IMAGE EVALUATION TEST TARGET (MT-3) . ^O ^ ^J^ V ,V^ Z 1.0 I.I 1.25 1^ |28 1 2.5 ^ li£ 12.0 1.8 ^ lllllii& 6" V] ^^: * / y /^ Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 ,' ^ ^ CIHM/ICMH Microfiche Series. CIHIVI/iCMH Collection de microfiches. Canadian Institute for Historical Microreproductions / Institut Canadian de microreproductions historiques Technical and Bibliographic Notea/Notoa techniques et bibliographiques The Institute has attempted to obtain the best original copy available for filming. Features of this copy which may be bibllographically unique, which may alter any of the images in the reproduction, or which may significantly change the usual method of filming, are checked below. D Coloured covers/ Couverture de couleur I I Covers damaged/ D Couverture endommagte Covers restored and/or laminated/ Couverture restaur6e et/ou pelliculAe I I Cover title missing/ Le titre de couverture manque I I Coloured maps/ D D D D D Cartes giographlques en couleur Coloured ink (i.e. other than blue or black)/ Encre de couleur (i.e. autre que bleue ou noire) r~~| Coloured plates and/or illustrations/ Planches et/ou illustrations en couleur Bound with other material/ Reli6 avec d'autres documents Tight binding may causa shadows or distortion along interior margin/ La reliure serr6e peut causer de I'ombre ou de la distortion ie long de la marge int6rieure Blank leaves added during restoration may appear within the text. Whenever possible, these have been omitted from filming/ II se peut que certaines pages blanches ajouties lors d'une restauration apparaissent dans le texte, mais, lorsque cela Atait possible, ces pages n'ont pas 6tS film6es. Additional comments:/ Commentaires supplAmentaires- L'institut a microfilm^ le meilleur exemplaire qu'il lui a AtA possible de se procurer. Les details de cet exemplaire qui sont peut-Atre uniques du point de vue bibliographique, qui peuvent modifier une image reproduite. ou qui peuvent exiger une modification dans la mAthode normale de filmage sont indiquAs ci-dessous. |~~| Coloured pages/ This item is filmed at the reduction ratio checked below/ Ce document est filmA au taux de rMuction indiquA ci-dessous. Pages de couleur Pages damaged/ Pages endommagAes Pages restored and/oi Pages restauries et/ou pellicul4es Pages discoloured, stained or foxe« Pages dAcoiortes, tachetAes ou piquAes Pages detached/ Pages ditachtes Showthroughy Transparence Quality of prir Quality inigaie de I'impression Includes supplementary materit Comprend du matAriei supplAmentaire Only edition available/ Seule Mition disponibia I — I Pages damaged/ [ — I Pages restored and/or laminated/ FT] Pages discoloured, stained or foxed/ I I Pages detached/ rri Showthrough/ I I Quality of print varies/ I I Includes supplementary material/ I — I Only edition available/ The( to thi The! possi of th filmii Origi begir the li sion, othei first I sion, or nil Pages wholly or partially obscured by errata slips, tissues, etc., have been refiimed to ensure the best possible image/ Les pages totaiement ou partiellement obscurcies par un feuillet d'errata, une pelure. etc.. ont M fiimies A nouveau de fapon A obtenir la meiileure image possible. The! shall TINU whici Mapi diffei entiri begir right requi math 10X 14X 18X 22X 28X »% y i 12X 16X 20X 24X 28X 32X The copy filmed here has been reproduced thanks to the generosity of: iVIillt IMemorial Library IMcMaster University L'exemplaire filmi fut reproduit grAce k la g6n4rositA de: Mills Memorial Library McMaster University The images appearing here are the best quality possible considering the condition and legibility of the original ropy and in keeping with the filming contract specifications. Las images suivantes ont 6t6 reproduites avec le plus grand soin. compte tenu de la condition et de la nettet6 de l'exemplaire filmd. et en conformit6 avec les conditions du contrat de filmage. Original copies in printed paper covers are filmed beginning with the front cover and ending on the last page with a printed or illustrated impres- sion, or the back cover when appropriatn. All other original copies are filmed beginning on the first page with a printed or illustrated impres- sion, and ending on the last page with a printed or illustrated impression. The last recorded frame on each microfiche shall contain the symbol — ^ (meaning "CON- TINUED"), or the symbol V (meaning "END"), whichever applies. Les exemplaires originaux dont la couverture en papier est imprimis sont filmis en commenpant par le premier plat et en terminant soit par la dernidre page qui comporte une empreinte d'impression ou d'illustration, soit par le second plat, salon le cas. Tous les autres exemplaires originaux sont film6s en commenpant par la premidre page qui comporte une empreinte d'impression ou d'illustration et en terminant par la dernidre page qui comporte une telle empreinte. Un des symboles suivants apparaftra sur la dernidre image de cheque microfiche, selon le cas: le symbols — ► signifie "A SUiVRE". le symbols V signifie "FIN ". IVIaps, plates, charts, etc., may be filmed at different reduction ratios. Those too large to be entirely included in one exposure are filmed beginning in the upper left hand corner, left to right and top to bottom, as many frames as required. The following diagrams illustrate the method: Les cartes, planches, tableaux, etc., peuvent Atre filmAs d des taux de reduction diffirents. Lorsque le document est trop grand pour Atre reproduit en un seul clich6, il est filmA A partir de I'angle supArieur gauche, de gauche i droite, et de haut en bas. en prenant le nombre d'images nAcessaire. Les diagrammes suivants illustrent la m6thode. 1 2 3 32X 1 2 3 4 8 e '■7^' i i "j^^^r^i./ ^. i:! '.;.('._fra J# I ''*, THIRTY YEAUS^ VIEW; OR, fpS. A HISTORY OF THE WORKIN(; OP THE AMERICAN f GOVERNMENT FOR THIRTY YEARS, FROM IS2 TO 1850. FH«)M THE CONOatBS DKBATK-, THi-: PIIJVaI?*' r'ATFRS OF (JK.VERAL JACK80N AJSii THE SPEECHES OF K-v-riKN'-VTiJ/U »vi,s-: a* WITH 1115 ACTUAL VIEW OF MfciS aKD AFT'Aiiv^i f f •wrra HIriTOJUCAt. KOTES A>'1j IIJ^USTT^AriONS. Ar.D ^.'^ME N'OTICfiS OF E^UNENT DECltA^SliD U/iEMS'JRAUrilS: • ^ 5J-- BY A SENATOR OF TiUETY VF, AK8. ^ \ :^ IN TWO VOLuMKi, r VOL. I 't ^i )#■ NEW YORK : D . * -A F I' L E T N A N I.) C M T A :■:. Y , , .W. /VND C.l:5 UHtiAJiWAY. LPNDO^i: 19 l.n-rLK HR.'TAI.S. - .#■ v^- ?^ W^- . -f-' (t . ;-^' '■I • .;•■ it. <-»*& '-!(?'•''''■ Ip* o-^ v^^.^ j!^ech on MIs- 860 CXXL of Proceeds 862 CXXII. wcnty-third CXXIII. and Presi- 869 CXXIV. n tho Bank 873 cxxv. ? the Decf- atlon to the 879 CXXVI. CXXVIL e Treasury oftUcDe- Directors, ival of the )py of tho [t Combl- \n — Com- pntJack- eposlts— 881 830 899 40O .Clay bkson— 403 404 a • 411 . . 416 csldent of tho 428 • 483 . Ben- nkof 48« 453 CXXVIII. CXXIX. PAOB. Senatnrial Investlgi^tlon of the Bank of tho United States .... 470 Downfall of t^o Bank of tlio United States 471 Death of John llandolph, of Koanoaka 473 Death of Mr. Wirt 475 Dchth of the last of the Signers of the Decluratlon of Independence . . 476 Coinincnccment of the Session, lS34-'85 : President's Message .... 477 Report of the Bank Committao . . 481 French Spoliations before 1800 . . 487 French Situations — Speech of Mr. Wright, of New-York ... 489 French Spoliations-Mr. Webster's Speech 606 French Spoliations-Mr. Benton's Speech 614 Attempted Assassination of President Jackson 621 Alabama Expunging Resolutions . 524 The Expunging Resolution . . ,628 Expunging Resolution: Rejected, and Renewed 649 Branch Mluts at New Orleans, and in the Gold Regions of Georgia and North Carolina 650 Regulation Deposit Bill . : . 653 Defeat of the Defence Appropriation, and loss of the Fortification Bill . . 654 Distribution of Revenue ... 656 Commencement of Twenty-Fonrth Con- gress — President's Message . . 668 Abolition of Slavery in the District of Columbia ..... 676 Mall Circulation of Incendiary Publica- tions CXXX. CXXXL CXXXII. French Affidrs— Approach of a French CXXXIIL Squadron— Apology Required . French Indemnities- British Mediation — Indemnities Paid .... CXXXIV. President Jackson's Foreign Diplomacy CXXXV. Slavery Agitation . . , . . CXXXVL Removal of the Cherokees from Georgia CXXXVII. Extension of the Missouri Boundary . CXXXVIII. AdniissloTi of the States of Arkansas and Michigan into the Union . 6S0 688 600 601 609 624 626 627 CHAP. CXXXIX rxL. CXLL CXLII. CXLIII. CXLIV. CXLV. CXLVI. CXLVII. CXLVIII. CXLIX CL. CLI. CLIL CLIII. CLIV. CLV. CLVI. OLVIL CLVIII. CLIX. CLX CLXL CLXIL CLXIIL CLXIV. CLXV. Attempted Inquiry into the Military Academy 683 MilltaryAcadamy— Speech of Mr. Pierce C41 Expunging Resolution — Peroration of Senator Benton's Second Speech . 645 Distribution of the Land Revenue . 649 Kecharter of the District Banl:s— Speech of Mr. Benton — The Parts of Local and Temporary Interest Omitted ■ . 668 Independence of Texas . . . 6C5 Texas Independence — Mr. Benton's Speech 670 The Specie Circular . ... 676 Death of Mr. Madison, Fourth President ofthe United States . . 678 Death of Mr. Monroe, Fifth President of tho United States , ... 679 Death of Chief Justice Marshall . . 631 Death of Col. Burr, Third Vice-President ofthe United States . ... 681 DeatbofWilliamB. Giles, of Virginia . 683 Presidential Election of 1836 . . 688 Last Annual Message of President Jack- son -684 Final Removal of the Indians . . 690 Rectslon cf the Treasury Circular . . 694 Distribution of Lands and Money— Vari- ous Propositions .... 70T Military Academy— Its Riding House 713 Salt Tax— Mr. Benton's Fourth Speech 714 Expunging Resolution— Preparation for Decision 717 Expunging Resolution— Mr. Benton's TMrd Speech 719 ExpunginK Resolution— Mr. Clay, Mr. Calhoun, Mr. Webster — Last Scene — Resolution Passed and Executed . 727 The Supreme Court— Judges and Officers 781 Farewell Address of President Jaoksou —Extract 783 Conclusion of General Jackson's Adminis- tration 78S Betiring and Death of GencralJackson- Administration of Martin Van Buren 785 463 I for 470 f V ■ ^f The! ,X PRELIMINARY VIEW. FROM 1816 TO 1820 The war with Great Britain commenced in 1812, and ended in 1815. It was a short war, but a necessary and important one, and intio- duccd several changes, and made some new points of departure in American policy, whicli are necessary to be understood in order to un- derstand the subsequent working of the govern- ment, and the VIEW of that working which is proposed to be given. 1. It struggled and labored under the state of the finances and the currency, and terminated without any professed settlement of the cause for which it began. There was no national cur- rency — no money, or its equivalent, which re- presented the same value in all places. The first Bank of the United States had ceased to ex- ist in 1811. Gold, from being undervalued, had ceased to bo a currency — had become an article of merchandise, and of export — and was carried to foreign countries. Silver had been banished by the general use of bank notes, had been re- duced to a small quantity, insufficient for a pub- lic demand ; and, besides, would have been too cumbrous for a national currency. Local banks overspread the land ; and upon these the federal government, having lost the currency of the con- stitution, was thrown for a ci'Tcncy and for loans. They, unequal to the task, and having removed their own foundations by banisliing specie with profuse paper issues, sunk under the double load of national and local wants, and stopped specie payments — all except those of New England, which section of the Union was unfavorable to the war. Treasury notes were then the resort of the federal government. They were issued in great quantities; and not being convertible into coin at the will of the holder, soon began to depreciate. In the second year of the war the depreciation had already be- coine enormous, especially towards the Canada frontier, where the war raged, and where money was most wanted. An oGBcer setting out from Wasliington with a supply of these notes found them sunk one-third by the time he arrived at the northern frontier — his every three dollars counting but two. After all, the treasury notes could not be used as a currency, neither legally, nor in fact : they could only be used to obtain local . bank paper — itself greatly depreciated. All government securities were under par, even for depreciated bank notes. Loans were obtain- ed with great difficulty — at large discount — al- most on the lender's own terms; and still at tainable only in depreciated local bank notes. In less than three years the government, para- lyzed by the state of the finances, was forced to seek peace, and to make it, without securing, by any treaty stipulation, the object for which war had been declared. Impressment was the object — the main one, with the insults and the outra- ges connected with it — and without which there would have been no declaration of war. The treaty of peace did not mention or allude to the subject — the first time, perhaps, in modern his- tory, in which a war was terminated by treaty without any stipulation derived from its cause Mr. Jefferson, in 1807, rejected upon his own. responsibility, without cTen its communication to the Senate, the treaty of that year negotiated by Messrs. Monroe and Pinkney, because it did not contain an express renunciation of the prac- tice of impressment — because it was silent on that point. It was a treaty of great moment,, settled many troublesome questions, was verjj PRELIMINARY VIEW, I f •It desirable f what it contained ; but as it was silent on t , main jwint, it was rejected, without even a reference to the Senate, Now wo were in a like comlition after a war. The war was struggling for it:; own existence under the state of the finances, and had to be stopped without securing by treaty the object for which it was declared. The object was obtained, however, by the war itself. It showed the British govern- ment that the people of the United States would fight upon that point— that she would have war again if she impressed again : and there has been no impressment since. Near forty years with- out a case ! when we were not as many days, oftentimes, without cases before, and of the most insulting and outrageous nature. The spu-it and patriotism of the people in furnishing the supplies, volunteering for the service, and standing to the contest in the general wreck of the finances and the currency, without regard to their own losses— and the heroic courage of the army and navy, and of the militia and volunteers, made the war successful and glorious in spite of empty treasuries ; and extorted from a proud empire that security in point of fact which diplo- macy could not obtain as a treaty stipulation. And it was well. Since, and now, and hence- forth, we hold exemption from impressment as wo hold our indciiendence — by right, and by might — and now want the treaty acknowledg- ment of no nation on cither point. But the glo- rious termination of the war did not cure the evil of a ruined currency and defective finances, nor render less impressive the financial lesson which it taught. A return to the currency of the constitution — to the hard-money government wluch our fathers gave us — no connection with banks — no bank paper for federal uses — the es- tablishment of an independent treasury for the federal government ; this was the financial les- son which the war taught. The new generation into whose hands the working of the government fell during the Thiutv Years, eventually availed themselves of that lesson : — with what effect, the state of the country since, unprecedentedly pros- perous; the state of the currency, never de- ranged ; of the federal treasury, never polluted with " unavailable funds," and constantly cram- med to repletion with s( lid gold ; the issue of the Mexican war, carried on triumphantly with- out a national bank, and with the public securi- ties constantly above par — suflSciently proclaim. No other tongue but these results is necessary to show the value of tliat financial lesson, taught us by the war of 1812. 2. The establishment of the second national bank grew out of this war. The failure of tho local banks was enough to prove the necessity of a national currency, and the rc-establishmcnt of a national bank was the accepted remedy. No one seemed to think of the currency of the constitution — especially of that gold currency upon which the business of the world had been carried on from the beginning of the world, and by empires whose expenses for a week were equal to those of the United States for a year, and which the framers of the constitution had so carefully secured and guarded for their country. A national bank was the only remedy thought of. Its constitutionality was believed by some to have been vindicated by the events of the war. Its expediency was generally admitted. The whole argument turned upon the word " neces- sary," as used in the grant of implied powers at the end of the enumeration of powers expressly granted to Congress ; and this necessity was af- firmed and denied on each side at the time of the establishment of the first national bank, with a firmness and steadiness which showed that these fiithers of the constitution knew that the whole field of argument lay there. Washington's que- ries to his cabinet went to that point ; the close reasoning of Hamilton and Jefferson turned up- on it. And it is worthy of note, in order to show how mucli war has to do with the working of government, and the trying of its powers, that the strongest illustration used by General Ham- ilton, and the one, perhaps, which turned the question in Washington's mind, was the stale of the Indian war in tho Northwest, then just become a charge upon the new federal govern- ment, and beginning to assume the serious char- acter which it afterward attained. To carry on war at that time, with such Indians as were then, supported by the British traders, them- selves countenanced by their government, at such a distance in the wilderness, and by the young federal government, was a severe trial upon the finances of the federal treasury, as well as upon the courage and discipline of the troops ; and General Hamilton, the head of the treasury, argued that with the aid of a national bank, the war would be better and more successfully con- ducted : and, therefore, that it was " necessary,''^ f ^ and : a gr."! war. v^> iiilts is necessary :ial lesson, taught 3 second national he failure of tho )ve the necessity rc-establishmcnt ccepted remedy. I currency of the i gold currency world had been if the world, and ir a week were tates for a year, istitution had so >r their country, remedy thought elieved by some •ents of tho war. admitted. The e word " neces- iplied powers at )wers expressly ecessity was af ; the time of the al bank, with a )wed that these that the whole shington's que- oint ; the close on turned up- order to show le working of powers, that General Ham- \ turned the yas the state est, then just leral govern- serious char- To carry on ans as were aders, them- ernment, at and by the severe trial mry, as well the troops ; lie treasury, 1.1 bank, the isfuUy con- leceasaryy" FROM 1816 TO 1820. 8 4 and might be established as a means of executing a granted power, to wit, tho power of making war. That war terminated well ; and the bank i^ having been established in tho mean time, got the credit of having furnished its "sinews." The war of 1812 languished under tho state of the finances and the currency, no national bank existing ; and this want seemed to all to be the cause of its difficulties, and to show the neccssi- Ity for a bank. The second national bank was then established — many of its old, most able, and conscientious opponents giving in to it, Mr. Madison at their head. Thus the question of a national bank again grew up — grew up out of the events of the war — and was decided against the strict construction of the constitution — to the weakening of a principle which was funda- mental in the working of the government, and to the damage of the party which stood upon the doctrine of a strict construction of the constitu- tion. But in the course of the " Thirty Years " of which it is proposed to take a " View," some of the younger generation became impressed with the belief that the constitutional currency had not had a fair trial in that war of 1812 ! that, in fact, it had had no trial at all ! that it was not even in the field ! not even present at the time when it was supposed to have failed ! and that it was entitled to a trial before it was condemned. That trial has been obtained The second nation- al bank was left to expire upon its own limita- tion. The gold currency and the independent treasury were established. The Mexican war tried them. They triumphed. And thus a na- tional bank was shown to be "unnecessary," and therefore unconstitutional. And thus a great question of constitutional construction, and of party division, three times decided by the events of war, and twice against the constitution and the strict constructionists, was decided the last time in their favor ; and is entitled to stand, being the last, and the only one in which the constitutional currency had a trial. 3. The protection of American industry, as a substantive object, independent of tho object of revenue, was a third question growing out of the war. Its incidental protection, under the reve- nue clause in the constitution, had been always acknowledged, and granted ; but protection as a substantive object was a new question growing out of the state of things produced by the war. Domestic manufactures had taken root and grown up during the non-importation periods of the embargo, and of hostilities with Great Bri- tain, and under the temporary double duties which ensued the war, and which were laid for revenue. They had grown up to be a largo interest, and a new one, classing in importance after agriculture and commerce. The want of articles necessary to national defence, and of others essential to individual comfort — then neither imported nor made at home — had been felt during the interruption of commerce occa- sioned by the war; and the advantage of a domestic supply was brought homo to the con- viction of the public mind. The question of protection for the sake of protection was brought forward, and carried (in the year 1816) ; and very unequivocally in the minimum provision in relation to duties on cotton goods. This reversed the old course of legislation — made protection the object instead of the incident, and revenue the incident instead of th'j object; and was another instance of constitutional construction being made dependent, not upon its own words but upon extrinsic, accidental and transient cir cumstances. It introduced a new and a large question of constitutional law, and of national expediency, fraught with many and great conse- quences, which fell upon the period of the Thirty Years' Vikw to settle, or to grapple with. 4. Tho question of internal improvement within the States, by the federal government, took a new and large development after the war. The want of facilities of transportation had been felt in our military operations. Roads were bad, and canals few ; and the question of their con- struction became a prominent topic in Congress common turnpike loads — for railways had not then been invented, nor had MacAdam yet given his name to the class of roads which has since borne it. The power was claimed as an incident to the granted powers — as a means of doing what was authorized — as a means of accomplish- ing an end : and the word " necessary " at the end of the enumerated powers, was the phrase in which this incidental power was claimed to have been found. It was the same derivation which was found for tho creation of a national bank, and involved vciy nearly the same division of parties. It greatly complicated the national legislation from 1820 to 1850, bringing the two parts of our double system of government — State PRELIMINARY VIEW, ! i and Federal— into serious disagreement, and threatening to compromise their harmonious action. Grappled with by a strong hand, it seemed at one time to have been settled, and consistently with the rights of the States ; but sometimes returns to vex the deliberations of Congress. To territories the question did not extend. They have no political rights under the constitution, and are governed by Congress according to its discretion, under that clause which authorizes it to "dispose of and make all needful rules and regulations respecting the ter- ritory or other property belonging to the United States." The improvement of rivers and har- bors, was a branch of the internal improvement question, but resting on a different clause in the constitution— the commercial and revenue clause— and became complex and difficult from its extension to small and local objects. The party of strict construction contend for its rpstriction to national objects — rivers of national character, and harbors yielding i-evenuc, 5. The boundaries between the treaty-mak- ing and the legislative departments of the government, became a subject of examination after the war, and gave rise to questions deeply affecting the working of these two departments. A treaty is the supreme law of the land, and a.s such it becomes obligatory on the House of Representatives to vote the money which ii stipu- lates, and to co-operate in forming the laws necessary to carry it into effect. That is the broad proposition. The qualification is in tlie question whether the treaty is confined to the business of the treaty-making power? to the subjects which fall under its jurisdiction ? and does not encroach upon the legislative power of Congress ? This is the qualification, and a vital one : for if the President and Senate, by a treaty with a foreign power, or a tribe of Indians, could exercise ordinary legislation, and make it su- preme, a double injury would have been done, and to the prejudice of that branch of the government which lies closest to the people, and emanates most directly from them. Confine- ment to their separate jurisdic'ions is the duty of each ; but if encroachments take place, which is to judge ? If the President and Senate invade the legislative field of Congress, which is to judge ? or who is to judge between them ? or is each to judge for itself? The House of Repre- sentatives, and the Senate in its legislative capa- city, but especially the House, as the great constitutional depository of the legislative power, becomes its natural guardian and defender, and is entitled to deference, in the event of a differ- 4 ence of opinion between the two branches of the government. The discussions in Congress be- tween 1815 «nd 1820 greatly elucidated this question; and while leaving unimpugned the obligation of the House to carry into effect a treaty duly made by the President and Senate within the limits of the treaty making power — upon matters subject to treaty regulation — yet it belongs to the House to judge when these limits have been transcended, and to preserve inviolate the field of legislation which the consti- tution has intrusted to the immediate represen- tatives of the people. 6. The doctrine of secession — the right of a State, or a combination of States, to withdraw from the Union, was born of that war. It was repugnant to the New England States, and opposed by them, not with arms, but with argu- ment and remonstrance, and refusal to vote supplies. They had a convention, famous tinder the name of Hartford, to which the design of secession was imputed. That design was never avowed by the convention, or authentically admitted by any leading member ; nor is it the intent of this reference to decide upon the fact of that design. The only intent is to show that the existence of that convention raised the ques- tion of secession, and presented the first instance of the greatest danger in the working of the double form of our government — that of a col- lision between a part of the States and the federal government. This question, and this danger, first arose then — grew out of the war of 1812 — and were hushed by its sudden termina- tion; but they have reappeared in a different quarter, and will come in to swell the objects of the Thirty Years' View. At the time of its first appearance the right of secession was re- pulsed and repudiated by the democracy gene- rally, and in a large degree by the federal party — the difference between a Union and a League being better understood at that time when so many of the fathers of the new govern- ment were still alive. The leading language in respect to it south of the Potomac was, that no State had a right to withdraw from the Union — that it required the same power to dissolve as to form the Union — and that any attempt to i i\i FROM 1816 TO 1820. ISO, as tho great ! legislative power, md defender, and event of a difler- 'o branches of tho in Congress be- 7 elucidated this unimpugned the irry into effect a iy Chief Justice Jfarsliall, almost septuagenarian, and fltill in the vi{,'or of his intellect, assDi iated with Mr. Justice Story, Mr. Justice Johnson, of South Carolina, Mr. Justice Duval, and -Mr. Justice Washington, of Virginia. Thus all the departments, and all thr; branches of the govern- ment, were ably and decorously filled, and the friends of popular representative institutions might contemplate their administratioa with pride and pleasure, and challenge their com- parison with any government in the world. CHAPTER II. ADMISSION OF THE STATK OP MISSOUlil. This was the exciting and agitating question of the session of 1820-'21. The question of re- striction, that is, of prescribing the abolition of slavery within her limits, had been "compro- mised " the session before, by agreeing to admit the State without restriction, and abolishing it in all the remainder of the province of Louisiana, north and west of the State of Missouri, and north of the parallel of 36 degrees, 30 minutes. This " compromise " was the work of the South, sustained by the united voice of Mr. Monroe's cabinet, the united voices of the Southern sena- tors, and a majority of the Southern representa- tives. The unanimity of the cabinet has been shown, impliedly, by a letter of Mr. Monroe, and positively by the Diary of Mr. John Quincy Adams. The unanimity of the slave States in the Senate, where the measure originated, is shown by its journal, not on the motion to insert the section constituting the compromise (for on that motion the yeas and nays were not taken), but on the motion to strike it out, when they were taken, and showed 30 votes for the compromise, and 15 against it — every one of the latter from non- slaveholding States — the former comprehending every slave State vote present, and a few from the North. As the constitutionality of this compromise, and its binding force, have, in these latter times, begun to be disputed, it is well to give the list of the senators names voting for it, that it may be seen that they were men of judg* mint and weight, able to know what the const! tut ion was, and not apt to violate it. They wero Governor Barbour and Governor Pleasants, ol Virginia; Jlr. James Brown and (Jovernor Ileniy Johnson, of Louisiana; Governor Ed- waiils and Judge Jesse B. Thomas, of Illinois; Mr. Elliott and Mr. Walker, of Georgia; Mr. Gaillanl, President, pro tempore, of the Senate, and Judge William Smith, from South Carolina ; Messrs. Horsey and Van Dyke, of Delaware ; Colonel Richard M, Johnson and Jiulge Logan, from Kentucky; Mr. William B. King, since Vice-President of the United States, and Judge John W. Walker, fiom Alabama; Messrs. Leake and Thomas IL Williams, of Mississippi ; Gov- ernor Edward Lloyd, and the great jurist and orator, William Pinkney, from Maryland j Mr. Macon and Governor Stokes, from North Caro- lina ; Messrs. Walter Lowrio and Jonathan Roberts, from Pennsylvania ; Mr. Noble and Judge Taylor, from Indiana ; Mr. Palmer, from Vermont; Mr. Parrott, from New Hampshire. This was the vote of the Senate for the compro- mise. In the House, there was some division among Southern members ; but the whole vote in favor of it was 134, to 42 in the negative — the latter comprising some Northern members, as the former did a majority of the Southern — among them one whose opinion had a weight never exceeded by that of any other American statesman, William Lowndes, of South Carolina. This array of names shows the Missouri com- promise to have been a Southern measure, and the e\cnt put the seal upon that character by shon ing it to be acceptable to the South. But it had not allayed the Northern feeling against an increase of slave States, then openly avowed to be a question of political power between the two sections of the Union. The State of Mis- souri made her constitution, sanctioning slavery, and forbidding the legislature to interfere with it. This prohibition, not usual in Stp.te constitutions, was the effect of the Missouri controversy and of foreign interference, and was adopted for the sake of peace — for the sake of internal tranquil- lity — and to prevent the agitation of the slave question, which could only be accomplished by cxu.uding it wholly from the forum of elections and legislation. I was myself the instigator of that prohibition, and the cause of its being put into the constitution — though not a member of ]ina, { a res passe of M but tives passi Hou by I witl byl Sen ANNO 1820. JAMES MONROE, PREHIDENT. 9 LTo men of judg^ wlmt tlic consti i it. T lu>y were or Pliasonts, ol anrl (Jovernor '« over nor EJ- 111 as, of Illinois; f Georgia; Mr. , of the Senate, South Carolina; I of Delaware; I Judge Logan, IJ. King, since »tes, and Judge Messrs. Leake isissippi; Gov- reat jurist and laryland; Mr. n North Caro- ind Jonathan fr. Noble and Palmer, from tv Hampshire, ir the compro- somc division lie whole vote negative — the members, as ! Southern — lad a weight ler American ith Carolina, issouri com- neasure, and laracter by south. But ing against nly avowed etwcen the ate of Mis- ng slavery, ere with it. istitutions, )versy and ed for the tranquil- the slave ' ilished by elections igator of )eing pqt ember of the convention — btingiciually opjwsed to slavery ] Ik; expodicnt or not, to make provision for the agitation and to 8!«\ery extension. Thert! was also a clause in it, authoii/.ing the legislature to prohibit the emigration of free people of color into the State ; and this clause was laid hold of in Congress to resist the admission of the State. It was treated as a breach of that clause in the federal constitution, which guarantees cipial privile{';es in all the States to the citizens of every State, of which privileges the right of emigRition was one ; and free people of color being admitted to citizenship in some of the States, this prohibition of emigration was held to be a violation of that privilege in their per- sons. But the real point of objection was the slavery clause, and the existence of slavery in the State, which it sanctioned, and seemed to perpetuate. The constitution of the State, and her application for admission, was presented by her late delegate and representative elect, Mr. John Scott ; and on his motion, was referred to a select committee. Mr. Lowndes, of South Carolina, Mr. John Sergeant, of Pennsylvania, and General Samuel Smith, of Maryland, were appointed the committee ; and the majority being from slave States, a resolution was quick- I3' reported in favor of the admission of the State. But the majority of the House being the other way, the resolution was rejected, 79 to 83 — and by a clear slavery and anti-slavery vote, the exceptions being but three, and they on the side of admission, and contrary to the sentiment of then- own State. They were Mr. Henry Shaw, of Massachusetts, and General Bloomfield and Mr. Bernard Smith, of New-Jersey. In the Senate, the application of the State shared a similar fate. The constitution was referred to a committee of three, Messrs. Judge William Smith, of South Carolina, Mr. James Burrill, of Rhode Island, and Mr. Macon, of North Caro- Jina, a majority of whom being from slave States, a resolution of admission was reported, and passed the Senate — Messrs. Chandler and Holmes of Maine, voting with the friends of admission ; but was rejected in the House of Representa- tives. A second resolution to the same effect passed the Senate, and was again rejected in the House. A motion was then made in the House by Mr. Clay to raise a committee to act jointly with any committee which might bo appointed by the Senate, " to consider and report to the Senate and the House respectively, whether it admission of Missouri into the Union on the same footing as the original States, nnd for the due execution of the laws of the United States within Missouri? and if not, whether any other, and what provision adapted to her actual condi- tion oiight to be made by law." This motion was adopted by a majority of nearly two to one — 101 to 55 — which shows a largo vote in its favor from the non-slaveholding States. Twenty- three, btiing a number e(i\ial to the number of the States, were then appointed on the part of the House, and were : Messrs. Clay, Thomas W. Cobb, of Georgia ; Mark Langdon Hill, of Mas- sachusetts 5 Philrp P. Barbour, of Virginia 5 Henry II. Storrs, of New-York; John Cocke, of Tennessee, Christopher Rankin, of Mississippi; William S. Archer, of Virginia ; William Brown, of Kentucky ; Samuel Eddy, from Rhode Island ; William D. Ford, of New- York ; William Cul- breth, Aaron Hackle)', of New-York ; Samuel Moore, of Pennsylvania, James Stevens, of Con- necticut ; Thomas J. Rogers, from Pennsylvania ; Henry Southard, of New-Jersey ; John Ran- dolph; James S. Smith, of North Carolina; William Darlington, of Pennsylvania; Nathaniel Pitcher, of New- York ; John Sloan, of Ohio, and Henry Baldwin, of Pennsylvania. The Senate by a vote almost unanimous — 29 to 7 — agreed to the joint committee proposed by the House of Representatives ; and Messrs. John Holmes, of Maine ; James Barbour, of Virginia ; Jona- than Roberts, of Pennsylvania ; David L. Mor- ril, of New-Hampshire ; Samuel L. Southard, of New-Jersey ; Colonel Richard M. Johnson, of Kentucky ; and Rufus King, of New- York, to be a committee on its part. The joint commit- tee acted, and soon reported a resolution in favor of the admission of the State, upon the condition that her legislature should first declare that the clause in her constitution relative to the free colored emigration into the State, should never be construed to authorize the passage of any act by which any citizen of either of the States of the Union should be excluded from the enjoy- ment of any privilege to which ho may be enti- tled under the constitution of the United States ; and .lie President of the United States being furnished with a copy of said act, should, by proclamation, declare the State to be athnitted. This resolution was passed in the House by a close vote — 8G to 82 — several members from 10 TIIIRTV YEARS' VIEW, 1 ll' I n m nonsUvcholilin^ States voting for it. In the Senate il, wuh jiftsscd by two to one— I'M to 14; and the rcfinin-il declaration having been Hoon niado by the (Jem-ral AsBi-mbiy of MiMsoiiri, and rommimicated to tho PreHident, his proclai lation was iHsni'd Bt ron« tingemies — a sum which, though sniull in itself, was absolutely unnecessary for that pur{H)Ho, ttni:ld have been in market, so as to allow of diffe»?nt prices for different qualities, and to accomplish in a reasonable time the sale of the whole. Apt;l'cations woro made at that time for the establishment oi the pre-emptive system ; but without effect, and, apparently without the prospect of eventual success. Not even a report of a committee could be got in its favor — nothing more than temporary provisions, as special fa- vors, in particular circumstances. But perseve- rance was successful. The new States continued to press the question, and finally prevailed ; and now the pre-emptive principle has become a fixed part of our land system, permanently in- corporated with it, and to the equal advantage of the settler and the government. The settler gets a choice home in a new countrj', due to his enterprise, courage, hardships and privations in subduing the wilderness ; the government gets a body of '■ultivators whose labor gives value to the surrouhling public lands, and whose courage and patriotism volunteers for the public defence whenever it is necessary. The second, or gradu- ation principle, tnough much pressed, has not yet been established, but its justice and policy are self-evident, and the exertions to procure it should not be intermitted until successful. The passage of this land relief bill was attended by incidents which showed the delicacy of members at that time, in voting on questions in which they might be interested. Many members of Congress were among the public land debtors, and entitled to the relief to be granted. One of their number. Senator William Smith, from South Carolina, brought the point before the Senate on a motion to be excused from voting on account of his interest. The motion to excuse was rejected, on the ground that hr. interest was general, in common with the country, and not particular, in relation to himself: and that his constituents were entitled to the benefit of his vote. Thi the Con] our parti Pacil ANNO 1820. JAMES MONROE, PRESIDENT. 13 nts already made; 1 their homes and their purchases as t the reduced rate, nent of a difficult features to make it right to all first odical reduction of of time the land so as to allow of qualities, and to ne the sale of the lade at that time e-emptive system ; ently without the Not even a report its favor— nothing 3ns, as special la- BS. But perseve- r States continued ly prevailed; and le has become a , permanently in- equal advantage lent. The settler imtrj', due to his md privations in Dvernment gets a gives value to whose courage public defence econd, or gradu- Tessed, has not stice and policy IS to procure it uccessful. The as attended by wy of members tions in which T members of land debtors, granted. One Smith, from nt before the from voting tion to excuse ' interest was itry, and not and that his »enefit of his I CHAPTER V. OREGON TEEKITORY. »r The session of 1820-21 is remarkable as being the first at which any proposition was made in Congress for the occupation and settlement of our territory on the Columbia River — the only part then owned by the United States on the Pacific coast. It was made by Dr. Floyd, a re- presentative from Virginia, an ardent man, of great ability, and decision of character, and, from an early residence in Kentucky, strongly imbued with western feelings. He took up this subject with the energy which belonged to him, and it required not only energy, but courage, to embrace a subject which, at that time, seemed more likely to bring ridicule than credit to its advocate. I had written and published some essays on the subject the year before, which he had rea\er the committee was raised, " to authorize the oc- cupation of the Columbia River, and to regulate trade and intercourse with the Indian tribes thereon," accompanied by an elaborate report, replete with valuable statistics, in support of the measure. The fur trade, the Asiatic trade, and the preservation of our own territory, were the advantages proposed. The bill was treated with the parliamentary courtesy which respect for the committee required : it was read twice, and committed to a committee of the whole House for the next day — most of the members not considering it a serious proceeding. Nothing further was done in the House that session, but the first blow was struck : public attention was awakened, and the geographical, historical, and statistical facts set forth in the report, made a lodgment in the public mind which promised evenlteial favorable consideration. I had not been admitted to my seat in the Senate at the time, but was soon after, and quickly came to the support of Dr. Floyd's measure (who continued to pursue it with zeal and ability); and at a subsequent session presented some views on the subject which will bear reproduction at this time. The danger of a contest with Great Bri- tain, to whom we had admitted a joint posses- sion, and who had already taken possession, was strongly suggested, if we delayed longer our own occupation ; " and a vigorous effort of policy, and perhaps of arms, might be necessary to break her hold." Unauthorized, or individual occupa- tion was intimated as a consequence of govern- ment neglect, and what has since taken place was foreshadowed in this sentence : " mere ad- venturers may enter upon it, as iEneas entered upon the Tiber, and as our forefathers came upon the Potomac, the Delaware and the Hud- son, and renew the phenomenon of individuals laymg the foundation of a future empire." The eflect upon Asia of the arrival of an American population on the coast of the Pacific Ocean was thus exhibited : " Upon the people of Eastern Asia the establishment of a civilized power on the opposite coast of America, could not fail to produce great and wonderful benefits. Science, liberal principles in government, and the true religion, might cast their lights across the inter- vening sea. The valley of the Columbia might become the granary of China and Japan, and an outlet to their imprisoned and exuberant popula- tion. The inhabitants of the oldest and the newest, the most despotic and the freest govern- ments, would become the neighbors, and the friends of ea^h other. To my mind the proposition is clear, that Eastern Asia and the two Americas, as they become neighbors should become friends ; 14 THIRTY TEARS' VIEW. and I for one had as lief see American ministers going to the emperors of China and Japan, to the king of Persia, and even to the Grand Turk, fcs to see them dancing attendance upon those European legitimates who hold every thing American in contempt and detestation." Thus [ spoke ; and this I believe was the first time that a suggestion for sending ministers to the Oriental nations was publicly made in the United States. It was then a "wild" sugges- tion: it is now history. Besides the preserva- tion of our own territory on the Pacific, the • stablishment of a port there for the shelter of our commercial and military marine, the protec- tion of the fur trade and aid to the whaling vessels, the accomplishment of Mr. Jefferson's idea of a commercial communication with Asia through the heart of our own continent, was constantly insisted upon as a consequence of planting an American colony at the mouth of the Columbia. That man of large and useful ideas — that statesman who could conceive mea- sures useful to all mankind, and in all time to come — was the first to propose that commercial communication, and may also be considered the first dii-co verer of the Columbia River. His philo- sophic mind told him that where a snow-clad mountain, like that of the Rocky Mountains, shed the waters on one side which collected into such a river as the Missouri, there must be a corresponding shedding and collection of waters on the other ; and thus he was perfectly assured of the existence of a river where the Columbia has since been found to be, although no naviga- tor had seen its mouth, and no explorer trod its banks. His conviction was complete; but the idea was too grand and useful to be permitted to rest in speculation. He was then minister to France, and the famous traveller Ledyard, hav- ing arrived at Paris on his expedition of discov- ery to the Nile, was prevailed upon by Mr. Jefferson to enter upon a fresher and more use- ful field of discovery. He proposed to him to change his theatre from the Old to the New World, and, proceeding to St. Petersburg upon a passport he would obtain for him, he should there obtain permission from the Empress Cath- arine to traverse her dominions in a high north- ern latitude to their eastern extremity — cross the sea from Kamschatka, or at Behring's Straits, and descending the northwest coast of America, come down upon the river which must head op- posite the head of the Jlissouri, ascend it to its source in the Rocky Mountains, and then follow the Missouri to the French settlements on the Upper Mississippi ; and thence home. It was a magnificent and a daring project of discovery, and on that account the more captivating to the ardent spirit of Ledyard. He undertook it — went to St. Petersburg — received the permission of the Empress— and had arrived in Siberia when he was overtaken by a revocation of the permission, and conducted as a spy out of the country. He then returned to Paris, and re- sumed his original design of that exploration of the Nile to its sources which terminated in his premature death, and deprived the world of a young and adventurous explorer, from whose ardour, courage, perseverance and genius, great and useful results were to have been expected. Mr. Jefferson was balked in that, his first at- tempt, to establish the existence of the Columbia River. But a time was coming for him to under- take it imder better auspices. He became Pre- sident of the United States, and in that character projected the expedition of Lewis and Clark, obtained the sanction of Congress, and sent them forth to discover the head and course of the river (whose mouth was then known), for the double purpose of opening an inland commercial communication with Asia, and enlarging the boundaries of geographical science. The com- mercial object was placed first in his message, and as the object to legitimate the expedition. And thus Mr. Jefferson was the first to propose the North American road to India, and the in- troduction of Asiatic trade on that road ; and all that I myself have cither said or written on that subject from the year 1819, when I first took it up, down to the present day when I still contend for it, is nothing but the fruit of the seed plant- ed in my mind by the philosophic hand of Mr. Jefferson. Honor to all those who shall assist in accomplishing his great idea. CHAPTER VI. FLORIDA TEEATT AND CESSION OF TEXAS. I WAS a member of the bar at St. Louis, in tho then territory of Missouri, in tho year 1818, ANNO 1820. JAMES MONROE, PRESIDENT. 15 •i, ascend it to its , and then follow ttlements on the homo. It was a ect of discovery, aptivating to the undertook it — :d the permission •ived in Siberia evocation of the spy out of the • Paris, and re- t exploration of rminated in his the world of a er, from whose id genius, great been expected, at, his first at- )f the Columbia r him to under- [e became Pre- 1 that character ris and Clark, , and sent them course of the lown), for the nd commercial enlarging the !e. The com- his message, le expedition. st to propose t, and the in- 'oadj and an itten on that first took it [still contend seed plant- land of Mr. shall assist TEXAS. lis, in tho \ea.r 1818. when the Washington City newspapers made known the progress of that treaty with Spain, which was signed on the 22d day of February following, and which, in acquiring Florida, gave away Texas. I was shocked at it — at the ces- sion of Texas, and the new boundaries proposed for the United States on the southwest. The acquisition of Florida was a desirable object, long sought, and sure to be obtained in the pro- gress of events ; but the new boundaries, besides cutting off Texas, dismembered the valley of the Mississippi, mutilated two of its noblest rivers, brc'ight a foreign dominion (and it non-slave- bolding), to the neighborhood of New Orleans, and established a wilderness barrier between Missouri and New Mexico — to interrupt their trade, separate their inhabitants, and shelter the wild Indian depredators upon the lives and pro- perty of all who undertook to pass from one to the other. I was not then in politics, and had nothing to do with political affairs ; but I saw at once the whole evil of this great sacrifice, and instantly raised my voice against it in articles published in the St. Louis newspapers, and in which were given, in advance, all tho national reasons against giving away the country, which were afterwards, and by so many tongues, and at the expense of war and a hundred millions, given to get it back. I denounced the treaty, and attacked its authors and their motives, and imprecated a woe on the heads of those who should continue to favor it. " The magnificent valley of the Mississippi is ours, with all its fountains, springs and floods; and woe to the statesman who shall undertake to surrender one drop of its water, one inch of its soil, to any foreign power." In these terms I spoke, and in this spirit I wrote, before the treaty was even ratified. Mr. Jolm Quincy Adams, tho Secre- tary of State, negotiator and ostensible author of the treaty, was the statesman against whom my censure was directed, and I was certainly sincere in my belief of his great culpability. But the declaration which he afterwards made on the floor of the House, absolved him from censure on account of that treaty, and placed the blame on the majority ia Mr. Monroe's cabi- net, southern men, by whose vote he had been governed in ceding Texas and fixing the bound- ary which I so much condemned. After this authoritative declaration, I made, in my place in the Senate, the honorable amends to Mr. Adams, Which was equally due to him and to myself. The treaty was signed on the anniversary of tho birth-day of Washington, and sent to tho Senate the same day, and unanimously ratified on the next day, with the general approbation of the country, and tho warm applause of the newspaper press. This unanimity of the Senate, and applause of the press, made no impression upon me. I continued to assail the treaty and its authors, and tho more bitterly, because the official correspondence, when published, showed that this great sacrifice of territory, rivers, and proper boundaiies, was all gratuitous and volun- tary on our part — ^^that th Spanish govern- ment had offered us more than we accepted; " and that it was our policy, and not hers, which had deprived us of Texas and the large country, in addition to Texas, which lay between the Red River and Upper Arkansas. Tliis was an enigma, the solution of which, in my mind, strongly connected itself with tho Missouri controversy then raging (1819) with its greatest violence, threatening existing political parties with sub- version, and the Union with dissolution. My mind went there — to that controversy — for the solution, but with a misdirection of its applica- tion. I blamed tho northern men in Mr. Mon- roe's cabinet: the private papers of General Jackson, which have come to my hands, enable me to correct that error, and give me an inside view of that which I could only see on the out- side before. In a private letter from Mr. Mon- roe to General Jackson, dated at Washington, May 22d, 1820 — more than one year after the negotiation of tho treaty, written to justify it, and evidently called out by Mr. Clay's attack upon it — are these passages : " Having long known the repugnance with wliich the eastern portion of our Union, or rather some of those who have enjoyed its confidence (for I do not think that the people themselves have any inter- est or wish of that kind), have seen its aggran- dizement to the West and South, I have been decidedly of opinion that we ought to be content with Florida for the present, and until tho pub- lic opinion in that quarter shall be reconciled to any further change. I mention these circum- stances to show you that our difficulties are not with Spain alone, but are likewise internal, pro- ceeding from various causes, which certain men are prompt to seize and turn to the account of their own ambitious views." This paragraph 16 THIRTY YEARS' VIEW. % t' from Mr. Monroe's letter lifts the curtain which concealed the secret reason for ceding Texas — that secret which explains what was incompre- hensible — our having refused to accept as much as Spain had offered. Internal difficulties, it was thus shown, had induced that refusal; and these difficulties grew ont of ^he repugnance of leading men in the northeast m see the further aggrandizement of the Union upon the South and West. Tlus repugnance was then taking an operative form in the shape of the Missouri controversy ; and, as an inmiediate consequence, threatened the subversion of political party lines, and tlie introduction of the slavery question into the federal elections and legislation, and bring- ing into the highest of those elections— those of President and Vice-President— a test which no southern candidate could stand. The repug- nance in the northeast was not merely to terri- torial aggrandizement in the southwest, but to the consequent extension of slavery in that quar- ter; and to allay that repugnance, and to pre- vent the slavery extension question from becom- ing a test in the presidential election, was the true reason for giving away Texas, and the true solution of the enigma involved in the strange refusal to accept as much as Spain offered. The treaty was disapproved by Mr. Jefferson, to whom a similar letter was written to that sent to General Jackson, and for the same purpose — to obtain his approbation; but he who had ac- quired Louisiana, and justly gloried in the act, could not bear to see that noble province muti- lated, and returned his dissent to the act, and his condemnation of the policy on which it was done. General Jackson had yielded to the arguments of Mr. Monroe, and consented to the cession of Toxas as a temporary measure. The words of his answer to Mr. Monroe's letter were : " I am clearly of your opinion, that, for the present, we ought to be contented with the Floridas." But Mr. Jefferson would yield to no temporary views of policy, and remained inflexi- bly opposed to the treaty ; and in this he was consistent with his own conduct in similar cir- cumstances. Sixteen years before, he had been in the same circumstances — at the time of the acquisition of Louisiana — when he had the same repugnance to southwestern aggrandizement to contend with, and the same bait (J'lorida) to tempt him. Then eastern men raised the same objections j and as early as August 1803— only four months after the purchase of Louisiana- he wrote to Dr. Breckcnridgc : " Objections are raising to the eastward to the vast extent of our boundaries, and propositions are made to ex- change Louisiana, or a part of it, for the Flori- das ; but as I have said, we shall got the Flori' das without ; and I would not give one inch of the waters of the Mississippi to any foreign nation." So that Mr. Jefferson, neither in 1803 nor in 1819, would have mutilated Louisiana to obtain the cession of Florida, which he knew would be obtained without that mutilation ; nor would he have yielded to the threatening discon- tent in the east. I have a gratification that, without knowing it, and at a thousand miles from him, I took the same ground that Mr. Jef- ferson stood on, and even used his own words : " Not an inch of the waters of the Mississippi to any nation." But I was mortified at the time, that not a paper in the United States backed my essays. It was my first experience in standing " solitary and alone ; " but I stood it without flinching, and even incurred the imputation of being opposed to the administration — had to encounter that objection in my first election to the Senate, and was even viewed as an opponent by Mr. Monroe himself, when I first came to AVashington. lie had reason to know before his office expired, and still more after it expired, that no one (of the young generation) had a more exalted opinion of his honesty, patriotism, firmness and general soundness of judgment ; or would be more ready, whenever the occasion permitted, to do justice to his long and illus- trious career of public service. The treaty, as I have said, was promptly and unanimously rati- fied by the American Senate ; not so on the part of Spain. She hesitated, delayed, procras- tinated; and finally suffered the time limited for the exchange of ratifications to expire, with- out having gone through that indispensable foi-mality. Of course this put an end to the treaty, unless it could be revived ; and, there- upon, new negotiations and vehement expostula- tions against the conduct which refused to ratify a treaty negotiated upon full powers and in con- formity to instructions. It was in the course of this renewed negotiation, and of these warm expostulations, that Mr. Adams used the strong expressions to the Spanish ministry, so enigma- tical at the time, " That Spain had offered more than wo accepted, and that she dare not deny ANNO 1820. JAMES MONROE, TRESIDENT, 17 lase of Louisiana — e : " Objections are 5 vast extent of our ) are made to ez- 'f it, for the Flori- hall got the Flori- )t give one inch of >pi to any foreign on, neither in 1803 ilated Louisiana to I, which he knew at mutilation ; nor threatening discon- gratification that, a thousand miles )iind that Mr. Jef- 1 his own words : the Mississippi to tified at the time, States backed my rience in standing stood it without the imputatior* of listration — had to r first election to ed as an opponent I first came to to know before after it expired, neration) had a icsty, patriotism, if judgment; or er the occasion long and illus- The treaty, as I lanimously rati- not so on the Jayed, procras- e time limited expire, with- indispensable |an end to the d ; and, there- lent expostula- ifused to ratify Ts and in con- in the course f these warm led the strong ■y, so enigma- offered more re not deny it." Finally, after the lapse of a j'ear or so, the treaty was ratified by Spain. In the mean time Mr. Clay had made a movement against it in the House of Representatives, unsuccessful, of course, but exciting some sensation, both for the reasons he gave and the vote of some tliirty-odd mem- bers who concurred with him. This movement very certainly induced the letters of Mr. Monroe to General Jackson and Mr. Jefferson, as they were contemporaneous (May, 1820), and also some expressions in the letter to General Jack- son, which evidently referred to Mr. Clay's movement. The ratification of Spain was given October, 1820, and being after the time limited, it became necessary to submit it again to the American Senate, which was done at the session of 1820-21. It was ratified again, and almost unanimously, but not quite, four votes being given against it, and all by western senators, namely : Colonel Richard M. Johnson, of Ken- tucky ; Colonel John Will-ams, of Tennessee ; Mr. James Brown, of Louisiana, and Colonel Trimble, of Ohio. I was then in Washington, and a senator elect, though not yet entitled to a seat, in consequence of the delayed admission of the new State of Missouri into the L^nioii, and so had no opportunity to record my vote against the treaty. But the progress of events soon gave me an opportunity to manifest my opposi- tion, and to appear in the parliamentary history as an enemy to it. The case %vas this : "While the treaty was still encountering Spanish pro- crastination in the delay of exchanging ratifica- tions, Mexico (to which the amputated part of Louisiana and the whole of Texas was to be at- tached), itself ceased to belong to Spain. She established her independence, repulsed all Spa- nish authority, and remained at war. with the mother country. The law for giving effect to the treaty by providing for commissioners to nm and mark the new boundary, had not been passed at the time of the ratification of the treaty ; it came up after I took my seat, and was opposed by me. I opposed it, not only upon the grounds of original objections to the treaty, but on the further and obvious ground, that the revolution in Mexico — her actual inde- pendence — had superseded the Spanish trtaty in the whole article of the boundaries, and that it was with Mexico herself that we should now settle them. The act was passed, however, by a sweeping majority, the administration being for it, and senators holding themselves committed by previous votes ; but the progress of events soon justified my opposition to it. The country being in possession of Mexico, and she at war with Spain, no Spanish commissioners could go there to join ours in executing it ; and so the act remained a dead letter u])on the statute- book. Its futility was afterwards acknowledged by our government, and the misstep corrected by establishing the boundary with Mexico her- self. This was done by treaty in the year 1828, adopting the boundaries previously agreed upon with Spain, and consequently amputating our rivers (the Red and the Arkansas), and dis- membering the valley of the Mississippi, to the same extent as was done by the Spanish treaty of 1819. I opposed the ratification of the treaty with Mexico for the same reason that I opposed its oiiginal with Spain, but without success. Only two senators voted with me, namely. Judge William Smith, of South Carolina, and Mr. Powhatan Ellis, of Mississippi. Thus I saw this treaty, which repulsed Texas, and dismem- bered the valley of the Mississippi — which placed a foreign dominion on the upper halves of the Red River and the Arkansas — placed a foreign power and a wilderness between Mis- souri and New Mexico, and which brought a nou-slaveholding empire to the boundary line of the State of Louisiana, and almost to the southwest corner of Missouri — saw this treaty three times ratified by the American Senate, as good as unanimously every time, and with the hearty concurrence of the American press. Yet I remained in the Senate to see, within a few years, a politiciil tempest sweeping the land and overturning all that stood before it, to get back this very country which this treaty had given away ; and menacing the Union itself with dis- solution, if it was not immediately done, and without regard to conseqr.ences. But of this hereafter. The point to be now noted of this treaty of 1819, is, that it completed, very nearly, the extinction of slave territory within the limits of the United States, and that it was the work of southern men, with the sanction of the South. It extinguished or cut off" the slave territory beyond the Jlississippi, below 36 degrees, 30 minutes, all except the diagram in Arkansas, which was soon to become a State. The Mis- souri compromise line had interdicted slavery in all the vast expanse of Louisiana north of 36 18 THIRTY YEARS' VIEW. dcftrces, 30 minutes ; this treaty gave away, first to Spain, and then to Mexico, nearly all the slave territory south of that lino ; and what lit- tle was left by the Spanish treaty was assigncfl in perpetuity by laws and by treaties to different Indian tribes. These treaties (Indian and Span- ish), together with the Jlissouri compromise ]ine_a measure contemporaneous with the treaty — extinguished slave soil in all the United States territory west of the Mississippi, except in the diagram which was to constitute the State of Arkansas ; and, includmg the extinction in Texas consequent upon its cession to a non- slaveholding power, constitutcJ the largest ter- ritorial abolition of slavery that was ever effect- ed by the political power of any nation. The ordinance of 1787 had previously extinguished slavery in all the northwest territory— all the country east of the Mississippi, above the Ohio, and out to the great lakes; so that, at this moment— era of the second election of Mr. Mon- roe — slave soil, except in Arkansas and Florida, was extinct in the territory of the United States. The growth of slave States (except of Arkansas and Florida) was stopped; the increase of free States was permitted in all the vast expanse from Lake Michigan and the Mississippi River to the Rocky Mountains, and to Oregon ; and there was not a ripple of discontent visible on the sur- face of the public mind at this mighty transfor- mation of slave into free territory. No talk then about dissolving the Union, if every citizen Tras not allowed to go with all his " property," that is, all his slaves, to all the territory acquired by the "common blood and treasure" of all the Union. But this belongs to the chapter of 1844, whereof I have the material to write the true and secret history, and hope to use it with fairness, with justice, and with moderation. The outside view of the slave question in the United States at this time, which any chronicler can write, is, that the extension of slavery was then arrested, circumscribed, and confined within narrow terri- torial limits, while free States were permitted an almost unlimited expansion. That is the out- Bide view; the inside is, that all this was the work of southern men, candidates for the presi- dency, some in abeyance, some in prcesenti, and all yielding to that repugnance to territorial ag- grandizement, and slavery extension in the south- west, which Mr. Sfonroe mentioned in his letter to General Jackson as the " internal diflBculty" which occasioned the cession of Texas to Spain. This chapter is a iwint in the history of the times which will require to bo understood by all who wish to understand and appreciate the events and actors of twenty years later. CHAPTER VII. DEATH OF MR. LOWNDES. I HAD but a slight acquaintance with Mr. Lowndes. He resigned his place on account of declining health soon after I came into Congress; but all that I saw of him confirmed the impres- sion of the exalted character which the public voice had ascribed to him. Virtue, modesty, benevolence, patriotism were the qualities of his heart ; a sound judgment, a mild persuasive elo- cution were the attributes of his mind ; his man- ners gentle, natural, cordial, and inexpressibly engaging. He was cue of the galaxy, as it was well called, of the brilliant young men which South Carolina sent to the House of Represent- atives at the beginning of the war of 1812 — Cal- houn, Chcves, Lowndes ; — and was soon the brightest star in that constellation. He was one of those members, rare in all assemblies, who, when he spoke, had a cluster around him, not of friends, but of the House — members quitting their distant scats, and gathering up close about him, and showing by their attention, that each one would feel it a personal loss to have missed a word that he said. It was the attention of affectionate confidence. Ho imparted to others the harmony of his own feelings, and was the moderator as well as the leader of the House, and was followed by its sentiment in all cases in which inexorable party feeling, or some pow- erful interest, did not rule the action of the mem- bers ; and even then he was courteously and deferentially treated. It was so the only time I ever heard him speak— session of 1820-21 — and on the inflammable subject of the admission of the State of Missouri — a question on which the inflamed passions left no room for the influence of reason and judgment, and in which the mem- bers voted by a geographical line. Mr. Lowndea was of the democratic school, and strongly indi- ANNO 1822. JAMES MONROE, PRESIDENT. 19 ion of Texas to Spain, tio history of the times inderstood by all who appreciate the events later. J VII. ■OWNDES. laintanco with Mr. place on account of came into Congress; n finned the impres- 5r which the public Virtue, modesty, the gualities of his iiild persuasive clo- liis mind ; his man- and inexpressibly e galaxy, as it was young men which ouse of Ropresent- warofl812— Cal- id was soon the tion. He was one assemblies, who, around him, not nembcrs quitting ig up close about ention, that each s to have missed the attention of parted to others ?s, and was the r of the House, ent in all cases ?, or some pow- ion of the mem- ourteously and the only time of 1820-21— r the admission n on which the • the influence lich the mem- Mr. Lowndes strongly indi- cated for an early elevation to the presidency — indicated by the public will and judgment, and not by any machinery of individual or parly management — from the approach of which ho shrunk, as from the touch of contamination. He was nominated by the legislature of liis na- tive State for the election of 1824 ; but died be- fore the event came round. It was he who ex- pressed that sentiment, so just and beautiful in itself, and so becoming in him because in him it was true, "That the presidency was an office neither to be sought, nor declined." He died at the ago of forty-two ; and his death at that early age, and in the impending circumstances of the country, was felt by those who knew him as a public and national calamity. I do not write biographies, but note the death and character of some eminent deceased contemporaries, whose fame belongs to the country, and goes to make up its own title to the respect of the world. CHAPTER VIII. DEATH OP WILLIAM PINKNEY. He died at Washington during the session of the Congress of which he was a member, and of the Supreme Court of which he was a practi- tioner. He fell like the warrior, in the plenitude of his strength, and on the field of his fame — under the double labors of the Supreme Court and of the Senate, and under the immense con- centration of thought which he gave to the preparation of his speeches. He was considered in his day the first of American orators, but will hardly keep that place with posterity, be- cause he spoTie more to the hearer than to the reader — to the present than to the absent — and avoided the careful publication of his own speeches. He labored them hard, but it was for the effect of their delivery, and the triumph of present victory. He loved the admiration of the crowded gallery — the trumpet-tongued fame which went forth from the forum — the victory which crowned the effort ; but avoided the pub- lication of what was received with so much applause, giving as a reason that the published speech would not sustain the renown of the delivered one. liis forte as a speaker lay in bis judgment, his logic, his power of argument; but, like many other men of acknowledged pre- eminence in some great gift of nature, and who are still ambitious of some inferior gift, ho courted his imagination too much, and laid too much stress upon action and delivery — so potent upon the small circle of actual hearers, but so lost upon the national audience which the press now gives to a great speaker. In other respects Mr. Pinkney was truly a great orator, rich in his material, strong in his argument — clear, natural and regular in the exposition of his subject, comprehensive in his views, and chaste in his diction. His speeches, both senatorial and forensic, were fully studied and laboriously prepared — all the argumentative parts carefully digested under appropriate heads, and the showy passages often fully written out and committed to memory. He would not speak at all except upon preparation; and at sexagenarian age — that at which I knew him — was a model of study and of labor to all young men. His last speech in the Senate was in reply to Mr. Rufus King, on the Missouri question, and was the master effort of his life. The subject, the place, the audience, the antagonist, wei-e all such as to excite him to the utmost exertion. The subject was a national controversy convulsing the Union and menacing it with dissolution ; the place was the American Senate ; the audience was Europe and America; the antagonist was Princeps Senatus, illustrious for thirty years of diplo- matic and senatorial service, and for great dig- nity of life and character. He had ample time for preparation, and availed himself of it. Mr. King had spoken the session before, and pub- lished the " Substance " of his speeches (for there were two of them), after the adjournment of Congress. They were the signal guns for the ]\Iissouri controversy. It was to these published speeches that Mr. P nkney replied, and with the interval between two sessions to prepare. It was a dazzling and overpowering reply, with the prestige of having the union and the harmony of the States for its object, and crowded with rich material. The most brilliant part of it was a highly-wrought and splendid amplification (with illustrations from Greek and Roman liis- tory), of that passage in Mr. Burke's speech upon " Conciliation with the Colonies," in which, and in looking to the elements of American re- sistance to British power, be looks to the spirit 20 THIRTY YEARS' VIEW, of the slavoholding colonies as a main ingredi- ent, and attributes to the masters of slaves, who arc not themselves slaves, the highest love of libcrtj' and the most difficult task of subjection. It was the most gorgeous speech ever delivered in the Senate, and the most applauded ; but it was only a magnificent exhibition, as Mr. Pink- ney knew, and could not sustain in the reading the plaudits it received in delivery ; and there- fore ho avoided its publication. lie gave but littlo attention to the current business of the Senate, only appearing in his place when the "Salaminian galley was to bo launched," or some special occasion called him— giving his time and labor to the bar, where his pride and glory was. lie had previously served in the House of Representatives, and his first speech there was attended by an incident illustrative of Mr. Randolph's talent for delicate intimation, and his punctilious sense of parliamentary eti- quette. Mr. Pinkney came into the House with a national reputation, in the fulness of his fame, and exciting a great expectation — which he was obliged to fulfil. He spoke on the treaty- making power — a question of diplomatic and constitutional law; and he having been minister to half the courts of Europe, attorney general of the United States, and a jurist by profession, could only speak upon it in one way — as a great master of the subject; and, consequently, ap- peared as if instructing the House. Mr. Ran- dolph — a veteran of twenty years' parliamentary service — thought a new member should serve a little apprenticeship before he became an in- structor, and wished to signify that to Mr. Pinkney. He had a gift, such as man never had, at a delicate intimation where he desired to give a hint, without oflfence; and he displayed it on this occasion. He replied to Mr. Pinkney, referring to him by the parliamentary designa- tion of " the member from Maryland ; " and then pausing, as if not certain, added, " I believe he is from Maryland." This implied doubt as to where he came from, and consequently as to who he was, amused Mr. Pinkney, who under- stood it perfectly, and taking it right, went over to Mr. Randolph's seat, introduced himself, and assured him that he was "from Maryland." They became close friends for ever after ; and it was Mr. Randolph who first made known his death in the House of Representatives, intcrrupt- Dg for that purpose an angry debate, then raging, with a beautiful and apt quotation from the quarrel of Adam and Eve at their expulsion fi%m paradise. The published debates give this account of it : " Mr. Randolph rose to announce to the House an event which ho hoped would put an end, at least for this day, to all further jar or collision, hero or elsewhere, among tho members of this body. Yes, for this one day, at least, let us say, as our first mother said to our first father — * While yet we live, scarce one ^hort hour perbKpa, Between ub two lot thero be peace.' " I rise to announce to the House the not un- locked for death of a man who filled the first place in the public estimation, in the first profes- sion in that estimation, in this or in any other country. We have been talking of General Jackson, and a greater than him is, not hero, but gone for ever. I allude, sir, to the boast of Maryland, and the pride of the United States — the pride of all of us, but more particularly the pride and ornament of the profession of which you, Mr. Speaker (Mr. Philip P. Bar- bour), are a member, and an eminent one." Mr. Pinkney was kind and afiablo in his temper, free from every taint of envy or jealousy, conscious of his powers, and rv lying upon them alone for success. He was a model, as I have already said, and it will bear rejietition, to all young men in his habits of study and applicar tion, and at more than sixty years of age was still a severe student. In politics he classed democratically, and was one of tho few of our eminent public men who never seemed to think of the presidency. Oratory was his glory, the law his profession, the bar his theatre ; and his service in Congress was only a brief episode, dazzling each House, for he was a momentary member of each, with a single and splendid speech. CHAPTER IX. ABOLITION OF THE INDIAN FACTOKT SYSTEM. The experience of the Indian factory system, is an illustration of the unfitness of the federal government to carry on any system of trade, the liability of the benevolent designs of the gov- '■- .1 :i ANNO 1822. JAMES MONROE, PRESIDENT. 21 apt quotaiion from at their expulsion ed debates give this 5h rose to announce :h ho hoped would day, to all further iwhere, among tlio , for this one day, irst mother said to hort hour perbapa, poaco,' House the not un- t'ho filled the first in the first profes- lia or in any other liking of General him is, not hero, sir, to the boast the United States more particularly the profession of . Philip P. Bar- minent one." od affable in his enyy or jealousy, lying upon them nodel, as I have re])etition, to all idy and applicsr f'oars of age was itics he classed the few of our seemed to think his glory, the heatre; and his brief episode, a momentary and splendid rOET SYSTEM. ictory system, of the federal tem of trade, ;ns of the gov* I •I ernmcnt to be abused, and the difficulty of de- tecting and redressing abuses in the management ot our Indian affairs. This system originated in the year 1796, under the recommendation of President Washington, and was intended to countcnict the intiuenco of the British traders, then allowed to trade with the Indians of the United States within our limits ; olso to protect the Indians from imi)Ositlons from our own trad- ers and for that purjiose to sell them goods at cost and carriage, and receive their furs and pel- tries at fair and liberal prices ; and which being sold on occount of the United States, would de- fray the expenses of the establishment, and pre- serve the capital undiminished — to be returned to the'trcasury at the end of the experiment. The goods were purchased at the expense of the Unit- ed States — the superintendent and factors were paid out of the treasury, and the whole system was to be one of favor and benevolence to the Indians, guarded by the usual amount of bonds and oaths prescribed by custom in such cases. Being an experiment, it was first established by a temporary act, limited to two years — the usual way in which equivocal measures get a foothold in legislation. It was soon suspected that this system did not work as disinterestedly as had been expected — that it was of no benefit to the Indians — no counteraction to British traders— an injury to our own fur trade — and a loss to the United States; and many attempts were made to get rid of it, but in vain. It was kept up by continued temporary renewals for a quar- ter of a century — from 179G to 1822 — the name of Washington being always invoked to continue abuses which he would have been the first to re- press and punish. As a citizen of a frontier State, I had seen the working of the system — seen its inside working, and knew its operation to be entirely contrary to the benevolent de- signs of its projectors. I communicated all tb'S, soon after my admission to a seat in the Senate, to Mr. Calhoun, the Secretary at War, to whose department the supervision of this branch of service belonged, and proposed to him the abolition of the system ; but he had too good an opinion of the superintendent (then Mr. Thomas L. McKinney), to believe that any thing was wrong in the business, and refused his countenance to my proposition. Confident that I was right, I determined to bring the qucs- to abolish the factories, and throw oiwu the fur trade to individual enterprise, and supported the bill with all the facts and rea.suns of which I was master. The bill was carried through both Houses, and became a law ; but not with- out the strenuous opposition which the attack of every abuse for ever encounters — not that any member favored the abuse, but that those inter- ested in it were vigilant and active, visiting the members who would permit such visits, furnish- ing them with adverse statements, lauding the operation of the system, and constantly lugging in the name of Washington as its author. When the system was closed up, and the inside of it seen, and the balance struck, it was found how true all the representations were which had been made against it. The Indians had been imposed upon in the quality and prices of the goods sold them ; a general trade had been carried on with the whites as well as with the Indians; large per centums had been charged ujjon every thing sold; and the total capital of three hundred thousand dollars was lost aiid gone. It was a loss whiclj, at that time (1822), was considered large, but now (1850) would be considered small ; but its history still has its uses, in show- ing how differently from its theory a well in- tended act may operate — how long the Indians and the government may be cheated without knowing it — and how difficult it is to get a bad law discontinued (where there is an interest in keeping it up), even though first adopted as a temporary measure, and as a mere experiment. It cost me a strenuous exertion — much labor in collecting facts, and much speaking in laying them before the Senate — to get this two years' law discontinued, after twenty-five years of in- jurious operation and costly experience. Of all the branches of our service, that of the Indian affairs is most liable to abuse, and its abuses the most difficult of detection. tion before the Senate — did so- -brought in a bill CHAPTER X. INTERNAL IMPROVEMENT. The Presidential election of 1824 was ap- proaching, the candidates in the field, their re- spective friends active and busy, and popular topics for the canvass ia earnest requisition. The 22 THIRTY TEARS' VIEW. 1 h '■ H New- York canal had just been completed, and had brought groat i»oi)uliirity to itH principal ad- vocate (De Witt Clinton), and excited a great apiKstito in public men for that kind of fame. Roads and canals— moaning common turnpike, for the steam car had not then been invented, nor McAdam impressed lus name on the new class of roads which afterwards wore it— were all the vogue ; and the candidates for the Presi- dency spread their sails upon the ocean of inter- nal improvements. Congress was full of pro- jects for different objects of improvement, and the friends of each candidate exerted themselves in rivalry of each other, under the supposition that their opinions would stand for those of their principals. Mr. Adams, Mr. Clay, and Mr. Calhoun, were the avowed advocates of the mea- sure, going thoroughly for a general national system of internal improvement : Mr. Crawford and General Jackson, under limitations and qua- lifications. The Cumberland road, and the Chesa- peake and Ohio canal, were the two prominent objects discussed ; but the design extended to a general system, and an act was finally passed, in- tended to be annual and permanent, to appropri- ate igiSOiOOO to make surveys of national routes. Mr. Monroe signed this bill as being merely for the collection of information, but the subject drew from him the most elaborate and thorough- ly considered opinion upon the general question which has cvtv been delivered by any of our statesmen. It was drawn out by the passage of an act to provide for the preservation and repair of the Cumberland road, and was returned by him to the House in which it originated, with his objections, accompanied by a state paper, in ex- position of his opinions upon the whole subject ; for the whole subject was properly before Lira. The act wliich he had to consider, though mod- estly entitled for the " preservation " and " re- pair " of the ■'umberland road, yet, in its mode of accomplishing that purpose, assumed tho whole of the powers which were necessary to tho exe- cution of a general system. It passed with sin- gular unan'Tnily through both Houses, in the Senate, only seven votes against it, of which I af- terwards felt proud to have been one. He de- nied the power ; but before examining the argu- ments for and against it, very properly laid down the amount and variety of jurisdiction and authority which it would require the federal gov- ernment to exercise within the States, in order to execute a system, and that in «'ach and every part — in every mile of each and tvery canal road — it should undertake to construct. He be- gan with acquiring tho right of way, and pur- sued it to its results in the construction and pre- servation of tho work, involving jurisdiction, ownership, penal laws, and administration. Commissioners, he said, must first be appointed to trace a route, and to acquire a right to tho groimd over which the road or canal was to pass, with a sufficient breadth for each. The ground could only be acquired by voluntary grants from individuals, or by purchases, or by condemna- tion of the property, and fixing its value through a jury of the vicinage, if they refused to give or sell, or demanded an exorbitant price. After all this was done, then came the repairs, the care of which wr.s to be of perpetual duration, and of a kind to provide against criminal and wilful injuries, as well as against tho damages of acci- dent, and deterioration from time and use. There are persons in every community capable of committing voluntary injuries, of pulling down walls that are made to sustain tho road ; of breaking the bridges over water-courses, and breaking the road itself. Some living near it might be disappointed that it did not pass through their lands, and commit these acts of violence and waste from revenge. To prevent these crimes Congress must have a power to pass laws to punish tho offenders, wherever they may bo found. Jurisdiction over the road would not be sufflcient, though it were exclusive. There must be power to follow the offenders wherever they might go. It would seldom happen that the parties would be detected in the act. They would generally commit it in the night, and fly far off be- fore the sun appeared. Right of pursuit must at- tach, or the power of punishing become nugatory. Tribunals, State or federal, must be invested with power to execute the law. Wilful injuries would require all this assumption of power, and machinery of administration, to punish and pre- vent them. Repair of natural deteriorations would require the application of a different re- medy. Toll gates, and persons to collect tho tolls, were tho usual resort for repairing tliis class of injuries, and keeping the road in order. Congress must have power to make such an esta- blishment, and to enact a code of regulations for it, with fines and penalties, and agents to execute it. To all these exercises of authority tho q| may positi*! might] ment roads 1 collisii ernmel depcnc] pute. Thul practic suits, difBcul involve madc- workin argura rights, might able b; inexpec cxamin derivat power, them, I These • offices ( third, \ fourth for the the Ui ccssarj ed (en to disp gulatk perty cnumc Mr. ISl tiplicil eata catcs could single sough whicl Still : order 1. T word and( act. ANNO 1823. JAMES MONROE, TUESIDENT. S8 1 in each and every h and every canal construct. He bc- t of way, and pijr- mstruction and pro- olvinp; jiiri.sdiction, d administration, first bo appointed lire a right to the r canal was to pass, ach. The ground intary grants fiom or by condemna- 5 its vahic through refused to give or int price. 'After le repairs, the caro luil duration, and iniinal and wilful (iamages of acci- time and use. mmunity capable irics, of pulling u.stain the road ; ater-courses, and le living near it not pass through acts of violence » prevent these wcr to pass laws cr the}' may bo road would not lusivo. There iders wherever mppen that the They would id fly far off be- ursuit must at- iome nugatory, ^t be invested VVilful injuries of power, and nish and pre- deteriorations different re- to collect the 'cpairing tliis tad in order, such an esta- regulations id agents to of authority I the question of the constitutionality of the law niay be rait^ed by the i)rosccuted party. But o\)- position might not stop with individuals. States might contest the right of tlio federal govern- ment thus to ])osseH.H and to manage all the great roads ami canals within their limits; and then a collision would be brought on between two gov- ernments, each claiming to be sovereign and in- / dependent in its actions over the subject in dis- pute. Thus did Mr. Monroe state the question in its practical bearings, traced to their legitimate re- sults, and the various assumptions of power, and difflculties with States or individuals which they involved ; and the bare statement which he made — the bare presentation of the practical I working of the system, constituted a complete argument against it, as an invasion of State rights, and therefore unconsittutional, and, he might have added, as complex and unmanage- able by the federal government, and therefore inexpedient. But, after stating the question, he examined it under every head of constitutional derivation under which its advocates claimed the power, and found it to bo granted by no one of them, and virtually prohibited by some of them. These were, Jirst, the right to establish post- offices and post-roads ; second, to declare war ; third, to regulate commerce among the States ; fourth, the power to pay the debts and provide for the common defence and general welfare of the United States; Jifth, to make all laws ne- cessary and proper to carry into effect the grant- ed (enumerated) powers; sLilh, from the power to dispose of, and make all needful rules and re- gulations respecting the tirritory or other pro- perty of the United Suites. Upon this long enumeration of these claimed sources of power, Mr. Monroe well remarked that their very mul- tiplicity was an argument against them, and that eata one was repudiated by some of the advo- cates for each of the others : that these advocates could not agree among themselves upon any one single source of the power ; and that it was sought for from place to place, with an assiduity which proclaimed its non-existence any where. Still he examined each head of derivation in its order, and efFectually disposed of each in its turn. 1. The post-oflfice and post-road grant. The word " establish " was the ruling term : roads and offices were the subjects on which it was to act. And how ? Ask any number of enlight- ened citizenn, who had no connection with pub- lic affairs, and whose minds were unprejudiced, what was the meaning of the word "establish," and the extent of the grant it controls, and there would not be a dillbrence of opinion among them. They would answer that it was a power given to Congress to legalize existing roads as post routes, and existing places as post-offices — to fix on the towns, court-houses, and other places throughout the Union, at which there should be post-offices ; the routes by which tho mails should be carried ; to fix the postages to be paid ; and to protect the post-offices and mails from robbery, by punishing those who commit the offence. Tho idea of a right to lay off roads to take tho soil from the proprietor against liis will ; to establish turnpikes and tolls ; to establish a criminal code for the punishment of injuries to the road ; to do what the protection and repair of a road reciuircs : these are things which would never enter into his head. The use of the existing road would be all that would bo thought of; the jurisdiction and soil remaining in the State, or m those authorized by its legis- lature to change tho road at pleasure. 2. The war power. Mr. Monroe shows the object of ♦his grant of power to the federal gov- ernment — tho terms of the grant itself — its in- cidents as enumerated in the constitution — tho exclusion of constructive incidents — and the per- vading interference with the soil and jurisdiction of the States which the assumption of the internal improvement power by Congress would carry along with it. lie recites the grant of tho power to make war, as given to Congress, and prohi- bited to the States, and enumerates the incidents granted along with it, and necessary to carrying on war : which are, to raise money by taxes, duties, excises, and by loans ; to raise and sup- port armies and a navy ; to provide for calling out, arming, disciplining, and governing the mili- tia, when in tho service of the United States ; es- tablishing fortifications, and to exercise exclusive jurisdiction over the places granted by tho State legislatures for the sites of forts, magazines, ar- senals, dock-yards, and other needful buildings. And having shown this enumeration of incidents, he very naturally concludes that it is an exclu- sion of constructive incidents, and especially of one so great in itself, and so much interfering with the soil and jurisdiction of the States, as the federal exercise of the road-making power would 94 THIRTY YKAIW VIKW. Ix). lie fxliiliits \hv ciiomiity of this interfer- ence liy a vii'W of tlic cxU'n.sJvo fU-Id over whUh it would o|K-rntc. The L'nito*! Stntis are cjf • posed to inviision tiiroiifrh tlie wliole extent ot their Atlantic cojist (to which iniiy now 1k« add- ed seventeen de^'recs of tlie I'aoiflc const) by any Euroinan |iower with wlioin we niijilit lie cnKaRcd in war: on the nortiiern and nortli- westeni frontier, on the side of Canada, l>y Oreat Britoin. and on tlie southern by Sjiain, or any power in alliance with her. If internal im- provements are to he carried on to the full extent to which they maybe useful for military purposes, the power, as it exists, must apply to all the roads of the I'nion, there beinj; no limita- tion to it. Wherever such imiirovements may facilitate the march of troops, the tran.sjKirtation of cannon, or otherwise aid the ojicrations, or mitigate the calamities of war alon^' the coast, or in the interior, they would be useful for mili- tary purposes, ami mifiht therefore bo made. They must be coextensive with the Union. The power following lus an incident to another power can bo measured, as to its extent, by reference only to the ol)viou.s extent of the power to which it is incidental. It has been shown, after the most liberal construction of all the enumerated powers of the general government, that the ter- ritory within the limits of the respective States belonged to them ; that the I'nitcd States had no right, imder the powers granted to them (with the excejjtions specified), to any the smallest portion of territory within a State, all those powers operating on a different principle, and having their full effect without impairing, in the slightest degree, this territorial right in the States. By s[)eci(ically granting the right, us to such small portions of territory as miglit be ne- cessary for these jiurposcs (forts, arsenals, mag- azines, dock-yards and other needful buildings), and, on certain conditions, minutely and well defined, it is manifest that it was not intended to grant it, as to any other portion, for any purpose, or in any manner whatever. The right of the general government must be complete, if a right. at all. It must extend to every thing necessary to the enjoyment and protection of the right. It must extend to the seizure and condemnation of the property, if necessary ; to the punishment of the offenders for injuries to the roads and canals; to the establishment and enforcement of tolls J to the unobstructed construction, protec- tion, and pn'sorvation of the rouds. It must be a cotuplete right, to the extent above stateil, or it will be of no avail. That right do<>s not exist. .1. The commercial power. Mr. Moni-oo ar- gues that the sense in which the jmwer to regu- late commerce was understood and cxerciHed by the States, was doubtless that in which it was transferred to the T'nited States ; and then shows (hilt their regulation of commerce was by the imposition of duties and imposts ; and that it was so regulated by them (befoix) the adoption of the (iinsfitution), equally in respect to each other, and to foreign powers. The goods, and the ves- sels employed in the trade, arc the only sultjcct of regulation. It can act on none other. IIo then shows the evil out of which that grant of power grew, and which evil was, in fact, the pre- dominating cause in the call for the convention which framed the federal constitution. Each State had the right to lay duties and imposts, and exercised the right on narrow, jealous, and selfish principles. Instead of acting as a nation in regard to foreign powers, the States, individ- ually, had commenced a system of restraint upon each other, whereby the interests of foreign powers were promoted at their expense. This contracted policy in some of tlie States wa.s counteracted by others. Restraints were imme- diately laid on such commerce by the suffering States ; and hence grew np a system of restric- ti the geiil liberty and esll objects I Congrcl them (i| need fo| Ih> accc granted! gidcrcd | power and thd wouM whole Union- all othe and rest these w limited (must I United 5 for grca Other ii whose ( and cam General' to the c structioi quire, roads n dian coi tory be (with t: Athens acquirei no objc' of then ines tl within which foundc right." on an States State ' pense plicati ingfr State. havc( ty wi ANNO 1^28. JAMES MONROE, PRESinEXT. 23 "ikN. If niiiHt bo t nbovc stated, or «Iit Woes not exist. Mr. Af(j with- out it, and only ad body to its own discretion, and becomes as absorb- ing and transcendental in its scope as the " gen- eral welfare " and " common defence clauses " would be themselves. 6. The power to dispose of, and make all need- ful rules ?nd regulations resjiccting the territory or other property of the United States, This clause, as a source of power for making roads and canals within a State, Mr. Monroe disposes of summarily, as havirtg no relation whatever to the subject. It grew out of the cessions of ter- ritory which different States had made to the United States, and i elates solely to that terri- tory (and to such as has been acquired since the adoption of the constitution), and which lay without the limits of a State. Special provision was deemed necessary for such territory, the main powers of the constitution operating inter- nally, not being applicable or adequate thereto ; and it follows that this power gives no authority, and has even no bearing on the subject. Such was this great state paper, delivered at a time when internal improvement by the fede- ral government, having become an issue in the canvass for the Presidency, and ardently advo- cated by three of the candidates, and qualifiedly by two others, had an immense current in its favor, carrying mtiny of the old strict constitu- tionists along with it. Mr. Monroe stood firm, vetoed the bill which assumed jurisdiction over the Cumberland road, and drew up his senti- ments in full, for the consideration of Congress and the country. His argument is abridged and condensed in this view of it ; but his posi- tions and conclusions preserved in full, and with scrupulous correctness. And the whole paper, as an exposition of the differently understood parts of the constitution, by one among those most intimately acquainted with it, and as ap- plicable to the whole question of constructive powers, deserves to be read and studied by every student of our constitutional law. The only point at which Mr. Monroe gave way, or yielded in the least, to the tem.per of the times, was in admitting the power of appropriation — the right of Congress to appropriate, but not to apply money — to internal iinprovements ; and in that he yielded against his earlier, and, as I believe, better judgment. He had previously condemned the appropriation as well as the application, but finally yielded on this point to the counsels that beset him J but nugatorially. as appropriation without application was inoperative, and a balk to ihr> whole system. But an act was passed soon aftei for surveys— for making surveys of routes for roads and canals of general and nation- al importance, and the sum of $30,000 was ap- propriated for that purpose. The act was as carefully guarded as words could do so, in its limitation to objects of national importance, but only presented another to the innumerable in- stances of the impotency of words in securing the execution of a law. The selection of routes under the act, rapidly degenerated from national to sectional, from sectional to local, and from lo- cal to mere neighborhood improvements. Early in the succeeding administration, a list of some ninety routes were reported to Congress, from the Engineer Department, in which occurred names of places hardly heard of before outside of the State or section in which they were found. Saugatuck, Amounisuck, Pasumic, Win- nispiseogee, Piscataqua, Titonic Falls, Lake Mem- phramagog, Conneaut Creek, Holmes' Hole, Lovejoy's Narrows, Steele's Ledge, Cowhegan, Androscoggin, Cobbiesconte, Ponceaupechaux, alias Soapy Joe, were among the objects which figured in the list for national improvement. The bare reading of the list was a condemnation of the act under which they were selected, and put an end to the annual appropriations wliich were in the course of being made for these sur- veys. No appropriation was made after the year 1827. Afterwards the veto message of Presi- dent Jackson put an end to legislation upon local routes, and the progress of events has with- drawn the whole subject — the subject of a sys- tem of national internal improvement, once so formidable and engrossing in the public mind — from the halls of Congress, and the discussions of the people. Steamboats and steam-cars have superseded turnpike^ and canals ; individual en- terprise has dispensed with national legislation. Hardly a great route exists in any State which is not occupied under State authority. Even great works accomplished by Congress, at vast cost and long and bitter debates hi Congress, aud deemed eminently national at the time, have lost that character, and sunk into the class of common routes. The Cumberland road, which cost $0,070,000 in money, and was a prominent subject in Congress for thirty-four years— from 1802, when it was conceived to 183G, when it wa& abandoned to the States : this road, once so ab- i ANXO 1824. JAME3 MONROE, PRESIDENT. 27 fttive, and a balk n act was passed iking surveys of neral and nation- .«i30,000 was ap- The act was as 3uld do so, in its importance, but innumerable in- ords in securing lection of routes ed from national 3al, and from lo- vemcnts. Early n, a list of some Congress, from which occurred f before outside ich they were , Pasumic, Win- ills, Lake Mem- Holmes' Hole, Ige, Cowhegan, )nccaupechaux, objects wliich improvement. condemnation c selected, and riatious wliich for these sur- after the year ago of Presi- ;islation upon ents has with- Jject of a sys- lent, once so iblic mind — disciissions am -cars have [dividual en- 1 legislation. State which >rity. Even ress, at vast u Congress, le time, have tiie class of road, which I prominent ears— from ivhcn it wai^ mce so ab- ^_ Borbing both of public money and public atten- tion, has degenerated into a common highway, and is entirely superseded by the parallel rail- road route. The same may be said, in a less de- gree, of the Chesapeake and Ohio canal, once a national object of federal legislation intended, as its name imports, to connect the tide water of the Atlantic with the great rivers of the West ; now a local canal, chiefly used by some com- panies, very beneficial in its place, but sunk from the national character which commanded for it the votes of Congress and large appropriations from the federal treasury. Mr. Monroe was one of the most cautious and deliberate of our pub- lic men, thoroughly acquainted with the theory and the working of the constitution, his opinions upon it entitled to great weight ; and on this point (of internal improvement within the States by the federal government) his opinion has be- come law. But it does not touch the question of improving national rivers or harbors yielding revenue — appropriations for the Ohio and Missis- sippi and other large streams, being easily had when unincumbered with local objects, as shown by the appropriation, in a separate bill, in 1824, of ^75,000 for the improvement of these two rivers, and which was approved and signed by V". Alonroe. CHAPTER XI. GENERAL REMOVAL OF INDIANS. The Indian tribes in the diiferent sections of the Union, had experienced very different fates — in the northern and middle States nearly extinct — in the south and west they remained numerous and formidable. Before the war of 1812, with Great Britain, these southern and western tribes held vast, compact bodies of land in these Slates, preventing the expansion of the white settlements within their limits, and retaining a dangerous neighbor within their borders. The victories of General Jackson over the Creeks, and the territorial cessions which ensued made the first great breach in this vast Indian domain ; but much remained to be done to free the south- ern and western States from a useless and dan- gerous population — to give them the use and jurisdiction of all the territory within their limits, and to place them, in thav respect, on an equality with the northern and middle States. From the earliest periods of the colonial settle- ments, it had been the policy of the government, by successive purchases of their territory, to remove these tribes further and further to the west ; and that policy, vigorously pursued after the war with Crtat Britain, had made much progress in freeing several of these States (Ken- tucky entirely, and Tennessee almf-t) from this population, which so greatly hindered the expan- sion of their settlements and so much checked the mcrease of their growth and strength. Still there remained up to the year 1824 — the last year of Mr. Monroe's administration — large por- tions of many of these States, and of the terri- tories, in the hands of the Indian tribes ; in Georgia, nine and a half millions of acres ; in Alabama, seven and a half millions ; in Missis- sippi, fifteen and three quarter millions ; in the territory of Florida, four millions ; in the terri- tory of Arkansas, fifteen and a half millions ; in the State of Missouri, two millions and three quarters ; in Indiana and Illinois, fifteen mil- lions ; and in Michigaii, east of the lake, seveu millions. All these States and territories were desirous, and most justly and naturally so, to get possession of these vast bodies of land, generally the best within their limits. Georgia held the United States bound by a compact to relieve her. Justice to the ether States and ter- ritories required the same relief ; and the appli- cations to the federal governm nt, to which the right of purchasing Indian lands, even within the States, exclusively belonged, were incessant and urgent. Piecemeal acquisitions, to end in get- ting the whole, were the constant effort ; and it was evident that the encumbered States and ter- ritories would not, and certainly ought not to bo satisfied, until all their soil was cpen to settle- ment, and subject to their jurisdiction. To the Indians themselves it was equally essential to be removed. The contact and pressure of the white race was fatal to them. They had dwindled un- der it, degenerated, become depraved, and whole tribes extinct, or reduced to a few individuals, wherever they attempted to remain in the old States ; and could look for no other fate in the new ones. "What," exclaimed Mr Elliott, senator from Georgia, in advocating a system of general re- moval — " what has become of the immense hordes of these people who once occupied the soil of the ' i' 28 THIRTY YEARS' VIEW. M M :iiil< oI(K'r States? In New Enpland, where nnmor- oiis nnd warlike tribes once so fiercely contended for supremacy with our forefathers, but two thousand five hundred of their descendants re- main, and they are dispirited and degraded. Of the powerful leai^ue of the Six Nations, so length'^ scourge and terror of New- York, only abcat five thousand souls remain. In New Jersey, Pennsyl- vania, and Maryland, the numerous and powerful tribes once seen there, are either extinct, or so re- duced as to escape observation in any enumeration of the States' inhabitants. In Virginia, Mr. Jef- ferson informs us that there were at the com- mencement of its colonization (1007), in the com- paratively small portion of her extent which lies between the sea-coast and the mountains, and from the Potomac to the most southern waters of James River, upwards of forty tribes of Indians: now there are but forty-seven individ- uals in the whole State! In North Carolina none arc counted : in South Carolina only four hundred and fifty. While in CJeorgia where thirty years since there were not less than thirty thousand souls, there now remain some fifteen thousand — the one half having disappeared in a single generation. That many of these peoj.le have removed, and others jjcrished by the sword in the frecjucnt wars which hnve occurred in the progress of our settlements, I am free to admit. But where arc the hundreds of thousands, with t'icir descendants, who neither removed, nor were thus destroyed ? Sir, like a promontory of sand, exposed to the ceaseless encroachments of the ocean, they have been gradually wa.sting awaj' before the current of the advancing white population which set in upon them from every quiirter ; ^nd unless speedily removed beyond the influence of this cause, of the many tens of thousands now within the limits of the southern and western States, a renmant will not long be found to i)oint you to the graves of their ances- tors, or to relate the sad story of their disap- pearance from earth." Mr. Jcfierson, that statesman in fact as well as in name, that man of enlarged and compre- hensive views, whose prerogative it was to forc^ sec evils and provide against them, had long fore- seen the evils both to the Indians and to the whites, in retaining any part of these tribes within our organized limits ; and upon the first acquisi- tion of Louisiana — within three months after the tcquisitjot— proposed it for the future residence of all the tribes on the east of the Mississippi ; and his plan had been acted >i[ion in some de- gree, both by himself and his immediate succes- sor. But it was reserved for Mr. Monroe's atl- ministration to take up the subject in its full sense, to move upon it as a system, and to ac- complish at a single operation the removal of all the tribes from the east to the west side of the Mississippi— from the settled States and ter- ritories, to the wide and wild expanse of Louisi- ana. Their preservation and civilization, and permanency in their new possessions, were to be their advantages in this removal — delusive, it might be, but still a respite from impending de- struction if they remained where they were. This comprehensive plan was advocated by Mr. Cal- houn, then Secretary of War, and charged with the administration of Indian afiairs. It was a plan of incalc\ilablc value to the southern and west- ern States, but impracticable without the hearty concurrence of the northern and non-slavcholding States. It might awaken the slavery (juestion, hardly got to sleep after the alarming agitations of the Missouri controversy. The States and territories to be relieved were slaveholding. To remove the Indians would make room for the spivad of slaves. No removal could be elll'cled without the double process of a treaty and aa appropriation act — the treaty to be ratified by two thirds of the Senate, where the slave and free States were equal, and the approj)riation to be obtained from Congress, where free States held the majority of members. It was evident that the execution of the whole plan was in the liauds of the free States ; and nobly did they do their duty by the South. Some societies, and some individuals, no doubt, with very liumano motives, but with the folly, and blindness, and injury to the objects of their care which generally attend a gratuitous interference with the afiairs of others, attempted to raise an outcry, and made themselves busy to frustrate the plan ; but the free States themselves, in their federal action, and through the proper exponents of their will — their delegations in Congress — cordially con- curred in it, and faithfully lent it a helping and efficient hand. The President, Mr. Monroe, in the session 1 S24-'25, reccmmended its adoption to Congress, and asked the necessary appropria- tion to begin from the Congress. A bill was re- ported in the Senate for that puqwse, and unani- mously passed tiiat body. What is more, the treat] tribes ir States ofl ;; and Arkl \ selves, ai[ i outprevil j for the pj I the Tndiif ^ and readl > at St. Lol '■ thority, sj j ccrncd, af J that the I < They wciT i rendered I j laid for tl was foUo' • of Congr States we ci'.mbranc was an ac the bills a this grea witnessedl bcrs fron cnrrence who wisl' the State owe it to the cuUi this faith conduct i lieving tl so large i sion of i recommc of 1825, total rer assured was folic of each c ANNO 1824. JAMES MONROE, PRESIDENT. 29 f the Mississippi ; upon in some de- nimciliato succes- Jr. Monroe's a him, to the Ui acres s Congrc locatioi New ( was so saying portioi locatio ried u up wl ^500,C losses, great ' by the and h which The and w can p( "I^. ANNO 1823. JAMES MONROE, PRESIDENT. 31 rs: they added sub- t service.s and sacri- i dollars in money res of fertile land in did not pass with- le principle, not to } of republics is the required a Tacitua ! death of republics, and it belongs to ates to exhibit an emark (as they do story), and show a WW to be grateful bio to pay the debt liberties in the dis- venerable Mr. Ma- and admiration of [lis services and sa- )pposed the grants tie honesty of pur- lage wliich distin- 'e. lie said: "It at he felt himself he passage of this extent claimed for ious services of lot object to the roposed to award 1 on this ground : te, to all intents Liring our revolu- imily, taken into ery respect, on sons of the same rs were treated, >tion to us, that jeen done. That sacrifices, and service of tliis ily believe as I uii. I have no mind and body ary war, in de- las equally the ly. i\Iany na- wle great sacri- e samo cause, ion to this bill, lisagreeable to donate to hear, me of the So- nato in debate upon tho principle of the bill, or to move any amendment to it. He admitted that, when such things were done, they should be done with a free hand. It was to the prin- cip-1 of the bill, therefore, and not to the sum proposed to be given by it, that he objected." The ardent Mr. Ilaync, of South Carolina, re- poi tcr of the bill in tho Senate, replied to the objections, and first showed from history (not from Lafayette, who would have nothing to do with the proposed grant), liis advances, losses, and sacrifices in our cause. Ho had expended for the American service, in six years, from 1777 to 1783, the sum of 700,000 francs ( ^140,000 ), and under what circumstances? — a foreigner, owing us nothing, and throwing his fortune into the scale with his life, to be la- vished in our cause. He left the enjoyments of rank and fortune, and the endearments of his family, to come and serve in our almost destitute armies, and without pay. He equipped and armed a regiment for our service, and freighted a vessel to us, loaded with arms and munitions. It was not until the year 1794, when almost ruined by the French revolution, and by his ef- forts in the cause of liberty, that he would re- ceive the naked pay, without interest, of a gene- ral oflicer for the time he had served with us. He was entitled to land as one of the officers of the Revolution, and 11,500 acres was granted to him, to be located on any of the public lands of the United States. Ilis agent located 1000 acres adjoining the city of New Orleans ; and Congress afterwards, not being informed of the location, granted the same ground to the city of New Orleans. His location was valid, and he was so informed ; but he refused to adhere to it, saying that he would have no contest with any portion of the American people, and ordered the location to bv removed ; which was done, and car- ried upon ground of little value — thus giving up what was then worth $50,000, and now $500,000. These were his moneyed advances, losses, and saciificcs, great in themselves, and of great value to our cause, >)U*; perhaps exceeded by the moral cfi'oct of his example in joining us, and his influence with the king and ministry, which procured us the alliance of France. The grants were voted with great unanimity, and with the general concurrence of the Ameri- can people. Mr. Jefferson was warmly for them, giving as a reason, in a conversation with me while the grants were depending (for the bill was passed in the Christmas holidays, when I had gone to Virginia, and took the opportunity to call upon that great man), which showed his regard for liberty abroad as well as at home, and his far-seeing sagacity into future events. Ho said there would be a change in France, and Lafayette would bo at the head of it, and ought to bo easy and independent in his circum- stances, to be able to act efficiently in conducting the movement. This he said to me on Christmas day, 1824. Six years afterwards this view into futurity was verified. The old Bourbons had to retire: the Duke of Orleans, a brave general in the republican armies, at the commencement of the Revolution, was handed to the throne by La- fayette, and became the " citizen king, surround- ed by republican institutions." And in this Lafayette was consistent and sincere. He was a republican himself, but df>cmed a constitutional monarchy the proper government for Fi'ance, and labored for that form in the person of Louis XVI. as well as in that of Louis Philippe. Loaded with honors, and with every feeling of his heart gratified in the noble reception he had met in the country of his adoption, Lafayette re- turned to the country of his birth the following summer, still as the guest of the United States, and under its flag. He was carried back in a national ship of war, the new frigate Brandy- wine — a delicate compliment (in the name and selection of the ship) from the new President, Mr. Adams, Lafayette having wet with his blood the sanguinary battle-field which takes its name from the little stream which gave it first to the field, and then to the frigate. Mr. ilonroe, then a subaltern in the service of the United States, was wounded at the same time. How honorable to themselves and to the American people, that nearly fifty years afterwards, they should again appear together, and in exalted station ; one as President, inviting the other to the great repub- lic, and signing the acts which testified a na- tion's gratitude ; the other as a patriot hero, tried in the revolutions of two countries, and re- splendent in the glory of virtuous and consistent fame. 32 THIRTY YEARS' Vl.-^. 1 ri!?% CHAPTER XIII. THE TARIFF, AND AMERICAN SYSTEM. The revision of the Tariff, with a view to the protection of liomo industry, and to the estab- lishment of what was then called, " The Ameri- can System," was one of the large subjects before Congress at the session 1823-24, and was the regular commencement of tlie heated debates on that question which afterwards ripened into a serious difliculty between the federal govern- ment and some cf the southern States. The presidential election being then depending, the subject became tinctured with party politics, in which, so far as that ingredient was concerned, and was not controlled by other considerations, members divided pretty much on the line which always divided them on a question of construct- ive powers. The protection of domestic indus- try not being among tlic granted powers, was looked for in the incidental ; and denied by the strict constiuctionists to be a substantive power, to be exercised for the direct purpose of protec- tion ; but admitted by all at that time, and ever since the first tariff act of 1789, to be an inci- dent to the revenue raising power, and an inci- dent to be regarded in the exercise of that power. .Revenue the object, protection the inci- dent, had been the rule in the earlier tariffs : now that rule was sought to be reversed, and to make protection the object of the law, and reve- nue the incident. The revision, and the aug- mentation of duties which it contemplated, turned, not so much on the emptiness of the treasury and the necessity for raising money to fill it, as upon the distress of the country, and the necessity of creating a home demand for la- bor, provisions and materials, by turning a larger proportion of our national industry into the channel of domestic manufactures. Mr. Clay, the leader in the proposed revision, and the champion of the American System, expressly placed the proposed augmentation of duties on this ground ; and in his main speech upon the question, dwelt upon the state of the country, and gave a picture of the public distress, which deserves to be reproduced in this View of the wor'.'ng of our government, both as the leading argument for the new tariff, and as an exhibi- tion of a national distress, which those who were not cotcmporary with the state of thmgs which lie described, would find it difficult to conceive or to realize. Ho said : •'In casting our eyes around us, the most prominent circumstance which fixes our atten- tion and challenges our deepest regret, is the general distress which jMjrvades the whole coun- try. It is forcen ujjon us by numerous facts of the most incontestable character. It is indi- cated by the diminished exiwrts of native pro- duce ; by the depressed and reduced state of our foreign navigation ; by our diminished com- merce ; by successive unthreshcd crojjs of grain perishing in our barns for want of a market ; by the alarming diminution of the circulating medium ; by the numerous bankrujjtcies ; by a universal complaint of the want of emjjloyment, and a consequent reduction of the wages of la- bor ; by the ravenous pursuit after jiublic situa- tions, not for the sake of their honors, and the performance of their public duties, but as a means of private subsistence ; by the reluctant resort to the perilous use of paper money ; by the intervention of legislation in the delicate relation between debtor and creditor ; and, above all, by the low and depressed state of the value of almost every descrijjtion of the whole mass of the property of the nation, which has, on an average, sunk not less than about fifty per centum within a few years. This distress pervades every part of the Union, every cla.ss of society ; all feel it, though it may be felt, at dif- ferent places, in different degrees. It is like the atmosphere which siUTounds us : all must in- hale it, and none can escape from it. A few years ago, the planting interest con.soled itself with its happy exemptions from the general ca- lamity ; but it has now reached this interest also, which experiences, though with less severity, the general suffering. 1 1 is most painful to me to attempt to sketch, or to dwell on the gloom of this picture. But I have exaggerated nothing. Perfect fidelity to the original would have au- thorized me to have tlu'own on deeper and darker hues." Mr. Clay was the leading speaker on the part of the bill in the House of Representatives, but he was well supported by many able and effective speakers — by Messrs. Storrs, Tracy, John W. Taylor, from New- York ; by Messrs. Buchanan, Tcdd, Ingham, Hemphill, Andrew Stewart, from Pennsylvania ; by Mr. Louis McLane, from Delaware ; by Messrs. Buckner, F. Johnson, Letcher, Metcalfe, Trimble, White, Wickliffe, from Kentucky ; by Messrs. Camp- bell, Vance, John W. Wright, Vinton, Whittle- sey, from Oliio; Mr. Daniel P. Cook, from Illinois. I Mr.| other distrcsj emptio assum(| tribute paper i suspenl nccessi| ^ tures, I 'i of the I ^ contcsti j duties, [ J of the i facturir ANNO 1824. JAMES MONROE, PRESIDENT. 33 ch those who were te of things which lifficult to conceive imd us, the moat h fixes our attcn- )est regret, is the !s the whole coun- y numerous facts meter. It is indi- )rts of native pro- sthiccd state of our diminished com- icd crops of grain !int of a market ; )f the circulating nkriii)tcies ; by a it of employment, ' the wages of la- ifter public situa- • honors, and the duties, but as a by the reluctant 5apcr money ; by I in the delicate creditor; and, issed state of the ion of the whole ation, which has, than about fifty i. This distress n, every cla.ss of y be felt, at dif- It is like the all must in- rom it. A few consoled itself the general ca- his interest also, 1 less severity, it painful to me on the gloom rerated nothing. vould have au- >n deeper and cr on the part eprcsentatives, lany able and Storrs, Tracy, by Messrs. )hill , Andrew Mr. Louis 5srs. Buckncr, •imble. White, lessrs. Camp- iton, Wliittle- Cook, from m Mr. Webster was the leading speaker on the other side, and disputed the universality of the distress which had been described ; claiming ex- emption from it in New England; denied the assumed cause for it where it did exist, and at- tributed it to over expansion and collapse of the iiiiper system, as in Great Britain, after the long suspension of the Bank of England ; denied the necessity for increased protection to manufac- tures, and its inadequacy, if granted, to the relief of the country where distress prevailed; and contested the propriety of high or prohibitory duties, in the present active and intelligent state of the world, to stimulate industry and manu- facturing enterprise. lie said : "Within my own observation, there is no cause for such gloomy and terrifying a repre- sentation. In respect to the New England States, with the condition of which I am best acquainted, they present to me a period of very general prosperity. Supposing the evil then to be a depression of prices, and a |)artial pecuniary pressure ; the next inquiry is into the causes of that evil. A depreciated currency existed in a great part of the country — depreciated to such a degree as that, at one time, exchange between (lie centre and the north was as high as twenty per cent. The Bank of the United States was instituted to correct this evil ; but, for causes which it is not now necessary to enumerate, it did not for some years bring back the currency of the country to a sound state. In May, 1811), the British House of Commons, by an unanimous vote, decided that the resumption of cash pay- ments by the Bank of England should not be deferred beyond the ensuing February (it had tlien been in a state of suspension near twenty- five years). The paper system of England had certainly communicated an artificial value to property. It had encouraged speculation, and excited overtrading. When the shock therefore came, and this violent pressure for money acted at the siinie moment on the Continent and in England, infiated and unnatural prices could be kept up no longer. A reduction took place, which has been estimated to have been at least equal to a fall of thirty, if not forty, per cent. The depression was universal ; and the change was felt in the United States severel}', though not e(iually so in every part of them. About the time of tl.ese foreign events, our own bank system underwent a cliaiige ; mid all these causes, in my view of the subject, eoiieurred to produce the great sIkh^k which took place in our coinmeicial cities, and throngli many parts of the eouiitiy._ The yiar IiSll) was a year of nu- ineroiis Ihiluivs, and \erv eoiisidrrable distress, iind would have I'liriiislR'd I'ar I'uiter grounds thiui exist at present lor tlint gloomy ivpresen- tatiou wiiich has bji n presented. J\lr. Speaker Vol. I.— 3 (Clay) has alluded to the strong inclination which exists, or has existed, in various parts of the country, to issue paper money, as a proof of great existing difficulties. I regard it rather as a very pi-oductivc cause of those difficulties ; and wo cannot fail to observe, that there is at this moment much the loudest complaint of distress precisely where there has been the greatest at- tempt to relieve it by a system of paper credit. Let us not suppose that wo are big inning the protection of manufactures by duties on imports. Look to the history cf our laws; look to the prc.'?ent state of our laws. Consider that our whole revenue, with a trilling exception, is col- lected from the custom-house, and always has been ; and then say what propriety there is in calling on the government for i)rotection, as if no protection had heretofore been afforded. On the general question, allow me to ask- if tho doctrine of prohibition, as a general doctrine, bo not preposterous? Supj)o.se all nations to act upon it : they would be prosperous, then, accord- ing to the argument, precisely in the proportion in which they abolished intercourse with one another. The best apology for laws of prohibi- tion and laws of monopoly, will bo found in that state of society, not only unenlightened, but sluggish, in which they are most generally cs- t.ablished. Private industry in those days, re- quired strong provocatives, which government was seeking to administer by these means. Something was wanted to actuate and stimulate men, and the prospects of .such jjiolits as would, in our times, excite unbounded competition, would hardly move the sloth of former ages. In some instances, no doubt, these laws produced an eflect which, in that period, would not have taken place without them. (Instancing the pro- tection to the English woollen manufactures in the time of the Henrys and the Edwards). But our age is wholly of a ditlercnt character, and its legislation takes another turn. Society is full of excitement : competition comes in place of monopoly ; and intelligence and industry ask only for fair play and an open field." AYith Mr. Webster were numerous and able speakers on the side of free trade : From his own State, Mr. Baylies ; from New- York, Mr. Cambreling ; from Virginia, Messrs. Randolph, Philip P. Barbour, John S. Barbour, Garnet, Alexander Smythe, Floyd, Mercer, Archer, Ste- venson, Rives. Tucker, Mark Alexander ; from North Carolina, Messrs. Manguin, Saunders, Spaight, Lewis Williams, Burton, Wcldon N. Edwards ; from South Carolina, Messrs. Mc- Dufile. .lames Hamilton, Poin.sett ; from Geor- gia, Messrs. Forsyth, Tatnall, Cuthbert, Cobb;. fiom Tennessee. Messrs. Blair, Isaaks, Reynolds; from Louisiaiiii Mr. Edward Livingston; from Alabama, !Mr. Owen ; from ^laryland, Mr.. 84 THIRTY YEARS' VIEW. Warficld; from Jlississippi, Jlr. Christopher Rankin. The bill was. carried in the House, after a pro- tracted contest of ten weeks, by the lean majority of five — 107 to 102— onl," two members absent, and the voting so zealous that several members were brought in upon their siek couches. In the Senate the bill encountered a strenuous resist- ance. Mr. Edwaid Lloyd, of Maryland, moved to refer it to the committee on finance — a motion considered hostile to the bill; and which was lost by one vote— 22 to 23. It was then, on the motion of Mr. Dickerson, of New Jersey, referred to the committee on manufactures j a reference deemed favorable to the bill, and by which com- mittee it was soon returned to the Senate with- out any proposed amendment. It gave rise to a most earnest debate, and many propositions of amendment, some of which, of slight import, were carried. The bill itself was carried by the small majority of four votes — 25 to 21. The principal speakers in favor of the bill were: Messrs. Dickerson, of New Jersey ; D'Wolf, of Rhode Island ; Holmes, of Maine ; R. M. John- son, ofKentucIvy ; Lowrie, of Pennsylvania ; Tal- bot, of Kentucky ; Van Buren. Against it the principal speakers were : Messrs. James Barbour and John Taylor, of Virginia (usually called John Taylor of Caroline) ; Jlessrs. Branch, of North Carolina; Ilayne, of South Carolina^ Henry Johnson and Josiah Johnston, of Louisi- ana ; Kelly and King, of Alabama ; Rufus King, of New- York ; James Lloyd, of JIassachusetts ; Edward Lloyd and Samuel Smith, of Maryland ; ^lacon, of North Carolina ; Van Dyke, of Dela- ware. The bill, though brought forward avow- edly for the protection of domestic manufactures, was not entirely supported on that ground. An increase of revenue was the motive with some, the public debt being still near nmety millions, and a loan of five millions being authorized at that session. An increased protection to the pro- ducts of several States, as lead in Missouri and Illinois, hemp iu Kentucky, iron in Pennsylvania, wool in Ohio and New- York, commanded many votes for the bill ; and the impending presidential election had its influence in its favor. Two of the candidates, Messrs. Adams and Clay, were avowedly for it; General Jackson, who voted for the bill, was for it, as tending to give a home supply of the articles necessary in time of war, Mr. Crawford was opposed to it ; and Mr. Cal- houn had been withdrawn from the list of presi- dential candidates, and become a candidate for the Vice-Presidency. The Southern planting States were extremely dissatisfied with the pasB- age of the bill, believing that the new burdens upon imports which it imposed fell upon the producers of me exports, and tended to enrich one section of the Union at the expense of another. The attack and support of the bill took much of a sectional aspect ; Virginia, the two Carolinas, Georgia, and some others being nearly unanimous against it. Pennsylvania, New- York, Ohio, Kentucky being nearly unani- mous for it. Massachusetts, which up to this time had a predominating interest in commerce, voted all, except one member, against it. With this sectional aspect, a tariff" for protection also began to assume a political aspect, being taken under the care ol the party since discriminated as Whig, which drew from Mr. Van Buren a sagacious remark, addressed to the manufactur- ers themselves ; that if they suffered their inter- ests to become identified with a political party (any one), they would share the fate of that party, and go down with it whenever it sunk. Without the increased advantages to some States, the pendency of the presidential election, and the political tincture which the question began to receive, the bill would not have passed — so difficult is it to prevent national legislation from falling under the influence of extrinsic and acci- dental causes. The bill was approved by Mr. Monroe — a proof that that careful and strict constructionist of the Constitution did not con- sider it as deprived of its revenue character by the degree of protection which it extended. CHAPTER XIV. THE A. B. PLOT. On Monday, the 19th of April, the Speaker of the House (Mr. Clay) laid before that body a note just received from Ninian Edwards, Esq., late Senator in Congress, from Illinois, and then Minister to Mexico, and then on his way to his post, requesting him to present to the House a and as raising revenue to pay the public debt, communication which accompanied the note, and ■ which cl - Socretar ', ford. ; through I dcnsed i accusatio and dcclf if the lb) communi bcrs of I A. B., of I be the i received f printed ■ j tiousnnd I tlicn a pr 3 and the I f ^ House, w I Washing J defeat hi f shared th I sunk int( I had it ii( f House (th i call for in f over, did I vcstigatio ■J of Congn ment; tb the charg( them mm relating t( banks, 'i was, that session, b tion won done to J! unanswei so imposi of Congn the necesi of Virgin communi pointed t be cmpo\ to adraini it to the journme before ; a was gran was mO! speaker ( ANNO 1824. JAMES MONROi; PRESIDENT. 85 I it ; and Mr. Col- li the list of presi- a candidate for iouthern planting led with the pass- the new burdens ed fell upon the tended to enrich the expense of pport of the bill ;ct ; Virginia, the line others being Pennsylvania, ing nearly unani- vhich up to this •est in commerce, igainst it. With r protection also lect, being taken ice discriminated [r. Van Buren a tho manufactur- rered their inter- a political party the fate of that licncver it sunk. |s to some States, al election, and [uestion began lavc passed — so egislation from trinsic and acci- )proved by Mr. cful and strict )n did not con- character by extended. [V. ic Speaker of that body a Idwards, Esq.. nois, and then lis way to his the House a the note, and which charged illegalities and misconduct on the Secretary of the Treasury, Mr.William 11. Craw- iford. The charges and specifications, spread tliroui^h a voluminous communication, were con- : Sensed at its close into six -regular heads of ' accusation, containing matter of imjwachment ; i nnd declaring them all to be susceptible of proof, ; if the House would order an investigation. The I communication was accompanied by ten num- bers of certain newspaper publications, signed A. B. of which Mr. Edwards avowed himself to I bo the author, and asked that they might be received as a part of bis communication, and printed alrng with it, and taken as the specifica- tions '.mdcr the six charges. Mr. Crawford was then a prominent candidate for the Presidency, and the A. B. papers, thus communicated to the House, were a series of publications made in a AVashington City paper, during the canvass, to defeat his election, and would doubtless have shared tho \isual fate of such publications, and sunk into oblivion after the election was over, had it not been for this formal appeal to the House (the grand inquest of the nation) and this ftill for investigation. The communication, how- ever, did not seem to contemplate an early in- vcstio'ation, and certainly not at the then session of Congress. Congress was near its adjourn- ment ; the accuser was on his way to Mexico ; the charges were grave ; the specifications under them numerous and complex ; and many of them relating to transactions with the remote western banks. The evident expectation of the accuser was, that the matter would lie over to the next session, before which time the presidential elec- tion would take place, and all the mi.schief be done to Mr. Crawford's character, resulting from unanswered accusations of so much gravity, and so imposingly laid before the impeaching branch of Congress. Tho friends of Mr, Crawford saw thenecessity of immediate action ; and Mr. Floyd, of Virginia, instantly, upon the reading of the communication, moved that a committee be ap- pointed to take it into consideration, and that it be empowered to send for persons and papers — to administer oaths — take testimony — and report it to the House ; with leave to sit after the ad- journment, if the investigation was not finished before ; and publish tlieir report. The committee was granted, with all the powers asked for, and was most unexceptionably composed by the speaker (Mr. Clay) ; a task of delicacy and re- sponsibility, the Speaker being himself a candi- date for the Presidency, and every member of tho House a friend to some one of the candidates, in- cluding the accused. It consisted of Mr. Floyd, the mover ; Mr. Livingston, of Louisiana ; Mr. Web- ster, of JLas.sachusetts ; Mr. Randolph, of Virgi- nia ; Mr. J. W. Taylor, of New-York ; Mr. Duncan McArthur, of Ohio ; and Mr. Owen, of Alabama. The sergeant-at-arms of the House was imme- diately dispatched by 'ho committee in pursuit of Mr. Edwards : overtook him at fifteen hun- dred miles ; brought him back to Washington ; but did not arrive until Congress had adjourned. In the mean time, the committee sat, and received from Mr. Crawford his answer to the six char- ges: an answer pronounced by Mr. Randolph to be " a triumphant and irresistible vindication ; the most temperate, passionless, mild, dignified, and irrefragable exposure of falsehood that ever met a base accusation ; and without one harsh word towards their author." This was the true character of the answer ; but Mr. Crawford did not write it. He was unable at that time to write any thing. It was written and read to him as it went on, by a treasury clerk, familiar with all the transactions to which the accusa- tions related — Mr. Asbury Dickens, since secre- tary of the Senate. This Mr. Crawford told himself at the time, with his accustomed frank- ness. Ilis answer being mentioned by a friend, as a proof that his paralytic stroke had not af- fected his strength, he replied, that vres no proof — that Dickens wrote it. The committee went on with the case (Mr. Edwards represented by his son-in-law, Mr. Cook), examined all the evidence in their reach, made a report unanimously con- curred in, and exonerating Mr. Crawford from every dishonorable or illegal imputation. The report was accepted by the House; but Mr. Edwards, having far to travel on his return journey, had not yet been examined ; and to hear him the committee continued to sit after Con- gress had adjourned. He was examined fully, but could prove nothing; and the committee made a second report, corroborating the former, and declaring it as their unanimous opinion — the opinion of every one present — " that nothing had been proved to impeach the integrity of the Secretary, or to bring into doubt the general correctness and ability of his administration of the public finances." The committee also reported all the testimony 36 THIRTY YEARS' VIEW. WH . I taken, from which it appeared that Mr. TliUvarda himself had contrndictcd all the aecwsiitioiis in the A. B. papers; had denied the niitlioislii|) of them ; ha| vicq ANNO 1824. JAMES MONROE, PRESIDENT. 37 ntcRritv nntl pro- IIo (Mr. Noble) ation to any body f (he) was inform- ' wa.s prt'scnted to On that evening, members of tho fr. Keitl and Mr. at Governor Ed- io tho author of ttd not done so, I lisiinderHtood the lad pledged his author of A. B." lis denials, whilo )f all authorship hem, the editors -friends to Mr. 1 at their o£9ce had been there iinself from tho o earnestly that dished a contra- i in their pajwr, lason " to know ?se publications, id, was his own od visit to their [hat lie called a th them on the absence of all to the accusa- committce re- sly in favor of the country his commi.s* (deral political the A. B. plot, for a year with and which as the current Its of a Presi- >r their formal round of im- That com- ics," and their > our parlia- beconios one s the province in which tho edited by a le war Secre- injury of that in any State i 4 i CH APT Kit XV. AMKNPMENT OF THE CONSTITUTION IN RELA- Tioy TO THE ELECTION OF PKE8II)E\'.' AND VIOErUESIDENY. Ei'noi'KAN writers on American affairs are full of iiiistakes on the working of our government ; and these mistakes are generally to the prejudice of the democratic element. Of these mistakes, and in their ignorance of the ditlerence between the theory and the working of our system in the election of the two first officers, two eminent French writers are striking instances: Messrs. de Tocqueville and Thiers. Taking the working and the theory of our government in this par- ticular to be the same, they laud the institution of electors, to whom they believe the whole power of election belongs (as it was intended) ; — and hence attribute to the superior sagacity of these electors the merit of choosing all the eminent Piesidents who have adorned the presi- dential chair. This mistake between theory and practice is known to every body in America, and should be known to enlightened men in Europe, who wish to do justice to popular government. The electors have no practical power over the election, and have had none since their institu- tion. From the beginning they have stood pledged to vote for the candidates indicated (in the early elections) by the public will; after- wards, by Congress caucuses, as long as those caucuses followed the public will ; and since, by assemblages called conventions, whether they follow the public will or not. In every case the elector has been an instrument, bound to obey a particular impulsion ; and disobedience to which would be attended with infamy, and with every penalty which public indignation jouIu inflict. From the beginning these electors have been useless, and an inconvenient intervention be- tween the people and the object of their choice ; and, in time, may become dangerous : and being useless, inconvenient, and subject to abuse and danger ; having wholly failed to answer the pur- pose for which they were instituted (and for which purpose no one would now contend) ; it becomes a just conclusion that the institution should be abolished, and the election committed to the direct vote of the people. And, to obvi- ate all excuse for previous nomin ition"; by inter- mediate bodies, a second ektlion to be held forthwith betwien the two hi^rliest or leading candidates, if no one had had a majority of tho whole number on the tirst trial. These are not new ideas, born of a spirit of change and innova- tion ; but old doctrine, advocated in the conven- tion which framed the Constitution, by wise and good men ; by Dr. Franklin and others, of Penn- sylvania; by John Dickinson and others, of Delaware. But the opinion prevailed in the convention, that the mass of the i)eoiilo would not be sufliciently informed, discreet, and tem- perate to exercise with advantage so great a privilege as that of choosing the chief magistrate of a great republic ; and hence tho institution of an •ntermediate body, called the electoral col- lege — its members to be chosen by the people — and when assembled in conclave (I use the word in the Latin sense of co)i and liaris, imder key), to select wlumisoever they should think proper for President and Vice-President. All this scheme having failed, and the people having taken hold of the election, it became just and regular to attempt to legalize their acquisition by securing to them constitutionally tho full enjoyment of the rights which they imperfectly exercised. The feeling to this elTcct beciime strong as the election of 1824 approachetl, when there were many candidates in the lield, and Congress caucuses fallen into disrepute ; and several attempts were made to obtain a consti- tutional amendment to accomplish the purpose. Mr. McDuffie, in the House of Representatives, and myself in the Senate, both proposed such amendments ; the mode of taking the direct votes to be in districts, and the persons receiving the greatest number of votes for President or Vice-President in any district, to count one vote for such office respectively ; which is nothing but substituting the candidates themselves for their electoral representatives, while simplifying tho eleci on, insuring its integrity, and securing the rights of the people. In support of my proposition in the Senate, I delivered some ar- guments in the form of a speech, from which I here add some extracts, in the hope of keeping the question alive, and obtaining for it a better success at some future day. "The evil of a want of uniformity in the choice of presidential electors, is not limited to its disfiguring effect upon the face of our gov- THIRTY YEARS' VIEW. »l ' . '•I crnmcnt, but pocs to cnilnnRiT the rijjhts of the pt'oplo, by jHTiiiittin^ siidili'ii iiItonitmiiH on the eve of an cloction, luid to iiimihiliite the right of the snmll States, hy ennhliiig the Inrge ones to combine, ami to throw all their votes into the Bcnie of a particular cnndiilute. Tl-.se ohvioii.s evils make it certain that iiiii/ uiiifurni nth' wouhl be preferable to the j)resent state of things. But, in fixing on one, it is the (hity of statesmen to select that \viiicl\ is calculated to ffivo to every portion of the I'nion its due shore fei the ciioice of the Chief Magistrate, and to every individual citizen, a fair opiwrtunity of voting according to his will. This would be effected by adopting the Distrirf S^sfnii. It would divide every State into districts, equal to the whole number of votes to be given, and the pople of each district would be governed by Its own majority, and not by a majority existing in some remote part of the State. This would be agreeable to the rii,'hts of individuals : for, in entering into society, and submitting lo be boimd by the decision of the majority, each individual retained the right of voting for himself wherever it was practicable, and of being governed by ft majority of the vicinage, and not by majorities brought from remote sections to overwhelm him with their accumulated numbers. It would be agreeable to the intrretilit of all parts of the States ; for each State may have ditl'eR'nt inter- ests in ditferent parts ; one part may be agricul- tural, another manufacturing, another commer- cial ; and it would be unjust that the strongest should govern, or that two .should combine and sacrifice the third. The district .system would be agreeable to the intent ii>ii of our present con- stitution, which, in giving to each elector a sepa- rate vote, instead of giving to each State a con- solidated vote, composed of all its electoral suffrages, clearly intended that each mass of persons entitled to one elector, should have the right of giving one vote, according to their own sense of their own interest. " The general ticket system now existing in ten States, was the ofTspring of policy, and not of any disposition to give fair play to the will of the people. It was adopted by the leading men of those States, to enable them to consolidate the vote of the State. It would be easy to prove this by referring to facts of historical notoriety. It contributed to give power and consequence to the leaders who manage the elections, but it is a departure from the intention of the constitution ; violates the rights of the minorities, and is at- tended with many other evils. The intention of the constitution is violated, because it was the intention of that instrument to give to each mass of persons, entitled to one elector, the power of giving an electoral vote to any candidate they preferred. The rights of minorities arc violated, because a majority of one will carry the vote of the whole State. This principle is the same, whether the elector is chosen by general ticket or by legislative ballot j a majority of o)(e, in cither ca.se, carries the vote of the whole Slate. In New-York, tliirty-six electors are chosen ; nineteen is a majority, and the candidate receivin;; this majority is fairly entitled to count nineteen votes ; but ho counts in reality, thirty -six : be- cause the minority of seventeen are added to tht majority. These seventeen votes belong to .seven- teen masses of people, of 40,000 souls each, in all ti80,000 people, whose votes are seized upon, taken away, and pn-sented to whom the nuijority pleases. Extend the calculation to the seventeen States now choosing electors by general ticket or legislative ballot, and it will sliow that three millions of .souks, a population eejual to that which carried us through the Revolution, may have their votes taken from them iu the same way. To liMe their votes, is the fate of all mi- norities, and it is their duty to submit ; but this is not a case of votes lout, but of votes tulan awdij, added to tliose of the majority, and given to a person to whom the minority was ojjposed. " lie said, this objection (to the direct vote of the people) had a weight in the year 1787, to which it is not entitled in the year 1824. Our govern- ment was then young, schools and colleges weii scarce, political science was then confined to few, and the means of diftusing intelligence weiv both inadequate and uncertain. The exjjeriment of a popular government was just beginning; the people had been just relea.sed from subjection to an hereditary king, and were not yet practised in the art of choo.sing a temporary chief for themselves. But thirty-.six years have reversed this picture. Thirty-six years, which have \)\o- dnced so many womlerful changes in America. have accomplished the work of many centuries upon the intelligence of its inhabitants. Within that period, .schools, collcge-s, and universities have multiplied to an amazing extent. The moans of (UfTusing intelligence have been won- derfully augmented by the establishment of six hundred newspapers, and upwards of five thou- sand post-offices. The whole course of an Amer- ican's life, civil, social, and religiou.s, has become one continued scene of intellectual and of moral improvement. Once in every week, more than eleven thousand men, eminent for learning and for piety, perform the double duty of amending the heart.s, and enlightening the understandings, of more than eleven thousand congregations of people. Under the benign influence of a free government, both our public institutions and pri- vate pursuits, our juries, elections, courts of jus- tice, the liberal professions, and the mechanic arts, have each become a school of political sci- ence and of mental improvement. The federal legislature, in the annual message of the Presi- dent, in reports from heads of departments, and committees of Congress, and speeches of mem- bers, pours forth a flood of intelligence which carries its waves to the remotest confines of the republic. In the different States, twenty-four State executives and State legislatures are annu- ally reJ limited F ling, iinl though! geiice o| The facl grand il the hull Less til lilwrtyj moral ■ power rules til gence tf nrefernil ANNO 18z4. JAMEa MONROE, I'RKSIDENT. 39 the wliole Stato. ors are chosen ; indidntp ri-cciviii;; to count niiietocii y, tliirty-NJx : bo- aiu added to tlit s belonj; to seven- Hoiila oacli, in all irc seized upon. Jiorn the majority 1 to the seventeen by general ticket show timt three ti equal to that Piovolution, nuiy hem in the siiine ic fate of all nii- uhmit ; but this t of votes tahn ! majority, and \o minority was fio direct vote of ur 1787, to wliich 4. Our j;overii- iid colleges weii confined to few, gcnce wci-e bolii experiment of a beginning; the )m sulyection to >t yet practised lorary chief for ■s have reversed vhici) have pio- in America, liny centuries ants. Within universities extent. The ave been won- hment of six of five thou- •se of an Amer- s, has becomi? and of moral ■ek, more than learning and of amemling nderstanding's, negations of nee of a free itions and pri- courts of jus- the mechanic f political sci- The federal ! of the Presi- artments, and ches of mem- igence which onfines of tho twenty-four ires are anna- tes niii nd lis ally repeating the same j.rocess within a more limited sphere. The habit of universal travel- ling, and the practice of imiversal interchange of thought, are contiutuilly circulating the intelli- gence of the country, and augmenting its nui.ss. The face of our country it.self, its vast extent, its grond and varied features, contribute to expand the human intellect, and to magnify its power. I,es« than half a century of the enjoyment of liberty has given practical evidence of the great moral truth, that, under a free government, the iiower of the intellect is the only power which rules tlKJ allairs of men ; and virtue and intelli- gence the only durable passports to honor and prwTcrment. The conviction of this great truth has created an universal taste for learning and for rewling, and luus convinced every parent that tho endowments of the mind, and the virtues of the heart, are the only imperishable, the only j inestimable riches wliich ho can leave to his posterity. "This objection (the danger of tumults and violence at the elections) is taken from the his- tory of the ancient republics ; from the tumultu- ary elections of Rome and Greece. But the justness of the example is denied. There is no- i thing in the laws of physiology which admits a I parallel between the sanguinary Koinan, the I volatile Greek, and the phlegmatic American. I There is nothing in the stato of the respective countries, or in their manner of voting, wliich makes one an exam|)le for the other. Tli llo- mans voted in a mass, at a single voting place, even when the qualified voters amounted to mil- lions of persons. They came to tlic polls armed, and divided into classes, and voted, not by heads, but by centuries. In the Grecian Kepublics all the voters were brought together in one great city, and decided the contest in one great strug- gle. In such ass imblagcs, both the inducement to violence, and the means of committing it, were prepared by the government itself In the Uni- ted States all this is different. The voters are assembled in small bodies, at innumerable voting places, distributed over a vast extent of country. They come to the polls without arms, without odious distinctions, without any temptation to violence, and with every inducement to harmonj'. If heated during the day of election, they cool off upon returning to their homes, and resuming their ordinary occupations. '■ But let us admit the truth of the objection. Let us admit tliat the American people would be as tumultuary at their presidential elections, as were the citizens of the ancient republics at tho election of their chief magistrates. AVhat then? Arc we thence to infer the inferiority of the ofHcers thus elected, and the consequent degradation of the countries over which they presided ? I answer no. So far from it, that I assert the sujieriority of these ofiicers over all others ever obtained for the same countries, either by hercditaiy succession, or the most se- lect mode of election. I alDrm those periods of history to be the most glorious in arnu, tho most renowned in arts, the most celebrated in letters, the most useful in practice, and the most happy in the condition of the jieople. in which the whole boily of the citizens voted direct for the chief odicer of tluir country. Take tho liislory of that commonwealth which yet shines as tho leading star in the firmament of nationn. Of tho twenty-live centuries that the Roman state luus existed to what jieriod do wo look for tho generals ami statesmen, the poets and ora- tors, the philosophers and historians, the sculj)- tors. painters, and architects, whoso immortal works have fixed upon their country the admir- ing eyes of all succeeding ages ? Is it to tho reigns of the seven first kings ? — to tho rtigns of the emperors, proclaimed by the pra}torian bands ? — to the reigns of the Sovereign Pontifls, chosen by a select body of electors in a conclave of most holy cardinals ? No — Wo look to none of these, but to that short interval of four cen- turies and a half which lies between the expul- sion of tho Tarquins, and tho ic-establishment of monarchy in the person of Octavius Caesar. It is to this short period, during which tho con- suls, tribunes, and pnetors, were a^inuallj' elected by a direct vote of the people, to which wc look ourselves, and to which wc direct tlii' infant minds of our children, for all tho works and monuments of Roman gn itness ; for roads, bridges, and aqneducts, co structed ; for victo- ries gained, nations vanquiihcd, commi rcc ex- tended, treasure imported, libraries founded, learning encouraged, tho arts flourishing, tho city embellished, and tho kings of the earth humbly suing to be admitted into the friendslrp, and taken under tho protection, of tho Rom, n people. It was of this magnificent period that Cicero six)ke, when he proclaimed the people of Rome to bo the masters of kings, and the con- querors and commanders of all the nations of tho earth. And, what is wonderful, during this whole period, in a succession of four hundred and fifty annual elections, tho people never onco preferred a citizen to the consulship who did not carry the prosperity and the glory of the Re- public to a point beyond that at which he had found it. '•It is the same with the Grecian Republics. Thirty centuries have elapsed since they were founded ; yet it is to an ephemeral period of one hundred and fifty years only, the period of popu- lar elections which intervened between the dis- persion of a cloud of petty tyrants, and tho coming of a great one in the person of Philip, king of Macedon, that we are to look for that galaxy of names which shed so much lustre upon their country, and in which we are to find tho first cause of that intense sympathy which now burns in our bosoms at the name of Greece. '" These short and brilliant periods exhibit the great tiiumph of popular elections; often tu- multuary, often stained with blood, but always ending gloriously for the country. Then the 40 TIIIRTV YEARS' VIi:W. A I i' r'^ht of ,suffrii!:;e was cnjojctl ; the sovereignty of tl.^ people was no fiction. Then a sub'iine spectacit was seen, when the Roman citizen advanced to 'he polls and proclaimed : ' / cole for Onto to i e Consul ; ' the Athenian. ' / vote for Aristides to be Archon ; ' the Thcbnn, ' / vote for Pelopidaa to he Beentrach;^ the Lace- demonian, ' / vote for Leoniilaa to bn fird of the Ephori.' And why may not an American citizen do the same ? Why may not he go np to the poll and i.roclaim, ' / ro/D Mr. McDutUo's pr»i)osition. the liberties of the people. They arc not u.seful, because they have no power over their own vote, and because liie people can vote for a President as easily as they can vote for an elector. They are dangerous to the liberties of the people, be- cause, in Ihcfrst place, they introduce extrane- ous considerations into the election of President ; ard, in thf! second place, they may sell the vote which is intrusted to their keeping. They in- troduce extraneous considerations, by bringing their own character and their own exertions into the presidential canvass. Every one sees this. Candidates ior electors are now .selected, not for tlie reasons mentioned in the Federalist, but for their devotion to a particular party, for their uin]nier.s, and their talent at electioneering. The cloclor may betray the liberties of the peo- ple, by selling his vote. The operation is easy, because he votes by ballot ; detection is impos- sible, because lie does not sign his vote; the restraint is nothing but his own conscience, for there is no legal punishment for his breach of trust. If a sv, indler defrauds you out of a few dollars in property or money, he is whipped and pilloried, &nu rendered infamous in the eye of the law , but, if <-.n elector should defraud 40,000 peo) lo of their vote, there is no remedy but to abuse him in the newspapers, where the best men in the country may be abused, as much as Benedict Arnold, or Judas Iscariot. Every reason for instituting electors has failed, and every consideration of prudence requires them to be discontinued. They are nothing but agents, in a case which requires no agent ; and no prudent man would, or ought, to employ an ageui to take care of his money, his property, :)V his libcity, when he is equally capable to t.n' i^ ?are of them himself. '• r.i:t. if the plan of the constitution had not failed — if we were now deriv ng from electors ;\11 the advantages exjiected from their institu- tion — I. for one, said Jlr. B., woidd still be in Aivor of gettinji rid of them. I should esteem the incorruptibility of the people, their disintc- re.aed desire to get the best man for P."esident, to be more than a m their iustitu- ould still be in [ should esteem lie. tlair disintc- n for P."esi(lent, all tbe advan- om the superior ?(1, but smaller, l>ody. r should of electors, be- cting a man to le sj.irit of the election its(>lf. introduced into of softening tiie it; but it also le in the result s them at too icrvant. It in- the people anil 'ives a false di- ssident elected. ! electors who and not to tho people, who gave their votes to the electors. It enables . few men to govern many, and, in time, it will transfer t)ie whole power of the election into the hauda of a few, leaving to the people the humble occupation of confirming what has been done by superior authority. " Mr Benton referret' to historical examples to prove the correctness of bis opinion. '• He mentioned the constitution of the French Rcpiiblic, of the year III. of French liberty. Tlie people to choose electors ; those to choo.se the Councils of Five Hundred, and of Ancients ; and these, by a further process of filtration, to choose the Five Directors. The effect was, that the people had no concern in the election of their Chief Magistrates, and felt no interest in their fate. They saw them enter and expel each other from the political theatre, with the same indifference with which they would see the entrance and the exit of so many players on the stage. It wps the same thing in all the subal- tern Republics of which the French armies were delivered, while overturning the thrones of Eu- rope. The constitutions of the Ligurian, Cisal- pine, and Parthenopian Republics, were all duplicates of the mother institution, at Paris ; and all shared the same fate. The French con- sular constitution of the year VIII. (the last year of French liberty) preserved all the vices of the electoral system ; and from this fact, alone, that profound observer, Nkckar, from the bo.som of his retreat, in the midst of the Alps, predicted and proclaimed the death of Liberty in France. He wrote a book to prove that 'Liberty would be ruined bv providing •.NV KIND OF SUBSTITUTE FOR l'0FtJj.AR ELEC- TIONS : ' and the result verified his prediction in four years." CHAPTER XVI. INTERNAL TRADE "^VITII NEW MEXICO. The name of Mexico, the synonyme of gold and silver mines posser,sed always an invincible ?hann for the people of the western States. Guarded from intrusion by Spanish jealousy and despotic power, and imprisonment for life, or labor in the mines, the inexorable penalty for every attempt to penetrate the forbidden coun- try, still the dazzled imaginations and daring spirits of the Groat West adventured upon the enterprise; and failure and misfortune, chains and labor, were not sufficient to intimidate others. The journal of (the then lieutenant, afterwards) General Pike inflamed this spirit, and induced new adventurers to hazard the en- terj)rise, only i meet the fate of their predeces- sors. It was not until the Independence of Mexico, in the yeav 1821 that the frontiers of this vast and hitherto staled up country, were thrown open to foreign ingress, and trade and intercourse allowed ta take their course. The State of Missouri, from her geographical posi- tion, and ihoi adventurous spirit of her inhabit- ants, was among the first to engage in it ; and the "Westert Internal Provinces" — the vast region comprehending New Mexico, El Paso del Norte, New Bi.scay, Chihuahua, Sonora, Sinaloa, and all the w ide slope spreading down towards the Gulf of California, the ancient " Sea of Cor- tcz" — was tho remote theatre of their cour- ageous enterpri-se — the further off and the less known, so much the more attractive to their daring spirits. It was the work of individual enterprise, without the protection or counte- ance of the government — without even its know- ledge — and exposed to constant danger of life and property from the untamed and predatory savages, Arabs of the Nevv^ World, which roam- ed over the intermediate country of a thousand miles, and considered tho merchant and his goods their lawful prey. In three years it had grown up to be a new and regular branch of in- terior corumerce, profitable to those engaged in it, valuable to the country from the articles it carried out, and for the silver, the furs, and the mules wlilch it brought back ; and well entitled to the protection and care of the government. That protection was sought, and in the form which the character of the trade reciuired — a right of way thiough the countries of the tribes between Missouri and New ^lexico, a road marked out and security in travelling it, stipula- tions for good behavior from the Indians, and a con.'ular establishment in the provinces to bo traded with. The consuls could be appointed by the order of the government ; but .he road, the treaty stipulations, and the substantial pro- tection against savages, required the aid of the federal legislative power, and for that purpose a Bill VMS brought into the Senate by me in tho session of 1824-25 ; and being a novel and strange subject, and asking for extraordinary legislation, it became necessary to lay a foun- dation of facts, and to furnish a reason and an argument for every thing that was asked. I 42 TnixlTY YEARS' VIEW. 'llll^ ill ill; produced a statement from those engaged in the trade, among otliers from Mr. Augustus Storrs, late of New Hampshire, then of Missouri — a gentleman of character and intelligence, very- capable of relating things as they were, and in- capable of relating them otherwise; and who had been persona'. -gaged in the trade. In presenting his statement, and moving to have it printed for the use of the Senate, I said : " This gentleman had been one of a caravan of eighty persons, one hundred and fifty-six horses, and twenty-three wiigons and carriages, which had made the expedition from Missouri to Santa Fo (of New Mexico), in the months of May and Juno last. Ilis account was full of interest and novelty. It sounded like romance to hear of caravans of men, horses, and wagons, travers- ing with their merchandise the vast plain which lies between the Mississippi and the Hio del Norte. The story seemed better adapted to Asia than to North America. But, romantic as it might seem, the reality had already exceeded the visions of the wilflest imagination. The journey to Now Mexico, but lately deemed a chimerical project, had become an affair of ordinary occur- rence. Santa Fe, but lately the Ultima Thnlc of American enterprise, was now considered as a stage only in the progress, or rather, a new point of departure to our invincible citizens. Instead of turning back from that point, the caravans broke up there, and the subdivisions branched off in different directions in search of new thojitres for their enterprise. Some pro- ceeded down the river to the Paso del Norte ; some to the mines of Chihuahua and Durango, in the pi ovince of New Biscay ; some to Sonora and Sinaloa, on the Gulf of California; and some, seeking new lines of communication with the Pacific, had undertaken to descend the west- ern slope of our continent, througli the unex- plored regions of the Colorado. The fruit of these enterprises, for the present year, amounted to $190,000 in gold and silver bullion, and coin, and prcciou^ furs ; a sum considerable, in itself, in the commerce of an infant State, but chiefly deserving a statesman's notice, as an earnest of what might be expected from a regulated and protected trade. The principal article given in exchange, is that of which we have the greatest abundance, md which lias the peculiar advantage of making ti:e circuit of the Union before it departs from tha territories of the republic — cotton— which grows in the South, is manu- factured in the North, and exported from the West. "That the trade will be beneficial to the inhabitants of the Internal Provinces, is a pro- position too plain to be argued. Tliey are a people among whom all the arts are lost— the ample catalogue of whose wants may be inferred from the lamentable details of Mr. Storrs. No books ! no newspapers ! iron a dollar a pound ! cultivating the earth with wooden tools! and spinning upon a stick ! Such is the picture of a people whose fathers wore the proud title of •' Conquerors ; " whose ancestors, in the time of Charles the Fifth, were the pride, the terror, and the model of Europe ; and such has been the power of civil and religious despotism in accom- plishing the degradation of the human species ! To a people thus abased, and so lately arrived at the possession of their liberties, a supply of merchandise, upon the cheapest terms, is the least of the benefits to be derived from a com- merce with the people of the United States. The consolidation of their republican institutions, the imjjrovement of their moral and social con- dition, the restoration of their lost arts, and the development of their nationa) resources, are among the grand results whJjh philanthropy anticipates from such a commerce. " To the Indians themselvos, the opening of a road through their country is an object of vital importance. It is connected with the preserva- tion and improvement of their race. For two hundred yenrs the problem of Indian civilization has been successively presented to each genera- tion of the Americans, and solved by each in the same way. Schools have been set up, colleges founded, and missions established ; a wonderful success has attended the commencement of every undertaking ; and, after some time, the schools, the colleges, the missions, and the Indians, have all disappeared together. In the .south alone have we seen an exception. There the nations have preserved themselves, and have made a cheering proguss in the arts of civilization. Their advance is the work of twenty years. It dates its commencement from the opening of roads through their country. Roads induced separate families to settle at the crossing of fivers, to establish themselves at the best springs and tracts of land, and to begin to sell grain and provisions to the travellers, whom, a few j'cars before, they would kill and plunder. This imparted the idea of exclusive property in the soil, and created an attachment for a fixed resi- dence. Gradually, fields were opened, houses built, orchards planted, flocks and herds acquired, and slaves bought. The acquisition of these comforts, relieving the body from the torturing wants of cold and hunger, placed the mind in a condition to pursue its improvement. — This, Mr. President, is the true secret of the happy ad vanco which the southern tribes have made in acquiring the arts of civilization ; this has fitted them for the reception of schools and missions ; and doubtless, the same cause will produce the same efi'ects among the tribes beyond, which it ha-s produced among the tribes on this sidn of the Mississippi. " The right of way is indispensable, and the committee have begun with directing a bill to be reported for that purpo.se. Happily, there are no constitutional objections to it. State rights I are m plated \ the jurj a courtl begins [ and ruj far awd the Inl Btatutel againsti an act" yet nai of the make rl the intj foreign I tional cl 1 » i ANNO 1824. JAMES MONROE, PRESmENT. 43 are in no danp^er ! The road which is contem- plated will trespass upon the soil, or infringe upon the jurisdijtion of no State whatsoever. It runs a course and a distance to avoid all that ; for it begins upon the outside line of tlie outside State, and runs directly oif towards the setting sun — far away from all the States. The Congress and the Indians are alone to be consulted, and the statute book is full of precedents. Protesting against the necessity of producing precedents for an act in itself pregnant with propriety, I will yet name a few in order to illustrate the policy of the government, and show its readiness to make roads through Indian countries to facilitate the intercourse of its citizens, and even upon foreign territory to promote commerce and na- tional coDLmunications." Precedents were then shown. 1. A road from Nashville, Tennessee, through the Chicasaw and Choctaw tribes, to Natchez, 180G; 2, a road through the Creek nations, from Athens, in Georgia, to the 31st degree of north latitude, in the direction to New Orleans, 1806, and con- tinued by act of 1807, with the consent of the Spaniiih government, through the then Spanish territory of West Florida to New Orleans; 3, three roads through the Cherokee nation, to open an intercourse between Georgia, Tennessee, and the lower Mississippi ; and more than twenty others upon the territory of the United States. But the precedent chiefly relied upon was that from Athens through the Creek Indian territory and the Spanish dominions to New Orleans. It was up to the exigency of the occasion in every particular — being both upon Indian territory within our dominions, and upon foreign territory beyond them. The road I wanted fell within the terms of both these qualifications. It was to pass through tribes within our own territory, until it reached the Arkansas River: there it mp*^ the foreign boundary established by the treaty of 1819, which gave away, not only Texas, but half the Arkansas besides ; and the bill which I brought in provided for continuing the road, with the assent of Mexico, from this boundary to Santa Fe, on the Upper del Norte. I deemed it fair to give additional emphasis to this precedent, by showing that I had it from Mr. Jefferson, and said : " For a knowledge of this precedent, I am in- debted to a conversation with Mr. Jcflcrson himself. In a late excursion to Virginia, I availed myself of a broken day to call and pay my respects to that patriarchal statesman. The individual must manage badly, Mr. President, who can find himself in the presence of that great man, and retire from it without bringing off .some fact, or some maxim, of eminent utility to the human race. I trust that I did not so manage. I trust that, in bringing off a fact which led to the discovery of the precedent, which is to remove the only serious objection to the road in question, I have done a service, if hot to the human family, at least to the citizens of the two greatest Republics in the worhi. It was on the evening of Christmas day that I called upon Mr. Jefferson. Tne conversation, among other things, turned upon roads. He spoke of one from Georgia to New OrlcanSj made during the last term of his own adminis- tration. He said there was a manu.script map of it in the library of Congress (formerly his own), bound up in a certain volume of maps, which he described to me. On my return to Washington, I searched the statute book, and I found the acts which authorized the road to be made : they are the same which I have just read to the Senate. I searched the Congress Library, and I found the volume of maps which he had described; and here it is (piesenting a huge folio), and there is the map of the road fiom Georgia to New Orleans, more than two hun- dred miles of which, marked in blue ink, is traced through the then dominions of the King r)f Spain!" The foreign part of the road was the difliculty, and was not entirely covered by the precedent. That was a road to our own city, and no other direct territorial way from the Southern States than through the Spanish province of West Florida: this was a road to be, not only on foreign territory, but to go to a foreign country. Some Senators, favorable to the bill, were startled at it, and Mr. Lloyd, of Massachusetts, moved to strike out the part of the section which provided for this ex-territorial national highway ; but not in a spirit of hostility to tho bill itself providing for protection to a branch of commerce. Mr. Lowrie, of Pennsylvania, could not admit the force of the objection, and held it to be only a modification of what was now done for the protection of commerce — the substitution of land for water ; and instanced the sums annually spent in maintaining a fleet in the Mediterranean Sea, and in the most remote oceans for the same purpose. Mr. Van Burcn, thought the government was bound to extend the same protection to this branch of trade as to any other; and the road upon the foreign territory was only to be marked out, not made. Mr. Macon thought the question no great mat- ter. Formerly Indian traderd followed " traces : " 44 THIRTY YEARS' VIEW. i '1 i now thoy must have roads. lie did not care for precedents : they arc generally good or bad as they suit or croiis our purposes. The case of the road made by Mr. Jefferson was diflcrent. That road was made among Indians ccmpara- tively civilized, and who had some notions of property. But the proposed road now to be marked out would pass through wild tribes who think of nothing but killing and robbing a white man the moment they see him, and would not be restrained by treaty obligations even if they entered into them. Col. Johnson, of Kentucky, had never hesitated to vote the money which was necessary to protect the lives or property of our sea-faring men, or for Atlantic fortifica- tions, or to suppress piracies. We had, at this session voted $500,000 to suppress piracy in the West Indies. We build ships of war, erect light- houses, spend annual millions for the protection of ocean commerce ; and he could not suppose that the sum proposed in this bill for the protec- tion of an inland branch of trade so valuable to the West could be denied. Mr. Kelly, of Ala- bama, said the great object of the bill was to cherish and foster a branch of commerce already in v^xistence. It is carried on by land through several Indian tribes. To be safe, a road must be had— a right of way — " a tracc,^^ if you please. To answer its purjjose, this road, or "trace" must pass the boundary of the United States, and extend several hundred miles through the wilderness country, in the Mexican Republic to the settlements with which the traffic must be carried on. It may be well to remember that the ^Mexican government it' in the germ of its exist- ence, struggling with difficulties that wc have long since surmounted, and may not feel it con- venient to make the road, and that it is enough to permit us to mark it out upon her soil ; which is all that this bill proposes to do within her limits. Mr. Smith, of Alaryland, would vote for the Mil. The only question with him was, whether commerce could be carried on to advantage on the proposed route ; and, being satisfied that it could be, he should vote for the bill. Mr. Brown, of Ohio (Ethan A.), was very glad to hear such sentiments from the Senator from Maryland, and hoped that a reciprocal good feeling would always prevail between different sections of the Union. He thought there could be no objection to the bill, and approved the policy of getting the road upon Mexican territory with the consent of the Mexican government. The bill passed the Senate by a large vote— 30 to 12 ; and these are the names of the Senators voting for and against it : Yeas. — Messrs. Barton, Benton, Bouligny, Brown, D' Wolf, Eaton, Edwards, Elliott, Holmes of Miss., Jackson (the General), Johnson of Kentucky, Johnston of Lou., Kelly, Knight, Lanman, Lloyd of Mass., Lowric, Mcllvaine, McLean, Noble, Palmer, Parrott, Buggies, Sey- mour, Smith, Talbot, Taylor, Thomas, Van Buren, Van Dyke— 30. Nays. — Messrs. Branch, Chandler, Clayton, Cobb, Gaillard, Hayne, Holmes of Maine, King of Ala., King of N. Y., Macon, Tazewell, Wil- liams — 12. It passed the House of Representatives by a majority of thirty — received the approving sig- nature of Mr. Monroe, among the last acts of his public life — was carried into effect by his successor, Mr. John Quincy Adams — and this road has remained a thoroughfare of commerce between Missouri and New Mexico, and all the western internal provinces ever since. Reprcse CHAPTER XVII. PRESIDENTIAL AND VICE-PRESIDENTIAL ELEC- TION IN THE ELECTORAL COLLEGES. Four candidates were before the people for the office of President— General Jackson, Mr. John Quincy Adams, Mr. William II. Crawford, and Mr. Henry Clay. Mr. Crawford had been nom- inated in a caucus of democratic members of Congress ; I t being a minority of the members, and the nomination not in accordance with pub- lic opinion, it carried no authority along with it, and was of no service to the object of its choice. General Jackson was the candidate of the peo- ple, brought forward by the masses. Mr. Adams and Mr, Clay were brought forward by bodies of their friends in different States. The whole number of electoral votes was 2G1 ; of which it required 131 to make an election. No one had that number. General Jack.son was the highest on the list, and had 99 votes; Mr, Adams 84 ; Mr. Crawford 41 ; Mr. Clay 37, No one having a majority of the whole of elect- ors, the election devolved upon the House of ,: ANNO 1824. JAMES MONROE, PRESmENT. 45 of which on account will be ott, Rugglcs, Sey- >r, Thomas, Van Representatives given ill a separate chapter. In the vice-presidential election it was dif- feient. Mr. John C. Calhoun (who in the be- ginning of the canvass had been a candidate for the Presidency, but had been withdrawn by liis friends in Pennsylvania, and put forward for Vice-President), received 182 votes in the electoral college, and was elected. Mr. Nathan Sandford, Senator in Congress from New- York, had been placed on the ticket with Mr. Clay, and received 30 votes. The 24 votes of Vir- ginia were given to Mr. Macon, as a compli- ment he not being a candidate, and having refused to become one. The nine votes of Georgia were given to Mr. Van Buren, also as a compliment, he not being on the list of candi- dates. Mr. Albert Gallatin had been nominated in the Congress caucus with Mr. Crawford, but finding the proceedings of that caucus un- acceptable to the people he had withdrawn from the canvass. Mr. Calhoun was the only sub- stantive vice-presidential candidate before the people, and his election was an evidence of good feeling in the North towards southern men — he receiving the main part of his votes from that quarter — 114 votes from the non-slaveholding States, and only C8 from the slavenolding. A southern man, and a slaveholder, Mr. Calhoun was indebted to northern men and non-slave- holders, for the honorable distinction of an elec- tion in the electoral colleges — the only one in the electoral colleges — the only one on all the lists of presidential and vice-presidential candi- dates who had that honor. Surely there was no disposition in the free States at that time to be imjust, or unkind to the South. CHAPTER XVIII. DEATH OF JOHN TATLOE, OF CAUOLINE. For by that designation was discriminated, in iiis own State, the eminent republican statesman of Virginia, who was a Senator in Congress in the first term of General Washington's adminis- tration, and in the last term of Mr. Monroe — and who, having voluntarily withdrawn himself from that high station during the intermediate thirty years, devoted himself to the noble pur* suits of agriculture, literature, the study of \^Q- litical economy, and the service of his State or county when called by his fellow-citizens. Per- sonally I knew him but slightly, our meeting in the Senate being our first acquaintance, and our senatorial association limited to the single ses- sion of which he was a member — 1823-24 ; — at the end of which he died. But all my observa- tion of him, and his whole appearance and de- portment, went to confirm the reputation of his individuality of character, and high qualities of the head and the heart. I can hardly figure to myself the ideal of a republican statesman more perfect and complete than he w^as in re- ality: — plain and solid, a wise counsellor, a ready and vigorous debater, acute and comprehensive, ripe in all historical and political knowledge, in- nately republican- modest, courteous, benevolent, hospitable — a skill'ul, practical farmer, giving his time to his farm and his books, when not called by an emergency to the public service — and re- turning to his books and his farm when tho emergency was over. His whole character was announced in his looks and deportment, and in his uniform (senatorial) dress — the coat, waist- coat, and pantaloons of the same "London brown," and in the cut of a former fashion — beaver hat with ample brim — fine white linen — and a gold-headed cane, carried not for show, but for use and support when walking and bending under the heaviness of years. He seemed to have been cast in the same mould with Mr. Macon, and it was pleasant to sec them together, looking like two Grecian sages, and showing that regard for each other which every one felt for them both. He belonged to that constellation Of great men which shone so brightly in Virginia in his day, and thp light of which was not limited to Virginia, or our Ame- rica, but spread through the bounds of the civi- lized world. He was the author of several works, political and agricultural, of which his Arator in one class, and Ids Construction Con- strued in another, were the principal — ono adorning and exalting the plough with the attri- butes of science ; the other exploring the confines of tho federal and the State governments, and presenting a mine of constitutional law very pro- fitably to bo examined by the political student who will not be repulsed from a banquet of rich 46 aJ election, and that I ha I communicated to you ur.eqici locally, before th( 15th of December, 1324, my determi- copied into many ncwsi)apcrs, and is preserved in Niles' Register. I told it as my belief to}.h Jefferson on Christmas evening of the same year, when returning to Washington and making a call on that illustrious man at his scat, Monticello ; and believing then that Mr. Adams woidd be elected, and, from the necessity of the cn.so, woii'd liava to make up a mixed cabinet, T expressed thai belief to Mr. Jefferson, using the term, fiimiliat in English history, of " broad bottomed ; " and asked him how it wouM do 1 lie answered , "Not at all — woidd never succeed — would ruin all engaged in it." Mr. Clay told Iiis intcntion.s (o others of his friends from an early period, but as they remained his friends, their testimony was but little heeded. Even my own, in the Violence of party, r aA from my relationship tf Mrs. Clay, seemed to have but littlo eitect. The imputation of "'nrgain" stuck, and doubtless had an influence in the election. In fact, the circumstr.nccs of the whole affair — p"evious an- tagonisn. between the parties, a'-lua: support in the election, and acceptance of l.:gh office, made up a case against Messrs. Adams and Clay which it WIS hardly safe for public men to creatj and to bn. * , however .strong in their own conscious- ness of integrity. Still, the great objection to ■; 4>' ANNO 1826. JAMES MONROE, PRESIDENT. 49 a and not for that the puhli- ', / cannot deny wledgmenta for Tompted you to ful testimony.'''' ive the original, , December Gth, \f heat and mid- tlr. Adams was 1 when the testi- o him. It went was quoted and ;ress, greatly to my own party, late, or the fact. December, on a onel James Mc- Viiginia, where was before I left n Mr. Clay him- to support Mr. c to Colonel Mc- lanccd to be pre- i letter which was and is preserved my helirf to Mr nf the same year, nd making a call ,,]Monticello;aii(l ivould be elected, ■ase, won^d liava expressed thaV lie term, fiiinilia? potlomed ; " ani! TTe answered , ■C'd — w oi;ld ruin lid his intentions m early period, I, their testimony ly own, in the relat'Oii.,hip tc- littl :• cltect. 1'he and doubtless In. Tn fact, the lir — p"Cvious an- ^ua. support in |,yi office, made [and Clay whiclt m to create and own conscions- ;at objection to the eliKition of Mr, Adams was in the violation of the princii)le demos krateo ; and in the ques- ] tion which it raised of the capacity of the demos to choose a ."-afo President for themselves. A letter which I wrote to the representative from Missouri, before he gave the vote of the Slate to Mr. Adams, and which wos pub islied immedi- ately afterwards, placed the objection upon this high ground ; and upon it the battle was mainly fought, and won. It was a victory of principle, and should not be disparaged by the admission of an unfounded and subordinate cause. This presidential election of 1824 is remarkable under another aspect — as having put an end to the practice of caucus nominations for the Presi- dency by members of Congress. This mode of concentrating public opinion began to bo j)rac- tised as the eminent men of the Jlevolution, to whom public opinion awarded a preference, were passing away, and when new men, of more equal pretensions, were coming upon the stage. It was tried several times with success and general ai)probation, public sentiment having been fol- lowed, and not led, by the caucus. It was at- tempted in 1824, and failed, the friends of Mr. Cniivford only attending — others not attending, not from any repugnance to the practice, as their jiixvious conduct had shown, but because it was known tliat Mr. Crawford had the largest num- bor of friends in Congress, and woidd ai^suredly receive the nomination. All the rest, therefore, refused to go into it : all joined in opposing the "caucus candidate," as Mr. Crawford was called ; all united in painting the intrigue and corrup- tion of these caucus nominations, and the ano- maly of members of Congress joining in them. By their joint efforts they succeeded, and justly in the fact though not in the motive, in rendering these Congress caucus nominations odious to the people, and broke them down. They Mere dropped, and a different mode of concentrating public opinion was adopted — that of party nomi- nations by conventions of delegates from the States. This worked well at first, the will of the peojile being .-trictly obeyed by the delegates, ami the miijority making the nomination. But it quickly degenerated, and became obnoxious to all the objections to Congress caticus Jiomina- tims, and many others besides. ^Members of Congress still attended them, either as delegates •)r as lobby managers. Persons attended as Vol. I.— 4 delegates who bail no constituency. Delegates attended upon eipiivocul appointments. Double sets of delegates sometimes came from the State, and either were admitted or repulsed, as suited the views of the majority. Proxies wore in- vented. iMany delegates attended with the sole view of establishing a claim for ofHce, and voted accordingly. The two-thirds rule wa.s invent- ed, to enable the ininority to contjol the ma- jority ; and the whole procee eat otit of the public crib — who will give them a key to the public crib. The evil is destructive to the rights and sov- ereignty of the people, and to the purity of elec- tions. The remedy is in the application of the democratic principle — the people to vote direct for President and Vice-President ; and a second election to bo held immediately between the two highest, if no one has a majority of the whole number on the first trial. But this would re- (juire an amendment of the constitution, not to. be effected but by a concurrence of two thirds of each house of Congress, and the sanction erf! 50 THIRTY YEARS' VIEW. throe fmirtlis of flic States — a conminimnlion to wliich the stivii'.'tli of (he ijuoplc lias not yet been equal, but (if which there in no reason to despair. The iireat jiarliiimentary reform in Oreat Britain was otily rarrieil after forty years of continued, animal, jierseverinj; exertion. Our constitutional reform, in this point of the presi- dential election, may re(iuirc but a few years ; in the meanwiiilc I am f<>r the people to select, as well as r//(V, tlit.ir candidates, and for a reference to the I louse to choose one out of three presented by the peo[)lo. iustend of a caucus nomination of whom it pleased. The House of Ilepresentativcs is no longer the small and dangerous electoral col- lege that it once was. Instead of thirteen Slates wo now have thirty -one ; instead of sixty-five roprepenbitivcs, we have now above two hundred. Responsibility in the ]b)Uso is now well establish- ed, and political ruin, and personal humiliation, at- tend the violation of the will of the State. No man could bo elected now, or enileavor to be elected (after the exj.eriencc of 1800 and 1821), who is not at the head of the list, and the choice of a majority of the I'nion. The lesson of those times would deter imitation, and the democratic principle would a^ain crush all that were instru- mental in thwarting the public will. There is no longer the former danger from the House of Representatives, nor nn}- thing in it to justify a previous resort to such as.semblages as our na- tional conventions have got to be. The House is legal and responsible, which the convention is not, with a better chance for integrity, as having been actually elected by the people ; and more restrained by position, by public opinion, and a clause in the constitution from the acceptance of office from the man they elect. It is the consti- tutional umpire ; and until the constitution iij amended, I am for acting ujjon it as it is. CHAPTER XX. THE OCCUPATION OF THE COLUMBIA. This subject hay the Roniitor from Xi'w- Ji'isi'V (Mr. n.). nml Mr. H. wouM lie iinliiilhfiil to his duty if ho did not rt'|K'l it. In dis(liar};in);; this duty, he would lose no time in uoinj; over the gentleman's calculations about the expense i;eltinj; a member of Congress from the Orepon to the Potomac; nor woidd he solve his dilliculties ulioiit the shortest and best fQulc — whetlier Cape Horn shoulil be doiililed, a new route explored under the north jiole, or niDuntain-i climbed, whose aspirinj; summits pre- sent twelve feet of defving snow to the burninj; rays of a July sun. Mr. B. looked ujion these calculations and problems as so many dashes of the gentleman's wit. and admitted that wit was an excellent article m debute, cfiuall}" convenient for embellishing^ an arftiimcnt, and conceulinj; the want of one. For which of these purjMJses the senator from New Jersey had amused the Siimte with the wit in question, it was not for Mr. 15. to say, nor should he ui. lertake to dis- turb him in the quiet enjoyment of the honor which he had won thereby, and would proceed directly to speak to the iherits of the bill. "It is now, Mr. President, continued Mr. B., precisely two and twenty years since a contest for the Columbia has been goinj^ on between the United States and Great Biitain. The contest originated with the discovery of the river it.self. The moment that we discovered it she claimed it ; and without a color of title in her hand, she has labored ever since to overreacli us in the arts of ne{;otiation, or to bully us out of our dis- covery by menaces of war. '• In the 3'ear 17'JO, a citizen of the United States, Capt. CJray, of Boston, di.scovcred the Columbia at its entrance into the sea ; and in 18(t;5, Lewis and Clarke were sent by the gov- ernment of the United States to complete the discovery of the whole river, from its source downwards, and to take formal possession in the name of their government. In 170;> Sir Alexander McKcnzie had been sent from Canada by the British Government to etlect the same ohji'ct ; but he missed the sources of the river, fell upon the Tacontchc 7'e.wc, and struck the Pacitic about live hundred miles to the north of the mouth of the Columbia. '• In IHO;*), the United States accjuired Louisiana, and with it an open question of boundaries for that vast piovince. On the side of Mexico and Florida this question wa.s to be settled witli the King of Spain; on the north and north- west, with the King of Great Britain. It happened in the very time that we were signing a treaty in Paris for the accpiisition of Louisiana, that we were signing another in London for the adjustment of the boundary line between the northwest possessions of the United States and the King of Great Britain. The negotiators of each were ignorant of what the others had done ; and on remitting the two treaties to the Senate of the Unitetl States for ratification, that for the purchase of Louisiana was ratified with- out restriction ; the other, with the excejition of the fifth article, it was this article which ad- Justed the lM)unilary line betwivn the Unifed Slates and (ireat Itritain, from V.ik Lake of the Woods to the head of the Mississippi; and the Semite refused to ratify it, becau.se, by possibili- ty, it might jeopard tlie northern boinidary of Louisiana, The treaty was sent back to London, the fifth article expunget know willi pR'cision wiiat value onr ^rovern- nii'nt set on the country to the westwanl of these inountuiiis; hut we wvn' not unthori/ed to enter into atiy agreement wliieli shoidd l)e tantamount to iin nl»andonnient of the claini to it. It wa-; at last a;:reed, hut, as we ihou^dit, willi soine n- liirhiinr on the jiart of tlie Uri/it/i plenipoten- tiariis, that the eoinitry on tin- northwest coast, claiineil by eitlu'r parly, shoidd, without preju- dice to the claims of eitlier, and for a liiiiitn/ time, he oi)ened for Uie purposes of trade to the iiihahilants of liofli countries.' " The snitstance of this agreement was inserteil in the convention of Octohor, ISIH. It con- fititutes the third article of that treaty, and is the same njion which the senator from New Jersey (Mr. Dickerson) relies for e.xcludiii}; the (iiiUMl States from the occupation of the Coliimhiu. '' In sul)se(|uent nepotiations, the Tlritish agents further ristetl their claim upon tiie discoveries of McKt'ii/.ie, in 17!*.'], the .seiziiiv of Astoria du- rinj: the late war. aneen made anterior I to tlie Ilevolutionary AVar. Not a sinj^le parti- culai is given which could identify ix transaction | of the kind. The only circumstance mentioned applies to the locality of the Indians supposed to nave made the sale ; and that circumstance invalidates the whole claim. They are .said tr> ; have resided to the ' .vo/////' of the Columbia; by con.sequcncc they did not reside v/xid it. and could have no light to sell a country of which tlicy were not the possessore. " McKcnzie was sent out from Canada, in the year 1793, to discover, at its head, the river which Captain Gray had discovered at its nioiith, three years before. But McKenzie mi.ssed the object of his search, and struck the Pacific five , hundred miles to the north, as I liavc already ! stated. The seizure of Astoria, during the war, ; was an operation of arms, conferring no more ' title upon Great Britain to the Columbia, than the capture of Castinc and Detroit gave her to , Maine and Michigan. This new ground of claim was >et upl)y .Mr. Bagot, his Britannic .Majesty's minister to this republic, in 1KI7, and xet np ill a way to contradict and relinipiish all their other pretended titles. Mr. Bagot was nnion- st rating against the occupation, by the I'nited States, of the Columbia Kiver, and ivciting that it had been taken possession of, in his Ahijesty's name, during the late war, ' (Uid hail m.S( k hifu ro.NsimuKi) anfiinniiKj a ititrt itj Inn Mtiji.nt i/n (h)iiiiitii')iii. The word ^Hiiirr.'' is exclusive of all previous pretension, and tlie Ghent Treaty, which stipulates for tlie restoration of all the ca|itured posi. , is a complete extinguisher to thi. estate we IS n(»t to be The ad- was ail wc to settle in (J oast of )y 1 ire V ions ,ed to settle ain rcstric- ;sion on our lied to the ited, and to ices of the uakinjr set- build huts, ;lit inojier. ;. or rather red. if we »n(;na}re re- aut conces- authori/ed ioiith ISeas, '11^ on our coasts, fi>v n. the |iiir|K)sc of trading with tlie nativen; but, after thin jioni|ious recognition of ri^ht to navi- (:ati(iii, lisliery, and commerce, comeH another iiilii le, the sixth, which takes away tho rij;ht of landing', and erecting even temporarv ImtH, for any piir|Kise but that of carrying on the fishery, and anionntH to a complete dereliction of all rijrht to settle in any way for the luirpoKc of coinniercc with the nativcH.' — Hritim Pmliii' vit'iiliiry HiMorij. Vol. 2H, p. '.I'.IO. "Mr. I'itt. in reply. ' llavui^ finishcHl that part of Mr. Fox's spee
  • . 10(»2. '• Hut, continued Mr. Benton, we nce«l not take tlie character of the treaty even from tlie hif;h autliority of these rival leaders in the llrit- ish Parliament. The treaty will speak for it.self. 1 have it in my hand, and will read the article relied upon to sustain tho British claim to the Columbia River. "'AltTICLK TIIIRP OF THE NOOTKA SOUND TKKATV. "'In order to strengthen the lionds of fricnd- sliip, and to preserve, in future, a [Kirfect har- mony and good nnderstandinp; between tho two contracting partie.s, it is agreed that their re- spective subjects shall net be distuibed or molested, either in navigating or carr^-ing on their fisheries in the Pacific Ocean, or in the South Seas, or in landing on ilie coasts of those sea« in places not already occupie>.jtka Sound Treaty ? The answer is in the affirmative. The second is, whether the English landed upon this coast while it was so unoccupied ? The answer is in the negative ; and this answer puts an end to all pre- tension of British claim founded upon tliis treaty, without having us under tho n<'c»'s«ity of recur- ring to the fact that the tH>rmissi ipient restrictions, to the i^rection of linipoiary liuts for the iicisoiial accommodation of fisher- men and traders only. "Mr. B. adverted to the inconsistency, on tho part of (Jreat Hiilain. of following the 4!*th par- allel to the Kocky Mountains. anaiall('l a liouiiiliiry to tho top of tho niountiiin, would carry it out to tho l'a<'iflc Ocean, lie proved this oKHertion by recurring to the origin of (hat line. It grew out of the treaty of I'trecht, that treaty which, in 1704, put an end to the wars of yuii'n Anne ami Louis the XlVth and fixed the iMiundaries of their respective dominions in North America. The tenth article of that treaty was anplicable to Louisiana and to Canada. It jirovidi'd that commissioners should lie apjioint- ed by tho two powers to adjust the boumlary between them. The commissioners were ap- pointed, and did lix it. The parallel of 111 dc- grws was fixed upon as the common houiidaiy from the Lake of the Wood.s, •' Indijinilrlij to the Hint." This boumlary was ac(|iiicsced in for a hundred years. By proposing to follow it to the Rocky Mountains, the British (lovern- nient admits its validity ; by lefusing to follow it out, they become obnoxious to the charge of inconsistency, and betray a deteiiniiiation to en- croach upon the territory of the I'nitcd States. for the undisguised purjiose of selfish aggrim- dizemcnt. "The truth is, Mr. President, continued Mr. B., Great Britain has no color of title to tho country in question. She sets nji none. There is not a paper upon the face of the earth in which a British minister has stated a claim. I speak of the king's raiuister.s, and not of the agents employed by them. The claims we have been examining are thrown out in the con- vensations and notes of diplomatic agents. No English mini.stcr has ever put his name to them, and no one will ever risk his character as a statesman by venturing to do so. The claim of Cireat Britain is nothing but a naked pretension, founded on the double prospect of benefiting herself nd injuring the United States. The fur trader, Sir Alexander McKenzic,is at the bottom of this polic}'. Failing in his attempt to explore the Columbia River, in 1793. he, nevertheless, urged upon the liritish Government the advan- tages of taking it to herself, and of expelling tho Americans from tho whole region west of the Rocky Mountains. The advice accorded too well with the passions and policy of that govern- ment, to be disregarded. It is a government which has lost no opportunity, since the peace of '83, of aggrandizing it.se!f at the expense of the United States. It is a government which listens to the suggestions of its experienced subjects, and thus an individual, in the humble station of I ; < ; I t ! i- 54 XniRTY YEARS' VIEW. a fur trailer, has pointed out the jwlicy which vide or alienate cu' territory upon it. I merely hn.s been pursue- nuied west, till it termi- nates in the Pacihi; Ocean, lo the south of the Columbia.'' " Mr. B. said it was curious to observe with what closeness every suggestion of McKenzie had been followed up by the British Govern- ment. He recommended that the Hudson Bay and Northwest Company should be united ; and they have been united. He proposed to extend the fi'.r trade of Canada to the shore of the Pa- cilic Ocean j and it has been so extended. He proposed Jhat a chain of trading posts should be formed through ti.c- continent, from sea to sea ; and it has been formed. He recommended that no boundary line should be agreed upon with the rni'etl States, which did not give the Co- lumbia River to the British; and the British ministry dechire that none other shall be formed. He proposed to obtain the command of the fur save the fur trade in that region, and preveni our Indians from being tampered with by British traders; 4. To open a communication for com- mercial purposes between the Mississippi and the Pacific ; 5. To send the lights of science and of religion into c-astcrn Asia. CHAPTER XXI. COMMENCEMENT OF MU. ADAMriS ADMINISTHA- TION. On the 4th of March he delivered his inaugural address, and took the oath of office. That ad- dress — the main feature of the inauguration of every President, as giving the outline of the po- / rule from latitude 45 degrees north; and they j licy of his administration— furnished a topic against Mr. Adams, and went to the reconstruc- tion of parties on the old line of strict, or h'titu- dinous, construction of the constitution. It was the topic of internal national improvement by the federal government. The address extolled the value of such works, considered the constitu- tional objection as yielding to the force of argu- ment, eyprcascd the hope that every si)eculativc (constitutional) scruple would be solved in a practical blessing ; and declared the belief that, in the execution of such works posterity would liave it even to tlie Mundan villages, and the neiglihorlKxtd of tiie Council BIuHs. Ilerecom- moiuled the eximisiou of Anu-iican traders from thf wliole region west of the Rocky Moimtains, and they aie e.\|)elleil fi-om it. He pioposetl to command tiie commerce of the Pacil'c Ocean; and it will he conunaiuled the moment a British fleet takes position in the mouth of the Colum- bia. Besides these siK'cified advantages, McKen- zie alludes to other ';;o///u'a^ conaideratioiis,^ which it was not necessary for him to particu- larize. Doubtless it was not. They were suf- ficiently understood. They are the same which induced the retention of the northwestern posts. in violation of the treaty of 1783; the same I Jcrivo a fervent gratitude to the founders of our w?!'.ch induced the acquisition of Gibraltar, i Union, and most deeply feel and acknowledge Maltii, the Cape of Good Hope, the Islands of the beneficent action of our government. The Ceylon and Madagascar ; the same which makes Oreat Britain covet the possession of every com- manding position in the four quarters of the globe." I do not argue the question of title on the declaration of principles which wouiJ give so much power to the government, and the danger of which had just been so fully set forth by Mr. Monroe in his veto message on the Cumberland part of the United States, but only state it as i road bill, alarmed the old republicans, and gave a new ground of opposition to Mr. Adams's adminis- tration, in addition to the strong one growing out of the election in the House of Hopresentatives, in which the fundamental principle of represen- tative government had been disregarded. This new ground of opposition was greatly strength- ened at the delivery of wic fust annual message, in which the topic of internal improvement was again largely enforced, other subjects rocom« founded upon — 1. Discovery of the Columbia River hj Capt. Gray in 1790 ; 2. Purchase of Louisiana in 1803 ; 3. Discovery of the Colum- bia from its head to its mouth, by Lewis and Clarke, in 1803 ; 4. Settlement of Astoria, in 1811; 5. Treaty with Spain, 1819 ; G. Contigu- ity and continuity of settlement and pt)ssession. ^ to 18, The .senators voting in favor of the motion were Jlessrs. Bell, Bouligny, Cha.se, Clayton. DeWolf, Edwards, Harrison ((Jeneral), Hendricks, .lohnston of Lousiana, Kane, Knight, Lloyd of MiLSsaohusetts, Mcllvaine, Mills, Xoble, Rowan, Seymour, Thomas — 10, Those voting against it were Messrs, Barton, Benton, Berrien, Brani'h, Chandler, Dickerson, Eaton, Findlaj', (iaillard, Hayne, Holmes of Maine, Holme of '\ii.s.sissippi, Jackson ((icneral). King of Ala- bama, Lloyd of Maryland, Mark,s, Macon, Ilug- bers, but always representing the whole body of the State, and every county in the State, and gles. Smith of Maryland, Tazewell, Van Buren, on that account vested by the constitution with ! Vandyke, William.s, of Mi.s.sissippi — 23 ; and the power of choosing senators. The terms choose with this decision, the subsequent practice of and elect are the words applied to the legislative ' the Senate has conformed, leaving States in part election of senators. The term appoint is the or in whole tnirepresented, when the legislature word applied to a gubcr.natorial api)ointment. j failed to fill a regular vacancy. ANNO 1825. JOHN QUINCY ADAMS, PRESIDENT. 57 ' the con- led by an legislature ot. Some ere called mittce was id scverf i n, of Ten- ; and Mr. 1 the oases pointed by .797, to fill ition of his ;; of Uriah ic governor fill the va- of his own of Joseph )y the gov- ), to fill the ( own term lowing; of ited by the 1817, to fill ation of hid ; and in all >d had been hem, except .ny question ^ote of 13 to tist'iictory to Ir. Lanman's 'h, the mo- ljcctei!i. It was also communicaied to the .urretary at AVar. He sent in a re|)ort froiTi Mr, McKinney, the Indian bureau clerk, and actual negotiator (»f the treaty, admitting the fact of the inteniled private distribution; which, in fact, cotdd not be denied, as I held an original paper showing the names of all the intended recipients, with the sum allowed to each, beginning at Iii!20,fltt0 and ranging down to iftSOOO : and that it was done with his cognizance. Some extracts from speeches delivered on that occasion will well finish this view of a trans- action which at one time threatened "l-iolence between a State and the federal goverin«icnt. and in which a great fraud in an Indian treaty was detected and frustrated. EXTRACTS KHOM TIIK SPKICCKKS IN TIIK SENATK AND IN TIIK IIOUSK OK KEI'KESKNTATIVES. '• Mr. Van Hiiren said he shoidd state the cir- cumstances of this case, and the views of the committer of conference. A treaty was made in this city, in which it was stipulated on the part of the Tnitid States, that (S^^T.IKMl. to- gether with an annuity of S^* '.<"•" a year, and other considerations, should be paid lo the Creeks, as a consideration for llie c.\tiiigui.>.hmeut of their title to lands in the State of (Jeorgia. which the I'nited States, imder the cession of 180'i, were under oldigations to c.\tini;tiish. The bill iiimi the other Ilou.se to carry this treaty into ellect. directed that the money should be paid and distribute.7.')0 among themselves, and a fow favorite chiefs at home, ami three Cherokee chiefs who had no interest in the property. Kidge and \'ann were to re- ceive by the original treaty .SSOOO each. IJy this agreement of the distribution of the money each was to receive .'$1'».(»00 more, making iSl'O.OOd for each, Kidge, the father of Kidgc who is here, was to receive .'ij;ltl,(iOO. The other i«!l00.000 was to be distributed, .■jjl.'iOOO, and, in some instances. .'ijllO.OOO to the chiefs who nego- tinted the treaty here, varying from one to ten thousand dollars each. •' Mr. V. IJ. saiil, in his judgment, the char- octer of tlie government was involved in this suliject, and it woulil require, under the circum- stances of this case, that they should take every step they could rightfully take to exculpate themselves from having, in any degree or form, wncurred in this fraud. The "sentiment of tlie Atnerican people where ho lesiderl was, find had been, highly excited on this subject; tliey had I apphuideil. in the most ardent manner, the /.ed niJinifested by the government to preserve tlieiii- I selves pure in their negotiations with tlie Imliaiis ; I and though he was satisfied — though he deemed was made ti'- I'l a yenr. jmid lo the njriii^liiiicnt of (iooif^in. (Tssion of i^uisli. The this treaty - slioiild he fs and wur- :. and a ron- ) tho Sonate. i; snsjiicions isti'd on the ity. to prno ,7r)(l among fs at home, II no interest were to re- » each. 15y f tlie money ()rc, making ler of Jiidge The other )()()(>, and, in s who nego- ono to ten it, the char- ^ved in this the cirouni- Id take every 1.0 excnipate Lree or form, jnuiit of tlui i°as, iiiid li:iil J't; they liad ■ner. the Zi'il lescrve tlielii- 1 ilie liiiliiin.>: th he deeniuil ANNO 1826. JOHN QUINCY ADAM9, PRISIDENT. 61 it impossible to sn|)iiosc for a moment that government conld have conntenanced the prac- tice of tlii.s fraud, yet there were Ciroum.stance.s in the ca.se wliich recjuired exculpation. Between the negotiation of the treaty and the negotiation of the supplementary article on which Ihe treaty was Hnally adopted, all these circumstances were communicated to the Department of War by the two Cherokcs, Mr. V. l\. said it was net his nurjjose, bcciu.so the necessity of the case ('.id not require it, to say what the Secretary cf AVar ought to have done, or to censure what .'le d.d do. when the information was given to liim. He hail known him many years, and there was not an honester man, or a man more devoted to his country, than Jhat, gentleman was. Mr. V. H. said it was not lisr him to liave .said what .should have been the cour.se of the Pivsident of the United States, if the information had been given to him on the sidyect. It could not fail to make a mortifying and most injurious impression on the minds of the peojile of this country, to find that no means whatever were taken for the euppres.sion of this fraud. There wa.s, and there ought to be. an excitement on the subject in tho public mind." " Mr. Henton .said, that after the explanation of the views of the committee of conference which had beeii given by the senator from New- York (Mr. V. n IJuren), he would limit him.self to a statement of fact,-, on two or three jwints, on which referen^crf had been ma Mr. B. said he had recomniended it as the v nly way of treating with barbarians ; that, if not grati- fied in this way, the chiefs would pn)long the ne;rotiati(m, at a great daily ex|K>nse to the gov- ernment, until they got their gratuity in one way or oti ir. or defeated the treaty altogether. He considered the practice to lie sanctioned b)- the usage of the United State."! : he believed it to lie common in all barbarous nations, and in many that were rivilized ; and referreil to the iirticle in the federal constitution against re- ceiving ^' preufnts" fi-oin foreign |>ower.s, as a proof that the convention thought such a re- striction to be necessnrv. even among ourselves. 'Tho lime at which Mr. H. had otl'ered his ser- vices to aid this negotiation, had ap|)i'ared to him to be eminently critical, and bij; with consequences which ho was anxious to avert. It was after the committee had resolved to report against the new treaty, and before they had made the report to the Senate. The decision, whatsoever it might be, and the consequent discu.ssion.s, crimination.*^ an v ■ 'h ; '- injrs under the infhieuce of motives 'iv'kh lia\ • now ceased to oiK-rate. It was my first duty t> obtain an acknowledgment, on this floor, of the rights of (Jeorgia, repressing, for that purpose, even the story of her wrongs. It was my first duty, sir, and I have sacrificed to it every other consideration. As a motive to forbearance it no longer exists. The rights of ( Jeorgia have been prostrated. '■ Sir, in the progress of that controversy, whicli has grown out of the treaty of the Indian Springs, the peojile of tieorgia have been grossly and wantonly calumniated, and the nets of the administration have assisted to give currency to these calumnies. Iler chief magistrate has ln-en traihiced. The solemn act of her legisla- ture has bei set at naught bv a rescript of the federal Kxec five. \ military' force has been quartered o i her l)Oiders to coerce her to sub- mission ; an I without a trial, without the privi- lege of Ix'itii; lieard, without the .semblance of evidence, slit has been deprived of rights .secured to her by the solemn stipulations of treaty. '■ When, in obeilience to the will of the legis- lature of (Jeorgia, her chief magistrate had com- jiiunicated to the President his determination to survey the ceded territory, his right to do so wa'^ a.'st the former treat}', and in deluding this go\ernmeiit to annul it, t/irrr Clurokpcs — liidi^ii, \'(iiin,(iii(l the father (i/'lht'J'oniitr — are to receive koutv Tiiors.wn doi.i.aus of the money sti|)ulated to be paid by the I'nited States to ihe chiefs of the rVrcA" nation ; and the goveiii- ment, when informed of the projected framl. deeint; itself jKiwerless to avert it. Nay. when iip|iri.sed by 30ur ainendmenl, that you had also detected it, that governnient does not hesitate to interpose, by one of its high functionaries, to resist your procceiling. by a singular fatuity, thus giving its countenance and support to the ccnimi.ssion of the fraud. Sir, I s|K>ak of what has pa.s.seil before your eyes even in this hall. "One fiftli of the whole purchase money is to bo given to Ihire Chfrnkees. Ti;n tiiois.wi) 1)01, i.A lis reward one of the lieroes of J'oit Minis — a boon wliich it .so well becomes us to bestow. A few chosen favorites divide among them.selves upwards of onk iirNi)i!i:i) .\ni) hfiv Tiioi'SA.vi) nor, I, Alls, leaving a iiitt.nni'C for liistri- bution among the great body of the chiefs and warriors of the nation. " l!iit the administration, though it condemns the fraud, thinks that we have no power to pre- vent its consummation. AV'liat. sir. have we no power to see tlifit our own treaty is carried into ell'ect ? Have we no interest in doing so ? Have we no power ' We have stipulated for the pay- ment of two liundred and forty-.seven thousand dollars to the chiefs of the Creek nation, to lir di.ilrihiitiil aiinnig the. chiejK nut/ irarrioi's of that mdion. \f, not the dittrihutioii part of the contract as well as the payuiriil? We know that a few of those chiefs, in fraudulent violation of the rights .secured by that treaty, are aixnil to appropriate this money to tliemselves. Are we jMiwerless to prevent it? Nuy. must wo. too, suffer ourselves to Ik* made the conscious instruments of its consummation ? We have made a bargain with a .savage tribe .vhich you choose to dignify with the name cf a treaty. concermi sent, or eyes. V them art have the their con wo n' t tl hone 'Ay hOD'stv. < tho I- .iiti know^ iir triistei tl " w . F tive> .' ai( inte Med I the Secre chiefs con sisti'd by had coinbi those of n three fourl the sec(-:iil gin. The although I second con and from t to carry it were perfei ment by t is called tl Thomas L. soiii" stran frai.d, after before they ed. by an ai success of t IIou.se, ent suspecting t jected it. in; and a coniin CDiilerred or ascertained mittees, thei the great po ry of the del tribe. The sion. i.s, how —how .shall the abomiuii unprincipled jiosed by the plan i.s, to \ ilivided amo the direction council of tli^ Siippo.se the bi'fore them, under the ni k iind loftiest I lies of tlio luilfof -tho iiesented as was oH'ered leir fatluTS, milon tliiin. repared, the , niw treaty /e..« irciity.' la are sacri- i>f llu" lau'ls. (1 l.y the old id iiiisoj)hi- ;il(.'re.lril in povernuunt. th its know- wiiconstitu- 'rerk nation. i- Creeks to cludinji this Chrnikpvg — fanmr — are .Alts of the 'iiited States I the fiovern- fraud. deein'y*h (of tho IIoiiko of lleprcsentn- tivc' ) aid: iV stupendous fraud, it seen' , was into 'ted hy tlic delepation who h.wl formed, witli •J till' Secretary of War *he jw contract. Tlie chiefs compos. .ip the t reek diplomatic train, as- sisted by their Cherokee .secretaries of legation, had combined to put ii.u) their own jwckets. and those of a few select friends, somewhere about three fourths of the first payment to be ma:id cession of tho lands lying in (Jeor- pin. The f\icts connected with this transaction, althouph concealed from the Senate when the .second contract wa.s Iniforc them for ratification, and from the IIou.so wheu the appropriation bill to carry it into effect was under consideration, were perfectly understood at the War Depart- ment by tho Secretary, and by his clerk, who is called the head of the Indian IJureau (Mr. Thomas I,. McKinncy). The Senate havinp. by son>" stranpe fortune, discovered tlio intended fraiid, after the ratification of the contract, and before they acted on tho appropri ition bill, wish- ed, by an amendment to tJie bill, to prevent the success of the profitable scheme of villany. The IIou.se, entirely ipnorant of the facts, and not siispeetinp the motive of the amendment, had re- jected it. insisted uiM)n their disapreenient to it, and a connnittce of the two Houses, as usual, had conferred on the subject. Now, that the facts are ascertained by tho separate rejMirts of the (^)m- miltees, there can be no difTerence of opinion on the preat point of defeating the inteniled treache- ry of the delepation and secretaries to the Creek tribe. The only matter which can bear discus- sion, is, how shall the treachery be pvmished ? — how .shall the ('reek tribe 1)0 protected from the abominable designs of their worthless and unprincipled agents? Will the amendment jiro- poscd by the committee reach their object ? The plan is, to pay the money to the chiefs, to be divided among the chiefs and warriors, imder the direction of the Secretary of ^\'a^. in a full council of the nation, convened for the purixise. Suppose the council in .solemn session, the money befoix! them, and the ilivisiou about to be made, under the direction of the Secretary of War — ni.\v not the chiefs and their .secictaries claim the money, as |iromiseil to them under the treaty, and how will the Secretary or his agent resist the claim? They assented — the House will per- ceive that the only difficulty was the amount of the bribe. The .Secretary was willing to go as high as live thou.saud dollars, but could not stretch to ten thousand dollars. Notwithstand- ing the assent of the Cherokees, ami the declara- tion of the Swretary, that five thousand dollars each was the extent that they could be allowed, Kiilge ami Vann, after the treaty was signed, and before it was acted on by the Senate, or submit- ted to that bodv, brought a i)a|)er. the precious lis, of the [iricf f each traitor, for the inspection and information of the head of the bureau ami the head of the department ; and what answer d; they reeeive from both V The heana;5i • «, tho .seat of govermnent, imder tl, ' Kx> "utive eye, that this division which the nc, iiifor projM)sed to make of the spoil, may be tenned. j)ivt (Ttho consideration of the contract , It must be con- fessed that the.'-e exfjuisite . Sat dors were quite lilieral to themselves, tlu s -retaries, and particular frienils : one hundred itinl fifty-nino thousaml .seven hundred dollars, to be divided among .some twenty jK'isons, is pretty well ! What name shall we give to this division of ! money amonp them? To call it a bribe, would I shiK'k the delicacy of (he AVar |)c|i:irtment. and j possibly offend those pcntle spirited politicians, who resemble Cown-r's preachers. • who tould ^ not mention hell to ■ ars polite.' The transcend- 1 cut criminality of this design c.-iimot be well j understood., without recillin;; to reiollcction tho I dark ami bloody scenes of the year past. Tho j chief .Mcintosh, distinpui.shed at all times by hi.s courape ;iiid ticvolion to the wliitis. deriving his I name of the ^Vhite Warrior, from his mixed jia- rentage, h.id formed, with his party, the treaty of the Indian Springs. He wjis 'Icnounced fiir it. His midi>ight sleep was broken by the crackling flames of his (hvclling burning over his head. Kscaping from the flames, he w.is shot down by a paity acting under the orders of the persons who accused iiim of iK^traying. for his own selfi'-,h puriMLses. the interest of the tribe. Tho.se who condemnet)iiiio(l Troin individiials, if \m title liml Ih-'cii •liTiiifd st'ciiro. 'I'liis siilo of |)r()|K.'rty jrivi'ii f.() liiiii liy till' tribt!. was tin* foniiilatioii of tin- ciiliiiiitiiu.s that liavc Itouii lic-ii|ii-(l u|ioii liis ini'iiin- ry. and tlio faiisc wliicli, in tlu- vyvA of our ad- iiiiiiistiatioii nt'ws|m|n'r editors. scriijIdLTs. and rt'- vifwi'is, JustitltMl his oxccntion. Now, sir. tho cxcciitiom'rs are to ho rowardud hy piilaniiif; the piil(iid, succeeds him with $15,0(11) bounty. A (uw inches below comes another Itidge, the major, father to the .secretary — a gal- lant old follow, who did some .service against tlio liostile Creeks, during the late war, for which ho tie.servcd and received acknowledgments — hut what claims he had to this Creek money, Mr. F. could not coniprehcud. Probably his name was iised merely to cover another gratuity for the son, whose mo<]esty would not permit him to ^ take moro than $15,000 in his own name. These ' Cherokees were togetlier to receive $40,000 of Crick money, and the Secretary of War is of opinion it is ipiite consistent with the contract, which |irovides fur the distrihution of it among the chiefs and warriors of the Creeks. Look. sir, at the distinction miule for these extpiisites. Yo|K»thIe ^'oholo, whose word (ieneral (Jaines would take against lh<' congregated world, is set down for hut ^lO.dOO. The i-ittle Prince but iSlo.OOO. Flven Menawee, distinguished as he is as the leader of the party who murdered Mcintosh and Ktoini' Tustiinnuggee — as one of the accur^ed band who butchered three hundiet] men, women, and children, at Fort Minis— has but $10,000l A distinguished lied Slick, in these days, when kindness to Indians is shown in projiortion to their op|)osition to the |iolicy of the (ieneral Cov- ernment, might have expected better treatment — only ten thousand dollars to our enemy in war and in peace! Kut, sir, I will not detain the House longer. I should hold niy.self criminal if I had exposed these things unnecessarily or use- lessly. That patriotism only is lovely which, imitating the lilial piety of the .sims of the Patri- arch, seeks, with averted face, to cover the naked- ness of the country from the eye of a vulgar and invidious curiosity. Hut the commands of puhlic duty must he obeyed ; let those who have im- posed this duty upon us answer for it to the jK'ople." '• Mr. Tatnall. of Geo. (II. U.) lie was as con- lldeiit as his colleagues could be, that the foulest fraud had heen piojec^ted by .some of the individ- uals calling themselves a part of the Creek dele- gation, anil th.il it was known to the depart- ment of war before the ratidcationof the treaty, anil was not comniunieated b}- that dcpartnunt to the .Senate, either hefore or during the jien- dency of the consideration of the treaty by that body. Mr. T. said he would not, however, for the reasons just mentioned, dwell on this ground, but would proceed to state, that he was in favor of the amendment oli'ered by the committee of conference, (and therein he differed from his col- league), which, whilst it would etlectnally pre- vent the commission of the fraud intended, would, also, avoid a violation of the terms of • tlie new treaty,' as it was styled. He stated, that the list which he held in his hand wa.s, itself, con- clusive evidence of a corrupt intention to divide the greater part of the money among the h'W persons named in it. In this list, ditlerent sums were written opposite the names of dillercnt in- dividuals, such, for instance, as the following: : 'John liiilge, .tilbO.OOO— Jo.seph Vann, 15.(HM)' (both Cherokees, and not CreeW.s, and, therefore, not entitled to one cent). The next, a long and baibaroiis Indian name, which I shall not at- tempt to |ironounce, 'ijJlO.OOO ' — ne.xt, John Stcdhain, '^iJKVHjO,' &.c. This list, as it appears in the documents received fi-om the Secretary of AVjir, was |)rescnted to the war deoartmcnt hy IJidge and Vann." ■ m Titr. histo sioii (for ii sanctioned serves a pi of our gov into ohiivio was a nia.> during its national, ai tional ])olic the occasioi solution of some guide again occin which the became one It agitated I the two IIoi sions of par before whic between the to the duel I It was an a hy all the i It w,is evidi ing upon th which might which was tl find .Mr. C!a; House of II tiines of the annual nies.^ imagined for movement, ai; of the Anu-ric ling for their and presentin States to pla eldest sister i whose oxamp followed. Till a "Holy All 'iherty: it si the X(!W \\\)r dangers of div in it ; and tin ANNO 1826. JOHN QUINCY ADAMS, PKICSIDKNT. 40,000 of War \» of contraet, it auioiiK 8. Look, !X(iui.sito«. al (iuiiu'H jrlil, i« Ki't 'rinco l)tit vl aM hu in Mcintosh e accui^cd II, woinun, t ^10,000^ lajH, wlien ij)ortion to lUTUl 11 ov- treutnicnt .'iiiy in war detain tho criminal if lily or use- fly which, f the I'atri- tlw naked- vulgnr and lis of pulilic littve im- ir it to the was as con- tho foulest the individ- Creek dele- he de|mvt- ic treaty, jmrtimnt the jiin- ,ty hy that owever, for lis ground, as in favor imiuittco of i-om his col- ually liie- ,ed. woidil, the new that the itself, con- in to tlivide nj; the fi'W rent sums illercnt in- followiii;; : nn, ir).(Miu' , thenfore, a lojit? and ■all nut iit- icxt, John s it appears lecretary of artmcnt by CHAPTER XXV. TUE PANAMA MISdIUN. TiiK history of this mission, or attempted mis- hioii (for it never took ellect, thou|;h eventually sanctioned hy both Houses of Congress), de- serves a place in this inside view of tlic working of our government. Tliough long since sunk into oblivion, and its name almost forgotten, it was a master subject on the political theatre during its day ; and gave rise to e had fornieil II "Holy \l!i:>nce," to chet-k the prDjrress of iilicrty : it secimil jiist tliut the republics of the New World should coi'.fuderate against the dangers of despotism. The subject had a charm in it ; and the name ami place of meeting re- Vol. I.— 5 called classic and cherished rccollcctioniu It wa.s on an isthniu.s — the Isthmus of Panama— wliich connected the two Anu'ricos. tho Grociaa republics had their isthmus — that of Corinth— where their deputies assembled. All tho ad- vantages in the presentation of tho question were on the side of tho administration. It ad- dressed itself to the imagination — to tho pas- sions — to the prejudices; — and could only h9 met by the cold and .sober suggestions of roason and judgment. It hud the prestige of name and subject, and was half victor before tho con- test began ; and it required bold men to make head against it. The debate began in the Senate, upon tho nomi- nation of ministers ; and as the Senate sat with closed doors, their oljections were not hean!, while numerous presses, and popular speakers, excited the public mind in favor of tho mcasuro, and inflamed it against the Senate for delaying its sanction. It was a plan conceived by the new Spanish American republics, and prepared as a sort of amphictyonic council for the settlement of questions among them.selvesi and, to which, in a manner which had much tlie ap])carance of our own procuring, we hud received an invitation to send deputies. The invitation was most seduc- tively exhibited in all the adnunistration presses ; and captivated all young and ur lent imagina- tions. The people were roused : the majority in both IIou.ses of Congress gave way (many against their convictions, as they frankly told me), while tho project itself— our participation in it — was utterly condenmed by the principles of our con- stitution, and by the policy which forbade "en- tangling alliances," and the proposed congress itself was not even a diplomatic body to which ministers could be sent under the law of nation.s. To counteract the ellect of this outside current, tho Senate, on tho motion of Mr. Van liuren, adopted a resolve to debate tho question with open doors, " unless, in the ophiion of the Presi- dent, the publication of docuuients necessary to be referred to in debate should be prejudicial to existing negotiations:" and a copy of the resolve was sent to Mr. Adams for his opinion on that ; ]M)int. He declined to give it, and left it to the i Senate to decide for itself, "the question of an , unc.vamplcd dipnitnre from its own iisof^cs, and upon the motires of which, not being hiin- si'lf i) formed, he did not feel himself competent j /() decide." This refercnco to the motives of the I li THIRTY YEARS' VIEW. ineinlHTS, mid tho iiMigBl of the Sciiuti', with its dear iin|ilicati<)ii of (hu l)itihK.'.SH of unv, ami thu violation of tho otiicr. ;;iivc gn-nt oniiujc in the Senate, and even led to a jiroiKisition (made hy Mr. Ilowan of Kentneky ), not to act on tlic noni- inationH until tlie information I'eijneHted hIiouIiI ho ^iven. In tlie end the Si iiate reliii(|ni.slied the idea of a pnlilic dol)ate, and eontented itself with its pnhlication after it was over. .Mr. John Ser- geant of Pennsylvania, and Mr. Ilirhard Clark Anilerson of Keiilueky, were the ministers nomi- nated ; and, the (|ne>tion turning wholly upon the niissionitself, and not upon the persons nominated (to whose fitness there was no olijection), they were confirmed hy a close vote — 'J I to 2' I. The negatives were: Misma. Kentun, ISerrien, liranch, Chandler, Cohh (Thomas AV. of (Jeorgia), Dick- crson, Eaton, Findluy, llayne, Holmes of Maine, Kane, King of Alaiiauia, Macon, Kandolph, Taze- well, Kowan, \an iJnren, White of Tennessee, Williams of Missis>i|i|ii, Woodhury. The Vice- President, Mr. Calhoun, presiding in the Senate, had no vutv, thu constitutional contingency to authorize it not having occurred : hut he was full and free in the expression of liis opinion against the mission. It was very nearly a party vote, the dtimocracy OS a party, heing against it : hut of those of the party who vote), as hod not thrown off their Hubjec- tion. We were iit jH^aco with Spain, and could not go into any such council without (H)niprom- isuig our neutrality, and impairing tho integrity of our national character. Uesides the diflicul- ties it woulil involve with Spain, there was one subject specified in the treaties for discussion and settlement in that congress, namely, the consid- eratii.ii^ of future relations with the government of Haiti, which would have been a tia-brand in the southern half of our Union, — not tube han- dled or touched by our goverment any where. The publication of the secivt debates in the Senate on the nomination of the ministers, and the pub- lic discussion in the lloii.so of Ileprcsentativcs on the appropriation clauses, to carry the mission into ellect, succeeded, after some time, in dis- sipating all the illusions which had fascinated the public mind — turned thu current against tho ad- ministration — made the project a new head of objection to its authors ; and in a short time it would have been im|)ossible to obtain any con- sideration for it, cither in CongiX'S.« or before the jK'ople. It is now entirely forgotten, but deserves to be remembered in this View of tho working ot the government, to show the questions of policy, of national and constitutional law which were di.sciissed — the excitement which can bo got up without foundation, and against reason — how public men can betid before a storm — how all the departments of the government can go wrong : — and how tho true conservative power in our country is in the jieoplc, in their judgment and reason, and in steady ap[)eals to their intelligence and patriotism. Mr. Adams communicated tho objects of tho proiKjsed congress, so far as tho I'nited States could engage in them, in a special message to the Senate ; in which, disclaiming (II part in any deliberations of a belligerent character, or design to contract alliances, or to engage in any project imiiorting hostility to any other nation, he enu- merated, as the measures in which we could well take part, 1. The establishment of liberal prin- ciples of ( |K)sod coil the Amer taneoiis ai fiiility. .' free goods doctrine," the coiigri means, its ''olonizntio ») differen posed to guard all t Fiiiopean tliispas.sagi words. Th .nil the par e.ich will g establishnu within its I Uiis. more ( my predece suiting fron rican contin new sou t hoi an essential Those wore boon a mei filling the i] would emai enunciation himself, in Senate, was the Amcricai ifputies. 1 cation rendei be deceived ing to him, t to which it Tnited State Americas, ai from their sY own borders : tlie other stal each for itse guard its o\v that the Un pr.-ituitous pt .states, would such enterprit means, within tion from Eun Ji ANNO 182fl. JOHN CiUINCY ADAilS, PRESIDENT. m JMting fiUto tlio inutliur ing kIow to K)lte(l colo- fiift i — mid tliiniHt'lvcs, LT, and tliiil onH (Cul)a. lifir Hiiliji'i;- I, ai«l could t coniproiii- lio intogrity Ihc diflicul- lura was onu sciiK.sion and , the c-onsid- govornniunt lirebraiid in , to lic liaii- any wIuto. in tliL> Scnato and the pu))- sentativcs on the miitsion time, in dis- ascinatvd llib ;ainst thu ad- new head of short time it tain any Con- or before the jut deserves ic workinR ot ans of pohcy, which were m be got up reason — how —how all the go wrong : — ower in our idgmcnt and r intelligence jjects of the nited States message to 11 part in any ter, or design any project tion, he enu- ,e could well liberal priu- cipIoH of (•iiiiiiiK'rcial intcrroiirse, which he mi|)- |K)sed could lie U-st dont* in an oMHiinlily of all the Anu'i'ic.in states together. 2. The consen- tiineous adiiption of principles of maritime neii- tiiility. .'1. The doctrine tliat free ships make free gcMxls. 4. An agreement that the "^fonroc doctrine," OH it is called, shouhl bo adopted by the congress, each state to guard, by its own nicaiiH, its own territory from future Kuro|iean colonization. The enunciation of this do<'trinc, -,0 difllrent from what it has of hito U-en suj>- pDsed to l)e, as binding the United States to giuird all the territory of the Xew World from Kuropcan colonization, niukes it proper to give this passage from .Mr. An any such enterprise, but that each should use its own moans, within its own borders, for its own ccemp- tion from European colonial intrusion. 5. A fifth object pn)|)osed by Mr, Aflams, i'l which ho sup* |Mised our participation in the iiusiness of tho Panama congress might be righi'"ully ami bene- (Iciully admitted, ndateil to the advancement of religious liberty : and as this wo." a |N)int at which the mes.sage encountered .nu<'li cen-ire, I will give it in its own words. They are (lieso: " Tliere is yet another siibjec-', u|)on which, with- out entering into any treaty, the moral intiuiiico of the United States may, perhaps, be cm rted with beiu'llcittl influence at such meeting — tho advanix^'ment of religious lilwrty. .Some of tho southern nations an*, even yet, so far under the dominion of pnjudice, that they have incorjK)* rated, with their imlitical constitutions, an ex- clusive Church, without toleration of any other than the dominant sect. Tho abandonment of this last badge of religious bigotry ami oppre. placed ; " anr«;- sented by Mr. Macon, the chairman of 'he committee, and was drawn by Mr. Tuzew.ll, and was tho report of which Mr. Macon when complimented njwn it. was accustomed to aiHwer, 68 TniRTY YEAI5S' VIEW. ni Mil* ' * : " Yes : it is a good report. Tazewell wrote it." B".t it was his also ; (o- no po\ver could have made him present it, without declaring the fact, if he had not approved it. .The general principle of the report was that of good will and friend- ship to all the young republics, and the cultiva- tion of social, commercial and political relations with each one individuaMy ; but no entangling connection, and r > intenial interference with any one. On the suTgestion of advancing religious freetlom, the committee remark : '' In the opinion of this committee, there is no projKJsition, concerning which the people of the United State s are now and ever have been more unanimous, than t'ial which denies, not merely the exj)ediency, but the right of intermeddling with the internal affairs of other states; and espe- cially >f .seeking to alter any pi jvisiim they may have thought proper to adojit as a fundamental law, or may have incorporated with their |)oliti- cal constitutions. And if there be any such BiToject more sacred and delicate than another, as to which the United States ought never to intermeddle, even by obtru.sive advice, it is that which con ims religious liberty. The most cruel and devastating wars have been produced by such interferences ; the blooo.se of the United Slates to tli.scu.ss at the propo.sed congress, their plans of internal civil |)oliiy, or any thing touching the supposed interests of their religious establishments, the invitation given would soon be withdrawn." On the subject of the " Monroe doctrine " the report shows that, one of the new reptiblirs ((Colombia) proposed that this doctrine shotdd be enforced " by the joint and united efforts of all the states to l>o represented in the congress, who should be bound by a solemn convention to sefwre this end. It was in answer to this pro- position that the President in his message showed the extent of that doctrine to be limited to our •wn territories, and that all that we could do, would 1)0 to enter into agreement that each should guard, by its own means, against the es- tablishment of any foreign colony within its bor- ders. Even such an agreement the committee deemed unadvisablo, and that there was no more reason for making it a treaty stipulation than there was for reducing to such stipulations any other of the "high, just, and universally ad- mitted rights of all nations. " The favorable com- mercial treaties which the President expected to obtain, the committee believed would be more readily obtaine li'leil in th of the Uni and restrai existing c<> of America own limits their po.sscs while .so gu lidence. " The adva maintaining '' entangling presented ii " And till in hap|>ine> strict obser' of poli y, I and most pi must prepai upon an uni by little exj haven. I n isting betwi in interest, c customs, lia particular : nuist surely erate discord hope of its f even success direful contii been the iss time ; and w ex|)ect iu the causes. The comm on the point withojit the Senate Th( so : but deen cinustances, i vice. The c( Senate to de( thi-i new mis originality, ar Ls to be instit not the fillinf have A right 1 office itself. I spoke ni) points which relations witl was to be det ANNO 1826. JOHN QUINCY ADAMS, PRESIDENT. 69 that each nst tho cs- >in it« l)or- committcc was no stipulation tipulations crHally ml' )rablc coni- jxpcctt'd to (1 be more larately (in en jiistilicil onltl he tlie the sinullcr itions of tlic proposed, in 1 neutrality, goods, and ere dcenied he enforre- and tlic cn- lit brinj; the the T'niU'd ;hc policy of cse nations, rts of public Porto llict), tntes could tual condi- ated any action to ties ; and it olicy was fixed, and could bo neither altered, iior discussed in any foreign a.s- sembly ; and esi)ocially in the one proposed ; all tho other parties to which had already placed tho two races (block and white) on the ba.sis of political equality. I said : " Our policy towards IlaJti, the old San Do- mingo, has been fixed for three and thirty years. We trade with her, but no diplomatic relations have been established between us. We purchase coffee fronj her, and pay her for it ; but we inter- change no consuls or ministers. We receive no midatto consuls, or black ambassadoi-s from her. And why ? Because the peace of eleven Slates in this Inion will not permit the fruits of a suc- cessful negro insurrection to be exhibited among them. It will not ])ermit black consuls and am- bassadors to establish themselves in our cities, and to {Mtradc through our country, and give to their fellow blacks in the United Stales, proof in hand of the honors which await them, for a like successful effort on their part. It will not permit the fact to be seen, and told, that for tho murder of their masters and mistresses, they are to find/ru'Hf/y among the white jMople of these Unitetl States. No, this is a question which has been determined hkhe for three and thirty- years ; one which has never been open for dis- cussion, at home or abroad, neither under the Presidency of Gen. Washington, of the first Mr. Aflams, of Mr. Jefferson, Mr. Maib- , lication in a Philadelphia paper ; and the other, that ho stood pledge quiries I had made were for my own satisfaction and u|)Oji my own responsibility — that the only mes.sagc of which I was the bearer was m writing. I then presented the note, and remarkes referred to ; that he had nientimi- ed them merely to remind me that he was wiii\ ing his jirivilege, not only as a .senator fioni Virginia, but as a private gentleman ; that lie was reatly to res|>ond to Mr. Clay, and would be obligetf to me if I would bear his note in re- ply ; and that he would in the course of the duy look out for a friend. I declined being the benr- er of his note, but informed him my only reason for declining v.-as, that I thought he owed it to himself to consult his friends before taking .^u important a ste]). He .seized my hand, saying. ' You are right, sir. I thank you for the sn^- I gestiop : but as you do not take my note, you { must not be impntient if you should not hear Iniin j me to-ur|)0.sc, and which he would neither surrender nor com- promise ; as individual he was ready tr, nivc satis- faction for what was deemed an injury. lie would receive, but not return a fire. It was as much as to say : Mr. Clay may fire at me for what ha.s ofrendc attack him, which they did inccs.santly ; and '.ic cho.sc to overlook the editors and retaliate tipon the instigators, as he believed them to be. This he did to his heart's content in that speech — and to their greatannoyana>,asthecomingofthechal- lenge proved. The " two friends" alluded to wore Col. Tatnnll and myself, and the circumstances which might disf|ualify one of the two were those of my relationship to Mrs. Clay, of which he did uot know the degree, and whether of ailinity or con.sanguinity — con.sidcring the iii>t no obstacle, the other a complete bar to my appearing as his second — holding, as he did, with the tenacity of an Indian, to the obligations of blood, and laying lint little stress on marriage connections. His iiirnble reception and courteous demeanor to fJen. .losupwerenccnrilingtohlsown high breeding, and the decorum whicli belonged to such occasions. .\ duel in the circle to which he belonged was '*an alliiir of honor ;" and high honor, according to its code, must jiervade every part of it. General Jesup had come upon an tmplea.sant business. Mr. Randolph detenninitl to put him at his ease; and did it so effectually as to charm him into ad- miration. The whole plan of his conduct, do^vn to contingent details, was cast in his mind in- stantly, as if by intuition, and never departed from. The acceptance, the refusal to explain, tho detennination not to fire, the first and second choice of a friend, and the circumstances which migV.t disipialify one and delay the other, tho ad- ditional cut, and the re.'iolve to fall, if ho fell, on tho soil of Virginia— was all, to his mind, a single emanation, the fia.sh of an instant. He needed no consultation.s, no delibei-ations to arrive at all these im])ortant conclusions. I dwell upon these small circumstances Ix'causc they are character- istic, and show the man — a man who belongs to history, and had his own history., and should bo known as he was. That character can only be shown in his own conduct, his own words ami acts : and this duel with ^Ir. Clay illustrates it at many points. It is ui that |H)int of view that I dwell ui)on circumstances which miglit seem trivial, but which arc not so, la-ing illustrative of char- acter and significant to their smallest particulars. The acceptance of the challenge was in keep- ing with the whole proceeding— prompt in ti»e agi'ceinent to meet, exact in protesting against the lif^ht to call him out, clear in the waiver of his constitutional privilege, brief and cogent in presenting the case as one of some reprehension — the case of a memlK'r of an administration'' challenging a .senator for words spoken in do bate of that administration ; and all in brief, terse, and sui)erlatively decorous language. It ran thus : " Mr. Randolph accepts tho challenge of Mr. Clay. At the same time he protests against tho right of any minister of the E.\ecutive ( iovernment of the United States to hold him responsible for words spoken in debate, as a senator from Vir- ginia, in crimination of such minister, or the ad- ntinistration under which he shall have taken ofiice. Colonel Tatnall, of Georgia, tho bearer of this letter, is authorized to arrange with (ien- eral Jesup (the bearer of Mr. Clay's challenge) tho terms of tho meeting to which Mr. Randolph is invited by tliat note. " This protest which Mr. Randolph entered against the right of Mr. Clay to challenge him, led to an explanation between their mutual friends on that delicate point — a point whick \ concerned the independence of debate, tho pri- 4 ''I .y ,1 J -'< '• I h 72 THIRTY YEARS' VIEW, vileges of the Sonat' 'he iniiniinity of n mem- ber, and the sanrtitj, if llie ronstitiition. It was a point which Mr. Clay folt ; nml tlie expla- . nation which was had iM-twwn tlie mutiia! friends presented an i'j.oiiso, if not n justification, for Iiis procccdinjT. Ho had hccn iiilbrmcd that Mr. Randolph, in liis spcco)!, hiwl avowed his rospon- eibility to Mr. Chiy. and waived his privih'fje — a thins which, if it had been done, would have been a dellanco, and s'oixl for an invitation to Mr. Clay to send a chalk'ii(;e. )Ir. Randolph, throu{;h Col. Tatnall. disavowed tliat imputed avowal, and confined liis waiver of privileire to the time of the delivery of the i lialli n^'e, and in answer to an inqiiiry befoiv it was delivered. The followin}; are the cotnmunications between the respective K'conds on this point: " In rcfrard to the prod'st with which Afr. Randolph's note condurles. it is due to Mr. Clay to sa}' that he had been informed Mr. Itandnlph did, and would, hold him-elf responsil)Ie to him for any observations he inifrhl make in relation to liim ; and Unit I ((»en. .lesup) distinctly un- dei-stood from Mr. Uaudolph, before I delivered the note of M". Clay, that he waived liis privilege as a senator. " To this Col. Tatnall replied: "As this expression (diil and would hold him- self responsible. Ac.) may be const iiied to mean that Mr. Ibindolph had pvcii this intimation no! oidy before cailcd nj)o». but in such a mann-r w to throw out to Mr. Clay somethiiij;; like an invitation t on the |iart of Mr. liandolph was hi reply to an inquiry on that , point mode b> your.self. " , ThH.s an irritating circumstance in the aflair was virtually 'ii;iitived. and its oJl'ens; e import whol- ' ly disavows*. For d- v ji ;;rt, I do not believe that Mr. Uandolph m <• 'ich la. nape in his s|>i'ech. I have no rccolleciii-u of havinji; heai'd it. The publishc'ii r^po -t of iiio sj et."?b, as ♦akeii down b . ' tlio rcp>,r!"r ••> mv \\>i revised '>y Mi speaker i >ii- tains nothj^{.» oi it. 'dnv\v t/rconadc was I'ln-ign ! to Mr. Randolph's character. The occasion was not one in which the.se sort of defiances aro thrown out, which arc cither to ])urcha.se a cliepp reputation when it is known they will bo despis- ed, or to pet an advantage in extracting a chal- lenge when there is a design to kill. Mr. Ran- doljjh had none of these viewa w ith rcsjicct to Mr. Clay. He had no desire to fight him, or to hurt him, or gain cheap character by appearing to I>ully him. He was above all that, and had .settled accounts with him in his N|)cech, and wonted no more. I do not believe it wis said; but there was a part of the spiH-ch which might have received a wrong application, and led to the erroneous report: a part which applied to a quoted pa.ssago in Mr. Adams's Panama message, which he comlemned and denounced, ond daiel the I'lX'sident and his friends to defend. His woifls were, as reported unrevised: "Here I plant my foot ; here I fling defiance right into his (the President's) twth ; hen^ I throw the gauntlet to him and the bravest of his compeers to come forward and defend these lines," Ac. A very i)alpalile delianco this, but very difl'eri'nt from a summons to personal comb.it, and from what was related to .Mr. Cl.-iy. It was an unfor- tunate report, doubtless the elfect of imlistinct apprehension, and the more to be rcgix'tted a.-;, niter having been a main cause inducing the challen;,'e. the disavowal could not stop it. Thus the agiH-inuiit for the nieeting was ab- .soliite ; and, according to the expectation of the princijials, the meeting itself would be imme- diately ; but their .seconds, frcnn the most laud- able feelings, detennined to del.iy it, with the hope to jirevent it, and did keep it otf a week, admilliiig me to a participation in the gmid work, as being already priv}' to tlu; adiiii and fiienilly to both parties. The challenge stated no specifa; ground of oU'encc, specified no exce|itioiiable words. It was iiereniptory ami general, for an "unprovoked 'ittack on his (Mr. Clay's) char- acter, " and it dispeii.sed whh explanations hy alleging that the notoriety and indisputable ex- istence of the injury siiperseiled the necessity for them. Of course this demand was bottomed on a rejmrt of the words s|)oken — a verbal report, the full daily publication of the debates having not then begun — and that verbal rejKirt was of a character greatly to exaspi-rato Mr. Clay. It slate|i it. 1'^ wtv^ a!)- tion of the lie imnic- nidst iaiid- . with the If ii wi'ck, piHMl work, id friunrt was of Clay. It Mr. Ran- " That a letter from General Salazar, the Mexi- can Minister at Wa-thinuton, Kubmitted by the p'.xenitive to the Senate. Imre the ear-mark of hiivinjj Itcen manufactured or forpeonsiblc for all that he had said. " This wan the report to Mr. Clay, and iijwn which he gave the absolute challenge, and re- ceived the absolute acceptance, which phut out all imptiry between the principals into the causes of the quarrel. The seconds determined to oi)cn it, and to attempt un accommodation, or a |)eaceablo determination of the ilifliculty. In consequence. General Jesup stated the complaint in a note to Col. Tatnall, thus: " The in jury of which Mr. Clay complains con- Hists in this, that Mr. Uandolph )ias charged him with !iaviu<; forged or manufactured a pai)cr c<>pular (|iieslion contrary to our policy of non-entanglemiiit with foreign na- tions, in sending ministers to the congress of the American states of Spanish origin at the Isthmus of Panama. I heard it all, and, though sharp and cutting, I think it might have been heard, had he biteu present, without any nuinifestution of resentment by Mr. Clay. The part which ho took so seriously to heart, that of having tho Panama invitations manufactured in his ofllce, was to my mind nothing more than attributing to liim a diplomatic su|)eriority which enabled him to obtain from the South American ministers the invitations that he wanted ; ami not at all that they were spurious fabrications. As to tho expression, " hlarkltir utid jmrittin, " it waa merely a sarcasm to strike by antithesis, and which, lieing without foundation, might have ln'cn disregarded. I presented these views to tho parties, and if they had come from Mr. Hanilolph they ntight have In-en sullicient ; but he was in- exorable, and would not authori/e a word to bo said Iwyond what he had written. All hope of accoinuKHlation having vanished, the seconds prweeded to arrange for tlie duel. The afternoon of isatunlay, the Mh of Apiil. was fixed u|Mm for the tune ; the right bank of tho Potomac, within the State of Virginia ibove tho Little Falls briflgt-, was the place, — pistols tho weaitons, — distance ten paces ; each |iarly to bo attended by two seconds and a surgitm and iny- Si'lf at liberty to attend as a mutii.il friend. There wits to Ixi no |)raetisiug with p >ls, and there was none ; and the words " one ' two, " '• thix-e, " '• stop, " after the word " i ' were, 1*3' agreement between the seconds . Oir tho hunuine purjsjse of R-duciiig the ri >i
  • -hock at seeing him brought back. Ho wanted some gold — that coin not being then in circulation, and only to bo obtained by favor or purchase — and sent his faithful man, Johnny, to the United States Branch Bank to get a few jtieces, American being the kind asked for. Johnny returned without the gold, and delivered the excuse that the bank had none. Instantly .Mr. Randolph's clear silver-toned voice wils heard alwvo its natural j)itch, exclaiming, " Their name is legion ! and they are liars from the be- ginning. Johnny, bring me my horse." His own saddle-horse was brought him — for ho never rode Johnny's, nor Jithnnj' his. though Initli, and all his InmdnMl horses, were of the iinest English blood — and roslo off to the bank down Pennsylvania avenue, now Corcoran & Riggs's — .Johnny following, as alwtt3's, forty paces behind. Arrived at the bank, this scene, according to my informant, took place: " Mr. Randolph aske«l for the state of his ac- count, was shown it, and found to be some four thousand dollars in his favor. He asked for it. The teller took tip packages of bills, and civilly asked in what sized notes ho would have it. ' I want money,' saieginning to understand him, and willing to make sure, said, incpiiringly, ' You want silver V 'I want my money ! ' was the reply. Then the teller, lifting boxes to tiie counter, said i)olitoly: 'Have you a cart, Mr. Randolph, to put it in?' 'That is my busin.iss, sir.' said he. By that time the at- tention of the cashier (.Mr. Richard Smith) was attnicted to what wa.s going on, who came up, and understuudiiig the question, and its cause, told Mr. Raiidol) given to his should huvc In fact, lu which he w brought aboi were receive with ; but tl check taken returned am I was to ojM' if ho was no read before a request to was killed, believe nine- Fame nundie make seals ti were all thre and soon sat ill a carriage, I have airo quick after ; reason which To .Mr. RaiKl who, though to be hit. thi.s mid (piick an sc'iited no obj( ferent. Witl aiul gave rise ftteness in c( communicate( Mr. IlandolpI ami. aided I ground, unset niination whii Clay. I now '• When I t llio manner ii presst-'d soint accustomed t not be able t' ii'iison alono I mentioned Clay. He i liinc must be ri-iet it.' 1 jirolongiiig tl would ac" ground was heinj; marked olf; liroiif^ht al)Out a compromise. The pieces of gold were received, the cart and the silver dispensed with ; hut the account in hank was closed, and a chock taken for the amount on New- York. He but on s|K>aking to Jolmny, Mr. Himdolpii, who was still in liis carriage and heard my voice, looked out from tlie window, and haid to me : " Colonel, since I saw you, and since I have been returned and delivered me a scaled paper, which '" ^•>'« ratriagi', I have heard something which I wa« to open if he was killed— give back to him '»>"!/ make me change my determination. Col. if he was not ; also an open slip, which [ was to Hamilton will give you a note wiiich will explain read before F got to the ground. This slip was j "t-" t-'ol- Hamilton was tlien in the carriage, a request to feel in his left breeches |)Ocket, if he i nn«l Rnve me the note, in the course of the even- was kille which he pron.)unce^' preparations for the duel were tinished ; the quick after giving the word "lire," and for a ; parties went to their places; ami I went forward reason which could not be told to tho principr ' j '» » l''*-'cc of rising groun.l, fnnn which I coidd To Mr. Ranilolph, who did not mean to fire, ar . , «"' "^^at passi-d ami hear what was said. The who, though agreeing to be shot at, had no desire ^ fnitl'f"! ''ohnny followed nr ■ : -, s|Ku»king not to be hit, this rapidity of counting out the time a word, but evincing the d. i- ; .nxiety for his nnd (juiek arrival at the connnaiul "stop" pR"- , beloved master. The plwre win a thick forest. scMited no objection. With Mr. Clay it wa.s dif- ""'^ ""- ""'mi-diate s|)ot a little depression, or ftient. AVith him it was all a real transaction, '"i^^'' '" «'''«"'' t'>e parties slowl. The princiinils and gave rise to some proposal for more deliber- saluted each other courteously as they ttxik their nteness in counting off the time; whi(!h being | "tands. Col. Tatnall had won the choice of po- cunuuunicated to Col. Tatnall, and by him to s'l'»". "'•''c'' t-'a^*^^ '•> <'^'»- •'<'*"l' t''^' ''^'''v«ry of Mr. Hiindolph, nod an ill etlect upon his feelings, *''" "■«^''*'- '^h-y stood on a line ea.st and west— and. aided by an untowai^r accident on the » >*"iall stump just behind Mr. (lay ; a low ground, unsettled for a moment the noble deter- i K'a^t-lly bank rosi- just behind Mr. Uamlolph. niination which he had fonntnl not .o lire at Mr. '^'''''^ 'a"er asked Cen. Jcsup to repeat the word as he would give it ; and while in the act of doing so, and Mr. Randolph adjiistuig the butt of his pistol to his hand, the mu/./.le |Miinting down- wards, and almost to tlir ground, it lired. In- stantly Mr. Randolph turned to Col. Tatnall anil Clay. I now give the words of Gen. Je.sup : '•When I rejK'ated to Mr. Clay tin* 'word' in Uie manner in which it would b<' niven, he ex- ))re.s.sed some apprehension that, as he was not accustomed to the u.se of the pistol, he might not be able to lire within the time, ami for that said : " I proteste"<''>' dohn.son, of Louisiana ic'^ivt it.' 1 informed him I did not insist u|)on (.Io.>iah) oneofhissecoiui.s, w.l^••arr>mgit tohim, proionging the time, ami I was sure Mr. Clay ami still several steps from him. 'ibis untimely would lUHiuiescc. The original agreement wa.s ,. , ,, ,^.^^, ^„ ,^,,^.i,,^.,„ „,,.,„„^,,i,,. ,0 earned out." ' ^ • .... ris*' to some remarks, and a species ot iiu|Uirj', I knew nothing of this until it was too late to which was conducted with the utmost dilicary, Bpiak with tho seconds or principals. I had 1 lulwhk:h,in itself, waaufanaturetoln'ine.vpieti- Nya .1 ' f m 76 TnniTY YEARS' VIEW. n sibly pninrul t<» a jji-ntlfinnii's fMtlinf:;**. Mr. Clay gto|»|M?il it witJi till' pt'iKToiiH remark that the fire vrus . K-nrly uti acfidi-nt : and it was ho iinani- inously o done, Mr. Clay said, with that wave of the hand with whi<;h he was accustome|M)«ieek not his death. I would not have bis lilninl u|H)n my hands — it will not be tipon my soul if shed in self-defence — for the world. He has de- termined, by the use of a long, iireparalorv cau- tion by words, to get \.\\\w to kill me. .May 1 not, then, f (!tn. Jesup, already given, that this •' injur maliitii " was a misapprehension : that Mr. Clay had not anj;!'ed for a prolongation of time for the purpose of gciting sure aim. but cmly to enable his unused hand, 1< ng unfamiliar with the pistol, to lire within ihe limited time; that there was no pro- longati in, in fact, either granted or insi.steil u|Min ; but lie was in doubt, and (ieneral Jesup having won the word, he was having him rejH'ut it in the way ho was to give it out, when his tiiij;er touched the hair-trigger. How unfortunate that I did not know of this in time to speak to (ii n- eral Jtsi-p, when one woni fir)m him would have set all right, and saved the imminent risks incur- red ! This inquiry, "May I not disable him?" was still on Mr. Randolph's mind, and dependent Cor its solution on the rising incidents of the moment, when the accidmtiil lire of his pistol gave the turn to his feelings which solved the doubt, liut he declared to me that he had not aiineaiiil ; •' for the kntt-;" and s|Hjil uty of I'x- no sludii'd lall \w\vT Could iiul liinlilj'ully attred by tiihutunj )st, utterly uny thih;^' )silivt' (li'c- nixt firu. i. and kt'|it llion knew to Ik! tlio only one in dan-jiT, I saw him n-ci-ivc thi' tire of Mr. Clay, saw tin- pravil knocked up in t!iu saniu |ilace, saw Mr. !(andol|ih rui.sv hm jiistol — discharRu it in the air ; heard him Kay, ' / do not fre at you, Mr. Clay j' and immetli.tely advnnciii}; and ottering his hand. He was met in the same spirit. They met half way. shook handt*, Mr. Uandolph sayinj;, jcn-osely, ' You o',ri'. vir a root. Mr. rY«y— (the Imllet had parsed through till' skirt of the coat, very near the hi])) — to whiili Mr. Clay promptly anroii;;ht. I stopin-d to sup with Mr. Itandolph and his friends — none of \is wauled dinner that day — an nuinrties exchanged card.s, and social relations were formally and courteously re- stored. It was ulxiut the last high-toned due) that I have witnessed, and among the highest- toned that I have ever witnes.sed, und ho happily •xmilui'ted to a fortunate issue — a result due to the noble character of the seconds as well as to the generous ami heroic .spirit of the principals. Certainty rationsof thai body, — the deaths of two Vice- Presidents during his time (.Messrs. Clinton and (ierr}), nml tiie much absence of another ((iov. Tompkins), making long continued vacancies in the President's chair, — whi«'h he was called to (ill. So many elections, and such long es|)eaks an eminent litness both for the place of Senator, anntive to his duties, exemplary patience, jieriict knowledge of the rules, (piick and clear discernment, uniting altsoliitc llrmness of purpose, with the gre»te.«* gentleness of mamiers, setting young Senators right with n delicacy and amenity, which spared the cy an old woman, depriv- ed France, for the benefit of other countries. CHAPTER XXVIII. AMKN'ItMKNT OK TlIK «'()\STlTrTION IM KKr.A- 'IKi.N TO TlIK KI.KCTIO.N OK I'lIKSlUhNT ANIi VUKI'liKSIKKNT. TlIK attempt was renewed at the session of 182')-'2(i to procure nn amendment to the con- ftitutioM, in relation (o the election of the two first iii.i^isfratc- of the repiililic, so as to do away with oil intciinediate ii^reiiciert, and {five the elec- tion to the flinrt vote of the jieople. Several Bjx'cillc propositions were offered in the Senate to that eU'eit, and all sulistitiited liy a general jiroposition snhmitted l)y Mr. Macon — "that a select committee he niHMjintec! to rejiort upon the best and most practicable mode of ek-cting the President and Vice-President:" ami, on the mo- tion of Mr. Van Fhnen, the number of the com- mit tt-e wa.s raised to nine — instead of five — the usual number. The members of it were ap- ixiintwl by Mr. Calhoun, the Vice-President, and were carefully .selected, both gvognipliically a.s coining from diilerent .sections of the I'nion, and jjersfjiially and politically as Ixniig friendly to the object and known to the country. 'I'hey wen-: Jfr. Heiilon, cliainiian, Mr. M.icon, Mr. Van Buren. Mr. Hugh 1,. While of Tennes.see, Mr. Findlay of Pennsylvania, .Mr. Dickerson of New Jersey, Mr. Holmes of .^faine, .Mr. Ifayue of South f'aroliiiM, and Col. Hichard M. Jobii.^on of Kentucky. The committee agreed ujK)n a projKjsition of amenduKiit, di.spensing with eletv tors, juoviding for di.strict.s in nluch the direct vote of the |K>oplc wait to Ih; taken ; anil obvia- ting all excuse for caucuses and conventioiiH tu coiM-entrate public opinion by pro|)osiiig a sicoiul cUvtion iK'tween the two highest in the event of no one receiving a mojority of tlie whole number of diNtrict votes in the first election. The plan rejwrted was in these words : "That, hereafter the President and Vice-Pres- ident of the I'liileil States sliall \tv chosen by tho Peojde of the resiteetive States, in the nianmr following: Kiu-h State shall be divided by the legislature thereof, into districts, e(|ual in nuiii- Ikt to the whole nuinlK-r of senators and repre- sentatives, to which such Slate may be entitled in tlie Congress of the I'nited Stales ; the said distri<'ts to la' coin|K(Sed of ci atiguous territory, and to contain, as nearly a.s nut} be, an eipml numlKT of persons, entitled to be represented, under the constitution, and to U- laid oil', tor llm first time, immediately after the ratilicaliun of this amendment, and afterwanis Ht the session of the legislature next ensuing the appoiutiiient of representatives, by the Congress of t he I'nited Slates ; or ol\ener, if deemed nivessary by the State; but no alteration, after tlie first, or after each decennial formation of districts, shall take effect, at the next ensuing election, after such alteration is made. That, on the first Thursday, and succeeding Friday, in the month t>f .AngiiNt, of the year one thousand eight hundred ami twenty-eight, and on the .same days in every fourth year thereafter, the eilzens of each Stale, who possess the qualifications requisite for elec- tors of the most numerous bn nch of the State Legislature, shall meet within their res|H'ctive districts, and vote for a President and Vice- President of the I'nited States, one of whom, at least, shall not Ix; an inhabitant of tlie same State with him.self: and the |mt.sou receiving the greatest number of votes for President, and the one receiving the greatest number of voles for Vice-President in each district shall be holden to have received one vote : which fact shall be im- mediately certified to tlie (Jovernor of the State, to each of the senators in t.'ongress front such State, and to the I'residenl of the Senate. The right of aflixing the places in the districts at which the elections shall be held, the manner of holding the same, and of canva.ssiug the votes, and certifying the retiirn.s, is reserved, exclu- sively, to the legisliitiiivs of the States. Tlio Congress of the I'niled States shall be in session on the.second .Monday of October, in the year one thousand eight hiindrerland twenty-eight, and on the same day in every fourth year Iherealter : ami the I'residenl of the Scuate. in the presence of the Senate and Mouse of Kepresenlative.s, .shall open all the certilicales, and the votes shall then be counted. The person having the greatest number of votes for President, shall be Presi- dent, if such numlM-r be eipial to a majority of the whole number of votes given } but if uo per- gon have shall Im> Ik ceeding Frit next ensiiit two highest which secoi n'sult certi same manm ing the grea shall l)e the sons shall h niimlK-r of House of H them for Pr constitution, number of election, slii nunilMT Ik? number of such niajorit place, iH'twei numlK'rs. on lion is held I the highest shall lie the |M'r8ons shal of votes in tl shall choose now provide! second elect i of Vice-Pres of President, Pn'sident, fj highest nunti prescribed in The proniii are : 1 . The vote of the p( the two high( majority of mode of cleci wnulil be to which the »el is now taken iisuriH'd by » sible bodies,- cr, and di.sint tiiemselves. text for cauct the House of •State is bulai received a ini tricls in the principle th govern — is s majority, t!u popular nomi nation by tb( Hiul obvia- t'litioiiH tu ig II scfuml fvenl of )li- iiiinilH'r 'I'lic plan Vicc-Pn'R- iseii liy ihe le nmiiiKi- ktl l>y tlic tl in inim- iiiiil ri'|>n'- 1)1- I'lilitlcd ; tlif Miid ■< tcllitoiy, ', an <'i|iiiil r|insfnt('i|, oti; lor till! Ilcation ol' Ihi' W'^sioii [i)«iintin(>iit the Ciiittd uy J)y tlic ■st, or nlltr sbitll take alU-r siicli TlnirMlay. Ill" An;rii>t, nili'ol aiiil s in I'vcry rncli State, tc for I'lic- tlio State ('S|H'ctivu ml Viit'- wlioiii, at t?it' samu ivinfrtlie anil tliu vt)t«'.s I'or IioIiK-n to II 1)1' iiii- tho State, inm such »tf. Tho Iricts at luiiniT of tliu votos, d, fxclii- c-s. Tlw in session year Olio t.iuiil on ilti-r: ami since of ives, shall hall then (greatest be I'rcHi- ajority of il" uo per- ANX«» IHJ.V JOHN tillNCY AHAMS, riU'-SlDKNT. 79 »on linvo sueh majority, then n second e!e<'tion ' two the election \n 8ine to lie made on the soc- Hlmll Ih" held, on the tlrst Thursday and Htic- cciilinn Fritlay. in the month of l)eceml)er, then next cnsninK, iK-twwn the iK-rsonn havinjj the on olllce of President : whit'h Ki'cond election shall be c«ndu<'ted, the n-sult Ci'rtilled, and the votes counted, in the same manner a.s in thelirst; and the intsoii hav- iii); the ^rrealest niimlH.T of votes for President, shall Im; the President. Hut, if two or more per- J and to Have in that cnso the trouble of u third lM>pnIar election, a resort to the House of lit p- resentatives is allowed ; it Itein;; iiittiniuillij iiii- im|M)rtant which is elected where 11 caiidiilatc.s were exactly equal in the public esuiiiation. — HonK shall have rw ""><''t "fa «l^'f 'l'^'-" >'}■«'''"', «hich has faile.1- plare,lH'twccn the iH-rwms having the two hifjhest I tho overthrow of usurping b(Mlies, which huvo numl)cr». on the same day that the second elec- .seized uimmi the elect, )ns — and the preservation to tion is held for President, aii.l the |K.«r.son liavin- j,,^. ., ,^. „f j,,^. i,„siness of .seleotinjr, a. well i» the hiL'hest number of votes for > ice- President, i , . ' , . , . • «, n. Tluse reforms mode of election. — Tho advantages of this plan | are for the beneilt of the jn'ople. and should be- titutioii itself, verv ?ase. ha.s would be to get rid of all the machiuery b}' which the teltctton of their two first magistrates gill with the people; and the cii-.i« sensible of tlm necessity in this is now taken out of tho hands of tho people, and j very wisely matk' i)rovision for the jKipular initi- ative of constitutional amendments. The fifth article of that instrument gi^ -; the power ofln.'- usiirjK'd by self-constituted, illegal, and irrespon- sible bodies, — and place it in tho only .safe, prop- er, and di.sintcrestcd hands — tho.se of the people 1 ginning tho reform f itself to the States, in their themselves. If adopted, thero would bo no pre- legislature as well as to the federal government text for cauciLSi'S or conventions, and no resort to in its Congress: and there is the place to the House of Itepresentatives, — where the largest bcgii State is balanced by the smallest. If any one lii- i received a majority of the whole number of dis- there should he no despair on account of the fail- tricls in the lirst election, then the democratic uies already suirercil. No great reform is carri- ' principle the (femo» lrateo—i\w majority to ^ suddenl}'. It requires years of jK-rsevei iig ox. r- govern — is satisfied. Ff no one receives .such;tioi. to prod m-o the unanimity of opinion wh !i majority, then the first election stamLs for a is nt<;e.s.sary to a givat jKipular reformation: bit and before tho i)eoi>lo themselves in elections to the general a.ssemlily. And popular nomination of the two highest — a nomi- nation by the people them.selvos — out of which Ix'caiisc it is difUcult, it is not impossible. Tho greatest reform ever effected by [waceful means li) ■■ fm ^!?!^»i > IMAGE EVALUATION TEST TARGET (MT-3) /. ^^ ..^4fe. 1.0 I.I laiM |2.5 |io ■^" H^B ■^ U£ i: ^ k£ 12.0 12.2 im 1.25 III 1.4 1.6 ^ 6" ► V] n 7 ^5 Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER NY. M580 (716) 872-4503 ^\ '^ <> ^ij »^. '^ -""^ ^' •■!■■ J'. Ji-.l !■ 80 THIRTY TEARS' VIEW, in tlie history of any government was tliat of the parliamentary reform of Great Britain, by which the rotten boroughs were disfranchised, populous towns admitted to representation, the elective franchise extended, the House of Commons puri- fied, and made the predominant branch — the master branch of the British government. And liow was that great reform effected ? By a few desultory exertions in the parliament itself? No. but by forty years of continued exertion, and bj' incessant appeals to the people themselves. The society for parliamentary reform, founded in 1702, by Earl Grey and Major Cartwright, suc- ceeded in its efforts in 1832; and in their success there is matter for encouragement, as in their conduct there is an example for imitation. They carried the question to the people, and kept it there forty years, and saw it triumph — the two patriotic founders of the society living to see the consum- mation of their labors, and the country in the enjoyment of tho inestimable advantage of a " Reformed Parliament." CHAPTER XXIX. REDUCTION OF EXECUTIVE rATEONAOE. In the session 1825-'2G, Mr. Macon moved that the select committee, to which liad been com- mitted the consideration of the propositions for amending the constitution in relation to the elec- tion of President and Vice-President, should also be charged with an inquiry into the expediency of reducing Executive patronage, in cases in which it could be done by law consistently with the constitution, and without impairing the effi- ciency of the government. The motion was adopt- ed, and the committee (Messrs. Benton, Macon, Van Buren, White of Tennessee, Findlay of Penn- sylvania, Dickerson, Holmes, Ilayne, and John- son of Kentucky) made a report, accompanied by six bills ; which report and bills, though not acted upon at the time, may still have their use in showing the democratic principles, on practical points of that day (when some of the fathers of the democratic church were still among us) ; — and in recalling the administration of the govern- ment, to the simplicity and economy of its early days. The six bills reported were. 1. To re- gulate the publication of the laws of the United States, and of the public advertisements. 2. To secure in office the faithful collectors and disburs- ers of the revenue, and to displace defaulters. 3. To regulate the appointment of postmasters. 4. To regulate the appointment of cadets. 5. To regulate the appointment of mid.shipmen. C. To prevent military and naval officers from bein" dismis.sed the service at the pleasure of the Pre- .sident. — In favor of the general principle, and objects of all the bills, the report accompanyin" them, said : " In coming to the conclusion that Executive patronage ought to be dimini.shed and regulated. on the plan proposed, the coumiittee rest their opinion on the ground that the cxcrci.se of great patronage in the hands of one man, has a constant tcndenc}' to sully the purity of our institutions and to endanger the liberties of the country. This doctrine is not new. A jealousy of power, and of tlie influence of patronage, which must always accompany its exercise, has ever been a distin- guished feature in the American character. It displayed itself strongly at the pci'iod of the for- mation, and of the adoption, of the federal con- stitution. At that time the feebleness of the old confederation had excited a much greater dread of anarchy than of power — ' of anarchy aniont; the members than of power in tho head ' — anil although the impression was nearly universal that a government of more energetic chaiactcr had become indispensably necessary, yet, even under the influence of this conviction — such was the dread of power and patronage — that the States, with extreme reluctance, yielded their assent to the establishment of the federal gov- ernment. Nor was this the effect of idle and visionary fears, on the part of an ignorant multi- tude, without knowledge of the nature «nd ten- dency of power. On the contrarj', it resulted from the most extensive and profound political knowledge, — from the heads of statesmen, unsur- passed, in any age, in sagacity and patriotism. Nothing could reconcile the great men of that day to a constitution of so much power, but the guards which were put upon it against the abuse of power. Dread and jealousy of this abuse dis- played itself throughout the instrument. To this spirit we are indebted for the freedom of the press, trial bj'^ jnry, liberty of conscience, freedom of debate, responsibilitj' to constituents, power of impeachment, the control of the iSenate over appointments to office ; and many other provi- sions of a like character. But the committee can- not imagine that the jealous foresight of the time, great as it was, or that any human sagacity, could have foreseen, and placed a competent guard upon, every possible avenue to the abuse of power. The nature of a constitutional act ex- cludes tho possibility of combining minute per- ANNO 1826. JOHN QUINCY ADAMS, PRESIDENT. 81 1. To re- he United ts. 2. To itl disburs- ulters. 3. isters. 4. ts. 5. To m. C. To 'rem being f the Pre- iciplc, and ampanying ; Executive regulated, ! rest tl;eir se of jtreat 4 a constant nstitutions, intry. This power, and lUst always ;n a distin- iractcr. It . of tlie for- fedcral con- s of the old ■cater dread lohy anions lead '—and universal character yet. even ■such was -that the elded their 'deial gov- of idle and rant multi- re «nd ten- it resulted 1 political nen, unsur- patriotisin. len of that cr, but the the abuse abu.se dis- nt. To this lom of the ce, freedom nt.s, power enate over ther provi- mittee can- f the time, sagacity, tent guard abuse of il act ex- iuute per- il fection with general excellence. After the exer- tion of all pcssible vigilance, something of what ought to have been done, has been omitted ; and much of what has been attempted, has been found insufficient and unavailing in practice. ^luch re- mains for us to do, and much will still remain for postirity to do — for tho.se unborn gcneration.s to do. on whom will devolve the sacred ta.sk of guarding the temple of the constitution, and of keeping alive the vestal flame of liberty. '■ The committee believe that they will be act- ing in the spirit of the constitution, in laboring to multiply the guards, and to strengthen the barriers, against the possible abuse of power. If a community could be imagined in which the laws should execute themselves — in which the power of government should consist in the enact- ment of laws — in such a state the machin-^ of government would carry on its operations with- out jar or friction. Parties would be unknown, and the movements of the political machine would but little more disturb the passions of men, than they are disturbed by the operations of the great laws of the material world. But this is not the case. The scene shifts from this imaginary re- fion, where laws execute themselves, to the thea- tre of real life, wherein they are executed by civil and military officers, by armies and navies, by courts of justice, by the coUccticn and disburse- ment of revenue, with all its train of salaries, jobs, and contracts; and in this aspect of the re- ality, we behold the working of patronX(;e, and discover the reason why so many stand ready, in any country, and in all ages, to flock to the stand- ard of powKR, wheresoever, and by whomsoever. it may be rai.sed. "The patronage of the federal government at the beginning, was founded upon a revenue of two millions of dollars. It is now operating upon twenty-two millions ; and, within the lifetime of many now living, must operate upon lift}'. The whole revenue must, in a few years, be wholly applicable to subjects of patronage. At present about one half, say ten millions of it, are appro- priated to the principal and interest of the public debt, which, from the nature of the object, in- volves but little patronage. In the course of a few years, this debt, without great mismanage- ment, must be paid ofl'. A short period of peace, and a faithful application of the sinking fund, must speedily .iccomplish that most desirable ob- ject. Unless the revenue be then reduced, a work as difficult in republics as in monarchies, the patronage of the federal government, great as it already is. must, in the lap.se of a few years, re- ceive a vast accession of strength. Tlic revenue itself will be doubled, and instead of one half being applicable to olyects of patronage, the whole will take that direction. Thus, the reduc- tion of the public debt, and the increase of reve- nue, will multiply in a four-fold degree the num- ber of persons in the .service of the federal gov- ernment, the quantity of public mone}^ in their hamls, and the number of objects to which it is applicable; but as each person employed will Vol I.— 6 have a circle of greater or less diameter, of which he is the centre and the soul — a circle composed of friends and relations, and of individuals em- ployed by himself on public or on private aocount — the actual increase of federal power and patron- age by the duplication of the revenue, will be, not in the arithmetical ratio, but in geometrical progression — an increase almost beyond the pow- er of the mind to calculate or to comprehend." This was written twenty-five years ago. Its anticipations of increased revenue and patronage are more than realized. Instead of fifty millions of annual revenue during the lifetime of persons then living, and then deemed a visionary specu- lation, I saw it rise to sixty millions before I ceased to be a senator ; and saw all the objects of patronage expanding and multiplying in the same degree, extending the circle of its influence, and, in many cases, reversing the end of its crea- tion. Government was instituted for the protec- tion of individuals — not for their support. Office was to be given upon qualifications to fill it — not upon the personal wants of the recipient. Proper persons were to be sought out and appointed— (by the President in the higher appointments, and by the heads of the different brancnes of service in the lower ones) ; and importunate suppliants were not to beg themselves into an ofiice which belonged to the public, and was only to be administered for the public good. Such was the theory of the government. Practice has reversed it. Now oflBce is sought for support, and for the repair of dilapidated fortunes ; appli- cants obtrude themselves, and prefer " claims" to office. Their personal condition and party ser- vices, not qualification, are made the basis of the demand: and the crowds which congregate at Washington, at the change of an administration, supplicants for office, are humiliating to behold, and threaten to change the contests of parties from a contest for principle into a struggle for plunder. The bills which were reported were intended to control, and regulate different branches of the public service, and to limit some exercises of executive power. 1. The publication of the government advertisements had been found to be subject to great abuse — Large advertisements, and for long periods, having been often found to be given to papers of little circulation, and sometimes of n(» circulation at all, in places where the adver- tisement was to operate — the only eflt'ct of that favor being to conciliate the support of the paper. ^m -is^ i'i^j'k* i-'.* / I M - I ,' ifi; 82 THIRTY YEARS' VIEW. or to sustain an efficient one. For remedy, the bill for that purpose provided for the selection, and the limitation of the numbers, of the news- papers which were to publish the federal laws and advertisements, and for the periodical report of tncir names to Congress, 2. The four years' '.imitation law was found to operate contrary to its intent, and to have become the facile means of getting rid of faithful disbursing officers, in- stead of retaining them. The object of the law was to pass the disbursing officers every four years under the supervision of the appointing power, for the inspection of their accounts, in order that defaulters might be detected and drop- ped, while the faithful should be ascertained and continued. Instead of this wholesome discrimina- tion, the expiration of the four years' term came to be considered as the termination and vacation of all the offices on which it fell, and the crea- tion of vacancies to be filled by new appointments at the option of the President. The bill to re- medy this evil gave legal effect to the original intention of the law by confining the vaxMition of office to actual defaulters. The power of the President to dismiss civil officers was not attempt- ed to be curtailed, but the restraints of respon- sibility were placed upon its exercise by requiring the cause of dismission to be communicated to Congress in each case. The section of the bill to that effect was in these words: '^ That in all nominations made by the President to the Senate, to Jill vacancies occasioned by an exer- cise of the President's power to remove from office, the fact tfthe removal shall be stated to the Senate at the same time that the nomination is made, with a statement of the reasons for which such officer may have been removed?'' This was intended to operate as a restraint upon removals without cause, and to make legal and general what the Senate itself, and the members of the committee indi\ idually, had constantly refused to do in isolated cases. It was the recognition of a principle essential to the proper exercise of the appointing power, and entirely consonant to Mr. Jefferson's idea of removals ; but never ad- mitted by any administration, nor enforced by the Senate against any one — always waiting the legal enactincnt. The opinion of nine such senators as composed the committee who pio- posed to legalize this principle, all of them demo- cratic, and most of them aged and experienced, should stand for a persuasive reason why this principle should be legalized. 3. The appoinl- ment of military cadets was distributed accord- ing to the Congressional representation, and which has been adopted in practice, and perhaps become the patronage of the member from a district instead of the President. 5. The selection of midshipmen was placed on the same footing and has been followed by the same practical conse- quence. C. To secure the independence of the army and navy officers, the bill proposed to do, what never has been done by law, — define tlio tenure by which they held their commissions, and substitute " good behavior " for the clause which now runs "during the pleasure of the President. " The clause in the existing com- mission was copied from those then in use de- rived from the British government ; ami, in making army and navy officers subject to dis- mission at the will of the President, departs from the principle of our republican institutions, and lessens the independence of the officers. CHAPTER XXX. EXCLUSION OF MEMBERS OF CONGEESS FKOM CIVIL OFFICE APPOINTMENTS. An inquiry into the expediency of amending the constitution so as to prevent the appointment of any member of Congress to any federal oflBce of trust or profit, during the period for which he was elected, w^as moved at the session 1825-2ti, by Mr. Senator Thomas W. Cobb, of Georgia ; and his motion was committed to the consider- ation of the same select committee to which had been referred the inquiries into the expediency of reducing executive patronage, and amending the constitution in relation to the election of President and Vice-President. The motion as submitted only applied to the term for which tiio senator or representative was elected — only carried the exclusion to the end of his constitu- tional term ; but the committee were of opinion that such appointments were injiwious to the in- dependence of Congress and to the purity of legislation ; and believed that the limitation on the eligibility of members should be more compre- hensive than the one proposed, and should extaid to the Presidei served as wel the possibility i ment from the lent a subser directed their accordingly. ' made, chiefly fo federal convent and the procec States which a exclusion of me appointments v vention on a fu scnce of some n so as to leave i cliuse in the co mcdy which ha sliowed that coi and some of tl to obtain amen( off members of l)atronage. So here given to sli of the constit Thus: "That, having times in which committee find 1 to them, had ei federal conventi and of several ratified it. " In an early convention, it w; '•'Article r),s House (of Congr capable of holdii of the United St they shall respcc hers of the Sena capable of holdii afterwards. ' " It further ap clause, in the fir adopted with gi wards, in the co was altered, and jority of a singli the States by wl " Following tli ventions which r that, in the New mondcd, as follo\ '"That no f during the time appointed to an the United State ANNO 1826. JOHN QUINCY ADAMS, PRESIDENT. 83 he nppoiiil- ited accord- itation, and ind perhaps bcr from a 'he selection inie footinp, ctical conse- lencc of tlie posed to do, —define tlic ommission.s, r the clause sure of the dsting com- 1 in use, de- it ; and, in )ject to dis- Icparts from tutions, and 2TS. RES3 FROM TS. f amending appointment federal oiBce for which he on 1825-2G, of Georgia; le considcr- which had expediency 1 amending election of motion as )r which tuo ected — only lis constitu- e of opinion us to the in- ie purity of mitation on lore comprft- lould extend to the President's term under whom the member served a.s well as to his own — so as to cut off the possibility for a member to receive an appoint- ment from the President to whom he might have lent a subservient vote: and the committee directed their chairman (Mr. Benton) to report accordingly. This was done ; and a report was made, chiefly founded upon the proceedings of the federal convention which framed the constitution, and the proceedings of the conventions of the States which adopted it — showing that the total exclusion of members of Congress from all federal appointments was actually adopted in the con- vention on a full vote, and struck out in the ab- sence of some members ; and afterwards modified so as to leave an inadequate, and easily evaded cliiise in the constitution in place of the full re- medy which had been at first provided. It also sliowed that conventions of several of the States, and some of the earlier Congresses, endeavored to obtain amendments to the constitution to cut olf members of Congress entirely from ex'HJutive patronage. Some extracts from that report arc here given to show the sense of the early friends of the constitution on this important point. Tlius: " That, having had recourse to the history of the times in which the constitution was formed, the committee find that the proposition now referred to tliem, had engaged the deliberations of the federal convention which framed the constitution, and of several of the State conventions which ratified it. "in an early stage of the session of the federal convention, it was resolved, as follows : '■ ' Article 0, section 9. The members of each House (of Congress) shall be ineligible to, and in- capable of holding, any office under the authority of the United States, during the time for which they shall respectively be elected ; and the mem- bers of the Senate shall be ineligible to, and in- capable of holding any such office for one year afterwards. ' " It further appears from the journal, that this clause, in the first draft of the constitution, was adopted with great unanimity ; and that after- wards, in the concluding days of the session, it was altered, and its intention defeated, by a ma- jority of a single vote, in the absence of one of the States by which it had been supported. " Following the constitution into the State con- ventions whicii ratified it, and the committee find, that, in the New- York conventioUj it was recom- mi'ndcd, as follows : '"Tiiat no senator or representative shall, during the time for which he was elected, be appointed to any office under the authority of the United States. '• By the Virginia convention, as follows : " ' That the members of the Senate and House of Representatives shall be ineligible to. and in- capable of holding, any civil office inidor the authority of the United States, during the term for which they shall respectively be elected.' " By the North Carolina convention, the same amendment was recommended, in the same words. " 111 the first session of the first Congress, which was held under the constitution, a member of the House of Representatives submitted a similar proposition of amendment ; and, in the third session of the eleventh Congress, -lames Madison being President, a like proposition was again submitted, and being referred to a committee of the House, was reported by them in the following words : " ' No senator or representative shall be ap- pointed to any civil office, place, or emolument, under the authority of the United States, untill the expiration of the presidential term in which such person shall have served as a senator or representative.' " Upon the question to adopt this resolution,the vote stood 71 yeas, 40 nays, — wanting but three votes of the constitutional number for referring it to the decision of the States. " Having thus shown, by a reference to the venerable evidence of our early history, that the principle of the amendment now under consider- ation, has had the support and approbation of the first friends of the constitution, the committee will now declare their own opinion in favor of its correctness, and expresses its belief that the rul- ing principle in the organization of the federal government demands its adoption." It is thus seen that in the formation of the constitution, and in the early ages of our govern- ment, there was great jealousy on this head — great fear of tampering between the President and the members — and great efforts made to keep each independent of the other. For the safety of the President, and that Congress should not have him in their power, he was made inde- pendent of them in point of salary. By a con- stitutional provision his compensation was neither to be diminished nor increased during the terra for which he was elected ; — not diminished, lest Congress should starve him into acquiescence in their views ; — not increased, lest Congress should seduce him by tempting his cupidity with an augmented compensation. That provision secured the independence of the President ; but the independence of the two Houses was still to be provided for ; and that was imperfectly effect- ed by two provisions — the first, prohibiting office holders under the federal government from tak- ing a seat in either House ; the second, by pro> 5 i \L Bl Si »mb. 84 THIRTY YEARS' VIEW. \' W. Ml ;! .' hibiting their appointment to any civil office that might have been created, or its cmohiments in- creased, during the term for which he should have been elected. These provisions were deemed by the authors of the federalist (No. 55) suffi- cient to protect the independence of Congress, and would have been, if still observed in their spirit, as well as in their letter, as was done by the earlier Presidents. A very strong instance of this observance was the case of Mr. Alexander Smythc, of Virginia, during the administration of President Monroe. Mr. Smythe had been a member of the House of Representatives, and in that capacity had voted for the establishment of a judicial district in Western Virginia, and by which the office ofjudge was created. His term of service had expired: he was proposed for the judgeship : the letter of the constitution permitted the ap- pointment: but its spirit did not. Mr. Smytho was entirely fit for the place, and Mr. Monroe entirely willing to bestow it upon him. But he looked to the spirit of the act, and the mischief it was intended to prevent, as well as to its let- ter ; and could see no difference between bestow- ing the appointment the day after, or the day before, the expiration of Mr. Smythc's term of service : and he refused to make the appointment. This was protecting the purity of legislation ac- cording to the intent of the constitution ; but it has not always been so. A glaring case to the contrary occurred in the person of Mr. Thomas Butler King, under the presidency of Mr. Fillmore. Mr. King was elected a member of Congress for the term at which the office of collector of the customs at San Francisco had been created, and had resigned his place : but the resignation could not work an evasion of the constitution, nor af- fect the principle of its provision. He had been appointed in the recess of Congress, and sent to take the place before his two years had expired — and did take it ; and that was against the words of the constitution. His nomination was not sent in until \.-> term expired — the day after it expired — having been held back during the regu- lar session ; and was confirmed by the Senate. I had then ceased to be a member of the Senate, and know not whether any question was raised on the nomination ; but if I had been, there should have been a question. But the constitutional limitation upon the ap- pointment of members of Congress, even when executed beyond its letter and according to its spirit, as done by Mr. Monroe, is but a very small restraint upon their appointment, only ap- plying to the few cases of new offices created or of compensation increased, during the period of their membership. The whole class of regular vacancies remain open! All the vacancies which the President pleases to create, by an exercise of the removing power, are opened ! and between these two sources of supply, the fund is ample for as large a commerce between members and the President — between subservient votes on one side, and executive appointments on the other— as any President, or any sot of members, might choose to carry on. And here is to be noted a wide departure from the theory of the govern- ment on this point, and how differently it lias worked from what its early friends and advocates expected. I limit myself now to Hamilton Madison and Jay ; and it is no narrow limit which includes three such men. Their names would have lived for ever in American history among those of the wise and able founders of our government, without the crowning work of the "Essays" in behalf of the constitution which have been embodied under the name of " Fkdfr- A1.IST " — and which made that name so respect- able before party assumed it. The defects of the constitution were not hidden from them in the depths of the admiration which they felt for its perfections ; nd these defects were noted, and as far as possible excused, in a work devoted to its just advocation. This point (of dangerous com- merce between the executive and the legislative body) was obliged to be noticed — forced upoi; their notice by the jealous attacks of the " Ami- Federalists " — as the opponents of the constitu- tion were called : and in the number 55 of their work, they excused, and diminished, this defect in these terms : " Sometimes we are told, that this fund of cor- ruption (Executive appointments) is to be ex- hausted by the President in subduing the virtue of the Senate. Now, the fidelity of the other House is to be the victim. The improbability of such p mercenary and perfidious combination of the several members of the goveinment. stand- ing on as different foundations as republican jiviii- ciples will well admit, and at the same time ac- countable to the society over whicli they nre placed, ought alone to quiet this apprehensiim. But, fortunately, the constitution has providtd a still further safeguard. The memljers of the Congress are rendered ineligible to any civil offices that may be created, or of which tho emoluments mo of their electioi dealt out to the ma}" become v; and to suppose 1 purchase the gu the people them by which event substitute an jealousy, with \vl , Such wa.s theii great abilities, ar votion, could fun danger. To dim with a brilliant raained, was thei tho working of th ing' to th-ir suppo been good. I hai italics the ruling tion which I ha^ •' ordinary casuai deaths, rcsignatic mcnt, and dismiss EUte. This, in fi liiiiall amount of vi term ; and as new compensation, wer undoubtedly good, contempt with whi But what has been working of the go how stands this n to ^'^ ordinary casu the main stay of t was knocked from gorernment j and from construction. constitution a const strudient which ena as many vacancies moment that he pic Cieldingtohim thel mg officers without the consent of the o power. The authoi foreseen this constn had asserted the con Irom the premises, «•«« appurtenant t they had maintainei ivork-(Xo, 77)— tl Senate was necessar' ANNO 1826. JOHN QUINCY ADAMS^ PRESIDENT. 85 i a verj only ap- eated, or icriod of f regular ies which {crcise of between is ample ibcrs and tes on one le other— 2rs, might )e noted » ic govern- tly it has , advocotcs Hamilton, rrow limit icir namcH in history, ders of our :ork of tho tion which [)f " Fkdf.r- so respect- fccts of the hem in the felt for ils ted. and as oted to its erous corn- legislative reed upor he " Anti- 10 constitu- 55 of their this defect emoluments may be increased, during the term ' of their election. No offices, therefore, can be ' dealt out to the existing members, but such as may become vacant by ordinary casualties ; ami to suppose that the.se would be sufficient to purcim.sc the guardians of tho people, selected by tlic i»eople themselves, is to renounce every rule by which events ought to be calculated, and to substitute an indiscriminate and unbounded jeaiou.sy, with which all reasoning must be vain." , Such was their defence — the best which their great abilities, and ardent zeal, and patriotic de- votion, could furnish. They could not deny the danger. To diminish its quantum, and to cover ivith a brilliant declamation the little that re- mained, was their resource. And, certainly if the working of tho government had been accord- ing- to th'^ir supposition, their defence would have been good. I have taken the liberty to mark in italics the ruling words contained in the quota- tion which I have made from their works — • onUnanj casualties. " And wh- 1 were they ? deaths, resignations, removals upon impeach- ment, and dismissions by the President and Se- nate. This, in fact, would constitute a very finall amount of vacancies during the presidential term ; and as new offices, and those of increased compensation, were excluded, the answer was undoubtedly good, and even justified the visible contempt with which the objection was repulsed. But what has been the fact ? what lias been tho working of the government at this point ? and liow stands this narrow limitation of vacancies to ^^ ordinary casualties?^' In the first place, tlic main stay of the argument in the Federalist was knocked from under it at the outset of the government; and so knocked by a side-blow from construction. In the very first year of the constitution a construction was put on that in- EtriA'ent which enabled the President to create as many vacancies as he pleased, and at any moment that he pleased. This was effected by yielding to him the kingly prerogative of dismiss- ijig officers without the formality of a trial, or Ihe consent of the other part of the appointing power. The authors of the Federalist had not foreseen this construction ; so far from it they had asserted the contrary : and arguing logically from the premises, " that the dismissing^ power ms appurtenant to the appointing power." they had maintained in that able and patriotic work— (Xo. 77) — that, as the consent of the Senate was necessary to the appointment of an officer, so the consent of the same body would be equally necessary to hLs dismission from office. But this construction was overrul<'d by the first Congress which sat under the constitu- tion. The power of dismission from office was abandoned to tho President alone ; and, with the acquisition of this prerogative, the power and patronage of the presidential office was instantly increased to an indefinite extent ; and the argu- ment of the Federalist against tho capacity of the President to corrupt members of Congress, founded on the small nurober of places which he could use for that purpose, was totally over- thrown. This is what has been done by con- struction. Now for the cfPjcts of legislation: and without going into an enumeration of sta- tutes so widely extending and increasing execu- tive patronage in the multiplication of offices, jobs, contracts, agencies, retainers, and sequiturs of all sorts, holding at the will of the President, it is enough to point to a single act — the four years' limitation act ; which, by vacating almost the entire civil list — the whole " Blue Book " — the 40,000 places which it registers — in every period of a presidential term — puts more offices at the command of the President than the authors of the Federalist ever dreamed of; and enough to equip all the members and all their kin if they chose to accept his favors. But this is not the end. Large as it opens the field of patronage, it is not the end. There is a practice grown up in these latter times, which, upon every revolu- tion of parties, makes a political exodus among the adversary office-holders, marching them off into the wilderness, and leaving their places for new-comers. This practice of itself, also unfore- seen by the authors of the Federalist, agam over- sets their whole argument, and leaves the mis- chief from which they undertook to defend the constitution in a degree of vigor and universality of which the original opposers of that mischief had never formed the slightest conception. Besides the direct commerce which may take place between the Executive and a member, there are other evils resulting from their ap- pointment to office, wholly at war with the theory of our government, an . the purity of its action. Responsibility to his constituents is the corner-stone and sheet-anchor, in the system of representative government. It is the substance without which representation is but a shadow. To secure that responsibility the constitution TtMi f •i.i m§. : ' f';, 1 ;i:: *? ; . : 't I 86 THIRTY YEARS' VIEW. has provided that the moniVjcrs sliall be periodi- cally returned to their constituents — those of the House at the end of every two years, those of the Senate at the end of every six — to pass in review before them — to account for what may have been done amiss, and to receive the reward or censure of good or bad conduct. This re- sponsibility is totally destroyed if the President takes a member out of the hands of his constit- uents, prevents his return home, and places him in a situation where he is independent of their censure. Again : the constitution intended that the three departments of the government, — the executive, the legislative, and the judicial — should be independent of each other : and tliis independence ceases, between the executive and legislative, the moment the members become expectants and recipients of presidential favor ; — the more so if the President should have owed his office to their nomination. Then it becomes a commerce, upon the regular principle of trade — a commerce of mutual benefit. For tliis reason Congress caucuses for the nomination of presidential candidates fell under the ban of public opinion, and were ostracised above twenty years ago — only to be followed by the same evil in a worse form, that of illegal and irresponsible " conventions ; " in which the nomination is an election, so far as party power is concerned ; and into which the member glides who no longer dares to go to a Congress caucus ; — whom the constitution interdicts from being an elector — and of whom some do not blush to receive office, and even to demand it, from the President whom they have created. The framers of our govern- ment never foresaw — far-seeing as they were — this state of things, otherwise the exclusion of members from presidential appointments could never have failed as part of the constitution, (after having been first adopted in the original draught of that instrument) ; nor repulsed when recommended by so many States at the adoption of the constitution ; nor rejected by a majority of one in the Congress of 1789, when proposed as an amendment, and coming so near to adoption by the House. Thus far I have spoken of this abuse as a po- tentiality — as a possibility — as a thing which might happen : the inexorable law of history requires it to be written that it has happened, is happening, becomes more intense, and is ripen- ing into a chronic disease of the body politic. When I first came to the Senate thirty years ago, aged members were accustomed to tell mu that there were always members in the market waiting to render votes, and to receive oITice; and that in any closely contested, or ncailj balanced .question, in which the administration took an interest, they could turn the decision which way they pleased by the help of tlicsc marketable votes. It was a humiliating revela- tion to a young senator — but true ; and I have .seen too much of it in my time — seen members whose every vote was at the service of govern- ment — to whom a scat in Congress was but the stepping-stone to executive appointment — to whom federal office was the pabulum for which their stomachs yearned — and who to obtain it were ready to forget that they had either con- stituents or country. And now, why this mor- tifying exhibition of a disgusting depravity ? J answer — to correct it : — if not by law and con- stitutional amendment (for it is hard to got lawgivers to work against themselves), at least by the force of public opinion, and the stern re- buke of popular condemnation. I have mentioned Mr. Monroe as a President who would not depart, even from the spirit of the constitution, in appointing, not a mcinbcr, but an!8x-membcr of Congress, to office. Others of the earlier Presidents were governed by tlie same principle, of whom I will only mention (for his example should stand for all) General Washington, who entirely condemned the prac- tice. In a letter to General Hamilton (vol. 6, page 53, of Hamilton's Works), he speaks of his objections to these appointments as a thing well known to that gentleman, and which he was only driven to think of in a particular instance, from the difficulty of finding a Secretary of State, successor to Mr. Edmund Randolph. No less than four persons had declined the offer of it ; and seeing no other suitable person without going into the Senate, he offered it to Mr. Rufus King of that body — who did not accept it : and for this offer, thus made in a case of so much urgency, and to a citizen so eminently fit, Wash- ington felt that the honor of his administration required him to show a justification. Wiiat would the Father of his country have thought if members had come to him to solicit cfhce? and especially, if these members (a thing al- most blasphemous to be imagined in connection with his name) had mixed in caucuses and I conventions dent ? Cer look which ever from hi for thirty yc or any one demn a prac which the pi bo abolishct carefully av< CI DKATII OF ' A It comes wit the deaths ai who have die contemporar: with the foui eral governni a chapter w and Mr. Jcl political mer public life tc July 4tli, 18: had both pui Independenc( the theatre o enough of sii excuse the b< providence, « terious revere incident deni country. Tl plete. BorE Adams the > life — with tl earthly caree way : — in th( pose and trari of their fara labors had c Born, one ginia, they b( braced the mixed litera i ANNO 1826. JOHN QUINCY ADAMS, I'UFSIDENT. 87 conventions to procure his nomination for Prcsi- , rlcnt ? Certainly he would have given them a look which would have sent such suppliants for ever fronj his presence. And I, who was senator for thirty years, and never had ofDce for myself or any one of my blood, have a riglit to con- demn a practice which my conduct rebuke-', and which the purity of the government requires to bo abolished, and wliich the early Ti-csidents carefully avoided. CHAPTER XXXI. DEATH OF THE EX-rRESIDENTS JOHN ADAMS AND THOMAS JEFFERSON. It comes within the scope of this View to notice the deaths and characters of eminent public men who have died during my time, although not my contemporaries, and who have been connected with the founding or early working of the fed- eral government. This gives mo a right to head a chapter with the names of Mr. John Adams and Mr. Jefferson — two of the most eminent political men of the revolution, who, entering public life together, died on the same day, — July 4th, 1826, — exactly fifty years after they had both put their hands to that Declaration of Independence which placed a new nation upon the theatre of the world. Doubtless there was enough of similitude in their lives and deaths to excuse the belief in the interposition of a direct providence, and to justify the feeling of mys- terious reverence with which the news of their co- incident demise was received throughout the country. The parallel between them was com- plete. Born nearly at the same time, Mr. Adams the elder, they took the same course in life — with the same success — and ended their earthly career at the seme time, and in the same way : — in the regular course of nature, in the re- pose and tranquillity of retirement, in the bosom of their families, and on the soil which their labors had contributed to make free. Born, one in Massachusetts, the other in Vir- ginia, they both received liberal educations, em- braced the same profession (that of the law), mixed literature and science with their legal studies and pursuits, and entered early into the riiK-'uiiig contest with Great IJritain — first in tlieir counties and States, and then on the broader field of the Gejieral Congress of the Confeder- ated Colonies. They were both members of the Congress which declared IndeDcndencc — both of the committee which reported the Declaration — both signed it — were both employed in foreign missions — both became Vice Presidents — and both became Presidents. They were both work- ing men ; and, in the great number of efficient laborers in the cause of Independence which the Congresses of the Revolution contained, they were doubtless the two most efficient — and Mr. Adams the more so of the two. He was, as Mr. Jefferson styled him, '• the Colossus " of the Congress — speaking, writing, counselling — a member of ninety different committees, and (during his three years' service) chairman of twenty five — chairman also of the board of war and board of appeals : his soul on fire with the cause, left no rest to his head, hands, or tongue. Mr, Jefferson drew the Declaration of Indepen- dence, but Mr. Adams was " the pillar of its sup- port, and its ablest advocate and defender," during the forty days it was before the Congress. In the letter which he wrote that night to Mrs. Adams (for, after all the labors of the day, and such a day, he could still write to her), he took a glowing view of the future, and used those expressions, "gloom" and "glory," which his son rejjeated in the paragraph of his message to Congress in relation to the deaths of the two ex- Presidents, which I have heard criticized by those who did not know their historical allusion, and could not feel the force and beauty of their application. They were words of hope and con- fidence when he wrote them, and of history when he died. " I am well aware of the toil, and blood, and treasure, that it will cost to main- tain this Declaration, and to support and defend these States ; yet through all the gloom, I can see the rays of light and glorij ! " and he lived to see it — to see the glory — with the bodily, as well as with the mental eye. And (for the great fact will bear endlest -{^petition) it was ho that con- ceived the idea of making Washington command- er-in-chief, and prepared the way for his unani- mous nomination. In the division of partijs which ensued tho establishment of the federal government, Mr. Adams and Mr. Jefferson differed in systems of .Wffi I ■il l:!i:i 1 < •• ■ ' t'w 88 TIIiriTY VRARS* VIEW. l)olicy, iiiid Iktiuiio hujuls abundantly s Northern m getting compe more, cstablisl be compensati carried away i of tho commiss stipulation for Adams, llusse Clay and Bay Northern neg( Northern Pres finally obtainc( thy of remark wlio was final bater in Congn argument (in i of Mr. Jladison the British Go of this article c I am no mai federal goverr which exhumei cility with whi ip the hands of next to nothing the argument claim is now ; applies with in: whose slaves w Revolution tha ation claims, their persons ir voluntary or ti dence of their ( spoiled of theii these slaves to were supportii debt to British ANXO 1S27. JOHN QUINCY ADAMS, rUKSIDKNT. 91 words iiml tlic mMitinnnl onf '■ no)rroi'H."on which till' KmjHTor Ali'xandiT took thostniul wliichooni- niiinik"! comiK-nsntion nnil (lis|)cnst'tl with arRU- ini-ntH foimdod in thu laws of war. Not a shilliiiR liud h(;('n rcceivi'd for tliat iininonsc de|>rcdatioii u|)Ou privaH' property ; altiioiigh tiic Coiigross of the 0011 federation adopted the Htronftcst resolves, and even onlered each State to he furnished with coj)ies of the schedules of the slaves taken from it ; and hopes of indemnity were kept alive until extinguished by the treaty of '9G. It was a bitter complaint against that treaty, as the Con- gress debates of the time, and the public press, abundantly show. Northern men did their duty to the South in getting compi'nsation (and, what is infinitely more, establishing tlie principle that there shall be compensation in such cases) for the slaves carried away in the war of 1812. A majority of the commissioners at Ghent who obtained the stipulation for indemnity were Northern men — Adams, Uussell, Gallatin, from the free, and Clay and Bayard from the slave States. A Northern negotiator (Mr. Gallatin), under a Northern President (Mr. John Quincy Adams), finally obtained it ; and it is a coincidence wor- thy of remark that this Northern negotiator, who was iinally successful, was the same de- bater in Congress, in '96, who delivered the best argument (in my opinion surpassing even that of Mr. Madison), against the grounds on which the British Government resisted the execution of this article of the treaty. I am no man to stir up old claims against the federal government; and, I detest the trade which exhumes such claims, and deplore the fa- cility with which they are considered — too often in the hands of speculators who gave nothing, or next to nothing, for them. But I must say that the argument on wliich the French spoliation claim is now receiving so much consideration, applies with infinitely more force to the planters whose slaves were taken during the war of the Revolution than in behalf of these French spoli- ation claims. They were contributing — some in their persons in the camp or council, all in their voluntary or tax contributions — to the indepen- dence of their country when they were thus de- spoiled of their property. They depended upon these slaves to support their families while they were supporting their country. They were in debt to British merchants, and relied upon com- pensation for those slaves to pay those debts, at the very moment when I'oinpensiitioii was nbiin- done«l by the same treaty which enforcid tho payment of the debts. They had a treaty obli- gation for indemnity, express in its terms, and since shown to lie valitl, when deprivi'd of this stipulation by another treaty, in order to obtain general advantages for the whole Tnion. Tliis Is something like taking jirivate property for public use. Tliree thousand slaves, the property of ascertained individuals, protected by a treaty stipulation, and afterwanls abandoned by another treaty, against the entreaties and remonstrances of tho owners, in order to obtain the British commercial treaty of "J4, and its supplement of '96 : such is the case which this revolutionary spoliation of slave property presents, and which puts it immeasurably ahead of the French sjjoli- tttion claims prior to 1800. There is but four years' difterence in their ages— in the dates of tho two treaties by which they were respectively surrendered — and every other dillerence between the two cases is an argument of pivferencc in favor of tho losers under the treaty of 1790. Yet I am against both, and each, separately or together ; and put them in contrast to make one stand as an argument against the other. But tho primary reason for introducing the slave spoliation case of 1783, and comparing its less fortunate issue with that of 1812, was to show that Northern men will do justice to the South ; that Northern men obtained for the South an indemnity and security in our day which a Southern Administration, with Washington at its head, had not been able to obtain in the days of our fathers. CHAPTER XXXIII. MEETING OF THE FIRST CONGRESS ELECTED UN- DER THE ADMINISTRATION OF MR. ADAMS. The nineteenth Congress, commencing its legal existence, March the 4th, 1825, had been chiefly elected at the time that Mr. Adams' administra- tion commenced, and the two IIouscs stood di- vided with respect to him — the majority of tho Representatives beinfc- favorable to him, while the ff- ifi 92 THIRTY YEAR'S VIEW. I ; : mm % majority of the Senate was in oppv, n. The elections for the twentieth Congress — the first under his administration — were looked to with great interest, both as showing whether the new President was supported by the country, and his election by the House sanctioned, and also as an index to the issue of the ensuing presidential election. For, simultaneously with the election in the House of Representatives did the canvass for the succeeding election begin — General Jack- eon being the announced candidate on one side, and Mr. Adamr, on the other ; and the event in- volving not only the question of merits between the parties, but also the question of approved or disapproved conduct on the part of the represen- tatives who elected Mr. Adams. The elections took place, and resulted in placing on opposition majority in the House f Representatives, and incr-jasing the strength of the opposition majori- ty in the Senate. The state of parties in the Hous" was immediately tested by the election of speaker, Mr. John W. Taylor, of New- York, the administration candidate, being defeated by Mr. Andrew Stevenson, of Virginia, in the op- po.«ition. The appointment of the majority of members on all the committees, and their chair- men, in both Houses adverse to the administra- tion, was a regular consequence of the inflamed state of parties, although the proper conducting of the public business would demand for the ad- ministration the chairman of several important committees, as enabling it to place its measures fairly before the House. The speaker (Mr. Ste- venson) could only yield to this just sense of propriety in the case of one of the committees, that of foreign relations, to which Mr. Edward Everett, classing as the political and personal friend of the President, was appointed chairman. In. other oommittee?i, and in both Houses, the flora ;.ir>t of the times prevailed; and the or- ganic;'.' i^ r> of the whole Congress was adverse to xbx is-uiiJuistration. ?'',ia nresidontial message contained no new r-c% .riimt.i'Jations, but referred to those previ- ously m?de, and not yet acted upon; among which internal improvement, and the encourage- ment of home industry, were most prominent. It gave an account of the failure of the proposed congress of Panama ; and, consequently, of the inutility of all our exertions to be represented there. And, as in this final and valedictory no- tice by Mr. Adams of that once far-famed con- gress, he took occasion to disclaim some views attributed to him, I deem it just to give him the benefit of his own words, both in making tJio disclaimer, and in giving the account of the abortion of an impracticable scheme which had so lately been prosecuted, and opposed, with so much heat- and violence in our own country. He said of it : " Disclaiming al'ke all right and all intention of interfering in those concerns which it is the prerogative of their independence to regulate as to them shall seem fit, we hail with joy every indication of their prosperity, of their harmony, of their persevering and inflexible homage to those principles of freedom and of equal rights, which are alone suited to the genius and temper of the American nations. It has been therefore with some concern that we have observed indi- cations of intestine divisions in some of the re- publics of the South, and appearances of less union with one another, than we believe to be the interest of all. Among the results of tliia state of things has been that the treaties con- cluded at Pav.ama do not appear to have been ratified by the contracting parties, and that the meeting of the Congress at Tacubaya has been indefinitely postponed. In accepting the invita- tions to be r -presented at this Congress, while a manifestation was intended on the pait of the United States, of the most friendly disposilion towards the Southern republics b}- whom it had been proposed, it was hoped that it would furnish an oppoi tuiiity for bringing all the na- tions of this hemisphere to the common acknow- ledgment and adoption of the principles, in the regulation of their international relations, which would have secured a lasting peace and harmony between them, and have promoted the cause of mutual benevolence throughout the globe. But as obstacles appear to have arisen to the re- assembling of the Congress, one of the two min- isters commi.ssioncd on the part of the United States has returned to the bosom of his country, while the minister charged with the ordinary mission to Mexico remains authorized to attend at the conferences of the Congress whenever they may be resumed." This is the last that was heard of that so much vaunted Congress of American nations , and in the manner in which it died out of itself, among those who proposed it, without ever having been reached by a minister from the United States, we have the highest confirmation of the sound- ness of the objections taken to it by the opposi- tion members of the two Houses of our Con- gress. In stating the condition of the finances, the message, without intending it, gave proof of the paradoxical proposition, first, I believe, broached by myself, of a fourth ture, is suf ture; and sity to levy I vide by law I treasury whj to the exptr "The bil of January dred and fif eighty-six (J receipts fror ber liist, as received can eight himdrq hundred audi cents. The estimated at 1 teen thousani gregatc of i thousand doll of the year m millions three ing a small ej these twenty-i been applied t the public de a\ iroaching sc January last, fall short of The balance in uary next, it is four hundred a exceeding thai though falling of January lasi In this state] are shown to e: a balance, aboul in the treasur that the balanc preceding year, of the year b( have added, thi same at the cnc and every day from the impos: jects until ther in the time of t ams speaks, the lions in the tree retain six millic at the rate of a f many times gre retained; and i by regular paj i.::n in tho , so much and in If, among ring been Id States, sonnd- le opposi- Bur Con- tices, tlie if of tho aroached ANNO 1828. JOHN QUINCY ADAMS, PRESIDENT. 93 by myself, that an annual revenue to the extent of a fourth or a fifth below the annual expendi- ture, is sufficient to meet that annual expendi- ture ; and consequently that there is no neces- sity to levy as much as is expended, or to pro- vide by law for keeping a certain amount in the treasury when the receipts are equal, or superior to the expenditure. He said : " The balance in the treasury on the first of January last was six millions three hun- dred and fifty-eight thousand six hundred and eighty-six dollars and eighteen cents. The receipts from that day to the 30th of Septem- ber last, as near as the returns of them yet received can show, amount to sixteen millions eight hundred and eighty-six thousand five hundred and eighty-one dollars and thirty-two cents. The receipts of the present quarter, estimated at four millions five hundred and fif- teen thousand, added to the above, form an ag- gregate of twenty-one millions four hundred thouj^and dollars of receipts. The expenditures of the year may perhaps amount to twenty-two millions three hundred thou.sand dollars, present- ing a small excess over the receipts. But of these twenty-two millions, upwards of six have been applied to the discharge of the principal of the public debt; the whole amount of which, ai iroaching seventy-four millions on the first of January last, will on the first day of next year fall short of sixty-seven millions and a half. The balance in the treasury on the first of Jan- uary next, it is expected, will exceed five millions four hundred and fifty thousand dollars ; a sum exceeding that of the first of January, 1825, though falling short of that exhibited on the first of January last." In this statement the expenditures of the year are shown to exceed the income, and yet to leave abalance, about equal to one fourth of the whole in the treasury at the end of the year; also that the balance was larger at the end of the preceding year, and nearly the same at the end of the year before. And the message might have added, that these balances were about the same at the end of every quarter of every year, and every day of every quarter — all resulting from the impossibility of applying money to ob- jects until there has been time to apply it. Yet in the time of those balances of which Mr. Ad- ams speaks, there was a law to retain two mil- lions in the treasury ; and now there is a law to retain six millions ; while the current balances, at the rate of a fourth or a fifth of the income, are many times greater than the sum ordered to be retained; and cannot be reduced to that sum, by regular payments from the treasury, until the revenue itself is reduced below the ex- penditure. This is a financial paradox, sustain- able upon reason, proved by facts, and visible in the state of the treasury at all times; yet I have endeavored in vain to establish it; and Congress is as careful as ever to provide an an- nual income equal to the annual expenditure; and to make permanent provision by law to keep up a reserve in the treasury ; which would bo there of itself without such law as long as the revenue comes within a fourth or a fifth of the expenditure. The following members composed the two Houses at this, the first session of the twentieth Congress : SENATE. Maine— John Chandler, Albion K. Parris. New Hampshire— Samuel Bell, i^cvi Wood- bury. Massachusetts— Nathaniel Silsbee, Daniel Webster. Connecticut— Samuel A. Foot, Calvin Willey. Rhode Island— Nehemiah R. Knight, Asher Robbins. Vermont— Dudley Chase, Horatio Seymour. New-York— Martin Van Buren, Nathan San- ford. New Jersey— Mahlon Dickerson, Ephraim Batcman. Pknnsylvania— William Marks, Isaac D. Barnard. Delaware— Louis M'Lane, Henry M. Ridge- ley. Maryland— Ezekiel F. Chambers, Samuel Smith. Virginia— Littleton W. Tazewell, John Tyler. North Carolina— John Branch, Nathaniel Macon. South Carolina— William Smith, Robert Y. Hayne. Georgia— John M'Pherson Berrien, Thomas W. Cobb. Kentuck V— Richard M.Johnson, John Rowan. Tennessee— John H. Eaton, Hugh L.White. Ohio — William H. Harrison, Benjamm Bug- gies. Louisiana— Dominique Bouligny, Josiah S. Johnston. Indiana — William Hendricks, James Noble. Mississippi- Powhatan Ellis, Thomas II. Wil- liams. Illinois— Elias K, Kane. Jesse B. Thomas. Alabama— John McKinley, William R. King. Missouri— David Barton, Thomas II. Benton. UOUSE OF EEPBESEIJTATIVES. Maine— John Anderson, Samuel Butman, Rufus M'Intire, Jeremiah O'Brien, James W. Ripley, Peleg Sprague Joseph F. Wingate— 7. New Hampshire— Ichabod Bartlett, David V!i' '-*l^ 94 THIRTY YEARS' VIEW. ;'^r . ,1^ i i- ■| ;t . If m Barker, jr., Titris Brown, Joseph Ilcalcy, Jona- than Harvey, Thomas Whiiiple, jr. — 0. MAssAcin'SF.TTs — Samucl C. Allen, John Bai- ley, Issac C. Bates, B. W. Crowninshield, John Davis, Henry W. Dwigiit, Edward Everett, Benjamin Gorham, James L. Hodges, John Locke, John Reed, Joseph Richardson, John Vamum — 15. Rhode Island — Tristam Burges, Dutee J. Pearce — 2 Connecticut — John Baldwin. Noyes Barber, Ralph J. Ingersoll, Orange Merwin, Elisha Phelps, David Plant— 6. Vermont — Daniel A. A. Buck, Jonathan Hunt, Rolin C. Mallary, Benjamin Swift, George E. Wales— 5. New-York — Daniel D. Barnard, George 0. Beldcn, Rudolph Bunner, C. C. Cambreleng, Samuel Chase, John C. Clark, John D. Dickin- son, Jonas Earll, jr., Daniel G. Garnsey, Na- thaniel G arrow, John I. De GraffJ John HAllock. jr., Selah R. Hobhie, Michael Hoffman, Jeromus Johnson, Richard Keese, Henry Markell, H. C. Martindale, Dudley Marvin, John Magce, John Maynard, Thomas J. Oakley, S. Van Rensselaer, Henry R. Storrs. James Strong, John G. Stowcr, Phineas L. Tracy, John W. Taylor, G. C. Ver- planck, Aaron Ward, John J. Wood, Silas Wood, David Woodcock, Silas Wright, jr. — 34. New Jersev — Lewis Condict, George Hol- combe, Isaac Pierson, Samuel Swan, Edge Thompson, Ebcnezer Tucker — G Pknxsvlvania — William Addams, Samuel Anderson, Stephen Barlow, James Buchanan, Richard Coulter, Chauncey Forward, Joseph Fry, jr., Innes Green. Samuel D. Ingham, George Krenier, Adam King, Joseph Lawrence, Daniel H. Miller, Charles Miner, John Mitchell, Samuel M'Kean, Robert Orr, jr., \Villiam Ramsay, John Sergeant, James S. Stevenson, John B. Sterigere, Andrew Stewart. Joel B. Sutherland, Espy Van Hoin, James Wilson, George Wolf — 2G. Delaware — Kensy Johns, jr. — 1. Maryland — John Barney, Clement Dorsey, Levin Gale, John Leeds Kerr, Peter Little, Micliael C. oprigg, G. C. Washington, John C. Weems, Ephraim K. Wilson — 9. Virginia — Mark Alexander, Robert Allen, Wm. S. Archer,Wm. Armstrong, jr., JohnS. Bar- bour, Philip P. Barbour, Burwell Bassett, N. II. Claiborne, Thomas Davenport, John Floyd, Isaac liCtHer, Lewis Maxwell, Charles F. Mercer, William M'Coy, Thomas Newton, John Ran- dolph, William C. Rives, John Roane, Alexan- der Sm3'th, A Stevenson, John Talliafurro, James Trezvant— 22. North Carolina — Willis Alston, Daniel L. Barringer, John II. Bryan, Samuel P. C« — Henry W. Conner, John Culpeper, Thomas II. Hal], Gabriel Holmes, John Long, Lemuel Saw- 3'er, A. H. Shepperd, Daniel Turner, Lewis Wil- liams— 13. South Carolina— .John Carter, Warren R. Davis, William Drayton, James Hamilton, jr., George M'Duffie, William D. Martin, Thomas R. Mitchell, Wm. T. Nuckolls, Starling Tucker —9. Georgia — John Floyd, Tomlinson Fort Charles E. Haynes, George R. Gilmer, Wilson Lumpkin, Wiley Thompson.Richard H. Wilde 7. Kentucky — Richard A. Buckner, James Clark Henry Daniel, Joseph Lecompte, Robert P.' Letcher, Chittenden Lyon, Thomas Metcalfe Robert M'Hatton, Thomas P. Moore, Charles A.' Wickliffe, Joel Yancey, Thomas Chilton — 12. Tennessee — John Bell, John Blair, David Crockett, Robert Desha, Jacob C. Isacks, Pryor Lea, John H. Marable, James C. Mitchell, James K. Polk— 9. Ohio — Mordecai Bartley, Philemon Bcechcr William Creighton, jr., John Davenport, James Findlay, Wm. M'Lean, William Russell. Jolm Sloane, William Stanberry, Joseph Vance, Samuel F. Vinton, Elisha Whittlesey, John AVoods, John C, Wright— 14. Louisiana — William L, Brent, Henry II. Gurley, Edward Livingston — 3. Indiana — Thomas H. Blake, Jonathan Jen- nings, Oliver H. Smith— 3. Mississippi — William Haile — 1, Illinois — Joseph Duncan — 1. Alabama — Gabriel Moore, John M'Kee George W. Owen — 3. ' Missouri — Edward Bates — 1. delegates. Arkansas Territory — A. H. Sevier. Michigan Territory — Austin E. Wing. Florida Territory— Joseph M. White. This list of members presents an immenso array of talent, and especially of business talent; and in its long succession of respectable names many will be noted as having attained nationiil reputations — others destined to attain that dis- tinction — while many more, in the first class of useful and respectable members, remained without national renown for want of that faculty which nature seems most capriciously to have scattered among the children of men — the faculty of fluent and copious speech ; — giving it to soiiie of great judgment — denying it to others of equal, or still greater judgment — and lavishing it upon some of no judgment at all. The national eyes are fixed upon the first of these classes — the men of judgment and copious speech ; and even those in the third class obtain national notoriety ; while the men in the second class — the men of judg- ment and few words — a'c extremely valued and respected in the bodies to which they belong, and have great weight in the conduct of business. They are, in fact, the business men, often more practical and efficient than the great orators. This twentieth Congress, as all others that havo been, contained useful and rcspc( the pleasant tas justice which th for themselves. CHAI KEVIS The tariff of li being the event "nuHification'" t a serious divisioi the South. It V manufacturers ; benefit of the w chiefly designed facturing indust the kind, it requ: get itself along ; obtained by adi benefits of the \ special benefit, i particular interc with including i at least as man the strength neo tions of diflerei were favored bj imports; as leai hemp of Kentui to the object of necessitated to v tucky, well exp this respect, in si which he made, '• He was not of revenue, hone purposes of rev friendly to a tai perverted by tin and the secret ir purposes of indi' he could not be names, or terini his individual si " It is in vain called the Amer tilings. There that is delineate M'Kee, ANNO 1828. JOHN QUINCY ADAMS, PRESIDENT. 95 been, contained a large proportion of these most useful and respectable members ; and it will be the pleasant task of this work to do them the justice which their modest merit would not do for themselves. CHAPTER XXXIV. REVISION OF THE TARIFF. The tariff of 1828 is an era in our legislation, being the event from which the doctrine of "nullification'' takes its origin, and from which a serious division dates between the North and the South. It was the work of politicians and manufiicturers ; and was commenced for the benefit of the woollen interest, and upon a bill chiefly designed to favor that branch of manu- facturing industry. But, like all other bills of the kind, it required help from other interests to get itself along ; and that help was only to be obtained by admitting other interests into the benefits of the bill. And so, what began as a special benefit, intended for the advantage of a pairticular interest, became general, and ended with including all manufacturing interests — or at least as many as were necessary to make up tiie strength necessary to carry it. The produc- tions of diflercnt States, chiefly in the West, were favored by additional duties on their rival imports ; as lead in Missouri and Illinois, and hemp of Kentucky ; and thus, though opposed to the object of the bill, many members were necessitated to vote for it. Mr. Rowan, of Ken- tucky, well exposed the condition of others in this respect, in .showing his own in some remarks which he made, and in which he said : '• lie was not opposed to the tariff" as a system of revenue, honestly devoted to the objects and purposes of revenue — on the contrary, ho was friendly to a tariff of that character ; but when perverted by the ambition of political aspirants, and tlic secret influence of inordinate cupidity, to purposes of individual, and sectional ascendency, he could not be seduced by the captivation of names, or tenn.s. however attractive, to lend it his individual support. " It is in vain, Mr. President, said he, that it is called the American System — names do not alter things. There is but one American System, and that is delineated in the State and Federal congti- tutions. It is the system of equal rights and privileges secured by the representative principle — a system, which, instead of subjecting the pro- ceeds of the labor of some to taxation, in the view to enrich others, secures to all the proceeds of their labor — exempts all from taxation, ex- cept for the support of the protecting power of the government. As a tax necessary to the sup- port of the government, he would support it — call it by what name you please ; — as a tax for any other purpor>e, and especially for the purpcsea to which he had alluded — it had his individual reprobation, under whatever name it might as- sume. " It might, ho observed, be inferred from what he had said, that he would vote against the bill. He did not wish any doubts to be entertained as to the vote he should give upon this measure, or the rea.sons which would influence him to give it. He was not at liberty to substitute his in- dividual opinion for that of his State. He was one of the organs here, of a State, that had, by the tariff of 1824, been chained to the car of the East- ern manufacturers — a State that had been from that time, and was now groaning under the press- ure of that unequal and unjust measure — a measure from the pressure of which, owing to the prevailing illusion throughout the United States, she saw no hope of escape, by a speedy return to correct principles ; — and seeing no hope of escaping from the ills of the system, she is con- strained, on principles of self-defence, to avail her.self of the mitigation which this bill presents, in the duties which it imposes upon foreign hemp, spirits, iron, .and molasses. The hemp, iron, and di.stilled spirits of the West, will, like the woollens of the Eastern States, he encouraged to the extent of the tax indirectly impcsed by this bill, iipon those who shall buy and consume them. Those who may need, and buy tho-se articles, must pay to the grower, or manuflicturer of them, an in- creased price to the amount of the duties imposed upon the like articles of foreign growth or fabric. To this tax upon the labor of the consumer, his individual opinion was opposed, lint, as the organ of the State of Kentucky, he felt himself bound to surrender his individual opinion, and express the opinion of his State. '" Thus, this tariff bill, like every one admitting a variety of items, contains a vicious princii)le, by which a majority may be made up to pass a measure which Jiey do not approve. Hut be- sides variety of agricultural and manufacturing items collected into this bill, there was another of very different import admitted into it, namely, that of party politics. A presidential election was approaching: General Jackson and jMr. Adams were the candidates — the latter in favor of the "American System" — of which Mr. Clay (his Secretary of State) was the champion, and indissolubly connected with him in the public I l.-{'. in;^ luT haractor out, for- ever, against the course of the government, and SCO herself losing, on one side, and yet making no efforts to sustain herself on the other ? No, sir. Nothing was left to New England, after the act of 1824, but to conform herself to the will of others. Nothing was left to her, but to consider that the government had fixed and determined its own policy ; and that policy was protection. " The question of a protective tariff had now not only become political, but sectional. In the early years of the federal government it was not so. The tariff bills, as the first and the second that were passed, declared in their preambles that they were for the encouragement of manu- factures, as well as for raising revenue; but then the duties imposed were all moderate — such as a revenue system really required ; and there were no " minimums" to make a false ba- sis for the calculation of duties, by enacting that all which cost less than a certain amount should be counted to have cost that amount ; and be rated at the custom-house accordingly, lu this early period the Southern States were as ready as any part of the Union in extending the protection to home industry which resulted from the imposition of revenue duties on rival imported articles, and on articles necessary to ourselves in time of war; and some of her statesmen were amongst the foremost members of Congress in promoting that policy. As late IS ISlf), some of her statesmen were still in favor of protection, not merely as an incident to reve- nue, but as a substantive object : and among these was Mr. Calhoun, of South Carolina — who even advocated the minimum provision — then for the first time introduced into a tariff bill, and upon his motion — and applied to the cotton goods imported. After that year (181G) the tariff bills took a sectional aspect — the Southern States, with the exception of Louisiana (led by her sugar-planting interest), against them : the New England States also against them: the Middle and Western States for them. After 1824 the New England States (alw-ays meaning the greatest portion when a section is spoken of) classed with the protective States^leaving the South alone, as a section, against that policy. My personal position was that of a great many others in the three protective sections — opposed to the policy, but going with it, on ac- count of the interest of the State in the protec- tion of some of its productions. I moved an ad- Jitional duty upon lead, eqnal to one hundred Vol. 1.— 7 per centum; and it was carried. I moved a duty upon indigo, a former staple of the South, but now decline^<^j*m<:vn^ 98 THIRTY YEARS' VIEW. fi ! ;: j'cars to (1 or 8.000 llis. In the incnn inaimfiictoiies were {irowing up ; and if I .',s i ■V:l i'-,! • 3- - last few time our having no siipjily (if indijio at home, they had to import from aliroad. In 1820 thi.s importation amounted to l.l.'ifl.OOO llis.. costinf? a fraction less than two millions of dollars, and had to be paid for almost entirely in ready money, as it was chiefly obtained fiotn i)lares where American pro- duce was in no demand. Upon this state of facts. Mr. B. conceived it to he the part of a wise and prudent policy to follow the example of the British parliament in the reign of George II. and provide a home supply of this indispensable ar- ticle. Our manufacturers now paid a high price for fine indigo, no less than .*i!2 50 per pound, as testified by one of themselves before the Com- mittee on Mamifactures raised in the House of liepresentatives. 1'ho duty which lie proposed was only 40 per cent, upon that value, and would not even reach that rate for four years. It was less than one half the duty which the same bill j)ro))osed to lay instanter upon the very cloth which this indigo was intended to dye. In the end it would make all indigo come cheaper to the manufacturer, as the home supply would .soon be equal, if not superior to the demand; and in the mean time, it could not bo considered a tax on tl'.e manufacturer, as he would levy the advance which he haA ' : ' :lll li;' ■ 1' McMASTER UNIVERSITY LISRARX L "iKPi.si !wvsti; .-'.■; ?t^ i 'i-' 100 THIRTY YEARS' VIEW. Mi :^ i i 1 It I I ii* to be protcotetl by this bill, and he did not see how gentlemen could, consistently with their maxims, vote against it. What was the principlo on which this bill was professedly founded? If there was any principle at all in the bill, it was that, whenever the country had the capacity to prodiice an article with which any imported ar- ticle could enter into competition, the domestic product was to be protected by a duty. Now, had the Southern States the capacity to produce indigo? The soil and climate of those States were well suited to the culture of the article. At the commencement of the Revolution our exports of the article amounted to no less than 1 ,100,000 lbs. The whole quantity now imported into the United States is only 1,150,000 lbs. ; so that the capacity of the country to produce a sufficient quantity of indigo to supply the wants of the manufacturers is unquestionable. It is true that the quantity now produced in the country is not great. " In 1818 only 700 lbs. of domestic indigo were exported. "In 1825 9,955 do. "In 182G 5,289 do. " This proves that the attention of the country is now directed to the subject. The senator from Indiana, in some remarks which he made on this subject yesterday, stated that, according to the principles of the American System (so called), protection was not extended to any article which the country was not in the habit of exporting. This is entirely a mistake. Of the articles pro- tected by the tariff of 182' as well as those in- cluded in this bill, very few are exported at all. Among these arc iron, woollens, hemp, flax, and several others. If indigo is to be protected at all, the duties proposed must surely be considered extremely reasonable, the maximum proposed being much below that imposed by this bill on wool, woollens, and other articles. The duty on indigo till 1810, Avas 25 cents per pour i. It was then (in favor of the manufacturers) reduced to 15 cents. The first increase of duty proposed here, is only to put back the old duty of 25 cents per pound, equal to an ad valorem duty of from 10 to 15 per cent. — and the maximum is only from 40 to 58 per cent, ad valorem, and that will not accrue for several years to come. With this statement of facts, Mr. H. said he would leave the question in the hands of those gentlemen who were engaged in giving this bill the form in which it is to be submitted to the final decision of the Senate." The proposition for this duty on imported indigo did not prevail. In lieu of the amount proposed, and which was less than any protective duty in the bill, the friends of the " American System " (constituting a majontjr of the Senate) substi- tuted a nominal duty of five cents on the pound — to be increased five cents annually for ten years — and to remain at fifty. This was only about twenty per centum on the cost of the ar- ticle, and that only to be attained after a pro- gression of ten years ; while all other duties in the bill were from four to ten times that amount — and to lake effect immediately. A duty so contemptible, so out of proportion to the other provisions of the bill, and doled out in such mis- erable drops, was a mockery and insult ; and so viewed by the .southern members. It increased the odiousness of the bill, by showing that the southern section of the Union was only included in the " American System " for its burdens, and not for its benefits. Mr. McDuffie, in the House of Representatives, inveighed bitterly against it and spoke the general feeling of the Southern States when he said : " Sir, if the union of these States shall ever be severed, and their liberties subverted, the histo- rian who records these disasters will have to as- cribe them to measures of this description. I do sincerely believe that neither this government nor any free government, can exist tor a quarter of a century, under such a .system of legislation. Its ine .'itable tendency is to corrupt, not only the public functionari (s. but all those portions of the Union and classes of society who have an interest. real or imaginary, in the bounties it provides, by taxing other sections and other classes. What sir, is the essential characteristic of a freeman V It is that independence which results from an habitual reliance upon his own resources and his own labor for his support. lie is not in fact a freeman, who habitually looks to the governincnt for pecuniary bounties. And I confess that no- thing in the conduct of those who are the promi- nent advocates of this system, has excited more apprehension and alarm in my mind, than the constant ettbrts made by all of them, from the Secretary of the Treasury down to the humblest coadjutor, to impress upon the public mind, the idea that national prosperity and individual wealth are to be derived, not from individual in- dustry and economy, but from government boun- ties. An idea more fatal to liberty could not be inculcated. I said, on another occasion, that tlic days of Roman liberty were numbered when the people consented to receive bread from the pub- lic granaries. From that moment it was not the patriot who had shown the greatest capacity and made the greatest sacrifices to serve the republic, but the demagogue who would promise to dis- tribute most profusely the spoils of the i)!Mn(lered provinces, that was elevated to office by a degen- erate and mercenary populace. Every thing be- came veual, even in the countrj'- of Fabricius, un- til finally the empire itself was sold at public auction I And what, sir, is the nature and ten- dency of the system we are discussing ? It beai's an analogy, but too lamentably striking, to that which corrupted the republican purity of the Roman people. summato its triur a similar catastr event by no mean legislate periodica the election of c question of divid States— degraded the influential ca| this Union ! Sii single act like the lions of dollars ma one part of the c( consider the disgu under which the h bition may perpel and political prosti moment, to pronoi root bounties, the of corruption ever functionai'ies. It and wealth into a ( to contemplate, be( resist. Do we not the extraordinary less than one hur means of this unha an absolute and d ions of eight mill fortunes and desti will not anticipate permit myself to bi the United States \ by this system of b< I must say that th< Union in which, if i were to come forwa in his hand, nothinj if his adversary wei tern of oppression. a talisman which w to the candidate v support it. And al all the "multiplyr most immaculate pa in the nation could if he should refuse i imperial donative." Allusions were cc nation of manufac ticians in pressing t ly foundation for tl of it had been conce ufacturers in the Stj been taken up by p< a party measure, at of influencing the pi these tariff bills, eac degree of protectioi pendage of our pn round in every cycle ar- !his ANNO 1828. JOHN QUINCT ADAMS, PRESIDENT. 101 Romnn people. God forbid tlmt it should con- summato itis triumph over the public liberty, by a siiuiiar catastrophe, thoup;h even that is on event by no means improbable, if we continue to lejiislate jjeriodically in this waj', and to connect the election of our Chief Magistrate with the question of dividing out the spoils of certain States — degraded into Roman provinces — among the influential capitalists of the other States of this Union ! Sir, when I consider that, by a single act like the present, from live to ten mil- lions of dollars may be transferred annually from one part of the community to another ; when I consider the ilisguise of disinterested patriotism under which the basest and most profligate am- bition n»ay perpetrate such an act of injustice and political prostitution, I cannot hesitate, for a moment, to pronounce this very sj'stenj of indi- rect bounties, the most stupendous instrument of corruption ever placed in the hands of public functionaries. It brings ambition and avarice and wealth into a combination, which it is fearful to contemplate, because it is almost impossible to resist. Do we not perceive, at this very moment, the extraordinary and melancholy spectacle of less than one hundred thousand capitalists, by means of this unhallowed combination, exercising an absolute and despotic control over the opin- ions of eight millions of free citizenr, and the fortunes and destinies of ten millions ? Sir, I will not anticipate or forebode evil. I will not permit myself to believe that the ProsiiVncy of the United States will ever be bought and sold, by this system of bounties and prohibitions. But 1 must say that there are certain quarters of this Union in which, if a candidate for the Presidency were to come forward with the Ilarrisburg tariff in his hand, nothing could resist his pretensions, if his adversary were opposed to this unjust sys- tem of oppression. Yes, sir, that bill would be a talisman which would give a charmed existence to the candidate who would pledge himself to support it. And although he were covered with all the "multiplying villanies of nature," the most immaculate patriot and profound statesman in the nation could hold no competition with him, if he should refu.se to grant this new species of imperial donative." Allusions were constantly made to the combi- nation of manufacturing capitalists and poli- ticians in pressing this bill. There was evident- ly foundation for the imputation. The scheme of it had been conceived in a convention of man- ufacturers in the State of Pennsylvania, and had been taken up by politicians, and was pushed as a party measure, and with the visible purpose of influencing the presidential election. In fact these tariff bills, each exceeding the other in its degree of protection, had become a regular ap- pendage of our presidential elections — coming round in every cycle of four years, with that re- turning event. The year 1816 was the starting point: 1820, an-;( I ' i: ANNO 1828. JOHN QUINCY ADAMS. PRKSIDENT. 103 prico which placed tlio cost of all lands, good and bad, at tho Kamo uniform rato (after tho auctions wcu over), at ono dollar twenty-five cents per acre. I resolved to n>ovo against the wholu system, and especially in favor of gradu- ated prices, and donations to actual and destitiitu settlers. I did so in u bill, renewed annually for a long time ; and in speeches which hud more effect upon tho public mind than upon tho fed- eral legislation — counteracted as my plan was by schemes of dividing tho public lands, or the money arising from their sale, among the States. It was in support of ono of these bills that I produced the authority of Burko in tho extract quoted; and no ono took its spirit and letter more promptly and entirely than President Jackson. IIo adopted tho principle fully, and in ono of his annual messages to Congress recom- mended that, as soon as the public (revolution- ary) debt should be discharged (to tho payment of which tho lands ceded by the States were pledged), that they should ckase to bk a sub- ject or REVENUE, AND BE DISPOSED OF CHIEFLY WITH A VIEW TO SETTLEMENT AND CULTIVATION. His terms of service expired soon after the ex- tinction of tho debt, so that he had not an oppor- tunity to carry out his wise and beneficent design. Mr. Burke considered tho revenue derived from the sale of crown lands as a triflo, and of no account, compared to the amount of revenue derivable from the same lands through their settlement and cultivation. He was profoundly right! and provably so, both upon reason and experience. The sale of the land is a single operation. Some money is received, and the cultivation is disabled to that extent from its improvement and cultivation. The cultivation is perennial, and tho improved condition of the farmer enables him to pay taxes, and consume dutiable gopds, and to sell the products which command the imports which pay duties to the government, and this is the ■"well-regulated revenue" which comes through the course of cir- culation, and through the " political secretions" of the State, and which Mr. Burke commends above all revenue derived from the sale of lands. Docs any one know the comparative amount of revenue derived respectively from the sales and from the cultivation of lands in any one of our new States where the federal government was the jiroprietor, and the auctionecrer, of the lands ? and can he tell which mode of raising money has been most productive ? Tuko Alabama, for ex- ample. How much has the treasury received for lands sold within her limits? and how much in fluties paid on imports purcha.sed with the ex- ports del ived fi-om her soil ? Perfect exactitude cannot be attained in the rnswor, but exact enough to know that the hitter iilreiuly excwds the former several times, ten times o\er; and is perennial and increasing forever! while the sale of the land has been a single operation, performed once, and not to be repeated ; and disabling tho cultivator by the loss of the money it took from him. Taken on a largo scale, and applied to the whole United States, and the answer becomes more definite — but still not entirely exact. The whole annual receijits from land sales at this time (1850) arc about two millions of dollars : the annual receipts from customs, founded almost en- tirely upon the direct or indirect productions of the earth, exceed fifty millions of dollars ! giving a comparative diflcrencc of twenty-five to ono for cultivation over sales; and triumi)hantly sustaining Mr. Burke's theory. I have looked into the respective amounts of federal revenue, received into the treasury from these two sources, since tlic establishment of tho federal government ; and find tho customs to have yielded, in that time, a fraction over one thousand millions of dollars net — tho lands to have yielded a little less than one hundred and thirty millions gross, not forty millions clear after paying all expenses of surveys, sales and management. This is a dif- ference of twenty-five to one— with the further difference of endless future production from one, and no future production from the land once sold ; that is to say, the .^anio acre of land is paying for ever through cultivation, and pays but once for itself in purchase. Thus far I have considered Mr. Burke's theory only under one of its aspects — the revenue as- pect : he presents another — that of population — and here all measure of comparison ceases. The sale of land brings no people : cultivation pro- duces population : and people arc the true wealth and strength of nations. These various views were presented, and often enforced, in the course of the several speeches which I made in support of my graduation and donation bills • and, on the point of population, and of freeholders, against tenants, I gave utterance to these senti- ments : " Tenantry is unfavorable to freedom. It lays iji!' I I '■:• ' I ■' *»■ ' doniestic iiltur, no honsohoM i^od. The Creeholder. on tin? con- trary, is tlie nutnrid snp|niit(r of ii (Ve<' govern- ment ; nnd it (^honld lie the policy of repnlilies to nniltiply tlieir (Veeiiolders, lis it is tlie policy of nion.'irchies lo nndtipiy tiiiiints. We lue u repnhlic, and we wisii to continue so ; then nudtii)lv i\w cliiss of fri'eliolders; pain argument ar- rived which commanded the respect of the legis- lature: it was the argument of profit and loss — an argument which often touches a nerve which is dead to reason. Mr. Polk, in his message to Congress at the session of lHl.")-'4(» (the first of his administration), stated that the expenses of the system during tha preceding four years — those of Mr. Tyler's admini;!tration — were twen- ty-six thousand one himdred and eleven dollars, and eleven cents ; and the whole amount of rents received during the same period was six thou- sand three hundred and fifty-four dollars, and seventy-four cents : ami reconmien\ the neighboring cultivation of private land, was de- nounced as unjust as well as unwise. The new States of the AYest wei-e thesuflercrs by this fed- eral land policy. They were in a diflerent con- dition from other States. In these others, the local legislatures held the primary disposal of the soil, — so much as remained vacant within their limits, — and being of the same community, made equitable alienations among their constituents. In the new States it was diflerent. The federal government held the primary disposition of the soil ; and the majority of Congress (being inde- pendent of the people of these States), was less heedful of their wants and wishes. They were as a stepmother, instead of a natural mother : and the federal government being sole purchaser from foreign nations, and sole recipient of Indian ces- sions, it became the monopolizer of vacant lands m the West : and this monopoly, like all mono- polies, resulted in hardships to those upon whom it acted. Few, or none of our public men, had raised theiil I came into! soon raised a great ain federal land| sentiment generally, hi alienations ; \ beneficent si the member should not their policy ; upon the ped federal title of their resi pre-emption I sale (of so m prices, — adaj tracts, to bo has remainec grants to obj national and CE cession op - arkansas Arkansas w had been so s boundary was May 1824 (cl delegate, Hen tension of hei and for natioi outside tcrri frontier both the Valley o treaty which | merouR India the South At Mississippi, policy to mak class State, — 1 the Unir n, — a her advanced sion was on other three si I' "il;; ■n (with tho States), land, igift of tho is this wise It prevails las seen — wo he capital of ation of tho to go to tho cs and Dari- irat rate, not n taxeSj and Here IS the Mlor to Eng- ority of Ab- 3 those wiio s grants of heat, barley, xcs or contri- ve enjoyment CT BEING TO 3 at one uni- n of the good tr the poorest IS shown in a tides ; in the graduated to irticle. The \saiting for val l.y the and, was de- The new by this fed- ill'erent con- others, tho is- lation which acted upon slavery in terri- tories — which further curtailed, and even ex- tinguished slave soil in all the vast expanse of the former Louisiana — save and except the comparative little that was left in the State of Missouri, and in the mutilated Territory of Ar- kansas. The reason of the southern members for promoting this amputation of Arkansas in favor of the Cherokees, was simply to assist in inducing their removal by adding the best part of Arkansas, with its salt springs, to the ample millions of acres west of that territory already granted to them; but it was a gra- tuitous sacrifice, as the large part of the tiibo had already emigrated to the seven millions of acres, and the remainder were waiting for moneyed inducements to follow. And besides, the desire for this removal could have no effect upon the constitutional power of Congress to legislate upon slavery in territories, or upon the policy which curtails the boundaries of a future slave State. I have said that the amputated part of Ar- kansas was an organized part of the territory, divided into counties, settled and cultivated. Now, what became of these inhabitants ? — their property ? out by the f act was pas! dred and t^ maining pa family who part; and that did no withdrew, land in fron in the '■oar power adeqi sand square ated by its herds, and about it ; an it is necessa important a( State of Ark South — and order to und( Jt: CHA EENEWAL OP The America! Columbia, or au act of privi merchant, Mr and the youi name, Astoria tenance and i ernment of th the United St Thorn, who ■? who afterwai Sound to a\ (blowing him air). — was alli leading vessel terprise the s( captured duri; war detached Ililiyar, comr Pacific Ocean. it during the ANNO 1828. JOHN QUINCY ADAMS» PRESIDENT. 109 gny, Branch, )f Alabama, aeon, Ridge- ith Carolina, anis of Mls- srs. Kenton, Ir. Calhoun ot vote ; but assisted its he House of ;ions to carry n the repeal (lent. Senate, l)proiiriations rrence of the . And thus one (twelve off of slave if Louisiana; ion of what iipation after 20, and the )us (late, and -•s. And all :'n, who then isional k'}>is- ■y in terri- nd even ex- ast expanse except the the State of itory of Ar- n members Arkansas in ly to assist ig the best 'ings, to the at territory ivas a gra- of the tribe en millions waiting for nd besides, e no effect ongress to or upon the of a future part of Ar- le territory, 1 cultivated. Its 7— their property ? and possessions ? They were bought out by the federal government ! A simultaneous act was pas.scd, making a donation of three hun- dred and twenty acres of land (within the re- maining part of Arkansas), to each head of a family who would retire from the amputated part; and subjecting all to military removal that did not retire. It was done. They all withdrew. Three hundred and twenty acres of land in front to attract them, and regular troops in the '•car to push them, presented a motive power adequate to its object ; and twelve thou- sand square miles of slave territory was evacu- ated by its inhabitants, with their flocks, and herds, and slaves; and not a word was said about it ; and the event has been forgotten. But it is necessary to recall its recollection, as an important act, in itself, in relation to the new State of Arkansas — as being the work of the South — and as being necessary to be known in order to understand subsequent events. CHAPTER XXXVII. RENEWAL OP THE OREGON JOINT OCCUPATION CONVENTION. The American settlement at the mouth of the Columbia, or Oregon, was made in 1811. It was au act of private enterprise, done by the eminent merchant, Mr. John Jacob Astor, of New-'York ; and the young town christened after his own name, Astoria : but it was done with the coun- tenance and stipulated approbation of the gov- ernment of the United States ; and an officer of the United States navy — the brave Lieutenant Thorn, who was with Decatur at Tripoli, and who afterwards blew up his ship in Nootka Sound to avoid her capture by the savages (blowing himself, crew and savages all into the air). — was allowed to command his (Mr. Astor's) leading vessel, in order to impress upon the en- terprise the seal of nationality. This town was captured during the war of 1812, by a ship of war detached for that purpose, by Commodore Ilillyar, commanding a British squadron in the Pacific Ocean. No attempt was made to recover it during the war; and, at Ghent, after some ef- forts on the part of the British commissioners, to set up a title to it, its restitution was stipu- lated under the general clause which provided for the restoration of all places captured by either party. But it was not restored. An empty ceremony was gone through to satisfy the words of the treaty, and to leave the place in the hands of the British. An American agent, ISf r. John Baptist Provost, was sent to Valparaiso, to go in a British sloop of war (the Blossom) to receive the place, to sign a receipt for it, and leave it in the hands of the British. This was in the au- tumn of the year 1818 ; and coincident with that nominal restitution was the conclusion of a con- vention in London between the United States and British government, for the joint occupation of the Columbia for ten years — Mr. Gallatin and Mr. Rush the American negotiators — if those can be called negotiators who are tied down to particular instructions. The joint occu- pancy was provided for, and in these words : " That any country claimed by either party on the northwest coast of America, together with its harbors, bays, and creeks, and the navigation of all rivers within the same, be free and open, for the term of ten years, to the subjects, citizens, and vessels of the two powers ; without preju- dice to any claim which either party might have to any part of the country." — ^I was a practising lawyer at St. Louis, no way engaged in politics, at the time this convention was published ; but I no sooner saw it than I saw its delusive nature — its one-sidedness — and the whole disastrous consequences which were to result from it to the United States ; and immediately wrote and pub- lished articles against it : of which the following is an extract : " This is a specimen of the skill with which the diplomatic art deposits the seeds of a new contestation in the assumed settlement of an ex- isting one, — and gives unequal privileges in words of equality, — and breeds a serious question, to be ended perhaps by war, where no question at all existed. Every word of the article for this joint occupation is a decepti'.i and a blunder — sug- gesting a belief for which there is no foundation, granting privileges for which there is no equiv- alent, and presenting ambiguities which require to be solv^d — peradventurc by the sword. It speaks as if there was a mutuality of countries on the northwest coast to which the article was applicable, and a mutuality of benefits to accrue to the citizens of both governments by each occu- pying the country claimed by the other. Not so the fact. There is but one country in ques- Ki # 110 THIRTY YEARS' VIEW. s^ % , *■ tion, and that is our own ; — and of this the Brit- ish are to have equal possession with ourselves, and wo no possession of theirs. The Columbia is onrs ; Frazcr's River is a British possession to which no American ever went, or ever will go. The convention gives a joint ri-iht of occupying the ports and harbors, and of navigating the rivers of each other. This would imply that each government possessed in that quarter, ports, and harbors, and navigable rivers ; and were about to bring them into hotch-potch for mutual en- joyment. No such thing. There is but one port, and that the mouth of the Columbia — but one river, and that the Columbia itself: and both port and river our own. We give the equal use of these to the British, and receive nothing in re- turn. The convention says that the "claim" of neither party is to be prejudiced by the joint possession. This admits that Great Britain has a claim — a thing never admitted before by us, nor pretended by her. At Ghent she stated no claim, and could state none. Her ministers merely asked for the river as a boundary, as be- ing the most convenient ; and for the use of the harbor at its mouth, as being necessary to their ships and trade ; but stated no claim. Our com- missioners reported that they (the British com- missioners) endeavored ' to lay a nest-egg ' for a future pretension ; which they failed to do at Ghent in 1815, but succeeded in laying in Lon- don in 1818 ; and before the ten years are out, a full grown fighting chicken will be hatched of that egg. There is no mutuality in any thing. We furnish the whole stake - country, river, harbor; and shall not even maintain the joint use of our own. We shall bo driven out of it, and the British remain sole possessors. The fur trade is the object. It will fare with our traders on the Columbia under this convention as it fared with them on the Miami of the Lakes (and on the lakes tliemselves), under the British treaties of '94 and '9G, which admitted British traders into our territories. Our traders will be driven out ; and that by the fair competition of trade, even if there should be no foul play. The ditference between free and dutied goods, would work that result. The British traders pay no duties : onrs pay above an average of fifty per centum. No trade can stand against such odds. But the competition will not be fair. The sav- ages will be incited to kill and rob our traders, and they will bo expelled by violence, without vaiting the slower, but equally certain process, of expulsion by underselling. The result then is, that we admit the British into our country, our river, and our harbor ; and we get no admit- tance into theirs, for they have none — Frazcr's River and New Caledonia being out of the ques- tion — that tlio}"^ will become sole possessors of our river, our harbor, and our country ; and at the end of the ten years will have an admitted ' claim ' to our property, and the actual posscs- Bion of it." Thus I wrote in the year 1818, when the joint occupation convention of that year was promul- gated. I wrote in advance ; and long before the ten years were out, it was all far more than verified. Our traders were not only driven from the mouth of the Columbia River, but from all its springs and branches ; — not only from all the Valley of the Columbia, but from the whole re- gion of the i.jcky Mountains between 49 and 42 degrees ;— not only from all this mountain region, but from the upper waters of all our far distant rivers — the Missouri, the Yellow Stone the Big Horn, the North Platte ; and all their mountain tributaries. And, by authentic reports made to our government, not less than five hun- dred of our citizens had been killed, nor less than five hundred thousand dollars worth of goods and furs robbed from them; — the Britisli re- maining the undisturbed possessors of all the Valley of the Columbia, acting as its masters and building forts from the sea to the mountains. This was the eflcct of the first joint occupation treaty, and every body in the West saw its ap- proaching termination with pleasure; but the false step which the government had made in- duced another. They had admitted a "claim" on the part of Great Britain, and given her the sole, under the name of a joint, possession ; and now to get her out was the difficulty. It could not be done ; and the United States agieed to a further continued "joint " occupation (as it was illusively called in the renewed convention), not for ten years more, but " indefinitely, " determin- able on one year's notice from either party to the other. The reason for this indefinite, aud injurious continuance, was set forth in the pre- amble to the renewed convention (Mr. Gallatin now the sole United States negotiator); and recited that the two governments " being desirous to prevent, as far as possible, all hazard of mis- understanding, and with a view to give further time for maturing measures which siiall have for their object a more definite settlement of the claims of each party to the said territory ; " did thereupon agree to renew the joint occupation article of the convention of 1818, &c. Thus, we had, by our diplomacy in 1818, and by the per- mitted non-execution of the Ghent treaty in the delivery of the post and country, hatched a question which threatened a " misuuderstandmg" between the two countries ; and for matunng measures for the settlement of which indefinite time was required — and granted — Great Britain remaining, in whole country and all that w intended to giv I was a men ncwed conven and opposed i which I was n of the adminisi a remote objec andthedelusiv it at any time gentle tempera and fact ; and the question ol myself to oppc as well as opi into three reso executive jour mentary histoi The resolve dicnt for the I treat further i northwest coa joint occupati( That it is ex; article in the < expire upon its^ pcdient for the to continue to in relation to paration of int permanent bo westward of tl est possible i voted upon ; fication of the would have I iiejrativo vote W. Cobb of < of Mississippi Illinois, and Eighteen yea got to the ci fratification ti and all the Un in relation to seven senator for it was rat ^ ANNO 1828. JOHN QUTNCY ADAMS, rRESIDENT. Ill W'as promul- ng before the r more than '■ driven from but from all from all the ho whole rc- i^een 49 and is mountain f all our far tillow Stone, nd all their entic reports an five hun- lor less than til of goods British re- * of all the masters, and mountains. occupation saw its ap- re; but the ad made in- a "claim" ven her the ession; and '• It could agreed to a I (as it was ;ntion), not " determin- v party to jfinite, ahd in the pre- r. Gallatin itor); and ng desirous i-rd of mis- ive further all have for ent of the tory ; " did occupation Thus, we ly the per- ?aty in the hatched a •standing" maturing indefinite :at Britain remaining, in the mean time, sole occupant of the whole country. This was all that she could ask, and all that we could grant, even if wo actually intended to give up the country. I was a member of the Senate when this re- newed convention was sent in for ratification, and opposed it with all the zeal and ability of which I was master : but in vain. The weight of the administration, the indifference of many to a remote object, the desire to put off a difficulty, and the delusive argument that we could terminate it at any time — (a consolation so captivating to gentle temperaments) — were too strong for reason and fact ; and I was left in a small minority on the question of ratification. But I did not limit myself to opposition to the treaty. I proposed, as well as opposed ; and digested my opinions into three resolves ; and had them spread on the executive journal, and made part of our parlia- mentary history for future reference. The resolves were : 1. " That it is not expe- dient for the United States and Great Britain to treat further in relation to their claims on the northwest coast of America, on the basis of a joint occupation by their respective citizens. 2. That it is expedient that the joint-occupation article in the convention of 1818 be allowed to expire upon its own limitation. 3. That it is ex- pedient for the government of the United States to continue to treat with His Britannic Majesty in relation to said claims, on the basis of a se- paration of interests, and the establishment of a permanent boundary between their dominions westward of the Rocky Mountains, in the short- est possible time. " These resolves were not voted upon ; but the negative vote on the rati- fication of the convention showed what the vote would have been if it had been taken. That ueg;ative vote was — Messrs. Benton, Thomas W. Cobb of Georgia, Eaton of Tennessee, Ellis of Jlississippi, Johnson of Kentucky, Kane of Illinois, and Rowan of Kentucky — in all 7. Eighteen years afterwards, and when we had got to the cry of " inevitable war, " I had the (Tatification to .see the whole Senate, all Congress, and all the United States, occu[)y the same ground in relation to this joint occupation on which only seven senators stood at the time the convention for it was ratified. CHAPTER XXXVIII. PRESIDENTIAL ELECTION OF 1829. AND FURTHEE ERRORS OF MONS. DE TOCQUEVILLE. General Jackson and Mr. Adams were the candidates; — with the latter, Mr. Clay (his Secretary of State), so intimately associated in the public mind, on account of the circumstances of the previous presidential election in the House of Representatives, that their names and interests were inseparable during the canvass. General Jackson was elected, having received 178 elec- toral votes to 83 received by Mr. Adams. Mr. Richard Rush, of Pennsylvania, was the vice- presidential candidate on the ticket of Mr. Adams, and received an equal vote with that gentleman : Jlr. Calhoun was the vice-presidential candidate on the ticket with General Jackson, and receiv- ed a slightly less vote — the deficiency being in Georgia, where the friends of Mr. Crawford still resented his believed connection with the " A. B. plot." In the previous election, he had been neutral between General Jackson and Mr. Adams ; but was now decided on the part of the General, and received the same vote every where, except in Georgia. In this election there was a circum- stance to bo known and remembered. Mr. Adams and Mr. Rush were both from the non- slaveholding — General Jackson and Mr. Cal- houn from the slaveholding States, and both large slaveowners themselves — and both receiv- ed a large vote (73 each) in the free States — and of which at least forty were indispensable to their election. There was no jualousj', or hos- tile, or aggressive spirit in the North at that time against the South ! The election of General .Jackson was a triumph of democratic principle, and an assertion of the people's right to govern themselves. That prin- ciple had been violated in the presidential elec- tion in the House of Representatives in the ses- sion of 1 S24-'25 ; and the sanction, or rebuke, of that violation was a leading question in the whole canvass. It was also a triumph over the high protective policy, and the federal internal im- provement polic3\ and the latitudinous construc- tion of the constitution ; and of the democracy over the federalists, then called national repub- licans ; and was the re-establishment of parties on principle, according to the landniaiks of the ■s '■'t iM4 . lit 'J 3.: '.I 112 THIRTY YEARS' VIEW. early ages of the government. For although Mr. Adams huil received confidence and offlce from Mr. Madison and Mr. Monroe, and had classed with the democratic party during the fusion of parties in the " era of good feeling," yet ho had previously been federal ; and in the re-establishment of old party lines which began to take place after the election of Mr. Adams in the House of Representatives, his affinities, and policy, became those of his former party : and as a part}', with many inuivi n when it was only half run. But a characteristic trait remains to be told of his military life — one that has neither precedent nor imitation (the example of Washington being out of the line of compari- son) : he refused to receive pay, or to accept pro- motion, and served three years as a private through mere devotion to his country. And all the long length of his life was conformable to this patriotic and disinterested beginning : and thus the patriotic principles of the future senator were all revealed in early life, and in the obscurity of an unknown situation. Conformably to this be- ginning, he refused to take any thing under the modern acts of Congress for the benelit of the surviving officers and soldiers of the Revolution, and voted against them all, saying they had suf- fered alike (citizens and military), and all been rewarded together in the establishment of inde- pendence ; that the debt to the army had been settled by pay, by pensions to the wounded, by half-pay and land to the officers ; that no mili- tary claim could bo founded on depreciated con- tinental paper money, from which the civil Ainctionaries who performed service, and the far- mers who furnished supplies, suiTered ns much as any. On this principle ho voted against the bill for Lafayette, against all the modern revo- lutionary pensions and land bounty acts, and refused to take any thing under them (for many were applicable to himself). Ilis political principles were deep-rooted in- nate, subject to no change and to no machinery of party. Ho was democratic in the broad sense »f the word, as signifying a capacity in the people for self-government 5 and in its party sense as in favor of a plain and economical administra tion of the federal government, and against lati- tudinarian constructions of the constitution. He was a party man, not in the hackneyed sense of the word, but only where principle was concern- ed ; and was independent of party in all his so- cial relations, and in all the proceedings which he disapproved. Of this he gave a strong in- stance in the case of General Hamilton, whom he deemed honorable and patriotic ; and utterly refused to be concerned in a movement proposed to affect him personally, though politically op- posed to him. He venerated Washington, ad- mired the varied abilities and high qualities of Hamilton ; and esteemed and respected the emi- nent federal gentlemen of his time. He had af. fectionate regard for Madison and Monroe ; but Mr. Jefferson was to him the full and perfect exemplification of the republican statesman. His almost fifty years of personal and political friendship and association with Mr. Randolph is historical, and indissolubly connects their names and memories in the recollection of their friends, and in history, if it does them justice. He was the early friend of General Jackson, and intimate with him when he was a senator in Congress under the administration of the elder Mr. Adams; and was able to tell Congress and the world who he was when he began to astonish Europe and America by his victories. He was the kind ob- server of the conduct of young men, encourag- ing them by judicious commendation when he saw them making efforts to become useful and respectable, and never noting their faults. He was just in all things, and in that most difRcult of all things, judging political opponents,— to whom he would do no wrong, not merely in word or act, but in thought. He spoke frequent- ly in Congress, always to the point, and briefly and wisely ; Mr. Jefforso been — a si)ci fonnance, — \ wtM getting into it, than and ho sutlbi for him. Hu was ab above dcpciu Roman of th fields at the 1 of public dut; advancing ag hot sun of su vrhen senatoi low the ploi was the suinr (lie told me) hot for him— and the refusi of him, when men going tin lation, and d< tlie salvation ( the vilest sinn herds yielded ductions. A 1 heads when tl —purchased t cessjty require duce. He wa pensc hospitali in his house, i bore- — no otli his house bu enough to brh as accomplish complished ge Esq., the othei oke, my early than half a cei enough to pay dollar to any 1 • lie was stea stake himself : point of public this his rclatio nal instance. the theatre a1 some naval 1 Bpoken in debi ANNO 1828. JOHN QUINCY ADAMa, PRESIDENT. 117 h tho civil and tlio Tar- •cd as much I agfiinst the odcrn rcvo- y acts, and n (for many p-rootcd, in- > machinery broad sense in tho people rty Boiise, as administra against lati- tution. He red sense of vas conccrn- n all his so- lings which a strong in- ilton, whom and utterly jnt proposed litically op- hington, ad- qualitics of ted the emi- He had af. tonroc; but and perfect statesman. .nd political Randolph is their names heir friends, :e. Ho was ind intimate n Congress ^Ir. Adams; world who Europe and he kind ob- cncourag- n when he useful and faults. lie lost difficult lonenfs,— to ; merely in LC frequent- and briefly and wisely ; and wtis ono of tho.sc speakers which Mr. JulFerson described Dr. Franklin to have been — a sficakcr of no pretension and great |)cr- formance, — who 8|)oko more good sense while ho WHS getting up out of his chair, and getting back into it, than many others did in long discourses ; and he sutlercd no reporter to dress up a speech for him. lie was abovo the pursuit of wealth, but also above dependence and idleness ; and, like an old Roman of the elder Cato's time, worked in tho fields at the head of his slaves in the intervals of public duty ; and did not cease this labor until advancing age rendered him unable to stand the hot sun of summer — tho only season of the year when senatorial duties left liim at liberty to fol- low the plough, or handle the hoe. I think it was tho summer of 1817, — that was tho last time (ho told roe) he tried it, and found the sun too hot for him — then sixty years of age, a senator, and the refuser of all ofHce. How often I think of him, when I see at Washington robustious men going through a scene of supplication, tribu- lation, and degradation, to obtain ofBco, which the salvation of the soul docs not impose upon the vilest sinner I His fields, his flocks, and bis herds yielded an ample supply of domestic pro- ductions. A small crop of tobacco — three hogs- heads when the season was good, two when bad —purchased the exotics which comfort and ne- cessity required, and which the farm did not pro- duce. He was not rich, but rich enough to dis- pense hospitality and charity, to receive all guests in his house, from the President to the day lar bore" — no other title bemg necessary to enter his house but that of an honest man; rich enough to bring up hia family (two daughters) as accomplished ladies, and marry them to ac- complished gentlemen — one to William Martin, Esq., the other to William Eaton, Esq., of Roan- oke, my early school-fellow and friend for more than half a century ; and, above all, he was rich enough to pay as he went, and never to owe a dollar to any man. • He was steadfast in his friendships, and would stake himself for a friend, but would violate no point of public duty to please or oblige him. Of thi.s his relations witl Mr. Randolph gave a sig- nal instance. He drew a knife to defend him in the theatre at Philadelphia, when menaced by ?ome naval and military oflScers for words spoken in debate, and deemed offensivo to their professions; yet, when R|)caker of the House of Representatives, ho displaced Mr. lianiiuipii from tho head of the conmiitteu of ways and means, because tho chairman of that cntr.milteo should be on terms of political friendship with tho ad- ministration, — which Mr. Randolph had then ceased to be with Mr. Jclferson's. He was abovo executive office, oven tho highest tho President could give ; but not above tho lowest the people could give, taking that of justice of tlie peace in his county, and refusing that of Post- master-General at Washington. Ho was op- posed to nepotism, and to all quartering of his connections on the government; and in the course of his forty-years' service, with tho abso- lute friendship of many administrations and the perfect respect of all, he never had office or con- tract for any of his blood. He refused to be a candidate for the vice-presidency, but took the place of elector on tho Van Buren ticket in 1836. He was against paper money and the pajier sys- tem, and was accustomed to present tho strong argument against both in tho simple phrase, that this was a hard-money government, made by hard-money men, who had seen the evil of paper- money, and meant to save their posterity from it. Ho was opposed to sccurityships, and held that no man ought to bo entangled in the affairs of another, and that ths interested parties alone — those who expected to find their profit in the transaction — should bear the bad consequences, as well as enjoy the good ones, of their own dealings. He never called any one "friend" without being so ; and never expressed faith in the honor and integrity of a man without acting up to the declaration when the occasion required it. Thus, in constitutmg his friend Weldon N. Edwards, Esq., his testamentary and solo execu- tor, with large discretionary powers, he left all to his honor, and forbid him to account to any court or power Tor the manner in which he should execute that trust. This prohibition was so characteristic, and so honorable to both parties, and has been so well justified by the event, that I give it in his own words, as copied from his will, to wit : "I subjoin the following, in my own hand- writing, as a codicil to this my last will and tes- tament, and direct that it be a part thereof— that is to say, having full faith in the honor and in- tegrity of my executor above named, he shall not be held to account to any court or power what* !l 111 'iiii. 118 TntRTT TEARS' VIEW. ,1 ' \', I' ■I , J ■ It s ever for the discharge of the trust confided by ma to liim in and by tbo foregoing will." And the event hoa proved that hiH Judgmont, as always, committctl no mistake when it bo- 8to\« c'd that confidence. lie had his pecidiarities — iiliosyncracies, if any one pleases — but they were born with him, suited to him, constituting a part of hia character, and necessary to its completeness. Ho never subscribetl to charities, but gave, and freely, according to his means — the left hand not knowing what the right hand did. lie never subscribed for new books, giving as a reason to the soliciting agent, that nobody purchased his tobacco until it was inspected; and ho could buy no book until he had examined it. Ho would not attend the Congress Presidential Cau- cus of 1824, although it was stire to nominate hia own choice (Mr. Crawford) ; and, when a reason was wanted, he gave it in tho brief answer that he attended ono once and they cheated him, and ho had said that he would never attend another. Ho always wore the same dress — that ia to say, a suit of tho same material, cut, and color, sujierflno navy blue — the whole suit from tho same piece, and in the fashion of the time of the Revolution ; and always replaced by a new one before it showed age. He was neat in his person, always wore fine linen, a fine cambric stock, a fine fur hat with a brim to it, fair top- boots — the boot outside of the pantaloons, on the principle that leather was stronger than cloth. He would wear no man's honors, and when com- plimented on the report on the Panama mission, which, as chairman of the committee on foreign relations, he had presented to the Senate, he would answer, " Yes ; it is a good report ; Taze- well wrote it." Left to himself, he was ready to take the last place, and the lowest seat any where; but in his representative capacity he would suffer no derogation of a constitutional or of a popular right. Thus, when Speaker of the House, and a place behind the President's SocrotaricH had been assigned him in some ccre< mony, ho disregarded the programme ; and, as tho elect of tho elect of all the people, took his place next after those whom tho national vote had elected. And in 1803, on tho question (o change tho form of voting for President niid Vice-President, and tho vote wanting ono of tho constitutional number of two thirds, he resisted the rule of the House which restricted tlio speaker's vote to a tie, or to a vote which would make a tie, — claimed his constitutional right to vote as a member, obtained it, gave the vote mado tho two thirds, and carried the amend- ment. And, what may well bo deemed idiosyn- cratic in these days, ho was punctual in the per- formance of all his minor duties to the Seiinto attending its sittings to tho moment, attendin); all the committees to which he was npi)ointi<(l attending all the funerals of the niombors and ofHcers of the Houses, always in time nt every place where duty required him ; and re- fusing double mileage for one travelling, when elected from the House of Representatives to the Senate, or summoned to an extra session. He was an habitual reader and student of the Bible, a pious and religious man, and of the " liaptixt persuasion" as he was accustomed to express it. I have a pleasure in recalling the recollections of this wise, just, and good man, and in writing them down, not without profit, I hope, to rising generations, and at least as extending the know- ledge of the kind of men to whom we are indebt- ed for our independence, and for the form of government which they established for u.s, .,Ir. Macon was the real Cincinnatus of America, the pride and ornament of my native State, my he- reditary friend through four generations, my mentor in the first seven years of my senatorial, and the last seven of his senatorial life ; and a feeling of gratitude and of filial affection mingles it&elf with this discharge of historical duty to his memory. A '■i- . u c COMMENCEM Ox the 4tli was inaugui and deliverc( occasion; an general decln which the ne Tho general i necessarily C( minute praci CTCuts the qui Such declara tho grounds election had 1 to his suppor opponents; 1 especial obje So of Gener this occasion, cratic princip will bear re either new ai principles, of man his elect leading to a i trary he thu of standing military to standing arr ment, in tim large our pre ANNO 1829. ANDREW JACKHON, IMIEHIDKNT. 119 n Romo ccrc- imc ; and, as |)lo, took his lalionul vote question to •csideiit ami g ono of tho , ho rcsi«tc'(l strictwl the ft'hich would tnal right to •0 tho vote, the amend- incd idiosyn- 1 in tlie jicr- ' the Senate, it, attending s apjmintt'd, tie nu'mlMif) I in time at iin ; and re- belling, when ativcs to the session. lie of tho Uihie, ho " Jiaptint io express it. recollections I in writing pc, to rising g tho know- e are indebt- ho form of br us. ..Ir. Vmcfica, the tate, my he- rations, my senatorial, life; and a ion mingles duty to his > ADMINISTRATION OF ANDREW JACKSON. CHAPTER XL. COMMENCEMENT OF OENERAL JACKSON'S AD- MINISTRATION. On the 4th of March, 1829, the now President was inougurated, with tho usual ceremonies, and delivered the address which belongs to the occasion ; and which, like all of its class, was a general declaration of tho political principles by which tho new administration would be guided. The general terms in which such addresses are necessarily conceived preclude tho pcssibility of minute practical views, and leave to time and events the qualiflcation of tho general dcclaratjpns. Such declarations aro always in harmony with tho grounds upon which tho new President's election had been made, and generally agreeable to his supporters, without being repulsive to his opponents ; harmony and conciliation being an especial object with every new administration. So of General Jackson's inaugural address on this occasion. It was a general chart of demo- cratic principles ; but of which a few paragraphs will bear reproduction in this work, as being either new and strong, or a revival of good old principles, of late neglected. Thus: as a military man his election had been deprecated as possibly leading to a military administration : on the con- trary he thus expressed himself on the subject of standing armies, and subordination of the military to the civil authority: "Considering standing armies as dangerous to free govern- ment, in time of peace, I shall not seek to en- large our present establishment ; nor disregard that salutary lesson of political experience which teaches that tho military should bo held subor- dinate to tho civil power. " On tho cardinal doctrine of economy, and freedom from public debt, ho said : " Under every asiject in which it can bo considered, it would appear that advantage must result from tho observance of a strict and faithful economy. This I shall aim at the more anxiously, both because it will facilitate the ex- tinguishment of the national debt — tho unneces- sary duration of which is incompatible with real independence; — and because it will counteract that tendency to public and private profligacy which a profuse expenditure of money by tho government is but too apt to engender." Reform of abuses and non-interference with elections, were thus enforced : " The recent demonstration of public sentiment inscribes, on the list of ex- ecutive duties, in characters too legible to be overlooked, tho task of reform, which will re- quire, particularly, the correction of those abuses that have brought the patronage of tho federal government into conflict with the freedom of elections. " The oath of office was administered by the venerable Chief Justice, Marshall, to whom that duty had belonged for about thirty years. The Senate, according to custom, having been convened in extra session for tho occasion, tho cabinet appointments were immediately sent in and confirmed. They were, Martin Van Buren, of New-York, Secretary of State (Mr. James A. Hamilton, of New-York, son of the late General Hamilton, being charged with the duties of the office until Mr. Van Buren could enter upon them) ; Samuel D. Ingham, of Pennsylvania) » '^fdi^.fJr.tfitnii M;. Hi iV •i 1 1 m 19.0 TIIIR'P' YEARS' VTKW. Secretary of the Tie.iKury ; Jolin II. Eaton, of Tennessee, Secretary at War; John Branch, of North Carolina, Secretaiy of the Navy ; John M. Berrien, of Georgia, Attorney General ; 'William T. Barry, of Kentucky, Postmaster General ; those who constituted the late cabinet, under Mr, Adams, only one of them, (Mr. John McLean, the Postmaster General,) classed poli- tically with General Jackson ; and a vacancy having occurred on the bench of the Supreme Court by the death of Mr. Justice Trimble, of Kentucky, iMr. McLean was appointed to fill it ; and a further vacancy soon after occurring:, the death of Mr. Justice Bushrod AVashington (nephew of General Washington), Mr. Henry Baldwin, of Pennsylvania, was appointed in his l>liU'e. The Twenty-first Congress dated the commencement of its legal existence on the day of the commencemerit of the new admiuistration , and its members were as follows : 8KNATE. ^TA^KE — John Holmes, Peleg Sprague. \;:w IIami'shikk — Samuel Bell, Levi Wood- '-iry. Massachusetts — Nathaniel Silsbee, Daniel Webster. Connecticut — Samuel A. Foot, Calvin Willey. Rhode Island — Nehemiah 11. Knight, Asher Robbins. Vermont — Dudley Chase, Horatio Seymour. New-York — Nathan Sanford, Charles E. Dud- New Jersey — Theodore Frelinghuysen, Mah- lon Dickerson. Pknhsylvania — William Marks, Isaac D. Bamanl. Dlt^.< WARE — John M. Clayton, ( Vacant.) Mar "LAND — Samuel Smith, Ezokiei F. Cham- bers. ViR J MA — L. W. Tazewell, John Tyler. Nor 'h Carolina — James Iredell, *( Vacant.) SouTiv Carolina — William Smith, Uobert Y. Hayne. Georgia -George M. Troup, John Forsyth. Kentuck i' — John Rowan, George M. Bibb. TENNi;r--,EE — Hugh L. White, Felix Grumlj'. Ohio — Benjamin Ruggles, Jacob Burnet. Lru/siANA — Josiah S Jolinston, Edward Liv- 1^T//ANA — William Hendricks, James Noble. Mi ?issippi — Powhatan Ellis, ( Vacant.) Ill "jis — Elia? K. Kane, John McLane. A la'jama — John McKinlcy, William R. King. Missouri — David Barton, Thomas H. Benton. nCiUSB OF EEPEESENTAT.'VES. Ma »*; — John Anderson, Samuel Butman, Geovge Evans, Rufus Mclntire, James W. Ripley, Jo.^eph F. Wingatc — 6. (One vacant.) New IIa.mpshire — Jolm BrodheaJ Thomas Chandler, Jo.ssph Ilammons, Jonathan i^irvcv Henry Hubbard, John W. Week.s— G. Massachusetts — John Bailey, Issac C. Bates, B. W. Crowninshield, John Davis, Henry AV. Dwight, Edwanl Everett, Benjamin Gorhain, George GrenncU, jr., James L. Hodges, Jcseph G. Kendall, John Reed, Jo.seph Richardson, John Vamum — 13. Rhode Island — Tristam Burgess, Dutce J. Pearce — 2. Connecticut — Noycs Barber, Wm. W. Ells- woith, J. W. Huntington, Ralph J. Ingersoll W. L. Storrs, Eben Young -C. ' Vermont — William Cahoon, Horace Everett Jonathan Hunt, Rollin C. Mallary, Benjamin Swift — 5. New-Yohk — William O. Angel, Benedict Ar- nold, Thomas Beekman. Abraham Bockee, Peter I. Borst, C. C. Cambreleng, Jacob Crocheron, Timothy Childs, Henry B. Cowles, Hector Craig. Charles G. Dewitt, Join. D. Dickinson, Jonas Earll. jr.,George Fislier, Isaac Finch. Michael Hoff- man, Joseph Hawkins, Jehiel II. Ilalsey, Perkins King, James W. Lent, John Magee, Henry C. Martindale, Robert Monell, Thomas Maxwell, E. Norton, Gershom Powers, Robert S. Rose, Hen- ry R. Storrs, James Strong, Ambrose Spencer. John W. Taylor, Phineas L. Tracy, Gulian. C. Verplanck, Campbell P. White— 34. New Jersey — Lewis Condict, Richard M. Cooper, Thomas H. Hughes, Isaac Pierson James F. Randolph, Samuel Swan — G. Pennsylvania — James Buchanan, Richard Coulter, Thomas H. Crawford, Joshua Evans. Chauncey Forward, Joseph Fry, jr., James Ford, Innes Green, John Gilmorc, Joseph Hemphill, Peter Ihrie, jr., Thomas Irwin, Adam King, George G. Leiper, H. A. Muhlenburg, Alem Marr. Daniel H. Miller, William McCreery, Wil- liam Hiuiisay, John Scott, Philander Stephens, John B. Sterigerc, Joel B. Sutherland, Samuel Smith, Thomas H. Sill— 25. {One cucant.) Delaware — Kensy Johns, jr. — 1. Maryland — Elias Brown. Clement Dorsej', Benjamin C. Howard, George E. Mitchell, Mi- chael C. Sprigg, Benedict I. Semmes, Richard Spencer, George C. Washington, Ephraim K. Wilson— 9. Virginia — Mark Alexander, Robert Allen, Wm. S. Archer, Wm. Armstrong, jr., John S. Barbour, Philip P. Barbour, J. T. Bouhling, Richard Coke, jr., Nathaniel H. Claiborne, Robert B. Craig, Philip Doddridge, Thomas Davenport, William F. Gordon, Lewis Max- well, Charles F. Mercer, William McCoy, Thomas Newton, John Roane, Alexander Smyth, Andrew Stevenson, John Taliaferro, James Trezvant— 22. North Carolina — ^Willis Alston, Daniel L. Barringcr, Samuel P. Carson, H. AV. Conner, Edmund Deberry, Edward B. Dudley, Thomas H. Hall, Robert Potter, William B. Shepard, Augustine II. Shepperd, Jesse Speight, Lewis Wiliiams — 12. {One vacant.) South C Blair, Johi Ham Dray McDuffie, —9. Georgia Haynes, A\ Wiley Thoi Wayne — 7. Kentuck Thomas Ch R. M. John Chittenden A. Wickliffl Tennessi Crockett, R .Johnson, P Standifer — ! Ohio — M William C GoodenoWj Russell, Wi Thomson, J Elisha Whil Louisian ton, Edwart Indiana- lohn Test- Alaba.ma on H. Lewis MississiPi Illinois- MlSSOURI- Michioam Arkansas Florida ' Andrew S speaker of tl 191 ; and h( Jackson, thi small one aj tlirown awa; didates), anr the people, ii tion — and s not military election. FinST ANNt TOTI THfi first « being alwo t licaiJ Thomas -0. ^' ssac C. Bates, s, Jlenry W. nin Gorhain, odges, Joseph 1 Richardson, BS9, Dutce J. Vm. W. Ells- J. Ingersoll, )race Everett, ry, Benjamin Benedict Ar- Bockee, Peter t) Crocheron, [lector Craig. \inson, Jonas Miciiael lIolF- Isey, Perkins ■ee, Henry C. ! Maxwell, E. 5. Kose, Hen- lose Spencer. y, Gulian. C. l. Richard M. aac Picrson, hG. lan, Richard )shua Evans, James Ford, )h Hemphill, :\dam King, burg, Alem Crcery,Wil- er Stephens, and, Samuel cuaint.) ent Dorsey, litchell, Mi- nes, Richard Kphraim K. If' jbcrt iVllen, .John S. Boulding, Claiborne, je, Thomas ewis Max- m McCoy, iider Smyth, rro, James Daniel L. V. Conner, cy, Thomas B. Shepard, ight, Lewiii ANNO 1829. ANDREW JACKSON, PRESIDENT. 121 South Carolina — Robert W.Barnwell, James Blair, John Campbell, Warren R. Davis, Wil- liam Drayton, William D. Martin, George McDuffle, ■William T. Nuckolls, Starling Tucker -9. Gkoroia — Thomas F. Forstcr, Charles E. Haynes, Wilson Lumpkin, Henry G. Lamar, Wiley Thompson, Richard H. AVilde, James M. Wayne — 7. Kentucky — James Clark, N. D. Coleman, Thomas Chilton, Henry Daniel, Nathan Gaither, R. M. Johnson, John Kinkaid, Joseph Lecomptc, Chittenden Lyon, Robert P. Letcher, Charles A. Wickliffo, Joel Yancey— 12. Tennessee — John Blair, John Bell, David Crockett, Robert Desha, Jacob C. Isacks, Cave Johnson, Pryor Lea, James K. Polk, James Standifer— 9. Ohio — Mordecai Bartley, Joseph H. Crane, William Creighton, James Findlay, John IL Goodenow, Wm. W. Irwin, Wm. Kennon, Wm. Russell, William Stanberry, James Shields, John Thomson, Joseph Vance, Samuel F. Vinton, Elisha Whittlesey— 14. Louisiana — Henry H. Gurley, W. 11. Over- ton, Edward D. White— 3. Indiana — Ratliff Boon, Jonathan Jennings, Mm Test— 3. Alabama— R. E. B. Baylor, C. C. Clay, Dix- on H. Lewis. — 3. Mississippi — Thomas Hinds — 1. Illinois — Joseph Duncan — 1. Missouri — Spencer Pettis — 1 DELEO ATE8. Michigan Territory — John Biddle — 1. Arkansas Territory — A. II. Sevier — 1. Florida Territory— Joseph M. White— 1. Andrew Stevenson, of Virginia, was re-elected speaker of the House, receiving 152 votes out of 191 ; and he classing politically with General Jackson, this largo vote in his favor, and the small one against him (and that scattered and thrown away on several different names not can- didates), announced a pervading sentiment among the people, in harmony with the presidential elec- tion — and showing that political principles, and not military glare, hcd produced the G- neral's election. CHAPTER XL I. FIRST ANNUAL MESSAGE OP GENERAL JACKSON TO THE TWO HOUSES OF CONGKEeS. THfi first annual message of a new President, being always a recommendation of practical measures, is looked to with more interest than the inaugural address, confinef collisions an instru- otection to rcpub'ican Timent — in compeers. ANNO 1829. ANDREW JACKSON, PRESIDENT. 123 We had a policy then — the result of thought, of judgment, and of experience : a navy for defence, and not for conquest : and, consequently, con- finable to a limited number of ships, adequate to their defensive object— instead of thousands, aiming at tho dominion of the seas. That policy was overthrown by tho success of our naval combats during the war ; and the idea of a great navy became popular, without any definite view of its cost and consequences. Admiration for good fighting did it, without having the same effect on the military policy. Our army fought well also, and excited admiration ; but without subverting the policy which interdicted standing armies in time of peace. The army was cut down in peace : the navy was building up in peace. In this condition President Jackson found the two branches of the service — the army reduced by two successive reductions from a large body to a very small one — (1000 men — ^.nd although illustrated with military glory yet re- fusing to recommend an army increase : the navy, from a small one during the war, becoming large during the peace — gradual increase tlie law — ship-building the active process, and rotting down the active effect ; and thus wc have been going on for near forty years. Correspondent to his array policy was that of President Jack- son in relation to the navy ; he proposed a pause in the process of ship-building and ship- rotting. He recommended a total cessation c'" the further building of vessels of the first and second class — sliips of the lino, and frigates — with a collection of materials for future use — and the limitation of our naval policy to the ob- ject of commercial protection. lie did not even include coast defence, his experience having shown him that tne men on shore could defend the land. In a word, he recommended a naval policy ; and that was the same which the re- publicans of 1798 had ai'. )pted, and which Vir- ginia made obligatory unon her senators in 1800 ; and which, under the blaze of shining victories, had yielded to the blind, and aimless, and endless operation of building and rotting peaceful ships of war. He said : " In time of peace, wc have need of no more ships of war than are requisite to the protection of our commerce. Those not wanted for this object must lay in the harbors, where, without pro|)er covering, they rapidly decay ; and, even under the best precautions for their preserva- tion, must soon become useless. Such is already the case with many of our finest vessels ; which, though unfinishofi, will now require immense sums of money to be restored to the condition in which they were, when committed to their proper clement. On this subject there can be but little doubt that our best policy would be, to discontinue the building of ships of the first and pccond class, and look rather to the in>s- sessi 1 of ample materials, prepared for tho emr . gencies of war, than to tho number of ves- sels which ve can float in a season of peace, as the index of our naval power." This was written twenty years ago, and by a President who saw what he described — many of our finest ships going to decay before they were finished — demanding repairs before they had sailed — and costing millions for which there was no return. We have been going on at the same rate ever since — building, and rotting, and sink- ing millions ; but little to show for forty years of ship-oarpentry ; and that little nothing to do but to cruise where there is nothing to catch, and to carry out ministers to foreign courts who arc not quite equal to tho Franklins, Adamses and Jeffersons — tho Pinckncys, llufus Kings, and Marshalls — the Clays, Gallutins and Baj'- ards — that went out in common merchant ves- sels. Mr. Jefferson told me that this would bo the case twenty-five years ago when naval glory overturned national policy, and when a navy board was created to facilitate ship-construction. But this is a subject which will require a chapter of its own, and is only incidentally mentioned now to remark that we have no policy with re- spect to a navy, and ought to have one — ♦hat there is no middle point between defence and conquest — and no sequence to a conquering navy Lilt wars with the world, — and the debt, taxes, pension list, and paup;^r list of Great Britain. The inutility of a Bank of the United States as a furnisher of a sound and uniform currency, and of questionable origin under our constitution, was thus stated : " The charter of tho Bank of the United States expires in 1836, and its stockholders will most pro- bably apply for a renewal of tlu ir jjrivileges. In order to avoid the evils resulting from precipi- tancy in a measure involving such important principles, and such deep pecuniary interests, I feel that I cannot, in Justice to the jjurties inter- ested, too soon present it to the deliberate con- sideration of the legislature and the people. Both tho c«nstitutiona!ity and the expediency of the law creating this bank, are well qu - tioncd by a largo portion of our fellow-citizens ; and it must be admitted by all, that it has failed hi ■ I' '1^^!'- '^k 124 THIRTY YEMIS' VIEW. mm in the great end of establishing a uniform and Bound currency." This is the clause which party spirit, and bank tactics, perverted at the time (and which has gone into history), into an attack upon the bank — a war upon the bank — with a bad mo- tive attributed for a war so wanton. At the •ame time nothing could be more fair, and just, and more in consonance with the constitution which requires the President to make the legis- lative recommendations which he believes to be proper. It was notice to all concerned — the bank on one side, and the people on the other — that there would be questions, and of high import — constitutionality and expediency — if the present corporators, at the expiration of their charter, should apply for a renewal of their privileges. It was an intimation against the institution, not against its administrators, to whom a compliment was paid in another part of the same message, in ascribing to the help of their "judicious arrange- ment " the averting of the mercantile pressure which might otherwise have resulted from the cuddcn withdrawal of the twelve and a half mil- lions which had just been taken from the bank and applied to the payment of the public debt. But of this hereafter. The receipts and expenditures were itated, respectively, for the preceding year, and estimated for the current year, the former at a fraction over twenty-four and a half millions — the latter a fraction over twenty-six millions — with large balances in the treasury, exhibiting the constant financial paradox, so difficult to be understood, of permanent annual balances "vith an even, or even deficient revenue. The passage of the message is in these words : " 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. Thlft receipts of the current year are estimated at twenty-four millions, six hundred and two thou- sand, two hundred and thirty dollars, and the expenditures for the same time at twenty-six millions one hundred and sixty-four thousand five hundred and ninety-five dollars ; leaving a balance in the treasury on the 1st of January next, of four millions four hundred and ten thou- sand and seventy dollars, eighty-one cents." Other recommendations contained ihe sound democratic doctrines — speedy and entire extinc- tion of the public debt — reduction of custom- house duties— equal and fair incidental protec- tion to the great national interests (agriculture, manufactures and commerce) — the disconnection of politics and tariffs — and the duty of retrench- ment by discontinuing and abolishing all useless offices. In a word, it was a message of the old republican school, in which President Jackson had been bred ; and from which he had never departed ; and which encouraged the young dis- ciples of democracy, and consoled the old surviv- ing fathers of that school. CHAPTER XLII. THE RECOVERY OF THE DIRECT TRADE WITU THE BRITISH WEST INDIA ISLANDS. The recovery of this trade had been a laruc ob- ject with the American government from tlie time of its establishment. As British colonics we enjoyed it before the Revolution ; as revolted colonies we lost it ; and as an independent na- tion we sought to obtain it again. The position of these islands, so near to our ports and shores — the character of the exports they reetived from us, being almost entirely the product of our farms and forests, and their large amount always considerable, and of late some four mil- lions of dollars per annum — the tropical pro- ductions which we received in return, and the large employment it gave to our navigation — all combined to give a cherished value to this branch of foreign trade, and to stimulate our government to the greatest exertions to obtain and secure its enjoyment ; and with the advan- tage of being carried on by our own vessels. But these were objects not easily attainable, and never accomplished until the administration of President Jackson. All powers arc jealous of alien intercourse with their colonics, and have a natural desire to retain colonial trade in their own hands, both for commercial and political reasons ; and have a perfect right to do so if they please. Partial and conditional admission to trade with their colonies, or total exclusion from them, is in the discretion of the mother country ; and any participatior Jn their trade by virtue of treaty stipulations or legislative enactment, is the result of concession — general- ly founded in a sense of self-interest, or at best in a calculation of mutual advantage. No less than six negotiations (besides several attempts at "concerted legislation") had been carried on between the I this subject ; General Jack nothing more year, or for ^ pled with coi lege. It was General Was knowledge of dates both th( of getting adn right of Grea joyment to o practical kno seen it enjoy subjects, lost pendent state the use and recover it. It foreign relatio becoming Pre his hand to it, tober, 1789— j tion — in a lett Oouverneur ] with his own the British go mercial tventy that he made lation to alio trade. Privil tion ran thus on your mind productions ir and bringing, islands to ou: here as of the It was a pr gotiation witl instructions t shows that only asked a and upon te This is so mi of this questic case, and espe Senate, of w tions through ject was mad to give the i ton to Mr. Ji these: r-HJC ANNO 1829. ANDREW JACKSON, PRESIDENT. ^m 125 y of retrench- ng all useless go of the old lent Jackson iie had never le young dis- le old surviv- I. rRADE WITH LANDS. n a largo ob- int from the tish colonics ; as revolted ?pendent na- The position s and shores tiey received product of rgo amount, ne four niil- ropical pro- urn, and the navigation — ■alue to tliis imulatc our IS to obtain I the advan- |\vn vessels. ■ attainable, ministration are jealous CR, and have ■ade in their nd political to do so if il admission il exclusion the mother their trade legislative n — general- ., or at best e. No loss al attempts I carried on between the United States and Great Britain on this subject ; and all, until the second year of General Jackson's administration, resulting in nothing more than limited concessions for a year, or for ^ort terms ; and sometimes cou- pled with conditions which nullified the privi- lege. It was a primary object of concern with General Washington's administration ; and a knowledge of the action then had upon it eluci- dates both the value of the trade, the difiBculty of getting admission to its participation, and the right of Great Britain to admit or deny its en- joyment to others. General Washington had practical knowledge on the ^lubject. He had seen it enjoyed, and lost — enjoyed as British subjects, lost as revolted colonies and inde- pendent states — and knew its value, both from the use and the loss, and was most anxious to recover it. It was almost the first thing, in our foreign relations, to which he put his hand on becoming President ; and literally did he put his hand to it. For as early a.s the 14th of Oc- tober, 1789 — just six months after his inaugura- tion — in a letter of unofficial instructions to Mr. Qouvcrneur Morris, then in Europe, written with his own hand (requesting him to sound the British government on the subject of a com- mercial tventy with the United States), a point that he made was to ascertain their views in re- lation to allowing us the "privilege" of this trade. Privilege was his word, and the instruc- tion ran thus . " Let it be strongly impressed on your mind that the privilege of carrying our productions in our own vessels to their islands, and bringing, in return, the productions of those islands to our ports and markets, is regarded here as of the highest importance," &c. It was a prominent point in our very fi-st ne- gotiation with Great Britain in 1794 ; and the instructions to Mr. Jcy, in May of that year, shows that admission to the trade was then only asked as a privilege, as in the year '89, and upon terms of limitation and condition. This is so material to the right understanding of this question, and io the future history of the case, and especially of a debate and vote in the Senate, of which President Jackson's instruc- tions through Mr. Van Buren on the same sub- ject was made the occasion, that I tliink it right tfl give the instructions of President Washing- ton to Mr. Jay in his own words. They were " If to the actual footing of our commerce and navigation in the British European dominions could be added the privilege of carrying directly from the United States to the British West In* dies in our own bottoms generally, or of certain specified burthens, the articles which by the Act of Parliament, 28, Geo. III., chap. 0, may bo carried thither in British bottoms, and of bring- ing them thence directly to the United States in American bottoms, this would afford an accepta- ble basis of treaty for a term not exceeding fif- teen years." An article was inserted in the treaty in con- formity to these principles— our carrying vessels limited in point of burthen to seventy tons and under ; the privilege limited in point of duration to the continuance of the then existing war be- tween Great Britain and the French Republic, and to two years after its termination ; and re- stricted in the return cargo both as to the na- ture of the articles and the port of their destina^ tion. These were hard terms, and precarious , and the article containing them was " suspended " by the Senate in the act of ratification, in the hope to obtain better ; and are only quoted here in order to show that this direct trade to the British West Indies was, from the beginning of our federal government, only sought as a privi- lege, to be obtained under restrictions and limi- tations, and subordinately to British policy and legislation. This was the end of the first nego- tiation; five others were had in the ensuing thirty years, besides repeated attempts at " con- certed legislation " — all ending either abortively or in temporary and unsatisfactory arrange- ments. The most important of these attempts was in the years 1822 and 1823 : and as it forms an es- sential item in the history of this case, and shows, besides, the good policy of letting " well-enough" alone, and the great mischief of iriserting an ap- parently harmless word in a bill of which no one sees the drift but those in the secret, I will here give its particulars adopting for that purpose the language of senator Samuel Smith, of Mary- land, — the best qualified of all our statesmen to speak on the subject, he having the practical knowledge of a merchant in addition to experi- ence as a legislator. His statement is this : " During the session of 1822, Congress was in- formed that an act was pending in Parliament for the opening of the colonial ports to' the com- merce of the United Stf;tes. In consequence, an act was passed authorizing the President (then II 'III! 126 THIRTY YEARS* VIEW. * 'i 1 H5-M. Mr. Monroe), in case the act of Parlinmcnt was satisfactory to him, to open the porta of the United States to British vessels by his procla- mation. The act of Parliament was deemed satisfactor}', and a proclamation was accordingly issued, and the trade commenced. Unfortunate- ly for our commerce, and I think contrary to justice, a treasury circular issued, directing the collectors to charge British vessels entering our ports with the alien tonnage and discriminating duties. This order was remonstrated against by the British minister (I think Mr. Vaughan). The trade, however, went on uninterrupted. Congress met, and a bill was drafted in 1823 by Mr. Adams, then Secretary of State, and passed both Houses, with little, if any, debate. I voted for it, believing that it met, in a spirit of reci- procity, the British act of Parliament. This bill, however, contained one little word, " elsewhere," which completely defaated all our expectations. It was noticed by no one. The senator from Mas- sachusetts (Mr. Webster) may have understood its effect. If he did so understand it, he was si- lent. The effect of that word " elsewhere " was to assume the pretensions alluded to in the in- structions to Mr. McLanc. (Pretension to a " right " in the trade.) The result was, that the British government shut their colonial ports im- mediately, and thenceforward. This act of 1822 gave us a monopoly (virtually) of the West In- dia trade. It admitted, free of duty, a variety of articles, such as Indian corn, meal, oats, peas, and beans. The British government thought we entertained a belief that they could not do without our produce, and by their acts of the 27th June and 5th July, 1825, they opened their ports to all the world, on terms far less advan- tageous to the United States, than those of the act of 1822." Such is the important statement of General Smith. Mr. Webster was present at tho time, and said nothing. Both these acts were clear rights on the part of Great Britain, and that of 1825 contained a limitation upon the time within which each nation was to accept the privilege it offered, or lose the trade for ever. This legisla- tive privilege was accepted by all nations which had any thing to send to the British West Indies, except the United States. Mr. Adams did not accept the proffered privilege — undertook to ne- gotiate for better terms — failed in the attempt — and lost all. Mr. Clay was Secretary of State, Mr. Gallatin the United States Minister in Lon- don, and the instructions to him were, to insist upon it as a " right " that our y 'duce should be admitted on the same terms on which produce from the British possessions were admitted. — This was the "elsewhere," &c. The British government refused to negotiate j and then Mr. Gallatin was instructed to waive temporarily the demand of right, and accept the privilege offered by the act of 1825. But in the mean time the year allowed in the act for its accept- ance had expired, and Mr. Gallatin was told that his offer was too late ! To that answer the British ministry adhered ; and, from the month of July, 182G, the direct trade to the British West Indies was lost to our citizens, leaving them no mode of getting any share in that trade, either in sending out our productions or receiv- ing theirs, but through the expensive, tedious, and troublesome process of a circuitous voyage and the intervention of a foreign vessel. The shock and dissatisfrxtion in the United States were extreme at this unexpected bereavement ; and that dissatisfaction entered largely into the political feelhigs of the day, and became a point of attack on Mr. Adams's administration, and an element in the presidential canvass which ended in his defeat. In giving an account of this untoward event to his government, Mr. Gallatin gave an account of his final interview with Mr. Iluskisson, from which it appeared that the claim of " right " on the part of the United States, on which Jlr. Gal- latin had been instructed to " insist," was " tem- porarily waived ;" but without effect. Irritation, on account of old scores, as expressed by Mr Gallatin— or resentment at our pertinacious per- sistence to secure a " right " where the rest of the world accepted a " privilege," as intimated by ]Mr. Huskisson — mixed itself with the re- fusal ; and the British government adhered to its absolute right to regulate the foreign trade of its colonics, and to treat us as it did the rest of the world. The following are passages from Mr. Gallatin's dispatch, from London, September 11,1827: " Mr. Iluskisson said it was the intention of the British government to consider tlie inter- course of the British colonics as being exclusive- ly under its control, and any relaxation from the colonial system as an indulgence, to bo granted on such terms as might suit the policy of Great Britain at the time it was granted. I said every question of light had, on this ocd • sion, been waived on the part of the United States, the only object of the present inquiry being to ascertain whether, as a matter of mu- tual convenience, the intercourse might not be 0|)ened in a manner satisfactory to botli coun- tries. He (Mr. II.) said tiiat it had apiKjared as }£ America had entertained the opinion that the r British West supplies; and Great Britain terms she plea or intention < But it appeare to Mr. Huskis der the influen of past events, interests of bo This was A order in counc to the United Mr. James Ba to London to the repulsed i The British go' tion : and thus commerce rem:; Adams, at the Congress, 1827 fact to that bo( Mice that an in sustained, redr( between the tv " At the com Congress, they unexpected exc of access, in ves their colonial bordering upon "In the amic cecded the adoj atH'cted harshlj l)ocame a subjt the principles been placed ha' It has at once \ to the old long monopoly, and resentment, ba liamcnt, openin conditions, had eagerness by tliom. At a SI mated that the because a prior ing certain col( densome restri States, had nol sion of Britisl their cargoes, v nation wliatev interdiction wl have manifeste alion or by coi to recede from tinctly to unci which were uc at their last i ' tern- ANNO 1829. ANDREW JACKSON, PRESIDENT. 127 British West Indies could not exist without her supplies ; and that slie might, therefore, compel Great Britain to open the intercourse on any terms she pleased. I disclaimed any such belief or intention on the part of the United States. But it appeared to me, and I intimated it, indeed, to Mr. Huskisson, that he was acting rather un- der the influence of irritated feelings, on account of past events, than with a view to the mutual interests of both parties." This was Mr. Gallatin's last dispatch. An order in council was issued, interdicting the trade to the United States; and he returned home. Mr. James Barbour, Secretary at War, was sent to London to replace him, and to attempt again the repulsed negotiation; but without success. The British government refused to open the ques- tion : and thus the direct access to this valuable commerce remained sealed against us. President Adams, at the commencement of the session of Congress, 1827-28, formally communicated this fact to that body, and in terms which showed at mice that an insult had been received, an injury sustained, redress refused, and ill-will established between the two governments. Ho said: " At the commencement of the last session of Congress, they were informed of the sudden and unexpected exclusion by the British government, of access, in vessels of the United States, to all tlieir colonial ports, except those immediately bordering upon our own territory. " In the amicable discussions which have suc- ceeded the adoption of this measure, which, as it afl'ected harshly the interests of the United States, became a subject of expostulation on our part, tlio principles upon which its justification has been placed have been of a diversified character. It has at once been ascribed to a mere recurrence to the old long-established principle of colonial monopoly, and at the same time to a feeling of resentment, because the offers of an act of Par- liament, opening the colonial ports upon certain conditions, had not been grasped at with sufficient eagerness by an instantaneous conformity to tliem. At a subsequent period it has been inti- mated that the new exclusion was in resentment, because a prior act of Parliament, of 1822, open- ing certain colonial ports, under heavy and bur- densome restrictions, to vessels of the United States, had not been reciprocated by an admis- sion of British vessels from the colonies, and their cargoes, without any restriction or discrimi- nation whatever. But, be the motive for the interdiction what it may, the British government have manifested no disjK)'M^tiUilSiiii^M»i ' 128 THIRTY YEARS' VIEW. ' !i M '■* (■'it'i sent minister to London; and in renewing an application which had been so lately and so cate- gorically rejected, some reason had to be given for a persistanco which might seem both impor- tunate and desperate, and even deficient in self- respect ; and that reason was found in the simple truth that there had been a change of adminis- tration in the United States, and with it a change of opinion on the subject, and on the essential point of a " right " in us to have our productions admitted into her West Indies on the same terms as British productions were received ; that we were willing to take the trade as a " privilege, " and simply and unconditionally, under the act of Parliament of 1825. Instructions to that effect had been drawn up by Mr. Van Buren, Secretary of State, under the special directions of General Jackson, who took this early occasion to act upon his cardinal maxim in our foreign inter- course : " Ask nothing but what is right — stib- mit to nothing wrong. '" This frank and candid policy had its effect. The great object was ac- complished. The trade was recovered; and what had been lost under one administration, and precariously enjoyed under others, and been the subject of fruitless negotiation for forty years, and under six diflercnt Presidents — Washington. John Adams, Jefferson, Madison, Monroe, Quiucy Ad- ams — with all their accomplished secretaries and ministers, was now amicably and satisfactorily obtained under the administration of General Jackson ; and upon the basis to give it perpetu- ity — that of mutual interest and actual recipro- city. The act of Parliament gave us the trade on terms nearly as good as those suggested by Washington in 1789; fully as good as those asked for by him in 1794 ; better than those in- serted in the treaty of that year, and suspended by the Senate ; and, though nominally on the same terms as given to the rest of the world, yet practically better, on account of our proximity to this British market; and our superabundance of articles (chiefly provisions and lumber) which it wants. And the trade has been enjoyed un- der this act ever since, with such entire satisfac- tion, that there is already an oblivion of the forty years' labor which it cost us to obtain it ; and a generation has grown up, almost without know- ing to whom they are indebted for its present enjoyment. But it made its sensation at the time, and a great one. The friends of the Jack- son administration exulted ; the people rejoiced ; gratification was general — but not universal • and these very instructions, under which such great ond lasting advantages had been obtained were made the occassion in the Senate of the United States of rejecting their ostensible author as a minister to London. But of this hereafter. The auspicious conclusion of so delicate an af- fair was doubtless first induced by General Jack- son's frank policy in falling back upon Washing- ton's ground of '• privilege, " in contradistinction to the new pretension of " right, -' — helped out a little, it may be, by the possible after-clap sug- gested in the second part of his maxim. Good sense and good feeling may also have had its in- fluence, the trade in question being as desirable to Great Britian as to tho United States, and better for each to carry it on direct in their own vessels, than circuitously in the vessels of others; and the articles on each side being of a kind to solicit mutual exchange — tropical productions on one part, and those of the temperate zone on the other. But there was one thing which certainly contributed to the good result, and that was the act of Congress of May 29th, of which General Samuel Smith, senator from Blaryland, was the chief promoter ; and by which the President was authorized, on the adoption of certain measures by Great Britian, to open the ports of the United States to her vessels on reciprocal terms. The effect of this act was to slrengthen General Jack- son's candid overture ; and the proclamation ojxjning the trade was issued October the 5th, 1830, in the second year of the first term of the administration of President Jackson. And under that proclamation this long desired trade has been enjoyed ever since, and promises to be en- joyed in after time co-ex tendingly with the dura tion of peace between the two countries. r CHAPTER XLIII. ESTABLISHMENT OF TDE GLOBE NEWSPAPER. At a presidential levee in the winter of 18.10 -'31, Mr. Duff Green, editor of tho Telegraph newspaper, addressed a person then and now a respectable resident of Washington city (Mr. J M. Duncanson), and invited him to call at his house, as he had something to say to him which would require was made, an closod, which bis (Mr. IJui tion of a sche tial election, bo prevented election, and 1 ward in his p that a rupture Jackson and ence had tak about (as he Van Buren ; in print, but il arrangements cratic papers the States wer known to the ] elusive interest of them as edit ments were ( startle the coi the difficulty Mr. Calhoun), all the secured Telegraph, wq ;iud cry out at would seem to tion against Mr so great, that ei would be unabi Mr. Duncans in the ex ecu tic charge of the Fi flattering induce to do so. Mr. 1 regret at all thn friend of Gcnen —opposed to a: being a candidi success, if attem termination to i abandoned. Mi —said that the and might not b of 'the first int( Mr. Green calle 'i liira that a rii and renewed his charge of some editor on a liber Vol. I.- ANNO 1829. ANDREW JACKSON, PRESIDENT. 129 universal ; vhich such II obtained, nate of the iblo author hereafter, icatc an af- neral Jack- 1 Washing- idistinction elpcd out a r-clap sug- :im. Good ! had its in- is desirable States, and Q their own s of others; f a kind to ductions on zone on the 2h certainly hat was the ich General id, was the esident was bi measures the United 3rms. The neral Jack- 'oclaiuatioD cr the 5th, term of the And under trade has to be en- thc dura cs. F8PAPER. of 18.10 Telegraph md now a y (Mr. J :all at his im which would require a confidential interview. The call was made, and the object of the interview dis- closed, which was nothing less than to engage his (Mr. Duncanson's) assistance in the cxccu- tion of a scheme in relation to the next presiden- tial election, in which General Jackson should bo prevented from becoming a candidate for re- election, and Mr. Calhoun should be brought for- ward in his place. He informed Mr. Duncanson that a rupture was impending between General Jackson and Mr. Calhoun ; that a correspond- ence had taken place between them, brought about (as ho alleged) bj' t^io intrigues of Mr. Van Buren ; that the correspondence was then in print, but its publication delayed until certain arrangements could be made ; that the demo- cratic papers at the most prominent points in the States were to be first secured ; and men well known to the people as democrats, but in the ex- clusive interest of Mr. Calhoun, placed in charge of them us editors ; that as soon as the arrange- ments were complete, the Telegraph would startle the country with the announcement of the difficulty (between General Jackson and Mr. Calhoun), and the motive for it; and that all the secured presses, takmg their cue from the Telegraph, would take sides with Mr. Calhoun, ;iud cry out at the same time ; and the storm would seem to be so universal, and the indigna- tion against Mr. Van Buren would appear to be so great, that even General Jackson's popularity would be unable to save him. Mr. Duncanson was then invited to take part in the execution of this scheme, and to take charge of the Frankfort (Kentucky) Argus ; and flattering inducements held out to encourage him to do so. Mr. Duncanson expressed surprise and regret at all that he heard — declared himself the friend of General Jackson, and of his re-election —opposed to all schemes to prevent him from being a candidate again — a disbeliever in their success, if attempted — and made known his de- termination to reveal the scheme, if it was not abandoned. Mr. Green begged him not to do so —said that the plan was not fully agreed upon ; and might not be carried out. This was the end of 'the first interview. A few days afterwards Mr. Green called on Mr. Duncanson, and inform- "(1 liim that a rupture was now determined upon, and renewed his proposition that he should take charge of some paper, cither as proprietor, or as editor on a liberal salary — one that would tell on Vol. I.— 9 the farmers and mechanics of the country, and made bo cheap as to go into every workshop and cabin. Mr. Duncanson was a practical printer — owned a good job office — was doing a largo business, especially for the departments — and only wished tc< remain as he was. Mr. Green offered, in both interviews, to relieve him frora that concern by purchasing it from him, and as- sured him that he would otherwise lose the printing of the departments, and be sacrificed. Mr. Duncanson again refused to have any thing to do with the scheme, consulted with some friends, and caused the whole to be communicat- ed to General Jackson. The information did not take the General by surprise ; it was only a con- firmation of what ho well suspected, and had been wisely providing against. The history of the movement in Mr. Monroe's cabinet, to bring him before a military court, for his invasion of Spanish territory during the Seminole war, had just come to his knowledge; the doctrine of nuUification had just been broached in Congress; his own patriotic toast: "The Federal Union: it must bo preserved " — had been delivered ; his own intuitive sagacity told him all the rest — the breach with Mr. Calhoun, the defection of th« Telegraph, and the necessity for a new paper at Washington, faithful, fearless and incorruptible. The Telegraph had been the central metro- politan organ of his friends and of the demo- cratic party, during the long and bitter canvass which ended in the election of General Jackson, in 1828. Its editor had been gratified with the first rich fruits of victory — the public printing of the two Houses of Congress, the executive patronage, and the organship of the administra- tion. The paper was still (in 1830) in its columns, and to the public eye, the advocate and supporter of General Jackson ; but ho knew what was to happen, and quietly took his mea- sures to meet an inevitable contingency. In the summer of 1830, a gentleman in one of the pub- lic offices showed him a paper, the Frankfort (Kentucky) Argus, containing a powerful and spirited review of a certain nullification speech in Congress. lie inquired for the author, ascer- tained him to be Mr. Francis P. Blair — not the editor, but an occasional contributor to the Argus — and had him written to on the subject of tak- ing charge of a paper in Washington. The ap- plication took Mr. Blair by surprise. He was. not thinking of changing his residence and pur- If ililv 1'! lii|i, 130 TFIIRTY YEARS' VIEW. b!;ii ^■fi'i iii la " ' I! 'M '- i suits. He was wi'll ot'cupied whero ho was — clerk of the lucruiivo oflice of the Stato Circuit Court at llio cupitul of tliu State, salaried presi- dent of the Coiiimonweolth Bank (by the elec- tion of the legislature), ami proprietor of a farm and slaves in that rich State. But ho was devot- ed to Cienerul Jackson and his measures, and did not hesitate to relinquish his secure advantages at homo to engage in the untried business of editor at Wasliington. He came — established the Globe newspaper — and soon after associated with John C. Rives, — a gentleman worthy of the association and of the confidence of General Jack- son and of the democratic party : and under their management the pap(!r became the efficient and faithful organ of the administration during the whole period of his service, and that of his suc- cessor, Mr. Van Buren. It was established in time, and just in time, to meet the advancing events at "Washington City. All that General Jackson had foreseen in relation to the conduct of *ho Telegraph, and ail that had been com- municated to him through Mr. Duncanson, came to pass : and he found himself, early in the first term of his administration, engaged in a triple war — with nullification, the Bank of the United States, and the whig party : — and must have been without defence or support from the news- paper press at Washington had it not been for his foresight in establishing the Globe. CHAPTER XLIV. LIMITATION OP PUBLIC LAND SALES. 8USPKN- SION OF SUKVEY9. ABOLITION OF THE OFFICE OF SUKVEYOli GENERAL. OKIGIN OF THE UNI- TED STATES LAND SYSTEM. AUTIIOUSIIIP OF THE ANTI-SLAVERY ORDINANCE OF 1778, SLA- VERY CONTROVERSY. PROTECTIVE TARIFF. INCEPTION OF THE DOCTRINE OF NULLIFICA- TION. At the commencement of the session 1829-'30, Mr. Foot, of Connecticut, submitted in the Sen- ate a resolution of inquiry which excited mu«h feeling among the western members of that body. It was a proposition to inquire into the expe- diency of limiting the sales of the public lands to those then in market — to suspend the surveys of the public lands— and to abolish the office of Surveyor Qcnerftl. The effect of such a resolu- tion, if sanctioned uyion inquiry and carried into legislative effect, would have been to check emi- gration to the new States in the West — to check the growth and settlement of thcso States and territories — and to deliver up largo portions of them to the dominion of wild beasts. In that sense it was immediately taken up by myself, and other western members, and treated as an injurious proposition — insulting as well as inju- rious — and not fit to bo considered by a com- mittee, much less to bo reported upon and adop- ted. I opened the debate against it in a speech of which the following is an extract : " Mr. Benton disclaimed all intention of hav- ing any thing to do with the motives of tho mover of the resolution : ho took it according to its effect and operation, and conceiving this to be eminently injurious to the rights and interests of the new States and Territories, he should jus- tify the view which he had taken, and the vote ho intended to give, by an exposition of facts and reasons which would show the disastrous nature of the practical effects of this resolution. " On the first branch of these effects — check- ing emigration to the West — it is clear, that, if the .sales are limited to the lands now in market, emigration will cease to flow ; for these laiuls are not of a character to attract people at a di.s- tance. In Missouri tliey are the refuse of forty years picking under the Spanish Governnient. and twenty more under tho Government of the United States. Tho character and value of this refuse had been shown, ofiicially, in tho reports of the Registers and Receivers, made in obedience to a call from the Senate. Other gentlemen would .show what was said of it in their respec- tive States ; lie would confine himself to his own, to the State of Missouri, and show it to bo miserable indeed, Tho St. Louis District, con- taining two and a quarter millions of acres, was estimated at an average value of fifteen cents per \ acre ; the Cape Girardeau District, containing i four and a half millions of acres, was estimated j at twelve and a half cents per acre ; the Wes- tern District, containing one million and throe j quarters of acres, was estimated at sixty-two and a half cents; from the other two districts! there was no intelligent or pertinent return ; but j assuming them to be equal to the Western Dis- trict, and the average value of the lands thcyj contain would bo only one half the amount off tho present minimum price. This being the! state of the lands in Missouri which would be| subject to sale under the operation of this reso hition, no emigrants would bo attracted to them.j Persons who remove to new countries want nev lauds, first choices ; and if they cannot get these tliey have no sufficient inducement to move. '• The second ill effect to result from this reso lution, supposing it to ripen into the measup which it implies to be necessary would be ANNO 1820. ANPKEW JACKSON, niESIDENT. 131 1 .,- ill limiting the st'ttlcincnts in the now iStntcs and TtTritoricH. This limitation of Hcttlcni.'nt would bo the incvitnhto clFect of confining tlo sales to tho lands now in market. These lands in Mis- souri, only amount to one third of Jio State. Hy consequence, only one third coulc'. bo settled. Two thirds of the .State woultl remain without inhabitants ; tho resolution says, for ' a certain period,' and tho gentlemen, in their speeches, expound this certiiin period to bo seventy-two years. They say .sevsnty-two millions of acres aro now in market ; that wc .sell but one million a year ; thoroforo, wo have enough to supply the demand for seventy-two years. It does not en- ter their heads to consider that, if the price was adapted to the value, all this sovcnty-two mil- lions that is fit for cultivation would be sold immediately. They must go on at a million a year for seventy-two years, the Scripture term of tho life of man — a long period in tho age of a nation ; the exact period of tho Uabylonish cap- tivity — a long and sorrowful period in tho his- tory of the Jews ; and not less long nor less ' sorrowful in the history of tho West, if this resolution should take effect. '• The third point of objection is, that it would deliver up large portions of new States and Ter- ritories to the dominion of wild beasts. In Mis- souri, this surrender would be equal to two-thirds of tho State, comprising about forty thousand square miles, covering tho whole valley of the Osago Jliver, besides many other parts, and &\y- pioaching within a dozen miles of the centre and capital of the State. All this would be deliver- ed up to wild beasts : for tho Indian title is ex- tinguished, and tho Indians gone ; the white peo- ple would be excluded from it ; beasts alone would take it ; and all this in violation of the Divino command to replenish tho earth, to in- crease and multiply upon it, and to have domin- ion over tho beasts of the forest, the birds of the air, tho fish in tho waters, and the creeping things of the earth. " The fourth point of objection is, in tho remo- val of the land records — the natural effect of abolishing all the offices of the Surveyors (Joneral. Tiiese offices are five in number. It is proposed to abolish them all, and the reason assigned in debate is, that they are sinecures ; that is to say, offices which have revenues and no eiui)loy- ment. This is the description of a sinecure. We have one of those offices in Missouri, and I know something of it. The Surveyor General, Colonel McRee, in point of fidelity to his trust, belongs to the school of Nathaniel Macon ; in point of science and intelligence, he belongs to the first order of men that Europe or America contains. lie and his clerks carry labor and drudgery to tho ultimate point of human exer- tion, and still fall short of the task before them ; and this is an office which it is proposed to abolish under the notion of a sinecure, as an office with revenues, and without employment. j The abolition of those offices would involve the necessity of removing all their records, and thus dcprivirg the country of all the evidences of the foundations of all the lanut tho gentleman's plan wordd bo incomplete without including the General Land Olliue in this city, tho principal business of which is to su|)erintend the five Siu- voyor (Jenoral's offices, and for which there could bo but little use after they were aliolished. " These aro tho practical effects of the resolu- tion. Emigration to tho new States checked ; their settlement limited ; a largo portion of tlieir surface delivered up to tho dominion of beasts ; the land records removed. Such are the injuries to be inflicted upon the new States, and we, the senators fiom those States, aro called upon to vote in favor of the resolution which projwscs to inquire into tho expediency of committing all those enormities 1 I, for one, will not do it. I will vote for no such inquiry. I would as soon vote for inquiries into the expediency of confia- grating cities, of devastating provinces, and of submerging fruitful lands under the waves of tho ocean. " I take my stand upon a great nioral principle : that it is never right to inquire into the cxixjdi- ency of doing wrong. " Tho proposed inquiry is to do wrong ; to in- flict unmixed, unmitigated evil upon the new States and Territories. Such inquiries aro not to be tolerated. Courts of law will not sustain actions which have immoral foundations ; legis* lative bodies should not sustain inquiries which have iniquitous conclusions. Courts of law make it an object to give public satisfaction in the a otiored for sale, was like requirmg the bones of the first turkey lO f)o eat up before the breast of the second one should l)0 touched. Yet such was the provision contained in the first ordinance for the sale of the pul)lic lands, reported by a committee of twelve, of which eight were from the north and four from the south side of thu Potomac. How invincible must have been the detorminoition of some politicians to prevent the settlement of the West, when they would tliu.s counteract the sales of the lands which had just bcon obtained after years of importunity, for tho payment of the public debt ! " When this ordinance was put upon its pas- sage in Congress, two Virginians, whoso names. for that act alone, would deserve the lasting gra- titude of the West, levelled their blows against the obnoxious provision. Mr. Grayson moved to strike it out, and Mr. Monroe seconded him ; and, after an animated and arduous contest, they suc- ceeded. The whole South supported them ; not one recreant arm from the South ; many scatter- ing members from the North also voted with the South, and in favor of the infant AVest ; prov- ing then, as now, and as it always has been, that the West has true supporters of her rights ami interests — unhappily not enough of them — in that quarter of the Union from which the mea- sures have originated that several times threaten- ed to be fatal to her." Still enlarging its circle, but as yet still confined to the sale and disposition of the public lands, the debate went on to discuss the propriety ol selling them to settlers at auction prices, and at an abitrary minimum for all qualities, and a re- fusal of donations ; and in this hard policy the North was again considered as the exacting part of the Union — the South as the favorer of liberal terms, and the generous dispenser of gratuitous grants to the settlers in the ne\ir States and Ter- ritories. On this point, Mr. Hayne, of South Carolina, thus expressed himself: " The payment of ' a penny,' or a ' pcpjicr corn,' was the stipulated price which our fathers along the whole Atlantic coast, now composing the old thirteen States, paid for their lands ; and even when conditions, seemingly more substan- tial, were annexed to the grants ; such for instance as ' settlement and cultivation ; ' these were con- sidered as substantially complied with, by the cutting down a few trees and erecting a log cabin — the work of only a few da)s. Even these con- ditions very soon came to be consideretl as merely nominal, and were never required to be pursued, in order to vest in the grantee the fee simple ol the soil. Such was the system under which this countr}'- was originally settled, and under which the thirteen colonies Hourished and grew up to that early and vigorous manhood, which enabled them in a few years to achieve their independence ; and I beg ge fact, that, wl to the niolhe industry wer hunils. No« hon which hii systeni in ('an it be an.^ only certain ncss. great ai not that poll! •hat the coni, out •• the savii cutting down countering n1 sarily incidei ness into cull pie of the so the mother for the value tions to her | mercc and ( and populou> candid consii policy so dial been invarial wards the no so just and I to believe. ( nics to the noi to the south reared up un which had bei every .settler, pense of the into the ham sale at the hi the most favc a spirit of th( with a limita below a certi as it would si not to settle tion of new I ing our landi The debat eign to the e olution, and nations, wou ing to any this ; and to its indefinite motion he di new topics, i extended th^ posed to ten ferred to th( ing the fam ernment of pecially in ANNO 1829. ANDREW JACKSON, I'RESIDENT. 133 t and I beg gentlemen to recollect, and note thu fuct, that, while they {mid Nubstantiaily nothing to the mother country, the whole protits of their industry were Hud'ered to remain in their own hiiiids. Now, what, let us im^uiro, waH tlio rea- son which hiis induced all nations to adopt this systiin in the settlement of new countries? Can it he any other than this ; that it aflbrds tho only certain means of building up in a wiider- ni'ss, great and pros|M>rous communities 1 Was not that policy founded on the universal belief, that the conquest of a new country, the driving out " the savage beasts and still more savage men," cutting down and subduing the forest, and en- countering all thu hardships and pi'ivations neces- sarily incident to the conversion of the wilder- ness into cultivated fields, was worth the fee sim- ple of the soil ? And was it not believed that the mother country found ample remuneration for the value of the land so granted, in the addi- tions to her power and tho new sources of com- merce and of wealth, furnished by prosperoris and populous States? Now, sir, I submit to the candid consideration of gentlemen, whether the policy so diametrically opposite to this, which has been invariably pursued by the United States to- wards the new States in the West has been quite so just and liberal, as wo have been accustomed to believe. Certain it is, that the British colo- nies to the north of us, and the Spanish and French to tlie south and west, liavo been fostered and reared up under a very diO'erent system. Lands, which had been for fifty or a hundred years open to every settler, without any charge beyond the ex- pense of the survey, were, the moment they fell into the hands of the United States, held up for sale at the highest price that a public auction, at the most favorable seasons, and not unfrequently a spirit of tho wildest competition, could produce ; with a limitation that they should never be sold below a certain minimum price ; thus making it, as it would seem, the cardinal point of our policy, not to .settle the country, and facilitate the forma- tion of new States, but to till our cofl'ers by coin- ing our lands into gold." The debate was taking a turn which was for- eign to the expectations of the mover of the res- olution, and which, in leading to sectional crimi- nations, would only inflame feelings without lead- ing to any practical result. Mr. Webster saw this ; and to get rid of the whole subject, moved its indefinite postponement ; but in arguing his motion he delivered a speech which introduced new topics, and greatly enlarged the scope, and extended the length of the debate which he pro- posed to terminate. One of these new topics re- ferred to the authorship, and the merit of pass- ing the famous ordinance of 1787, for the gov- ernment of the Northwestern Territory, and es- pecially in relation to tho antislavery clause which that onlinancc contained. Mr. Webster claimed the merit of this authorship for Mr. Niithan Dane — an eminent jurist of Mussiichu- sctts, and avowed that '• it iffw carriiit hij the North, and by the North ulomy I replied, claiming the authorship for Jlr. JefUrson, and showing from the Journals that ho (Mr. .leller- son) brought the njuasurc into Congress in the year 1784 (the I'Jth of April of that year), as chairman of a committee, with tho antislavery clause in it, which Mr. Speight, of North Caroli- na, moved to strike out ; and it was struck out — tho three Southern States present voting for the striking out, because tho clause did not then contain tho provision in favor of tho recovery of fugitive slaves, which was oftcrwards ingrafted upon it. Mr. Webster says it was struck out because •' nine States " did not vote for its reten- tion. That is an error arising from confounding the powers of the confederation. Nine States were only required to concur in measures of tho highest import, as declaring war, making i)eace, negotiating treatif &c., — and in all ordinary legislation the roncurrence of a bare majority (seven) was suflicient ; and in this case there were only six States voting for the retention. New Jersey being erroneously counted by Mr. AVebstcr to make seven. If she had voted the number would have been seven, and the clause would have stood. He was led into the error by seeing tho name of Mr. Dick appearing in the call for New Jersey ; but New Jersey was not present as a State, being represented by only one member, and it requiring two to constitute the presence of a State. Mr. Dick was indulged with putting his namo on the Journal, but his vote was not counted. Mr. Webster says the ordi- nance reported by Mr. JelTerson in 1784. did no*' pass into a law. This is a mistake again. li did pass ; and that within five days after the antislavery clause was struck out — and that without any attempt to renew that clause, although the competent number (seven) of non-slaveholding States were present — the col- league of Mr. Dick having joined him, and con- stituted the presence of New Jersey. Two years afterwards, in July 1787, the ordinance was pass- ed over again, as it now stands, and was pre- eminently the work of the South. The ordi- nance, as it now stands, was reported by a com- mittee of five members, of whom three were from slaveholding States, and two (and one of III If'., !"i!l 134 THIRfT TEARS' VIEW. l :U ' .i I .* I' them the chairman) wore from Vii{;;inia alone. It received its first reading the day it i^as re- ported — its second reading the Hcxt day, wi. ^n one other State had appeared — the third rcadi >g on the day ensuing; going through all the forms of legislation, and becoming a law in three days — receiving the votes of the eight States present, and the vote of every member of each State, except one; and that one from a free State north of the Potomac. These details I verified by producing the Journals, and showed under the dates of July llth,1787, and July 12th and 13th, the votes act dally given for the ordi- nance. The same vote repealed the ordinance (Mr. Jeflerson's) of 1784. I read in the Senate the passages from the Journal of the Congress of the confederation, the passages which showed these votes, and incorporated into the speech which I published, the extract from the Journal which I produced ; and now incorporate the same in this work, that the authorship of that ordi- nance of 1787, and its passage through the old Congress, may be known in all time to come as the mdisputable work, both in its conception and consummation, of the South. This is tho ex- *"act : THE JOURNAL. Wednesday, July Wth, 1787. " Congress assembled : Present, thj seven Stot s above mentioned." (Massachusetts, New Y'. i*k, New Jereey, Virginia Nortn Carolina, South Carolina, and Georgia — i.) " The Committee, consisting of Mr. Carring- ton (of Virginia), Mr. Dane (of Massachusetts), Mr. 11. H. Lee (of Virginia), Mr. Kcan (of South Carolina), and Mr. Smith (of New York), to whom was referred the report of a committee touching the temporary government of the Wesi- ern Territory, reported an onlinance for the go- vernment of the Territory of the United States northwest of the river Ohio ; wliich was read a first time. "Ordered, That to-morrow be assigned for the second reading." " Thursday, July \2th, 1787. " Congress assembled : Present, Massachu- setts, New York, New Jersey, Delaware, Vir- ginia, North Carolina, South Carolina, aitd Geor- gia-(8.) "According to order, the ordinance for the governm(!nt of the Territory of the United States northwest of the river Ohio, was read a second time. "Ordered, That to-morrow be assigned for tho third reading of said ordinance." ''Friday, Julif 13//i, 1787. ,. " Congress assembled : Present, as yesterday. " According to order, the ordinance for tho government of the Territory of the United States northwest of the river Ohio, was read a third time, and passed as follows." [Here follows the whole o-dinance, in tho voy words in which it now appears among tho laws of the United States, with the non-slavery clause, the provis'ons in favor of schools and education, against impairing the obligation of contracts, laying the foundation and security of all these stipulations in compact, in favor of re- storing fugitives from service, and repealing tho oi-dinance of 23d of April, 1784 — the one report- ed by Mr. Jefl'erson.] "On passing the above ordinance, the yens and nays being required by Mr. Yates : Massachusetts — Mr. Holten, aye ; Mr. Bane, aye. New York — r>fr. Smith, oye ; Mr. Yates, no ; Mr. Harring, aye. New Jersey — Mr. Clarke, aye ; IMr. Scheur- man, aye. Delaware. — Mr. Kearney, aye ; Mr. Mitchell, aye. Virginia — Mr. Grayson, aye ; M-. R. IT. Lee, aye ; Mr. Carrington, aye. North Carolina — Mr. Blount, aye ; Mr. Haw- kins, aye. South Carolina — Mr. Kean, aye ; Mr. Hu- ger. aye. Georgia — Mr. Few, aye ; Mr. Pierce, aye. So it was resolved in the aflBrmative." (Page 754, volume 4.) The bare reading of these passages from the Journals of the Congress cf the old confwlera- tion, shows how erroneous Mr. Webster was in these portions of his s])eich : " At the foundation of the constitution of these new northwestern States, w- are accustomed, sir, to praise the lawgivers of antiquity ; we help to perpetuate the fame of Solon and L3car- gus ; but I doubt whether one single law of any lawgiver, ancient or modern, has produced cflecls of more distinct, marked, and lasting churucter, than the ordinance of '87. That instrument, was drawn hy Nathan Dane, then, and now, a citizen of Massachusetts. It was adopted, as I think I have understood, without the slightest alteration ; and certainly it has happened to fuw men to be the authors of a political measure of more large and enduring consequence. It fixed, for ever, the character ot the population in the vast regions northwest of tho Ohio, hy exclud- ing from them involuntary servitude. It iia- pressed on the soil itself, while it was yet a wil- derness, an incapacity to bear iip any other than free men. It laid the interdict against personal servitude, in original compact, not only deeper tbau all local law, but deeper, also, than all local 1 ■' constitutions existing, I 1( able provisio its con.sequei never cease shall flow, of preventiot no intelliger to ask whetl been applied a wilderness gap of the would have ness of that not to be doi produced an measured in extent and i sir, this grea north, and b deed, individi it was supp votes of the had been go views now i was, of all her purpose! means of re from her o\ looked to tha She deemed the States th and advantaj adhered to tl after year, ui " An attere the North to sion of slavei The journal, fates such a was made, M following, a Jefferson, CI for a tcmpori which was i 1800, ihe-e untary sorvii wise than in party shall 1 of North C paragraph, the form th stand, as pa shire, Massi cut. New Yc —seven Stal land. Virgin tive. Nortli sent of nin could not sti ly. Mr. Je overruled b3 "In Man of Massachi Rhode Islai ANNO 1829. ANDREW JACKSON, TRESIDENT. 135 constitutions. Under the circni istanccs then existing, I look upon t''i.i original md season- able provision, as a real good attained. We see its consequences at this moment, and wc shall never cease to sec them, perhaps, while the Ohio shall flow. 1 1 wa.s a great and salutary measure of prevention. Sir. I should fear the rebuke of no intelligent gentleman of Kentucky, were I to ask whether if such an ordinance could have been applied to bis own Siate, while it yet was a wilderness, and before Loon hod passeENT. 137 E)ssessor of four thousand — such were the num- !rs. Tho'rights of the owners over this niulti- tu Jc of human beings was that of life and death, without protection from law or mitigation from public sentiment. Tlv) scourge, the cross, the lish-pond, the den of the wild beast, and the arena of of the gladiator, was the lot of the slave, upon the slightest expression of the master's will. A law of incredible atrocity made all slaves re- sponsible with their own lives for the life of their master; it was the law that condemned the whole household of slaves to death, in case of the assassination of the master — a law imder which as many as four hundred have been executed at a time. And these slaves were the white people of Europe and of Asia Minor, the Greeks and other nations, from whom the present inhabitants of tho world derive the most valuable productions of the human mind. Christ saw all this — the number of the slaves — their hapless condition — and thrir white color, which was the same with his own ; yet he said nothing against slavery ; he preached no doctrines which led to insurrec- tion and massacre; none which, in their applica- tion to the state of things in our couTitry, would authorize an inferior race of blacks to extermi- nate that superior race of whites, in whose ranks he himself appeared upon eartli. Jtio preached no such doctrines, but those of a contrary tenor, which inculcated the duty of fidelity and obedi- ence on the part of the slave — ^Immanity and kindness on the part of the master. His apostles did the same. St Paul sent back a runaway slave, Oncsimus, to his owner, with a letter of aiK)Iogy and supplication. He was not the man to liarlwr a runaway, much less to entice him from liis master ; and, least of all, to excite an insurrection. " Tills allusion to the Missouri controversy, and invective against the free States for their part in it, brought a reply from Mr. Webster, showing what their conduct had been at the first introduc- tion of the slavery topic in the Congress of the United States, and that they totally refused to interfere between master and slave in any way whatever. This is what he said : " When the present constitution was submitted for the ratification of the people, there were those who imagined tliat i\\c powers of the government which it proposed to establish might, perhaps, in some jwssible mode, be exerted in measures tend- ing to the abolition of slavery. Tiiis suggestion would, of course, attract much attention in the southern conventions. In that of Virginia, Gover- nor Randolph spid: '"1 ho|)e there is none hi!re who, considering the suI)joct in the calm light of philosopliy, will make an objection dishonorable to Virginia — that, at the moment they a.-e securing the rights of their citizens, an object! in is started, that there is a spark of hope that those unfortunate men now held in bondage may, by the operation cf the general government, be made free. ' " At the verj' first Congress, petitions on the subject were presented, if I mistake not, from different States. The Pennsylvania society for promoting the abolitio.i of slavery, took a lead, and laid before Congress a mcmoriel, praj'ing Congress to promote the abolition by such powers as it possessed. This memorial was referred, in the Ilou.se of Representative's, to a .select commit- tee consisting of Mr. Foster of New Hampshire ; Mr. Gerry of Massachusetts , Mr. Huntington of Connecticut; Mr. Lawrence of New- York; Mr. Sinnickson of New Jersey; Mr. Hartley of Pennsylvania, and Mr. Parker of Virginia; all of them, sir, as j'ou will observe, northern men, but the last. This committee made a report, which was committed to a committee of the whole house, and there considered and discussed on several days ; and being amended, although in no material respect, it was made to express three distinct propositions on the subject of slavery and the slave-trade. First, in the words of the constitution, that Congress could not, prior to the year 1808, prohibit the migration or importation of such persons as any of the States, then exist- ing, should think proper to admit. Second, that Congress had authority to restrain the citizens of the United States from carrying on the Afri- can slave-trade, for the purwse of supplying foreign countries. On this proposition, our laws against those who engage in that traffic, are founded. The third proposition, and that which bears on the present question, was expressed in the following terms : '• ' Resolved, Tha'. Congress have no authority to interfere in the emancipation of slaves, or in the treatment of them in any of the States ; it re- maining with the several States alone to provide rules and regulations therein, which humanity and true policy may require. ' '' This resolution received the sanction of the House ofRepresentatives so early as March, 1790. And now, sir, the honorable member will allow me to remind him, that not only were the select committee who reported the resolution, with a single exce[)tion, all northern men. but also that of the members tKen composing the House of Representatives, a large majority, I believe near- ly two thirds, were northern men also. "The house agreed to insert these resolutions in its journal, and. from that day to this, it has never been maintained or contended that Con- gress had any authority to regulate, or interfere with, the condition of slaves in the several States. No northern gentleman, to my knowledge, has moved any such question in either house of Con- gress. " The fears of the South, whatever fears they might have entertained, were allayed and quieted by this early decision ; and so remained, till they were excited afresh, without cause, but for col- lateral and indirect purposes. When it became necessary, or was thought so, by some political persons, to find an unvarying ground for the ex- 138 THIRTY YEARS' VIEW. r^; ^w- y'\^ elusion of northern men from confidence and from lead in the affairs of the republic, then, and not till then, the cry was raised, and the feeling industriously excited, that the influence of north- ern men in the public councils would endanger the relation of master and slave. For myself I claim no other merit than that this gross and enormous injustice towards the whole North, has not wrought upon me to change my opinions, or my political conduct. I hope I am above violat- ing my principles, even under the smart of in- jury and false imputations. Unjust suspicions and undeserved leproach, whatever pjiin I may experience from them, will not induce me, I trust, nevertheless, to overstep the limits of constitution- al duty, or to encroach on the rights of others. The domestic slavery of the South I leave where I find it — in the hands of their own governments. It is their afiair, not mine. Nor do I complain of the peculiar cf Ibct which the magnitude of that population has had in the distribution of power under this federal govt^rnment. We know, sir, that the representation of the states in the other house is not equal. We know that great ad- vantage, in that respect, is enjoyed by the slave- holding States ; and we know, too. that the in- tended equivalent for that advantage, that is to say, the imposition of direct taxes in the same ratio, has become merely nominal ; the habit of the government being almost invariably to col- lect its revenues from other sources, and in other modes. Nevertheless, I do not complain: nor would I countenance any movement to alter this arrangement of representation. It is the original bargain, the compact — let it stand : let the ad- vantage of it be fully c^njoyed. The Union itself is too full of benefit to be hazarded in proposi- tions for changing its original basis. I go for the constitution as it is, and for the Union as it is. But I am resolved not to submit, in silence, to accusations, cither agrainst myself individually, or against the North, wholly unfounded and un- just ; accusations which impute to us a disposi- tion to evade the constitutional compact, and to extend the power of the government over the in- ternal laws and domestic condition of the States. All such accusations, wherever and whenever made, all insinuations of the cxistance of any Buch purposes, I know, and feel to be groundless and injurious. And we must confide in southern gentlemen themselves ; we must trust to those whose integrity of heart and magnanimity of feeling will lead them to a desire to maintain and disseminate truth, and who possess the means of its difiiision with the southern public ; we must leave it to them to disabuse that public of its prejudices. But, in the mean time, for my own part, I shall continue to act justly, whether those towards whom justice is exercised, receive it with candor or with contumely. " This is what Mr. Webster said on the subject of slavery ; and although it was in reply to an in- ▼eotive of my own, excited by the recent agitation of the Missouri question, I made no answer im- pugning its correctness; and must add that I never saw any thing in Mr. Webster inconsistent with what he then said; and believe that the same resolves could have been passed in the same way at any time during the thii-ty years that I was in Congress. But the topic which became the leading feature of the whole debate ; and gave it an interest which cannot die, was that of nullification — the assumed right of a state to annul an act of Gon« gresE — then first broached in our national legis- lature — and in the discussion of which Mr. Web- ster and Mr. Ilaync were the champion speakers on opposite sides — the latter understood to be speaking the sentiments of the Vice-President Mr. Calhoun. Tliis new turn in the debate was thus brought about : Mr. Hayne, in the sectional nature of the discussion wliich had grown up made allusions to the conduct of New England during the war of 1812; and especially to the assemblage known as the Hartford Convention and to which designs unfriendly to the Union had been attributed. This gave Mr. Webster the rights both of defence and of retaliation ; and ho found material for the first in the character of the assemblage, and for the second in the public meetings which had taken place in South Carolina on the subject of the tarifr— and at which resolves were passed, and propositious adopted significant of resistance to the act ; and, consequently, of disloyalty to the Union. lie, in his turn, made allusions to these resolves and propositions, until he drew out Mr. Ilayne into their defence, and into an avowal of what has since obtained the current name of " Nullijica- tioii ;" although at the time (during the debate) it did not at all strike me as going the Icnj^th which It afterwards avowed ; nor have I ever believed that Mr. Hayne contemplated disunion, in any contingency, as one of its results. In entering upon the argument, Mr. Webster first summed up the doctrine, as ho conceived it to be avowed, thus : " I understand the honorable gentleman from South Carolina to maintain, that it is a right of the State legislature to interfere, whenever, in their judgment, this government transcends its constitutional limits, and to ari-est the operation of its laws. " I understand him to maintain this right, us a right existing under the constitution ; not as a right to overthrow it, on the ground of extrems 9n ; not as a 1 of extreme : i ANNO 1829. ANDREW JACKSON, PRESIDENT. 139 ncccs.sity, such as would justify violent revolu- tion. " I understand him to maintain an authority, on the part of the States, thus to interfere, for the purpose of correcting tlie exercise of power by the general government, of checking it, and of compt>lling it to conform to their opinion of the extent of its powers. '' I understand him to maintain that the ulti- mate power of judging of the constitutional ex- tent of its own authority is not lodged exclusive- ly in the general government, or any branch of it; but that, on the contrary, the States may lawfully decide for themselves, and each State for itself, whether, in a given case, the act of the general government transcends its power. " I understand him to insist that, if the exi- gency of the case, in the opinion of any State government, require it, such State government may, by it': own sovereign authority, annul an act of the general government, which it deems plainly and palpably unconstitutional." Mr. Ilayne, evidently unprepared to admit, or fully denj', the propositions as broadly laid down, had recourse to a statement of his own ; and, adopted for that purpose, the third resolve of the Virginia resolutions of the year 1798 — re- afiSrmed in 1799. lie rose immediately and said that, for the purpose of being clearly understood, he would state that his proposition was in the words of the Virginia resolution ; and read it — "That this Assembly doth explicitly and peremptorily declare, that it views the powers of the federal government as resulting from the compact, to which the States are parties, as lim- ited by the plain sense and intention of the in- strument constituting that compact, as no farther Talid than they are authorized by the grants enumerated in that compact ; and that, in case of a deliberate, palpable, and dangerous exercise of other powers, not granted by the said com- pact, the States who are parties thereto have the right, and are in duty bound, to interpose, for arresting the progress of the evil, and for main- taining, within their respective limits, the author- ities, rights, and liberties, appertaining to them." Thus were the propositions stated, and argued —each speaker taking his own proposition for his text ; which in the end, (and as the Virginia resolutions turned out to be understood in the South Carolina sense) came to be identical. ]Mr. Webster, at one point, giving to his argument a practical form, and showing what the South Carolina doctrine would have accomplished in New England if it had been acted upon by the Hartford Convention, said : "Let me here say, sir, that, if the gentleman's doctrine bad been received aud acted upon in New England, in the times of the embargo and non-interco\irse, we should probably not now have been here. The government would, very likely, have gone to pieces, and crumbled into dust. No stronger case can ever arise than ex- isted under those laws ; no States can ever en- tertain a clearer conviction than the New Eng- land States then entertained ; and if they had been under the influence of that heresy of opin- ion, as I must call it which the honorable mem- ber espouses, this Union would, in all probabil- ity, have been scattered to the four winds. I ask the gentleman, therefore, to apply his prin- ciples to that case ; I ask him to come forth and declare, whether, in his opinion, the New Eng- land States would have been justified in inter- fering to break up the embargo system, under the conscientious opinions which they held upon it ? rtad they a right to annul that law ? Does he admit or deny ? If that which is thought palpably unconstitutional in South Carolina, justifies that State in arresting the progress of the law, tell me, whether that which was thought palpably unconstitutional also in Massachusetts would have justified her in doing the same thing ? Sir, I deny the whole doctrine. It has not a foot of ground in the constitution to stand on. No public man of reputation ever advanced it in Massachusetts, in the warmest times, or could maintain himself upon it there at any time." He argued that the doctrine had no founda- tion either in the constitution, or in the Vii-ginia resolutions — that the constitution makes the federal government act upon citizens within the States, and not upon the States themselves, as in the old confederation : that within their consti- tutional limits the laws of Congress were su- preme — and that it was treasonable to resist them with force : and that the question of thcii constitutionality was to be decided by the Su preme Court On this point, he said : "The people, then, sir, erected this govern- ment. They gave it a constitution ; and in that constitution they have enumerated the powers which they bestow on it. They have made it a limited government. They have defined its authority. They have restrained it to the exer- cise of such powers as are granted ; and all others, they declare, are reserved to the States or to the people. But, sir, they have not stop* ped here. If they had, they would have accom- plished but half their work. No definition can be so clear as to avoid possibility of doubt ; no limitation so precise as to exclude all uncertainty. Who then shall construe this grant of the peo- ple 1 Who shall interpret their will, where it may be supposed they have left it doubtful ? W^ith whom do they repose this ultimate right of deciding on the powers of the government ? Sir, they have settled all this in the fullest man- ner. They have left it with the government it- ll,.,l I li ::,. 140 THIRTY YEARS' VIEW. V , m ^■' I .; I m. solf. in its appropriate branches. Sir, the very cliiff enrl. the main design, for which the whole cdtistitution was fraincent3 and servants, ajjpointed by you for another purpose, have transcended the authority you gave them?' The re|)Iy would be, I think, not impertinent: who made you judge over anotlier's servants? To their own masters they stand or fall." With respect to the Virginia resolutions on which Mr. Ilayne relied, Mr. Webster disputed the interpretation put upon them — claimed for them an innocent and justifiable meaning — and exempted Mr. Madison from the suspicion of having penned a resolution asserting the right of a State legislature to annul an net of Con- gress, and thereby putting it in the power of one State to destroy a form of government which ho had jusi labored so hard to establish. To thii effect he said : "I wish now, sir, to make a remark upon the Virginia resolutions of 1798. I c.innot under- take to say how these resolutions were undor- .stood by those who passed them. Tlieir lan- guage is not a little indefinite. In the cjisc of the exercise, by Congress, of a dangerous jiow i-j-. not granted to them. Ihe resolutions assert the rijrlit. on the part of the State, to interfere, and arrist the progress of the evil. This is susceptible of more than one interpretation. It may mean no more than that the States ma_v interfere by com- plaint and remonstrance; or by projiosing to tiiu people an alteration of the federal constitution. This would all be quite unobjectionable ; or. it may be, that no more is meant than to assert the general right of revolution, as against all gov- ernments, in cases of intolerable oppression. This no one doubts ; and this, in my opinion, is all that he who framed the resolutions could have meant by it : for I shall not readily believe that he (Mr. Madison) was ever of opinion that a StatCj under the constitution, and in conformity with it, could, upon the ground of her own opinion of its imoonstitutionality, however clear and pal- pable she might think the case, annul a law of Congress, so far as it should operate on herself, hy her own legislative power." Mr. Ilayne, on liis part, disclaimed all imita- tion of the Hartford Convention ; and gave (as the practical i)art of his doctrine) the pledge of forcible resistance to any attempt to enforce un- constitutional laws. He said : " Sir, unkind as my allusion to the Hartford Convention has been considered by its supporters, I apprehend that this disclaimer of the gentle- man will be regarded as ' the unkindest cut of all.' When the gentleman .spoke of the Caro- lina conventions of Colleton and Abbeville, let mc tell him that he spoke of that which never ANNO 1829. ANDREW JACKSON, PRESIDENT. 141 [ had existence, except in his own imagination. ' There have, iniks il, been meetings of the jwoplo ^in those districts, composed, sir, of as high- minded and patriotic men as any country can boast ; but wu have had no ' convention ' as yet j and when South CaroHna shall resort to such a measure for the redress of her grievances. let me tell the gentleman that, of all the assemblies tliat have ever been convened in this country, the Hartford Convention is the very last wo shall consent to take as an example ; nor will it find more favor in our eyes, from being recom- niended to us by the senator from Massachu- i setts. Sir, we would scorn to take advantage of difficulties created by a foreign war, to wring from the federal government a redress even of our grievances. "We arc standing up for our constitutional rights, in a time of profound peace; but if the country should, unhajjpily, be involved in a war to-monow, we shouhl be found flying to the standard of our country — first driving back the common enem}', and then insisting upon the restoration of our rights. '• The gentleman has called upon us to cany out our scheme practically. Now, sir, if I am correct in my view of this matter, then it fol- 1 low.*!, of Cwiirse, that the right of a State being established, the fctleral government is bound to aoqiiiesce in a solemn decision of a State, acting in its sovereign capacity, at least so far as to make an appeal to the people for an amendment til tlie constitution. This solemn decision of a j^tate (made either through its legislature, or a convention, as may be supposed to be the proper organ of its sovereign will — a point I do not pro- pose now to di.scu.ss) binds the federal govern- ment, under the highest constitutional obligation, not to resort to any means of coercion against the citizens of the dissenting State. IIow, then, can any collision ensue between the federal and State governments, unless, indeed, the former should determine to enforce the law by uncon- stitutional means? What could the federal government do, in such a Cii.se ? Resort, says the gentleman, to the courts of justice. Now, can any man believe that, in the face of a solemn decision of a State, that an act of Congress is a gross, palpable, and deliberate violation of the constitution,' and the interposition of its sove- i^ign authority to protect its citizens from the usurpation, that juries could be found ready merely to register the decrees of the Congress, ffholly r"gardless of the unconstitutional char- acter of their acts ? Will the gentleman con- tend that juries are to be '.-oerced to find verdicts at the point of the bayonet ? And if not, how are the United States to enforce an act solemnly pronounced to be unconstitutional 1 But, if the attempt should be in.ide to carry such a law into eilcct, by force, in what would the case dif- fer from an attempt to carry into ellect an act nulliticd by the courts, or to do any other un- lawful and unwarrantable act ? Suppose Con- gre.ss should pa.ss xn agrarian law, or a law emaucipating our slaves, or should commit any other gross violation of our constitutional rights, will any gentleman contend that the decision of every branch of the federal government, in favor of such laws, could prevent the States from de> daring them null and void, and protecting their citizens from their operation ? *' Sir, if Congress should ever attempt to en- force any sucli laws, they would put themselves so clearly in the wrong, that no one could doubt the right of the State to exert its protecting power. " Sir, the gentleman ^.as alluded to that por- tion of the militia of f outh Carolina with which I have the honor to be connected, and asked how they would act in the event of the nullifi- cation of the tariff kw by the State of South Carolina ? The tone of the gentleman, on this subject, did not seem to me as respectful as I could have desired. I hope, sir, no imputation was intended. [Mr. Webster : " Not at all ; just the re- verse."] "Well, sir, the gentleman asks what their leaders woula be able to read to them out of Coke upon Littleton, or any othc law book, to justify their enterprise ? Sir, let me assure the gentleman that, whenever any attempt shall be made from any quarter, to enforce unconstitu- tional laws, clearly violating our es.sential rights, our leaders (whoever they may be) will not be found reading black letter from the musty pages of old law books. They will look to the consti- tution, and when called upon, by the sovereign authority of the State, to preserve and protect the rights secured to them by the charter of their liberties, they will succeed in defending them, or ' perish in the last ditch.' " I do not pretend to give the arguments of the gentlemen, or even their substance, but merely to state their propositions and their conclusions. For niyself, I did not believe in any thing serious in the new interpretation given to the Virginia resolutions — did not believe in any thing practi- cal from nullification — did not believe in forcible resistance to the tariff laws from South Carolina — did not believe in any scheme of disunion — believed, and still believe, in the patriotism of Mr. Hayne : and as he came into the argument on my side in the article of the public lands, so my wishes were with him, and I helj^d liim where I could. Of this desire to hejp, and disbe- lief in disunion, I gave proof, in ridiculing, as well as I could, Mr. Webster's fine peroration to liberty and union, and really thought it out of place — a fine piece of rhetoric misplaced, for want of circumstances to justify it. He had concluded thus : " When my eyes shall be turned to behold, for the last time, the sun in heaven, may I not see A-M ! i|! ii'l!? :ill! 142 THIRTY YEARS' VIEW. !:1 m :■) > 'ii him shining on tlio broki-n and dishonored frng- monts of a onro glorious t'nion ; on States dis- Bevcrod. disconlant, helliperent ; on a hind rent with civil feuds, or f place in that perora- tion ; but for a quite different purjiose — for the purpose of showing that I was slow to believe in any design to subvert this Union that at the time of this great debate (February and March, 1830) I positively discredited it, and publicly proclaimed my incredulity. 1 did not want to believe it. I repul.sed the belief. I pushed aside every circumstance that Mr. Web- .■itcr relied on, and softened every expi-ession that Mr. Ilayne used, and considered him as limiting (practically) lus threatened resistance to the tariff act, to the kind of resistance which Virginia nuide to the alien and sedition laws— which was an appeal to the reason, judgment and feelings of the other States — and which had its eilect in the speedy repeal of thost; laws. Mr. Calhoun had not then uncovered l-is position in relation to nullification. 1 knew tliat Mr. Webster y'\s speaking nt him iual' that he said to Mr. Hayiic: but I would believe nothing against him except upon his own .showing, or undoubted evidence. Although not a favorite statesmar with me, I felt admiration for his high intellectual endowments, and re-;iH'ct for the integrity and purity of his private life. Mr. Ilayne I cordially loved ; am' belie^ed, and still believe, ii> (he loyalty of his intentions to the Union, iliey werc both from liie ^oulh — that sister Carolina, of which the other was my native State, iind in both of which I have relatives and hereditary friends— 01 KG A TA.K on Sa all ficoplc an king an arti( to man and t tliein by the not be burthc oniment reg' taxation woul it is an agent; mcut of man chauical indu the country t ports and cor People hate t to have the s crnmcnts lov cause people seem to appl narchial, a d live ouu po ments somcti pi'.— when SI for rcenuc tive g- , ernn oi'iects whici ha.s twice bo in the Unite* was canied i with France and then on cea.sc as soor :!;..; 5- •. t *>i^' ANNO 1830. ANDllKW JACKSON, rUKSinCNT. 143 Jid Convfiilion ge in till- cn|»i. forcibly, if „.« >or.s, wfts, " tha iTO States by ho boiindnrv: «-'s! ThoMis- »c Rovi'nicd l)v r wild boasts!" • this siKJoch; 1, either in tlm -ivcs, or in tlie >r in tiic luVh- iowcrs of tlic Hist it not liuvi' rnatiti,! anion;; ro, in this loyal ;()i. ')f ;j:ont'ial ICO, the wlidl,. want of allin- ly Kubjcci (lc- I tlio .Senate ; Vrencc, to any lor any thitij; I tliat iicroiii- I'lirpose— for was slow to this Union- ate (February liscreditcd it, dulity. I did tlie beh'ef. I at Mr. Web- fprnssion tlmt lu as limiting X' to the tariff lich Virginia winch was and feelings its effect in ''''''. Calhoun in relation to rVebstiT «-as ^Fr. Ifaync: him except ted evidence, ith me, I felt endowments, lurity of his 'oved; am' loyalty of were both iia, of which in both of y friecds" and for which I still have the affections whicli none but tlio wicked ever lose for the lanil of their birth: and I felt as they did ir. all that relates to the tariff — except their rcmetly. Ihit enough for the present. The occasion will come, wlien wc arrive at the practical a])plication of the mo- dem nullification doctrine, to vindicate the con- stitution from the political solecism of containing within itself a suicidal principle, and to vindi- cate the Virginia resolutions, and their authors (and, in their own language), from the " anarchi- cal and prepoHtawia ^^ intei'])retation which has been put upon their words. , CHAPTER XLV. EEPEAL OF THE SALT TAX. A TAX on Salt is au odious measure, hated by all |ieoplc and in all time, and justly, because being an article of prime necessity, indispensable to man and to beast, and bountifully furnished them by the Oiver of all good, the cost should not be burtliened, nor the use lie stinted by gov- cnmient regulation ; and the principles of fair taxation would require it to be spared, because it is an agent, and a great one, in the develoj)- mcut of many branches of agricultural and me- chanical industry which add to the wealth of the country and produce revenue from the ex- ports and consumption to which they give rise. People hat'! the salt tax, because they are obliged to have the salt, and cannot evade the tax : gov- ernments love the tax for the same reiuson — be- cause people are obliged to pay it. This would seem to apply to government" despotic or mo- narchial, » d not to those which are representa- tive ?);iu popular. But representative govern- ments sometimes have calamities — war for cxani- pl' — when subjects of taxation diminish as need for rc'cnuc increases : and thci\ representa- tive s , ernments, like other;^, must resort to the oi'iects which will supply its necessities. This has twice been the case with the article of salt in the United States. The duty on that article was canied up to a high tax in the quasi war with France (1798), having been small before; and then only imposed as a war measure — to cease as soon as the w^ar was over. But all gov- ernments work alike on the imimsition and re- lease of taxes — easy to get them on in a time of necessity — hard to get them off when the neces- sity has passed. So of this first war tax on salt. The ' .;;'cck of war " with France, visible almvc the h )rizon in '98, soon sunk below it ; and the sunshine of peace prevailed. In the year 1800 — two years after the duty was raised to its maximum — the countries were on the most friendly terms ; but it was not until 1807, and under the whole power of Mr. Jefferson's ad- ministration, that this temporary tax was abol- ished ; and with it the whole system of fishing bounties and allowances founded upon it. In the war of 1812, at the commencement of the war with Great Britain, it was rencwe*!, with its concomitant of fishing bounties and allowances ; but still as a temporary measure, limited to the termination of tho war which in- duced it, and one year thereafter. The wor ter- minated in ISl.*), and the additional year expired in 181G ; but before the year was out, the tax was continued, not for a definite period, but without time — on the specious argument that, if a time was fixed, it would be ditTlcult to get it off before the time was out : but if unfixed, it would be easy to get it off at any time : and all agreed that that was to be soon — that a tempo- rary continuance of all the taxes was necessary until the reventio, deranged by the war, should become regular and adequate. It was continued on this specious argument — and remained in full until General Jackson's administration — and, in part, until this day (1850) — the fishing boun- ties and allowances in full : and that is the work- ing of all governments in the levy and repeal of taxes. I found the salt tax in full force when I came to the Senate in 1820, strengthened by time, sustained by a manufacturing interest, and by the fishing interest (which made the tax a source of profit in the supposed return of tho duty in the shape of bounties and allowances) : and by the whole American system ; which took tho tax into its keeping, as a protection to a branch of home industry. I found efforts being made in each House to suppress this burthen upon a prime necessary of life; and, in the ses- sion 1829-'30, delivered a speech in support of the laudable endeavor, of which these aro some parts : " Mr. Benton commenced his speech, by say- ing that he was no advocate for uuproiitable do- •k ift; f. «>^ r^^ pgpPJ^jytW'^ dMtmmdiMj± 144 TIIIHTY YI'AKS" VIl.W. V^i I ■) nr r. t Imto. nn\vn l>y llio laliors of plain nii-n, iMiiliT < iirninslanci's n\ni'li niore nnlavuralilo lo llicir nniloi taking timn exist lure. Tlie Mnglisli hull (ax had eoiilinned one Inimlred and lilly veai's. It was clierislied l»_v the niinisltT. to wlioin it yielded a million and a lialfsleilin); of revenne ; it was defended l>y the donieslie salt makers, to whom it p;a\e a monopolv of the home market ; it was consecrated In- time, hav- in;; stdisivled for li\e p-nerations; it was forti- fied l>v the h.'iliits of the |H'ople, who were Immmi, und had ui'own gray nnder it ; and it was sanc- tioiii'd l>\ the necessities of the Stale, whiih rc- t)Mired every resonree of ripuoiis taxation, ^'et it was o\erlhrown ; anti Ilic y Sheridan, Ihirke, Pitt, and I'ox -Imt hy plain, business men Mr. CakMafl, Mr. Cinwcn. and Mr. Kccrlon. 'I'liesc imtriotii- niemhers of the Itritish Parliament connuenced the war upon the Urilisli sail tax in ISI7, and limshed it in I^J'J. They connnenccd with the omens and auspices nil n>:ainst them, and ended with comidele snc- I'C'-^s. 'They aholished the salt \:\\ in li'tt'. They swept il all oil', hravely rejeclinir all compro- mises when ihev h;id pit their ad\ersaries half xamiuished, ami carrying iheir appeals h(>me to the people, tmlil ihey hail lonseil a spirit lielorc wliich the ministry (jnailed, the monopolizei-s trend)l»'d. tlu' Parliament pive way, and the tax fell. This example i.s iMuv)nra,i;in}: ; it i^* fnll of •oiisolation and of hoju' ; it shows what zeal and |iei-severance can do in a good cause: il shows tiiat the cause of Irnth andjusliiv is triumphant when its advivates arc hold ami faithful. It lead.s lo the iMnviction that tho An\erican salt t;i.\ will fall as the llritish tax did. a.s soon as the jvople shall see that its oontinunnce is a burthen lo them, without adecjuate advantage to the (rovermnent, and that its rejH'al is in their own hands. " Tho enormous amount of tho tax was the first point to which Mr. 11. would direct his at- tention, lie said it was near three Inmdred per CiMit. ujion l.iverpotd blown, and four Immlred per cent. npt>n alum salt ; but a.s the l,iver|)ool \*-iu» a very inferior salt, and not n\ncli used in tho West, he would conlino his ob.servations to tho .siill of Portupil and tho West Indies, called by tho p^neral nanioof alum. Tho import price of this .salt w.as from eight to nine cents a bush- el of tifty-si.x |wunds each, ami the tlnty njion that bn.shol w.is twenty cents. Hero was a lax of npwai\ls of two hinidreil per cent. Then the morchant had his pmtit nj>on tho duty as well as tho cost of the arliclo : and when it went through the hands of several merchants before it got .0 tho oonsmner, onrh had \m profit ii|)iug the product of the (ax, suhsti- ' luted weight for measure ; and our (arilf laws copied after them, and adopted their stamlard of lifly-six |iounds to tho bu.shel, " .Mr. H. entered into statist ical details, lo.show the aggregate amount of this (ax, which lie stal- ed lo be enormous, and contrary lo every prinei- pU' of taxation. om'U if luxes wi-n* so neces.sary as to justify the Itixiug of salt, lie staled the importation of foreign salt, in IS'J'.l, at six mil- lions of bushels, round mnnbers, the value seven himdrcd and tilU'cn thousand dollars, and tho tax at twenty cents u bushel, one million two bundled thousand dollars, tho merchant's protlt upon that duly at tifly per cent, is six hundred thousand dollars; and the so«-rot or hidden tax in the shape of false \v»'ight for (rno tnonsnre, at the rale of llnrly pounds in the bn.shol, was four bundled and tlfty thou.sand dollars. Hero, then, is taxation to the amount of about two millions and a ciuarter of dollars, niKni an artirlo costing seven hundred and tifly llioiisand dollars, and that arliclo ono of piiino neoo.ssity and universal use, ranking next after broad, in tho catalo;;ue of articles tor human subsistence. "The distribution of this iMiormons tax r.pon the ilitlorcnt seclions ol the I'nion. was the next object of Mr. H.'s iiujuny ; and, for this purpose, he viewed tho I'nion \nidor three great di\isions — the Xorlhoast, the South, and tho West. To the northeast, and especially to some parts of it, he considered the salt tax to be no burthen, but rather a benotit and a money-making l)ii^in s-;. The tishing allowances and bonntios |)ioilii(id this ell'ecl. In consideration of the salt duly, the ciners and exporters of fish are allowed nmni'v onl of the treasury, to tho amount, as it wa-» intended, of tho .salt usniy. at 'iie commencement of tho present session, page eight of the annual rojiort on the linanws. The North- east makes nmch salt at hoiije, and chietly by solar ovapiinUicni. wliich tits it for curing fish and provisions. Much of it is proved, by the returns of tho .salt makers, to be used in the fish- eries, while tho fisheries are drawing money from the tivasurv under tho laws which intomled to indemnify them for the duty paid on foreign salt. Vi' ANNO IHm ANmiEW .TAfKHON, rnESlUKNT. 145 Tt> tliiH BPrtion of tlio Union, tlu-n, the wilt tux id not Ti'lt BM M )>iirth«'n. '* li«t UN imxrtHid to tlio Sotitli. Tn (lilMm>rtinn tlwru arc Init ft>w Halt workn, nml no iMxiiitifHor tllowKiiocH, as (Ikto am no iVsliorioH. Tlii> <'oii- mimcrN nw thrown niniost cnlin'iy niK>ii (ho fimMgu Hn|)|»ly, »n of tliin isiihoiit liriirn rcntH a himhol ; the woinht ami Htreiin'h is Icsh than that of alum Halt; nixl the tax fiillH heavily and «lirilisheven and a half cents |H'r hushel there, iM-inR four tinu'S the iin|wrt price of the article, and seventy-live cents [;i liis whole outlay. In all, alwut seventy-live cents for a bushel of fifty pounds, which, if there was no duty, ami tlio tariff refrulations of weij!;ht for moiisure abolished, woiiht Im l)oii(rht in New Or- loiins, by the measured busliel of eij^hty |)0unds «oi|;lit, for ei^ht or nine cents, ami would bo liroiipht up tho river, by steamboats, at the rate of thirty-three and a third (viits per buudreil wiirht. It thus appears (hat tho salt tax falls iiciviest njxm tho West. It is an error to suji- posu that the South is tho proatcst siitVerer. The Wi'st wants it for every puriwsc the South does, !\iul two p"eat pur|>o.st's iK'sides — curiii(ir provision for exjKirt, and saltinj; stin-k. The Wost uses alum salt, and on this tho duty is heaviest, be- onuse tho price is lower, and the weight frreater. Twenty cents on salt which costs eiijht or nine cents a bushel is a much heavier duty than on that whieh costs fifteen cents; and then the de- ception in tho .substitution of weijjht for measure i< much greater in alum .salt, which weighs so nmeli more tluui the Liverpool blown. Like the South, tlie West receives no bounties or allow- niires on account of tho salt duties. This may l)c fair in tho South whore the imported salt is not rc-ox|K)rted ujxHi fish or pi-ovisions ; but it is unfair in the West, where the exportation of Vol. I.— 10 beef, pork, bacon, cheese, and butter, is prtMli^i- ous. Mild the fon'lKn salt ro-ex|H)rl(Ml u|M)n the whole of it. " Mr. n. then argued, with ^reat warmth, that the provision curers and ex|M)rterH were entitled to the same bounlies and allowances with the ex- [lorfers of fish. The claims of each rested uism the siiiuo principle, and ii|N)n the principle or all drawlmcks — that of a reimbursement of tho duty which was paid on the im|M>rtc4l Halt when ro-ox- portetl on fish and provisions. The .same princi* pie covers tho beef ami pork of the farmer, which covers the flHh of the fisherman ; and nuch wan tho law in the be);inniii);. The llrat act of Cun- i;ress, in the year 17K'.), which ini|M)Hed a duty upon salt, allowed a ls)unty, in lieu of a draw- back, on beef and pork ex|s)rterovisions draw nothing. Tho aggregate of tho fishing l)ountieH and alluwancoH, actually drawn from the treasury, exceeds five niillions of dollars; while the exjiorters of pro- visions, who get nothing, would have been en- titled to draw a greater sum ; for the ex|)ort in salted provisions cxcewls tho value of ex|X)rtcd fish. " Mr. B, could not quit this part *>( 'lis sub- ject, without endeavoring to fix the attention of the Senate uj)on tho jirovision trade of the West. He took this trade in its largest sense, as includ- ing the ex|(0i t trade of beef. jMuk, biicon, cheese, and butter, to foreign countries, csjieciallv the West Indies; the (lomestic trade to the Lower Mississippi and tho Southern States ; tlic neigh- Imrhood trade, as supplying the towns in the up- per States, the miners in Alissouri and the Upper Mississippi, the army and the navy; and tho various jirofe.ssions. which, being otherwi.se dii- ployod, did not raise their own jirovisions. Tho !im(nint of this trade, in this c ample of Unjilaml. who f.ivoreil luT proviNion cr.rers, ami jKTini teil them to imj)ort alum salt free of iliity, for the eneoii- rajicment of tin- provision trade, even when her own salt niaiiiifaetnrers were prodiieinp; an abun- dant and supertluous supply of ronnnon wilt. lie showed that she did more ; that she extend- ed the same relief and eneouratrement to the Irish ; and he read from the llritisli statute hook nn net of the Hritish Parliament, passed in LSO", entitleil 'An act to eueournfie the ex|)ort of salted heefanil pork from Ireland,' which allovv- ei! a Itounty of ten pence slerlin}!; on every hnnd- reil wci|.;lit of lieef and pirk ,so exp(>rlanl liiisini\ss of tito |)ioviNion trado. 'I'lio aiiiDiiiit of HO mu(;li of that trado us wunt to for- I'ipi coiiiitrii'M, Mr. H. Kliowed to ho sixty-six llioiisaiid hiuTL'Is of hoof, lifty-foiir thousand harrols of |i<)rk, two niillioris of pouixis of bacon, two millions of pounds of hutlor, and ono million of pounds of cluTsc ; and Mi> cou>id(.'i'ed (hu sup- ply for till) army and navy, and for consunjjition in tho Soirth, to I'xctrd the quantity exportt'd. 'It cannot he nccfssury liero to dilato upon tlio uses of salt. Hut, in nqHalin^ that duty in Ku;:!and, it was thoujjht worthy of notiou that salt was nicossary to the hoalth, >;rowth, and faltcniuf^ of ho;;s, niltio, slioep, and horses; that it was u prcsiTvalivi' of hay and clover, and re- stored nioule use of the earth Tor labor and culti- vation, he considered the abolition of the salt tax, and a free trade in foreign salt, as the greatest blessing '.vliioh the federal government could now bestow upon the people of the West." CHAPTER XLVI. BIRTHDAY OF MR. JEFFERSON, AND THE DOC- TRINE OF NULLIFICATION. Tjie anniversary of the birthday of Mr. Jeffer- son (April i;Uh) wis celebrated thi.« year by a numerous company at Washington City. Among the invited guests present were the President and Vice-President of the Unitci! States, three of the Secretaries of departments — Messrs. Van Buren, Eaton and Branch -and the Postmaster-General, XIr. Barry — and nun' iir-usly attended by mem- bers of lK)th Ileuses of Congress, and by citizens. It was a iubscription dinner; and as the paper iniiM)rtiM.l, to do honor to the memory of Mr Jef- ferson as the founder of the political school to which the subscribers belonged. In that sense I wa.s a subscriber tu the dinner, and attended it ; and have no doubt that the nidi's of the sub- scribers acted under the same feeling. There was a full assemblage when I arrived, and I ob- served gentlemen standing about in clusters in tlie ante-rooms, and talking with animation on something apparently serious, and which seemed to engross their thoughts. I Gooa discovered what it was — thnt it canic from the promulgation of the twenty -four regular tonsts, which savor- ed of the new doctrine of nullification ; and which, acting on some pre ions mi.sgivings, began to spread the feeling, that tlio dinner v/ns got up to inaugur^^tc that doctrine, and to make Mr. Jefferson its father. Many persons broke ofl" and refused to attend further ; but the company was still numerous, and ardent, as was proved by the number of volunteer votes given — above eighty — in addition to the twenty-four regulars ; and the numerous and animated speeches deliver- ed — the reiwrt of the whole proceedings filling eleven newspaper col' -.»ns. When the regular toasts were over, the President was called upon for a volunteer, and gave it — the one v hich elec- trified the country, and has become historical : *'Our Federal Union: It must bo preserved." This brief and simple sentiment, receiving em- phasis and interpretation from all the attendant circumstances, and from the feeling which had been spreading since the time of Mr. Webster's speech, was received by the public as a procla- mation fiom the President, to annoimco a plot against the Union, and to summon the people to its defence. Mr. Calhoun gave the next toast ; and it did not at all allay the suspicions which were crowding every bosom. It was this : " The Union : next to our Liberty the most dear : niny we all remember that •!* can only be preserved by respecting the rights of the States, and distribut- ing equally the benefit and burthen of the Union." This toast touched all the tender parts of the new question — liberty before union — o/j/y to be preserved — Slate rights — inequality of burthens and benefits. These phm.ses, connecting tlu'in- .selves with Mr. Ifnyne's speech, and with pro- ceedings and publications in South Carolina, im- veiled ni'lmfication, as a new and distinct doc- trine in the Unitet' States, with Mr. Calhoun for its a|K>stle, and a new party in ths field of which he was the leader. The proceedings of the day put an ciiii to all doubt about the Justice of Mr. Webster s grand pcrorat'on, and rv-'vealed to tlio public mind the fact of an actual design tending to dissolve the Union. Mr Jefferson was dead at t'.iat time, and could not defend himself from the n.so which the now party made of his name — endeavoring to nifikc him its founder ; — and putting words in his mouth lor that purpose which he never s{H)ke. l!o happened to have written in his lifetime and without the least suspicion of its future groat materiality, the facts in relation to his concern in the famous losolutions of Virginia and Kontucky. am', which absolve him from the accu.sation bi-ought against him since his death. He counsel- led the resolutions of the Virginia General Assem- bly ; and the word nullify, or nullification, is not in them, or any equiva'i«..» *oril : be drew the Kentucky resolutions of 1798 : and they are equal- ly destitute of the saaio phrases. He hiui no- thing to do with the Kentucky resolutions of 1799, in which the won! "miliification." and ns the '• rightful remedy,'' is foiu"' ; ^nd tip'^n winch the South Carolina school rc'ied as their niaiti ar- gument — and from wbich their doctrine took Ita ANNO 1830. ANDREW JACKSON, PRESIDENT. 149 name. Well, ho had nothing to do with it ! and so wrote (as a mere matter of information, and without foreseeing its future use), in a letter to William C. Ci>.l;c!l .shortly before his death. This lulter in in Volume III., page 429, of his publish- ed currcHi)ondence. Thus, he left enough to vindi- i-utu liiuiself, without knowing that a vindication would he necessary, and without recurring to the argumentative demonstration of the itcuccful and constitutional remedies which the resolutions which he did wri*.c. alone contemplated. But he left a friend to stand up for him when he was laid low in his »rrave — one qualified by his long and intimate assori^tion to lie his compur- gator, and entitled from his character to the alt- solute credence of all mankind. I siteak of Mr. Madison, who, in various letters pviblished in a quarto volume by ilr. J, C. Maguire, of Wash- ington City, has given the rroofs which I have already used, and added others equally conclu- sive, lie fully overthrows and justly resents the attempt '■'of llie nullifierg to make. the name of Mr. JeJfi'iHon the pedestal of their colossal here- si/." ( Page 2.S(i • letter to Jlr. N. P. Trist. ) And lie left l)eliind him a State also to come to the resell'.' of his a.ssailed integrity — his own na- tivi; State of Virginia — whose legislature almost unanimously, immediately after the attempt (o make Mr. Jefferson "ration: for they idl agreed in that view of the subject, though differ- ing about the adoption of a system which would then have borne most heavily ujion CJreat Brit- ain. The plan was defeated at that time, and only by a very small majority (52 to 47), — the defeat efrecter- fluities for his accommodation ; the former can do without those luxuries, the consumption of which gives bread to the latter. " lie did not propose, or wish that the United States should, at present, go .so far in the line which hi.' .osolutions point to, as they might go. The extent to which the principles involved in those resolutions should be carried, will depend upon *^'ling up the blanks. To go the very ex- tent of the principle immediately, might be in- convenient, lie wished, only, that the Legisla- ture should mark out tlie ground on which we think we can stand ; perhaps it may produce the effect wished for, without unnecessary irrita- tion; we need not at first, go every length. " Another consideration would induce him, he said, to be moderate in tilling up the blanks — not to wound public credit. lie did not wish to risk any sensible diminution of the public revenue. He believed that if the blanks were filled with Judgment, the diminution of the revenue, from a . It is the merchant's compensation for advancing the duty, and is the .same as his profit upon the goods. The improved condition of the fotir great branches of national industry is presented as the third object of the bill ; and their relative im- portance, in my estimation, clas.ses itself accord- ing to the order of my arrangement. Agricul- ture, as furnishing the means of sub.sistence to man, and as the foundation of every thing else, is jmt foremost; manufactures, as preparing and fitting things for our use, stands second-, commerce, as exchanging the superfluities of dill'erent countries, comes next ; and navigation, as furnishing tlie chief means of canning on commerce, closes the li.st of the four ^reat branches of national industry. Though classed according to their resi^ctive importance, neither blanch is disparaged. They are all great inter- ests — all connected — all dependent upon each other — friends in their nature — for a long timo friends in fact, imder the ojK'rations of our go- vernment : and only made enemies to each other, as they now are by a course of legislation, which the approaching extinguishment of the public debt presents a fit opportunity for reforming and ameliorating. The title of mj' bill dcclari.\s the intention of the bdl to improve the condition of each of them. The abolition of sixteen mil- lions of taxes would itself operate a great im- provement in the condition of each ; but the in- tention of the bill is not limited to that inciden- tal and consequential improvement, great as it may be ; it proposes a positive, direct, visible, tangible, and countable benefit to each; and this I shall prove and demonstrate, not in this brief illustration of the title of my bill, but at the proper places, in the course of the examina- tion into its provisions and exposition of its principles. "I will now proccc 'ontuins the principle of abolisli- i»g duties by the joint act of the legislative and executive departments. Tiie idea of equiva- lents, which the .se<.'tion also prc.sents. is not new, but has for its sanction high and venerated authority, of wiiicii I sliall not fail to avail my- self. That we ouj'ht to have equivalents for abolishing ten or twelve millions of duties on foreign merchandise is most clear. Such an aliolition will be an advantage to foreign powei-s, for which they ought to compensate na, by ro- ducing duties to an equal amount upon our iiro- duclions. This is what no law, or separate act of our own, can command. Amicable arrange- ments alone, with foreign owers, can ellcct it; iiud to free such arrangements from serious, per- haps insuperable diHictdties, it wotdd be neces- sary first to lay a foundation for them in an act of Congress. This is what my bill proposes lo do. It proposes that Congress shall select the articles tor ulwlition of duty, and then leave it to llie Executive to extend the provisions of the act to such powers as will grant us e(|uivalent ad- vantages. The anieles enimierated for abolition of duty arc of kinds not made in the United States, so that my bill presents no ground of alarm or uneasiness to any branch of domestic industry. "Tbe ncquLsition of cqiiivalents is a striking feature in the plan which I pro|)Ose. and for that I have the autliority of him whose o])ii)ions will never be invoked in vain, while i-epubiican prin- ciples have root in our soil. I speak of Mr. Jef- ferson, and of his report on tlie commerce and nrvigation of the Uniteeral na- tions with whom these restrictions exist : or. 2. By the separate act of our own legislatures, for countervailing their eflects. " There can be no doubt, but that, of these two, friendly arrangements is the most eligible. Insterd of embarrassing commerce under jjiles of regulating laws, duties, and prohibitions, could it be relieved from all its shackles, in all parts of the world — could every country bo employed in producing that which nature has best fitted it to produce, and each be free to exchange with others mutual .surplusse.s, for mutual wants the greatest mass possible would then be i)ro- duced, of those things which contribute to hu- man life and human happiness, the numbers of mankind would be increased, and their condition betteivd. " Would even a single nation begin with the United States this system of free commerce, it would be advisable to begin it with that nation ; since it is one by one only that it can be extend- efl to all. ^Vhere the circumstances of either part}' lender it exjiedicnt to levy a revenue, by way of impost on commerce, its freedom might lie modified in that particular, by mutual and equivalent measures, preserving it entire in all others. "Some nations, not yet ripe for free com- merce, in all its extent, might be willing to mol- lify its restrictions and regulations, for us, in proportion to the advantages which an inter- course with us might oiler. Particularly they may concur with us in reciprocating the duties to be levied on each side, or in comiHjrisating any excess of duty, by equivalent advantages of another nature. Our commerce is certainly of a character to entitle it to favor in most coun- tries. The commodities we oft'er are either ne- cessaries of life, or materials for manufacture, or convenient subjects of revenue ; and we take in oxchanse either manufactures, when they have received the last finish cf art and indtistry, or nitre luxuries. Such customers may reasonably expect welcome and friendly treatment at evety U'ur) "t — customers, Ux>, whose deniand.-', increas- ing witli their wealth and popidation, must very shortly give full em]iloyment to the wholi; indus- try oi any i\ation whatever, in am- line of supply tluy iiviy get into the habit of calling for from it. " I'lSit, should any nation, contrary to our wishes, supjiose it may better find its advantage by continuing its system of prohibitions, duties, anil regulations, it behooves us to piotect o\ir eitiziiis, their commerce and navigafion, Ir/ eotmter prohi))itions, duties, and regulations, also. Free commerce and navigation are not to be given in exchange for restrictions and vexa- tious ; noi' are they likely to produce a relaxa- tion of them." " The plan which I now propose adopts the idea of etpiivalents and retaliation to the wliole extent recommended by Mr. Jefferson. It dif- fers from his plan in two features : first, in the mode of proceeding, by founding the treaties abroad upon a IcgLslativc act at home; secondly, in cond)ining protection with revenue, in select- ing articles of exception to the sj'stcm of free trade. This degree of protection he admitted himself, at a later period of his life. It corres- ponds with the recommendation of President Washington to Congress, in the year '00. and with that of our present Chief Magistrate, to ANNO 1830. ANDREW JACKSON, PRESIDENT. 153 'i!' i ' ourselves, at the commencement of the present session of Congress. " 1 will not now stop to dilate upon the bene- fit which will result to every family from an abolition of duties which will enable thtm to get all the articles enumerated in my bill for about one third, or one half less, than is now paid fbr them. Let any one read over the list of articles, and then look to the stmi total which ho now piiys out annually for them, and from that sum deduct near fifty \Kr cent., which is about the average of the fluties and merchant's profit in- cludeil, witli which they now come charged to him. This dtnluction will be his saving under one branch of my plan — the abolition clause. To this must be added the gain under the clause to secure equivalents in foreign markets, and the two being aflded together, the saving in pur- chases at home being added to the gain in sales abroad, will give the true measure of the advan- tages which my plan presents. " Let us now see whether the agriculture and manufactures of the United States do not require better markets abroad than they possess at this time. What is the state of these mui kets ? Let facts reply. England imposes a duty of three shillings sterling a pound upon our tobacco, which is ten times its value. She imposes duties equivalent to prohibition on our grain and pro- visions ; and either totally excludes, or enormous- ly taxes, every article, except cotton, that we send to her ports. In France, our tobacco is subject to a royal monopolj-, which makes the king the sole purchaser, and subjects the seller to the necessity of taking the price which his ngents will give. In Germany, our tobacco, and other articles, are heavily dutied, and liable to a transit duty, in addition, when they have to ascend the Rhine, or other rivers, to penetrate the interior. In the West Indies, which is our great provision market, our beef, pork, and Hour, usually pay from eight to ten dollais a barrel : our bacon, from ten to twenty-five cents a pound ; live hogs, eight dollars each ; corn, corn- meal, lumber, whiskey, fruit, vegetables, and every thing else, in pi-oportion; the vcrage, equalling or exceeding the value of the articles in the United States. We export about forty-five millions of domestic productions, exclusive of manufactures, annually ; and it may be safely assumed that we have to pay near that sum in the shape of duties, for the privilege of selling tliese exports in foreign markets. So much for agriculture. Our manufactures are in the same condition. In many branches they have met the lioine leniund, and are going abroad in search of foreign markets. They niict with vcxaMous re- strictions, peremptory exclusions, or oppressive duties, wherever they go. The (piantity already esiKjrted entitles them to national consideration, in the list of exports. Their aggregate value for 1828 was about live millions of dollars, compris- ing domestic cottons, to the amount of a million of dollars ; soap and candles, tu the value of uino hundred thousand dollars; boots, shoes, and smldlery, five hundred thousand dollars; hats, three hundred thousand dollars ; cabinet, coach, and other wooden work, six hundred thousand dollars ; glass and iron, three hundred thousand dollars ; and numerous smaller items. This large amount of manufactures i)ays their vidue, in some instances more, for the privilege of being sold abroad ; and, what is worse, they are totally excluded from several countries from which wo buy largelj'. Such restrictions and impositions are highly injurious to our manufactures ; and it is incontestably true, the amount of exports prove it, that what most of them now need is not more protection at home, but a better market abroad ; and it is one of the objects of this bill to obtain such a market for them. " It appeai-s to me [said Mr. B.] to be a fair and practicable plan, combining the advantages of legislation and negotiation, and avoiding:, the objections to each. It consults tb: sense of the people, in leaving it to their Representatives to say on what articles duties shall be abolished for their i-elief ; on what they shall be retained for protection and revenue ; it then secures the ad- vantage of obtaining equivalents, by referring it to the Executive to extend the benefit of the ab- olition to such nations as shall reciprocate the favor. To such as will not reciprocate, it leaves every thing as it now stands. The success of tliLs plan can hardly be doubted. It addresses itself to the two most powerful passions of the human heart — interest and fear ; it applies itself to the strongest principles of Iiuman action- profit and loss. For, there is no nation with whom we trade but will be benefited by the in- creased trade of her staple productions, which will result from a free trade in such productions; none that would not bo crippled by the loss of such a trade, which loss would b(! the immediato efliect of rejecting our system. Our position en- ables us to command the commercial system of the globe ; to mould it to our own plan, for the benefit of the world and ourselves. The ap- proaching extinction of the public debt puts it in- to our power to abolish twelve millions of duties, and to set free more than one-half of our entire coiiiiuerce. We should not forego, nor lo.sc the advantages of such a position. -It occurs but sel- dom ill the life of a nation, and once missed, is irretrievably gone, to the generation, at least, that saw and neglected the golden opportunity. Wo have coinpluiued, and justly, of the burthens upon our exports in foreign countries ; a part of our tariff system rests ujion the principle of reta- liation for the injury thus done us. Retaliation, heretofore, has been our only resource : but re- ciprocity of injuries is not the way to enrich na- tions any more than individuals. It is an ' un- |irolitablc cotitest,' under every aspect. But the present conjuncture, payment of the public debt, in itself a rare and almost unprecedented occurrence in the history of nalioas, enables us to enlarge our system ; to pi-esent a choice of al- ternatives: one fraught with relief, the other ill- 'lllililljlil siiit W' ! " i»R^ 154 THIRTY YEARS' VIEW. ■3 '1 ■;. ^1 '!":'•■ 4 presontinn a burthen to foreign nations. The participation, or exclusion, from forty millions of free trade, annually increasing, would not admit of a second thought, in the h.>ad of any nation with which we trade. To sty nothing of her gains in the participation in such n commerce, what would he her loss in the exclusion from it ? How would England, France, or Germany, bear the loss of thoir linen, silk, or wine trade, with the United States? IIow could Cuba, St. Do- mingo, or Brazil, bear the loss of their coffee trade witli us ? They could not besr it ul all. Deep and essential injury, ruin of industry stsditions, and bloodshed, and the overthrow of administra- tions, would be the consequence of such loss. Yet such loss would be inevitable (and not to the few nations, or in the articles only which I have mentioned, for I have put a few instances only by way of example), but to every nation with whom we trade, that would not fall into our system, and throughout the whole list of es- sential articles to which our abolition extends. Our present heavy duties would continue in force against such nations ; they would be abolished in favor of their rivals. We would .say to them, in the language of JVIr. Jefferson, free trade and navigation is not to be given in exchange for re- strictions and vexations! But I feel entire confidence that it would not be necessary to use the language of menace or coercion. Amicable representations, addressed to their sense of self- interest, would be more agreeable, and not less effectual. The plan cannot fail ! It is scarcely within the limits of possibility that it should fail ! And if it did, what then ? We have lost nothing. We remain as we were. Our present duties are still in force, and Congress can act ujwn them one or two years hence, in any way they please. '• Here, then, is the peculiar recommendation to my plan, that, while it .secures a ciiance, little short of absolute certainty, of procuring an abo- lition of twelve millions of duties upon our ex- ports in foreign countries, in return for an aboli- tion of twelve millions of duties upon imjwrts from them, it exposes nothing to jisk ; the abo- lition of duty upon the foreign article here being contingent upon the acquisition of the equivalent advantage abroad, "I close this exposition of the principles of my bill with the .single remark, that these treaties for the mutual abolition of duties should be for limited terms, say for seven or ten years, to give room for the modifications which time, and the varj'ing pursuits of industry, may show to be ncces.sary. Upon this idea, the bill is framed, and the period of ten years inserted by way of suggestion and exemplification of the plan. Ano- ther feature is too obvious to need a remark, that the time for the commencement of the abolition of duties is left to the Executive, who can ac- commodate it to the state of the revenue and the extinction of the public debt." Tho plan which I proposed in this speech adopt- ed the principle of Mr. Madison's resolutions but reversed their action. The discrimination which he proposed was a levy of five or ten per cent, more on the imports from countries which did not enter into our propositions for reciprocity : my plan, as being the same thing in substance and less invidious in form, was a levy of five or ten per cent, less on the commerce of the recip- rocating nations — thereby holding out , an in- ducement and a benefit, instead of a threat and a penalty. CHAPTER XLVIII . ALUM S.\I.T. TIIK ABOLITION OF THE DITTY UPON IT, AND HKPKAL OF THE FISHING BOUNTY AND ALLOWANCES FOUNDED ON IT. I LOOK ujwn a salt tax as a curse — as sonio- thing worse than a political blunder, great as that is — as an impiety, in stinting the use, and enhancing the cost by taxation, of an article which God has made necessary to the liealth ana comfort, and almost to the life, of every aj.iuiat- ed being— the poor dumb animal which can only manifest its wants in mute signs and frantic ac- tions, as well us the rational and .speaking man who can thank the Creator for his goodness, and curse the legislator that mars its enjoyment. There is a mystery in salt. It was u.sed in holy sacrifice from the earliest day ; and to this time, in the Oriental countries, the stranger lodging in the house, cannot kill or rob while in it. after ho has tasted the master's salt. The disciples of Christ were called by their mar.ter the .'ialtof tho earth. Sacred and profane history abound in in- stances of people refusing to fight against the kings who had given them .salt : and this myste- rious deference for on article ,so essential to man and beast takes it out of the class of ordinary production."!, and carries it up close to tho.sc vi- tal elements — bread, water, fire, air — which Pro- vidence has made essential to life, and spread every where, that craving nature may find its supply without stint, and Avithout tax The venerable Mr, Macon considered a salt tax in a sacrilegious point of view — as breaking a sacred law — and fought against ours as long as his public life lasted ; and I, his disciple, not discs- teemed by him, commenced fighting by his sido against the odious imposition ; and have contin- ANNO 1830. ANDIIEW JACKSON, PRESIDENT. 155 ucd it since his death, nnd hlmll continue it un- til the tax ceases, or my {)oHticAl life terniinntes. Many are my speeches, and reports, against it in my senatorial life of thirty years ; and among other speeches, one limited to a partictilar kind of suit not made in the United States, and indis- pensable to dried or pick'ed provisions. This is the alum salt, made by solar evaporation out of sea water ; and being a kind not produced at Iiomc, indispensable and incapable ol' substitute, it had a legitimate claim to exemption from the canons of the American system. That system protected homemade fire-boiled common salt, because it had a foreign rival : we had no sun- made cry.sta]lized salt at home; and therefore had nothing to protect in taxing the foreign article. I had failed — wo had all failed — in our attempts to abolish the salt tax generally: I determined to attempt tho abolition of the alum salt duty se- parately ; and with it, the fishing bounties and allowances founded upon it: and brought n bill into the Senate to accompli.sh tiiat object. The fishing bounties and allowances being claim- ed by some, as a bounty to navigation (in '•, hich point of view they would bo as untunstitutional as unjust), I was under the necessity of tracing their origin, as being founded on the idea of a drawback of the duty paid on the salt put uiion tlie exported '''•'ed or pickled fish — conmiencing with the suit tax, and adjusted to the amount of the tax — rising with its increase and fulling with its fall — and that, in the beginning allowed to the exportation of picklec' beef and poik, to the same degree, and upon the same principle that the bounties and allowances were extended to the fisheries. In the bill introduced for this purpose, I spoke as follows : " To spare any senator the supposed necessity of rehearsing me a lecture upon the importance of the fisheries, I will jiremiso that I have some acquaintance with the subject — that I know the fisheries to be valuable, for the food they pro- duce, the commerce they create, the mariners they perfect, the employment they give to arti- sans in the building of vessels ; and the consump- tion they make of wood, hemp and iron. I also kno«v that the fishermen applii^'d for the boun- ties, at the commencement of our present form of government, which the British give to their fisheries, for the encouragement of navigation ; and that they were denietl them upon the rc- |)ort of the then Secretary of State (Mr. Jef- fcr.son). I also know that our fishing boun- ties and allowances go, in no part, to that branch of .'ishing to which the British give most bounty — whaling — because it is the best school for mariners ; and the interi'sts of nav- igation are tl;.eir principal object in jiromoting ILshing. No part of our bounties and allow- ances go to our whale ships, becau,j^ vessels — Mr. .Ti'tlLTSon ln'inj^ (hen President. " !>. Act of 181.5 pves n liounty of twenty cents a barrel on pickled tish cxfiorted, nnd al- lows to the cod-fisliinp; vessels at the nite of two dollars and forty cents the ton for vessels between twenty and thirty tons, four \ the du- ty on alum salt, and will do it in th? simplest form of narrative statement; the reasons them- r-eiv<'s being of a nature too weighty md obvi- ous to neeIIars. To this ainouiit must be added the supply for the army and navy, and all that was sent to the bouth for home consumption, every poun < of which had to be cup-rl in this kind of salt, for common salt will not cure it. The Western country is the great producer of provisions ; and there is scarcely a fanner in the whole extent of that vast region whose interest (lialt of this kind is made in llie United States, nor any rival to it, or snlisiitnic for it. It is a foreign iniportalioii, brought from various islands in liie West Indies, belonging to Kngland. France. Spain, and Denmark ; and from Lisbon, St. Ubes, (iibraltar, the IJay of Uiscav. and liiverpool. The \ '•inciples of the iHKlectin^r systeir lo not v^ jnd o it: for i o (|uaniit\ of pvotec J car , ^'i'''- a honv" supply. TIk; jiresi.it (i.tiv «ti;,;h i.; fiir beyond tlic liitioual limit of ] v;i'' ' ? i "las bei-n in force mar thirtv yea' ami , rr. j^oduceda pound. \Ve are still thrown xlusivi.' inm tiie li>reign supplv. rSio principles of the { . ii,< < •.ing .system can ouiv apj)!} to common .salt, the product (A' « liidi is considerable in the United States; and upon that kind, the present duty u proposed to be left in full force. '•;>. liecause the iluty is enormous, and (piad- riiples the i)rice of the salt to the farmer. The original value of salt is about fifteen cents llie measuren this n the same principle, and upon the principle of all drawbacks, that of refuiiduig the duty paid on the iuqiorted salt, which is le- exiKirted on salted fish and provisions. The same principle covers the beef and pork of the fanner which covers the llsli of tlie fisherman ; nnd such was the law, as I liavo shown, for the first eigh- teen ycvrs that these bounties nnd allowaiux's were autluuized. Fish nnd provi.sions fared alike from 178'.( to 181)7. Uounties and allowances Ijegan u|)on them together, and fell together, on the re|H'al of the salt tax. in the secon a... u way is abt and fifty on at the thousand augmenting, the legal proved in ({uantity of with the cp cxportetl, w the year 1' millions of millions of suppose abi anlt uiK)n ea the value of with the val cx|K)rted. and forty-ei duty on alh) fish; makinj On this basi usefl on exj) hundred tin the incrcasii creasing ex|i given iK,'rio< same, wouh 1820, three four hundre exported, a thonsan. Recs tion of one constitutior ANXO 18S0. ANDREW .TACK90N, PRFSrDENT. 157 . rMsors ..'aw not a timii (loiihic n.s aiiie prinriplo, to ■1 II onoy from tlio of drawing nn iin- 'lu pill)! trcasiiry, .it for the (Iruwl)ack In the cxart sense of tlm proverb, has made fish of one ami flesh of iho other ever since. The fishing interest is now »lra\vin;^ aljoul two hun- dred and fifty thousan H>u 'Mil o. money m-tual'y driivu in ♦! t way is about four millions seven humlred and fifty thousand dollars, and is now poing on at the rate of two hundred and fifty thousatui dollars per annum, ami constantly augmenting. That this amount is more than the legal idea recognizes, or contemplates, Is proveii in various ways. I. i'v compuiing the (piantity of .salt supiKised to have bi-en used, with the quantity of fish known to have been exported, within a given year. This test, for the year IS'Jrt, would oliibit lihout seventy n^illions of pounds weight dI' salt on «lK«it forty millions of |)Ounds weight of fish. This would suppose about a pound and three quarters of anit u|H)n each pound of fish. 2. I(y comparing the value of the .salt sujijk) d to have been used, with the value of the fish known to have been exjKJrted. This test would give two hundred and forty-eight thou.sand dollars for the salt duty on alhMit one million of dollars' worth of tlsii; making the duty one fourth of its value. On this basi.s, the amount of the ulish this duty: it is the interest of the Northeast to perpetuate it. The former loses money by it ; the latter makes money by it ; and a tax that becomes a money- nuiking business is a solecism of the highest order of absurdity. Yet such is the fact. The treasury records prove it, and it will allbrd tl-.e Northeast a brilliant opportunity to manifest their disinterested affection to the West, by giv- ing up their own profit in this tax, to relieve the ^Vest from the burthen it imiwses ujton her. ■ 8. IJecause the repeal of tfic duty will not materially diminish the revenue, nor delay the extingiiiiihment of the public debt. It is a tax carrying money out of the treasury, as well as bring' iig it in. The i.s.suc is two hundred and lifly thousand dollars, perhaps the fidl amount which accrues on the kind of salt to which tho abolition extends. The duty, and the fishing allowances bottomed upon it. falling together as they did when Mr. Jefferson was I*rcsidenl, wouhl probably leave the amount of revenue unafl'ected. " y. Because it belongs to an unhappy period in the history of our government, and came to us, in its present magnitude, in company with an odious anrmittcd it to contimie ever since. It is now our duty to sink it a .second time. Wo profess to be disciples of the Jcflersonian school ; let IIS act up to our profession, and complete the task which our master set us." ^ l« mi»ft l« KIMW I W I ffP II MItM W«K MIW 158 THIRTY YEARS' VIEW. t\) \ I CHAPTER XL IX. BANK OF THE UNITED STATES. It htm boon nlroady shown that Ck-iK-rnl Jack- KOn ill his first annual nies.s«};eto Conpress, call- ed in qiu'stion lK)th the constitutionality and cxpwlicncy of the national hank, in a way to show him averse to the institution, and dis- posed to see the federal povernnient carried on without the aid of such an assistant. In the Banic message he submitted the (juestion to Con- gress, that, if such an institution is o8ed by Mens, de To<-queville. He soys, in his chapter 8 on Amer- ican democracy : '• Mr. Qiiincy Adams, on his entry into office, discharged the majority of tho individuals who had been ap|)<)inted by his pre- decessor ; and I nm not awaro that Oencral Jackson allowed a single removable functionary employed in the public service to retain his place beyond tho first year which HucceeM.s. With resjKsct to Oeneral Jackson, it i« nbont equally so in the main assertion — the aw.sertion that ho did not allow a sin^^le removable func- tionary to remain in ofTlco beyond the (Irst year after his eUrtion. On the c«)ntrary, there were entiro clashes — nil those whose functions j)artook of the Judicial — which he never touched. Boards of connnissiuners for adjudicating land titles; commissioners for adjtidicating claims under indenuiity treaties; judges of the territorial courts ; Justices of the District of Columbia ; none of these were touched, cither in the lirst or in any subsequent year of his administration, except a solitary judge in one of the territories ; and he not for political cause, but on sin-cific complaint, and after Uiking the written and re- sponsible opinion of the then Attorney General, Mr. Grundy. Of the seventeen diplomatic fur" tionaries abroad, only four (three ministers a'ld one charge des atlaires) were recalletl in the first year of his administration. In the departments at Washington, a majority of the incundK>nts re- mained opposed to him during liis administration. Of the n^ar eijrht thousand deputy jMstmastcrs in the United States, precisely four hundred and ninety-one w<'re removed in the time mentioned by Mons. de Tocquevilh', and they for all causes — for every variety of causes. Of the whole number of removable officials, amounting to many thousands, the totality of rcmoval.s was about six hundred and ninety and they for all causes. Thus the government archives contra- dict Mons. de Tocfiuevillo, and vindicate General Jackson's administration from the reproach cast upon it. Yet he came into office under circum- stances well calculated to excite him to make rc- movals. In the first place, none of his ])olitical friends, though constituting a great majority of the people of the United States, had been ap- pointed to office during the preceding administra- tion ; and such an exclusion could not be justifled on any consideration. Ilia election was, in snnie degree, a revolution of jiarlies, oi rather a re-estab- lishment of parties on the old lino of federal and democratic. It was a change of administration, in which a change of government funclionaricx, to some extent, t)ccame a right and a duty ; but still the removals actually made, when political, were not merely for opinions, but for conduct imder these opinions ; and, imhnppily, there wa« conduct enough in too many ofHciala to Justify their removal. A large projwrtion of them, in- cluding all the new ap|ii)iutments, were inimical to General Jackson, and tlivided against him on the re-establishment of the old ])nrty lines ; and many of them actively. Mt, t^lay, holding the first place in Mr. Adams's cabinet, took the field against him, travelled into diU'erent States, do- claimed against him at public meeting.^ ; and de- precated his election ns the greatest of calam- ities. The snbonlinates of the government, to a great degree, followed his example, if not in public speeches, at least in public talk and news- paper articles ; and it was notorious that these subordinates were active in the presidental elec- tion. It was a great error in them. It chang- ed their |)osition. By their position all admin- istrations were the same to them. Their duties were ministerial, and the same under all Presi- dents. They wire noncombatants. By engag- ing in the election they became combatant, and subjected themselves to the law of victory and defeat — n-ward and promotion in one case, loss of place in the other. General Jack.son, then, on his accession to the Presidency, was in a now situation with resiHJct to jiartiis, dillipMit fn.m that of any President since the time of Xn: -uf- ferson, whom he took for his model, and whoso rule he followwl. He made many removals, and for cause, but not so many as not to leave a ma- jority in office against him — even in the execu- tive departments in Washington City. Mr. Jcfrer.son hud early and anxiously studied the question of removals. lie was the lirst President that had occasion to make them, ami with him the occasion was urgent. His elect ion was a complete revolution of jiarties, and when elected, ho found himself to be almost the only man of his party in oflicc. The democracy had been totally excluded from federal appointment during the administration of his predecessor ; al- most all offices were in the hands of his i)oliti- cal foes. I recollect to have heard an officer of ANNO 1830. ANDREW JACKSON, PREHIDENT. 161 tho nnny sny that there woh l»ut one field offlcer in tho service fuvurahio to him. This woh the ty|H) of the civil wrvice. JiiHtico to hiniHclf and IiIh piirty n-riuircd tliin state of thlnKN to bo al- tcnvl ; rifniiic'd liis friends to hnvo a Hharo [iro- |H>rti(Mi:tt(> to tlieir iitiiulHirs in the distribution of ollicu ; and reiiuircd him to havu tlio assistnnco of Ills frii'iids in the administration of tlie i^overn- ment. The four years' limitation law — tho law which now viieates within tho cycio of every presidontjjil term tho ^reat mas8 of the ofHccH — was not thin in force. UesiKnations then, as now, were few. Removals were mdisi)en8ablo, and the only ((uestion was tho principle upon which they sliould be made. This question, Mr. Jeilerson studied anxiously, and under all its aspects of principle and policy, of national and of |):ii'ty duty ; and upon consultation with his friends, settled it to his and their satisfaction. The fundamental principle was, that each party was to have a share in tho ministerial oilioeH, the control of each branch of tho service being in the ha.'ids of the administration ; that removals were on\j (o be made for cause ; and, of course, tliat there shoidd be inquiry into tho truth of imputed di'line is few as possible, done gradual- ly, and liottomed on some malversation, or in- liereiit disiiualillcation. Where we should draw till' line l»it ween retaining all and none, is not yit setllcl, and will not be imtil we get our ad- ministration together; and, perhaps, even then wc shall proc'odi) tatuna. balancing our mea-sures according to the impression we perceive them to make. " On the 2".d of March, 1801, being still in the first month of his administration. Mr. Jefferson wrote thus to Gov. Gile.s, of Virginia : "(iood men. to whom there is nooljection but » (liU'en-nce ol'itoliticil opinion, praetisedon only •0 far as the light of a private citizen will justi- Vol. 1.— U 1\', are not projwr subjeofs of removal, except In the case of aKorneys and marshals. 1'he courtH l)eing so «leeidedly ftnloral and irremovable, it Ih )H>lievonsably necessary ns a shielil to tho repub- lican part of our fellow-citizens ; which, I believe, is tho main body of the |)eople. " Six days after, ho wrote to Elbridgo Ocrry, afterwards Vice-President, thus : " Mr. Adams'g last appointments, when he kn»w ho was appointing couiiHellors and aitls for mo, not for himsi'lf, I set aside as fast as de]M>ndM on m«. Officers who have been guilty of gn)ss abuse of office, such as marshals ]))U'king juries, &c., I shall now remove, as mv preilccessors ought in justice to have ilonc. 'i ho instances will be few, and governed by strict rule, and not party pas- sion. Tho right of opinion shall suffer no inva- sion from mo. Those who have acted well have nothing to fear, however they may have differwl from mo in opinion : those who have done ill, however, have nothing to ho|to ; nor shall 1 fail to do justice, lest it should Ijc aiicribed to that differenco of opinion. " To Mr. Lincoln, his Attorney-General, atill writing in the first year of his administration, ho says: " T still think our original idea as to office is liest; that i.s, to depend, for obtaining a just par- ticipation, on deaths, resignations and delin(|uen- cies. This will lca.st affect the tran(|uillity of tho {icople, and prevent their giving into the sugges- tion of our enemies — that ours has Ijoeii a contest for office, not for principle. This is rather a slow operation, but it is sure, if we pursue it steadily, which, however, has not been done with the iin- deviating resolution I could have wished. To these means of obtaining a just .share in tho transaction of tho public business, shall be added one more, to wit, removal for electioneering ac- tivity, or open and industrious opposition to the principles of the present government, legislative and executive. Every officer of the governmiiit may vote at elections according to his cou.science ; but we should betray the cause committed to our c»' ', were we to permit the influence of official pai mage to be used to overthrow that cause. Youi present situation will enable you to judge of prominent otlen«lers in your State in the ca.so of the 1 resent election. I pray you to seek them, to mark them, to bo quite sure of your ground, that wo may commit no errors or wrongs ; and leave the rest to me. I have been urge«l to remove Jlr. Whittemore, the surveyor of (iloucester, on grounds of neglect of duty and industrious opjjo- sition ; j'et no facts are so distinctly charged a.s to make the step sure which we should take in, this. Will you take the trouble to satisfy your- self on the iMjint ? " Tikis was the law of removals as kid down bj^ 162 TniRTY YEARS' VIEW. II ■« |y i Mr. JefTcrson, ami piv-'tiswl ujxjn by liim, but tbcir bn-nd. not borniisc tlioy bnd nopIuotoH tlicir not to the extent tlmt Iiis |)riiici|»lc reiiniied, or «bities. not U'cuiise tliey lm'.' '"'l «n^»Iy »H;cause the) „ ir 11 1 ,. 1 • 1 »i //ii • . ,n«iv liiKl owed they situations to ^:olue (whii;) noble- self, not louK before bis niiM ii^iiiiiM< iiiu |n'ure. i lie .. >. that he had never done justice to his own par'y lion extended to tidewaiten;, to doorkeejH'rR. —had never piven them the sliare of oflice to <>"^' |'«"'"Uian, (o whonni iiensionhiullH'tnKiven which (here numbers entitlcl then.- -lia.1 fniled I"' 'l'" »;»''"<'••■>' '" " W V}^' f^'ji'iPKl^rs, was • „. , , 1 .. , ^ , , deprived of It because be had been iK'friended bv to remove many who .lescrved r». b.,t who n,', („.,,ij,) p,,,,,. „f ,j,„n„„. An a^v-d widow- were spared throujih the intercession of friends who, on account of her husbanil's services in (lie and concern for their distressed families. (Seiie- , navy, had, many years before, Ik-cu inaile hoiise- rnl Jackson acted uinm the rule of .Mr. Jeflerson, , H'*'!'''!' '" " P"*'''*^ "'"*"^'' ""« •l«'*nHssed from her K..f ~« .1 .1 * ft • I 1 • . 1 I Situation because she was distan'lv connected but no do,btwa.s often mislcl mto departures by maniafev with the (whi^) Cavendish fanSly;'' from the rule; but never to (he extent of piviiip to the party more '.Iian their due proisc; lion of odlce, according to their numbi>rs. Great cla- mor was raise*] apainst him, and the number of 80-c:illed ■' removals '" was swelksl by uu abuse of the term, every case bein{; prucli'iined a " re- moval, " wlK're he refused to n>ap|)uint an ex- incumbent whose tc, in had expired under the four rears' limitation atL Tar from universal rcnw'vals for opinion's sake, Geic ral Jackson, as I have already said, left the majoiity of his op- ponents in oHice, and rc-apiM)inted many such family. This, to bo sure, was a tory proscription of wlii{;s, and therefoi e the less recommemlable as an example to either party in the Tnite^l States, l»ut (come worse sinw, and is true to a sulllcient e\tent to deniiind reform. The remodv is loiind whose teim-i had expired, and who had approveIons. de Toccpie- , f the people. Certainly, foveriinieiit. no individual has a right to an ofllce ; no one lie |)r!u(ice of rcmova's for opinion's sake is has t;n estate or pnijK'rly in a pu>>lic employ- ©woniing too common, and is reducing our pre- ment ; but when a ineiv miiii.-,terial worker in a tiideiitial elections to what .Mr. Jell'erson depre- , subonliiiate station has learned its duties by cx- CJted, " A contest of oflice instead of priiicijile, " pei ience, and approveil his lldelity by his con- a.ul converting tiie victories of eacJi l»arty, so ftu' duct, it is an injury to the public service to ex- as ollice is concerned, into the |icditical exieriiii- change him i'or a novice, whose only title to the nation of the other; um it wiu in G rent lb itiiiii | place may l>e a |)olilicul badge or a partisan between the whi;;s and tories in the bitter con- I service. It is exi-hangiiig exiH'iience for iiiexpe- tests of one hundred years ago. and when the , liiiice, tricil ability for untried, ami ilestroying \ictor made a "clean sweep'' of (he viui.|uished, , incentive to gooil conduct by destroyuig its tv- Icaving not a Wieck behind. .Mr. Abiciuilay thus , ward. To tlio party displaced it is an injur, having become a prolicieiit in that business, ex- pecting to remain in it during gotxl behavior, aiiti otentinry " is a fraud u|)on tho name, and a breach of the old ))olicy of the gov crnmcnt, nnd a hitching on American diploninry to the tail of the diplomncy of Euroiic. It is tho actual keeping up of '- ministers resident" under a fulso name, and contrary to a wise and vener able policy ; and requires tho reform hand of tho House of llepresentntives. But this point will require a chapter of its own, and its elucida- tion nuist bo adjoarned to another and a separate place. Mons. do Tocqucvillc was right in the princi- ple of his reproach, wrong in the extent of his application, but would have been less wrong if he had written of events a dozen years later. I deprecate the effi.'ct of such swcejiing removals at each revolution of parlies, and believe it in having a deplorable elfect both n|)on the purity of elwlions and the distribution of office, and taking 1x)th out of the hands of the i>eople, and throwing the management of one and the en- joyment of the other into most unlit hands. I consider it as working u deleterious change in the government, making it what Mr. .leH'erson feared : and being a disciple of his school, and believing in the soundness and nationality of tho rule which he laid down, I deem it gooil to re- call it solemnly to public recollection — for tho profit, and liope, of present and of future times CIIAPTKll LI. INDIAN BOVKUKIONTIKH WITHIN THE STATES. \ roi.iTtCAi, movement on the part of some of the southern tribes of Iiiiiun.s, brought up anew questii u between the States and those Indians, whii'li called fi>r the interposition of the feikral goverinuent. Though still called Indians, their piimitive and equal governnunt had lost ittt I'lirin, and had become an oligarchy, governed chiefly by a few white men. called half-brei>ds, because there was n tincture of Indian blood in their veins. These, in some instances, snt up goveinnuMits within the .States, and claimed sov- ereignty and doniini'tn within their limits. Tho States resisted this dauu and extended their lawa nnd jurisdiction over them. Thu federal govern* p.' I I m 164 THIRTY YEARS' VIEW. BV'i '» ■» nicnt was apiwalcd to ; and at the commence- ment of the session of 182Q-'30, in liis iirst an- nual message, President Jackson brought the subject before the two Houses of Congress, thus : " The condition and ulterior destiny of the Indian tribes within the limits of some of our States, have become obj-nits of much interest and importance. It has long been the policy of gov- ernment to introduce amonp them the arts of civilization, in the hope of gradually reclaiming them from a wandering li!e. This policy has, however, been coupled with another, wholly in- compatible with its success. Professing a de- sire to civilize and settle them, wc have, at the same time, lost no opportimity to purchase their lands and thrust them further into the wilder- ness. By this means they have not only been kept in a wandering state, but been led to look nt)on us as unjust, and inditl'erent to their fate. Thus, though lavish in its ex|)enditur<38 ujwn the subject, government has constantly defeated its own jwlicy, and the Indians, in general, reced- ing further and further to the West, have re- tained their savage habits. A |)ortion, however, of the southern tribes, having mingled much with the whites, and made some progress in the arts of civilizce formed or erected within the jurisdiction of any other State," without the consent of its legislature. If the general gov- ernment is not permitted to tolerate tlie erection of a confederate State within the territory of one of the meml)ers of this Union, against her consent, much les.s could it allow a foreign and indi'iK'ndent government to establish itself there, (iiorgia became u member of the confetleracy which eventuated in our fwleral union, its a .sov- ereign State, always a.sserting her claim to cer- tain limits ; which, having bet.ii originally de- lined in her colonial charter, and subseriuently recognized in the treaty of peace, slie has ever since continued to enjoy, except us they have been circumscribed by her own voluntary trans- ft'r of a i)ortion of her territory to the Unite- pressivc of governments — an oligarchy. There is nothing surprising in this result. From the character of the people, and tho causes oiicrating upon them, it coidd not have been otl. rwisc. It was this state of things that rendered it obliga- tory uj)on Georgia to vindicate the rights of her sovereignty by abolishing all Cherokee govern- ment within its limits. Whether of the intelli- gent, or ignorant class, the State of Georgia has passed no laws violative of the liberty, personal S(."urity, or private projMJrty of any Indian. It lias Iteen the object of humanity, and wisdom, to separate the two cla.sses (tlic ignorant, and the informed Indians) among them, giving the rit'hts of citizenship to those who are capable of \k'V- forniing its duties and proj)erIy estimating its priviiegos ; and increasing tlie enjoyment and the probability of future improvement to the ignor- ant and idle, by removing tiieni to a situation wliere tlie inducements to action will be more in acionlunco with the character of tlic Cherokee people." With respect to the foreign interference wi'.h this (nie&liun, by politicians 6f other States and pseudo philanthropists, the only effect of which was to bringuponsubaltern agents the piiiii-liiiient which the laws inilicted ui)on its violuloi^ iho governor said; " It is well known that tlie ex- tent of the jurisdiction of Georgia, and tiie pol- icy of removing the Cherokees and other Indians to the west of the Mississippi, have become |i)irty questions. It is believcl that the Cherokees in Georgia, had determined to unite with that por- tion of the tribe wlio had removed to the west of the Mississippi, if the poiicy of the President was sustained by Congress. To prevent this re- sult, as soon as it became highly probable that the Indian bill would pass, the Cherokees were {)crsuaded that the right of .self-government could be secured to them by the jiov.er of the Supreme t'ourt of the United States, in deliance of the leg- islation of the general and State governments. It was not known, however, until the receipt of your letter, that the spirit of resistance to tho laws of the State, and views of the United States, which has of late been evident among the Indi- ans, had in any maimer liecn occasioned by your advice." Mr. Wirt had been professionally em- ployed by the Cherokees to bring their case be- fore the Supreme Court ; but as he classed jiolit- ically with the party, which took sides witli the Indians against Georgia, the governor was tho less CLfcmonioui', or reserved in his reply to him. Judge Clapton, in whose circuit th«' Indian counties fell, at his first charge to the grand jury assured tho Indians of pi-otection. warned the in- termeddlers of the mischief they were were do- ing, and of the inutility of applying to the Su- preme Court. He .said: '"My other puriK)se is toapprise the Indians that they are not to lie oppres- sed, as has been sagely foretold : that the same justice which will be meted to the citizen shall l)c metetl to them." With respect to interiueddlers he said : " Meetings have been held in all direc- tions, to express opinions on the conduct of (leorgia, and Georgia alone — when her adjoining sister States had lately tione precisely the same thing; and which she and they had done, in the rightful exercise of their State sovereignty." The judge even showed that one of these intru- sive philanthropists had endeavored to interest Euroiwan sympathy, in behalf of the Chcrokecs; and(pioted from the address of the reverend Mr. Milner, of New- York, to the Foreign Missionary Society in London: "That if the cause of tho negroes in the West Indias was interesting to fl' ,|iii J!||i 166 THIRTY YEARS' VIEW. 1 ■ # il: that uuditory — and deeply interesting it ought to bo— if the {Hipiilntion in Ireland, groaning be- neath the degradation of superstition — excited their sympathies, he trusted the Indians of North America would also be considered as the objects of their Christian regard. He was grievce latter three millions." In this manner Euro|K'an symjtathies were sought to be brought to bear upon the question of removal of the Indians — a political and domestic question, long since resolv- ed upon by wise and humane American states- men — and for the benefit of the Indians them- selves, as well as of the States in which they were. If all that the reverend missionary utter- ed had been true, it would still iiave been a very improjjer invocation of Euro])ean sympathies in an American domestic question, and against a set- tled govermncntal jwlicy : but it was not true. Tiie Creeks, with their imputed ton millions of acres, ownetl not one acre in tlie State ; and had not in live years — not since the treaty of cvssion in IHli."): wliicli shows the recklessness witli which the reverend suppliant for foreign synq)ii- thy, sjwke of the people und States of Iiis own country. The few Cherokee.-s who were there, instead of subjugation and destruction of their liberties, were to be paid a liigh price for their l.\nd, if they chose to join their tribe beyond the Mississippi ; and if not, they were to be protect- ed like the white inhabitants of the counties they lived in. With resjwct to the Supreme Court, the judge declared that he should pay no atten- tion to its mandate — holding no wrifof error to lie from the Supreme Court of the Cnited States to his State Court — but would execute the sen- tence of the law, whatever it miirht Iw, in defiance of the Supremo Court; and r . -h was the fact. In.stigated by foreign into (en i< ar 1 n'!.ing; upon its protection, one (»eorgo itvsi.'s. of I?!- dia.i ilescciit. committed u homicide :i: f osisting j the laws of (Seoig'a — was ti ied . )r u\'.: loi ^on- . victed — condemned — and i .ntentet. .o ijc hanpn! on a given day. A writof i-rni! U\ .tUiy (K'-ivi-.- before itself, wat; obtained from > 'c S"m .11.0 Couit \ of the United States ; and it was proposed by the counsel, Mr. Wirt, to try the whole question of the right of Georgia, to exercise jurisdiction over the Indians and Indian country within her lim- its, by the trial of this writ of error at Wash- ington ; and for that pur|)o.se, and to save the tc< dious forms of judicial proceedings, lie re(]iiested the governor to consent to make up an " agreeil case" for the consideration and decision of that high court. This proposition Governor Gilmer declined, in firm but civil terms, saying : " Your suggestion that it would be convenient and sat- isfactory if yourself, the Indians, and the gov- ernor would make up a law case to be siilmiit- ted to the Supremo Court for the determination of the question, whether the legislature of (li-or- gia has competent autliority to pass laws for the government of the Indians residing within its limits, however courteous the manner, and conciliu- tory the phra.seology, cannot but be consideu'd as e.xcoetJingly di-srcsjiectful to the government of the .State No one knows better than yourself that the governor would grossly violate his duty, and exceed his authority, by complying with such a suggestion ; and that l)oth the letter and the spirit of the jwwers conferred by the constitution upon the Supreme Court forbid its ao\\cy of (Jeorgia. One Indian hanged, some missionaries imprisoned, the writ of the Supreme Court disregarded, the In- dians removed : and the (sditical and pseudo- philanthropic intcnneddlers left to the rellection of having done nmcli mi.'^chief in a.ssuniing to tK-eoniu tho def iders and giuirdians of a race vlil-ih tho hni^itnityof our laws and people were treating with parental kindness. IIUI'TUKK M li ANNO 1831. ANDREW JACKSON, PRESIDENT. 167 osed by the |UCHtion of liction ovei lin her lim- at "NVash- Kavc tlie tc- • requested un " agreeiu rontiniinucu liiin trilH's, ly he soef- iieee.ssity of eot." .And '!ic day fir id: he wii.s L« Court was lerokeis af"- nvc'd to llie the eiiil iif picul inter- irjjia. OiM) risoned, tlie ed, the lii- nd jiseiulo- le reliectiiin ssuniinj; to s of a race leople wcra OnAPTER LII. VETO'ON THE MAY8VILLE KOAD BtLL. This wuh tho third veto on the subject of federal internal iinproveinent.s within the States, and by tlire(! (hfl'erent Presidents. The first wa.s by Mr. Madison, on the bill " to set apart, and pledge i'ertuin funds for constructing roads and canals, and improving the navigation of watercourses, in order to facilitate, promote, .ind give security to internal comnicrcc among the several States .; and to render more ea.sy and less c.\|K>nsivc tlie means and provisions of the common dufenc-e " — n very long title, and cvct^Argtnnentative — as if afraid of the President's vJlo — which it received in a nies.sago with tho rea.sonH for disapproving it. The second was that of Mr. Monroe on the ('umberland Road bill, which, with an abstract of his reasons and argument.'*, has already bun given in this View. This third veto on the same subject, and from President Jackson, and at a time when internal iniprovcment by the federal government had become a jwint of party ilivision. and a part of the American system, and when concerted action on the public mind had created fur it a degree of |)opuIarity : this third veto tin- der such circumstances was a killing blow to the system — which has shown but little, and only occasional vitality since. Taken together, the three vetoes, and tho three messages sustaining fliem, and the action of Congress upon them (for in no instance did tho IIou.se in which they origi- nated pass the bills, or either of them, in oi)i)osi- tion to the vetoes), may bo considered as embra- cing all the constitutional reasoning upon the (piestion ; ami enough to be studied by any one who wishes to make himself master of tho sub- ji-ct. C II APT Ell LUX. IMTI'TUUK HKTWKKN PUKSIDKNT .TA0K80N, AND VICK-I'UESIDENT CALHOUN. With the (juarrels, of public men history has nil concern, except ns they enter into public con- liiift, and influence public events. In such ca.se, and as tiie cause of such events, these quarrels belong to history, which would bo an empty talo, devoid of interest or instruction, without the do~ velopment of the causes, and conseijuences of tho acts which it narrates. Division auiong chiefs has always been a cause of mi.^chief to their country ; and when so, it is the duty of history to show it. That mischief jioints the moral of much history, and has been mado the subject of tho greatest of {toems : "Aclilllps' wrntli, to Orcoco Itie dlrclUl Bprtng Of woo« unnuiiibcreil " About the beginning of March, in tho year 1831, a pamphlet appeared in Washington City, issued by Mr. Calhoun, and addressed to the (Hiople of the United States, to explain tho cause of a diflerencc which had taken place between him-self and (General Jackson, instigated as tho pamphlet alleged by Mr. Van Iturcn, and in- tended to make mischief l>etween the first and sec- ond ofTIcers of the government, and to etl'ect tho ;)olitical destruction of himself (Mr. (.^alhoun) for the benefit of the contriver of the quarrel — tho then Secretary of State ; and indicated as a candi- date for the presidential succession u|)ou the termi- nation of General Jiick.son's service. It was the same pamphlet of which Mr. Duncan.son, as here- tofore related, had received previous notice from Mr. Dufl' Green, as being in print in his oIUto, but the publication delayed lur the maturing of tho measure}', which were to attend its ap]K # 'g "" *"i' * *' '— ' * '* '*'"*'' * m'mtmm!imr'm m^3ifmm»tfm*iSMmim»^mS' M»i m Mwafii . 168 THIRTY YKARS' VIKW. •A' Jl.-;. iiil^ 'i H ilt r "I the pn)of«4. His words were : '• In your imnt light fmm that in which Mr. Calhoun's letters had pix'sented it ; and ipiotin}!: vouchers for nil that he said. The case, as made out in the publisheil |)amphlet, stood befiiie tlu- public as (hat of an intrigue on the jiart of Mr. Vim Buren to supplant a rival— of which t'v.> President was the dupe — ?.Ir. Calhoun the victii. -and tlio country the suH'erer : and the viotlua opentudi of the intrigue was, to dig up the buried jiroceedings in Mr. Monroe's cabi- net, in relation to a pro|)Osed court of inquiry on the general (at the instance of ^Ir. Calhoun), for his alleged, "tinuthorized. and illegal ojtcra- tions in Florida during the Seminole war. It was this case which the general felt himself bound to cimfront — anil did ; and in confronting which he showed that Mr. Calhoun himself was the sole cause of breaking their fiiendsh'p ; and, Cimse(|uently. the sole cause of all the conse- {[uences which residted from th.it bi-each, I'p to that time — up to the date (»f the discovery of Mr. Calhoun's now ailmitted part in the pn)iK)sed measure of the court of in niitlior It in IIkm' wonts; I "DoivmliiT'iO. 1S.V1.— Ill reply to your nolo iii>t rucilvod, I I liavr to cinic llmt. wlslilnt' to do cMu't Jiislico to nil nii n in ! my I.il'o ol (iiiu'nil .hickson, I luMristiMl u note to Mr. Tiil- lioiin ^t!ltilli:to liiin In siili-tuncr, llmt I «a- in |M.■M■^^loll of till' fvlilviK'is on wliicli tlif s:ion and decision of the pfojile. Tuder this couvii'tion I have acted lu'retofort', anil now act, not wishing this or any other part of mj' public IH'e to be concealed. 1 pru.sent my whole con- duct in connection with the subject of that cor- respondence iu this form, to the iudu'geut but , firm and cidightcned consideration of my fellow citizens. [Hero follows a justification of Gen. Jackson's conduct under the law of nations, and under the orders to Ocn. Gaines, bia predecessor iu tht command.] " Such was the gradation of orders issued '>y the government. At first they instructed their general ' not lopcuta the line? Ho is next in- structed to ' ccerciac a sound diHcretion us to the necessity of crossing the line.'' He is then directed to consider himself ^ at liberty to march across the Florida line,^ but to Iialt, and re- port to tho department in ca.so the Indians ^should shelter theniselcea tinder a Spanish fort? Finally, after being informed of the otro- cious mas.sacre of the men, wonicn and children constituting the party of Lieutenant Scott, they order a new general into the field, pnd direct him to ' adopt the necessary measures to put an end to the conjlict, without regard to ti:rrito- rial ^^ lines," or ''iHpaniah forts." ^ Mr. Cal- houn's own understanding of tho order i.ssued by him, is forcibly and clearly explained in a let- ter written bj iin in reply to the inquiries of Governor Bibb, of Alabama, dated the l.'Ith of May, 1818, ni which he says: — ' Ucncnd Jacl- son ts rested with full power to conduct he war as he may think best? '" These onlers were received by General Jack- son at Nashville, on the night of the ll2th Janu- ary, 181H, and i* instantly took measures to curry tlwm into etlect. " In the mean time, however, he had received copies of the orders to General Gaines, to take jjt>s.session of Amelia island, and to enter Flori- da, but halt and rejwrt to tlie department, in (•a>e the Indians sheltered theinselvi'S under a S|)anish fort. Approving the jwli'-y of the for- mer, and jierceiving in the latter, dangers to tho army, and injury to the country, on tl»<' (ith of .lanuary he addressed u conlidential li-tter to tho 1 'resident, frankly disclosing his view-; oii both sul)je<'ts. The following is a copy of that let- ter, viz.: — "NAsuvii.r.f; (Slh.fmi., 1818. '■ SiH : — A few days since, I receiveroperty and lives of, our citizens, will meet not oidy the approbatiim of your country, but tho approbation of Heaven. Will you however permit me to suggest the catastrophe that nii;;lit arise by |)en their gates to them: to prolit liy iii> siclory, (uiieral Gaines pursues the fugitives, anil has to halt bo* Ml imm mmmm 170 THIRTY YEARS' VIEW I I ir :# fore militia Erow restlfss, and he is left to (lofentl hiinNuIl' y the rt^rnliirs. The enemy, witli the uid of their .Spanish rriemls, and Woodliine's British piirtisans. or, if vou please witli Aurey's foree, attacks him. Wliat may not ho the result ? Defeat and massiu;re. Permit mc to remark that the arms of the United States must he carried to any point within the limits of Kast Florida, where an enemy is i)crmittud and pro- tected, or dis};n attends. "The Kxecntive (lovernment have ordered, and. as I conceive, very pro|)erly. Amelia Island t(j he taken |K)ssession of. This order ought to 1)0 caiiicd into execution at all hazards, and si- multaneoijsly the whole of East P'lorida seized, and held as nn indemnity for the outrages of Spain U|M)n the projierty of our citizens. Thin done, il puis all opposition pain in pursuit of our ' Indian enemy, all op|iosition that they meet , Willi must be put down, or we will be hivohc I , in danger and ilisgrace. , '■ I have the honor, &e. "ANDREW JACKSON. " Ja.mk8 Monroe, President U. S. j "The course recommended l>y General Jack- ' Ron in this letter relative to the occupation of the ' Floriilas accords with the jiolicy whicli dictated the secret act of Congress. He reconuneneen issued. He renuirked after i>erusiu" the letter, that it was a conlidential one relating to Florida, irhich I mitid answer. ' " In accordance with the advice of Mr. Calhoun, and availing himself of the suggestion contaiuecl in the letter, Mr. Monroe sent for Mr. John Hhea (then a member of Congress), showed him tlie conlidential letter, and recpiested him to an.rritory. He was clothed with all llio lM)Wei of the President, and authorized ' to con- duct the war as iic iltought hist.' Ho had or- ders OS gineral ami compixhensive as words could make them: he had tlie conlUKntial appro* bation of the Pre-ident to his colldintial lecom- mendutioii tu bei2>; Florida : and he eulered tUa ANNO 1830. ANDREW JACKSON, PRESIDENT. 171 ill' I was sc- it was from <> read, aft,., 'lilt' ordor stir had l)c. IT IKTIIsiliff one iclatiiij» fr. Callioiin, '» lontaiiad Air. Joliii liOMcd liini '•'I liiin |„ '■iqiii'st Mr. nil (ii'niTal vii liiiii tlif to-itak'diut •nsuir M aa kI riiffht ho '"'■ inili'.s ill Wimv his and of (ho M'< ivod or- powers ill to i)iit an I'lesidc'iit •Igiiii'iit i( ■ wholo of I'on.sidert'd "I ajiprov- I'lU'i-hcCoiu "I «'n iiith h' I'i'ii li(i II (wasion '. t'alhoiin liorizud to and hdu- lii-ii iiiadf I'd, bc'foru II'OO U|)<>I| •StlOKS of 'diinLv (0 I't art of ■(I. iiiidir iH'ciipy lii'h were 'ver tliut lice, and ar as re- tiikiuiiU that ob- Juekson x'oidiii^ ion and of thu all thu to eon- iiad or- wonls appro- lecoiH- cil tho province with the full knowledge that not only justice and iK)Iicy hut tiie hiws of liis country, and the oniers of tlie President as publicly and privately e.\plained and undei-ston that |M>int. On his ailvance lie received a letter from the governor, denouncing his entry into Florida as a violent outrage on the rights of S|Miin. reipiiring his immediate re- treat from the Territory, and threatening in case of refusal to use force to expel him. This dec- Iarati(Mi of hostilities on the part of the Spanish authorities, instead of removing, tended to in- crease the niHvssity for the (Jeneral's advance, because it was manifest to both jiarties that if the .\mericanarmy then left Floricla. the Indians, under the belief that there they would always llnd a sale retreat, would coinmence their bloody incursions u|>»)n our frontiers with reiiouliled f\u y ; and (ieneral .lackson was wart-.ed that if he left any |iorlion of his army to res'rain the ludiuus, and retirvnd that their plunder was nnrchnsed in Per.siii>/la, (ieneral .la(;kson found a justification foi seizing that post also, and holding it in thu nkiiic of the I'ni- ted States, '• St. Augustine was Hlill in the hands of tho Spaniards, ami no act of tin* authorities or {k'o- ple of that place was known to (Jeneral .laekson previous to his return to Tennessee, which would .sustain hiiu in assuniing the res|M)nsil.ility of occupying that city. However, alniul the 7tl» of .August, iHiH. he n'ceived information that the Indians were tliere also rcccivd and supplie*!. On that flay, therefore, he issued an oid i to (Jeneral (James, directing him to co". ^t the evi- dences of those fm'ts. and if they were well Ibmid- ed, to take |if)ssession of that jilace. The fol- lowing is an e.vtraet from that order; '• • I have noted with attention .Major Twigg.s' letter marked No. 5. I eonteuiplated tli;it the agents of Spain or the officers of Fort St. .Xu^iis- tine would excite the Indians to hostility and furnish them with the means. It will U- neces- •sary to ol)tain evidence .vubstantiatiii;: this liicl, ami that the hostile Imlians have U-en fid .uid furnished from the garrison of .St. Augustine. This being obtaine(l, shouhl yon dwm your fnreo sulllcient. you will pnK-eed to take and gariison with American troops. Fort St. Augustine, and h(dd the garri.son prisoners until you hear from the President of tho United States, or transport them to Cuba, as in your judgment under exist- ing eircum.stances you may think Ijest.' " An order had .some time l)efore been given to the oHlcer of ordnance at Charleston, to hiive in readiness n battery train, and to him (lenerai (Jaines was referred. " The order to take St. Augustine has often been adduced as evidence of (jeneral .lackson's determination to do as he pleased, without re- gard to the orders or wishes of his governtui nt. Though justifiable on the ground of self-defence, it would never have been issue|iari! and rc|H)rt on the necessary defirnvs as far n« the military roconnoissanccs ho has taken will permit, aeconipained with plans of existu)(; works; what additions or iinproveinents are ner'es.sary. and what new works .should, in his opinion, he erected to I'lrr jwniKtiieiit nvcuvilij to thiit inijxtrtitut tcrrilurial aihlition to ouv repuliiic. As soon as the re|)ort is pre|>ared. Captain (iadsdeii will leeeive orders to repair to Washinjiton City with some other docnnients which 1 may wish to confide to liis charfje.' " This plan was completed and forwarded to Mr. Calhoun on the Ittth of the sncnrdin^ Au- gust, hy Captain tiadsden himself, with a letter fiwn (Sen, »n, t»i„'iiip; the necessity not only of letnininjr [msse.ssion of St. Marks, hut Pensttcola. The followin;; is a part of that let- tor: ••'Captain Ga|K>rt made in pinsinincc of niv order, accomjia- nied with the jilans of the fortffications lhou'_'ht necessary for the defence of the I'Mnridjis. in con- nection with the line of defence on our Southern frontier. '• • This was done under the Ixlief that the jrovernment will never jeopiirdi.'.e the safety of the Cnion. or the security of our frontier, l>y sur- renderiufr those iK)sts, and the |M)ssession of the Kloridas, unless M|K)n a sure )>;iiar;tntv ajrreeiihle to the stipulations of the articles ol ca|iitulution. that will insure |)ermanent |H'ace, trmnpiillity and security to our Southern frontier. It is lielieved that Spain can never furnish this guaranty. As \w\'^ as there are Indians in Florida, and it is jR)>s('ssed liy Spain, they will he e.vcited to war, and the uidiscriminate nnirder of our citizens, hy foreifin ajients conihined with the olhcirs of Spain. The duplicity and conduct of Spain for the last six years fully prove this. It was on a belief that the Fioridas woidd he hel.'. 'liat my order was fjivcn to Captain tiacLsden to make the rejiort he has done.' " Apain : 'By Captain (iadsden you will re- ceive .some letters lately inclosed to me, detailing the information that the Spaiiianls at Fort St. Augustine are again exciting the Indians to war against us, and a copy of my order to (Semral (iaines on this .subject. It is what 1 expected, and proves the justice and sound policy of not only holding the posts we are now in |io.ssession of. but of possessing our.selves of St. Augustine. This, and this alone cati give us peace and st u- rity on "our Southern frontier.'" "It i.s thus clearly shown that in taking jnis- scssion of St. Marks and Fensacoliv and giving orders U take St. Augustine, I was acting vnthin the letter as well as spirit of my orders, and in ftcconlancc with the secret understanding be- tween the government anil myself, and imder a full |H'rsnasion that tl.ese fortivsseH wouhl never again he iH-rmilled by our government to pasii luidcr the dominion of Spain. From the time of writing my confidential letter of the (1th of Jan- uary to the date of this disjiatch, the Ktth of August, IHIH, I niver liad an intimation that the wishes of the g«»verinnent had changed, or that less was ex|KTte(l of me, if the occasion should [irove favorable, than the occupation of the whole of Florida. On the contrary, either by their direct approval of my meastires, or tlieir silence, the President and Mr. Calhoun pave me reason to sn|)posc that I wa.>« to Ik! sustainiHl, and that the Fioridas after being occupied were to be held for the benefit of tlie I'nitetl States. I'pon re- ceiving my orders on the 1 1th of January, I took instant measures to liring into the field a siilli- cient force to accomplish all the objects .suggestei I in my confidential letter of the (itii, of which ( informed the War Department, anrobated, and a confident hope is entertained thai. ;i sjH'edy and successful termination of the Indian war will follow your exertions.' "Having received further details of my |)re- paralions, not only tn terminate the Seminolo war, but, as thi' {'resident and liis Secretary will knew, to orciijiy riiiridu also. .Mr. Calhoun on the (ith February, writes as follows: — "'I have the lionor toacknowk-ilge the receipt of your letter of the 2iith idt.. and to acipiaiut vou with the entire approbation of the President of all the measures you have adopted to termi- nate the rupture with the Indians.' "On the liithof May following, with a full knowledge that I intended if a favorable (M-ca.Mon presented itself to occupy Florida, and that the ilesign had the approbation of the President. .Mr. Calhoun wrote to ( lovernor Hibb, of Alabama, the letteralivady alluded to. concluding asfoHows: — ""(Jeueral Jackson is vestelII)ENT. 173 •'In fliip, from the nrr-ipt of Ou' Pnxiilciit'H wbw (loxirnlik' to «lo ho, wliirli intinintion Wiut ri'|ily to my contldontinl lot tor of (Uh Joiuiiiry, | niven ; thnt tlioy linrl ^'ivon mo orcl«i'^ Jinmd ISIS tliroiigh Mr. Hhoa, until tho rccoipt of the onoiiKh to itnnrtion all tlint wur (lon< Prt'HHlcnt'M private private lottcr, (luted I'.Uh July is 18, I retx-ived no instruotionn or iiitimntionH fioni the government public or private that my o|K'rntionH in Florida wore other than Hueh as the President and Secretary of War exported and Hpprovossossion of Florida, thoy would in pursuanre of their that Mr. Calhoun hawer to oonduot thu war as he (I) might think host ;' that thoy had expressly approvetl of all my pnparations and in silonre witnessed all my oin'ralioiis. I nder thes«' eircumstanceH it was imiK)SHihlo ft)r me to iK'lieve, whotever change might have taken pliMo in their views of pu)>li^' policy, that oillu r the President or Mr. Calhoun «'i, IxMiring all the res|)Oiisil)ility my.self : hut I \ ton to >ettle his accounts, and resign his stall ap- cx|nrted my govornment would find in their | |ioiii(mont in the army, lie was the fellow-cili- clainis u|>on Spain, and the danger to which our frontier would again lie ex|H)Sf(l, sulllciont rea- sons for not again delivering them into the pos- .session of S|iain. It was late in August hofore I received nfTlcial xen and friend of Mr. Calhoun, and hold constant jR'isonal interviews with him for some woiks in settling his acc«>unts. On the 'J4th Septeinlsr hu addrossi*(H)unts entin-ly to ' •* .satisfuc infornnition of the division of the government to tion, and in relation to puhlic utlairs uniong olhei restore the iK)st.M, and alM)iit the same time I saw things ri'marks: — it stated in the (ieorgia Jouiiml that the caliinet ' "'The course the administration has thonuhl had hion divided in relation to the course pur- [ prop«T to adopt is to me iuf.rpliaihlr. 'riii-y sued hy me in Florida; and also an extract of a irtoin Si. Markn. and in the same liroath ;,'ir« loiter in a Nashville |ia|H'r, alleging that a move mont had l>oeii mado in the cahinvt against me which was attrihutod to Mr. Crawford, in wliich extract it is expressly stated that 1 hod been triumphantly vindicated hy Mr. CnUinun anlicy, by the laws of nations, by the state of things to which 1 have referred, mid by the instriictionN, intimations, and aci|uioscen<-e of the gf)vernment. and lielieviiig that the latier hwl bi-en communicated to all the memliers of the cabinet, I considered that such a movement by Mr. (Vawford was founded on considerations foreign to the public intort-sts, and por.sonally inimical to me; and ihorofore, after the -e pub- lic and explicit intimations of what had occurred m the cabinet, I was prepared to. and did believe that Mr. Crawford was bont on my de>truction, and was the author of the movomont in the cal>- inet to which they referred. 1 the more readily entertained this belief in i-> lation to him (in which 1 am rejoiced to avail mysoU'of ihU public occasi(m to say 1 did him injustice) la'caiise it up Poiisacola. Who can coiiiprohonil this / 'I'll* American nation |Misse.s.sos discornuiont, and will judge for thom-iolves. Indeed, sir, I four thai Mr. Monroe ha- on the present iM-casion yielded to the opinion of those alsiiil him. 1 cannot lie- lieve that it is the result of his own honest con- viction-;. Ml , Calhoun certainly think ■. with you altog* her, although after tho decision ol th( cabinet, he must of r-onrso noinmully support wliiil has lieeii done.' And i. iinoiher loiter, dated '2I.st danuary. ISlI'. he sa_\ '.since 1 last saw you I have travelled through West and F.ast Tenn'eswe, through Kentucky, thnnigh (Hiii>, through tin- western and eastern put of Pen - sylvania. and the wli"le of N'irginiii 'lave In . n nnicli in Italtimore and riiladolpL ,i. and th« united voii ■ of the |s'opl« . if those States and towns (and I have taken gnat pains to inroini myself) approve (»f yoi roondiict in every rcs|Hct. And the |KH)ple of tho L iiiled .States at large en- tertain precisely the same opji mn with the |ieo- plo of those States. So does tho aduiinistiation, to wit: .Mr Monroe. Mr. CiiUkhiii. ami Mr. .\danis. Mr. Monroe is yowr Jrifiid. lie has was impossible that I should suspect that any i'lenlificil you with IJiuseif. After the mo.si mi|. proposition to punish or cvnsniv me could comu 1 tuiv reflection and dei 'n'lation n|Min all o' your from either the I'resident or Mr. Calhoun, as 1 o|)eralion.s, he has covi red your conijuit. lint I well knew that I had expres.setl to the Presi- am candid to ••onfess that ho did not adopt this (Tent my opinion that Florida ought to be | line of conihict (in my mind) as sihiu as hoought taken, and had otlered to take it if ho would I to have done. Mr. Adams has done honor t« give mc uu intimation through Mr. Uheu that it j his country and himself.' M M' IMAGE EVALUATION TfeST TARGET (MT-3) 1.0 I.I 11.25 ^ IAS 12.0 ~ I- Wuu U 11.6 Photographic Sciences Corporation &^ fe // ^ **% i< &, ^ % <^ ^\ •S^ :\ \ ^ \ ^^ ^^^ ^.v^ 23 WEST MAIN STREET WEBSTER, N.Y. MS80 (716) 872-4503 .^^ ^o % 1 3 n' 174 THIRTY YEARS' VIEW. I.J /.-i I '• Colonel Ilayne is a man of honor, and did not intend to deceive ; I had no donbt, and have none now. that he derived his impressions from conversations with Mr. Oalhoun himself; nor have 1 any doubt that Mi*. Calhoun purposely conveyed those impressions that they mi{;;ht be communicated to me. Without other evidence than this letter, how could I have understood Mr. ('alhotm otherwise than as approving my whole conduct, and as having defended me in the cabinet? IIow could I have understood any seeming dissent in his official communications otherwise than as arising from his obligation to give a 'nominal support' to the decision of the cabinet which in reality he disapproved ? " The reply to my confidential letter, the ap- proval of my preparations, the silence of Mr. Calhoun during the campaign, the enmity of Mr. Crawford, the language of the newspapers, the letters of Colonel Hayne. and other letters of similar import from other gentlemen who were on familiar terms with the Secretary of War, left no doubt on my mind that Mr. Calhoun approved of my conduct in the Seminole war ' altogether ; ' had defended mo against an attack of Mr. Crawford in the cabinet, and was, through- out the struggle in Congress so deeply involving my character and fame, my devoted and zealous frienfl. This impression was confirmed by the personal kindness of Mr. Calhoun towards me, during my visit to this city, pending the proceed- ings of Congress relutivc to the Seminole war, and on every after occasion. Nor was such con- duct confined to me alone, for however incon- sistent with his proposition in the cabinet, that I should ■ be punished in some form,' or in the language of ^Ir. Adams, as to what passed there ' that General -Jack.son should be brought to trial,' in several conversations with Colonel Rich- ard M. Johnson, while he was preparing the counter report of the Military Committee of the IIoiiso of Representatives, Mr. Calhoun always spoke of me with respect and kindness, a7id ap- proved of my course. "So strong was my faith in Mr. Calhoun's fricnd.^aip that the appointment of Mr. Lacock, shortly after he had made his report upon the Se- minole war in the Senate, to an important office, although inexplicable to me, did not shake it. " 1 was informed by Mr. Rankin (member of the House of Representatives from Mississippi), and others in 1823 and 1824, once in the presence of Colonel Thomas II. Williams (of Mississippi) of the Senate, that I had blamed Mr. Crawford unjustly and that Mr. Calhoun was the instigator of the attacks made upon me : yet in consequence of the facts and circumstances already recapitu- lated tending to prove Mr. Calhoun's approval of my course, I could not give the assertion the least credit. "Again in 1825 Mr, Cobb told mo that I blamed Mr. Crawford wrongfully, both for the attempt to injure me in the cabinet, and for hav- ing an agency in framing the res'^lutions which ho (Mr. Cobb) offered in Congress censuring my conduct in the Seminole war. He stated on the contrary that Mr. Crawford was opposed to those resolutions and always asscrtct' that ' General Jackson had a sufficient i/tfonce whenever he chose to make it, and that the at- tempt to censure him would do him good, and recoil upon its authors ;' yet it was impossible for me to believe that Mr. Calhoun had been my enemy; on the contrary I did not doubt that he had been my devoted friend, not only through all those difficulties, but in the contest for the Presidency which ended in the election of Mr. Adams. " In the Spring of 1828 the impression of Mr. Calhoun's rectitude and fidelity towards mo was confirmed by an incident which occurred during the progress of an effort to reconcile all misunderstanding between liim and Mr. Craw- ford and myself. Colonel James A. Hamilton of New- York inquired of Jlr. Calhoun himself, at Washington, 'whether at any meeting of Jlr. Monroe's cabinet the propriety of arresting Gen- eral Jackson for any thing done during the Sem- inole war had been at any time discussed ? ' Mr. Calhoun replied, ' Never : such a measure was not thought of, much less discussed. The only point belbre the cabinet was the answer to be given to the Spanish government.' In conse- quence of this conver.sanon Colonel Hamilton wrote to Major Lewis, a member of the Nashville committee, tliat 'the Vice-President, who you know was the member of the cabinet best ac- quainted with the subject, told mo General Jack- son's arrest was never thought of, much less discussed.' Information of this statement re- newed and strengthened the impression relative to the friendship of !Mr. Calhoun, which I had entertained from the time of the Seminole war. " In a, private letter to Mr. Calhoun dated 25th May, 1828, written after tlie conversation with Colonel Hamilton had been communicated to me, I say in relation to the Seminole war : '"I can have no wish at this day to obta'n an ex- planation of the orders under which I acted wliilst charged with the campaign against the Seminole Indians in Florida. I viewed them when received as plain and explicit, and called for by the situation of the country. I executed them faithful!}-, and was happy in reply to my reports to the Depart- ment of VVar to receive your approbation for it. ' "Again: 'The fact is, I never had the least ground to believe (previous to the rcci'iilion of Mr. Monroe's letter of 19th July, 1818) that any difference of opinion between the goveinineut and nij-self existed on the subject of my poweis. So far from this, to the communications which I made showing the construction which I placed upon them, there was not only no diflerence of opinion indicated in the replies of the Executive, but as far as I received replies, an entire ajiiiroval of the measures which 1 had adopted. ' " This was addressed directly from me to Mr. Calhoun, in May, 1828. In his reply Mr. Cal- houn does not inform me that I was in enor. He docs not tell me that he disapproved my con ANNO 1830. ANDREW JACKSON, PRESIDENT. 173 iAIr. to Mr. Cal- onor ycon duct, and thought I ought to liave been punished for a violation of orders. He does not inform me that he or any other had proposed in the cabinet council a court of inquiry, or any other court. He says nothing inconsistent with the impression already made upon my mind — noth- ing which might not have been expected from one who had been obliged to give a ' nominal sup- port ' to a decision which he disapproved. His reply, dated 10th July, 1828, is in these words : " ' Any discussion of them' (the orders) ' now, I agree witii you, would be unnecessary. They are matters of history, and must be left to the historian as they stand. In fact I never did sup- pose that the justification of yourself or the gov- ernment depended on a critical construction of tlani. It is sufficient for both that they were honestly issued, and honestly executed, without involving the question whether they were execu- ted strictly in accordance with the intention that they were issued. Honest and patriotic motives are all that can be required, and I never doubted that they existed on both sides. ' " It was certainly impossible for me to conceive that Mr. Calhoun had urged in cabinet council a court of inquiry with a view to my ultimate punishment for violation of orders which he ad- mitted were '■honestly e.tro made, was ever siihtnitted to the eabinet. He Is asked " whether at any meeting of Mr. Monroe's cabinet tho proiiriety of arresting General .laekson for any tliinj; done du- rinj; the Seminole war had been at any time i.iseiissed." llo reiilles " Never ; sneli a iiieasuie was not tlionglit of, much lesi discussed : tlieonly point be/ore the cabinet wa» the angwet 1 m m ^PW51 176 THIRTY YEAT^S' VIEW. IW ■■ vi i*'^ 1 n 1 : " Tliat Mr. Calhoun, with his knowledge of fnofs and circumstances, should have dared to make such a proposition, can only be accounted Ibi' from the sacredly confidential character which he attaches to the proceedings of a cabinet council. His views of this subject arc strongly ! cxpressocl in his printed correspondence, page I. 5. j ' I am not at all surprised,' says lie, ' that Mr. Crawford should feel that he stands in need of nil apology for betraying the deliberations of the ' cabinet. It is, I believe, not only the first in- stance in our country, bi' one of a very few , instances in any country, oi an}' age, that an in- j dividual has felt himself absolved from the high obligation-^ which honor and duty impose on one I situated as he was.' It was under this veil. ' which he SMpiio^ed to be forever impenetr.able, \ that Mr. ('.ilimiii came forward and denounced | those UK. ics which he knew were not only j impliedly, bat positively authorized b}' the I'resi- deiit himself. He proposed to take preparatory steps for the punishment of General Jack.son, who.se 'honest and patriotic motives he never doubted.'' for the violation of orders which he admits were ' honestly executed.'' That he ex- to he given to the Spanish government." By tlio la.st branch of tlio answer the denial ismndo to embrace the whole subject In any form It might have n.isnmeil, and tliereforo deprives Mr. Ciiilioun of ftii grounds of cavil or C!..i...^. 180 THIRTY YEARS' VIEW. ,i ii *h with them. It is certain that for the Vice- Presidency ho continued to secure nearly all the Adams votes, most of the Jackson votes, and even half of the Clay votes in Kentucky. But never did the friends of CJeneral Jackson douht his devotion to their cause in 'hat con- test, until the puhlication of his correspondence with General Jackson. Tn a note, page 7, he undeceives them hy saying : " ' When my name was withdrawn from the list of presidential candidates, T assumed a per- fectly neutral position between General Jack- son and Mr. Adams. I was decidedly opposed to a congressional caucus, as both those gentle- men were also, and as I bore very fricndlj' per- sonal and political relations to both, I would have been well satisfied with the election of either.' " I have now given a faithful detail of the cir- cumstances and facts which transpired touching my movements in Florida, during the Seminole campaign. "When Mr. Calhoun was secretly misinter- preting my views and conduct through Mr. Speer to the citizens of South Carolina, I had extended to him my fullest conl lence, inas- much as I consulted him as if he were one of my cabinot, showed him the written rules by which my administration was to be gov- erned, which he apparently approved, received from him the strongest professions of friend- ship, so much so that I would have scorned even a suggestion that he was capable of such unworthy conduct. « ANDREW JACKSON." Such is the paper which General Jackson left behind him for publication, and which is so essential to the understanding of the events of the time. From the rupture between General Jackson and Mr. Calhoun (beginning to open in 1830, and breaking out in 1831), dates ca- lamitous events to this country, upon which history cannot shut her eyes, and which would be a barren relation without the revelation of their cause. Justice to Mr. Monroe (who seemed to hesitate in the cabinet about the proposition to censure or punish Gen. Jackson), requires it to be distinctly brought out that he had either never read, or had entirely forgotten General Ja<;kson's confidential letter, to be answered through the venerable representative from Ten- nessee (Mr. John Rhea), and the production of which in the cabinet had such a decided influ- ence on Mr. Calhoun's proposition — and against it. This is well told in the letter of Mr. Craw- ford to Mr. Forsyth— is enforced in the " Expo- sition," and referred to in the " correspondence," but deserves to be reproduced in Mr. Crawford's own words. lie says : " Indeed, my own views on the subject had undergone a material change after the cabinet had been convened. Mr. Calhoun made some allusion to a letter the General had written to the President, who had forgotten that he had received such a letter, but said if he had received such an one, he could find it ; and went directly to his cabinet and brought the letter out. In it General Jackson approved of the determination of the government to break up Amelia Island and Galveston ; and gave it also as his opinion that the Floridas should be taken by the United States. He added it might be a delicate matter for the Executive to decide ; but if the President approved of it, he had only to give a hint to some confidential member of Con- gress, say Mr. Johnny Ray (Rhea), and he would do it, and take the responsibility of it on him- self. I asked the President if the letter had been answered. He replied, No ; for that he had no recollection of having received it. I then said that I had no doubt that General Jack- son, in taking Pcnsacola, believed he was doing what the Executive wished. After that letter was produced unanswered I should have opposed the infliction of punishment upon the General, who had considered the silence of the President as a tacit consent. Yet it was after this letter was produced and read that Mr. Calhoun made his proposition to the cabinet for punishing the General. ^ You may show this letter to Mr. Cal- houn, if you please." It was shown to him by General Jackson, as shown in the " correspond- ence," and in the "Exposition;" and is only re- produced here for the sake of doing justice to Mr. Monroe. CHAPTER LIV. BREAKING UP OF THE CABINET, AND APPOINT MENT OF ANOTIIEE. The publication of Mr. Calhoun's pamphlet wai» quickly followed by an event which seemed to be its natural consequence — that of a breaking up, and reconstructing the President's cabinet. Several of its members classed as the politicai friends of Mr. Calhoun, and could hardly expec'* to remain as ministers to General Jackson while adhering to that gentleman. The Secre" ANNO 1831. ANDREW JACKSON, PRESIDENT. 181 tary of Slate, Mr. Van Bun^n, was in the cate- gory of future presidential aspirants; and in that character obnoxious to Mr. Calhoun, and became the cause of attacks upon the Presi- dent. Ho determined to resign ; and that de- termination curried with it the voluntary, or obligatory resignutiona of all the others — each one of whom published his reasons for his act Mr. Eaton, Secretary at War, placed his upon the ground of original disinclination to take the place, and a design to quit it at the first suita- ble moment — which he believed had now arriv- ed. Mr. Ingham, Secretary of the Treasury, Mr. Branch, of the Navy, and Jlr. Berrien, At- torney General, placed theirs upon tiie ground of compliance with the President's wishes. Of tlie three latter, the two first classed as the friends of Mr. Calhoun ; the Attorney General, on this occasion, was considered as favoring him, but not of his political party. The unplea- sant business was courteously conducted — transacted in writing as well as in personal conversations, and all in terms of the utmost lecorum. Far from attempting to find an ex- cuse for his conduct in the imputed misconduct »f the retiring Secretaries, the President gave them letters of respect, in which he bore testi- mony to their acceptable deportment while associated with him, and placed the required resignations exclusively on the ground of a de- termination to reorganize his cabinet. And, in fact, that determination became unavoidable after the appearance of Mr. Calhoun's pam- phlet. After that Mr. Van Buren could not re- main, as being viewed under the aspect of '■ Mordecai, the Jew, sitting at the king's gate." Mr. Eaton, as his supporter, found a reason to do what he wished, in following his example. The supporters of Mr. Calhoun, howsoever imex- ceptionable their conduct had been, and might be, could neither expect, nor desire, to remain among the President's confidential advisers after the broad rupture with that gentleman. Mr. Barry, Postmaster General, and the first of that oflSce who had been caMcC to the cabmet councils, and classing as friendly to Mr. Van Buren, did not resign, but soon had his place vacated by the appointment of min- ister to Spain. Mr. Van Buren's resignation was soon followed by the appointment of min- ister to London; and Mr. Eaton was made Governor of Florida ; and, on the early death of Mr. Barry, became his successor at Ma« drid. The new cabinet was composed of Edward Livingston of Louisiana, Secretary of State ; Louis McLane of Delaware (recalled from the London mission for that purpose). Secretary of the Treasury ; Lewis Cass of Ohio, Secretary at War ; Levi Woodbury of New Hampshire, Secretary of the Navy ; Amos Kendall of Ken- tucky, Postmaster General; Koger Brooke Taney of Maryland, Attorney (Jeneral. This change in the cabinet made a great figure in tho party politics of the day, and filled all the opi)o- sition newspaixsrs, and had many sinister rea- sons assigned for it — all to the prejudice of General Jackson, and Mr. Van Buren — to which neither of them replied, though having tlie easy means of vindication in their hands — the former in the then prepared " Exposition '- which is now first given to the public — the lat- ter in the testimony of General Jackson, also first published in this Thirty Years' Vikw, and in the history of the real cause of the breach between General Jackson and Mr. Calhoun, which the " Exposition " contains. Mr. Craw- ford was also sought to be injured in the pub- lished " correspondence," chiefly as the alleged divulger, and for a wicked purpose, of the pro- ceedings in Mr. Monroe's cabinet in relation to the proposed military court on General Jackson. Mr. Calhoun arraigned him as the divulger of that cabinet secret, to the faithful keeping of which, as well as of all the cabinet proceedings, every member of that council is most strictly enjoined. Mr. Crawford's answer to this ar- raignment was brief and pointed. He denied the divulgation — affirmed that the disclosure had been made immediately after the cabinet consultation, in a letter sent to Nashville, Ten- nessee, and published in a paper of that city, in which the facts were reversed — Mr. Crawford being made the mover of the court of inquiry proposition, and Mr. Calhoun the defender of the General ; and he expresed his belief that Mr. Calhoun procured that letter to be written and published, for the purpose of exciting Gen- eral Jackson against him ; (which belief the Exposition seems to confirm) — and declaring that he only spoke of the cabinet proposition after the publication of that letter, and for the purpose of contradicting it, and telling the fact, that Mr. Calhoun made the proposition for thd 182 THIRTY YEARS' VIEW. I! W '. ' ' i court, and that Mr. Adams and himself resisted, and defeated it. His words were : " My apol- ogy for having disclosed what passed in a cabi- net meeting, is this : In the summer after that meeting, an extract of a leltei from Washing- ton was published in a Nashville paper, in which it was stated that I had proposed to arrest General Jackson, but that he was triumphantly defended by Mr. Calhoun and Mr. Adams. This letter I have always believed was written by Mr. Calhoun, or by his direction. It had the desired effect. General Jackson became extremely inimical to me, and friendly to Mr. Calhoun. In stating the arguments of Mr. Adams to induce Mr. Monroe to support Gen- eral .Jackson's conduct throughout, adverting to Mr. Monroe's apparent admission, that if a young officer had acted so, he might be safely punished, Mr. Adams said — that if General Jackson had acted so, that if he had been a subaltern officer, ahooting was too good for him. This, however, was said with a view of driving Mr. Monroe to an unlimited support of what General Jackson had done, and not with an unfriendly view to the General. JMr. Cal- houn's proposition in the cabinet was, that General Jackson should be punished in some form, I am not positive which. As Mr. Cal- houn did not propose to arrest General Jack- son, I feel confident that I could not have made use of that word in my relation to you of the circumstances which transpired in the cabinet." This was in the letter to Mr. Forsyth, of April 30th, 1830, and which was shown to General Jackson, and by him communicated to Mr. Cal- houn; and which was the second thing that brought him to suspect Mr. Calhoun, having repulsed all previous intimations of his hostility to the General, or been quieted by Mr. Cal- houn's answers. The Nashville letter is strong- ly presented in the " Exposition " as having come from Mr. Calhoun, as believed by Mr. Crawford. Upon the publication of the "correspond- ence," the Telegraph, formerly the Jackson organ, changed its course, as had been revealed to Mr. Duncanson — came out for Mr. Calhoun, and against General Jackson and Mr. Van Bu- ren, followed by all the affiliated presses which awaited its lead. The Globe took the stand for which it was established ; and became the faithful, fearless, incorruptible, and powerful supporter of General Jackson and his adminia* tration, in the long, vthcmeiit, and eventful contests in which he became engaged. CHAPTER LV. MILITARY ACADEMY. The small military establishment of the United States seemed to be almost in a state of dissolu- tion about this time, from the frequency of de- sertion ; and the wisdom of Congress was taxed to find a remedy for the evil. It could devise no other than an increase of pay to the rank and file and non-commissioned officers ; which upon trial, was found to answer but little pur- pose. In an army of COCO the desertions wen 1450 in the year; and increasing. Mr. Slacon from his home in North Carolina, having his attention directed to the subject by the debates in Congress, wrote me a letter, in which he laiJ his fin .er upon the true cause of these deser tions, and consequently showed what should b« the true remedy. He wrote thus : "Why docs the army, of late years, descr' more than formerly ? Because the officers have been brought up at West Point, and not amonj; the people. Soldiers desert because not attach- ed to the service, or not attached to the oflicers. West Point cadets prevent the promotion of good sergeants, and men cannot like a service which denies them promotion, nor like oflicers who get all the commissions. The increase of pay will not cure the evil, and nothing but pro- motion will. In the Revolutionar)' anny, we had many distinguished officers, who entered the army as privates. " This is wisdom, and besides carr}'ing convic- tion for the truth of all it says, it leads to re- flections upon the nature and effects of our na- tional military school, which extend be3-ond the evil which was the cause of writing it. Since the act of 1812, which placed this institution upon its present footing, giving its students a legal right to appointment (as constructed and practised), it may be assumed that there is not a government in Europe, and has been none since the commencement of the French revolu- tion (when the nobles had pretty nearly a mo- nopoly of army appointments), so unfriendly to the rights of the people, and giving such un* ANNO 1831. ANDREW JACKSON, riUlSIDENT. 183 due advantai^-H to Bonic parts of ti.o cuiiunu nity over tho rest. Dflicers can now rise from the ranl'8 in all tho countiicH of EurojH) — in Austria, IlusHJa, PruHHiu, an well aa in (iiviit Britain, ot whicli there are constant and illus- trious examples. Twenty-three marKhuls of tho cmpin rose from the ranks — amonjf (hem Ney, Mass >na, Oudinot, Murat, Soult, Berna- dottc. In Great Britain, notwithstanding her Royal Military Colley;e, the largest part of the commissions arc now given to citizens in civil life, and to non-commissioned ofiicers. A re- turn lately made to parliament shows that in eighteen years — from 1830 to 1847 — the number of citizens who received commissions, was 1,200 ; the number of non-commissioned officers pro- moted, was 440 ; and the number of cadets ap- pointed from tho lloyal Military College was 473. These citizen appointments were exclusive of those who purchased commissions — another mode for citizens to get into tho British army, and which largely increases the number in that class of appointments — sales of commissions, with the approbation of the government, being there valid. But exclusive cf purchased commis- sions during the same period of eighteen years, the number of citizens appointed, and of non- commissioned officers promoted, were, together, nearly four times the number of government cadets appointed. Now, how has it been in our sei \ ice during any equal number of years, or all (he years, since the Military Academy got into full operation under the act of 1812 ? I confine the inquiry to the period subsequent to tho war of 1812, for during that war there were field and general officers in service who came from civil life, and who procured the promotion of many meritorious non-commissioned officers ; the act flot having at first been construed to exclude them. IIow many ? Few or none, of citizens ap- pointed, or non-commisioncd officers promoted —only in new or temporary corps — the others being held to belong to the government cadets. I will mention two instances coming within my own knowledge, to illustrate the difficulty of obtaining a commission for a citizen in the regular regiments — one the case of the late Capt. Hermann Thorn, son of Col. Thorn, of New- York. The young man had applied for the place of cadet at West Point ; «nd not being able to obtain it, and having a strong military turn, he sought service in Europe, and found it in Aus- tria; and was admitted tjito a hussar regiment on tho confines of Turkey, without commission, but with the pay, clothing, and ration of a cor' poral ; with tho privilege of assoclnclng with officers, and a right to expect a commission if he proved himself worthy. These are the exact terms, substituting sergeant for corporal, on which cadets were received into the army, and attached to companies, in Washington's time. Young Thorn proved himself to 1x3 worthy ; re- ceived tl commission; rose in five years to the rank of first lieutenant; wlien, tho war breaking out between the United iStates and Mexico, he asked leave to resign, was permitted to do so, and came home to ask service in the regular ar- my of tho United States. His application was made through Senator Cass and others, he only asking for tho lowest place in the gradation of officers, so as not to interfere with the right of promotion in any one. The application was re- fused on the ground of illegality, he not having graduated at West Point. Afterwards I took up the caisc of tho young man, got President Polk to nominate him, sustained the nomination be- fore the Senate ; and thus got a start for a young officer who soon advanced himself, receiving two brevets for gallant conduct and several wounds in the great battles of Mexico ; and was after- wards drowned, conducting a detachment to California, in crossing his men over the great Colorado of the West. Thus Thorn was with difficulty saved. Tho other case was that of the famous Kit Carson also nominated by President Polk. I was not present to argue his case when he was rejected, and might have done no good if I had been, the place being held to belong to a cadet that was waiting for it. Carson was rejected because he did not come through the West Point gate. Be- ing a patriotic man, he has sirce led many ex- peditions of liis countrymen, and acted as guide to the United States officers, in New Mexico, where he lives. He was a guide to the detach- ment that undertook to rescue the unfortunate Mrs. White, whose fate excited so much com- miseration at the time ; and I have the evidence that if he had been commander, the rescue would have been efTectcd, and the unhappy woman saved from massacre. This rule of appointment (the graduates of the academy to take all) may now be considered the law of the land, so settled by construction mttim i>tii-i iMIh iJ'' 184 THMtTV YI'ARS' VIKW. .!^ •:! •rid sonatnrinl nc(iuii'srciic(> ; nnd conscr|iiciitIy that no Aincriciin citizen is to vuk'V tlio n ^Milar anny cxcc'iit tlirouftli tlie pitc of the United States Military Academy ; and fiw can renrli that gate excejit thifMifrh the \vei}.'ht of a family eonnoction, a political inthience, or tho iuBtrn- mentality of a friend at conrt. Genius in oh- >!curity lias no chance ; ami the whole tendency of tho institution is to make a povernmental, nnd not a national arnn-. Ajtpointed cadet, l»y the Prisident, nominated officer hy him, proniote ri^ht oil' to hcIidoI, iitid get four years' educution at tlio public oxpenso. whether they Imve any tnxte for military life, or not. That is the llrat large deception under the act: others follow, until it is all deception. Another clauHO says, the cadet Hlmll " sign arti- cles, with the consent of his parent or guardian, to serve five years, unless sooner discharged." This is deceptive, suggesting a service which lias no existence, and taking a bond for what is not (o be performed. It is the langmigc of a sol- dier's enlistment, where there is no enlistment ; and was a fiction invented to const itutionalize the act. The language makes the cadet an en- listed soldier, bound to servo the United States the usual soldier's term, when this paper sol- dier — this apparent private in the ranks — is in reality a gentleman stmlent, with the emolu- ments of an offlccr, obtaining education at pub- lic expense, instead of carrying a musket in the ranks. The whole clause is an illusion, to use no stronger term, and put in for a purpose which the legislative history of the day well explains ; and that was, to make the act consti- tutional on its face, and enable it to get through the forms, and become a law. There were mem- bers who denied the constitutional right of Congress to establish this national eleemosy- nary university ; and others who doubted the policy and expediency of officering the army in this manner. To get over these objections, the selection of the students took the form, in the statute, of a soldier's enlistment ; and in ftict they sign articles of enlistment, like recruits, but only to appease the constitution and satisfy Bcniples ; and I have myself, in the early pe- riods of my service in the Senate, seen the ori- ginal articles brought into secret session and exhibited, to prove that the student was an enlisted soldier, and not a student, and there- fore constitutionally in service. The term of five years being found to be no term of service at all, as the student might quit the service within a year after his education, which many of them did, it was extended to eight ; but still without effect, except in procuring a few years of unwilling service from those who mean to quit ; as the greater part do. I was told by an officer in the time of the Mexican war that, of thirty-six cadets who had graduated and been commissioned at the same time with himself, there wcrt> only about half a dozen tlun in ner- vice ; so that this great national eslnlilishnient in mainly a school for the gratuitous education r)f those who have influence to get their. The act provides that these students are to be in- structed in the lower as well as the higher branches of the military art ; they arc to be " trained and taught all the duties incident to a regular camp." Now, all this training and teaching, and regular camp duty, was done in Washington's time in the regular camp itself, and alK>ut as much better done us substance is better than form, and reality better than imita- tion, with the advantage of training each officer to the particular arm of the service to which ho was to belong, and in which ho would be ex- pected to excel. Gratuitous instruction to the children of the living is a vicious principle, which has no foun- dation in reason or precedent. Such instnic- tion, to the children of those who have died for their country, is as old as the first ages of the Grecian republics, as we learn from the oration which Thucydides puts into the mouth of Pericles at the funeral of the first slain of the Peloponnesian war : and as modern as the present British Military Royal Academy ; which, although royal, makes the sons of the living nobility and gentry pay ; and only gives gratu- itous instruction and support to the sons of those who have died in the public service. And so, I believe, of other European militarj' schools. These arc vital objections to the institution ; but they do not include the high practical evil which the wisdom of Mr. Macon discerned, and with which this chapter opened — namely, a mo- nopoly of the appointments. That is effected in the fourth section, not openly and in direct terms (for that would have rendered the act un- constitutional on its face), but by the use of words which admit the construction and the practice, and therefore make the law, which now is, the legal right of the cadet to receive a com mission who has received the academical diplo ma for going through all the classes. This gives to these cadets a monopoly of the offices, to the exclusion of citizens and non-commissioned offi- cers ; and it deprives the Senate of its constitu- tional share in making these appointments. By a " regulation," the academic professors arc to recommend at each annual examination, fivo cadetb in each class, on account of their particu ' I J E ^ ^ I ^P g£^ ■*,•»•- 186 Tiiir.TY yi:aiw vikw. lar merit, whom the Prcsidi'iit is to attach to compjjinies. This expunges tlic Senate, opens the door to that fiivorit'sm which natural pa- rents find it hard to repress among their own children, and which is proverbial among teach- ers. By the constitution, and for a great pub- lic purpose, and not us a privilege of the body, the Senate is to have an advising and consenting power over the army appointments : by practice and construction it is not the President and Sen- ate, but the President and the academy who appoint the ofllcers. The President sends the student to the academy : the academy gives a dij'loma, and that gives him a right to the com- mission — tho Senate's consent being an obliga- tory form. The President and the academy lire the real appointing power, and the Senate iiotliing but an oflice for the registration of their appointments. And thus the Senate, by con- struction of a statute and its own acquiescence, has ceased to have control over these appoint- ments: and the whole body of army oflicers is fast becoming the mere creation of Ihe Presi- dent and of the military academy. The effect of this mode of appointment will be to create a governmental, instead of a national army ; and tlio etl'ect of this exclusion of non-comniissioued oMicers and privates from promotion, will be to degrade the regular soldier into a mercenary, serving for pay without affection for a country which dishonors him. Hence the desertions and the correlative evil of diminished enlistments on the part of native-born Americans. Courts of law have invented many fictions to ricilitate trials, but none to give jurisdiction. 'J'he jurisdiction must rest upon fact, and so should the constitutionality of an act of Con- gress ; but thi3 act of 1812 rests its constitu- tionality upon fictions. It is a fiction to sup- pose that the cadet is an enlisted soldier — a fiction to suppose that he is attached to a com- pany and thence transferred, in the " discretion " of the President, to the academy — a fiction to suppose that he is constitutionally appointed in the army by the President and Senate. The very title of the act is fictitiou ■, giving not the least hint, not even in the convenient formula of " other purposes " of the great school it was about to create. It is entitled, "An act making further pro- vision for the corps of engineers ; " when five out of the six sections which it contains goto make further provision for two luuulrcd and flfi ty students at a national military and civil uni-« versity. As now constituted, our academy is an imitation of the European military schools, which create governmental and not national of- ficers — which make routine ofticers, but cannot create military genius — and which block up tlie way against genius — especially barefooted ge- nius — such as this country abounds in, and which the field alone can dcvelo[)e. " My chil- dren, " — the French generals were accustomed to say to the young conscripts during the Rev- olution — " 5Iy children, there are some captains among you, and the first campaign will show who they are, and they shall have their places. " And such expressions, and the system in which they are founded, have brought out the milita- ry genius of the country in every age and na- tion, and produced such officers us the schools can never make. The adequate remedy for these evils is to re- peal the act of 1812, and remit the academy to its condition in "Washington's time and as en- larged by several acts up to 181J. Then no one would wish to become a cadet but he that had the soldier in him, and meant to stick to his profession, and work his way up from the " pay, ration, and clothing of a sergeant," to tho rank of field-officer or general. Struggles for West Point appointments would then cease, and the boys on the "Grampian Hills" would have their chance. This is the adequate reme- dy. If that repeal cannot be had, then a sub- ordinate and half-way remedy may be found in giving to citizens and non-commissioned officers a share of the commissions, equal to what they get in the British service, and restoring tho Senate to its constitutional right of rejecting as well as confirming cadet nominations. These are no new views with me. I have kept aloof from the institution. During the almost twenty years that I was at the head of the Senate's Committee on Military Affairs, and would have been appropriately a "visitor" at West Point at some of the annual examina- tions, I never accepted the function, and have never even seen the place. I have been always against the institution as now established, and have long intended to bring my views of it be- fore the country ; and now fulfil that inten* tion. BANK ANNO 1831. ANDREW JACKSON, PRFSIDENT. 187 I CHAPTER LVI. BANK OP THE UNITED STATEri.— NON-UENEWAl, OF CHAKTER. From the time of President Jackson's intima- tions ac:ains.t the rechartcr of the Bank, in the annual message of 1829, there had been a cease- less and pervading activity in behalf of the Bank in all parts of the Union, and in all forms — in the newspapers, in the halls of Congress, in State legislatures, even in much of the pe- riodical literature, in the elections, and in the conciliation of presses and individuals — all con- ducted in a way to operate most strongly upon the public mind, and to conclude the question in the forum of the people before it was brought forward in the national legislature. At the same time but little was done, or could bo done on the other side. The current was all setting one way. I determined to raise a voice against it in the Senate, and made several efforts be- fore I succeeded — the thick array of the Bank friends throwing every obstacle in my way, and even friends holding me back for the regular course, which v/as to wait until the application for the renewed charter to be presented ; and then to oppose it. I foresaw that, if this course was followed, the Bank would triumph with- out a contest — that she would wait until a majority was installed in both Houses of Con- gress — then present her application — hear a few barren speeches in opposition ; — and then gal- lop the renewed charter through. In the session of 1830, '31, 1 succeeded in creating the first op- portunity of delivering a speech against it ; it was done a little irregularly by submitting a nega- tive resolution against the renewal of the char- ter, and taking the opportunity while asking leave to introduce the resolution, to speak fully against the re-charter. My mind was fixed up- on the character of the speech which I should make — one which should avoid the beaten tracks of objection, avoid all settled points, avoid the problem of constitutionality — and take up the institution in a practical sense, as having too much power over the people and the government, — over business and politics — and too much disposed to exercise that pover to the prejudice of the freedom and equality which Bhould prevail in a republic, to be allowed to exist in our country. But I knew it was not suflicient to pull down: wc must build up also. The men of 1811 had committed a fatal error, when most wisely refusing to re-charter the in- stitution of that day, they failed to provide a substitute for its currency, and fell back upon the local banks, whose inadequacy speedily made a call for the rc-cstabli.sh»ient of a national bank. I felt that error must be avoided— that another currency of general circulation must bo provided to replace its notes ; and I saw that currency in the gold coin of the constitution, then an ideal currency in the United States, having been totally banished lor many years by the erroneous valuation adopted in the time of Cten. Hamilton, Secretary of the Treasury. I proposed to revive that currency, and brought it forward at the conclusion of my first speech (February, 1831) against the Bank, thus: " I am willing to see the charter expire, with- out providing any substitute for the present bank. I am willing to see the currency of the federal governn.ent left to the hard money mentioned and intended in the constitution ; I am willing to have a hard money government, as that of France has been since the time of ansif^nuts and vianrlals. Every species of pa- per might Ih! left to the State authorities, un recogniy.ed by the fedend government, and only touched by it for its own convenience when equivalent to gold and silver. Such a currency filled France with the precious metals, wliei* England, with her overgrown bank, was a piey to all the evils of unconvertible paper. It fur- nished money enougii for the ini|)erial govern- ment when the population of tlic empire was three times more numerous, and the expense of government twelve times greater, than the population and exj)enses of the United States ; and, when France p«jssessed no mines of gold or silver, and was destitute of the exports which command the specie of other countries. The United States possess gold mines, now yield- ing half a million per annum, with every pros- pect of equalling those of Peru. But this is not the best dependence. We have what is su- perior to mines, namely, the exports which com- mand the money of the world ; that is to say, the food which sustains life, and the raw mate- rials which sustain manufactures, (jold and silver is the best currency for a republic; it suits the men of middle property and the work- ing people best ; and if I was going to establish a working man's party, it should be on the ba- sis of hard money: — a hard money party, against a paper party." In the speech which I delivered, I quoted co- piously from British speakers — not the brilliaiU rhetoricians, but the practical, sensible, upright I -I iiMl^Wilf IHttlM'K'l utmMiiilikJ'' 188 THIRTY YEARS' VIEW. •f :•!'„ business men, to whom countries are usually in- debted for all beneficial legislation : the Sir Hen- ry Parnells, the Mr. Joseph Humes, the Mr. Edward Ellicea, the Sir William Pulteneys; and men of that class, legislating for the practical concerns of life, and merging the orator in the man of business. THE SPEECH — EXTRACTS. " Mr. Benton commenced his speech in sup- port of the application for the leave he was about to ask, with a justification of himself for bringing forward the question of renewal at this time, when the charter had still five years to run ; and bottomed his vindication chiefly on the right he possessed, and the necessity he was un- der to answer certain reports of one of the com- mittee of the Senate, made in opposition to cer- tain resolutions relative to the bank, which he had submitted to the Senate at former sessions, and which reports he had not had an opportunity of answering. He said it had been his fortune, or chance, some three years ago, to submit a re- solution in relation to the undrawn balances of public money in the hands of the bank, and to accompany it with some poor remarks of unfa- vorable implication to the future existence of that institution. My resolution [said Mr. B,] was referred to the Committee on Finance, who made a report decidedly adverse to all m)'^ views, and eminently favorable to the bank, both as a present and future institution. This report came on the 13th of May, just fourteen days before the conclusion of a six months' session, when all was hurry and precipitation to terminate the business on hand, and when there was not the least chance to engage the attention of the Sen- ate in the consideration of any new subject. The report was, therefore, laid upon the table unanswered, but was printed by order of the Senate, and that in extra numbers, and widely diffused over the country by means of the news- paper press. At the commencement of the next session, it being irregular to call for the consid- eration of the past report, I was under the ne- cessity to begin anew, and accordingly submitted my resolution a second time, and that quite early in the session ; say on the first day of January. It was my wish and request that this resolution might be discussed in the Senate, but the sentiment of the majority was different, and a second reference of it was made to the Finance Committee. A second report of the same purport with the first was a matter of course ; but what did not seem to me to be a matter of course was this ; that this second report should not come in until the 2()th day of February, just fourteen days again before the end of the session, for it was then the short session, and the Senate as much pinched as before for time to finish the business on hand. No answer could be made to it, but the report was printed, with the former Kport appendod to it; and thus, united liKe the Siamese twins, and with the apparent, but not real sanction of the Senate, tlicy went forth to- gether to make the tour of the Union in the co- lumns of the newspaper i)rcss. Thus. I was a second time out of court; a second time non- suited for want of a replication, when there was no time to file one. I had intciukd to be- gin de novo, and for the third time, at the open- ing of the ensuing session ; but, happily, was an- ticipated and prevented by the annual message of the new President [General Jackson], which brought this question of renewing the bank charter directly before Congress. A reference of this par* of the message was made, of course, to the Finance Committee : the committee, of course, again reported, and with increased ardor, in favor of the bank. Unhappily this tliird re- port, which was an amplification and reiteration of the two former, did not come in until the ses- sion was four months advanced, and when the time of the Senate had become engrossed, and its attention absorbed, bj' the numerous and impor- tant subjects which had accumulated upon the calendar. Printing in extra numbers, general circulation through the newspaper press, and no answer, was the catastrophe of this third refer- ence to the Finance Connnittee. Thus was I non.suited for the third time. The fourth ses- sion has now come round ; the same subject is again before the same committee on the refer- ence of the part of the President's second annual message which relates to the bank ; and, doubt- less, a fourth report of the same import with the three preceding ones, may be expected. But when ? is the question. And, as I cannot answer that question, and the session is now two thirds advanced, and as I have no disposition to be cut off for the fourth time, I have thought propti to create an occasion to deliver my own sentiments, by asking leave to introduce a joint resolution, adverse to the tenor of all the reports, and to give my reasons against them, while supporting my application for the leave demanded ; a course of proceeding which is just to myself and unjust to no one, since all are at liberty to answer me. These are my personal reasons for this step, and a part of my answer to the objection that I have begun too soon. The conduct of the bank, and its friends, constitutes the second branch of my justification. It is certainly not ' too soon ' for them, judging by their conduct, to engage in the question of renewing the bank charter. In and out of Congress, they all seem to be of one ac- cord on this point. Three reports of commit- tees in the Senate, and one from a committee of the House of Representatives, have been made in favor of the renewal ; and all these rrports, instead of being laid away for future ' iSe — in- stead of being stuck in pigeon holes, anu labelled for future attention, as things coming forth pre- maturely, and not wanted for present service — have, on the contrary, been universally received by the bank and its friends, in one great tempest of applause ; greeted with every species of ac- clamation; reprinted in most of the papers, and every e and th contain ees^ion, ANNO 1831. ANDREW JACKSON, TRESIDENT. 189 every eflbrt made to give the widest dififusion, and the hi}?hest effect, to the arguments they contain. In addition to this, and at the present eeshion, within a few days past, three thousand copies of tlie exposition of the affairs of the Bank have been printed by order of the two Houses, a thing never before done, and now intended to bla- zon the merits of the bank. [Mr. Smith, of Mary- land, here expressed some olssent to this state- ment; but Mr. B. affirmed its correctness in sub- stance if not to the letter, and continued.] This does not look as if the bank advocates thought it was tof) annn to discuss the question of renew- ing the charter; and, upon this exhibition of their sentiments, I shall rest the assertion and the proof, that they do not think so. The third branch of my justification rests upon a sense of public duty ; upon a sense of what is just and advantageous to the people in general, and to the dcbtois and stockholders of the bank in particu- lar. The renewal of the charter is a question which concerns the people at large ; and if they are to have any hand in the decision of this ques- tion — if they are even to know what is done be- fore it is done, it is high time that they and their representatives in Congress should understand each other's mind upon it. The charter has but five years to run ; and if renewed at all, will probably be at some short period, say two or three j'ears, before the time is out, and at any time sooner that a chance can be seen to gallop the renewal through Congress. The people, therefore, have no time to lose, if they mean to have any hand in the decision of this great ques- tion. To the bank itself, it must be advantage- ous, at least, if not desirable, to know its fate at once, that it may avoid (if there is to be no re- newal) the trouble and expense of multiplying branches upon the eve of dissolution, and the risk and inconvenience of extending loans be- yond the term of its existence. To the debtors upon mortgfiges, and indefinite accommodations, it must be also advantageous, if not desirable, to be notified in advance of the end of their in- dulgences: so that, to every interest, public and private, political and pecuniary, general and particular, full discussion, and seasonable decision, is just and proper. " I hold myself justified, Mr. President, upon the reasons given, for proceeding in my present application ; but, as example is sometimes more authoritative than reason, I will take the liberty to produce one, which is as high in point of au- thority as it is appropriate in point of applica- tion, and which happens to fit the case before the Senate as completely as if it had been made for it. I speak of what has lately been done in the Parliament of Great Britain. It so happens, that the charter of the Bank of England is to expire, upon its own limitation, nearly about the same time with the charter of the Bank of the United States, namely, in the year 1833 ; and as far back as 1824, no less than nine jxars before its expiration, the question of its renewal was debated, and that with great freedom, in the British House of Commons. I will read some extracts from that debate, as the fairest way of presenting the example to the Senate, and the most effectual mode of securing to my- self the advantage of the sentiments expressed by British statesman. TTie Extracts. " ' Sir Henry Parnoll. — The House should no longer delay to turn its attention to the expe- diency of renewing the charter of the Bank of England. Heretofore, it had been the regular custom to renew the charter several years before the existing chai-ter had expired. The last re- newal was made when the existing charter had eleven years to run : the present charter had nine years only to continue, and he felt very anxious to prevent the making of any agreement between the government and the bank for a re- newal, without a full examination of the policy of again conferring upon the Bank of England any exclusive privilege. The practice had been for government to make a secret arrangement with the bank; to submit it immediately to the proprietors of the bank for their approba- tion, and to call upon the House the next day to confirm it, without affording any opportunity of fair deliberation. So much information had been obtained upon the banking trade, and upon the nature of currency in the last fifteen years, that it was particularly necessary to enter upon a full investigation of the policy of renewing the bank charter before any negotiation should be entered upon between the government and the bank ; and he trusted the government would not commence any such negotiation until the sense of Parliament had been taken on this important subject.' " ' Mr. Hume said it was of very great impor- tance that his majesty's ministers should take immediate steps to free themselves from the trammels in which they had long been held by the bank. As the interest of money was now nearly on a level with what it was when the bank lent a large sum to government, he hoped the Chancellor of the Exchequer would not lis- ten to any application for a renewal of the bank charter, but would pay off every shilling that had been borrowed from the bank. ***** Let the country gentlemen recollect that the bank was now acting as pawn-broker on a largo scale, and lending money on estates, a system entirely contrary to the original intention of that institution. ****** He hoped, before the expiration of the charter, that a regular in quiry would be made into the whole subject. ' '"Mr. Edward Ellice. It (the Bank of Eng- land) is a great monopolizing body, enjoying privileges which belonged to no other corpora- tion, and no other class of his majesty's sub- jects. ******* He hoped that the exclu- sive charter would never again be grunted ; and that the conduct of the bank during th' last ten or twelve years would make govermu >t very !■! litelil- 190 THIRTY YEARS' VIEW. i •ia I ! :'! \% 1 : 1.M ■ 11^r cautious \w\v they •.•ntcrtaincd any such propo- sitions. The lifiht honorable Chancellor of the Kxchcqiior [Mr. Robinson] had protested against the idea of straining any point to the prejudice of the bank ; he thought, however, that the bank had very little to complain of, when their stock, after all their past profits, was at 2;i8.' " ' The Chancellor of the Exchequer depre- cated tl>o discussion, as leading to no practical result.' '"Mr. Alexander Baring objected to it as premature and unnecessar}'.' "Sir William Pulteney (in another debate). The prejudices in favor of the present bank have proceeded from the long habit of consider- ing it as a sort of pillar which nothing can shake. ♦ ****** I'he bank has been supported, and is still supported, by the fear and terror which, by means of its mono- poly, it has had the power to inspire. It is well known, that there is hardly an extensive trader, a manufacturer, or a banker, either in London, or at a distance from it, to whom the bank could not do a serious injury, and could often bring on even insolvency. ***** I consider the power given by the monopoly to be of the nature of ail other despotic power, which corrupts the despot as much as it cor- rupts the slave. * * * * * * It is in the nature of man, that a monopoly must ncces- saril}' be ill-conducted. ******* Whatever language the [private] bankers may feel themselves obliged to hold, yet no one can believe that they have any satisfaction in being, and continuing, under a dominion which has pro\ed so grievous and so disastrous. * * * * * * I can never believe that the mer- chants and bankers of this country will prove unwilling to emancipate themselves, if they can do it without risking the resentment of the bank. No man in France was heard to com- plain, openly, of the Bastile while it existed. The merchants and bankers of this country have the blood of Englishmen, and will be hap- py to relieve themselves from a situation of perpetual terror, if they could do it consistently with a due regard to their own interest.' "Here is authority added to reason — the force of a great example added to the weight of un- answerable reasons, in favor of early discussion ; BO that, I trust, I have eflectually put aside that old and convenient objection to the ' time,' that most flexible and accommodating objection, which applies to all seasons, and all subjects, and is just as available for cutting oil" a late de- bate, because it is too late, as it is for stilling an early one, because it is too early. " But, it is said that the debate will injure the stockholders ; that it deprociatos the value of their property, and that it is wrong to sport with the vested rights of individuals. This complaint, supposing it to come from the stock- holders themselves, is both absurd and ungrate- ful. It ' s absurd, because the stockholders, at least so many of them as are not foreigners, must have known when they accepted a charted of limited duration, that the approach of its expiration would renew the debate upon the propriety of its existence; that every citizen had a right, and every public man was under an obligation, to declare his sentiments freely ; that there was nothing in the charier, nume- rous as its peculiar privileges were, to excnijit the bank from that freedom of speech and writ- ing, which extends to all our public afi'air.s ; and that the charter was not to be renewe In in tK'pofiit, witlioiit iimkiiiKcoinpensntion fortlio nnilrnwn bulimrt's. "4. To (liHcivdit mid dispnrnpo the noU-s of other banks, hy exoliidiiip tlioin from the col- lection of the fodrni) roviMiuo. "5. To hold real i-stafc, rccoivo rents, and retain a hody of toiiantry. " (i. To deal in pawns, nicrchandiBC, and bills of oxchanp' *'7. Toci out Uicir confriit. "8. To lie cxiMiipt from liability on the failure of the bank. '0. To have (he United StateH for a partner. " 10. To have foreinnerH for partners. "11. To be exeniitt from the regular adminis- tration of justice for the violations of theirchartcr. " 12. To have all these exclusive privilopes secured to them ns a monopoly, in a pledpo of the public faith not to gnuit the like privileges to any other company. " Tlieso ar(> the privileges, and this the mo- nopoly of the bank. Now, let \\s examine them, and ascertain their etl'ect r.nd Iwaring. Let us cn is this: thnt tho K^vurninunt nmy borrow- of the bank half a million sterlinf^, at any time, without u special act of parliament to authorize it. The provision in our charter is tho same, with the single sub- stitution of dollars for pounds. It is, in words and intention, a standing authority to borrow that limited sum, for the obvious purpose of preventing a constant keeping of a sum of money in hand as a reserve, to meet contingen- cies wliich hardly ever occur. This contingent authority to effect a small loan has often been used in England — in the United States, never ; !)08sibly, because there has been no occasion for t; probably, because tho clause was copied mechanically from tho English charter, and without tho perception of its practical bearing. Be this as it may, it is certainly a wise and prudent provision, such as all gorernments should, at all times, be clothed with. " If any senator thinks that I have exagge- rated the injury suffered by tho United States, on account of the uncompensated masses of public money in tho hands of the bank, I am now going to convince him that he is wrong. I am going to prove to him that I have under- stated the case; that T have purposely kept back a large part of it; and that justice requires a further development. The fact is, that there are two different deposits of public money iii the bank ; one in the name of the Treasurer of the United States, the other in the name of disbursing officers. The annual average of the former has been about three and •". half millions of dollars, and of this I have said not a word. But the essential character of both deposits is the same ; they are both the property of the United States ; both permanent; both available as so much capital to the bank ; and both uncompensated. '• I have not ascertained the average of these deposits since 1817, but presume it may equal the amount ol that bonus of one million live hundred thousand dollars for which we sold the charter, and which the Finance Committee of the Senate compliments the bank for paying in three, instead of seventeen, annual instalments ; and shows how much interest they lost by doing so. Certainly, this was a disadvantage to the bank. " Mr. President, it does seem to me that there is something ominous to the bank in this contest for compensation on the undrawn balances. It is the very way in which the struggle began in the British Parliameni which has ended in the overthrow of tho Bank of England. It is the way in which the struggle is beginning here. My resolutions of two and three years ago are the causes of the speech which you now hear ; and, as I have reason to believe, some others more worthy of your hearing, which will come at the proper time. The question of compensa- tion for balances is now mixing itself up here, as in England, with the question of renewing the charter ; and tho two, acting together, will fall with combined weight upon the public mind, and certainly eventuate here as they did there. " 4. To diicredit and disparage tho notes of all other banks, by excluding them from the collec- tion of tho federal revenue. This results from the collection — no, not tho collection, but tho receipt of the revenue having been conmiunicated to tho bank, and along with it the virtual exe- cution of tho joint resolution of 18IG, to regulate the collection of the federal revenue. The exe- cution of that resolution was intended to be vested in tho Secretary of the Treasury — a disinterested arbiter between rival banks; but it may be considered as virtually devolved upon the Bank of the United States, and power- fully increases the capacity of that institution to destroy, or subjugate, all other banks. This power to disparage the notes of all other banks, IS a power to injure them ; and, added to all tho other privileges of the Bank of the Unitt'd States, is a power to destroy them ! If any one doubts this assertion, let him read the answers of the president of the bank to the questions put to him by the chairman of the Finance Committee. These answers are appended to the committee's report of the last session in favor of the bank, and expressly declare the capacity of the federal bank to destroy the State banks. The worthy chairman [Mr. Smith, of Md.J puts this ques- tion ; ' Has the bank at any time oppressed any of the State banks.' The president [Mr. Biddle], answers, as the whole world would answer to a question of oppression, that it never had; and this response was as much as the interrogatory required. But it did not content the president of the bank ; he chose to go further, and to do honor to tho institution over which he presided, by showing that it was as just and generous as it was rich and powerful. Ho, therefore, adds the following words, for which, as a seeker after evidence, to show the alarming and dangerous character of the bank, I return him my unfeigned thanks : ' There are very few banks which might not have been destroyed by an exertion of the power of the bank.' " This is enough ! proof enough ! not for me alone, but for all who are unwilling to see a moneyed domination set up — a moneyed oli- garchy established in this land, and the entire Union subjected to its sovereign will. The power to destroy all other banks is admitted and declared ; the inclination to do so is known to all rational beings to reside with the power ! Policy may restrain the destroying faculties for the present; but they exist; and will come forth when interest prompts and policy permits. They have been exercised; and the general prostration of the Southern and Western banks attest the fact. They will be exercised (the charter bemg renewed), and the remaining State banks will be swept with the besom of destruc- tion. Not that all will have their signs knocked down, and their doors closed up. Far worse than tkat to many of them. Subjugation, in prefer- \ m\ *r. ANNO 1831. ANDREW JACKSON, PRESIDENT. 197 gethcr, will iiibli'j mind, did thcro. notes of all the collec- csults from ri< odionA nml danp'iDiis (liiin ihiit iMnitniiiin of llii> <-)iiircli wliii/li il liittlli'd till' Kii^lisli Piirlianicnt ho iiiuny ngi'x (<• «liiili(*li. '\'\u< niotlniitin of tlio cliiiirli wiiH i\ |)ti\vi'r ill un t'cclcNinNlioid curiiiiriilioti to hold I'i'iil cMliitc, iudt'iH-ndiMit of |)\(< Iuwh ot'dis- triliiition mid dcMViit : tlio inorlnmin of the Imiik Ih u power in a lay ('or|ioriiliiin to do llio Hainc lliiiifi;. 'I'lu' I'vii t>l' llu- two Icniiivrt i^ iili-ntind ; till' dilViTfiiiv lu'twocii till" two coriMiratioiiM is no iiioi'c tliiiii tlu'diUfi-cncc lictwi'cn |iui>oii.>iHiid iiioiu'y-t'liuiip IS ; llii> n»|mcily to do ini^oliii-f iiu'oin|mriiliiy llic nivutcHt on tlu'|iuit ol'tlii' lu,v ooi|ioriitois. Tlu' rlimili «'oiild only o|M'riit»' U|M)n tlu< li'w who wcit> thinking of lli«< other world ; the Imiik, upon nil who iiix< iinnursed in t!u'l>n>ineK«or thopleiisnn'HofthiH. 'rhenieiiiiN of the cliiiirh were nothing htit prayers; (he means of the hank is money ! 'riu> ehnreh ix>- iH'ived what it could hej; from dyinn sinners ; the hank may extort what il pleases from tlie whole living pneration of the just and imjiist. Siieli is the parallel hetweeii the iiinrtmain of the two eorporatioiis. They Itotli end in monopoly of estates and perju'tiiity of siuression ; and the hank is the greatest monopolizer of the two. Monopolies and perpetual siictvssion are tlio hane of ivpuhlies. Our aneestors took eare t*) provi«le against them, hy aholislung entails mid |)rimo- genitinv. Kven the glehes of the eliuixh, lean and few as they were in most of the Slates, fell niuKr the repuMio^m prineiple of limited tenuirs. All the States aholished iheanti-ivpuhliean leti- uivs ; hut Coiijiress re-estuhlishes them, ami in a maimer more dauiivrous and oll'en.-ive than he- foiv the l^ovolution. They are now given, not pinienilly, but to few ; not to natives only, hut to fon'igners also ; fiU' fiuvigiiers aiv large own- ers of this hank. And thus, the prineiples of the Ixevolutiou sink before the privileges of an inwrjH>rated wniimny. The laws of the States fail hefon> the mandates of a oontral directory in IMiiladelphia. Foreigners hocomo the land- lonls of fi\v-born Americans ; and the young and flourishing towns of the I'nited States are verging to the fate of the family boroughs which In-long to the gix'at aristocnicy of Kngland. '■ Let no one say the bank will not avail itself of its capacity to amass n-al estate. The fact is, it lias aln>ady done so. 1 know towns, yeii, cities, and could name them, if it might not seem invidious from this olovatcd theatre to make a j public rcferemv to their misfortunes, in which this bank already appears as a dominant and cuprv^s-ing proprietor. I have been in places j will" 11' the answers to inquiries for the owners ; of t ho most valuable tenements, would remind , yu,i of the answers given by the Egyptians to Miuilar questions fi"om the Fivnch olHcers, on their maix-h to Cairo. You recollect, no doubt, sir. the dialogue to which 1 allude: 'Who owns that palace 1 ' ' The Mameluke ; ' ' Who this ivimtry house ? ' ' The Mameluke ; ' ' These gardens ; ' • The Mameluke ; ' " Tliat field covered , with rice?' •The Mann-hike.'— -Ami thiiH have I Ix'eii answered, in the townsiind cities iiferred to, with the single eNception of the iiuiiie of tli«< Itankofthe I'nited States hiiliKtitnted for that of the military hcourgeof Kgypt. If this is done under the tlrst «harler, wlial may not he e.\p««'t- ed iiiiiior tlie second / If this is done while the liank is on its best behavior, what may she not do when freed from all restraint and deliver- ed up to the boundless cupidity and leinoiveleHtt exactioii'i of a moneyed corporation / "(i. To deal in pawns, nierchandiHe, and bilks of exchangi'. I hope the Senate will not requiro me to read dry passages from the charter to prove what I sav. I know I speak n thing near- ly incredible wlieii I allege tiiat this bank, in adtlition to all its other attributes, is an incorpo- rated company of pawnbrokers! The allegation staggers belief, but a lefiretice to the charter will disiiel incredulity. The charter, in the lirst part, forbids a (ratllc in merchandise; in the after part, |M'rmits it. i'tu- truly this instriiiinnl seems to have Ih-cii framed upon the priiu'iples of contnirics; one principle making limitations, and the other following attir with provisos to undo them. 'I'him is it with lands, as I have just shown; thus is it with merehandise, as I now show. The bank is forhidtlcii to deal in merchamlise — proviso, unless in tlie case of goods pledged for money lent, and not redeemed t»> the day ; and, proviso, again, unless for goods which shall be the pniceeds of its lands. With the help of these two provi- ii|ii'ruli<>ii \h duidily K'*<"li l'i'i'«'Vi'ii the ball' ofoiH' [M-r o'lil. nil bill.'< of f.\oliaiim> in a jjrcat Iirolll lo tin- iiiHtitiilion wbiirli iiiiiiio|i. I'tider tbirt Hy.sleni, tin* IwMt of the Western biuiku- I do not HiM'ak ot' (Imso wbiidi bad iiot'iKiiidHtionM. Aiiil Miink under the weiKbt of iieiKbborbootl o|iinion, but tlio.to wliicli tieserved favor and conlldeiire — sunk ten yearn 11^0. Under thin MyH- teiii, the entire West in now undei^Din^ aHileiit, p-neral, and invisible drain of ilH baiil iiioney ; and, if not iiiiiekly arrenled, tliese SuleH will HOdii be, HO lar as the precioiiN metals are con- n'riied, no more than the eiii|ity ukiii of an im- molated victim. "7. To establish branelieH In the ditferent States without their consent, and in delianee of their resistance. No one can di'iiy the de^rad- in)iC uixi injurious tendency of this iiriviU'K*'- H deropiles from the HovereiK'dy of u Stale; tramiile" u|iis see it. the Ropister of dividends $4,725,000 es, 4,029,426 $95,574 (hip must be oint of view, rioiis aspect litical aspect, he bank and •ecn tried in to be just as on between ction of the i'rit has told be master of drop rival- ippose they ical power: ley may not ivish to use t patriots of himself, in successor iotism com- tlie elder icy, and his 1797. at govom- the bank, war; and the hands it might, nt to con- st ors, but * * * us to gov- by uniting ic means lent to in- ■ery, and as a ccr- at a pe- that the , by en- Bank of lave any engine to Ic him to ANNO 183!. ANDREW JACKSON, PRESIDENT. 201 domineer over our constitution : if that could be supposed, it would only show that men can en- tertain u very dilfcrent train of ideas, when en- deavoring to overset a rival, from what occurs to them when intending to support and fix them- selves. My object is to secure the country against all risk either fiora the bank as opp*^ sed to government, or as the engine of ambitious men.' " And this is my object also. T wish to secure the Union from all chance of narm from this bank. I wish to provide against its friendship, as well as its enmity — against all danger from its hug, as well as from its blow. I wish to provide against all risk, and every hazard ; for, if this risk and hazard were too great to be en- countered by King, Lords, and Commons, in Great Britain, they must certainly be too great to be encountered by the people of the United States, who are but commons alone. " 10. To have foreigners for partners. This, Mr. President, will be a strange story to be told in the West. The downright and upriglit people of that unsophisticated region believe that words mean what they signify, and that ' the Bank of the United States ' is the Bank of the United States. How great then must be their astonish- ment to learn that this belief is a false concep- tion, and that this bank (its whole name to the contrary notwithstanding) is just as much the bank of foreigners as it is of the federal govern- ment. Here I would like to have the proof— a list of the names and nations, to cstabli-sh this almost incredible fact. But I have no access except to public documents, and from one of these I learn as much as will answer the present pinch. It is the report of the Committee of Ways and Means, in the House of Representa- tives, for the last session of Congi-ess. That re- port admits that foreigners own seven millions of the stock of this bank ; and every body knows that the federal government owns seven millions also. "Thus it is proved that foreigners are as deeply interested in this bank as the United States itself. In the event of a renewal of the charter they will be much more deeply interest- ed than at present ; for a prospect of a rise in the stock to two hundred and fifty, and the un- settled state of things in Euroixj, will induce them to make great investments. It is to no purpose to say that the foreign stockholders cannot be voters or directors. The answer to that suggestion is this : the foreigners have the money ; they pay down the cash, and want no accounnodations ; they ai-e lenders, not borrow- ers ; and in a great moneyed instituion, such stockholders must have the greatest ' ifluence. The name of this bank is a deception upon the public. It is not the bank of the federal gov- ernment, as its nanie would import, nor of the States which compose this Union ; but chiefly of private individuals, ft)rcigncrs as well as na- tives, denizens, and naturalized subjects. They own twenty-eight millions of the stock, the fed- eral government but seven millions, and these seven are precisely balanced by the stock of the aliers. The fedcnil government and the aliens arc equal, owning one fifth each; and there wou'd be as nnich truth in calling it the Eng- lish Bank as the Bank of the United States. Now mark a few of the privileges which this charter gives to these foreigners. To be land- holders, in defiance of the Stite laws, which forbid aliens to hold land ; to be landlords by incorporation, and to hold American citizens for tenants ; to hold lands in mortmain ; to be pawnbrokers and nierc>ia'iits by incorporation ; to pay the revenue of the United States in their own note. , in short, to do every thing which I have endeavored to point out in the long and hideous list of exclus've privileges granted to this bank, if r have 'jhown it to be dangerous for the United Stites to be in partnership with its own citi- zens, how much stronger is not the argument against a partnership with foreigners ? What a prospect for loans when at war with a foreign power, and the subjects of that power large owners of the bank here, from which alone, or from banks liable to be destroyed by it, we can obtain money to carr}' on the war ! What a state of things, if, in the division of political parties, one of these parties and the foreigners, coalescing, should have the exclusive control of all the money in the Union, and, in addition to the monej', should have bodies of debtors, ten- ants, and bank officers stationed in all the States with a s ipreme and irresponsible system of centralism to direct the whole ! Dangers from such contingencies arc too great and obvious to be insisted upon. They strike the common sense of all mankind, and were powerful consid- erations with the old whig republicans for the non-renewal of the charter of 1791. Mr. JellcT- son and the whig rcpiiblicans staked their po- litical existence on the non-renewal of that charter. They succeeded ; and, by succeeding, prevented the country from being laid at the mercy of British and ultra-federalists for funds to carry on the last war. It is said the United States lost forty millions by using depreciated currency during the last war. That, probably, is a mistake of one half. But be it so ! For what are forty millions compared to the loss of the war itself — compared to the ruin and infa- my of having the government arrested for want of money — stopped and paralyzed by the recep- tion of such a note as the younger Pitt received from the Bank of England in 1795 ? " 1 1. Exemption from due course of law for violations of its charter. — This is a privilege which affects the administration of justice, and stands without example in the annals of repub- lican legislation. In the case of all other delin- quents, whether persons or corporations, the laws take their course against those who oflend them. It is the right of every citizen to set the laws in motion against every oflender ; and it v. the constitution of the law, when set in motion, to work through, like a machine, regardless of •■?VfS" # 202 THIRTY YEARS' VIEW. y ui powers and principalities, and cutting down the guilty which may stand in its way. Not so in the case of this bank. In its behalf, there are barriers erected between the citizen and his op- pressor, between the wrong and the remedy, be- tween the law and the offender. Instead of a right to sue out a. scire facias or a quo icar- raitto, the injured citizen, with an humble peti- tion in his hand, must repair to the President of the United States, or to Congress, and crave their leave to do so. If leave is denied (and denied it will be whenever the bank has a peculiar friend in the President, or a majority of such friends in Congress, the convenient pre- text being always at hand that the general wel- fare requires the bank to be sustained), he can proceed no further. The machinery of the law cannot be set in motion, and the great offender laughs from behind his barrier at the impotent resentment of its helpless victim. Thus the bank, for the plainest violations of its charter, and the greatest oppressions of the citizen, may escape the pursuit of justice. Thus the administration of justice is subject to be stran- gled in its birth for the shelter and protection of this bank. But this is not all. Another and most alarming mischief results from the same extraordinary privilege. It gives the bank a direct interest in the presidential and congres- fiional elections : it gives it need for friends in Congress and in the presidential chair. Its fate, its very existence, may often depend upon the friendship of the President and Congress ; and, in such cases, it is not in human nature to avoid using the immense means in the hands of the bank to influence the elections of these officers. Take the existing fact — the case to which I al- luded at the commencement of this speech. There is a case made out ripe with judicial evidence, and big with the fete of the bank. It is a case of usury at the rate of forty-six per cent., in violation of the charter, which only admits an interest of six. The facts were ad- mitted, in the court below, by the bank's de- murrer; the law was decided, in the court above, by the supreme judges. The admission concludes the facts ; the decision concludes the law. The forfeiture of the charter is estab- lished ; the forfeit ire is incurred ; the applica- tion of the forfeiture alone is wanting to put an end to the institution. An impartial President or Congress might let the laws take their course ; those of a different temper might inter- pose their veto. What a crisis for the bank ! It beholds the sword of Damocles suspended over its head! What an interest in keeping those away who might suffer the hair to be cut! " 12. To have all these uniust privileges secured to the corporators as a monopoly, by a pledge of the public faith to charter no other bank. — This is the most hideous feature in the whole mass of deformity. If these banks are beneficial institu- tions, why not several ? one. at least, and each indejjendcnt of the other, to each great section of the Union? If malignant, wlij' create one? The restriction constitutes the monopoly, and renders more invidious what was sufficiently hateful in itself. It is, indeed, a double monop- oly, legislative as well as banking ; for the Con- gretis of 181C monopolized the power to grant these monopolies. It has tied up the hands of its successors ; and if this can be done on one subject, and for twenty years, why not upon all subjects, and for all time ? Here is the form of words which operate this double engro' sment of our rights : ' No other bank shall be established by any future law of Congress, during the con- tinuance of the coiporation hereby enacted, for which the faith of Congress is hereby pledged ;' with a proviso for the District of Columbia. And that no incident might be wanting to com- plete the title of this chaiter, to the utter repro- bation of whig republicans, this compound mo- nopoly, and the very form of words in which it is conceived, is copied from the charter of the Bank of England ! — not the charter of AVilliam and Mary, as granted in 1G94 (for the Bill of Rights was then fresh in the memories of Eng- lishmen), but the charter as amended, and that for money, in the memorable reign of Queen Anne, when a tory queen, a tory minis- try, and a tory parliament, and the apostle of toryism, in the person of . >r. Sachevcrell, with his sermons of divine right, passive obedience, and non-resistance, were riding and ruling over the prostrate liberties of England ! This is the precious period, and these the noble authors, from which the idea was borrowed, and the very form of words copied, which now figure in the charter of the Bank of the United States, co-sti- tuting that double monopoly, which restricts at once the powers of Congress and the rights of the citizens. " These, Mr. President, are the chief of the exclusive privileges which constitute the monop- oly of the Bank of the United States. I have spoken of them, not as they deserved, but as my abilities have permitted. I have shown you that they are not only evil in themselves, but copied from an evil example. I now wish to show you that the government from which we have made this copy has condemned the original ; and, af- ter showing this fact, I think I shall be able to appeal, with sensible efiect, to all liberal minds, to follow the enlightened example of Great Bri- tain, in getting rid of a dangerous and invidious institution, after having followed her pernicious example in assuming it. For this purpose, I will have recourse to proof, and will read from Brit- ish state papers of 1826. I will read extracts from the correspondence between Earl Liver- pool, first Lord of the Treasury, and Mr. Rob- inson, Chancellor of the Exchequer, on the one side, and the Governor and Deputy Governor of the Bank of England on the other ; the sub- ject being the renewal, or rather non-renewal, of the charter of the Bank of England. ^ ANNO 1831. ANDREW JACKSON, PRESIDENT. 203 for rnicious le, I will Im Brit- }xtracts Liver- ir. Rob- ihe one pvernor pe sub- Inewal, Communications from the Firat Lord of the Treasury and Chancellor of the Exchequer to the Governor and Deputy Goternor of the Bank of England. — Extracts. " ' The failures which have occurred in Eng- land, unaccompanied as they have been by the same occurrences in Scotland, tend to prove that there must have been an unsolid and delusive system of banking in one part of Great Britain, and a solid and substantial one in the other. * * * * In Scotland, there are not more than thirty banks (three chartered), and these banks have stood firm amidst all the convulsions of the money market in England, and amidst all the dis- tresses to which the manufacturing and agricultu- ral interestc in Scotland, as well as in England, have occasionally been subject. Banks of this de- scription must necessarily be conducted upon the generally understood and approved principles of banking. * * * * The Bank of England may, perhaps, propose, as they did upon a for- mer occasion, the extension of the term of their exclusive privilege, as to the metropolis and its neighborhood, beyond the year 1833, as the price of this concession [immediate surrender of exclusive privileges]. It would be very much to be regretted that they should require any such condition. * * * * It is obvious, from what passed before, that Parliament will never agree to it. * * * * Such privileges are out of fashion ; and what expectation can the bank, under present circumstances, entertain that theirs will be renewed?' — Jan. 13. Answer of the Court of Directors. — Extract. " ' Under the uncertainty in which the Court of Directors find themselves with respect to the death of the bank, and the eftect which they may have on the interests of the bank, this court cannot feel themselves justified in recom- mending to the proprietors to give up the privi- lege which they now enjoy, sanctioned .i,nd con- firmed as it is by the solemn acts of th ) legis- lature.' — Jan. 20. Second communication from the Ministers. — Extract. " ' The First Lord of the Treasury and Chan- cellor of the Exchequer have considered the an- swer of the bank of the 20th instant. They cannot but regret that the Court of Directors should have declined to recommend to the Court of Proprietors the consideration of the paper de- livered by the First Lord of the Treasury and the Chancellor of the iixchequer to the Governor and Deputy Governor on the 13th instant. The statement contained in that paper appears to the First Lord of the Treasury and the Chan- cellor of the Exchequer so full and explicit on all the points to which it related, that they have nothing further to add, although they would have been, and still are, ready to answer, as £ir as possible, any specific questions which might be put, for the purpose of removing the uncertainty in which the court of directors state themselves to be with respect to the details of the plan suggested in that paper.' — Jan. 23. Second answer of the Bank. — Extract. " ' The Committee of Treasury [bank] having taken into consideration the paper received from the First Lord of the Treasury and the Chan- cellor of the Exchequer, dated January 23d, and finding that His Majesty's ministtTs persevere in their desire to propose to restrict immediately the exclusive privilege of the bank, as to the number of partners »ngaged in banking to a certain distance from the metropolis, and also continue to bo of opinion that Parliament would not consent to renew the privilege at the exi)ira- tion of the period of their present charter; finding, also, that the proposal by the bank of establishing branch banks is deemed by His Majesty's ministers inadequate to the wants of the country, aro of opinion that it would be desirable for this corporation to propose, as a basis, the act of 6th of George the Foin-th, which states, the conditions on which the Bank of Ireland relinquished its exclusive privileges ; this corporation waiving the question of a prolonga- tion of time, although the committee [of the bank] cannot agree in the opinion of the First Lord of the Treasury and the Chancellor of the Exchequer, that they are not making a consider- able sacrifice, adverting especially to the Bank of Ireland remaining in possession of that privi- lege five years longer than the Bank of England.' — January 25. " Here, Mr. President, is the end of all the exclusive privileges and odious monopoly of the Bank of England. That ancient and powerful institution, so long the haughty tyrant of the moneyed world — so long the subsidizer of kings and ministers — so long the fruitful mother o( national debt and useless wars — so long the prolific manufactory of nabobs and paupers — so long the dread dictator of its own terms to parliament — now droops the conquered wing, lowers its proud crest, and quails under the blows of its late despised assailants. It first puts on a courageous air, and takes a stand upon privileges sanctioned by time, and confirmed by solemn acts. Seeing that the ministers could have no more to say to men who would talk of privileges in the nineteenth century, and being reminded that parliament was inexorable, the bully suddenly degenerates into the craven, and, from showing light, calls for quarter. The di- rectors condescend to beg for tlie smallest rem- nant of their former power, for five years oidy ; for the city of London even ; and oHer to send branches into all quarters. Denied at every point, the subdued tyrant acquiesces in his fate ; announces his submission to the spirit and intel- ligence of the age ; and quietly sinks down into ..^ 204 TniRlT YEA US' VIEW. 1 > < the humble, but safe and useful comlition of a Scottish provincial bank. " And here it is profitable to pause ; to look back, and see by what means this ancient anras a ses — vered and ppled llchit pd a [sible Inays 80 ANNO 1831. ANDREW JACKSON, PRESIDENT. 205 racy against the bank — the mass of the anti- democrats against it. The names were : — " Yeas, — Messrs. Barnard, Benton. Bibb, Brown, Dickerson, Dudley, Forsyth, Grundy, Haync, Iredell, King, McKinley, Poindexter, Sanford, Smith of S. C, Tazewell, Troup, Tyler, White, Woodbury— 20. "Navs. — Messrs. Barton, Bell, Bumct, Chase, Clayton, Root, Frelinghuysen, Holmes, Hend- ncks, Johnston, Knight, Livingston, Marks, Noble, Robbins, Robinson, Rugglcs, Seymour, Silsbce, Smith of Md., Sprague, Webster, Willey —23." CHAPTER LVII. ERROR OF DE TOCQUEVILLE, IN RELATION TO THE HOUSE OF REPRESENTATIVES. I HAVE had occssion several times to notice the errors of Monsieur de Tocqueville, in his work upon American democracy. That work is au- tliority in Europe, where it has appeared in several languages ; and is sought by some to be made authority here, where it has been translated into English, and published with notes, and a jjroface to recommend it. It was written with a view to enlighten European opinion in relation to democratic government, and evidently with a candid intent ; but abounds with errors to the prejudice of that form of government, which must do it great mischief, both at home and abroad, if not corrected. A fundamental error of this kind — one which goes to the root of representative government, occurs in chapter 8 of his work, where he finds a great difference in the members comprising the two Houses of Congress, attributing an immense superiority to the Senate, and discovering the cause of the difference in the different modes of electing the members — the popular elections of the House, and the legislative elections of the Senate. He " On entering the' House of Representatives at Washington, one is struck with the vulgar de- meanor of that great assembly. The eye fre- (|ncntly does not <^4scover a man of celebrity within its walls. Its members are almost all ol)s:ci;re individuals, whose names present no asi-ociations to the mind ; they are mostly village lawyers, men in trade, or even persons belonging to tlie lower classes of society. In a country in which education is very general, it is said that the representatives of the people do not always know how to write correctly. At a few yards' distance from this spot is the door of the Senate, which contains within a small space a large proportion of the celebrated men ii» America. Scarcely an individual is to be found in it, who does not recall the idea of an active and illustri- ous career. The Senate is composed of eloquent advocates, distinguished generals, wise magis- trates, and statesmen of note, whose language would at all times do honor to the most remark- able parliamentary debates of Europe. What, then, is the cause of this strange contrast ? and why are the most able citizens to be found in one assembly rather than in the other ? Why is the former body remarkable for its vulgarity, and its poverty of talent, wWlst the latter scoms to enjoy a monopoly of intelligence and of sound judgment ? Both of these assemblies emanuie from the people. From what cause, then, does so startling a difference arise ? The only reason which appears to me adequately to account for it is, that the House of Representatives is elected by the populace directly, and that of the Senate is elected by an indirect application of universal suffrage ; but this transmission of the popular authority through an assembly of chosen men operates an important change in it, by refining its discretion and improving the forms which it adopts. Men who are chosen in this manner, accurately represent the majority of the nation which governs them; but they represent tho elevated thoughts which are current in the com- munity, the generous propensities which prompt its nobler actions, rather than the petty passions which disturb, or the vices which disgrace it. The time may be already anticipated at which the American republics will be obliged to intro- duce the plan of election by an elected body more frequently into their system of represen- tation, or they will incur no small risk of perish- ing miserably among the shoals of democracy." — Chapters. The whole tenor of these paragraphs is to disparage the democracy — to disparage demo- cratic government — to attack fundamentally the principle of popular election itself. They dis- qualify the people for self-government, hold them to be incapable of exercising the elective franchise, and predict the dow nfall of our repub- lican system, if that franchise is not stiU further restricted, and the popular vote — the vote of the people — reduced to the subaltern choice of persons to vote for them. These are profound errors on the part of Mons. de Tocqueville, which require to be exposed and corrected ; and the correction of which comes within the scope of this work, intended to show the capacity of the people for self-government, and the advantage of extending — instead of restricting — the privl- f ■¥*■. ' 'a, ■■'; Mm u 5;: >A:- ■(' . A V 206 THIRTY TEARS' VIEW, lege of the direct vote. lie seems to look upon the members of the two Houses as different orders of bcingn — different classes — a higher and a lower class ; the former placed in the Senate by the wisdom of State legislatures, the latter in the House of Representatives by the folly of the people — when the (act is, that they are not only of the same order ».nd class, but mainly the same individuals. The Senate is almost entirely made up out of the House ! and it is quite cer- tain that every senator whom Mons. de Tocque- ville had in his eye when he bestowe''. such encomium on that body had come from the House of Representatives ! placed there by the popular vote, and afterwards transferred to the Senate by the legislature ; not as new men just discovered by the superior sagacity of that body, but as public men with national reputations, al- ready illustrated by the operation of popular elections. And if Mons. de Tocqueville had chanced to make his visit some years sooner, he would h..?" seen almost every one of these sena- tors, to whom Lis exclusive praise is directed, actually sitting in the other House. Away, then, with his fact ! and with it, away with all his fanciful theory of wise elections by small electoral colleges, and silly ones by the people ! and away with all his logical deductions, from premises which have no existence, and which would have us still further to "refine popular discretion," by increasing and extending the number of electoral colleges through which it is to be filtrated. Not only all vanishes, but his jiraise goes to the other side, and redounds to the credit of popular elections; for almost everj- distinguished man in the Senate or in any other department of the government, now or heretofore — from the Congress of Independence down to the present day — has owed his first elevation and distinction to popular elections — to the direct vote of the people, given, without the intervention of any intermediate body, to the visible object of their choice ; and it is the same in other countries, now and always. The Eng- lish, the Scotch and the Irish have no electoral colleges ; they vote direct, and are never without their ablest men in the House of Commons. The Romans voted direct ; and for five hundred years — until fair elections wore detsroyed by force and fraud — never failed to elect consuls and praetors, who carried the glory of their country beyond the point at which they bad found it. The American people know this — know that popular election has given them every eminent public man that they have ever had — that it is the safest and wisest mode of political election- most free from intrigue and corruption ; and in- stead of further restricting that mode, and re- ducing the masses to mere electors of electors, they are, in fact, extending it, and altering con- stitutions to carry elections to the people, which were formerly given to the general assemblies. Many States furnish examples of this. Even the constitution of the United States has been overruled by universal public sentiment in the greatest of its elections — that of President and Vice-President. The electoral college by that instrument, both its words and intent, was to have been an indencndent body, exercising its own discretion in the choice of these high officers. On the contrary, it has been reduced to a mere formality for the registration of the votes which the people prepare and exact. The speculations of Monsieur de Tocqueville are, therefore, ground- less ; and must be hurtful to representative gov- ernment in Europe, where .he facts are un- known ; and may be injurious among ourselves, where his book is translated into English, with a preface and notes to recommend it. Admitting that there might be a difference between the appearance of the two Houses, and between their talent, at the time that Mons. do Tocqueville looked in upon them, yet that dif- ference, so far as it might then have existed, was accidental and temporary, and has already vanished. And so far as it may have appeared, or may appear in other times, the difference in favor of the Senate may be found in causes very difforent from those of more or less judgment and virtue in the constituencies which elect the two HouKcs. The Senate is a smaller body, and therefore may be more decorous ; it is composed of older men, and therefore should be graver , its members have usually served in the highest branches of the State governments, and in the House of Representatives, and therefere should be more experienced ; its terms of service are longer, and therefore give more time for talent to mature, and for the measures to be carried which confer fame. Finally, the Senate is in great part composed of the pick of the House, and therefore gains double — by brilliant acces- sion to itself and abstraction from the other. These are causes enough to account for any oo> fc ■ •f ANNO 1831. ANDREW JACKSON, PRESIDENT. 207 «• casional, or general differenco which may show itself in the decorum or ability of the two Houses. But there is another cause, which is found in the practice of some of the States — the caucus system and rotation in office — which brings in men unknown to the people, and turns them out as they begin to be useful ; to be suc- ceeded by other new beginners, who are in turn turned out to make room for more new ones ; all by virtue of arrangements wliich look to in- dividual interests, and not to the public good. The injury of these changes to the business qualities of the IlouiSe and the interests of the State, is readily conceirable, and very visible in the delegations of States where they do, or do not prevail — in some Sorthern and some Nouth- ern States, for example. To name them might seem invidious, and is not necessary, the state- ment of the general fact being sufficient to indi- cate an evil which requires correction. Short terms of service are good on account of their rc- Bgonsibility, and two years is a good legal term; but every contrivance is vicious, and also incon- sistent with the re-eligibility permitted by the constitution, which prevents the people from continuing a member as long as they deem him useful to them. Statesmen are not improvised in any country ; and in our own, as well as in Great Britain, great political reputations have only been acquired after long service — 20, 30, 40, and even 50 years ; and great measures have only been carried by an equal number of years of persevering exertion by the same man who commenced them. Earl Grey and Major Cart- wright — I take the aristocratic and the demo- cratic leaders of the movement — only carried British parliamentry reform after forty years of annual consecutive exertion. They organized the Society for Parliamentry Reform in 1792, and carried the reform in 1832 — disfranchising 56 burgs, half disfranchising 31 others, enfran- chising 41 new towns ; and doubling the number of voters by extending the privilege to £10 householders — extorting, perhaps, the greatest concession from power and corruption to popular right that was ever obtained by civil and legal means. Yet this was only done upon forty years' continued annual exertions. Two men did it, but it took them forty years. The same may be said of other great British measures — Catholic emancipation, corn law re- peal, abolition of the slave trade, and many others ; each requiring a lifetime of continued exertion from devoted men. Short service, and not popular election, is the evil of the House of Representatives ; and this becomes more appar- ent by contrast — contrast between the North and the South — the caucus, or rotary system, not prevailing in the South, and useful members being usually continued from that quarter as long as useful ; and thus with fewer members, usually showing a greater number of men who have attained a distinction. Monsieur de Tocque- ville is profoundly wrong, and does great injury to democratic government, as his theory coun- tenances the monarchial idea of the incapacity of the people for eelf-govemment. They are with us the best and safest depositories of the political elective power. They have not only furnished to the Senate its ablest members through the House of Representatives, but have sometimes repaired the injustice of State legis- latures, which repulsed or discarded some emi- nent men. The late Mr. John Quincy Adams, after forty years of illustrious service — after hav- ing been minister to half the great courts of Eu- rope, a senator in Congress, Secretary of State, and President of the United States — in the full possession of all his great faculties, was refused an election by the Massachusetts legislature to the United States Senate, where he had served thirty years before. Refused by the legislar ture, he was taken up by the people, sent to tho House of Representatives, and served there to octogenarian age — attentive, vigilant and capa- ble — an example to all, and a match for half the House to the last. The brilliant, incorruptible, sagacious Randolph — friend of the people, of tho constitution, of economy and hard money — scourge and foe to all corruption, plunder and jobbing — had nearly the same fate; dropped from the Senate by the Virginia general assem- bly, restored to the House of Representatives by the people of his district, to remain there till, following the example of his friend, the wise Macon, he voluntarily withdrew. I name no more, confining myself to instances of the illus- trious dead. I have been the more particular tj correct this error of De Tocqueville, because, while dis- paraging democratic government generally, it especially disparages that branch of our govern- ment which was intended to be the controlling part. Two clauses of the constitution— one ..■J' *. 208 THIRTY YEARS' VIEW. 11 Mm 1 :., 1 4i ■ 1 Jiiit ■:■■■'■ ! vesting the House of Representatives with the sole power of originating revenue bills, the other with the sole power of impeachment — sufficient- ly attest the liigh function to which that House was appointed. They are both borrowed from the British constitution, where their effect has been seen in controlling the course of the whole government, and bringing great criminals to the bar. No sovereign, no ministry holds out an hour against the decision of the House of Com- mons. Though an imperfect representation of the people, even with the great ameliorations of the reform act of 1832, it is at once the demo- cratic branch, and the master-branch of the British government. "Wellington administra- tions have to retire before it. Bengal Gover- nor8-(Jener;J have to appear as criminals at its bar. It is the theatre which attracts the talent, the patriotism, the high spirit, and the lofty am- bition of the British empire ; and the people look to it as the master-power in the working of the government, and the one in which their will has weight. No rising man, with ability to acquire a national reputation, will quit it for a peerage and a seat in the House of Lords. Our House of Representatives, with its two commanding prerogatives and a perfect representation, should not fall below the British House of Commons in the fulfilment of its mission. It should not become second to the Senate, and in the begin- ning it did not. For the first thirty years it was the controlling branch of the government, and the one on whose action the public eye was fixed. Since then the Senate has been taking the first place, and people have looked less to the House. This is an injury above what con- cerns the House itself. It is an injury to our institutions, and to the people. The high func- tions of the House were given to it for wise pur- poses — for paramount national objects. It is the immediate representation of the people, and should command their confidence and their hopes. As the sole originator of tax bills, it is the sole dispenser of burthens on the people, and of supplies to the government. As sole au- thors of impeachment, it is the grand inquest of the nation, and has supervision over all official delinquencies. Duty to itself, to its high func- tions, to the people, to the constitution, and to the character of democratic government, require it to resume and maintain its controlling place •& the machinery and working of our federal government : and that is what it has commenc- ed doing in the last two or three sessions — and with happy results to the economy of the pub- lic service — and in preventing an increase of the evils of our diplomatic representation abroad. CHAPTER LVIII. THE TWENTY-SECOND CONGRESS. This body commenced its first session the 5th of December, 1831, and terminated that ses- sion July 17th, 1832 ; and for this session alone belongs to the most memorable in the annals of our government. It was the one at which the great contest for the renewal of the charter of the Bank of the United States was brought on, and decided — enough of itself to entitle it to last- ing remembrance, though replete with other im- portant measures. It embraced, in the list of members of the two Houses, much shining talent, and a great mass of useful ability, and among their names will be found many, then most emi- nent in the Union, and others I'-stined to be- come so. The following are the names : SENATE. Maine — John Holmes, Peleg Sprague. New Hami'shirk — Samuel Bell, Is^aac Hill. Massachusetts — Daniel Webster, Nathaniel Silsbee. Rhode Island — Nehemiah E. Knight, Asher Robbins. Connecticut — Samuel A. Foot, Gideon Tom- linson. Vermont — Horatio Seymour, Samuel Pren- tiss. New-Yoek — Charles E. Dudley, Wm. Marcy. New Jersey — M. Dickerson, Theodore Fre- linghuysen. Pennsylvania — Geo. M. Dallas, Wm. Wil- kins. D ^L aware— Jolm M. Clayton, Arnold Nau- daii Maryland — E. F. Chambers, Samuel Smith, Virginia— Littleton W. Tazewell, John Ty- ler. North Carolina— B. Brown, W. P. Man- gum. South Carolina — Robert Y. Hayne, S. D. Miller. Georgia— George M. Troup, John Forsyth. Kentucky- George M. Bibb, Henry Clay. Tennessee— Felix Grundy, Hugh L. White. Ohio — Benjamm Ruggles, Thomas Ewing. ANNO 1831. ANDREW JACKSON, PRESIDENT. 209 ? commenc- *sions — and of the pub- redse of the D abroad. Louisiana— J. S. Johnston, Geo. A. Wagga- I. ItESS. session the ted that ees- iession alone he annals of t which the J charter of brought on, itle it to last- ith other ini- n the list of [lining talent, , and among en most emi- stined to be- jnes: •ague, il^aac Hill. [r, Nathaniel night, Asher Jideon Toni- [imucl Pcen- i^m. Marcy. leodore Fre- I, wm. wa- Lmold Nau- jiucl Smith, p, John Ty- P. Man- layne, S. D. I Forsyth. Iry Clay. , I,. White. I Ewing. man. Indiana — William Hendricks, Robert Hanna. Mississippi — Powhatan Ellis, Geo. Poindex- ter. Illinois — Elias K. Kane, John M. Robinson. Alabama — William R. King, Gabriel Moore. Missouri — Thomas H. Benton, Alex. Buck- ner. HOUSE OF REPEESENTATIVES. From Maine — John Anderson, James Bates, George Evans, Cornelius Holland, Leonard Jar- vis, Edward Kavanagh, Rufus Mclntirc. New Hampshire — John Brodhead, Thomas Chandler, Joseph Hammons, Henry Hubbard, Joseph M. Harper, John W. Weeks. Massachusetts — John Quincy Adams, Na- than Appleton, Isaac C. Bates, George N. Briggs, Rufus Choate, Henry A. S. Dearborn, John Davis, Edward Everett, George Grenncll, inn., James L. Hodges, Joseph G. Kendall, John Reed. {One vacancy.) Rhode Island — Tristam Burgess, Dutee J. Pearce. Connecticut — Noyes Barber, William W. Ellsworth, Jabcz W. Huntington, Ralph I. In- gersoll, William L. Storrs, Ebenezer Young. Vermont — Heman Allen, William Cahoon, Horace Everett, Jonathan Hunt, William Slade. New York — William G. Angel, Gideon II. Barstow, .Joseph Bouck, William Babcock, John T. Bergen, John C. Brodhea i, Samuel Beards- ley, John A. Collier, Bates Cooke, C. C. Cam- brelcng, John Dickson, Charles. Dayan, Ulysses F. Doubleday, William Hogan. Michael Hoff- man, Freeborn G. Jewett, John King, Gerrit Y. Lansing, James Lent, Job Picrson, Nathaniel Pitcher, Edmund H. Pendleton, Edward C. Reed, Erastus Root, Nathan Soule, John W. Taylor, Phineas L. Tracy, Gulian C. Verplanck, Frede- ric Whittlesey, iSamuel J. Wilkin, Grattan II. Wheeler, Campbell P White, Aaron Ward, Dan- iel Wardwell. New Jersey — Lewis Condict, Silas Condict, Richard M. Cooper, Thomas II. Hughes, James Fitz Randolph, Isaac Southard. Pennsylvania — Robert Allison, John Banks, George Burd, John C. Bucher, Thomas H. Crawford, Richard Coulter, Harmar Denny, Lewis Dewart, Joshua Evans, James Ford, John Gilmore, William Heister, Henry Horn, Peter Ihrie, jun., Adam King, Henry King, Joel K. Mann, Robert McCoy, Henry A. Muhlen- berg, T. M. McKennan, David Potts, jun., An- drew Stewart, Samuel A. Smith, Philander Ste- phens, Joel B. Sutherland. .lohn G. Watmough. Delaware — .John J. Milligan. Maryland — Benjamin C. Howard, Daniel Jenifer, John L. Kerr, George E. Mitchell, Benedict I. Semmes. John S. Spence, Francis ThomaSj George C. Washington, J. T. II. Wor- thington. Virginia — Mark Alexander, Robert Allen, William S. Archer, William Armstrong. John Vol. I.— 14 S. Barbour, Thomas T. Bouldin, Nathaniel H. Claiborne, Robert Craig, Joseph W. Chinn, Richard Coke, jun., Thomas Davenport, Piiilip ^odd. dge, Wm. F. Gord n, Charles C. John- ston, John Y. Mason, Lewis Maxwell, Charles F. Mercer, William McCoy, Thomas Newton, John M. Patton, John J. Roane, Andrew Ste- venson. North Carolina — Dan'l L. Barringer, Laugh- lin Bethune, John Branch, Samuel P. Carson, Henry W. Conner, Thomas II. Hall, Micajah T. Hawkins, Jair.es J. McKay, Abraham Rencher, William B. Shepard, Augustine H. Shepperd, Jesse Speight, Lewis Williamp. South Carolina — Robert W. Barnwell, Jas. Blair, Warren R. Davis, William Dray ton, John M. Felder, J. R. GrifiBii, Thomas R. Mitchell, George McDuffle, Wm. T. Nuckolls. Georgia — Thomas F. Foster, Henry G. La- mar, Daniel Newnan, Wiley Thompson, Richard II. Wilde, James M. Wayne. ( One vacancy.) Kentucky — John Adair, Chilton Allan, Hen- ry Daniel, Nathtn Gaither, Albert G. Ilawes, R. M. Johnson, J iseph Lecompte, Chittenden Lyon, Robert P. Letcher, Thomas A. Mar- shall, Christopher Touipkino, Charles A. Wick- liffe. Tennessee — Thomas D. Arnold, John Bell, John Blair, William Fitzgerald, William Hall, Jacob C. Isacks, Cave Johnson, James K. Polk, James Standifer. Ohio — Joseph II. Crane, Elcutheros Cooke William Creighton, jun., Thomas Corwin, Jamei Findlay, William W. Irwin, William pennon, Humphrey H. Leavitt, William Russel, William Stanberry, John Thomson, Joseph Vance, u (l«n( 1*1 HM iiiili'i'i'inlcnt iiu(ion, imimm imiiiH ' WiMt' t'cMiml ni'i'C'i'-ni \ (o )>(• vcltliil ln')\M I'n it»< nnd Ok'iH HvKtuti. Atnonn Otim « n* (lii> il.' ! »\>!»iintiiiini|,'»iiiw, iiiil ili'-.,Mili('i| Willi siil' | llfii-nl urn'i'-ii'n ii\ Ww ticntv ol' pi'tdi'. StMncnl' till' lines tlmt ili\iili' (h('Mi\iis mul (i'ni(iui«"i nl' tl\«< Initcil Strtd'rt l>i>i\< (1(1' Uriti'-h |iMnii\i'i«, \\n\>' Wtu .lillni(i\ol\ (Ivnl. 'I'luit. Imwi'M'i, wl\i<'I\ ^^'|'.•^V!^tl'^ (i« Oinn tlx' i)V(>\ii\irs oC <'nnn (1:« n\(.l \i\\ n>\\ii'-\MiK (ii (lu' NoMli »ni| (111' K;i'-(, \\;i'< s(ill in ilw)iii(i' w lii'ii I riinii' inio odii'i' lvi';i( Hvi(;iiiili\ iii\ iiiniii'ili.'id' iivi'ili'r<".Mn in o11^l^>. «iili (111' iiilxii'i' mill r^ oCilidi'ii'iiii' « liii'ti Imxi' ini^i'ii in (lio sit(linii'n( (>(' (III' lioiinil.'ii \ liiii' di"(\\ri'n (Iii' Ann'ii.nn nml Urilish tlinniiitiins. ns ilosi'vilvil in (In' (ililli .ii(i olo of (lio <\>'nlv txl" «. .mil iivvVvi' ;\ (liNi^ion ni'iin suih )iiiiii(^ oC didoniii o :' mill (111' KiU'-. o(' ilii' Ni'dii'iiiiiil'i h.i\ in;.;. 1\> t'l'' ln(o ri\'^iiIoii( nii.l liis llritaniiii' Nlnii".(_v. di't'ii (K'sicnndNl n-- siirli (Vionillv sinovoiijn, i( lici'miii' m_v iln(> (i> r.in\. \\i(li pioil (';ii(li, (Iio .'Vsiiw ,.iont, ^o m.i lo. in(o Cull o(V<'i'(. To (Iiis ciiil 1 o.^IlmiI nil (1 iiir. -nvos ^^^ W (nKon wliirh won' ni>'i"^^nv\ (0 n (nil o\]'>osi(ion oC our onso (o (ho sovoivii;n nrMlor; niiil nominndsl n'< niiiiis(or jiIonii^Mon(inr_\ (o bis «Mnr(, a ilisiinuni'-lioil oi(i7on o("(ho S(nto nios( in(oivs(oil in tlio iinos liiin. nuil >\ho 1inil lv>on ono of (ho npvnts ]iiv\i P "» » onslv on^;^1.1y^N^ tor so((1in!:' (ho ooii(n^>orv\ . 0\\ lho"lO(h il.iv of .Innnnvv 1n^(. His M.ijoMy (ho Kiusi' of (ho Notliorlnnils dc^lnoriNl (o (^v' )'loni- ]Mtoii1i;\vio>- of iho rni(oil ."^l.'id's. ami o\' (iront Hri(«in. his wrillon o]iinion on (ho t'a^o ivforroil to him. Tho i\n]XM> in vol.i(ion (o (ho snhj(\'( will Iv oiinmnniio.'UiNl, hy a s]x>'ial luoss.ipv. (o tho pro]vr iM-nnoh of tho giivornniont. Mi(h (ho pi^rfivt oon(';.1omv that i(s wisilom will flilo]*( Fiioh moasinvs ns will sooniv an ;miio;iMo sotllo- mont of (ho ocintvovorsy. withon( in(Vins:in!;' any of>ns(i(niional right of tho S(a(os inniu\liatoly intowi'tod. "In my mossaco at tho ojvninjr of tho Inst session of OoncToss, 1 oxjirossoil a oontiilont lio].o that tho jnslioo of our olaims n]->,in Vr.inoo. nravil a.« thoy woro with ]iirsovoranoo and sipml nhility by our mini^ior ihoro. would tina^''- Iv aoknowl- Ovic^vi This liojv lias boon roaliziNl. A iroaty ha^ Kvn si;:ni'd. whioli will imiiu'sliatoly Iv laid Ix-loro tho Sonato for it> approbation ; and which, oor.taininc stipnlitions that roqniro lojris- lativo «ors. must have tho ooncnrroiioo of Ivth Houses Kloro it oati Iv CAmcd into effect. "Slii'iilil (his trnily ii'iriic tlii' |iii>|M'r «niH»- (imi, n Ntiiiii'i' of iiriliilioM will do nIo|i|m'i|. (Imt lins, (in so ninny »ohih, in sniiic ilonioc tilloMH(io iiiolinoil di cxiiilo (lioin, lli!i( Idov w ill iii'\of do nlinndniioil. Adino nil, n jiisi oonlliloiii'o will do nis|iiroil in oiii li'llnw- oiliyriis, (lin( (lioii fMi\oniliii'ii( \\ill ovoit nil (lio |iiiwi'i's wild wliioli (lii'\ lin\o iinosd'il i(, in .ii|ii'iii( iif (lirii jiis( oiniiiis ii|iiin (iiioif'.n nnlimiH ; n( (lio '■nnio (iiiio (lin( llio IVniiK nokimwli'iln- iiioiil nml provisinn fur (ho piiynioiil of (Inwo wliii'h wi'io adilii's^oil (ii mil' oijiiKy, nl(liiiii)>li iinsiippoi (id dy lopal pnmC, nlliitds n ptnodoal ildi -ii;i(ion of our sndnii-sinn In lliol'iniio nilo of iloiii!', to olliofs wlin( wo ilosiro (hoy slimilil do niilo lis. '*'\\iiloii mid OoninnrK lin\inj; nindi' oiiiniion sniion for (do iirof;iilm i(ios ■'oiiiniiiloil dy (lioir vossols, or in (lioir purls, (o (ho poiliol snlisfno- (ion of (ho pnrlios oiinooriiod, iiiul lin\iiin ii'- nowod (ho (i-i'alios of ooniiiioroo onlorod ind> wild (drill, our poiiiionl mid oiininioroitil roln (ioiiswiih iho-o powors oonliiiuo (o do on (ho niO'-( fiiondlv (iiodn;'.. " Wild Spnin, our dillori'ni'os up (o (ho '2'2i\ of I'odrnnry. ISl'.', woro m'((1oiI d\ (ho (i\'nly of Wnshinjilon of that dale; did, n( n Midsripionl )ioriod, our ooinnioroo willi (ho N(n(os fniiiiorly oolonio- of ,' lltll'lllllnl ■ MM iitlcn'Ht luuiii'iltlioMH, lltliiillN III) Ji'\t'riiiii'«> ill |iiiiiir, I lull. Ili'il III Mini >■<(> |i()««'rn, ■Mllli' IllCIII. AIhim- nil, (illf li'lloW 'S.Ml nil (li<« il'sll'll it, ill if'.ii iiiitionH} irKmnvliMlp; 'III i>r Hiiwi' l\ , llllllOll^ll i II |iiiii'lii'itl l»i\ilH' llllt> IIh'V slioiilil mlo CDniin'ii- (cil liy llicir ('('I Milisl'nc- liiniiiii ft'- 'iilcntl into iici-ciiil ivlii- |il l«' (Ml llio III .1 of I' lix'nlv of Mlli'^i'Ulli'Ul o^ liiinu'rly ol' Aiuci it'll. Iiplcil h\ luT I'V ("11)11 KVvil KWflll ('1>I1I- v's ; mill nl >ri\lion nnil il ll\t\v wen' (' of nil 11(0 lo \v:is do- r (lu> foriuul fountl \»\- sont with in that wn.H Inuisiwitlod lio onpttiros iwo jnsliliod o\' Aniorioa Si«iin. she Ithom undor of dofonoo whioh had |ifonn prao- ; and had It ho oonvon- |ish suhjcots , undor the allogations " I, ImwiMir, liidiiltro flin Impo Ihnf niillMT K (Ic'i linil M ill li'il'l I" iillli'l' Vicw'i, Mild rci'l Kill lldinl, Hull wIk'm lii^ <'iilli him )>* iitiiili' In niir di' lillllld. I llMVI' llll'll'lnl I' diM|llllr|H'l'i!ll m('Nsi'ii|.M'r, with iiiMliiirliniM In mir iiiiiiinliT In li|'ill|.t till' riisi' ((|in> iiiiiic III lii'j riiiiuidri'iitinil, llio CntlKlilll Ii iiml jIldlM'M nl" wlinl iw |p|n|ir|' In III' dniio vvllill ni'(i,iilintinii I'ni r)'iln"..M III' iiijiirv I'liil'^'. "'I'lii' oniirliiMinii III' n Iniilv jiir iiidiiiiiiit^^' Vvilll l''limi'r, 'I'l mrd In inri'iil 11 I'iiviii'mIiIi' ii|) I'lirliiiiil y III ri'iii'w mir rlniiiiM nl' n Himiiiii' niiliiri' nil nllii'i' jiiiwi'iM, Mild |iiii'liriilnt'ly ill llii> niMi' nl' IImi'Ji' il|inil Nn|itrM; mnii' i";|M'ciiiliy iih, in llio niiir II' nl' (nriiii'i ni '^:nl iiil iniH with Hint |in\vi'r, mil' rniliiro in iiidiii'i' l''iiiiiri' In niidi'i' iim jiiHliri' wiH iiHi'd iw iiii in|;iimriil iii'.niii'^l iim, 'Ihr di'^ii'H III' till' mi'K'liiiiilH whn wri'i' till' |ii'iii('i|inl 'lllH'irlH, hnvo llli'lrrnii' I n lli'ci'ilrd In. Illid II iiiiMsinii liiiH hii'ii iimliliiti'd I'nr Ihi' F<|ir('iiil |inr post' ornlilnininn I'nr Ihrm ii ri'pniiilinii iilniidy ion Inii^; dclnyril. 'I'lii-^ nii'ii^ni'i' linviii^c Ihtii ri'snlvi'd nn, il wiim put in cMTiitinn williniit. xviiiliiin' I'nr till' mi'cliii)^ nj' ( 'niinifsH, lirniiisii' lhi> mIiiIo oI I'liiinpi' ni'iili'd nn iippi'ilicn'^inn nf ovoiitM liint mi|;lit liiivc rciidoi'od our np|iliriilion inoH'i'i'tiiid. " t)iir ilomiiiidM ii|inn Hio noviTiimont or Iho Two Sicilii'H an" nC n pci'iiliiir iiatiiri'. 'I'lio in- jiirioM on wliioli Hioy nro rnnndi'd iiro iinl. di'iiird, imi' iii'o Iho alrncily and pnlldy iiiidrr wliiili llinso injnrioM woio poipi'tialrd alliinplcd to he oxtciniatcil. 'riic moIc urniiiid on vvliioh iiidciii nily hiiM licon rol'iiscil is llio alli'^;nl ill('(.';ality nl" Iho tonni'o hy wliirh llic mnnan'h wlin madi' llio soiziiroM hold his nnwii. 'I'hiM ijoronco, ahvayH nnroiiiidod in any prinoiplo of Iho law nrnnlioim — now iniivorsiilly aliaiidnnod, oven liy Hinsi' powiTM upon whom Iho rospniisiliilily I'mnolsor past, nilors hnn> (ho nmst heavily, will iiiii|noH- tionahly ho f!;ivon up hy his Siiilian .Miijosty, whoso ooimsols will roooivo an impiilso IVnni that, hifih Konso of honor and ro/fard tn jnslico whioh aro said tooharaolori/.o him ; and I loci tho Ciillost conlidonoo that llio taloiits of Iho oili/.on onni- inissionod Cor that, pnrposo will plaoo hoforohim (ho jiisl olaims oroiir injnrod oiti/.ons in such a light as will onahio mo, hoforo yoiir adjournmonl. to annoimoo that thoy have hooii adjus(<'d ami soonrod. Piociso instrwotions, to Iho olloot of hringiii)!; tlu' nonotiation to a sjioody isHiie, have been given, and will ho olieyod. " 111 tho lato lilookado nl' Torooira, Kome of the roringiK'se lieot captured several of our vessels, and committed other exeesseH, for which repa- ration was demanded ; and I was on the point of dispatching an armed force, to prevent any ifciiiiMicc of n ^■illlilal■ vinlinri' nnd prnlifl niir rili/,rl|M ill Hie lil'ioi rillimi nC llicir tiiwtnl enm- lili'M'o, wIhii nllli'iill M''- ilintioi M, nil whii'li I n liid, lliinli' IIpo Miililii^ nC Hli' Klilp'! niiiiif'cxuiil y. Sllifo llinl pi lind, Cii'ipirtil pi iiiiiiMi ^ liMve liiiti tiind'i (hill i'lill iiidi'iiiiiily xlinll In' (riven I'nr llio iiijurii'K iiillii'li'd mid III)' In^xcM Kii>'liiiiii'i|. In Hie pi r- Ini'iMiiiin- Hull' hiiM liciii Mipiiii', jn'rhnpn Ulmvnid- iililo, diliiy ; h'll I liiivi' till' Cnllinl cnnlldi iioo Hull my miiih'hI di>iri' Hint Ihi'i lni^inii-M iimy nt niiri' III' rinui i|, vvliiili mir liiini^ilei hliM liiMi iiihl I mil d Hlrniij(|y In i'K|iri '"'i, will very ("iimi Ixi ('inlilli'd. I liavo llii' lnttrr (/rmiin for l^iid linpo, frmii llio ovidiiirc nf (I friiiidly «l '|i4 of iiiivi('iitiori and Irndo, given Inlhe iiiokI fiivniod iialinn ; hut it liiiH lint yi'l siiili'd llioir policy, nr pel Imps han lint heeii I'mind cnnvi'niciit fr of that law have not been deemed such as were adequate to that relief to this unfortunate class of our fellow-citizens, which may bo safely ex- tended to them. The points in which the law ap|)oars to be defective wi!! he particularly com- municated by the Secrctarj' of the Treasury : and I take pleasure in recommending such an exten- sion of its provisions as will unfetter the enter- prise of a valuable portion of our citizens, and restore to them the means of usefulness to tliem- selves and tho community." Recurring to his previous recommendation in favor of giving the election of President and Vice- President to tho direct vote of tho people, the message says : " 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 tho former to a single term. So important do I consider the.se changes in our fundamental law. that I cannot, in accordance with my sense of duty, omit to press them upon the consideration of a new Con- gress. For my views more at large, as well in relation to these points as to the disqualification of members of Congress to receive an office from a President in whoso election they have had an official agency, which I proposed as a substitute, I refer you to my former messages." And concludes thus in relation to the Bank of the United States : " Entertaining the opinions heretofore express- ed in relation to tho Bank of the United States, as at present organized. I felt it my duty, in my former messages, frankly to disclose them, in or- der that the attention of the legislature and the people should be seasonably directed to that im- portant subject, and that it might be considered and finally disposed of in a manner best calcula- ted to promote the ends of the constitution, and subserve the public interests. Having thus con- scientiously discharged a constitutional duty, I deem it proper, on this occasion, without a more particular reference to tho views of the subject 214 THIRTY TEARS' VIEW. v.t^m 'H ^} ^\ 'I then expressed, to leave it for the present to the investigation of an onlightcnd people and their representatives." CHAPTER LIX. REJECTION OP MR. VAN BUREN, MINISTER TO ENOLiVND. At the period of the election of General Jackson to the Presidency, four gentlemen stood prominent in the political ranks, each indicated by his friends for the succession, and each willing to be the General's successor. They were Messrs. Clay and Webster, and Messrs. Calhoun and Van Buren ; the two former classing politically against General Jackson — the two latter with him. But an event ooon occurred to override all political distinction, and to bring discordant and rival elements to work together for a common object. That event was the appointment of Mr. Van Buren to be Secretary of State — a post then look- ed upon as a stepping-stone to the Presidency — and the imputed predilection of General Jackson for him. This presented him as an obstacle in the path of the other three, and which the inter- est of each required to be got out of the way. The strife first, and soon, began in the cabinet, where Mr. Calhoun had several friends ; and Mr. Van Buren. seeing that General Jackson's ad- ministration was likely to be embarrassed on his account, determined to resign his post — having first seen the triumph of the new administration in the recovery of the British West India trade, and the successful commencement of other nego- tiations, which settled all outstanding difficulties with other nations, and shed such lustre upon Jackson's diplomacy. He made known his de- sign to the President, and his wish to retire from the cabinet— did so — received the appointment of minister to London, and immediately left the United States ; and the cabinet, having been from the beginning without harmony or cohesion, was dissolved — some resigning voluntarily, the rest under requisition — as already related in the chap- ter on the dissolution of the cabinet. The volun- tary resigning members were classed as friends to Mr. Van Buren, the involuntary as opposed to him, and two of them (Messrs. Ingham and Branch) as fiiends to Mr. Calhoun; and be- came, of course, alienated from General Jackson. I was particularly grieved at this breach between Mr. Branch unrl tiie President, having known him from boyhood — been .school-fellows together, and being well acquainted with his inviolable honor and long and faithful attachment to Gene- ral Jackson. It was the complete extinction of the cabinet, and a new one was formed. Mr. Van Buren had nothing to do with this dissolution, of which General Jackson has borne voluntary and written tcstimonj', to be used in this chapter; and also left behind him a written account of the true cause, now first published in this Thirty Years' View, fully exonerating Mr. Van Buren from all concern in that event, and showing his regret that it had occurred. But the whole catastrophe was charged upon him by his political opponents, and for the unworthy purpose of ousting the friends of Mr. Calhoun, and procuring a new set of members entirely de- voted to his interest. This imputation was ne- gatived by his immediate departure fiom the country, setting out at once upon his mission, without awaiting the action of the Senate on his nomination. This was in the summer of 1 S3 1. Early in the ensuing session — ^at its verj' com- mencement, in fact — his nomination was sent in. and it was quickly perceptible that there M'as to be an attack upon him — a combined one ; the three rival statesmen acting in concert, and each backed by all his friends. No one outside of the combination, myself alone excepted, could believe it would be successful. I saw they were masters of the nomination from the first day, and would reject it when they were ready to exhibit a case of justification to the country : and so informed General Jackson from an early period in the ses- sion. The numbers were sufficient : the difficulty was to make up a case to satisfy the people ; and that was found to be a tedious business. Fifty days were consumed in these prelimi- naries — to be precise, fifty-one ; and that in addition to months of preparation before the Senate met. The preparation was long, but the attack vigorous; and when commenced, the business was finished in two days. There were about a dozen set speeches against him, from as many different speakers^about double the num- ber that spoke against Warren Hastings — ajid but four off-hand replies for him ; and it was evident that the three chiefs had brought up all their friends to the work. It was an unprece- dented array of numbers and talent against one ANNO 1832. ANDREW JACKSOX, PRESIDENT. 215 icli between ,'ing known ws together, is inviolable tnt to Gcnc- ■xtinction of led. do with this an has borne be used in iin a written st published exonerating n that event, currcd. But upon him by lie unworthy Mr. Calhoun, rs entirely de- ation was nc- ire from tho 1 his mission. Senate on his mner of 1S31. its very com- n was sent in. t there was to ined one; the cert, and each outside of the , could believe were masters .y, and would exhibit a case id so informed [iod in the ses- thc difficulty fe people; and iincss. these prelimi- and that in in before the long, but the imcnccd, the There were him, from as lublc the num- jlastings — and and it was rouglit up all Is an unpiece- t against one individual, and he absent,— and of such amenity of manners as usually to disarm political oppo- sition of all its virulence. The causes of objection were supposed to be found in four different heads of accusation ; each of which was elaborately urged : 1. The instructions drawn up and signed by Mr. Van Buren as Secretary of State, under the direction of the President, and furnished to Mr. McLanc, for his guidance in endeavoring to re- open the negotiation for the West India trade. 2. Making a breach of friendship between the first and second officers of the government — President Jackson and Vice-President Calhoun — for the purpose of thwarting the latter, and helping himself to the Presidency. 3. Breaking up the cabinet for the same pur- pose. 4. Introducing the system of " proscription" (removal from office for opinion's sake), for the same purpose. A formal motion was made by Mr. Holmes, of Maine, to raise a committee with power to send for persons and papers, administer oaths, receive sworn testimony, and report it, with the committee's opinion, to tho Senate; but this looked so much like preferring an impeachment, as well as trying it, that the procedure was drqiped ; and all reliance was placed upon the numerous and elaborate speeches to be delivered, all carefully prepared, and intended for publica- tion, though delivered in secret session. Rejection of the nomination was not enough — a killing off in the public mind was intended ; and therefore tho unusual process of the elaborate preparation and intended publication of the speeches. All the spsakcrs went through an excusatory for- mula, repeated with equal precision and gravity ; abjuring all sinister motives ; declaring them- selves to be wholly governed by a sense of public duty; describing the pain which they felt at arraigning a gentleman whose manners and deportment were so urbane ; and protesting that nothing but a sense of duty to the country could force them to the reluctant performance of such a painful task. The accomplished Forsyth com- plimented, in a way to be perfectly understood, this excess of patriotism, which could voluntarily inflict so much self-distress for the sake of the public good ; and I, most unwittingly, brought ilie misery of one of the gentlemen to a sudden and ridiculous conclusion by a chance remark. It was Mr. Gabriel Moore, of Alabama, who sut near me, and to whom I said, when the vote was declared, -'You have broken a minister, and elected a Yicc-Presider.l." lie asked how? and I toll! hill the people would see nothing in it but a combination of rivals against a competitor, and would pull them nil down, and set him up. " Good God ! " said he, ' ivhy didn't you tell me that before I voted, and I would have voted tho other way." It was only twenty minutes be- fore, for he was the very last speaker, that Mr. Moore had delivered himself thus, on this very interesting point of public duty against private feeling : " Under all the circumstances of the case, not- withstanding the able views which have been presented, and the impatience of the Senate, I feel it a duty incumbent upon me, not only in justification of myself, and of the motives which govern me in the vote which I am about to give, but, also, in justice to the free and independent people whom 1 have the honor in part to repre- sent, that I should set forth the reasons which have reluctar.tly compelled me to oppose the confirmation of the present nominee. Sir, it is proper that I should declare that the evidence adduced against the character and conduct of the late Secretary of State, and the sources from which this evidence emanaten, have made an impression on my mind that will require of me, in the conscientious though painful discharge of my duty, to record my vote against his nomina- tion." The famous Madame Roland, when mounting^ the scaffold, apostrophized the mock statue upon it with this exclamation : " Oh Liberty ! how many crimes arc committed in thy name !"■ After what I have seen during my thirty years of in:^ide and outside views in the Congress of tho United States, I feel qualified to paraphrase tho apostroplie, and exclaim : " Oh Politics ! hovr much bamboozling is practised in thy game!" The sjeakcrs against the nomination were Messrs. Clay, Webster, John M. Clayton, Ewing of 0' -o, John Holmes, Frelinghuysen, Poindex- ter. Chambers of Maryland, Foot of Connecticut, Goveruoi" Miller, and Colonel Ilayne of South Carolina, and Governor Moore of Alabama— just a dozen, and equal to a full jury. Sir. Callioun, as Vice-President, presiding in the Senate, could not speak ; but he was understood to be per- sonated hy his friends, and twice gave tho casting vote, one interlocutory, against the nomi- nee — a tic l)eing contrive■- ■ t f ii it ill proper for tJic purpose of corrcctinp; the erro- neous impressions which have prevailed on this subject." I A testimony more honorable than this in be- half of a public man, was never delivered, nor one more completely disproving a dishonorable imputation, and showing that praise was due where censure had been lavished. Jlr. Van Buren was not the cause of breaking up tho cabi- net, or of making dissension between old friends, or of raking up the buried event in Mr. Monroe's cabinet, or of injuring Mr.' Calhoun in any way. Yet this testimony, so honorable to him, was never given to the public, though furnished for the purpose, and now appears for the first time in print. Equally erroneous was the assumption, taken for granted throughout the debate, and so exten- sively and deeply impressed upon the public mind, that Mr. Calhoun was the uniform friend of General Jackson in the election — his early supporter in the canvass, and steadfast adherent to the end. This assumption has been rebutted by Mr. Calhoun himself, who, in his pamphlet against General Jackson, shows that he was for h hiiscif until withdrawn from the contest by Mr. Dallas at a public meeting, in Philadelphia, in the winter of 1823 — 4; and after that wfis pcrfccthj neutral. Ilis words arc : " When vnj name was withdrawn from Ihe list of presi- dential candidates, I assumed a 'perfectly neu- tral position between Gen. Jackson and Mr. Adanis.^^ Th's clears Mr. Van Buren again, as he could not make a breach of friendship where none existed, or supplant a supporter where there was no support : and that there was none from Mr. Calhoun to Gen. Jackson, is now au- thentically declared by Mr. Calhoun himself. Yet this head of accusation, with a bad motive assigned for it, was most persevcringly urged by his friends, and in his presence, throughout tho whole debate. Introducing the " New- York system of pro- scription" into the federal government, was the last of tbo accusations on which Jlr. Van Bu- ren was arraigned ; and was just as unfounded as all tho rest. Both his temper and his judg- ment was against the removal of faithful offl- cers because of difference of political opinion, or even for political conduct against himself— as the whole tenor of his conduct very soon after, and when he became President of the United States, abundantly showed. The departments at AVashington, and some part of every State in tlio Union, gave proofs of his forbearance in this particular. I have already told that I did not speak in the debate on the nomination of Mr. Van Buren ; and this silence on such an occasion may require explanation from a man who does not desire the character of neglecting a friend in a pinch. I had strong reasons for that abstinence, and they were obliged to be strong to produce it. I was opposed to Mr. Van Buren's going to England as minister. He was our intended can- didate for the Presidency, and I deemed such a mission to be prejudicial to him and the party, and apt to leave us with a candidate weakened with the people by absence, and by a residence at a foreign court. I was in this state of mind when I saw the combination formed against him, and felt that the success of it would be his and our salvation. Rejection was a bitter medi- cine, but there was health at the bottom of tlic draught. Besides, I was not the guardian of Messrs. Clay, Webster, and Calhoun, and was quite willing to see them fall into tho pit which they were digging for another. I said nothing in the debate ; but as soon as the vote xvas over I wrote to Mr. Van Buren a veiy plain letter, onlj- intended for himself, and of which I kept no copy ; but having applied for the original for use in thio history, he returned it to me, on the condition that I should tell, if I used it. that in a letter to General Jackson, he characterized it as " honest and sensible." Honest, I knew it to be at the time ; sensible, I believe the event has proved it to be ; and that there was no mis- take in writing such a letter to Mr. Van Btiien, has been proved by our subseqiient intercourse. It was dated January 28, 1832, and I subjoin it in full, as contemporaneous testimony, and as an evidence of the independent manner in which I spoke to my friends — even those I was endeavor- ing to make President. It ran thus : " Your faithful correspondents will have ir- formed you of the event of the 25th. Nobody woaid believe it here until aft^er it happened, but the President can bear me witness that I pre- pared him to expect it a month ago. The public will only understand it as a political movement against a rival ; it is right, however, that you should know that Avithout an auxiliary cause the political movement against you would not have succeeded. There were gentlemen voting ANNO 1831. ANDREW JACKSON, TRESIDENT. 219 e departments every State in carancc in this did not speak n of Mr. Van in occasion may who docs not g a friend in a ;hat abstinence, ong to produce urcn's going to ir intended can- deemed such a and the party, date weakened by a residence 3 state of mind formed against it would be his IS a bitter medi- 2 bottom of tlic lie guardian of Ihoun, and was to the pit which I said nothing [C vote was over ■vy plain letter, which I kept le original for to me, on the used it. that in characterized it nest, I knew it hevc the event ere was no mis- \h: Van Buren, nt intercourse, md I subjoin it nony. and as an mer in which I was endeavor- hus: will |25th. have ir- Nobody t happened, but ess that I pre- Thc public ical movement everj that you auxiliary cause you would not utlemcn voting li against you who would not have done so except for a reason which was strong and ciear in their own minds, and whicli (it would be inijjroper to dissemble) lias hurt you in the estimation of many candid and disinteivsted people. After saying this much, 1 must also say, that I look upon this head of objection as temporary, dying out of itself, and to be swallowed up in the current and accumulating topics of the day. You doubtless know what is best for yourself, and it does not become me to make suggestions ; but for myself, when I find myself on the bridge of Lodi, I neither stop to parley, nor turn back to start again. Forward, is the word. Some say, make you governor of New- York 5 I say, you have been governor before : that is turning back. Some say, come to the Senate in i)lace of some of your friends; I say, that of itself will be only parleying with the enemy while on the middle of the bridge, and receiving their fire. The vice-presidency is the only thing, and if a place in the Senate can be coupled with the trial for that, then a place in the Senate might be desirable. The Baltimore Convention will meet in the month of May, and I presume it will be in the discretion of your immediate friends in New-York, and your leading friends here, to have you nominated ; and in all that affair I think you ought to be passive. 'For Vice- President,' on the Jackson ticket, will identify you with him; a few cardinal principles of the old democratic school might make you worth contending for on your own account. The dy- nasty of "J8 (the federalists) has the Bank of the United States in its interest ; and the Bank of the United States has drawn into its vortex, and wields at its pleasure, the whole high tariff and federal internal improvement i)arty. To set up for j'ourself, and to raise an interest which can unite the scattered elements of a nation, you will have to take positions which are visible, and represent piinciples which are felt and un- derstood ; you will have to separate yourself from the enemy by partition lines which the people can see. The dynasty of '98 (federalists), the Bank of the United States, the high tariif partj\ the federal internal improvement party, are against you. Now, if you are not agairsi them, the p( "|)le, and myself, as one of the peo- ple, can sio nothing between you and them worth contending for, in a national point of view. This is a very plain letter, and if you don't like it, you will throw it in the fire ; con- sider it as not havik.f; been written. For myself, I mean to retire upon my profession, while I have mind and body to pursue it ; but I wish to see the right principles prevail, and friends instead of foes in power." The prominent idea in this letter was, that the people would see the rejection in the same light that I did — as a combination to put down a rival — as a political blunder — and that it would work out the other way. The same idea prevailed in England. On the evening of the day, on the morning of which all the London newspapers heralded the rejection of the Ameri- can minister, there was a great party at Prince Talleyrand's — then the representative at the British court, of the new King of the French, Louis Phillippe. Mr. Van Buren, always mas- ter of himself, and of all the proprieties of his position, was there, as if nothing had happened ; and received distinguished attentions, and com- plimentary allusions. Lord Aukland, grandson to the Mr. Eden who was one of the Commis- sioners of Conciliation sent to us at the begin- ning of the revolutionary troiibles, said to him, "It is an advantage to a public man to be the subject of an outrage " — a remark, wise in itself, and prophetic in its application to the person to whom it was addressed. lie came home — ai)pa- rently gave himself no trouble about what had happened — was taken up by the people — elect- ed, successively, Vice-President and President — while none of those combined against him ever attained either position. There was, at the time, some doubt among their friends as to the policy of the rejection , but the three chiefs were positive in their belief that a senatorial condemnation would be politi- cal death. I heard Mr. Calhoim say to one of his doubting friends, " It will kill him, sir, kill him dead. He will never kick sir, never kick ; " and the alacrity with which he gave the casting votes, on the two occasions, both vital, on which they were put into his hands, attested the sin- cerity of his belief, and his readiness for the work. How those tie-votes, for there were two of them, came to happen twice, " hand-running," and in a case so important, was matter of marvel and speculation to the public on the outside of the locked-up senatorial door. It was no mar- vel to those on the inside, who saw how it was done. The combination had a superfluity of votes, and, as Mr. Van Burcn's friends were every one known, and would sit fast, it only re- quired the superfluous votes on one side to go out ; and thus an equilibrium between the two lines was established. When all was finished, the injunction of .secrecy was taken off the pro- ceedings, and the dozen set speeches delivered in secret session immediately published — which shows that they were delivered for effect, not upon the Senate, but upon the public mind. The whole proceeding illustrates the impolicy. ■rfT ' •( 220 TIIIUTY YKAUS" VIKW. li. M^r nw «(iu'li nllicr, und onirios n winiiiiip: n1on)j; willi it wliicli rI\(• lost As 1111 cviMit iiircotiiin- tlio most niiiiuMit puMic won i>l'tlu> >inn ooin- iiKMvi.'il ()iuvstioiiH -n.s l)oloii;iiii)v to liistorv. nml nli-o.'uh oiinioii into it l>y tlio siMiiitoriiil di'lmlos — IIS n koy t<> niiUH^K tlio tiioiininp; of otlu>r oou- t\\h'{ — 1 (loom tliis iirt^Miiit of the wkiki tion of Mr. Villi Hiii-<>n n mHVssiuy npiiomlniyo to tlio sott1on\o«t of tho Uritish Wost Iiidin ti*ml»Mpu'H- tion— i\s nil net of justirc to (Jouorul .IncKsitn's n(1n\iiiistr;itioii ((lio whoU" of wliioh wns involved in tlio iviisiin> tluMi ('list upon )iis Soowtary of Stnfo\ nnd ns n siinlx'iun to illnniinnto tho lnl>y- riiith of otluT loss pnlpnblo oonoiitonntion!«. OUArTKU LX. BANK or riii' \NVVKn sTvrrs h.i.kdm, and VUMOrs illiKKNCY. In his lirst annual mossujiv, in tho your 1S20, Pn^sidont daokson, Ivsidos oallinji' in quoistion tho \nu\in'intos(od hy tho Hank and its ailvooatos, and 1 folt mysolf hiMind io mako an oooasion to shcnv it (o Iv woll fonndoil, ami to a givator o\- ton( llian iho l^vsidont had intimatod. It had in taot issnoil an illopil ami vicious kind nf papor — .luthorizod it to Iv issiiod at all tho hranohos — in tho sha^v of drafts or ordors payahlo in rhiladolphins but voluntarily j^aid whoro issuod, and at all tho hranohos : and so mado into a Kx"a1 ournMio\ . and const itutiuir the mass of all its jv^vr s get at tho i]nostioti <>f this vieious ourrenoy was the same as thnli pursued to got at the ipiostion of the non-re- newal of the charter — imniely. an aiiplioation for leave to bring in a joint resolution deelaring it to bo illegal, and ordering it to bo suppressed ; an. Thi' object of his resolution was judicial, not jiolilieal ; Hud ho had treated the senators not as (Munst-llois. but asjudge-^, lie had conversed with no one. neither tViiMid nor adversary : not through eon- tempt of conusel. or fear <^f oppi>sitioii, but from a just and viguons ivgard to decmnni and \)\o- l>riety. His own opiniiui had been made np through the i-old, unadulterated process of legiil ivsearch ; and he had done nothing, and Mould do nothing, to pivvenl, or hinder, any other sena- tor tV^an ]iolitics, could tind no place; and in the progress of which every sonaloi- would feel hiiu- self retiring int.> the judicial otlice — becoming ' one of the jiidirr.f srlnli — and searohing into ■ the stoivs of his own legal knowleilg<\ for tho judgment, and tho reasons of tlic judgment, which he must give in this gn^il cause. in which a nation is the party on one side, and a great mtuieyod corporation on tho other. He |Mr. 1?.) believed the currency, against which his ivsolu- ; t ion was dirivtrtl. to be illegal and dangerous; I and so bolievi ■'. it had long Wen his detcrniina- tiou to bring the tpiostion of its logiility before the Senate and the people; and that without re- gard to the ]iowerful n<^sing himself. He had adopted the form of a declaratory resolution, be- , cause it was intended to declare the true sense of tho charter nixiu a disputed jioii.t. He uu\ile his resolution joint in its ch.ir.ioter. that it might ANNO IHil'i. ANIHtKW .IA(!KH<)N, rUI';MII»KNT. 221 Mionlrcti. wlio HI, iihvnvn "f y Hhonld lrii'l>. 'I'tu'ti |o\v»m1 (hf fx- )i(. '\'\\r Uiit- Vnnil. MHil ^^^l|'- . Tlmt imHiii- y '\w\\v{\ lit <'IK> n( Iboinu'stion < 81(1110 as llmtr nf 11\o iion-rc- lui ix|iin Itition (UvlsniiiR lie siin|in'ss»'(i ; tin- reasons for in II njMH'oh of irts: i> lolirinjr i" 'lis of ihiM'inTcncv. for tlio li'iivo lio \-tinp. cr constill- |l\t(\ 'fill' ol'itM't lit jiolitical ; smkI !\s o>\n)sollois, 1 Willi no om>, t thioiifih con- ilion, Imt from oi-nn\ )\w\ yyo- boon notio up ^iroooss of loirivl liuiT, «n(l wonltl nny other ^ion!\• ;i in tlio s!»nu' i1i('s.(-snooii\lly iiiv ; anil in ll>«? \vo\il(l IW'I hini- tlioo — liroouiinu; soaivhinsi into invlotlux\ for the the jniiiiinont, oanse. in \v\\iol» do, ami a jiroat •. UolMr. H.l lioli his ivsi^ln- and dansrorons ; n his dotovnnna- s lopihtx boforo that without ir- it. to tho ilVoots limsolf. Ho had •V resolution, ho- tho true son>o Miii.t. lie made or. that il might f have the notion of lioHi Ilniist"* of (JonnroHH; iind Hin^le in ilM ohjeot, llinl. tho iiiMiii doHi^ii iiii)(lit not. 1)0 oinharrasHod with minor |iro|H)Milii)iiM. 'rhi> form of tlio roHohilion ^nvo him ii ri^lit to kIhIo hiM roaNoiiM for iiHkin^ loiivo to hrin^ it in • the ini|iorlanoo of it ronniicd Ihos" roasoiiHlo ho oioarly Htulod. Tlio Senato also, lam ilw ri^hlH and ilM dnIioH. It. Ih the rigid of Iho Sonalo anil House of HoiiresonlativoH. as tho fonndor of Iho hank oorporation, to oxninino into tho regularity of it'< |iroeoodinp;H, and to take eoj^nizanoo of the inlVaelions of ilH ohartor; and this rigid. Iiiih ho- ('(une a duly, sinoo Iho very trihnnal noIooIoiI hy Iheohnrter to ti'v thosoin^iaetionH had tried IIii'm very (iiioHlion, and that wilhonl the formality of a siiir Jiirids or Iho presenoe of the adverse party, ami had given Judgment in favor of thooor- poraliou ; a deeision wliioh ho |,Mr. ll.J waseoni- pol led, hy the strongest oonviel ions of his judgment, to oonsider hnlh as oxtrajudieial and erroneoiis. "Tlie rosojutionj oonlinued Mr. 11., which I am asking lonvo to hrmg in, o.\prosses iln own oh- jeol. It di'olaros against the legality of llie.so orders, AS A ci'iiiii'.M V. It iHlheeurreiiey which I arraign. I make no impiiry, (i)i' I will not om- liarrass my snhjoct with irrelevant and iniiiia- lerial impiirios — I inako no impiiry into tho niodes of eonlraci and paMiieiil wiiich are per- milled, or not permitted, lo Iho Itank of Iho Iniled States, in the conduct of its private deal- ings and individual transactions. i\ly husinos.s lies wilh the currency ; for, hot ween piihlic cnr- renoy and private dealings, the charier of the hank has made a dislinolion, and that fonndod il. the natnro of things, as hroad as lines can diiMV, and as ch'ar as words can express. 'I'ho cm ronoy concerns Iho laihlio ; anil tli<' sonmlnosH of thai ciirroncy is taUoii nndrr the particular gnartlianshipof tho charier; a .special code of law is enacted for il : private dealings concern indi- viduals: and it is for individuals, in making their hargains, to take oaro of their own intoiesl.s. The charter of Iho Hank of the I'liitod Slates has aulhorizod, hut not regnlaled, cerlain private dealings of tho hank ; it is full and explicit upon tht> regulation of currency. I'pon this distinc- tion 1 take my stand. I oslahlish myself upon tho hrnad and clear dislinclioii which reason makes, and tho chaiter saiiclions. I arraign the oniToncy! 1 eschew all iiiipiiry into tho moilos of making hargains for the sale or purchase of hills of o.Nchange, hnying and selling gidd or sil- ver hullion, building hou.ses, hiring olliceis, clerks, and servants, purchasing necessaiio.s, or laying in supplies of fuel and stationer^'. " I. I object to it because il authori/.es an is- ,siie of cm irucy upon coiiNlniiiioii. The issue of currency, sir, was the great and main business for which tlio bank was created, and which it is, ill the twelfth article, expressly authorized to perform ; and 1 cannot pay so poor a compliment to the nndorstandings of the eminent men who iVanu'd that charter, as to suppose that Uiey left ihe main bnsiiu'ss of the hank to be found, by construction, in an indoiH-ndent phrase, and that phriiMo to ho fomi'l but onco in tho whole char- tor. I cannot compliment their nndeistandin^H wilh lh(> snp|ioKition that, after having anthor- i/od and definod a onrroncy, and suhjeclod it to immeronH roslriclioim, tliov had lolt open tho door to the is>sno of another sort of cm leiicy, niMin construction, which should Hii|iorHodo tlin kind they had presci ihod, and be free from every rostriclion to which tho proscribed onrroncy was siibjoct. " liol nn rocapitnlate. f.ot its huiii up tho poinlH of incompalibiiity botwoeii the rhaiaolorislios of this currency, and the ro(|iiiHiloH of the charter : lot im gron|i and oonlniHl tla; fiighlfnl fealurcH of their llagrant illegality. 1. Ari^ they signotl by till- proHidont of tho hank and his principal ciishior ) 'I'hoy aro not! li. An- they tinder the coriiorato seal 7 Not at all! .".. Are they drawn in Ihe name of tho curpoialion 7 Ity no moans! •\. Aro tlioy Ntibjoet to Iho double lim- itation of lime and amount in ciiko of credit? They are not ; they may ojc«;eod sixty ilays' tiiiK^, and bo loss than one hnndiod dollaiM ! f). Aro they limited to tho niinimnm sixe of livo dollars / Not at all ! (\. Aro they siibjoot to the supervision of the Sociolary of the TreiiKiiry 'I Not in Iho least! 7. The prohibition against suspending specie paymonls? Thoy are not siibjoct to it ! H. The penalty of double inlonHt for delayed paymont l Not subject lo it ! '.). Aro thoy payalile whoro issued V Not at all, neither by their own terms, nor by any law applicable lo thoin! |t>. Are they payable at other branohos 7 So far from it. that they wiio invented to avoid such payment ! i I. Ai'o they transferable by delivery 7 No; by imloise- iiiont ! 12. Aro they receivable in payment of public duos 7 S(( far from it, I hat tla^y aro twice ex- ping payment at the end of two years. Mr. Cheves then came into the presidency ; he stopped the issue of Southern and Western branch paper, and saved the bank from insol- vency ! Application was then made to Con- gress to repeal the fourteenth section of the charter, and thus relieve the bank from this obligation to cash its notes every where. Con- gross refused to do so. Application was made at the same time to repeal a part of the twelfth fundamental article of the constitution of the bank, for the purpose of relieving the president and principal cashier of the parent bank from the labor of signing the five and ten dollar notes. Congress refused that application also. And here every thing rested while ]Mr. Cheves continued president. The Southern and West- ern branches ceased to do business «s 6a hA's; no bank notes or bills were seen but those bearing the signatures of the president and his principal cashier, and none of these payable at Southern and Western branches. The profits of the stockholders became inconsiderable, and the prospect of a renewed charter was lost in the actual view of the inactivity and uselessness of the bank in the South and West. Mr. Cheves retired. He withdrew from an institution he had saved from bankruptcy, but which he could not render useful to the South and West ; and then ensued a set of operations for enabling the bank to do the things which Congress had re- fused to do for it ; that is to say, to avoid the operation of the fourteenth section, and so much of the twelfth fundamental article as related to the signature of the notes and bills of the bank. These operations resulted in the inventiop of the branch, bunk orders. These orders, now flooding the country, circulating as notes, and considered every where as gold a'-;l silver (be- cause they are voluntarily cashed at several branches, and crroneoushj received at every land office and custom-house), have given to tlie bank its present apparent prosperity, its temporary popularity, and its delusive cry of a sound and uniform currency. This is my nar- rative ; an appalling one, it must be admitted ; but let it stand for nothing if not sustained by the proof. " I have now established, Mr. President, as I trust and believe, the truth of the first branch of ray proposition, namely, that this currency of branch bank orders is unauthoriz-ed by the charter, and illegal. I will now say a few words in support of the second branch of the proposi- *.ion, namely, that this currency ought to be suppressed. " The mere fact of the illegality, sir, I should hold to he siifllcient to justify this suppression. In a country of laws, the laws siiould bo obeyed. No private individual should bo al- lowed to trample them under foot ; much less a public man, or public body ; least of all, a great UK. .eyed corporation wielding above one hun- dred millions of dollars per annum, and boldly contend! ig with the federal government for the sceptre of political power — monrij is power! The Bank of the United States possesses more money than the federal government ; and the question of power is now to be decided between them. That question is wrapped up in the case before you. It is a case of clear conviction of a violation of the laws by this great moneyed corporation ; and that not of a single statute, and by inadvertence, and in a small matter, which concerns but few, but in one general, sweeping, studied, and systematic infraction of a whole code of laws — of an entire constitution, made for its sole government and restraint — and the pernicious eifects of which enter into the revenues of the Union, and extend themselves to every moneyed transaction between man and man. This is the case of violated law which stands before you; and if it goes unjuinished, then do I say, the question of jiolitical power is decided between the bank and the government. The question of supremacy is at an end. Let there be no more talk of restrictions or limita- tion in the charter. Grant a new one. Grant it upon the spot. Grant it without words ! Grant it in blank ! tosr.ve the directors from the labor of re-examination ! the court from the labor of constructions ! and yourselves from the radation of being publicly trampled under foot. "I do insist, Mr. President, that this currency ought to be suppressed for illegality alone, even if no pernicious consequences could result from its circulation. But pernicious consequences do result. The substituted currency is not the equivalent of the branch bank notes, whose place it ha.s usurped : it is inferior to those notes in vital particulars, and to the manifest danger and loss of the people. " In the first place, these bianch bank orders are not payable in the Stat(S in which they are issued. Look at them ! they are nominally payable in Philadelphia ! Look at the law ! It gives the holder no right to demand their contents at the branch bank, until the order has been to Philadelphia, and returned. 1 lay no stress upon the insidious circumstance that tliese orders are now paid at the branch where issued, and at other branches. That voluntary, delu- sive payment may satisfy' those who are willing to swallow a gilded hook ; it may satisfy those who arc willing to hold their property at the will of the bank. I or my part, I want law for my rights. I look at the law, to the legal rights of the holder, and say that he has no right to demand payment at the branch which issued the order. The present custom of paying is voluntary, not compulsory ; it depends upon the will of the bank, not upon law ; and none «»<] TmUTY MARK VIIW \\u{ (\ri\n)'< run rri|nin<, or kIi\uv'« milxnH Id, n )ii\iil. 'Dio \i'li> inrnsnivi' |tnl nii rinl In flm frn.nv n\ \\\\\. nicpo oniric ivrn it.ltnillinu rliiiil. r mi.l lot |lii> i ».Hi(v ..f )»i.' ivni.'tiv In (•inn (it l>«' It'i'iil, nw i>iil\ iiinMlii\n nii.l (I'l/'o.. ...iW. >',,:/!/. I -1 lli.- I.,hIv oj "P ''I '""'"' iit^-lil'tli'Mi^* »>i'l I'Hvnl.- ImhiU.'Im In Jill' i'iii«iM>mi«i\)ii>l I'lt lit ri\itiiili'l|>lni« l"> I'll till' llii' Siiilci, iinil Ikhimih' nil nltnm' wlilcli n'tjiiiri'i lOiiuip' fitr ll\o Bnuill onliTu ; inri'i'liiinlN «ill nn) |.\(iiii||(i,in, irniil lluMii ; lln'\ XMMiliI MH soiin i't»n\ np Mh' lli\> rlnliiili't|i|>in ; I'nf I'll' ImiiK wiiiilil ion'«i)',i> tlicm 111 mill ir()ii'> «liil Tlu'-t' hhIcim i»i>' I'liv lite riiindiTN; mill it 11 iniiilc (In' iiili'ii'»< iiii'l llio (iiijii'v I'l' iiii'iiliiinl'* 111 Ii'H\i' lliriii III liiinii' mill |:iKi' It liill nl" i'\i'liini)',v i»l ii iiniiiinul )iM'miiMii HimKi'is nlinu' «ill i'm r nu r\ iIhiii, j mill (lin( ii'' (lu'ir nwn, iiOrr Inning lliriti mil ol* (ho li!*!!.!'. i>r ()ii< jiciiplo III 11 ilisi'unnl llxi'il li_v (liiin>.rl\V'<. ! " Tliin iiMilriviuuii, Ml. l'i"('Hiili'ii(, of Ksiiln|v IvinK |v.|iir •il inio plui't', |m\:ilili' til iniiilliiT mnl !l ilis(:liil I'l.iri', is iiiil n III'" lliill", niiilrr Ilii' siin ; Iml iix •^iii'i'i'^h, il' il i«iii'i'i'riN li-io, will lii> « iiiw (Iniiu ill till' liistin-y iif l'!ii\Kii»^',. Tliii^ iMiilnviiiuN', i«ir, is 111' KiiiM|n'(iii ininin. \i ln'uiiii (n SiMlliiuil MHiii' xi'.'ii'M »nii, >Ml)i II IviiiIm'I' in' J/vn/i (••),« liii i,«Mi«'il |inMiiixHor\ noli"* |i.'i\i» Ml' in /..I hl,'-i. '\'\wn Ow lliniK ol' In'liiinl sii lu'i |i|-:ini'ln"< ill Ni'ii.'.', ( 'I'f -V, mill /^/^^^7, ill tin- '..iiiii' «i'i-K ; mill llii'x ni!iili' (lii'ir luimi'h iiii(('>t [ p,i\ iiMi' III Ihi.'li'i. r1ii' Kiij'.li'-li ri'nn(r\ litiiiKors i.mK ilio linil, iiiul put mil tlu'iv iinlcs pnyiilili' in l.-'il- Till' iinvi ot' tliv'M' noil's «i'ivol'] ilio vinillrr ili-noininiiliiMis, 0110 ov (wo piuimls •■ti'ilm;'. ronx'sponiiino witli imiv (iv>> iiiiil Irii iloll.ir ovitiTs; siu-li tis \\i-i\> Imniili'il l'\ llio lil'i'iuij; il.'i'o.V'*. .iiiil will! riiiil.l iii'Xi'i- i'.iu\ ('ii'in (o /.,";. /.I', .'iHil />■<,'>/;) to ili'iw.'iiiii (lu'ir iMnlini-^. At tliis point (lio Uvilisli Inipoii.il (\u-liMiiuMi( took iMcnir.'iiiiN' of (lio iiiiidov; livstt'il tho isvno ol" mii-Ii notos as a vioious piai'iiiw \iolali\v of ll>o x«'r\ ru--t iili-n of n voun.l onin-nov, aiiiJ iviitii'ul.ul} il:>i\i:\'iMUs to (!io l;iKNvin;;- ola>sos. I'lio pavlianu'iit s\ip jMv-soil tlio praolnv. This all liapiviiiil in (lio yoar IS'^ii; anil now tins pnu'tiiv, thus snp- pivssoil in /.'wi'7.> )./, vVivV/i> il/. aiiil Itvlitnil, is in t'nll ojvmtion in onr X^nrjii-ii .' n\\\\ (ho ili- r»v(oi-s ol" tho Hank of tho I'nili^l Stalos aiv ' ivli-hratoil, as (ho i:ivatos( of (I'lanoiois. for piokmo: lip an illoinO prai'tiiv o( Si\>tti.-h ovir.in, aiiil pnttinsi i( into ojvration in tlio I'niloil States, aiiii tliat, (>v^, in tho vow joar in whiv'h It \v»,s snppn'ssoil in (ii>\n( UritainI" ! Ia\avo \x»s not civon to iiKnvhuv (ho joint resolution. Tlio tVioiiiis of tho Kank Iving n m.^joril} in 1I10 Sonato. n'rnsol tho inoiion. hnt toll thoms*lvos K^ul1^^ to mako lU'toiivV t"ov a onrrvivy j^i illoii-al «nd Tioions. V'nrthor disoiis- sion \r«.s stopjwl t"or that tinio; but att'Twanis, on tho quosiion of tht> nvhartor. tho illopility of this kind of onnvnoy wti5 fnl'.y ost*Mish»Hj. »n»l • clause fmt into t^H? noir charter to sup- (' II A I'TKIt l.XI. MJUOIl HI' MuN'^ |i|' nuijll \ 11 IK IN HM.AIiON 111 llli; IIVMv HI nil. I MIKII Hl'.VIKM, llllii rm,HM)i.M'. ,\Ni< Till.; rini-i v., Tiiv llml ini"i'i«pi (if Pit";iili'nl .InrKmiii, do- livi'ii'il III llic I'nniini'iii'rinriil of llio Hi'i'-jinn of IS'Jl' ."ii\ conllini'il llii' luipi"v n hifh till' ili'iiiiio- inoy hiiii pliii'i'il ill liiiii. It miin n ni<"4Mii^ii of l)i<> .It'tli'iMiniaii mIiooI, ami i«> I'KtaliKsliiil llio laiiil iiiaik'^ of pin I \ , as pailit"< wcii' «l;t'ii fnninl- I'll on pi.ni'iplc. IIh siilionl puinl « ii-^ (lio Hunk of (lie rnilcii SIhIom, niiii Ilio iion ii'ih-hiiI nlilH oliiiilor. lli'xniH opposi'd lo llio ri'iii'iMil, linlli on |:i>MiniU of ooii'^lilnlionnlily ami I'Npriiiciii'y ; ainl look (Iii'ii'aih oppoiliinily of s-o ilci'liiriii^, liolli lor till' iiili'i mill ion of (ho pi'iipli'.iiiui ol'llni insliintion. tlnil oaoli ini^tlil know wliiil llu'V hiui to 11'ly 11)1011 wiih ii'spoi'l to him. Mo saiil: " Tho oharlor of llio Hank of Ihc I'niloil SIhU'H o\pii>'s 111 IS. Ill, mill its .> ami (ho cxpodii'iioy «»f llu> law oivHtiiu: this hank iviv woll (jiii'.'^lioiu'il liy n laip' portion of our follow vil irons; ami il iiiiist So ailiniKoil hy all (hnt it has failod in Iho ^ronl oiiil of oslahlishing a iinifonn luul soiiiul oiir- ixMicy." This jvisstigv^ WHS tho grand foudiivof tlio mos- «\gv. rising alnivo jnxHXHk'nl and jndioial dooisions, gxiing hrtck to tho «>»iistitnlion and (ho ('oniidn« (ion of party on priui-iplo; and risking a oonlost at tho vMininoiuvmont of his adiniiiist ration, which a mojv politician would havo jnit olV (o Iho hist. Tho Snpivnio t.\inrt hud divided in favor of (ho iMnstitntionality of (ho institution; a do- nnvra(io l\Mign^ss, in chartering a swoiid hank, had yioUUnt (ho ijuoiiliou, both of coiistitutiouiUity ANNO \H'.\% ANKIIKW .IA(!KMoN. rUIHIHKNT. 225 nil iiiil •" •'"♦ I III' min'il.v in liim Ih'cii tnkfii ivmIi< liiinUi'iM in \v1ii«'l« nMHiiit<« XI. .MCIN HI I.ATION Kl> Kl'ATi:**. riih III .l«i'l»son, ill'- >r ()u> m"<«iiii\ i»r ,\liiil» (lie (li'inm* im II nif^Miinv of ,. |.h(iiIiIIs1hiI Hip \\^'^V Mlil'llllMnnl- illl WHS ll> nml oxi'iMlii'iii'V J V of so iliM'I;\nn|r, (H'Oplo.llll'l I'l' till' <\v wlirtt lli«7 liiiil iiii. llosiiiil: (l\.>ri\il<'ilStn(o« u»lil.M swill |> ii iiii\ilo!!,i's. In iiii; iVoiu |mri|>u V sm-li i»nn)r(Hut [uiinn- nitoii-sis, I (lio i>m(i»'s iuliT- lu> »li>lilH'rH<»' I'l'ii- |ll\ov*''M''''- ''"''* [xpoiliiMu'V «»r llu' I (jiioslionoil I'V ft 'ons ; uuil il '»»">•< Iruiloil in till' Hi'«"»^ anvl sound ovir- i<«tuivor»l\o n\os- I judiiMal iU risking n omiIosI lis rtilniinistrivtion, |\:uo i>»>t olV to tho (KviiU'il in Invor Institution; n hi'v. |M|. MmiIImiiii, ill Mioniii^ llii> liuiik rliinli'i ill IHJII, yii'lili'l I" Hi*' iiiilliitiiliiM wIIIkmiI MiiiK'iiili'iini!; liii ronvirliiiiiH. Iliil llic .-«lll>rt nik'< Mil' )>iiiiii' ill li<-liiiir III' llti> iiislilnliiiii, mill ll);IIIM^4< III" <' III (I'^iily iil'iiHily i'oiiiiilt'il ml |iiiiii i|)ti'. Il lliii'W ilowii lli<> (CI'I'iiIi'mI IiiiiiIiiiiii K Ml'iiiiily, Mini yiiiil «'il II |iiit I'or llii> luinK 'iiiiimI ii|miii (IlK woni " lincMSMiy " III llif i'IhI III' llu- rini niiM'uli'il iMiwriM |!,i'iitili III llll< lllxl (rii'lll llivlHillll III' pMllil'M ill WnHliinnloii'H liiiii" llio I'l'ili'iiil pHily Iwliim for (Iii< niiiHlnii'lioii wliirli vvoiiM itiillioii/,i' ii. nil (ioniil liMiiK ; llii< ili'iiiociulii' |iitily (it'|iiililirivii, •N llu'ii nilii'il ) lM liililinliiiiiiiiiii ioiikIhic (ion wliii'li would iiiillioti/i> il, mimI wliirli woiiM I'linlilo Coii^irNM to Miilisliliili< ils own will in oIIhm' imiki'm lor tlio wonls ol' llio riinsliliilioii, iinil do wliiil il |ili'iisi'd iindrrllii' |ili'it. II wiiM lli(> liirnin^ iioiiil lii Hido, ilo- \i\^ wluil il |ili'iiM'd, mid II |ilnin cronoiiili'td pivcrniniMil on llii> oilier, liiniii'd liy a wiilliii ronslililnlioii. 'I'lir ronsl.rncliun wmm IIii< iiiiiin |ioinl. Inrnnso it. niiido a gap in tlio coiiKhlnliiiM t.lnoiifrli wliicli CoiiKrcNM could |ihsh iiiiy oilier nu'«nnri's wliii'li il. dcenu'il In lie "iiccrKHiiry :'' Klill tlu'io w('n< fi:r< eoiinhy, eoirniitiiit^ lli(< |iih'hh; and exerliiif; its inllniMiee in tlie only way known (o (lie mo neyed |)(iwer- liy eorrnplion. (ieiieriil diuk son's nlijeelioiiH leaclied liolli Ik'imIh ol' (he eiiHe — tilt' nnconslilnlioiiality ol' (lie lmnk,Miid its in- rxpcdieiiry. It was a return (o (lie.Ieirersoniiin auil llaniillonian (inieM of (lie early udiiiinislra' turn of (ieiural Wasliiii^flon, and went. t<» tlio words of til'.' eonslitnlion, and not, (o (lie inter- ]itT(a(.ions of its ndniiiiiHiratorH, f eiiiisliiielioli of till' woilt oniii ir I'lilherM. II wiM evident Hint a ^reitl lonleHl, won eomiiiK "ii, and I he (mIiIm eiiliiely ii^'iiiietl. I he I'leMidenl. Oil llin out' HJde, llie iiMillvideil phiiliiiiiiilv (fur lliey Imd mil llien luluii llm name of whi^); a lai^e piiil, ol (lie denioeralir parl^, yielding to preiedenl iind jiidii iiil deeJHion ; th* hank ilHelf, with ilH roloHiial liinney power ilh iirniH ill every Sliile hy ineauM of hrnneheH — lit power over the .Slale liiinkM IIm power over llin ItiminesiH eoniiiiinilly over piihlir iiieti who hIioiiIiI lieronie IIh dehlorH or relHiiierH- IIm or- ^iiiii/.alion iiiider a sini^le head, i.'4Hnin(( ila ordern ill sreiel, lo I heyed III all phieen and hy all KiihoidinaleH al I he Kiinie inoiiienl. Sim^Ii was lli«« forini'tnlile array on one ^Ide: on Ihe olhi'midn a iliviiled denioiralie parly, di^dlearlelled hy divi- sion, willi iiolhiiic; lo rely upon hiillhe (roi;diieHN ol Iheir eaiiM', the iiirHlii;i- of Jinkson'M luniio, and llio preMideiilial power; iv'od ii^riiinHt nuy \UUi\r lesKlhaii (wo IhiidH of ( 'oiickshoii Ihellnal ipieHlioii of llie re charier ; Inil I he risk lo niiioF his non-i'liNilinn hefore I he Dual ({iiC' lion came on. I'luler Hiich circiniiHlaiiie^ il rii|iiired a ^'Ironjf Hense of duly in the new I'reHidenlloc'iiiiiiieiicii hiH i!iire;e of a puhlic duly, he mode the rn- coinniendalion six years In-fore Ihe exfiiralion of IlifM-harter, and in Ihir llrsl mcssai^e of hJB llrst term; therrhy taking upon his hands .sudi an enemy as the iSank of the L'nited SlatcH. af the very commenceinent of his adnjiniHtratiolk # 226 TIIIUTY Tl'ARH* VIKW. That Hiicli a nrdiniiiciiilutionuguiimtsiicluiii iii- Ktitution nIioiiIiI lniii); iipun tlio Pr<>Hiil(>iit and his Hii|i|iortfrs, vidlcnt uttiuKH, both |N-rs(>iial and |)()litical, uilli unui^iiincnt of motives mm well a« of ri-anons, waH iiutiirully to li(> ox|n'cti'd; and that cxin-ctalion was l>y no means disnp- pointi'd. Holli lu> and tliey, durinj; tlio K'ven years tlul llie Imnk eontest (in dillerent forms) prevailed, received from it — fit)m the news|iaper and iH'riodieiil press in its interest, anil from the p)il)ru' sjuakers in ils favor of every grude — an accnnndation of oliloipiy, and even of utvnsation, only lavished upon the oppressors and pliindi-r- crs of nations — a A'erres, or a Ilastin);M. This was natural in mich nn institiuion. Itnt Pri'si- dent Jaekson and his friends had a ri^ht to ex- pect fair treatment from history — from disinter- estefl history — which thonld aspire to trntli, and which has no right to he ignorant or careless. He anil they had a right to expect justice from sticli history ; hnt this is what they have not received. A writer, whose hook takes him ont of that class of Kiiropean travelleis who reipiite the hospitality of .\mericaiis by disparagement of their institutions, their country, and their character — one whose general intelligence ami Oiiiidor entitle his errors to the honor ofcorivc- tion — in hrief, .M.de Tocijueville — writes thus of President .Fackson and the Bank of the United States : " When the President nttai-ked tlie bank, the country was excited and parties Avere formed ; the well-informed cIiLsses rallieil round the bank, the common people round the President. Hut it must not be imagined that the jieople ha- longalion of existence or privilege ufler tho termination of its chartei' — so far fitim it, if there was to be another bank, the iloctrino of ecpial rights and no mono|M)lies or perpetuities reipiired it to be thrown open to the free compe- tition of nil the citizens. The reiksons given by the President wei-e no attack upon tho bank. lie impugned neither tlie integrity nor the skill of the institution, imt repeated the objections of the political school t<) which he belonged, uml which were ns old as jMr. .leflerson's cabinet opinii>n to President Washington, in tho year IT'.ll, and Mr. Madison's gitat speech ijj tho House of llepresentulives in the same year. Ho, therefore, made no attack upon the bank, either upon its existence, its ehunicler, (u- any one of its • ights. On the other hand, the lank did attack President .lackson, under the lead of politicians, and for the jjurpose of breaking him di)wn. The facts were these : President .lackson hail comimmicated his opinion to (.'ongivss in December, 18'Jl), against the remwal of tho chaiter ; near three years afterwards, on tho Dth of Jamiary, 18152, while the charter had yet above three years to run, and n new Congress to be elected before its expiration, and the presi- dential election impending — (General Jackson and .Mr. Clay the candidates) — the memorial of the president and directors of the bank was suddenly presented in the Senate of the United States, for the renewal of its chaiter. Now, how came that mcmoiial to be presented at a time so inoj)portune ? .so premature, so inevitably mixing it-self with the presidential election, and so encroaching upon the rights of tlie Jieople, in snatching the question out of their hands, and having it decided by a Congress not elected for the purpose — and to the usurpation of the rights of the Congress elected for tho purpose? How came all these anomalies? all these violations of right, decency and propriety ? They came thus . the bank and its leading anti- Jackson friends beliuTud that the institution I ^h ANNO |8;ii ANIHIKW .lACk'SON, PUIXIUKNT. 227 iiiotivoH 5 and Vlitn (linonil ((tiiiIkt, 1829 Hs a^aiiiHt tlio n" ultiuked HO JKISHOSSl'll. U li-nw, onjoyinK V inoiio|>()ly of ;hl to uuy pro- le^o aftir tho fur fit)m it, If llio tloclrino of or iHTia-tuilifa Hii- free roinpo- •iisoi\s given by \\w\\ tho liiuik. ily nor llie skill ho ohjeetions of I' lieloU(;e(l, ami ierson'M cabinet tun, in the year t sini'ch in tho siinu'year. He, the hank, either r, or any one of ,1, the bank ditl Icr the lead of of hrertkinn him resilient. I aekson to C'onjiress in renewal of tho rwtmls, on tho charter hail yot a new Congress n, andthcprcsi- leneral Jackson the men\orial of f the bank was vte of the United jarter. il to be presented ;o premature, so the presidential [)on the rights of ■stion ont of their y a Congress not .0 the usurpation i elected for tho e anonuilics? all •y and propriety ? its leading anti- ,t the institution \ 1 wnH s»n)nger than the Pri'^ldcnt — tiiat it coiild IkmI him in tlie election— that it could beat him in CongreriM (iin it then stood), and carry the charter, — ration wits through *he machinery of caucus — that contrivance by nhich a few govern many. Tlio two wings ')eing of diderent politics, sat separately, one •leaded by Mr. Clay, the other by Gen, Samuel Smith, of Maryland. The two caucuses dis- aj.'reed, but tho democratic being tiie .smaller, and Mr. Clay's strong will dominating the other, the ivsolution was taken to proceed, and all bound to go together. I had a friend in one of these councils who informed me regularly of the progress made, and eventually that the point was carried for the hank — that General Cadwallader had returned witii the news, and with injunctions to have the memorial immediately at Wa.shington, and by a given day. The day arrived, but not the me- morial, and my friend came to inform me the reason why ; which was, that the stage had got overturned in the bad roads and crippled Gen. Cadwallader in the shoulder, and detained him ; but that the delay would only be of two days ; ond then the memorial would certainly arrive. It did so ; and on Monday, the 9lh of January, 1832, was presented in the Senate by Mr. iJallas, a senator from I'lnnsylvanift, and residunt of l'hiladel|ihia, whei<- the bunk was iHtablished. Mr. Dallas was democratic, and the friend of General Jackson, and on presenting the me- morial, as good as told all that I have now written, bating only |H to represent with fidelity on that floor, and by the people gene-ally, that this application, at this time, had been discouraged by him. Actuated mainly, if not exclusively, by a desire to preserve to the nation the practical benefits of the insti- tution, the evpeiliency of bringing it forward thus early in the term of its incorporation, during a popular representation in Congress which must cease to exist some years IkiIoii- that term ex- pires, and on the eve of all the excitement incident to u great polilica' movement, struck his mind as more than dou tfiil. He felt deep solii^itude and apprehension lest, in the progress of iiupiiry, and in the development of views, under present circumstances, it might be drawn into real or imaginary conflict with some higher, some more favorite, some more immediate wish )r purpose of the American jHople ; anil fromsuc". a conflict, what sincere friend of this useful establishment would not strive to save or rescue it. by at least a temporary forbearance or delay ? " This was the language of Mr. Dallas, and it was equivalent to a protest from a well-wisher of the bank against the perils and improprieties of its open plunge into the presidential canvass, for the purjKjse of defeating General Jackson and electing a friend of its own. The prudential counsels of such men as Mr. Dallas did not prevail ; political counsels governed ; the bank charter was pushed — was carried through both Houses of Congress — difred the veto of Jackson — received it — roused the people — and the bank and all its friends were crushed. Then it affected to have been attacked by Jackson ; and Mons. do Tocqueville has carried that fiction into his- tory, with all the imaginary reasons for a groundless accusation, which the bank had in- vented. The remainder of this quotation from Mons. de Tocqueville is profoundly erroneous, and de- serves to be exposed, to prevent the mischiefs which his book might do in Europe, and even in «■ » 228 THIRTY YEARS' VIEW. '!! America, nmorib that class of our people who look to £uropcai writers for information upon their own country. lie speaks of the well- informed classes who rallied round the bank ; and the common people who had formed no ra- tional opinion upon the subject, and who joined General Jackson. Certainly the great business community, with few exceptions, comprising wealth, ability and education, went for the bank, and the masses for General Jackson ; but which had formed the rational opinion is seen by the event. The " well-informed " classes have bowed not merely to the decision, but to the intelligence of the masses. They have adopted their opin- ion of the institution — condemned it — repudiat. d it as an " obsolete idea ; " and of all its former advocates, not one exists now. All have yield- ed to tnat instinctive sagacity of the people, which is an overmatch for book-learning ; and which being the result of common sense is usually right ; and being disinterested, is always honest. I adduce this instance — a grand na- tional one — of the succumbing of the well-in- formed classes to the instinctive sagacity of the people, not merely to correct Mons. de Tocqi'c- ville, but for the higher purpose of showing the capacity of the people for self-government. The rest of the quotation, " the independent exist- ence — ibo people accustomed to make and un- :::nke — startled at this obstacle — irritated i* a permanent institution — attack in order to shake and control ; " all this is fancy, or as the old English wrote it, fantasy — enlivened by French vivacity into witty theory, as fallacious as witty. I could wish I were done with quotations from Mons. de Tocquevilic on this subject; but he forces me to make another extract from his book, and it is found in his chapter 18, thus : " The slightest observation enables us to ap- preciate the advantages which the country de- rives from the bank. Its notes are taken on the borders of the desert for the same value as in Philadelphia. It is nevertheless the object of great animosity. Its directors have proclaimed their howtility to the President, and are accused, not without some show of probability, of having abused their influence to thwart his election. The President, therefore, attacks the establish- ment with all the warmth of personal enmity ; and he is encouraged in the pursuit of his re- venge by the conviction that he is supported by the seci'ct propensities of the majority. It al- ways holds a great number of the notes issued by the provincial banks, which it can at any time obhge them to cttavert into cash. It has itself nothing to fear from a similar demand, as the extent of its resources enables it to meet all claims. But the existence of the provincial banks is thus threatened, and their operations are restricted, since they are only able to issuo a quantity ^^f notes duly proportioned to their capital. They submit with impatience to this salutary control. The newspapers which they have bought over, and the President, whose in- terest renders him their instnimcnt, attack the bank with the greatest vehemence. They rouse the local passions and the blind democratic in- stinct of the country to aid in their cause ; and they assert that the bank directors fonn a per- manent aristocratic body, whose influence must ultimately be felt in the government, and must ail'ect those principles of equality — upon which society rests :n America." Now, while Mons. de Tocqueville was arrang- ing all this fine cn< omium upon the bank, and all this ccniure upo its adversaries, the whole of which is nolhin:, but a French translation of the bank publications of the day, for itself and agaim.t President Jackson — during all this time there was a process going on in the Congress of the United States, by which it was proved that tiie bank was then insolvent, and living fi ./ra day to day upon expedients ; and getting hold of property and money by contrivances which the law would qualify as swindling — plundering itr own stockholders — and bribing individuals, in- stitutions, and members of legislative bodies, wherever it could be done. Those fine notes, of which ho si^aks, were then without solid value. The salutary rcstriint attributed to its control over local banks was soon exemplified in its forcing maify of them into coiMjilicity in its crimes, and al) into two general sus-pciisions of specie payments, headed by itself. Its solidity and its honor were soon shown in open bank- ruptcy — in the dishonor of its notes — the vio- lation of sacred deposits — the (lisai»pearance of its capital — the destniction of institutions connected with it — the extinction of fifty-six millions of capital (its own, and that of others drawn into its vortex) ; — and tne ruin or damage of families, both foreign and American, who had been induced by its name, and by its delusive exhibitions of credit, to invest their money in its stock. Placing the ojipocitioii of President Jackson to such an institution to the account of base and personal motives — to feelings of revenge because he had been uniiblc to seduce it into his supiwit — is an error of fact manifested by all the history of the case ; to say nothing A.NXO 1832. ANDREW JACKSON, PRESIDKNT. 229 ilar demand, M ea it to meet all the provincial their operations ly able to issue rtioned to their patience to this pcrs which they ident, wliose in- mcnt, attack tho ace. They rouse d democratic in- their cause ; and ctors form a per- se influence mu.st nment, and must lity — upon which leville wasarrang- )on the bank, and rsarics, the whole ;nch tran.slation of day, for itself and luring all this time in the Congress of it was proved that ,t, and living fi 'IQ and getting hold of frivances which the ling— plundering iti^ ling individuals, in- legislative bodies, Those line notes, Ithcn without solid nt attributed to its L soon exemplified in ]ito coiuplicity in its cral sui-pensions of itself. Its solidity [own in open bank- its note^— the vio- thc disappearance ttion of institutions tinction of flfty-six and that of others •and tne ruin or reign and American, Its name, and by its Hlit, to invest their l f-i i % iiHTtMsc ii) II slioii tiMu<; imd U> show timl, not to atrcct iniiiviiliiiils, Imt lo sliow tlu' iitccssity «>r|iruotisin;; wlmt wo all jnoft'ss— ccoiioiny. I nin iij;ainst k(('|iiii|; up n n'voiiuo, allor (lit' tloltt ami |K>iiKions aiv paid, as larp-, or nearly as lar^^r, as (lio I'xpfiidiliin' was in ISL'2, \S'2',\, with (lii'sr items included. I am lor thnnvinjr down my load, when I p'f to (lie end of my journey. I ani lor tlm)win;j; oil" tlie burden of tlie debt, when I ne( (o (he end of (he del>(, 'I'lie burden ol (he debt is the (axes levied on a (axes; and (his is (he }^';rea( <|Ues(ion upon which parlies now pi (o trial be- fore (he American ]ieo|ile. One word more, and I am done for (he presen(. The sena(or for Maryland, to miiKc up a goodly averajic for \S'2'2, and IS'j;!. adds tin- e\penili(i!tv of IS'JI, which includes, besides sixteen millions and a half for (he jinblic deb(, and a million and a half for |M'n- .^ioiis, (he sum of (i\e miHions for lhepiirelm.se of Klorida. Sir, lu' nius( dethicl twen(y-(wo millions from tliat ciimpiilatiou ; and that de- duction will brill;-; his average for (hose years (o ajrree very elo.'^ely wi(h my sta(ement." It W!is soniethin;; at the time this iiupiiry took place (o Know which was right — Ciencral Smith, or my.-clf. Two millions, more or less, jicr aimiini in (he public cxi>cudi(ur»'s, was then soiiiclhiui: -a tliiui; to be talked about, and ac- coiiiitcti tor, iiuuni;^- the i-conomical men of that {\\\. It .-oeiiis to be nothing now, when the incivascs ari< many millions per annum- when personal and job legislation luivo become the fiwiiient practice — when coiUraets are legislated to adveuturern ami speculators — when the halls of (.''tingress have ciuue to be considered the pro- jvr place to lay the foundations, or to ivpair the dilapidations of milliouary fordincs: and when the public lisc, and (ho nadonal domain may con- sidei (hemselves fortunate sinuetimes in getting otrwith a loss of two inillions in a single opera- tion. C II APT Ell LXIII. B.VXK OK TUK VXITKO ST.VTKS-KKCH.MiTKU. ».\)MMKNOKMKNT OK TllK riiOOKKOINli!*. i Fs the month of Dowmbcr, l8ol, the 'National ; Republicans" (as the party was then called whidi afterwards took the name of "whig), as- PcMubled in convention at Ihiltiinoro to nominate ! candidates of their jMirty for the pivsidcntial.and vice-prosidential election, which was to take place in the autumn of the eusuuig yejjr. The , noiuiiiations were made— Henry Clay of Ken- tucky, liir rii'.^ideiit ; and .lolin Scrgeanl of Pennsylvania for Vice-I*residen( : and (henouii- ua(ions accipdil by (hem respectively After- wards, and according to what was usual on such occasions, the convention issued an atldii'ss to (he people of the I'nitetl States, setting forth the merits of their own, and (he demerits of tlio opjiosite candidate; and presenting the party issues which were to ho tried in the ensuint; elections. So far us these issues were |iolilicnl, they were legitimate subjeclj* to place before the people : so far as they weiv not political, they were illegitimate, and wrongfully dia|jged into llu> political arena, to be made suU-'.-rvient to party elevation. Of this character were the topics of the (ariir, of internal improvement, the re- moval of the Cherokee Indians, anrcseuted as a party object, and as an issue in (he election, and under all the cxajigerakHl as- pects w liich party tactics consider lawful in the prosecution of their aims. The address said : '' Xext to the great nieasmvs of policy which protect and encourage domestic industry, the most important tpiestion, connected wilii the cconoiiiieal pi)licy of the country, is that of the bank. 'I'his great anil benelieial institution, by facilitating exchanges between dideient jiarts of the I'nion, and maintaining a sound, ample, and healthy state of the currency, may he said to supply the body politic, economically viewed, with a Cv...tiimal stream of life-blood, without which it must inevitably languish, and sink into exhaustion. It was lirst conceived and organ- ized by the powerful mind of Hamilton. After having been temporarily shaken by (l;e honest (hoiigli gioiuulless scrujiles of other statesmen, it has been recalled to existence by the getieml consent of all iiartie.s, and with tlie univer.sal a|)- probation of the jieoplo. I'luler the ablest and most faithful management it has been for many years past pursuing a course of steady and con- stantly increasing inllnence. Such is the institu- tion which the President has gone out of his w.ay in several successive nies.s^iges, without a pivtence of necessity or plausible motive, in (he tirst in- stance SIX years before his suggestion could with any propriety be acted upon, to denounce to Congress i\s a sort of nuisance, and ci>nsign, as far as his iulluencc extends, to imnieiiiute de* slructiou. 1 1 } I ANNO 1832. ANDIIHW JACKSON, rilESlDENT. 233 I y {^liiy »>r Kon- iliii Scriii'iuit of it : iiiul till! iiouu- vilivi-ly. After- VtlH IIM1»1 <>i> ►*"<^'' •il MX mUlivHH to tos, si'tliut; fortlj 10 (U'lnorits of the ontiiif; llio party i;d in till' i'ii»"i»K u>8 wi'iT iioliticnJ, to |>liu-c boforo the not politii'iil, tlii'y ully (linjinod into (U« «ul>-vrviiiit to •tov woio the topics ii'ovi'UK'iit, till) rc- is, luid tlio rcncwivl •luiiti-r. Of Uicso hoir nal\uc iincoii- liriuH for llu ir own (I, I now nolice but tlio rliartt-r of the 111 whii-h \v:»« iu)\v uiul us an issue in he o.\ajip'ruti\l IU<- isiilcr lawful in the he atUlri'ss said: •i which l!:.d been of- ferred to the resolution unrter consideration, by the friends and admirers of this institution — by tiiose who, no doubt, sincerel}- believed its con- liruedexistence lor another term of twenty years to be essential to the prosperity of the country. He reiK'ated his surprise that its friends should be found shrinking from the investigation pro- posed. He would not say that such resistance i i f . *^i. ANN'O 1832. ANDREW JACKSON PRESTDENT. 237 to the liniik, nnd lip HU|)|) (l till' (llH'Ktioil of on tlie House to Diisiikr Mr. Cliiy- lifh is only raisid wlii'iv the nioticn ■ improper, to n- m\ Itwimalnlsci istitution ; and tlio le ix'sult of (Ulil)ii- nediate rt'ini'st'iitii- , saw llu- nilvnntatre on of c'on-^idiratioi» andi'd, as tlic only u-nt to its rc'siion- n iMr. Watnionp,irs 1 a diirorcnt jioint^ on of consideration i!is taken action on that had liecn done re — only |iost|)0!iin(^ lay to aniitlier ; Imt and so the motion isailowed ; and the in. Anotliernidve- olT (iiscnssicn. and a motion to lay it frienii of the hank 1 Carolina]. This the instance of Mr. the dfcct of these inves«i;ration. hut I, hesides, Mr. Mc- 1 an ahle dehater, t, anil rcjiorted in liy helieved in its the less averse to investigation was sevci ly animad- s — among oiiicra, ho said : of its charf'-r; and th ^ inquiry 7 lie . ..little surprised which h:.d been of- r consideration, by his institution— by ly helievt d its con- L'rm of twenty years 'ity of the country, its friends should investigation pro- luit such rcsibtanco I afforded any fair gronndH of inrercncc! that there might he something "rotten in the state of Den- mark." He woidd not nay this ; for lie did not feel himself authorized to do soj hut was it not perceived that Huch aw iiR-rence might, and probably would, ho draw ii hy the public? On what ground was the inquiry oppo.<f Congress the right at all times to appoint a com mittee to inspect the books, and to examine in to the proceedings of the bank ; and to reporf whether the provisions of the charter had been violated ; and he treated as a revolt against this provision of the charter, as well as a sign of guilt, this resistance to an absolute right on the part of Congress, and most proper to Ix; exercised when the institution was soliciting the continu- ation of its privileges ; and which riglit hail been exercised by the House in 1819, when its com- mittee found various violations of the charter, and proposed a scire J'aciun to vacate it ; — which was only refused by Congress, not for the sake of the bank, but for the community — whose dis- tresses the closing of the bank might aggravate. Next, he justified his motion on the ground of misconduct in the bank in seven instances of violated charter, involving forfeiture ; and fifteen instances of abuse, which required correction, though not amounting to forfeiture of the char- ter. All these he read to the House, one by one, from a narrow slip of paper, which he con- tinued rolling round his finger all the time. The memorandum was mine — in my handwrit- ing — given to him to copy, and amplify, as thej 2SS THIRTY YEARS' VIEW. .IHi'li 11 ill were brief memoranda. lie liad not copied them ; and liavinj? to justify suddenly, lie used the plipl liad given him — rolling it on liis finger, as on ft cylinder, to prevent my handwriting from iK'ing seen : so he afterwards (old mo him- self. The reading of these twenty-two heads of accusation, like so many counts in an imlict- ment, sprung the friends of the bank to tlieir feet — and its foes also — each finding in it some- thing to rouse them — one to the defence, tlie other to the attack. The accusatory list wa.s as fol- lows : "Fiust: Violations of charier amounliug to I'orfei/nrc : "J. The issue of seven millions, and more, of branch bank orders as a currency. *• 2. Usury on broken bank notes in Ohio and Kentucky' : nine hundred thousand dollars in Ohio, and nearly as nmch in Kentucky. See 2 Peters' Reports, p. 527, as to the nature of the case. '' 3. Domestic bills of exchange, disguised loans to take more than at the rate of six per cent. Sixteen millions of these bills for December last. See monthly statements. 4. Non-user of the charter. In this, that fl-om 181 'J to 182(i, a period of seven years, the South and West branches issued no currency of any kind. Sec the doctrine on non-user of char- ter and duty of corporations to act up to the end of their institution, and forfeiture for neg- lecU " 5. Building houses to rent. See limitation in their charter on the right to liold real pro- perty. " (i. In the capital stock, not having due pro- portion of coin. "7. Foreigners voting for directors, through their trustees. "Skcond: Abuses worthy of inqidry. not avinuuliii^ to forfeiture, but goins;, if true, clearly to show the inexpediency of renewing the charter. " 1. Not cashing its own notes, or receiving in deposit at each branch, and at the parent bank, the notes of each other. By rcason of this practice, notes of the mother bunk are at a discount at many, if not all, of her branches, and Cuinpletely negatives the assertion of 'sound and luiiform currency.' "2. Making a difference in receiving notes from the federal government and the citizens of the States. This is admitted as to all notes above five dollars. " ?), Making a dilTorence between members of Congress and the citizens generally, in both granting loans and selling bills of exchange. It is believed it can be made to apjiear that mem- bers can obtain bills of exchange without, citi- zens with a premium; the first give nominal endorsers, the other must give two sufficient re- Bident endorsers. "4. The undue accumulation of proxies in the hands of a few to control the election for directora. '• 5. A strong suspicion of secret understand* ing between the bank and brokers to job in stocks, contrary to the charter. For example, to buy up three per cent, stfick at this day ; and force the government to pay at par for that stock; and whether the government deposits may not )jc used to enhance its own debto. "C. Subsidies and loans, directly or indirectly, to printers, editors, and lawyers, for purposes other than the regular business of the bank. "7. Distinction in favor of merchants in sell- ing bills of exchange. "8. Practices upon local banks and debtors to make them jietition Congress for a renewal of its charter, and thus impose upon Congress by false clamor. "*.>. The actual management of the bank, whether safely anil prutientl}' conduct'."'. Seo monthly statements to the contrai- " 10. The actual condition oi the liank, her debts and credits ; how much she has increased debts and diminished her means to pay in tho last year; how much she has increaseroxip« In i>r( tho election for Bccrt't undcrstand- brolviTS to job in ler. For exnniple, ck nt this dny ; nncl y nt par for that vemiiK'tit deposits its own debta. lectly or indirectly, ryers. for ptirposes pss of tlie bank. f nierchantH in sell- nnkfi and enIy admitting its connection with the presi- dential election. On i>e( ng Ids proposed in(|uiry thus restricted, Mr. Clayton thus gave vent to his feelings : " I hope I may Im permitted to take a parting leave of my resolution, as I verv plainly perceive that it is going tho way of all ilesh. I discover the bank has a complying majority at present in this House, and at this late hour of the night are determined to carry things in their own way ; but, sir, I view with astonishment the conduct of that majority. When a spi'nkcr rises in favor of the bank, he is listened to with givat attention ; but w hen one opposed to it attempts to address the House, such is the intentional noise and confusion, he cannot Ik; heard ; and, sir, the gentleman who last spoke but one in favor of an inquiry, had to take his seat in a scene little short of a riot. I do not understand such conduct. When I introduced my resolu- tion. I predicated it upon the presumption that every thing in this House would, when respect- fully presented, receive a res[H'ctfid considera- tion, and wouhl be treated precisely as all other questions similarly situated are treated. I e.x- jwcted the same courtesy that other gentlemen received in the propositions submitted by them, that it would go to a committee nj)pointed in the usual form, and that they would have tho usual time to make their report. 1 believed, for I had no right to believe otherwi.se, that all com- mittees of this Hou.sc were honest, and that they had too much respect for themselves, as well as for the House, to trifle with any matter confided to their investigation. Believing this, 1 did ex- pect my resolution would be subniitted in the accustomed way ; and if this House had thought proper to trust me, in part, with the examina- tion of tho subject to which it refers. I would have proceeded to the business in good faith, and reported as early as was practicable with the important interests at stake. It has been opposed in every shape ; vote upon vote has been taken upon it, all evidently tending to evade inquiry ; and now it is determined to compel the committee to report in a limited tin)c, a thing vmheard of before in this House, and our inquiries are to be confined entir^'ly to the mother bank ; whereas her branches, at which more than half the fraiids and oi)pressions complained of have been committed, are to go unexamined, and we are to be limited to breaches of the charter when the abuses charged are nu- merous and flagrant, and eriually injurious to the comnumity. We are only to examine the books of the parent bank, the greatest part of which may be accidentally from home, at some of the branches. If the bank can reconcile it to hci'self to meet no other k ind of investigation but this, she is welcome to all the advantages which such an insincere and shuffling cour.se is calculat- ed to confer ; the people of this country are too intelligent not to understand exactly her object." 240 THIRTY YEAIW VIEW. AiiiDiiR tlio nhusi'ii cut f)(T from oxarninatioii.^ by tlicKc M'Htrictioiw, wci^' two iikkK-s of i-x- turtinx (loiiblo niid tn-ble ciiiiipi>nHnt)oii for the u«o of nioiu-y, one by tiirninp ii lonn note into a bill of exclmn(;e, and the othir by forcing; the borrower to take hia money upon a UomeMtic bill instead of on a no'c — both nystematicnlly practised upon in the West, and convcrtinp nearly all tlie Western loans into enorinoimly UHuriouH transactions. Mr. Cliiyton {^avu the followinp: description of the first of these modes 6f extorting usury : "T will now make a fuller statement ; and! tliink I am authorized to say that there are gen- tlemen ill tills ll it is calleil, to pay it oil", or can discount a domestic bill of v\- chin^e, 'I'his last is done in one of two w.iys. If he has a factor in Is'ew Orleans who is in the habit er cent, to the bank, and the two and a half per cent, to the acceptor ; making, in this mode uf arrangement, thirty-six per cent, which he pays before he can get out of the clutches of the bank for that time, twelve per cent, of wliich, in either ca.se, goes to the bank ; and so little conscience have they, in order to make this, they will subject a poor and unfortunate debtor to the other enormous burdens, and consequent- ly to absolute beggary. For it must be obvious to every one that such a per cent, for money, ujuler the melancholy depreciation of produce every where in the South and West, will soon wind up the afl'airs of such a borrower. No people under the heavens cj\n bear it ; and un- less a stop is put to it, in some way or other, I predict the Western people will be in the most deplorable situation it is possible to conceive. There is another great hardship to which this debt or is liable, if he should not be able to fur- nish the produce ; or, which is sometimes the .'»£« if it is sacriilced in the b&W of it at the time the draft luromes due, whereby it is pro- tested for want of funds, it returns upon liiin with the additional cost of ten per cent, for non-paynu>nt. Now, sir, that is wliat is meant by domestic bills of exchange, disguised as loans, t<< take more than six \)cr cent. { for, mark, Mr. Speaker, the bank does not purchase a bill of exchange by paying out cash for it, and receiv- ing the usual rate of exchange, which varies from one-(|Uurter to one per cent. ; but it mere- ly delivers up the hoor debtor's note which WB8 previously in bank, anro- lurnH upon iiim 11 tH-r ivnt. Tor rt what irt im-iuit ismiiHid as* lontis, 5 l'(ir, iimrk, Mr. iirchiiHf a bill of [(ir it, mill leci'iv- j:e, which varici nt. ; Imt it mcrc- H note which was it* wnrft'Jiist tt« hill of fxihaiiuo ill) ill lii'" thiiTof. iuK thin i»ur wilt, p billH for otliiT.^ iMiul |)ieiiiiuiii of nc fwxM to IHL- m KuH'irtT ill the iiH the imnt of lictiin alive, urttr [)s from hishoil)." imke the loan taUo Din the bo^iiiiiiiiK } nio.st i^emTiil juiic- r thut their notes ilo bills iiayuble in ito the uioie con- ill in the llrst in- ;c hiird I13 , where ithout liiviiij; com- iits in the sluviie t'f l)rolit to the bank \Ax lai" centum in- hiUijj,e ; which, ou |e lit T cent, per au- rest, eighteen iier Ivddilion of ten per |aa protested j and ss of the loans in abnse, but cut otl', |from investigation upon the powers lution earned tneir the investigation |the country it was pndemned upon its jiled by the attacks , speakers as-sailed J of Georgia; J. M. l\le.\ander of Vir- Innessee; Cambrc- \il Angel of New- South Carolina; Leavitt of Ohio ^ The Hpcakcrs on the other iiido were : McDullle and Drayton of .South Caroliiia; Denny, Craw- ford, C(»ultor, Watmough, of IViinHylvania ; Daniel of Kentucky ; Jenifer of Maryland ; Huntington of Connecticut; Hoot and Collins of New- York ; KvanH of Maine ; Mercer of Virginia; Wilile of (Jeorgia. Pretty ocpmlly matched both in numbers and ability ; but tlie difference Ijetween attack and dtfeiice— between bold accusation and shrinking palliation — the conduct of the bank friends, first in resisting all investigation, then in trying to put it into the hands of friends, then restricting the exuniiim- tion, and the noise and confusion with which many of the anti-bank spei'ches were saluted — gnve to the assailants the apiwaranre of right, and the tone of victory throughout the contest ; and created a strong suspicion against the bunk. Certainly its conduct was injudicious, except upon the hypothesis of a guilt, the worst sus- picion of which would be preferable to open de- tection ; and such, eventually, was found to be the fact. In justice to Mr. McDullle, the lead- ing advocate of the bank, it must be rcmcml)cr- cd that the attempts to stifle, or evade inquiry, did not come from him but from the immediate npreseiitative of the bank neighborhood — that he twice discountenanced and stopped such at- tempts, requesting them to be withdrawn ; and no doubt all the defenders of the bank at the time believed in its integrity and utility, and only followed the lead of its immediate friends ill the course which they pursued. For myself I became convinced that the bank was insol- vent, as well as criminal ; and that, to her, ex- amination was death ; and therefore she could not face it. The committee appointed were : Messrs. Clayton, Richard M. Johnson of Kentucky, Francis Thomas of Maryland, and Mr. Cambre- leng of New-York, opposed to the rccharter of tlio Bank ; ^lessrs. McDuflie, John Quincy Adams, and Watmough, in favor of it. The committee was composed according to the par- liamentary rule — the majority in favor of the olijcct — but one of them (Colonel Johnson of Kentucky) was disqualified by his charitable and indulgent disposition for the invidious task iif criminal inquisition ; and who fnuikly told the House, after he returned, that he had never looked at a bank-book, or asked a question while he was at Philadelphia ; and, Mr. Adams, Vol. I.— 16 in invalidating the report of the mi^oritjr against the bank, dinputed the reality of tho majority, saying that the good nature of Colo- nel Johnson had merely licensed it. On tlw other hand, the committee was as favorably compoNi'd for the bank — Mr. Adams and Mr. McDullle both able writers and speakers, of na- tional reputation, investigating minds, ardent tempirainents, firm believers in the integrity and usefulness of the corporation ; and of char acter and position to bo friendly to the institu tion without tho imputation of an unduo mo tivc. Mr. Watmough was a new member, but acceptable to tho bank as its immediate repre- sentative, as the member that had made tho motions to bafllo investigation ; and as being from his personal as well as political and social relations, iu tho category to form, if necessary, its channel of confidential communication with, tho committee. The committco made three reports — ono by the majority, ono by the minority, and ono by Mr. Adams alone. Tho first was a severe re- crimination of tho bank on many points — usury, issuing branch bank orders as a currency, selling coin, selling stock obtained from government un- der special acts of Congress, donations for roads and canals, building houses to rent or sell, loans unduly made to editors, brokers, and members of Congress. The adversary reports were a de- fence of the bank on all these points, and the highest encomiums upon tho excellence of its management, and the universality of its utility ; but too much in the spirit of the advocate to retain tlie character of legislative reports — which admit of nothing but facts stated, inductions drawn, and opinions expressed. Both, or ra- ther all three sets of reports, were received as veracious, and lauded as victorious, by the respective parties which they favored; and quoted, as settling for ever the bank question, each way. But, alas, for the cflect of tho pro- gress of events ! In a few brief years all this, attack and defence — all this elaboration of accu- sation, and refinement of vindication — all this zeal and animosity, for and against tho bank — the whole contest — was eclipsed and superse- ded by the actualities of the times — the majority report, as being behind the facts ; the minority, as resting upon vanished illusions. And the great bank itself, antagonist of Jackson, called imperial by its friends, and actually constituting, ^■^i 242 THIRTY YEARS' VIEW. !■ a power in the State — prostrate in dust and ashes — ai'it invoking from the community, througli tlio mouth of the prcatest of its advo- cates (Mr. Webster), the ohlivion and amnesty of an " o!»HoIete idea." It is not the design of this View to explore theso rcr )rt> for the names of jnTsons iniplicated (some p. .haps unjustly), in the crinnnatin"; statements of the majority. The object i)r()- poscd in this work does not require that Jnter- feri'nce with individuals. The ccmduct of the institution is the point of iiupiiry ; and in that conduct will Ik? found the warning voice against the dangeis and abuses of such an cstabliehment in all time to com". CHAPTER LXV. THK TIIKKK VVM CKNT. DtllT, AND LOSS IN NOT I'AVINO IT WIIKX TIIK KATK WAS LOW, AND THE MONKV IN TIIK BANK OF TJ.E UNITED STATES WITHOUT INTEUEST. Thkke was a part of tl'" '•evolutionary debt, hicurred by the States a'i.. .^'Tod to l>e printed. Following the langniiL'e of that resolution, he had moved the printing of another report of that body, which would interest a thousand of our citizeius, where that report would interest one. There wan not a farmer in i I ANNO 1832. ANIREW JACKSON, PRESmENT. 243 1,8 would become lich eschewed all rapidly .ipproach- ndministration— it o\ild pay one luin- ■hat could be thcu p in the mean time h which it coidd In t the bank, which , and did 80 through ana: who showed which the comniis- equircd. This was int in the case. The ras kept in deposit ! enlargement of the 8 resisted to prevent , stock at a low rate, r: which soon took he loss to the United solicited renewal of pnt of the thn-c per II instance of lo«8 in- ank ; and gave rise to jhr.son; to which I tended, he said, to say ii qnestion. nor should on it. but from what or from New Jersey, from the resolution bank he had gone to resolutions on alum . Pay by day, mc- on lis by command of • in the sauw terms, r its charter. These lich. and the time of their conunon oripm, .•i;ited. These papers, fn we ever had on our iup, to the same tune, were ordered to be The reiKirt whicli „ted for the benefit of lat by the senator ot placi', the senator was - printing the n-port. thousand nine bun- as only one thousand few ilavs ago, two lofthel?ritishlIouse ycct of railroads was Mowin-:: the langun!:.; moved the printing oi which would interest L where that report was not a farmer m America who would not deem it a treasure. It covered the whole saline kingdom ; and those unacquainted with its nattire had no more idea of it than a blind man had of the solar rays It was of the highest value to the farmer and tlie grazier. It showed the efl'ect of the mineral king- dom upon tho aninuil kingdom ; and its views were tlie results of tiic wisdom, experience, and lirst talents of Great Britain. The assertion of the senator, that the bank aided in producing a sound currency, he would disprove by facts and dates. In 1817 the bank went into operation. In three or f>ur years after, forty-four banks M'civ chartered in Kentucky, and forty in Ohio ; anr man's friend, issued tluise same orders, in paj^-r sosiuiilur jo that of the bank notes, that the jieopUs could not readily discern the diU'erenee between them. It was thought that the |)eop!e might mistake the sig- uatiue of the little «ishier and the lUtle pr'sideiit fir the great cashier and the great president. The stockholders were foreigners, to a great extent — they were lords and ladies — reverend clergymen and military otlicer.s. The widows, in wlio.se behalf our sympathy was required, wore countess dowagers, ami the Barings, some of whom owned more of the stock than was |)os- Bcs8ed in sixtcea iStalcsof this Union." C II A P T K 11 L X V I . HANK OF TTIE t'NITKO STATES— niLL FOK TUB KKrilAUTKK ItKl'OIITEl) IN THE SENATE— A.ND 1*A»I^E1> THAT 1U)I)Y. The first bank of the United States, chartered in 1701, was a federal measure, conducted under the lead of General Hamilton — opposed by Mr. Jefi*erson, Mr. Madistm and the republican party; and became a great landmark of party, not merely for the bank itself, but for the latitudi- nariau construction of the constitution in which it W.1S founded, and the great door which it opened to the fliscretion of Congress to do what it pleased, under the j)lea of Ix-ing " iiecessar]/ " to carry into effect some granted power. Tho non-renewal of the charter in 1811, was the act of the republiean party, then in possession of the government, and taking tho opportunity to terminate, upon its own limitation, the existence of an institution, who.se creation they had not Iwen able to prevent. The charter of the second bank, in ISlft, was the act of the repuliliean party, and to aid them in the administration of the government, and. as such, was opposed by the fe» The bill provided that a bonus of $50C,()00 in three equal annual instalments shouM lie paid by the bank to tbo United States fur \U ANNO 1832. ANDREW JACKSON, PRESIDENT. 245 he Rocial system, destructive of its it industry, fru- t fosters the evil wculation. Of all Uc laboring elapses loreeflt Mial than ith papti' money. ; inventions to fer- ^ the sweat of the r tyranny, opprcs- se bear lightly on of the community, iurrencies, and tho ;ciat<.'d paper. Our lor our instruction ugh, of the demor- c, and the intolera- 3 and well disposed, , authorized by law, gove v'nmcnt. " the subject of the rency in the United -two millions— and leprccated the smal! ) cause of that evil )f the country is, a^ L--five or eighty niil- we may have twenty d this, principally, in e banks. Now, sir, ch, in my judgment, rading, and to tlio revulsions which po jurse of commercial n amount of specie in I only rea-^on is, bc- »re. We have but to dd return. But we ic great amount of i of the Stat»!S the low denominations, Ir. How is it possi- |ices, to retain specie •ience shows it to bo ill tivk< 'he place of jn Mr. Pitt, in the •liament to authorize i\ie one poxmd notes, Ih of an illness from , and he is t-aid to •. Canning, ' Tell Mr. the issuing of one ivcr expect to see a . bonus of $501 ,000 Ltalments should be (united States for \U exclusive privJleges : Mr. Webster movec to modify the section, so as to spread the payment over the entire term of the bank's proposed ex- istence — $150,000 a year for fifteen years. I wiis opposed both to the bonuj, and the exclu- (jive privilege, and said : "The proixT compensation for the bank to inakf, provided this exclusive privilege was sold to it, would be to reduce the rate of interest on (oiiiw iind discounts. A reduction of interest would be felt by the peonle ; the payment of a bonus would iiot be felt by them. It would j tome into the treasiiry, and probably be lav- \e then represented. The AVest alone — that section of the Union which Hiillers most from the depredations of the bunk — loses twenty votes ! In that section alone a million of |K'ople lose their voice in thu te of the existing charter. It is silent upon the subject of State taxation ; and in that silence the Supreme Court has spoken, and nullified tlie rights of the States. That court has decided that the Bank of the United States is independent of State legislation ! consequently, that she may send branches into the States in defiance of their laws, ami keep them there without the payment of tax. This is the decision ; and the decision of the court is the law of the land ; so that, if no declaratory clause is put into the charter, it cannot be said that the new charter will be silent, as the old one was. Tlic voice of the Supreme Court is now heard in that silence, proclaiming the su- premacy of the bank, and the degradation of the States ; and, unless we interpose now to coun- tervail that voice bj' a legislative declaration, it will be impossible for the States to resit it, ex- cci)t by measures which no one wishes to con- template. '• Mr. B. regretted that he had not seen in the papers any rejtort of the argument of the senator from Virginia [Mr. Tazewell] in vindication of the right of the States to tax these branches. It was an argument brief, powerful, and conclu- sive—lucid as a sunbeam, direct as an arrow, and mortal as the stroke of fate to the adversary speakers. Since the delivery of that argimient, tliey had sat in dundi show, silent as the grave, uiuie as the dead, and presenting to our imagi- nations the realization of the Abbe Siej'cs's fa- mous conception of a dumb legislatuiv. Before the Stati'S surrendered a iwrlion of their sove- reignity to create this federal government, they po.s.se.ssed tlie unlimited power of taxation ; in the act of the surrender, which is the constitu- tion, they abridged this unlimited right but in two particulars — exj^rts and imports — which they agreed no longer to tax, and therefore re- tained the taxing jiower entire over all other subjects. This was the substance of the argu- ment which dumbfounded the adversary; and the distinction which was attempted to Ix; set up between tangible and intangible, visible and invisible, objects of taxation ; between franchi- ses and privileges on one side, and material sub- stances on the other, was so completely blast- ed and annihilated by one additional stroke of lightning, that the fathers of the distinction really believed that they had never made it ! and sung Mieir palinodes in the face of the House. '' The argument that these branches are nc- cessury to enable the federal government to car- ry on its fiscal operations, and, then-fore, ought to be indeijendent of State legislation, is an- swered and expunged by a matter of fact, name- ly, that Congress itself has «letermined other- wise, and that in the very charter of the bank. The charter limits the right of tlie federal gov- ernment to the establishment of a single branch, and that one in the District of Columbia ! The branch at this place, and the pai-ent bank at Philadelphia, are all that the federal govenunent has stipulated for. All beyond that, is left to the bank itself; to establish branches in the States or not, as it suited its own interest; or to employ State banks, with the approbation of the Secretary of the Treasury, to do the business of the branches for the United States. Congress is contented with State banks to do the business of the branches in the States ; and, therefore, au- thorizes the very case which gentlemen appre- hend and so loudly deprecate, that New-York may refuse her assent to the continuance of the branches within her limit.s, and send the public deposits to the State banks. This is what the charter contemplates. Look at the charter ; sec the fourteenth article of the constitution of the bank ; it makes it optionary with the directors of the bank to establish branches in such States as they shall think fit, with the alternative ol using State banks as their substitutes in States in which they do not choose to establish branch- es. This brings the establishment of branches to a private atjiiir, a mere question of profit and loss to the bank itself; and cuts up by the roots the whole argument of the necessity of these branches to the fiscal operations of the federal government. The establishment of branches in the States i.s, then, a private concern, and presents this iiuestion: Shall non-resideats and aliens — even alien etiemies, for such they may be — have a right to carry on the trade of banking within the hmits of the States, without their couacnt, without liability to taxation, and with* I w 248 vimiTV yi:ah>' vikw. out niiu'imliilily '" Sliitc li'-j-inliitioii? Tin- hiij:- nnicifil ;i -ni-niccpf Hie llrilisli {•.ivcnmu'iit, iJiat ffstioii lh:i( tin- I'liilcd SIjiIcs owns ail iittcnsi ' millu r Mi- Mnjrsty's miiiisli is. imr |uiiliiiiiK'iit, II this Ixink. is iil'im aviiil. If clio owiii'd it all, , wmild cvi r uywv ti> rciuw llii' cliarliT of tlio It wuiilil Htill l)i> Hiilijcrt to taxation, like all: Hank of Kii^laiul with tliiircxcliisivopriviU-gvs! ttluT p5'<>i»i'rly is whiili hh»' liohls in (lie Statin. Mxcliisivi' piiviIt|j;»'S. llioy saiil, win; out i:hlic lands which ishi> hVld hy I tion ! Cnints fiimi thiStatis, or)iiiri'liaHos fidiii I'oivi};!! "In tho inrulinr oxcolhiicc of the Scottif^h iviwcrs, wriv only I'xonii'fcd from laxalion liy ' ;'!:!!i, Tus a fi-w plain and ohvions princijili's, rirtiu- «.f compacts, and till' paynii'iit of dvi' per ' clo-cly related to ropuhlican ideas. First. No :ci)tuin on the pntoirds of tho sales for that ex- exclusive privile-ieB. Secondly. Three inde- siiiption." pendent banks to chock niid control each other, I ind ditrii-e their Id'HedtH. instead of one to do Tho motion of Mr. Mooi-o was rejected, and : ,,sii p!, a-ed. and monoiKdizellie moneyed power. by the usual majority. 1 Tliirlly. The liability of each stockholder for ^rr. llenton then moved to strike out so mucli ' ""' MiiMnnit of liis stock, on the failure of tlie iiaiik I 1 redeem its notes in specie. Fourthly. Tho payment of ;i moderate interest to dcposi- (ors. ('poll llie.;iipp(iiial riglitH, and eipial Justice, the Scottisli banks have ad- vanced themselves to the lirst rank in Kurope, have eclipsed the Hank of Kiiglaiid, ami caused it to be condemned in its own country, and liavo made themselves the model of all fntiiiv (milking which over the Mank of Fniilaiid was admitted ■ iii'^titiilious in (ireat Uritain. And now, it nml declared bv Ku-li.-h statesmen. He sai.l: "'."',''' ''.*' •' .'•'"•'""^ political i.heiiomenon. and imj;lil ;.:ive ri-e to some iiiterestiii}! speculations '•The thivc .'Scottish batiks had held each "" the advance trf^'ce principles in Kiifiland, and other in check, had jtroceeded moderately in all their decliije in America, if the Scottish ripiib- their operations, conducted their business rcfru- j bean plan of bankiiif; .'-honid be rejected here, larly and prudeutly. and always kejil themselves ' while prelerred tiere; and the Hrilish monarchial ill a ci'Uilitioii to lace tlieir creiliiors ; while the | plan, which is condemned there, should be jier- siiiirle Fiifilish b.ink, having no check from rival I'ctiialed here! and this double inconp:ruity institutions, ran riot in the wantonness of its own ' committed without neces.*ity, without excuse, iinlnidled power, de!u;rin;r the country, when it withoiii -iviii;: the jieople time to consider, and pleased,withiiapir,an(Hil|iiigit with speculation I" counuuuicate their sentiments to their con- uiid exfravafrance ; drawinj? in apiin when i( ' sliluent-i. when there is four, if not six years, for pleased, and lillinp: it with Itankrnptcy and pau- ' them lo consider the subject before linul decisiou perism ; ol\cn tninsivndinn its limits, ami twice I if* required stoppiiifi payment, and once for a period of | twenty years. Theix- can bo no (picstion of the | iiicoiiipaVable suiH-rioritv of the .'Scottish bankiii}:! ^■''*'>-''^' of the bank, was warmly contested in tho d!" The clause for cuiitinuinp; the exclusive pri- systeni over the Kiifrlish bankiii); system, even ill a monai'chy ; and this has been ollicially an-! nouuci'd to the Hank of F.iijiland by the Ibitish | ministry, r.s far back as the year I^lM, with the ; autiientic declanition that the F.n^rlish .>iysteiii of bankiiifr must be a;>siiuilateil fi|IH:NT. 249 1 j>,)virniiu'iit. t)>ftt ,s, iKir |iiirliium-iit, till' flmit«T ">f the vcliiHiviTnviH't'Hl I, wii-f! i)\it (!i l'»tiinciiilfH, li.k'iis. Kivst. No 1(11). Tliivo imlc- control I'lith «»lhcr, istcml of one to do ! the moneyed power, ich stockholder for I the fiiihne of tlic 1 Hjieeie. l-'oiirthlj;. .« interest to doposi- in principles, nil of notions, etpial riphtH, ti^h bunks have ml- iist rank in Kurope, Knuland, ami caused ,vu country, and have (.fall future tmnking tain. And now, it •nl phenomenon, untl erestinir speculations 'iples in Kn(iland, and f the Scotlii-h repuh- idd he rejecte*! here he llritish tnonarclnal there, shoulil I'O per- douhle inrou^rrnlty lily, without excu.-e, time to consider, and |itin\ents to their con- ir, if not six years, for ■t before liual decision n;; the exclusive pri- indy contested in the Inst it draw u from the , as well its iToui tho ■irliament, which had the liank of England lind denied it on the «irij:in in England to ecu Anne, and its ex- jpirit of the present the chief siwaker ou U in the charter which lilege, and imposed the JIr. object of his motion Irt of the 2lst secti.m. Ither bank should be ,, law of the rmted Jnance of that charter, llh of tho United Stutei to the observance of tho monopoly theri'hy created. lie said the itrivili.'ge of banking, lu're granted, was an exclusive privilege, a n\onopoly, I) invasion of tlu; rights of all fiunre ('on- and an gressefi, as well ns of the rights of nil citi/ens of the Union, for the term the charter had to ru''-, and which niiglit be consi('ered perpetual ; lui this was the last time that the |)eoplc could i>rer make head against the ne v |H)litical power which raised itself in tho fori) of ihe bank to overbalance every other power in the govern- ment. This exclusive privilege is contniry to the genius of our goverinnent, which i.'i a gov- t-niujent of ecpial rights, and not of exclusive jirivile^res ; and it is clearly unauthori/.ed by the constitutioi'i, which only admits of exclusive privileges in two solitary, specified cases, and each of these founded upon a natural right, the case of authors and inventors ; to whom Congress is authorized to grant, for a limited time, the exchisivc privilege of selling their own writings and discoveries. But in the case of this charter there is nonattind right, and it may be well said there is no limited time ; and the monopoly is far more glaring and indef: nsible now than when first granted; for then the charier was not granted to any particular set of indiviiluals, Init lay o|)cn to all to subscribe to it ; but '■.ow it is to be continued to a par- ticular T,ot, and many of them foi-eigners, and all of whom, or their assignees, had already enjoyed the privilege for twenty years. If this company succeeds now in getting their nu)nop(ily continued for fifteen years, they will so intrench themselves in wealth and power, that they will li(^ enabled to j)er|)etuute their charter, and transmit it as a private inheritance to their po.s- terity. Our goverinnent delights in rotation of cflice ; all officers, from the highest to the lowest, are amenable to that p."inciple ; no one is sulleretl to i-emain in power thirty-five jcars ; and why should one company have the command of the moneyed power of America for that long iK'Hod ? Can it be the wish of any person to establish an oligarchy with unbounded wealth aiii" {.erpetual existence, to lay the foumi ition for a nobility and monarchy in this Aineriui ! "The restriction upon future Congresses is at war with every principle of constitutional right and legislative equahty. If the constitution has t;iven to one Congress the right to charter bunks, t has given it to every one. If this Cc»ngiess ims a right to establish a bank, every other Congress has. The power to tie the hands of our successors is nowhere given to us ; what tt'c can do our successors can; a legislative botly is always equal to itself. To make, and to amend ; to do, and to undo; is tiie prerogative (tf eiu'h. But here the attempt is to do what we (Hirst'lves cdunot amend — what our successors cannot anaud — and what our successors arc forbiddfu to imitate, or to do in any form. This fIiows the danger of a,ssnming implied powers. If the power to establish a national bank had been expressly granted, then the exercise of that power, bt'ing once exerted, would becvlunislcd, and no further legislation wotdtl rcnuiin to be done; but this power is now assumed upon con struclioii, after having lueii twice n-jcctcd. in the convention which framed the constitution, and is, therefnrc, without limitation as to ninnbcr or character. Mr, Madison was express in his opinions in the year IT'.M, that, if there was oiif bank chartered, there ought to be several ! Tin genius of the British monaivhy, he said, favor. 1 1 the concentration of wealth and jmiw*'!'. In America the genius of the government re(iuii'c(l the dilfusion of wealth and power. The estab- lishment of branches did not satisfy the prin ciple of diffusion. Several indejtendent banks alone could do it. The branches, instead of les- sening the wealth and po'vcr of the single insti- tution, greatly incn'a.setch the sceptre of legislation from them — do an act whicli we cana(jt amend — which they cannot amend — whicli is irrevocable and intangible ; and, to crown this act of usurpation, deliberately set about tying the hands, and iin[)osing a re- striction upon a Congress efjual to us in consti- tutional power, superior to us in leiiresenlativc numbers, and better entitled to act u[)on the subject, becan.se the present charter is not to expire nor the new one to take effect, until three ears after the new Congress shall be in power! It is in vain to say that this reasoning would apply to other legislative measures, and require the postponement of the land bill and the tarilf bill. Both these bills require imme- diate decision, and therein dill'er from the bauk 250 TIllllTV YEAIW VinW. Mil, w'licli rciinircs no division for tlirct yivirs Isliiiid ; Naudain of Dulawait- ; Poiiuloxtcr, of to ootiic. IJiit the (lilliTciu'i' is (^natcT still ; for ]yj tlu' l.iiid bill and taritl" hill aiv ordinary ai-ts of K'^jislatioii, opi'n to anii'iidnionl, or rt'pi'al, by oursc'vfs and tiicTrssors; bu( tlu' chartrr Ih to Ik- irn'vooablc, iMiaincndablo. binding; npon all ("onjrrcssos till tlu- yi-ar lMr)l. Tliis is rank ississijtpi ; I'rtiitiss, of Vermont ; iU)l)l)ins, of lUiodo Island ; IJobinson, of Illinois; Knjrpli-s, of Ohio; Scyinonr, «»f Vonnont ; Silsbiv, of Massacbiisetts ; Sniitli ((Ion. Sanuud), of Mnry- , .„ , , .-. , I ln'"l » Wl>ra;;m' of Muino; Tipton, of Indiana usurpation; and if pcrjH'trutcd by ('onLMTss, and ',,,. ,. r ,. .. » ,,r , affrwards avrostod by an Kxtrutivovot..; tho i '"".'''"■'""' "^ l^nnrcticut ; U iMipanmn, of I'lvsidi'iit will lM'conn''tlu> tnio ivprcM>nt.,tivf of ' I'"'"'<»''-'^«n. «>f Now I r.scy ; ori.srin. and also the o.xt (ion, of i.e c' Ttrino ; ^"'"^Tj of Nfw-\o,k Elli.s, of Mississippi; i Kn^rlaiu:. \ 1. yjM :i <<»,•! ',u :m.- ijii of F rsyth, of (ioorpia; (inindy, of 'JVmu'.sstf ; Qnwn .\uiu- 1 ,.,1 li.sl ^M^l. '. 'i uu i .vbisivi- privi- Hay,,,., of South Carolina ; Hill, of New lluini)- b'P" to tlio bank ol .iiKi*-'"!. •'!"* iiposod a ro.vtriotion ui)(>i> the ii;,iit of snU.tvj jja/iii'/nonts to establish anotii-T bank; and the uii ■ IS'Jd had eoiis whole (juestion of diarter or no charter go before his vote if he does, and his intei est is afterwards the people in the question of the j)residential discovered. Mr. Dallas said that he had stdd election. Some attempts were made by the lii.fore Congress : Mr. Webster said that the in- voted down by an inexorable majority ; and it Pertion of his name in the list of stockholders was evident that the contest was political, and wiw a mistake in a clerk of tlie bank. The vote relied upon bj' one party to bring them into was then taken on the j>ass.igc of the bill, and power; and deprecated by the other as tho st(Kid : Vkas : Messrs. Hell, of New Hampsliire ; flagrant prostitution of a great moneyed corpo- Huckner. of Mis.sonri ; Chambers, of Maryland ; ration to parti.san and election purposes. Tlw ^'lay. of Kentucky ; Clayton, of Delaware ; Dal- question was soon put; and decided by the fol- las of Pennsylvania; Ewing, of Ohio; Foot, of lowing votes: Connecticut; Fn.dinghuysen. of New Jersey;, y,,,._Mes8rs. Adams, C. Allan, H. Allen, Hendn-'ks, of Indiana ; Holmes, of Maine; Jo- Allison, Appleton Armstrong. Arnold, Ashley eiah S. Jo>nston, of Louisiana ; Knight, of Ilhode , Babcock, liunks, N. Barbcrj J. S. Barbour, Bar- ANNO 1882. ANDIIRW JACKSDX, IMIF.SFDRNT. 251 re; PoiiuK'xtiT, of inont ; Ko»>l'ii^«, of Illinois; U«ippli-s, inont; Silslxv, «f Samuel), of Mnry- •i|)ton. of Iinrmiift ; Wii)tiri»">»". "*" lassachuseltH; un.l >8. Nays: Messrs. Kentucky; l'-^)" 11, ;on, of N-ini.L FOR TlIK *E1) IN TllK HOUSE OF «l the Senate, after a , (luickly passed tlw contest at all. 'I'lio embers wi-ro wearied ; |very body— tli»t tho lie applie, StanlK'rry, Stephens, Stewart, Storrs Siitlierland, Taylor. P. Thomas, Tomp- kins. Tracy, Vanci', Verplanck, Vinton, Washing- ton, Walniough K. Whittlesey, F. Whittlesey, F. D. White, VVicklilfe, Williams, Yoinig.— lOli, Navs. — .Messrs. Adair. Alexander, Anderson, Archer, .1. Bates, Beardsley, Bell, Bergen, Be- tlnme, James HIair, John lilair. liouck, Bouldin, Branch, (^ambreleng. Carr, Chandler, Cliinn, Claiborne, Clay, (^'layton, Coke, Cornier, W. U American |ie'ople. It is due to them, therefore, ifllieirgovi'rmnenl sell monopolies and eNclusivu privileges, that they should at least exact for tliemas much as they are worth ino|ii'M market. 'I'lie - alue of tlie monopoly in this ease may he -eventei'n million.s of dollars, and this the lU-t propose.^ to sell for three millions, payable in fifteen annual instal- ments of .^'J(l(»,()()(l each. " It is not conceivai)le liow the present stock- holdei'S can have any claim to the special favov of the goveinment. The present corporation has enjoyed its monopoly during the jieiiod stijiidated in tho original contract. If we nnist have such a corporatioi °hy should not the government sell out flu -lie lock, and thus secure to the people I'k ."uI uiket value of the privileges granted Wl. loiild not C'oii- gress civate and sell Jn :\\"n;y-.'ight millions Davis, Dayan, Doulileday, Felder, Fitzgerald, of stock, incorpora»r . Mu Foster, Oaither, (lordon, (irillln, T. II. IIall,W. Hall, llammons, Ilariicr. Ilawes, Hawkins, IIofT- niun. Hogan, Holiand, Howard, Hubbard. Jar vis, Cave Jolinson. Kivvunagh, Kennon, A. King, J. King. Laimir, licavitt, I.ecompte, l.ewis, l-yon, Mardis, Mason, McCarty, Mclntii-e, McKay, Mitchell, Newnan, Nuckolls, I'atton, Pierson, Folk. K. C. Keed, Kencher, Roane. Soule, Speight, Staiidifei-, F. Thomas W. Thompson, J. Thom- son, Ward, Wardwell, "Wayne, AVeek.s, Wheeler, 0. P. White, AVildc, Worthington.— 8 4. CHAPTER L XV III. THK VETO. Tiir. act which had passed the two Houses for the renewal of the bank charter, was presenteears that more than a fourth )iart of the stock is held by foivipieis. and the residue is held by a few hundred of our citizens, chiefly of the richest class. For their lienefit does thi.A act exclu'"e the whole American ])eopjo from coni]>etit'on in the purchase of this monopoly, and dis[ose of it for many millions less than it is worth. This .seems the less excusable, becau.se some of our citizens, not now stockholders, jieti- tioned that the door of competition might be opened, and offered to tak(! a charter f.'U tenn.s much more favorable to the government and country. " But this proposition, although made by men wliose aggn-gate wealth is Ixjlieved to be equal to all the private stock in the existing bank, has Ijcen set iLside. and the bounty of (jur govern- : ment is proposed to be again bestowd on the ! few who have been fortunate eno-.^h to secure the stock, and at this moment Meld the power i o*" tlic existing insti'-.ilion. I cannot [lerceive I the justice or jiolicy of this course. If our gov- ! ernment Must sell monojiolies, it would seem to be its juty to take nothing less than their full value ; and if gratuities nuist be made once in fifteen or twenty years, let them not be bestowed on the subjects of a foreign govern- , ment, nor upon a designate*! or fav(,red cla.ss of I men in our own country. It is but justice aiul I good policy, as far as the nature of the case will ' admit, to confine our favors to our own I'ellow- I citizens, and let each in his turn enjoy«au uppor 252 THIRTY YEARS' VIEW. li' -k r- i '^tii. tiinity to profit by our bounty. In the bearings of tbe net U'forc nio upon these points, I find ample reiiKoiiH why it should not become a law." The President objecteB proposed aforesaid, other than for the purpo.ses of discount", to be managed and transacted by such ollices, inider such agreements, and subject to such regulutiouH as they shall deem just and proper." These are the words of the fourteenth funda- mental article of the constilutiy the advocates of the bank, that its constitutionality, in all its fea- tures, ought to be considered as settled by pre- cedent, and by the decision of the Supreni* ANNO 1881 ANDREW JACKSON, PRF-SIDENT. 253 :iiup, to oniploy any tirft iipprovcil by tho .1 any |)!i»CL' or pliiccs il iiioiKT. to iiittimp;e jji-ojuihcil aroii'Hiiid, s of (lisoouiit ; to \>e y such ollU'fS, iimUr t to such rcKulutioiw proper." he fourteenth funda- ition of the hank, and ion in e.stahUsliiiin its CO with this article. •\vy pleasid — at tlrst, [uctition of i)rt)fit and ind when it was Bie» was to be resisted by atcH, governed by the reating an interest to trol the action of the 3 it was in my own lis was refused to mo ommunity — islublish- B. And thus, it is seen error— that tliejudj;- of the "necessity" of one in the District of ink itself, the argument ■h the Supreme Court rgumcnt whicli made [leasure dependent, not lonstitution, but upon r tlie time Ijcing upon ssity " of a particuhir i>ct to receive dilfereut at diflereut times— Idiffercnt decisions in id, we may now add [e since 18;}C— during id no national bank; if the government, as |id trading business of led on with a degree of Ithc time of the cxist- I, therefore, Iwlievo 11 warranted in chal- of the decision of the ibligatory force of inc- foUows : J the advocates of tlie l.nality, in all its fwi- Ired as settled by piu- Liou of the Suprem* « Court. To thi« conclusion I cannot assent. More precedence is a dangerous source of au- thority, and should not Ik- regarded as deciding questions of constitutional jiower, except whei-e Uie accjuiescence of the jK!ople and the States can be considered as well settled. So far from tills iK'ing the case on this subject, an argument ajrainst the bank might b« based on precedent. One Congress, in 17'.>1, decideil in favor of a blink ; another, in 1811j decided against it. One Ci)iigres8. in IS IT), decided against a bank ; an- other, in I81(i, decided in its favor. Prior to tlie i>resent Congress" therefoiv, the precedents (liMwn from that source were equal. If we rc- .-.(iit to the States, the expressions of legislative, jiplicial, and executive opinions againSv the Imnk liive been, probably, to those in its favor, as four tn one. There is nothing in pix'cedent, there- lure, which, if its authority were admitted, ought ti) weigh in favor of the act liefore mc. " If the opinion of the Supreme Court covered tlie whole ground of this act, it ought not to control the co-ordinate authorities of this gov- ernment. The Congress, the Executive, and the CDurt, nuist each for itself be guided by its own opinion of the constitution. Each public officer wiio takes an oath to support the constitution, swears that he will support it as ho imdcrstands it and not as it is understood by others. It is X nuich the iluty of the House of lleprcscnta- tivis, of the Senate, and of the President, to (liHile upon the constitutionality of any bill or risoliitiou which may be presented to them for jiM-i-agc or approval, as it is of the supreme ju'lizes, when it may be brought before them fir judicial decision. The opinioji of the judges \\;\< no more authority over Congress than the oiiinitMi of Congress has over the judges; and on that point the President is independent of botii. The authority of the Supreme Court must not, therefore, be i)erir.itted to control the Con- gress, or the Executive, when acting in their legislative capacities, but to have only such in- tliience as the force of their reasoning may de- serve. '• Tint in the case relied upon, the Supreme Colli I, have not decided that all the features of this corporation are compatible with the consti- tution. It is true that the court have said that t'l" law incorporating the bank is a constitution- :i I exercise of power by Congress. But taking into view the whole opinion of the court, and till! reasoning by which they have come to that CMiuliision, I tmdcrstand them to haVe decided th:U, iiiasnnich as a bank is an appropriate in.niis for carrying into ellect the enumerated |i iwirs of the general governnipnt, therefore the !i.v incorporating it is in accordance with that provision of the constitution which declares that I'diitress shall h.ave power 'to make all laws u hieh shall be necessary and proper for carrying tiii>>i' powers into execution.' Having satisfied tiicniselves that the word 'necessary,' in the constitution, means ' needful.' ' requisite,' ' essen- tial,' 'conducive to,' and that 'a bank' is a con- venient, a useful, and essential instrument in tho prosecution of the government's ' fiscal ojHTa- tions,' they conclude that to ' use one must bo within the discretion of Congress;' and that 'the act to incor|)orate the liaiik of the I'liited States, is a law made in pursuance of thi' con>ti- tution.' ' But,' say they, ' where the law is not prohibited, a.id is really calculated to effect any of the objects intrusted to the government, to undertake here to inquire into the degree of its necessity, would lie to pass the line which cir- cinnscriljes the judicial department, and to tread on legislative groiuul.' " The principle, here afllrmcd. is, that tho ' de- gree of its necessity,' involving all the details of a banking institution, is a cpiestiou exclusively fir legislative considenition. A bank is constitu- tional ; but it is the province of tho legislature to determine whether this or that particular power, privilege, or exemption, is ' necessary and ju-oper' to enable the bank to discharge its du- ties to the government ; and from their decision there is no appeal to the courts of justice. Un- der the decision of the Supreme Court, therefore, it is the exclusive pr';,ince of Congivss aiul the President to decide whether the particuhir features of this act are 'necessary and jn-oper.' in order to enable the bank to perform, conveni- ently and efficiently, tho public duties as.si.L:ned to it as a flscal agent, and therefore constitution- al ; or unnecessary and improiier, and therefore unconstitutional." With regard to the misconduct of tho institu- tion, both in conducting its business and in re- sisting investigation, the message spoke the gen- eral sentiment of the disinterested country when it said : " Suspicions are entertained, and charges are made, of gross abu.ses and violations of its charter. An investigation unwillingly conceded, and bo restricted in time as necessarily to make it in- complete and unsatisfactory, discloses enough to excite suspicion and alarm. In the practices of the principal bank, partially unveiled in the ab- sence of important witnesses, and in numerous charges contidently nuide, and as yet wholly iminvestigated, there was enough to induce a majority of the committee of investigation, a committee which was sek-cted from the most able and honorable members of the House of Representatives, to recommend a suspension of further action upon the bill, and a prosecution of tho inquiry. As the charter had yet four years to run, and as a renewal now was not ne- cessary to the successful piiwecution of its busi- ness, it was to have been expected that the bank itself, conscious of its purity, and proud of its ! character, would have withdrawn its application for the present, and demanded the severest scru- tiny into all its transactions. In their declining ! to do so, there seems to 1>e an additional reason , why tiie functionaries of tho government should 254 THIRTY YEARS' VIEW pnicpfd with Iotn liasto, and more caution, In the ri'iiuwitl of their jnonojM)ly." Th« np|K'iiranct' «)f tlio veto nK>Hsa);c was tliu |ii>;iiai for tlic delivery of the ^ruat h|(« eches of thu a(iv>)cateH of th» bank. Thus far they had held haelt, refrainiii^^ from peneral debate, ami liniitiiifi; theniHelveH to brief answers to current objections. Now they came forth in all their Htrenglli, in s|)cechcs elaborate and studied, and covering; the whole groimrl of constitutionality and expediency; and delivered with imusnal wiirnilh and vehemence. Mr. Webster, Air. Clay, Mr. Clayton of Delaware, and Mr. Ewini; of Ohio, thus entered the lists for the bank. And why these s|H'eches, at thia time, wlien i; was certain that s|R>aking would have no ell'ect in overcoming the veto — that the constitutional majority of two thirds of each House to carry it, so far frt)m being attainable, would but little exceed a bare majority ? The reason was told by the s|)eakcr.s themselves — fully told, as an appeal to the people — as a transfer of the sidential election, then impendin};, and within four months of its con- summation— and a refusal on the part of the corporation to submit to the decision of the con- stituted authorities. This was plainly told by Mr. Webster in the o|)ening of his argument; friprhtful distress was predicted: and the change of the chief magistrate was presented as the only means of averting an immense calamity on one hand, or of securing an immense bcncKt on the other. He said : " It is now certaii^ tliat, without a change in our public councils, this bank will not be con- tiiuicd, nor will any other be established, which, according to the general sense and language ol munkind, can be entitled to the name. In three years and nine months from the present mo- ment, the charter of the bank expires; within that period, therefore, it nuist wind up its con- cerns. It must call in its debts, withdraw its bills from circulation, and cease from all its or- dinary operations. AH this is to be done in three years sind nine months ; because, although there is a provision in the charter renise the corporate name for two years after the expiration of the charter, yet this is allowed only for the purpose of suits, and for the sale of the estate belonging to the bank, and for no other purpose whatever. The whole ac- tive business of the bank, its custody of pub- lic dejwsits, its transfers of public moneys, its dealing in excliangc, all its loans and discounts, and all its issues of bills for circulation, must cease and detennlno on or beft)re the 3d «lay of .March, iHM't; and, within the name iHrind, Its debts must be collected, as no new contract can be made with it, as a corporation, for the re> newal of loans, or discount of notes or bills, after that time." Mr. Senator White of Tennessee, seiRing upon thia open entrance into the i)olitical arena by the bank, thanked Mr. Webster for his candor, ami Rummonetl the i)cople to the coni)>at of the great moneye this attempt to have succeeded, and the Pivsiilent, through fear of his election, had signed this char- ter, although he conscientiously believes it will l)e destructive of the liberty at the people who have elected him to preside over them, and pre- serve their liberties, so far as in his power. What next? Why, whenever the climter is likely to expire hereafter, they will come, as they do noWj on the eve of the election, and comiwl the chief magistrate to sign sucli a charter as they may dictate, on pain of being turned out and disgraced. Would it not Iks fur better to gratify thi ' moneyed aristocracy. t<> the whole extent at once, and renew their charter forever ? The temptation to a periodical interference in our elections would then be Uiken away. •'Sir, if, under these ciriunstances. thechirtcr is renewed, the elective franchise is destroyed, and the liberties and prosiwrity of the |)eopIe are delivered over to this moneyed institution, to be disposed of at their discretion. Against this I enter my solemn protest" The distress to be brought upon the country by the sudden winding up of the bank, the sud- den calling in of all its debts, the sudden with- drawal of all its capital, was pathetically dwelt upon by all tho speakers, and the alarming pic- ture thus presented by Mr. Clayton: "I ask, what is to be done for the country'? All thinking men must now admit that, as the present bank must close its concerns in less than ANNO 1832. ANDRKW JACKSON, riUMKKNi: 255 roro the 3il «lay of ( uaino jHTiod, It* new (•(intrort cnn ration, for the if- of iiotcH or bills, Bunco, icieinR upon political nifim liy tcr for lii« cnntlor, the roinlmt of tlio pt'iily lit till' lu'ii'l I carry inp; tlio for- iicHtion of itH own (I: the candid avowal, II Hign such a char- , they intend to in- ideavor to displace • 1 Ktiite that, after Hhall never be re- r as it is. Ininiedi (lirectors apply for I the l're.-*ident at rn, for the express to sifTU t..iitiT.ry to ■riiiK all their hos- tile pt)lls. SupiK)se |l,aiidthePivsideiit, ad 8ipneower. cr the chill ter is liiy will come, as the election, and sijin such a charter if beinc turned out 1x3 fiir better to iicy, to the whole ir charter forever? ical interference in uken away, tanees, theehxrtcr se is destroyed, and of the people arc (I institution, to be Against this I upon the country the bank, the sud- . the sudden with- pathetically dwelt the alarming pic- J lay ton: ft>r the country 1 ladmit that, as the Incerns in less than four yenm, the pecuniary distn-ss, the conimer- rinl embarroMKinentM. con^'fiuent upon its de- utruction, must exceed any tninn which Iibh ever U-en known in our history, uuIchh some other bank can tie entublished to relieve uh. Ki^ht and a half niillionH of the bank capital, belong- ing to foreigners, must lie lirawn from us to Kiirope. Seven millionN of the capital nmst lie Iiaid to the governmunt, not to lie loaned apiin, )iit to remain, as the President proposes, de- posited ill a branch of the treasury, to check the iHsiies of the Im-al lianks. The immense avail- able resourses of the present institution, amount- ing, as ap|iears by the report in the other House, to !8;82,()57,4H,'{, arc to lie used for banking no longer, and nearly fifty millions of dollars in notes discounted, on {lursonal and other security, must bo \mA to the bank. The Statu banks must pay over all their debts tu the expiring in- stitution, and curtail their discounts to do so, or resort, for the relief of their debtors, to the old plan of emitting more paper, to be bought up by epeculators at a heavy aiscount." This was an alarming picture to present, and especially as the corporation hud it in itH power to create the distress which it foretold — a con- Kiimmation frightfully realized three years later — but a picture equally unjustitlablc and gratu- itoiLS. Two years was the extent of the time, after the expiration of its charter, that the cor- poration had accepted in its charter for winding up it^ business ; and there were now four years to run before these two years would nommenne. Tlie section 21, of the charter, provided for the contingency thus : '• And notwithstanding the expiration of the term for which the said corporation is created, it shall be lawful to use the coporate name, style mid capacity, for the purpose of «uitfl for the final settlement and liquidation of the affairs and accounts of the corporation, and for the sale niid disposition of their estate real, personal and mixed : but not for any other purpose, or in any (itlier manner whatever, nor for a period exceeding two years after the expiration of said term of incorporation." Besides the two year., given to the institution after the expiration of its f barter, it was perfect- ly well known, and has Kiiice been done in its own case, and was done by the first national bank, and may be by any expiring corporation, that the directors may appoint trustees to wind lip their concerns ; and who will not lie subject to any limited time. The first national bank — that which wa.s created in 1791, and expired in IS 11 — had no two years, or any time whatever, allowed for winding up its affairs after the expira- tion of its elmrter— I ml the qu(stim the second bank, if denied a renewal four years before the cxpiratiim of its charter, and four years U-foru the commencement of the two years to which it is entitled, was entirely gratuitous, and would have lieen wicked if executed. Mr. Clay c ^ of moiiarchial origin, he alluded to the popular outum brought upon Louis the Kith by its exercise, and the nieknanie whii^b it caused to be fastened upon him. He suid : "The veto i.s hardly reconcilable with the genius of representative government. It is to- tally iriecoucilable with it, if it is to be fre- quently employed in respect to the exju'diency of measures, as well as their constitutionality. It is a feature of our government borrowed from a prerogative of the Hritish King. And it is re- markable that in Kngland it has grown obsolete, not having lieen used for upwards of a century. At the commencement of the Kivneh Uevolution, in discussing the principles of their constitution, in the national convention, the veto held a con- spicuous figure. The gay, laughing population of Paris bestovvcn it, nnd to n(h>j)t or nject it at an ensuing Congress. It was a. power eniii cntly ju.st ami proper in a re- presentative goreriunent, and inteitdertunate LouIh the Kith had aflixed liis vetiHs. One was the decree ajrainst the emi- grants, ilodinin^ to death and confiscation of olate eviiv ;.-.:>u, woman, and child who shoidd attcuijif to save their lives by llyinj; from the pike, file fruiIlotiue,.''.nd the l.imp-post. The other was a (Ii'iM-ce exposiuj; to death the JuinisterR of rel);.'ion who could not take an oath which their consciences repulsed. To save totteriiip ape, trembling mothers, and all'righted cJiildren from II' ssacre — ti> save the temples and altars of (ioueen. w"ie,'. seen at the windows of hir jirison, her locks paie with premature white, the effect of an iigoniKed mind at tiie ruin she witnessed, the i)(iisn(in/c» saluted her also as Madam(^ Vet'i; and tiie Panphin came in for the epithet of the Little Veto. All this was terrible in France, and in the disorders of a revolution; but why revive their remenii)rance in this Congress, successor to those which were accustomed to call this king our gi-eat ally ? and to compliment him on the birth of that child, stigmatized Iv petit Vfti), and iK'rishing prematurely under the inhu- numilies of the convention inflicted by the hanii of Simon, the jailer ? The two elder vetoes. Monsieur and Madame, came to the guillotine in Paris, and the young one to a death, compared to which the guillotine was mercy. And now, why this allusion 1 what aii|)!ication of its moral i Surely it is not iK)intl(ss ; not devoid of meaning and practical application. AVe have im blootly guillotines here, but we have political ones: sharp a.xes falling from high, and cutting off political heads ! Is the service of that a.\e ii\- voked here U|)on ' (ien< ral Amlrew Veto?' If so, and the invm-ation shoidd be stircessful, then Andrew JacLson, like Ijouis Kith, will a'asc to bo iu any body's way in their iimrL-li to jiower." I^Ir. Clay al^o introduced a fable, not taken from A^.sof — that of the cat and the caglt — the moral of which was attempted to be turned against him. It was in allusion to the Pn'si- dent's message in relation to the bank, and the conduct of his friends since in ''attacking" the institution; and said : " They have done so ; and their condiiion now reminds me of the fable invented by Dr. Frank- lin, of the Kagle and the Cat, to demonstrato that /Ksop had not exhausted invention, in the construction of his memorable fables. The ea- gle, you know, Mr. President, pounced, from his lofty ilight in the air, upon a cat, taking it to be a pig. Having borne off his prize, he (piick- ly felt most painfully the claws of the eat thnist deeply into his sides and body. Whilst flying, he held a jmrley with the supposed pig, and proposed to let go his hold, if the other would let him alone. No, says puss, you brought mo from yonder earth below, and I will 'nld fast to you until you carry me back ; a condiiion to which the eagle readily as.sented." Mr. Benton gave a poetical commencement tu this fable ; and said : " An eagle towering in his prido of height was — not by a mousing owl, but by a jiig under a jimpson weeil — not hawked and killed, but caught and whiitt. The opening he thontlit grand ; the conclusion rather balhotic 'He mistake of the sharp-eyed bird of Juve, le thought might be attributed to old age dim- ming the sight, and to his neglect of his specta- cles that morning. He was rather surprised at the whim of the cat in not choosing to fall, see- ing that a cat (unlike a iM)litician sometimes), always f dls on its legs ; but concluded it was a picT of pride in puss, ani tion of the \n\ix to the President to sign its charter, and it will sujiport him for the prcsi- I dency — if not, will keep his claws stuck in liis ^ sides. Ihit, Jackson, different from the efl^;li! with his cat, will have no conqiromise, or bar- gain with the bank. One or the other shall fall ! and be dashed into atouis ! I " Having disposed of these preliminary topic* ANNO 1832. ANDREW JACKSON, rUESIDENT. 257 I fublc, not taken ii»l the eiiglc — the ti'd to lie turned ision to tlie Pri'ss- thc Imnk, and the in 'attacking" tho heir condition now ited hy Dr. Krunk- at, to denionstiato d invention, in tho l>le fuhk's. The ea- , pounced, from his n cat, taking it to his ])ii7e, he iiuick- ws of the cat tlintst ily. Wliilst liyinn, "suppo^^ed \»\i. and if tlie otlier would ss, yf)U hrou}:ht nio jnd"l win 'nid last lack ; a eondilion to ;nted." il conuncnceracnt to his priilo of hei^'llt 1, hut hy a pic uuti<-. Tie d to old a-ie diui- jK-;:lect of his spccla- 8 rather surpii>ed at choosiu^ to fall, sec- J)litician sonietinu's), lit concluded it was a !l wish to :\,-siuiil:itc iiut; and hiiviuj: fioiie t woulil come down lute spri'ad over its .,and well told; hut J^sop always had )r. Franklin, his im- , particular, thou^ih iter in fahulous repu- rinklinij; of pnu'tical or Bpoke without a And now, what h henator from K«'i>- he inferi-etl ; he Ims [jacksou is the e:ij;li' ; iirley is the propo>i President to sijin its [t hinj for the pie>i- lis claws stuck in Ins rent from the t'«^li' conqironuse, or hur- or the other shall loniK ! io preliminary topics Mr. B. came to the matter in hand — the debate on the hank, whk;h had only conunenced on the side of the friends of that institution since the rcturi^ of tho veto message. Why tlehato the i)ank question now. he exclMmcd, and not de- hnte it licforc? Then was the time to make converts; now, none can l)e e.xpoctfd. "Why are lips unsealed now, which were silent as the grave when this act was on its passage through the Senate ? The senator from Kentucky him- self at the end of one of his numerous jierora- tions, declared that he e.xpectwl tfi make no converts. Then, why speak thrc" hours ? and other gentlemen sjieak a who'o day ? Why this iKnttJ'di'tn — post mortem — this fiosllniDinii.-i — deoate ? — The deed is done. The hank hill is finished. S|K>aking cannot change the minds of senators, and make them reverse theii votes; still less can it change the President, and make him n'call his veto. Then why sjH'ak ? To whom do theysjK'ak? AVith what object euate, nor the Pres- ident, nor to alter the fate of the bank bill. It is to rouse the otiicers of the bank — to din'ct the ef- forts of its jnereenaries in their designs upon the people— to bring out its stream of corrupting iuMu- eiicc, by inspiring hojie, and to embody all its re- cruits at the ./olls to vote against I'rcsideut .lack- son. Without an avowal we would all know this; but we have not been 'vfl without an avowal. The .senator from .Massachusetts (.Mr. Wtlistr), who OjH'ued yesterday, commenced his sptcch with showing that Jackson nnist be put ilovvn; that he stood as an impa.ssable bar- riiT between the bank and a new charter; and tliitt the road to success was tlirough the ballot boxes at the presidential election. The object of this debate is then known, confessed, declared, avowed ; the bank is in the Held ; enlisted for the war ; a battering ram— the iiitupitlln, not (iC the Uomans, but of tho National Hepublicans ; not to beat down the walls of hostile cities, but to heat down the citadel of American liberty ; to hatter down the rights of the jk-ojiIc; to de- stroy a hero and patriot; to command the elec- tions, and to elect a Bank President by dint of hank jiower. ''The bank is in the field (said Mr. B.),ac .in- halant, and a fearfid and trememkius one, in the prcsideiitiid election. If ..he snccecils, tJiere is an end of .\merican liberty — an end of the re- imlilii". The forms of election nuiy be jHTUiitted iiir a while, as the forms of the cou-ular flec- tions were jieiinitted in Koine, duriiiij: the last years of the republic; but it will be fur u while. iiiiiy. The I'lesideut of the bank, and the Pres- ident of the I'nited States, will be eou-ins, iiud cousins in the royal sense of the word. They will elect each other. They will elect their sue- (vs-ors ; lliey will traiisuiit iheir tliroui - to thi'ir •lesciMiilants, and that by lejrisl;i(ive coiistnie- tion. The irrcat N'a])ole(Ui was decreeil to be lureiliiary I'uipiTor by virtue of l|i ■ 2lld ai'licle uf the ei iisiiui'ion of the republic. The con- Vol. 1.— 17 servative Semite and the Tribunitial Assembly nnule him emperor by construction ; and the same constructmn which was put upon the 22d article tif the French constitution of the yeor VIII. may be as oasily placed upon tho 'general welfare' clause in the constitution of these I'nited States. •' The Bank is in the flehl, and tlie West,— the (ircat West, is the selected theatre of her ojierations. There her terrors, her seductions, her energies, her rewards and her punishments, an; to be directed. The senator from Massa- chusetts op«'ned yesterday with a picture of tho ruin in the West, if the bank were not ruchar- i tered ; and the senator from Kentucky, Mr. Clay, wound up with a retouch of the same pic- ture to day, with a closeness of coincidenco which showed that this part of the battle ground had lieen reviewed in company by tho ass(K-iate generals and duplicate .senators. Both agree that the West is to be ruined if the bank lie not rechartered ; and iveharteivd it cannot lie, unless the vtio President is himself vetoed. This is certainly candid. Bui the gentlemen's candor tlid not stop there. They went on to show the iiiDtlim opcntiuli ; to show how the ruin would Ik- worked, how the country would lie de- vastated, — if Jackson was not put down, and tho bank rechartcred. The way was this : The West owes thirty milli(ms of dollars to the Imnk; the bank will sue every debtor within two years af- ter its charter expires ; there will be no money in the country to pay the jmlgnieiits. all pid|ierty will Ik' sold at auction; the price of all pro|urty will fall ; even the growing crops, (piile up to Boon's Lick, will sink in value and lose half their price! This is the picture of ruin now drawn by the senator fro?u Massachusetts; tlie.se the words of a voice now |ileading the cau-e of the West against Jackson, the souiul of which voice never happened to be heard in favor of the We>' during the late war, when her sous were bkedin;' under the British and the Indian.s, and Jackson vvius |ie- rilling life and fortune to sa\e and redeem her. " This is to Ih' the |»unishnient of the West if she voti's for Jjicksou; and by u plain and natu- ral inference, she is to have her lewanl for put- ting him down and imtting up another. Thirty millions is the bank debt in the West ; and these thirty niillifins they threaten to collect by writs of execution if Jackson is re-elected; but if he be not elected, and somebody else bo elected, then they proini>e no forced payments shall be exacted, — hardly any jiayinent at all! The thirty millions it is pretended will alniusl be turgiven; and thus a bribe of thirty millions is deceitfully oli'ered for the Western vote, with a threat of punishment, if it be not tukeu ! Ihit the West, and esjiecially the Stale of Ohio, is awari' that .Mr. t'iuy id. lit Clay and I'lv-idcnt Hiddle have obtained their double sway, all these fair promises will be foigolttu. .Mr. B. had read in the Itomiui hislory of the f. 258 THIRTY YEARS' VIEW. empire IwinR put up to snlo ; he Imd read of victorious ptneralH, rc'tiirniiif!; from Asiatic con- quests, and loaded witli oriental spoil, Mddiu}; in tlic market for the considsliip, and purciias- iuK tlioir elections with the wealth of contpicred kingdoms ; hut he had never exnccied to wit- ness a hid for the pri'sidency in tliis youn^ and fnc rcpultlic. lie thou^^ht he lived too early, — too near the hirth of the republic, — while everj' thinp; was yet t(Jo young and innocent, — to sit' the American presidency put up at auction. Hut he aflirmed this to he t'le case now ; and called upon every senator, and every auditor, who had heard the senator from Massachnselts the flay hcfon-, or the senator from Kentucky on that ilay, to put any other construction, if they could, upon this seductive oiler to the West, of indelinite acconunodation for thirty millions of di-ht, if she would vote for one pen- tleman, and the threat of a merciless exaction of that dihl, if she voted for another ? "Mr. 1-. denianilerl how the West came to he selected hy these two senators as the theatre for the oiH>ration of all the terrors and seductions of j the hank deht ? Did no other part of the country | owe momy to the hank? Yes! certaiidy, lifteen | millions in the Soiitii, and twenty-nve millions ] north of the I'otomiic. Why then were not the j North and I lie South included in the fancied fate of the West? Simply hecause the presiden- i tial election could not he aU'ectefl by the hank debt in l)io-;e (piartirs. The South was irrevo- : calily li.Nid ; and the terror, or seduction, of the pa\Mii'iit. or non-|>!iymint, of her bank dibt, , would o|ier.iti' nothing; there. The T.'orth owed but little, cunipaiH'd to its means of paymeiil, I and the presidi-ntial election would turn upon other |KMnts in that region. The bank debt was the aipnncnt for the West ; and the bank and the orators had worked hand in hand, to pro- duce, and to use, this argument. Mr. 15. then ftirirnied. (hat the debt hail been civated for the very purpose to which it was now applied ; an eleclioiuering, political purpose; juid this he l»roved by a reference to authentic docununts. '• /V/s'/.- He took the total bank debt, as it ex- isted when President Jackson lirst brought the \ bank charter befotv the view of Congress in I)e- j CI niber. 1.^2!», and showed it to be ^ lu,:i !(•.,( Hid; ; then he toik the total debt as it stood at pre- ^ nent, being . showed an in- 1 crease of tliii'ty n.illions in the sho:' space of ' two years and lour months. This great increase had oeeurre(l >iiici' (lie President had delivered opinions against the bank, and when as a pru- dent, and law al)iding institution, it ought to , have been reducing and > urtailing its lnr-inc-s, or at all events, keeping it stationary, lie then hliowtd llie anu'ial progress of this inereai-e, to deniLUstrate (ha* tlie iiierea-<' was la--ted elo-er and closer u|mui the people, lie showed lliiit the increase (hi- lir.>t year aCier the \ message of l^J'.' was lour millions andacjuarter ; ' in the second year, which was last year, alwut nineteen million.^, to wit, from .$14,052,000, to ^(;;{,02()-l.'J2; and the increa.so in the four flrit months of the present year was nearly five mil- lions, luing at the nite of about one million nnd a quarter a month since the bank had applied for a renewal of her eharter ! After haviig shown this enormous increase in the sinn total of the debt, Mr. IJ. went on to kIiow where it had taken place; and this he proved to Ik: chielly in the West, and not merely in the West, but prmcipally in those parts of the West in which the presidential election was held to l)C most doubtful and critical. •' lie began with the State of Louisiana, nnd showed that the increase there, since the delivcrj- of the message of 1«20, was $;r).()(;i.l(ll ; in Kentucky, that the increase was .Sii.OO'.),^;^ : that in t)hio, it was .*!2,07'.l,2(>7. Here was an increase .)f ten millions in three critical and doubtful Slates. And so on, in others. Having shown this enormous increase of «lebt in the West, Mr. H. went on to show, from the time and circumstances and subsequent events, that (hey were eri-ated for a political pnri)Ose. and had already been used by the bank with that view. Hi' then recurred to the two-and-twenty circulars, or writs of execution, as he called them, issuet ortler of curtailment, in Octolur, IHIJI, to (lu end of May, IH.'12! Her leasons then assigned lor curtailing at the Western branches, werr false, infamously false, and were proved to be so by her own returns, 'llu' true reasons were political : a I'orelasie and preluile to what is now threaleiu'd. It was a mano'iivre to jiri'ss tlir debtoi's — a turn of the screw ujion the boirou- er.s — ('. make them all eiy out and join in tiic clamors and petitions lor a renewed eharttrl This wa~ the reason, this the object ; and a inovt Wiiiiton and cruel spoi-ting it was with (he |ir>- pcr(y and ji'i lings of the unfortunate ilcblor-. The overliowing of the I'ivi r at l.oui-villc aii'l CiiieiiMiali. gave (he bank an oppordiiiily it showing its gracious coiidi'scension in the di:- jioraiy and .-li;;ht relaxation of her order- ii tllo-e places ; but there, and evel'y where dx i. l!ie West, (lie screw was tui'iied far enough i" iiiMke (lie .screams of (he viedujs reach (heir ii- pr(scii(a(ivcs in t'on;^res-. lu Mobile. wVay. hall' a million was curiailed out of a million nnd a half; at every other branch, curtailments are t.'il, (le! (Ill VV.'II tec 'Ii L'eli 'ml tiiit \v;iv t'c lIlHt allhi ;(■- Wo; I tlie ANNO 1832. ANDREW JACKSON, PRESIDENT. 259 last ypnr, alwut !$ 14,052,0(10, to in the four first s nearly five mil- t one million and mnk had applied ! After havii:^' « in the sum totsil U) show where it ho proved to Ik; erelyinthcAVest, s of the West m ,n wart hold to be of Lonisiana, and ■> since the dulivcry tts $;r>.OC,l.lVc\v ha~ posits; that she Wi»> iA< she asserted, for loans in other ([oar- ,un and a unarter a increased tliem ten the date of the lh>t )rt..ber. 1H:U, to Hie (■iisons then assipied torn branches, wen were jiroved to be so true reasons were oliidetowhat is now loMivre t" press tli<' w npon the hornnv- ' (.ut and join '" <'»; ii niu'wed charttr. lu'obiect ;andan>ovl it was witli till- pp- nnfortnnate debtor-, iv.rat l.oni-ville luM k nn I'pportwnity "t [U'scensinii in the tii.'.- inn of her order- iii i„l every where els» li Inrne'l" far enoieih i" iclnijs reach their n- In Mobile, ul'iii'. ,1 out of a million am! .nch, curtuilments are ri'l \v fioinjj on ; and all this for political effect, and to K' followed up by the electioneering fabrication that it is the effect of the veto mesnagc. Yes ! the veto message ami President, arc to Iw held np as the cause of these curtailments, which have l)Cfn poinp on for half a year past ! '"Connected with the creation of this new debt, was the establishment of several new branches, ami the pmmise of many more. In- stead of rtMnainin;^ stationary, and awaiting the action of Congress, the bank showed it .elf de- termined to spread and extend its business, not only in uUI not Im* re-i'Iected, and that they should elect a representative to vote for the re- charter. " Mr. B., having shown when and why this Western debt was cri'ated, examined not into the alleged necessity for its prompt and rigorous enllection, if the charter was not renewed ; he denied the existence of any such necessity in point of law. He allirined that tlie bank could take as much time as she pleaseil to collect her (lehts, anil could be just as gentle wit!i her debtors as she chose. All that she had to do was to convert a few of her directors into trus- tees, as the werfelt and feared occasioned the pressure at that place ? And will thai disposi- tion ever Ixi wanting to such an institution as that of the Hank of the United States ? " The senator from Kentucky has changed his opinion about the constitutionality of the bank ; but has he changed it about the legality of the trust? If he has not, he nuist surrender his alarms for the ruin of the West ; if he has, the law itself is unchanged. The bank may act under it ; and if slie 'Iocs not, it is because she will not ; and becjiuse she chooses to punish the West for refusing to support her candiihtte for the presidency. What then becomes of all this cry about ruined fortunes, fallen prices, and the lo.ss of growing crops? All imagination or cruel tyranny ! The bank debt of the West is thirty millions. She has six years to pav it in ; and, at all events, he that cannot pay in six years, can hardly do it at all. Ten millions are in bills of exchange; and, if they are real bills, they will l»e payable at maturity, in ninety or one hundred and twenty days; if not real bills, but di.sguised loans, drawing interest as a debt, and premium as a bill of exchange, they are usurious and void, and may l»e vacated in any upright court. "But, the great point for the West to fix its attention upon is the fact that, once in everj' ten years, the cajiital of this debt is paid in annual interest; and that, after paying the capital many times over in inteiest, the principal will have to be paid at last. The sooner, then, the capital is paid and interest stopped, the better for the coun- try- " Mr. Clay and Mr. Webster had dilated large- ly upon tin- withdrawal of bank capital from the West. Mr. It. showed, from tin- bank doc- uments, that they had sent but ',i.iM,Oll() dol- j lars of capital there ; that the operaiion was the other way, a ruinous drain of capital, and that I in hard nmney, from the West. He went over I the tables which showi-d the annual amount of these drains, and deinonstrated its ruinous na- ' ture upon the South and West. He showed tiie tendeiu-y of all branch bank jiaper to flow to the I Northeast, the necessity to redeem it annually ' with gold and silver, and bills of ext hange, and I the inevitable result, that the West would even- tually be left without either hard money, or . branch bank )ia|H'r. '"Mr. Clay had attributed all the disasters of ' the late war, especially the surrender of Detroit, and the HIailensbiirg i-oiit. to tlie want of this bank. Mr. B. asked if hank credit-. <>r bank ' advances, could have inspired cunraec into the i bosom of the unhappy old man who h.iu iiicn ''kpf 260 THIRTY YKAUS' VIKW. 'iii i -!- thp caiiRO of tho siirn-tKlor of Detroit ? or, coiiM have made those flfrht wlio could not be in-ipired by tho view of their ciipitol, the presence of their President, and the neuritroxiniity of their fami- liort and HresideH ? Andrew •lack.son conquered •t New Orleans, without money, without arms, without credit — aye, without u bank. He pot even his Hints from the pirates. lie scouted the idea of brave men lieing produced by the bank. If it had existed, it would have Iwcn a burthen upon th ,' hands of the frovernment. It was now, at this hour, a burthen upon the hands of tlic povernment, and an obstacle to the payment of the public debt. It had procured a nayment of 8i.\ millions of the public debt to f»e delayed, fronj Jidy to Octolk-r, under the pri'te.xt that the merchai.ts coulil not pay their bond.s. when these Ijonds were now paid, and twelve millions of dollars — twice the amount intended to have In-en paid — lies in the vault< of the bank to la' used by her in beatinpdown the vet > message, the author of the messnpe, and all wlm share his opinions. The bunk was not only a burthen upon the hands of the povernment now, but had been a burthen upon it in three years after it started — when it would have sto|)ped payment, as all America knows, in April \Hl^, had it not bi-en for the iise of «'ipht millions of public deposits, and the seasonable arrival of wapons loaded with specie from Kentucky and Ohio. "Mr. H. defended the old banks in Kentucky, Ohio, ami Tennessee, from the as|>ersious which hud been cast upon them. 'J'hey had aided the fiovernmcnt when the Xorthern bunker.-, who now seotf at them, nfused to advance a dollar. They hud advanced the money wl i !h enabled the warriors of the West to po forvh to liatfle. 'J'hey had c:ippled themselves to aid their pov- ennneut. After the war they resumed s|K'cie payments, which had lieen sus|H'ndcd with the consent of the •-'jislatures, toeindile them to ex- tend all ihrir i ans in aid of the national strnp- ple. This resn iption was made inacticable by the Treasury deposit, in the Stat.- institutions, Tliey were withdrawn to pive ciipitul to the brunches oft he preutm(mo|K)ly, when fii-st ex tend- ed to the West. These brunches, then, produc- ed upuiu the druininpof the local banks, which they had volunturiiy suilered for the sake of povermnent durinp the war. They had sacri- liced their interests and credit to sustJiin the credit of the national treasury — and the tivasu- ry surremlereil them, us u sacrifice to the nutional bank. They stopped payment under the pivs- > lire anil extortion if the new estnblishnients, Ml .tdu' I )» tinst the consent of the people ami K-^i ' ii":' s oi *].' Western States, The jiaper of th "•' i- ! dent for objeeting to foreign sttwkholdcrs in tlie Biii.k oftlie liiited States. .Mr. B. maintained the ■ soliility of the objictioii. and exposed the futility of the argument urged by the duplicate senators. ' They had asked if foreigners did not hold ^tvfk ' in road and canal companies ? Mr. B, sai iH)wers and rij-'bts PiTsidint had not ul met it fully, lb' lit it in his tut s.-a;;'.s uijrht have remained if both parties ; but ,. country re(iuirid .n the consideralitin •itked tliem up ; and has secured tbein this evasion 7 iitlacked the IMtm- h stockholders in tlie Kir. 11. maintained the [l cxposeil the fuiility K' duplicate senators. s did not h.d.l >t>Hk ? Mr. U. said. yi-I nipiinies did not Iriji- ruitcdSliae^! 'lli^' l.unk were the b.i nk - licy held its moiic\>; s ; tlicy almi'st cm- rti're to pvi' or witl'- iicaee, and, it mi}'}'' .(■nimtnt. Wa- il >' luiuin Ibrcitcners 111 a dhieuce? The biuiU WIS a national institution. Ougtit a national in- stitution to be the private property of a'iens? It was called the Bank of the Uniteil States, and oii;;l»t it to be the bapk of the nobility and gen- trv of Great Britain? The senator from Ken- tucky bad rnce objected to foreign stockholders liiiiHi-lf. He did this in his speech against the li;iiik in 1811 ; and although he had revoked the ciiiis;i;utional doctrines of that speech, he [Mr. 11.] never understood that ho had revokecf the - iiijim-nts then expressed of the danger of cor- Miliiii>u ill our councils and elections, if foreijiners wcl lud tlic moneyed |)ower of our country. He till 1 us then tliat the nowi r of the purse command- ed il.a: tif the sword — and would he commit Itoth to till- bands of foreiL-^ners ? All the lessons of hi>i"ry. said Mr. B.. admonish us to keep clear of f I, V411 iiiduence. The most dangerous influence fi- III furoigiiersis through money. The corruption of orators and statesmen, is the ready way to |ioi.:ili])oint their hopes of fortunf, and whose ai'iiicvement at New Orleans is a continued me- iiiiiifo of the most signal defeat the arms of Eng- land ever sustained? •'I'lie President, in his nicssngc. had charac- tcri/.fil the cxc'usive privilege of thi- bank as 'a iiionopol}'.' To this Mr. Webster had taken (xciplion, and ascended to the Cireek root of the wonl to demonstrate its true signification, aiiil the incorrectness of the President's applica- tion. Mr. B. defended the President's use of till' term, and said that he would give authority too, but not Greek authority. lie would as- cend, not to the Greek root, but to the Engli.sh io>t of the word, and show that a whig baronet iial applied the tenn to the Bank of England \vitli still more ofl'ensive epithets than any the rivsideiit had used. Mr. B. then read, and c luiiiu'iited upon several passages of a speech of Sir William Pulteney, in the British House of ''oiimioiis, against renewing the charter of the Itaiik of England, in which the term monopoly wMs repeatedly applied to thut bank; and other •rrnis to display its dangerous and odious cliar- Wr. In one of the passages the whig baronet said : 'The bank has been siipjiorted, and is still siiiiported, by the fear and terror which, by the iiuaiis of its iiioiiojMily, it has had the power to iii-|iiiv.' Ill another, he said: 'F consider the pcivvcr ('iven by the monopoly to be of the na- liiiv of all other despotic power, which corrupts •lie di'>pot as much as it corrupts the slave !' Ill a third pa.s,sagc lie said : ' Whatever languajre the private b.'inkers may feci themselves bound to hold, he could not Ijelieve they had any sat- isfaction in reniaiiiing subject to a power which might destroy them at any moment.' In a fourth: 'No man in Franco was heard to com- plain of the Bastile while it existed; yet when it fell, it came down amidst the universal accla- mations of the nalioii ! ' " Here, continued Mr. B., is authority. Eng- lish authority, for calling the British bank in England a monoppt in dishonorable services. He considers the prai.'-es of the country bankers as the unwilling homage of the weak and helpless to the corrupt and Cowerful. He assimilates the Bank of England, y the terrors which it inspires, to the old Bas- tile in France, and anticipates the .same burst of emancipated joy on the fall of the bank, wliieh was heard in France on the fall of the Bnstile. And is he not right? And may not evory word of his invective be applieatod immolation. is the month of > liberty, and fiital • on the crown of month of July ; the the month of July ; I France by the three 1 the veto message, Indejiendence against reign of terror that is api up the victims for an an But, exclaimed Mr. B.. tl July; a month auspiciou to Bast lies. Our depeini Great Britain ceased in Hm Bastile in France fell Charles X. was clia.sed t glorious days of July • which is the Declarat the British bank, on. la.cd on the fourth of July, and is the signal for the downfall of the American Bastile, and the eiid of despotism. The time is ausj)icioiis ; the work will go on; down with the Briti^ll lank; down svith the Bastile ; away with the tyrant, will be the pa- triotic cry of Americans ; and down it will go. '•The duplicate senators, saiil Mr. B., liave occunied themselves wi;!i criticising the Presi- dent's idea of the obligar- M of his oath in con- struing the constitution for himself. 'J'hey also think that tlie President ought to Ije Ixiiind, the Congres.s ought to be bound, to take the consti- rt 202 TIIIUTV' YEARS' VIKW. tutioti wliich tlio Stipn-nio Court nmy iloal out to tlii'in ! If HO, why tiiko nn oalli ? The ontli JH to liiiiil tilt' conxcietic)', not to enli(;litt>ii the liemi. F'.vcry ofllrcr ttikfs tlic oath for hiiii.solf; the President t(M>k tlie onth for himself; luliiiin- islcrcd hy the Chief .histitv. hnt not la the Chief .Iii»ti<'o. lie Ixtund himself to oliserve the constitution, not the Chief Justiee's inter- pretation of the coiiftitution ; nini his iiiessnpe is in oonforinity to his oath. This Ik the oath of duty nnd of rijtht. It is the path of Jvttersoii, iiNo, who hiiM laid it down in his wiitiiijis, tiiat each de|Mirtment judges the eonntitution for itself, and that the l're>ident is as inde- IX'iidenl of the Supreme Court as the Supreme ('ourt is of the President. '"The senators from Kentiieky and Massa- chusetts have not only attacked the I'resident's idea of his own iiid«-|H>n(leii(-e in coiistniin); the eonstitutiim, hut also the eonstniction h? has put upon it in n'fereiice to this hank. They deny its correctness, and enter into arpiments to disprove it, and have even (iiioted authorities which may 'h- quoted on holli sides. One of the senators, the p'litleuian from Kentucky, iiii};lit lmves|Hm'd hisohjection to the President lui tlii-i point, lie lmp]M>ned to think the same way oiuv himself; ami while all will accord to him tin- rifrht of cli:iii|iiiitr for himself, lew will allow him the privilege of lehukiii); others for not ktepin;: up with him in the ripuioon dance of cliiiiip-ahle opinions. "The President is assailed for showing the drain upon the resources of the West, whiili is iiiiidt- hy I Ills hank, llow assailed ? With any diiciiuunts to show that he is in error / N • ! not at all ! no such dociinieiit exists. The President is ri):lit, and the fact pies to a far jrreater <'.\tent than is stated in his inessap-. lie took the dividend prollts of the hank, — the net, and not the (rross profits ; the latter is the true measure of the burthen upon the |H-ople. The annual drain for net ,(K)(). This is an enormous tax. But the (irosH profits aiv still larp-r. Then there is tlie siiccic drain, wliich now exceeds three millions of dollars jht annum. Then there is the annual mortpip' of the (irowinn crop to redeem tlie fi<-titious and usurious hills of exclianije which are now siihstifuted fur ordi- nary hians, and which sweeps oil" the staple pro- ducts of the South and West to tlie .\4)rlh- eastern cities. — The West is ravajred hy thi- l)onk. New Orleans, especially, is lavap-d hy it ; and in her impover'shment, the whole W est Hiiilers ; lor she is therehy disahled from ^clvin^: adei[iuitf prices for Wi'sterii |)roduce. .Mr. It, declared that this jiritish hank, in his o]iini<>n. had done, and would re to New Orleans, than the British army would have done it they had con(|uered it in lMir>. He verilieil this opinion hy iilerriie: to the imnxMi.-e dividend, upwards nl'htilf a millioh a yeiir, drawn from the hrancli there; the iiii- lucnso umountii of specie drawn from it ; the produce carried olT to meet tlie domestic hilla ofexchan^re; and the ei;:ht and a half inillionH of deht exiHtin^; there, of which five nullionR weiv created in the last two years to answer elect ioiieirinu pur|)oses. and the ndent one; a m-parate and distinct hank, which would save to that city, and to the Valley of the Mississippi, of which it was the preat and cherislied emporium, the command of their own moneyed system, the repilation of their own commerce and finances, and the aceommodation of their own citizens. "Mr. It, addressed liimsidf to the Jackson hank men, nresent and ahs4'nt. They mi;;lit continue to lie for a hank and for Jackson ; hut they could not l»e for tltiit hank, and for Jack- son. This liank is now the open, as it Ion;; has la-en tlie secri-t. enemy of tiackson. It is now in the hands of his enemies, wielding' all its own money — wielding even tin- n-venues and the credit of the I'nion — wielding twelve millions of dollars, half of which were intt-nded to he paid to the puhlic creditors on the first day of July, hut which the hank has retained to itself hy a false representation in the pre- tended hehalf of tl'e nieichants. All this moii- (-yed power, with an orpinization wiiiih per- vad»-s the continent, working; every where \\ith iinsei-n hands, is now o|Hiatin^ aL^aiu^t the Pi'esident ; and it is inipossihle to he in tavot of this |K)wer and also in favor of him at the same time. Choose ye iH-twi-eii them ! '\'o those who think a hank to In- indisiHii-ahle, other alternatives present themselves. Tiiey are not hound nor wj-clded to this. New Aiiiir- ican hanks may he createndent hanks in its pla<-i-, w hich would he so much less dangerous to liherty. and so much nafer and hetter for the piople. In tliese alternatives, the friends of .lackson, who are in favor of national iianks, may find tin- acctmiplishment of their wishes without a sa(-rillce of their principles, and without coni- niittin^ the suicidal soU-cisni of lighting agaiiir't him whilt- professing; to he for him. ".Mr. It. addressed himself to the West — the gri-at, the generous, the hrave. the patriotic, llie devoted West. It was the selected held of hut- lie. There the conihineill« il u Imlf miliums I'h live inilliond yvnvs to niiswrr lu- ii.lU-ction of >. tlu- (Tii.wth of ijro to Nfw Or- Huvi' timt frniit Hiivioiir n HiToiid I he llviti.-li liuiik ish army ; »i"l 'f re, lot itlio »" i"- 1)1 distinct Imiik, itml to tlu- ValU'y rtiis tlu- gri'iit ami iinml of tluir own ion of llu'ir o\vn 11' atTommodalion r to tli«' Jarkcon nt. Tlu-y niifilit for .Iiickson ; Imt mk. and for .liuk- ojMn, as it lonj; )t' .laoksoii. It is mit's, wii'ldinj: all von tilt' ivviiims — wioldinfr twolw lich won' intondid litors on tlio tirst l.iuik liiis rolainoil tation in tin- l>iv- its. All llii^ nioii- Kiitinn wliii'li Iff- ovory wluro with atin}; mraiu^t tin- to lie in liivor tvor of liim at llio woon tluni ! 'I'o !«• indi.>iHn-id>lr, homwlvori. 'lliiy this. New Aniir- lUad, sir. llonry roasoninjr. and In- , tlio Hank tif Knj;- nonarcliy «)f tinat liroakiiic up that iiilishin-^ tlint' or its |ilam- if tifihting ajiuin^t •r him. (.. the "Wi'st— the , tho {latriotic. the looted licdd of Imt- irt'os, ti'.f national ii'iiidilit'un haiiK. to light tojiollur. .ai'li othor. 'lliiv lor's namos, und to fromisc and thrcaton in each other's behalf, 'or this camiminn tiio hank croateil its deht of thirty millions in tho We.st ; in this campaijin the lisHociatc loaders nso that deht for their own purposes. N'ote fur Jiu-'.son ! and suita, jnd^- nx'uts, and e.xecntions shad sweep, like the liesuni trdostnietion, throu);h(>nt the vast ropun of the AVost ! \'oto apiainst him ! and indolinite indnl- coiKV is Imsoiy promised! The deht itself, it is preteiideil, will, perhaps, ho for^^iven ; or, at all cviiit', hardly ever collected! Thus, an o|)en l>ril)e of thirty millions is virtually uilered to ilio West; and, lest the seductions of the hrihe may not he sutlicient on one hand, the terrors of destruction are hrundished on the other! Wretched, infatuated men, cried .Mr. It. Do they lliink the West is to In; bought ? Little do they know of the (ronerous sons of that niagnilicent i'o;:ion ! poor. imlM-il, in point of money, tint rich in all the treasures of the heart! rich in all tho <|uulities of freemen and republicans! rich in all the noliio feelings which look with equal kccm'U npon a hriU' or a threat. Tlio hunter of the \Vost. with nKKcasins on his feet, and a hunting shirt drawn around him, would ro|iel with in- dignation the hi<;host brd)o that the hank coidd ollor him. The wretch (said Mr. Itenton, with .isignilicunt gesture) who dared tootlerit, wouhl .'.\|>iaio the insult with his blood ".Mr. H. rapidly summed np * h a view of ilic danp'rous |iower of tho bank, and tho pro- si lit audacity of her conduct. She wielded a (|i l»t ot seventy millions of dollars, with an or- tiauization which e.Ntendei! to every part of the riiiou. and she was sole mistress of llie moneyed |MHVfr of the republic. She had thr >wn herself into tiie politi<'al au'iia, to control and govern I hi' ])resii|ential elect ioii. If she snccoeded in tiiat election, she would wish to consohdate her piiwor liy getting control of all other elect ions. (' )vei'nois o( Slates, judges of tho courts, roi>- re.seiilatives and soinitors in Congress, all must iH'loiig to her. Two Senate esjiecially nnisl be- Idiii: to her; for. there lay the power to eon- linii noniinatioitpand lotry inifteachnunts ; and. to j;ct jHissesMon of tiio .Sonato, the legislatnies of a majority of the .Sluios wouhl have to be acipiired. 'J'he war is now upon Jackson, and if 111' is defeated, ail the rest will fall an ea.sy prey. What individual could staml in the Si.Mi's a;:i(iiist the power of the bank, and that bank liiislnd with a vicUny over the eoiuinei'or of the ooiii|uerors of Honaparto / 'I'lie whole govern- iiii'iit wiiuid full into the hands of this moneyed IMHver. ,\ii oligarchy would be innnediately e.s- tahli.^hed ; and that oligarchy, in a few genera- tiinis, would ii|Kn into a monarchy. All govern- nu'Mts nin>t have thoirond ; in the tap.se of time. liiis republic mu-t pcrisli ; but that time, he now tni>loi|. w:is far distant; and when it comes, it >liiiuld coiiii' ill glory, anil not in shame. Komu lia-l her I'liarsalia, and tirecco her t'lnoroneu; ^iiid this ropniilic. more illustrious in her birth tlian (ii'occc or Homo, was entitled to a death a.'^ tiorious as thcir.s. .She would not die by poison — jR'rish in corruption — no! A field of nnnH, and of glory, should be lier end. She had a right to a battle — a great, immortal battle — whero heroes and patriots could die with llio lilx'rly wliieh they .scorned to survive, und con- .seorate, with their blooil, the sjriI which marked a nation's fall. '• After Mr. B. had concluded his remarks, Mr. C'lay rose and said: — '■ The senator from .Missouri expresses dissatis- faction that the siH'oches of some Si'iiators should iill the galleries. He has no ground for uneasi- ness on this score. For if it Ite the fortune of some senators to (ill the galleries wlien they sjH-ak, it is the fortune of others to empty them, witli whatever else they till trie chamlier. The senator from Missouri has every ivason to bo well satisiied with the elloit of his porfornnuico to day ; for among his auditoi-s is u lady of great literary eminence. (Pointing lo Mrs. Royal.] Tho sen:(tor intimates, that in my ix'marks on the message of the President, i was dotlcieiit in a projR-r degree oi courtesy towards thatolHcer. Whether niy deportment heiv be decorous or not, I should not choose to lio decided ii])«m by the gentleman from .Missouri. I answereil the I'lX'sident's arguments, and gave my own views of tlie facts and inferences intri/duced by him into his message. Tho President states that the bank has an injurious o|R'ration on the interests of tho West, u: '. 'wells upon its e.xhr.nsting elfects, its stri. ■ ''. . o coinilry of its currency, iVc. und upon ti» i. as and statements I com- mented in a manner which the occasion called for. Jiut. if I am to be indoctiinatod in tho rules as.>^es, in evil foivboding, whatever I may have ever .sivid in regard to his election. I never made any prediction so sinis- ter, nor made any declaration so harsh, as that which is contained in the prediction to which 1 allude. I never tlechuod my a|>pnhension and belief, that if ho were elected, wo should bo obliged to legislate with pistols uud dirks by 984 TIIIUTY YKAliS- Vir.W. ■ f cHir wide. At tlii"* Inst nfnpp of ilip pc.''nmn I do not rii'f to H'lu \v tlK', .^r, tlmt T had nn nllVay with (imcrid .fiMkson. and that I did complain ol his conduct. Wc fouitht, nir ; and wc foiijjht, I hoiK', iiiiv ii'v»^ WlicM tilt' explo- sion was ovii'. ilnri' remained no ill will, on eilher side. No vilupenttion or sj-tem of jietty perseention w.is kept np lietween ns. Yes. 8ir. it is true, thii! I had the personal ditlicnlty, wliieh the .-enator IVom Kentucky has had the delicacy to lirimr lieal, sir, lli:'.t ihe'i' is no 'ailjounied (pies- lion < if venicily'lui wen me andtieneral.Ia<"kson. h.tauilin;: ovirfw^i ttleiiienl. If there had heen, a [.iulf would iia\e separated us as deep as h' il. ".Mr. it. then icfenvd to the pi'ediction aliejied hy Mr. I'lay, (» h.ive heen nmde hy him. I have seen, he s.iid, u placai'd, lirst issued in Mis- f;ouri. and r. puMi.sl.ed lately. It llrst appeared i:! lH2.'i. and stated tliat I )uid said, in a puhlic c'ldrecs, that if (ienend .(aekso!i should he elected, «(• uithI he {.Miafrld with jjistols and dirks to il li'U'l uid-ehes m hile lejiislafiu;j: here. This went the rounds of the paptrs at the time. A tientleman. wi II aciniiint. d in the .State of Missouri (I'oi. !.aw!e-s), pid'lished a handhill denying the tri't! ..f the htatenient. and callin;,' upon any p. r-i n i i the .State to name the time and place, when uid wlnTe, any such address Inul iteeii h( ard from nu-. or any such declara- tion made. Colonel I.awle.-s was jierfectly fa- miliar with the campai;^u. hut he coidd nevtr meet with » sin;:le individual, man, woman, or chilli, in the State, who could ncolKct to liave ever hea'-d any such remarks from me. No one fame forward to nply to the call. No one liail ever he.'ird uu make the declaration which wa.s charjjed upon me. The same thinj: has lately heen priulere- nm MiHsoiiri lm«l . <'., look to me, he Itinfrtinjie atlri- hicli III' rif*i» ti>? that lie used the li. Csiii yon look 5 Mr. H.].'uiid say iguajit onl of the [•jicnt that it is au I pin it to him who e before the Senate word> — e Mr. (May was yet idiv reiKUted the : thecharpeofatro- ;orfiom Missouri, heard fnm\ sevenil . said, the pcnator der, and must taUe iiir state the jioint ,ell (the President ilauatious with the ■ard. 1 demand tn m he taken anaius^l iipiilieahle to tliv ■ tated, that he eoii- us out of onltr. it, had he hcMii in I. •as in the chair lit isnission, and ro it had uttiimed the liftieth yc r of its age. lie eoncluded thus — little ftire- beoi:i|l in how few years he wa.s to invoke tho charily of the world's silence and oblivion fur the institution which his rlietorie tlien exalted iulo a p-eat and k'nefleent power, indispensable to tlie well workinj; of the pnernment, and the veil coiiduetiu}; of their affairs by all the people: 'Mr. President, we have arrived at a new e|i(ieh. We n\v enteriii^j on e.speriments with the friiverninent and the consiitntion of the routitry, hitherto untried, and of fearftd and ii)i|iallin>r a>ipect. This messiifie calls us to the co'.ileniplatior of a future, which little resem- bles the past. Us principles ait; at war with all tliat public opinion has suvtained. and all which the experience of the noveriniu'nt has sanctioned. It denies lirst principles. It coiitratlicts truths heretofoit! received as indisputable. It denies to the judiciary the interpretation of law, and (ieinands to divide with C'on;;res8 the nrijii nation of statutes. It extends the ;rrasp of Kxecutivc preti'iision over ever^' power of the povernment. Ihit this is not all. It presents the Chief .Maj;- istrateofthe Union in the attitude of ariruinp away the powi rs i f that government over which lu' has been cliosin ti> preside; and adoptiiifj, fir this jinrpose, nxxlis of reasoniuf; which, even under the inllueiue of all proper feeling towards high (ifUcinl station, it is diflicult to rt'irard as respectable. It appeals to every pre- jiuliie which may la-tray men into a mistaken view of their own interests; and to eviry pas- sion which may lead them to di^oln-y the im- jmlses of their understanding. It urges all the 8|icriims topics of State rights, and national en- croachment, against that which a great majority of the States have allirined to be rightful, and ill which all of them have ac(piie»ced. It sows, in an unsparing manner, the seed.-< of jealousy and ill-will against that government of which its author is the olllcial head. It raises a cry thiit liberty is in danger, at the very moment when it puts forth claims to power heretofore inikmiwu and unheai'd of. It all'ects alarm for the piilili(; freedom, when nothing so nuich en- il;in^:ers that friedom as its own unparalleled pretences. This. even, is not all. It manifest- ly Sicks t'l inlluence the poor against the rich. It wantonly attacks whole classes of the people, fir the purpose of turning again.-t them the pre- jmlici's and resentments of other classes. It is 11 state paper which tinds no topic too exciting fii'ilsiise; no pas>ioii too inflaniuiable for its a|H'nili'(i, l)ut nUo a socoml trial of till' (iwliiMi in liic IIouko of lloprcsfntu- tivfs in lM:Jt-'l''>, in wliich Mr. AdiiinN a.;.\ tension of pi'nsion list — (ieorjiia and the Clu-rokees — (Jeor- gia and the Supreme Court — imprisoned mis- sionnries — were all lirou;:ht forward, and pressed with zeal, hy the party out of power; and pressed in n way to show their conneition with the presidential canvass, and the reliance upon them to jrovern ils result. The party in power were cliielly on the tlefensive ; and it wa« the com- plete civil r''i)resenlatii>n of a military attack and defence of a fortified place — a sie^e — with iis open and covert attacks on one side, its re- pidses anlh day of January : on the same day, am" as soon as it was rifcrivd, Mr. Clay siilnnitted a resolution in relation to the taritr, and delivered a speech of time peech with n iX'trosp«'ct of what the iiuiilition of the country wa.s for seven years before the tan ill' of IK21, and what it had Iscnsinci — the lirst a periotl of niiprecedeiili'd calamity, the latter of erpiaily unjirecedented proM|K'rity: — and he mndi- the tMo conditions t(|ually de|iendeiit u|)on the ab- sence aii I adopted to save the people fioiii iiupeiidin); di- struction ; that a delicit in the public leveiine I existed, which compelled tjovernment to seize I u|ion, und divert fmni its lejfitimate object, the appropriation to the sinking-fund, to redeem the national tU'bt ; and that our commerce and iiavipition were threatened with a eompUie paralysis. In short, sir, if I were to seUcl ,,iiy term of seven years since the adoption (jf the present constitution, which cxliibited u scene of the most wide-spread dismay und desolation, it would be e.xactly the term of seven years whieh immediately preceded the estublishmeiit of the tarilf of 18 J4.'' This was a faithful picture of that culnmitous period, but the argument derived from it vus a two-eilged sword, which cut, and deeply, into ; another measure, also lauded us the cause of the public prosjierity. These .seven years of nation- al distress which immediately preceded the tarilf of l.H'J4, were also the same seven vear.s whieh ! immediately followed the estublishinent of the I national bunk ; and which, at the time it was cliartered, was to be the remedy for all the dis- I tress ninler whieh the country labored: besides,, I ihe protective system was pctuully commenced in the year 18I(J — cimtemporanecmsly with the establishment of the national bank. lieforc IKK), protection to home industry had been nn inci- I dent to the levy of revenue; but in IblG it be- ANNO 1833. ANDUKW JAt^KHi^N, PUK^IDKNT. 267 no. Mr. Clny jiro- in niilxinlinutiiiii tu iiuricaii >y.»U'iu:" icHtion of frco triulu iiimI that fUM to l>o vi;;or of U flrwli iX- iis|i;ivutnii'i'fh Willi itioii of llic country tlic turrilfof It^Ul, •IIk- lirrtl II piTioil of • lattir of I'rumiiy -and 111' iiuulc llu' mil lit u|K>ii till' a))- Iirotictive syHtciii. my |iaiiiful linty to of ConjiriHH an iin- U'l'ii-ial ili-trtss |HT- ^'i- must all .M't n-- iil fi-atiiri's. \Vi' all tlii'ii o|ii)i'('SM>il ami rt load ol ill lit ; tliat t tlif lowf.-t jtoiiit of Kiik's ami Micririics ■iiil i>t:iti'; tliut sti'p paiKT moiu'V will' fioiii ini|u'nilin^ ili- tlu' pnlilic ifvi'iiiii' ^roviTiinifnt t>> W'i/i' i';iitiniatf oKjtrt, tin- ; fund, to ri(Ki-m tlic our foniimroo ami ■d witli u I'omiUtc 1 wiTi' to wliit .iiy llio ud('i)tion of tliL' t'xliibitid u .-tvni' of y and di'holution, it Hi'Vi'U yunrs whicli .stalilirilimi'nt of the of that calnmitoiis ivi'd from it vii« a a, and dfiply, into d us tlif cauao i>f lliu in yt'ur.s of iintion- y jirt'Ci'dcd the tariff sevfH years which stubliKliment of the at the time it was ncdy for all the dis- ry labored: bcsiiK'*., ctnally coinincnaJ iraneously with the bank. Hefore ISK;, r Imd been ftii inci- but in 18lGitbo- tanie an object. Mr. Clay thn^^ deduced the origin ami progress of the |)ii(tecli\e policy: • It bepan on the over memornble -Ith day of .Iiilv— the Ith of .liilv. ITH'.t. The second* act uliirli htiind-» ri ideil in the statute Ixiok, iH'ar- iii.r till' illMstriouf ni^rnatiire of ( ieoijre Wa>hiiij;- tnii laid the corner ntone of the whole HyHfeni. Thiit there mijiht U' no inistake ubout the mat- li r, it Will* then Kolemly piiH-hiiined to the Anii- rieaii ]>ei>|>Ie and to the world, that it wu-' iiirm- niiri/tir 'the e!icoiira;:enient and /*/o/<(7/o;; of iiciiinfaetuivs," (hat diitic'' fdioiilil lie laid. It is in vain to iir^e the small amount of the mensnre of piotiction then extended. The peat princi- ple u:i> then established by the fat: rs of the ( stitutioii, with the fat her of his country at thi'ir head. And it cannot now be ipiestioned, tint, if the f:overnniei.t had not then been new and the subject untried, a ^jnater measure of pro- ti'ctiou would have been applied, if it hud Uen supposed necessary. .'^h<)I•lly after, the miLster iiiimls of .lellerson and Hamilton w and of the tivusiiry. wliieli they ieS|Ki t- ively (iiled, tlie^ presented, severally, reports \vlii
  • «iiuvd iiitii the Cnited States through a tiiousund chan- iii'ls, opened or enlarjjed by ilie suens>ful coin- imrce which our neutrality i .labled us to prose- nite. We forjiut, or overlooked, in the freiieral ]ir(i-*IK'rity, the iK-cessitv of eiicourajrinn our do- luisiii minnfm'ture.s. 'I'lien came the edicts of .Na|i(iKon.and the British orders in council; and iiiir eiiiliar;;o, iion-intercoursi'. non-importation, 'iiid war, followeeriod of tin ir duration, of our foiviL'ii coiiimerci', allofded tlit in -t elHcacious liii'iiiirairemeiit to American nianiifaitures; and, atcdiilinnly. they every where sprung' up. Whi t llii-e measures of restriction and this slat { war (imiiniied the niunufactuixis were .stimulated in tlii'ir enterprises by every assurance of sup|M)rt, tiv public sentiment, and by lenislat've resolves. It was tiboiit that jieriixl (lt«tH) that South Carolina bore her hi^h ti'^timony to the wih.h'm III the pi licy, in an uel of her legislature, the iniamlje of which, now brfoie me, reads: 'Whereas the establishment and iiiO'id'tt^'ftmitt ofilunie^lic manufactures is conducive to the in- terest of a State, bv addiu;< new iiu-i'iillriit dt iiiihiMiij. and as Ix-injj the means of di-'posinj;, to advantage, the surplus prodiietioii" of the inrrinilliiriHl : And whereas, in the present une.vampled state of the world, their e>iaMisli- nieiit in our country is not only ij-fmlu' I. but politic, in renderintj us imli fifuiliiit ol' foreij;n nations.' Tlie lenislatiin' not biiii)^ compelent to alford the most etlicai i us aid, by impo-in){ duties on foreign rival articles, proceeded to in- corporate a company. ■• I'ei.ce. under the Treaty of riheiit. returned in bSb'i, but theiv did not return with il tho pildeii days wliii-h preci-ded the eilicts levelled at our commerce by (ireat Ibitain and I' ranee. It found all Kurope tranii then was, how much, and in what way. should the double duties of the war 1h- re- duced ? Now, also, the question is, on what articles shall the diiti" ■* be reduced so a^ to .••iil> ject the amount of the future itveniie to tho wants of the jrovernment ? Then it was di ri- ed an im|uiry of the lir>t impordime is it should be noe,-, how (he ii'diiclion should bo made, m) us to secure pro|H-r enci)uiiit:enient to our domestic imlustry, TJiat this was a lead- ing; object in the iirran^iement of ti.e tarilf of l>*l(i, I well rememlK r, and it is demonstniteil by the lanj;iiaf:e of Mr. Dallas. '•The subject of the Americnn system \va.s apiin broudhl up in I 'J'l, by the bill re|M»rted by ti ehairmaii of the Committee on .Manufac- tures, , )W a menilK'r of the bench of (he Su- preme Court of the Cnited States, and (he )irin- ciple was successfnllv maintained by the repre- sentatives of the i ople ; but the bill which they pas I was ilefeated in the Senate. It \\ IS levivid in IS'Jl, the whole jriouiid eari'fiilly and deliberately explored, and the bill (hen in- troduced, rewiviiiij: all the sanctions of the con- Htilution. Tlii> act of \H'2\ needed ameudments in some pannulars, which weiv attempted in IH'.'", but ended in some injuries (o the systi in ; and now the whole aim was to sa\e an existing system — not to create a new "ue." And he sn>:- ;hhetter, then, to .uraiit 'tter that the Conniiit- the wound which ha.s nothing; that shall in- I only wantjtistice. one of the few sni vi- in the war of the revo- t we fought for liberty fought against taxiv ch were for the benefit difference, if the peo- e nianulacturers or by nufacturers— and why Senate met, there ^^^1B all parties to amelio- lUt 1 now see a change, despair of any thing hed. Even the small senator fi^mi Kcn- een reprobated by the ents of the mainifai;- lave put their fiat on nd hence, as a coiise- course and language ost precludes all hope, .ng on the Committee ncubus. I say to that your own good j\i, 1 repeat, g.ave all the protection that was necessary or proper, under which the industrious and frugal completely succeeded, liut, sir, the capitalist who had invested his % capital in manufactures, was not to be satisfied • with ordinary profit ; and therefore the act of ■ 1828." Jlr. Clay, in his opening speech had adverted to the Southern discontent at the working of the protective tariff, in a way that showej he felt it t) he serious, and entitled to enter into the con- .•^ideration of statesmen ; but considered this system an overruling necessity of such want and value to other parts of the Union, that the danger to its existence laid in the abandonment, and not in the continuance of the "American system." On this point he expressed himself thus: "And now, Mr. President, I have to make a few observations on a delicate subject, which I approach with all the respect that is due to its .-ierious and grave nature. They have not, in- deed, been rendered necossary by the speech of the gentleman from South Carolina, whose for- bearance to notice the topic was commendable, as his argument throughout was characterized by an ability and dignity worthy of him and of the Senate. The gentleman made one declara- tion which might possibly be misinteri)rotcd, ami I submit to him whether an explanation of it he not proper. The declaration, as reported ill his printed speech, is: 'the in.Uinct of self- interest might have taught us an easier way of relieving ourselves from this oppression. It wanted but the will to have supplied ourselves with every article enbraced in the protective sy.stem, free of duty, without au}' other partici- pation, on our part, than a simple consent to re- ceive them.' [Here Mr. Uayne rose, and re- marked that the passages, which immediately preceded and followed the paragraph cited, ho thought, plainly indicated his meaning, which related to evasions of the system, by illicit in- troduction of goods, which they were not dis- posed to countenance in South Carolina.] I am happy to hear this explanation, But, sir, it is impossible to conceal from our view the fact that there is great excitement in South Carolina ; that the protective system is openly and violently de- nounced in popular meetings ; and thr'^^ the legis- lature itself has declared its purpose of resorting to counteracting measures: a suspension of which has only been submitted to, for the puriwse of allowing Congress time to retrace its steps. With respect to this Union, Mr. President, the truth cannot be too generally proclaimed, nor too strongly inculcated, that it is necessary to the whole and to all the parts — necessary to those parts, indeed, in different degrees, but vi- tally necessary to each ; and that, threats to disturb or dissolve it, coming from any of the parts, would be quite as indiscreet and improper, as would be threats from the residue to exclude those parts from the pale of its benefits. The great principle, which lies at the foundation of all free governments, is, that the majority nnist govern ; from which there is nor can be no ap- peal but to the sword. That majority ought to govern wisely, equitably, moderately, and con- stitutionally ; but, govern it must, subject only to that terrible appeal. If ever one, cr several Stiites, being a minority, can, by menacing a dis- solution of the Union, succeed in forcing an abandonment of great measures, deemed essen- tial to the interests and prosperity of the whole, the Union, from that moment, is practically gone. It may linger on, in form and name, but its vital spirit has tied for ever ! Entertaining these de- liberate opinions, I would entreat the patriotic people of South Carolina — the land of Marion, Sumpter, and Pickens; of Ilutledge, Lauren.s, the Pickneys, and Lowndes ; of living and pre- sent names, which I would mention if they were not living or present — to pause, solemnly pause ! and contemplate the fiightful precipice which lies directly before them. To retreat, nuy be pain- ful and mortif^ying to their gallantry and pride ; but it is to retreat to the Union, to safety, and to those brethren, with whom, or, with whoso amwstors, they, or their ancestois, have won, on the fields of glory, imperishable renown. To ad- vance, is to rush on certain and inevitable dis- grace and destruction. "The danger to our Union does not lie on the side of persistance in the American system, but on that of its abandonment. If as 1 have sup- posed and believe, the inhabitants of all north and east of James Rivei . and all west of the mountains, including Louisiana, are deeply i;ite- rested in the preservation of that system, would they be reconciled to its overthrow ? Can it be expected that two thirds, if not three fourths, of the people of the United States would con.sent to the destruction of a policy believed to be indis- pensably necessary tit all their groat arteries. ]}ut let that be checked, let them feel that a foreign system is to predominate, and the sources of their sub- sistence and comfort dried up; let New England and the West, and the Middle States, all feel that they too are the victims of a mistaken policy, and let these vast portions of our coun- try despair of any favorable change, and then, indeed, might we tremble for the continuance and safety of this Union !" Here was an appalling picture presented : dis- solution of the Union, on cither hand, and one or the other of the alternatives obliged to be taken. If persisted in, the ojjponents to the protective sj-stem, in the South, were to make the dissolution ; if abandoned, its friend.s, in the North, were to do it. Two citizens, whose word was law to two great parties, denounced the same event, from opposite causes, and one of which causes was obliged to occur. The crisis retjuired a hero-patriot at the head of the govern- ment, and Providence had reserved one for the occasion. There had been a design, in some, to bring Jackson forward for the Presidency, in 181G, and again, in 1820, when he held back. He was brought forward, in 1824, and defeated. These three successive postponements brought him to the right j-ears, for which Providence seemed to have destined him, and which he would have missed, if elected at either of the three preceding elections. It was a reservation above human wisdom or foresight ; and gave to the American people (at the moment Ihoy wanted him) the man of head, and heart, and nerve, to do what the crisis required : who possessed the confidence of the people, and who knew no course, in any danger, but that of duty and pa- triotism ; and had no feeling, in any extremity, but that God and the people would sustain him. Such a man was wanted, in 1832, and was found — found before, but reserved for use now. The representatives from the South, generally but especially those from South Carolina, whiln depicting the distress of their section of the Union, and the reversed aspect which had come upon their affairs, less prosperous now than be- fore the formation of the Union, attributed the whole cause of this change to the action of the federal government, in the levy and distribution of the public revenue ; to the protective system, which was now assuming permanency, and in- creasing its exactions ; and to a course of cxi)endi- ture which carried to the North what was levied on the South. The democratic party generally concurred in the belief that this system wa.s working injuriously upon the South, and that this injury ought to be relieved; that it was a cause of dissatisfaction with the Union, which a regard for the Union required to be reilrc.sed ; but all did not concur in the cause of Southern eclipse in the race of prosperity which their representatives assigned ; and, among them, Mr, Dallas, who thus spoke : "The impressive and gloomy description of the senator from South Carolina [Mr. Ilayne], as to the actual state and wretched prospects uf his immediate fellow-citizens, awakens the live- liest sympathy, and should command our atten- tion. It is their right ; it is our duty. I cannot feel indifferent to the suflerings of any portion of the American people ; and esteem it incon- sistent with the scope and purpose of the federal constitution, that any majoritj', no matter how large, should connive at, or protract the oppres- sion or misery of any minority, no matter how small. I disclaim and detest the idea of making one part subservient to another ; of feasting upon the extorted substance of ni}'^ countrymen ; of eni'iching my own region, by draining the fer- tility and resources of a neighbor ; of becoming wealthy with spoils which leave their legitimate owners impoveiished and desolate. But, sir, 1 want proof of a fact, whose existence, at least as described, it is difficult even to conceive ; and, above all. I want the true causes of that fact to Ik; ascertained ; to be brought within the reach of legislative remedy, and to have that i enKciy of a nature which may be applied without pro- ducing more mischiefs than those it proposi'S to cure. The pronencss to exaggerate social evils is greatest with the most patriotic. Temporary embarrassment is sensitively apprehended to be peimanent. Every day's exiierience teaches how apt w^c are to magnify partial into universal dis* ANNO 1832. ANDREW JACKSON, PRKSTDKNT. 271 lat of duty and pa- ;, in any extremity, ! would sustain liiin. 1832, and was found I for use now. the South, generally outh Carolina, wliilo their section of the ject which had come pcrous now than bt- Jnion, attributed the to the action of the levy and distribution ;hc protective system, permanency, and in- to a course ofexpendi- sorth what was levied cratic party generally ;hat this system was I the South, and that jlicved; that it was a ith the Union, which a lircd to be redrcs;sed; the cause of Southern irosperity which their 1 and, among them, Mr. gloomy description of Carolina [Mr. llayne], wretched prospects of ens, awakens the live- command our atten- s our duty. I cannot fterings of any portion and esteem it incon- purpose of the federal ijority, no matter how ar protract the oppres- nority, no matter how test the idea of making lothcr; of feasting upon if my countrymen ; of „i by draining the fei- neighbor ; of becoming h leave their legitimate d desolate. But, sir, 1 se existence, at least as >ven to conceive; ami, e causes of that tiict to lught within the reach - to have that lemwly ,^- applied without pro- an those it proposes to xaggerate social evils is patriotic. Temporary a'ly apprehended to be experience teaches how irtial into universal dis- tress, and with what difficulty an excited imagi- nation rescues itself from despondency. It will not do, sir, to act upon the glowing or pathetic delineations of a gifted orator ; it will not do to become enlisted, by ardent exhortations, in a rTUsade against established systems of policy ; it will not do to demolish the walls of our cita- del to the sounds of plaintiff eloquence, or fire ♦lie temple at the call of im[)assioned enthu- siasm. '• AVhat, sir, is the cause of Southern distress? Has any gentleman yet ventured to designate it ? Can any one do more than suppose, or ar- gnnientatively assume it? I am neither willing nor competent to flatter. To praise the honor- able senator from South Carolina, would be ' To add pcrfiiinc to tlic violet — ■Wasteful and ridiculous excess.' But, if he has failed to discover the source of t!ie evils he deplores, who can unfold it ? Amid the warm and indiscriminating denunciations witli which he has assailed the policy of protect- ing domestic manufactures and native produce, he frankly avows that he would not ' deny that there are other causes, besides the tariff, which have contributed to produce the evils which he has depicted.' What are those ' other caiises ?' In wliat proportion have they acted ? IIow much of this dark shadowing is ascribable to each sin;;ly, and to all in combination ? Would the tiU'ifl' be at all felt or denounced, if these other causes were not in operation ? Would not, in fact, its influence, its discriminations, its inequal- ities, its oppressions, but for these 'other causes,' be sliaken, by the elasticity and energy, and ex- liiuistless spirit of the South, as ' dew-drops from tlie lion's mane ? ' These inquiries, sir, must be Siilisfaetorily answered before we can be justly nciiiired to legislate away an entire system. If it be tiie root of all evil, let it be exposed and dtUKjli.shed. If its poisonous exhalations be but partial, let us preserve such portions as are in- noxious. If, as the luminary of day, it be pure and salutary in itself, let us not wisli it extin- puishcd, because of the shadows, clouds, and darkness which obscure its brightness or impede its vivifying power. 'That other causes still, Mr. President, for Soutliern distress, do exist, cannot be doubted. They combine with the one I have indicated, and are equally unconnected with the manufacturing pohcy. One of these it is peculiarly painful to advert to ; and when I mention it, 1 beg honor- able senators not to suppose that I do it in the spirit of taunt, of reproach, or of idle declama- tion, llegarding it as a misfortune merely, not aj a fault ; as a disease inherited, not incurred ; perhaps to be alleviated, but not eradicated, I slionid feel self-condemned were I to treat it otlier than as an existing fact, whose merit or di'incrit, apiut from the question under debate, is shiokled from commentary by the highest and most just considerations. I refer, sir, to the character of Southern labor, in itself, and in its influence on others. Incapable of adaptation to the ever-varying changes of human society and existence, it retains the communities in which it is established, in a condition of apparent and comparative inertness. The lights of science, and the improvements of art, wliich vivify and accel- erate elsewhere, cannot penetrate, or, if they do, penetrate with dilatory inefliciency, among its operatives. They are merely instinctive and passive. While the intellectual industry of other parts of this country springs elastically forward at every fresh imjiulse, and manual labor is pro- pelled and redoubled by countless inventions, machines, and contrivances, instantly understood and at once exercised, the South remains station- ary, inaccessible to such encouraging and invig- orating aids. Nor is it possible to be wholly blind to the moral efiect of this species of labor upon those freemen among whom it exists. A disrelish for humble and hardy occupation; a pride adverse to drudgery and toil ; a dread that to partake in the employments allotted to color, miiy be accomianied also by its degradation, are natural and inevitable. The high and lofty > «. liiiii (luniscIvoN III homo, tlial (he (misIhiii-Iioiiso ImioKs wciv sliowinj: Mint ft (;n'ii( ninny s|n'('ii's of (Mir innnnfMt't'ircs, iind <'siH'cinIly (lie coHoii, wt'io piiii^r iilMOiiil (i) far dislaiil I'oiintrii"^ ; iiiul mistiiiiiinm (IumiikoIvos oh ivinoU' llii'iitrcs iij;aiiisl nil coinpotition. nut! bi'voiii! tlic rnii|n' of any lu'lji from our laws. Mr. ("lay, liiinsclf, sjinUcor llii.s oNiiorlatioM. to sliow (lie cxi-rlU'iicc of oiii' falirio.H, and that tlicy wi'ii' worth proticlioii ; I usi'd tlio samo fact to show thai tlioy woiv imli- licndoiit of pn^toction ; nnd said: " And liiro I woiiM nsk, how many nnd w hioh nro the ar(icl('< (li.at rciiniro the ]troscnl liiuli rate o!' ]ivoicc:iciti ' ('(>rtaiiily not (he rottoii nnini- fariiirc; I'l'iv tlio .soiiator fi"om Kentucky |Mr. (lay), wlio a|i])('ars on this floor as thi> Icadinj:' olianiiiic'ii i>r (lomcstic maiinfactiin>s, and whi>s(> .••dmi<-iiiiis of fad must lu> coiu'liisivc ajrainst his av'vniiH-iils of thoory ! this senator tells you. and dwi'lls oiioii th(> diseliKiire with triiiniiihant e\- iiliaiiiin, lliat ,\iiierie;in col tons are now exported to .\«ia and '^old at a protit in tli(> cotttni mar- kets of (".uitoii anil t'alcntta ! Stircly, sir, onr laritV laws of IS'_M and iS'J,>< are not in force in Hoii'ral .'iiid China. And I njipeal to all niaiikiiid for the tiulli of the inference, that, if onrc(^ltons can p* to ihelit wilhont ;niy |iroteeti(ni at all. tlit>y can slay at hemic and he si>Id to onr own citizens, witlioiit l(>-:s. under a le.ss protectier centum! One fact. Mr. Vn>ct of such duties is to cut off importations — to cicnte rnono- jioly nt home — to en.ihle onr nianufnctnrers to sell their wods hidior to their own christian fel- low-citizens than to thejvijran worshippers of Vo and of Hiahina ! to enable the inhabitants of the (*an,OTs anil the IJurrampociter to wear Ameri- can cottons iii>oncliea]HT terms than the inhabit- ants of the Ohio and Mississijipi. And everv AVostorn citizen knows the fact, that when these shipments of American cottons were niakimr to the extremities of Asi.a, the price of these same cottons was actually raised twent.y and twenty- tive jHT cent., in all tho towns of the West ; with this further ditl'enMice to our iirejndico. that wc can only pay for them in money, while the in- habitants of Asia make p.aymont in tho products of their own country. "This is what the gentleman's admission proved ; bnf I do not cnme here to nr;iiie iipi n ndmissiiMs. w hetlier candid nr nn;^iiardei|, of i jic adversary speaivcrs. I hrinj; my ow n facts :iiid proofs ; mill, really, sir, I have ii mind to com- plain that the p'nlleni.iirs ailmis.-.ion ahoni cot- tons has crippled the I'oi'ie of my aririnnrnt ; thn' ■( has weakened its elfect liy leltinj;' f)ut half nt a time, and destroyed its imvidty. by an aiiti- cipali'd revelation. 'I'lie trnlh is, I have this (act (that we esporled ilnnirslic ,o(tons) lieasnnd up in my ni,i;_;;i/,ine of mateiial ! and intended to prodiiie it, at the proper lime, to show tliat wi' e\|ioilei| this ailieie, not (o Cinton and Cd- oiitta alone, but to all iinarti rs of tln' ^lolie ; not a few cargoes only, by way of e\)ierinienl, but in jrreat ipiaiililies, as a re,i:;ilar trade, to (he amount of a million and a ipiarl< r of dollars, nnmiaily ; .and that, of this ainomil. no less than foriy thousand dollar,^' worlli. in the \ear l.s'.O, had done what the combined Heels and arnius of (he world could not do; it imd sealed the rock of (iihraltar. iiemtratid tothe heart oftiic Hiilish liarri.-oii, (akeii po-ses;-ion of his ISritan- iiic. Majesty's soldiers, bo'.ind their arms, le;,:;, and bodies, and slriitlid in triumph over the uun- imits and liatli'iies of that unattaikable liii'lros. And now, sir. I will use no more of the j:eiiile- man's admissions; I will draw ii]ion m\ own resources; and will show neaily the whole lj.>t of our domestic niamilacinres to he in the .^aiiic lloiirishin.ucondilion with cottons, actually .c.in'i ;ihroail to seek comiK'tition, without inoteclion, in every forei):ii ehme, and conleiidiiin' \ ieio- rionsly with foreiiiii inaunfaetiires when \ir ilu'v can enconnter (lu'iii. I read tVoin the cusioai- hou.se returns, of ISiiO — the last that has Inn printed, bisleii to it : '•'{'his is the list ol' domestic inaniiractiucs ix- poried tofoieijin coinitiies. It eonii>ieheiiiis tin- whole, or nearly the whole, oi that lon.c cila- lojiue of items whieii tlu' sei\;itor I'lMtii Kenliickv [.Mr. <.'lay) read to ns, ou (he second i\i\\ of his discourse; and .shows the whole to be ^oiiip; abroad, without a shadow of pr.itcelion, to .-lek coiupe(ition, in foiXM^n market.s, with (he lbivi':ii poods of all the world. 'I'he lis( of articles 1 have read, contains near fifty varieties of maini- facuircs (and 1 have omitted many minor arti- cles) amountina;, in value, to near six millioiis of dollars ! And now behold the diversity of Imniaii rciusoning! The senator f.-oni Kentucky exhi- bits a list of arlioles manufactured in the I'liited States, and argues that the sliuhtest dimimit.ou in the enormous protection they now enjoy, w ill overwhelm the whole in ruin, and cover the country with distress; 1 read (he same ideiitieal list, to show that all these articK-s go ahi'uaii and contend victoriously with their foreign rivals ill all foreign markets." Mr. Clay had attributed tothe tarill's of 1S24 and 18:28 the reviving and returning prosiierity of the country, while in fact it was the nuro effect of recovery from prostiation, and iu si'ite ANNO 1882. ANDUKW JACKSON. I'llKSIUKNT. 273 i.MV to iivjjiio wyi 11 iriiii;:iiiii''"'- tliis, 1 liiivotliisl'aci • ,iitlons) trcasiiriil ,-i ial ! ami iiil('iiil'''l • liiiu', lo nIiow that 1 to ('anion anil t'al- irsof i1i*';:1o1h'; not , of I'Njuiinu'nl. liiii v-!ilar lr!Xs. ,1 moiv of tho ;^>nlli' -l that has Iiau ticmainitai'tuiTS t'X- It comi'ioln'iuis tiu- U-. oi that Ion;;- I'ata- ,-iiatoriVoni l\^'ntl',^■l^y the M'coml day ol his ■ \vludi> to ho p,»h>i!; ol'|iv.itootion, to Mik •kots, with tho loRiiin riio lif^t of ui'tiolos I il'ty ViiriotioB orniauii- toil many minor arli- to near six millions "f the diversity of hnman fi-om KenlueUy oxhi- (acturedin the Tniteil 10 slipilitost diniiuiit;ou n they now enjoy, will ruin, and eovor tho ead the same idi.nti''al so ivrtioles ^o ahiMad itli their foroij:n rivals il to the tariiVs of 1S'21 |l roturninf!; lu'osv'onty fiict it was the nurc rostralion, and iu srite of fhcHo tnrifls, instead of by their lielj). Uwsi- nesH liad Ik'ou liroiight to a stand diirinn the disiislnms i>erio«l which I'tiHuo*! tlio oHtahlish- nient of tho llank of the United StatoH. It was a period of stnjinntion, of Hottleinenl, of puyint; tip, of K;t"tt'"PI eU-ar of loadH of dcht ; and sfart- iiiH afresh. It waH the strong man, freed from the !)nrthen under which he had lonf? lieen pros- trate, and }!:i'ttin{j: on his feet apiiii. In the West f knew tliat tliis was the process, and that our revived jirosperity was entirely tho resnlt of our own rescmrees, imh'iK'ndent of, and in s|)itc of federal legislation ; and so declared it in my speech. I said: "The fine eflTects of tho high tariff njion (!)(> prosperity of the West liave l)een celehralod on this tloor: witli how nmoh reason, lot fue(s res- pond, and the jH'oplo jnd;rc ! I do not think we are indebted to the high tarilf for onr fertile lands and onr navigable rivers ; and 1 am cer- tain we arc ".idebted to these l)lessings for the pr()s|x'iity we enjoy. In all that comes from (lie soil, till! people of the West arc rich. They have an abundant snjiply of foo "Oi— loans.'' "T^ '■■: vf/- 274 TMIHTY YKAI5S' VHW, 1»l»l1 no{ SIllllKKi'il III' «?1(11l1il(>iM' oniMlCC (ilolluM'X wlii> (•■iin]ili(inril i>r (hi> in11rmi(i("< <>r nj;(>. 'I'lu- (>,iMilli'ni:m iVuni KciidicKv wii'< (In" \hn( «liit kImmIiI (mKc (111- nnimk >\^ iinl ;ip|i(ni;ni(i' ; I'or, wAwu (IimI p«MitI('in!»n sniiKc to im of \\\-i np'. lie \\invi\ ;i yunnp: Isnlv nciir liiin rvrlniin "Old, why I tliinlv \w !■< inipltty i>r('t(\."' Thi* liunor!»l)li> p'lKli'inmi. nn I'mlay l;ts(. niiido ii siniiliUnlr wliiMH' uoiu' ('\i>;l.il. 1, sniii Mi. S., Iinil t-ii^invsl Oil (li(> ti(-ii'^vi(v of tnnlniil f'i)i-l(ivM-nni'o in si'l llinu (1\(> (;\ritl, ;\ii(l (l)('n'ii|ion. (Iio pi'iilltMiinn vorili-iMtoil li)\i(lly nmi nnnvily nlioiil romoMils fi'Mn . Il(< H.'iiil I «»!« II lomior in du' H\ s ii'm. 1 ili'ny tlio I'ucl. 1 ncxcr I'Xcn'iscil (lie loiist inlliuMioi' in ('llotMiiifr i\ vcnioxal. lunl on (he iN>n(i'!n_v.l intiM(i>i-('(i, snrivw^lnlly. |opix<\on( ut.'ikiuf;.'! ivniniitlco on roiids mul cansilK, ndvi'r-<' to udt'inal iini>ro\(Mni'nl. ICtlns lie so. it {■< In inistMlvtv I <"orti>inly stimioscil (>m'i y gx^'ntloniiMi nnmod imi tlint ('oniniidcc Init ono to ho iVh'ndly to intrrnnl inii>ro\<'n>ont. To tho oonnni((i'i> on in:inn!':i(tnros I nssifincd toiu' out ot' li\(- who wovo KiiinMi ti> ho iVicn "'y ( 1>rot(>>Mi\o s\ stoni. I'hi' ri^lit^ ol" tho n\initi'il\. \o h:\d ondt>;\>."i'd, al-o, in Mirnntiinij the i-oui nntto»\ to soonro. '\'\w !\]i)iointnu'nt of (ho OiMn niittO(>s ho hrtd t'onnd ono ol' tho n>(>>^t dilhiMilt Rnd o\)orous tasks ho 1i:\d ovor inidoitaKon. (hio- Ihird ot' llio honso wtn-c' lawxors, all ot" whom wantod to Iv init upon sonio iniiiortani oon\nii( loo. Tho oath wltioli thi^ stMiatoc had tondoi-od. ho lii^pt^l ho would not tako. In tho M>ar 17'.'.\ Mr. S. sai(l, ho had f^nstauuMl a protootivo duty Kffainsi tho o]i]iosition \t( a monihor from Tilts- hni"^. Trox ions to tho yoar IS'J'J. ho had always pixon ini'idmital sujii^mM to niauul'aotnr4^s, in 1i\- ing tho taiitV. Ilo was a warm friond to tlio (,aritV«it" ISlTi, whioh ho still rop\i'dod asawiso and honolioial law. lU' hojvd. thon. tho pMillo- man wonlil not t,ako his (Wth. '■ Mr. C'lay plaood. ho said, a high valuo on tho oompliniont ol" which tho honorahlo senator was \ Iho oliatinol ol" oonunnuioation ; and ho tho ni<^ro | vahiod it, inasnv.ioh as ho did not iwolloot nioiv i than onoo hi ("o.-o, in his lil'o. ti'* ha\o ivooi\od a similar o.'iiiiplimont. Uo washaj^py to tind that , Iho honorahlo .CMitloman disolainu^l tlio system ! of proscription ; and ho should, with his ajijuv- i Ixation. hi ivafior oilo his authority in opposition j to it. Tho Commit loo on Koads and Canals, i whatever wore tho ireiitleman's intentions in 1 oonstruoting it. had a majority of momlvrs whoso votes and spoi-ches against internal ini- provemonts wore matter of notoriety. The jr (o the dinnily of the Senate." Mr. May n<' eonelnded one of his !>pereheN with ;i declaration of the seiioiiMUesHi^f tlu' Southern rosistanoe to the tarilf. and with u feeling appeal to senators on all sides of the house to n\eet (heir Sontliern hrethivn in the spirit of eoneilialion, and restore harmony to a di\ided peopl(> hy re mo\ iu}', from among theni Iho never failing soinee of eontenlion. Ilo said : " 1 el tii-t ei'iilleuK'u so far di-iH'ivo themselvo'^ as lo suppose that the opposition of the South t.> Iho )iro(i>oting .system is no( hnsed on higli and lofty principles. It has nothing (odo with par t\ ]ioliti<'s, or the mere ele\ation of men. It ri^os fill- aho\e all such eou'-iileriitiiins. Nor i'- i( inlhienced t'hietly hy ealcnlalions of iutere^l, hut is founded in mueh nohler impulses. The instinct of self-inleresi might hax' taught us an easier w. ay ofivlie\ing ourselves from this op ju'ossion. It wanted hut the will, to have sup- plied ourselves with every arliele enihraeed in the pi>itectiv»> system, free of duty, without any >>ther part ioipat ion on our part than a siutplo eon- sent to nv'oive IIumu. Ihil. sir. wo have seorneil, in a oontest for our rights, to resort l<) any Init. open and fair means t*^ niaiutain tiiem. The sjiirit with which we have entered into tliii< hiisinoss. is akin to t'oat which wa,s kindUii in the lH>som of(>ur fathers w hen they were made the vietims of oppression ; and if it has not disjilayed itself in tlu' same way it is he(\ause we have ever cherished the strongest feelings of confraternity towar.ls our hiethivn. anking t'orwarit t<> this crisis for the fultilinoiit of their hopes, ov tlio eonlir- mat ion of their fears. And tJod grant that the result may he auspiciiMis. "v^^ir. 1 call njion gentlemen on all sides of the House to meet us in the (rue spirit of oouciliation and concession. Remove. 1 earnestly lu-secch viMi. from among us. this never-failing source of contention. Dry up at its source this founUun ANNO IHil'^. AMMtKW .lArUHON. I'UKSIfU'.NT. '275 l«il,im i>n"t, 111 \\\f 111 I.' iiMiiin W umvoHhv ,o\v l»«'W in«in>fK.' it. ' ^^''1 hw to tl>»' ool\w\vitl» ,.K»of th»< Sowtlu-ru howsoto tni'i't tlu'ir pu-it of oonoilintitm. . lu'vor rniliiip;t'! hina: to do \vill» l'i»v |,-M(t\on of \\w»- It i>.i.l('nlntion>< of iutoivsl, i,M."' 1,( h;,vo tuuiilit us !»n .Ivt's iVom this on 1,0 will ti> liovo siii>- nvti.-U- oiuhvivtvil in \ .luty. without i\m ,rt thtinnsiuqili'oou- ^ir. wo Iwvo s.-l llKMU. Tlio ■0 outoiv<\ into thi? hioh w!\s UiudU'd in nthoywoirmadotlio if it h"i\s not ilisplayiHi 1vv:\\iso\vohavoo\rv „os of oontVntornity i\ tho wiwnu'st ami tlio I'nion. If «'' (hvidoil unioni; oiir- mvoo of that lUx ision, as not arisen so n\uc!\ nnion as to the trno ;»s fi.nn the ditVeivnl \U parlies have for oiward to this crisis hones, or tho eontir- 1 tlod grant that the to (if (lie wiiterH of hiltrnieKM. HeHloic that Inn iiioiM wliii'li liMM lieen di«lnrliei| timt tinilniil nlli'elioii nml eonlldeiiee wliieli Ihih tteeii ini|iitlr eil. And it Ih in your |io\v<>r to do il IIiIh day ; lull llieie iM lint one nieiniM inider lieitveii liy wliii'liit lan liy doiii^ ('i|iiid jiisliee In nil. And lie iiMsiived lltitl lie to whom the eonntrv nIiiiII lie iiideltled for (lii^ lilesNin^r, will lie conHidered iih (lie MMMind rounder of (lie reimlilie. Il<> will lie re^aided, in hII iifleilinieH, an the ininiHiri in); iiiit;el \iHiling- llie tronhled walerH of our |ioliii- e;il di«Hen iionn. mid restorinj; to the element, ilH liealmg virliieH." I taKe |ileiiHnit< in i|nal to tlie \\\\<\\ tariff |iaily to avert li nalion- iil ealastro|>he Ity eeasin)^ to liennJiiKf. IIIn mo- (leiiilion, his e\|iostiilalion, IiIk Hii|i|ilii of laiKls which had been Ion}:; in market less than one half to til^y cents per acre — and the pre-emption principle had been (Irmly osta- blished, secvirinj;- the settler in his lioine at a fixed price. Two other principles, (hose of do- nations to actual settlers, and of (ho cession to the States in which (hoy lio of all land not sohl within a reasonable and limited period, wore all that was wantinp; to coinplotc tho amolioratod system which the graduation bills proposed ; and these bills were makinp; a progress which promised them an eventual success. All the indications were favorable for the speedy ac- compliHlinienl of IheNo great reforiiiH in Iho land system when the session of IH.'ll-'.'l'J opcn- ed, and with il (lie anilienlii' anmineialion of tin exlinrlion of (he piildie delil vvitliin two yearn- wliieh ev< ill noiild ritnove the objection of many lo interfering with the Hiibjeel, tho liilids being pledged |i> that object. ThiH hch nion, preceding the preHidential election, iind galhering up ho many Hiilijeets In go into (ho eanvasH, (idl upon (he Innds for (lial pnrpos«<, and in the way in whi*>b inaga/.tneH of grain in repiiblir-iin Home, and money in (lie Ireasiiry in demoeralie Adieus, were aeeiiH(omed to Iw dealt with by eaniliflatcH for olllci' in the periods of election ; that is to say, were proposed for diN- Iribiition. A plan for dividing out among (he States for a given period the money arising from (he sale of (he lands, wnn reported from the Conimild'e on Maniifiiclnres by Mr. Clay, a member of that conimittee- and which pioperly could hav(> nolliing to do with the sale and dis- position of the lamls. That report, after a gen- eral history, and view of tho public lands, cumo to Uu'Hv conchisions : "Upon full and (horongh consideration, the coinmillee have come to the <;on general gr>vernmi'nt steadily retains tho control of this great national resonrco in its own hands, after the payment of tho public debt, Iho proceeds of (ho sales of tho public lands, no longer needed to meet tho ordinary exjx'nses of government, may not be beneficial- ly appropriated to some other olijocts f(jr a lini- ilod time. " ({overninenls, no more than individuals, f! onld bo seduc(>d or intoxicated l»y prosperity, however flattering or great it may )ie. The country now hap|)ily enjoys it in a most nncx- amplotl degree. VV(! have abundant reason to be grateful for tho blessings of peace and plen- ty, and freedom from debt. But wo must be forgetful of all history and cxperienco, if we in- dnj;.'^ tho delusive hope that wo shall always bo exempt from calamity and reverses. Seasons of national adversity, of suffering, and of war, will assuredly come. A wise government il^gOT-:-^ 27G TinUTY VKAKS' VIEW. should fX|M'r»., niid proviilo for tlu-tn. Tiistriid of wiistiiif; or h(|imii(li'rin^!; its rt'Nourrcn in a |(c- rioii of p-iicriil iirosporily, it should hiisliaiid and cherish thoni for thoso tinu'H of triiil and dillii-iilty, which, in tlu> (lis|H>nsuti()nH of Provi- dence, may \w eertninly anticipated. Knter- tainiiift these viewH, and as the proceedH of the Hales of the j)nhlic lands an' not wanted for or- dinary reveinie, which will he abundantly sup- plied fi.fni the inijtosts, the coniniittcu resjH'Ct- fully recommend that an appropriation of them he made to some other purpose, for a limited time, Huhjert to he resumed in the contingency of war. Should such an event unfortunately occur, the fund may Ih> witlinco in it was im|M)ssible, The cliair- man of the committee on public lands immedi- ately moved its reference to that committee; and although there wivs a majority for it in the Senate, and for the bill as it came from the coni- mitteti on mantifacturcH, jet tlie refei((n«> was immediately voted ; and Mr. Claj-'s report and hill sent to that committee, invested with gen- eral authority over the whole subj'jct. Tliat committee, through its chairman, Mr. King of Alabama, made a coiniter report, from which some extracts are hei-e given : " The committee ventures to suggest that the view which the committee on maiiufaclures bus taken of the federal domain, is fundamentally erroneous ; that it has misconceived the tnu> principks of nation.al policy with res|K'ct to wild lauds; and, from this fundamental mistake, ami radical misconcei)tion, have resulted the gicat errors which pervade the whole structuiv of their i-eixirt and bill. '■ The committee on manufactures seem to conlemiilate the federal domain ni"rely as iui object of revenue, an i>r()Cfo'1 in i WU8 HO clear thiit ihlo. The chuir- ic InndH iminedi- thnt comnuttce ; ii-ity for it in thi« iiiu' from the com- tho reference was Olay'i* report and nvested with J!;ei\- )\o Huhject. 'l'">at man, Mr. Kinp of eport, from whicli to mipK^s*^ ^^^^^ ^^^ 11 jnannfaclures lius ,1^ is fimdnmentnlly sconceived the tnu' with resiH'ct to wild mental mistake, mul rcsnUed the peat whole structniv of .nufactures seem to imain nvndy as :in |,k for that reveiuu' f the land oflici's; economy has ascir- hietly, if not exclii- ii-iiecl of iioptdati'm •utual extraclion of lits customary niodis [l Burke is supposod total of political wis- Iwell-knowu propo-^i- latuls of tho British ,v; and this cominit- Irt'lier artinment, ami [litical fallacy wlucli )roached in the niiu- brief .hes of national industry ; while the busi- ness of selling the land is a meagre and barren operation, auxiliary to no iiseful occupation, in- jurious to the young States, by exhausting them of their currency, and extending the patronage of tiie fuderul govcrnmcut iu the complicated macliinery of the land ofllee department. Such has Im-cii (he ditl'erence between (he revenue re- eeiveil from tho sides aixl fnun the cultivation of the land; l>ut no |Kiwers of cultivation can carry tuit the difreren<-e, and sliow what it will be: for, while the sa!«> of tiic land is a sinijle operation, and can be performed but once, the extraction of revenue from its cul(iva(ion i~; an annual and |H-r|H'tual pHHu-ss, increasing in pro- du(!(iveness (hrougli all time, with the inrnase of popidadiin, (he amelioration of soils, (lif im- provement of the country, and the application of science to the industrial pursuits. '' This comnuttee liave said that the bill re- ported by the Committee on Manuliu^tnres, to divide the proceeds of the .sal«(s of public lands among the several States, for a limited time, is a bill wholly inat of their gross proceeds. The term net, as ap- l)licd to revenue from land offices or custom- houses, is quite ditlerent. In the latter, its signification corresponds with the face, and im- plies a deduction of all the expenses of collection ; in the former, it has no such implication, for the expenses of the land system are defrayed by ap- propriations out of the treasury. To make the whole sum received from the land offices a fund for distribution, would bo to devolve the lieavy expenses of the land system upon the custom- house revenue : in other words, to take so mucli from the custom-house revenue to be divided among the States. This would be no small item. According to the principles of the nccomit drawn up against the lands, it would embrace— " 1. Expenses of the general land office. " 2. Appropriations for surveying. " 3. Expenses of six surveyor generals' offices. "4. Expenses of forty-four land offices. " 5. Salaries of eighty-eight registers and re- ceivers. " G. Commissions on sales to registers and re- ceivers. "7. Allowance to receivers for depositing money. " 8. Interest on money paid for extinguishing Indian titles. '- 9. Annuities to Indians. "10, title. "11. Expenses of annual removal of Indi.ins. " These items exceed a million of dollars. They are on the increase, and will continue to gi ow .it least until the one hundred and thirteen million five hundred and seventy-seven thousand eiglit hundred and sixty-nine acres of land within tlie limits of the States and territories now covered by Indian title shall bo released from such title. Future Indian treaties for extinguishing ANN'O 18.ri ANDREW JACKSON, IMllISlDKNT. 279 question. The liirnhility of tlim ition of tlic fi'ik- ,. The exirtteiieo U local ami k< c- (iithern iindMid- I un evil to tluin, 10. If it in t" he remove it. Other t their own time, hout interference 1, or organized ho- y demand, for the edom of thought tend of aKHuminj; i\ii it to the slave- please ; and leave y mto effect their ey from them than nicnt require, and m, if they feel the of a burden which to i-cmovc. listribution, though t>t proceeds of tlie II reality, to consiNt le term net, as ap- ottlces or custom- In the latter, its ;h the fact, and im- penses of collection; 1 implication, for the are defrayed by ap- 5ury. To make the ! land olDces a fund devolve the heavy m upon the custoni- rds, to take so much enue to be divided .,ould be no t^mall ciplcs of the account it would embrace— •al land office, irveying. >yor generals' Graces. ,r land offices, ht registers and rc- to registers and ro- l-ers for depositing Lid for extinguishing lies for extinguishing removal of Indians, lion of dollars. They ] continue to giow at [ and thirteen niillioii even thousand eipht ges of land within the fritories now covered lased fiom such title. The reduction of tlieso itemH, prenent and to come, from the proposed fund for distribution, must certainly be inan (and thej' were a number published), cry of the veto nics- down to the day of the disastrous con- of the countiy, and resulting from that tems it would seem country was nearly popularity entirely ; lin in that state un- ed. Their character lich had taken place !e, and property— the buildings, improvc- es — the renunciation friends— the scarcity of interest- and the ess of the whole com- ,3 memorandums of conduct of one man were duly collected from the papers in which they were chronicled and rcgisteied in " Niles' Register," for the information of posterity ; and a few items novf selected from the general regis- tration will show to what extent this business of distressing the country — (taking the facts to he true), or of alarming it (taking them to be false), was (;arried by the great moneyed corpo- ration, which, according to its own showing, had power to destroy all local banks; and conse- quently to injure the whole business of the community. The following are a few of these items — a small number of each class, by way of showing the character of the whole : " On the day of the receipt of the President's bank veto in New-York, four hundred and thir- ty-seven shares of United States Bank stock were sold at a decline of four per centum from the rales of the preceding day. We learn from Cincinnati that, within two days after the veto reached that city, building-bricks fell from five dollars to three dollars per thousand. A general consternation is represented to have pervaded the city. An intelligent friend of General Jack- son, at Cincinnati, states, as the opinion of the best informed men there, that the veto has caused a depreciation of the real estate of the city, of from twenty-five to thirty-three and one third per cent."— "A thousand people as- sembled at Richmond, Kentucky, to protest a?;ainst the veto." — " The veto reached a meeting of citizens, in Mason county, Kentucky, which had assembled to hear the speeches of the opposing candidates for the legislature, on which two of the administration candidates immediately with- drew themselves from the contest, declaring that they could support the administration no long- er." — " Lexington, Kentucky : July 25th. A call, signed by fifty citizens of great respectability, formerly supporters of General Jackson, an- nounced their renunciation of him, and invited all others, hi the like situation with themselves, to assemble in public meeting and declare their sentiments. A large and very respectable meet- ing ensued." — "Louisville, Kentucky: July 18. Forty citizens, ex-friends of General Jackson, called a meeting, to express their sentiments on the veto, declaring that they could no longer support him. In consequence, one of the largest meetings ever held in Louisville was convened, and condemned the veto, the anti-tanff and anti- internal improvement policy of General Jackson, and accused him of a breach of promise, in be- coming a second time a candidate for the Presi- dency." — " At Pittsburg, seventy former friends of General Jackson called a meeting of those who had renounced him, which was numerously and respectably attended, the veto condemned, and tlie bank applauded as necessary to the pros- perity of the country." — " Irish meeting in Phi- ladelphia. A cjdl, signed by above two thousand naturalized Irishmen, seceding from General Jackson, invited their fellow-countrymen to meet and choose between the tyiant and tlio bank, and gave rise to a numerous assemblage in Independence Square, at which strong resolu- tions weiv adopted, renouncing Jackson and his measures, opposing hie. re-election and sustaining the bank." — '' The New Orleans empoi ium men- tions, among other deleterious effects of the bank veto, at that place, that one of the State banks liad alrcad}' commenced discounting four months' paper, at eight per centum." — " Cincinnati far- mers look here ! We are credibly informed that several merchants in this city, in making con- tracts for their winter supplies of pork, are of- fering to contract to pay two dollars fifty cents per hundred, if Clay is elected, and one dollar fifty cents, if Jackson is elected. Such is the effect of the veto. This is something that peo- ple can understard." — "Baltimore. A great many mechanics are thrown out of employment by the stoppage of building. The jjrospect ahead is, that we shall have a very distressing winter. There will be a swift reduction of prices to the laboring classes. Many who subsisted upon labor, will lack regular employment, and have to depend upon chance or charity ; and many will go supperless to bed who deserve to be filled." — "Cincinnati. Facts are stubborn things. It is a fact that, last year, before this time, $300,000 had been advanced, by citizens of this place, to farmers for pork, and now, not one dollar. So much for the veto." — " Brownsville, Pennsylvania. AVc understand, that a large manufacturer has discharged all his hands, and others have given notice to do so. We under- stand, that not a single steamboat will be built this season, at Wheeling, Pittsburg, or Louis- ville." — " Niles' Register edit'... ial. No King of England has dared a pr.actical use of the word ' veto,' for about two hundred years, or more ; and it has become obsolete in the United King- dt)m of Great Britain ; and Louis Philippe would hardly retain his crown three days, were he to veto a deliberate act of the two French Cham- bers, though supported by an army of 100,000 men." All this distress and alarm, real and factitious, was according to the programme which pre- scribed it, and easily done, by the bank, and its branches in the States : its connection with mo- ney-dealers and brokers ; its power over its debtors, and its power over the thousand local banks, which it could destroy by an exertion of its strength, or raise up by an extension of its favor. It was a wicked and infamous attempt, on the part of the great moneyed corporation, to govern the election by operating on the busi- ness and the fears of the people — destroying Lome and alarming others. 282 THIRTY YEARS' VIEW. CIIAPTER L XXI 1 1. PRE8IDKNTIAL KLKCTION OP 1832. Genekal Jackson and Mr. Van Buren were the candidates, on one side ; Mr. Clay and Mr. John Sergeant, of Pennsylvania, on the other, and the result of no election had ever been look- ed to with more solicitude. It was a question of systems and of measures, and tried in the persons of men who stood out boldly and un- cfused to vote in it ; h neither party, and Ml citizens who were received no vote but rnor John Floyd of .ce of Massachusetts : counted for upon any eason, seeing that the opposite sides of the complained, and that be its overthrow; of nation. This circum- nullification attitude med, gave significance 10 other States in the paration too marked terpreted by current ;understood. Another election, of a nature commemoration, but ■ed for the lesson it ies founded upon one that idea has nothing anti-masonic vote of ]Mr. Wii-t, late United for President ; and for •ennsylvania, for Vice- that vote was this: Bome years before, a citizen of New-York, one Mr. Morgan, a member of the Freemason fia- tcrnity, had disappeared, under circumstances wliich induced the belief that he had been secret- ly put to death, by order of the society, for di- vidging theii .lecret. A great popular ferment giew out of this belief, spreading into neighbor- ing States, with an outcry against all ma.sons, and ail secret societies, and a demand for their suppression. Politicians embarked on this cur- rent ; turned it into the field of elections, and made it potent in governing many. After ob- taining dominion over so many local and State elections, " anti-masonry," as the new enthusi- asm was called, aspired to higher game, under- took to govern presidential candidates, subject- ing them to interrogatories upon the point of their masonic faith ; and eventually set up can- didates of their own for these two high offices. The trial was made in the persons of Messrs. Wirt and Fillmakcr, and resulted in giving them seven votes — the vote of Vermont alone — and, in showing the weakness of the party, and its consequent inutility as a political machine. The rest is soon tohl. Anti-masonry soon ceased to have a distinctive existence ; died out, and, in its death, left a lesson to all political parties found- ed in one idea — especially when that idea hasno- tliing political in it. CHAPTER LXXIV. FIRST ANNUAL MES.SAGE OF PUESIDKNT JACK- SON AFTKU lUS SECOND ELECTION. Tins must have been an occasion of great and honest exultation to General Jackson — a re- election after a four years' trial of his adminis- tration, over an opposition so formidable, and after having assumed responsibilities so vast, and by a majority so triumphant — and his mes- sage directed to the same members, who, four months before, had been denouncing his mea- sures, and consigning himself to popular con- demnation. He doubtless enjoyed a feeling of elation when drawing up that message, and had a right to the enjoyment ; but no symptom of that feeling appeared in the message itself, ffhicli, abstaining from all reference to the elec- tion, wholly confined itself to business topics, and in the subdued style of a business paper. Of the foreign relations he was able to give a good, and therefore, a brief account ; ami pro- ceeding quickly to our domestic alliiirs gave to each head of these concerns a succinct conside- ration. The state of the finances, and tlie pub- lic debt, claimed his first attenticm. The re- ceipts from the customs were stated at twenty- eight millions oi dollars — from the lands at two millions — the payments on account of the pub- lic debt at eighteen millions ; — and the balance remaining to be paid at seven millions — to which the current income wotild be more than adequate notwithstanding an estimated reduc- tion of three or four millions from the customs in consequence of reduced duties at the preced- ing session. He closed this head with the fol lowing view of the success of his administration in extinguishing a national debt, and his con- gratulations to Congress on the auspicious and rare event : " I cannot too cordially congratulate Congress and my fellow-citizens on the near iipiu-oach 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 marked out by the legislation of the country for this object, the present administration has devoted to it all the means which a flourishing commerce has supplied, and a prudent economy jjieserved, for the public treasury. Within the four jcars for which the people have confided the execu- tive power to my charge, fifty-eight millions of dollars will have been applied to the payment of the public debt. That this has been accom- plished without stinting the expenditures for all othor 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 defence, for in- ternal improvements of a national character, for the removal and preservation of the Indians, and, lastly, for the gallant veterans of the Revo tion." To the gratifying fact of the extinction of the debt. General Jackson wished to add the substantial benefit of release from the burthens which it imposed — an object desirable in itself, and to all the States, and particularly to those of the South, greatly dissatisfied with the bur- thens of the tariff, and with the large expendi- ditures which took place in other quarters of the Union. Sixteen millions of dollars, he stat- ed to be the outlay of the federal government for all objects exclusive of the public debt ; so that ten millions might be subject to reduction : 284 THIRTY YEARS' VIEW. Il and this to be cflcctcd so as to retain a protcct- 'm<^ duty in favor of the articles essential to our defence and comfort in time of war. On this I)oint he said : "Those who take an enlarged view of the condition of our country, must be satisfied that the policy of protection must be ultimately lim- ited 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 consideration of patriotism and duty, which will doubtless al- ways secure to it a liberal and efficient 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 deprecated 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, declares it not only ine.\i)edient on these grounds, but as disturbing the equal relations of property by legislation, and therefore unconstitutional and unjust." On the subject of the public lands his recom- mendations were brief and clear, and embraced the subject at the two great points which dis- tinguish (he statesman's view from that of a mere pclitician. lie looked at them under the great aspect of settlement and cultivation, and the release of the new States from the presence of a great foreign landholder within their limits. The sale of the salable parts to actual settlers at what they cost the United States, and the cession of the unsold parts within a reasonable time to the States in which they lie, was his wise recommendation ; and thus expressed : " It seems to me to be our true policy that the public lands shall cease, as soon as practica- ble, to be a source of revenue, and that they be sold to settlers in limited parcels, at a price barely sufficient to reimburse to the United States the expense of the present system, and the cost arising under our Indian compacts. The alvantages of accurate surveys and un- doubted titles, now secured to purchasers, seem to forbid the abolition of the present system, because none can be substituted which will moie 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 surrendered 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 system, have, in the progress of our government, for the lands they occupy, paid into the treasury a large pro- portion of fi)rty millions of dollars, and. of the revenue received therefrom, but a small part has been expended amongst them. When, to the disadvantage of their situation in this re- spect, we add the consideration that it is their labor alone which gives real value in the lands, and that the proceeds r rising from their sale are distributed chiefly among States which had not originally any claim to them, and which have enjoyed the undivided emolument arising from the sale of their own lands, it cannot be expected that the new States will remain longer contented with the present policy, after the pay- ment of the public debt. To avert the conse- quences which may be apprehended from this cause, to put an end for ever to all partial and interested legislation on the subject, and to af- ford to every American citizen of enterprise, the opportunity of securing an independent free- hold, it seems to me, therefore, best to abandon the idea of raising a future revenue out of tlic public lands." These are the grounds upon which the mem- bers from the new States should unite and stand. The Indian title has been extinguished within their limits ; the federal title should be extinguished also. A stream of agriculturists is constantly pouring into theii- bosom — man}' of them without the means of pinchasing land — smd to all of them the whole of their means needed in its improvement and cultivation. Donations then, or sales at barely reimbursing prices, is the wise policy of the government; and a day should be fixed by Congress in every State (regulated by the quantity of public land within its limits), after which the surrender of the remainder should take eflfect within the State ; and the whole federal machinery for the sale of the lands be withdrawn from it. In thus filling the new States and Territories with independent landholders— with men having a stake in the soil — the federal government would itself be receiving, and that for ever, the two things of which every government has need, namely, perennial revenue, and military service. The cultivation of the lands would bring in well- regulated revenue through the course of circu- lation, and, what Mr. Burke calls, " the politi- cal secretions of the State." Their populaticiii would be a perpetual anny for the service nf the countiy when needed. It is the true and original defence of nations — the incitement and reward for defence — a freehold, and arms to de- ANNO 1832. ANDREW JACKSON, PRESIDENT. 285 , systcin. have, in cut, for the lands asury a lartrc pro- oUars. and. of the but a small part them. AVhen, to nation in this re- ion that it is their value io the lands, ig from their sale ; States which had ' them, and which cmohiment arising lands, it cannot be 1 will remain longer olicv, after the pay- avert the conse- ■ehendod from this r to all partial and 3 subject, and to af- en of enterprise, the 1 independent frec- >re, best to abandon 1 revenue out of tlie pon which the raem- 3 should unite and s been extinguished ler.ll title should ho am of agriculturists their bosom— many IS of purchasing land lole of their means nt and cultivation, barely reimbursing of the government; )y Congress in every intity of public land ich the surrender of effect within the ■al machinery for the idrawn from it. In and Territories with with men having a ■al government would lat for ever, the two overnment has need, and military .service, would bring in well- thc course of circu- ke calls, "the politi- Iheir population for the service of It is the true and , — the incitement and ■bold, and arms to de- fend it. It is a source of defence which preced- ed standing armies, and should supersede them ; and pre-eminently belongs to a republic, and above all to the republic of the United States, go abounding in the means of creating these de- fenders, and needing them so much. To say nothing of nearer domains, there is the broad expanse from the Mississippi to the Pacific ocean, all needing settlers and defenders. Cover it with freeholders, and you have all the de- fenders that are required — all that interior sav- ages, or exterior foreigners, could ever render necessary to appear in arms. In a mere milita- ry point of view, and as assuring the cheap and eflBcient defence of the nation, our border, and our distant public teriitory, should be promptly covered with freehold settlers. On the siibject of the removal of the Indians, the message said : " I am happy to inform yoti, that the wise and humane policy of transferring from the eastern to the western side of the Mississippi, the remnants of our aboriginal tribes, with their own consent, and upon just terms, has been steadily pursued, and is approaching, I trust, its consummation. By reference to the report of the Secretary of War, and to the documents submitted with it, you will see the progress which has been made since your last session in tiie arrangement of the various matters connected with our Indian relations. With one exception, every subject involving any question of conflict- ing jurisdiction, or of peculiar difficulty, has been happily disposed of, and the conviction evidently gains ground among the Indians, that their re- moval to the country assigned by the United States for their permanent residence, furnishes the only hope of their ultimate prosperity. ''With that portion of the Cherokees, how- ever, 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 Hberal propositions to be made to them which accom- pany the documents herewith submitted. They cannot but have seen in these oilers 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 riglits. Whatever difference of opinion may have prevailed respect- ing the just claims of these people, there will probably be none respecting the liberality of the propositions, and very little respecting the ex- pediency 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 Se- nate, of February 22, 1831." T^e President does not mention the obstacles which delayed the humane policy of transferiing the Indian tribes to the west of the Mississippi, nor allude to the causes which prevented the remaining Cherokees in Georgia from accepting the liberal terms offered them, and joining the emigrated portion of their tribe on the Arkansas ; but these obstacles and causes were known to the public, and the knowledge of them was car- ried into the parliamentary, the legislative, and the judicial history of the country. These removals were seized upon by party spirit as soon as General Jackson took up the policy of his predecessors, and undertook to complete what they had began. His injustice and tyrannj' to the Indians became a theme of political party vituperation ; and the South, and Georgia espe- cially, a new battle-field for political warfare. The extension of her laws and jurisdiction over the part of her territory still inhabited by a jmrt of the Cherokees, was the signal for concentrating upon that theatre the sympathies, and the interfer- ence of politicians and of missionaries. Congress was appealed to ; and refused the intervention of its authority. The Supreme Court was applied to to stay, by an injunction, the operation of the laws of Georgia on the Indian part of the State ; and refused the application, for want of juris- diction of the question. It was applied to to brinj' the case of the missionaries before itself, and did so, reversing the judgment of the Georgia State Court, and pronouncing one of its own ; which was disregarded. It was applied to to reverse the judgment in the case of Tassells, and the writ of error was issued to bring up the case ; and on the day appointed Tassells was hanged. The missionaries were released as soon as they ceased their appeals to the Supreme Court, and address- ed themselves to the Governor of Georgia, to whom belonged the pardoning power ; and the correspondence and communications which took place between themselves and Governor Lump- kin showed that they were emissaries, as well as missionaries, and acting a prescribed part for the " good of the country " — as they expressed it. They came from the North, and returned to it as soon as released. All Georgia was outraged, and justly, at this political interference in her 286 THIRTY YEARS' VIEW. afTtiirs, nnd this intrusive philanthropy in behalf of IntliaiiB to whom she gave the same protection as to her own citizens, and at these attempts, Bo n-peatedly made to bring her before the Su- preme Court. Her governors (Troup, Gilmer, and I.«tnpiiin,)to wliom it successively belonged to leprescnt the rights and dignity of the State, did so with lirnmess and moderation ; nnd, in the end, all her objects wcro attained, and the interference and intrusion ceased ; and the issue of the presidential election rebuked the i)oliticaI and ecclesiastical intermeddlers in hcrafl'airs. A passage in the message startled the friends of the Bank of the United States, and, in fact, took the public by surprise. It was an intima- tion of the insolvency of the bank, and of the insecurity of the public deposits therein; and a recoiniucndation to have the aflaiis of the in- stitution thoroughly investigated. It was in these terms : " Such measures as are within the reach of the Secretary < f tlie Treasury have been taken to enable him to judge whether the public deposits in that institution may be regarded as entiivly safe ; but as his limited power may prove inade- quate to tills object, 1 reconunend the subject to the attention of Congress, under the firm belief that it is wortliy their serious investigation. An intpiiry into tlie 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 chargiN impeaching its character, and which, if true, mav justly c. cite the apprehension that it is no longer a safe depository of the money of the people." This recommendation gave rise to proceedings in Congress, which will be noted in their proper place. The intimation of insolvency was re- ceived with .«corn by the friends of the great corporation — with incredulity bj' the masses — and with a belief that it was true only by the few who closely observed the signs of the times, and by those who confided in the sagacity and provident foresight of Jackson (by no means inconsiderable either in number or juf^gment). For my own part I had not suspicioned insol- vency when I commenced my opposition to the renewed charter ; and was only brought to that suspicion, and in fact, conviction, by seeing the flagrant manner in which the institution resisted investigation, when proposed under circumstan- ces which rendered, it obligatory to its honor; and which could only be so resisted from a consciousness that, if searched, something would be found worse than any thing charged. The only circumstance mentioned by the President to countenance suspicion was the conduct of the bank in relation to the payment of five millions of the three per cent, stock, ordered to have been paid at the bank in the October preceding (and where the money, according to its returns, was in deposit) ; and instead of paying which the bank secretly sent an agent to London to obtain delay fi-om the creditors for six, nine and twelve months ; nnd even to pjirchase a part of the stock on its account — which was done — and in clear violation of its charter (which forbids the in- stitution to traffic in the stocks of the United States). This delay, with the insufficient and illegal reason given for it (for no rea-son could be legal or sufficient while admitting the money to be in her hands, and that which the bank gave related to the cholera, and the ever-ready excuse of accommodation to the public), could only be accounted for from an inability to pro- duce the funds ; in other words, that while her returns to the treasury admitted she had the money, the state of her vaults showed that sbo had it not. This view was further coiifunied by her attempt to get a virtual loan to meet the payment, if delay could not be obtained, or the scock purchased, in the application to the Londou house of the Barings to draw upon it for the amount uncovered by delay or b} purchase. But the salient passage in the message — the one which gave it a new and broad emphasis in the public mind — was the part which related to the attitude of South Carolina. The proceed- ings of that State had now reached a point whirli commanded the attention of all America, ami could not be overlooked in the President's mes- sage. Organized opposition, and forcible re- sistance to the laws, took their open form ; and brought up the question of the governmental enforcement of these laws, or submissio'n to their violation. The question made a crisis ; and tlio President thus brought the subject before Con- gress: " It is m)'' painful duty to state, that, in one quarter of the United State.'^, opposition to the revenue laws has risen to a height which threat- ens to thwart their execution, if not to endan- ger the integrity of the Union. Whatever oli- structions may be thrown in the way of the judicial authorities of the general government, it is hoped they will be able, peaceably, to over- ANNO 1833. ANDHEW JACKSON, TRKSIDENT. 287 , something would ng charged. The by the President the conduct of the nt of five millions dered to have heen ,er preceding (and :o its returns, was paying whifl' the London to obtain six, nine and twelve c a part of the stock done— and in clear lich forbids the in- oclvs of the United the insufllcient and Tor no reason could idmitting the money Imt which the bank , and the ever-ready 10 the public), could 1 an inability to pro- rords, that while her dmitted she had the ,ult8 showed that sbo as further confirmud ;tual loan to meet the ,t be obtained, or the lication to the Londou draw upon it for the or bj purchase, in the message— the ,id broad emphasis in part which related to ■olina. The proceod- rcached a point wliich of all America, and the Tresidcnt's nus- ;ion, and forcible re- their open form ; and of the govcrnmcntiil or submission to their iiadc a crisis ; and tlio le subject before Con- J to state, that, in one Itc; opposition to tlic I a height which tlircat- lition, if not to endan- rnion. Whatever o )- fn in the way of the |c general government, "ble, peaceably, to over- come them by the prudence of their own officers, and the hank ; and arith- metical caIe\ilations were gravely gone into to show, iijion each decline of the stock, how mnch money each stockholder had lost. On this oc- casion the loss of the United States was set down at half a million of dollars: — which was recovered finir days aflerwanls n|Km the reading •if the report of the treasiuy agent, favorable to the bank, and which enabletl the dealers to put up the shares to 112 again. In the mean time nobody lost any thing but the gamblers ; and that was nothing to the public, as the loss of one was the gain of the other : and the thing balanced itself. Holders for investment ne'ther lost, nor gained. For the rest, Mr. Wayne, of (icorgir*, replied: "It has been said that nothing was now b - fore the House to make an inquiry into (he co:.- dition of tlie bank desirable or ntHJossarv. He would refer to the President's messagi', and to the n lit of the Secretary of the Treasiirv, both sii; resting an examination, to ascertain if the bank was, or would be in future, a safe de- jtository for the public fimds. Mr. W. did not say it was not, but an incjuiry into the fact might be very proper notwithstanding ; and the Prosiiieiit and Secrotarj', in suggesting it. had imi)iitod no suspicion of the insolvency of the bank. Eventua' ability to discharge all of its oblipitions is not of itself enough to entitle the bank to the conlidence of the government. Its managinnent, and the spirit in which it is man- aged, in diriHit reference to the government, or to those administering it, may make investiga- tion proper. What was the Executive's com- plaint against the bank ? That it had interfered with the payment of the public debt, and would postpone the payment of five millions of it for a year after the time fixed upon for its redemp- tion, by becoming actually or nominally the iwssessors of that amount of the three per centum stock, though the charter prohibited it from holding such stock, and from all advanta- ges which might accrue from the purchase of it. True, the bank had disavowed the owner- ship. But of that sum which hrnl been bought by Baring, Brothers, & Co.. under the .agree- ment witii the agent of the bank, at ninety-one and a half, and the cost of which had been charged to the bank, who would derive the benefit of the difference between the cost of it and the par value, which the government will pay 7 Mr. W. knew this gain would be efiected by wliat may be the rate of exchange between the Tnited ."^tates and England, lint still tlwn> would be pain, and who was to receive it ? Ka- ring, Brot.iers, iVr Co. ? No. The bank was, by agreement, charged with the cost of it, in a separate account, on the books of Baring, Bro- thers, & Co., and it had agn'cd to pay interest uiM)n the nmouiit. until the stock was rrdeenicd. "The ban!: being prohibited to deal in such stock, it would be well to intinire, even under the present arrangements with llariiig, Brothers, & (■()., whether the charter, in this n'spect, wn^ snbstantinlly complied with. Mr. W. would not now go into the «piestion of the policy of the arrang«'ment by the bank concerning tlie thn>e iier cents. U may eventuate in great public benefit, as regards the commerce of tho country ; but if it does, it will be no apoI(^ gy for the temerity of an iiitei fertnce with tiio fi.\ed policy of the government, in regard to the payment of the national debt; a policy. whicli those who administer tlie bank knew limj been tixed by all mIio, by law, can have any agency in its payment. Nor can any apolnfry be found for it in the letter of the Secretary of the Treasury of the l!»th of duly last to Mr. Biddle ; for, at IMiiladelphia, the day before, on the 18th. he employed an agent to go to Kiiff- land, and h:id given instructions to make an arrangement, by which the payment of the juib- lie debt was to be postponed until October 18a;?." Mr. Watmongh, representative from the dis- trict in which the bank was situated, disclaiiiied any intention to thwart any cour.se which the House was disposed to take ; but said that tiic charges against the bank had painfull}' aU'ectnl the feelings of honorable men conneeteil with the corporation, and injured its character ; and deprecated the appointment of a select conmiit- tee; and proposed the Committee of Ways and Means — the siime which had twice reported in favor of the bank : — and he had no objection that this committee should be clothed with hI! the powers proposed by Mr. Wayne to be con- ferred upon the select committee. In this slate of the question the report of the treasury agent came in, and deserves to be remembered in con- trast with the actual condition of the bank as afterwards discovered, and as a specimen of tlie impo.sing exhibit of its aflairs which a moneyed corporation can make when acti'ally insolvent The report, founded on the statements fiirnisiied by the institution itself, presented a superb con- dition — near eighty millions of assets (to be precise, $79,593,870), to meet all demands against it, amounting to thirty-seven millions and a quarter — leaving forty-two millions and ANNO ISM. ANDllKW .lACKHON, I'UFXIDKNT. 289 il, h»it still IIh'vo () n'ci'i'i' it^ l'»- riie liniik wuR, '•}' , ooHt of it, ill ft i» (if Viiiriiij:, lln»- ,>(1 to piiy iiittTfst [)(k wnH ri'dciMiu'il. L.(l to (lonl in Hurh Kiuivo, ovon uikUt h Hl^rill^^ UrotUns, n tliis n'siH'Ot, wii'* Mr. W. woiiltl li of tlK« liolicy of ink conccniiiig tlio i-vi'iitvi!itc in >:r('nt lO coiniiu'i'co of tho will \v no nvol(^ itoi fi'ivnco with tlio iim-nt. ill ri'};HV»l to iml (U'l't; It l'"l""yi • tlic Itiviik know liiul Itiw, ran Imvc nny ;()r ran nnv iUHilo(:y • of the Socn-tiwy of of .liily Inst to Mr. ,1, tlio (lay Itoforo, on npont to >:;» to Kiip- uctions to make nn nayinonl of the jmb- ponca until October, ntative from the tlis- H sitviati-a, disclaiiuod uy course which the ic ; hut said that the uid iiaiufuUy atlVcteil men coinioctcd with •d its character ; uiul ,t of a felcct coimnit- lunittee of VVay« «i"l lad twice reported in he had no ohjecticm d be clothed with nil dr. Wayne to he con- imittce. In this slate of the treasury agent c remembered in con- dition of the bank as as a specimen of the [airs which a moneyed Icn acti'ally insolvent. . statements furni^^hed resented a superb con- ons of assets (to Iw meet all demands thirty-seven millions forty-two millions and a quarter for the sforkho1dor«; of which thirty- five millions would reiniburso tho stock, and seven and a quarter milliouH remain for divi- dcml. Mr. I'olk stated that tliis n port was a mere conqicndlum of the monthly Imnk nlnrns, nhowiiiK nothiup; which these returns did not hhow; and eH|K'ciftlly nothinj!; of the ei^^ht mil- lions of unavailable funds't^diieh had been ascer- tained to e.xist, and which had been accumulat- inp for ei};htcen years, oii the point of the non-payment of the three pl-r cents, ho said : '•The Secretary of tho I^MyKiry had j;ivcn public n()tice that the wh()leaiui)UnU7fth»jlir«'(' iu the ISank of tho United States." Mr. Polk, |)cr cents would Iw paid olFon the first (ifTrrrijt_^ne c/ Mie fCT The bank was apprised of this arraii^^einenf, and on its application tho treasury department consented to NUS|KMid the redemption of one lliirdof this stock until the lirst of October, the Jmnk paying tho interest in the mean while. But, if t)io conilition of the bank was so very prosperous, as has been represented, why did it make so great a sacrilico as to pay interest on that largt! amount for three months, fur the sake of deferring the payment? The Secretary of the Treasury, on tho lUth -Mdy, determined timt two thirds of the stock shoidd be paid off (in the lirst of October; and, on the IHth of Ju- ly what did tho bai.i. do? It dispatched an a^.'cnt to liondon, with lut the knowledge of the (riasiiry, and for what? In eiii'ct, to bori'ow Ti.Oi 1(1,(100 dollars, for that was the amount of (lie transaction. From this fact Mr. I*, inferred tiiat the bank was unable to go on without the imlilie dep )sit.s. They then made a comniuni- catiim to the treasury, stating (hat the bank would hold lip such certidcates as it could con- trol, to suit the convenience of the government; liiit was it on this account that they sent their U|,'ent to Iiondon ? Did the president of the lianlv himself assign this reas(m? No; he gave a very dilf'erent account of the matter; he said that the bank apprehended that the spread of till' cholera might produce great distress in the oiiuitry, and that the bank wished to ludd itself i:i an attitude to meet the public exigencies, mid that with this view an agent was sent to make an arrangement with the IJarings for with- iiolding three millions of the stock." The motion of Mr. Watmough to refer the inquiry to tho Committee of Ways and Means, \.as carried ; and th.at committee soon reported : Jirntj on the point of postponing tho payment uf a part of the throe per cents, that the busi- i ness being now closed by tho actual payment i of that stock, it no longer presented any im- portant or practicable point of incpiiry, and did not call for any action uf Congress npon it ; and. lie d(>positH, that there could bo no doubt of tho eidire soundness of tho whole bank capital, after meeting all demands upon it, either by itR bill holders or the government; and that such was the oiiinion of the committee, who felt great cou(i(lenct> in the well-known t^haracter and in- telligence of the directors, whose testimony Hup- purt«'(l the facts on which the committee's opin- ion rested. And they concluded with a resolve which they reconnnended to tho adoption of the House, "That the government deposits may, in the oitinion of the House, lie safely continued committee, dis.sented from tho re- port, and argued thus against it: " I To hoped that gentlemen who believed tho time of the House, at this period of tho session, to be necessarily valuable, would not press the (Minsideration of this resolution upon the House at this juncture. During the small remainder of the session, tliere were several measures of the highest public importance which remained to be act«d on. For one, he was extremely an.xious that tho session should close by 12 o'clock to-night, in order that a sitting upon tho Sabbath might be avoided. He would not pro- ceed in expressing his views until he should un- derstand from gentlemen whether they intended to press th(! House to a vote upon this resolu- tion. [A remark was made by Mr. Ingcrsoll, which was not heard distinctly by the reporter.] Mr. I', proceeded. As it had l)een indicated that gentlemen intended to take a vote upon the resolution, he would ask whether it was possi- ble for tho memlM?rs of the llouso to exprcsa their opinions on this subject with an adequate knowledge of the facts. The (Jommittee of Ways and Means had spent n( arly the wh(de session in the examination of <»ne or two points connected with this subject. 'J'he range of in- vestigation had been, of necessity, much less, extensive th.an the deep importance of the sub- ject required ; but, beftjre any opinion could be properly expressed, it was important that the facts developed by the committee should be un- derstood. There had been no opportunity for- tius, and there was no necessity for the expres- sion of a premature opinion unless it was consi- dered essential to whitewash the bank. If the friends of the bank deemed it indispensably neces- sary, in order to sustain the })ank, to call for an expression of opinion, where the Hou.se had en- joyed no opportunity of examining the testimony and proof upon which ahme a correct opinion could be formed, he should be compelled, briefly, to jiresent one or two facts to the House. 1 1 had been one of the objects of the Committee of Ways and Means to ascertain the circumstances relative to tho postponement of the redemption of the ^Stcondli/, on the p(/int of the safety of the pub- i threepercent. stock by the bank.. With the mass, Vol. I.— 19 1 ! «*ii! 290 THIRTY YFARS' V.EW. i :ft 'if of otiicr iinpoitnnt duties dovolviiip; upon the comniittoo, hh full mi invostipiition of tlie cmi- dition (if the bunk us wus desirable could not be exiM-'cted. Tlie coimnittec, theiefore, hud been obliged to limit tlieir iiiquiries to tliiH (subject of tlie three per cents ; the other subjectH of investiV\'stern branches had not been curtailed. It was found impo.ssiblc to curtail them. As the list of discounts had gone down, the list of domestic bills of exchange had gone up. Tho application before allude(l to was made in March to Mr. Ludlow, of New-York, who represented about 1,7()(),()00 of tho public debt to postpone its redemption. This expedient also failed. Then the president of the bank came to Washington for the purpose of procuring the postponement of the period of redemption, upon the grouml that an extraordinary pressure existed, and the public interest would be promoted by enublin): the bank to use the public money in aflbrdinir facilities to the merchants of the commercial cities. And what next ? In •Mily, the president of the bank and the cxehiinge committee, without the knowledge of the heiiil of the treasury, or of the board of directois of the bank, institutiMJ a secret mission to England, for the pin'po.so of negotiating in eilect a loan of five millions of dollars, for which the bank was to pay interest. The propriety or object of this mission was not laid before the board of directors, and no clue was afforded to the government. Mr. Cadwal- ader went to England upon this secret mission. On the 1st of October the bank was advised of the arrangement made by Mr. Cadwalader, by which it was agreed, in behalf of the bank, to purchase a {)art of the debt of the foreign holders, and to defer the redemption of a part. Now, it was well known to every one who had taken the trouble to read the charter of the bank, that it was expressly prohibited from purchasing public stock. On the 15th October it was dis- covered that Cadwalader had exceeded his in- structions. This discovery by the bank took place immediately after tho circular letter of Baring, Brothers, & Co., of London, announcing that the uirangement had been pubhshed in one of the New-York papers. This circular gave lisc first information to the government, or to any one in this country, as far as he was advised, excepting the exchange connnittee of the bank, of tlie object of Cadwalader's mission. In the liniitcil time wluch could now be spared for this discus- sion, it was impossible to go through the parti- culars of this scheme. It would be seen, on examination of the transaction, that the bank had directly interfered with the redemption of the public debt, for the obvious reason that it ANNO 1833, ANDREW JACK80N, TOFSIDENT. 291 . own convenient y \m\ the public ^vhcn called fori Imnk hnd nntici- ,f \W.V2 it would d nnd permanent he circular orders rt'cre then isrtuea, lecting the means from the loans y. Efforts were oAVcst to make t those cllbrta cn- upon loanH made not been curtailed, curtail them. As , down, the list of ad gone up. Tho vas made m March who represented c debt to postpone ,t also failed. Then xme to Washington the postponement I upon the ground irc existed, and the omoted by emiblinir money in aftbrdiii!: (,f the comnierciul rt.lidv,thepresi(lent ecomuiittee. without of the treasury, or the bank, instituteil I for the piu'posc of I of five millions of was to pay intciest. itiiis mission was not Erectors, and no clue Imcnt. Mr. Cadwal- this secret mission. ,ankwas advised of I Mr. Cadwalader, by [half of the bank, to ,f the foreign holders, of a part. Now, il one who had taken Irter of the bank, that [ud from purcha.smg ' October it was dis- lad exceeded his ui- iv by the bank took Kic circular letter of London, annoimcin? neen published in one prhis circular gave the .rnment,ortoanyom ivas advised, excepting of the bank, ol Hie Ission. In the limited spared for this discu- KO through the parti- % would be seen, on Lction,that the hank [th the redemption bvious reason that « wftfl unable to refund the public dcpoBits. Tlie ciioli ni was not the urouiid of the correspondence with Ioimd with a chain of ilfleen iraunds weight ; and his misery wafl three times exposed in the market-place, to excite the compassion of his friends. At tho expiration of sixty days, the debt was discharged by the loss of lilwrty or life. The insolvent debtor was either i)ut to death or sold in for- eign slavery beyond the Tiber. But, if several creditors were alike obstinate and unrelenting, they might legally dismember his l>ody, ami satiate their revenge l)y this horrid partition. Though tho refinements of modem crilieisnis have endeavored to divest this ancient cruelty of its horrors, the faithful Gibbon, who is not re- markable for his partiality to the poorer class, preferring tho liberal sense of antitpiity, draws this dark picture of the effect of giving the cre- ditor power over the person of the debtor. No sooner was the Roman empire subverted than the delusion of Roman perfection bi'gan to vani>Ii, and then the absiirdity and cruelty of this sys- tem began to be exploded — a system which con- vulsed Greece and Rome, aud filled the world with niisory, and, without one redeeming bene- fit, could no longer be endured — and, to tlic honor of humanity, f(,r about one thousand years, during the middle ages, impiisonment for debt was generally abolished. They .neemed to have understood what, in more modern times, we are less nady to compiehend, that power, in any degree, over the jwrson of the debtor, is tiie same in principle, varying only in degree, whether it be to imprison, to enslave, to brand, to dis- member, or to diviile his botly. But, as tlie lapse of time removed to a greater distance the cruel- ties which had been suffered, the cujmlity of the affluent found means again to introduce the sys- tem ; but by such slow gradations, that tho uii- suspv'Cting poor were scarcely conscious of tiie change. "The history of English jurisprudence fur- nishes the remarkable fact, that, for many cen- turies, personal liberty could not be violated for debt. Property alone could be taken to satisfy a pecuniary demand. It was not until the rei^'n of Henry III., >u the thirteenth century, that the principle of imprisonment for debt was lecognizeil in the land of our ancestors, and that was in favor of the barons alone ; the nobility against their bailiffs, who had received their rents ami had appropriated them to their own use. Here was the shadow of a pretext. The great objec- tion to the punishmeiit was, that it was intiicteil at the pleasure of the baron, without a trial : an evil incident to aristocracies, but obnoxious to republics. The courts, imder the pretext ol' im- puted crime, or constructive violence, on the iiart of the debtor, soon began to extend the principle, but without legislative sanction. In the eleventh ANNO 183a. ANDRKW JACKSON, PIM'.SIDKNT. 293 icacon of wam- T j»iilKnicnt was t-re nUowtMl l»c- Uie power of l>m wan rctaint'd iu iiiccs of rice for t l)c l)Otmtl with ,; and Ills miHcry niarket-i>lace, to friemls. At Uio |)t waH tlischarKed , The iuHoWent th or sold in for- .. But, if several and unrelenting, er liirt l)ody, and 1 horrid partition, modem crilieisnis ancient cruelty of on, who is not rc- to the poorer class, „f anti(iuity, draws t of Kivmp the cn>- of the debtor. >o lire subverted thiui lionU•gantovalli^ll, cruelty of this sys- V system which coii- ,ul Idled the world )ne redeeminp; benc- idurcd— and to the ibout one thousand es. imprisonment for •a! They seemed to more modern times, jhend, that powei- m of the debtor, is the »ly in degree, whetkr ive, to brand, to dis- ly. But, as the laiise t-r distance the cruel- i\ the cupidity of the to introduce the sys- wlations, that the un- ccly conscious of the h jurisprudence fur- ;, that, for many cmi- 1(1 not be violated for Id be taken to satisfy [as not until the rei^'n Uh century, that the pr debt was rcco|;ni/x;ii tors, and that was in J; the nobility a-rniiis eived their rents niM jtheir own use. IKtc kt. The great oiiiec- L that it was intlicti'' U, without a trial: an tics, but obnoxious to Ider the pretext (It mi- te violence, on the van Lo extend the principle, tction. In the eleventh year of tho rclffn of Edward I., the Immediate wK'ivssor of Henry, the right of imprirt(>rH was extended to merchants — Jewish nu'H'haiits i'xce|)teil, on account of their hetero- doxy in religiini— and was exercised with great sivi'iity. This extension was an act of \*>\\cy o;i tlie iMirt of tho monarch. Tlic ascendency oliliiiiK'd by tlio barons menaced the power of tlic throue ; and, to counteract their mfluence, the mcrcliants, a numerous and wealthy class, wiTo selected liy the monarcli, anil invested with till' Slime authority over their debtors. " Hut Kiigiaiid was not yet prepared for the yolvc. She could L'lidure an hereditary nobility ; shi' could tolerate a monarchy ; but she could not yet resign her unfortuiiatu sons, indiscriini- iiiitofy, to tho prison. The barons and the nier- cliiints had gained the power over their victims ; yet more tlian sixty years elapsed before Parlia- uioiit dared to venture another act recognizing tho principle. During this period, imprison- iiieiit for debt had, in some degree, lost its no- velty. 'I'ho incarceration of the debtor began to make the impression that fraud, and not mis- fortune, had brought on his catastrophe, and that he was, therefore, unwo'thy of tho protec- tion of the law, and too degra^1DF,NT, 295 branch of industry, of all such pursuits (1 upon the belief, in n-ship was unsafe- id the stockholders confonnity to this s brought into the sell the public stock United Statci;, being amount, and consist- iring five per centum t at the threshold by vhich implies the mi- t to be considered; ct the bill at the first never for considcra- only ; and, although plication of unfitness e flagrant enormity without the honor of ion. That motion was bank, and seconded by ough) supposed to be of the bank directory. Ic gave vent to expres- i.hey felt the indignity ill, one side in proniot- sing the motion. Mr. (i. "He was impelled, constituents and to his ,se, what he had never le rejection of a bill at le are cases in which the demands of justice lis in my humble opiu- . is a bill fraught with !sts, except the interest all-strert." Mr. '^Vat- idignation and amaze- ,f such a bill, and even which reported it with rew a call to order from |se. "lie expressed hi* [cessity which compelled House, and to express [1, and his indignation . of a national institu- 18 to say which feelini: ;om— amazement, at i\v the supporters of tlie Ml lunrelenting spirit of tho ion on that floor of an in- stitution admitted by the wisest and the best men of the times to be absolutelj" essential to the existence and safety of this Union, and almost to that of the constitution itself which formed its basis. lie said, lie was amazed that such a bill, at such a crisis, could emanate from any committee of this House ; but his amazement was diminished when he recalled to mind the source from which it came. It came from the Committee of Ways and Means, and was under the parental care of the gentleman from Ten- neessec. Need he say more ? " Now, the member thus referred to, and %vho, after being pointed out as the guardian of the bill required nothing more to be said, was Mr. Polk, afterwards President of the United States. But parliamentary law is no respecter of per- sons, and would consider the indecorum and outrage of the allusion equally reprehensible in the case of the youngest and least considerable member; and the language is noted here to show the indignities to which members were subjected in the House for presuming to take any step concerning the bank which militated against that corporation. The sale of the gov- ernment stock was no injury to the capital of tlie bank : it was no extinction of seven milliou.s of capital but a mere transfer of that amount to private stockholders — such transfer as took place daily among the private stockholders. The ouly injury could be to the market price of the slock in the possible decline involved in the withdrawal of a large stockholder ; but that was a damage, in the eye of the law and of morality, without injury ; that is, without injustice — the stockholder having a right to do so without the assignment of reasons to be judged of by the corporation; and consequently a right to sell out and withdraw when he judged his money to be unsafe, or unprofitably placed, and suscepti- ble of a better investment. Mr. Polk remarked upon the unusual but not unexpected opposition to the bill ; and said if the House was now forced to a decision, it would be done without opportunity for deliberation. lie vindicated the bill from any necessary connection with the bank — with its eulogy or censure. This eulogy or censure had no necessary con- nection with a proposition to sell the government stociv. It was a plain business proceeding. The bill autliorized the Secretary of tlie Treasury to sell the stock upon such terms as he should deem best for the government. It was an isolated proposition. It proposed to disenthral the gov- ernment from a partnership with this incorporat- ed company. It proposed to get rid of the in- terest which the government had in this moneyed monopoly ; and to do so by a sale of the govern- ment stocks, aiid on terms not below the market price. Ho was not disposed to depreciate the value of the article which he wished to sell. Ho was willing to rest upon the right to sell. The friends of the bank themselves raised the question of solvency, it would seem, that they might have an opportunity, to eulog'- " the institution under the forms of a defence. This was not the time for such a discus j ion — for an iiiquiry into the conduct and condition af tho bank. The argument and the right were with the supporters of the bill ; but they signified nothing against the firm majority, wliich not only stood by the corporation in its trials, but supported it in its wishes. The bill was immediately rejected, and by a summary process which inflicted a new indignity. It was voted down under the opera- tion of the " previous question," which, cutting off all debate, and all amendments, consigns a measure to instant and silent decision — like tho " luort sans phrase " (death without talk) of the Abbe Sieyes, at the condemnation of Louis tho Sixteenth. But the vote was not very triumph- ant — one of the leanest majorities, in fact, which the bank had received : one hundred and two to ninety-one. The negative votes were : " Messrs. Adair, Alexander, R. Allen. Anderson, Angel. Archer, Barnwell, James Bates, Beardsley, Bell, Bergen, Bethune, James Blair, John Blair, Boon, Bcuck, Bouldin, Jolui Brodhead, John C. Brodhead, Cambreleng, Chandler, Chinn, Clai- borne, Clay, Clayton, Coke, Connor, Davenport, Dayan, Doubleday, Draper, Felder, Ford, Foster, Gaither, Gilmore, Gordon, Griflin, Thomas II. Hall, William Hall, Harper, Hawkins, Hoflman, Holland, Horn, Howard, Hubbard, I'^acks, Jar- vis, Jewett, Richard M. Johnson, Cave John- son, Kavanagl^ Kennon, Adam King, John King, Lamar, Lansing, Leavitt, Lecompte, Lewis, Lyon, Mann, Mardis, Mason, McCarty, Wni. McCoy, Mclntire, McKay, Mitchell, Newnan, Nuckolls, Patton, Pierson, Plummer, Polk, Edward C. Reed, Po,\ne, Soulc, Speight, Standifer, John Thompson, Verplanck, Ward, Wardwell, Wayne, Weeks, Campbell, P. White, Worthington. — Such was the result of this attempt, on tho part of tho government, to exercise the most or- 296 THIRIT YEARS* VIEW, I I ■'V r. ■:!) ■•*^ dinary right of a stockholder to sell its sharos : opposed, insulted, defeated ; and by the power of the bank in Conpress, of whose members subsequent investigations showed above fifty to be borrowers from the institution ; and many to bo on the list of its retained attorneys. But this was not the first time the government had been so treated. The same thing had happened once before, and about in the same way ; but without the same excuse of persecution and en- mity to the corporation ; for, it was before the time of General Jackson's Presidency ; to wit. in the year 1827, and under the Presidency of ]Mr. Quiucy Adams. Mr. Philip P. Barbour, represen- tative from Virginia, moved an inquiry, at that time, into the expediency of selling the United States stock in the bank : the consideration of the resolution was delayed a week, the time necessary for acomnnmication with Philadelphia. At the end of the week, the resolution was taken up, and summarily rejected. Mr. Barbour had placed his proposition wholly upon the ground of a public advantage in selling its stock, unconnected with any reason disparaging to the bank, and in a way to avoid, as he believed, any opposition. lie said : " The House were aware that the government holds, at this time, stock of the Bank of the United States, to the amount of seven millions of dollars, which stock was at present worth in market about twent3'-three and one hall" per cent, advance above its par value. If the whole of this stock should now be sold by the govern- ment, it would net a profit of one million and six hundred thousand dollars above the nominal amount of the stock. Such being the case, he thought it deserved the serious consideration of the House, whether it would not be a prudent and proper measure now to sell out that stock. It had been said, Mr. B. obsen-ed, by one of the best writers on political economy, with whom he was acquainted, tliat the pecimiary alfairs of nations bore a close analogy to those of private households: in both, their prosperity mainly depended on a vigilant and cU'ective management of their resources. There is, said Mr. B.. an amount of between seventeen and eighteen mil- lions of the stock of the United States now re- deemable, and an amotint of nine millions moix;. which will he redeemable next year. If the in- terest paid by the United States on this debt is compared with the dividend it receives on its stock in the Bank of the United States, it will be found that a small advantage would be gained by the sale of the latter, in this respcrt ; since the dividends on bank stock are received scnii- amnially, while the interest of the United States' securities is paid quarterly ; this, however, he waived as a matter of comparatively small mo- ment. It must be obvious, he said, that the ad- dition of one million six hundred thousand dol- lars to the available funds of the United States will produce the extinguishment of an equiva- lent amount of the public debt, ^d consequently relieve the interest payable thereon, by which a saving would accnio of about one hundred thou- sand dollars per annum." This was what Mr. Barbour said, at the time of ofl'ering the resolution. When it came up for consideration, u week after, he found his motion not only opposed, but his motives impeached, and the most sinister designs imputed to himself— to him ! a Virginian country gentleman, honest and modest ; ignorant of all indirection ; upright and open ; a stranger to all guile ; and with the simplicity and integrity of a child. He deeply felt this impeachment of motives, certainly the first lime in his life that an indecent impntatiou had ever fallen upon him ; and he feelingly depre- cated the intensity of the outn ^e. He said: " We shall have fallen on evil times, indeed, if a mend)er of this House might not, in the in- tegrity of his heart, rise in his place, and ofter for consideration a measure which he believed to be for the public weal, without having all that he .«aid and did imputed to some hidden motive, and referred to some secret purpose which wa. never piv-sented to the public eye." His proposition was put to the vote, and re- ceived eight votes besides his own. The)' were : Jlessrs. Mark Alexander, John Floyd, John lloane. and himself, from Virginia ; Thomas II. Ilall, and Daniel Turner, of North Carolina; Tomlinson Foot of Connecticut; Joseph Le- compte, and Henry Daniel, of Kentucky. And this was the result of that first attempt to sell the United States stock in a bank chartered by itself and bearing its name. And now, why re- suscitate these buried recollections? I answer: for the benefit of posterity ! that they may liiive the benefit of our experience without the humi- liation of having undei^one it, and know what kind of a master seeks to rule over them i*" another national bank shall ever seek incorpora< lion at their hands. Jli ANNO 1832. ANDREW JACKSON, PRESIDENT. 297 thi.s resiicct ; since arc rc'ccivod sinii- )f the UnitcMl Sink's' ; thin, howc'viT, Ik; anitivcly small ino- hc said.that the ad- ndred thousand dol- ,f the United States imont of an eqniva- bt, ^d consequently thereon, by which a it one hundred thou- our said, at the time When it came up for , he found his motion otives impeached, and mputed to himself— ,ry gentleman, honest I indirection ; upright II guile ; and with the ^ a child. He deeply motives, certainly the in indecent imputation and he feelingly depre- outrii'e. He said: )n evil times, indeed, if I might not, in the m- in his place, and ofier ire which he believed without having all that ,0 some hidden motive, •et purpose which wa. blic eye." ut to the vote, and re- his own. They were : John Floyd, John Virginia; Thomas II. r, of North Carolina; ■necticut; Joseph Lo- L-1, of Kentucky. Ami ,at first attempt to .«ell in a bank chartered by le. And now, why re- jollections? I answer: y! that they may have ence without the humi- onc it, and know what to rule over them i' lall ever seek incorpora- CHAPTER LXXVIII. NULLIFICATION OBDINANCE IN 80UTU CAKO- LINA. It has been seen that the whole question of the American system, and especially its prominent feature of a high protective tariff, was put in issue in the presidential canvass of 1832 ; and tluit the long session of Congress of that year was occupied by the friends of this system in bringing forward to the best advantage all its points, and staking its fate upon the issue of tlie election. That issue was against the system ; and the Congress elections taking place contem- poraneously with the presidential were of the same character. The fate of the American sys- tem was sealed. Its domination in federal legislation was to cease. This was acknowledged on all hands ; and it was naturally expected that all the States, dissatisfied with that system, would be satisfied with the view of its speedy and regular extinction, under the legislation of the approaching session of Congress ; and that expectation was only disappointed in a single State — that of South Carolina. She had held aloof from the presidential election — throwing away her vote upon citizens who were not can- didates — and doing nothing to aid the election of General Jackson, with whose success her interests and wishes were apparently identified. Instead of quieting her apprehensions, and mode- rating her passion for violent remedies, the success of the election seemed to inflame them ; and the 24th of November, just a fortnight after the election which decided the fate of the tariff", slie issued her ordinance of nullification agsiinst it, taking into her own hands the sudden and violent redress which she prescribed for herself. That ordinance makes an era in the history^ of our Union, which requiivs to be studied in order to understand t' e events of the times, and the history of subsequent events. It was in these words ; "onniNANCE. " An ordinance to nullify certain acts of the Congress of the United IStates, purporting to k laws laying duties and imposts on the im- furtation of foreign commodities. " Whereas the Congress of the United States, by various acts, purportbg to be acts laying duties and imposts on foreign imjiorts, but in reality intended for the protection f)f domestic manufactures, and the giving of bounties to classes and individuals engaged in particular employments, at the expense and to the injury ami oppression of other classes and individuals, and by wholly exempting from taxation certain foreign commodities, such as are not produced or manufactured in the United States, to afi'ord a pretext for imi>08ing higher and excessive duties on articles similar to those intended to be protected, hath exceeded its just powers inidor the constitution, which confers on it no authority to afford such protection, and hath violated the true meaning and intent of the constitution, which provides for equality in imposing the bur- dens of taxation upon the several StatCi and portions of the confederacy : And whereas the said Congress, exceeding its just power to impose taxes and collect revenue for the purpose of eir^'cting and accomplishing the specific objects and purposes which the constitution of the United States authorizes it to effect and accom- plish, hath raised and collected unnecessary revenue for objects unauthorized by the consti- tution. "We, thereforCj the people of the State of South Carolina, m convention assembled, do declare and ordain, and it is hereby declared and ordained, that the several acts and parts of acts of the Congress of the United States, purporting to be laws for the imposing of duties and imposts on the importation of foreign commodities, and now having actual operation and effect within the United States, and, more especially, an act entitled ' An acv in alteration of the several acta imposing duties on imports,' approved on the nineteenth day of May, one thousand eight hun- dred and twenty-eight, and also an act entitled 'An act to alter and amend the several acts imposing duties on imiwrts,' approved on the fourteenth day of July, one thousand eight hundred and thirtj'-two, are unauthorized by the constitution of the United States, and violate the true mettning and intent thereof, and are null, void, anl no law, nor binding upon this State, its ofiiiers or citizens ; and all promises, contracts, and obligations, made or entered into, or to be made or entered into, with {»urpose to secure the duties imposed by the said acts, and all judicial proceedings which shall be hereafter had in affirmance thereof, are and shall be held utterly null and void. " ^ind it is further ordained, that it shall not be lawful for any of the constituted authorities, whether of this State or of the United States, to enforce the payment of duties imposed by the said acts within the limits of this State ; but it shall be the duty of the legislature to adopt such measures and pass such acts as may bo necessa- ry to give full effect to this ordinance, and to prevent the enforcement and arrest the opera- tion of the said acts and parts of acts of the Con- gress of the United States within the limits of tills State, from and after the 1st day of Feb- 298 THIRTY YEARS' VIEW. ruaryncxt, niul the duty of all other constituted authorities, and of all persons residing or bcinp within the limits of this State, and they are hereby required and enjoined to ohcy and give effect to this ordinance, and such acts and niea- surcn of the le{];islature as may be passed or adopted in obedience thereto. " And it is further ordained, that in no >so of law or e(juity, decided in the courts of tuis State, wherein shall be drawn in question the authority of this ordinance, or the validity of such act or acts of the legislature as may be passed for the purjjosc of giving effect thereto, or the validity of the aforesaid acts of Congress, imposing duties, shall anj' appeal bo taken or allowed to the Supreme Court of the United States, nor shall any copy of the record be per- mitted or allowed for that purpose; and if any 8uch ap|)eal shall be attempted to be taken, the courts of this State shall proceed to execute and enforce their judgments, according to the laws and usages of the State, without reference to such attempted appeal, and the person or per- sons attempting to take such appeal may be dealt with ua for a contempt of the court. " And it is further ordained, that all persons now holding any office of honor, profit, or trust, civil or military, under this State (members of the legislature excepted), shall, within such time, and in such manner as the legislature shall prescribe, take an oath well and truly to obey, execute, and enforce this ordinance, and such act or acts of the legislature as may be passed in jiursuance thereof, according to the true intent and meaning of the same ; and on the neglect or omission of any such person or persons so to do, his or their office or offices shall be forth- with vacated, and shall be filled up as if such person or persons were dead or had resigned ; and no person hereafter elected to any office of honor, profit, or trust, civil or military (mem- bers of the legislature excepted), shall, until the legislature shall otherwise provide and direct, enter on the execution of his office, or be in any respect competent to discharge the duties there- of, until he shall, in like manner, have taken a similar oath ; and no juror shall be empannelled in any of the courts of this State, in any cause in whir-h shall be in question this ordinance, or any act of the legislature passed in pursuance thereof, unless he shall first, in addition to the usual oath, have taken an oath that he will well and trul}' obey, execute, and enforce this ordi- nance, and such act or acts of the legislature as nia}'^ be passetl to carry the same into operation ami effect, according to the true intent and meaning thereof. '' And we, the people of South Carolina, to the end that it may be fully understood by th? gov- ernment of the United States, and the people of the co-States, that we are determined to main- tain this our ordinance and declaration, at every hazard, do further declare that wc will not sub- mit to the application of force, on the part of tho federal government, to reduce this State to obedience ; but that we will consider the pas- sage, by Congress, of any act authorizing the employment of a military or naval force against the State of South Carolina, her constitutional authorities or citizens ; or any act abolishing or closing the ports of this State, or any of them, or otherwise obstructing the free ingress and egress of vessels to and from the said ports, or any other act on the part of the federal govern- ment, to coerce the State, shut up her ports, de- stroy or harass her commerce, or to enforce the acts hereby declared to be null and void, other- wise than through the civil tribunals of tlic country, as inconsistent with the longer con- tinuance of South Carolina in the Union ; and that the people of this State will thenceforth hold themselves absolved from all further obli- gation to maintain or preserve their political connection with the people of the otlier States, and will forthwith proceed to organize a sepa- rate government, and do all other acts and things which sovereign and independent States may of right do. " Done in convention at Columbia, the twen- ty-fourth day of November, in the year of our Lord one thousand eight hundred and thirty- two, and in the fifty-seventh year of the decla- ration of the independence of tho United States of America." This ordinance placed the State in the atti- tude of open, forcible resistance to the laws of the United States, to take effect on the first day of February next ensuing — a period within which it was hardly possible fc r the existing Congress, even if so disposed, to ameliorate ob- noxious laws ; and a period a month earlier than the commencement of the legal existence of the new Congress, on \i'hich all reliance was placed. And, in the mean time, if any attempt should be made in any way to enforce the ob- noxious laws except through her own tribunals sworn against them, the fact of such attempt was to terminate the continuance of South Caro- lina in the Union — to absolve her from all con- nection with the federal government — and to establish her as a separate government, not only unconnected with the United States, but uncon- nected with any one State. This ordinance, signed by more than a hundred citizans of the greatest respectability, was officially communi- cated to the President of the United States; and a case presented to him to test his patriot- ism, his courage, and his fidelity to his inaugu- ration oath — an oath taken in the presence of God and man, of Ileavien and earth, " to lake care that the laws of the Union were faithfully executed.''^ That President was Jackson ; and Mm m:-^^' mf ANNO 1833. ANDREW JACKSON, PRESIDENT. 299 consider the pas- 3t authorizing the naval force against her constitutional jr act abolishing or ite, or any of them, c free ingress and the said ports, or the federal govcrn- it up her ports, de- :e, or to enforce the luil and void, other- il tribunals of tlic th the longer con- in the Union; and itc will thenceforth om all further obli- ;erve their political }( the other States, to organize a sepa- jther acts and things ndent States may of Columbia, the twcn- , in the year of our Imndrcd and thirty- li year of the declar of the United States he State in the atti- Itance to the laws of ;ffect on the first day ig — a period within ible fcr the existing sed, to ameliorate ob- ■iod a month earlier f the legal existence 'hich all reliance was time, if any attempt ly to enforce the ob- gh her own tribunals act of such attempt uance of South Curo- Ive her from all con- government — and to government, not only ed States, but uncon- te. This ordinance, ndrcd citiz-ans of the s officially communir the United States; m to test his patriot- Pidclity to his inaugu- ininthe presence of and earth, " to hike Inion were faithfully [nt was Jackson ; and the event soon proved, what in fact no one doubt- r)d that he was not false to his duty, his coun- try, and his oath. Without calling on Congress for extraordinary powers, he merely adverted in his animal message to the attitude of the State, and proceeded to meet the exigency by the exercise of the powers he already possessed. CHAPTER LXXIX. PROCLAMATION AGAINST NULLIFICATION. The ordinance of nullification reached Presi- dent Jackson in the first days of December, and on the tenth of that month the proclama- tion was issued, of which the following are the essential and leading parts : "Whereas a convention assembled in the State of South Carolina have passed an ordinance, by whicli they declare ' that the several acts and parts of acts of the Congress of the United States, purporting to be laws Ibr the imposing of duties and imposts on the importation of foreign com- modities, and now having actual operation and ctl'ect within the United States, aiid more es- pcciall}^ ' two acts for the same purposes, p'assed on the 29th of May, 1828, and on the 14th of July, 1832, 'are. unauthorized by the constitu- tion 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 ordi- nance, 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 legisla- ture 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 or- dinance, or of the acts of the legislature that may be passed to give it effect, or of the said laws of the United States, no appeal shall be allowed to the Supreme Court of the United States, nor shall any copy of the record be permitted or al- lowed for that purpose, and that any person at- tempting 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 saiil 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 goverimient to coerce the State, shut up her ports, destroy or harass her commerce, or to enforce the said acts other- wise than through the civil tribunals of the coun- try, as inconsistent with the longer continuance of South Carolina in the Union ; and that the people of the said State will thenceforth hold themselves absolved from all further obligation to maintain or preserve their political con- nection with the people of the other States, and will forthwith proceed to organize a sepa- rate 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 con- duct 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 j)o- litical 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, equalled 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 tliis my proclamation, stating my views of the constitu- tion and laws applicable to the measuies adopt- ed by the convention of South Carolina, and to the reasons they have put forth to sustain them, declaring the course which duty will require mo 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. " Strict duty would require of me nothing more than the exercise of those powers with which I am now, or may hereafter be, invested, for preserving the peace of the Union, and for the execution of the laws. But the imposing as- pect which opposition has assumed in this case, by clothing itself with State authority, and the deep interest which the people of the United States must all feel in preventing a resort to stronger measures, while there is a hope that any thing will be yielded to reasoning and re- monstrance, perhaps demanded, and will certain- ly justify, a full exposition to South Carolina and the nation of the views I entertain of this important question, as well as a distinct enun- ciation of the course which my sense of duty will require me to pursue. " The ordinance is founded, not on the inde- feasible right of resisting acts which are plainly 300 THIRTY YEAllS' VIKW. uncnnstitntioniil and too oppri'ssivc to he endur- ed, but on tlic stranfre pf»sition that any one State ma}" not only declare an act of Congress void, hut jn'oliihit its execution ; that they may do this consistently with the constitution ; that the true construction of that instrument jwrmits a State to retain its place in the Union, and yet he hoimd by no other of its laws than those it may choose to ccnsider as constitutional. It is true, they add, that t:) justify this abrogation of a liuv, it nnist be palpably contrary to the con- stitution ; but it is evident, that to give the right of resisting laws of that description, coupled with the uncontrolled right to decide what laws ue- serve that character, is to give the {jowcr of re- sisting all laws. For as, by the theory, there is no appeal, the reasons alleged by the State, good or bad, nnist 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 Congress. There is, however, a restraint in this last case, which makes the assumed power of a State more inde- fensible, and which dws not exist in the other. There are two appeals from an unconstitutional act passed by Congress — one to the judiciary, the other to the people and the States. There is no appeal from the State decision in tlicory, 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 fit', or. But reasoning on this subject is superfluous, when our socin.l compact, in express terms, declares that the laws of the United States, its Ciinstitution, and treaties made imder it, are the supreme law of the land ; and, for greater caution, adds ' that the judges in every State shall be bound thereby, any thing in the consti- tution or laws of any State to the contrary not- withstanding.' And it may lie asserted with- out fear of refutation, that no federative govern- ment could exist without a similar provision. Look for a moment to the consequence. If South Carolina considers the revenue laws unconstitu- tional, and has a right to prevent their execution in the port of Charleston, there would be a clear constitutional objection to their collection in everv other port, and no revenue could be col- lected anj' where ; for all imposts must be equal. It is no answer to repeat, that an unconstitution- al law is no law, so long as the question of its Icgalitj' is to be decided by the State itself; for every law operating injuriously upon any local interest will be perhaps thought, and certainly represented, as unconstitutional, and, as has been shown, there is no appeal. " If this doctrine had been established at an earliei- day, the Union would hi ve 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 un- equal in their operation than any of the laws now complained of; but fortunately none of those 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, inste .d of vic- tory and honor, if the States who supposed it a runious and unconstitutional measure, had thought they po.^scssed the right of nullifying the act by which it was declared, and denying supplies for its pro.secution. Hardly and un- equally as thoMj measures bore upon several mendiers of the Union, to the legislatures of none did this efficient and peaceable remedy, as it is called, suggest itself. The discovery of this im- portant feature in our constitiition was reserved to the present day. To the statesmen of South Carolina belongs the invention, and upon the citizens of that State will unfortunately fall the evils of reducing it to practice. "If the doctrine o*'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 {)roof that it would have been repudiated with indignation had it been proposed to form a feature in our government. " In our colonial state, although dependent on another power, we very early considered our- selves as connected by common in;,erest with each other. Leagues were formed for common do- fence, and, before the declaration of indepen- dence, we were known in our aggregate character as the United Colonies of America. That de- cisive and important step was taken jointly We declared ourselves a nation by a joint, not by several acts, and when the terms of our con- federation 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 determinations of Con- gress on all questions which, by that confedera- tion, should be submitted to ihem.' " Under the confederation, then, no State could legally annul a decision of the Congress, or re- fuse to submit to its execution ; but no provi.'^ion was made to enforce these decisions. Congress made requisitions, but they were not complied with. The government could not operate on in- dividuals. 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 doctrine prevail. It was formed for important objects that are an- nounced in the preamble made in the name and by the authority of the people of the United States, whose delegates framed, and whose con- ;! :*■<: \ ANNO 1833. ANDREW JACKSON, PRESIDENT. tlicy had the rifiht ilia. The war, into (jioit the dignity of our citizens, might trace, insted of vic- who supposed it a nal measure, had right of nuHifyiiig clared, and denying 1. Hardly and uu- bore tipon s-everal ; legislatures of none blc remedy, as it is liscovcry of tliis ini- itution was reserved Btatesmen of Soutli ition, and upon the nfortunately fall the ice. e veto upon the laws internal evidence of ,, our constitutional lundant proof that it ed with indignation irra a feature in our though dependent on arly considered our- [lon in-„crcst with each ned for common de- jlaration of indepeu- iir aggregate charaeter i" America. That do- V) was taken jointly lation by a joint, not the terras of our con- form, it was in that ral States, by which uld collectively form I of conducting sonic and all foreign rela- forming that Union declares that • every terminations of Con- 1, by that confedera- te ihcm.' 1, then, no State could the Congress, or re- ion ; but no provision decisions. Congress were not complied uld not operate on in- idiciary, no means of confederation need operation we could ,A. We had neither ;onsideration abroad, not be endured, ami ition was formed, but doctrine prevail. It objects that are an- ■uade in the name and people of the United imed, and whose con- 301 jn ventions approved it. The most important aniDiig these objects, that which is placed first in rank, on which all the others rest, is ' to form a more iwrfect Union.' Now, is it possible that even if there were no express provision giving supremacy to the constitution and laws of the I'liited States over those of the States — can it III' conceived that an instrument made for the |)tiil)()se of ' forming a more perfect Union' than tliat of the confederation, could be so construct- ed by the assembled wisdom of our country, as to substitute for that confederation 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 understanding, 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 calculated to destroy it. "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 constitution 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 appeal, when a State tribunal shall decide against this provision of the consti- tution. 'J'he ordinance declares there shall be jio ajipcal ; makes the State law paramount to the constitution and laws of the United States ; I'lprct's judges and jurors to swear that they will disregard their provisions; and even makes it ])t'iial in a suitor to attenqit relief by appeal. It huther declares that it shall not be lawful for the authorities of the United States, or of that State, to enforce the payment of duties imposed Dy the revenue laws within its limits. " Here is a law of the United States, not even pretended to be unconstitutional, repealed by the authority of u 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 or- dinance 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 L'uion, if any attempt is made to execute them. " This right to .secede is deduced from the na- ture of the constitution, which, they say, is a compact between sovereign States, who have pre- served their whole sovereignty, and, therefore, are subject to no superior ; that, because they made the compact, they can break it when, in their opinion, it has been departed from, by the other States. Fallacious as this course of rea- soning is, it enlists State piide, and finds advo- cates in the honest prejudices of those who have not studied the nature of our government suffi- ciently to see the radical error on which it rests. " The people of the United States formed the constitution, acting through the State legisla- tures in making the compact, to meet and discuss its provisions, and acting in separate conventiona 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. Hero the States have no other agency than to direct the mode in which the votes shall bo given. Candidates having the majority oi all the votes are chosen. The electoi m of u majority of 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 Representatives, there is this difference: that the people of one State do not, as in the case of President and Vice-Presi- dent, all vote for the same ofiiceiH. The people of all the States do not vote for all the members, each State electing only its own repivsentatives. But this creates no material distinction. AVhen chosen, they are all representatives of the United States, not rejiresentatives 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- formance of their legislative functions ; and however they may in practice, as it is their duty to do, consult and prefer the interests of their particular constituents, when they come in conflict with any other partial or local interest, yet it is their first and highest duty, as repre- sentatives of the United States, to promote the general good. " The constitution of the United States, then, forms a government, not a league ; and whether it be formed by compact between the States, or in any other manner, its character is the same. It is a government in which all the people are represented, which operates directly on the peo- ple individually, not upon the States — they re- tained all the power they did not grant. But each State, having expressly parted with so many powers as to constitute, jt/intly with the other States, a single nation, cannot, from that period, possess any right to secede, because such secession does not break a league, but de- stroys the unity of a nation ; and any injury to that unity is not only a breach which would re- sult from the contravention of a compact, but it is an offence against the whole Union. To say that any State may at pleasure secede from the Union, is to say that the United States are not a nation ; bed^use it would be a solecism to con- tend that any part of a nation might dissolve its connection with the other parts, to their injury or ruin, without committing any offence. Seces- sion, like any other revolutionary act, may be morally justified by the extremity of oppression ; but, to call it a constitutional right, is confound- ing 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. 302 THIRTY YEARS' VIEW. 'i ''III iiilliilli jiiiiii hi H ^ililitiili! " Follow-citizcns of my native State, let me not only admonish you, as the First IMagistratc 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 paternal language, with that paternal feeling, let me tell you, my coun- tiymen, that you are deluded by men who are eitlier deceived themselves, or wish to deceive {'^ou. Mark under what pretences you have been ed on to the brink of insurrection and treason, on which j'ou 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 efrcct of those laws was confessedly in- jurious, but the evil was greatly exaggerated by the unfounded theory you were taught to believe, that its burdens were in proportion to your ex- ports, not to your consumption of imported articles. Your pride was roused by the assertion that a submission to those laws was a state of vassalage, and that resistance to them was equal, in patriotic merit, to the oppositions our fathers offered to the oppressive laws of Great Britain. You were told tfiis opposition might be peace- ably, might be constitutionally made ; that you might enjoy all the advantages of the Union, and bear none of its burdens. Eloquent appeals to your piissions, 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 complacency 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 inevitably lead ! Look back to what was first told you as an in- ducement to enter into this dangercus course. Tlie great political truth was repeated to you, that you had the revolutionary right of resisting all laws that wee palpably unconstitutional and intolerably oppressive ; it was added that the right to nullify a law rested on the same prin- ciple, but that it was a peaceable remedy ! This character which was given to it, made you re- ceive with too much confidence the assertions that were made of the unconstitutionality of the law, and its oppressive effects. Mark, my fellow- citizens, that, by the admission of your leaders, the unconstitutionality must be palpable, or it will 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 ordipary intellect will fail to perceive. Is the unconstitutionality of these laws of that description ? Let those among your leaders who once approved and advocated the principle of protective duties, answer the question ; and let them choose whether they will be considered as incapable, then, of perceiving that which must have been apparent to every man of common understanding, or as imposing upon your confl dence, and endeavoring to mislead you now. In either case they are unsafe guides in the perilous path they urge you to tread. Pondci well on this circumstance, and yon will know how to appreciate the exaggerated language they address to you. They are not champions of liberty emulating the fame of our revolution- ary fathers ; nor are you an oppressed people, contending, as they repeat to you, against worse than colonial vassalage. " You are free members of a flourishing and happy Union. There is no settled design to oppress you. You have indeed felt the unequal operation of laws which may have been unwisely, not unconstitutionally passed ; but that ine- quality must necessarily be removed. At the very moment when you were madly urged on to the unfortunate course you have begun, a change in public opinion had commenced. Tlie 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 impor- tance of this change was underrated, and you were authoritatively told that no furtner allevi- ation of your burdens was to be expected, at tlie 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 ajjprehensive if the efl'cct of this change in allaying your discontents, you were precipitated into the fearful state in which you now find yourselves. " 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 dis- organizing edict of its convention; bid its mem- bers to reassemble, and promulgate the decidi-d expressions of your will to remain in the path which alone can conduct you to safety, prosperity and honor. Tell them that, compared to dis- union, all other evils are light, because tliat brings with it an accumulation of all. Declare that you will never take the field unlctss the star-spangled banner of your country shall float over )'^ou ; that you will not be stigmatized when dead, and dishonored and scorned while you live, as tl.u authors of the first attack on the constitution of your country. Its destroyers you cannot 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 eteriuil blot on the memoiy of those who caused the disorder. " Fellow-citizens of the United States, the threat of unhallowed disunion, the names of those, once respected, by whom it is uttered, ANNO ie.l3. ANDREW JACKSOX, PRESIDKNT. 303 y man of coininon g upon yotir confl miBlead you now. safe guides in the to tread. Pondei nd you will know iggerated language are not champions B of our revolution- i oppressed people, > you, against worse if a flourishing and settled design to ced felt the unequal have been unwisely, 5cd ; but that ine- j removed. At the ere madly urged on you have begun, a d commenced. The t of the public debt, ity of a diminution uced a considerable )n some articles of ir State. The impor- underrated, and you tiat no further allevi- to be expected, at the ition of the country ;h a modification of e them to a just and apprehensive if the ying your discontents, the fearful state iu Ives. honor their memory ; ;edom, to which they )u prize the peace of its best citizens, and retrace yOur steps. f your State the dis- ention ; bid its mem- omulgate the decided ;o remain iu the path a to safety, prosperity lat, compared to dis- e light, because that ation of all. Declare the field unless the lur country shallfloat t be stigmatized when 1 scorned while you ! first attack on the itry. Its destroyers disturb its peace, you of its prosperity, you for stability, but its id, its prosperity will . its national character ■main an eternal blot lio caused the rties of the citizeuH can no longer receive protection from the go- vernment of the Union. They not only abro- gate the acts of Congress, commonly called the tariff acts of 1828 and 1832, but they prostrate and sweep away, at once, and without exception, every act, and every part of every act, imposing any amount whatever of duty on any foreign nu'rchandise ; and, virtually, every existing act ■,vhich has ever been passed authorizing the col- lection of the revenue, including the act of 1810, and, also, the collection law of 1799, the consti- tutionality of which has never been questioned. It is not only those duties which are charged to have been inqiosed for the protection of manu- factures that are thereby repealed, but all others, though laid for the purpose of revenue merely, and upon articles in no degree suspected of being objects of pidtection. The whole revenue sys- tem of the United States, in South Carolina, is obstructed and overthrown ; and the govern- ment is absolutely prohibited from collecting any part of the public revenue within the limita of that State. Ilencefortli, not only the citizens of South Carolina and of the Unite'* "States, but the subjects of foreign ftates, may .iinr llu> milliority of till' Stiitc, soii'iiiiily assiit llicir ri>rlit (o ilo fiflicr, niKJ MS .Koli'innly aimoimcf tlnir di'turiiii- nntioii to i|o otic or t!ii' utlur. "Ill iiiv ii|iiniciii, Itoth |Hir|ios('s niv to lie ri'- par.icil IIS rcvoliitioiiiirv in llicir oliaractcv and tondnicv . :iM(! ^iil>\crsivc of llic finprcniacy of tlic law-i :iii(| of flic iiifcfirify of flic I'liion. Tiic rcsiili of cacli is tlic same ; Hinco n Stafc in wliicli, l)v a iHurpation of power, the conHtitii- tional aiilliority of the federal government in 0|>ciily (Iclicd and set aside, wants only tlie form to he independent of the Tnioii. "The ripht of the people of n ninjile State to absolve llieiiisclvcs at will, and without the consent of the other States, from flieir most Bolemn olili;;ations, and hazard the liberties and happiness of the millions composing this I'nion, cannot be ncknowlcdfred. Such authority is believed to bi- lift rly repiij;imnt both to the principles npoii which the general government IS con -titiited, and to the objects which it is ex- pressly formed to attain. "Against all acts which may be alleged to transcend the constitutional power of the gov- ernment, or w liicli may be inconvenient or op- pressive in their operation, the constitution it- self has prescribed the modes of reilress. It is the acknowledged attribute of free institutions, that, uinlcr them, the cmpiR' of reason and law is substituted for t!ie jiower of the sword. To no other souive can appeals for supposed wrongs be made, consistently with the obligations of South Carolina ; to no other can such apjKvils bo made with safity at any time ; and to their decisions, when ciuistitutionally pronounced, it becomes the duty, no less of the public authori- ties than of the people, in every case to yield a patriotic submission. " In deciding upon the course which a high sense of duty to all the people of the United St^ites imposes upon the authorities of the Union, in this emergency, it cannot be ovor- looked that there is no sutlicient cause for the acts of South Carolina, or for her thus placing In jeopardy the happiness of so many millions of people. Misrule and oppression, to warrant die disruption of the frev institutions of the Cnion of these States, six uld be great and last- ing, defying nil other rcr,iedy. For causes of minor character, the government could not sub- mit to such a catastroj)he without a violation of its most sacred obligations to tlie other States of the Union who have submitted their destiny to its hands. '"There is. in the prc.^-ent instance, no such cause, either in the degree of misrule or oppres- sion complained of, or iu tlic l,ojxMessness of re- dress by constitutional means. The long sanc- tion they have received from the proper author- ities, and from the people, not less than the un- exampled growth and increasing prosperity of so man}- millions of freemen, attest that no such oppression as would justify or even palliate such a resort, can be justly imputed either to the preseiii policy or past measure.s «)f the fede- ral govemniciit. The same mode of colli>ctinp duties, and fm' the same general objectw, whien licgan with the fomidation of the goverrrnrnt, and which has condiicfcfl the country, through its subsccpieiif steps, fo its jireseiit t'nviablecon ditioii of hap|iincss and ivnown, liaH not been changed. Ta.xation and representation, the givat principle of the American Hevohition, have continually gone hand in band ; and at all times, and in every instance, no tax, of any kind, has been imposed without their participation; and in some instances, which have been coinplained of, with the express as.sent of a part of the rep- resentatives of South Carolina in the councils of the government. I'p to the present jieriod, no revenue has been raised beyond the necessa ry wants of the country, and the authorized ex- penditures of the government. And as soon as the burden of tlio public debt is removed, those charged with the administration have pronijifly recommended a corresponding reduction of rev- enue. "That this system, thus piuflue*!, has resulted in im such oppressiotj upon South Carolina, needs no olhei' proof than the solemn andofliciii! declaration of the late Chief ^lagistiiite of that State, in his address to the legislature. In that he says, that ' the occurrt'uces of the past year. in connection with our domestic concerns, uiv to be reviewed w ith a sentiment of fervent gra- titude to the (Ireat Disposer (»f human events; that tributes of grateful acknowledgment ari> due for the various and mtdtiplied blessinirs ho has been pleased to bestow on our jn'ople ; that abundant harvests, in every quarter t)f the State, have cmwned the exertions of agricultural labor ; that health, almost beyond Conner precedent, has bles.sed our homes ; and that there is not less reason for thankfidness in surveying our social condition.' I mid, indeed, be difficult to imagine oppres.Mon where, in the social con- dition of a peojile, there was equal cau.se of thankfulness as for abmidant harvest.'', and varied and multiplieil blessings with which a kind Pro- vidence had favored them. " Independently of these considerations, it will not escape ob.scrvation that South Carolina still claims to be a component part of the Union, to participate in the national councils, and to share in the public benefits, without contributing to the public burdens; thus asserting the danger- ous anomaly of continuing in an association without acknowledging any other obligation to its laws than what depends upon her own will. " In this posture of afl'airs, the duty of the goveinment seems to be plain. It inculcates a recognition of that State as a member of tlie Union, and subject to its authorit)' ; a vindica- tion of the just power of the constitution ; tbe preservation of the integrity of the Union ; ami the execution of the laws by all constitutional means. " The constitution, whicli bi6 oath of offi« ANNO 1h;iS. ANDUKW JACKSON, PRFJ^IDKNT. 307 imi((\ti>(l fit^T to inntU' of coJU-ctine •ral (lUji'otK, wl»H'l> ,f tlic poviTrmciit, . roiintry, throuiih csi'iit I'nvinbic con i.wn. hn« ""<• ''•■•'" ptniTScntiition, the im lU'Vt)l"tion,havi! Ill ; niul at uU tiiiicx, IX. of nny kind, has • imrticipntUm ; and vo U'cw coin|»liuiu(l ,f n imrt of l»»t« ri])- Viiia in tho ('(mncils the iirt'ccnt iwriod. luvonil tho m'cosca- ,1 tho luithorizod cx- .nt. And uk noon as "lit is ri'tnovi'd, tl\osc ntion have iiromittly ing Induction of rtv- pin MU'd. hnB ri-suUete of Hint I. U'^islatm-o. In that Mii-i's of the raf«l year, lomostic cont'oru!*. «iv .tiuKHt of forvont p-a- wiT of hmnan ovcntf ; mUnowU'dtiniont arc uultirlii'd l.U>ssim:s he rt-ononr iH; that ,.V(iuartori.f the State. V'of aiiricultural hil»or ; 31,(1 fonner precedent. and that there is not Ik-s^s in surveying our lid, indeed, be difficult lore, in the social con- L' Avaa eqiml cause ol Lt harvests, and varied ,vith which a kind Pro- le considerations, it wiU lilt South Carolina still : part of the Union, to ,1 councils, and to share ithout contributini; to s asserting the danjicr- 'iihiK in an association any other obbpation o nds upon her own ^^•.. 'iflair8,the duty of the plain. It inculcates a as a member ot the IS authority, a vi'wl'ff If the constitution ; tho Irityof thcUnion-,/"' ^vs by all constitutional Licb his oath of offi« ijWiKOd him ♦,o mipport. declares that the Kxecu- tive ' shall take laro tjial the laws lie fuithriiliy executed;' anil, in pnividiii^ tlial lie shall, iKHn time to time, j^ivi- to ConjiiesH iiifoiiiuitioti of the state of the riiion, and reeoninieud to their cii!i>ideratioii such measures uh he shall .jud^e nei-essary and expedient, iiii|H>si'H (he additional ohiipitioii of ivcDiiimeiidin;; to ('oiinn-ss such more '.'(lleieiit jiruviwioii for exirutinn the laws lis may, from ti le to time, he found re(|uisite. '•It heiii^; (Iiuk shown to he the duty of (he Kxi'cutive to e.veciite llie law.s by all eoiinlitu- tiiMial meuiH, >i, remains to con.sider the extent of those alriMdy at his disposal, and what it may he proper f-uther to provide. •• 111 tli<> instructions of the Secretary of the Tn>asiiry to the eolleetors in South Carolina, the jimvisions and re;;uIatioiis made by the act , and also the lines, penalties, and forfeitures, for tiieir eiiloreenieiit, are particularly detailed mid explained. It may be well apprehended, tiowever, that these provisions may prove inad- cijuate to meet sueh an open, powerful, ornanizeil opiiosition as is to be commenced after tlie first (liiy of February next. •• I'lider these circumstances, and the provi- sions of the acts of South Carolina, the execution of the laws is rendered impracticable even tliroupih the ordinary judicial tribunals of the (lilted States. There would certainly be fewer (lilllculties, and less opportunity of actual colli- sion between the oflicers of the United States Rud of the State, and the collection of the revenue would be more ed'ectually .secured — if indeed it can lie done in any other way — by placing the custom-house beyond the immediate jKiwer of tiie county. " For this purpose, it might be proper to pro- vide that whenever, by any unlawful combination or obstruction in any State, or in any port, it should become impracticable faithfully to collect the duties, tlic President of the United States should be authorized to alter and abolish such of the districts and ports of entry as should be necessary, and to establish the custom-hou.se at some .secure place within some port or harbor of such State ; and, in such ea.ses, it should be the duty of the collector to reside ut such place, mid to detain all vessels and cargoes until the duties imposed by law should be properly se- cured or paid in cash, deducting interest ; that, in such cases it should be u.ihuvful to take the vessel and cargo from the custody of the proper officer of the customs, unless by process from the ordinary judicial tribunals of the United States ; and that, in case of an attempt otherwise to take the property by a force too great to be overcome by the olHcers of the customs, it should be lawful to protect tlu possession of the officers by the employment of the land and naval forces, and militia, under provi.sions similar to those authorized by the 11th section of the act of the ninth of January, 1809. "It may, therefore, be desirable to revive, with some modifications better adapted to the occasion, the Oth seetifin of tlio act of the .^d of .March, IK IT), which expired on thetthof March. IHI7. bv the limitation of that of the l>7lh of Aiiril, IKI(i; and to {irovide that, in aiiv caso wliere suit shall lie broii);ht against any indivi- dual in the courts of the Slate, for any act done under the laws of the United Stales, he should be authorized to remove tin- naid cause, by |)eti tion, into the Cir(!uit Court of the United States, without any copy of the record, and that the courts should proceed to hear and determine the .same as if it had been originally instiluley It was taken "P received a very F^ the reporter, who lancial history of the and stated that- " During the la.«t .«ix years, an annual average income of 27,000,000 of dollars had been re- ceived ; the far greater part from the customs. That tills sum had been appropriated, the one half towards the necessary expenses of the go- rernment, and tlic other half in the payment of the public debt. In reviewing the regular calls upon the treasury, during the last seven years, for the civil, naval, and military departments of the government, including all ordinary contin- gencies, about 13,000,000 of dollars a year had been expended. The amount of 13,000,000 of dollars would Fcem, eveti now, sufficient to cover tlie standing nca-ssaiy expenses of government. A long delayed debt of public justice, for he would not call it bounty, to the soldiers of the lU'vchition, had added, for the present, .^ince it could be but for a few j'ears only, an additional annual million. Fourteen millions of dollars then covered the necessary expenditures of our government. But, however rigid and economi- cal we ought to be in actual expenditures, in providing the pources of the revenue, which niifiht Iw called upon for unforeseen contingen- cies, it was wise to arrange it on a liberal scale. This would be done by allowing an additional million, which would cover, not only extra ex- ponses in time of peace, but meet those of Indian warfare, if such should arise, as well as thosii of increased naval expenditure, from tem- [loiary collisions with foreign powers, short of permanent warfare. We are not, therefore, jus- tifiable in ra'~ing more than 15,000,000 dollars a3 a permanent revenue. In other words, at least 13,000,000 dollars of the revenue that would have been collected, under the tariff sys- tem of 1828, may now be dispensed with ; and, in yeard of great importation, a much larger sum. The act of last summer removed a large po'tion of this excess ; yet, taking the importa- tion of the last year as a standard, the revenues derived from that source, if calculated according to the act of 1832, would produce 19,500,000, and, with the other sources of revenue, an in- come of 22,000,000 dollars. This is, at least^ seven millions above the wants of the treasury." This was a very satisfactory statement. The public debt paid off; thirteen millions (the one half) of our revenue rendered unnecessary ; its reduction provided fi3r in the bill ; and the tariff or duties by that reduction brought down to the standard subtantially of 1816. It was carrying hack the protective sj'stem to the year of its commencement, a little increased in some parti- culars, as in the article of iron, but more than compensatea for, in this increase, in the total abolition of the minimuma, or abritrary valua- tions—first introduced into that act, and after- wards greatly extended— by which goods costir}, below a certain sum were to be assumed to have cost that sum, and rated for duty accordingly. Such a bill, in the judgment of the practical and experienced legislator (Generp! Smith, of Mary- land, himself a friend lo the mnaufacturing in- terest), was entirely suffic'nnl for the manufac- turer — the man engaged in the business, and un- derstanding it — though not sufficient for ho capitalists who turned their money into that channel, under the stimulus of legislative pro- tection, and lacked skill and care to conduct their enterprise with the economy which gives legiti- mate profit ; and to such real manufacturers, it was bound to be satisfactory. To the great op- ponents of the tariff (the South Carolina school), it was also bound to be satisfactory, as it carried back the whole system of duties to the standard at which that school hac' tixed them, with the great amelioration of the total abolition of the arbritrary and injurious minimums. The bill, then, seemed boimd to conciliate every fair inte- rest: the government, because it gave all the revenue it needed ; the real manufacturers, be- cause it gave them an adequate incidental pro tection ; the South, because it gave them their own bill, and that ameliorated. A prompt pa.s- sage of the bill might have been expected ; on the contrary, it lingered in the House, under in- terminable debates on systems and theories, in which ominous signs of conjunction were seen between the two extremes which had been 1 tely pitted against each other, for and against the protective system. The immediate friends of the administration seemed to be the only ones hearty in the support of the bill ; but they were no match, in numbers, for those who acted in concert against it — spinning out the time in ste- rile and vagvnnt debate. The 25th of February had arrived, and found the bill stir afloat upon the wordy sea of stormy debate, when, all of a sudden, it was arrested, knocked over, run un- der, and merged and lost in a new one which expunged the old one and tu> c its place. It was late in the afternoon of that day (Monday, the 25th of February), and within a week of the end of the Congress, when Mr. Letcher, of Ken- tucky, the fast friend of Mr. Clay, rose in his place, and moved to strike out the whole Ver- plank bill — every word, except the enacting clause — and insert, in lieu of it, a bill offered in the Senate by Mr. ( ay, since called the "com- promise," and which lingered at the door of the Senate, upon a question of leave for its admit* 2 310 THIRTY YEARS' VIEW. ■ I < . tance, and opposition to its entrance there, on account of its revenue character. This was of- fered in the House, without notice, without sig- nal, without premonitory symptom, and just as the members were preparing to adjourn. Some were taken by surprise, and looked about in amazement ; but the majority showed conscious- ness, and, what was more, readiness for action. The Northern members, from the great manu- facturing States, were nstounded, and asked for delay, which, not being granted, Mr. John Davis, of Massachusetts, one of their number, thus gave vent to his amazed feelings : "He was greatly surprised at the sudden movement made in this House. One short hour ago, said he, we were collecting our papers, and putting on our outside garments to go home, when the gentleman from Kentucky rose, and proposed to send this bill to a Committee of the Whole on the state of the Union, with instruc- tions to strike it all out, and insert, by way of amendment, an entire new bill, formed upon entirely different principles; yes, to insert, I believe, the bill which the Senate now have un- der consideration. This motion was carried; the business has passed through the hands of the committee, is now in the House, and there is a cry of question, question, around me, upon the engrossment of the bill. Who that was not a party to I'Js arrangement, could one hour ago have credited this ? We have, I believe, been laboriously engaged for eight weeks upon this topic, discussing and amending the bill which has been before the House. Such obstacles and difficulties have been met at every move, that, I believe, very little hope has of late been enter- tained of th*^ passage of any bill. But a gleam of light has suddenly burst upon us ; those that groped in the dark seemed suddenly to see their course; those that halted, doubted, hesitated, are in a moment made firm ; and even some of those that have made an immediate abandonment of the protective system a sine qua non of their approbation of any legislation, .seem almost to favor this measure. I am obliged to acknowl- edge that gentleman have sprung the proposition upon us at a moment when I did not expect it. And as the measure is one of great interest to the people of the United States, I must, even at this late hour, when I know the House is both hungry and impatient, and when I per- ceive distinctly it is their pleasure to vote rather than debate, beg their indulgence for a few minutes while 1 state some of the reasons which impose on me the < ont^mpt? And did not on of that comprouuse, La practical illustration anthropic spirit of coft dcscension to save the Union. Your folly and ^ our imbecility was treated as a jest. It has already been said that this law will be no more binding than any other, and may be altered and modified at pleasure by any subsequent legisla- ture. In what sense then is it a compromise ? Does not a compromise imply an adiustmcnt on terms of agreement ? Suppose, the ^ that South Carolina should abide by the com; i'omise while she supposes it beneficial to the tariff" States, and injurious to her; and when that period shall close, the friends of protection shall then pro- pose to re-establish the system. What honor- able man, who votes for this bill, could sustain such a measure ? Would not South Carolina say, you have no right to change this law, it was founded on compromise ; you have had the bene- fit of your side of the bargains, and now I de- mand mine ? Who could answer such a declara- tion? If, under such circumstances, you were to proceed to abolish the law, would not South Carolina have much m yie just cause of complaiut and disaffectioii than she now has ? " It has been said, we ought to legislate now, because the next Congress will be hostile to the tariff. I am aware that such a sentiment has been industriously circulated, and we have been exhorted to esca[)e from the hands of that body as from a lion. But, sir, who knows the senti- ments of that body on this question ? Do you, or does any one, possess any information which justifies him in asserting that it is more unfriend- ly than this House ? There is, in my opinion, little known about this matter. But suppose the members shall prove as ferocious towards the tariff" as those who profess to know their opinions represent, will the passage of this bill stop their action ? Can you tie their hands ? Give what pledges you please, make what bar- gains you may, and that body will act its plea- sure without respecting them. If you fall short of their wishes in warring upon the tarifij they will not stay their hand ; but all attempts to limit their power by abiding conij.romises, will be considered by them as a stimulus to act up- (u the subject, that they may manifest their dis- approbation. It seems to me. therefore, that if the next Congress is to be feared, we are pur- suing the right course to rouse their jealousy, and e.vci'e them to action. "Mr. Speaker, I rose to express my views on this very important question, I regret to say, without the slightest preparation, as it is drawn before us at a very unexpected moment. But, as some things in this bill are at variance with the principles of public policy which I have uni- formly maintained, I could not sufi'er it to pass into a law without stating such objections as have hastily occurred to me. •'Let me, however, before sitting down, be un- ikTstood on one point. 1 do not object to a rea- jonablc adjustment of the controversies which ixist. 1 have said repeatedly on this floor, that 1 would go for a gradual reduction on protected irticlus; but it must be very gradual, so that no violence shall be done to business ; for all re duction is necessarily full of hazard. My objec- tions to this bill are not so much ngamst tho first seven years, for I would take the conse- quences of that experiment, if the provisions be- yond that were not of that fatal character which will at once stop all enterprise. But I do ob- ject to a compromise which destines the Ea.st for the altar. No victim, in my judgement, is required, none is necessary ; and yet you pro- pose to bind us, hand and foot, to pour out our blood upon the altar, and sacrifice us as a burnt offering, to appease the unnatural and unfounded discontent of the South j a discontent, I fear, having deeper root than the tariff, and will continue when ttiut its forgotten. lam far from meaning to use the language o^ menace, when 1 say such a compromise cannot endure, nor can any adjustment endure, which disregards the in- terests, and sports with the rights of a large portion of the people of the United States. It has been said that we shall never reach the low- est point of reduction, before the country will become satisfied of the folly of the experiment, and will restore the protective policy ; and it seems to me a large number in this body act under the influence of that opinion. But I cannot vote down my principles, oh the ground that some one may come after me who will vote them up." This is one of the most sensible speeches ever delivered in Congress ; and, for the side on which it was delivered, perfect ; containing also much that was valuable to the other side. The dan- gers of hasty legislation are well adverted to The seductive and treacherous nature of compro mise legislation, and the probable fate of the act of legislation then so called, so pointedly foretold, was only writing history a few years in advance. The foUy of attempting to bind future Conf^resscs by extending ordinary laws years ahead, with a prohibition to touch them, was also a judicious reflectioK, soon to become history ; while tho fear expressed that South Carolina would not be satisfied with the overthrow of the protective policy — ^'' that the root of her discontent lay deeper than the tariff, and woxdd continue when that wae forgotten " — was an apprehen- sion felt in common with many others, and to which subsequent events gave a sad realization. But all in vain. The bill which mr.de its first appearance in the House late in the evening, when members were gathering up their over- coats for a walk home to their dinners, was pass- ed before those coats had got n the back ; and the dinner which was waiting had but little time to cool before the astonished members, their work done, were at the table to eat it. A bill i.:'m iV i 312 THIRTY YFAUS' VIKW. without itn'ocdinl, in the itiiiiuLs of our U'gislii- tion,aiul |iroti'ii(liii(; to liio sanctity of a com- promise, ant I to Hcltle (Xivnt (niostioim forever, wont tl>ron{jh to its consummiuion in the fnij^- ment of tin eveninj; session, williout tiie coniph- ance with any form which e.\|»crience and jiar- liamvntary hiw have ficvised for the safety of K'j^isiation. Tliis evasion of all salutary forms was elfected under the idea of an amendment to a hill, though the substitute introduced was an entire hill in itself, no wayaincndinj; the other, or even conneclin>!; with it, hut ruhhiu};; it all out from the eimclin;; clause, and suhstituting a new hill entirely foreign, inconsistent, and in- congruous to i(. The proceeding was a gross pcrvci-sion of the idea of an amendment, whicli always imi)lies an improvement and not a de- struction of the hill lo lie amended, liut there was a majority in waiting, ready to consumnuito what had been agreed upon, and the vote was immediately taKcii. and the suhstitnle passed — H)5 to 71 : — till' mass cf the manufacturing in- ten-st voting against it. And this was called a "compromis"," a species of arrangement hereto- fore always considered as founded in tl-.o mutual coiiteut « if adversaries — an agreement hy which contending parl'cs voluntarily settle disputes or questions. IJut hero one of the parties dissent- ed, or rather was never asked for assent, nor had any knowledge of the compromise by which they were to he bound, until it was revealed to tlieir vision, and executed iipon their consciences, in the style of a sur|)rise from a vigilar.t foe up- on a sleeping advers,\ry. To call this a '" com- promise" was to make sport of language — to hnrlesquo misfortune — to turn force into stip- ulation — and to confound fraud and violence w"th concession and contract. It was hke call- ing the rajH; of the Ilomans upon the Sabine women, a marriage. The suddenness of the movement, and the want of all time for reflection or concert — even one night for private coiunm- nion — led to the most incongruous association of voters — to such u mixtui-e of persons and par- ties as had never been seen confounded together before, or since : and the n-ading of which nnist be a puzzle to any nuvn actjuainted with the po- litical actors of that day, the unravelling of which would set at dcfiaucu both his knowledge and his ingenuity. The following is the list — the voters with Mr. Clay, headetl by Mr. Jlark Alexander of Virginia, one of hiix stiflbst oppon- ents: the voters against him, headed hy Mr. Jolir Quincy Adams, for eight years past his indis- .soluble colleague in every system of policy, in every measure of jiuhlic conceni, and in every enterpri.se of political victory or defeat. Here is the list! YicAs. — Messrs. Mark Alexander, Chilton Al- Ian, Robert Allen, John Anderson, William (J. Angel, William S. Archer, John S, harbour, Daniel K. Harriiiger, James ]iatcH, John Bell, John T. Bergen, Laughlin Bethunc, James Blair, •lohn Blair, Katlilf Boon, Joseph Boiick, Thcmiai T. Bouldin, John Branch, Henry A. BnllanI, Churchill C. Canibreleng, John Carr, Jo.scph W. Chimi, Nathaniel H. Claiborne, Clement C. (May, Augustin S. Clayton, Richard Coke, jr., Ileniy W. (^(mnor, Th»miaH Corwin, Uicliara t'oulter, Robert Craig, William Cn-ighton, jr., Henry Daniel, Thomas Davenport, Warren K. Davis, I'lysses F. Doubleday, Joseph Drajwr, John M. Felder, James Fin 1 1 .•(Uiy Mr. JoliT [Mint his iiidis- II of jjolicy, in 1, and in «viry k'fciit. IIl'I'c is ler, Cliilton Al- ien, WiUiain (I. Iiii S. Warbour, itcH, .'olin lii'll, no, .FniiK'S Blair, 1 Houck, Thomas iiry A. Hiillanl, ,n Onrr, .loscith iriie, Olomcut 0. ichartl Coke, jr.. Uovwiu, Uichard n Oivinhton, jr., I port, Warren U. JoHL'iih DrajH-r, ly, William Fitz- (JilnK.re, William kVilliam Hull ')<)- [awes, Micajah T. %>rnelius Holland, Howard, Henry Jacoh 0. IwuR's, lifer, Uichard M. cjih .Johnson, Ed- s Kerr, Henry (i. Jdseidi Lecomi''*;) I. Lewis. t'hitUn- la, .lohn Y. Mason, ' ^hl.\well, Unfu" iniis Newton, Wil- iitton, Franklin E. '.bralumi Uenclur. ] Charles S. Sewall. Itino H. Shepperd, lard,.! esse Speight, iStanlierry, Jauies Wiley Thompson, [rompkins, IMiineiis lian C. Virplanik, hinjjton, James M. inisha Whittlesey A. Wickliffe, Jolm Idams. Heman Al- 1 Apideton, Thomas Lk, John Hanks. ] Barstow, Thonia* lehard M. Coopoi ll. Crawford, .lohn |ry A. S. Dearhorn, [irt, -Tohn Dickson, W Evans, .loslniu (lee Everett, (ieoii;'' [illiani Heister, M' Hunhes, .Jahez « Kalph I. Ingersol Ling, Humphrey U Learitt, Robert McCoy, Thoinns M. T. JIcKen- niin. .John J. Millipian, Ifeiiry A. MnhlenherR, Jeremiah N 'son, Dntee .1. I'earce, Kdnmnd H. IVndletiin, Job I'iersoii, David I'otts, Jr., James F. Randolph, John Heed, Edward C. Heed, Wil- liam Slade, Nathan Snule, William L. Storrs. Joel H. Sutherland, .John W. Taylor, Samnel F. Vint(m, Daniel Wardwell, .Fohn G. Wat- iiiotigh, (Irattan H, Wheeler, Frederick Whit- lli'sey, Ebonezer Young. I'liin by lie sml- OH AFTER LXXXIT. KEDUCTION OF DUTIKS.— MR. CLAV8 lilLL. On the 12th of February Mr. Clay asked leave to introduce a bill for the reduction of duties, styled by liim a "compromise" measure ; and prefaced the question with a speech, of wliich the following are parts : " In presenting the modifl(m,tion of the tariff laws which I am now about to submit, I have two great objects in view. My first object looks to the tariff. I am ccmipellcd to express the opinion, formed after the nutst deliberate rcllection, and on a full survey of the whole roiintry, that, whether rightfully or wrongfully, the tariff stands in imminent danger. If it should even be preservid during this session, it nnist fall at the next session. By what cir- nunstancos, and through what causes, has arisen the necessity for this change in the policy of our oonntry, I will not pretend now to elucidate. Others there arc who may differ from the im- pressions which my mind has received upon this point. Owing, however, to a variety of concur- rent causes, the tariff, as it now exists, is in im- minent danger ; and if the system can be pre- served l)cyond the next session, it must be by some means not now within the resu'h of human i;iij;acity. The fall of that policy, sir, would be productive of consequences en I m nitons indeed. When 1 look to the variety ot interests which arc involveioii than at the next. I heard, with sur|)rise, my frieini from Mas.sachusctts say that nothing had occurred within the last six months to increa.sc its hazard. I entreat him to review that opinion. Is it correct? Is the is.sue of numerous elec- tions, including that of the highest officer of iho government, nothing ? Ts the explicit i-ecom- mendati»m of that officer, in his message at tho ojH'ning of the session, sustained, as he is, by a recent triumphant election, nothing ? Is his de- claration in his ])roc!amati()n, that the burdens of tho South ought to be relieved, nothing ? Is the introduction of the bill in the House of Rep- resentatives during this session, sanctioned by the head of the treasury and the administration, prostrating the greater part of the manufactures of the country, nothing? Are the increasing discontents, nothing ? Is the tendency of w- cent events to miitc the whole South, nothing? What have we not witnes,sed in this (;hamber? Friends of the administration bursting all the ties which seemed indissolubly to unite Iheni to its chi«f, and, with few exceptions south of the Potomac, opposing, and vehemently oppos- ing, a favorite measure of that administralitm, which thri'e short months ago they contributecl to establish ? Let us not deceive ourselves. Now is the time to adjust the (juestion in a manner satisfactory to both parties. Put it off until the next session, and the alternative may, and probably then would be, a speedy and ruin- ous reduction of the taiitl", or a civil war with the entire Sotith. "It is well known that the majority of tho dominant party is adverse to the tarill'. There are man}' honorable excejitious, the senator from New.Fersey |.Mr. Dickeison], among them. IJut for the exertions of the other party, the tiiriff wouhl have F)een long since sacrificed. Now let us look at the composition of the two br.;nches of Congre.sa at the next session. In tills body we lose three friends of the jjrotectivo policy, without being sure of gaining one. I lere, judging from tho present appearances, we shidl, at the next session, be in the minority. In tho House it is notorious that there is a considera- ble accession to the number of the dominant party. How, then, I ask, is the system to Ik sustained against numlwrs, against the wholo weight of the administration, against the imited South, and against the uicreased impending dan- ger of civil war ? " I have l)een represented as the father of thi system, and I am charged with an unnatunil abandonment of my own ofl'spring. I huv« 314 TIIIUTY YEARS' VIEW. never nrmjratcd to myself any such intimate relation to it. I have, indeed, cherished it with parental fondness, and my affection is undimin- •jshed. But in what condition do I find this child ? It is in the hands of the Philistines, who would stranpic it. I fly to its rescue, to snatch it froin their custody, and to place it on a bed of security and repose for nine years, where it may prow and strengthen, and become acceptable to the whole people. I behold a torch about being applied to a favorite edifice, and I would save it, if possible, before it was wrapt in flames, or at least preserve the precious furniture which it contains." Jlr. Clay further advanced another reason for his bill, and which was a wish to separate the tariff from politics and elections — a wish which admitted their connection — and which, being afterwards interpreted by events, was supposed to be the ba.sis of the coalition with Mr. Cal- houn ; both of tliem having tried the virtue of tlie tarift" question in elections, and found it unavailing either to friends or foes. Mr. Clay, its champion, could not become President upon its support. Mr. Calhoun, its antagonist, could not become President upon its opposition. To both it was equally desirable, as an unavailable ekinunt in elections, and as a stumbling-block to both in future, that it should be withdrawn for some years from the political arena; and Mr. Clay thus expressed himself in relation to that withdrawal : " / wish to see the tariff separated from the politics of the country, that business men may go to work in security, with some prospect of stability in our laws, and without erer-y thing- being staked on the issue of elections, as it were on the hazards of the die." Mr. Clay then explained the principle of his bill, which was a series of annual reductions of one tenth per cent, on the value of all duties above twenty per cent, for eight successive years ; and after that, the reduction of all the remainder above twenty per centam to that rate by two annual reductions of the excess : so as to com- plete the reduction to twcntj' per centum on the value of all imported goods on the 30th day of September, 1842; with a total abolition of duties on about one hundred articles after that lime; ar • with a proviso in favor of the right of Congress, in the event of war with any foreign power to impose such duties as might be neces- sar}' to prosecute the war. And this was called a " compromise/^ although there was no stipu- lation for the permanency of the reduced, and of the abolished duties ; and no su^h stipulation could be made to bind future Congresses ; and the only equivalent which the South received from the party of protection, was the stipulated surrender of their principle in the clause which provided that after the said 30th of September, 1842, ^'duties should only be laid for raising such revenue as might be necessary fur an economical administration of the goccrn- meut ;" an attempt to bind future Congresses, the value of which was c^en before the time was out. Mr. Clay proceeded to touch the ten- der parts of his plan — the number of years the protective policy had to run, and the guaa-anties for its abandonment at the end of the stipulated protection. On these points he said : "Viewing it in this light, it appeared that there were eight years and a half, and nine years and a hjilf, taking the ultimate time, which would be an efficient protection ; the re- maining duties would be withdrawn by a bien- nial reduction. The protective principle must be said to be, in some measure, relinquished at the end of eight years and a half. This period could not appear unreasonable, and he thought that no member of the Senate, or any portion of the country, ought to make the slightest ob- jection. It now remained for him to consider the other objection — the want of a guaranty to there being an ulterior continuance of the duties imposed by the bill, on the expiration of the term which it prescribes. The best gua- ranties would be found in the circumstances under which the measure would be passed. If it were passed by common consent ; if it wcro passed with the assent of a portion, a consifle- rable portion, of those who had hitiierto di- rectly supported this system, and by a consi- derable portion of those who opposed it; if they declared their satisfaction with the mea- sure, he had no doubt the rate of duties guaran- tied would be continued after the expiration of the term, if the country continued at peace." Here was a stipulation to continue the pro- tective principle for nine years and a half, and the bill contained no stipulation to abandon it at that time, and consequently no guaranty that it would bo abandoned ; and certainly the gua- ranty would have been void if stipulated, as it is not in the power of oiie Congress to abridge by law the constitutional power of its succes' sors. Mr. Clay, therefore, had recourse to mo- ral guaranties ; and found them good, and best, in the circumstances in which the bill would ba passed, and the common consent with which it ANNO 1833. ANDREW JACKSON, PRESIDENT. 315 lio reduced, and BUih stipulation 'ongresses; and I South received 18 the stipulated the clause which th of September, laid fur raising ecessnnj for an of the. govern- iture Congresses, before the thne to touch the tcn- mbcr of years the md the guai-anties d of the stipulated he said : it appeared that [ a half, and nine he ultimate time, protection ; the re- hdrawn by a bien- ive principle must ure, relinquished at I half. This period )le, and he thoupht late, or any portion ike the slightest ob- br him to consider nt of a guaranty to lontinuance of the >n the expiration of ■8. The best pua- i the circumstanct-'S 3uld be passed. K consent ; if it weio I portion, a considc- o had hitlierto di- am, and by a consi- s-ho opposed it; if :tion with the mca- ite of duties guaran- cr the expiration of itinued at peace." continue the pro- ears and a half, and lation to abandon it tly no guaranty that id certainly the gua- d if stipulated, as it Congress to abridge lower of its succcs. |had recourse to nio- Ithem good, and best. lich the bill would ba pnsent with which it was expected to be done — a calculation which found its value, as to the "common consent," before the bill was passed; as to its binding force before the time fixcft for its efficacy to begin. Mr. Forsyth, of Georgia, replied to Mr. Clay, and said : " The avowed object of the bill would meet with universal approbation. It was a project to harmonize the people, and it could have come from no better source than from the gentleman from Kentucky : for to no one were wc more indebted than to him for the discord and dis- content which agitate us. But a few months ago it was in the power of the gentleman, and those with whom he acted, to settle this question at once and for ever. The opportunity was not seized, but he hoped it was not passed. In the project now ofiered, he could not see the elements of success. The time was not auspicious. But fourteen days remained to the session ; and we had better wait the action of the House on the bill before them, than by taking up this new measure here, produce a cessation of their action. Was there not danger that the fourteen days would be exhausted in useless debate ? Why, twenty men, with a suflBciency of breath (for words they would not want), could annihilate the bill, though a majority in both Houses were in favor of it. He objected, too, that the bill was a violation of the constitution, because the Senate had no power to raise revenue. Two years ago, the same senator made a proposition, wiiich was rejected on this very ground. The offer, however, would not be useless ; it would be attended with all the advantages which could follow its discussion here. We shall see it, and take it into consideration as the offer of the manufacturers. The other party, as we are called, will view it as a scheme of diplomacy ; not as their ultimatum, but as their lirst offer. But the bargjiin was all on one side. After they are defeated, and can no longer sustain a conflict, they come to make the best bargain they can. The senator from Kentucky says, the tariff is in danger ; aye, sir, it is at its last gasp. It has received the immedicable wound ; no hellebore can cure it. He considered the confession of the gentleman to be of immense importance. Yes, sir, the whole feeling of the country is opposed to the high protective system. The wily serpent that crept into our Eden has been touched by the spear of Ithuriel. The senator is anxious to prevent the ruin which a sudden abolition of the system will produce. No one desires to intiict ruin upon the manufacturers ; but suppose tlie Southern people, having the power to control the subject, should totally and suddenly abolish the system ; what right would those have to cumpliiin who had combined to oppress the South ? What has the tariff led us to already ? From one end of the country to the other, it has Droduced evils which are worse than a thousand tariffs. The necessity of appealing now to fra- ternal feeling shows that that feeling is not sleeping, but nearly extinguished. He ojiposed the introduction of the bill as a revenue measure, and upon it demanded the yeas and nays: which were ordered." The practical, clear-headed, straightforward Oen. Smith, of Maryland, put his linger at once upon the fallacy and insecurity of the whole scheme, and used a word, the point and ajiplica- tion of which was more visible afterwards tha .i at the time it was uttered. lie said : " That the bill was no cure at all for the evils complained of by the South. They wished to try the constitutionality of protecting duties. In this bill there was nothing but protection, from beginning to end. We had been told that if the bill passed with common consent, the sys- tem established by it would not be touched. But he had once been cheated in that way, and would not be cheated again. In 18in it was said the manufacturers would be satisfied with the protection afforded by the bill of that year; but in a few years after they came and insisted for more, and got more. After the first four years, an attempt would be made to repeal all the balance of this bill. Ho would go no further than four years in prospective reduction. The reduction was on some articles too gi-eat." He spoke history, except in the time. Tha manufacturers retained the benefits of the bill to the end of the protection which it gave them , and then re-established the protective system ia more amplitude than ever. " Mr. Calhoun rose and said, he would make but one or two observations. Entirely approving of the object for which this bill was introduced, he should give his vote m favor of the motion for leave to introduce it. He who loved the Union must desire to see this agitating question brought to a termination. Until it should bo terminated, we could not expect the re.>-toration of peace or harmony, or a sound condition of things, throughout the country. He believed that to the unhappy divisions which had kept the Northern and Southern States apart from each other, the present entirely degraded condi- tion of the country (for entirely degraded he believed it to be) was solely attributable. The general principles of this bill received his appro- bation. He believed that if the present difficul- ties were to be adjusted, they must be adjusted on the principles embraced hi the bill, of fixing ad valorem duties, except in the few cases in the bill to which specific duties were assigned. He said that it had boen his fate to occupy a position as hostile as any one could, in reference to the protecting policy ; but, if it depended on his will, he would not give his vote for the 316 THIRTY YEARS' VIHW. i'mr t ( f 'W: ■i*' ''' n^ < i^ prostration of the manufacturing interest. A very lar^e rapitnl liad been invested in nianu- facuires, which liad been of great service to the country ; and he would never give his vote to suddenly withdraw all tliose duties by which that capital was sustained in the channel into which it had been directed. But he would only vote for the ad valorem system of duties, which he deemed the most beneficial and the njost e(|uitablo. At this time, he did not rise to go into a consideration of any of the details of this bill, as such a course would be premature, and contrary to the practice of the Senate. There were some of the provisions which had his entire approbation, and there were some to which he objected, liut he looked upon these minor points of difference as points in the settlement of which no difflculty would occur, when gen- tlemen meet together in that spirit of mutual compromise which, he doubted not, would be brought into their delil)erations, without at all yielding the constitutional question as to the right of protection." This union of Mr. Calhoun and Mr. Clay in the belief of the harmony and brotherly affection which this bill would produce, professing as it ^lid, and bearing on its face the termination of the American system, afforded a strong instance of the fallibility of political opinions. It was only six mctnths before that the dissolution of the Union would be the effect, in the opinion of one of the in, of the continuance of the American system — and of its abandonment in the opinion of the other. Now, both agreed that the bill which professed to destroy it would restore peace and harmony to a distracted country. How far Mr. Clay then saw the preservation, and not the destruction, of the American system in the compromise he was making, may be judged by what he said two weeks later, when he declared that he looked forward to a re-action which would restore the protective system at the end of the time. The first news of Mr. Clay's bill was heard with dismay by the manufacturers. Niles' Re- gister, the most authentic organ and devoted advocate of that class, heralded it thus : " Mr. Ctay^s new tariff project will be received like a ci'osh of thunder in the winter season, and some will hardly trust the evidence of their senses on a first examination of it — so radical and sudden is tlie change of policy proposed because of a combination of circumstances which, in the judgment of Mr. Clay, has ren- dered such a change necessary. If may be that our favorite systems are all to be destroy- ed. If en the majority determine — so he it* The manufacturers flocked in crowds to Washmg. ton City — leaving home to stop the bill — annvinf* at Washington to promote it. Those practical men soon saw that they had gaini'd a ripricvo of nine years and a half in the benefits of protec- tion, with a certainty of the rc-establishinent of the system at the end of that time, from the revulsion which would be made in the revenue — in the abrupt plunge at the end of that time in the scale of duties from a higli rate to an ad valorem of twenty per centum ; and that leaving one hundred articles free. This nine years and a half reprieve, with the certain chance for tlie revulsion, they found to be a good escape from the possible passage of Mr. Verplank's bill, or its equivalent, at that sessif .i ; and its certain passage, if it failed then, at the ensuing scssiou of the new Congress. They found the i)rotective sj-^stem dead without this reprieve, and now re- ceived as a deliverance what had been viewed as a sentence of execution ; and having helped tho bill through, they went home rejoicing, and uiure devoted to Mr. Clay than ever. Mr. Webster had not been consulted, in the formation of this bill, and was strongly opposed to it, as well as naturally dissatisfied at the nt- glect with which he had been treated. As the ablest champion of the tariff, and the represen- tative of the chief seat of manufactures, ho would naturally have been consulted, and made a party, and a leading one, in any scheme of tariff adjustment ; on the contrary, the ^vholo concoction of the bill between Mr. Clay and Mr. Calhoun had been entirely concealed from him. Symptoms of discontent appeared, at times, in their speeches ; and, on the night of the 23d, some sharp words passed — compo.sed the next day 1 y their friends : but it was a strange idea of a " compromise," from which the main party was to be excluded in its formation, and bound in its conclusion. And Mr. Webster took an immediate opportunity to show that he had not been consulted, and would not be bound by the arrangement that had been made. He said : " It is impossible that this proposition of the honorable member from Kentucky should not ex- cite in the country avery strong sensation ; and,in the relation in wnich I stand to the subject, I am anxious, at an early moment, to say, that, as far as I understand the bill, from the gentleman's statement of it, there are principles in it to which I do not at present see how I can evei I ANNO 1833. ANDREW JACKSON, PRlvSIDENT. 317 ne— so be it* rds to Washing- ic bill— arriving Those pinctical aini'd a ri'livievo jneflts of protcc- jstablusbintnt of time, from the I in the revenue end of that time gh rate to an ad and that leaving is nine years and in chance for the good escape from 'erplank's bill, or ; and its certain ;ie ensuing session )und the protective rieve, and now rc- lad been viewed as having helped tho rejoicing, and mule ;r. n considted, in the IS strongly oppo>od Bsatisfied at the iie- n treated. A« the ; and the rcproncn- f manufactures, ho lonsulted, and made in any scheme of •ontrary, the whole ,n Mr. Clay and Mr. :oncealcd from him. ►peafcH, at times, in 2 night of the 23d, -composed the next t was a strange idea lich the main party nnation, and bound r. Webster took an LOW that he had not lot be bound by the Jmade. He said: Is proposition of the Itncky should not ex- Ine sensation -, au(l,m I to the subject, I am It, to say, that, as far lorn the gentleman » ■ principles m it to see how I can evej concur. If I understand the plan, the result of it will bo a well-understood surrender of the power of di.scrimination, or a stipulation not to use that power, in the laying duties on imports, after the eight or nine years have ex- pired. This appears to me to be matter of great moment. I hesitate to be a party to any such stipulation. The honorable member admits, that though there will be no (Msitive surren- der of the power, there will be a stipulation not to exercise it ; a treaty of peace and amity, an he says, which no American statesman can, here- after, stand up to violate. For one, sir, I am not ready to enter into the treaty. I propose, so far as de|N2nds on me, to leave all our succes- Rors in Congress as free to act as we are our- selves. " The honorable member from Kentucky says the taritf is in imminent danger ; that, if not destroyed this session, it cannot hope to survive the next. This may be so, sir. This may be so. But, if it be so, it is because the American people will not sanction the tariff; and, if they will not, why, then, sir, it cannot be sustained at all. I am not quite so despairing as the hon- orable member seems to be. I know nothing which has happened, within the last six or eight months, changing so materially the prospects of the tariff. I do not despair of the success of an appeal to the American people, to take a just caiHJ of their own interest, and not to sacritice those vast interests which have grown up under the laws of Congress." There was a significant intimation in these few remarks, that Mr. Webster had not been con- sulted in the preparation of this bill. He shows that he had no knowledge of it, except from j\Ir. Clay's statement of its contents, on the floor, for it had not then been read ; and the statement made by Mr. Clay was his only means of under- standing it. This is the only public intimation which he gave of that exclusion of himself from all knowledge of what Mr. Clay and Mr. Cal- boun were doing; but, on the Sunday after the sliarp words between him and Mr. Clay, the fact (vas fully communicated to me, by a mutual friend, and as an injurious exclusion which Mr. Webster naturally and sensibly felt. On the next day, he delivered his opinions of the bill, in an unusually formal manner — in a set of re- eolutions, instead of a speech — thus : ''Resolved, That the annual revenues of the country ought not to be allowed to exceed a just estimate of the wants of the government ; and that, as soon as it shall be usccrtained, with reasonable certainty, that the rates of duties on imports, as established by the act of July, 1832, will yield an excess; over those wants, provision ought to ho made for their reduction ; and that, in making this reduction, just regard should b« had to the various interests and opinions of dif< ferent parts of the country, so as most effectu* ally to preserve the integrity and harmony of the Union, and to provide for the common de« fence, and promote the general welfare of the whole. " But, whereas it is certaii that the diminu- tion of the rates of duties on some articles would increase, instead of reducing, the aggre- gate amount of revenue on such articles ; nnd whereas, in regard to such articles as it has been the policy of the country to protect, a slight reduction on one might produce essential injury, and even distress, to large classes of the community, while another might bear a larger reduction without any such consequences ; nnd whereas, also, there are many articles, the duties on which might be reduced, or altogether abol- ished, without producing any other cHect than the reduction of revenue : Therefore, "liesolced, That, in reducing the rates of du- ties im[)Osed on imports, by the act of the 14th of July aforesaid, it is not wise or judicious to proceed b}'^ way of an equal reduction per centum on all articles ; but that, as well the amount as the time of reduction ought to be fixed, in re- spect to the several articles, distinctly, having due regard, in each case, to the questions whether the propo.sed reduction will affect revenue alone, or how far it will operate injuriously on those domestic manufactures hitherto protected; es- pecially such as are essential in time of war, and such, also, as have been established on the faith of existing laws ; and, above all, how far such proposed reduction will affect the rates of wages and the earnings of American manual labor. "/feso/uefi. That it is unwise and injudicious, in regulating imposts, to adopt a plan, hitherto equally unknown in the history of this govern- ment, and in the practice of all enlightened na- tions, which shall, either immediately or pros- pectively, reject all di.scrimination on articles to be taxed, whether they be articles of necessity or of luxury, of general consumption or of limit- ed consumption ; and whether they be or be not such as are manufactured and produced at home ; and which shall confine all duties to one equal rate per centum on all articles. '■'■ Resolved, That, since the people of the United States have deprived the State governments of all power of fostering manufactures, however indispensable in peace or in war, or however im- portant to national independence, by commercial regulations, or by laying duties on imports, and have transferred the whole authority to make such regulations, and to lay such duties, to the Congress of the United States, Congress cannot surrender or abandon such power, compatibly with its constitutional duty ; and, therefore, ^'Resolved, That no law ought to be passed on the subject of imposts, containing any stipula- tion, express or implied, or giving any pledge or assurance, direct or indirect, which shall tend to restrain Congress from the full exercise, at uli a ■ ' ■ 318 THIRTY YEARS' VIEW. tiincH hcroaftor, of nil its constittitionnl iiowcra, in Riving roasonahle protection to American in- dustry, cotintervailing the jiolicy of foreign na- ti'tiiHj'nnrt ninintaining the Hiibstantial indepen- dence of the United States." These resolutions brought the sentiments of Mr. Webster, on the tariff and federal revenuo, very nearly to the standard recommended by General Jackson, in his annual message ; which was a limitation of the revenue to the wants of the goveriiincnt, with incidental protection to essential articles; and this approximation of policy, with that which had already taken place on the doctrine of nullification and its measures, and his present support of the " Force Bill," may have occasioned tlio exclusion of Mr. Webster from all knowledge of this " compromise." Cer- tain it is, that, with these sentiments on the sub- ject of the tariff and the revenue, and with the decision of the people, in their late elections against the American system, that Mr. Webster n.nd his friends would have acted with the friends of General Jackson and the democratic party, in the ensuiiig Congress, in reducing the duties in a way to be satisfuctoi-y to every reasonable interest ; and, above all, to be stable ; and to free the country from the agitation of the tariff question, the mainifacturers from uncertainty, and the revenue from fluctu&tions which alter- uately gave overflowing and empty treasuries. It was a consummation devoutly to be wished ; and frustrated by the intervention of the delu- sive " compromise," concocted out of doors, and in conclave by two senators ; and to be carried through Congress by their joint adherents, and by the fears of some and the interests of others. Jlr. Wright, of Xew-York, saw objections to the bill, which would be insurmountable in other circumstances. He proceeded to state these ob- jections, and the reason which would outweigh them in his mind : '• He thought the reduction too slow for the first eight years, and vastly too rapid afterwards. Again, he objected to the inequality of the rule of reduction which had been adopted. It will be seen, at once, that on articles paying one hundred per cent, duty, the reduction is danger- ously rapid. There was uniformity in the rule adopted by the bill, as regards its operation on existing laws. The first object of the bill was to ett'ect a compromise between the conflicting views of the friends and the opponents of pro- tection. It purports to extend relief to Southern interest ; and yet it enhances the duty on one of the most material articles of Southern consump- tion — negro cloths. Again, (vhilc it increase.! this duty, it imposes no corresponding :0 18.13. ANDUnW .TACKSOy, IMIKSIDF.NT. 319 it increase* ndinp duty on fabric is made, im hix nmt\iru lionic vulinilion f very uncnunl jine articles of e_wns so (ireat ly satisfied that uon before the principle of dis- mts introduced lis, ho wonhl say ^ after a limited to afford protec- It provides pro- me, but does not )le of protectioii. ) reduce all arti- me rate of duty, ntirely unknown 1 was an tinwur- m advocatiujr the c admit the power juch duties as ari; revenue ; and to itally alVord pro- ; would, upon all ore money should )rts than the (:ot- inciple he wisheil He adverted to Trade Cc.ivention Ljority,(12Uto7) onal power ol ton- tection to domi'stic y agreed that the vas in consonauce liadto thebill. It thought, directly, iccessors. AVe had ind our successors'. ively, antl a future i-se of this prospec- irever. no allernativo I all its di f« cts. be- nisions which the indispensably no- which would induce twithst'mding these he attitude of South ic desire which ho ■ discontent in that itiirn to the state of aflectionale member n he would do what gh not a<,neeable to depending hefoie tor which the leav» rw bcinj; asked, made its ap|)earancj ot the door of tiic chander, 'vith a ri(;lit to enter it, in tlie shape of an act pa.s8ed by tlie IIouso, and sent to theSrnato for concurrence. This was a new feature in the pamc, and occasioned the .Senr.te bill to bo immediately dropj)ed, and tho House bill put in its place; and which, iK'ing quickly put to the vote, was passed, 29 to 10. "Ykas. — Messrs. Bell, BiCb, Black, Calhoun, Chambers, Clay, Clayton, Ewinn, Foot, Forsyth, Frelinphuyscn, Grundy, Ilill, Holmes, Johnston, King, Mangum, Miller, Moore, Maudain, I'oin- dcxter. Rives, Robinson, Spraguc, Tomlinson, Tyler, Waggaman, White, Wright. "Nays. — Messrs. Benton, Biickner, Dallas, Dickerson, Dudley, Hendricks, Knight, Prentiss, Kobbins, RuggleSj Seymour, Silsbec, Smith, Tip- ton, Webster, Wilkins." And the bill was then called a "compromise," which the dictionaries define to be an "agreement without the intervention of arbitrators ; " and so called, it was immediately proclaimed to be r-acred and inviolable, as founded on mutual con- sent, although the only share which the manu- fiicturing States (Pennsylvania, New Jersey, Maryland, Massachusetts, Rhode Island, Ver- mont) had in making this " compromise," was to sec it sprung upon them without notice, ex- ecuted upon them as a surprise, and forced upon them by anti-tarift" votes, against the strenuous resistance of their senators and representatives in both Houses of Congress. An incident which attended tho discussion of this bill shows the manner in which great meas- ures—especially a bill of many particulars, like the tariff, which affords an opportunity of grati- fying fcmall interests — may be worked tlirough a legislative body, even the Senate of the United States, by other reasons than those derived from its merits. The case was this : There were a few small manufactories in Connecticut and some other New England States, of a coarse cloth call- ed, not Kendall green, but Kendall cotton — quite antithetically, aa the article was made wlioUy of wool — of which much was also import- ed. As it was an article exclusively ftjr the la- boring population, the tarift* of the preceding session made it virtually free, imposing only a duty of five per centum on the value of the cloth aud the same on the wool of which it was made. Now this article was put up in this '• compro- mise " bill which was to reduce duties, to fifty per Centura, aggravated by an arbitrary minimum valuation, and by the legerdemain of n'tainiiig the live per centum duty on the foreign wool which they used, and which was equivalent to making it free, and reduced to that low rate to harmonize the duty on the raw material and the cloth. General Smith, of Maryland, moved to strike out this duty, so flagrantly in con- trast to the professed objects of the bill, and in fraud of tho wo(d duty; and that motion brought out tho reason why it was put thero — which was, that it was necessary to securo the passage of the bill. Mr. Foot, of Con- necticut, .said: " 7Va'» was an importanl feature nf the bill, in which his conslituenta hud a great interest. Gentlemen from the South had agreed to it; and they were com- petent to guard their own interest" Mr. Clay said : " The provision proposed to be stricken out was an essential part of the compromise, which, if struck out, would dcstroi/ the whole." Mr. Boll of New Hampshire, said : " The pas- sage of the bill depended upon it. If struck out, he shoidd feel himself compelled to vote against the bill." So it was admitted by those who knew what they said, that this item had been put into the bill while in a state of concoc- tion out of doors, and as a douceur to conciliate the votes which were to pass it. Tlicreupon Mr. Benton stood up, and " Animadverted on the reason which was al- leged for this extraordinary augn.entation of duties in a bill which was to redr.ci; duties. The reason was candidly expressed ou this floor. There were a few small mauufactoiies of these woollens in Connecticut ; aud unless these man- ufactories be protected by an increase of duties, certain members avow their determination to vote against the whole bill ! This is the secret — no! not a secret, for it is proclaimed. It was .1 secret, but is not now. Two or three littlo factoiies in Connecticut must be protected ; and that by imposing an annual tax upon the wearers of these coarse woollens of four or five times the value of the fee-simple estate of the factories. Better far, as a point of economy and justice, to purchase them and burn them. The whole American system is to be given up in tho year 1842 ; and why impose an oimual tax of near five hundred thousand dollars, upon the laboring conmumity, to prolong, for a few years, a (cw small branches of that system, when the whole bill has the axe to the root, and nods to its fall? But, said Mr. B., these manufactories of coarse woollens, to be protected by this bill, are not even American ; they are rather Asiatic estab- lishments in America ; for they get their wool from Asia, and not from America. The impor* '1 320 THIRTY YEARS' VIEW. ^, it f tation of llii.s W(M)1 is one million two liiiiidri'd ftiiii titty tlioiiHiuiil (M)iiii(lr4 wt'i);ht ; it roincH cliii'tly from iSmvrim, luul coHts Iohh thnn cinlit cciitrt a pound. \t was made free of duty at thi- lant Hi'Msion of CongnsHH, an an I'fpiivalont to thi'wu vi-ry manufuctoricH for the reduction of the (hity on coarse wooileuK to live percent. Tlu' two niea.xureM went tOfretlier, and were, each, ii con- Kiderution for the other. IJefore tliat time, and by tiie act of IH'2H, this coarno wool was heavily duf ied for the iK-iielit of the home wool growers. It wa.s Hul)jected to a double duty, one of four cents on the iM)und, and the other of fifty ikt cent, on the value. As a measure of compromise, this double duty was abolisheil at the last session. The wool for these factories was admitted duty free, and, as an ctiuivalent to the community, the woollens niadeout of the corresponding kii'd of wool were admitted nt a nominal duty. It was a bar^tftin, entered into in o|H'n Congress, and sealed with all the forms of law. Now, 'n six months after the bar(;ain was made, it is to be broken. The manufacturers are to have the duty on woidlens run up to fifty per cent, for protection, and are still to receive tlie foreipi wool free of duty. In plain Kn;ilish, they are to retain the pay which was given them for re- ducing the duties on these coarse woollens, and they are to have the tluties restored. " He said it was contrary to the wliole tenor and policy of the bill, and presented the strange contradiction of multiplying duties tenfold, upon an article of prime necessity, used exclusively by the laboring part of the community, while reducing duties, or abolishing them in folt>, upon every article vised by the rich and luxurious. Silks were to be free ; cambrics and tine linens were to be free ; muslins, and casimeres, and broad cloths were to be reduced ; but the coarse woollens, worn by the laborers of every color and every occupation, of every sex and of every ape, bond or fret — these coarse woollens, neces- sary to shelter the exposed laborer from cold and damp, are to be put up tenfold in point of tax, and the cost of procuring them doubled to the wearer. " The American value, and not the foreign co.st, will be the basis of computation for the twenty per cent. The difference, when all is fair, is about thirty-five per cent, in the value ; so that an importation of coarse woollens, costing one million in Europe, and now to pay five per cent, on that cost, will be valued, if all is fair, at one million three hundred and fifty thousand dollars ; and the twenty per cent, will be cal- culated on that sum, and will give two hundred and seventy thousand dollars, instead of two hundred thousand dollars, for the quantum of the tax. It will be near sixfold, instead of four- fold, and that if all is fair ; but if there are gross errors or gross frauds in the valuation, as every human being knows there must be, the real tax may be far above sixfold. On this very floor, and in this very debate, we hear it computed, by waj of recomiucnding this bill to the manufac- turers, that the twenty per cent, on the Rtatut« book will exceed thirty in the cuMtom-house. '* Mr. R. took a view of the circimiBtancea which had attended (he duties on these coarne woollens since he bad Ix-en in Congress. Kverjr act had discriminated in favor of these goods, Ix'cause they were used by the poor and thu laborer. The act of IH'21 fl,\ed the duties u|Min them at a rateont> third less than on other wool- lens ; the a<'t of IHiiH flxeil it at upwards of one hairless; the mt of IH:\'2 fixed it nine tenth* less. All these discriujinations in favor of coai-so woollens were made \i\Hm the avowed principle of favoring the laborers, bond ami five, — the slave which works the field for his master, the mariner, the miner, the steamboat hand, the worker in stone and wood, and every out-door i)crupation. It was intended by the framers of all these acts, and especially by the supjHiiters of the act of 18."{2, that this class of our popula- tion, so meritorioiis from their daily labor, so much overlooked in tlu! opirations of the gov- ernment, because of their little weight in the |M)litical scale, shoukl at least rective one boon i'rom Congress — they shotd Into ift'cct, the very week before the act was to go into elTect, the boon so lately grantiMl. is to be mi;iI<1i('i| away, and the day laborer taxed higher than ever; taxed fifty i)er cent, upon his working clothes! while gentlemen and ladies are to have silks and ciunbrics, and fine linen, free of any tax at all ! " In allusion to the alleged competency of the South to guard its own interest, i\s averrd by Mr. Foot, Mr. Benton said that was a sptcits of ability not confined to the South, but existint aLso in the North — whether indigenous or exotio he could not say — but certainly existent there, at least in .some of the small States ; and active when duties were to be raised on Kendal cottou cloth, and the wool of which it was made to re- main free." The motion of General Smith was rejected, of course, and by the same vote which passed the bill, no one of those giving way an inch of ground in the House who had promised out of doors to stand by the bill. Another incident to which the discussion of this bill gave rise, and the memory of which is necessary to the under- standing of the times, was the character of ^^ protections^ which Mr. Clay openly claimed for it ; and the peremptory manner in which ho and his friends vindicated that claim in open Senate, and to the face of Mr. Calhoun. The circumstances were these : Mr. Forsyth object- ed to the leave asked by Mi-. Clay to introduw j his bill, because it was a revenue bill, the orig^ ji ..isiiua, mm ANNO 18311. ANDREW JACKSON, rRlvSlDENT. 321 ;, the BtotuU «tom-houHo. :ircvm»Btftnce« thcHC coari"? ercBH. Kvory ,r tl\C8C |!0"''«l i,oov BUil tl>e l,c autii's uiH.n „n ..tlurwwl- inwnrtlrt of one it nine lti»t'>» ,r,ivor<'f ccmrso mkI frve,— the • hu* inft'*^*^''') ^'"' jlKUvt liixnil, l^»« I every (>"l-*>o"' ,y thi- frnini'rs of Y the suriHMti-M ia «if <">'■ V"l'"''^" ;,. (luily ItiVx)!-, S.) itioi.s oV the nuv- tie woi!;:ht "» tlie ri.ci.ivf owe Iwxin was Uw intent inn ftsthcverfonuance f the l»«t section ; 1,^ H-inco t\iis l.o.m ■n,l none been oyerpowering when he could Iiear such declarations without repeating his denial. On the main point, that of the constitutionali- ty of originating the bill in the iSenato, Mr. Web- ster spoke the law of Parliament when ho said : " It was purely a question of privilege, and the decision of it belonged alone to the other House. The Senate, by the constitution, could not originate bills for raising revenue. It was of no consequence whether the rate of duty were increased or derrea.'fed ; if it was a money bill it iR'Ionged to the House to originate it. In the House there was a Committee of Ways and Means organized expressly for such objects. There was no such committee in the ■ enate. The constitutional provision was taken '' om tho practif' of the British Parliament, whose usages were w ell known to the framers of the constitu- tion, with the modification that the Senate might alter and amend money bills, which was denied by tho House of Commons to the Lords. This subject belongs exclusively to the House of Representatives. The attempt to evade tho question, by contending that tho present bill was intended for protection and not for revenue, all'orded no relief, for it was protection by means of revenue, it was not the less a money bill' from its object being protection. After 1842 this bill would raise the revenue, or it would not be raised by existing laws. He was alto- gether opposed to the provisions of this bill ; but this objection was one which belonged to the House of Kepresentatives." Another incident which illustrates tho vice and tyranny of this outside concoction of mea- sures between chiefs, to be supported in tho^ House by their adherents as they fix it, occur- red in the progress of this bill. Mr. Benton, perceiving that there was no corresponding re- duction of drawback provided for on the expor- tation of the manufactured article made out of an imported material on which duty was to be reduced, and supposing it to have been an over- sight in the framing of the bill, moved an amendmeut to that effect ; and meeting resist- ance, stood up, and said : "His motion did not extend to the general bystcm of drawbacks, but oulj^ to those special: ■ ( 322 TniRTY YEARS' VIEW. cascR in which tho cxpor nr was authnri/od to draw from the treasury he amount of money which he had paid into it on the importation of the matcriais which he had manufactured. The amount of drawback to be allowed in every case liad been adjusted to the amount of duty paid, and as all these duties were to be periodically reduced by the bill, it would follow, as a regti- l;ir con.sequence, that the drawback should un- dergo equal reductions at the same time. Jlr. IJ. would illustrate his motion by stating a sin- pic case — the case of refined sugar. The draw- back payable on this sugar was five cents a pound. These five cents rested upon a duty of tlrr>'e cents, now payable on the importation of foreign brown sugar. It was a&certained that it required nearly two pounds of brown sugar to make a pound of refined sugar, and five cents was held to be the amount of duty paid on the quantity of brown sugar which made the pound of refined sugar. It was simjily a, reimburse- ment of what he had paid. By this bill the duty of foreign brown sugar will be reduced im- mediately to two and a half cents a pound, and afterwards will be periodically reduced until the year 1842. when it will be but six-tenths of a cent, very little more than one-sixth of the duty when five cents the pound were allowed for a drawback. Now, if the drawback is not re- duced in proportion to the reduction of tho duty on the raw sugar, two very injurious conse- quences will result to the public : first, that a large sum of money will be annually taken out of the treasury in gratuitous bounties to sugar refiners ; and next, that the consumers of refin- ed sugar wi!! h,ive to pay more for American refined . ".g?r thiin foreigners will ; for the re- finers getting a bounty of five cents a pound on all that is exported, will export all, unless the American consumer will pay the bounty also. Mr. B. could not undertake to say how much money would be drawn from the treasury, as a mei-e bounty, if this amendment did not prevail. It must, however, be great. The drawback was now frequently a hundred thousar.d dollars a year, and great frauds were committed to obtain it. Frauds to the amount of forty thousand dollars a year had been detected, and this while the inducement was small and inconsiderable; but, as fast as that inducement swells from year to year, the temptation to commit frauds must increase ; and the amount drawn by fraud, add- ed to that drawn by the letter of the law, must be enormous. Mr. B. did not think it necessary to illustrate his motion by further examples, but said there were other cases which would be as strong as that of refined sugar; and justice to the public required all to be checked at once, by adopting the amendment he had otlered." This amendment was lost, although its neces- sity was self-evident, and supported by Mr. Cal- houn's vote ; but Mr. Clay was inexorable, and would allow uf no amendment which was not offered by friends of tho bill ; a qtialification which usually attends all this class of outside legislation. In the end, I saw the amendment adopteir. ,ut to be taken, Mr. Cal- lad become necessary for ■vher he would vote foror| ,«ld vote for it, otheofw ,t. He then called «F Llcryto notice wclWM I his declaration to be pf ind that ho voted uponj t no valuation should adopted, which would make the duties unequal in different parts ; and. secondly, that the duties themselves should not become an dement in the Taluation. The practical sense of C eneral Smith immediately exposed the futility of these con- ditions, which were looked upon, on all sides, as a mere salvo for un inevitable vote, extorted frora him by the exigencies of his position ; and seve- ral senators reminaod him that his intentions and motives could have no cfiFect upon the law, which would be executed according to its own words. The following is the debate on this point, very ourious in itself, even in the outside view it gives of the manner of affecting great national legislation ; and much more so in the in- siJe view of the manner of passing this particular measure, so lauded in its day ; and to understand wliich, the outside view must first be seen. It appears thus, in the prepared debates : " Mr. Clay now rose to propose the amend- ment, of which he had previously given notice. Tlie object was, that, after the period prescribed by the bill, all duties should thereafter be as- si'ssed on a valuation made at the port in which the goods are first im|)orte(l, and under ' such regulations as may be prescribed by law.' Mr. C, said it would be seen, by this amendment, that, in place of having a foreign valuation, it was intended +o have a home one. It was be- lieved by the niends of the protective system, that such a regulation was necessary. It was k'lievod by many of the friends of the system, that, iifter the period of nine and a half years, the most of our manufactures will be sufficiently ^own to bo aMe to support themselves ''.iider a duty of twenty per cent., "f properly laid ; but that, under a system of foreign valuation, such would not !)& the case. They say that it would kmore d.'tW.ncntal to their interests than the lowest sct.le of dy *ies that could be imposed ; and rai propose to fix a standard of duties. They are willing to take you at your word, provided Toil regulate this in a way to do them justice. ".Mr. Smith opposed the amendment, m the IfTOiind th»t it would be an increase of duties ; |tkt it hai been tried before; that it would be mpracticable, '.ti:equal, unjust, and productive »f confusion, inasmuch as imported goods were )D>tantly varying in value, and were well known be, at all timos, cheaper in New- York than in ie commercial cities south of it. This would bve the etl'ect of drawing all the trade of the "iiited States to New-York. "Mr. Clay said he did not think it expedient, deciding this question, to go forward five or ye!;rs, and make that an obstacle to the pas- i^ of h great national measure, which is not go into operation until after that period. The snorable senator from Maryland said that the »sure would be impracticable. Well, sir, if 80, it will not be adopted. We do not adopt it now, said Mr C. ; we only adopt the princi- ple, leaving it to future legislaticn to adjust the details. Besides, it would be the restoration of an ancient principle, known since the foinida- tion of the government. It was but at the last session that the discriminating duty on goods coming from this side, and beyond the Cape of Good Hope, ten per cant, on one, and twenty per cent, on the other, was repealed. On what principle was it, said he, that this discrimination ever prevailed ? On the principle of the home value. Were it not for the fraudulent invoices which every gentleman in this country was fa- miliar with, he would not urge the amendment ; but it was to detect and pi ti vent these frauds that he looked upon the insertion of the clause as essentially necessary. " Mr. Smith replied that he had not said that the measure was impracticable. He only in- tended to say that it would bo inconvenient and unjust. Neither did he say that it would be adopted by a future Congress ; but he said, if the principle was adopted now, it would be an entering wedge that might lead to the adoption of the measure. Wo all recollect, said Mr. S., that appropriations were madn for surveys for internal improvements ; and that these oj)crated as entering wedges, and led to appropriations for roads and canals. The adoption of the prin- ple contended for, by the senator from Kentu')ky, would not, in his (Mr. S.'i') opinion, prevent frauds in the invoices. That very principle was the foundation of all the frauds on the revenue of France and Spain, wb re the duties were as- sessed according to the value of the goods in the ports where entered. He again said that the effect of the amendment would be to draw the principal commerce of the country to the great city of Ne.7- York, where goods were cheaper. ''Mr. Forsyth understood, from what had fallen from the senator froir Kentucky, that this was a vital question, and on it depended the suc- cess of this measure of conciliation and compro- mise, which was said to settle the distracted con- dition of the country. In one respect, it was said to be a vital question ; and the next was, it was useful ; and a strange contradiction follow- ed : that the fate of this measure, to unite the jarrings of brother with brother, depended on the adoption of a principle which might or might not be adopted. He c(»nsidered the amendment wrong in principle, because it would be both unequal and unjust in its ojMjration, and because it would raise the revenie : as the duties would be ash' ssed, not only on the value of the goods »t the place whence imported, but on their value at the plane of importation. He would, htnvever, vote for the bill, even if the amciidment were in- corporated in it, provided lie had the assurances, from the proper quarter, that it would efloct the conciliation and compromise it was intended lor. "Mr. Clay had brought forward this measure, with tlie hope that, in the course of its disous- eion, it would ultimitlely assume such a shapo 324 THIRTY YEARS' VIEW. y\ tcm, as expressed by the senator from Gcor.'iil when he taunted us \vith the majority that tiierl would have in the next Congress, when tliejl would get a better bill, to influence my oiiiiii nl upon this occasion. That we have been drin/ by our fears into this act of concession, I niilj not admit. Sir. I tell gentlemen that tluy nujj never get such another offer as the present ; kj though they may think otherwise, 1 do nut i lieve that the people of this country will everl brought to consent to the abandonment of \]i protective system. ANNO 1833. ANDREW JACKSON, PRESIDENT. 325 mcd. Sir, saidhe,Iramtl ain.in my own way thsl vera me in the vote aal said before, I never \ml losing the i.votective >}vl the senator from C.ciir;al ith the majority that theyl icxt Congress, wlicn tlieyl ill to inflneuce my oimii nl That wc ha\c hecn Jn'^y s act of concession, I wufl 1 gentlemen that tluy M T offer as the present; I'ij ink otherwise, I do »«"f of this country will ever to the abandonment utiu " Does any man believe that fifty per cent, is an adequate protection on woollens ? No, sir ; the protection is brought down to twent; per c,..nt. : and when gentlemen come to me and say that this is a compromise, I answer, with my frii'iid from Maine, that I will not vote for it, un- lesr< you will give me the fair twenty per cent. ; gild this cannot be done without adopting the nriiifiple of a home valuation. I do not vote for this bill because I think it better ^an the tariff of 1832, nor because I fear nulUfication or secession ; but from a motive of concession, yield- in? my own opinions. But if Southern gentle- men will not accept this measure in the spirit for which it was tendered, I have no re.ason to vote for it. I voted, m id Mr. C, against the bill of '32. for the very reason that Southern gentle- men declared that it was no concession ; and I may vote against this for the same rea.sons. I tliought it bad j)olicy to pass the bill of '32. I thought it a baxl bargain, and [ think so now. I liave no fear of nullification or secession ; I am not to be intimidated by threats of Southern gentlemen, that they will get a better bill at the next session. " Kebellion made young Harry Percy's spurs gro iv cold." I will vote for this measure as one of conciliation and compromise ; but if the clause of the senator from Kentucky is not inserted, I sliall be compelled to vote ai;ainst it. The protective system never can be abandoned ; and I, for one, will not now, or at any time, admit the idea. "Mr. Dallas wasopposedtothepropositionfrom tlic c(inHi>tttee, and agreed with Mr. Calhoun. He would state briefly his objection to the proposition of the committee. Although he was from a State jtronjrly disposed to maintain the protective po- licy, he labored under an impression, that if any thing could be done to conciliate the Southern States, it was his duty to go for a measure for that purpose ; but he should not go beyond it. He could do nothing in this way, as representing his particular district of the country, but only for the {general good. He could not agree to in- corporate in the bill any principle which he thought erroneous or improper. He would sanc- tion nothing in the bill iis an abandonment of the principle of protection. Mr. P then made a ft'wr remarks on home and foreign valuation, to show the ground of his objections to the amend- ment of Mr. Clay, though it did not prevent his strong desire to compromise and conciliation. "Mi-. Clay thought it was premature to agi- tate now the details of a legislation which might take place nine years hence. The senator from South Carolina had objected to the amendment on const! i:utional grounds. He thought he could satisfy him, and every senator, that there was no objection from the constitution. '■ lie asked if it was probable that a valuation in Liverpool could escape a constitutional objec- tion, if a home valuation were unconstitutional ? Tlierv was a distinction in the foreign value, and in the hing valued. An invoice might be made of articles r«t one price in one port of England, and in another port at another price. The price, too, must vary with the time. But all this could not affect the rule. There was a distinction wiiich gentlemen did not observe, between the value and the rule of valuation ; one uf these might vary, while the other continued always the same. The rule was uniform with regrud to direct taxation ; yet the value of houses and lands of the same quality arc very different in different places. One mode of home valuation was, to give the government, or its officers, iho right to make the valuation after the one which the importer'had given. It would prevent fraud, and the rule would not violate the constitution. It was an error that it was unconstitutional ; the constitution said nothing about it. It was absurd thct all values must be established in foreign countries; no other coimtry on earth should assume the right of judging. Objections had been made to leaving the business of valua- tion in the hands of a few executive officers; but the objections were at least equally great to leav- ing it in the hands of Ibreigners. He thought there was nothing in the constitutional objection, and hoped the measure would not be embarrassed by such objections. '■ Mr. Calhoun said that he listened with great care to the remarks of the gentleman from Ken- tucky, and other gentlemen, who had advocated the same sid';, in hopes of having his objection to the mode of valuation proposed in the amend- ment removed ; but he must say, that the diffi- culties he first expressed still remained. Pag- ing over what seemed to him to be a constitu- tional objection, he would direct his observation to what appeared to him to be its unequal opera- tion. If by the home valuation be meant the foreign price, with the addition of freight, insur- ance, and other expenses at the port of destina- tion, it is manifest that as these arc unequal be- tween the several ports in the Union — for in- stance, between the ports New-York and New Orleans — the duty must also be unequal in the same degree, if laid on value thus estimated. But if, by the home valuation be meant the prices current at the place of importation, then, in ad- dition to the inequality already stated, there would have to bo added the additional inequality resulting from the different rates of profits, and other circumstances, which must necessarily render prices very unequal in the several ports of this widely-extended country. There would, in the same view, be another and a stronger ob- jection, which he alluded to in his former re- marks, which remained unanswered — that the duties themselves constitute part of the elements of the current prices of the imported articles ; and that, to impose a duty on a valuation ascer- tained by the current prices, would be to impose, in reality, a duty upon a duty, and nmst neces- sarily produce that increased progression in duties, which he bad already attempted to illus- trate. " He knew it had been stated, in reply, that a system which would produce such absurd re- 32G THIRTY YDARS' VIEW. ¥'■§ miltB could not bo roiitoinpliitod ; that Oongn'sa, uiidiT tlio i)()wer of iTjjiiIntinp;, rvacrvcd in tlic nim>nid, to go on debating it, day after old any man iis his time. If thoiP' ;>e a projter one, tlic )t it. 15'it, for llic lhI, he hail little Uojk' ssed at this session ; lay after di>y, would eatinp the many |»ri- is which were wailin;; He would therefoit • the prescni ou tlm 1 futuiv period, before ion, that there was a difticuUies which now of actiu}!; upon it, Iho up. If no other jjiii- yr observations on tlio to lay the bill on Ik ic senator from Dela- on. whilst he (.Mr. I!.) le amendment, having of that interminiiWc ■ntlemen had spoktn. his motion. say, that his desipii 11 of the great inciea* stem of home valiin- jmethinR salislacloiy . yet. lie should voto iwsition calculated to oped there would k on both sides; he mony of the country. (Mr. B.) wasoppoHil than one for revonue, .ection as that nii):lit strike out a iiiiiKik iild concur in the mo- by the senator from Mr, B. then submittcJ the words ' before pay- id to the amendment, colleague would with- ncnt were offered and .her would follow ; and thuit, the remaining time would be wasted. To fix any precise system would be extremel v difll- cidt at present. He only wislied the pruiciple to Ik' adopted. " Mr. Bill!) acceded to the wi.sh of the senator from Kentucky, and withdrew his amendment nccordinply. "Mr. Tyler wtts opposed to the principle of this home valuation. The duties would be taken into consideration in making the valuations ; and thus, after going down liill for nine and a half years, we would as suddenly rise up again to prohibition. He complained tiiat there were not merchants enough on this floor from the iSouth ; and, in this respect, the Northern Slates had the advantage. But satisfy me, sai (Iclnincd from liio owners for ii week or n. iiionti), or slill nior«>, unless yon Imve one or two hnnilred iippraiserH in New-VorI<, iukI propor- tioimlely in other ports; thus inerensinfrpiifron- npo ; iind with sneli u host, can we expect either nnilonnity or er|nalily in the vnlniilion? All will not he honest, ninl the Spanish mode will he adopt ed. ( hie set of ap|)raisers. who vaino low, will have ii pii.iiity. In fact, if this mode whonlil ever he adopted, it will eanse j,'reat dis- oonfenl. arul must soon he rhanp-d. As all understand the cause to he ti> tiatter the nunni- I'actnrers with a jilan which they think will he henel'icial to them, hut which, we all know, can never h(> realized, it is d(ption on its fa«'e, as is almost the whole of the hill now under our consideration. " lU'inemher, Mr. President, (hat the senators from K«'Utucky and South ('ai*olina [Mr. Clay and .Mr. ('alhonn|. have declared this hill (if it •honid hecome ii law), to he permanent, and that no honoral)l<> nassed ovei' Congress, a new ('onjrn-ss, with helter feelin^rs, will he «hle to act with more delih(>ration, and may pass II law that will lu> jit'uerallv njiproved. Nearly all ajrree that this hill isa )>ad hill. A similar opinion piirs. Mow. sir, 1 ask, are wo to know tho motives of men 7 I thought then, and think now, that the approachiuf;; election for I'resident tended gn-atly ti> the en.'ictments of the acts * known tlmt ol. wliicli was Hctit I fur clotlis. Tlic • tl\ut nntion, kept Fli'n\in(rs for Uie , II giKMl kinjr iiov- lisli nmnufartnviTS 1 frnut priviloKrti. Inpliinil, till- iimnu- '.nplnnfl siijtiilit'H nil 111. Tlif inli-rrona- rjncstion. 11 in un- 11- ilionnlii the pnns- •c till- voloH of OlP s friend who wnnt- Dtlior nnnwiT iniftlil I inipow*! on iin ar- raisf» otbor. Ilo snfr}:ostc(l ■y adoptod tbo ml m- wk to tbo oflocts on ntry. > iron trade, to show 1 tbat brnncb from a 'orem for tbo spociiir inittod binisolf to bt> , olomonts of a liome co.'ies wboro it would accurate standard of Ir. Tl\c plan w a.s ini- lould go for this bill s only for tbo sako of coiKTssion. The wnntor from South Carolina can tell whotbor it is like- ly to bo rocoivod as sncli, and to attain tbo ol»- jccl proposed ; if not, I liavo a plain oonrso to iiursiio; I am opposed to tbo bill. Iltdoss I can olilain for the maiuifaitiirors tho assurance that tlio principle of tbo bill will not bo disturbed, and that it will bo received in tho light of a eon- cession, I shall oppose it. " Mr. Henton objoetod to tho ln»nie valuation, ns tending to a violation of the constitution of the United Slates, and cited tlio following clause: 'Congress shall hav(! power to lay and collect ta.\es, dutioH, imposts, an(! excises ; but nil duties, imposts, and excises shall bo uniform thnuighout tho United States.' All uniformity of duties and imposts, he eoutony tho anti-tariff interest, in Mio highest ami iin»st palmy days of the Ameri- can system, and ought not now to be introduced when that systoju is adinitt<'d to be nodding to its fall ; when its death is actually fixed to tho SOtli flay of .lune, IH42, and when the restora- tion of harmonious feelings is proclaimed to bo tho wli(do objed of this bill. " Mr. 15. said this was a strange princi|)lc to bring into a bill to reduce duties. It was an in- crease, in a new form — an indefinable form — and would bo tax upon tax, as the whole cost of getting tho goods ready for a market valuation here, would have to )>e included : original cost, freight, insurance, commissions, «luties hen-. It was new protection, in a new form, and in an extraordinary form, and such as never could be carried before. It had oflen boon attempted, as as a part of the American system, but never re- ceived counton.ance before. "Mr. (/'alhoun rose and said : "As the (|uostion is now about to be put on the amendment offered by the senator from Kentucky, it became necessary for him to de- termine whether ho should vote for or against it. He must be jurmitted again to oxprosn his regret that tho .senator h.'id thought proper to move it. Ilis objection still remained strong against it ; but, as it seemed to be admitled, on all hands, that the fate of the bill depended on llie fate of the amendment, feeling, as he did, a solicitude to see tluMiuestion terminated, be had made up his mind, not, however, without much hesitation, not to interpose his vote against the adoption of the amendment; but, in voting for it, he wished to bo distinctly understood, he :;.i it- ance of this bill ; but he viewed its importance as arising not out of the provisions of the bill itself, bi't out of the state o*" affairs in South Carolina, to w'lich the bill had reference. In this view, it . .8 of paramount importance. "It had become necessary to legislate on this subject ; whether ;t was neccssaiy to pass the bill or not, he would not say ; but legislation, in \. ^^^. ANNO 1833. ANDREW JACKSON, PRESIDENT. 331 he secession of a ro then acting on XXIII. I FOKCE BILL. igo on the South immended to Con- hcretofore in force, laws in that State ; on the Judiciary y eiii'ly in the scs- ^ssailed by several istitutional, temliiiK IS '-till' !'l';ody hill" . "VVilkinrt of Peim- ic hill, vindicated it tor, showed that it laws, and contained des.s continjrcnt au- of the customs fioin ,he case of need, llg sc, in framing it, had ot to introduce any could not he fi^und mly novel one which e of a very siinvle authorized the Ties- circum.«tances which ) remove the custom- novel princiiile, and oviding for such re- en to use force, prehensive that some [after the 1st of Feh- 3(mliicting parties of lina, or between the vernment nnd tho fis far as possibk, a.l provision was niiide the mcm'.-nt of im- ^ cnstom-house to h ie a plain phrase, i ut [admitted the '-...I'i't- tewed its importance hrovisions of the bill I 0*" affairs in South II had reference. In lunt importance. [y to legislate on this lecfesavy to pass tiie Yy; hut legislation, in reference to Soutli Carolina, previous to the Ist of February, had become necensar}'. Something must lie done; and it behooves the government to ailopt every measure of precaution, to pre- ; rent those awful consequences which all must | foresee as necessarily resulting from the position which South Carolina has thought pioper to assume. " Here nullification is declaimed, on one hand, unless we abolish our revenue system. We con.senting to do this, they remain quiet. But if we go a hair's breadth towards enforcing that system, they present secession. We have seces- sion on one liand, and nullidcation on the other. The senator from South Carolina admitted the other day tliat no such thing as constitutional secession coidd exist. Then civil war, disunion, and anarchy must accompany secession. No one denies the right of revolution. That is a natund, indefea-sible, inherent right — a right which we have exercised and held out, by our example, to the civilized world. Who denies it? Then we have revolution by force, not con- stitutional secession. That violence must come by secession is certain. Another law passed by the legislature of South Carolina, is entitled a bill to provide for the safety of the people of South Carolina. It advises them to put on their armor. It puts them in nzilitary array ; and for wliat purpose but for the use of force 1 The provisions of these laws are infinitely worse than those of the feudal system, so far as they apply to the citizens of Carolina. But with its opera- tions oil their f)',vn citizens he had nothing to do. Resistance was just as inevitable as the nrrival of the day on the calendar. In addition to these documents, what did rumor say — ru- mor, which often falsifies, but sometimes utters trutn. If we judge by newspajwr and other reports, more men were now ready to take up arms in Carolina, than there were during the re- volutionary struggle. The whole State was at this moment in arms, and its citizens are ready to be embattled the moment any attempt was made to enforce the revenue laws. The city of Charles- ton wore the appearance of a military depot." The Bill was opposed with a vehemence rare'y witnessed, and every effort made to render it odious to the people, and even to extend the :■ lium to the President, and to all persons in- stnimental in bringing it forward, or urging it through. Mr. Tyler of Virginia, was one of its warmest opposers, and in the course of an elabo- rate speech, said : "In the course of the examination I have made into this subject, I have been led to analyze (.ertain doctrines which have gone out to the world over the signature of the President. I know that my language may be seized on by tliose who arc disposed to carp at mj' course and to misrepresent me. Since I have held a place on this tioor, I have not courted the smiles of the Executive; but whenever ho had done any act in violation of the constitutional rights of the citizen, or trenching on the rights of the Senate, I have been found in opp«)sition to him. When he appointed corps of editors to otiice, I thought it was my duty to oppose his C(jurse. When he appointed a minister to a foreipi court without the sanction of the law, I also went against him, because, on my conscience, 1 be- lieved that the act was wrong. Such was my course, acting, as I did, under a sense of the duty I owed to my constituents ; and 1 will now say, I care not how loudly the triunpet may bo sounded, nor how low the priests may bend their knees before the object of their idolatry. I will be at the side of the President, crying in nis ear, ' Remember, Philip, thou art mortal ! ' " I object to the first section, because it con- fers on the President the power of closing old ports of entry and establishing new ones. It has been rightly said by the gentleman from Kentucky [Mr. Bibb] that this was a prominent cause which led to the Revolution. The Boston port hill, which removed the custom-house from Boston to Salem, first roused the people to re- sistance. To guard against this very abuse, the constitution had confided to Congress the power to regulate commerce ; the establishment of ports of entry formed a material part of this power, and one which required legislative enact- ment. Now I deny that Congress can deputize its legislative powers. If it may one, it may all ; and thus, a majority here can, at their pleasure, change the very character of the government. The President might come to be invested with authoritj' to make all laws which his discretion might dictate. It is vain to tell me (said Mr. T.) that I imagine a case which will never exist. I tell you, sir, that power is cumulative, and that patronage begets power. The reasoning is un- answerable. If you can part with your power in one instance, you may in another and another. You may confer upon the President the right to declare war ; and this very provision may fairly be considered as investing hira with authority to make war at his mere will and pleasure on cities, towns, and villages. The prosperity of a city depends on the position of its custom-houso and port of entry. Take the case of Norfolk, Richmond, and Fredericksburg, in my own State; who doubts but that to remove tho custom-house from Norfolk to Old Point Com- fort, of Richmond to the mouth of Chickah or of Fredericksburg to Tappahannock or Ur- banna, would utterly annihilate those towns 1 I have no tongue to express my sense of the pro- bable injustice of the measure. Sir, it involves tho innocent with the guilty. Take the case of Charleston ; what if ninety-nine merchants were ready and willing to comply with your revenue laws, and that but one man could be found to resist them; would you run the hazard of destroying the ninety-nine in order to punish one ? Trade is a delicate subject to touch ; once divert it out, of its regular channels, and "n r «^^ 'A . I n i 'iSv ., "I! »' 332 TniRTV YEARS' VIRW. ■ k .'■'. ^ b% 1'. 1 ■ ■'M 1 t -fi nolliint: is inoro tliflicult tliiin to restore it. Tills luoiisiirc iiiny involve the actniJ ]>roi)erty of every iiiiin, woiiinn, nnd child in timt city ; aii'l this, too. when you have a reihinduncy of millions in your treasury, and when no interest can sustain injiny liy awaiting the actual occur- ri'uce of a case of resistance to your laws, hefore you would iiavo an opportunity to lexislato. '• lie isfurther nnpowered to employ the land and naval forces, to ])ut down all 'aidi-rs and abettors.' How far will this authority extend ? Supi>ose the le^islatiire of South Carohna should hapjK'n to 1r' in session : I will not hlink the question, suppose the legislature to l»c in sesBion at the time of any disturbance, passinj; laws in furtherance of the onlinanco which ha.s been adopted by the convention of that State; minht they not be considered b}' the I'resident an aiders ami abettors ? The I'lvsident inipht not, |H'r- haps, march at tiie head of his troop.s, with a flourish of drums and triun|tets, and with bayo- nets lixt'd. into the state-house yard, at Colum- bia ; but. if l>e did so, he would iiiid a precedent for it in Knplish history. " There was no anibij^uity about this measure. The prophecy had already gone forth ; the Pre- sident has said that the laws will be obstructed. The I'resident had not only foretold the coming dirticulties, but he has also assendded an army. The city of Charleston, if report s|ioke true, was now a lieleagured city ; the cannon of Fort I'inckivy are jtoiutiug at it ; and although tliey are now quietly sleeping, they are ready to open their thunders whenever the voice of authority shall give the conunaud. And shall these ter- rors 1h' let loose because some one man may re- fuse to pay some small modicum of revenue, which Congress, the day after it came into the treasury, might vote in satisfaction of .some un- founded claim ? Shall we set so small a value upon the lives of the i)eople ? Let us at least wait to see the cour.re.serviiig governuient ; the Union may be anmhilated, yet goveriunent pre- .served ; but, under such a government, no man ought to desire to live." Mr. Webster, one (»f the committee which re- ported the bill, jastly rebuked all this vitup«Ta- tion, and justified the bill, both for the equity of its provision.., and the necessity for enacting them. Ho said : "The President, charged by the constitutior. with the duty of executing the laws, has sent us a me.'Jsage, alleging that powerful combina- tions are forming to re.si.st their execution ; tliat the existing laws are not sufliclent to meet the crisis ; and recouunending sundry enactiiicut.s as necessary for the occasion. The message be- ing referred to the Judiciary Conuuittte. tlint conunittee has reported a bill in compliance with the President's recommendation. It has nut gone beyond the message. Every ihing in the bill, ever}- single i)rovision, which is n.)vv com- plained of, is in the mes.sage. Yet the whole war is rai.sed against the bill, and against the committee, a.s if^ the conunittee had originated the whole matter, (lentlemen get up and ad- dress us, lUH if they wen* arguing against some measure of a factious oppositicm. They look the same way, sir, and speak with the same ve- hemence, as they used to do when they rai.sed their ])atriotic voices against what they called a 'coalition.' '• Now, sir, let it be known, once for all, that this is an administration measure ; that it is the President's own measure ; and I i)ray gen- tlemen to have the goodness if they call it hard names, and talk loudly agamst its friend.s, not to overlook its source. Let them attack it, if they choo.xc to attack it. in its origin. '' Let it be known, also, that a majority of the committee reporting the bill are friends and supporters of the administration ; and that it is maintained in this house \>j tho,sc who are among liis steadfast frienc'.-:, of long standing. "It is. sir, as I have already said, the Presi- dent's own measure. Ix-t those who oppose it, oppose it as such. Let them fairly acknowledge its origin, and meet it accordingly. " The honorable member from Kentucky, who spoke first against the bill, said he found in it another Jersey prison-ship ; let him state, then, ANNO IPnn. ANDREW JACKSON, PRI-SIDKNT. 333 that the ProHidont lins scut a nioHHnpo to Con- pri'ss, rt'coininoiidinp a ri-nowul of tin* HiitlVriiif^H and liorrorH of tlu' tlt-rsey prison-sliin, IU>. fiayH, too, timt tliu bill KiinirH of t)ii> aliun niul Hoilitioii law. Hut the bill Ih friinraiit of no flower cxcopt the wiiiu' whirh m'rfuiiu'H the ini'HHftKe. Lot him, then, nay, if he thinkH ho, tliut (Jenerul Jiu'kHon lulvises a revival of the prineiplcH of the alien and sedition lawH. " 'l"he honorable nieinber from Virginia [Mr. Tyler], linds out a rosemblanee la'tween this hill and the Ilost(m port bill. Sir, if one of tlu'!»o be inxitated from the other, the imitation is the President's. Tlie bill makes the I'resi- (lent, be says, sole jndjte of tlie eonstitution. Does be mean to say that the President has reeonniieiided a measure which is to make him Kole judf;e of the constitution ? The bill, be dc- ciai'es, sucrilices every tbinn to arbitrary power — he will lend no aid to its passage — he would rather 'be a doj:, and bay the moon, than such a Homan.' He did not say 'the old Uoinan.' Yet tlie (jentlt man well knows, that if i.ny thing is sacriliceil to arbitrary power, the sacrillce lias been demanded by the 'old lloman,' as he and others have called him ; by the President whom he has supported, so often and so ably, for the chief magistracy of the country. lie says, too, that one of the sections is an English Jiotany IJay law, except that it is much wor.se. This .section, sir, whatever it nuiy be, is just what the President's message recommended. Similar observations are applicable to the re- marks of both the honorable gentlemen from North Carolina. It is not necessary to particu- !aii/e those remarks. They were in the same btrain. "Therefore, sir, let it be understood, let it bo known, that the war which these gentlemen choose to wage, is waged against the measures of the adjnini.stration, against the President of their own choice. The controversy has ari.scn between him and them, and, in its jirogrcss, they will probably conic to a distinct under- standing. " Mr. President, I am not to be understood as admitting that the.se charges against the bill are just, or that they would l>e just if made against the mes.sage. On the contrary, F think them wholly unjust. No one of them, in my opinion, can be made good. I think the bill, or some similar measure, had become indisj)ensable, and that the President could not do otherwise than to recommend it to the consideration of Con- press, lie was not at liberty to look on and be silent, while dangers threatened the Union, which existing laws were not competent, in his judgment, to avert. " Mr. President, I take this occasion to say, that I support this measure, as an independent member of the Senate, in the discharge of the dictates of my own conscience. I am no man's leader ; and, on the other haml. I follow no lead, but that of public duty, and tJie star of the con- stitution. 1 believe the country is in consider- able danger; T believe an unlawful combination threatens the integrity of the I'nion. I In-lieve the crisis calls for a mild, ten»|H'rate. forlic>aring, but inflexibly firm execution of the lawH. And, under this conviction, I give a hearty r!), were the asHumed source of the power itself oh applicable to our federal and State governments ; but the essential idea of nations of the general government, the joint agent of all the States, to the States themselves, to be de- cided, under the amending power, affirmatively, in favor of the government, by the voice of ■if,:ee-fourthsof the States, as the highest power known under the system. "Mr. C, said that he knew the difficulty, in our country, of establishing the truth of the l)r'ncip!c for which he contended, though rest- ing upon the clearest reason, and tested by the universal experience of free nations. !fe knew that the governments of the several St.ttes would be cited ns an argument against the orclusion to which he had arrived, ar.d which, for the most part, were constructed on tbt principle of the absolute majority ; but, in his opinion, a satisfactory answer could be given ; that the objects of expenditure which fell within the sphere of a State government were few and in- considerable ; so that, be their action ever so irr'.'gulrr it could occasion but little derange- ment. If, instead of being memlwrs of this great confederacy, they 'brmed distinct commu- nities, and were compelled to raise armies, and incur other expenses ncces.sary for their ''ofence, the laws which he had laid down as necessarily controlling the action of a S .te, where the will of fiU absolute and unchecked majority prevailed, would speedily disclose themselves in faction, anarchy, and cormption. Even as the case is, tho opcation of the causes to which he had re- ferred were perceptible 1:: some of the larger and more populous members of the Union, whc'se governments had a powerful central action, ami which already showed a strong tendency to that moneyed action which is the invariable forerun- ner of corruption and convulsions. "But to return to the general gove.iui.rv* ; wo have now sufSciont experience to ascertain that the tendency to conflict in this action is between Southern on.l other sections. The lat- ter. h"7ing ii decided majority, must habitually be possessed of the powers of the government, both in this and in the other House ; and, being governed by that instinctive love of power so natural to the human breast, tiiey must become the advocates of the power of government, and in the same degree opposed to tho limitvtions ; while the otiier and weaker section is as nea>H- .sarily thrown on the side of the limitations. In one rt'ord, the one section is the natural guar- dian of the delegated powers, and the other of the reserved ; and the struggle on the side of the former will be to enlarge the powers, while that on the oi)posite side will be to restrain them within their constitutional liniits. The contest will, in fact, be a contest between power and liberty', and such he considered the present ; a contest m which the weaker section, with its peculiar labor, productions, and situation, has at stake all that can be dear to freemen. Should they be able to maintain in their full vigor their reserved rigl'.'s, liberty and prospi-rily will Ije their portion ; but if they yield, and permit the stronger interest to consolidate within itself ail the powers of the government, then will its fate lie more wretched thim that of the aborigines whom they have expL-lled, or of their slaves. In this great struggle between the delegated and reserved powers, so far from repining that his lot and that of those whom he re])ri>sented is east on the side of the latter, he rtjoiced that such is (he fact; for tliough wc participate in but fi".v of the advantages o^ the government, we fire nmi- pensatcd, and nuire tlmn compensated, in not ln.'ing BO much exposed to its corruption. \,.r (lid he repine that the duty, so difficult to he discharged, as the defence of the reserved powers against, apparently, such fearful odds, had Ikth assigned to them. To discharge successfully this high duty requires the highest qualitieis. moral and intellectual ; and, should you perfdrni it with a zeal and ability in proportion to its magnitude, instead of bv?ing mere planters, our section will become distii>guishcMl for its patriot!! and statesmen. But, on the other hand, if we prove unworthy of this high destiny, if wc yield to the steady encroachment of power, the se- verest and most debasing calamity ..m1 cornip- tion will overspread the land. Every iSoutliirn man, true to the interests of his section, and faithful to the duties which Providence has allotted him, will Ik* for ever excluded from the hont)rs and enjoluinents of this government. which will be reserved for those only who have qualified themselws, by political prostitution, for admission into the Magdalen Asylum." In this extract from that remarkable speech, the first one in which Mr. Calhoun defendinl nullification and secetfsion in the Senate, and in v.iiicn every word bears the impress of intciiw thought, there is distinctly to be seen his opin- ■'I .:i ANNO 1888. ANDREW JACKSON, PRESIDENT. 337 ; in this action is icctions. The lat- f must habitually if the government, House; and, being love of power so tiicy must become f government, and to the limitfc'.tions ; section is as nca-s- the limitations. In 8 the natural guar- s, and the other of gie on the side of c the powers, while will be to restrain itional limits. The litest between power isidcred the present; ker section, with its and situation, has at to freemen. Should their full vigor their d prosperity will k yield, and permit the date within itself all ent, then will its fate »at of the aborigints \ or of their slaves, e'en the delegated and u repining that his lot rcpresenU'd is east on joiced that such is tlic icipate in but f<".v cf eminent, we fiiv com- compensateil, in not its corruption. N.r Lity, so dilliciilt to lie of the reserved powors fearful odds, had been lischarge successfully the highest qualities, ul, should you perform |y in proportion to its ^g mere planters, our guished for its patriots the other haml, if «e igh destiny, if we yield lent of power, the «•• calamity ..^d cornip- land. Every vSontliern Xs of his section, and A'hich Providence lias Ivcr excluded from the of this government, ,r those only who have political prostitution, agdalen Asylum." liat remarkable spocob, iMr. Calhoun defended L in the Senate, and in 1 the impress of intense lly to be seen his opin- ion of the defects of our duplicate form of go- vernment (State and federal), and of the remedy for those defects. I say, in our form of govern- ment; for his speech had a practical application to ourselves, and was a defence, or justification of the actual raeasures of the State he lepix'sentcd. And this defect was, the unchecked authmity of a majority ; and the remedy was, an au- thority in the minority to check that majority, and to secede. This clearly was an absolute condemnation of the fundamcnta. principle upon which the administration of the federal consti- tution, and of the State con^->titutions rested. But he did not limit himself to the benefits of the veto and of aeceaaion, as shown in Roman history ; h-i had recourse to the Jewish for the game purpose — and found it — not in a veto in each of the twe've tribes, but in the right of secession ; and found it, not in the minority, but the majority, in the reign of Jeroboam, when ten tribes seceded. That example is thus intro- duced : " Among the few exceptions in the Asiatic nations, the government of the twelve tribes of Isra.'l, in its early period, was the most striking. Their government, at first, was vi mere confedera- tion, without any central power, till a military chieftain, with the title of king, was placed at its head, without, however, merging the original organization of the twelve distinct tribes. This was the conmienccment of thr»t central action among that peculiar people, which, in three generations, terminated in a permanent tlivision of their tribes. It is impossible even for a care- less reader to peruse the history of that event without being forcibly struck with the analogy in the causes which led to their separation, and those which now threaten us with a similar calamity. With the establishment of the central ]io\ver in the king commenced a system of tax- ation, which, under king Solomon, vvi's greatly increased, to defray the expense of rearing the temple, of enlarging and cmlnllishing Jerusalem, tlie seat of the central governinc it, and the other profuse expenditures of his magnilieent reign. lncrca.sed taxation was followed by its natural ponsequenres — discontent anfi complaint, which k'fore his death began to excite resista-.^-e. ( )n tlie succession of his son, Ueliohoani, the ten tiilies, headed by Jeroboam, House was under con- sideration for that purpose — and when his own " compromise " bill was in a state of concoction, and advanced to a stage to assure its final pa8B< ing. Strong must have been Mr. Calhoun's desire for his favorite remedy, when he could contend for it under such circumstances — under circumstances which showed that it could not be wantetl for the purpose which he then avowed. Satisfied of the excellence, and even necessity in our system, of this remedy, the next (luestion was to create it, or to find it ; create it, by an amendment to the constitution ; or find it alre.idy existing there ; and this latter was done by a new reading of the famous Virginia resolutions of '98-'00. The right in any State to arrest an act of Congress, and to stay it until three fourths of the States ordered it to proceed, and with a light forcibly to resist if any attempt was made in the mean time to enforce it, with the correla- tive right of secession and permanent separation, were all found by him in these resolutions — the third especially, which was rend, and commented upon for the purpose. Mr. Rives, of ^'irginia, repulsed that interpretation of the act of his State, and showed that an apiieal to public opin- ion was all that w.is intended ; and quoted the message of G ovenior Jlonroc to show that the judgment of the federal court, under one cf the acts declared to he unconstitutional, was curried into etlect in the cajntal of Virginia with the onler and tran(iuiility of any other judgment. He said : " But, sir, the proceedings of my State, on onother occasion of far higher miportauce, havft 338 THIRTY YEAllS' VIEW. flW' >■:*■■■ 1 i- been so frequently referred tOj in the course of this debate, as an example to justify the present proceedinp^s of South Carolina, that I may be excused for saying something of them. What, then, was the conduct of Virginia, in the me- morable era of '98 and '99 ? She solemnly pro- tested against the alien and sedition acts, as ' pal- pable and alarming infractions of the constitu- tion ; ' she communicated that protest to the other States of the Union, and earnestly appealed to them to unite with her in a like declaration, that this deliberate and solemn expression of the opinion of the States, as parties to the constitu- tional compact, should have its proper effect on the councils of the nation, in procuring a revi- sion and repeal of the obnoxious acts. This was 'the head and front of her offending' — no more. The whole object of the proceedings was, by the peaceful force of public opinion, embodied through the organ of the State legislatures, to obtain a repeal of the laws in question, not to oppose or arrest their execution, wliile they re- mained unrepealed. That this was the true spirit and real purpose of the proceeding, is abundantly manifested by the whole of the able debate wliich took place in the legislature of the State, on the occasion. All the speakers, who advocated the resolutions which were finally adopted, distinctly placed them on that legiti- mate, constitutional ground. I need only refer to the emphatic declaration of John Taylor, of Caroline, the distinguished mover and able champion of the resolutions. He said ' the ap- peal was to public opinion ; if that is against us, we must yield.' The same sentiment was avowed and maintained by everj' friend of the resolutions, throughout the debate. "But. sir, the rcal intentions and policy of Virginia were proved, not by declarations and speeches merely, but by facts. If there ever was a law odious to a whole people, by its daring violation of the fimdamental guaranties of public liberty, the freedom of speech and free- dom of the press, it was the sedition law to the people of Virginia. Yet, amid all this indignant dissatisfaction, "after the solemn protest of the legislature, in '98, and the renewal of that pro- test, iu '99, this most odious and arbitrary law was peaceabh'^ carried into execution, in the capital of the State, by the pro.secution and pim- ishmcnt of Callender, who was fined and im- prisoned for daring to canvass the conduct of our public men (a.s Lyon and Cooper had been elsewhere), and was still actually imprisoned, when the legislature assembled, in December, 1800. Notwithstanding the excited sensibility of the public mind, no popular tumult, no legis- lative interfoi'ence, disturbed, in any manner, the full and peaceable execution of the law. The Senate will excuse me, I trust, for calling their attention to a most forcible commentary on the true cliarjictor of the Virginia proceedings of 98 and '99 (;is illustrated in this tran.sactioii), which was coiitJiined in the official communication of Mr. Monroe, then GoTcruor of the State, to the legislature, at its assembling, in December, 1800. After referring to the distribution which had been ordered to be made among the people, of Mr. Madison's celebrated report, of '99, he says : ' In connection with this subject, it is proper to add, that, since your last session, the sedition law, one of the e ts complained of, has been car- ried into effect m this commonwealth, by the decision of a <",deral court. I notice this event, not with a view of censuring or criticising it. The transaction has gone to the world, and the impartial will judge bf it as it deserves. I no- tice it for the purpose of remarking that tl decision was executed with the same order and tranquil submission, on the part of the people, as could have been shown by them, on a similar occasion, to any the most necessary, constitu- tional, and popular acts of the government.' " !Mr. Webster, in denying the derivation of nul- lification and secession from the constitution, said: " The constitution does not provide for events which must be pi\ceded by its own destruction. Secession, therefore, since it must bring these consequences with it, is revolutionary. And nullification is equally revolutionary. AVhat is revolution ? Why, sir, that is revolution which overturns, or controls, or succes.«fully resists the existing public authority ; that which arrests the exercise of the supreme jwwer ; that wliicli introduces a new paramount authority into tlic rule of the state. Now, sir, this is the precise object of nullification. It attempts to supersede the supreme legislative authority. It arrestii the ann of the Executive Magistrate. It inter- rupts the exercise of the accustomed judicial power. Under the name of an ordinance, it de- clares null and void, within the State, all the revenue laws of the United States. Is not this revolutionary ? Sir, so soon as this ordinance shall be carried into effect, a revolution will have commenced in South Carolina. She will have thrown off the authority to which her citizens have, heretofore, been subject. She will have declared her own opinions and her own will to be above the laws, and above the p^^wer of those who are intrusted with their administnition. If she makes good these declarations, she is re- volutionized. As to her, it is as distinctly a change of the supreme power as the American llevolution, of 177(). That revolution did not subvft government, in all its forms. It did'' si'.'n'crt local laws and municipal administia- tiu;is. It only threw off the dominion of a power claiming to be superior, and to have a right, in many important respects, to exercise legislative authority. Thinking this authority to have been usurped or abused, the American colonies. now the United States, bade it defiance, and fieetl themselves from it, by means of a revolu- tion. But that revolution left them with their own municipal laws still, and the forms of lncal government. If Carolina now shall effcctuall/ r-^- ANNO 1883. ANDREW JACKaON, PRESmENT. 339 December, 1800. ition which had ng the people, of t, of '99, he says : ct, it is proper to sion, the sedition > of, has been car- onwealth, by the notice this event, or criticising it. the world, and the t deserves. I no- marking that tl he same order and part of the people, them, on a similar iccessary, constitu- te government.' " le derivation of nul- m the constitution, )t provide for events its own destruction, it must bring these evolutionary. And lutionary. What is t is revolution which accessfuUy resists the ; that which arrests c iwwer ; that winch nt authority into the ir, this is the prcciM' attempts to superswk uthority. It arrestii ilagistrate. It nittr- accustomed judicial l)f an ordinance, it dc- lin the State, all the d States. Is not tins ,on as this ordinance a revolution will have alina. She will have Ito which her citizens )ject. She will have ; and her own will to ke the r^wcr of those their administration, cclarations, she is rc- it is as distinctly a pwer as the American Iftt revolution did not its Torms. It did '' unicipal administu- ,e dominion of a power l,id to have a right, m to exercise legislative lis authority to have the American colonies. bade it dettauoc, and by means of ft revolu- ,n left them with their and the forms of h'cal now shaU effcctu»Uy resist the laws of Congress — if she shall be her own judge, take her remedy into her own hands, obey the laws of the Union when she pleases, and disobey them when she pleases — she will relieve herself from a paramount power, as dis- tinctly as did the American colonics, in 177G. In other words, she will achieve, as to herself, a revolution." The speaker then proceeded to show what nullification was, as Induced to practice in the ordinance, and other proceedings of South Caro- lina ; and said : m " But, sir, while practical nullificat'x n ... South Carolina would be, as to herself, actual and distinct revolution, its necessary tendency must also be to spread revolution, and to break up the constitution, as to all the other States. It strikes a deadly blow at the vital principle of the whole Union. To allow State resistance to the laws of Congress to be rightful and proper, to admit nullification in some States, and yet not expect to sec a dismemberment of the en- tire government, appears to me the wildest illu- BJon and the most extravagant folly. The gen- tleman seems not conscious of the direction or the rapidity of his own course. The current of his opinions sweeps him along, he knows not whither. To begin with nullihcation, with the avowed intent, nevertheless, not to p'Dceed to Rccssion, dismemberment, and general revolu- tion, is as if one were to take the plunge of Niagara, a*id cry out that he would stop half- way down. In the one case, as in the other, tlie rash adventurer must go to the bottom of the dark abyss below, were it not that that abvss has no discovered bottom. ''Nullification, if successful, arrests the power of the law, absolves citizens from their duty, subverts the foundation both of protection and obedience, dispenses with oaths and obligations of allegiance, and elevates another authority to supreme command. Is not this revolution ? kni it raises to supreme command four-and- twciity distinct powers, each professing to be under a general government, and yet each set- ting its laws at defiance at pleasure. lu not this anarchy, as well as revolution ? Sir, the Constitution of the United States was received as a whole, and for the whole country. If it cannot stand altogether, it cannot stand in piirts ; and, if the laws cannot be executed tvery where, they cannot long be executed any wliuR'. The gentleman very well knows that all duties and imposts must be uniform through- out the country. He knows that we cannot have one rule or one law for South Carolina, and another for other States. lie mu.st . i-e, tlimfore, and does see — every man sees — that the only alter lative is a repeal of the laws throughout the whole Union, or their execution I in Carolina as well as elsswhere. And this re- peal is demanded, because a single State inter- (oses her vcto^ and tlm^teos resistance ! The result of tic gentleman's opinions, or rather the very text of his doctrine, is, that no act of Con- gress can Vindall the States, the constitutionali- ty of whicii is not admitted by all ; or, in other words, that no single State is bound, against its own dissent, by a law of imposts. This was precisely the evil experienced under the old confederation, and for remedy of which this constitution was adopted. The leading object in establishing this government, an object forced on the country by the condition of the times, and the absolute necessity of the law, was to give to Congress power to lay and collect im- posts without the consent of particular States. The revolutionary debt remained unpaid ; the national treasury was bankrupt; the country was destitute of credit ; Congress issued its requisitions on the States, and the States neg- lected them ; there was no power of coercion but war; Congress could not lay imposts, or other taxes, by its own authority; the whole general government, therefore, was little more than a name. The articles of confederation, as to purposes of revenue and finance, were nearly a dead letter. The country sought to escape from this condition, at once feeble and disgrace- ful, by constituting a government which should have power of itself to lay duties and taxes, and to pay the public debt, and provide for the gen- eral welfare ; and to lay these duties and taxes in all the States, without asking the consent of the State goverments. This was the very power on which the new constitution was to de- pend for all its ability to do good ; and, without it, it can be no government, now or at any time. Yet, sir, it is precisely against this power, so absolutely indisj)cnsablc to the very being of the government, that South Carolina directs her ordinance. She attacks the government in its authority to raise revenue, the very mainspring of the whole system ; and, if she succeed, every movement of that system must inevitably cease. It is of no avail that she declares that she does not resist the law as a revenue law, but as a law for protecting manufactures. It is a reve- nue kw ; it is the very law by force of which the revenue is collected ; if it be arrested in any State, the revenue ceases in that State ; it is, in a word, the cole reliance of the government for the means of maintaining itself and performing its duties." Mr. Webster condensed into four brief and pointed propositions his opinion of the nature of our federal government, as being a Union in contradistinction to a Leaguk, and as acting upon INDIVIDUALS in contradistinction to States, and as being, in these features discriminated from the old confederation. " 1. That the constitution of the United States is not a league, confederacy, or compact, between the people of the several States in their sove- reign capacities ; but a governmcut propcTi 340 TIIIRIT YEARS' VIKW. >,■ .■; foiiinlod on tlic ndoption of the pi'oplc, ninl CTiMtiiip direct rclutionB between itself and in- dividnnlH. *• 2. That no Stale authority has power to dis- solve thvnc relations ; that nothing can dissolve them l)ut revolution ; and that, consequently, there can be no such thing as secession without revolution. " 3. That there is a supreme law, consisting of the constitution of the United States, acts of Congress j)ussed in pursuance of it, and trea- ties ; antl that, in cases not capable of assuming the character of a suit in law or equity, Con- gress nuist judge of, and finally interpret, this su|)reme law, so often as it has occasion to piuss acts of legislation ; and, in cases ca])ablc of as- suming, and actuall)' assuming, the character of a suit, the Supreme Court of the Unitcn a provision of the constitution, between a majori- ty of the people of South Carolina, on one side, and a vast majority of the whole people of the United States on the other. It will not credit the fact, it will not admit the possibility, that, in an enlightened age, in a free, popular repub- lic, under a government whore the jjoople gov- ern, ns they must always govern, under such systems, by majorities, at a time of unpreoe- dentcd happiness, without practical oppression, without evils, such as may not only be pretend- ed, but felt and experienced ; evils not slight or temporary, but deep, pennancnt, and intolera- ble ; a single State shoidd rush into contiict with all the rest, attempt to put down the power of the Union by her own laws, and to 6up|)ort those laws by her military jiower, ami thus break up and destroy the world's last hop«. Aud well the world may bo incredulous. We, who hear and see it, can oureelves hardly yet In-lieve it. Even after all that had preced- ed it, this ordinanco struck the country with amazement. It was incredible and inconceiva- ble, that South (Carolina should thus pliuigc headlong into resistance to the laws, on a mat- ter of opinion, and on a question in which tlio preiwndcrancc of opinion, both «if the present day and of all past time, was so overwhelming- ly against her. The ordinance declares that Congress has oxcoedcd its just power, by laying duties on imports, intended for the protection of manufactures. This is the opinion of South Carolina ; and on the strength of that opinion she nullifies the laws. Yet has the rest of the count rj' no right to its opinions also ? Is one State to sit solo aibitress ? She maintains that those laws are plain, deliberate, and palpable violations of the constitution ; that she has a sovereign right to es on the South Carolina proceedings, and in which he alluded to the ambitious and personal fvelinpi which might be involved in them. Certaiidy it wa.s absolutely incomprehensible tliat this doc- trine of nullification and secession, prcfigua>d in the Roman secession to the sacred mount, antl the .Jewish disruption of the twelve tribes, tihould be thus enfora-d, and impressed, for that cause of the tariff alone ; when, to say nothing of the intention of the President, the Congress ond the country to reduce it, Mr. Calhoun himself had provided for its reduction, satisfactorily to him- self, in the act called a '"compromise;" to which he was a full contracting party. It was ini])os- .sible to believe in the soleness of that reason, in the presence of circumstances which annulled it ; and Mr. Calhoun himself, in a part of his spcccli which had been quoted, seemed to revoiil & glimpse of two others — slavery, about which there was at that time no agitation — and ihu presidency, to which patriotic Southern nun could not be elected. The glimpse exhibited of the first of these causes, was in this sentence ; " T/ie conti'st (l)etween the North and the South) will, infuctfbe aconleal between jjoKtr ANNO 1888. ANDREW JACKSON, PRESIDENT. 341 ourncWos hnrdlv Ihftt had prcced- hc country with I and inconceiva- uld thus pUiiih'c liiwB, on a niat- tion in vrliich the h of t*>o pi'c'ic"* BO overwhelming- ncc dcclures that L itower, hy laying [br the pn^tection . opinion of So\ith til of that opinion hius the rest of the ions also 1 la one She maintains that raU', and palpable n ; that she has a 4 matter; and, that, uthorized to resist „ sovereign power -, ;\W resist it, thoush tter the Union u>to ,ctt8, had been still ression of the belief ract from his speech lat the discontent in , deeper than that of ickson intimated the to the two Ilouyes on cdinpa, and in which and personal feelings II them. Certainly it [ensiblc that this res8ed,for that cMse to say nothing of the the Congress and llic Calhoun himself had I satisfactorily to him- '.mpromise;" to which Iparty. U was imiws- Lnessofthat reason, m [ices which annulled it; in a part of his speech seemed to reveal & .slavery, about which no agitation— ami the Atriotic Southern mn L glimpse exhibited ol was in this sentence '. ' the North and tlie conlesl beliceeii jjoirir and Uherlij, and such he considered the pre- gcnt; a content in which t/ie ueaker section, with its peculiar labor, productions and situ- ation, ha.t at stake all that is dear to freemen,'''' Here is a distinct declaration that there was tlien a contest between the two sections of the Union, and that that contest was bel ween power and lilK-Tty, in wiiich the fivcdoni and the slave proi)erty of the South were at stake. This de- claration at the time attracted but little atten- tion, there being then no sign of a slavery agitation ; but to close observers it was an ominous revelation of something to come, and ati a|)i)arent laying an anchor 844 TniRTY YEARS' VIEW. tion of his threat. He oxTcutcd it, and in'ivt'eiug enough to pass it without him, Mr. Calhoun ehould be spaivd the humiliation of appcarhig on the record in its favor. This was told to Mr. Clayton, wlio declared it to be im- jjossible — that Mr. Calhoun's vote was indis- iwnsable, as nothing would be considered secured by the passage of the bill unless his vote appeared for every amendment separately, and for the whole bill collectively. When the Senate met, and the bill was taken up, it was still unknown what ho would .'lo ; but his friends fell in, one after the other, 'ielding their objections upon diflerent grounds, ind giving their assent to this most flagrant ir stance (and that a new one), of that protective legislation, against which they were then raising ♦ roops in South Carolina ! and limiting a day, and that a short one, on which bIio was to be, ip.to facto, a seeeder from the Union. Mr. Calhoun remained to the last, and only rose when the vote was ready to 1k' taken. and prefaced a few remarks with the very notable declaration that he hivd then to "deteniiine" which way he would vote. He then declared in favor of the amendment, but upon conditions which he desired the reporters to note ; and which being futile in themselves, only showed ihe desperation of his conditicm, and the stjite of Jrapossibility to which he was reduced. Sev- eral :^enator8 let him know immediately the futility cf his conditions ; and without saying more, he vc^ed on ayes and noes for the amend- ment ; and afterwards for the whole bill. And ithia ooncludinj,' scene appears quite correctly reported in the authentic d'hatcs. And thu<) the (|uestion of mastery iu this famous "com- piomisc," mooted in the Senate by Mr. Clay and .Mr, Calhoun as a problem U'tween themselves, is shown by the inside view of this bit of history to iHflong to neither of them, but to Mr. John M. Cliiyton, under the instrumentality of Oen. •Jackson, who, in the presidential election, had uidiorscd ^Ir. Clay and all his systems ; and iu Ms uetermination to execute the laws upon Mr Calhoun, had left him without remedy, except in the resource of this "compromise." Upon the "iitsidc history of this mca.sure whi?h I havt •oni; iled, likeaf 'ironicler from the docuu)entary m. (eiials, Mr. Calhoun and Air. Clay appear a.s aster spirits, appeasing the storm which thoy l.id '-aiseil ; on the in.side view they appear us siiS "u agents dominated by the necessities of their (vrndition, and providing for themselves instead of their country — Mr. Clay, in .-^^iving the protective policy, and preserving the support of the manufacturers; and Mr. Calhoun, in sav- ing himself from the perils of his condition : and both, in leaving themselves at liberty to act to- getl'.cr in future against General Jackson and Mr. Van Buren. CHAPTER LXXXTI. Co.\Il'UOMISE LKCISLATION; AND THE ACT, BO CALLKl), OK 1833. This is a species of legislation which wears a misiiomei — which has no foundation in the con- stitution — and which generally' begets more mis- chief than it assumes to prevent ; and which, nevertheless, is very jmpular — the name, though fictitious, being generally accepted for the reali- ty. Tlk're are compromises in the constitution, (i)iuided uj)on what gives them validity', namely, uuitual consent ; and they arc sacred. All com- promises arc agreements, made voluntarily by indt pendent parties— not Jmpo.«ed by one upon another. They may be made by compact — not by votes. Tlie majority cannot subject the mi- nority to its will, except in the present decision — cannot bind future Congres.ses — cannot claiin any sanctity for their acts beyond that which grows out of the circumstances in wh'ch they originate, and which address themselves to the ANNO 1833. ANDREW JACKSON, PRESIDENT. 345 lmt<'»». And thus irt famous "coiii- L'by Mr. Cluyund wi-en tbemselves, this bit of historj', but to Mr. John mentality of Gen. ■ntial election, had i systems ; and iu the laws ujwn Mr Hit remedy, except mpromise." Upon ;a.surc \vhi?'i I havt in the documentary Mr. Clay appear as storm which they iew they ajjpear U8 i by the necessities ding for themselves Jr. Clay, in ?Aving cservinp the support Mr. Calhoun, in sav- f his condition : and at liberty to act to- cneral Jackson and XXXTI. AND fllK ACT, 80 1833. fttion which wears a jundation in the con- lly begets more mis- pirvent; and which, r— the name, though iccepted for the rcali- in the constitution, hem validity, namely, are sacri'd. All coin- made voluntarily by imposed by one upon adc by compact— not aniiot subject the nii- tho present decision grcsses — cannot claim beyond that which tances in wh'eh they ■ess themselves to the !S moral sens* of their successors, and to reasons of jusiice or policy which hhoidfl o.xempt an act from the inherent fate of all ligislation. The net of 1^20, called the Missouri ('omi)roinisc, is ' one of the most respictable and intelligilih! of | tlii.-i species T le(" lation. it corr.posed t; na- tional com (.rsy, and uimn .v coii.sid<>rali )n. It divided /real province, and I'mut «M|iial- ly, be'.wen luveholding and non-slaveholding States. It Imitted a Stale into the I'nion ; and that Si "■ accep vd that admission uiwn the condition * lidelity to that compromise. And 'teiiit, foundeil in the inatcrial 'ik" .on of a line drawn upon the earth under an astronomical law, subject to no change and open to all nbser- ration. visible and tangible, it became an object susceptible of certainty, both in its breach and in its observance. That act is entitled to re- spect, espcciallj from the party which impose Hucred anil inviolab'r, and every citizen doomed to political outlawry that did not give in his adhesion, and bind himself to tho perpetuity of the act. I was one of those who refused this adhesion — who continued to s|H of such transcendent importance, as that tiiv States were severally possessed of the right to annul an act of Congress, and resist its extcii- tion, they would noi have used words to declare that meaning explicitly, or, that they would ju. timate covertly a doctrine they dared not avow. The constitution itself suggests several niwUs of inter|K)sition, competent for either the Stat* h or the people. It provides for the election (l,y a ixived system, popular and State), ut brief in- tervals, <'f all the functionaries of the fedcrul government ; and hence, the interposition of tiie will of the States and people to ellect a cliuii).'u of rulers ; hence, of policy. It provides timt freedom of speech and the press, shall not Ixt abridged, which is eciuivulent to a provi.^ion tluit those powerful means be |H-rpetuully intcrpdnd to affect the public conscience and sentiment— to counsel and alarm the public servants ; to influence public policy — to restrain and remedy government abuses. It ri'cognizes the rif:lit, and provides that it shall not be abridged, of the people " to assemble and petition the goviiii- ment for the redress of grievances ; " hence, con- templating that there may be grievances on the part of the government, and suggesting a means of meeting and overcoming them. Finally, it provides that, on the application of u designated proportion of the States, C(mgress shall cause a convention to be called, to provide, in the con- stitution itself, ghofdd it be judged necessary, additional securitiiK tr the States and the peo- ple, and additional restraints on the govern- ment. To act on the sentiments of the country, then ; to bring to their aid the potent engineji of the press and public harangues ; to move the people to jHitition and remonstrance against the obnoxious measures ; to draw the attention of other States to the abuses complained of, and to the latitudinous construction the federal au- thorities were giving to their powers ; and thns bring those States, in like manner, to act on their .senators and representatives, and on tiic public voice, so as to produce an unmcdiate remedy, or to co-opcrato in calling a convention ANNO 1838. A!a)REW JACKSON, PRESIDENT. 349 to provide further HcciiritivH — one or both ; tlicno aloiiu aru thu inoM of " hitvrposition " tho Vir- ginik ri'sohitionM of 1798 contemplated ; all they profesHotl ; all they attempted ; all that tho ro- golutioiiH, or their hintory, warrant to 1>o im- puti'd to them. These motleii of interposition nro all consistent with peace and order ; with obedience to tho laws, and rc8i)ect to the law- ful authoriticN ; tho very means, as was well Brpucd by tho supporters of the resolutions, to prevent civil strife, iuKubordinatinn, or revo- lution ; in all respects, the antiprMlea of nulli- fication. To enlarge somewhat on the force of the words of tho rcscilutions : The ripht and duty of" tho States" to inter|)Ose, certainly docs not mcnn tho right of "o State" ti» nullify and set at nought. The States — lens than tho whole num- ber — have n right to intorposo, secured, as al- ready shown, in the constitution ; and this, not only persuo-sively, but peremptorily ; to compel the action they may desire ; and it is demon- i^troblc, that it was this constitutional provision that the Virginia legislature harl in mind, as a list resort. The resolutions do not speak any where of the right of a State ; but use tho plural iiiuuiHjr, States. Virginia exercises the right that iKTtnins to a Statc^all the right that, in the premises, she pretends to — in passing the resolutions, declaring her views, and inviting the like action of her co-States. Instead, therefore, of the resolutions being identical with nullifi- cation, the two doctrines are not merely hostile, but exactly opposites ; the sum of tho Virginia doctrine Ix^ing, that it belongs to a State to take, 08 Virginia does in this instance, tho initia- tive in impeaching any objoctionnble action of the fetleral government, and to ask her co-States to co-operate in procuring the repeal of a law, a change of policy, or an amendment of the constitution — according as one or the other, or all, may 1)0 required to remedy ' ^• evil com- plained of; whereas, nullification ci , Ims, that a single State may, of its own motion, nullify any act of the federal government it object to, and stay its o]X!ration, until three fourths of all the States como to tho aid of the nati.yiiul authority, and re-enact the nullifitnl measure. One submits to tho law, till a mojority repeal it, or a conven- tion provides a constitutional remedy for it; tho other undertakes to annul the law, and suspend Its operation, so long as three fourths of the States arc not brought into active c(H)peratioa to declare it valid. Tho rvRolutionn maintaia tho government in all its function.s, only .necking to call into uho tho particular function of repi'al or amendment: nullification would stop tho functions of government, and arrest luws indefi- nitely ; and is incapable of being brought to ac- tual experiment, in a single instance, without a subversion of authority, or civil war. To this essential, radical, antagonistic degree do the Vir- ginia resolutions and the doctrine of nullification differ, one from the other ; and thus unjustly arc the Virginia republicans, of 1708, accused of planting tho seeds of dissoltitio; -a " deadly poison," OS Mr. Madison, himself, emphatically calls the doctrine of nullification — in tho insti- tutions they had so labored to construct. II. Upon their contemporaneojit interpreta- tion. Tho contemporaneous constniction of the reso- lutions is found in tho debates on their adoption; in tho responses to them of other State legisla- tures ; and in the confirmatory report prepared by the same author, and adopteople to insubordination and non- submissi >n to the IiViir. Mr. (ieorge K Taylor complained at the com- mencement of his speech, that the resolutions " contained a declaration, not of opinion, but of fact ; " and he appn-hended that '' the conse- quences of pursuing the advice of the resolutions would be insurrection, confusion, and anarchy ; " but the legal elllct and character that he at- tributed to thu resolutions, is shown in his concluding sentence, as follows : "Tho uioiuliers of tliat Congrcps which had jiassed those laws, had lieen, so far as he could undirstaud. since gt-nerally nM-lectwl ; therefore lie thought the |)i>opli- of the United States had decided in favor of their constittitionality, ami that siichan attempt as they were then making to induce Congress Ic n.'iK'al tho laws would be nugiitory." Mr. Brooke thought resolutions "declaring laws whicli had been made by the government of the United States to be unconstitutional, null and void," were "dangerous and improper;" that they had a " tendency to inflame the pub- lic mind ; " to lessen the confidence that ought to subsist iK'tween the repu'sentatives of the pi'ople in the general government and their coutitituents ; and to "' sap the very foumiations of the govermucnt, by producing resistance to its laws." Hilt that he did not apprehend the resolutions to be, or to intend, any thing Insyond an expn'ssion of sentiment, is evident from his further declaration, that he was opposed to the resolutions, and e(jually op])08ed to any mollifi- cation of them, that should be " intended as an expression of the general sentiment on the «ul>- juct, iH.>causu he conceived t to be an improper mode by which to express the wishes of the people of the State on the subject." General Lee thought tho alien and sedition laws " not unconstitutional ; " but if they were unconstitutional ho '' admitted the right of in- terposition on the part of the general assemblf" But ho thought these resolutions showed *' in- decorum and hostility," and were " not tho likeliest way to obtain a repeal of the laws." IIo "suspected," in fact, that " the repeal of tho laws was not tho loading point in view," hut that they •' covered " tho objects of " promotion of disunion and separation of tho States." The resolutions "struck him as recommending resist- ance. They declared the laws null and void. Our citizens thus thinking would disolx-y tho laws." His plan would be, if he thought tho laws unconstitutional, to let the people petition, or that the legislature come forward at once "with a proposition for amending the dcubifui parts of the cor stitulion ; " or with a " respiclfiil or friendly memorial, urging Congress to rejR'nl the laws." But he " admittei of the other opponents to tho resolutions were to the same elfect. On behalf of the resolutions, the principal speakers were, Mr. John Taylor, of Caroline, who had intrmluced them, Mr. Kuflin, Mr. .Nler- cer, Mr. Pope, Mr. roushee, Mr. Daniel, Mr. Peter Johnston, Mr. GiK's, Mr. James Barbour. They obviated tho objection of the BjKakers on the other side, that the resolutions " contuincd a de<-laration, not of opinion, but of fact." hy striking out the words which, in the original draft, declared the acts in question to be "nui!, voifl, and of no force or cH'ect ;" so a.s to make it manifest, as the advocates of the resolutions Maintained, that they intended nothing iH'yond ail expression of sentiment. They oliviatetl another objection which appeared in the original draft, which asserted the States aloiif to l»e the parties to the constitution, by striking out the word "alone." They thoroughly and siica'.'isfiil- ly combated both tho "suspicion" that they hid any' ulterior object of dissent! )n or disunion, and the "apprehension" that ■ . lesolutioiis would encourage insubordination among the im'()|>Ii'. They acceded to and afl'itmed, that their object wa« to obtain a repeal of the ollensive measures ; tluit ths reiiolutioiis might ultimately lead to a ANXO 1833. ANDREW JACKSON, PRESIDENT. 351 »c wishca of the JCt." lien aiul sedition but if they were I the ripht of in- encrul assoinbly" ons showed '' iu- were " not the )cbI of the laws." •' the repeal of the lint in view," but ctH of " promotion the States." The loniroending resist- ,WH null and void, ivould disolx-y the if he thoujiht the the people petition, « forward at once, ndinR the doublfui r with a "' resiKctful Coui^resH to ri'iu'id ed " the only ri(;lit crt for the St-.te, ose." The renitirk.H the resolutions were tions, the principal L'aylor, <>f Caroline, ^Ir. Kutlln, Mr. .^Il•r- ■c Mr. Panii'l, Mr. Blr. James Barbour. Itiun of the speakers solutions " contiuned |)n. but of fact;' by liich, in the original Lestion to be "null, ect ; " BO as to make 8 of the restdulions Ided nothin},' beyond it. They obviated ari'd in the oripnal ;ales (ilmir to be tlie by striking out the ighly and siieccssful- jicion" that they hid mm or disunion, and „ resolutions would among the pioi'l''- |ed. that their object olVensive measures; ultimately lead to a (xmvention for aminding the conrtitution, and that they were intended both to express and to .:.Tect public opinion ; but nothing more. iSay? Mr. Taylor, of Caroline : " If Congress .should, as was certainly possible, h^frislatc unconstitutionally, it was evident that in theory they have done wrong, and it only remained to consider whether the constitution is so defective as to have established limitations and reservations, without the means of enforcing tlu-in, in a iuo«le by which they could be made practically useful. Sup])oso a clashing of opin- ion should exist between Congress and the Slates, respecting the true limits of their consti- tutional territories, it was easy to sec, that if tlie right of decision had been vested in either parly, that party, deciding in the spirit of party, would inevitably have swallowed up the other. The constitution must not only have foreseen the possibility of such a clashing, but also the cousequen(« of a preference on either side as to its const! uction. And out of this foresight must have ari.sen the ilfth article, by which two tliinls of Congress may call upon the States for an explanation of any such controversy as the [.rt'sent ; and thus correct an crroueo\is construc- tion of its own acts by a minority of the States, wliilsl two thirds of the States are also allo.ved ti comiHsl Congress to ca.. a convention, in case so many should think an amendment neces- sary for the purpo.se of checking the unconsti- tutonal acts of that body Congress H the creature of the States and the people ■, but iiiihcr the States nor the |)eople are the creatures if Congress. It wouUI be eminently absurd, that the creature should exclusively construe the instrument of its own existence ; and there- iMc tiiis construction was reserved indiscrimi- nately to one or the other of those powers, of whicii CongresK was the joint work ; namely, ti the jK-'oplo whenever a convention was re- Nirti'd to, or to the States whenever theoperatiun shoulil lie curried on by three fourths." "Mr. Taylor then proceeded to apply these (iKstMvations to the threats of war, and the •lipnhension of civil commotion, ' towards which thi resolutions were said to have a tendency.' Xn the republicans, said he, ]>ossessed of tleets ami armies ? If not, to what could they ap|>eal f r ili'Hiu e and support ? To nothing, except |ulilic opinion. If that should bi> against them, they must yiehl; if for them, did gentlemen iiR'uii to say, that public will shouUl be us.sailed In force? .... And uguinst a State «hiih was pursuing the only possible and or- iliiiary mode of ascertaining the opinion of two tiiinls (if tiie States, by declaring its own and ^kinij theirs ? " " IK- iiloiTved that the n'sohitions hudlici'n ob- J'"iiil III lis couched in language ttK) strouf? oiid "iRiiMTe ; whilst it had alst) been said on the same Mill, thai if the laws were unconstitutional, the |ivuple ought to lly to aruu aud reuist them. To this he replied that he was not surprised to hear the enemies of the resolutions recommending measures which were either feeble or rash. Tim- idity only 8erveal, and produce a civil war. Ilence. those who wished to pnscrvc the |ieace, as well as the constitution, bad re- jected both alternatives, and chosen the middle way. They had uttered what they conceived to be truth, and they had pursued a .system which was only an appeal to public opiniciu ; becau.se that appeal was warrouted by the coustitutioa and by principle." Mr. Mercer, in reply to Mr. 0. K. Taylor, said-. " The gentleman from Prince CSeorgc had told the committee that the resolutions wrre cal- culated to rouse the people to resistance, to excite the people of Virginia against the federal government. Mr. Mercer did not see how such consequences could result from their adop- tion. They contained nothing nmn- than the sentiment which the jK^oplo in many parts of the State had expK'sscd, and which had Injen cr in Congress for a reiH>al." "The object (of the friends of the resolutions), in addressing the States, is to obtain a similar declaration of opinion, with respect to several late acts of the general governiiient, .... and thereby to obtain a repeal." Mr. Harbour, likewise, in reply to Mr. Q. K. Taylor, said : " The gentleman from Prince (jeorgc had re- marked that tho>:e ix'solutions invited the |ieoplu to insiirrceliou and to arms; but, if he could conceive that the consequences foictnld would grow out of the measure, he would lic-come its bitterest enemy." '1' he resolutions were "addressed, uot to the puoplu but to the 352 THIRTY YEARS' VI KW. '■f| iiisfer Stntofl ; prnyinp, in n piicific way, tlicir co-aU'd. and the const itntional (pieKtioi. will be Kotiled hy this declaration of a majority of the States." "If, on the contrary, a Hullicient innjority of the States should declare their o|)ini<>n. that the constitution ^iive Con- gress antliority to jmss these laws, the constitu- tional i|iiestii)n would still bu settled; but an attempt, nii^lit Ih; made so to amend the consti- tution as to take from Congress this authority." And, finally, Mr. Taylor of Caroline, in elos- iuR the liav<' these laws rei)ealed, sbnuiil per- sist, tliey might, by a eoncurr«>iice of three fourths of the States, be ciunpelled t«)call a con- vent ion." It is seen. (hen. by thest> extracts, that the opi>osers of the resolutiims did not charge upon them, nor their supjiorters in any manner eon- tend for. any principle like that of nidliflcation ; that, on (he contrary, the supporters of (he re- solutions, so far fn>m the absunl proposition that each State could, for itsell", annul the acts of Congress, and to that extetit s(op the ojK'ra- tion of the federal government, they did not re- cognize that power in a majority of the Slates, nor even in .all the States together, by any extr.a- constitulional couibiuati.n or process, or lo an- nul a law otherwise than through the preseriU'ii forms of legislative rejK^al, or constituti(;nal •mendment. The n'solulions were, however, vigorously •ssailed by the federal party throughout the Union, esjx'cially in the resjxuises of st veral of the States; and at (he ensuing session of the Virginia legislature, those Statu responses were sent to ft committee, who made an elaliorate ex tminfttion of the resolutions, tod of the objec- \ tions that Iiad Ihhmi made to them, conchidini' by a justification of them in all particularly and reiterating their dcclarationa. This re- port was adopted by the general aasemldv and is a part of the contemporaneous and au- thentic interpretation of the resolutions. T]w rt>ix)rt says : " A declaration that proceedings of the federal government aiv not warnmted by (ho constitu- tion, is a novelty neither amtrng the (ntizi'iis nor among the legislatures of the States. " Nor can the det^larations of either, whctlicr alllrming or dcnving the constitutionality of mea». tion of the ofllce of judge. The declarations in such cjises, are expressions of opinion, iiium;] companied by any other ell'irt (ban what they may produce on oi)inion, bv exciting reflcclion. The expositions of the Judiciary, on the otiicr haiul, are e.irried into immediate eflect by force." Again: '"In the example given by the State of declaring the alien and sedition acts to lie unconstitutional, and of conununicating the iln-- laration to other States, no trace of imi(ro|wr means has appenird. And if the other Statis had cotuMured in making a like declaration. sii{i- ported too. by the numen)us applications IIuh- ing iuMueiliutely fnun the people, it can .'iCiiiri Iv be doubted, tliat these simple means wimlil bavi' been as suHicient, as they aro une.\n'|i tionable. " It is no less certain that other means mi.-l;i have U'en employed, whi<'h are strictly witliin the limits of the constitution. The legisliitim. of the States might have made a direct represen- tation to Congress, with a view to obtain n n- scinding of the two oU'etisive acts ; or tluy might have repivsenled to their res|)eetive smu tors in Congress their wish, that two-tliinl* thereof would jiropose an explanatory aiMcinl- ment to the constitution ; or two-thinls nf themselves, if such had been their option, ini;:lil. by an application to Congress, have obtaiiml a coi'vention for the same object. " These several means, though not equally eligible in themselves, nor probably to lli* States, were all constitutionally o|H'n for cini- sideration. And if the general as.-;enilily. iil'ii r declaring the two acts to be uneonstitiitioii.il, the lirst and most obvious proceeding on iln subject, did nut undertake to point out to iln other States a choice among the farther iini* I t ures that might Ixvome necessary and prn|ii r. the resinirce will not be mi.-eonslrned by lilKnil| mimls into any culpable imputation." These extracts are vahinblo, not only fTJ their positive testimony that the |{e.soliitiiiii.ave ohtaiiK.l x ohject. ., ,^ thoiiH»> "'>t ^^1"='' -^ •;,„r i,roha».ly,""l- UionaUy oi^" -' 'T. \cwm\ assen.l.ly.ali- to 1,0 uncoust.tution,U. iouH oroceetlintr on t «■ u" ,o* r..int .ml to .1. „„, the fart>erua> ,, „,^ssary anjl P^ ,„i.n.nstruea by IiUtaI •nni)utation." Jvalunhlo, not only f'H ly that the Ucsoluti.1,^ VhorH, ha.! ever co«t.">- lo »a Nullification; ^'A also for their iirecise definition anti enumera- tion of the powers which, in the premincs, wore really claimed for the SlatcH, by the Stale- Kif^htH KepublicanH of that day. They are nil disiinctly laid down : 1. Hy a Holenni declaration of opinion, calcu- lated to o|)eratc on the public Hcntiment, and to induce the co-operation of other StateH in like (IvclarationH. 2. To make a direct ntprcKentation to Con- i;reB8, with a view to obtain a re|ieal of the acts c-oinplained of. 3. To represent to their resjiectivo Konators ilieir wish that two-thirds thcrtof would pro- |)oso an explanatory amendment to the consti- tution. 4. By the conctirrenco of two-thinls of the Elates to cause Congress to call n convention for the same object. These are the entire list of the remedial [lowers snspecti'd, by the Resolutions of !7!'8, aud their author and adopters, to exist in the States with reference to federal eniutttnents. Tlu'ir variant character fmm the iM'rcm|)lory jrri'st of acts of Congress proposed by nullitirn- ;inn, is well illiistratnl in the comparison made m tiic report l>etween expressions of opinion like those of tht; resolutions, ant:(te, or the people, "whether alllrnr ig or !:il(il eairying their \|iii.siti()iis iiil(»eli'ect by force; iievei <'oiileiii|ilat- "liinip.irting to tliem the eliaraeler of decisions, niwTres, or the legal determinntion of a ijiies- r i!i; or of arresting by jiieaiis uf them the o|ie- I ration of tiie acts (hey condemned. The worst Vol. 1.— 23 the enemies of the resolutions undertook to any of them, was that they were intemperate, and might mislead the pplo into disoliedienco of the laws. This was successfully combated ; buc had it l)een true — had the authors of tho resululioiis even intended any thing so baso, it would still have lK>en nothing com|>arablc to the crime of State nullification ; of placing tlio Statu itself in htjstile array to the federal gov- erni'.K-nt. Insubordination of individuals may UKiially Ihj overcome by ordinary judicial pro- .•ess, or by the pivmc of the county wlicro it oc- curs ; or even if so extensive as to require tho |)eace-8. The remedies they claimed a riglit to exercise arc all |M>inted out in the con- stitution itself; capable of apjilicatiim without distinbiiig flic processes of the law, or suggesting an idea of iiisiibonliimtioii; remedies eajmble of s!>ving the liberties of the people and tiie rights oV the States, and bringing back the federal gov- ernment to its constitutional track, without a jar or a check to its machinery ; remedies felt lo be suflicient, a. id by <'rowning experience soon proven to Im; so. It is due to (he nieiiiory of those men and those times that their acts should no longer be misconstrued to cover a diM'trine synonymous with disorganization and civil war. The conduct both of the government, !;nd the tx'oplo, on the oc<,usion of these resolu- ticnis, show how far they were from any nullify- ing er insul)onlinate intention ; and this fur- nishes us witli another convincing proof of the contemporaneous interpretation of the resolu- tions. So far (as Mr. .Madison justly sny> )* was the State of Virginia from eoiintenanciiig tlio niillilying doctrine, tha*. the occasion was viewed as a proper one for extniplifyiiig its devotion to public order, an Mr. Madison, in May nml •Innoof ISOO, >vill nilfst till' |)rinfi|ilt>H an nmloi'stoiHl tlio I'isolnlitMiH in any inllain- iuali>rv or \ioions srnsf. On tlu' l.ilh May, ISOd, (iovornor MonrtH< writi'N <«) Mr. Mailison as CoIIown: " ll«>siil("*, I (liiok tlioivlH cause to NnsjHTt (lie hctlilion \u\\ will lio oarriinl inio clUvt in lliix Slalc al tlio a|i|>roassililcan idea uia> Ik' entertnineil ol'o|i|iosition, and l>y uieaus wlienH>t'll>e I'atr |iro><|>ee( ol' (lie n-puMicau parlv may U- overea>l. Hut in lliis lliey arcd«'eeiv«>(\ lie wrote apiiu, ns tolUnvs : " The conduct ol' tlu- people ou this o«vasion was cxcr.iplavy, and dinor. They scenu'd nwave that the crisis dc- iiiandt-d ol"tliein a pr.iol'ot' iheir resjH-et tor law and order, and re.-ol\ed to >how ttie\ were «Mpial to It. I am satistii'd a ditiei\'r,te.ind\icf vas cx- pet'led iVi'Hi tht'in, lor every thiiii' ! ( eoiild Wi\,sd.Mi.' (o pioNoKe It. l! only u'm!..n> that llii^ |)ii>mes- Ih- ilO'-ed on the part o("ihe j-.»'ople, as it li-i-i heen so far :»el<'d ; th:it llu'judp', alter tinishiiii; !'is i'!in>er, co oil' in peaet'. wilhout cx- IHimuMUj: the slichJcsl niMiil tVom any one; and that this will U> the ea.se 1 iiavc no iKmht." (?ovcrnor Moimv was eorn>et in tlu* siipposi lion that the sedition law would W carrii-d into c'.ViVt, at the appi»aehiiic session of (he t'edi-ral i\>iirt. and he was aKo ri>;ht in the aiilicipaiioii that the |vt>ple would know ho\v lo ilistingnisli KtwiH'u the cxenisc of incaiis to proeiiiv the ivival of an jut, and the exeivise of violence to stop Its ojvrat ton. The act was cnfon'id ; wa.^ •• carrit>d into elVeet " in their inidi»t. nml a fel- low vitizi'n iiuanvnitcd under its odious pro- vision;!, without a sujTirestion of otlicial or other iutorferc"<"c. Tims we have the coiitcni|H>rane- oiis iiv,.'-i ctation of the rcsoh.iions exeniplilied and s<'t nl v ••.. iy tlie m"st powerful of ar-iu- ments: by th ;•: ,ii\'ssiv t'act. that when (he public ind'i.nacon " :w al its luinht. siiloi.ni.nt eiice on tlie pnlilie mind ; lliat al thai inonienr, the «cl of ConurcK apiinHt whieli the reMilutimiK were cinetly aimed, and the indi^nntion of the community cliieliy kindled, wa.s then niid there carried into execution, and that in n form— the unjust deprivation of a cili/en of IiIh liherly the most olmoxions lo a five |Mople of Virginiii, is thus noted in the an ' nnal mcHsnge of (lovernor Monroe, lo the jreiie- ral as.snnlily, nl their next meeting, Dunnilier, ISOO: " In connection with Ihi.t snliject (of the n>so ' lutions| it IN profH'r to add. that, since your last session, the nedilion law, one of the iictH com I plained ot', has Iteen carrii^d into clloct in this I commoinveallh l»y the dei-isionof a federal eoi;rl. I I notice tlii.s event, not with a view of censnnii'.; I or «'riticisin).: it. The traiLsnction has pnie !,■ i the world, and the impartial will jndp- of n le- ' it deserves. I imtiee it for the pnrpoKc of re marking that the ileeisionwasexeeiiled with tin same tirder and traiupiil snlimission on the pun of the |H'opIe, as could have Iweii shown liy tlieiii i on a similar occasion, to any the most nceesviiiv, eo\istitutional and |Hipoular acts of the);oveni ment." (Jovernor Monroe then lulds his otlicial :iiiii personal tesliinony to the proper intent ainl ; character of the proivinlinfrs of 'I'S, ''.•, as follows : I ' " The p'lieral asseniltly and (he good jn'oplc ' of this eoininonwenlth have aetpiilled iheiiisehts to their own consciences, and lo their hrelliicn in .Vnieriea. in sup|H>rl of a <'aiise which tluv dciin a niitioiial one, by the stand which tluv maile. and the sentiments they expii>ssiHl of these acts of the p-neral pivernment ; Imf they have looked for a chanp' in that respecl,lo;i eliaiifix' in ihe public opinion, which oiinlit lo W fiw ; not to ineasuivs of violciKV, discord ami disunion, which they abhor.'' to tl', o.u'... ;i> 'Ji Mil! . ubs» v.ienl l- ,lie n^jvMi kf '"."> ■! ! ^'t en bid h .d Kvn m liver- sa'.ly di- - ;;,i;kat d an-i r.-ta. and tluv had bad, with the d.l »t* u ^n t''"iu. their cut it inllu- ril.VrTKR T-X XXVIII. VMIOIMA i;i>OHTI>>NS or IT-.K: IMSAIU SKD OF M l.I.iri* AllON. in TMKIU AlTimU. ViMiu Aii'i upon their words, and upon con- tiiniHiraneoiis interpivtation, imotlior viiulioft- ti"n. sujH'rl'.uous in point of proof but due to those whose work has been |K'rvertetl, awaits these resolutions, derived fivm the words uf ■^^ ANNO Ih:i:«, ANPRKW JACKSON, IMII-HIUKNT. 355 at (hill, nionu'iif, h {\w n'Mihitions ilinnntio" <••' the » UuMi null tlu'tf t ill a I'ovin- tl"' „r liiM IiImtIv )|tU«. lllltl'luMIUi t ; Vt't <1«1<<'''.V llll'l I ,)nliiiiir.v ii«*«t»''«'r. iil.jirt |of «»»o nso lilt. Hi"«'«' >'""■ '""' 1. ol" tt»' ««'tl» <' »»IV'«'' '" *'''- mot* nf««l»'i'«' •■'"'•'■'• a viow of oi'iisiiniiii uu-ti«»n Ims com- i" I will .jiiiir|M'«i' <•• '■'' nsrMviilo• ni-ls of tho nov.rii uUls lii>* otVifiiil :iiwl jii-ojHr iiiti'ul mill ol' ''.'S, ''.», «» l'oll«>ws : mil tho i:or.«l iHM.i.K' aiHuitU'illlu'iiiMlMs 1,1 li» tlu'ir hiTtlmii a causi' which ihcv stiiml whii-h llu\v thi-y i>siin-ssisl ol' ivonitiu'ut ; hut thoy ill (liiil ivsiwol. to:i n. whii-h oiin'it <" '"' ioK'iuv, iliM'onl m\ XXXVIII. ,-,.s. -KISMU SKOOF TMKIU AITIIDU. vorils. ami »1>|'» «■""■ [on. iinotliiT Miidioa- of i>roof. hut ihio to I CM IKTVOliOvl. rtWliit> \\ fivui the words of (heir nu(liiii'(iinlvi' liiiiiHi'lf iiikI liiH iiMsiH-iiilcH from lli«> niiiiiuiil ithHiinlily iillriliiilcil to Ihi'iit. 'I'hi' coiiti'iuiioriiry o|ipoui-uls of tlu' Ili-Hohi- tiniisiif \~W Hiiiil nil (ho fvil of thcni, and iv- lirrsfiKi'ij (ill-Ill ill vvvvy oiiioiiH iif^lit, ihiit |K'r- scvi'riii);, Kcrii iiml ill('iI till' clmrp'H thru iiiikI*' iif^iiinst (lii'iii ; hu( i-oiili! not viuihciito (hi'in fioin iiitniil- iiii; (hi> nioilcrii iliH'(riiu>of Niilhllnition, Ikthiisi' (hilt ilo«-(riui> lull! lint (hell liriu itivi'Ut)>il, iiikI ;'i»' in}i»'uui(y of (hririulviTsiiriiHiiiil iiotcouivivc of lhii( prouiiil of utdick. 'riuir vi'in-nihli' nii- (iior, liowi'vi'r (hf iiluK(rioiiH Maihson* — wuh ri(ill iilivi', whoii this iii'W |M'rv(*rKii>ii of liiw n-Ko- liilious liiiil hffii iiivinti'il, iiuil when they \v«>iv i|iiiitrii to Niisliiiii (liK'triiics syiionyiiioit.s with tiisorpini/jilioniiiiilihsiiiiion. Il«< wiis still nlivi', in n<(iri'iiii'UJ on his fiinu. His iiioiioxly iinil m-nsi' of |iro|)ri«'ly hindciiMl him from rnrryiiij^ ()ii> |ir<-s(i};«' and iiithitiicc of his iiamo into (lie politics of the day ; hut his vi|;oroiis mind Hiill wiitchcd with anxious and |iii(rio(ic intcn'st (he riMTcut of piihlic alfairs, and recoiled with in- htiiii'tivo horror hoth from tlii> doclrino and at- t(iii|i(cil priu'ticcof Niillitication.andtlicattcmiit- rd ciiuiicclioii of his name and aiMs witli (heori- (;iiia(ii>ii of i(. lie held aloof from (he pnlilic coiUest ; hn( his seniimeiits were no secret. Ilin private corii'S|M)iidcnce, emhaciiij; in its raiiffe ilistiuf^iiished men of iill Hi'C(ions of (he rnion iiml of all par(ies, was full of the suhject, from (lie commeucement of (ho Niillilicadon exoite- mrnl down (o (he tune of his deadi: sometimeH »t length, iiiidarfjiimeutatively ; sonu-tinies with :i hrief indignant disclaimer; always earueslly iuiil uneqiiiviM'aily. Some of (liese letters, al- llioiigh private, wore piihlished during Mr. Miulisou's lifetinio, os|H>ciallyanelahoi-ato one to .Mr. Kdward Kveivtt ; and many of (ho ixtliirtly «viiw« It. lli- wnn Imlli tlic mitlior Mil r«)H)rtor of tliu Uutiurt aiiil lii>«oUiUon of tT98-l!K)0. only for (he vindica(ion of i\hidiNou mid his com- jK-ers, from tho doctrine of .Nullilication, hu( I'f argiiniont and roasotm against Niillificiilion and every kindred MiiggeHtion. From the letter (o Mr. Kverctt, piihlished in tho North American Hoview, shortly aller it was wri(toii (August, IHIIO), tho following ox- trac(H are lukon: " It ((ho constitution of tlio United Stati's)w(iH formed hy (he, States, that is, hy tho |N'ople in each of the States, noting in their liighest. sove- reign capacity ; and formed coiisopiontly hy (ho same aiiihority which formed tho StiiliMton.^ti- tiitioiiH. " Heiiig thus derived from the same Koiirco tm the constitutions of tho Stati-s, it has, within eiich Sdito, the snme authority as the constitution of (he S(a(o, and is as much a const ilii( ion in (ho strict Kciise of (he hi in widiin i(s presciihed Hpheri', as tho constididons of (he .S(ii(es iiro within their res|M'c(ive spheres; hnt wi(li this ohvioiiH and e.s.sential diirerence, (hat heiiig a compact among tho S(ales in their highoHt Bovoroigii capaeity, and cons(i(u(ing (he iwoplo (hereof one {M-oploCorceHiiiii purposes, itoaiinot he aKorod or annullod at (ho will (>f the States individually, as (he constitution of a Stiue iiiiiy Im' at its individual will." " Nor is (he gov«-riimeiitof tho United S(.a(oH, cn'n(«'d hy (ho constitution, loss a government, in tho strict .souse of (he (orm, within the ;)hi'ri' of i(s powers, (hiiii tin- govoriimenis created hy (ho coiis(itii(ions of (ho Sla(es are, within their several spheii's. It is like (hem organi/' d into legislative, exn iitive and jiidioinry ilopariments. It (iporati'S, like (hem, direi-dy on [M-rsoiK and (liings. And, like (hem, i( has at comiiiuiid iv physical fon-o for executing tho jHiwcrs com- mitted to it. " lli'lween these ditli'reiit conHtitiition •■•o- veriimen(s, (ho one oiKiiidng in ail tho tc^, (ho odiers o|(eiatiugsepani(ely in each, w dio aggregido powers of giivernment divided l. vion liieiii. it could not e,s<-a|H> attontion, that it.ro- vorsies would arise concerning the hoiiniiaricH of jurisdiction." 'That to have left a linal decisioi siicli oa.so.s, to each of tho StatoH, could n tail to make tho coiistitiilion and lawH of ii. I nited States ditloront in diflerent .States, v ,> .l)vious, and not loss ohvioiis that this divorsuy of indi- pondoiit decisions, must altogether distract tin govornmoiit of tho I'liion, and H|)ocdily put twi end to tho Union ilRoll." "To havo iniido tho decision under the au- thority of the individual .Statos, co-ordinato in all oases, with decisions under tho authority of tho Uiiitod .States, would iinavoidahly produce oollisionei incompatihie with tlio (ma.': "f so- ciety." "To have referred every clashinp; decision, under tho two authorities, for a iinal dociHion, to ^r M 356 THIRTT YEARS' VIEW. i?r m -J * * tho States as parties to the constitution, would his attended with delays, with inconveniences and expenses, amounting to a prohibition of the expedient." '- To have trusted to ' negotiation ' for adjust- hig disputes between the government of the United States and the State governments, as between independent and separate sovereignties, would have lost sight altogether of a constitu- tion and government of the Union, and opened a direct road, from a failure of that resort, to the ultima ratiu^ Ijetween nations wholly indepen- dent of, and alien to each other Although the issue of negotiation might somc- tinics avoid this extremity, how often would it happen among so many States, that an unnc- coninioduting spirit in some would render that ivtiource unavailing ? " After thus stating, with other powerful rea- sons, why all those fanciful and impracticable theories were rejected in tlie constitution, tlie lcttt have been regarded only as giving aceun:ulatcd emphasis to the d me to a rcviow ticnlarly to a vin- Virpinia in 1"''H, e of thein. That taken of the abir- jnclose you an ex- kicl Webster, writ- upes nearly the utter in Febniary, , March 27, 1831, s : lally over the draft 7'.)8 to the Viifriniik since removed, I inu>t ■irivinir accuninlatiil that the alien i.nd ,inion of the asseui- ion of the IniUM (lition of them ouM ft resistanw of tln'"- ^y dechi'dtory. mvI W only, which «!;; mstitution, could W To Joseph C. Cabell, Sept. 16, 1831 : " I congratulate you on the event which rc- etorcH you to the public councils, where your services will bo vahiablo, particularly in defend- ing the constitution and Union agiainst the false doctrines which assail them. That of nullifica- tion Heems to be gener..'.ly abandoned in Vir- ginia, by those who had most leaning towanis it. itut it still flourishes in the hot-bed where it sprung u[)." " 1 know not whence the idea could proceed that I concurred in the doctrine, that although a State could not nullify a law uf the Union, it had a right to secede fioin the Union. Both spring from tho same |)oisonou8 root." To Mr. N. P. Trist, December, 1831 : * I cannot sec the advantage of this jwrse- verance of South Carolina in claiming the au- thority of the Virginia proceedings in 1798, '95), as asserting a right in a single State to nullify an act of the U nited States. Where, indeed, is the fairness of attempting to palm on Virginia an intention which is contradicted by such a variety of contradictory proctfs ; which has at no intervening |ieriod, received the slightest countenance from her, and which with one voice she now n-collected that it asserts a right in a single State to stoj) the execution of a federal law, until a convention of the States could be brought about by a process requiring an uncer- tain time ; and, finally, in the convention, when fdinied, a vote of seven States, if in favor of the veto, to give it a prevalence over the vast ma- jority of seventeen States. For this |ir<'poK- teti>us and anarchical pretension there is not u shadow of countenance in the constitution ; and well that there "s not, for it is ct^rtAin that, with sueh a deadly poison in it, no uuiwtitution could be sure of lasting a year." To Mr. C. E. Ilaynes, Augiwt 20 1832: " In the very crippled and feeble state of my health, 1 cannot undertake an extend***! answer to your inquiries, nor should I suppose it ne<«ssary if you have 8«'en my letter to Mr. Everett, in Aiifjiist, 18U0, in which the proceedings of Vir- ginia, in 17'.*8-".)9, were explained, ami the novel ditotrinc of nullillcution adverted to. 'The distinction is obvious lietwcen such interpositions on the pi'.rt of the States against unjn!«tiliable acts of the federal government as arc within the provisions and forms of the con- stitution. These provisions nnd forms certainly do not embrace tho nullifying process pri>- egins with u sinjilo State, and ends witn the ascendency of u minority of SUites over ii majority ; of seven over seventeen ; a federal law, during the pro- ci'ss, Iwing arrested within the nullifying State ; anil, if a revenue law, frustrated through all the .Suik'S." To Mr. Trist, December 23, 1832: "If one State can. at will, withdraw from the others, the others can, at will, withdraw from her. and turn her imlentfin vnlentnn out of the Union. Until of \iiU\ there is not a State that would have abhorred such a doctrine more than South Carolina, or more dreaded an application of it to herself. The same may be said of the doctrine of nullification which she now preaches us tho only faith by which the Union can bo Raved." In a letter to Mr. Joseph C. Cabell, December 28, 1832 : " It is not probable that (in the adoption of the resolutions of 1798), such an idea as tho South Carolina nullification had ever entered the thoughts of a single member, or even that of a citizen of South Carolina herself." To Andrew Stevenson, February 4, 1833 : " I have received >onr comnuinieation of tho 2*.)th ultimo, and have read it with much plea- sure. It presents the doctrine of millitication and se(x-.s.sion in lights that must confound, if failing to convince their patron.s. You have done well in rescuing the proceedings of Vir- ginia in 1798-99, from tht many misconstruc- tions and misa[)pIieations of th«*rn." '• Of late, attempts are ol)s rvc' im shelter tho heresy of .xece.ssion iinilerthe . im ■ •' xjmtriation, from which it essentially diH'ei*. The expatria- ting party removes only his j-eison and his mov- able projierty, and dws not incommode those M^itom he lejives. A seci-ding State nuitilatea the domain, and disturbs the whole .>iy.stem from which it Si-parates it.self. Pushed to the extent in which tin- light is sometimes asscrteti, it might break into fragments every s'ligle com- munity." To Mr. Stevenson. February 10, 1833, in refer- ence to the South Carolina nullifying ordinance: " I consider a succiHsfiil resistance to the laws as now attempted, it not immediately mortal ; to the Union, as at least a mortal wound to it." I To " a Friend of the Uuion aud State rights." I 1833: I '• It is not usual to answer commnnirations without pro{>er names to them. But the ability I and motives disclosed in the e.s.says induce me ! to say, in compliance with the wi.sh expressed, i that I (h) not consider the proceedings of Vir- ' ginia, in 1798-'t>9, as countenancing the doctrine that a Statu may, at will, .secede from its con- stitutional compact with the other Slates." To Mr. Jo.seph C. CaUII, April 1, 18;'.3 : "The attempt to prove me a nullifier, by a misconstruction of the resolutions of 1798-'U9, I I ill m i ill 358 THIRTY YEARS* VIEW. ; till 15 I ' ' -i '•■ SI ' ( V th;li so often and so Inti-Iy corroctcd, wuh, 1 olitiTvi', icnowe: " Although the legislature of Virginia declared, nt a late session, almost unanimou.sly, that South t'arolinn was not supported in her doctrine of nuUitication by the resolutions of 171)8, it ap- l>oarH that those n'solutions are still appealed to as expressly or constructively favoring the dwtrino ' •• And wiiat is the text in the proceedings of Virginia which this spurious doctrine of nullill- i-.'ition claims for its patronage ? It is found in the third vftUe resolutions of 171I8." •• Now is there any thing heiv from which a ' single ' State can infer ; right to arrest or annul un act of the genoi (i government, which it may deem unconstitutioi.a' f So far from it, that the obvious and proper inference precludes Kuch a right." '■ In a word, the millifying cloims, if induced to pnu-'tice, instead of Injing the conservative principle of the constitution, would neces.sarily, and it may bo said, obviously, bo a lieadly poison." ' The true question, therefore, is, whether there be a ' constitution '.1 ' right in a single SUite to nullify a law of the l'. nited States ? We have seen the absurdity of such u claim, in its naked and suicidal form. Let us turn to it, as moditied by South Carolina, into a right in every State to Insist within itself the execution of a federal law, deemed by it to be unconstitutional, and to demand a convention of the States to decide the question of constitutionality, the annulment of the law to continue in the mean time, and to be j)ermanent unless three fourths of the States coiiciu- in overruling the annulment. " Thus, during the temporary nulliflcati(m of the law, the results would l»e tiie same as those proci'iMliiig from an un(|ualitie the constitution, constnictively, any sha|M> they plea.seil, in oppo- sition to the construction and will of the other seventwn.* Every feature of the constitution might thus Ih> successively changed ; and after a scene of unexampled confusion and distraction, what had lH>en unanimously agreed to as a whole, would not, as a whole, be agreed to by a wingle party." To this graphic picture of the disorders which even the first stages of millitiration would neces- sarily pro«luce, drawn when the graphic limiur was in the eighty -sixth and last ye.ir of his life, the following warning jwiges, written only a few months earlier, may be properly api>ended : " vVh.\t more dangerous than nullification, or more evi<>'ent than the progress it continues to make, citlier in its original 8ha|ie or in the dis- gtiLses it fiBsumes ? Nullification ims the eflVct of putting powder under the constitution ami Union, and a match in the hand of every party to blow them up, at pleasure. And for its pro- gress, hearken to the tone in which it is now preached ; cast your eyes on its increatsing mi- norities in most of the Southern States, witlmut a decrease in any one of them. Look at Vir- ginia herself, and read in the gazettes, and in the proceedings of popular meetings, the figure which the anarchical principle now makes, in contrast with the scouting reception given to it but n short time ago. "It is not probable that this offspring of the discontents of South Carolina will ever approach success in a majority of the States. But a sus- ceptibility of the contagion in the Sontheni States is visible ; and the danger not to be con- cealed, that the sympathy arising from known cause.s, and the inciilcated ii'ipression of u per- manent incompatibility of inteivsts between the South and the North, may put it in the power of popular leaders, aspiring to the highest sta- tions, to unite the South, on some critical occa- sion, in a course that will end in creating a new theatre of great though inferior extent. In pursuing; this course, the first and most obvious step is nullification, the next, secession, and the last, a farewell separation. How near has this course been lately exemplilied ! and the danger of its recurix'nce, in the same or some other ^^uarter, may Ikj increased by an increase of rest- less aspirants, and by the increasing impructi- • Ttic »boTe wa« written when Uio number i>f tlic Stiiles wm twi'iity fciiir. Now, wln-n lluTi- «ru tlilrty-oni' Slates, tin' lir* |Hirliiiii woiiM bi< eight (*> tiinilij-thief ', tlint 1^ tliiit 11 >iii'.:!'i Stiitu iiiillirtInK, til I' '"llU'ntlun wcmlil liolil kihh) till u vm\- vi'iitUiu niTii vulli'ii, ml. I then If tli>' niillilyiiiK ^tiiti' cmilil liriiviiru Mtveii otlicrx to Join, tliu iiiillilliailmi woiiM lit'cume kbauluUi— tlio utglil SIaU'S uvurrulliig Hit' twiiity-tliruo. ANNO 1838. ANDREW JACKSON, PRESIDENT. 359 Hows, that any currcnci.' of six of the Initcd ic constitution, tleoseil, in oppo- {\\\ of tiie other ;he constitution jjjeij ; ond »fler I nntl distraction, iigrcetl to as a <, oga'cd to by a . disorders which Lioi» wouhl nices- le prajihic limner it yeiir of his life, rritten only a few ly apl)ended : n nullification, or S8 it continues to ixym or in the -<.m'!*lul<'», ll..'I'f'- 111,.. mimiyii«t5 S*"»'' '^""''' liiji till- twuuj-lhrtfo. cability of retaining in tho Union a large ami conientetl fcct'on against its will. It may, in- deed, hap|M>n, that n return of danger from abroad, or a revived apprehension of danger at home, may aid in binding the States in on" |>oli- ticul system, or that the geographical and com- niercial ligatun-s may have that etloct, or that the pix'sent discord of interests between the N»)rth and the Soutli may give way to a less diversity in the application of labor, or to the mutual advantage of a safe and constant inter- change of the different proldly sought a sanction, under the name of Mr. Jefferson, because, in his letter tu Mr. Cartwright, he held out a convention of the States as, with us, a peaceful remedy, in casi'S to be decided in KuroiH.' by intestine wars. Who can believe that Mr. Jeflerson referred to a convention summoned at the ))leasure of a HJngle State, with an interregnum during its de- liberations ; and, above all, with a rule of deci- sion subjecting nearly three fourths to one fourth ? No man's creed was more opposed to Buch an inversion of the republican order of things." In a letter to Mr. Townscnd of South Caro- lina, December 18, 1831 : " You ask ' whether Mr. Jefferson wa.s really the author of the Kentucky resolutions, of riKt; ' [in which the word 'nullify' is u.sed, though not in the sense of South Caroli.ia nul- litication.] The inference that he was not is * See Kranklin's letter tu Lord lluwe, In ITTO. as conclusive as it is obvious, from his letter to t-ol. Wilson Cary Nicholas, of September 5, 179',), ill which he exi)ressly declines, for reasons statetl, preparing any thing for the legislature of that year. " That he (-Mr. Jefferson) ever asserted a right in a single State to anvst the execution of an net of Congrtiss — the urivst to bo valid and |)ermanent, unless ii^vei-sed by three fourths of the States — is countenanced by nothing known to have been said or done by him. In his letter to Major Cartwright, he refers to a convention as a |)eix-cable remedy for conflicting claims of l>ower in our compound government ; but, whether he alluded to a convention as prescribc«i by the constitution, or brought about by any other mode, his resjH'ct for the will of nmjori- ties, as the vital principle of republican govern- ment, nuikes it certain that he could not have meant a convenlion in which a minority of seven States was to prevail over seventeen, either in amending or exiwunding the constitution." In the letter (l)ofore quoted) to Mr. Trist, Dc- ceml)er23, 1832: " It is remarkable how closely the nullificni, who make the name of Mr. Jeflerson the [K;de.s- tal for their colossal heresy, shut their eyes and lips whenever his authority is ever so clearly and emphatically against them. You have no- ticed wliat he says in his letters to Monroe and Carrington, pages 43 ami 3l)2, vol. ii., with n- siK-ct to the jwwers of the old Congress to c(H'rce delimiuent Suites, and his reasons for preferring for the purpose a naval to a military force ; and, moreover, that it was not necessary to find a right to coerce in the federal articles, that being inherent in the uiiture of a compact." In another letter to Mr. Trist, dated August 25, 1834 : " The letter from Mr. Monroe to Mr. JefTer- son, of which you inclose an extract, is im|N)r- taiit. I have one from Mr. Monroe, on the same occasion, more in detail, and not less emphatic in its anti-nullifying language." In the notes "Oa Nullification," written in 1835-'6: " The amount of this moilificd right of nulli- flcati«>n is, that a single State may arrest the operation of a law of the United States, and in- stitute a process which is to terminate in the ascendency of a minority over a large majority. And this new-fangled theory is attempted to be fathered on Mr. Jeflerson, the apostle of repub- licanism, and whose own words declare, that ' acquiescence in the decision of the majority is the vital principle of it.' Well may the friends of Mr. .letl'erson disclaim any sanction to it, or to any constitutional right uf nullification from his opinions." 3G0 Tllliav YKARS' VIEW. wm In a paper drawn l>y Mr. Madlxim, in Sfjifcnt- bcr. 1821), when liii* unxietioK Ixpiii tirst to Ik> diHturbcd by tho portrntoiiH appnmch <>{' the tiulliflration doctriiio, lu- ronoltides with this varnorit admonitiun, appropi iiitc to the time M'hen it waH writt«-M, and not luMd bo tu tho pre- vnt time, and to posterity; " 'n all the views that may lie taken of ipicH- tionH netween the Statu ffOvernuientH and the pent ral t?overnn»ent, the awlid conseiimnreM of n tinul ruptnnt an lost sipht of. Such a prosfuvt niUHt he depreeiited — must Ik- shuddered at by every friend of his eoinitry, to lilierty, to the hiippiness of man. For, in the event of a disMolution of the (nion, nn impos- siltility of ever renewing; it is lirinifrht himie to every mind by the difiiculties encounti'ied in e»- tdilishinK it. The propensity of all conminni- lie-* to divide, when not pressed into a unity hv i.\t<'ruul dan^'ers, ih a truth well iMidiistond. " :, re i . no instance of a jKople iuhabiliiif; even n small island, if remote from toi'ei);n danger, uiid .'^ometimcH in spite of that piT>sure, who uru ntJt divided into alien, rival, hostile triiiis. The hiippy union of these States is a wonder; their constitution a niiniele; their example the ho|ie of liberty throu^^hoMt the worlil. Wo to the amiiilioii that would meditate the destruc- tion of either.' Those extracts, v(duminons as they are, nn- fiirfi'ome.'dmuHtini; the abundant miiterial which these admirnble writings of Mr. .Mae letters wore written, his mind was never moi"e vijrorous nor more luminous. Ever}* genen)us mind must sympathize with him, in this necessity, in which he felt himself in his extreme aire, and whin done, not only with the public allair-s of the country, but nearly done with all the aflairs of the world, to defend himHclf and associates from the attempt to fasten upon him and them, in Bpito of his denials, a criminal and annrchicul design — wicked in itself, and subversive of the government which he had labortnl so hanl to found, and utterly destructive to that jKirlicuIiu- feature considerec' ',he crowning merit of the constitution; and wliich wise men and patriotic hati: COYKItNMKNT, AS HKINO A UNIO.N I.N CON- TliAIHSTI.SflloN TO A I.KAdUK: rilKSKNTKI) IN A slIlsKiilK.NT ttl'KKCU ON MlSriOUlCI KKsO- Ll.'TIONS. I no not discuss these resolutions at this time. That discussion is no part of my present object. I sjH>ak of the pledge which they contain, and j call it a mistake ; ani^^' le»t, Ko pure, t*o ity, both for h'm [le exalted ofBccs case which went ion of a Rovetn- he roontfuithfvd k ewe, an attempt waning which he outrancous and U9. And if, nfUr ;h he has made in vj now published, to this herewy to icwed by the pub- lout itH balance! ,f social duty, and inlt of which must ts of the tomb— for, every just man ffn ! and ruHh t" n rirate honor, patri- ntitudc to bemfttc- (born whcrcBoeviT ,yH the blessiuRS of labors gave us. XXXIX. loK TlIK NATUnK OF Ino a union in con- [•AdUK: I'UK.SKNTKI) ON MlSrtOUUl KESO- lutions at thifl time. my present object. Ill they contain, and Ithat whatever may Ins of the iKJople of flioexU-nsion or non- lie Territories, they act of Conprc R« »«n J law, when it comi's*, |o the decision of the of Missouri in this bve it to bo tlui only course coiLsistiiit with the terms and intention of ntial to the idea of a law that it be at- 'tended with a samtion, or, in other wonis, » (lenalty or punishment for disobedience. This IH-nalty, whatever it may Im;, can only Ik* inflict- ed in two ways — by tho agency of the courts I and ministers of justice, or by military force; by i the coercion of the magistracy, or by the co- ' erci(m of arms. The first kind can evidently I apply only to men ; the last kind must of ne- cessity 1m> employed n;,'ainst bwlies p'o to conmiit his happi- ness (.) it." Of thecertam destruction of the Union when tho sword is once «lrawn U-twecn the memliers of a Union mid their head, they speaV thus: " When the swi.; 1 is once drawn, the passions of men ob-.erve n<» I. unds of moderation. Tho siigge^tion< of wounded pride, the instigations of irritateil ivseiitment, wouhl \>' apt to carry the States, agiiinst whit '^ the nriiir. of the Union were exerted, to any 2 Photographic Sciences Corporation 33 WEST MAIN STREET WEBSTER, N.Y. MS80 (716) 872-4503 >i,*:.ii' /2i f.\ll' 11 ■ „ 1 : 362 THIRTY YEARS' VIEW. vention of the State legislatures; if they were to pass into immediate ojr'ation upon the citi- zens themselves, the particular governments could not interrupt their progress without an open and violent exertion of unconstitutional power. They would be obliged to act, and in such manner as would leave no doubt that they had encroached on the national rights. An ex- periment of this nature would always be hazard- ous in the face of a constitution in any degree competent to its own defence, and of a people enlightened enough to distinguish between a legal exercise and an illegal usurpation of au- thority. The success of it would require not merely a factious majority in the legislature, but the concurrence of the courts of justice, and of the body of the people. If the judges were not embarked in a conspiracy with the legislature, they would pronounce the resolutions of such a majority to be contrary to the supreme law of the land, unconstitutional and void. If the peo- ple were not tainted with the spirit of their State representatives, they, as the natural guardians of the constitution, would throw their weight into the national scale, and give it a decided preponderance in the contest." Of the ruinous effects of these civil wars among the members of a republican confedera- cy, and their disastrous influence upon the cause of civil liberty itself throughout the world, they thus speak : " It is impossible to read the history of the petty republics of Greece and Italy, without feeling sensations of disgust and horror at the distractions with which they were continually agiL lied, and at the rapid succession of revolu- tions by which they were kept continually vi- brating between the extremes of tyranny and anarchy. From the disorders whicn disfigure the annals of those republics, the advocates of despotism have drawn arguments, not only against the forms of republican government, but against the very principles of civil liberty. They have decried all free government as incon- sistent with the order of society, and have in- dulged themselves in malicious exultation over its friends and partisans." And again they say : " It must carry its agency to the persons of the citizens. It must stand in need of no inter- mediate legislation ; but mus*^ itself be empow- ered to employ the arm of the ordinary magis- trate to execute its own resolutions. The ma- jesty of the national authority must be mani- fested through the medium of the courts oi jus- tice." After reading these extracts, Mr. B. said: It was to get rid of the evils of the old confed- eration that the present Union was formed ; and, having formed it, they who formed it un- dertook to make it perpetual, and for that pur- pose had recourse to all the sanctions held sacred among men — commands, prohibitions, oaths. The States were forbid to form com- pacts or agreements with each other ; the con- stitution and the laws made in pursuance of it, were declared to be the supreme law of the land ; and all authorities, State and federal, legislative, executive, and judicial, were to be sworn to support it. The resolutions which have been read contradict all this ; and the Gen- eral Assembly mistook their own powers as much as they mistook the sentiments of the people of j^issouri when they adopted them. CHAPTEK XC. PUBLIC LANDS:— DISTRIBUTION OF PE0CEED8.' Mr. Clay renewed, at this session, 1832-'33, th bill which he had brought in the session before, ' and which had passed the Senate, to divide the^ net proceeds of the sales of public lands amoujj the States, to be applied to such purposes as the! legislatures of the respeccive States should think proper. His principal arguments, in favor or the bill, were : Jirst, the aid which the distribu-J tion would give to the States, in developing] their resources and promoting their prosperitj*; | secondly, the advantage to the. federal govern- ment, in settling the question cf the mode of disposing of the public lands. He explained 1 bill, which, at first, contained a specification ol the objects to which the States should apply the dividends they received, which was struck out, in the progress of the bill, and stated its provi- sions to be : "To set apart, for the benefit of the new States, twelve and a half per cent., out of the aggregate proceeds, in addition to the five per j cent., which was now allowed to them by com- pact, before any division took place among the ANNO 1833. ANDREW JACKSON, PRESIDENT, 363 iitions. The ma- ;y must be mani- the courts oi jus- its, Mr. B. said: of the old confed- lion was formed; rho formed it un- and for that pur- tic sanctions held mds, prohibitions, rbid to form com- ch other ; the con- e in pursuance of it, upreme law of the State and federal, judicial, were to be 2 resolutions which ilthis; andthcGen- leir own powers as 10 sentiments of the ley adopted them. Ib xc. ,UTION OF PROCEEDS.' session, 1832-'33,thft^ in the session before, _) Senate, to divide the - of public lands among] 3 such purposes as the! ive States should thinb' rguments, in favor of id which the distribu-J States, in developing! )ting their prosperity;' to the. federal govern- •Btion cf the mode of ids. He explained 1^ lined a specification o|^ Itates should apply the .which was struck out, k and stated its provi- L benefit of the new I If per cent., out of the , Edition to the five per lowed to them by com. 1 took place among the l States generally. It was thu.s proposed to as- sign, in the iir.^t place, seventeen and a half per cint. to the new States, and then to divide the whole of the residue among the twenty-four States. And, in order to do away any inequality among the new Slates, grants are specifically made by the bill to those who had not received, heretofore, as much lands as the rest of the new States, from the general government, so as to put all the new States on an equal footing. This twelve and a half per cent., to the new States, to be at their disposal, for either education or internal improvement, and the residue to be at the disposition of the States, subject to no other limitation than this : that it shall be at their option to apply the amount received either to the purposes of education, or the colonization of free people of color, or for internal improve- ments, or in debts which may have been con- tracted for internal improvements. And, with respect to the duration of this scheme of distri- bution proposed by the bill, it is limited to five years, unless hostilities shall occur between the United States and any foreign power ; in which event, the proceeds are to be applied to the car- rying on such war, with vigor and effect, against any common enemy with whom we may be brought in contact. After the conclusion of ace, and after the discharge of the debt created • any such war, the aggregate funds to return to that peaceful destination to which it was the intention of the bill that they should now be idirected, that is, to the improvement of the moral nd physical condition of the country, and the tromotion of the public happiness and pros- erity." He then spoke of the advantages of settling [the question of the manner of disposing of the public lands, and said : " The first remark which seemed to him to be kcalled for, in reference to this subject, was as to Jthe expediency, he would say the necessity, of I immediate settlement. On this point, he was appy to believe that there was a unanimous currence of opinion in that body. However fey might differ as to the terms on which the Iribution of these lands should be made, they I agreed that it was a question which ought to i promptly and finally, he hoped amicably, ad- justed. No time more favorable than the pre- ; moment could be selected for the settlement ifhis question. The last session was much favorable for the accomplishment of this I object ; and the reasons were sufficiently obvi- I ous, without any waste of time in their specifi- cation. If the question were not now settled, I but if it were to be made the subject of an an- jBual discussion, mixing itself up with all the I measures of legislation, it would be felt in its I influence upon all, would produce great dissen- hions both in and out of the House, and affect Intensively all the great and important objects jvhicL might be before that body. They had had, in the several States, some experience on that subject ; and, without going into any de- tails on the subject, he would nurely state that it was known, that, for a long period, the small amount of the public domain possessed by some of the States, in comparison with the quantity possessed by the general government, had been a cause of great agitation in the public mind, and had greatly influenced the course of legisla- tion. Persons coming from the quarter of the State in which the public land was situated, united in sympathy and interest, constituted al- ways a body who acted together, to promote their common object, either by donations to settlers, or reduction in the price of the public lands, or the relief of those who are debtors for the public domain ; and were always ready, as men always will be, to second all those measures which look towards the accomplishment of the main object which they have in view. So, if this question were not now settled, it would be a source of inexpressible difficulty hereafter, in- fluencing all the great interests of the country, in Congress, affecting great events without, and perhaps adding another to those unhappy causes of division, which unfortunately exist at this moment." In his arguments in support of his bill, Mr. Clay looked to the lands as a source of revenue to the States or the federa' government, from their sale, and not from .heir settlement and cultivation, and the revenue to be derived from the wealth and population to which their settle- ment would give rise ; and, concluding with an encomium on his bill under the aspect of revenue from sales, he said : " He could not conceive a more happy dispo- sition of the proceeds of the public lands, than that which was provided by this bill. It was supposed that five years would be neither too long nor too short a period for a fair experiment. In case a war should break out, we may with- draw from its peaceful destination a sum of from two and a half to three and a half millions of dollars per annum, and apply it to a vigorous prosecution of the war — a sum which would pay the interest on sixty millions of dollars, which might be required to sustain the war, and a sum which is constantly and progressively increasing. It proposes, now that the general government has no use for the money, now that the surplus treasure is really a source of vexatious embar- rassment to us, and gives rise to a succession of projects, to supply for a short time a fund to the States which want our assistance, to advance to them that which we do not want, and which they will apply to great beneficial national pur- poses ; and, should war take place, to divert it to the vigorous support of the war ; and, when it ceases, to apply it again to its peaceful pur- poses. And thus we may grow, from time to -, mk£ iii 4: 'ii >) 111 -' ''*-' i '"III 364 THIRTY YEARS' VIEW. time, with a fund which will endure for cen- turies, and which will augment with the growth of the nation, aiding the States in scagons of peace, and sustaining the general government in periods of war." Mr. Calhoun deprecated this distribution of the land money as being dangerous in itself and unconstitutional, and as leading to the distribu- tion of other revenue- *- which he was pro- phetic. He said : " He could not yield his assent to the mode which this bill proposed to settle the agitated question of the public lands. In addition to several objections of a minor character, he had an insuperable objection to the leading principle of the bill, which proposed to distribute the proceeds of the lands among the States. He believed it to be both dangerous and unconsti- tutional. He could not assent to the principle, that Congress had a right to denationalize the public funds. He agreed that the objection was not so decided in case of the proceeds of lands, as in that of revenue collected from taxes or duties. The senator from Ohio had adduced evidence from the deed of cession, which certainly coun- tenanced the idea that the proceeds of tlie lands migiit be subject to the distribution proposed in the bill ; but he was far from being satisfied that the argument was solid or conclusive. If the principle of distribution could be confined to the proceeds of the lands, he would acknowledge that his objection to the principle would be weakened. " He dreaded the force of precedent, and he foresaw that the time would come when the example of the distribution of the proceeds of the public lands would be urged as a reason for distributing the revenue derived from other sources. Nor would the argimient be devoid of plausibility. If we, of the Atlantic States, insist that the revenue of the West, derived from lands, should be equally distributed among all the States, we must not be surprised if the interior States should, in like manner, insist to distribute the proceeds of the customs, the great source of revenue in the Atlantic States. Should such a movement be successful, i*^ must be obvious to every one, who is the least acquainted with the workings of the human heart, and the nature of government, that nothing would more certainly endanger the existence of the Union. The re- venue is the power of the State, and to distribute its revenue is to dissolve its power into its original elements." Attempts were made to postpone the bill to the next session, which failed ; and it passed the Senate by a vote of 24 to 20. Yeas. — Messrs, Beli, Chambers, Clay, Clay- ton, Dallas, Dickerson, Dudley, Ewin;^', Foot, Frelinghuysen, Hendricks, Holmes, JoLnstoUj Knight, Poindexter, Prentiss, Robbins, Ruggles Seymour, Silsbee, Sprague, Tomlinson, Wagga- man, Wilkins — 24. Nays. — Messrs. Benton, Black. Brown, Buck- ner, Calhoun, Forsyth, Grundy, Hill, Kane, Kinp Mangum, Miller, Moore, Rives, Robinson. Smith* Tipton, Tyler, White, Wright— 20. ' The bill went to the House and received amendments, which did not obtain the concur- rence of the Senate until midnight of the first of March, which, being the short session, was within twenty-four hours of the constitutional termination of the Congress, which was limited to the 3d — which falling this year on Sunday, the Congress would adjourn at midnight of the 2nd. Further efforts were made to postpone it, and upon the ground that, in a bill of that magnitude and novelty, the President was en- titled to +he full ten days for the consideration of it which the constitution allowed him, and he would have but half a day ; for if passed that night it could only reach him in the fwe- noon of the next day — leaving him but half a day for his consideration of the measure, wiicre the constitution allowed him ten ; and that half day engrossed with all crowded business of an expiring session. The next evening, the Presi- dent attended, as usual, in a room adjoining tlie Senate chamber, to be at hand to sign bills and make nominations. It was some hours in the night when the President sent for me, and with- drawing into the recess of a window, told me that he had a veto message ready on the land bill, but doubted about sending it in, lest there should not be a full Senate ; and intimated his apprehension that Mr. Calhoun and some of his friends might be absent, and endanger the bill : and wished to consult me upon that point. I told him I would go and reconnoitre the chamber, and adjacent rooms ; did so — found that Mr. Calhoun and his immediate friends were absent — returned and informed him, when he said he would keep the bill until the next session, and then return it with a fully considered message — his present one being brief, and not such as to show his views fully. I told him I thought he ought to do so — that such a measure ought not to be passed in the last hours of a session, in a thin Senate, and upon an imperfect view of his objections ; and that the public good required it to be held up. It was so ; and during the , long vacation of nine months which intervened before the next session, the opposition presses ANNO 1833. ANDREW JACKSON, PRESIDENT. 365 iS, Robbing, Ruggles, Tomlinson, Wagga- Black, Brown, Buck- idy, llill, Kane, King, ves, Robinson. Smith, ;ht— 20. House and received ot obtain the concur- midnight of the first e short session, was of the constitutional ss, which wa.s limited this year on Sunday, im at midnight of the ire made to postpone that, in a bill of that he President was en- 3 for the consideration :ion allowed him, and ' a day ; for if passed reach him in the firre- caving him but half a ; of the measure, where him ten ; and that half Towded business of an lext evening, the Prcsi- in a room adjoining the land to sign bills and was some hours in the t sent for me, and witli- of a window, told me ;age ready on the land sending it in, lest there late ; and intimated his alhoun and some of his and endanger the bill : me upon that point, I reconnoitre the chamber, lid so— found that Jlr, iate friends were absent ^d him, when he said he til the next session, and 'ully considered message brief, and not such as . I told him I thought such a measure ought last hours of a session, (on an imperfect view of , the public good required was so; and during the nonths which intervened j I, the opposition presses and orators kept the country filled with denun- ciations of the enormity of his conduct in '^pock- eting " the bill— as if it had been a case of " flat burglary," instead of being the exercise of a constitutional right, rendered most just and proper under the extraordinary circumstances which had attended the passage, and intended return of the bill. At the commencement of the ensuing session he returned the bill, with his '.vcll-considcred objections, in an ample message, which, after going over a full history of the derivation of the lands, came to the following conclusions : ' " 1. That one of the fundamental principles, on which the confederation of the United States was originally based, was, that the waste lands of tlie West, within their limits, should be the common property of the United States. " 2. That those lands were ceded to the United States by the States which claimed them, and the cessions were accepted, on the express con- dition that they should be disposed of for the common benefit of the States, according to their respective proportions in the general charge and expenditure, and for no other purpose what- soever. " 3. That, in execution of these solemn com- pacts, the Congress of the United States did, under the confederation, proceed to sell these lands, and put the avails into the common trea- sury ; and, under the new constitution, did re- peatedly pledge them for the payment of the public debt of the United States, by which pledge each State was expected to profit in pro- portion to the general charge to be made upon it for that object. "These arc the first principles of this whole subject, which, I think, cannot be contested by any one who examines the proceedings of the revolutionary Congress, the sessions of the several States, and the acts of Congress, under the new constitution. Keeping them deeply im- pressed upon the mind, let us proceed to exam- ine how far the objects of the cessions have been completed, and see whether those compacts are not still obligatory upon the United States. "The debt, for which these lands were pledged bv Congress, may be considered as paid, and they are consequently released from that lien. But that pledge formed no part of the compacts with the States, or of the conditions upon which the cessions were made. It was a contract be- tween new parties — between the United States and their creditors. Upon payment of the debt, the compacts remain in full force, and the obli- sration of the United States to dispose of the lands for the common benefit, is neither des- troyed nor impaired. As they cannot now be executed in that mode, the only legitimate ques- tion which can arise is, in what other way are these lands to be hereafter disposed of for the common benefit of the several States, ' according to their respective and usual proportion in th« general charge and expenditure ? ' The a<8sions of Virginia, North Carolina, and Georgia, in ex- press terms, and all the rest impliedly, not onlj provide thus specifically the proportion, accord- ing to which each State shall profit by the pro- ceeds of the land sales, but they proceed to de- clare that they shall be 'faithfully and bona fide disposed of for that purpose, and for no other use or purpose whatsoever.' This is the fundamental law of the land, at this moment, growing out of compacts which are older than the constitution, and formed the corner stone on which the Union itself was erected. " In the practice of the government, the pro- ceeds of tlie public lands have not been set apart as a separate fund for the payment of the public debt, but have been, and are now, paid into the treasury, where they constitute a part of the aggregate of revenue, upon which the government draws, as well for its current ex- penditures as for payment of the public debt. In this manner, they have heretofore, and do now, lessen the general charge upon the people of the several States, in the exact proportions stipulated in the compacts. '' These general charges have been composed, not only of the public debt and the usual ex- penditures attending the civil and military ad- ministrations of the government, but of the amounts paid to the States, with which these compacts were formed ; the amounts paid the In- dians for their right of possession ; the amounts paid for the purchase of Louisiana and Florida ; and the amounts paid burveyors, registers, re- ceivers, clerks, &c., cmplo3'ed in preparing for market, and selling, the western domain. From the origin of the land system, down to the 30th September, 1832, the amount expended fur all these purpose has been about $49,701,280 and the amount received from the sales, deducting payments on account of roads, Ac, about $38,- 386,024. The revenue arising from the public lands, therefore, has not been sufficient to meet the general charges on the treasury, which have grown out of them, by about $11,314,050. Yet, in having been applied to lessen those charges, the conditions of the compacts have been thus far fulfilled, and each State has profited accord- ing to its usual proportion in the general chaise and expenditure. The annual proceeds of land sales have increased, and the charges have dimin- ished ; so that, at a reduced price, those lands would now defray all current charges growing out of them, and save the treasury from further advances on their account. Their original intent and object, therefore, would be accomplished, as fully as it has hitherto been, by reducing the price, and hereafter, as heretofore, bringing the proceeds into the treasury. Indeed, as this is the only mode in which the objects of the origi- nal compact can be attained, it may be consi- dered, for all practical purposes, that it is one of their requirements. WWW i\ ■;• "ill! 366 THIRTY YEARS' VIEW. " The bill before me begins with nn entire sub- version of every one of the compiicts by which the United StJitcs became possessed of their western domain, and treats the subject as if they never had existence, and as if the United States were the original and unconditional own- ers of all the public lands. The first section directs — "•That, from and after the 31st day of De- cember, 1832, there shall be allowed and paid to each of the States of Ohio, Indiana, Illinois, Alabama, Missouri. Mississippi, and Louisiana, over and above what each of the said States is entitled to by the terms of the compacts entered into between them, respectively, upon their ad- mission into the Union and the United States, the sum of twelve and a half per centum upon the net amount of the sales of the public lands, which, subsequent to the day afoscsaid, shall be made within the several limits of the said States ; M'hich said sum of twelve and a half per centum shall be applied to some object or objects of in- ternal improvement or education, within the said States, under the direction of their several legislatures.' " This twelve and a half per centum is to be taken out of the net proceeds of the land sales, before any apportionment is made ; and the same seven States, which are first to receive this pro- portion, arc also to receive their due proportion of the residue, according to the ratio of general distribution. " Now, waiving all considerations of equity or policy', in regard to this provision, what more need be said to demonstrate its objectionable character, than that it is in direct and undis- guised violation of the pledge given by Congress to the States, before a single cession was made ; that it abrogates the condition upon which some of the States came into the Union ; and that it sets at nought the terms of cession spread upon the face of every grant under which the title to that portion of the public land is held by the federal government ? " In the apportionment of the remaining seven eighths of the proceeds, this bill, in a manner equally undisguised, violates the conditions upon which the United States acquired title to the ceded lands. Abandoning altogether the ratio of distribution, according to the general charge and expenditure provided by the compacts, it adopts that of the federal representative popu- lation. Virginia, and other States, which ceded their lands upon the express condition that they should receive a benefit from their sales, in pro- portion to their part of the general charge, arc, by the bill, allowed only a portion of seven eighths of their proceeds, and that not in the proportion of general charge and expenditure, but in the ratio of their federal representative population. "The constitution of the United States did not delegate to Congress the power to abrogate these compacts. On the contrary, by declaring that nothing in it ' shall be so construed as to prejudice any claims of the United States, or of any particular State,' it virtually provides that these compacts, and the rights they secure, shall remain untouched by the legislative power, which shall only make all ' needful rules and regula- tions ' for carrying them into effect. All be- yond this, would seem to be an assumption of undelegated power. '• These ancient compacts are invaluable monu- ments of an age of virtue, patriotism, and disin- terestedness. They exhibit the price that great States, which had won liberty, were willinfc to pay for that Union, without which, they plainly saw, it could not be preserved. It was not for tei ritory or State power that our revolutionary fathers took up arms; it was for individual liberty, and the right of .'^elf-government. Tlie expulsion, from the continent, of British armies and British power was to them a barren con- quest, if, through the collisions of the redeemed States, the individual rights for which tliey fought should become the prey of petty military tyrannies established at home. To avert such consequences, and throw around libeity tlie shield of union, States, whose relative strenptli, at the time, gave them a preponderating power magnanimously sacrificed domains which would have made them the rivals of empires, only stipulating that they should be disposed of for the common benefit of themselves and the other confederated States. This enlightened policy produced union, and has secured liberty. It has made our waste lands to swarm with a busy people, and added many powerful States to our confederation. As well for the fruits which these noble works of our ancestors have pro- duced, as for the devotedness in which tlicy originated, we should hesitate before we demol- ish them. " But there are other principles asserted in the bill, which would have impelled me to with- hold my signature, had I not seen in it a viola- tion of the compacts by which the United States acquired title to a large portion of the public lands. It reasserts the principle contained in the bill authorizing a subscription to the stock of the Maysville, Washington, Paris, and Lex- ington Turnpike Road Company, from which I was compelled to withhold my consent, fur rea- sons contained in my message of the 27th Jlay, 1830, to the House of Representatives. The leading principle, then asserted, was, that Cod- gress possesses no constitutional power to ap- propriate any part of the moneys of the United States for objects of a local character within the States. That principle, I cannot be mistaken in supposing, has received the unequivocal sanction of the American people, and all subsequent re- flection has but satisfied me more thoroughly that the interests of our people, and the purity ' of our government, if not its existence, depend on its observance. The public lands are the common property of the United States, and the moneys arising from their sales are a part of the public revenue. This bill proposes to raise from, ANNO 1833. ANDREW JACKSON, PRESIDENT. 367 nited States, or of lally provides that s they secure, shall lative power, which rules and regula- te effect. All be- s an assumption of re invaluable monu- itriotism. and disin- thc price that great rty, were willin}; to which, they plainly ed. It was not for it our revolutionary was for individual If-government. The lit. of British armies them a baiTcn con- ions of the redeemed hts for which they ^rey of petty military ome. To avert such around liberty tlie lose relative strenfith, ireponderatinp: power, domains which would als of empires, only Id be disposed of for mselves and the other lis enlightened policy bcured hberty. It has swarm with a busy lowerful States to our for the fruits which ancestors have pro- dness in which they itate before we dcmol- principles asserted in ! impelled me to with- not seen in it a viola- lich the United States portion of the public principle contained in )Scription to the stock ngton, Paris, and Lcx- ■ompany, from which 1 Id my consent, for rca- ssage of the 27 th ilay, Representatives. The ;serted, was, that Cod- itutional power to ap- p moneys of the United al character within the cannot be mistaken in .le unequivocal sanction and all subsequent re- il me more thoroughly people, and the purity t its existence, depend public lands are the United States, and the i,r sales are a part of the I proposes to raise from, and appropriate a portion of, this public revenue to certain States, providing expressly that it shall '1)6 applied to objects of internal improve- nient or education within those States,' and then proceeds to appropriate the balance to all the States, with the declaration that it shall be ap- plied ' to such purposes as the legislatures of the said respective States shall deem proper.' The former appropriation is expressly for inter- nal improvements or education, without qualifi- cation as to the kind of improvements, and, therefore, in express violation of the principle maintained in my objections to the turnpike road bill, above referred to. The latter appro- priation is more broad, and gives the money to be applied to any local purpose whatsoever. It will not be denied, that, under the provisions of the bill, a portion of the money might have been applied to making the very road to which the bill of 1830 had reference, and must, of course, come within the scope of the same principle. If the money of the United States cannot be ap- plied to local purposes through its own agents, as little can it be permitted to be thus expended through th" agencj' of the State governments. "It has been supposed that, with all the reduc- tions in our revenue which could be speedily eBccted by Congress, without injury to the sub- stantial interests of the country, there might be, for some years to come, a surplus of moneys in the treasury ; and that there was, in principle, no objection to returning them to the people by whom they were paitl As the literal accom- plishment of such an object is obviously imprac- ticable, it was thought admissible, as the nearest approximation to it, to hand them over to the State governments, the more immediate repre- sentatives of the people, to be by them applied to the benefit of those to whom they properly belonged. The principle and the object was, to return to the people an unavoidable surplus of revenue which might have been paid by them under a system wliich could not at once be aban- doned ; but even this resource, which at one time seemed to be almost the only alternative to save the general government from grasping unlimited power over internal improvements, was suggest- ed with doubts of its constitutionality. " But this bill assumes a new principle. Its object is not to return to the people an unavoidable surplus of revenue paid in by them, but to create a surplus for distribution among the States. It seizes the entire proceeds of one source of reven- ue, and sets them apart as a surplus, making it necessary to raise the money for supporting the jrovernment, and meeting the general charges, from other sources. It even throws the entire land system upon the customs for its support, and makes the public lands a perpetual charge upon the treasury. It docs not return to the people moneys accidentally or unavoidably paid by them to the government by which they are not wanted ; but compels the people to pay moneys into the treasury for the mere purpose of creating a surplus for distribution to their State governments. If this principle bo onco admitted, it is not difficult to perceive to what consequences it m?.y lead. Already this bill, by throwing the land system on the revenues from imports for support, virtually distributes among the States a part of those revenues. The pro- portion may be increased from time to time, without any departure from the principle now asserted, until the State governments shall de- rive all the funds necessary for their support from the treasury of the United States ; or, if a sufficient supply should be obtained by some States and not by others, the deficient States might complain, and, to put an end to all fur- ther difficulty, Congress, without assuming any new principle, need go but one step fuither, and put the salaries of all the State governors, judg- es, and other officers, with a sufficient sum for other expenses, in their general appropriation bill. " It appears to me that a more direct road to consolidation cannot be devised. Money is power, and in that government which pays all the public officers of the States, will all political power be substantially concentrated.' The State governments, if governments they might be call- ed, would lose all their independence and digni- ty. The economy which now distinguishes thero would be converted into a profusion, limited only by the extent of the supply. Being the depen- dants of the general government, and looking to its treasury as the source of all their emolu- ments, the State officers, under whatever names they might pass, and by whatever forms their duties might be prescribed, would, in eflcct, bo the mere stipendaries and instruments of the central power. " I am quite sure that the intelligent people of our several States will be satisfied, on a little reflection, that it is neither wise nor safe to re- lease the members of their local legislatures from the responsibility of levying the taxes necessary to support their State governments, and vest it in Congress, over most of whose members they have no control. They will not think it ex- pedient that Congress shall be the tax-gatherer and i)aymaster of all their State governments, thus amalgamating all their officers into one mass of common interest and common feeling. It is too obvious that such a course would subvei t our well-balanced system of government, and ultimately deprive us of the blessings now de- rived from our happy union. " However willing I might be that anj' un- avoidable surplus in the treasury should be re- turned to the people through their State govern- ments, I cannot assent to the principle that a surplus may be created for the purpose of dis- tributi' n. Viewing this bill as, inefJect, assum- ing the right not only to create a surplus for that purpose, but to divide the contents of tho treasury among the States w ithout limitation, from whatever source they may be derived, and asserting the power to raise and appropriat« money for the support of every State govern- ment and institution, as well as for making every lit ti 368 THIRTY YEARS' VIEW. ill.. :^ i"s* iM ' .( '■'. *^/ ■'^;-?-,UH m: \ f W' a, ;'! ■* li ■» ' is n '€ 11 te- i local improvement, however trivial, T cannot give it my assent. ''It is (iifflcnlt to perceive v.liat advantajres would accrue to the old States or the new fiom tlie system of distribution which this hill pro- poses, if it were otherwise nnohjectioniihle. It rciiuires no arj^ument to prove, tiiat if triree mil- lions of dollars ayear,oriuiy other sum, sliull Iw taken outof the treasury hy'this bill fordistribu- tion. it must be replaced by the same sum collect- ed from the people through some other means. The old States will receive annually a sum of money from the treasury, but they will pay in a larger sum, together with the expenses of col- lection and distribution. It is only tlicir pro- portion of seven eights of the proceeds of land sales which they are to receive, but they must pay their due proportion of the whole. Disguise it as we may, the bill proposes to them a dead loss in tiie ratio of eight to seven, in addition to expenses and other incidental losses. This as- sertion is not the less true because it may not at first be palpable. Their receipts will be in large sums, but their payments in small ones. The governments of the States will receive seven dollars, for which the people of the "tates will pay eight. The large sums received will be palpable to the senses ; the small sums paid, it requires thought to identify. But a little consideration will satisfy the people thattheellect is the same as if seven hundnsd dollars were given them from the public treasury, for which they were at the same time reciuired to pay in taxes, direct or in- direct, eight hundred. " 1 deceive myself greatly if the new States would find their interests promoted by such a system as this bill proposes. Their true policy consists in the rapid settling and imj)rovement of the waste lands within their limits. As a means of hastening those events, they have long been looking to a reduction in the price of public lands ujTOn the final payment of the national debt. The efl'ect of the proposed syctem would be to prevent that reduction. It is true, the bill reserves to Congress the power to reduce the price, but the efl'ect of its details, as now ar- ranged, would probably be forever to prevent its exercise. "With the just men who inhabit the new States, it is a sufficient reason to reject this system, that it is in violation of the fundamental laws of the republic and its constitution. But if it were a mere question of interest or expe- diency, they would still reject it. They would not sell their bright prospect of increasing wealth and growing power at such a price. They would not place a sum of money to be paid into their treasuries, in competition with the settle- ment of their waste lands, and the increase of their population. They would not consider a small or large annual sum to be paid to their governments, and immediately expended, as an equivalent for that enduring wealth which is composed of flocks and herds, and cultivated farms. No temptation will allure them from -J^ that object of abiding interest, the Hettlemcnt of their waste lands, and the increase of a hardv race of free citizens, their glory in peace and their defence in war. " On the whole, I adhere to the opinioji ex- pressed by me in my annual message of 1 8;i2 that it is our true policy that the public lands sliall cease, as soon as practicable, to be a source of revenue, except for the payment of those gen- enil charges which grow out of the acquisition of the lands, their survey, and sale. Although these expenses have not been met by the j)ro- ceeda of sales heretofore, it is quite certain they will be hereafter, even after a considerable reduc- tion in the price. By meeting in the tn-asury so much of the general charge as arises from that source, they will be hereafter, as they have l)ecn heretofore, disposed of for the conmion bene- fit of the United States, according to tue coin- pacts of cession. I do not doubt that it is the real interest of each and all the States in the Union, and particularly of the new States, that the price of these lands shall be reduced and graduated; and that, after they have been ofl'ir- ed for a certain number of j'cars, the refuse, re- maining unsold, shall be abandoned to the States and the machinery of our land system entirely withdrawn. It cannot be supposed the coin- pacts intended that the United States should retain forever a title to lands within the States, which are of no value ; and no doubt is en- tertained that the general interest would \m best promoted by surrendering such lands to the States. " This plan for disposing of the public lamls impairs no principle, violates no compact, and deranges no sj'stem. Already has the price of those lands been reduced from two dollars per acre to one dollar and a quarter ; and upon tiio will of Congress, it depends whether there shall be a further reduction. While the burdens of the East are diminishing by the reduction of the duties upon imports, it seems but equal justice that the chief burden of the West should bu lightened in an equal degree at least. It would be just to the old States and the new, conciliate every interest, disarm the subject of all its dan- gers, and add another guaranty to the perpetu- ity of our happy Union." Statement respecting the revenue derived from the public 7a«(/s, accompanying the I^rcsi- denVs Message to the Senate, December 4M, 1833, stating his reasons for not approving the Ijand Bill : Statement of the amount of money which has been paid by the United States for the title to the public lands, including the payments made under the Louisiana and Florida treaties; the compact with Georgia ; the settlement with the Yazoo claimants; the contracts with the Indian tribes ; and the expenditures for comiiensaticn to commissioners, clerks, surveyors, and otlier officers, employed by the United States for tho ANNO 1833. ANDREW JACKSON, IMlESTni^NT. 369 \e settlcmput of aso of a hardy ■y in peace and Uic opinion cx- lU'Hsape of \K\2, the public lands lie, to be a so\iicc icnt of those pen- iftho acquisition sale. AUhouph niet by the pro- rinite certain they onsidcrable rcdiio- in the treasury so i arises from that as they have been he common bene- rding to tae com- oiibf that it is tl\c the States in the ic new States, that all be reduced imd [u>y have been o«i.r- eiirs, the refuse, re- iidoned to the States, and system entirely supposed the cum- nited States should 1^ within the States, lud no doubt i-' en- il interest would be cring such lands to r of the public lands tes no compact, iu\d owly has the price of ■from two dollars per Liter; and upon the 8 whether there shall R' bile the burdens of V the reduction of tlic ;ma but equal justice the West should be he at least. It would Ind the new, conciliate subject of all its daii- 'iranty to the pcrpetu- Irevenue derived from Kpanying the I'rcsv- Senate, December Mh, Ins for not approving Lt of money which has rstates for the title t^ \ the payments maje ■'Florida treaties; the L settlement with the Itracts with the Indian lures for compensation surveyors, i^"^! «;'£ .United States for thft manapcment and sale of the Western doiimin ; the gross amount of money received into the treasury, as the proceeds of public lands, to the 30th of SeptemlxT, 18.'52; also, the net amount, after dedueting five jH-r cent., expended on ac- count of roads within, and leading to the West- ern States, Ac, and sums refunded on account of errors in the entries of public lands. Payment on account of the purchase of Louis- iana: PrlnHpnl. |l4,ns4,S72 2S Ijitt.riMton |lt,25(),O00 H,.V.'lVt.W 4:» 123,614,225 Tl Payment on account of the purchase of Florida: rrinollMl, »4,!)S.'i,.'.n!) S2 lulcru.st to HOtli Sfpteinbisr, 1832, l,48«,7(i.S «« $0,475,303 4H Pnyniont of compact with fl»or(fl«, . - . . I,mj,'),l84 OB i'Hyiiient of tlio Huttleiiient witli tliu Yiuoo cl«lmanl^ 1,830,808 04 rftvriieiiti)f cimtrads with t!..i- teinber, 1882, $39,614,000 07 Dediivt payintintH from tho trvatiury on ac- count of roads, 4c., 1.227,375 94 $8a,380,(>24 18 T. L. Smith, Jieg. Trf.asury Department, Register's Office, Mavck 1, 1833, Such was this ample and wcU-considcrcd message, one of the wisest and most patriotic ever delivered by any President, and presenting General Jackson under the aspect of an immense elevation over the ordinary arts of men who run a popular career, and become candidates for popular votes. Such arts require addresses to popular interests, the conciliation of the interest- ed passions, the gratification of cupidity, the favoring of the masses in the distribution of money or property as well as the enrichment of classes in undue advantages. General Jackson exhibits himself as equally elevated above all these arts — as fiir above seducing the masses with agrarian laws as above enriching the few with the plundering legislation of banks and tariffs ; and the people felt this elevation, and did honor to themselves in the manner in which they appreciated it. Far from losing his popular- ity, he increased it, by every act of disdain which he exhibited for the ordinary arts of con- ciliating popular favor. His veto message, on I this occasion was an exemplification of all the Vol. I.— 24 higli qualities of the public man. lie sat out with showing that thest! lands, so far as they were divided from the States, were granted as a common fund, to be di«po.sod of for the benefit of all tho States, a.^cording to their usual respect- ive proportions in the general charge and ex- penditure, and for no other use or purpose what- soever ; and that by tho principles of our gov- ernment and sound policy, those acquired from foreign governments could only bo dispo.sed of in the same manner. In addition to these great reasons of jtrinciple and policy, the message clearly points out the mischief which any scheme of distribution will inflict upon the new States in preventing reductions in tho price of the public lands — in preventing donations to settlers — and in preventing the cession of the unsalable lands to the States in which they lie ; and re- curs to his early messages in support of the policy, now that the public debt was paid, of looking to settlement and population as tho chief objects to be derived from these lands, and for that purpose that they be sold to settlers at cost. CHAPTER XCI. COMMENCEMENT OF THE TWENTY-TIIIP.D CON- GUESS.— TUE MEMBEUS, AND PUKSIUENTS MES- SAGE. On the second day of December, 1833, com- menced the first session of the Twenty-third Congress, commonly called the Panic session — one of the most eventful and exciting which tho country had ever seen, and abounding with high, talent The following is the list of members : SENATE. Maine — Peleg Sprague, Ether Shepley. New Hampshire — Samuel Bell, Isaac Hilll. Massachusetts — Daniel Webster, Nathaniel' Silsbec. Rhode Island — Nehemiah R. Knight, Asher Robbins. Co.nnf.cticut — Gideon Tonilinson, Nathan Smith. Vermont — Samuel Prentiss, Benjamin Swift. New York— Silas Wright, N. P. Tallmadge. New .Jeusev — Theodore Frelinghuysen, S. L. Southard. Pennsvlvania — William Wilkins, Samuel McKean. Delaware — John M. Clayton, Arnold Niaur- daiu. ■i^tahmm-' ^aiJKPiiSp', 370 TiniiTY YKAIIS- VFKW. II ittlrton lliiuu Cost.Iolni- ;tod«lcrt, Francis rillmm S. ArrluT. .llouUUn, .los.iih aibornc, Thniuas iinn'P ll.fiholHin, Loyall, Kdwavd 'iUiam McCouuis. McT)o\veU Moon-, U'VOUKon, AVilliain llcnrv A. Wise. L.Bivrvii)pt-'r,JcPso • Kdnminl Debcvry, .' Hall, Micajali T. Abraham Uciuhor. slinc II. ShciipiTd, ns. i Bhiir, William K. , John M. VV'ldi'r, k. Grilhn, (icors*. CVt Mavton, Jobn Coifw, , (iamhle, C.covp- U. lUiam Schley, James llan, :Martin ^^'^[Y^ ■is Benjamin llavdiu, M. Johnson. James 'homas A. Marshall, ,cr Tompkins. John Bhiir, Samuel iJavid W. Dickinson, jB Forester, William ike l.oa,Balie Peyton, \ndifer. James M. Bell Jolm Joseph n. Crane, "nin Jones, Henry 11. . Jeremiah McLean, I 'Patterson, Jonathan ohn Thomson Joseph »n, Taylor Webster, iThomas, Edward P. I, John Carr, John Icgan, acorgc L. Km- TanMcCarty. ieFrankhnE.Plumer, [ey, Joseph Duncan, Clay, R-^'^^" "-Jthir' McKinlcy, John Mur- Ashley, John Bull. .edasthUelcgatcfrom ANNO 1833. ANDREW JACKSON, PRKSIDKNT. 371 Aiiibrosf H. Sevier also appeared ... the dele- pate from tlie territory of Arkan.sas, — Joseph M. White from Fioiidii. Mr. Andrew Stevenson, who had been chosen Speaker of the House for tlie three succeeding Congresses, w.is re-elected by a great majority — indicatiii}; the administration strength, and his own popularity. The annual message was immediately sent in, and presented a gratifying view of our foreign relations — all i.ations being in peace and amity with us, and many giving fresh proofs of fricDdship, either in new treaties formed, or indemnities made for previous injuries. The state of the finances was then adverted to, and shown to be in the most favorable condition. The me.s.sage said : '•It gives me great pleasure to congratulate you upon the prosperous condition of the finan- ces of the country, as will appear from the report which the Secretary of the Treasury will, indue time, lay before you. The receipts into the Tri-'usury during the present year will amount to more than thirty-two millions of dollars. The reveime derived from customs will, it is be- lieved, be more than twenty-eight millions, and the jjublic lands will yield about three millions. Tlie expenditiires within the ycnr, for all objects, including two millions five hundred and seventy- two thousand two hundred and forty dollars and ninety-nine cents on account of the public debt, will not amount to twenty-five millions, and a large balance will remain in the Treasury after satisfying all the appropriations chargeable on the revenue for the present year." The act of the last session, called the " com- promise," the President recommended to ob- servance, " unless it .should be found to produce more revenue than the necessities of the govern- ment required." The extinction of the public debt presented, in the opinion of the President, the proper occasion for organizing a system of expenditure on the principles of the strictest economy consistent with the public interest; and the passage of the message in relation to that point was particularly grateful to the old friends of an economical administration of the government. It said: 'But, while I forbear to recommend any fur- ther reduction of the duties, beyond that already provided for by the existing laws, I mu.«t ear- "?stly and respectfully^ press upon Congress the imiwrtance of abstaining from all appropriations which are not absolutely required for the public interests, and authorized by the powers clearly delegated to the United States. We are begin- ning a new era in our government. The imtional debt, which has so long been a burden on the Treasury, will Ik' liiialiy disehargedin the course of the ensuing vear. No moie money will afterwards Ix' needed than what may be necissary to meet the ordinary expenses of the govermnent. Now then is the i)roper moment to fix oiu- sys- tem of expenditure on (inn and durable prin- ciples ; and I caimot too strongly urge the necessity of a rigid economy, and an inflexible determination not to eidarge the income beyond the real necessities of the government, ancl not to increa.se the wants of the government by unnecessary and profuse expenditures. If a contrary course should be |)ursued, it may hap- pen that the revenue of 1834 will fall short of the demands upon it ; and after reducing the tariff in order to lighten the burdens of the people, and providing for a still further reduction to take effect hereafter, it would be much to bo deplored if, at the end of another year, we .should find our.selves obliged to retrace our steps, and impo.se additional taxes to meet unnecessary expenditures." The part of the message, however, which gave the paper uncommon emphasis, and caused it to be received with opposite, and violent emotions by different parts of the comnnmity, was that which related to the Bank of the United States — its believed condition — and the con.sefpjent re- moval of the public deposits from its keeping. The deposits had been removed — done in vaca- tion by the order of the President — on the ground of insecurity, as well as of misconduct in the corporation : and as Congress, at the i)re- vious session had declared its belief of their safe- ty, this act of the President had already become a point of vehement newspaper attack upon him — destined to be ctmtinued in the halls of Con- gress. His conduct in this removal, and the reasons for it, were thus communicated : " Since the last adjournment of Congress, tlie Secretary of the Treasury has di'ccted the money of the United States to be deposited in certain State banks designated by him, and he will immediately lay before you his reasons for this direction. I concur with him entirely in the view he has taken of the subject ; and, some months before the removal, I urged upon the de- partment the propriety of taking that step. The near approach of the day on which the charter will expire, as well as the conduct of the bank, appeared to me to call for this measure upon the high considerations of public interest and public duty. The extent of its misconduct, however, although known to be great, was not at that time fidly developed by proof. It was not until late in the month of August, that I received from the government directors an official report, ■ ■r ^i4WBia^*ifck> 372 nilRTY YEAR8' VIEW. i ,*>^ I -ii yliliiii pptaMiHliinj? Itcyoml qiiostion that thiH great ixml nowerliil institution had been actiTcly I'liguged m ntU'\u]mti to infliioncc the elections of the [)iiJ)lic (ifllciTH tiy means of its money; ami tliat, n violntion of the express provisions tif its char- ter, it liad, by a formal resolution, pluoed its funds nt the disposition of its President, to he employed in sustaining the political power of the hank. A copy of this resolution is contained in th'- rejKjrt of the povernment directors, before referred to ; ami however the object may be dis- puised by cautious language, no one can doubt that this money was in truth intended for elec- tioneering purposes, and the particidar uses to which it was proved to have lK>en applied, abun- dantly show that it was so imderstood. Not only was the evidence complete as to the past application of the money and power of the bank to electi<(iiecring purposes, but that the resolu- tion of the board of directors authorized the same course to be pursued in future. " It being thus established, by unquestionable proof, that the Bank of the United States was converted into a permanent electioneering engine, it appeareil to me that the path of duty which the Kxx'cutivo department of tho government ought to pursue, was not doubtful. As by the terms of the bank charter, no officer but the Secretary of the Treasury could remove the de- posits, it seemed to me that this authority ought to be at once exerted to deprive that great c )ri)oration of the support and countenance of the government in such a use of its funds, and 8uch an exertion of its power. In this point of the case, the question is distinctly presented, whether the people of the United States are to govern through representatives chosen by their unbiassed sult'rages, or whether the money and power of a great corporation are to be secretly exerted to influence their judgment, and con- trol their decisions. It must now be determin- ed wliether the bank is to have its candidates for all offices in the country, from the highest to the lowest, or whether candidates on both sides of political questions shall be brought forward as heretofore, and supported by the usual »neans. " At this time, the efforts of the bank to con- trol public opinion, through the distresses of some and the fears of others, are equally appar- ent, and, if possible, more objectionable. By a curtailment of its accommodations, more rapid than any emergency requires, and even while it retains specie to an almost unprecedented amount in its vaults, it is attempting to produce great embarrassment in one portion of the community, while, through presses known to have been sus- tained by its money, it attempts, by unfounded alarms, to create a panic in all. " These are the means by which it seems to expect that it can force a restoration of the de- posits, and, as a necessary consequenco, extort from Congress a renewal of its charter. I am happy to know that, through the good sense of our people, the effort to get up a panic has hitherto failed, and that, through tho increased arconmiodations which the State banks have iK'eii enabled to atlbrd, no public distress has followed the exertions of the bank ; and it can- not be doubted that tho exercise of its power, and the exftenditure of its money, as well as its eflbrts to siircad groundless alarm, will be niei and ivbukeu as they deserve. In my own sphere of duty, I should feel myself called on, by the facts disclosed, to order a achr Jiiriutt against the bank, with a view to put an end to the char- tered rights it has so palpablv violated, were it not that the charter itself will expire as soon as a decision would probably be obtained from tho court of last resort. " I called tho attention of Congress to this subject in my last annual message, and informed them that such measures as were within the reach of the Secretary of the Treasury, had been taken to enable him to judge whether the pub- lic deposits in the Bank of the United States were entirely safe ; but that as his single poweiH might be inadequate to the object, 1 recom- mended the subject to Congress, as worthy of their serious investigation : declaring it as my opinion that an inquiry into the transactions of that institution, embracing the branches as well as the principal bank, was called for by the credit which was given throughout the country to many serious charges impeaching their chamcter, and which, if true, might justly excite the uj)- prehension that they were no longer a safe de- pository for the public money. The extent to which the examination, thus recommended, was gone into, is spread upon your journals, and is too well known to require to be stated. Such as was made resulted in a report from a major- ity of the Committee of Ways and Means, touch- ing certain specified points only, concluding witli a resolution that the government deposits mi^ht safely be continued in the Bank of the United States. This resolution was adopted at the c'.ose of the session, by the vote of a majority of the House of Ilepresentatives." The message concluded with renewing the re- commendation, which the President had annually made since his first election, in favor of so amending the constitution in the article of the presidential and vice-presidential elections, as to give the choice of the two first oflBcers of the government to a direct vote of the people, and that "every intermediate agency in the election of those officers should be removed." This re- commendation, like all which preceded it, remain- ed without practical results. For ten year? committees had reported amendments, and num- bers had supported them, but without obtaining in Congress the requisite two thirds to refer the proposition of amendment to the vote of the ANNO 1883. ANDREW JACKSON, PIIFSIDLXT. 373 li the imToaso« "'^i » my own Hphevc called on, by the ,(■ J'aciuK aguinst n ontl to the chai- r violated, were it expire as soon as obtained from the ConRrcsB to this (soRe, and informed j were within the Treasury, had been . whether the pub- "the United Status as his Hinple powers e object, I recoiu- icrcss, as worthy ol declaring it a« '"Y , the transactions of tbe branches as wc'h vUcdforby the credit out the country to tching their character, justly excite the uv no longer a safe Ue- ,ney. The extent to IS recommended, was your journals, ami is '^to be stated. Such report from a major- ays and Means, touch- only, concluding with ■nment deposits mi^vh Uank of the Lii.t.a as adopted at the close of a majority of the with renewing the rc- Presidcnt had annually [ction, in favor of so V in the article of the Isidential elections, as Lo first officers of the lote of the people, and agency in the election le removed." This re- lich preceded it, remain- [suits. For ten year? [amendments, and nuiu- l but without obtttimnv I' two thirds to refer the L to the vote of the pcoplo. Three causes combined always to pre- vent the concurrence of that majority : 1. The conservative spirit of many, who are unwilling, iiiiiK-r any circumstancvs, to touch an existing institution. 2. The enemies of popular elections, who deem it unsafe to lodge the high power of the presidential election, directly in tlie '.lands of tlic people. ;5. The intriguers, who wish to manage these elections fur their own benelit, and have no means of doing it exa-pt through tlie agency of intorniediatc bodies. The most potent of these agencies, and the one in fact whicli controls all the others, is the one of latest and most sjiontaneouH growth, called "conventions" — originally adopted to siijjcrsede tlic caucus system of nominations, but which retains all the evils of that system, and others peculiar to itself. They are still attended by inemhers of Congress, and with less responsi- bility to their constituents than when acting in a Congress caucus. A largo proportion of the delegates are either self-appointed or so intri- guingly appointed, and by such small number.<), as to constitute a burlesque upon popular repre- sentation. Delegates even transfer their func- tions, and make proxies — a prerogative only al- lowed to peers of the realm, in England, in their parliamentary voting, because they are legisla- tors in their own right, and represent, each one, himself, as his own constituent body, and owing rosponsibility to no one. They meet in taverns, the delegates of some of the large States, at- tended by one or two thousand backers, sup- plied with money, and making all the public ap- pliances of feasting and speaking, to conciliate or control votes, which ample means and deter- mined zeal can supply, in a case in which a per- sonal benefit is expected. The minority rules, that is to say, baffles the majority until it yields, and consents to a "compromise," accepting for that purpose the person whom the minority has held in reserve for that purpose ; and this mi- nority of one third, which governs two thirds, is itself usually governed by a few managers. And to complete the exclusion of the people from all efficient control, in the selection of a presi- dential candidate, an interlocutory committee is generally appointed out of its members to act from one convention to another — during the whole interval of four years between their period - ical assemblages — to guide and conduct the pub- lic mind, in the diflerent States, to the support of the jK-rson on whom they have Hecretly agreed. After the nomination i.H over, and the election etlected, the managers in tlu'se iioniitmtions openly repair to tli(« new President, if they havo been successful, and demand rewards for their labor, in the shape of otllces for themselves and connections. This is the way that presiih-ntial elections r.re now made in the I'nited Stiites ; for, a ppity nomination is an election, if the party is strong enough to make it ; and, if one is not, the other is; for, liotli parties act alike, and thus the mass of the people have no more part in selecting the person who is to bo their President than the subjects of hereditary tnon- arehs havo in begetting the child who is to rule over them. To such a point is the greatest of our elections now sunk by the arts of " interme- diate agencies ; " and it may bo safely assumed, that the history of free elective governments affords no instance of such an abandonment, on the part of legal voters, of their great constitu- tional privileges, and quiet sinking down of the millions to the automaton performuncc of deli- vering their votes as the few havo directed. CHAPTER XCII. KEMOVAL OF THE DKPOSITS FKOM THE BANK OP THE UNITED STATES. The fact of this removal was communicated to Congress, in the annual message of the Presi- dent ; the reasons for it, and the mode of doing it, were reserved for a separate communication ; and especially a report from the Secretary of the Treasury, to whom belonged the absolute right of the removal, without assignment of any rea.son8 except to Congress, after the act was done. The order for the removal, as it was called — for it was only an order to the collectors of revenue to cease making their deposits in that bank, leaving the amount actually in it, to be drawn out of intervals, and in different sums, according to the course at the government dis- bursements — was Lssued the 22d of September, and signed by Roger B. Taney, Esq., the new Secretary of the Treasury, appointed in place of Mr. Wm. J. Puane, who, refusing to make the ro- \AaJei -^m^s^ 374 THIRTY YEARS' VIEW. moval, upon the re(iiicst of the President, was himself removed. This measure (tlie ceasing to deposit the public nr.oneys with the Bank of the United States) was the Picsident's own mea- sure, conceived by him, carried out by him, de- fended by him, and its fate dependent upon him. He had coadjutors in every part of the business, but the measure was his own ; for this heroic civil measure, like a heroic military resolve, had to be the offspring of one great mind — self-act- ing and poised — seeing its way through all diffi- culties and dangers ; and discerning ultimate triumph over all obstacles in the determination to conquer them, or to perish. Councils are good for safety, not for heroism — good for es- capes from perils, and for retreats, but for ac- tion, and especially high and daring action, but one mind is wanted. The removal of the depo- sits was an act of that kind — high and daring, and requiring as much nerve as any enterprise of arms, in which the President had ever been engaged. His military exploits had been of his own conception ; his great civil acts were to be the same : more impeded than promoted by councils. And thus it was in this case. The majority of his cabinet was against him. His Secretary of the Treasury refused to o.vpcute his will. A few only — a fraction of the cabinet and some friends — concurred heartily in the act : Mr. Taney, attorney general, Mr. Kendall, Mr. Francis P. Blair, editor of the Globe; and some few others. He took his measures carefully and deliber- ately, and with due regard to keeping himself demonstrably, as well as actually right. Obser- yation had only confirmed his opinion, commu- nicated to the previous Congress, of the miscon- duct of the institution, and the insecurity of the public moneys in it : and the almost unanimous vote of the House of Representatives to the contrary, made no impression upon his strong conviction. Denied a legislative examination into its affairs, he determined upon an executive one, through inquiries put to the government directors, and the researches into the state of the books, which the Secretary of the Trea- sury had a right to make. Four of those di- rectors, namely, Messrs. Henry D. Gilpin, John T. Sullivan, Peter Wager, and Hugh McEldery, made two reports to the President, according to the duty assigned them, in which they showed great misconduct in its management, and a great perversion of its funds to undue and political purposes. Some extracts from these reports will show the nature of this report, the names of persons to whom money was paid being omit- ted, as the only object, in making the extracts, is to show the conduct of the bank, and not to disturb or affect any individuals. " On the 30th November, 1830, it is stated on the minutes, that ' the president submitted to the board a copy of an article on banks and cur- rency, just published in the American (iuarteiiy Review of this city, containing a favorable no- tice of this institution, and suggested the expe- diency of making the views,of the author more extensively known to the public than they can be by means of the subscription list.' Where- upon, it was, on motion, ^Hesohed, That the president be authorized to take such niesisnie:<, in regard to the circulation of the contents of the said article, either in whole or in part, as he may deem most for the interests of the bank.' On the 11th March, 1831, it again appears by the minutes that 'the president stated to tlie board, that, in consequence of the general de- sire expressed by the directors, at one of tlioir meetings of the last year, subsequent to the ad- journment of Congress, and a verbal understand- ing with the board, measures had been taken by him, in the course of that year, for furnishing numerous copies of the reports of General Sniitii and Mr. McDuffie on the subject of this bank, and for widely disseminating their contents throii-h the United States ; and that he 1ms since, by virtue of the authority given him by a resolution of this board, on the 3Cth day of November last, caused a large edition of Jlr. Gallatin's essay on banks and currency to be published and circulated, in like manner, at tiic expense of the bank. He suggested, at the same time, the propriety and expediency of extendinj; still more widely a knowledge of the concerns of this institution, by means of the republica- tion of other valuable articles, which had issued from the daily and periodical press.' Where- upon, it was,* on motion, '/^eso/'Y>c/, That tiie president is hereby authorized to cause to be prepared and circulated, such documents and papers as may communicate to the people infor- mation, in regard to the nature and operations of the bank.' " In pursuance, it is presumed, of these reso- lutions, the item of stationary and printing was increased, during the first half year of 1831. to the enormous sum of $29,979 92. exceeding that of the previous half year by $23,000, and t x- ceeding the semi-annual expenditure of ISii'J, upwards of $26,000. The expense account it- self, as made up in the book which was submit- ted to us, contained very little information rela< ANNO 1883. ANDREW JACKSON, PRESIDENT. 375 gcment, and a great indue and political rora these reports 3 report, the names vas paid being omit- laking the extracts, he bank, and not to ,uals. 1830, it is stated on ■sident submitted to ^le on banks and cur- ^American liuaittrhj ining a favorable no- l suggested the expc- 'S.of the author more '. public than they can ription list.' Whcre- ^Resohed, That the take such measnrc^. on of the contents of whole or in part, as he interests of the bank.' 1 it again appears by ,resident stated to the ncc of the general de- rectors, at one of their r subsequent to the atl- andaverbulunderstand- mres had been taken by hat year, for furmshu.g eports of General Smith e subject of this bank, linating their contents ates; and that he lias authority given Jiiui by ' jd, on the 30th day of a large edition of Mr. ,ks and currency to be 1 in like manner, at the [e suggested, at the sume exped:iency of extending jwledge of the concerns [means of the repubhca- rticles, which had issued riodical press.' Where- \ion'liesulred,i:\\iii t >« \thorized to cause to be .d. such documents and ki(!ate to the pcoidc in^r- e nature and operations presumed, of these reso- kUary and printmg wjs Jrst half year of 1831. to [oQ 979 92. excecdmg wM lear by $23,000, and. x- Ul expenditure ot l^->, fThe expense account u- l book which wa.s submit- [ry little information rela- tive to the particulars of this expenditure, and we are obliged, in order to obtain them, to re- sort to an inspection of the vouchers. Among other sums, was one of $7,801, stated to have been paid on orders of the president, under the resolution of Uth March, 1831, and the orders themselvc* were the only vouchers of the expen- diture which wc found on file. Some of the or- ders, to the amoimt of about $1,800. stated that the expenditure was for distributing General Smith's and Mr. McDufTie's reports, and Mr. Gallatin's pamphlet ; but the rest stated gene- rally that it was made under the resolution of 11th of March, 1831. There were also numer- ous bills and receipts for expenditures to indi- viduals : $1,300 for distributing Mr. Gallatin's pamphlet ; $1,675 75 for 5,000 copies of General Smith's and Mr. McDuffie's reports, &c. ; $440 for 11,000 extra papers ; of the Americnn Sen- tinel, $125 74 for printing, folding, packing, and postage on 3,000 extras ; $1,830 27 for upwards of 50,000 copies of the National Gazette, and supplements containing addresses to members of State legislatures, reviews of Mr. Benton's speech, abstracts of Mr. Gallatin's article from the Ami'rican Quarteiiy Review, and editorial article on the project of a Treasury Bank; Sl,447 75 for 25,000 copies of the repogs of Mr. McDuffie and General Smith, and for ^000 copies of the address to members of the State legislatures^ agreeably to order; $2,850 for 01.000 copies of ' Gallatin on Banking,' and 2,000 copies of Professor Tucker's article. " During the second half year of 1831, the item of stationery and printing was $13,224 87, of which $5,010 were paid on orders of the president, and stated generally to be under the resolution of 11th March, 1831, and other sums were paid to individuals, as in the previous ac- count, for printing and distributing documents. " During the first half year of 1832, the item of stationery and printing was $12,134 10, of which $2,150 was stated to have been paid on orders of the president, under the resolution of 11th March, 1831. There are also various in- dividual payments, of which we noticed $100 38 for one thousand copies of the review of Mr. Benton's speech ; $200 for one thousand copies of the Saturday Courier ; $1,176 for twenty thousand copies of a pamphlet concerning the bank, and six thousand copies of the minority report relative to the bank; $1,800 for three hundred copies of Clarke & Hall's bank book. During the last half year of 1832, tne item of stationery and printing rose to $26,543 72, of which $6,350 are stated to have been paid on orders of the president, under the resolution of 11th March, 1831. Among the specified charges we observe $821 78 for printing a review of the veto ; $1,371 04 for four thousand copies of Mr. Ewing's speech, bank documents, and review of the veto; $4,106 13 for sixty-three thousand copies of Mr. AVebster's speech, Mr. Adams's and Mr. McDuffie's reports, and the majority and minority rej)orts ; $205 for fourteen thou, sand extras of The Protector, containing bank documents ; $2,583 50 for printing and distri- buting reports, Mr. Webster's speech, &c. ; $150 12 for printing the speeches of Messrs. Clay, Ewing, and Smith, and Mr. Adams's re- port ; $1,512 75 to "Sir. Clark, fcr printing Mr. Webster's speech and articles on the veto, and $2,422 65 for fifty-two thousand five hundred copies of Mr. Webster's sjwech. There is also a charge of $4,040 paid on orders of the presi- dent, stating that it is for expenses in measures for protecting the bank against a run on the Western branches. "During the first half year of 1833, the item of stationery and printing was ^9,093 59, of which $2,600 are stated to have been paid on orders of the president, under the resolution of 11th March, 1831. There is also a charge of $800 for printing the report of the exchange committee." These various it"ms, amounting to about $80,000, all explain themselves by their names and dates — every name of an item referring to a political purpose, and every date correspond- ing with the impending questions of the re- charter and the presidential election ; and all charged to the expense account of the bank — a head of account limited, by the nature of the institution, so far as printing was concerned, to the printing necessary for the conducting of its own business ; yet in the whole sum, making the total of $80,000, there i.s not an item of that kind included. To expose, or correct these abuses, the government directors submitted the following resolution to the board : " Whereas, it appears by the expense account of the bank for the years 1831 and 1832, that upwards of $80,000 were expended and charged under the head of stationery and printing dur- ing that period ; that a large proportion of this sum was paid to the proprietors of newspapers and periodical journals, and for the printing, distribution, and postage of immense numbers of pamphlets and newspapers ; and that about $20,000 were expended under the resolutions of 30th November, 1830, and 11th March, 1831, without any account of the manner in which, or the persons to wh'>in, they were disbursed : and whereas it is expedient and proper that the particulars of this expenditure, so large and unusual, which can now be ascertained only by the examinaton of numerous bills and receipts, should be so stated as to be readily submitted to, and examined by, the board of directors and the s;:otikholders : Therefore, Resohed, That the cashier furnish to the board, at as early a day as possible, a full and particular statement of all these expenditures, designating the sums ai I 376 THIRTY YEARS' VIEW. ■ ■ \i M I i' #1 FjW; • ■ I '.i 'r '■.'•[ money paid to oa^h jierison. Uie qiif.iitity nnns the preatcBi , The report of other great mis- nk, one of which aunts at the ap- charter, miming and a half from ibout seventy end \eral Jackson was ie illegalities, cor- , therefore, detcr- e institution any it for the public imnnicated his in- F whom had been is deliberations on of them dissented he a.'isembled them nd read to them a g arc the more cs- ixiously considered ts which have been to a removal of tie Uank of the United . it his duty to coni- his cabinet the final id, and the reasons id', in order to put to prevent miscou- [ons of the dangerous ■ the United States, ,y its own acts, wore iteivd on the duties felt it his duty, not- |s of the friends by , to avail himself of !e attention of Con- ; question of its i-e- iressed in his annual 1), were reiterated in |id 1831, and in that consideration some substitute. At the was passed by a nia- jongress rechartennR ichthc President felt Istitutional veto. In act, he repeated and is and views bnetty ■ssages, declaring th« )0th inexpedient and mcing to his country- is firm determination Lpproval, the coutmu- ance of that institution oi- the establishment of any other upon similar principles. " There are strong reasons for believing that the motive of the bank in asking for a recharter at that session of Oongre.ss, was to make it a leading question in the election of a President of the United States the ensuing November, and all steps deemed necessary were taken to pro- cnre from the people a reversal of the President's dt'cision. " Although the charter was approaching its termination, and the bank was aware that it was the intention of the government to use the public deposit as fast as it has accrued, in the pay- ment of the public debt, yet did it extend its loans from January, 1831. to May, 1832, from $-12,402,304 24 to $70,428,070 72, being an in- crease of $28,025,760 48, in sixteen months. It is confidently believed that the leading object (if this immense extension of its loans was to bring as large a portion of the people as possible under its power and influence ; and it has been disclosed that some of the largest sums were pranted on very unusual terms to the conductors of the public pi'css. In some of these cases, the motive was made manifest by the nominal or insufficient security taken for the loans, by the large amounts discounted, by the extraordinary time allowed for payment, and especially bj' the subsequent conduct of those receiving the ac- commodations. "Having taken these preliminary steps to obtain control over public opinion, the bank came into Congress and asked a new charter. The object avowed by many of the advocates of tlie bank, was to put the President to the (est, that the country might know his final determina- tion relative to the bank prior to the ensuing election. Many documents and articles were printed and circulated at the expense of the bank, to bring the people to a favorable decision upon its pretensions. Those whom the bank appears to have made its debtors for the special occasion, were warned of the ruin which awaited them, fliould the President be sustained, and attempts were made to alarm the whole people b}-- paint- ing the depression in the price of property and produce, and the general loss, inconvenience, and distress, which it was represented would imme- diately follow the re-election of the President in opposition to the bank. " Can it now be said that the question of a recharter of the bank was not decided at liie election which ensued? Had the veto been equivocal, or had it not covered the whole [rround — if it had merely taken exceptions to the details of the bill, or to the time of its passage —if it had not met the whole ground of consti- tutionality and expediency, tiien there might have been some plausibility for the allegation that the question was not decided by the people. It was to compel the Presid"nt to take his stand, that the question was b. ought forward at that [articular time. He met the challenge, willingly took the position into which his adversaries sought to force him, and frankly declared his unalterable opposition to the bank as being both unconstitutional and inexpedient. On th&i ground the case was argued to the people, and now that the people havi; sustained the Presi- dent, notwithstanding the array of infiuence and power which was brought to bear upon him, it is too late, he confidently thinks, to say that the question has not been decided. AVhatever maj' be the opinions of others, the President con- siders his re-election as a decision of the people against the bank. In the concluding paragraph of his veto message he said : " ' I have now done my duty to my country. If sustained by my fellow-citizens, I shall bo grateful and happy ; if not, I shall find in the motives which impel me, ample grounds for con- tentment and peace.' " He was sustained by a just people, and he desires to evince his gratitude by carrying into ef- fect their decision, so far as it depends upon him. " Of all the substitutes for the present bank, which have been suggested, none seems to have united any considerable portion of the public in its favor. Most of them ai-e liable to the same constitutional objections for which the present bank has been condemned, and perhaps to all there are strong objections on the score of ex- pediency. In ridding the coimtry of an irre- sponsible power which has attempted to control the government, care must be taken not to unite the «ame power with the executive branch. To give a President the control over the currency and the power over individuals now possessed by the Bank of the United States, even with the material difference that he is responsible to the people, would be as objectionable and as danger- ous as to leave it as it is. Neither the one nor the other is necessary, and therefore ought not to be resorted to. " But in the conduct of the bank may be found other reasons, very imperative in their character, and wliich require ])rompt action. Developments have been made from time to time of its faith- lessness as a public agent, its misapplication of public funds, its interference m elections, its efforts, by tire machinery of committees, to de- prive the government directors of a full know- ledge of its concerns, and above all, its flagrant misconduct as recently and unexpectedly dis- closed, in placing all the funds of the bank, including the money of the government, at the disposition of the president of the bank, as means of operating upon public opinion and procuring a new charter without requiring him to render a voucher for their disbursement, A brief reca- pitulation of the facts which justify these charges and which have come to the knowledge of the public and the President, will, he thinks, remove every reasonable doubt as to the course which it is now the duty of the President to pursue. " We have seen that in sixteen months, ending in May, 1832. the bank had extended its loans more than $28,000,000, although it knew the government intended to appropriate most of its ^^^iii >••■ , ' ■* 378 THIRTY YEARS' VIEW. WlP B if::?' mm -Mi large deposit durii. (^ that year in payment of the public debt. It was in May, 1832, that its loans arrived at the maximum, and in the pre- ceding March, go sensible was the bank that it would not be able to pay over the public deposit when it would be required by the government, that it commenced a secret negotiation without the approbation or knowledge of the government, with the agents, for about $2,700,000 of the three per cent, stocks held in Holland, with a view of inducing them not to come forward for payment for one or more years after notice should be given by the Treasury Department. This arrangement would have enabled the bank to keep and use during that time the public money set apart for the payment of these stocks. "Although the charter and the rules of the bank, both, declare that ' not less than seven di- rectors ' shall be necessary to the transaction of business, yet. the most important business, even that of granting discounts to any extent, is in- trusted to a committee of five members who do not report to the board. " To cut off all means of communication with the government, in relation to its most important acts, at the commencement of the present year, not one of the government directors was placod on any one committee. And although since, by an unusual remodelling of those bodies, some of those directors have been placed on some of the committees, they are yet entirely excluded from the committee of exchange, through which the greatest and most objectionable loans have been made. '' Wiieu the government directors made an effort to bring back the business of the bank to the board, in obedience to the charter and the existing regulations, the board not only over- ruled their attempt, but altered the rule so as to make it conform to the practice, in direct vio- lation of one of the most important provisions of the charter which gave them existence. " It has long been known that the president of the bank, by his single will, originates and executes many of the most important measures connected with the management and credit of the bank, and that the committee, as well as the board of directors, are left in entire ignorance of many acts done, and correspondence carried on, in their names, and apparently under their authority. The fact has been recently disclosed, that an unlimited discretion has been, and is now, vested in the president of the bank to expend its funds in payment for preparing and circulat- ing articles, and purchasing pamphlets and news- papers, calculated by their contents to operate on elections and secure a renewal of its charter. " With these facts before him, in an official report from the government directors, the Pre- sident would feel that he was not only responsi- ble for all the abuses and corruptions the bank has committed, or may commit, but almost an accomplice in a conspiracy against that govern- ment which he has sworn honestly to administer, if he did not take every step, within his consti- tutional and legal power, likely to be^ efficient in putting an end to these enormities. If jt [^q possible, within the scope of human afliiirs, to find a reason for removing the government de- posits, and leaving the bank to its own resource for the means of effecting its criminal designs we have it here. AVas it expected, when the moneys of the United States were directed to be placed in that bank, that they would be put under the control of one man, empowered to spend millions without rendering a voucher or specifying the object ? Can they bu considered safe, with the evidence before u? that tens of thousands have been spent for highly improper if not corrupt, purposes, and that the same mo^ tive may lead to the expenditure of hundreds of thousands and even millions more? And can we justify ourselves to the people by longer lending to it the money and power of the govern- ment, to be employed for such purposes ? " In conclusion, the President must be per- mitted to remark that he looks upon the pend- ing question as of higher consideration than Iho mere transfer of a sum of money from one bank to another. Its decision may atl'ect the charac- ter of our government for ages to come. Should the bank be suffered longer to use the public mone}'s, in the accomplishment of its purposes with the proof of its faithlessness and corrup- tion before our eyes, the patriotic among our citizens will despair of success in struggling against its power ; and we shall be responsible for entailing it upon our country for ever. View- ing it as a question of transcendent important, both in the principles and consequences it in- volves, the President could not, in justice to the responsibility which he owes to the country. refrain from pressing upon the Secretary of thu Treasury his view of the considerations which impel to immediate action. Upon him has been devolved, by the constitution and the suffrages of the American people, the duty of sni)ern:- tending the operation of the Executive depart- ments of the governments, and seeing that the laws are faithfully executed. In the perform- ance of this high trust, it is his undoubted rij^ht to express to those whom the laws and his own choice have made his associates in the adminis- tration of the government, his opinion of their duties, under circumstances, as they arise. It is this right which he now exercises. Far be it from him to expect or require that any member of the cabinet should, at his request, order, or dictation, do any act which he believes unlaw- ful, or in his conscience condemns. From thorn, and fi-om his fellow-citizens in general, he de- sires only that aid and support which their rea- son approves and their conscience sanctions. " The President again repeats that he begs his cabinet to consider the proposed measure as his own, in the support of which he shall require no one of them to make a sacrifice of opinion or principle. Its responsil'lity has been assumed, after the most mature deliberation and reflec- tion, as necessary to preserve the morals of the »•,•>; Vl, . :<- ■' 'V ANNO 1833. ANDREW JACKSON, PRESIDENT. 379 ely to be^cffick'iit )rmitics. If it bo hmiuin alliiirs, to e povcinmcnt Uc- i) its own resource criminal designs, xpccted, when the ft-ore directed to bo hey would be put lan, empowered to erinp a voucher or they bi! considered •e us that tens of )r highly improper, 1 that the same mo- iditure of hundreds llions more? And he people by longer power of the govern- ch purposes ? ident must be per- oks upon the pend- nsideration than Iho loney from one bank ay atlect the charac- gcs to come. Should rcr to use the public nent of its purposes, lessness and corrup- patriotic among our uccess in struggling . shall bo responsible luntry for ever. Vicw- ipcendent importance, d consequences it in- not, in justice to the iwes to the country, the Secretary of the considerations which Upon him has been ion and the suffrages he duty of superu-.- the Executive dopart- and seeing that the ed. In the jierforni- s his undoubted right the laws and his own liates in the adminis- ; his opinion of their e's, as they arise. It ; exercises. Far be it luire that any member his request, order, or •h he believes unlaw- ndemns. From them, ens in general, he de- pport which their rea- nscience sanctions, epeats that he begs his oposed measure as his rhich he shall require sacrifice of opinion or Jity has been assumed, eliberation and i-eflec- lerve the morals of the people, the freedom of the press, and the purity of the elective franchise, without which, all will jiiite in saying that the blood and treasure ex- pended by our forefathers, in the establishment of our happy system of government, will have been vain and fruitless. Under these convictions, he feels that a measure so important to the Ame- rican people cannot be commenced too soon ; and he, therefore, names the first day of October next as a period proper for the change of the deposits, or sooner, provided the necessary ar- rangements with the State banks can be made." I was in the State of Virginia, when the Globe ncw.spaper arrived, towards the end of Septem- ber, bringing this " paper," which the President had read to his cabinet, and the further informa- tion that he had carried his announced design into effect. I felt an emotion of the moral sub- lime at beholding such an instance of civic hero- ism. Here was a President, not bred up in the pelitical profession, taking a great step upon his own responsibility from which many of his ad- visers shrunk ; and magnanimously, in the act itself, releasing all from the peril that he en- countered, and boldly taking the whole upon himself. I say peril ; for if the bank should conquer, there was an end to the political pros- pects of every public man concurring in the re- moval. He believed the act to be necessary ; and believing that, he did the act — leaving the consequences to God and the country. I felt that a great blow had been struck, and that a great contest must come on, which could only 1)6 crowned with success by acting up to the spirit with which it had commenced. And I repaired to Washington at the approach of the session with a full determination to stand by the President, which I believed to be standing by the country ; and to do my part in justify- ing his conduct, and in exposing and resisting the powerful combination which it was certain would be formed against him. CHAPTER XCIII. BANK PROOKEDINOS, ON SEEING THE DEv'tSION OF THE PUESIDENT, IN RELATION TO Tilt RE- MOVAL OF THE DEPOSITS. Immediately on the publication in the Globe of the " Paper read to the Cabinet," the bank took it into consideration in all the forms of a co-ordinate body. It summoned a meeting of the directors — appointed a committee — referred the President's "Paper" to it — ordered it to re- port — held another meeting to receive the re- port — adopted it (the government directors, Gilpin, Wager, and Sullivan voting against it) — and ordered five thousand copies of the report to be printed. A few extracts from the report, entitled a Memorial to Congress, are here given, for the purpose of showing, First^ The temper and style in which this moneyed corporation, deriving its existence from the national Con- gress, indulged itself, and that in its corporate capacity, in speaking of the President of the United States and his cabinet ; and, »(e.r/, to show the lead which it gave to the proceedings which were to be had in Congress. Under the first head, the following passages arc given : " The committee to whom was referred on the 24th of September, a paper signed 'Andrew -Jack- son,' purporting to have been read to a cabinet on the 18th, and also another paper signed ' II. D. Gilpin, John T. Sullivan, Peter Wager, and Hugh McEldery,' bearing date August 19th, 1833 — with instructions to consider the same, and re- port to the board ' whether any, and what steps may be deemed necessary on the part of the board in consequence of the publication of said letter and report,' beg leave to state — •' To justify this measure is the purpose of the paper signed ' Andrew Jackson.' Of the paper itself, and of the individual who has signed it, the committee find it difficult to speak with the plainness by which alone such a document, from such a source, should be described, without wounding their own self-respect, and violating the consideration which all American citizens must feel for the chief magistracy of their coun- try. Subduing, however, their feelings and their language down to that respectful tone which is due to the office, they will proceed to examine the history of this measure, its character and the pretexts offered in palliation of it. " 1st. It would appear from its contents and from other sources of Information, that the Pre- sident had a meeting of what is called the cabi- net, on Wednesday, the 18th September, and there read this paper. Finding that it made no impression on the majority of persons assembled, the subject was postponed, and in the mean time this document was put into the newspapers. It was obviously published for two reasons. The first was to infiuence the members of the cabinet by bringing to bear upon their immediate decis- ion the first public impression excited by misre- presentations, which the objects of them could not refute in time — the second was, by the same excitement, to affect the approaching elections in Pennsylvania. Maryland and New Jersey. Its 380 THIRTY YEARS' VIEW. ^i ;■r•^^^^ fi hi: aRRailants arc what arc called politicians (1. c, the assailants of the bank)." Such is the temper and style in which the President of the United States is spoken of by this great moneyed corporation, in a memorial addressed to Congress. Erecting itself into a co- ordinate body, and assuming in its corporate capacity an authority over the President's act, it does not even condescend to call him President. It is " Andrew Jackson," and the name always placed between inverted commas to mark the higher degree of contempt. Then the corporation shrinks from remarking on the " paper " itself, and the " individual " who signed it, as a thing injurious to their own self-respect, and only to be done in consideration of the " office " which he fills, and that after " subduing " their feelings — and this was the insolence of the moneyed power in defeat, when its champion had received but forty-nine votes for the Presidency out of two hundred and eighty-eight given in! AVhat would it have been in victory ? The lead which it gave to the intended proceedings in Congress, is well indicated in these two paragraphs, and the specifications under them : " The indelicacy of the form of those proceed- ings corresponds well with the substance of them, which is equally in violation of the rights of the bank and the laws of the country. " The committee willingly leave to the Con- gress of the United States, the assertion of their own constitutional power, and the vindication of the principl vs of our government, against the most violent assault they have ever yet encountered ; and will now confine themselves to the more limit- ed purpose of showing that the reasons assigned for this measure arc as unfounded as the object itself is illegal." The illegality of the proceeding, and the vin- dication of the constitution, and the principles of the government, from a most violent assault, are the main objects left by the bank to the Con- gress ; the invalidity of the reasons assigned for the removal, are more limited, and lest the Con- gress might not discover these violations of law and constitution, the corporation proceeds to enumerate and establish them. It says : " Certainly since the foundation of this gov- ernment, nothing has ever been done which more deeply wounds the spirit of our free insti- tutions. It, in fact, resolves itself into this — that whenever the laws prescribe certain duties to an officer, if that officer, actiiig under the sanctions of his official oath and his private character, re- fuses to violate that law, the President of the United States may dismiss him and appoint another ; and if he too should prove to be a ''re- fractory subordinate,' to continue his removals until he at last discovers in the descending scale of degradation some irres|M)nsib!o individual tit to be the tool of his designs. Unhappily, there are never wanting men who will think as their superiors wish them to think — men who re^'ard more the compensation than the duties of their office — men to whom daily bread is sufficient consolation for daily shame. "The present state of this question is a fearful illustration of the danger of it. At this moment the whole revenue of this country is at the dis- posal — the absolute, uncontrolled disposal — of the President of the United States. The laws declare that the public funds shall be placed in the Bank of the United States, unless the Secre- tary of tl;e Treasury forbids it. The Secretary of the Treasury will not forbid it. The Presi- dent dismisses him, and api)oints somebody who will. So the laws declare that no money shall be drawn from the Treasury, except on warrants for appropriations made by law. If the Tieas- urer refuses to draw his warrant for any dis- bursement, the President may dismiss him and appoint some more flexible agent, who will not hesitate to gratify his patron. The text is in the official gazette, announcing the fate of the dis- missed Secretary to all who follow him. ' The agent cannot conscientiously perform the service, and refuses to co-operate, and desires to remain to thwart the President's measures. To put an end to this difficulty between the head and the hands of the executive department, the constitu- tion arms the chief magistrate with authority to remove the refractory subordinate.' The theory thus avowed, and the recent practice un- der it, convert the whole free institutions of this country into the mere absolute will of a single individu.d. They break down all the restraints which the franiers of the government hoped they had imposed on arbitrary power, and place the whole revenue of the United States in the hands of the President. " For it is manifest that this removal of the deposits is not made by the order of the Secretary of the Treasury. It is a perversion of languapie so to describe it. On the contrary, the reverse is openly avowed. The Secretary of the Treasury re- fused to remove them, believing, as his published letter declares, that the removal was ' unneces- sary, unwise, vindictive, arbitrary and unjust.' He was then dismissed because he would not re- move them, and another was appointed because he wor.ld remove them. Now this is a palpable viola'-ion of the charter. The bank and Congress agr e upon certain terms, which no one can change but a particular officer; who, although necessarily nominated to the Senate by the Pre- sident, was designated by the bank and by Con- gress as the umpire between them. Both Con- gress and the bank have a right to the free and honest and impartial judgment of that ofiBcer, p-4i 111 A!^NO 1838. ANDREW JACKSON, PRESIDENT. 3Sl s rrcsitleut of the him and appoint ])r()vc to be a '' re- tintie his rtMnovals lie (lescentlins scale sil)le iniliviihial tit i:nlmi)pily, tlure will think as their ; — men who re^rard the duties of thoir bread is sntficitnt question is a fearful it. At this moment ountry is at the dis- Lrolltd disjiosal— of d States. The laws Is shall l>e placed in tes, unless the Secre- 8 it. The Secretary ,rbidit. The Presi- )oints somebody who that no money shall y, except on warrants r law. If the Treas- warrant for any dis- may dismiss him and ; agent, who will nut on. The text is in the ; the fate of the dis- 10 follow him. 'The ly perform the service, and desires to remain measures. To put an een the head and the Mrtment, the constitu- stratc with authority f subordinate.' Tiie he recent practice \\\\- (Vee institvitions of this solute will of a single town all the restraints overhmcnt hoped they rv power, and place United States in the [t this removal of the border of the Secretary rrversionoflangnajteso lontrarv, the reverse is Itary of the Treasury re- lieving, as his published (cmoval was'unneccs- larbitrary and unjust. l^aiise he would notrc- ikvas apiwinted because I Now this is a palpable h'he bank and Conirress Is which no one can officer; who, although the Senate by the Pre- \ the bank and by Con- een them. Both Con- la right to the free and ignient of that officer, whoeTcr ho may be — the bank, because the re- moval may injure its interests — the Congress, because the removal nr it interest to make its ' of each of the State •d to its own imnio- they will be kept \n ,anks. They will not the consciousness ot ^i influence, nor like y , of the public servants, . managed by persona of the people who arc ed by their measures; iblcorindifrereiittotho ■rests of those by whom 1 and with whom tlicy ' These circumstances TsafcL'uards asrainst an owc'r, and forcit.ly k- t of State banks in pre- [United States, with Us inches. „ , , ,. .fore, of the State bank^ eovcrnment, no disml- been incurred on tk snience, or the penm IV while much that b % the change. Im, the vast power ot the Ves! and of its ability to fering on the country. k of chartering a banK ' capital, with the ng >t into e^ery part of tk its influence to every nensc loan of more than dollars suddenly poured .m States, in l»^i; "'f, ,1832, sufficiently atto^» L of the power which Its 'Vaced itself in an J - ,le of the United Stitu ;ntment,iftheypre-'>^; of the corporation, i^^ has already made ipK^ Ion of the money it h^w on deiiosit, and transfer It to the ciLstodv of the new nscal agcntn, in order to Ehield tho com- munity from the injuHtico of the Bank of the United States. But I have not suppo.sed that the course of tho government ought to be regu- lated by the fear of the power of the bank. If such a motive could bo allowed to influence tho legislation of Congress, or the action of the (ex- ecutive departments of the goveninieiit, there is an end to the sovereignty of the people ; and the hberties of the country are at once surrendered at the feet of a moneyed corporation. They may now demand the jiossession of the public money, or the renewal of tho charter j and if these ob- jects are yielded to them from apprehensions of their power, or from the suffering which rapid curtailments on their part arc inflicting on the community, what may they not next require ? Will submission render such n cori)Oration more forbearing in its course ? What law may it not hereafter demand, that it will not, if it pleases, be able to enforce by the same means ? " Thus the keeping of tho public moneys went to the local banks, the system of an independent treasury being not then established; and the notes of these banks necessarily required their notes to be temporarily u.sed in the federal payments, the gold currency not being at that time revived. Upon these local banks the fede- ral government was thrown— first, for the safe l^eeping of its public moneys ; secondly, to sup- ply the place of the nineteen millions of bank notes which the national had in circulation; thirdly, to relievo the community from the Iiressure which the Bank of tho United States had already commenced upon it, and which, it was known, was to be pushed to the ultimate point of oppression. But a difficulty was ex- perienced in obtaining these local banks, which would be incredible without understanding the cause. Instead of a competition among them to obtain the deposits, there was holding off, and an absolute refusal on the part of many. Local banks were shy of receiving them — shy of re- ceiving the greatest possible apparent benefit to tliemselves — shy of receiving the aliment upon which they lived and grew ! and why this so ^at apparent contradiction ? It was the fear of the Bank of the United States ! and of that capacity to destroy them to which Mr. Biddle had testified in his answers to the Senate's Finance Committee; and which capacity was now known to be joined to the will ; for the 1 bank placed in the same category all who should i b^ concerned in the removal — both the govern- I mcut that ordered it, and the local banks which Vol. I.— 25 received what it lost. But a competent number were found ; and this flrst attempt to prevent » removal, by preventing a reception of the do- posits elsewhere, entirely failed. CHAPTER XCV. NOMINATION OF OOVERNMF.NT DIRECTORS, AND TIIKIR KEJECTION. By the charter of the bank, tho government was entitled to five directors, to be nominated an- nually by tho President, and confirmed by the Senate. At the commencement of tho session of 1833-'34, the President nominated tho five, four of them being tho same who had served during the current year, and who had made the report on which the order for the removal of the deposits was chiefly founded. This drew upon them the resentment of the bank, and caused them to receive a large share of reproach and condemnation in the report which tho committee of the bank drew up, and which the board of directors adopted and published. When these nominations came into the Senate it was soon perceived that there was to be opposition to these four ; and fbr the purpose of testing the truth of the objections. Mr. Kane, of Illinois, submitted the following resolution : " Resolved, That the nominations of IT. D. Gilpin, John T, Sullivan, Peter Wager, and Hugh McEidery, be recommitted to the Com- mitte on Finance, with instructions to inquire into their several qualifications and fitness for tho stations to which they have been nominated ; also into the truth of all charges preferred by them against the board of directors of the Bank of the United States, and into the conduct of each of the said nominees during the time he may have acted as director of the said bank ; and that the said nominees have notice of the times and places of meetings of said committee, and have leave to attend the same." Which was immediately rejected by the fol- lowing vote : "Yeas. — Messrs. Benton, Brown, Forsyth,, Grundy, Hendr' ks. Hill, Kane, King of Alaba- ma^ Linn, McKean, Moor, Morris, Bives, Robin- son, Shepley, Tallmadge, Tipton, White, Wil- kins Wright.— 20. "Nays. — Messrs. Bell, Bibb, Black, Calhoun,. Chambers, Clay, Clayton, Ewing, Frelinghuyseii,. ''1 38G TIIIftTY YKAIIS' VIKW. •ly Kent, Kinp; of flcor^^iu, Knight, ^faiinnni, Nnii- iliiin, I'oiiuli'xter, I'orli'r, PriTitisM, lloMiiiis, SilHbcc, Smitfi, Soiitlmril, Spninuo, Swift, Totn- linson, Tylor, Wuifgiiiiian, >\cl)8tt'r. — 27. And tliin ^'solution bt-inp; fijecti'd, roqiiiriiiK a two-fold exuiiiiixitioii — onu into thu cliaructcr and qiialiflcutioiiM of thu notninocs, tlic> other in- to the trutli of their representations against the bank, it Wiks i^'uined pro|H;r to subtiut another, limited to an in(|iiiry into the cliaracter and Ill- ness of the nominees; which was rojcctcd by tlio same vote. Tlw nominations were then voted upon separately, and each of the four was reject- ed by the sani« voto wliich applied to tho lirst one, to wit, Mr. Gilpin: and which was as fol- lows: " Yeas. — Messrs. IJenton, Black, Brown, For- syth, (inindy, Hendricks, Hill, Kane, Kinn of Alabama, Linn, McKean, Moore, Morris, Uobin- Ron, Sheitkv, Tallmadgc, Tipton, White, Wil- kins, Wright.— 20. " Nays. — Messrs. Bell, Bibb, Calhoun, Cham- bers, Clay. Ewing, Frelinuhuysen, Kent, Knight, !Mangum, Naudain. I'oindexter, Porter, Prentiss, Preston, Hobbins, Siishec, Smith, Sprague, Swift, Tomlinson, 'J'y'*-''') Waggaman, Webster. — 24. These rejections being communicated to the President, he hnmediately felt that it presented a new case for his energy and decision of conduct. The w hole of the rejected gentlemen had been confirmed the year before — had all acted as di- rectors for the current year — and thcro was no complaint against them except from the Bank of the United States ; and that limited to their conduct in giving information of transactions in the bank to President Jackson at his written request. Their characters and fitness were above question. That was admitted by the Senate, both by its previous confirmation for the same places, and its present refusal to inquire into those points. The information which they had given to the President had been copied from the books of the bank, and the transactions which they communicated had been objected to by them at the time as illegal and improper ; and its truth, unimpeachable in itself, was unimpeached by the Senafe in their refusal to inquire into their con- duct while directors. It was evident then that they had been rejected for the report which they made to the President ; and this brought up the question, whether it was right to punish them for that act ? and w^hethcr the bank should have the virtual nomination of the government direc- tors by causing those to be njtcted wliich tho govirnau'iit nominated ? and juTmittitig none */> M'rve liut those whoso con;eii- tlemen now re-nominated require of me. frankly, to communicato my views of the consequences which must necessarily follow this act of the Senate, if it be not reconsidered. " The characters and standing of these gentle- men are well known to the conununity, ainl eminently qualify them for the otlices to which I propose to appoint them. Their confinimtion by the Senate at its last session to the same offi- ces is proof that such was the opinion of them entertained by the Senate at that time ; and un- less some thing has occurred since to change it. this act may now be .'eferred to as evidence that their talents and pursuits justified their selec- tion. " The refusal, however, to confirm their nomi- nations to the same ollices, shows that there is something in the conduct of these gentlemen during the last year which, in the ojjinion of tho Senate, disqualifies them ; and as no charge ha.- been made a 'gainst them as men or citizens, no- thing which impeaches the fair private character they possessed when the Senate gave them their sanction at its last session, and as it moreover appears from the journal of the Senate recently tran...iutted for my inspection, that it was deem- ed imnece.ssary to inquire into their (lualification* or character, it is to bo inferred that tho chanpe in the opinion of the Senate has arisen from the official conduct of these gentlemen. The only ciroamstances in their official conduct which have been deemed of sufliciont importance to at- tract public attention are the two rei)orts made by them to the executive department of the gov- etnment, the one bearing date the 2'2d day of April, and the other the I'Jth day of August last ; Loth of which reports wore communicated to the Senate by the Secretary of the Treasury with his reasons for removing the dcpobits. ANNO 1888. ANDREW JACKhON, PRFi^IDKNT. 387 ji'Ctetl which tho LTinittinnnonoto Bhoulil \>c siihor- -y of tho hank? r the Si-iiati«, and VresiiU'ul dctpr- in a foimn' n\i's onrin^ly f fii' hmk \ Honiiniiii""'* in ft uong othcre, these jfriphtt>n the part inquire into, or cull 10 Senate for rejict- vi-r. Art IhePresi- lom for tVic reasons , nomini.«.ion,80tlity ,r the reasons which J these respects, each and hoth responsil.lc lonts. Nevertheless, , vital interests ol the veieetiou of tlie v.v\\- cquive of uie. frankly, of the consequencrs ,llow this act of the lereth tn-Uni; of these pentle- the conuuiniily, ana Ir the olliees to which Their conlhnmtion ssion to the sanie otii- ' the opinion of them at that time ; and lin- ed since to change it. •ed to as evidence that justiticd their sclcc- to confirm tlieir nomi- •s shows that there i> et of these pentlemen li in the opinion of tin . 'and as no cliarge lia^ as men or citizens, no- fair private characUr -senate gave them tkir on, and as it moreover of the Senate recently •tion, that it was dccni- into their qualilication> iferrcd that the chan?c ito has arisen from the gentlemen. The onlv .official conduct which kcient importance to a - the two reports uiaek department of the siov- ,r date the 2-2d day 1 'ythdayofAupi^l^J' .re communicated to tk ' of the Treasury wHb the depobits. "Tho truth of the fiicts stnted in these reports, U not, I presume, (iiiestioned hy any one. The hijifh character aiui standinx of tlie citiwns hy witom tliey were made pnvent any doul)t ui)on the Kuhject. Indeed tho Htatemcnts have not lieeii denied hy the pn-sidenl of the liank, and the other directors. On the contrary, they have insisted tliat they weru authorized to use the money of the hank in the manner stat*>d in tlie two re|torts, and Imve nottlenied that the charges there made against tho coi1)omtion are suhstan- tially true. '■ It must he taken, therefore, as admitted that tlie statements of the puhlic directorH, in the re- |iorls altovo mentioned, arc correct: mid tliey disclose tho most alarminj? ahiises on tho part of the corponition, and the most strenuous ex- ertions on thiir part to put an end to them. They provo that enormous sums were secretly lavished in a manner, and for purpo,se8 that cannot ho justified ; and tlmt the whole of the iminonse capital of the hank has been virtually placed at the disposal of a 6in|<;le individual, to be u.scd, if lie thinks proper, to corrupt the press, and to control the proceedings of the government by e.vercisinp; an undue influence over elections. " The reports were made in obedience to my offlciid directions ; and I herewith transmit ciipies of my letter calling for information of the proceedinf^s of tho bank. Were they bound to disregard tho call ? Was it their duty to re- main silent while abuses of the most injurious and dangerous character were daily practised ? Were tliey bound to conceal fiom the constitut- (d authorities a course of measures destructive ti) the best interests of the country, and inteud- cil, gradually and secretly, to subvert the foun- dations of our government, and to transfer its powers from the hands of the iwople to a great moneyed corporation? Was it their duty to sit in silence at the board, and witness all these abuses without an attempt to correct them ; or, in case of failure there, not to appeal to higher authority ? The eighth fundamental rule au- thorizes any one of the directors, whether elect- ed or appointed, who may have been absent when an excess of debt was created, or who may have dissented from the act. to exonerate himself from personal responsibility Ity giving notice of the fact to tho President of the United States ; thu.s recognizing the propriety of com- municating to that officer the proceedings of the board in such cases. But, independently of any arpiincnt to be derived from the principle re- .ojrnized in the rule referred to, I cannot doubt fur a moment that it is the right and the duty of every director at the board to attempt to cnrrect all illegal proceedings, and in case of failure, to disclose them ; and that every one of them, whether elected by the stockholders or appointed by the government, who had know- ledge of the facts, and concealed them, would be justly amenable to the severest censure. '"But, in the case of the public directors, it vas their peculiar and official duty to make the disclosures ; and the call upon them for iiifor- mati)Ti could not have been disregarded without a flagrant breach of tli«'ir trust. The din>ctors appoi!itely might Im) so managed as to endan- ger the interests of tho country ; and it was therefore deemed necessary, as a measure of precaution, to place at tho board watchful sen- tinels, who should observe its conduct, and stand ready to report to the proper oflicers of the goverment every act of the board which might affect injuriously the interests of the people. "It was, perhaps, scarcely neces.sary to pre- sent to the Senate these views of the lowers of the Executive, and of the duties of the five tli- rectors appointed hy the United States. But the bank is I jlievcd to bo now striving to ob- tain for itself the government of the country, and is seeking, by new and strained construc- tions, to wrest from the hands of the constituted authorities the salutary control reserved by the charter. And as misrepresentation is one of its most usual weapons of attack, I have deemed it my duty to put before the Senate, in a manner not to be misunderstood, the principles on which 1 have acted. "Entertaining, as T do, a solemn conviction of tho truth of these principles, I must adhere to them, and act upon them, with constancy and firmness. " Aware, as I now am, of the dangerous ma- chinations of the bank, it is more than ever my duty to be vigilant in guarding the rights of the peojile from the impending danger. And I slionld feel that I ought to forfeit the confi- dence with which my coimtrymen have honored me, if I did not require regular and full reports of every thing in the proceedings of the bank calculated to affect injuriously tho public in- terests, from the public directors, and if the di- rectors should fail to give the information called for, it would bo my imperious duty to exercise the power conferred on me by the law of remov- ing them from ofBce, and of appointing others who would discharge their duties with more fidelity to the public. I can never suffer any one to hold office under me, who would connive at corruption, or who should fail to give tho alarm when he saw the enemies of liberty en- deavoring to sap the foundations of our free in- stitutions, and to subject the free people of the United States to the dominion of a great mon- eyed corporation. " Any directors of the bank, therefore, who IB ■UM I 388 THIRTY YEARS' VIEW. ■I' might be appointed by the government, would be required to report to the Executive as full)' as the late directors have done, and more fre- quentlj', because the danger is more imminent ; and it would be my duty to require of them a full detail of every part of the proceedings of the corporation, of any of its officers, in order that 1 might be enabled to decide whether I should exercise the power of ordering a scire facias, wliich is reserved to the President by the charter, or adopt such other lawfid measures as the interests of the country might require. It is too obvious to bo doubted, that the miscon- duct of the corporation would never have been brought to light by the aid of a public procec- th concerned the welto Le notes were a natioua [rs were the depository .1 Linwhichithadadiren Ions of dollars in its stock. luestion:andifnegtttm.l. lat the nominating vom' \ should bo in the bank ; and that the govern- ment directors should no more give such infor- niation to the President as these four had given. And this question it was determined to try, and that definitively, in the persons of these four nominated diivctors, with the declared deter- mination to nominate no others if they were rejected ; and so leave the government without repivsentation in the bank. This message of re-iioinination was referred to the Senate's Com- mittee of Finance, of which Mr. Tyler was chair- man, and who made a report adverse to the re- nominations, and in favor of again rejecting the nominees. The points made in the report were, Jirst, the absolute right of the Senafe to reject nominations ; secondly, their privilege to give no reasons for their rejections (which the Pre- sident had not asked) ; and, thirdly, against the general impolicy of making re-nominations, while admitting both the right and the practice in cxtrordinary occasions. Some extracts will show its character : thus : "The President disclaims, indeed, in terms, all right to inquire into the reasons of the Sen- ate for rejecting any nomination ; and yet the message immediately undertakes to infer, from facts and circumstances, what those reasons, which influenced the Senate in this case, must have been ; and goes on to argue, much at large, against the validity of such supposed reasons. The committee are of opinion that, if, as the President admits, he cannot inquire into the reasons of the Senate for refusing its assent to nominations, it is still more clear that these reasons cannot, with propriety, be assumed, and made subjects of comment. " la cases in which nominations are rejected for iwasons affecting the character of the per- sons nominated, the committee think that no inference is to be drawn except what the vote shows ; that is to say, tha •. the Senate with- holds its advice and consent from the nomina- tions. And the Senat(>, not being bound to give reasons for its votes in these cases, it is not bound, nor would it lie proper for it, as the committee think, to give any answer to remarks foinidcd on tlie presumption of what such rea- sons must have been in the present case. They feel themselves, therefore, compelled to forego any response whatever to the message of tlie President, in this particular, as well by the rea- sons before assigned, as out of respect to that iiigh officer, "The President acts upon his own views of puliiic policy, in making nominations to the iSenate ; and the Senate does no more, when it confirms or rejects such nominations. " For cither of these co-ordinate departments to enter into the cousideratiuu of the motives of the other, would not, and could not, fail, in the end, to break up all hannonious intercourse between them. This your committee would deplore as highly injurious to the lx>st interests of the country. The President, doubtless, asks himself, in the case of every nomination for office, whether the person be fit for the office ; whetiier he l)e actuated by correct views and motives ; and whether he lie likely to Ito influ- enced by those considerations which should alone govern him in the discharge of his duties — is he honest, capable, and faithful ? lUing satisfied in these particulars, the President sub- mits his name to the Senate, where the same inquiries arise, and its decision should lie pre- sumed to be dictp^ -d by the same high consi- derations as those which govern the President in originating the nomination. '- For these reasons, the committee have alto- gether refrainef. from entering into any discus- sion of the legal duties and obligations of direc- tors of the bank, appointed by the President and Senate, which forms the main topic of the message. " The committee would not feel that it had fully acquitted itself of its obligations, if it did not avail itself of this occasion to call the at- tention of the Senate to the general subject of renomination. " The committee do not deny that a right of renomination exists ; but they are of opinion that, in very clear and strong cases only should the Senate reverse decisions which it has delili- erately formed, and officially communicated to the President. *' The committee perceive, with regret, an in- timation in the message that the President may not see fit to send to the Senate the names of any other persons to be directors of the bank, except those whose nominations have lioen al- ready rejected. While the Senate will exercise its own rights according to its own views of its duty, it will leave to other officers of the go- vernment to decide for themselves on the man- ner they will perform their duties. The com- mittee know no reasons why these offices should not be filled ; or why, in this case, no further nomination should be made, after the Senate has exercised its unquestionable right of reject- ing particular persons who have been nomi- nated, any more than in other cases. The Sen- ate will be ready at all times to receive and consider any such nominations as the President may present to it. " The committee recommend that the Senate do not advise and consent to the appointment of the persons thus renominated." While these proceedings were going on in the Senate, the four rejected gentlemen were paying some attention to theii own case ; and, in a " memorial " addressed to the Senate and to the House of Representatives, answered the charges against them iu the Directors' Report, m i'l. ' 390 THIRTY YEARS' VIEW. Nl' 'y I and viiidicnted their own conduct in giving the infornmtion which tho I'rcsidcnt requested — reasscited tho truth of tliat information ; and gave furtlier details upon the manner in which they had been systematically excluded from a participation in conducting the main business of the bank, and even from a knowledge of what was done. They said : " Selected by the President and Senate as government directors of the Bank of the United States, we have endeavored, during tho present year, faithfully to discharge tho (hities of tluit responsible trust. Appointed without solici- tation, deriving from the office no emolument, we have been guided in our conduct by no views but a determination to uphold, so far as was in our power, those principles which we believe actuated the people of the United States in es- tablishing a national bank, and in providing by its charter that they should bo represented at the boanl of directors. AVe have regardetl that institution, not merely as a source of profit to individuals, but as an organ of the govern- ment, established by the nation for its own benotlt. We have regarded ourselves, not as mere agents of those whose fimds have been subscribed towards the capital of the bank, but as officers appointed on behalf of the American people. We have endeavored to govern all our conduct as faithful representatives of them. We ha\ e been deterred from this by no pre- coucertod system to deprive us of our rights, by no impeachment of our motives, b>- no false views of policy, by no course of management which might be supposed to promote the inter- ests of those concerned in the institution, at the danger or sacrifice of tho general good. We have left the other directors to govern themselves as they may think best for the interests of those by whom they were chosen. For ourselves, we have been detennined, that where any differences have arisen, involving on the one hand that open and correct course which is beneficill to the whole community, and, on the other, what are supposed to be tho interests of the bank, our eilbrts should be steadily directed to uphold the former, our re- monstrances against the latter should be re- solute and constant ; and, when they proved unavailing, our appeal should be made to those who were more immediately intrusted with the protection of the public welfare. " In pursuing this course wo have lieen met by an organized system of opposition, on the part of the majority. Our efforts have been thwarted, our moti'os and actions have been misrepresented, our rights have been denied, and the limits of our duties have been gratu- iauisly pointed o»it to us, by those who have Bought to curtail them to meet their own policy, not that which we believe led to the creation of the offices we hold. Asserting that injury has been done to them by the late measure of the Secretary of the Truii iry, in reniovinjj the public deposits, an elaborate statemeui 'iik In en prepared and widely circulated ; and taking that as their basis, it has been resolved l>y the majority to present a memorial to the Senate and House of Representatives. We have not, and do not interfere in the controvei"sy which exists between the majority of the board and the executive department of the government ; but unjustly assailed as we have been in the statement to which we have referred, we re- spectfully claim the same right of submitting our conduct to the same tribunal, and asking of the assembled representatives of the Ameri- can people that impartial hearing, and that fair protection, which all their officers and all citizens have a right to demand. We shall endeavor to present the view we have taken of the relation in which wo are i)laced, as well towards tho institution in question as towards the government and people of the United States, to prove that from the moment we took our seats among tho directors of the bank, we have been the objects of a systematic opposition; our rights trampled upon, our just interfer- ence prevented, and our offices rendered utterlj' useless, for all the purposes required by the charter ; .and to show that the statements by tho majority of the board, in the document to which we refer, convey n account of their pro- ceedings and conduct altogether illusory and incorrect." The four gentlemen then state their opinions of their rights, and their duties, as government directors — that they were devised as instru- ments for tho attainment of public c'yects— that they were ptiblic directors, not elected by stockholders, but appointed by the President and Senate — that their duties were not merely to represent a moneyed interest and promote the largest dividend for stockholders, but also to guard all the public and political interest of the government in an institution so largely sharing its support and so deeply interested in its safe and honorable management. And in support of this opinion of their duties they quoted the authority of Gen. Hamilton, foundur of the first bank of tho United States ; and that of Mr. Alexander Dallas, founder of the second and present bank ; showing that each of them, and at tho time of establishing the two banks respectively, considcied the government direc- tors as public officers, bound to watch over the opi'rations of the bank, to oppose all malprac- tices, and to report them to the government whenever they occurred. And they thus quoted the opinions of those two gentlemen : ANNO 1833. ANDREW JACKSON, PUICSIDI'NT. 391 the Into measure of try, in rftiiovinn ihc e statenioiu 'm^' I'lon ulated; and taking )een rcfolvcd liy the morinl to the Senate lives. "NVc have not, e controvoi-sy whidi •ity of the hoard and o'f the povernnient ; ive have heen in the have refencd, we re- B rip;ht of suhnuttmg . tribunal, and askuig itatives of the Anievi- , hearinp, and that fair heir oflicers and all i demand. We shall view we have taken of f.e are placed, as well in question as towards ,le of the United i>tatu8, moment wc took our rs of the bank, wo have systematic opposition ; pon, our jtist interier- offices rendered utterly rpo.'ses required by t he that the statements l.y ,rd in the docinnent to u account of their pro- altogether illusory and Lhcn state their opinions ir duties, as government vcre devised as instru- icnt of public f/)jccts- Jircctors, not elected by minted by the rrcsidcnl ■ duties were not merely (1 interest and promote ,r stockholders, hut also and political interest of institution so largely so deeply interested in ^ management. And in on of their duties they ' Gen. Hamilton, fonmht United States; and that as, founder of the second jwing that each of them, ablishing the two hanlad to what was called [ibstance of the resolur 's), gave rise to more the marvellous activity »rting upon it with the with which they had [y and inoperative exr the Secretary's reasons insufficient; "without ly thing in consequence and insufficiency ; and, islative avail, and of no [the opinion of senators, jnced, against the act of [solve was not practical ^was not in conformity to any mode of doing business — and led to no action ; — neither to a restoration of the deposits nor to a condemnation of their keeping by the State banks. Certainly the charter, in ordering the Secretary to report, and to report at the first practicable moment, both the fact of a re- moval, and the reasons for it, was to enable Congress to act — to do something — to legislate upon the subject — to judge the validity of the reasons — and to order a restoration if they were found to be untrue or insufficient ; or to con- demn the new place of deposit, if it was deemed insecure or improper. All this was too obvious to escape the attention of the democratic mem- bers who inveighed against the futility and irrelevance of the resolve, unfit for a legislative body, and only suitable for a town meeting ; and answering no purpose as a senatorial resolve but that of political cflect against public men. On this point Mr. Forsyth said : " The subject had then been taken out of the hands of the Senate, and sent to the committee on finance ; and for what purpose was it sent thither? Did anyone doubt what would be the opinion of the committee on finance? Would such a movement have been made, had it not been intended thereby to give strength to the course of the opposition ? He was not in the Senate when the reference was yesterday made, but he had supposed that it was made for the purpose of some report in a legislative form, but it has come back with an argument, and a recommendation of the adoption of the resolution of the senator from Kentucky ; and when the resolutions were adopted, would they not still be sent back to that committee for ex- amination ? Why had not the committee, who seemed to know so well what would be the opinion of the Senate, imbodied that opinion in a legislative form ? " To the same effect spoke many members, and among others, Mr. Silas Wright, of New-York, who said: " He took occasion to say, that with regard to the reference made yesterday, he was not so unfortunate as his friend from Georgia, to be absent at the time, and he then, while the mo- tion was pending, expressed his opinion that a reference at four o'clock in the afternoon, to be returned with a report at twelve the next day, would materially change the aspect of the case before the Senate. He was also of opinion, that the natural effect of sending this proposition to the conmnittee on finance would be, to have it returned with a recommendation for some legis- lative action. In this, however, he had been disappointed, the proposition had been brought back to the Senate in the same form as sent to the committee, with the exception of the very able argument read that morning." Mr. Webster felt himself called upon to an- swer these objections, and did so in a way to intimate that the committee were not " green " enough, — that is to say, were too wise — to pro- pose any legislative action on the part of Con- gress in relation to this removal. He said : " There is another thing, sir, to which the gentleman has objected. He would have pre- ferred that some legislative recommendation should have accompanied the report — that some law, or joint resolution, should have been re- commended. Sir, do we not see what the gentleman probably desires ? If not, we must be green politicians. It was not my intention, at this stage of the business, to propose any law, or joint resolution. I do not, at present, know the opinions of the committee on this subject. On this question, at least, to use the gentleman's expression, I do not carry their opinions in my coat pocket. The question, when it arrives, will be a very grave one — one of deep and solemn import — and when the pro- per time for its discussion arrives, the gentleman from Georgia will have an opportunity to ex- amine it. The first thing is, to ascertain the judgment of the Senate, on the Secretary's reasons for his act." The meaning of Mr. Webster in this reply — this intimation that the finance committee had got out of the sap, and were no longer " green " — was a declaration that any legislative mea- sure they might have recommended, would have been rejected in the House of Representa- tives, and so lost its efficacy as a senatorial opinion ; and to avoid that rejection, and save the effiect of the Senate's opinion, it must be a single and not a joint resolution ; and so con- fined to the Senate alone. The reply of Mr. Webster was certainly candid, but unparlia- mentary, and at war with all ideas of legislation, thus to refuse to propose a legislative enactment becaase it would be negatived in the other branch of the national legislature. Finally, the resolution was adopted, and by a vote of 28 to 18; thus: " Yeas. — Messrs. Bibb, Black, Calhoun, Clay, Clayton, Ewing, Frelinghuysen, Hendricks, Kent, King of Georgia, Knight, Leigh, Mangum, Naudain, Poindexter, Porter, Prentiss, Preston, Robbins, Silsbee, Smith, Southard, Sprague, Swift, Tomlinson, Tyler, Waggaman, Webster. "Nays. — Messrs. Benton, Brown, Forsyth, Grundy, Hill, Kane, King of Alabama, Linn, 396 THIRTY YEARS' VIEW. V ■' »'t^ ' ■ McKcan, Moorc, Robinson, Shopley, Tallmadgo, Tipton, White, Wilkins, Wright." The futility of this resolve was made manifest soon after its passage. It was nugatory, and remained naked. It required nothing to be done, and nothing was done under it. It be- came ridiculous. And eventually, and near the end of the session, Mr. Clay proposed it over again, with another resolve attached, directing the return of the deposits to the Bank of the United States ; and making it joint, so as to re- quire the couHcnt of both houses, and thus lead to legislative action. In submitting his resolu- tion in this new form ho took occasion to al- lude to their fate in the other branch of the legislature, where rejection was certain, and to intimate censure upon the President for not conforming to the opinion of the Senate in its resolves ; as if the adverse opinion of the House (from its recent election, its superior numbers, and its particular charge of the revenue), was not more than a counterpoise to the opinion of the Senate. In this sense, he stood up, and said : " Whatever might be the fate of these reso- lutions at the otlier end of the capitol, or in another building, that consideration ought to have no influence on the course of this body. The Senate owed it to its own character, and to the country, to proceed in the discharge of its duties, and to leave it to others, whether at the other end of the capitol or in another building, to perform their own obligations to the country, according to their own sense of their duty, and their own convictions of responsibility. To them it ought to be left to determine what was their duty, and to discharge that duty as they might think best. For himself, he should be ashamed to return to his constituents without having made every lawful effort in his power to cause the restoration of the public deposits to the United States Bank. While a chance yet remained of ett'ccting the restoration of the reign of the constitution and the laws, he felt that he should not have discharged this duty if he failed to nijike every effort to accomplish that desirable object. "The Senate, after passing the resolution which they had already passed, and waiting two months to see whether the Executive would conform his course to the views expressed by this branch of the legislature; after waiting all this time, and perceiving that the error, as the Senate had declared it to be, was still persever- ed in, and seeing the wide and rapid sweep of ruin over every section of the country', there was still one measure left which might arrest the evil, and that was in the offering of these resolutions — to present them to this body ; and, if they passed here, to send them to the other House ; and, should they pass them, to present to the President the plain question, if he will return to the constitutional track ; or, in oppo- sition to the expressed will of the legiKhitnrc retain the control over the millions nf piililic money which arc already deposited in the local banks, and which are still coming in there." Mr. Benton replied to Mr. Clay, showing the propriety of these resolutions if oflered at the commencement of the session — their inutility now, so near its end ; and the indelicacy in the Senate, in throwing itself between the bank and the House of Representatives, at a moment when the bank directors were standing out in contempt against the House, refusing to be ex- amined by its committee, and a motion actuailv depending to punish them for this contempt. For this was then the actual condition of the cor- poration ; and, for the Senate to pass a rcsolu- . tion to restore the deposits in these circum- stances, was to take the part of the bank against the House — to justify its contumacy — and to express an opinion in favor of its re-cliartcr; as all admitted that restoration of the dei)osits was wrong unless a re-charter was granted Mr. B. said: " lie deemed the present moment to be the most objectionable time that co.ld have been selected for proposing to restore the public de- posits to the United States Bank. Sucli a pro- position might have been a proper proceeding at the commencement of the session. A joint resolution, at that time, would have been the proper mode ; it could have been followed by action ; and, if constitutionally passed, would have compelled the restoration of these depos- its. But the course was different. A separate resolution was brought in, and jjassed the Sen- ate; and there it stopped. It was a nugatory resolution, leading to no action. It was such a one as a State legislature, or a public meeting, might adopt, because they had no power to le- gislate on the subject. But the Senate had the power of legislation ; and, six months ago, when the separate resolution was brought in, the Senate, if it intended to act legislatively on the subject at all, ought to have proceeded by joint rr lution, or by bill, at that time. But it thought otherwise. The separate resolution was adopted ; after adoption, no instruction was given to a committee to bring in a bill ; nothing was done to give legislative efiect to the deci- sion of the Senate ; and now, dt the end of six months, the first attempt is made to move in our legislative capacity, and to pass a join* re- solution — equivalent to a statute — to compel the restoration of these deposits. This is the state of the proceeding; and, Mr. B. must be permit- ANNO 1833. ANDREW jACKSON, PRESIDENT. 397 them to the other 8S them, to present lucstion, if he will track; or, in ojipo- 1 of the U'jrishituiy, > millions of pulilic poHitod in vhe local oming in there." •.Clay, showing the ins if oflcred at the ion— their inutility the indelicacy in the • between the hank itative8,atainoinent ,'crc standing out in 3e, refusing to he ex- nd a motion actually jr this contempt. For condition of the cor- latc to pass a resolu- ■ iits in these ciroim- irt of the hank against s contumacy— and to vor of its re-chartcr; .ration of the deposits charter was granted. fnt moment to he the that CO ..Id have been restore the puVdic de- es Bank. Such apro- a proper proceeding the session. A joint would have been the avc been followed by ionally passed, would pration of these depos- diflerent. A separate n and passed the Sen- -' It was a nugatory action. It was such re. or a public meeting, y'had no power to le- 3ut the Senate had the [six months ago, when was brought m, the net legislatively on the tave proceeded by joint tt that time. But it ,16 separate resolution tion, no instruction \yas tiring in a bill; nothing [tive ettect to the deci- now, it the end of six pt is made to move in and to pass a j"'"* ',e- statute— to compel the ,Bits. This is the state Av. B. must be permit- for [1. ted to say, and to give his reasons Tor saying, that the time selected for this first step, in our legishitivo capacity, in a case so long depending, is most inappropriate and objecti(tnablc. Mr. B. would not dwell upon the palpable objections to this proceeding, which must strike every mind. The advanced stage of the session — the propositions to a4Journ — the quantityof business on hand — the little probability that the House and the President would concur with the Sen- ate, or that two thirds of the two Houses could be brought to pass the resolution, if the Presi- dent declined to give it his approbation. These palpable objections must strike every mind and make it appear to be a useless consumption of time for the Senate to pass the resolution. " Virtually, it included a proposition to re- charter the bank ; for the most confidential friends of that instituticm admitted that it was impro[)er to restore the deposits, unless the bank charter was to be continued. The proposition to restoie tlrem, virtually included the propo- sition to re-charter; and that was a proposition which, after having been openly made on this floor, and leave asked to bi-ing in a bill to that ellcct, had been abandoned, under the clear con- viction that the measure could not pass. Pass- ing from these palpable objections, Mr. B. pro- ceeded to state another reason, of a ditlcrent kind, and which he held to be imperative of the course which the Senate should now pursue : he alluded to the state of the questions at this moment depending between the Bank of the United States and the House of Representa- tives, and the nature of which exacted from the Senate the observance of a strict neutrality, and an absolute non-interference between those two bodies. The House of Representatives had ordered an inquiry into the affairs and conduct of the bank. The points of inquiry indicated misconduct of the gravest import, and had been ordered by the largest majority, not less than three or four to one. That inquiry was not yet finished ; it was still depending ; the committee appointed to conduct it remains organized, and has only reported in part. That report is be- fore the Senate and the public ; and shows that 'the directors of the Bank of the United States have resisted the authority of the House — have made an issue of power between itself and the HouSe — for the trial of which issue a resolution is now depending in the House, and is made the order of the day for Tuesday next. "Here, then, are two questions depending between the House and the bank ; the first, an inquiry into the misconduct of the bank ; the second, a proposition to compel the bank to submit to the authority of the House. Was it rigiit for the Senate to interpose between those bodies, while these questions were depending ? Was it right to interfere on the part of the bank? Was it right for the Senate to leap into the arena, throw itself between the con- tending parties, take sides with the bank, and virtually declare to the American people that there was no cause for inquiry into the conduct of the bank, and no ground of censure for re- sisting the authority of the House? Such would, doubtless, be the effect of the conduct of the Senate, if it should entertain tlio propo- sition which is now submitted to it. That proposition is one of honor and confidence to the bank. It proceeds upon the assumption that the bank is right, and the House is wrong, in the questions now depending between them j that the bank has done nothing to merit in- quiry, or to deserve censure ; and that the pub- lic moneys ought to be restored to her keeping, without waiting the end of the investigation which the House has ordered, or the decision of the resolution which afllnns that the bank has resisted the authority of the House, and committed a contempt against it. This is the full and fair interpretation — the clear and speak- ing effect — of the measure now projiosed to the Senate. Is it right to treat the House thus ? AVill the Senate, virtually, intelligibly, luid prac- tically, acquit the bank, when the bank will not acquit itself? — will not suffer its innocence to be tested by the recorded v(«^e of its own books, and the living voice of its own directors ? These directors have refused to testify; they have refused to be sworn ; they ha\'e refused to touch the book ; because, being directors and corporators, and therefore parties, they cannot be required to give evidence against themselves. And this refusal, the public is gravely told, is made upon the advice of eminent counsel. What counsel ? The counsel of the law, or of fear ? Certainly, no lawyer — not even a junior appren- tice to the law — could give such advice. The right to stand mute, does not extend to the privilege of refusing to be sworn. The right docs not attach until after the oath is taken, and is then limited to the specific question, the answer to which might inculpate the witness, and which he may refuse to answer, because he will say, upon his oath, that the answer will criminate hunself. But these bank directors refuse to be sworn at all. They refuse to touch the book ; and, in that refusal, commit a flagrant contempt against the House of Representatives, and do an act for which any citizen would be sent to jail by any justice of the peace, in Ame- rica. And is the Senate to justify the directors for this contempt? to get between them and the House ? to adopt a resolution beforehand — before the day fixed for the decision of the con- tempt, which shall throw the weight of the Senate into the scale of the directors against the House, and virtually declare that they are right in refusing to be sworn?" The resolutions were, nevertheless, adopted, and by the fixed majority of twenty-eight to eighteen, and sent to the House of Representa- tives for concurrence, where they met the fate which all knew they were to receive. The House did not even take them up for considera- iiii! 398 TIIIIITY YEARS' VIEW. <: Hi i: ' tion, but continuol the course which it had be- gan at the comtnencement of the Kcssion ; and which WHS in exact conformity to the legisla- tive course, and exactly contrary to the course of the Senate. The report of the Secretary of the Treasury, the memorial of the bank, and that of the government directors, were all refer- red to the Committee of Ways and Means ; and by that committee a report was made, by their chairman, Mr. Polk, sustaining the action of the Secretary, and concluding with the four fol- lowing resolutions : « 1. Jiesolreil, That the Bank of the United States ought not to be rc-chartered. "2. JtesolreU, That the public deposits ought not to be restored to the Bank of the United States. " 3. Resoh-ed, That the State banks ought to be continued as the places of deposit of the public money, and that it is expedient for Con- gress to make further provision by law, pre- scribing the mode of selection, the securities to be taken, and the manner and terms on which they are to be employed. " 4. Jtesu/red, That, for the purpose of ascer- taining, as far as practicable, the cause of the commercial embarrassment and distress com- plained of by numerous citizens of the United States, in sundry memorials which have been presented to Oongi-ess at the present session, and of inquiring whether the charter of the Tank of the United States has been violated ; and, also, what c<^ uptions and abuses have ex- isted in its management ; whether it has used its corporate power or money to control the press, to interfere in politics, or influence elec- tions; and whether it has had any agency, through its management or money, in producing the existing pressure; a select committee be appointed to inspect the books and examine into the proceedings of the said bank, who shall report whether the provisions of tlie charter have been violated or not; and, also, what abuses, corruptions, or malpractices have ex- isted in the management of said bank ; and that the said committee be authorized to send for persons and papers, and to summon and examine witnesses, on oath, and to examine into the all'airs if the said bank and branches ; and thej' are fur.Iier authorized to visit the principal bank, or any of its branches, for the purpose of inspecting the books, correspondence, accounts, and other papers connected with its manage- ment or business ; and that the said committee be required to report the result of such inves- tigation, together with the evidence they may take, at as early a day as practicable." These resolutions were long and vehemently debated, and eventually, each and every one, adopted by decided, and some by a great ma- jority. The first one, being that upon the question of the rechartcr, was carried by a majority of more than fifty votes — 134 to 82; showing an immense difference to the prejudice of the bank since the veto session of 1832. The names of the voters on this great question, so ^^ng debated in every form in the halls of Congress, the chambers of the State legislatures and in the forum of the people, deserve to bo commemorated — and are as follows : "Yeas. — Messrs. John Adams, William Allen Anthony, Archer. Beale, Bean, Beardwley, Beau- mont, John Bell, John Blair, Bockee, P.odn Bjuldin, Brown, Bunch, Bynuni, Cainbreicng' Campbell, Carmichael, Carr, Casey, Chaney Chinn, Clailwrne, Samuel Clark, Clay, Clayton Clowncy, CoU'ee, Connor, Cramer, W. ]{. Davis Ilanier, llanncgan, Jos. M. Harper, Harrison Hathaway, Hawkins. Hawes. Heath, Henderson Howell, Hubbard, Abel Huntington, Inge, Jai- vis, Richard M. Johnson, Noadiah Johnson, Cave Johnson, Seaborn Jones, Benjamin Jones, Kavanagh, Kinnard, Lane, Lansing, Lai)orie, Lawrence, Lay, Luke Lea, Thomas Lee, Leavitt, Loyall, Lucas, Lyon, Lytic, Abijah Mann, Joel K. Mann, Mardis, John Y. Mason, Moses ila- son, Mclntire, McKay, McKinley, McLene, McVean, Miller, Henry Mitchell, Robert Mit- chell, Muhlenberg, Alurphy, Osgood, Page, Parks, Parker, Patterson, D. J. Pearce, Pey- ton, Franklin Pierce, Pierson. Pinckney, Pluni- mer, Polk, Rencher, SchencK, Schley, Shinn, Smith, Speight, Standifer, Stoddert, Suther- land, William Taylor, Wm. P. Taylor, Fran- cis Thomas, Thomson, Turner, Turrill, Van- derpoel, Wagener, Ward, AVardwell, Wayne, Webster, Whallon.— 134. " Nays. — Messrs. John Quincy Adams, John J. Allen, Heman Allen, Chilton Allan, Asliky, Banks, Barber, Barnitz, Barringer, Baylieti, Beaty, James M, Bell, Binney, Briggs, Bull, Burges. Cage, Chambers, Chilton, Choate, Wil- liam Ciark, Corwin, Coulter, Crane, Crockett, Darliiigt(m, Amos Davis, Deberry, Deming, Denny, Dennis, Dickson, Duncan, Ellsworth, Evans, Edward Everett, Horace Everett, Fill- more, Foot, Philo C. Fuller, Graham, Grenncl, Hiland Hall, Hard, Hardin, James Harper, Hazeltinc, Jabez W. Huntington, Jackson, William C. Johnson, Lincoln, Martindale, Mar- shall, McCarty, McComas, McDuffle, McKennan, Mercer, Milligan, Moore, Poi)e, Potts, Keed, AVilliam B. Shepherd, Aug. II. Shepperd, AVil- liam Slade, Charles Slade, Sloane, Spangler Philemon Thomas, Tompkins, Tweedy, Vance Vinton, Watmough, Edward D. White, Fied- erick AV'hittlesey, Elisha Whittlesey, Wilde, Williams, Wilson, Young.— 82." m ir^ ANNO 1833. ANDREW JACKSON, PRESIDENT. 399 sing that upun tho , waa carried by a y votes— 134 to 82; ;nce to tlic i»iejiidice cBsionof 18li2. Tho H great question, so rm in tlic hiillB of he State leglKlatuas, )coi)le, deserve to be a follows : idams, William Allen, can, Beaitlsley, Ikau- Ulair, Bockei", Uodii, Bynuni, Cainbrelcnfr, arr, Casey, Clinney, Clark, Clay, Clayton, Cramer, W. 11. Davis, n, Dickiupon, Dunlap, K. Fuller, Fulton, »- - - , , let, Gilmer, Cordon, 11, T. II. Hall, Ilalsey, M. Harper, Iliirrison, •es. Heath, Ilender.son, luntington, Inge, Jai- n, Noadiah Johnson, ones, Benjamin Jones, ne, Lansing, Laporte, ,, Thomas Lee, Leavitt ;le, Abijah Mann, Joel Y. Mason, Moses ^la- McKinley, McLene, Mitchell, Robert Mit- rphy, Osgood, I'age, n, D. J. Pearce, Pey- rson, Pinckney, Pluni- lenck, Schley, Shinn, ■, Stoddcrt, Suther- Vm. P. Taylor, Fran- Turner, Turrill, Yan- Wardwell, Wayne, i Quincy Adams, John Chilton Allan, Ashky, ;, Barringer, Baylies, Binney, Briggs, Bull, , Chilton, Choate, Wil- ilter, Crane, Crockett, ris, Deberry, Deming, n, Duncan, Ellsworth, Horace Everett, Fill- ller, Graham, Grenncl, ardin, James Harper, Huntington, Jackson, ncoln, Martindale, Mar- s, McDuffie. McKennan, e. Pope, Potts, Bced, Aug. H. Shepperd, A\ il- lade, Sloane, Spangler npkins. Tweedy, Vance Iward D. White, Fred- la Whittlesey, WUdfc, ig.-82.'' 5, The Bccond and third resolutions were carried by good majorities, and the fourth overwhelm- ingly — 175 to 42. Vr. Polk immediately moved the appointment of tho committee, and that it consist of seven members. It was appointed accordingly, and consisted of Messrs. Francis Thomas of Maryland, chairman ; Everett of Massachusetts; Muhlenberg of Pennsylvania; John Y. Masou of Virginia ; Ellsworth of Con- necticut ; Mann of New-York ; and Lytle of Ohio. Tho proceedings of this committee, and the reception it met with from the bank, will be the subject of a future and separate chapter. Under the third resolution the Committee of Ways and Me ns soon brought in a bill in con- formity to its provisions, which was passed by a majority of 22, that is to say, by 112 votes against 00. And thus all the conduct of the President in relation to the bank, received the full sanction of the popular representation ; and presented the singular spectacle of full support iu one House, and that one specially charged with tho subject, while meeting condemnation in the other. CHAPTER XCVII. CALL ON THE PRESIDENT FOR A COPT OF THE " PAPER READ TO THE CABINET." In the first days of the session Mr. Clay sub- mitted a resolution, calling on the President to inform the Senate whether the " paper," pub- lished as alleged by his authority, and purporting to have been read to the cabinet in relation to the removal of the deposits, " be genuine or not;" and if it be "genuine," requesting him to cause a copy of it to be laid before the Senate. Mr. Forsyth considered this an unusual call, and wished to know for what purpose it was made, lie presumed no one had any doubt of the au- thenticity of the published copy. lie certainly had not. Mr. Clay justified his call on the ground that the " paper " had been published — had become public — and was a thing of general notoriety. If otherwise, and it had remained a confidential communication to his cabinet, he certainly should not ask for it ; but not an- swering as to the use he proposed to make of it, Mr. Forsyth returned to that point, and said ho could imagine Miat one branch of the legis- lature under certain circniniHtances might havo a right to call for it ; but the Senate was not that branch. If the paper was to be the ground of u criminal charge against the President, and upon which ho is to be brought to trial, it should come from the House of Representatives, with tho charges on which he was to be tried. Mr. Clay rejoined, that as to the uses which were to be made of this "paper " nothing seemed to run in the head of the Senator from Georgia but an impeachment. This seemed to be the only idea ho could connect with the call. But there were many other purposes for which it might be used, and ho had never intended to make it the ground of impeachment. It might show who was'the real author of the removal of the deposits — whether the Presulent, or the Secretary of tho Treasury ? and whether this latter might not have been a mere automaton. Mr. Benton said there was no parliamentary use that could be made of it, and no such use had been, or could be specified. Only two uses can bo made of a paper that may be rightfully called for — one for legislation ; the other for impeachment ; and not even in the latter case when self-crimination was intended. No legis- lative use is intimated for this one ; and the criminal use is disavowed, and is obliged to be, as the Senate is the tribunal to try, not the inquest to originate impeachments. But this paper cannot be rightfully called for. It is a com- munication to a cabinet ; and communications to the cabinet are the same whether in writing, or in a speech. It is all parol. Could the copy of a speech made to the cabinet be called for? Could an account of the President's conversation with his cabinet be called for ? Certainly not ! and there is no difference between the written and the spoken communication — between the set speech and a conversation — between a thing made public, or kept secret. The President may refuse to give the copy ; and certainly will consult his rights and his self-respect by so refusing. As for the contents of the paper, he has given them to the country, and courts the judgment of the country upon it. He avows his act — gives his reasons — and leaves it to all to judge. He is not a man of concealments, or of irresponsibility. He gave the paper to the public instantly, and authentically, with his name fully signed to it ; and any one can say what they please of it. If ■I "t I b ', " I I 400 THIRTY YEARS' VIEW. it is wanti'd for aii invoctive, or philippic, there it is ! ready for uhc, and set king nu Hlielter for want of iiiithenticity. It iH given to tlie world, and in e,xpectciirtnu'iits of the country ; the political array against the I'reHident was unprecedented in |ioint of nuuilmr, and greot in |)oint t)f ability. Jiesides the three eminent chiefs, there were, in the Senate; Messrs. Bibb of Kentucky ; Kzokiel Chambers of Maryland ; Clayton of Delaware ; Ewing of Ohio ; Kirc- linghuyscn of New Jersey ; Wntkins IxMgh of Virginia; Mangumof North Carolina; Poiiidex- ter of Mi-ssissippi ; Alexander Porter of Louisi- ana; William 0. Preston of South Carolina; Southard of New Jersey; Tyler of Virginia. In the House of Representatives, IxsiiKs the cx-President, Mr. Adams, and the eminent jurist from Penn.sylvania, Mr. Horace Binney, there was a long catalogue of able sjK'akers ; Messrs. Archer of Virginia ; Bell of Tennes.seo ; Burge.ss of Rhode Island ; Rufus Choate of Massachu- setts; Corwin of Ohio; Warren R. Davis of South Carolina ; John Davis of Massachusetts ; Edwaid Everett of Ma,ssachusetts ; Millard Fill- more of New-York, afterwards President ; Ro- l)crt P. Letcher of Kentucky ; Benjamin Hardin of Kentucky ; MeDufBe of South Carolina ; Pey- ton of Tennessee; Vance of Ohio; Wilde of Georgia; Wise of Virginia: in all, above thirty able speakere, many of whom spoke many times ; besides many others of good ability, but with- out extensive national reputations. The busi- ness of the combination was divided — distress and panic the object — and the parts distributed, and separately cast to produce the ellect. The bank was to make the distress — a thing easy for it to do, fiom its own moneyed power, and its power over other moneyed institutions and money dealers ; also to get up distress meetings and memorials, and to lead the public press : the politicians were to make the panic, by the alarms wliich they created for the safety of the laws, of the constitution, the public liberty, and the pub- lic money : and most zealously did each division of the combination perform its part, and for the long period of three full months. The decision Vol. I.— 26 of the resolution condemning General Jackson, on which all this nuiehinery of dlstrcsn and pank) was hung, required no part of that time. There was the same majority to vote it the first day as the last; but the time was wanted to get up the alarm and the distress ; and the vote, when taken, was not from any exhaustion of the means of terrifying and agonizing the country, but for the puri)08o of having the sentence of condem- nation ready for the Virginia elections — ready for spreading over Virginia at the approach of the April elections. The ond proiwscd to thetOr selves by the combined parties, wiis, for the bank, a rccharter and the restoration of tho deposits; for the politicians, an ascent to power upon tho overthrow of Jackson. The friends of General Jackson saw the ad- vantages which were presented to them in the unhallowed combination between the moneyed and a political power — in the personal and vin- dictive character wliich they gave to tho pro- ceedings — tho private griefs of tho leading as- sailants — tho unworthy objects to bo attained — and the cruel moans to be used for their at- taiiunent. These friends were also numerous, zealous, able, determined ; and animated by the consciousness that they were on tho side of their country. They were, in tho Senate : — Messrs. Forsyth of Georgia ; Grundy of Ten- nessee ; Hill of New Hampshire ; Kane of Illi- nois ; King of Alabama ; Rives of Virginia ; Nathaniel Talhnadgo of New York ; Hugh L. White of Tennessee ; Wilkins of Pennsylvania ; Silas Wright of New-York ; and tho author of this Thirty Years' View. In tho House, were : — Messrs. Beardsley of New-York ; Cam- breleng of New-Yoi'k ; Clay of Alabama ; Gil- Ictt of New- York ; Hubbard of Now Hamp- shire ; McKay of North Carolina ; Polk of Tennessee ; Francis Thomas of Maryland ; Van- dcrpoel of Now- York ; and Wayne of Georgia. Mr. Clay opened tho debate in a prepared speech, commencing in the style which the rhe- toricians call ex abruptu — being the style of" opening which the occasion required — that of rousing and alarming the passions. It will be found (its essential parts) in the next chapter. ;\ is ;* 402 THIRTY YEARS' VIEW. hi; ■ *,i CHAPTER XCIX. MR. CLAYS SPEKCU AOAINST PUKSinKNT ,TArK- SON ON THE HEMOVAL. OF THE DEPOSITS— EX- TRACTS. " Mu. Clay ftddrp.sscrl the Senate as follows : Wc are, said he, in the mirlst of a revolution, hitherto bloodle.ss, but rapidly tending towards a total clmnfje of the pure republican character of the government, and to the concentration of all power in the hands of one man. The powers of Congress are paralj'zed, except when exerted in conformity with his will, by frequent and an extraordinary exercise of the executive veto, not anticipated by the fomiders of the constitution, and not practised by any of the predecessors of the present Chief ]\Iapistrate. And, to cramp them still more, a new expedient is springing into use, of withholding altogether bills whicli have received the sanction of both Houses of Congress, thereby ciitting off all opportunity of passing them, even if, after their return, the members should be unanimous in their favor. The constitutional participation of the Senate in the ai>pointing power is virtually abolished, by the constant use of the power of removal from oflice without any known cause, and by the appointment of the .same individual to the same office, after his rejection by the Senate. How often have we, senators, felt that the cheek of the Senate, instead of being, as the constitution intended, a salutary control, was an idle cereniouj' ? How often, when acting on the case of the nominated successor, have we felt the injustice of the removal? How often have we said to each other, well, what can we do ? the ollice cannot remain vacant without prejudice to the public interests ; and, if we re- ject the pioposed substitute, we cannot restore the displaced, and perhajjs some more unworthy man may be nominated. "The judiciary has not been exempted from the prevailing rage for innovation. Decisions of the tribunals, deliberately' pronounced, have been contemptuously disregarded, and the sanc- tity of numerous treaties openly violated. Our Indian relations, coeval with the existence of the government, and recognizetl and established by numerous laws and treaties, have been sub- verted ; the rights of the heljiless and unfortu- nate aborigines trampled in the dust, and they brought under sul)Jectiou to miknown laws, in whicli they have no voice, pronudgated in an unknown language. 'J'lie most extensive and most valuable |)ublic domain that ever fell to the lot of one nation is thiealened with a total sacrifice. The general cuirency of the country, the life-blood of all its business, is in the nu)st inuuinent danger of universal disorder and eon- fusion. The power of internal improvement lies crut-hed beneath the veto. The system of pro- tection ,.f American industry was snatched from imix>nding aistruction at the last session ; but we ai"e now coo'.'y told by the ^'ecretary of tiie Treasury, without a blush, 'that it is understood to be coitrrded on all haiidn that a tariff for protection merely is to be finally abandoned.' \\y the 'M\ of March, 1837, if the progress of in- novation continue, there will be scarcely a ves- tige remaining of the governnu nt and its iiolicv, as they existed ]n-ior to the 3'' of March, 1812!)" Tn a term of years, a little m o.e than equal to that which was required to establish our lihor- tics, the government will have been transfonned into an elective monarchy — the worst of all forms of government. '• Such is a melancholy but faithful picture of the present condition of our public allairs. It is not sketched or exhibited to excite, here or elsewhere, irritated feeling ; I have no such purjjose. I would, on the contrary, implore the Senate and the people to discard all passion and prejudice, and to look calmly but resolutely upon the actual state of the constitution and tlicci>untry. Although I bring into the Senate the same unabated spirit, and the same firm de- termination, which have ever guided me in the support of civil liberty, and the defence of our constitution, I contemplate the i)rospect before us with feelings of deep humiliation and jno- found mortification. '' It is not among the least unfortunate svii,|i- toms of the times, that a large ])roi)orti()n of the good and eidightened men of the Union, of all parties, are yielding to sentiments of despon- dency. There is, unliappily, a feeling of dis- trust and insecurit}' pervading the comnuuiitv. Many of our best citizens entertain serious iiji- prehensions that our Union and our institutions are de.-tined to a speedy overthrow. Sir, I trust that the hopes and ccmlidenee of the conn- try will revive. There is nuich occasion for manly independence and patriotic vigor, Imt none for despair. Thank God, we are yet free; and, if we put on the chains which aro forging for us, it will be because we deserve to weiu' them. We shoidd never despair of the repnb- lic. If our ancestors had been capable of sui- rendering tliemselves to such ignoble senti- ments, our independence and oui- liberties would never have been achieved. The winter of 177(i-'77, was one of the gloomiest periods of "ur revolution ; but on this day, lif'ty-seven j-eais ago, the father of his country achieved a glorious victory, which diffused joy, and gliul- ness, ami animation throughout the States. Let us cherish the hojic that, since he has gone fiom among us. Providence, in the disj)ensation of his mercies, has near at baud, in reserve fur us, though yet unseen by us, some sure and happy deliverance from all impending danger,'^. • When we assembled here last year, we were full of dreadful forebodings. On the one hand, we were menaced with a civil war, which, ligiit- iug uj) in a single State, nught spread its flames tiu'oughout ouu of tho largest Bcctions of the ANNO 1833. ANDREW JACKSON, PRESIDENT. 403 wns snatched from e last session ; but \o cecretary of tl\e that it is undcrstoud /,< that a tariff for finally abandoned.' ■ the progress of in- 1 be scarcely a ves- mu nt and its iiolicy. ;2''ofMarch, 18'2',). m v.e than equal to establish our liher- ive been transformed — the worst of all nt faithful picture of ir public alVairs. It cd to excite, here or cr ; I have no such contrary, imiilore the iscard all passion and ilmly but res(dutely the constitution and brin^ into the Senate and the same fuin df- L>ver Ruided me in the nd the defence of om- te the i>rospect before humiliation and pro- >ast nnfortunate s.\ mi)- a larjie ju'oportinn of men of the Union, of ) sentiments of desium- )pily, a feellMu; of di^- adinp; the comnumity. s entertain serious aii- on and our institutions ly overthrow. Sir, I confidence of the coiiii- is much occasion for patriotic vigor, but t God, we are yet free; iiins which arc forpuin we deserve to wear , despair of the repub- id been cai)ab"ie of sui- o such iiinoble sciiti- ice and oui- libertKs achieved. The winter the gloomiest periods ,n this day, tifty-?cven his c(nintry achieved a litt'used joy, !"»l P>«''' hrou^ihout the States that, since he has pone uco, in the dispensation at hand, in reserve lor by lis, some sui-e mi" till impending danger.><. here last year, we were ni!;s. On the one hand, , civil war, which, lif-dit- niiRht spread its flames largest Bcctiona ol tnc Union. On the other, a cherished system of policy, os.sontial to the successful prosecution of the industry of our countrymen, was expo,>ied to imminent danf^r of destruction. Means were iiappily npplied by Congress to avert both ca- lamities, the coimtr}- was reconciled^ and our Union once more Iwcame a band of friends and brother.s. And I shall be grtmtly disappointed, if we do not find those who were donoimccd as iK'ing unfriendly to the ctmtiniiance of our con- federacy, among the foremost to fly to its pre- servation, and to resist all executive encroach- ments. ''Mr. President, when Congress adjourned at the termit\ition of the last session, there was one remnant of its powers — that over the purse —left untouched. The two most important poweis of civil government are those of the sword and purse ; tlie first, with some restric- tions, is confided by the constitiition to the Executive, and the last to the legislative depart- ment. If they are separate, and exercised by diiferent res])onsililo departments, civil lilwrty is safe; but if they are united in the hands of tiie same individual, it is gone. That clear- sijrhled .and revolutionary orator and patriot, Patrick Henry, justly .said, in the Virginia con- vention, in reply to one of his opponents, ' Let him candidly tell me where and when did free- dom exist, when the sword and purse were u;iven up from the people ? Unless a miracle in human affairs interposed, no nation ever re- tained its liberty after the loss of the sword ai'd the pjirsc. Can you prove, by any argu- mentative deduction, that it is jwssible to be safe without one of them ? If you give them up, you arc gone.' •'Up to the jH'riod of the termination of the last session of Congress, the exclusive consti- tutional power of Congress over the treasury of tlie United States had never been contested. Among its earliest acts was one to establish the treasury department, which provided for the appointment of a treasurer, who was re- quired to give bond and security, in a very larfte amount, 'to receive and keep the moneys of the United States, and disburse the same upon warrants drawn by the Secretary of the Treasury, countersigned by the Comptroller, recorded by the Register, and not otherwise.' Prior to the establishment of the present Bank of the United States, no treasury or place had been provided or designated by law for the safe kce]>iiig of the public moneys, but the treasurer was left to his own discretion and responsibili- ty. When the existing bank was established, it w.'is provided that the public moneys should be deposited with it, and, consequently, that bank became the treasury of the United States; for, whatever place is designated by law for the keeping of the public money of the United States, under the care of the treasurer of the United States, is, for the time being, the trea- sury. Its dafety was drawn iu qiostion by the Chief Magistrate, and aa agent was appointed a little more than a jcar ago to investigate its ability. He reported iu the Executive that it was perfectly safe. His apprehensions of its sididity were communicated by the President to Congress, and a committee was appointed to examine the subject ; they, also, icported in fa- vor of its security. And, finally, among tho last acts of the House of Representatives, prior to the close of the last session, was the adop- tion of a resoluti(m, manifesting 1*8 entire con- fidence in the ability and solidity » 'the bank. "After all these testimonies to the perfect safety of the public moneys in the place ap- pointed by Congress, who could have supposed that the place would have been changed t Who could have imagined that, within sixty days of the meeting of Congress, and, as it were, in utter ccmtempt of its authority, the change should have been ordered ? Who would have dreamed that the treasurer should have thrown away the single key to the trea- sury, over whirl. Congress held ample contnd, and accepted, in lieu of it, some dozens of keys, over which neither Congress nor ho- has any adequate control? \et, sir, all this has been done ; and it is now our solemn duty to inquire, 1st. By whose authority it has been ordei-cd ; and, 2d. Whether the order has been given in conformity with the constitution and laws of the United States. " I agree, sir, and I am very happy whenever I can agree with the President, as to the im- mense importance of these qvcstions. He says, in the pajHir which I hold in my hand, ttiat he looks upon the pending question as involving higher considerations than tho ' mere transfer of a sum of money from one bank to another. Its decision may atlect the character of our government for ages to come.' And, with him, I view it as ' of transcendent importance, both in the principles and the con.sequences it in- volves.' It is a question of all time, for pos- terity as well as for us — of constitutional gov- ernment or monarchy — of liberty or slavery. As I regard it, I hold the bank as nothing, as perfectly insignificant, faithful as it has been in the performance of all its duties. I hold a sound curreiH'v as nothing, essential as it is to the prosperity of every branch of business, and to all conditions of society, and efficient as the agency of the bank has been in providing the country with a currency as sound as ever exist- ed, and unsiirp'' -■:ied by any in Christendom. I consider even the public faith, sacred and invio- lable as it ever should be, as comparatively nothing. All these au man i Sliall 404 THIRTY YEARS' VIEW. the power of Congress over the treasury of the United States, hitherto never contested, be wrested from its possession, and be hencefor- ward wielded by the Chief Magistrate ? En- tertaining these views of the magnitude of tiie question before us, I shall not, at least to-day, examine the reasons which the President has assigned for his act. If he has no power to perform it, no reasons, however cogent, can justify the deed. None can sanctify an illegal or unconstitutional act. "The question is, by virtue of whose will, power, dictation, was the removal of the de- posits efl'ected ? By whose authority and de- termination were they transferred from the Bank of the United States, where they were required by the law to be placed, and put in banks which the law had never designated ? And I tell gentlemen opposed to me, that I am not to be answered by the exhibition of a formal order bearing the signature of R. B. Taney, or any one else. I want to know, not the amanuensis or clerk who prepared or sign- ed the official form, but the authority or the individual who dictated or commanded it ; not the hangman who executes the culprit, but the tribunal which pronounced the sentence. I want to know that power in the government, that original and controlling authority, which required and commanded the removal of the deposits. And, I repeat the question, is there a senator, or intelligent man in the whole coun- try, who entertains a solitary doubt ? "Hear what the President himself says in his manifesto read to his cabinet : ' The Presi- dent deems it his duty to communicate in this manner to his cabinet the final conclusions of his own mind, and the reasons on which they are founded.' And, at the conclusion of this pa- per, what does he say ? ' The President again repeats that he begs his cabinet to consider the proposed measure as his own, in the support of which he shall require no one of them to make a sacrifice of opinion or principle. Its respon- sibility has been assumed, after the most ma- ture deliberation and reflection, as necessary to preserve the morals of the people, the freedom of the press, and the purity of the elective fran- chise, without which all will unite in saying that the blood and treasure expended by our forefathers, in the establishment of our happy system of government, will have been vain and fruitless. Under these convictions, he feels that a measure so important to the American people cannot be commenced too soon ; and he therefore names the 1st day of October next as a period proper for the change of the deposits, or sooner, provided the necessary arrangements with the State banks can be raaue.' Sir, is there a senator here who will now tell me that the removal was not the measure and the act of the President 1 " Thus is it evident that the President, neither by the act creating the treasury department, Qor by the bank charter, has any pov^ r over the public treasury. Has he anv by the con- stitution ? None, none. We have already seen that the constitution positively forbids any money from being drawn from the treasu- ry but in virtue of a previous act of appropiia- tion. But the President himself says that ' upon him has been devolved, by the constitu- tion, and the suffrages of the American people the duty of superintending the operation of the executive departments of the government, and seeing that the laws are faithfully executed.' If there existed any such double source of exe- cutive power, it has been seen that the treasury department is not an executive department ; but that, in all that concerns the public treasury, the ii^ecretary is the agent or representative of Congress, acting in obedience to their will, and maintaining a direct intercourse with them. By what authority does the President derive power from the mere result of an election ? In another part of this same cabinet paper he refers to the suffrages of the people as a source of power independent of a system in which power has been most carefully separated, and distributed between three separate and independent de- partments. We have been told a thousand times, and all experience assures us, that such a division is indispensable to the existence and preservation of freedom. We have established and designated offices, and appointed officers in each of those departments, to execute the duties respectively allotted to them. The President, it is true, presides over the whole ; specific du- ties are often assigned by particular laws to him alone, or to other officers under his super- intendence. His parental eye is presumed to survey the whole extent of the system in all its movements ; but has he power to come into Congress, and to say such laws only shall you pass ; to go into the courts, and prescribe the decisions which they may pronounce ; or even 10 enter the offices of administration, and, where duties are specifically confided to those officers, to substitute his will to their duty ? Or, has he a right, when those functionaries, deliberat- ing upon their own solemn obligations to tlie people, have moved forward in their assignerl spheres, to arrest their lawful progress, because they have dared to act contrary to his pleasure ? No, sir ; no, sir. His is a high and glorious station, but it is one of observation and super- intendence. It is to see that obstructions in the forward movement of government, unlaw- fully interposed, shall be abated by legitimate and competent means. " Such are the powers on which the President relies to justify his seizure of the treasury of the United States. I have examined them, recited the constitu- Prcsident might be m; 2d, for briberj-; 1, for niisdi-'meanors ; lolution chai-ged both canor upon the Presi :>lating the laws !\nd )wer over the public • the liberties cf the or, in dismissing tlie iury from office. Mr. the resolution wore ne a high crime, with- titution, without hav- lents and declarations stration of his mean- maintid on that head, le whole tenor of the that part of it which 5 conduct to that of ic treasure, to aid bun bcrties of his country ; ng upon it, would vote t or innocence of the esponding to the qucs- ilty, in the concluding achment. •Ir. B., trying an im- The constitution gives itatives the sole power ts ; vet we originiite ves. 'The constitution to be present ; but he is not here. It requires the Senate to be sworn as judges ; but we arc not so sworn. It re- quires the Chief Justice of the United States to preside when the President is tried ; but the Chief Justice is not presiding. It gives the House of Representatives a right to be present, and to manage the prosecution ; but neither the House nor its managers are here. It requires tlie forms of criminal justice to be strictly ob- served ; yet all these forms arc neglected an^ violated. It is a proceeding in which the First Magistrate of the republic is to be tried without being heard, and in which his accusers are to act as his judges ! " Mr. B. called upon the Senate to consider well what they did before they proceeded fur- ther in the consideration of this resolution. He ^alled upon them to consider what was due to the House of Representatives, whose privilege was invaded, and who had a right to send a message to the Senate, complaining of the pro- ceeding, and demanding its abandonment. He conjured them to consider what was due to the President, who was thus to be tried in his ab- sence for a most enormous crime ; what was due to the Senate itself, in thus combining the incompatible characters of accusers and judges, and which would itself bo judged by Europe and America. He dwelt particularly on the figure which the Senate would make in going on with the consideration of this resolution. It accused the President of violating the constitu- tion; and itself committed twenty violations of the same constitution in making the accusa- tion ! It accused him of violating a single law, and itself violated all the laws of criminal jus- tice in prosecuting him for it. It charged him with designs dangerous to the liberties of the citizens, and immediately trampled upon the rights of all citizens, in the person of their Chief Magistrate. ''Mr. B. descanted upon the extraordinary organization of the Senate, and drew an argu- ment from it in favor of the reserve and deco- rum of their proceedings. The Senate were lawgivers, and ought to respect the laws already made ; they were the constitutional advisers of the President, and should observe, as nearly as possible, the civil relations which the office of adviser presumes ; they might be his judges, and should be the last in the world to stir up an ac- cusation against him, to prejudge his gnilt, or to attack his character with defamatory language. Decorum, the becoming ornament of every fimc- tionary, should be the distinguishing trait of an American senator, who Ci/mbines, in his own office, the united dignities of the executive, the legislative, and the judicial character. In his judicial capacity especially, he should sacrifice to decorum and propriety ; and shun, as he would the contagious touch of sin and pesti- lence, the slightest approach to the character of prosecutor. He referred to British parliamen- tary law to show that the Lords could not join in an accusation, because they were to try it ; but here the Senate was sole accuser, and had nothing from the House of Representatives to join ; but made the accusation out and out, and tried it themselves. He said the accusation was a double one — for a high crime and a mis- demeanor — and the latter a more flagrant pro- ceeding than the former ; for it assumed to know for what cause the President had dis- missed his late Secretary, and undertook to try the President for a thing which was not triable or impeachable. " From the foundation of the government, it had been settled that the President's right to dismiss his secretaries resulted from his consti- tutional obligation to see that the laws were faithfully executed. Many Presidents had disr missed secretaries, and this was the first time that the Senate had ever undertaken to found an impeachment upon it, or had assumed to know the reasons for which it was done. "Mr. B. said that two other impeachments seemed to be going on, at the same time, against two other officers, the Secretary of the Treasury and the Treasurer ; so that the Senate was brim- ful of criminal business. The Treasurer and the Secretary of the Treasury were both civil officers, and were both liable to impeachment for misdemeanors in office ; and great misdemea- nors were charged upon them. They were, in fact, upon trial, without the formality of a reso- lution ; and, if hereafter impeached by the House of Representatives, the Senate, if they believed what they heard, would be ready to pronounce judgment and remove them from office, without delay or further examination. "Mr. B. then addressed himself to the Vice- President (Mr. Van Buren), upon the novelty of the scene which was going on before him, and the great change which had taken place since he had served in the Senate. He commended the peculiar delicacy and decorum of the Vice- President himself, who, in six years' service, in high party times, and in a decided opposition, never uttered a word, either in open or secret session, which could have wounded the feelings of a political adversary, if he had been present and heard it lie extolled the decorum of the opposition to President Adams' administration. If there was one brilliant exception, the error v^as redeemed by classic wit, and the heroic readiness with which a noble heart bared its bosom to the bullets of those who felt aggrieved. Still ad- dressing himself to the Vice-President. Mr. B. said that if he should receive some hits in the place where he sat, without the right to reply, he must find consolation in the case of his most illustrious predecessor, the great apostle of Ame- rican liberty (Mr. Jeflerson), who often told his friends of the manner in which he had been cut at when presiding over the Senate, and person- ally annoyed by the inferior — no, young and inconsiderate — members of the federal party. " Mr. B. returned to the point in debate. The President, he repeated, was on trial for a high crime, in seizing the public treasure in violation 408 TIIIRIT YEARS' VIEAV. Jl f of the laws and the constitution. Was the charpe tnie ? Docs the act which he has done deserve the definition which has been put upon it ? He had made up his own mind that the public deposits ought to be removed from the Hank of the United vStates. lie communicated that opinion to the Secretary of the Trcasuiy ; the Secretary refused to remove them ; the Pre- sident removed him, and appointed a Sccretar}- who gave the order which he thought the occa- sion required. All this he did in virtue of his constitutional obligation to see the laws faith- fiillj'' executed ; and in obedience to the same sense of duty which would lead him to dismiss a Secretary of War, or of the Navy, who would refuse to give an order for troops to march, or a fleet to sail. True, it is made the duty of the Secretary of the Treasury to direct the removal of the deposits ; but the constitution makes it the duty of the President to see that the Secre- tary performs his duty ; and the constitution is as much above law as the President is above the Secretary. " The President is on trial for a misdemeanor — for dismissing his Secretary without sufficient cause. To this accusation there are ready an- swers : first, that the President may dismiss his Secretaries without cause; secondly, that the Senate has no cognizance of the case ; thirdly, that the Senate cannot assume to know for what cause the Secretary in question was dis- mi.'iscd. " The Secretary of the Treasury is on trial. In order to get at the President, it was found ne- cessary to get at a gentleman who had no voice on this fioor. It had been found necessary to assail the Secretary of the Treasury in a man- ner heretof(jre unexampled in the history of the Senate. His religion, his politics, his veiacity, his understanding, his Missouri restriction vote, liad all been arraigned. Mr. B. said he would leave his religion to the constitution of the United States, Catholic as he was, and although 'the Presbjterian might cut off his head the first time he went to mass ; ' for he could see no other point to the anecdote of Cromwell and the capitulating Catholics, to whom he granted the free exercise of their religion, only he wouhi cut off their heads if they went to mass. His understanding he would leave to himself. The head which could throw the paper which was taken for a stone on this floor, but which was. in fact, a double-headed chain-shot fired from a forty-eight pounder, carrying sails, masts, rig- ging, all before it, was a head that could take care of itself. His veracity would be adjourned to the trial which Avas to take place for mis- quoting a letter of Secretary Crawford, and he had no doubt would end as the charge did for suppressing a letter which was printed in e.v- ".' 'SO among our documents, and withholding the name and compensation of an agent ; when that name and the fact of no compensation was lying on the table. The Secretary of the Trea- sury was arraigned for some incidental vote on the Missouri restriction, when he was a member of the Maryland legislature. Mr. B. did not know what that vote was ; but he did know that a curtain gentleman, who lately stood in the re- lation of nerfseant to another gentleman, in a certain high election, was the leader of the forces which defoiced Missouri of her place in the Union for the entire session which he first at- tended (not served) in the Congress of the United States. His politics could not be severe- ly tried in the time of the alien and sedition law, when he was scarce of age ; but were well tried during the late war, when he sided with his counvr}', and received the constant denuncia- tions of that great organ of federalism, the Fede- ral Kepublican newspaper. For the rest, Mr. B. admitted that the Secretary had voted for the elder Adams to be President of the United States, but denied the right of certain persons to make that an objection to him. Mr. B. dis- missed th^jse personal charges, for the present and would adjourn their consideration until his (Mr. Taney's) trial came on, for which the sen- ator from Kentucky (Mr. Claj'), stood pledged; and after the trial was over, he had no doubt but that the Secretary of the Treasury, although a Catholic and a federalist, would be found to maintain his station in the first rank of Ameri- can gentlemen and American patriots. " Mr. B. took up the serious charges against the Secretary ; that of being the mere instru- ment of the President in removing the deposits, and violating the constitution and laws of thu land. How far he was this mere instrument, making up his mind, in three days, to do what others would not do at all, might be judged by ever}' person who would refer to the opposition papers for the division in the cabinet about the removal of the deposits ; and which constantly cla.ssi'd Mr. Taney, then the Attorney General, on the side of removal. This classification was correct, and notorious, and ought to exempt an honorable man, if .any thing could exempt him, from the imputation of being a mere instrument in a great transaction of which he was a prime counsellor. The fact is, he had long since, in his character of legal adviser to the President, ad- vised the removal of these deposits ; and when suddenly and unexpectedly called upon to take the oilice which would make it his duty to act upon his own advice, he accepted it from the single sense of honor and duty ; and that he might not seem to desert the President in flinch- ing from the performance of what he had ro- connnended. llis personal honor was clean ; his ])ersonal conduct magnanimous ; his official deeds woidd abide the test of law and truth. '• Mr. li. said he would make short work of long accusations, and demolish, in three minutes, what had been ^oncocting for three months, and delivering for three days in the Senate. lie would call the attention of the Senate to certain clauses of law, and certain trea-sury instructions which had been left out of view, but which were decisive of the accusation against the Su- m. ANNO 1834. ANDREW JACKSON, PRESIDENT. 409 en he wns a member •c. Mr. B. did not )ut he did know that tely stood in the ro- her pentleman. in a le leader of the forces of her place in tlio n which he first at- ,he Congress of the 1 could not be severe- lie alien and sedition f age ; but were well when he sided with he constant denuncia- r federalism, the Fede- :. For the rest, Mr. Tctary had voted for esident of the United ht of certain persons to him. Mr. B. dis- arges, for the present, jonsideration until hia on, for which the sen- Clay), stood pledged; ,ver, he had no doubt the Treasury, although St, would be found to le first rank of Ameri- ican patriots, serious charges against jeing the mere instru- removing the deposits, ution and laws of thu this mere instrument, three days, to do what 11, might be judged by refer to the opposition I the cabinet about the ; and which constantly the Attorney Genenil. This classification was nd ought to exempt an ling could exempt him. leing a mere instrument which he was a prime le had long since, in his T to the President, ad- esc deposits ; and when dly called upon to take nake it liis duty to act ,e accepted it from the md duty, and that he t the President in iUnch- nce of what ho had re- nal honor was clean ; his limous; his official deeds law and truth, ild make short work of molish, in three minutes ng for three months, and ,y8 in the Senate. He of the Senate to certain ain treasury instructions )ut of view, but which jcusatiou against the bo- cretary. The first was the clause in the bank charter, which invested the Secretary with the power of transferring the public funds from place to place. It was the 15th section of the char- ter : he would read it. It enacted that when- ever required by the Secretary of the Treasury, the bank should give the necessary facilities for transferring the public funds from plac'j to place, within the United States, or territories thereof; and for distributing the same in payment of the public creditors, &c. " Here is authority to the Secretary to trans- fer the public moneys from place to place, limit- ed only by the bounds of the United States and its territories j and this clause of three lines of law puts to flight all the nonsense about the United States Bank being the treasury, and the Treasurer being the keeper of the public moneys, with which some politicians and newspaper wri- ters have been worrying their brains for the last tliree months. In virtue of this clause, the Se- cretary of the Treasury gave certain transfer drafts to the amount of two millions and a quar- ter ; and his legal right to give the draft was just as clear, under this clause of the bank char- ter, as his right to remove the deposits was un- der another clause of it. The transfer is made by draft ; a payment out of the treasury is made upon a warrant ; and the difference between a transfer draft and a treasury warrant was a thing necessary to be known by every man who aspired to the office of illuminating a nation, or of con- ducting a criminal prosecution, or even of under- standing what he is talking about. They have no relation to each other. The warrant takes the money out of the treasury : the draft trans- fers it from point to point, for the purpose of making payment: and all this attack upon the Secretary of the Treasury is simply upon the blunder of mistaking the draft for the warrant. " The senator from Kentucky calls upon the people to rise, and drive the Goths from the capitol. Who are those Goths 1 They are General Jackson and the democratic party, — he just elected President over the senator him- self, and the party just been made the majority in the House — all by the vote of the people. It is their act that has put these Goths in posses- sion of the capitol to the discomfiture of the senator and his friends ; and he ought to be quite sure that he felt no resentment at an event so disastrous to his hopes, when he has indulged himself with so much license in vituperating those whom the country has put over him. " The senator from Kentucky says the eyes and the hopes of the country are now turned uptn Congress. Yes, Congress is his word, and I hold him to it. And what do they see ? They see one House of Congress — the one to which the constitution gives the care of the piirse, and the origination of impeachments, and which is fresh from the popular elections : they see that body with a majority of above fifty in favor of the President and the Secretary of the Treasury, and approving the act which the sen- ator condemns. They see that popular appro- bation in looking at one branch of Congress, and the one charged by the constitution with the inquisition into federal grievances. In the other branch they sec a body far removed from the people, neglecting its proper duties, seizing upon those of another branch, converting itself into a grand inqtiest, and trying offences which itself prefers ; and in a spirit which bespeaks a zeal quickened by the sting of personal mortifica- tion. He says the country feels itself deceived and betrayed — insulted and wronged — its liber- ties endangered — and the treasury robbed : the representatives of the people in the other House, say the reverse of all this — that the President has saved the country from the corrupt domin- ion of a great corrupting bank, by taking away from her the public money which she was using in bribing the press, subsidizing members, pur- chasing the venal, and installing herself in su- preme political power. " The senator wishes to know what we are to do ? What is our duty to do ? I answer, to keep ourselves within our constitutional duties — to leave this impeachment to the House of Representatives — leave it to the House to which it belongs, and to those who have no private griefs to avenge — and to judges, each of whom should retire from the bench, if he happened to feel in his heart the spirit of a prosecutor in- stead of a judge. The Senate now tries Gene- ral Jackson ; it is subject to trial itself — to be tried by the people, and to have its sentence reversed." The corner-stone of Mr. Clay's whole argu- ment was, that the Bank of the United States was the treasury of the United States. This was his fundamental position, and utterly un- founded, and shown to be so by the fourteenth article of what was called the constitution of the bank. It was the article which provided for the establishment of branches of the mother institution, and all of which except the branch at Washington city, were to be emplo)'ed, or not employed, as the directors pleased, as de- positoiies of the public money ; and conse- quently were not made so by any law of Con- gress. The article said : " The directors of said corporation shall es- tablish a competent office of discount and de- posit in the District of Columbia, whenever any law of the United States shall require such an establishment ; also one such office of discount and deposit in any State in which two thousand shares shall have been subsci ibcd, or may be held, whenever, upon application of the legisla- ture of L.ucli StiUe, Congress may, by law, re- j quire the same : Provided, The directors aiore- I said shall not be bound to establish such office 1 before vhe whole of the capital of the bank shall I'l,- •\'S 410 THIRTT YEARS' VIEW. have been paid \ip. And it shall bo lawful for the directors of the said corporation to establish ofBces of discount and deposit wheresoever they Bhall think fit, within the United States or the territories thereof, to such pcuons, and under such regulations, as they shall deem proper, not being contrary to law, or the constitution of the bank. Or, instead of establishing such offices, it shall be lawful for the directors of the said corporation, from time to time, to employ any other bank or banks, to be first approved by the Secretary of the Treasury, at any place or places that they may deem safe and proper, to manage and transact the business propcfsed as aforesaid, other than for the purposes of discount, to be managed and transacted by such officers, under such agreements, and subject to such regula- tions, as they shall deem just and proper. " Mr. B. went on to remark upon this article, that it placcIr. Calhoun and Air. Clay, in which they came together — a conjunction of the two political poles — on the subject of the tariff, and laid it away for a term to include two presidential elections — that the effect would be (even if it was not the design), to bring them together upon all other subjects against General Jackson. This expectation was not disappointed. Early in the debate on Mr. Clay's condemnatory resolution, Jlr. Calhoun took the floor in its support ; and did Mr. Clay the honor to adopt his leading ideas of a revolution, and of a robbery of the treasury. He not only agreed that we were in the middle of a revolution, but also asserted, by way of consolation to those who loved it, that revolutions never go backwards — an aphorism destined, in this case, to be deceived by the event. In the pleasing anticipation of this aid from Mr. Calhoun and his friends, Mr. Clay had com- placently intimated the expectation of this aid in his opening speech ; and in that intimation there was no mistake. Mr. Calhoun responded to it thus : " The Senator from Kentucky [Mr. Clay] an- ticipates with conhdence that the small party, who were denounced at the last session as trai- tors and disunionists, will be found, on this trying occasion, standing in the front ran i, and manfully resisting the advance of despotic power. I (said Mr. C.) heard the anticipation with plea- sure, not on account of the compliment which it implied, but the evidence which it affords that the cloud which has been so industriously thrown over the character and motive of that small but patriotic party begins to be dissipated. The Se- nator hazarded nothing in the prediction. That party is the determined, the fixed, and sworn enemy to usurpation, come from what quarter and under what form it may — whether from the executive upon the other departments of this government, or from this government on the sovereignty and rights of the States. The reso- lution and fortitude with which it maintained its position at the last session, under so many diffl- culties and dangers, in defence of the States against the encroachments of the general go- vernment, furnished evidence not to be mistaken, that that party, in the present momeutouB struggle, would bo found arrayed in defence of the rights of Congress against the encroach- ments of the President. And let me tell tho Senator from Kentucky (said Mr. C.) that, if the present struggle against executive usurpa- tion be successful, it will be owing to the success with which we, the nullifiers — I am not afraid of the word — maintained the rights of the States against the encroachment of the general govern- ment at the last session." This assurance of aid was no sooner given than complied with. Mr. Calhoun, and all his friends came immediately to the support of tho resolution, and even exceeded their author in their zeal against the President and his Secre- tary. Notwithstanding the private grief which Mr. Calhoun had against General Jackson in the affair of the " correspondence " and the "exposition" — the contents of which hitter were well known though not published — and notwithstanding every person was obliged to remember that grief while Mr. Calhoun was assailing the General, and alleging patriotism for the motive, and therefore expected that it should have imposed a reserve upon him ; yet, on the contrary he was most personally bitter, and used language which would be incredible, if not found, as it is, in his revised reports of his speeches. Thus, in enforcing Mr. Clay's idea of a robbery of the treasury after the man- ner of Julius Caesar, he said : " The senator from Kentucky, in connection with this part of his argument, read a striking passage from one of the most pleasing and in- structive writers in any language (Plutarch], the description of Caesar forcing himself, sword in hand, into the treasury of the Roman common- wealth. We are at the same stage of our poli- tical revolution, and the analogy between the two cases is complete, varied only by the char- acter of the actors and the circumstances of tho times. That was a case of an intrepid and bold warrior, as an open plunderer, seizing forcibly the treaisury of the country, which, in that re- public, as well as ours, was confined to the cus- tody of the legislative department of the govern- ment. The actors in our case are of a different character — artful, cunning, and conupt poli- ticians, and not fearless warriors. They have entered the treasury, not sword in hand, as pub- lic plunderers, but, with? the false keys of soph- istry, as pilferers, under the silence of midnight. The motive and the object are the same, varied "• :l! I -..;fe.-'. 412 THIRTY YEARS' VIEW. rn mm mmt i ',»%% ' ''Im r.!/'> I ' v>'i ;« 4 VI-': -, ''•'Xtji- ,■>:> In like manner by circumstances and character. 'With money I will ^ct men. and with men money,' was the maxim of the Roman plunderer. With money we will get partisans, with partisans Votes, and with votes money, is the maxim of our public pilferers. With men and money Cnesar struck down Koman liberty, at the fatal battle of Pharsalia, never to rise again; from which dis- astrous hour all the powers of tlic Koman repub- lic were consolidated in the person of Ciesar, and perpetuated in his lino. With money and cor- rupt partisans a great eflbrt is now making to choke and stifle the voice of American liberty, through all its natural organs ; by corrupting the press ; by overawing the other departments ; and, finally, by setting up a new and iwllutetl organ, composed of oflBce-holders and corrupt partisans, under the name of a national conven- tion, which, counterfeiting the voice of the people, will, if not resisted, in their name dictate the succession ; when the deed will be done, the re- volution be completed, and all the powers of our republic, in like manner, be consolidated in the President, and perpetuated by his dictation." On the subject of the revolution, "bloodless as yet," in the middle of which we were engaged, and which was not to go backwards, Mr. Cal- houn said : " Viewing the question in its true light, as a struggle on the part of the Executive to seize on the power of Congress, and to unite in the Pre- sident the power of the sword and the purse, the senator from Kentucky [Mr. Clay] said truly, ai.d, let me add, philosophically, tliat we are in the midst of a revolution. Yes, the very exis- tence of free governments rests on the proper distribution and organization of power ; and, to destroy this distribution, and thereby concentrate power in any one of the departments, is to effect a revolution. But while I agree with the sen- ator that we are in the midst of a revolution, I cannot agree with him as to the time at which it commenced, or the point to which it has pro- gressed. Looking to the distribution of the powers of the general government, into the leg- islative, executive, and judicial departments, and confining his views to the encroachment of the executive upon the legislative, he dates the com- mencement of the revolution but sixty days previous to the meeting of the present Congress. I (said Mr. C.) take a wider range, and date it from an earlier period. Besides the distribution among the departments of the general govern- ment, there belongs to our system another, and a far more important division or distribution of power — that between the States and the general government, the reserved and delegated rights, the maintenance of which is still more essential to the preservation of our institutions. Taking this wide view of our political systeia, the revolu- tion, in the midst of which we are, began, not as supposed by the senator from Kentucky, shortly before the commenci'ment of the present session, but many years aj;(), with the commencenjentof the restrictive system, and terminated its (list stage with the passu;ie of the foive 1)111 of the last session, which alinorlied all the rights uiid sovereignty of the States, and consoldated tiiein in this government. Whilst this process was going on, of absorbing the reserved powers of the States, on the part of the general government, another commenced, of concentrating in the ex- ecutive the powers of the other two — the legis- lative and judicial deportments of the govern- ment ; which constitutes the second stage of tiie revolution, in which we have advanced alnio.st to the termination." Mr. Calhoun brought out in this debate the assertion, in which he persevered afterwards un- til it produced the quarrel in the Senate between himself and Mr. Clay, that it was entirely owing to the military and nullifying attitude of South Carolina that the " Cf)mpromise " act was passed, and that Mr. Clay himself would have been prostrated in the attempt to compromise. Ho thus, boldly put forward that pretension : "To the interposition of the State of .South Carolina we are indebted for the adjustment of the tariff question ; without it, all the influence of the senator from Kentucky over the nimin- facturing interest, great as it deservedly is, would have been wholly incompetent, if he had even thought proper to exert it, to adjust the ques- tion. The attempt would have prostrated him, and those who acted with him, and not the sjs- tem. It was the separate action of the State that gave him the place to stand upon, created the necessity for the adjustment, and disposed the minds of all to compromise." The necessity of his own position, and the in- dispensability of Mr. Calhoun's support, restrain- ed Mr. Clay, and kept him quiet under this cutting taunt; but he took ample satisfaction for it some j-ears later, when the triumph of General Jackson in the " expunging resolution," and the decline of their own prospects for the Presidency, dissolved their coalition, and re- mitted them tf) their long previous antagonistic feelings. But there was another point in which Mr, Calhoun intelligibly indicated what was fully believed at the time, namely, that the basis of the coalition which ostensibly had for its ob- ject the reduction of the tariff, was in reality a political coalition to act against General Jackson, and to the success of which it was essential that their own great bone of contention was to be laid aside, and kept out of the way, while the coali- tion was in force. It was to enable them to * .» ANNO 1834. ANDREW JACKSON, PRESIDENT. 413 f the|ircsciit ncssion, le coiiiiiK'iKi'iiwntof tenniimtiMl its lirst the ioiVii 'till "f thu I nil tlu' ri^ilUs luul lul cimsiildati'il tlicm 1st this prociss \vu8 lestTVt'il powirs of J j^eiieral utAiTiiiiient, icenlruting in the tx- Qthur twti — the lc}:is- ments «if the novern- le second stiifie of tlie avc advanced ahnost ut in this debute tlio evcred afterwards un- in the Senate iietwctn ; it was entirely owing ring attitude of South jmisc " act wa.s passed, ■icU" would have been t to compromise. IIo that pretension : of the State of .South for the adjustment of Hit it, all the intluincc itucky over the niiinu- 1 it deservedly i», would petcnt, if he had even it, to adjust the qucs- 1 havj prostrated him, 1 him, and not the sys- tc action of the State to stand upon, created justment, and disposed lomise." » vn position, and the in oun's support, restrain- him quiet under this x)ok ample satisfaction when the triumph of expunging resolution," own prospects for the leir coalition, and re- ig previous antagonistic another point in which y indicated what was B. namely, that the basis stensibly had for its ob- e tariff, was in reality a gainst General Jackson, lich it was essential that contention was to be laid le way, while the coali- was to enable them to unite their fu.-cis against the "encroachments and corruptions of the Executive" that the tariff was then laid away ; and although the removal of the dep isits was not then foreseen, as tlio first occasion for this conjunction, yet there could have Ix'^n no failure of finding occasions enough for the same purpose when the will was so strong — as subsequent events so fully proved. General Jackson could do but little during the remainder of his Presidency which was not found to bo " unconstitutional, illegal, corrupt, usurping, and dangerous to the liV>ertics of the people ; " and as such, subject to the combined attack of Mr. Clay and Mr. Calhoun and their respective friends. All this was as good as told, and with an air of self-satisfiiotion at the foresight of it, in these paragraphs of Mr. Cal- houn's speech: "Now, I put the solemn question to all who hear me : if the tariff liad not then been adjust- pil — if it was now an open question — what hope of successful resistance against the usurpations of the Executive, on the part of this or any other branch of tne government, could be enter- tained ? Let it not be said that this is the re- sult of accident — of an unforeseen contingency. It was clearly perceived, and openly stated, that 110 successful resistance could be made to the corruption and encroachments of the Executive, while the tariff question remained open, while it separated the North from the South, and wasted the energy of the honest and patriotic portions of the community against each other, the joint cH'ort of which is indispensably necessary to ex- pel those from authority who are converting the entire powers of government into a corrupt electioneering machine ; a'ld that, withou* sepa- rate State interposition, the adjustment was im- possible. The truth of this position rests not upon the accidental state of things, but on a profound principle growing out of the nature of government, and party struggles in a free State. History and reflection teach us, that when great interests come into conflict, and the passions and the prejudices of men are aroused, suuh strug- gles can never be composed by the influence of any individuals, however great ; and if there be not somewhere in the system .some high consti- tutional power to airest their progress, and com- pel the parties to adjust the diflerence, they go on till the State falls by corruption or violence. " I will (said Mr. C.) venture to add to these remarks another, in connection with the point under consideration, not less true. We are not only indebted to the cause which I have stated for our present strength in this body against the present usurpation of the Executive, but if the adjustment of the tarifl' had stood alone, as it ought to have done, without the odious bill which accompanied it — if those who led in the compromise had joined the State-rights party in their resistance to that unconstitutional meas- ure, and thrown the responsibility on its real autiiors, the administration, their party would have been so prostrated throughout the entiiv South, and their power, in con.sequence, so re- duced, that they would not have dared to attempt the present measure ; or, if they had, they would have been broken and defeated." Mr. Calhoun took high ground of contempt and scorn against the Secretary's ivasons for removing the deposits, so far as foundeneral supervision ; nor can I doultt that it niijiht Ik.' constitvilionally exercised in reference to the deposits. Heverse the present ciise; suj)- [»ose the late Secretary, instead of Iteiii); apainst, lad been in favor of tlie removal ; and that the Presiilent, instead of licing for, had been ajrainst it, deiiiiiii); the removid not only iuevpedient, but, under circiimstancvs illefrai ; woidd any man doubt that, under such circumstances, lie had a right to remove his Secretary, if it wen' tlie only means of preventing the removal of the deposits ? Nay, would it not be his indispen- sable duty to have removed him ? and, hail he not, would not he have been universally and justly held responsible?" In all the vituperation of tho Secretary, as beinp the servile instrument of the President's will, the members who indulged in that species of attack were acting against public and record- ed testimony. Mr. Taney was complying with his own sense of public «luty when ho ordered the removal. He had been attorney-general of the United States when tho deposit-removal question arose, and in all the stages of that question had been in favor of the removal ; .«o that his conduct was tho resuU of his own judg- ment and conscience ; and tho only interference of the President was to place him in a situation where ho would carry out his convictions of duty. Mr. Calhoun, in this speech, absolved liimself from all connection with tho bank, or dependence upon it, or favors from it. Though its chief author, he would have none of its ac- commodations : and said : " I am no partisan of the bank ; I am con- nected with it in no way. by moneyed or politi- cal ties. I might say, with truth, that tho bank owes as much to me i - to any other indivi(hial in the country ; and I might even add that, had it not been for my ell'orts, it would not have been chartered. Standing in this relation to the institution, a high sense of delicacy, a regard to indepondonce and character, has restrained me from any connection with tho institution wliatever, except some trifling accommodations, in the way of ordinary business, which wore not of the slightest im|M>rtanco either to tho bank or myself." Certftiuly tliero wa« no necessity for Mr. Cal- houn to make this disclaimer. His chanicter fyr iK'cuniary integrity placed him abovo tho suspicion of a venal motive. His errors eanio from ft dillerent source — from the or.e that (';c- sar thought excusable when empire was to bo attained. Mr. Clay also took the opportunity to disclaim any present connection wilhj or past favors from tho bank ; and, " Hogged permission to tn>spass a few mo- ments longer on the Senate, to make a state- ment concerning himself personally. He IhkI heard that one high in olllce had allowed him- self to assert that a dishonorable connection hail subsisted between him (.Mr. C), and the Hank of the United Slates. When the present charter was granted, he voted Ibr it ; and, hav- ing done so, he did not feel himself at liberty to subscribe, and he did not subscribe, for a sin- gle share in tho stock of the biuik. although lie contidently anticijiated a great rise in the value of the stock. A few years afterwards, during the presidency of Mr. .lones, is was thought, by some of his friends nt Philadelphia, expedient t") make him (Mr. C), a diivctor of the Ihmk of the United States; and he was made a director without any consultatitm with him. For that purjioF ■ tive shares were jiuiThased for him, by a friend, for which he (Mr. C), afterwards paid. When ho ceased to be a director, a short time Bub.sequently, he disposed of those shares. Hu does not now own, and has not for many years been the projirietor of, a single share. "When Mr. Clieves was appointed president of the bank, its affairs in the States of Kentucky and Ohio were in great disorder; and his (.Mr. C.'s). professional services were engaged during several years for the bank in those States. Ho brought a vast nnmlii'r of suits, and transacted a gri'at amount of professional business for the bank. Among other suits was that f(»r the re- covery of the one hnndre- n euntire was to l»c lok the oi)jiort unity nection with, or luist trespiii^s a fi'W mo- te, to mn\n' !i stiite- )ersoiiiilly. He Imd •I' liiid nl lowed iiiiii- ononihle ri)ni\ectiim II (Mr. C). nnd tho . Wlieii tlie iiresciit )led thr it ; mid. hiiv- A hiniHell' nt hherty it siihserihe, Tor a siii- he himlv. altiionuli \w real rice in tlie viihio rs afterwards, (hirinir IS, is was thoupht. liy adel|»hia. expedient to •ctor of tlu' Hiinlv of was made a direetor with hin>. For that tmvl\ased for liini, by •. t'.), afterwards \nm\. direetor, a short time of tliose shares. Ilo is not for many years rmpK' sliare. IS appointed president he States of Kentueky lisonier ; nnd liis (Mr. ^ weiv en^aped duriiij; V in those States. He suits, and transacted ional business for the ts was that for tlie re- ivd thousand dollars, ty of a law of Ohio, li' the inferior and su- mid by tlie bank the these services, and no to assert that no prn- lore lionestly and fair- )t. however, been the ipwarda of eipht years the bank, or any one ,,■ cent. About twelve ng to the failure of a !cea.scd). friend, a lurpc as his indur.ser, thrown it was principally due -. States. He (Mr C.) rigid economy, a smk- ■d, and paid off the debt t-n 1 long Hlnce, without nwirinfc from the hank the Hiightest favDr. Whilst ntliern aminid him j were disehai-jiing their debtn in pro|H'rty, nt liigh valuations, lie periodieally renewed liiM note, pnying tiic discount, until it woM wholly I'Xtinguisheil." IJiit it was not every memlxT who could thiis absolve himself from bank coimeetion, favor, or tK'P«'ndence. 'I'he list of congressional bor- rowers, or retaiuern, was large — not less thnn llfty of the former at a time, and a score of the latter ; nnd even after the failure of the biuik and the assignment of its elleels, nnd after nil iMissihle li(piidations hnd been ellected by tak- ing property nt 'high vnlunlion," allowing largely for "professional services," nnd liberal resorts to tho '• profit and loss" nceonnt, there reniiiined many to be sued by tho nssignces to whom their notes were passed ; nnd some of mich early dute ns to be met by a plea of the statute of limitations in bar of the stale de- niaiid. Mr. Calhoun conchuled with n " lift to the panic" in a reference to the ''fearful crisis" in which we were involved — the dangers ahead to the liberties of the country— the perils of our institutions — and a hint at his pennnnei i reme- dy—his panacea for nil the diseases of the body politic — dissolution of tho Union. Ho ended thus : " Wc have (said Mr. C), arrived nt a fearful crisis ; thing.s cannot long remain as they are. It behooves nil who love their country, who have atl'ection for their offspring, or who have any stake in our institutions, to pause nnd re- fk'ct; Conlldencc is dnily withdrawing from the general government. Alienation is hourly going on. These will neces.sarily create a state of tilings inimical to the existence of onr insti- tutions, and, if not speedily arrested, convul- sions nnist follow, and then comes dissolution or despotism ; when a thick cloud will be thrown over the cause of liberty and the future prospects of our country." CHAPTER CII. rUBLlO DISTUES9. From the moment of the removal of the depos- its, it was seen that the plan of the Bank of tho United States was to force their return, and with it a renewal of its charter, by opcratmg on the business of the country nnd the alarms of the people. For this purpose, loans and m*eoni- modatiouN were to cease at the mother bank and all its branches, nnd in all the local hankH over which tho national bank had control; and at the same time that diHcounlH were Htopped, curlailmeutH were made; and nil businestt men called on for the payment of all they owed, at the same time that all the usual sources of sup- ply were stojiped. This pressure was made to fall upon the business community, espveially up(m largo establishments employing a great many operatives ; so as to throw ns mnny labor- ing pi'ople as possible out of employment. At the same time, politicians engaged in making |)unic, had what amounts they pleased, un in- stance of a loan of .1|!10(),()(U) to n single one of these agitators, being detecteil ; and a loan of !i$l,U)(l,(M)t) to u broker, employed in making dis- tress, and in relieving it in favored cases at a usury of two and a half per centum jier month. In this manner, the business community was oppressed, and in all parts of the I'liion at tho same time: the organi// lion of the national bank, with branches in » ,ery State, and its con- trol over local banks, binng sufllcient to enable it to have its policy carried into elleet in nil places, nnd at the same moment. The first step in this policy was to get up distress meetin rs — a thing easily done — and then to have t .eso meetings properly officered and conducted. Men who had voted for Jackson, but now renounced him, were procured for ]iresident, vice-presi- dents, secretaries, and onitors; distress orations were delivered ; and, after suftieient exercise in that way, a memorial and a set of resolves, prepared for the occasion, were presented and adopted. After adoption, the old way of send- ing by the mail was discarded, and a deputation selected to proceed to Washington and make delivery of their lugubrious document. These memorials generally came in duplicate, to bo presented, in both Houses at once, by a senator from the State and the representative from the district. These, on presenting the petition, de- livered a distress harangue on its contents, often supported by two or three adjunct speak- ers, although there was a rule to forbid any thing being said on such occasions, except to make a brief statement of the contents. Now they were read in violation of the rule, and spoke upon in violation of the rule, and printed 416 THIRTY YEARS* VIEW. 4 »i|.v never to be read ap^in, and referred to a com- mittee, never more to Im seen by it ; and bound ur, in volumes to .-ncumber the shelves of the public documenta Every morning, for three months, the presentation of these memorials, with speeches to enforce them, was the occupa- tion of each House : all the mcmoi-ials bearing the impress of the same mint, and the orations generally cast after the same pattern. These harangues generally gave, in the lirst place, ''ome topographical or historical notice of the coimty or town from which it came — sometimes with a hint of its revolutionary services — then a de- scription of the felicity wh?ch it enjoyed while the bank had the deposits ; then the ruin which came upon it, at their loss ; winding up usually with a p:reat quantity of indignation against the man whose illegal and cruel conduct had occa- sioned such destruction upon their business. The meetings were sometimes held by young men ; sometimes by old men ; sometimes by the laboring, sometimes by the mercantile class ; sometimes miscellaneous, and irresiiectivc of party ; and usually sprinkled over with a smart number of former Jackson-men, who had ab- jured him on account of this conduct to the bank. Some passages will be given from a fev of these speeches, as specimens of the whole ; the quantity of which contributed to swell the pub- lication <>f the debates of that Congress to foi»r l-r^e volumes of more than one thousand pages each. Tlius, Mr. Tyler of Virginia, in present- ing a memorial from Culpeper county, and hint- ing at the military character of the county, said: " The coimty of Culpeper, as he had before ob- served, had been distinguished for its whiggism from the commencement of the Revolution ; and, if it had not been the first to hoist the revbhi- tionary banner, at the tap of the drum, they were .second to but one county, and that was the good county of Hanover, which had expressed the same opinion with them on this nil-import- ant subject. He presented the memorial of these sons of the whigs of the Revolution, and asked that it might be read, referred to the appropri- ate committee, and printed." Mr. Robbins of Rhodo Island, in presenting memorials from the towns of Smithficld and Cumberland in that State : "A small river runs through these towns, call- ed Blackstone River; a narrow stream, of no great volume of water, but perennial and mi- failing, and possessing great power from the fre- qtiency and greatness of its falls. Prior to 1791, this power had always nm to waste, ex- cept here and there a saw mill or a grist mill, to supply the exigencies of a sparse neighborhood, and one inconsiderable forge. Since that p- riod, from time to time, and fiom place to place, that power, instead of nmning to waste, has been appliei to the use of propelling machinery, till the valley of that small river has become the Manchester of America. That power is so un- limited, that scarcely any limitation can be fixed to its capability of progressive increase in its application. That valley, in these towns, already has in it over thirty Oillerent establishments ; it has in it two millions of fixed capital in those establishments ; it has expended in it annuallj', in the wagoi of manual labor, five himdred thou- sand dollars ; it has m it one hundix-d thousand spindles in operation. 1 should say it had — for one half of these spindles are already suspended, and the other half soon must be suspended, if the pre.sont state of things continues. ( )n the bank of that rivtr, the first cotton spindle wiw established in America. The invention of Ai k- wright, in a7.)1, escaped from the jealous jiiolii- bitions of Englaud, r.nd planted itself there. It was b-ought over by a Mr. Slater, who had been a laboring manufacturer in England, but who was not a machinist. He brought it over, not in models, but in his own mind, and fortunately he was blessed with a mind capacious of .=nih thi.igs, and which by its fair fniits, has nuule him a man of immense fortune, and one of the greatest benefactors to his adopted coTnitiy. There lie made the first essays that laid ilio foundation of that system which has spread >» far and wide in this country, and risen to such II height that it makes a demand annually Kir two hundred and fifty thousand bales of cotton — about one fourth of all the cotton crop of all our cotton-growing States; makes for fhoso States, for ilieir staple, the best market in tlic world, except that of England : it was rajiidly becoming to them the best market in the world, not excepting that of England ; still bettor, it was rapidly bcjoming for them a luarket to weigh down and preponderate in the scale ajiainst all the other markets of the world taken to- gether. Now, all those prospects are blasted by one breath of the Executive administration of this country. Now every thing in that valley, every thing in pos.session, every thing in jiros- pect, is tottering to its fall. One half of those one lumdred thousand spindles are, as 1 luloio stated, already stopped; the other half are still continued, but at a loss to the owners, and pure- ly from charity to the laborers ; but this charity has its limit; and regard to their own safify will soon constrain them to stop the other half Five months af ;o, had one travelled through thai valley and witnessed the scenes then displayed there — their numerous and dense jjopulatiori. all industrious, and thriving, and contented— hail heard the busy hum of industry in their hoiiri of labor — the notes of joy ui their hours of re ANNO 1834. ANDREW JACKSON, PRESIDENT. 417 its falls. Prior to ys nm to waste, cx- lill or a prist null, to iparse neighborhood, ;. Since that p-Tioil, I place to place, that to waste, has been sUinp machinery, till iver has become the That power is so un- imitation can be fixed .ssivc increase in its II these towns, already •lit establishments ; it ' fixed capital in those tended in it annually, »or five hundred thou- onc hundred thousand should say it had— for are already suspended, must be suspended, if irs continues. On the irst cotton spindle wiis The invention of Avk- froni the jealous prohi- planted itself there. It Ir. Slater, who had btin [• iu Enjiland, but who He brought it over, not u mind, and fortuuatily mind capacious of ?iich ts fair fniits, has ninde fortune, and one of the » his adopted co\iutry. •St essays that laid ilio >m which has spread >o untry, and risen to such i a demantl annually lor iiousand bales of eott.m ill the cotton crop ot all ates; makes for those the best market m tlio flndand: it was rapuliy •st market in the world, :ngland; sliU better, it for them a .narket to derate in the sc;ile against of the world taken to- f prospects are blasted hy cutivc adnunistrati.in ol Uy thing in that valley, Hon, every thing in pi<'s- ' fall One half of tho^e spindles arc, as 1 belovo ,. the other half are still htothcowners.andpure- aborers; but this clmnty rard to their own safety :,„ to stop the other lial Ue travelled throuphtlu' Kic scenes then disvlay^'jl i and dense population ai fine, and contented-haJ f industry in their ho.m If joy hi their hours cl r& la .ation — had seen the plenty of their tables, the comforts of their firesides — had, in a word, seeu in every countenance the content of every lieart; and if that same person should travel through the same v.xUey hereafter, and should find it then deserted, and desolate, and silent as the valley of death, and covered over with the solitary and mouldering ruins of those numer- ous establishments, he would say, ' Surely the hand of the ruthless destroyer ha.s been here!' iVow, if the present state of things is to he con- tinued, as surely as blood follows the knife that has been plun;ied to the heart, and death ensues, so surely that change there is to take place ; and he who ought to have been their guardian angel, will have been that ruthless destroyer." And thus Mr. Webster, in presenting a me- morial from Franklin county, in the State of Pennsylvania : '• The couniy of Franklin was one of the most respectable and wealthy in the great State of Pennsylvania. It was situated in a rich lime- stone valley, and, in its main character, was agricultural. lie had the pleasure, last year, to pass through it, and see it for the first time, when its rich fields of wheat iind rye were ri- pening, and, certainly^, he little thought then, that he should, at this timo have to present to the Senate such undeniable proofs of their actual, severe and pressing distress. As he had said, the inhabitants of Franklin county were princi- pally agi'iculturists, and, of these, the majority were the tillers of their own land. They weie in- terested, also, in manufactures to a great extent ; they had ten or twelve forges, and upwards of four thousand persons engaged in the manufac- ture of iron, dependent for their daily bread on the proij mistaken policy of the Executive. While he admitted that the solicitude of his neighbors and friends was excited in some de- gree by the embarrassments of the country, yet they felt a deeper solicitude for the restoration of the righiful authority of the constitution and the laws, it is this which excites their appre- hensions, and creates all their alarm. lie would not, at this time, enlarge further on the subject of this memorial He would only remark, that hemp, the great staple of the part of the country from whence the memorial came, had fallen twenty per cent, since he left home, and that Indian corn, another of its greatest staples, the most valuable of the fniits of the eiu-th for the use of man, which the farmer converted into most of the articles of his consumption, fur- nishing him with food and raiment, had fallen to an equal extent. There were in that county six thousand fat bullocks now remaining unsold, when, long before this time last year, there was scarcely one to be purchased. They were not sold, because the butchers covld not obtain from the banks the usual facilities in the way of discounts; they could not obtain funds in anticipation of their sales wherewith to pur- chase; and now $100,000 worth of this species of property remains on hand, which, if sold, would have been scattered through the country by the graziers, producing all the advantages to be derived from so large a circulation. Every fanner was too well aware of these facts one moment to doubt them. We are, said Mr. C. not a complaining people. We think not so much of distress. Give us our laws — guarantee to us our constitution — and we will be content with almost any form of government." And Mr. Webster thus, in pnrenting a me- morial from Lynn, Massachusetts : " Those members of the Senate, said Mr. W., who have travelled from Boston to Salem, or to Nahant, will remember the town of Lynn. It is a beautiful town, situated upon the sea, is highly industrious, and has been hitherto pros- perous and flourishing. With a population of eight thousand souls, its great business is the manufacture of shoes. Three thousand persons, men, women, and children, are engaged in this manufacture. They make and sell, ordinarily, two millions of pairs of shoes a year, for which, at 75 cents a pair, they receive one million fivu hundred thousand dollars. They consume half a million of dollars worth of leather, of which they buy a largt portion in Philadelphia and Baltimore, and the rest in their own neighbor- hood. The articles manufactured by them are sent to all parts of the country, finding their way into every principal port, from Ea.stport round to St. Louis. Now, sir, when I was last among the people of this handsome town, all was prosperity and happiness. Their business was not extravagantly profitable; they were not growing rich over fast, but they were com- fortable, all employed, and all satisfied and con- tented. But, sir, with them, as with others, a most serious change has taken place. They find their usual employments suddenly arrested, from the same cause which has smitten other parts of the country with like effects; and they have sent forward a memorial, which I have now the honor of laying before the Senate. This memoral.sir, is signed by nine hundred of the legal voters of the town ; and I understand the largest number of votes known to have been given is one thousand. Their memorial is short ; it complains of the illegal removal of the depos- its, of the attack on the bank, and of the etlect of these measures on their business." And thus Mr. Kent, of Maryland, in present- ing petitions from Washington county in that State : " They depict in strong colors the daily in- creasing distress with wliich they arc surround- T' ' i\ ANNO 1884. ANDREW JACKSON, PRESIDENT. 419 ied. They were not •8 covld not obtain facilities in the way not obtain funds in I wherewith to pur- worth of this species 1 which, if sold, would rh the country by the he advantages to be k circulation. Every re of these facts one We are, said Mr. C, e. We think not so J our laws— guarantee nd we will be content rovemnnent." s. in pnventing a me- chusett J : le Senate, said Mr. W., Boston to Salem, or to the town of Lynn. It uated upon the sea, is lasbcen hitherto pros- With a population of 8 great business is the L'hree thousand persons, ren, are engaged in this ike and sell, ordinarily, shoes a year, for which, receive one million five irs. They consume half rtli of leather, of which on in Philadelphia and in their own neighbor- mufttctured by them are B country, finding their lal port, from Eastport ow, sir, when I was la.st lis handsome town, all )pinc8S. Their business r profitable; they were fast, b.it they were com- and all satisfied and con- them, as with others, a taken place. They find s suddenly arrested, from has smitten other parts like eftects; and they nemorial, which I have ying before the Senate, gnedby nine hundred of town ; and I undcrstaiul rotes known to have been Their memorial is short; ral removal of the depos- e bank, and of the eUect lieir business." of Maryland, in present- Ishington county in that long colors the daily in- diich they are surround- ed. They deeply deplore it, without the ability to relicvj it, and they ascribf their condition to tlie derangement of the currency, and a total want of confidence, not only between man and man, but between banks situated even 'n the sanw; neighborhood — all proceeding, as they believe, from the removal of the public deposits from the Bank of the United States. Four months since, and the counties from whence thc.=e memorials proceed, presented a popula- tion as contended and prosperous as could be found in any section of the countrj^. But, sir, in that short period, the picture is reversed. Their rich and productive lands, which la.st fall were sought after with avidity at high prices, they infui-m us, have falien 25 per cent., and no purchasers are to be found even at that reduced price. Wheat, the staple of that region of the country, was never much lower, if as low. Flour is quoted in Alexandria at $3 75, where a large portion of their crops seek a market. These honest, industrious people cann'^t withstand the cruel and ruinous consequences of this des- perate and unnecessary experiment. The coun- try cannot bear it, and unless speedy relief is affor led, the result of it will be as disastrous to thosi who projected it, as to the country at large, who are afflicted with it." And thus Mr. Webster, presenting a petition from the master builders of Philadelphia, sent on by a large deputation : " I rise, sir, to perform a pleasing duty. It is to lay before the Ssnate the proceedings of a meeting of the building mechanics oi the city iind county of Philadelphia, convened for the purpose of expressing their opinions on the pre- sent state of the country, on the 24th of Febru- ary. This meeting consisted of three thousand persons and was composed of carpenters, masons, itrickmakers, bricklayers, painters and glaziers, lime burners, plasterers, lumber merchants and others, whose occupations are connected with the building of houses. I am proud, sir, that so respectable, so important, and so substantial a class of mechanics, have intrusted me with the presentment of their opinions and feelings, re- specting the present distress of the c(juntry, to the Senate. I am happy if they have seen, in the course pursued by me here, a policy favor- able to the protection of their interest, and the prosperity of their families. These intelligent ami sensible men, these highly useful citizens, have witnessed the effect of the late measures of government upon their own concerns ; and the resolutions which I have now to present, fully express their convictions on the subject. They propose not to reason, but to testify ; they speak what they do know. " Sir, listen to the statement ; hear the facts. The committee state, sir, that eight thousand persons are ordinarily employed in building nouses, in the city and county of Philadelphia ; a number which, with their families, would make quite a considerable town. They further state, that the average number of houses, which this body of mechanics has built, for the last five years, is twelve hundred houses a year. The average cost of these houses is computed at two thousand dollars each. Here is a business, then, sir, of two millions four hundred thousand dol- lars a year. Such has been the average of the last five years. And what is it now? Sir, the committee state that the busiv.ess has fallen off seventy-five per cent, at least ; that is to say, that, at most, onlj' one-quarter part of their usual employment now remains. This is the season of the year in which building contracts are made. It is now known what is to be the business of the year. Many of these persons, who have heretofore had, every year, contracts for several houses on hand, have this year no contract at all. They have been obliged to dis- miss their hands, to turn them over to any scraps of employment they could find, or to leave them in idleness, for want of any employ- ment. "Sir, the agitations of the country are not to be hushed by authority. Opinions, from how- ever high quarters, will not quiet them. The condition of the nation calls for action, for mea- sures, for the prompt interposition of Congress; and until Congress shall act, be it sooner or be it later, there will be no content, no reiwse, no restoration of former prosperity. Whoever sup- poses, sir, that he, or that any man, can quiet the disccntents, or hush the complaints of the people by merely saying, "peace, be still!" mistakes, shockingly mistakes, the real condition of things. It is an agitation of interests, not of opinions ; a severe pressure on men's property and their means of living, not a barren contest about abstract sentiments. Even, sir, the voice of party, often so sovereign, is not of power to subdue discontents and stifle complaints. The people, sir, feel great interests to be at stake, and they are rousing themselves to protect those interests. They consider the question to be, whether the govern- ment is made for the people, or the people for the government. They hold the former of these two proposition.s, and they mean to prove it. " Mr. President, this measure of the Secretary has produced a degree of evil that cannot be borne. Talk about it as we will, it cannot be borne. A tottering state of credit, cramped means, loss of property and loss of employment, doubts of the condition of others, doubts of their own condition, constant fear of failures and new explosions, an awful dread of the future — sir, when a consciousness of all these things accom- panies a man, at his breakfast, his dinner and his supper: when it attends him through his hours, both of labor and rest ; when it even dis- turbs and haunts his dreams, and when he feels, too, that that which is thus gnawing upon hira is the pure result of foolish and rash meas- ures of government, depend upon it ho will not bear it. A deranged and disordered currencj', the ruin of occupation, distress for present means. 420 THIRTY YEARS' VIEW. hi 111 - • *11^! the prostration of credit and confidence, and all this without hope of improvement or change, ia a Btate of things which no intelligent people can long endure." Mr. Clay rose to second the motion of Mr. Wehstcr to refer and print this memorial ; and, after giving it as his opinion that the property of the country had hcen reduced four hundred millions of dollars in value, by the measures of the government, thus apostrophized the Vice- President (Mr. Van Buren), charging him with a message of prayer and supplication to Presi- dent Jackson : "But there is another quarter which possesses sufficient power and influence to relieve the pub- lic distresses. In twenty-four hours, the execu- tive branch could adopt a measure which would afford an efficacious and substantial remedy, and re-establish confidence. And those who, in this chamber, support the administration, could not render a better service than to repair to the exe- cutive mansion, and, placing before the Chief Magistiate the naked and undisguised truth, prevail upon him to retrace his steps and aban- don his fatal experiment. No one, sir, can per- form that duty with more propriety than your- self. [The Vice-President.] You can, if you will, induce him to change his course. To you, tfien, sir. in no unfriendly spirit, but Tvith feel- ings softened and subdued by the deep distress which pervades every class of our countrymen, I make the appeal. By your official and per- sonal relations with the President, you maintain with him an intercourse which I neither enjoy nor covet. Go to him and tell him, without exaggeration, but in the language of truth and sincerity, the actual condition of his bleeding country. Tell him it is nearly ruined and un- done by the measures which he has been in- duced to put in opeialion. Tell him that his experiment is operating on the nation like the philosopher's expeririient upon a convulsed ani- mal, in an exhausted receiver, and that it must expire, in agony, if he does not pause, give it free and sound circulation, and suffer the energies of tlie people to be revived and restored. Tell him that, in a single city, more than sixty bankrupt- cies, involving a loss of upwards of fifteen mil- lions of dollars, have occurred. Tell him of the alarming decline in the value of all property, of the depreciation of all the products of industry, of the stagnation in every branch of business, and of the close of numerous manufacturing es- tablishments, which, a few short months ago, were in active and flourishing operation. De- pict to him, if you can find language to portray, the heart-rending wretchedness of thousands of the working classes cast out of employment. TelJ him of the tears of helpless widows, no longer able to earn their bread, and of unclad and unfed orphans who have been driven, by his policy, out of the busy pursuits in which but yesterday they were gaining an honest liveli« hood. Say to him that if firmness be honor- able, when guided by truth and justice, it i.e in- timately allied to another quality, of the most pernicious tendency, in the prosecution of an erroneous system. Tell him how much more true glory is to be won by retracing false steps, than by blindly rushing on until his country is overwhelmed in bankruptcy and ruin. Tell him of the ardent attachment, the unbounded devo- tion, the enthusiastic gratitude, towards him, so often signally manifested by the American peo- ple, and that they deserve, at his hands, better treatment. Tell him to guard himself against the possibility of an odious comparison with that worst of the Roman emperors, who, con- templating with indifference the conflagration of the mistress of the world, regaled himself during the terrific scene in the throng of his dancing courtiers. If j'ou desire to secure for yourself the reputation of a public iKiiiefactor, describe to him truly the universal distress al- ready produced, and the certain ruin which must ensue from perseverance in his measures. Till him that he has been abused, deceived, betray- ed, by the wicked coun.sels of unprincipled men around him. Inform him that all efforts in Con- gress to alleviate or terminate the public distress are paralyzed and likely to prove totally un- availing, from his influence upon a large portion of the members, who are unwilling to withdraw their support, or to take a course repugnant to his wishes and feelings. Tell him that, in his bosom alone, under actual circumstances, does the power abide to relieve the country ; and tiiat, unless he opens it to conviction, and cor- rects the errors of his administration, no human imagination can conceive, and no human tongue can express the awful consequences which may fol- low. Entreat him to pause, and to reflect that there is a point beyond which human endurance cannot go ; and let him not drive this brave, gener- ous, and patriotic people to madness and despair." During the delivery of this apostrophe, the Vice-President maintained the utmost decorum of countep-vnce, looking respectfully, and even innocently at the speaker, all the while, as if trea.suring up every word he said to be faithfully repeated to the President. After it was over, and the Vice-President had called some senator to the chair, he went up to Mr. Clay, and asked him for a pinch of his fine maccoboy snuff (as he often did) ; and, having received it, walkwl away. But a public meeting in Philadelpiiia took the performance seriously to heart, and adopted this resolution, which the indefatigable llezekiah Niles "registered" for the information of posterity : " liesohed^ That Martin Van Buren deserves, and will receive the execrations of all good mcu, ANNO 1834. ANDREW JACKSON, PRESIDENT. 421 ng an honest liveli* firmness be honor- and justice, it is in- quality, of the most le prosecution of an lim how much more retracing false steps, I until his country is y and ruin. Tell liim the unbounded devo- tude, towards him, so \yy the American peo- 5, at his hands, bettci ruard himself against 0U9 comparison with 1 emperors, who, con- nce the confl(^;ration rorld, regaled himself in the throng of his u desire to secure for jf a public bciiefactor, universal distress al- ertain ruin which must in his measures. Tell iiised, deceived, betray- Is of unprincipled nun 1 that all efforts in Oon- inate the public distress y to prove totally un- ce upon a large portion unwilling to withdraw a course repugnant to Tell him that, in his |ual circumstances, does leve the country; and to conviction, and cor- Iministration, no human . and no human tonjiue sequences which may tbl- luse, and to rctlect that rhich human endunuice ,t drive this brave, gcner- :o madness and despaa'." )f this apostrophe, the ted the utmost decorum respectfully, and even ter, all the while, as if he said to be faithfully Int. After it was over, Ihad called some senator to Mr. Clay, and asked ine maccoboy snuff (as •ing received it, walked iceting in rhiladeliihia leeriously to heart, and which the indel'ati^ble Ired" for the information Itin Van Burcn deserves, Irations of all good men, should he shrink from the responsibility of con- veying to Andrew Jackson the message sent by the honorable Henry Clay, when the build- ers' memorial was presented to the Senate. I charge you, said he, go the President and tell him — tell him if he would save his country — if he would save himself — tell him to stop short, and ponder well his course — tell him to retrace his steps, before the injured and insulted people, infuriated by his experiment upon their happi- ness, rises in the majesty of power, and hurls the usurper down from the seat he occupies, like Lucifer, never to rise again." Mr. Benton replied to these distress petitions, and distress harangues, by showing that they were nothing but a reproduction, with a change of names and dates, of the same kind of speeches and petitions which were heard in the year 1811, when the charter of the fust national bank was expiring, and when General Jackson was not President — when Mr. Taney was not Secretary of the Treasury — when no deposits hat', been removed, and when there was no quar el be- tween the bank and the government * and he read copiously from the Congress deba'.es of that day to justify what he said; and declared the two scenes, so far as the distress was concerned, to be identical. After reading from these peti- tions and speeches, he proceeded to say : " All the machinery of alarm and distress was in as full activity at that time as at present, and with the same identical effects. Town meetings —memorials — resolutions — deputations to Con- gress — alarming speeches in Congress. The price of all property was shown to be depressed. Hemp sunk in Philadelphia from $350 to $250 per ton ; flour sunk from $1 1 a barrel to $7 75 ; all real estate fell thirty percent. ; five hundred houses were suspended in their erection; the rent of money rose to one and a half per month on the best paper. Confidence destroyed — manufactories stopped — workmen dismissed — and the ruin of the country confidently pre- dicted. This was the scene then ; and for what object 1 Purely and simply to obtsiin a recharter of the bank — purely and simply to force a re- charter from the alarm and distress of the country ; for there was no removal of deposits then to be complained of, and to be made the Bcape-goat of a studied and premeditated attempt to operate upon Congress through the alarms of the people and the destruction of their pro- perty. There was not even a curtailment of discounts then. The whole scene was fictitious ; but it was a case in which fiction does the mis- chief of truth. A false alarm in the money market produces all the effects of real danger ; and thus, as much distress was proclaimed in Congress in 1811 — as much distress was proved to exist, and really did exist— then as now; without a single cause to bo alleged then, which is alleged now. Hut the jwwer and organization of the bank made the alarm then ; its power and organization make it now ; and fictitious on both occasions ; and men were ruined then, as now, by the jwwcr of imaginary danger, which in the moneyed world, has all the ruinous effects of real danger. No deposits were removed then, and the reason was, as assigned by Mr. Gallatin to Congress, that the government had borrowed more than the amount of the deposits from the bank ; and this loan would enable her to pro- tect her interest in every contingency. The oi)en object of the bank then was a recharter. The knights entered the lists with their visors off^no war in disguise then for the renewal of a charter under the tilting and jousting of a masquerade scuffle for recovery of deposits." This was a complete reply, to which no one could make any answer ; and the two distresses all proved the same thing, that a powerful na- tional bank could make distress when it plea.sed ; and would alw.'iyB please to do it when it had an object to gain by it — either in forcing a recharter or in reaping a harvest of profit by making a contraction of debts after having made an ex- pansion of credits. It will be difficult for people in after times to realize the degree of excitement, of agitation and of commotion which was produced by this or- ganized attempt to make panic and distress. The great cities especially were the scene of commotions but little short of frenzy — public meetings of thousands, the most inflammatory harangues, cannon firing, great feasts — and the members of Congress who spoke against the President received when they travelled with public honors, like conquering generals return- ing from victorious battle fields — met by masses, saluted with acclamations, escorted by process- ions, and their lodgings surrounded by thousands calling for a view of their persons. The gaining of a numicipal election in the city of New-York put the climax upon this enthusiasm ; and some instances taken from the every day occurrences of the time may give some fiiint idea of this ex- travagant exaltation. Thus : " Mr. Webster, on his late journey to Boston, was received and parted with at Philadelphia, New- York, Providence, &c., by thousands of the people." " Messrs. Poindexter, Preston and McDuffie visited Philadelphia the beginning of this week, and received the most flattering attention of the citizens — thousands having waited upon to honor them ; and they wore dined, &c., with great enthusiasm." i f f 422 THIRTY YEARS' VIEW. " A very large public meeting was held at the Musical Fund Hall, Philadelphia, on Monday afternoon last, to compliment the 'whigs' of New-York on the late victory gained by them. Though thousands were in the huge room, other thousands could not get in ! It was a complete 'jam.' John Sergeant was called to the chair, and delivered an address of 'great power and ability ' — ' one of the happiest efforts ' of that distinguished man. Mr. Preston of the Senate, and Mr. McBuffie of the House of Representa- tives, were present. The first was loudly called for, when Mr. Sergeant had concluded, and he addressed the meeting at considerable length. Mr. McDuflle was then as loudly named, and he also spoke with his usual ardency and power, in which he paid a handsome compliment to Mr. Sergeant, who, though he had differed m opinion with him, he regarded as a ' sterling patriot,' &c. Each of these speeches were received with hearty and continued marks of approbation, and often interrupted with shouts of applause. The like, it is said, had never before been witnessed in Philadelphia. The people were in the highest possible state of enthusiasm." " An immense multitude of people partook of a collation in Castle Gaixlen, New-York, on Tuesday afternoon, to celebrate the victory gained in the ' three days.' The garden was dressed with flags, and every thing prepared on a grand sraile. Pipes of wine and barrels of beer were present in abundance, with a full supply of eatables. After partaking of refresh- ments (in which a great deal of business was done in a short time, by the thousands employed — for many mouths, like many hanils, make quick work !) the meeting was organized, by a])pointing Benjamin Wells, carpenter, president, twelve vice-presidents, and four secretaries, of whom there was one cartman, cue sail maker, one grocer, one watchmaker, one ship carpenter, one potter, one mariner, one physician, one printer, one surveyor, four merchants, &c. The president briefly, but strongly, addressed the multitude, as did several other gentlemen. A committee of congratulation from Philadelphia was presented to the people and received with shouts. When the time for adjournment ar- rived, the vast multitude, in a solid cohnnn, taking a considerable circuit, proceeded to Gix>en- wich-street, where Mr. Webster was dbing with a friend.' Loudly called for, he came forward, and was instantly surrounded by a dense mass of merchants and cartmen, sailors and mechanics, Erofessional men and laborers, &c., seizing him y his iiands. He was asked to say a few words to the people, and did so. He exhorted them to perseverance in support of the constitution, and, as a dead silence prevailed, he was heard by thousands. He thanked them, and ended by hoping that God would bless them all." " Saturday Messrs. Webster, Preston and Binney were expected at Baltimore ; and, though raining hard, thousands assembled to meet them. Sunday they arrived, aud were met by a dense mass, and speeches exacted. A reverend minis- ter of the Gospel, in excuse of such a gathering on the Sabbath, said that in revolutionary times there were no Sabbaths. They were conducted to the hotel, where 5,000 well-dressed citizens received them with enthusiasm." " Mr. McDufBe reached Baltimore in the after- noon of Saturday last, on his return to Wasli- ington, and was received by from 1,500 to 2,000 people, who were waiting on the wharf for tlio purpose. He was escorted to the City Hotel and, from the steps, addressed the crowd (now increased to about o,000 persons), in as earnest a speech, perhaps, as he ever pronounced — and the vHanwerof his delivery was not less forcible than the matter of his remarks. Mr. McD. spoke for about half an hour ; and, while at one moment he produced a roar of laughter, in tlio next he commanded the entire attention of the audience, or elicited loud shouts of applause. " I'he brief addresses of Messrs. Webster, Binney, McDuflie, and Preston, to assembled multitudes in Baltimore, and the manner in which they were received, show a new state of feelings and of things in this city. When Jlr. McDuffie said that ten d^ys after the entrance of soldiers into the Senate chamber, to send the senators home, that 200,000 volunteers would be in Washington, there was such a shout as wc have seldom before heard." " There was a mighty meeting of the people, and such a feast as was never before prepared in the United States, held near Philadelphia, on Tue.>- day last, as a rallying ' to support the constitu- tion,' and ' in honor of the late whig victory at New-York,' a very large delegation from iliat city being in attendance, bringing with them their frigate-rigged and highly- finished boat, culled the 'Constitution,' which had been pasMil through the streets during the 'three days.' The arrival of the steamboat with this dek'j;a- tion oh board, and the procession that was tliin formed, are described in glowing terms. The whole number congregated was supposed not to be less than fifty thousand, multitudes attend- ing from adjacent parts of Pennsylvania, New Jersey, Delaware, &c. Many cattle and other animals had been roasted whole, and there were 200 great rounds of l>eef, 400 hams, as many beeves' tongues, &c.,and 15,000 loaves of bread, with crackers and cheese, &c., and equal supplies of wine, beer, and cider. This may give some idea of the magnitude of the feast. John Sergeant presided, assisted by a large number of via;- presidents, &c. Strong bands of music played at intervals, and several salutes were fir;;d from the miniature frigate, which were returned by heavy artillery provided for the purpose." Notices, such as these, might be cited in any number ; but those given are enough to show to what a degree people can be excited, when a great moneyed power, and a great political party, com- bine for the purpose of exciting the passions ANNO 1834. ANDREW JACKSON, PRESIDENT. 42J A reverend minis- 3 of such a gathering 1 revolutionary times They were conducted well-dressed citizens iasm." {altimore in the after- his return to Wiisli- ,y from 1,500 to 2,000 on tlie wharf for the A to the City Ilottl, ssed the crowd (now lersons), in as earnest jvcr pronounced — and y was not less forcible remarks. Mr. McD. our ; and, while at one oar of laughter, in the ;ntire attention of the shouts of applause. of Messrs. Webster, Preston, to assembled J, and the manner in i show a new state of [I'this city. When Mr. rys after the entrance tc chamber, to send the :)000 volunteers would was such a shout as wo d." iceting of the people, and r before prepared in the r Philadelphia, on Tut■^- to support the constitu- [the late whig victory at e delegation from tliut I, bringing with tlain highly- finished bout, which had been pasHtl iring the 'three days.' mboat with this dcUiiii- )rocession that was tliiu n glowing terms. The ted was supposed not to sand, multitudes attend- of Pennsylvania, New Many cattle and otlur d whole, and there were ■ef 400 hams, as many 15 000 loaves of bread, ) &c., and equal supplies i'his may give some idea feast. John Sergeant large number of vice- bands of music played salutes were fir^jd from hich were returned by for the purpose." L might be cited in any In are enough to show to .be excited, when a great feat political party, coro- [f exciting the passions through the public suQcrings and the public alarms. Immense amounts of money were ex- pended in these operations ; and it was notorious that it chiefly came from the great moneyed cor- poration in Philadelphia. CHAPTER CIII. BENATOEIAL CONDEMNATION OF PRESIDENT JACKSON: III8 PK0TE8T: NOTICE OF TUE EX- PUNGING RESOLUTION. Mr. Clay and Mr. Calhoun were the two lead- ing spirits in the condemnation of President Jackson. Mr. Webster did not speak in favor of their resolution, but aided it incidentally in the delivery of his distress speeches. The reso- lution was theirs, modified from time to time by tbemselves, without any vote of the Senate, and by virtue of the privilege which belongs to the mover of any motion to change it as he pleases, until the Senate, by some action upon it, makes it its own. It was altered repeatedly, and up to the last moment ; and after undergouig its final mutation, at the moment when the yeas and nays were about to be called, it was parsed by the same majority that would have voted for it on the first day of its introduction. The yeas were: Messrs. Bibb of Kentucky; Black of Mississippi ; Calhoun ; Clay ; Clayton of Dela- ware ; Ewing of Ohio ; Frelinghuysen of New Jersey ; Kent of Maryland ; Knight of Rhode Island ; Leigh of Virginia ; Mangum of North Carolina ; Naudain of Delaware ; Poindexter of Mississippi ; Porter of Louisiana ; Prentiss of Vermont ; Preston of South Carolina ; Robbins of Rhode Island ; Silsbce of Massachusetts ; Na- than Smith of Connecticut ; Southard of New Jersey ; Sprague of Maine ; Swift of Vermont ; Tomlinson of Connecticut ; Tyler of Virginia ; Waggaman of Louisiana; Webster. — 20. The nays were : Messrs. Benton ; Brown of North Carolina; Forsyth of Georgia; Grundy of Ten- nessee; Hendricks of Indiana; Hill of New Ilarapshire ; Kane of Illinois ; King of Alaba- ma ; King of Georgia ; Linn of Missouri ; Mc- Kean of Pennsylvania ; Moore of Alabama ; Morris, of Ohio ; Robinson of Illinois ; Shep- ley of Maine ; Tallmadge of New York ; Tipton of Indiana ; Hugh L. AVhite uf Tennessee ; Wil- kina of Pennsylvania; Silas Wright of New York.— 20. And thus the resolution was pass* cd, and was nothing but an empty fulmination — a mere personal censure — having no relation to any business or proceeding in the Senate ; and evidently intended for effect on the people. To increase this effect, Mr. Clay proposed a re- solve that the Secretary should count the names of the signers to the memorials for and against the act of the removal, and strike the balance between them, which he computed at an hun- dred thousand : evidently intending to add the effect of this popular voice to the weight of tho senatorial condemnation. The number turned out to be unexpectedly small, considering the means by which they were collected. When passed, the total irrelevance of the re- solution to any right or duty of the Senate was made manifest by the insignificance that attend- ed its decision. There was nothing to be done with it, or upon it, or under it, or in relation to it. It went to no committee, laid the founda- tion for no action, was not communicable to the other House, or to the President ; and remained an intrusive fulmination on the Senate Journal : put there not for any legislative purpose, but purely and simply for popular effect. Great ni- liance was placed upon that effect. Tt was fully believed — notwithstanding the experience of the Senate, »n Mr. Van Buren's case — that a senato- rial condemnation would destroy whomsoever it struck — even General Jackson. Vain calculation ! and equally condemned by the lessons of his- tory, and by the impulsions of the Imman heart. Fair play is the first feeling of the ma.^scs ; a fair and impartial trial is the law of the heart, as well as of the land ; and no condemnation is toler- ated of any man by his enemies. All such are required to retire from the box and tho bench, on a real trial: much more to refrain from a simulated one ; and above all from instigating one. Mr. Calhoun and Mr. Clay were both known to have their privata griefs against Gene- ral Jackson, and als to have been in vehement oprjosition to each othei', and that they had '• .'ompromised" their own bone of contention to Ih> able to act in conjunction against him. Tho irstinctive sagacity of the people saw all this ; and their innate sense of justice and decorum revolted at it ; and at the end of these proceed- ings, the results were in exact contradiction to the calculation of their effect. General Jackson ill ' 424 THIRTY YEARS' VIEW. . Ill r*' / f -^'1 #v m^ ■ was more popular than ever ; the IcarU-rs in the movement against him were nationally crippled ; their friends, in many instances, were politically destroyed in their States. It was a second edi- tion of " Fox's martyrs." During all the progress" of this proceeding — while a phalanx of orators and speakers were daily fulminating against him — while many hundred newspapers incessantly assailed him — while public meetings were held in all parts, and men of all sorts, even beardless youths, harangued against him as if he had been a Nero — while a stream of committees was pduring upon hi II (as they were called), and whom he soon rcf sed to receive in that character ; during the hundred days that all this was going on, and to judge from the imposing appearance n'Mch +lie crowds mai^e that came to Washington to bring up the " distress," ind to give countenance to the Senate, and emphasis to its proceedings, and to liH the daily galle!}', applnnding the speakers it,^ainst the President — saluting with noise and confusion those who spoke on his side : during all this time, and when a nation seemed to be inarms, aiid the earth in commotion agai st him, he was tranquil and quiet, confident of eventual victorj', and firmly relying upon God and the people to set all right. I was accustomed to see him often during that time, always in the night (for I ' "d no time to quit my seat during the daj) • and never saw him appear more truly heroic and grand than at this time, lie was perfectly mili in his language, cheerful in his temper, firm in his conviction ; and confident in his re- liance on the power in which he put his trust. I have seen him in a great many situations of peril, and even of desperation, both civil and mili- tary, and always saw him firmly relying upon the success of the right through God and the people ; and never saw that confidence more firm and steady than now. After giving him an account of the day's proceedings, talking over the state of the contest, and ready to return io sleep a little, and pi-epare much, for the tDmbats of the next day, he would usually say : " We shall whip them yet. The people will take it up after a while." But he also had good de- fenders present, and in both Houses, and men who did not confine themselves to the defensive —did noi limit themselves ro returning blow for blow — but assailed the assailants — boldly charging upon them their owl illegal conduct— [from closing itd doors by running wagons with exposing the rottenness of their ally, the bank — showing its corruption in conciliating politi- cians, and its criminality in distrassing the peo- ple — and the unholiness of the combination which, to attain political power and secure a bank charter, were seducing the venal, terrify- ing the timid, disturbing the country, destroy- ing business and property, and falsely accus- ing the President of great crimes and misde- meanors ; because, faithful and fearless, he stood sole obstacle to the success of the combined powers. Our labors were great and incessant, fee we had superior numbers, and great ability io contend against. I spoke myself above thirty times; others as often; all many times; and all strained to the utmost; for we felt, that the cause of Jackson was that of the coun- try — his defeat that of the people — and the success of the combination, the delivering up of the government to the domination of a mon- eyed power which knew no mode of govem- mint bet that of corruption and oppression. We contended strenuously in both Houses; und as courageously in the Senate against a fixed majority as if we had some chance for success ; but our exertions were not for the Senate, but for the people — not to change sena- torial votes, but to rouse the masses through- out the land ; and while borne down by a ma- jority of ten in the Senate, we looked with pride to the other end of the building ; and de- rived confidence from the contemplati'.n of a majority of fifty, fresh from the elections of the people, and strong in their good cause. It was a scene for Mons. De Tocqueville to have look- ed on to have learnt which way the difference lay between the men of the direct vote of the people, and those of the indirect vote of the General Assembly, "filtrated" through the •• rciiiiing" process of an intermediate body. But although fictitious and forged, yet the distress was real, 'id did an immensity of mi? cliief. Vast numbers of individui is were ruin- ed, or ci'ippled in their affairs ; a great mauy banks were broken — a run being made upon all that wor.ld not come into the systci i of the na- tional Link. The deposit bank ', u: Mve all were selected for pressure. Several of them were driven to suspension — some to give up the de- posits — and the bank in Washington, in 'vhich the 1 'asnrydid its business, was only saved % i-y ANNO 1834. ANDREW JACKSON, PRUSIDENT. 425 heir ally, the 'oank conciliating iwliti- distressinp the pco- if the combination )ower and secure a ; the venal, terrify- ic country, destroy- , and falsely accus- crimcs and misde- md fearless, he stood IBB of the combined great and incessant, jrs, and great ability ipoke myself above ten ; all many times ; itmost ; for we felt, was that of the coun- thc people— and the >n, the delivering up domination of a mon- no mode of govem- )t\on and oppression, sly in both Houses; the Senate against a had some chance for Dns were not for the B— not to change sena- the masses through- borne down by a ma- nate, w« looked with the building ; and de- le contemplaii' n of a )m the elections of the r good cause. It was iquevillo to have look- ch way the diflerence the direct vote of the indirect vote of the trated" through the intermediate body. ]s and forged, yet tlve an immens'ty if mi- individui Is were ruin- |affairs ; a great mauy in beiiig made upon all the systcn of the na- t bank . a- ove all were levera; of them were jme to give up the de- Washington, in which |ines8, ^Yas only saved running wagons with specie through mud and mire from t!ie jnint in Philadelphia to the bank in Washington, to supply the place of what was hauled from the bank in Washington to the national bank in Philadelphia — the two sets cf wagons, one go- ing and one coming, often pnssing each other on the road. But, while riin was going on upon others, the great corporation in Philadel- phia was doing well. The distress of the coun- try was its harvest ; and its monthly returns showed constant increases of specie. When all was over, and the Senate's sen- tence had been sent out to do its office among the people, General Jackson felt that the time had come for him to speak ; and did so in a "Protest," addressed to the Senate, and re- markable for the temperance and moderation of its language. lie had considered the pro- ceeding against him, from the beginning, as illegal and void — as having no legislative aim or object — as being intended merely for cen- sure ; and, therefore, not coming within any power or duty of the Senate. He deemed it extra-judicial and unparliamentary, legally no more than the act of a town meeting, while in- vested with the forms of a legal proceeding ; and intended to act upon the public mind with the force of a sentence of conviction on an im- peachment, while in reality but a personal act against him in his personal, and not in his official character. This idea he prominently put forth in his " Protest ;" from which some passages are here given : " The resolution in question was introduced, discussed, and passed, not as a joint, but as a separate resolution. It asserts no legislative power, proposes no legislative action ; and neither possesses the form nor any of the attri- butes of a legislative measure. It docs not ap- pear to have been entertained or pn.-;scd, with any view or expectation of its issiiing in a law or joint resolution, or in the repeal of any law or joint resolution, or in any other legislative action. " Whilst wanting both the form and substance of a legislative measure, it is equally manifest, that the resolution was not justifietl by any of the executive powers conferred on the Senate. These powers relate exclusively to the consider- ation of treaties and nominations to office ; and they are exercised in secret session, and with closed doors. This resolution does not apply to any treaty or nomination, and was passed in a public session, " Nor does this proceeding in any way belong to that class of incidental resolutions which re- late to the officers of the Senate, to their cham- ber, and other appurtenanws, or to subjects of order, and other matters of the like nature — in all which either House may lawfully proceed without any co-operation with the other, or with the President. " On the contrary the whole phraseology and sense of the resolution seem to be judicial. Its essence, true character, and only practical effect, are to Im; found in the conduct which it charges upon the President, and in the judgment which it pronounces on that conduct. The resolution, therefore, though discussed and adopted by the Senate in its legislative capacity, is, m its office, and in all its characteristics, essentially judicial. "That the Senate possesses a high judicial power, and that instances may occur in which the President of the United States will be ame- nable to it, is undeniable. But under the pro- visions of the constitution, it would seem to be equally plain that neither the President nor any other officer can be rightfully subjected to the operation of the judicial power of the Senate, except in the cases and under the forms pre- scribed by the constitution. "The constitution declares that 'the Presi- dent, Vice-President, and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of treason, bri- bery, or other high crimes and misdemeanors' — that the Ilou.se of Representatives ' shall have the sole power of impeachment ' — that the Senate 'shall have the sole power to try all impeach- ments' — that 'when sitting for that purpose, they shall be on oath or affir"iation' — that 'when the President of the United States is tried, the Chief Justice shall preside' — that no person shall be convicted without the concur- rence of two-thirds of the members present' — and that 'judgment shall not extend further than to remove from office, and disqualification to hold and enjoy any office of honor, trust or profit, under the United States.' " The resolution above quoted, charges in sub- stiince that in certain proceedings relating to the public revenue, the President has usurped au- thority and power not conferred upon him by the constitution and law.s, and that in doing so he violated both. Any such act constitutes a high crime — one of the highest, indeed, which the President can conuuit — a crime which justly exposes him to impeachment by the House of Representatives, and upon due conviction, to re- moval from office, and to the complete and im- mutable disfranchisement prescribed by the con- stitution. " The resolution, then, Was in substance an impeachment of the President ; and in its pas- sage amoimts to a declaration by a majority of the Senate, that he is guilty of an impeachable offence. As such it is spread upon the journals of the Senate — published to the nation and to the world — made part of our enduring archives — and incorporated in the history of the age. The punishment of removal from office and fu« i 1^ 426 THIRTY YKARS' VIEW. ttire disqjmliflci'.tion, docs not, it is true, follow this decision ; nor would it have followed the like decision, if tlie rejjular forms of proceedinp had been pursued, because the renuisite number did not concur in the lesult. iJut the moral intlucnce of a solemn declaration, by a majority of the Senate, that the accused is guilty of the ofTcnce charged upon him, has been as effectual- ly secured, as if the like declaration had been made upon an imiwachment expressed in the same terms. Indeed, a greater practical effect has been gained, l»ccause the votes given for the resolution, though not sufficient to authorize a judgment of guilty on an impeachment, were numerous enough to carry that resolution. " That the resolution does not expressly allege that the assumption of power and authority, which it condemns, was intentional and corrupt, is no answer to the preceding view of its char- acter and effect. The act thus condemned, ne- cessarily implies volition and design in the in- dividual to whom it is imputed, and being un- lawful in its character, the legal conclusion is, that it was prompted by improper motives, antl committed with an unlawful intent. The charge is not of a mistake in the exercise of supposed powers, but of the assumption of powers not conferred by tlie constitution and laws, but in derogation of both, and nothing is r^uprgested to excuse oi- palliate the turjjitude of the act. In the absence of any such excuse, or palliation, there is room only for one inference ; and that is, that the intent was unlawful and corrupt. Besides, the resolution not only contains no mitigating suggestion, but on the contrary, it holds up the act complained of as justly ob- noxious to censure and reprobation ; and thus as distinctly stamps it with impurity of motive, as if the strongest epithets had been used. " The President of the United States, there- fore, has been by a majority of his constitutional triers, accused and found guilty of an impeach- able offence ; but in no part of this proceeding have the directions of the constitution been ob- served. "The impeachment, instead of being preferred and prosecuted by the House of Kepresenta- tives, originated in the Senate, and was prose- cuted without the aid or concurrence of the other House. The oath or affirmation pre- scribed by the constitution, was not taken by the senators ; the Chief Justice did not preside ; no notice of the charn;e was given to the accus- ed ; and no opportunity afforded him to respond to the accusation, to meet his accusers face to face, to cross-examine the witnesses, to procure counteracting testimony, or to be heard in his defence. The safeguards and formalities which the constitution has connected with the power of impeachment, were doubtless supposed by the framers of that instrument, to be essential to the protection of the public servant, to the attainment of justice, and to the order, impar- tiality, and dignity of the procedure. These safeguards and formalities were not only practi- cally disregarded, in the commencement and con« duct of these proceedings, but in thoir result, I find myself convicted by less than two-thirds of the members present, of an impeachable oUcncc." Having thus shown the proceedings of the Senate to have been extra-judicial and the mere fulmination of a censure, such as niiglit coino from a " mass meeting," and finding no warrant in any right or duty of the body, and intended for nothing but to operate upon him personally, ho then showed that senators from three States had voted contrary to the sense of their respective State legislatures. On this point he said : " There are also some other circumstances con- nected with the discussion and passage of tho resolution, to which I feel it to be, not only my right, but my duty to refer. It appears by the journal of the Senate, that among the twenty- six senators who voted for the resolution on its final passage, and who had supported it ir <]&. bate, in its original form, were one of j sena- tors from the State of Maine, the two senators from New Jersey, and one of the senators from Ohio. It also appears by the same journal, and by the files of the Senate, that the legislatures of these States had severally expressed their opin- ions in respect to the Executive proceedings drawn in question before the Senate. " It is thus seen that four senators have de- clared by their votes that the President, in tlic late Executive proceedings in relation to tho revenue, had been guilty of the impeachable of- fence of ' assuming upon himself authority and power not conferred by the constitution and laws, but in derogation of both,' whilst the leg- islatures of their respective States had deliber- ately approved those very proceedings, as consistr cnt with the constitution, and demanded by the public good. If these four votes had been givtn in accordance with the sentiments of the legisliv- tures, as above expressed, there would have been but twenty-four votes out of forty -six for cen- suring the President, and the unprecedented re- cord of his conviction could not have been plaaJ upon the journals of the Senate. " In thus referring to the resolutions and in- structions of State legislatures, I disclaim and repudiate all authority or design to interfere with the responsibility due from members of the Se- nate to their own consciences, their constituents and their country. The facts now stated belong to the history of these proceedings, and are im- portant to the just development of the principles and interests involved in them, as well as to tho proper vindication of the Executive department; and with that view, and that view only, are they here made the topic of remark." The President then entered his solemn pro- test against the Senate's proceedings in thcs» words : AXNO 1834. ANDREW JACKSON, PRESIDENT. 427 mmencenjcnt and pon« , but in thoir iTsult, I i>s8 than twd-tliirdsof I iinponchablo oUcneo." 10 proceedings of tho -judicial and the incro I such as might conio d finding no warrnnt in body, and intended for )on him personivlly, lio ■8 from three States had ISO of their reBpectivo lis point ho said : thcr circumstances con- on and passnpe of tho '1 it to be, not only my Per. It appears by tho hat among the twenty- i)r the rcBohition on its hud supported it ;r ilo- , were one of ■>; eeiia- lainc, the two senators me of the senators from y the same journal, and , that the lepislaturi's of ly expre8se Itrin^ I his Unlv intiMliNri'iiiitoMiiinM^ tlio |ii'ii|ilf, anil tlunliy rnnovc tho niily txi^l- iii); Itairicr to (lie niliilinry ('iii'ioiirliiiuiils nixl u»ur|ialionsii(' KxoiMilivi' power:" — ami lu'iimv- I'll iliat (he |i;i|M r, n.H lu< callcil il, hIioiiIiI not Ih< rm'ivcil. Mr. Itontoii litviiuMl tliin n |iii)|i('r •H'tuxioii tit >;ivi' ui>ti<'t' of liirt inU'iilioii (o iiiovj' ft slrtMin nuaniiiv wliicli lie •'•nlt'inplnloil — itn ox|uinpii): ri'Hilntion apiiiisi ilioM'ntoiuv of (In- Si'iiato: -a (K-li'muiiatioii (o wliicli lio liuil cumf from liix own ciMiviclions of ri^lit, niiii wliicli lu< lutw niinoiiiut'il willioiil coiisiillalioii willi any of IiIh fri«-nils. Ilo ilooincd tliii* inoV('n\«'iit to«> l>oM |o lio suhniiJU'tl Ion foinifil of friomli* — (i't (lu-ircoiicin iviico; — anti iK'livvi'tl it was iK'ltir to pnHHvd witlioiit tlioir know- loilm*, than airaiiml tlu'ir (ltH'inion. lie, tli«>iT- fun-, dolivinil liis iiotitr r.r (tUnipIn, mroiu- panicd liv an oanicsl invootivo aj^uinst tlio oon- dm't of tlio Sonato ; and (Hinnnittcdliinisclf iriv- vivalily to llio prosocntioH of tin* "oxpnnjiing ivsolntion " nnlil ho wliould suivivd in (ln'oH'ort, or terminate hit* politieni life: He naid: "The pnhlie mind was ni>w to he (Hcnpied with a tpiestion of the \ery lirst moment and imporlanee, and idontieal in all its features with the j;i\'at i|nestion jii-owiii;:; out of l!ie famous resofntiiMis of ilu> Knijlish Mouse of Commons III the ea-e of the .Middlesex eh-etioii in the year ITt'S; and whieh enirrossed tin- attt-nlion of the Hriti>h en\pire for fourteen years lu-fore it was | settled. That ijnestion was one in whi<'h the House of Commons was jnd^reil, aiuh'ondennied. for ndoptiiV}! a resolution wliieh was held hy the \ suhjeefs of the Itritish erown to he a violation | of tlieir eonstitutiou, nn«l ii suhvtTsion of tlie rights of Kuirlishmen: tlie (jnestiou now hefoie the Senate, and whieh will p> before the .\me- rioan |H'ople, i:n)ws t>nl of a nf the House of Conimons. after fourteen years of annual mo- tions, was expnup'il fi-om the .Journal of the House ; and he pKilged himself to the .\merieun jH>ople to eotnuuMUH' a similar series of motions with n'sjHH't to this resolution of the Senate. He had made up his mind to do so witliout eon- sultation with any human being, and without deigning to ealeulate the eluinees or the time of snoivss. He restetl under the firm eonviotittn that the resolution oi the Senate, which had drawn fn>m the rn-sident the ealm, tom|H'ratc, and dignified protest, wliioh had been read at the table, was a resolution which ought to Ik* expunged from the Journal of the Senate ; and if tuny thing was necessary to stimulate his seime of duly in mnkin^ n motion to tlinl elfeet, and in eiieourngiiig oilier^ after he was ^niu', hi following np that motion |o sucichh, it windd he found in the history and terminalicui of ihr simi- lar motion whieh was made in the Kn^li'-h House of Commmih to whieh he had rclrrreil. That motion was renewed for fourteen >ears - from I7 than two to om> ; and Ihe gratifying s|H'elaele was iH'held of a publii expurgation, in the face of the as- sembled Comnions of lingland, of the obnoxious resolution from Ihe .lonrnal of the Hoiihc. The elections in Knglaud were septennial, and it took two terms of se\en y«'ars, or two geneial eU'Ctions, to biing the sens«> of the kingdom to bear njnui their representalivi's. The elections of the Senate were sexennial, with intercalary exits and entrances, and il might lake a los, or a longer ptriod, he wiiuld not presume to Miy which, to bring the sense of the .Vnieiican peoplV to bear upon an act of the .\nuiicau Seualc. Of that, he wouM make no c.ilctilation ; but the linal success of the motion in the Knglish House of Commons, al'ler fourteen years' ptTseveraiice, was a sntllcient encouragi'UU'Ul for him to begin, ami doidil less would encouragt- otlurs lo enn- tinne, until the good work should beerowned with success; and Ihe oidy aloneuu ul made whicli it was in the Senate's power to make, to the violated majesty of the citnstitution, the in- vadi'd privileges of thi' House of Hepreseulatives, and the subverted rights «if an ,\merican citi/eii. " In bringing this gnat (piestiou before tlie .Xmei'ican people, .Mr. IS. should consider liiin- self as addressing tin' calm inbdligcnce of an enlightened community. He bilieved the body of the .Vmcricau people lo be Ihe mo>l enlighten- ed community upon earth; and, without the least disparagcnunt to the present Senate, he must be permitted lo believe that many such Senates might be drawn from the ranks of the people, and still leave no dearth of intelligence behind. To such a community — in an appeal, on a great (piestion of constitutional law, to the iiiider- stamlings of such a jHOpIe- (leclamation, pas- sion, epithets, «>pprobrious language, would stand for nothing. They vv\iuld float, harmless and unheeded, through tlie empty air, and strike in vain upon the ear of a solK>r and dispassionate tribunal. Indignation, real or aU'ected ; wrath, however hot ; fury, however enragctl ; assevera- tions, however violent ; denunciation, however furious ; will avail nothing. Facta — inexorable facts — are all that will be attemled to ; reason, calm ami self-possessed, is all that will be listen- ed to. An intelligent tribunal will exact the respect of an address to their uiulcrstandings; and he that wishes to be lieard in this great *«■ ANNO isat. ANDREW JAlIKMON, IMCICSIDKNT. 429 intioil to I lull I'IUtI, il'lrr 111' «i»- n n'l'lv I" llu> lllcr II llt'iul Vlilt' MM M'CtUltl MVllI yrillN 'till of till' tiTiii. mill It'W I'lirlilllllrlll. tlio I by iiiDiv lliiiii Iwii n|M'i'lm'K' wiiH IhIu 111 1 (1h> Im'f t>r till' iiH- llllll, III" tlllMlllllllXilMIS tl (if till- llmiHi'. Till' t> si'|)li'tiiiiiil, uikI it •I'uiK, or two piu'iiil .(> of till- kiiiniliiiu to ilivi's. 'Ilio I'li'ilioiis iiini, with iiitiiraliiry uiijilit tiiK«' a l»>s, or nut luvsiiiiu' to Miy if till' Aiiu I iianiKojili' 111' Anurii'aii Sriiiiii'. 1 raliMilaliiMi ; Iml llu' I ill till' Knuii^li IliiUM' II y»Hr>' iniM'M raiii-o, iiu'iil lorliiiii to lii'>;iii, ull•a^;^' otlii I'H to I'liii- U sluuiM ''»' iTi'VMiril III atoiu'iiu'ut luailo 's |io\vi'r to maivc, to constitution, lIu' iii- soot' lU'prrKi'nlalivi's, iin Anirriran citizon. i|iii'stiiiii Ih'I'ow the ImiiUl coiif-iilii' liiiii- m inl«'llip'iu'i' of an lU' lii'lii'vril llii'lioily u'llionio^t (•nlitilili.'n- ii(l,Mitlii'iit tin- liast out Si'iiati'. Ill' must It iiiaiiy siiili Si'iiati'S ranks of tin' in'oplo, if inti'llip'm'o iKliiml. an apiH-al, o\\ a (jivat il law, to till" nmkr- .K'- lU'clauialioii, pas- iiis lanmiam", would wmiUl tloat.harinloss iMujity air, and strike iIkt aiid disjiassionate 111 tir alVi'ctcd ; wrath, or onrant'il ; asso\ era- li'iiiinciatioii. howi'vcr . Facts — inexorable attcndi'd to ; reason, all that willbolislen- ibunal will exact the heir understandings; )0 heard iu this great niicHtion, or \n'\nf( heard, would wish |o he heeded, will have (H'ensioii to Im- eleiir mid eor- rei't ill his lacts ; clime and |M'rHpiciioiiH in hin a|i|ilii'atioii III' law ; fair and candid in hitt con- I'litNioiis and inrereiiccN ; teni|MTate and ileesNed witli the Iriith of all these convictions, it \\m the intention of liimself (Mr. II,), whatever the example or the provocation niinlit be — never to forget IiIm place, liisHiibji'd, his audience, and his object — never to forget (hat he was siM'aktn^ in the American Senate, nil a ipieslion of violated constitution and ont- riip'd individiial ri^^lit, to an andience cuinpre- heiidin^ the whole bisly of the American iieopte, iind for the purpose of oblainiii}; a ri^hteoiis decision from the calm and hoIh-I' jiidginent of Ik lii^h niinded, intelligent, and patriotic <-iim- iiiiinity. '• The (jiK'stioii immediately before the Senate was one of minor coiisei|iience ; it. mi^hl be called a i|iieslioii of Hiiiall iinport, except for |lie ell'cci which the decision iuip;ht have upon the Senate itself. In that point of view, it niip;ht be a i|iiestion of some moment ; for, wilh- iiiit nfereiice to individuals, it was essential to I lie cause of free pivernments, that every di'- piirliiieiit of the ^oxertiment, the Senate inclii- (iivc, should so act as to pivserve to itself the respect and tlu' conliih>iice of the country. 'I'Ik' itiMiieiliate ipiestioti was, npon the rejection of the I'ri'sident's niessap'. It wan moved to reject il — to reject it, not after it was cotisiden-d, bill before it was coimidered ! and tlins to tell the .\tiierican |H'iip|i' tlmt their President shall nut lie heard — should not be allowed lo plead liis defence — in the presence of (be liody that cnndemiied him — neither bi'fore the eondemnu- tioii, nor after it! This is the motion: and certainly no enemy to the Setialo could wish it til miscarry. The President, in the conchiflioti of his message, has res|K'ctfully rei|iies|ed that his defence miglit be entered upon the .lonrnal of llie Senate — upon that same ■lournal which contains the record of his conviction. This is the reipiest of the President. Will the Senate deny it 7 Will they refuse this act of sheer Justice and coninion decency ? Will they (;o further, and not only refuse to pluee it on the .lournal, but refuse even to siiller it to remain in the Senate ? Will they refuse to permit it to remain on tile, but send it back, or throw it out of doors, without condesceii.inj!; to reply to it ? For that is the exact iinport of the motion now made! Will senators exhaust their minds, nnd their bodies also, in loading this verycom- innnication with epitliets, and then Kay that it shall not be received ? Will they receive me- morials, resolutions, essays, from all that choose to abuse the "resident, and not receive a word (if defence from him ? Will they continue the sin'ctiu'le which had been presented here for three months — n daily prtisenlatioii of attacks upuu the I'rcsideiit from all that choose to at- tack him, yoiiiiKand old, tNiyHnnd men — allnckM ei'hoiiiK tlie v«'i'y sound of this n-sidiition, nnd which are not only received and Hied here, but printed, whicli, possibly, the twenty-six could not iiiiile here, nor pi to trial upon any where! lie remarked, in the third place, upon theelfect produced in tlie eliiiructer of the resolution, and alllrmed that it was nothing lie said that tlio same charge ran thioiiuh all three. They all three imputed to the I'resiileni a violation of the constitution nnd laws of the country— of that constitution which be \mih HWorn to siiii- iNirt, and of those laws which he was not only bound to observe himself, but to cause to bu faitlifiilly observed by all others. ''A viidatioii of the constitution nnd of the laws, Mr. It.sniiL were not altstract ions and meta- physical subtleties. They must relate to persons or tliiiif;s. The violations cannot rest in the air; they must nillx themselves to men or to pioperty; they must connect themselves with the transactions of real life. They cannot bo i(h'al and contemplative. In omitting the spe- cillcatioiis relative to the dismission of onu Secretary of the Treasury, and the appoinlmenl of another, what other specillcat ions were adopt- ed or substituted? (Certainly none! What ollurs were mentally intended ? Surely none! What others wert' supp'Sted ? Certainly none ! The (general charp; then rests iifion the sanio specilieation ; and so completely is this the fa<;t, that no snp]iorter of the resolutions has thoii)rht it necessary to innke the least alteration in his i^peechcH which supported the original resolu- tion, or to say a single additional word in favor of the altei'i'd rt solution iks finally passed. The omission of the specilieation is tlu'ii an omission of form inid not of substance; it is a chaiip' of words and not of thing's ; and the substitution of a deropition of the laws luid constitution, for dangerous to the liberties of the people, is » still more lla);rant instance of change of words without chanp! of things. It is tautologoiis and nonseiisiciil. It adds nothing to the general charge, and takes nothing from it. It neither explains it nor (lualilies it. In the technical sense it is absurd; for it is not the <-ase of u statute in erties of the people, had to lie taken out. There was danger, not in the people certainly, but to the character of the resolution, if it staid in. It identified that resolution as an im- peachment, nnd, their'fore, constituted a piece of internal evidence which it was necessary to withdraw ; hut in withdrawing which, the cha- racter of the resolution was uot altered. The I 430 THIRTY YEARS' VIEW. iit f.i ^#1 o.1;^ '-4 &I m1" i> p^ffi ■ ''i i fh ■' r* VW\ . ifetJi": charge for violating the laws and the constitu- tion still stood ; and the substituted clause was nothing but a stapper to a vacuum — ac^ditional sound without additional sense, to fill up a blank and rour'i off a sentence. " After showing the impeaching character of the Senate's resolution, from its own internal evidence, Mr. B. had recourse to another de- scription of evidence, scarcely inferior to the resolutions themselves, in the authentic inter- pretations of their meaning. He alluded to the speeches m.i; " i,i support of them, and which had resounded in this chamber for three months, and were now circulating all over the country in every variety of newspaper and pamphlet form. These speeches were made by the friends of the resolution to procure its adoption here, and to justify its adoption before the country. Let the country then read, lei, the people read, wl'.at has bceu sent to them for the purpose of justifying these resolutions which they are now to try ! They will find them to Ik; in the cha- racter of prosecution p'oadings against an ac- cused man, on his trial for the commission of great crimes ! Let tliein look over these speeches, and mark the passages ; they will fii.d language ransacked, historj' rummaged, to find words sufficiently stnmg, and examples Bufficientl}' odious, to paint an^ legislative, it assisted in making laws; as a judicial tribunal, it decided im|K>achmcnts. Now, in which of these cliarac- ters did the Senate act when it adopted the re- solution in question? Not in its executive c'laracter, it will be- admitted; not in its legisla- tive cliaraoter, it wiii be proved: for the reso- lution was, in its nature, wholly foreign to legis- lation. It was directed, not to the fuimatiou of a law, but to the condemnation of the President. It was to condemn him for dismi.ssing one Sec- retary, because he would not d<> i thing. !'..iachnient — an impeachment in violation of ail the forms prescril)ed l)y tiie constitution — in violation of the privileges of the House of Representatives — in subversion of the rights of the accused, iml the record of whieh ought to be e;;punged from the Journal of the Senate. " Jlr. B. said the selection of a tribunal for the trial of impeachments was felt, by the con- vention which framed the constitution, as one of the most delicate and dii. v'lit tasks which they had to perform. Those great men were well read in history, both ancient and modern, :ind knew that the im|)eachi!ig power — tlie usual mode for trying political nien for political of- fences — was often an I'ngine for tlie gratitlcatiun of factious and ambitious fielings. An impiach- nient was well known to be the beaten mad for runnuig dt)wn a hated t)r successful jiolitical rival. Alter great deliber:.tion — after weighing all the tribunj'.ls, ev.Mi that of the Supreme Court — the Senate of the United States was fixed upon as tlie body wiiich, from its constitu- tion, would Ih' (he most unpartnil, neutral, and e(piitable, that could be selected, and, with tlio check of a previous in(|uisilion, and present- ment of charges by the llouso of Represeuta' ANNO 1834 ANDREW JACKSON, PRESIDENT. 431 restored by law, nor law. It was to con- ting tlio constitution these infractions aro ;, but avenpcd by trial y nature of the rcso- gn to all legiflitiim; thing*, for it is noc I of the House of Uep- n into law, nor is it in to a connnittee to J to it. No s'lch in- DC added without ooni- the most ridiculous other resolution, with confounded, and ujion connnittee niinlit have the resolution which reasons for ninoving ticieut and iinsatisfiic- :tion has Ik-i-u iiottoiu- ion ; so tliat it is evi- ' any kind was inti-nded m. even that to wiiich leen appropriate, much d have been an nbsunl- L'lapsetl since the reso- In all that time, there I found a lepslative act d it is too late now to ch. in its nature and i;i i-rn to legislation, is a led by the !?cii:-.ie in its io ! Th's resolution is pronounced upon an le decUired sense of a the guilt of the Tresi- misdemeanor. It is, ment — an impeachment ms prescribed by tlie of the privileges of lives — in subversion of id the record of which om the Journal of the ction of a tribunal for s was felt, by the con- ic constitution, as one dii. ."dt tasks which 'hose great men were 1 ancient and modern, ching power — the usual d nien for political of- fiiie for the gratification feelings. An imptach- be tlie beaten road for or successful jwlitical iv.tion— after weighing that of the .^upreiiio he L'niU'd States was iiich, from its constitu- inipartial, neutral, and selectetl, anil, with the juisition, and present- House of Kci»ri«cuta' \v tives, would be the safest tribunal to which could be conflded a power so great in itself, and so susceptible of lieing abused. The Senate was selected ; and to show that he had r.ot over- stated the difficulties of the convention in making ♦he selection, he would take leave to read a pas- sage from a work which wa.s canonical on tiiis Bubject, and from an p.rticle in that work which was written by the gentleman whose authority would have most weight on this occasion. lie spoke of the Fcem>elves. Tiie dilHculty of ]ilacing it rightly in a govern- ment resting entirely on the biLsis of jieriodical elections, will as readily bo jierceived, when it i.s considered that the most conspicuous charac- ters in it will, from that circunisiance, be too often the leaders or the tools of the most cun- ning or the most numerous faction ; and, on this account, can hardly be ex|)ected to |)Ossess the requisite neutrality towards those who.sc con- duct may bo the subject of scrutiny. " ' Tiie division of the powers of impeachment between the two branches of the legislature, as- sijjning to one the right of accusing, to (he other tiie right of trying, avoids the inconvenienec of iiiiiking the same |R>rsnn both accusers and judges; and guards against tlie danger of per- secution from tlie jtrevaleiicy of a facliou.s spirit iu either of those branches.' '"Mr. n. saitl there was much niatier ft)r elu- cidation of tlie ju'esent object of discussion in the extract which he had reail. Its definition of an iinpiaehable olienee covered the indent ical diarge which was contained in the resolution ailopied by the Senate agiunst (he I'resident. The offence charged upon liim possesj^ed every feature of the impeachment defined by Ueueral Hamilton. It imputes misconduct to a public man, for the abuse and violation of a public trust. The discussion of the charge has agitated the passions of the whole comnnmity ; it has divided the people into parties, some friendly, some inimical, to the accused ; it has connectea itself with the pre-existing parties, enlisting the whole of the opposition par(ies under one ban- ner, and calling forth all their animosities — all their partialities — all their influence — all their interest ; and, what was not foreseen by fJenc- ral Hamilton, it has called forth the tremendous moneyed jiower, and the pervading organization of a great moneyed power, wielding a mass of forty millions of money, and sixty millions of debt ; wielding the whole in aid and support ot this charge upon the President, and working the double battery of se country. Such an .issertion, if ventui-ed uprm by any one, would stand contradicted by facts, of which Europe and America are witnesses. Does he not stand between the country and tlio bank ? Is he not proclaimed the sole obstacle to the recharter of the bank ; and in its rechartcr is there not wrapped up the destinies of a poli- tical party, now panting for power ? Koniuve this sole obstacle — annihilate its influence — kill ott' President Jackson with a sentence of con- demnation for a high crime and misdemeanor, and the charter of the bank will be renewed, and in its renewal, a political party, now thundering at the gates of the capitol, will leap into power. Here then is an object for desiring the extinction of the political influence of President Jaclvson! An object large enough to be seen l)y all Ameri- ca ! and attractive enough to enlist the combined interest of a great moneyed power, and of a great political party." Thus spoke Mr. Benton ; but the debate on the protest went on ; and the motion of Mr. Poindexter, digested into four difl'erent propo- sitions, after undergoing rcj)eatcd modification.'! upon consultations among its friend?, and after niuch acrimony on both sides, was adopted by the fixed majority of twenty-seven. In voting that the urotest was a breach of the privilepcs ANNO 1834. ANDREW JACKSON, PRESIDE;>T. 433 it to removal and die- ice of the sentence is . If this condempution «en pronotinccd in the itration, and the people 1 and justice of the scn- nt Jackson would not ;cond time; and every val, or a political party, his removal fr m office, office, would l.uvc liecn ification for office — loss cal death— 'S now the hip; and al. this can be brmal, as well as by a the sentence is only con- If the people believed violated the constitution to be the object of their fidence ; he loses their :al death ; and that this if the resolution, Mr. B. Brmination of those wIki les which w re delivered isure, and which would d lasting monument of the resolution was pre- intended to be accom- say there could be no annihilating the political Jackson, and killing liim h a senatorial conviction and constitution of tiio rtion, if vcntuivd upim id contradicted by facts, America are witness(>i. veen the country aiidtlio aimed the sole obstacle ;uik ; and in its rechartcr the destinies of a poli- ^ for power? Reninvo lilate its influence— kill vith a sentence of con- crime and misdemeaimr, )ank will be renewed, and ;al party, now thundering itol, will leap into powir. for desiring the extiuctitm ;e of President Jackson ! i to be seen by all Anieri- igh to enlist the combined '■ed power, And of a great nton ; but the debate on and the motion of Mr. to four diflerent propo- ig re|)eatcd modifications ong its friendp, and after ,h sides, was adopted by wenty-scveii. In voting breach of the privilepcs of the Senate, that body virtually affirmed the impeachment character of the condemnatory resolutions, and involved itself in the predica • ment of voting an impeachable matter withou t observing a single rule for the conduct of un- pcachme>;ts. The protest placed it in a dilemma. It averred the Senate's judgment to bo without authority — without any warrant in the consti- tution — any right in the body to pronounce it. To receive that protest, and enter it on the journal, was to record a strong evidence against themselves; to reject it as a breach of pri- vilege was to claim for their proceeding the immunity of a regular and constitutional act ; and as the proceeding was on criminal matter, amounting to a high crime and misdemeanor, on which matter the Senate could only act in its judicial capacity ; therefore it had to claim the immunity that would belong to it in that capacity ; and assume a violation of privilege. Certainly if the Senate had tried an impeach- ment in due form, the protest, impeaching its justice, might have been a breach of privilege ; but the Senate had no privilege to vote an im- peachable matter without a regular impeach- ment ; and therefore it was no breach of privilege to impugn the act which they had no privilege to commit CHAPTER CIV. 1I& WKBSTEB'S FLAM OF BELIEF. It has already been seen tliat Mr. Webster took DO direct part in promoting the adoption of the resolutions against General Jackson. He had no private grief to incite him against the Presi- dent; and, as first drawn up, it would have been impossible for him, honored with the titles of "expounder and defender of the constitu- tion," to have supported the resolve : bearing plainly on its face impeachable matter. After several modifications, he voted for it ; but, from the beginning, he had his own plan in view, which was entirely diflerent from un attack un the President ; and solely looked to the advan- tage of the bank, and the rt'ief of the di.stnss, in ti practical and parliamentary mode of legis- lation. He looked to a ivnewal of the bank charter for a short term, and with such moditi- Vol. I.— 23 cations as would tend to disarm opposition, and to conciliate favor for it. The term of the re- newal was ou\y to be for six years : a length of time well chosen ; because, from the shortness of the period, it would have an attraction for all that class of members — always more or less numerous in every assembly — who, in every dif- ficulty, are disposed to temporize and compro- mise ; while, to the bank, in carrying its exist- ence beyond the presidential term of General Jackson, it felt secure in the future acquisition of a full term. Besides the attraction in the short period, Mr. Webster proposed another amelioration, calculated to have serious effect ; it was to give up the exclusive or monopoly feature in the charter — leaving to Congress to grant any other charter, in the mean time, to a new company, if it pleased. The objectionable branch bank currency of petty drafts was also given up. Besides this, and as an understand- ing that the corporation would not attempt to obtain a further existence beyond the six years, the directors were to be at liberty to begin to return the capital to the stockholders at any time within the period of three years, be- fore the expiration of the six renewed years The deposits were not to be restoretl until oftei the first day of July ; and, as an agreeable con- cession to the enemies of small paper currency, the bank was to issue, or use, no note under the amount of twenty dollars. He had drawn up a bill with these provisions, and asked leave to bring it in; and, askmg the leave, made a very plausible business speech in its favor : the best perhaps that could have beeu devised. In addi- tion to his own weight, and the recommenda- tions in the bill, it was understood to be the preference of Mr. Biddle himself— his own choice of remedies in the difliculties which surrounded his institution. But he met opposition from quarters not to be exiKJCted: from Mr. Clay, who wei>t for the full term of twenty years ; and Mr. Calhoun, who went fur twelve. It was dif- ficult to comprehend why these two gentlemen should wish to procure for the bank more than it asked, and which it was manifestly impossible for It to gain. Mr. Webster's bill was the only one that stood the leiist chance of getting through the two Houses; and on that point he hud private assurances of support from frieivds of the administration, if all the friends of the' bank stood firm In favoring this charter for- 434 THIRTY YEARS' VIEW. life. i\ twelve years, Mr. Cnlhotin felt that an explana- tion of his conduct was duo to tho public, as he was well known to have beon opposed to the renewed charter, when so vehemently attempt- ed, in 1832 ; and also against banks generally. His explanation was, that he considered it a currency question, and a question between the national and local banks ; and that the renewed charter was to operate against them ; and, in winding itself up, was to cease for ever, having first established a safe currency. His frequent expression wr.s, that his plan was to " unbank the banks : " a process not very intelligibly ex- plained at the time, and on which he should be allowed to s[)cak for himself. Some passages are, therefore, given from his speech : " After a full survey of the whole subject, I can see no means of extricating the country fi-om its present danper, and to arrest its fur- ther increase, but a bank, the agency of which, in some form, or imder some authority, is indis- pensable. Till' country has been brought into the present diseased state of the currency by banks, and must be extricated by their agency. We must, in a word, use a bank to unbank the banks, to tlic extent that may be necessary to restore a safe and stable currency — just as we apply snow to a frozen limb, in order to restore vitality and circulation, or hold up a bum to the flame to extract the inflammation. All must see tli.-it it is impossible to suppress the bank- ing system at once. It must continue for a time. Its presitest enemies, and the advocates of an exclusive specie circulation, must make it a part of their system to tolerate the banks for a longer jr a shorter jjeriod. To suppress them at once, would, if it wore possible, work a greater revolu- tion : a greater change in the relative condition of the various classes of the community than wouW the coiKjiiest of the coimtry by a savage enemy. What, then, must be done ? I answer, a new and safe system must gradually grow np under, and replace, the old ; imitating, in this respect, the beautiful process which we some- times see, of a wounded or di.sea.scd part in a living organic body, gradually superseded by the healing process of nature. " IIow is this to be efl'ectcd ? IIow is a bank to be used as the means of correcting the excess of the banking systc.j ? And what bank is to be selected as the agent to elfect this salutary change ? 1 know, said Mr. C, that a diversity of opinion will be found to exist, as to the agent to bo selected, among those who agree on every other point, and who, in particular, agree on the necessity of using some bank as the means of eifeoting the olyect intended ; one preferring a simple recharter of the existing bank — another, the cliarter of a new biuik of the United States — a third, u new bank ingrafted upon the old — i and a fourth, the use of tho State banks, as the agent. I wish, said Mr. C, to leave all these as open qnestions, to bo carefully surveyed and compared with each other, calmly and dispas- sionately, without prejudice or party feeling ; and that to be selected which, on tho whole, nhall appear to bo best — the most safe; the mo.'it efficient ; the most prompt in application, and the least liable to constitutional objection. It would, however, bo wanting in candor on my part, not to declare that my impression is, that a new Bank of tho United States, ingrafted upon the old, will be found, under all the circum- stances of the case, to combine the greatest ad- vantages, and to be liable to the fewest objec- tions ; but this impression is not so firmly fixed as to be inconsistent with a calm review of the whole ground, or to prevent my yielding to the conviction of reason, should the result of such review prove that any other is preferable. Among its peculiar recommendations, may be ranked the consideration, that, while it would afford the means of a prompt and cfiectual ap- plication for mitigating and finally removing the existing distress, it would, at the same time, open to the whole community a fair opportu- nity of participation in the advantages of the institution, be they what they may. "Let us then suppose (in order to illustrate and not to indicate a perference) that tho pre- sent bank be selected as the agent to effect the intended object. What provisions will be necessary ? I will suggest those that have oc- curred to me, mainly, however, with a view of exciting the reflection of those much more fa- miliar with bankingoperations than myself, and who, of course, are more competent to form a correct judgment on their practical effect. " Let, then, the bank charter be renewed for twelve years after the expiration of the present term, with such modifications and limitations as may be judged proper, and that after that period, it shall issue no notes under ten dollars ; that government shall not receive in its dues any sum less than ten dollars, except in the legal coins of the United States ; that it shall not receive in its dues the notes of any bank that issues notes of a denomination less than ffvc dollars; and that the United States Bank shall not receive in payment, or on deposit, the notes of any bank whose notes are not receiv- able in dues of the government ; nor tho notes (»fany bank which nuiy receive the notes of any bank whose notes are not receivable by the gov- ernment. At the expinition of six years from the commencement of the renewed charter, let tho bank be prohibited from issuing any note un- der twenty dollars, and let no sum tnider tliat amount be received in the dues of the jiovern- ment, except in specie ; and let the value of gold Ih? raised at least equal to that of silver, to take eUect immediately, so that the country may l»e replenished with the coin, the lightest anil the most portable in proportion to its value, to take the place of the receding bank not«B. ANNO 1834. ANDREW JACKSON, PRESIDENT. 439 )f the State banks, as the r. C, to leave all these as ( carefully surveyed and other, calmly and dispas- udice or party feeling ; and hich, on the whole, shall he most safo; the most •ompt in application, and Htitutional objection, it anting in candor on my at my impression is, that tod States, ingrafted upon i. under all the circum- combine the greatest ad- able to the fewest objec- sion is not so firmly iixed rith a calm review of the •event my yielding to the hould the result of such iny other is preferable, ecommcndations, may be ion, that, while it would prompt and effectual ap- and finally removing the ould, at the same time mmunity a fair opportu- n the advantages of the lat they may. se (in order to illustrate 3erference) that the pro- is the agent to effect the hat provisions will be rpcst those that liavc oc- however, with a view of of those much more fa- lerations than myself, and )re competent to form a leir practical effect. ; charter be renewed for expiration of the present cations and limitations as ind that after that period, under ten dollars ; that receive in its dues any ars, except in the legal tatcs; that it shall not ! notes of any bank that mination less than fire ic I'nitcd States Bank rment, or on deposit, the me notes are not receiv- ernuK'nt ; nor the notes ' receive the notes of any ot receivable by the gov- tion of eix years from the renewed charter, let the in issuing any note un- I let no siitu under that the (lues of the ^ovem- ; an ministration, to support his plan. He said : "If I understand their views, as expressed by the senator from Missouri, behind me fMr. Benton) — the senator from New-York (Mr. Wright) ; and other distinguished members of the party, and the views of the President, as expressed in reported conversations, 1 see not how they can reject the measure (to wit : his plan). They profess to be the advocates of a metallic currency. I propose to icstore it by the most efiectual measures that can be devised ; gradually and slowly, and to the extent that experience may show that it can be done con- sistently with due regard to the public interest. Further, no one can desire to go." The reference here made by Mr. Calhoun to the views of the senator from Missouri was to '^onrorsations held between them; in which each frcr-Iy communicated his own plan. Mr. Benton had not then brought forward his pro- position for the revival of the gold currency ; but did so, (in a speech which he had studied), the moment Mr. Calhoun concluded. That was a thing understood between them. Mr. Cal- houn had signified his wish to speak first ; to which Mr. Benton readily assented : and both took the opportunity presented by Mr. Web- ster's motion, and the presentation of his plan, to present their own respectively. Mr. Benton presented his the moment Mr. Calhoun sat down, in a much considered speech, which will be given in the next chapter ; and which was the first of his formal speeches in favor of re- viving the gold currency. In the mean time, Mr. Webster's plan lingered on the motion for leave to bring in his bill. That leave was not granted. Things took a strange turn. The friends of the bank refused in a body to give Mr. Webster the leave asked: the enemies of the bank were in favor of giving him the leave — chiefiy, perhaps, because his friends refused it. In this state of contrariety among his friends, Mr. Webster moved to lay his own motion on the table ; and Mr. Forsyth, to show that this balk came from his own side of the chamber, asked the yeas and nays ; which were granted and were as follows : '* Yeas. — Messrs Black, Calhoun, Clay, Clay- ton, Ewing, Frelinghuysen, Hendricks, King of Georgia, Mangum, Moore, Naudain, Poindex- ter, Porter, Prentiss, Preston, liobbins, Sil» It i< fl if, V' m I: F4 ^ ^ 'i»;is - 436 THIRTY YEARS' VIEW. bee, Smith, Southard, Sprague, Swift, Tomlin- Bon, Waggaman, Webster. "Nays. — MesBrs. Benton, Brown, Forsyth, Grundy, Hill, Kane, King of Alabama, Morris, [Robinson, Shepley, Tallmadge, Tipton, White, Wilkins, WrigW' The excuse for the movement — for this un- expected termination to Mr. Webster's motion —was that the Senate might proceed with Mr. Clay's resolution against General Jackson, and come to a conclusion upon it. It was now time for that conclusion. It was near the last of March, and the Virginia elections came on in April : but the real cause for Mr. Webster's motion was the settled opposition of his political friends to his plan ; and that was proved by its subse- quent fate. In his motion to lay his application on the table, he treated it as a temporary dis- position of it — the application to be renewed •t some future time : which it never was. CHAPTER CV. BEVIVAL OP THE GOLD CURRENCY-MR BEN- TON'S SPEECU. Mr. Benton said it was now six years since he had begun to oppose the renewal of the charter of this bank, but he bad not, until the present moment, found a suitable occasion for showing the people the kind of currency which they were entitled to possess, f.nd probably would possess, on the dissolution of the Bank of the United States. This was a view of the subject which many wished to see, and which he felt bound to give ; and which he should proceed to priisent, with all the brevity and perspicuity of which he was master. 1. In the first place, he was one of those who believed that the government of the United States was intended to be a hard money govern- ment : that it was the intention, and the decla- ration of the constitution of the United States, that the federal currency should consist of gold and silver ; and that there is no power in Con- gress to issue, or to authorize any company of individuals to issue, any species of federal paper currency whatsoever. £very clause in the constitution, said Mr. B., irhich bears upon the subject of money — every early statute of Congress which interprets the meaning of these clauses — and every historic recollection which refers to them, go hand in hand, in giving to that instrument the meaning which this proposition ascribes to it. The power granted to Congress to coin money is an authority to stamp metallic money, and is not an authority for emitting slips of paper contain- ing promises to pay money. The authority granted to Congress to regulate the value of coin, is an authority to regulate the value of the metallic money, not of paper. The prohibition upon the States against making any thing but gold and silver a legal tender, is a moral pro- hibition, founded in virtue and honesty, and is just as binding upon the federal government as upon the State governments ; and that without a written prohibition ; for the difference in the nature of the two governments is such, that the States may do all things which they \\rc not forbid to do ; and the federal governme nt can do nothing which it is not authorized by the constitution to do. The power to punish the crime of counterfeiting is limited to the current coin of the United States, and to the securities of the Ui)ited Staiea ; and cannot be extended to the offenc? of forging paper money, but by that unjustifiable power of construction which founds an implication upon an implication, and hangs one implied power upon another. T)ie word currency :s not in the constitution, nor any word which can be made to cover a circu- lation of bank notes. Gold and silver is the only thing recognized for money. It is the money, and the only money, of the constitution ; and every historic recollection, as well as every phrase in the constitution, and every early stii- tute on the subject of money, confirms that idea. People were sick of paper money about the time that this constitution was formed. The Congress of the confederation, in the time of the Revolution, had issued a currency of pajier money. It had run the full career of that cur- rency. The wreck of two hundred millions of paper dollars lay upon the land. The framers uf that constitution worked in the midst of that wreck. They saw the havoc which paper money had made upon the fortunes of individu- als, and the morals of the public. They deter mined to have no more federal paper money. They created a hard money government ; they intended the new government to recognize no- ANNO 1834. ANDREW JACKSON, PRESIDENT. 437 ress which interprets the uses — and every historic fers to them, go hand in t instrument the meaning on ascribes to it. The igress to coin money is an Btallic money, and is not ing slips of paper contain- money. The authority to regulate the value of 9 regulate the value of tho f paper. The prohibition ist making any thing but al tender, is a moral pro- irtue and honesty, and ig the federal government as imcnts ; and that without 1 for the diiference in the crnroents is such, that the lings which they tvre not e federal government can is not authorized by the "he power to punish the ; is limited to the current ites, and to the securities ; and cannot be extended ing paper money, but by er of construction which upon an implication, and wer upon another. The in the constitution, nor e made to cover a circu- Gold and silver is the 1 for money. It is the oney, of the constitution ; )llection, as well as every Lion, and every early stii- of money, conflrms that jk of paper money about onstitution was formed, onfederation, in the time issued a currency of pa|«r le full career of that cur- two hundred millions of tho land. The framcrs rvorked in the midst of r the havoc which paper the fortunes of individu- the public. They deter re federal paper money, loncy government ; they mmcnt to recognize no- thing for money but gold and silver ; and every word admitted into tho constitution, upon the subject of money, defines and establishes that sacred intention. legislative enactment, continued Mr. B., came quickly to tho aid of constitutional intention and t'.istoric recollection. The f\flh statute passed at the first session of the '!irst Congress that ever sat under thr present constitution, vfo-s full and explicit on this beau, it defined the l(ind of money which tho federal treasury should receive. The enactments of the statute are ren\arkable for their brevity and compre- hension, as well as for their clear interpretation of the constitution ; and deserve to be repeated and remembered. They are : That the fees and duties payable to the federal government shall be received in gold and silver coin only ; tho gold coins of Franco, Spain, Portugal, and Eng- land, and all other gold coins of equal fmeness, at eighty-nine cents for every pennyweight; the Mexican dollar at one hundred cents ; the crown of France at one hundred and eleven cents ; and all other silver coins of equal fine- ness, at one !iundred and eleven cents per ounce. Thl;; ;.Uiiute was passed the 30th day of July, 1789— just one month after Congress had com- menced the work of legislation. It shows the sense of the Congress comftosed of the men, iu great part, who had framed the constitution, and who, by using the word only, clearly expressed their intention that gold and silver alone was to constitute the currency of tho new govern- ment. In support of this construction of the consti- tion, Mr. B. referred to the phrase so often used by our most aged and eminent statesmen, that this was intended to be a hard mon'^y govern- ment. Yes, said Mr. B., tho framers of the constitution were hard money men ; but the chief expounder and executor of that constitu- tion was not a hard money man, but a paiwr system man ! a man devoted to tho paper system jf Fingland. with all the firmness of conviction, and all tho fervor of enthusiasm. God forbid, said Mr. B., that I should do injustice to Gen. Hamilton — that I should say, or insinuate, aught to derogate from the just fume of that great man ! He has many titles to the gratitude and admiration of his countrymen, and the heart could not be American which could dishonor or disparr^ge his memory. But his ideas of govern- ment did not receive the sanction of general approbation ; and of all his political tenets, his attachment to the paper system was most strongly opposed at the time, and has produced the most lasting and deplorable results upon the country. In the year 1791, this great man, then Secretary of the Treasury, brought forward his celebrated plan for the support of public credit — that plan which unfolded the entire scheme of the paper system, and immediately developed the grettt political line between the federalists and the republicans. The establish- ment of a national bank was the leading and pre- dominant feature of that plan ; and the original report of the Secretary, in favor of establisiiing the bank, contained this f^tol and deplorable recommendation : " The bills and notes of the bank, originally made payable, or which shall have become pay- able, on demand, in gold and silver coin, shall be receivable in all payments to the United SUtes." This fatal recommendation beoime a clause in the charter of the bank. It was transferred from the rep'jrt of the Secretary to the jHiges of the statute book ; and from that moment the moneyed character of the federal government stood changed and reversed. Federal bank notes took the place of hard money ; and the whole edifice of the new government slid, at once, from the solid rock of gold and silver money, on which its framers had placed it, into the troubled and tempestuous ocean of a paper currency. Mr. B. said it was no answer to this most serious charge of having changed tho moneyed character of the federal government, and of the whole Union, to say that the notes of the Bank of the United States are not made a legal tender between man and man. There was no necessity, he said, for a statute law to that ciTect ; it was sufficient that they were made a le;;ral tender to the federal government ; the law of necessity, far superior to that of the statute book, would do the rest. A law of tender was not necessary ; a forced, incidental tender, resulted as an inevi- table consequence from the credit and circulation which the federal government gave them. What- ever was received at the custom-houses, at the land-offices, at the post-offices, at the marshals' and district attorneys' offices, and iu all the variouii dues to the federal government, must be rooeivel and will be received by tho people. It 438 TIIPRTY YEARS' VIEW, becomes the actual nntl practical currency of thp land. People must take it, or got nothing ; and thus the federal goTcmment, establishing a paper curroncy for itself, establishes it also for the Stat»!B and for the pco[)le ; and every body must use iw from necessity, whether compelled by law or noi. Mr. B. said it was not to bo supposed that the objection which he now took to the uncon- stitutionality of the clause which mar'o tl e notes of the federal bank a legal tender to the federal government, was an objection which could be overlooked, or disregarded, by the adersaries of the bank in 1791. I raa no'; < irIo< ked, or d'.sregprdeu ; > .. v. iccn- '.yi'. .,.s»i..".v need, and combated, ab in itseil i\ w'f-»r;it-j and dis- tinct breach ot the con- itUii'VM,iroii"^ rhe whole length of emitting paper mont> ; and • ) -lore odious and reprehensible because a privileged company was to have the monopoly of the emis- sion. The genius of Hamilton wa.s put in re- quisition to answer this objection ; and the best answer which that great man could give it, was a confession of the omnipotence of the objection, and the total impossibility of doing it away. His answer surrendered the whole question of a currency. It sunk the notes of the bank, which were then to be tendered to the federal govern- ment, to the condition of supplies furnished to the giivernment, and to be consumed by it. The answ r took refuge under the natural power, inde /.' ndent of all constitutions, for the tax re- oeiviT to receive his taxes in what articles he pleaded. To do justice to General Hamilton, and f> detect and expose the tnic character of this baiik paper, Mr. B. read a clause from Gen. Hamilton's reply to the cabinet opinions of Mr. Jefferson, and the Attorney General Randolph, when President Washington had the charter of the first bank under advisement with his Sec- retaries. It was the clause in which General Hamilton replied to the objection to the con- stitutionality of making the notes of thi bank receivable in payment of public dues. " To designate or appoint the money or thing in which taxes are to be paid, is not only a proper, but a necessary exercise of the power of collecting them. Accordingly, Congress, in the law con- cerning the colled ion of the duties, imposts, and tonnage, has pinvided that they shall be pay- able in gold and silver. But, while it was an indibQcnsablo part of the work to say in what they should b" paid, the choice of the snecifio thing was ft mere matter of discretion. The payment might have been required in the com- modities themselves. Taxes in kind, however ill judged, are not without precedents, even in the United States ; or it might have been in the paper money of the several States j or in the hijlii of the Bank of North America, New-York, and Massachusetts, all, or either of tliem ; it 'night have been in bills issued under the authority of the United States. No part of this, it is pre- sumed, can be disputed. The appointmiiit of the money or thing in wh-ch the tnx«.' an. tc be pai 1, is an incident ol' the power of collection. And among ihe expedients which may be adopt- ed, is that of bills issued under the authority of the Unii.cd States." Mr. B. would read no further, although the argument of General Ham- ilton extended through several pages. The nature of the argument is fully disclosed in what is read. It surrenders the whole question of a paper currency. Neither the power to furnish u currency, or to regulate currency, is pretended to be claimed. The notes of the new bank arc put upon the footing, not of money, but of conuno- dities — things — articles in kind — which the tax receiver may accept from the tax payer ; and which are to bo used and consumed by the tux receiver, and not to be returned to the people, much less to be diffused over the country in place of money. This is the original idea and conception of these notes. It is the idea under which they obtained the legal capacity of receiv- aoility in payment of public dues ; and from this humble conception, this degraded a.ssimila- tion to corn and grain, to clothes and provisions, they have, by virtue of that clause in the char- ter, crept up to the character of money — become the real, practical currency of the land — diiven the currency of the constitution from the land — and so depraved the public intellect as now to be called for as money, and proclaimed to be indispensable to the country, when the author of the bank could not rank it higher than an ex- pedient for paying a tax. 2. In the next place, Mr. B. believed that the quantity of specie derivable from foreign com- merce, added to the quantity of gold derivable from our own mines, were fully sufficient, if not expelled from the coimtry by unwise laws, to furnish the people with an abcuidant circulatiou of gold and silver coin, for their common cur* the choice of the soecifio natter of discretion. The jeen required in the coin- Taxes in kind, however thout precedents, even in it might have been in tlio reral Statea ; or in tlie billa 1 America, New-York, and either of tlicm ; it 'night ed under the authority of 'fo part of this, it is pre- ed. The appointmint of vvh'ch the *«\i.' ..u tcbe the power of collection, lents which may be adopt- ^ued under the authority ' Mr. B. would read no irgumcnt of General Ham- gh several pages. The t is fully disclosed in what i the whole question of a ler the power to furnish u B currency, is pretended to 8 of the new bank are put )f money, but of coniino- sin kind — which the tax rom the tax payer ; and find consumed by Ihe tax 3 returned to the people, sed over the country in I is the original idea and tes. It is the idea under le legal capacity of receiv- ' public dues ; and from 1, this degraded assiniila- to clothes and provisions, f that clause iu the char- racter of money — become ency of the land — driven nstitution from the land ) public intellect as now ey, and proclaimed to be luntiy, when the author ank it higher than an cx- X. Mr. B. believed that the vable from foreign coni- lantity of gold derivable ere fully sufficient, if not ntry by unwise laws, to I an abundant circulaliou 1, for their common cur* ANNO 1834. ANDUEW JACKSON, rRESIDENT. 439 rency, without having recourse to a circulation of smail Lank notes. Tiie truth of these propositions, Mr. B. held to be susceptible of complete and ready proof. He spoke first of the domestic supply of native gci'^ and said that no mincj had ever develo|M,'d more rapidly than those hu.. done, or promised more abundantly than they now whole business of the world. He said ti. r si ^ r,nd empires — far greater in wealth md p«i; • ition than any now existing — far sup' v;,^ \v p loMcand private magnificence — had r. . . d i all the business of private life, and all the ai ' .^ of national govern- ment, upon gold an ' silver alone ; aiid that be- fore the mines of ! i lo id Peru were known, or dreamed of. lie »ilutonishey a given day ! — in tliut France whicli. for so ninny years, had seen nofliin^r l>ut a miserable curivncy of depreciated mandats nnd nssign.ats ! The nnnini- ciation wns heard witli the inwnrd a)ntempt, and open di-trnst, wliich the whole tribe of hnck politician8 every where feel for the statesman- ship of military men. It was followed by the Ruccess which it belonfrs to genius to inspire nnd to command. Specie payments c<>mmcncetnin an adcfpinte metallic cur- rency. The present moment is peculiarly fa- vorable for these measures. Foreign exchange* arc now in our favor; silver is coming here, al- though not current by our laws ; both gold and r-ilver would flow in, and that immediately, to an inmicnsc amount, if raised to their proper value, and put on a projwr footing, by ojir laws. Three days' legislation on these subjects would turn copious supplies of gold and silver into the country, diffuse them through every neighbor- hood, and astonish gentlemen when they get h(jmu at midsummer, at finding hard money where they had lefl paper. 3. In the third place, Mr. B. undertook to affirm, as a proposition free from dispute or con- testation, that the value now set upon gold, by the laws of the United States, was unjust and erroneous; that these laws lind expelled gold from circulation ; and that it was the bounueu duty of Congress to restore that coin to circula- tion, by restoring it to its just value. That gold was undervalued by the laws of the United States, and expellcl from circulation, was a fact, Mr. B. said, which every body knew ; but there was something else which every hotly did not know ; which few, in reality, had an opjwr- tunity of knowing, but which wns necessary to be known, to enable the friends of gold to go to work at the right place to elfect the recovery of that precious metal which their fathers once possessed — which the subjects of Euroix'nn kings now possess — which the citizens of the young republics to the South all possess — which even the free negroes of San Domingo possess — but which the 3"eomnnry of this America have been deprived of for more than twenty years, and will be deprived of for ever, unless they discover the cause of the evil, and apply the remedy to its root. I have already shown, said Mr. B., that the plan for the support of public credit which Gene- ral Hamilton brought forward, in 1701, was a plan for the establishment of the paper system in our America. We had at that time a gold currency which was circulating freely and fully all over the country. Gold is the antagonist of paper, and, with fair play, will keep a paper cur- rency within just and proper limits. It will ANNO 1884. ANDREW JACKSON, PRESIDENT. 441 tlie cnrrcct'uiii f)f the ei». tlic liiH.-nil iKlinifRton of iippri'foinii of Hniiill notes in ailc(|iiati> mctiillic cur- nioment Ih peculiarly fa- iircs. Fonifm cxchaiigcn silver is coming; here, al- oiir law.s ; both gold and ind that immediately, to if raised to their proper ifjcr footing, by our laws, on these Biibjccts would f gold and silver into the through every ncighbor- ntlemcn when they get at finding hard money per. ce, Mr, B, undertook to free from dispute or con- now set upon gold, by [ States, was unjust and laws hnd expelled gold that it wa.s the bounia-u itorc that coin to circula- its just value, valued by the laws of the lied from circulutiou, was 1 every body knew ; but sc which every body did in reality, hud an opjwr- whirh was necessary to friends of gold to go to ;c to effect tlie recovery which their fathers once bjects of Euro|K'an kings e citizens of the young all possess — which even Domingo possess — but this America have been ban twenty years, and rer, unless they «li.scoM'X jd apply the remedy to kcop down tho small notes; for, no man will carry a five, » ten, or a hvenfy dollar note in his |)ocket, when he can get guineas, eagles, half ragU'H, (loublooas, and half joes to carry in their place. The cctes of the new Hank of the United .States, which bank formed tho leading feature ill the plan for the support of public credit, had already derived one undue advantage over gold, in being put on n level with it in point of legal tender to the federal government, and universal ri'ceivability In all payments to that government: llicy were now to derive another, and a still greater undue advantage over gold, in the law for the establishment of the national mint ; an in- gtitution which also formed a feature oi the plan for the support uf public credit. It is to that plan that wo trace the origin of tho erroneous valuation of gold, which has banished that metal from the country. Mr. Secretary Hamilton, in his proposition for tho establishment of a mint, recommended that the relative value of gold to silver should be fixed at fifteen for one ; and that recommendation became the law of the land ; and ha.s remained so ever since. At the same time, tho relative value of these metals in Spain and Portugal, and throughout their vast domin- ions in tho new world, whence our principal supplies of gold were derived, was at tho rate of sixteen for one ; thus making our standard six per cent, below the standard of the countries which chietly produced gold. It was also below the English standard, and the French standard, and below the standard which prevailed in these States, before the adoption of the constitution, and which was actually prevailing in the States, ot the time that this new proportion of fifteen to one was established. I^Ir. B. was ready to admit that there was some ni' \' requisite in adjusting the relative value of two difTerent kinds of money — gold and silver for exomple — so as to preserve an exoct equi- poise between them, and to prevent either from ex[H.>lling the other. There was some nicety, but no insuperable or even extraordinary dilH- culty, in making the adjustment. The nicety of the question was aggravated in the year '92, by the difficulty of obtaining exact knowledge of the relative value of these metals, at that time, in France and FiUgland ; and Mr. Gallatin has since shown that the information which was then relied upon was clearly erroneous. The con- Ecqucnce of any mistake in fixing our standard. was also well known in the year '92. IMr. Sec- retary Hamilton, in his pi-ofiosition for the estab- lishment of a mint, expri'ssly declared that tho consequence of a miftakc in the nliiti'" value of tho two metals, would be thu expulsion of tlie one that was undervalued. Mr. .leller^on, then Secretary of State, in his cotenijKManeous report upon foi-eign coins, declared the some thing. Mr. RoIktI Morris, (Inaucier to the revolutionary government, in his proimsal to establish a mint, in 1782, was equally explicit to the same effect. The delicacy of the question and the consequence of a mistake, were then fully understood forty years ago, when the rela- tive value of gold and silver was fixed at fifteen to one. But, at that time, it unfortunately hap- pened that tho paper system, then omnipotent in England, was making its transit to our Amer- ica ; and every thing that would go to establish that system — every thing that would go to sus- tain the new-ljorn Bank of the United States — that eldest daughter and spenx gres^itt of tho paper system in America — fell in with the pre- vailing current, and became incorporated in tho federal legislation of the day. Clold, it wa.s well known, was the antagonist of paper ; from its intrinsic vahie, the natural predilection of all mankind for it, Hs small bulk, and the facility of carrying it about, it would be preferred to pajicr, either for travelling or keeping in tho house ; and thus would limit and circumscribe the general circulation of bank notes, and pre- vent all plea of necessity for issuing smaller notes. Silver, on the contrary, from its incon- venience of transportation, would favor the cir- culation of bank notes. Hence the birth of tho doctrine, that if a mistake was to be committed, it should be on the side of silver I Mr. Secreta- ry Hamilton declares the existence of this feel- ing when, in his report upon the establishment of IV mint, he says : " It is sometimes observed, that silver ought to be encouraged, rather than gold, as being more conducive to the extension of bank circulation, from the greater difficulty and inconvenience which its greater bulk, com- porcd with its value, occasions in the transpor- tation of it." This passage in the Secretary's report, proves the existence of the feeling in fa- vor of silver against gold, and the cause of that feeling. Quotations might lie made from tho speeches of others to show that they acted upon that feeling ; but it is due to General Hamilton ^ •' 442 THIRTY YEARS' VIKW. \tm hkr -' »-\^>' to my that he disclaimed Huch a motlTo for him- Bclf, and e.x|.rosM)d a dcRiru to retain both metals in circulation, and even to have a gold dollar. The proportion of flftcen to one was estublish- cd. The 1 1 th section of the act of April, 1792, •nactee in the road to muccchm, to yield to them all the honors of fli-st i-xplor- ers ; it was due to the cause also, in this hour of final trial, to give it the high sanction of their names and labors. Mr. B. \vould arrest for an instant the current of his remarks, to fix the attention of the Se- nate upon a reflection which must suggest it- self to the minds of all considerate {icrsons. He woidd ask how it could happen that so many men, and sucli men as he had named, laboring for BO many ycors, in a cause so Just, for an ob- ject so beneficial, upcm a state of facts so unde- niable, could so long and bo uniforndy fail of success? How could this happen? Sir, ex- claimed Mr. B., it happened Iwcause the policy of the Bank of the United States required it to happen ! The same policy which required gold to be undervalued in 1792, when the first bank was chartered, has required it to Ikj undervalu- ed ever since, now that a second bank has Iwen established ; and the same strength which en- abled these banks to keep thuniselves up, also en- abled them to keep gold down. This is the answer to the question ; and this the secret of the failure of all these eminent men in tlieir laudable efforts to raise gold again to the dignity of money. This is the secret of their failure ; and this secret being now known, the road which leads to the reformation of the gold currency lies uncovered and revealed before us: it is the road which leads to the overthrow of the Bank of the United States — to the sepulchre of that institution: for, wliile iiiat bank lives, or has the hope of life, gold cannct be restored to life. Here then lies the question of the reform of the gold cur- rency. If the bank is defeated, that currency is reformed ; if the bank is victorious, gold re- mains degraded ; to continue an article of mer- chandise in the hands of the bank, and to bo expelled from circulation to make room for its five, its ten, and its twenty dollar notes. Let the people then, who arc in favor of restoring gold to circulation, go to work in the right place, and put down the power that first put down gold, and which will never suficr that coin to rise while it has power to prevent it. Mr, B. did not thick it necessary to descmt '•fi I'i ANNO 1334. ANDRE. V JACKBON, PRESIDENT. 443 I ri>caHing and prcminting men of the eniinont men iiii in the rxplnration of to thi'in, now that tho H! in tho roail to bucccmh, honoFH of flint I'xplor- caiiBo aUo, in this hour liu high sanction of their for an instant the current he attention of the Se- wliich niiiBt Buggent it- all conBidcrate iicrBons. )uld happen that ko many he hail named, laboring , cause BO JiiBt, for an ob- a Htato of fiictB HO undc- and BO uniformly fail of this happen? Sir, cx- lencd Iwcausc the policy tod States required it to licy which required gold '92, when the first bank lired it to Ihj undervalu- , a second bank has Iwen amo strength which en- 'p themselves up, also en- down. This is the answer s the secret of the failure in their laudable etTorts the dignity of money, r failure ; and this secret road which leads to the currency lies uncovered it is tho road which f the Bank of the United ire of that institution: CH, or has tho hope of orod to life. Here then reform of the gold cur- defeated, that currency c is victorious, gold re- tinue an article of mer- of tho bank, and to bo )n to make room for its enty dollar notes. Let 5 in favor of restoring to work in the right 10 power that first put will never sufTer that power to prevent it. it necessary to desomt and expatiate upon tho merits and advantages of a goiil currency. These advantages had ln-en too well known, from tho earlioMt oges of the world, to Ih< a subject of discussion in tho nine- teenth century ; but, as it was the jmlicy of the ])n|K'r system to disparage that metal, and as that system, in its forty years' reign over the Auieiiean people, had nearly destroyed a know- leilge of that currency, he would briefly enume- rate its leading and prominent advantages. 1. It had an intrinsic valuo, which gave it curren- cy all over the world, to the full amoimt i)f that value, without regard to laws or circumstances. 2. It had a uniformity of value, which made it the safest standard of tho value of property which the wisdom of man had ever yet discov- ered. 3. Its portability ; which made it easy for the traveller to carry it alraut with him. 4. Its indestructibility ; which made it the safest mo- ney that people could keep in their houses. 5. Its inherent purity ; which made it the hardest money to bo counterfeited, and tho easiest to bo detected, and, therefore, tho safest money for the people to handle. G. Its superiority over all other money ; which gave to its possessor tho choice and command of all other money. 7. Its power over exchanges ; gold being the currency which contributes most to tho equali- zation of exchange, and keeping down tho rate of exchange to the lowest and most uniform point. 8. Its power over tho paper money; gold being tho natural enemy of that system, and, with fair play, able to hold it in check. 9. It is a constitutional currency and tho peo- ple have a right to demand it, for their cur- rency, as long as the present constitution is per- mitted to exist. Mr. B. said, that the false valuation put upon gold had rendered the mint of the United States, so far as the gold coinage is concerned, a most ri- diculous and absurd institution. It has coined, and that at a large expense to the United States, 2,202,717 pieces ' gold, worth $11,852,890; and where are theit. pieces now ? Not one of them to be seen ! all sold, and exported ! and so regular is this opei ation that tho director of the mint, in his latest report to Congress, says that the now coined gold frequently re- mains in the mint, uncalled for, though ready for delivery, until the day arrives for a packet to sail to Europe. He calculates that two millions of native gold will be coined annually hereafter; the whole of which, without a reform of tho gold standard, will Ih) conducted, like exiles, from tho national mint to the sea-Hlioiv, nnd transported to foreign n I'lance the relative proportion of the tw > inetuls was ul.so below what it was in Spain, rortugal, Mexico, and South America, and sti'i a plentiful supply of gold remained in circulatiou] but thi.s resuU 444 THIRTY YFAR9' VIEW. m tA m'. :r »'»« aided by two peculiar causes ; first, the to- tal absence of ii paper ciirrency ; secondly, the proximity of Spain, and the inferiority of Spanish manufactures, which gave to France a ready and a near market for the sale of her fine fabrics, which were paid for in t!ie gold of the New World. In the United States, gold would have none of these subsidiary helps ; on the contrary it would have to contcnu with a paper currency, and would have to be obtained, the product of our own mines cxoepted, from Mexico and South America, where it is rated as sixteen to one for silver. All these circumstances, and many others, would have to be taken into consideration in fixing a standard for the United States. Mr. B. repeat- ed that there was nicety, but no difllculty, in adjusting the reUitire value of gold and silver so as to n^tr.in both !n circulation. Several nations of antiquity had don" it; soiao modern nations also. The English have both in circulation at this time. The French have both, and have had for thirty years. The States of thit Union also had both in the time of the confederation ; and retained them until this federal goveriunent was established, and the paper system adopted. Congress should not admit that it cannot do for the citizens of the United States, what so many monarchies have done for their subjects. Gentlemen, especially, who decry military chief- tains, should not confess that they them.selves cannot do for America, what a military chiePain did for France. Mr. B. .->i:.lo his acknowledgments to the great apostle of American liberty (Mr. J.-fler- 8on), for the wise, practical idea, that t'.ie value of pold was a commercial question, to lie settled by its value in other countries, ilc 'lad seen that remark in the works of that great man, and treasured it up as teaching the plain and ready way to accomplish an apparently difficult object ; and he fully concurred with the senator from South Carolina [Mr. Calhoun], that gold, in the United States, ought to be the preferred metal ; not that silver shouhl be ex|)ellcd, but both re- tained ; the mistake, of anj', to be in favor of gold, instead of being against it. IV. Mr. B. believed that it was the intention and declared meaning of the constitution, that foreign coins should pass cun-ently as money, and at their full value, within the United States; that it was the duty of Congress to j)romote the circulation of these coins by giving them their full value ; that this was the design of the States in conferring upon Congress the exclusive power of regulating the value of these coins; that a'l the laws of Congress for preventing the cirr.da- tion of foreign coins, and underrating their \ alue, were so many brt>aches of the constitution and so many mischiefs inflicted u|K)n the Stat v. ; i\nd that it was the boundcn duty of Congress tr> re- peal all such laws ; and to restore foreig'i coins to the same free and favoretl circulation which they possessed when the federal constitution was adopted. In support of the first branch of his first po- sition Mr. B. quoted the words of the constitu- tion which authorized Congress to regulate the value of foreign coins ; secondly, the clause in the constitution which authorized Congress to provide for punishing the counterfeiting of cur- rent coin, in which term, foreign coin was inclinl- ed; thirdly, the clause which prohibited tho States from making any thing but gold and sil- ver coin a tender in payment of debts ; a clauso which did not limit the prohibition to domestic coins, and therefore included fori-ign ones. These three clauses, he said, were concurrent. and put foreign coin and domestic coin u]M)n the same precise footing of equality, in every jmrti- cular which eoncerned Congress to ic counterfeiting of cur- , foreign coin was include 3 which prohibited tho Y thing but gold and sil- ment of debt-i ; a clause prohibition to domestic included foreign ones. I said, were concurivnt, I domestic coin ui>on the equality, in every jmiti- heir curient circulation, rotection from comitw- illections wero the next I. referred to sustain his fi)ix'ign coins were the le United States ot the Lion. No mint had been me. The coins of other nirreney, the exclusive h the States had use«l •volutionary War up to ederal government It then which tlu' frnmers in view when they in- the constitution wliich [1 cum>nt circulation of ) counterfeiters, and the jM)n the States with re- tenders of any thing ex- To make this point Ntill d bo made, Mr. I), ad- ites of Congress which lie had seen no less •d in the first four years ra] government, all en* act«d for the purpose of rcgulatifig tho value, protecting the purity, and promoting tho circu- lation of these coins. Not only the well-known coins of the principal nations were provided for in these statutes, but tho coins of all the nations with whom we traded, how rare or small might be the coin, or how remote or inconsiderable might be the nation. By a general provision of the act of 1789, the gold coins of all nations, which equalled those of England, France, Spain and Portugal, in fineness, were to be current at 89 cents tho pennyweight; and the silver coins of all nations, which equalled the Spanish dollar in fineness, were to be current ut 11 1 cents the ounce. I'nder these general provisiims, a great inflii:^ of the precious metals took place ; doub- loons, guineas, half joes, were the common and familiar currency of farmers and laborers, as well as of merchants and traders. Every sub- stantial citizen then kept in his house a pair of small scales to weigh gold, which are now used by his posterity to weigh physic. It is a great many years — a whole generation has grown up — since these scales weiv user. This is what we are now to see ; and to see it, wo will look at tho plan for tho support of public credit, and that feature of the plan which proposes the estab- lishment of a national mint. Mr. B. would remark, that four points were presented in this plan : 1. The eventual aboli- tion of the currency of foreign coins; 2. Tho reduction of their value while allowed to circu- late ; •). The substitution of domestic coins } and, 4. The substitution of bank notes in placo of the uncurrent and undervalued foreign coins. Such were the recommendations of Secretary Hamilton ; and legislative cnactineTi's quickly followed to convert his reconnuenilations into law. Tho only power the constitution had given to Congress over foreign coins, was a power to regulate their value, and ti» protect them from debasement by counterfeiters. It was certainly a most strangi< construction of that authority, first, to underrate the value of these coins, and next, to prohibit their circulation ! Yet both tilings were done. The mint went in- to o|KTation in 1794; fori'ign coins wen' to leaso to Ik* a legtd tender in 1797 ; but, at the end of that time, the cont'iigencies on which the Sicre- tary calculated, to enable the eouuliy to do with- out foreign coins, had not occurred; (he sub- stitutes had not ap|N>ared ; the mint had not suppUcd the ade<|u«te quantity uf domestic coii^ I! •*'l 446 •nilRTT YEARS' VIEW. If, :'Ti \ 1 w li !' t '. IN * ^H't Vf K nor had the rirciilation of bank notcn become sufficiently faniiliAr to the people to Riipersede gold. The law for the exclusion of foreif^ coins was found to l)c impracticable; and a HUflpcnsion of it for three years was enacted. At the end of tliis time the evil was found to bo as great as ever ; and a further suspension of three years was nmde. This third term of three years also rolleil over, the supply of domestic coins was still found to 1)0 inadequate, and the people con- tinue; lacking but thnr quar- ters of a million of being precisely equal to the imports ! Somt; of this coin was n'coiiied lie- t'ure it was e.\j)orted, a fodlish and expensive operation (m the part of the United States; but the greater i>art was exported in the siinie farm that it was received. Mr. 1>. had only been altle to get the exports and imports fnmi 1821 ; if ho could have obtained those of 1820, and the con- cluding part of 1819, when the prohibitory law took effect, the amount would have been about ninety-six millions of dollars ; the whole of wliieh was lost to the coiuitry by the prohibi- tory law, while nuich of it would have been saved, and retained for home circulation, if it had not been liir this law. The loss of this great sum in specie was an injury to the whole i'nion, but especially to the Western States, whose Kole resource for coin was from foreign countries; for the coinage of the mint could never How into that region ; there was nothing in the course of traile and exchanges, to carry money from the Atlantic States to the West; and the mint, if it coined thousands of millions, coifld not supply them. The taking eti'ect of tlte law in the year 1819, was an aggravation of the injury. It was the most mifoitunate and ruinous of all timeu fur driving specie from tbo ,t9i ANNO 1834. ANDREW JACKSON, PR^»^r^ENT. 447 country. The Western banks, from their ex- ertions to aid the country during the war, had stretched their isKues to the utmost limit; their notes had gone into the land offices ; the federal gOTcrnmcnt turned them over to the Bank of the United States ; and that bank de- manded specie. Thus, the necessity for specie was increased at the very moment that the sup- ply was diminished ; and the gcnernl stoppii^^; of the Western banks, was the inevitable and natural result of these combined cirtMuritancos. Having shown the great evils resu'ting to (he country from the operation of th's law, Mr. B. called upon its friends to tell .vhat reason «ould now be given for not repealing it ? He afllnned that, of the two causes to which the law owed its origin, one had failed in loti), and tlie other had succeeded to a degree to make it the curse and the nuisance of the country. One reason was to induce an adequate supply of foreign coins to lie brought to the mint, to Ihj recoin- cd; the other to facilitate the substitution of a bank note currency. The foreign coins did not go to the mint, those excepted which were im- j>orted in its own neighborhood ;ntid even these wore exporteclared to be coin ; n- as such, made receivable in payment of the s; cie proportion of the bank stock — and, worse yet! while Spanish dollars, by statute, remain tho current coin of the United States, the l)nnk admits the sale of 4,450,142 of these idcnticai Spanish milled dollar.' ! Mr. B. then took a rapid view of the present condition of the statute currency of the United States — of that currency which was a legal ten- der — that currency with which a debtor had a right by law to protect his property from execu- tion, and his body from jail, by offering it as a matter of right, to his creditor in payment of his debt. lie stated this statute currency to be: 1st. Coins from the mint of tho United Slates ; 2dly. Spanish n)illed dollars, and the parts of such dollars. This was the sum total of tho statute currency of tho United States ; for hap- pily no {taiKT of any bank. State or fet us see. CoMU'^i from t'l'j mint: not a particle of gold, nor a aingle whole dollar to be found ; very few V.!' (i lia.'N ( . ccj t In the neighl* rhood of the lai'^ tind m (h« ii^'id- of the 1^ i. \k of the United States and its brancheo ; the twenty, ten, and five cent pieces scarcely seen, except as a cu- riosity, in tho interior part* of the country. So much for the domestic coinage. Now for the Spanish milled dollars — how do they stand in the United States ? Nearly as scarce as our own dollars ; for, there has been none coined since Spain lost her dominion over her colo- nies in tho New World ; and the coinage of these colonies, now independent States, neither is in law, nor in fact, Spanish milled. That term belongs to tho coinage of the Spanish crown with a Spanish king's head upon the face of it; although the coin of the new States, the ailvor dollars of Mexico, Central America, Peru, and Chili, are superior to Spanish dollars, in value, bccatif 'hey crin^ain more pure silver, still they are not a tender ; and all the francs from France, in a word, all foreign coin except Sjjan- ish milled dollars, tho coinage of which has ceased, and the country stripped of all tliat were in it, by the Bank of the United States, are uncurrent, and illegal as tenders : so that the people of the United States are reduced to so small a list, and so small a supply of statute currency, out of which debts can legally lie paid, tliat it may be fairly assumed that tlic whole debtor part of the community lie at the mercy of their creditors, to have their bodies sent to jail, or their property sold for iiotliin;;, at any time that their creditors please. Tu such a condition are the five and high-minded inhabitants of this country reduced ! and re- duced by the power and policy of the first and second Banks of tho United States, and the controlling influence which they have exereisid over the moneyed system of the Union, from the year 1791 down t(* the present day. Mr. U. wou'id conclude what he had to say, on this head, with one remark; it was this: that while the gold and silver coin of all tlie monarchs of Europe were excluded from circu- lation in the United States, the paiier notes of their suhjects were received as current money. The Bank of the United States was, in a great degree, a foreign institution. Foreigners luM ' a great part of its stock, and may hold it all. I The pajjcr nntes issued by this institution, thus I composed in great partof tlif subjects ofEuro- ]M.'an kings, are nmde legal tenders to the fed- eral government, and thus forced into circuln- , tion among Ihe jwople j while the gold and sil ANNO 1884, ANDREW JACKSON, PRESIDENT. 449 heo ; the twenty, ten, and ct'ly seen, except u a cn- ior partB of the country, mcstic coinage. Now for )llar8— how do they stand 7 Nearly as scarce as our >re has been none coined dominion over her colo- d i and the coinage of these ulcnt States, neither is in nish milled. That term ge of the Spanish crown, I hca(] upon the face of it ; the new States, the silver L-ntral America, Peru, and i Spanish dollars, in value 1 more pure silver, still ; and all the francs from foreign coin except Span- he c(e and high-mimled ountry reduced ! and re- nd policy of the first and I'uited States, and tin- vhich they have exerciwd stem of the Union, from tt the present day. ude what he had to say, no remark ; it was this : ind silver coin of all the kvere excluded from circu- Itates, the pajter notes of ceived as current money. :ed States was, in a great itution. Foreigners luM ook, and may hold it nil. d by Ihi.s institution, tliiis t of till' subjects of Euro- legal tenders to the fed- thns forced into circula- ' ; while the gold and sil ter com of the kings to which they bclonu, is rtsjected and excluded, and expelled from th.< country ! Ho demanded if any thing couM display the vice and deformity of the paper sys- tem in a more revolting and humiliating point of view than this single fact ? V. Mr. H. expressed his satisfaction at find- ing so many points of concurrenw Iwtween his sentiments on currency, and those of the si-na- tor from South Carolina (Mr. Calhoun). Re- form of the gold currency — recovery of specie —evils of excessive banking — and the eventual suppression of smo,II notes — were all points in which they agreed, and on which ho hoped they should be found acting together when these measures should bo put to the test of leginla- tive action. He regretted that he could not concur with that senator on the great points to which all the others might be found to be subor- dinate and accesscjrittl. Ho alluded to the pro- longed existence of the Bank of the United States! and especially to the practical views which that senator had taken of the beneficial oiHjration of that institution, first, as the regu- lator of the local currencies, and next, as the supplier of a general currency to the Union. On both these points, he differed — immeasiirn- lily dilTeml— from that senator ; and dropping all other views of that bank, lie cnmc at once to the point which the senator from South Ca- rolina tnai-kee delegated to any bank. I. Tiie regulation of the currency of a nation, Mt n. said, was one of the highest and most delicate acts of sovereign power. It was pre- cisely eipiivalcnt to the power t<» create cur- rency ; lor, a power to make more or less, was, in clFect, a power to make nnich or none. It Wka the coining power ; a power that belonged Vol. I.— 29 to the sovereign ; and, where a paper currency was tolerated, the coining power was swallow- ed up and miperseded by the manufactoiy which emitted pai)er. In the present state of the cur- rency of the United States, the federal bank was the mint for issuing money ; the federal mint was a manufactory for preparng gold and silver for exiHirtation. The States, in the for- mation of the constitution, gave the coining power to Congress ; with that power, they gave authority to regulate the currency of the Union, by regulating the value of gold and silver, and preventing any thing but metallic money from being made a tender in payment of debts. It is by the exercise of these powers that the federal government is to regulate the currency of the Union ; and all the departments of thr government are reiiuired to act their parts in effecting the regulation : the Congress, as the department that passes the law ; the President, as the authority that recommends it, approves it, and sees that it is faithfully executed ; the judiciary, as standing betweeu the debtor and creditor, and |ireveuting tiio execution from be- ing discharged by any thing but gold and silver ; and that at the rate which the legislative de- partment has fixed. This is the power, and solo power, of regulating currency which the federal constitution contains; this |)ower is vesteartment of it, but in the joint action of the three de- partments ; and while this power is exercised by the government, tlif cunency unks up to the point of H\iec'\ii payun and tlu reby making, the value of their noti (uivalent to B|M'cie. 2. This great and ili ite power, thus involT- ing the sacred relati" f debtor and creditor,, and the actual rise liMliinciit of n Imnk at tlint (itnc; the wliolc ooniriins liri)iip;ht ii|miii the coiiiilry, iiiid wliicli titv to Ik> ciircil ^- putting down tliiil grnit Imnk ; nfTlcr whicli, tin* roiigrt's» niiil llio jmli- rinry will rasily iiinnngo tin* miiiiiII liniikA, liy lioliling tlu'in up to h|h.mmi> pnyinriitH, luxl t>\- rlutling ovory iinHoliii note from rovoniio pny- nirntx. n. Mr. n. cniil tlint tlu'povi'rnnn'iit oii^jilit not to (k>li lliiH power, if it roiiUi. It wii8 too gn-at n power to U' truKlcd to niiy Imnkiiig; conipnny wlialrver, or to niiy niitliority luit tin- higlifst ami most n-sponsilili' wliirli wan known to our form of povi'rnincnt. Tlu- govi'mmont itself eeaM'il to ik' inile|H*mleiit — it tvai plenty, or make it scarce; how far it will let the mo- neyed system jro on iv;;ularly, or throw it into disorde:- ; Imw Car it will suit the interests, or policy, of that compiiny to cpi'ath a tem|H>Ht, or to sulfer a e:iliii, in the moneyed ocean. The people arc not safe w hen a company has such a ptiwer. Til" temptation i.s too great — the op- portunity too easy — to put up and put down prices; to make ami hreak fortunes; to luing the whole coiiimunity upon its knees tti the Ncptiines who pn-side over the lliix and retliix ofpaiH'r. .\1I pro|HTty is at their mercy. The price of real estate — of every growing crop — of every staple article in market — is at their coinmanil. Slocks are their playthings — their gamhlin^: t!ualie — on which they gamhle daily, with as Utile secrecy, and as little morality, ftud I'armoiv mischief to fortunes, than common ' gnniMi r* eirry on ihi-ir operation^. The pliilo- Sdphir N'o'lairi', a ••entiirv «;:o, from his retreat in Forney, ga\e a lively description of tliic ojK'r- ution. hy which he wtis made a winner, without ibu truuliie of playing. I have u friend, .-aid he, who JH a director in the Bank ol Knincc. who writes to me when they are going to nmko money plenty, and mnkc stockn rise, and then I give ordeiH to my hroker to well j nn free from (he coniiul and r«>gulation of a distant, post.ilily a rival city, in the means of carrj-ing on its own trade. Thus, the safety of the pivernnieiil. (he sality ol' the jK'ople, (he interest of all owiu-rs of pni|K-i'tv — of all growing <'rops - the hohU'is of all stocks — tlie exporters of nil s(aple ar(icles — reipiiri' that the regulation of the ciirivncy should lie kept out of (he hands of a jrreat hanking com- pany ; that it should remain where thecoiistilii (ion plnced it— in the hands of (lu' federal p>- vernment — in (he hands of their n'pivsen(ntives who are elec(ed hy (hem, n>sjM)nsihle to them, may he exchniip-d hy (hem, who can pass lui law for ivgnlaling currency which will not lienr upon (hem.selves as well as upon (heir constitu- ents. Thi"* is whn( (he safety of the comimiiiitv reijnires ; and, for one, he (.Mr. I!.) would not, it' he coulil, delegate the power of regulating (lie cnrniicy of (his gn-at country (o any hankiii:; company whatsoever. It was n power to<» tn- meniloiis to he trusted (o a com|iaiiy. The .•^'tates thought it (oo grea( a power to lie triistod to the .State governmeids; he (Mr. 15.) (liought so (oo. The .States confided it to the fiiUial ;;(.- vernment ; he, for one, would conllne it to the fifler.d government, and would make that pn vernment exercise it. .\1iove all, he would not coiif«-r it upon a bank which was itself alMivo ij'gulation ; and on (his point he called iijion (he Senate to recollect the (question, apparently ANNO 1884. ANDREW JACKSON, PUraiDKNT. 451 in tlic Bnnk ot Knincc. n ihvy nro goiiiK •♦> "inko ko Htorkit rise, niul tlicn I kcr til sell ; nnil \w wrilos noiii}!; to make nioinn' Kiwi-rjjrcat c'iumij;1i in tlli^ If|)rfs8 the priiTs of tiiuir Tilt' proat I'itii's of iIh' ivliili' a ('oin|iaiiy, in uny rovor tlu'ir nionrycd Kys- inakinp; inoiicy fcarci' «ir lanics and alarms — to put •rico of till- slapK- articlcit Kvory nininiiTcial lily.fdf have an indi'pi>n(I«-nt nut- l Ik< free from t)ir control dant, por<(.ili|y a rival city, ryinp; on its own trsulc. p>vi'niinrnt, tin- s.Tlity (if I of ail owners of |ini|K'rtv - tlio lioldi-rs of all slixks I Htapli' artifii's — n'r|iiiii. f tlu" nirivncy slioiilti lip s of a (;rral hankinjr <• mi- iMnain wlu-n- t lie const it ii liaiiils of the fi'dcial pi- Is of tlu'ir ivpiYwntntivi's cm, n-iponsilili' to llu'm, tlu'm, who can pass n<> •i-ncy which will not U-ar II as npini their coiislilii- ■ safety of the eommnnity , ho (Mr. H.) wonM not, e i)ower of n'frnlatiiif: tlic country to any liankiii. It was a powir tin) iri- fd to a company. The reat a |iowerto Ih' trnstoil iits; he (Mr. II.) thoiinlit itlded it to llic fnleral ;;(.- would ci.tdlne it lo the id woidd make that pii- .\liove all, lie would iinl k which was itwlf ahovo lis point he called upon tiie (question, apparently trite, but replete with profound Hagaeity — that la^acity which it iKdungH lo preat men to pos- secH, and to express — which wiia put tu the (/on- ijirss of ISK't, when this hank charter was under tliscussion, and the re);ulation of the currency was one of the attributes with which it was to Ite invested ; he alluded to his late estiH'inetl friciid (Mr. Ilandolph), and to his call upon the lliiii^e to tell him who was tii U-ll the cat 7 That sin;;le ({uestion contains in its answer, and in its allusion, the exact hiutory of the fieopleof tlicriiiled States, anil of the Hank of the I'liited States, at this day. It was a (lash of li);htnin(r into the dark visia uf futurity, showing in I8lti what we all sec in 18,14. Mr. K. took up the second point on wliich he dis«(:reed with the Senator from South Carolina (Mr. Calliouii], namely, the capacity of the Hank of the I'liited States to supply a (general cur- riMicy to the ('nioii. In handling; this ipieslion lie would drop all other in(|uiries — lay a.side cviry other objection — overlook eviry cousidir- utioii of the constitutionality and ex|ieiliency of the bank, and contine himself to the strict ques- tion of its ability to diiruse aii retain in circii- latiiin a pa|)er currency over this extendeil I'nioii. He would come to the question as a banker would come to it at his table, or a mei'cluoit in his eouiiling-room. IiNikinj; to the mere o|M'ration of a money system. It was a i|ii permitted to imhilfre the hojH! of establishiii}^ a moneyed sys- tem contrary to its own laws. The (•eiiius of man has not yet devised a hank — the historic pft;.'e is yet to Iw written wliich tells of a bunk —which has dillnsed over an extensive country, and retaini'd in circulation, a (riiieral paiKT cur- nncy. Kn):land is too small a theatre for u comiiK'U- example ; but even tlu'ie the impossi- bility is canfc86cd, und has been confessiKl for u century. TIi send the notes cf the mother bank to any distance, being foiuid i>i- practicable, there was no branch currency .>f •nj' kind in circdation for a period of eight or nine years, initil the year 1827, when the b:anch cheeks were invented, to jwrform the miracle whiih notes could not. Mr. U. would say no- thing about the legality of that invention ; ho would now treat them as a legal issue under tho charter ; and in that most favornbic jxiint of view for them, ho would show that these branch checks were nothing btit a quack remedy — an cnipirinil contrivance — which made things worse. By their natiu • they vero as strongly attnicted to the North* V, * ae ^o branch notes had been ; by their terms they were still more strongly attrjictt'd, for they bore Philadelphia on their face ! they were payable at the mother bank ! and, of course, would naturally flow to that place for use or payment. This was their destiny, and njost punctually did they fulfil it. Never did the trade-winds l.low more truly — never did the gulf stream flow more regularly — than those checks flowed to the Northeast ! The average of four years next ensuing the invention of these checks, which went to the nu)ther bank, or to the Atlantic branches north of the Potomac, in- cluding the branch notis which flowed with them, wa>5 alwut nineteen millions of dollars per an- num ! Mr. B. then exhibited a table to prove what he allegi'd. and from which it apj^ared that the flow of the branch paper to tho Northeast was as regular and uniform as an operation of nature ; that each city according to its commer- cial importance, received a greater or less pro- portion of this inland paper gulf stream ; and that tho annual variation was so slight as only to prove the regularity of the laws by which it was governed. Tho following is the table which he exhibited. It was one of tho tabular state- ments obtained by tho investigating committee in 1832: Amount of Branch Bani Paptr r«etit*i at— 1838. 1B39. 1880. ISRl. 1. New- York, . 11,938,S60 Il,i94,960 9,168,370 H,2S4,820 a. rhll«>li>liik, 4,4A.'{,IM 4,10«,98» 4,ftT9,7?i B.a»*,>oo 8. B, and for ever will bo, that the branch will liavo to redeem its circulation till redemption is im- ANNO 1834. AI.HREW JACKSON, PRESIDKNT. 453 [id a greater or less pro* paper guir stream ; and ion wan so slight m only r of the laws by which it allowing IM the table which one of the tabular etatc- I investigating committee Saibfc Pap«r rtetivtd at— is,e8<,47B i6,9i»,iiio i\,tm:m B tabic, and taV;ing it for truth of the thcoiy wliich that it demonstrated the ng up a circulation of the paper in the remote und ['nion, Mr. B. went on to is yet but half told— the natic flow of national cur- t, was but half disclosed; yet to be lifted — anotlier )poned — and the effect of metallic cyrrency of the vn to the pi>oplo and the >uld show, that as fast as any branch were taken up at the branches north of mt was ojwned against the ey came. The branch was lint of the notes or chicks ically ser>ed with a copy nnianded to send on specie to redeem them. >Vheii Bmittcd to the branch from ile on the road they wire and when arrived tliey ion again at that place— nmwliately, which carried rthcast — there taken up ( branch — the branch re- n again with specie or bills n returned to her, to ho Jon, and to undergo a^'nin 10 branch could no loiiper ess process of flowing to vsult of the wh(de was, is, that the branch will have ion till redemption is im- possible ; until it has exhausted the country of its 8|)ecio ; and then the country in which the hranch is sitiutod is worse off than Iwforo she had a branch ; for she had neither notes nor s|X!cio left. Mr. B. said that this ^vas too important a view of the case to bo rc»tee n conHumption of tinu', and a work of su|)eix>ro<;ation. He would not detail them, but state their l>eaositioi) ; one founded in tho actual conduct and present condition of the bank itself, and the other in a comiwrative view of the conduct and condition of tho former Bank of the United States, at tlio approaching period of its dissolution. I. Ah to tho conduct and condition of tlio present bank. Mr. B. appealed to tho knowledge of all pre- sent for the accuracy of his assertion, when he said tliat the bank had now reduced her dis- counts, dollar for dollar, to the auKJunt of pub- lic (leitosits withdrawn. The adversaries of tho bank said the reduction was much larger than the abstraction ; but he dropped that, and coii- dned himself strictly to tho admissions and de- clarations of the bank itself. Taking then the fact to t)e, as tho bank alleged it to be, that she had merely brought down her business in pro ANNO 1884. ANDREW JACK8f>N, IMIESIDENT. 489 'ncy — he, Mr. B., could not e I'xisJcncc of thi* prcsont rofuse imiic of i>u|kt at ul| circulation >t otcn a fww at the (IcHtitute jiointH— ' plenty for a little while, »nly. Nothing permanent h a mcaHure. On the i-on- rears, the ilcHtitiition and ater than it now is. At impletely in the power of ment, to grant relief, full, IB relief! In luakiiif!; thiH t to prove it ; and to prove in a way that it Hhould ling of every candid and he hank ponscssod j for ho drop from the in(|uiry, nil tic Hubject ; to leave out of made, and every opinion f, and Ihh friends, and pro- n|)on the eviilence of tho at evidence which flowid tory itself, and from the t informed of its friends on sumed that a mere cessa- ints, at this lime, would would Im) the siilvntion HKcd — and put an end tu averred that this ourtuil- [j, or the bank must •"nd a ig it on ; for the old rittHfin mot apply. Mr. IJ. then vs to sustain his position ; tunl conduct and present itself, and the other in a the conduct and condition r the United States, at tlio its dissolution, uct and condition of the the knowledge of all pro- of his assertion, when he ans and de- : itself. Taking then the alleged it to be, that she own her basincss in pro iK)rtion to the capital taken from her, it followed of course that there wu.s no reason for reducing her business any lower. Her relative ))OHiti<>h her a CO ; lilt amount of notes in circulation, $10,2(iO,472; total discounts, $.'>4,842,973 «4. From this view of figures, taken from the official bank re- turns, from which it ap|iearod that the specie in the Imnk was neaily three millions greater than It was in May, 1832, her net ctn-nlation nearly two millions less, and her loans and discounts upwards of tlfteen in llions less; Mr. B. would 4dbmit It to all candid men to say whether the bank is not more iibie to accommodate the con nmnity now than she was then ? At all events, ho would demand if she was not now able to cease pressing them 1 II. A.-^' to die comparative condition and con- duct of the Hrst Bank '^f the United StaU > at the pericnl of its approacniiig dissolution. Mr. B. took the coiuMtion of the ' ank from Ml, Gallatin's statemei I of its ' i.-. to Con- gress, made in .January, 1811, just three moii'lis befoie the eliarter expired; and which showed the discounts and loans of ihe bank to be $14, 57«,21'4 2'), h.T capital being $1(M)()0,000; so timt the aiuouiit of her loans, three .ixmth.'^ )>e- foro her dissolution, was nearly in proportion — near enough for all priutiial views — to the pro- |s>rtioii which the pn sent loans of the liunk of the United .States bear to its capital of tliirty- tive millions. Fifty pt-r cvnt, upon the former would give tlfteen millions ; fifty |ier cent, upon the latter would give fifty-two millions and • half. To make tne relative condition of tho two banks precise'' if the deposits, will no longi-r unswer, Mr. B. iiad no faith in that tvosoii from the Ix-ginning. but he was now takuig the bank upon her own evidence, and trying her upon her own reason.-, and he held it > be im))ossiblo for her to go on without tho production of a reason. The hostility of tho government — rather an incompielunsible, and altogether a giittuitous reason, fioin the begin- ning — will no longer answer. The ; vi-rnment in 1811 wa.s as hostile to the old b.iak, as tho governnient now is to this one ; and rather inoro so. Both Houses of (Jongrcss were then hos- tile to it, and hostile unto death ! For they let it die ! die on the day appointed by law for its death, -vithout pity, without remorse, without the ivjprieve of one day. The government can do no worse now. The Secretary of the Troa«- siiry has removed tho deposits; and that ac- count is settled by tho re^ Photographic Sciences Corporation 33 WEST MAIN STREET WEBST!«R, N.Y. MS80 (716) 872-4503 456 THIRTY YEARS' VIEW. i ? r ) •Jit 1'^ * fore the expiration of her charter. Afjain: the old bank had not an hour, a.s a corporation, to wind up her business after the end of her rasxr- ter ; this bank has the use of all her corjiorate faculties, for that purpo.=e, for two years after the end of her charter. .(Xgaln : tlie present bank pretends that she will have to collect the whole of her debts within the period limited for winding up her affairs ; the old bank took up- wards of twclre years after the expiration of her charter, to collect hers ! She created a trust ; she appointed trustees ; all the debts and credits were put into their hands, the trustees proceed- ed like any other collectors, giving time to all debtors who would secure the debt, pay in- terest punctually, and discharge the principal by instalironts. This is what the old bank did ; and she did not close her affairs until the Kith of June, in the year 1823. The whole operation v:ds conducted so gently, that the public knew nothing about i^. The cotempora- ries of the dissolution of the bank, knew nothing about its dissolution. And this is what the present bank may do, if it pleases. That it has not done so — that it is now grinding the com- munity, and threateiu'ng to grind them still harder, is a proof of the dangerous nature of a great moneyed power ; and should be a warning to the people who now behold its conduct — who feel its gripe, and hear its threat — never to suffer the existence of such another power in our free and happy land, VII. Jlr. B. deprecated the spirit which seem- ed to have broken out against State banks ; it was a spirit which augured badly for the rights of the States. Those banks were created by the States ; and the works of the States ought to be respected ; the stock in those banks was held by American citizens, and ought not to be injuriously assailed to give value to stock held in the federal bank by foreigners and aliens. The very mode of carrying on the warfare against State banks, has itself been an injury, and a just cause of complaint. Some of the most inconsiderable have been picked out — their affairs presented in the most unfavorable light; and then held forth as a fair sample of the whole. How much more easy would it have been to have acted a more grateful, and a more equitable part ! a part more just to the State governments which created those banks, and the American citizens who held stock in them ! Instead of hunting out for remote and incon« siderable banks, and instituting a most dispar- aging scrutiny into their small affairs, and mak- ing this high Senate the conspicuous theatre for the exhibition of their insignificance, why not take the higher order of the State banks? — those whose names and characters are well known? whose stock upon the exchange of London and New- York, is superior to that of the United States Bank? whose individual de- posits are greater than those of the rival branch- es of the Bank of the United States, seated in their neighborhood? whose bills of exchange are as eagerly sought for as those of the federal bank ? which have reduced exchange below the rates of the federal bank? and which, in every particular that tries the credit, is superior to the one which is receiving so much homage and admiration ? Mr. B. said there were plenty of such State banks as he had described ; they were to bo found in every principal city, fi-om Xew Orleans to Boston. Some of them had been selected for deposit banks, others not; but there was no difficulty in making a selection of an ample number. This spirit of hostility to the State banks, Mr. B. said, was of recent origin, and seemed tc keep pace with the spirit of attack upon the political rights of the States. When the first federal bank was created, in the year 1791, it was not even made, by its charter, a place of deposit for the public moneys. Mr. Jeflerson preferred the State banks at that time; and so declared himself in his cabinet opinion to Pre- sident Washington. Mr. Gallatin ucpositid a part of tl\p public moneys in the State banks during the whole of the long period that he was at the head of the treasury. At the dissolution of the first Bank of the United States, he turned over all the public moneys which he held in de- posit to these banks, taking their obligation to pay out all the treasury warrants drawn upon them in gold and silver, if desired by the hold- er. When the present bank was chartered, the State banks stood upon an equal footing with the federal bank, and were placed upon an equal- ity with it as banks of deposit, in the very char- ter which created the federal bank. Mr. B. was alluding to the 14th fundamental article of the constitution of the bank— the article which pro vided for the establishment of branches — and which presented an argument in justification of ANNO 1834. ANDREW JACKSON, PRESIDENT. 457 for rumotc and incon. ititutiiifi a most dispar- r small aflairs, and mak- conspicuous theatre for insignificance, why not of the State banks ?— id characters are well upon the exchange of , is 8ui)erior to that of l whose individual de- lose of the rival branch- Jnited States, seated in hose bills of exchange r as those of the federal ced exchange below the k ? and which, in every le credit, is superior to ving so much homage I. said there were plenty lie had described ; they cry principal city, fi-om Some of them had been iks, others not; but n making a selection of I. the removal of the deposits which the adversa- ries of that measure most pertinaciously decline to answer. The government wanted banks of deposit, not of circulation ; and by that article, the State banks are made just as much banks of deposit for the United States as the Bank of the United States is. They are put upon exact equality, so far as the federal government is con- cerned; for she stipulates but for one single branch of the United States Bank, and that to be placed at Washington city. As for all other branches, their establishment was made to de- pend — not on the will, or power, of the federal government — not on any supposed or real ne- cessity on her part to have the use of such branches — but upon contingencies over which she had no control; contingencies depending, one upon the mere calculation of profit and loss by the bank itself, the other upon the subscrip- tions of stock within a State, and the applica- tion of its legislature. In these contingencies, namely, if the Bank of the United States thought it to her interest to establish branches in the States, she might do it ; or, if 2,000 shares of stock was subscribed for in a State, and there- upon an application was made by the State le- gislature for the institution of a branch, then its establishment within the State became obliga- tory upon the bank. In neither contingency had the will, the power, or the necessities of the federal government, the least weight, con- corn, or consideration, in the establishment of the branch. If not established, and so far as the government is concerned, it might not be, then the State banks, selected by the United States Bank, and approved by the Secretary of the Treasury, were to be the banks of deposit for the federal moneys. This was an argument, Mr. B. said, in justification of the removal of the deposits, and in favor of the use of the State banks which gentlemen on the opposite side of the question — ^gentlemen who take so much pains to decry State banks — have been careful not to answer. The evils of a small paper circulation, he con- sidered among the greatest grievances that could afflict a community. The evils were innumer- able, and fell almost exclusively upon those who were least able to bear them, or to guard against them. If a bank stops payment, the holders of the small notes, who are ujually the working part of the community, are the last to find it out, and the first to suffer. If counterfeiting is perpetrated, it is chiefly the small notes which are selected for imitation, because they are most current among those who know the least about notes, and who are most easily made the dupes of imposition, and the victims of fraud. As the expeller of hard money, small notes were the bane and curse of a countrj'. A nation is scarce, or abundant, in hard money, precisely in the degree in which it tolerates the lower denominations of bank notes. France tolerates no note less than ^100; and has a gold and silver circulation of 350 millions of dollars. England tolerates no note of less than $25 ; and has a gold and silver circulation of 130 millions of dollars : in the United States, where $5 is the minimum size of the federal bank notes, the whole specie circulation, including what is in the banks, does not amount to thirty millions of dollars. To increase the quantity of hard money in the United States, and to supply the body of the people with an adequate specie cur- rency to serve for their daily wants, and ordi- nary transactions, the bank note circulation be- low twenty dollars, ought to be suppressed. If Congress could pass a law to that effect, it ought to bed one ; but it cannot pass such a law : it has no constitutional power to pass it. Congress can, however, do something else, which will, in time, eflectually put down such a currency. It can discard it, and disparage it. It can reject it from all federal payments. It can reject the whole circulation of any bank that will continue to issue small notes. Their rejection from all federal payments, would check their currency, and confine the orbit of their circulation to the immediate neighborhood of the if suing bank. The bank itself would find but litt'.'j profit from issuing them — public sentiment would come to the aid of federal policy. The people of the States, when countenanced and sustained by the federal government, would indulge their natural antipathy and honest detestation of a small paper currency. They would make war upon all small notes. The State legislatures would be under the control of the people ; and the States that should first have the wisdom to limit their paper circulation to a minimum of twenty dol- lar bills, would immediately fill up with gold and silver. The common currency would be entirely metallic ; and there would be a broad and solid basis for a superstructure of large notes ; while 458 THIRTY YEARS' VIEW. lim 'ill 1 .,^ ^) '; ''^ 'I i i. f. 11' '■•'!! -':, 'fir "^ii ' ,1'i 1 ■< f IS I '• :!i the States which continued to tolerate the small notes, would be afflicted with all the evils of a most pestilential part of the paper system, — small notes, part counterfeit, part un- current, half worn out; and all incapable of be- ing used with any regard to a beneficial econo- my. Mr. B. went on to depict the evils of a small note currency, which he looked upon as the banc and curse of the laboring part of the community, and the reproach and opproL am of any government that tolerated it. He said that the government which suflerod its curren- cy to fall into such a state that the farmer, the artisan, the market man, the day laborer, and the hired servant, could only be paid in small bank notes, was a government which abdicated one of its moat sacred duties ; and became an accomplice on the part of the strong in the op- pression of the weak. Mr. B. placed great reliance upon the restora- tion of the gold currency for putting down a small note circulation. No man would choose to carry a bundle of small bank notes in his pocket, even new and clean ones, much less old, ragged, and filthy ones, when he could get gold in their place. A limitation upon the receiva- bility of these notes, in payment of federal dues, would complete their suppression. Mr. B. did not aspire to the felicity of seeing as fine a cur- rency in the United States as there is in France, where there was no bank note under five hun- dred francs, and where there was a gold and sil- ver circulation at the rate of eleven dollars a head for each man, woman, and child, in the king- dom, namely, three hundred and fifty millions of dollars for a population of thirty-two millions of souls ; but he did aspire to the comparative happiness of seeing as good currency established for ourselves, by ourselves, as our old fellow- subjects — the people of old England — now pos- sess from their king, lords, and commons. They — he spoke of England proper — had no bank note less than five pounds sterling, and they possessed a specie cii'culation (of which three- fourths was gold) at the rate of about nine dol- lars a head, men, women, children (even pau- pers) included ; namely, about one hundred and thirty millions for a population of fourteen mil- lions. He, Mr. B., must be allowed to aspire to the happiness of possessing, and in his sphere to labor to acquire, as good a circulation as these English have ; and that would be an immea- surable improvement upon our present condi< tion. We have local bank notes of one, two. three, four dollars ; we have federal bank notes of five and ten dollars — the notes of those Eng- lish who are using gold at home while we are using their paper here : — we have not a particl« of gold, and not more silver than at the rate ol about two dollars a head, men, women, children (even slaves) included ; namely, about thirty millions of silver for a population of thirteen millions. Mr. B. believed there was not upon the face of the earth, a country whose actual ctirrency was in a more deplorable condition than that of the United States was at present ; the bitter fruit of that fatal paper system which was brought upon us, with the establishment ot the first Bank of the United States in 1791, and which will be continued upon us until the cita- del of that system — the Bastile of paper money, the present Bank of the United State.^, — shall cease to exist. Mr. B. said, that he was not the organ of the President on this floor — he had no authority from the President to speak his sentiments to the Senate. Even if he knew them, it would be unparliamentary, and irregular, to state tliem. There was a way for the Senate to communicate with the President, which was too well known to every gentleman to require any mdication from him. But he might be ptrmitted to sug- gest — in the absence of all regular information — that if any Senator wished to understand, imd to comment upon, the President's opinions on currency, he might, perhaps, come something nearer to the mark, by commenting on what he (Mr. B.) had been saying, than by having re- course to the town meeting reports of inimical bank committees. CHAPTER CVI. ATTEMPTED INVESTIGATION OF THE BANK OF TUE UNITED STATES. The House of Representatives had appointed a select committee of its members to investigate the affairs of the Bank of the United States — seven in number, and consisting of Mr. Francis Thomas, of Maryland ; Mr. Edward Everett, of ^Massachusetts ; Mr. Henry A. Muhlenberg, of t7 ANNO 1834. ANDREW JACKSON, PRESIDENT. 459 pon our present condi- )ank notes of one, two. Iiave federal bank notes the notes of those Eng- at home while we are -we have not a particU ilver than at the rate o! 1, men, women, children ; namely, about thirty population of thirteen ed there was not upon I country whose actual re deplorable condition I States was at present ; ital paper system which ith the establishment oi lited States in 1791, and upon us until the cita- Bastile of paper money, e United States, — shall :as not the organ of the — he had no authoritj ?pcak his sentimenis to le knew them, it would irregular, to state tliem. ! Senate to communicate ch was too well known require any mdication ht be ptrmitted to siig- all regular information shed to understand, and resident's opinions on ■haps, come something iommenting on what he ng, than by having rc- ting reports of inimical SR CVI. nON OF THE BANK OF D STATES. ntatives had appointed members to investigate )f the United States— nsisting of Mr. Francis Mr. Edward Everett, of iry A. Muhlenberg, of Pennsylvania ; Mr. John Y. Mason, of Virginia ; Mr. W. W. Ellsworth, of Connecticut ; Mr. Abijah Jfann, Jr. of New-York ; Mr. Robert T. Lytic, of Ohio. The authority under which the committee acted, required them to ascertain : 1. The causes of the commercial embarrassment, and the public distress complained of in the nu- merous distress memorials presented to the two Houses during the session; and whether the bank had been any way instrumental, through its management or money, in producing the dis- tress and embarrassment, of which so much com- plaint was made. 2, To inquire whether the charter of the bank had been violated ; and what corruptions and abuses, if any, had existed in its management. 3. To inquire whether the bank had used its corporate power, or money, to con- trol the press, to interpose in politics, or to in- fluence elections. The authority conferred upon the committee was ample for the execution of these inquiries. It was authorized to send for persons and papers ; to summon and examine witnesses on oath ; to visit, if necessary, the principal bank, and its branches ; to inspect the books, correspondence and accounts of the bank, and other papers connected with its manage- ment. The right of the House to make this investigation was two-fold: Jirsty under the twenty-third article of the charter: seco7idlij, as the founder of the corporation; to whom belongs, in law language, the right to " visit " the institution it has founded ; which " visit- ing" is for examination — as a bishop "vis- its " his diocese — a superintendent " visits " the works and persons under his care ; not to see them, but to examine into their management and condition. There was also, a third right of examination, resulting from the act of the cor- poration; it was again soliciting a re-charter, and was bound to show that the corporators had used their actual charter fairly and legally before it asked for another. And,fou7lhlij, there was a further right of investigation, still result- ing from its conduct. It denied all the accusa- tions brought against it by the government di- rectors, and brought before Congress by the Secretary of the Treasury ; and joined issue upon those accusations in a memorial addressed to the two Houses of Congress. To refuse examina- tion under these circumstances would be shrink- ing from the issue which itself had joined. The committee proceeded to Philadelphia, and soon found that the bank did not mean to submit to an examination. Captious and special pleading objections were made at every step, until at- tempts on one side and objections on the other ended in a total refusal to submit their books for inspection, or themselves for an examination. The directors had appointed a company of seven to meet the committee of the House — a proce- dure unwarranted by any right or usage, and offensive in its pretentious equality ; but to which the committee consented, at first, from a desire to do nothing to balk the exammation. That corporation committee was to sit with them, in the room in the bank assigned for the examination ; and took care always to pre- occupy it before the House committee arrived ; and to act as if at home, receiving guests. The committee then took a room in a hotel, and asked to have the bank books sent to thorn ; which was refused. They then desired to have the books subjected to their inspection in the, bank itself; in which request they were baffled, and defeated. The bank committee required written specification of their points of inquiry, either in examining a book, or asking a ques- tion — that it might judge its legality ; which thej' confined to mere breaches of the charter. And when the directors were summoned to an- swer questions, they refused to be sworn, and excused themselves on the ground ?f being par- ties to the proceeding. Some passages from the committee's report will show to what extent this higgling and contumacy was carried by this corporation — deriving its existence from Con- gress, and endeavoring to force a renewed char- ter from it while refusing to show how it had used the first one. Thus : " On the 23d of April, their chairman address- ed to the President of the bank, a communica- tion, inclosing a copy of the resolution of the House of Representatives, and notifying him of the readiness of the committee to visit the bank on the ensuing day, at any hour agreeable to him. In reply, the President informed the com- mittee that the papers thus received should bo submitted to the board of directors, at a special meeting to be called for that purpose. It ap- pears, in the journal of the proceedings of the committee, herewith presented to the House, that this was done, and that the directors ap- pointed a committee of seven of their board, to receive the committee of the House of Represen- tatives, and to offer for their inspection such books and papers oi the bank, as may be nea's« sary to exhibit the proceedings of the corporation, 111 ^4 l/i : i ^lll ■";^n^i = '■'i „i.ii ■!''! ! i ■my :'m ! i!!l i!]! 460 THIRTY YEARS' VIEW. accordinn; to the requirement of the charter. In the letter of John Serj^eant, Esq., as chairman of the committee of directors commtinieatinp; the proceed in jfs of tlie boanl, he says tliat he was directed to inform the chairman of this committee that the committee of the directors ' will imme- diately direct the necessary arranjiements to be mode for the acconmiodation of tlie committee of the House of Representatives,' and would attend at the bank to receive them the next day, at eleven o'clock. Your committee attended, and were received by the committee of di- rectors. "Up to this period, nothing had occurred to justify the belief that a disposition was felt, on the part of the managers of the bank, to embar- rass the proceedings of the committee, or have them conducted differently from those of the two preceding committees of investigation. On assembling, however, the next morning, at the bank, they found the room which had been offered for their accommodation, preoccupied by the committee of the board, with the president of the bank, as an e.v officio member, claiming the right to be present at the investigations and examinations of this committee. This proceeding the committee were not prepared to expect. When the appointment of the committee of seven was first made, it was supposed that that measure, however designed, was not well calcu- lated to facilitate the examination. " With a previous determination to be present when their books were to be inspected, they could have waited to avow it until these books were called for, and the attempt made to inspect them in tlieir absence. These circumstances are now reviewed, because they then excited an ap- prelicnsion, which the sequel formed into con- viction, that this committee of directors had been appointed to supervise the acts and doings of your committee, and to Hunt and restrain their proceedings, not according to the directions contained in the resolution of the House, but the will and judgment of the board of directors. Your committee have chosen to ascribe this claim of the committee of directors to sit conjointly with them, to the desire to prevent them from making use of the books and papers, for some of the purposes pointed out hy the resolution of the House. They are sensible that this claim to be present at all examinations, avowed prema- turely, and subsequently persisted in with pe- culiar IX- 'inacity, could be attributed to very different motives ; but respect for themselves, and respect for the gentlemen who compose the committee of directors, utterly forbids the ascrip- tion to them of a feeling which would merit compassion and contempt much more than re- sentment. " This novel position, voluntarily and deliber- ately taken by the committee of the directors, predicated on an idea of equality of rights with jonv committee, under your resolution, rendered It probable, and in some measure necessary, that your committee should express its opinions of the relative rights of the corporation and th« House of Representatives. To avoid all mis- understanding and future misrepresentations, it was desirable that each qu"stion should be de- cided separately. Contemplating an extended investigation, but unwilling that an ai)prehensioii should exist of improper disclostires bein;; made of the transactions of the bank and its customers, your committee, .bllowing the example of the committee of 1832, adopted a resolution declaring that their proceedings should be confidential, until otherwise ordered by the committie, ami also a resolution that the committee would con- duct its investigations ' without the presence of any person not required or invited to attend.' A copy of these reso'utions was furnished to the committee of directors, in the hope that the ex- clusive control of a room at the bank, during its hours of business, would thereafter be conceded to your committee, while the claim of the com- mittee of directors to be present when the books were submitted for inspection, should ha jjost- poned for decision, when the books wera called for and produced by them. " On the 28th ult. this committee assembled at the banking house, and again found the loom they expected to find set apart for their use, preoccupied by the committee of directors, ancl others, officers of the bank. And instead of such assurances as they had a right to expect, they received copies of two resolutions adopted by the board of directors, in which they were given to understand that their continued occu- pation of the room must be considered a favor, and not a matter of right ; and in which tlie board indulge in unjust commentaries on tlie resolution of the House of Representatives ; and intimate an apprehension that your committee design to make their examinations secret, par- tial, unjust, oppressive and contrary to common right." On receiving this offensive communication, manifestly intended to bring on a quarrel, the committee adopted a resolution to sit in a room of their hotel, and advised the bank accordingly ; and required the president and directors to sub- mit the books to their inspection in the room so chosen, at a day and hour named. To this the directors answered that they could not com- ply ; and the committee, desirous to do all they could to accomplish the investigation committed to them, then gave notice that they would attend at the bank on a named day and hour to inspect the books in the bank itself— either at the counter, or in a room. Arriving at the ap- pointed time, and asking to see the books, they were positively refused, reasons in writing being assigned for the refusal. They then made a written request to see certain books specifically and for a specified purpose, namely, to ascertain 1". f * .r,-i uM ANNO 1834. ANDREW JACKSON, PRESIDENT. 461 le corporation and th« ics. To avoid all inis- ■e inisrcpreHcntations, it qu"stion should bi' ilo- teniplatin^: an oxteiulod inp that an aiiprchension * disclosures bein;: made (bank and its customers, inp the example of the led a resolution declaring should be confidential, by the conimittie. and le committee would con- without the presence of 1 or invited to attend.' ons was furnished to the in the hope that the cx- 1 at the bank, durinp its d thereafter be conceded le the claim of the coni- ) present when the books pection, should be jiost- n the books wera called em. is committee assembled nd again fotnid the loom set apart for (heir use. nmittee of directors, and bi\nk. And instead of y had a right to ex)H'ct, two resolutions adoirtcil )r5, in which they were at their continued occii- st be considered a favor. ight ; and in which the st commentaries on tlie ! of Representatives ; and on that your committee xaminations secret, par- and contrary to common >ffensive communication, bring on a quarrel, the solution to sit in a room ed the bank accordingly ; ent and directors to sub- inspection in the room d hour named. To this that they could not com- e, desirous to do all they investigation committed ;e that they would attend I day and hour to inspect ik itself— either at the Arriving at the ap- ig to see the books, they , reasons in writing being al. They then made a xirtain books specifically )ose, namely, to ascertain the truth of the report of the government di- rectors in using the money and power of the bank in politics, in elections, or in producing the distress. The manner in which this call was treated must be given in the words of the report itself; thus: * "Without giving a specific answer to these calls for books and papers, the committee of directors presented a written communication, which was said to be ' indicative of the mode of proceeding deemed right by the bank.' " The committee or the board in that commu- nication, express the opinion, that the inquiry can only be rightfully extended to alleged viola- tions of the charter, and deny virtually the right of the House of Representatives to authorize the inquiries required in the resolution. " They also required of the committee of in- vestigation, ' when they asked for books and papers, to state specifically in writing, the pur- poses for which tliey are proposed to be inspect- ed ; and if it be to establish a violation of the charter, then to state specifically in writing, what are the alleged jr supposed violations of charter, to which the evidence is alleged to be applicable.' ■'To this extraordinary requirement, made on the supposition that your committee were charged with the duty of crimination, or prose- cution for criminal offence, and implying a right on the part of Clie directors to determine for what purposes the inspection should be made, and what l)ooks or papers should be submitted to inspection, your committee replied, that they were not charged with the duty of criminating the bank, its directors, or others ; but simply to inquire, amongst other things, whether any prosecution in legal form should be instituted, and from the nature of their duties, and the in- structions of the House of Representatives, they were not bound to state specifically in writing any charges against the bank, or any special purpose for which they required the production of the books and papers for inspection." The committee then asked for copies of the accounts and entries which they wished to see, and were answered that it would require the labor of two clerks for ten months to make them out ; and so declined to give the copies. The com- mittee finding that they could make nothing out of books and papers, determined to change their examination of things into that of persons ; and for that purpose had recourse to the subpoenas, furnished by the House ; and had them served by the United States marshal on the president and directors. This subpoena, which contained a clause of duces tecum, with respect to the books, was so far obeyed as to bring the direc- tors in person before the committee ; and so faf disobeyed as to bring them without the books , and so far exceeded as to bring them with a written refusal to be sworn — for reasons which they stated. But this part deser^•es to be told in the language of the report ; which says : " Believing they had now exhausted, in their efforts to execute the duty devolved upon them, all rea.sonable means depending solely upon tho provisions of the bank charter, to obtain the inspection of the books of this corporation, your committee were at last reluctantly compelled to resort to the subpoenas which had been fumished to them under the seal of this House, and at- tested by its clerk. They, thereby, on the 0th inst. directed the marshal of the eastern district of Pennsylvania to summon Nicholas Riddle, president, and thirteen other |)ersons, directors of the bank, to attend at their committee room, on the next day, at twelve o'clock, at noon, to testify concerning the matters of which your committee were authorized to inquire, and to bring with them certain books therein named for inspection. The marshal served the sum- mons in due form of law, and at the time ap- pointed, the persons therein named appeared before the committee and presented a written communication signed by each of them, as the answer of each to the requirements of the sub- poena, which is in the appendix to this rejiort. In this paper they declare 'that they do not produce the books required, because they are not in the custody of either of us, but as has been heretofore stated, of the board,' and add, ' considering that as corporators and directors, we are parties to the proceeding — we do not consider ourselves bound to testify, and there- fore respectfully decline to do so.' '' This put an end to the attempted investiga- tion. The committee returned to Washington — made report of their proceedings, and moved : " That the speaker of this House do issue his warrant to the sergeant-at-arm.s, to arrest Ni- cholas Biddle, president — Manuel Eyre, Law- rence Lewis, Ambrose White, Daniel W. Cox, John Holmes, Charles Chauncey, John Goddard, John R. Neff; William Piatt, Matthew Newkirk, James C. Fisher, John S. Henry, and John Sergeant, directors — of the Bank of the United States, and bring them to the bar of this House, to answer for the contempt of its lawful au- thority." This resolve was not acted upon by the House ; and he directors had the satisfaction to enjoy a negative triumph in their contempt of the House, flagrant as that contempt was upon its own showing, and still more so upon its contrast with the conduct of the same bank : ;i' i'H I'U ;l 1 f-ll? <■"' i.ili ti* <;i ! ? • I- • Iff . 1 '0 462 THIRTY YEARS* VIKW. (tliough uiidira (lifll'ivut set of diroctors), in tlio yo'if ISI'.). A coniinitti'c of investigation WHS tlu'ii ni>i«iintiMl, unnetl witli tlio saino innvors wliirli wore ));rnnte(l to this coinniittec of tin* year IH.''. I , ami the ilireetors of that time readily 8nl)!nitted to every species of examination which the committee chose to make. Tliey visited the principal bank at Philadelphia, and several of its branches. They had free and nnrestrained access to the books and pajiers of the bank. They were fnrnished by the oilicors with all the copies and extracts they asked for. They snm- moned bef(in> them the directors and oflicers of the bank, examiiietII)KNT. 4G3 L' (lie ri'adiiiR, nnd send Fiimiico — tlmt oominit- tlmt kind coidd not cx- irly or favonilik' notiii>. lion to pet rid of it, in il prcparctl for whatever iicy had sent for me, the read it over with nie; ibles on wliieh it was I mc to sustain and em- ir intention that sueli a he country, not in the a State imjier, but witli II the ehaUenjies to puh- ! amplifications, tlie aiii- ind freedom which tiie cd. The instant, then, u his motion to Ktoj) tlio report to the Finance an rose, nnd demamlcil itinued : a den\and which (, as the rules gave it to id no occasion to hear it rd nothiu};; of it ; but tiio the report was to be tlio ic instant it was done, ho peech, seizing thecirciim- ed reading to furnish tlie o give a fresh and im- was going to say. The i: id said that this report ervc some attention, bc- r of the Senate, and wont which it might not rc- deration at tliis session, or inidcr circumstances lion, and disclosed infor- \ to be known. It was ay, in the crisis of the with confident assertions he call would prove the ring of the country. It cd tha*, the Secretary of r-estir.mted the revenues e would be a great falling vruptcy ; that confidence prise checked — industry suspended ! that the dire- le dire order, had changed , from a scene of unpar- a scene of unparalleled desolation! that the canal was a solitude, the lake a desert waste of waters, the ocean wi'h- out ships, the commercial towns desertetl, silent, anil sad ; orders for goods eo\nitermandeil ; for- eign purchases Btoi)ped ! and that the answer of the Secretary wovdd prove all this, in show- in" the falsity of his own estimates, and the great decline in the revenue and importations of the country. Such were the assertions ami predictions under which the call was made, and to which the public attention was attracted by every device of theatrical declamation from this floor. Well, the answer comes. The Secretary sends in his report, with every statement called for. It is a report to make the patriot's heart rejoice ! full of high and gratifying facts ; re- plete with rich iufornnition ; and pregnant with evidences of national prosperity. IIow is it re- ceived—how received by those who called for it? ^V'ith downcast looks, and wordless tongues ! A motion is even made to stop the reading ! to stop the reading of such a I'cport ! called for inider such circumstances ; while whole days are given up to reading the monotonous, tautologous, and emlless repetitions of distress memorials, the echo of our own speeches, and the thotisandth edition of the same work, without emendation or correction ! All these can be read, and printed, too, and lauded with studied eulogium, and their contents sent out to the people, freighted upon every wind; but this official report of the Secretary of the Treasury, upon the state of their own revenues, and of their own commerce, called for by an order of the Senate, is to be treated like an unwelcome aiid worthless intruder ; received without a word — not even read — slipped out upon a motion — disposed of as the Abbo Sieycs voted for the death of Louis the Sixteenth : mort sans phrase ! death, without talk ! But lie, Mr. B., did not mean to sufi'er this report to be dispatched in this unceremonious and compendious style. It had been called for to be given to the people, and the people should hear of it. It was not what was expected, but it is what is true, and what will rejoice the heart of every patriot in America. A pit was dug for Mr. Taney ; the diggers of the pit have fallen into it ; the fault is not his ; and the sooner they clamber out, the better for themselves. The people have a right to know the contents of this report, and know them they shall ; and if there is any man in this America, whose heart is so constructed as to grieve over the pros|H'rily of his country, let him prepare himself for sorrow ; for the proof is furthcoming, that m-ver, since America hud a place among nations, was the prosperity of (he country ecpml to what it is at this day ! Mr. n. then reijuested the Secretary of tho Semite to send him the report, and comiiarntive statements; which being done, Mr. B. opened the report, nnd went over the heads of it to show that the Secretary of the Treasury had not over-estimated the revenue of the year, as he had been charged, nnd as the report was ex- pected to prove : that the revenue was, in fact, superior to the estimate; and that the impor- tations would ecjinil, if not exceed, the highest amount that they had ever attained. To appreciate the statements which he should make, Mr. B. said it was necessary for tho Senate to recollect that the list of dutiiibli^ articles was now greatly reduced. Many articles were now free of «luty, which formerly paii' heavy duties ; many others were reduced in duty ; and the fair effect of these abolitions and reductions wotdd be a diminution of revenue even without a dimi- nution of imports ; yet the Secretary's esliinate, made at tho commencement of tho session, was more than realized, and showed the gratifying si)ectacle of n full nnd overflowing treasury, in- stead of the empty one which had been pre- dicted ; and left to Congress the grateful occupa- tion of further reducing taxes, instead of the odious task of borrowing money, as had been so loudly anticijjated for six months jiast. The revenue accruing from imports in the first (jiiar- ter of the present year, was f),.'} 14,,') 10 dollars; the payments actually made into the treasury from the custom-luniscs for the same (piarter, were 4,4.*^.'>,38() dollars ; and the p.iyments from lands for the same time, were 1,.'')98,20() dollars. The two first months of the second quarter were producing in a full ratio to the first quarter ; and the ndunl amount of available funds in the treasury on the 9th day of this month, was eleven nnllions, two hundred and forty-nine thousand, four hundred and twelve dollars. Tho two last quarters of the year were always tho most productive. It vas the time of tho largest importations of foreign goods which pay most duty — the woollens — and tho season, also, for the largest sale of public lands. It is well be- lieved that tho estimate will be more largely ex- ?*' 464 THIRTY YEARS' VIEW. ) !l' I I M cct'dcd in those two quarters than in the two first ; and that the excess for the whole year, over the estimate, will be full two millions of dollars. This, Mr. B. said, was one of the evi- dences of public prosperity which the report contained, and which utterly contradicted the idea of distress and commercial embarrassment which had been propagated, from this chamber, for the last six months. Mr. B. proceeded to the next evidence of com- mercial prosperity ; it was the increased importa- tions of foreign goods. These imports, judging from the five first months, would be seven mil- lions more than they were two years ago, when the Bank of the United States had seventy mil- lions loaned out ; and they were twenty millions more than in the time of Mr. Adams's adminis- tration. At the rate they had commenced, they would amount to one hundred and ten millions for the year. This will exceed whatever was known in our country. The imports, for the time that President Jackson has served, have re- gularly advanced from about $74,000,000 to $108,000,000. The following is the statement of these imports, from which Mr. B. read : 1829 1830 1831 1832 1833 $74,492,527 70,876,920 103,191,124 101,029,206 108,118,311 Mr. B. said that the imports of the last year were greater in proportion than in any pre^^ous year ; a temporary decline might reasonably have been expected; such declines always take place af- ter excessive importat'oDs, Ifit had occurred now, though naturally to have been expected, the fact would have been trumpeted forth as the infalli- ble sign — the proof positive — of commercial dis- tress, occasioned by the fatal removal of the de- posits. But, as there was no decline, but on the contrary, an actual increase, he must claim the evidence for the other side of the account, and set it down as proof positive that commerce is not destroyed ; and, consequently, that the removal of the deposits did not destroy commerce. The next evidence of commercial prosperity which Mr. B. would exhi jit to the Senate, was in the increased, and increasing number of ship arrivals from foreign ports. The number of ar- rivals for the month of May, in New- York, was two hundred and twenty-three, exceeding by thirty-six those of the month of April and showing not only a great, but an increas- ing activity in the commerce of that great emporium — he would not say of the United States, or even of North America — but he would call it that great emporium of the two Americas, and of the New World ; for the goods imported to that place, were thence distributed to every part of the two Americas, from the Canadian lakes to Cape Horn. A third evidence of national prosperity was in the sales of the public lands. Mr. B. hatl on a former occasion, adverted to these sales so far as the first quarter was concerned ; and had shown, that instead of falling olf, as hud been predicted on this floor, the revenue from the sales of these lands had actually doubled and more than doubled, what they were in the first quarter of 1833. The receipts fur lands for that quarter, were $008,526 ; for the first quarter of the present year they wore $1,398,206 ; being two to one, and $00,000 over ! The receipts for the two first months of the second quarter, were also known, and would carry tho revenue from lands, for the first five months of this year, to two millions of dollars ; indicating five millions for the whole year; an enormous amount, from which the people of the new States ought to be, in some degree, relieved, by a reduction in tlie price of lands. Mr. B. begged in the most em- phatic terms, to remind the Senate, that at the commencement of the session, the sales of the public lands were selected as one of the crite- rions by which the ruin and desolation of the country were to be judged. It was then pro- dieted, and the prediction put forth with all the boldness of infallible prophecy, that the re- moval of the deposits would stop the sales of the public lands ; that money WDuld disappear, and the people have nothing to buy with ; that the produce of the earth would rot upon the hands of the farmer. These were the predic- tions; and if the sales had really declined, what a proof would immediately be found in the fact to prove the truth of the prophecy, and the dire efibcts of changing the public moneys from one set of banking-houses to another! But there is no decline ; but a doubling of the former product ; and a fair conclusion thence de- duced that the new States, in the interior, are as prosperous as the old ones, on the sea-coast. ANNO 1834. AM)U!:W JACK.SOX, rUMilDKNT. 465 r the month of April, n great, but an incrcas- ommcrco of thut great not say of the United forth America — but lie it emporium of the two ew World ; for the goods I were thence distributed two Americas, from the ! Horn. national prosperity was iblic lands. Mr. B. had, adverted to these sales, tcr was concerned; and sad of falling off, as had floor, the revenue from ds had actually doubled, led, what they were in 1833. The receipts fur , were $CG8,52G ; for the present year they were vo to one, and $00,000 or the two first months r, were also known, and muo from lands, for tlie his year, to two millions g five millions for the lous amount, from which w States ought to be, in , by a reduction in tlie i. begged in the most eni- id the Senate, that at the I session, the sales of the ected as one of the crito- jin and desolation of the udged. It was then pre- Rtion put forth with all ale prophecy, that the re- would stop the sales of t money WDuld disappear, lothing to buy with ; that irth would rot upon the These were the preilic- iles had really declined, immediately be found in truth of the prophecy, and inging the public moneys iking-houses to another! le ; but a doubling of the 1| i fair conclusion thence de- states, in the interior, are M ones, on the sea-coast Having proved the general prowjK-rity of the country IVora tiieso infallible data — flourishing revenue — nourishing commerce — increa.sed arri- vals of ships — and increased sales of public lands, Mr. B. said that he was far from denying that actual distress had existed. Ilu had ad- mitted the fact of that distress heretofore, not to the extent to which it was charged, but to a gufficient extent to excite sympathy for the BufTerers ; and he had distinctly charged the whole distress that did exist to the Bank of the United States, and the Senate of the Uni- ted States — to the sere w-and- pressure oiKra- tions of the bank, and the alarm speeches in the Senate. He had made this charge ; and made it under a full sense of the moral respon- sibility which he owed to the people, in affirm- ing any thing so disadvantageous to others, from this elevated theatre. lie had, therefore, given his proofs to accompany the charge ; and he had now to say to the Senate, and through the Senate to the pecple, that he found new proofs for that charge in the detailed state- ments of the accruing revenue, which had been called for by the Senate, and furnished by the Secretary of the Treasury. Jlr. B. said he must be pardoned for repeat- ing his request to the Senate, to recollect how often they had been told that trade was para- lyzed ; that orders for foreign goods were coun- termanded ; that the importing cities were the pictures of desolation ; their ships idle ; their wharves deserted ; their mariners wandering up and down. Now, said Mr. B., in looking over the detailed statement of the accruing re- venue, it was found that there was no decline of commerce, except at places where the policy and power of the United States Bank was pre- dominant ! Where that power or policy was predominant, revenue declined; where it was not predominant, or the policy of the bank not exerted, the revenue increased ; and increased fast enough to make up the deficiency at the other places. Mr. B. proceeded to verify this statement by a reference to specified places. Thus, at Philadeljjhia, where the bank holds its seat of empire, the revenue fell olf about one third; it was ,S797,;}ir) for the firsu quarter of 1833, and only ,^:) 12,498 for the first quarter of 1834. At \c\v-York, where the bank has not been able to get the upper hand, there was an increase of more than $120,000; the reve- VoL. I.— 30 nue there, for the first (juarter of 1833, was $', 22,1(10; fur the first of 1834, it wa» $3,249,780. At Boston, where the bank is again predominant, the revenue fell off about one third ; at Salem, Mass., it fell off four flftl«. At Baltimore, where the bank bus been defeat- ed, there was an increase in the revenue of more than $70,000. At Bichniond, the revenue was doubled, from $12,034 to $25,810. At Charle.s- ton, it was increased from $(;0,.'»03 to $102,810. At Petersburg, it was slightly increased ; and throughout all the region south of the Poto- mac, there was either an increase, or the Blight falling off which might result from diminished duties without diminished in>])ortations. Mr. B. said he knew that bank power was pre- dominant in some of the cities of the South ; but he knew, also, that the bank policy of dis- tress and oppression bad not been practised there. That was not the region to be governed by the scourge. The high mettle of that re- gion required a ditferent policy: gentleness^ conciliation, coaxing ! If the South was to be gained over by the bank, it was to be done by favor, not by fear. The scourge, thoiigh sa much the most congenial to the haughty spirit of the moneyed power, was only to be applied where it would be submitted to ; and, therefore, the whole region south of the Potomac, was ex- empted from the lash. Mr. B. here paased to fix the attention of the Senate upon these facts. Where the power of the bank enabled her to depress cunimerce and sink the revenue, and her policy permitted her to do it, commerce was depressed ; and the reve- nue was sunk, and the prophecies of the distress orators were fulfilled ; but where her power did not predominate, or where her policy required a different course, commeice increased, and the revenue increased ; and the result of the whole is, that New-York and some other anti-bank cities have gained what Philadelphia and other bank cities have lost ; and the federal treasury is just as well off, as if it had got its accustomed supply from every place. This view of facts, Mr. B. said, must fasten upon the bank the odium of having produced all the real commercial distress which has been felt- But at one point, at New Orleans, there was further evidence to convict her of wanton and wicked oppression. It was not ia the Secre- tary's reports, but it was in the weekly returns 466 TTTTUTY YFARft* VIKW. I 1 f f !;' ^ 1* .Tit ©f the bunk ; «Hfl showed that, in tlie bepitmiii{» of March, that iiiHtitution hud carried off from her hrniicli in New Orleans, the Bum of about ^t<()(),()()0 in s[R'cie, which it had been cnllecti'ip; all the winter, by a wanton curtailment, under the pretext of Hupplj'ing the amount of the de- posits tal\en from her at tliat place. Tliese $800,000 dollars were collected from the New Orleans mcrchantH in the very crisis of the arri- val of Western produce. The merchants were pressed to pay debts, when they ouf^ht to have been accommodated with loans. The price of produce was thereby depressed ; the whole West suffered from the depression j and now it is proved that the money was not wanted to supply the place of the deposits, but was sent to Philadeli»hia, where there was no use for it, the bank having more than she can use ; and that the whole operation was a wanton and wicked measure to coerce the West to cry out for a return of the deposits, and a renewal of the charter, by attacking their commerce in the market of New Orleans. This fact, said Mr. B., would have been proved from the books of the bank, if they had been inspected. Failing in that, the proof was intelligibly found in the weekly returns. Mr. I>. took lip another table to prove the prosperity of the country : it was in the increase of specie since the programme for the distress had been published. That programme dated from the first day of October last, and the clear increase since that time is the one half of the whole quantity then in the United States. The imports had been ^11,128,291 ; the exports only $998,701. Mr. B. remarked, upon this statement, that it presented a clear gain of more than ten mil- lions of dollars. He was of opinion tlwit two millions ought to be added for sums not cnl.- ed at the custom-house, which would make twelve millions ; and added to the six millions of 1833, would give eighteen millions of specie of clear gain to the country, in the last twenty months. This, he said was prosperity. It was wealth it- self; and besides, it showed that the country was not in debt for its large importations, and that a larger proportion of foreign imports now consisted of specie than was ever known before. Mr. B. particularized the imports and exports of gold ; how the former had increased, and the latter diminished, during the last few months j and said that a great amount of gold, lioth for- eign and domestic, was now waiting in the coim- try to see if Congress wouM raise gold to its fair value. If so raised, this gold would remain and enter into cirodation ; if not, it would irn- meIr. B. with great emphasis, the deposits are not restored — the charter is not renewed — the distress is gone — and the distress speeches have ceased ! No more lamentation over the desola- tion of the land now; and a gentleman who Fhould undertake to entertain the Senate again in that vein, in the face of the present national piosperity — in the face of the present report from the Secretary of the Treasury — would be stared at, as the Trojans were accustomed to stare at the frantic exhibitions of Priam's dis- tracted daughter, while vaticinating the down- fall of Troy in the midst of the heroic exploits of Hector. At the conclusion of this speech Mr. Webster spoke a few words, signifying that foreigners might have made the importations which kept up the revenue ; and Mr. Chambers, of Mary- land, spoke more fully, to show that there was not time yet for the distress to work its effect nationally. Mr. Webster then varied his motion, and, instead of sending the Secretary's report to tho Finance Committee, moved to lay it upon the table : which was done : and being printed, and passed into tho newspapers, with the speech to emblazon it, hivd a great effect in bringing the panic to a close. CHAPTER CVIII. EEVIVAL OF THE GOLD CUEEENCT. A MEASURE of relief was now at hand, before which the machinery of distress was to balk, and cease its long and cruel labors : it was the passage of the bill for equalizing the value of gold and silver, and legalizing the tender of foreign coins of both metals. The bills were brought forward in the House by Mr. Campbell P. White of New- York, and passed after an ani- mated contest, in which the chief question waa as to the true relative value of the two mf^tals, varied by some into a preference for national bank paper. Fifteen and five-eighths to one was the ratio of nearly all who seemed best calcula- ted, from their pursuits, to understand the sub- ject. The thick array of speakers was on that side; and the eighteen banks of the city of New- York, with Mr. Gallatin at their head, fa- vored that proportion. The diflBculty of adjust ing this value, so that neither metal should ex- pel the other, had been the stumbling block for a great many years; and now this difficulty seemed to be as formidable as ever. Refined calculations were gone into : scientific light 'raa sought: history was rummaged back to the times of the Roman empire : and there seemi'd to be no way of getting to a concord of opinion either from the lights of science, the voice of his- tory, or the result of calculations. The author of this View had (in his speeches on the sub- ject), taken up the question in a practical point of view, regardless of history, and calculations, and the opinions of bank officers ; and looking to the actual, and equal, circulation of the two metals in different countries, he saw that this equality and actualit}' of circulation had existed for above three hundred years in the Sjianish dominions of Mexico and South America, where the proportion was IG to one. Taking his stand upon this single fact, as the practical test which solved the question, all the real fViends of the gold currency soon rallied to it. Mr. White gave up the bill which he had first introduced, and adopted the Spanish ratio. Mr. Clowncy of South Carolina, Mr. Gillet and Mr. Canibre- leng of New- York, Mr. Ewing of Indiana, Mr. McKim of Maryland, and other speakers, gave it a warm support. Mr. John Quincy Adams would vote for it, though he thought the gold was over-valued ; but if found to be so, the dif- ference could be corrected hereafter. The prin- cipal speakers against it and in favor of a lower rate, were Messrs. Gorham of Massachusetts ; Selden of New- York; Binney of Pennsylvania; and Wilde of Georgia. And, eventually the bill was passed by a large majority — 145 to 36. In the Senate it had an easy passage. Mr. Calhoun and Webster supported it : Mr. Clay opposed it: and on the final vote there were but seven neg- atives : Messrs. Chambers of Maryland ; Clay ; Knight of Rhode Island ; Alexander Porte of Louisiana; Silsbee of Massachusetts; Southard of New Jersey ; Sprague of Maine. The good effects of the bill were immediately seen. Gold began to flow into the country through all the channels of commerce : old chests gave up their hordes : the mint was busy : and in a few months, and as if by magic, a currency banished from the country for thirty years, overspr ad the land, and gave joy and coufldcncd n lii;iii n ift 'itii., m *' yt I If -J ' »M ' ^ 470 THIRTY TEARS' VIEW. to all the pursuits of industry. But this joy was not universal. A large interest connected with the Bank of the United States, and its sub- sidiary and subaltern institutions, and the whole paper system, vehemently opposed it; and spared neither pains nor expense to check its circulation, and to bring odium upon its sup- porters People were alarmed with counterfeits. Gilt coimters were exhibited in the markets, to alarm the ignorant. The coin itself was bur- lesqued, in mock imitations of brass or copper, with grotesque figures, and ludicrous inscriptions — the "whole hog" and the "better currency," being the favorite devices. Many newspapers expended their daily wit in its stale depreciation. The most exalted of the paper money party, would recoil a step when it was oflTercd to them, and beg for paper. The name of " Gold humbug" was fastened upon the person supposed to have been chiefly instrumental in bringing the derided coin into existence ; and he, not to be abashed, made its eulogy a standing theme — vaunting its excellence, boasting its coming abundance, to spread over the land, flow up the Mississippi, shine through the interstices of the long silken purse, and to be locked up safely in the farmer's trusty oaken chest. For a year there was a real war of the paper against gold. But there was some- thing that was an overmatch for the arts, or power, of the paper system in this particular, and which needed no persuasions to guide it when it had its choice: it was the instinctive feeling of the masses ! which told them that money which would jingle in the pocket was the right money for them — that hard money was the right money for hard hands — that gold was the true currency for every man that had any thing true to give for it, either in labor or property: and upon these instinctive feelings gold became the avidious demand of the vast operative and producing classes. CHAPTER CIX. REJECTION OF ME. TANEY, NOMINATED FOR BECRETARY OF THE TREASURY. A PRESENTTMKNT of what was to happen in- duced the I 'resident to delay, until near the end of the session, the nomination to the Senate of Mr. Taney for Secretary of the Treasury. He had offended the Bank of the United States too much to expect his confirmation in the present temper of the Senate. He had a right to hold back the nomination to the last day of the ses- sion, as the recess appointment was valid to its end ; and he retained it to the last week, not being willing to lose the able and faithful ser- vices of that gentleman during the actual ses- sion of Congress. At last, on the 23d of June, the nomination was sent in, and immediately re- jected by the usual majority in all cases in which the bank was concerned. Mr. Taney, the same day resigned his place ; and Mr. McClintock Young, first clerk of the treasury, remained by law acting Secretary. Mr. Benja- min Franklin Butler, of New- York, nominated for the place of attorney-general, was confirmed — he having done nothing since he came into the cabinet to subject him to the fate of liis predecessor, though fully concurring with the President in all his measures in relation to the bank. CHAPTER ex. SENATORIAL INVESTIGATION OF THE BANK OP THE UNITED STATE3. This corporation had lost so much ground in the public estimation, by repulsing the investi- gation attempted by the House of Representa- tives, that it became necessary to retrieve tlic loss by some report in its fiivor. The fricnils of the institution determined, therefore, to have an investigation made by the Senate— by the Fi- nance Committee of that body. In conformity to this determination Mr. Southard, on the last day of the session moved that that committee should have leave to sit during the recess of tho Senate to inquire whether the Bank of the Uni- ted States had violated its charter — whether it was a safe depository of the public moneys— and what had been its conduct since 1832 in re- gard to extension and curtailment ol loans, and its general management since that time. Tlie committee to whom this investigation was com- mitted, consisted of Messrs. "Webster, Tyler, Ewing, Mangum, and Wilkins. Of this com- mittee all, except the last named, were the op- ponents of the administration, friends of tho ^.1 '{ t ANNO 1834. ANDREW JACKSON, PRESIDENT. 471 ;tary of the Treasury. lie nk of the United States too confinnation in the piosent c. He had a right to hold 1 to the last day of the ses- ippointment was vaUd to its ed it to the last week, not le the able and faithful ser- man during the actual ses- A.t last, on the 23d of Juno, sent in, and immediately re- al majority in all cases in as concerned. Mr. Taney, gned his place ; and Mr. first clerk of the treasury, iting Secretary. Mr. Benja- er, of New- York, nominated )rney-general, was confirmed nothing since he came into jcct him to the fate of his 1 fully concurring with the 3 measures in relation to the PTER ex. ITIOATION OF THE BANK OF NITED STATES. lad lost SO much ground in jn, by repulsing the invcsti- y the House of Represcnta- le necessary to retrieve tlic t in its favor. The friends 2termined, therefore, to have le by the Senate— by the Fi- r that body. In conformity n Mr. Southard, on the last moved that that committee ) sit during the recess of tho lether the Bank of the Tni- ited its charter — whether it iry of the public moneys- its conduct since 1832 in re- id curtailment ol loans, and ment since that time. The this investigation was com- >f Messrs. Webster, Tyler, lid Wilkins. Of this com- c last named, were the op- amistration, friends of tho bank, its zealous advocates in all the questions between it and the government, speaking ar- dently in its favor, and voting with it on all questions during the session. Mr. Wilkins very properly refused to serve on the commit- tee ; and Mr. King r*" Alabama, being proposed in his place, also, and with equal propriety, re- fused to serve. This act of the Senate in thus undertaking to examine the bank after a re- pulse of the committee of the House of Repre- sentatives and still standing out in contempt of that House, and by a committee so composed, and so restricted, completed the measure of mortification to all the friends of the American Senate. It was deemed a cruel wound given to itself by the Senate. It was a wrong thing, done in a wrong way, and could have no result but to lessen the dignity and respectability of the Senate. The members of the committee were the advocates of the bank, and its public defenders on all the points to be examined. This was a violation of parliamentary law, as well as of the first principles of decency and propriety — the whole of which require crimina- tory investigations to be made, by those who make the accusations. It was to be done in va- cation ; for which purpose the committee was to sit in the recess — a proceeding without pre- cedent, without warrant from any word in the constitution — and susceptible of the most abusc- ful and factious use. The only semblance of precedent for it was the committee of the House in 1824, on the memorial of Mr. Ninian Ed- wards against Mr. Crawford in that year ; but that was no warrant for this proceeding. It was a mere authority to an existing commit- tee which had gone through its examination, and made its report to the House, to continue its session after tho House adjourned to take the deposition of the principal witness, detained by sickness, but on his way to the examination. This deposition tho committee were to take, publish, and be dissolved ; and so it was done accordingly. And even this slight continuation of a committee Was obtained from the House with difficulty, and under the most urgent cir- cumstances. Mr. Crawford was a candidate for the presidency ; the election was to come on before Congress met again ; j\Ir. Edwards had made criminal charges against him ; all the tes- timony had been taken, except that of Mr. Ed- wards himself; and he had notified the com- mittee that he was on his way to appear befors them in obedience to their summons. And it was under these circumstances that the existing committee was authoj'ii;ed to remain in ses- sion for his arrival — to receive his testimony — publish it — and dissolve. No perambulation through the country — no indefinite session — no putting members upon Congress per dieins and mileage from one session to another. Wrong- ful and abuseful in its creation, this periptk- tetic committee of the Senate was equally so in its composition and object. It was composed of the advocates of the bank, and its object evi- dently was to retrieve for that institution a part of the ground which it had lost ; and was so viewed by the community. The clear-sight- ed masses saw nothing in it but a contrivance to varnish the bank, and the odious appella- tion of " wliitewashing committee" was fasten- ed upon it. CHAPTER CXI. DOWNFALL OF THE BANK OF TUE UNITED STATES. When the author of the ylineid had shown the opening gradeur of Rome, he deemed himself justified in departing from the chronological order of events to look ahead, and give a glimpse of the dead Marcellus, hope and heir of the Augustan empire ; in the like manner the writer of this View, after having shown the greatness of the United States Bank — exempli- fied in her capacity to have Jackson condemned — the government diiectors and a secretary of the treasury rejected — a committee of the House of Representatives repulsed — the country con- vulsed and agonized — and to obtain from the Se- nate of the United States a committee to proceed to tlie city of Philadelphia to " wash out its foul linen;" — after seeing all this and beholding the greatness of the moneyed power at the culmina- ting point of its domination, I feel justified in looking ahead a few years to see it in its altered phase — in its ruined and fallen estate. And this shall be done in the simplest form of ex- hibition ; namely : by copying some announce- ments from the Philadelphia papers of the day. Thus: 1. "Resolved (by the stockholders), that ll-^' 472 THIRTY YEARS' VIEW. [n. llf 'A <'* iflfl lii : it is expedient for the Bank of ,e United States to malie a general asisigmnent of the real and personal estate, goods and chattels, rights and credits, whatsoever, and whcresover, of the said corporation, to five persons, for the paj'ment or securing of the debts of the same — agreeably to the provisions of the acts of Assembly of this commonwealth (Pennsylvania)." 2. "It is known that measures have been taken to rescue the property of this shattered institution from imi)eiiding peril, and to recover as much as pos- sible of those enormous bounties which it was conceded had been paid by its late managers to trading politicians and mercenary publishers for corrupt services, rendered to it during it."» char- ter-seeking and electioneering campaigns." 3. " The amount of the suit instituted by the Bank of the United States against Mr. N. Biddle is $11,018,000, paid out during his administration, for wliich no voucliers can be found." 4. " The United States Bank is a perfect wreck, and is seemingly the prey of the officers and their friends, which are making away with its choicest assets by selling them to each other, and taking pay in the depreciated paper of the South." 5. " Besides its own stock of 35,000,000, which is sunk, the bank cai'ries down with it a great many other institutions and companies, involving a loss of about 21,000,000 more — making a loss of 50,000,000 — besides injuries to individuals." 6. " There is no price for the United States Bank stocL Some shares are sold, but as lot- tery tickets would be. Tlie mass of the stock- holders stand, and look on, as paseengers on a ship that is going down, and from which there is no escape." 7. " By virtue of a writ of ven- ditioni crponas, directed to the sheriff of tho city and county of Philadelphia, will be exposed to public sale to the highest bidder, on Friday, the 4th day of November next, the marble house and the grounds known as the Bank of the United States, &c." 8. " By virtue of a writ of levari fiicias^ to me directed, %vill be exposed to public sale the estate known as 'Andalusia,' ninety-nine and a half acres, one of the most highly improved places in Philadelphia; the mansion-house, and out-houses and offices, all on the most splendid scale ; the green-houses, hot- houses, and conservatories, extensive and useful ; taken as the property of Nicholas Biddle." 9. •* To the honorable Court of General Sessions. The grand jury for the county of Philadelphia. ivspectfully submit to the con it, on their oaths and affirmations, that certain officers connected witli the United States Bank, have been guilty of a gross violation of the law — colluding to- gether to defraud those stockholders who had tnisted their property to be preserved by them. And that there is good ground to warrant a prosecution of such persons for criminal offences, which the grand jury do now present to the court, and ask that the attorney-general be di- rected to send up for the action of the grand jury, bills of indictment against Nichf'las Biddle. Samuel Jaudon, John Andrews, and others, to the gi-and jury unknown, for a conspiracy to defraud the stockholders in the Bank of the United States of the sums of, &c." 10. Bills of indictment have been found against Nicholas Biddle, Samuel Jaudon and John Andrews, ac- cording to the presentment of the grand jury ; and bench warrants issued, which have been executed upon them." 11. "Examination of Nicholas Biddle, and others, before Recorder Vaux. Yesterday afternoon the crowd and excitement in and about the court-room where the examination was to take place was even greater than the day before. The court-room doors were kept closed up to within a few min- utes of four o'clock, the crowd outside blocking up every avenue leading to the room. "Wlicn the doors were thrown open it was immediately filled to overflowing. At four tlie Recorder took his .seat, and announcing that he was ready to proceed, the defendants were called, and sev- erally answered to their names, &c." 12. "On Tucsdaj', the 18th, the examination of Nicholas Biddle and others, was continued, and conclud- ed ; and the Recorder ordered, that Nicholas Biddle, Thomas Dunlap, John xVndrews, Samuel Jaudon, and Joseph Cowperthwaite, each enter into a separate recognizance, with two or more sufficient sureties, in the sum of $10,000, for their appearance at the present session of the court of general sessions for the city and county of Philadelphia, to answer the crime of which they thus stand charged." 13. " Nicholas Bid- dle and those indicted with him have been carried upon writs of habeas corpus before the Judges Barton, Conrad, and Doran, and discharged from the custody of the sheriff." 14. " The criminal proceedings against these former officers of tlie Bank of the United States have been brought to a dose. To get rid of the charges against them >„(■ ANNO 1834. ANDREW JACKSON, PRESIDENT. 473 to the comt. on their oaths it certain oflicers connected te.s Bank, have lieen guilty 1 of the law — colluding to- lose stockholders who had ;y to be preserved by them. 50od ground to warrant a )ersons for criminal offences, ry do now present to the the attorney-general be di- >r the action of the grand ent against Nicholas Biddle, n Andrews, and others, to inown, for a conspiracy to olders in the Bank of the sums of, &c." 10. Bills of en found against Nicholas Ion and John Andrews, ac- (ntment of the grand jury ; 3 issued, which have been n." 11. "Examination of id others, before Recorder afternoon the crowd and 30ut the court-room whore IS to take place was even y before. The court-room ied up to within a few min- the crowd outside blocking ding to the room, "When wn open it was immediately At four the Recorder nouncing that he was ready dants were called, and sev- leir names, &c." 12. "On le examination of Nicholas as continued, and conclud- cr ordered, that Nicholas ap, John Andrews, Samuel Cowpcrthwaite, each enter nizance, with two or more the sum of $10,00(1, for the present session of the ons for the city and county nswer the crime of which ged." 13. " Nicholas Bid- with him have been carried ' corpus before the Judges )oran, and discharged from riff." 14. " The criminal hese former officers of the tates have been brought to f the charges against them without trial of the facts against them, before a jury, they had themselves surrendered by their bail, and sued out writs of habeas corpus for the release of their persons. The opinions of the judges, the proceedings having been con- cluded, were delivered j'esterday. The opinions of Judges Barton and Conrad was for their dis- charge ; that of Judge Doran was unfavorable. They were accordinglj' discharged. The indig- nation of the community is intense against this escape from the indictments without jury trials." CHAPTER CXII. DEATH OF JOHN RANDOLPH, OF EOANOAKE. He died at Philadelphia in the summer of 1833 — the scene of his early and brilliant apparition on the stage of public life, having commenced his parliamentary career in that city, under the first Mr. Adams, when Congress sat there, and when he was barely of an age to be admitted into the body. For more than thirty years he was the political meteor of Congress, blazing with undiminished splendor during the whole time, and often appearing as the "planetary plague " which shed, not war and pestilence on nations, but agony and fear on members. His sarcasm was keen, refiined, withering — with a great tendency to indulge in it ; but, as he be- lieved, as a lawful parliamentary weapon to effect some desirable purpose. Pretension, meanness, vice, demagogism, were the frequent subjects of the exercise of his talent ; and, when confined to them, he was the benefactor of the House. Wit and genius all allowed him ; sagacity was a quality of his mind visible to all observers — and which gave him an intuitive insight into the effect of measures. During the first six years of Mr. Jetl'er.-on's administration, he was the "Murat" of his party, brilliant iu the charge, and always ready for it; and valued in the council, as well as in the field. He was long the chairman of the Committee of Ways and Jleans — a place always of labor and responsi- bility, and of more then than now, when the elements of revenue were less abundant ; and no man could have been placed in that situation during Mr. Jefferson's time whose known saga- city was not a pledge for the safety of bis lead in the most sudden and critical circumstances. He was one of those whom that eminent states- man habitually consulted during the period of their friendship, and to whom he carefully com- municated his plans before they were given to the public. On his arrival at Washington at the opening of each session of Congress during this period, he regularly found waiting for him at his established lodgings — then Crawford's, Georgetown — the card of Mr. Jefferson, with an invitation for dinner the next day ; a dinner at which the leading measures of the ensuing ses- sion were the principal topic. Mr. Jefferson did not treat in that way a member in whose sagacity he had not confidence. It is not just to judge such a man by ordinary rules, nor by detached and separate incidents in his life. To comprehend him, he must be judged as a whole — physically and mentally — and un- der many aspects, and for his entire life. He was never well — a chronic victim of ill health from the cradle to the grave. A letter from his most intimate and valued friend, Mr. Macon, written to me after his death, expressed the be- lief that he had never enjoj-ed during his life one day of perfect health — such as well people enjoy. Such life-long suffering must have its effect on the temper and on the mind ; and it had on his — bringing the temper often to the querulous mood, and the state of his mind some- times to the question of insanity ; a question which became judicial after his death, when the validity of his will came to be contested. I had my opinion on the point, and gave it responsibly, in a deposition duly taken, to be read on the trial of the will ; and in which a belief in his insanitj', at several specified periods, was fully expressed — with the reasons for the opinion. 1 had good opportunities of forming an opinion, living in the same house with him several years, having h;r, confidence, and seeing him at all hours of the day and night. It also on several occasions became my duty to study the ques- tion, with a view to govern my own conduct un- der critical circumstances. Twice he applied to me to carry challenges for him. It would have been inhuman to have gone out with a man not in his right mind, and critical to one's self, as any accident on the giound might seriously com- promise the second. My opinion was fixed, of occasional temporary aberrations of mind j and ,^' ' I; V 1 ' ' ! J' Mi^ IVl^^i nil A ' 'M. l\0 474 « THIRTY YEARS' VIEW. during such periods he would do and say strange things — iMit always in his own way — not only method, but genius in his fantasies : nothing to bespeak a bad heart, but only exaltation and ex- citement. The most brilliant talk that I ever heard from him came forth on such occasions — a flow for hours (at one time seven hours), of copious wit and classic allusion — a perfect scat- tering of the diamonds 6f the mind. I heard a friend remark on one of these occasions, " he has wasted intellectual jewelry enough here this evening to equip many speakers for great ora- tions." I onco sounded him on the delicate point of his own opinion of himself: — of course when he was in a perfectly natural state, and when he had said something to permit an ap- proach to such a subject. It was during his Ia.st visit to Washington, two winters before he died. It was in my room, in the gloom of the evening light, as the day was going out and the lamps not lit — no one present but ourselves — he re- clining on a sofiv, silent and thoughtful, speak- ing but seldom, and I only in reply, I heard him repeat, as if to himself, those lines from John- son, (which in fact I had often heard from him before), on "Senility and Imbecilit}'," which show us life under its most melancholy form. "In life's last scenes wliat prodigies surprise, Fears of the brave, and follies of the wisel From Marlborough's eyes the stroamfl of dotage flow, And Swift expires, a driveller and a show. " When he had thus repeated these lines, which he did with deep feeling, ai d in slow and mea- sured cadence, I deemed it excusable to make a remark of a kind which I had never ventured on before; and said: Mr. Randolph I have several times heard you repeat these lines, as if they could have an application to yourself, while no person can have less reason to fear the fat>: of Swift. I said this to sound him, and to see what ho thought of himself. His answer was : " I have lived in dread of insanity." That answer was the opening of a sealed book — re- vealed to me the source of much mental agony that I had seen him undergo. I did deem him in danger of the fate of Swift, and from the same cause as judged by his latest and greatest biographer, Sir Walter 3cott. His parliamentary life was resplendent in talent — elevated in moral tone — always moving on the lofty line of honor and patriotism, and scorning every thing mean and selfish. lie wa.s the indignant enemy of personal and plunder legislation, and the very scourge of intrigue and corruption. He reverenced an honest man in the humblest garb, and scorned the dishonest, though plated with gold. An opinion was pro- pagated that he was fickle in his friendships. Certainly there were some capricious changes ; but far more instances of steadfast adherence. Ilis friendship with Mr. Macon was historic. Their names went together in life -live together in death — and are honored together, most by those who knew them best. AVith Mr. Taze- well, his friendship was still longer than that with Mr. Macon, commencing in boyhood, and only ending with life. So of many others ; and pre-eminently so of his neighbors and constitu- ents — the people of his congressional district- affectionate as well as faithful to him ; electing him as they did, from boyhood to the grave. No one felt more for friends, or was more soli- citous and anxious at the side of the sick and dying bed. Love of wine was attributed to him ; and what was mental excitement, was re- ferred to deep potations. It was a great error. I never saw him affected by wine — ^not even to the slightest departure from the habitual and scrupulous decorum of his manners. His tem- per was naturally gay and social, and so in- dulged when suffering of mind and body per- mitted. He was the charm of the dinner-table, where his cheerful and sparkling wit delighted every car, ht up every countenance, and detained every guest. He was charitable ; but chose to conceal the hand thtt ministered relief. I have often seen him send little children out to give to the poor. He was one of the large slaveholders of Vir- ginia, but disliked the institution, and, when let alone, opposed its extension. Thus, in 1803, when as chairman of the committee which re- ported upon the Indiana memorial for a tempo- rary dispensatior- from the anti-slavery part of the ordinance of 1787, he puts the question upon a statesman's ground ; and reports against it, in a brief and comprehensive argument : "That the rapid population of the State of Oliio sufficiently evinces, in the opinion ofyoui committee, that the labor of the slave is not necessary to promote the growth and settle- ment of colonies in that region. That this la bor, demonstrably the dearest of any, can only be employed to advantage in the cultivation of !„'|l mean and selfish. lie was J of personal and plunder cry scourge of intrigue and ercnced an honest man in nd scoined the dishonest, ;old. An opinion was pro- I fickle in his friendships. ! some capricious changes; :es of steadfast adherence. . Mr. Macon was hihtoric. gethcr in life -live together honored together, most by ;m best. "With Mr. Taze- was still longer than that nmencing in boyhood, and I. So of many others ; and his neighbors and constitu- his congressional district- as faithful to him ; electing om boyhood to the grave. r friends, or was more soli- at the side of the sick and of wine was attributed to mental excitement, was re- ions. It was a great error, ectcd by wine — not even to ,ure from the habitiial and of his manners. His tem- gay and social, and so in- ing of mind and body pcr- charm of the dinner-table, md sparkling wit delighted countenance, and detained as charitable ; but chose thtt ministered relief. I send little children out to large slaveholders of Vir- the institution, and, when extension. Thus, in 1803, of the committee which re- iana memorial for a tenipo- jm the anti-slavery part of r87, he puts the question ;round ; and reports against prehensive argument : copulation of the State of ices, in the opinion of your J labor of the slave is not te the growth and settle- that region. That this la 16 dearest of any, can only mtage in the cultivation of ANNO 1834. ANDREW JACKSON, PRESIDENT. 475 products more valuable than any known to that quarter of the United States : and tlie commit- tee deem it highly dangerous and inexpedient to impair a provision wisely calculated to pro- niote the happiness and pror^perity of the north- western country, and to give strength and secu- rity to that extensive frontier. In the salutary operation of this sagacious and benevolent re- Btraint, it is believed that the inhabitants of Indiana will, at no very distant day, find ample remuneration for a temporary privation of labor and emigration." He was against slavery; and by his will, both manumitted and provided for the hundreds which he held. But he was against foreign in- terference with his rights, his feelings, or his duties ; and never failed to resent and rebuke such interference. Thus, ho was one of the most zealous of the opposers of the proposed Missouri restriction; and even voted against the divisional line of " thirty-six thirty." In the House, when the term " slaveholder " would be reproachfully used, he would assume it, and re- fer to a member, not in the parliamentary phrase of colleague, but in the complimentary title of " my fellow-slaveholder." And, in London, when the consignees of his tobacco, and the slave fac- tors of his father, urged him to liberate his slaves, he quieted their intrusive philanthropy, on the spot, by saying, " Yes : you buy and set free to the amount of the money you have receiv- ed from my father and his estate for these slaves, and I will set free an equal number."'' In his youth and later age, he fougi.; duels: in his middle life, he was against them ; and, for a while, would neither give nor receive a challenge. He was under religious convictions to the contrary, but finally yielded (as he be- lieved) to an argument of his own, that a duel was private war, and rested upon tho same basis as public war ; and that both were allow- able, when there was no other redress for in- sults and injuries. That was his argument; but I thought his relapse came more from feel- ing than reason ; and especially from the death of Decatur, to whom he was greatly attached, and whose duel with Barron long and greatly excited him. He had religious impressions, and a vein of piety which showed itself more in pri- vate than in external observances. He was ha- bitual in his reverential regard for the divinity of our religion ; and one of his beautiful expres- sions was, that, " If woman had lost us para- dise, she had gained us hea.-en." The Bible and Shakespeare were, in his latter years, hia constant companions — travelling with him on the road — remaining with him in the chamber. The last time I saw him (in that lust visit to Washington, after his return from the Kussian mission, and when he was in full view of death), I heard him read the chapter in the Revelations (of the opening of the seals), with such pow- er and beauty of voice and deliverj-, and such depth of pathos, that I felt as if I had never heard the chapter read befon . When he had got to the end of the opening of the sixth seal, he stopped the reading, laid the book (open at the place) on his breast, as he lay on his bed, and began a discourse upon the beauty and sublimity of the Scriptural writings, compared to which he considered all human compositions vain and empty. Going over the images pre- sented by the opening of the seals, he averred that their divinity was in their sublimity — that no human power could take the same images, and inspire the same awe and terror, and sink ourselves into such nothingness in the presence of the " wrath of the Lamb " — that he wanted no proof of their divine origin but the sublime feelings which they inspired. CHAPTER CXIII. DEATH OF ME. WIUT. He died at the age of sixty-two, after having reached a place in the first line at the Virginia bar, where there were such lawyers as "Wick- ham, Tazewell, Watkins Leigh ; and a place in the ft'ont rank of the bar of the Supreme Court, where there were such jurists as Webster and Pinkney; and after having attained the high honor of professional preferment in the appoint- ment of Attorney General of the United States under the administration of Mr. Monroe. His life contains instructive lessons. Born to no advantages ?f wealth or position, he raisna him- self to wha^ he became by his own exertions. In danger of falling into a fatal habit in early life, he retrieved himself (touched by the noblo generosity of her who afterwards became his admired and beloved wife), from the brink of the abyss, and became the model of every do- mestic virtue; with genius to shiu« without 47() TinilTY YKARS' VIF,W. h ,t . *«' la1)i>r, lu' yot consiilcrod pcnius notliinp; without Iiilxu', mill gnvr through lifo ii litborious iiiiplica- tioii to tlu' study of tlie law n8 a scu'ikv, and to onch iiartioular oaso in whicli ho was ivor ini- lijoyi'd. Tho olif^nut jMirsuits of liti'raturi" of- o\i|)iod tho niouu'uts takon fituu jirofosnional studios and Inlxu's. and j;avo to tho loadiun |)nl>- lio sovoral admired productinns, of which tho lonp-dosirod and hoautiful ''l.ifo of Patriok Honry," was tho most ooufiidoraMo : a jjraloful coiniuomoration of Viiginia's groatost oratof, Avhioli has hoon justly irpaid to ono of hor lirst class orators, bv Mr. Koiinodv of Maryland, in hi-i olassio " Lifo of William Wirt." How (jrato- ful tt) soo oitizons, thus ougapod in laborious profossions, snatohinu monionts from thoir daily labors to do Jiislioo to tho illustrious doad — to onlighton postority by thoir history, and on- oonrago it by thoir oxaniplo. Worthy of his political and litorary ominonco, and its most shininjr and orowuiug ornamont, was tho stato of his doniostio relations — iwomplar}- in ovory thiup: that gives joy and docornm to tho pruuto family, and rowardolishod. I'nsullied in every thing which iv;iards professional honor and in- tegrity, patient of laboi.and rich in those stores of learning, which are tho reward of patient labor and patient labor only ; and if equalled. yet certainly allowed not to bo excelled, in fer- vent, animated and persuasive eloquence, he has left an example which those who seek to raise themselves to great heights of professional emi- nence, will, hereafter emulouslj st'tdy. For- tunate, indeed, will ho tho few, whoKhnll iinitato it suocossfully ! " As a public num, it is not our peculiar duty to speak of Mr. Wirt hero. IMh character in that respect belongs to his country, und to the liistory of his coimtry. And. sir, if «i> wore to sj)eak of him iu his |irivate life, inul in his social relations, all wo co!durreganl. Lotus h)so no time in te.sti lying our sense uf oiu' lo«s, and in expressing t)ur grief, that one groat light of our profession is extinguished for- ever ,. " CHAPTER CXIV. Dli.^TII OK TIIK 1.,\!. 1 1 in tlmrnrttr in UK to Ills coimtry, uiid in countrv. And. sir, if wi^ liin ill ids |iriviili' lifi-, iiml iH, nil MO oonld pKHsildy Miy I kindiioss, tlu> fidthfidiuss iid till' wiiniitii of Ids idlic- y soi'iii sntliciriilly Htnini; im Jtistii'o, ill tlifftclinfjiiii,! wild, s«'|mriiliMi, now forever in only I'liwhriiu- ids nioinory arts. Nor niny wo, sir, imuo ; otiior roliilion, wldoli \iv liolonn's to lis all ; tliiit lii;;h liilion, wliioli coniuTts man It limy lio iH'iiidttod iis, liow- I'lisnroof ivooi'dinn IiIk naini\ loop sonso of rolij;io\iH duty, his liopos of llio fiitiiro, in 10 doctrinofl of Clirislianity, lar f ios to liini woiv tlio tiosof ' was our brollior, and ho was iilontsi>oworfid onoiiuli toox- thoslroii};o.M,witliaKindiic.-s f niannor oajiahlo of wariiiini; ildost of his lirolhron, ho has torni of his profossioiial lil'i-, oxistoiK'O, in tho onjoyiiiiiit and oordial ailootions of us . sir, liaston to \i;NrE. July 4tli, 1 82(5— just fifly it — but throe of tlie iil'ty-six ntinental Coiijircss of 177G Joclaration of Indopcndoncc. the evcninp; of tliat day ,t one — Cliarlos Carroll, of id ; then a full score beyond of nianlj' life, and destined si:c good years. It liaslieen signers of the Doclaration" stencc seems to have been blessed with long life and ed with the public esteem. raixod to tho hiKhost dignities of tho Stales and i,f llio fodenil governnioiit, happy in thoir i>m- tority, nnd liitppy in tlio view of tho groat and |iror<|HTOiiH eoiintry whieli thoir labors had brought into existoneo. Among these, so feli- oitiiiis and so illustrious, he was one of the niosl nappy, and aiiiong the most dlstinguishod. lie cnjiivotl the honors of his pure and patriot life in all thoir forms ; iigo, and health, and mind, f(ir sixtoon years beyond that foiirseorc wliieh brings labor and sorrow and weakness to man; amiilo forliino ; piiblio honors in tilling the higli- tvttillioos of his State, and a seat in the Senate of tlio United States ; private enjoyment in an honorable and brilliant posterity. Korn to for- tune, and to (ho eare of wise and good parents, he had all the advantages of edueation whieli tlie rolloges of Kraiioe and tho '• Inns of t'ourt " of London could give. With every thing to lose in unsuccessful robillion, ho risked all from the first o|)eiiiiig of tho contest with tho mother country: and when ho walked up to the secre- tary's table to sign the paper, which might bifiune a death-warrant to its authors, the re- mark was made, " there go some millions." And his signing was a privilege : I'ltlCSIDICNT'S Ml'-SSAdh;. 'I'owAUDS tlio clo.se of tho previous sesHion, Mr. Stevenson had resigned the place of sponker of tlie House of Kepresentntives in consoipuMK'e of his nomination to bo minister plenipotentiary and envoy extriuirdinary to the court of St. .JanioH a noinimition th<;ii rejected by the Senate, but siibseipieiitly contlrmod. Mr. .lolin Itell of Tennessee, was elected speaker in his place, hi.s principal competitor being Mr. .lames K. Polk of the same State: and, with this dill'erence in its organization, the House mot nt the usual time — the ilrst Monday of December. Tho Cabinet then stood : John Forsyth, Sec-retary of Slate, ill place of Louis McLaue, resigned ; Levi Woodbury, Secretary of the Treasury ; Lewis Cass, Secretary nt War; Mahlon Dickerson, Secretary of the Navy ; William T. Harry, Post Master (ienoral ; lieiijaniin Fiunklin ISuller, Attorney (Jencral. The condition of our afliiirs with France, was the prominent feature of tho mes.sage, and prosontcfl the relations of the United States with that power under a .serious aspect. T'he indemnity stipulated in the treaty of 1831 had not been paid — no one of the instalments ; — and the President laid the subject before Con- gress for its consideration, and action, if de;'inod necessary. '' I regret to say that the pledges made through the minister of France have not been redeemed. The new Chambers met on the 15 1st July last, and although the subject of fullilling treaties was alluded to in the speech from the throne, no at- tempt was made by the King or his Cabinet to procure an appropriation to carry it into execu- tion. The reasons given for this omi.ssion, al- though they might bo considered siidicieiit in an ordinary case, arc not consistent with tho expectations founded upon the assurances given here, for there is no coustitutioual obstacle to >i] 478 THIRTY YEARS' VIEW. ill m (A i.f':>r'i entering into Icpislativo business nt the first nieotinfr of t lie CImmlxjrs. This jioint, however, mi^ht hiiM- Ipci'ii overlooked, had not the Cham- berH, instead of ))ein|T; called to meet at so early a ilay tliut the result of their delilwrations might bo communicated to me before the meeting of Congress, been prorog\ied to the 2!)th of the present month — a period 8o late that their de- cision can scarcely l)e made known to the prcseift Congress prior to its dissolution. To avoid this delay, our minister in Paris, in virtue of the npsuiance given by the French minister in the United States, strongly urged the convocation of the Chambers nt an earlier day, but without success. It is proper to remark, however, that this refusal has been accompanied with the most positive assurances, on the part of the Executive government of France, of their intention to press the appropriation at the ensuing session of the Chambers. "If it shall be the pleasure of Congress to await the finther action of the French Chambers, no further consideration of the subject will, at this session, probably be required at your hands. But if, from the original delay in asking for an approjiriation ; froni the refusal of the Chambers to grant it when asked; from the omission to bring the subject before tlie Chambers at their last session ; from the fact that, including that session, there have been five ditl'erent occasions when the apj)ropriation might have been made ; and from the delay in convoking the Chambers until some weeks after the meeting of Congress, when it was well known that a communication of the whole subject to Congress at the last f,es- sion was prevented by assurances that it should be disposed of before its present meeting;, you should feel j'ourselVes constrained to doubt whether it be the intention of the French govern- ment in all its branches to carry the treaty into effect, and think that such measures as the occa- sion may be deemed to call for should be now adopted, the impf)rtant question arises, what those measures shall be." The question then, of further delay, waiting on the action of France, or of action on our own part, was thus referred to Congress ; but under the constitutional injunction, to recommend to that body the measures he should deem neces- sary, and in compliance with his own sense of duty, and according to the frankness of his tem- per, he fully and categorically gave his own opinion of what ought to be done ; thus : " It is my conviction that the United States ought to insist on a prompt execution of the treaty ; and, in case it be refused, or longer de- layed, take redress into their own hands. Af- ter the d -'lay, on the pai-t of France, of a quarter of a century, in acknowledging these claims by treaty, it is not to be tolerated that another quai'ter of a century is to be wasted in nego- tiating about the payment. The laws of nationi provide a remedy for such occasions. It is a well-settled principle of the international code, that where one nation owes another a liquidatwl debt, which it refuses or neglects to pay, (he aggrieved party may .seize on the property be- longing to the other, its citizens or subjects, sufficient to pay the debt, without giving just cause of war. This remedy has been repeatedly resorted to, and recently by France herself to- wards Portugal, under circumstances less un- questionable." ''Since Franco, in violation of the pledges given through her minister hero, has delaywl her final action so long that her decision will not probably be known in time to be comnunii- cated to this Congress, I recommend that a law bo passed authorizing reprisals upon French property, in case provision shall not be made for the payment of the debt at the npi)roa('liing session of the French Chambers. Such a nitu- sure ought not to be considered by France as a menace. Iler pride and power are too well known to expect any thing from her fears, and preclude the necessity of the declaration that nothing partaking of the character of intimida- tion is intended by us. She ought to look upon it 08 the evidence only of an inflexible deter- mination on the part of the United States to in- sist on their rights. That Government, by do- ing only what it has itself acknowledged to be just, will be able to spare the United States the necessity of taking redress into their own hands, and save the property of French citizens from that seizure and sequestration which American citizens so long endured without retaliation or redress. If slie should continue to refuse that act of acknowledged justice, and, in violation of the law of nations, make reprisals on our part the occasion of hostilities against the United States, she would but add violence to injustice, and could not fail to expose herself to the just censure of civilized nations, and to the retribu- tive judgments of Heaven.'' In making this recommendation, and in look- ing to its possible result as producing war be- tween the two countries, the President showed himself fully sensible to all the considerations which should make such an event deplorable between powers of ancient friend«3hip, and their harmony and friendship desirable for the sake of the progress and maintenance of liberal po- litical systems in Europe. And on this point he said: "Collision with France is the more to be re- gretted, on account of the position she occupies in Europe in relation to liberal institutions. But in maintaining our national rights and hon or, all governments are alike to us. If, by a collision with France, in a case where she is ANNO 1831. ANDREW JACKSON, PRESIDENT. 479 vmcnt. The laws of nations or fitich occasions. It is a of the international coiic, m owes another a liqnidutwl jcs or neglects to |)ay, the Y seize on the property be- or, its citizens or subjects, debt, without pivin),'just remedy has been repeatedly ;ently by France herself to- der circumstances less un- n violation of the pk'dp;ps minister hero, has delaywl long that her decision will own in time to be coniniiiiii- Lss, I recommend that a law ;inp; reprisals upon French ovision shall not be made for 10 debt at the api)rotteliinf; ich Chambers. Such a niiu- )o considered by France as a Ic and power are too well ny thing from her fears, and sity of the declaration that of the character of intiniida- us. She ought to look upon only of an inflexible detcr- rt of tho United States to in- 1. That Government, by do- as itself acknowledged to he ) spare the United States the redress into their own hands, erty of French citizens from questration which American lured without retaliation or lould continue to refuse that id justice, and, in violation of make reprisals on our part )stilitie8 against the United 3ut add violence to injustice, to expose herself to the just nations, and to the retribu- eaven.'' ccommendation, and in look- •csult as producing war hc- ntries, the Trcsidcnt showed e to all the considerations such an event deplorable ancient friend-ship, and their ship desirable for the sake maintenance of liberal po- urope. And on this point he ranee is the more to be rc- of tho position she occupies tion to liberal institutions, our national rights and hon are alike to us. If, by a ice, in a case where she is cleftvly in the wrong, tho march of liberal prin- ciiilt'S shall be impeded, the responsibility for thiit result, as well as every other, will rest on her owu head." This state of our relations with Franco gave rise to some animated proceedings in our Con- preBS, ''hich will be noticed in their proper place. The condition of the finances was shown to bo good — not oidy adequate for all the purposes of tho goverimient and the complete extinguish- ment of the remainder of tho public debt, but still leaving a balance in tho treasury equal to one fourth of tho annual income at the end of the year. Thus : " According to the estimate of the Treasury Department, the revenue accruing from all sources, during the present year, will amount to twenty millions six hundred and twenty-four thousand seven hundred and seventeen dollars, which, with the balance remaining in the Trea- sury on the first of January last, of eleven mil- lions seven hundred and two thousand nine hun- dred and five dollars, produces an aggregate of thirty-two millions three hundred and twenty- seven thousand six hundred and twenty-three dollars. The total expenditure during the year for all objects, including the public debt, is esti- mated at twcnty-iive millions five hundred and ninety-one thousand three hundred and ninety dollars, which will leave a balance in the Trea- sury on the first of January, 1835, of six mil- lions seven hundred and thirty-six thousand two hundred and thirty-two dollars. In this balance, however, will be included about one million one hundred and fifty thousand dollars of what was heretofore reported by the depart- ment as not efi'ective." This unavailable item of above a million of dollars consisted of local bank notes, received in payment of public lands during the years of general distress and bank suspensions from 1819 to 1822 ; and the banks which issued them hav- ing failed they became worthless; and were finally dropt ftx)m any enumeration of the con- tents of the treasury. The extinction of the public debt, constituting a marked event in our financial history, and an eia in the state of the treasury, was looked to by the President as the epoch most proper for the settlement of our doubtful points of future policy, and the in- auguration of a system of rigorous economy : to which effect the message said : " Free from public debt, at peace with all the world, and with no complicated interests to con- sult in our intercourse w ith foreign powers, the present may be hailed as the epoch in our his- tory tho most favorable for tho settlement of those principles in our domestic policy, which shall Ihj best calculateil to give stability to our re|)ublic, and secure the blessings of freedom to our citizens. While we are felicitjiting our- selves, therefore, upon the extinguishment of tho national debt, and the prosjjorous state of our finances, let us not be tempted to depart from those sounds maxims of i)ublic poficy, which enjoin a just adaptation of the revenue to the expenditures that are consistent with a rigid economy, and an entire abstinence fioni all toj)- ics of legislation that are not clearly within tho constitutional powers of tho CJovernment, and suggested by the wants of the country. Properly regarded, under such a policy, every diminution of the public burdens arising from taxation, gives to individiml enterprise increased power, and furnishes to all tho members of our happy confederacy, new motives for patriotic allection and su|)port. But, above all, its most important elfect will bo found in its influence upon tho character of the Government, by confining its ac- tion to those objects which will be sure to securo to it tho attachment and support of our fellow- citizens." The President had a new cause of complaint to communicate against the Bank of the United States, which was the seizure of the dividends due the United States on the public stock in the institution. The occasion was, the claim for damages which the bank set up on a pro- tested bill of exchange, sold to it on the faith of the French treaty ; and which was protested for non-payment. Tho case is thus told by tho President : "To the needless distresses brought on the country during the last session of Congress, has since been added the open seizure of tho dividends on the public stock, to the amount of $170,041, under pretence of paying damages, cost, and interest, upon the protested French bill. This sum constituted a portion of the es- timated revenues for the year 1834, upon which the appropriations made by Congress were based. It would as soon have been expected that our collectors would seize on the customs, (X the receivers of our land offices on the moneys arising from the sale of public lands, under pretences of claims against the United States, as that the bank would have retained the dividends. Indeed, if the principle be esta- blished that any one who chooses to set up a claim against the United States may, without authority of law, seize on the jmblic property or money wherever he can find it, to pay such claim, there will remain iio assurance that our revenue will reach the treasury, or that it will be applied after the appropriation to the pur- poses designated in the law. The j)ayniaster8 of our army, and the pursers of our navy, may, 480 TlIinTY YEARS' VIKII*. uikUt Iik(! prutt'iiccH, njiply to tlair own use luoncyM n|)|>iiipiiated to not in motion tin* |>ul»- lic foiTf. iiiid in time of war li-avo tlic country without tlifenco. ThiH munNiirt', reHt)rttM| to \>y the llunii, is (li.sorKanixing und revolutionary, nnilj if neniTulIy roHorti-fi to iiy privnte citiziiis in hko cusos, woulil fill the liind with ananhy and violence." The money thuH Neizcd by the hank was re- tained until recovered from it by due course of law. The corporation was sued, judgment re- covered n(;uinHt it, and the money made upon a writ of execution ; no that the illegality of its conduct in makin); tluM seizuro was jmlicially established. The President also communicated new proofs of the wantonness of the pressure and distress made by the bank during the pre- ceding session — the fact coming to light that it had ship|)ed a)x)Ut three millions and a half of the specie to Einopo which it had S(iueezed out of the hands of the people during the panic ; — and also that, immediately after the adjourn- ment of Congress, the action of the bank was reversed — the curtailment clianged into exten- tiion ; and a discount lino of seventeen millions rapidly ran out. " Immediately after the close of the last ses- sion, the bank, through its president, announced its ability and readiness to abandon the system of uni)aralleled curtailment, and the interruj)- tion of domestic exchanges, which it had prac- tised upon from the 1st of August, 1833, to the 30th of .June, 1834, and to extend its accommo- dations to the community. The grounds as- sumed in tliis annunciation amounted to an ac- k.iowk'dgment that the curtailment, in the ex- tent to which it had been carried, was not necessary to the safety of the bank, and had been persisted in merely to induce Congress to grant the prayer of the bank in its memorial relative to the removal of the deposits, and to give it a new charter. They were substantially a confession that ail the real distresses which individuals and the country had endured for the f)receding six or eight months, had been need- essly produced by it, with the view of effecting, through the suil'orings of the people, the legisla- tive action of Congress. It is a subject of con- gratulation that Congress and the country had the virtue and firmness to bear the intliction ; that the energies of our people soon found relief from this wanton tyranny, in vast importations of the precious metals from almost every part of the world ; and that, at the close of this tre- mendous eflbrt to control our government, the bank found itself powerless, and no longer able Ito loan out its surplus means. The connnunity had learned to manage its affairs without its assistance, and trade had already found new auxiliaries ; ho that, on the Ist of Octolier ln«t, the cxtraorilinary s|M'cfucle was i)reMent»'d of a national bank, more than one half of wlumo capital was cither lying unprcnluctive in iiv vaults, or in the hands of foreign bunkers." Certainly this was a confession of the whole criminality of the bank in making the .'istrtsHj but even thin confession did not prevent the Senate's Finance Committee from making an honoiablu report in its favor. ISut there is something in the laws of moral right above tlu; powers of man, or the designs and plans of banks aiul politicians. The greatest calamity of the bank — the loss of thirty-live millions of stock to its subscribers — chiefly dates from tlijg period ond this conduct. I'p to this time its waste and losses, though great, iiijiht still have been remediable ; but now the incurable course was taken. Half its capital lying idle ! (inm] borrowers were scarce; good indorsers still more so ; and a general acceptance of stocks in lieu of the usual Fccurity was the fatal resort. First, its own stock, then a great variety of stocks were taken j and when the bank went into li<|uiila- tion, its own stock was gone ! and the others in every imaginabk degree of depreciation, from under par to nothing. The government hiul di- n-ctors in the bank at that time, Messrs. Charles McAllister, Edward D. Ingraham, and Kll- m.'ker; and the President was under no mistake in any thing he said. The message recurs to the fixed policy of the President in selling the public stock in the bank, and says : " I feel it my duty to recommend to you tlmt a law be passed authorizing the sale of the pub- lic stock ; that the provision of the charter re- quiring the receipt of notes of the bank in pi\y- meut of public dues, shall, in accordance with the power reserved to Congress in the 14lh section of the charter, Ije si.spended until the bank pays to the treasury the dividends with- held ; and that all laws connecting the govern- ment or its officers with the bank, directly or indirectly, be rejiealed ; and that the institu- tion be left hereafter vO its own resources and means." The wisdom of this persevering recommenda- tion was, fortunately, appreciated in time to save the United States from the fate of other stockholders. The attention of Congress was again called to the regulation of the deposits in State banks. As yet there was no law upon the subject. The bill for that purpose passed in the House of Representatives at the previous Ifc'fi : ■ ANNO 1834. ANDREW JACKHON, PRESIDKNT. 481 1)1) the lut of Octolicr Inst, ■cfuole waM nroMviitcd of a than Olio Imlf of whm lyinn iinpriKliictive in iu a» of fortign ImnkiTM." a oonftiBHion of the whole ink in nmkiiiK tl'^! -''Btirsnj ssion (lid not proTont the -mniittfc from niukinn nn w itH favor. Unt thert" is vs of moral rij;ht aliove tlio the (U'sifrns and plans of us. The jrreatest calamity )H8 of thirty-five millions of lurs — chiefly (lateH from this ndnct. V\) to this tinie its ongh great, ni^iht still have ut now the incnrnhle course 8 capital lying idle ! Good •ce; good indorsers still more :x:eptance of stocks in lieu of ras the fatal rca(ut. First, its jreat variety of stocks were ihe >)ank went into liiiuida- was gone ! and the others in degree of depreciation, from g. The government hr.d di- at that time, Messrs. Charles D. Ingraham, and KU- sident was under no mistake 1. The message recurs to the President in selling the bank, and says : [y to recoinnjend to you that jhorizing the sale of the pub- provibion of the charter re- )f notes of the hank in pay- ,'S, shall, in accordance with d to Congress in the 1-lth Iter, be suspended until the reasury the dividends with- laws connecting the govern- wilh the bank, directly or ded; and that the ins«itu- \r lO its own resources and liis persevering rccommenda- l>ly, appreciated in time to lates from the fate of other ] attention of Congress was legnlation of the deposits in Vet there was no law upon [ill for that purpose passed bresentatives at the previous fofiftion, had been laid upon the tiiMe in the Senate; ane inconvenience to travellers of the want of a general paper currency, shoidil the State l)anllnhia, myriads of bank docu- with a minute dcscnvtion ot postage free. At the prosi- f 18u2, the State was delugod s At his own re-elections t* wo last, the branch bank was nst him every vvhere, and m directors traversing the feUte, er going to the houses of the members of the General Assembly after they were elected, in almost every county, over a State of sixty thousand square miles ; and then attending the legislature as lobby members, to oppose him. Of these things Mr. B. had never spoken in public before, nor should lie have done it now, had it not been for the falsehood attempted to be palinjd upon tlie Senate through the instru- mentality of its committee. But having been driven into it, he would mention another cir- cumstance, which also, he had never named in public befme, but which would throw light upon the establishment of the branch in St. Louis, and the kind of business which it had to perform. An immense edition of a review of his speech on the veto message, was circulated through his State on the eve of his last election. It bore the impress of the bank foundry in Phi- ladelphia, and wiis intended to let the people of Missouri see that lie (Mr. B.) was a very un- fit person to represent them : and afterwards it was seen from the report of tho government directors to the President of the United States, tliat seventy-five thousand copies of that review were paid for by the Bank of the United States ! " The committee had gone out of their way — departed from the business with which they were charged by the Senate's resolution — to bring up a stale imputation upon Gen. Jackson, for becoming inimical to Jlr. Biddle, because he could not make him subservient to his purposes. Tlie imputation was unfounded and gratuitous, and disproved by the journals of the Senate, which bore Gen. Jackson's nomination of Mr. Biddle for government director — and at the head of those directors, thereby indicating him for president of the bank — three several times, in as niauy successive years, after the time alleged for this hostility and vindictiveness. This unjus- tifiable imputation became the immediate, the next point of Mr. Benton's animadversion ; and was thus disposed of : " Mr. B. said there was another thing which must be noticed now, because the proof to con- found it was written in our own journals. lie alluded to the ' hostility ' of the President of the United States to the bank, which made so large a figure in that report. The ' vindictive- ness' of the President, — the 'hostility ' of the President, was often pressed into the service of tliat report — which he must be permitted to qualify as an elaboiate defence of the bank. Whether used originally, or by quotation, it was the same thing. The quotation from Mr. Duane was made to help out the argument of tlie committee— to sustain their position — and tliereby became their own. The ' vindictive- uess ' of the President towards the bank, is brought forward with imposing gravity by tho committee ; and no ono is at a loss to under- stand what is meant ! The charge has been made too often not to suggest the \v hole story as often as it is hinted. The President became hostile to Mr. Biddle, according to this fine story, because he could not manage hira ! be- cause he could not make him use the institution for political purpose.'' ! and hence his revenge, his vindictiveness, his hatred of Mr. Biddle, and his change of sentiment towards the institution. This is the charge which has run through the bank presses for three years, and is alleged to take date from 1829, when an application was made to change the president of the Portsmouth branch. But how stands the truth, recorded upon our own journals ? It si :,ids thus : that for three consecutive years after the harboring cfthis deadly malice against Mr. Biddle, for not managing the institution to suit the President's political wishes — for three years, ono after another, with this ' vindictive ' hate in his bo- som, and this diabolical determination to ruin the institution, he nominates this same Mr. Biddle to the Senate, as one of the government directors, and at the head of those directors ! Mr. Biddle and some of his friends with him came in, upon every nomination for three suc- cessive years, after vengeance had been sworn against him ! For three years afterwards ho is not only named a director, but indicated for tho presidency of the bank, by being put at the head of those who came recommended by the nomination of the President, and the sanction of the Senate ! Thus was he nominated for the years 1830, 1831, and 1832; and it was only after the report of Mr. Clayton's committee of 1832 tluit tiie President ceased to nominate Mr. Biddle for government director ! Such was the frank, coniiding and friendly conduct of the President ; while Mr. Biddle, conscious that he did not deserve a nomination at his hands, had hims«lf also elected during each of these years, at the head of the stockholders' ticket. Il« knew what he was meditating and hatching against the President, though the President did not ! What then becomes of the charge faintly shadowed forth by the committee, and publicly and directly made by the bank and its iriends? False ! False as hell ! and no senator can say it without finding the proof of the falsehood re- corded iu our own journal ! " ^Ir. Benton next defended Mr. Taney from an unjustifiable and gratuitous assault made upon him by the committee — the more unwar- rantable because that gentleman was in retire- ment — no moie in public life — having resigned his place of Secretary of the Treasury the day he was rejected by the Senate. Mr. Taney, ia his report upon the removal of tho deposits, had repeated, what the government directors and a committee of the House of Representatives had 484 THIRTY YEARS' VIEW. ^ mi r hi mi\ ' til ^ !f first reported, of the illegal conduct of tlie bank oomniittcc of exchange, in making loans. The fact was true, and as since shown, to a far higher degree than then detected ; and the Senate's committee were unjustifiable in defending it. But not satisfied with this defence of a criminal institution against a just accusation, they took the opportunity of casting censure upon Mi. Taney, and gaining a victory over him by mak- ing a false issue. Mr. Benton immediately corrected this injustice. He said : " That he was not now going into a general ans'ver to the report, but he must do justice to an abse. ^ gentleman — one of the purest men upon earth, both in public and private life, and who, after tiie manner he had been treated in this ciiamber, ought to be secure, in his retire- ment, from senatorial attack and injustice. The committee have joined a conspicuous issue with Mr. Taney ; and they have carried a glorious bank victory over him, by turning off the trial upon a false point. Mr. Taney arraigned the legality of the conduct of the exchange commit- tee, which, overleaping the business of such a committee, whicli is to buy and sell ?•<■«/ bills of e.rchangc, had become invested with the power of 1 he wliole board ; transacting that business which, by the charter, could only be done by the board of directors, and by a- board of not less than seven, and which they could not delegate. Yet this committee, of three, selected by tlie President himself, was shown by the report of the government directors to transact the most important business ; such as making immense loans, upon long credits, and upon questionable security; sometimes covering its operations imder the simulated garb, and falsi- fied pretext, of buying a bill of exchange; sometimes using no disguise at all. It was shown, by the same report, to have the exclu- sive charge of conducting tlie curtailment last winter ; a business of the most important cha- racter to the country, having no manner of affinity to the proper functions of an exchange conunittee ; and which they conducted in tlie most partial and iniquitous^ manner ; and with- out even reporting to the board. All this the government directors communicated. All this was commented upon on this floor; yet Mr. Tane\ is selected ! He is the one pitched upon ; as if nobody but hira had arraigned the iliegtil acts of this committee ; and then he is made to arraign the existence of the committee, and not its misconduct ! Is this right ? Is it fair 1 Is it just thus to pursue that gentleman, and to pur- sue him unjustly ? Can the vengeance of the bank never be appeased while he lives and moves on earth ? " After having vindicated the President, the Vice-President, Mr. Grundy, Mr. Taney, and himself, from the unfounded imputations of the committee, so gratuitously presented, so un- warranted in fact, and so foreign to the purpose for which they were appointed, Mr. Benton laid hold of some facts which had come to light for the purpose of showing the misconduct of the bank, and to invalidate the committee's report. The first was the i;rans]iortation of specie to London while pressing it out of the com- munity here. He said : " He had performed a duty, which ought not to be delayed an hour, in defending himself, thy President, and Mr. Taney, from the sad injustice of that report; the report itself, with all its elaborate pleadings for the bank, — its errors of omission and commission, — would come up for argument aftc it was printed ; and when, with Go'l's blessing, and the help of better han Is. he would hope to show that it was the duty of tiie Senate to recommit it, with instructions to ex- amine witnesses upon oath, and to bring out that secret history of the institution, wliich seems to have been a sealed book to the com- mittee. For the present, he would brin^ to light two facts, detected in the intricate mazes of the monthly statements, which would fix at once, both the character of the bank and tlie character of the report; the bank, for its au- dacity, wickedness and falsehood; ti,o report, for its blindness, fatuity, and partiality. " The bank, as all America knows (said Mr, B.), filled the whole country with the endless cry which had been echoed and re-echoed from this chamber, that the removal of the deposits had laid her under the necessity of curtailing her debts ; had compelled her to call in her loans, to fill the vacuum in her coffers produced liy this removal ; and thus to enable hcrsilf to stand the pressure which the ' hostility ' of tiie government was bringing upon her. This was the assertion for six long months ; and now let facts confront this assertion, and reveal tlie truth to an outraged and insulted comiuiuiitv. " The first fact (said Mr. B.), is the transftT of the moneys to London, to lie there idle, while squeezed out of the people here during tlic i>anic and pressure. " The cry of distress was raised in December, at the meeting of Congress ; and diirin;;; that month the sum of $l'2i),7C4 was transferred by the bank to its agents, the Barings. This cry waxed stronger till July, and until that time the monthly transfers were : December, February, March, . . May, . . June, . . July, . . . $129,704 . 355,253 . 201,543 , 34,749 . 2,142,054 . 501,950 $3,425,313 ANNO 1834. ANDREW JACKSON, PRKSIDENT. 485 ifoundod imputations of the litously preBcntcd, so un- iid so foreign to the purpose ire appointed, Mr. Benton facts which had come to ; of showing the misconduct o invalidate the committee's Id the iransiK)rtation of specie pressing it out of the corn- said: ned a duty, which ought not our, in defending himself, the Taney, from the sad injustice ,e report itself, with all its 3 for the bank,— its errors of mission,— would come up for was printed ; and when, with d the help of better hunlshe )W that it was the duty of the it it, with instructions to ex- upon oath, and to brni},' out ry of the institution, which en a sealed book to the om- prcsent, he would brin^ to letected in the intricate nmzes tatements, which would fix at liaracter of the bank and the report ; the bank, for its au- B8 and falsehood; ti.e report, fatuity, and partiality, all America knows (said Mr. lole country with the endless 'en echoed and re-echoed tiom It the removal of the deposits ier the necessity of cnrtnihng mpelled her to call in her loans, n in her coffers produced hy nd thus to enable hcrsilf to e which the ' hostility ' of tlie bringing upon her. This was six long months ; and now let his assertion, and reveal the ged and insulted comnuiuity. (said Mr. B.), is the transfer London, to lie there idle, wlulc lie people here during the panic .stress was raised in December, of Congress ; and during that )f Sl'-i^'^J*^'^ was transferred by agents, the Barings. This cry till July, and until that time iisfers were : • • • • '^^^o.J'fif . . . 355,253 . 201,543 . . . 2,142,054 . . 501,950 $3,425,313 Making the sum of near three millions and a half transferred to London, to lie idle in the hands of an agent, while that very money was eqiioezed out of u few cities here ; and the whole country, and the halls of Congress, were filled witli the deafening din of the cry, that the bank WHS forced to curtail, to supply the loss in her own collers fr^^m the removal of the deposits ! Anil worse • ■ i The bank had, in the hands of the same iits, a large sum when the trans- fers of these panic collections began; making in tlie whole, the sum of $4,201,201, on the lirst day of July last, which was lying idle in her asents' hands in London, drawing little or no interest there, while squeezed out of the hands of tliose who were paying bank interest here, near seven per cent. ; and had afterwards to go into brokors' hands to borrow at one or two per cent, a month. Even now, at the last returns on the first dav of this month, about two mil- lions and a half of this money (!ii;2,()78,0()G) was still lying idle in the hands of the Barings ! waiting till foreign exchange can be put up again to ci?ht or ten per cent. The enormity of this conduct, Mr. B. said, was aggravated by the notorious fact, tliat the transfers of this money were made by sinking the price of exchange a.s low as five jter cent, below par, when shippers and planters had bills to sell ; and raising it eiglit per cent, above par when merchants and importers had to buy ; thus double taxing the conuneice of the country — double taxing the producer and consumer — and making a fluctua- tion of thirteen per c«nt. in foreign exchange, in the brief space of six months. And all this to 11 ake money scarce at home while charging that scarcity upon the President ! Thus com- bining calumny and stock-jobbing with the diaholical attempt to ruin the country, or to rule it." The next glaring fact which showed the enor- mous culpability of the bank in making the pressure and distress, was the abduction of about a million and a quarter of hard dollars from New Orleans, while distressing the busi- ness community there by refusal of discounts and the curtailment of loans, under pretence of making up what she lost there by the removal of the deposits. The fact of tlie abduction was detected in the monthly reports still made to the Secretary of the Treasury, and was full proof of the wantonness and wickedness of the pres- sure, as the amount thus squeezed out of the community was immediately transferred to Phi- ladelphia or New- York ; to be thence shipped to London. Mr. Benton thus exposed this iniquity: " The next fact, Mr. B. said, was the abduction of an immense amount of specie from New Or- leans, at the moment the Western produce yvaa arriving there ; and thus disabling the merchants from buying that produce, and thereby sinking its price nearly one half; and all under the false pretext of supplying the loss in its coifers, occa- sioned by the removiil of the deposits. '•The falsehood and wickedness of this con- duct will appear from the fact, that, at the time of the removal of the deposits, in October, the public deposits, in the New Orleans branch, were far less than the amount afterwards curtailed, and sent off; and that these deposits were not entirely drawn out, for manj' months after the curtailment and abduction of the money. Thus, the public deposits, in October, were : " In the name of the Treasurer of the United States, $294,228 02 " In the name of public officers, 173,704 04 $407,993 20 "In all, less than half a million of dollars. " In March, there was still on hand : " In the name of the Treasurer, $40,200 28 "In the name of public officers, 03,071 80 $103,938 08 "In all, upwards «f one hundred thousand dollars; and making the actual withdrawal of deposits, at that branch, but $300,000, and that paid out gradually, in the discharge of govern- ment demands. " Now, what was the actual curtailment, dur- ing the same period ? It is shown ii oni the monthly statements, that these curtailments, on local loans, were $788,904 ; being upwards of double the amount of deposits, miscalled re- moved; for they were not removed; but only paid out in the regular progress of government disbursement, and actually remaining in the mass of circulation, and much of it in the bank itselt But the specie removed during the same time ! that was the fact, the damning fact, upon which he relied. This abduction was : "In the month of No- vember, $334,647 ) , ,. , ^ " In the month of March, 808,084 ^ °« «^ <««* $1,142,731 " Making near a million and a quarter of dol- lars, at the least. Mr. B. repeated, at the least ; for a monthly statement does not show the ac- cumulation of the month which might also be sent off; and the statement could only be relied on for so much as appeared a month before the abduction was made. Probably the sum was upwards of a million and a quarter of hard dol- lars, thus taken awUy from New Orleans last winter, by stopping accommodations, calling in loans, breaking up domestic exchange, creating panic and pressure, and sinking the price of all produce; that the mother bank might transfer funds to London, gamble in foreign exchange, 486 THIRTY YEARS' VIEW. spread dcpolation and terror through the land ; and then charjrc the whole tipon the President of the United States ; and end with the grand consummation of bringing a new political party into power, and perpetuating its own charter." Mr. Benton commented on the barefacedness of running out an immense line of discounts, so soon done after the rise of the last session of Congress, and so suddenly, that the friends of the bank, in remote places, not haying had time to be informed of the " reversal of the bank screws," were still in full chorus, justifying the curtailment ; and concluded with denouncing the report as ex -parte, and remarking upon the success of the committee in finding what they were not sent to look for, and not finding what they ought to have found. He said : " These are some of the astounding iniquities which have escaped the eyes of the committee, while they have been so successful in their anti- quarian researches into Andrew Jackson's and Felix Grundy's letters, ten or twenty years ago, and into Martin Van Burcn's and Thomas H. Ben- ton's, six or eight years ago ; letters which every public man is called iipon to give to his neighbors, or constituents ; which no public man ought to refuse, or, in all probability ever did refuse ; and which are so ostentatiously paraded in the re- 1)01 1, and so emphatically read in this chamber, with pawse and gesture; and with such a sym- patl'.etic look for the expected smile from the friends of the bank ; letters which, so far as he was concerned, had been used to make the com- mittee the organ of a falsehood. And now, Mr. B. would be glad to know, who put the commit- tee on the scent of those old musty letters : for there was nothing in the resolution, under wnich they acted, to conduct their footsteps to the silent covert of that small game." Mr. Tyler made a brief reply, in defence of the report of the committee, in which he said : " The senator from Missouri had denominated the report ' an elaborate defence of the bank.' He had said that it justified the bank in its course of curtailment, during the last winter and the early part of the summer. Sir, if the honorable senator had paid more attention to the reading, or had waited to have it in print, he would not have hazarded such a declaration. He would have perceived that that whole ques- tion was submitted to the decision of the Senate. The committee had presented both sides of the question — the view most favorable, and that most unfavorable, to the institution. It exhib- ited the measures of the Executive and those oi the bank consequent upon them, on the one side, and the available resources of the bank on the other. The fact that its circulation of ^19,000.000 was protected by specie to the amount of $10,000,000, and claims on the State banks exceedinglg;2,000,000, which were equal to specie — that its purchase of domestic cxchan^o had so declined, from May to October, as to place at its disposal more than $r),000,(JOO ; something more than a doubt is expressed whether, under ordinary circumstances, the bank would have been justified in curtailing its f^'scounts. So, too, in n-gard to a perseverance lia its measures of precaution as long as it did, a summary of facts is given to enable the Sen- ate to decide upon the propriety of the course pursued by the bank. The eflbrt of the com- mittee has been to present these subjects fairly to the Senate and the country. 1'hcy have sought ' nothing to extenuate,' nor have they ' set down ought in malice.' The statements are presented to the senator, for his calm aiul deliberate consideration — to each senator, to be weighed as becomes his high station. And what is the course of the honorable senator ? The moment ho (Mr. T.) could return to his seat from the Clerk's table, the gentleman pounces upon the report, and makes assertions whicii a careful perusal of it would cause him to know it does not contain. On one subject, the con- troversy relative to the bill of exchange, ami the damages consequent on its protest, the com- mittee had expressed the opinion, that the gov- ernment was in error, and he, as a member of that committee, would declare his own convic- tion that that opinion was sound and maintain- able before any fair and impartial tribunal in the world. Certain persons started back with alarm, at the mere mention of a court of jtistiw. The trial by jury had become hateful in their eyes. The gi-eat principles of ihctgna charla are to be overlooked, and the declarations con- tained in the bill of rights are become too old- fashioned to be valuable. Popular prejudices are to be addressed, and instead of an apjieai to the calm judgment of mankind, every luridng prejudice is to be awakened, because a coijiora- tion, or a set of individuals, have believed tli"iu- selves wronged by the accounting oflicers of tlio treasury, and have had the temerity and impu- dence to take a course calculated to bring tiieir rights before the forum of the courts. Let tlioje who see cause to pursue this course rejoice as they may please, and exult in the success wiiicli attends it. For one, I renounce it as unworthy American statesmen. The committee had ad- dressed a sober and temperate but firm argu ment, upon this subject, to the Senate ; and, standing in the presence of that august body, and before the whole American people, he rest- ed upon that argument for the truth of the opin- ion advanced. An opinion, for the honesty of which, on his own part, he would avouch, after the most solemn manner, under the unutterable obligations he was under to his Creator. " The senator had also spoken in strong lan- guage as to that part of the report which related to the committee of exchange. He had said that a false issue had been presented — that the € •f ANNO 1835. ANDREW JACKSON, TRESIDENT. 487 1,000, anil claims on the State !,000,000, which were equal to r'chase of domestic exchange rom May to October, as to )sal more than $5,000,000; than a doubt is expressed ordinary circumstances, the )een justified in curtailinp; its ), in n'gard to a perseverance precaution as long as it did, ts is given to enable the Scu- i the propriety of the course ink. The effort of the com- present these subjects fairly id the country. They have o extenuate,' nor have tlioy in malice.' The statements the senator, for his calm and ration — to each senator, to be es his high station. And what the honorable senator? The T.) could return to his scat table, the gentleman pounces ind makes assertions whicli a f it would cause him to know ain. On one subject, the con- to the bill of exchange, ami equcnt on its protest, the com- 3sed the opinion, that the pov- error, and he, as a member of ftould declare his own convlc- inion was sound and maintain- fair and impartial tribunal in ^in persons started back with D mention of a coint of justice. had become hateful in their principles of vuigna churta ked, and the declarations con- of rights are become too old- valuable. Popular prejudices ed, and instead of an appeal to mt of mankind, every lurking awakened, because a corporii- idividuals, have believed th"in- y tlic accounting officers of the ve had the temerity and inipu- ourse calculated to bring their forum of the courts. Let tliose pursue this course rejoice as and exult in the success wliieh one, I renounce it as unworthy nen. The committee had ad- and temperate but firm argu subject, to the Senate; and, presence of that august body, hole American people, he rest- ument for the truth of the opin- in opinion, for the honesty of 'n part, he would avouch, after manner, under the unutterahle as under to his Creator, lad also spoken in strong Ian- part of the report which related ;e of exchange. He had said had been presented— that the late Secretary of the Treasury Hlr. Taney^ had Hovcr contended that the bank iiad no right to api)oint a committee of exchange — that such a cominif.tee was appointed by all banks. In this last declaration the gentlemai? is correct. All banks have a committee to purchase exchange. But Mr. T. would admoni.sh the gentleman to beware. lie would find himself condemning him whom he wished to defend. Mr. Taney's very language is quoted in the report. He places the violation of the charter distinctly on the ground that the business of the bank is intrust- ed to three members on the exchange committee, when the charter requires that not los.s than seven shall constitute a board to do business. Ills very words are given in the report, so that he cannot be misunderstood ; and the commen- tary of the committee consists in a mere narra- tive of facts. Lit.tlc more is done than to give f.icts, and the honorable senator takes the alarm ; and, in his effort to rescue the late Secretary fioin their influence, plunges him still deeper into difficulty. " The senator had loudly talked of the com- mittee having been made an instrument of, by the bank. For himself, he renounced the as- cription, lie would tell the honorable senator that he could not be made an instrument oi' by the bank, or by a still greater and more formidable power, the administration. He stood upon that lloor to accomplish the purposes for which he was sent there. In the consciousness of his own honesty, he stood firm and erect. He would worsliip alone at the shrine of truth and of lionor. it was a precious thing, in the eyes of some men, to bask in the sunshine of pouer. He rested only upon the support, which had never failed him, of the high and lofty feelipgs of his constituents. He would not be an instrument even in tiieir hands, if it were possible for them to require it of him, to gratify an uni ighteous motive." CHAPTER CXVII. TEENCII SPOLIATIONS BEFORE 1800. These claims had acquired an imposing aspect by this time. They were called " prior " to the year 1800 ; but how much prior was not shown, and they might reach back to the establishment of our independence. Their payment by the United States rested upon assumptions which constituted the basis of the demand, and on which the bill was framed. It assumed,_/?/'Sf — I'hat i'legal seizures, detentions, captures, con- demnations, and confiscations were made of the vessels and property of citizens of the United States b^.fore the period mentioned. Secondly — That those acts were committed by such or- ders and under such circumstances, as gave the KufPercrs a right to indemnity from the French government. Thiidhj — That these claims had been annulled by the United States for public considerations. Fourthly — That this annul- ment gave these sufferers a just claim upon the United States for the amount of their losses. Upon these four assumptions the bill rested — some of them disputable in pomt of fact, and others in point of law. Of these latter was the assump- tion of the liability of the United States to be- come paymasters themselves in cases where failing, by war or negotiation, to obtain redress they make a treaty settlement, surrendering or abandoning claims. This is an assumption con- trary to reason and law. Every nation is bound to give protection to the jjcrsons and property of their citizens ; but the government is the judge of the measure and degree of that pro- tection ; and is not bound to treat for ever, or to fight for ever, to obtain such redress. After having done its best for the indemnity of some individuals, it is bound to consider what is duo to the whole community — and to act accordingly; and the unredressed citizens have to put up with their losses if abandoned at the general set- tlement which, sooner or later, must terminate all national controversies. All this was well stated by Mr. Bibb, of Kentucky, in a speech on these French claims upon the bill of the pre- sent year. He said : "He was well aware that tlie interests of individuals ought to be supported by their gov- ernments to a certain degree, but he did not think that governments were' bound to push such interest to the extremity of war — he did not admit that the rights of the whole were to be jeoparded by the claims of individuals — the safety of the community was paramount to the claims of private citizens. He would proceed to see if the interests of our citizens had been neglected by this government. These claims have been urged from j-ear to year, with all the earnestness and zeal due from the nation. But they went on from bad to worse, till negotia- tions were in vain. We then assumed a hostile position. During the year '98, more than twenty laws were passed by Congress upon this very subject — some for raisiiig troops — some for providing arms and mimitions of war — some for fitting out a naval force, and so on. Was this neglecting the claims of our citizens? We went as far as the interests of the nation would peroiit. We prosecuted these claims to the ;*' II \ * -i • t H <>■ 1 ill » }i|li f ' ' 'I i h>'T ' mli , " 1 r 488 THIRTY YEAItS' VIEW. iilli T I /I; 'Hi "III 'h very vcrftc of jiliinjjing into that dreadful war then desoIiitin{? Etiroi)©. Tlic government then is*iued its prochunation of neutrality and non- intercourse. Mr. ]{. next proceeded to show that France had no just claims upon us, aris- in)^ fi-oni the guaranty. This guaranty against France was not considered binding, even by France herself, any further than was consistent with our relations with other nations ; that it wa.s so dcclaied by her minister ; and, moreover, that she acknowledged the justice of our neu- trality'. 'I'hese treaties had been violated by France, and the United States could not surely be bound by treaties which she had herself vio- lated; and consecpiently, we were under no obligation on account uf the guarant}'. Mr. B. went on to show that, by the terms of the treaty of 1800, the debts due to our citizens had not been relinquished: — that as the guaran- ty did not exist, and as tiie claims had not been abandoned, Mr. B. concluded that these claims ought not to be paid by this government. lie was opposed to going back thirty-four years to sit in judgment on the constituted authori- ties of tiiat time. There should be a stability in the government, and he was not disposed to question the judgment of the man (Washing- ton) who has justly been called the first in war and the lirst in peace. We are sitting here to rejudge tlu; decinions of the government thirty- four years since." This is well stated, and the conclusion just and logical, that we ought not to go back thir- ty-four years to call in question the judgment of Washington's administration. He was look- ing to the latest date of the claims when he said thirty-four years, which surely was enough ; but AVashington's decision in his proclamation of neutrality was seven years before that time ; and the claims themselves have the year 1800 for their period of limitation — not of commence- ment, which was many years before. This doctrine of governmental liability when aban- doning the claims of citizens for which indem- nity could not be obtained, is unknown in other countries, and was unknown in ours in the ear- lier ages of the government. There was a case of this abandonment in our early history which rested upon no "assumption" of fact, but on the fact itself; and in which no attempt was made to enforce the novel doctrine. It was the case of the slaves carried off by the British troops at the close of the Revolutionary War, and for which indemnity was stipulated in the treaty of peace. Great Britain refuted that in- demnity ; and after vain efforts to obtain it by the Con^KBS of the confederation, and after- wards under Washington's administration, this claim of indemnity, no longer resting upon a claim of the sufferers, but upon a treaty stipu. lation — upon an article in a treaty for their benefit — was abandoned to obtain a general ad- vantage for the whole community in the com- mercial treaty with Great Britain. As these claims for French spoliations are still continued (18")0), I give some of the speeches for and against them fifteen years ago, believing that they present the strength of the argument on both sides. The opening speech of i\Ir. Web- ster presented the case : " lie should content himself with stating very briefly an outline of the grounds on which these claims are supposed to rest, and then leave the subject to tlie consideration of the Senate. lie, however, should be happy, in the course of the d-batc, to miike such cxplansitions as might be called for. It would be seen that the bill pro- posed to make satisfaction, to an amount not exceeding five millions of dollars, to such citi- zens of the United States, or their legal repre- sentatives, as had valid claims for indemnity ou the French government, rising out of illegal captures, detentions, and condemnations, made or committed on their property prior to the 30th day of September, 1800. This bill sup- posed two or three leading propositions to be true, i " It supposed, in the first place, that illegal seizures, detentions, captures, condemnations and confiscations, were made, of the ve>sels and property of the citizens of the United States, before the 30th September, 1800. " It suppo.sed, in the second place, that llie.w acts of wrong were committed by such orders and under such circumstances, as that the sif' ferers had a just right and claim for indemnity from the hands of the government of Franc** " Going on these two propositions, the bill assumed one other, and that was, that all such claims on France as came within a prescribed period, or down to a prescribed period, had been annulled by the United States, and that this gave them a right to claim indemnity from this government. It supposed a liability in justice^ in fairness and equity, on the part of this gov ernment, to make the indemnity. These were the grounds on which the bill was framed. That there were many such confiscations no ono doubted, and many such acts of wrong as ncro mentioned in the first section of the bill. Tha* they were committed by Frenchmen, and under such circumstances as gave those who suflered wrong an unquestionable right to claim indem- nity from the French government, nobody, he sui)posed, at this day, would question. There were two questions which might be made the subject of discussion, and two only occurred to Dgton's adininistrution, this no longer resting upon a rs, but upon a treaty stipu- tide in a treaty for their oncd to obtain a general td- jIo community in the cora- 1 Great Britain. As these joliations are still continued le of the speeches for and n years ago, believing that trcngth of the argument on pening speech of Mr. Web- :ase : ent himself with stating very r the grounds on which these 1 to rest, and then leave the ideration of the Senate. lie, e happy, in the course of the ich explanations as might be Id be seen that the bill pvo- itisfaction, to an amount not lions of dollars, to such citi- tl States, or their legal repre- valid claims for indemnity on [•nment, rising out of illegal ns and condemnations, made their property prior to tlie ember, 1800. This bill sup- 'C leading propositions to be n the first place, that illegal ns, captures, condemnations were made, of the voscls and itizens of tiic United States, ■ptomber, 1800. n the second place, that tliew re committed by such orders ircumstances. as that the stf' ight and claim for indemnity the government of Franc** Ise two projwsitions, the bill ', and that was, that all such as came within a prescribed f a prescribed period, had been fUnited States, and that this to claim indemnity from this mpposed a liability in justice, Liity, on the part of this gov the indemnity. These were Iwhich the bill was framed, lany such confiscations no ono iy such acts of wrong as \vcr> Hrst section of the bill. Thaf ted by Frenchmen, and under ES as gave those who suflercd [tionable right to claim indem- ench government, nobody, ho day, would question. There ns which might be made tlie on, and two only occurred to .■T r ANNO 18.S5. ANDREW JACKSON, PRESIDENT. 489 Jv him at that moment. The one wm, ' On what ground was the government of the United States answerable to any e.\tent for the injury done to these claimants ? ' The other, ' To what extent was the government in justice bound?' And ij-,.j./ — of the first. ' Why was it that the gov- ernment of the United States had become re- sponsible in law or equity to its citizens, for the claims — for any indemnity for the wrongs com- mitted on their commerce by the subjects of Franee before 1800?' •• 'l"o tliis question there was an answer, which, whether satisfactory or not, had at least the merit of being a very short one. It was, that, by a treaty between France and the United States, bearing date the 30th of September, 1800. in a political capacity, the government of the United States discharged and released the government of France from this indemnity. It went upon the ground, which was sustained by all the correspondence which had preceded the treaty of 1800, that the disputes arising be- tween the two countries should be settled by a negotiation. And claims and pretensions hav- in'' been asserted on either side, commissioners on the part of the United States were sent out to assert and maintain the claims of indemnity wliich they demanded ; while commissioners ap- pointed on the part of France asserted a claim to tlie full extent of the stipulations made in '78, wliich they said the United States had promised to fulfil. ;oods, and that every thiiif; shall be cleemeil to \n' fr( e and exeiii|ii whitdi shall be founrl 011 boanl the ships belonj;. iuf; to the subjects 'ifeitherrif I he confederates, 111- tlioiif;h the whole lading;, or any pjirt thereof shoulil appertain to the enemies of either, con. traband ^oods bein^' always excejited. It isiil,f, a^rreed, in like manner, that the -anie lilierly h*' extended to persons who are on board a Ihb ship, with this ellect, that althoufjh they beeno niies to both or eith<'r fiarty, they are not to Im taken out of that freeshi|»,iniless they are soMiiri and in actual servini! of the enemies.' "The restrictions ns to articles to be held be- tween the two natioii«» as coiitrabanil of war Mr. VV. said, were to be foimd in \]\f Iwenly- fourth article of this same treaty of amity and commerce, and were as follows: '"/l/<. 2\. This lilx'rty of iiavi^'aliou ami commerce shall extend to all kind-* ol merilim- dises, except iii;^ those only wiiich are di.>tiii;,'iii-l|. ed by th(' iiat?ie of contr.Mband, and und( r tlii-i name of contiaband, or proh'bilr-d ^jooils, sliJiil lie compiehended iiriiis, {i;reat jriins, bombs, witli fuses and other tliinj^s Ixdonj^ine; to theni, ciin- tion biill, jfiinpowder, match, [likes, swords, lan- ces, spears, halberds, mor'tars, petards, (irciiudcs, saltpetre, muskets, mu.--ket ball, helmet ;, lnca-t- plates, coats of mail, and the like kinds of arm proper for arming soldiers, musi.et rests, lielh, horses with their furniture, and all other war- like instruments whatever. These mereliiiinii- ses which follow shall not be reckoned anion;' contraband or prohibiti:d ^oods ; that is to Nav, all sorts of cloths, and all other manufiicliiic; woven of any wool, llax, silk. cotloTi, or any oIIm 1 material whatever; all kindsof weHrin;;aii(iiinl, tof^ether with the species whereof they are iisid to be made ; (:;old and silver, as well coiiii'd ii;! uncoined: tin, iron, latten, copper, bi-ns-;, coal,'; as also wheat and barley_ and any oilier kind of corn and pidse: tobacco, and likewisi! all man- ner of spices; salted ami smoked Jlesh, salted fish, cheese, and butter, beer, oils, vviiuis, siii^ais, aiifl all sorts of salts ; and, in j;eneral, all provis- ions which serve for the nourishment of innn- kind, and the siistenan(;e of life ; fOrlheruiori', all kinds of cotto'.i, hemp, flax, tar, pitch, ro|KS, cables, sails, sail cloths, anchors, and any jiart of anchors, alsi.^ . .lips' masts, plants, boards, amJ beams, of what tree.s soever; and all other tiiiii;;!! proper either for building or repairin;,; ships, and all other ^oods whatever which have not Ijwn woiked into the form of any instinmentorthin}; preparetl for war by land or by sea, shall not lie re;)Uted contraband, much less such as have been already wrouj^lit and made up for any other use all which shall be wholly reckoned among free gooUHj as likcwisti all other mcrciiaudises and ANNO IH.iri. ANnUKW .JA(;KS()N, |-HI,s|I>i;nt. 401 [iliircM of llic ftu'Tny ftforcnipn- iliiccM, Itiit iilso fnmi one \,\wv) ii'iiiy !'> nnotlicr |iliu:.'ation atnl xtcnd to all kind-* ol nicrcliiin- liosc only wiiirli iirc fli>linj,'iii-li- (if conlrah.'ind, and nnd( r \\,U an!iy, s, and all other maniif.icturci I, llax, silk, cotton, or any otii' r ; all kindsof weiirin;;ai>|)iiril, Hpecies whereof they aru in'1 1 and Hilver, as well coined m m, latten, co|)per, hras-;, coiils; harley, and any oilier kin'l nf |,c)hac('o, ami likewisf^ all iiiaii- alted and smoked flesh, siilti'l )utler, beer, oils, wines, sii^^iiis, lilts ; and, in general, all pruvi:*- for the nourishment of iiiati- stenan(!c of life ; farthenriorf, I'.i, hemp, flax, tar, pitch, roi)is, cloths, anchors, an'I any jiart jips' niastH, planVn, hoanls, aiiij ce.s soever; and all other tliiiijji hiiildinj^ or repairin}^ ships, and whatever which have not hecn form of any in.strnment or tliin}; hy land or by sea, shall not lie ,nd, much less such a.s have been and made »ip for any other use )ii wholly reckoned among fM iBo all other mcrclmiidises and tilings which are not comprehended and particu- Inrly nienlioned in fhe fore;:nin<.' eniinu'ialion «T (■(iiitriihiiTid froods, fo that they may he triins- piprli'l and carried in the freest, manner hy the Hiilije*!-' of hoth confeiIerat.''H, even to lh>' places b»'l'in>.'iiitc ,'rently depaittd from in this Inst article. Provisions, in their broadest Reuse, materials for gliips, rifrjrint; for ships, and iiifleed almost all the articles of' trade rnentif>ned in IIk; lontjexcejaion ^1 in the article of the treaty, were articles contra- band of war by the law of nation^. This article, tlicrefoic placed our cominerce with France u[ion afootinf^ widely flifFcrent, in case of a warbetwcn France and any third power, from tin- rules which would re^'u lute that commerce with the oilier iitlliKerent, with whom we mij^lit not have 'i Riinilar commercial treaty. Such was its effect as coirifiured with fiiir relations with Kn^dand, with wlii'li [lOwer we had no commercial treaty what- ever hill depended nf)on the law of nations as onrconimercial rule and standard of intercourse. ".Mr. W. said he now passed to the. treaty of alliance between Franco atid the ('nited States of the same dat(! with the treaty of amity and cominerce before referred to, and his first re- finiici^ was to the 1 1th article of this latter treaty. It was in the following words: '"'All. II. The two parties •fuaraiiteemutnal- iv fioin the pre.-ent time, and for ever, aj^ainst til ot'.er [lowers, to wit: 7'he I'nited States to His .Most ChriHtian Majesty the present posse;;- .sioiis of the (Jrown of France in America, as well as those which it may acfpiire by the future trea- ty of peace: And His Most ChriHtian Majesty piiarantees oii his part to the I'nitcd States, tlieir liberty, sovereignty, and indeiiendence, absolute and unlimited, as well in matters of government as commerce, and also their possessions, and the additions or concpiests that their confederation may obtain during the war, from any of the do- minions now or heretofore possessed by Great Krilain in North America, conformable to the fifth and sixth articles above written, the whole a^ their possessions sliall be fixed ancl assured to the said States at the moment of the cessation of their present war with Flnj^land.' "This article, Mr. W. said, was the most im- [lortant rei""ience he had made, or could make, .so far as the claims provided for by this bill were concerned, because he tindeistood the friends of the bill to derive the jirincipal consid- sration to the United States, which created their liability to pay the claims, from the miaranty on the part of the United States wntained in it. The Senate would see that the article was a mutual and reciprocal guaranty, 1st. On the part of the I'nited States to France, of her posses- Bion.s in America; and 2d. On the part of France to the United States, of their 'liberty, Bove- leijrnty.aiid indepj-ndunce, absrdut" and unlimit- ed, as well in malters of fovi rnnienf as com- merce, and at.xi tie ir [lO^se^.-ion';,' Ac,; iind thai the respective t^uaranlees wire • for ever.' It would by-aii'l-by appear in what iiiaiiii|miv(|, to pcnilthoni from ourportH to criiiM' !i>;i»iiisl Kiiji'IkIi vessels n|ioii our roust. H.'iiiy |iri/,('s wiTo imimIo, wlii<'h were Itron^lit into our ports subinitttMl to the lulmiriilty jiiris- dietion (\nifcrnM| l>y I lie Freiieli UepiiMie upon lur eonsnls in itie t'niU'd Slates, eondeinnetl, ■nil tlie ejiptured vessels anil e!irpH'sex|»ose(l lor Bale in our market^. These praetices weiv iin- nu'diatoly and eirnestly roinplaiiied of Ity the Uritish pivernuunt as violutions of the neutral- ity wliieh our g iverninent had dirlaivd, nnd which we assnnied to maintain in rep;ard to nil the l)ellii;ereu(s, as favors granted to one of the liellinerenls, not demandahle of rij;ht under our treaties with TraiKV, nnd as wholly inccmsistent, necordin):; to the rules of internatii>nnl law, witli our eontinuanee ns n neutral |H)wer. Our pov- ornment so fir yielded to these eomplnints ns to jirohiliil the Freneh from tittinj; out, nrming, onuippin;r, or eonnnissioninj;; privateers in our ports, and from enlistiiifi our oitizonu to la'ar arms miiier the Freneh tla^. " This deeision of the ri>;hts of Frnnoe, under tlie treaty of amity and eommeree, produeed warm ivmcuist ranees from her minister in the I'ni- ted States, hut was tinally ostensibly nequieseed in hy the Kepultlie, althoufih constant eomiilaints of evasions and violations of the rule ctuitinued to harass our {government, nnd to oecupy the at- tention of the n'speetive dii>lomatists. "The exclusive privilej;e of our ports for hor armeil vi^^sels, privateers, and their prizes, {:ranted to Franco hy the treaty of amity and comnu'rce, as has before biH>n seen, excited the jealousy of F.uirland, and she was not slow in KCMiIin^ a po-fion of her vast navy to line our wast and block up our ports !i 1 harbors. The in.^olence of jiower induced some of her armed ves-icN to enter our ports, anil to vemnin, in violation of our treaty with France, though not by the consent of our povornment, or when we had the power to cnfoix'o the ttx^aty by their ejeetiin. These incidents, liowever, did not fail to form the subject of new charges from the French ministers, of Imd faith on our part, of partiality to Knsrland to the prejudice of our old nrn'i faithful ally, of pennitled violnticma of the treaties, ami of an inetliciency nnd want of j.oal in the jHrformance of our iluties as neutrals. To pive jioint to these complaints, some few in- ptances iwcurix'd in whicli British vessels broujjht then- prizA'^ into our ports, whether in all cases under those cusuall'os of stress of weatlier, or the danirers of the s x which rendered the act in conformity with the t:\;ities and the law of nations or not, is not perhaps very certain or very material, inasmuch as the spirit of complaint eecms to have taken possession of the French nepitiators, and these acts gave colorable gmuiid to their remonstrances. "Contemporaneously with these grounds of misunderstanding and these collisions of inter- est between the belligerents, and between the interests of either of them and the preservation of our neutrality, the French began to discover the disadvantagt's to them, and the great advnn. tages to the Itritisli, of the ditlerent rules wliidi governed the eonun-rce ImM ween the two natioim nnd the rnitcd .States. The rule between ii« and Fraiu'e was the eommercial trealv uf which lhi> articles above ijuoled form a |iiirt. iukI the mil" belwe.'u ns ami (Jreat Mrilain, was |||,,t laid down by the law \( mitions. Mr. W. sujil he woidd detain the Senate to point out but twn of the ditl'erenees between these rules of eom. nteree nnd intercourse, because u|M)n these (wo principally depended thedillicidties wliieh folldw- ed. The (irst was, that, by the treaty belwim ns nnd Frnnce, 'free ships shall also give a I'vi'- dom to the goods; nnd every thing shall lio deemed to be free nnd exempt which shall biloiitnl tin iMinrd the ships belonging to the sidij et< ,,f either of the eou federates, altliough the wlmle lading, or any part thereof, slnudd ap|ieil,iin to the enemy of either, contraband goods liciinj nlwnysexceptet!;' while the law of nations winch was the ride between ns nnd F.ugland, made iho gocxls of nnenemv a lawful |)ri7.e, though found in the vessel of a friend. Hence it followed that French property on board of an .Americiin vcssi'l was subject to capture by Mrilish cruisers willi- ont indignity to our tlag, or a violation to iniir- national law, while Ibitish property on boaii|,,f an AnuMican vessel could not be cajilured liv a French vessel without an insult to the flag Uf the I'nited Slates, nnd a direct violation ol' |||i> twenty-third article of the treaty of aniily anil coinineree betweiu us and France, bi'loiv ivl'ir- red to. '' Mr. AV. said the second instance of disadvan- tage to France which hi' proposed to nuiilidii, was the great tlill'erence between the nrticKs made contraband of war by the twenty-fniiiih article of the treaty of aniily and commerce, In- fore ivad to the Senate, and l)y the law of mi- tions. \\y the tivatv. provisions of all kiiKK ship timber, ship tackle (guns only exceptiij), anil a large list of other articles of trade and Cdin- merce, weix' declared not to be contraband of war, while the same articles niv expressly nmiif contraband by the law of nations. Heme .ui American vessel, clearing for a French port with a cargo of provisions or s!iip stores, was lawfid prize tt) a llritish cruiser, ns, by the law of ni»- tions, carrying articles contraband of war to aa enemy, while the same vessel, clearing fur a British port, with the same cargo, could not lie captured by a Fi-ench vessel, liecause the tnair declared that the articles composing the cars;!) should not be contraband as between the rniti-i! States and France. Mr. W. said the Senate would see, at a single glance, how eminently these two advantages on the part of (treat Uritain were calculated to turn our commerce to Iier ports, where, if the treaty between us and France was observed, our vessels could go in perfect safet}', while, laden with provisions, our only considerable export, and destined fur a French port, they were liable to cajiturc, as coi'rying to an enemy contraband articles. Up- ANNO IHil.V ANPUKAV .lArKSON, riU>*II)KNT. 403 ».i tlifin, mill tlif nn-iH Rilvnn- li, (>r till' ilillt'ivnt iiilc-t wliiili iiTtv Ik'Iwoi'uIIu' twoniilioim Siivlcs. TIk' lull' ImIwimii m I (|u« ('(inniH'iriul trciily nf iilnivi> inmloil r«>i''i» n |mrl, iiml us itiid (Jrt'iit llriluin, wi>>^ lliat iiiw tf niilion-^. Mr. W. Mii,| lu« Soiuili' t<)l»'ii>t '»"' '";• '"" H iH'twi'fii llii'Hi' ml''* til'nmw )iust«, lionuisf ii|H)n iIkhc twn IimI llu'tlillUMiltifs whii'li lollnw- IS, tliut, liy ll>»' tiTivl.v l)i'l\vt('u nr nhipsMlmll iilmi i;iv(' u fni'- Is; nixl I'vorv Hiii'N' f'<'>|l 'i*' nnil o\oni|>t wliioli sliall lnfi>im,i '^ )s lu'li)ii;;in;!; ti) llu> hiilij (■!■< ..f nfodorati'S, ultlioiijrli i1h« wlmlo iiirt thcrctif, shoiilil uiiiu'ilain oitiior, contnilmml p'mls liiiiivr ' wliilo the law orniitioii'^. wlucli svi'ou tis iH\il Knj;liu>tl, immiIc lliu V u lawful l>iiw', tlitnii^li loiniil m frioiid. IliMico it lollowcd lliat on lioiird of an AMicriraii vi-sil ■A\i[mv l>y Hritisli cruisers witli- our llajT,' <>!• a violation to ind r- lilo British in-oiu-rty <>u lioanlnf .sscl fould not 1h> caiitund l.y ;i k-ithout an insult !<• tin' ^W"^ i nuiiliim, litVoroni'i' hi'twci-n tin- articlis of war l>y tin- twenty fmuili ity of atuity ami <'onnntnv, tu- Sonato, and l)y tin- law of im- troatv. itroviniouH of all kiml'i, .p tiu'klo (p:u»« <^»h' «'X''''l't^'l). >f ollu'r artioli's of trado and cimi- iircii not to 1)1- oontralmiulif nu> articlos niv cxpri'ssly made ho law of nations, llonoe lui ck'aring lor ii Frcnoli port wiili sions or sliip storos, was lawi'id pli orniscr, as, liy the law of lu- utick's contraband of war to no ho same vessel, clearing for a th the same cargo, could not k ivneli vessel, Iteeanse the trciiiy e articles coniposinp the carp) )ntrahand as between the rnitoil mce. Mr. W. said the Senate i, sinjilc glance, how einineiitW tapes on the part of (5 real Ihitain to turn our commerce to lior f the treaty between »is and icrved, our vessels could po in —*-hilc, laden with provisions our hie export, and destined for* ley were liable to capture, as •nemy contraband articles. Ip- on their trlnrn, too, they were i'lpially out of ,|„„p.r from French cruisers, iis, hy the treaty, t'rec sliips made free the piods on lioiird ; while, if tlu'V cU'ared irom u port in Francis with a Kri'iitii cargo, they weiv lawful prize to the HritiHh. n|>on the principle of the law of nations, (liitt llio ^'oo^ls of nn enemy are lawful j)ii/.e, fveii when found in the vessel of a friend. "Itiilh nations were in conslaiit und ur);ent wHiit ■'' provisiiHis from the l niled Stales; and this diiMlile advantage to F.ngland of having lur ports o|M'U and free to our vessels, and of pos- M'ssiiig the right to capture those hound to Kreiuli ports, exasperated the French IU'|)uh!ic licvomi cudiiranee. Her ministers remonstrated with our government, eoutroverteil our cousl ruc- tion of Uritish rights, again renewed the accii- mtioiis ol partiality, and llnnllv threw olf the (ililigatioiis of the treaty ; and, liy n solemn de- cne of tlicu' authorities at home, estahlishid llu^ rule wliicii governed the pract eo ol' the I'rilish (•nii-icrs. Fraiici', assuming to helieve IhiU the 1 iiited States permitleil the neulrulity of her Hag to he violated hy the Uritish, without re- sistance, ileclared that she woidd liviit the liag (if all neutral vessi'ls as that Hag sliouhl pirmit itsi'lf to he treated by the olln'r belligerents. This opened our commerce to the almost indis- niiiiiiiate |ilunder and depredation of all the nowers at war, and but for the want of the pro- TisioMS of the I'liiled States, whi<'h was too stroniily tell both in Knglaud luid France not to govern, in a great degree, the policy of the two nations, it would Kcem jiroliuhlc, from the do(!u- nuntary history of the period, that it must havi' hccii swept from thi? ocean. Iiupellefl by this want, however, the Ibitish adoided the rule, at at early day, that the provisions capture should be brought to respect our rights. 'I'heso measures were persevi'ied in by the I nited Stales, up to September, IStMt. and were lirmi- nal«'d bv the In-iity between the two nations of the idllh of that month. Here, too, lerminateil c'.aiius which now (s-cupy the attcnlion ol' tiiu St'iuite. "As it was the object of the claimants to show a liability, «. '•'Jd. From IT'.IH to the treaty of tlie .'JDlh September, IHttl). " During the lirst period, Mr. W. said, these elfoits were coiillned to negol'ation, ami b« felt safe in th(> assertion that, during no equal period in the history of our government, could there be found s'lch untiring and unremitted exertioim to obtain justice for citizens who had heeii in- jured in their properties by the unlawful acts of a foreign power. Any one who would read the mass of iliplomatic coirespoiuk'nce between this government and France, IVom ITUii lo 17'.)H, and who would mark the freiiuent and extraor- dinary missions, hearing constantly in mind that the re(;overy of these claims was the only gnumd upon our part for the whole negotiation, would iind it dillicult to .say where negligence towards the rights and inti'icsts of its citizens is imputa- ble to the government of the 1 'nited States, during this jicriod. He was not aware that such an imputation had been or would be made ; but sure he was that it could not lie made with justice, or sustained by the facts upon the re- cord. No liability, therefore, eciuilahle or legal, had been incurriMl, up to the year 17UH. "And if, said Mr. VV., negligence is not im- putable, prior to 1708, and no liability had then iieen incurred, how is it for the secoiui iieriod, from 1798 to IHtlO? The ellbrts of tln^ former period were negotiation — constant, earnest, ex- traordinary negotiation. What were they for the latter |)erio(l ? His answer wa.s, war; actual, open war ; and ho believed the statute hook of the United States would justify him in the posi- tion, lie was WttU aware that this point would 494 THIRTY YBATIS' VIEW. .f ,(l ! ^ hit f '- 1 1 "i ^■ fuA'' ? 1 h<' Ktroniioticly cnntrovrrtcd, iHTaiist- the friends of the liill woiiM ndtiiit timt, if a stntt) of war bftwcfii the two roitiitricH did I'xist, it put an cm! ti) riaitns cxistinp prior to the wiir, niid not proviflcd for in tiu; lu'iity of jH-aco, as well an to all prctt'iicc for cluims to indemnify for injurioH to our coinnuTOt', committed by our enemy in time of wiir. Mr. W. said he had foimfl tlie evi- dence^ so nnmiroiis, to establish his position that a state of actual war did exist, that ne had been qtiile at a loss fi-oin what portion of the testi- mony of record to make his selections, so as to cstablisli tlie fact beyond reasonable dispute, and nt the same time not to weary the Senate by te- ^ dioiis references to laws and documents. He had finally concluded to confine himself exclu- Bively to tlie statute book, as the hijthest possi- ble evidence, as in his judgment entirely con- clusive, and as bcinpj susceptible of an arranpe- ment and condensation which would convey to the Senate the whole material evidence, m a satisfactory manner, and in less compass than ilie jiroofs to be drawn from any other source. He had, therefore, made a very brief abstract of a few statutes, which he would read in his place : " By an net of the 28th May, 1798, Congress authorized the capture of all armed vessels of France which had committed depredations upon our commerce, or wliich should be found hover- mg upon our coast for the purpose of commit- «ing such depredations. '•By an act of the 13th June, 1798, only six- teen dnys after the passage of the former act, Congrtt-s j)ro!iibited all ves.sels of the United States fn»m visiting an}' of the ports of France or her dependencies, uniler the jienalty of for- ^/I'iture of vessel and cargo ; required every ves- sel clearii'g for a foreign port to give bonds (the owner, oi factor and master) in the amount of the vessel and cargo, and good sureties in half ■ihat amount, conditioned that the vessel to which the clearance was to be granted, would not, vol- untarily, visit any port of France or her depen- dencies ; and prohibited all vessels of France, armed or unarmed, or owned, fitted, hired, or employed, by any person resident within the territory of the French Republic, or its depen- dencies, or sailing or coming therefrom, from en- tering or remaining in any port of the United Statf's, unless permitted by the President, by special passport, to be granted by him in each case. "By an act of the 25th June, 1798, only twelve days after the passage of the last-men- tioned act. Congress authorized the merchant vessels of the United States to arm, and to de- fend themselves against any sear-h, restraint, or seizurj. by vessels sailing under French colors, to repel force by force to capture any French vessel attempting a search, restraint, or .seizure, and to recapture any American merchant vessel which had been captured by the French. "Here, Mr. W. said, he felt constrained to make a remark upon the chai-acter of these eeve- ral arts of Cfmgress, and to call the attention of the Senate to their iKcuIiar adaptation to tho measures which speedily followed in future nc't.< of tho national legislature. The first, autho^ izing the capture of French armed vessels, waa peculiarly calculated to put in martial prepara- tion all the navy which tho United States then possessed, and to spread it upon our coast. Tho second, establishing a jK'rfect non-intcrcoiirK« with France, was sure to call home our mer- chant vessels from that country and her dciieii. dencics, to confine within our own ports tliose ves.sels intended for commerce with France, and thus to withdraw from the reach *)f the Freiuh cruisers a large portion of the ships ami prnin'r- ty of our citizens. Tho third, authorizing our merchantmen to arm. was the greatest indue*. ment the government could give to its cifizinj to arm our whole commercial marine, and wag sure to put in warlike preparation as great a portion of our merchant vessels as a desire of self-defence, patriotism, or cupidity, would ami Could measures more eminently calculated to prepare the country for a state of war have lieen devised or adopted ? Was this the intention of those measures, on the part of the governnii'iit, and was that intention carried out into action! Mr. W. said he would let the subsequent acts of the Congress of the United States answer; imd for that purjiosc, he would proceed to read from his abstract of tho.se acts : " By an act of the 28th June, 1798, three davii after tho passage o*" the act last referred to. Congress autliorized the forfeiture and condtui- nation of all French vessels captured in puiMi- ance of the acts before mentioned, and providwl for the distribution of the prize money, and l;ir the confinement and support, at the expense of the United States, of prisoners taken iu the cap- tured vessels. " By an act of the 7th July, 1798, nine dayi after the passage of the last-recited act, Con}:res» declared 'that the Unite' States are of right freed and exonerated from cne stipulations of the treaties and of th'j consular convention heretofore concluded between the United Statoi and France ; and that the same shall not heno forth be regarded as legally obligatory on th» government or citizens of the United States.' " By an act of the flth July, 1798, two days after tho passage of the act declaring void the treaties. Congress authorized the capture, by the public armed vessels of the United States, of all armed French vessels, whether within th« jurisdictional limits of the United States or upoa the high seas, their condemnation as prizes, tiieir sale, and the distribution of the prize money | empowered the President to grant coniniissioni to private armed vessels to make the same cap- tures, and with the same rights and powers, u public armed vessels ; and provided for tho tdt keeping and supjiort of the prisonei-s taken, il the expense of the United States. " By an act of the 9th February, 1799, Con- gress continued the non-intercourse between ti« ANNO isno. ANDREW JACKSON, rUKSIDKNT. 49.1 MR, ami to rail the iifffiitidn of ir iKriilinr adaptation to tho [K'oAily followed in future nclH •;;iBlature. The flrHt, nutho^ of French armed vessels, wm ted to put in martial prepiiru- which the United StuteH then spread it upon our eoivst. Ths ing a perfect non-intircoiir.^ sure to call home our nier- n that country and her dciien- e within our own iiorts tliose or commerce with France, and r from tho reach of the Fri'iich lortion of the ships and projior- u. Tho third, authoriziIl^' our arm. was the greatest in(ilu•^ ment cmild give to its citi/.cnj e commercial marine, and «m iviu'like preparation as griut a merchant vessels as a desiru of •iolisni, or cupidity, wotild ana more eminently calculated to itry for a state of war have been ed"? Was this the intention of on the part of the Rovernna'nt. tention carried out intouction! yould let the subseciucnt acts of tho United States answ'.T ; iind ', ho wotdd proceed to read from hose acts : f the 28th June, 1708, three davb ge o*" the act last referred to, rized the forfeiture and condim- rench vessels captured in pursii- before mentioned, and providid :ion of the prize money, and Tr , and support, at the expense of DS, of prisaners taken iu the cap- >f the 7th July, 1798, nine dayi J of the last-recited act, Con;:rei,» the Unite' States are of right ;rated from cne stipulations of id of tlvj consular convention uded between the United Statw d that the same shall not hence- led as legally obligatory on th» litizens of the United Stater;.' of the 0th July, 1708, two days be of the act declaring void tlie fss authorized the capture, by fed vessels of the United States, cnch vessels, whether within the inits of the United States or npon ,ieir condemnation as prizes, tlieir stribution of the prize money ) President to grant commissioiu d vessels to make the same cap- ' the same rights and powers, as fssels ; and provided for the baft pport of the prisonei-s taken, « the United States. of the 9th February, 1700, Con- tho non-intercourse between the United Slates and Franco for one year, (Vom the 3,1 .,f March, 1799. " By an act of the 2Hth February, 1709, Con- ffrcss provided for an exchangeof {jrisoners with Fnince, or authorized the I'resident, at his dis- cretion, to seufl to the dominions of France, without an exchange, sucli prisioners as might riinnin in the power of the United States. •• By an act of the lid March, 1799, Ci ingress diivi'tcd tlie ['resilient, in case anv citizens of tlie United States, taken on board vessels be- longing to any of the powers at war with France, 1)V French vessels, should bo put to death, cor- poially punished, or unreasonably imprisoned, to retaliate promptly and fidly ujion any French prisoners in the power of the Uiuted States. "Hy an act of the 27th February, 1800, Con- gress again continued the non-intercourse be- tween us and France, for one year, from the 3d of March, 1800. '• Mr. W. said he had now closed tho refer- ences ho proposed to make to the laws of Con- press, to prove that war — actual war — existed hctween tho Unitfd States and France, from Jiiiv, 1798, imtil that war wa.s terminated by the'treaty of tho ."^Oth of Septemlwr, 1800, Ik- had, he hoped, before shown that the measures of Congress, uj) to the jjas.'sapc of the act of Con- press of the 25th of June, 1798, and including that act, were appropriate measures preparatory to a state of war ; and he had now shown a to- tal suspension of the peaceable relations between th' two governments, by the declaration of Con- ;:riss that tho treaties should no longer be con- siiltivd binding and obligatory upon our govern- ment or its citizens. AVhat, then, but war could lie inferred from an indiscriminate direction to our public armed vessels, put in a state of pre- paration, by preparatory acts, to capture all aimed French vessels iipon the high seas, and from granting commissions to our whole com- mercial marine, also armed by the operation of previous acts of Congress, authorizing them to make the same captures, with regulations appli- cable to both, f«r the condemnation of the prizes, tlie distribution of the prize money, and the de- tmtioii, support, and exchange of the prisoners taken in the captured vessels? AVill any man, p;iid .Mr. \V., call this a st.%te of jjcace ? "[Here Jlr. Webster, chairman of the select conunitt-'e which reported the bill, answered, 'Certainly.'] •'Mr. W. proceedeion, con- sisting of Messrs. Marshall, Pinckni'y,and (ierry, and tlie consequent susi)ension of negotiation;! between tho two govermnents. during the perioil referred to ; and Mr. W. said, if the fact.^ and the national records did not show a state of war, he was at a loss to know what state of thing* between nations should be called war. " If, however, the Senate should think him wrong in this conclusion, anrl that the elaiiuB were not utterly barred by war, he trusted tho facts disclosed in this part of his argument would be considered sufllcient at least to protect the faith of the government in the discharge of its whole duty to its citizens ; and that after it luul carrieil on these two years of war, or, if not war, of actual force and actual lighting, in wliich tho blood of its citizens had been slieil, and their lives sacrificed to an imknown extent, for the single and sole purpose of enforcing these claims of indi- viduaJ.s, the imputation of negligence, ami hence of liability to pay the claims, would not be urged as growing out of this portion of the conduct of the government. " Mr. W. said he now came to consider tho treaty of the 30th September, 1800, anil the rea- sons which appeared plainly to his mind to have induwjd the American negotiators to place that negotiation upon the basis, not of an existing war, but of a continued peace. That such was assumed to be the basis of the negotiation, he believed to be true, and this fact, and this fact only, so far as he had heard the arguments of tho friends of the bill, was depended upon to prove that there had been no w;ir. IIu had at- tempteil to show that war in fact had existed, and been carried on for two years ; and if ho could now show that the iiulucenient, on tli« part of the American ministers, to place the ne- gotiation which was to put an end to the existing hostilities upon a peace basis, arose from nw considerations of a national or political chanio ter, and from no ideas of consistency with tlie existing state of facts, but solely from a desire still to save, as far as might be in their power, the interests of these claimants, he should sub- mit with great confidence that it did not lay in the mouths of the same claimants to turn round and claim this implied admission of an absence of war, thus made by the agents of the govern- ment out of kindness to them, and an excess of regard for their interests, as the basis of a li- ability to pay the damages which they had sustained, and which this diplomatic untruth, like all the previous steps of tho government, fiiiled to recover for them. What, then, Mr. 'I i '■im 5 tV tit IM ,i Ut^ .>t If 1.1 * *'-^' *M J -ill ■'111 496 TIIIRTr YEARS' VIEW. President, said Mr. W., was the subject on our part, of the constant and laborious negotiations carried on between the two povernmcnts from 1793 to 1798? The claims. What, on our part, WAS the object of the disturbances from 1798 to 1800 — of the non-intercourse — of the sending into service our navj-, and arming our merchant Tesscls — of our raising troops and j)roviding armies on the land — --f the expenditure of the millions taken from the treasury and added to our public debt, to equip and sustain these fleets and armies ? The claims. Why were our ci- tizens sent to capture the French, to spill their blood, and lay down their lives upon the high seas 1 To recover the claims. These were the whole matter. We had no other demand upon France, and, upon our part, no other cause of diH'erence with her. ■'What i)iiblic, or national, or political object had we in tiie negoti.ation of 1800, which led to the treatv of tlie 30th September of tluit year ? None, bi t to put an end to the existing hostili- tiz-s, and to restore relations of peace and friend- ship. These could have been as well secured by negotia'ing upon a war as a peace ba^is. Indeed, OS then were in our former treaties stipulations which we did not want to revive, a negotiation upon the basis of existing war was preferable, so far as the interests of the government were concerned, Injcause that would put all questions, growing out of former treaties between the par- ties, for ever at rest. Still our negotiators cou- Bent. (1 to put the negotiation upon the basis of continued peace, and why ? Because the adop- tion ( f a basis of existing war would hiive barred elU'Ctiuiily and for ever all classes of the claims. This, Mr. W. said, was the only possible as- Kignal)Ie I'eason for u.o •■ourse pursued by the American negotiators; it vas the only reason growing out of the existing facts, or out of the interest-, public or private, involved in the diffi- culties between tlie two nations. He therefore felt himself fully warranted in the conclusion, that the American ministers preferred and adopted a peace basis for the negotiation which resultee claimants, in case it shall be determined by the Senate that a war between France ami tlie I'nited States had not existed to bar ail ground of claim either against France or the United States. He iinderstood the claimanis to put this liability upon the as.seilion that the government of the United States had released their claims agiiiibl France by the treaty of the 30tli of Sei)teniln'r, 1800, and that the release was made for a i'l.'ll and valuable consideration passing to tlie liiited States, which in law and equity made it tiieir duty to pay the claims. The eonsideiation pas- sing to tlui United States is alleged to be their release from the onerous obligations imposed 1 f ( ANNO 1835. ANDKEW JACKSON. PRISIDENT. 497 jmned contrary to the intent im, b'-f..rc the knowledge of II be drained, the property 1, without delay, be restored bts contracted for by one of h indi% idnals of iho other, or le one with individuals of tho ,id, .ir the i)aynent may be same manner as if there had •standing between the two clause shall not extend to 1 on account of captures or said, was evidence from the by assuminf; a peace basis for ,e property of our nu'rchants ;()ndcnined was saved 1(j them, lasses of claimants a;iainst tlie It were provided for, and tlieir cserved. So nuich, therefore, r neftotiators by a departure d ncsotiiitiuK to i)ut an end to s upon the basis of a continued len, generous or just to permit because o\ir ministers did not all they claimed, to set up this ,u of continued peace as tlic [iabilitv ae;ain£t their own po- what'wa's not recovered from dd not so consider it, and lie [\try never would «'onsent to so iiplication fiom an act of exees- Iv. W. said he must not be uu- itt'ing that all was not. by llw ■eaty. recovered fron\ Fraiiee, .'cognized to be due. or ever ui- bn" the contrary, his best un- ,m what he hid been able to Ls. that the treaty of l.ouisuuia liyuient of all the claims winch Ued, ever intended to pay. or tlie most remote hope ot re- way whatever, lie should, in t of his remarks, have occa.^ion treaty, the claims which were il to compare the dauns puul before the treaty of September, lie now came to the considera- ty of the United States to iheeir Jclaims. The consideration pas- U Stales is alleged to be their onerous obligations miposed upon them b.v the treaties of amity and commerce and alliance of 1778, and the consular convention of 1778, and especially and principally by the seventeenth article of the treaty of amity an follows : ' •• The residue of the treaty, ^Ir. W. said, was a .substantial copy of the former treaties of amity and commerce, and alliance between the two nations, with such modifications as were desir- alile l« botli, and fus experience under the former treaties had shown to be for the mutual interests ol'bdtli. "This second article was submitted to the Senate i)y the President as a part of the tre.ity, as by the constitution of tl'.e United States the President was boinul to do, to the end that the treaty mig!tu" . and the remaining 20,000,000 were to be applid to the piiynient of these claims. Three s<'p;ir,ito treaties w''re made between the parties, iK-ariii^ all the same date, the first providing fir tin ct'sslon of the tenitory, the second for tlic|i:!v. ment of the t;0,('00,000 of francs In the I'nnAi treasury, and the third for the adjustment ami payment of the claims. "Mr. \V. said (he refeivncos proposed weiv ht the last-named treaty, and were the folKuvinu': " 'Art. 1. The debts due by France to citiziiw of the United Slates, contracted before Hie Stji of Vendcmiaire, ninth year of the French lie- public (30th SeptembiT, 1800), shall be pM according to the folhnving regulations, with in- terest at six pel- cent., to connnence from (he period when the accounts and vouchers were presented to the French government.' "'.4/7.12. The debts provided for by the pre- ceding article are (hose whose result is coniiirixij in the conjectural note annexed to the invseiit convention, and wliieh, with the interest, eaiiiuit exceed the sum of twenty millions of fiaiu'-. The claims comprised in the said note, wiiieh fall within the exceptiims of the following ar:i- cles. shall not lie admitted to the benefit of tiii> provision.' " ' .1//. 4. Tt is expressly agreed that tlic piT- ceding articles shall comprehend no debt- but such as are due to citizens of the United S(nto-. who have been and arc yet creditors of Fiance. for supjilies, for eiidiargoes. and prizis made at .H'a. in which the appeal has been iirojierly led^'wi within the time mentioned in the said conven- tion of the 8th A'endemiaire, ninth year (•lOtli Septend)er, 1800).' "'/1/7. 5. The preceding articles shall applv only. 1st, to captures of which the council of ANNO 1835. ANDREW JACKSON, PRESIDENT. 499 n liis mind, put an end to e striking ovit of this article States from obligations so a valuable consideration for nded for in this bill, lie obligation released— a mere ,jte— as onerous at all, or as ration whatever for a penuii- Icss for a liability for miliums. 2 now proposed to consKler of expunging the second ar- of 1800 was to release aiiy ny claim which France had 1 or ever intended to pay. ,own, by extracts fi'"'" tk rticlcs of the treaty of 1800, s of claims were saved by that ratified. The claims so re- •d for were paid in pui-suance Uiined in the treaty between nited States, of the SUth of to determine what claims were Mice to some of the articles of necessarj'. The purchase of ...k. by the United States fer ,0 000 of francs, (U),0()(M>00 of p'aid into the French tieaMir, n '10 000,000 were to be ai);)lid ,T' Ih'cse claims. Three sejianitf ,lo between the parties, beanii:: te the ^lr^t providing nr tli. rritory, the second for the l^;- ^00 000 of francs to the trencli „■ third for the adjustment aiM claims. the refeivncos proposed weiv 1m reatv, and were the follv>win;-': l^U.l.ts due by France to c,tr/.e.^ ,>tes, contracted before the Ml. ninth year of the French h.- .utember, 1800), shall he p.ul following regulations with m- cent to commence ln>m tiii' U. accounts and vouchers were French government, .lehts provide h'endemiaire, nuith year (.iOtli t^nrcccding articles shall ajiplr litu.es of which the council of prizes shall have ordered restitution, it being well understood that the claimant cannot have lYCoiu'se to the United States otherwise than l"" iiii"lit have had to the government of the I'lcncli Republic, and only in case of the insuffl- cieiuy of the captors ; 2d, the debts mentioned in tlie said fifth article of the convention, con- tracteil before the 8th Vendeniaire, and 9 ''SOth September, 1800), the payment of whic' . has been lieietoforc ch4imeil of the actual g.,i'ern- luent of France, and for which the creditors have a right to the protection of the United States; the said fifth article does not compre- Ir'ikI Di'izes who.se condemnation has been or shall be confirmed ; it is the express intention (if the contracting parties not to extend the lieiieiit of the present convention to reclama- tiiinsof American citizens, who shall liavc es- tablished houses of commerce in France, Eng- laiiil. or other countries than the United States, in partnership with foreigners, and who by that leason and the nature of tlieir coinmcrce. ought to be regarded as (loinicili;.>ed in the places where such houses exist. All agreements an.l bav;:ains concernijig merchandise, which shall nut be the property of American citizens, are ri[nally excepted from the benefit of the said rnnventiaii, saving, however, to such per.sons their ejainis in like manner as if this treaty had nut been made. '■ From these provisions of the treaty, Jfr. W. s:ii^l, it would a|near that the claims to be paid were of tliree descriptions, to wit : '• 1. Claims for supplies. '••2. Claims for embargoes. '11. Claims for captures made at sea, of a de- .srription defined in the last clause of the 4th ,in had not ]ierniitted him to look siifliciently into the docu- ments to make up his mind with prccisirm upon this point. lie had found, in a report r.ie.de to the Senate on the 14th of .lanuary, IH.jl, in fa- vorof this bill, by the honorable >Ir. I-iviiigston, t! en a Senator from the State of Louisiana, the f illowing classification of the French claims, as insisted on at a period before tlie making of the treatyof 180O. ! . wit: '■'1. From tilt capture and detention of about fifty vc3>els. '■'2. The detention, for a year, of eighty other I Tev=cls. under the T5ordeau.\ embargo. "" 'i. The non-paj'mont of supplies to the West \ India islands, and to continental France. "■■1. Fortlepredations committed on our com- ^ mome in the West Indies.' "Mr. W. said the comparison tf the two tCi.,ssifications of claims would show, at a single ,, I view, that Xo.s. 2 and 3 in Mr. Livingston's list [f were provided for by the treaty of 1803, from Iwhich he had read. Vt'liether any, and if any, |what portions of Nos. 1 and 4 in Mr. Living- ston's list were embraced in No 3 of the [iro- visions of the treaty, as he had numbered them, he was unable to say ; but this nuich he could say, that he had found nothing to .satisfy his mind that parts of both those das.ses of claims were not so included, and therefore provided for and paid under the treaty; nor had he l)een able to find any thing to show that tliis treaty of 1803 did not provide for and pay all the claims which France ever acknowledged or ever in- tended to pay. lie was, therefore, unprepared to ad;nit, and did not admit, that any thing of value to any class of individual claimants was released by expunging the second original ar- ticle from the treaty of the 30th September, 1800. On the contrary, he was strongly im- {fressed with the belief that the adjustment of claims provided for in the treaty of 1803 had gone to the whole extent to which the French government had, at any period of the negotia- tions, intended to go. "Mr. W. said this impression was greatly strengthened by the circumstance that the claims under the Bordeaux embargo were expressly provided for in this treaty, while he could see nothing in the treaty of 1800 which seemed to him to authorize the supposition that this class of claims was more clearly embraced within the reservations in that treaty than any class which had been admitted by the French government. " Another fact, Mr. W. said, was material to this subject, and should be borne carefully in mind by every senator. It was, that not a cent was paid by France, even upon the claims re served and admitted by the treaty of 1800, un til the sale of Louisiana to the United States, for a sum greater by thirty millions of francs than that for which the French minister was instructed to sell it. Yes, Mr. President, said ^Ir. W., the only pa3menl yet made upon any portion of these claims has been virtually made by the United States ; for it hits been made out of the consideration money paid for Louisiana, after paying into the French treasnry ten mil- lions of i^'ancs be3-ond the price France herself placed upe.i the territory. It is a singular fact that the Frei.eh negotiator was instructed to make the sale for fifty millions, if he could get no more ; and when he founpr(>|iriatc by this hill ? Would (hoy havo heon worth fiirtluT negotiation ? He thought they would not. " Mr. AY. said ho would avail himself of this occasion, when speaking of the treaty of Louisi- ana and of it'^ connection with these claims, to oxi)lain a mistake into which he had fallen, and which ho found fmm conversation with .several pontlomon, who had heen for some yoara meni- hers of Congress, had lu'cn common to them anil to himself. The mistake to which he al- luded wiis, the supposition that the claimants under this hill put their case upon the assump- tion that their claims had constituted part of the consideration for which Louisiana had been ceded to the United Slates; and that the con- sideration they contended the government had received, and upon which its liability n'sted, was the cession of tliat territory for a less sum, in money, tlian was considered to be its value, on account of the reUase of the French govern- ment from those |)rivate claims. He had rested mider this misapprehension until the opening of the present debate, and luitil he commenced an examination of the case. He then found that it was uu entire niis'ipprehension ; that the Uni- ted States had paid, in money, for Louisiana, thirty millions of francs beyoufi the price which France had .«et upon it ; that the claimants un- der this bill did not rest their claims at all up- on liiis basis, and that the friends of the bill in the Senate did not pretend to derive the liability of the government from (his source. Mr. AY. said he was induced to make this exi)lanatiou in justice to himself and k'cause there might be some person witliin the hearing of his voice who might still be under the same misappre- hension. " He had now, Mr. AA"". .said, attempted to establish the following propositions, viz. : '' L That a state of actual war, by wliich he meant a state of actual hostilities and of force, and an interruption of all diplomatic or friendly Intercourse between the United States and France, had existed from the time of the i)as- sage of the acts of the 7th and 0th of July, 1708. before referred to, until the sending of the negotiators, JiJllsworth, Davie, and Murray, in 1800, to make a treaty whicli put an end to the hostilities existing, upon (he best terms that could be obtained; and that the treaty of the 30th of September, 1800, concluded by these negotiators, was, in fact, and so far as private claims were concerned, to bo consideivd as a treat}' of peace, and to conclude all such claims, not reserved by it, as finally nititied by the two powers. *' 2. That the treaty of amity- and commerce, and the treaty of alliance of 1778, as well as the consular convention of 1788, were suspended by the 2d article of the treaty of 18(}0, and from that time became mere matters for negotia- tion between the parties at a convenient time ; that, therefore, the desire to get rid of these treaties, and of any ' onerous obligations ' con- tained in them, was only the desire to get riil of an obligation to negotiate 'at a convenient time ; ' and that such a consideration could not liavo induced the Senate of the United States to expimge that article from the treaty, if thereby that body had supposed it was imposing ujwn the coimtry a liability to pay to its citizens the sum of five millions of dollars — a sum much larger than France had asked, in money, for a full discharge from the 'onerous obligations' relied upon. " ;?. That the treaty of 1800 reserved and provided for certain portions of the claims ; that |)ayment, according to such reservations, \va.s made under the treaty of 180.'{; and th.it it is at least doubtful whether the payment thns made did not cover all the claims ever admittiii, or ever intended to be paid by France ; for which reason the expvmging of the second arti- cle of the treaty of 1800, by the Senate of tlie United States, in all probability, released no- thing which ever had, or which was ever likely to have value. " Mr. AY. .said, if he had been successful in establishing either of these positions, there \v;i« an end of the claims, and, by consetpiena', .t defeat of the bill. "The advocates of (he bill conceded that two positions must be established, on their jmrt, to sustain it, to wit : " 1. That the claims were valid claims ;ipain>t Fnina*, and had never been paid. And '' 2. That they were released by the govern- ment of the I'nited States for a full and valua- ble consideration passing to its benefit by nieaii* of the release. "If, then, a state of ^ar had existed, it would not be contended that an}' claims of tliis via- racter, not reserved or jirovided for in tlie treaty of peace, were valid claims after thera- titication of such a treaty. His first pniimsi- tion, therefore, if sustained, would deleat tho bill, by establishing the fact that the claiinN il not reserved in the treat}' of 1800, were not valid claims. " The second proposition, if sustained, wouM establish tho fa<'t that, inasmuch as the valu- able consideration passing to the United Stat(> was alleged to grow oi;t of the ' onerous ulili- gations ' in the treaty of amity and eonnnim'. the treaty of alliance, and the consular convcn- ti(m ; and inasnuich as these treaties, ami nil obligations, past, jiresent, or futtiro, 'onemu."' or otherwise, growing out of them, «ert> siiv jK'nded and made iiu>perative by the secniil article of the i .'aty of the .'iOth of SeptoiuWr. 1800, until further'negotiation, by the cnnim!! consent of both jiovaiM, should revive them, tie Senate of the United States could not have «• pected, when they expi'nged this article tMU the treaty, that, by thus discharging the piverii- ment from an obligation to negotiate 'at a con- venient time,' they were incurring against it i I ANNO 18.^6. ANDREW JACKSON, IMIESIDENT. 501 »e desire to pet rul of these ,V ' onerous obliRations ' con- ms only the e.n. , atv of the aOth of SeptemWr, rther-negotiation,by thecomn« tl powers, should revive t ".-a tl United States could ""t ''f ^ „ , thev expm.ged thi. art.ele \ms lat i;ythusdischaniingtlut.-vc.'v ^ oblivion to negotiate 'at ac ' they were incurrmgai-amsl It • liability of millions ; in other words, the dis- cliaij-'c of the govenunent from an obligation to ue^iotiate upon any 8 dyect 'at a cinvenient time,' cdulil not have been considered by the Senate of the Unite.' States as a good and valu- lilile consideration for the payment of private claims to the amount of five millions of dollars. "'I'lie third i>roposition, if sustained, wouhl prove that all tlie el liniBeveracknowledged, or ever iiiteiiiled to be ]mul by France, were paitaiii either, he had still another proposition, wh cli he considered conclusive and unanswer- alile, iis to any valuable consideration for the re- lra>e of these claims having passed to the United .■^tates in consequence of their discharge from the 'onerous obligations' said to have been eiintained in the former treaties. These ' one- niiis obligations,' and the only ones of which he had heard any thing in the course :««:« I '•MM I'W :: '!! Ill I; future negotiation, upon terms of equality, and the striking; out of that reservation was but a nmtiial and leciprocal and equal release from", the obligation further to nepfotiate. This much for the reciprocity of these obligations as derived from the action of the sovereign powers them- selves. " What was to bo learned from the action of their respective negotiators ? He did not doubt but that attempts had been made on the part of France to exhibit an inequality in the obliga- tions under the treaty, and to set up that ine- quality against the claims of our citizens ; but had our negotiators ever admitted the inequality to exist, or ever attempted to compromise the rights of tlie claimants under this bill for such a consideration ? He could not find that they had. He did not hear it contended that they had : and, from the evidence of their acts, re- maining upon iTcord, as a part of the diplomatic corrosjiondence of the period, he cotdd not sup- pose tiiey had ever entertained the idea. He had said that the Atnerican negotiators had al- ways treated these obligations as mutual, recip- rocal, and equal ; and he now proposed to read to the Senate a part of a letter from Messrs. Ellsworth, Diuie, and Murray, addressed to the French negotiators, and containing the project of a treaty, to justify his assertion. Tlie letter was dated 20th August, 1800, and it would be recollected that its authors were the negotia- tors, on tiio part of the United States, of the treaty of tiie ;}Oth of September, 1800. The ex- tract is as follows : "'1. Let it be declared that the former trea- ties are renewed and confirmed, and shall ha\e the siuiie eiiect as if no misunderstanding be- tween the two powers had intervened, except so far as they are derogated from by the present treaty. " ' 2. It shall be optional with cither i)arty to pay to the other, within seven years, three millions of francs, in money or securities which may be issued for indemnities, and thereby to reduce the rights of the other as to privateers and prizes, to those of the most favored nation. And during the said term allowed for option, the right of both parties shall be limited by the line of the most favored nation. " ' 3. The nmtual guaranty in the treaty of alliance shall be so specified and limited, that its future obligation shall be, on the part of France, when the United Stites shall be attacked, to furnish and deliver at her own ports military stores to the amount of one million of francs ; and, on the part of the United States, when the French possessions in America, in any future war, shall be attacked, to furnish and deliver at their own ports a like amount in provisions. It shiiil. moreover, be ojitional for either party to exonera' • itself wholly of its obligation, by paying to the other, within seven years, a gross sum of five millions of francs, in money or such securities as may be issued for indemnities.' ' Mr. W. asked if he needed further proofs that not only the American government, but tjio American negotiators, treated these obligations under the treaty as, in all respects, mutual, n.. ciprocal, and ecjual ; and if the fallacy of the ar- gument that the United States had obtained to itself a valuable consideration for the release of these private claims in the release of itsilf from these obligations, was not utterly and entirtly disproved by these facts ? Was iiot the relia-i' of the obligations on the one side the release of them on the other ? And wa.s not the one ri'- leasc the necessary consiiieration for the otlier ? How, then, could it be said, with any justice that we sought our release at the expense of tht claimants ? There was no reasonable groiiml for such an allegation, cither fiom the. acts of our government or of our negotiators. AViun the latter fixed a value upon our obligations as to the privateers and prizes, and as to the guar. anty, in the same article they lixed the same price, to a franc, upoii the reciprocal oblij;alii.iis of France ; and when the former discharged om liability, by expunging the second article of tlic treaty of 1800, the same act discharged the cor- responding liability of tlie French governuKiit. '• Here, then, Mr. W. said, must end all fnf. tcncc of a valuable consideration for these clainij passing to the United States from this soiirci'. The onerous obligations were mutual, rccijiroial, and equal, and the resj)ective releases w ere mu- tual, reciprocal, and equal, and simultani>aii5| and nothing could be fairly drawn from theaot which operated these mutual leleases to leutli: these claimants. " Mr. W. said he was, then, necessarily brought back to the proposition with which he startid in the commencement of his argument, tiiat, if the United States were liable to i)ay tiiese claimants, that liability must rest upon tlic broad ground of a failure by the governmmt, after ordinary, and, in this instance, extraonli- nary efforts to collect the money. The idea if a release of the claims for a valualtle consideni- tion passing to the government had been ex- ploded, and, if a liability was to be claimed m account of a failure to collect the money, upa what ground did it rest ? What had tlic j;uv- ernment done to protect the rights of tla-o claimants ? It had negotiated from 17'Ju w 1798, with a vigilance and zeal and talent al- most unprecedented in the history of diploman. It had sent to France minister after iniiii>ta, and, upon several occasions, extraordinary mis- sions composed of several individuals. Bi- tween 1798 and 1800, it had equii)ptd fiiti; and armies, expended millions in wariil\e !«• paration, and finally sent forth its citizen^ le battle and death, to force the payment ol i!, claims. Were we now to be tokl, that i:: failure in these efforts hud created a liabil;ij against us to pay the money ? That tiie mi:;.< citizens who had been taxed to pay tlie i\ penses of these long negotiations, and of iL' j war for the claims, were to be further ta.xeil ' pay such of the claims as we had laikdtoai ANXO 1835. ANDREW JACKSDX, PllKSIDKNT. 503 American government bit the tors, treiited these ooligations as, in all respects, mutual, re- il: ancUftlie fallacy of the ar- LVited States had obtiune(l to consideration for the reUaso of ims in the release of itsi If from i was not utterly an( cutinly se facts'? AVas not the reW-e 3 on the one side the rckaseof cr ? ^nd was not the one n- sv consi.leration for the otlitr I i it be said, with any justici', ,ur release at the exiJcnse of ll,t ere was no reasonable gnrnml ^{ration, either from the. acts of t or of our negotiators. W lau a value upon our obhgatioup as •s and prizes, and as to the guiir- me article they lixed the sau:i. ' upoii the reciprood obli-a mns [ 'when the former dischar'^wl uui puncing the second article of tli. the same act discharged Uie cor- )ility of the French goTernnKiit. Mr. "NV. said, must end all jm- ible consideration for these daiiii, . United States from this s^oiuv. . ijligations were mutual, reciinocal I the respective releases \yeie iiiu- il and equal, and simullamou-, ;ould be fairly di-awn from the lit :d these mutual releases to bemli; d he was, then, necessarily Iroiigl.i roposition with which he .tarud nicement of his argument, that, i! "states were liable to pay thi.e at liability must rest upon the ' of a failure by the goven.imm. . and, in this instance extraorai- 3 collect the money. IhouWaol lie claims for a valuable consukva- [to the government had bwinv f a liabihtv was to be claimed n;, tlure to collect the money, upn did it rest? What had the p- e to protect the rights ot h.-c 'it had negotiated from l.Ju u vigilance and zeal and ta ent al- [dented in the history of d,i.loi.uu:y. ' o France minister after luv.ibta, ■eral occasions, extraordinary iw-- sed of several individuals, k- land 1800, it had equippw tiav ' xpcnded millions in warlike \>k- .finally sent forth its citueu; ic Lath, to force the payni*-"" ; ;;'; re we now to be t..lcl, tha ,, esc efforts had created a liaUli; '';;;;5iemoney7 That U. s« , had been taxed to pay th ^ lese long negotiations aiu oi u> laims were to be further taxid!- {rclaTmsaswebadlaikJtoa. Icct ? lie could never consent to such a dediio- tion from such premises. " But, Mr. President, said Mr. W., there is another view of this subject, placed upon this basi.s, which renders this bill of tiifling impor- tance in the comparison. If the failure to collect these claims has created the liability to puy tliem, that liability goi'S to the extent of the claims proved, and the interest upon them, not to a partial, and perhaps tiifling, dividend. Who, then, wouM undertake to say what amount of claims might not Imj proved during the state of things he had described, fiom the breaking out of the war between France and England, in 1793, to the execution of the treaty, in 18i)U ? For a great portion of the period, the niunicipai regulations of France required the captured cargoes to be not confiscatecl, but paid for at the market value at the port to which the vessel was destined. Still the cap- ture would be proved, the value of the cargo ascertaiiic'l, before the commission which the bill proposes to establish ; and who would adduce the proof that the same cargo was paid for by the French government ? 'this principle, liowever, Mr. "W. said, went much further than the whole subject of the old French claims. It extended to all claims for spoliations upon our commerce, since the exist- ence of the government, which we had failed to collect. AVho could say where the liability would end ? In how many cases had claims of this character been settled by treaty, what had been collected in each case, and what amount ivniaiuL'd unpaid, after the release of the foreign j;()Vornmeut? lie had made an unsuccessful efl'ort to answer these inquiries, so far as the tiles of the state department would furnish the information, as he had found that it could only be collected by an examination of each indivi- dual claim ; and this would impose a labor upon the department of an unreasonable character, and would occupy more time than remained to furnish the information for his use upon the pre- sent occasion. lie had, however, been favored by the Secretary of State with tlie amounts al- lowed by the commissioners, the amounts paid, and the rate of pay upon the principal, in two recent cases, the Florida treaty, and the treaty with Denmark. In the former instance, the payment was ninety-one and two thirds per centum upon the principal, while in the latter it was but thirty-one and one eighth per centum. Assume that these two cases are the maximum and minimum of all the cases where releases have been given ibr partial payments ; and he begged the Senate to roliect upon the amounts unpaid which might be called from the national treasury, if the principle were once ad- r.iitted that a failure to collect creates a liability to pay. '• That in his assumption that a liability of this sort must go to the whole amount of the claims, he only took the ground contended for by the friends of this bill, he would trouble the Senate with another extract from the report of Mr. Livingston, from which he had before read In speaking of the amount which should be ap- propriated, Jlr. Livingston says: '■ ' The only remaining ini|uiry is the amount ; and on this point the committee have had some difficulty. Two modes of measuring the com- pensation suggested themselves : " ' 1. The actual loss sustained by the peti- tioners. " ' 2. The value of the advantages received, as the consideration, by the United States. " ' The first is the one demanded by strict justice ; and is the only one that satisfies the word used b}- the constitution, which recpiires just compensation, which cannot be said to have been made when any thing less than the full value is given. But there were difficulties which appeared insurnuiuntable, to the adoption of this rule at the present day, arising from the multiplicity of the claims, the nature of the de- predations which occasioned them, the loss of documents, either by the lapse of time, or tha wilful destruction of them by the depredators The committee, therefore, could not undertake to provide a specilic relief for each of the peti- tioners. But they have recommended the insti- tution of a board, to enter into the investigation, and apportion a sum which the committee have recommended to be approi)riated, pro rata, among the several claimants.' " ' The committee could not believe that the amount of compensation to the sullerers should be calculated by the advantages secured to the United States, because it was not, according to their ideas, the true measure. If the property of an indi\ idual be taken for public use, and the government miscalculate, and find that tlie ob- ject to which they have applied it has been injurious rather than benelicial, the value of the property is still due to the owner, who ought not to suffer for the false speculations which have been made. A turnpike or canal may be very unproductive ; but the owner of the land which has been taken for its construction is not the less entitled to its value. On the other hand, he can have no maimer of right to more than the value of his property, be the object to which it has been applied ever so beneficial.' " Here, Mr. W. said, were two proposed grounds of estimating the extent of the liability of the government to the claimants ; and that which graduated it by the value rt>ceived by the government was distinctly rejected, while that making the amount of the claims the measure of liability, was as distinctly asserted to be the true and j ust standard. He hoped he had shown, to the satisfaction of the Senate, that the former rule of value received by the government would allow the claimants nothing at all, while he w'as compelled to say that, upon tin' broad principle that a failure to collect creates a liability to pay, he could not controvert the correctness of the conclusion that the liability must be commen- surate with the claim. Ho could coutrovert, ho ''Hn u > 6-^4 THIRTY YFAUS- VIMW. I :i;,i. 'Kliil thouftht, successfully, the principle, but he could not the ini'iisuri' of damn^s when the principle WHS conceded. He would here conclude his re- ninrks upon the points he Imd noticed, hy the oainest (h'clnrntion that he believed the p:is.-.ii;ie of this hill would open more widely the doors of tiu- puMic treasury than any leftislntiou of which he had any knowledjre, or to which t'ou- press had ever yielded its assent. "Mr. \V. said he had a few observations to oll'er relative to tlie mode of lepslation pi-oposed. ami to the details of the hill, and he would trou- ble (he Senate no further. '• His lirst objection, under this head, was to the mode of legislation. If the povernment Iw liable to pay these claims, the ejniuiants are citizens of the country, and (/onjrress is as ac- cessible to them as to other claimants who have deniands apiinst the treasury. Why were they not permitted, individually, to apply to t'onpivss to I'stablish their respective claims, as other ci.iintiints were ImmukI to do, and to receive such relief, in each case, as Oonpress, in its wisdom, should see tit to prant ] Why weiv these claims, more than others, proujK'd lopether, and at- tenipted to be made a matter of national imiior- tauiv ? Why was a conunission to be established to ascertain their validity, a duty in ordinary cases discharged by Oonjrress itself? Were the Senate .-sun' tiiat n\ucii of the importance piven to these claims had not proceede(l from this as- sociation, and from the formidable amotuit thus jtresented at one view ? Would any gentleman be able to co ivince himself that, aclinp njion a sinjile claim in this iunuense mass, he should have piven it his favorable consideration 7 For his part, he considiivd the mode of Upislr.tion unusual and objectionable. Mis piincipal ob- jections to the details were, that the second section of the bill pix'.^cribed the rules which should povern the commission in deciding upon the claims, amonp which ' the former tivaties between the United States and France ' weie enumerated ; and that the bill contained no de- clar.ition that the payments made under it weiv in full of the claims, or that the respective claim- ants should execute a reknuic, as a condition of receiving their dividends. '■ The first objection was predicated upon the fact that the bill covered the whole period from the makinp of the treaties of 1778, to that of the 30th September, 18(K), and made the former treaties the ruleof adjudication, when Conpres,' on the 7th July, 17'.>8, by a deliberate legislative act, declared those treaties void, and no longer binding upon the United States or their citizens. It is a fact abundantly proved by the documents, that a large portion of the claims now to be paid, arose within the period last alluded to; and that treaties declared to be void should be made the law in determining what were nntl what wcr« not illegal captures, during the time that they were held to hav<' no force, and when our citizens were authorized by law to go upon the high sens regardless of their provisions, Mr. W. said. woiiNJ seem to him to be an absurdity which the Senate would not lepalize. He was ftdly aware {\\n.\ the first sec'ion of the bill purported to provide for ' valid cl.iims to indemnity upon the Fieiich goverimient. arising out of illegal captures, de- tentions, forcible seizures, illegal condemnations, and confiscations;' but it could not be over- looked that illegal captures, condemnations, and confiscations, nmst relate entirely to the law which was to govern the adjudication ; and if that l.iw was a void treaty which the claimants were not bound to observe, and did not ob.si rvo was it not more than possible that a captine condemnation, or confiscation, might, b}- coni- jiulsion, be adjiulged illegal under the rule fixed by the bill, while that same cai)ture, condennm- tion, or confiscation, was strictly legal undertlic laws which governed the commerce of th.e claim- ant when the captiiiv was made ? lie nmst say that it ajipeared clear to his mind that the rule of adJudicatioTi ujion the validity ofelaimsof this description, should, in all cases, be the same mlo which governed the commerce out of which the claims have arisen. " His second objectitm, Mr. W. said, was made more as a wish that a reconl legislation showed the futility of the insertion in an act of t'ongixNs of a declaration that the ai)proj)riation in;ide shoid"! be in full of a claim; and in tlii.s, as in other like ca.'-e.s, slioiihl this bill pass, he did not expect that it wouM bo, in practice, any thing more than an in.-talnu'iit upon the claims which wo»din)e sustained hefcin- the conunission. The files of the state de|mit- ment would contain the record evidence of tint lialance, with the admission of the govennnont, in tlie passage of this bill, that an equal lialiility rentained to jiiiy that balance, whatever it nii}rlit be. Kven a release from the resi)ective claimant j he should consider as likely to have no olhit ell'ect than to change their fulu're apjilicatiens from a i^j ANNO 18as. ANDREW JACKHON, rilRmOKXT. 505 ijT whnt were nnil whnt were cs, during; the time Uiat they no force, and when o\ir eiti/cns •y law to po upon the hifjli sciis, provisions, Mr. W. said, would an nhsnrdity whicii the Senate w. He was fnlly awnre that if the bill purported to iiiovidc to indemnity niton the French nj: out of illegal captures, dc- seizures. illegal condemnations, ;;' hut it could not he over- l captures, condenmations, and ist relate entirely to the law >vern the adjudication ; and if iiid treaty which the claimants lo observe, and did not olisi rvp, : than possible that a captiue, ' conliscation. mipht, by coiii- Iged illegal under the rule fixed L> that same capture, condeunia- ion. was strictly legal under the iiied the commerce of th.e claim- )tniv was made ? He must say clear to his mind that the rule jion the validity ofelaimsof this dd, in all cases,' be the same nilu the commerce out of which the en. )biecti(>n, Mr. W. said, was made tliiit a record of the intentions ('ongi'ess should be prescrveij ' the bill, than fr ed the futility of the iiiserliiiii igivss of a declaration that tiie ule should be in full of a claim; other like cases, should tliis not exi)ect that it wt)uld bo, thing more than an in.-talim'iu which would be sustained liefuiv The tiles of the state depart- tain the record evidence of tin; le adniissii>n of the government, r this bill, that an e.pial liability that bulanct\ whatever it uiisrlit ise from the iTspective clainlanl^ ider as likely to have no oilier hange their" futu're ajiplications of legal right, which they now to one of eiiuity and favor ; ami 'e that the latter would not Ik the former. He must give his . bill, whether modified in tlmt it, and he KhonMdo so under llu ear conviction, that it was a yr^ ■ t with greater dang(?rs to ilu than any law which had ever assent of Congress." CHAPTKll CXIX. FltENCII sroi.lATIONS-MIJ. Wi;i»STEI{3 SI'KECIt. "TiiK question, sir, involved in this case, is es- .^entially a judicial qut-stion. It is not a (piestion of public po'icy, but a (piestion of private right ; aipa'stion between the government and the pe- titioners : and, its the government is to be judge in its own case, it woidd seem to be the duty of its members to examine the subject with the most scrupulous good faith, and the most soli- citous desire to do justice. m "There is a jtropriety in commencing the ex- ntnination of these claims in the Senate, because it was the Senate which, by its amendment of the treaty of 18()(>, and its subsequent ratifica- tion of that treaty, and its recognition of the declaration of the French government, effectually released the claims as against France, and for ever cut oir the petitioners from all hopes of re- dress fmtn that quarter. The claims, as claims nizainst our own government, have their founda- tion in these acts of the Senate itself; and it may certainly be expecteil that the Senate will consider the eilects of its own proceedings, on private rights and private inteiests, with that candor and justice which belong to its high char- acter. •' It ought not to be objected to these peti- tioners, th.it their claim is old, or that they are now irviving any thing which has heretofore been abandoned. There has been no delay which is not rea'^onably accounted for. The treaty by which the claimants say their claims on France for the.^^c captures and confiscations were released was concluded in 1800. They immediately ap- plied to Congivss for indemnity, as will be seen by the rejiort made in 1802 in the IIou.«e of Representatives, by a committee of which a dis- tinguished member from Virginia, not now living [Mr. Giles], was chairman. " In 1807, on the petition of sundry merchants and others, citizens of Cliaileston, in Soiitli Ca- rolina, a committee of the House of Hepresenta- tives, of which IMr. iMarion. of that State, was chairman, made a report, declaring that the connnittee was of opinion that the government of the United States was bound to indcnmify the claimants. But at this time our alliiirs with the European powers at war had become exceed- inmal. I'roofs accoinpiinj them, and the ru.es of the tribunal reqvnre that, in each case, the true ownersliii) should be fully and exactly set out, on oath ; and be prove«l by the papers, vouchers, and other evidence. Now, sir. if any man is ac(iuaiuted, or will make himself ac- ([uaiuted, with the proceedings of this tribunal, so fiir o'^ to see who are the parties claiming the indemnity, he will .see the absolute and enormous error of those who represent these claims to be owned, in great part, by specu- lators. •' The truth is, sir, that these claims, as well those since 1800 as before, are owned and pos- sessed by the original sullerers, with such changes only as happen in regard to all other property. The original owner of ship and cargo; his representative, where such ovrner is dead; underwriters who have paid losses on accoimt of captures and confiscations ; and creditors of insolvents and bankrupts who were interested in the claims — these are the descriptions of persons who, in all these cases, own vastly the larger portion of the claims. This is true of , .» .,'*> '.ME. i • * ! ■ "* * L-! > yi i-.t -J? si F i 'Htn^:'ri ' son TUIKTV YllMW VIKW. 'it ^ Ili(> ("iMiins Dn Suniti, a>» i« uiosi iii:iiiir<-st fnnn till' iircK'cfilinfis of till" coimni^siiiiuTs uinlcr du' Sinmisli (pi'jily. It is (nic of flu< riaiiiis on Krani'i' inisinj; siiici> ISOO, ns is oiiniilly nmnil'i-t l>_v (he pnu-ciMliiifjs of tlu' coinmis- siont'iN now billing; inul it is o(|iiiilly Inic of till' claims wliich ari< tin- sulijci'l nf this dis- oiis^ioii, ami pruviilcd (or in this hill. In somo in-^lanci's claims have hci-n Hssiirnoil from one to another, in the si'lllomcnl of family alfairs. 'I'hiy have Ihmmi transferred, in other instances, to fccnre or ti> pay delits; they have heeii I ransfcrred, sometimes, ill the setllemeiit of iii- siiraiue act'oiints ; and it is jirolmhle theiv are a few eases in which the necessities of the liohl- ers have eompelled them to sell them, Unl iiothin.r can liet'nrther tVom the truth than that they have heen the general siihjeets of pnrchasi' and sale, and th.it they are now holden mainly l>y piirch.'isers from th(> original owners. 'I'liey have heen compared to the nnfimded deht. Hut that consisted in scrip, of tixed amount, and which ]Vheti)er there ho any claim, is in eat'h case a matter for ii.vestigation and prool"; and so is the amount, when the justice of tlie claim i(self is ("stahlislicd. These eircnm- stinees ;iiv of themselves ijuite snOicient to jire- vent the easy and frequent transfer of the claims from hanresentatives, with such e\ce|itions as I have alr<>ady inenfioned. .\s to the jiortion of the claims now owned hy nnderwrilers.it can hardly he necessary to say that they stand on the same eijnity and justice as if jMissossod and presented hy the owners of ships and goods. There i no more universal maxim of law and jiislir , throughout the civilized and commercial woi .d. than that an underwriter, who has paid a loss on ships or merchandise to the owner, is entitled to whativer may be received from the jtrojurty. His right accrues hy the very act of payment ; and if the property, or its proceeds, he after- wards recovered, in whole (>r in jiart, whe'her the recovery ho from the sea, from captors, or from the justice of foreign states, such recovery is tor the henetit of the underwriter. Any at- temjit. thorefoiv, to pix^judico these claims, on the ground that many of thorn helong to insur- ant eomjvinies, or other uiidorwritors, is at war with the tirst principles of justice. "A short, hut accui-jite, general view of the history and character of these claims is pre- sented in tho report of the Secretary of State, on the iJiUh of May. 1S2('). in coinplianco with a resolution of the Senate. Allow nie, sir, to road tho i>aragraphs : *' * 'i"ho Soeretary oan hanlly suppose it to have IxH'u tho intention of the resolution to re- quire the o.xprossion of iin argumentative opinion as to the degi'ec of responsihilily to tho Ameri- can snU'erers from {'"n'uch spoliations, uhich llic con\ention of 1S('() extinguished, on the part oi' France, oi- devolved on the I'liiled Slates, (lir Seujlte itself heing most competent to deeiil,. that (piotioii. I'nder this impression, he hopis that ho will have siiHieienlly lonformed to ih,. purposes of the Seuale, hy a hrii f slaleiuent, pH'paiod in a hurried moment, of what he uii- derslaiids to ho the iiiiestk'ii. '"The second articl(> of the ooiiveutiou of ISOO was in the following words: "The minis. tors plouipoli ntiary of the two parlies, not li,v ing ahio to agri'o. at proMiil. ies|M'eiing t'n' treaty of alliance of the (itli of i'Vluiiary, I77,s, the tn-aty of aniily and commerce of the .sinu' date, and tho convention of the 1 Ith of Nnveni- her, I7SS, nor upon tho indemnities muliuillv due or claimed, the parlies will negotiate I'lirllin on these siihjects, at a convenient time; ainl, until they may have agnvd upi>u these poins, tho said treaties and convention sh;dl have iin operation, and the relations of the two conn- triis shall ho regulated as follows." "'When that convention was laid before tli^ Senale.it gave its oonsent and ad\iee that it should be raliiliMl, provided that the second an i- ele he I'xpunged, and that the following arliili' he adiled or inserled: "It is agreed Iha! ilic present eonvenlion shall he in force for the lirm of eight years from tho time of the exchange ol' the ratilioations ;" and il was accordingly s-o ratilied by the I'residenI of the I'niled Sfiilis, on tho ISth day of I'Vbruary, iMOI. (hi ili,' .'Ust of .Inly of the same year, il was ratilinl by Monaitarle, First Consul of the French I'x- publie, who incorpor.'iled in the in.-liiinii iil .1' his ratiticalion tho folio; ing clause as |i;im ,1' it : "The governinoni of the I'nited Slates, li!i\- ing added to its ralilleatiiui that the omveiilinu should be in force for the space of oPihi yeiuv, and having omitted Ihe .second article, tliegm- erninont of tho Froiieh llepuhlic iniisenls to accejil, ratify, and contirni tho aboM-conveiUinii, with tho aihlitioii, impiu'ting that the conven- tion shall be in force for tho space of eight years, and with tho rotrenchnieut of Ihe second aiti- clo: /'/-or/i/cr/. That, hy this rotrenchnunl, ilu- two states roni>unoo the respective I'releii.-ions which are tho object of the said article.'' "*'l"he French ratilication being thus condi- tional, was, nevertheless, exohangod against tiiut of tho I'nitod States, at Paris, i>u the same iil-i of July. Tho President of the Inited Slatci; considering it nooessary again to suhiiiit tlic convention, in this state, to tho Siiiate, on tin- I'.UIi day of Deeoinber, 1801, il was resolved liy the Senate that they considered tho said conven- tion as fully ratified, and returned it to tliel'i-i>- sident for the usual promulgation. It was ac- cordingly promulgated, and thereafter reganiiil as a valid and binding compact. Tho two ooa- traeting parties thus agn'eil, by the letivnoli- ment of the secimd article, mutually to renounce the respective pretensions which were the ob- ANNO ls:i.V ANIHtr.W .lACKSON. I'lMMPKNT. 507 irH|)()iisil)ilily to tlio Aou'ri- Fnncli s|)(iliMtiiiiif, wliicli (1||. ) cNliiijiiiij-lu'il, on (111- |iin( ol' m1 nil llir rniltil Sliids, (lir ^; inosl coniiu'li'iit ('> ilciiilc ulcr llii-i iini>nssion, lir 1hi|i('s MidlciiMilIv (Oiilonni'tl (n ili,. HMiMlo, 1\\ II lirii r f-liilcnuni, rii'il jiiiiiiu'iit, of «lial lie uii- lO (jiii'stidi. irtitlo of Jlio fonvi'iil'mn of )ll<>\vin;4 wiinlH : " 'I'lu' minis. •V of liio t\vi> |iarlii's, not In*. 1'. lit juvMiit. )«'i-|H'(|iiif; tl>c of tlic (itli of I'Vliiuiu'v, ITTS, \ nml rointncn't' of tin- samr l-nlioii of (111- I Itli of NoMiii. on tlio iixlcninitios iniihi:ill\ i> |iiu'tii'H will lu'pitinio fiiillur 1. lit a coiu'cniciit liinc ; aiiij, ivc a^iH't'il upon llu-sc yt''\\\\<, iiiiil couvciilion "IimII liiiMim »• n'lations of tlii' two cinm- ilatcd as I'ollows." 'otuH'iilion was laid Ixfoic \]w Is consiMit and a(lvi*'i' tliat it , jiroviilril tliat till' sr«'on(l arii- \iiil llial till' lollowiiiii arliil.' rrti'il: '' It is a^n'i'd Ilia! liic 111 sliall I'l- in force forllic liriii >in tlu" time of tlie exeliaii;^e nt' ;" and it was aecordiiifily .-o ivsideiit of the Inited Stiilis, • of Fel.niary, l.HOl. On llu the same year, it was ratil'ml rst Consul of the I'reueh \\k- lorated in the in^tnmunl if follovinir elinise as imrt 1 1' nent of the Inited Slatt.N liii\- atilleation that the eonveiiliuM foi' the spaee of ejulit years, 1 the si'cond article, the j;in- I'reneli IteimMie consenls lo eonfii'in the ahove eonveiitinii, 1, im|>ortin}i- that the ediiviii- iree for the sjiaee of ei,i.'.hl yi"ir>, enehnicnt of the seeoiid aili- lat. by this retivnchiiuiit, llu' ice the iTsjieetivo i>ietiii>iiiiis ieot of the said artiele.'' iitiliontion heing thus cenili- heless, oxehniigod iip.aiiist tli;it tes, lit I'iuis. ini the same "Aa ■esidont of the Inited Stati'.< cessaiy npihi to submit tlu' is state, to the Senate, on tlu> mber. 1801, it was ivsolvetlliv ley eonsidered the said ooiivi'iv- ieil, and returned it to the rii>- uid imiinuljration. Itwasiu-- gated, and thereafter repnliil tidiu}!; compact. The two coii- thus agreed, by the ixtivncli- .d article, mutually to renounce •ctensions which were the oh- ieet of that aitiele, '\'\>: pieleiisions of the 'iiited States, to M hieh allusion is thus made, nriKeont of the hpohaiiniis imdii' color of {''leneli iiiithorily, in eontra\ention ^f law and e.xihtiiig (realies. 'I'Iiom- of l''ri nee; pninglVoin Ilit- treaty ef alliance of the f'lh of l''rlii nary, 177S, the tieiilv of aniily and eominercc of the same ilate, und the conveulion uf the I llh of No\emb(r, |7>«S. WhateveroMipitions oi- indemnities, from (liese soiirci s, eitlu'r parly had a ri|.',lit to de- iiiiind.were respectively wai\eliliition provides: "Nor shall private pro- jHily he tiikeii for public use, without Just eom- pensalion/' If the iiideninities to which citi- zens of the I'liiteil States were culille.d for French sp(diations juior to the JiOth of Septem- ber, IM'O, have bi'cn iippropriiiled to absolve the Vuitetl States from the fidtllment of an obliga- tion which they had <'ontracted, or from the payment of indemnilit's which they wcr' bound to make to France, the Senate is most compe- tent to determine liow far smh an appropriali^in is a public use of private property within the spirit of the coimtitution, and wliether e(|uitable considerations do not reipiire some compensa- tion to be tiiiitle to the chiimants. 'I'hc Senate is also best able to estiuuite the probability which existed of an nltiimito recovery from France of the amount due for those indemnities, if they had not been renounced ; in making which estimate, it will, no doubt, give just weight to the painful coiisiderjition that repeated and urgent appeals have been, in vain, mude to the justice of France for satisfaction of llagrant wrongs committed upon property of other citi- zens of the United States, subsequent to the poiiod of the ;5l>th of September, l.SdO.' '•JSefore the interference of our government with these claims, they constituted just demiuids against the government of France. 'I'hey were not vague expectations of j)o.ssiblc future in- demnity for injuries received, too uncertain to be a'gardcd as valuable, or be esteemed pro- perty. They Were just demiind>, and. as micli, they were piopeity. 'i he (oiiiik of law took notice of them as property. 'ilir\ >\t I'e rapablt> of being devised, of bci'.ig di--l i ibiited imicmg heirs and next of kin, and of bring lriiu>fei red .'Hid assigned, like other legal nnd jut debt-.. A claim or demand for a ship iinju-tly Mi/ the ^hip itself It may not be mi vnluiible, or mi ccilniii ; l)ut it is as clear a light, anil has been uniformly so regarded by the coiirls of law. The papers show that American citizens had clnim-; n^•aill^t the l'"rem'h governmi'iit for six bunihid iind lif- teeii vessels unlawfully seized iiihI conl'iMatcd. If this were so, it i^ dillicult to .^iee how the gov- ernment of the I'uited Slates can I'elea e IIhm- claims for its own beuelit, with any more pro- pricly tlian it could have applied the money to ils own Use, if (he French goycriimeiil hud been ready to make coinpenMition, in money, lor the property thus ill gaily sei/.eil and eonii'c.'ttc d ; oi- how the government could appro|iri:ile to it- self the just claims which the ow ni r- of lhi-c six hundred iind tifleeii vcsmIs helil agniiisl the wrong-doers, w ithoul niiikiiig conipen a I ion. any more than it could iip|iroprell', w ilhout making compeusaliou, six liumlred and lifteiii ships which had not been seized. I do not mean to ,sjiy that the rale of compensiitioii shoiiid It the same in both <'a.ses ; 1 do not ini;in to ,-iiy thill a claim Ibr a shi)) is of as much \.ilue as ii ship; but I mean to say that bolh the t tlio jjovniimi'iit of Knuicc, on nc- couMt of tlii'sc illfjtal captures and condcnnia- tionH. '• In the next place, it is admitted tliat them' claims no lonpcnxist aj;aiMst Fnince; that they have, in Home way, lieen e.Ntin<;uished or re- h'ased. as to her ; and that whe is for ever dis- cliarfred from all duty of paying or HatiMfyinj; them, in whole or in part. "These two jMjints beinji; admitted, it is then necessary, in order to Hiipport the present bill, to maintain four propositions : " 1. That the«' claims subsisted against France up to the time of the treaty of September, 1H(H), between France and the l-nited States. " 2. That they were released, surrendered, or extinguished bv that treaty, its amendment in the Senate, and the nuuiner of its final ratifica- tion. " 3. That they were thus released, surrender- ed, or extinguished, for political and national considerations, for olijeets and purposes deemed import:int to the United States, but in which these claimants had no more interest than any other citizens. " 4. That the amount or measure of indem- nity proposed by this bill is no nu)re than a fair and reasonable comjH'nsation, so far as we can judge by what has been done in similar cases. " 1. Were these subsisting claims against France up to the time of the treaty? It is a conclusive answer to this (piestion, to say that the government of the United States insisted that they did e.\ist, up to the time of the treaty, and demanded indemnity for them, and that the French government fully admitted their exist- ence, and acknowledged its obligation to make such indenuiity. "The negotiation, which terminated in the treaty, was opened by a direct pro|)()sition foi- indemnity, made by our ministers, the justice and propriety of which was immediately acceded to bv the ministers of France. "On the 7th of April, 18(tO, in their first let- ter to the ministers of France, Messrs. Fills- worth. Davie, and Murray, say : '• ' Citizen ministers : — The undersigned, ap- preciating the vahie of time, and wishing by frankness to evince their sincerity, enter directly upon the great object of their mission — an ob- ject whicli they believe may be best obtained by avoiding to retrace minutely the too well- known and too painful incidents which have rendered a negotiation necessary. " ' To satisfy the demands of justice, and ren- der a reconciliation cordial and iiermanent, they propose an arrangement, such as shall be com- patible with national honor and existing circum- stances, to ascertain and discharge the eijuitable claims of the citizens of either nation upon the other, whether founded on contract, treaty, or the law of nations. The way lieing thun prc- f)ared, the under>igned will lie at liberty to stipu- ate for that reciprocity and I'recdoni of coni- mercial intercourse between the two countrieK which »nust cs>eutially contribiilc to tluir mu- tual advantage. "'.•Should this general view of the subject lio api)roved by the ministers plenipotentiary to whom it is addressed, the details, it is prisunied, may be easily adjusted, and that confidence re- stori'd which ought never to have been shaken.' "To this letter the French ministers inmie- diately returned the following answer: "'The ministers pleni|)otentiary of the French Hepublic have read attentively the pi-oposifion for a plan of mgotiafion which was comnnnii- cateil to them by the envoys extraoidinary and ministers plenipotentiary of the United States of America. "'They think that the first object of the ne- gotiation ought to be the detern'ination of flic regulations, and the steps to be followed I'ur the estimation and indeinnillcation of injuries for which either nation may make claim for it- self, or for any of its citizens. Aiul that tliu second object is to assure the execution of tre:i- ties of friendship and commerce made bitweeii the two nations, and the accomplishment of the views of reciprocal advantages which suggested them.' "It is certain, therefore, that the negotiation connnenced in the recognition, by both parties. of the existence of individual claims, and of the justice of making .satisfaction for them ; audit is e(iually clear that, tl.roughout the whole ne- gotiation, neither party suggested that these claims had already been either satisfied or ex- tinguisheil ; and it is indisputable that the treaty itself, in the second article, expressly admitted their existence, and solendy ivcognized the duty of providing ft>r thei.i at some future period. " It will be observed, sir, that the French ne- gotiators, in their first letter, while they admit the justice of providing indemnity for individual claims, bring forward, also, claims arising inidtT treaties; taking care, thus early, to advance the pretensions of France on account of alleged vio- lations by the United States of the treaties of 1778. ()n that part of the case, I shall .siy something hereafter ; but 1 use this first letter of the French ministeis at present oidy to show that, from the first, the French government ail- mitted its obligation to indemnify individuals who had sutlered wrongs and injuries. " The honorable member from New- York [Mr, Wright] contends, sir, that, at the time of con- cluding the treaty, these claims had ceased to exist. He .«ays that a war had taken place Ih- tween the United States and France, and by the war the claims had become extinguished. I dif- fer from the honoiable member, both as to the fact of war, and ivs to the consequences to be de- duced from it, in this case, even if public war had existed. If we admit, for argument sake, that war had existed, yet we find that, on the ANNO 18H.V ANKllKW JAOKSOV, IMIKSIKI'.NT. 5()f) Tho way Mnp tl\u« pre- I will lit- at lilitrty to stipii- city mill fri'i'iloiii i>f com- n'twi'i'U llio two coimtricx ly contribute to tluir iim- Till vii'W of till' siilijt'ct lie iiiHters |ileni|)oti'i»li»ry to the tletnils, it iw pnsiiuud, •d, hikI tlmt coiilideiice rt- lOViT to Imve iHiii slmUeii.' ii- Kreucli ministers imiiie- followini: answer : I'nijMJtentiary of the French ittentively the in-oixisitiou lit ion whieh was conininni- cnvoys extraordinary ami tiary of the United .States t the first object of the tie- e the deteripinution of tiio ' steps to be followed lor indemnilieation of injuries on may make claim for it- its citizens. And that tliu ssure the execution of treii- id commerce made lutwccii 1 the iiccomplishmeiil of tlii' iidvantages which siig^estid .•refore. that the ne}r<>tiatioii rceofcnition, by both parliis. ndividnal claims, and of the latisfaction for them ; and it ., tl.roughout the whole ni- Hirty sn^rjieati'd that these been either satislicd or ex- indisputable that the treaty article, expressly admitted soli'inly RCOKiiized the duty [.I ill so'me future peiioil. [ved, sir, that the French nc- rst letter, while they admit \n<: indemnity for indiviilual rd, also, claims urisinj; under V, thus early, to advance the ce on account of allejied vio- L'd States of the treaties of u-t of the case, I shall say ; but I use this first letter ^teis at present only to show the French government ad- )ii to indemnify individuals rongs and injuries. nend)erfrom New- York [Mr. ir, that, at the time of con- these claims had ceased to 1 a war had taken place lu- tates aiul France, and by the become extiufiuished. 1 'la- able member, both as to the to the consequences to be de- this case, even if public wir e admit, for argument sake, cd yet we find that, on the n'sforation ofnmity, t)oth parties admit tho jng- tirc of these claims and their continued exist- ence, and the party a'/ainst whi<'h they are pre- fcrri'd acknowled(:es her ohlinalion and oxpre-g- i<^ her \villin;;ness to pay them, i'hemeie fa( . of war can never extinguish any claim. If, in- died, claims for indenmity be the professed j;n'iind of n war, anns. "The honorable member, sir, to sustain his point, nuist prove that the rnited States went to war to vindicate these claims ; that they waged that war unsuccessfully ; ami that they were therefore glad to make jieace, without obtaining piiyment of the claims, or any a>t ; but it is certain, also, not oidy that there was no declaration of war, ou either side, but tlmt the United States, under all their provoca- tions, did never authorize general reprisals on French comnterce. At the very moment when the gentleman sa3's war raged between the Uni- ted States and France, French citizens camo into our courts, in their own names, claimed restitu- tion for property seized by American cruisers and obtained decrees of restitution. They claimed as citizens of France, and obtained restoration, in our courts, as citizens of France. It must have been a singular war, sir, in which such pro- ceedings could take place. Upon a fair view of the whole matter, Mr. Presiilent, it will be found, I think, that every thing done by the United States was defensive. No part of it was ever retaliatory. The United States do not take jus- tice into their own hands, '• The strongest measure, pcrliaps, adopted by Congress, was the act of May 28, 1798. The honorable member from New-York has referred to this act, and chiefly relies upon it, to prove tho existence, or the rotnmcncement, of actual war. Hut does it prove- either the one or tho other ? " It is not an act declaring war; it Is not an iwt authorizing reprisals ; it is not an act which, in any way. acknowledges the actual ex- istence of war. Its wliole implication and im- port is the other way. Its title is. 'An act more elfectually to protect the conunerce ami coasts of the Uiiited States.' " This is its preanddo : "'Whereas armed vessels, sailing tmder au- thority, or pretence of authority, from the lie- public of France, have commitleil deinvdations on the commerce of the United States, and have recently captured the vessels and |iro|K'rty of citizens thereof, on aiuI near the coasts, in vi1 war did r.ot exist. IJut i ven if this act of Congress left tiie matter doul ful, otlier acts passed at and near the same time demonstrate J lie inidcrstanding of Congn.-ss to have been, that although the relations between the two countries weie greatly disturbed, yet that war _) augmenting the military force of the coun- try. This is the ground of the laws for raising a i»rovisional army. The entire provisions of all these laws necessarily suppose an existing stale of peace; but tlay imply also an apjuehensiun 1 hat war iniglit conunence. For a state of actiuil war they were all unsuited; and .some of tliem would have been, in suc".i a state, preposterous and absurd. To a state of present jieace, but disturbed, interrupted, and likely to termi- nate in open hostilities, they were all perfectly well adapted. And as many of these acts, iu express terms, speak of war as not actually ex- isting, but as likely or liable to break out, it is ANNO 1835. ANDREW JACKSON, PRKSIDF.NT. 511 licy made suitable provision sliould it occur; but it is J reconcile the express and so clarations of these statutes, ^8, running through 1799, and th the actual existence of war ■ountries at any period within e member's seconu principal it, to make out the fact of a e several non-intercourse acts, seems to me an exactly o\ypo- thc true one. In 1798, 179'J, Congress were pasted suspend- :ial intercourse between the z\\ for one year. Did any gov- s a law of temporary non-in- public enemy? Such a law ss than an absurdity. War it- L-ates non-iutercourse. It rcu- •ith the enemy illegal, and. of 11 vessels found soengage(l. willi capture and condemnation as ty. The fust of these laws '{?,, 1798, iae last, February 27, honorable member from Xew- >n th'! war commenced ? \\\\m ? "W i len did tlujse ' di flerences,' ts of L'ongress siwak. assume a neral hostility ? AVas there a I the 13th of June, 1798, when I 'he first non-intercouise ait; s in a state of public war, limit with the enemy to one year? state of peace in June, 1(98? af-ain, al what time after that •e""September, 1800, did the war iioultios of no small magnitude tleman. I think, whatever course 1 thw^e statutes, while he at- Vom them a state of war. The iryve. incontestably, a statf nf ndandgcred, disturbed, agitated state of peace. Finding them- of great niisunderstanding ami .ranee, and .^ceing our coinnurcc he rapacity of her cruisers, the i-ellrred non-infercourse to war, md of the non-intercourse acts, nevertheless, that war mijilit rcss made prudent provi.-ion lur \r the militarv force of the eoiiii- ~ ground of the laws for raisuig .ly. The entire provisions of all isnrily suppose an existing state ley imply also an appuhension commence. For a slate of aeUial .11 unsuited ; and some of tlicm n, in suc'.i a state, preposterous To a state of present peace, nterriipte our own ;.ov- eriiment, when they undertook the mission, di- reeled them to insist on the claims of Anierican citizens against France, to propose a joint lioanl of commi.s,f Iran'e ted States, constituted the lo- Is of the two parties. Uiey orward together, discussed t..- antosrether. The rieiuh iniu- ver c'onsent to .lisconnect tliem. ,itted, in the fullest maimer. tl>e ,lo, thev maintained, with reiso- tion the claims on the siMe of d.l fatigue the Senate weiv 1 to whole corivspondencc, anil show, v- do, that, in every stage o Ik L' two subjects were kept lu- only refer to some of the iiioiv Idccisive parts. . . , ' place, the general mstn.cno,,,. kers received lom our own x"\- they undeit..ok the mission. .1,- insist on the claims of All.™ I France, to propose a joint hoanl rs to state those claims, and to he cl'-xims of France for mtnn.,T. re-itv of commerce to the same read, sir. so much of the mslruc- •hend these points : opening of the "^?"V» .''^"f "f I French ministers that the I m- cct from Fiance, as an in.hsviii- of the treaty, a stipulation to tizens of the 'united States lul or all loss.es and .lamages which \ sustained by reason ol iriTgi.kr urcs or ondemnations of tlieir Icr propevty,"n«ler color of all- usions 1-rom the French 1 e,,i. .- ts And all captures and om- ! deemed irregular or iUegawlini xc law of nations, general \ n- nowlcdgcd in Europe, and to tit fX tiJaty of anmy and nj r.th of February, 17 (H, fail 1\ .»"i fterpreted, while that treaty k- le preliminaries sbtmhl he sutiv Iped, then, for the puriioseol^v lljusting all the claims (l it, nnd look to the subsequent ftgreenu'iit of the two governments to renounce cliiims, on both sides, and not ndmit that the propert}' of these private citizens has been taken to buy off embarrassinf; claims of Franco on the povemment of the United States, I know not what other or further evidence could ever force that conviction on his mind. " I will conclude this part of the case by showing you iiow this matter was understood by the American administration which finally accepted the treaty, with this renounconient of indemnifies. The treaty was negotiated in the adrfiinistration of Mr. Adam.«. It was amended in the Senate, as already stated, anil ratified on the third day of February, 1801, Mr. Adams being still in ofSce. Being thus ratified, with the iimendmeut, it was scut back to France, and on the thirty-first day of July, the first Consul ratified the treaty, as amended by striking out the second article, but accompanied the ratifica- tion with this declaration, ' provided that, by this retrenchment, the two states renounce their respective pretensions, which are the ob- ject of the said article.' " With this declaration appended, the treaty name back to the United States. Mr. Jefferson had now become President, and Mr. Madison was Secretary of State. In consequence of the declaration of the French government, accom- panying its ratification of the treaty and now attached to it, Mr. Jefferson again referred the treatj' to the ISenatc, and on the 15)th of Decem- ber, 1801, the Senate resolved that they consi- dered the treaty as duly ratified. Now, sir, in order to show what Mr. Jefferson and his ad- ministration thought of this treaty, and the effect of its ratification, in its then exist- ing form, I l)cg leave to read an extract of an official letter from Mr. Madison to Mr. Pinck- ney, then our minister in Spain. Mr. Pinckney was at that time negotiating for the adjustment of our claims on Spain ; and, among others, for captures committed within the territories of Spain, by French subjects. Spain objected to these claims, on the grounc^ that the United States had claimed redress of such injuries from France. In writing to Mr. Pinckney (under date of Feb- ruary Cth, 1804), and commeuting on this plea of Spain, Mr. Madison says : " ' The plea on which it seems th'» Spanish gov- ernment now principally relies, is the erasure of the second article fiora our late convention with France, by which France was released from the indemnities due for spoliations committed under her immediate responsibility to the United States. This plea did not apjHjar in the early objections of Spain to our claims. It was an afterthought, resulting from the insufficiency of every other plea, iind is certainly as little valid as any other.' "'The injuries for which indemnities are claimed from Spain, though committed by Frenchmen, took i)lace under Spanish authority ; Spain, therefore, is answerable for them. To her we have looked, and continue to look for redress. If the injuries done to us by her re- sulted in any manner from injuries done to her by France, she may, if she pleases, icsort to France as we resort to her. But wliethcr her resort to France wotdd bo just or unjust ig a nuestion Iwtween her and France, not between eitner her and us, or us and France. We cluim against her, not against France. In releasing France, therefore, we have not released her. The claims, again, from which France was re- leasetl, were admitted by France, and the release was for a valuable consideration, in a correspon- dent release of the I'nited States from certain claims on them. The claims wo make on Spain were never admitted by Frano, nor made on France by the United States ; they made, there- fore, no part of the bargain with her, and could not be included in the release.' " Certainly, sir, words could not have Iwn used which should more clearly aflirni that these individual claims, these private rights of prcqierty, had been applied to public uses. Mr. Madison here declares, une(]iiivocally, that thecc claims had been admitted by France ; that tlioy were iTlinquished by the government of the United Stjvles; that they were relinquislicd fur a valuable consideration ; that that C()iisi(lei-,i. lion was a correspondent release of the riiitid States from certain claims on them ; niul that the whole transaction was a bargain lictweiii the two goverinnents. This, sir, be it remem- bered, vvius little more than two yeais after the final pronuilgation of the treat}' ; it was hy the Secretary of State under that adniinistratidn which gave effect to the tr -aty in its iiniended form, and it proves, beyond mistake and liejond doubt, the clear judgment which that adniiuis- tration had formed upon the t rue nature and character of the whole transaction. CHAPTER CXX. FRENCH 81H)L1ATI0NS-MK. BENTONfl SPEECH. "Thk whole stress of the question lies in a few simple facts, which, if disembarrassed from the confusion of terms and conditions, and viencd in their plain and true character, render it dii- cult not to arrive at a just a^d cori-oct view of the case. The advocates of this measure liavf no other grounds to rest their case upon than an assumption of facts ; they assume that tiie j United States lay under binding and onerom j stipulations to France; that the claims ofthii bill were recognized by France ; and that tin ANNO 1835. ANDREW JACKSON, PRESIDENT. 515 ace under Spanish ftuthonty; , answcrnWo for them Jo i\ and contimic to look for ihiries done to ns by her re- Luner from injuries done to , „ay, if fi»'0 pleaBes, resort vBort to her. Btit wk-ther ce would be just or unjust ,s n her and France, not between or UH and France. AVeelmm against France. Tn releasing . we have not relcafied her. 'from which France was re- tted by France, and the release consideration, in a correspon- ho United StAtcs from certain The claims wo make on bpain tted by Fi-anc-,, nor made on „itcd suites ;thev made thero- the bargain with her, and could in the release.' ir words could not have l)een ould more clearly aflirm that 1 claims, these private rights of con applied to pub ic ii^es Mr. eclai-es unequivocally, t. at tioH^ 1 admitted by France ; that ti- lled by the government of the that they wei-ereliiuiuishe.1 for siderntion ; that that cousi.kn- ;8poident\eleasc<.fthelnit.^^ Kain claims on them; and that .suction was a bargaui betweou .uents. This, sir, be it rmem- e more than two years after k lionof the treaty ;.t was by the State under that nduiniislrati..n ,ct to the tr | ernmenl of France ! The law of nations urged against them ; because, having eng in a state of war, on the r. ount of them had no right to a double re ss — first bj| pris:ils, and afterwards bj'^ indemnity ! Besif France justified her spoliations, on tlie gra that we violated our neutrality ; that the s seized were laden with goods belonging tul English, the enemies of France ; and it is f known, that, in ninety-nine cases out of a | ANNO 1885. ANDREW JACKSON, PRESIDENT. 517 common sense, as It was on the Vith what reason, 1 would ask, press the American people to 8,whenitwouldbeunrca8on- *U herself to pay them? I mmitted the wrong, could not I upon to atone for it, how can les now be called upon for tlus 1798, the treaty of peace with tually abolished by various acts .thorizing hostilities, and by pro. the President to the same effect; cd on account ofits violation by count of those depredations which upon us to make good. By tho.e ,re88 we sought satisfaction for : and, having done so it was too 'ds to seek fresh satisfaction by ademnity. There was war, ^r, as ,„ from Georgia has clearly show. ccount of these spoliations -anJ ,ght redress, by acts of w^aifar..,.c Ues from the right of donuna. by indemnity. We could no^W urge these claims agamst France: rore demand, how can they be urged ? What arc the invincible arpi- Lich gentlemen establish the justice ' of tliese claims 1 For surelyW- hsent to sweep away millions ro. |treasury,weoughttohearatle. 'reasons. Let me examine thoug^ '-he argument to prove the vahd.u ,ims, and that we are boimd to pay [is- France acknowledged them, am Siates took them upon herself; tk ere paid by way of offset, and tie .onsiLation the United States . ^ release from her pretended obi.?- ,w, sir, let us see how France ackuo. Z These very claims were denKi U rejected, by every successive p. 7f France '.The law of nations .V Ltthem; because, having cnga,.! rofwar,o;the..ountoftlm« Lftloa'doublere — «-t ^^H ' d afterwards by indemmty Be. j «tified her spoliations, on the H !:d our Neutrality; that the J e laden with goods belong'ng^ the enemies of France; aiu.j hat, in ninety-nine cases out of ah.1 dred this was the fact — that American citizens lent their names to the English, and were ready to risk all the dangers of French spoliation, for sake of the great profits, which more than covered the risk. And, in the face of all these facts, we aixi told that the French acknowledged tlie claims, paid them by a release, and we are now bound to satisfy them \ And !iow is this proved ? Where are the invincible arguments l)V which the public treasury is to be emptied ? liear them, if it is pos.sible even to hear them with patience ! When we urged these claims, the French negotiators set up a counter claim ; and. to obtain a relea.se from this, we abandoned them ! Thus it is that the French acknowledged these claims ; and, on this pretence, because of this diplomatic cunning and inf^enuity, we are now told that the national honor calls on us to pay them ! Was ever such a thing heard of before? Wh}', sir, if we pass this bill, we shall deserve eternal obloquy and disgrace from the whole American people. France, after re- peatedly and perseveringly denying and resist- ing these claims, at U ?t gets rid of them for ever bv an ingenious trick, and by pretending to ac- knowledge them ; and now her debt (if it was a debt) is thrown upon us ; and, in consequence of this little irick, the public treasury is to be tricked out of several millions ! Sir, this is mon- strous ! I say it is outrageous ! I intend no personal disrespect to any gentleman by these observations ; but I must do my duty to my country, and I repeat it, sir, this is outrage- ous! " It is strenuously insisted upon, and appears to be firmly relied upon by gentlemen who have I advocated this measure, that the United States has actually received from France full consider- ation for these claims ; in a word, that France has paid them ! I have already shown, by his- torical facts, by the law of nations, and, further, hy the authority and actions of Washington himself, the father of his country, that we were placed under no obligations to France by the treaty of guaranty ; and that, therefore, a release from obligations which did not exist, is I no valuable consideration at all ! But, sir, how can it be urged upon us that France actually paid us for claims which were denied and re- listed, when we all know very well tliat, for undisputed claims, for claims acknowledged by treaty, for claims solemnly engaged to be paid, we could never succeed in getting one farthing ! I thank the senator from New Hampshire (Mr. Hill), for the enlightened view he ha.s given on this ca.se. What, sir, was the conduct of Napo- leon, with respect to money ? He had bound himself to pay us twenty millions of francs, and ho would not pay one farthing ! And yet, sir, we are confidently assured by the advocates of this bill that these claims were paid to us by Napoleon ! When Louisiana was sold, he or- dered Marbois to get fifty millions, and did not even then, intend to pay us out of that sum the tweaty millions he had bound himself by trea- ty 10 pay. Marbois succeeded in getting thirty niillioiui of francs more from us, and from this the twenty millions due was deducted; thus, sir, we were mmle to pay ourselves our own due, and Napoleon escaped the payment of a farthing. I mean to make no reflection upon our negotiators at that treaty ; we may be glad that we got Louisiana at any amount ; for, if we had not obtained it by money, we should soon have possessed it by blood: the young West, like a lion, would have sprung upon the delta of the Mississippi, and we should have had an earlier edition of the battle of New Or- leans. It is not to be regretted, therefore, that we gained Louisiana by negotiation, although we paid our debts ourselves in that bargain. But Napoleon absolutely scolded Marbois for allowing the deduction of twenty millions out of the sum we paid for Louisiana, forgetting that his minister had got thirty millions more than he ordered him to ask, and that we had paid ourselves the twenty millions due to us under treaty. Having such a man to deal with, how can it be maintained on this floor that the United States has been paid by him the claims in this bill, and that, therefore, the trea- sury is bound to satisfy them ? Let senators, I entreat them, but ask themselves the ques- tion, what these claims were worth iu the view of Napoleon, that they may not form such an unwarranted conclusion as to think he ever paid them. Every government of Frvnce which pre- ceded him had treated them as English claims, and is it likely that he who refused to pay claims subsequent to tli<;se, under treaty signed by himself, would pay old claims anterior to 1800? The claims were not worth a straw ; they were considered as lawful spoliations ; that by our proclamation we had broken the neutrality; 518 THIRTY YEARS' VIEW. m .11 « ;j;,- ir, and, after all, that they were incurred by English enterprises, covered by the American flag. It is pretended he acknowledged them ! Would he have inserted two lines in the trea- ty to rescind them, to get rid of such claims, when he would not pay those he had acknow- ledged ? To recur once more, sir, to the valuable con- sideration which it is pretended we received for these claims. It is maintained that we were paid by receiving a release from onerous ob- ligations imposed upon us by the treaty of guaranty, which obligations I have already shown that the great "Washington himself pro- nounced to be nothing; and therefore, sir, it ])Iainly follows that this valuable consideration was — nothing ! Whot, Kir ! Is it sr.id we were roloapcd from obligations ? From what cijligatlons, I would ask, were we relieved? From tlie obligation of guarantee.. ig to France her American posses- sions ; from the obligftiiou of couquering St. Domingo for France ! B'roi" an impossibility, sir! for do we not know that this was im- possible to the fleets and armies of Fiance, under Le Clcrc, the brother-in-law of Napoleon himseli"? Did they not perish miserably by tbo knives of infuriated negroes and the deso'.ling ravages of pestilence { Again, we were released from the ob igation of restoring Guadaloupe to the French ; which also was not possible, unless '.ve iiad entered into a war with Great Britain ! And thuR, sir, the valuable consideration, the release by which these claims are said to be fully paid to the United States, turns out to be a release from nothing ! a release from absolute impossibilities ; for it was not possible to guar- antee to France her colonies ; she lost them, and there was nothing to guarantee ; it wbs a one- sided guaranty ! She surrendered them by treaty, and tb »re is nothing for the guaranty to operate on. The gentleman from Geoi^ia [Mr. King], has given a vivid and able picture of the exe, tions of the United States government in behalf of these claims. He has shown that Ihey have been paid, and more than paid, on our part, by the invaluable blood of our citizens! Such, i^deed, is the tiici. "What has not been vlone by the United States on behalf of these clu'ms? For these very c'cims. for the protection of thoso very claim*ult, mo than political differences. The pooplc weie taxed and sufTcrud for thci same claims in that day j and now thoy ai brought lorward again to exliaust the pnbl treasury and to sweep away more millions m from the people, to impose taxes again upon tlicn for the very same claims for which the f eo] have already once been taxed ; reviving tlie s) tem of '98, to render loans and debts and c cumbrfinceB again to be required ; to embaira the government, entangle the State, to inipovi; ish the people ; to dig, in a word, by gradii measures of this description, a pit to plunge nation headlong into inexti-icable difficulty ar ruin! The government, in those days, perforracl duty to the citizens in the protection of tli commerce; and by vindicating, asserting, ai satisfying these claims, it left nothing und which now is to be i^^ne ; the pretensions of tl bill are therefore utterly unfounded ! Dut are reciprocal j the duty oi ffovernment is p tection, ar/d thct of citizens al'iii with energy and zeal, its duty to the cuiztn it has protected end now is protecting tht rights, and asserting their just claims. Vv'itn. our navy, kepi up in time of peace, for the pi tection of commerce and for the profit of o .;i 11^ iV ANNO 1835. ANDUKW JACKSON, rUF-SlDENT. 519 so both in military and naval jnorablo senator read a long list naval preparations made by Con- rotection of these claims, specify- ,nd the numbers.] e United SUtes confine herself Rtrenous exertions and expensive Bsides raising fleets and armies, slie e Atlantic embassies and agents ; crs of marque, by which every iual might take his own remedy nself his losses. For these very jple were laden at that period with Ijesides the blood of our people lilt for tb.m. Loans were raised cent, to obtain reilvess for these what Wiis the consequence? It he men in power at that period ; vhich produced that u^mlt, more I differences. J were taxed and sufTcrLd for those in that day ; and now they are yard again to exhaust the imhlic I to sweep away more millions yet pie, to impose taxes again upon tlum same claims for which the n:o\k once been taxed ; reviving the sys- ,o render loans and debts ami en- again to be required ; to embarrass lent, entangle the State, to inipovor- ple ; to dig, in a word, by gradual this description, a pit to plunge the ong into inextricable diflieulty and •nment, in those days, performed its citizens in the protection of their and by vindicating, asserting, and lese claims, it left nothing undone s to be O'^ie ; the pretensions of this refore utterly unfounded ! Duties al , the duty oi L'overnment is pro- thct of citizens al''!giance. Tiiis 8 to throw upon the present g'^- e duties and expenses of a former whi -h have been already once ac n its part, government has <".itilh'- r and zeal, its duty to the cuizens; ccted »nd now is protecting their Inserting their just claims. V/itrs ept up in time of peace, for the pifr jommerco and for the profit of oui citizens; witness our cruisers on every point of the globe, for the security of citizens pursu- ing every kind of lawful business. But, there are limits to the protection of the interests of individual citizens ; peace nmst, at one time or other, be obtained, and sacrilices are to be macio for a valuable consideration. Now, sir, peace i.' a valuable consideration, and claims are often necessarily abandoned to obtain it. In 1814, we gave up claims for the sake of peace ; we gave up claims for Spanish spoliations, at the treaty of Florida ; we gave up claims to Den- mark. These claims also were given up, long anterior to others I have mentioned. When peace is made, the claims take their chance; some are given up for a gross sum, and some, such as theoc, when they are worth nothing, will fetch nothing. IIow monstrous, therefore, that measure is, which would transfer abandon- ed and disputed claims from the country, by which they were said to be due, to our own country, to our own government, upon our own citizens, leqtiiring us to pay what others owed (nay, what it is doubtful if they d' ' owe); re- quiring ns to pay what we have never received one furtliing for, aud for which, if we had re- ceived millions, wo hav; paid away more than those millions in arduous exertions on their be- half! I should not discharge the duty I owe to mj' country, if I did not probe still deeper into these transactions. What were the losses which led to these claims ? Gentlemen have indulged themselves in all the flights and raptures of poetry on this pathetic topic ; we have heard of '■ ships swept from the ocean, families plunged in want aud ruin ;" and such like ! What is the fact, sir ? It is as the gentleman from New Hampshire has said : never, sir, was there known, before or since, such a flourishing stute of com- merce as the very time and period of these spoil 'tions. At that time, men made fortunes if they saved one ship only, out of every four or five, from xhe French cruisers ! Let us examine the stubborn facts of sober arithmetic, in this case, and not sit still and see the people's money charmed out of the treasury by the persuasive notes: of pootry. [Mr. 11 here referred to pub- lic documents showing that, in the j'ears 1793, ■'Jl, '95, '0(i, "J7, '98, '99, up to 1800, the ex- Iiorts, annually increased at a rapid rate, till, in liJUO, they amounted to more than ^91,000,000]. It must be taken into consideration that, at this period, our population was less than it in now, our territory was much more limited, we had not Louisiana and the port of New Orleans, and yet our commerce was far more flourishing than it ever has been since ; and at a time, too, when we had no nuunmoth banking corporation to boast of its indispensable, its vital necessity to commerce ! These are the facts of numbers, of arithmetic, which blow away the edifice of the gentlemen's poetry, as the wind scatters straws. With resiiect to the parties in whose hands these claims are. They are in the hands of insur- ance ofllces, assignees, and jobbers; they arc in the hands of the knowing ones who have bought them up for two, three, live, ten cents in the dollar! What has become of the screaming babes that have been held up after the ancient Roman method, to excite pity and move our sympathies? AVhat has become of the widows and original claimants ? They have been bought out long ago by the knowing ones. If wo countenance this bill, sir, we shall renew the disgraceful scenes of 1793, and witness a repeti- tion of the infamous fraud and gambling, and all the old artifices which the certificate funding act gave rise to. (Mr. B. here read several interest- ing extracts, describing the scenes which then took place.) One of the most revolting features of this bill is its relation to the insurers. The most in- famous and odious act ever i)asscd by Congress was the certificate funding act of 1793, an act passed in favor of a crowd of speculators ; but the principle of this bill is more odious than even it; I mean that of paying insurers for their losses. The United States, sir, insure! Can any thing be conceived more revolting and atro- cious than to direct the funds of the treasury, the property of the people, to such iniquitous uses? On what principle is this grounded? Their occupation is a safe one ; they make cal- culations against all probabilities ; they make fortunes at all times ; and especially at this very time when we are culled, upon to refund their losses, they made immense fortunes. It would be far more just and equitable if Congress were to insure the farmers and planters, and pay them their losses on the failure of the cotton crop j they, sir, are more entitled to put forth such claims than speculators and gamblers, whose V/ -. m ' It. 020 TIllltTV YKAHS* VIEW. "Kt.r'i.f H'K trudi' iukI liiiHiiicsH it if* to miiki* iiii>iii'y l»y IdsHiy. Tliis liill, if |i!IssimI, would ln' (ho most oilidiis ntul iiiipnnt'ipk-d vwv {ms^d hy Conpri'SH. AnotluT qiK'stioii, sir. orciirH to iiic : wliiit mini of tnoiicy will this liill iil is tract fnnii ihv tiviisury ? !t nays tivo millions, it in tnu- ; Imt it diK's not Hay " and no nioiv ; " it docs not sny that tlu-y will he in full. If the projirt of jiass- ini; this hill should succeed, not only will claims he made, hut next will conic inteivHt iipoii them ! Iteflect, sir, one moment: interest from ITCH and 1800 to this day ! Nor is theie any limitation of the amount of claims; no, sir, it would not he possihie for the ima;iination of man, to invent luori' ouniiin};' words than the wordin;i; of this bill. Il is made to cover all sorts of claims; then" is no kind of spehraseo1ojry ! A(rain suffer me to call your attention to an- other feature of this atrocious measure; let me warn my country of the ahyss which it is at- temped to open heforc it, by thia and other similar measures of draining and exhausting; the luihlic treasury ! These claims rejected and ppiirned hy France; these claims for which we have never received one cent, all the payment ever made for them urjred upon us hy their advocates beinp; a meta- physical and imajiinary payment ; these claims which, under such deceptive circumstances as these, we, sir, are called upon to pay, and to pay to insurers, usurers, gaml)lers. and speculators ; these monstrous claims which are foisted upon the American people, let me ask, how are thej- to be adjudged by this bill ? Is it credible, sir? They are to be tried by an c.r jnirtc tril)unal ! Commis.sioners are to be appointed, and then, once seated in this berth, they are to give away and dispose of the public money according to the cases proved! No doubt, sir, they will be all honorable men. I do not dispute that ! No doubt it will be utterly impossible to prove corruption, or briber}', or intcresteil motives, or partialities against them ; nay, sir, no doubt it will be dangerous to .suspect such honorable men ; wc shall be replied to at once by the in- dignant question, "are they not all honorable men?" But to all intents and purposes this tribunal will be an ex pcnte, a one-sided tribu- nal and passive to the action of the claimants. ,\gaiii, look at the species of evidence which w ill he invited to appear before the c (•oiiunis. sioiiers; of what de-icription will it he? Horo is not a thing recent and fresh upon which i vi- deuce, may be gniue; of thiity or forty years ago. The evidence is gnne witnesses dead, memories failing, no testimony lo lie procuretl, and no lack of claimants, not with, stamling. Then, sir, the next In-st evidence that suspicious and worthless sort of evidenco will liave to be nstored to ; and this will b« ivatly at hand to suit every convenience in any ipiautity. There could not be a more ed'ectivc and deeper phu^ than this devised to empty the treasury ! Mere will be sixty millions i xliiliit- ed as a lure for false evidence, and false clainm; an awful, a tremendous temptation for men to send their .souls to hell for the sake of money. On the behalf of the moral interests of my coun- try, while it may yet not be too late, 1 denounce this bill, and warn Congress not to lend itself to a measure by which it will debauch the public morals, and oinii a wide gulf of wrong-doing and not-to-be-imagined evil ! The bill proposes the amount of only five millions, while, by the l(M)sene8s of its wordiiifr, it will admit old claims of all sorts and diilenni natures ; claims long since abaiKloned for gnu^s sums ; all will come in by this bill ! (!,ie hun- dred millions of dollars will not pay all timt will be patched up under the cover of this bill! In bills of this description we may see a covert attempt to renew the public debt, to make loims and taxes necessary, and the engine of lonii.s necessary with them ! There are those who would gladlj' overwhelm the countiy in ddit ; that corporations might be maintained wliiili thrive by debt, and make their profits out of the misery and encumbrances of the jieople. Shall the people be denied the le.-ist repose from ta.\- ation ? Shall all the labor and exertions of jiov- ernment to extinguish the jmhlic debt be in vain ? Shall its great exertions to establish economy in the State, and do away with a sys- tem of loans and extravagance, be thwartcii and resisted by bills of this '.nnidious aim and character ? Sh.all the peopie be prevented frmu feeling in reality that we have no debt : shnll they only know it by dinners and public rijoic- ings ? Shall such a happy and benelicial result of wise and wholesome measures be renderod ill in vain by envious efforts to destroy the whole, 1? ANNO ma. XNDllKW .IACK80N, l'm>*Il)KNT. 021 u- iiyvcw^ <»f I'vitU'iice wliicli „,,,H.|ir I'll'oir tlu-o«-(.iimiis- IcM-riittion will it »«• ? More lit niul fiT-h nium wliirli t vi- umI. lloro are tnuiHrnliniis of in»aiio. Tlu't-viiU'iiri-istiniu., lOtnorios fniVniK, no tv^timoiiy 1 no lack of •■lai"""'^''. ""'^*'"'- sir, tlio ni'Xt In'st I'vidoiico, 1(1 wortliU'SK Boi-t of ••vi.Kiice, rri8torevisent, with Mr. Wood- bury, Secretary of the Treasury, and Mr. Miihlon Dickersou. Secretary of the Navy, were issuing from tho «loor of the preat rotunda— which opens upon the portico. At that instant a per- son stepped fron> the crowd into the little open space in front of the Trisident. levelled a pisttd at him. at the ll()wiii(; is the report whicit tlicy madu upon tlie cuvu : "Till' iindorHicnivl, linviiig Wen t-(>(|iirHt('d liy tho iiiiirsliul of tlio Distriot of Coliinihia to vIniI IticliunI l.iiwi'eiKT, now coiitincd in tlio juil of till' county of Wii'^liin^ton, for an atlonipt to HiHaHsinato tlio I'rpnidfnt of tlio United StiitcH, witli a vii'w to nwvrtuin, lis fur mh prnotirulilo, the prcmnt c-ondition of liiH bodily licultl. iintl Btati) of ininil, and lidii-vinj; thitl a detail of tlie cxatuination will Im> nioiv satixfaclnry than an nhstract opinion on tlic suhjert, wo thoroforo pivi' the folhiwinn statement, "n enterinjj his room, we enp;nned in a free conversation with him, in which he participated, apparently, in the most arllesH and unreserved niaiiner. i'he first interropitory propounion, and that, at thedistuiui* often yards, the ball always pasiwl thron^l) im inch plank, lie also staled that ho had loailid those pistols tliivc or four dayH previous with onlinary care, for the purpose attempted; hut that he used a |H also observed that he did not enter the ImJI, but looked through a window from a lobby. anfj saw the Pivsideiit sealed with members o|'(.'„i|. gross, and he then returned to the rotunda, iiini waited till the President again entered it, iiml then passed through and took his position in the east portico, about two yaiflsfrom the door, drew his pistols from his inside coat pocki'i cocketl them nnd held one in each hand, cdii- cealed by his coat, lest he should alarm tlic spectators — and states, that as soon as the oin,. in tho right hand missed fire, he iiiimediatdy dropped or exchanged it, and attempted to lire the ,«ocond, before he was seized ; he fiirtlur stated that he aimed each pistol at ihe I'loi- dent's heart, nnd intended, if the lirst pistol liml gone oir, and tho president had lallen, to Imu defended himself with the second, if defence kil been necessary. On being asked if he diil not expect to have been killed on the spot, if lielmd killed the President, he replied he did not ; iiiiii that he had no doubt but that he would have been protected by tho spectators. He was I'lc- quently (piegtionelt of those iiislnlH lit iniviks, uml known tlitMn to I'nil goiiinoff -ion, iukI tliftt, at the (lislumi- nil tilways jiimwd thnmuli iin Iho Htt»l*'lied that lie (terfere with the fiinend nrr- )ie waited till it was over, llr „t he did not enter tln' liiill, irh a window from ft lohhv.iiuil t Kealedwith nieniherw of Con- n returned to llie rotunda, mid •rewident nuain entered it, luui jn^h and took his posilion in nhoul two yards from the iloor, I from hiH ii\side eoat iHiikot, d held one in each hand, cmi- ,at lest lie nhoidd alarm l!u' slates, that as soon as the ouc ml missed tire, he inimeiliutilv laniied it, and attempted to liir jre he was seized ; he liirtlicr dmed eaeh pistol at the I'iim- l intendeil, if the lirst pistol Iwl c president had fallen, to liiivi f with the second, if ilefeiue li;ul On heinj? asked if he dul not ,een killed on the spot, if he luul lent he replied he did not ; iiii'l ilouht hut that he would liiivi »y the spectators. He was In- rteil whether he had any fniiMs Lm he expected protection. '!" hat he never had nieiitioiuMlliis one, and that no one in paiticu- siKH ; but that he presuiiicil it nown that he intended to luil It of the way. He further stiiliil, I»resident arrived at the door, tood, findini,' him supported on kVoodbury, and ohservniK many ear. and »)eing himself rather to le President, in order to avoid oodburj',and those in the rear, ttle to his own ri^ht, so that pass through the body of the onld be received by t''^',''";';; Iwall. On being asked if he felt uriuK the attempt : He replied. It until he found that the eecond [>d lire. Then observing that the idvancing upon him, with an up- feared that it contained a sword. ANNO lH:ifi. ANDUKW .lACKSo.S, PKIISIDKNT. :.23 wliiih mij;ht have been thrust through him be- f,ii(' lii'iiiulil liave ht-eii proteetcd by the crowd. \t\>\ when interrogalid as to tlie motive which iiiiliici'd him to attempt tiie assassinalion of the Pi'isideiit, h« replied, that he had Imcii told that till* President had caused his loss of occii|>ation, Hiiil the consequent want of money, and he be- liuved that to put him out of the way, was the (iiiiy remedy for this evil ; but to the interroga- tory, who told you this ? he could not identify any one, but remarked that his brother-in-law, Ml. Itedfern, told him that he would have no more hiisiness, liecaiise he was opfMised to the I'ri-iilent — and he believed Uedfern to be in league with the I'ri'sident against him. Again Iwiiig (lutslioned, whether he had often utteiided the ilehates in Congress, during the present session, and whether they had inlluenced him in making this attack on the jH-rson of the I're- Milent, he replied that he had frequently attend- ed the discussions in both branches of Coii- !;rcss, hut that they had, in no degree, influenced iIr action. '• I'pon being asked if ho expected to become the prisident of the United States, if (len. Jack- 8on liivl fallen, he replied no. '• When asked whom he wished to be tlie Pre- siilent. his answer was, then? were many persons in the House of llepresentatives. < )n being asked if there were no persons in the Senate, yes, se- veral ; and it wius the Senate to which I alluded. AVho, in your opinion, of the Senate, would make a good President? He answered, Mr. I'lay. Mr. Webster, Mr. Calhoun. What tin voii think of Col. Henton, Mr. Van Ituren. or .liidire White, for President ? He thought they would do well. On being asked if he knew nnv ineiiilier of either house of Congress, he re- jdied that he did not — anil never spoke to one in his life, or they to him. On being asked what Innefit he expected liimself from the deatli of the President, he answered he could not rise unless the President fell, and that he expected thereby to recover his liberty, and that the mechanics would all Ik; benefited ; that the me- chanics would have plenty of work ; and that money would f)c more plenty. On being asked why it would bo more plentj-j he replied, it would 1)0 more easily obtained from the bank. On l)eing asktxl what bank, he replied, the Bank of the United States. On being asked if he knew the president, directors, or any of the ofll- ccrs of the bank, or had ever held any inter- course with them, or knew how ho could got money out of the bank, he replied no — that ho pliglitly knew Mr. Smith only. "^Oii iR'ing asked with respect to the speeches which he had heard in Congress, and wliether lie was particularly pleased with those of Messrs. Calhoun, Clay, and Webster, he replied that he wan, because they were on ti' dde. He was then asked if he was well pleased with the 8i)eechcs of Col. Benton and .Iiidge White ? He said he was, and thought Col. Benton highly talented. "When nsked If ho ww fHemlty to (lun. Jackson, he replied, no. Why not 1 He an- swered, because he was a tyrant. Who told you he was a tyrant 7 He answered, it was n eoinnion talk with the |H-opli>, and llial he had read it in all the pa|N'rs, He was ar^kid if he could name any one who had told him s<> / He replied, no. Hi^ was nsked if he ever thiealeiieil to shoot Mr. (May, Mr. Webster, or Mr. Calhoun, or whether he would shoot them if he had an op|H)rtunily ? He replied, no. When a^kcd if he would MhiHit Mr, Van Ituren? He npiieil, no, that he once met with Mr, Van Ituren in the rotunda, and told him he was in want of money and must have it, and if he did not get it he (Mr. Van Biiren), or tJen, .lacksoii must fall. He was asked if any person were present during the eonversation ? He replied, that there were sevenil present, and when asked if he recollected one of them, he leplied that he did not. When asked if any one udvii-ed him to shoot (Sen. •fiu-kson, or say that it ought to l>e done? He replied, I liil l>y the iMiwersof Kurope, as wellasof thiscciinti y. He also stated, that he hail Is-en long in coiri- s|M)nileiice with the powers of Kurope, and that his family had been wrongfully the sentence of condemnation had passed ; and rose and said : " He had then (v.t the time of passing ihe condemnatory resolution), in his place, given im- mediate notice that he .should commence a series of motions for the purpose of expunj;itig the resolutions from the journals. He had tlien made use of the word expunge, in contradistinc- tion to the word repeal, or the word reverse, beoiuise it was his opinion then, and that ojiinion had been confirmed by all his subsequent nilic ticm. that reiieal or reversal of the resolutidn would not do adecjuate justice. To do that would require a complete expurgation of the journal. It would require that process which is denominated expunging, by which, to tl. ;>rc- .sent, and to all future times, it would be indi- cated that that had Iteen placed u])on the jour- nals which should never have gone there. He had given that notice, after serious rellection, that it might be seen that the Senate was trampling the constitution of the United Stiites under loot ; and not only that, but also the very forms, to s:iy nothing of the substance, of all criminal justice. ''He had given this notice in obedieiicv to -in the journals. lie had then e word expunge, in contradistinc- rd repeal, or the word reverse, liis opinion then, and that opinion I ined bv all his subsequent nilec- •al or reversal of the resolution adecjuate justice. To »!o tliat ; a complete expurgation of the rould require that process^ wliidt expunging, by .vhioh. to tl. ;>rc- futurc times, it would be :n(!i. had been placed uiwn the jonr- iuld never have gone there. He t notice, after serious rellection. be seen that the Senate was .•onstitution of the United States id not only that, but also the very nothing of the substance, of all e. iven this notice in obedioiiw to ,f his bosom, which were aftif- 'd by the d-jscision of his lieail, itation with any other person, hut ;e only with himself and hi.s tii«l. umau being be had said that w should do it, but he had not consulted with any one. In the ordinary routine of business, no one was more ready to consult with his friends, and to defer to their opinions, than he was ; but there were Bomo occasions on which he held roniicil with no man, but took his own course, without regard to consequences. It would have i-eeu a matter of entire indifference with him, had the whole Senate risen as one man, and declared a (letermination to give a unanimous vote against liiiii. It would have mattered nothing. He would not have deferred to any human being. Actuated by these feelings he had given notice of his intention in the month of May ; and in obedience to that determination he had, on the la,cter alive. "This brought him to tiie answer to the ques- tion proposed. The presentiition of the resolu- tions of the legislature of Alabama afforded a lit and proi)er occasion to give that public notice wiiicli he had already infonnally and privately given to many members of tlie Senate. lie had said that he should bring forward his resolution at tlie earliest convenient time. And yesterday evening, when he saw the attempt which was made to give to a proceeding emanating from the I'ost Office Committee, and to which, by tiie unanimous consent of that committee, a legid.itivc direction had been assigned, a new form, by one of the senators from South Caro- lina, so as to make it a proceeding against per- sons, in contradistinction to the public matters eniliodied in the report ; when he heard these |)ersous asaailed by one of the senatore from Soutli Carolina, in such a manner as to prevent any jKissibility of doubt concerning them ; and when hediscovered that the object of these gentle men was impeachment in substance, if not in form, he did at once form the determination to give notice this morning of his intention to move his resohiiion at the earliest convenient period. '' This was his answer to the question which had been proposed. " Mr. King, of Alabama, said he was surjiriscd to hear the question of the honorable senator from Kentucky, as he did not expect such an inquiry: for he had supposed it was mcII mider- stood by every member of the Senate what his sentiments were in regard to the right of in- t held his place there, .subject to the control of the legislature of Alabama, and whenever their instructions reached him, he should be governed by them. He made this statement without entering into the consideration of the propriety or impropriety of senators exercising their own judgment as to the course thev deemed most pr()|)er to pursue. For himself, never having doubted the right of a legislature to instruct their senators in Con- gress, he should consider himself culpable if ho did not carry their wishes into effect, when pio- perly expressed. And he had hoped there would have been no <>xpression of the Senate at this time, as he was not disjwsed to enter into a di.s- cussion then, for particular reasons, wlii'li it was not necessary he should state. " As to the propriety of acting on the sub- ject then, that would depend upon the opinions of gentlemen as to the importance, the great im- portance, of having the journal of the Senate freed from what many suppo.sed to Ix' an uncon- stitutional act of the Senate, although the majority of it thought otherwise. He would now say that, if no one should bring forward a proposition to get the resolution expunged, he, feeling himself bound to olwy the opinions of the legislature, should do so, and would vote for it. I f no precedent was to be found for such an act of the Senate, he should most unhesita- tingly vote for expunging the resolution from the journal of the Senate, in such manner as should be justified by precedent. '• Mr. Clay said the honorable member from Alabama had risen in his place, and presented to the Senate two resolutions, adopted by the legislature of his State, instructing him and his colleague to use their untiring exertions to cau.se to be expunged from the jsolutionr, and at a proper time present them with some substantive proposition for the con- sideration of the Senate. If he did not, the de- bate nuist go on, to the exclusion of the impor- tant one conunenced yoRterday. and which every gentleman expected to Imj continued to-day, as he should in such case feel it necessary to sub- mit a motion for the Senate to decide whether, under present circumstances, the resolutions could Im.' received. *• Mr. Clay declared that when such a resolu- tion should be ofTered he should discharge the duty which he owed to his God, his country and his honor. '• Mr. King of Alabama, had felt an tmwilling- ness fr )n» the first to enter info this discussion, for reasons which would l>e understood by every gentleman. It was his wish, and was so under- stood by one or two friends whom he had C(m- sulted, that the resolutions should lie on the table for the present, until the debate on another subject was disposed of. In reply to the sena- tor from Kentucky, he must say that he could not, situated as he wa.s, accede to his proposition. I lis object certiiinly was to carry into efli-ct the wishes of the legislature of his State ; and he, as well as his colleague, felt liound to obey the will of the sovereign State of Alabama, whenever made known to them. He certainly should, at a pro- jK'r time, pn-seut a distinrrt proposition in rela- tion to these resolutions for the consideration of the Senate; and the senator from Kentucky could tlien have an opportunity of discharging "iiis duty to his (iod, to his country, and his own honor,' in a manner most consistent with his own sense of proprie ".Mr. Clay would not renew the intimation of any intention on his part, to submit a motion to the Senate, if there was any i)robability that the senator from Alabiuna would withdraw the reso- lutions he had submitted. He n«)W gave noti«v that, if the senator did not think fit to withdraw them, he should feel it his duty 'o submit a pro- position which would most probably load to a debate, and prevent the one commenced yester- day from beuig resumed to-day. '• Mr. Calhoun move' comes, and that is this: he will be obliged to declare, in his resolution, that the principle upon which the Senate aeteij was not correct ; that it was a false and errom- ous principle. And let me askj what was that principle, which now, it seems, is to be destroy- ed ? The principle on which the Senate acted, the principle which that gentleman engages to overthrow, is this : 'we have a right to exjiress our opinion.' He will be conipelle27 nt the one commenced ycstcr- jsumcd to-day. _ moved that the rcBolution bo blc, to give the senator from nci, an opportimity to prepare ccmiplish the meditated purpose \)rr ^r resolutions of the Senate. ut the doctrine they have advanced ; a doctrine as en- slaving and as despotic as any that is inaintaiiied by the Autocrat of all the Russias. To give them an opportunitj'. I m(>ve to lay the resoliiti(ms on the table, and I promise them that, when they move their resolution, I will be ready to ^ake it up. " Mr Clay said that the proposition to receive the resolutions was a preliminary one, and was the (]uestion to which he had at first invited the atlentiou of the Senate. The debate, certainly, had been very irregular, and not strictly in or- der. He had contended, from the first, for the imrpiise of avoiding an interference with a de- bute on another subject, that the subject of the .Mahania resolutions should not W agitiited at that time. The senator from Alabama having refilled to withdraw these resolutions, he was compelled t«) a course wliich would, in all pro- bability, hail to a protracted debate. '•Mr. Clay then submitted the following: "//(Wi/r*'(/, That \\\c n-scduticms of the legis- lature of Alabama presented by the senator from that Stato, ou(;ht not to Iw acted upon by the Senate, iiiasiiiueh ns they are not addressed to the Senate, nor contain any request that they lie laid liefore the Senate; and ina.sniiich, also, as that whicli those re-fts of the people of the United States." This prop(tsition was extremely distasteful to the Senate — to the majoiity which |)assp(| iho sentence on General .Jackson ; and ]\Ir. So\itliiinl. senator from New Jersey, spoke their s(nti- ments, and his own, when he thus bittirly diii- racteri/AMl it as an intlictnient which the .Sn;ilc itself was required to try, and to degrade itself in its own condenmation, — he said : •' The object of this resolution (said Mr. S.), is not to obtain an exjjrcssion from tlic .^^ennte that their former o|>iuions were erroneous, nm that the Executive acti-tl correctly in nlation to the public treasury. It goes further, and de- nounces the act of the Senate as so unconstitu- tional, unjustifiable, and offeu-sive, that tlie (vi- dence of it ought not to be iK'rmilted to irniiiiii upon the rec()rSIl)ENT. 529 lournal, porioilicttlly and con- ,bjoct should be cflt-cttil, or ,110 to its end. In confoiniity lado his fonnal motion at the id in those words : t the resohition adopted hy ,c 2St]i day "f Miueli. in tlif f.dlowinR wonls : ' Jtrxolml, lit ill tlic late executive pro- Mi' to tlie puidie n'veiiiie, 1ms imolf authority and power not ronstitution and laws, but in h ' he and the same hereby is, i.'niiRed from the journals of mso the said rescdutmn is ilU- f evil example, indeanite ami ,r IV criminal charge witlioiit rwasirre-^uliulyaiKluiicoiistilii- bv the Senate, in subversion „( enVe whiehbeloiip to an accused oflieer; and at a tune aiw jiuces to endanger the polui.al .jure the iR-cuniary interests of 10 United States." tion was extremely distasteful t. , the majority which pnsse-l ll.e leral Jackson; and Mr. Sontkird New Jersey, spoke their scti- own, when he thi'.s bitterly dm- nii indielmeut which the Seii.i!. ired to try, and to tlcf^radc il^.lf lonniation,— he said : „f this resolution (said ^Ir. S.), !.u expression from the SeiuiU' ,.,• oiMiiions were erroneous, m- live acte.1 correctly in ivlat ion to a.surv. It poes further, and .K- rt of' the Senate as so uneon^tltu- iable,and olfensive, that tlieoi It not to be permitted to remnm • and lastin- denuii- ■proach only bypronoumMii'.'onr ation by our votes, lie assmv. no desire or intention to depiu- t the position in which he w"..! ,e of deep (lepmdatioii-dc-iada- ,ist humiliating character- wl.uii pwledpes error, and admits imx- iduct ill this UpislativebnuKlij nt. but bows It down Ufoi.' e Executive, ami makes us oiM iiifailibility." less of this self trial was a-iiniViU- kc course which the public lumd \raR taking. A current, strong and steady, and constantly swelling, wa.i setting in for the President and against the Senate ; and res(du- tions from the legislatures of several States — Alalmnia, Mississippi, New .lersey. North Caro- ]i„.j — had already arrived instructing their sena- tors to vote for the expurgation which Mr. Benton proposed. In the mean time he had not vet made his leading speech in favor of his motion ; and he judged this to be the proper time to do so, in ortler to produce its effects on the elections of the ensuing summer; and ac- cordingly now spoke as follows : "Mr. Benton then rose and addressed the Senate in support of his motion. lie said that the resolution which he had oflTered, though re- solved upon, as he had heretofore st.ated, with- ont consultation with any person, was not re- solved upon without great deliberation in his own niiml. The criminating resolution, which it was his object to expunge, was presented to the Senate. Pecemher 2Clh, IS.*?.*?. The senator from Kentucky who introduced it [Mr. Clay], ciimmenced a iliscussion of it on that day, whicli wiis continued through the months of January nnil February, and to the end, nearly, of the month of March. The vote was taken upon it tlie '28th of March ; and about a fortnight there- after he announced to the Senate his intentiin demnation of the Senate for the violation of th laws and the constitution, the first whose nam is borne upon the journals of the American Sc nate for the violation of that constitution whicl he is sworn to observe, and of those laws whicl he is bound to see faithfully executed. Sucl a condemnation cannot escape the obscrvatid: of history. It will be read, considered, judged when the men of this day, and the passions oi this hour, shall have passed to eternal repose. Before he proceeded to the exposition of Hk case whifh he intended to make, he wi.slied t( avail himself of an argument which had beet conclusive elsewhere, and wliich he tnu-^tn; could not be without effect in this Senate. 1: was the argument of public opinion, Ju tin case of the Middlesex election, it had T)cen di cisive with the British Houre of Commons; ii the Massachusetts case, it hi\d been deci>ivi with the Senate of that State. In both tiios( cases many gentlemen yielded their privati opinions to public sentiment ; and public .sinti ment having been well pronounced in the cm now before the Senate, he had a right to lool for the same deferential respect for it here whic had been shown elsewhere." Mr. B. then took up a volume of British pap liamentary history for the year 1782, the 21 volume, and read various passages from pap 1407, 1408, 1410, 1411, to show the stress whic had been laid on the argument of public opin in favor of expunging the Middlesex resolution and the deference which was paid to it by thi House, and by members who had, until the opposed the motion to expimge. He read firs from Mr. Wilkes' opening speech, on rcnewiii; his annual motion for the fourteenth time, i follows : '■ If the people of England, sir, have at an; time explicitly and fully declared an opinioi respecting a momentous constitutional questioi it has been in regard to the Middlesex electioi 101 ANNO 1838. ANDREW JACKSON, PRESIDENT. 531 Bidcnt Jackson is not n clmracter n history. His nnn»e is not to the dry catalogue and official f mere American I'rcsidents. Romans who attained the con- Lhc paltry arts of electioneering, series of illustrious deeds, his not for the offices he filled, but irhich he performed. He is tlic that has ever received the con- he Senate for the violation of the onstitution, the first whose name the journals of the Amcricaw Se- olation of that constitution which observe, and of those laws which to see faithfully executed. Such >n cannot escape the obstTvatiin t will be read, considered, judged: J of this day, and the passions of ill have passed to eternal repose. )rocecded to the exposition of the 5 intended to make, he wished to ' of an argument which li:\e fhc Senate, he had a right to look deferential respect for it here which »wn elsewhere." •n took up a volume of British par listory for the year 1782, the 211 read various passages from pap;> 1410 1411, to show the stress which d on the argument of public opinion spunging the Middlesex resoliition< , |rence which was paid to it by \h by members who had, until thoa motion to expunge. He read first ilkes' opening speech, on rcnewin; lotion for the fourteenth time, it ^ople of England, sir, have at m Rtly and fully declared an opinioa 1 momentous constitutional question [in regard to the Middlesex electiw in 1708." ♦ * ♦ ♦ " Their voice was never heard in a more clear and distinct manner than on this point of the first magnitude for all the electors of the kingdom, and I trust will now be heard favorably." He then read from Mr. Fox's speech. Mr. Fox had heretofore opposed the expunging reso- lution, but now yielded to it in obedience to the voice of the people. "lie (Mr. Fox) had turned the question often in his mind, he was still of opinion that the re- solution which gentlemen wanted to expunge was founded on projK'r principles." ♦ ♦ * * '• Though he opposed the motion, he felt very little anxiety for the event of the question ; for when he found the voice of the people was against the privilege, as he believed was the case at present, he would not preserve the privilege." » ♦ ♦ ♦ " The people had associated, they had declared their sentiments to Parliament, and had taught Parliament to listen to the voice of their constituents." Having read these passages, Mr. B. said they were the sentiments of an English whig of the old school. Mr. Fox was a wliig of the old school. lie acknowledecr! the right of the peo- ple to instruct their representatives. He yielded to the general voice himself, though not specially instructed ; and he uses the remarkable expres- sion which acknowledges the duty of Parliament to obey the will of the jwople. " They had de- clared their sentiments to Parliament, and had taught Parliament to listen to the voice of their constituents." This, said Mr. B., was fifty years ago; it was spoken by a member of Parliament, who, besides being the first debater of his age, was at that time Secretary at War. lie ac- knowledged the duty of Parliament to obey the voice of the people. The son of a peer of the realm, and only not a peer himself because he was not the eldest son, he still acknowledged the great democratic principle which lies at the bottom of all rcpresei tative government. Afler tliis, afler such an c: ample, will American Se- nators be tmwilling to obey the people ? Will they require people to teach Congress the lesson which Mr. Fox says the English people had taupht their Parliament fifly years ago ? The voice of the people of the United States had been heard on this subject. The elections diclari'd it. The vote of many legislatures de- declared it. From the conCies of the Republic the voice of the people came rolling in — a swell- ing tide, rising a.s it flowed — and covering the capitol with its mountain waves. Can thi.t voice be disregarded ? Will members of a re- publican Congress be less obedient to the voice of the people than were the representatives of a monarchical House of Commons ? '.»Ir. B. then proceeded to the argument of hia motion. He moved to expunge the resolution of JJurch 28, 1834, from the journals of the Senate, l)ccause it was illegal and unjust ; vague and indefinite ; a criminal charge without spe- cification ; unwarranted by the constitution and laws ; subversive of the rights of defence which belong to an accused and impeachable officer ; of evil example ; and adopted at a time and under circumstances to involve the political rights and the pecuniary interests of the people of the United States in peculiar danger and serious in- jury. These reasons for expunging the criminating resolution fr )m the journals, Mr. B. said, were not phrases collected and paraded for effect, or strung together for harmony of sound. They were each, separately and individually, substan- tive reasons ; every word an allegation of fact, or of law. Without going fully into the argu- ment now, he would make an exposition which would lay open his meaning, and enable ea<-h allegation, whether of law or of fact, to be fully understood, and replied to in the sense intended. 1. Illegal and unjust. — These were the first heads under which Mr. B. would developo hia objections, he would say the outline of his ob- jections, to the resolution proposed to be ex- punged. He held it to be illegal, because it contained a criminal charge, on which the Pres- ident m'jjht be impeached, and for which he might be tried by the Senate. The resolution adopted by the Senate is precisely the first step taken in the IIou.se of Representatives to bring on an impeachment. It was a resolution offered by a member in his place, containing a criminal charge against an impeachable officer, debated for a hundred days ; and then voted upon by the Senate, and the officer voted to be giiilty. This is the precise moa BriliNh l'nilinit\cnti».y prnolicc, (o wliioli our own OKiislitiition is (HMifiinniihlc. " Tlio Coiii- nioiis, nj« llvf );rHiilin(|uoiit ; and tlu'ii to •liivol soino iiuMnhor to iinjH'aoh \\\m l>) oral noiMis!\(i(iu at the bar of ilu' IIouw of Lonlw, in thi' naino of the Conunon.'," Rr|H'atijin " olausH' of w'lat he lia«l irad, Jlr. H. said 'li<< pMU'ral iMurso is to iiass a • iniinal oliarp' , nnst t'K'8;ii>5H>s< d (■ ''ij ■ ii'iM. i . ia ;. cxaotlv wliat tin* Sonato diii ; and wliai !"' .' do noxt ? Nothing. And why not! >g / t ■ oaust' there was nothing to he dnne l>y them ; ■; to exeente tlie sentenee they liad pasbod ; anil that they eonld not do. Penal jnstiee was the oonsoi|nevuMie opinion; it was to ustraeize the Presi- dent, and to expose him to puhlie odium, as a violator of the laws and constitution of liis country. Having shown the ivsohition to Ik- illegal, Mr. H. woidd pnin luijnst ; for he affirmed the resolution to he untrue; he maintained that ll. President liad violated no law, no part of tl ■ tMiistitution, in «lismissing Mr. Duano from lu Trejusury, appointing Mr. Taney, or eausinj- the deposits to ho removed ; for these wen» the .jHvilleations contained in the original ivsolution, also in the second modifica- tion of the resolution, and intended in the third modification, when stripiH'd of siHHMlieations.and reduced to a vague and giMieral charge. It was in this shape of a general chargi' that the reso- lution passed. No new sjieciflcations were even PU!::g<'sted in debate. Thealterations wen> made voluntarily, by the friends of the resolution, at the last moment of the debate, and just when the vote was to be taken. .\nd why weie the ppccilications then dropjxMl 1 l?ecaiise no ma- jority could be found to agn-e in them? or he- ''auso 't was thought prmlent to drop the name of the Iknk of the Inited States? or for both thc.«e reasor.s together ? Be that as it may, said Mr. B., the co.^demnation of the President, and the siipjiort of the bank, were connected in the resolution, and w.'H be indis&olubly connected I: in the public mind ; and the I resident \\:\n nii justly eimdemiied in the sauic rcHdlulion dmt lM'frieud(>d and sustained tlie cause of the baniv. lie lield the condemnation to Ih< untrue in |,(iint of fad, and then-foiv uiyust ; for he mainlaiiuil that there was no bn-ach of the laws and con- stitution in any thing that I'lvsident •lackMin did, in removing Mr. Diiane, or in appointing Mr. Taney. or in causing the dejKisits to lie rci lovcil. There wa« no violation of law, or constitiition, in any part of tliew' pi-oeet'dings ; on the cdii. trary the whole country, and the pweriunoni ii I'lf, vas n'deen.etl from the deiiiiir.on (,f j , v't id dariii" moneye ' corjHJraiion, by ili,. ^vi'tliim and energy of these very luowediugs. .. Wi^nit tiiiii iiiitijinilr ; a criminal clmrpi wit. ^ s|H'ci1lcation. Sinii was the resohuiin^ Mr. ;. ^. id, when it piu. Mr. (Jiles, he said, pniciTiW in a manly, responsible manner. He siKiilifJ the law and the alleged viidalions of liic Lu so that the friends of (leneral Hnniiltoii could see what to defend, and so as to make liiiiisili accountable for the accusation. Hi' sin'ciriiii lln law, which he believed to be violated, by its ilasi and its title ; and he sj)Ocified the two insii-.iio .< in which he lield that law tu have biuu iutViii^'itl ANNO Iflnn. ANDUKW .TA(^KHON. rUIvSinriNT. 5,13 1 ; ami Ihc Tivsulont waH mi 1 in tlio HBii.t" roHi'hition tlmt sUiniMl tho cause oflho Imnk. omnation to »h« uutr»u« in loint foiv unjust -, for lu« maiulniii.-.l „ hn-aoh of tho hiws ami .n,,- thin^ that I'lvsiilont .liick.son Mr. Duano, or iu niipoiutiuK Mr. iing tho .loiM>sits to ho nn imvi> 1. ohiliou of hvw, or constitution, .hosi« pnwoiMhngB ; on th»' .-.m '. oounlry, and tho govorninnii .on.otl from tho (hMuin.i.u of a ).• monoje' ooriHU-iuiou, hy tW .rpy oft hoso very i.vocw.lii.|is. ,/ iiiihJ'niiW: ft criminal dmrpo nition. Such was thorosohui.il, hon it imssod tho Sonuto ; Imi I when tlrst introilucoil, nor iv.n ,vd ; in its tlrst and socon.l fonns pwilicatious, and those s,M-oillca- I tho ooiulouuuUiou of tho riv.-i- dofoucoof tho hank; in its tluni tvillcations wore oudltod. an.l ;in nhstitulod; the hank audllirr.- di,scouno.-tod on the roc.^v.Umt ectod, iu fftct. as ever. Tho tti<.- .d>u'od to a vaguo an.l iiuUtiiutc .,so,audin that civcumstaiur.ac- lohanictorofiujusticol.. Prosukm s a.rusors should have siHriti,! llu- clause in tho i-onstitutioii. ,,VKt.-d ; thoy should have siarilioa h constituted the violation. Tli. |,o accused, that he might V.n"vv .ni to defend himself; it wasiluet. at they tnight know on what i«>ir,i. censers to their rosponsihilitviuw, t nocountable for an unjust luoll^a• -tain this vosiliou, Mr. H. ha-l "■ Lory and exami-lc and j.ro.lim.. Ml- Giles's accusation nf tiomrai Len' Secretary of the Tivasurv, ir, {)■] Mr. GilcB, he said, yr^^wU resjun.sihle manner, lie spniluJ the allegiHl violations of the to. inends of General lla.nillon coii,>i .l.fend, and so as to n>ake h.nisui rurtheaccisatiim. llesiKVilK-i" ^.helievod to he violated, hy its -to' Landho..l)ccifledthetwou>su«- Lid that law to have Ueuiufnupu Ml' 11. -aid ho had a dlo oltject in <|uo|ing thin resolution of IVfr. (lih's, which was intended to |: lenco, an it wi in three of the iiilii'Ies or inij'i ichmeo' against tlndge Chase; and thus, tlie seneo of an allegation of cor- rnpt inl'Milior in tho resolution iulo|it( ' iigainst i irsident dackMMi, was lO argument against its n luiuhniont chara<'tor, es|M'eially as exhiliili d ill it,< tlrst nnd second f< rni, with the criminal iivcnnent, "danp-nniH to tho liherties of tho I . '' |M'i>i)le. For the |tnr|)ose of e.tjMising tho studied vftgiuMicsR I'nitod iSttti'S, demonstrating its criminal character in twice retaining Ihocrinnnal avornuMit, "danger- ous to tho lihertioR of the jn'oplo," and showing till' progressive changes it had to undergo l»t>- f ire it could conciliate a majority of tho voles. Mr. n. woul . oxiiihit all three of the re- 8iiliilion8, and road tlien> side hy side of -aoh otiicr, as they ap|H, or primordial form ; then they assumed tlii'ir aurelia, or chrysalis Btate ; in the third Ktapo, they reached the ultimate |)crfection of their iiniierfcct nature. PiiisT ¥mM.—/Meiiihcr 2f., 183.3. "/fef((»/rf'(/, That hy disiniHsing the late Secre- tary of the Treasury, liecauso he would not, wuitrary to his .tense of his own the voles of all w!tu were willing to eondemn the President, say; hut one thing he would venture t siv, that the majorily wlio agreed in passing a gein ral resolution, containing a criminal ' 'xugu itgainsi Piesident .laekson, for violaling <^ . A and the constitution, cannot now agree in naming the law or the elause in the eonslitn- tion violat«'d, or in specifying any ae| constitu- ting such violation. And liere Mr. It. paused, and olVered lo give way to liu- gentlenien of the opposition, if Ihey would ?n)W miderlake lo s|K'cify any act wliicli Preside it Jackson hud done in violation of law or co'.stitution. 3. I'lnrtinaiilnl Inj flic ruiiHlilulion mid l(iwi>. — Mr. H. said this head explained itsi-lf. It needed no developnumt to he understood hy the Senate or the country. The President wan condetnned without the form of a trial ; and, therefore, his condemnation won unwarranted hy the constitution and laws. 4. Siihvvriiin: of the righln of ilpfinrr, which belong lo anarcKKt'd find i mpiachahlv offirpi: — This head, also (Mr. II. said), explained it,self. An accuRennhmcnt ; that thojr hod not (|(irn' so, wiiH proof that they had no confl- dcnco ill thi! corrt-ittnfHH of our (li-cihion. T). f}f rril ejiiiii]>li-.—}i(>\\\\\\^^ mu\ Mr. H., coiil(;nl in itnoir, and therefore iii(»rocvil in cxnmph-, than to try peo- ple without a henl•in^', and condemn them witli- out defcnc(>. In this euHe, such a trial and Hiirh a condemnation was a^rjcravuti-rl hy the refusal of the Senute, after their senteime wa.s juo- nounciMl, to receive i\w dcfena) of the President, and let it he printed for the iiiH|)ection of |M)h- terity ! So that, if thin criminating; reHoliitiun i.s not expun;;ed, the Kingular Hi)ectiu:le will ro down to f»OHterity, of a condemnation, and u refusal to permit an answer from the condemned person standiiif? r«'corded on the pageH of tlie m\w journal ! Mr. li. Haid the Senate must look forward to the time — far ahead, perhupH, but a time which may come — when thi.s hoily may he filled with disap|>ointed (x>m|)etitorH, or iHTHonal enemies of the Pn-sident, or of asi)iraiilH to the very olllce wliich lif) holds, and who may not Hcniple to undertake to cri|)- ple him liy senatorial condemnations ; to at- taint him hy convictions; to oslnu;iHe him hy vote ; ami lest this should happen, and the pre- Rcnt coiidciiinution of President Jackson should heconie the precedent foi' such an odious pro- ceeding;, the evil example should Im; arrested, should !•<• lemrjved, hy ur legislative character, e.vcept tin passing of laws, ailling on him for informution or to im|ieacli. On the day of the presidentia election, we, in common with our fellow-ciii /.ens, are to puss (jii his conduct, and reKolullon^ of this sort will have no weight on that diiy. Ii is on this ground solely that I am opposed t( adopting any resolution whatever in relation k the Kxeciitive conduct. If the national leginla- tiire can puss resolutions to approve tlie con- duct of the President, may they not also p,, resolutions to censure? And what wouM hi: the situation of the country, if we were now iliscrussing a motion to rc(|uest the Presidtnt to recall Mr. Ja<;kson, and again to endeavor t' negotiate with him?" (J. Al a time, " '•'•'■''''• ho tunUM tho «xiio bank ; every »pt«li ion of the President wae in con- dfiniiation of the hank ; and thuH tlu) two ol»- jf<:tH were identical and re<-ipro<;al. Tho at- tack of oni! WON a defen«Mi «>r the other ; llio ilircnce of one waH the attack of the other. And tliuH it coiiliniK^i for tho lon^; proti'a<^ted inrioil of nearly onu hundred intnient of .Mr. Tiiney, and tho removal of the; dojMiKilH. lint the alteration wan made in the n-cord only. The connection still nuhHiHted in fact, now liven in memory, an«l Hhall live in history. Ves, sir, sail! Mr. It., addressing; himself to tho I'n-sifhnt of the Senate ; yes, nir, tho condemnation of the Prenitieiit was indiHsoluhly connected with the call rtho hank, with tho removal of the dc- [lositH, the renewal of tho charter, the n^stora- tion of the deposits, tho vindi<'ation of Mr. limine, tlie rejection of Mr. Taney, tho fato of elections, the overthrow of Jacknon'ri adminis- tration, the full of prices, the di.stress meetin^^s, thu ilistresH memorials, the distivss a)mmittees. lli(> diytrtiSH s[)i-ccheH ; and all tho lon^ list of hiiplei-s nieasures which astonished, terrified, afllicleil. and dee|)ly injured the country durinjr the I'ln;^' and a(;onizod protraction of the famous pnnic Hcssion. All these thin^^s arc connoct«;d. Baiil .Mr. It. ; and it hecami; his duty to place a prt of the proof which entahlishod the connec- tion licfnrc the Senate ond tho peo|de. Mr. It. then took up the apfiendix to the re- pfirt made by tho Senate' " mimittec of Finanressed into twenty lines, and tho wi.sdom or ne- cessity of them wen- h ft to Is; pronoiinciMl iifion hy the judgment of the Senate. Mr. 11. would reail those twenty lints of that report: 'The whole amount of 1 e. Thin was com- municated to tho ofllces in lettern from tho pro- sifhtiit, statin); ' that the pi-esont situation of tho hank, and tho new measures of hostility which arc understood to Ik; in contf^mplation, make it ex|iedient to place the institution l)eyond tho reach of all danger; for this purpose, I am di- rected to instruct your oflico to conduct its husi- nosH on tho following footing' (ap|M!ndix, No. ',), cojjies of lett(!rh). The ofllce.^ of Cincinnati, liOuisville, Ix;xingtoii, St. Louis, Nashville, and Natchez, were further flireeted to confine them- Holves to ninctydaytt' hills on lialtimoro, and iho 1 • li fi3G TIIIR'n' YRARS* VIEW. 1 iliS' citic'n north of it, of which thoy were allowed to piirrhuw nny amount tlicir nicuiiM would jii.x- tifv: nnd to Itills on New Orleans, which tliey weretotnkconly inimyinpntofitre-pxistinff (lehlH to the Imnk nnd itH«dHee<; while the odlce ut New ( )rleans wn« . [Mr. Tyler answered that it was the ix picted prohibili.>n upon the receivability of di branch bank . That this curtailment and these exchange regidatiiins in flaniiary were p)litical and re- yoiiitionary. and connected themselves with the rtnohition in the Senate for the cimdemnatiun uf President Jackson. (*). Tliat the distress of the country was oc- fftsioned by the Bank of the United States and the Siimte of the United States, and not by the removal of the deposits. Having stated his positions, Mr. B. proceeded to demonstrate them. 1. As to the new measures to destroy the bank. Mr. 11. said thciv were n<» such measures. The one indicated, that of stopping the re- ceipt of the branch bank drafts in payments to the Unitcil States, existed nowhere but in the two-aiid-twenty letters of instruction of the president of the l»ank. There is not even an allegation that the measure existed; thclanguage is '• in contemplation " — " understood to be in contoniphition , " and upon this flimsy pretext 3f an understanding of something in contempla- tion, nnd which something never took place, a get of rutldivs orders are sent out to every quar- ter of the Inion to make a presstirc for money, and to embarrass the domestic exchanges of the Union. Three days would have brought an answer from Washington to Philadelphia — from the Treasury to the bank ; and let it he known that tliere was no intention to stop the receipt of thc.n an understanding tliat something was in contemplation; and nc^vr in- quire if its lUKlerstandiiig was corrc<'t, nor ceaso its operations, when each suecossive «iay, for one hundred and fifty days, proved t'. it that no such thing was in contemplation ? At last, on the 27th of Juno, «vhen the presniro is to bo relaxed, it is done upon another ground ; not upon the groim»ct of Mr. Taney, in giv- ing trunefer drafts to be used against the branch- es which would not honour the notes and drafts of the other branches. Here Mr. B. turned up- on Mr., Tyler's rejxirt, and severely arraigned it for alleging that the bank always honored its paper at erery point, and furnishing a supply of negative testimony to prove that assertion, when there was a Invgo mass of positive ♦<'. ik could not have thought of rdrras this in January, instml lie mandate for curtailing dtbts, ihange, levying three millions |ing the country with the cry hibiting Pro ident .Jackson as t, intent ujwn the ruin of tlio of the President to the bank. |d Mr. 11., so incontinently re- resident of the bank, 's takin )y our Finance Committee, to lva.s now paying an instiilnunt ■hich he had jirojnised tlicin. far as the bank and the coin- Ined in making it, is an a.sse^ lonce, and, so far as tlie fmts arc ]s8crtion against eviilence. If ice of the bank or the coniniittoo ^erticm, in the f< ' y pages of tlic ■ hundred pages of Iheappendix, of the Financt; Committee can jioy come to r' ply. That tliero ontradict it, he was now ready to show. This evidence consisted in four or five rmhlii" and prominent fiicts, which he would now nio'ition, and in other circumstances, which he wotil'l ohow hcroafler. The first was the fact which he mentioned when this report was first read on the 18th of December last, namely, that Presi- dent .Fnckson had nominated Mr. Biddle at the head of the government directors, and thereby indicated him for the presidency of the bank, for three successive years after this hostility was FU|>p<>si'd to have commencc,0(M) over; there to lie idle until she <;ould raise the foroipn exchange to eip;ht prr cent, above pnr; which she had sunk to five per cent. Im'Iow par, and thus make two sets of profits out of one operation in di,stressing and pressing the country. 4. No excuse for doubling the rates of ex- chang«\ bn-aking up the exchange business in the West, forbidding the branch at New Orleans to purchase a single bill on the West, and con- centrating the collection of exchange on the four great commercial cities. For this, Mr. B. said, nf) apology, no excuse, no justification, was of- fen'd by the bank. The act stood unjustified and unjust ifialde. The bank itself has shrunk from the attem|)t to justify it; our conunittce. in that re|>ort of which the bank proclaims itself to Ir- so proud, gives no opinion in its brief not ice of a few lines upon this transaction; but leaves .t t»> the Senate to pronounce iipt/n its wisdom and necessity ! The committee, .Mr. R said, had failed in their duty to tlu'ir coimtry by the manner in whir-h they had veiled this affftir of the exdmngt's in a few linos; and then blinked the (|iu'stion of its enormity, by nTer- ring it to the judgment of the Senate. lie made the same n-ma.'k upon the contem|K)raneous measure of the third ciirtailuient ; and called on the author of the r.'port [Mr. TylerJ to defend his report, and to defend theconrders ; it must have Iwon some days liefore the issue of the orders ; and was, in ail probability, a few days afier the com- nu'iiceinent of the movement in the Senate ajjaiiist the President. The next point of cun- nection, Mr. B. said, was in the subject nialter; and hero it was neces,ure under the curtailment was to reach its maximum; and the manner in which the re- strictions ujjon the sale and purchase of bills of exchange was made to fall exclv.sivvly and heavily upon the principal comiu' rc'al cities, at the moment when most deeply engaged in the purchase and shipment of protliuv. Thu.s, in New-York, where the glial chiuter elections were to take place during the first week in .\pril, the curtailment was to r.aeh its maximum lir.'6sure on the first day of that month. In Viririnia, where the elections are continued throujihout the whole month of April, the pres- lure wns not to reach its clinuax until the tenth day of that month. In Connecticut, where the elections occurred about the first of A]>ril, the pressure was to have its last turn of the screw in the month of March. And in these three in- stances, the only ones in which the elections were depending, the political bearing of the pressure was clear and undeniable. The sym- pathy in the Senate in the results of those poli- tical calculations, was displayeil in the exultation which brjke out on receiving the news of the elcctirns in Virginia, New- York, and Connectioit — 8Ti exultation which broke out into the most cjttravagant rejoicings over the supposed down- fall of the administration. The careful calcula- tion to rnakc the pressure and the exchange regulations fall upon the commercial cities at the moment to injure commerce most, was also visible in the times fixed for each. Thus, in all the western cities, Cincinnati, LouLsville, Lex- ington, N.i.shville, Pittsburg, Saint Louis, the pressure was to reach its maximum by the first day of March ; the shipments of western j)ro- duce to New Orleans being mostly over by that time ; but in New Oileans the pressure was to be continued till the first of April, because the shipping season is protracted there till that month, and thus the produce which left the upper States under the depression of the pres- sui-e, was to meet the .sjunc pressure upon its arrival in New Orleans ; and thus enable the frieids of the bank to read their ruined prices of western produce on the floor of this Senate. in Baltimore, the first of March was fixed, which would cover the active business season there. So much, .said Mr. K., for the pressure by cur- tailment ; now for the pressure by bills of ex- change, and he would take the case of New Orleans first. All the branches in the West, and every where else in the Union, were author- ized to purcha^ic bills of exchange at short dates, not exceeding ninety days, on that emporium of the AVest ; so as to increase the dennmd for money there ; at the same time the branch in New Orleans was forbid to purchase a single bill in any part of the valley of the Mississippi. I This prohibition was for two purposes ; first, to I break up exchange ; and next, to nuike money : scarce in New Orleans; as, in delaiilt of bills of ' exchange, silver would bo shipped, auil the .ship- ping of si.'.'T would make a pressure upon all the local banks. To help out this operation, I Mr. B. said, it must be well and continually 542 THIRTY YEARS' VIEW. ni »' rcmeinlwrcd that the Bank of tha United States itself abducted about one million and a quarter of liard dollars from New Orleans during the period of the pressure there ; thus proving that til her afTected necessity for curtailment was a false and wicked pretext for the cover of her own political and revolutionary views. The case of the western branches was next adverted to by Mr. B. Among these, ho said, the business of exchnngc was broken up in toto. The five western branches were forbid to p»>r- chase exchange at all ; and this tyrannical order was not even veiled with the pretext of an ex- CJise. Upon the North Atlantic cities, Mr. B. said, unlimited authority to all the branches was given to purchase bills, all at short dates, tmder ninety days ; and all intended to become due during the shipping season, and to increase the demand for money while the curtailment was going on, and the screw turning from diiy to day to lessen the capacity of getting money, and make it more scarce as tl'.e der nd for it be- came urgent. Thus were the gi.at commercial cities, New Orleans, New-York, IJultimore, and Philadelphia, subject to a dojible process of op- pression; and that at the precise season of pur- chasing and shipping crops, so as to make their distress recoil upon the planters and fanners; and all this upon the pretext of new measures understood to be in contemplation. Time again becomes material, said Mr. B. The bank pres- sure was arrangcrl in .Janiiary, to reach its climax in March and the first of April ; the debate in the Senate for the condemnation of President Jackson, which commenced in the last days of Deceniber, was protracted over the whole jMjriod of the bank pressure, and reached its consum- mation at the same time ; namely, the 28th day of March. The two movements covered the same period of time, reached their conclusions together, and co-o|)erated in the cfToct lo be produced ; and during the three months of this double movement, the Senate chamber ri'sound- cd daily with the cry that the tyranny and vengeance of the President, and his violation of laws and . is titution, had croitt.l the whole distress, and •J'-r'tilii n;!ti('n from a state of Arcadian felicity- I'--, i,> a condition of unparal- leled prosperity — to tb" lowest depth of misery ami ruin \i\\ Ii n; Mv V.. rl;fv.;ted Mid be- eouglit ttie fiT..-"' to KHisidi f tie' indiffcrtii* a with which he banV tn«\teil \\a friends i:i the Senate, and the sorrowful contradiction in which they were left to be caught. In the Senate, and all over the country, the friends of the bank were allowed to go on with the old tune, and run upon the wrong scent, of removal of the deposits creating all the distress ; while, in the two-and-twcnty circular letters dispatched to create this distress, it was not the old measure alone, but the new measures contemplated, which constituted the pretext for this very same dis- tress. Thus, the bank stood upon one pretext and its friends stood upon another ; and for this mortifying contradiction, in which all its friiiitlg have become exposed to see their mournful speeches exploded by the bank itself, a just in- dignation ought now to be felt by all the friends of the bank, who were laying the distress to the removal of the deposits, and daily crying out that nothing could relieve the country but the restoration of the deposits, or the rechaitcr of the bank ; while the bank itself was writing to its branches that it was the new measures un- derstood to be in contemplation that was occa sioning all the mischief. Mr. B. would close this head with a remark which ought to excite reflections which should never die away ; which shouid be remembere>d as long as national bunks existed, or asked for existence. It was this: That here was a proved case of a national ijank availing itself of its organization, and of \\i Iiower, to send secret orders, upon a false pro- text, to every part of the Union, to create dis- tress and panic for the purpose of accomplishing an object of its own ; and then publicly and cahunniously charging all this mischief on the act of the President for the removal of thu de- posits. This recollection should warn the coun- try against ever permitting another nutioiial bank to repeat a crime of such frightful ininio- rality, and such enormous injury to the business and property of the people. Mr. B. expivsH'd his profound regret that the report of the bank committee was silent upon these dreadful enor- mities, while so elaborate upon trilles in favor of the bank. He was indignant at the iiii-cliiif done to private property ; the fall in the prHC of staples, of stocks, and of all real and porsunal estate ; at the ruin of many merchants, and tlw injury of many citizens, which took |dawng scent, of removal of the 11 the distress ; while, in the ircular letters dispatched to g it was not the old measure measures contemplated, which •etext for this very same dis- bank stood upon one pretext, jod upon another ; and for this diction, in which all its friti.ds posed to sec their mournful d by the bank itself, a just iu- low to be felt by all the friends . were laying the distress to the deposits, and daily crying out uld relieve the country but the le deposits, or the recharter of ; the bank itself was writing to t it was the new measures un- n contemplation that was occa nuschief. Mr. B. would dore n remark which ought to excite h should never die away ; which rtibered a.s long as national banlca cd for existence. It was this: I proved case of a national bank of its organization, and of its scci-et orders, upon a false prc- ,art of the Union, to civate dis- fi)r the purpose of accoinplisliing s own ; and then publitly and liarjiing all this mischief on the ident for the removal of the dc- •cullection should warn the coun- [er permitting another national a crime of such frightful inimo- [, enormous injury to the business . the people. Mr. B. expressed firi-ct that the report of the banli [Silent uptm these dreadful enor- () elaborate ui)on trilles in favor le was indignant at the nii.^chiif 3 property ; the fall in the i-riee ocks, and of all reiil and per:*imal Lin of many merchants, and the citizens, which took placv durinR ason of panic and pressure. lU' at the bank for creatinj: it. and its criminal audacity in charging its own conduct upon the President; and ho was mortified, profoundly mortitled, that all this should have escaped the attention of the Finance Committee, and enabled them to make a report of which the bank, in its official organ, declares itself to bo justly proud ; which it now has undergoing the usual process of difTusion through the publication of supplemental gazettes; which it openly avers would have insured the rccharter if it had come out in time ; and to which it now looks for such recharter as soon as Pres- ident Jackson retires, and the country can bo thrown into confusion by the distractions of a- presidential election. Jlr. B. now took up another head of evidence to prove the fact that the curtailment and ex- change regulations of January were political and revolutionary, and connected with the proceed- ings of the Senate for the condemnation of the President ; and here ho would proceed upon evidence drawn from the bank itself. Mr. B. tlicn read extracts from Mr, Biddle's letters of instructions (January 30, 1834) to Joseph John- son, Esquire, president of the branch bank at Cluu'Ieston, South Carolina. They were as fol- lows : " With a view to meet the coming crisis in the banking concerns of the country, and especially to provide against new measures of hostility understood to be in contemplation by tlie executive ofTlcers at Wa.shington, a general reduction has been ordered at the several offlces, and T have now to ask your particular attention to accomplish it," * * * * " It is as dis- airreable to us as it can be to yotirs.:.lve8 to impose any restrictions upon the business of the office. But you arc perfectly aware of the effort whiclihas been making for some time to prostrate the hank, to which this new measure to which I have alluded will soon be added, unless the pnjjectore become alarnic. would invoke the deepest attention to tliis letter. The pas>;afres which he hiul read were not in the circulars addresseil at the same time to the other branchc/i. It was confined to this letter, with something similar in one more which he wouhl presently read. The coming crisis in the banking concerns of the C/untry is here shadowed forth, and .secretly foretold, three months before it happened ; and with good rea- son, for the prophet of the evil was to assist in fulflllipg his prophecy. With this secret pre- diction, made in January, is to bo connected the public predictions contemporaneously made on tliis floor, and continued till A^pril, when the explosion of some banks in this district was proclaimed aa the commencement of the general ruin which was to involve all local banks, and especially the whole safety-fund list of bank.s, in one universal catastrophe. The Senate would remember all this, and spare him repetitions which must now bo heard with pain, though uttered with satisfaction a few montlis ago. The whole free institutions of our country was the next phrase in the letter to which Mr. B. called attention. He said that in this phrase the |)oli- lical designs of the bank stood levealed j and ho averred that this language was identical with tliat used upon this floor. Here, then, is the .secret order of the bank, avowing that tho whole five in- stitutions of the country are taken into its h(dy keeping ; and that it was determined to sub- mit to a temporary sacrifice of profit in sus- taining the bank, which itself sustains tiio whole free institutions of the country ! What insolence ! What audacity ! But, said Mr. B., what is here nuant by free institutions, was the elections ! and the true meaning of .Mr. Biddle's letter is, that the bank meant to sulnnit to temporary sacrifices of money to caiwy tho elections, and put down the Jackson admin' tration. No other meaning can hv put up the words; and if there could, tlicre is fiirt' proof in reserve to nail the infamous and wic' 1 design upon the bank. Another passage in iiiis letter, Mr. B. would point out, and then i>ri)- coed to a new piece of evidence. It wa- lie passage which said this new measure wi'l - 'on be a(Med, uidef^s the projectors become ir ued at it. Now, said Mr. B., take this as you , K use ;. either that the projectors did, or did not. lie- come alarmed at their new measure ; tlie I'act is clear that no new measure was put in fi>rco, ami that the bank, in proceeding to act ui)on that ass\unpti(m, was inventing and fabricating a pretext to justify the scourj^e which if. >v is nieditathig against the country. Dates are ! . .e material, said Mr. B. The first letters, founded 544 TIllUTY YEA15S' VIKW. . iW If .* on these new measures, were dutcd the 21 st of January ; and spoke of them as hein^; under- stood to l)e in contemplation. This letter to Mr. Johnson, which speaks hypothctically, is dated the 3flth nf January, being eight days later ; in which time the ttank had doubtless heard that its understanding about what was in contemplation was all false ; and to cover its retreat from having sent a falsehood to two- and-twenty branches, it gives notice that the new measures which were the alleged pretext of jmnic and pressure upon the country were not to take place, because the projtctors had got ainnned. The beautiful idea of the projec- tors — tliiit is to say, (Jeneral Jackson, for he is the person intended — In^coming alarmed at interdicting the reception of illegal drafts at the treasury, is conjured up as a sulvo for the honor of the bank, in making two-and-twenty instances of false assertion. Hut the panic and pressure orders aixi not countermanded. The}' are to go on, although the projectors do Iwcome alarmed, and although the tiew meastire bedi-opju'd. Mr. B. had an extract from a second letter to read upon this subject. It was to the president of the New Orleans branch, Afr. >V. W. Mont- gomery, and dated Hank of the I'nited States the 24th of January. He read the extract: "The state of things here is very gloomy ; ond, unless Congress takes some (Iccith-d step to prevent the progress of the troubles, they may soon outgrow our control. Thus circumstanced our lirst duty is, to the institution, to preserve it from all danger; and we are therefoiv anx- ious, for a shing tl^^ omu- movement ..f the Senate in en- 'resident. tbnt certainly no men- l.i f «- this head, to show that thv d.si.i" of the bank were political and revolutionary, intended to put down (ieneral Jackson's adniin- istration, and to connect itself witit the Senate; but he huresentati\es, hither- to the intuitive champion of freedom, sliaken by the intrigues of the kitchen, hesitates for a time, Imt cannot fail l)eforc long to break its own fet- ter- lirst. and then those of the country. In tliat iiuarrel, wo predict, they who administer i!ie hank will shrink from no j)roper share which tlie country may assign to them. Personally, ihev nuist be a> indillerent as any of their ftjlow- litizens to the recharter of the bank. But they will not sutler them.selves, nor the institution intrusted to them, t- Iks the instninmits of private wrong and public outrage ; mr will they omit any effort to rescue the institutu)T\s of the country from being trodden under foot by a fac- tion of interlopi^rs. To these profligate adven- turers, whether their power is displayed in the ixerntivc iN wrongs, shall drive the usurpers out of the ' liiih places they dishonor." This letter, said ' Mr. U., discloses, in terms which admit of no ' xiilnnutioii or denial, the desijin of the bank in | 'Ti'atiiiir tlie pressure which was ^'ot up and (;r)ii- ■ timied during the panic session. It was to ' rouse the j)oople, by dmt of suffering, against i Vol. I.—35 the I'ivsirt of their resolution agamst the Pre»( the consul, hung out from his tent ; it was tlw signal for battle. That resolution, and the nlanii si)ceche8 which attended it, was the tocsin which started a continent from its ivpose. And the condemnation which followed it, and which lift this chamber just in time to n-ach the N'ew- Vork, Virginia, and Connecticut elections, com- pleted the effect upon the public mind, and n|Kiii the politics and commerce of the country, «lii(h the measures of the bank had been co-oper- ating for three months to produce. And htn he must express hia especial and eternal wonder how all these movements of bank and .'^eniite co-operating together, if not by arrangeinent, at least by a mctst miraculous .system of accidents, toeiidanger the political rights, and to injure the pecuniary interests of the people of the United States, could so far cscajM; the observation vi the investigating committee of the Senate, as not to draw from thein the expression of one solitary opinion, the suggestion of one single idea, the application of one single remark, to thu prejudice of the bank. Surely tiiey ought AXN'O I8:ts. ANDREW rACKSdV, I'U1>»tnopanio; e community ; n.. cry of re- ,y tlii« ilitfen-nce ? If mere ,im was to »« atlemlcl wilii • time, why not at the other) MrcssinK the Vice-President. „nd obvi.ms. The hank wa.s politic^in 1810; it had no e to govern the elections, ami ministration j it ha.l no pol.ti- it had no president of Iht hank ttr upon the President of thv ,d to Ptinudate and aid a Rveftt , crushing the President, who , new charter, and in cn.«hM.|: ,,,roscntative8 which stood i.y w no resohition then to cm- lont for n violation of the hv < ntion. An. L political rights, a,ul to injua' the Uts of the people of the I nit. L far escaF the ohsenution . li,,. committee of the Senate, a. ,.,,m them the expression of one „„, the suggestion of one sm, Lntion of one single ren.aik, 'of the bank. Surely they ought to have touched these scenes with something inure than a few meagre, stinted, and starved lines of faint allusion to the " new meo-sures un- (i(Tstre ami after tlie .session iif Congress, yet there was no distress in the country, except during the session, and while the alarm siweches were in a course of delivery on this floor. Thus, the curtailment from the 1st of August to the 1st of October, was $4,- ("KIOOO; from the 1st of Oetcdn-r to the meet- inirof Congivss in December, the curtailment was S'),*'-!!. 000— making $0,707,000 in four months, and no distress in the country. During the session of Congress (seven months) there was a rnrtailment of $3,428,138; and during this time the distress raged. From the rise of Cimpress (lastof .liuie) to the 1 st of NovemWr, a period of four months, the curtailment wns 8'\270.771,and the word distress was not heard in the country. Why ? Because there were no panic sjiceches. Congress had adjourned; and the bank, being left to its own resourres, roiild oidy iiyiire individuals, but <'oiild not alarm and convulse the community. .Mr. B. would liuish this view of the conduct of the bank in creating a wanton pressure, by giving two instances; one was theca.se of the dejiohit bank in this ci»' which it luul taken was $t)n,'>,(HM> : evidently for the purpose of blowing up the ]K-t hank in this district; and <1 ling all that time the bnmch refused to receiN. liie notes, or branch drafts, of any t)ther branch, or the notes of the mother bank; or checks upon any city north of Baltimoir On the pet bank in Baltimore it would take che<'ks, be- couse the design was to blow up that also. Here, said Mr. B., was a clear and flagrant case of pressure for specie for the mere purpose of mis- chief, and of adding the Metropolis Bank to the list of those who stop|H'd payment at that time. And here Mr. B. felt himself bomnl to pay his respects to the Committee on Finance, that went to examine the bank last Hiunmer. That com- mittee, at pages Iti and 22, of their report, brought forward an unfoundetl charge against the admini.^t^ution for making runs upon the branches of the I'nited States Bank, to bivak them; while it had been silent with resptct to a well-foimp|M)Hiti(>n to complaints on that licail from some of the hrnnche^ (sec copies of correspond- ence), the security of the institution and tJic good of the country were alike promoted. The accunnilation of the notes of any one hranch for the purpose of a run upon it \>y any agent of tho government, when specie might Is; obtained at the very places of collection, in exchange for the notes of the most distant hranclies, would liuve been odious in the eyes of the public, and a.-icribed to no other feeling than a feeling of vindictiveness " (p. 22). l.'iM)n these extracts, Mr. I), said, it was clear that the committee hud Ix'cn so unfortunate as to commit a series of niistukes, and every mistake to the advantage of the ijttnk, and to the prejudice of the govern- ment unil the country. First, tlie government is charged, for the charge is clear, though slightly veiled, that the President of the Tnited States in his v indict iveness against the bunk, would cttuse the nuUs of the branches to be accunni- luteil, and presseil upon them to break them. Next, tlie coinmiUee onut to notice the very thing actuiilly , the notes of distant branches fell below par, and were sold at a discount, or lent for short periods without interest, on condition of getting sjwcie for them ; and that this continued till Mr. Taney coerced the bunk, by means of transfer drafts to cause the notes of her branches to be re- ceived and honored at other branches us usual. In all this, Mr. 13. said, the report of the com- mittee was most unfortunate ; and showed the necessity for a new committee to examine that institution; a committee constituted upon par- liamentary principles — a majority in favor ofin- (piiry — li'.'e that of the Post Office. The rna- tion of such a committee, Mr. B. said, was the more necessary, as one of tlic main guards in- tended by the charter to Ik; pluariod of th* pressun> and panic opi-ralions ; he alluded to th(. government directors ; the history of whose re- jcTtion, after such long delays in the Semite to act on their nomination, is known to the wliolo country. The next instance of wanton pressure which Mr. B. would mention, wrs the ci>«e of an in- dividual, then a meml)cr of the Senate from Pennsylvania, now minister to St. Peterslmr;; (Mr. Wilkins). That gentleman had infurninl him (Mr. B.), towanls the close of the iium session, that the bank had caused u xcire fiicing to be served in his house, ti> the alarm and dis- tress of his wife, to revive a judgment against him, whilst he wr.s here opposing the bank. [.Mr. Ewing, of Ohio, here rose, and wished to know of Mr. B. whether it was the Banknf ihe l'nited States that had issued this scire Jaciat against .Mr. Wilkins.] •Mr. B. was very certain that it was. He re- collected not only the information, but the time and the place when and where it was given; it was the last days of the last session, and at the window b<'yond that door (pointing to tlie door in the corner behind himj ; and he uiMcil. if there is any question to Ik> raised, it ciui settled witlumt sending to Russia; the scire Jacitis, if issued, will be on record in Pittsburi,'. .Mr. B. then said, the cau.se «)n imr- s-ainttj<.r»ty in favor "f'n- thc lV.Ht (»ffl<-e- '"'^' "'•'^• nittce, Mr. B- saWl, wm th. one ..f the inuin jjuur.ls in- rter to »hs placo.l over U.b e .luriuK the ^riod of Ih* (,pc.rali....s;hcaUu.U-.llothr TH ; the history of whose re- long .Mays in the Seualo to ution, i« known to the whole ,cc of wanton preB«..re which nti..n,wr.. the cpnc of nn m- meniWr of tlu- Senate fn.in V minister to St. Petershur, Tl>at gentleman hml iiifonuul „war.lH tiie cIobc of the litst »„u,kha.lcan^e.la«.r.. Ikins.l ,,y certain that it was. He ic Iv the inf<.nnati..n,bi.t the turn ,hen and where it was given; days of tl>e last session, uiul ul ,,ul that door (pointing to tl.e .,,. la.hind him) ; and he a.iae.l, ,,H.stion to 1.0 raised, it rani, .ending to llus.sia-, the sna' „ will be on record in l'iUsl.ur„'. i'a thcc-nuseof this conduct t- n'l,e understood when It .-< r^- ,e had denied on this fl.K>r tl,c .e .teat di.-*lress which had Utn U«rK;»"'^t»>*^ necessity thul 'Ider t<, push him at that tuue ,ed by .eeing that two and l.J ongresH, as reported by the - .U>e, had received ••a.ronnuo • , ,;„U and its branches ., t L,..nator, and a citizen of rem. ,ed to the bank, was thvis tro- I * Mr. U. returned to the resolution which it was projwsed to exiiiinge. lie said it ought to ' po. It wM the root of tiie evil, the father of the mischief, the iiourcf of the injury, the Ito.x of Pandoni, which had fll!eanie hiis subsided ; the price of produce and projMjrty has rwt'vered from its depres.sion, and risen be- vond its former lioutids. The culd that, Bo far as it is concerned, the minds of the whole existing generation should be dipped in the fabidouB and oblivious waters of the river Ixjthe. But these wishes arc vain. The resolution must survive and live. History will record it ; memory will retain it ; tradi'ion will haml it down. In the very actof expur/^a- tion it lives ; for what is taken from one page is placed on another. All atonement for the un- fortunnte calamitous act of the Senate is imper- fect and inadequate. Expunge, if we can, still the only ctrect will be to express our solenni convictions, by that obliteration, that such a re- solution ought never to have soiled the pages of oiirjouninl. This is all that wo can tlo ; and this much we are bound to do, by every obliga tion of justice to the President, whose name has Ijctn attainted ; by every consideration of duty to thi CO' ntry, whose voice demands this repara- tion; hj lur regard to the constitution, which has been rampled under foot ; by respect to the Hcise 01 Hopiesentatives. whoso function has been usurped ; by self-respect, which rccjuires the Senate to vindicate its justice, to torreet its errors, and re-e>lablish its high name for eipiity, dignity, and moderation. To err is human; not to err is divine; to correct error is the work of supi'reminent and also sn|Krhuman moral ex- cellence, and this exalteil work now remains for the Senate to perform. C II APT Ell CXXIV. KXPf.NOINd UKSOI.tTTION: I!I--rK(rrKI), AND KKNKWKU. TiiK s|>eech which h d been delivered by Mr. Benton, was intended for ellect u|ion the cimnlry — to inlluence tin forthcoming elect i' lis — and not with any view to act upon the .Senate, still consisting of the same members who had INissed the condemnatory resolution, and not exiiectcd to condemn their own act. The ex- punging resolution was laid np(m the table, without any intention to move it again during the present session ; biil mi the last day of the session, when the Senate was crowded with business, and when there was hardly tiine to finish up the indisiiensable legislation, the motion was called up, and by one of its op{Mmeuts — Mr. Clayton, of Delaware — the author of the nioticm being under tli'* necessity to vote for the taking up, though ex|>i'cting no good from it. Tlie moment it was taken up, Mr. White, of Tennessee, moved to strike out the word '" ex- punge," and insert " rescind, reverse, and make null and void." This motion ostori .bed Mr. Benton. Mr. Whit, besides opposing all the proceedings against Pri Mdent Jackson, had been his iiersonal and political friend from early youth — for the more than forty cars which tach of them had residt 1 in Tt imessee. IIo exix;cted his aid, ind felt the danger of such a defection. Mr. Benton defended his word as being strict 'y parliamentary, and the only one which \ - iiri'iter to boused when an unautho- rized act is to be condemned — all other phra.scs admitting the legality of the act which is to bo in alidated. Mr. White justified his motion < n the groun%'^^ €l^ ^ "iJ.^ 550 THIRTY YEARS' VIEW. lis mi ■■? lU mm I;*': Ir-il i^""' ii r'wn^-j fet| ':;i"^■ i li-iifiii taken in Us primary scn.«c of " holding," " pre- serving," instead of "writi!":g," a journal: but the mover of the resolution soon saw that Mr. "White was not the only one of his friends who had yielded at that point — that others had given way — and, came about him importuning him to give up the obnoxiou.s word. Seeing himself almost deserted, he yielded a mortifying and re- luctant assent ; and voted with others of his friends to emasculate his own motion — to re- duce it from its higli tone of reprobation, to the legal formula which applied to the reversal of a mere error in a legal proceeding. The moment the vote was taken, Mr. Webster i-ose and ex- ulted in the victory over the hated phrase. He proclaitned the accomplishment of every thing that he desired in relation to the expunging re- solution : the word was itself expunged ; and he went on to triumph in the victory which had been achieved, saying : •' That which made this resolution, which we have now amended, particularly offensive, was this : it proposed to expunge our journal. It called on us to violate, to obliterate, to erase, our own records. It was calculated to fix a particular stigma, a peculiar mark of reproach or disgrace, en the resolution of March last. It was designed to distinguish it, and reprobate it, in some especial manner. Now, sir, all this most happily, is completel}' defeated by the almost unanimous vote of the Senate which has just now been taken. The Senate has declared, in the most emphatic manner, that its journal shall not be tampered with. I rejoice most heartily, sir, in this descisive result. It is now settled, by authority not likely to be shaken, that our records are sacred. Men may change, opini as may change, power may change, but, thanks to the firmness of the Senate, the re- cords of this body do not change. No instruc- tions from without, no dictates from principali- ties or powers, nothing — nothing can be allowed to induce the Senate to falsify its own records, to disgrace its own proceedings, or violate the rights of its members. For one, sir, I feel that we have fully and completely accomplished all that could be desired in relation to this matter. The attempt to induce the Senate to expunge its journal has failed, signally and effectually failed. The record remains, neither blurred, blotted, nor disgraced." And then, to secure the victory which he had gained, Mr. Webster immediately moved to lay the amended resolution on the table, with the peremptory declaration that he would not with- draw his motion for friend or foe. The resolve was laid upon the table by a vote of 27 to 20. The exulting speech of Mr. Webster restored n to my courage — made a man of me again ; ai the moment the vote was over, I rose and su mitted the original resolution over again, wit the detested word in it — 1'> stand for the secoi week of the next session — with the peremptoi declaration that I would never yield it agaiu i the solicitations of friend or foe. CHAPTER CXXV. BRANCH MINTS AT NEW ORLEANS, AND IX TI GOLD REGIONS OF GEORGIA AND NORTH CA OLINA. The bill had been reported upon the propos tiou of Mr. Waggaman, senator from Louisian and was earnestly and perseveringly oppose by Mr. Clay, lie moved its indefinite pes ponement, and contended that the mint at Piii adelphia was fully competent to do all the coii age which the country required. He denic the correctness of the argument, that the mii at New Orleans was necessary to prevent tl transportation of the bullion to Philudelplii It would find its way to the great comnicrci marts of the country whether coined or lu He considered it unwise and injudicious to e tablish these branches. He supposed it won gratify the pride of the States of Nortli Caro! na and Georgia to have them there ; but \vh the objections to the measure were so stron he could not consent to yield his opposition it. He moved the indefinite postponement the bill, and asked the yeas and nays on 1 motion ; which were ordered. — Mr. Manp:ii regretted the opposition of the senator fro Kentucky (Mr. Clay), and thought it neccssa to multiply the number of American coins, ai bring the mints to the places of prodiictifl There was an actual loss of near four per cci in transporting the gold bullion from the (lee gia and North Carolina mines to Phiiadelpl for coinage. With respect to gratifying t pride of the Southern States, it was a niiscc ception ; for those States had no priie to gni fy. He saw no evil in the multi ication these mints. It was well shown 1 the scr tor fi'om Missouri, when the bill wr^.i up befo that, in the commentaries «n the constitution ANN'O 1835. ANDREW JACKSON, rRKSIDF.NT. 551 cch of Mr. Webster restored me -made a man of me again ; and vote was over, I rose and sub- mi resolution over again, with rd in it-tT stand for the stiond ,t session-with the peremptory , I would never yield it again to 8 of friend or foe. A.PTER CXXV. a AT NEW OKLEANS, AND IN THE SS OF GEOKGIA AND NOUTII CAU- been reported upon the proposi- raggaman, senator from Loui»ian;i, lestly and perseveringly opposed He moved its indefinite post- d contended that the mint at Phil- fuUy competent to do all the coin- he country required. He denied ■ss of the argument, that the mmt eans was necessary to prevent the Ln of the bullion to Philadelplu;i. d its way to the great commercial > country whether coined or nut. >d it unwise and injudicious to es- > branches. He supposed it would ride of the States of North Carol.- giatohave them there; but when „8 to the measure were so stronjr, consent to yield his opposition to ed the indefinite postponement o\ asked the yeas and nays on his hich were ordcred.-Mr. Man^im ,e opposition of the senator from Mr Clay), and thought it necessary the number of American coins, and nints to the places of production. .n actual loss of near four per cent, ing the gold bullion from the (.eor- Lth Carolina mines to Philadelplua With respect to gratifymg the Southern States, it was a miscon- those States had no pri. etc iirati- no evil in the m«lti icat.on of ^ It was well sho>vn 1 the sem- i8Souri, when tbo bill w^. up befor^. 'cTmmUriesCBtheconstituUonU was understood that branches might be multi- plied. — Mr. Frclinghuysen thought that the ob- ject of having a mint was mistaken. The mint was established fur the accommodation of the government, and he thought the present one sufficient. Why put an additional burden upon tiie government becau.sc the people in the South have been so fortunate as to find gold ? —Mr. Bedford Brown of North Carolina, said the senator from New Jersey, asked why we apply to Congress to relieve us from the bur- den of transporting our bullion to be coined, wlien the manufacturers of the North did not ask to be paid for transporting their material. He said it was true the manufacturers had not asked fur this transportation assistance, but they asked for what was much more valuable, and got it — protection. The people of the South ask no protection ; they rely on their own exertions ; they ask but a simple act of justice — for their rights, under the power granted by the States to Congress to regulate the value of coin, and to make the coin itself. It has the exclusive privilege of Congress, and he wished to see it exercised in the spirit in which it was granted; and which was to make the coin- iinre generel for the benefit of all the sections of the Union, and not local to one section. The re- mark of the gentlemen is founded in mistake. What are the facts ? Can the gold bullion of North Carolina be circulated as currency ? We all know it cannot ; it is only used as bul- lion, and carried to Philadelphia at a great loss. Another reason for the passage of the bill, and one which Mr. Brown hoped would not be less regarded by senators on the other side of the House, was that the measure would be auxiliary to the restoration of the metallic currency, and bring the government back to that currency wliich was the only one contemplated by the constitution. Mr. Benton took the high ground of consti- tutional right to the establishment of these branches, and as many more as the interests of the- States required. He referred to the Fede- ralist, No. 44, written by Mr. Madison, that in surrendering the coining power to the federal povcrnment, the States did not surrender their riglit to have local mints. He read the passage from the number which he mentioned, and which was the exposition of the clause in the constitu- tion relative to the coining power. It was ex- press, and clear in the assertion, that the States were not to be put to the expense and trouble of sending their bullion and foreign coins to a central mint to be recoined ; biit that, as many local mints would be established under the au- thority of the general government as should be r.eccssary. Upon this exposition of the meaning of the constitution, Mr. B. said, the States ac- cepted the constitution ; and it would be a fraud on them now to deny branches where they were needed. He referred to the gold mines in North Carolina, and the delay with which that State accepted the constitution, and inquired whether she would have accepted it at all, without an amendment to secure her rights, if she could have foreseen the great discoveries of gold within her limits, and the present opposition to grant- ing her a local mint. That State, through her legislature, had applied for a branch of the mint years ago, and all that was said in her favor was equally applicable to Georgia. Mr. B. said, the reasons in the Federalist for branch mints were infinitely stronger now than when Mr. Madison wrote in 1788. Then, the Southern gold region was unknown, and the acquisition of Louisianji not dreamed of. New Orleans, and the South, now require branch mints, and claim the execu- tion of the constitution as expounded by Mr. Madison. Mr. B. claimed the right to the establishment of these branches as an act of ju.stice to the people of the South and the West. Philadelphia could coin, but not diffiise the coin among them. Money was attracted to Philadelphia from the South and West, but not returned back again to tho.se regions. Local mints alone could sup- ply them. France had ten branch mints ; Mexico had eight ; the United States not one. The es- tablishment of branches was indispensable to the diffusion of a hard-money currency, espe- cially gold ; and every friend to that currency should promote the establishment of branches. Mr. B. said, there were six hundred machines at work coining paper money — he alluded to the six hundred banks in the United States ; and only one machine at work coining gold and silver. He believed there ought to be five or six branch mints in the United States; that is, two or three more than provided for in this bill ; one at Charleston, South Carolina, one at Nor/i/lk or Richmond, Virginia, and one at New- York or Boston. Thfc United States Bank had twenty- 552 THIRTY YEAIJS' VIEW, ml-.' four brandies ; give tlio United States Ttlint five or six branches ; and tlic name of that bank wouhl cease to be nrjred npon us. Nol)ody would want her paper when they could get gold. Mr. B. scouted the idea of expense on sueli an object as this. The expense was but inconsider- able in itself, and was nothing compared to its object. For the object wo o supply the country with a safe currency, — with a constitutional currency ; and currency w'as a thing which con- cerned every citizen. It was a point at which the action of government reached every Iniman being, and bore directly upon his property, upon his labor, and ujjon his daily bread. The States had a good currency when this federal govern- ment was formed ; it was gold and silver for common use, and large bank notes for large operations. Now the whole hmd is infested i with a vile currency of small paper : and every citizen was more or less cheateil. He himself had but two bank notes in the world, and they were both counterfeits, on the United States Bank, with St, Andrew's cross drawn through their faces. lie used nothing but gold and silver since the gold bill passed. In reply to Mr. Frelinghuysen, who asked where was the gold currency ? He would an- swer, far the greatest part of it was in the vaults of the Bank of the United States, and its branches, to be sold or shipped to Europe ; or at all events, to be kept out of circulation, to enable the friends of the bank to ask, where is the gold currency ? and then call the gold bill a humbug. But he would tell the gentleman where a part of the gold was ; it was in the Metropolis Bank in this city, and subject to his check to the full amount of his pay and mileage. Yes, said Mr. B,, now, for the first time, Congress is paid in gold, and it is every member's own fault if he does not draw it and use it. Mr. B. said this question concerned the South and West, and he would hope to see the repre- sentatives from these two sections united in sup- port of the bill. He saw with pleasure, that several gentlemen from the north of the Poto- mac, and from New England were disposed to support it. Their help was most acceptable on a subject so near and so dear to the South and West. Every inhabitant of the South and West was personally interested in the success of the bill. From New Orleans, the new coin would as- cend the Mississippi River, scatter itself all along its banks, fill all its towns, cities, and villag branch off into the interior of the country, asc all the tributary streams, and replenish i refresh the whole face of the land. Fi the Southern mints, the new gold would cc into the West, and especially into Kentuc Ohio, and Tennessee, by the stock drivi being to tliem a safe and easy remittance, an the comitry a noble accession to their currcn enabling them quickly to dispense with tl small notes. It was asked, Mr. B. said, what loss has Wcsttrn People now sustained forwantofgc lie would answer that the whole West was of counterfeit paper; that counterfeit pj formed a large part of the actual circulat especially of the United States branch dra that sooner or later all these counterfeits n stop in somebody's hands ; and thej'^ would sure to stop in the hands of those who were I able to bear the loss. Every trader down Mississippi, Mr, B, said, was more or less im] ed upon with counterfeit paper ; some lost n ly their whole cargoes. Now if there was a bra mint in New Orleans every one would get i gold. He could get it direct from the mint have his gold examined there before he rcccj it. Mr. B, said that one great object of es fishing branch mints was to prevent and dc counterfeiting. Such establishments would tect every counterfeit piece, and enable bod)' to have recourse to a prompt and safe s ard for ascertaining what was genuine and not. This was a great reason for the ten bi es in France, Mr. B. was against the paper system. He against all small notes. He was against al per ctUTcncy for common use ; and being a;;; it he was in favor of the measures that w put down small paper and put up gold and si The branching of the mint was one of the pensable measures for accomplishing that ol and therefore he was for it. He \\as in of practical measures. Speeches alone w not do. A gentleman might make a fine s; in favor of hard money ; but unless he gave in favor of measures to accomplish it, the s] would be inoperative. Mr. B. held tlie F currency to be the best in the world, \\ litre was no bank note under 500 francs $100), and where, in consequence, there \ gold and silver circulation of upwards o ANNO 18:io. ANDIIF.W JACKSON, PUl'.SIDKNT. 553 mits towns, cities, and villages; the interior of the country, ascend ^ry streams, and replenish and ^l.olc face of the land. From „rnts, the new gold would come t and especially into Kentucky, ;ncssee, by the stock drivers, a safe and easy remittance, and to noble accession to their currency; 1 quickly to dispense with their cd Mr. B. said, what loss has the pie now sustained for wantof gold? swer that the whole West was full it paper; that counterfeit paper (..ve part of the actual circulation, "the United States branch drafts; or later all these counterfeits must ebody's hands; and they would be in the hands of those who were least . the loss. Every trader down the Mr B. said, was more or less impos- th counterfeit paper; some lost near- >le cargoes. Now if there wasa branch ■w Orleans every one would get new could get it direct from the mint ; or Lid examined there before he rcccivcl I said that one great object of cstab- nch mints was to prevent and detect iinc Such establishments would do- ^ counterfeit piece, and enable everj- ,e recourse to a prompt and safe stand- iertaining what was genuine and what wasagreatreasonforthetenbranch- Ice ,vas against the paper system. He was small notes. He was against all pa- ,cv for common use; and being against „ favor of the measures that would small paper and put upgoldandsilver, .hingoflhemintwasoneoftheind.=- neasures for accomplishing that object ^ore he was for it. He was in fovor •al measures. Speeches alone .oul ^gentleman might make a fine speech r hard money; but unless he gave votcj f^neasures to accomplish it the sreec inoperative. Mr. B. held the French tobethebestintheworld,wh.rethe« 'bank note under 500 fninc - ,d where, in consequence, there .a silver circulation of upwards of to Inindrcd millions of dollars ; a currency which had lately stood two revolutions and one con- quest, without the least fluctuation in its quan- tity or value. New Orleans, he said, occupied the most feli- citous point in America for a mint. It was at the point of reception and diffusion. The specie of Mexico came there; and when there, it as- cended the river into the whole West. It was the market city — the emporium of the Great Valley ; and from that point every exporter of produce could receive his supply and bring it home. Mr. B. reiterated that this was a question of currency ; of hard money against paper ; of gold against United States Bank notes. It was a struggle with the paper system. He said the gold bill was one step ; the branching the mint would be the second step; the suppression of all notes under twenty dollars would be the third 6tep towards getting a gold and silver currency. The States could do much towards putting down small notes ; the federal government could put them down, by putting the banks which issued them under the ban ; or, what was better, and best of all, returning to the act of 1789, which enacted that the revenues of the federal govern- ment should be received in gold and silver coin only. The question was then put on Mr. Clay's motion for indefinite postponement — and failed —10 yeas to 27 nays. Further strenuous exer- tion was made to defeat the bill. Mr. Clay moved to postpone it to the ensuing week — which, being near the end of the session, would k a delay which might be fatal to it ; but it came near passing — 20 yeas to 22 nays. A motion was made by Mr. Clay to recommit the hill to the Committee of Finance — a motion equi- valent to its abandonment for the session, which failed. Mr. Calhoun gave the bill an earnest support. lie said it was a question of magnitude, and of vital importance to the South, and de- served the most serious consideration. Yet, he ^ was sorry to say. he had seen more persever- l ing opposition made to it than to any other measure for the last two years. It was a I Btctional question, but one intended to extend I equal benefits to all the States — Mr. Clay said, if there had been resistance on one side, there had [ also been a most unparalleled, and he must say, j unbounded perseverance on the other. Ho would repeat that in whatever light he harl rtceived the proposed measure, he had been unable to come to any other conclusion than this, that it was, in his humble judgment, delusive, uncalled for, calculated to deceive the people — to hold out ideas which would nev er be realized ; — and as utterly unworthy of the consideration of the Senate. — Mr. Calhoun was astonished at the warmth of Mr. Clay on this question — a ques- as much sectional in one point of view, as a measure could be, but national in another. Let senators say what they would, this govern- ment was bound, in his opinion, to establish the mints which had been asked for. Finally, the question was taken, and carried — 24 to 19 — the yeas being : Messrs. Benton, Bibb, Brown, Cal- houn, Cuthbert, Hendricks, Kane, King of Ala- bama, King of Georgia, Leigh, Linn, Mangum, Morris, Porter, Preston, Robinson, Buggies, Shepley, Tallmadge, Tyler, Waggaman, Webster, White, Wright. The nays were : Messrs. Bell of New Hampshire, Black of Mississippi, Bu- chanan, Clay, Clayton, Ewing, Frelinghuysen, Goldsborough, Isaac Hill, Knight, McKcan, Naudain, Bobbins, Silsbee, Smith, Southard, Swift, Tipton, Tomlinson. The bill was imme- diately carried to the House of Representatives ; and there being a large majority there in favor of the hard money policy of the administration, it was taken up and acted upon, although so near the end of the session ; and easily passed. CHAPTER CXXVI. REGULATION DEPOSIT BILL. The President had recommended to Congress the passage of an act to regulate the custody of the public moneys in the local banks, intrusted with their keeping. It was a renewal of the same recommendation made at the time of their removal, and in conformity to which the House of Representatives had passed the bill which had been defeated in the Senate. The same bill was 'l^cnt up to the Senate again, and passed by a large majority : twenty-eight to twelve. The yeas were: Messrs. Benton, Black of Missis- sippi, Calhoun, Clayton of Delaware, Cuthbert of Georgia, Ewing of Ohio, Frelinghuysen, Golds- ' ^ i|iii ' '^i''^i ; .V 11 i If 1^1'' I |l -iiiili mmtv • :.i ^fi '' 554 THIRTY YEARS' VIKW. borougli, Kent, Knight, Leigh, Linn, McKean, Manguni, Moore, Alexander Porter, Prentiss, Preston, Robbins, Ilobinson, Smith, Southard, Swift, TomUnson, Tyler, Waggaman, Webster, Wright. The nays were : Messrs. Bibb, Brown, Buchanan, Hendricks, Hill, Kane, King of Ala- bama, Morris of Ohio, Poindexter, Buggies, Sheplcy, Tallmadge. And thus, the complaint ceased which had so long prevailed against the President, on the alleged illegality of the State bank custody of the public moneys. These banks were taken as a necessity, and as a half- wiiy house between the Bank of the United States and an Independent treasury. After a brief sojourn in the intermediate abode, they passed on to the Independent treasury — there, it is hoped, to remain for ever. CHAPTER CXXVII. DEFEAT OP THE DEFENCE APPROPRIATION, AND LOSS OF THE FORTIFICATION BILL. The President in his annual message at the commencement had communicated to Congress the state of our relations with France, and especially the continued failure to pay the in- demnities stipulated by the treaty of 1831 ; and had recommended to Congress measures of re- prisal against the commerce of France. The re- commendation, in the House of Representatives, was referred to the committee of foreign relations, which through their chairman, Mr. Cambreling, made a report adverse to immediate resort to re- prisals, and recommending cont.ngent prepara- tion to meet any emergency which should grow out of a continued refusal on the part of France to comply with her treaty, and make the stipu- lated payment. In conformity with this last recommendation, and at the suggestion of Mr. John Quincy Adams, it was resolved unanimous- ly upon yeas and nays, or rather upon yeas, their being no nays, and 212 members voting — " That in the opinion of this House, the treaty of the 4th of July 1831 with France be main- tained, and its execution insisted upon : " and, with the like unanimity it was resolved — "That preparations ought to be made to meet any emergency growing out of oui relations with France." These two resolutions showed the temper of the House, and that it intended virdicatc the rights of our citizens, if necessa at the expense of war. Accordingly an app priation of three millions of dollars was inscr by the House in the general fortification bill enable the President to make such military £ naval preparations during the recess of C gress as the state of our relations with Fra might require. This appropriation was zealou voted by the House : in the Senate it met w no favor; and was rejected. The House insis 01^ its appropriation : the Senate " adhered ' its vote : and that brought the disagreement a committee of conference, proposed by House. In the mean time Congress was in expiring moments of its session ; and eventua the whole appropriation for contingent prepa tion, and the whole fortification bill, was lost the termination of the Congress. It was a m serious loss; and it became a question wh House was responsible for such a raisfortum regrettable at all times, but particularly ?o the face of our relations with France. 1 starting point in the road which led to this 1 was the motion made by Mr. AVebster to •• here " — a harsh motion, and more calculated estrange than to unite the two Houses. } King, of Alabama, immediately took up the n tion in that sense ; and said : " He very much regretted that the senator fr Massachusetts should have made sucli a inotii it had seldom or never been resorted to until ot and more gentle means had failed to produo unity of action between the two Houses, this stage of the proceeding it would be cons ered (and justly) harsh in its character; and. had no doubt, if sanctioned by the Senate, wo greatly exasperate the other House, and proba endanger the passage of the bill altogether. .■ gentlemen, said Mr. Mr. K., prepared for tli Will they, at this particular juncture, in i present condition of things, take upon the selves such a fearful responsibility as the rcj tion of this bill might involve ? For himself your forts are to be left unarmed, your sh unrepaired and out of commission, and y( whole sea-coast exposed without defences of a kind, the responsibility should not rest upon shoulders. It is as well, said Mr. K., to .«p( plainly on this subject. Our position with gard to France was known to all who heard li to be of such a character as would not, in opinion, justify prudent men, men who look the preservation of the rights and the honor the nation, in withholding the mcan;<, the m ample means, to maintain those rights and p serve unimpaired that honor. »> ANN'O 1835. ANDRKW JACKSON, PRESTDENT. 555 House, and that it intended to ights of our citizens, if necessary, of war. Accordingly an appro- ee millions of dollars was inserted in the general fortification bill to ;sidcnt to make such military and tionp during the recess of Con- tate of our relations with France This appropriation was zealously House : in the Senate it met wiili [ was rejected. The House insisted ,riation : the Senate " adhered " to that brought the disagreement to of conference, proposed by the ;he mean time Congress was in tlie iients of its session -, and eventually tpropriation for contingent prepar,;- J whole fortification bill, was lost by ion of the Congress. It was a most ; and it became a question whicli responsible for such a misfortune- at all times, but particularly ?o in our relations with France. The nt in the road which led to this lo.<> ,tion made by Mr. AVebster to "a,!- larsh motion, and more calculated t- lan to unite the two Houses. Mr. abama, immediately took up the mo- sense; and said: much regretted that the senator Irura btta should have made such a motion; Im or never been resorted to until other entle means had failed to produce a ;tion between the two Houses. At ,f the proceeding it would be consul- kistlv^ harsh in its character; and, he- \h* if sanctioned by the Senate, wou 1 Lswrate the other House, and proba hly Cassage of the bill altogether. Ave 'said Mr. Mr. K., prepared forth..] at this particular juncture, in the idition of things, take upon them- afearful responsibility as the rcje- bill might involve? For himself, it are to be left unarmed, your ship. and out of commission, and your )ast exposed without defences of any SDonsibility should not rest upon hb n as well, said Mr. K., to speak Ithis subject, 'our position with re- 's wasinown to all whoheardi™ nch a character as would no ,mh ftify prudent men, men who look Sn of the rights and the honor in withholding the n»P«";S ^^^^^ ns, to maintain those rights and pre- [paired that honor. "Mr. K. said, while he was free to confess that the proposed appropriation was not in its terms iltofietlier as hpe<'ilic as he cmild have wished it. he could not view it in the light which had, or seemed to iiave, so much alarmed the senator from Mus>a(."husetts, and others who had spoken on the subject. AVe are told, said Mr. K., that tlie adiiptiun of the amendment made by the House will prostrate the fortress of the consti- tution and bury under its ruins the liberties of the people. He had too long been accu.stomed to the course of debate here, particularly in times ofhijih party excitement, to pay much attention to bold assertion or violent denunciation. In wliat, he asked, does it violate the constitution ? Does it give to the President the power of de- claring war ? You have been told, and told tru- ly, by my friend from Pennsylvania [Mr. Bu- chanan], that this power alone belongs to Con- •ncss ; nor does this bill in the slightest degree impair it. Does it authorize the raising of annies ? No. not one man can be enlisted be- yond the number required to fill up the ranks uf your little army ; and whether you pass this amendment or not, that power is already pos- sessed under existing laws. Is it, said Mr. K., even unprecedented and unsual ? A little at- tention to the history of our government must satisfy all who heard him, that it is neither the one nor the other. •• During the whole period of the administra- tions of General Washington and the elder Adams, all appropriations were general, apply- in.' a jrross sum for the expenditure of the ditfer- eiit departments of the government, under the direction of the President ; and it was not till Mr. Jefterson came into office, that, at his rc- comraendation, specific appropriations were adopted. Was the constitution violated, broken down, and destroyed, under the administration of the father of his country ? Or did the for- tress to which the senator from Massachusetts, on this occasion, clings so fondly, tumble into ruin, when millions were placed in the hands of Mr. Jefferson himself, to be disposed of for a designated object, but, in every thing else, subject to his unlimited discretion? No, said Mr. K., our liberties remained unimpaired ; and, he trust- ed in God, would so remain for centuries yet to come. He would not urge his confidence in the distinguished individual at the head of the gov- ernment as a reason why this amendment should pass; he was in favor of limiting executive discretion as far as practicable ; but circumstan- ces may present themselves, causes may exist, which would place it out of the power of Con- fess promptly to meet the emergency. To vriiom, then, should they look ? Surely to the iiead of the government — to the man selected by tlie people to guard their rights and protect their intea'sts. He put it to senators to say whether, in a possible contingency', which all would under- stand, our forts should not be armed, or ships put in commission ? None will venture to gain- say it. Yet the extent to which such armament should be carried must, from the very r.oeessity of the case, be left to the sound diserelimi of tho I'resldeiit. From the position he occiipies, no one can be so conij)etent to form a coiiect judg- ment, and he could not. if he would, apply the money to other objects than the defences of the country. Mr. K. said ho would not, at this last momentof the session, when time was ,«^o very pre- cious, further detain the Senate than to express his deep apprehension, his alarm, lest this most important bill should be lost by this conllict be- tween the two Houses. He would beg of sena- tors to reflect on the disastrous conseipiences which might ensue. He would again entreat the .senator from Massachusetts to withdraw his motion, and ask a conference, and thus leave some reasonable ground for hope of ultimate agreement on this most important subject." The motion was persisted in, and the " adher- ence" carried by a vote of twenty-nine to seven- teen. The yeas and nays were : Yeas. — Messrs. Bell. Bibb, Calhoun, Clay, Clayton, Ewing, Frelinghuysen. (JokisborDUgh, Hendricks, Kent, Knight, Leigh. Mangiim. .Moore, Naudain, Poindexter, Porter, Prentiss. I'leston, Robbins, Silsbee. Smith, Southard, Swilt,'roinlin- son, Tyler, AVaggaman, Web.^ter, AVhite.— 2'.'. Nays. — Messrs. Benton, Brown, Buchuiian, Cuthbert, Grundy, Hill, Kane, King of Alabama, King of Georgia, Linn. McKean. Buggies, llol)- inson, Shepley, Tallmadge, Tipton, Wright. — 17. Upon being notified of this vote, the House took the conciliatory step of "insisting;" and asked a '■ c fercnce." The Senate agreed to the request — appointed a committee on its part, which was met by another on the part of the House, which could not agree about the three millions ; and while engaged in these attempts at concord, the existence of the Congress termi- nated. It was after midnight ; the morning of the fourth of March had commenced; many members said their power was at an end — others that it would continue till twelve o'clock, noon ; for it was that hour, on the 3d of March, 1789, that the first Congress commenced its existence, and that day should only be counted half, and the half of the next day taken to make out two complete years for each Congress. To this it was answered that, in law, there are no fractions of a day ; that the whole day counted in a legal transat tion ; in the birth of a measure or of a man. The first day that the first Congress sat was the day of its birth, without looking to the hour at which it formed a quorum ; the day a man was bom was the day of Ids birth, and he counted 556 THIRTY YEARS' VIEW. flflf' h 'I "• : ( from tlic hcginnin{; of the day, and the wliolo da}', and not from the hour and minute at wliich he entered the worhl — a rule which wouhl rob all the afternoon-horn children of more or less of the day on which they were born, and jio ipone their majority until the day after their birthday. While these disquisitions were goinj? on, many members were goinj? off ; and the Senate hear- ing nothing from the House, dispatched a mcs- eage to it, on the motion of Mr. Webster, " re- spectfully to remind it" of the disagreement on the fortification bill ; on receiving which mcs- eagc, Mr. Cambrelcng, chairman of conference, on the part of the House, stood up and said : "That the committee of conference of tie two Houses had met, and had concurred in an amend- ment which was very unsatisftictory to him. It proposed an unconditional appropriation of three hundred thousiind dollars for arming the fortifi- cations, and five Imndrcd thousand dollars for repairs of and equipping our vessels of war — an amount totally inadequate, if it should be re- quired, and more than was necessary, if it should not be. When he came into the House from the conference, they were calling the ayes and noes on the resolution to pay the compensation due the gentleman from Kentucky (Mr. Letcher). He voted on that resolution, but there wa.s no quorum voting. On a subsequent proposition to adjourn, the ayes and noes were called, and again there was no quorum voting. Under such circumstances, and at two o'clock in the morn- ing, he did not feel authorized to present to the House an appropriation of eight hundred thou- sand dollars. He regretted the loss, not only of the appropriation for the defence of the coun- try, but of the whole fortification bill ; but let the responsibility fall where it ought — on the Senate of the United States. The House had discharged its duty to the countrj'. It had sent the fortification bill to the Senate, with an addi- tional ai)propriation, entirely for the defence of the country. The Senate had rejected that ap- propriation, without even deigning to propose any amendment whatever, either in form or amount. The House sent it a second time ; and a second time no amendment was proposed, but the reverse ; the Senate adhered, without con- descending to ask even a conference. Had that bodj' asked a conference, in the first instance, some provision would have been made for de- fence, and the fortification bill would have been saved before the hour arrived which terminated the existence of the present House of Represen- tatives. As it was, the committees did not con- cur till this House had ceased to exist— the ayes and noes had been twice taken without a quo- rum — the bill was evidently lost, and the Senate must take the responsibility of leaving the coun- try defenceless. He could not feel authorized to report the bill to the House, situated as it was, and at this liour in the nmnnn}' ; bin any other meinbcr of flie conniii'tce of con ence proposed to do it, he should mal>e no jection, though he believed such a jjioposit utterly ineflectual at this hour ; for no im in could, at this hour in the morning, be compel to vote." Many members said the time was out. i that there had been no quorum for two hoi A count was had, and a quorum not found, 'j members were requested to pass through tclii and did .so: only eight-two present. Mr. ,U Y. Mason informed the House that the i'nd if neither the revenue nor expenditure can, under existing circumstances, be reduced, the next inquiry is, what is to be done with the surplus, which, as has been shown, will probaljiy equal, on an average, for the next eight years, the sum of $9,000,000 beyond the just wants of the government? A surplus of which, imlcss some safe disposition can be made, ail other means of reducing the patronage of the Execu- tive must prove inefTectual. tJ.!-d:.W»-S I if 'if > f ll> F;^:: fi' ^1 ;' |l ' iltSfi ''I r '5( 558 THIRTY YKARS' VIKW. I I ~ ih .r 'II . ■' ; '• Ymir cotiimittc*' arc »li'i'|>Iy m'lisihio of the prt'iit f I'mdinjj any satisfuctory hoIu- tioii of tliis inu'stion ; hut Jielu-vinv; tliut tin- very oxifrcliniinary romarliH will he neci's>;ary to explain their views. '• Ainiorarv. Assuming; tliat the act of 12(I of March, l.S;!;{, will he left nndisturhed, hy its provisions the income, after file year I8t'i. is to he reduced to tlu- economi- cal wuntsof the poverntnent. Tlie Kovermnent, then, is in a state of passafje from one where the revenue is excessive, to another in which, at a fixed and no distant period, it will he n-chiced to its projKT limits. The difliculty in the in- termediate time is, that tlie revenue cannot he hnuifilit down to the exiK'ndituie, nor the ex- IM-nditure, without preat danger, rai.«ed to the revenue, for reasons alivady explained. How is this difficulty to he overcome ? It might .seem that the simple and natural means would he, to vest the surplus in some safe and profitahle stock, to nc'.Munulate for future use; hut the dillicidty in such a course will, on examination, he found insujierahle. " At the very commencement, in seloctinp the stock, there would he great, if not insurinounta- hle. dillioulties. \o one would think of invest- ing the sur|)lus in hank stock, against which there are so many and such decisive reasons that it is not deemed necessary *o state tliem ; nor would the ohjections he le.«s decisive against vesting in the stock of the States, which would create the dangerous relation of dehtor and credi- tor hetween the government nml the nicmhers of the Union. But suppose this difficulty sur- moimted, and that some stock perfectly safe was selected, there would still remain anotlier that could not be surmounte« action, to the plain and honest simplicity of IW nier days. "It may, perhaps, be thought hy sonic tlii the power which the distribution anioni; tin States would bring to bear ag.ainst the expendi ture and its consequent tendency to retrenc) ANNO 1m:15. ANDIIK.W .lACKSON, rUI'MDKNT. r^n how is the surplus to ho .lU- . i-xroHS Hhall W- n-«hi suv,; us .vv.- Stati'stiHthoyt-arlHi'.; w lun, wn, the income iiiul fxiniulitiiic ,lu.oari-fnllynwan-ofth..nmny •liouH to tlu- (lislnhnt.on o tl... ,0 a.noM},' tlu- Sti.tos, n.n.wlm., ordinary an.l .v^'-'lar systj... ui „t Tiu-vaihnit Hk'" «" ''!'."^ .irhi.in.aV'inr.l. Th- l>ropoMl.n„ .,„vornnu-nt Hho,..M .-oli.vt ,.„.„..■ v„f such (hstrilMition, or sIi.miM ,r,.h.8forthoi""T<>r^'"'i;'';i";.""'- oo fthsur.1 to rc:,uuv re ut;,t„m; wouhl ho Nvhon api-licl as s,,,,. ,r.l an.l pornioiouH, IS, in the opin- ,„„nUteo. in tho l.rcsont on n.r- :,plydisoraoro(Utatootonrall;.,v il im.l sahitary, hut nuhsi.cnsal.lc i„noftheh...lyi.oht.ctoasnm, Ht as some potent mo.hcnu..wl,uh hnfjerovisan.! ahsnr.lto pvcscr, o ,v ,nay,l"•thedisoase.l,hetlu■..nly S^thehanaofaeath. n.stn. onosJ;i,isnotfortheimTOstcn.us us pur. OHO of raisins a revenue fo or of (listrihutin- th.e MU-plus as a 'riKtvuitins a system of dutas ov temporary n.oasnro to dispose of ,,l;^lrph''^vhile the revenue .sin f reduction, and winch ca.i.v.t k posed of, without greatly ajruvavat- That threatens tho most .laii.enm, and which holds out hope. 1.0 ithic its further prof^ross, Im ii s e bodv politic to a state o heal h 'he truth of this assertion a tew.. b- 611 suffice to illustrate, 'ohvi-ms. .ma little rotlo.:tum.tl. '^Itribution of the surplus w.n the interests of tho ^tates. .... 1 expenditure, in oppoMtmn t.. e - ?vory reduction of expense Nvol ,KmJe thcsumtohod..f tho disease be not I'radicated, must ultimately ren.ler the g.)vernnient str.ingeP than tho jM-oplo. " What iir.)gress this dangerous .lisease has alreaily ina.le in f)ur country it is n»t f.)r y.mr commiltoo to say ; but when they refky;!, on tho present symptoms; on the almost nnboiin.lo.l extent of executive patrcjnago, wielded by a sin- gle will ; the sui|)liis revenue, which caiUDt bo re.lucod within pro|»er limits in less than seven years — a perio.l which overs two presidential elections, on both of which all this mighty power an.l inllnence will be bnnight to bear; and when they consiihT that, with the vast patn.nago and inllnence of this government, that of all the States acting in concert with it will be com- bined, there are just grounds to fear that the fate which has befallen so many other free gov- ernments must also befall ours, unless, in.leod, some elfectual remedy be forthwith applied. It is under this impression that your committee have suggested the one projHJsal ; not as free from all objections, but as tho .mly one .jf suffi- cient power to arrest the disease and to rost.)re the body politic to a sound condition; an.l they have accordingly reporte.l a ri's.dntion so to amend the constitution that tho in.>noy remain- ing in the treasury at the eii.l of each year till the 1st of January, IHl.'i, deducting therefr.)m the sum of ^2,< 100.000 t.> moot current and con- tingent expenses, shall annually bo ilistribiiled am.mg tho States and Torritorie.s, inclu.ling the District of Coliinibia; an.l, for that purpose, the sum to be .listribiited to be divide. 1 into as many shares as there are .senators an.l ripre- sentatives in Congress, a.lding two for I'nch ter- ritory and two f.»r the District of Uohiinbia ; an.l that there shall boallolte.l to each State a num- ber of shares equal to its representation in both Houses, and to the territories, including the Dis- trict of 0.»lumbia, two shares each. Supj)osiiig the surplus to be distributed should avenige iii;9,000,0()0 annually, as estimated, it w.nild give to each share !S.'!0,U),') ; which multiplied by tho number (.f senators and representatives frf)m a State will show the amount to which any State will be entitled." The report being hero introduced to speak for itself, the reply also is intro »iml)Ii! ConRrcHs to luiikc tliHtribiition amonj? tliu Staten, TcriitorifH, iiiid District of Coliiiiibiii, of tho aniiimi surplus of public money. The surplus is ciuvfully culculutud ul !it;'.t,()0(»,()()() jHT iinnuiu lor ci;;lit years; and the rule of distribution assuiucd p)fs to divide that sum into as many shares as tliere are senators and representatives in ConRress ; each State to take .shares according to her representation j wliicli the riport shows would i;ive for each sliare precisely li|;.'{(»,4(ir) ; and then leaves it to the State itself, by a little ciphering', in multi- jjlyinn the aforesaid sum of !){;.■{( t,4( »5 by the whole nundjor of senators and re|iresentative8 which it may have in Congress, to cal'ulate the amnial amoimt of the stipend it would receive. This process the report extends thronj;h a pe- riod of ei^rht years ; so that the whole sum to bo divided to the States, Territories, and Di.s- trict ot Cohnnbia, will amount to sovcnty-two milli'Mis of dollars. " Of all the propositions which he ever wit- nessed, brought forward to astonish tho senses, to ct)nfound recollection, and to make him doubt the reality of a past or a present scene, this proposition, said Mr. B., eclipses and dis- tances the whole ! What ! the Senate of the United States— not only tho same Senate, but tho same members, sitting in the same chairs, looking in each others' faces, remembering what each had said only a few short months ago — now to be called upon to make an altera- tion in the constitution of tlie United States, for the pupose of dividing seventy-two milli(jns of surplus money in the treasury ; when that same treasury was proclaimed, affirmed, vatici- nated, and proved, upon calculations, for tho whole period of the last session, to lie sinking into bankruptcy ! that it would be destitute of revenue by the end of the year, and could never be rejilenished until the deposits were restored ! the bank reclmrtered ! and tl»e usurper and des- pot driven from the high place which he dis- honored and abused ! This was the cry then ; the cry whicii resounded through this chamber for six long months, and was wafted upo every breeze to every quarter of the Republic, to alarm, agitate, disquiet and curnge the people. The author of this report, and tlie whole party with which he marched under tho orijiamine of the Eank of the United States, filled the Union with this cry of a bankrupt treasury, and predicted the certain and speedy downfall of the administration, from the want of money to carry on the operations of the government. " FMr, Calhoun here rose and wished to know of Mr. Benton whether he meant to include him in the number of tho.se who had predicted a deficiency in the revenue.] " Mr. B. said he would answer the gentleman by telling him an anecdote. It was the story of a drummer taken pri.soner in the low coun- tries by the videttes of Marshal Saxc, under circumstances which deprived him of the pro- tection of the laws of war. About to be six the poor dnuniner plead in bis defence that 1 was a non-c(>nd)atanf ; ho did not flghl and k people ; he diii nothing, ho said, lint beat I drum in the rear of tlie line, lint he was a swered, so nnich the worse ; that he maile oth jieople fight, and kill one another, by drivii them on w ith that drum of his in the rear ( the lino ; and so he should sutler for it. M U. ho|)ed that the story would be understdci and that it woulil be received by tlie gentlemi as an answer to his (piestion ; as neither in k politics, nor war, was there any ditl'erencc h tween what a man did by himself, and did I another. Be that as it nuiy. said Mr. H., tl strangeness of the scene in which we are no engaged remains the same. Last year it wns baid^rupt treasury. an
  • admitted into the I'ninn State government and constitution n imi flr-t fonned. It is not necessary for the pomr Congresf!, and I doubt whether t^)ngre^H j such i)0wer, to prescrilK; the iixnle by wiiich I people shall form a State constitution ; and, i this plain reason, that Congress would lie c tiivly incompetent to the exercise of nny oicrri |K)wer to carry into etlect the mode they mi; prescribe. I cannot, therefore, vote tt;:ain.st i admission of Arkansas into the Union, on i ground that there was no pivvioiis act i)f (' grass to authorize the holding of hereon vonti As a member of Congress, I will not look {'ond the constitution that has heen puMiit have no right to presume it was formed liy competent persons, or that it does not fully ^ press the opinions and wishes of the |ieo[il that country. It is true that the United Sta shall K /..iranteo to every State in tliernio republican form of government : meaning, in judgment, that Congress shall not |»erniit ; power to establish, in any State, a govemnn without the ossent of the people of sue'i Sta and it will not be amiss that we reiiieinlKT In also, that that guaranty is to the State, and as to the formation of the government liy people of the State; but should it he ailmit tluit Congress con look into tl." con.stitiit of u State, in onler to ascertain its ehaiac l)efore such State is admitted into the IJii yet I contend that Congress cannot object t( for the want of a republican form, if it eonta the great principle that all power is iidieniit the jieople, and that the government drew all just powers from the governed. "The people of the territory of Arl^-m having formed for themselves u State govt ment, having presentcil their constitution admission into the Union, and that coniititui ANNO 183«. ANDUKW JACKSON, IMIRSIDENT. 631 ,1 " ntitW then t.. a ii-priHrnU. ar" not Um^d to wa.l th. ac- H in the tlFKt instunco, vxnyi compa.t or «pi'i.n»;nt re.i.nn,.« , iTla^e thU ri«Ut ni...n U.e ■n«i.U.r, in.liHl.ula1.;e ur.»un.l I hat rwit.inthojuriH.l.ct.onofthc afe onf.tlcl to cq««» rriv.h>TSi te inMtor of high gn» -tkn urn t in every portion, even the n.o^t 'itry.Vur IKople .^rc an^^^^^^^^ I ; ,u tuiviU'ire at as early a dn) ll^ ;S£ciea'rpnK,rthat^ rtociVresstoaan/anowSt;^^^^^ ion i^ in the chamet^r. ..t . V r^rtion of '"T '•iti*^'"^*. '"^;«»">"V ♦irSrUory of the Vuite. StnUs, to li Sn t\ea into the Inu-n. a ,lnJ and constitution n.uHttuMt. U not necessary for the pow.nf „al d»"!;^^.X Hlehvrvl.uhtk. KaStatec..«stitMt.ou;m.,l,fur lorm tt ' Concresa would ho hi- """f ".?.' to Jhe e^rcise of any coniv. ^ I cannot, therefon;, vole a^au.M .. ,fSanUsintotheln,uno.. V \\ _« «-na no DR'Vious net ol i '« Ursonsortl^at't^i^ ^,^^^^, ;^^^ rTi. trt 'mi tl- y-]}^'\:^^^- r» tnoverv state in thulinona l"^*^ rrvSment: n.eanin);. in my tlmt tonprt^s „ovmiiueiit B assent of t»\\ PJ^f^ ,,„u.r l.ci., not be "^'"'^^^^fji,. 'state, mul m. . ■ 1 fLot nil Dower IS uihercnl n bcinit republican in its form, and believing that the |M.>oplu who pi-e|Mkred and Ki>nt tliis coiiHtilu- tion here are sutlleieiitly nunierouH to viititle thoni to a repi-esentativo in Con^rresH, mid hi>- iiuving, alHo, tliat ConpresH hoN no riglit or ptuver ti) reKuiatu the syHteiii of police tiiese |K'(jp!c have e.«tal)liMh«>d for theinsclve'', and tiie or- dinance of 1787 not opi-rutinK on them, nor have they entered into any a^ixenient witli the United StiiteH that ulavery should not be adniit- ti'd in their State, have tlie right to chooso this lot for tlieinsclves, though I regret that they made this choice. Yet, tjelieving that this gov- ernment has no right to interfere with the ques- tion of «lavery in any of the States, or prcscriln' what shall or shall not bu cousiderud pro|M>rty in liie ditlerent States, or by what tenure pro- perty of any kind shall Ix^ holden, but that all these are exclusively questions of State policy, I cannot, as n member of this body, n*fu80 my vote to admit this Slate into the Union, because Ikt constitution rccognizcH tho right and exist- ence of slavery." Mr. Alexander Porter, of Louisiana, would vote against the admission, on account of the '•revolutionary" proceedings of the people in the formation of their constitution, without a previous act of Congress. It is believed that Mr. Clay voted upon the same ground. There were hut six votes against the admission ; name- ly: Mr. (^Iny, Mr. Knight of Rhode Island, Mr. I'drter, .Mr. Prentiss, Mr. Robbins of Rhode Manil, and Mr. Swift It is believed that Mr. Uobbins and Mr. Knight voted on tho same pround with Mr. Clay and Mr. Porter. So, the bill was easily passed, ond tho two bills went topether to the House of Representatives, where they gave ri.«c to proceedings, the interest of which still survives, and a knowledge of which, therefore, becomes necessary. Tho two bills were made the special order for the same day, Wednesday, the 8th of June, Congress being to adjourn on the 4th of July ; and tho Michigan bill having priority on the calendar, as it had first passed the Senate, "^^r. Wise, of Virginia, on the announcement of tli. Michigan bill, from the chair, as tho business tioforo the House, moved to postpone its consid' ration until the ensuing Monday, in order to proceed with the Arkansas bill. Mr. Thomas, of Maryland, ob- jected to the motion, and said : '• He would call the attention of the House to the position of the two bills on the Speaker's table, and endeavor to show that this postpone- ment is entirely unnecessary. These bills are from the Senate. By the rules of this House, two, I may say thri'e, teeoiiie a law, so far as this lliiiiH(! is coiicirnct . Wo must first ordir I'lieh of thoe bills to 1m read a thinl time ; the next (lueHlion then w'!l be. whi ii shall tho bill bv read a third time 7 And the last ((uestion to be decided will lie, sliall the bill iitiss 1 Why, then, should Southorn iiii'ii now miiKi' un effort to give piX'cechnce to the bill for the admission of ArkaiLsas into the Union ? If they manifest dis- trust, must we not exju-ct that fi-ars will be enter- tained by Northern memliers, that univasonablo op])Osition will l)cmade to the admission of Michi- gan ? Let us proceed harmoniously, until wo find that our harmony must lie inlerrupted. We shall lose nothing by so doing. If a ma- jority of the House 1h> in favor of reading a third time the Michigan bill, they will order it to lie done. After tluit vote has W-en taken, wo can refuse to read the bill a third time, go into Committee of the Whole on the stale of tho Union, then consitler the Arkansas bill, report it to tho House, order it to Ik; read a third time, and in this order prociH'd to read them each a third time, if a majority of the House be in favor' Tthat pr(x:eeding. Let it not be said that Southern men may be taken by surprise, if the proceeding here respectfully recommended lie adopted. If the friends of Arkansas are suflicieiitly numer- ous to carry now the motion to jiostpoiie. they can arrest at any time the action of the House on the .Michigan bill, until clear uiidubitable in- dications have been given that the AMissouri compromise is not to be disregarded." The.se latter words of Mr. Thomas revealed the jMjint of jealousy between some Southern and Northern members, and brought the observ- ance of the Missouri compromise fully into view, as a question to be tried. Mr. Wise, after some remarks, modified his motion by moving to re- fer both bills to the Committee of the Whole f Arkansas, upon the uronnd of nejrro .-lavery, he wished inmi'diate notice of it. If histMufidence WHS misplaccil, he ^^islu■d to be corrected as soon and as ct'rtainlj' ar- jH)ssible. If then' ivally was any intention 'n the House of putting the South under any dillicnlty, restniint, limit, anj- shackle t)r end)!UT.issment on the South on account of nepro sli,i'ery (some frintlenien said slaveiy, but he said //li/./ slavery), lie wi.shed to know it. If tiiere were any individua' ■ having such feeling, he wished to know them ; he wished to hear their names upon yeas and nays. If tlsere were a majority he shoultl act promptly, decisively, innncdiau'ly tipon it. and had no doubt all tlie S(»''th would do the same. There might be some question as to tlie claim of non-slavehold- ing Slates to stop the jirogivss of Southern habits and Soutlieni influence \orthwaid. As to Arkansa.s, there could be no (piestion ; and if seriously pre.s.sed, such claims could leave no doubt on tile minds of the South as to the object ofti'.osewho pressed them, or the course to be piiisued by them. Such a stand being taken by tlie non-sliiveholdiiig Slates, it wouhlmake liti'v diilen-nci^ wlielher Michigan was in or cat of this Union. He said he would sit dowii, again assuring the House, and the gentlemen particu- larly from the nou-.-:taveholding State. , of his entire contidencc that no such thing v ould be seriously attempted by any considerable uum- bere of this House ' th(! ailmission of Arkansas, wc may be th^. .. ak party in this House. For that reason, if genti men mean to offer no obstructions to the admissii of Arkansas, let them give the aB.Mirancc by hel ing the weaker party through with the weak (piestion. Wc of the South cannot, and will 'if as I pledge myself, oiler any objections tr tl domestic institutions of Michigan with r^ga to slavery. Oan any gentleman make tl same pledge that no such proposition sh-iil cor from the North ? Besides, the two billis are n now on an equal footing. The bill for the a mission of Arkansas must be sent to a Conimi tee of the Whole on the state of the Union. Tl bill for the lulmission of Michigan need not n cessarily go to that ctinimittee. It will therefo pass in perfect safety, while we shall be left get Arkansas along, through the tedious stag of comuiitinent, as well as wc can. The gentI man from Pennsylvania [Mr. Sutherlaml] sa; that these two bills will be hostages for tl safety of each other. Not, sir, if you pass tl stronger bill in advance of the weaker. Beside the North want no hostages on this subjec Their institutions cannot be attacked. We ( the South want a hostage, to protect us on delicate question ; and the effect of giving pr cedeiice to the Michigan bill is to deprive us ( that hostage." Mr. Gushing, of Massachusetts, addressed tl committee at length on the subject, of wliit only the leading passages can be given. He sale " Tho House has ii:>w continued in session fi the spjicc of eighteen or nineteen hours, wiilidi any interval of ivfie.shment or rest. It is impo sib!f to mistake ihe intentions of the ruling m joi'ity. I see dearly that the committee is i solv( il to sit out the debate on these importai bills for the admi.ssion of Michigan and Ai kans; into the Union. This, it is apparent, the m jority have the power as well as the right to d Wlu ther it be just and reasonable, is aiiotli question. I shall not quanel, however, \\\ the avowed will of the House. It has done i the favor to hear me \\ ith patience on otlier o Mr. Lewis, of i^oith Carolina, ook decided ground in favor of giving tho Arkansas bill the I casions ; and I (annot render it the unlit ivtii priority of decision; and exprc.s.sed him.self thus: "lie should vote for tho proposition of tho gentleman from Virginia [Mr. Wise] to lay the bill for the admission of Mich iga' unto the Union iiga-i on the table, until the bill for the admission of Arkansas should l)c first |)as.sed. He should do this, for tho obvious reason that there were dangers, ho would not .say how great, which beset Arkansas, and which did not beset Michi- gan. Tho question of slavery could be moved 08 a condition for the admission of Arkansas, and it could not a.s a conditiim to the ae to address the toniiiiitt impel me to bn. l.y ami succinctness; but tl would adord me no justification for a piu-si acfpiiescence in the admission of Arkansas ii the Union, with all the bios of its coustituti upon its head. AXN'O 1836. ANDREW JACKSON, TRESIDENT. 633 \ikiu)sa8,wcmayl.eth... akc» L K«.rthatrenson,ifpci.tlc- noobstructurtisto the ndmiFsion them cive tho asMirancc by help- X tl'rough with the ^y^Dak.^ f the South cannot, and w.ll '.ot, «.lf, oiler any objections tf the .tions of Michigan with regard n any gentlen.aP make the tnoBGchprop<.Mtionsr..lcomc 5 Bemdc8,thetwobai«arenot a footinp. The bill for t1.c ad- „s,u.mii^stbesenttoa'.onim.t- " on the state of the Union Ihe lussion of Micliigan need not nc- hat committee. HwiU therefore safety, while we shal be left to alonp,throuph the tedious stapes t as well a« wc can. The peiitle- '„; 1 i ia fMr. Sutherland] ..ys ^ bills wiir be hostapes for he other. N^^'^-'VrCJe' n advance of the weaker. Besido. In no hostapes on this sid.jm ions cannot be attacked >\eof tahostape,torr"tcctuson« Sn-, andtheeirectofg.yn.pvn- rMichib'anbilUstodei.nvcusof np of ^klasBachusetts, 3ddresscionofMu-l"ft'""^"asonabU-. is another , shin not (luanel, howeviT, with kviof the House. U has done me h vr mo with imtiei.cc 01. other oc- Uu not mider it the uuf.t return Vonitsindulpenceatlhisuu>ea>..^ Lur seek to defeat its furi-oMS h lin.t time. Ih.t havinp feen char^- ndry memorials from e.tr/.ens of 't"a?idNewUami.shir.-,renu..istrat- h"t clause in the const.tmiou of lEi rites to the subject of shivery, '™nt to the trust they have re- ' in uttered the bill for the am,. n-astoimsswithoutawordofpro- ' m^ extraordinary eucums mj > ,,' -;.c to address the com m hi ..V and succinctness; Imt the) d me 1 o <.slincation for a V^^^ Prir«dlmissionofArkan«^ [with all the Bias of its con.titutiou id. « The constitution of Arkansa-s, as communi- cated to Conprcss in the memorial of the people of that Territory, praying to be admitted into the Union, contjiins the fidio wing clause: 'The General Assembly shall have no power to pass laws for the emancipation of slaves without the consent of the owners. They shall have no tower to prevent emigrants to this State from ringing with tliem such persons as are deemed glares by the laws of any one of the United States.' This provision of the constitution of Arkansas is condemned by those whom I rc- pn'seiit on this occasiori as anti-republican, as wrong on general principles of civil polity, and as unjust to the inhabitants of the non-slave- holding States. They object to it as hemp, in cirect, a provision to render slavery periK'tual in the new State of Arkansas. 1 concur in repro- liating such a clause. The legislature of Ar- kansas is forbidden to emancipate the slaves with- in its jurisdiction, even though it .should be ready to indemnify fully their owners. It is forbidden to exclude slaves from being imported into the ,Sti te. I cannot, by any vote of mine, ratify or i^'Ction a constitution of government which undertakes in this way to foreclose in a\ as f(dlow8 : 'The State of Arkansas is ad- mitted into the Union upon the express condition thit the jjcople of the said State shall never inter- fiiv H itii tlie primary disposal of the public lands » thin the said State, nor shall they levy a tax (11 any of the lands of the I'niteil States within the 8aid State ; and nothing in this act shall be nstrued as an assent by Congress [to the arti- c!' in the constitution of the said State relating 111 lilavery and to the cmancipati nx of the slaves, nr] to all or to any of the propositions contained in ih or iiiancc of the said convention of the people if Arkansas, nor to tleprive the said State of Arkansas of the same grants, subject to the same restrictions, which were made to the State of Missouri.' This amendment is, according to my jiiilpnent, reasonable and proper in itself, and 1 (he very least that any member fr )ni the North an propose in vindication of the opinions and Ifnnciples of himself anil hi.s constituents. ■It is (ipjMjsed, however, by the gentleman Ifnni Virginia f .Mr. Wi.se], with his accustomed hifir ami ability. lie alleges considerations jiiivcrse to the motion. lie interrogates the [(riuids of the proposed amendment in regard to ji!' firce, ellect, and purposes, in terms which Iktm to challenge response ; or which, at any Imo. if not distinctly and promptly met, wmild iJMve the oiijections which those intern ipitories limpliedly convey, to be taken aa confesseil and admitted by our significant silence. What may be the opinions of Martin Van Uuren as to this particular bill, what his conduct formerly in re- ference to a similar case, is a point concerning which r can have no ccmtroversy with the gen- tleman from Virginia. I look only to the merits of the qusetion before the committee. There is involved in it a principle which I reganl as im- measurably more important than the opinion of any individual in this nation, however high his present situation or his possible destiny — the great principle of constitutitmal freedom. The gentleman from Virginia, who, I cheerfully admit, is always frank and honorable in his course upon this floor, has just declared that, as a Southern man. he iiad felt it to be his duty to come forward and take a stand in behalf of an institutit>n of the South. That institution is slavery. In like manner, I feel it to bo my duty, as a Northern man, to take a counter stand in conservaticm of one among the dearest of the institutions of the North. This institu- ti(m is liberty. It is not to assail slavery, but to defend liberty, that I speak. It is demanded of us, Do you seek to imjiosc n'strictions on Arkansas, in vi im- pose ii'stiictioiis alftcting slave property on (he ' oiic hand, they might 1k' impellec', on the other hand, to introduce slavery into the heart of the North. I heard the suggestion witli the feel- iufis natural to one b< m and bred in a laud of I eijuality and freedom. I look oc<"asion to pro- ' test, in the surprised imjnilse of the monieiit, j against (he idea of putting restrictions on lilu rty in one quarter of the Inion, in retali.ition of (lie atteiu|)( to limit the spread of slavery in an- other (luarter. I held up to view (lie incon- sistency and iuconserpetuation of slavery in a projiosed new State of the West. It did not fall within the rules of |)ertinent debate to pursue the subject at that time; and I have but a sinjjle iilea to present now, in ad- dition to wliat I then observed. It is not pos- sible fvT me to judge whether the gentleman from Virginia, and any of his friends or fellow- citizons at the South. (lelilx>rately and soberly cherish the extraordinary purpose whicli his language implied. I trust it was liut a hasty thought, struck out in the ardor of debate. To introduce slavery into the heart of the North ? Vain idea ! Invasion, jH-'stilence, civil war, may conspire to exterminate the eight millions of free spirits who now dwell there. This, in the long lapse of ages incalculable, is possible to happen. Yon may raze to the earth the thronged cities, the industrious villages, the peaceful hamlets of the North. You may lay waste its fertile valleys and verdant liill-sides. You may plant its very soil with salt, and con- sign it to everlasting desolation. You may tnmsform its beautiful fields into a desert as bare as the blank liice of the sands of Sahara. You may reach the realization of the infernal boast with wliich Attila the IIiui niarched his barbaric hosts into Italy, d« molishing whatever there is of civilization or i)rospirity in the happy dwellings of tlie North, and reducing their very substance to powder, so that a sfpuul- ron of cavalry shall gallop over the site ol' jiopu- lous cities, uniin|>eded as the wild Fteeds on the eavamius of the West. All this you may do: it is within the bounds of physical possibility. But I solemnly assure every gentleman within the soiuxl of my voice, I proclaim to the coiuitry and to the world, that, until all this be fully accomi)lished to the uttermost extremity of the letter, you caimot, you shall not, introduce slavery into the heart of the North." A point of order being raised whether the two bills were not iwjuired by a rule of the House to go before the Committee of the Whole, the Speaker, Mr. Polk, decided in tlie affirma- tive — the Arkansas bill, upon the ground of containing an appropriation for the salary of judges ; and that of Michigan because it provided for judges, which involved a necessity lor an appropriation. Ihe two bills then went into Connniltee of the Wliole, jMr. Speight, of North Carolina, in the chair. Many metnber-s spoke, and much of the speaking related to the boun- daries of Michigan, and especially the line be- twcen herself and the State of Ohio — to which no surviving interest aitaches. The debal", therefore, will only be jiur.-ued as it presents points of present and future interest. Thche may bo assumed under three heads: 1, formation of constitutions without the prcv assent of Congress : and this was applicab both States. 2. The right of aliens to v(it( fore naturalization. .'I. The right of Arka to be admitted with slavery by virtue of rights of a State, — by virtue of the third ar of the treaty which ceded liOuisiana to United States — and by virtue of tlic Miss compromise. On these points, Mr. Ilainc Ohio, spoke thus : " One of the principal objections urged ap their admission at this time is, that tluir ceedings have l)een lawless and revolution! and that, for the example's sake, if for no o reason, we should reject their application, force them to go back and do all their w over again. I cannot assent to this proposii Two ways are open to every territory tliat sires to emerge from its (fcpendent condi and become a State. 1 1 may either jx'tition ( grcss for leave to form a State constitutii)n. when that iwrmission is given, proceed lo ( it, and present the new State constitution our approbaticm ; or they may meet, in iIk; instance, form the constitution, and oIHt ii our approval. There is no impropriety in ci mode. It is optional with Congress, at I:i8i admit the State or not, as may be ihoiigliti': dient. If they wish to a''ji„ .f fheir .•onstituti.u ill ml a\ time in the Iful in it- Lo Tcrri [r thev petilione.. - '' uiilitwasn-lVisiAortlKU tlie »m' luitliin); Voviugof their const.u ' This latter our.-e i^ :. ..reseutca^e. Theu; is it. Indeed, there is i torv ^.'i.its prooechni:. N«ir ...tili.med for leavo tofonni iililiii- AVi'arii'd«i'li Vio'Vted with iie;:lect. of this treatment, th.y fovo on .s instances oi ""'; J ;",;^" it t.. lis, M'I :onsiiv»"""i "•- - , ., iiviivisiou'il is entitled to vote in the election of delegates to the convention; and nflerwanls in deciding whether the people will accept the con.stitntion fiiniKHl hy their convention. Such has lieen tlic constniction and practice in all the country ninth of the Ohio ; ami as the hist census shows tliiit there are hut a few hundreds of aliens in Michigan, it would be hard to ) '«t a,si(le tiieir ciiiistitution, liecause sonic of these may have |iarticipated in its fonnation. It would be un- just to longs to the federal government. We pass nil the na- turalization laws, by which aliens are tran.s- friiud into citizens. We do so under the con- stitution of the United States, 'oncediiig to us this authority. Ihit, on the other hand, we have C'l control over the right of suffrage in the dif- (trent States. That Wlongs exclusively to .Mite legislation and State a''th<;r'ty. It varies ia almost all the States ; and yet who ever siip- |>ml that Congress c( uld iuteifeie to change ;lie rules adopted by th? people in ivgard to it? No one, I presume. Wi;y then attempt to con- i;>i it heiv ? Other States have adopted tlie mn i>rovisions. Look at the constitutions of (ihio and other new States, and you will And tiiat they re(iuire residence only, and not citi- uiiship, to enable a man to vote. E.ich State tan tonfer this right upon all persons within iierhmits. It gives them no rights beyond the kits of the State. It cannot lualvu them citi- zens, for that would violate the naturalization laws ; or, rather, it would remler them nugutory. It cannot give them a right to vote in any other State, for that would infringe niion the author- ity of such State to regulate its own utfaiiB. It simply confers the right of aiding in the choice of public officers whilst the alien reninins in the State ; it does not make him a citizen ; nor is it of the slightest advantage to him be- yond the boundaries of Michigan." Mr. Ilamcr concluded his remarks with a feeling allusion to the distractions which had prevailed during the Missouri controversy, a con- gratulation upon their disap|)earance under the Missouri compromise, and an earnest exhortation to hnrmonj- and the preservation of good feeling in the speedy admission of the two States ; and said: "We can put an end to a most distracting contest, that has agitated our country fi-om Maine to (Jeorgia, and from the Atlantic to the most remote settlement u|»on the frontier. There was a time when the most painful nn.\iety per- vaded the whole naticm ; and whilst each one waited with feverish impatience for further in- telligence from the disputed territory, he trem- bled lest the ensuing mail should bear the dis- astrous tidings of a civil strife in which brother had fallen by the haiul of brother, and the soil of freedom had been stained by the bhod of her own scms. But the storm has p;is.scd. The usual good fortune of the Amei lean jieople lias prevailed. The lansition on the slaver}' question, so much misunderstood at the time on itccount of his tenacious adher- ence to the ri)i;ht of petition. He said : "I rann«)t, consistently with my sense of my obli^rations as a citizen of the United States, and bound by oath to support their constitution, I cannot object to the admission of Arkansas into the Union as a slave State ; T cannot pro- pose or apri'e to make it a condition of licr ad- mission, that a convention of her people sha'.l expunge tliis article from her C(mstitution. She is entitled to admission as a slave State, as Lou- isiana and Mississippi, and Alabanui, and Mis- souri, have Iwen admitted, l)y virtue of that article in the treaty for the acquisition of Louis- iana, which secures to the inhabitants of the ceded territories all "'le rights, privileges, and immunities, of tl:e .-^ inal citizens of the United States ; and stipidai.s for their admi.ssion, con- formably to that priiM'ipIe, into the Union. I^uisiana was purchased as a country wherein slavery was th« established law of the land. As Congress have not power in time of peace; to aliolish sluviry in tlie original States of the Union, they are eipially destitute of the |)ower in those parts of tlie territory cede.? by France t<» the United States by the name of Louisiana, where slavery exi-ted at the time of the acqui- Bitioii. Shuery is in this Union the subject of Internal legislation in the States, and in peaeen made and rejeetnl. committee had twice found itself witlio quorum, and had Ikm-'h then'bycoin|H'llcii (,] and ivport the fact to the House. In tin- instance there had lieen found within pr calling distance a suflicient numla-r ofiiicin who, though absent from their duty of mi ancc upon the H(>use, were upon tlie aln appear antl answer to their names to \n:{ quorum to vote against adjourning, and tlu ritire again to their amusement or ripd.-c. ( the first restoration of the «iiioriMii l.y operation, the delegate from Arkansas said if the committee would only take U|i and the bill, he would not urge any discii^sinii it then, and would consent to the eonuiiii rising, and ii-suming the subject at the iit ting of the House. The bill was aecdul ivad ; a motion was then made for the ron t(H> to rise, and rejected ; an amendiiicnt bill was moved, on taking the (|iu's(iiiii which there was no (|Uorum. Tiie umi; pedient of private call to straggling iiuiiiIh found inellectnal. A call of the House dered, at oiu o'clock in the inorniii); openition, to l>i< carried through all its must neces8,uily consume about tlirw liuii time, during which the House can du ii< business. I'pon this call, after the umnvr the members had been twice caik'd nvir. the absentees for whom any valid or |il:i excuse was olleied ha*l been exciiMd, tin mained eighty-one names of nienilters, w the rules of the House, were to he taki custody as they should apjtear, or were sent for, and taken into cir^tody wheievi might be founil, by s|)ecial messengers a|i| for that purpose. At this hou.- of the ni; city of Washingtcui was ransacked liv s[)ecial messengers, ami the ineiiilKr> ( Ilouse were summoned from their laii> brought in custchiy of these 8|>ecial iiieiise before the House, to answer lur their uL w; ANNO 1830. ANDREW JACKSON. PRRSIDENT. 637 ,t thcconuuittec rose and ri'imrted to the House. Of t».e iir.luou«mss , whicli bej,'an at ten in the nwrn- luv anN .m Imd Vmcu fo..n.l w.th.n pruM. '!^V^rtrtirh;;;'ri;;i d answer to their names t.. nak. . ovoVU"stadjournmp,«n.lihj.u,,, SA* tht^ranu.si.mentu.-rq.oH. I -i. ^"Sorition of the .luorum l.y ,;. /tll>rK-iratefiH.m Arkansas sua th. *ttee\N'^»uld only take n,.uuan:.a 11 «ni nnre anv discussion uih,:i 'llilCSd clSt to the coniiiiiuc, > Vsinpthesubj^^^^ 1 o i" • The hill was am>.^iu.•;lv f ' 1 on takini; the •lucstmu «l»m Ki^ew. "f'i'; o'clock in the .n-;^"'"?- ';: . to iK' cjirried through all its >t.i-iN b.iivUy^onsuniealKmtthR-lmurot Vtt^hinuton WHS ™"^"'''\" '• „, ,i UH-sseuncrs, '"" " , ,,,,)> to he House, to answer tor tUtir After hearing the e.\cu8es of two of tjiesc niem- Itt-rs, and the acknowledged no pood reason of i third, they were all excused in a niass, without pjyment of fees ; which fees, to the amount of two or three hundred dollars, have of course Ufrtine a charge upon the people, and to be paid with their money. By this operation, l>etween fiiiir aud five o'clock of the morning, a small quorum of the House was obtained, and, without anv vote of the House, the s])eaker left the c'liair, which was resumed by the chairman of the Comiuittec of the Whole." Mr. Adi.Tis resumed his scat, and Mr. Wise ailJa'ssed the committee, particularly in reply to Ml". Cusliing. Confusion, noise and disorder became great in the Hall. Several members spoke ; and cries of " onler," and " question " were frequent. Personal reflections passeou the State. It leaves the State, like all the nst, to regulate the subject of slavery within hirseir by her own laws." The motion of Mr. Adams was rejected, only thirty-two members rotin^' for it; being not one tliinl of the mem- Wrsfroin the non-slaveholding States. The vote was taken on the Michigan bill first, indvras ordered to a third reading by a vote of 153 to 45. The nays were : "Messrs. John Quincy Adams, Heman Allen, Jercmifth Bailey, John Bell, (Jeorge N. JJriggs, William B. Calhoun, George ChamlK-rs, John ChamlKTs, Timothy Childs, William Clark, Hwico Everett, W^illiani J. Graves. (Jeorge Irmncll, jr., John K. Griffin, Hiland Hall. Gkicon llaril, Benjamin Hardin, James Harper, .ter llazeltine, Sanuiel Hoar, Joseph R. In- ptwdl, Daniel Jenifer, Abbott Lawrence, Levi I liiKoln, Thomas C. Love, Samson Mason, Jona- (ilun McOarty, Thomas M. T. McKennan, |l\irk'8 K. Mercer, Joint J. Milligan, Mathiaa jJlorris, Jaincs Parker, James A. Pearoe, Ste- fVn C. IMiilliits, David Polts, jr., John Keed, JlmUolierlson, D.ivitI Hussell. William Slaile, Mn N. Steele. John Taliaferro. Joseph R. llndorwood, Ijewis Williams, Sheri"od Williams, [litDry A. VVise. It is remarkable that this list of nays begins with Mr. Adams, and ends with Mr. Wise — a proof that all the negative votes, were not given upon the same reasons. The vote was immediately after taken on ordering to a third reading the bill for the ad- mission of the State of Arkansas ; which wad so ordered by a vote of 1 43 to 50. The nays were : " Messrs. John Quincy Adams, Heman Allen, Joseph B. Anthony. Jeremiah Bailey, AVilliam K. Bond, Nathaniel B. Burden, George N. Brigg.s, William B. Calhoun, Timothy Childs, William Clark. Joseph H. Crane, Caleb dishing, Edwnnl Darlington, Harnier Denny, George Evans, Horace Everett, Philo C. Fuller, George Gren- nell, jr., Hiland Hall. Gideon Hard, James Harper, Abner Hazeltine, Joseph Henderson, William Hiester. Samuel Hoar, William Jackson, Henry F. Janes, Benjamin Jones, John Laporte, Ab- bott Lawrence, (Jeorge W. Lay, Levi Lincoln, Thomas C. Love, Samson Mason, Jonathan McCarthy, Thomas M. T. McKeiuian, Mathias Morri.s. James Parker, Dutee J. Pearce, Stephen C. Philli])8, David Potts, jr.. John Heed, David Hussell, William N. Shinn, William Slade. John Thom.son, Josejjh H. Underwood, Samuel F. Vinton, Elisha Whittlesey, Lewis Williams." Here again the beginning and the ending of the list of voters is remarkable, beginning again with Mr. Adams, and tenninating with Mr. Ijcwts Williams, of North Carolina — two gen- tlemen wide apart in their political r ourses. and certainly voting on this occasion on dilleivnt principles. From the meagreness of these m^'ative votes, it is evident that the struggle was, not to ]>a.s8 the two bills, but to bring them to a vote. This was the secn-t of the arduous session of twenty- five hours in the Hou.se. Besides lie public objections which clogged their s lission — boundaries in one, slavery in the ler, alien voting, and (what was deeme«l by s( ■), revolu- tionary conduct in both in holdin iivontions without authority of Congress; lx-> ^ -thesepub- lic reasons, there was another v- • operating silently, and which went more t ' c jiostpone- ment than to the reject iim of : ' tales. This cause was political and i)artisi\ and grew out of the impending presidential eh-ction, to bo held Iwfore Congress should nuel ngain. i^fr. Van Buren was the democratic cim 1 date ; (!ene- ral Williani Henry Harri.son was tlie nindidato of the opposition; and Mr. Hugh L, White, of Tcnne8.see, was brought forward b" a fraction which divided from the democrat ii i cty. The nev; States, it was known, would vote, if now 638 THIRTY YEARS' VIEW. adniittutl, fi»r Mr. Van Burcn ; nnd this furnished a reason to tlic friends of the other candidates (even tliosc friendly to eventual admission, and on whicli some of them were believed to net), to wish to stnvc off the admission to the ensuing session. — The actual negative vote to the ad- mission of each State, was not only small, but nearly the same in number, and mixed both as to political parties and sectional localities ; so as to exclude the irica of any regular or consi- derable opposition to Arkansas as a slave State. The vote which would come nearest to referring itself to that cause was the one on Mr. Adams' proposed amendment to the State constitution ; and there the whole vote amounted only to 32 ; and of the sentiments of the greater part of these, including Mr. Adams himself, the speech of that gentleman must be considered the au- thentic exponent; and will refer their opposition, not to any objection to the admission of the State as slave-holding, but to an tmwillingncss to appear upon the ix*cord as assenting to a con- stitution which forbid emancipation, and nade slavery periH;tual. The number actually vo, ing to reject the State, and keep her out of the Union, because she admitted slavery, nnist have been quite small — not more in proportion, pro- baiily, than what it was in the Senate. Cn AFTER XXXIX. ATTEMPTED INQUIRY INTO THE MILITARr ACADEMY. This institution, soon after its organization under the act of 1812, began to attract public attention, a.s an establishment luifiiendly to the rights of the people, of questionable constitu- tionality, as being for the benefit of the rich and influential ; and as costing an enormous sum for each officer obtained from it fur actual service. Movements against it were soon commenced in Congress, and for .some years perscviiiugly con- tinued, principally under the lead of Mi . Xewtoii Cannon, and Mr. Ji hii Cooke, representatives j from the State of Tennessee. Their speeches I and statements made considerable impression I n|>«mti\e public minii, but very little upon Con- gress, where no amelioration of any kind could be obtained, either iu the organization of the in-^ stitution, or in the practical administrt which had grown up under it. In the set of 1834 — '3r) these efforts were renewed, cli induced by Mr. Allnirt Gallatin Ilawes, re sentativc from Kentucky, who moved for attained the appointment of a committet twenty-four, one from each State ; which r a report, for which no consideration coui( procured — not even the printing of the rei Baffled in their attempts to get at their objc the usual forms of legislation, the members op ed to the institution resorted to the extraordii mode of attacking its existence in an appioi tion bill: that is to say, resisting ap|iro|iriiit for its support — a mode of proceeding cntj hopeless of success, but justifiable, as t believed, under the circumstances ; and at events as giving them an opportunity to their objections before the public. It was at the session of 1835-'30, that form of opposition took its most deteniii course ; and some brief notices of wliat was : then may still be of service in awakening' a s| of inquiry in the country, and promoting m tigations which have .so long been riinu'- and denied. But it was not until afier aimt attempt had failed to do any thing tiiroii;: committee at this session also, that the uitiii resource of an attack upon the approinaiidii the support of the institution was risortei Early in the session Mr. Ilawes ofi'end tliis solution : " That a .«elect conimittee of Dim appointed to inquire into what auRiKliiiLiit any, are expedient to be made to tiio la\\> lating to the military Academy at West IN in the State of New- York; and al(.o into the pediency of modifying tiie organization of institution ; and also whether it wocld not ( |X)rt with the puidic interest to aboli.-h same: with power in the eonuiiittw to l)y bill or otherwise." Mr. Ilawes, in siiji of his motion reminded the IIoiisu of llie pointnient of the connnittee of the last sci^ of its report, and his inability to obtain w upon it, or to procure an order for it.s i>riii The resohition which he now subniittod vi but in one particular from that wiiicli lie offered the year before, and that was iu tin duced number of tiie committee asked Twenty-four was a larger imniber tlian be induced to enter into any extended or pa investigation ; and he now proposed a com ANNO 1836. ANDHEW JACKSON. PRESIDKNT. 639 in the practical administration rt-n up under it. In tlie Bossion icsc efforts were renewed, diitfly AllKsrt Gallatin llawcs, rcpie- Kcntucky, who moved for, and mpointment of a committee of ,ne from each State; whicii raado which no consideration could 1« t even the printing of the report. ir attempts to get at their oVycct in nsofleKi8lation,themembers(.ppo.. tution resorted to the extraordinary ,|.-,„g its existence in nn iippvopriii- ttt is to say, resisting approi.rialions ,ri_n mode of proceeding entudy success, hut justifiable, as they ,lcr the circumstances; and ai all •iving them an opportunity to get ions'l.efore the public. Ithe session of 1835-'3r., that tins position took its most .letemnK.! ,\ some brief notices of whut was Kiul till be of service in awakening a ^mi 'in the country, and promoting mu.. ,-hich have so long been rc.iuc.ud 1 But it was not until after anoikr Ud failed to do any thing llmm,h a this session also, that the ultunatc fan attack up.u ' .cure an order for it« pnnU..^.| now submitlid vai hd :j;:;rl,ef.re,andthatwasiutl>er^ L„ ber of the committee asked foj tr was a larger number t an nj ,1 to enter into any extended or patua In; and he now proposed a CO... kr to nroi.- , , tec of nine only. Ilis resolution wa.s only one of inquiry, to obtain a report for the infor- mation of the people, and the action of the lloiist — a species of resolution usually granted as a matter of course ; and he hoj)ed there would be no objection to his motion. Mr. Wardwell, of Xew-York, objected to the appointment of J select committee, and tlioiight the inquiry oufht to go to tlic standing committee on mili- tary affairs. Mr. F. 0. J. Smith, of Maine, wished to hear some reason assigned for this motion. It seemed to him that a special com- mittee ought to l»c raised ; but if the friends of the institution were fearfid of a select conniit- tiH.', and would assign that fear as a motive for f^■fen•ing the standing connnittee, ho would withdraw his objection. Mr. Uriggs, of Mnssa- chusetts, believed the sidyect was already rc- firred to the military connnittec in the general nfcrence to that committee of all that related in the President's message to this Academy ; jiiJ fo believing, he made it a point of order for tlu' Speaker to decide, whether the motion of Mr. Ilawes could be entertained. The S- tker, Mr. Polk, said that the motion was one .; in- i]iiiry ; and he considered the reference of the resident's message a.s not applying to the case. Mr. Ilriggs adhered to his belief that the subject (:ij:ht to go to a standing committee. The com- mittee had made an elaborate report at the l«Kt kssiou, which was now on the files of the House ; ir.'l if gentlemen wished infoi-mation fi'om it, tiey could order it to be printed. Mr. Jolm iRcynoUls, f Illinois, .'^aid it was astonishing tbt members of tliis IIou««e, friends of this in- itiitition, were so strenuous in their opjiosition I » investigation. If it was an ini«iitution founded Icji". proper basis, and conducted on proper anil Irtpuhlicau principles, they had nothing to fear [from investigation ; if otherwist; tlio i)e(>ple liad: I bJ the great dread of investigation portended iKincthing wrong. His constituonts were dis- jatijfHd with this Academy, and e.\|KH'te(I him [Hrqiresent tlieui fairly in doing his part to re- Ifcnn, or to abolish it; and he should not dis- liti/iint tliem. The member from Massarhusotts. iHr. Briggs, lie said, had endeavored to stifle llfc imiuiry, by making it a jjoini of ordei- to be liciJed by the Speaker ; which augured badly llir tie integrity of the institution. Failing Jitlat attempt to stifle inijuirj'. he had joined member from New-York, Mr. Wardwell, in the attempt to send it to a committee where no inquiry woidd be made, and in violation of parliamentary practice. He, Mr. Ueynolds, had great respect for the members of the military committee; but some of them, and perhaps all, had expressctl an opinion in favor of the institu- tion. Neither the chairman, nor any member of the committee had asked for this inquiry ; it was the law of parliament, and also of rea.son and common sense, that all inquiries should go to committees disposed to make them ; and it was without precedent or justification, and in- jurious to the fair conducting of business, to take an inquiry out of the hands of a memlHT that moves it, and is responsible for its adequate prosecution, and refer it to a committee that is against it, or indifferent to it. "When a member gets up, and moves an inquiry touching any branch of the public service, or the official con- duct of any oflBcer, he incurs a responsibility to the moral sense of the House and of the country. He assumes that there is something wrong — that he can find it out if he has a chance ; and he is entitled to a chamv, both for his own sake and the cowtry ; and not oidy to have his committee, bu ( • i " its chairman, and to have a majority of t!i- uienmers favorable to ' its (ibject. If it were otlu rwise inetnbors woidd have but poor encouragement to move in(piiries I for the public service. Cut off himself from the I performance of his work, an inilifierent or pre- judiced committee may neglect inquiry, or per- vert it into defence; and sulject tlie mover to the imputation of prefi rring false nnrt to la' printed, and let it (jo to the i>eoi)le, it would he a frre.it satisfaction. Mr. Wardwell said the last Conirress had refused to print the report; and asked why it was that these complaints a^'ainst the Academj' came from the West ? Was it hecuuse the W<".ierii engiiiu.rs .» anted the employment on the roads and llrilI^vs in place of the rej^ulnr ofHcers. Mr. Hainiepin, of Indiana, said In: was a ineniher ecau.«e two-thirds of the House ruild not lie frot to su.spend the rule, even f )r one hour, and that the morning hour. The friends of the Academy ; ■:llied, he said, to prevent the susp«n- sidu of till iule, and to prevent puhlicity to the report. Mr. Ilamcr, of Ohio. sai published. He U-lieved the jirinciph of tin. stitution was utterly inconsistent w'tli tlic pi ciple of all fitlier institutions ; but he wns for exterminating it. Reformation was lii^4 ject. It was the only avenue by which jteople of the country could approach t'lc (,(11 of the army — (he only gateway by whii), tj could be reached. The principle was wju and the practice bad. Wc saw ii.dividimlsc Mnually pressing the government for adiiiis. into this institution, to be educated profis^ti for the military service, but very fie(iuintlv, n too generally with the secret flesign in tli hearts to devote thi'inselves to the civil imr-u of society; and this was a fraud upon tli,. ., ernment. and a poor waj* for the future ollici r begin his educational life. When (he rr|;tttWi»hnu-nt tlmn thiy There were ulmses in thi. .n- ,,,.r.n th.it reiu.rt.<.fn.h«nK.t.r ;,j„a,hel.ve«umea,uHngW.d- ,„ floor when th.-y cnnoo 1. ,. Wliive.1 the princpV of tl.c ..,- ,U.,Hv •uu-onsi.teut wHh th. i-rin- •" .Ui.tions; h'.it he was not htr instiinno""? ,:„^, i. lUformiifum w«0>H „V . t\ie only UMntK ij country conMnwr-'^^--^^^'^"'^;'^ Xonly.utewuyhy.h...lnkv »um1 'r\»e F""''!'^'' ''■"' '"""' ;^;.W.l. >VcHawh..hvi.h..lsc,,n. hv. the P.vernment f..r u,hn,s-, n aUull.n.tolH.eaucuMrro-11 ^vHevviee, but very frenu...ly^jn;l ;^vUh the secret thee,v,lpr-.H| < ft fViV\l the rcNotution of inquiry, and »n|K>r relerenee. effectually u«ed to balk the friends of inquiry. rf'K' ^^''^ ''"'' tin. inv^;sti>rat,ion Wen re«i«t- "^ 1 , ^ , -t r *■''» Ih It not an innlitution whu'h has already It was after this si-eond failure to {,a't ut the ^i^si this country ii.or^ than thne niillionB of gulject repdarly through a romni'.lee, and a 1 dollars, for which you proiiose. in this very bill, published report, that the friends of inquiry '»» "I'l'i'l-'i'ition of inorc than one hundreil and resorted to the last alternative-thut of nn at- ' '!"''^>'. t'''"'^"";! "'"""'•S an.l which, at the sa.no . . tune, in tiie estnnatiou of ft lurjre portion of the tack upon the approjiriation. T he opportunity ^.111,,.,,^ „r this Inion. has tailed, eminently for this was not presented until near the eml of ] failed, to fiillil the ohjects for which it was es- ihc s«.sHion, when Mr. Franklin Pierce, of New i lablished. of siillirieiit iuterol anf these young I--- , 1 notsuch^v««thefact^vWui.v .d the rei)ort aright UprnvHll Icctedtmi I . ,^„„„,n^Hl, than l^^ « ^^,, ,,, to ;:KmJ ,Tennuneathcic,iov ,, „t two more out ot liM M' not two tr his memory ^^M red the army. ";'' . th • '- t the reiwrt would bIu.w i from that inslitntiouuitlHl: Isand dollars , i ^ j ijme thing has In-en flone during the present .e->i«n, again and again, but all efforts have jTiivcd alike unsuccessful! Still, 3011 do not i^ase to call for appropriations; youietpiire the topic's money for the supjH)it of the iiislitii- iioii, while you refu-e them the light nece. wary to enable them to judge of the propriety of vom annual requisitions. AVhether the amount mo. It ecmuuences thus: * 7'/ih architcdn (if ruin. — This name has hceii appropriately given to tho.sc who are leading on the ha.se, the igno- rant, and the unprincipled, in a remorseless war upon all the guards end defmces of society.' '• I introduce it here merely to show what are. in certain quarters, considered the guards ana defences of society. After various oompliments, proi)o.iifflcieiit to cover the current cxpen.ses of the mate results cannot be cinitemplated without institution, h a matter into which I will not at ] anxiety. If this spirit extends, who can check fri'^cnt inquire ; but I shall feel hound to oppose jit? '• Down with the IJaiik ;" •' down with the the bill in every stage of its progress. I cannot 1 Jlilitary Acadeiuv ;" " down with the Judici- vdte a single dcdlar until the resolution of in- ^ ary ;" " down witli the Senate ;" will be follow- wirv, presented by my friend from Keiilueky 1 eil by watchwords of a worse character.' Here, hMr. Hawes), at an early day in the session, , Mr, Chairman, you have the I nited States Bank 1 lie first taken up and disposed of. 1 am , first, ami then the ililitaiy Academy, as the Ijwari', sir, that it will he said, because I have , guards and defences of your country. U' it lie Ifeird the same declaration on a former oeca- 1 .-o, you are, inileed, feebly protected. One of jwn, that this is not the proper time to discuss [ these guards and defences is already tottering. ■architects of ruin' that have ake provision for cxiK'iises ahead}' incipied resolved its downlall / Aiv they the luuse, the If there be any truth iu ts the institution ;"-;;,,.,„,, ,,,t,a, and ought to t lends of thiAia -^ __, ,,^ ,,„ „„„t1 lia pjiit ; anil whatever opinions may be enter- luincil upon the neci'ssity of a reorganization, Ithe a|i|)roprialion must be made, 1 say to gen ignorant, and the unprincipletl ? No, sir. The most pure and patriotic |iortion of jonreom- luunily: the staid, inilustrious, intelligent far- ^^^^--r''l:l^ !'»• «"'^*^""'''.:;: "to be raised; b«t| ■select comnnttec to o itknuu who are opposed 10 the principle^ of the ; mcrs and meehaiiies, through a |iul)lic servant, iwitiition, and to those wholielieve tiiat aluises 1 who has met respoiisihililies and seconded their pi-t, which ought to he expo.-ed and coMected, , wishes, with eijuai intrepi'lity and success, in kU now is their only lime, and this the only 1 the canip and in the ciibinet. have accomplished fpporluuity, during the inesent ses>ion, to at- this great work, .Mr. Chairinaii, there is no Slintliiir iihjcct, and I trust they will steadily \ real danger to be appielieuded from this much- tKislthi'liili until its friends shall (ind it ueces- idixaded levelling priueiple. Vol. I.— 41 C42 TFIIUTV YRAllS' VIKW. Jl " Fnim tl)o miiidlinp intercut yon hftvo derived yonriiioHt nhlo ninl oHlciriit Hiip|M)it intlic most gloomy iiml tryiiij; {kthmIm of your history. Ami wlint fuivi' (hoy awkt'd in rcttirn 1 Xotliiii); l»iit tl«' coinnioii ndvniita^'os nnration, has shaken this Tnion to itH centre. That hn« had its origin in a dif- f-rent (juarter, Kustaineinder it, is stnmgly marked liy both these characteristics, is apparent at a single glanc<«. It is gratuitous, lurause those who are so fortmiate as to olttain admission there, receive their education without any obligation, except such as a sense of honor may impose, lo return, cither h}' service or other- wise, the slightest equivalent. It is exclufiive. inasmuch as oidy one yiMith, out of a ]iopulation of more than 47,000, can participate in its ad- vantages at the same time ; ami those who aie succesisful ai-e admitted at an age. when their ^characters cannot have iM'come developed, and with very little knowIen invincible lor so many years. Who doos not percieve that it destroys the very life and spring «if military ardor and enthusiasm, by utterly foreclosing all hope of promotion to the soldier and non-coiiunissioned officer? How- ever meritorious may be his services, however pre-eminent may become his nualiflcations ff consei|uence, a general rush, not so much from sentiments of patriotism an, on the coinplitini their education, are not to (brm a portion ef} military force, but to return to tiie uuiki jirivate life, .'^nch was m-ver the operal the .Military Academy, until after the i 1812; and the d(M!trine, so far as I have ■able to ascertain, was first formally annoiii by a distinguished individual, at this time ciently jealous of the exercise of e.veciitiv tromige, and greatly alarmed by what lio (vives to l»e the tendencies of this govenii to centralism and consolidation. It ma found in tlu' report of the Secretary of communicated to Congivss in 1M'.>. 'If it shall, upon due consideration, R' the sanction of Congress and the countrv sec no limit to the exercise of power an( eminent patronage. Follow out the i pie, and where will it lead you ? Yon ci upon the national government the ai guardianship of literature and science, ini and civil ; you need not stop at military .scii any one, in the wide range of .sciences, 1k' at once a legitimate and constitutional ob) you." patroni>;;o ; yoti arc conlined by no liui J .Mir ili.scretion ; you have no check lail own good plea.sure. If you may allbrd in ti'-M, at the public exi>en.se, in the langnaj: ()hilosophy, in chemistry, and in the exiu ences, to yoimg gentlemen who are und obligation to enter the service of their coi In: ANXO 1886. ANDREW JACKSON, PRE»IDKST. G43 ;:;;:„ f .is., nion.uy t.. ..... which nmv.- lKvnW.lt.. my ,.n^ •" ; f »"iii' I hivvi' I ^., „,„,,r it rS«na:t:ittoWa...np l„,U.t\..-lK«Vct.»tUH ,^^^,^„,,^ ,l„(.s. S.I..I \"'»' ' i,,^. ,^,lvuuta;. I- nrmy, <)i '■"■" <.^..^.^ fv.,iii it,i>l'v "'♦■""'■''^'VV i the. c.x,..u-oy,,n „V.nn,anMiolt..loim» ,;.^,,f ^,S-y, until «.^;;j-;:l M»>^ •>••*•''■%;.; finally anno..m.d U..US of the oxtrci. i ,^. the tcn.lencioH .f h>'' I- , the report ot tlw 'J',,, ^ _,„te.l to ^'<'"l^;-*^^«%'" Juration, a^xivol on of ton;j;it » » j j,,,^. '.nil to the exern^^ of ^^ ,,^, , , jwherexvil »t >« 'i J , „,„„lu„ ', national P''^'^'' ' ,\" ci.nco, milit:.ri ;-t,,eNviaemnge t^ ;,,,^,^^ ^^»^'''""*:,"t"cm;tin.ahv,>oliu ,1 i.U'ttsure. I f y o ' "**>, ia„puii? >. ' but are, in fact, (leHtinov parity of niwoninjt, providi- tho iiioanH of u legal, or theolo};ical, or niet, Its exercise, in an instilnlion like this, is snl.vcr- jivo (if the only principle n{Hin which a school, oiniducted at the public c.\|M..nHc. can be made jiriilitahlc to the pnl.lic service — that of makinp; an admission into yourscluM)!, and un education 'here, s«..condary to an appointment in the army. Sir, this distinctive feature characterized all viiiir legislation, and all execntivu ix'conni.indu- iioiii', down to iSlO. • I may as well noti(.e licit;, as at any time, jii answer which has always lK;eu ready when ohji'ctions have been raised to this institution — 311 answer which, if it has not proved (|uile sa- (.faotoiy to minds that yield their assent more ivadily to stroll); reasons than to the authority vf fK^t nanicH, has yet, uniiucstionabl^', exer- rit'l a powerful inilnence iip(.n the public mind. It huK not gone forth upon the authority of an individual merely, but has been publishc<( The extract I propose to read, as sustaining fill y the views of Mr. AlcIIenry upon this point, is in the following, words: 'It might be well to make the plan M|)on such a scale as not only to take in the mii r officers of the navy, Imt also any yoi Mis from any of the States who might w'sh for mkIi an education, whether de- signed fur the army or navy, or neither, and let them be as.scssed to the value of their education, wl. 'h might fonn a fund for extra or contingent ■ \|R"ii.se8.' Sir, the.^c are the true doctrines ujion this siibjci 1 ; doctrines worthy of the adminis- tration under which they were promulgated, and in acc«»rdancc with the views of s' itesinen in the earlier and purerdays of the Republic. (Jivo to the officers of your army the highest advan- tages for perfection in ali the branches of military science, and let those advantages be o|k;ii U) all, in rotation, and under such terms and regulations as shall bo at oucc impartial toward the ulUcers, IMAGE EVALUATION TEST TARGET (MT-3) 1.0 i^y^ |25 m H 2.2 I.I m U lAO 2.0 1.8 1.25 1 1.4 1 1.6 < 6" ► 0% ^ Va >' / ^^J^? ^ ^■^z Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTFR.N.Y. I4SS0 (716) 872-4503 >/ / o ,^. ^ ^.^ '^ i <^ V ^I\^ ^J^ i\ An I Wii i,< f1l', t 644 THIRTY YEARS' VIEW. and advantageous to the service ; but let all young gentlemen who have a tar^'i for military life, and desire t« adopt arms as a profession, prepare themselves for subordinate situations at their own expense, or at the expense of their parents or guardians, in the same manner that the youth of the country are qualified for the profes- sions of civil life. Sir, while upon this subject of gratuitous education, I will read an extract from ' Dupin's Mihtary Force of Great Britain,' to show what favor it finds in another country, from the practice and experience of which we may derive some advantages, however far from approving of its institutions generally. The extract is from the 2d vol. 71st page, and relates to the terms on which young gentlemen are admitted to the ju- nior departments of the Royal Military College at Sandhurst. " First : The sons of officers of all ranks, whether of the land or sea forces, who have died in the service, leaving their families in pe- cuniary distress ; this class are instructed, board- ed, and habited gratutiously by the State ; be- ing required only to provide their equipments on admission, atjd to maintain themselves in linen. Secondly : The sons of all officers of the army above the rank of subalterns actually in the service, and who pay a sum proportioned to their ranks, according to a scale per annum re- gulated by the supreme board. The sons of living naval officers of rank not below that of master and commander, are also admitted on payment of annual stipends, similar to those of corres- ponding ranks in the army. The orphan sons of officers, who have not left their families in pecuniary difficulties, are admitted into this class on paying the stipends required of officers of the rank held by their parents at the time of their decease. Thirdly : The sons of noblemen and private gentlemen who pay a yearly sum equiv- alent to the expenses of their education, board, and clothing, according to a rate regulated from time to time by the commissioners.' Sir, let it be remer l/cred that these are the regulations of a government which, with all its wealth and power, is, from its structure and practice, groan- ing under the accumulated weight of pensions, sinecures, and gratuities, and yet you observe, that only one class, ' the sons of officers of all ranks, whether of the land or sea forces, who have died in the service, leaving their families in pecuniary distress,' are educated gratuitously. " I do not approve even of this, but I hold it up in contrast with your own principles and practice. If the patience of the committee would warrant me, Mr. Chairman, I could show, by reference to Executive communications, and the concurrent legislation of Congress in 1794, 1790, 1802, and 1808, that prior to the last mentioned date, such an institution as we now have was neither recommended nor contemplated. Upon this point I will not detain you longer ; but when hereafter confronted by the authority of great «ames, I trust we shall be told where the expressions of approbation are to be found. We may then judge of their applicability to the Military Academy as at present organized. I ! am far from desiring to see this countrj' desti- tute of a Military Academy ; but 1 would have it a school of practice, and instruction, for officdN actually in the service of the United States : nut an institution for educating gratuitously, youn(» gentlemen, who, on the completion of their temr or after a few months' leave of absence, resin^n their commissions and return to the pursuits ^of civil life. If any one doubts that tliis is tlie practical operation of j'our present system, I re- fer him to the annual list of resignations, to be found in the Adjutant General's office. " Fiimly as I am convinojd of the necessity of a reorganization, I would take no step to create an unjust prejudice against the institution, All that I ask, and, so far as I know, all tliat any of the opponents of the institution ask, is. that after a full and impartial investigation it shall stand or fall upon its merits. I know- there are graduates of the institution Mho are ornaments to the army, and an honor to their country; but they, and not the seminary, are entitled to the credit. Here I would roinark, once for all, that I do not reflect upon the otli- cers or pupils of the Academy ; it is to the prin- ciples of the institution itself, as at present or- ganized, that I object. It is often said that tlic graduates leave the institution with sentiments that but ill accord w.Hh the feelings and opinions of the great mass of the people of that jrovern- ment from which they derive the means of edu- cation, and that many who take commi5.qons possess few qualifications for the conunand of I men, either in war or in peace. Most of tiic f members of this House have had more or Ic-s intercourse with these young gentlemen, ami I leave it for each individual to form his own opinion of the correctness of the charges. Thus much I will say for myself, that I believe tliiit these, and greater evils, are the natural, if not j the inevitable, result of the p"inciples in whicii this institution is founded ; and any system of | education, established upon similar principles on government patronage alone, will produce! like results, now and for ever. Sir, what are! some of these results ? By the report of the Secretary of War, dated January, 1831, wearel informed that, " by an estimate of the last livej years (preceding that date), it appears that " supply of the army from the corps of graduated cadets, has averaged about twenty-two annuallyJ while those who graduated are about forty] making in each year an excess of eiglitccn. number received annually into the Acailcniyavc rages one hundred, of which only the uiinil« stated, to wit, forty, pass through the scribed course of education at schools, and come supernumerary lieutenants in the aniivj By the report of the Secretary of War, Df cember, 1830, wc are informed, that " the nun ber of promotions to the ai-my fioni this corp for the last five years, has averaged M twenty-two annually while the number The I lived i nee, I larkec [larged • actuall' jfor; Iniueh ■ tain the l«iithori: inilitarv 'lie act I "•as Jim fflri ANNO 1836. ANDREW JACKSON, PIUISIDEXT. 645 c of their applicability to the L as at present organized. I ^JinK to see this countrj- desti- Jl Academy; hut Iv^yild have actice and instruction for offic(T> 'eS of the United States: not p rXcatinK gratuitously, young '^ntrcompUn of their tern, Aionths' leave of absence, resign • nllri return to the pursuits of '^SronVdSts that this is the v?k,no?your present system, Ire- fllL^ist of resignations, to be ^i^r^oS^o?^^'"-^^^^^ 8 I am «>»;» ^ no step to ''^^'°"'- ^ai^e acaiiS the institution. ,0 the aiuij) semuiiiry.are at *eyvr\iere I would romurk. *H° fr In not reflect upon the offi- ^'^'"f\lo AcademyTit i'to the pviu- ,\ls of the Acaaeu > , ^^ .cinstitution t.lj^^tjj^^^^^^^^^ ,at I object It ;^ *J';.iti, sentimints leave the V;f SeeUn^^ '^"'1 '^l'™^^^^ 11 accord>v^th the fee m^^ ^^^^^ ^ ,at mass of th^ ff "J'J^^e mcansot edu- 1 which they derive ine . ;^^. 1 that many who take co ^^ f qualifications for the co^^^ ^^ ^^^^ fr in war or i" Pf=^^^ more or loss '«' *'£ IreVoung gentlemen, andl te With these youui, b ^^^^^ or each i"^'''^"^\ie clm-es. Thus '^the correctness of the «haM ^^^^^ .i^^-yffeXSeTe natural, if not greater cvUS, a ^^ j^eg ,„ which [able, result of tie p^ ^^^,^^5 , established ^Vom U F«<1« Anient patron^g. ^^^^J.^' ^^ J^.^ , Its, now and forever.^ ^^ ^^^^^ ^, , [these results f f/,.„ijry 1831, weare of War, dated Ja""^Jn ..^^ astN ti,,t,"byanesti™^^^^^^^^ .^ceding «jat df e) 't W ^^ ^ : the army tiom inc 1 ^^^^y.^„ ,5 averaged about tN^cnt^t k^*^^^■'-^'^XnotheAcaaemy.«' received »?" f ihS only the «">•>'' e hundred, of ^^^"f ,?" i^,„h the v' o wit, forty, f'^Hc Solsa">ll Uurse of education at 8ch"0^; pumeraryl^et^en^^^^^^^^^ report of the ?«« W , ^,^^ ,^,,j Awcareinfo"«.dt!^^^^ Lromotions to the armj , ^^ f last five year^.,^ « £ ^hcr' [two annually wnn^ graduates has been at an average of fortj\ This excess, which is annually increasing, has placed eighty-seven in waiting until vacancies shall tiike place, and show that in the next year, probably, and in the succeeding one, certainly, there will be an excess beyond what the exist- ing law authorizes to be commissioned. There will then be KIG supernumerary brevet second lieutenants appurtenant to the army, at an average annual expense of $8it,0l)0. Sir, that results here disclosed were not anticipated by Mr. Madison, is apparent from a recurrence to his messages of 1810 and 1811. •'In passing the law of 1812, both Congress and the President acted for the occasion, and they expected those who should succeed them to act in a similar manner. Their feelings of patriotism and resentment were aroused, by be- holding tlie privileges of freemen wantonly in- vaded, our glorious stars and stripes disregard- ed, and national and individual rights trampled in the dust. The war was pending. The ne- cessity for increasing the military force of the country was obvious and pressing, and the ur- r^ent occasion for increased facilities for military instruction, equally apparent. Sir, it was under circumstances like these, when we had not only enemies abroad, but, I blush to say, enemies at home, that the institution, as at present organ- ized, had its origin. It will hardly l)e pretended that it was the original design of the law to augment the number of persons instructed, be- yond the wants of the public service. Well, the report of the Secretary shows, that for five years prior to 1831, the Academy had furnished eighteen supernumeraries annually. A practical operation of this character ha.s no sanction in the recommendation of Mr. Madison. The report demonstrates, further, the fridtfulness and ulUUy of this institution, by showing the fact, that but two-fifths of those who enter the Academy graduate, and that but a fraction more than one-fifth enter the public service. This is not the fault of the administration of the Acade- my ; it is not the fault of the young gentlemen who are sent there ; on your present peace es- tablishment there can be but little to stimulate them, particularly in the acquisition of military science. There can hardly be but one object in the mind of the student, and that would be to obtain an education for the purposes of civil life. The difficulty is, that the institution has out- lived both the occasion that called it into exist- ncc, and its original design. I have before re- I marked, that the Academy was manifestly en- I lirgcd to correspond with the army and militia I actually to be called into service. Look then I for a moment at facts, and observe with how much wisdom, justice, and sound policy, you rc- 1 tain the provisions of thclawof 1812. Thetotal luthorized force of 1813, after the declaration of Kar, was 58,254; and in October, 1814, the Iniilitary establishment amounted to 62,428. By llhe act of March, 1815, the peace establishment jwas limited to 10,000, and now hardly exceeds that number. Thus you make a reduction of more than 50,000 in your actual military force, to accommodate the cxjienses of the government to its wants. And why do you refuse to do the same with your grand system of public educa- tion? Why does that remain unchanged ? Why not reduce it at once, at least to the actual wants of the service, and dispense with your <;()rj)s of supernumerary lieutenants ? Sir, there is, t here can be but one answer to the question, and that may be found in the war report of 1810, to which 1 have before liad occasion to allude. The Sec- retary says, ' the cadets who cannot be provided for ill the army will return to private life, but in the event of a war their knowledge will not be lost to the country.' Indeed, sir, these young gentlemen, if they could be induced to take the field, would, after a lapse of ten or fifteen years, come up from the bar, or it may be the pulpit, fresh in military science, and admirably quali- lied for command in the face of an enemy. Tlie magazine of facts, to prove at the same glance the extravagance and unfruitfulness of this in- stitution, is not easily exhausted : but I am ad- monished by the lateness of the hour to omit many considerations which I regard as both in- teresting and important. I will only detain the committee to make a single statement, jjlacing side by side some aggregate results. There has already been expended upon the institution more than three millions three hundred thousand dol- lars. Between 1815, and 1821, thirteen hundred and eighteen students were admitted into the Academy ; and of all the cadets who were ever there, only two hundred and sixty-five remain- ed in the service at the end of 1830. Here are the expenses you have incurred, and the products you have realized. " I leave them to be balanced by the people. But for myself, believing as I do, that the Acad- emy stands forth as an anomaly among the in- stitutions of this country ; that it is at variance with the spirit, if not the letter of the constitu- tion under which we live ; so long as this House shall deny investigation into its principles and practical operation, I, as an individual member, will refuse to appropriate the first dollar for its support." CHAPTER CXLI. EXPUNGING EESOLUTION— PERORATION OF SEN- ATOR BENTON'S SECOND SPEECIL " The condemnation of the President, combining as it did all that illegality and injustice could in- flict, had the further misfortune to be co-opera- tive in its effect with the conspiracy of the Bank of the United States to effect the most wicked \l w w i 3 %1 ^i'i' i I r t 646 THIRTY YEARS' VIEW luvl universal scheme arth seemed to be in commotion 1. A revolution was proclivimccl ! of all htw was announced', llie one man's will for the voice of rnment,wa8 daily asserted '. the as astounded and bewildered with tcntous annunciations! In tiie is machinery of alarm and distress, izcns lost their reckoning; sensi- it wrong ; stout hearts quailed ; old ,ay ; temporizing counsels came m ; tary defender of his country was d I Oh, how much depended upon I at that dread and awful point of had given way, then all was gone! rapacious, and revengeful inst.lu- 'have been installed in soverei::n e federal and State governments, the ;,c Presidency, the State legislatures, avc fallen under the dominion of the all departments of the government . been filled and administered by tlu >nsioncrs, and attorneys of that n,- Ho did not yield, and the country The heroic patriotism of one man all this calamity, and saved the Rt. .becoming the appendage and hefol I corporation. And what has been 7 So far as the people are concerned, fitude, blessings, everlasting benertic far as the Senate is concerned .- .unciation, stigma, infamy. And. ha verdicts stand? Shall our jo™ crdict of infamy, while the hearts glownndpalpitate with the ve,d>ct ent Jackson has done more for the Tthan the whole tribe of poht- together; and shall he remain 8t,gm- ondemnedforthomostglonousacon 1 The bare attempttostigmatizeMr vas not merely expunged, but cutout lLal-,sothatnotraceofitrenu, Senate records. The designs arc the Senses; but the aggrava.«^ iblv greater in the case of Pro lent '^Utothejournalsof jom. ;cntatives for the character fhc^"! dnst President Jefferson, and then* sons for repulsing it, and it is seen that the attempt was made to criminate Mr. .JfU'tTson, and to charge liiin upon the journals with a riulation of the laws ; and that this attemiit was made at a time, and iinder circumstunces insidi- ously calculated to excite unjust suspicion in the minds of the people against the Chief Magis- trate. Such was precisely the character of tlic charge; and the efiuct of the charge against President Jackson, with the difference only that the proceeding against President Jackson, was many ten tliousand times more revolting and aggravated ; commencing as it did in the Bank, carried on by a violent political party, prosecuted to sentence and condemnation ; and calculated, if believed, to destroy the President, to change tlie administration, and to put an end to popular aprcsentative government. Yes, sir, to put an end to elective and representative government ! For what arc all the attacks upon President Jackson's administration but attacks upon the people who elect and re-elect him, who approve his administration, and by approving, make it their own ? To condemn such a President, thus Biipported, is to condemn the pople, to condemn the elective principle, to condemn the funda- ineutal principle of our government; and to establish the favorite dogma of the monarchists, that the pcojile are incapable of self-government, and will surrender themselves as collared slaves into the hands of military chieftains. "Great are the services which President Jackson has rendered his country. As a Gene- ral he has extended her frontiers, saved a city, and carried her renown to the highest pitch of glory. Ilis civil administration has rivalled and transcended his warlike exploits. Indemnities priKurcd from the great powers of Europe for Fpoliations committed on our citizens under former administrations, and which, by former idministrations were reclaimed in vain ; peace ind friendship with the whole world, and, what is more, the respect of the whole world ; the character of our America exalted in Europe ; 60 exalted that the American citizen treading the continent of Europe, and contemplating the sudden and great elevation of the national ^ character, might feel as if he himself was an j hundred feet high. Such is the picture abroad ! , At home we behold a brilliant and grateful fccno; the public dibt paid, — taxes reduced, — the gold currency restored, — the Southern States rolea.sed from a useless and dangerous jiopulation, — all disturbing questions settled, — a gigantic moneyed institution rejmlsed in its march to the coiwuiest of the government, — the highest prosperity attained, — and the Hero Patriot now crowning the list of his glorious services by covering his country with the j)anoply of defence, and consummating his measures for the restoration and preservation of the currency of the constitution. AVe have had brilliant and prosperous administrations; but that of Presi- dent Jackson eclipses, surpiisses, and casts into the shade, all that have preceded it. And is he to be branded, stigmatized, condemned, un- justly and untruly condemned ; and the records of the Senate to bear the evidence of this out- rage to the latest posterity ? Shall this Presi- dent, so glorious in peace and in war, so success- ful at home and abroad, whose administration, now, hailed with applause and gratitude by the people, and destined to shine for unnumbered ages in the political firmament of our history : shall this President, whose name is to live for ever, whose retirement from life and seivices will be through the gate that leads to the tem- ple of everlasting fame; shall Jie go down to posterity with this condemnation upon him; and that for the most glorious action ot liis life ? " Mr. President, I have some knowledge of history, and some acquaintance with the dangers which nations have encountered, and from which heroes and statesmen have saved them. I have read much of ancient and modern his- tory, and nowhere have I found a parallel to the services rendered by President Jackson in crushing the conspiracy of the Bank, but in the labors of the Roman Consul in ci-ushing the conspiracy of Catiline. The two conspiracies were identical in their objects; both directed against the government, and the property of the country. Cicero extinguished the Catili- narcan conspiracy, and saved Rome ; President Jackson defeated the conspiracy of the Bank, and saved our America. Their heroic service was the same, and their fates have been strange- ly alike. Cicero was condemned for violating the laws and the constitution ; so has been President Jackson. The consul v;as refused a hearing in his own defence: so has been President Jackson. The life of Cicero was attempted by two assassins; twice was the murderous pistol levelled at our President. All Italy, the whole Roman world, 648 THIRTY YEARS' VIEW. R. r'U^ i ,' 'J*' 1 bore Cicero to the Capitol, iuul tore tlie peiitonco ofthe consul's condemnation from tlwfduli of the republic : a million of Americans, fathers and heads of families, now demand the expurjration of the sentence apiainst the President. Cicero, fol- lowed by all that w.as virtuous in Home, repaired to the temple of the tutelaiy gods, and swore upon the altar that he had saved his country : President Jackson, in the temple of the living God, might take the same oath, and find its re- sponse in the hearts of millions. Nor shall the parallel stop here ; but after times, and remote posterities shall render the same honors to each. Two thousand years have passed, and the great actions of the consul are fresh and green in history. The school-boy learns them ; the patriot studies them ; the statesman applies them : so shall it be with our patriot President. Two thousand years hence, — ten thousand, — nay, while time itself shall last, for who can contemplate the time when the memory of this republic shall be lost ? while time itself shall last, the name and llime of Jackson shall remain and flourish ; and this last great act by which he saved the government from subversion, and property from revolution, shall stand forth as the seal and crown of his heroic services. And if an}- thing that I myself may do or say, shall survive the brief hour in which I live, it will be the part which I have taken, and the efforts which I have made, to sustain and defend the great defender of his country. " Mr. President, I have now finished the view vrhich an imperious sense of duty has required me to take of this subject. I trust that I have proceeded upon proofs and facts, and have left nothing unsustained which I feel it to be my duty to advance. It is not my design to repeat, or to recapitulate ; but there is one further and vital consideration which demands the notice of a remark, and which I should be faithless to the genius of our government, if I should pre- termit. It is known, sir, that ambition for office is the bane of free States, and the conten- tions of rivals the destruction of their country. These contentions lead to every species of in- justice, and to every variety of violence, and all cloaked with the pretext of the public good. Civil wars and banishment at Rome ; civil wars, and the ostracism at Athens ; bills of attainder, star-chamber prosecutions, and impeachments in England ; all to get vid of some envied, or hated rival, and all pretexted with the pi'blia f;ood : such has been the history of free States for two thousand years. The wise men who framed our constitution were well aware of all this danger ami all this mischief, and took efRc- tual care, as thvy thought, to guard against it. Banish. :>ent, the ostracism, the Btar-cliainber prosecutions, bills of attainder, all those sum- mary and violent modes of hunting down a rival, which deprive the victim of defence Ijy depriving him of the intervention of an accus- ing bovas provided against the abuse chment power, first, by requ.mg a prfermlbytheHouseofUopre- s the grand Inquest of the nauon; confining the trial to the Senate, raljorityoftwo-thirdstocon- Ivity, the dignity, the age of th d the great and various powers wuh ^-ere invested-greater and n>ore L are united in the same persons Uer constitutional governriu-nt upon ew re supposed to make the Senate Itlry for the impeachment F^v"'; f ♦!,» r-onstitution is But if a ,Un of the constitution is followed be admitted to be so. be arraigned by his rival. jachablc offences with- which there is no appeal ! That arbiter has pronounced against the Senate. It has sustained the President, and condemnod tlie Senate. If it had sustained the Senate, the President must have been ruined ! as it has not, the Senate must be ruined, if it perseveres in its course, and goes on to brave public opinion ! — as an in- stitution, it must be ruined ! tor can i::::r:i!;:rL House of Ke^; if he can be pronounced gu,lt>l3j .ority, instead of a majority of twc Tha the whole frame of our gover - r?ed, and the door left wide open t mischief which has ever afflict d of free States. Then can r.vas and fj on todowhat it was intended d never do; accuse, denounce, con- \::rdown'each other I Great - eight of the American Senate Tun 'rejections for ofhce were fata tS when its rejections uventhe , IV f,.vor Why this 6a«l and ^'? irtn^oneleceivehinisoif. ;:^rlS^^Herofcharact.™ Cday,itistheAreopagusfro. CHAPTER CXLII. DISTRIBUTION OF THE LAND REVENUE. "The great loss of the bank has been in the depreciation of the securities ; and the only way to regain a capital is to restore their value. A large portion of them consists of State stocks, which are so far belc .v their intrinsic worth that the present prices could not have been antici- pated by any reasonable man. No doubt can be entertained of their ultimate payment. The States themselves, unaided, can satisfy every claim against them ; they will do it spcedilj--, if Congress adopt the measures contemplated for their relief. A division of the public lands among the States, which would enable them all to pay their debts — or a pledge of the proceeds of sales for that purpose — would be abundant security. Either of these acts would inspire confidence, and enhance the value of all kindo of property." This paragraph appeared m the Philadelphia National Gazette, was attributed to Mr. Biddle, President of the Bank of the United States ; and connects that institution with ail the plans for distributing the public land money among the States, either in the •liapc of a direct distribution, or in the disguise of a deposit of the surplus revenue ; and this for the purpose of enhancing the value of the State stocks held by it. That institution was known to have interfered in the federal legislation, to promote or to baffle the passage of laws, as ideemed to be favorable or otherwise to her in- iterests ; and this resort to the land revenue [through an act of Congress was an eminent in- stance of the spirit of interference. This dis- ibution had become, very nearly, a party tture ; and of the party of wliich the bank a member, and Mr. Clay the chief. lie was the author of the scheme — had introduced it at several sessions — and now renewed it. ^Ir. Web- ster also made a proposition to the same elfect at this .session. It was the summer of the presiden- tial election ; and great calculations were made by the party which favored the distribution upon its effect in adding to their popularity. Mr. Clay limited his plan of distribution to five years ; but the limitation was justly considered as no- thing — as a mere means of beginning the system of these distributions — which once began, would go on of themselves, while our presidential elec- tions continued, and any thing to divide could be found in the treasury. Mr. Benton oppo.sed the whole scheme, and confronted it with a pro- position to devote the surplus revenue to the purposes of national defence ; thereby making an issue, as he declared, between the plunder of the country and the defence of the country. He introduced an antagonistic bill, as he termed it, devoting the surplus moneys to the public defences ; and showing by reports from the war and navy departments that ecven millions a year for fifteen years would be required for the completion of the naval defences, and thirty millions to complete the military defences ; of which nine millions per annum could be benefi- cially expended ; and then went on to say : " That the reports from which he had read, taken together, presented a complete system of preparation for the national defence ; every arm and branch of defence was to be provided for ; an increase of the navy, including steamships ; ap- propriate fortifications, including steam batter- ies ; armories, foundries, arsenals, with ample supplies of arras and munitions of war ; an in- crease of troops for the West and Northwest ; a line of posts and a military road from the Red River to the Wisconsin, in the rear of the settle- ments, and mounted dragoons to scour the country ; every thing was considered ; all was reduced to system, and a general, adequate, and appropriate plan of national defence was pre- sented, sulficicnt to absorb all the surplus re- venue, and wanting nothing but the vote of Congress to carry it into effect. In this great system of national defence the whole Union was equally interested ; for the country, in all that concerned its defences, was but a unit, and every section was interested in the defence of every other section, and every individual citizen was interested in the defence of the whole popula- tion. It was in vain to say tliat the navy was on the sea, and the fortifications on the seaboard, and that the citizens in the interior States, or in the valley of the Mississippi, had no interest in these remote defences. Such an idea was ..'fl^ '.'t. (, >. ^ I '^1 650 THIRTY YEARS' VIEW. iiui mistaken and delusive. The inhabitant of Mis- souri and of Indiana had a direct interest in kcppinp; open the mouths of the rivers, defending the seaport towns, and preserving a naval force that woidd protect the produce of his labor in crossing the ocean, and arriving safely in foreign markets. All the forts at the moath of the Mississippi were just as much for the benefit of the western States, as if those States were down at the mouth of that river. So of all the forts on the Gulf of Mexico. Five forts are completed in the delta of the Missis- sippi ; two are completed on the Florida or Alabama coast ; and seven or eight more are projected; all calculated to give security to western commerce in passing through the Gulf of Mexico. Much had been done for that fron- tier, biit more remained to be done ; and among the great works contemplated in that quarter were large establishments at Pensacola, Key West, or the Dry Tortugas. Large military and naval stations were contemplated at these points, and no expenditure or preparations could exceed in amount the magnitude of the interests to be protected. On the Atlantic board the commerce of the States found its way to the ocean through many outlets, from Maine to Florida; in the West, on the contrary, the whole commerce of the valley of tho Mississippi, all that of the Al- abama, of western Florida, and some part of Georgia, passes through a single outlet, and reaches the ocean by passing between Key West and Cuba. Here, then, is an immense commerce collected into one channel, compressed into one line, and passing, as it were, through one gate. This gives to Key West and the Dry Tortugas an importance hardly possessed by any point on the globe; for, besides commanding the com- merce of the entire West, it will also command that of Mexico, of the West Indies, of the Carib- bean sea, and of South America down to the middle of that continent at its most eastern pro- jection. Cape Roque. To understand the cause of all this (Mr. B. said), it was necessary to look to the trade winds, which, blowing across the Atlantic between the tropics, strike the South American continent at Cape Roque, fol- low the retreating coast of that continent up to the Caribbean sea, and to the Gulf of Mexico, creating the gulf stream as they go, and by the combined effect of a current in the air and in the water, sweeping all vessels from this side Cape Roque into its stream, carrying them round west of Cuba and bringing them out between Key West and the Havana. These two positions, then, constitute the gate through which every thing must pass that comes from the valley of the Mississippi, from Mexico, and from South America as low down as Cape Roque. As the masters of the Mississippi, we should be able to predominate in the Gulf of Mexico ; and, to do so, we must have great establishments at Key West and Pensacola. Such establishments are now proposed ; and every citizen of the West should look upon them as the guardians of his own immediate interests, the indispensable safe- guard to his own commerce ; and to liim tho highest, most sacred, and most beneficial object to which surplus revenue could be applied. Tliu Gulf of Mexico should be considered as the es- tuary of the Mississippi. A naval and military supremacy should be established in tlmt gulf cost what it might ; for without that supremacy the commerce of the entire West would lie at the mercy of the fleets and privateers of inimical powers. " Mr. B. returned to the immediate object of his remarks — to the object of .showing tlmt tlie defences of the country would absorb every sur- plus dollar that would ever be found in the trea- sury. He recapitulated the aggregates of tlio.su heads of expenditure ; for the navy, about forty millions of dollars, embracing the increase of the navy, navy yards, ordnance, and repairs of vessels for a series of years ; for fortifications about thirty millions, reported by the enpinter department ; and which sum, after rcducin},' tht size of some of the largest class of forts, not vet commenced, would still be large enough, witii the sum reported by the ordnance department, amounting to near thirty millions, to make a totality not much less than one hundred milljonf!; and far more than suflicient to swallow up nil the surpluses which will ever be found to e.\ist in the treasury. Even after deducting much from these estimates, the remainder will still {;o beyond any surplus that will actually be fouml. Every person knows that the present year is im criterion for estimating the revenue ; excess uf paper issues has inflated all business, and led to excess in all branches of the revenue ; next year it will be down, and soon fall as much below the usual level as it now is above it. Jlore tliaa that ; what is now called a surplus in the trea- sury is no surplus, but a mere accumulation fur j want of passing the appropriation bills. The whole of it is pledged to the bills 'vhich are I piled upon our tables, and which we cannot get passed ; for the opposition is strong enough to arrest the appropriations, to dam up the mony in the treasury ; and then call that a surplus which would now be in a course of expenditure, if [ the necessary appropriation bills could be passed, " The public defences will require near one j hundred millions of dollars ; the annual amount I required for these defences alone amount to I thirteen or fourteen millions. The engineer | department answers explicitly that it can bcne-J ficially expend six millions of dollars annually;! the ordnance that it can beneficially expend! three millions ; the navy that it can beneficiallyj expend several millions ; and all this for a serie^ of years. This distribution bill has five yean to run, and in that time, if the money is applied to defence instead of distribution, the great worl^ of national defence will be so far completed i to place the United States in a condition to cau.1 her rights and her interests, her flag and hej soil, to be honored and respected by the wholj world." ANNO 1836. ANDREW JACKSON, PRESIDENT. 651 .interests, the indispensable sao. ,n comuWce; and to .b m Iho rred,andnu.stbcnet\c.ulobj«;t rn^vVnuocouUlbeap|.hed 11,. i should be considered as the OS- o ».»"". . ^yal and n\ihtary rbrestatlisbedinthut,«lf, Tm . for without that supveimcy :"ofthoenTiro West would lie »t the fleets and privateers of immial turned to the immediate object of -to the object of showing tlmttk. nnimtrv would absorb every sur- f^tTouKrbefoundinthetre. cailated the aggregates of thost- : nXure ; for the navy, about forty So aTembracing the incveaBc o J«ra<. ordnance, and repairs of rSs of years; for fortilications, Mv^L rcDort«d by the engineer ^ nnlhons, rcporu i ^^ ^^^ ^;itartestdisBoffort.,notyet 3 of the large enough, with ''Xfbftt ordnance depS« ported by I" n^iiUons, to make a ^"^ MoCthano^ehundredmiUion.; tmuchlessthan« g.vallow up all ,re thjin snffl^'^;;^ f^^^„d t„ exist '"'^V'^.f^L remainder will stiUpo B estimates, the re ^^ ^^^^^^ fLTn^wsthrSpi-esentV---; son knows ""*"^ revenue ; excess uf ■or estimating the reNei^^ .^^^^^ ^^^^^^ Ws has mfl'^^^J,^'' revenue ; next year allbranchesof the reven ^^^^^^^)^^^^ down, and ^oon lau « ^^^,^^,^ level as it now is above n^ ^^^^ ^^^^ ^t is now e^^^^^^eS^cumulationfor ' '"• fth^app^opViation bills, Tlie .assing the appi v ^^.j^^^l^ .^^^ it is Pl?^g«<^„„*,?^ScUwe cannot get p our tables, a?^^^^'^;\.onR enough to or the opposition ^««^°;^ =^^ Uppropri«.to^JJ,, J basury, and ^^^^.^e of expenditure, it uldnowbcinacourseoiexp^^^^^^^^^ ';ary appropriation biUsc^ a p^ ^^^ ,«blic defenX;\^\rrnual amount nUlions of dollars ,ui^ ^^^^^^ for these ^^^"^^^'^.•''^he engineer or fourteen niU^^^^^^^^^ ,nt '^f^'^^^ilS of dollars annually; ^P'""^ '/h^rScan beneficially expend r"' ^htnavvSiat it can beneficially terSSrandaU^sfor-H \cA in that time, " ^ . the grcfttnori bss"tis»-*"r. The bill was passed in the Senate, though by a vote somewhat close — 25 to 20. The yeas were : Messrs. Black, Buchanan, Clay, Clayton, Crittenden, Davis, Ewing of Ohio, Cifddsborough, lleiidiicks, Kent, Kniglit, Leic,h, JIcKcan, Man- (riiiii, Naudain, Nicholas, Porter, Prentiss, Pres- ton, Hohbins, Southard, Swift, Tomlinson, Web- ster, White. Nays. — Messrs. Benton, Calhoun, Cuthbcrt, Ening of Illinois, Grundy, Hill, Hubbard, King of Alabama, King of Georgia, Linn, Moore, Mor- ris, Nilcs, Rives, Robinson, Ruggles, Shepley, Tallmadge, Walker, Wright. Being sent to the House for concuiTcnce it became evident that it could not pass that body ; and then the friends of distribution in the Senate fell upon a new mode to effect their object, and in a form to gain the votes of many members who held distribution to be a violation of the constitution — among them Mr. Calhoun ; — who took the lead in the movement. There was a bill before the Senate to regulate the keeping of the public moneys in the deposit banks ; and this was turned into distribution of the surplus public moneys with the States, in proportion to their representation in Congress, to be returned when Congress should call for it : and this was called a deposit with the States ; and the faith of the States pledged for returning the money. The deposit was defended on the same argument on which Mr. Calhoun had proposed to amend the constitution two years before ; namely that there was no other way to get rid of the surplus. And to a suggestion from Mr. Wright that the moneys, when once so deposited might never be |ot back again, Mr. Calhoun answered : '• But the senator from New- York objects to I the measure, that it would, in effect, amount to I distribution, on the ground, as he conceives, I that the States would never refund. He does I not doubt but that they would, if called on to litfund by the government; but he says that [Congress will in fact never make the call. He litsts this conclusion on the supposition that Ithere would be a majority of the States opposed Ito it. He admits, in case the revenue should jkecome deficient, that the southern or staple IStates would prefer to refund their quota, rather Ithan to raise the imposts to meet the deficit j Ikt he insists that the contrary would be the lose with the manufacturing States, which would pfer to increase the imposts to refunding their puota, on the ground that the increase of the pties would promote the interests of manufac- liires, I cannot agree with the senator that Ibose States would assume a position so utterly untenable as to refuse to refund a doi)0.«it which their faith would be plighted to riturn, and rest the refusal on the ground of preferrin;; to lay a tax, because it woulil be a bounty to tliiin. and would consequently tlirow the wIidIc bunion of the tax on the other States. Hut. be this as it may, I can tell the senator that, if they should take a course so unjust and monstrous, he may be assured that the other States would most unquestionably resist the increase of the imposts ; so that the government would have to take its choice, either to go without the money, or call on the States to refund the deposits." Mr. Benton took an objection to this scheme of deposit, that it was a distribution under a false name, making a double disposition of the same money ; that the land money was to be disti'ibuted under the bill already passed by the Senate : and he moved an amendment to except that money from the operation of the deposit to be made with the States. He said it was hardly to be supposed that, in the nineteenth century, a grave legisla- tive body would pass two bills for dividing the same money ; and it was to siivo the Senate from the ridicule of such a blunder that he called their attention to it, and proposed the amend- ment. Mr. Calhoun said there was a remedy for it in a few words, by adding a proviso of ex- ception, if the land distribution bill became a law. Mr. Benton was utterly opposed to such a proviso — a proviso to take effect if the same thing did not become law in another bill. Mr. Morris also wished to know if the Senate was about to make a double distribution of the same money ? As far it respected the action of the Senate the land bill was, to all intents and pur- poses, a law. It had passed the Senate, and they were done with it. It had changed its title from "bill" to "act." It was now the act of the Senate, and they could not know what dis- position the House would make of it. Mr. Webster believed the land bill could not pass the House ; that it was put to rest there ; and therefore he had no objection to voting for the second one: thus admitting that, under the name of " distribution " the act could not pass the House, und that a change of name was indis- pensable. Mr. Wright made a speech of state- ments and facts to show that there would be no surplus ; and taking up that idea, Mr. Benton spoke thus : " About this time two years ago, the Senate was engaged in proclaiming the danger of a bankrupt Treasury, and in proving to the peo- Ill :im /inKHrt. I'll h'^'\'\^m rail I b(> ,a'>«| is ^. ■ ■•■«''§ i*^ ' lA ^&,r , G52 TlllllTV YKAUS* VIKW. [ill' tliat uftiT mill must niMuo from Ihi'ivmovnl of tlu' (Icjiosits from tlio Kiitik of llio TnittMl Htiitt'H. I'lu' sniiu' Sotinio, nolhiiij; iihntt'il in ponliilcna' from tlK^fiiilnrc of former prcdiciiotiH, Ih now i'njjnj;!'!! in ('cii'ltriifinp; (lie prosiK-rily <>f tlif country, iininj; lo he himkrupt. Hoth occupations nn* eriniillv unfortnniite. Our Tn-iisury is in no more dnnp^er of burstinj; from distension now, tlmn it wn« of collivpsinK from depletion (hen. The (ihost of the panic was dri- ven from this cluimlK>r in May, IS.'U, hy the re- port of Mr. Taney, showinfj; that nil the sources of the national revenue were in their usual rich and hountiful oonditiim; and that theiv was no danger of bankruptcy. The speech and state- ment, so brief and perspicuous. Just doliveiinlbv the senator from New York [Mr. Wright), will l)erform the same olllre upon the distribution spirit, by showing that the appropriations of the session will require nearly as nuicli money as the public Treasury will be found to contain. The present exap^^erations alwutthc surplus will liave their day. as the panic about an empty Treasury had its day; and time, which corrects all tbinp;s, will show the enormity of these errors which excite the public mind, and stimulate the public appetite, for a division of fortj', lifty, and Bixty millions of surplus treasure." The bill Iteinp ordered to a third roadinp, with only si.K dissentinj; votes, the author of this V^iew coulil not consent to let it pass without nn attempt to stigmatize it, and render it odious to the people, as a distribution in disguise — as a deposit never to bo reclaimed; as a miserable evasion of the constitution ; as an attempt to debauch the people with their own money ; as plundering instead of defending the country ; as a cheat that would only hist till the presiden- tial election was over ; for there would be no money to deposit after the first or second quar- ter ; — and as having the inevitable effect, if not the intention, to break the deposit banks ; and, finally, as disappointing its authors in their schemes of popularity : in which ho was pro- phetic ; as, out of half a dozen aspirants to the presidency, who voted for it, no one of them ever attained that place. The following are parts of his speech : " I now coine, Mr. President (continued Mr. B.), to the second subject in the bill — the dis- tribution feature — and to which the objections are, not of detail, but of principle ; but which objections are so strong, in the nnnd of myself and some friends, that, far from shrinking from the contest, and sneaking away in our little mmority of six, where we were left last even- ing, we come forward with imabated resohitioii to renew onr opposition, and to Hi(::nali/,e our dissent; ajixious to have it krmwn tliiit we cuii. tended to (he last againsr (he seductions of » measure, specious to the view, and tempt in;; (,, the taste, but frimght with mischief ami i'eail'ul conserpiences to tlu^ chfiracter of this pivcin. meiit, and (o (he stability an tn call a gift a deposit, us it woultl be to <'al! a sinli of the dagger a kiss of the lips. It is a distii- bution of the revenues, under the name (if;i deposit, and imder the form of a loan. It is known to be so, and is intended to be so; ami all this verbiage about a deposit is nothinjr Imt the device ami contrivance of those nho Imvc been for years endeavoring to distiiimtf iho revenues, sonietimes by the land bill, somkIIiiics by direct propositions, and sometimes by ino- posed amendments to the constitution. Fiiidinj; all these motles of iwcomplishing the object nut and frustrated by the constitution, they fail ii|iiin this invention of a deposit, and exult in thoMic- c*s8 of an old scheme inxler a new name. That { it is no VH,alM.vaHp; rv..rthoTn.a8..i-y •«'•;-"»"■> u-h who. ...-ci'MHury t<. ..not »|.|mo- hi' i)W'»«»rc ..r the Stall-. ulin,.a...o,aaoi.<.Mt;... t..™,,. "i;;SurHwoSbct...uiias.i, her'vi-nui'S, "n.h'.- tho,.u,.u..f. ■" 1 ZtTvo-inp to «lisl.ilmte tl,o Seli rX the land bill,. o,.,i.li-m. fimis and 8oinctinu>s by vi"- r."*'"^ s to thcM^"^tit..tio... Fi.uiin^ ?cil bv the constitv.tio.,, they full "l«'n o Kci.o«it, anil cxv.lt ...the -^^^^ Kdcaanaaenfo..strahle,..^^ I r,« incinlcs, declared n.tei.tiou*, Lvowcd P""^ 'f those who conduct I npos.t.on of an erro ^ ^ > e right ot I":°I~ ',',,„ ,\„„osl>iy li put where we rannot reach it. Oi.r trenHiiry warra.it nui.ml, piirHiu" it. The StntcH an^ t«i kfi|i the ii.iMiey, mieof ititeicHt, iititii in Ih need- I'll to meet appropriatioHH ; nnd tlieii the Seere- tfti-y of the Tieasiiry it* — to do wiml ? — call upon llic State 7 No! Imt to nell and aHHifjii Iheeer- tiliciite ; and the State is to pay the n.sHi^neo an iiitciest half yearly, and the principal when it |iiiiises. Now, these appropiialions will never Ih' .iiade. 'I'I.e nieinhers of (NmnrcKH ari^ not vil lioiii — the lace of repreHentativcN is not yet Idiowii — who will vote a|ipr<»|iriationH t()r tia- tiiiiiid (tl)jectN, to he paid out of their own Slate tivii-tnrieH. Sooner will the laritl'he revived, or tlie i)riee of puhlic lanti he .•ai,-.'d. Sooner will till' iiHHiLrnaliility of the cerlilicatc! he repealed liv law. 'I'he colli inne.icy will never arrive, on wiiic!. the Secretary is to a-^sif^n : hd llie deposit will stand as a loan for ever, without inteiest. At the end of some yeais, the nominal transiw- tioii will lie rescinded ; the certificates will all ln'raiicilled l>y one >;eneral, unanimous, harmo- liimiH vote in ('oiinress. The dis^niise af ii de- ])osit, like the mask after a play, will he thrown i^,^ilie; and the delivery of the money will turn out to ho, what it is now intended to he, a pill fi(ini the lM'f?innin)ic. 'I'his will he the end of the lirst cliajiter. And now, how .mhecomin^j in tlic Seiiale to jtracti.se thiH indirection, and to ilo by a false na.ne what cannot Ik; done hy its true; one. The constitution, hy the acknowlV'df;- nunt of many who conduct this hill, will not admit iisition was made to amend the constitution, to liiriuit thifi identical distribution to he made. Tlmt proposition is now .i|)on our calendar, for the action of Con;;ic8s. All at once, it is disco- vticd that a chanpe of names will do as well as a clmn^'e of the constitution. Strike out the ojnl 'dLstributc,' and insert the word 'dcpo- /it;' and, incontinently, the imjicdimcnt is n;- moved: the con.stitution ditllculty is surmount- ed; the division of the money can he made. TliLs, at Iea.st, is quick work. It looks magical, though not the exploit of the .::f;ician. It commits nobody, though not tht invention of the non-committal .school. After all, it must be I admitted to be a very compendious mode of amending the constitution, and such a one as the frainers of that instrument never happened to think of. Is this fancy, or is it fact? Are we legislating, or amusing ourselves with j)han- tiL of a loan, and it in an nitilitv wliicli nniki-s deii(*ion of the constitn- tion, ii'ts do in all time to come. It is only to depose oiii' word and in- stal another — it is merely to cliai\):e a name — and the frowning; constitution immediately smiles on the late forhidden atlcjiipt. ''To the federal pivernment thcconscqnences of these distrihutions must l)C deploralile and destructive. It must lie remitted to the helpless condition of the old confederacy, de|H'nilin^; f'>r its supplies nj)on the voluntary contrihutions of the States. Woi'so than dcju-ndin;; upon the volimtary contributions, it will he left to the trratuitons leavings, to the eleemosynary crumhs, which remain njion the table after the feast of the States is over. (Jod p-ant they may not prove t(» be the feasts of the Lapilhni and Centaurs ! Hut the States will be served first ; and what renmins may go to the objects of com- mon defence and national concern (()r which the confedeiiu-y was framed, and for which the power of niisinp money was confided to Con- gress. The distribution bills will be passed ♦irst, -uid theapin-ojiriation bills afterwards; and every .ippropriation will be cut down to the lowt ;( |)oint, and kei)t olT to the last moment. To stave off as long as possible, to reduce as low as possible, to defeat whenever possible, will be the tactics of federal legislation; and when at last some object of national oxpenditnre has miraculously run the gauntlet of all these assaults, and escaped the perils of these multi- plied dangers, K-hold the enemy still ahead, and tli'_> rt'captui-e which awaits the devoted appro- priation, in the shape of an unexpended balance, on the first day of January then next ensuing. Thus it is already; distribution has occupied us all the session. A proposition to amend the constitution, to enable us to make the division, was brought in in the first month of the .session. The land bill followed, and engrossed months, to t he exclusion of national defence. Then came the deposit scheme, which absorbs the remainder of the session. For nearly seven months wc have bivn occupied with distribution, and the Senate has actually passed two bills to effect the same object, and to divide the same identical money. Two bills to divide money, while one bill cannot be got through for tlie great objects of national defence named in the constitution. AVe are now near the end of the seventh month of the session. The day named by the Senate for the termination of the session is long passed by ; the day fixed by the two Houses is close nt hand. The year is half gone, and the season for labor largely lost ; yet what is the state of the gi'neral, national, and most essential appro- priations ? Not a shilling is yet voted for forti- flcations; not a shilling for the ordnance ; un- thing for filling the empty ranks of the skeleton army; nothing for the new Indian treatieH- nothing for the continuation of the (^nnluiliuiil road; nothing for rebuilding the burnt-douii Tivasury ; nothing for the custom-house in \,w Orleans; nothing for extinguishing the ri^'lits of private corporators in the l.ouisville ciuial and making that great thoroughfare free |o th,' (•ommcrce of the West ; nothing for the western armory, and arsenals in the States whieli lum. none; 'lolhing for the extension of theeinnit court system to the new States of the West nml Southwest ; nothing for improving tlu' injut machinery; nothing for keeping the minis regularly supplied with meliils for eoinJn.^; nothing for the new marine hospitals; iioiliin- for the expensi's of the visitors now gone In tlii^ Military Academv, nothing fir the eliajn df posts and the military road along the Wtstiin and Northwestern frontier. All these, iitii| ,i long list of other objects, lemain without iitcnt to tliis day; and those who have kept tliciiinll' now coolly tuin upon us, and say the hkhkv cannot be expended if appropriated, and llmt.dli the first fund to be divided. Of the bills passed, iiiam- of the most essential character have been diiin'. ed for mi>nths, to the great injury of indiviilnnls and of the public service. Clerks and salmidl officers have been borrowing moiu'y at iisiny to support their families, while we, wholly nlisurli- ed with dividing surpluses, were wi'tlilioldiiij; from them their stipulated wagi's. Labdrorsat Harper's Ferry Armory have been witliont money to go to market for their families, ami some have lived thivo weeks without meat, because we must attend to the distribution liilL< before we can attend to the pay bills. DLsluiri!- ing officers have raisetl money on their own ac- count, to supply the want of approiuTitinns. Even the annual Indian Annuity Uill lias Imt just got through ; the Indians even — the imj Indians, as they were wont to be called— ivin they have had to wait, in want and misery, foi the annual stipends solemnly guarantiwl lij treaties. All this has already taken place un der the deplorable influence of the distribiitioa spirit. " The progress which the distribution 5|iirit has made in au.slu.U.ton ^ r ho m-w ln.h.tn IniUuK; V.r n■huihlit.^! tho hun.l-.lmvn :« .ur for thi' i-ustom-hoiiKc m N.w ^ .,...a ill tho I.01I1«V>1U' i'lUlul, f tho NVi'^t iiiul tht III for rn,.. viMtors now p)m« lo tlie "T" noth nu for tho ohuinnf :i lit a„.\t\umcwh..imv.K.,..^. tV 1 .. i.nihim: for tm- fn.ini m 't . upon u^,«"<» >*'\y »'";;"';"'-^ ■CmyKstVuUu.^ r • wl Of the hills imHH'.l,mm ''''"*.■• 1 . nmctor havV hoon .l>l;,y. t-^'''^"*:?l'^'"l^tw.rvofimlivi«s iH i)i!l ! tliiit word, «hirh liiw ll;;nrfd in so ninny sptrclics, wiiicli liiiH hoon the Muhjoct of ho inncli spicnlntion, whii'li iiiiH lictn llic ciiuHf of ho nnicli di-lncioii in tl>u pnhiic mind, and of so nnicli cxrilcd liop«> ; timt word Ih not in the liiil ! It is ciirrrnlly, stiiilionsly, systi'iniUicully vxcludcd, luid a form ofi'xpri'S^ion is adopted to cover nil the nioiu in the 'IVeasiiry, a small sum exeepted. altlionjr i\lipropnated hy law to tho most sarred and mwHsary ohjects, A reeaplnre of the appro- priated money is iiilended ; and thus the very iduntii'id money which wc a|ipnipriate at this (cHHion is to he Hcizod upon on the first day of .lammry, torn away from the oltjects to which it was (U'dicatt'd, and ahsorhcd in the fund for irinoral distrihution. And why? hccause the ciirniorant apjK'tito of distrihution prows as it fitils, and lieconu'S more ravenous hh it ^ror^cs. It get out for tiio surpluH ; now it takes the nn- ixpoiuled halanccs. save five millions; next year it will tiikc all. Hut it is Hulllcient to contcm])lato till' tliinf? as it is ; it is sufllcient to (Muitemplatc this bill as seizin;? upon the unexpi nded halances on tlie first day of January, regardless of the oliji'ctH to wliich tliey are appropriated ; and to witness its effect upon tho laws, tho [Milicy, and tlie existence of the federal government. 'Siicli, then, is tho progress of the distrihu- tiiin spirit ; a cormorant appetite, prowiu;; as it funis, ravening as it gorges ; sei/.inp; the aj)pro- |iriuti'd moneys, and leaving the federal govern- lurtii; to starve upon crnmhs, and to die of in- initiiin. Hut this appetite is not tho sole cause k this seizure. There is another reason for it, cimnected with the movements in this chamher, ami founded in tho deep-seated law of solf-prc- arvation. For six months the pnhiic mind has supply me « »"•' ~ ■.."^'ijiii' iijis Imt ■l«*n stimulated with tho story of sixty millions annual Indian Ann»>t,y ,i,'„,,„rHt'{ surplus money in tho Treasury; and two «""". .1... ,...>i.u,seven-llH r'B^^^^^,/^ „^,^,^ the grave Senate of tl.o United States carried tho rash joko of that illusory bs;vcration so far as to pass a bill to commence tk distrihution of that vast sum. It was the All tins "a» ""^""•'r Vi « itis'triliution^'"""'''' which was to do it, commencing its plorablo iulluencc ot Uic ■fwellins dividends on the 1st day of July, dcal- V HMhution siiirit^B'''i!t'"''"i ""'■ every ninety days, and completing which the "i^v>'\ __^ „„'„,„. Hthe splendid distribution of prizes, in the sixty- iiir million lottery, in eighteen months from 'it cominenccment of the drawing. It was two lonths ago that we passed this bill ; and all ittcnipts then made to convince the people that y wore deluded, were vain and useless. Sixty- lur millions they were promised, sixt3'-four lillions they were to have, sixty-four millions iiy began to want ; and slates and pencils were istas busy then in figuring out the dividends tlie sixty-four millions, to begin on the 1st July, as they now are in figuring out the ividemls under the forty, fifty, and sixty mil- ms, which are to begin on tho Ist of January iit. And now behold the end of the first their sl.pvdatod WHJ- ^^, ,^^,,_^ Ferry ^'l^^'^jX^^'^^^^^^^M CO to market lor mi" ^ lived thi-eo «"" must attend ",• °i \ iHK, weeks without niwt, iy^n^St^Uiedistributi..* supply the/ annual Inditi.- -"^'••■''"::;'rt':f«c,aw,i. IHior even 1 lij un (en- tile I I'S^X-dng beyond vts own iin^ ■ striking feature -U^h^^^^^^^^^ , ominous of ^^'^^Snally the pro- futvire exactions. J"^ "*^' ^ J,he Las to ^V^v^lc/^*; JXi,^vWc^^ ■Ind nothmg but the 2' i^AitaUc sll^ .en ; that ^«"'i jf,^;;^^^^^^^^^^^^ J Ich rematncd ''^ f.^..^^ ropvinti.ms Ml , for, and '^J^ "^f ^^Sponed and di r^' IdfuSX^^^^^^ l»c necdUil arV["l . ^,a,i„ot be uscdl chapter. Tho Ist of July is rome, hut tho sixty- four millions are not in tho 'I'nasnry ! It is not there; and any attempt to ci nnneiice tho distrihiilinn of that sum, according to llio terms of the land bill, would Imnkrnpt the 'i'reasMry, slop tho govcriuncnt, and cause (?(mi- gress (o he called t/ i ' 1. - . „s"|l,o vear produces more re- ng that the year p. ^^ .^ .^ ^^^^^^^ is wanting, is i ^ experience, it consonant ^'t^ ^^ ^^^^^, t,,^ 1 l^ia „ 1Q17 -2 and did wc not in the year l»YRi9'J Instead of tak- pty treasury in 1»A-^ j,,e T SBntothTcauLofthing.; should look ini ^^^g ,( . take for his jno Let me ^"^ ""''JtWn"?? and, learning this J cause of thmn*' . Redundant sup- , occordnigly. » .^ ^iii ^,.iekly jidental and tran. i™^ ^^^^^^ ^,,^,,^ self; if fovmdcjyn^J^ .;,,,,„,, ^ p,epartnotmereV^°,,„lnctof'>*n sense: it ^^a* t __^ ^^^^^ ^^ ieiiov. -- „ i„ vtras seen i" "^ '">- excessive ^^J^/^X,ro\n^\:^cr^ of tk im; was seen to be the transient f^'^lhTpaFr'^y^^'-^™"™'^ fflorescence of the p P.^ .^^ ^^^.^ ^.^,^^^^ ,rrcct itself, jhi^n i ^entbcexas- 1 be the conduct now, ^^^^^^^^,^^^^ me is seen to be u"^ ..nd when legiS' Taper sy^tc^^^l^iraV to correct^.., 'regulation J^^^^Sn of tbe rr«, ,n of the tariff ;J«^^!>';,:ecticB ,f ,,„„!; to actual settlers ;,^^i ^^^ p,,,,,; oni univj^vsal S^s^ ^,,,r all cse are the renic cause, anu . il may be fo""^:" J i^ a single mca- Ic remedy '?«^y,^\'^' exchangeable to, the public Janf Xfifty niacbincs an, Seven V»--nJ.''l„'r. that paper i. per- Biriking off paper , ui i i ^^^^.^ ^^ striking the grand 3"°^^' the Vands to tb( ,\ic lands, and »/«";.,. ^ public mM - ,ery ^^f^' f^S Snl^s'can car,1 as much as hi«.^ . per;thi tilling ."I tbecurvenc: culli id blic IS Ireasury •» ":,V;vith paper ; the cu Vcs are dcluge«l;A^;thjap ^ ^^^^^^^,^ g^ith.papen-:-'^;f their select. F«1^^?;trSiblefortlml or made to pay «^ Philip'* a^V"' U loaf^f' Ske bank advocates pold, ^"\/hL evil is in the unl paper. S;j^,^»e^^;,nd mthennckoki jutyYpapeHor'federalducs. the evil. Banks are our masters ; not one, hut seven hundred and fifty ! and this splendid federal Congress, like a chained and chastised slave, lies helpless and powerless at their feet. "Sir, I can see nothing but evil, turn on which side I may, from this fatal scheme of di- vidinp money ; not surplus money, but appro- priated funds ; not by an amendment, but by a derisory evasion of the constitution. Where is it to end ? History shows us that those who begin revolutions never end them ; that those who com- mence innovations never limit them. Here is a great innovation, constituting in reality — not in figure of speech, but in reality — a revolution in the form of our government. We set out to divide the surplus; we are now dividing the appropriated funds. To prevent all appropria- tions except to the powerful States, will bo the next step ; and the small States, in self-defence, must oppose all appropriations, and go for a di- Tision of the whole. They will have to stand to<^ther in the Senate, and oppose all appropria- tions. It will not do for the large States to take all the appropriations first, and the bulk of the distribution afterwards; and there will be no way to prevent it but to refuse all appro- priations, divide out the money among the States, and let each State lay it out for itself. A new surplus party will supersede the present surplus party, as successive factions supersede each other in chaotic revolutions. They will make Congress the qucestor of provinces, to col- lect mony for the States to adirinister. This will be their argument : the States know best what they need, and can lay out the money to the best advantage, and to suit themselves. One State will want roads and no canals ; another canals and no roads ; one will want forts, an- other troops ; one wants ships, another steam- ers; one wants high schools, another low schools ; one is for the useful arts, another is tor the tine arts, for lyceums, athenaeums, muse- ums, arts, statuary, painting, music; and the paper State will want all for banks. Thus will things go on, and Congress will have no appro- priation to make, except to the President, and his head clerks, and their under clerks. Even our own pay, like it was under the confedera- tion, may be remitted to our own States. The eight dollars a day may be voted to them, and supported by the argument that they can get hotter men for four dollars a day ; and so save jhalf the money, and have the work better done. iSuch is the progress in this road to ruin. Sir, ihay of this measure, as I said of its proponi- r, the land bill : if I could be willing to let iVil pass, that good might come of it, I should willing to let this bill pass. A recoil, a reac- 1% a revulsion must take place. This con- ideracy cannot go to ruin. This Union has a ilace in the hearts of the people which will save trora nullification in disguise, as well as from lullificatioii in arms. One word of myself. It now ten years since schemes of distribution re broached upon this floor. They began Vol. L— 42 with a senator from New Jersey, now Secretary of the navy (Mr. Dickerson). They were denounced by many, for their unconstitutional- ity, their corrupting tendencies, and their fatal effects upon the federal and State governments. I took my position then, have stood ii;"jn it during all the modifications of the original scheme ; and continue standing upon it now. My answer then was, pay the public debt and reduce the taxes ; my answer now is, provide for the public defeuces, reduce the taxes, and bridle the paper system. On this ground I have stood — on this I stand ; and never did I feel more satisfaction and more exultation in my vote, when tri\imphant in numbers, than I now do m a minority of six." The bill went to the House, and was concurred in by a large majority — one hundred and fifty- five to thirty-eight — although, under the name of distribution, there was no chance for it to pass that House. Deeming the opposition of this small minority courageous as well as meri torious, and deserving to be held in honorable remembrance, their names are here set down ; to wif. : Messrs. Michael W. Ash, James M. H. Beale, Benuing M. Bean, Andrew Beaumont, John W. Brown, Robert Burns, John F. II. Claiborne, Walter Coles, Sanniol Cushman, George C. Dromgoolc, John Fairfield, William K. Fuller, Ransom H. Gillet, Joseph Hall, Thomas L. Hamer, Leonard Jarvis, Cave Johnson, Gerrit Y. Lansing, Gideon Lee, George Loyall, Abijah Mann, jr., John Y. Mason, James J. McKay, .John McKeon, Isaac JlcKim, Gorham Parks, Franklin Pierce, Henry L. Pinckuey, John Roane, James Rogers, Nicholas Sickles, William Taylor, Francis Thomas, Joel Turrill, Aaron Vanderpoel, Aaron Ward, Daniel Wardwell, Henry A. Wise. The bill passed the House, and was approved by the President, but with a repugnance of feel- ing, and a recoil of judgment, which it required* great efforts of friends to overcome ; and with a regret for it afterwards which he often and' publicly expressed. It was a priof that his name was seen to such an act. It was a most unfortunate act, a plain evasion of the constitu- tion for a bad purpose— soon gave a sad over- throw to the democracy — and disappointed every calculation made upon it. Politically, it was no advantage to its numerous and emulous support- ers — of no disservice to its few determined oppo- nents — only four in number, in the Senate, the two scna ors from Mississippi voting against it, for reasons found in the constitution of their ^ '! 65S THIRTY YEARS' VIEW. State. To the States, it was of no advantage, raising expectations which were not fulfilled, and upon which many of them acted as realities, and commenced enterprises to which they were inadequate. It was understood that some of Jlr. Van Buren's friends favored the President's approval, and recommended him to sign it — in- duced by the supposed effect which its rejection might have on the democratic party in the elec- tion. The opponents of the bill did not visit the President to giye him their opinions, nor had he heard their arguments. If they had seen him, their opinions concurring with his own feelings and judgment, his conduct might have been different, and the approval of the act withheld. It might not have prevented the act from becoming a law, as two thirds in each House might have been found to support it; but it would have deprived the bill of the odor of his name, and saved himself from sub- sequent regrets. In a party point of view, it was the commencement of calamities, being an efficient cause in that general suspension of specie pa3'ments, which quickly occurred, and brought so much embarrassment on the Van Burcn administration, ending in the great demo- cratic defeat of 1840. But of this hereafter. CHAPTER CXLIII. RECIIARTER OF THE DISTRICT BANKS-SPEEOn OF MK. BENTON: THE PARTS OF LOCAL AND TEMPORARY INTEREST OMITTED. "Mr. Benton rose to oppose the passage of the bill, notwithstanding it was at the third read- ing, and that it was not usual to continue oppo- sition, which seemed to be useless, at that late stage. But there were occasions when he never took such things into calculation, and when he continued to resist pernicious measures, regard- less of common usages, as long as the forms of parliamentary proceeding would allow him to go on. Thus he had acted at the passing of the United States Bank charter, in 1832 ; thus he did at the passing of the resolution against Pre- sident Jackson, in 1834 ; and thus he did at the l>aesing of the famous land bill, at the present session. He had continued to speak against all these measures, long after speaking seemed to be of any avail ; and, far from regretting, he had reason to rejoice at the course that ho had pur- sued. The event proved him to be right ; for all these measures, though floated through this chamber upon the swelling wave of a resistless and impatient majority, had quickly nm their brief career. Their day of triumph had been short. The bank charter perished at the first general election ; the condemnatory resolution was received by the continent in a tempest of execration ; and the land bill, that last hope of expiring party, has dropped an abortion from the Senate. It is dead even here, in this cham- ber, where it originated — where it was once so omnipotent that, to speak against it, was deemed by some to be an idle consumption of time, and by others to be an unparliamentary demonstra- tion against the ascertained will of the Hoiife. Yet, that land bill is finished. That brief can- dle is out. The Senate has revoked that bill ; has retracted, recanted, and sung its palinode over that unfortunate conception. It lias sent out a committee — an extraordinary committee of nine — to devise some other scheme for divid- ing that same money which the land bill divides! and, in doing so, the Senate has authcnticallr declared a change of opinion, and a revocation of its sentiments in favor of that bill. Thns it has happened, in recent and signal cases, tiiat, by continuing the contest after the battle seemed to be lost, the battle was in fact gained ; and so I it may be again. These charters may yet be defeated ; and whether they will be or not, is I nothing to me. I believe them to be wrong- greatly, immeasurably wrong ! — and shall con- tinue to oppose them without regard to calcula- 1 tions, or consequences, until the rules of par- liamentary proceeding shall put an cndtothoj contest. Mr. B. said he had moved for a select) committee, at the commencement of the session,! to examine into the condition of these banks,] and he had done so with no other object than! to endeavor to provide some checks and piardsj for the security of the country against the abuses I and excesses of the paper sj'stem. The select! committee had not been raised. The standing Committee on the District of Columbia iiad been charged with the subject ; and, seeing that they had made a report adverse to his opinions, anij brought in a bill which he could not sanetioii it would be his part to act upon the meaji materials which hod been placed before theSeoi ANNO 1836. ANDREW JACKSON, PRESIDENT. 659 . and far from regretting, he had ccatthecour-scthathehadpur- ,cnt proved him to be nghf, for, ures, though floated through h,s ahe swelling wave of a resist ess tn^ajority, had quickly nmUw Their day of triumph had bo. n bank charter Fri«^»cd at the ..>t ion -the condemnatory resolution bv' the continent in a tempest of and the land bill, that last hope of :ty, has dropF^ an abortion from It is dead even here, in this Cham- toriginated-whereitwasonccso that, to speak against it, was dec™ beak idle consumption of tmc, and be an unparliamentary dcmojstra- ,t the ascertained will of the I on.e. .nd bill is finished. That ^^ -; The Senate has revoked thatblK ted recanted, and sung its pahncle unfortunate conception. It has sent .txiittee-an extraordinary comm-ttoe rdevise some other scheme l^>rd,vri. le money which the land bill dKub! Zl so, the Senate has authent.ally 1 change of opinion, and a rcvocat™ iment' in favor of that bill. Thus,, ned in recent and signal cases, that UnVthe contest after the battle seemed the battle was in fact gain«l-, and .0 acain. These charters may yet be and Whether they will be or not. « tn::mXu'-^^^^»r- '^sequences, until the rules of par- Tproceeding shall put an endtoO.1 Mr B. said he had moved for a select ' fn the condition of these banb, KllowHh no other object tU t to po^e some checks and J eXfthecountry against Ujeaujj ^s of the paper system, h^^ I „,i nut been raised. J "c «auuiuj ate, and endeavor to accompliah as a member of that body, what could have been attempted, with better prospects of success, as a member of a committee which had had tho management of the subject. " Mr. B. sai'! ho had wi.shed to have been on a select committee for the charter of these banks ; he wished to have revived the idea of a bank without circulation, and to have disconnected the government from the banking of the district, lie had failed in his attempt to raise such a committee; and, as an individual member of the Senate, he could now do no more than men- tion in debate the ideas which ho would have wished to have ripened into legislation through the instrumentality of a committee. "Mr. B. said he had demonstrated that no bank of circulation ought to be authorized in this district ; and, ho would add, that none to furnish currency, except of large notes, ought to be authorized any where ; yet what are we doing ? We are breeding six little corporations at a birth, to issue $2,250,000 of paper currency : and on what terms ? No bonus ; no tax on the capital ; none on the circulation ; no reduction of interest in lieu of bonus or tax ; no specie but what the stockholders please to put in ; and no liability on the part of the stockholders for a failure of these corporations to redeem their notes and pay their debts. This is what we are doing ; and now let us see what burdens and taxes these six corporations will impose upon the business part of tho community — the pro- ductive classes among which they arc to be per- petuated. First, there is tho support of these six corporation governments ; for every bank must have a government, like a State or king- dom; and the persons who administer these corporation governments must be paid, and paid by the people, and that according to the rates fixed by themselves and not by the people. Each of these six banks must have its president, cashier, clerks, and messengers ; its notary pub- lic to protest notes ; and its attorney to bring suits. The aggregate salaries, fees, and perqui- (ites, of all these officers of the six banks will j be the first tax on the people. Next comes the its to the stockholders. Tho nett profits of banks are usually eight to ten per cent, at I present; the gross profits are several per cent. jBore; and the gross profits are what the people jP»y. Assuming the gross profits to be twelve per cent., and the annual levy upon the com- munity will be about $270,000. The third loss to tho community will be on the fluctuations of prices of labor and property, and tho rise and fall of stocks, from the expansions and contrac- tions of currency, produced by making money plenty or scarce, as it suits the interest of the bank managers. This item cannot bo calculated, . and depends entirely upon the moderation and consciences of the Neptunes who preside over the flux and reflux of the paper ocean ; and to Avhom all tides, whether of ebb or flow, and all conditions of the sea, whether of calm or storm, are equally welcome, equally auspicious, and equally productive. Then come three other heads of loss to the community, and of profit to the bank : loss of notes from wear and tear, coun- terfeits imposed upon the people for good notes, and good notes rejected by tho banks for coun- terfeits ; and then tho loss to the holders from the stoppage and failure of banks, and the shav ing in of notes and stocks. Such are the bur dens and taxes to be imposed upon the people to give them a paper currency, when, if the paper currency were kept away, and only large notes used, as in France, they would have a gold and silver currency without paying a tax to any body for it, and without being subject to any of the frightful evils resulting from the paper system. " Objecting to all banks of circulation, but not able to suppress them entirely, Mr. B. sug- gested some ameliorations in the charters pro- posed to be granted to render them less dan- gerous to tho community. 1. The liability of the stockholders for all the debts of the institu- tion, as in the Scottish banks. 2. The bank stock to be subject to taxation, like other pro- perty. 3. To issue or receive no note of less than twenty dollars. 4. The charters to be rcpealablc at the will of Congress : and he gave reasons for each of these improvements ; and first for tho liability of the stockholders. Ho said : " Reasons for this liability were strong and palpable. A man that owes should pay while he has property to pay with ; and it is iniquitous and unjustifiable that a bank director, or stock- holder, should riot in wealth while the business part of the community should hold the bank notes which thoy have put into circulation, and be able to get nothing for them after the bank had closed its doors. Such exemptions are con* 660 THIRTY YEARS' VIEW. pv lis ti I;! trary to the rights of tlio community, and ono of the great causes of the failure of banks. A liability in the stockbrokera is ono of the best securities which the public can have for the cor- rect management and solvency of the institution. The famous Scottish banks, which, in upwards of one hundred years' operations, had neither once convulsed the country with contractions and expansions, nor once st-oppcd payment, were constituted upon this principle. All the country banks in P^ngland, and all the bankers on the continent of Europe, were liable to a still greater degree ; for in them each stockholder, or part- ner, was liable, individually, for the whole amount of the debts of the bank. The princi])le proposed to be incorporated in these charters strikes the just medium between the common law principle, which makes each partner liable for the whole debts of the firm ; and the corpo- ration principle in the United States, which absolves each from all liability, and leaves the penniless and soulless carcase of a defunct and eviscerated bank alone responsible to the community. Liability to the amount of the stock was an equitable principle, and with sum- mary process for the recovery of the amounts of notes and deposits, and the invalidity of transfers of stock to avoid this liability, would be found a good remedy for a great evil. If the stockholders in the three banks which stopped payment in this city during the panic session had been thus liable, the notes would not have been shaved out of the hands of the holders ; if the bank which stopped in Batimore at the same time, had been subject to this principle, the riots, which have aflBicted that city in consequence of that stoppage, would not have taken place. Instead of these losses and riots, law and remedy would have prevailed ; every stockholder would have been summoned before a justice of the peace— judgment granted against him on motion — for the amount held by the complainant ; and so on, until all were paid, or he could plead that he had paid up the whole amount of his stock." The evil of small notes he classed under three general heads : 1. The banishment of gold and silver. 2. Encouragement to counterfeiting. 3. Throwing the burthens a ad losses of the paper system upon the laboring and small- dealing part of the community, who have no share in the profits of banking, and should not be made to bear its losses. On these points, he said : "The instinct of banks to sink their circula- tion to the lowest denomination of notes which can be forced upon the community, is a trait in the system universally proved to exist wherever banks of circulation have been permitted to give a currency to a country ; and the effect of that instinct has always been to banish gold and silver. When the Bank of England was chartered, in the year 1G94, it could issue no note less than £100 sterling; that amount was gradually reduced by the persevering efforts of the bank, to £50; then to X20; then to £15; then to £10 ; at last to £5 ; and finally to £2 and £1. Those last denominations were not reached until the year 1797, or until one hundnj and three years after the institution of the bank ; and as the several reductions in the size of the notes, and the consequent increase of paper currency took place, gold became more and more scarce ; and with the issue of the one and two pound notes, it totally disappeared fr'>m the country. "This effect was foretold by all political economists, and especially by Mr. Burke, tlien aged and retired from public life, who wrote from his retreat, to Mr. Canning, to say to Mr. Pitt, the Prime Minister, these prophetic words: < If this bill for the one and two pounds is per- mitted to pass, we shall never see another guinea in England.' The bill did pass, and the predic- tion was fulfilled ; for not another guinea, half guinea, or sovereign, was seen in England, fir circulation, until the bill was repealed two and twenty years afterwards ! After remaininir nearly a quarter of a century without a goM ciiculation, England abolished her one and two j pound notes, limited her paper currency to £5 j sterling, required all Bank of England note? to I be paid in gold, and allowed four years for tlic j act to take effect. Before the four years were out, the Bank of England reported to Parliament [ that it was ready to begin gold payments ; ar commenced accordingly, and has continued tlicni j ever since. " The encouragement of counterfeiting wa-sthej next great evil which Mr. B. pointed out as Ic-] longing to a small note currency ; and of all tkj denominations of notes, he said those of one anJl two pounds in England (correspondinp; witlij fives and tens in the United States), were thosiT to which the demoralizing business of counter! feiting was chiefly directed ! They were tliJ ANNO 1836. ANDREW JACKSON, PRISIDENT. 661 of banks to sink their circula. .St denomination of notes which pon the community, is a trait in ,emlly proved to exist whxTcver .lution have been permitted to , to a eomitry sand the effect f as always been to bamsh gold Vhen the Bank of England was the year 1094, it could issue no £100 8terUiig;tl^at amount WM xced by the persevering efforts of £50- then to X20; then to £15; at last to £5-, and finally to £2 Ue last denominations were not the year 1797, or until one hundred cars after the institution of the 8 the several reductions in the S./.C 9 and the consequent increase of n'cy took place, gold became more Je; and with the issue of the « »und notes, it totally disaproami St^;as foretold by all political 1 especially by Mr. Buvke, then ;etired from public life, who wrno 'etreat, to Mr. Canning, to say to Mr. rime Minister, these prophetic wonk b for the one and two pounds IS pcr- ,asB, we shall never see another pinoa , The bill did pass, and the prod.. hlfiUcd; for not another guinea, halt tereiU was -n in England J. , until the bill was repealed two and i \r. afterwards! After reniau,.,, uarter of a century without a goU England abolished her one an two 4 limited herpaper currency to £o Cured all Bank of England noteMo 'gl,and allowed four years forth L effect. Before the four years ^vero anfofEngland reported toParlia- t ready to begin gold payments; and fd^cllordinglylandhascontinucdtta] fc;couragementof counterfeiting yn.stl« tt evil which Mr. B. pointed onus - L small note currency, and of aim. LonTof notes, he said thoseoo,.j Ll, in England (corresponding 'tl I tens in the United States), were tho. trc demoralising business of coinu. s chiefly di They were tl>. chosen game of the forging drpredator! and tluit, for the obvious reasons that fives and tens were small enough to pass currently among pcr- guiis not much acquainted with bank paper, and large enough to afford some profit to compcn- satu for the expense and labor of producing the counterfeit, and the risk of passing it. Below (ivo>, the profits are too small for the labor and risk. Too many have to be forged and passed before an article of any value can Ins purchased ; and the change to be got in silver, in passing one for a small article, is too little. Of twenty and upwards, though the profit is greater on passing them, yet the danger of detection is also greater. On account of its larger size, the note is not only more closely scrutinized before it is received, and the passer of it better remem- bered, but the circulation of them is more con- fined to business men and large dealers, and silver change will not be given for them in buy- ing small articles. The fives and tens, then, in the United States, like the £1 and £2 in Eng- land, are the peculiar game of counterfeiters, and this is fully proved by the criminal statistics of the forgery department in both countries. According to returns made to the British Parlia- ment for twenty-two years — from 1797 to 1819 —the period in which the one and two pound notes were allowed to circulate, the whole number of prosecutions for counterfeiting, or passing counterfeit notes of the Bank of Eng- land, was 998: in that number there were 313 capital convictions ; 530 inferior convictions ; and 155 acquittals : and the sum of £249,900, near a million and a quarter of dollars, was expend- ed by the bank in attending to prosecutions. Of this great number of prosecutions, the re- turns show that the mass of them were for offences connected with the one and two pound notes. The proportion may be distinctly seen in the number of counterfeit notes of different denominations detected at the Bank of England in a given period of time — from the 1st of January, 1812, to the 10th of April, 1818— being a period of six years and three months out of the twenty-two years that the one and two pound notes continued to circulate. The detec- tions were, of one jx)und notes, the number of lu',238 ; of two pound notes, 17,787 ; of five pound notes, 5,820 ; of ten pound notes, 419 ; of twenty pound notes, 54. Of all above twenty pounds, 35. The proportion of ones and twos to the other sizes may be well seen in the tables for this brief period ; but to have any idea of the mass of counterfeiting done upon those small notes, the whole period of twenty-two years must be considered, and the entire king- dom of Great Britain taken in ; for the list only includes the number of counterfeits detected at the counter of the bank ; a place to which the guilty never carry their forgeries, and to which a portion only of those circulating in and about London could be carried. The proportion of crime connected with the small notes is here shown to be enormously and frightfully great. The same results are found in the United States. Mr. B. had looked over the statistics of crime connected with the counterfeiting of bank notes in the United States, and found the ratio between the great and small notes to be about the same that it was in England. He had had recourse to the most authentic data — Bicknell's Coun- terfeit Detector — and there found the editions of counterfeit notes of the local or State banks, to be eight hundred and eighteen, of which seven hundred and fifty-six were of ten dollars and under ; and sixty-two editions only were of twenty dollars and upwards. Of the Bank of the United States and its branches, he found eighty-two editions of fives ; seventy-one edi- tions of tens ; twenty-six editions of twenties ; and two editions of fifties ; still showing that in the United States, as well a« in England, on local banks as well as that of the United States, the course of counterfeiting was still the same ; and that the whole stress of the crime fell upon the five and ten dollar notes in this country, and their corresponding classes, the one and two pound notes in England. Mr. B. also exhibited the pages of Bicknell's Counterfeit Detector, a pamphlet covered over column after column with its frightful lists, nearly all under twenty dollars ; and he called upon the Senate in the sacred name of the morals of the country — in the name of virtue and morality — to endeavor to check the fountain of this crime, by stopping the issue of the description of notes on which it exerted nearly its whole force. "Mr. B. could not quit the evils of the crime of counterfeiting in the United States without remarking that the difficulty of legal detection and punishment was so great, owing to the distance at which the counterfeits were circulated from the banks purporting to issue 662 THIRTY YEARS' VIEW. m them, and the still greater difficulty (in most cases impossible) of getting witnesses to attend in person, in States in which they do not reside, the counterfeiters all choosing to practise their crime and circulate their forgeries in States which do not contain the banks whoso paper they arc imitating. So difficult is it to obtain the attendance of witnesses in other States, that the crime of counterfeiting is almost practised with impunity. The notes under $20 feed and supply this crime; let them be stopped, and ninety-nine hundredths of this crime will stop with them. " A third objection which Mr. B. urged against the notes under twenty dollars was, that nearly the whole evils of that part of the paper system fell upon the laboring and small deal- ing part of the community. Nearly all the counterfeits lodged in their hands, or were shared out of their hands. When a bank failed, the mass of its circulation being in small notes, sunk upon their hands. The gain to the banks from the wear and tear of small notes, came out of them ; the loss from the same cause, falling upon them. The ten or twelve per cent, annual profit for furnishing a currency in place of gold and silver (for which no interest would be paid to the mint or the government), chiefly falls upon them ; for the paper currency is chiefly under twenty dollars. These evils they almost exclusively bear, while they have, over and above all these, their full proportion of all the evils i > suiting from the expansions and contractions which are incessantly going on, totally destroying the standard of value, periodically convulsing the country ; and in every cycle of five or six years making a lottery of all property, in which all the prizes are drawn by bank managers and their friends. " He wished the basis of circulation through- out the country to be in hard money. Farmers, laborers, and market people, ought to receive their payments in hard money. They ought not to be put to the risk of receiving bank notes in all their small dealings. They are no judges of good or bad notes. Counterfeits ure sure to fall upon their hands ; and the whole business of counterfeiting was mainly directed to such notes as they handle — those under twenty dollars. " Mr. B. said be here wished to fix the atten- tion of those who were in favor of a respectable paper currency — a currency of respcctable-sizej notes of twenty dollars and upwards — on the great fact, that the larger the specie basis, the larger and safer would bo the superstructure of paper which rested upon it ; the smaller that specie basis, the smaller and more unsafe must be the paper which rested on it. The currency of England is $300,000,000, to wit: £8,000,000 sterling (near $40,000,000) in silver ; £22,000,000 sterling (above $100,000,000) in gold; and about £30,000,000 sterling (near $150,000,000) in bank notes. The currency of the United States is difficult to be ascertained, from the multitude of banks, and the incessant ebb and flow of their issues; calculations vary; but all put the paper circulation at less than $100,000,000; and the proportion of specie and paper, at more than one half paper. This is agreed upon all hands, and is sufficient for the practical result that an increase of our specie to $100,000,000 and the suppression of small notes, will give a larger total cu-culation than we now have, and a safer one. The total circulation may then be $200,000,000,in the proportions of half paper and half specie ; and the specie, half gold and half silver. This would be an immense improve- ment upon our present condition, both in quan- tity and in quality ; the paper part would bfr come respectable from the suppression of notes under twenty dollars, which are of no profit ex- cept to the banks which issue them, and the counterfeiters who imitate them ; the specie part would be equally improved by becoming one half gold. Mr. B. could not quit this im- portant point, namely, the practicability of soon obtaining a specie currency of $100,000,000, and the one half gold, without giving other proofs to show the facility with which it has been every where done when attempted. He refer- red to our own history immediately after the Revolution, when the disappearance of pai)er money was instantly followed, as if by magic, by the appearance of gold and silver; to France, where the energy of the great Napoleon, then | first consul, restored an abundant supply of gold and silver in one year ; to England, where the j acquisition of gold was at the rate of $24,000,0 per annum for four years after the notes under j five pounds were ordered to be suppressed ; andj he referred with triumph to our own present j history, when, in defiance of an immense s powerful political and moneyed combin»tioiij ANNO 1836. ANDREW JACKSON, PRESIDENT. 663 -a currency of respcctable-sizea y dollars and upwards-on the the larger the specie basis, the . would be the superstructure of estcd upon if, the smaller that ,e smaller and more unsafe must rhich rested on it. The currency 16300000,000, to wit: X8,000,000 j40000,000)insilver;£22,000,000 re 8100,000,000) in gold; and ) 000 sterling (near $150,000,000) ,g The currency of the United Icult to be ascertained, from the banks, and the incessant ebb and ssues; calculations vary, butallput culation at less than $100,000,000; ,ortion of specie and paper, at more f paper. This is agreed upon all , sufficient for the practical result, ^!L of our specie to $100,000,000, pression of small notes, will give a circulation than we now have, and The total circulation may then to )0,intheproi>ortionsofhalfpaperand .^nd the specie, half gold and halt 'is would be an immense improve- our present condition, both in quun- .quality; the paper part would be- ctable from the suppression of notes Udollar8,whichareofnoprofiex- e banks which issue them, and the ers who imitate them; the specie d be equally improved by bccommg bid Mr. B. could not quit this ira- \.J namely, the practicability of soon Ercur;ncy'of$100,000,000,a„d hf gold, without giving other proofs he facility with which it has been re done when attempted Ih^reer- .own history immediately after the ; when the disappearance of pa^r ; instantly followed, as if by mag.^ .earanceofgoldand silver; to France, energy of the great Napoleon, then d restoredanabundantsupplyofgod 4 one year; to England^- ; of gold was at the rate of $24,0U0,mu , J four years after the notes «n^ Is were ordered to be suppressed, and dwth triumph to our own pre.en 'hen in defiance of an immense and po^t cal and moneyed combu^t.oa against gold, we will have acquired about ^20,000,000 of that metal in the two concluding years of President Jackson's administration. " Mr. B. took this occasion to express his re- gret that the true idea of banks seemed to be lost in this country, and that here we had but little conception of a bank, except as an issuer of currency. A bank of discount and deposit, in contradistinction to a bank of circulation, is hardly thought of in the United States ; and it may be news to some bank projectors, who sup- pose that nothing can be done without banks to issue millions of paper, to learn that tlie great bankers in London and Paris, and other capitals of Europe, issue no paper ; and, still more, it may be news to them to learn that Liverpool and Manchester, two cities which happen to do about as much business as a myriad of such cities as this our Washington put together, also happen to have no banks to issue currency for them. They use money and bills of exchange, and have banks of discount and deposit, but no banks of circulation. Mr. Gallatin, in his Essay upon Currency, thus speaks of them : " ' There are, however, even in England, where incorporated country banks issuing paper are as numerous, and have been attended with the «iime advantages, and the same evils, as our country banks, some extensive districts, highly industrious and prosperous, where no such bank does exist, and where that want i.: supplied by bills of exchange drawn on Londo.», This is the case in Lancashire, which includes Liverpool and Manchester, and where such bills, drawn at ninety days after date, are indorsed by each successive holder, and circulate through numer- ous persons before they reach their ultimate destination, and are paid by the drawc«.' "Mr. B. greatly regretted that such banks as those in Liverpool and Manchester were not in TOgue in the United States. They were the right kind of banks. They did great good, and were wholly free from mischief. They lent money; they kept money; they transferred credits on books ; they bought and sold bills of exchange ; and these bills, circulating through many hands, and indorsed by each, answered the purpose of large bank notes, without their dangers, and became stronger every time they were passed. To the banks it was a profitable business to sell them, because they got both ex- clunge and interest To tK commercial com- munity they were convenient, both as a remit- tance and as funds in hand. To the community they were entirely safe. Banks of discount and deposit in the United States, issuing no currency, and issuing no bank note except of $100 and upwards, and dealing in exchange, would be en- titled to the favor and contidence of the people and of the federal government. Such banks only should be the dejiositories of the public moneys. " It is the faculty of issuing paper currency which makes banks dangerous to the country, and the height to which this danger has risen in the United States, and the progress which it is making, should rouse and alarm the whole community. It is destroying all standard of value. It is subjecting the country to demoraliz- ing and ruinous fluctuations of price. It is mak- ing a lottery of property, and making merchan- dise of money, which has to be bought by the ticket holders in the great lottery at two and three per cent, a month. It is equivalent to the destruction of weights and measures, and like buying and selling without counting, weighing, or measuring. It is the realizuiion, in a differ- ent form, of the debasement and arbitrary alter- ation of the value of coins practised by the kings of Europe in former ages, and now by the Sultan of Turkey. It is extinguishing the idea of fixed, moderate, annual interest. Great duties are thus imposed upon the legislator ; and the first of these duties is to revive and favor the class of banks of discount and deposit ; banks to make loans, keep money, transfer credits on books, buy and sell exchange, deal in buiuoa ; but to issue no paper. This class of banks should bo revived and favored; and the United States could easily revive them by confiding to them the public deposits. The next great duty of the legislator is to limit the issues of banks of circu- lation, and make them indemnify the community in some little degree, by refunding, in annual taxes, some part of their undue gains. "The progress of the banking business is alarming and deplorable in the Unite*! States. It is now computed that there are 750 banks and their branches in operation, all having au- thority to issue currency ; and, what is worse, all that currency is receivable by the federal government. The quantity of chartered bank capital, as it is called, is estimated at near $800,000,000 ; the amount of this capital re- ll '% 664 TFIIUTY A'EAHS' VIEW. ported by the banks to have Veen paid in is about $300,000,000 ; and the qnantitj- jf paper money which they are authorized by their char- ters to issue is alioiit f(!7r)0,000,000. IIow much of this U actuall)' issued can never l)c knoivn with any precision ; for such are the fluctuations In the amount of a paper currency, flowing from 750 foiantains, that the circulation of one day cannot be relied upon fi ir the next. The amount of capital, reported to be paid in, is, however, well ascertained, and that is fixed at ^300,000,000. This, upon its face, and without recourse to any other evidence, is proof that our banking s^'stem, as a whole, is unsolid and delusive, and a fright- ful imposition upon the people. Nothing but specie can form the capital of a bank ; there arc not above sixtj' or seventy millions of specie in the country, and, of that, the banks have not the one half Thirty millions in specie is the extent ; the rcmiiinder of the capital must have been made up of that undefinable material called ' specie funds,' or ' funds equivalent to specie,' the fallacy of which is establishcl by the facts already stated, and which show that all < le specie in the country put together is not su J- cient to meet the one fifth part of these ' specie funds,' or 'funds equivalent to specie.' The equivuiinl, then, does not exist ! credit alone exists ; and any general attempt to realize these ' specie funds,' and turn them into specie, would explode the whole banking system, and cover the country with ruin. There may be some solid and substantial banks in the country, and undoubtedly tb^^re are better and worse among them ; buc as a whole — and it is in that point of view the community is interested — as a whole, the .system is unsolid and delusive ; and there is no safety for the country until great and radical reforms are effected. • " The burdens which these 750 banks impose upon the people were then briefly touched by jMr. B. It was a great field, which he had not time to explore, but which could not, in justice, be entirely passed by. First, there were the sala- ries and fees of 750 sets of bank officers : presi- dents, cashiers, clerks, messengers, notaries pub- lic to protest notes, and attorneys to siie on them ; all these had salaries, and f'ood salaries, paid by the people, though the people had no hand in fixing these salaries : next, the profits to the stockholders, which, at an average of ten per centum gross would g' ^e thirty millions of dollars, all levied upon the people; then came the profits to the brokers, first cousins to the bankers, for changing notes for money, or for other not'?s at par ; then the gain to th'o banks and their friends on speculations in property, merchandise, produce, and stocks, during the periodical visitations of the expansions and con- tractions of the currency ; then the gain from the wear and tear of notes, which is so much loss to the i)cople ; und, finally, the great chap- ter of counterfeiting which, without being pro- fitable to the bank, is a great burden to the peo- ple, on whose hands all the counterfeits sjnli. The amount of these burdens he could not com- pute ; but there was one item about which tiicre was no dispute — the salaries to the oflBcers and the profits to the stockholders — and this pre- sented an array of names more numerous, and an amount of money more excessive, than was to be found in the ' Blue Book,' with the Army and Navy Register inclusive. " Mr. B. said this was a faint sketch of the burdens of the banking system as carried on in the United States, where every bank is a coiner of paper currency, and where every town, in some States, must have its banks of circulation. while such cities as Liverpool and Manchester have no such banks, and where the paper momv of all these machines receive wings to fly ovw the whole continent, and to infest the whole land, from their universal receivability by the federal government in payment of all dues at their custom-houses, land-offices, post-office*. and by all the district attorneys, marshaKs, and clerks, employed under the federal judiciary. The improvidence of the States, in chartering such institutions, is great and deplorable ; but their error was trifling, compared to the impro- vidence of the federal government in taking tlie paper coinage of all these banks for the currencv of the federal government, maugre that clause in the constitution which recognizes nothing but gold and silver for currency, and which was in- tended for ever to defend and preserve this Union from the evils of paper money. " Mr. B. averred, with a perfect knowledge of the fact, that the banking system of the United States was on a worse footing than it was in any I country upon the face of the earth ; and that, in j addition to its deep and dangerous defects, it was also the most expensive and burdensome, and gave the most undue advantages to one part I 6. fM ANNO 1836. ANDREW JACKSON, PRESIDENT. 665 ictl upon the F"!'!*' "> ^^^^ ^^^^ the brokers, first coushis to the Hinging notes for money, or for par ; then the gain to tho banks nds on speculations in property, produce, and Rtocks, during the tations of the expansions and con- h.e currency ; then the gain from tear of notes, which is so much ■ople ; ftnd, finally, the great chap- pfeiting which, without being pro- bank, is a great burden to the pco- B hands all the counterfeits sink. of these burdens he could not cotn- ,ere was one item about which there ite— the salaries to the officers and ;o the stockholders— and this pre- ray of names more numerous, and of money more excessive, than was in the 'Blue Book,' with the Army legister inclusiye. i5aid this was a faint sketch of the the banking system as carried on in States, where every bank is a coinor urrcncy, and where every town, in s must have its banks of circulation, cities as Liverpool and Manchester ch banks, and where the pa^r mom y machines receive wings to fly over continent, and to infest the wliol. their universal receivability by the ^ernment in payment of all dues at torn-houses, land-offices, post-office=, the district attorneys, marshals, and iployed under the federal judiciary. .vidence of the States, in chartering (ution8,is great and deplorable ; but . was trifling, compared to theimpro- Ithe federal government in taking the ige of all these banks for the currency ■ral government, maugre that clause stitution which recognizes nothing but Elver for currency, and which was in- ever to defend and preserve this Union vils of paper money, averred, with a perfect knowledge o ,ftt the banking system of the United on a worse footing than it was in any ,>on the face of the earth ; and that,in .0 its deep and dangerous defects, it he most expensive and burdensome, Ve most undue advantages to one part of the community over another. He had no doubt but that this banking system wns more burdensome to the free citizens of the United gtates than ever the feudal system was to the filleins, and serfs, and peasants of Europe. And ivhat did they get in return for this vast bur- ien 1 A pestiferous currency of small paper ! ffhen they might have a gold currency without paying interest, or suffering losses, if their banks, like those in Liverpool and Manchester, issued no currency except as bills of exchange ; or, like the iJank of France, issued no notes but those of 500 and 1,000 francs (say $100 and $500) ; or even, like the Bank of England, issued no note under £5 sterling, and payable in gold. And with how much real capital is this banking sy-s- tem, so burdensome to the people of the United States, carried on? About $30,000,000 ! Yes; on about $30,000,000 of specie rests the $300,000,000 paid in, and on which the community are paying iutcrcst, and giving profits to bankers, and blind- ly yielding their faith and confidence, as if the whole $300,000,000 was a solid bed of gold and jilTcr, instead of being, as it is, one tenth part specie, and nine tenths paper credit ! " Other senators spoke -igainst the recharter of these banks, without tl.e amelioration of their charters which the public welfare required ; but without effect. The amendments were all re- jected, and the bill passed for the recharter of the whole six by a large vote — 26 to 14. The yeas and nays were : Yeas. — Messrs. Black, Buchanan, Calhoun, Clay, Crittenden, Cuthbert, Davis, Ewing of Ohio, Goldsborough, Hendricks, Hubbard, Kent, King of Alabama, Knight, Leigh, Naudain, Nicholas, Porter, Prentiss, Rives, Southard, Swift, Tallmadge, Tomlinson, Walker, Webster. Nays. — Messrs. Benton, Ewing of Illinois, King of Georgia, Linn, McKean, Mangum, Mor- ris, Niles, Robinson, Ruggles, Shepley, Wall, White, Wright. CHAPTER CXLIV. INDEPENDENCE OP TEXAS. DcRiNG several months memorials had been I coming in from public meetings in different cities 1 in favor of acknowledging the independence of I ttxas— the public feeling in behalf of the people of that small revolted province, stnni;: from the beginning of the contest, now inflamed info rnge from the massacres of the Alamo and of (Joliad. Towards the middle of May news of the vic- tory of San Jacinto arrived at Washington. Public feeling no longer knew any bounds. The people were exalted — Congress not less so — and a feeling for the acknowledgment of Texian independence, if not universal, almost general. The sixteenth of May — the first sitting of the Senate after this great news — Mr. Man- gum, of North Carolina, presented the proceed- ings of a public meeting in Burke county, of that State, praying Congress to acknowledge the in- depender of the young republic. Mr. Preston said : " The effects of that victory had opened up a curtain to a most magnificent scene. This invader had come at the head of his forces, urged on by no ordinary impulse — by an infuriate fana- ticism — by a superstitious Catholicism, goaded on by a miserable priesthood, against that in- vincible Anglo-Saxon race, the van of which now approaches the del Noric, It was at dnce a war of religion and of liberty. And when that noble race engaged in a war, victory was sure to perch upon their standard. This was not merely the retribution of the cruel war upon the Alamo, but that tide which was swollen by this extraordinary victory would roll on; and it was not in the spirit of prophecy to say where it would stop." ^Ir. Walker, of Missis- sippi, said : " He had, upon the 22d of April last, called the attention of the Senate to the struggle in Texas, and suggested the reservation of any surplus that might remain in the treasury, for the purpose of acquiring Texas from whatever government might remain the government de facto of that countrj'. At that period (said Mr. W.) no allusion had been made, he believed, by any one in either House of Congress to the situ- ation of affairs in Texas. And now (snid Mr. W.), upon the very day that he had called the attention of the Senate to this subject, it appeared that Santa Anna had been captured, and his army overthrown. Mr. W. said he had never doubted this result. When on the 22d of April last, resolutions were introduced before the Senate by the senator from Ohio (Mr. Mor- ris), requesting Congress to recognize the inde- pendence of Texas, he (Mr. W.) had opposed laying these resolutions on the table, and advo- cated their reference to a committee of the Senate. Mr. W. said he had addressed the Senate then under very different circumstances from those which now existed. The cries of if' -4 1. I * ml' K i =a^ 666 THIRTY YEARS' VIEW. the pxpiriiig prisoncm nt the Aliimo wvn tlu-n roHoiindiiip in our cars ; tho victorioiiH UHiirppr waH adviincin^; onward with hJH cxtcrniinutinK warfiiro, nnd, in thu mindu of many, all waH gloom and despondency ; hut Mr. VV\ said that tlie published report of our proecedings demon- strated that ho did not (ov a moment despond ; that his confidence in t)io rlHc of the W-jst was firm and unshaken ; and that he hud then de- clared that the sun was not more certain to set in the western horizon, than tliat Texas would maintain her independence ; and this sentiment ho had taken occasion to repeat in thu dcliato on this subject in the Senate on the Oth of May last. Mr. W. said that what was then predic- tion was now reality ; and his heart beat hif^h, and his pulse throbbed with delight, in contemplating this triumph of lilwrty. Sir (said Mr. W.), tho people of the valley of the Mississippi never could have |)ermitted Santa Ana and his myr- midons to retain the dominion of Texas." Mr. Walker afterwards moved tho reference of all the memorials in relation to Texas to tho Committee on Foreign Relations. If the accounts received from Texas had been official (for as yet there were nothing but newspaper accounts of the great victory), he would have moved for the immediate recognition of the Texian inde- pendence. Being unofficial, he could only move the reference to the committee in the expecta- tion that they would investigate the facts and bring the subject before the Senr.to in a suitable form for action. Mr. Webster said : "That if the people of Texas had established a government de facto, it was undoubtedly the duty of this government to acknowledge their independence. The time and manner of doing so, however, were all matters proper for grave and mature consideration. He should have been better satisfied, had this matter not been moved again till all the evidence had been collected, and until they had received official information of the important events that had taken place in Texas. As this pi-ocecding had been moved by a member of the adminis- tration party, he felt himself bound to under- stand that the Executive was not opposed to take the first steps now, and that in his opinion this proceeding was not dangerous or premature. Mr. W. was of opinion that it would be best not to act with precipitation. If this informa- tion was true, they would doubtless before long hear from Texas herself; for as soon as she felt that she was a country, and had a country, she would naturally present her claims to her neigh- bors, to be recognized as an independent nation. He did not say that it would be necessary to wait for this event, but he thought it would be discreet to do so. He would be one of the first to acknowledge the independence of Texas, on reasnnablo proof that she had established a i;ov. ernment. There were views connected with Texas which he would not now present, oh jj would bo preniHture to do ho ; but ho would ol>. serve that he had received some infonimtion from a respectable source, which turned Ihh at- tention to tho very signiilcant expression usid by Mr. MtmnHs in his message of 1822, that no Luro|)ean Power should ever be permitted to establish a colony on the American continent. He had no doubt that attempts would be niadv by some £uroi)ean govermnent to obtain a ci's- sion of Texas from the government of Mexico," Mr. King, of Alabama, counselled moderation and deliberation, although ho was aware that iji the present excited feeling in relation to Texas every prudent and cautious course would be misunderstootl, and a proper reserve be probably construe*! into hostility to Texian independence: but ho would, so long as ho remained a member on that floor, be regardless of every pi-rsonal consideration, and place himself in opposition to all measures which he conceived were calculattd to detract from the exalted character of this country for good faith, and for undeviating ad- herence to all its treaty stipulations. He then went on to say : " He knew not whether the information re- ceived of the extraordinary successes of the Tex- ans was to bo relied on or not ; he sincerely I hoped it might prove tnic ; no man here felt a i deeper detestation of the bloodthirsty wrctolns who had cruelly butchered their defenceless prisoners, than ho did ; but, whether true or | false, did it become wise, discreet, prudent men, bound by the strongest considerations to pre- serve the honor and faith of the country, to be I hurried along by the effervescence of feeling, and at once abandon the coursoj and, he would say, the only true course, which this government I has invariably, heretofore, pursued towards fo- reign powers ? We have uniformly (said Mr, [ K.) recognized the existing governments- governments de facto; we have not stopped to I inquire whether it is a despotic or constitutional I government; whether it is a republic or a des- J potisui. All we ask is, does a goverimient actu- ally J'xist ? and, Iraving satisfied ourselves of I that fact, we look no further, but recognize it as I it is. It was on this principle (suid Mr. K.)-l tl.is safe, this correct principle, that we recog-j nized what was called the Republic of France,! founded on the ruins of the old monarchy; then,! the consular government ; a little after, the ini-[ perial ; and when that was crushed by a combi- nalica of all Europe, and that extraordinarjj man who wielded it was driven into exile, ffd again acknowledged the kingly government ofl tho House of Bourbon, and now the constitU' tional King Louis Philippe of Orleans. ANNO 1830. ANDHKW JACKSON, TUESIDENT. 667 ,of th«t she had cBtnhliHhea a rov. iu.re wiTc vicwH connected with he w.mld not now nresent an ,i „atnretodo8«5l>"t»'Vr'''\°'" had received some jnforn.ation tal.le sourcp, which turned his at- : very KiRniflcant ^'^^'^U „e in his niesHaKC of 1H2-, t at no ,wer should ever be permitte.1 1„ olonyon the American contiiKnt. oubl that attempts would he mmle roi«an Rovernment to ohtam a cl> H from the government of Mexico,« of Alabama, counselled moderation iti(m, although ho was aware that in excited feeling in relation to Texas, cut and cautious course would be 3od and a proper reserve be probably nto hostility to Texian independence: lid so long as ho remained a mcmUT oor bo regardless of every personal on 'and place himself in opposition to C9 which he conceived were calculated from the exalted character of tEs ir good faith, and for undcviating ad- , all its treaty stipulations. He tkn o say : ,ew not whether the inforination it- he extraordinary successes of the fix- oSreliedonornot;hesmccrely Iht prove true; no man here felU K vtion of the bloodthirsty wretches cruelly butchered their defenceless than ho did; but, whether true or lit become wise, discreet, prudent men, ' the suonpest considerations to pn. honor and faith of the country to k long by the cllervescence o feel..?^ cc abandon the course, and, he vvo>,l ' Tv true course, which this governs Sv heretofore, pursued towans f>^ .ers? We have uniformly (said Ir. ni^ed the existing governmcnts-t e nt^defado; we have not stopped t i^^Hr is a despotic or constitutional f whether ItTs a republic era des- Ali ^e ask is, does a government actu-! T^n?! iMvinc satistted ourselves of Jo olnT^Vr, but recognize it. V ^ tliia nrinciple (suid Mr. K. - I was on this pr'."^'l",^ . . .„„o<,. n la^ iu"'° iuHp after, the im- "Sir (.said Mr. K.), we take things as tliey ire ; we ask not how governments are estab- lished — by what revoiiitioiiM tliey are brought into existence. T^et us see an iiufependent gov- (tniiient in Texas, and he would not be behind (lie sciiiitor from Mississippi nor the seniitor from South Carolina in pressing forwanl to its ivcDKiiition, and establishing with it the most tiinliiil and friendly relations." Mr. Calhoun went beyond all other speakers, anil advocated not only iniinediate rccogniticm of the independence of Texas, but her sinudta- ueoua admission into the Union ; was in favor of acting on both questions together, and at tlio present session ; and saw an interest in the slave- holding States in preventing Texas from having the power to annoy them. And ho said : "Ilowas of opinion that it would add more jtrength to the cause of Texas, to wait for a few Jay8, until they received official confirmation of the victory and capture of Santa Anna, in order toobtain a more unanimous vote in favor of the recognition of Texas. lie ha'■ V. r; ml 668 THIRTY YKARH' VIRW. mm mWr. uf TcxuM into tho Union, wiin liiH plan. Slio was lit war with Mi-xico — wc at jK'aci' : to in- rorporatc lii-r into thu Union, was to adopt liur war. We hud tivatii's of amity with Mi>xico: to join Ti'xas in tin* war, was to Ik> faithlcHS to those tivaticH. We had a pivnidrntial iK-clion «U<|i«.>ndin(; ; and to dittcusH tho (piesticin of Toxian admiHsiod into our Union, wiut to hrin^ thatcle- mi'nt int<» the cn;ivaH>», in which nil prudent men who woro advoPHc to tho afltnirtwion (as Mr. Van Itiiren ani iii|,| I freedom; and without which, no pcopji' ihhIi long iireserve the bleHsings of seli-govcmiiiiiii i{e|)ubli(;an govermnent was iiased on the imn. ciplcs of just'ce ; and for it to be aihuiiiistnn rMi any other, either in its foreign or domci nilairs, was to undermine its foun(ff this kind the question was only one of faot.i was but little calculated to coniproinit tla' | terests or honor of the United States; l)ut ( Hi ANNO 18:irt. ANDIIKW JACKSON, I'KKSIDKNT. 669 r innuH-y 5 wc wt-n- now, in ilu. r..,,. L II.. unci with ilu.|.u.;.viin.7"'^l'"-'i HuHVri...lnf..ur.-NM.'...T.Ya,n. ,,,.,-. iiiul .-..UH.MouK ol ..nr Mwmk '; ', ,hr .lu'ml ..l.l.jrutwM.s ol J.J ,H.H.utl., which luriM tl.r M.hH,,.,,-, r.i,mli.m's.-h..r«rt..r-rivut.u.>.,u,l Ul.l without Whi.-h. I... |..'0|.i ,1, ■ve the l.U'KHinit« of Hi'i;-H..v.'rnin. i„, , UoviTumout wiiK h,u*oa on llu; !«. mti.r; an-Hof it t-. be .uiin.mM.,..l l„.r oithor ii. itH foiriiii. or .lom.-i i to mxlennino its foumlntion iin.li„| overthrow." res concurrc.i In the ncccHsity f-r ca„. i snir eforeu'c Senate; ami s..n,e^nM.tk™. m.teere.1 their opinions m lulvamvoftl ^the committee. lie di.l not .„.., o hceommittectorece.ve.ls.i,..d t t.evmiiiht Rive their v.ewsuiionit he eel n^ if !>" were cvlle.l upo.. t« « n^nIni>^.pou the propriety of tl.e.r Ttias strange that Hc.uitor,vvl.uta !;r opinions were made up, sl.oi.ia o; [c reference." InUc* of Connecticut, was cntin'ly i •pres'crvinK the national faith i..v,«lal honor untarnished, and ourselves f« .ntation of base motives in o.ir im in relation to Texas, and said: L was a case in which this ^'ovcrmni facl with cmtion. In oidnuu-y ^j Id the question was only one of fa ^.j it little calculated to comp.on.it th H lor honor of the United States ..but niu'Htion in n'pnrd to Texan wan very different, ,ii(l vastly n.oi.' iii.|Mirti.i.t. That is a roiiiitry im our own borderM, and its ii.habitni.ts, most nf then., einijjrai.tM IVoni the I'liitid States; mill n.oNt of the brave men eoi.Htitutii.K its army, who are ho heroically ll(;htii.;r to redeem tlir'provii.ec, are riti/.ei.n of the rniti'd StatcH, 1 ,rho have ciijtap'd in thin Inild enterprine iih vo- |iinlee.s. Were this ^overniiu'nt to be precipi- i;ite ii. aeknowledmin^ the independence of Tixas, iiiinht it not be expoiicd to a H.ispicion |,f havi.i)? eneo.iraned these entei'priscM of its citir.e..s? There is nnolher coi.Mideiation of liiiore in.poilance. Should the inde[)endeneo of Texas be followed by its annexation to the Tnited Stall's, the reasons for suspicions dero- L,;,t(iry to the national fiiilh n.i;tht Ih> still .trdnpT. If we. by o.ir own act, contribute to rlntl.e the constituted a.ithoiitieH of the pro- iTiiiee with the power of sovereign. ty over it, I iml then accept a cession of the co.inli-y from ilhtise aiithoritU's, mijiht tl.eie not be son.e rea- Lin to ciiaiye us with havi..-; recoRnizcMl the niiepcndeuco of the co.inlry as a n.eiu.s of jjelt in^ IjHihiwsHion of it ? These a..d other eonsidera- tioiis ri'(p.ire that this nove.iii.iei.t should act Uith caution ; yet, whe.i tl.«' pioper time arrives lit will be our duty to act, and to net pr; the national faith and na- lliiiiii.1 honor. They should not only be kept Imiv, but free fro... i..jurio.is s.iHpicions, beinj; Liri' to be pi'ized than 111.3' extc.sion of terri- Lrv, wealth, j)oi».ilati of a new IN .ver, u.ttii it has xatisfac- tory info.iiialion, and bus f.liy delilHTated. " 'I'he eoininittee has no inforn.ation reH|ii-cting the recent n.oven.ents in Texas, except such ax is derived f.oin the p.iblii prints. According to that, the war broke ont in fixas Inst aiit.imn. Its profcHsed object, like that of o.ir revolution- ary contest in the con.i.ieiicement, was not separation and ii.ilepe.idei.ce, but a red.ess of gr.evances. I.i March last, iiir!e|iendence wiiH proclaimed, and a conslitntion and fori., of gov- ernn.ent weii' established. No means of ascer- taining acc.rately the exact anionnl of the population of Texas are at the coi..ina..d of Ihu comn.ittee. It has been estimated at some nixty or seventy thcisand so.. Is. Nor are the jincise limits of the muntry which passes ..nder tl.u denon.ination of Texas k..own to the comn.ittee. They a.e probably not clearly detlned, but they are supposed to be extensive, a.. <1 sii (lieieiil ly la.ge, when |K'opled, to foi-m a respectable I'ower." Mr. Southard concurred in the views and con- clusi(m of the report, but desired to say a few wonls in reply to that part of Mr. Callioun's speech which looked to ihe '• balance of power, and the pei'iM-tuation of our instit.itions," as a reason for the speedy admission of Texas into the Union, and said : "I should not have risen to express theso notions, if I had not understood the Senator from South Carolina [Mr. Calhoun] to declare that lie regarded the acknowledgment of the i.i- depence of Texas as important, anm\})i that the remarks of the senator should lead, in or out of this chamber, to the inference that all those who vote for the resolution concur with him in opinion. The question which he has started should be left perfectly open and free." The vote in favor of the Resolution re- ported by Mr. Clay was unanimous — 39 senators present and voting. In the House of Repre- sentatives a similar resolution was reported from the House Committee of foreign relations, Mr. John Y. Mason, of Virginia, chairman ; aad adopted by a vote of 113 to 22. The nays were: Messrs. John Qumcy Adams, Heman Allen, Jeremiah Bailey, Andrew Beaumont, James W. Bouldin, William Clark, Walter Coles, Edward Darlington, George Grennell, jr., Hiland li'all, Abner Hazeltine, William Hiester, Abbott Lawrence, Levi Lincoln, Thomas C. Love, John J. Milligun, Dutee J. Pearce, Ste- phen C. Phillips, David Potts, jr., John Reed, David Russell, William Slade. It is remarkable that in the progress of this Texas question both Mr. Adams and M". Cal- houn reversed their positions — the former being against, and the latter in favor, of its alienation in 1819 ; the former being against, and the latter in favor of its recovery in 1836 — '44. — Mr. Benton was the lust speaker in the Senate in favor of the recognition of independence ; and his speech being the most full and carefully historical of any one delivered, it is presented entire in the next chapter ; and, it is believed, that in going more fully than other speakers did into the origin and events of the Texas Revolu- tion, it will give a fair and condensed view of that remarkable event, so interesting to the American people. CHAPTER CXLV. !ra:XAS INDEPENDENCE— MR. BENTON'S SPEECH. ' Mr. Benton rose and said he should confine himself strictly to the proposition presented in the resolution, and should not complicate the practical question of recognition with specula- tions on the future fate of Texas. Such specu- lations could have no good effect upon either of the countries interested; upon Mexico, Texas, or the United States. Texas has not asked for kdmission into this Union. Her independence is still contested by Mexico. Her boundaries and other important points in her political con- dition, are not yet adjusted. To discuss tlie question of her admission into ^his Union, under these circumstances, is to treat her with disre- spect, to embroil ourselves with Mexico, to com- promise the disinterestedness of our motives in the eyes of Europe ; and to start among ourselves prematurely, and without reason, a question which, whenever it comes, cannot be without its own intrinsic difficulties and perplexities. " Siiice the three months that the affairs of Texas have been the subject of repeated discus- sio 1 in this chamber, I have imposed on myself a reserve, not the effect of want of feeling, but the effect of strong feeling, and some judgment combined, which has not permitted me to give utterance to the general expression of my sen- timents. Once only have I spoken, and that at 1 the most critical moment of the contest, and i when the reported advance of the Jlexicans upon Nacogdoches, and the actual movement of General Gaines and our own troops in tliat di- rection, gave reason to apprehend the encounter I of flags, or the collision of arms, which migiit compromise individuals or endanger the peace of nations. It was then that I used those words I not entitely enigmatical, and which have since been repeatea by some, without the prefix of I their importan I , 'ilifications, namely; that while I neutrality was the obvious line of our duty and! of our interest, yet there might be emergencies | in which the obligatirn of duty could have nol force, and the calculations of interest could havel no place ; when, in fact, a man should have nol head to think ! nothing but a heart to feol ! a:id| an arm to strike ! and I illustrated this senli-l ment. It was after the affair of Goliad, and thai iti puted order to unpeople the coujitry, withj the supposititious case of prisoners assassinated, women violated, and children slaughtered ; ani^ these horrors to be perpetrated in the preseuci or hearing of an American army. In such a casd I declared it to be my sentiment — and I now r peat it, for I feel it to be in me — in such a cassj I declared it to be my sentiment, that tieatiej were nothing, books were nothing, laws werj nothing ! that the paramount law of God an| riBture was every thing ! and that the Americi soldier, hearing t'.ie cries of helplessness an| weakness, and remembering only that he was | man, and born of woman, and the father of ch ANNO 1836. ANDREW JACKSON, PRESIDENT. 671 ited by Mexico. Her boundaries, jortant points in her political con- ot yet adjusted. To discuss the iv admission into .his Union, under jtances, is to treat her with diare- ,roil ourselves with Mexico, to com- disintcrestedness of our motives in luropc ; and to start among ourselves and without reason, a question never it comes, cannot be without insic difficulties and perplexities, ^e three months that the affairs ot been the subject of repeated discus- chamber, I have imposed on myself lot the effect of want of feeling, kit ,f stron" feeling, and some judgment which has not permitted me to give to the general expression of my sen- Once only have I spoken, and that at critical moment of the contest, and reported advance of the Mexicans ,^ad^^ Udeinthenorth,andtotholajofs. kcoinVlie northwest; yet nose t:::.tendedeast,alon^tl.-,hW. If the Gulf of Mexico. The rich and dec] cotton and sugar lands of Texas, though at the very door of Mexico, yet requiring the applica- tion of a laborious industry to make them pro- ductive, have presented ho temptation to the mining and pastoral population of that empire. For ages this beautiful agricultural and plantmg region had lain untouched. Within a few years, tnd by another race, its settlement has begun ; and the presence of this race has not smoothed, but increased, the obstacles to union presented by nature. Sooner or later, separation would be in- evitable ; and the progress of human events has accelerated the operation of natural causes. Go- liad has torn Texas from Mexico ; Goliad has decreed independence ; San Jacinto has sealed it ! What the massacre decreed, the victory has scal- ed ; and the day of the martyrdom of prisoners must for ever be regarded as the day of disunion between Texas and Mexico. I speak of it politi- cally, not morally ; that massacre was a great political blunder, a miscalculation, an error, and a mistake. It was expected to put an end to resistance, to subdue rebellion, to drown revolt in blood, and to extinguish aid in terror. On the contrary, it has given life and invincibility to the cause of Texas. It has fired the souls of her own citizens, and imparted to their courage the energies of revenge and despair. It has given to her the sympathies and commiseration of the civilized world. It has given her men and money, and claims upon the aid and a hold upon the sensibilities of the human race. If the itruggle goes on, not only our America, but Europe will send its chivalry to join in the con- test. I repeat it ; that cruel morning of the Alamo, and that black day of Qoliad, were great political faults. The blood of the martyr is the sed of the church. The blood of slaughtered patriots is the dragon's teeth sown upon the (»rth, from which heroes, full grown and armed, into life, and rush into battle. Often will jthe Mexican, guiltless of that blood, feel the nglo-American steel for the deed of that day, this war continues. Many were the innocent It San Jacinto, whose cries, in broken Spanish, ijurlng Goliad and the Alamo, could not save leir devoted lives from the avenging remen.- ince of the slaughtered garrison and the mas- red prisoners. Unhappy day, for ever to be deplored, that inday morning, March 6, 1836, when the un- mted garrison of the Alamo, victorious in so Vol. I.— 43 many assaults over twenty times their number perished to the last man by the hands of those, part of whom they had released on parole two months before, leaving not one to tell how they first dealt out to multitudes that death which they themselves finally received. Unhappy day, that Palm Sunday, March 27, when the five hundred and twelve prisoners at Goliad, issuing from the sally port at dawn of day, one by one, under the cruel delusion of a return to their families, found them.sclves enveloped in double files of cavalry and infantry, marched to a spot fit for the perpetration of the horrid deed — ar ' there, without an instant to think of parents, country, friends, and God — in the midst of the consternation of terror and surprise, were in- huma^dy set upon, and pitilessly put to death, in spite of those moving cries which reached to heaven, and regardless of those supplicating hands, stretched forth for mercy, from which arms had been taken under the perfidious forms of a capitulation. Five hundred and six perish- ed that morning — young, vigorous, brave, sons of respectable families, and the pride of many a parent's heart — and their bleeding bodies, torn with wounds, and many yet alive, were thrown in heaps upon vast fires, for the flames to con- sume what the steel had mahgled. Six only es- caped, and not by r..ercy, but by miracles. And this was the work of man upon his brother ; of Christian upon Christian ; of those upon those who adore the same God, invoke the same hea- venly benediction, and draw precepts of charity and mercy from the same divine fountain. Ac- cursed be the ground on which the dreadful deed was done ! Sterile, and set apart, let it for ever be ! No fruitful cultivation should ever enrich it ; no joyful edifice should ever adorn it ; but shut up, and closed by gloomy walls, the mourn- ful cypress, the weeping willow, and the inscrip- tive monument, should for ever attest the fouJ deed of which it was the scene, and invoke from, every passenger the throb of pity for the slain, and the start of horror for the slayer. And you,, neglected victims of the Old Mission and San. Patricio, shall you be forgotten because your numbers were fewer, and your hapless fate more concealed ? No ! but to you also justice shall be done. One common fate befell you all ; one common memorial shall perpetuate your names, and embalm your memories. Inexorable history will sit in judgment upon all concerned,, 674 THIRTY YEARS' VIEW. & &-M > J' '1 1 n If I and will reject the plea of government orders, even if those orders emanated from the govern- ment, instead of being dictated to it. The French National Convention, in 1793, ordered all the English prisoners who should be taken in battle to be put to death. The French ?rmies refused to execute the decree. They answc.jd, that French soldiers were the protectors, not the assas- sins of prisoners ; and all France, all Europe, the whole civilized world, applauded the noble reply. " But let us not forget that there is some relief to this black and bloody picture — some allevia- tion to the horror of its appalling features. There was humanity, as well as cruelty, at Go- liad — humanity to deplore what it could not prevent. The letter of Colonel Fernandez does honor to the human heart. Doubtless many other oflBcers felt and mourned like him, and spent the day in unavailing regrets. The ladies, Losero and others, of Matar.ioros, saving the doomed victims in that city, from day to day, by their intercessions, appear like miaistering angels. Several public journals, and many in- dividuals, in Jlexico, have given vent to feelings worthy of Christians, and of the civilization of the age ; and the poor woman on the Gauda- loupe, who succored and saved the young Georgian (Iladaway), how nobly she appears ! lie was one of the few that escaped the fate of the Georgia battalion sent to the Old Mission. Overpowered by famine and despair, without arras and without comrades, he entered a soli- tary house filled with Mexican soldiers hunting the fugitives of his party. Ilis action amazed them ; and, thinking it a snare, they stepped out to look for the armed body of which he was supposed to be the decoy. In that instant food was given him by the humane woman, and in- stant flight to the swamp was pointed out. lie fled, receiving the fire of many guns as he went ; and, escaping the perils of the way, the hazanls of battle at San Jacinto, where he fought, and of Indian massacre in the Creek nation, when the two stages were taken and part of his travelling companions killed, he lives to publish in America that instance of devoted humanity in the poor woman of the Gaudaloupc. Such acts as all these deserve to be commemorated. They relieve the revolting picture of military barbarity — soften the resentments of nations — and redeem a people from the offence of indi- viduals. " Great is the mistake which has prevailed in Mexico, and in some parts of the United States on the character of the population which hag gone to Texas. It has been common to dis- parage and to stigmatize them. Nothing could be more unjust ; and, speaking from knowledge either personally or well acquired (for it faljj to my lot to know, cither from actual acquaint- ance or good information, the mass of its inhabi- tants), I can vindicate them from erroneous im- putations, and place their conduct and character on the honorable ground which they deserve to occupy. The founder of the Texian colony was Mr. Moses Austin, a respectable and entcrprisine native of Connecticut, and largely engaged in the lead mines of Uppc* Louisiana when I went to the Territory of Missouri in 1815. The pre- sent head of the colony, his son, Mr. Stephen F. Austin, then a very young man, was a mem- ber of the Territorial Legislature, distinguished i for his intelligence, business habits, and gentle- manly conduct. Among the grantees we dij- tinguish the name of Robertson, son of the I patriarchal founder and first settler of West) Tennessee. Of the body of the emigrants, most I of them aie heads of families or enterprising I young men, gone to better their condition by re- 1 ceiving grants of fine land in a fine climate, and! to continue to live under the republican form ofj government to which they had been accustomed.! There sits one of them (pointing to Mr. Carson,! late member of Congress from North Carolina,! and now Secretary of State for Texas). We alii know him; our greetings on his appearance ii this chamber attest our respect ; and such i we know him to be, so do I know the multitudJ of those to be who have gone to Texas. Thejj have gone, not as intruders, but as granteesj and to become a barrier between the Mexia and the marauding Indians who infested theij borders. " Heartless is the calumny invented and pro| pagated, not from this floor, but elsewhere, oj the cause of the Texian revolt. It is said to! a war for the extension of slavery. It had i well be said that our own Revolution wasawij for the extension of slavery. So far from i that no revolt, not even our own, ever had more just and a more sacred origin. The set tiers in Texas went to live under the form j government which they had left behind in tlj United States — a government which extends ( ANNO 1836. ANDREW JACKSON, PRESIDENT. 675 , some parts of the United states, of the population which h<« .ennstake which haBP^vaikd in I 80 rithrs been common to dis- itigmatize them. Nothmg could s- and, speaking from knowlecl^c aly or -e" acquired (for It fal know, either from actual acquamt- •i4ation,themassofits.nhab.. vindicate them from erroneous™. ,d place their conduct and character rable ground which they deseneto ,e founder of the Texian colony was Yustin,arc8pectableandenterpns.„g Connecticut, and largely engaged ,„ res of Upper Louisiana when! wont Cr^ of Missouri in 1815. The pre- He colony, his son, Mr. Stephen then a very young man, was a mem. trritorial Legislature, distmgu.« clU.ence, business habits, and genfle. it. imong the grantees we . he name of Robertson son otk al founder and first settler o ^Ve. e Ofthebodyofthee„ugrant8,™« are heads of families or enterpns.n? en .one to better their conditmbyre- 'f« of fire land in a fine climate, and rtveunil the republican fo™o, Vfo which they had been accustomei forofttmCpUrngtoMr^Ca^ ITof Congress from North CarjK Secretary of State for Texas), ^^eal Iv greetings on his appearanee J attest our respect; and sue, tltobesodolknowthemuto. him to DC, Bu Toir«R Thet to be who have gone to Texas, tie] nol as intruders, but as grant^s, a barrier between the Me.K- many guarantees for life, liberty, property, and the pursuit of happiness, and which their Amer- ican and English ancestors had vindicated for 60 many hundred years. A succession of violent changes in government, and the rapid overthrow of rulers, annoyed and distressed them ; but they remained tranquil under every violence ffhich did not immediately boar on themselves. In 1822 the republic of 1821 was superseded by the imperial diadem of Iturbidc. In 1823 he \vas deposed and banished, returned and was shot, and Victoria made President. Mentuno and Bravo disputed the presidency with Vic- im toria ; and found, in banishment, the mildest ding Indians who infested M Ine, tecomc Imaraui Irtless is the calumny invented and F *Sm this floor, but elsewhere, Lorrexian revolt. Itissa.dto k the extension of slavery. It had r What our own Revolution vrasaw, LauUhatouro g„ f,r from ^"^Tnote^ro- own, ever had , revolt, noi ^^i-" „.. «f in live under the form states— a govern xnent which exlendsl issue known among Mexicans to unsuccessful civil war. Pedrazawas elected in 1828; Guer- rero overthrew him the next year. Then Bus- tamente overthrew Guerrero; and, quickly, Santa Anna overthrew Bustamente, and, with him, iill the forms of the constitution, and the whole frame of the federative government. By liis own will, and by force, Santa Anna dissolved the existing Congress, convened another, formed the two Houses into one, called it a convention ; I md made it the instrument for deposing, with- out trial, the constitutional Vice-President, Go- mez Farias, putting Barragan into his place, [annihilating the State governments, and estab- lishing a consolidated government, of which he I was monarch, under the retained republican title I of President. Still, the Texians did not take up larms : they did not acquiesce, but they did not IrcYolt. They retained their State government I in operation, and looked to the other States, lolder and more powerful than Texas, to vindi- Icatc the general cause, and to re-establish the JMeral constitution of 1824. In September, 11835, this .was still her position. In that month, |» Mexican armed vessel appeared off the coast Texas, and declared her ports blockaded. At the same time, General Cos appeared in the hii with an army of fifteen hundred men, rith orders to arrest the State authorities, to krm the inhabitants, leaving one gun to every fx hundred souls ; and to reduce the State to inconditional submission. Gonzales was the Elected point for the commencement of the exe- Wion of these orders ; and the first thing was t arms, those trusty rifles which the settlers iid brought with them from the United States, ptich were their defence against savages, their louice for game, and the guard which convert- ed their houses into castles stronger than those ' which the king cannot enter.' A detachment of General Cos's army appeared at the village of Gonzales, on the 28th of September, and de- manded the arms of the inhabitants ; it was the same demand, and for the same purpose, which the British detachment, under Major Pitcairn, had made at Lexington, on the 19th of April, 1775. It was the same demand ! and the same answer was given — resistance — battle — victory ! for the American blood was at Gonzales as it had been at Lexington ; and between using their arms, and surrendering their arms, that blood can never hesitate. Then followed the rapid succession of brilliant events, which, in two months, left Texas without an armed enemy in her borders, and the strong forts of Goliad and the Alamo, with their garrisons and cannon, the almost bloodless prizes of a few hundred Texian rifles. This was the origin of the revolt ; and a calumny more heartless can never be imi^ined than that which would convert this just and holy defence of life, liberty, and property, into an aggression for the extension of slavery. "Just in its origin, valiant and humane in its conduct, sacred in its object, the Texian revolt has illustrated the Anglo-Saxon character, and given it new titles to the respect and admiration of the world. " It shows that liberty, justice, valor — moral, physical, and intellectual power — discriminate that race wherever it goes. Let our America rejoice, let Old England rejoice, that the Brassos and Colorado, new and strange names — streams fi»r beyond the western bank of the Father of Floods — have felt the impress, and witnessed the exploits of a people sprung from their loins, and carrying their language, laws, and cus- toms, their magna charta and its glorious privileges, into new regions and far distant climes. Of the individuals who have purchased lasting renown in this young war, it would be impossible, in this place to speak in detail, and invidious to discriminate ; but there is one among them whose position forms an excep- tion, and whose early association with my- self justifies and claims the tribute of a par- ticular notice. I speak of him whose romantic victory has given to the Jacinto* that immor- tality in grave and serious history which the * Hyacinth; byaclntbos; buaklotbos; wkt«r flower. 676 THIRTY YEARS' VIEW. m IS.' * V diskos of Apollo had given to it in the fabu- lous pages of the heathen mythology. General Houston was bom in the State of Virginia, county of Rockbridge : he was appointed an en- sign in the army of the United States, during the late war with Great Britain, and served in the Creek campaign under the banners of Jack- son. I was the lieutenant colonel of the regi- ment to which he belonged, and the first field officer to whom he reported. I then marked in him the same soldierly and gentlemanly quali- ties which have since distinguished his jvcntful career : frank, generous, brave ; ready to do, or to suffer, whatever the obligations of civil or military duty imposed ; and always prompt to answer the call of honor, patriotism, and friend- ship. Sincerely do I rejoice in his victory. It is a victory without alloy, and without parallel, except at New Orleans. It is a victory which the civilization of the age, and the horAor of the human race, required him to gain : for the nine- teenth century is not the age in which a repeti- tion of the Goliad matins could be endured. Nobly has he answered the requisition ; fresh and luxuriant are the laurels which adorn his brow. " It is not within the scope of my present purpose, to speak of military events, and to celebrate the exploits of that vanguard of the Anglo-Saxons who are now on the confines of the ancient empire of Montezuma; but that combat of the San Jacinto ! it must for ever re- main in the catalogue of military minu^les. Seven hundred and fifty citizens, miscellane- ously armed with rifles, muskets, belt pistols, and knives, under a leader who had never seen service, except as a subaltern, march to at- tack near double their numbers — march in open day across a clear prairie, to attack upwards of twelve hundred veterans, the 6Iite of an invad- ing army of seven thousand, posted in a wood, their flanks secured, front intrenched ; and com- manded by a general trained in civil wars, vic- torious in numberless battles ; and chief 9f an empire of which no man becomes chief except as conqueror. In twenty minutes, the position is forced. The combat becomes a carnage. The flowery prairie is stainel with blood; the hya- cinth js no longer blue, but scarlet. Six hun- dred Mexicans are dead ; six hundred more are prisoners, half wounded ; the President General himself is a prisoner; the camp and baggage all taken; and the loss of the victors, six kille<] and twenty wounded. Such are the results, and which no European can believe, but those who saw Jackson at New Orleans. Houston is the pupil of Jackson ; and he is the first self-made general, since the time of Mark Antony, and tho King Antigonus, who has taken the general of the army and the head of the government cap- tive in battle. Different from Antony, he has spared the life of his captive, though forfeited by every law, human and divine. "I voted, in 1821, to acknowledge the abso- lute independence of Mexico ; I vote now to r^ cognize the contingent and expected independ- ence of Texas. In both cases, the vote is given upon the same principle— upon the principle of | disjunction where conjunction is impossible or | disastrous. The Union of Mexico and Spain j had become impossible; that of Mexico and Texas is no longer desirable or possible. A I more fatal present could not be made than that of the future incorporation of the Texas of h Salle with the ancient empire of Montezuma. They could not live together, and extermination is not the genius of the age ; and, besides, is i more easily talked of than done. Bloodshed! only could be the fruit of their conjunction; and every drop of that blood would be the dn-i gon's teeth sown upon the earth. No wi>e| Mexican should wish to have this Trojan horsej shut up within their walls." CHAPTER CXLVI. THE SPECIE CIECULAB. The issue of the Treasury order, knomii the "Specie Circular," was one of the eventj which marked the foresight, the decision, . the invincible firmness of General Jackson, wa."! issued immediately after the adjournmd of Congress, and would have been issued befoij the adjournment, except for the fear that Coi gress would counteract it by law. It was i order to all the land-offices to reject papermonel and receive nothing but goid and silver in pil ment of the public lands ; and was issued iinil the authority of the resolution of the year 181j which, in giving the Secretary of the Treasul I deceive [Dillioi {this (ten. Icngagci Itinoe, Iniles ; iCOU iMTer [clear gs 'ralo ANNO 1836. ANDREW JACKSON, PRESIDENT. 677 the loss of the victon, six killed mounded. Such are the results, and iropean can believe, but those vrho » at New Orleans. Houston is the kson; and he is the first self-made e the time of Mark Antony, and tho jnus, who has taken the general of ,d the head of the government cap- tie. Different from Antony, he has life of his captive, though forfeited ,w, human and divine. in 1821, to acknowledge the abso- Indence of Mexico ; I vote now to re- > contingent and espected indepemi- xas. In both cases, the vote is gmn ame principle-upon the principle of 1 where conjunction is impossible or The Union of Mexico and Spain ne impossible; that of Mexico an.l no longer desirable or possible. A I 1 present could not be made than that ure incorporation of the Texas of la ti the ancient empire of Montezuma. [d not live together, and extermination ,e genius of the age; and, besides, is ,ily talked of than done. Bloodsk^l Id be the fruit of their conjiinetion; 7 drop of that blood would be the dra- •th sown upon the earth. No ^^\ should wish to have this Trojan honej ithin their walls." IcHAPTEK CXLVI. THE SPECIE CIBCTJLAB. lue of the Treasury order, known ecie Circular," was one of the emt larked the foresight, the dec-sron," rtcible firmness of General Jackson. [ed immediately after the adjoummer tcss, and would have been issued befoi [urnment,except for the fear that Coi Vould counteract it by law. It was i all the land-offices to reject paper mone live nothing but go-.d and silver in p>| ■the public lands; and was issued iind- hority of the resolution of theyearlSl n giving the Secretary of the Treasi' discretionary authority to receive the notes of specie paying banks in revenue payments, gave him also the right to reject them. The num- ber of these banks had now become so great, the quantity of notes issued so enormous, the facility of obtaining loans so universal, and the temptation to converting shadowy paper into real estate, so tempting, that the rising streams of paper from seven hundred and fifty banks took their course towards the new States, seat of the public domain — discharging in accumulated .ol- ume there collected torrents upon the different land-offices. The sales were running up to five millions a month, with the prospect of unbound- ed increase after the rise of Congress ; and it \ra8 this increase from the land sales which made that surplus which the constitution had been burlesqued to divide among the States. And there was no limit to this conversion of public land into inconvertible paper. In the custom- house branch of the revenue there was a limit in the amount to be received — limited by the smount of duties to be paid : but in the land-office branch there was no limit. It was therefore at that point that the remedy was wanted ; and, for that reason, the " Specie Circular " was limit- ed in its application to the land-offices ; and totally forbade the sale of the public lands for aij thing but hard money. It was an order of incalculable value to the United States, and issued by President Jackson in known disregard of the will both of the majority of Congress and I of his cabinet Before the adjournment of Congress, and in I concert with th^i President, the author of this View had attempted to get an act of Congress to Etop the evil ; and in support of his motion to that effect gave his opinion of the evil itBelf| and of the benefits which would result from its sup- Iprcssion. He said: " He was able to inform the Senate how it I happened that the sales of thepuollc lands had [deceived all calculations, and run up from four I millions a year to five millions a quarter ; it was I this: speculators went to banks, borrowed five, jten, twenty, fifty thousand dollars in paper, iii I email notes, usually under twenty dollars, and Icngaged to carry off these notes to a great dis- 36, sometimes five hundred or a thousand Iniles ; and there laid them out for public lands. " ag land-office money, they would circulate in Ithe country ; many of these small notes would liiever return at all, and their loss would be a Iclear gain to the bank ; others would not return I for a long time; and the bank would draw in- terest on them for years before they had to re- deem them. Thus speculators, loaded with pa- per, would outbid settlers and cultivators, who ha^ no undue accommodations from banks, and who had nothing but specie to give for lands, or the notes which were its real equivalent. Mr. B. said that, living in a new State, it came with- in his knowledge that such accommodations as he had mentioned were the main cause of tho excessive sales which had taken place in the public lands, and that the effect was equally in- jurious to every interest concerned — except the banks and the speculators : it was injurious to the treasury^ which was filling up with paper ; to the new States, which were flooded with pa- per ; and to settlers and cultivators, who were outbid by sjieculators, loaded \vith this borrow- ed paper. A return to specie payments for lands is the remedy for all these evils." Having exposed the evil, and that to the coun- try generally as well as to the federal treasury, Mr. B. went on to give his opinion of the bene- fits of suppressing it ; and said : " It would put an end to every complaint now connected with the subject, and have a beneficial effect upon every public and private interest. Upon the federal government its effect would be to check the unnatural sale of the public lands to speculators for paper ; it would throw the speculators out of market, limit the sales to settlers and cultivators, stop tho swelling in- creases of paper surpluses in the treasury, put an end to all projects for disposing of surpluses ; and relieve all anxiety for the fate of the public moneys in the deposit banks. Upon the new States, where the public lands are situated, its effects would be most auspicious. It would stop the flood of paper with which they are inundated, and bring in a steady stream of gold and silver in its place. It would give them a hard-money currency, and especially a share of the gold cur"- rency ; for every emigrant could then carry gold to the country. Upon the settler and cultivator who wished to purchase land its effect would be peculiarly advantageous. He would be relieved from the competition of speculators ; he would not have to contend with those who received undue accommodations at banks, and came to the land-offices loaded with bules of bank notes which they had borrowed upon condition of carrying them far away, and turning them loose where many would bo lost, and never get back to the bank that issued them. All these and many other good effects would thus be produced, and no hardship or evil of any kind could accrue to the meritorious part of the country ; for the settler and cultivator who wishes to buy land for use, or for a settlement for his children, or to increase his farm, would have no difficutly in getting hard money to make his purchase. He has no undue accommodations from banks. He has no paper but what is good ; such as he can readily convert into specie. To him the ezac- ■w /?» I^Mi wW'MM . < 678 THIRTY YEARS' VIEW. tion of specie payments from all purchasers would be a rule of equality, which would enable him to purchase what he needs without competition with ijctitious and borrowed capital." Mr. B. gave a view of the actual condition of tb? paper currency, which he described as hide- ous and appalling, doomed to a catastrophe ; and ho advised every prudent man, as well as the government, to fly from its embrace. His voice, and his waining, answered no purpose. lie got no support for his motion. A few friends were willing to stand by him, but the opposition se- nators stood out in unbroken front against it, reinforced largely by the friends of the adminis- tration : but it IS in vain to attribute the whole opposition to the measure merely to the mis- taken opinions of friends, and the resentful pol- icy of foes. There wos another cause operating to the same effect ; and the truth of history re- quires it to be told. There were many members cf Congress engaged in these land speculations, upon loans of bank paper ; and who were un- willing to see a sudden termination of so profit- able a game. The rejection of the bill it was thought would be suiScient ; and on the news of it the speculation redoubled its activity. But there was a remedy in reserve for the cure of the evil which they had not foreseen, and which was applied the moment that Congress was gone. Jackson was still President ! and he had the nerve which the occasion required. He saw the public lands fleeting away — saw that Con- gress would not interfere — and knew the major- ity of his cabinet to be against his interference. He did as he had often done in >'ouncils of war — called the council together to hear a decision. He summoned his cabinet — laid the case before them — heard the majority of adverse opinions : — and directed the order to issue. Secretary, Mr. Donelson, was directed to prepare a draught of the order. The author of this View was all the while in the oflBce of this private Secretary. Mr. Donelson came to him, with in the discovery of the fact, that some tens of millions of this bank paper was on its way to the land-offices to be changed into land — when overtaken by this fatal "Specie Circular," and turned back to the sources from which it c"^lt. CHAPTER CXLVII. DEATH OF MR. MADISON, FOURTH PKESIDEXT OF THE UNITED 8TATE8. the President's decision, and requested him to draw up the order. It was done — the rough draught carried back to the council — put into offlciiil form — signed — issued. It was a second edition of the removal of the deposits scene, and made an immense sensation. The disappointed speculators raged. Congress was considered in- sulted, the cabinet defied, the banks disgraced. But the vindication of the measure soon came. He died in the last year of the second term of the presidency of General Jackson, at the aj. vanced age of eighty-six, his mind clear and active to the last, and greatly occupied with solicitous concern for the safety of the Uniun which he had contributed so much to estnliish, He was a patriot from the beginning. " When the first blood was shed in the streets of Boston. he was a student in the process of his education at Princeton College, where the next year, lie received the degree of Bachelor of Arts. He was even then so highly distinguished by the power of application and the rapidity of progress, that he performed all the exercises of tlie two senior collegiate years in one — wi-lle at tlie same time his deportment was so exemplary, that Dr. "Witherspoon, then at the head of the college, and afterwards himself one of the most eminent patriots and sages of our revolution, alvvi*ys delighted in bearing testimony to the I excellency of his character at that early stage I of his career ; and said to Thomas JefTerson long aftenvards, when they were all colleagues in the revolutionary Congress, that in the whole career of Mr. Madison at Princeton, he liad His private j^nevor known him say, or do, an indiscreet thin?.' ' So wrote Mr. John Quincy Adams in his dis- course upon the "Life of James JIadisoii," I written at the request of the two Houses of Congress : and in this germ of manhood is to i be se' all the qualities of head and heart which! mature age, and great events, so fully developed,! and which so nobly went into the formation of | national character while constituting his own;! the same quick intellect, the same laborious ap-j plication, the same purity of morals, the sanieT decorum of deportment. He had a rare comJ bination of talent — a sneaker, a writer, a coun-j scllor. In these qualitcs of the mind he classei ' l» ANNO 1886. ANDREW JACKSON, PUICSTDENT. 679 ry of the fact, that some tens of •8 bank paper was on its way to .3 to be changed into land-when this fatal "Specie Circular," and 9 the sources from which it c-mc. VPTER CXLVII. iK MAPT90N, FOUKTII P11E9IDEST )F THE UNITED STATES. ;ho last year of the second term of icy of General Jackson, at the ad- of eighty-six, his mind clear and 10 last, and greatly occupied witli uncem for the safety of the Union id contributed so much to establish, atriot from the beginning. " When 30d was shed in the streets of Boston. udent in the process of his education ,n College, where the next year, he be degree of Bachelor of Arts. He then so highly distinguished by the pplication and the rapidity of progress, rrformed all the exercises of the two iegiate years in one-wuile at tl,e his deportment was so exemplary, V-ithcrspoon, then at the head of the d afterwards himself one of the most .atriots and sages of our revolution, lighted in bearing testimony to the of his character at that early stage leer ; and said to Thomas Jefferson -ards, when they were all colleagues lutionary Congress, that in the whole Mr Madison at Princeton, he M Iwn him say, or do,an indiscreet thin?.' Mr.John Quincy Adams in his dis- ,on the "Life of James Madison.^ the request of the two Houses of and in this germ of manhood 15 to 1 the qualities of head and heart which « and great events, so fully developed ■.so nobly went into the formation of character while constituting his own: quick intellect, the same laborious ap. Jho same purity of morals, the samd of deportment. He had a rare con. of talent-a sneaker, a writer, a coun. fn these qualitcs of the mind he classed with General Hamilton ; and was, perhaps, the only eminent public man of hi.s day who so classed, and so equally contended in three of the fields of intellectual action. Mr. Jefferson was accustomed to Bay he was the only man that could answer Hamilton. Perspicuity, precision, closeness of reasoning, and strict adherence to the unity of his subject, were the character- iiitics of his style ; and his speeches in Congress, and his dispatches from the State Department, may be equally studied as models of style, di- plomatic and parliamentary as sources of in- formation, as examples of integrity in conduct- ing public questions : and as illustrations of the amenity with which the most earnest debate, and the most critical correspondence, can be conducted by good sense, good taste, and good temper. Jlr. Madison was one of the great founders of our present united federal govern- ment, equally efficient in the working convention which framed the constitution and the written labors which secured its adoption. Co-laborer ,vith General Hamilton in the convention and in the Federalist — both members of the old Con- gress and of the convention at the same time, and working together in both bodies for the at- tainment of the same end, until the division of parties in Washington's time began to estrange uld friends, and to array against each other former cordial political co-laborers. As the tirst writer of one party, General Hamilton wrote some leading papers, which, as the first writer of the other party, Mr. Madison was called upon to answer : but without forgetting on the part of either their previous relations, their decorum of character, and their mutual respect for each other. Nothing that either said could give an unpleasant personal feeling to the other ; and, though writing under bor- rowed names, their productions were equally known to each other and the public ; for none but themselves could imitate themselves. Purity, modesty, decorum — a moderation, tem- perance, and virtue in every thing — were the characteristics of Mr. Madison's life and man- neis; and it is grateful to look back upon 'such elevation and beauty of personal character in the illustrious and venerated founders of our Republic, leaving such virtuous private charac- ters to be admired, as well as such great works to be preserved. The offer of this tribute to the memory of one of the purest of public men Is the more gratefully renderetl, private reasons mixing with considerations of public duty. Mr. Madi.son is the only President from whom ho ever asked a favor, and who granted immediately all that was asked—" lieutenant-colonelcy in the army of the United States in the late war with Great Britain. CHAPTER CXLVIII. DEATH OF MU. MONROK, FIFTH PRESIDENT OF THE UNITED STATES. He died during the first terra of the ad- ministration of President Jackson, and is ap- propriately noticed in this work next after Mr. Madison, with whom he had been so long and so intimately associated, both in public and in private life ; and whoso successor ho had been in successive high posts, including that of the presidency itself. He is one of our eminent public characters which have not attained their due place in history ; nor has any one attempted to give him that place but one — Mr John Quincy Adams — in hi. discourse upon the life of Mr. Monroe. Mr. Adams, and who could be a more competent judge ? places him in the first iine of American statesmen, and contributing, during the fifty years of his connection with the public afiairs, a full share in the aggrandisement and advancement of his country. His parts were not shining, but solid. Ho lacked genius, but he possessed judgment : and it was the remark of Dean Swift, well illustrated in his own case and that of his associate friends, Harley and Bolingbroke (three of the rarest geniuses that ever acted together, and whose cause went to ruin notwithstanding their wit and eloquence), that genius was not necessary to the conducting of the afiairs of state : that judgment, diligence, know- ledge, good intentions, and will, were sufBcient. Mr. Monroe was an instance of the soundness of this remark, as well as the three brilliant geniuses of Queen Anne's time, and on the opposite side of it. Mr. Monroe had none of the mental qualities which dazzle and astonish mankind ; but he had a discretion which seldom committed a mistake — an integrity that always looked to the public good — a firmness of will which car- ried him resolutely upon his object — a diligence C80 THIKTV YKAUS' VIEW. pi that nmstiTod every Bubji'ct — iiiid ii perHevenuico timtyii'ltk'il to no ulmtiu-le or reverHe. He iK'gun hin |iatri(itic cnreor in the niilitiiry Hervice, nt tl>e connneiicciiieiit of the war of the revohition — went into the general OHsenihly of \m native State nt an early ago — and thence, while still young, into the continental CongresH. There he Hhowed hin character, and laid the foundation of hiu fiitinc |K)litioal fortuncH in his unconipro- niising oppoHition to the plan of a treaty with Spain by which the navigation of the MisHiHslf)- pi wiiH to be given seas " was as necessary to our respectability In the eyes of the world, as to tho secunty of our citizens and commerce upon the ocean. ]|e brought up Mr. Mailison to tho war point. He drew the war report which tho committee on foreign rcdations pn>sented to tho House— that report which the absence of Mr. Peter B. Porter the chainnan, and th« hesitancy of Mr. Grundv tho second on tho committee, threw into tho hands of Mr. Calhoun, tho third on the list and tho yo>mgest of the committee ; and the prc- sentatiim of which immediately gave him a na- tional reputation. Prime mover of tho war, ho was also one of its most efficient siipportciM, taking upon himself, when adversity pressed, the actual duties of war minister, financier, and foreign secretary at tho same time. He was nn enemy to all extravagance, to all intrigue, to all indirection in tho conduct of business. Mr. .Jefferson's comprehensive and compendious eii- logium upon him, as brief as true, was the faithful description of the man — " honest and brave." Ho was nn enemy to nepotism, and no consideration or entreaty — no need of the support which an office would give, or interces- sion from friends — could ever ind.ice liim to appoint a relative to any place under the gi> vernment. Ho had opposed tho adoption of the constitution until amendments were ob- tained ; but these had, ho became one of its firmest supporters, and labored faithfully, anx- iously and devotedly, to administer it in its puri- ty. Ho was the first President under whom the author of this View served, commencing his first senatorial term with the commencement of the second presidential term of this last of the men of the revolution who were spared to fill tlicofllce in the great Republic which they had foundei ANNO 1886. ANDREW JACKSON, I'ltlvSIDKNT. C81 irinK, he went Imck to U>o oM -Korvcil ni?ain in l»»o Virp;iiii» ly_wuH atiuin clfited Oovi'iiicr: ,ost waH cuU«» to the ciihiiu-t of , t,e hiH a.)ublo Secretary «.f State WHS the effective power in llu- war againBt Great Britain, llin wl ha.1 Hiiown him that unaveiiRv,! < was lowering our character wit!i mt war with the " iniHtrcHS of tlw necessary to our respectability in ,0 worhl, as to the Becurity of .mr commerce ujwn the owan. lie Ir. Madison to the war point. Ho report which the committee on ,nB presented t(» the House-that the absence of Mr. Peter B. Porter, ,and thu hesitancy of Mr. (Irumly, an the committee, threw into tlie Calhoun, the third on the list and t of the committee ; and the pre- which immediately gave him a Pa- ction. Prime mover of the war, ho c of its most efficient Bupportel^ , himself, when adversity prissd, luties of war minister, financier, m\ ctary at the same time. He was an II extravagance, to all intrigue, to nil in the conduct of business. Mr. comprehensive and compendious eu- m him, M brief as true, was the icription of the man-" honest and e was an enemy to nepotism, and •fttion or entreaty-no need of the ich an office would give, or intcrccs- friends— could ever ind.ice liim to elfttive to any place under the ijo- llc had opposed the adoption of lution until amendments were ob- these had, ho became one of its morter8,and labored faithfully, anx- Icvotedly, to administer it in its pvm- the first President under whom the nis View served, commencing his first erm with the commencement of the idential term of this last of the men utionwhowercsparedtof.lltl.coffi«. Republic which they had foundei CHAPTER CXLIX. DKATII OP CIIIKK JUHTICK MAUHirALU Hr. died in the middle of the second term of General Jackson's presidency, liuving Iwen chief justice of the Supremo Court of the United States full thirty-five years, presiding all the while (to use the inimitable language of Mr. Ilamlolph)) "with native dignity and iinpre- limling grace." Ho was supremely fitted for high judicial Htati(m : — a solid juiients far bebinrl, and carry- ing the case. Scldnm lias one speech bi-oiight so much fame, and high appointment to any ono man. When he had delivered it his reputation was in the zenith : in less than nine brief months thereafter he was Secretary at War, Secretary of State, Minister to France, and Chief Justice of tho Supn-nie Court of thu United States. Politically, he classed with the federal party, and was one of those high-minded and patriotic men of that jiarty, who, acting on principle, comiimnded the resiMJct of those evoa V, ho deemed them wrong. CHATTER CL. DEATH OF cot,. IMIUU, TIIIKD VICK.pnKSIDENT OK TUK IINITKU BTATKB. Hk was one of tho few who, entering the war of indepenilenco with anlor and brilliant pros- pects, disappointed tho expectations he had created, dishonored the cause ho hwl espoused, and ended in shame the career which he ha nhysn of simiiic, iiiiHcry, Riiil (IcNoliitioii. II)- iiitri;;iii<(l with tlio fiilii'iil luts Jo Hii|>|)liiiil Mr. •Jcllirsoii — lo (j;ct llio \i\nrv of I'rcMidfiif, for wliii-li ho hud not rcccivtil n Kinf^li! vote — wiiM HiiH|H'ftrd, dclcctt'd, Imlllfd — lost tlut n'M|i('ct of hin pitrty, and was thrown u|)oii criiiii'M to rtcovcr a poHitioTi, or to iivonnc liirt loHHCht, Thn tnaHonahlr attciii|it in llu- Wi'Ht, and thd killing of (icncral llainillnn, ended hirt raivrr in tlio llnilid StatiM. Hut althoii)(li he had dcnivcd llir iiiiimhcm, and rt'iu'hcd till! mcoiid olllct" of thu i^ovi'miiii-nt, with tho cfrtaiiity of attaining Ihi* fliHt il he only remained still, 3'et there were Konie ehme ohnervei'H whom he never di'eeiverl. The early tniHtriiMt of Washington has hciMi tneiitinned : It iM-eame stroiifjer aH Ihirr inonnted hij^her in thu pnhlic favor; and in I7')(, when a nenator iii (Jon^'iesH, and when the reimhliran party had taken him for their clioiee for the I'Veneh rniHsinn In the jilnee of Mr. Monror- reenlled, and had Kent a committee of whieh Mr. Madison was rhief to ask hiH nominntion from Washington, that wise nml virtuous man peremptorily re- fused it, K'vin;? as a catep;oriraI reason, that his rule was invarinhle, never to apjxtint an im- moral man to any ofllre. Mr. .lollerson liad the Hame ill opinion of him, and, notwilhstari'lin;; his party zeal, alwayH considered him in inarki^t when tho federaliHts had any hi^h office to ItcHtow. Hut Oencral Hamilton was most tjioron^hly imhiied with a Hense of his nn- worthiiiesH, and deemed it due to his country to Imlk his (doction over Jefferson ; and did ^o. HiH letters to the federal memhers of (!on^ress painted Hurr in his trno character, and dnHhcd far from his pT'asp, and forever, thi; pildi^l priw his hand wnH touching. For that frustration of his hopcH, four years afterwards, ho killed namilton in a duel, havinp; on tho part of Ihirr tho spirit of an assasHination — cold-hlooded, cal- culated, revenfreful, and falsely-pretexted. He allpRed Homc trivial and recent matter for the challcnKo, such ns would not justify it in any code of honor; anfl went to the (ijround lo kill upon an old Kriidgo which he was ashamed to avow. Hard was the fate of Hamilton — losinp his life at the early age of fort /-two for having done justice to his country in the person of the man to whom he stood inost politically oppoMid, iini) the eliirf of the party l>y which he hud Imoi eoiiHtraineil to retire from thu sceiii) of puhlin life lit the up- of thirty four the ii^e at wliiili iiinst others liej^in it — he having ace'ifuplisiKil Ki^^anlic works. He was the man inoHtemiiK ntly ami variously endowed of all the emim nt imii of his day- • at once soldier and Mlaledman, wil h n head lo conceive,and a hand to execute : a u 1 iii r an orator, ajurist: an or^ani/.iii;< mind, alilc lii (jrasp the ^'lealest system ; and adiniiiihlialJvi t't execute till! Ninallest details: wholly luriiil to the practical husiness of life, and with a en- parity for application and prodm^iion uhjili teemed with j;i>;antic lahors, each worthy to U. till' Kole prodii(;t of a single master inlelltct ; Imi lavished in litters from the ever teeiiiinj; f rm^ dity of his prolidc ^enuis. Hard his fati', wIkh witlidrawiii)^ from piihlic life at the m^'c of thirty-four, he fell himself constrained to ii|(p(.,,| to posterity for that justice whirh roiiti'iii|iii- rarii's withhehl from him. And the appiiilMai not in vain. Statues rise to his memory: lii^ tory emhalms his name: posterity will do ju.. tice to the man who at the a>^e of twenty vm " the principal and most ('onfidenlial aid fif VVashin;^foii," who retained the love and (onli dence of the Father of his country to thi! Lxst; and to whom honorahle opponents, while (,|^ posinj^ his HystcniH of policy, aticorded lion.r and patriotism, and social airections, and lim^ ."•cendental ahilities. — This idiapter wan (okv- menced to write a notice of the character of (/'olonel Uiirr; hut that suhject will not n- 1 main iimh'r the . At the apiiearann: of | that name, the ,' piril of Hamilton slarts iipii rehiike the intrusion — to drive hack the fml apparition to its gloomy ahodi! — and to conctn-l tralu nil generous feeling on itself. C II APT K II CLI. DKATII OK WIU-IAM M. UlLKH, OV VIltOINIA. Ur. also died under tho presidency of Ocwnlj Jackson. He was one of the cnrmiiit imUal men coming upon the stage of action with ttioj establishment of the new constitution— wilhj the change from a League to a Union ; from tlij| confederation to tho unity of tho .Stalf»— aii(l| ANMi Im:iiV ANIHIKW JACKSON. rUlvMIId'.NT. <;h3 \w j.ftiiy I'y wi>i«»> •'•' '"*'' '•" " „ ritiiv fioin lilt' HCi'm >!; IMT'.inj.liMl,,,! K. lie wiiM llu" miin iiiiit«l.»niiimilly /ni.lowr.l of all tl"' «niin.i.l u.ni t oiin- Kold'nT iukI «tuli-(«iimn, will. » .iv««,un.liihuii.U.M-xrnilr:iiwiil,r, lurml: uii ..r^^aiti/.iiiK min'l, nl-lr U, riilrHl syslcni ; uikI iwliiiiniHliuliv., „„ Hliuill.-sl, .IrtiiilH-. wlM.lly turiH4 Will iM.sinrsH of lifo, uixl willui o „IH)rwiili"i» uiiil i.n.dudioii wl.idi , niniiiilic Ifih'.rH, rucli worlliy IoIk. liictof a hiii^^lfiuMHtcr intillicl ; W littiTH from Iho ever l.fiiiiii>; fr.Mii. .n.lillf Kcniii-t. Iliinlhis fat.-, wliin, 1^ fn.m i.iil'li" I'l"*' at. Mm- !.«.• ..f Ik- f,.liliiiim(-ir<'<'MHlraincaiou|iH y for Unit jiiHlico wlii''l" <'milfiii|,o- |„-M rn.m liiin. Ah'I i1mmiii|«!iI w;i, StatiifH ris«) to liin imiiK.ry. In. I'.nH JiiH iiani.-: |.(mt,.-rily will 'Im'i . ,„an wl... at Uio aK«- «f tw.-nly wm ripiil Hixl iiioMt rot.llilfiiliiil i'i'l "f ,n," wlio n-lainot^ \^'''''' "1'^ HynU'tm of I.'.li<-y, iwror.l.d liMii.r, [.Uhiii, and Hocial ain-ctioi.M, aii>l \m, al.iiiti»-s.— TliiH •'Imp''''' "'^'* "'"*■ writer a notico of th.' clmnictorhf ,„.,.; »,ut that Hiil.j.rt will u<-l n^ I,.,, (ho . At tlic nii|)cur!iii(c of tin- rpiritof Ilainiltoii nlails up I, I,, -...(....sioM-to (Irivf. lack tho f.il to itH gloomy alxxlo— ii'i'l I" <='""'"■ -iicroim fciilinj; on itHclf. D'ltM nnr of (III* inoHt 4'on^'|li^l|l)nN in I lu- early kiiiiiiIh of our ('oii).'ri'SH. lii* IukI timl kind of KiirnkiiiK lidinl wliiili In niiml ttiii-liv*- m l*'gi'< Intivt' liodii-N, and wliiili iM ho diffi-ritil from .i'l M|>i-y Ml- llandolpli l<> li*-, in our IJonNi* of llipn M-nlativi-H, wlial. Cliarit-^ l-'ox \vb-« udrnil till to Ik* in tlin Itritirtli llonst* of roinrnonH: till- nioNt a<-roni|iliM|i«'d drliuli-r wliii-h lii-< mnn try liad i-vi-r Mrt-n. Itiit lli< ir H<-(|tiin-d advan- lapcM wi-rc v«-ry flilft-n-nt, and tlii-ir hcIiooIh of |ini; on i very huI»j»<'1 ; Mr. (lilcH out of tin* llonKi-, lalkin^ lu <-vrry liody. Mr. Kox, a ri|M- Hfliolar, uddirlcd to lilcr- iliirt', and inilnit-d with all tin* iiarnin); of ail ilii- (la- HicH in all time; Mr. (iiU-M ni-itht-r n-ad nor rtiidird, Imt lalki-d iiH-i'H>anlly with nltlr iiK'ii, ralliir d(-l)atin){ willi llnni nil tlu* \vlii!(- : imi dn*w from lliiH Konrn* of informal ion, and finia 111'' n-ady jiowci-h of lii-i min[;ov- mi'ir; ami di(-d at an advanced a^c, like Patrick llldiry, without doin« JiiKtico to his ^'r-nins in Ilk IranftmiMMion of hin hiliopH to poHtcrity ; Im*- LiiHf, lik(* Henry, he haiitii>n ; and Mr. IIukIi I.. While llml of a frii^>;ment of I III* deupH-rni-y. Mr. \'un Itiinii wii 1 eli-rlr-ij, rei-eivin); one hiindt'i'd and Mi-u-nly electoral voten, to Hi-venly three >(ivtn (o (Jim-- nil lliirrifon, iind twenty nIii ^iven to Mr. W'liile. The Mali-H voting for eiw-h, wen*: Mr. Van lliiii-n : Maine, Nnw Hampshire, Khode iMtmid, f .MinHi-nippi ; Mr. IJedford Brown of iNorth (Jarolina; Mr, IJuchau- 684 THIRTY YEARS' VIEW. ■>. J. J 1'.' IF an of Pennsylvania ; Mr. Cuthbert of Georgia ; Mr. Duna of Maine ; Mr. Ewing of Illinois ; Mr. Fulton of Arkansas ; Mr. Grundy of Tennessee ; Mr. Hendricks of Indiana; Mr. Hubbard of Maine ; Mr. William Rufus King of Alabama ; Mr. John P. King of Georgia ; Mr. Louis F. Linn of Missouri ; Mr. Lucius Lyon of Michi- gan ; Mr. McKean of Pennsylvania ; Mr. Gabriel Moore of Alabama ; Mr. Morris of Ohio ; Mr. Alexander Mouton of Louisiana; Mr. Wilson C. Nicholas of Louisiaiui ; Mr. Niles of Connec- ticut ; Mr. Johu Norvell of Michican ; Mr. John Page of New Hampshire ; Mr. Richard E. Par- ker of Virginia; Mr. Rives of Virginia; Mr. John M. Robinson of Illinois ; Mr. Ruggles of Maine ; Mr. Ambrose H. Sevier of Arkansas ; Mr. Peleg Sprague of Maine ; Mr. Robert Strange of North Carolina ; Mr. Nathaniel P. Talmadge of New York ; Mr. Tipton of Indiana ; Mr. Ro- bert J. Walker of Mississippi ; Mr. Silas Wright of New York. Those voting for Mr. Francis Granger were : Mr. Richard H. Bayard of Dela- ware ; Mr. Clay ; Mr. John M. Clayton of Dela- ware ; Mr. John Crittenden of Kentucky ; Mr. John Davis of Massachusetts ; Mr. Thomas Ewing of Ohio ; Mr. Kent of Maryland ; Mr, Nehemiah Knight of Rhode Island ; Mr. Pren- tiss of Vermont ; Mr. Asher Robbins of Rhode Island ; Mr. Samuel L. Southard of New Jer- sey; Mr. John S. Spence of Maryland; Mr, Swift of Vermont ; Mr. Gideon Tomiinson of Connecticut; Mr. Wall of New Jersey; Mr. Webster. South Carolina did not vote, neither in the persv/U of Mr. Calhoun nor in that of his colleague, Mr. Preston : an omission which could not be attributed to absence or accident, as both wci-e present ; nor fail to be remarked and con- sidered ominous in the then temper of the State, and her refusal to vote in the three preceding presidential elections. CHAPTER CLIII. LAST ANNUAL MESSAGE OF PRESIDENT JACKSON. At the opening of the second Session of the twenty-fourth Congress, President Jackson de- livered hi« last Annual Message, and under cir- cumstances to be grateful to his heart. The powerful opposition in Congress had been broken down, apfl he saw full majorities of ardent and tried friends n; each House. We were in peace and friendship wuh all the world, and all excit- ing questions quieted at home. Industry in ail its branches was prosperous. The revenue was abundant — too much so. The people were hap. py. His message, of course, was first a recapitu- lation of this.auspicious state of things, at home and abroad ; and then a reference to the ques- tions of domestic interest and policy which re- quired attention, and might call for action. At the head of these measures stood the deposit act of the last session — the act which under the insidious and fabulous title of a deposit of a surplus of revenue with the States — made an actual distribution of that surplus ; and was in- tended by its contrivers to do so. His notice I of this measure went to two points — his own | regrets for having signed the act, and his mis- givings in relation to its future observation. He | 3aid: "The consequences apprehended, when the deposit act of the last session received a r^ luctant approval, have been measurably realizeatel use, without the consent and against the will ofl the government. But, independently of the violation of public faith and moral obligationl which are involved in this suggestion, when examined in reference to the terms of the prc-| sent deposit act, it is believed that the cor siderations which should govern the futui legislation of Congress on this subject, will equally conclusive against the adoption of w) mt'iisure recognizing the principles on whici the suggestion has been made." This misgiving was well founded. Before ihi taxes, tOSW' port) butioi inoth propei bo the (and I to be a which |tiuns ( beasa •leqiu tribute ^the ob equ ■aura ANNO 1836. ANDREW JACKSON, PRESIDENT, 685 e saw full majorities of ardent and u each House. Wc were in peace in wiv^ all tlie world, and all excit- s quieted at home. Industry in all \va8 prosperous. The revenue was too much so. The people were hap. ssaRC, of course, was first a recapitu- is.auspicious state of things, at home . andthen a reference to the ques- mestic interest and policy which re- ntion, and might call for action. At f these measures stood the deposit ast session-the act which under the ,nd fabulous title of a deposit of a revenue with the States-made an ribution of that surplus ; and was m- -itscontriyerstodoso. His notice easurewenttotwopoints-hisown P having signed the act^ and his mjs. relation to its future observation. He consequences apprehended, whentkl ct S tbe last session received a r<^ 1 VmvP been measurably reahze.1. Ta'ct mrrely ?or the deposit of the •"" i nf the United States in the k-anted for the service of the penow to give '"oVive're monVto the several State. I, hSIbeen advised to use it as apft ^^ '"'y!/;^ f>,« means of refunding it rotrard to the means hT^r. Such a suggestion lias doubt. made without a due consideration o LTon orthe deposit act, and without tation oi ui f jjj„g principles! LtwS are affected by ^t. It J That the aw itself cannot sanction suciil that tne ^a^ gjj^njs thel e;"'nrtre1vitrrity to receive and dcnositTwithout intending to retun, Ian any deposit bank, or any individuj Cv charS^' with the safe-kcopiug ot t ?of tl^ P'iWic money, would now r,si"^*?^hrpriWe"i on .a testion has been made, misgiving was well founded. Before tl session was over there was actually a motion to release the States from their obligation to re- store the money — to lay which motion on the table there were seventy-three resisting votes — an astonishing number in itself, and the more so as given by the same members, sitting in the same seats, who had voted for the act as a de- posit a few months before. Such a vote was ominous of the fate of the money ; and that fate was not long delayed. Akin to this mea- sure, and in fact the parent of which it was the bastard progeny, was distribution itself under its own proper name ; and which it was evident was soon to be openly attempted, encouraged as its advocates were by the success gained in the deposit act The President, with his char- acteristic frankness and firmness, impugned that policy in advance ; and deprecated its effects un- der every aspect of public and private justice, and of every consideration of a wise or just policy. He said : "To collect revenue merely for distribution to the States, would seem to be highly impolitic, if not as dangerous as the proposition to retain it in the Treasury. The shortest reflection must satisfy every one that to require the people to pay taxes to the goveinment merely that they may be paid back again, is sporting with the substantial interests of the country, and no system which produces such a result can be expected to receive the public countenance. Nothing could be gained by it, even if each in- dividua! who contributed a portion of the tax could receive back promptly the same portion. But it is apparent that no system of the kind can ever be enforced, which will not absorb a considerable portion of the money, to be distri- buted in salaries and commissions to the agents [employed in the process, and in the various losses and depreciations which ar'se frons other lauses; ;:&nd the practical effect of such an at- I tempt must ever be to burden the people with taxes, not for purposes beneficial to them, but Ito swell the profits of deposit banks, and sup- Iport a band of useless public officers. A distri- bution to the people is impracticable and unjust in other respects. It would be taking one man's property and giving it to another. Such would bii the unavoidable result of a rule of equality [(and none other is spoken of, or would be likely [to be adopted), inasmuch as there is no mode by lirhich the amount of the individual cuntribu- jtions of our citizens to the public revenue can jbe aswrtai'ied. We know that they contribute K«cyiw//(/, and a rule therefore that would dis- luibute to them equally, would be liable to all Itlie objections which apply to the principle of equal division of [property. To make t>o meral government the instrument of carrying this odious principle into effect, would be at once to destroy the means of its usefulness, and change the character designed for it by the framers of the constitution." There was another considerp.iion connected with this policy of distribailon which the Pre- sident did not name, and could not, in the deco- rum and reserve of an official communication to Congress : it was the intended effect of these distributions — to debauch the people with their own money, and to gain presidential votes by lavishing upon them the spoils of their country. To the honor of the people this intended effect never occurred ; no one of those contriving these distributions ever reaching the high object of their ambition. Instead of distribution — instead of raising money from the people to be returned to the people, with all tha deductions which the double operation of collecting and dividing would incur, and with the losses which unfaith- ful agents might inflict — instead of that idle and wasteful process, which would have been childish if it had not been viciouo, he recom- mended a reduction of taxes on the comforts and necessaries of life, and the levy of no more money than was necessary for the economical administration of the government ; and salt! : " In reducing the revenue to the wants of the government, your particular attention is invited to those articles which constitute the necessaries of life. The duty on salt was laid as a wa ; tax, and was no doubt continued to assist in provid- ing for the payment of the war debt. Theie is no article the release of which from taxation would be felt so generally and so beneficially. To this may be added all kinds of fuel and pro- . visions. Justice and benevolence unite in favor of releasing the poor of our cities from burdens which are lOt necessary to the support of our government, and tend only to increase the wants of the destitute." The issuance of the "Treasury Circular" naturally claimed a place in the President's message ; and received it. The President gavo his reason for the measure in the necessity of saving the public domain from being exchanged for bank paper money, which was not wanted, and might be of little value or use when want- ed ; and expressed himself thus : " The effects of an extension of bank credits, and over-issues of bank paper, have been strik« ingly illustrated in the sales of the public lands. From the returns made by the various i-egistcra and receivers in the early part of last summer, '^■;-'}:'fet il' iff ' \ "\ M. 11 til' 686 THIRTY YEARS' VIEW. it was percnivod that the rocoipts arising from the sales of thp public lands, were increasing to an unprecedented amount. In effect, however, thcee receipts amounted to nothing more than credits in bank. The banks lent out their notes to speculators ; they were paid to the receivers, and immediately returned to the banks, to be lent out again and again ; being mere instru- ments to transfer to speculators the most valu- able public land, and pay the government by a credit on the books of the banks. Those cre- dits ca the books of some of the western banks, usually called deposits, were already greatly beyond their immf diatc means of payment, and were rapidly increasing. Indeed each specula- tion furnished means for another ; for no sooner had one individual or company paid in the notes, than they were immediately lent to ano- ther for a like purpose ; and the banks were extending tb-li business and their issues so largely, sis to alarm considerate men, and render it doubtful whether these bank credits, if per- mitted to accumulate, would ultimately be of the least value to the government. The spirit of expansion and speculation was not confined to the deposit banks, but pervaded the Avhole multitude of banks throughout the Union, and was giving rise to new institutions to aggravate the evil. The safety of the public funds, and the interest of the people generally, required that these operations should be checked ; and it became the duty of every branch cf the general and State governments to adopt all legitimate and proper means to produce that salutary effect. Under this view of my duty, I directed the issuing of the order which will be laid be- fore you by the Secretary of the Treasury, re- quiring payment for the public lands sold to be made in specie, with an exception until the 15th of the present month, in favor of actual settlers. This measure has produced many salutary con- sequences. It checked the career of the Western banks, and gave them additional strength in anticipation of the pressure which has since pervaded our Eastern as well as the European commercial cities. By preventing the extension of the credit system, it measurably cut off the means of speculation, and retarded its progress in monopolizing the most valuable of the public lands. It has tended to save the new States from a non-resident proprietorship, one of the greatest obstacles to the advancement of a new country, and the prosperity of an old one. It has tended to keep open the public lands for the entry of emigrants at government prices, instead of their being compelled to purchase of speculators at double or treble prices. And it is conve3Mng into the interior large sums in silver and gold, there to enter permanently into tiie currency of the country, and place it on a firmer foundation. It is confidently believed that the country will find in the motives which induced that order, and the happy consequences which will have ensued, much to commend and nothing to condemn.'" The people were .satisfied with the Treasury Circular ; they saw its honesty and good effects; but the politicians were not satisfied with it. They thought they saw in it a new exercise of Illegal power in the President — a new tampering with the currency' — a new destruction of tiie public prosperity; and commenced an attack upon it the moment Congress met, very much in the style of the attack upon the order for tlie removal of the deposits ; and with fresh hopes from the resentment of the " thousand banks," whose notes had been excluded, and from tlic discontent of many members of Congress whose schemes of speculation had been balked. And notwithstanding the democratic majorities in the two Houses, the attack upon the "Circular" had a great success, many members being in- terested in the excluded banks, and partners ia schemes for monopolizing the lands. A bill in- tended to repeal the Circular was actiiallv passed through both Houses ; but not in dirwt terms. That would have been toe flagrant. It was a bad thing, and could not be fairly done, and therefore gave rise to indirection and ainlii- guity of provisions, and complication of plira?is, and a multiplication of amphibologies, wliioh brought the bill to a very ridiculous conclusinn when it got to the hands of General Jackson. But of this hereafter. The intrusive efforts made by politicians and missionaries, first, to prevent treaties from bein" formed with the Indians to remove from tlie Southern States, and then to prevent tlie re^ moval after the treaties were made, led to se- rious refusals on the part of some of these I tribes to emigrate ; and it became necessary to dispatch officers of high rank and reputation. with regular troops, to keep down outrages and j induce peaceable removal. Major General! Jesup was sent to the Creek nation, where he I had a splendid success in a speedy and bloodless j accomplishment of his object. Major General Scott was sent to the Chcrokees, where a perti- nacious resistance was long encountered, but eventually and peaceably overcome. The Semi- 1 nole hostilities in Florida were just breaking out ; and the President, in his raessago, thus j notices all these events : " The military m )vemcnts rendered necessary by the aggressions of the hostile portions of tlw Semii^ule and Creek tribes of Indians, and by ] other circumstances, have required the active ANNO 1836. ANDREW JACKSON, PRESIDENT. 687 were .satisfied with the Treasury y saw its honesty and good effects; icians were not satisfied with it. t they saw in it a new exercise of in the President— a new tampering irrency— a new destruction of the )crity; and commenced an attack noment Congress met, very much 5f the attack upon the order for the he deposits ; and with fresh hopes sentment of the " thousand banks," had been excluded, and from the if many members of Congress whose speculation had been balked. And iding the democratic majorities iu uses, the attack upon the "Circukr'' success, many members being in- the excluded banks, and partners in • monopolizing the lands. A bill in- repeal the Circular was actnnlly lugh both Houses ; but not in diiect iat° would have been too flagrant. It thing, and could not be fairly done, 9rc gave rise to indirection and aiiilii- •rovisions, and complication of phrases, iltiplication of amphibologies, wliieli le bill to a very ridiculous conclusinn ot to the hands of General Jackson. icreafter. •usive efforts made by politicians and es first, to prevent treaties from being ith the Indians to remove from the States, and then to prevent tlie re- r the treaties were made, led to se- sals on the part of 6ome of these migrate ; and it became necessary to (fficers of high rank and reputation, ar troops, to keep down outra-rcs and aceable removal. Major General sent to the Creek nation, wlicre lie idid success iu a speedy and bloodless iment of his object. Major General sent to the Cherokees, where a perti- isistance was long encountered, but and peaceably overcome. The Serai- ities in Florida were just breaking the President, in his messago, thus these events : lilitary w. )vements rendered necessary trcssiims of the hostile portions o tho laud Creek tribes of Indians, and h} lumstauces, have required the active employment of nearly our whole regular force, including the marine corps, and of large bodies of militia and volunteers. With all these events, 60 far as they were known at the scat of govern- ment before the termination of your last session, you are already acquainted ; and it is therefore only needful in this place to lay before j on a brief summary of what has since oc urrcd. The war with the Seminoles during the ummer >vas, on our part, chiefly confined to the proteotioi? of our frontier settlements from the incursions of the enemy ; and, as a necessary and impor- tant means for the accomplishment of that end, to the maintenance of the posts previously es- tablished. In the course of this duty several actions took place, in which the bravery and discipline of both officers and men were con- spicuously displayed, and which I have deemed it proper to notice in respect to the former, by the granting of brevet rank for gallant services in the field. But as tlie force of the Indians was not so far wcakeiicd by those partial suc- cesses as to lead them to submit, and ".s their savage inroads were frequr".itly repeated, early measures w ere taken for placing at the disposal of Governor Call, who, as commander-in-chief of tiie territorial militia, had been temporarily invested with the command, an ample tbrce, for tlie purpose of resuming offensive operations in the most etlicient manner, so soon a^s the season should permit. Major General Jesup was also directed, on the conclusion of his duties in the deck country, to repair to Florida, and assume the command. Happily for the interests of humanity, the hostilities with the Creeks were brought to a close soon after your adjournment, without that effusion of blood, which at one time was apprehended as inevitabl.). The uncondi- i tiunal submission of the hostile party was tbl- hnved by their speedy removal to the country iNsiguuil them w^st of the Mississipi)i. The iu- quiiy as to the alleged frauds iu tlic purcliase of the reservations of these Indians, and the causes of their hostilities, requested by the re- solution t»f the House of Representatives of the Isl of July last to be made by the President, is !iow goiuij on, through the agency of eonauis- eiouers appointed for tliat purpose. Their report may be expected during your present session. The diffiralties apprehended iu the Cherokee country i*; ve been prevented, and tlie peace and sai'ety of tiiat region and its vicinity eliectually secured, by tlie timely measures taken by the Kar department, and still continued." The Bank of the United States was destined I to receive another, and a parting notice from I General Jack.son, and greatly to its further dis- I credit, brought upon it by its own lawless and I dishonest course. Its cliurter had expired, and lit had delayed to refund the stock paid for by United States, or to pay the back dividend ; lind had transferred itself with all its effects. and all its subscribers except the United States, to a new corporation, under the same name, created hy aproi'iso to a road bill iu the General Assembly of Pennsylvania, obtained by bribery, as subsequent legislative investigation proved. This transfer, or transmigration,, was a new and most amazing procedure. The metempsy- chosis of a bank was a novelty which confound- ed and astounded the senses, and set the wits of Congress to work to find out how it could legally be done. The President, though a good lawyer and judge of lavr, did not trouble him- self with legal subtleties and disquisitions. He took the broad, moral, practical, business view of the question ; and pronounced it to be dishonest, unlawful, and irresponsible ; and recommended to Congress to look after its stock. The mes- sage said : " The conduct and present condition of that bank, and the great amount of capital vested in it by the United States, require your careful at- tention. Its charter expired on the third day of March last, and it has now no power but that given in the 21st section, 'to use the corporate name, style, and capacity, for the purpose of suits, for the final settlement and liquidation of the affairs and accounts of the corporation, and for the sale and disposition of their estate, real, personal, and mixed, and not for any other pur- pose, or in any other manner whatsoever, nor for a period exceeding two years after tlie expira- tion of the said term of incorporation.' Before the expiration of the charter, the stockholders of the bank obtained an act of incorporation from the legislature of Pennsylvania, excluding only the United States. Instead of piuceeding to wind up their concerns, and pa}' over to the United States the amount duo on account '^f the stock held by them, the president and directors of tho old bank appear to have transferred the books, papers, notes, obligations, and most or all of its piviierty, to this new corporation, which entered upon business as a continuation of tiic old concern. Amongst other acts of questiona- ble validity, the notes of the expired corporation are known to have been used as its own, and again put in circulation. That the old bank hud no right to issue or reissue its notes after the expiration if its charter, cannot be denied; and that it couid not confer any such right on its substitute, any more than exercise it itself, is equally plain. In law and honest) , the notes of the bank in circulation, at the expiration of its charter, should have been called in by public advertisement, paid up as presented, and, to- gether with tliose on hand, cancelled and de- stroyed. Their re-issue is sancv.oned by no law, and warranted by no necessity. If the United States be responsible in their stock for the pay- ment of these notes, their re-issue by the new r w ' ». ft rfi' ! ^ f 688 THIRTY YEARS' VIEW. corporation, for their own profit, is a fraud on the government. If the United States is not responsible, then there is no lepal responsibility in any quarter, and it is a fraud on the country. They are the redeemed notes of a dissolved partnership, but, contrary to the wishes of the retiring partner, and without his consent, are ap:ain re-issued and circulated. It is the high and peculiar duty of Congress to decide whether any further legislation be necessary for the se- curity of the large amount of public property now held and in use by the new bank, and for vindicating the rights of the government, and compelling a speedy and honest settlement with all the creditors of the old bank, public and pri- vate, or whether the subject shall be left to the power now possessed by the executive and judiciary. It remains to be seen whether the persons, who, as managers of the old bank, un- dertook to control the government, retained the public dividends, shut their doors upon a com- mittee of the House of Representatives, and filled the country with panic to accomplish their own sinister objects, may now, as managers of a new Bank, continue with impunity to flood the coun- try with a spurious currency, use the seven mil- lions of gOTernment stock for their own profit, and refuse to the United States all information as to the present condition of their own proper- ty, and the prospect of recovering it into their own possession. The lessons taught by the bank of the United States cannot well be lost upon the American people. They will take care never again to place so tremendous a power in irresponsible hands, and it will be fortunate if they seriously consider the consequences which are likely to result on a smaller scale from the facility with which corporate powers are granted by their State government." This novel and amazing attempt of the bank to transmigrate into the body of another bank with all its effects, was a necessity of its position — the necessity which draws a criminal to even insane acts to prevent the detection, exposure, and ruin from which guilt recoils in not less guilty contriv- ances. The bank was broken, and could not wind up, and wished to postpone, or by chance avert the dreaded discovery. It was in the position of a glass vase, cra';ked from top to bottom, and ready to split open if touched, but looking as if whole while sitting unmoved on the shelf. The great bank was in this condition, and there- fore untouchable, and saw no resource except in a metempsychosis — a difiicult process for a soul- lees institution — and thereby endeavoring to continue its life without a change of name, form, or substance. The experimnnt was a catastro- phe, as might have been expected beforehand ; and as was soon seen afterwards. The injury resulting to the public service from the long delay in making the appropria- tions at the last session— delayed while occupied with distribution bills until the season for labor had well passed away. On this point the mes- sage said : " No time was lost, after the making of the requisite appropriations, in resuming the great national work of completing the unfinished for- tifications on our seaboard, and of placing them in a proper state of defence. In consequence however, of the very late day at which those bills were passed, hut little progress could be made during the season which has just closed. A very large amount of the moneys granted at your last session accordingly remains unexpend- ed ; but as the work will bo again resumed at the earliest moment in the coming spring, the balance of the existing appropriations, and, in several cases which will be laid before you, with the proper estimates, further sums for the Illte objects, may be usefully expended during the next year." Here was one of the evils of dividing the pub- lic money, and of factious opposition to the gov- ernment. The session of 1834 — '5 had closed without a dollar for the military defences, leav- ing half finished works unfinished, and finished works unarmed ; and that in the presence of a threatening collision with France ; and at the subsequent session of 1835- 6, the appropriations were not made until the month of July and j when they could not be used or applied. Scarcely did the railroad system begin to j spread itself along the highways of the Unitpi; | States than the effects of the monopoly and ex- tortion incident to moneyed corporations, began j to manifest itself in exorbitant demands for the] transportation of the mails, and in capriciomj reAisals to carry them at all except on their o»ii( terms. President Jackson was not the man \ submit to an imposition, or to capitulate to al corporation. He brought the subject before I Congress, and invited particular attention to itl in a paragraph of his message; in which he| said: " Your particular attention is invited to th^ subject of mail contracts with railroad cort panics. The present laws providing for the maU ing of contracts are based upon the prcsiimptlo!^ that competition among bidders will secure tii4 service at a fair price. But on most of the rail! road lines there is no competition in that kinij of transportation, and advertising is therefoN useless. No contract can now be made witlj them, except such as shall be negotiated befoit ANNO 18:^6. ANDREW JACKSON, PRESIDENT. 689 resulting to the public service delay in making the appropna. teession-delayed while occupu^d bills until the season for labor On this point the mes- on id away. » !««♦ after the making of the ''l.iSns in resuming the p-cat opnations, in 1 flnigVied for- otrbtS'aSorplacingthe™ 5ion sM^o™. "f Vk5 again resumed at ireM in th'r^ming spring the i^T^Sins: appropriations, and in , one of the evils of dividing the pul> „d of factious opposition to the gov. The session of 1834^'5 bad co.d dollar for the military defences, leav- •shed works unfinished, and finAd ^^ed; and that in the presence oh collision with France; and at, he tsessionofl835-6,theappropmtion Mde -til the month of July and I could not be used or applied. Llf along the highways „ the effects of the monopoly ai>de. "^nt to moneyed corporations,l.gan TuLlf in exorbitant demands for the tilof the mails, and in caprino. ■^arrythem at all except ontheiroj Snt Jackson was not the n.ant. rTmposition,ortocai»tulatetoa| „ He brought the subject b ".ndfn^ited particular attentio. to. paph of his message; m which hel the time of offering or afterwards, and the power of the Postmaster-general to pay tliem high prices is, practically, without limitation. It would be a : ilief to him, and no doubt would conduce to the public interest, to prescribe by law some equitable basis upon which such con- tracts shall rest, and restrict him by a fixed rule of allowance. Under a liberal act of that sort, he would undoubtedly be able to secure the ser- vices of most of the railroad companies, and the interest of the Department would be thus ad- vanced." The message recommended a friendly super- vision over the Indian tribes removed to the West of the Mississippi, with the important suggestion of preventing intestine war by mili- tary interference, as well as improving their con- dition by all the usual means. On these points, it said : ' The national policy, founded alike in interest and ill humanity, so long and so steadily pursued bv this government, for the removal of the In- dian tribes originally settled on this side of the Mississippi, to the west of that river, may be said to have been consummated by the conclusion of the late treaty with the Cherokees. The measures taken in the execution of that treaty, and in relation to our Indian affairs generally, I will fully appear by referring to the accompany- 1 ini papers. Without dwelling on the numerous aiul important topics embraced in them, I again invite your attention to the importance of pro- 1 vilius: a well-digested and comprehensive sj'stem frtr tlic protection, supervision and improvement I'tlie various tribes now planted in the Indian lountry. The suggestions submitted by the Immissioncr of Indian affairs, and enforced by ihe secretary, on this subject, and also in regard Itiithe establishment of additional military posts linthe Indian country, are entitled to yonr pro- found consideration. Both measures are neces- l-arv for the double purpose of protecting the lliiiians from intestine war, and in other re.spccts Icomplying with our engaiements to them, and Icf securing our Western frontier against incur- Isions, which otherwise will assuredly be made Ion it. The best hopes of humai < ty, in regard I) the alioriginal riice, the welfare of our rapidly Vtcnding settlements, and the honor of the Uni- Jfd States, are all deeply involved in the re! a- 5 existing between this government r.n-i the .particular attention is invited to tj Jf^ail ««^S V^^inTforthemak. KT-^SL^^KeeS ^^^t-amo„g^^-,,,^g lortation, and adve_rtising^ ^^^^ ^^^ oriauo", »"- c„ made wu. pons liiiigrating tribes. I trust, therefore, that the tiriu'-s matters submitted in the accompanying Ixumcnts, in respect to those relations, will re- pve your early and mature deliberation; and at it may issue in the adoption of legislative isures adapted to the circumstances and du- ta of the present crisis." This suggestion of preventing intestine wars 8 they are called) in the bosoms of the tribes, [founded equally in humanity to the Indians Vol. I.— 44 and duty to ourselves. Such wars are nothing but massacres, assassinations and confiscations. The stronger party oppress a hated, or feared minority or chief; and slay with impunity (in some of the tribes), where the assumption of a form of government, modelled after that of the white race, for which they have no capacity, gives the justification of executions to what is nothing but revenge and assassination. Under their own ancient laws, of blood for blood, and for the slain to avenge the wrong, this liability of personal responsibility restrained the killings to cases of public justifiable necessity. Since the removal of that responsibility, revenge, am- bition, plunder, take their course: and the con- sequence is a series of assassinations which have been going on for a long time ; and still continue. To aggravate many of these massacres, and to give tlieir victims a stronger claim upon the pro- tection of the United Slates, they are done upon those who are friends to tlie United States, upon accusations of having betrayed the interest of the tribe in some treaty for the sale of lands. The United States claim jurisdiction over their country, and exercise it in the punishment of some classes of criminals ; and it would be good to extend it to the length recommended by Pre- sident Jackson. The message would have been incomplete without a renewal of the standing recommenda- tion to take the presidential election out of the hands of intermediate bodies, and give it direct- ly to the people. lie earnestly urged an amend- ment to the constitution to that effect ; but that remedy being of slow, difficult, and doubtful at- tainment, the more speedy process by the action of the people becomes the more necessary. Con- gressional caucuses were put down by the people: in the election of 1824: their substitute and suc- cessor—national conventions — ruled by a minor- ity, and managed by intrigue and corruption, are about as much worse than a Congress cau- cus as Congress itself would be if the members appointed, or contrived the appointment, of thera- j selves, instead of being elected by the people. I Tl)«.' message ai)propriatelycoucluded with thanks to the people for the high honors to which they 1 had lifted him, and their support under arduous I circumstances, and said : ' '• Having now finished the observations deem ed projier on this, the last occasion I shall have of communicating with tha two Houses of Coi»» 690 THIRTY YEARS' VIEW. mill gress at their meeting, I cannot omit an cxpres- Bion of tho RratitiHe which is due to the preat body of my fellow citizens, in whose partiality and indulgence I have found encouragement and sup- CJ)ort in the many diiricult and trying scenes through which it has been my lot to pass dur- ing my public career. Though deeply sensible that my exertions have not been crowned with a success corresponding to tho degree of favor be- stowed upon me, I am sure that they will be considered as having been directed by an earnest desire to promote the good of my country ; and I am consoled by the persuasion that whatever errors have been committed will find a corrective in the intelligence and patriotism of those who will succeed us. All that has occurred during my adminisination is calculated to inspire me with increased confidence in the stability of our institutions, and should I be spared to enter up- pon that retirement which is so suitable to my age and infirm health, and so much desired by me in other respects, I shall not cease to invoke that beneficent Being to whose providence we are already so signally indebted for the continu- ance of his blessings on our beloved country." CHAPTER CLIV. FINAL REMOVAL OF THE INDIANS. At the commencement of the annual session of 183C~'37, President Jackson had the gratifica- tion to make known to Congress the completion of the long-pursued policy of removing all the Indians in the States, and within the organized territories of the Union, to their new homes west of the Mi jsissippi. It was a policy com- mencing with Jefferson, pursued by all succeed- ing Presidents, and accomplished by Jackson. The Creeks and Cherokees had withdrawn fix)m Georgia and Alabama; the Chickasaws and Choctaws from Mississippi and Alabama ; the Seminoles had stipulated to remove from Flori- da ; Louisiana, Arkansas and Missouri had all been relieved of tlieir Indian population ; Ken- tucky and Tennessee, by earlier treaties with the Chickasaws, had received the same advan- tage. This freed the slave States from an ob- stacle to their growth and pros{)erity, and left them free to expand, and to cultivate, to the ftill rieasurc of their ample boundaries. All the free Atlantic States had long been relieved from their Indian populations, and in this re- spect the northern and southern States were now upon an equality. The result has been proved to be, what it was thon believed it would be, beneficial to both parties ; and still more so to the Indians than to the whites. With thom it was a question of extinction, the time only the debatable point. They were daily wasting under contact with the 'vhites, and had before their eyes the eventual but certain fate of the hundreds of tribes found by the early colonists on the Roanoke, the James River, the Potoniac, the Susquchannah, the Delaware, the Connecti- cut, the Merrimac, the Kennebec and the Pen- obscot. The removal saved the southern tribes from that fatcj and in giving them new and unmolested homes beyond the verge of the white man's settlement, in a country temperate in climate, fertile in soil, adapted to agriculture and to pasturage, with an outlet for huiitin;:, abounding with salt water and salt springs- it left them to work out in peace the problem of Indian civilization. To all the relieved States the removal of the tribes within their bordcrii was a great benefit — to the slave States trans- cendently and inappreciably great. The largest tribes were within their limits, and the best if their lands in the hands of the Indians, to tLe extent, in some of the States, a.s Georgia, Ah. bama and Mississippi, of a third or a quarter of their whole area. I have heretofore shown, i;, the case of the Creeks and the Cherokees in Georgia, that the ratification of the treaties for the extinction of Indian claims within her iini^ its, and which removed the tribes which encuin- bered her, received the cordial support of north- 1 em senators ; and that, in fact, without tint j support these great objects could not have ken j accomplished. I have now to say the same of j all the other slave States. They were all ^^ ( lieved in like manner. Chickasaws and Clioc- taws in Mississippi and Alabama; Chickawl claims in Tennessee and Kentucky; Seminoles j in Florida ; Caddos and Quapaws in LoniKiana| and in Arkansas ; Kickapoos, Delawares, Shaw- necs, Osages, lowas, Pinkeshaws, Weas, Pe- orias, in Missouri ; all underwent the same pro-J cess, and with the came support and result.! Northern votes, in the Senate, came to the ratifi'j cation of every v. ^aty, and to the passage every necessary appropriation act in tlic Ihm of Representatives. Northern men may said to have made the treaties, and passed ltd acts, as without their aid it could not have beea done, constitutmg, as they did, a large majoriti ANNO 1836. ANDREW JACKSON, PRESIDENT. 691 •hat it was then believed it would Xth parties -, and still more ho intothowmtc.. With the. ,n of extinction, the t,mc only • ♦ Thev TV ere daily wasting Cuh thelites, and had hefo. ;icntual but certain fate of n,e ribes found by the early eoloms^s Ue the James River, the roto..ac, n:;h,theDela..v.vre,theC— •imac the Kennebec and the Pn- "mU saved the southern tnbes .t^; and in giving them new an,l homes beyond the verge of the BetUement, in a country tempmto .S i^ soil, adapted to agneutu. urage, with an outlet for hunt., ritfsLlt water and salt spnng.-> o work out in peace the problem Trt all the relieved States , L_t„ l\M Blavo Slates to.iv ia:^re::iiiy^--;r;T! c. ithin their limits, and he b.Uf is ; the hands of the Indians, to to some of the States, a.s Georgia Ah. M"sissippi,ofathirdoraquartcrof eaia. I iiave heretofore show,,,,:, of the Creeks and the Chorokeosn, hat the ratification of the tioatios for! :tron of Indian claims within her l.„,. toh removed the tribes which en«. rec^ved the cordial support of nonh. [oTand that, in fact, without tin, Cse great objects could not have b«u ihcd I have now to say the same of ler slave States. They were d.| £ manner. Chickasaws an . iMississippi and Alabama; ChiAa.. VTennesLe and Kentucky. ScnnnolJ L CaddosandQuapawsinl- tl^Kickapoos^elawa^S^^ Les lowas, Pinkeshaws, AN tas, mliri-, all underwent the sainepro- 'XtHle came support and re. • .otes in the Senate, came to the rat.fi rvryv..aty,andtothepassago. e sal appropriation act in the no. Lntutives. Northern ncnj^y L made the treaties and P^J^^J •ivnnt their aid it could not have m in the House, and being equal in the Senate, where a vote of two-thirds was wanting. I do not go over these treaties and laws one by one, to show their passage, and by what votes. I did that in the case of the Creek treaty and the Cherokee treaty, for the removal of these tribes from Georgia; and showed that the North wa.s unanimous in one case, and nearly so in the other, while in both treaties there was a south- ern opposition, and in one of them (the Chero- kee), both Mr. Calhoun and Mr. Clay in the negative : and these instances may stand for an iUustration of the whole. And thus the area of slave population has been almost doubled in the slave States, by sending away the Indians to make room for their expansion; and it is unjust and cruel — unjust and cruel in itself, independent of the motive — to charge these Northern States with a design to abolish slavery in the South. If they had harbored such design — if they had been merely unfriendly to the growth and pros- perity of these Southern States, there was an easy way to have gratified their feelings, with- out committing a breach of the constitution, or an aggression or encroachment upon these States: they had only to sit still and vote against the ratification of the treaties, and the enactment of the laws which eflected this great removal. They did not do so — did not sit still »nd vote against their Southern brethren. On the contrary, they stood up and spoke aloud, and gave to these laws and treaties an effective and zealous support. And I, who was the Senate's chairman of the committee of Indian afiairs at this time, and know how these things were done, and who was so thankful for northern help at the time ; I, who know the truth and love jus- tice, and cherish the harmony and union of the American people, feel it to be my duty and my privilege to note this great act of justice from the North to the South, to stand in history as a per- petual contradiction of all imputed design in the llc^^tdtes to abolish slavery in the slave States. I speak of States, not of individuals or societies. I have shown that this policy of the uni- versal removal of the Indians from the East to the West of the Mississippi originated with Mr. Jeiferson, and from the most humane motives, ttdafter having seen the extinction of more than forty tribes in his own State of Virginia ; and lijd l)een followed up under all subsequent ad- llninistrations. With General Jackson it was nothing but the continuation of an established policy, but one in which he heartilj' concurred, and of which his local position and his experience made him one of the safest of judges ; but, like every other act of his administration, it was destined to obloquy and opposition, and to mis- representations, which have survived the object of their creation, and gone into history. He was charged with injustice to the Indians, in not protecting them against the laws and jurisdiction of the States ; with cruelty, in driving them away from the bones of their fathers ; with rob- bery, in taking their lands for paltry considera- tions. Parts of the tribes were excited to resist the execution of the treaties, and it even became necessary to send troops and distinguish- ed generals — Scott to the Cherokees, Jesup to the Creeks — to efiect their removal ; which, by the mildness and steadiness of these generals, and according to the humane spirit of their orders, was eventually accomplished without the aid of force. The outcry raised against General Jackson, on account of these measures, reached the ears of the French traveller and writer on American democracy (De Tocqueville), then so- journing among us and collecting materials for his work, and induced him to write thus in his chapter 18 : " The ejectmeni: cf the Indians very often takes place, at the present day, in a regular, and, as it were, legal manner. When the white popula- tion begins to approach the limit of a desert inhabited by a savage tribe, the government of the United States usually dispatches envoys to them, who assemble the Indians in a large plain, and having first eaten and drunk with them, accost them in the following manner : ' What have you to do in the land of your fathers ? Before long you must dig up their bones in order to live. In what respect is the country you in- habit better than another ? Are there no woods, marshes or prairies, except where you dwell ? and can you live nowhere but under your own sun ? Beyond those mountains, which you see at the horizon — beyond the lake which bounds your territory on the west — there lie vast coun- tries where beasts of chase are found in great abundance. Sell your lands to us, and go and live happily in those solitudes.' "After holding this language, they spread before the eyes of thelndinns fire-arms, woollen garments, kegs of brandy, glass necklaces, brace- lets of tinsel, ear-rings, and looking-glasses. If, when they have beheld all these riches, they still hesitate, it is insinuated that they have not the meaus of refusing their required consent 692 TIIIUTY YKAIW VIEW. and that the povernmcnt itself will not long have the power of protecting them in their rights. What arc they to do ? Ilaif convinced, half compelled, they go to inhabit new deserts, whore the importunate whites will not permit them to remain ton years in tranquillity. In this manner do the Americans obtam, at a very low price, whole provinces, which the richest sovereigns in Europe could not purchase." The Orecian Plutarch deemed it necessary to reside forty years in Home, to qualify himself to write the lives of some Roman citizens ; and then made mistakes. European writers do not deem it necessary to reside in our country at all in order to write our history. A sojourn of some months in the principal towns — a rapid flight along some great roads — the gossip of the steam- boat, the steam-car, the stage-coach, and the hotd — the whispers of some earwigs — with the reading of the daily papers and the periodicals, all more or less engaged in partisan warfare — and the view of some debates, or scene, in Con- gress, which may be an exception to its ordinary decorum and intelligence: these constitute a modern European traveller's qualifications to write American history. No wonder that they commit mistakes, even where the intent is honest. And no wonder that Mons. do Tocqucville, with admitted good intentions, but with no "forty years " residence among lis, should be no excep- tion to the rule which condemns the travelling European writer of American history to the compilation of facts manufactured for partisan effect, and to the invention of reasons supplied from his own fancy. I have already had occa- sion, several times, to correct the errors of Mons. de Tocqucville. It is a compliment to him, implicative of respect, and by no means extend- ed to others, who err more largely, and of pur- pose, but less harmfully. Ilis error in all that lie has here written is profound ! and is injuri- ous, not merely to General Jackson, to whom his mistakes apply, but to the national charac- ter, made up as it is of the acts of individuals ; and which character it is the duty of ever}' American to cherish and exalt in all that is worthy, and to protect and defend from all un- just imputation. It was in this sense that I marked this passage in Do Tocqucville for re- futation as soon as his book appeared, and took steps to make the contradiction (so far as the alleged robbery and cheating of the Indians was concerned) authentic and complete, and as pub- lic and durable as the archives of the govern- ment itself. In this sense I had a call made fur a full, numerical, chronological and oilicial state- ment of all our Indian purchases, from the be- gining of the federal government in 1789 to that day, 1840— tribe by tribe, cession by cession, year by year — for the fifty years which the gov- ernment had existed; with the number of acns acquired at each cession, and the amount paid for each. The call was made in the Senate of the Uni- ted States, and answered by document No. 010, Ist session, 2Gth Congress, in a document of thirteen printed tabular pages, and autheuticattd by the signatures of Jlr. Van Buren, President; Mr. Poinsett, Secretary at War; and Mr. Hart- ley Crawford, Commissioner of Indian Ad'airs. From this document it appeared, that the I'lii- ted States had paid to the Indians cighty-llvu millions of dollars for land purchases up to tlie year 1840 ! to which five or six millions iniiy be added for purchases since — say ninety mil- lions. This is near six times as much as tlic United States gave the great Najjoleon fir Louisiana, the whole of it, soil and jurisdiction; and nearly three times as much as all three of the great foreign purchases — Louisiana, Floriiiii and California — cost us ! and that for soil alone, and for so much as would only be a fnigmiiit of Louisiana or California. Impressive as this statement is in the gross, it becomes more so in the detail, and when applied to the particiilii' tribes whose imputed sufferings have drawn so mournful a picture from Mons. de Tocqucville, These arc the four great southern tribes — Ciciks, Cherokees, Chickasaws and Choctaws. Applied to them, and the table of purchases and piiy- nients stands thus : To the Creek Indian? twentj'-two millions of dollars for twenty-live millions of acres; which is seven millions more than was paid France for Louisiana, and seven- teen millions more than was paid Spain for Florida. To the Choctaws, twenty -three mil- lions of dollars (besides reserved tracts), for twenty millions of acres, being three millions more than was paid for Louisiana and I'loriilii. To the Cherokees, fur eleven millions of ucres, was paid about fifteen millions of dollars, tiie exact price of Louisana or California. To llio Chickasaws, the whole net amount for which i this country sold under the land system of the j United States, and by the United States land i ANNO 18Sn. ANDREW JACKSON, mESIDENT. 693 ,9 thcarcluvcsof thogoyo-n- thiB sense I ha.1 a call made for chronoldgicul and oflicml state- Indian purchases, ^romihch, Icral government in 1789 to that ,c by tril'C, cession by cession, or the lifty years which the Kov- isted; with the number of acrts h cession, and the amount paid , n^ado in the Senate of the Unl- , answered by document No. OK. Jth Congress, in a document o •dtabuhir pages, and authcnticatal ,rcsofMr.VanBuren,Pre8ukut; Secretary at War; and Mr llait- Commissioner of Indian Atlair.. cumcnt it apiM^ared, that the I lu- ,1 paid to the Indians cighty-livu )lUrs for land purchases up to tk> o which five or six millions imy purchases since-say ninety iml- L near six times as much a« the OS gave the great Napoleon f.r ,c whole of it, soil and jimsdict.ou; hrce times as much as all tW .f .eign purchases-Louisiana, lovuk ia-cost us land that for sod alone, ,uch as would only be a fragimit , or California. Impressive as this , in the gross, it becomes move sou, tnd Ihen applied to the pavt.culiv p hnputed sufferings have dra.n jo picture from Mons.de rocqucMle. e four great southern tnbes-ticeks ChickasawsandChoctaws. Apvlad Id the table of purchases and pay- \Ci, thus: To the Creek Indai. > nViUions of dollars for tsyenty-Hvo acres; which is seven millions ...ore ,id France for Louisiana, aiul sm..- ,„s more than was paid Spa,.i f;. to theChoctaws,twenty-th.ecM...l- Lrs (besides reserved tracts for Lns'of acres, being three n.- Ivas paid for Loaismna and Ho. ■ ',rokees,ll.r eleven millions of ucu, .out fifteen millions of dom.«^ . of Louisana or California, lo U L the whole net amount for ^^ ': lid under the land system of tl. Cud by the United SUtcs la..a le offlccrH, three niillionH of dollars for six and three-quarter millions of acres, being the way the nation chose to dispose of it. Hero are fiffy-six millions to four tribes, leaving thirty millions to go to the small tribes whoso names nro unknown to history, and which it is probable tlic writer on American democracy ha«l never hoard of when sketching the picture of their fancied oppressions. I will attend to the case of these small re- mote tribes, and say that, besides their propor- tion of the remaining thirty-six millions of dollars, they received a kind of compensation suited to their condition, and intended to induct them into the comforts of civilized life. Of tliese I will give one example, drawn from a treaty with the Osagcs, in 1830 ; and which was only in addition to similar Iwneflts to the same tribe, in pn^vious treaties, and which were ex- tended to all the tribes which were in the hunt- ing state. These benefits were, to these Osages, two blacksmith's shops, with four blacksmiths, with five hundred pounds of iron and sixty pounds of steel annually; a grist and a saw mill, with millers for the same ; 1,000 cows and calve;-; two thousand breeding swine; 1,000 ploughs ; 1,000 sets of horsc-gcar ; 1,000 axes; 1,000 hoes ; a house each for ten chiefs, costing two hundred dollars apiece; to furnish these chiefs with six good wagons, sixteen carts, twenty-eight yokes of oxen, with yokes and log-chain ; to pay all claims for injuries com- mitted by the tribe on the white jH-'ople, or on other Indians, to the amount of thirty thousand dollars ; to purcha.se their reserved lands at two dollars per acre ; three thousand dollars to re- imburse that sum for so much deducted from their annuity, in 1825, for property taken from the whites, and since returned ; and, finally, three thousand dollars more for an imputed wrongful withholding of that amount, for the same reason, in the annuity [Miymcnt of the year 1829. In previous treaties, had been given seed grains, and seed vegetables, with fruit seeds and fruit trees; domestic fowls; laborers to plough up their ground and to make their fences, to raise crops and to save them, and teach the Indians how to farm ; with spinning, weaving, and sewing implements, and persons to show their use. Now, all ths was in one single trea- ty, with an inconsiderable tribe, which had been largely provided for in the same way in six dif- ferent previous treaties ! And all the rude trilxjs — those in the hunting state, or just emerging from it — were provided for in the same luaiiner, the object of the United States being to train them to agriculture and pasturage — to conduct them from the hunting to the pastoral and agri- cultural state ; and for that purpose, and in ad- diticm to all other benefits, arc to be added the support of schools, the encouragement of mis- sionaries, and a small annual contribution to religious societies who take charge of their civ- ilization. Hcsides all this, the government keeps up a large establishment for the speciial care of the Indians, and the management of their affairs ; a special bureau, presided over by a commissioner at Washington City ; superintendents in dilfer- ent districts ; agents, sub-agents, and interpret- ers, resident with the tribe; and oil charged with seeing to their rights and interests — seeing that the laws are observed towards them ; that no injuries arc done them by the whites ; that none but lict>nsed traders go among them ; that nothing shall be bought from them which is ne- cessary for their comfort, nor any thing sold to them which may be to their detriment. Among the prohibited articles are spirits of all kinds ; and so severe are the penalties on this head, that forfeiture of the license, forfeiture of the whole cargo of goods, forfeiture of the penalty of the bond, and immediate suit in the nearest federal court for its recovery, expulsion from the Indian country, and disability for ever to acquire another license, immediately follow every breach of the laws for the introduction of the smallest quan- tity of any kind of spirits. IIow unfortunate, then, in M. do Tocqneville to write, that kegs of brandy are spread before the Indians to in- duce them to sell their lands ! IIow unfortunate in representing these purchases to be made in exchange for woollen garments, glass necklaces, tinsel bracelets, ear-rings, and looking-glasses ! What a picture this assertion of his makes by the side of the eighty-five millions of dollars at that time actually paid to those Indians for their lands, and the long and large list of agricultural articles and implements— long and large list of domestic animals and fowls — the am{ le supply of mills and shops, with mechanics to work I them and teach their use— the provisions for schools and missionaries, for building fences and houses — which are found in the Osage treaty 694 THIRTY YEARS' VIEW. quoted, and which are to be found, morn or less, in every treaty with every tribe emerging from the hnntor state. The fact is, that the govern- ment of the United States has made it a fixed policy to cherish and protect the Indians, to im- prove their condition, and turn them to the habits of civilized life ; and great is the wrong and injury which the mistake of this writer hns done to our national character abroad, in repre- senting the United States as clieating and rub- bing these children of the forest. But Mons. de Tocqueville has quoted names and documents, and particular instances of im- position upon Indians, to justify his picture ; and in doing so has committed the mistakes into which a stranger and sojourner may easily fall. He cites the report of Messrs. Clark and Cass, and makes a wrong application — an inverted ap- plication — of what they reported. They were speaking of the practices of disorderly persons in trading with the Indians for their skins and fu)'8. They were reporting to the government an abuse, for correction and punishment. They were not speaking of United States commission- ers, treating for the purchase of lands, but of individual traders, violating the laws. They were themselves those commissioners and super- intendents of Indian affairs, and governors of Territories, one for the northwest, in Michigan, the other for the far west, in Missouri ; and both noted for their justice and humanity to the In- dians, and for their long and careful adminis- tration of their affairs within their respective superintendencics. Mons. de Tocqueville has quoted their words correctly, but with the comi- cal blunder of reversing their application, and applying to the commissioners themselves, in their land negotiations for the government, the cheateries which they were denouncing to the government, in the illicit tniflBc of lawless traders. This was the comic blunder of a stranger : yet this is to appear as American his- tory in Europe, and to be translated into our own language at home, and commended in a pre- face and notes. CHAPTER CLV. BECIBION OF THE TREA8UBT CIRCULAR. Immediately upon the opening of the Scnnts and the organization of the body, Mr. Ewing, of Ohio, gave notice of his intentitm to move a joint resolution to rescind trie treasury circular; and on hearing the notice, Mr. Benton made it known that he would oppose the resolution at the second reading — a step seldom resorted to except when the measure to be so opposed is deemed too flagrantly wrong to be entitled to the honor of rejection in the usual forms of legislation. The debate came on promptly, and upon the lead of the mover of the resolution, in a prepared and well-considered speech, in which he said : " This extraordinary paper was isstied by the Secretary of the Treasury on the 11th of .July last, in the form of a circular to the receivers of public money in the several land offices in the United States, directing them, after the l^th nf August then next, to receive in payment fur public lands nothing but gold and sihcr nmi certificates of deposits, signed by the Treasiner of the United States, with a saving in favor of actual settlers, and bona fide residents in the State in which the land happened to lie. Thi< saving was for a limited time, and expires, I think, to-morrow. The professed object of this order was to check the speculations in imblic lands ; to check excessive issues of bank paper in the West, and to increase the specie ciu-rency of the country ; and the necessity of the mea- sure was supported, or pretended to be support- ed, by the opinions of members of this body and the other branch of Congress. But, before I pro- ceed to examine in detail this paper, its ciiarac- ter, and its consequences, ! will briefly advert to the state of things out of which it f.xw: I am confident, and I believe I can make the thinp; manifest, that the avowed objects were not the only, nor even the leading objects for whicli this order was framed ; they may have influenced t!ie minds of some who advised it, but those who planned, and those who at last virtually exe- cuted it, were governed by other and different motives, which I shall proceed to explain. It was foreseen, prior to the commencement of the last session of Congress, that there would be a very large surplus of money in the public trea- sury beyond the wants of the country for all their reasonable expenditures. It was also well understood that the land bill, or some other measure for the distribution of this fund, would be again presented to Congress ; and, if the true ANNO 1836. ANDREW JACKSON, rii&4IDENT. 695 APTEK CliV. )F TlIK TUEASUBY ClRCtTLAR. upon the opcninp; of the Scnnt« nzation of the body, Mr. Ewing, notice of his intention to move a ,n to rescind tnc treasury circular; ,R the notice, Mr. Benton made it 10 would oppose the rcfiolution at iding— a step seldom resorted to, the measure to he so oppose,! ,0 flagrantly wrong to be cntitltd of rejection in the usual formH of The debate came on promptly, ami I of the mover of the resolution, in id well-considered speech, in which raordinary paper was issued by the the Treasury on the 11th of July orm of a circular to the receivers .,f y in the several land offices m the L directing them, after the ir.thnf n next, to receive m payment for i Tiothing but gold and siKor and of deposits, signed by the ln>asna.r ted States, with a savmg in favor ol 3rs, and bona fide i-esidents in the ich the land happened to he. This for a limited time, and expires I arrow. The professed object of this o check the speculations in puhlic leck excessive issues of bank paper and to increase the specie currency li'trv ; and the necessity of the men- pported, or pretended to be suppcvt- '"dnions of members of this body and •anch of Congress. But, before I pro- line in detail this paper, its clmrac- consequences, I will briefly ailvcrl | ofthingsoutof which It g.-cw. 1 ,t and I believe I can make Ihethmi; ,at the avowed objects were not the ren the leading objects for which this •amed ; they may have influenced the ome who advised it, but those who ,d those who at last virtually exc- '■re governed by other and differcn rtich I shall proceed to explain. It ■n prior to the commencement ot the I of Congress, that there would he a surplus of money in the public trea- d the wants of the country for a ' table expenditures. It was also wil that the land bill, or some othe /the distribution of this fundjou esented to Congress ; and, if the trae condition of the priblic sentiment wore know i and understood, that its dlHtribntion, in some form or other, wr.uld bo demanded Vy the coun- try. On the other hand, it seems to have been determined bv t le party, and some of those who net with it thoroughly, that the money should remain where ii, was in the deposit hanks, so that it could by wielded at pleasure by the exe- cntiv. This order grew out of the contest to which I have reterred. It was issued not by tlie advice of Congn«• in ipccic, with one oxccptirm. fur n jirfciMliiijr, iukI ii juililin itpofch of Mr. Clay in ^'""^ 'Inriitiun, ii nn) pnwticf It wiii favor the vi-rv Hpeciiliilici, tlu-yp;iivcotit IIiepn)-nmmR.f.nllieii.stit.i;:on „.i,i,.|, jt ,,„,fi.Hsos to emli'iivor" to mippiv.s of tiie Utile panic; and tlie proeoedinn nuainst Tlie olliccr wlio issued it, ns if eonKeioiin of n, llu" PriHident for violatinf; tlie laws ; and against ol>noxion«cJmraet('i-, slieltern liimsolf tM'liind tli,. name of the I*ri'Ni(lent. Hut (he I'n'Mident aii collected ancl paid in the legal currency of the Cnited States, or treasury n«)teB, or notes of the Hank of the United States, as by law pro- vided and declared, or in notes of banks wlijeh are payable and paid on demand, in said le|;ul cause of it is tlie mismanagement of the !*eve nue — mismanagement in two respects : the mo he was forbidden to receive them fit)m anil aflir the 2()th of February, 1H17. As to tlie nole^ I of banks wliich were payable and paid on di- manil in specie, the resfilution was not juoivK jtennissive, it was compulsory and mantlatoiv. He was bound, and is yet bound, to ixciivu them, until Congress interfere." Mr. Benton replied to the arguments of Mr. Ewing, the letter of Mr. Riddle, and the s|h'(oIi of Mr. Clay ; and considen'd them all aa identi- cal, and properly answered in the himp, witliont, special reference to the co-operating nssailiiiit?. On the point of the alleged illegality of t!ic treasury order, he pnxhiced the Joint llesolu- tion of 181G under which it was done ; and (lien said : " This is the law, and nothing can be jilaincr than the right of selection which it gives to the Secretary of the Treasury. Four did'er- ent »'e(//« are mentioned in which the revenue may be collected, and the Secretary is imulc the actor, the agent, and the power, by which the collection is to be effected. He is to do it in one, or in another, lie may choose several, or all, or two, or one. All are in the disjunctive. No two are joined logetiiei', but all are disjoined, and jjiesented to liiui in- dividually and separately. It is cieaiiy tiic right of the Secretary' to order the cullectimis | to be made in either of the four media mention- ed. That the resolution is not niaudutuiy iu r ANNO 18M. ANDREW JACKSON, I'lUXIDKNT. 697 ,,..(Mi', with o!u- cx.MT ion fur n n iiMwt ill-i».Jvis...lill«V"li '»'i'l l„n> IniirlncipU'HwM wioii^'; will favor llic very Hl-eculutiui, ■M^os to endi'iivor to i*ii|.i.r.-^s , iHMU-'l it, USif l'01|«M"11H..I It. iictcr Kheltcru JiimsoH Im-IhihI thf rt.Hi(tent. Kut the ProHi.lrnt uiwl no riuht to nroinulRatc m.v hu.!, w a.li»it« «•^ "" •"'«'' *•»"«•"'"""■ resolution of the aoth ot Aj.i il. ,1 in (.Iteration (and the lulmims- ,K>ca»ion of the removal of the d.- the pn-sent occasion, rehex upon tw) it cave the Secretary nosucii .chasexerciHe.!. That resolutum directed the Secretary of the lont Buch measures as ho inicht rv ' to ««uHe, as soon as may lie, xei, debts, or sums <•[ ^''^I'^^y-,'"- iuin!?l)ayuWe to the Ututcd State, d anil paid in the lepal currency of Hates, or treasury notes, or notes ,f the United States, ashy law p. 0- •lared, or in notes of banks xvluclj and paid on demand, m sai.l lepl he United States.' This resohitu.u vc and rr'»hihitory upon the Svcri'. to the notes of banks not rcUoin- . on demand. Astoall such noUs, ilden t.. receive them fit>"» and atur February, 1H17. As t« t he .mU.< uch were payable an.l pai. o" il|- fie the resolution was not mmlv t was compulsory and mandiit.Mv, „nd, and is yet bound, to reaivc Jongress inlerfeR-. n replied to the arguments of Mr. etter of Mr. Biddle, and the sikhcI. . and considercxl them all as idonti- icrly answere.1 in the lump, witliout. nee to the co-opeinting nssailantf. ,t of the alleged illegality of tlie cr he produced the Joint llesolu- undcr which it was done ; and then he law, and nothing can be pluiner Ihtof s^dectlon which it pm-s to Tv of the Treasury. I'our ilitlir- temenlioned in which the rcvtuuc Lcted and the Secretary is imule tagen^md the power, by vyluch In y to be etlected. He ;« tn le or in another. He may cho.>.e laiC or two, or one. All are .u Ive No tv>-o are joined lo;:etlRr, disjoined, and presented to hun...- Ind separately. U is ^'^^\^. TSecvetary to order the coUecti-ms Litherofthofourmer/iameutioiv. L resolutioQ is not maudatoij m favor of any one of the four, \n nVivlons from the ninnner in which the notes of the Bank of the United Stut's are menti'tned. They wtn' to be received as then provided for by law ; for the liiiuli clinrter hud then just passed ; and the Nth section had provided for the reception of the | notes of this institution until (Jongress, by law, I jlioulil direct otherwise. The right of tlio in- stitution to deliver its iKtt "s in piiynient of the rivciiiii', was ant rior to (his re oliition, and al- wiiys held uiuler that 1 Hh section, never under fills joint residution, and when that section was r pealed at the last Mestdon of this Congress, that ri^ht was admitted to be gone, and lias never liceii eliiimed since. The words of the law are nlcar; the practice under it has t)een uniform anil uninterrupted from the date of its passage to the present day. For twenty years, and un- (kr three Presidents, all tlie Secretaries of the Treasury have acted alike. Kach has made se- lections, permitting tlie notes of some specie- paying banks to be received, and forbidding others. Mr. Crawford did it in numerous in- stances ; and llerce and universal as were the attacks upon that eminent patriot, during the presidential canvass of lH2i, no human i»eing ever thought of charging him with illegality in this respect. Mr. Hush twice made similar se- lections, during the administration of Mr. Adams, and no one, either in the same cabinet with him, 01' out of the cabinet against him, ever comi)lain- iil of it. For twenty years the pralH!ecli and the Philadelphia letter, already re- ferred to ; and the fact of its positive advent and actual pi esence was Touched by the senator from Ohio [>Ir. Ewing] on the last day that the Senate was in .session. I do not permit myself I (^aid Mr. B.) to bandy contradictory assevera- I tions and debatable assertions across this floor. 1 choose rather to make an issue, and to test [ jssertion by the application of evidence. In this I way I will proceed at present. I will take the k'er of the president of the Bank of the United 1 Slates as being oflicial in this case, and most au- thoritative in the distress dei)aitinent of this coin- lined movement against President Jackson. lie annouuces, in November, the forthcoming of the nntioiial calninily in Peceinber ; and nftcr charg- ing part of thi^ ruin and niif)-operation — that of the bank — in the overthrow of President Jackson, and his successor, Mr. Van Ituren (for that is what he meant in this passage) : " In the mean time, all forbearance and calm- ness should be maintained. There is preat rea- son for anxiety — none w hatever for alarm ; and with mutual confidence and couraw, lie conn- try may yet be able to defend itself i ainst the gov. uinent. In that striiirgle my own |ioor elloi ts shall not be wanting. I go for the coun- try, whoever rules it. I go for the country, best loved when worst governed — and it will afford me far more gratilication to assist in re- pairing wrongs, than to triumph over those who inflict them." This pledge of aid in a struggle with the gov- ernment was a key to unlock the meaning of the movements then going on to ju'oduce the general suspension of specie paj'inents in all the hanks which saluted the administration of Mr. Van Buren in the first quarter of its eKistence, and was intended to produce it in its first month. C(msidering specie jiayments ns the only safety of the country, and forcse<,'ing the general bank explosions, chiefly contrived by the Bank of the United States, which was to re-appear in the ruin, and claim its re-establishment as the only remedy for the evils which itself and its confed- erates crcat< d, Mr. Benton said : " There is no safety for the feileral revenues but in the total exclusion of hjcal paper, and that from every branch of the revenue — customs, lands, and post office. There is no safety for the national finances but in the constilutional medium of gold and silver. After forty years of wandering in the wilderness of paper money, we liave approached the confines of the consti- tutional medium. Seventy-five millions of specie in the country, with the prospect of annual in- w* 698 THIRTY YEARS' VIEW. crrose of tcu or twelve millions for the next four years ; three l;"^nch mints to commence next spring, and the cou';^lete restoration of the pold currency ; announce the success of President Jackson's great mea urcs for the reform of the currei ■•> and vindicate the constitution from the libel of having prescribed an impracticable cur- rency. The success is complete ; and there is no way to thwart it, but to put down the treas- ury order, and to re-open the public lands to the inundation of paper money. Of this, it is not to be dissembled, there is great danger. Four deeply interested classes are at work to do it — speculators, local banks. United States Bank, and politicians out of power. They may succeed, but he (Mr. B.) would not despair. The dark- est hour of night is just before the break of day ; and, through the gloom ahead, he saw the bright vision of the constitutional currency erect, ra- diant, and victorious. Through regulation, or explosion, success must eventually come. If re- form measures go on, gold and silver will be gradually and temperately restored ; if reform measures are stopped, then the paper system runs riot, and explodes from its own expansion. Then the Bank of the United States will exult in the catastrophe, and claim its own re-estab- lishment, as the only adequate regulator of the local banks. Then it will be said the specie ex- periment has failed ! But no ; the contrary will be known, that the specie experiment has not failed, but it was put down by the voice and powev of the interested classes, and must be put up again by the voice and power of the disinter- ested community." This was u'.tercd in December 1830: in April 1837 it was history. 1*1 r ririttenden, of Kentucky, replied to Mr. Benton ; and said : ''The senator from Missouri had exhibited a table, the results of which he had pressed with a very triumphant air. Was it extraordinary that the deposit banks should be strengthened ? The effect of the order went directly to sustain them. But it was at the exj.ense of all the other banks of the country. Under this order, all the specie was collected and carried into their vaults : an operation which went to disturb and embarrass the general circulation of the country, and to produce that pecuniary difficulty v.'hich was felt in all quarters of the Union. Mr. C. did not profess to be competent to judge bow far the whole of this distress was attributable to the operation of the treasury order, but of this at least he was very sure, through a great part of the Western country, it was universally attributed to that cause. The senator from Missouri supposed that the order had produced no part of this pressure. If not, he would ask what it had produced ? Had it increased the specie in the country 1 Had it increased the specie in actual and general circulation ? If it had done no cvil^ what good had it done ? This, he believed was as yet undiscovered. So far &g 'o had operated at all, it had been to derange the state of the currency, and to give it a direc- tion inverse to the course of business. The honorable senator, however, could not see how moving money across a street could operate to affect the currency ; .and seemed to suppose that moving money from west to cast, or from east to west, would have as little effect. Money, however, if left to itself, would always move ac- cording to the ordinary course of business trans- actions. This course might indeed be disturbed for a time, but it would be like forcing the needle away from the pole : you might turn it round and round as often as you pleased, but, left to itself, it would still settle at the north. Our great commcicial cities were the natural reposi- tories where money centred and settled. There it was wanted, and it was more valuable if left there than if carried into the interior. Any iu- teiligent business man in the West would rather have money paid him for a debt in New-York than at his own door. It was worth more to him. If, then, specie was forced, by treasury tactics, to take a direction contrary to the natu- ral course of business, and to move from east to west, th-) operation would be beneficial to noue, injurious ^o all. It was not in the power of gov- ernment to keep it in a false direction or posi- tion. Specie was in exile whenever it was forced out of that place where business called for it. Such an operation did no real good. It was a 'orced movement and was soon overcome by tiie natural course of things. " Mr. C. was well aware that men might be deluded and mystified on this subject, and that wliilo the delusion lasted, this treasury order vnigbt be held up before the eyes of men lus a 'pUnd'd arrangement in finance; but it was only like the natural rainbow, which owid its very existence to the mist in which it had its being. The moment the atmosphere was clear, its bright colors vanislied from the view. So it i wonld be with this matter. The spcie of the country mu.st resume its natural course. Man I might as well escape from the physical )ieccssi- ties of their naturo, as from the laws wli'cli gov- 1 erned the movements of finance : and tlio man who professed to reverse or dispense witii the one was no greater quack than he who made I the same professions with regard to tl»e other. '• But it was said to be the distribution bill which had done all the mischief; and iMr. C. was ready to admit that the manner in which the government had attempted to carry that I law into eftect might in part have furnished the I basis for such a supposition. He had no doubt I that the pecuniary evils of the country had been I aggravated by the manner in which this hau| been done." Mr. Webster also replied to Mr. Benton, in an I elaborate speech, in which, before arguing thf I legal question, he said : ANNO 1836. ANDREW JACKSON, PRESIDENT. 699 as as yet undiscovered. So far m ted at all, it had been to derange he currency, and to give it a direc to the coarse of business. Ihe nator, however, could not see how .y across a street could operate to rency ; and seemed to suppose that .y from west to cast, or from east lid have as little effect, Money, eft to itself, would always moveac- le ordinary course of business trans- is course might indeed be disturbed it it would be like forcing the needle he pole: you might turn it round IS often as you pleased, butj, lett to aild still settle at the north. Our Mcial cities were the natural reposi- ; money centred and settled. There od and it was more valuable if left f carried into the interior. Any m- siness man in the West would rather r paid him for a debt in New-York 5 own door. It was worth more tu len, specie was forced, by treasury ake a direction contrary to the natu- )f business, and to move from east to Deration would be beneficial to nonc^ » all It was not in the power of gov- , keep it in a false direction or pi.si- sie was in exile whenever it was forced t place where business called lor it. 3cration did no real good. It was a remcnt and was soon overcome by the irse of things. was well aware that men might be ,d mystified on this subject, and that delusion lasted, this treasury order held up before the eyes of men as a irrangement in finance; but it was ;hc natural rainbow, which owed its ■nco to the mist in which it had its ne moment the atmosphere was clear, colors vanished from the view, bo it ivith this matter. The spc-ie of th.' tuHt resume its natural course-. Man ,ell escape from the physic,^ necessi- j ^r natuiv, as from the laws wii-cU gov- movemeats of finance: anu the man ssed to reverse or dispense with tlic >o greater quack than he who made irofessions with regard to the other was said to be the distribution bl done all the mischief; and Mr.t ■to admit that the manner m which •nment had attempted to carry that ffect might in part have furnished tl uch a supposition. He had no doubt ,ecuniary evils of the country had been by the manner in which this haa L » Lter also replied to ]SIr. Benton, in an I speech, in which, before arguing the Ltion, he said : " The honor .ible member from Missouri (Mr. Benton) objects ven to giving the resolution to rescind a socono reading. He avails himself of his right, though it bo not according to general practice, to arrest the progress of the measure at its first stage. This, at least, is open, bold, and manly warfare. The honorable member, in his elaborate speech, founds his opposition to this resolution, and his support of the treasury order, on those general principles respecting currency which he is known to entertain, and which he has maintained for many years. His opinions some c T us regard as altogether ultra and impracticable ; looking to a state of things not desirable in itself, even if it were practica- ble ; and, if it were desirable, as being far be- yond the power of this government to bring about. " The honorable member has manifested much perseverance and abundant labor, most undoubt- edly, in support of his opinions ; he is under- stood, also, to have had countenance from high places ; and what new hopes of success the pre- sent moment holds out to him, I am not able to judge, but we shall probably soon see. It is pre- cisely on these general and long-known opinions that he rests his support of the treasury order. A question, therefore, is at once raised between the gentleman's principles and opinions on the subject of the currency, and the principles and opinions which have generally prevailed in the >.)untiy, and which are. and have been, entirely opposite to his. That question is now about to be put to the vote of the Senate. In the pro- •riess and by the termination of this discussion, wc shall learn whether the gentleman's senli- fficnts ai jv are not to prevail, so far, at least, as the Senate is concerned. The country will rejoice, I am sure, to see some declaration of the opinions of Congress on a subject about which so much has been said, and which is so wall cal- culated, by its perpetual agitation, to disquiet and disturb the confidence of society, '' We are now fast approaching the day when one adiii'nistration goes out of office, and an- other is to come in. The country has an inte- rest in learning, as soon as possible, whether the nev administration, while it receives the power and patronage, is to inherit, also, the topics and the projects of the past ; whether it is to keep up the avowal of the same objects and the same schemes, especially in regard to the currency. Ihe Jrder of the Secretary is prospective, an I, oil ihe far.i of it, perpetual. Nothing in )r I about it gives it the least appearance of a tem- porary measure. On the contrary, its terms j imply no limitation in point of duration, and the gradual manner in which it is to come into ope- j ration shows plainly an intention of making it the settled and permanent policy of government, IndetJ, it is but now beginning its complete ex- igence. It is only five or six days since its full operation has commenced. Is it to stand as the law of the land and the rule of the treasury^ under the admin' stration which is to ensue? And are tho.sc notions of an exchisivo specie currency, and opposition to all banks, on which it is defended, to be esp used i nd maintrined by the new administration, as the/ have been by its predecessor? These arc ques'ims, not of mere curiosity, but of the highfst irferest to the whole country. In considering this order, the first thing naturally i.s, to look for the causes which led to it, or are assigned for its pronmlg.!- tion. And these, on the face of the oider itself, are declared to be ' complaints which have been made of frauds, spec alations, and monopolies, in the purchase of the public lands, and the aid which is said to bo given to eflect these oljicets, by excessive bank credits, and drnfrerous, if not partial, facilities through bank drafts and bav.k deposits, and the general evil influence likely to result to the public interest, and especially the safety of the great amount of money in the trea- sury, and the sound condition of the currency of the country, from the further exchange of the national domain in this manner, and chiefly for bank credits and paper money.' " This is the catalogue of evils to be cured by this order. In what these frauds consist, what are the monopolies complained of, or what is precisely intended by t'lese injiirions specula- tions, we are not informed. All is left on the general surmise of fraud, speculation and mono- poly. It is not avowed or intimated that the government has sustained any loss, either by the receipt of the bank notes which proved not to be equivalent to specie, or in any other way. And it is not a little remarkable that these evils, of fraud, speculation, ana monopoly, should have become so enormous and so notorious, on the 11th of July, as to i oquire this executive inter- ference for their snpprf'ssion, and yet that they should not have reached such a heigiit as to make it proper to lay the subject before Con- gress, although Congress remained in session until within seven days of the date of the order. And what makes this circumstance still more remarkable, is the fact that, in his annual mes- sage, at the commence. lent of the same session, the President had spoken of the rapid sales of the public lands as one of the most gratifying proofs of the general prosperity of the country, without suggesting that any danger whatever was to be apprehended from fraud, speculation, or monopoly. His words were: "Among the evidences of the increasing prosperity of the country, not the least gratifying, is that aflbrdcd by the receipts from the sales of the public lands, which amnnnt, in the present year, to the unexpected sum of eleven millions.' From the time of the deliveiy of that message, down to the date of the treasury order, there had not 'icen the least change, so far as 1 know, or so far as we are informed, in the maniur of receiv- ing payment for the public lands. Every thing stood.on the 11th of July, IH'Mi. as it had stood at the opening of the session, in December, 1835, How so different a view of things hap})eiied to be taken at the two periods, we may be able to 700 THIRTY YEARS' VIEW. learn, perhaps, in the further progress of thia debate. "The order speaks of the 'evil influence' likely to result from the further exchange of the public lands into 'paper noney.' Now, this is the very language of the ■ .leman from Mis- souri, lie habitually speu..s of the notes of all banks, however solvent, and however promptly their notes may be redeemed in gold and silver, as ' paper money.' The Secretary has adopted the honorable member's phrases, and he speaks, too, of all the bank notes received at the land offices, although every one of them is redeem- able in specie, on demand, but as so much ' paper money.' in this respect, also, sir, I hope we may know more as we grow older, and be able to learn whether, in times to come, as in times recently passed, the justly obnoxious and odious character of 'paper money' is to be applied to the issues of all the banks in all the States, with whatever punctuality they redeem their bills. This is quite new, as financial language. By paper money, in its obnoxious sense, I under- stand paper issiies on credit alone, without capi- tal, witiiout funds assigned for its payment, rest- ing only on the good faith and the future ability of those who issue it. Such was the paper mo- ney of our revolutionary times ; and such, per- haps, may have been the true character of the paper of particular institutions since. But the notes of banks of competent capitals, hmited in amount to a due proportion to such capitals, made payable on demand in gold and silver, and always so paid on demand, are paper money in no sense but one ; that is to say, they are made of jiajwr, ami they circulate as money. And it may be proper enough for those who maintain that nothing should so circulate but gold and silver, to denominate such bank notes 'paper mo- ney,' since they regard theiu but as paper intrud- ers into channels which should flow only with gold and silver. If tliis language of the order is authentic, and is to be so hereafter, and all bank notes arr to be regarded and stigmatized as mere ' paper money,' the sooner the country knows it the better. "The member from Missouri charges those who wish to rescind the treasury order with two objects • first, to degrade and disgrace the President ; and, next, to overthrow the consti- tutional currency of the country. For my own part, sir, I (k'noimce nobo«ly ; I seek to degrade or disgrace nobovly. Holding the order illegal and unwise, I shall certainly vote to rescind it ; and, in the discharge of this duty, I hope I am not expected to shrink back, lest I might do something which might call in question tlie wis- dom of tiie Secretary, or even of tiie President. And I hope that so much of independence as may be manifested by free discussion and an honest vote is not to cause denunciation from any quarter. If it should, let it come." It became a very extended debate, in which Mr. Niles, Mr. Rives, Mr. Hubbard, Mr. South- ard, Mr. Strange of N. C, Mr. Cluy, Mr. Walker of Miss., and others partook. The subject havitij* been referred to the committee of public lands of which Mr. Walker was chairman, reported a bill, " limiting and designating the funds receiv- able for the revenues of the United States ; " the object of which was to rescind the treasury cir- cular without naming it, and to continue tiic receipt of bank notes in payment of all dues to the government. Soon after the bill was re- ported, and had received its second reading, a motion was made in the Senate to lay the im- pending subject (public lands) on :hc table f()r the purpose of considering the bill reported ))v Mr. Walker to limit and desig.iatc the funds receivable in public dues. Mr. Benton was taken by surprise by this motion, which was iniino- diatcly agreed to, and the bill ordered to be en- grossed for a thii"d reading the next day. To that third reading Mr. Benton looked for liis opportunity to speak; and availed himself of it. commencing his speech with giving the reason why he did not speak the evening before wlioii the question was on the engrossment of t!io bill. He said he could not have foreseen tliat the subject depending before the Senate, the liiH for limiting the s;iies of the public lands to ac- tual settlers, would be laid down for the purpose of taking up this subject out of its order ; ami, therefore, had not brought with him some num- orandums which he intended to use when this subject came up. He did not choose to ask for delay, because his habit was to speak to subjects when they were called ; and in this particular j cause he did not think it material when he spoke; for he was very well aware that his speaking would not affect the fate of the bill. It would | pass ; and that was known to all in the chamhcr. It was known to the senator from Oliio (.Mr. ] Ewing) who indulged himself in saj'ing he I bought otherwise a few days ago ; but that vas only a good-natured way of stimulating his fi lends, and bringing them up to the scratch. The bill would pass, and that by a pood vote, for it would have the vote of the oppcsition, and | a division of the administration vote. Why, then, did he speak ? Because it was due to hi.s I position, and the part he had acted on the cur- 1 rency questions, to express his sentiments morel fully on this bill, so vital to the general curreii«| cy, than could be done by a mere negative vot&j ANNO 1836. ANDREW JACKSON, PRESIDENT. 701 Rives. Mr. Ilubbai-d, Mr. Sonth- Tc of N. C, Mr. Cluy, Mr. Walker ilicrs partook. The subject havnig to the committee of public lands, ^Valkcr was chairman, reported a and designating the fvmds veceiv- vcnucs of the United States ; " the ih was to rescind the treasury cir- t naming it, and to continue tlic »k notes in payment of all dues to ■nt. Soon after the bill was rc- md received its second reading, a nade in the Senate to lay the im- BCt (public lands) on .he table for ,f considering the bill reported l.y to limit and designate the funds public dues. Mr. Benton was taken by this motion, which was ininie- :d to, and the bill ordered to 1.c en- i thil-d reading the next day. To •eading Mr. Benton looked for Ins to speak; and availed hiniRelf ofit, r his speech with giving the reason not speak the evening before whe-i ,n was on the engrossment of t!ie lid he could not have foreseen tli«t depcn.ling before the Senate, the bill the s.ies of the public lands to uc- ri would be laid down fov the purpose fp this subject out of its order ; and, Ld not brought with him some nuiu- Ivhich he intended to use when this le up. lie did not choose to ask fov ase his habit was to speak to subjects were called; and m this particular not think it material when he spoke; very well aware that his speaking affect the fate of the bill. It woidd that was known to all in the chamber. [wn to the senator from Ohio (Mr. ho indulged himself in saying he thcrwise a few days ago ; but tliat I cood-natured way of stimulating his 1 bringing them up to the scratch, ould pass, and that by a pood vote id have the vote of the opposition, and I of the administration vote. ANhy, le speak 1 Because it was due to his ,d the part he had acted on the cur- itions, to express his sentiments mort! ,is bill, so vital to the general curreii- ,uia be done by a mere negative vot& He should, thereibre, speak against it, and should direct his attention to the bill reported by the Public Land Committee, which had so totally changed the character of the proceeding on this subject. The recision of the treasury order was introduced a resolution — it went out a resolution — but it came back a bill, and a bill to regulate, not the land office receipts only, but all the receipts of the federal government ; and in this new form is to become statute law, and a law to operate on all the revenues, and to re- peal all other law.^ upon the subject to which it related. In this new form it assumes an im- portance, and acquires aii effect, infinitely be- yond a resolution, and becomes in fact, as well as in name, a totally new measure. Mr. B. reminded the Senate that he had, in his fi -ot speech on this subject, given it as his opinion, that two main objects were proposed to be ac- complished by the rescinding resolution ; first, the implied condemnation of President Jackson for violating the laws and constitution, and de- stroying the prosperity of the country ; and, se- condly, the imposition of the paper currency of the States upon the federal government. With reijpcct to the first of these objects, he presumed ;t was fully proved by the speeches of all the opposition senators who had spoken on this sub- ject ; and, with respect to the second, he be- li vcd it would find its proof in the change which the original resolution had undergone, and the form it was now assuming of statute law, and especially with the proviso which was added at the end of the second section. Mr. B. then took up the bill reported by the committee, and remarked, first, upon its phrase- ology, not i'.i the spirit of verbal criticism, but ill the spirit of candid objection and fair argu- ment. There were cases in which words were things, and this was one of those cases. Money \ra.s a thing, and the only words in the constitu- ilun of that thing were, " gold and silver coin." The bill of the committee was systematically (xclusive of the words which meant this thing, and ujed words which included things which wore not money. These words were, then, a fair siibJ!ict of objection and argument, because tiey went to .set aside the money of the consti- tution, and to admit the jiublic revenues to be fail in something which was not money. The title )f the bill uses the word '" funds." It pro- kma, to designate the funds receivable for tiic revenues of the United States. Upon this word Mr. B. had remarked before, as being one of the most indefinite in the English language ; and, so far from signifying money only, esen paper money only, that it comprehended every variety of paper security, public or piivate, individual or corporate out of which money could be raised. The retention of this word by the committee, after the objections made to it, were indicative of their intentions to lay open the federal trea- sury to the reception of something which was not constitutional money ; and this intention, thus disclosed in the title to the bill, was fully carried out in its enactments. The words " legal currency of the United States " are twice used in the first section, when the words " gold and silver " would have been more appropriate and more definite, if hard money was intended. Mr. B. admitted that, in the eye of a regular bred constitutional lawyer, legal currency might imply constitutional currency ; but certain it was that the common and popular meaning of the phrase was not limited to constitutional money, but included every currency that the statute law made receivable for debts. Thus, the notes of the Bank of the United States were generally considered as legal currency, becaueo receivable by law in payment of public dues ; and in like manner the notes of all specie-paying banks would, under the committee's bill, rise to the dignity of legal currency. The second sec- tion of the bill twice used the word " cash ; " a word which, however understood at the Bank of England, where it always means ready money, and where ready money signifies gold coin in hand, yet with the banks with which we have to deal it has no such meaning, but includes all sorts of current paper money on hand, as well as gold and silver on hand. Having remarked upon the phraseology of the bill, and shown that a paper currency composed of the notes of a thousand local banks, not only might become the currency of the federal go- vernment, but was evidently intended to bo made its currency ; and that in the face of all the protestations of the friends of the adminis- tration in favor of re-establishing the national gold currency, Mr. B. would now take tip the bill of the committee under two or three other asiKicts, and show it to be as mistaken in its design as it would be impotent in its ciiect. In the first place, it transferred the business of 702 THIRTY YEARS' VIEW. ^^H| j^H ^mmm supprespinp; the small note circulation from the deposit branch to the collecting branch of the public revenne. At present, the business was in a cojirse of progress through the deposit banks, as a condition of holding the public moneys ; and, as such, had a place in the deposit act of the last session, and also had a place in the President's message of the last tession, where the suppression of paper currency under twenty dollars was expressly referred to the action of the deposit banks, and as a condition of their retaining the public deposits. It was through the deposit banks, and not through the reception of local bank paper, that the suppres- sion of small notes should be effected. In the next place, he objected to the committee's bill, because it proposed to make a bargain with each of the thousand banks now in the United States, and the hundreds more which will soon be born ; and to give them a right — a right by law — to have their notes received at the federal treasury. He was against such a bargain. He had no idea of making a contract with these thousand banks for the reception of their notes. He had no idea of contracting with them, and giving them a right to plead the constitution of the United States against us, if, at any time, after having agreed to receive their notes, upon condition that they would give up their small circulation, they should choose to say we had impaired the contract by not continuing to receive them ; and so either relapse into the issue of this small trash, or have recourse to the judicial process to com- pel the United States to abide the contract, and continue the reception of all their notes. Mr. B. had no idea of letting down this federal go- vernment to such petty and inconvenient bar- gains with a thousand moneyed corporations. The governiuent of the United States ought to act as a government, and not as a contractor. It should prescribe conditions, and not make bargains. It should give the law. He was against these baigains, even if they were good ones ; but they were bad bargains, wretchedly bad, and ought to be rejected as such, even if all higher and nobler considerations were out of the question. What is the consideration that the United States is to receive ? A mere indi- vidual agreement wjth each bank by itself, that in three years it will cease to issue notes under ten dollars^ and in five years it will cease to issue notes under twenty dollars. What is the price which she pays for this consideration ? In the first place, it receives the notes of such bank as gold and silver at all the land-offices, custom- houses, and post-offices, of the United States • and, of course, pays them out again as gold and silver to all her debtors. In the next place. It compels the deposit banks to credit them as cash. In the third place, it accredits the whole circu- lation of the banks, and makes it current all c-cr the United States, in consequence of universal receivability for all federal dues. In other words it endorses, so far as credit is concerned, the whole circulation of every bank that comes into the bargain thus proposed. This is certainly a most wretched bargain on the part of the United States — a bargain in which what she rccei-.es is ruinous to her ; for the more local payment she receives in pjiymcnt of her revenues, the worse for her, and the sooner will her treasury be filled with unavailable funds. Mr. B. having gone over these objections to the committee's bill, would now ascend to a class of objections of a higher and graver cha- racter. He had already remarked that tlie committee had carried out a resolution, and had brought back a bill ; that the committee pro- posed a statutory enactment, where the senator from Ohio [Mr. Ewing], and the senator from Virgiaia [Mr. Rives], had only proposed a joint resolution ; and he had already further remariied, that in addition to this total change in the mode of action, the committee had added wliat neither of these senators had proposed, a clause, under a provisO; to enact paper money into cash — to pass paper money to the credit of the United States, as cash — and to punish, by the loss of the deoosits, any deposit bank which should refuse so to receive, so to credit, and so to pass, the notes " receivable " under tlie prori- sions of their bill. These two changes inaiie en- tirely a new measure — one of wholly a dilFerent character from the resolutions of the two sena- tors — a measure which openly and in terras, and under penalties undertakes to make local State paper a legal tender to the federal government, and to compel the reception of all its revenues in the notes '' receivable " under the provisions of the committee's bill. After this gigantic step— this colossal movement — infiivor of paper money, there was but one step moi'e for the committee to take ; and that was to make these notes a legal tender in all payments from the federal ANNO 1836. ANDREW JACKSON, PRESIDENT. 703 for this consideration ? In the ccives the notes of such bank as at all the land-offices, custom- Bt-offlccs, of the United States; pays them out again as gold and er debtors. In the next place, it ,osit banks to credit them as cash. ace, it accredits the whole circu- nks, and makes it current all c cr itcs in consequence of universal r all' federal dues. In other words, , far as credit is concerned, the ion of every bank that comes into lus proposed. This is certainly a \ bargain on the part of the United gain in which what she recci-.es is r ; for the more local payment she .y'ment of her revenues, the worse le sooner will her treasury be filled ible funds. ing gone over these objections to EC's bill, would now ascend to a :tion8 of a higher and graver cha- had already remarked that the wl carried out a resolution, and hud Ic a bill ; that the committee pro- atory enactment, where the senator ^Ir. Ewing], and the senator from •. Rives], had only proposed a joint tnd he had already further remarked, ition to this total change in the on, the committee had added what lese senators had proposed, a clause, risoj to enact paper money into cash aper money to the credit of the BS, as cash— and to punish, by the denosits, any deposit bank which c so to receive, so to credit, and so notes "receivable " under the provi- ir bill. These two changes make en- measure— one of wholly a dilTerent ,m the resolutions of the twoscna- ;ure which openly and in terms, and ics undertakes to make local State al tender to the federal government, cl the reception of all its revenues in eccivable " under the provisions of ce's bill. After this gigantic step- movement— in favor of paper money, X one step move for the committee I that was to make these notes » in all payments from the fcdenl government. But that step was unnecessary to be taken in words, for it is taken in fact, when the other great step becomes law. For it is in- contestable that what the government receives, it must pay out ; and what it pays out becomes the currency of the country. So that when this bill passes, the paper money of the local banks will be a tender by law to the federal government, and a tender by duresse from the government to its creditors and the people. This is the state to which the committee's bill will bring us ! and now, let us pause and con- template, for a moment, the position we occupy, and the vast ocean of paper on which we are proposed to be embarked. We stand upon a constitution which recog- nizes nothing but gold and silver for money ; wc stand upon a legislation of near fifty years, which recognizes nothing but gold and silver money. Now, for the first time, we have a sta- tutory enactment proposed to recognize the paper of a wilderness of local banks for money, and in so doing to repeal all prior legislation by law, and the constitution by fact. This is an era in our legislation. It is statute law to con- trol all other law, and is not a resolution to aid other laws, and to express the opinions of Congress. It is statutory enactment to create law, and not a declaratory resolution to expound law ; and the effects of this statute would be, to make a paper government — to insure the ex- portation of our specie — to leave the State banks without foundations to rest upon — to pro- duce a certain catastrophe in the whole paper system — to revive the pretensions of the United States Bank — and to fasten for a time the Adam Smith system upon the Federal Government and the whole Union. Mr. Benton concluded his speech with a warning against the coming explosion of the banks ; and said : The day of revulsion may come sooner or later, uid its effects may be more or less disastrous ; but come it must, and disastrous, to some degree, it must be. The present bloat in the paper system cannot continue ; the present depreciation of money exemplified in the high price of every thing dependent upon the home market, cannot last. The revulsion will come, as surely as it did in 1819-'20. But it will come with less force if tite treasury order is maintained, and if paper money shall be excluded from the federal treiir sury. But, let these things go as they may, and let reckless or mischievous banks do what they please, there is still a refuge for the wi.se and good ; there is still an ark of safety for every honest bank, and for every prudent man ; it is in the mass of gold and silver now in the country— the seventy odd millions which the wisdom of President Jackson's administration has accumulated — and by getting their share of which, all who are so disposed can take care of themselves. Sir (said Mr. B.), I have performed a duty to myself, not pleasant, but necessary. This bill is to be an era in our legislation and in our political history. It is to be a point upon which the future age will bo thrown back, and from which future consequences will be traced. I separate myself from it ; I wash my hands of it ; I oppose it. I am o.ie of those who pro- mised gold, not paper. I promised the currency of the constitution, not the currency of corpo- rations. I did not join in putting down the Bank of the United States, to put up a wilder • ness of local banks. I did not join in putting down the paper curency of a national bank, to put up a national paper currency of a thousand local banks. I did not strike Ca3sar to make Anthony master of Rome. Mr. Walker replied to what he called the bill of indictment preferred by the senator from Missouri against the committee on public lands; and after some prefatory remarks went on to say: "But when that senator, having exhausted the argument, or having none to otfer, had in- dulged in violent and intemperate denunciation of the Committee on Public Lands, and of the report made by him as their organ, Mr. W. could not withhold the expression of his sur- prii-« and a^stonishment. Mr. W. said it was his good fortune to be upon terms of the kindest personal intercourse with eveiy senator, and these friendly relations should not be inter- rupted by any aggression upon his part. And now, Mr. W. said, he called upon the whole Senate to bear witness, as he was sure they all cheerfully would, that in this controversy he was not the aggressor, and that nothing had been done or said by him to provoke the wrath of the senator from Missouri, unless, indeed, to differ from him in opinion upon any subject constituted an offence in the mind of that sena- tor. If such were the views of that gentleman, if he was prepared to immolate every senator who would not worsliip the same images of gold and silver which dccoi-atcd the political chapel •704 THIRTY YEARS' VIEW. i 'I. of the honorable gentleman, Mr. W. was fearful that the senator from Missouri would do execu- tion upon every member of the Senate but himself, and be left here alone in his plorj'. Mr. AV. said he recurred to the remarks of the senator from Minsouri with feelings of regret, rather than of anger or excitement ; and that he could not but hope, that when the senator from Missouri had calmly reflected upon this subject, he would himself see much to regret in the course he had pursued in relation to the Committee on Public Lands, and much to i-ecall that he had uttered under feelings of temporary excitement. Sir (said Mr. W.), being deeply solicitous to preserve unbroken the ranks of the democratic party in this body, particijiating with the people in grateful recollection of the distin- guished services rendered by the senator from Missouri to the democracy of the Union, he would pass by many of the i-emarks made by that senator on this subject. " [Mi\ Benton here rose from his chair, and demanded, with much warmth, that Mr. Walker should not pass by one of them. Mr. W. asked, what one ? Mr. B. replied, in an angry tone. Not one, sir. Then Mr. W. said he would ex- amine them all, and in a spirit of perfect free- dom ; that he would endeavor to return blow for blow ; and that, if the senator from Missouri desired, as it appeared ho did, an angry contro- versy with him, in all its consequences, in and out of this house, he could be gratified.] "Sir (said Mr. W.), why has the senator from Missouri assailed the Committee on Pub- lic Lands, and himself, as its humble organ? I le was not the author of this measure, so much denounced by the senator from Missouri, nor had he said one word upon the subject. The measure originated with the senator from A'^ir- ginia [Mr. Kives]. He was the author of the measure, and had been, and still was, its able, zeiilous, and successful advocate. Why, then, had the senator from Missouri assailed him (Mr. W.), and permitted the author of the measure to escape unpunished? Sir, arc the arrows which appear to be aimed by the senator fronj Missouri at the humble organ of the Com- mittee on Public lands, who reported this bill, intended to inflict a wound in another quarter f Is one senator the apparent object of assault, when another is designed as the real victim ? Sir, when the senator from Missouri, without any provocation, like a thunderbolt from an unclouded sky, broke upon the Senate in a per- fect tempest of wrath and fury, bursting upon his poor head like a tropical tornado, did he in- tend to sweep before the avenging storm another individual more obnoxious to his censure 7 "Sir (said Mr. W.), the senator from Missouri has thrice repeated the prayer, Mjod save the country from the Committee on Public Lauds ; ' but Mr. W. fully believed if the prayer of the country could be lieard within these walls, it would be, God save us from the wild, vision- ary, ruinoas, and impracticable schemes of the senator of Missouri, for exclusive gold and sil- ver currency ; and such is not only the prayer of the country, but of the Senate, with scarcely I a dissenting voice. Sir, if the 8enat(jr from j Missouri could, by his mandate, in direct op- ; position to the views of the President, luitto- fore expressed, sweep from existence all tlie banks of the States, and establish his exclusive constitutional ciwrency of gold and silver, he would bring upon this country scenes of ruin and distress without a parallel — an inuuedinte bankruptcj' of neai-ly every debtor, and of al- most every creditor to whom large amounts were due, a prodigious depreciation in the price of all property and all products, and an imme- diate cessation by States and individuals of near- ly every work of private enterprise or pnlijic improvement. The country would be iiivdlvcd in one universal bankruptcy, and near the prave of the nation's prosperity would perhnjjs repdse the scattered frajrments of those great and glorious institutions which give hiqipine-s to millions here, and hopes to millions m;ct. masters or .servants oUhesovav.uu ,we dare speak to them in lau;.ua,'e Ihat we dare attempt to pio:d l«u.k- y not, he iKdieved, anticipated l,v lis constituents. Uenator from Missouri te.l.n^t Cflhecommittveisarepealoftk ':,;yaithorizing the receipt of i,ai.r tnonev in revenue payments. If so, then the eonstitution never has had an existence ; for the period cannot be designated when pajwr money was not BO receivable by the federal govern- ment. This species of money was expressly made receivable for the public dues by an act of Congress, passed immediately after tlic ad(3i)- tion of the constitution, and which remained in force until eighteen h'-.ndred and eleven. It was SO received, as a matter of practice, from eighteen hundred and eleven until eighteen hundred and sixteen, when, again, by an act of Congress then passed, and which has just e: ■- pired, it was so authorized to be received during all that period. Now, altiiough these acts lir ve expired, there is that which is equivalent to u law still in force, expressly authorizing the notes of the specie-paying banks of the States to be received in revenue payments. It is the joint resolution of eighteen hundred anc" six- teen, adopted by both houses of Congress, and approved by President Madison. '' Where is the distinction, in principle, as re- gards the reception of bank paper on public ac- count, between the two provisions ? And the senator from Missouri, in thus denouncing the bill of the committee as a repeal of the consti- tution, denounces directly the President of the United States. Congress, no more than a State legislature, can make any thing but gold or sil- ver a tender in payment of debts by one citizen to another ; but that Congress, or a State legis- lature, or an individual, may waive their con- stitutional rights, and receive bank paper or drafts, in payment of any debt, is a principle of universal adoption in theory and practice, and never doubted by any one until at the present session by the senator from Missouri. The distinction of the senator in this respect was as incomprehensible to him (Mr. W.) as he be- lieved it was to every senator, and, indeed, was discernible only by the magnifying powers of a solar microscoiie. It was a point-no-point, which, like the logarithmic spiral, or asymptote of the hyperbolic curve, might be for ever ap- proached without reaching ; an intinitesimal, the ghost of an idea, not only without length, breadth, thickness, shape, weight, or dimensioiis, but witliout position — a mere imaginary noth- ing, which Hitted before the bewildered vision of the honorable senator, when traversing, in his litful somnambulism, that tesselatod pave- ment of gold, silver, and bullion, wliich that senator delighted to occupy. Sir, the senator, from Missouri might have heaped mountain high his piles of metal ; he might have swept, in his Quixotic Uighf, over the banks of the States, putting to the sword their officers, stock- holders, (lirectory, and legislative bodies by which they were chnrtere'd; he might, in his wveries, have demolished their charters, and cuusuined their pajter by the tire of his elo- quence; he might have transacted, in fancy, with a metallic currency of twenty-eight mil- lions in circulation, an actual annual business Vol. I.— 45 of fifteen hundred raillions, and Mr. W. would not have disturbed his beatific visions, nor would any other senator — for they were visions only, that could never be realized — but when, descending from his ethereal llights, he seized up(m the Committee on Public Lands as crimi- nals, ariahiged them as violators of the consti- tution, and prayed Heaven for deliverance from them. Mr. W. could bo silent no longer. Yes, even then he would have passed lightly over the ashes of the theories of the honorable Sensr tor. for, if he desired to make assaults upon any, it would he upon the living, and not the dean; but that senator, in the opening of his (Mr. W.'s) address, had rejected the olive branch which, upon the urgent s(jlicitalion of mutual 'riends, against his own judgment, he had ex- tended to the honorable senator. The senator from Missouri had thus, in substance, declared his ' voice was still for war.' lie it so ; but ho hoped the Senate would all recollect that he (Mr. W.) was not the aggressor; and that, whilst ho trusted he never would wantonly assail the feelings or reputation of any senator, he thanked God that he was not so abject or degraded as to submit, wiih impunity, to un- provoked attacks or unfounded accusations from any quarter. Could he thus submit, ho would be unfit to represent the noble, generous, and gallant people, whose rights and interests it was his pride and glory to endeavor to protect, whose honor and character were dearer to him than life itself, and should never be tarnished by any act of his, as one of their humble repre- sentatives upon this floor." Mr. Rives returned thanks to Mr. Walker for his able and satisfactory defence of the bill, which in fact was his own resolution changed into a bill. He should not be able to add much to what had been said by the honorable senator, but was desirous of adding his mite in reply to so much of what had been so zealously urged by the senator from Missouri (Mr. Benton), as had; not been touched upon by the chairman of the- land committee ; and did so in an elaborate six;cch a few days thereafter. IMr. Benton did' not reply to either of the senators ; he believed' that the events of a few months wouid answer them, and the vote being immediately taken,, the bill was rjassed almost unanimously — only five dissenting votes. The yeas and nays were:: Yeas — Messrs. Black. Brown, Buchanan,Cla.y, Clayton, C ittenden, Cuthbert, Dana, Davis,. Kwing of Illinois, Ewing of Ohio, Fulton, Grun- dy, Hendricks, Hubbard. Kent. King of Ala«- bama, King of Georgia, Knight. McKean, Moore, Nicholas, Niles,Norvell, Page. Parker, Prentiss, I'reston, llive.s. Bobbins, Robinscn, Sevier, Southard, Swift. Tallmadge, Tipton, Tomlinsca^ Walker, Wall, Webster, White.— 41.. i^ 70G Til HIT Y YKAKS- VIKW. Navs — MpHsra. Benton, Linn, Morris, Ung- glca, Wri};lit — 5. The inline (if Mr. Calhoun is not in either list of these votes. He had a reiwi'-.i for not voting, which he exjiR'ased to tho Senate, before the vote wa.s tiilien ; thua : " He Imd been very anxioiiH to express his opinions somewhat at large upon tliis siibjcct. He put no fiiitli in this nieasnn' fo lurest the downward course of the country. He iK-lieved tho state of the currency was almost in("urab!y bad, 80 tliMt it was very doiililfu! wlietlier the highest skill and wisdon* con!*! restore it to Bonminess ; and it was dostined, at no distant time, to undergo an entire involution. An ex- pio.sion he c )iisidiTeu ri'iK>itia for the l.«r,K.SO iviHConstniction of the hill iis it Vimio, nnd simmiont, iV.vd, ll'own, HiiniH, \««">>";o- •hiuun, Col.s, Oushnmu I)o.,l,U.- lo j-;fii"r, Fniriii'M, Fnrhn. try. itl, .). ITiill, llMiiuT, IliiPlm, A. iHV-o^ Uoll, Uin.lii«b'toi.j .Inrvis, . .),„„'s, Lansing', . I. l''-^;.l'»;<;"i"''l A. Maim, NV. Mason M.>as.,i,. on,M<-^»'..»'»K^',l'"rUs,Klu-nv, hU Honors, Srymoiir.Nhmii, Ncv- avl..r, Th.mms, .). Th.MUHon, Im- ,l,Wai-Var. . M,o cud of thi- session lufon' tin 1,0 House of llepves. i.tatives. It ,,„. h,vn.lsofthe I'resi.lent n. tl>, the (lay hefore the .io. chose to assign a reason whioli, and valid in itself, may have noen ,ls conclusions hy the evil temlends L That reason was the ambiguous I character of the hill, and the (liver- Letations which mi^ht he placed 'visions; and was cunt a.nc'l m tho issapic to the Senate : Ifvomtho Senate entitled 'An «ct Ln.llimitinK the funds rece.va.lo tor of the TTnited States, can-.e t^ v.,y Ivy at. vo o'clock r.M ;)"iH- r, nditspr..visionssoc...ni>l«;''''l td"':U it necessary to ntou I the Attorney (icncral of tlH- h|'- LweraliuMK.rtant.v..est.nnstondv tmct;mn and eilect, ^. ore cW^^^ .aispositiontohem 'ieo. it. lie tuoriS took up the sul.ect vmiiin - lis reidy was reported t^. nie tl i* t cluck P.M. As this otHccr.aU' P, would tayel..ul.j«ct of .»«* i)orplexltv and doiiht (a view of tho hill entire- ly coincident with n>y own), and a» I cannot t^iink it pro|K'r, in a nmtter of such inten-st and •f Kiicli constant application, to approve a hill HU liahl(> to diversity of interpretations, and more especially as I have not had lime, ii.iid the duties constantly jncHsinn on ine, to ;ive the mihject that dolihcrale consideration which its importance demands, I am constrained to retain the hill, without iM'liii); definitively thereon ; and to the eml that my reasons for this step may he fully understood, I shall i'linse this pa|H!r. with the opinimi of the Attorney (ieneral, and the hill in (iiustion, to he deposited in the l)e- jiarlment of Stale," Thus the iirmness of the I'resident again Rttved the country from an immense calamity, Slid in a few months covered him with the plaudits of a preserved and grateful country. C II APT K 11 CLVI. KISTUIUUTION OF LANDS AND MONKV-VAUIOU8 I'ljorosmoNs. TiiK spirit of dis Irihution, having ppt a taste of liiat feiisl in tlie insidious deposit hill at the pre- ceding session, became inigovernahlo in its ap- [Mlite for it at this session, anly divided, or shall be applied to the current expenses of the government. The bill in his hand assigns to the new State of Arkansa.s her just propor- tion of the fund, and grants to her r»0(),()0() acres of land as proposed to other Stjites. A similar assignment and grant are not made to Michi- gan, beciuise her admission into the Ihiion is not yet complete. But when that event occurs, provision is mado by which that State will re- 708 THIRTY YEARS' VIEW. § ceive its fair dividend. He had restored, in tliis draught, the provision contained in the orif^innl plan tor the dJHtrihution of the public lands, which he had presented to the Senate, by which the States, in the application of the fund, are restricted to the great objects of education, in- ternal improvement, and colonization. Such a restriction would, he believed, relieve the I^jgis- Itttures of the several States from embarrassing controversies about the disposition of the fund, and would secure the application of what was common in its origin, to common benefits in its ultinate destination. But it was scarcely ne- cessary for him to say that this provision, as well as the fate of the whole bill, depended u|)on the superior wisdom of the Senate and of the House. In all respects, other than those now particularly mentioned, the bill is exactly as it passed this body at the last scKsion." The bill was referred to the Committee on Pnblic Lands, consisting of Mr. Walker of Mississippi, Mr. Ewing of Ohio, Jlr. King of Alabama, Mr. Ruggles of Maine, Mr. Fulton of Arkansas. The committee returned the bill with an amendment, proposing to strike out the entire bill, and substitute for it a new one, to restrict the sale of the lands to actual settlers i> limited quantities. In the course of the discussion of the bill, Mr. Benton offered an amendment, securing to any head of a family, any yoimg man over the age of eighteen, and any widow, a settlement right in 160 acres at reduced prices, and inhabitation and cultivation for five years : which amendment was lost by a close vote — 18 to 20. The yeas and nays were : Yeas — Messrs. Benton, Black, Dana, Ewing of Illinois, Fulton, Hendricks, King of Alabama, Linn, Moore, Morris, Nicholas, Rives, Robin- son, Sevier, Strange, Tipton, Walker, White — Ifl. Nays — Messrs. Bayard, Brown, Calhoun, Clay, Clayton, Crittenden, Davis, Ewing of Ohio, Hubbard, Kent, King of Georgia, Niles, Page, Prentiss, Robbins, Ruggles, Swift, Tall- madge, Wright — 20. The substitute reported by the committee on public lands, after an extended debate, and vari- ous motions of amendment, was put to the vote, and adopted — twenty-four to sixteen — the yeas and nays being : Yeas — Messrs. Benton, Black, Brown, Bu- chanan, Cuthbert, Ewing of Illinois, Fulton, Grundy, Hendricks, Hubbard, King of Alaba- ma, Linn, Lyon, Moore, Mouton, Nicholas, Niles, Norvell, Page, Rives, Robinson, Strange, Walker, Wright— 24. Nays. — Messrs. Bayard, Calhoun, Davis, Ew- ing of Ohio, Kent, Kin^ of Georgia, Knij^ht, Prentiss, Robbinfl, Sevier, Southard, Swift Tomlinson, Wall, Webster, White— 16. So Mr. Clay's plan of a five years' open distri- bution of the land money to the States, in addition to the actual distribution, under the deposit mask, was now defeated in the Senate : but that did not put an end to kindred schemes. Thoy multiplied in dificrcnt forms ; and continued to vex Congress to almost the last day of it.s existence. Mr. Calhoun brought a plan for the a'ssion of all the public lands to the States in which they lay, to be sold by them on graduatij prices, extending to thirty-five years, on condi- tion that the States should take the expenses of the land system on themselves, and pay thirty- three and a third per centum, of the sales, to the federal treasury. Mr. Benton objected, on prinri pie, to any complication of moneyed or p»""^ ,Hy transactions between the States and tue federal government, leading, as they inevitably would, to dissension and contention ; and ending in cun- troversies between the members and the head of the federal government : and, on detail, U'. cause the graduation was extended beyond a period when the new States would be strong enough to obtain better terms, without the cmw- plication of a contract, and the condition uf a purchase. Within the thirty-five years, there would be three new apportionments of rejtre- sentatives, under the censuses of 1840, Isjii. and 1800 — doubling or trebling the new States' representation each time ; also several new States admitted ; so that they would be strong enough to take effectual measures for the ex- tinction of the federal titles within the States. on just and equitable principles. Mr. Buchanan openly assailed Mr. Calhoun's proposition as a bid for the presidency ; and said : " He had heard a great deal said about bribin; the people with their own money ; arguments of that kind had been reiterated, but they had never had much effect on him. But speakinj on the same principles on which this had been said, and without intending any thing pergonal toward the honorable senator from South Cm>- lina, he would soy this was the mo.st splendid bribe that had ever yet been ofi'ered. It was to give the entire public domain to the people of the new States, without fee or reward, and on the single condition that they should not brin^' all the land into market at once. It was tin first time such a proposition had been broii'.'ht forward for legislation ; and he solemnly pro- j tested against the principle that Congress luul ANNC 1886. ANDREW JACKSON, PRESIDENT. 709 Kine of Georgia. Knii^ht, Scvicr, Southard, Swift, [ent, 11, Webster, White— 16. J plan of a five years' open distri- nd money to the SUtcB, in addition distribution, under the deposit defeated in the Senate : but that end to kindred schemes. They different forms; and continued ,s8 to almost the last day of its r. Calhoun brought a pi »n for tlic the public lands to the States m f, to be sold by them on graduutd ing to thirty-five years, on condi- States should take the expenses of em on themselves, and pay thirty- hird per centum, of the sales, to the iry. Mr. Benton objected, on prinri miplication of moneyed or p"-. ay between the States and the federal leading, as they inevitably woukl, ; and contention ; and ending in c.m- ctween the members and the head •al government: and, on detail, k- rraduation wai^ extended beyond a n the new States woula be strong ibtain better terras, without the cum- a contract, and the condition of a Within the thirty-five years, tlKiv irce new apportionments of npn- under the censuses of 1840, IbJii doubling or trebling the new Statis' on each time; also several new tted ; so that they would be strong take effectual measures for the ex- , the federal titles within the States. ] equitable principles. Mr.Buchauau iled Mr. Calhoun's proposition as a presidency ; and said : heard a great deal said about bribinj with their own money ; argunu^is ,d had been reiterated, but they had much effect on him. But spiuto- e principles on which this had been ithout intending any thing veronal honorable senator from boutU (.arc. uldsoy this was the mo.st^plemlH had ever yet been offered. Itw.t tke public domain to the people.) 'ates, without fee or reward, aiun •ondition that they should not br . [i into market at once. Itw,i>tla uch a proposition had been brought Ir legislation; and he solemnly pro- Inst the principle that Congress l>^ I any right, in equity or justice, to plvo what be- longed to the entire people of the Union to the ] iniiabitnnts of any State or States whatever, j After warmly expressing his dissent to the | amendment, Mr. I), said ho hoped it would not i receive the sanction of any considerable portion I of the Senate." Mr. Sevier of Arkansas, said it might be very true that presidential candidates would bid deep fur the favor of the West ; but that was no tea- son why the West should refuse a good offer, when made. Deeming this a good one, and beneficial to the new States, he was for taking it. Mr. Linn, of Missouri, objected to the propo- sition of Mr. Cullioun, as an amendment to the bill in favor of actual settlers (in which form it was offered), because it would be the occasion of losing both measures ; and said : " He might probably vote for it as an inde- pendent proposition, but could not as it now stood. He had set out with the determination to vote against every amendment which should be proiwsed, as the bill had once been nearly lost by tlie multiplication of them. If this amendment should be received, the residue of the session would be taken up in discussing it, and nothing would be done for his constituents, lie wanted them to know that ho had done his utmost, which was but little, to carry into effect their wishes, and to secure their best interests in the settlement of the new country. He was anxious to obtain the passage of an equitable paM;mption law, which should secure to them thoir homes, and not throw the country into the hands of great capitalists, a.s had been done in the case of the Holland Land Company, and thus retard the settlement of the West. As to the evasions of previous pre-emption laws, of which so much had been said, he believed they cither had no existence in Mis.souri, or had been p-ossly exaggerated. In the course of his pro- fessional duty (Mr. Linn is a physician, in large practice), he had occasion to become extensively aciuainted with the people concerning whom these things had been a.ssertcd (he referrwl to the emigrants who had sctled in that State, under the pre-emption law of 1814), and he could say, nothing of the kind had fallen under his observation. They had come there, in most cases, poor, surrounded by all the evils and disadvantages of emigration to a new country ; he had attended many of them in sickness ; and he could truly aver that they were, as a whole, the best and most upright body of people he had ever known. " Mr. L. said he was a practical man, though his temperament might be somewhat warm, lie looked to things which were attainable, and in the near prospect of being obtained, rather than It those contingent and distant. Here was a bill, far advanced in the Senate, and, as he Impod, on the eve of passing. He Iwlicved it would secure a great go(Ml to his conHtituent*! ; and he could not ccmsent to risk that bill by accepting the amendment proijoscd by the senator from South Carolina. If the senator from ArkansaM would let this go, he might possibly find that it was a lietter thing than he could ever get again. He wanted that Congress should so regulate the public lands, and so arrange the terms on which it was disposed of, as to fiiniish in the West an opportunity for poor men to become rich, and every worthy and industrious man pros- perous and happy." 'Mr. Calhoun felt himself called upon to rise in defence of his proposition, and in vindication of his own motives in offering it ; and did so, in a brief speech, saying : " When the Senate had entered upon the pre- sent discussion, he had had little thought of offering a proposition like this. He had, indeed, always seen that there was a iwriod coming when this government must cede to the new States the possession of their own soil ; but he had never thought, till now, that period was so near. What he had seen this session, however, and especially the nature and character of the bill which was now likely to pass, had fully satisfied him that the time had arrived. There were at present eighteen senators from the new States. In four years, there would be six more, which would malce twenty-four. All, then;fote, must see that, in a very short period, those States would have this question in their own hands. And it had been openly said that they ought not to accept of the present proposition, because they would soon be able to get better terms. He thought, therefore, that, instead of attempting to resist any longer what must eventually happen, it would bo better for all concerned that Congress should yield at once to the force of circumstances, and cede the public domain. His objects in this movement were high and solemn objects. He wished to break down the vassalage of the new States. He de- sired that this government should cease to hold the relation of a landlord. He wished, further, to draw this great fund out of the vortex of the presidential contest, with which it had openly been announced to the Senate there was an avowed design to connect it. He thought the country had been sufficiently agitated, corrupt- ed, and debased, by the influence of that con- test ; and he wished to take this great engine out of the hands of power. If he were a can- didate for the presidency, he would wish to leave it there. He wished to go further : he sought to remove the immense amount of pa- tronage connected with the management of this domain — a patronage which had corrupted both the old and the new States to an enormous ex- tent. He sought to counteract the centralism, 710 THIRTY YEARS' VIEW. which wus the ^rcnt «liui^ur of thin (;ovcniinoiit, and thcivhy t<» pivstTve the lihorticH «»f tho jjco- 1)lc iiiiirh lon^HT than would othorwiMo \m |)OHHi- tle. Ah to what was to ho received fur thcHo hindH, Uv cared nothing ahuiit it. IIu woiihl hiivi' consented at once to yield the whole, and withdraw alto(;cther the lundlordahip of the poiieral Kovornmcnt over thoin, had ho not bc^- lioved that it would be most for tlto bencUt of the new Statcfi theniHelvcH that it hIiouIiI con- tinue HOinewhut longer. Theso wore tlio views which had induced him to present the amend- ment. He ofl'ered no pildcd pill. He threw in no apple of discord. He was no bidder for |)opu- lurity. Ho proHcribed to hiinNolf a more huniblo aim, which waH simply to do his duty. He soHnht to counteract the corrupting tenilcncy of the existiiiR course of thinf^. Ho sought (o weaken this government by (livesting it of at least a part of the immense patronngo it wield- ed. He held that every ga'at landed estate re- quired a local udministrition, conducted by ikt- sons more intimately acquainted with local wants and intcrestH than the mombors of a central government could possibly be. If any body oskud him for a proof of the truth of his posi- tions, ho might point them to the bill now be- fore the Senate. Such wore the sentiments, shortly stated, which had governed him on this occasion. He had dono his duty, and he must leuvu tho result with Ood and with the new States." Mr. Calhoun's proposition wa.s then put to the vote, and almost unanimously rejected, only six senators besides himself voting for it ; name- ly : Messrs. King of Georgia ; Mooro of Alaba- ma ; Morris of Ohio ; Robinson of Hlinois ; Sevier of Arkansas ; and White of Tennessee. And thus a third project of distribution (count- ing Mr. Mercer's motion as one), at this ses- sion, had miscarried. But it was not the end. Mr. Chilton Allen, representative from Ken- tucky, moved a direct distribution of land to the old States, equal in amount to the grants which had been made to the new States. Mr. Abijah Mann, jr., of New York, strikingly exposed the injustice of this proposition, in a few brief re- marks, saying : " It must be apparent, by this time, that this proposition was neither more nor less than a new edition of the old and exploded idea of dis- tributing the proceeds of the sales of the public lands, attempted to be concealoocifying the motive or ck at it briefly. The idea is, that the ohl States granicii theso lands to tho now for un implied coiisidtia- tioii, and resulting l)ono(lt to themselves ; tlmt it was a sort of Indian gift, to be nfuniicil with incrooHC. Not so, sir, at all. If Mr. M. understood the motives inducing those grants, they were paternal on the part of the old StaUs; proceeding upon that generous and noble lilit r- ality which induces a wealthy father to advance and provifle for his chililren. This was tin' moving consideration, though he (.Mr. M.) was aware that the giants in aid of tlio inipiuvi - inonts of the new States and territories wciv upon consideration of advancitig the sule mu] improvement of tho remaining lands in tli(»e States held by tho United States." The proposition of Mr. Allen was disposi-il of by amotion to lie on tho table, which prevailed— one hundred and fourteen to eighty-one votes ; but the end of theso propositions was not yet. Another motion to divide surpluses was to U- made, and was made in tho expiring days of the session, and by way of amendment to the ri;,'u- lar fortiflcation bill. Mr. Boll, of I'ennesMc moved, on tho 25th of February, that a fiirtlur deposit of all the public monies in the tivasiirv on tho first day of January, 1838, above tho sum of five millions of dollars, should be "dcjio- sited" with the States, according to the t^rins of the " deposit " bill of the preceding session ; and which would have the effect of making a sicoml "deposit" after the completion of the first one. Tho argument for it was the same which hail been used in the first case ; the argument against it was tho one previously used, with the addi- tion of the objectionable p'-oceoding of spriiijiing such a proposition at thb end of the .session, and as an amendment to a defence appro])rinti(iQ bill, on its passage ; to which it was utterly in- congruous, and must defeat ; as, if it failed to sink the bill in one of the Houses, it mut^t cer- tainly bo rejected by the President, who, it was now known, would not be cheated a;,'ain with the word deposit. It was also ojiposed as an act of supererogation, as nobody could tell whether there would bo any surplus a year hence ; and further, it was opposed as an act of usurpation and an encroachment upon the au- thority of the ensuing Congress. A new Con- ANNO 183(1. ANMIKW JACKSON, I'KI'.SIDKNT. •711 CM of the public UnrlH in the av,- t HiK-cifyiiiK tli« motive or cm- , which thoy wire !im.lc. It. at an equal qunntity shouM U: oUl States, to make (lieinnMiic urcrs in the puhlic 1»'«1''- ><'w, .), nothing couldhe .l.v.se.nhu,v n.i deceptive. Let us l.K.k .tl i lea is, that the oU States gm.tnl the new for an impUetl consideia- lin.r l)eneHt to themselves ; tliat of Indian gift, to »'C J*/"'"''''! Not BO, »ir, at all. If Mr. M. c motrvcs inclncin(t those uniiits, rnalonthepartofti.eoldSl.iliSi un that L'enerouH and noble lilMr- duces a wealthy fatlK-'-.t" "•'^■"'''■^' ror his childn-n. 'Ihis wa'* Ha ileration, though he (.Mr. M.) wus ,e irrauts in aid of tlie nnpiuv,- ncw States an.l territones wdv ration of advancinj: the sale uimI of the remaining lands in tlube y the United States." (ition of Mr. Allen was disposid ..f lie on the table, which prcvailed- and fourteen to eighty-one votes; of these propositions was not yit. tion to divide surpluses was to l.u aa made in the expiring days of thf by way of amendment to the rij:u- ion bill. Mr. Bell, of TeinHs>«, ho 25th of February, that a f.ii tlin ,1 the public monies in the troiisiiry , day of January, 1838, above tlie (nillions of dollars, should Iw " tlqio- ^be SUtcs, according to the Urins .,f " bill of the preceding session; and I have the effect of making a second rter the completion of the first one, fnt for it was the same which had the first case ; the argument against ne previously used, with the addi- bjectionablo proceeding of sprin?in? '.osition at tht end of the .session, iendmcnt to a defence appropriation ,as88ge ; to which it was utterly in- ^nd must defeat; as, if it failed ta |l in one of the Houses, it must cer- •ejected by the President, who. it ,own, would not be cheated a|,'ain .rd deposit. It was also opposed as [upererogation, as nobody could tell ,erc would bo any surplus a year further, it was opposed as an act of and an encroachment upon the au- he ensuing Congress. A ubw Con- gresH wan to be elected, and to nssemble before that time; the present ConKfesM would expire in aix days : and it was argued that it was nei- ther right nor decent to anticipate their siicces- Hors, and do what they, fresh from the (Hople, niiKht not do. Mr. Yell, of Arkansas, was the principal s|ii'aker iiKiiinst it ; and said : "I voted. Mr. Sfwaker, against the amend- ment pro|)osed by the gentleman from Ten- nessee f Mr. liell), Itecaiisc I am «)f opinion that this bill, if passed, and sanctioned by the Pre- sident — and [ trust that it never will receive the countcnaneu of that distinguished mitn and illustrious stuti'smaii — will at once eHlablisli a system demoralizing and corrupting in its in- ffiieiKvs, and tend to the destruction of the sovereignty of the States, and render them de- |H-ndant suppliants on the general government. This measure of distribution, since it has been a hobby-horse for gentlemen to ride on, has pre- sented an anomalous si^ctacle I The time yet iH'longs to the history of this Connress, when honorable gentlemen, from the South and West, were daily found arraying themselves against every siwcies of unnecessary taxation, boldly avowing that they were opposed to any and all tariir systems which would yield a revenue Ije- yond the actual wants and demands of the ruv- eruincnt. Such was their language but a lew weeks or moiitlm ago ; and, in proclaiming it. they struggled hard to excel each other in zeal ami violenoe. And now, sir, what is the e|)ec- tacle we Iwhold 1 A system of distribution — another and a specious name for a system of bribery has been started ; the hounds are in full cry; and the same honorablt! and patriotic gen- tlemen now step forward, ai 1, at the watch- word of 'put money in thy purse; aye, put money in thy purse,' vote for the distribution or bribery measure ; the etfect of which is to en- tail on this country a system of taxation and oppression, which has had no parallel since the days of the tea and ten-penny tax — two frightful mvoaures of discord, which roused enfeebled colonies to rebellion, and led to the foundation of this mighty republic But we are told, Mr. Speaker, that this proposed distribution is only for momentary duration ; that it is necessary to relieve the Treasury of a redundant income, and that it will speedily be discontinued ! Indeed, sir ! What evidence have wo of the fact ? V/ ;at evidence do we require to disprove the assertion ? This scheme was commenced the last session ; it has been introduced at this ; and let me tell you, Mr. Speaker, it never will be abandoned so lung as the high tariff party can wheedle the people with a siren lullaby, and cheat them out of their rights, by dazziii'" the vision with gold, and deluding the fancy by the attributes of so- piiistry. Depend upon it, sir, if this baleful fevi^tem of distribution be notnipiK'd in the bud, it will betray the people into submission by a species of taxation which no nation on earth shouM endure. Sir, continued Mr. Y., I isntcr my protest against a system of bargain and cor- ruption, which is to be executed by parties of dill'en'nt |M)litical complexions, for the pur|ioHo of dividing the h/hiHh which they have plundered fi' is the author of the enormity. I had ho|)ed, Mr. Sjieaker, and that hojK! has not yet iK-en abandoned, that if ever this branch of the government is bent on the destruction of the rights of the people, and a violation of the Constitution, there is vet one ordeal for it to pass where it may l>e shorn f)f its baneful asi>ect. And, Mr. Sp-aker, I trust in God that, in its passage through that ordeal, it will find a (juivUu." Mr. Bell's motion succeeded. The sccona "deposit" act, by a vote of 112 to 70, was en- grafted on the appropriation bill for completing and constructing fortifications ; and, thus loaded, that bill went to the Senate. Being referred to the Committee on Finance, that committee direct- ed their chairman, Mr. Wright of New- York, to move to strike it out. The motion was resisted by Mr. Calhoun, Mr. Clay, Mr. Webster, Mr. White of Tennessee, Mr. Ewing of Ohio, Crit- tenden, Preston, Southard, and Clayton; and supported by Messrs. Wright, Benton, Bedford Brown, Buchanan, Grundy, Niles of Connecticut, Rives, Strange of North Carolina: and being I)Ut to the vote, the motion was carried, and the "deposit" clause struck from the bill by a vote of 20 to 19. The yeas and nays were : "Yeas — Messrs. Benton, Black, Brown, Cuth- bert. Ewing of Illinois, Fulton, Grundy, Hub- bard, K ing of Alabama, King of Georgia, Linn, Lyon, Nicholas, Niles, Norvell, Page, Parker, Rives, Ruggles, Sevier, Strange, Tallmadgc, Walker, Wall, Wright— 26. " Nays — Messrs. Bayard, Calhoun, Clayton, Crittenden, Davis, Ewing of Ohio, Hendricks, Kent, Knight, Moore, Prentiss, Preston, Rob- bins, Southard, Spence, Swift, Tomlinson, Web- ster, White— 19." Being returned to the House, a motion was made to disagree to the Senate's amendment, and argued with great warmth on each side, the opponents to the "deposit" reminding its friends 712 TIllkTV YKAUS' VI KW. ■-•r. "'^ of the loss of 11 previous appiopiiatioii bill for furtiKcutioiis ; uiul wtiniing tlium that tiicir {)cr- fii'vernnce muft now Imvo the same elU-ct. aiul operate a sacrilifo >i' '.:MY: ITS ItlDlNO-IIOUSE. TiiK annual appropriation bill for the support of this Academy contained a chuise for the pun base •)f forty horsos, " for in>tructiou in lijiht artil- lery and cavalry txercise ;" and p'o|)osed ten thousand dolhus for tlie purpose. This purchase was opposed, and tiie clause strick.-ii out. The bill also contained a clause projKisiiif; thirty thousand dollars, in addition to the amount theretofore appropriated, for the crx-ction of a building for "recitation and military exercises," as the clau,jc expivssed itself. It was undcr- Dtood to be for the riding-house in ba young olllc ts should be learned to ride in the ojkmi air, and on rough ground, and to be afraid of no weather. Tlie clause was stricken out. but restored upon re-consideration; iu opposition to wl-i' b Mr. Smith, of Maine, was the principal sfR'aker- ; and said : " I l)og leave to call the attentifm of the com- mittee to the paragraph of this bill proposed to be stricken out. It is an a])propriationof thirty thousand dollars, in addition to the ..... "int .-.',■ ready approprinted, for the erection of u build- ing within which to exercise and drill the cadets at West Point. The gentleman from Pennsyl- 'rviiia [Mr liigei'soll] who reported (his bill, and who nt ver engages hunself in any sid)ject with- out making himself entire master of all its parts, will do the committee the justice, I tnisf, to inform them, when he shall next take the floor, what till- amoimt heretofore appropriated for this same buil(!iiig, in which to exeidse the vn- dets, a<'tiuilly has been ; that, if we decide on the propi'iety of having such a building, we may :ds(j know how nnich we luiic heretofore Uih • fiom the public Treasury for its erection, and to w hat sum the thirty thousand dollars now- proposed wi'd be an addition. '" The honorable gentleman from New-York [Mr. C'ambreleng] says this proposed building IS to protc'ct the cadets during the inclemency of the winter season, when the snow is from two to six feet deep ; and has m-ged npon the coni- nuttee the extreme hardship of requiring the cadets to |)erfonn their exercises in the open air in such an inclement and cold region as that where Wjst I'oint is situated. Sir, if the gen- tleman would extend his inqniries somewhat further North or East, he would find that at points wheix' the wintiTS ave .still moiv inclem- ent than at West Point, and where the snow lies for m(mths in Miccession from two to eight feet deep, a very large and n.seful and respectable portion of the citii;en8not only incur the snows and storms of winter by day without workshops or buiMings to protect them, but actually jiursur the business of mtrnths amid such ?t;..w;^ and storms, witlu at a roof, or board, or so much as a shingle to cover and pnitect th( m by cillur day or night, and do not dream of mutniuriii};. Hut, forso.>th, the young cadet at West I'oint, who goes there to acquire an ecbication li)r liiiii- self. who is clolhetl and fed, and even )>ai.m ojjposed to it ; and I think, whenever tlie iM'oi'le of this nati<^n shall Iw made accpiaiiitnl with the fiu't, they t(X) will V»o opposed to it. " The gi'iitleman from New- York says the ex- posure of the cadets is very great and that, ''-^•^ ANNO 1836. ANDREW JACKSON, PRMSIDF.NT. 713 ,lf entire FmvsUT..f« I ^^^Pir^ , iUce the jUKlice 1 tn.s , to he shall next t«kc-tlo lour iin which to txoit;.sctl.e c«- \oen; that,ir wc declc on „Sps«chalu.il.hn|r,wo.".w ichwehnveheretofoixjtuk. . Civiury for its ercctu..., an-l tSy thousand dollars now r.'^tran ft.>m New-York IsCthiH ,,ro,,o=^V'M"" ""^ ^.aSsdurinp themcle«>cmy ,r.\vlu-n the snow i« from two adhasuvpednponthccom- l-emc hardship of requmuK the I -„.i rnld rccion as that cmcnt and cflKi ^ the u'cn- rXtcrsft'-e^till"'"'-^;'"^'™- "tront.a"^^^*'^'''^^"'"?; in Ku^esMon from two U. e.iiljt .f months amid H>cn ... " ft aTof or h..ard, or so murh «^ X « St at W.st l'.M. 1 to ao Hire an education lor lu u- ,ther«ndfed,andeven,.aulUr Kovc^innKM.t'whilemqn,rn,pl^ ' ♦ .....hire the atnu)si)hen> ol ''SMa'ma;niti.entljjiUlin^ .„,„ the few hours m the mk^ lot of UMnK drilled, as part of hb Ke pSment is called upon ^. ',Syth.."sand dollars u.add.tum fflyhcenapproprmteOr h ^lluit'theyoungcadcMvho;.^^^^^ ft Mddier, apamst -■'8/2^;i, salutary exposure, as I «^^t^ «■'"."' nr t licir time while you .>re idmn ,;,l,H,r.,t..«r.«^lJj_^„,t. „„.y,.».j;ii«»ir--.'i,.,. among other (hities, they are required to per- fonr camp duties for thi-ee mouths in the year. It is true, sir, that the law of Connress imposes tiivec months' camp duly upon tlie cadet. Hut Uie same tender spirit of p^uardiunsliip wliich has PUf-'iiestc.^ the exijedicncy of honsiug the cadets from the atmospliere while jH-i-formin^ their drill duties and exercises 1ms in some way construed away one third of the law of Conjrress upon this suhjeet ; and, instead of three months' ctunp duty, as tlic law requires, the carlets are required,l)y the nden and repdations of the institution, to camp oiit only two months of the year; and for this purpose, sir, every species of camp utensils and ciunp furniture that noverrmentnumeycan pur- chase is pr<)vided for them ; and this same duty, thus pictiM-ed forth here hy the pentlemnn from New- York as a severe hardship, is in fact so tem- jiered to the cadets as to hi-come a mere luxury — a matter of ahsohite preference amonp; the cadets. The Rentlem-n from New- York will find, hy the ndes and repilationa of the Academy, the months of July and Atipist, or of August and 3epte!nl)er, are selected for this camp duty : seasons of the year, sir, when it is ahsohitely a luxury and privilege for the catlets to leave their cIo>;e quarters and confined rooms, to per- form duty out door, and to s|)end the nights in their well-furnished cain{)S. Sir, the hardships ami exposuix's of the cadets ait; nothing com- pared with those of the generality of (,ur fellow- citizens in the North, in their onlinary pursuits; and y'!t we are called upon to add to their luxu- ries — two hundred and fifty dollar horses to ride, splendid camp e\ the gross immoralities of the cadets ? Is not the gentleman aware that the whole argument urped to force and justify the government into this purchase was, that the moral power of the 1 .\caiieniy was unequal to the counter iuiluences of the neighboring tavern » And arc wu to bu told, sir, that this institution stands forth in its history pre-eminently pure, aiul above coni- l)arison with the institutions that exist upon the private enterprise and numificence, and thirst for knowledge, that characterize our countrymen? I nuike these suggestions, and allude to these facts, not voluntarily, and from a wish to create a diseuHsion upon either tho merits or demerits of the Academy. \Vben I made the proi>osition to strike from this bill the ten thousand dollars proposed to l)c appro- {>riated for the purchase of horses, I neither in- teded .c made shortly, as the honryrable gentle- man from Kentucky (Mr. Ilawes) hiw assured the house. From that report, all will be able to form an opinion as to the policy of the institu- tion in its present shajie and tuider its pr-esent discipline. That some grave objections exist to both its shape and discipline, I think all will agive. But I wish not to discuss either at this time. lict us know, however, and let the («uu- try know, something alH)ut the expensive build- ings now in progress at West Pctint, bi lore wc ('(mdude to add this further appro|)riati(in of thirty thousand dollars to the exjienses of the institution; and, while I am up, I will call tho attention of tho honondde gentleman who re- is)rted this bill to another item in it, which embraces forage for horses among other matters, and [ wish him to sjiecify to the committee what pro|)ortion of the sum of over thirteen thousand dollars contiiined in this iti'm. is based upon tho supposed supply of forage. We have stricken out the appropriation for purchasing horses, and ano- ther part of the bill provides forage for the of- ficers' horses ; hence a i»ortion of the item now adverted to should probably be stricken out." The ik'bate became spirited and discursive, grave and gay, and gave rise to some ridiculous suggestions, as that if it was necessary to pro- tect these yotmg officers from bad weather when exercising on horseback, it ought to bo done in no greater degri'e than young women are pro- tected in like circumstances — parasols for tho sun, innbrellas for rain, and pelisses for cold : whi<'h it was insisted would Ik- a great economy. On the other hand it was insisted that riding- bouses were appurteiuuit to the military colleges of EuroiMj, and that lino riders were trained in 714 THIRTY YEARS' VIEW. these schools. The $30,000, in addition to pre- vious appropriations for the same purpose, was granted ; but has been found to be insufficient ; and a late Board of Visitors, following the lead of the Superintendent of the Academy, and powerfully backed by the War Office, at Wash- ington City, has earnestly recommended a fur- ther additional appropriation of $20,000, still further to improve the riding-house; on the ground that, " the room now used for the pur- pose is extremely dangerous to the lives and limbs of the cadets." This further accommoda- tion is deemed indispensable to the proper teach- ing of the art of " equitation : " that is to say, to the art of riding on the back of a horse ; and the Visitors recommend this accommodation to Congress, in the following pathetic terms : " The rttcntion of the committee has been drawn to the consideration of the expediency of erecting a new building for cavalry exercise. We are aware that the subject has been before Con- gress, upon the recommendation of former boards of Visitors, and we cannot add to the force of the arguments made use of by them, in favor of the measure. We would regret to be com- pelled to believe that there is a greater indiifer- ence to the safety of human life and limb in this country than in most others. It is enough for us to say that, in the opinion of the Super- intendent, the course of equitation cannot be properly taught without it, * and that the room now used for the purpose is extremely danger- ous to the lives and limbs of the cadets.' In this opinion, we entirely concur. The appro- priation required for the erection of such a building will amount to some $20,000. We can hardly excuse ourselves, if we neglect to bring this subject, so far as we are able to do so, most emphatically to the notice of those who have the power, and, we doubt not, the disposition also, to remove the evil." CHAPTER CLVIII. SALT TAX: MK. BENTON'S FOUETII SPEECH AGAINST IT. The amount which this tax brings into the treasury is about 000,000 dollars, and that upon an article costing about 050,000 dollars ; and one-half of the tax received goes to the fishing bounties and allowances founded upon it. So that what upon the record is a tax of about 100 per centum, is in the reality a tax of 200 per centum ; and that upon an article of prime ne cessity and universal use, while we have articles of luxury and superfluity — wines, silks — either free of tax. or nominally taxed at some ten or twenty p' »■ centum. The b.ire statement of the case is : ovolting and mortifying ; but it is only by looking into the detail of the tax — its amount upon different varieties of salt — its ef- fect upon the trade and sale of the articl"— upon its importation and use — and the consequences upon the agriculture of the country, for want of adequate supplies of salt — that the weight of the tax, and the disastrous effects of its im- position, can be ascertained. To enable the Senate to judge of these effects and consequca- ces, and to render my remarks more intelligible I will read a table of the importation of salt for the year 1835 — the last that has biicn made up — and which is known to be a fair index to the annual importations for many years past. With the number of bushels, and the name of the country from which the importations come will be given the value of each parcel at the place it was obtained, and the original cost per bushcL Statement of the quantity of Salt imported into the United States during the year 1835, with the value and cost thereof, per bushel, at the place from which it was imported : No. of Cost Countrtea. bushels. p. Iran Sweden and Norway, 8,556 $572 6 34 Swedish West Indies, 0,856 708 101-4 Danish West Indies, 2.351 386 16 Dutch West Indies, 14i;566 12,907 9 England, 2,013,077 412,507 161-2 Ireland, 51,954 12,276 Gibraltar, 17,832 1.385 7 3-4 Malta^ British West Indies, 1,500 118 7 34 959,780 98,497 10 British Am. Colonies, 138,593 30,374 France on Mediterra- nean, 32,648 2,155 6 2-3 Spain on Atlantic, 360,140 16,760 434 Spain on Mediterran., 101,000 5,443 51-3 Portugal, Cape de Vcrd Islands, 780,000 55.087 7 8,134 '75' 9 1-10 Italy, 30,742 1,580 41-3 Sicily, 5,786 156 2 2-3 Trieste, 7,888 255 3 78 Turkey, 9.377 984 10 MO Colombia, 17,162 1,227 Brazil, 250 68 Argentine Republic, 402 41 Africa, 5,733 6,735,364 ( 615 102-3 555,000 cents ( lodsc^ I and Po I the Ad Tetal I all twe I ft'nts a %Iish I on tliu pfrom bidrec ANNO 1836. ANDREW JACKSON, PRESIDENT. 715 ,0 record is atax of about 100 ;rreaV,tyataxof200pcr upon an article of pnme ne .^ use, while we have arUd.« pcrfluity-wines, «^ks-«f ^r Lally taxed at some t.n or „, The b.re statement of the fnd mortifying-, but itMsor^y o the detail of the tax -Us fferent varieties of sat-^ts cf- deandsaleoftheartKlo-upon nd use-and the consequences Uure of the country for wan Lies of salt-that the wcght 'tS disastrous effects of its .m. ,e ascertained. To enable the of these effects and consequcjy Lr my remarks more intelhg.blc Sle of the importation of saU gVthe last that has been made ffsknowntobeafairmdexto ' ^rtations for many years past Sr of bushels, and the name of ™1 which the importations co™, Xvalueofeachparcclattheplacj ed and theoriginal cost per buskl «; the quantity of Salt j^^^^^^ -tfiroit^Si^^-^^'^ which it was imported. No. of bushels. [Norway, 8,5^0 ?5T2 '>t Indies, 0,85b ^^^^ '^",4'*="' lit'566 12,907 1"^"^' 2013^77 412,507 '51954 12,270 17,832 1,500 It Indies, 959,786 Colonies, 138,5 ja ,ledit«rra- 32^048 fditcrran., 101,000 Islands, ^134 5,786 7,888 9.377 17,162 250 402 5,733 1.385 118 98,497 30,374 2,155 16,760 5,443 55.087 '75' 1,580 156 255 Cost p. bus. 6 34 101-4 10 9 161-2 7 3-4 7 34 10 6 2-3 434 51-3 7 9 1-10 41-3 •2 2-3 3 78 epublic, 984 10 1-10 1,227 68 41 015 102-3 6,735,364 655,000 Mr. B. would remark that salt, being brought in ballast, the greatest quantity came from Eng- land, where we had the largest trade ;i and that its importation, with a tax upon it, being merely i;i(idcntal to trade, this greatest quantity came from the place where it cost most, and was of far inforior kind. The salt from England was nearly one half of the wliole quantity imported ; its cost was about sixteen cents a bushel ; and its quality was so inferior that neither in the United States, nor in Great Britain, could it be used for curing provisions, fish, butter, or any thing that required long keeping, cr exposure to southern heats. This wa.s the salt commonly called Liverpool. It was made by artificial heat, and never was, and never can be made pure, as the mere agitation of the boiling prevents the separation of the biltern, and other foreign and poisonous ingredients with which all salt water, and even mineral salt, is more or less impregna- ted. The other half of the imported salt costs far less than the English salt, and is infinitely superior to it ; so far superior that the English salt will not even serve for a substitute in the important business of curing fi.sh, and flesh, for long keeping, or southern exposure. This salt was made by the action of the sun in the latitudes approaching, and under the tropics. We begin to obtain it in the West Indies, and ill large quantity on Turk's Island ; and get it from all the islands and coasts, under the sun's track, from the Gulf of Mexico to the Black Sea. The Ciipe de Verd Islands, the Atlantic and Mediterranean coasts of Spain and Portugal, the Mediterranean coast of France, the two coasts of Italy, the islands in the Mediterranean, the coasts of the Adriatic, the Archipelago, up to the Black Seo^ all produce it and send it to us. The table which has been read shows that the original lost of this salt — the purest and strongest in the world — is about nine or ten cents a bushel in the Gulf of Mexico ; five, six and seven cents on the coasts of France, Spain ind Portugal ; three and four cents in Italy and the Adriatic ; and less than three cents in Sicily. Yet all this salt bears one uniform duty ; it was ill twenty cents a bushel, and is now near ten cents a bushel ; so that while the tax on the Euplish salt is a little upwards of fifty per cent. on the value, the same tax on all the other salt is from one hundred to two hundred, and three hundred and near four hundred per cent. The sun-made salt is chiefly used in the Great "West, in curing provisions; the Liverpool is chiefly used en the Atlantic coasts; and thus the peo- ple in different sections of the Union pay difler- ent degrees of tax upon the same articles, and that which costs least is taxed most. A tax ranging to some hundred per cent, is in itself an enormous tax ; and thus the duty collected by the federal government from all the consumers of the sun-made salt, is in itself excessive; amounting, in many instances, to double, treble, or even quadruple the original cost of the article. This is an enormity of taxation which strikes the mind at the first blush ; but, it is only the beginning of the enormity, the extent of which is only discoverable in tracing its effects to all their diversified and injurious consequences. In the first place, it checks and prevents the im- portation of the salt. Coming as ballast, and not as an article of commerce on which profit is to be made, the shipper cannot bring it except he is supplied with money to pay the duty, or surrenders it into the hands of salt dealers, on landing, to go his security for the payment of the duty. Thus, the importation of the article is itself checked ; and this check operates with the greatest force in all cases where the original price of the salt was least ; and, therefore, where it operates most injuriously to the country. In all such cases the tax operates as a prohibition to u.se salt as ballast, and checks its importation from all the places of its production nearest the sun's track, from the Gulf of Mexico to Con- stantinople. In the next place, the imposition of the tax throws the salt into the hands of an in- termediate set of dealers in the seaports, who either advance the duty, or go security for it, and who thus become possessed of nearly all the salt which is imported. A few persons cm- ployed in this business engross the salt, and fix the price for all in the market; and fix it higher or lower, not accoiding to the cost of the ar- ticle, but according to the necessities of the country, and the quantity on hand, and the sea- son of the year. The prices at which they fix it are known to all purchasers, and may be seen in all prices-current. It is generally, in the case of alum salt, four, five, ten, or fifteen times as much as it cost. It is generally forty, or fifty, or sixty cents a bushel, and nearly the same price for all sorts, without any reference to the original cost, whether it cost three cents, or five 716 THIRTY YEARS' VIEW. %X^% cents, or ten cents, or fifteen cents a bushel. About one uniform price is put on the whole, and the purchaser has to submit to the imposi- tion. This recults from the effect of the tax, throwing the article, which is notliing but bal- last, into the hands of salt dealers. The importer does not bring more money than the salt is worth, to pay the duty ; he docs not come pre- pared to pay a heavy duty on hh balla.st ; he has to depend upon raising the money for pay- ing the duty after ho arrives in the United States ; and this throws him into the hands of the salt dealer, and subjects the country pur- chaser to all the fair charges attending this change of hands, and this establishment of an intermediate dealer, who must have his profits ; and also to all the additional exactions which he may choose to make. This should not be. There should be no costs, nor charges, nor in- termediate profits, on such an article as salt. It comes as ballast ; as ballast it should be handed out — should be handed from the ship to the steamboat — should escape port charges, and in- termediate profits — and this would be the case, if the duty was abolished. Thus the charges, costs, profits, and exactions, in consequence of the tax, arc greater than the tax itself! But this is not all — a further injury, resulting from the tax, is yet to be inflicted tipon the consumer. It is well known tliat the measured bushel of alum salt, and all sun-made salt is alum salt — it is well known that a bushel of this salt weighs about eighty-four pounds; yet the custom-house bushel goes by weight, and not by measure, and fifty-six pounds is there the bushel. Thus the consumer, in consequence of having the salt sent through the custom-house, is shifted from the measured to the weighed bushel, and loses twenty-eight pounds by the operation I but this is not his whole loss; the intermediate salt dealer deducts six pounds more, and gives fifty pounds for the bushel ; and thus this taxed and custom-housed artfcle, after pnj'iiig some hun- dred per cent, to the government and several hundred per cent, more to the regraters, «s worked into a loss of thirty-four pounds on every bushel ! All these losses and imiwsitions would vanish, if salt was freed from the necessity of passing the custom-houses ; and to do that, it must Ijc freed in toto from taxation. The slight- est duty would operate nearly the whole mis- chief, for it would throw the article into the hands of regraters, and would substitute tho weighed for the measured bushel. Such are the direct injuries of the salt tax ; a tax enormous in itself, disproportionate in its application to the same article in different pni ts of the Union, and bearing hardest upon tli.it kind which is cheapest, best, and most indis- pensable. The levy to the government is enor- mous, $050,000 per annum upon an article onlv worth about 5iCOO,000 ; but what tho goviru- ment receives is a trifle, compared to wliat is exacted by the regrater, — what is lost in tliu difference between the weighed and the mea- sured bushel, — and the loss which the farniiT sustains for want of adequate supplies of salt for his stock, and their food. Assuming tlic ^rov- ernment tax to be ten cents a bushel, the uwr- age cost of alum salt to be seven cents, and the rcgrater's price to be fifty cents, and it is clear that he receives upwards of three times as much as the government does ; and that the tribute to those regraters is near two millions of dollars per annum. Assuming again that thirty-four pounds in the bushel are lost to the consumer in the stibstitution of the weighed for the mea- sured bushel, and here is another loss amount- ing to nearly three-eighths of the value of tin. salt ; that is to say, to about $250,000 on an importation of $050,000 worth. These detailed views of the operation and effects of the salt duty, continued Mr. B., pjaa' the burdens of that tax in the most odious ami revolting I'ght ; but the picture is not yet com- plete; two other features are to be introduced into it, each of which, separately, and still more, both put together, go far to double its enormity, and to carry the Iniquity of such a tax up to the very verge of criminality and sinfulness. The first of these features is, in the loss which the farmers sustain for want v( adequate suppliij of salt for their stock ; and the second, fruiu the fact that the duty is a one-sided tax. king imposed only on some sections of the riiiiin, and not at all upon another section of tlie Union. A few details will verify these addi- tional features. First, as to the loss which the country sustains fc want of adequate supplies of salt. Ever}' practical man knows that every description of stock requires salt — hogs, horses, cattle, sheep; and that all tho prepared food of cattle requires it also— hay, fotlder, clover, shucks, Sic. In England it is ascertained, by j ANNO IBZl. ANDREW JACKSON, PRESIDENT. 717 s, and would substitute tho le'asurcd bushel. rect injuries of the Bait tax; .itself, disproportiouatcm;. «ame article in diifcrent parts d bearing hardest upon thut .eapest, best, and most m.i.s- eJ to the government IS en..r- ,cr annum upon an article only WOOO ; but what the P-mTu- , a trifle, compared to what ,3 regrater,-what is lost m th« ^n the weighed and the me»- .and the loss which the <^»;"- U of adequate supplies of salt for their food. Assuming the ^ov- be ten cents a bushel, the... - m salt to be seven cents -rndtk cto be fifty cents, and It IS clear ,8 upwards of three times as much .„,ent does; and that the tnbute t!rs is near two millions of dolk. Assuming again thuth.rty-fo«r bushel an. lost to the consumer „tl of the weighed for the nua- and here is another loss a.noum- U,ree-eighth9 of the value of tl. to say, to about $250,000 on au rSs^t operation.. ^^u;U,contin«eaMr.«.,vI- of that tax in the most od.ous ami . but the picture is not yet con. O^er features are to be mtroducd of\vhich, separately, and st,lln>oa.. ether go far to double its enornu), &"ityofs"chatax«pto .0 f criminality and sinfulness, k ' flt«re8is,inthelosswh.chhe ain for want vi adequate supyks heir stock-, and the second from , the duty i«'^«"«-^"^'^'^''^™' ;'; some sections of the In.. fall upon another section of k I:; dcSilB will verify these ad - ]Z First, as to the loss winch h a ns ft" want of adequate .upphc "lactical man knows that every /st'ock requires salt-hogs, »^o,^; I^TwrnV^tTsascertaiueOy experience, that sheep require, each, half a pound a week, which is twenty-eight pounds, or half a cuetom-house bushel, per annum ; cows require a bushel and a half per annum ; young cattle a bushel; draught horses, and draught cattle, a bushel ; colts, and young cattle, from tlirce pecks to a bushel each, per annum ; and it was computed in England, before the aboli- tion of the salt-tax there, that the stock of the English farmers, for want of adequate supplies of salt, wa.s injured to an annual amounv, far be- yond the product of the tax. Dr. Young, before a committee of the Brit- ish Ilouse of Commons, and upon oath, testi- fied to his belief that the use of salt free of tax would benefit tho agricultural interest, in the increased value of their stock alone, to the annual amount of three millions sterling, near fifteen millions of dollars. Such was the injury of the salt-tax in England to the agri- cultural interest in the single article of stock. What the injurj' might be to the agricultu- ral interest in the United States on the same article, on account of the stinted use of salt occasioned by tho tax, might be vaguely con- ceived from general observation and a few established facts. In the first place, it was known to every body that stock in our country was stinted for salt ; that neither hogs, horses, c.^ttle, or sheep, received any thing near the quantity found by exi^rience to be necessary in England ; and, as for their food, that little or uo salt was put upon it in the United States ; while in England, ten or fifteen pounds of salt to the ton of hay, clover, &c. was used in curing it. Taking a single branch of the stock of the United States, that of sheep, and more decided evidence of the deplorable deficiency of salt can- not be produced. The sheep in the United States were computed by the wqol-growers, in 1832, in tlieir petitions to Congress, at twenty millions ; this number, at half a bushel each, would re- quire about ten millions of bushels ; now the Thol" supply of salt in the United States, both home-made and imported, barely exceeds ten millions ; so that, if the sheep received an ade- quate supply, there would not remain a pound {"r any other purpose ! Of course, the sheep did not receive an adequate supply, nor jwrhaps the fourth part of what was necessary ; and so of all other stock. To give an opinion of the total loss to the agricultural interest in the United States for want of the free use of this article, would require the minute, comprehen- sive, sagacious, and peculiar turn of mind of Dr. Young ; but it may be sufficient for the ar- gument, and for all practical purposes, to assume that our loss, in proportion to the number of our stock, is greater than that of the English farmers, and amounts to fifteen or twenty times the value of the tax itself 1 CHAPTER CLIX. KXPUNQINO EESOLt^TION-PEEPAUATION FOE DECISION. It was now the last session of the last term of the presidency of General Jackson, and the work of the American Senate doing justice to itself by undoing the wrong which it had done to itself in its condemnation of the President, was at hand. The appeal to the people had produced its full effect ; and, in less time than had been expected. Confident from the beginning in the verdict of the people, the author of the move- ment had not counted upon its deliveiy until several years — probably until after the retire- ment of Generel Jackson, and until the subsi- dence of the passions which usually pursue a public man while he remains on the stage of action. Contrary to all expectation, the public mind was made up in less than three years, and before the termination of that second adminis- tration which was half nin when the sentence of condemnation was passed. At the commence- ment of this session, 183C-'37, the public voice had come in, and in an imperative form. A majority of the States had acted decisively on tho subject — some superseding their senators at the end of their terms who had given the obnoxious vote, and replacing them by those who would expunge it ; others sending legisla- tive instructions to their senators, which carried along with them, in the democratic States, tho obligation of obedience or resignation ; and of which it was known there were enough to obey to accomplish the desired expurgation. Great was the number superseded, or forced to resign. The great leaders, Mr. Clay, Mr. Webster, Mr. Calhoun, easily maintained themselves in their 718 THIRTY YEARS' VIEW. reppcctivc States; but tho mortality fell heavily upon their followers, and left them in a helpless minorit;:. The time had come for action ; and on tlic f econd day after tho meotinj; of the Sen- ate, Mr. Benton gate notice of his intention to brinf» in at an early period the imwelcome reso- lution, xnd to press it to a decision, Heretofore he had introdiiccd it without any view to action, but nici'cly for an occasion for ii speech, to go to the pconlc; but the opposition, exulting in their strength, would of themselves call it up, against the wishes of the mover, to receive the rejection which they were able to give it. Now these dispositions were reversed ; the mover was for decision — they for staving it off. On the 2Cth day of December — the third anniversary of the day on which Mr. Clay had moved the condem- natory resolution — Mr. Benton laid upon the table the resolve to expunge it — followed by his third and last speech on the subject. The following is the resolution ; the speech consti- tutes the next chapter: "Jfpmilution to expunsre from the Journal the ItesdhUum of the Senate of March 28, 1834, ill relation to President Jackson and the liemoral of the Deposits. " AVhcroas. on the 20th day of December, in the year 1833, the following resolve was moved in the Senate : '' ^Resoliml, That, by dismissing the late Secre- tary of the Treasury, because he would not, contrary to his own sense of duty, remove the money of the United States in deposit with the Bank of the United States and its branches, in confoiTOity with the President's opinion, and by appointing his successor to effect such removal, which has been done, the President has assumed the exercise of a power over the Treasury of the I'nitcd States, not granted him by the Constitu- tion and kws, and dangerous to the liberties of the people.' " Which proposed resolve was altered and changed by the mover thereof, on the 28th day of Jlarch, in the year 1834, so as to read as follows : " ' /i'esohcrl, That, in taking upon himself the responsibility of removing the deposit of the pablic money from tho Bank of the United States, the President of the United States has assumed the exercise of a power over the Trea- sury of the United States not granted to him by the constitution and laws, and dangerous to the liberties of the people.' " Which resolve, so changed and modified bv the mover thereof, on the same day and year last mentirined, was further altered, so as tc read in these words : " '"Iteaolced^ That the President, in the late executive proceedings in relation to the revenue has assumed upon himself authority and powci not conferred by the constitution and laws, but in derogation of both : ' " In which last mentioned form the said re- solve, on the same day and year last mentioned, was adopted by the Senate, and became the act and judgment of that body, and. as such, now remains upon the journal thereof: "And whereas the said resolve was not warrant- ed by the constitution, and was irregularly and illegally adopted by the Senate, in violation of the rights of defence which belong to every citizen, and in subversion of the fundamental principles of law and justice ; became President Jackson was thereby adjudged and pronouiireil to be guilty of an impeachable ofrence, and a stigma placed upon him as a violator of his oath of office, and of the laws and constitution which he was sworn to preserve, protect, and (leftiid without going through the forms of an impeach- ment, ami without allowing to him the benefits of a trial, or the means of defence : "And whereas the said resolve, in all its various shapes and forms, was unfounded and crr.m'^ous in point of fact, and therefore unjust and unrighteous, as well as irregular and unau- thorized by the constitution ; because, the said President Jackson neither in the act of dismiss- ing Mr. Duane, nor in the appointment of Mr. Taney, as specified in t}!f> first form of the re- solve ; nor in taking upon himself the responsi- bility of removing the deposits, as specified in the second form of the same resolve ; nor in any act which was then, or can now, be specified under the vague and ambiguous terms of tiie general denunciation contained in the tliird and last form of the resolve, did do or commit any act in violation or in derogation of the laws and constitution ; or dangerous to the liberties of tlie people : "And whereas the said resolve, as adopted. wa.s uncertain and ambiguous, containing notliing !mt a loose and floating charge for derogating from tlie laws and constitution, and assuming luigrantwl power and authority in the late executive procwd- ings in relation to the public revenue; icHhmil specifying what part of the executive proceed- ings, or what part of the public revenue was in- tended to be referreil to ; or what parts of tlic laws and constitution were suppo.-sed to hare been infringed ; or in what part of tlie Union, or at what period of his administration, these late proceedings were supposed to have taiion place ; thereby putting each senator at lilierty to vote in favor of the resolve upon a separate and .secret reason of his own, and leaviii); the ground of the Senate's judgment to be pucsse, and, as such, now iournal thereof : li said resolve was not warrant- ,tion,andwa9irrcg;ilarlyand hv the Senate, in violation of efenco which belonR to evei-y ubvcrsion of the fundanieuta and justice jtm/u-e Preside" T^by adjudged and pronouure.1 an imiJeachablc offence and a ,Jn bin as a violator of his oath the laws and constitution which o preserve, protect and dofenj, hvmi-htheformsofaniiiipcMch- SlowiuK to him the benefits ,. means of defence : _ ^arthe said resolve, m al ite 'and forms, was unfounded and o-mt of fact and therefore unjust rL well ^irregular and iiim- e' institution ;berfl««« the. aul SoHeither in the act of dismiss- ''°or in the appointment on^ rJficd in tVo first form of the rc- tSg upon himself the lespons.- l^J\hi deposits ..s specific, m n of the same resolve ; nor m any Ithen, orcannow,bespec.hcd Land ambiguous terms o the Stion contained in the third and he revive, did do or commit any nolh; derogation of the aws and Sr dangerous to the liberties of tlie cas the said resolve, as adopted, ms SK«ous,containingn..ti.n.'l,ut athigcharg;forderogatmKt.om k s tSn, and assuming uiicrant.^1 hortyiithelat^executivepiw- [m to the public revenue; itHlmd 'at part of the executive procced- V^f iho miblic revuiiuc was in- Si'dt^ri "hat parts of the reitriyi ^ » «„niioseil to vave iiod of hi« administrut.0.1. these 1^ Jc. «iim)0sed to have taken KSng euTsenator at liU-rty •^ ^5 e re* olve upon a separate ''''nf bis own and leavini; the 'to the great V^^^^^^^ ^h.^\ Muld not know 8ga>u^t wlut w defend himself; and to tlie loss of senatorial responsibility, by shielding senators fVom public accountability for making up a judgment upon grounds which the public cannot know, and which, if known, might prove to be insufficient in law, or unfounded in fact : "And whereas the specification contained in the first and second forms of thi- resolve ha' ing been objectetf to in debate, and shown to be in oiflicient to sustain the charges they were adduced to support, and it being well l>clit vpf\ that no m.ijority could bo obtained to vote for the said specifications, and the same having been actually withdrawn by the mover in the face of the whole Senate, in consequence of such objec- tion and belief, and before any vote taken there- upon; the said spcciflcations could not after- wards be admitted by any rule of parliamentary practice, or by any principle of legal implication, Bccrct intendment, or mental reservation, to re- main and continue a part of the written and public resolve from which they were thus with- drawn ; and, if they could be so admitted, they would not be sufficient to sustain the charges therein contained : " And whereas the Senate being the constitu- tional tribunal for Ihe trial of the President, when charged by the House of Representatives with offences against the laws and the con.stitu- tion, the adoption of the r,a\d resolve, before any impeachment preferna by the House, was a breach of the piivileges of the House ; not war- ranted by the constitution; a subversiou of justice; a pitjudication of a question which might legally come before the Senate; and a disqualification of that body to jierform its con- stitutional duty with fairness and impartiality, if the President should thereafter be regularly impeached by the House of Kepreseutatives for tlie same offence : '•And whereas tho temperate, respectful, and argumentative defence and protest of the Presi- dent against the aforesaid proceeding of the Senate was rejected and repulsed by that body, and was voted to be a breach of its privileges, and was not permitted to be entered on its journal or printed among its documents ; while all memorials, petitions, resolves, and re.non- stranccs against the President, however violent ur unfounded, and calculateil to inihime the peojJc against him, were duly and honorably received, encomiastically commented upon in speeches, road it the table, ordered to Ijc printed with the long ist of names attached, referred to tlie Finance Committee for consideration, filed iffay among the public archives, and now con- rtitute a part of the public documents of the !K!nate, to be handed down to tlie latest pos- "And whereas the said resolve was intro- I duced, jority of the sulTrages of the whole Union, and that after an express declaration of his senti- ments on this precise point. The evidence of the public will, exhibited in all these forms, is too manifest to be mistaken, too exi»liiit to re- quire illustration, and too imperative to Ih) dis- regarded. Omitting details and specific enu- meration of proofs, I refer to our own files for the instructions to expunge, — to the complexion of the two Houses for the temjier of the people, — to the denationalized condition of the Bank of the Ui. ted States for the fate of the im- perious at ,• iser, — and to the issue of the Presi- dential election for the answer of the Union. All these are pregnant proofs of the ptiblic will, and the iist pre-eminently so: because, both the question of the expurgation, and the form of the process, was directly put in issue upon it. A representative of the people from the State of Kentucky formally interrogated a prominent candidate for tho Presidency on these points, and required from him a public answer for the information of the public mind. The answer was given, and published, and read by all the voters before the election ; and I deem it right to refer to that answer in this place, not only as evidence of the points put in issue, but also for the purpose of doing more ample justice to President Jackson by incorporating into the 2"gislative history of this case, the high and hoiiorable testimony in his favor of the eminent citizei; Mr. Van Buren, who has just been ex- alted to the lofty honors of the American Presi- dency: "Your last question peeks to know 'my* ojiinion as to the constitutional power of the Senate or llouse of Representatives to expunge or obliterate from the journals the proceedings of a previous session. " You will, I am sure, bo satisfied upon fur- ther consideration, that there are but few ques- tions of a political character less connected with the duties of the oflice of President of the United States, or that might not with equal propriety be put by an elector to a candidal; fo. tiiat stu- tion, than this. With the journals of neither house of Congress can he properly have any thing to do. But. as your qufution has doubt- less been induced by the pencV-ncy of Col. Bei, ton's resolutions, to expunj.*' fr ,in the; j'H.ni.iis of the Sei.ate certa i other resolutions toucliin)^ the official conduct of President Jackson, I juc- fer to say, that I regarded the pa-^sage of Col. Benton's pi-eamble and resolutions to be an act of justice to a faithful and greatly injured piiljjio . Tvant, not only constitutional in itself, luit iniperiously demanded by a proi)er respect fur the well known will of the people." I do not propose, sir, to draw violent, uh- warrantcd, or strained inferences. I do not a.*- sume to say that the question of this expurjra- tion was a leading, or a controlling point in the issue of this election, I do not assume to say, or insinuate, that every individual, and cviiy voter, delivered his suffrage with reference to this question. Doubtless there were many ex- ceptions. Still, the triumphant election of tlie candidate who had expressed him.self in the ttniis just quoted, and who was, besides, tlio personal and political friend of President Jackson, ml the avowed approver of his administration, imist be admitted to a place among the proofs in this case, and ranked among the hig'i concurrin;; evi- dences of the public sentiment in favor of tlie motion which T make. Assuming, then, that we have ascertained the will of the people on this great question. the inquiry presents itself, how far the expres- sion of that will ought to be conclusive of our action here ? I hold that it ought to Ix' binding and obligatory upon us ! and that, not only upon the principles of representative govcrnnunt, , which requires obedience to the known will of the people, but also in conformity to the prin- ciples upon which the proceeding against Pre- 1 .sident Jackson was conducted when the sentence against him was adopted. Then every thiii!;! was done with especial reference to the will of j the people ! Their impulsion wis assumed loj be the fsolc motive to action ; and to thcra thel ANNO 18S7. ANDREW JACKSON, PRESIDENT. 721 r BciireMnWl'"'" to '^»P""l-« ltejoum.l«ll»>F"«»'l'"e'' With the jor.rnalB of muncr ''/^X; -so ^ion. touchin, ;;VopS^tJack.onTr^ £nde.n.yaproFrvcsi,ectfor ^ will of the pcoiile. -,=.. sir to chaw violent, «n- stramod mforcnccB. i hat the question of tins eximr(:a- ^ng. or a controlling point m the Son. I do not assume to .a, hat every individual, and .^. ed his suffrage with refmn-e, ,I,ouhtless there were man) X- ni the triumphant cleet.on <.f the o^ll expressed himself in the ten. :'d who' was, besides, the p.vso,d fr-eml of President Jackson, «n ,,,roverofhisadministrat>on,nu>st o a place among the proofs ,n.l.s l^d among the high concurring . V,- e'uhlicsentin.cntinfavoroftk ;r':hat we have ascert..! tesc^^t itself, how far the exjuv Croughttobeconclus,ve..four .hold that it ought to l.buul>,v, Lun^nus!andthat,notonlyuro eVS representative governnu-ut^ h ultimate verdict was expressly referred. The whole machinery of alarm and pressure— every engine of political and moneyed power — was put in moti')n, and worked for many months, to ex- cite the people against the President ; .ind to stir up n < tings, memorials, nctitions, i avelUng com jes, and distress dcput.illons against him; c vi each symptom of popular discontent wus hi) led ns an evi '.-nee of public will, and quot' I iiore a"? Mroof that the people demandc' the r." .emnation of the President. Not only legisutive assemblies, and mo' irials from large assembli 'S, wer ther. produced here as evidence of public opinion, but the petitions of boys un- der age, the remonstrances of a few signers, and the results of the most inconsideralile elec- tions, were ostentatiously paraded and magnified, as the evidence of the sovereign will of our con- stituents. Thus, sir, the public voice was every thing while that voice, partinlly obtained through political and pecuniary machinations, was ad- verse to the President. Then the popular will was the shrine at which cU worshipped. Now, when that will is regularly, soberly, repeatedly, and almost universally expressed through the ballo boxes, at the various elections, and turns out to be in favor of the President certainly no one can disregard it, nor otherwise look at it than as the .solemn verdict ol' the competent and ultimate tribunal upon an issue fairly made up, fully argued, and duly Fubmitted for decision. As such verdict, t receive it. As the deliberate verdict of the sovereign people, I bow to it. I am content. I do not mean to reopen the case, nor to recommence the argument. I leave that work to others, if any others choose to perform it. For my.self, I am content ; and, dispensing with further argument, I shall call for judgment, and ask to have execution done, upon that un- happy journal, which the verdict of millions of freemen finds guilty of bearing on its face an un- true, illegal, and unconstitutional se'itence of condemnation against the approved President of the Republic. But, while declining to reopen the argument of this question, and refusing to tre.id over a^juin the ground already traversed, there is anodur ind a different task to perform ; one which the jpproaching termination of President Jackson's idministration makes peculiarly proper at this lime, and which it is my privilege, and perhajis my duty, to execute, as being the suitable con- Vol. I.--46 elusion to the arduous contest in which we have been ho long engaged ; I allude to the general tenor of his administiiiiion, and to its effect, for good or for evil, upon the conOition of his country. This is the prop • time for 8i:ch a view to bo taken. The polincal existence of this great man now draws to a close. In little more than forty daj he ceases to be a public character. In a few brief weeks he ceases to be an object of po- litical hope to any, and should cca.sc to be an object of political hate, or envy, to all. Wliat- ever of motive the servile and timeserving might have found in his exalted station for raising the altar of adulation, and burning the incense of praise before him, that motive can no longer ex- ist. The dispenser of the patronage of an em- pire—the chief of this great confe' '«iy of States — is soon to be a private indivi. ;al, .,• p- ped of all power to reward, or to j xdeh. • la own thoughts, as he has shown u' . tie dm- cluding paragraph of that messr 'vL '« is to be the last of its kind that we .shall c ic eive from him, are directed to that 'leloved retire- ment from which he was drawr. ' th' .foice of millions of freemen, and to whicU uc jIOw looks for that interval of repose which age and infir- mities require. Under these circumstances, he ceases to be a subject for the ebullition of the passions, and passes into a character for the con- templation of history'. Historically, then, shall I view him ; and limiting this view to his civil administration, I demai d, where is there a chief magistrate of whom sf much evil has been pre- dicted, and from whom so much good has come? Never has any man enteretl upon the chief ma- gistracy of a country under such appalling ppo- diotions of ruin and woe ! never has any one been so pursued with direful prognostications ! never has any one been so beset and impeded by a powerful combination of political and moneyed confederates ! never has any one in any coun- try where the administration of justice has risen above the knife or the bowstring, been so law- lessly and shamelessly tried and condemnf^i by rivals and ei oiics, wit'iout hca>lng, without defence, without the for.ns of law or justice! History has been ransf jked to find examples of tyrants sufficiently odious to illustrate him by comparison. Language has lH;en tortured to find epithets sufficiently strong to paint him in description. Imagination has been exhausted' in her efforts to deck him with revolting and' 722 THIRTY YEARS* VIEW. inhuman attribtitcs. Tyrant, despot, usurper ; destroyor of the liberties o( his country ; rasli, ignorant, imbecile ; endangering the public peace with all foreign nations ; destroying domestic ppmpcrity at home ; ruining all industry, all commerce, all manufactures ; annihilating con- fidence between man and man; delivering up the streets of populous cities to grass and woods, and the wharves of commercial towns to the encumbrance of decaying tcbsoIs ; depriving labor of all rewanl ; depriving industry of all employment ; destroying the currency ; plung- ing an innocent and happy people from the sjim- mit of felicity to the depths of misery, want, and despair. Such is the faint outline, followed up by actual condemnation, of the appalling denun- ciations daily uttered against this one MAN, from the moment ho became an object of poli- tical competition, down to the concluding mo- ment of his political existence. " The sacred voice of inspiration has told us that there is a time for all things. There cer- tainly has been a time for every evil that human nature admits of to bo vaticinated of President Jackson's administration ; equally certain the time has now come for all rational and well-dis- posed people to compare the predictions with the facts, and to ask themselves if these calamitous prognostications have been verified by events ? Have wo peace, or war, with foreign nations ? Certainly, we have peace with all the world ! peaco with all its benign, and felicitou.s. and bene- ficent influences ! Are we respectci, or despised abroad ? Certainly the American name never was more honored throughout the four quarters of the globe, than in this very moment. Do we hear of indignity, or outrage in any quarter ? of merchanv robbed in foreign ports? of vessels searched on the high seas ? of American citizens impressed into foreign service ? of the national flag insulted any where ? On the contrary, we see former wrongs repaired ; no new ones inflicted. Franco pays twenty-five millions of franca for spolia- tions committed thirty years ago 5 Naples pays two millions one hundred thousand ducats for wrongs of the same date ; Denmark pays six hundred and fifty thousand rix dollars for wrongs done a quarter of a century ago ; Spain eng^^^s to pay twelve millions of reals vellon for injuries of fifteen years date ; and Portugal, the last in the list of former aggressors, admits he liability, and only waits the adjustment of details to close her account by adequate indemnity. So far from wnr, insult, contempt, and spoliation fronc abroad ; this denounced administration has been the senson of peace and good will, and the aus- picious era of universal reparation. So far from suffering injury at the hands of foreign powers, our merchants have received indemnities for all former injuries. It has been the day of account- ing, y( settlement, and of retribution. The total list of arrearages, extending through four successive previous administrations, has been closed and settled up. The wrongs done to commerce for thirty years back, and undei* ro many different Presidents, and indemnities with- held from all, have been repaired and paid over under the beneficent and glorious administration of President Jackson. But one single instanrc of outrage has occurred, and that at the extremi- ties of the world, and by a piratical horde, amenable to no law but the law of force. The Malays of Sumatra committed a robbery and massacre upon an American vessel. Wretches ! they did not then know that JACKSON was President of the United States I and that no distance, no time, no idle ceremonial of treating with robbers and assassins, was to hold bark the arm of justice. Commodore Downes went out. His cannon and his bayonets struck tlic outlaws in their den. They paid in terror and in blood for the outrage which was committed; and the great lesson was taught to these distant ()irates — to our antipodes themselves — that not even the entire diameter of this globe could pro- tect them ! and that the name of American citizen, like that of Roman citizen in the great days of the Republic and of the empire, was to be the inviolable passport of all that wore it throughout the whole extent of the habitable world. "At home, the most gratifying picture pre- sents itself to the view : the public debt paid olT; taxes reduced one half; the completion of the public defences systematically commenced; the compact with Georgia, uncomplied with since 1802, now carried into efTect, and hersofl ready to be freed, as her jurisdiction has been delivered, from the presence and encumbrance | of an Indian (Mipulation. Missi-ssippi and Ala- oama, Georgia, Tennessee, and North Carolina; I Ohio, Indiana, Illinois, Missouri, and Arkansas; in a word, all the States encumbered with an Indian population have been relieved from thit I ANNO 1887. ANDREW JACKSON, PRESIDENT. 723 Icouato indcmnUy. So far ontompt,and.por.atlo„fro« inccd adminUtratlonhasU.cn c and good will, and the aus- er'al'^arat-n. So far from Uho hands of foreii^npowcrj^ ,c received indemnitees for a 1 Ithas been the day of account. nt Md of retribution. Ihe :;;; extending thr^igh^ir ^uT administrations, has been cd up. The wrongs done to shack and undetHO nanAmcncanj . p^gON was Idle ceremonial of treating l,„e, no Idle cert ^^^ ^„^^ nnd assassins, was v" i Commodore Downeswem r Ion They paid in terror and t:e^^aJttichwascomniitted..B sso^X taught to these d.^^^ t antipodes themselves-that not rdl'eterofthisglobecou^ip. ' J »\,«* the name of Ameniw Xt rC- citizen i..^ 5".. 1 ,.„„ most gratifying picture pre- r;>;L view -the public debt ,«> lis one half-, the completion of tf^ce^ systematically commence I i„tion Mississippi and Ala- Tn population. ^^ ^\^ Carolina; encumbrance ; and the Indians themselves have been transferred to new and permanent homes, every way better adapted to the enjoyment of their existence, the prcserration of their rights, and the improvement of their condition. " The currency is not ruined ! On the con- trary, sevcnty-flve milliuns of specie in the coun- try is a s|)cctacle never seen before, and is the barrier of the (leople against the designs of any banks which may attempt to suspend payments, and to force a dishonored paper currency upon the community. These seventy-five millions are the security of the people against the dangers of a depreciated and inconvertible paper money. Gold, after a disappearance of thirty years, is restored to our country. All Europe beholds with admiration the success of our efforts in three years, to supply ourselves with the cur- rency which our constitution guarantees, and which the example of France and Holland ghowB to be so casi'y attainable, and of such in- calculable value to industry, morals, economy, and solid wealth. The success of these efforts is styled in the best London papers, not merely a reformation, but a revolution in the currency ! a revolution by which our America is now re- gaining from Europe the gold and silver which she has been sending to it for thirty years past. Domestic industry is not paralyzed; confi- dence is not destroyed ; factories are not stop- ped ; workmen are not mendicants for bread and employment; credit is not extinguished; prices have not sunk ; grass is rot growing in the streets of populous cities ; the wharves arc not lumbered with decaying vessels; columns of curses, rising from the bosoms of a ruined and agonized people, arc not ascending to heaven against the dec t>ycr of a nation's felicity and prosperity. On the contrary, the reverse of all this is true ! and true to a degree that aston- ishes and bewilders the senses. I know that all Is not gold that glitters ; that there is a differ- •ice between a specious and a solid prosperity. I know that a part of the present prosperity is apparent only — the effect of an increase of fifty millions of paper money, forced into circulation by one thousand banks ; but, after making due allowance for this fictitious and delusive excess, he real prosperity of the country is still unprece- dentedly and transccndently great. I know that every flow must be followed by its ebb, that every expansion must be followed by its con- traction. I know that a i-evulsion of the pa|)er system is inevitable ; but I know, also, that these seventy-five millions of gold and silver is the bulwark of the country, and will enable every honest bank to meet its liabilities, and every prudent citizen to take care of himself. Turning to nonic points in the civil adminis- tration of President Jackson, and how much do we not find to admire ! The great cause of the constitution has been vindicated from an impu- tation of more than forty years' duration. lie has demonstrated, by the iact itself, that a na- tional bank is not 'necessary ' to the fiscal opera- tions of the federal government ; and in that demonstration he has upset the argument of General Hamilton, and the decision of the Su- preme Court of the United States, and all that ever has been said in favor of the constitution- ality of a national bank. All this argument and decision rested on the single assumption of the ' necessity ' of that institution to the fed- eral government. He has shown it is not ' ne- cessary;' that the currency of the constitution, and especially a gold currency, is all that the federal government wants, and that she can get that whenever she pleases. In this single act, he has vindicated the constitution from an un- just imputation, and knocked from under the decision of the Supreme Court the assumed fact on which it rested. lie has prepared the way for the reversal of that decision ; and it is a question for lawyers to answer, whether the case is not ripe for the application of that writ of most remedial nature, as Lord Coke calls it, and which was invented, lest, in any case, there should be an oppressive defect of justice ! the venerable writ of audita querela defenden- tis, to ascertain the truth of a fact happening since the judgment ; and upon the due finding of which the judgment will be vacated. Let the lawyers bring their books, and answer us, if there is not a case here presented for the application of that ancient and most remedial writ? From President Jackson, the country has first learned the true theory and practical in- tent of the constitution, in giving to the Execu- tive a qualified negative on the legislative power of Congress. Far from being an odious, danger- ous, or kingly prerogative, this power, »8 vested in the President, is nothing but a qualified copy 724 TIirilTY YFAUS' VIKW. oftlic fltnioiiN vi-to power vohUmI iu tlif trilmiicM of thi- p<'ri|il(> niniiiiK thu llotniiiiH, nml intended to HUH|M'iid ihv pfiNNKgit (ifa law until tlii> iHiopIv thcriif^clvfH nIioiiM Imvo time to oonHiiler it. The qualified veto of tin- Prenident dcstroyH noihiuKi it only tlelayH the |tiwsofip;hl afterwards \k' ainioHt imimsHible. The qualified nepttive in, therefore, a heneflcent pow- er, intended, as General Hamilton expri'snly decliiiv.s in the ' FederaliHt,' tf> protect, first, the executive de|>artmcnt from the encnmch- menlH of the lej^iHlative department ; and, se- condly, to preserve the |itoplo from hoaty, dan- (feroMH, or criminal legislation on the part of their rei)rescntative8. This is the deHign and Inti'iilion of the veto power; and the fear ex- l)ressed hy General Hamilton was, that Presi- dents, HO far from exercising it too often, would not exercise it as often as the safety of the peo- ple refpiired ; that they might lack the moral courage to stake themselves in opposition to a favorite niea-sure of the majority of the two Houses of Congress; and thus deprive the iwo- ple, in many instances, of their right to pass upon a bill before it becomes a flnal law. The casus in which President Jackson has exercised the veto power has shown the soundness of these observations. No ordinary President would have staked himself against the Dank rif the United States, and the two Houses of Congress, in ]H^2. It required President Jackson to con- front that power — to stem that torrent — to stay the progress of that charter, and to refer it to the people for their decision. His moral cour- age was equal to the crisis. lie arrested the charter until it cotild go to the people, and they have arrested it for ever. Had he not done so, the charter would have become law, and its re- peal almost impossible. The people of the whole Uninu would now have Im'cu in the condition of the jK-ople of Pennsylvania, bestrode by the monster, in daily conflict with him, and main- taining a doubtfid content for supremacy be. tween the govenuncnt of a State and the direc- tory of a moneyed corporation. To detail H|Mriflc acts which adorn the ad- ministration of President Ja(;knon, and illustrate the intuitive sagO'-ity of his intellect, the firm- ness of his mind, liis disregard of [M'rsonal popu- larity, and his entire devotion to the public gofMl, would Im! inconsistent with this rafiid skeUih, inte!;.-led merely to present genernl views, and not to detail single actions, howso- ever w«>rthy they may Im! of a splendiil page in the volume of history. Hut how can we pnNs over the great measure of the removal nf tlic public moneys from the Hank of the TTtiiteil States, in the autumn of IK.'i.'t? that wise, he- roic, and masterly measure of prevention, whinh has resriH'd an empire from the fangs of a mer- ciless, revengeful, greedy, insatiate, implacable, moneyed jmwer ! It is a remark for whieh I am indebted to the philosophic observation nP my most esteemed colleague and friend (point- ing to Dr. Linn), that, while it requires fur greater talent to foresee an evil Ix'foro it haj»- pens, and to arrest it by precautionary measures, than it requires to apply an adequate retnedy to the same evil after it has happened, yet tlie applause bestowed by the world is always gre.tl est in the latter case. Of this, the removal of the public moneys from the Bank of the Ijiiii .States is an eminent instance. The veto «r 18.32, which arrested the charter whi(;h Con- gress had granterl, immediately received the ajh plausi! and approbation of a majority of tin Union : the rcnfO'.al of the tlejiosits, which [in vented the bank from forcing a recharUr, was disapproved by a large majority of the country, and even of his own friends ; yet the veto womJi! have Ixjcn imavailing, and the bank would inevi- tably have been rechartered, if the dcpositH liad not been removed. The immense sums nf pub- lic money since a<.'cumulated would have en- abled the bank, if she had retained the posses- sion of it, to have coerced a rechartcr. Nothing but the removal could have prevcntcKNT. 725 ,„Hylvani», »H.Htr.Hlc ».y U.. .Jflict with him, «n.l. nam- , content for H»l'"'"'»^y '- „„ntofaStatoau.Uhori)«>ration. flc act. which a.l..rn h. a. - ,.Hiae,.t.la..k«on,an.l.n«srut.. ,Uy„fhiHi..ie»Uct,lhotirm- „MVmrc.Kar.l.>flHTH""alr..,.n- ■ntiro aovotion to the imM" inconHi-tent with thiK ra,. I ,„cre.ly to prm-nt pu-u1 o aetaii KinRlc acti..nH, howno- .neanurc of the n^noval th from the Hank .>f the 1 .nU.l „UU«noflH:»:»1thatw.s.,hc- rlymoaH«rcof,>rcvc"t,.mwhw-l. cliro from the fanj;« of a ,n..r- r Uay, insatiate, lmpla.aU. ; ; 'it i« a remark for wh.h J a coUeatn- ami frien.l(,....nl- I), that, while it re,n,r- far , trcHeo an evil Ufore >t H>- rent it by proca"»'""''^y """'""•;' :Hto'pplyanaaeanaU.renu.^^^ vil after it haHhapp.^nea,>ettl ,weahythew..riaiHalwayHKr.U^ or cai Of thin, the ren>ov«l of n'rfromthoBankoflhclu,..^ •:iLnt in^tance. The vHo - .rrentca the charter whuh • 2 ntca, immeaiat^ly rece.vea th. U- J^r bation of a major.ty .. -• ;u.o...Uoftheael.osilH,whi.l.I.n- :U romfurcinKarecharUT.w. "a large majority of the country LwnWenas-.yetthevet...o,.H vamnK, ana the bank wonhlm.,. ; charterea,iftheaepos,t« .0 el. The immense H«m« of y.^>- P^«.um«lateawouia -^^ »e jHjoplc. 1* J ,^^^,, again iuMtallea in power; ana thin entire ftilcral governnifiit wouM have In^en held aH an up|N'na- a^e to lliat bank, anr money, iHHuing from a thouKand different bankH, to discliarge themKclveH on the national domain. He foresaw that if these currentH were allowed to nin their conriw, that the public IuuiIh would Iw swept away, the Treasury would Im> filled with irredi^emable paper, a vast num- Ikt of Ixinks must Ite broken by their folly, and the cry Hct up that nothing but a national Itank could rifnilato tlio curriMicy. He sto|>[Ktd the course of these streams of pa|)er ; and, in ho do- ing, has saved the country from a great calamity, and excited anew the ina4;hinations of those whose schemes of gain and mischief have t>een (lisapp«>intcd ; and who had counted on a new edition of panic and pressure, and again naluting Congress with the old story of confidence do- Htroyed, currency ruined, prosperity annihilated, and distress prodmvd, by the tyranny of one ninn. They iK'gan their lugubrious song; but ridicule and contempt have provers have shared the fate of nih 'uilitary opponents; and Washington city ban In-en to the American |M)lilicittns who have ossailcfl him, what New Orleans was to the Itritish generals who attiuked IiIh lines. Re- pulsed ! driven bock! tiittcomfiled ! crushed! has liet!!) the fate of all assailants, foreign and domestic, civil and military. At home and abroad, the imiiress of his gt^nins and of his character is felt. He hoH impressed U|K)n the age in which he lives the stamp of Iuh anns, of his diplomacy, and of his domeHtic policy. In a word, so transcendent have Ijcen the mentH of hiH administration, that they have o|)erated a miracle upon the minds of his most inveterate oi)IK)ncnts. He has expunged tlieir objections to military chieftainH ! He has nhown them that they were ntiHtaken ; that military men were not the dangerous rulerH they had imagined, but Hafe and jirosjjerouH conductors of the vcsHid of .Htate. He han changed their fear into love. With visible signs they admit their error, and, instead of deprecating, they now invoke the n;ign of chieftains. They labored haril to iirwurc! a military successor to the present incnndient ; and if their love gfjcs on increasing at the HOTDe rate, the republic may be put to the cxjieiir < of perif)dical wars, to breed a perjxjttial sucre ssiin of these chieftains to rule over them an'J th -Ir posterity for ever. To drop this irony, which the inconsicaeucy i^ 726 THIRTY YEARS* VIEW. .^ii^J t "im of mad opponents has prorokcd, and to return to liic plain delineations of historical painting, the mind imilinctivcly dwells on the vast and unprecedented popularity- of this President. Great is the inilucnco, great the power, greater than any man ever before possessed in our America, which he has acquired over the public mind. And how hac he acquired it ? Not by the arts of intrigue, or the juggling tricks of diplomacy ; not by undermining rivals, or sac- rificing public interests for the gratiflcation of classes or individuals. But ho has acquired it, first, by the exercise of an intuitive sagacity which, leading all book learning ut an immea- surable distitncc behind, has always enabled bim to adopt tho pght rcmt-tly, at the right time, an(' to conquer sooiiCoi. when the men of forms and office thought him most near to ruin and dos|)iiir. Next, by a moral courage which know no fear when the public good beckoned him to go on. Last, and chiefest, he has a^uircd it by on ofMjn honesty of purpose, which knew no conceahiientH ; by a straightforwanlncss of ac- tion, which disdained the forms of office anl the usuqwr, despot, and tyrant, as he was called, from the high place to which the suffrages of millions of firemen had elevated him. Great is tho confidence which he has always reposed in the discernment and equity of the American people. I have been accustomed to see him for many years, and under many d-.a- couraging trials ; but never saw him doubt, for an instant, the ultimate support of the peopk*. It was my privilege to see him often, and during the most gloomy period of the panic conspiracy, when the whole earth seemed to be in conuiio- tion against him, and when many friends were faltering, and stout hearts were quailing, befont the raging storm which bank machination, und senatorial denunciation, had conjured up to over- whelm him. I saw him in the darkest moniunts of tiiis gloomy period ; and never did I sec IiIh confldunco in the ultimate support of his felluw- citizcns forsake him for an instant. He always said tho people would stand by those who stand by tliem ; and nobly have they justified that confidence ! That verdict, the voice of millions, which now demands the expurgation of that sentence, which the Senate and the bank tlivn pronounced upon him. is the magnificent re- sponse of the people's hearts to the implicit coii- ihlence which he then refioscd in them. But it was not in the people only that he had confi- .lenrc; there was another, and a far higliiT Power, to which he constantly looked to save tho country, and its defenders, from every (lun- ger ; and signal events prove that ho did not look to that high Power in vain. Sir, I think it right, in approaching the ter- mination of this great question, to present tills faint and rapid sketch of the brilliant, lieneflccnt, and glorious administration of President .Fack- 8on. It is not for me to attempt to do it jus- tice ; it is not for ordinary men to attempt its history. His military life, R'splendent with doazling events, will demand the iien of a ncn- ous writer; his civil administration, rciiKiv with scenes which have called into action eu many and such various passions of the liiiinnii heart, and which has given to native sngurity so many victories over practised politicians, will require the profound ' nninoiis, and philosophi- cal conceptions of a Livy, a Plutarch, or a Sal- lust. This history is not to be written in our day. Tho cotemporaries of such events are not the hands to describe them. Time must first do i ;^";'t^iiji,lfi ANNO 1837. ANDREW JACKSON, PRESIDENT. 727 illci, from the high place to B of millions of freemen had Mcncc which he has ahvay« ccrnmcnt and equity of the 1 have hcen accustomed to years, and under many a.«- but never saw him doubt, for tiniatc support of the people. goto see him often, and dumg period of the panic conspiracy, Jarth seemed to be in oimuno- and when many friends were ut hearts were quaiUni<,befon^ , which bank machination, an.l Biation,hadcoiuuret people only that he had confi- iwas another, and a far higher ■h he constantly looked to Bav( id its defenders, from every dan- ,1 events prove that ho did not itth Power in vain. It right, in approaching the tor- >iB great question, to present thi. sketch of the brilliant, boneflctnt, administration of ra-»id.nt Jack- t for me to attempt to do it jus- for ordinary men f. attempt its miliUry life, i-esplendent w.ih 8 will demand the iH.n of a ntn 'hi« civil administrati.m, rcphie vWch have called into action .u h various passions of the human ich has given to native sagacity Lies over nmctisedpol.ticmns^l ■ofouncl • nuinous, and philo^.^h • ,s of a Livy, a Pl«taa>h. or a Sal- .,tory i« not to be written m - Lmporaries of such events are n describe them. Time must lir«t do its office — must Hilence the passions, remove the actors, devclope consequences, and canonize all that is sacred to honor, patriotism, and glory. In after ages the historic genius of our America shall produce the writers which the subject de- mands — men fur removed from the contests of this day, who will know how to estimate this great epoch, and bow to acquire on immortality for their own names by painting, with a mas- ter's hand, the immortal events of the patriot Procident's life. And now, sir, I finish the task whic'.i, three yearn ago, I inqMsed on myself. Solitary and alone, and amidst the jeers and taunts of my opponents, I put this ball in motion. The peo- ple have taken it up, and rolled it forward, and I am no longer any thing but a unit in the vast niai38 which now propels it. In the name of tha'. mass I si)eak. I demand the execution o( the edict of the people ; I demand tlie expurga- tion of that sentence wliich the voice of a fow senators, and the power of their coufcderute, the Bank of the United States, has caused to be placed on the journal of the Senate ; and which the voice of milliond of freemen has ordered to bo expunged from it. CHAPTER CLXI. EXPUNOINO KE!*OUlTION : MU. Ct.AY, MR. <'.\r^ UOUN. MK. WKBSTKK: LAST SCENE: KJMOLir- TlON I'ASSEU, ANU EXECUTEH. Saturday, the 14th of January, the democratic senators agreed to have a meeting, and to take their final measures for passing the expunging resolution. They knew they had the luimla is ; but they also knew that they liud adversaries to grappie with to whom might l)e applied the proud motto of Louis the Fourtet ith : " Not an uneciual match for numbers." They also know that memlxsrs of the party were in the pn)cesH of Hoparating from it, and would ivquire concilia- ting. They mot in the night at the then famous restaurant of Boiilanger, giving to the ossenibhige tlio air of a convivial entertainment. It coiitiiiu- fd till midnight, and required all tlie Miodcra- tinn, tact and s)e, ivady in a certain committee room near the Senate chamber by four o'clock on Uie afternoon of Monday. The motion to take up the subject was made at the apfiointed time, and immediately a debate of long s|)eeches, chiefly on the other side, open- ed itself upon the question. It was evident that coinsumption of time, delay and adjourn- ment, wa.s their plan. The three great leaders did not join in the opening ; but their place was We'll supplied by many of their friends, able speakers — some effective, some eloquent : Pres- ton of South Carolina : Richard 11. Bayard and John M. Clayton of uelawarc ; Crittenden of Kentucky ; Southard of Now Jersey ; White of TenneB.see ; Ewing of Ohio. They were only tho hulfin nunil)cr,but strong iu zea' and ability, that commenced the contest three years before, rein- forced by Mr. White of Tennessee. As the dark- ness of approaching night came on, and the groat diandelier was lit up, splendidly illuminating the chamber, then crowded with the members of the 728 TIIIUTV YEARS' VIKW, House, nnd the lobbies and galleries filled to their utmost capacity by visitors and spcctatorH, the scene became grand and impressive. A few spoke on the side of the resolution — chiefly Rives, Buchanan, Niles — and with an air of ease and satisfaction that bespoke a quiet deter- mination, and a consciousness of victory. The committee room had been resorted to in parties of four and six at a time, always leaving enough on WKtch : and not resorted to by one side alone. The Disposition were invited to a full participa- tion—an invitation of which those who were able to maintain their good temper readily avail- ed themselves ; but the greater part were not in a humor to eat any thing — esiwcially at such a feast. The night was wearing oway : the ex- pungers were in full force — masters of the cham- ber — happ}- — and visibly determined to remain. It became evident to the great opposition leaders that the in('\ itable hour had come : that the damnable deed was to be done that night: and that the dignity of silence was no longer to them a tenable position. The battle was going against them, and they must go into it, withoo c being able to re-establish it. In the beginning, they had not considered the expunging movement a seri- ous proceeding: as it advanced they still expect- ed it to miscarry on some point : now the real- ity of the thing stood before them, confronting their presence, and refusing to " down " at any conmiand. They broke silence, and gave vent to language which bespoke the agony of their feelings, and betrayed the revulsion of stomach with which they approached the odious subject. Mr. Calhoun said : "No one, not blinded by party zeal, can pos- sibly be insensible that the measure proposed is a violation of the constitution. The constituti(^n requires the Senate to keep a journal ; this re- solution goes to expunge the journal. If you may expunge a part, you may expunge the whole ; and if it is expunged, how is it kept ? The constitution says the journal shall be kept ; this r "olution says it shall bo destroyed. It does the very thing which the constitution de- clares shall not be done. That is the argument, the whole argument. There is none otiier. Talk of precedents ? and precedents drawn from a foreign country ? They don't apply. No, sir. This is to be done, not in consciciuence of argument, but in spite of argument. I under- stand the case. I know perfectly well the gen- tlemen have no liberty to vote otherwise. They are coerced by an exterior power. They try, indeed, to comfort their conscience by saying that it is tLo will of the people, and the voice of the people. It is no such thing. We all know how these legislative returns have been obtained. It is by dictation from the White Hotise. The President himself, with that vast mass of patron- age which he wields, and the thousand expecta- tions he is able to hold up, has obtained those votes of the State Legislatures ; and this, for- sooth, is said to be the voice of the people. The voice of the people ! Sir, can we forget the scene which was exhibited in this chamber when that expunging resolution was first introduced here? Have we forgotten thp universal giving way of conscience, so that the senator from Missouri was left alone ? I see before me se- nators who could not swallow that resolution ; and hus its nature changed since then ? Is it anj' more constitutional now than it was then ? Not at all. But executive power has interpos- ed. Talk to me of the voice of the people I No, sir. It is the combination of patronage and power to coerce this body into a gross and pal- pable violation of the constitution. Some indi- vile ! Sir, can we forget the xhibited in this chamber when solution was first introduced forcotten thp universal giving •e, so that the senator from ; alone? I see before mc se- not swallow that resolution ; B changed since then 7 Is it itional now than it was then? executive power has mterpos- of the voice of the people '. N o orabination of patronage and this body into a gross and pal- r the constitution. Some indi- re think to escape through the in which this act is to be per- tell us that the resolution on not to be expunged, but is only ' Expunged.' Ueally, sir, I do o argue against such contempti- The occasion is too solemn for f this sort. You are going to ititution, and you get rid of he chood. You yourselves say that ^ expunged by your order. 1 ct .t expunged. You put your net Is, You record it, and then turn > I* waste my breath? I know vain. The day is gone; ; ni-lit night is suitable to the dark tc There is a sort of destiny 'lie act must be prrformed ; and ^h will tell on the political histo- ;try for ever. Other preceding le constitution (and they have ■^ crcat) filled my bosom with in- this fills it only with pncf. ,ne in the heat of party. PoN^r compelled to support itself by •w instruments of influence and I there were ambitious and able the process. Such was the re- ■posits, which the President scz- Lnv and unprecedented act of a - . an act which gave him ample hding friends and punishinp ene- ling may, ^rhaps be panloned matter, oA the old apology of IcT of necessity. But here th^o apology. Here no necessity can p'^^^tended. This act or.|rma[e. Jd, pergonal idolatry.. It is th deicVof a broken spirit, ready to of power. The former act w^ Light have been perpetratei in Coyer C«!sar; but an act like this could never have been consummated by a Roman Senate until the times of Caligula and Nero." Mr. Calhoun was right in his taunt about the universal giving way when the resolution was first introduced — the solitude in which the mover was then left — and in which solitude he would have been left to the end, had it not been for his courage in reinstating the word expunge, and appealing to the people. Mr. Clay commenced with showing that he had never believed in the reality of the prpc-eed- ing until now ; that he had considered the reso- lution as a thing to be taken up for a speech, and laid down when the speech wa.s delivered ; and that the last laying down, at the previous session, was the cud of the matter. lie said : " Considering that he was the mover of the resolution of March, 1834, and the consequent relation in which he stoofl to the majority of the Senate by whose vote it was adopted, he had felt it to be bis duty to say something on this expunging resolution; and he had always intended to do so when he should be persuaded that there existed a settled purpose of pressing it to a final decision. But it had been so taken up and put down at the lajst ses- sion — taken up one day, when a speech was prepared for delivery, and put down when it was pronounced — that he had really doubted whe- ther there existed any serious intention of over {tutting it to the vote. At the Tery close of the ast session, it will be recollected that the isso- hition came up, and in several quarters o*" the Senate a disposition wa.^ manifested to ccnne to a definitive decision. On that occasion he had offered to waive his right to address the Senate, and silently to vote upon the resolution ; but it was again laid upon the table ; and laid there for ever, as the country supposed, and as he be- lieved. It is, however, now revived ; and, sun- dry changes having taken place in the members of this boily, it would seem that the present design is to bring the resolution to an absolute conclusion." Then, after an argument itgainst the expurga- tion, which, of necessity, was obliged to be a recapitulation of the trgument in favor of the original condemnation of the President, he went on to give vent to his feelings in expressions not less bitter and denunciatory of the President and his friends than liiose used by Mr. Calhoun, Baying: " But if the matter of expunrtion be contrary to the truth of the case, reproachful for its base Bubservieiiey, derogatory from the just and ne- cessary powers of the Senate, and repugnant to the constitution of the United States, the man- ner in which it is proposed to accomplish this dark deed is also highly exceptionable. The expunging resolution, which is to blot out or enshroud the four or five lines in which the resolution of 1834 stands recorded, or rather the recitals by which it is preceded, arc spun out into a thread of enormous length. It runs, whereas, and whereas, and whereas, and where- as, and whereas, &c., into a formidable array of nine several whereases. One who should nave the courage to begin to read them, unaware of what was to be their termination, would think that at the end of such a tremendous display he must find the very devil." And then coming to the conclusion, he con- centrated his wrath and grief in an apostro- phizing peronition, which lacked nothing but verisimilitude to have been grand and affecting. Thus: " But why should I detain the Senate, or needlessly waste my breath in fniitless exer- tions. Ths decree has gone forth. It is one of urgency, too. The deed is to be done — that foul deed which, like the blood-stained hands of the guilty Mc.cbeth, all ocean's waters will never wash out. Proceed, then, with the noble work which lies before you, and, like other skilful executioners, do it quickly. And when you have perpetrated it, go home to the people, and tell them what glorious honors you have aciiicvcd for our common country. Tell them that you have extinguished one of the brightest and purest lights that ever burnt at tiie altar of civil libertj'. Tell them that you have silenced one of the noblest batteries that ever thundered in defence of the constitution, and bravely sjiiked the cannon. Tell them that, henceforward, no matter what daring or outrageous act any Presi- dent may perform, you have for ever hermeti- cally sealed the mouth of the Senate. Tell theiii that he may fearlessly assume what pow- ers he ])leases, snatch from its lawful custody the public purse, command a military detach- ment 10 enter the halls of the capitol, overawe Coiigross, trample down the constitution, and raze every bulwark of freedom ; but that the Senate must stand mute, in silent submission, and not dare to raise its opposing voice. That it must wait until a House of Representatives, humbled and subdued like itself, and a majority of it composed of the partisans of the Piesident, shall prefer articles of impeachment. Tell them, finally, that you have restored the glorious doc- trines of possiv'i obedience and non-resistance. And, if the people do not pour out their indig- ) itioii and imprecations, I have yet to leai'n the character of American freemen." Mr. Webster spoke last, and after a pause in the debate which seemed to indicate its ooncla- 730 THIRTY YEARS' VIEW. sion; and only rose, and that slowly, as the question was about to be put. IIavin{]; no per- sonal frriefs in relation to General JackKon like Mr. Calhoun and Mr. Clay, and with a tempera- ment less ardent, he delivered himself with com- parative moderation, confining himself to a brief protest against the act ; and concluding, in mea- sured and considered language, with expressing his grief and mortification at what he was to behold; thus: " We have seen, with deep and sincere pain, the legislatures of respectable States instructing the senators of those States to vote for and sup- port this violation of the journal of the Senate ; and this |>ain is inlinitely increased by our full belief, and entire conviction, tiiat most, if not all these proceedings of States had their origin in promptings from Washington ; that they have bt«n urgently requested and insisted on, as being necessary to the accomplishment of the intended purpose ; and that it is nothing else but the influence and power of the executive branch of this government which has brought the legislatures of so many of the free States of this Union to quit the sphere of their ordinary duties, for the purpose of co-o|*erating to accom- plish u measure, in our judgment, so unconsti- tional, so derogatory to the character of the Senate, and markeptible furoe. This scene we shall behold ; and hun- dre should be taken —until flu f?..i;d yusdo.u-; brsd ♦? 's a«i)oct i inviiiri- iimuiiu, h^u Its vdect uj)ou the ranks bled ur of the opposition. They began to falter under a useless persistence, for they alone now did the speaking; and while Mr. Webster was yet re- citing his protest, two senators from the oppo- site side, who had been best able to maintain their equanimity, came round to the author of this View, and said " This question has degenerated into a trial of nerves and muscles. It has be- come a question of physical endurance ; and we see no use in wearing ourselves out to keep off for a few hours longer what has to come before we separate. Wo see that you are able and determined to carry your measure : so call the vote as soon as you please. We shall say op more." Mr. Webster concluded. No one rose. There was a pause, a dead silence, and an intense feeling. Presently the silence was invaded by the single word "question" — the parliamen- tary call for a vote — rising from the seats of different senators. One blank in the resolve remained to be filled — the date of its adoption. It was done. The acting president of the Se- nate, Mr. King, of Alabama, then directed the roll to bo called. The yeas and nays had been previo|)en Senate to draw a square of broad black lines around the sentence, and to Nvrito ai-ross its fiice in strong letters these wonls: "Ex- punged by order of the Stiiate, this ITtth day of March, 1837." Up to this momcul thectcwd ANNO 1837. ANDREW JACKSON, PRESIDENT. 731 They began to falter under CO, for they alone now did the lie Mi. Webster was yet ro- two Bcnators from the oppo- )ccn best able to maintain their round to the author of this This question has degenerated •ves and muscles. It has be- )f physical endurance ; and we iring ourselves out to keep off inger what has to come before ''o see that you are able and rry your measure : so call the irou please. We shall say np ibster concluded. No one rose, so, a dead silence, and an intense tly the silence was invaded by 1 "question"— the parliamcn- ^ote— rising from the seats of rs. One blank in the resolve filled— the date of its adoption. ^ho acting president of the Sc- , of Alabama, then directed the I. The yeas and nays had hecn ,nv and proceeded to be called ry of the Senate, Mr. Asbury ty-three senators wero present, absent. The yeas were: inton, Brown, Buchanan, Dana, lois, i^ulton, Onmdy, Ilubbiird, na Linn. Morrjrt, >Jichola8, Nilcg, kbinson, Buggies, Sevier, Strange, ton. Walker, Wall, Wright. Urs. Bayard, Black, Calhoun, in Davis, Ewing of Ohio, Ikn- .night, Moore, Prentiss, Preston, lard. Swift, Tomlinson, WebsUr, I of tha resolution wa-s announced Mr. Benton rose, and said th»t [remained but to execute th« jjiiatc ; which he moved be done J wiw ordered accordinglj. The Ircuiwn produced the original Irnal of the Senate, and opiiiing lich contained the condemnatory llarch 28th, 1834, proceeded in 1 draw a square of broad black l,c sentence, and to v rite across long letters these words : " EX" Ir of the Sumte, this K.lh day f.'» Up to this moment the crcwd in the great circular gallery, looking down upon the Senate, though sullen and menacing in their looks, had mode no manifestation of feeling ; and it was doubtless not the intention of Mr. Webster to excite that manifestation when ho referred to their numbers, and expressed his ig- norance of the feeling with which they would see the deed done which he so much deprecated. Doubtless no one intended to excite that crowd, mainly composed, as of usual since tho bank question began, of friends of that institution ; but its appearance became such that Senator Linn, colleague of Senator Benton, Mr. George W. Jones, since senator from Iowa, and others sent out and brought in arms ; other friends gathered «fl)out him ; among them Mrs. Benton, who, re- membering what had happened to General Jackson, and knowing that, after him, her hus- band was most obnoxious to tho bank party, had her anxiety sufflciontly excited to wish to be near him in this concluding scone of a seven years' contest with that great moneyed jiower. ThinjiM were in this state when tho Secretary of the Senate began to perform tho expunging process on the manuscript joumol. Instantly a storm of hisses, groans, and vociferations nro.se from tho left wing of the circular galleiy, over tho head of Senator Benton. The presid- ing officer promptly gave the order, which tho rules prescribe in such cases, to clear the gallery. Mr. Beuton opposed tho order, saying : "I hope the galleries will noi be cleared, as many innocent persons will bo excluded, who have been guilty of no violation of order. I^ct tho ruflians who have made tho disturbance alone lie punished: let them be apprehended. I hope the sergeant-at-arms will be directed to enter tho gallery, and seize the ruffians, ascer- taining who they aro in the best way lie can. Let him apprehend them and bring them to the bur of the Senate. I.«t him si'ize the l)ank ruf- fians. I hope that they will not now Iks suRereil to insult tho Senate, as they did when it was under the power of the Bank of the Unitetl States, when ruffians, with arms uimn them, insulted us with impunity. Let them be taken and brought to the bar of the Senate. Ilerc is one just above tne, that may easily be identitied— tho bank ruffians ! " Mr. Benton knew that ho was the object of this outrage, and that the way to treat these gubaltern wretches was to defy and seize tliuni, and havo them dragged as criminals to tlic bar of tho Senate. They were congregated immediately over his head, and had evidently colliH-ted into that place. His motion was agreed to. The order to clear tho galleries was revoked ; the order to seize tho disturbers was given, and immediately exccuteHve taken an active part in these unwise and imi|ii(i- fltablo discussions, a want of patriotism or nf public virtue. The honorable feeliiifrs of SU\iv |)ridc, and local attachments, (inil a place in tlic losoms of the most eidightened and pnii". Hut while such men are conscious of their own in- tegrity ancollection of connnon dangers, in wliich the people of these United States stood side l>y side against the connnon foe — the memory of victories won by their united valor; the pro.s- |icrity and happiness thev have enjoyed under the present constitutioti ; the proud name they bear us citizeus uf this great republic— if all m ANNO 1837. ANDREW JACKSON, PRFSIDENT. 733 ,ul to confront it M a present, langcr ; and said : tematic efforts publiclv mwle „f .liscord between diffi-itiit (1 States, and to place party inon ECORraphical diatinctioiis; h acainst the Nortli, and t uj , South, and to f«)rce into the noBt delicate and excitinji t«- which It is imiwssible tluit n he Union can ever speak with- II Appeals, too. are constantly interests, in order to inHiieua' B Chief Magistrate, as if it wire jould favor a particular quarts r instead of fulflllinR the duties Lh impartial justice to all ; aiul solution of the Union bus at „ ordinary and familiar subj.ct lias the warning voice of ^^ uA\- otten? or have designs iilniuly *.ver the Union ? Let it ix.t 1* impute to all of those who liim- Dart in these unwise un |,c common foe-lhe memory of [by their united valor ; tlie i.n.v Liness thev have ei.joye.l under LUituthm •, the proud name they us of this great rcpubhc-il au these recollections an, in tlie full poHsosBion of all hi.H rucultic!<, and strong to the liiHt in tlio ruling passion of his soul — love of country. Public history will do justice to his public life; but a further notice is wanted ')f him — u notice of the donu-stic man — of the nmn at home, with his wife, his friends, his neighbors, his slaves ; and this I feel some (lualification for giving, from my long and varied acquaintance with him. First, his inti- mate and early friend — then a rude rupture — afterwards friendship and intimacy for twenty years, and until his death : in all forty years of personal observation, in the double relation of friend and foe, and in all the walka of life, public and private, civil and military. The ilrst time that I suw General Jackson was at Nosh vi lie, Tennessee, in 1799 — ho on the bench, a judge of the then Superior Court, uD'l I a youth of seventeen, back in the crowd, lie was then a remarkable man, and had his ascendant over all who approached him, not the effect of his high judicial station, nor of the HCDatoriuI rank which he hud held and resigned ; nor of military exploits, for he had not then been to war ; but the effect of |iersonul (jualities ; cordial and graceful manners, hospitable tem])i'r, elevation of mind, undaunted spirit, generosity, and iwrfcct integrity'. In charging the jury in the im])ending cu.se, he committed a slight so- lecism in language which grated on my ear, and lodged on my memory, without derogating in the least from the resia-ct which he inspired ; and without awakening the slightest suspicion that I was ever to be engaged in smoothing his diction. The first time I spoke with him was Boinc years after, at a (then) frontier town in Tennessee, when he was returning from a Southern visit, which brought him through the towns and camps of some of the Indian tribes. In ])ulling off his overcoat, I perceived on the white lining of the turning down sleeve, a dark speck, which had life and motion. I brushed it oir, and put the heel of my shoe upon it — little thinking that I was ever tj brush away fwm him game of a very different kind. lie smiled; and we began a convcrsution in which he very quickly revealed a leading trait of his charac- ter, — that of encouraging young nien in their luu(i»ble pursuits. Getting my name and parent- age, and learning my intended profession, he manifested a regard for me, said he hud received liospitality at my father's house in North Caro- lina, gave me kind invitations to visit him ; and expressed a belief that I would est ; and, it licing on the side of his feelings, he fouml my effort to be Ix'ttcr than it was. He complimented nio greatly, and from that tin<'! our intimacy iR'gan. I Boon after l)ecame his aid, he lK>ing u Major Oenend in the Tennessee militia — made so by a miyority of one vote. How much often de« pends upon one vote ! — New Orleans, the Creek campaign, and all their conseqiiences, date from that one vote ! — and after that, I was habitually at his house; and, as an inmate, had opportuni- ties to know his domestic life, and at the period when it was least understood and most misn|>. resented. He hiul resigned his place on the bench of the Superior Court, as ho hud previ- ously resigned his place in the Senate of tiio United States, and lived on a superb estate of some thousand acres, twelve miles from Nash- ville, then hardly known by its subsequent famous name of the Hermitage — name chosen for its perfect accord with his feelings ; for he had then actually withdrawn ft-om the stage of public life, and from u state of feeling well known to belong to great talent when flndiD|r no theatre for its congenial employment. Ho was a careful farmer, overlooking every thing himself, seeing that the flcMs and fences were in good order, the stock well attended, and tlic slaves comfortably provided for. His house was the seat of hospitality, the resort of friends and acquaintances, and of all strangers visiting the State — and the more agreeable to all from tlie perfect conformity of Mrs. Jackson's character to his own. But he needed some excitement beyond that which a farming life can afford, and found it, for some years, in the animating sports of the turf. He loved fine horses — racers of s|)eed und bottom — owned severul, and contest- ed the four mile heats with the best that could be bred, or brought to the State, and for large sums. That is the nearest to gaming that I ANNO 1H87. MAllTIN VAN I»IUK>, PUI-SIDKNT. 737 vitntioim to visit him ; and hat I wo«ii«l do woll at iho H whi.»> I'ft'l t»»« '^'^*^*=* "' undertook t.. foretell. Soon •r oi)i)ortunity to show h\» 1 wus cmvloyed >» i^ '•"•»»'- „«Kuitu.li-, where the ohk-st L. trial of which (5.n.ral through concern for the falc ,nior counsel I ha.l to pre- .l.lia myU'sf, an(l,ithc.nK cdinKH, he foun.l n»y effort to was. lie con>i)lin»cnte»l mo that tin- our intimacy U'gan. ame hifl aiw >n"ch often ik- o^^. t_New Orleans, the Creek 1 their conHecinencea, date fr..m luul after that, I wa«hahitually ,1 as an inmate, had oppoitmu- Jonu.sticlife,an.latthei.erio.l ,t undcHtood and most nnsreiv- ,^.1 ,.esit;ned his l-lace on the ,p,.rior Court, as ho had prcv.- L ,.hvce in the Senate of the ,uh1 lived on a sui-erh estate of acres, twelve miles from Nash- .Uy known hy its suhsequiut f the Hermitage-name ciu.sen ocordwiih his feelings; for he Iv withdrawn from the stage .. 'from a state of feelinR well .„ to great talent when llndmR Us congenial employment. Ho 'farmer, overh)oking every thiuR that thcilcldsand fences were ■ he stock well attended, and tlu> Ly provided for. His house wa« litality, the resort of friends ami ,nd of all strangers visUmg the ,„„reagreeahlctoallfromth. ,Uy of Mrs. Jackson's character „t he needed son>e excitement ,.ich a farming life can ailord, and L years, in the animating sprts le loved One horse.s-niceis of ,n»._owned several, and contest- L heats with the hest that could Ut to the State, and for lar^e L the nearest to gammg that I over knew him to come. Cards and the cock- pit have In-en iniputecn seen zealously pressing the advancement of those against whom he had but lately been arrayed In deadly hos- tility. His temper was placable as well as irascible, and his reconciliations were cortlial and sincere. or that, my own case was a signal instance. After a deadly feud, I became his confidential adviser ; was offered the highest marks of his favor, and received from his dying bi'd a mes- sage of friendsliip, dictated when life was de- parting, and when he wtmid have to paii«o for breath. There was a deeinseateil vein of jiiety in him, unaffectedly showing itself in his rever- ence for divine worship, respect for the ministers of the gospel, their hospitable reception in liis house, and constant encouragement of nil the pious tendencies of Mrs. Jackson. And when they both aftcrwanis became niemlK'rs of a church, it was the natural ami regidar result of their early and eherishe*! feelings. He was gily of Mis- souri, and, as such, nominated me for the rnitcd States Senate, at my first election, in 1820: iin act of hereditary friendship, as our fathers hiul been early friends. Abhorrence of debt, public and private, dis- like of Imnks, and love of hard ni'uey — love ot" justice and love of country, were riding |ia«- sions with J<\ckson ; and of these he gave con- stant evidence in all the situations of his life. Of private debts he contracted none of his own, and made any sacrifices to get out of those in- currc«. Of this he gave a signal in- stance, not lon^; iK'foiu the war of 1812 — selling the improved part of his estate, with the best buildings of the country upon it, to pay a debt incurred in a mercantile adventure to assist a young relative; and going into log-houses in tin- forest to begin a new home and farm. He was living in these rude tenements when he van- (juished the British at New Orleans ; an waver in the Ixdief tlmt all would come right in the end. In the time of Cromwell 111* would have been a puritan. The character of his mind was that of judg- ment, with a rapid and almost intuitive percep- tion, followed by an instant and decisive action. IMAGE EVALUATION TEST TARGET (MT-3) v .V^ 1.0 I.I ■50 1^ 1^ 1^ 1^ 2.0 g j ^ IL25 i 1.4 Ll^ <^ '/a f ^"^ ^ / Photographic Sciences Corporation 33 WliST MAIN STREET WEBSTER, N.Y. MSSO (716) 873-4503 '// f/. ^ ■o^ v\ ^P?<\ -*mmi.-.^.e: vi It?".'. ll^ljll 'Up/ I ■ !* 738 TIIIIITY YEARS' VIEW. It was that which made him a Gen.ral, and a President for tlie time in which he served. He had vigorous thoughts, but not the faculty of arranging them in a regular composition, either written or spoken ; and in formal papers he usual- ly gave h's draft to an aid, a friend, or a secretaiy, to be written ovei — often to thg loss of vigor. But the thoughts were his own vigorously express- ed ; and without effort, writing with a rapid pen, and never blotting or altering; but, as Carlyle says of Cromwell, hitting the nail upon the head as he went. I have a great deal of his writing now, some on public afl'airs and cover- ing several sheets of paper ; and no erasures or interlineations anywheie. His conversation was like his writing, a vigorous flowing current, ap- parently without the trouble of thinking, and always impressive. His conclusions were rapid, and immovable, when he was under strong con- victions ; though often yielding, on minor points, to his friends. And no man yielded quicker when he was convinced ; perfectly illustrating the difference between firmness and obstinacy. Of all the Presidents who have done me the honor to listen to my opinions, there was no one to who^n I spoke with more confidence when I felt myself strongl}' to be in the right. lie had a load to carry all his life ; resulting from a temper ^\ hich refused compromises and bargaining, and went for a clean victory or a clean defeat, in every case. Hence, every step he took was a contest : and, it may be added, every con- test was a victory. I have already said that he was elected a Alajor General in Tennessee — an election on which so much afterwards depended — by one vote. His appointment in the United States regular army was a conquest from the administration, which had twice refused to appoint him a Brigadier, and once disbanded him as a volunteer general, and only yielded to his militia victories. His election as President was a victory over politicians — as was every leading event of his administration. I have said that his appointment in the regu- lar army was a victory over the administration, and it belongs to the inside view of history, and to the illustration of government mistakes, and the elucidation of individual merit surmounting obstacles, to tell how it was. Twice passed by to give preference to two others in the AVest (General Harrison and General Winchester), OprQ disbanded, and omitt' d in all the lists of military nominations, how did he get at last to be appointed Major General? It was thus. Congress had passed an act authorizing the President to accept organized corps of volunteers. I proposed to General Jackson to raise a corjjs under that act, and hold it ready for sci-vice. lie did so; and with this corps and some militia, he defeated the Creek Indians, and gained the reputation which forced his appointment in the regular arm}\ I drew up the address which he made to his division at the tinie, and when I carried it to him in the evening, I found the child and the lamb between his knee:*. He had not thought of this resource, but caught at it instantly, adopted the addressj with two slight alterations, and published it to his division. I raised a regiment myself, and made the speeches at the general musters, which helped to raise two others, assisted by a small band of friends — all feeling confident that if we could conquer the difficulty — master the first step — and get him upon the theatre of action, he would do the rest himself. This is the way he got into the regu- lar army, not only unselected by the wisdom of government, but rejected by it — a stone rejected by the master builders — and worked in by an unseen hand, to become the corner stone of the temple. The aged men of Tennessee will re- member all this, and it is time that history should learn it. But to return to the private life and personal characteristics of this extraor- dinary man. There was an innate, unvarying, self-acting delicacy in his intercourse with the female sex, including all womankind; and on that point my personal observation (and my opportunities for observation were both large and various), enables me to join in the declaration of the be- lief expressed by his earliest friend and most intimate associate, the late Judge Overton, of Tennessee. The Roman general won an immor- tality of honor by one act of continence ; what praise is due to Jackson, whose whole life was continent ? I repeat : if he had been born in the time of Cromwell, he would have been • puritan. Nothing could exceed his kindness and affection to Mrs. Jackson, always increasing in proportion as his elevation, and culminating fortunes, drew cruel attacks upon her. I knew her well, and that a more exemplary woman in all the relations of life, wife, friend, neighbor, relar tive, mistress of slaves — never lived, and never t>.. '),l ANNO 1837. MARTIN VAN BUREN, PRESIDENT. 739 s how aid he get at last to r General? It was thuR. sed an act authorizing the ovganizedcorpsof volunteers. >ralJackson to raise a corps ,1 hold it reaxly for .cryicc. th this corps and some nnhtia, reek Indians, and gained the forced his appointment m the drew up the address which he .ion at the tin.e, and when I , in the evening,! found the ,b between his knce:^. He had bis resource, but caught at It d the address, with two shgh published it to his division. I t myself, and made the speeches ,sters, which helped to raise two byasmallbandoffriends-^dl t that if we could conquer the er the first step-and get hnn cofaction, he would do the rest ,s the wav he got into the regu- nlyunselected by the wisdom of >t rejected by it-a stone rejected builders-and worked m by an p become the corner stone of the Led men of Tennessee will re- U, and it is time that history t But to return to the private lal characteristics of this extraor- ^n innate, unvarying, self-acting I intercourse with the female sex Lmankind; and on that pmnt bservation (and my opportunities p were both large and various), ioin in the declaration of the be- Tby his earliest friend and mos Lte, the late Judge Overton, of L Roman general won an immor- L by one act of continence; what [to Jackson, whose whole life was repeat: if he had been born m iJromwell, he would have been » thing could exceed his kindness Vo Mrs. Jackson, always increasing L his elevation, and cuhninatmg I cruel attacks upon her. I knew [that a more exemplary woman m lsoflife,wife,fricnd,ne,ghbor,rela. of slavee-never lived, and never presented a more quiet, cheerful and admirable management of her household. She had not education, but she had a heart, and a good one ; and that was always leading her to do kind things in the kindest manner. She had the General's own warm heart, frank manners and hospitable temper; and no two persons could have been better suited to each other, lived more happily together, or made a house more attractive to visitors. She had the faculty — a rare one — of retaining names and titles in a throng of visitors, addressing each one appro- priately, and dispensing hospitality to all with a cordiality which enhanced its value. No bashful youth, or plain old man, whose modesty sat them down at the lower end of the table, cciild escape her cordial attention, any more than the titled gentlemen on her right and left. Young persons were her delight, and she always had her house filled with them — clever young women and clever young men — all calling her af- fectionately, "Aunt Rachel." I was young then, and was one of that number. I owe it to early recollections, and to cherished convictions — in this last notice of the Hermitage — to bear this faithful testimony to the memory of its long mistress — the loved and honored wife of a great man. Her greatest eulogy is in the affection which he bore her living, and in the sorrow with which he mourned her dead. She died at the moment of the General's first election to the Presidency ; and every one that had a just petition to present, or charitable request to make, lost in her death, the surest channel to the ear and to the heart of the President. His regard for her survived, and lived in the persons of her nearest relatives. A nephew of hers was his adopted son and heir, taking his own name, and now the respectable master of the Her- mitage. Another nephew, Andrew Jackson Donelson, Esq., was his private secretary when President. The Presidential mansion was pre- sided over during his term by her niece, the most amiable Mrs. Donelson ; and all his con- duct bespoke affectionate and lasting remem- brance of one he had held so dear. END OF VOLUME I.