JAGKSOH K UNIVtRSiTY OP CALIFORNIA SAN DIEGO WHS "PUNS rr:l^ 0\)\) ri:l LOW5' rrcG Public LibiTirij. No. rul.es. 1. — The Library shall be open for receiving and giviui,^ out books twice each week, at such times as the trustees may decide. 'Viiy person twelve j-ears of age and over may be- ■ bori"ovver by signing an agreement to abide by if»s and regulations, and furnishing a guarantor e, who shall be a well known tax payer. is may be kept two weeks. For each day over s a fine of three cents a day must be paid. 'iuries to books and all loses must be made satisfaction of the trustees. ■ es and damages must be paid before other be taken from the Library. ^^Hik -BtmrnAno sMPrHr )4P FACIPte AVINIi V UMHIu«IA«M •ALtf Central University Library University of California, San Diego Note: This item is subject to recall after two weeks. Date Due lAki 1 A wy} JAN 1 u WtJc .IAK071992 I CI 39 (1/91) UCSD Lib. r LIFE m mm imm OF GENL. ANDREW JACKSON, Seventh President op thk U. S., INCLUDIMa j0 ||o$l ^mpodani tif l^is fiinh ^np^rs. JOHN S. JENKINS. THE EULOGY, Deliveked at Washington City, June 21, 1845. By HON. (^ORGE BANCROFT. ^' ft,, ■ PHILADELPHIA HENRY T. COATES & CO. COPYRKSHi, Porter & Coates. 1S80. AMERICAN PEOPLE, THIS MEMOIR OF ONE, WHO SO OFTEN SIGNALIZED HIS DEVOllUN TO THSM AND THEIR WELFARE ON THE FIELD OF BATTLE AND IN THE CAIUNKT, Oi BOVHOOD AND IN AGE IB RESPFCTFULLY DEDICATKU PREFACE. The following Memoirs hardly require an intra- iuction to the American reader. The life of Andrew Jackson is so intimately connected with the history r)f the country, that the careful student of the one, vill not rest satisfied, until he is able fully to under- stand and appreciate the other. Whatever may be the views entertained in regard to his merits as a warrior, or his abilities as a statesman, his conduct in both capacities was such as must necessarily command attention. His admirers will always be eager to discover some new object for their remem- brance and regard ; while those who are unwilling ^,0 approve his course, either in the camp or the cabinet, will feel impelled, from curiosity, if from 10 other motive, to examine the incidents of his memorable life. There are many features in his f.haracter, and those by no means of the least ini- 8 PREFACE. porlance, which all will deem worthy of commenda* tion ; and none can be so much influenced by the prejudices which have survived the termination of his earthly careei , as to witbhoM the appropriate tribute of their rcrsspect. A large portion of the matter to be found in these pages has been heretofore published, in different shapes. While the writer has not hesitated to make free and liberal use of such materials as were withirv h'S reach, both the language and tlie arrangement have, in all cases, been so modified and changed, as to harmonize with his desire of giving to the public, a fair, candid, and impartial life, of the dis- tinguished citizen and soldier whose name appears on the title-page of the volume. But little merit, therefore, is claimed on the score of originality ; and if those for whom it has been ])repared, are in any degree gratified by its appearance, the labor be- stowed upon it will be amply rewarded. An attempt has been made, which it is hoped may not be regarded as altogether unsuccessful, to present a full and complete acco int of the early his- tory of (leneral Jackson, his carnpaigna against the PREFACE. 9 fndians, his brilliant achievements during the war of ]8l2, and his official acts as governor of Florula A general outline of his administration of the na- tional government is also given; but fur reasons which must be obvious, the space devoted to this purpose is comparatively brief. Less could not have been said, without marring the completeness of the work; and, on the other hand, had the text been more full and explicit, political sympathies and affinities might have been naanifested, which ought to be carefully concealed. CONTENTS. CHAPTER I. 1767. fntroductory rt marks — Birth and parentage of Andrew Jazkson — His early life — Influence of his mother — War of the Revolution — Colonel Buford surprised and defeated — Martial spirit of the colonists — Andrew Jackson joins the American army — Heroic conduct in defending Captain Lands — Surprise of the Waxhaw settlers at their rendezvous — Escape and cap- ture of Jackson — His stratagem to prevent the seizure of Thompson — Imprisonment at Camden — His release, and death of hisbroiherand mother — Pecuniary difficulties — Commences the study of the law — Is licensed to practice — Appointed So- licitor for the western district of North Carolina — Arrival at Nashville. 1789 17 CHAPTER 11. 1789. Early settlements on the Cumberland — Hardships en- dured by Jackson, in the discharge of his oflTicial duties — Escape from the Indians — His presence of mind — Adventures in the wilderness — Locates at Nashville — Fruitless attempts to intimidate him — Indian depredations — Becomes acquainted with Mrs. Robards — His marriage — A member of the Ten- nessee convention — Chosen a senator in Congress — His re- signation, and appointment as a judge of the Supreme Court —-Firmness and decision of character as a judge — Difficulty with Governor Sevier — Resigns his office, and devotes him- self to agricultural pursuits. 1804 29 12 CONTENTS. CHAPTER III. PAOI 1801. Fondness of General Jackson for horses — Duel with Dickirison — Forms a mercantile partnership — Pecuniary diffi- culties — Adventure with the Choctaw agent — Affray with Colonel Benton — Their subsequent friendship for each other — Hostilities with Great Britain — Declaration of war in 1812 — Jackson raises a volunteer force — Their services accepted by government — Ordered to embark for Natchez — Arrival of the troops, and order to disband them — His disobedience of orders — Attempt of General Wilkinson to prevent the return of the volunteers — Object of the order — Jackson's decision exhibited — Shares the privations of the soldiers on their home- ward march — Return, and disbandment of his force. 1813 . 43 CHAPTER IV. 1813. Depredations committed by the Creeks on the borders of Tennessee and Kentucky — Attack on Fort Mimms — Pre- psrations for war — Jackson calls out the volunteers and militia — Address to the troops — Takes the field — Enforces strict military discipline — Rapid march to Huntsville — Delay in for- warding supplies — Thwarted in his movements by General Cocke — Jealousy of the latter — Scarcity of provisions — Efforts of Jackson to procure supplies — Address to the soldiers on entering the enemy's country — Arrival at the Ten Islands — Difficulty wilh the contractors — Destitute condition of the army — Battle of Tallushatchce — Humanity of Jackson — His adoption of an Indian boy. 1813 59 CHAPTER V. 1813. Erection of Fort Strother, and establishment of a depot on the Coosjv — Continued difficulties growing out of the move- ments of Genci'il Cocke — Battle of Talladega — Gallant con- duct of Colonel Carroll and Lieutenant-Colonel Dyer — Desti- tution of the army — Generosity and benevolence of Jackson — His example in submitting to privations — Anecdote of the acorns — Discontent among the troops — Mutiny suppressed by his firmness and resohition— His appeal to the contractors to furnieh supplies — Answer to the overtures of peace made by the Hillabee tribes — Efforts to raise additional troops — Letter Jo his friend in Tennessee — Demand of the volunteers to be discharged, on the ground that their term of service had ex- pired — ^Ileply of Jackson — His unflinching determination- Suppression of the mutiny, and return of the volunteers. 1813 68 CONTENTS. 18 CHAPTER VI. PAQI 1814. Arrival of lecruits — Battle of Emuckfaw — Return of (he armr — Ambuscade of the enemy — Battle of Enotochopco — Bravery of General Carroll and Lieutenant Armstrong — Re- turn to Fort Strother — The army reinforced — Battle ofToho- peka — Kindness of Jackson to a prisoner — Preparations ic attack Hoithlewalle — Address to the troops — The Indians abandon their towns at Jackson's approach — Termmation of the campaign — Operations of the British at Pensacola — Con- duct of the Spanish governor — Proclamation of Colonel Ni- choUs — Unsuccessful attack on Fort Bo wyer — Jackson marches to Pensacola and demolishes it. 1814 61 CHAPTER VII. 1814. Jackson marches to New Orleans — Preparations to de- fend the city — Surrounded by traitors and spies — Situation of the country — Strength of the British expedition — Firmness of Jackson — The city placed under martial law — Vigorous measures rendered absolutely necessary — Landing of the British — Alarm in the city — Jackson determines to attack them — Disposition of his forces — Battle on the night of the twenty-third of December — Gallant conduct of the American troops — Repulse of the British — The complete triumph of the Americans prevented by the darkness of the night — Adven- ture of Colonels Dyer and Gibson — The Americans fall back to a new position, and prepare to fortify it — Effect of the bat- tle. 1814 M CHAPTER VIIL 1814. The Americans fortify their position — Jackson's peremp- tory orders to Major Lacosie — Defence of the Pass Barrataria — Captain Lafitle. — Attack made by the British on the 28th of December — Defensive preparations hastened — Death oi Colonel flenderson — Disaffection in New Orleans — Informa- tion communicated to the British fleet — Stratagem of Mr. Shields — Conduct of the Louisiana legislature — Patriotic reply of Jackson to the committee — Attempt to supply his troops with arms — Gallantry of Colonel Hinds — Cannonade on the 1st of January — Position of the American arrny— Jackson's crders to the Frenchman to defend his property— Defences on the right bank of the river — Caution of Jackion in conrealing the number of his troops. 1815 ...,,. Ill 14 CONTENTS. CHAPTER IX. 1815. Arrival of fresh troops from Kentucky — Preparations of both armies for an attacit — The disposition of Jaciison's force made known to the British by a deserter — Success of Colonel Thornton on the right bank of the river — Eagerness of the American soldiers lor an engagement — Activity and energy of Jackson — The eighth of January — Advance of the British towards the American intrenchments — Destructive fire from the fortifications — Repulse of the British — Death of Sir Ed- ward Packenham — Terrible havoc made in the ranks of the enemy — Bravery of Colonel Rennie — Number of killed and wounded m the battle — Watchword of the British army — Generous benevolence of the American soldiers — An armistice proposed by General Lambert and accepted, with modifica- tions—Brave conduct of the American troops — Want of arms prevents Jackson from capturing the whole British army- English version of the battle. 1815 141 CHAPTER X. 1815. Gratitude of the citizens of New Orleans to their deli- verer — Jackson strengthens his position — Anonymous publi- cations inciting his troops to revolt — The author placed in arrest — Judge Hall ordered into custody for his interference — The British retire to their shipping — Treaty of peace signed — Cessation of hostilities — Jackson submits to the fine imposed by the jud"e — Farewell address to his troops — Return to Nashville — -Depredations committed by the Seminole Indians — Jackson ordered to take command of the southern army — Enters Florida with his army — Execution of Arbuthnot and Ambrister — Capture of St. Marks and Pensacola — Termina- tion of hostilities — Jackson's conduct approved — Appointed governor of Florida — Administration of his judicial duties — Difficulty with the Ex-governor, Callava — Jackson's ill health compels him to return liome. 1821 15fl CHAPTER XI. 1821. Jackson resigns his office in the army — Testimonials of public respect — A candidate for the Presidency — Defeated in the House of Representatives — Election of Mr. Adams- Course of Jackson's friends — His renomination — Warmth of the contest — Elected president — Death of his wife — Kindness to her relatives — His first message — Veto of the Maysville road bill — Dissolution of the Cabinet — Opposition to the United States Bank — Veto message — Re-elected president — DifHculty with the nullifiers — Assaulted by Lieutenant Ran- dolph — Removal of the deposits — Public excitement — Con- troversy with France — Retirement to private life. 1837 . . 173 4318? LIFE ANDREW JACKSON. CHAPTER I. 1767. Introductory remarks — Birth and parentage of Andrew Jack- son —His early life — Influence of tils mother — War of the Revolu« tion — Colonel Buford surprised and defeated — Martial spirit of the colonists — Andrew Jackson joins the American army — Heroic con- duct in defending Captain Lands — Surprise of the Waxhaw settlers at their rendezvous — Escape and capture of Jackson — His stratagem to prevent the seizure of Thompson — Imprisonment at Camden — His release, and death of his brother and mother — Pecuniary diffi- culties — Commences the study of the law — Is licensed to practice — Appointed Solicitor for the western district of North Carolina- Arrival at Nashville. 17S9. In seasons of high party excitement, it is not to be ex- pected, that full and impartial justice will at all times be rendered to the statesman or politician. There is an ancient French maxim, which cautions the legislator to »' think of the rising generation, rather than of that which is passed." It is not amid the prejudices and jealousies of the present, but in the enlightened judgment of the far- off future that he must look for his reward. Cotempo- raneous history is always hasty, and often unjust, in its conclusions; but " the sober second thought" of posterity is ever prompt to repair the wrong. It was the fortune of the subject of these memoirs to occupy, for a series of years, a prominent place in the public estimation, as the leader of the political f arty to which he was attached. During that time, much was said, both for and against him, which it would scarcely become the dignity of history iS LIFE OF JACKSON. to record ; ncr would his most devoted admlror ask, at this day, that any thing should be written concerning him, ex- cept what was conceived in the same spirit tiiat prompted the memoraole remark of the iron-hearted Cromwell to young Lely, "Paint me as I am!" His death has hushed the embittered passions of the hour, and public opinion has already settled down upon a conviction highly favorable to his memory. Few men have ever lived, who exhibited, in a more remarkable degree, those salient points of character, calculated to enforce attention and respect, or possessed those peculiar traits of disposition, which are sure to inspire the warm and devoted attach- ment of personal friends, tlis life and his character, both as a public and private citizen, the storied incidents of his mihtary career, and the important services rendered to the country, are now regarded, by general consent, as tho common property of the nation. Like truly great men, he has left the impress of his mind upon the age in which he hved ; and there is no'; a single American, whose heart is alive to the emotions of patriotism, but feels it beat with a quicker and warmer glow, at the mention of his honored name. Andrew Jackson was descended from a Scotch family, who emigrated to the north of Ireland, at a very remote period. His ancestors suffered many hardships, on ac- count of the cruel and arbitrary exactions of the English government. The continuance of these grievances, which at times almost passed the limits of human endurance, in- duced his father, Andrew Jackson, after whom he was named, to emigrate to this country, with his wife and two sons, Hugh and Robert, in the year 1705. He landed at Charleston, in South Carolina, and shortly afterwards pur- chased a tract of land, in what was then called the " Wax- haw settlement," about forty-five miles above Camden, and near the boundary line of North Carolina, where he settled with his family, tlis son, Andrew, was born on the 15th day of March, 17(57, about two years subsequeni to the arrival of his parents in this country. Soon after the birth of young Andrew, his father died, ksaving him, and his two brothers, to the sole care an< HIS VOUTH 10 guardianship of their mother, who appears to have been a most exemplary woman. She possessed many excellent qualities, both of head and heart; and her children were, early in life, deeply imbued with the straight forwara resoluteness of purpose, and Spartan heroism of charactei, ibr which she was distinguished. Among the many noble mothers, whose sonr have reaped the rich harvest of re- own springing irom the seed planted by their hands, one deserve higher praise or commendation. To tho .essons she inculcated on the youthful minds of her sons, may, in a great measure, be attributed that fixed opposi- tion to British tyranny and oppression, which they after- wards manifested. Often would she spend the winter evenings, in recounting to them the sufferings of their grandfather at the siege of Carrickfergus, and the oppres- sions exercised by the nobility of Ireland over the laboring poor; impressing it upon them as a first duty, to expend iheir lives, if it should become necessary, in defending and supporting the natural rights of man. As they inherited but a small patrimony from theii father, it was impossible that all the sons could receive an expensive education. The two eldest, therefore, were only taught the rudiments of their mother tongue, at a conimon country school. But Andrew, being intended by his mother for the ministry, was sent to a flourishing academy at the Waxhaw meeting-house, superintended by Mr. Humphries. Here he was placed on the study of the dead languages, and cominued until the revolu- tionary war, exienaing its ravages into that section of South Carolina where he then was, rendered it necessary .iiat every one should either betake himself to the Ameri •.'.an standard, seek protection with the enemy, or flee hia country. When the revolutionary Avar first broke out, in 1775, Andrew Jackson was but eight years old, and it was a long time before its horrors were felt in the immediate vicinity of his residence. But from his youth up, he was familiar with the story of the repeated aggressions and insults, which forced the AYnerican colonists to resort to Uae last remedy of an injured people. He eagerlv listened 20 life' of JACKSON. to the thrilling accounts that reached his quiet neighbor hood, of the heroic deeds performed by his brave country men, at Lexington and Bunker-hill, Saratoga and Mon- mouth ; and while he listened, his heart burned with the fire of an incipient patriotism, to avenge the wrongs of his native land. The young and middle-aged men around him were constantly training themselves for any emer- gency, and his mother encouraged, rather than checked, his growing passion for a soldier's life, instead of the peaceful profession for which he was designed. It was a critical time in the destinies of the infant republic, and she required the aid of every stout hand and strong heart, whether it beat beneath the surplice of the priest, or the rough habiliments of the back-woodsman. An opportunity was soon afforded, for him to gratify his ardent desire of mingling in the deadly strife which had imbrued the American soil with blood. South Carolina was invaded by the British, under General Prevost, in 1779, and in the month of May of the following year, Co- lonel Buford and about four hundred men under his com- mand were overtaken by Colonel Tarleton, who had been despatched to cut off' the party by Lord Cornwallis, with a force of seven hundred men, and an indiscriminate slaughter ensued, although little or no resistance was of- fered. Many begged for quarter in vain. The only an- swer was a stroke of the sabre, or a thrust of the bayonet. This act of atrocious barbarity was followed by others of a similar character. Men could not sleep in their own houses unguarded, without danger of surprise and murder. Even boys, who were stout enough to carry muskets, were induced, by a regard for their own safety, as well as from inclination, to incur the dangers of men. Young Jackson and his brothers had their guns and horses, and were almost always in company with some armed party of their kindred or neighbors. Hugh, who was the eldest of the three, was present at the battle of Stono, and lost his life, from the excessive heat of the weather and the fatigue of the day. Shortly after this event, Mrs. Jackson retired before the invading army, with her two remaining sons, Eloberl and Andrew, into North Carolina She remained ATIEMPTED SURPRISE OF CAPTAIN LANDS. 31 there but a short time, and, on returning to the Waxhaws, both Robert and Andrew joined the American army, and were present at the battle of Hang.ng Rock, on the sixth of August, 1780, in which the corps to which they be- longed particuhirly distinguished itself. In the month of September, Mrs. Jackson and her sons, with most of the Waxhaw settlers, were again compelled to retire into North Carolina ; from which tliey returned in February, 17»I. as soon as they heard that Lord Cornwallis had crossed the Yadkin. It was during the trying scenes of this period of the revolutionary struggle, thaf Andrew Jackson gave the first illustration of that quickness of thought, and prompt- nude of action, which afterwards placed him in the front rank of military commanders. A Whig captain, named Lands, who had been absent from home for some time, desired to spend a night with his family. Robert and Andrew Jackson, with one of the Crawfords, and five others, constituted his guard. There were nine men and seven muskets. Having no special apprehensions of an attack, they lay down on their arms, and, with the ex- ception of a British deserter, who was one of the party, went to sleep. Lands' house was in the centre of an enclosed yard, and had two doors, facing east and west. Before the east door stood a forked apple-tree. In the southwest corner of the yard were a corncrib and stable under one roof, ranging east and west. On the south was a wood, and through it passed the road by which the house was approached. A party of Tories became apprized of Lands' return, and determined to surprise and kill him. Approaching through the wood, and tying their horses behind the stable, they divided into two parties, one advancing round the east end of the stable towards the east door of the house, and the other round the west end towards the west door. At this moment, the wakeful soldier, hearing a noise in the direction o( the stable, went out to see what was the matter, and perceived the party which were en tering the yard at the east end of the building. Running back hi terror, he seized Andrew Jackson, who was near* 22 LIFE OF JACKSON. est the door, by the hair, excktming-, " The Tories aw upon us." Our young hero ran out, and, putting his gun through the fork of the apple-tree, hailed the approaching band. Having repeated his hail without an answer, and perceiving the party rapidly advancing and but a few rods' distant, he fired. A volley vvas returned, which killed the soldier, who, having aroused the inmates of the house, had followed young Jackson, and was standing near him. The other band of Tories had now emerged from the west end of the stable, and mistaking the discharge of the advance party, then nearly on a line between them and the apple- tree, for the fire of a sallying party from the house, com- menced a sharp fire upon their own friends. Thus both parties were brought to a stand. Young Andrew, after discharging his gun, returned into the house ; and, with two others, commenced a fire from the west door, where both of his companions were shot down, one of them with a mortal wound. The Tories still kept up the fire upon each other, as well as upon the house, until, startled by the sound of a cavalry bugle in the distance, they betook themselves to their horses, and fled. The charge was sounded by a Major Isbel, who had not a man with him, but, hearing the firing, and knowing that Lands was at- ,acked, he gave the blast upon his trumpet to alarm the assailants. The British commander, having been advised of the return of the Waxhaw settlers, despatched Major Coffin, with a corps of light dragoons, a company of infantry, and a considerable number of Tories, for their capture and destruction. Hearing of their approach, the settlers ap- pointed the Waxhaw meeting-house as a place of rendez- vous, and about forty of them, among whom were the two Jacksons, had assembled there on the day appointed, and were waiting for a friendly company under Captain Nisbett. When the enemy approached, their commanding officer placed the Tories in front, in order to conceal the dragoons; and the little band of settlers were completely deceived by the stratagem. Supposing the reinforcemeni for which they had been waiting was approaching, they were prepared to welcome them as friends, but the ir>o TAKEN PRISONER BY THE BRITISH 23 mt^nt after they discovered their unfortunate mistake. Eleven of the number were taken prisoners, and the rest sought for safety in flight. The two Jacksons were among those who escaped, and temporarily eluded pur- suit. They remained together during the ensuing night, and on the approach of morning concealed themselves in a thicket on the bank of a small creek, not far from the ouse of Lieutenant Crawford, who had been wounded nd made prisoner. Becoming very hungry, they left their horses in the wood, and ventured out to Craw- ford's for food. But a party of Tories, who were well acquainted with the country, and the passes through the forest, unfortunately passed the creek, in the mean time, at the very point where the horses and baggage had been left ; and, guided by one of their number, whose name was Johnson, they approached the house, in com- pany with a small body of dragoons, and presented them- selves at the door, bi'fore the young Jacksons were aware of their approach. Resistance and flight were alike hopeless, and neither \vas attempted. Mrs. Crawford, with several children, one of whom was at the breast, were the inmates of the house. A scene of destruction immediately took place. All the glass, crockery, and other furniture, were dashed in pieces. The beds were ripped open, and the feathers scattered to the winds. The clothnig of the whole family, men, women, and children, was cut and torn into frag- ments. Even the children's clothes shared the fate of the rest. Mercy for the wife and little ones of a hus- band and father, who was already wounded and in their hands, and doomed to imprisonment, if not death, touched not the hearts of these remorseless men, and no- thing was left to the terrified and wretched family, but the clothes they had on, and a desolate habitation. No attempt was made, by <.he British officer commanding, to arrest this destruction Wirile it was in progress, he ordered Andrew Jackson to clean his muddy boots. The young soldier refused, claiming to be treated with the respec due to a prisoner of war. Instead of admiring this manly spirit in one so }oung, the cowardly ruffian struck at hi* 24 LIFE OF JACKSON. head whii his sword ; but, throwing up his left hand, the intended victim received a gash upon it, the scar of which he earned to the grave. Turning to Robert Jackson, the officer ordered him to perform the menial task, and, re- ceiving a like refusal, aimed a furious blow at his head also, and inflicted a wound from which he never recovered. After these exhibitions of ferocity, the party set Andrew Jackson upon a horse, and ordered him, on pain of instant death, to lead them to the house of a well-known "Whig, by the name of Thompson. Apprehending that Thomp- son was at home, it occurred to his young friend that he might save him by a stratagem. At that time, when men were at home, they generally kept a look-out to avoid sur- prise, and had ahorse ready for flight. Instead of leading the party by the usual route, young Andrew took them through woods and fields, which brought them over an eminence in sight of the house, at the distance of half a mile. On reaching the summit, he beheld Thompson's horse tied to his rack, a sure sign that his owner was at home. The British dragoons darted fonvard, and, in breathless apprehension, Andrew Jackson kept his eye upon Thompson's horse. With inexpressible joy, he saw Thompson, while the dragoons were still a few hundred yards distant, rush out, mount his horse, dash into the creek which ran foaming by, and in a minute ascend the opposite bank. He was then out of pistol shot, and as his pursuers dared not swim the rapid stream, he stopped long enough to shout execration and defiance, and then rode leisurely oflT. Andrew Jackson and his brother, with about twenty other prisoners, were mounted on captured horses, and started for Camden, over forty miles distant. Not a mouth- ful of food, or drop of water, was given them on the route. The streams which they forded had b<*en swollen by re- cent rains ; but when they stooped to take up a little wa- ter in the palms of their hands, to assuage their burning thirst, they were ordered to desist by the brutal guard. Ari.'ved at Camden, they were confined, with about two hundred and fifty other prisoners, in a redoubt surround- ing the jail, and overlooking the country to the north. No IMPRISONMENT AT CAMDEN. 20 attention was paid to their wounds or their wants. 'I'hey had no beds, nor any substitute ; and their only food was a scanty supply of bad bread. They were robbed of a portion of their clothing, taunted by Tories with being re- bels, and assured that they would be hanged. Andrew Jackson himself was stripped of his jacket and shoes. With a refinement of cruelty, the Jacksons and their cou- sin, Thomas Crawford, two of them severely wounded, were separated as soon as their relationship was known, and kept in perfect ignorance of each other's condition or fate. In aggravation of their sufferings, the small-pox made its appearance among them. Not a step was taken to stay its progress or mitigate its afflictions. Without physicians or nurses, denied even the kind attentions and sympathy of relatives who were fellow-prisoners, their keepers left them to perish, not only without compassion, but with apparent satisfaction. One day Andrew Jackson was sunning himself in the entrance of his prison, when the officer of the guard, ap- parently struck with his youthful appearance, entered into conversation with him. With characteristic energj', the fearless lad described to him the condition of the pn* soners ; and among the rest, their sufferings from the scantiness and bad rjualily of their food. Immediately meat was added to their bread, and there was otherwise a decided improvement. The Provost was a Tory from New York ; and it was afterwards alleged that he with- held the meat he had contracted to supply for the support of the prisoners, to feed a gang of negroes, which he had collected from the plantations of the Whigs, with intent to convert them to his own use. During the confinement of the Waxliaw prisoners a*. Camden, General Greene made his unsuccessful attack on the British forces at that post under Lord Rawdon. The American army was encamped on Hobkirk's Hill, about a mile distant, and in full view of the redoubt in which the prisoners were confined. On the morning of the 21th ol April, Andrew Jackson became convinced, from what he saw and heard, that a battle was soon to take place. He jvas exceedingly anxious to witness the conflict, out lUe 2 26 LIFE '^F JACKSON. thick plank fence that extended around the redoubt, con* pletely shut out the view of the surrounding country Determined that he would not be foiled in his wish, he set himself at work with an old razor-blade, which had been given to the prisoners to eat their rations with, and by working the greater part of the night, he contrived to cut one of the knots out of a plank, and through this obtained a view of Greene's encampment, and of the san- guinary struggle which took place on the following day. In a few days after the battle before Camden, the two Jacksons were released, in pursuance of a partial exchange effected by the intercessions and exertions of their mother, and Captain Walker of the militia. While he was con- fined in prison, Robert had suffered greatly from the wound in his head which had never been dressed. Inflamma- tion of the brain soon after ensued, which brought him to his grave, in a few days after his liberation. The mo- ther also, worn out with anxiety and solicitude for her chil- dren, and her incessant efforts to relieve the sufferings of the prisoners who had been brought from her own neigh- borhood, was taken sick, and expired in a few week-, near the lines of the enemy in the vicinity of Charlestou. These repeated afflictions were keenly felt by young Jackson, and it was some time before he entirely reco- vered from the shock occasioned by so sudden a bereave- ment. He was tenderly attached to his mother and bro- ther, and as they were his only relatives, their death must have been a severe blow to him. The buoyancy of youth, however, enabled him to beai up manfully against mis- fortune, and he soon after entered into the enjoyment of his estate, which, though small, was sufficient to have given him a liberal education. Unfortunately he had be- come quite intimate with a number of the most polished citizens of Charleston, who had retired to the Waxhaw settlement, during the occupation of that city by the Bri- tish, and had contracted habits, and imbibed tastes, which it was unwise in him to indulge. He accompanied his friends on their return to Charleston ; and, as he deter- mined not to be outdone by his associates, his money was expended so profusely that his whole patrimony was HIS PECUNIARY DIFFICULTIES. 27 soon exhausted, and he was left with nothing but a fine horse which he had taken from the VVaxliaws. The ani- mal itself was at length staked ag-ainst a sum of money, in a game of " rattle and snap." Jackson won the game ; and, forming a sudden resolution, he pocketed the money, bade adieu to his friends, and returned home. This occurrence took place in the winter of I7S1, and immediately after his return to the Waxhaws, Jackson collected the remains of his little property, with the in- tention of acquiring a profession, and preparing himself to enter on the Dusy scenes of life. After pursuing the study of the languages, and other desultory branches of education, under Mr. McCulloch, in that part of Carolina which was then called the New Acquisition, near Hill's Iron Works, for several months, he concluded to abandon the pulpit for which he had been designed by his mother, and embraced the legal profession. In pursuance of tin? determination, he repaired to Salisbury, in North Carolina. and commenced the study of the law, under SpruceMcCay, Esq., afterwards one of the judges of that stale, and sub- sequently continued it under Colonel John Stokes. Hav- ing remained at Salisbury until the winter of 1786, he obtained a license from the judges to practice law, and continued in the state until the spring of 1788, As an evidence of the estimation in which his talents were at that time held by the influential men of North Carolina, he soon after received from the governor the appointment of Solicitor for the western district of that state, of which the present state of Tennessee then formed a part. The observations he was enabled to make while en- gaged in the study of his profession, had convinced him that North Carolina presented few inducements to a young attorney ; and recollecting that he stood solitary in life, without relations to aid him in the outset, when innumer- able di.'Ticulties arise and retard success, he determined to seek a new country. But for this he might have again returned to his native state. The deuih, however, of every relation he had, had wiped away all those endear- ing lecollections and circumstances which attach the mind to the place of its nativity. The western district of the 28 LIFE OF JACKSON. Slate was often spoken of, as presenting flatteung prospects to adventurers, and his official appointment in that quarter happened quite opportunely to enable him to carry out his intention of visiting that section of the country. In the year 17*^8, at the age of twenty-one years, he ac- companied Judge McNairy, who was going out to hold the first Supreme Court that had ever sat in the district. Having reached the Holston, they ascertained that it would be impossible to arrive at the time appointed for the ses- sion of the court; and therefore took up their residence, for some time, at Jonesborough, then the^rincipal seat of justice in the western district. They recommenced their journey, in October, 1789, and passing through an ex tensive uninhabited country, reached Nashville in the same month. •ETTLEMENTS ON THE CUMBERLAND 2l> CHAPTER II. 1789. Early settlements on the Cumberland — Hardships endjrea by Jackson, in the discharge of his official duties — Escape from the Indians — His presence of mind — Adventures in the wilderness — Locales at Nashville — Fruitless attempts to intimidate him — Indian depredations — Becomes acquainted wiih Mrs. Robards — His mar- riage — A member of tlie Tennessee convention — Chosen a senator in Congress — His resignation, and appointment as a judge of the Supreme Court — Firmness and decision of character as a judge- Difficulty with Governor Sevier — Resigns his office, and devoteg himself to agricultural pursuits. 1804. At the time of the first « .sit made by Andrevv Jackson, b" tjie vj'Jaii seic ■ements 'n /r.e CumDer.ana -."yr .nclud- >nor mat at Frencr. creeK near the present sue o. Nash- viLe aimost all the settiers were resiaing in stations, and It was sceral years before it was entirely safe for them to spreaa over the country, and live in separate cabins. While the Shawanese from the north were carrying on perpetual war with the settlers in Kentucky, the Chero- kees and Choctaws from the south were wreaking their vengeance on the intruders upon their hunting-grounds in Tennessee. Twenty-two times during this period of danger and blood, did General Jackson, in the performance of his public and private duties, cross the wilderness of two hundred miles, then intervening between Jonesborough and the settlements on the Cumberland. The hardships and perils of those journeys it is difficult for travellers at the present day duly to appreciate. In addition to his rider, with a leaded rifle on his shoulder, the patient horse carried upon his back his master's blankets, provisions, and equipments. His food was the foliage of the bushes and the native grass. At a fire kindled from a tinder-box, or the flash of hia rifle, the iraveller roasted his bacon or wild meat on a stick, and cut 30 LIFE OF JACKSON. Jt with his hunter's knife, while his fingers served him instead of forks. Wrapped in his blanket, with his rifle for a bed-fellow, and his horse standing by, he slept, with no roof to protect him but the boughs of the forest. With- out a water-proof hat or India-rubber coat, he was drenched to the skin by the tailing rain. Often when he was hungry with fasting, and a dehcious pheasant, or plump deer was before him, he dared not kill it, lest the report of his rifle should give notice of his presence to a lurking savage. At one time when Jackson was traversing the wilder- ness alone, he came, after night, and amid torrents of rain, 10 a creek, the noise of whose tumbling waters, already swollen to a great depth, warned hini not to attempt cross- ing the ford. Dismounting from his horse, and turning his saddle bottom upward, at the root of a tree, he wrapped his blanket around him, and with his rifle in one hand and his bridle in the other, sat upon it, with his horse stand- ing before him, listening to the roaring stream and the pattering of the raindrops on the leaves of the forest, until the return of day enabled him to proceed. On another occasion, he was in company with three companions, on his way from Jonesborougii to the Cum- berland. They arrived, just after dark, at the east side of the Emory, where if, issues from the mountains, and dis- covered the fires of a large party of hostile Indians on thb opposite bank. The moment the discovery was made, Andrew Jackson, as if by instinct, assumed the direction of the party. He enjoined silence and instant retreat, and having retired some distance into the mountains, directed his companions to quit the road cautiously and at different points, so E.J to leave no distinct trace behind them, and to reunite, and proceed up the stream, for the purpose of crossing at some ford above and eluding the Indians. Guided by the noise of the waters, they progressed up ward among the mountains during the night, and, as soon as it was day, approached the stream. They found it too much swollen to be forded, and too rapid to be swam Still apprehensive of pursuit, they resumed their march, and about two o'clock in the afternoon reached a place where (he stream, after dashing over a rough precipice. INCIDENTS OF THE WILDERNESS. 31 spread out with a lake-like surface, broken at a short dis- tance below by another cataract. Here the party, not feel'ng safe until their trail was broken by the intervening stream, determined to altem|)t a passage. Binding logs and bushes together with hickory withes, they soon con- structed a small raft sufficient to convey three or four men, and affixed two rude oars to the bows, and one as a steer- ing-oar or rudder to the stern. It was cold, March weather, and very important to keep their clothes, blankets, and saddles, as well as their rifles and poAvder, from getting wet. To that end, it was concluded that Jackson and one of his companions should first cross with every thing but the horses, and that on a second trip, they should be swam over alongside the raft. The craft was freighted accord- ingly, and pushed off from shore ; but in an instant, an irresistible under-current seized the rude flotilla, and hurled it down the stream. For a few moments, Jackson, who was at the oars, regardless of the shouts of his companions, who followed him downward on the bank, struggled with the flood ; but, perceiving that farther etfort could only end in destruction, he reversed the direction of the raft, in the hope of reaching the shore he had left. Notwith- standing he exerted all his strength, he was unable tc bring it to land ; and although within a few feet, the suck of the cataract had already seized it. A moment more, and the raft, with its passengers, would have been dashed in pieces, when Jackson, wrenching one of his oars from its fastenings, sprung to the stern, and bracing himself there, held it out to his companions on shore, who seized it, and brought them safe to land. Being reproached for not heeding their first warnings, Jackson coolly re- plied: " A miss is as good as a mile ; you see how near 1 can graze danger. Come on, and I will save you yet." Re-equipping themselves and horses, they resumed theii march up the stream ; and after spending another night, supperless, in the woods, found a ford the next day, and, by a circuitous route, reached a log cabin on the road, about forty miles in the rear of the Indian encampment. Ai another time, he reached Bean's station, the rendeZ' • 9U6 of a party with whore he was to cross the wilderness. 32 LIFE OF JACKSON. on the evening after they had left. Determined to overtake them, he employed a guide well acquainted with Indian signs and stratagems, and travelled all night. Just before day, they came to the fires where the party had encamped the first part of the night. Following on, they soon dis* covered, by the trail in the road, that a party of Indians, about twenty-two in number, were in pursuit of their friends ahead. They hastened forward rapidly, until they approached so near the Indians that the water, which the weight of their tread had pressed out of the rotten logs, was not yet dry. The guide now refused to proceed ; but Jackson resolved to save his friends, or, at least, hazard his life in the attempt. Dividing provisions, he and his guide proceeded in opposite directions, Jackson cautiously advancing, and watching the tracks of the Indians. Al length he saw where they had turned off to the right, probably for the purpose of getting ahead of the party, and attacking them from ambush, or falling upon them in the night. The danger was imminent, and pressing on with increased speed, he overtook his friends before dark Having crossed a stream which was very deep and partly frozen over, they had halted and kindled fires, at which they were drying their clothes and baggage. Warned of their danger, they immediately resumed their march, and continued it without intermission, during the whole night and the next day. The sky was overcast with clouds, and in the evening it began to snow. While upon the route, they arrived at the log cabins of a party of hunters, and requested shelter and protection ; but, contrary to their expectations, for such churlishness was unusual among men of their class, they were rudely refused. The party were therefore compelled lo bivouac in the forest. Jackson was wearied with his fatiguing march, and as he had not closed his eyes for two nights, he wrapped him- self in his blanket, and laid down upon the ground, where he slept soundly. When he awoke in the morning, he found himself covered with six inches of snow. The party resumed their march, and reached their des tination in safety ; but they afterwards learned that the ESTABLISHES HIMSELF AT NASHVILLE. 33 hunters, who had refused them the hospitaf.ty of their cabins, had been murdered by the Indians. In the course of his frequent professional visits made from Jonesborough to the settlement on the Cumberland, the advantages of Nashville as a suitable locality in which to establish himself, attracted Jackson's notice, and he con- cluded to make it his future place of residence. It had not been his original intention to locate permanently in Tennessee. His visit was merely experimental, and his stay remained to be determined by the prospect that might be disclosed : but finding, soon after h.'s arrival, that a con- siderable opening was offered ibr the success of a young attorney, he decided to remain. To a person of refined feel- ings, the condition of things was far from encouraging. As must be the case in all newly settled countries, society was loosely formed, and united by but kw of those ties which have a tendency to enforce the performance of moral duty, and the execution of strict and impartial justice. The young men of the place, who were adventurers from dif- ferent sections of the union, had become deeply indebted to the merchants. There was but one lawyer in the country, and they had so contrived as to retain him in their business ; the consequence was, that the merchants were entirely deprived of the means of enforcing against those gentlemen the execution of their contracts. In this state of things, Jackson made Iiis appearance at Nashville, and, while the creditor class looked to it with great satis- faction, the debtors were sorely displeased. Applications were immediately made to him for his professional ser- vices, and on the morning after his arival, he issued seventy writs. To those prodigal gentlemen it was an alarming circumstance ; their former security was im- paired ; but that it might not wholly depart, they deter- mined to force him, in some way or other, to leave tb« country ; and to effect this, broils and quarrels with him were resorted to. In the state of society then existing in Tennessee, there was a grade of men who prided themselves on their courage and prowess, as mere bullies, and were always ready, like the brute beast, to decide the quest'on of bu- 2* 34 LlFfi OP JACKSON. periority, by a fight. Equals in standing, who hated, blU dared not encounter the fearless Jackson, stimulated this jlass of men to attack, in the hope of degrading, n they could not destroy him. The first man set upon him, with scarcely a pretence of provocation, was a flax-breaker of great strength and courage, whom he soon reduced tfi submission with his own winding-blades, the only weapon within his reach. His next encounter was at a court ia Sumner county, with a noted bully whom he did not know. While he was conversing with a gentleman, on business, the bully approached, and without saying a word, placed his heels on Jackson's feet. Pushing him ofT, Jackson seized a slab, and with a forward thrust upon the breast, brought him to the ground. The interference of the crowd put an end to the conflict ; but the baffled bully, snatching a stake from the fence, again approached with dreadful imprecations. At the earnest entreaty of Jackson, the crowd retired from between them. Poising his slab, he then advanced, with a firm step and steady eye, upon his antagonist, who dropped his stake at his approach, jumped over the fence, and ran into the woods. These attempts to intimidate Jackson in the perform- ance of what he conceived to be his duty to his clients, were found wholly unavailing, and were soon abandoned. His enemies were convinced by the first controversy in which they had involved him, that his decision and firm ness were such as to leave no hope of efTecting any thing -hrough this channel. Disregarding the opposition mani- fested towards him, he continued, with care and industry, to press forward in his professional course ; and his atten- :'on soon brought him forward, and introduced him to a profitable practice. The western district of North Caro- lina having been ceded to the national government, an erected into a territory, in 1790, Jackson was appointed, b^ president Washington, the United States attorney for the new judicial district, in which capacity he continued to act for several years. The depredations committed by the Indians, in the vici- nity of the Cumberland river, about this time, compelled every man, of necessity, to become a soldier. Unassisted INDIAN OEPRGOATIONS. 3A »y the government, the settlers were forced to rely, for security, on their own bravery and exertions. Although youns;, no person was more distinguished than Andrew Jackson, in defending the country against these predatory incursions of the savages, who continually harassed the frontiers, and not unfrequenlly approached the heart of the setlh'ments, which were thin, but not widely extended. Frequent expeditions were undertaken from Nashville against them, in most of which he took part. This state of things continued until 1794, when a large party, among whom was Jackson, attacked and destroyed the Indian town of Nickajak, near the Tennessee river. In these affairs, his courage and gallantry were so conspicuous, that the red warriors gave him the appellation of "Sharp Knife," and the hardy huntere who accompanied hiai were proud of his friendship and esteem. When Jackson first located himself in Nashville, he boarded, in company with the late Judge Overton, in the family of Mrs. Donelson, a widow lady who had emigrated from Virginia, first to Kentucky, and afterwards to Nash- ville. Mrs. Robards, her daughter, who afterwards be- came the wife of Jackson, was then living in the family with her mother, whom she had followed to Tennessee, on account of the ill treatment which she had received at the hands of her husband, who was dissipated in his ha- bits and of a morose and jealous disposition, while she, on the contrary, was celebrated for her gayely, sweetness, and affability. A short lime before Jackson became an inmate of the family, a reconciliation had taken place be- tweenRobards and his wife'; buta second rupture afterwards occurred, and Robards went to Kentucky. His wife soon learned that he intended to compel her to accompany him, and, in the spring of 1791, with the advice of her friends^ she determined to descend the river as far as Natchez, in company with Colonel Stark, who was then making pre- parations for the voyage. At the earnest request of Colo- nel Sidrk, Jackson piloted his fumily through the Indian country. After his return, Judge Overton communicated to him the astounding intelligence, that he was the uncon 36 LIFE OF JACKSON. scious cause of the last separation ; that it ^rose from Ro« bards' jealousy of him; and that the circumstance of his accompanying Colonel Stark, who was an elderly man, and apprehensive of danger, had been seized upon by Robards as a ground of divorce, in a petition to the Virginia legis lature. The thought that an innocent woman was suffering so unjustly on his account, made Jackson's sensitive mina most uneasy and unhappy. He immediately sought out Robards and expostulated with him, on the injustice and cruelty of his causeless suspicion ; but the interview ended in mutual defiances. At length news came that the Vir- ginia legislature had actually granted the divorce in ao cordance with Robards' petition. Forthwith Jackson has- tened to Natchez, and offered his hand and his heart to ihe innocent and amiable woman, who had been made so un- happy by false and unfounded accusations, in order that he might give the world the highest evidence in his power of her entire innocence. Although free to form a new connection, Mrs. Robards declined the proffered offer. But her suitor was not to be denied. His feelings were warmly enlisted in her favor. His attachment for her was ardent and sincere, and when he addressed her in the lansjuage of Ruth to Naomi : " Entreat me not to leave thee or to return from following after thee, for where thou goest I will go, where thou lodgest I will lodge, thy people shall be my people, and thy God my God ; where thou diest I will die, and there will I be buried," she found herself unable to resist his importunities, and they were soon after married and re- turned to Tennessee. On arriving there, it was discovered that all the necessary forms to complete the divorce in Virginia had not been finished at the time of the marriage; consequently the ceremony was again performed aftef their arrival at Nashville. The attachment thus consum- mated was a source of unfiiling pleasure to Andrew Jack- son. He was devotedly fond of his wife; r.fter her decease he cherished her memory with an almost holy reverence, and he refused the sarcophagus of the Emperor Severusi tHOSEN A SENATOR IN CONGRESS. 37 that he might r.ot be denied the privilege of Leing buried by her side.* In the year 1790, measures were taken by the people of Tennessee to form a stale government. The acknow- ledged talents, patriotism, and decision of character, ol Andrew Jackson were not to be overlooked on such an occasion, and without solicitation on his part, he was elected one of the members of the convention to frame a State constitution. His good conduct and zeal for the public interest, and ihe republican feelings and sentiments which were conspicuously manifested in the formation and arrangement of this instrument, brought him more pro- minently to view ; and, without proposing or soliciting the office, he was in the same year elected a member of the House of Representatives in Congress, for the state of Tennessee. The following year, his reputation con- tinuing to increase, and his constituents generally concur- ring in the wish to elevate him to still high 'r honors, he was chosen a senator in Conoress. and took his seat on the 22d day of November, 1797. About the middle of April, I79S, business of an important and private nature im- posed on him the necessity of asking leave of absence, and returning home. Leave was granted, and before the next session he resigned his seat. He was but little more than thirty years of age ; and nence scarcely eligible by the constitution, at the time he was elected. The sedition law, about which so much concern and feeling had been mani- fested through the country, was introduced into the senate by Mr. Lloyd, of Maryland, in June, 1798, and passed that body on the -llh of July following; hence the name of Jackson, owing to his absence from his seat, does not appear on the journals. At llie time of the passage of the alien law, and the effort to repeal the stamp act, he was present, and voted with the minority, in accordance with his well-known republican sentiments. Shortly after his resignation of the office of senator, the legislature of Tennessee, most unexpv.'ctedly to himself^ conferred upon him the appointment of judge of the Su- * See page 373. 88 LIFE OF JACKSON. preme Court, a station which he accepted \vi\h reluctance and from which he withdrew at an early day. His first court was held at Jonesborough, where an incident oc- curred, illustrative alike of the rudeness of the times and the firmness of the new judge : A man named Russell Bean was indicted for cutting ofT the ears of his infant child in a drunken Irolic. He was in ihe courtyard ; but such was his strength and ferocity, that the sherifT, not daring to approach him, made a return to the court that "Russell Bean will not be taken." Judge Jackson, with his peculiar emphasis, said that such a re- turn was an absurdity, and could not be received. " He must be taken," said the judge, " and, if necessary, you must summon the posse comitalus." The mortified, sheriff retired, and waiting until the court adjourned for dinner, summoned the judges themselves, as part of the posse. Conceiving that the object of the sheriff" was to avoid a dangerous service, under cover of the judges' re- fusal to obey the summons. Judge Jackson instantly replied, " Yes, sir, I will attend you, and see that you do your duty." Learning that Bean was armed, he requested a loaded pistol, which was put into his hand. He then said to the sheriff': "Advance and arrest him ; I will pro- tect you from harm." Bean, armed with a dirk and brace of pistols, assumed an attitude of defiance and despera- tion. But when the judge drew near, he began to retreat. "Stop and submit to the law," cried the judge. The cul- prit Slopped, threw down his pistols, and replied, "I will surrender to you, sir, but to no one else." This exem- plary firmness and decision of Judge Jackson, in main- taining the supremacy of the law, produced a happy change in the conduct of the turbulent spirits of the vi- cinity. General Jackson was distinguished throughout his whol life for a remarkable fidelity to his friends. This trait in his ciiaracter was strikingly exhibited in the progress of a serious ditficuhy between Governor Sevier and himself, wliich took place in 1803. A misunderstanding arose between Jackson and his former friend, Judge McNairy, growing out of the agency of the latter in the removal of FIRMNESS AND DECISION AS A JUDGE. 39 jeneral Robertson, one of the oldest and most respected citizens of the state, from the office of agent for tht Chicka- saw Indians. One of the consequences of that removal was, that a Mr. Searcy, who had emigrated to the country with them, and continued their steadfast friend, lost his office as clerk to the agency, on which he depended for support. Not perceiving any public reasons requiring this removal, Jackson remonstrated with McNairy on the course lie had pursued. An altercation ensued, which produced an alienation never entirely obliterated. This incident added the weight of a respectable and powerful family to the hostile interests already arrayed against him. Among others who became inimical towards him on this account, was John Sevier, governor of the slate. Sevier was very popular, and being a candidate for re- election, in 1S03, his exasperation against General Jackson was imbibed, in the course of the canvass, by the power- ful party which supported him. In East Tennessee it had arisen to a high pitch ; and while on his way to Jonesborough to hold his court, in the fall of 18D3, he was informed that a combination had been organized to mob him on his arrival. It had no effect but to increase his anxiety to reach his destination Having been sick on the road, he pushed forward while scarcely able to sit on his horse, and on his arrival at Jonesborough could not dismount without assistance. Having a high fever upon him he retired immediately to his room, and lay down upon the bed. In a short time a friend called, and in- formed him that a regiment of men, headed by Colonel Harrison, had assembled to tar and feather him, and begfred him to lock his d»or. He immediately rose, threw the door wide open, and said to his friend, "Give my compliments to Colonel Harrison, and tell him my door is open to receive him and his regiment whenever they choose to wait upon me ; and I hope the colonel's chirairy will induce him to lead his men, and not follow them." Upon the delivery of his message, the mob dispersed ; and having apologized for the inconsiderate 'iolence of hjs conduct, Harrison remained ever after on good terms with General Jackson. 40 . LIFE OF JACKSON. His next court was at Knoxville, where the legislature was then in session. They had entered into an investi- gation of certain land frauds which Jackson had done much to defeat, and there was some evidence tending to impli- cate the governor, who consequently became still more highly exasperated, and determined to revenge himself. As Judge Jackson left the court-house on the first day of his court, he found a crowd in front, in the midst of which stood Governor Sevier, with his sword in his hand, ha ranguing them in a loud voice. As Jackson advanced, the governor turned upon him ; and an altercation en- sued, in which insults were given and retorted. Being repeatedly defied by the governor to meet him in single combat, the general sent him a challenge, which was ac- cepted. But in consequence of difficulties on the part of (he challencjed party, as to the time and place of meeting, the general published him in the usual form. It was then understood, without any formal arrangement, that they would meet at a place called Southwest Point, within the Indian boundary. Thither the general repaired with a single friend. Having waited a couple of days, without seeing or hearing of the governor, he resolved to return to Knoxville, and bring the quarrel to a close. He had not proceeded a mile, however, when he saw the governor approaching, escorted by about twenty men. He had already prepared another note to the governor, setting forth his manifold grievances, and halting in the road, he sent his friend forward to deliver it. The governor re- fused to receive it. Out of patience with wiiat he con- ceived to be an aggravation of former indignities, the general resolved to end the matter on the spot. He was armed with a brace of pistols at his saddle-bow, and a cane ; the governor with a brace of pistols and a sword. Advancing slowly until within one hundred yards of the governor, he levelled his cane as ancient knights did theif spears, put spurs to his horse, and charged upon his an- tagonist. Astounded at this bold and unexpected move- ment, the governor's friends had not presence of mind ^mough to interpose ; and the governor himself, dismount- ing to a 'oid the shock, trod on the scabbard of his sword RETIRES TO PRIVATE LIFE. 41 nnd wal tendered incapable of resistance. A rally of his attendants prevented any very serious mischief. In the governor's parly were gentlemen who were f-S much the friends of General Jackson as of himself; and through their intercession, all further hostile intentions were abandoned, and the' parties rode on some miles together. On the admission of Tennessee into the union, it com- prised one military division. The death of Major-general Confitlent that supplies were at hand, the general marched with the militia, announcing that they would be ordered back if provisions should b;' met at no great dis- tance from the fort. Within ten or twelve miles they met a drove of a hundred and fifty beeves. They halted, butchered, and ate; but the courage inspired by satiety was that of mutineers. Upon receiving an order to re- turn, with the exception of a small party to convey the ick and wounded, they resolved to disobey it. One com- pany resumed its march homeward, before General Jacksun was apprised of their design. Informed of this move- ment, he hastened to a spot about a quarter of a mile ahead, where General Coffee, with a part of the staff and a few soldiers, had halted, and ordered them instantly to form across the road, and fire on the mutineers if they should attempt to pass. Rather than encounter the bold faces before them, the mutinous com[)anv' thought it expedient to return to the main body, and it was hoped that no far- ther opposition would be exhibited. Going alone for the purpose of mixing among his men, and appeasing them by argument and remonstrance, the general found a spirit of mutiny pervading the whole brigade. They had formed, and were on the point of moving off, knowing that no force was at hand powerful enough to resist them ; but they had to deal with a man who was a host in himself. He seized a musket, threw it across his horse's neck, placed himself in front of the brigade drawn up in column, and declared he would shoot the first man who took a step in advance. Struck with awe, the men gazed at him in sullen silence. In this position, General Coffee and some of the members of his staff rode up, and placed themselves at his side. The %ithful officers and soldiers, amounting to about two com- xmies, formed in his rear, under orders to fire when he did. For some minutes not a word was uttered. A mur- mur then arose among the mutineers, and at length they ignifieil their willingness to return. The matter was micably arranged, and the troops marched back to Fort Sirothei, though not in the best spirits. This incident derives additional interest from the fact, Si LIFE OF JACKSON. thai the general's left arm was not so far nealed as te enaLle him to aim a musket, and the weapon he had was too much out of order to be fired. Shortly after the battle of Talladega, the Hillabee tribes, who had been the principal sufTerer^ on that occasion, ap- plied to General Jackson for peace ; declaring their will- ingness to receive it on such terms as he might be pleased to dictate. He promptly replied, that his government had taken up arms to bring to a proper sense of duty a people to whom she had ever shown the utmost kindness, bu': who, nevertheless, had committed against her citizens the most unprovoked depredations; and that she would lay them down only when certain that this object was at- tained. " Upon those," continued he, " who are friendly I neither wish nor intend to make war; but they must afford evidences of the sincerity of their professions; the prisoners and property they have taken from us and the friendly Creeks, must be restored; the instigators of the war, and the murderers of our citizens, must be sur- rendered ; the latter must and will be made to feel th^ force of our resentment. Long shall they remember Fori Miinms, in bitterness and tears." Having communicated to General Cocke, whose divi- sion was acting in this section of the nation, the proposi tions that had been made by the Hillabee tribes, with the answer returned, and urged him to detach to Fori Strother six hundred of his men to aid in the defence of that place during his absence, and in the operations he intended to resume on his return., .Fackson proceeded to Deposit and Ditto's landing, where the most eflectual means in his power were taken for obtaining regular supplies in future. The contractors were required to furnish immediately thirty days' rations e\ Fort Strother, forty at Talladega, and as many at the junction of the Coosa and Tallapoosa two hundred packhorses and forty wagons were also put in requisition to facilitate their transportation. Understand- ing now that the whole detachment from Tennessee had been received into the service of the United States, ho persuaded himself that the difficulties pr'jviously en« r/)iinto.red would i^ot again recur, and locked forward EFFORTS TO RAISE ADDITIONAL TROOPS. 81 with sanguine expectations, to the speedy accomph'sh" merit of the objects of the expedition. But the salisfac- ion he felt, and the hopes he began to cherish, were of short continuance. rhe volunteers who had formerly been enrolled in the ex[)edition to Natchez, began to look anxiously for the lUih of December, at which time they supposed their enlistments would expire. Anticipating difficulty from this cause. General Jackson was exceedingly anxious to fill up the deficiencies iti his ranks. General Roberts was accordingly ordered to return and complete his brigade, and Colonel Carroll and Major Searcy were despatched to Tennessee, to raise volunleiTS for six months, or during the campaign. At the same time, the general wrote to several patriotic citizens of that state, urging them to con- tribute their aid and assistance. In one of his letters, he expressed himself in the following touching language, which shows how deeply his heart was enlisted in the enterprise he had undertaken to accomplish : " 1 left Tennessee with an army, brave, I believe, as any general ever commanded. 1 have seen them in bat- tle, and ni}' opinion of their bravery is not changed. But their fortitude — on this too I relied — has been too severely tested. Perhaps 1 was wrong in believing that nothing but death could conquer the spirits of brave men. I am sure 1 was ; for my men I know are brave, yet privations have rendered them discontented — that is enough. The expedition must nevertheless be prosecuted to a success- ful termination. New volunteers must be raised to con- clude what has been so auspiciously begun by the old ones. Gladly would I save these men from themselves, and insure them a harvest which they have sown ; but if they will abandon it to others, it must be so. * * * * * * So far as my exertions can contribute, the pur- poses both of the savage and his instigator shall be de- feated ; and so far as yours can, I hope — I know they will be employed. I have said enough — 1 want men, and want them immediately." Anxious to prosecute the campaign a? soon as possible, hat by employing his troops actively he might diapej 8t3 LIFE OF JACKSOX. from their minds that discontent so frequently manifested, Jackson wrote to General Cocke, early in December, earnestly desiring him to hasten to the Ten Islands, with fifteen hundred men. He assured him that the mounted men, who had returned to the settlements for subsistence, and to recruit their horses, would arrive by the J 2th of the mouth. He wished to commence his operations directly, " knowing they would be prepared for it, and well knowing they would require it. 1 am astonished," he continued, "to hear that your supplies continue deficient. In the name of God, what are the contractors doing, and about what are they engaged ? Every letter I receive from Governor Blount, assures me I am to receive plentiful supplies from them, and seems to take for granted, notwithstanding all I have said to the contrary, that they have been hitherto regularly furnished. Considering the generous loan the state has made for this purpose, and the facility of procuring bread-stuffs in East Tennessee, and the transporting them by water to Fort Deposit, it is to me wholly unaccountable that not a pound has ever arrived at that place. This evil must continue no longer — it must be remedied. I expect, therefore, and through you must require, that in twenty days they fur- nish at Deposit every necessary supply," While these preparations for the vigorous prosecution of hostilities were being made, the volunteers were con- gratulating themselves upon their anticipated discharge from the service. They had originally enlisted on the 10th of December, 1812, to serve for twelve months. A portion of this time, however, after their return from Natchez, they had not been actually engaged in service. This fact was entirely overlooked in their calculations,, and they commenced pressing their officers en the subject cf their discharge. Genera. Jackson received a letter from the colonel who commanded the second regiment, dated the 4th of De- cember, I81:{, in which was attempted to be detailed their whole ground of complaint. He began by stating, that, painful as it was, he nevertheless felt himself bound to disf.lose an imjvjrtant and unpleasant truth : that, on the DIFFICULTY WITH THE VOLUNTEERS. 83 lOlh instant, the service would be deprived of the regi- ment he commanded. He seemed lo deplore, with great sensibility, tne scene that would be exhibited on that day, should opposition be made to their departure; and still more sensibly, the consequences that would result from a disorderly abandonment of the camp. He stated that they had all considered themselves finally discharged, on the 2Uih of April, 1W13, and never knew to the contrary, until hey saw his order of the 24lh of September, 1813, requiring them to rendezvous on the 4th of October. " 'rhus situated," proceeded the colonel, " there was con- siderable opposition to the order ; on which the officers generally, as I am advised, and I know myself in par- ticular, gave it as an unequivocal opinion, that their term of service would terminate on the 1( ih of December, lbl3. They therefore look to their general, who has their confi- dence, for an honorable discharge on that day ; and that, in every respect, he will see that justice be done them. They regret that their particular situations and circum- stances require them lo leave their general, at a time when their services are important to the conunon cause. "It would be desirable," he continued, "that those men who have served with honor, should be honorably discharged, and that they should return to their families and friends without even the semblance of disgrace ; with their general they leave it to place them in that situation. They have received him as an affectionate father, while they have honored, revered, and obeyed him : but having devoted a considerable portion of their time to the service of their country, by which their domestic concerns are greatly deranged, they wish to return, and attend to their own afliiirs." Although this communication announced the determi- nalion of only a part of the volunteer brigade, the com- mander in chief had abundant evidence that the defection was but loo general. The difficulty which he had here- tofore been compelled to encounter, from the discontent of his troops, might well induce him lo regret that a spirit of insubordination should again threaten to appear in his camp. That he might prevent it, if possible, he hastened 84 LIFE OF JACKSON. to lay liefore them the error and impropriety ch their vie'A's, and the consequences involved, should they persist in their purpose. To the foregoing letter he returned a reply which, for un- shrinking firmness of resolution, and patriotic devotion to die interests of his country, was never surpassed. He declared his determination to prevent their return, at the hazard of his life, and called upon God to witness, tnat the scenes of blood which might be exhibited on the lOlh of December should not be laid to his charge. He reminded the volunteers that they had been enlisted for twelve months' actual service ; that but a portion of thai time had expired ; and that at the time of their dismissal, after their return from Natchez, a certificate was given to each man, setting forih the number of months he had served, and they were expressly told that they were liable to be aoain called out to complete the full term.. He also stated that he was ready and willing to discharge them, provided he received orders to that efl^ect from the President of the United States, or the Governor of the Slate, but otherwise they must remain with him. The letter concluded with the following remarkable words : " I cannot, must not be- lieve, that • the volunteers of Tennessee,' a name ever dear to fame, will disgrace themselves, and a country which they have honored, by abandoning her standard, as mutineers and deserters ; but should 1 be disappointed, and compelled to resign this pleasing hope, one thing 1 Vv'ill not resign — my duty. Mutiny and sedition, so long as 1 possess the power of quelling them, shall be put down ; and even when left destitute of this, 1 will still be found, in the last extremity, endeavoring to discharge the duly 1 owe mj' country and myself." To the platoon officers, who addressed him on the same subject, he rejjlied with nearly the same spirited feeling; but discontent was too dee()ly fastened, and had been loo artfully fomented, to be removed by any thing like argu- ment or entreaty. At hnglli, on the evening of the 9th of December, 1813, General Hall hastened to the tent of Jackson, with information that his whole brigade was II a Slate of mutiny, and making preparations to move SUPPRESSION OF THE MUTINY. 85 forciI)ly ofT. This was a measure which every considera- tion of poh'cy, dutjr, and honor, required Jackson lo op- pose ; and to this purpose he instantly applied all the nru'ans lie possessed. He immediatily issued the follow- iii,:?cted a landing. Alarni pervaded the city. The marching and counter- uiarching of the troops, the proximity of the enemy, wiih TWEN' V-THIRD OF DECEMBER. lOJ .)»o approaching contest, and uncertainty of thi issue, had excited a general apprehension. It was feared that the British might be already on their way, before the neces- sary arrangements could be made to oppose them. To prevent this. Colonel Havne, with two companies of rifle- men, and the Mississippi dragoons, was sent forward lo reconnoitre their camp, and learn their position and num- bers, and if they should be found advancing, to harass and oppose them at every step, until the main body should arrive. An inconsiderable circumstance at this moment evinced what unlimited confidence was reposed in Jackson's skill and bravery. As his troops were marching through the city, his ears were assailed with the screams and cries of innumerable females, who had collected on the way, and seemed to apprehend the worst of consequences. Feeling for their distresses, and anxious to quiet them, he directed Mr. Livingston, one of his aids-de-camp, to address them in the French language. " Say to iheia," said he, " not to be alarmed: the enemy shall nt-ver reach the city !" It opera'.ed like an electric shock. To know that he him- self was not apprehensive of a fatal result, inspired thom with altered feelings ; sorrow was ended, and their grief converted into hope and confidence. The ijeneral arrived in view of the enemy a little before dark. Having previously ascertained from Colonel Hayne, who had been sent in advance, their position, and that their strength was about two thousand, though it afterwards proved to be three thousand, he immediately concerted the mode of attack, and hastened to execute it. General Coffee, with his brigade. Colons 1 Hinds' dra- goons, and Captain BeaPs company of riflnnen, was di- rected to march to the left, keeping near the swamp, and, if possible, to turn the enemy's right, and drive them towards the river, where the Caroline, a schooner of war commanded by Commodore Patterson, would drop down and open upon them. The firing of the vessel was the appointed signal for a simultaneous attack on all sides. The rest of tha troops, consisting of the regulars, and Planche's city vo 'unteers, Daquin's colored troops, and the artillery UD*i» 104 LIFE OF JACKSON. Lieutenant Spolts, supported by a company of niannes '•-nmmaiided by Colonel McKee, advanced on the road along the bank of the Mississippi, and were commanded by Jackson in person. On approaching the enemy's position, their encampment was discovered, by the light of their camp-fires, to be formed with the left resting on the river, and extending into the open field. General Coffee had advanced, wit caution and silence, beyond their pickets, next the swamp and nearly reached the point to which he was ordered, when a broadside from the Caroline announced that the ba.tle had begun. Patterson had proceeded slowly, giving time, as he believed, for the execution of the arrangements contemplated on shore. So sanguine had the British been in the belief that they would be kindly received, and little opposition attempted, that the Caroline floated by the sen- tinels, and anchored before their camp, without the least molestation. On passing the front picket, she was hailed in a low tone of voice, but not returning an answer, no further question was made. This, added to some other attendant circumstances, confirmed the opinion lliat they believed her to be a vessel laden with provisions, which had been sent out from New Orleans, and was intended for them. Having reached what ajipeared, from their fires, to be the centre of their encampment, her anchors were cast, and her character and business disclosed by her guns. So unexpected an attack produced a momentary confusion ; but recovering from their surprise, the enemy answered the fire with a discharge of musketry and flight of Conyreve rockets, which passed without injury, while the grape and cannister from her guns were pouring de- struction upon them. They then extinguished their fires, by the light of which the vessel had directed her guns with remarkable precision, and retired two or three hundred yards into the open field. They were still within range of the cannon, but the darkness of the night afforded them con.siderable i)roieclion. General CoHee, having dismounted his men, and turned his horses loose, at a large ditch in the rear of Laronde's plantation, had gained, as he thought, the centre of the TWENTY-THIRD OF DECEMBER. 105 enemy's line, when the signal from the Car:/line reached nim. He dircctl)^ wheeled his column in, and forming his line parallel with the river, moved towards their camp. He had scarcely advanced more than a hundred yards, when he received a heavy fire from the enemy in his front; this was an unexpected circumstance to him, be- cause he supposed them to be lying princijially at a dis- tance, and that the only opposition he should meet, until he approached towards the levee, would be from their ad- vanced pickets. The circumstance of his coming in con- tact with them <"> soon, was owing to the severe attack ot the schooner, which had compelled the enemy to abandon their camp, and form withf)ut the reach of her deadly fire. 'I'he moon was shining, but reflected her light too feebly to discovtr objects at a distance. The onl}' means, there- fore, of producing any positive effect, with the kind of force engaged, which consisted chiefly of riflemen, was not to venture at random, but to discharge their i)ieces only when there should be a certainty of hitting the ob- ject aimed at. This order beir.g given, the line pressed on, and having gained a position near enough to distin- guish the enemy, a general fire was given; it was veil directed, and too severe and destructive to be withstood; the Brilis^h gave way and retreated; they rallied again, however, but were again attacked and forced to retire. The gallant yeomanry, led by their brave commander, pressed fearlessly on, and drove the invaders from every position they attempted to maintain. It was unnecessary for their general to encourage and allure them to deeds of valor: his own example was sufficient to excite them. Aiwiiys in their miiist, he was cool and collected. Un* mindful of danger, he continued to remind his troops that 'bey hiul often said they could fight, and now was the ime to prove it. The British, driven back by the resolute firmness and intrepidity of their assailants, reached a grove of orange trees, with a ditch running past it, jirotected by a fence on the margin, where they were halted and foriied for battle It was a favorable position, i)romising entire security, and it was occupied with a contidence that they could not he 5* 106 LIFE OF JACKSON. forced to yield it. Coffee's brave troops, strengthened .c their hopes of success, moved on, nor discovered the ad- vantages against them, until a fire from the entire Britisn hne showed their position and defence. A sudden check was giien ; but it was only momentary, forgatherino; fresh ardor, they charged across the ditch, gave a deadly and destructive fire, and compelled the enemy to retire. The retreat continued, until gaining a similar position, the British made another stand, and were again driven from it with considerable loss. Thus the battle was carried on, upon the left wing, until the British reached the bank of the river; here a deter- mined stand was made, and further encroachments resisted : for half an hour the conflict was extremely violent on both sides. The American troops could not be driven from their purpose, nor the British made to yield their ground; but at length, having suffered greatly, the latter were un- der the necessity of taking refuge behind the levee, which afforded a breastwork, and protected them from the fatal fire of our riflemen. General Cofft'e, though unacquainted with their position, for the darkness had greatly increased, contemplated another charge; but one of his officers, who had discovered the advantage their situation gave them, assured him it was too hazardous; that they could be driven no farther, and would, from the point they occu- pied, resist with the bayonet, and repel, with considerable loss, any attempt that might be made to dislodge them. The place of their retirement was covered in front by a strong bank, which had been extended into the field, to keep out the river, in consequence of the first bank hav- ing been encroached upon and undermined in several places : the latter, however, was still entire in many parts, and, interposing belween tliem and the Mississippi, it afforded security from the broadsides of the schooner which lay offal some distance. A further apprehension, lest, by moving still nearer to the river, he might greatly expose himself to the fire of the Caroline, which was yet spiritedly maintaining the conflict, induced Coffee to re- tire until he could hear from the commanding general, and receive his further orders. TWENTY-THIRD OF DECEMBER. ICH' During this time, the right wing-, under Jaclcson, had been no less prompt and active. The advance, consisting of" a delachment of artillery under Lieutenant Spoils, supported by sixty marines, moved down the road next the levee. On their left was the ^^evenlh regiment of in- fantry, led by Major Piere, The forty-fourth, commanded by Major Baker, was formed on the extreme left; while ianche's and Uaquin's battalions of city guards were di- ected to be posted in the centre, between the seventh and forty-fourth. The general had ordered Colonel Ross, (who acted in the capacity of brigadier-general,) on hearing the signal from the Caroline, to move ofT by heads of com- panies, and, on reaching the enemy's line, to deploy, and unite the lefl wing of his command with the right of Ge- neral Coffee's. This order was omitted to be executed : and the consequence was, an early introduct on of con- fusion in ihe ranks, which prevented the important design of uniting the two divisions. Instead of moving in column from the first position, the troops, with the exception of the seventh regiment, next the person of the general, which advanced agreeably to the instructions that had been given, were formed and marched in extended line. Having sufficient ground to form on at first, no inconvenience was at the moment sus- tained ; but this advantage presently failing, the centre became compressed, and was furced in the rear. The river gradually inclined to the left from the place where they were formed, and diminished the space originally pos- sessed. Farther in, stood Laronde's house, surrounded by a grove of clustered orange-trees : this pressing the left, and the river the right wing, to the centre, formed a curve, which presently threw the principal part of Planche's and Daquin's battalions without the line. This inconvenience might have been remedied, but for the briskness of the advance, and the darkness of the night. A heavy fire from behind a fence, immediately bel'ore them, brought the t>nemy to view. Acting in obedience to their c rders, not to waste their ammunition at random, jur troops pressed forward against the opposition in iheix front, and thereby threw those battalions in the rear 109 LIFE OF JACKSON. A fog risins; from the river, and mingling- with the smoke from the guns, covered the plain, and gradually diminished the little light shed by the moon, at the same time greatly increasing the darkness of the night: no clue was left, therefore, to ascertain how or where the enemy were situated. I'here was no alternative but to move od in the direction of their fire, which subjected the assail- ants to material disadvantages. The British, driven frorp their first position, had retired and occupied another, be hind a deep ditch that ran out of the Mississippi towards the swamp, on the margin of which was a wood-railed fence. Here, strengthened by increased numbers, they again opposed the advance of our troops. Having wailed until they had approached sufficiently near their fastnesses to be discovered, they discharged a fire upon the advancing army. Instantly the American battery was formed, and began to play briskly upon thrm ; while the infantry, press- ing forward, aided in the conflict, which at this point was for some time spiritedly maintained. At this moment a brisk sally was made upon our advance, when the marines, unequal to the assault, were already giving way. The adjutant-general, and Colonels Piatt and Chotard, hasten- ing to their support, with a part of the seventh, drove the enemy, and saved the artillery from capture. General Jackson, perceiving the decided advantages which were derived from the position they occupied, ordered their line to be charged. It was obeyed with cheerfulness, and executed with promptness. Pressing on, our troops gained the ditch, and pouring across it a well-aimed fire, compelled them to retreat, and to abandon their intrench- ment. The plain on which they were contending was cut to pieces by races from the river, to convey the water to the swamp. The enemy were therefore very soon ena- bled to occupy another position, equally favourable with the one whence they had been just driven, where they formed for battle, and for some time gallantly maintained themselves; but they were at length, after a stubborn resistance, forced to yield their ground. Th(* enemy discovering the firm and obstinate advance nado by the right wing of the American army, and pra TWENTY-THIRD OF DECEMBER. 100 Buming, perhaps, that its principal stren^tli was pouted on the road, furuied the intention of attackiiirr the left. Ob- li«|uing for this ptir|)ose, an aiieinpt was made to turn it. At this moment, Daqiiin's battalion and the city ^Tuards, being marched up and formed on the left of tlie forty fourth regiment, met and re|)ulsed them. The nature of the contest prevented securing those benefits which might have been derived from the artil- lery. The darkness of the night was such, that the blaze, of the enemy's musketry was the only light afforded by which to determine their position, or be capable of taking that of the Americans to advantage; yet, notwithstanding, it greativ ann(jyed them, whenever it could be brought to bear. Directed by Lieutenant Spotls, a vigilant and skilful officer, with men to aid him who looked to nothing but a zealous discharge of their duty, the most essential and important services were rendered. The enemy had been thrice assailed and beaten, and compelled to retreat for nearly a mile. They had now retired, and if found, were to be sought for amid the dark- ness of the night. The general, therefore, determined to halt, and ascertain ColTee's position and success, before proceeding farther, for as yi't no communication had passed between them. He entertained no doubt, from the brisk firing in that direction, that he had been warmly engaged ; but this had now nearly subsided : the Caro- line, too, had almost ceased her operations ; it being only occasionally that the noise of her guns disclosed the little opportunity she possessed of acting efficiently. The express despatched to General Jackson from the left wing, having reached him, he detennini'd not to pro- secute the successes he had gained. The darkness of the *}ight, the confusion into wliich his own division had been hrown, and a similar disaster produced in Coffee's ranks, all pointed to the necessity of retiring from the field, and abandoning the contest for the time. The bravery and firmness already displayed by his troops, had impressed him with the belief, that by pusiiing forward he might capture the whole British army : at any rate, he coo- sidered it but a game of yeuture and hazard, which, U 110 LIFE OF JACKSON. unsuccessful, could not occasion his own defeat. If in competent to its execution, and superior numbers or su- perior discipline should compel him to retire in his turn, he well knew that the enemy would not have temerity enough to attempt pursuit, on account of the extreme darkness, and their ignorance of the situation of the coun- try. But on the arrival of the express from General Cof- fee, and having been informed of the strength of th position to which the enemy had retired, and that a par of the left wing had been detached, and were in all pro- bability captured, he determined to retire from the field. General Coffee was accordingly directed to withdraw, and take up his position at Laronde's plantation, where the line had been first formed ; the troops on the right were also ordered to ihe same point. The last charge made by the left wing had separated Colonel Dyer from the main body, with two hundred men, and Captain Bial's company of riflemen. What might be their fate, whether they were captured or had effected th'-ir retreat, was, at this time, altogether uncertain. Colonel Dyer, who commanded the extreme left, oil clearing the grove, after the enemy had retired, was marching in ihe direction in which he expected to find General CoHi^e ; he very soon discovered a force in front, and halting his men, hastened towards it ; arriving within a short distance, he was haihd, ordered to stop, and report to whom he belonged ; Dyer, and Gibson, his lieutenant- colonel, who had accompanied him, advanced and stated that they were of Coffee's brigade ; by this time, they had nearly reached the line, and perceiving that the name of the brigade they had slated was not understood, their ap- prehensions were awaken( d, lest it might be a detachment of the enemy ; in this opinion they were immediately con- firmed, and having wheeled about to return, they wertj fired on and pursued. Gibson had scarcely started, when he fell ; before he could recover, a soldier, (jaicker than the reat, had reached him, and pinned hia to the ground with his bayonet; fortunately he was but slightly wound- ed and only held by his c.othes; thus pinioned, and per- ceiving others to be briskly advancing, bat a moment was ADVENTURE OF COLONEL DYER. Ill left for deliberation ; making a violent exertion, and spring- ing to his feet, he threw his assailant to the ground, and made good his escape. Colonel Dyer had retreated abuut fifty yards, when his horse drop|)ed dead. Being en- tangled in the fall, and receiving a wound in the thigh, there was little prospect of relief, for the enemy were briskly advancing. He therefore ordered his men, who were close at hand, to advance and fire, which checked be approach of the enemy, and enabled him to escape. Having thus discovered an enemy in a direction he had not expected, and uncertain how or where he might find General Coffee, he determined to seek him to the right, and moving on with his little band, forced his way through the enemy's lines, with the loss of sixty-three of his men, who were killed and taken. Captain Beal, with equal bravery, charged through their ranks, carrying ofl' some prisoners, and losing several of his own company. This body of the enemy proved to be a reinforcement which had arrived from Bayou Bienvenu after night. The boats that landed the first detachment had proceeded back to the shipping, and having returned, were on their way up the Bayou, when they heard the guns of th'i Caroline : moving hastily on to the assistance of tho<"e who had debarked before them, they reached the sho"e, and knowing nothing of the situation of the two armies, during the engagement, advanced in the rear of Gene-al Cotfce's brigade. Coming in contact with Colonel Dy-ii and Captain Beal, they filed off to the left, and reached the British lines. This detached part of Coffee's brigade, unable to unite with or find him, retired to the place where they had first formed, and joined Colonel Hinds' dragoons, who had re- maioed on the ground that they might cover the retreat of the troops if it became necessary. Jackson went into this battle confident of success ; and his arrangements were such as would have insured it even to a much greater extent, but for the in lervention of circum- stances that were not and could not have been foreseen. The Caroline gave her signals, and commenced the battle little loo early, before Coffee had reached and taken his 112 LIFE OF JACKSON, posit on, and before every thing was fully in readiness tu attain the objects desired ; but it was chiefly dwing to the confusion in ihe ranks at first which checked the rapidity of Jackson's advance, gave the enemy time for prepura tion, and prevented his division from uniting with the right wing of General Coffee's brigade. Colonel Hinds, and his dragoons, were not brought into action during the night. Interspersed as the plain was with innumerable ditches, diverging in different directions it was impossible that cavalry could act to any kind of ad- vantage. After the battle was over, they were formed in advance to watch the movements of the enemy until morning. From the expenment just made, Jackson believed it would be in his power to capture the British army; he concluded, therefore, to order General Carroll, with his division, down to his assistance, and to attack them again at the dawn of day. Directing Governor Claiborne to remain at his post, with the Louisiana militia, for the defence of the Gentiliy road, an important pass to the city, he despatched an express to Carroll, stating to him, that if there had been no appearance of a force during the night, in the direction of Chef Menteur, to hasten and join him wiih the troops under his command; this order was executed by one o'clock in the morning. Previous- ly, however, to his arrival, a different determination was made. It was ascertained from prisoners who had been brought in, and through deserters, that the strength of the enemy during the battle was four thousand, and, with the reinforcements which had reached them after its com- mencement, and during the action, their force could not be less than six ; at any rate, it would greatly exceed that of the Americans, even with the addition of the Tennessee division. Although very decided advantages had been obiained, yet they had been procured under circumstances that might be wholly lost in a contest waged in open day, between forces so disproportionate, and by undisciplined troops against veteran soldiers. Jackson well knew ii was incumbent upon him to act a part entirely defensive: should the attempt to gain and destroy the city succeed, KFrECr OF This BATTLE. IIS numerous difficulties would present themselves, which ui'ght b« avoided so loiifir as h»i could hold the enemy in check, and fnil their desi!.ms, Being firtnly persuaded that it was important to pursue a cdursc calculated to insure safety, and believing it at- tainaljle in no way so effectually as in occupying some point, and by the strength he might give it compensate ibr the inferiority of his numbers and their want of dis- cipline. Jackson determined to make no further offen- sive efforts until he could more certainly discover the views of the enemy, and until the Kentucky trcjops, which had not yet arrived, should reach him. In pursuance of this idea, after having ordered Colonel Hinds to occupy the ground he was then abandoning, and to observe the enemy closely, he fell back in the morning, and formed his line behind a deep ditch that extended to the swamp, at right angles from the river. There were two circum- stances strongly recommending the importance of this place: — the swamp, which, from the highlands at Baton Rouge, skirted the river at irregular distances, and in many places was almost impervious, at this point ap- proached within four hundred yards of the Mississippi, and hence, t'rom the narrowness of the pass, was more easily to be defended ; in addition to this, there was a deep canal, the dirt from which having been thrown on the upper side, already formed a tolerable work of defence. Behind this his troops were formed, and proper measures ado[ 120 LIFE OF JACKSON. The enemy still remained at their first encampment ; but that every thing might be in readiness to repel an assault, when attempted, the most active preparations were made in the American camp. The canal covering the front of the line was deepened and widened, and a strong mud wall formed of the earth that had been originally thrown out. To prevent any approach until his system of defence should be in a state of greater forwardness, Jackson ordered the levee to be cut about a hundred yards below the point he had occupied. The river being very high, a broad stream of water passed rapidly through the plain, and covered it to the depth of thirty or forty inches which prevented the march of troops on foot. Embra- sures were formed, and two pieces of artillery, under the command of Lieutenant Spotts, were placed in a position to rake the road leading up the levee, early on the morn ing of the '24th of December. General Jackson was under the constant apprehension lest, in spite of his exertions below, the city might be reached and destroyed through some oiher route. His fears were increased on the 24th, by a report that a strong force had arrived; debarked at the head of Lake Borgne; and compelled an abandonment of the defence at Chef Menteur. This, however, proved to be unfounded : the enemy had not appeared in that direction, nor had the officer to whom the command of this important fort was intrusted, forgotten his duty or forsaken his post. Acting upon the statement that Major Lacoste had retired from the fort, and fallen back on Bayou St. John, and incensed that orders, which, from their importance, should have been faithfully executed, had been thus lightly regarded, Jackson hastentd to inform him what he had understood, and to forbid his leaving his position. "The battery I have placed undrr your command," said the general^ " must be defended at all hazards. In you, and the valor of your troops, 1 n-pose every confidence — let me not be deceive i. With us every thing goes on well ; the enemy has not yet advanced. Our troops have covered them- selves with glory: it is a noble example, and worthy to De iollowed by all. Maintain your post, nor ever think ORDKRS TO MAJOR LACOSTi:. 121 of retreatii p." To give additional strength to a placa deemed so iiiij)ortarit. and to inspire confidence and insure safety, Colonel Dyer, with two luindrt'd men, was ordered there, to assist in its defence, and act as v. lettes, in ad- vance of the occupied points. General Morgan, who commanded the fort on the east bank of the river, was instructed to proceed as near the enemy's camp as prudence and safety would permit, and by destroying the levee, to let in the waters of the Missis- sippi between them. The execution of this order, and a similar one previously made below the line of defence, entirely insulated the enemy, and prevented his march against either place. On the Snth, the commanding ge- neral, fearing for the situation of Morgan, who, as the British occupied the intermediate ground, was entirely detached from his camp, directed him to abandon the post, carry off such of the cannon as might be wanted, and throw the remainder into the river, where they could be again recovered wlien the waters receded ; and after domg this, to retire across the river, and assume a position oa the right bank, nearly opposite to his line, and fortify it. This movement was rendered necessary by the relative disposition of the two armies. From the intelligence obtained through deserters and prisoners, it was evident that the British fleet would make an eflbrt to ascend the river, and cooperate with the troops already landed. Lest this, or a diversion in a different quarter, might be attempted, exertions were made to offer resistance at all points, and to interpose such defences on the Mississippi as might secure protection. The forts on the river, being well sui)ported with brave men and heavy pieces of artillery, might, it was thought, have the effect to deter their shipping from venturing in that direction, and dispose them to seek some safer route, if any could be discovered. Pass Barrataria was best calculated for liis purpose, and it was expected that the effort would, in all probability, be made in that quarter. The difficulty of ascending the Mississippi, from the rapidity of the cur- rent, its winding course, and the ampb protection already given at for s St. Philip and Bourbon, were c.rcumstancea 122 LIFE OF JACKSON. to which the British were not strangers : nor was it to be expected that, with a knowledge of them, ihey would venture the success of an enterprise on whii h so much depended. It was a more rational conjectur? that they would seek a passage through Earrataria, proceed up on the right bank of the river, and gain a position from which, by co-operaiing with the forces on the east side, they might drive the Americans from the line they had formed, and succeed in the accomplishment of their designs. Major Reynolds was accordingly ordered thither, with instruc- tions to place the bayous emptying through this pass in the best possible state of defence — to occupy and strength- en the island — to mount sufficient ordnance, and draw a chain within cannon-shot across the channel. Lafilte, who had previously been promised a pardon for the out- rages committed against the laws of the United States, and who had alread}^ shown a lively zeal on behalf of his adopted country, was also despatched with Reynolds. He was selected, because no doubt was entertained of his fidelity, and because his knowledge of the topography and precise situation of this section of the state was remark- ably correct : it was the point where he had constantly rendezvoused, while cruising against the merchant vessels of Spain, under a commission obtained at Carthagena, and where he had become perfectly acquainted with every inlet and entrance to the gulf, through which a passage could be efi'ected. With these arrangements, all being anxiously ahve to the interests of the country, and disposed to protect it, there was little room to apprehend or fear disaster. To use the general's own expression on another occasion : " the surest defence, and one which seldom failed of success, was a ramjiart of high-minded and brave men." That there were some of this description with him, on whom he could safely rely in moments of extreme peril, he well knew; but thai there were many strangers to him and to danger, who had never been called to act in situations whejT) the horrors of the field of battle aj)pal and unnerve even the most resolute, was equally certain ; whethei ihey would support the cause m which they had em MOVKMENTS OF THK nRllISH. V2S b,»/ii-»»4. UMth manly firmnes?, and roalizo lii's anxious wisnt-s on ihe subject, could be known only in the hour of con diet and trial. As yei, the enemy were not informed of the position of Jackson. What was his situation — what was intended — whether offensive or defensive operations would be pur- sued, were matters in regard to which they possessed no correct knowledge, nor could it be obtained ; still their exertions were unremitting to have all things prepared, and in readiness to urge their designs, whenever the mo- ment for action should arrive. They had been constantly engaged since their landing, in procuring from their ship- ping every thing necessary to ulterior operations. A com pleie command on the lakes, and possession of a point on the ma'-gin, presented an uninterrupted ingn-ss and egress, and affb.'ded the opportunity of conveying whatever was wanted, in perfect safety, to their camp. The height of the Mississippi, and the discharge of water through the openings made in the levee, had given an increased depth to the canal, from which they had first debarked ; they were enabled to advance their boats much farther in the direction of their encampment, and to bring up, with greater conveiience, their artillery, bombs, and munitions. They were tl us engaged during the first three days after their arrival, t. nd early on the morning of the 27th a bat- tery was disco\ red on the bank of the river, which had been erected du ng the preceding night, and on which were mounted se eral pieces of heavy ordnance ; from this position a fire was opened on the Caroline schooner, lying under the opposite shore. After the battle of the 2:W, in which this vessel ren- dered such effectual assistance, she passed to the opposite side of the river, where she had since lain. Her services were too highly appreciated not to be again desired, should (he enemy endeavor to advance. Her present situation was c. nsidered an unsafe one, but several vain attempts had bt^n made to advance her higher up the stream. No favorab.'e breeze had yet arisen to aid her in stemming the current ; and towing, and other remedies, had been already vesorted to. but without success. Her safety might 12^1 LIKE OF JACKSON. have l-een ensured by floating her down the river, and placing her under cover of the guns of the fort; but it was preferred, as a matter of policy, to risk her where she was. Commodore Patterson left her on the 26th, by the order of the commanding general, when Cajitain Henly made a further but ineffectual effort to force her up the current, near to the line, for the double purpose of its de- fence and for her own safety. This attempt being discovered at daylight on the morn- ing of the 27th, a battery, mounting five guns, opened upon her, discharging bombs and red-hot sliot ; it was spiritedly answered, but without affecting the battery; there being but a long twelve-pounder that was of service. The second fire lodged a hot shot in the hold, directly under her cables, whence it could not be remo' ed, and where it immediately communicated fire to the schooner. The shot from the battery were constantly taking effect, firing her in different places, and otherwise producing material injury ; while the blaze, already kindled undei her cables, was rapidly extending its ravages. A well grounded apprehension of her commander, that she could be no longer defended, — the flames bursting forth in dif- ferent parts, and fast increasing — induced a fear lest the magazine should be soon reached, and ev .>ry thing de- stroyed. One of his crew being killed, ar l six wounded, and not a glimmering of hope entertain' i that she could be preserved, orders were given to p andon her. The crew reached the shore in safety, and in a short time after- wards she blew up. Although thus unexpectedly deprived of so material a dependrnce for successful defence, an o])portunity was eoon pr(.'sented of using her brave crew to advantage. Gathering confidence from what had just been effected, the enemj?^ left their encampment, and moved in the direc- tion of the American line. Their numbers had been in- creased, and Major-General Sir Edward Packenhan now commanded in person. Early on the 2Sth, his columns com- menced their advance to storm the works. At the distance of half a mile, their heavy artillery opened, and quantities of boni} s. balls, and Congreve rockets were discharged. Il ATTACK ON THE TWENTY-EIGHTH. 135 j»as a scene of terror and alarm, which they had prolably calculated would excite a [janic in the minds of the raw troops of our army, and compel them to surrender at dis- cretion, or abandon their strong-hold. But our soldiers had aflbrded abundant proof, that, whether disciplined or not, tliey well knew how to defend the honor and interests of their country ; and had sufficient valor not to be alarmed at the nalily — still less at the semblance of danger. Far from exciting their apprehensions, and driving them from their ground, their firmness remained unchanged ; and they still manifested a determination not to tarnish a re- putation they had hardly earned, and which had become too dear, from the difficulties atid dangers they had passed to acquire it, to be lamely surrendered. The Congreve rockets, though an instrument of destruction to which the American troops had been hitherto strangers, excited no other feeling than that which novelty inspires. At the moment, therefore, that the British, in difTerenl co- lumns, were moving up, in all the pomp and parade of battle, preceded by the insignia of terror more than dan- ger, and expecting to behold their "Yankee foes" retire and flee before them, the batteries opened, and checked their advance. In addition to the two pieces of cannon mounted on the works on the 2Jth, three others, of heavy calibre, obtained from the navy department, had been formed along the line ; these opening on the enemy, checked their progress, and disclosed to them the hazard of their project. Lieutenants Crav/ley and Norris volunteered, and with the crew of the Caroline rendered important services, and maintained at the guns they commanded that firmness and decision for which, on previous occasions, they had been so highly distinguished. They had been selected by the general because of their superior knowledge in gunnery ; f nd on this occasion gave a further evidence of their skill and judgment, and of a disposition to act in an)^ situation where they could be serviceable. The line, which, from the labors bestowed on it, was daily strengthening, wag not yet in a situation to oficr effectual resistance; this de« 126 LIFE Of JACKSOX. ficiency, however, was remedied by the brave men whc were formed in its rear. The greatest injury was effected from the river. Lieu- tenant Thompson, who commanded the Louisiana sloop, which lay nearly opposite the line of defence, no looner discovered the columns approaching, than, warping her around, he brought her starboard guns to bear, and pro- duced such an effect as forced them to retreat; but from their heavy artillery, the enemy maintained the conflict with great spirit, constantly discharging their bombs and rockets for seven hours, when, unable to make a breach, or silence the fire from the sloop, they abandoned a contest where few advantages seemed to be presented. The crew of this vessel was composed of new recruits, and of discordant materials — of soldiers, citizens, and seamen ; yet, by the activity of their commander, they were so well perfected in their duty, that they already managed their guns with the greatest precision and certainty of effect; and by three o'clock in the evening, with the aid of the land batteries, had completely silenced and driven back the enemy. Emboldened by the etiect produced the day before, on the Caroline, the furnaces of the enemy M'ere put in operation, and numbers of hot shot thrown from a heavy piece which was placed behind and pro- tected by the levee. An attempt was now made to carry it off, when their former protection being taken away, those in the direction of it were fairly exposed to the Ame- rican fire, and suffered greatly. In their endeavors to re- move it, "I saw," says Commodore Patterson, "distinct- ly, with the aid of a glass, several balls strike in the midst of the men who were employed in dragging it away." In this engagement little or no injury was received. The Louisiana sloop, against which the most violent exertions vi-ere made, had but a single man wounded, by the fragments of a shell which burst over her deck. Her entire loss did not exceed nine killed, and eight or ton wounded. The enemy bring more exposed, acting in the open field, and in range of her guns, suffered, from information aftei*- wnrls procured, considerable injury ; at least one hundrti>4 and Wl'MIV v\ere killed and wounded. DEATH OF COLONEL HENDERSON. 127 Among the Amerirans killed was Colonel Jar.ies T/cn- derson, of the Tennessee militia. An advance parly of the British had taken post, duringthe action, behind a fence that ran obh'quely to, and not very remote from our line. Hen- derson, with a detachment of two hundred men, was sent out by General Carroll to drive them from a position whence ihey \i;ere effecting .some injury, and greatly annoying his troops. Had he advanced in the manner directed, he would have been less ex[)Osed, and enabled more eflec- lually to have secured the object intended : but misunder- standing the order, he proceeded in a different route, and tell a victim to his error. Instead of marching in the di- rection of the wood, and turning the enem}', which might have cut off their retreat, he proceeded in front, towards the river, leaving them in rear of the fence, and himself and his detachment open and exposed. His mistake be ing perceived from the line, he was called by the adjutan* general, and directed to return ; but the noise of the wh ter, through which they were wading, prevented an\ communication. Having reached a knoll of dry ground, he formed, and attempted the execution of his order; bui soon fell from a wound in the head. Deprived of thei: commander, and perceiving their situation hazardous ai'.i untenable, the detachment retreated to the line, with the loss of their colonel and five men. While this advance was made, a column of the enem\ was threatening an attack on the extreme left. To frustratr the attempt. General Coffee was ordered with his rifleme; to hasten through the woods and check their approach The enemy, although greatly superior to him in numbers no sooner discovered his movement, than they retired, and abandoned the attack they had previously meditated. The evident disaffection in New Orleans, and the pre- cnce of an enemy in front, were circumstances well cal- dilated to excite unpleasant forebodings. General Jackson believed it necessary and essential to his security, while contending with avowed foes, not to be wholly inattentive to dangers lurking at home ;,but, by guarding vigilantly. to be able to suppress any treasonable purpose the morneru it fel -)uld be developed, and bcfcre it should have ti.i e Ir 128 LrfE OF JACKSON. mature. Previously, therefore, to departing from the city, on the evening of the 2i3d, he hrd ordered Major Bullei, nis aid, to remain with the gu^ras, and be careful thai. ^othing transpired in his absence calculated to operate in- ^iriousl_v. His fears that there we^e many of the inha- 'tants who felt no attachment to the government, and would not scruple to surrender it whenever it should be- come necessary to their interest, has been already noticed. Subsequent circumstances evinced that there was no mis- take in this belief, and showed that to his assiduity and energy it is to be ascribed that the country was protected and saved. It is a fact, which was disclosed on making an exchange of prisoners, that, despite all the efforts made to prevent it, the enemy were daily and constantly apprised of every thing th.it transpired in the camp. Every arrangement, and every change of position, was immediately communicated. On the day subsequent to a contest on the lakes on the 14th of December, Mr. Shields, a purser in the navy, was despatched with a flag, to Cat island, accompanied by Dr. Murrell, for the purpose of alleviating the sit'iation of the wounded, and to effect a negotiation, by whicn iijr«y she j id be liberated on parol. We are not aware inat such an application militated against the usages and customs of war: if not, the flag of truce should have been respected ; nor ought its bearer to have been detained as a prisoner. Admiral Cochra le pretended to be fearful that it was a trick designed t> ascertain his strength and situation, but this was very far from presenting any sufficient excuse for so wan'.on an outrage on propriety and the rules of war. If, indeed, such a result was apprehended, could not the messengers have been met at a distance from the fleet, and ordered back without a near approach ? Had this been done, no information could have been gained, and the object de- signed to be secured by the detention would have been answered, without infringing that amicable intercourse between contending armies, which, when violated or dis- regarded, opens a door to brutal and savage warfare. When it was found in the American camp, that they diJ not return, the cause of it was at once correctly divined "ne of the members of the legislature. ^n order was forthwith issued by the general for his ;n^ 160 LIFE OF JACKSON. mediate arrest. An application was made to Judge Hali Uir a writ of habeas corpus, which was granted. As haa been heretofore mentioned, the judge himself was at once arrested by command of Jackson, for interfering with his authority. At this time, the order proclaiming martial law had not been countermanded, in consequence of the proxi- mity of the British army, and if the general had allowed one act of opposition to his authority to pass unnoticed, others might have followed in its train, which would have produced the most serious consequences. The British forces retired to their shipping and took final leave of Louisiana, on the 18th of January, and early in the month of February the intelligence arrived, that a treaty of peace between Great Britain and the United States had been signed by the commissioners of the two governments, at Ghent, on the 24th of December previous. The cessation of hostilities was soon after officially an- nounced. The appearance of the order releasing the city from the restraints of martial law, was followed by a rule of court granted by Judge Hall, commanding General Jackson to appear and show cause why an attachment •jhould not issue against him for contempt, in refusing to obey a writ, and imprisoning the organ of the law. He did not hesitate to appear and submit a full and able an- swer justifying his proceedings. After argument before vhe court, the rule was made absolute ; an attachment was jued out, and Jackson brought up to answer interrogatories. The proceedings were obviously unjust, but he preferred, like a good citizen, to submit quietly to the law. He therefore declined answering questions, and asked for the sentence, which the judge, who was exceedingly inimical towards him, then proceeded to pass. It was a fine of one thousand dollars. The spectators who crowded the hall evinced the strongest indignation. On entering his carriage, it was seized by the people and drawn to the cofl^ee-house where he was residing. When he reached his head quar- ters, he put the amount of the fine into the hands of one of his aids, and caused it to be discharged without delay. He had scarcely anticipated the intentions of the citizens, as the full sum was raised among them by contribution. i FAREWELL ADDRESS TO HIS TROOPS. Wi m a few moments. Jackson refused to accept the mo- ney, and al his request it was appropriated to a chaiilable mstitution. He enjoyed the consciousness that the powers which the exigency of the times forced him to assume, had been exercised exclusively for the pubHc good, and were absolutely essential to the safety of the country. In addi> lion to this, he was gratefully remembered by the people for whom he had sacrificed his ease and comfort, and endured so many hardships. In lb21, the corporation of New Orleans voted fifty thousand dollars for erecting a marble statue designed to commemorate his important military services ; and the same body also gave one thou- sand dollars for his portrait painted by Mr. Earle. At the session of the United States Congress in lJ!i44-5, compleli> though tardy justice was meted out to Jackson, by the pas- sage of a law in effect approving of his conduct, and niak ing provision for the restitution of the fine, with interest. Notwithstanding the cessation of hostilities, General Jackson remained at New Orleans, with the troops under his command, until the month of March, at which time he was relieved by General Gaines. On taking leave of the brave volunteers who had cheerfully followed him through so many difficulties and dangers, previous to their final discharge, he issued the following address, thanking them for their fidelity to the country, and expressing h's sincere wishes for their future happiness and prosperity " The major-general is at length enabled to perform the pleasing task of restoring to Tennessee, Kentucky, Louisi- ana, and the territory of the Mississippi, the brave troops who have acted such a distinguished part in the war which has just terminated. In restoring these brave men to thei homes, much exertion is expected of, and great responsi bility imposed on, the commanding officers of the differerl corps. It is required of Major-generals Carroll and Thomas, and Brigadier-general CofTee. to march their commands, without unnecessary delay, to their respective states. The troops from the Mississippi territory, and state of Louisi- ana, both militia and volunteers, will be immediately mus- tered out of service, paid, and discharged. 162 LIFE OF JACKSON. "The major-general has the satisfaction of announcing the approbation of the President of the United States to the conduct of the troops under his command, expressed in flattering terms, through the honorable the secretary of war " In parting with those brave men, whose destinies have been so long united with his own, and in whose labors and glories it is his happiness and his boast to have parti* cipated, the commanding general can neither suppress his feelings, nor give utterance to them as he ought. In what terms can he bestow suitable praise on merit so extraor- dinary, so unparalleled ? Let him, in one burst of joy, gratitude, and exultation, exclaim — ' These are the saviors of their country — these the patriot soldiers, who triumphed over the invincibles of Wellington, and conquered the conquerors of Europe !' With what patience did you submit to privations — with what fortitude did you endure fatigue — what valor did you display in the day of battle ! You have secured to America a proud name among the nations ot the earth — a glory which will never perish. "Possessing those dispositions which equally adorn the citizen and the soldier, the expectations of your country will be met in peace, as her wishes have been gratified in war. Go, tht-n, my brave companions, to your homes; to those tender connections, and blissful scenes, which render life so dear — full of honor, and crowned with laurels which will never fade. When participating, in the bosoms of your families, the enjoyment of peaceful life, with what happiness will you not iouk back to the toils you have borne — to the dangers you have encountered ? How will all your past exposures be converted into sources of inex p'-essible delight ! Who, luat never experienced your jufTerings, will be able to appreciate your joys? The man who slumbered ingloriuusly at home, during your painful marches, your nights of watchfulness, and your days ot toil, will envy you the happiness which these re- collections will afford — still moie will he envy the gratitude of that country, which you hare so eminently contributed to save. "Continue, fellow-soldiers, on your passage to your 8e« eral destinations, to preserve that subordination, thai RETURN HOME 163 dignified and manly deportment, which have so ennobled your character. "While the commanding general is thus giving indiilg- ?nce to his feelings towards those bravo companions who iccompanied him through difficulties and danger, he can- not permit the names of Blount, and Shelby, and Holmes, ,0 pass unnoticed, AVith what generous ardor and pa- triotis'.n have these distinguished governors contributed all their exertions to provide the means of victor}' ! The recollection of their exertions, and of the success which has resulted, w'lW be to them a reward more grateful than any which the pomp of title or the splendor of wealth can bestow, " What happiness it is to the commanding general, that, while danger was before him, he was, on no occasion, compelled to use towards his companions in arms either severity or rebuke ! If, after the enemy had retired, im- proper passions began their empire in a few unworthy bosoms, and rendered a resort to energetic measures ne- cessary for their suppression, he has not confounded the innocent with the guilty — the seduced with the seducers. Towards you, fellow-soldiers, the most cheering recollec- tions exist; blended, alas ! with regret, that disease and war should have ravished from us so many worthy com- panions. But the memory of the cause in which they perished, and of the virtues which animated them while hving, must occupy the place where sorrow would claim to dwell. " Farewell, fellow-soldiers. The expression of your ge- neral's thanks is feeble, but the gratitude of a country of freemen is yours — yours the applause of an admiring world. "Andrkw Jackson, " Major-general commanding.^' On his route to Nashville, General Jacks-^n saw, on every side, the certain evidences of exultation and delight The reputation he had acquired during his campaigns in he Creek country, had extended from one section of the union to the other. All were familiar with the prorapt- ^ss and decision, the active intrepidity, and unyielding 164 LIFE OF JACKSON., firmness, ha had evinced in his different engagements and marches through the Indian territory of the Hickory Ground, and in allusion to which the appellation of "Old Hickory" had been bestowed upon him ; and the brilliant victory won at New Orleans threw the country into a complete fever of joy. For two years afterwards, General Jackson, though stil retaining his rank in the army, remained at home engaged in cultivating his farm, and busily occupied with rural pleasures and labors. In the winter of 1817, the hostile Creeks, or Seminoles, who had been driven into Florida, in connection with runaway negroes from the adjoining states, began to execute schemes of robbery and vengeance against the Americans living near the frontiers. Repre- sentations in regard to these outrages had been made to the American government, and General Gaines, the acting commander of the southern district, was ordered, in the summer of 1817, to occupy a position near the borders, with a considerable force, for the protection of the citizens. He was at first directed to keep within the territorial limits of the United States, and not to cross the Florida line ; but to demand of the Indians the perpetrators of the crimes whicli had been committed, avoiding, if possible, a general rupture with the deluded savages. General Gaines made the demand, in conformity with his orders. The savages, however, being deceived by the representa- tions of certain foreign incendiaries and traders, who taught them to believe that they would receive assistance and encouragement from the British, not only refused to give up the murderers, but repeated their barbarities when- ever an opportunity offered. Whilst matters remained in this condition, the intelligence was received that Lieuten- ant Scott, one of General Gaines' officers, with forty-seven persons, men, women and children, had been surprised by an ambuscade of Indians, when descending the Appalachi- cola river in a boat, about two miles below the junction of the Flint and Challahoochie, and that the whole detach- ment had been killed or taken prisoners, except six men, who had made their escape. Those who were taken alive were wantonly butchered by the ferocious savages* ORDERED TO THE SOUTH. 165 the little children were seized, and their brains dashed oul against the side of the boat ; and all the helpless females, w.'th one exception, were murdered. On trie receipt of this intelligence, .he government saw the necessity of adopting energetic measures. Orders were immediately issued to General Jackson to repair to Fort Scott and take command of the forces in that quarter, *vnh authority, in case he should deem it necessary, to call upon the Executives of the adjoining states for addi- tional iroops. He was also authorized to cross the bound- ary Ime of Florida, which was still a Spanish territory, if necessary in the execution of his orders. The orders which had been issued to General Gaines, and to which he was referred for his own guidance, required him to adopt •* measures necessary to terminate a conflict which had been avoided from considerations of humanity, but which had now become indispensable, from the settled hostility of the savage enemy." The Secretary of War also Said, in a letter written to General Gaines in the month of January, 1818: "The honor of the United States requires that the war with the Seminoles should be terminated speedily, and with exemplary punishment for hostilities so unprovoked." Having collected the Tennessee volunteers, with that zeal and promptness which ever marked his career. Ge- neral Jackson repaired to the post assigned him, and as- sumed the command. The necessity of crossing the line into Florida was no longer a subject of doubt. A large body of Indians and negroes had made that territory their refuge, and the Spanish authorities were either too weak or too indifferent to restrain them. In order to comply with the orders issued to him, Jackson penetrated at once into the Seminole towns, reducing them to ashes, and driving the enemy before him. In the council-house of the Mic- kasukians, more than fifty IVesh scalps, and in an adjacent house, upwards of three hundred scalps, of all ages and sexes, were found ; and in the centre of the public square a red pole was erected, crowned with scalps, known by the hair to have belonged to the companions of Lieutenant bcotC. To i-ntlict merited punishment on th.i barbarians. lb{\ LIFE OF JACKSON. and to prevent a repetition of the massacres, by bringing the war to a speedy and successful te:'mination, he pur- sued his way to St. Marks. He there found, in con formily with previous information, that the Indians and negroes had demanded the surrender of the post to them ; and that the Spanish garrison, according to the command ant's own acknowledgment, was too weak to support it He ascertained also that the enemy had been supplied with the means of carrying on the war, from the commandant of the post; that foreign incendiaries, who instigated the savages to cruelty, had free communication with the fort: and that councils of Avar were permitted by the com- mandant to be held by the chiefs and warriors, within his own quarters. The Spanish store-houses were appro- priated to the use of the hostile party, and actually filled with goods belonging to them, though property known to have been plundered from American citizens was pur- chased from them by the commandant, while he professed friendship to the United States. General Jackson, therefore, did not hesitate to demand of the officer commanding at St. Marks, the surrender of that post, that it might be garrisoned by an American force, and, when the Spaniard hesitated, he entered the fort by force, though without bloodshed ; the enemy hav- ing fled, and the garrison being loo weak to offer any se- rious opposition. From this place he marched upon Su- wanee, seized the stores of the enemy and burnt their vil- lages. A variety of circumstances now convinced General Jack- son, that the savages had commenced the war and persist- ed in their barbarity. He therefore arrested at St. Marks several of the British incendiaries who had excited them to hostilities. One Alexander Arbuthnot, an Indian trader was taken at St. Marks, where he had been living as ai inmate in the family of the commandant. He was tried by a court of inquiry, of thirteen respectable ollicers, and sentenced to be hung, which sentence was immediately carried into execution. Robert Ambrisier, formerly a lieu- tenant in the British marine corps, was also tried ; and it having been proved that he had not only enccwiraged and SEMINOLE CAMPAIGN. 107 assisted the hostile savag-es, but had also led them in their marauding excursions;, he was senttinced by the court to receive fifty stripes and to be confined, with a ball and chain, at hard labor, for twelve calendar montns. General Jackson, however, disapproved of this sentence, which he did not think sufficiently severe; and the case being reconsidered, Ambrister was sentenced to be shot, which entence was forthwith executed. It was now supposed by the commanding general that the war was at an end. St. Marks was garrisoned by an American force ; the Indian towns of Mickasuky and Suwanee v/ere destroyed ; two prominent chiefs who had been the prime movers and leaders of the savages, had been killed ; and the two foreign instigators laken and exe- cuted. The American commander, therefore, ordered the Georgia militia, who had joined him, to be discharged, and was about to return himself lo Tennessee. While mak- ing his preparations, he was informed that the Indians were admitted freely by the governor at Pensacola ; that they were colleciing in large numbi-rs, five hundred being in Pensacola on the loth of April, many of whom were known to he hos'ile, and had just escaped from the pursuit of his troops ; that the enemy were furnished with am- munition and supplies, and received intelligence of the movements of his forces, from that place ; and that a num- ber of them had sallied out and murdered eighteen Ame- rican citizens, who had settled upon the Alabama, and were immediately received by the governor, and furnished with means of transportation across the lake, that they might escape pursuit. These facts being ascertained by General Jackson, from reliable authority, he forthwith took up his line of march towards Pensacola, at the head of a detachment of about twelve hundred men, for the purpose of counteracting the views of the enemy. On the 18th of May, he crossed the Appalachicolaat the Ocheese village, with the intention of scouring the country west of that river, and on the Zlid of the month, he received a communication from the go- vernor of West Florida, protesting against his entrance into that i)rovince. commanding him to retire from it, and 8 168 LIFE OF JACKSON. '^ declaring that he would repel force by force J he did not obey. This communication, together with )lher indica- tions of the governor's hostility, were followed by prompt action on the part of the American general. He marched direct to Pensacola, and took possession of that place the following day. The governor himself fled to Fort Carlos de Barrancas, which post also surrendered, after a feeble resistance, on the 2^th of May. This bold and energeti mode of carrying on the war soon put an end to the de predalions of the Indians and negroes. Parlies of them were scattered here and there through the countrj'', and, to prevent them from attacking tlie frontier settlements, two of the volunteer companies were ordered to scour the country between the Mobile and the Appalachicola. Thus ended the Seminole campaign, which, though not distin- guished by any heavy battles, was, nevertheless, a most arduous and harassing kind of warfare. General Jackson returned to the Hermitage, in June, 1818. His promptness and decision in checking the in- cursions of the savages, and putting an end to their de- predations, elicited new acknowledgments and new evi- dences of respect and admiration. The general govern- ment deemed it expedient ultimately to restore to Spain the posts of St. Marks and Pensacola: but the conduct of Jackson was ap])roved, and Presideni Monroe expressed the opinion in his annual messag.^, at the commencement of the session of Congress in 1818, that the "misconduct of the Spanish officers," in affording countenance and pro- tection to the savages, fully justified the course which, had been pursued. The proceedings of the general in regard to Arbuthnot and Atnbrister, were, in like manner, unequivocally confirmed. The British covernineni even, though always prom[)t in protecting her citizens, could noi but acknowledge the justice of their condemnation. General Jackson returned home in the summer of 1818, and in the course of the follou-ing winter he visited Wash- ington. The incidents of the Seminole campaign were then under consideration in Congress, and a report was made by acommittee of the Senate extremely hostile to his character. It had not the concurrence of the ablest members of iha APPOINTED GOVERNOR OF FLORIDA. 16ft lommittee, and on the appearance of an article in the Na^ tional Intelligencer, written by General Jackson himself, triumphantly defending his conduct, all further action upon t was suspended. An attempt was also made in the House of Representatives, to pass a vote of censure, but it was rejected by a decisive majority. While at the east, the general visited Baltimore, Philadelphia, and New York, in each of which he was welcomed with distinguished honors. He received the freedom of the city of New York on the 19lh of February, in a gold box , and there, as well as in Baltimore, the municipal council requi^sted and ob- tained his portrait, to be placed in their hall. On the 22d of February, 1819, a treaty was signed be- tween Spain and the United States, by which the Floridas were ceded to the latter power. Upon the final ratification of the treaty, Congress passed a law, empowering the pre- sident to vest in such person or persons as he might select, ail the military, civil, and judicial authority exercised by the officers of the Spanish government. Under this law, the president selected General Jackson to act as commis- sioner for receiving the provinces, and to assume the go- /ernment of them. The intimate acquaintance of Jackson with the country, and the energy and decision of his cha- racter, specially recommended him for this position. The territory was completely overrun with smugglers, negro- stealers, and desperadoes of every description ; and it re- quired the exercise of no little firmness and rigor to restore quiet and good order. The general reluctantly accepted the office, and on the 1st of July, 1n21, he issued his pro- clamation at Pensacola, announcing that he had taken possession of the territory in the name of the United States, and that all citizens were required to yield obedience to her authority. Prompt measures were adopted for enforc- ing the laws, and securing the due administration of justice. Courts were immediately organized, and a system of inter- nal police instituted. By the treaty with Spain it was expressly stipulated, that all the archives and documents relating to the pro- perty and sovereignty of the provinces should be deliverea up to the American authorities. A case soon occurred un < 170 LIVE OF JACKSOW der tnis clause of the treaty, which called CK^i all Genertsi Jackson's well-known firmness and piomptitude. On the 22d of August, he received a petition from certain indivi- duals, setting forth that certain papers of great importance lo the rights of several orphan females, whose inheritance was under litigation, had been feloniously retained by the Spanish Ex-governor, Callava, and that they were in the hands of a man named Sousa, Jackson forthwith ordered three officers to wait upon Sousa, and demand the docu-' ments. He exhibited them to the officers, but refused to givejhem up, as they had been intrusted to him by Cal- lava. On being summoned to appear before Jackson with the papers, Sousa returned for answer that they had been sent to the house of the Ex-governor. Two officers were directed to repair thither and demand them; and if Cal- lava refused to deliver them up, to arrest both him and his steward, who had received them, and bring them before the governor. After considerable parleying, Callava finally refused, in the most positive terms, lo surrender the documents, whereupon he was conducted, under a guard, to the office of Jackson. Arrived there, he persisted in his refusal, and commenced protesting against the course pursued by the general, who instantly committed him to prison. The box containing the papers was obtained the next morning, and opened by officers specially commissioned for that purpose. The papers sought for were found, to- gether with decrees which Callava had made, in favor of the heirs, but corruptly suppressed. The object of his imprisonment having been gained, the Ex-governor was released from custody. Previous to his disciiarge, a writ of habeas corpus was issued to extricate him from his con- finement, by Mr. Fromentin, who had been aj)pointed judge by the United Stpjes government, with a jurisdic lion expressly limited to cases arising under the revenue laws, and the acts of Congress prohibiting the iniroduc- tir'H of slaves. At this time, the general judiciary act had not been extended to Florida, and General Ja:kson pos- ■*ssed, in his own person, by the terms of the law unfl^" HIS RKSIUNATION. 171 Winch he was appointed, tlie supreme judicial power uni- formly exercised by the Spanish governors, captains-gene- ral, and intendants. He, of course, refused to obey the writ, and reprimanded Mr. Fromentin, in severe terms, for his interference. Callava afterwards attempted to excite a prejudice against General Jackson, by an exposition which was published m some of the American papers; but the statements made by him were shown to be so grossly false, that he obtained little sympathy. The pro- ceedings of Jackson underwent the rigid scrutiny of a committee of the House of Representatives, and the result was his complete justification. Although the measures he adopted appeared harsh, the American people were read}^ to aj)prove his conduct, when it was ascertained that it originated in a disire to carry out his own noble sentiment, that " the great can protect themselves, but the poor and humble require the arm and shield of the law." Several Spanish officers who had remained with Cal- lava, published an article in a Pensacola paper, after his discharge, in which they accused the general of violence and tyranny. It was stipulated in the treaty that all Spa- nish officers should be withdrawn from the territories, with- in six months after its ratification. More than this term had elapsed. Jackson issued a proclamation without de- lay, commanding them, as trespassers and disturbers of the public peace, to depart in the course of a week. They wisely obeyed the order and left the territory. About the same time, the Ex-governor of f^ast Florida attempted to retain a number of important documents which should have been delivered up. When the fact came to his knowledge, the general tramsinitted his orders to take them by force, if they were withheld. The order was carried into effect; the ex-governor protested against the act, but received little sympathy or encouragement. The ill health of General Jackson compelled him to resign his position in a few months. On the 7th of Oc- tober, he delegated i is power to his secretaries, and re- V -ned to Nashville. In his valedictory address to the 172 LIFE OF JACKSON. intizen? of Florida, he informed them that he had com- pleted 'he temporary organization of the two provinces, and justified and defended the acts of his administration. It was with great regret that the people of the territory saw turn depart, and the spontaneous manifestations of esteeni and gratitude which were exhibited towards him, were > fnUv served. EE8I0NS HIS COMMISSION. ITS CHAPTER XL 1821. Jackson resigns his office in the army — Testimonials of public respect — A candidate for the Presidency — Defeated in the House of Representatives — Election of Mr. Adams — Course of Jackson's friends — His renoinination — Warmth of the contest — Elected pre- sident — Death ot his wife — Kindness to her relatives — His first mes- sage — Veto of the Maysviile road bill — Dissolution of the cabinet — Opposition to the United States Bank — Veto message — Re-elected president — Difficulty with the nullitiers — Assaulted by Lieutenant Randolph — Removal of the deposits — Public excitement — Con- troversy with France — Retirement to private life. 1837. The hardships and privations which General Jackson had experienced in his different campaigns against the Indians, so far undermined his health, that he was com- pelled to resign his commission in the army of the United States, and retire to private life. But the gratitude of the nation followed him in his retirement, and only wailed the opportunity to confer upon him the high reward which was due to his long and faithful services. The citizens of Tennessee were not only proud of the distinguished reputation which reflected so much honor on his adopted state, but they were eager to evince to the world the favorable estimation in which they regarded him. On the 4th d'ly of July, 1622, the governor of the state, by order of the legislature, presented him with a sword, as a testimonial "of the high respect entertained for his public services ;" and on the 2()th of August following, the same body recommended him to the union for the office of president. This recommendation was repeated by the legislature of Alabama, and various meetings of private citizens in different sections of the country. In 1823, the office of Minister Plenipotentiary to the Mexican government was tendered to him by President Monroe ; 174 tlFE OF JACKSON. but he declined its acceptance. Ha AVas again elected to the Senate of the United States, in the autumn of that year, and remained in the office until 1825. The canvass previous to the presidential election in 1824 commenced as early as the year 1822. A majority of the republican party, to which Jackson belonged, in the norlhein and middle states, were in favor of the nomina- tion of John Q,uincy Adams, then secretary of state. The 8am€ parly at the south and west, were divided between General Jackson, William H. Crawford, of Georgia, Henry Clay, of Kentucky, and John C. Calhoun, of South Caro- lina. During the congressional sessions in 1823 and l!:^24, the presidential question was constantly in agitation. The friends of Mr. Crawford were probably the most numerous in the two houses, but more than two-thirds of the mem- bers were in favor of some other candidate. It had usually been the custom to make the nominations in advance of the election, at a congressional caucus, and an effort was made at the session of 1824, to bring forward the name of Mr. Crawford in that way. A caucus was accordingly held, but it was not attended by a majority of the repub- lican members. The consequence was, that each section of the country was left at liberty to support whichever of the candidates was preferred. The election was con- ducted with considerable spirit and animation, and the result was, that no candidate received a majority of the electoral votes. On counting the official returns, it ap- peared that Andrew Jackson had received ninety-nine voles ; John Q,uincy Adams, eighty-four ; William H. Crawford, forty-one, and Henry Clay, thiriy-seven. The constitution of the United Slates provides that where no candidate for the ))residency receives a majority of the electoral votes, the election shall be made by the House of Representatives, from the three highest on the list ; and that the members shall vole by states ; each stale being entitled to but one vote. No choice having been made by the people at the election in 1821, the matter was brought forward at the ensuing session oi Congress, and John Q,uincy Adams was elected presideni lio having received the voles of thirteen stales. CHOSEN PRESIDENT. 175 Soon after the result of this election. M/. Cra\vfor(? withdre / from public life, in consequence of a severe bodily arfliction, Mr. Clay was appointed Secretary of State under Mr. Adams, and the friends of Jackson and Crawford subsequently united in opposition to the then administration. The manner in which Jackson had been defeated, notwithstanding- his having received the greatest number of votes, encouraged his friends and supporters, who wpre quite numerous, and devotedly attached to him, to make renewed efforts for the next election. An attempt was made to bring forwan' De Witt Clinton of the state of New York, as a canditi; ; but he expressly refused to allow his name to be usct. n opposition to General Jack- son. The friends of Mr. iidams, however, took prompt measures to procure his re-election. In September, 1827, the general republican committee of the city of New York, most of whom had previously been Crawford men, pre- sented Jackson as their candidate for the presidency. At the November election in that year, a large majority of the electors of the state expressed their approbation of the movement, by the choice of a majority of members ^f the legislature friendly to his nomination. This satis- factor)^ evidence of the feelings of the voters in so large and powerful a state, put an end to the idea of selecting any other candidate. His nomination was welcomed, with a feeling akin to enthusiasm, from one end of the union to the other, and the election, which took place in 1828, was one of the most animated and exciting which had been witnessed for several years. During the canvass, the parlizans on both sides became quite exasperated, and much was said and written con- •werning the candidates, which might have been wisely mitted. Among other things, the private character and ubiic acts of General Jackson were subjected to a severe and rigid scrutiny. The circumstances attending his mar- riage, his conduct during the campaign against the Creeks, ihe attack on Pensacola, the arrest of Judge Hall, and the ►.rial and merited punishment of Arbuthnot and Ambrister, were commented on in the harshest terms, and in many instances grossly misrepresented. These uncalled for at 8* 176 LIFE OF JACKSON. tacks produced no effect on the public mind, except that of enlisting a warmer feeling of sympathy in his behalf, and animating his friends to renewed exertion. The result of the election was, that General Jackson received one hundred and seventy-eight of the electoral votes, and Mr. Adams eighty-three. Not long after the result of the election was made known. General Jackson experienced a most afflicting bereavement, in the death of his amiable wife. To him the loss was irreparable. For many anxious years, when the duties of his position had called him from her side, by the lonely watch-fire, in the solitude of the forest, on the ramparts ot his intrenchments at New Orleans, amid the leafy hammocks and everglades of the far south, had he looked forward to his retirement from his pubhc duties, comforted by the cherished hope that the evening of his days would be gilded with the halo of that deep and earnest affection which had ever been the light and the joy of the Hermitage. It was hard for him to part with one to whom he was so devotedly attached, just as he was entering upon the enjoyment of the crowning reward of a brilliant and prosperous career. To the day of his death he continued to cherish her memory with a sincere and heart-felt reverence. Having no descendants of his own, he proved himself, if that were possible, even more than a father, to the younger branches of her family. He adopted them as his own, and always regarded them with marked favor and kindness. General Jackson entered upon the duties of the chief magistracy of the Union, on the 4th day of March, I82ih In his inaugural address, he set forth, in general terms, his views in regard to the administration of' the govern- ment, and expressed the diffidence he felt on assuming the high and responsible station to which he had been ele- vated. His first annual message to the two Houses of Congress, delivered on the bth day of December, 182!), contained a more full exposition of his opinions in regard 10 questions of public policy. He avern^d his determina- i'lon to bring the matters in dispute with Great Britain Hid France, growing out of the north-eastern boundary HIS FIRST MESSAGE. IT) qiieslion and the claims of American citizens for depredc- tions committed on their property, to a speedy settlement. He recommended the amendment of the constitution, so as to enable the electors of the country to vote directly for president and vice-president, the modification of the tariff, the apportionment of the surplus revenue among the several states, provided it was " warranted by the consti- tution," and the removal of the Indian tribes beyond th» Mississippi. He also expressed his doubts as to the pro- priety of renewing the charter of the United States Bank, and his belief that if a similar institution was thought ne- cessarj' for the purposes of the government, it should be exclusively a national one, founded upon the public reve- nues and credit. In the month of May, 1830, a bill passed the two Housi s of Congress, proposing to authorize *' a subscription of stock in the Maysville, Washington, Paris, and Lexington Turnpike Road Company." (3n the 27th of the month, the president returned the bill witu his objections to its passage. Although friendly to works of internal improvement, he stated that he was opposed to the construction of any work involving a claim of jurisdiction .0 the territory necessary to be occupied for its preserva- tion and use, paramount to the sovereignty of the state; and to the appropriation of money " from the national trea- sury, in aid of such works when undertaken by state au- thority, surrendering the claim of jurisdiction." Believing that the bill under consideration was liable to both objec- tions, he withheld his official sanction. The annual message of the president in December, 1830, contained no new recommendations of special importance. His views in regard to the amendment of the constitution, the distribution of the surplus revenue, and the recharter of the United States Bank, were again presented to the consideration of Congress. During the session, a resolu- tion was presented by Colonel Benton in the Senate, de- claring that the charier of the bank ought not to be renewed, which was lost by a vote of twenty to twenty-three. At the time of General Jackson's election in 1828, it was thought that he might not be a candidate for re-elec- lion. Cons( "juently, the question as to the selection of bis 178 LIFE OF JACKSON. successor early attracted the attention of the politicians at the seat of government. In the winter of 1830, consider- able ill feeling- was produced in his cabinet, particularly on the part of the friends of the vice-president, Mr. Cal- houn, growing out of what was said to be the especial favor shown to Mr. Van Buren, secretary of state. An un^ fortunate difficulty in regard to the family relations of several members of the cabinet, increased this ill-feeling to such an extent, that Mr. Van Buren, and Mr. Eaton, the secretary of war, tendered their resignations in April, 1831. On accepting the resignations, General Jackson signified to their associates his desire to reconstruct his cabinet, whereupon the other members resigned, and a new cabinet was formed which proved to be much more harmonious in its operations. It was always a prominent wish with General Jackson, to secure entire unanimity among his C( nstitutional advisers; and this did not proceed from any desire to exact a slavish subserviency to his views ; but it was the natural consequence of his remarkable energy and independence of character. Prepared at all limes to as- sume every responsibility connected with his administra- tion of the executive authority, he desired his cabinet to be a complete unit, and that it should adopt the plans and carry out the views approved by him whom the law and the constitution had recognised as its head. The president announced to Congress, at the sessior commencing in December, 1831, the fact that a treaty had been signed with France providing for the payment of the claims for illegal seizures and confiscations during the war with the allied powers. This had long been a vexed question of difTerence between the two governments, and its adjustment was ardently desired on all hands. On the 4th day of July, 1832, the hill to recharter the United States Bank, which had been passed by the two Houses of Congress, was presented to General Jackson. His views in regard to that institution were well known. Previouj to LI3 election to the presidency, he had, on several occa- sions, avowed his hostility to a continuance of the charter. On the 10th day of July, he rt- turned the bill to the Senate, *\n which it originated, accompanied with his reasons foi VETO OF THE UNITED STATES BANK. 179 declining to give the measure his approbation.* This was a bold and decided step on the part of the president. A-lthoygh many of his friends had long linown what would be his decision, quite a number of ihein, and those among the most influential, were friendly to the bill, and indulged the hope that it would finally receive his sanction When it became known that the veto-message was about to be sent in, he was beset with importunities to reconsider his determination. But the rock of Gibraltar could not have been more immovable. His opinions could not be changed, and the line of conduct he had marked out was fixed and unalterable. Whatever may be the vieAvs entertained in regard to the positions laid down in the veto-message of General Jack- son, no one can avoid admiring the unshrinking firmness and high moral courage displayed in his course on this question. The bank wielded an immense power. All classes, trades, and conditions, were more or less connected with its transactions. Its agents were scattered over the country, from one extremity to the other; and, as the se- quel proved, those who controlled its afiliirs were not un- willing to enter into the arena of political strife, for the purpose of perpetuating its existence. General Jackson was renominated for the presidency, in 1832, in connection with Martin Van Buren, of New York, as the candidate for vice-president. The incidents of this important elec- tion are not yet forgotten. The sudden contract'ons and expansions of the currency produced by the bank were severely felt. The moneyed interests of the country were temporarily deranged. The storm was a severe one. No public man of his day but Andrew Jackson, possessed the fearlessness requisite to encounter it. No man save him- self had that deep and abiding hold on the sympathies and affections of the American people, without which he would inevitably have been crushed. Nothinir but his command- ing influence and wide-spread popularity, connicted with the unflinching resolutent'ss of his character, enablea hini, like the proud oak, to set the whirlwind at defianc*;. • See. page 241. 180 LIFE OF JACKSON. Henry 'Jlay was selected as the candidate of the oppiv nents of General Jackson's administra'ion. The friends of Mr. Calhoun, in South Carolina, where the tariff ques- tion had already produced a most bitter feeling of hostility to the general government, remained almost entirely aloof from the contest. The anti-masonic party m the northern states, which had recently been formed, supported William Wirt of Maryland. A great deal of vindictiveness and animosity was engendered during the canvass, and much of the hostility evinced towards General Jackson during the remainder of his administration, may be traced to the veto and his subsequent re-election. The returns from the electoral colleges exhibited the following result: Andrew Jackson received two hundred and nineteen votes, and Henry Clay forty-nine; John Floyd received the eleven electoral votes of South Carolina; and seven were given for William Wirt in Vermont. The re-election of General Jackson, by so great a majority, in despite of the opposition arrayed against him, showed conclusively the extraordi- nary extent of his popularity and influence. During the summer and fall of 1832, the state of South Carolina was agitated with the throes of an incipient re- volution. It was claimed by Mr. Calhoun and his friends, who were known in the political parlance of the day, as nullifiers, that the operation of the revenue laws was so exceedingly unfair and unjust, that it released that state from all its obligations under the compact formed between the several members of the union. Arms were procured, and men organized into companies and regiments, undei the orders of the state government, in order to resist the execution of the laws if aii attempt were made to enforce them within her boundaries. Such proceedings could not be suffered to pass unnoticed. President Jackson im- mediately caused the fortifications of the United States in that qu xrter to be amply provided and garrisoned, and the attention of Congress was called to the subject in his an- nual message. Soon after the message was delivered, the information was receive! that a convention held in the state of South Carolina, nad passed an ordinance de- claring the several acts of Congress to vhich objection? ATTACK OF LIEUTENANT RANDOLPH. 181 bad been raised, to be unauthorized by the constitution and therefore null and void. The president forthwith issued his celebrated proclamation, which is deservedly regarded as one of the ablest state papers that ever came "rom liis pen.* It is remarkable alike for the nervous eloquence of its style, and the glowiny and earnest pa- triotism which breathes forth in every line. On the lOih of January, 1833, the proceedings of the nuUifiers were made the subject of a special communication to Congress. This exciting controversy was terminated, after consider- able difficulty, by tiie passage of the Compromise Act, which contemplated an entire change in the tariff system of the country. In the spring of 1833, a personal attack w-as made upon General Jackson, which shows how little age had dimmed the fire and intrepidity of his youth. On the Glh of May, he left Washington, in company with the members of his cabinet, and his private secretary, in compliance with the invitation of the " iVlonumental Committee" at Fredericks- burg, to lay the corner-stone of the pillar, to be erected in honor of the mother of Washington. "The day,'' says the correspondent of a public paper, " was mild, and the air soft and refreshing. After the company had assembled on board, they paid their respects to the Executive, which that venerable patriot received with the ease and grace of the most finished gentleman of the old school. They then separated ; some of the party went upon the upper deck, to admire the picturesque and beautiful scenery of the surrounding country, whence, from the north round to the south, lay a line of high grounds, forming within their interior an extensive amphitheatre. On the south, was the broad and peaceful Potomac, stretching as far as the eye could reach. On the eastern branch of the river was to be seen the navy yard, and several of the public armed vessels lying in the stream, with our flag floating on the breeze ; and on the western branch, we had a distant buj beautiful view of Georgetown, as it slopes from the high grounds to the river: and between that and the navy • See page 263. 1S2 LIFE OF JACKSOX. jrard, was to be seen the citj' of Washington, whence we had just taken our departure ; and from our situation we had, at one glance, a view of the bridge crossing the river, which exceeds a mile in extent, the chief magistrate's riouse, and the capitol, with its splendid dome, rearing its head over every other object. Among those who went upon the upper deck were the heads of departm*^nts. A group of ladies, with their attendants, w^ere seated in the afttr part of the boat ; and an excellent band of music was playing several national airs as the steamer glided on her way, and shortly arrived at the city of Alexandria. Gene- ral Jackson had, just previous to the boat's reaching the wharf, retired to the cabin, and had taken his seat at a long table, which had been set preparatory for dinner. He was seated on the west side, and next to the berths, there being barely room enough left between the berths and table for a person to pass, by moving sidewise. Upon his left sat Mrs. Thruston, the wife of Judge Thruston, of Washington ; and on the opposite side of the table sat Major Donelson, the general's private secretary ; Mr. Pot- ter, a clerk in one of the departments at Washington ; and Captain Broome, of the marine corps. The president was reading a newspaper. While in this situation, (there being no other person in the cabin or near him,) a large number of citizens came on board, as it was supposed to pay their respects to him. Among the number was Ran- dolph, late a lieutenant in the navy. He made his way into the cabin, and after speaking to Captain Broome, who had long been acquainted with him, he immediately ad- vanced between the table and the berths towards the pre- sident, as if to address him. The president did not know him, and it seems that Captain Broome did not mention his name, because, he said, he believed that the object of his visit was to present a petition praying to be restored to the navy again ; still, as the caj)tain did not know thai that was the object of his visit, and fearing, as he said, that he might intend to commit s)me act of violence, he stepped quickly to the same side of the table, and ad vanced up to and near Randolph, who had by this tim» ^me so near General Jackson as to be observed by hiru, ATTACK OF LIEUTENANT RANDOLPH. 183 who, supposing it was some person about to salute him, Baid that he was afflicted with a severe pain in his side, and begged to be excused for not rising; and seeing that Randolph had some difficuUy in pulling off" his glove, he stretched out his hand towards him, saying, at the same time, "Never mind your glove, sir." Upon this, Ran- dolj)h thrust one hand violently into the president's face ; but before he could make use of the other, or repeat his blo'v. Captain Broome seized and drew him off towards the door. A part of the table was broken down in thf; scuffle. Mr. Potter thrust his umbrella at Randolph across the table, at the moment Captain Broome seized him ; whereupon, Randolph's friends clenched him, hurried him out of the cabin, and off from the boat, 'eaving his hat be- hind. This was done so quickly thai the few persons who were near the president were not aware of it, as they had all turned round after pushing Randolph away, to inquire whether or not the chief tiiagistrate was much hurt. He was so confined behind the table, that he could not rise with ease, nor could he seize his cane in time to defend himself. The news of this outrage was soon cir- culated around the boat, and at first it seemed so incredible that no one could be found to believe it ; all, however, im- mediately repaired to the cabin, and heard the president relate the story himself. '• Had 1 been apprized," said he, "that Randolph stood before me, I should have been prepared for him, and I could have defended myself. No villain," said he, " has ever escaped me before ; and he would not, had it not been for my confined situation." Some blood was seen on his face, and he was asked whether he had been much injured. "No," said he, "I am not much hurt; but in en- eavoring to rise, I have wounded my side, which now pains me more than it did." About this time, one of the citizens of Alexandr'a, whi had heard of the outrage, addressed the general, and said: " Sir, if you will pardon me, in case I am tried and con- victed, 1 will kill Randolph for this insult to you, in fifteen minutes I" "No sir," said the president, "I cannot do that! 1 184 LIFE OF JACKSOV. want no man to stand between me and my assailants, and none to take revenge on my account. Had I been pre- pared for this cowardly villain^ s approach, 1 can assure you all, that he would never have the temerity to under- take such a thing again." General Jackson had for some time been firmly im- pressed with the belief that the public deposits with the United Slates Bank were far from being safe, and in the lumnier of 18:^3 he decided to cause them to be removed. At tne close of the previous session of Congress, a resolu- tion was adopted in the House of Representatives, declar- ing that they might be safely continued with the bank ; but, in the vacation, circumstances transpired connected with the speculations of the bank, which, as the president thought, called for prompt action. Mr. Duane, the Se- cretary of the Treasury, refused to carry out the wishes of the president, and he was forthwith removed, to make room for Mr. Taney, then Attorney-General, and after- wards Chief Justice of the Supreme Court, The deposits were withdrawn from the bank in October, and the con- test between the friends of that institution and the ad- herents of General Jackson was renewed with increased asperity and violence. At the next session of Congress the subject was brought up, and for weeks formed the principal topic of discussion. Several very able speeches were made by the leading politicians belonging to the two parties. On the 2Sth of March, a resolution was adopted in the Senate, which had bi-en offered by Mr. Clay, ex- pressing the opinion that the president, in his proceedings in relation to the public revenue, had "assumed a[)on himself authority and power not conferred by the consti- tution and laws, but in derogation of both." On the loth of April following, the president sent a message to the Senate, respectfully protesting against their impeachment of his official acts, and requesting his coinnninication to be entered on the journals.'- The controversy hetwee- the president and Senate was carried so far, that that body refused to confirm a large number of his appointments, in many instances solely jpon political grounds. AtseveruJ * Seo page 284. HIS yiNAL RETIREMENT. J8u subsequent sessions, the removal of the deposits was dis- cussed :n Congress. Mr. Benton, of Missouri, at an early day, made a movement in favor of expunging the resolu- tion of censure from the journals of the senate. After several ineffectual attempts, a vote to that effect was adopted in the Senate, in conformity with the expressions of several public meetings, and the instructions of the legis- latures of different states. The resolution was ordered to be expunged, by drawing black lines across and around it. In his annual message on the JJd of December, 1833, General Jackson informed Congress that the French go- vernment had failed to pay the instalment required by the stipulations of the convention concluded on the 4th of July, 1831. At the next session he again called their attention to the continued delay in the payment of the money, and recommended the passage of a law authorizing reprisals upon French property, in case provision should not be made for it at the appi>i:hing session of the Chamber of Deputies. The prompt and decisive tone of the president's message startled the chivalric feelings of the French nation. The passports of the American minister were tendered to him, and a serious rupture was confidently anticipated. The unyielding firmness of General Jackson, and the sense of justice which soon prevailed in the French Chamber, averted the danger, and restored the peace and harmony previously existing between the two nations. Nothing of unusual interest occurred during the admi- nistration of General Jackson, after the amicable settlement of the ditficulty with France. The severe panic which followed the derangement of the currency, consequent upon the efforts of the bank to procure a renewal of its charter, was followed by a season of unexampled prosperity. In 18^5, the public debt was entirely liquidated: and on the luial retirement of General Jackson to private life, in the spring of IJ537, he issued a farewell address to the Ame- rican people, setting forth the principles upon which he had conducted the affairs of government, and congratulat- ing them on the peace and happiness which they enjoyed.* • See page 350. 166 LIFE OF JACKSOX. CHAPTER XII. 1837. Ill health of General Jackson — Arriva. at the HermitagB- Influence with his party — Friendly to the annexation of Texas— His occupations — Embarrassed in his pecuniary affairs — Refunding of the fine imposed by Judge Hall — Failure of his health — Hie last illness — His Christian resignation and death — Honors paid to hia memory — Remarks of Reverdy Johnson — Speech of Daniel Web s:er — Character of Jackson — His quaffica'ions as a soldier and statesman — Attachment to his friends — His personal appearance — His patriotism. 1845. ■ A SHORT time previous to the termination of bis ofBcial career, General Jackson was attacked with a severe he- morrhage of the lungs, which for some days incapacitated him from attending to business. He recovered, however, sufficiently to be present at the inauguration of his suc- cessor, and take part in the ceremonies of the day. On his arrival at the Hermitage he was quite weak and infirm, but the relaxation from mental labor, and the kind atten- tions of his adopted children, soon restored him to com- parative strength and health, though he still suffered much from the diseased state of his lungs. The various questions of public policy which afterwards agitated the country, and the movements of the two great political parties in the nation, did not fail to excite his attention. His in- fluence was silently exerted and fell in our national poli- tics up to the day of his death. He was still regarded as the leader of the party which had so long looked up to him as its head, and on all important occasions was con- sulted with as much veneration as were the oracles of olden time. He was, from the first, the warm and steadfast friend of the annexation of Texas to the Union. In tht settlement of the Oregon boundary question he took a deep interest, though he did not live to see the boundary finally fiiijusted. HIS LAST ILLNESS. 1S7 Most of General Jackson's time, in his retirement, was spent in minister';:^' to the comforts of those who were dependent on him, and in overseeing the labor performed on his estate. He was a sincere and devout communicant of the Presbyterian church, and he erected a house of worship in the immediate vicinity of the Hermitage, for the convenience of his family and servants. Towards the close of his life he became involved in nis circumstances, on account of some endorsements for a friend. Vv hen his condition was made known, several offers were made to extend him such pecuniary assistance as he might need. At the session of 18-44-5, a law was passed by Congress, providing for the reimbursement of the fine of one thou- sand dollars paid by General Jackson at New Orleans, with interest from the time of its original payment. This act of justice, tardy as it was, was peculiarly grateful to the feelings of the general, and it served to sweeten the clos ing reflections of his life. For several months previous to his decease, the health of General Jackson began rapidly to fail. His consti u- tion had been originally strong and vigorous, but exposure and privation during his Indian campaigns seriously im- paired his physical vigor. A gentleman who visiied him in the month of May, 184o, states that he had not, at that time, been in a condition to lie down for four months. His whole system was invaded with dropsy; he had not suffi- cient strength to stand ; and his disease was attended with so much bodily pain, that he could obtain no sleep except by means of opiates. While in this dying condition, his por- trait was taken by an artist employed for the purpose by Louis Phillippe, King of the French, who designed to place it by the side of Washington's in his gallery. He was con- stantly cheered by the visits of his old and attached per- sonal friends ; and the consolations of religion, to which he loved to resort, were a never-failing solace to his heart. On one occasion he remarked to a clergynian who called upon him, that he was "in the hands of a merciful God, I have full confidence," said he, "in his goodness and mercy. My lamp of life is nearly out, and the last glim- mei is come. I am ready to depart when called. Tbe 188 ITFE OF JACKSON. Bible is true. The principles and statutes of that holy book have been the rule of my life, and I have tried to conform to its spirit as near as possible. Upon that sacred volume .1 rest my hope of eternal salvation, through the merit? and blood of our blessed Lord and Savior, Jesus Christ." General Jackson continued to grow more feeble, until Sunday, the hth day of June, 1815. Early in the rnorii' ing of thai day he swooned, and for some time was sup- posed to be dead. On reviving from the swoon, he became conscious that the spark of life was nearly extinguished, and, expecting to die before another sun would set, he sent for his family and domestics to come and receive his dying benediction. His remarks, it is said, were full of affection and Christian resignation. His mind retained its vigor to the last, and his dying moments, even more than his earlier years, exhibited its highest intellectual light. To his fa- mily and friends he said : — " Do not grieve that I am about to leave you, for I shall be belter ofl^. Although I am af- flicted with ])ain and bodily suffering, they are as nothing compared with the sufferings of the Savior of the world, who was put to death on the accursed tree. I have ful- filled my destiny on earth, and it is better that this worn- out frame should go to rest, and my spirit take up its abode with the Redeemer.'' He continued thus to address his relatives and friends, at intervals, during the forenoon, and, as the attending physi- cian. Dr. Esleman, remarked, his confidence and faith in the great truths of religion seemed to be more firm and unwavering than anj' man he had ever seen die. He ex- pressed a desire that Dr. Edgar, of the Presbyterian church, should preach his funeral sermon, and that no pomp or parade should be made over his grave. After years of patient suffering and endurance, the aged soldier and statesman thus quietly sunk into his last sleep. Calm and self-collected, though oppressed with pain, he yielded np his spirit with the resignation of a Chri.siian. His death took \)]<\ce on the evening of the 8th of J'nie, in the seventy-ninth year of his age. The death of such a man, of one who had occupied so prominent a place in the affairs of the nation, and rendered RESPECT TO HIS MEMORY J 90 many signal services to his country, was not to t ce* gardfd as a thing of idle moment. Political op|i ^nia and friends ml together like brethren, to ofTer the last tribute to his memory ; and the rancorous hostility of the partisan was forgotten, as he bent over the grave of Andrew JacUson, and involuntarily bedewed it with his tears. Throughout the union, the respect paid to his memory was both solemn and impressive. All the courts and public bodies in session adjourned or. receiving the intelligence. Funeral processions were formed, and ad- dresses delivered in all the principal cities; and nothing was left undone to evince the sincere regard for his cha- racter which was universally entertained. Among the eloquent tributes which the occasion elicited, the annexea remarks of Reverdy Johnson, a senator in Cono-ress from the slate of Maryland, and a political opponent of General Jackson, before the Court of Appeals of that state, richly deserve a perusal : "May it please the court — I rise to announce to the court the death of a great American, and to ask, in beha.f of my brethren of the bar, as a respect justly due to his memory, that the court at once adjourn. " Andrkw Jackson is no more. A long and trying ill- ness is at last terminated, and his spirit has winged its flight, I trust, to heaven. The life and character of the deceased have for many years filled a large space in the public eye ; and perhaps no man has ever lived amongst us, whose popularity or influence with the American people was deeper seated, or more commanding. *'I need not inform the court, that the administration of the general government by this eminent citizen, during his presidency, in almost every particular of it, except hiu noble stand against the perilous and unconstitutional doc- trine of nullification, did not receive the approval of a large political parly of the country ; but as a member of tha party, I nevt-r doubted that "he was in heart and soul .. patriot, deeply attached to the free institutions under which we live, and ardently solicitous for ihe honor and prosperity of the nation. 9 190 LIFE OF JACKSON. "Il is a redeeming trait in the character ol' our people, and greatly diminishes the mischiefs of mere party spirit, that we instinctively, when the nation is called upon to vindicate its honor, are found, to a man, united ; and that on the death of a great and patriotic citizen, we are alike found, without regard to party, joining in a national la- mentation at the afflictive event. " In this instance, there were in the eventful life of the de- ceased, deeds of service rendered the country, by which we all feel that the national glory was eminently subserved. " His military course seemed to know no disaster. With him, to go to battle was to go to victory. Whether war- ring at the head of American troops, with the cunning and daring of savage valor, or with the bravery and skill of the best disciplined army of the European world, the result was ever the same — a triumph. The crowning glory of his military life, the Battle of New Orleans, whilst it immeasurably increases the fame of our arms, w" in all future time, serve as a beacon to protect our ocfii from hostile tread. " In honor of such a man, it is fit that, in every portion of this great nation, due respect should be shown to his memory ; and I therefore m-ove the court to gratify the feelings of the bar, as I am sure they will their own, by adjourning for the day." When the intelligence of the death of General Jackson reached New York, a special meeting of the New York Historical Society, of which the deceased was a member, was called, in order to express their regret at the national bereavement, and adopt measures for evincing their re- spect. Daniel Webster was present at the meeting, and made the following remarks, alike creditable to his head and his heart. "Nothing could be more natural or projier, than that this society should take a respectful notice of the decease of so distinguished a member of its body. Accustomed occasionally to me(>t the society, and to enjoy the com- munications that are made to it, and proceed from it, illus- ■rative of the history of the country and its government KEMARKS OF DANIEL WEBSTER. 191 have pleasure in being present al this time also, and on ihis occasion, in which an element so mournful mingles itself. General Andrew Jackson has been from an early period conspicuous in the service and in the councils of the country, though not without long intervals, so far as respects his connection with the general government. It is fifty years, I ihmk, since he was a member of the Con- gress of the United States, and at the instant, sir, I do not know whether there be living an associate of General Jackson in the House of Representatives of the United States at that day, with the exception of the distinguished and venerable gentleman who is now president of this society. I recollect only of the Congress of '96, at this moment now living, but one — Mr. Gallatin — though I may be mistaken. General Jackson, Mr. President, while he lived, and his memory and character, now that he is deceased, are presented to his country and the world .n different views and relations. He was a soldier — a general officer — and acted no unimportant part in that capacity. He was raised by repeated elections to the highest stations in the civil government of his country, and acted a part certainly not obscure or unimportant in that character and capacity. " in regard to his military services, I participate in the general sentiment of the whole country, and I believe of the world. That he was a soldier oi dauntless courage — great daring and perseverance — an officer of skill, and arrangement, and foresight, are truths universally admitted. During the period in which he administered the general government of the country, it was my fortune, during the whole period of it, to be a member of the Congress of the United Slates, and as it is well known, it was my mis- fortune not to be able to concur with many of the most important measures of his administration. Entertaining nunself, his own views, and with a power of impress ing ttiem, to a remarkable degree, upon the convictior and aopvobation of others, he pursued such a course as he tnniiglit expedient in the circumstances in which he was «Waced. Entertaining on many questions of great mpy^nce, difTerent opinions, it was of course my mis' 192 LIFE OF JACKSOIT. fortune to differ from him, and that difference gave me great pain, because, in the whole course of my public life, it has been far more agreeable to me to support the measures of the government, than to be called upon by my judgment, and sense of what is to be done, to oppose them. I desire to see the government acting with a unity of spirit in all things relating to its foreign relations, espe- cially, and generally in all great measures of domestic pohcy, as far as is consistent with the exercise of perfec independence among its members. But if it was my mis- fortune to differ from General Jackson on many, or most of the great measures of his administration, there were oc- casions, and those not unimportant, in which 1 felt it my duty, and according to the highest sense of that duty, to conform to his opinions, and support his measures. There were junctures in his administration — periods which I thought important and critical — in which the views he thought proper to adopt, corresponded entirely with my sentiments in regard to the protection of the best interests of the country, and the institutions under which we hve ; and it was my humble endeavor on these occasions to yield to his opinions and measures, the same cordial sup- port as if I had not differed from him before, and expected never to differ from him again. " That General Jackson was a marked character — that he had a very remarkable influence over other men's opinions — that he had great perseverance and resolution in civil as well as in military administration, all admit. Nor do I think that the candid among mankind will ever doubt that it was his desire — mingled with whatsoever portion of a disposition to be himself instrumental in ihat exaltation — to elevate his country to the highest prosperity and honor. There is one sentiment, to which I par ticularly recur, always with a feeling of approbation and •ratitude. From an earlier period of his undertaking tc jidrainister the affairs of the government, he uttered a sentiment dear to me — expressive of a truth of which 1 am most profoundly convinced — a sentiment setting forth the necessity, the duty, and ihe patriotism of maintaitiino the union of these states. Mr. President, I am old enough HIS CHARACTER. 193 to recollect the deaths of all the presidents of the United Stales who have departed this life, from Washington down. There is no doubt that the death of an individual, who has been so much the favorite of his country, and partaken so largely of its regard as to fill that high office, always produces — has produced, hitherto, a strong im- pression upon the public mind. That is right. It is right that such should be the impression upon the whole community, embracing those who particularly approved, and those who did not particularly approve the political course of the deceased. " All these distinguished men have been chosen of their country. They have fulfilled their station and duties upon the whole, in the series of years that have gone before us, in a manner reputable and distinguished. Under their administration, in the course of fifty or sixty years, the government, generally speaking, has prospered, and under he government, the people have prospered. It becomes, hen, all to pay respect when men thus honored are called o another world. Mr. President, we may well indulge ihe hope and belief, that it was the feeling of the dis- tinguished person who is the subject of these resolutions, in the solemn days and hours of closing life — that it was bis wish, if he had committed few or more errors in the ad- ministration of the government, that their influence might cease with him ; and that whatever of good he had done, might be perpetuated. Let us cherish the same senti- ment. Let us act upon the same feeling; and whatever of true honor and glory he acquired, lei us all hope that it will be his inheritance for ever ! And whatever of good example, or good principle, or good administration, he has established, let us hope that the benefit of it may also be perpetual." Andrew Jackson was, indeed, no ordinary man. The estimation in which he was held by his countrymen, the respect j)aid to his memory at home and abroad, are suffi- cient to confirm it, even if there could be a doubt. In many respects he was one of the most remarkable men that ever lived. As a soldier, he was prompt and reso I94 LIFE OF JACKSON. lute, stern and inflexible. Wiih an intuitive sagacity, ha foresaw danger, and was always prepared against it. Ilis thoughts and perceptions were rapid, and his plans were often formed and executed before others had time for de- liberation. It was this celerity in his movements that secured many of his laurels. His courage and fortitude were both unquestioned. The principle of fear did not enter into his composition. He certainly could not hava understood the meaning of the word. The cheerfulnes with which he shared the privations of his soldiers, shows that he possessed an entire indifference to hardship and suffering. But one of the most striking features in his character was his readiness in adapting himself to every position in which he was placed. There are many men who can do well, when the occasion does not overmatch them ; but Jackson always rose with the occasion ; and in the merest personal altercation, the same commanding traits were exhibited, which sustained themselves in a higher and nobler flight, on the field of battle, where the fate of nations depended en the issue of the day. As a statesman, General Jackson was clear-headed and sagacious. When he had once determined upon a par- ticular course, where any important principle was involved, he could not be swerved from what he conceived to be jusl and right. He never shrunk from the discharge of any public duty, and was always ready to avow any and every act of his administration, and unshrinkingly to abide the consequences. Never behind his party, but always in the advance, he eagerly sought for opportunities to carry out the principles by which he was guided. In private life, Jackson was kind-hearted, and generous in his disposition. His reputation was pure and unsullied. He abhorred every thing mean and grovelling, and cherished an instinc- tive hatred for what was dishonorable. He was irritable in his temperament, however, and easily excited. Yet, notwithstanding the impetuosity of his disposition fre quently carri(!d him beyond the limits of prudence and moderation, it was this trait in his character which saved New Orleans from plunder and devastation. His attach- ments were warm and sincere. He never forjoi a His CHARACTER. 195 favor, or failed to lernember a friend. He was devotedly atlaclied to liis country, her interests, and her institutions. It may well be, that flattery, and there are few men who cannot be swerved by its seductions, sometimes induced him to commit an unintentional wrong-, in the effort to favor the wishes of some active and influential partisan; but for all that, he was none the less a patriot. In person. General Jackson was tall, and remarkably thin and erect. His weight bore no proportion to his height ; and his frame did not appear fitted for such trials as he had encountered. His features were large ; his eyes dark-blue, with a keen and strong glance; his eye- brows arched and promment ; and his complexion, that of the war-worn soldier. It is hardly to be anticipated, perhaps, that full and complete justice will be rendered to Andrew Jackson durmg the present generation. Men may differ in regard to the propriety of his conduct, and the wi.sdom of his measures, and unintentionally do injustice to 'lis mmy noble qualities. Still, it is not too much to hope that the valuable services rendered to his country, connected though they be with the stern and high-handed measures adopted by his iron will, may be cherished with gratitude and respect; and that the soldier, the statesman, the patriot, and the Chris- tian, may be honored by a nation's blessing, and remem- bered in a nation's prayers. 196 LIFK OF JACKSON. CHAPTER XIII. Eulogy on the Life and Character of General Jackson, delivired at IVashington, June 27, 1845. Bij the Hon. George Bancroft The men of the American Revolution are no more ! That age of creative power has passed away. The last surviving- signer of the Declaration of Independence lias long since left the earth. Washington lies near his own Potomac, surrounded by his family and his servants. Adams, the Colossus of Independence, reposes in the modest grave-yard of his native region. Jefferson sleeps on the heights of his own Monticello, whence his eye overlooked his' beloved Virginia. Madison, the last sur- vivor of the men who made our constitution, lives only in our hearts. But who shall say that the heroes, in whorc. the image of God shone most brightly, do not live forever ? They were filled with the vast conceptions whieh called America into being ; they hved for those conceptions, and their deeds praise them. We are met to commemorate the virtues of one wh shed his blood for our independence, took part in winninj the territory and forming the early institutions of thp West, and was imbued with all the great ideas which constitute the moral force of our country. On the spot where he gave his solemn fealty to the people — here, where he pledged himself before the world, to freedom, to the constitution, and to the laws — we meet to pay our tribute to the memory of the last great name, which gathers round itself all the associations that form the glory of America. South Carolina gave a birthplace to Andrew Jackson. On its remote frontier, far up on the forest-clad banks of the Catawba, in a region where the settlers were just beginning to clustiir, his eye first saw the light There bancrokt's EULOor. 197 «is infancy sported in the ancient forests, and his niind Ras nursed to freedom by their influence, lie was the f'oungest son of an Irish emigrant of Scottish origin, wlio, two years after the great war of Frederic of Prussia, fled lo America for relief from indigence and oppression. His birth was in 1767, at a time when the people of our land were but a body of dependent colonists, scarcely- more tlian two millions in number, scattered alono- an immense coast, with no army, or navy, or union ; and exposed to the attempts of England to control America by the aid of military force. His boyhood grew up in the midst of the contest with Great Britain. The first great political truth that reached his heart was, that all men are free and equal ; the first great fact that beamed on his understanding was, his country's independence. The strife, as it increased, came near the shades of his upland residence. As a boy of thirteen, he witnessed the scenes of horror that accompany civil war ; and when but a year older, with an elder brother, he shouldered his musket, and went forth to strike a blow for his country. Joyous era for America and for humanity! But foi him, the orphan boy the events were full of agony and grief His father was no more. His oldest brother fell a victim to the war of the Revolution ; anoiher (his com- panion in arras) died of wounds received in their joint captivity : his mother went down to the grave a victim to grief and eiforts to rescue her sons ; and when peace came, he was alone in the world, with no kindred to cherish him, and Uttle inherittmce but his own untried powers. The nation which emancipated itself from British rule organizes itself; the confederation gives way to the con- stitution ; the perfecting of that constitution — that grand event of the thousand years of modern history — is accom- plished ! America exists as a people, gains unity as n government, and takes its place as a nation among the powers ef the earth. The next great office to be performed by America is Uie taking possession of the wilderness. The magnifi- 9* 198 UFE OF JACKSON. cent western valley cried out to the civilization of populai power, that it must be occupied by cultivated man. Beiiold, then, our orphan hero, sternly earnest, con- secrated to luimanity from childhood by sorrow, having neither father, nor niothei', nor sister, nor surviving bro- ther; s»j young, and yet so solitary, and therefore boimd the more closely to collective man — behold him elect fol his lot, to go forth and assist in laying the foundations of society in the great valley of the Mississippi. At the very time when Washington was pledging his own and future generations to the support of the popular institutions which were to be the light of the human race — at the time when the institutions of the Old World were rocking to their centre, and the mighty fabric that had come down from the middle ages, was falling in — the adventurous Jackson, in the radiant glory and bound- less hope and confident intrepidity of twenty-one, plunged into the wilderness, crossed the great mountain-barrier that divides the western waters from the Atlantic, fol- lowed the paths of the early hunters and fugitives, and, not content with the nearer neighborhood to his parent state, went still further and further to the west, till he found his home in the most beautiful region on the Cum- berland. There, from the first, he was recognised as the great pioneer; imder his courage, the coming emigrants were sure to find a shield. The lovers of adventure began to pour themselves into the territory, whose delicious climate and fertile soil in- vited the presence of social man. The hunter, with hi.s rifle and his axe, attended by his wife and children ; the herdsman, driving the few cattle that were to multiply as they browsed ; the cultivator of the soil — all came to the inviting region. Wherever the bending mountains opened a pass; wherever the buflalcies and the beasts of the forest had made a trace, these sons of nature, children of humanity, in the highest sentiment of personal fr(;e- dom, came to occupy the beautiful wilderness whose prairies blossomed everywhere pn)fus(!ly with wild llow- ers; whase woods in spring put to shame, by their mag- nificence, the cultivated gardens of nxatu BANCROFT'S: KULOGY. 199 And now that these unlettered fugitives, educated only by the spirit of freedom, destitute of dead letter erudition, but sharing the living ideas of the age, had made their homes in the west — what would fitlluw? Would they degrade themselves to ignorance and intidt 1- ity? Would they make the solitudes of the desert ex- cuses for licentiousness ? Would the doctrines of freedom lead them to live in unorganized society, destitute of laws and fixed institutions ? At a time when European society was becoming broken in pieces, scattered, disunited, and resolved into its ele- ments, a scene ensued in Tennessee, than which notlnng more beautifully grand is recorded in the annals of the race. These adventurers in the wilderness longed to come together in organized society. The overshadawing genius of their time inspired them with good designs, and filled them with the counsels of wisdom. Dwellers in the for- est, freest of the free, bound in the spirit, they came up by their representatives, on foot, on horseback, through tlie forest, along the streams, by the buffalo traces, by the Indian paths, by the blazed forest avenues, to meet in convention among the mountains at Knoxville, and frame for themselves a constitution. Andrew Jackson wjis there, the greatest man of them all — modest, bold, determined, demanding nothing for liimself, and shrinking from nothing that his heart approved. The convention came together on the 11th day of January, 1796, and finished its work on the 6th day of February. How had the wisdom of the Old World vainly tasked itself to frame constitutions, that could, at least, be the subject of experiment! the men of Tennessee, in les.s than twentv-five days, perfected a fabric, which, in its essential forms, was to last for ever. They came together full of faitli and reverence, of love to humanity, of con fidence in truth. In the simplicity of wisdom, thej framed their constitution, acting under higher inlluence than they were conscious of — Thev wronirlit ill .ind sinrerity, Tliemselvet t'loni Uod lliev could not free; 200 LIFE OF JACKSON. They builded better than th«y knew ; The conscious stones to beaaty grew. In tlie instrument which they framed, they embodied their faith in God, in the immortal nature of man. They gave the right of suffrage to every freeman ; they vindi- cated the sanctity of reason, by giving freedom of speech and of the press ; they reverenced the voice of God, as it speaks in the soul of man, by asserting the indefeasible right of man to Avorship the Infinite according to his con- science; they established the freedom and equality of elections ; and they demanded from every future legislator a solemn oath " never to consent to any act or thing whatever, that shall have even a tendency to lessen the rights of the people." These majestic lawgivers, wiser than the Solons and Lycurguses and Numas of the Old World — these pro- phetic founders of a state, who embodied in their consti- tution the sublimest truths of humanity, acted without reference to human praises. They kept no special record of their proceedings; they took no pains to vaunt their deeds ; and when their work was done, knew not that they had finished one of the sublimest acts ever performed among men. They left no record, as to whose agency was conspicuous, whose eloquence swayed, whose generous will predominated; nor should we know, but for tradition, confirmed by what followed among themselves. The men of Tennessee were now a people, and they were to send forth a man to stand for them in the Con- gress of the United States — that avenue to glory — that home of eloquence — the citadel of popular power; and, with one consent, they united in selecting the foremost man among their lawgivers — Andrew Jackson. The love of the people of Tennessee followed him to the American Congress, and he had served but a single term, when the state of Tennessee made him one of it? representatives in the American Senate, where lie sat uidcr the auspices of Jefferson. Thus, when he was scarcely more than thirty, he had BANCROFT'S EULOGY. 201 giiiJed the settlement of the wilderness; swayed the deliberation of a people in establisliing its funJamental laws; acted as the representative of that people, and again as the representative of his organized state, disciplined to a knowledge of the power of the people, and the power of the states; the associate of republican statesmen, the friend and companion of Jefferson. The men who framed the constitution of the United States, many of them, did not know of the innate life and self-preserving energy of their work. They feared that freedom could not endure, and they planned a strong government for its protection. Durino- his short career in Congress, Jackson showed his quiet, deeply seated, mnate, intuitive faith in human freedom, and in the institutions of freedom. He was ever, by his votes and opinions, found among those who had confidence in humanity ; and in the great division of minds, this child of the woodlands, this representative of forest life in the west, w;is found modestly and firmly on the side of freedom. It did not occur to him to doubi the right of man to the free developement of his powers ; it did not occur to him to seek to give durability to popu- lar institutions, by giving to government a strength index pendent of popular will. From the first, he was attached to the fundamental doctrines of popular power, and of the policy that favors it ; and though his reverence for Washington surpassed his reverence for any human being, he voted against the address from the House of Representatives to Washington on his retirement, because its language appeared to sanc- tion the financial policy which he believed hostile to republican freedom. During his period of service in the Senate, Jackson was elected major-general by the brigadiers and field officers of the militia of Tennessee. Resigning his place in the Senate, he was made judge of the supreme com1 in law and equity; such was the confidence in his integ rity of purpose, his clearness of judgment, and his vigoi of will to deal justly among the turbulent who crowde iuto the new settlements of Tennessee, Orange Counts' Free T.ihraiy Sarua £02 LIFE OF .TACKSO!^. Thus, in the sliort period of nine years, Andrew Jack- son was sig'nalized by as many evidences of public esteem as could fall to the lot of man. The pioneer of the wil- Jerness, the defender of its stations, he was their lawgiver, the sole representative of a new people in Congress, the representative of the state in the Senate, the highest in judicial office. He seemed to be recognised as their first love of liberty, the first in the science of legislation, in judgment, and integrity. Fond of private life, he would have resigned the judicial office; but the whole country demanded his service. " Nature," they cried, " never designed that your powers of thought and independence of mind should be lost in retirement." But after a few years, relieving himself from the cares of the bench, he gave himself to the acti\aty and the independent life of a husbandman. He carried into retirement the fame of natural intelligence, and was cherished as "a prompt, frank, and ardent soul." His vieor of character constituted him first amono- all with whom he associated. A private man as he was, his name was familiarly spoken round every hearth-stone in Ten- nessee. Men loved to discuss his qualities. All discerned his power; and when the vehemence and impetuosity of his nature were observed upon, there were not wanting those who saw, beneath the blazing fires of his genius, the solidity of his judgment. His hospitable roof sheltered the emigrant and tho pioneer ; and, as they made their way to their new homes, they filled the mountain-sides and the valleys with J„8 praise. Connecting himself, for a season, with a man of '.nsi- ness, Jackson soon discerned the misconduct of his risso- ciate. It marked his character, that he insisted, li.mself, on paying every obligation that had been contract ec ; and rather tlian endure the vassalage of debt, he instantly parted with the rich domain which his early enterprise had acquired — with his own mansion — with his fields which he himself had first tamed to the ploughshare — with the forest whose trees were as familiar to him as his friends — and chose rather to dwell, for a time, in a rude og-cabin, in the pride ol independence and integrity. Bancroft's eulogy. 203 On aU great occasions, Jackson's influence was deferred to. When Jefferson had acquired for the country the whole of Louisiana, and there seemed some hesitancy, on the part of Spain, to acknowledge our possession, the ser- vnces of Jackson were solicited by the national administra- titjii, and were not called into full exercise, only from the peaceful termination of the incidents that occasioned the summons. In the long series of aggressions on the freedom of the seas, and the rights of the American flag, Jackson was on the side of his country, and the new maritime code of republicanism. In his inland home, where the roar of the breakers was never heard, and the mariner was never seen, he resented the continued ao-o-ression on our com- merce and on our sailors. When the continuance of wrong compelled the nation to resort to arms, Jackson, led by the instinctive know- ledge of his own greatness, yet with a modesty that would have honored the most sensitive delicacy of nature, con- fessed his AviUingness to be employed on the Canada frontier; and it is a fact, that he aspired to the command to which Winchester was appointed. We may ask, what would have been the result, if the command of the north- western army had, at the opening of the war, been intrust- ed to a man who, in action, was ever so fortunate, that his vehement will seemed to have made destiny capitulate to his designs? The path of duty led him in another direction. On the declaration of war, twenty-five hundred volunteers had risen at his word to follow his standard; but by countermanding orders from the seat of government, the movement was without eff'ect A new and great danger hung over the West The Indian tribes were to make one last effort to restore it to its solitude, and recover it for savage life. The brave, relentless Shawnees — who, from time immemorial, had strolled from the waters of the Ohio to the rivers of Ala* bama — were animated by Tecumseh and his brother the Prophet, who spoke to them as with the voice of the Great Spirit, and aroused the Creek nation to despc-rate 204 LIFE OF JACKSOK. massa ;res. Who has not heard of their terrible deeds, when tlieir ruthless cruelty spared neither sex nor age? when the infant and its mother, the planter and his fam- ily, who had fled for refuge to the fortress, the garrison tiiat capitulated — all were slain, and not a vestige of de- fence was left in the country ? The cry of the West demanded Jackson for its defender; and though his arm was then fractured by a ball, and hung in a sling, he placed himself at the head of the volunteers of Tennessee, and resolved to terminate forever the hereditary struggle. Who can tell the horrors of that campaign ? Who can paint rightly the obstacles which Jackson overcame — mountains, the scarcity of untenanted forests ; winter, the failure of supplies from the settlements, the insubordina- tion of t'.oops, mutiny, menaces of desertion ? Who can measure the wonderful power over men, by which his personal prowess and attractive energy drew them in midwinter from their homes, across mountains and mo- rasses, and through trackless deserts? Who can describe the personal heroism of Jackson, never sparing himself, beyond any of his men encountering toil and fatigue, sharing every labor of the camp and of the march, fore- most in every danger; giving up his horse to the invalid soldier, while he himself waded through the swamps on foot ? None equalled him in power of endurance ; and the private soldiers, as they found him passing them on the march, exclaimed, "He is as tough as hickory." "Yes," they cried to one another, "There goes Old Hickory!" Who cannot narrate the terrible events of the double battles of Emuckfaw, or the glorious victory of Tohopeka, where the angei of the general against the faltering was more appalling than the war-wh^^op and rifle of the sav- ao-e? Who can riohtly conceive the tield of Enotochopoo, where the general, as he attempted to draw the sword tc cut down a flying colonel who was leading a regiment from the field, broke again the arm which was but newly knit together; and quietly replacing it in the sling, with his commanding voice arrested the flight of the troopsi and himself led them back to victory! Bancroft's eulogy. 208 III six short months of vehement action, the most terri- ble Indi.in war in our annals was brought to a close ; the propliets were silenced ; the consecrated region of the Creek nation reduced. Through scenes of blood, tlio avenging hero sought only the path to peace. Thus, Alabama, a part of Mississippi, a part of his own Tennes- see, and the highway to the Floridas, were his gifts to the Union. These were his trophies. Genius as e.xtraordinary as military events can call forth, was summoned into action in this rapid, efficient, and most fortunately conducted war. Time would fail were 1 to track our hero down the watercourses of Alabama to the neighborhood of Pensa- cola. How he longed to plant the eagle of his country on its battlements! Time would fail, and words be wanting, were I to dwell on the magical influence of his appearance in New Orleans. His presence dissipated gloom and dispelled alarm; at once he changed the aspect of despair into a contidence of security and a hope of acquiring glory. Every man knows the tale of the heroic, sudden, and yet deliberate darino- which led him, on the nioht of the 2;id of Decem- ber, to precipitate his little army on his foes, m the thick darkness, before they grew familiar with their encamp- ment, scattering dismay through veteran regiments of England, and defeating them, and arresting their progress by a far inferior force. Who shall recount the counsels of prudence, the kind- ling words of eloquence that gushed from his lips to cheer his soldiers — his skirmishes and battles, till that eventful morning when the day at Bunker's Hill had its fulfilment in the glorious battle of New Orleans, and American independence stood before the world in the majesty of victorious power. These were great deeds for the nation ; for himself he did a greater. Had not Jackson been renowned for the vehement impetuosity of his passions, for his defiance of others' authority, and the unbending vigor of his self-will? Behold the saviour of Louisiana, all garlanded with vic- tor}', ^^e■w^ng around him the city he had proserved, the 206 LIFE OF JACKSON. maidens and children whom his heroism had protected, Btand in the presence of a petty judge, who gratifies his wounded vanity by an abuse of his judicial power. Every breast in the crowded audience heaves with indio-nation. He, the passionate, the impetuous — he whose power was to be humbled, whose honor questioned, whose laurela tarnished, alone stood sublimely serene ; and when the craven judge trembled and faltered, and dared not pro- ceed, himself, the arraigned one, bade him take courage, and stood by the law even in the moment when the law was made the instrument of insult md wrong on him- self — at the moment of his most perfect claim to the high- est civic honors. His country, when it grew to hold many more millions, the generation that then was coming in, has risen up to do homage to the noble heroism of that hour. Woman, whose feeling is always right, did honor from the first to the purity of his heroism. The people of Louisiana, to the latest hour, will cherish his name as their greatest bene- factor. The culture of Jackson's mind had been much promoted by his services and associations in the war. His discipline of himself, as the chief in command ; his intimate relations with men like Livingston ; the wonderful deeds in which he bore a part; all matured his judgment and mellowed his character. Peace came with its delights; once more the country rushed forward in the developement of its powers; once more the arts of industry healed the wounds that war had inflicted; and, from commerce and agriculture and manu- factures, wealth gushed abundantly under the free activity of unrestrained enterprise. And Jackson returned to his own fields and his own pursuits, to cherish his plantation, to care for his servants, to look after his stud, to enjoy the affection of the most kind and devoted wife, whom he respected with the gen- tlest deference, and loved with an ahnost miraculoua tenderness. And there he stood, like one of the mi^-htiest forest trees of his o\\in West^ vigorous and colossfiT, sending its BArCROFT's EfLOGtH 20? summit to the skies, and growing on its native s'jil in wiW and inimitable magnificence, careless of beholders. Froro all parts of the country he received appeals to his politica/ ambition, and the severe modesty of his well- balances mind turned them all aside. He was happy in his farm happy in seclusion, happy in his family, happy withic liimself But the passions of the southern Indians were not allayed by the peace with Great Britain; and foreign emissaries were still among them, to inflame and direct their malignity. Jackson was called forth by his country to restrain the cruelty of the treacherous and unsparing Seminoles. It was in the train of the events of this war that he placed the American eagle on St Marks, and above the ancient towers of St. Augustine. His deeds in that war, of themselves, form a monument to human power, to the celerity of his genius, to the creative fertility of his resources, his intuitive sagacity. As Spain, in his judg- ment, had committed aggression, he would have emanci- pated her islands ; of the Havana, he caused the reconnois- sance to be made ; and with an army of five thousand men, he stood ready to guaranty her redemption from colonial thraldom. But when peace was restored, and his office was accom- plished, his physical strength sunk under the pestilential influence of the climate, and, fast yidding to disease, he wy which the fede- ral government should exercise it in the case of the Cum- berland road. He returned it with objections to its passage, and in assigning them took occasion to say, thai in the early stages of the government he had inchned to 230 LIFE OF JACKSON. the construcUon that it bad no right to expend money except in the performance of acts authorized by the other specific grants of power, according to a strict construction of them ; but that on further reflection and observation, his mind had undergone a change ; that his opinion then was: "that Congress have an unhmited power to raise money, and that in its appropriation they have a discretionary power, restricted only by the duty to appropriate it to purposes of common defence and of general, not locaL national, not state, benefit;" and this was avowed to be the governing principle through the residue of his admin- istration. The views of the last administration are of such recent date as to render a particular reference to them unnecessary. It is well known that the appropriating power, to the utmost extent which had been claimed for it in relation to internal improvements, was fully recog- nised and exercised by it This brief reference to known facts will be sufficient to show the difficulty, if not impracticability, of bringing back the operations of the government to the construction of the constitution set up in 1793, assuming that to be its true reading in relation to the power under consideration; thus giving an admonitory proof of the force of imphca- tion, and the necessity of guarding the constitution with sleepless vigilance against the authority of precedents which have not the sanction of its most plainly defined powers. For although it is the duty of all to look to that sacred instrument instead of the statute book ; to repu- diate at all times encroachments upon its spirit, which are too apt to be eftected by the conjuncture of peculiar and facilitating circumsUmces; it is not less true that the public good and the nature of our political institutions require that individual dillerences should yield to a well- settled accjuiescence of the people and confederate author- ities in particular constructions of the constitution on doubtful points. .Not to concede this much to the spirit of our institutions, would impair their stability and defeat the objects of the constitution itself. The bill before me does not call for a more definite wpinion upon the particular circumstances which will war* MAT8VILLK ROAD VETO. 231 rant appropriations of money by Congress to aid works of internal improvement; for although the extension of the power to apply money beyond that of carrying into effect the object for which it is appropriated has, as we have seen, been long claimed and exercised by the federal gOTernment, yet such grants have always been professedly under the control of the general prin ciple, that the worl^ which might be thus aided should be\"of a general, not local, national, not state, characte r?]! ' A disregard of this distinction would, of necessity, lea^otlie subversion of the federal system."^ That even this is an unsafe one, arbitrary in its natUTe, and liable consequently to great abuses, is too obvious to require the confirmation of expe- rience. It is, however, sufficiently definite and imperative to my mind to forbid my approbation of any bill having the character of the one under consideration. I have given to its provisions all the reflection demanded by a just regard for the interests of those of our fellow-citizens who have desired its passage, and by the respect which is due to a co-ordinate branch of the government; but I am not able to view it in ?,» y ( ther light than as a mea- bure of purely local char? ^r . or. if it can be considered naUunal, that no further distinction between the appro- priate duties of the general and state govei-nments need be attempted, for there can be no local interest that may not with equal propriety be denominated national. It hiis no conne.xion with any established system of improve- ments; is exclusively within the limits of a state, stalling »t a point on the Ohio river, and running out sixty miles 10 an interior town; and, even as far as the state is inter- ested, conferring partial instead of genei'al advantages. Considering the magnitude and importance of tlie pow- er, and the embarrassments to which, from the very nature of the thing, its exercise must necessarily be sub- jected, the real friends of internal impi'ovenient ought not to be willing to confide it to accident and chance. What is properly national in its character or otherwise, is an inquiry which is of en extremely difficult of so'ulion. Tlie apjnopriations of one yeai-, for an object which is con- fcidf red national, may be rendered nugatory by the refusal 232 UFE OF JACKSON. of a succeeding Congress to continue the work, on the gTOund that it is local. No aid can be derived from the intervention of corporations. The question regards the character of the work, not that of those by whom it is to be accomplished. Notwithstanding the union of the gov- ernment with the corporation, by whose immediate agency any work of internal improvement is carried on, the inquiry will still remain, is it national, and conducive to the benefit of the whole, or local, and operating only to the advantage of a portion of the Union ? But, although I might not feel it to be my official duty to interpose the executive veto to the passage of a bill appropriating money for the construction of such works as are authorized by the states, and are national in their character, I do not wish to be understood as expressing an opinion that it is expedient at this time for the general government to embark in a system of this kind; and, anxious that my constituents should be possessed of my views on this as well as on all other subjects which they have committed to ray discretion, I shall state them frankly and briefly. Besides many minor consideration^ there are two prominent views on the subject which have made a deep impression upon my mind, which I think are well entitled to your serious attention, and will, I hope, be maturely weighed by the people. From the official communications submitted to you, it appears that if no adverse or unforeseen contingency happens in our foreign relations, and no unusual diversion be made of the funds set apart for the payment of the national debt, we may look with confidence to its entire extinguishment in the short period of four years. The extent to which this pleasing anticipation is dependent upon the policy which may be pursued in relation tc measures of the character of the one now under consider- ation, must be obvious to all, and equally so that the events of the present sess'on are well calculated to awaken public solicitude upon the subject. By the statement from the treasury department, and those from the clerks of the senate and house of representatives, herewith sub- mitted, it appears tliat the bills wiiich have passed into MATSVILLE ROAD VETO. 233 laws, and those which, in all probability, will pass before the adjournment of Congress, anticipate appropriations which. M ith the ordinary expenditures for the support of government, Avill exceed considerably the amount in the treasmy for the year 18.30. Thus, while we are diminish- ing the revenue by a reduction of the duties on tea, cotlee, and cocoa, the appropriations for internal improvements are increasing beyond the available means of the treasury ; and if to this calculation be added the amount contained in bills which are pending before the two houses, it may be safely affirmed that ten millions of dollars would not make up the excess over the treasury receipts, unless the payment of the national debt be postponed, and the means now pledged to that object applied to those enumerated in these bills. Without a well-regulated system of inter- nal improvement, this exhausting mode of appropriation is not liktly to be avoided, and the plain consequence must be, either a continuance of the national debt or a resort to additional taxes. Although many of the states, with a laudable zeal, and under the influence of an enlightened policy, are success- fully applying their separate efforts to works of this character, the desire to enlist the aid of the general gov- ernment in the construction of such as, from their nature, ought to devolve upon it, and to which the means of the individual states are inadequate, is both rational and patriotic ; and if that desire is not gratified now, it does not follow that it never will be. The eeneral intellioence and pubhc spirit of the American people furnish a sure guarantee that, at the proper time, this pohcy will be made to prevail under circumstances more auspicious to its successful prosecution than those which now exist But, great as this object undoubtedlj'^ is, it is not the only one which demands the fostering care of the government The preservation and success of the republican principle rest with us. To elevate its character and extend its influence rank amongst our most imporUint duties, and the best means to accomplish this desirable end are those w^hich will rivet the attachment of our citizens to the government of their choice, by the comparative hghtness 234 LIFE OF JACKSON. of tlicir public burdens, and by the attraction which the superior success of its operations will present to the admi ration and respect of the world. Through the favor of an overruling and indulgent Providence, our country is blessed witli general prosperity, and our citizens exempted from the pressure of taxation which other less favored portions of the human family are obliged to bear; yet it is true that many of the taxes collected from our citizens, through the medium of imposts, have for a ccnsiderable period been onerous. In many particulars, those taxes have borne severely upon the laboring and less prosperous classes of the community, being imposed on the necessa- ries of life, and this, too, in cases where the burden was not relieved by the consciousness that it would ultimately contribute to make us independent of foreign nations for articles of prime necessity, by the encouragement of their growth and manufacture at home. They have been cheerfully borne, because they were thought to be neces- sary to the support of government, and the payment of the debts unavoidably incurred in the acquisition and maintenance of our national rights and privileges. But have we a right to calculate on the same cheerful acquies- cence, when it is known that the necessity for their con- tinuance would cease, were it not for the irregular, impro- vident, and unequal appropriations of the public funds? Will not the people demand, as they have a right to do, such a prudent system of expenditure as will pay the debts of the Union, and authorize the reduction of every tax to as low a point as the wise observance of the neces- sity to protect tliat portion of our manufactures and labor, whose prosperity is essential to our natioiuil safety and indep(!ndence, will allow? When the national debt is paid, the duties upon those articles which we do not raise may be repealed with safety, and still leave, 1 trust, with- out oppression to any section of the country, an accumu- lating surplus fund, which may be benelicially applied to some well-digested system of improvement. Under this view, the question, as to the manner in which the federal governirent can, or ought to embark in the construction of roads and canals, and the extent to MAYSVILLE ROAD VETO. 235 wliicli it may impose burdens on the people for these purposes, may be presented on its own merits, free of all disguise, and of every embarrassment except such as may urise from the constitution itself Assuminu' these suo;- gestions to be correct, will not our constituents require the observance of a course by which they can be effected ? Ought they not to require it ? Witii tlie best disposition to aid, as far as I can conscientiously, in the furtherance of works of internal improvement, my opinion is, that the soundest views of national policy, at this time, point to such a course. Besides the avoidance of an evil influence upon the local concerns of the country, how solid is the advantage which the government will reap from it in the elevation of its character! How gratifying the effect of presenting to the world the sublime spectacle of a republic, of more than twelve millions of happy people, in the forty-fourth year of her existence — after having passed through two protracted wars, the one for the acquisition, and the other for the maintenance of liberty — free from debt, and with all her immense resources unfettered! What a salutary influence would not such an exhibition exercise upon the cause of liberal principles and free government throughout the world. Would we not our- selves find, in its effect, an additional guarantee that our political institutions will be transmitted to the most remote posterity without decay ? A course of policy destined to witness events like these, can not be benefited by a legis- lation which tolerates a scramble for appropriations that have no relation to any general system of improvement, and whose good effects must of necessity be very limited. In the best view of these appropriations, the abuses to which they lead far exceed the good which they are capable of promoting. They may be resorted to as artful expedients to shift upon the government the losses of unsuccessful private speculation, and thus, by ministering to personal ambition and self aggrandizement, tend to sap the foundations of public virtue, and taint the administra- tion of the oovernment with a demoralizino- influence. In the other view of the subject, and the only remam- ing one which it is my intention to present at this time, 286 LIFE OF JACKSOX. IS involved the expediency of embarking in a systero of internal improvement without a previous amendment of the constitution, explaining and defining the precise pow- ers of the federal government over it Assuming th» right to appropriate money tc aid in the construction of national works, to be warranted by the contemporaneous and continued exposition of the constitution, its sufficiency for the successful prosecution of them must be admitted by all candid minds. If we look to usage to define the extent of the right, that will be found so variant, and embracing so much that has been overruled, as to involve the whole subject in great uncertainty, and to render the execution of pur respective duties in relation to it replete with difficulty and embarrassment. It is in regard to such works, and the acquisition of additional territory, that the practice obtained its first footing. In most if not all other disputed questions of appropriation, the construc- tion of the constitution may be regarded as unsettled, if the right to apply money, in the enumerated cases, is placed on the ground of usage. This subject has been one of much, and, I may add, painful reflection to me. It has bearings that are well calculated to exert a powerful influence upon our hitherto prosperous system of government, and which, on some accounts, may even excite despondency in the breast of an American citizen. I will not detain you with profes- sions of zeal in the cause of internal improvements. If to be their friend is a virtue which deserves commenda- tion, our country is blest with an abundance of it; for I do not suppose there is an intelligent citizen who does not wish to see them flourish. But though all are their friends, but few, I trust, P/*e unmindful of the means bj' which they should be r^rom^ted; none certainly are so degenerate as to desire their success at the cost of that sacred instrument, with the preservation of whicli is indis solubly bound our country's hopes. If different impi-es- sions are entertained in any quarter; if it is expected that the people of lliis country, reckless of their constitutional obligations, will prefer their local interest to the principles of the Union, such expectations will in the end be disap- MATSVILLE ROAD VETO. 23? pointed ; or, if it be not so, then indeed has the world but ittle to hc/pe from the example of free government. When an honest observance of constitutional compacis can not be obtained from communities like ours, it need not be anticipated elsewhere ; and the cause in whuh there has been so much martyrdom, and from which so much was expected by the friends of liberty, may be abandoned, and the degrading truth, that man is unfit for self-govern- ment, admitted. And this will be the case, if expediency be made a rule of construction in interpreting the consti- tution. Power, in no government could desire a bettei shield for the insidious advances which it is ever ready to make upon the checks that are designed to restrain its action. But I do not entertain such gloomy apprehensions. If it be the wish of the people that the construction of roads and canals should be conducted by the federal govern- ment, it is not only highly expedient, but indispensably necessary, that a previous amendment of the constitution, delegating the necessary power, and defining and restrict- ing its exercise Avith reference to the sovereighty of the states, should be made. Without it, nothing extensively useful can be effected. The right to exercise as much jurisdiction as is necessary to preserve the works, and to raise funds by the collection of tolls to keep them in repair, can not be dispensed with. The Cumberland road should be an instructive admonition of the consequences of act- ing without this right Year after year, contests are witnessed, growing out of efforts to obtain the necessary appropriations for completing and repairing this useful work While one Congress may claim and exercise the power, a succeeding one may deny it; and this fluctuation of opinion must be unavoidably fatal to any scheme which, from its extent, would promote the interests and elevate the character of the country. The experience of the past has shown that the opinion of Congress is subject to such fluctuations. If it be the desire of the people that the agency of the federal government should be confined to the appropria- tion of money in aid of such undertakings, in virtue of 11 238 UFE or JACK30N. state aithorities, then the occasion, the manner, and the extent of the appropriations, should be made the subject of constitutional regulation. This is the more necessary m order that they may be equitabl*^ among the severai states; promote harmony between dilferent sections of the Union and their representatives; preserve other parts of the constitution from being undermined by the exercise of doubtful powers, or the too great extension of those which are not so; and protect the whole subject against the deleterious influence of combinations to carry, by concert, measures which, considered by themselves, might meet but little countenance. That a constitutional ad- justment of this power upon equitable principles is in the highest degree desirable, can scarcely be doubted; nor can it fail to be promoted by eveiy sincere fi-icnd to the success of our political institutions. In no government are appeals to the source of power in cases of real doubt more suitable than in ours. No good motive can be assigned for the exercise of power by the constituted authorities, while those for whose benefit it is to be exer- cised have not conferred it, and may not be wiUing to confer it. It would seem to me that an honest applica- tion of the conceded powers of the general government to the adv-ancement of the common weal, presents a suffi- cient scope to satisfy a reasonable ambition. The difficul- ty and supposed impracticability of obtaining an amend- ment of the constitution in this respect is, I firmly believe, in a great degree unfounded. The time has never yet been when the patriotism and intelligence of the American people were not fully etjual to the greatest exigency; and it never will, when the subject calling forth their interpo- sition is plainly presented to them. To do so Avith the questions involved in this bill, and to urge them to an early, zealous, and full consideratioti of their deep impor- tiince, is, in my estimation, am(^ng the highest of our duties. A supposed connexion between appropi-iations for inter- nal improvement and the system of protecting duties, crowing out of the anxieties of those more immediately interested in their success, has given rise to suggestiont MAT8VILLE ROAD VETO. 233 which \ is proper I should notice on this occasion. Mj opinions on these subjects have never been concealed from those who had a riglit to know them. Those which 1 have entertained on the latter have frequently placed me in opposition to individuals as well as communities, whose claims upon my friendsliip and gratitude are of the stronoest character; but I trust there has been nothintj in my public life which has exposed me to the suspicion of being thought capable of sacrificing my ''lews of duty to private considerations, however strong they may have been, or deep the regrets which they are capable of exciting. As long as the encouragement of domestic manufactures is directed to national ends, it shall receive from me a temperate but steady support There is no necessary connexion between it and the system of appropriations. On the contrary, it appears to me that the supposition of their dependence upon each other is calculated to excite the prejudices of the public against both. The former is sustained on the gruund of its consistency with the letter and spirit of the constitution, of its origin being traced to the assent of all the parties to the original compact, and of its having the support and approbation of a majority of the people; on which account it is at least entitled to a fair experiment The suggestions to which I have alluded refer to a forced continuance of the national debt, by means of large appropriations, ^ a substitute for the security which the S3-stem derives from the principles on which it has hitherto been sustained. Such a course would certainly indicate either an unreasonable distrust of the people, or a consciousness that the system does not possess sufficient soundness for its support, if left to their voluntary choice and its own merits. Those who suppose that any policy tluis founded can be long upheld in this country, have looked upon its iiistory with eyes very diflferent from mine. This policy, hke every other, must hbide the will of the people, who Avill not be likely to «liow any device, however specious, to conceal its cLarac> ^•ir and tendency 240 LIFK OF JACKSOK. In presenting these opinions, I have spoken with the freedom and candor which I tliought the occasion for their expression called for; and now respectfully return the bill which has been under consideration, for youi' fur* tner deUberation and judgment Mtttcge cf President Jaekion to the United States Senate, on retum- ing the bank bill with his objections. — July 10, 1832. To THE Senate : The bill " to modify and continue" the act entitled "An act to incorporate the subscribers to the Bank of the United Slates," was presented to me on the 4th of July instant. Having considered it with that solemn regard to the prin- ciples of the constitution which the day was calculated to inspire, and come to the conclusion that it ought not to become a law, I herewith return it to the Senate, in which it originated, with my objections. A bank of the United States is, in many respects, con- venient for the government, and useful to the people. Entertaining this opinion, and deeply impressed with the belief that some of the powers and privileges possessed by the existing bank are unauthorized by the constitution, subversive of the rights of the states, and dangerous to the liberties of the people, I felt it my duty, at an early period of my administration, to call the attention of Congress to the practicability of organizing an institution combining all Its advantages, and obviating these objections. I sincerely regret that, in the act before me, I can perceive none ol those modifications of the bank charter which are neces- sary, in my opinion, to make it compatible with justice, with sound policy, or with the constitution of our country. The present corporate body, denominated the President .)irectors, and Company of the Bank of the United States, ivill have exisle 1, at the time this act is intended to take 242 LIFE OF JACKSON. effect, twenty years. It enjoys an excli sive privilege of banking under the authoritv of the general government, a monopoly of its favor and support, and, as a necessary consequence, almost a monopoly of the foreign and domes- tic exchange. The powers, privileges, and favors bestowed upon ii in the original charter, by increasing the value of the stock far above its par value, operated as a gratuit^'of many millions to the stockholders. An apology may be found for the failure to guar against this result, in the consideration that the effect of the original act of incorporation could not be certainly foreseen at the time of its passage. The act before me proposes another gratuity to the holders of the same stock, and in many cases to the same men, of at least seven millions more. This donation finds no apology in any uncertainty as to the effect of the act. On all hands, it is conceded, that its passage will increase, at least twenty or thirty per cent, more, the market price of the stock, subject to the payment of the annuity of two hundred thousand dollars per year, secured by the ac. ; thus adding, m a moment, one-fourth to its i)ar value. It is not our own citizens only who are to receive the bounty of om g"3vernr:ient. More than eight millions of the stock of this bank are held by foreigners. By this act, the Ame- rican republic proposes virtually to make ttiem a present of scn.e ir.illions of dollars. For these grat'-ities to foreign- ers, and to some of our own opulent citizens, ine act secures no equivalent whatever. They are the certam gains of the present stockholders, under the operation of this act, after making full allowance for the payment of the bonus. Every monopoly, and all exclusive privileges, are granted at the expense of the public, which ought to receive a fair equivalent. The many millions which this act proposes to bestow on the stockholders of the existing bank, must come, directly or indirectly, out of the earnings of the Ami'rican people. It is due to them, therefore, if their government sell monopolies and exclusive privileges, that they shoulil at least exact for them as much as they are worth in open market. The value of the monopoly in .iiifi case may be correctly ascertained. The twenty-eight VETO OF THE BANK BILL. 243 mUlions of stock would probably be at an advan« of fiftv per cent., and command in market at least forly-lwo mil- lions of dollars, subject to the payment of the present bonus. The present value of the monopoly, therefore, is seven- teen millions of dollars, and this the act proposes to sell for three millions, payable in fifteen annual instalments, of two hundred thousand dollars each. It is not conceivable how the present stockholders can have any claim to the special favor of the government. The present corporation has enjoj'ed its monopoly during ihe period stipulated in the original contract. If we must have such a corporation, why should not the government sell out the whole slock, and thus secure to the people the full market value of the privileges granted ? Why should not Congress create and sell twenty-eight millions of Btock, incorporating the purchasers with all the powers and privileges secured in this act, and putting the pre- mium upon the sales into the treasury ? But this act does not permit competition in the purchase of this monopoly. It seems to be predicated on the erro- neous idea, that the present stockholders have a prescriptive right, not only to the favor, but to the bounty of the govern- ment. It appears that more than a fourth part of the stock is held by foreigners, and the residue is held by a few hundred of our citizens, chiefly of the richest class; for their benefit does this act exclude the whole American people from competition in the purchase of this monopoly, and dispose of it for many millions less than it is worth. Ttiis seems the less excusable, because some of our citizens, not now stockholders, petitioned that the door of competition might be opened, and offered to take a charter on terms much more favorable to the govermnenl and country. But this pro[)osition, although made by men whose ggregate wealth is believed to be equal to all the private stock in the existing bank, has been set aside, and the bounty of our government is proposed to be again bestowed on the few who have been fortunate enough to secure the Block, and, at this mo-nenl, wield the power of the existing nslitution. i cannot perceive the justice or policy of this •yourse. if our government must sell monopolies, it would *Z4i LIFB OF JACKSON. seem to be its duty to take nothing less than their (ah value ; and if gratuities must be made once in fifteen or twenty years, let them not be bestowed on the subjects oi a foreign government, nor upon a designated or favorabla class of men in our own country. It is but justice and good policy, as far as the nature of the case will admit, to confine our favors to our own fellow-citizens, and let each in his turn enjoy an opportunity to profit by our bounty. In the bearings of the act before me upon these points, I find ample reasons why it should not become a law. It has been urged as an argument in favor of re-charter- ing the present bank, that calling in its loans will produce great embarrassment and distress. The time allowed to close its concerns is ample, and if it has been well managed its pressure will be light, and heavy only in case its ma- nagement has been bad. If, therefore, it shall produce distress, the fault will be its own, and it would furnish a reason against renewing a power which has been so ob- viously abused. But will there ever be a time when this reason will be less powerful ? To acknowledge its force is to admit that the bank ought to be perpetual, and as a consequence, the present stockholders, and those inherit- ing their rights, as successors, be established a privileged order, clothed both with great political power, and enjoy- ing immense pecuniary advantages from their connectiou with the government. The modifications of the existing charter, proposed by this act, are not such, in my view, as make it consistent with the rights of the states, or the liberties of the people. The qualification of the right of the bank to hold rea. estate, the limitation of its power to establish branches, and the power reserved to Congress to forbid the circula- tion of small notes, are restrictions comparatively of little value or importance. All the objectionable princii)les ot" the existing corporation, and most of its odious features, are retained wnhout alleviation. The fourth section provides "that the notes or bills of the said corporation, although the same be, pn the faces thereof, respectively made payable at one place only, ihalJ, nevertheless, be received by the said corporation al VETO OV THE BANK BILL. 345 the baiirc, or at any of the offices of discount anci deposit thereof, if tendered in liquidation or payment of any balance or balances due to said corporation, or to such office of discount and deposit from any other incorporated bank." This provision secures to the state banks a legal privilege in the Bank of the United States, which is with- held from all private citizens. If a state bank in Phila- delphia owe the Bank of the United States, and have notes issued by the St. Louis Branch, it can pay the debt with those notes ; but if a merchant, mechanic, or other private citizen, be in like circumstances, he cannot by law pay his debt with those notes, but must sell them at a dis- count, or send them to St. Louis to be cashed. This boon conceded to the state banks, though not unjust in itself, is most odious, because it does not measure out equal justice to the high and the low, the rich and the poor. To the extent of its practical effect, it is a bond of union among the banking establishments of the nation, erecting them into an interest separate from that of the people, and its necessary tendency is to unite the Bank of the United States and the state banks, in any measure which may be thought conducive to their common interest. I'he ninth section of the act r-ecognises principles of worse tendency than any provision of the present charter. 11 enacts that the "cashier of the bank shall annually report to the Secretary of the Treasury the names of all stockholders who are not resident citizens of the United States; and on the application of the treasurer of any state, shall make out, and transmit to such treasurer a list of stockholders residing in, or r'lizens of such state, with the amount owned by each." Although this provision, taken in connection with a decision of the Supreme Court, surrenders, by its silence, the right of the states to tax the banking institutions created by this corporation, under the name of branches, through- out the Union, it is evidently intended to be construed as a concession of their right to lax that portion of the stock which may be held by their own citizens and residents. ill til. 3 light, if the act becomes a law, it will be under- stood by the states, who will probably proceed to levy a 11* 846 LIFE OF JACKSON. U'.x equal to that paid upon the stock of banks incoipo- rated by vhemselves. In some states that tax is now one {)t'r cent., either on ilie capital or on the shares ; and that may be assumed as the amount which all citizens or resident stockholders would be taxed under the operation of this act. As it is only the stock held in the slates, and not that employed within them, which would be subject to taxation, and as the names of foreign stockholders are not to be reported to the treasurers of the states, it is obvious that the stock held by them will be exempt from this burden. Their annual profits will, therefore, be increased one per cent, more than the citizen stockholders ; and as the annual dividends of the bank may be safely estimated at seven per cent., the stock will be worth ten or fifteen per cent, more to foreigners than to citizens of the United States. To appreciate the effect which this state of things will produce, we must take a brief review of the opera- tions and present condition of the Bank of the United States. By documents submitted to Congress at the present session, it appears that on the Isl of January, 1832, of the 28,000,(100 of private stock, in the corporation, 8,405,500 were held by fouMgners, mostly of Great Britain. The amount of stock held in the nine Western Slates is 140,200 dollars ; and in the four Southern Stales is 5,023,100 dollars; and in the Eastern and Middle Statt'S about 13,522,000 dollars. The profits of the bank in 1831, as shown in a statement of Congress, were about 3,455,5t)8 dollars; of this there accrued in the nine Western Slates about I,n40,04w dollars ; in the four South- ern States about 352,5l»7 dollars ; and in the Midtlle and Eastern Slates about 1,463,041 dollars. As little stock is held in the West, it is obvious that the debt of the people in that section to the bank is principally a debt to the Eastern and foreign stockholders ; that the interest they pay upon I" is carried into the Eastern Slates and iiilo Europe; and that it is a burden upon their industry, and a drain of the-r currency, which no country can bear with- out inconven.ence and occasional distress. To mei't this ouidrn, and equalize the exchange operations of the bank VETO OF TUK RANK BILL. 347 fhe amount of specie drawn from those stales, tlirouph its branches, within the last two years, as shown by its official reports, was about (),000,()0() dollars. More than half a million of this amount docs not stop in the Eastern States, but passes on to Europe, to pay the dividends to the foreign stockholders. In the principle of taxation re- cognised by this act, the western slates find no adequate compensaiion for this perpetual burden on their indus- try, and drain of their currency. The Branch Bank at Mobile made last year, 95,140 dollars; yet, under the provisions of this act, the state of Alabama can raise no revenue from these profitable operations, because not a share of the stock is held by any of her citizens. Mis- sissippi and Missouri are in the same condition in relation to the branches at Natchez and St. Louis, and such, in a greater or less degree, is the condition of every Western State. The tendency of the plan of taxation which this net proposes, will be to place the whole United States in the same relation to foreign countries which the Western States now boar the Eastern. When, by a lax on resident stockholders, the slock of this bank is made worth ten or fifteen per cent, more to foreigners than to residents, most of it will inevitably leave the country. Thus will this provision, in its practical efTect, deprive the Eastern as well as the Southern and Western stales of the means of raising a revenue from the extension of busi- ness and great profits of this institution. It will make the American people debtors to aliens, in nearly the whole aiuount due to this bank, and send across the Atlantic from two to five millions of specie every year, to pay the bank dividends. In another of its bearings, this provision is fraught with danger. Of che twenty-five directors of this bank, five are chosen by the goverument, and twenty by the citizen stockholders. From all voice in these elections, the fo- reign stockholders are excluded by the chart(>r. In pro- portion, therefore, as the stock is transferred to foreign holders, the extent of suffrage in the choice of directors ia curtailed. Already is almost a third of the stock in foreign hands, and not represented in elections, it is constantly 248 UFK or JACKSON. passing out of the country, and this act will accekrate its departure. The entire control of the institution would necessarily fall into the hands of a few citizen stock- holders, anc. the ease with which the object would be ac- complished, would be a temptation to designing men, to secure that control in their own hands, by monopolizing ihe remaining stock. There is danger that a president and directors would then be able to elect themselves from year to year, and without responsibility or control, manage the whole concerns of the bank during the existence of the charter. It is easy to conceive that great evils to our country and its institutions might flow from such a con- centration of power in the hands of a few men, irresponsi- ble to the people. Is there no danger to our liberty and independence in a bank, that, in its nature, has so little to bind it to our country ? The president of the bank has told us that most of the state banks exist by its forbearance. Should its influence become concentred, as it may under the operation of such an act as this, in the hands of a self- elected directory, whose interests are identified with those of the foreign stockholder, will there not be cause to trem- ble for the purity of our elections in peace, and for the indt pendence of our country in war ? Their power would be great whenever they might choose to exert it; but if this monopoly were regularly renewed every fifteen or twenty years, on terms proposed by themselves, they might seldom in peace put forth their strength to influence elections or control the affliirs of the nation ; but if any private citizen or public functionary should interpose to curtail its powers, or prevent a renewal of its privileges, •t cannot be doubted that he would be made to feel its influence. Should the stock of the bank principally pass into th hands of the subjects of a foreign countr}', and we should unfortunately become involved in a war with that country, what would be our condition ? Of the course which would br pursued by a bank almost wholly owned by the subjects of a ('''•eign power, and managed b)' those whose interests, ii uoi afleclions. would run in the same direction, there TBTO OF THE BANK BILL. 249 can be no doubt. All its operations within would be in aid of the hostile fleets and armies without. ControHi.. our currency, receiving our j^ublic moneys, and holding thousands of our citizens in dependence, il would be mon^ formidable and dangerous than the naval and military power of the enemy. If we must have a bank with private stockholders, every onsideration of sound policy, and every impulse of Ame- ican feeling, admonishes that it should be purely American, xts stockholders should be composed exclusively of our own citizens, who at least ought to be friendly to our governmeni, and willing to support it in times of difficulty and danger. So abundant is domestic capital, tbal com- petition in subscribing for the stock of local banks haa recently led almost to riots. To a bank exclusively of American stockholders, possessing the powers and pri- vileges granted by this act, subscriptions for two hundred millions of dollars could be readily obtained. Instead of sending abroad the stock of the bank, in which the govern ment must deposit its funds, and on which it must rely to sustain its credit in times of emergency, it would rather seem to be expedient to prohibit its sale to aliens, under penalty of absolute forfeiture. It is maintained by the advocates of the bank, that its constitutionality in all its features ought to be considered as settled by precedent, and by the decision of the Supreme Court. To this conclusion 1 cannot assent. Mere prece dent is a dangerous source of authority, and should not be regarded as deciding questions of constitutional power, except where the acquiescence of the people and the states can be considered as well settled. So far from this being the case on this subject, an argument against the bank might be based on precedent. One Congress, ia 1791, decided in favor of a bank ; another, in 1811, de- ;ided against it. One Congress, in IS I."), decided against a bank ; another, in !8 1(5, decided in its favor. Prior to the present Congress, therefore, the precedents drawn fron. that source were equal. If we resort to the states, the expressions of legislative, judicial, and executive opi- nions against the bank have been probably, to those in it* 260 LIFK OF JACKSON. favor, as four to one. There is nothing in precedent, therefore, which, if its aiithoritj were admitted, ought to weigh in favor of the act before me. If the opinion of the Supreme Court covered the who.c ground of this act, it ought not to control the co-ordinate authorities of this government. The Congress, the Execu- tive, and the Court, must each for itself be guided by its own opinion of the Constitution. Each pubhc officer who takes an oath to support the Constitution, swears that lie will support it as he understands it, and not as it is under- stood by others. It is as much the duty of the House of Representatives, of the Stmate, and of the President, to decide upon the constitutionality of any bill or resolution which may be presented to them for passage or approval, as it is of the Supreme .Judges, when it may be brought before them for judicial decision. The opinion of the Judges has no more authority over Congress than the opi- nion of Congress has over tlie Judges; and, on that point, the President is independent of both. The authority of the Supreme Court must not, therefore, be permitted to control the Congress or the Executive, when acting in their legislative capacities, but to have only such influence as the force of their reasoning may deserve. But, in the case relied upon, the Supreme Court have not decided that all the features of this corporation are compatible with the Constitution. It is true that the Court have said that the law incorporating the bank is a consti- tutional exercise of power by Congress. But, taking into view the whole opinion of the Court, and the reasoning by which they iiave come to that conclusion, I understand them to have decided that, inasmuch as a bank is an approi)riate means of carrying into effect the enumerated powers of the general government, therefore the law in- corporating it is in accordance with that provision of the Constitution which declares that Congress shall have power "to make all laws which shall be necessary and proper for carrying those powers into execution." Having satis- fied themselves that the word " necessary," in the Consti- tution, means "needful," "requisite," "essential," " con- 'icive to," and that "a bank" is a convenient, a useful. VKTO OF THE BANK BILL. 251 and essential instrumont in the prosecution of v. it goverrh ment's " fiscal oj)erations," they conclude that "to use one must be within the discretion of Confrri'ss;" and that "the act to incorporate the Bank of the United States, is a law made in pursuance of the Constitution." " But," say they, "where the law is not prohibited, and is reall}'^ calculated to efll-ct any of the objects intrusted to the government, to undertake here to inquire into the degree of its necessity, would be to pass the line which circumscribes the judicial department, and to tread on legislative ground." The principle here affirmed is, that "the degree of its necessity," involving all the details of a banking institu- tion, is a question exclusively for legislative consideration. A bank is constitutional ; but it is the province of the legislature to determine whether this or that particular power, privilege, or exemption, is "necessary and proper"' to enable the bank to discharge its duties to' the govern nient, and from their decision there is no appeal to the courts of justice. Under the decision of the Supreme Court, thenifore, it is the exclusive province of Congress and the President to decide, whether the particular features of this act are " necessary and proper," in order to enable the bank to perform conveniently and efficiently the public duties assigned to it as a fiscal agent, and therefore con- stitutional ; or unnecessary and improper, and therefore unconstitutional. Without commenting on the general principle affirmed by the Supreme Court, let us examine the details of this act, in accordance with the rule of legislative action which they have laid down. It will be found that many of the powers and privileges conferred on it cannot be supposed necessary for the purjjose for which it is proposed to be created, and are not, therefore, means necessary to attain the end in view, and consequently Qot justified by the Constitution. The original act of corporation, section twentj'-first, enacts "that no other bank shall b ? established by any future law of the United States, during the continuance of the corporation hereby created, fo- which" the faith of the United States is hereby pledged Frovided, Congress 252 l-IFE OF JACK60N. may i.-new existing charters for banks within the Disiricl of Ctfciimbia, not increasing the capital thereof, and may also e.jtablish any other bank or banks in said District, with uapilals not exceeding, in the whole, six millions of dollars, if they shall deem it expedient." This provision 15 continued in force, by the act before me, fifteen years from the 3d of March, 1836. If Congress possessed the power to establish one bank, they had power to establish more than one, if, in their opinion, iwo or more banks had been "necessary" to faci- litate the execution of the powers delegated to them by the Constitution. If they possessed the power to estabhsh a second Dank, it was a power derived from the Constitu- tion, to be exercised from time to time, and at any time when the interests of the country or the emergencies of the government might make it expedient. It was pos- sessed by one Congress as well as another, and by all Congresses alike, and alike at every session. But the Congress of 1810 have taken it away from their successors for twenty years, and the Congress of 1832 proposed to abolish it for fifteen years more. It cannot be " necessary" or "proper" for Congress to barter away, or divest them- selves of any of the powers vested in them by the Con- stitution, to be exercised for the public good. It is not "necessary" to the efficiency of the bank, nor is it "pro- per" in relation to themselves and their successors. They may properly use the discretion vested in them, but they may not limit the discretion of their successors. This restriction on themselves, and grant of a monopoly to the bank, is therefore unconstitutional. In another point of view, this provision is a palpable attempt to amend the Constitution by an act of legislation. The Constitution declares that " the Congress shall have power" to exercise exclusive legislation, in all cases what- soever, over the District of Columbia. Its constitutional power, therefore, to establish banks in the District of Co- lumbia, and increase their capitiil at will, is unlimited and uncontrollable by any other power than that which gave authority to' the Constitution. Yet this act declares thai '.loiigrv.ss shall rot increase ihe capital of e.x.'s ing biuiks TETO OF THE BANK BILL. 253 nor create other banks with capitals exceeding in tht whole six niilhons of dollars. The Constitution declares that Congress shall have power to exercise exclusive Jngislation over this district, "in all cases whatsoever ;" and this act declares they shall not. Which is the su- preme law of the land ? This provision cannot be '■^neces' sary,^^ or "proper," or constitutional, unless the absurdity be admitted, that whenever it be " necrssary and proper," n the opinion of Congress, they have a right to barter way one portion of the powers vested in them by the Constitution, as a means of executing the rest. On two subjects only does the Constitution recognise in Congress the power to grant exclusive privileges or mo- nopolies. It declares that "Congress shall have power to promote the progress of science and useful arts, by securing, for limited times, to authors and inventors, the exclusive right to their respective writings and dis- coveries." Out of this express delegation of power, have grown our laws of patents and copyrights. As the Con- stitution expressly delegates to Congress the power to grant exclusive privileges, in these casts, as the means of executing the substantive power "to promote the pro- gress of science and useful arts," it is consistent with the fair rules of construction to conclude, that such a power was not intended to be granted as a means of accomplish- ing any other end. On every other subject which come.s within the scope of congressional power, there is an ever- hving discretion in the use of proper means, which can- not be restricted or abolished without an amendment of the Constitution. Every act of Congress, therefore, which attempts, by grants of monopolies, or sale of exclusive privileges for a Hmited time, or a time without limit, to restrict or extinguish its own discretion in the choice of saeans to e.xecute its delegated powers, is equivalent to a legislative amendment of the Constitution, and palpably unconstitutional. This act authorizes and encourages transfers ofits stock ti> foreigners, and grants them an exemption from all state and na'ional taxation. So fur from bcin^; '• necessary propel ' that the bank should possess this power, to •iP'i LIFE OF JACKSOJr. it a safe and efficient agent of the government in us ^iscaJ operations, it is calculated to convert the Bank of the United States into a foreign bank, to impoverish our people in time of peace, to disseminate a foreign influ- ence through every section of the republic, and, in war, to endanger our independence. The several stales reserved the power, at the formation of the Constitution, to regulate and control titles and trans- fers of real pro[)erty ; and most, if not all of them, have laws disqualifying aliens from acquiring or holding lands within their limits. But this act, in disregard of the un- doubted right of the states to prescribe such disqualifica- tions, gives to aliens, stockholders in this bank, an interest and title, as members of the corporation, to all the real property it may acquire within any of the states of this Union. This privilege granted to aliens is not "neces- sary" to enable the bank to perform its public duties, nor in any sense "proper," because it is virtually subversive of the rights of the states. The government of the United States have no constitu- tional power to purchase lands within the states, except "for the erection of forts, magazines, arsenals, dock-yards, and other needful buildings," and even for these objects, only " by the consent of the legislature of the state in which the same shall be." By making themselves stock- holders in the bank, and granting to the corporation the power to purchase lands for other purposes, they assume a power not granted in the Constitution, and grant to others what they do not themselves possess. It is not necessary to the receiving, safe-keeping, or transmission of the funds of government, that the bank should possess this power, and it is not proper that Congress should thus enlarire the powers delegated to them in the Constitution. The old Bank of the United States possessed a capital of only eleven million of dollars, which was found fully sufficient to enable it, with despatch and safe' y, to per form all the functions required of it by the goi".rnment The capital of the present bank is thirty-five millions o dollars, at least twenty-four more than experience haa proved to be necessary to enable a bunk to perfoww v VETO OF THE BANK BILL. 255 public functions. The public debt which existed during the period of the old bank, and on the estabh'shment of .he new, has been nearly paid off, and our revenue will poon be reduced. This increase of capital is. therefore, not for public, but for private purposes. The government is the only " j)roper" judge where its agents should reside and keep their offices, because it best knows where their presence will be "necessary." It cannot, therefore, be "necessary" or "proper" to au- thorize the bank to locate branches where it pleases, to perform the public service without consulting the govern- ment, and contrary to its will. The principle laid down by the Supreme Court, concedes that Congress cannot establish a bank for purposes of private speculation and gain, but only as a means of executing the delegated powers of the general governinent. By the same princi- ple, a branch bank cannot constitutionally be established for other th.n public purposes. The power which this act gives to establish two branches in any state, without the injunction or request of the government, and for other than ])ublic purposes, is not " necessary" to the due exe- cution of the powers delegated to Congress. The bonus which is exacted from the bank, is a con- fession upon the face of the act, that the powers granted by it are greater than are " necessary" to its character of a fiscal a.gent. The government does not tax its officers and agents for the privilege of serving it. The bonus of a million and a half, required by the original charter, and that of three millions proposed by this act, are not exacted for the privilege of giving "the necessary facili- ties for transferring the jjubiic funds from place to place, within the United States or the territories thereof, and for distributing the same in payment of the public creditors, without charging commission, or claiming allowance on account of the difference of exchange," as required by the act of incorporation, but for something more beneficial to the stockholders. The original act declares, that it (the bonus) 's grants d " in consideration of the exclusive pri- vileges and benefits conferred by this act upon the said hank ;" and the act befor" me declares it to be " in con ^C UTK OF JACKSON. iiideration of the exclusive benefits and pri villages con- tinued by this act to the said corporation for fifteen years as aforesaid." It is, therefore, for "exclusive privileges and benefits," conferred for their own use and emolument, and not for the advantage of the government, that a bonus IS exacted. These surplus powers, for which the bank is required to pay, cannot surely be " necessary," to make It the fiscal agent of the treasury. If they were, the ex action of a bonus for them would not be " proper." It is maintained by some, that the bank is a mean* of executing the constitutional power "to coin money, and regulate the value thereof." Congress have eslab^'shed a mint to coin money, and passed laws to regula .e the value thereof. The money so coined, with its ralue so regulated, and such foreign coins as Congress may adopt, are the only currency known to the Constitution. But if they have other power to regulate the currency, it was conferred to be exercised by themselves, and not to be transferred to a corporation. If the bank be establishea for that purpose, with a charter unalterable without its consent. Congress have parted with their power for a term of years, during which the Constitution is a dead letter. It is neither necessary nor proper to transfer its legislative powers to such a bank, and therefore unconsti- tutional. By its silence, considered in connection with the de- cision of the Supreme Court, in the case of McCulloch against the State of Maryland, this act takes from the states the power lo tax a portion of the banking business carried on within their limits, in subversion of one of the strongest barriers which secured them against federal en- croachments. Banking, like farming, martifacturiiig, or any other occupation or profi'ssion, is a business, the right to follow which is not originally derived from the laws Every citizen, and every company of citizens, in all ol our stales, possessed the right, until the stale legislatures deemed it good policy to prohibit private banking by law If the prohibitory state laws were now repealed, every citizen would again po^^sess the right. The state bank *13 a qualified restoration of the right which has beer VETO OK THE BANK BILL 257 taken away by the laws against banking, guarded by such provisions and limitations as, in the opinion of the state legislatures, the j)ublic interest requires. These corpo- rations, unless there be an exemption in their charier, are, like private bankers and banking companies, subject to state taxation. The manner in which these taxes shall be laid, depends wholly on legislative discretion. It may e upon the bank, upon the slock, upon the profits, or in any other mode which the sovereign power shall will. Upon the formation of the Constiiuiion, the states guarded their taxing power with peculiar jealousy. They sur- rendered it only as it regards imports and exporis. In relation to every other subject within their jurisdiction, whether persons, property, business, or professions, it was secured in as amjile a manner as it was before possessed. All persons, though United Stales' officers, are liable to a poll lax by the stales wiihin which they reside. The lands of the United Slates are liable to the usual land tax, ex- cept in the new states, from whom agreements, that they will not lax unsold lands, are exacted when they are adiintled into the Union : horses, wagons, any beasts or vehicles, tools or property, belonging to private citizens, though employed in the service ol' the United Stales, are subject to Slate taxation. Every private business, whether carried on by an officer of the general government or not, whether it be mixed with public concerns or not, even if it be carried on by the government of the Utiiled Slates itself, separately or in partnership, falls wiihin the scope of ihe taxing power of the stale. Nothing comes more fully wiihin it than banks, and the business of banking, by whomsoever instituted and carried on. Over this whole subject-matter, it is just as absolute, unlimited, and uncon- trollable, as if the Constiuuion had never been adopted, because, in the formation of that instrument, it was reserved without qualification. The principle is conceded, that the states cannot right- fully tax the cperations of the general government. They cannot lax the money of the government deposited in ihe state banks, nor the agency of those banks in remitting it; L It will any man maintain that their mere sele'^.tioii to 238 LIFE OF JACKSON. perform this public service for the general govennnenl would exempt the state banks, and their ordinary business, from state taxation ? Had the United States, instead of establishing a bank at Philadelphia, employed p. private banker to keep and transmit their funds, would it have deprived Pennsylvania of the right to tax his bank and his usual banking operations ? It will not be pretended. Upon what principle, then, are the banking establishments of the Bank of the United States, and their usual banking operations, to be exempted from taxation ? It is not their public agency, or the deposits of the government, which the states claim a right to tax, but their banks and their banking powers, instituted and exercised within state jurisdiction for their private emolument — those powers and privileges for which they pay a bonus, and which the states tax in their own banks. The exercise of these powers within a state, no matter by whom or under what authority, whether by private citizens in their original right, by corporate bodies created by the slates, by foreign- ers, or the agents of foreign governments located within their limits, forms a legitimate object of state taxation. From this, and like sources, from the persons, property, and business, that are found residing, located, or carried on, under their jurisdiction, must the states, since the surrender of their right to raise a revenue from imports and exports, draw all the money necessary for the suppor of their governments, and the maintenance of their inde pendence. There is no more appropriate subject of taxa tion than banks, bankmg, and bank stock, and none t: which the states ought more pertinaciously to cling. It cannot be necessary to the character of the bank, as a fiscal agent of the government, that its private business should be exempted from that taxation to which all ih* stale banks are liable ; nor can I conceive it " proper" iha the substantive and most essential powers reservrd by the stales shall be thus attacked and annihilated as a means of executing the powers delegated to the general govern- ment. It may be siifely assumed that none of those sages who had an agency in forming or adopting our Consliiu- lion, t rer imagined that any portion of the tax'ng powe» VETO OF niK BWK BILL. 259 3f thi! States, not prohibited to them, nor delegated to Congress, was lo be swept away and annihilated, as a means of executing- certain powers delegated to Congress. If our power over means is so absolute, that the Supreme Court will not call in question the constitutionality of an act of Congress, the subject of which is "not prohibited, and is really calculated to t-fTect any of the objects intrusted to the government," although, as in the case before me, it takes away powers expressly granted to Congress, and rights scrupulously reserved to the states, it becomes ua to proceed in our legislation with the utmost caution. Though not directly, our own powers and the rights of the states may be indirectly legislated away in the use of means to execute substantive powers. We may not enact that Congress shall not have the power of exclusive legis- lation over the District of Columbia; but we may pledge the faith of the United States, that, as a means of execut- ing other powers, it shall not be exercised for twenty years, or for ever! We may not pass an act prohibiting the states to tax the banking business carried on within their limits; but we may, as a means of executing our powers ov»-r other objects, place that business in the hands of our agents, and then declare it exempt from state taxation in lh^;ir hands ! Thus may our own powers, and the rights oi the states, which we cannot directly curtail or invade, be frittered away and extinguished in the use of means employed by us to execute other powers. That a Bank ot" the United States, competent to all the duties which may be required by the government, might be so organized as not to infringe on our own delegated powers, or the reserved rights of the states, I do not entertain a doubt. Had the Executive been called upon to furnish the pro- ject of such an institution, the duty would have been cheerfully performed. In the absence of such a call, it ivas obviously proper that he should confine himself to j^ointingout tlicse prominent features in the act presented, which, in his opinion, make it inconijiatible with the Ccu- sii'.ulion and sound policy. A general discussion will no»v take place, eliciting new light, and settling important principles ; and a new- Congress, elected in the midst 9^ 286 LIFE OF JACKSON. Buch discussion, and furnishing an equal representation of the people, according to the last census, will bear to the Capitol the verdici of public opinion, and, I doubt not. bring this important question to a satisfactory result. Under such circumstances, the bank comes forward and asks a renewal of its charter for a term of fifteen years, upon conditions which not only operate as a gratuity to the stockholders, of many millions of dollars, but will sanction any abuses, and legalize any encroachments. Suspicions are entertained, and charges are made, cf gross abuse and violation of its charter. An investigation, unwillingly conceded, and so restricted in time as neces- sarily to make it incomj:)lete and unsatisfactory, disclosed enough to excite suspicion and alarm. In the practices of the , ''ncipal bank, partially unveiled in the absence of important witnesses, and in numerous charges confi- dently made, and as yet wholly uninvestigated, there was enough to induce a majority of the committee of investiga tion. a committee which was selected from the most able and honorable members cf 'he House of Representatives, lO recommend a suspens'on of farther action upon the bill, and a prosecution of ihe inquiry. As the charter had yet four years to run, and as a renewal now was not necessary to the successful prosecution of its business, it was to have been expected that the bank itself, conscious of its purity, and proud of its character, would have with- drawn its ap{)lication for the present, and demanded the severest scrutiny into all its transactions. In their de- clining to do so, there seems to be an additional reason why the functionaries of the government should proceed with less haste, and more caution, in the renewal of their mo- nopoly. The bank is professedly established as an agent of the executive branches of the government, and its conslitu- lionality is maintained on that ground. Neither upon the proi^riety :)f present action, nor upon the provisions of this act, was the Executive consulted. It has had no opportu- nity to say, that it neither needs nor wants an agent clothed w'.h such powers, and favored by such exemptions. Thei if. nolhincf in its lefntimate functions which makes it neceii VETO OF THE BANK BILL. 261 sary or pioper. Whatever interest or influence, whether public or private, has given birth to this act, it cannot be found eillier in the wishes or necessities of the Executive Department, by which present action is deemed premature, and the powers conferred upon its agent not only unneces- sary, but dangerous to the government and country. It IS to be regretted that the rich and powerful too often bend the acts of government to their selfish purposes. Distinctions in society will always exist under every just government. Equality of talents, of education, o: of wealth, cannot be produced by human institutions. In the full enjoyment of the gifts of Heaven, and the fruits of supe- rior industry, economy, and virtue, every man is equally c.-nl^tled to protection by law. But when the laws under- take to add to these natural and just advantages artificial distinctions — to grant titles, gratuities, and exclusive pri- vileges — to make the rich richer, and the potent more powerful — the humble members of society, the farmers, mechanics, and laborers, who have neither the time nor the means of securing like favors to themselves, have a right to complain of the injustice of their government. There are no necessary evils in government. Its evils exist only in its abuses. If it would confine itself to equal protection, and, as Heaven does its rains, shower its favors alike on the high and the low, the rich and the poor, it would be an unqualified blessing. In the act before me there seems to be a wide and unnecessary departure from these just princijiles. Nor is our government to be maintained, or our Union preserved, by invasions of the rights and powers of the several states. In thus attempting to make our general government strong, we make it weak.. Its true strength consists in leaving individuals and states, as much as pos ibie, to themselves ; in making itself felt, not in its power but in its beneficence — not in its control, but in its jirotec- tion — not in binding the states more closely to the centre, but leaving each to move, unobstructed, in its proper orbit. Experience should teach us wisdom. Most of the dif- ficulties our government now encounters, and mo.U of the ianger? vvh;'ch impend over our Union, have sprung fron' 12 262 LIFB OF JACKSOV. an abandonment of the legitimate objects of government by our national legislation, and the adoption of such prin- ciples as are imbodied in this act. Many of our lich men have not been content with equal protection and equal benefits, but have besought us to make them richer by acts of Congress. By attempting to gratify their desu'es, we have, in the results of our legislation, arrayed section against section, interest against interest, and man against man, in a fearful commotion, which threatens to shake the foundations of our Union. It is time to pause in our career, to review our principles, and, if possible, revive that devoted patriotism, and spirit of compromise, which distinguished the sages of the Revolution and the fathers of our Union. If we cannot, at once, in justice to inte- rests vested under improvident legislation, make our go- vernment what it ought to be, we can, at least, take a stand against all new grants of monopolies and exclusive privileges, against any prostitution of our government to the advancement of the few at the expense of the many, and in favor of compromise and gradual reform in our code of laws and system of political economy. 1 have now done my duty to my country. If sustained by my fellow-citizens, I shall be grateful and happy : if not, I shall find in the motives which impel me, ample grounds for contentment and peace. In the difficulties which surround us, and the dangers which threaten our institutions, there is cause for neither dismay or alarm. For relief and deliverance, let us firmly rely on that kind Providence which, I am sure, watches with peculiar care over the destinies of our republic, and on the intelligence and wisdom of our countrymen. Through His abundant goodness, and their patriotic devotion, our libes y and Union will be preserved. PROCLAMATION. *6 Proclamathon on the Nullijicalion Question. — December 11, 1832. Wheekas, a Convention assembled in the State of South Carolina, having passed an ordinance by which they declare, "That the several acts and parts of acts of the Congress of the United States, purporling to be laws for the imposing of duties and imposts on the importation of foreign commodities, and now having actual operation and effect within the United States, and more especially," two acts for the same purpose, passed on the 29th of May, 1(528, and on the 14lh of July, l!S:}2, "are unauthorized by the Constitution of the United States, and violate the true meaning and intent thereof, and are null and void, and no law," nor binding on the citizens of that state or its officers: and by the said ordinance, it is further de- clared to be unlawful for any of the constituted authorities of the state, or of the United States, to enforce the payment of the duties imposed by the said acts within the same state, and that it is the duty of the legislature to pass such laws as may be necessary to give full effect to the said ordinance : And whereas, by the said ordinance, it is further or- dained, that in no case, of law or equity, decided in the courts of said state, wherein shall be drawn in question the validity of the said ordinance, or of the acts of the legislature that may be passed to give it eff'ect, or of the said laws of the United States, no appeal shall be allowed to the Supreme Court of the United States, nor shall aii\ copy of the record be permitted or allowed for that pur pose, and that any person attempting to take such appeal shall be punished as for a contempt of court : And, finall3% the said ordinance declares, that the people 91 South Carolina will maintain the said ordinance at everv Hazard ; and that iliey will consider the passage of any 264 LIFE OF JACK80S. act by Congress, abolishing or closing the ports of the said state, or otherwise obstructing the free ingress or egress of vessels to and from the said ports, or any other act of the federal government to coerce the state, shut up her ports, destroy or harass her commerce, or to enforce the said acts otherwise than through the civil tribunals of the country, as inconsistent with the longer continuance of South 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 connection with the people of the other states, and will forthwith proceed to organize a separate govern- ment, and do all other acts and things which sovereign and independent slates may of right do : And whereas, the said ordinance prescribes to the people of South Carolina a course of conduct, in direct violation of their duty as citizens of the United States, contrary to the laws of their country, subversive of its Constitution, and having for its object the destruction of the Union — that Union, which, coeval with our political existence, led our fathers, without any other lies to unite them than those of patriotism and a common cause, through a sanguinary struggle to a glorious independence — that sacred Union, hitherto inviolate, which, perfected by our happy Constitution, has brought us, by the favor of Heaven, to a slate 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 de- struction, to maintain inviolate this state of national honor and prosperity, and to justify the confidence my fellow- citizens have reposed in me, I, Andrew Jackson, Presi- dent of the United Slates, have thought proper to issue this my Proclamcdion, stating my views of the Constitu- tion and laws applicable to the measures adopted by the Convention of South Carolina, and to the reasons they have put forth to sustain them, declaring the course which duty will require me to pursue, and, appealing to the unaerstanding and patriotism of the |)eople, warn them of the consequences that must inevitably result from an oU- servance of the dictatr'S of the Conv'-nlion. PROCLAMATION. 265 Strict duty « ould require of me nothing- mort- than th* exercise of those powers with which I am now, or miy hereafter be invested, for preserving the peace of the Union, and for the execution of the laws. But the imposing aspect which opposition has assumed in this case, by clothing itself with state authority, and the deep interest which the people of the United Slates must all feel in »>reventing a resort to stronger measures, while there is a nope that any thing will be yielded to reasoning and remon- strance, perhaps demand, and will certainl}' justify, a full exposition to South Carolina and the nation, of the views 1 entertain of this important question, as well as a distinct enunciation of the course which my sense of duty will require me to pursue. The ordinance is founded, not on the indefeasible right of resisting acts which are plainly unconstitutional and too oppressive to be endured ; but on the strange position that any one state may not only declare an act of Congress void, but prohibit its execution ; that they may do this consistently with the Constitution ; that the true construc- tion of that instrument permits a state to retain its place in the Union, and yet be bound by no other of its l?.w.i than it may choose to consider constitutional. It is true, they add, that to justify this abrogation of a law, it must be palpably contrary to the Constitution ; but it is evident, that to give the right of resisting laws of that description, coupled with the uncontrolled right to decide what laws deserve that character, is to give the power of resisting all laws. For, as by the theory, there is no appeal, the reasons alleged by the stale, good or bad, must prevail. If it should be said that public opinion is a sufficient check against the abuse of ihis power, it m.ay be asked why it is not deemed a sufficient guard against the pas- sage of an unconstitutional act by Congress. There is, however, a restraint in this last case, which makes the assumed power of a state more indefensible, and which does not exist in the other. There are two appeals from an unconstitutional act passed by Congress — one to the judiciary, the other to the people and the states. There is no appeal fTom the state decision in theory and '.a* 266 LIFE OF JACKSON. practical illustration shows that the courts are closed ugajiisl an application to review it, both judge and jurora beinsj sworn to decide in its favor. But reasoning on lliis subject is superfluous, when our social compact in express terms declares, that the laws of the United Stales, its Consiiiuiion and treaties made under 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 Constitution or laws of any state to the contrary notwithstandmg." And it may be asserted without fear of refutation, that no federative government could exist without a similar piovision. Look for a moment to the consequences. If South Carolina considers the revenue laws unconstitutional, and has a right to prevent their execution in the port of Charleston, there would be a clear constitutional objection to their collection in every other port, and no revenue could be collected anywhere ; for all imposts must be equal. It is no answer to repeat, that an unconstitutional law is no law, so long as the ques- tion of its legality is to be dtcided by the state itself; for every law operating injuriously upon any local interest, will be perhaps thought, and certainly represented, as un- constitutional, and, as has been shown, there is no appeal. If this doctrine had been established at an earlier day, the Union would ha^e been dissolved in its infancy. The excise law in Pennsylvania, the embargo and non-inter- course law in the Eastern States, the carriage tax in Vir- ginia, were all deemed unconstitutional, and were more unequal in their operation than any of the laws now com- plauied of; but lortunately 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 dig- nity of the nation and the rights of our citizens, might have ended in defeat and disgrace, instead of victory and honor, il the slates who sujiposed it a ruinous and uncori- atitutional measure, hud thought they possessed the right of nullifying the act by which il was declared, and deny- ing supplies lor its prosecution. Hardly and unequally us those measures bore upon several members of the Union, tQ the legislatures o' none did this ellicient ap be a free port in one state and one- siua duties in another' No one believes that any right PROULAMATION. 279 exiFts m a single state to involve all the others in these and countless other evils, contrary to engagements solemn- ly made. Every one must see that the other states, in self-defence, must oppose it at all hazards. These are the alternatives that are presented by the Convention ; a repeal of all the acts for raising revenue, leaving the government without the means of support; or Hn acquiescence in the dissolution of our Union by the secession of one of its members. When the first was proposed, it was known that it could not be listened to for a moment. It was known if force was applied to oppose the execution of the laws, that it must be repelled by force — that Congress could not, without involving itself in dis- grace and the country in ruin, accede to the proposition ; and yet if this is done on a given day, or if any attempt IS made to execute the laws, the state is, by the ordinance, declared to be out of the Union. The majority of a Convention assembled for the purpose, have dictated these terms, or rather its rejection of all terms, in the name of the people of South Carolina. It is true that the Governor of the state speaks of submission of their grievances to a Convention of all the states ; which he says they " sincerely and anxiously seek and desire." Yet this obvious and constitutional moJe of obtaining the sense of the other slates on the construction of the federal compact, and amending it, if necessary, has never been attempted by those who have urged the state on to this destructive •neasure. The slate might have proposed the call for a general Convention to the other states ; and Congress, if a sufficient number of them concurred, must have called it. But the first magistrate of South Carolina, when he ex- pressed a hope that, " on a review by Congress and the "unciionaries of the general government of the merits of the controversy," such a Convenlion will be accorded to ihem, must have known that neither Congress nor any functionary of the general government has authority to call such a Convenlion, unless it be demanded by two-thirds of the states. This suggestion, then, is another instance of a reckless inattention to the provisions of the Constitu- tion wit's which this crisis has been madly hurries on; or 280 LIFE OF JACKSON. ot the attempt vo persuade the people that a constitutional remedy liad been sought and refused. If the legislature of South Carolitia "anxiously desire" a general Conven- tion to consider iheir complaints, why have they not made application for it in the way the Constitution points out? The assertion that they "earnestly seek it" is completely negatived by the omission. This, then, is the position in which we stand. A small majority of the citizens of one state in the Union have elected delegates to a State Convention ; that Convention has ordained that all the revenue laws of the United States must be repealed, or that they are no longer a member of the Union. The Governor of that state has recommended to the legislature the raising of an army to carry the seces- sion into effect, and that he may be empowered to give clearances to vessels in the name of the state. No act of violent opposition to the laws has yet been committed, but 5uch a state of things is hourly apprehended, and it is the intent of this instrument to proclaim not only the duty imposed on me by the Constitution " to take care that the laws be faithfully executed," shall be performed to the extent of the powers already vested in me by law, or of such others as the wisdom of Congress shall devise and intrust tome for thai purpose; but to warn the citizens of South Carolina, who have been deluded into an oppo- sition to the laws, of the danger they will incur by obe- dier.ce to the illegal and disorganizing ordinance of the Convention — to exhort those who have refused to support it, to persevere in their determination to uphold the Con- stitution and lavy all constitutional means — to arrest, if possible, by moderate but firm measures, the necessity of a recourse to force; and if it be the will of Heaven that the recurrence of i'.is primeval curse on man A>r the shed ding of a brother's biood should fall upon our land, that ii be not called down by any odt.'nsive act on the part oi tho ''Jnitt-d States. Fellow-citizens ! The momentous case is before you 13 2GM LTFE OF JACKSON. On your undivided support of your government depends tlie decision of the great question it involves, whelheT your sacred Union will be preserved, and the blessing it secures to us as one people shall be perpetuated. No one can doubt that the unanimity with which that decision will be expressed, will be such as to inspire new con- fidence in republican institutions, and that the j)rudence, ihe wisdom, and the courage which it will bring to their defence, will transmit them unimpaired and invigorated io our children. May the Great Ruler of nations grant that the signal b'essings with which He has favored ours, may not, by *he madness of party or personal ambition, be disregarded and lost; and may Hij wise Providence bring those who have produced this crisis, to see the folly, before they feel fhe misery of civil strife ; and inspire a returning venera- t'on for that Union, which, if we may dare to penetrate His designs, he has chosen as the only means of attaining tho high destinies to which we may reasonably aspire. niorKrr. 287 Extra:tsJ. om President Jackson g Protest against iht Action of Iha United Stales Senate.— Ai>nl 15, 1834. REASONS FOR THE PROTEST. It appears by the published journal of the Senate, that on the 2Hth of December last, a resolution was offered by a member of the Senate, which, after a protracted debate, was on the 28lh day of March last modified by the mover, and passed by the votes of twenty-six senators out of forty- six, who were present and voted, in the following words, viz. : " Resolved, That the President, in the late executive proceedino- in relation to the public revenue, has assumed upon himself authority and power not conferred by the Constitution and laws, but in d^^rogation of both." Having had the honor, throucrh the voluntary suffrages of the American people, to fill the office of President of the United States, during the period which may be pre- sumed to have been referred to in this resolution, it is sufficiently evident, that the censure it inflicts was intended for myself. Without notice, unheard and untried, I thus find myself charged on the records of the Senate, and in a form hitherto unknown in our history, with the high crime of violating the laws and Constitution of my country. It can seldom be necessary for any department of the government, when assailed in conversation, or debate, or by the strictun s of the press or of popular assemblies, to ■•tep out of its ordinary path for the purpose of vindicating its conduct, or of pointing out any irregularity or injustice in the manner of the attack. But when llie Chief Execu- tive Magistrate is, by one of the most im[)ortant branches of the government, in its official capacity, in a pubiifl manner, and by ite recorded sentence, hut without prece 288 LinS OF JACKSON. flent, competent authority, or just cause, declared guilty (A the breach of the laws and Constitution, it is due to his station, to public opinion, and to proper self-respect, that the officer thus denounced should promptly expose the wrontr which has been done. In the present case, moreover, there is even a strongei necessity ror such a vindication. By an express provision of the Constitution, before the President of the United States can enter on the execution of his office, he is required to take an oath or affirmation, in the following words : •'I do solemnly swear (or aflirm) that I will faithfully execute the office of President of the United States ; and will, to the best of my ability, preserve, protr? day's delay on our part Avill be a stain upon our national honor, as well as a denial of justice to our injured citizens. Prompt measures, when the refusal of France shall be complete, will not only be most honoriible and just, but will have the best effect upon our national character. Since France, in violation of the pledges given through her minister here, has delayed her final action so long that her decision will not probably be known in time to be communicated to this Congress, I recommend that a law be passed authorizing reprisals upon French property, in case provision shall not be made for the payment of the debt at the approaching session of the French chambers. Such a measure ought not to be considered by France as a menace. Her pride and power are too well known to expect any thing from her fears, and preclude the neces- sity of a declaration that nothing partaking of the charac- ter of intimidation is intended by us. She ought to look upon it only as the evidence of an infle.xible determination on the part of the United States to insist on their rights. That government, by doing only what it has itself acknow- ledged to be just, will be able to spare the United States the necessity of taking redress into their own hands, and save the property of French citizens from that seizure and sequestration which American citizens so long endured without retaliation or redress. If she should continue to refuse that acknowledged justice, and, in violation of the law of nations, make reprisals on our part the occasion of hostilities against the United States, she would but add violence to injustice, and could not fail to expose herself to the just censure of civilized nations, and to the retribu- tive judgments of Heaven. Collision with France is the more to be regretted, on account of the position she occupies in Europe in relation to liberal institutions. But, in maintaining our national rights and honor, all governments are alike to us. If, by a collision, in a case where she is clearly in the wrong, the march of liberal principles shall be impeded, the re- sponsibility for that result, as well as every other, \vil] rest on her own head. J SIXTH ANNUAL MESSAGE. 821 Having submitted these considerations, it belongs to Congress to decide whether, after what has taken place, it will still await the further action of the French cham- bers, or now adopt such provisional measures as it may deem necessary, and best adapted to protect the rights and maintain the honor of the country. Whatever that decision may be, it will be faithfully enforced by the exe- cutive, as far as he is authorized so to do. According to the estimates of the treasury department, the revenue accruing from all sources, during the present year, will amount to twenty millions six hundred and twenty-four thousand seven hundred and seventeen dol- lars, which, with the balance remaining in the treasury on the 1st of January last, eleven millions seven hundred and two thousand nine hundred and five dollars, produces an aggregate of thirty-two millions three hundred and twenty-seven thousand six hundred and twenty-three dol- lars. The total expenditure during the year for all ob- jects, including the public debt, is estimated at twenty -five milhons five hundred and ninety-one thousand three hun- dred and ninety dollars, which will leave a balance in the treasury on the 1st of January, 1835, of six millions seven hundred and thirty-six thousand two hundred and thirty- two dollars. In this balance, however, will be included about one million one hundred and fifty thousand dollars of what was heretofore reported by the department as not eflfective. Of former appropriations it is estimated that there will remain unexpended at the close of the year, eight millions and two thousand nine hundred and twenty-five dollars, and that of this sum there will not be required more than five millions one hundred and forty-one thousand nine hundred and sixty-four dollars, to accomplish the objects of all the current appropriations. Thus it appears that, after satisfying all those appropriations, and after discharg- ing the last item of our public debt, which will be done on the 1st of January next, there will remain unexpended in the treasury an effective balance of about four hundred and forty thousand dollars. That such should be the as pect of our finances, is highly llattering to the industry 822 LIFE OF JACKSOIf. and enterprise of our population, and auspicious of the wealth and prosperity wliich await the future cultivation of their growing resources. L is not deemed prudent, however, to recommend any change for the present in our impost rates, the eftect of the giadual reduction now in progress in many of them not being sufficiently tested to guide us in determining the precise amount of revenue which they will produce. Free from public debt, at peace with all the world, and with no complicated interest to consult in oui* intercourse with foreign powers, the present may be hailed as that epoch in our history the most favorable for the settlement of those principles in our domestic policy which shall be best calculated to give stability to our republic, and secure the blessings of freedom to our citizens. Among these principles, from our past experience it can not be doubted that simplicity in the character of the federal government, and a rigid economy in its administration, should be re- garded as fundamental and sacred. All must be sensible that the existence of the public debt, by rendering taxa- tion necessary for its extinguishment, has increased the difficulties which are inseparable from every exercise of the taxing power; and that it was, in this respect, a re- mote agent in producing those disturbing questions which grew out of the discussions relating to the tariff. If such has been the tendency of a debt incurred in the acquisi- tion and maintenance of our national rights and liberties, the obligations of which all portions of the Union cheer- fully acknowledged, it must be obvious that whatever is calculated to increase the burdens of government without necessity, must be fatal to all our hopes of preserving its true character. While we are felicitating ourselves, there- fore, upon the extinguishment of the national debt, and the prosperous state of our finances, let us not be tempted to depart from those sound maxims of public policy, which enjoin a just adaptation of the revenue to the expenditures that are consistent with a rigid economy, and an entire abstinence from all topics of legislation that are not clear- ly within the constitutional powers of the government, and suggested by ihe wants of the country. Properly regard- SIXTH ANNUAL MESSAGE. 828 ed under such a policy, every diminution of the public burdens, nrisino- from taxation, oives to individual enter- prise increased power, and furnishes to all tlie members of our happy confederacy new motives for patriotic afi'ec- tion and support But, above all, its most important eflfect will be found in its influence upon the character of the government, by confining its action to those objects which will be sure to secure to it the attachment and sup- port of our fellow-citizens. Circumstances make it my duty to call the attention of Congress to the bank of the United States. Created for the convenience of the government, that institution has become the scourge of the people. Its interference to postpone the payment of a portion of the national debt, that it might retain the public money appropriated for that purpose, to strengthen it in a political contest; the extraordinary extension and contraction of its accommo- dations to the community; its corrupt and partisan loans; its exclusion of the public directors from a knowledge of its most important proceedings; the unlimited authority conferred on the president to expend its funds in hiring writers, and procuring the execution of printing, and the use made of that authority; the retention of the pension money and books after the selection of new agents; the groundless claim to heavy damages, in consequence of the protest of the bill drawn on the French government, have, through various channels, been laid before Conoress. Im- mediately after the close of the last session, the bank, through its president, announced its ability and readiness to abandon the system of unparalleled curtailment, and the interruption of domestic exchanges, which it had prac- tised upon from the 1st of August 1838, to the 3Uth of June, 1834, and to extend its accommodations to the com- munity. The grounds assumed in this renunciation amounted to an acknowledgment that the curtailment, in the extent to which it had been carried, was not necessa- ry to the safety of the bank, and had been persisted in merely to induce Congress to grant tiie prayer of the bank in \ts memorial relative to the removal of the depo- sites, and to give it a new charter. They were substan- 824 LIFE OF JACKSOK. tially a confession that all the real distresses which indi- viduals and the country had endured for the priceding six or eight months had been needlessly produced by it, with the view of affecting, through the sufferings of the people, the legislative action of CongTCss. It is a subject of congratulation that Congress and the country had the virtue and firmness to bear the affliction ; that the ener- gies of our people soon found rehef from this wanton tyr- ranny, in vast importations of the precious metals from almost every part of the world : and that, at the close of this tremendous effort to control our government, the bank found itself powerless, and no longer able to loan out its surplus means. The community had learned to man- age its affairs without its assistance, and trade had already found new auxiliaries; so that, on the 1st of October last, the extraordinary spectacle was presented of a national bank, more than one half of whose capital was either lying unproductive in its vaults, or in the hands of foreign bank- ers. To the needless distresses brought on the country dur- ing the last session of Congress has since been added the open seizure of the dividends on the pubhc stock, to the amount of one hundred and seventy thousand and forty- one dollars, under pretence of paying damages, cost, and interest, upon tl>e protested French bill. This sum con- stituted a portion of the estimated revenues for the year 1834, upon which the appropriations made by Congress were based. It would as soon have been expected that our collectors would seize on the customs, or the receivers of our land offices on tl>e moneys arising from the sale of public lands, under pretences of claims against the United IStates, as that the bank would have retsiined the divi- dends. Indeed, if the principle be established tliat any one who chooses to set up a claim against the United States may, witliout authority of law, seize on the public pniperty or money wherever he can find it, to pay the claim, there will remain no assurance that our revenue will reach the treasury, or that it will bo a[)[)lied after the appropriation to the purposes designated in the law. The paymasters of our aiiny and the j)ursers of our navy, may. •IXTU ANNUAL MESSAOE. 325 under like pretences, apply to their own use moneys ap- propriated to set in motion the public force, and in time of war leave the country without defence. This measure resorted to by the bank is disorganizing and revoUitiona- rv, and, if generally resorted to by private citizens in like cases, would fill the land with anarchy and violence. It is a constitutional provision, that " no money shall be drawn from the treasury but in consequence of appropri- ations made by law." The palpable object of this provi- sion is to prevent the expenditure of the public money for any purpose whatsoever, which shall not have been first approved by the representatives of the people and the states in CongTCSs assembled. It vests the power of declaring for what purpose the public money shall be ex- pended in the legislative department of the government, to the exclusion of the executive and judicial, and it is not within the constitutional authority of either of those de- partments to pay it away without law, or to sanction its payment According to this plain constitutional provi- sion, the claim of the bank can never be paid without an appropriation by act of Congress. But the bank has never asked for an appropriation. It attempts to defeat the provisions of the constitution, and obtain payment without an act of Congress. Instead of awaiting an ap- propriation passed by both house.s, and approved by the president, it makes an appropriation for itself, and invites an appeal to the judiciary to sanction it That the money has not technically been paid into the treasury, does not affect the principle intended to be estabhshed by the con- stitution. The executive and judiciary have as little right to appropriate and expend the public money without au- thority or law, before it is placed to the credit of the trea- surer, as to take it from the ti-easur}'. In the annual report of the secretary of the ti'easury, and in his corre- 6j)ondence with the president of the bank, and the opi- nion of the attorney-general accompanying it, you will find a further examination of the claim of the bank, and the course it has pursued. It sef ms due to the safety of the public funds remain- rag in that bank, and to the honor of the American peo S26 LIFE OF JACKSON. pie, that measures be taken to separate the goveinnient entirely from an institution so mischievous to the public prosperity, and so regardless of the constitution and laws. By transferring the public deposites, by appointing other pension agents, as far as it had the power, by ordering the discontinuance of the receipt of bank checks in pay- ment of the public dues after the first day of January next, the executive has exerted all its lawful authority to sever the connexion between the government and thia faithless corporation. The high-handed career of this institution imposes upon the constitutional functionaries of this government, duties of the gravest and most imperative character — duties Avhich they can not avoid, and from which I trust there Avill be no inclination on the part of any of them to shrink. My own sense of them is most clear, as is also my readi- ness to discharge those which may rightfully fall on me. To continue any business relations with the bank of the United States, that may be avoided without a violation of the national faith, after that institution has set at open defiance the conceded right of the government to examine its affairs ; after it has done all in its power to deride the public authority in other respects, and to bring it into disrepute at home and abroad ; after it has attempted to defeat the clearly expressed will of the people, by turning against them the immense power intrusted to its hands, and by involving a country otherwise peaceful, flourish- ing, and happy, in dissension, embarrassment, and dis- tress; would make the nation itself a party to the degra- dation so sedulously prepared for its public agents, and do much to destroy the confidence of mankind in popular governments, and to bring into contempt their authority and efficiency. In guarding against an evil of such mag- nitude, considerations of temporary convenience should be thrown out of the question, and we should be influ- enced by such motiv(^s only as look to the honoi- and pre- servation of the republican system. Deeply and solemnly impressed with the justice of these views, I feel it to be my duty to recommend to you that a law be passed au- thorizing tin sale of the public stock; that the provisions 8IXTH ANNUAL MflSSAUE. 827 of the charter requiring the receipt of notes of the bank in pa/nient of public dues, shall, in accordance with the power reserved to Congress in the 14th section of the charter, be suspended until the bank pays to the treasury tlie dividends withheld; and that all laws, connecting the government or its othcers with the bank, dii-ectly or indi- rectly, be repealed ; and that the institution be left here- after to its own resources and means. Events have satisfied my mind, and I think the minds of the American people, that the mischiefs and dangers which flow from a national bank far overbalance all its advantages. The bold effort the present bank has made to control the government, the distresses it has wantonly produced, the violence of which it has been the occasion in one of our cities famed for the observance of law and order, are but premonitions of the fate which awaits the American people, should they be deluded into a perpetua- tion of this institution, or the establishment of another like it. It is fervently hoped that, thus admonished, those who have heretofore favored the establishment of a sub- stitute for the present bank, will be induced to abandon it, as it is evidently better to incur any inconvenience that may be reasonably expected, than to concentrate the whole moneyed power of the repubhc, in any form what- soever, under any restrictions. Happily, it is already illustrated that the agency of such an institution is not necessary to the fiscal operations of the government. The state banks are found fully ade- quate to the performance of all services which were re- quired of the bank of the United States, quite as promptly and with the same cheapness. They have maintained themselves, and discharged all these duties, while the bank of the United States was still powerful, and in the field as an open enemy; and it is not possible to perceive that they will find greater difficulties in their operations when that enemy shall cease to exist The attention of Congress is earnestly inv ted to tlu regulation of the deposites in the state banks by law. Al though the power now exercised by the executive depart- 326 Line OF JACKSON. raent in this behalf, is only such as was uniformly exerted through every administration, from the origin of the gov- ernment up to the establislmient t f tlie present bank, yet *t is one which is susceptible of regulation by law, and iherefore ought so to be regulated. The power of Con- gress to direct in what places the treasurer shall keep the moneys in the treasury, and to impose restrictions upon the executive authority in relation to their custody and removal, is unlimited, and its exercise will rather be court- ed than discouraged by those public officers and agents on whom rests the responsibility for their safety. It is desirable that as little power as possible should be left to the president or secretary of the treasury over those insti- tutions which, being thus freed from executive influence, and without a common head to direct their operations, would have neither the temptation nor the ability to inter- fere in the political conflicts of the country. Not deriving their charters from the national authorities, they would never have those inducements to meddle in general elec- tions which have led the bank of the United States to agitate and convulse the country for upward of two years. Ihe progress of our gold coinage is creditable to the officers of the mint, and promises in a short period to fur- nish the country with a sound and portable currency, which will much diminish the inconvenience to travellers of tlie want of a general paper currency, should tlie state banks be incapable of furnishing it. Those institutions have already shown themselves competent to purchase and furnish domestic exchange for the convenience of trade, at reasonable rates, and not a doubt is entertained that in a short period, all the wants of the countiy, in bank accommodations and in exchange, will be supplied as promptly and cheaply as they have heretofore been by the bank of the United States. If the several states shall be induced gradually to reform their banking systems, and prohibit the issue of all small notes, we shall, in a few years, have a currency as sound, and as little liable to fluctuations, as any other commercial country. The report of the secretary of war, together with ao* SULTH ANNUAL MESSAGE. 329 eompanying documents from tlie several bureaus of tlia departraeiil will exhibit the situation of the various objects committed to its administration. No event has occurred since your last session, render- ing necessary any movements of the army, with the ex- ception of the expedition of the regiment of dragoons into the territory of the wandering and predatory tribes inha- biting the western frontier, and hving adjacent to the Mexican boundary. These tribes have been heretofore known to us principally by their attacks upon our ow^n citizens, and upon other Indians entitled to tlie protection of the United States. It became necessary for the peace of the frontiers, to check these habitual inroads, and I am happy to inform you that the object has been effected without the commission of any act of hostility. Colonel Dodge, and the troops under his command, have acted with equal firmness and humanity, and an arrangement has been made with those Indians, which it is hoped will insure their permanent pacific relations with the United States, and the other tribes of Indians upon that border. It is to be regretted that the prevalence of sickness in that quarter has deprived the country of a number of v.i- luable lives, and particularly that of General Leavenworth, an officer well known and esteemed for his gallant servi- ces during the late war, and for subsequent good conduct, who has fallen a victim to his zeal and exertions in the discharge of his duty. The army is in a high state of discipline. Its moral condition, so far as that is known here, is good, and tlie various branches of the public service are carefully attend- ed to. It is amply sufficient, under its present organiza- tion, for providing the necessary garrisons for the sea- board, and for the defence of the internal frontier, and also for preserving the elements of military knowledge, and for keeping pace with those improvements which modern experience is continually making. And these ob- jects appear to me to embrace all the legitimate purposes for which a permanent military force should be maintain- ed in our country. The lessons of history teach us iti danger, and the tendency which exists to an incrcasek 330 UFE OF JACKSON. This can be best met and averted by a just caution on the part of the pubUc itself, and of those who represent hem in Congress. From the duties which d,evolve on the engineer depart- ment, and upon the topographical engineers, a different organization seems to be demanded by the public inte- rest, and I recommend the subject to your consideration. >?o important change has, during this season, taken place in the condition of the Indians. Arrangements are in progress for the removal of the Creeks, and will soon be for the removal of the Seminoles. I regret that the Cherokees east of the Mississippi have not yet determined as a community to remove. How long the personal cau- ses which have hitherto retarded that ultimately inevita- ble measure will continue to operate, I am unable to con- jecture. It is certain, however, that delay will bring with it accumulated evils, which will render their condition more and more unpleasant. The experience of every year adds to the conviction that emigration, and that alone, can preserve from destruction the remnant of tribes yet living among us. The facility with which the neces- saries of life are procured, and the treaty stipulations pro- viding aid for the emigrant Indians in their agriculiural pursuits and in the important concern of education, and their removal from those causes which have heretofjre depressed all, and destroyed many of the tribes, can not fail to stimulate their exertions, and to reward their indus- try. The two laws passed at the last session of Congress on the subject of Indian affairs, have been carried into effect, and detailed instructions for their administration have been given. It will be seen by the estimates for the present session, that a great n^duction will take place in the exjienditures of the department in consequence of these laws, and there is reason to believe that their ope- ration will be salutary, and that the colonization of the Indian on the western frontier, together with a judicious system of admniistration, will still further reduce the ex- penses of this branch of the public .service, and at the same time promote i*sj usefulness and efficiency. StXTH ANN0AL ME88AGB. 331 Circumstances have been recent!}' developed, showing the existence of extensive frauds under the various laws granting pensions and gratuities for revolutionary services. It is impossible to estimate the amount which may have been thus fraudulently obtained from the national treasu- ry. I am satistied, however, that it has been such as to justify a re-examination of the system, and the adoption of the necessary checks in its administration. All will agree that the services and sufl'erino-s of the remnant of our revolutionary band should be fully compensated ; but while this is done, every proper precaution should be taken to prevent the admission of fabricated and fraudu- lent claims. In the present mode of proceeding, the at- testations and certiticates of judicial (jfficers of the various states form a considerable portion of the checks which are interposed against the commission of frauds. These, how- ever, have been and may be fabricated, and in such a way as to elude detection at the examining offices ; and independently of this practical difficulty, it is ascertained that these documents are often loosely granted ; .some- times even blank certificates have been issued ; sometimes prepared papers have been signed without inquiry; and in one instance, at least, the seal of the court has been within reach of a person most interested in its improper application. It is obvious that under such circumstances, no severit)- of administration can check the abuse of the law ; and information has from time to time been commu- nicated to the pension office, questioning or denying the right of persons placed upon the pension list to the bounty of the country. Such cautions are always attended to, and examined, but a far more general investigation is called for; and I therefore recommend, in conformity with the suggestion of the secretary of war, that an actual inspection should be made in each state, into the circum- stances and claims of every person now drawing a pension. The honest veteran has nothing to fear from such a scru- tiny, while the fraudulent claimant will be detected, and the pubhc treasury relieved to an amoiuit, I have reason to beheve, far greater than has heretofore been suspected The details of such a plan could be so regulated as tc 15 832 LTFK OF JACKSON. inteq30se tlie necessary checks without any burdenscme operation upon the pensioners. The object should be twofold : — 1. To look into the original justice of the claims, so far as this Ccin be done under a proper system of regulations, by an examination of the claimants themselves, and by inquiring in the vicinity of their residence into their his- tory, and into the opinion entertained of their revolutiona- ry services; 2. To ascertain, in all cases, Avhether the original claim- ant is living, and this by actual personal inspection. This measure will, if adopted, be productive, I think, of the desired results, and 1 therefore recommend it to your consideration, with the further suggestion, that all pay- ments should be suspended till the necessary reports are received. It will be seen by a tabular statement annexed to the documents transmitted to Congress, that the appropria- tions for objects connected with the war department made at the last session, for the ser\'ice of the year 1834, excluding the permanent appropriation for the payment of military gratuities under the act of June 7, 1832, the appropriation of two hundred thousand dollars for arming and equipping the militia, and the appropriation of ten .housand dollars for the civilization of the Indians, which ire not annually renewed, amounted to the sum of nine millions three thousand two hundred and sixty-one dol- lars, and that the estimates of appropriations necessary for the same branches of service for the year 1835, amount to the sum of five millions seven hundred and seventy-eight thousand nine hundred and sixty-four dol- lars, making a difference in the appropriations of the cur- rent year over the estimates of the appropriations for the next, of three millions two hundred and twenty-four thou- sand two hundred and ninety-seven dollars. The principal causes which have operated at this time to produce this great difference, are shown in the repoits and documents, and in tiie detailed estimates. Some of these causes arc accidental and temporary, while others arc permanent, and, aided by a just course of adminstra- SIXTH ANNUAL MESSAOB. 838 (ion, may continue to operate beneficially upon the public expenditures. A just economy, expending where the public service requires, and withholding where it does not, is among the indispensable duties of the government I refer you to the accompanying report of the secretary of the navy, and to the documents with it, for a full view of the operations of that important branch of our service during the present year. It will be seen that the wisdom and liberality with which Congress have provided for the gradual increase of our navy material, have been seconded by a corresponding zeal and fidelity on the part of those to whom has been confided the execution of the laws on the subject; and that but a short period would be now required to put in commission a force large enough for any exigency into which the country may be thrown. When we reflect upon our position in relation to other nations, it must be apparent that, in the event of conflicts with them, we must look chiefly to our navy for the pro- tection of our national rights. The wide seas which sepa- rate us from other governments, must of necessity be the theatre on which an enemy will aim to assail us, and, un- less we are prepared to meet him on this element, we can not be said to possess the power requisite to repel or prevent aggressions. We can not, therefore, watch with too much attention this arm of our defence, or cherish with too much care the means by which it can possess the necessary efliciency and extension. To this end our policy has been heretofore wisely directed to the constant employment of a force sufficient to guard our commerce, and to the rapid accumulation of the materials which are necessary to repair our vessels, and construct with ease such new ones ;is may be required in a state of war. In accordance with this policy, I recommend to your consideration the erection of the additional dry-dock de- scribed by the secretary of the navy, and also the con- Btructicn of the steam-batteries to which he has referred, for the parpose of testing their efficiency as auxiharies to the system of defence now in use. The report of the postxnaster-general, herewith submit- 15 834 LIFE OF JACKSOIf. ted, exhibits the condition and prospects of thit depart ment From that document it appears that there was r deficit in the funds of the department, at the commence ment of the present year, beyond its available means, of three hundred and fifteen thousand five hundred and ninety-nine dollars and ninety-eight cents, which, on the first of July last, had been reduced to two hundred and sixty-eight thousand and ninety-two dollars and seventy- four cents. It appears, also, that the revenues for the coming year will exceed the expenditures about two hun- dred and seventy thousand dollars, which, with the excess of the revenue which will result from the operations of the current half-year, may be expected, independently of any increase in the gross amount of postages, to supply the entire deficit before the end of 1835. But as this calculation is based on the gross amount of postages which have accrued within the period embraced by the times of strilving the balances, it is obvious that, without a progres- sive increase in the amount of postages, the existing re- trenchments must be persevered in through the year 1836, that the department may accumulate a surplus fund sufficient to place it in a condition of perfect ease. It will be observed that the revenues of the postoffice department, though they have increased, and their amount is above that of any former year, have yet fallen short of jhe estimates more than a hundred thousand dollars. This is attributed, in a great degree, to the increase of free letters, growing out of the extension and abuse of the franking privilege. There has been a gradual increase in the number of executive officers to which it has been granted; and by an act passed in March, 1833, it was extended to members of Congress throughout the whole year. It is believed that a revision of the laws relative to the franking privilege, with some enactments to enforce more rigidly the restrictions under which it is granted, would operate beneficially to the country, by enabling the department at an early period to restore the mail faciUties which have been withdrawn, and to extend them more widely, as the growing settlement of the country ma? rexjuire. SIXTU ANNUAL MESSAGE. 335 To A measure so important to tlie government, and sc just to our constituents, who ask no exclusive privileges for themselves, and are nut willing to concede them to others, I earnestly recommend the serious attention of Congress. The importance of the postoffice department, and the magnitude to which it has grown, both in its revenues and in its operations, seem to demand its reorganization by law. The whole of its receipts and disbursements have hitherto been left entirely to executive control and individual discretion. The princ'ple is as sound in rela- tion to this as to any other department of the government, that as Uttle discretion should be confided to the executive officer who controls it, as is compatible with its efficiency. It is therefore earnestly recommended that it be organized with an auditor and treasury of its own, appointed by the president and senate, who shall be branches of the treasu- ry department Your attention is again respectfully invited to the defect which exists in the judicial .system of the United States. Nothing can be more desirable than the uniform operation of the federal judiciary throughout the several states, all of which, standing on the same footing as mem- bers of the Union, liave equal rights to the advantages and benefits resulting from its laws. This object is not attained by the judicial a'^ts now in force, because they leave one-fourth of the states without circuit courts. It is undoubtedly the duty of Congress to place all the states on the same footing in this respect, either by the creation of an additional number of associate judges, or by an enlargement of the circuits assigned to those al- ready appointed, so as to include the new states. \\ hat- ever may be the difficulty in a proper organization of the judicial system, so as to secure its efficiency and unifor- mity in all parts of the Union, and at the same time to avoid such an increase of judges as would encumber the supreme appellate tribunal, it should not be allowed to weigh against the great injustice which the present ope- ration of the system produces. I tiust that I may be also pardoned for renewing the 336 LIFE OF JACKSON. recommendations I have so often submitted to your atteii' tion, in regard to the mode of electing the president and vice-president of the United States. All the reflection I have been able to bestow upon the subject increases my conviction that the best interests of the country will be promoted by the adoption of some plan which will secur'^ in all contingencies, that important right of sovereignty to the direct control of the people. Could this be attained, and the terms of those officers be limited to a single period of either four or six years, I think our Uber- ti 'S would possess an additional safeguard. At your last session I called the attention of Congress to the destruction of the pubhc building occupied by the treasury department. As the public interest requires that another building should be erected with as little de- lay as possible, it is hoped that the means will be season- ably provided, and that they will be ample enough to authorize such an enlargement and improvement in the plan of the building as will more effectuall)' accommodate the public officers, and secure the pubhc documents deposited in it from the casualties of lire. I have not been able to satisfy myself that the bill entitled, " An act to impi-ove the navigation of the Wa- bash river," which was sent to me at the close of your last session, ought to pass, and I have therefore withheld from it my approval, and now return it to the senate, the body in which it originated. There can be no question connected with the adminis tration of public aftairs, more important, or more difficuL to be satisfactorily dealt with, than that which relates to the rightful autliority and proper action of the federal government upon the subject of internal improvements. To inherent embarrassments have been added otlier.i- resulting fi-om the course of our legislation concerning it I have heretofore communicated freely with Congress upon this subject, and, in adverting to it again, I can not refrain from expressing my increased conviction of itt- extreme importance, as well in regai'd to its bearing upon the maintenance of the constitution, and the prudent maiiag(;ment of the public revenue, a.s on account of ita distuibirig eilect uj)on the harmony of the Uniiju. SIXTH ANNUAL MESSAGE. 337 We are in no danger fi'om violations of tlie constitution, by which encroachments are made upon tlie personal rights of the citizens. The sentence of condemnation long since pronounced by the American people upon acts of that character, will, 1 doubt not, continue to prove as Balutary in its effects as it is irreversible in its nature But against the dangers of unconstitutional acts which, instead of menacing the vcnoeance of offended authoiitv, proffer local advantages, and bring in their train the patronage of the government, we are, I fear, not so safe. To suppose that, because our government has been insti- tuted for the benefit of the people, it must therefore have the power to do whatever may seem to conduce to ihe public good, is an error into which even honest minds are too apt to fall. In yielding themselves to this fallncv. they overlook the great considerations in which the Inde- ral constitution was founded. They forget that, m con- sequence of the conceded diversities in the interest and condition of the different states, it was foreseen, at the period of its adoption, that, although a particular uieasure of the government might be beneticial and propei m one state, it might be the reverse in another — that ii was for this reason the stfites would not consent to make a grant to the federal government of the general and usual pow- ers of government, but of such only as were specifically enumerated, and the probable effects of which they could, as they thought, safely anticipate ; and they furget also the paramount obligation upon all to abide by the com- pact, then so solemnly, and ;is it was hoped, so tirmlv estabhshed. In addition to the dangei-s to the constitu- tion springing from the sources I have stated, there litis been one which was perhaps greater than a'.l. 1 allude to the materials which this subject has afforded for sinister appeals to selti.sh feeling-s, and the opinion heretofore so extensively entertained of its adaptation to the purposes of personal ambition. With such stimulants, it is not surprising that the acts and pretensions of the federal government, in this behalf, should sometimes have been carried to an alarming e.xtent. The questions which have arisen upon this subject have i-elated — 338 LIFE OF JACKSON. 1. To the power of making internal improvements with in the Umits of a state, with the right of territorial juris- diction, sufficient at least for their preservation and use ; 2. To the right of appropriating money in aid of such works when carried on by a state, or by a company in virtue of state authority, surrendering the claim of juris- djcliun; and, 3. To the propriety of appropriations for improvements of a particular class, viz., for lighthouses, beacons, buoys, public piers, and for the removal of sandbai-s, sawyers, and other temporary and partial impediments in our navigable rivers and harbors. The claims of power for the general government upon each of these points certainly present matter of the deep- est interest. The lirst is, however, of much the greatest importance, inasmuch as, in addition to the dangers of unequal and improvident expenditures of public moneys, common to all, there is superadded to that the conflicting jurisdictions of the respective governments. Federal jurisdiction, at least to the extent 1 have stated, has been regarded by its advocates as necessarily appurtenant lo the power in question, if tliat exists by the constitution. That the most injurious conflicts would unavoidably arise between the respective jurisdictions of the state and fede- ral governments, in the absence of a constitutional pro\'i- sion marking out their respective boundaries, can not be doubted. The local advantages to be obtained would induce the states to overlook in the bet)'innin<>- the dano-ers and difficulties to which they might ultimately be ex- posed. The powers exercised by the federal government would soon be regarded with jealousy by the state author- ities, and originating, as they must, from implication or assumption, it would be impossible to affix to them cerUiin and safe limits. Opportunities and temptations to the assumption of power incom[)atible with state sovereignty, would be increased, and those barriers which resist the tendency of our system toward consolidation, greatly weakened. 'J"he officers and agents of the general gov- ernment might not always have the discretion to absUiin from intermeddling with state concerns; and if they did. SIXTH ANNUAL MESSAGE. 339 they would not always escape the suspicion of haWng done so. Collisions and consequent irritations would spring up; that harmony whic) should ever exist between the general government and each member of the confede- racy, would be frequently interrupted ; a spirit of conten- tion would be enoendered ; and the dangers of division greatly multiplied. Yet we all know that, notwithstanding these grave objections, this dangerous doctrine was at one time, appa- rently, proceeding to its tinal establishment with fearful rapidity. The desire to embark the federal government in works of internal improvement, prevailed in the highest degree during the first session of the tirst Congress that I had {he honor to meet in my present situation. When the bill authorizing a subscription on the part of the United States for stock in the Maysville and Lexington turnpike company, passed the two houses, there had been reported by the committees on internal improvements, bills containing appropriations for such objects, exclusive of those for the Cumberland road, and for harbors and lighthouses, to the amount of about one hundred and si.x millions of dollars. In this amount was included author- ity to the secretary of the treasury to subscribe for the stock of different companies to a great extent, and the residue was principally for the direct construction of roads by this government. In addition to these projects, which have been presented to the two houses under the sanction and recommendation of their respective committees on internal improvement*, there were then still pending be- fore the committees, and in memorials to Congress, pre- sented, but not referred, different projects for works of a similar character, the expense of which can not be esti- mated with certaisity, but must have exceeded one hun- dred millions of dollars. Regarding the bill authorizing a subscription to the stock of thf Maysville and Lexington turnpike company as the entering wedge of a system which, however weak at first, might soon become strong enough to rive the bands of the Union asimder; and believing that, if its passage was acquiesced in bv the executive and the peo- 15* 340 LIFB OF JACKSOW. pie, there would no longer be any limitaVion upon the authority of the general government in respect to the appropriation of money for such objects, I deemed it an imperative duty to withhold from it the executive appro- val. Although, from the obviously local character of that work, I might well have contented myself with a refusal to approve the bill upon that gi-ound, yet, sensible of the vital importance of the subject, and anxious that my views and opinions in regard to the whole matter should be fully understood by Congress, and by my constituents, I felt it my duty to go further. I therefore embraced that early occasion to apprize Congress that, in my opinion, the constitution did not confer upon it the power to authorize the construction of ordinary roads and canals within the limits of a state, and to say, respectfully, that no bill admitting such a power could recci-s-e my official sanction. 1 did so in the confident expectation that the speedy settlement of the public mind upon the whole subject would be greatly facilitated by the difference between the two houses and myself, and that the harmo- nious action of the several departments of the federal government in regard to it would be ultimately secured. So far, at least, as it regai'ds this branch of the subject, my best hopes have been realized. Nearly four years have elapsed, and several sessions of Congress have inter- vened, and no attempt within my recollection has been made to induce Congress to exercise this power. The applications for the construction of roads and canals, which were formerly multiplied upon your files, are no longer presented ; and we have good reason to infer that the cur- rent of public sentiment has become so decided against the pretension as effectually to discourage its reassertion, So tliinking, I derive the greatest satisfaction from the conviction that thus much at least has been secured upon this important and embarrassing subject. From attempts to appropriate the national funds to :b- jects which are confessedly of a local chai acter, we can not, I trust, have anything further to apprehend. My views in regard to the expediency of making appropria- Jons for works which are claimed to be of a national cha- SIXTH ANNUAL MESSAGE. 341 racter, and prosecuted under state authority, assuming that Congress have the right to do so, were stated in my annual messaoe to Cono-ress in 1830, and also in that con- taining my objections to the Maysville road bill. So thoroughly convinced am I that no such appropria- lions ought to be made by Congress, until a suitable con- stitutional provision is made upon the subject, and so essential do I regard the point to the highest interests of our country, that I could not consider myself as dischai-g- ing my duty to my constituents in giving the executive sanction to any bill containing such an appropriation. If the people of the United States desire that the public treasury shall be resorted to for the means to prosecute such works, they will concur in an amendment of the con- stitution, prescribing a rule by which the national charac- ter of the works is to be tested, and by which the great- est practicable eijuality of benefits may be secured to each member of the confederacy. The efJ'ects of such a regu- lation would be most salutary in preventing unprofitable expenditures, in securing our legislation from the perni- cious consequences of a scramble for the favors of govern- ment, and in repressing the spirit of discontent which must inevitably arise from an unequal distribution of trea- sures Avhich belong alike to all. There is another class of appropriations for what may be called, without impropriety, internal improvements, which have always been regarded as standing upon dif- ferent grounds from those to which I have referred. I allude to such as have for their object the improvement of our harbors, the removal of partial and temporary ob- structions in our navigable rivers, for the facility and secu- rity of our foreign commerce. The grounds upon which I distinguished appropriations of this character from oth- ers have already been stated to Congress. I will now only add that, at the first session of Congress undei the new constitution, it Avas provided by law, that all expen- ses which should accrue from and after the 15th day of August, 1VS9, in the necessary support and maintenance and repairs of all light-houses, beacons, buoys, and public piei*h erected, placed, or sunk, before the passage of the 15* 842 LIFE OF JACKSON. act, within any bay, inlets harbor, or port of the United States, for rendering the navigation thereof easy and safe, should be defrayed out of the treasury of the Uniteu States; and further, that it be the duty of the secretary of the treasury to provide by contracts, with the approba- tion of the President, for rebuilding when necessary and keeping in good repair the lighthouses, beacons, buoys, and public piers, in the several states and for furnishing them with supplies. Appropriations for similar objects have been continued from that time to the present with- out interruption or dispute. As a natural consequence of the increase and extension of our foreign commerce, ports of entry and delivery have been multiplied and established, not only upon our seaboard, but in the inte- rior of the country, upon our lakes and navigable rivers. The convenience and safety of this commerce have led to the gradual extension of these e.xpenditures ; to the erec- tion of lighthouses, the placing, planting and sinking of buoys, beacons, and piers, and to the removal of partial and temporary obstructions in our navigable rivers, and the harbors upon our great lakes, as well as on the sea- board. Although I expressed to Congress my apprehen- sion that these expenditures have sometimes been extra- vagant and disproportionate to the advantages to be de- rived from them, I have not felt it to be my duty to refuse my assent to bills containing them, and have contented myself to follow, in this respect, in the footsteps of all my prcaecessors. Sensible, however, from experience and observation, of the great abuses to which the unrestricted exercise of this authority by Congress was exposed, I have prescribed a limitation lor the government of my own conduct, by which expenditures of this character are con- fined to places below the ports of entry or delivery estab- lished by law. 1 am very sensible that this restriction is not as satisfactory as could be desired, and that much embarrassment may be caused to the executive depart- ment in its execution, by appr(5priations for remote and not well-understood objects. But as neither my own re- Jieclions, nor the lights which I may properly derive from uLJit-.r sources, have supplied nie with a betttir, I shull con^ SIXTH ANNUAL MESSAGE. 345 tinue to apply my best exertions to a faithful apprfcation of the rule upon which it is founded. I sincerely regret that I could not give my assent to the bill entitled, "An act to improve the navigation of the Wabash river;" but I could not have done so without receding from the ground which I have, upon the fullest consideration, taken upon this subject, and of which Congress has been here- tofore apprized, and without throwing the subject again open to abuses which no good citizen, entertaining my opinions, could desire. I rely upon the intelligence and candor of my fellow- citizens, in wliose liberal indulgence I have already so largely participated, for a correct appreciation of my mo- tives in interposing, as I have done, on this, and other oc- casions, checks to a course of legislation which, without, in the slightest degree, caUing in question the motives of others, I consider as sanctioning improper and unconstitu- tional expenditures of public treasure. I am not hostile to internal improvements, and wish to see them extended to ever}' part of the countrv. But I am fully persuaded, if they are not commenced in a [)ro- per manner, confined to proper objects, and conducted under an authority generally conceded to be rightful, that a successful prosecution of them can not be reasonably expected. The attempt will meet with resistance where it might otherwise receive support ; and instead of strength- ening the bonds of our confederacy, it will only multiply and aggravate the causes of disunion. S44 Lm OF JACKSOK. MESSAGE IN RELATION TO TEXAS Delivered December 2 1st, 1836. To the Senate of the United States: — During the last session, information was given to Con- gress by the executive, that measures had been taken to ascertain "the political, military, and civil condition of Texas." I now submit for your consideration, extracts from the report of the agent who had been appointed to collect it, relative to the condition of that country. No steps have been taken by the executive toward the acknowledgment of the independence of Texas ; and the whole subject would have been left without further re- mark on the information now given to Congress, were it not that the two houses at their last session, acting sepa- rately, passed resolutions " that the independence of Texas ought to be acknowledged by the United States, when- ever satisfactory information should be received that it had in successful operation a civil government, capable of performing the duties, and fulhlling the obligations of an independent power." This mark of interest in the question of the independence of Texas, and indication of the views of Congress, make it proper that I should, some- what in detail, present the considerations that have gov- erned the executive in continuing to occupy the ground previously taken in the contest between Mexico and Texas. The acknowkidgmentof a new state as independent, and entitled to a place in the family of nations, is at all times an act of great delicacy and responsibility ; but more espe- cially so when such state has forcibly separated itself from anotiier, of which it had formed an integral part, and which still claims dominion over it A premature recog- nition under these circumstances, if not looked upon as MESSAGE IN RELATION TO TEXAS. 345 justifiable cause of war, is always liable to be regarded as a proof of an unfriendly spirit to one of the contending parlies. All questions relative to the government of for- eign nations, whether of the old or new world, have been treated by the United States as questions of fiict only, and our predecessors have cautiously abstained from deciding upon them until the clearest evidence was in their pos- session, to enable them, not only to decide correctly, but to shield their decisions from every unworthy imputation. In all the contests that have arisen out of the revolutions of France, out of the disputes relating to the crowns of Portugal and Spain, out of the separation of the Ameri- can possessions of both from the European governments, and out of the numerous and constantly occurring strug- gles for dominion in Spamsh America, so wisely consistent with our just principles has been the action of our govern- ment, that wo have, under the most critical circumstances, avoided all censure, and encountered no other evil than that produced by a transient estrangement of good will in those against whom we have been by force of evidence compelled to decide. It hcis thus made known to the world, that the uniform policy and practice of the United Stixtes is to avoid all interference in disputes which merely relate to the inter- nal government of other nations, and eventually to recog- nise the authority of the prevailing party without reference to our particular interests and views, or to the merits of the original controversy. Public opinion here is so firmly established and well understood in favor of this poUcy, that no serious disagreement has ever risen among our- selves in relation to it, althousxh brou<>;ht under view in a variety of forms, and at periods when the minds of the people were greatly excited by the agitation of topics purely domestic in their character. Kor has any dehbe- rate inquiry ever been instituted in Congress, or in any of our legislative bodies, as to whom belonged the power of originally recognising a new st-ite — a power, the exer- cise of which is equivalent, under some circumstances, to a declai'ation of war — a power nowhere expressly delega- ted, and only granted in the constitution, as it is necessa 346 UFE OF JACKSOW. rily involved in some of the great powers given to Con- gress ; in that given to the president and senate to form treaties with foreign powers, and to appoint ambassadi)ra and other public ministers; and in that conferred upon the president to receive ministers from foreign nations. In the preamble to the resolution of the house of repre- sentatives, it is distinctly intimated that the expediency of recognising the independence of Texas should be left to the decision of Congress. In this view, on the ground of expediency, I am disposed to concur; and do not, there- fore, consider it necessary to express any opinion as to the strict constitutional right of the executive, either apart from, or in conjunction with the senate, over the subject It is to be presumed that on no future occasion will a dis- pute arise, as none has lieretofore occurred, between the executive and the legislature in the exercise of the power of recognition. It will always be considered consistent with the spirit of the constitution, and most safe, that it should be exercised, wlien probably leading to war, with a previous understanding with that body by whom war can alone be declared, and by whom all the provisions for sustaining its perils must be furnished. Its submission to Congress, which represents in one of its branches the states of the Union, and, in the other, the people of the United States, where there may be reasonable ground to apprehend so grave a consequence, would certainly afford the fullest satisfaction to our own country, and a perfect guarantee to all other nations, of the justice and prudence of the measures which might be adopted. In making these suggestions, it is not my purpose to relieve myself from the responsibility of expressing my own opinions of the course the interests of our country pi escribe, and its honor permits us to follow. It is scarcely to be imagined that a question of this character could be presented, in relation to which it would be more difficult for the United States to avoid exciting the suspicion and jealousy of other powers, and maintain their established character for fair and impartial dealing. But on this, as on every other trying occasion, safety is tc be found in a rigid adherence to principle. MESSAGE IN RELATION TO TEXAS. 347 In the contest between Spain and her revolted colonies we stood aloof, and waited nut only until the ability of the new states to protect themselves was fully established, but until the danger of their being again subjugated had entirely passed away. Then, and not until then, were they recognised. Such was our course in regard to Mexi- co herself. The same policy wjis obseiTcd in all the dis- putes growing out of the separation into distinct govern- ments of those Spanish Ameriran states, who began, or carried on the contest with the parent country, united un- der one form of government We acknowledged the sepa- rate independence of New Grenada, of Venezuela, and of Ecuador, only after their independent existence was no longer a subject of dispute, or was actually acquiesced in by those with whom they had been previously uuite-<.L It is true that, with regard to Texas, the civil authority of Mexico has been expelled, its invading army defeated, the chief of the republic himself captured, and all present power to control the newly organized government of Texas annihilated within its confines. But, on the other hand, there is, in appearance at least, an immense disparity of physical force on the side of Texas. The Mexican repub- lic, under another executive, is rallying its forces under a new leader, and menacing a fresh invasion to recover its lost dominion. Upon the issue of this threatened invasion, the inde- pendence of Texas may be considered as suspended ; and were there nothing peculiar in the relative situation of the United States and Texas, our acknowledgment of its independence at such a crisis could scarcely be regarded as consistent with that prudent reserve with which we have heretofore held ourselves bound to treat all similar questions. But there are circumstances in the relations of the two countries, which require us to act on this occa- sion, with even more than our wonted caution. Texas was once claimed as a part of our property, and there are those among our citizens who, always reluctant to aljandon that claim, can not but regard with solicitude the prospect of the rcun'yon of the territory to this countiy. A lm-2;e 848 LIFE OF JACKSON. portion of its civilized inhabitants are emigrants from the United States; speak the same language with ourselves; cherish the same principles, political and religious, and are bound to many of our citizens by ties of friendship and kindred blood; and more than all, it is known that the people of that country have instituted the same form of government with our own ; and have, since the close of your last session, openly resolved, on the acknowledg- ment by us of their independence, to seek admission into the Union as one of the federal states. This last circum- stance is a matter of peculiar dehcacy, and forces upon us considerations of the gravest character. The title of Tex- as to the territory she claims is identified with her inde- pendence; she asks us to acknowledge that title to the territory, with an avowed design to treat immediately of its transfer to the United States. It becomes us to be- ware of a too early movement, as it might subject us, however unjustly, to the imputation of seeking to establish the claim of our neighbors to a territory, with a view to its subsequent acquisition by ourselves. Prudence, there- fore, seems to dictate that we should still stand aloof, and maintain our present attitude, if not until Mexico itself, or one of the great foreign powers, shall recognise the independence of the new government, at least until the lapse of time, or the course of events shall have proved, beyond cavil or dispute, the ability of the people of that country to maintain their separate sovereignty, and to uphold the government constituted by them. Neither of the contending parties can justly comphiin of this course. By pursuing it, we are but carrying out the long- established policy of our government — a policy which has secured to us respect and inlluence abroad, and inspired confidence at home. Having thus discharged my duty, by presenting with simplicity and directness the views which, after mucli re- flection, I have been led to take of tliis important subject^ I have only to add the expression of my confidence, that if Congress shall differ with me upon it, their judgment will be the result of dispassionate, prudent, and wise deli- MESSAGE IN RELATION TO TEXAS. 349 beration ; with the assiirance that, during the short time 1 ehall continue connected with the government, I shall promptly and cordially unite with you in such measures as may be deemed best fitted to increase the prosperily and oerpetuate the peace of our favored country. SffC UV% OF JACKSON. Faravell Address of President Jackson. Peliow-Citizens: Being about to retire finally froa ublic life, I beg leave to offer j^ou my grateful thanks for tho many proofs of kindness and confidence which I hava r?ceived at your hands. It has been my fortune, in the dischar^'e of public duties, civil and military, frequently to have found myself in difficult and trying situations, where prompt decision and energetic action were neces- sary, and where the interests of the country required that high responsibilities should be fearlessly encountered ; and it is with the deepest emotions of gratitude that I acknow- ledge the continued and unbroken confidence with which you have sustained me in every trial. My public life has been a long one, and I cannot hope that it has at all times been free from errors. But I have the consolation of knowing, that if mistakes have been commilled, they have not seriously injured the country I so anxiously endeavored to serve ; and at the moment when I surrender my last ]iublic trust, I leave this great people prosperous and happy; in the full enjoyment of liberty and peace; and honored and respected by every nation in the world. If my humble efforts have, in any degree, contributed to preserve to you these blessings, I have been more than rewarded by the honors you have heaped upon me; and, above all, by the generous confidence with which you have supported me in every peril, and with which you have continued to animate and cheer my path to the clos- ing hour of my political life. The time has now come, when advanced age and a broken frame warn me to retire from public concerns ; but the recollection of the many favors you have bestowed upon me is engraven upon my heart, and I have felt that I could not part from your ser- vice without making this public acknowledgment of the gratitude I owe you. And if I use the occasion to ofler FAREWELL ADDRESS. 351 I you the counsels of age and experience, j'ou will, I trust, receire thein with the same indulgent kindness which you have so ofien extended to me ; and will, at least, see in them an earnest desire to perpetuate, in this favjred land, the blessings of liberty and equal laws. We have now lived ahnost fifty j''ears under the Con- stitution framed by the sages and patriots of the Revolution. The conflicts in which the nations of Europe were engaged during a great part of this period ; the spirit in which they waged war with each other; and our intimate com- mercial connections with every part of the civilized world, rendered it a time of much difficulty for the government of the United States. We have had our seasons of peace and of war, with all the evils which precede or follow a state of hostility with powerful nations. We encountered these trials, with our Constitution yet in its infancy, and under the disadvantages which a new and untried govern- ment must always feel, when it is called upon to put forth its whole strength, without the lights of experience to guide it, or the weight of precedents to justify its mea- sures. But we have passed triumphantly through all these difficulties. Our Constitution is no longer a doubtful experiment; and at the end of nearly half a cimtury, we find that it has preserved, unimpaired, the liberties of the people, and secured the rights of properly, and that our countrj'' has improved, and is flourishing beyond any former example in the history of nations. In our domestic concerns, there is every thing to en- courage us; and if you are true to yourselves, nothing can impede your march to the highest point of nationa. prosperity. The states which had so long been retarded in their improvements by the Indian tribes residing in the midst of them, are at length relieved from the evil; and this unhappy race — the original dwellers in our land — are now placed in a situation where we may well hope that they will share in the blessings of civilization, and be saved from that degradation and destruction to which they were rapidlv hastening, while thej- remaini'd in the slates; and while vhe safety and comfort of our own citizens have been greatly promoted by their removal, the philanthropist 352 LIFE OF JACKSON. will rejoice that the remnant of this ill-fated race has been at lenofth placed beyond the reach of injury or oppression, and that the paternal care of the general government will hereafter watch over them and protect them. If we turn to our relations with foreign powers, we find our condition equally gratifying. Actjiated by the sincere desire to do justice to every nation, and to preserve the blessings of peace, our intercourse with them has been conducted on the part of this government in the spirit of frankness, and I take pleasure in saying that it has gene- rally been met in a corresponding temper. Difficulties of old standing have been surmounted by friendly dis- cussion, and the mutual desire to be just; and the claims of our citizens, which had been long withheld, have at length been acknowledged and adjusted, and satisfactory arrangements made for their final payment ; and with a limited, and 1 trust a temporary exception, our relations with every foreign power are now of the most friendly character — our commerce continually expanding, and our flag respected in every quarter of the world. These cheering and grateful prospects, and these mul- tiplied favors, we owe, under Providence, to the adoption of the Federal Constitution. It is no longer a question whether this great country can remain happily united, and flourish under our present form of government. Ex- perience, the unerring test of all human undertakings, has shown the wisdom and foresight of those who formed it; and has proved, that in the union of these states there is a sure foundation for the brightest hopes of fri'edom, and for the happiness of the people. At every hazard, and by every sacrifice, this Union must be preserved. The necessity of watching with jealous anxiety, for the preservation of the Union, was earnestly j)ressed upon his fellow-citizens by the Father of his country, in his fare- well address. He has there told us, that " while ex- perience shall not have demonstrated its impracticability, there will always be reason to distrust the patriotism of those who, in any quarter, may endeavor to weaken its bonds;" and he has cautioned us, in the strongest terms, against the form-ilion of parties on geographical discrimi FAREWELL ADDRESS. 353 oations, as one of the means wh'ch miVht disturb our Union, and to which designing men would be likely to resort. The lessons contained in this invaluable legacy of Wash- ington to his countrymen, should be cherished in the heart of every citizen to the latest generation ; and, perhaps, at no period of time could they be more usefully remembered than at the present moment. For when we look u|;on the scenes that are passing around us, and dwell Uj^on tlie pages of his parting address, his paternal counsels would seem to be not merely the offspring of wisdom and fore- Bight, but the voice of prophecy foretelling events and warning us of the evil to come. Forty years have passed since this imperishable document was given to his coun- trymen. The Federal Constitution was then regarded by him as an experiment, and he so speaks of it in his address ; but an experiment upon the success of which the best hopes of his country depended, and we all know that he was prepared to lay down his life, if necessary, to secure to it a full and fair trial. The trial has been made. It has succeedt d beyond the proudest hopes of those who framed it. P^very quarter of this widely extended nation has felt its blessings, and shared in the general ])rosperity produced by its adoption. But amid this general prosper- ity and splendid success, the dangers of which he warned us are becoming every day more evident, and the signs of evil are sufficiently apparent to awakrn the deepest anxiety in the bosom of the patriot. We hold systematic efforts publicly made to sow the seeds of discord between different parts of the United States, and to place party divisions directly upon geographical distinctions ; to excite the SoKlh against the Nor//i, and the Nortli against the Soii/h, and to force into the controversy the mo:f my personal and real estate by my executor; for which pur- pose to meet the debt my good friends Gen'l J. H. Plan- chin &L Co. of New Orleans, for the sum of six thousand dollars, with the interest accraing thereon loaned to me to meet the debt due by A. Jackson, Jun., fur the pur chase of the plantation from Hiram G. Runnels, lvin<; on the ea.st bank of the river Mississippi, in the state of Mi.s- sissippL Also, a debt due by me of ten thousand dollai^s. 3"" LIFE OF JACKSON. borrowed of my friends Blair and Rives, of the city of Washington and District of Columbia, with the mterest accruing thereon; being applied to the payment of the lands bought of Hiram G. Runnels as aforesaid, and for the faithful payment of the aforesaid recited debts, I here- by' bequeath all my real and personal estate. After these debts are fully paid — Thirdly, I give and bequeath to my adopted son, An- drew Jackson, Junior, the tract of land whereon I now live, known by the Hermitage tract, with its butts and boundaries, with all its appendages of the three lots of land bought of Samuel Donelson, Tliom;is J. Donelson, and Alexander Donelson, sons and heirs of Sovern Donel- son, deceased, all adjoining the Hermitage tract, agreeable to their butts and boundaries, with all the appurtenances thereto belonging or in any wise appertaining, with all my negroes that I may die possessed of, with the exception hereafter named, with all their increase after the before recited debts are fully paid, with all the household furni- ture, farming tools, stock of all kind, both on the Hermi- tage tract farms, as well as those on the Mississippi plan- tation, to him and his heirs for ever. — The true intent and meaning of this my last will and testament is, that all my estate, real, personal, and mixed, is hereby first pledged for the payment of the above recited debts and interest; and when they are fully paid, the residue of all my estate, real, personal and mixed, is hereby bequeathed to my adopted son A. Jackson, Jun., with the exceptions here- after named, to him and his heirs for ever. Fourth, Whereas I have heretofore by conveyance, de- posited with my beloved daughter Sarah Jackson, wife of my adopted son A. Jackson, Jun., given to my beloved granddaughter, Rachel Jackson, daughter of A. JacLson, Jun. and Sarah his wife, several negroes therein described, which I hereby confirm. — I give and beijueath to my be- loved grandson Andrew Jackson, son of A. Jackson, Jun. and Sarah hi? wife, a negro boy named Ned, son of Black- smith Aaron and Hannah his wife, to him and his heirs for ever. Fifth, I give and bequeath to my beloved httle grand LAST WILL AND TESTAMENT. 3^7 eon. Samuel Jackson, son of A. Jackson, Jun. and his much beloved wife Sarali, one negro buy named Davy or Gtorge, son of Squire and his wife Giney, to liim and hia heirs for ever. Sixth, To my beloved and affectionate daughter, Sarah Jackson, wife of my adopted and well beloved son, A. Jackson, Jun., I hereby recognise, by this bequest, the j^ift I made her on her marriage, of the negro girl Gracy, which I bought for her, and gave her to my daughter Sa- rah as her maid and seamstress, with her increase, with my house-servant Hannah and her two daughters, name- ly, Charlotte and Mary, to her and her heirs for ever. This gift and bequest is made for my great affection for her — as a memento of her uniform attention to me and kindness on all occasions, and particularly when worn down with sickness, pain, and debility — she has been more than a daughter to me, and I hope she never will be disturbed in the enjoyment of this gift and bequest by any one. Seventh, I bequeath to my well beloved nephew, An- drew J. Donelson, son of Samuel Donelson, deceased, the elegant sword presented to me by the state of Tennessee, with this injunction, that he fail not to use it when neces- sary in support and protection of our glorious union, and for the protection of the constitutional rights of our belo- ved country, should they be assailed by foreign enemies or domestic traitors. This, from the great change in my worldly affairs of late, is, with my blessing, all 1 can be- queath him, doing justice to those creditors to whom I am responsible. This bequest is made as a memento of my high regard, affection, and esteem 1 bear for him as a high-minded, honest, and honorable man. Eighth, To my grand-nephew Andrew Jackson Coffee, I be(jueath the elegant sword presented to me by the Rifle Company of New Orleans, commanded by Capt Beal, as a memento of my regard, and to bring to his recollection the gallant services of his deceased father Gen'l John Cof- fee, in the late Indian and British war, under my com- mand, and his gallant conduct in defence of New Orleans in 1814 and 1815; with this injunction, t'lat he wield it in the protection of the rights secured to tuc American 3*"^ LIFE OF JAOKSOX. citizen under our glorious constitution, against all inva- ders, whether foreign foes, or intestine traitors. I bequeath to my beloved grandson Andrew Jackson, son of A. Jackson, Jun. and Sarah his wife, the sword pre- sented to me by the citizens of Philadelphia, with this injunction, that he will always use it in defence of tlie con- stitution and our glorious union, and the perpetuation of our republican system : remembering the motto — " Draw me not without occasion, nor sheath me without honour. ' The pistols of Gen'l Lafayette, which were presented by him to Gen'l George Washington, and by Col. Wm. Robertson presented to me, I bequeath to George Wash- ington Lafayette, as a memento of the illustrious persona- ges through whose hands they have passed — his father, and the father of his country. The gold box presented to me by the corporation of the City of New York, the large silver vase presented to me by the ladies of Charleston, Soutli Carolina, mj^ native state, with the large picture representing the unfurling of the American banner, presented to me by the citizens of South Carolina when it was refused to be accepted by the United States Senate, I leave in trust to my son A. Jack- son, Jun., with directions that should our happy country not be blessed with peace, an event not always to be e.\- pected, he will at the close of the war or end of the con- flict, pi'esent each of said articles of inestimable value, to that patriot residing in the city or state from which they were preented, who shall be adjudged by his countrymen or the ladies to have been the most valiant in defence of his country and our country's rights. The pocket spyglass which was used by Gen'l Wash- ington during the revolutionary war, and presented to me by Mr. Custis, having been burned with my dwelling- house, the Hermitage, with many other invaluable relics, 1 can make no dispositon of them. As a memento of my high regard for Gen'l Robert Armstrong as a gentleman, patnot and soldier, as well as for his meritorious military services under my command during the late British and Indian war, and remembering the gallant bearing of him and his gnllunl httle band at Enotochopco creek, when, LAST WILL AND TESTAMENT, .379 falliiij; dosjierately wounded, he called out — " My brave fellows, sou\e may fall, but save the cannon" — as a me- mento of all these things, I give ^ind bequeath to him my case of pistols and sword worn by me thioughout my military career, well satisfied that in his hands they will never be disgraced — that they will never be used or diawn without occasion, nor siieathed but with honour. Lastly, I leave to my beloved son all my walking-canes dnd other relics, to be distributed amongst my young re'atives — namesakes — first, to my much esteemed nanie- ^«ke, Andrew J. Donelson, son of my esteemed nephew A. J. Donelson, his first choice, and then to be distributed as A. Jackson, Jun. may think proper. L;istly, I appoint my adopted son Andrew Jackson, Jun., my whole and sole executor to this my last will and testament, and direct that no security be required of him for the faithful execution and discharge of the trusts here- by reposed in him. In testimony whereof I have this 7th day of June, one thousand eight hundred and forty-three, hereunto set my hand, and atftxed my seal, hereby revoking all wills here- tofore made by me, and in the presence of Marion Adams, Elizabeth D. Love, ANDREW JACKSON. {Seal.) Thos. J. Donelson, Richard Smith, R Akustrono. 380 LIFE '"«' JACRSON. State cf Tennessee, Davidson Countrj Court, July Term, 1845. A paper writing, purporting to be the last will and tes- tament of Andrew Jackson, Sen., dec'd , was produced in open court for probate, and proved thus: — Marion Adams, Elizabeth D. Love, and Richard Smith, three of the sub- scribing witnesses thereto, being first duly sworn, depose and say, that they became such in the presence of the said Andrew Jackson, Sr., dec'd., and at his request and in the presence of each other; and that biiey verily believe he was of sound and disposing mind and memory at the time of executino- the same. Ordered, That said paper writing be admitted to record as such will and testament of the said Andrew Jackson, Sr., dec'd. Whereupon Andrew Jackson, Jun., ih^ i^.xe- cutor named in said will, came into court and gave bond in the sum of two hundred thousand dollars, (there being- no security required by said will,) and qualified according to law. Ordered, That he have letters testamentary granted to him. State of Tenyiessee, Davidson County : I, Robert B. Castleman, Clerk of the County Court, of said county, do certify that the foregoing is a true and perfect copy of the original will of Andrew Jackson, Sr., dec'd., together with the probate of the same, as proven at the July term, 1845, of said court, as the same remains of record in my office. In testimony whereof T have hcreuntA.-* set my hand and affixed the seal of said court at my office, this the 15th day of August, in the year of our Lord one thousand eight hundred snd forty-five. Ro. B. Castleman By his deputy, Phineas Garrett, BSTHUKE'S DISC0UK8S. SSI DR. BETHUNE'S DISCOURSE, Pronounctd July 6ih, 1845. " For he est.ihlishcd a testimony in Jacob, and appointed a law in lero.;), which he conmiandcd our latlicrs ihai they shouli! make them known to thp;r children; that the generation to come might know them, even the ctnhlren which sliould lie t)orn, who should arise and declare ihcm to their children, that they miijht set their hope in (Jod, and not forget the works of God, but keep his commandments." — Psalm Ixxviii. 5, G, 7. Among our many national sins, there is none more likely to provoke divine chastisement, yet less considered or repented of, even by Christians, than ingratitude for political blessing-s. That there are eviis among us, no one will deny ; that changes might be made for the better, it were unreasonable to doubt; and, concerning: methods of removing evil, or working good, we may differ widely, yet honestly. Evil is inseparable from human nature, the best human schemes are capable of improvement, and human opinions must be various, because they are fallible. It is a narrow, unthankful spirit, which, brooding over imperfections, or sighing after greater advantages, or bitter- ly condemning all who think not the same way, refuses to perceive and acknowledge the vast benefits we actually enjoy. Never was there a revolution at once so just and so successful as that which won our country's indepen dence : never, e,\cept in the Bible, have the rights of man been so clearly and truly defined as in our constitution* never did greater success attend a social experiment than has followed ours. Since the establishment of our con- federacy, tumults, insurrections, and violent changes, have been busy in all the civilized world besides. Throne after throne has fallen, and dynasties have been built up on the bloody ruins of dynasties. In some nations the people 17 382 LIFE OF JACKSON. have wrung-, by force, partial concessintrs from hereditary rule; in others after convulsive, raisJirt-rted efforts, they have been crushed again by the iron hoof of despotism; nor is thf voice of a prophet needed to foretell a long, desperate struggle of uprising humanity with the powers Oi political darkness; while the bloody discords and con- stant confusion of other republics on the same continent with ourselves, demonstrate the incompatibility of free- dom with ignorance and superstition. Ours is now, with the exception of the Russian and British (if, indeed, the passage of the Reform Bill was not an organic change), older than any monarchical government in Christendom. The increase of our population from less than three mil- lions to twenty, in seventy years, multiplies many times any former example ; yet, notwithstanding the enormous migration to us from various countries, where free princi- ples are unknown, our wide land has more than enough room for all : growth in numbers has been a chief cause of our growth in wealth, and our laws, strong as they are liberal, have proved themselves sufficient to compose, maintain and rule all in concord, prosperity and power. You will search in vain for another example of a vast na- tion governed, without troops or armed police, by their own will. It is not five years since, that our people, spread out over an immense territory, after a contest in which the utmost enthusiasm excited both parties, changed their rulers. Yet not a bayonet was fixed, nor a cannon pointed, nor a barricade raised, to guard the place of suf- frage. The ballot, falling noiselessly as snow upon the rock, achieved the result Within tlie last twelvemonth, the stupendous process has been repeated as peaceably and safely. Each of the great political sects, which divide the popular vote, has triumphed and been beaten. Much there has been to censure in the harsh recrimination and unfraternal bigotry on either side; but when the decision was reached, thouoh the lonir-rollincj swells which succeed the storm did not at once subside, and here and there some violent partisan may have betrayed his vexation, the surface bc-ame calm, and the noise soon died away Every true patriot, submissive to the oracle of the poll* 4 uethl'nk's discolkse. 3S3 whelher wisdom or error, said in liis heart, God mlk38 riiE people! Our difficulties, real or supposed, have arisen out of our advantages, for good and evil are mixed with all human affairs. The freedom of those institutions under which we live, has its price, whicii must be paid, so lony as man IS prone to abuse, by impatience and excess, those favours of Almighty God which yield happiness only when they are used moderately and religiously. Elated by pros- perity, we have forced our growth too fast. We have attempted by plausible inventions to transcend the laAVS of trade and production. We have comj)lioated the ma- chinery of our interests until our clear, simple constitu- tion, has become, in the hands of sophisticating politicians, a riddle of mysteries. The limits of habitation have been enlarged beyond the blessings of church and school-house. Vices and faults, peculiar to new settlements, have reach- ed the heart of our legislation. To carry on our fai grasping schemes, we have strained our credit till it broke. Freedom of speech and of the press, has been abused to licentiousness by prejudice, rashness, and selfish ambition. Acknowledo-ino- as we do the rii>hts of conscience in their broadest meaning, even the holy name of religion ha-s been dragged upon the arena of party. Our repubhc is not a paradise: our countrymen, hke "•urselves, are not angels, but frail, erring men. Our his- tory" has been an experiment Mistakes have been and will be made. It is thus that we are to learn. Shall we, in coward skepticism, overlook our immense advantages to hang our fears upon a few faults, or prognosticate the fail- ure of a system which litis accomplished so much, because it shares with others the imperfections of humanity? Is there a sober-minded man among us, who would be will- ing to encounter the oppressions of what are called strong governments, that he might escape from under our pre- Bont system. Our faults are our own, and oiu- misfortunes dre consequences of our faults; but our political advanta- ges are (rod's rich gifts, which it becomes us thankfully to receive and piously improve. All our evils have their legitimate remedies, and there is no danger which may 3? 4 LIFE OF JACKSON. not be avoided by a wise cai-e. Instead, therefore, of querulous fears and ungrateful discontent, the Christian patriot should zealously inquire what he can do to secure and advance the best welfare of our beloved land. Our holy text is full of instruction to this end. The psalmist is describing the policy of God with Israel, the people whom he wished to know no king bui himself, and therefoi'e, the only safe policy for any people who would preserve their liberties from the encroachment of despotic rule. " He established a testimony in Jacob, and appointed g law in Israel, which he commanded our fathers that they should make them known to their children ; that the gene- ration to come might know them, even the children which should be born ; who should arise and declare them to their children, that they might set their hopes in God, and not forget the works of God, but keep his command- ments." We see here, First: The character of a safe and HAPPr peo- ple. " They set their hopes in God ; they forget not the works of God; they keep his commandments." Secondly: The means which God has appointed FOR cultivating THIS CHARACTER. " He established a law in Jacob, and appointed a testi- mony in Israel." Thirdly: The obligation upon a Christian patrioi ARISING FROM THIS PROVIDENCE OF JeIIOVAH. " He commanded our fathers that they should make thera known to their children ; that the generation to come mioht know them, even the children which might be born ; who should arise and declare them to their chil- dren." First: The character of a safe and happy people. They " set their hopes in God." The man who looks to God as the source of his welfare, is lifted above tempta- tion Avithin and without Conscious of a, holy, heart- searching eye, upon him, his virtue will not be .an outward semblance, cloaking from human sight, secret crime or bethuxe's discourse. 38o selfish purposes. The opinions, fashions, or rewards of the world, will neitlier shape his principles nor modify iiis practice. He will fear to do evil, lest he should olicnd against God. lie will do justice and love mercy, because he walks humbly with God. His expectations of eternity will guard and sustain him in honesty. He knows himself to be immortal and God eternal; that vice, which no human scrutiny can detect and no human laws can punish, will meet a terrible ven- geance, while good acts and purposes will be rewarded openly by Him, who seeth in secret, at the judgment day. The pains of virtue and the pleasures of vice, being alike transitory, are of little account in his estimation, who sets his hope in God, his Saviour, and his judge. He re- hes upon God, because He is merciful, and knows that he is safe, because God is Almighty. Were o-ir nation composed of such believens, how un- troubled would be our peace ! how entire our mutual con- Kdence ! how free our affairs from intrigue, corruj)tion and wrong! The key would never be turned in the lock, the gibbet seen no more, and the prison doors stand open. ?»o man would fear, but every man would love his neigh- bour, and the true interests of all be acknowledged by each as his own. They " forget not the works of God." When God is the treasury of a man's hopes, he loves to trace the work- ings of God's wisdom and power, that he may know the sources upon which he can draw. He consideis creation, and in its minuteness as well as its vastness, he reads cer- tain pr,KSOIT. With such convictions, how choering to him must be the study of Providence! With what confidence, remember- ing the faitlifuhiess of God in the past, wiH he confide in him an)idst the difficuUies of the present, and for tiie de- velopements of tlie future ! and how steadfastly reject for himself and for his country, any pohcy wliich crosses the unchangeable laws of God, the everliving Lord! How strong would this nation be in hope and virtue, did our people thus remember the works of God! For never, since the world began, has the providence of God been more remarkable, kind, and instructive, than towards us. Jehovah did not lead Israel forth from Egypt to the inheritance of Canaan with a more mighty hand or mani- fest care, than has been seen in our history since the tirst prayer of the pilgrim from the tyrrany of the old world tt) this b'.'tter country, rose through its virgin forests, un- til our present day of unexampled prosperity. They " keep his commandments." The believer's obe- dience to the directions of God is the necessary result of such trust and study. Gratitude will make him loyal to a sovereign so kind and fjiithful : a sense of his own weak- ness and short-sio-htedness will incline him to follow land- o marks so certain, and the approbation of an honest con- science reward and incite him to persevere. " Happy is the people that are in such a case! Yea, happy is that people whose God is the Lord!" Secondly: The means which God has appointed for cultivating such a characteil. " He established a testimony in Jacob, and appointed a law in Lsrael:" or as an admirable critic translates it, "Ho establisbed an oracle in Jacob, and deposited a revelation with Israel." The P.salmist, doubtless, here refers not only to the law given on the Mount, in which God defined human duties and prescribed religious worship, but to all the communi- cations which he had made (*r might yet m.ike to man. The value of the word of God is seen in the fact, that it is the word of God. What almighty mercy and wis- dom saw fit to reveal, must be of the last importmif'e V\'e are sure of nothintr but that which God has 7 t bkthune's discourse. £87 known. Never could we have discovered his will con- cerning us, or known how to walk in safety, had he not said, " This is the way." Never could we have been as- sured of a Providence over us, or loOlred within the tre- mendous realities of eternity, had not he manifested him- self by his own declarations, and brought immortality to light by Jesus Christ, the man whom he has ordained Jis saviour and judge. Without the word of God, we should be without God, ignorant, hopeless, lost in perplexity, the sport of conjecture, of passion, appetite, and dread. Truth would have no delinition, oaths no contirmadon, laws no sanction, and the grave no promise ; the past would teach us nothing but our ruin, and the future would be black with despair. When we have that word, how glorious is the reverse to the pious believer! We stand, by the side of God when he laid the foundation of the earth, and we look beyond the catastrophe of created things to the fixed results of justice and love. We trace back our lineage to a brotherhood with every human soul ; and we learn the will of our common father concerning the relations which bind us to him and his family on earth. VVe see the path of righteousness marked for our feet, and one walking by our side, " whose form is hke to that of the Son of God," sustaining our weakness and assuring our faithful obedience of eternal reward, after the sha- dows and the labours of time shall have passed away and ceased for ever. Nay, in the rest of the Sabbath, the worship of the sanctuary, the communion of saints, and the witnessing sacraments, we have the foretaste, sign, and confirmation of an eternal rest, love, and satisfaction in the house of God, eternal and undehled. Need I ask j'ou to consider the blessedness, here and hereafter, of a nation A'iio know and obey that word, and who cultivate and d<.-lii'-nt in that worship! Where is the suicidal, traitor h^n-;, that would dare pluck this corner- stone from the fouiidation of '/oi- hopes, and, extinguish- ing the light A'ljich heaven has kindled, give our country back to the gloom, the licentiousness, and cruelties of tbost-- Rations whicli havp. forofotten G^d 1 17* 388 life of jacksoit. Thiiidly: The obligations upon the Christian patri ot arising from this providence of go d. " He commanded our fathers to make them known to their children; that the generation to come miglit know them, even the children which should be burn, who should arise and declare them unto their children." The first duty laid upon us is, to study and practise the word of God ourselves. It is by the light of Christian example, that the saving power of the gospel is made manifest to the world. The believer of the word of God, therefore, owes a profession and practice of Christiainty not only to God, to liimself, and the church, but to his country, because its welfare can be secured only by reli- gion. Then, it is our duty, to the utmost of our means, to give the advantage of the same religion to those who neg- lect, or cannot, of themselves, obtain the means of grace, especially in the new settlements of that immense valley, the power of which already overbalances the older states. Wherever a fellow-citizen is without the knowledge of •3od, there is an element of danger mingling with the ag- gregate of the national will. We can never control crime, nor refute error, but by truth ; and in withholding the truth of God, we consent to all the mischief that may be done by those, to whom we might teach the right, but do not But, especially, are we to strive that the Bible should be in the hands, and by the blessing of God upon our labours, in tlie hearts of the rising generation. Upon their shoulders the burthens of society, our country, and the cause of God, are soon to rest. From them their children are to learn good or evil. Neglect a child, and you have neglected the man, the woman, the father, the mother, generations yet unborn. The truth of God in our hands belongs to them, as much as to ourselves. It is de- posited with us for their benefit. By omitting to give it, we rob them of God's best gift, and our land, in future years, of its best defence and glory. The means of edu- cation, so far as the arts of reading and writing go, are > bettiune's discoursk. SSfi not enough. Educate with all your energies. Do no- thing tliiit may by any pos.'iibility interfere with, and eve- rything to increase such instruction ; but let us be ever ready to set the Bible before the opened eye and the craving mind. Better that a child should learn to read without the Bible, than to know not how to read the Bi- ble. Tb mk God! Christians need not contend for de- bateable ground in this matter. With our Bible, and Tract, and Sunday School Societies, if we be only faithful in supporting them, we are more than a match, by God's help, for all the infidelity and superstition among us. We lose time and waste our strength, by petty squabblings with evil on its own dunghill. Let us rather devote all our power and zeal to those ready and open methods of disseminating truth, which no force in this land can forbid us to use. When the true church of God consecrates the talents she has from Him, to the spread of the gospel through our country, every wall that the enmity or idol- ati-y of men can build against it shall fall like those of Je- richo at the trumpeting of the Levites ; when she walks forth, the light of her presence shall dissipate every sha- dow, and, " terrible as an army with banners," her peace- ful triumphs will crown our whole people with the glory of the Lord, a joy and a defence. Blessed be God, there are those who have felt the ne- cessity of these religious ellbrts for the good of our coun- ti-y, and the immortal well-being of our countrymen. They are, indeed, but too few, and their zeal has not al- ways been etjual to their opportunities and respon.sibility. Yet in them, their examples of Christian conduct, their testimony to the power of religion, and their benevolent labours for the illumination of the ignorant, we see the providence of God blessing our nation with moral life, and contirming our government, founded upon the will of the people, by the only sufficient buttresses, knowledge, vir- tue, and the fear of God. The faithful Christian is the only faithful patriot, and he is not a faitliful Chiislian who serves not his countiy in the name of Christ, and in the spirit of !iis gospel. These thoughts, !vs you know, have been suggested by 390 LIFE OF JACKSON. the recent anniversary of our national independence, a day which should be dear and sacred to us all, though often miserably polluted by intemperance, and profaned by par ty assemblages. Surely we might devote one day of the year to the charities of patriotic brotherhood, and lose all minor distinctions in our common citizenship ; nor should •we forget before the altar of our father's God, the Author of all mercies, his mighty doings for us in th^ past ; the good, the great, the wise, the valiant, whom he has raised up to serve, guide, and defend us ; and the blessing which he has caused to rest upon their counsels, their arms, their zeal, and their sacrifices. Such recollections are due to Him, to our country, ^nd to humanity. Children should hear the story, and the best genius contribute to its illustration. Fresh laurels should be plucked and wreathed upon the graves of the beloved for their coun- try's sake, and eloquence pay its richest tribute to their heaven-sent worth, that the hving may hear and follow their example. \Vhile 1 thus speak, the spell cf a great name comes upon our hearts, compelling us to Ltter their thoughts and emotions. When the sun of that morning rose, it gilded the fresh tomb of one whose ear, for the first time since the 4th of July, 1776, failed to vibrate with the thunder- ings of his country's biilh-day joy ; and a voice, for the first time, answered not its cheers, which, since its boyish shout was heard through the Revolutionary strife, had never been wanting in the annual conclamation. The iron will, whose upright strength never quivered amidst the hghtning storms that crashed around it in battle or con- troversy; the adamantine judgment, against which ad- verse opinions dashed themselves to break into scattered foam; the far-reaching faith, that flashed light upon dan- gers hidden from the prudence of all beside ; the earnest affection, that yearned in a child's simplicity, the purpose of a sage, a parent's tenderness, and the humble fidelity of a swDrn servant over the people who gave it rule and elevation, have ceased among us: Andrew Jackson is with God. He, who confessed no autliority on earth but the welfare of his country and his own convictions of right' '> BETHI'.VK's DI3COUR3E. 391 who nevei turned to rest while a duty remained to he done, and who never asked the support of any human arm in his hour of utmost difficulty; bowed his head meekly to the command of the Highest, and walked calm- ly down into the grave, leaning- upon the strength of Je- sus; paused on the threshold of immortality to forgive his enemies, to pray for our liberties, to bless his weeping household, and to leave the testimony of his trust in the gospel of the Crucified; and then, at the fall of a Sabbath evening, passed into the rest which is eternal. His hist enemy to be destroyed was death. Thanks be to God, who gave him the victory through our Lord Jesus Christ! To say that he had faults, is to say that he w^as human ; the errors of a mind so energetic, in a career so eventful, must have been striking; nor could a character be sub- jected to censure more merciless, than he provoked by a policy original and unhesitating, at open war with long- established usages, and dogmas that had grown into un- questioned axioms. Bereft in his early youth of parental guidance and restraint, educated in the camp and the forest bivouac, and forced to push his own fortunes through the rough trials of a border life, we can scarcely wonder that, until age had schooled his spirit and tempered his blood, he was impetuous, sensitive to insult, and prone to use the strong hanfL Warm in his attachments, he was slow to discover frailty in those he loved, or to accord confidence where once he had doubted. Grasping, by his untutored genius, conclusions which other men reach by philosophical detail, he made, while sure of just ends, some mistakes in his methods, for the time disastrous Called to act at a crisis when the good and evil in our national growth had become vigorous enough for conflict, and wealth and labour, like the twins of Rebecca, were struggling for the right of the elder born, his decisions in great but sudden emergencies were denounced by that after criticism, which can look back to condemn, but is olind to lead. Compelled to resolve stupendous, xuipre- cedented questions of government and political economy, he roused the hostility of opposite schools in those difficult sciences. Xever ehrinking from any responsibihty, per- 392 LIFE OF JACKSON sonal or official, he sternly fulfilled his interpretations of duty, as a co-ordinate branch of the national leo-islature, leaving his course to the verdict of his constituents; nor did he hesitate to avail himself of all the means he could extract from the letter of the constitution, to achieve what he thought was the intent of its spirit. His was a stern, prompt, and energetic surgery, and though the body poli- tic writhed under the operation, none can tell, though some may conjecture, the more fatal consequences his se- verity averted. If he were wrong, public opinion has since adopted the chief of his heresies, and there is no hand strong enough or daring enough to lay one stone upon another of that wliich he threw down into ruins. But in all this, his heart was with the people, his faith firm in the sufficiency of free principles; and regardless alike of deprecating friends and denouncing opponents, he held on throughout to one only purpose, the perma- nent good of the whole, unchecked by particular privile- ges, and unfettered by artificial restrictions. To use his own lofty language, " In vain did he bear upon his person enduring memorials of that contest in which American liberty was purchased; * * * in vain did he since peril property, fame, and life, in defence of the rights and privileges so dearly bought, if any doubts can be enter- tained of the purity of his purposes and motives. * * Nor could he have found an inducement to com- mence a career of ambition, when gray hairs and a de- caying frame, instead of inviting to toil and battle, called him to contemplate other worlds, where conquerors cease to be honoured, and usurpers expatiate their crimes." But though there are passages in his life, about which the most hone--% have held, and may yet hold, conti'ary opinions, there are services of his demanding the gratitude of all, and virtues all must deliglit to honour. Can we forget that victory, in wliich his ready strategy and con- summate skill turned back, by the valour of scarcely dis- ciplined men, the superior numbers and veteran determi- nation of a foreign foe from the spoil and dishonour of a rich and populous territory ? or the entire success, with which he delivered from the scalping-kiife and torture of bethlne's discourse. 393 ffily and ferocious savages, the Florida settlements, an Aciiievement, which in subsequent trials far less arduous, .10 other leader has been able to imitate ? Or the tri- amph of simple tirmness over diplomatic, procrastinating uibtleties, when, planting his foot upon wliat w^as clearly ight, in a determination to suffer nothing that was clearly A-rong, he swung round a mighty European empire to pay its long-withheM indemnity for injuries done to American commerce ? And in that darkest huur of our country's history, when a narrow sectionalism counterfeited the colour of patriotic zeal, and discord shotik her gorgon locks, and men shuddered as they saw, yawning wide in the midst of our confederacy, a gulf which threatened to demand the devotion of many a life before it would close again, how sublimely did he proclaim over the land that doctrine sacred as the name of Waiihington, The Union must be preserved! and the storm died away with impo- tent mutterings. Nor is his glory in this the less, that he shared it with another, and that other, one who?-e name the applauses of his countrymen have taught the mountains and the valleys to echo down for far genera- tions, as the gallant, the frank, the brilliant statesman, to whose fame the highest office could add no decoration, nor disappointment rob of just claims to the people's love. It was a lofty spectacle, full of rebuke to party jealousy and of instruction to their countrymen, when Henry Clay offered the compromise of his darling theory, and An- drew Jackson endorsed the new bond that made the Union again, and, as we trust, indissolubly firm. Remarkable as the contrast is, there were traits in the temper of the indomitable old man, tender, sim- ple, and touching. "With what faithful affection he honoured her while living, whose dear dust made the hope of his last resting-place more sweet, that he might sleep again at her side ! And, if his heart seemed some- times steeled against the weakness of mercy, when crime was to be punished, or mutiny controlled, or danger an- nihilated ; he could also stoop in his career of blo(jdy con- quest, to take a wailing, new-made orphan to his pitying heart' with the same hand, that had just struck dow» 2?94 ..IFK OF JACKSOS invading foes, he steadied the judgmeni-scji!. .sna'nen witl the tremors of him who sat upon it, to pronounce seiv- tence against him for law violated in martial necessity , and at the height of authority, the poor man found him h brother and a friend. But, how surpassingly beautiful was his closing scene, when, as the glories of his earthly honour were fad- ing in the brightness of his eternal anticipations, and his head humbly rested upon the bosom of Him who was crucitied. for our sins, his latest breath departed in the praises of that religion which had become his only boast, and in earnest counsel that all who loved him might ob- tain the Hke faith, and meet him in heaven ! There was lio doubt in his death ; he had prepared to meet his God ; and when his giant heart fainted, and his iron frame fail- ed, God was the strength of his heart, and his portion for ever. Little would all his achievements have won for him, had he gained the whole world, yet lost his soul; but now his fame will survive aniil time shall be no more, and his spirit is immortal among the redeemed. The an- gels bore him from us, no longer the hero, the statesman, the guide of millions, and the master mind of his country ; but a sinner saved by grace, to the feet of the Lamb that was slain, a little child of God to the bosom of his Father My hearers, have you been his friends? Obey his part- ing counse-1, and by faith in Jesus, follow him to heaven, whom you have dehghted to follow on earth. Have you been in opposition to his life ? Refuse not the profit of liis death, but find in that blood, which cleansed him from all his sins, atonement for your own. that his last testimony had the same power over men's souls, as his cheer in battle, and his pi-oclamations of political doc- trine! Then would he shine bright among the brightest in the constellation of those who turn many to righteous- ness. My brethren, I liave spoken much longer than I meant to have done, but you would not have withheld from me the privilege. If I have dwelt upon the best traits in the notable character of one, who has not been suffered to escape thi: earnest ^crimination of many, it has been he betiiune's discourse. 395 cause he is dead Yuu, who listened to nit wiih so much candour, when I paid, four j'ears since, an humble tribute to the merits of him who reached the height of authority to sink into a grave watered by a nation's tears, will not condenm my utterance of similar emotions now. The jackal hate, that howls over the lifeless body, is far remo- ved from your Christian charity and generous judgment. " Vile is the vengennce on tlie nshos cold. Aiul envy base lo bark at slecprng mould." Let US rather pray as Christians, that the memory of good deeds may live, and the e.xample of a Christian's death be sanctified. Let us, as Christian patriots, take new courage in setting forth, by word and practice, the paramount virtue of the rehgion we profess, to save our country, as it saves the soul ; and, while we mourn tlie conflicts of evil passion, not forget tlie actual good which, by the Divine favour, is working out health from the mys- terious fermentation. There is, notwithstandino- occasional ao-itation, a calm good sense among our people, sufficient to recover and maintain the equilibrium. It is not seen blustering around the polls ; it is not heard vociferating and apjilauding in party meetings ; nor, unhappily, does it often appear on the arena, where misnomered statesmen struggle rather for personal advancement than their country's good ; but it lives with those, who, in honest toil, are too independent to be bought, or, in lionest competence, too content to de- sire the doubtful distinctions of popular favor. It is nur- tured by the lessons of holy religion. It is breathed in the prayer of God's true worshippers. It deliberates around the domestic hearth, where the father thinks of the posterity Avho are to live after him; in the philosophic retirement of the man of letters; in the workshop where the freeman feels proud of his sweat; and in the cultured field, from which the farmer knows that his bread is sure by the bounty of heaven. It is felt in the practice of common duties, the e.vample of daily virtues, and the re- Bults of observant experience. It is like oil on the v,-aves ct' noisy strife. The man in powt;r ti-embles as he hetirs 396 LIFE OF JACKSON. its Still small voice; tlie secret conspirator finds its cleai eye upon him, and quails beneath the searching scrutiny: and, like the angel of Israel, it meets the demagogue ou his way to curse the land which God has blest, and, if he be not turned back, it alarms and forewarns the beast ok which he rides. It may be said, that the party of the honest and intc- ligent is small, far smaller than, with my respect for niy country, I believe it to be ; but, if it be, it has still the controlling voice from the divisions of the rest. Each dis- astrous experiment teaches them new prudence, each well- sustained trial new courage. They have not looked for immediate perfection, and, thoi-efore, are willing yet to learn. They are the men who hold the country together, and their influence is the salt which saves the mass from utter corruption. I look upward above the dust which is raised by scuffling partisans, to the throne of our fath- ers' God; I look backward on all the threatening events through which he has brought us; and I can commit my country to the care of Hmi wnn " air.kf th even the wrath of man to praise hira," and believe that it is safe. Undei providence, I rely with an unshaken faith on the intelli gent will of the American people. If my faith be a c<^ lus:.on, may it go with me to my gi'ave. When its war rant proves false, I could pray God, if it be his Avill, to le me die ; for the brightest hope that ever dawned on poll tical freedom shall have been lost in darkness, the fairest c'.olumn ever reared bv the hands of men cast down, and the beacon light of the world gone out. My hearers, we must soon a{)pear before God to an- swer for all our conduct here. Then, what will avail all our busy, anxious, most successful pursuit of this world, if, through neglect of a timely faith and repentance, we are lost for ever? Let me entreat you, therefore, to seek first the kinii'domof God and his righteousness, that the Ho- ly S{)irit may be your guide, Christ your mtercessor, and the Fathei receive you among the children of his love. Un- til we have obtained this grace for ourselves, we shall seek in vain to do any real good; there is no promise of an answer to (jur prayers, or of a blessing upon our '»""*L bethune's discourse. 39'i We cannot Le faithful to others, while we reniain unfaith- ful to (^od and our own souls. May the voice of Pre best service to God, our country, and our race \meu- TO! wn. CENTRAL UNIVERSITY LIBRARY University of California, San Diego DATE DUE ■^^^^^tH^ UCSD Libr. UC SOUTHERN REGIONAL LIBRARY FACILITY A A 001 409 466 University of California SOUTHERN REGIONAL LIBRARY FACILITY 305 De Neve Drive - Parking Lot 17 • Box 951388 LOS ANGELES, CALIFORNIA 90095-1388 Return this material to the library from which it was borrowed.