IN MEMORIAM BERNARD MOSES AMERICAN POLITICS (NON-PARTISANi FROM THE BEGINNING TO DATE, KMBODYINfi A HISTORY OF A LI, THE POLITICAL PARTIES, WITH THEIR VIEWS AND RECORDS ON ALL IMPORTANT QUESTIONS. GREAT SPEECHES ON ALL GREAT ISSUES, THE TEXT OP ALL EXISTING POLITICAL LAWS A COJIPLKTE Tabulated History of American Politics Comprising Tables of every kind — Elections fuom the beginning to date, Presidential, State, Senato- rial, Congressional, etc. Tabulated Financial History of all National and Confederate Debts, Congressional Apportionments, Tariffs, Taxes, Interest Laws, etc., etc. Parliamentary Practice from Jefferson's Manual with Complete References, U. S. Constitution, .Article.* of Confederation, Declaration, etc Also a Complete FEDERAL BLUE BOOK WITH ALL THE FEDERAL OFFICES, THEIR DUTIES, LOCATIONS, SALARIES. AND AN ACH'URATE STATEMENT OF THE INFLUENCES BY WHICH THEY ARE OBTAINED. BY HON. THOMAS V. COOPER, Member Penn.sylvaiiia Housu of Repiesentative.s, 1870-72. Senate, 1874r84. ihainnaii Republican State Committee of Pennsylvania, 1881-82. HECTOR T, FENTON. ESQ., .MeuiljLT of till' Phil:i.1rlphia Bur. CHICAGO, ILL.: CMARI.KS H. BKOI^IX. KNTKKKK ACCOKUING TO ACT OK CONGRESS. TO THE PROPOSITION THAT ALL AMERICAN CITIZENS SHOULD TAKE AN INTEREST IN PUBLIC AFFAIRS. 21312(J PREFACE. The writer of this voUime, in the pursuit of his profession as an editor, and throughout an active poHtical hfe, lias always felt the need of a volume from which any important fact, theory or record could be found at a moment's glance, and without a search of many records. He has also remarked the singular fact that no history of the political parties of the country, as they have faced each other on all leading issues, has ever been published. These things prompted an undertaking of the work on his own part, and it is herewith presented in the hope that it will meet the wants not only of those connected with politics, but of all who take an interest in public affairs. In this work very material aid has been rendered by the gentleman whose name is also associated with its publication, and by many political friends, who have freely responded during the past year to the calls made upon them for records, which have been liberally employed in the WTiting and compilation of this work. THOS. V. COOPER. Media, Pa., March 1, 1882. TABLE OF CONTENTS. BOOK I.— HISTORY OF THE POLITICAL PARTIES. PAGE. Colonial Parties — Whig and Tort 3 Particularists and Strong Government Whigs 5 'i'EDERALS AND AnTI-FeDERALS 7 Kepublicans and Federals 9 .Downfall of the Federals 13 Democrats and Federals 17 Jefferson Democrats 19 Hartford Convention 20 Treaty of Ghent 20 Congressional Caucus 21 Protective Tariff 21 Monroe Doctrine 23 Missouri Compromise 24 Tariff — American System • • 25 Tenure of Office — Eligibility 27 Nullification — Democrats and Federals 29 United States Bank 31 Jackson's Special Message on the United States Bank 33 Conception of Slavery Question 35-.^ _ D j fl tp riRAxa AND Whigs (^V / The Hour Rule W"' National Bank Bill — First 41 " " " Second 43 Oregon Treaty of 1846 47 Treaty of Peace with Mexico 49 Clay's Compromise Resolutions 51 Abolition Party — Rise and Progress of 53 Kansas-Nebraska Bill 55 Ritual of the American Party 57 Kansas Struggle 71 Lincoln and Douglas Debate 73 Charleston Convention — Democratic, 1860 81 Douglas Convention, 1860, Baltimore 86 Breckinridge Convention, 1860, Baltimore 86 Chicago Republican Convention, 1860 86 American Convention, 1860 87 Secession — Preparing^ fob 87 vii viii TABLE OF CONTENTS. PAGE. Secession— ViEGiNiA Coxvextion, 18G1 91 " Intek-State Commissioners 96 " Southern Congress, Proceedings of 97 " Confederate Constitution 97 " Confederate States 98 Buchanan's Views 99 Crittenden Compromise 104 Peace Convention 106 Actual Secession 109 " " Transferring Arms to the South 109 Fernando "Wood's Secession Message 112 Congress on the Eve of the Rebellion 113 Lincoln's Views 115 Judge Black's Views 115 Alexander H. Stephens' Speech on Secession 11() Lincoln's First Administration 120 Confederate Military Legislation 128 Guerrillas 129 Twenty-Negro Exemption Law 130 Douglas on the Rebellion 130 Political Legislation Incident to the War 130 Thirty-Seventh Congress 131 Compensated Emancipation 135 Lincoln's Appeal to the Border States 137 Reply of the Border States 138 Boeder State Slaves 139 Emancipation 141 " Preliminary Proclamation of 141 " Proclamation of 143 Loyal Governors, the Address of 144 Fugitive Slave Law, Repeal of 145 Financial Legislation 149 Seward as Secretary of State 149 Internal Taxes 151 Confederate Debt 152 Confederate Taxes 153 West Virginia — Admission of 158 Color in War Politics 159 Thirteenth Amendment — Passage of 1G7 Louisiana — Admission of Representatives 168 Reconstruction 169 Arkansas — Admission of 170 Reconstruction Measures — Text of 171 Fourteenth Amendment 174 McClellan's Political Letters 175 Lincoln's Second Administration 177 Andrew Johnson and his Policy 178 " " — Impeachment Trial 179 Grant 191 Enforcement Acts • 193 Readmission of Rebellious States 193 Legal Tender Decision 191 Greenback Party 194 Prohibitory Party 196 San Domingo— Annexation of 19G TABLE OF CONTENTS. Jx PAGE. Alabama Claims 197 Force Bill 197 Civil Service — Okdee of Presibent Hayes 198 Amnesty 199 Liberal Republicans 199 Beform in the Civil Service 200 Credit Mobilier 200 Salary Grab 214 Returning Boards 217 Grangers 218 — Illinois Railroad Act of 1873 218 Civil Rights Bill — Supplementary 221 Morton Amendment 222 Whisky Ring 222 Belknap Impeached 223 White League 223 Wheeler Compromise — Text of 226 Election op Haye3 and Wheeler 228 Electoral Count 229 Title of President Hayes 233 Cipher Despatches 234 The Hayes Administration 239 Negro Exodus 240 Campaign of 1880 242 Three Per Cent. Funding Bill 244 History of the National Loans 245 Garfield and Arthur — Inauguration of 253 Republican Factions 2-53 The Caucus 256 Assassination of Garfield 260 Arthur, President 261 Boss Rule 261 Readjusters 263 Mormonism — Suppression of 264 " Text of the Bill 265 South American Question 269 Star Route Scandal 277 The Coming States 278 Chinese Question 281 " " — Speech of Senator Miller on 281 " " — Reply of Senator Hoar 2S5 Merchant Marine 296 Current Politics 298 BOOK II.— POLITICAL PLATFOEMS. Virginia Resolutions, 1798 3 Virginia Resolutions, 1798 — Ans^ters op the State Legislatures 6 Resolutions of 1798 and 1799 10 Washington's Farewell Address 14 All National Platforms from 1800 to 18S0 21-68 Comparison op Platform Planks on Great Political Questions 69-79 TABLE OF CONTENTS. BOOK ni.— GREAT SPEECHES OX GREAT ISSUES. PAGE. James Wilson's Vikdication of the Colonies 3 Patrick Henry before Virginia Delegates 7 John Adams on the Declaration 8 Patrick Henry on the Federal Constitution 10 ->, John Randolph against Tariff 13 Edward Everett on the Example of the Northern to the Southern Republics of America 18 Daniel Webster on the Gbsek Question 19 ~sJoHN Randolph's Reply to Webster 20 Paul B. Hayne against Tariff 21 Henry Clay on his Land Bill 23 John C. Calhoun's Reply to Clay 24 Paul B. Hayne on Sales of Public Land — the Foote Resolution 25 Daniel Webster's Great Reply to Hayne 48 John C. Calhoun on the Rights of the States 80 Henry Clay on the American Protective System 86 James Buchanan on an Independent Treasury 95 Lewis Cass on the Missouri Compromise 96 Clement L. Vallandigham on Slavery •••.... 97 Horace Greeley on Protection 99 Henry A- Wise Against Know-Nothingism ...••• -^^ Kenneth Raynor on the Fusion of Fremont and Fillmore Forces 112 Religious Test-Debate on the Article in the Constitution in Regard to it . 114 Henry Winter Davis on the American Party 115 Joshua R. Giddings Against the Fugitive Slave Law 116 Robert Toombs in Favor of Slavery n'j JuDAH P. Benjamin on Slave Property 119 W^iLLiAM Lloyd Garrison on the Slavery Question 120 Theodore Parker Against the Fugitive Slave Law and the Return of Sims . 121 William II. Seward on the Higher Law 122 Charles Sumnee on the Fallibility of Judicial Tribunals 123 Galcsha a. Grow on his Homestead Bill 123 Lincoln and Douglas Debate — j " " " Douglas's Speech 126 j " " " Lincoln's Reply 133 " " " Douglas's Rejoinder 143 Jefferson Davis on Retiring from the United States Senate 147 Henry Wilson on the Greeley Canvass 149 Oliver P. Morton on the National Idea 151 J. Proctor Knott on " Duluth," 154 Henry Carey on the Rates of Interest 159 Simon Cameron on Internal Improvements lf'3 John F. Logan on Self-Government 1G5 James G. Blaine on the " False Issue," 171 roscoe conklino on the extra session of 1879 176 Lincoln's Speech at Gettysburg 186 John M. Broomall on Civil Rights 186 Charles A. Eldridge against Civil Rights 189 A. K. McClube on "What of the Republic?" ••...... 191 Robt. G. Inoersoll Nominating Blaine 201 \ TABLE OF CONTENTS. ^ PAGE. EOSCOE CONLLINO NOMINATING GrANT 202 James A. Garfield Nominating Sherman 203 Daniel Dougherty Nominating Hancock 205 George Gray Nominating Bayard 205 William P. Frye Nominating Blaine (at Chicago) 206 Senanor Hill's Denunciation of Mauone 207 Senator Mahonb's Reply 217 Justin S. Merrill on the Tariff Commission 223 J. Don Cameron on Reduction of Revenue as Affecting the Tariff .... 233 Thomas H. Benton on the Election of Presidents 237 James G. Blaine's Eulogy on Pee,sident Garfield 240 BOOK IV.— PARLIAMENTARY PRACTICE, Etc. Declaration of Independence 3 Articles of Confederation 5 Jefferson's Manual 3 BOOK v.— EXISTING POLITICAL LAWS. Great Seal of the United States 3 Relating to the National Flag 3 President and Vice President — election of 4 Electoral College 4 Organisation of the House of Representatives 7 President may change place of Meeting op Congress 9 Pay of certain Public Officers 9 Supreme Court. . , 10 Court of Claims 10 Tenure of Office 10 Election of Senators 12 Salary Act of 1874 12 Provisions applicable to several classes of Officers 15 Crimes against the Elective Franchise 20 Immigration 24 Naturalization 24 Homesteads 27 Land Offices 31 Civil Rights 31 Citizenship 34 Elective Franchise 35 Freemen 39 Alien Enemies 41 Bounty Lands 42 Act to Extend the Time for Filing Claims to Additional Bounty 4G Relief of Settlers on Railroad Lands 47 xii TABLE OF CONTENTS. PAGE. Slave Teade 47 Ceimes — Geneeal Peovisioss 49 " Against the Existence of the Goveenmext 50 Funding the National Debt 51 Civil Seevice — Political Assessments 51 Amendments to the Constitution 51 Unifoem Time foe Election of Membees of Congeess not to Apply to Ceetain States 51 Peesent Taeiff Laws 52 " " " — Supplements 94 The Law of Nations 98 Pay of Peincipal Officees in vaeious Departments 40 Depaetment and all Fedeeal Offices, how obtained and the Pay 44-112 BOOK VI— FEDERAL BLUE BOOK. Goveenmental Duties 3 Department Officees — theie Duties 4—16 Senatoes, Repeesentatives and Delegates 20 Congeessional Committees of Session of 1882 23-31 BOOK VII— TABULATED HISTORY OF POLITICS. COMPEISING NEAELY 100 TABLES FULLY SET OUT IN THE INDEX ; STATISTICS WHICH touch every SUBJECT BEABING UPON PAST, PEESENT OE PEOBABLE POLITICAL ISSUEJ. 3-114 Cheonological Politics, June 1765 to 1882 110 AMERIOAK POLITICS, BOOK I. HISTOKT OF THE POLITICAX, PAETIES OF THE UNITED STATES. AMERICAN POLITICS. BOOK I. HISTORY OF THE POLITICAL PAETEES OF THE UNITED STATES. Colonial Parties— "WTilg and Tory. The parties peculiar to our Colonial times hardly have a place in American politics. They divided people in senti- ment simply, as they did in the mother country, but here there was little or no power to act, and were to gather results from party victories. Men were then Whigs or Tories because they had been prior to their emigration here, or because their parents had been, or because it has ever been natural to show division in in- dividual sentiment. Political contests, however, were unknown, for none enjoyed the pleasures and profits of power ; the crown made and unmade rulers. The local self-government which our fore- fathers enjoyed, were secured to them by their charters, and these were held to be contracts not to be changed without the consent of both parties. AH of the inhabi- tants of the colonies claimed and were justly entitled to the rights guaranteed by the Magna Charta, and in addition to these they insisted upon the supervision of all internal interests and the power to levy and collect taxes. These claims were con- ceded until their growing prosperity and England's need of additional revenues suggested schemes of indirect taxation. Against these the colony of Plymouth pro- tested as early as 1636, and spasmodic pro- tests from all the colonies followed. These increased in frequency and force with the growing demands of King George III. In 1651 the navigation laws imposed upon the colonies required both exports and imports to be carried in British ships, and all who traded were compelled to do it with Eng- land. In 1672 inter-colonial duties were imposed, and when manufacturing sought to flank this policy, their establishment was forbidden by law. The passage of the Stamp Act in 1765 caused high excitement, and for the first time parties began to take definite shape and manifest open antagonisms, and the words Whig and Tory then had a plainer meaning in America than in England. The Stamp Act was denounced by the Whigs as direct taxation, since it provided, that stamps previously paid for should be affixed to all legal papers. The colonies resented, and so general were the protests that for a time it seemed that only those who owed their livings to the Crown, or expected aid and comfort from it, re- mained with the Tories. The Whigs were the patriots. The war for the rights of the colonies began in 1775, and it was supported by majorities in all of the Co- lonial Assemblies. These majorities were as carefully organized then a.s now to pro- mote a popular cause, and this in the face of adverse action on the part of the sev- eral Colonial Governors. Thus in Vir- ginia, Lord Dunmore had from time to time, until 1773, prorogued the Virginia Assembly, when it seized the opportunity to pass resolves instituting a committee of correspondence, and recommending joint action by the legislatures of the other colonies. In the next year, the same body, under the lead of Henry, Randolph, Lee, Wa-^hington, Wythe and other patriots, officially deprecated the closing of the 3 AMERICAN POLITICS. [book I. port of Boston, and set apart a day to im- plore Divine interposition in behalf of the colonies. The Governor dissolved the Houce for this act, and the delegates, 89 in number, repaired to a tavern, organized themselves into a committee, signed arti- cles of association, and advised with other colonial committees the expediency of " appointing deputies to meet in a general correspondence" — really a suggestion for a Congress. The idea of a Congress, how- ever, originated with Doctor Franklin the year before, and it had then been approved by town meetings in Providence, Boston and New York. The action of Virginia lifted the proposal above individual advice and the action of town meetings, and called to it the attention of all the colo- nial legislatures. It was indeed fortunate in the incipiency of these political move- ments, that the people were practically unanimous. Only the far-seeing realized the drift and danger, while nearly all could join their voices against oppressive taxes and imposts. The war went on for colonial rights, the Whigs wisely insisting that they were wil- ling to remain as colonists if their rights should be guaranteed by the mother coun- try ; the Tories, chiefly fed by the Crown, were willing to remain without guarantee — a negative position, and one which in the high excitement of the times excited little attention, save where the holders of such views made themselves odious by the enjoyment of high official position, or by harsh criticism upon, or treatment of the •patriots. The first Continental Congress assembled in Philadelphia in September, 1774, and there laid the foundations of the Republic. While its assemblage was first recom- mended by home meetings, the cause, as already shown, was taken up by the as- semblies of Massachusetts and Virginia. Georgia alone was not represented. The members were called delegates, who de- clared in their official papers that they were " appointed by the good people of these colonies." It was called the " revo- lutionary government," because it derived its power from the people, and not from the functionaries of any existing govern- ment. In it each colony was allowed but a single vote, regardless of the number of delegates, and here began 'not only the unit rule, but the practice which ol3tains in the election of a President when the contest reaches, under the constitution and law, the National House of Rei)rescnta- tives. The original object was to give equality to the colonies as colonics. In 1775, the second Continental Con- gress assembled at IMiiladelphia, all the colonics being again represented save Georgia. The delegates were chosen prin- cipally by conventions of the people, though some were sent by the popular branches of the colonial legislatures. In July, and soon after the commencement of hostilities, Georgia entered the Con- federacy. The Declaration of Independence, passed in 1776, drew yet plainer lines between the Whigs and Tories. A gulf of hatred sepa- rated the opposing parties, and the Tory was far more despised than the open foe, when he was not such, and was the first sought when he was. Men who contend for liberty ever regard those who are not for them as against them — a feeling which led to the expression of a political maxim of apparent undying force, for it has since found frequent repetition in every earnest campaign. After the adoption of the De- claration by the Continental Congress, the Whigs favored the most direct and abso- lute separation, while the Tories supported the Crown. On the 7th of June, 1776, Richard Henry Lee, of Virginia, moved the Declaration in these words: "Resolved, That these united colonies are, and of right ought to be, free and indepen- dent states ; that they are absolved from all allegiance to the British Crown, and that all political connection between them and the State of Great Britain is, and ought to be, totally dissolved." Then followed preparations for the for- mal declaration, which was adopted on the 4th of July, 1776, in the precise language submitted by Thomas Jefferson. All of the state papers of the Continental Con- gress evince the highest talent, and the evils which led to its exhibition must have been long but very impatiently endured to impel the study of the questions involved. Possibly only the best lives in our memory invite our perusal, but certain it is that higher capacity was never called to the performance of graver political duties in the history of the world. It has been said that the Declaration is in imitation of that published by the Uni- ted Netherlands, but whether this be true or false, the liberty-loving world has for more than a century accepted it as the best protest against oppression known to political history. A great occasion con- spired with a great author to make it grandly great. Dr. Franklin, as early as July, 1775, first prepared a sketch of articles of confedera- tion between the colonies, to continue until their reconciliation with Great Britain, and in failure thereof to be perpetual. John Quincy Adams says this plan was never discussed in Congress. June 11, 1776, a committee was apj)ointed to pre- pare the force of a colonial confederation, and the day following one member from each colony was appointed to jierform the duty. The report was submitted, laid aside August 20, 1776, taken up April 7, BOOK 1.] PARTICULARISTS— STRONG GOVERNMENT WHIGS. 1777, and debated from time to time until November 15th, of the ^-ame year, when the report was agreed to. It was then submitted to the legislatures of the several states, these being advised to authorize their delegates in Congress to ratil'y the same. On the 2()th of June, 1778, the rat- ification was ordered to be engrossed and signed by the delegates. Those of New Hampshire, Massachusetts Bay, Rhode Island, Connecticut, New York, Penn- sylvania, Virginia and South Carolina signed.! uly Dth, 1778 ; those of North Car- olina July 21st ; Georgia July 24th ; .Jersey November 26th, same year ; Delaware February 22d and May 5th, 1779. Mary- land refused to ratify until the question of the conflicting claims of the Union and of the separate States to the property of the crown-lands should be adjusted. This was accomplished by the cession of the lands in dispute to the United States, and Maryland signed March 1st, 1781. On the 2d of March, Congress assembled un- der the new powers, and continued to act for the Confederacy until the 4th of March, 1789, the date of Ihe organization of the government under the Federal constitu- tion. Our political life has therefore three periods, " the revolutionary government," the confederation," and that of the "fed- eral constitution," which still obtains. The federal constitution is the result of the labors of a convention called at Phila- delphia in May, 1787, at a time when it was feared by many that the Union was in the greatest danger, from inability to pay soldiers who had, in 1783, been dis- banded on a declaration of peace and an acknowledgment of independence ; from prostration of the public credit and faith of the nation ; from the neglect to provide for the payment of even the interest on the public debt ; and from the disappoint- ed hopes of many who thought freedom did not need to face responsibilities. A large pf)ition of the convention of 1787 still clung to the confederacy of the states, and advocated as a substitute for the con- stitution a revival of the old articles of confederation with additional powers to Congress. A long discussion followed, and a most able one, but a constitution for the people, embodying a division of legis- lative, judicial and executive powers pre- vailed, and the result is now daily wit- nessed in the federal constitution. While the revolutionary war lasted but seven years, the political revolution incident to, identified with and directing it, lasted thirteen years. This was completed on the 30th of April, 1789, the day on which Washington was inauLairated as the first President under the federal constitution. The Partlciilarlsts. As questions of goverument were evolved by the struggles for independence, the VVhigs, who of course greatly outnumbered all others during the Revolution, naturally divided in sentiment, though their divi- sions wc^re not sufficiently serious to excite the establishment of rival parties — some- thing which tlie great majority of our fore- fathers were too wise to tliink of in time of war. When the war closed, however, and the question of establishing the Union was brought clear to the view of all, one class of the Whigs believed that state govern- ment should be supreme, and that no cen- tral power should have sufficient authority to coerce a state, or keep it to the com- pact against its will. All accepted the idea of a central government ; all realized the necessity of union, but the fear that the states would lose their power, or sur- render their independence was very great, and this fear was more naturally shown by both the larger and the smaller stales. This class of thinkers were then called Partic- ularists. Their views were opposed by the Strong Government Wlilgs who argued that local self-government was inadequate to the establishment and per- petuation of political freedom, and that it afforded little or no power to successfully resist foreign invasion. Some of these went so far as to favor a government pat- terned after that of England, save that it should be republican in name and spirit. The essential differences, if they can be re- duced to two sentences, were these : The Particularist Whigs desired a government republican in form and democratic in spirit, with rights of local self-government and state rights ever uppermost. The Strong Government Whigs desired a gov- ernment rei>ublican in form, with checks upon the impulses or passions of the peo- ple ; liberty, sternly regulated by law, and that law strengthened and confirmed by central authority — the authority of the na- tional government to be final in appeals. As we have stated, the weakness of the confederation was acknowledged by many men, and the majority, as it proved to be after much agitation and discussion thought it too imperfect to amend. The power of the confederacy was notacknow- edged by the states, its congress not re- spected by the peoi>le. Its requisitions were disregarded, foreign trade could not be successfully regulated ; foreign nations refused to bind themselves by commercial treaties, and there was a rapid growth of very dangerous business rivalries and jealousies between the several states. Those which were fortunate enough, in- dependent of congress, to possess or se- cure ports for domestic or foreign com- merce, taxed the imports of their sister AMERICAN POLITICS. [book u states. There was confusion which must soon have approached violence, for no authority beyond the limits of the state was respected, and Congress was notably powerless in its attempts to command aid from the states to meet the payment of the war debt, or the interest thereon. In- stead of general respect for, there was al- most general disregard of law on the part of legislative bodies, and the people were not slow in imitating their representatives. Civil strife became imminent, and Shay's Rebellion in Massachusetts was the first warlike manifestation of the spirit which was abroad in the land. Alive to the new dangers, the Assembly of Virginia in 1786, appointed commis- sioners to invito all the states to take part in a convention for the consideration of questions of commerce, and the propriety of altering the Articles of Confederation. This convention met at Annapolis, Sept. Ilth, 1786. But five states sent representa- tives, the others regarding the movement with jealousy. This convention, however, adopted a report which urged the appoint- ment of commissioners by all the states, "to devise such other provisions as shall, to them seem necessary to render the con- dition of the Federal government adequate to the exigencies of the Union ; and to re- port such an act for that purpose to the United States in Congress assembled, as, when agreed to by them and afterwards confirmed by the legislatures of every state, will effectually provide for the same." Congress approved this action, and passed resohitions favoring a meeting in conven- tion for the "sole and express purpose of revising the Articles of Confederation, and report to Congress and the State legisla- tures." The convention met in Philadel- phia in May, 1787, and continued its ses- sions until Sejjtember 17th, of the same year. The Strong Government Whigs had previ- ously made every possible eflbrt for a full and able representation, and the result did not disappoint them, for instead oi' simply revising the Articles of Confederation, the convention framed a constitution, and sent it to Congress to be submitted to that body and through it to the several legislatures. The act submitting it provided that, if it should be ratified by nine of the thirteen states, it should be binding upon those ratifying the same. Just here was started the custom which has since passed into law, that amendmonts to tlie n;xtional con- stitution shall be 8ul)milted after approval by Congress, to the legislatures of the sev- eral states, and after approval by three- fourths thereof, it shall be binding upon all — a very proper exercise of constitutiouid authority, as it seems n(»w, but which would not have won popular approval when Virginia proposed the Annapolis couvcutiuu in 1780. Indeed, the reader of our political history must ever be impressed with the fact that changes and reforms ever moved slowly, and that those of slow- est growth seem to abide the longest. Tlie Federal and Anti-Federal Parties. The Strong Government Whigs, on the submission of the constitution of 1787 to Congress and the legislatures, and indi- rectly through the latter to the people, who elect the members on this issue, became the Federal party, and all of its power was used to promote the ratification of the in- strument. Its ablest men, headed by Alexander Hamilton and James Madison, advocated adoption before the people, and their pens supplied much of the current political literature of that day. Eighty- five essays, still noted and quoted for their ability, under the nom deplume of "Pub- lius," were published in " The Federalist." They were written by Hamilton, Madison and Jay, and with irresistible force advo- cated the Federal constitution, which was ratified by the nine needed states, and Congress was officially informed of the fact July 2d, 1788, and the first Wednesday in March, 1789, was fixed as the time " for commencing proceedings under the con- stitution." This struggle for the first time gave the Federalists an admitted majority. The complexion of the State legislature prior to it showed them in fiact to be in a mi- nority, and the Particularist Whigs, or Anti-Federals opposed every preliminary step looking to the abandonment of the Articles of Confederation and the adoption of a Federal constitution. They were called Anti-Federals because they opposed a federal government and constitution and adhered to the rights of the States and those of local self-government. Doubtless party rancor, then as now, led men to op- pose a system of government which it seems they must have approved after fight- ing for it, but the earlier jealousies of the States and the prevailing ideas of liberty certainly gave the Anti-Federals a popu- larity which only a test so sensible as that proposed could have shaken. They were not without popular orators and leaders. Patrick Henry, the earliest of the pa- triots, and ■' the-old-man-eloquent," Samuel Adams, took special pride in espousing their cause. The war questions between Whig and Tory must have passed quickly away, as living issues, though the nows- pajiers and contemporaneous history show that the old taunts and battle cries were aj)plied to the new situation with a plain- ness and virulence tliat must still be envied by the sensational and more bitterly parti- san journals of our own day. To read these now, and some of our facts are gath- BOOK I.] FEDERALS AND ANTI-FEDERALS. ered from such sources, is to account for the frequent use of the saying touching " the ingratitude of republics," for when partisan hatred could deride the still re- cent utterances of Henry before the startled assembly of Virginians, and of Adams in advocating the adoption of the Declaration, there must at least to every surface view have been rank ingratitude. Their good names, however, survived the struggle, as good names in our republic have ever sur- vived the passions of the law. In politics the Americans then as now, hated with promptness and forgave with generosity. The Anti-Federals denied nearly all that the Federals asserted. The latter had for the first time assumed the aggressive, and had the advantage of position. They showed the deplorable condition of the country, and their opponents had to bear the burdens of denial at a time when nearly all public and private obligations were dis- honored ; when labor was poorly paid, work- men getting but twenty-five cents a day,with little to do at that; when even the rich in lands were poor in purse, and when com- merce on the seas was checked by the cold- ness of foreign nations and restricted by the action of the States themselves ; when manufactures were without protection of any kind, and when the people thought their struggle for freedom was about to end in national poverty. Still Henry, and Adams and Hancock, with hosts of others, claimed that the aspirations of the Anti- Federals were the freest, that they pointed to personal liberty and local sovereignty. Yet many Anti-Federals must have accept- ed the views of the Federals, who under the circumstances must have presented the better reason, and the result was as stated, the ratification of the Federal constitution of 1787 by three-fourths of the States of the Union. After this the Anti-Federalists were given a new name, that of " Close Constructionists," because they naturally desired to interpret the new instrument in such a way as to bend it to their views. The Federalists became " Broad Construc- tionists," because they interpreted the con- stitution in a way calculated to broaden the power of the national government. The Confederacy once dissolved, the Federal party entered upon the enjoy- ment of full political power, but it was not without its responsibilities. The govern- ment had to be organized upon the basis of the new constitution, as upon the suc- cess of that organization would depend not alone the stability of the government and the happiness of its people, but the repu- tation of the party and the fame of its leaders as statesmen. Fortunately for all, party hostilities were not manifested in the Presidential election. All bowed to the popularity of Washing- ton, and he was unanimously nominated by the congressional caucus and appointed by the electoral college. He selected his cabinet from the leading minds of both parties, and while himself a recognized Federalist, all felt that he was acting for the good of all, and in the earlier years of his administration, none disputed this fact. As the new measures of the government advanced, however, the anti-federalists or- ganized an opposition to the party in power. Immediate danger had passed. The constitution worked well. The laws of Congress were respected ; its calls for revenue honored, and Washington de- voted much of his first and second mes- sages to showing the growing prosperity of the country, and the respect which it was beginning to excite abroad. But where there is political power, there is opposition in a free land, and the great leaders of that day neither forfeited their reputations as patriots, or their characters as statesmen by the assertion of honest dif- ferences of opinion. AVashington, Adams, and Hamilton were the recognized leaders of the Federalists, the firm friends of the constitution. The success of this instru- ment modified the views of the anti- Federalists, and Madison of Virginia, its recognized friend when it was in prepara- tion, joined with others who had been its. friends — notably, * Doctor Williamson, of North Carolina, and Mr. Langdon, of Georgia, in opposing the administration,, and soon became recognized leaders of the anti-Federalists. Langdon was the Presi- dent pro tern, of the Senate. Jefferson was then on a mission to France, and not until some years thereafter did he array himself with those opposed to centralized power in the nation. He returned in November, 1789, and was called to Washington's, cabinet as Secretary of State in March, 1790. It was a great cabinet, with Jeffer- son as its premier (if this term is suited to. a time when English political nomenclature was anything but popular in the land ; ) Hamilton, Secretary of the Treasury ; Knox, Secretary of War, and Edmund Randolph, Attorney-General. There was no Secretary of the Navy until the ad- ministration of the elder Adams, and no Secretary of the Interior. The first session of Congress under the Federal constitution, held in New York, sat for nearly six months, the adjournment taking place September 29th, 1789. Nearly all the laws framed pointed to the organi- zation of the government, and the discus- sions were able and protracted. Indeed, these discussions developed opposing views, which could easily find separation on much the same old lines as those which separated the founders of constitutional government * Edwin Williams in Statosman's Manual. 8 AMERICAN POLITICS. [book I. from those who favored the old confederate methods. The Federalists, on pivotal questions, at this session, carried their measures only by small majorities. Much of the second session was devoted to the discussion of the able reports of Hamilton, and their final adoption did much to build up the credit of the nation and to promote its industries. He was the author of the protective system, and at the first session gave definite shape to his theories. He recommended the funding of the war debt, the assumption of the state war debts by the national government, the providing of a system of revenue from the collection of duties on imports, and an internal excise. His advocacy of a pro- tective tariff was plain, for he declared it to be necessary for the support of the gov- ernment and the encouragemvnt of manu- factures that duties be laid on goods, wares, and merchandise imported. The third session of the same Congress was held at Philadelphia, though the seat of the national government had, at the previous one, been fixed on the Potomac instead of the Susquehanna — this after a compromise with Southern members, who refused to vote for the Assumption Bill ■ until the location of the capital in the District of Columbia had been agreed upon ; by the way, this was the first exhi- bition of log-rolling in Congress. To complete Hamilton's financial system, & national bank was incorporated. On this project both the members of Congress and of the cabinet were divided, but it passed, and was promptly approved by Washing- ton. By this time it was Avell known that Jefferson and Hamilton held opposing views on many questions of government, and these found their way into and influ- enced the action of Congress, and passed naturally from thence to the people, who were thus early believed to be almost equally divided on the more essential po- litical issues. Before the close of the ses- sion, Vermont and Kentucky were ad- mitted to the Union. Vermont was the first state admitted in addition to the original thirteen. True, North Carolina and Rhode Island had rejected the consti- tution, but they reconsidered their action and came in— the former in November, 1780, and the latter in May, 1790. The election for members of the Second Congress resulted in a majority in both branches favorable to the administration. It met at Philadelphia in October, 1791. The exciting measure of the session was the excise act, somewhat similar to that of the previous year, but the o])position wanted an is-sue on which to rally, they accepted this, and this agitation led to vio- lent and in one instance warlike ojijiosi- tion on the part of a portion of the people. Those ol western Pennsylvania, largely interested in distilleries, prepared for armed resistance to the excise, but at the same session a national militia law had been passed, and Washington took ad- vantage of this to suppress the " Whisky Rebellion" in its incipiency. It was a hasty, rash undertaking, yet was dealt with so firmly that the action of the authorities strengthened the law, and the respect for order. The four counties which rebelled did no further damage than to tar and feather a government tax collector and rob him of his horse, though many threats were made and the agitation continued until 1794, when Washington's threatened appearance at the head of fifteen thousand militia settled the whole question. The first session of the Second Congress also passed the first methodic apportion- ment bill, which based the congressional representation on the census taken in 1790, the basis being 33,000 inhabitants for each representative. The second session which sat from November, 1792, to March, 1793, was mainly occupied in a discussion of the foreign and domestic relations of the coun- try. No important measures were adopted. The Republican and Federal Parties. The most serious objection to the con- stitution before its ratification was the ab- sence of a distinct bill of rights, which should recognize "the equality of all men, and their rights to life, liberty and the pursuit of happiness," and at the first session of Congress a bill was framed con- taining twelve articles, ten of which were afterwards ratified as amendments to the constitution. Yet state sovereignty, then imperfectly defined, was the prevailing idea in the minds of the Anti-Federalists, and they took every opportunity to oppose any extended delegation of authority from the states of the Union. They contended that the power of the state should be supreme, and charged the Federalists with monarchical tendencies. They opposed Hamilton's national bank scheme, and Jefferson and Randolph plainly expressed the opinion that it was unconstitutional — that a bank was not authorized by the constitution, and that it would prevent the states from maintaining banks. But whoa the Bill of Rights had been incorporated in and attached to the constitution as amendments, .Jefferson with rare political sagacity withdrew all opposition to the in- strument itself, and the Anti-Federalists gladly followed his lead, for they felt tliat they had labored under many partisan dis- advantages. The constitution was from the first too strong for successful resistance, and when opposition was confessedly abandoned the ])arty name was changed, also at the suggestion of Jefferson, to thai BOOK I.] REPUBLICANS AND FEDERALS. of Republican. The Anti-Federalists were | at first disposed to call their party the Democratic-Republicans, but finally called j it simply Rejiublican, to avoid the ojiposite I of the extreme which they charged against , the Federalists. Each party had its taunts in use, the Federalists being denounced as monarchists, the Anti-Federalists as Dem- ocrats ; the one presumed to be looking forward to monarchy, the other to the rule of the mob. ; By 1793 partisan lines under the names of Federalists and Republicans, were plain- \ ly drawn, and the schism in the cabinet was more marked than ever. Personal ambition may have had much to do with it, for Washington had previously shown his desire to retire to jirivate life. While he remained at the head of affairs he was unwilling to part with Jefferson and Ham- ilton, and did all in his power to bring about a reconciliation, but without suc- cess. Before the close of the first consti- tutional Presidency, however, Washington had become convinced that the people de- sired him to accept a re-election, and he was accordingly a candidate and unani- mously chosen. John Adams was re-elect- ed Vice-President, receiving 77 votes to 50 for Geo. Clinton, (5 scattering) the Re- publican candidate. Soon after the inau- guration Citizen Genet, an envoy from the French republic, arrived and sought to excite the sympathy of the United States and involve it in a war with Great Britain. Jefferson and his Republican party warmly sympathized with France, and insisted that gratitude for revolutionary favors commanded aid to France in her struggles. The Federalists, under Washington and Hamilton, favored non-intervention, and insisted that wc should maintain friendly relations with Great Britain. Washington showed his usual firmness, and before the expiration of the month in Avhich Genet arrived, had issued his celebrated procla- mation of neutrality. This has ever since been the accepted foreign policy of the nation. Genet, chagrined at the issuance of this proclamation, threatened to appeal to the pople, and made himself so obnoxious to Washington that the latter demanded his recall. The French government sent M. Fauchet as his successor, but Genet con- tinued to reside in the United Stntes, and under his inspiration a number of Demo- cratic Societies, in imitation of the French Jacobin clubs, \vere founded, but like all such organizations in this country, they were short-lived. Secret political societies thrive only under despotisms. In Repub- lics like ours they can only live when the great parties are in confusion and greatly divided. Tiiey disappear with the union of sentiment into two great parties. If there were many parties and factions, as in Mexico and some of the South American republics, there would be even a wider field for them here than there. The French agitation showed its impress upon the nation as late as 1794, when a resolution to cut off intercourse with Great Britain passed the House, and was de- feated in the Senate only by the casting vote of the Vice-President. Many people favored France, and to such silly heights did the excitement run that these insisted on wearing a national cockade. Jefferson had left the cabinet the December pre- vious, and had retired to his plantation in Virginia, where he spent his leisure in writing political essays and organizing the Republican party, of which he was the ac- knowledged founder. Here he escaped the errors of his party in Congress, but it was a potent fact that his friends in official station not only did not endorse the non- intervention policy of Washington, but that they actively antagonized it in many ways. The Congressional leader in these movements was 5lr. Madison. The policy of Bi'itain fed this opposition. The forts on Lake Erie were still occupied by the British soldiery in defiance of the treaty of 1783 ; American vessels were seized on their way to French ports, and American citizens were impressed. To avoid a war, Washington sent John Jay as special en- voy to England. He arrived in June, 1794, and by November succeeded in mak- ing a treaty. It was ratified in June, 1795, by the Senate by the constitutional majority of two-thirds, though there was much de- clamatory opposition, and the feeling be- tween the Federal and Republican parties ran higher than ever before. The Republi- cans denounced while the Federals con- gratulated Washington. Under this treaty the British surrendered possession of all American ports, and as Gen'l Wayne dur- ing the previous summer had conquered the war-tribes and completed a treaty with them, the country was again on the road to prosperity. In Washington's message of 1794, he plainly censured all " self-created political societies," meaning the democratic so- cieties formed bv Genet, but this part of the message the House refused to endorse, the speaker giving the casting vote in the negative. The Senate was in harmony with the political views of the President. Party spirit had by this time me;usurably affected all classes of the people, and as subjects for agitation here multipl'ed, the opposition no longer regarded Washing- ton with that respect and decorum which it had been the rule to manifest. His wis- dom as President, his patriotism, and in- deed his character as a man, were all hotly questioned by political enemies. He was even charged with corruption in ex- l^euding more of the public moneys than 10 AMERICAN POLITICS. [book I. had been appropriated — charges which were soon shown to be groundless. At the first session of Congress in De- cember, 1795, the Senate's administration majority liad increased, but in the House the opposing Republicans had also in- creased their numbers. The Senate by 14 to 8 endorsed the message ; the House at first refused but finally qualified its an- swers. In March, 179G, a new political issue was sprung in the House by Mr. Living- stone of New York, who offered a resolu- tion requesting of the President a copy of the instructions to Mr. Jay, the envoy who made the treaty with Great Britain. Alter a debate of several days, more bitter than any which had preceded it, the House passed the resolution by 57 to 35, the Re- publicans voting aye, the Federals no. Washington in answer, took the position that the House of Representatives was not part of the treaty-making power of the government, and could not therefore be entitled to any papers relating to such treaties. The constitution had placed this treaty making and ratifying power in the hands of the Senate, the Cabinet and the President. This answer, now universally accepted as the proper one, yet excited the House and increased political animosities. The Republicans charged the Federals with being the "British party," and in some instances hinted that they had been pur- chased with British gold. Indignation meetings were called, but after much sound and iury, it was ascertained that the people really favored abiding by the treaty in good faith, and finally the House, after more calm and able debates, passed the needed legislation to carry out the treaty by a vote of 51 to 48. In August, 1796, prior to the meeting of the Congressional caucus whii:h then placed candidates for the Presidency in nomination, Washington issued his cele- brated Farewell Adclress, in which he gave notice that he would retire from ])ul)lic life at the expiration of his term. He had been soliciteil to be a candidate for re- election fa third term) and told that all the people could unite upon him — a state- ment which, without abating one jot, our admiration for the man, would doubtless have been called in question by the Re- Eu])licans, who had become implacably ostile to his political views, and who were enc:ouraged to believe they could Avin con- trol of the Presidency, by their rapidly in- creasing power in the House. Yet the ad- dress was everywhere received with marks of admiration. Legislatures commended it by resolution and orderi'd it to be en- grossed ujxin tluMr records; journals j)raised it, and upon the strength of its plain doctrines the Federalists took new courage, and prepared to win in the Presi- dential battle which followed. Both parties were plainly arrayed and confident, and so close was the result that the leaders of both were elected — John Adams, the nom- inee of the Federalists, to the Presidency, and Thomas Jefferson, the nominee of the Republicans, to the Vice-Presidency. The law which then obtained was that the candidate who received the highest num- ber of electoral votes, took the first place, the next highest, the second, Thomas Pinckney of South Carolina was the Fed- eral nominee for Vice-President, and Aaron Burr of the Republicans. Adams received 71 electoral votes, Jefferson 68, Pinckney 59, Burr 30, scattering 48. Pinckney had lost 12 votes, while Burr lost 38 — a loss of popularity which the latter regained four years later. The first impressions which our forefathers had of this man were the best. r* John Adams was inaugurated as Pres- ident in Philadelphia, at Congress Hall, March 4tli, 1797, and in his inaugural was careful to deny the charge that the Fed- eral party had any sympathy ibr England, but reaffirmed his endorsement of the policy of Washington as to strict neutral- ity. To this extent he sought to soften the asperities of the parties, and measurably succeeded, though the times were still stormy. The French revolution had reached its highest point, and our people still took sides. Adiims found he would have to arm to preserve neutrality and at the same time punish the r.ggrcssion of either of the combatants. This was our first exhibition of " armed neutrality." An American navy was quickly raised, and every preparation made for defending the rights of Americans. An alliance with France was refused, after which the American Minister was dismissed and the French naA-y began to cripj.le our trade. In May, 17i57, President Adams felt it his duty to call an extra .session of Congress, which closed in July. The Senate ap- proved of negotiations for retonciliation with France, They were attemi>ted but j)roved fruitless; in May, 1798, a full naval armament was authorized, and soon several French vessels were captured before there was any declaration of war. Indeed, neith- er power declared war, and as soon as France discovered how earnest the Ameri- cans were she made overtures for an ad- justment of difficulties, and these resulted in the treaty of 1800. The Republicans, though warmly favor- ing a contest, did not heartily support that inaugurated by Adams, and contended after this that the militia and a small naval force were sufficient for internal urr as can- didates for these offices. On the election which followed the Republicans chose 73 electors and the Federalists 6"). Each elector voted for twn persons, and the Re- publicans so voted that they unwisely gave .lell'orson and Burr each 73 votes. Neither being highest, it was not legally determined 12 AMERICAN POLITICS. [book I. which should be President or Vice-Presi- dent, and the election had to go to the House. The Federalists threw 65 votes to Adams and 64 to Pinckney. The Repub- licans could have done the same, but Burr's intrigue and ambition prevented this, and the result was a protracted contest in the House, and one which put the country in great peril, but which plainly pointed out some of the imperfections of the elec- toral features of the Constitution. The Federalists proposed to confess the inabil- ity of the House to agree through the vote by States, but to this proposition the Re- publicans threatened armed resistance. The Federalists next attempted a combina- tion with the friends of Aaron Burr, but this specimen of bargaining to deprive a nominee of the place to which it was the plain intention of his party to elect him, really contributed to Jefferson's popularity, if not in that Congress, certainly before the people. He was elected on the 36th ballot. The bitterness of this strife, and the dangers which similar ones threatened, led to an abandonment of the system of each Elector voting for two, the highest to be President, the next highest Vice-President, and an amendment was offered to the Con- stitution, and fully ratified by September 25, 1804, requiring the electors to ballot separately for President and Vice-Presi- dent. Jefferson was the first candidate nomi- nated by a Congressional caucus. It con- vened in 1800 at Philadelphia, and nomi- nated Jefferson for President and Burr for Vice-President. Adams and Pinckney were not nominated, but ran and were ac- cepted as natural leaders of their party, just as Washington and Adams were be- fore them. Do^vnfall ot the Federal Party. This contest broke the power of the Federal party. It had before relied upon the rare .sagacity and ability of its leaders, but the contest in the House developed such attempts at intrigue as disgusted many and caused all to quarrel, Hamilton having early sliowed his dislike to Adams. As a party the Federal had been peculiarly brave at times when high bravery was needed. It had framed the Federal Gov- ernment and stood by the powers given it until they were too firmly planted for even newer and triumphant partisans to reck- lessly trifle with. It stood for non-inter- ference with foreign nations against the eloquenceof adventurers, the mad impulses of mobs, the generosity of new-born free- men, the liarangues of demagogues, and best of all against those who sought to fan these ponulnr breezes to their own comfort. It provided for the p;iymcnt of the debt, had the courage to raise revenues both from internal and external sources, and to increase expenditures, as the growth of the country demanded. Though it passed out of power in a cloud of intrigue and in a vain grasp at the " flesh-pots," it yet had a glorious history, and one which none un- tinctured with the better prejudices of that day, can avoid admiring. The defeat of Adams was not unexpect- ed by him, yet it was greatly regretted by his friends, for he was justly regarded as second to no other civilian in the estab- lishment of the liberties of the colonies. He was eloquent to a rare degree, possessed natural eloquence, and made the most famous speech in advocacy of the Declara- tion. Though the proceedings of the Revolutionary Congress were secret, and what was said never printed, yet Webster gives his version of the noted speech of Adams, and we reproduce it in Book III. of this volume as one of the great speeches of noted American orators. Mr. Jefferson was inaugurated the third President, in the new capitol at Washing- ton, on the 4th of March, 1801, and Vice- President Burr took his seat in the Senate the same day. Though Burr distinctly dis- avowed any participancy in the House contest, he was distrusted by Jefferson's warm friends, and jealousies rapidly cropped out. Jefferson endeavored through his inaugural to smooth factious and party asperities,and so well were his words chosen that the Federalists indulged, the hope that they would not be removed from office be- cause of their political views. Early in June, however, the first ques- tion of civil service was raised. Mr. Jefler- son then removed Elizur Goodrich, a Fed- eralist, from the Collectorship of New Haven, and appointed Samuel Bishop, a Republican, to the place. The citizens re- monstrated, saying that Goodrich was ])rompt, reliable and able, and showed that his successor was 78 years old, and too in- firm for the duties of the office. To these remonstrances Mr. Jefferson, under date of July 12th, replied in language which did not then, as he did later on, plainly assert the riglit of every administration to have its friends in office. Wc quote the fol- lowing : " Declarations by myself, in favor of political tolerance, exhortations to har- mony and affection in social intercourse, and respect for the equal rights of the minority, have, on certain occasions, been (juotcd and misconstrued into assurances that the tenure of office was not to be dis- tnrl)ed. But could candor ap])ly such a construction? When it is considered that, (luring the late administration, those who were not of a jiarticular sect of politics were excluded from all office; when, by a steady pnrsuit of this Tneasure, nearly the whole offices of the United States were BOOK I.J DOWNFALL OF THE FEDERALS. 13 monopolized by that sect ; when the public sentiment at length declared itself, and burst open the doors of h(;nor and conli- dence to those whose opinions they ap- proved; was it to be imagined that this monopoly of office was to be continued in the hands of the minority ? Does it violate their equal rigiits to assert some rights in the majority also? Is it political intolerance to claim a proportionate share in the direc- tion of the public affairs? If a due partici- pation of office is a matter of right, how are vacancies to be ol)tained ? Those by death are few, by resignation none. Can any other mode than that of removal be proposed? This is a painful ofhce; but it 13 made my duty, and I meet it as such. I proceed in the operation with deliberation and inquiry, that it may injure the best men least, and effect the purposes of justice and public utility with the least private distress, that it may be thrown iis much as possible on delinquency, on oppression, on intolerance, on ante-revolutionary adhe- rence to our enemies. " I lament sincerely that unessential dif- ferences of opinion should ever have been deemed sufficient to interdict half the society from the rights and the blessings of self-government, to proscribe them as unworthy of every trust. It would have been to me a circumstance of great relief, had I found a moderate participation of office in the hands of the majority. I would gladly have left to time and accident to raise them to their just share. But their total exclusion calls for prompter correc- tions. I shall correct the procedure ; but that done, return with joy to that state of things when the only questions concerning a candidate shall be : Is he honest? Is he capable? Iske faithful to the constitution?'' Mr. Adams had made few removals, and none because of the political views held by the incumbents, nearly all of whom had been appointed by Washington and continued through good behavior. At the date of the appointment of most of them, Jefferson's Republican party had no exist- ence; so that the reasons given in the quotation do not comport with the facts. Washington's rule was integrity and ca- pacity, for he could have no regard for politics where political lines had been ob- literated in his own selection. Doubtless these office-holders were human, and ad- hered with warmth to the administration which they served, and this fact, and this alone, must have angered the Republicans and furnished them with arguments for a change. Mr. Jefferson'.^ position, however, made his later conduct natural. He was the ac- knowledged leader of his party, its founder indeed, and that party had carried him into power. He desired to keep it intact, to strengthen ita lines with whatever pa- , tronage he had at his disposal, and he evi- dently regarded the cause of Adams in not rewarding his friends as a mistake. It was, therefore, Jefferson, and not Jackson, who was the author of the theory that " to the victors belong the spoils." Jackson gave it a sharp and perfectly defined shape by the use of these words, but the spirit and principle were conceived by Jefferson, who throughout his life showed far greater originality in politics than any of the early patriots. It was his acute sense of just what was right for a growing political party to do, which led him to turn the thoughts of his followers into new and popular directions. Seeing that they were at grave disadvantage when opjjosiiig the attitude of the government in its policy with foreign nations ; realizing that the work of the Federalists in strengthening the power of the new government, in pro- viding revenues and ways and means for the payment of the debt, were good, he changed the character of the opposition by selecting only notoriously arbitrary measures for assault — and changed it even more radically than this. He early saw that simple opposition was not progress, and that it was both wise and popular to be progressive, and in all his later politi- cal papers he sought to make his party the party favoring personal freedom, the one of liberal ideas, the one which, instead of shirking, should anticipate every change calculated to enlarge the liberties and the opportunities of citizens. Tliese things were not inconsistent with his strong views in favor of local self-government ; indeed, in many particulars they seemed to sup- port that theory, and by the union of the two ideas he shrewdly arrayed po- litical enthusiasm by the side of politi- cal interest. Political sagacity more pro- found than this it is difficult to imagine. It has not since been equalled in the his- tory of our land, nor do we believe in the history of any other. After the New Haven episode, so jealous was Jefferson of his good name, that while he confided all new appointments to the hands of his political friends, he made few removals, and these for apparent cause. The mere statement of his position had proved an invitation to the Federalists in office to join his earlier friends in the sup- port of his administration. Many of them did it, so many that the clamorings of truer friends could not be hushed. With a view to create a new excuse, Jefferson declared that all a]ipointments nuide by Adams after February 14th, when the House began its ballotings for Fresidnit, were void, these appointments belonging of right to him, and from this act of Adams we date the political legacies which some of our Presidents have sim-e handed down to their successors. One of the 14 AMERICAN POLITICS. [book I. magistrates whose commission had been made out under Adams, sought to compel Jefferson to sign it by a writ of mandamus before the Supreme Court, but a " profound investigation of constitutional law " in- duced the court not to grant the motion. All commissions signed by Adams after the date named were suppressed. Jefferson's apparent bitterness against the Federalists is mainly traceable to the contest in the House, and his belief that at one time they sought a coalition with Burr. This coalition he regarded as a vio- lation of the understanding when he was nominated, and a supposed effort to ap- point a provisional office he regarded as an usurpation in fact. In a letter to James Monroe, dated February 15th, speaking of this contest, he says : " Four days of balloting have produced not a single change of a vote. Yet it is confidently believed that to-morrow there is to be a coalition. I know of no founda- tion for this belief. If they could have been permitted to pass a law for putting the government in the hands of an officer, they would certainly have prevented an election. But we thought it best to -de- clare openly and firmly, one and all, that the day such an act passed, the Middle States would arm, and that no such usur- pation, even for a single day, should be submitted to." It is but fair to say that the Federalists denied all such intentions, and that James A. Bayard, of Delaware, April 3, 1806, made formal oath to this denial. In this he says that three States, representing Federalist votes, offered to withdraw their opposition if John Nicholas, of Virginia, and the personal friend of Jefferson, would secure pledges that the public credit should be supported, the navy maintained, and that subordinate public officers, employed only in the execution of details, established by law, should not be removed from office on the ground of their public character, nor witliout con)plaint against their con- duct. The Federalists then went so far as U) admit that officers of " high discretion and confidence," such as members of the cabinet and foreign ministers, should be known friends of the administration. This proposition goes to show that there is noth- ing very new in what are called our modern politics; that the elder Bayard, as early as 1800, made a formal proposal to bargain. Mr. Nicholas offered his assur- ance that thcHc things would prove accep- table to and govern the conduct of Jeffer- son's administration, but he declined to con- sult with Jefferson on the points. General Smith subscqncMtly engai^ccl U) do it, and Jefferson renlicd that the points given corresponded with his vif'ws and inten- tions, and that Mr. Bayard and his friends might confide in him accordingly. The opposition of Vermont, Maryland and De- laware was then immediately withdrawn, and Mr Jefferson was made President. Gen'l Smith, twelve days later, made an affidavit which substantially confirmed that of Bayard. Latimer, the collector of the port of Philadelphia, and M'Lane, col- lector of Wilmington, (Bayard's special friend) were retained in office. He had cited these two as examples of his opposi- tion to any change, and Jefferson seemed to regard the pledges as not sacred beyond the parties actually named in Bayard's ne- gotiations with Gen'l Smith. This misunderstanding or misconstruc- tion of what in these days would be plain- ly called a bargain, led to considerable political criticism, and Jefferson felt it ne- cessary to defend his cause. This he did in letters to friends which both then and since found their way into the public prints. One of these letters, written to Col. Monroe, March 7th, shows in every word and line the natural politician. In this he says : " Some (removals) I know must be made. They must be as few as possible, done gradually, and bottomed on some malversation or inherent disqualification. Where we shall draw the line between all and none, is not yet settled, and will not be till we get our administration together ; and perhaps even then we shall proceed a talons, balancing our measures according to the impression we perceive them to make. This may give you a general view of our plan." A little later on, March 28, he wrote to Elbridge Gerry : " Officers who have been guilty of gross abuses of office, such as marshals packing juries, etc., I shall now remove, as my predecessor ought in justice to have done. The instances will be few, and governed by strict rule, not party passion. The right of opinion shall suffer no invasion from me." Jefferson evidently tired of this subject, and gradually modified his views, as shown in his letter to Levi Lincoln, July 11, wherein he says : " I am satisfied that the heaping of abuse on me personally, has been with the de- sign and the hope of provoking me to make a general sweep of all Federalists out of office. But as I have carried no passion into the execution of this disagreeable duty, I shall suffer none to be excited. The clamor which has been raised will not pro- voke me to remove one more, nor deter me from removing one less, than if not a word had been said on the subject. In the course of tln' sununer, all which is neces- sary will be done; and we may hope that, this cause of offence being at an end, the measures we shall pursue and propose for the amelioration of the public affairs, will BOOK I.] DOWNFALL OF THE FEDERALS. 15 be 80 confessedly salutary as to unite all men not monarchists in principle." In the same letter he warmly berates the monarchical federalists, saying, " they are incurables, to be taken care of in a mad- house if necessary, and on motives of charity." The seventh Congress assembled. Po- litical parties were at first nearly equally divided in the Senate, but eventually there was a majority for the administration. Jefferson then discontinued the custom es- tablished by Washington of delivering in person his message to Congress. The change was greatly for the better, as it afforded relief from the requirement of immediate answers on the subjects con- tained in the message. It has ever since been followed. The seventh session of Congress, pursu- ant to the recommendation of President Jefferson, established a uniform system of naturalization, and so modified the law as to make the required residence of aliens five years, instead of fourteen, as in the act of 1798, and to permit a declaration of in- tention to become a citizen at the expiration of three years. By his recommendation also was established the first sinking fund for the redemption of the public debt. It required the setting apart annually for this Eurpose the sum of seven millions and three undred thousand dollars. Other mea- sures, more partisan in their character, were proposed, but Congress showed an avei-sion to undoing what had been wisely done. A favorite law of the Federalists establishing circuit courts alone was re- pealed, and this only after a sharp debate, and a close vote. The provisicmal army had been disbanded by a law of the previ- ous Congress. A proposition to abolish the naval department was defeated, as was that to discontinue the mint establishment. At this session the first law in relation to the slave trade was passed. It was to pre- vent the importation of negroes, mulattoes and other persons of color into any port of the United States within a state which had prohibited by law the admission of any such person. The penalty was one thou- sand dollars and the forfeiture of the vessel. The slave trade was not then prohibited by the constitution, nor was the subject then generally agitated, though it had been as early as 1793, when, as previously stated, an exciting sectional debate followed the presentation of a petition from Pennsylva- nia to abolish the slave trade. Probably the most important occurrence under the first administration of Jefferson was that relating to the i)urchase and ad- mission of Louisiana. There had been apprehensions of a war with Spain, and with a view to be ready Congress had passed an act authorizing the President to call upon the executives of such of the states as he might deem expedient, for detachments of militia not exceeding eighty thousand, or to accept the services of volunteers for a term of twelve months. The disagreement arose over the south-western boundary line and the right of navigating the Mississippi. Our government learned in the spring of 1802, that Spain had by a secret treaty made in October, 1800, actually ceded Louisiana to France. Our government had in 1795 made a treaty with Spain which gave us the right of dejiosite at New Or- leans for three years, but in October, 1802, the Spanish authorities gave notice by proclamation that this right was withdrawn. Excitement followed all along the valley of the Mississip]ji, and it was increased by the belief that the withdrawal of the privi- lege was made at the suggestion of France, though Spain still retained the territory, as the formalities of ceding it had not been gone through with. .Jefferson promptly took the ground that if France took pos- session of New Orleans, the United States would immediately become allies of Eng- land, but suggested to Minister Livingston at Paris that France might be induced to cede the island of New Orleans and the Floridas to the United States. It was his belief, though a mistaken one, that France had also acquired the Floridas. Louisiana then comprised much of the territory west of the Mississippi and south of the Mis- souri. The Federalists in Congress seized upon this question as one upon which they could make an aggressive war against Jefferson's administration, and resolutions were intro- duced asking information on the subject. Jefferson, however, wisely avoided all en- tangling suggestions, and sent Monroe to aid Livingston in effecting a purchase. The treaty was formed in April, 1803, and submitted by Jefferson to the Senate in October following. The Republicans ral- lied in favor of this scheme of annexation, and claimed that it was a constitutional right in the government to acquire territory — a doctrine widely at variance with their previous position, but occasions are rare where parties quarrel with their administra- tions on pivotal measures. There was also some latitude here for endorsement, as the direct question of territorial acquisition had not before been presented, but only hypo- thetically stated in the constitutional dis- putations then in great fashion. Jefferson would not go so far as to say that the con- stitution warranted the acquisition to for- eign territory, but the scheme was never- theless bis, and he stood in with his friends in the political battle which followed. The Federalists claimed that we had no power to acquire territory, and that the acquirement of liouisiana would give the S')uth a preponderance which would "con- tinue for all time (poor prophets they !), 16 AMERICAN POLITICS. [book I. since southern would be more rapid than northern development ; " that states cre- ated west of the Mississippi would injure the commerce of New England, and they even went so far as to say that the " ad- mission of the Western World into the Union would compel the Eastern States to establish an eastern empire," Doubts were also raised as to the right of Louisi- anians, when admitted to citizenship un- der our laws, as their lineage, language and religion were diflerent from our own. Its inhabitants were French and descend- ants of French, with some Spanish Cre- oles, Americans, English and Germans — in all about 90,000, including 40,000 slaves. There were many Indians of course, in a territory then exceeding a million of square miles — a territory which, in the language of First Consul" Napoleon, " strengthens forever the power of the United States," and which will give to England a mari- time rival that will sooner or later humble her pride " — a military view of the change fully justified by subsequent history. Na- poleon sold because of needed prepara- tions for war with England, and while he had previously expressed a willingness to take fifty million francs for it, he got sixty through the shrewd diplomacy of his min- isters, who hid for the time their fear of the capture of the port of New Orleans by the English navy. Little chance was afforded the Federal- ists for adverse criticism in Congress, for the purchase proved so popular that the Eeople greatly increased the majority in oth branches' of the eighth Congress, and Jefferson called it together earlier for the purpose of ratification. The Senate rati- fied the treatj' on the 20th of October, 1803, by a vote of 24 to 7, while the House adopted a resolution for carrying the treaty into effect by a vote of 90 to 25. Eleven million dollars of the purchase money was appropriated, the remaining four millions being reserved for the indemnity of Amer- ican citizens who had sustained losses by French assaults upon our commerce — from which fact subsequently came what is known as the French Spoliation Bill. Impeachment trials were first attempted before the eighth Congress in 1803. Judge Pickering, of the district court of the United States for New Hampshire, was iiri[)('ache(l for occjisional drunkenness, and dismissed from office. Judge (Jhase of the U. S. Supreme Court, and Judge Peters of tlic district court of Pennsylva- nia, both Federalists, were charged hy arti- cles proposed in the House with illegal and arbitrary conduct in the trial of mr- ties charged with political offenses. Tlie Federalists took alarm at these proceed- ings, and so vehenKsnt were their charges against the liepublicans of a desire to de- stroy the judiciarj" that their impeach* ments were finally abandoned. The Republicans closed their first na- tional administration with high prestige. They had met several congressional re- verses on questions where defeat proved good fortune, for the Federalists kept a watchful defence, and were not always wrong. The latter suffered numerically, and many of their best leaders had fallen in the congressional contest of 1800 and 1802, while the Republicans maintained their own additions in talent and number. In 1804, the candidates of both parties were nominated by congressional caucuses. Jefferson and Clinton were the Republi- can nominees ; Charles C Pinckney and Rufus King, the nominees of the Federal- ists, but they only received 14 out of 176 electoral votes. The struggle of Napoleon in Europe with the allied powers now gave Jefferson an opportunity to inaugurate a foreign policy. England had forbidden all trade with the French and their allies, and France had in return forbidden all com- merce with England and her colonies. Both of these decrees violated our neutral rights, and were calculated to destroy our commerce, which by this time had become quite imposing. Congress acted promptly, and on the 21st of December passed what is known as the Embargo Act, under the inspiration of the Republican party, which claimed that the only choice of the people lay between the embargo and war, and that there was no other way to obtain redress from England and France. But the promised effects of the measure were not realized, and so soon as any dissatisfaction was manifested by the people, the Federalists made the ques- tion a political issue. They declared it unconstitutional because it was not limited as to time ; that it helped England as against France (a cunning assertion in view of the early love of the Republicans for the cause of the French), and that it laid violent hands on our home commerce and industries. Political agitation in- creased the discontent, and public opinion at one time turned so strongly against the law that it was openly resisted on the eastern coast, and treated with almost as open contempt on the Canadian border. The bill had passed the House by 87 to 35, the Senate by 19 to 9. In January, 1809, the then closing administration of Jcflerson hud to change front on the ques- tion, and the law was repealed on the IHth of March. The Republicans when tlicy changed, went all the wav over, and advo- cated full protection by tbe use of a navy, of all our rights on the high seas. If the Federals could have recalled their old leaders, or retained even a considerable portion of their power, the opportunity BOOK I.] DEMOCRATS AND FEDERALS. 17 E resented by the embargo issue could ave brought thein back to full jiolitical power, but lacking these leaders, the op- portunity passed Democrats and Federals. During the ninth Congress, which as- sembled on the second of Deceml)or, ISOft, the Republicans dropped their name and accepted that of " Democrats." In all their earlier strifes they had been charged by their opponents with desiring to run to the extremes of the democratic or " mob rule," and fear of too general a belief in the truth of the charge led them to denials and rejection of a name which the father of their party had ever shown a fondness for. The earlier dangers which had threatened their organization, and the re- collection of defeats sutfercd in their at- tempts to establish a government anti-fed- eral and confederate in their composition, had been greatly modified by later suc- cesses, and with a characteristic cuteness peculiar tf) Americans they accepted an epithet and sought to turn it to the best account. In this they imitated the patriots who accepted the epithets in the British satirical song of " Yankee Doodle," and called themselves Yankees. From the ninth Congress the JefFersonian Rei^ubli- cans called themselves Democrats, and the word Republican passed into disuse until later on in the history of our political parties, the opponents of the Democracy accepted it as a name which well filled the meaning of their attitude in the politics of the country. Mr. Randolph of Roanoke, made the first schism in the Republican party under Jefferson, when he and three of his friends ''•■voted against the embargo act. He resisted its passage with his usual earnestness, and all attempts at reconciling him to the mea- sure were unavailing. Self-willed, strong in argument and sarcasm, it is believed that his cause made it even more desirable for the Re])ublicans to change name in the hope of recalling some of the more wayward " Democrats " who had advoca- ted Jacobin democracy in the years gone by. The politicians of that day were never short of expedients, and no man so abounded in them as Jefferson himself. Randolph imjiroved his opportunities by getting most of the Virginia members to act with him against the foreign policy of the administration, but he was careful not to join the Federalists, and quickly denied any leaning that way. The first fruit of his faction was to bring forth ]\Ionroe as a candidate for President against Madison: — a movement which proved to be quite popular in Virginia, but which Jefterson flanked by bringing about a reconciliation between Monroe and Madison. The now usual Congressional caucus followed at Washington, and although the Virginia Legislature in its caucus proviously held had been unable to decide between Madi- son and ]Monroe, the Congressional body chose Madison by 83 to 11, the minority being divided between Clinton and Mon- roe, though the latter could by that time hardly be considered as a candidate. Thia action broke up Randolph's faction in Virginia, but left so much bitterness be- hind it that a large portion attached them- selves to the Federalists. In the election which followed Madison received 122 elec- toral votes against 47 for C. C. Pinckney, of South Carolina, and 6 for Geo. Clinton of New York. Before Jefferson's administration closed he recommended the passage of an act to prohibit the African slave trade after Jan- uary 1st, 1808, and it was passed accord- ingly. He had also rejected the form of a treaty received from the British minister Erskino, and did this without the formality of submitting it to the Senate — first, be- cause it contained no provision on the ob- jectionable practice of impressing our sea- men; second, * because it was accompanied by a note from the British ministers, by ^vhich the British government reserved to itself the right of releasing itself from the stii:)ulations in favor of neutral rights, if the United States submitted to the British decree, or other invasion of those rights by France." This rejection of the treaty by Jefferson caused public excitement, and the Federalists sought to arouse the com- mercial community against his action, and cited the fact that his own trusted friends, IMonroe and Pinckney had negotiated it. The President's party stood by him, and they agreed that submission to the Senate was immaterial, as its advice could not bind him. This refusal to consider the treaty was the first step leading to the war of 1812, for embargoes followed, and Britain openly claimed the right to search Amer- ican vessels for her deserting seamen. In 1807 this question was brought to issue l)y the desertion of five British seamen from the Halifax, and their enlistment on the U. S. frigate C'hesapeaJce. Four sepa- rate demands were made for these men, but all of the commanders, knowing the firm attitude of Jefferson's administration against the practice, refused, as did the Secretary of State refuse a fifth demand on the part of the British minister. On the 23d of June following, while the (ViesupeaJce was near the capes of Virginia, Capt. Humphreys of the British ship Leo- pard attempted to search her for deserters, (^apt. Barron denied the right of search, but on being fired into, lowered his flag, *From the Statesman's Manual, Vol. 1., by Erlwln Williams. 18 AMERICAN POLITICS. [book t. Humphreys then took four men from the Chesapeake, three of whom had previously entered the British service, but were Americans by birth, and had been form- ally demanded by Washington. The act was a direct violation of the international law, for a nation's ship at sea like its ter- ritory is inviolable. The British govern- ment disavowed the act of its officer and oftered apology and reparation, which were accepted. This event, however, strengthened Jefferson's rejection of the Monroe-Pinckuey treaty, and quickly stop- ped adverse political criticism at home. Foreign affairs remained, however, in a comi)licated state, owing to the wars be- tween England and the then successful Ka2)olcon, but they in no wise shook the firm hold which Jefferson had upon the people, nor the prestige of his party. He stands in history as one of the best poli- ticians our land has ever seen, and then as now no one could successfully draw the line between the really able politician and the statesman. He was accepted as both. His administration closed on the 3d of iMarch, 1809, when he expressed great gratification at being able to retire to pri- vate life. Mr. ]Madison succeeded at a time when the country, through fears of foreign aggres- sion and violence, was exceedingly gloomy and despondent — a feeling not encouraged in the least by the statements of the Fed- eralists, some of whom then thought politi- cal criticism in hours of danger not un- patriotic. They described our agriculture as discouraged, our fisheries abandoned, our commerce restrained, our navy dis- mantled, our revenues destroyed at a time when war was at any moment probable with either France, England or Spain. Madison, representing as he did the same party, from the first resolved to follow the policy of Jefferson, a fact about which there wa.s no misunderstanding. He desired to avert war as long as possil)le with England, and sought by skilful diplomacy to avert the dangers presented by both France and England in their attitude with neutrals. England had declared that a man v/ho was once a .su])ject always remained a subject, and on this plea based her deter- mination to impress again into her service all deserters from her navy. France, l)e- cause of refusal to accede to claims equally at war with our rights, had autliori/.ed the seizure of all American vessels entering the jKtrts of France. In ]\Iay, fSlO, when tlie non-intercourse act had exi)ired, Madi- son caused proposals to bo made to both belligerents, that if either would revoke its liostile edict, the non-intercourse act shonld be revived and enforced against tlie otlu'r nation. This act liad been passed by the tenth Congress Jis a substitute for the em- bargo. France quickly accepted MadLiou's proposal, and received the benefits of the act, and the direct result was to increase the growing hostility of England. From this time forward the negotiations had more the character of a diplomatic contest than an attempt to maintain peace. Both coun- tries were upon their mettle, and early in 1811, Mr. Pinckney, the American minister to Great Britain, was recalled, and a year later a formal declaration of war was made by the United States. « Just prior to this the old issue, made by the Republicans against Hamilton's scheme for a National Bank, was revived by the fact that the charter of the bank ceased on the 4th of March, 1811, and an attempt was made to recharter it. A bill for this ]uirpose was introduced into Con- gress, but on the 11th of January, 1811, it was indefinitely postponed in the House, by a vote of 65 to 64, Avhile in the Senate it was rejected by the casting vote of the Vice-President, Geo. Clinton, on the 5th of February, 1811 — this notwithstanding its provisions had been framed or approved by Gallatin , the Secretary of the Treasury. The Federalists were all strong 'advocates of the measure, audit was so .strong that it divided some of the Democrats who en- joyed a loose rein in the contest so far as the administration was concerned, the President not specially caring for political quarrels at a timcAvhen war Avas threatened with a powerful foreign nation. The views of the Federalists on this (lucstion descend- ed to the Whigs some years later, and this fact led to the charges that the W^ were but Federalists in disguise. The eleventh Congress continued large Democratic majority, as did twelfth, which met on the 4th of Novem- ber, 1811, Henry ('laj', then an ardent supporter of the policy of Madison, suc- ceeding to the House speakership. He had previously served two short sessions in the U. S. Senate, and had already acquired a high reputation as .in able and fluent debat- er. He preferred the House, at that period of life, believing his powers better calcu- lated to win fiime in the more jiopular rep- resentative hall. Calhoun was also in the House at this time, and already noted for the boldness of his views and their asser- tion. In this Congress jealousies arose against the ]iolitical power of Virginia, which had already named three of the four Presi- dents, each for two terms, and De Witt Clinton, the well-known Ciovcrnor of New York, sought through these jealousies to create a division which would carry him into the Presidency. His efforts were for a time warmly seconded by several northern and southern states. A few months later the Legislature of New York formally o])ened the ball by nominating DeWitt Clinton for the Presidency. An address the the BOOK I.] THE JEFFERSON DEMOCRATS. 19 was issued by his fi-iends, August 17th, 1812, which has siace becomt; known as the Clin- tonian phitforni, and his luliowcrs were known as Clintonian Democrats. Tlie ad- dress contained the lirst j)ublic protest against the nomination of Presidential can- didates by Congressional caucuses. There was likewise declared opposition to that "official regency which j>rescribed tenets of political faith." The ell'orts of particular states to monopolize the principal offices was denounced, .'i-s wa.s the continuance of public men for long periods in office. Madison was nominated for a second term by a Congressional caucus held at Washington, in May, 1812. John Langdon was nominated for Vice-President, but as he declined on account of age, Elbridge Gerry of Massachusetts, took his place. In September of the same year a conven- tion of the opposition, representing eleven states, was held in the city of New York, which nominated De Witt Clinton, with Jared IngersoU for Vice-President. This was the first national convention, partisan in character, and the Federalists have the credit of originating and carrying out the idea. The election resulted in the success of Madison, who received 128 electoral votes to 89 for Clinton. Pliough factious strife had been some- "what rife, less attention was paid to poli- tics than to the approaching war. There were new Democratic leaders in the lower House, and none were more i^rorainent than Clay of Kentucky, Calhoun, Cheves and Lowndes, all of South Carolina. The policj'^ of Jefferson in reducing the army and navy was now greatly deplored, and the defenceless condition in which it left the country was the partial cause, at least a stated cause of the factious feuds which fol- lowed. Madison sought to change this policy, and he did it at the earnest solici- tation of Clay, Calhoun and Lowndes, who were the recognized leaders of the war party. They had early determined that Madison should be directly identified with them, and before his second nomina- tion had won him over to their more de- cided views in favor of war with England. He had held back, hoping that diplomacy might avert a contest, hut when once con- vinced that war was inevitable and even desirable under the circumstances, his official utterances were bold and free. In the June following the caucus which re- nominated him, he dei'lared in a message that our flag was continually insulted on the high seas ; that the right of searching American vessels for British seamen was still in practice, and that thousands of American citizens had in this way been impressed in service on foreign ships ; that peacful efforts at adjustment of the diffi- culties had proved abortive, and that the British ministry and British emissaries had actually been intriguing for the dis- memberment of the Union. The act declaring w'ar was aj)proved by the President on the 18th of June, 1812, and is remarkably short and comjjrehen- si ve. It was drawn by the attorney-general of the United States, William I'iuckuey, and is in the words following: — "vl/i act declarinij war between the United Kingduni of Great Britain and Ireland, and the dependencks thereof, and the United iStales of America and their territories. " Be it enacted, &c. That war be, and the same is hereby declared to exist be- tween the United Kingdom of Great Britain and Ireland, and the dependencies thereof, and the United States of America, and their territories ; and that the I'resident of the United States is hereby authorized to use the whole land and naval force of the United States to carry the same into effect, and to issue to private armed vessels of the United States commissions, or letters of marque and general rei)risal, in such form as he shall think proper, and under the seal of the United States, against the vessels, goods, and effects, of the government of the United Kingdom of Great Britain and Ireland and the subjects thereof." This was a soul-stirring message, but it did not rally all the people as it should have done. Political jealousies were very great, and the frequent defeats of the Fed- eralists, while they tended to greatly reduce their numbers and weaken their power, seemed to strengthen their animosity, and they could see nothing good in any act of the administration. They held, especially in the New England states, that the war had been declared by a political party simply, and not by the nation, though nearly ail of the Middle, and all of the Southern and Western States, warmly supported it. Clay estimated that nine-tenths of the peo- ple were in favor of the war, and under the inspiration of his eloquence and the strong state papers of Madison, they doubtless were at first. Throughout they felt their political strength, and they just as heartily returned the bitterness manifested by those of the Federalists who opposed the war, branding them as enemies of the republic, and monarchists who preferred the reign of Britain. Four Federalist representatives in Con- gress went so far as to issue an address, opposing the war, the way in which it had been declared, and denouncing it as unjust. Some of the New England states refused the order of the Presid(>nt to support it with their militia, and Miissachusetts sent peace memorials to Congress. A peace party was formed with a view to array the religious sentiment of the coun- try against the war, and societies with sim- ilar objects Avere organized by the more radical of the Federalists. To such an ex- 20 AMERICAN POLITICS. [book I. treme was this opposition carried, that some of the citizens of New Loudon, Conn., made a practice of giving information to the enemy, by means of blue lights, of the departure of American vessels. Tlie Hartford Convention. This opposition finally culminated in the assembling of a convention at Hartford, at which delegates were present from all of the New England states. They sat for three weeks with closed doors, and issued an ad- dress which will be found in this volume in the book devoted to political platforms. It was charged by the Democrats that the real object of the convention was to nego- tiate a separate treaty of peace, on behalf of New England, with Great Britain, but this charge "was as warmly denied. The exact truth has not since been discovered, the fears of the participants of threatened trials for treason, closing their mouths, if their professions were false. The treaty of Ghent, which was concluded on December 14th, 1814, prevented other action by the Hartford convention than that stated. It had assembled nine days before the treaty, which is as follows : Treaty of Glient. This treaty was negotiated by the Right Honorable James Lord Gambler, Henry Goulburn, Esq., and William Adams, Esq., on the part of Great Britain, and John Quincy Adams, James A. Bayard, Henry Clay, Jonathan Russell, and Albert Gal- latin, on behalf of the L^nited States. Tlie treaty can be found on p. 218, vol. 8, of Little & Brown's Statutes at Large. The first article provided for the restora- tion of all archives, records, or property taken by cither party from the other dur- ing tlie war. This article expressly pro- vides for the restoration of " .slaves or other private property." The second article pro- vided for the cessation of hostilities and limitation of time of capture. The third article provided for the restoration of prisoners of war. The fourth article defined the boundary established by the treaty of 1783, and pro- vided for commissioners to mark the same. The fifth, sixth, seventh, and eighth articles est;ihlished rules to govern the pro- ceedings of the commissionei's. The ninth article bound the United States and J I is Britannic Majesty to end all hostilities with Indian tribes, with whom they were then resjjcctively at war. The tenth article reads as follows: — " Whereas the trafiic in slaves is irrecon- cilable with the })rinciplcs of humanity and jasticc; and, whereas, both llis Ma- jesty and the United States are desirous of continuing their etforts to promote its entire abolition, it is hereby agreed that both the contracting parties shall use their best en- deavors to accomplish so desirable an ob- ject." The eleventh and last article provides for binding effect of the treaty, upon the ex- change of ratifications. The position of New England in the war is explained somewhat by her exposed po- sition. Such of the militia as served en- dured great hardships, and they were al- most constantly called from their homes to meet new dangers. Distrusting their loy- alty, the general government had with- held all supplies from the militia of Massa- chusetts and Connecticut for the year 1814, and these States were forced to bear the burden of supportingthem, at the same time contributing their quota of taxes to the general government — hardships, by the way, not greater than those borne by Penn- sylvania and Ohio in the late war for the Union, nor half as hard as those borne by the border States at the same time. True, the coast towns of Massachusetts were sub- jected to constant assault from the British navy, and the people of these felt that they were defenceless. It was on their petition that the legislature of Massachusetts final- ly, by a vote of 226 to 67, adopted the report favoring the calling of the Hartford Con- vention. A circular was then addressed to the Governors of the other States, with a request that it be laid before their legisla- tures, inviting them to appoint delegates, and stating that the object was to deliber- ate upon the dangers to which the eastern section was exposed, " and to devise, if practicable, means of security and defence which might be consistent with the preser- vation of their resources from total ruin, and not rejpugnant to their obligations as members of the Uniony The italicized por- tion shows that there was at least then no design of forming a sejiaratc treaty, or of promoting disunion. The legislatures of Connecticut and Rhode Island endorsed the call and sent delegates. Those of New Hampshire and Vermont did not, but de- legates were sent by local conventions. These delegates, it is hardly necessary to remark, were all members of the Federal party, and their sus])ccte(l designs and ac- tion made the " Hartford Convention " a l)ye-word and rejiroach in the mouths of Democratic orators for years thereaiter. It gave to the Democrats, as did the entire history of the war, the prestige of superior patriotism, and they j)rofitcd by it as long as the memory of the Avar of 1812 was fresh. Indeed, directly after the war, all men seemed to kec]) in constant view the reluctance of the Federalists to sujiport the war, and their almost open hostility to it in New England. Peace brought pros- BOOK I.] THE CONGRESSIONAL CAUCUS. 21 perity and plenty, but not oblivion of the old political issues, and this w:us the be- f inning of the end of the Federal party, ts decay thereafter was rapid and con- stant. The eleventh, twelfth and thirteenth Con- gresses had continued Democratic. The fourteenth l)egan Dec. 4, 1815, with the Democratic majority in the House increased to 30. Clay had talccn part in negotiating the treaty, and on his return was again elected to tlie House, and was for the tliird time elected speaker. Though (55 Feder- alists had been elected, but 10 were given to Federal candidates for speaker, this party now sho\«ng a strong, and under tlu; circumstances, a very luitural desire to rub out j)arty lines. The internal taxes and the postage rates were reduced. The Protective Tai^. ' President Madison, in his message, had^ urged upon Congress a revision of thd' tariff, and pursuant to his recommendation what was at the time called a protective tariff was passed. Even Calhoun then supported it, while Clay proclaimed that protection must no longer be secondary to revenue, but of primary importance. The rates fixed, however, were insufficient, and many American manufactures were soon frustrated by excessive importations of for- eign manufactures. The position of Cal- houn and Lowndes, well known leaders from South Carolina, is explained by the fact that just then the proposal of a pro- tective tariff was popular in the south, in view of the heavy duties upon raw cotton which England then imposed. The Feder- alists in weakness changed their old posi- tion when they found the Democrats advo- cating a tariff, and the latter quoted and published quite extensively Alexander Hamilton's early report in favor of it. "Webster, in the House at the time and a leading Federalist, was against the bill. The parties had exchanged positions on the question. Peace brought with it another exchange of positions. President Madison, although he had vetoed a bill to establish a National Bank in 1S15, was now (in 181G) anxious for the establishment of such an institution. Clay had also changed his views, and claimed that the experiences of the war showed the necessity for a national curren- cy. The bill met with strong opposition from a few Democrats aud nearly all of the Federalists (the latter having changed po- sition on the question since 1811), but it passed and was signed by the President. A bill to promote internal improvements, advocated by Clay, was at first favored by !Madison, but his mind changed and he ve- toed the measure — the first of its kind passed by Congress. The Democratic members of Congress, before the adjournment of the first session, held a caucus for the nomination of can- didates to succeed Madison and Gerry, It was understood that the retiring officers and their confidential friends favored James Monroe of Virginia. Their wishes were carried out, but not without a strug- gle, \Vm. H. Crawford of Georgia receiv- ing 54 votes against 65 for Monroe. The Democrats opposed to Virginia's domina- tion in the politics of the country, made a seconil effort, and directed it against Monroe in the caucus. Aaron Burr denounced him as an improper and incompetent can- didate, and joined in the protest then made against any nomination by a Congressional caucus; he succeeding in getting nineteen Democrats to stay out of the caucus. Later he advised renewed attempts to break down the Congressional caiicus system, and before the nomination favored Andrew Jackson as a means to that end. Daniel Ol Tompkins was nominated by the Demo- crats for Vice-President. The Federalists named Rufus King of New York, but in the election which followed he received but 34 out of 217 electoral votes. The Federalists divided their votes for Vice- President. / Monroe was inaugurated on the 14th of nVIarch, 1817, the oath being administered by Chief Justice Marshall. The inaugural address was so liberal in its tone that it seemed to give satisfaction to men of all shades of political opinion. The questions which had arisen during the war no longer had any practical significance, while the people were anxious to give the disturbing ones Avhich ante-dated at least a season of rest. Two great and opposing policies had previously obtained, and singularly enough each seemed exactly adapted to the times when they were triumphant. The Fed- eral power had been asserted in a govern- ment which had gathered renewed .strength during what was under the circumstances a great and perilous war, and the exi- gencies of that war in many instances compelled the Republicans or Democrats, or the Democratic-Republicans as some still called them, to concede points which had theretofore been in sharp dispute, and they did it with that facility Avhich only Americans can command in emergencies : yet as a party they kept firm hold of the desire to enlarge the scope of liberty in its application to the citizens, and just here kept their original landmark. It is not singular then that the adminis- tration of ]\Ionroe opened what has ever since been known in jiolitics as the " Era of Good Feeling." Party difl'crences ra- pidly subsided, and political serenity v,•■^s the order of the day. Jlonroe made a tour of the States, with "the direct object of in- specting fortifications and means of de- 22 AMERICAN POLITICS. [book I. fence, and in tliis way spread the good feeling, Avithout seeming to have any such object. He was everywhere favorably greeted by the people, and received by delegations which in many instances were specially made up of all shades of opinion. The Cabinet was composed of men of rare political distinction, even in that day of great men. It was probably easier to be great then than now, just as it is easier to be a big political hero in the little State of Delaware than it is in the big States of New York or Pennsylvania. Yet these men were universally accepted as great without regard to their localities. All were Eepublicans or Democrats, with John Quincy Adams as Secretary of State, AVm. H. Crawford (Monroe's competitor for the nomination) as Secretary of the Treasury, John C. Calhoun as Secretary of War, William Wirt as Attorney General. All of these united with the President in the general desire to call a halt upon the political asperities which were then recog- nized as a public evil. On one occasion, during his tour, the citizens of Kennebunk and its vicinity, in Maine, having in their address alluded to the prospects of a politi- cal union among the people in support of the administration, the President said in reply : " You are pleased to express a confident hope that a spirit of mutual conciliation may be one of the blessings which may re- sult from my administration. This in- deed would be an eminent blessing, and I pray it may be realized. Nothing but union is waiting to make us a great people. The present time affords the hapi^iest presage that this union is fast consumma- ting. It cannot be otherwise ; I daily see greater proofs of it. The further I ad- vance in my progress in the country, the more I perceive that we are all Americans — that we compose but one family — that our republican institutions will be sup- ported and perpetuated by the united zeal and patriotism of all. Nothing could give me greater satisfaction than to behold a perfect union among ourselves — a union which is necessary to restore to social in- tercourse its former charms, and to render our happiness, as a nation, unmixed and complete. To promote this desirable re- sult requires no compromise of principle, and I promise to give it my continued at- tention, and my best endeavors." Even CJeneral Jackson, since held up to public view by liistorians as the most austere and "stalwart" of all politicians, caught tlie sweet infection of peace, and thus advised IVcsident Monroe: — "Now is tlie time to exterminate that monster, called party spirit. By select- ing [for cal)inet officers] characters most conspicuous for their probity, virtue, capacity, and lirmuess, without regard to party, you will go far to, if not entirely, eradicate those feelings, which, on Ibrmer ■^ occasions, threw so many obstacles in the way of government. The chief magis- trate of a great and powerful nation should never indulge in party feelings. His con- duct should be liberal and disinterested ; always bearing in mind, that he acts for the whole and not a part (jf the community." This advice had been given with a view to influence the appointment of a mixed political Cabinet, but while Monroe pro- fessed to believe that a free government could exist without political parties, he nevertheless sought to bring all of the peo- ple into one political fol4> and that the Democratic. Yet he certainly and plainly sought to allay factions in his own party, and with this view selected Crawford for the Treasury — the gentleman who had been so warmly supported in the nomina- ting struggle by the Clintonians and by all who objected to the predominating in- fluence of Virginia in national jjolitics. Monroe, like his immediate predecessor, accepted and acted upon the doctrines of the new school of Eepublicans as repre- sented by Clay and Calhoun, both of whom still favored a tariff, while Clay had be- come a warm advocate of a national sys- tem of internal improvements. These two statesmen thus early differed on some questions, but they were justly regarded as the leading friends and advisers of the ad- ministration, for to both still clung the patriotic recollections of the war which they had so warmly advocated and sup- ported, and the issue of which attested their wisdom. Clay preferred to be called a Ecpnblican ; Calhoun preferred to be called a Democrat, and just then the terms were so often exchanged and mingled that history is at fault in the exact designation, while tradition is colored by the bias of subsequent events and lives. Monroe's first inaugural leaned toward Clay's scheme of internal inijirovements, but questioned its constitutionality. Clay was next to Jefferson the most original of all our statesmen and politicians. He was prolific in measures, and almost resistless in their advocacy, From a political stand- point he was the most direct author of the war of 1812, for his advocacy mainly l)rought it to the issue of arms, which through him and Calhoun were substituted for diplomacy. And Calhoun then stood in broader view before the countiy than since. His sectional pride and bias had been rarely aroused, and like Clay he seemed to act for the countrj'^ as an en- tirety. Subse<|uent sectional issues changed the views held of him l)y the peo]»lc of both the North and South. AV'^c have said that Monroe leaned toward internal improvements, but he thought Cougfcas was not clothed by the BOOK I.] THE MONROE DOCTRINE. 23 Constitution with the power to authorize measures supporting it, and when the oj)- portunity was presented (May 4, 1822) he vetoed tlie hill " for the preservatiuu and repair of the Cumherland road," and ae- companied the veto with a most elahorate message in which lie discussed the eonsti- tutional aspects of the question. A plain majority of the I'riends of the administra- tion, under the leadership of Clay, sup- ported the theory of internal improve- ments from the time the administralion began, but were reluctant to permit a divi- sion of the party on the question. !^Iississippi and Illinois were admitted to the Union during the "Era of Good Feeling," without serious political disturb- ance, while Alal)ama was authorized to form a state constitution and government, and Arkansas was authorized as a separate territorial government from {)art of Mis- souri. In ISII) President Monroe made a tour through the Southern States to ex- amine their defenses and see and get ac- quainted with the people. From the first inauguration of Monroe up to 1819 party lines can hardly be said to have existed, but in the sixteenth session of Congress, which continued until May, 1820, new questions of national interest arose, jiro- minent among which were additional pro- tective duties for our manufactures ; inter- nal improvements by the government ; acknowledgments of the independence of the South American States. Tlic Monroe Doctrine. Upon tne question of recognizing the in- dependence of the South American States, the President made a record which has ever since been quoted and denominated "The Monroe Doctrine." It is embodied in the following abstract of his seventh annual message, under date of Dec. 2d, 1823: " It was stated, at the commencement of the last session, that a great effort was then making in Spain and Portugal to improve the condition of the people of those coun- tries, and that it appeared to be conduct- ed with extraordinary moderation. It need scarcely be remarked that the result has been, so far, very diiferent from what was then antici{>ated. Of events in that quarter of the globe, with which we have so much intercourse, and from which we derive our origin, we have always been anxious and interested spectators. The citizens of the United States cherish sentiments the most friendly in favor of the liberty and happiness of their fellow men on that side ot the Atlantic. In the wars of the European powers, in matters relat- ing to themselves, we have never taken any part, nor does it comport with our policy to do so. It is only when rights are in- vaded or seriously menaced, that we re- sent injuries, or make jfreparation lor our defense. AVith the movements in this hemisj)here we are of necessity more im- mediately connected, and by causes which must l>e obvious to ail enlij^htened and inq)artial ol)servers. The political system of the allied powers is essentially dillerent in tiiis respect from that of America. This dill'erence proceeds I'rom that wliich exisu in their respective governments. And to the defense of our own, which has been achieved by the loss of so much l)lood and treasure, and matured by the wisdom of their most enlightened citizens, and under which we have enjoyed unexampled felici- ty, this whole nation is devoted. We owe it, therefore, to candor, and to the amica- ble relations existing between the United States and those powers, to declare, that we should consider any attempt on their ])flrt to extend their system to any jtortion of this hemisphere as dangerous to our peace and safety. AVith the existing colo- nics or dependencies of any European power we have not interfered, and shall not interfere. But with the governments who have declared their independence, and maintained it, and whose inde2:»endence we have, on great consideration, and on just principles, acknowdedged, we could not view any interposition for the purpose of oppressing them, or controlling in any other manner their destiny, by any Euro- pean power, in any other light than as the manifestation of an unfriendly disjiosition toward the United States. In the war between those new governments and Spain, we declared our neutrality at the time of their recognition, and to this we have ad- hered, and shall continue to adhere, pro- vided no change shall occur which, in the judgment of the competent authorities of this government, shall make a corres- ]ionding change on the part of the United States indispensable to their security. The late events in Spain and PiU'tugal show that Europe is still unsettled. Of this important fact no stronger proof can be adduced, than that the allied powers should have thought it proper, on a ytrln- cij)le satisfactory to themselves, to have interposed by force in the internal con- cerns of Spain. To what extent such in- terposition may be carried, on the same principle, is a question to which all inde- pendent powers, whose governments dilfer from theirs, are interested ; even those most remote, and surely none more so than the United States. Our j)olicy in regard to Europe, which was adopted at au early stage of the wars which have so long agi- tated that quarter of the globe, neverthe- less remains the same, which is, not to in- terfere in the internal concerns of any of its powers ; to consider the government, 24 AMERICAN POLITICS. [book I. de facto, as the legitimate government for us: to cultivate friendly relations Avith it, and to preserve those relations by a frank, firm, and manly policy ; meeting, in all instances, the just claims of every power, submitting to injuries from none. But in regard to these continents, circumstances are eminently and conspicuously different. It is impossible that the allied jjowcrs should extend their political system to any portion of either continent without endan- gering our peace and happiness ; nor can any one believe, that our southern breth- ren, if left to themselves, would adopt it of their own accord. It is equally impossible, therefore, that we should behold such interposition, in any form, with indiffer- ence. If we look to the comparative strength and resources of Spain and those new governments, and their distance from each other, it must be obvious that she can never subdue them. It is still the true policy of the United States to leave the parties to themselves, in the hojje that other powers will pursue the same cotirse." The second election of ]\Ionroe, in 1820, was accomplished without a contest. Out of 231 electoral votes, but one was cast against him, and that for John Quincy Adams. Mr. Tompkins, the candidate for Vice-President, was only a little less for- tunate, there being 14 scattering votes against him. Neither party, if indeed there was a Federalist party left made any nominations. The Missouri Compromise. The second session of the 17th Con-, gress opened on the 4th day of JIarch, 1820, with James Monroe at the head of the Executive Department of the Govern- ment, and the Democratic party in the majority in both branches of the Federal Legislature. The Cabinet at that time was composed of the most brilliant minds of the country, indeed as most justly re- marked by Senator Thomas H. Benton in his ptiblished review of the events of that period, it would be difficult to find in any government, in any country, at any time, more talent and experience, more dignity and decorum, more purity of private life, a larger mass of information, and more ad- diction to basiness, than was comprised in the list of celebrated names then consti- tuting the executive department of the government. The legislative department was equally impressive. The exciting and agitating question then ])ending before Congress was on the admission of the State of Missouri into the Federal Union, the subject of the issuebeingtheattompted tacking on of conditions restricting sla- very within her limits. She was admitted without conditions under the so-called compromise, which abolished it in certain portions of the then province of Louisiana. In this controversy, the compromise was sustained and carried entirely by the Dem- ocratic Senators and members from the Southern and slave-holding States aided and sanctioned by the Executive, and it was opposed, by fifteen Senators from non- slave-hoiding States, who rejjresented the opposite side on the political questions of the day. It passed the House by a close vote of 86 to 82. It has been seriously ques- tioned since whether this act was constitu- tional. The real strtiggle was political, and for the balance of power. For a while it threatened the total overthrow of all po- litical parties tipon principle, and the sub- stittttiou of geographical parties discrimi- nated by the slave line, and thtis destroy- ing the proper action of the Federal gov- ernment, and leading to a separation of the States. It was a federal movement, ac- cruing to the benefit of that party, and at first carried all the Northern democracy in its current, giving the stipremacy to their adversaries. When this effect was per- ceived, democrats from the northern non slave-holding States took early opportu- nity to prevent their own overthrow, by voting for the admission of the States on any terms, and thus prevent the eventual separation of the States in the establish- ment of geographical parties divided by a slavery and anti-slavery line. The year 1820 marked a period of finan- cial distress in the country, which soon became that of the government. The army was reduced, and the general expenses of the departments cut down, despite which measures of economy the Congress deemed it necessary to authorize the President to contract for a loan of five million dollars. Distress was the cry of the day ; relief the general demand, the chief demand com- ing from debtors to the Government for public lands purchased under the then credit system, this debt at that time ag- gregating twenty-three millions of dollars. The banks failed, money vanished, instal- ments were coming due which could not ])e met ; and the opening of Congress in November, 1820, was saluted by the arrival of memorials from all the new States pray- ing for the relief to the ]nirchaser of the public lands. The President referred to it in his annual message of that year, and Congress passed a measure of relief by changing the system to cash sales instead of credit, reducing the i)rice of the lands, and allowing present debtors to apply pay- ments already made to portions of the land purchased, relinquishing the remain- der. Ap])lications were made at that time for the establislmuMit of the pre- emptive system, but withotit effect ; the now States continued to ])rcss the question and finally ])revai]ed, so that now the pre- emptive principle has become a fixed part BOOK 1.] THE TARIFF — AMERICAN SYSTEM. 25 of our lund system, permanently incorpo- Roa(l,which passed both houses of Congress, rated with it, and to the etiual advantage of tlie settler and the government. met with a veto from President Monroe, accompanied by a state paper in exposi- The session of 1820-21, is remarkable as tion of his opinions upon the whole sub- being the first at which any proposition jcct of Federal interference in matters of wius made in Congress Ibr the occupation inti'r state commerce and roads and canals, and settlement of our territory on the He discussed the measure in all its bear- Columbia river — the only part then owned iiigs, and plainly showed it to be uncon- by the United States on the Pacific coast, stitutional. After stating the question, he It was made by Dr. Floyd, a representa- , examined it under every head of constitu- tive from Virginia, wlio argued that the tional derivation under which its advo- establishment of a civilized power on the cates claimed the power, and found it to American coast of the Pacific could not | be granted by no one of them and virtually fail to ])roduce great and wonderful bene- j prohiljited by some of tliom. This was fits not only to our own country, but to | then and has since been considered to be the people of Eastern Asia, China and the most elaljorate and thoroughly con- Japan on the opposite side of the Pacific Ocean, and that the valley of the Colum- bia might become the granary of China and Japan. This movement suggested to Senator Benton, to move, for the first time publicly in the United States, a resolution to send ministers to the Oriental States. At this time treaties with ]\Iexico and Spain were ratified, by which the United States acquired Florida and ceded Texas ; these treaties, together with the Missouri compromise — a measure contemporaneous with them — extinguished slave soil ia all the United States territory west of the Mississippi, except in that portion which was to constitute the State of Arkansas ; and, including the extinction in Texas consequent upon its cession to a non-slave- holding power, constituted the largest ter- ritorial abolition of slavery that was ever up to that period effected by any political power of any nation. The outside view of the slave question in the United States, at this time, is that the extension of slavery was then arrested, circumscribed, and confined within narrow territorial limits, while free States were permitted an almost unlimited expansion. In 1822 a law passed Congress abolish- ing the Indian factory system, which had been established during Washington's ad- ministration, in 1796, under which the Government acted as a factor or agent for the sale of supplies to the Indians and the purchase of furs from them ; this branch of the service then belonged to the depart- ment of the Secretary of AVar. The abuses discovered in it led to the discontinuance of that system. The Presidential election of 1824 was approaching, the candidates were in the field, their respective friends active and busy, and popular topics for the canvass in earnest requisition. Congress was full of projects for different objects of internal improvement, mainly in roads and canals, and the friends of each candidate exerted themselves in rivalry of each other, under the supposition that their opinions would stand for those of their principals. An act sidered opinion upon the general question which has ever been delivered by any American statesman. This great state pa- j)er, delivered at a time when internal im- provement by the federal government had become an issue in the canvass for the Presidency and was ardently advocated by three of the candidates and qualified by two others, had an immense current in itvS power, carrying with it many of the old strict constructionists. The revision of the tariff, with a view tar " the protection of home industry, and to the establishment of what was then called " The American System," Avas one of the large subjects before Congress at the ses- sion of 1823-24, and was the regular com- mencement of the heated debates on that question which afterwards ripened into a serious difficulty between the federal gov- ernment and some of the Southern States. The presidential election being then de- pending, the subject became tinctured with party politics, in which so far as that in- gredient was concerned, and was not con- trolled by other considerations, members divided pretty much on the line which al- ways divided them on a question of con- structive powers. The protection of do- mestic industry not being among the pow- ers granted, was looked for in the inciden- tal ; and denied by the strict construction- ists to be a substantive term, to be exer- cised for the direct purpose of protection ; but admitted by all at that time and ever since the first tariff act of 1789, to be an incident to the revenue raising power, and an incident to be regarded in the exercise of that power. Revenue the object, jn-o- tection the incident, had been the rule ia the earlier tariffs ; now that rule was sought to be reversed, and to make protection the object of the law, and revenue the inci- dent. ]Mr. Henry Clay was the leader in the proposed revision and the champion of the American system ; he wixs ably sup- ported in the Hoiuse by many able and effective speakers ; who based their argu- ment on the general distress then alleged to be ]>revalent in the country. ]Mr. Daniel for the preservation of the Cumberland i Webster wa^s the leading speaker on the 26 'AMERICAN POLITICS. [book I. other side, and disputed tlie universality of" the distress wliich liad been described ; and contested the propriety of high or pro- hibitory duties, in tlie present active and intelligent state of the world, to stimulate industry and manufacturing enterprise. The bill was carried by a close vote in both Houses. Though brought forward avowedly for the protection of domestic manutacturos, it was not entirely supported on that ground ; an increase of revenue being the motive with some, the public debt then being nearly ninety millions. An increased protection to the products of several States, as lead in Missouri and Illi- nois, hemp in Kentucky, iron in Pennsyl- vania, wool in Ohio and New York, com- manded many votes for the bill ; and the impending presidential election had its in- fluence in its favor. Two of the candidates, Messrs. Adams and Clay, voted for and avowedly supported General Jackson, who voted for the bill, was for it, as tending to give a home sup- ply of the articles necessary in time of war, and as raising revenue to pay the public, debt ; ]\Ir. Crawford w.as opposed to it, and Mr. Calhoun had withdrawn as a Presiden- tial candidate. The Southern planting States were dissatisfied, believing that the new burdens upon imports which it im- posed, fell upon the producers of the ex- ports, and tended to enrich one section of the Union at the exjsense of another. The attack and support of the bill took much of a sectional aspect; Virginia, the two Carolinas, Georgia, and some others, being unanimous against it. Pennsylva- nia, New York, Ohio, and Kentucky being unanimous for it. Massachusetts, which up to this time had no small influence in commerce, voted, with all, except one memlier, against it. With this sectional aspect, a tariff for protection, also began to assume a political aspect, being taken un- der the care of the party, afterwards de- nominated as Whig. The bill was ap- proved by President Monroe; a proof that that careful and strict constructionist of the constitution did not consider it as de- prived of its revenue character by the de- gree of protection which it extended. yk sul)ject which at the present time is /exciting much criticism, viz: proposed amendments to the constitution relative to the election of President and Vice-Presi- dent, had its origin in movements in that direction taken i)y leading Dcmocnits dur- ing the campaign of 1H24. The electoral college has never been since the early elec- tions, an independent body free to select a I'rcsidcnt and Vice-President; though in theory lliey have been vested with such powers, in practic(i they have no such i)rac- tical power over the elections, and have had none since their institution, in every caue the elector huu buuu au iustrumeut, bound to obey a particular impulsion, and disobedience to which Avould be attended with infamy, and with every penalty which public indignation could inflict. From the beginning they have stood pledged to vote for the candidate indicated by the ])ublic will ; and have proved not only to be use- less, but an inconvenient intervention be- tween the people and the object of their choice. Mr. McDuffie in the House of Representatives and Mr. Benton in the Senate, proposed amendments; the mode of taking the direct vote to be in districts, and the persons receiving the greatest number of votes for President or Vice- President in any district, to count one vote for such ofBce respectively Avhich is noth- ing but substituting the candidates them- selves for their electoral i-epreseutatives. In the election of 1824 four candidates were before the people for the office of President, General Jackson, John Quincy Adams, William H. Crawford and Plenry Clay. None of them received a majority of the 261 electoral votes, and the election devolved upon the House of Representa- tives. John C. Calhoun had a majority of the electoral votes for the office of Vice- President, and was elected. Mr. Adams was elected President by the House of Representatives, although General Jack- son was the choice of the people, having received the greatest number of votes at the general election. The election of ]\Ir. Adams was perfectly constitutional, and jig such fully submitted to by the people ; but it was a violation of the demos Iraico jjrin- ciple; and that violation was equally re- buked. All the representatives who voted against the will of their constituents, lost their favor, and disa]ipeared from public life. The representation in the House of Representatives was largely changed at the first general election, and presented a full opposition to the new President. Mr. Adams himself was injured by it, and at the ensuing presidential election was beat- en by General Jackson more than two to one. Mr. Clay, who took the lead in the House for Mr. Adams, and afterwards took upon himself the ndssion of reconciling the people to his election in a series of public s])eeches, was himself crippled in the effort, lost his jdace in the democratic par- ty, and joined the Whigs (then called the national republicans). The democratic princi])le was victor over the theory of the Constitution, and beneficial results ensued. It vindicated the people in their right and their power. It re-established panics upon the basis of principle, and drew anew ])arty lines, then almost obliterated under the fusion of parties during the "era of good feeling," and the elfbrts of leading men to make ])crsonal ])arties fi)r them- selves. It showed the conservative power BOOK I.] TENURE OF OFFICE — ELIGIBILITY. 27 of our goverment to lie in the people, more than in its constituted authorities. It showed that they were rai)able of exercis- ing the functi(jn of seli-goveriunent, and histly, it assumed tlie supremacy of the de- mocracy for a longtime, and until lost by causes to be referred to hereafter. The Presidential election of 1824 is remarkable under another aspect — its results cautioned all public men against future attemjjts to govern presidential elections in the House of Representatives; and it put an end to the practice of caucus nominations for the Presidency by members of Congress. This mode of concentrating public opinion be- gan to be practiced as the eminent men of the Revolution, to whom public opinion awarded a preference, were passing away, and when new men, of more equal preten- sions, were coming upon the stage. It was tried several times with success and general approbation, because public sentiment was followed — not led — by the caucus. It was attempted in 1824 and failed; all the op- ponents of Mr. Crawford, by their joint efforts, succeeded, and .justly in the fact though not in the motive, in rendering these Congress caucus nominations odious to the people, and broke them down. They were tlropped, and a different mode adopted — that of party nominations by conventions of delegates from the States. The administration of Mr. Adams com- menced with his inaugural address, in which the chief topic was that of internal national improvement by the federal gov ■ ernment. This declared policy of the ad- ministration fiirnished a ground of opposi- tion against Mr. Adams, and went to the reconstruction of parties on the old line of strict, or latitudinous, construction of the Constitution. It was clear from the begin- ning that the new administration was to have a settled and strong opposition, and that founded in principles of government — the same principles, under different forms, which had discriminated parties at the commencement of the federal govern- ment. Men of the old school — survivors of the contest of the Adams and Jetferson times, with some exceptions, divided ac- cordingly — the federalists going for Mr. Adams, the republicans against "him, with the mass of the younger generation. The Senate by a decided majority, and the House by a strong minority, were opposed to the policy of the new President. In 1826 occurred the f uuous debates in the Senate and the House, on the proposeil Congress of American States, to contract alliances to guard against and prevent the establishment of any future European co- lony within its borders. The mission though sanctioned was never acted upon or carried out. It was authorized by very nearly a party vote, the democracy as a party being against it The President, Mr. Adams, stated the objects of the Congress to be as follows : " An agreement between all the parties represented at the meeting, that each will guard, by its own means, against the establishment of any future European colony within its own borders, may be advisable. This was, uKjre than two years since, announced by my prede- cessor to the world, as a ])rinciple result- ing from the emancipation of both the American continents. It nuiy be so de- veloped to the new southern nations, that they may feel it as an essential appendage to their independence." Mr. Adams had been a member of Mr. Monroe's cabinet, filling the department I'rom which the doctrine would emanate. The enunciation by him as above of this "Monroe Doctrine," as it is called, is very different from what it has of late been snp- poscd to be, as binding the United States to guard all the territory of the New World from European colonization. The mes- sage above quoted was written at a time when the doctrine as enunciated by the former President through the then Secre- tary was fresh in the mind of the latter, and when he himself in a communication to the American Senate was laying it down for the adoption of all the American na- tions in a general congress of their depu- ties. According to President Adams, this " Monroe Doctrine " (according to which it has been of late believed that the United States were to stand guard over the two Americas, and repulse all intrusive colo- nists from their shores), was entirely con- fined to our own borders ; that it was only proposed to get the other States of the New World to agree that, each for itself, and by its own means, should guard its own terri- tories ; and, consequently, that the United States, so far from extending gratuitous protection to the territories of other States, would neither give, nor receive, aid in any such enterprise, but that each should use its own means, w^ithin its own borders, for its own exemption from European colonial intrusion. No question in its day excited more in- temperate discussion, excitement, and feel- ing between the Executive and the Senate, and none died out so quickly, than this, relative to the proposed congress of Ameri- can nations. The chief advantage to be derived from its retrospect — and it is a real one — is a view of the firmness with which the minority maintained the old policy of the United States, to avoid entangling al- liances and interference with the affairs of other nations; and the exposition, by one so competent as Mr. Adams, of the true scope and meaning of the Monroe doc- trine. At the session of 1825-26 attempt was again made to procure an amendment to the Constitution, fii relation to the mode 28 AMERICAN POLITICS. [book I. of election of President and Vice-Presi- dent, so as to do away with all intermedi- ate agencies, and give the election to the direct vote of the people. In the Senate the matter was referred to a committee who reported amendments dispensing with electors, providing for districts equal in number to the whole number of Senators and Representatives to which the State was entitled in Congress, and obviating all excuses for caucuses and conventions to concentrate public opinion by providing that in the event of no one receiving a ma- jority of the whole number of district votes cast, that a second election should be held limited to the two persons receiving the highest number of votes ; and in case of an equal division of votes on the second elec- tion then the House of Reioresentatives shall choose one of them for President, as is prescribed by the Constitution. The idea being that the first election, if not re- sulting in any candidate receiving a ma- jority, should stand for a popular nomina- tion — a nomination by the people them- selves, out of which the election is almost sure to be made on the second trial. The same plan was suggested for choosing a Vice-President, except that the Senate was to finally elect, in case of failure to choose at first and second elections. The amend- ments did not receive the requisite supjjort of two-thirds of either the Senate or the House. This movement was not of a par- tisan character ; it was equally supported and opposed respectively by Senators and Representatives of both parties. Substan- tially the same plan was recommended by President] Jackson in his first annual mes- Bage to Congress, December 8, 1829. It is interesting to note that at this Ses- sion of 1825 and '26, attempt was made by the Democrats to pass a tenure of ofiice bill, as ap]>licable to government em- ployees and office-holders ; it provided that in all nominations made by the President to the Senate, to fill vacancies occasioned by an exercise of the Presi- dent's power to remove from office, the fact of the removal shall be stated to the Senate at the .same time that the nnmina-< tion is made, with a statement of the rea-f sons for which such officer may have been removed." It was also sought at the same time to amend the Constitution to prohibit the appointment of any member of Con- gress to any federal ollice of trust or profit, during the jjcriod for which he was elec- ted; the design being to make the mem- bers wholly independent of tlie Executive, and not subservient to tlie latter, and in- capable of ncciving favors in the form of bestownls of official jjiitronage. The tiirilfof 1828 is an era in our politi- cal legislation; from it the doctrine of " nnllification " originated, and IVom tliat date began a serious division between the North and the South. This tariff law was projected in the interest of the woolen manufacturers, but ended by including all manufacturing interests. The i:)assage of this measure was brought about not because it was favored by a majority, but because of political exigencies. In the then ap- proaching presidential election, Mr. Adams, who was in favor of the " Ameri- can System," supported by Mr. Clay (his Secretary of State) was opposed by General Jackson. This tariff' was made an admin- istration measure, and became an issue in the canvass. The New England States, which had formerly favored Iree trade, on account of their commercial interests, changed their policy, and, led by Mr. Webster, became advocates of the protec- tive system. The question of protective tariff had now not only become political, but sectional. The Southern States as a section, were arrayed against the system, though prior to 1816 had favored it, not merely as an incident to revenue, but as a substantive object. In fact these tariff bills, each exceeding the other in its de- gree of protection, had become a regular appendage of our presidential elections — carrying round in every cycle of four years, with that returning event ; starting in 1816 and followed up in 1820-24, and now in 1828, with successive augmentations of duties ; the last being often pushed as a party measure, and with the visible pur- pose of influencing the presidential elec- tion. General Jackson was elected, hav- ing received 178 electoral votes to 83 re- ceived by John Quincy Adams. Mr. Richard Rush, of Pennsylvania, who was on the ticket with Mr. Adams, was de- feated for the office of Vice-President, and .Jolin C. Calhoun, of South Carolina, was elected to that office. / The election of General Jackson was a itriumph of democratic principle, and an ^assertion of the people's right to govern themselves. That principle had been vio- lated in the presidential election in the /House of Representatives in the session of /1824-25; and the sanction, or rebuke, of that violation was a leading question in the whole canvass. It was also a trium])h over the high protective policy, and the federal internal im]irovement policy, and the latitudinous construction of the Con- stitution ; and of the democracy over the federalists, then called national rejuibli- cans; and was the re-establishment of par- ties on principle, according to the land- marks of tlie early years of the govern- ment. For aKhoiigli Mr. Adams had re- ceived confidence and office from Mr. Madison and Mr. Monroe, and had classed with the democratic party during the " era of good feeling," yet he had previously been federal ; and on the re-establishment of old party lines which began to take place BOOK I.] NULLIFICATION— DEMOCRATS AND FEDERALS. 29 after the election of Mr. Adams in the House of Representatives, liis aliinities and policy became those of liis foniier party ; and as a party, with many indivi- dual exceptions, they became his suppor- ters and his strength. CJeneral Jacivson, on the contrary, had always been demo- cratic, so classing when lie was a Senator in Congress under the administration of the first Mr. Adams ; and when j)arty lines were most straightly drawn, and upon prin- ciple, and as such now receiving the supjjort ot men and States which took this political position at that time, and maintained it for years afterwards ; among tlie latter, nota])ly the Slates of Virginia and Pennsylvania. The short session of 1829-;i0 was ren- dered famous by the long and earnest de- bates in the Senate on the doctrine of nul- lification, as it was then c;dlcd. It started by a resolution of inquiry introduced by Mr. Foot of Connecticut; it was united with a proposition to limit the sales of the public lan(ls to those then in the market — to suspend the surveys of the public lands — and to abolish the office of Surveyor- General. The effect of such a resolution, if sanctioned upon inquiry and carried into legislative effect, would have been to check emigration to the new States in the West, and to check the growth and settlement of these States and Territories. It was warmly opposed by Western members. The de- bate spread and took an acrimonious turn, and sectional, imputing to the quarter of the Union from which it came an old and early i)olicy to check the growth of the West at the outset by proposing to limit the sale of the Western lands, by selling no ti'act in advance until all in the rear was sold out ; and during the debate Mr. Webster referred to the famous ordinance of 1787 for the government of the north- western territory, and especially the anti- slavery clause which it contained. Closely connected with this subject to which Mr. Webster's remarks, during the debate, related, was another which excited some warm discussion — the topic of slavery — and the effect of its existence or non- existence in different States. Kentucky and Ohio were taken for examples, and the superior improvement and popula- tion of Ohio were attributed to its exemp- tion from the evils of slavery. This was an excitable subject, and the more so be- cause the wounds of the Missouri contro- versy in which the North was the undis- puted aggressor, were still tender. Mr. Hayne from South Carolina answered with warmth and resented as a reflection upon the Slave States this disadvantageous com- parison. Mr. Benton of Missouri followed on the same side, and in the course of his remarks said, "I regard with admiration, that is to say, with wonder, the sublime morality of those who cannot bear the ab- stract contemplation of .slavery, at the dis- tance of five hundred or a thousand miles oil"." This allusion to the Miss(juri con- troversy, and invective again.-t the free States for their ))art in it, by Messrs. Hayne and 13enton, brouglit a reply from Mr. Webster, showing what tlieir conduct had been at the first introduction of the slavery topic in the Congress of the United States, and that they totally refused to in- terfere between master and slave in any way whatever. But the toi)ic which be- came the leading feature of the whole de- bate, and gave it an interest which cannot die, was that of nullification — the assumed right of a State to annul an act of Congress — then first broached in the Senate — and in the discussion of which Mr. Webster and Mr. Hayne were the champion speakers on opposite sides — the latter voicing the sentiments of the Vice-Presi- dent, Mr. Calhoun. This turn in the de- bate was brought about, by Mr. Hayne having made allusion to the course of New England during the war of 1812, and espe- cially to the assemblage known as the Hartford Convention, and to which designs unfriendly to the Union had been at- tributed. This gave Mr. Webster an op- portunity to retaliate, and he referred to the public meetings which had just then taken place in South Carolina on the sub- ject of the tariff", and at which resolves were passed, and propositions adopted sig- nificant of resisistance to the act; and con- sequently of disloyalty to the Union. He drew Mr. Hayne into their defence and into an avowal of what has since obtained the current name of " XuUification." He said, " I understand the honoralile gentle- man from South Carolina to maintain, that it is a right of the State Legislature to inter- fere, whenever, in their judgment, _ this government transcends its constitutional limits, and to arrest the operation of its laws, * * * * that the States may law- fully decide for themselves, and each State for itself, whether, in a given case, the act of the general government transcends its powers, * * * * that if the exigency of the case, in the opinion of any State government require it, such State gov- ernment may, by its own sovereign au- thority, annul an act of the general -gov- ernment, which it deems plainly and pal- pably unconstitutional." Mr. Hayne was evidently unprepared to admit, or fully deny, the propositions as so laid down, but contented himself with stating the words of the Virginia Resolution of 1798, m fol- lows : " That this assembly doth explicitly and peremi)torily declare, that it views the powers of the federal government as result- ing from the compact, to which the States are parties, as limited by the plain sense and intention ofthe instrument constituting , that compact, as no farther valid than they 80 AMERICAN POLITICS. [book I. are authorized by the grants enumerated in that compact, and that, in case of a de- liberate, palpable and dangerous exercise of other powers, not granted by the said compact, the States who are parties thereto have the right, and are in duty bound, to interpose, for arresting the progress of the evil, and for maintaining, Avithin their re- spective limits, the authorities, rights, and liberties appertaining to them." This resolution came to be understood by Mr. Hayne and others on that side of the debate, in the same sense that Mr. Webster stated, as above, he understood the gentleman from the South to interpret it. On the other side of the question, he argued that the doctrine had no foundation either in the Constitution, or on the Vir- ginia resolutions — that the Constitution makes the federal governmeut act upon citizens within the States, and not upon the States themselves, as in the old con- federation : that within their Constitution- al limit'^ the laws of Congress were supreme — and that it was treasonable to resist them with force : and that the question of their constitutionality was to be decided by the Supreme Court : with respect to the Virginia resolutions, on which Mr. Hayne relied, Mr. Webster disputed the interpre- tation put upon them — claimed for them an innocent and justifiable meaning — and exempted ^Mr. Madison from the suspicion of having framed a resolution asserting the right of a State legislature to annul an Act of Congress, and thereby putting it in the power of one State to destroy a form of government which he had just labored so ard to establish. Mr. Hayne on his part gave (as the prac- tical part of his doctrine) the pledge of for- cible resistance to any attempt to enforce unconstitutional laws. He said, " The gentleman has called upon us to carry out our scheme practically. Now, sir, if I am correct in my view of this matter, then it follows, of course, that the right of a State being established, the federal government is bound to acquiesce in a solemn decision of a State, acting in its sovereign capacity, at least so far as to make an a])peal to the people for an amendment to the Constitu- tion. This .solemn decision of a State binds the federal government, under the hip^hest constitutional obligation, not to resort to any means of coercion against the citizens of the dissentinff State. * * * Suppose Congress should pass an agrarian law, or a law emancipating our slaves, or should commit any other gross violation of our constitutional riirlits, will any gentlemen contend thiit the decision of every branch of the federal government, in favor of such laws, could prevent the States from de- claring them null and void, and protecting their citizens from their operation? * * Let me assure the gentlemen that, when- ever any attempt shall be made from any quarter, to enforce unconstitutional laws, clearly violating our essential rights, our leaders (whoever they may bej will not be found reading black letter from the musty pages of old law books. They will look to the Constitution, and when called upon by the sovereign authority of the State, to preserve and protect the rights secured to them by the charter of their liberties, they will succeed in defending them, or ' perish in the last ditch.' " These words of Mr. Hayne seem almost prophetic in A'iew of the events of thirty years later. No one then believed in any- thing serious in the new interpretation given to the Virginia resolutions — nor in anything practical from nullification — nor in forcible resistance to the tariff laws from South Carolina — nor in any scheme of dis- union. Mr. Webster's closing reply was a fine piece of rhetoric, delivered in an elaborate and artistic style, and in an ajiparent spirit of deep seriousness. He concluded thus — "When my eyes shall be turned to behold, for the last time, the sun in heaven, may I not see him shining on the broken and dis- figured fragments of a once glorious Union ; on States dissevered, discordant, belligerent ; on a land rent with civil feuds, or drenched, it may be, in fraternal blood. Let their last feeble and lingering glance, rather, behold the gorgeous ensign of the Eepublic, now known and honored through- out the earth, still full high advanced, its arms and trophies streaming in their ori- ginal lustre, not a stripe erased or polluted, nor a single star obscured, bearing lor its motto no such miserable interrogatory as. What is all this Avorth? nor those other Avords of delusion and folly, Lilierty first and Union afterwards ; but everywhere, spread all OA'^er in characters of living light, blazing in all its amjile fold=, as they lioat over the sea and over the land, and in every wind under the Avhole heavens, that other sentiment, dear to every true Ameri- can heart — Liberty and Union, now and forever, one and inseparable! " — President Jackson in his first annual 'message to Congress called atteution,to the fact of expiration in 1836 of the charter of incorporation granted by the Federal government to a moneyed institution called The Bank of the United States, Avhich Avas originally designed to assist the govern- ment in estal)lishing and maintaining a uniform and sound currency. He seriously doubted the constitutionality and expedi- ency of the law creating the bank, and Avas opposed to a renewal of the charter. His view of the matter AA'as that if such an institution was deemed a necessity it should be made a national one, in the sense of being founded on the credit of the govern- ment and its revenues, and not a corpora- BOOK I.J THE UNITED STATES BANK. 31 tion indepenrlcnt from and not a part of the govcrunu'iit. The House of Repre- sentatives was strongly in favor of the re- newal of tlie charter, ami several of its committees made elaborate, ample and argumentative reports upon the Hul)ject. These reports were the siiljjeet of news- Eaper and })amphlet j)ublieation ; and luded for their power and exeellence, and triumphant refutation of all the I're.sident's opinions. Thus was the "war of the Hank'' commenced at once in Congress, and in the public press; and openly at the instance of the Bank itself, which, forgetting its position as an institution of tlie govern- ment, f )r the convenience of the govern- ment, set itself up as a power, and strug- gled for continued existence, by demand for renewal of its charter. It allied itself at the same time to the political power opposed to the President, joined in all their schemes of protective tariff, and national internal improvement, and became the head of the American system. Its moneyed and political power, numerous interested affiliations, and control over other banks and fiscal institutions, was truly great and extensive, and a power which was exer- cised and made to be felt during the strug- gle to such a degree that it threatened a danger to the country and the government almost amounting to a national calamity. — The subject of renewal of the charter ■was agitated at every succeeding session of Congress down to 188G, and many able speeches made for and against it. / In the, month of December, 1831, the National Republicans, as the party was then called which afterward took the name of "whig," held its convention in Balti- more, and nominated candidates for Presi- dent and Vice-President, to be voted for at the election in the autumn of the ensu- ing year, Henry Clay was the candidate for the office of President, and John Ser- geant for that of Vice-President. The jdatform or address to the people presented the party issues which were to be settled at the ensuing election, the chief subjects being the taritf, internal improvement, re- moval of the Cherokee Indians, and the renewal of the United St.ates Bank charter. Thus the bank question was fully i)resentcd as an issue in the election by that part of its friends who classed politically against President Jackson. But it had also Demo- cratic friends without whose aid the re- charter could not be got through Congress, and they labored assiduously for it. The first Bank of the Unitetl States, chartered in 1701, was a federal measure, favored by General Hamilton, opposed by ]Mr. Jeller- son, Mr. Madison, and the Republican party ; and became a great landmark of party, not merely for the bank itself, but for the latitudinarian construction of the constitution in which it was founded, and the precedent it established that Congress might in its discretion do what it pleased, under the plea of being " nccessiny'' to carry into ellect some granted power. The non-renewal of the charter in ISll, wa.s the act of the Republican party, then in possession of the government, and taking the opjjortunity to terminate, upon its own limitation, the existem^e of an institution whose creation they had not been able to prevent. The charter of the second bank, in 181(5, was the act of the Rei)u])lican ])arty, and to aid them in the administra- tion of the government, and, as such, was opposed by the Federal party — not seeming then to understand that, by its instincts, a great moneyed corporation was in sym- pathy with their own party, and would soon be with it in action — which the bank soon was — and now struggled for a con- tinuation of its existence under the lead of those who had opposed its creation and against the party which effected it. Mr. Webster was a Federal leader on both occasions — against the charter in 181(5 ; for the re-charter in 1832. The bill passed the Senate after a long and arduous con- test; and afterwards passed the House, quickly and with little or no contest at all. It was sent to the President, and vetoed by him July 10, 1832 ; the message stating his objections being an elaborate review of the subject ; the veto being based mainly on the unconstitutionality of the measure. The veto was sustained. Following this the President after the adjournment re- moved from the bank the government deposits, and referred to thit fact in his next annual message on the second day of December, 1833, at the opening of the first session of the twenty-third Congress. Ac- companying it was the report of the Secretary of the Treasury, Hon. Roger B. Taney, afterwards Chief Justice of the Supreme Court of the United States, giv- ing the reasons of the government for the withdrawal of the public funds. Long and bitter was the contest between the Presi- dent on the one side and the Bank and its supporters in the Senate on the other side. The conduct of the Bank produced dis- tress throughout the country, and was so intended to coerce the President. Distress petitions flooded Congress, and the Senate even passed resolutions of censure of the President. The latter, however, held firm in his position. A committee of investi- gation was appointed by the House of Representatives to in(]uire into the causes of the commercial embarrassment and the pul)lic distress com]>lained of in the numeroiis distress memorials presented to the two Hou'^es during the session; and whether the Bank had lieen instrumental, through its management of money, in pro- ducing the di- tion for a bad purpose ; and it soon gave a sad overthrow to the democracy and disap- 36 AMERICAN POLITICS. [book I. pointed every calculation made upon it. To the States it was no advantage, raising expectations which were not fulfilled, and upon which many of them acted as reali- ties. The Bill was signed by the Presi- dent, but it is simple justice to him to say that he did it with a repugnance of feel- ing, and a recoil of judgment, which it re- quired great efforts of his friends to over- come, and with a regret for it afterwards which he often and publicly expressed. In a party point of view, the passage of this measure was the commencement of calam- ities, being an efficient cause in that gen- eral suspension of specie payments, which quickly occurred, and brought so much embarrassment on the Van Buren admin- istration, ending in the great democratic defeat of 1840 cratic school, as understood a.t the original formation of parties. The President, however, was scarcely settled in his new office when a financial panic struck the country with irresistible force. A general suspension of the banks, a depreciated currency, and insolvency of the federal treasury were at hand. The public money had been placed in the cus- tody of the local banks, and the notes of all these banks, and of all others in the coun- trv, were received in pavment of public dues. On the 10th of 'May, 1837, the banks throughout the country suspended specie payments. The stoppage of the de- posit banks was the stoppage of the Trea- j^ury. Non-payment by the government was an excuse for non-payment by others. The suspension was now complete ; and it The presidential election of 1836 re- Iwas evident, and as good as admitted by suited in the choice of the democratic can- tthose who had made it, that it was the didate, Mr. Van Buren, who was elected effect of contrivance on the part of politl by 170 electoral votes; his opponent. Gene- ' ' " n ■> -n. i ,. ., xt •. ral Harrison, receiving seventy-three elec- toral votes. Scattering votes were given for Mr. Webster, Mr. Mangum, and Mr. Hugh L. White, the last named represent- ing a fragment of the democracy who, in a spirit of disaffection, attempted to divide the democratic party and defeat Mr. Van Buren. At the opening of the second ses- sion of the twenty-fourth Congress, Decem- ber, 1836, President Jackson delivered his last annual message, under circumstances exceedingly gratifying to him. The power- ful opposition in Congress had been broken down, and he had the satisfaction of seeing full majorities of ardent and tried friends in each House. The country was in peace and friendship with all the world ; all ex- citing questions quieted at home; industry in all its branches prosperous, and the revenue abundant. And as a happy sequence of this state of affairs, the Senate on the 16th of March, 1837, expunged from the Journal the resolution, adopted three years previously, censuring the Presi- dent for ordering the removal of the de- posits of public money in the United States Bank. He retired from the ]>rcsidency with high honors, and died eight years afterwards at his home, the celebrated "Hermitage," in Tennessee, in full posses- sion f)f all his faculties, and strong to the last in the ruling passion of his soul — love of country. The 4th of March, 1837, ushered in an- other Democratic administration — the be- ginning of tiic term of Martin Van Buren a.s President of the United States. In liis inaugural address he commented on the prosperous condition of the country, and declared it to be his policy to strictly abide by the Constitution as written — no latitu- dinarian constnictions permitted, or doubt- ful powers assumed; tliat liis political chart should be the doctrines of the demo- cians and the so-called Bank of the United States (which, after the expiration of its national charter, had become a State cor- iporation chartered by the Legislature of Pennsylvania in January, 1836) for the purpose of restoring themselves to power. The whole proceeding became clear to those who could see nothing while it was in progress. Even those of the democratic party whose votes had helped to do the mischief, could now see that the attemptto deposit forty millions with the States was destruction to the deposit banks ; that the repeal of President Jackson's order, known as the "specie circular" — requiring pay- ment for public lands to be in coin — was to fill the treasury with paper money, to be found useless when wanted ; that distress was purposely created to throw blame of it upon the party in power ; that the promptitude with which the Bank of the United States had been brought forward as a remedy for the distress, showed that it had been held in reserve for that purpose ; and the delight with which the whig party saluted the general calamity, showed that they considered it their own passjjort to power. Financial embarrassment and general stagnation of business diminished the current receipts from lands and customs, and actually caused an absolute deficit in the public treasury. In conse- fle as a delegation, and l)allot for candidates for the ofRcos of President and Vice-Presi- dent, and having done so, to commit the ballot designating the votes of each candi- date, and by whom given, to its commit- tee, and thereupon all the committees shall assemble and compare the several ballots, and report the result of the same to their several delegations, together with such facts as may bear upon the nomina- tion ; and said delegation shall forthwith re-assemble and ballot again for candidates for the above offices, and again commit the result to the above committees, and if it shall appear that a majority of the bal- lots are for any one man for candidate for President, said committee shall report tl^e result to the convention for its considera- tion ; but if there shall be no such majori- ty, then the delegation shall repeat the balloting until such a majority shall be obtained, and then report the same to the convention for its consideration. That the vote of a majority of each delegation shall be reported as the vote of that State ; and each State represented here shall vote its full electoral vote by such delegation in the committee." This was a sum' in poli- tical algebra, whose quotient was known, but the quantity unknown except to those who planned it ; and the result was — for General Scott, 16 votes ; for Mr. Clay, 90 votes; for General Harrison, 148 votes. And as the law of the convention implied- ly requires the absorption of all minorities, the 106 votes were swallowed up by the 148 votes and made to count for General Harrison, presenting him as the unani- mity candidate of the convention, and the defeated candidates and all their friends bound to join in his support. And in this way the election of 1840 was eifected — a process certainly not within the purview of those framers of the constitution who supposed they w'ere giving to the nation the choice of its own chief magistrate. The contest before the people was a long and bitter one, the severest ever known in the country, up to that time, and scarcely equalled since. The whole Whig party and the large league of suspended banks, headed by the Bank of the United States making its last struggle for a new national charter in the eflbrt to elect a President friendly to it, were arrayed against the Democrats, whose hard-money policy and independent treasury schemes, met with little tavor in the then depressed condition of the country. Meetings were held in every State, county and town ; the people thoroughly aroused ; and every argument made in favor of the respective candidates and parties, which could pos- sibly have any effect upon the voters. The canvass was a thorough one, and the elec- tion was carried for the Whig candidates, who received 234 electoral votes coming from 10 States. The remaining GO electo- ral votes of the other 9 States, were given to the Democratic candidate ; though the popular vote was not so unevenly divided ; the actual figures being 1,275,611 for the Whig ticket, against 1,135,761 for the Democratic ticket. It was a complete rout BOOK I.] WHIGS AND DEMOCRATS— THE HOUR RULE. 39 Hf^ of the Democratic party, but without the moral effect of victory. On March 4, 1841, was inaugurated as President, (Jen'l Wni. H. Harrison, the first Chief Magistrate elected by the Whig party, and the first President who was not a Democrat, since the installation of Gen'l Jackson, March 4, 1829. His term was a short one. He issued a call for a special session of Congress to convene the 31st of May following, to consider the condition of the revenue and finances of the country, but did not live to meet it. Taken ill with a fatal malady during the last days of March, he died on the 4th of April follow- ing, having been in office just one month. He was succeeded by the Vice-President, John Tyler. Then, for the first time in our history as a government, the person elected to the Vice-Presidency of the United States, by the happening of a con- tingency provided for in the constitution, had devolved upon hini the Presidential office. The twenty-seventh Congress opened in extra session at the call of the late Presi- dent, May 31, 1841. A Whig member — Mr. White of Kentucky — was elected Speaker of the House of Representatives. The Whigs had a majority of forty-seven in the House and of seven in the Senate, and with the President and Cabinet of the same political party presented a harmony of aspect frequently wanting during the three previous administrations. The first measure of the new dominant party was the repeal of the independent treasury act passed at the previous session ; and the next in order were bills to establish a sys- tem of bankruptcy, and for distribution of public land revenue. The former was more than a bankru[)t law ; it was practi- cally an insolvent law for the abolition of debts at the will of the debtor. It applied to all persons in debt, allowed them to institute the proceedings in the district where the petitioner resided, allowed con- structive notices to creditors in newspapers — declared the abolition of the debt where effects were surrendered and fraud not proved ; and gave exclusive jurisdiction to the federal courts, at the will of the debtor. It was framed upon the model of the Eng- lish insolvent debtors' act of George the Fourth, and embodied most of the pro- visions of that act, but substituting a re- lease from the debt instead of a release from imprisonment. The bill passed by a close vote in both Houses. The land revenue distribution bill of this session had its origin in the fact that the States and corporations owed about two hundred millions to creditors in Europe. These debts were in stocks, much depre- ciated by the failure in many instances to pay the accruing interest — in some in- stances failui-e to provide for the priucipal. These creditors, becoming uneasy, wished the federal government to assume their dtbts. The suggestion was made as early as 1838, renewed in 1839, and in 1840 be- came a regular question mixed up with the Presidential election of that year, and openly engaging the active exertions of foreigners. Direct assumption was not urged ; indirect by giving the jjublic land revenue to the States was the mode pur- sued, and the one recommended in the message of President Tyler. Mr. Calhoun spoke against the measure with more than usual force and clearness, claiming that it was unconstitutional and williout warrant. Mr. Benton on the same side called it a squandering of tjie public patrimony, and pointed out its inexpediency in tlie de- I)leted state of the treasury, apart from its other objectionable features. It passed by a party vote. This session is remarkable for the insti- tution of the hour rule in the House of Representatives — a very great limitation upon the freedom of debate.- It was a Whig measure, adopted to j)revent delay in the enactment of pending bills. It was a rigorous limitation, frequently acting as a bar to profitable debate and checking members in speeches which really imi)art information valuable to the House and the country. No doubt the license of debate has been frequently abused in Congress, aa in all other deliberative assemblies, but the incessant use of the previous question, which cuts off all debate, added to the hour rule which limits a speech to sixty minutes (constantly reduced by interrup- tions) frequently results in the transaction of business in ignorance of what they are about by those who are doing it. The rule worked so well in the House, for the purpose for which it was devised — made the majority absolute master of the body — that Mr. Clay undertook to have the same rule adopted in the Senate ; but the determjned opposition to it, both by his political opponents and friends, led to the abandonment of the attempt in that chamber. Much discussion took place at this ses- sion, over the bill offered in the Hmise of Rejiresentatives, for the relief of the widow of the late PresideYit — General Harrison — appropriating one year's salary. It Avas strenuously opposed by the Democratic members, as unconstitutional, on account of its principle, as creating a' private pen- sion list, and as a dangerous precedent. Many able speeches were made against the bill, both in the Senate and House ; among others, the following extract from the speech of an able Senator contains some interesting facts. He said : " Look at the case of Mr. Jefferson, a man than whom no one that ever existed on God's earth were the human family more indebted to. 40 'AMERICAN POLITICS. [book I. His furniture and his estate were sold to satisfy his creditors. His posterity was driven from house and home, and his bones now lay in soil owned by a stranger. His family are scattered : some of his descend- ants are married in foreign lands. Look at Monroe — the able, the jjatriotic Monroe, whose services were revolutionary, whose blood was spilt in the war of Independence, whose life was worn out in civil sen'ice, and whose estate has been sold for debt, his family scattered, and his daughter buried in a foreign land. Look at Madi- son, the model of every virtue, public or private, and he would only mention in connection with this subject, his love of order, his economy, and his systematic regularity in all his habits of business. He, when his term of eight years had ex- pired, sent a letter to a gentleman (a son of whom is now on this floor) [Mr. Pres- ton], enclosing a note of five thousand dollars, which he requested him to en- dorse, and raise the money in Virginia, so as to enable him to leave this city, and re- turn to his modest retreat — his patrimonial inheritance — in that State. General Jack- son drew upon the consignee of his cot- ton crop in New Orleans for six thousand dollars to enable him to leave the seat of government without leaving creditors behind him. These were honored leaders of the republican party. They had all been Presidents. They had made great sacrifices, and left the presidency deeply embarrassed ; and yet the republican party who had the power and the strongest dis- position to relieve their necessities, felt they had no right to do so by appropri- ating money from the public Treasury. Democracy would not do this. It was left for the era of federal rule and federal supremacy — who are now rushing the country with steam power into all the abuses and corruptions of a monarchy, with its pensioned aristocracy — and to en- tail upon the country a civil pefision list." There was an impatient majority in the House in favor of the passage of the bill. The circumstances were averse to delibera- tion — a victorious party, come into power after a heated election, seeing their elected candidate dying on the threshold of his administration, poor and beloved: it was a case for feeling more than of judgment, es- pecially with the political friends of the deceased — but few of whom could follow the counsels of the head against the impul- sions of the heart. The bill passed, and was approved ; and as 7)redicted, it established a precedent which ha.s since been followed in every similar case. The sul)joet of naval pensions received more than usual consideration :it this ses- sion. Thofpiestion arose f)n the discussion of the apjjropriation bill for that puri)osc. A difference about a navy — on the point of how much and what kind — had always been a point of difference between the two great political parties of the Union, which, under whatsoever names, are always the same, each preserving its identity in prin- ciples and policy, but here the two parties divided upon an abuse which no one could deny or defend. A navy jjension fund had been established under the act of 1832, which was a just and proper law, but on the 3d of March, 1837, an act was passed entitled " An act for the more equitable distribution of the Navy Pension Fund." That act provided : I. That Invalid naval pensions should commence and date back to the time of receiving the inability, in- stead of completing the proof. II. It ex- tended the jjcnsions for death to all cases of death, whether incurred in the line of duty or not. III. It extended the widow's pensions for life, when five years had been the law both in the army and navy. IV. It adopted the English system of pension- ing children of deceased marines, until they attained their majority. The effect of this law was to absorb and bankrupt the navy pension fund, a meri- torious fund created out of the government share of prize money, relinquished for that purpose, and to throw the pensions, arrears as well as current and future, upon the public treasury, where it was never in- tended they were to be. It was to repeal this act, that an amendment was intro- duced at this session on the bringing for- ward of the annual appropriation bill for navy pensions, and long and earnest were the debates upon it. The amendment was lost, the Senate dividing on party lines, the Whigs against and the Democrats for the amendment. The subject is instruc- tive, as then was practically ratified and re- enacted the pernicious practice authorized by the act of 1837, of granting pensions to date from the time of injury and not from the time of proof; and has grown up to such proportions in recent years that the last act of Congress appropriating money for arrears of pensions, provided for the payment of such an enormous sum of money that it would have a])palled the original projectors of the act of 1837 could tlicy have seen to what their system has led. Again, at this session, the object of the tariff" occupi(>d the attention of Congress. The compromise act, as it was called, of 1833, which was composed of two parts — one to last nine years, for the benefit of manufactures ; the other to last for ever, for the benefit of the planting and con- suming interest — was passed, as herein- l)ofore stated, in pursuance of an agree- ment between Mr. Clay and Mr. Calhoun and tlieir respective friends, at the time the former was urging the necessity for a BOOK I.] THE NATIONAL BANK BILL, 41 continuance of high tariff for protection and revenue, and the hitter was presenting and justifying before Congress the nullifi- cation ordinance adopted by the Legisla- ture of South Carolina. To Mr. Clay and Mr. Calhoun it was a political necessity, one to get rid of a stundjling-ldock (which protective tariff had become) ; the other to escape a personal peril which his nullify- ing ordinance had brought upon him, and with both, it was a piece of policy, to enable them to com])ine against Mr. Van Buren, by postponing their own conten- tion ; and a device on the part of its author (Mr. Clayton, of Delaware) and Mr. Clay to preserve the protective system. It provided for a reduction of a certain per centage each year, on the duties for the ensuing nine years, until the revenue was reduced to 20 per cent, ad valorem on all articles imported into the country. In consequence the revenue was so reduced that in the last year, there was little more than half what the exigencies of the govornment required, and different modes, by loans and otherwise, were suggested to meet the deficiency. The Secretary of the Treasury had declared the necessity of loans and taxes to carry on the govern- ment ; a loan bill for twelve millions had been passed ; a tariff bill to raise fourteen millions was depending ; and the chairman of the Committee of Ways and Means, Mr. Millard Fillmore, defended its necessity in an able speech. His bill proposed twenty per cent, additional to the existing duty on certain specified articles, sufficient to make up the amount wanted. This en- croachment on a measure so much vaunted when passed, and which had been kept inviolate while operating in favor of one of the parties to it, naturally excited complaint and opposition from the other, and Mr. Gilmer, of Virginia, in a speech against the new bill, said: " In referring to the compromise act, the true character- istics of that act which recommended it strongly to him, were that it contemplated that duties were to be levied for revenue only, and in the next place to the amount only necessary to the supply of the economi- cal wants of the government. He begged leave to call the attention of the committee to the principle recognized as the lan- guage of the compromise, a principle which ought to be recognized in all time to come by every department of the government. It is, that duties to be raised for revenue are to be raised to such an amount only as is necessary for an economical administra- tion of the government. Some incidental protection must necessarily be given, and ne, for one, coming from an anti-tariff por- tion of the country, would not object to The bill went to the Senate where it found Mr. Clay and Mr. Calhoun in posi- tions very different from what they occu- picfl when the compromise act was passed — then united, now divided — then concur- rent, now antagonistic, and the antago- nism general, upon all measures, was to be special upon this one. Their connection with the subject made it their function to lead off in its consideration ; and their antagonist positions promised sharp en- counters, which did not fail to come. Mr. Clay said that he " observed that the Senator from South Carolina based his abstractions on the theories of books on English authorities, and on the arguments urged in favor of free trade by a certain party in the British Parliament. Now he, (Mr. Clay,) and his friends would not ad- mit of these authorities being entitled to as much weight as the universal practice of nations, which in all parts of the world was found to be in favor of protecting home manufactures to an extent sufficient to keep them in a flourishing condition. This was the whole difference. The Sena- tor was in favor of book theory and ab- stractions: he (Mr. Clay) and his friends, were in favor of the universal practice of nations, and the wholesome and necessary protection of domestic manufactures." Mr. Calhoun in reply, referring to his allusion to the success in the late election of the tory party in England, said : " The interests, objects, and aims of the tory party there and the whig party here, are identical. The identity of the two parties is remarkable. The tory party are the patrons of corporate monopolies ; aiid are not you f They are advocates of a high tariff; and are not you ? They are support- ers of a national bank ; and are not you f They are for corn-laws — laws oppressive to the masses of the people, and favorable to their own power; and are not you? Witness this bill. * * * The success of that party in England, and of the whig party here, is the success of the great money power, which concentrates the in- terests of the two parties, and identifies their principles." The bill was passed by a large majority, upon the general ground that "the govern- ment must have revenue. The chief measure of the session, and the great object of the whig party — the one for which it had labored for ten years — was for the re-charter of a national bank. Without this all other measures would be deemed to be incomjdete, and the victori- ous election itself but little better than a defeat. The President, while a member of the Democratic party, had been opposed to the United States Bank ; and to over- come any objections he might have the bill was carefully prepared, and studiously contrived to avoid the President's objec- tions, and save his consistency — a point upon which he was exceedingly sensitive. 42 AMERICAN POLITICS. [book I. The democratic members resisted strenu- ously, in order to make the measure odious, but successful resistance was impossible. It passed both houses by a close vote ; and contrary to all expectation the President disapproved the act, but with such expres- sions of readiness to approve another bill which should be free from the objections which he named, as still to keep his party together, and to prevent the resignation of his cabinet. In his veto message the President fell back upon his early opinions against the constitutionality of a national bank, so often and so publicly expressed. The veto caused consternation among the whig members ; and Mr. Clay openly gave expression to his dissatisfaction, in the debate on the veto message, in terms to assert that President T\der had violated his faith to the whig party, and had been led off from them by new associations. He said : " And why should not President Tyler have suffered the bill to become a law without his signature? Without meaning the slightest possible disrespect to him (nothing is further from my heart than the exhibition of any such feeling towards that distinguished citizen, long my per- sonal friend], it cannot be forgotten that he came into his present office under ])eculiar circumstances. The people did not foresee the contingency which has happened. They voted for him as Vice President. They did not, therefore, scrutinize his opinions with the care which they probably ought to have done, and would have done, if they could have looked into futurity. If the present state of the fact could have been anticipated — if at Harrisburg, or at the polls, it had been foreseen that General Harrison would die in one short month after the commencement of his administra- tion ; so that Vice President Tyler would be elevated to the presidential chair ; that a bill passed by decisive majorities of the first whig Congress, chartering a national bank, would be presented for his sanction ; and that he would veto the bill, do 1 hazard anything when I express the con- viction that lie would not have received a solitary vote in the nominating convention, nor one solitary electoral vote in any State in the Union?" The vote was taken on the bill over again, as required by the constitution, and so far from receiving a two-thirds vote, it received only a ]:)are majority, and was re- turned to the House with a message stating his objections to it, wliere it gave rise to some violent speaking, more directed to the pcrsoiud conduct of the President than to the ol)jections to the bill stated in his message. Tiie veto was sustained ; and so ended tlie .seeoiid attempt to resuscitate the old United States Bank under a new name. This second movement to estal>lish tiie bank has a secret history. It almost caused the establishment of a new party, wnth Mr. Tyler as its head ; earnest efforts having been made in that behalf by many promi- nent Whigs and Democrats. The entire cabinet, with the exception of Mr. Webster, resigned within a few days after the second veto. It was a natural thing for them to do, and was not unexpected. Indeed Mr. Webster had resolved to tender his resigna- tion also, but on reconsideration determined to remain and publish his reasons there- for in a letter to the National Intelligencer, in the following words : " Lest any misapprehension should ex- ist, as to the reasons which led me to differ from the course pursued by my late col- leagues, I wish to say that I remain in my place, first, because I have seen no sufficient reasons for the dissolution of the late Cabi- net, by the voluntary act of its own mem- bers. I am perfectly persuaded of the ab- solute necessity of an institution, under the * authority of Congress, to aid revenue and financial operations, and to give the country the blessings of a good currency and cheap exchanges. Notwithstanding what has passed, I have confidence that the Presi- dent will co-operate with the legislature in overcoming all difficulties in the attain- ment of these objects ; and it is to the union of the Whig party — by which I mean the whole party, the Whig President, the Whig Congress, and the Whig people — that I look for a realization of our wishes. I can look nowhere else. In the second place if I had seen reasons to resign my office, I should not have done so, without giving the President reasonable notice, and affording him time to select the hands to which he should confide the delicate and important affairs now pending in this de- partment." The conduct of the President in the matter of the vetoes of the two bank bills produced revolt against him in the party ; and the Whigs of the two Houses of Con- gress held several formal meetings to con- sider what they should do in the new con- dition of afi'airs. An address to the people of the United States was resolved upon. The rejection of the bank bill gave great vexation to one side, and equal exultation to the other. The sulyect was not per- mitted to rest, however ; a national bank waa the life — the vital ])rinciplc — of the Whig party, without which it could not live as a party ; it was the jxjwer which was to give them power and the political and financial control of the Union. A second attempt was made, four days after the veto, to accomplish the end by amend- ments to a bill relating to the currency, which had been introduced early in the session. Mr. Sargeant of Pennsylvania, moved to strike out all after the enacting clause, and insert his amendments, which were substantially the same as the vetoed BOOK I.] THE SECOND BANK BILL. 43 bill, except clianginj^ the amount of capi- tal and j)rohibiting discounts on notes other tlian bills of exchange. The bill was pushed to a vote witli astonishing rapidity, and passed by a decided majority. In the Senate the bill went to a select committee which reported it back without alteration, as had been foreseen, the committee consist- ing entirely of friends of the measure; and there was a majority for it on final passage. Concurred in by the Senate without alter- ation, it was returned to the House, and thence referred to the President for his approval or disapproval. It was disap- proved and it was promulgated in language intended to mean a repudiation of tlie President, a permanent separation of the Whig party from him, and to wash their hands of all accountability for his acts. An opening paragraph of the address set forth that, for twelve years the Whigs had carried on a contest for the regulation of the currency, the equalization of exchanges, the economical administration of the finan- ces, and the advancement of industry — all to be accomplished by means of a national bank — declaring these objects to be mis- understood by no one and the bank itself held to be secured in the Presidential elec- tion, and its establishment the main object of the extra session. The address then J)roceed3 to state how these plans were i'ustrated : " It is with profound and poignant regret that we find ourselves called upon to in- voke your attention to this point. Upon the great and leading measure touching this question, our anxious endeavors to respond to the earnest prayers of the nation have been frustrated by an act as unlocked for as it is to be lamented. We grieve to say to you that by the exercise of that power in the constitution which has ever been regarded with suspicion, and often with odium, by the people — a power which we had hoped was never to be ex- hibited on this subject, by a Whig Presi- dent — we have been defeated in two at- tempts to create a fiscal agent, which the wants of the country had demonstrated to us, in the most absolute form of proof to be eminently necessary and proper in the present emergency. Twice have we with the utmost diligence and deliberation matured a plan for the collection, safe- keeping and disbursing of the public moneys through the agency of a corpora- tion adapted to that end, and twice has it been our fate to encounter the opposition of the President, through the application of the veto power. * * * We are con- strained to say that we find no ground to justify us in the conviction that the veto of the President has been interposed on this question solely upon conscientious and well-considered opinions of constitutional scruple as to his duty in the case presented. On the contrary, too many proofs have beea fjrced upon our observation to leave us free from the apprehension that the Presi- dent has permitted himself to be beguiled into an opinion that by this exhibition of his prerogative he might be able to divert the policy of his administration into a channel which should lead to new political combinations, and accomplish results which must overthrow the present divisions of party in the country; and finally produce a state of things which those who elected him, at least, have never contemplated. * * * * * * In this state of things, the Whigs will naturally look with anxiety to the future, and inquire what are the actual relations between the President and those who brought him into power ; and what, in the opinion of their friends in Congress, should be their course hereafter. * * * The President by his withdrawal of confi- dence from his real friends in Congress and from the members of his cabinet ; by his bestowal of it upon others notwith- standing their notorious opposition to lead- ing measures of his administrations has voluntarily separated himself from those by whose exertions and suffrage he was elevated to that ofiice through which he has reached his present exalted station. * * * * The consequence is, that those who brought the President into power can be no longer, in any manner or degree, justly held responsible or blamed for the administration of the executive branch of the government; and the President and his advisers should be exclusively here- after deemed accountable. * * * The conduct of the President 'has occasioned bitter mortification and deep regret. Shall the party, therefore, yielding to sentiments of despair, abandon its duty, and submit to defeat and disgrace ? Far from sufler- ing such dishonorable consequences, the very disappointment which it has unfor- tunately experienced should serve only to redouble its exertions, and to inspire it with fresh courage to persevere with a spirit unsubdued and a resolution unshak- en, until the prosperity of the country is fully re-established, and its liberties firmly secured against all danger from the abuses, encroachments or usurpations of the ex- ecutive department of the government.'' This was the manifesto, so far as it con- cerns the repudiation of President TS'ler, which Whig members of Congress put forth: it was answered (under the name of an address to his constituents) by Mr. Gushing, in a counter special plea — coun- ter to it on all points — especially on the main question of which party the Presi- dent was to belong to; the manifesto of the Whigs a.ssigning him to the de- mocracy — the address of Mr. Cushing, claiming him for the Whigs. It was es- 44 AMERICAN POLITICS. [book I. pecially severe on Mr. Clay, as setting up a caucus dictatorship to coerce the Presi- dent; and charged that the address em- anated from this caucus, and did not embody or represent the sentiments of all Whig leaders ; and referred to Mr. AVebstcr's let- ter, and his remaining in the cabinet as proof of this. Put it was without avail against the concurrent statements of the retiring senators, and the confirmatory statements of many members of Congress. The Whig party recoiled from the Presi- dent, and instead of the unity predicted by Mr. Webster, there was diversity and wide- spread dissension. The Whig party re- mained with Mr. Clay ; Mr. Webster re- tired, Mr. Gushing was sent on a foreign mission, and the President, seeking to en- ter the democratic ranks, was refused by them, and left to seek consolation in pri- vacy, for his political errors and omissions. The extra session, called by President Harrison, held under Mr. Tyler, domi- nated by Mr. Clay, commenced May 31, and ended Sept. 13, 1841 — and was replete with disappointed calculations, and nearly barren of permanent results. The pur- poses for which it was called into being, failed. The first annual message of Presi- dent Tyler, at the opening of the regular session in December, 1841, coming in so soon after the termination of the extra ses- sion, was brief and meagre of topics, with few points of interest. In the month of March, 1842, Mr. Henry Clay resigned his place in the Senate, and delivered a valedictory address to that body. He had intended this step upon the close of the previous presidential cam- paign, but had' postponed it to take per- sonal charge of the several measures which ■would be brought before Congress at the special session — the calling of which he foresaw would be necessary. He resigned not on account of age, or infirmity, or dis- inclination for public life ; but out of dis- gust — profound and inextinguishable. He had been basely defeated for the Presi- dential nomination, against the wishes of the W^liig party, of which he was the ac- knowledged head — he had seen his leading mea-suros vetoed by the President whom his party had elected — the downfall of the Bank for whicli he had .so often pledged himself — and the insolent attacks of the petty adherents of the administration in the two Houses : all these causes acting on his proud and lofty spirit, induced this withdrawal frf)m public life for which he was so well fitted. The address opened with a retrospect of his early entrance into the Senate, and a grand encomium upon its powers and dig- nity as he had found it, and left it. Mem- ory went back (o that early year, IHOO, when just past thirty years of age, he en- tered the United States Senate, and com- menced his high career — a wade and lumi- nous horizon before him, and will and talent to fill it. He said : " From the year 1806, the period of my entering upon this noble theatre of my public service, with but short intervals, down to the present time, I have been engaged in the service of my country. Of the nature and value of those services which I may have ren- dered during my long career of public life, it does not become me to sj^eak. History, if she deigns to notice me, and posterity — if a recollection of any humble service which I may have rendered, shall be transmitted to posterity — will be the best, truest, and most impartial judges; and to them I defer for a decision upon their value. But, upon one subject, I may be allowed to speak. As to my 2>ublic acts and public conduct, they are for the judg- ment of my fellow citizens; but my private motives of action — that which prompted me to take the part which I may have done, upon great measures during their progress in the national councils, can be known only to the Great Searcher of the human heart and myself; and I trust I shall be pardoned for repeating again a declaration Avhich I made thirty years ago : that whatever error I may have committed — and doubtless I have committed many during my public service — I may appeal to the Divine Searcher of hearts for the truth of the declaration which I now make, with pride and confidence, that I have been actuated by no personal motives — that I have sought no personal aggrandize- ment — no promotion from the advocacy of those various measures on which I have been called to act — that I have had an eye, a single eye, a heart, a single heart, ever devoted to what appeared to be the best interests of the country." Mr. Clay led a great party, and for a long time, whether he dictated to it or not, and kept it well bound together, without the usual means of forming and leading parties. It was surprising that, without power and patronage, he was able so long and so undividedly to keep so great a party; together, and lead it so unresistingly. He had great talents, but not equal to some whom he led. He had eloquence — superior in popular effect, but not equal in high oratory to that of some others. But his temperament was fervid, his will was strong, and his courage daring ; and these (jualities, added to his talents, gave him tlie lead and supremacy in his ]>arty, where he was always dominant. The farewell address made a deep impression upon the Senators present ; and after its close, Mr. l^reston brought the ceremony to a conclu- sion, by moving an adjournment, which was agreed to. Again at this session was the subject of the tariff considered, but this time, as a BOOK I.] WHIGS AND DEMOCRATS. 45 matter of absolute necessity, to provide aj revenue. Never before were the coffers ' and the credit of the treasury at so low an , ebb. A deficit of fourteen millions in the treasury — a total inability to borrow, I either at home or abroad, the amount of the loan of twelve millions authorized the year before — the treasury notes below par, and the revenues from imports inadequate and decreasing. I The comi)romise act of 1833 in reducing the duties gradually through nine years, to a fixed low rate ; the act of 1837 in dis- tributing the surplus revenue ; and the continual and continued distribution of the land revenue, had brought about this condition of things. The remedy was sought in a bill increasing the taritf, and suspending the hind revenue distribution. Two such bills were passed in a single month, and both vetoed by the President. It was now near the end of August. Con- gress had been in session for an unpre- cedentedly long time. Adjournment could not be deterred, and could not take place without providing for the Treasury. The compromise act and the land distribution were the stumbling-blocks: it was resolved to sacrifice them together; and a bill was introduced raising the duties above the fixed rate of twenty per cent., and that breach of the mutual assurance in relation to the compromise, immediately in terms of the assurance, suspended the land revenue distribution — to continue it sus- f)ended while duties above the compromise imit continued to be levied. And as that has been the case ever since, the distribu- tion of the land revenue has been sus- pended ever since. The bill was passed, and approved by the President, and Con- gress thereupon adjourned. The subject of the navy was also under consideration at this session. The naval policy of the United States was a question of party division from the origin of parties in the early years of the government — the Federal party favoring a strong and splendid navy, the Republican a moderate establishment, adapted to the purposes of defense more than of offense. And this line of division has continued. Under the Whig regime the policy for a great navy developed itself. The Secretary of the Navy recommended a large increase of ships, seamen and officers, involving a heavy expense, though the government w;\s not in a condition to warrant any such expenditure, and no emergency required an increase in that branch" of the public service. The vote was taken upon the in- crease proposed by the Secretary of the Navy, and recommended by the President; and it was carried, the yeas and nays being well defined by the party line. The first session of the twenty-eighth Congress, which convened December 1843, exhibited in its political complexion, se- rious losses in the Whig following. The Democratic candidate for Speaker of the House of Representatives, was elected over the Whig candidate — the vote standing 128 to 59. Thus an adverse majority of more than two to one was the result to the Wiiig party at the first election after the extra session of 1841. The President's message referred to the treaty which had lately been concluded with (jreat Britain relative to the northwestern territory ex- tending to the Columbia river, including Oregon and settling the boundary lines ; and also to a pending treaty with Texas for her annexation to the United States ; and concluded with a recommendation for the establishment of a pa])er currency to be issued and controlled by the Federal_ government. For more than a year before the meeting of the Democratic Presidential Conven- tion in Baltimore, in May 1844, it^jvaa evident to leading Democra ^^'f ^]m\i V-^J^i^^ Van Buren was the choice of the party. To overcome this popular current and turn the tide in favor of Mr. Calhoun, who desired the nomination, resort was had to the landing question oTlTie"aunexation of Texas. Mr. Van Buren was known to be againstjt, ancFjMrT'C atlltnra ' 'for it. To gaiii lime, the meeting of tlie~"conventioa was postponed from December previous, which had been the usual time for holding such elections, until the following May. The convention met, and consisted of two hundred and sixty-six delegates, a decided majority of whom were for Mr. v an Buren, and cast their votes accordingly on the first ballot. But a chairman had been selected, who was adverse to his nomination ; and aided by a rule adopted by the convention, which required a concurrence of two-thirds to effect a nomination, the opponents of Mr. Van Buren were able to accomplish his defeat. Mr. Calhoun had, before the meeting of the convention, made known his determination, in a public address, not to suffer his name to go before that a.s- semblage as a candidate for the ]iresidency, and stated his reasons for so doing, which were founded mainly on the manner in which the convention was constituted ; his objections being to the mode of choosing delegates, and the manner of their giving in their votes — he contending for district elections, and the delegates to vote indi- vidually. South Carolina was not rejire- sented in the convention. After the first ballot Mr. Van Buren's vote sensibly de- creased, until fimilly, Mr. James K. Polk, who was a candidate for the Vice Presi- dency, was brought forward and nominated unanimously for the chief oftice. Mr. Geo. M. Dallas was chosen as his colleague for the Vice Presidency. The nominati'jn of these gentlemen, neither of whom had _-J 46 AMERICAN POLITICS, [book I. been mentioned until late in the proceed- 1 the dissolution o f the Union if the reje c- ings of the convention, for the offices for t T^l Of the •annexation should be~ perse- •which they were finally nominated, was n yp^'^ri m Kpapnngjvp resolutions were genuine surprise to the country. No 1 adopted in several States, and meetings voice in favor of it had been heard ; and ' held. The opposition manifested, brought no visible sign in the political horizon had announced it. ^casto' The Whig convention nominated Henry Clay, for President ; and Theodore Fre- linghuysen for Vice-President. The main issues in the election which ensued, were mainly the party ones of Whig and Democrat, modified by the tqriffnnfl T^vn,^ questious. It resulted in the choice of the DemocraBc candidates, who receive d 1 70 electoral votes as against IU5 ior ?Iieir opponents] tEe~ popular ~~m^ority fo ~ opponents] the Ii©Biacxats_h£iiigj38^, .aJUTnl Y^^Pi^Q*' ?/*^i^4108 Mr.' Clay re- ceive d a la rger popular vote than had been gi yen a t _TFe~pfeyTmis— election ^OT' the Whig citncttrhrt^p-sho-iring-jthat he would ha ve been elected had he then been the nominee pf jiis p^ rtyTthpngh the popular vote at this election'was largely increased over that of 1840. 1^ is conceded th at the 36 electoral votes of JS'ew Vork bTaRi |;aV6' Hf'inpy of Mr. Silas pan mentioned lofthe Wriidit. who had -bean m pntionei viceTpresidcntial nomination in connection /withJTr. Van Biireh, but'wlRr^clined it (after the sacrifice of his friend and col- league; and resigning his seat in the JSenate, became a candidate for Governor /I of New York. The election being held at I the same time as that for president, his ' j name and popularity brought to the presi- I dential ticket more than enough votes to I make the majority that gave the electoral .^-•t^vote of the State to the Democrats. "P reside nt Tyler's annual and last mes- sa ye V) ( onLTi'rJ-J. Ill DiTi'ill^er J»-t4. con- J unqualified admission of the State "uf?r~i'!!k ili^l iliat f)t' tne prey jous vear)^ "^ ■"' ''' ^ '" ' '" ^"' _an elab orate paragraph~oh" tSe~~suhjcct of Dorute paragrapn on tne suhjcc nnd ^l(?xi(•o; the idea' being Jhe. Ilninny.aad J|ip n>^^mnp, which assem- bled for its lirst session in December, 1S47, was found, so far as respects the House of Representatives, to be politically adverse to the administration. The Whigs were in the majority, nnd elected the Speaker; Robert C. Winthrop, of Massachusetts, being chosen. The President's message contained a full report of the progress of the war with Mexico; the success of the American arms in that conflict; the vic- tory of Cerro Gordo, and the capture of the City of Mexico ; and that negotiations were then pending for a treaty of peace. The message concluded with a reference to the excellent results from the indepen- dent treasury system. The war with Mexico was ended by the signing of a treaty of peace, in February, 1848, by the terms of which New Mexico and Upper California were ceded to the United States, and the lower Rio Grande, from its mouth to El Paso, taken for the boundary of Texas. For the territory thus acquired, the United States agreed to i)ay to Mexico the sum of fifteen million dol- lars, in five annual installments; and be- sides that, assumed the claims of Ameri- can citizens against Mexico, limited to three and a quarter million dollars, out of and on account of which claims the war ostensibly originated. The victories achiev- ed by the American commanders. Generals Zachary Taylor and Winfield Scott, during that war, won for them national reputa- tions, by means of which they were brought prominently forward for the Presidential succession. The question of the power of Congress to legislate on the subject of slavery in the Territories, was again raised, at this session, on the bill for the establishment of the Oregon territorial government. An amend- ment was offered to insert a provision for the extension of the Missouri compromise line to the Pacific Ocean; which line thus extended w;is intended by the amendment to be permanent, and to apply to all future territories established in the West. This amendment was lost, but the bill wiia finally passed with an amendment incorporating into it the anti-slavery clause of the ordi- nance of 1787. Mr. Calhoun, in the Sen- ate, declared that the exclusion of .slavery from any territory was a suljversion of the Union ; openly proclaimed the strife be- tween the North and South to be ended, and the separation of the States a,ccom- jdished. His speech wa.s an ojjcn invoca- tion to disunion, and from that time forth, the efforts were regular to obtain a meet- ing of the members from the slave Slates, to unite in a call for a convention of the slave States to redress themselves. He said: " The great .strife between the North and the South is ended. The North is determined to exclude the property of the slaveholder, and, of course, the slaveholder himself, from its territory. On this jjoint there seems to be no division in the North. In the South, he regretted to say, there was some division of sentiment. The effect of this determination of the North was to convert all the Southern j)Opulation into slaves ; and he would never consent to entail that disgrace on his j^osterity. He denounced any Southern man who would not take the same course. Gentle- men were greatly mistaken if they sup- posed the Presidential question in the South would override this more important one. The separation of the North and the South is completed. The South has now a most solemn obligation to perform — to herself — to the constitution — to the Union. She is bound to come to a decision not to permit this to go on any further, but to show that, dearly as she prizes the Union, there are questions which she regards as of greater importance than the Union. This is not a question of territorial govern- ment, but a question involving the con- tinuance of the Union." The President, in approving the Oregon bill, took occa- sion to send in a special message, point- ing out the danger to the Union from the progress of the slavery agitation, and urged an adherence to the j^rinciplcs of the ordi- nance of 1787 — the terms of the Missouri compromise of 1820 — as also thot involved and declared in the Texas case in 1845, as the means of averting that danger. The Presidential election of 1848 was coming on. The Democratic convention met in Baltimore in May of that year; each State being represented in the con- vention by the number of delegates equal to the number of electoral votes it was en- titled to; saving only New York, which sent two sets of delegates, and both were excluded. The delegates were, for the most ]iart, members of Congress and office- holders. The two-thirds rule, adopted by the previous convention, was again made a law of the convention. The main ques- tion which arose upon the formation of the platform fur the campaign, was the 50 AMERICAN POLITICS. [book I. doctrine advanced by the Southern mem- bers of non-interference with slavery in the States or in the Territories. The can- didates of the party were, Lewis Cass, of Michigan, for President, and General Wm. O. Butler, of Kentucky, for Vice-Presi- dent. The Whig convention, taking advan- tage of the popularity of Genl. Zachary Taylor, for his military achievements in the' Mexican war, then just ended ; and his consequent availability as a candidate, nominated him for the Presidency, over Mr. Clay, Mr. Webster and General Scott, who were his competitors before the convention. Millard Fillmore was selected as the Vice- presidential candidate. A third convention was held, consisting of the disafiected Democrats from New York who had been excluded from the Baltunore convention. They met at Utica, New York, and nominated Jlartin Van Bnren for President, and Charles Francis Adams for Vice President. The princi- ples of its platform, were, that Congress should abolish slavery wherever it consti- tutionallv had the power to do so — [which was intended to apply to the District of Columbia]— that it should not interfere with it in the slave States — and that it should prohibit it in the Territories. _ This party became known as " Free-soilers," from their doctrines thus enumerated, and their party cry of "free-soil, free-speech, free-labor, free-men." The result of the election, as might have been foreseen, was to lose New York State to the Baltimore candidate, and give it to the whigs, who were triumphant in the reception of 163 electoral votes for their candidates, against 127 for the democrats; and none for ihc free-soilers. The last message of President Polk, in December following, gave him the oppor- tunity to again urge upon Congress the necessity for some measure to quiet the slavery agitation, and he recommended the extension of the Missouri compromise line to the Pacific Ocean, passing through the new Territories of Calilornia and New Mexico, as a fair adjustment, to meet as far as possible the views of all parties. The President referred also to the state of the finances; the excellent condition of the public trcasur>' ; government loans, commanding a high premium ; gold and silver the established currency; and the business interests of the country in a j^ros- perous condition. And this was the state of affairs, only one year after emergency from a foreign war. It would be unfair not to give credit to the President and to Senator Benton and others equally promi- nent and courageous, who at that time had to battle against the hank theory and national paper money currency, as strongly urged and advocated, and to prove even- tually that the money of the Constitution — gold and silver — was the only currency to ensure a successful financial working of the government, and prosperity to the peo- ple. • The new President, General Zachary Taylor, was inaugurated March 4, 1849. The Senate being convened, as usual, in extra session, for the purpose, the Vice President elect, Millard Fillmore, was duly installed ; and the Whig cabinet officers nominated by the President, promptly confirmed. An additional member of the Cabinet was appointed by this administra- tion to preside over the new " Home De- partment " since called the " Interior," created at the previous session of Con- gress. The following December Congress met in regular session — the 31st since the or- ganization of the federal government. The Senate consisted of sixty members, among whom were LIr. Webster, Mr. Cal- houn, and Mr. Clay, who had returned to public life. The House had 230 members; and although the whigs had a small ma- jority, the House was so divided on the slavery question in- its various phases, that the election for Speaker resulted in the choice of the Democratic candidate, Mr. Cobb, of Georgia, by a majority of three votes. The annual message of the President plainly .showed that he compre- hended the dangers to the Union from a continuance of sectional feeling on the slavery question, and he averred his deter- mination to stand by the Union to the full extent of his obligations and powers. At the previous session Congress had .spent six months in endeavoring to frame a sat- isfactoiy bill providing territorial govern- ments for California and New Mexico, and had adjourned finally without accom- plishing it, in consequence of inability to agree upon whether the Missouri compro- mise line should be carried to the ocean, or the territories be permitted to remain as they were — slavery prohibited under the laws of Mexico. Mr. Calhoun brought forward, in the debate, a new doctrine — extending the Constitution to the territory, and arguing that as that instrument recog- nized the existence of slavery, the settlers in such territory should be permitted to hold their slave proi)erty taken there, and be protected. ]Mr. AVcbster's answer to this w.as that the Constitution Avas made for States, not territories ; that it cannot operate anywhere, not even in the States for which it was made, without acts of Congress to enforce it. The proposed ex- tension of the constitution to territories, with a view to its transportation of slavery along with it, was futile and nugatory,' without the act of Congress to vitalize slavery under it. The early part of the vcar had witnessed ominous movements — BOOK I.] MR. CLAY'S COMPROMISE RESOLUTIONS. 51 nightly meetings of large numbers of mem- bers from the slave States, led l)y Mr. Calhoun, to consider the state of things between the North and the South. They appointed committees who prepared an address to the people. It was in this con- dition of things, that President Taylor ex- pressed his opinion, in his message, of the remedies required. California, New Mexico and Utah, had been left without governments. For California, he recom- mended that having a suflicient jiopula- tion and having framed a constitution, she be admitted as a State into the Union ; and for New I\fexico and Utah, without mixing the slavery question with their territorial governments, they be left to ripen into States, and settle the slavery question for themselves in their State con- stitutions. With a view to meet the wishes of all parties, and arrive at some definite and permanent adjustment of the slavery ques- tion, Mr: Clay early in the session in- troduced compromise resolutions which were practically a tacking together of the several bills then on the calendar, provid- ing for the admission of California — the territorial government for Utah and New- Mexico — the settlement of the Texas boun- dary — slavery in the District of Columlna — and for a fugitive slave law. It was seriously and earnestly opposed by many, as being a concession to the spirit of dis- union — a capitulation under threat of se- cession ; and as likely to become the source of more contentions than it proposed to quiet. The resolutions were referred to a special committee, who promptly reported a bill embracing the comprehensive plan of com- promise which Mr. Clay proposed. Among the resolutions offered, was the following : " Resolved, that as slavery does not exist by law and is not likely to be introduced into any of the territory acquired by the United States from the Republic of Mexi- co, it is inexpedient for Congress to pro- vide by law either for its introduction into or exclusion from any part of the said ter- ritory ; and that appropriate territorial governments ought to be established by Congress in all of the said territory, and assigned as the boundaries of the proposed State of California, without the adoption of any restriction or condition on the sub- i'eet of slavery." Mr. Jefferson Davis of Mississippi, objected that the measure gave nothing to the South in the settlement of the question ; and he required the exten- sion of the Missouri compromise line to the Pacific Ocean as the least that he would be willing to take, with the specific recognition of the right to hold slaves in the territory below that line; and that, be- fore such territories are admitted into the Union as States, slaves may be taken there from any of the United States at the option of their owner. Mr. Clay in reply, said : " Coming from a slave State, as I do, I owe it to myself, I owe it to truth, I owe it to the subject, to say that no earthly power could induce me to vote for a specific measure for the in- troduction of slavery where it had not be- fore existed, either south or north of that line. *• * * If the citizens of those territories choose to establish slavery, and if they come here with constitutions es- tablishing slavery, I am for admitting them with such provisions in their consti- tutions; but then it will be their own work, and not ours, and their j)osterity will have to reproach tlimn, and not us, for forming constitutions allowing the institu- tion of slavery to exist among them." Mr. Seward of New York, proposed a renewal of the Wilmot Proviso, in the fol- lowing resolution: "Neither slavery nor involuntary servitude, otherwise than by conviction for crime, shall ever be allowed in either of said territories of Utah and New Mexico ; " but his resolution was re- jected in the Senate by a vote of 23 yeas to oo na}-B. Following this, Mr. Calhoun had read for him in the Senate, by his friend James M. Mason of Virginia, his last -speech. It embodied the points cov- ered by the address to the people, pre- pared by him the previous year ; the prob- ability of a dissolution of the Union, and presenting a case to justify it. The tenor of the speech is shown by the following ex- tracts from it: "I have, Senators, believed from the first, that the agitation of the sub- ject of slavery would, if not prevented by some timely and effective measure, end in disunion. Entertaining this opinion, I have, on all proper occasions, endeavored to call the attention of each of the two great parties which divide the country to adopt some measure to prevent so great a disas- ter, but without success. The agitation has been jiermitted to proceed, with almost no attempt to resist it, until it has reached a period when it can no longer be disguised or denied that the Union is in danger. You have had forced upon you the great- est and gravest question that can ever come under your consideration : How can the Union be preserved ?***** Instead of being weaker, all the elements in favor of agitation are stronger now than they were in 1835, when it first commenced, while all the elements of influence on the part of the South are weaker. T'^nless something decisive is done, I again ask what is to stop this agitation, before the great and final object at which it aims— - the abolition of slavery in the States — is consummated ? Is it, then, not certain that if something decisive is not now done to arrest it, the South will be forced to choose between abolition and secession ? Indeed 52 AMERICAN POLITICS. [book I. as events are now moving, it Tvill not re- quire the South to secede to dissolve tlie Union. * * * *■ If the agitation goes on, nothing will be left to hold the States together except force." He answered the question. How can the Union be saved? with which his speech opened, by suggest- ing. " To provide for the insertion of a provision in the constitution, by an amend- ment, which will restore to the South in substance the power she possessed of pro- tecting herself, before the equilibrium be- tween the sections was destroyed by the action of the government." He did not state of what the amendment should con- sist, but later on, it was ascertained from reliable sources that his idea was a dual executive — one President from the free, and one from the slave States, the consent of both of Avhom should be required to all acts of Congress before they become laws. This speech of Mr. Calhoun's, is import- ant as explaining many of his previous ac- tions ; and as furnishing a guide to those who ten years afterwards attempted to carry out practically the suggestions thrown out by him. Mr. Clay's compromise bill was rejected. It was evident that no compromise of any kind whatever on the subject of slavery, under any one of its aspects separately, much less under all put together, could possibly be made. There was no spirit of concession manifested. The numerous measures put together in Mr. Clay's bill were disconnected and separated. Each measure received a separate and inde- pendent consideration, and with a result which showed the injustice of the at- tempted conjunction ; for no two of them were passed by the same vote, even of the members of the committee which had even unanimously reported favorably upon them as a whole. Mr. Calhoun died in the spring of 1850; before the separate bill for the admission of California was taken up. His death took place at Washington, he having reached the age of (>8 years. A eulogy upon him was delivered in the Senate by his colleague, Mr. Butler, of South Caro- lina. Mr. Calhoun v»"as the first great ad- vocate of the doctrine of secession. He was the autlior of the nullification doc- trine, and an advocate of the extreme doc- trine of States Kights. He was an elo- ?uent speaker — a man of strong intellect, lis speeches were j)lain, strong, concise, sometimes impassioned, and always severe. Daniel Webster said of liim, that " he had the basis, the in(lispens;il)le basis of all high ciiaracters, and that was unspotted integrity, unimpeached honor and char- acter ! " In .July of this year an event took place which threw a gloom over the country. The I'reaideut, General Taylor, contracted a fever from exposure to the hot sun at a cele- bration of Independence Day, from which he died four days afterwards. He was a man of irreproachable private character, undoubted patriotism, and established re- putation for judgment and firmness. His brief career showed no deficiency of poli- tical wisdom nor want of political training. His administration was beset with difficul- ties, with momentous questions pending, and he met the crisis with firmness and determination, resolved to maintain the Federal Union at all hazards. His first and only annual message, the leading points of which have been stated, evinces a spirit to do what was right among all the States. His death was a public calamity. No man could have been more devoted to the Union nor more opposed to the slavery agitation ; and his position as a Southern man and a slaveholder — his military repu- tation, and his election by a majority of the people as well as of the States, would have given him a power in the settlement of the pending questions of the day which no President without these qualifications could have possessed. In accordance with the Constitution, the office of President thus devolved upon the Vice-President, Mr. Millard Fillmore, who was duly inaugurated July 10, 1850. The new cabinet, with Daniel Webster as Se- cretary of State, was duly appointed and confirmed by the Senate. The bill for the admission of California as a State in the Union, was called up in the Senate and sought to be amended by extending the Missouri Compromise line through it, to the Pacific Ocean, so as to authorize slavery in the State below that line. The amendment was introduced and pressed by Southern friends of the late Mr. Calhoun, and made a test question. It was lost, and the bill passed by a two- third vote ; whereupon ten Southern Sena- tors offijred a written protest, the conclud- ing clause of which was : '* We dissent from this bill, and solemnly protest against its passage, because in sanctioning mea- sures so contrary to former precedents, to obvious policy, to the s])irit and intent of the constitution of the United States, for the purpose of excluding the slaveholding States from the territory thus to be erected into a State, this government in eflect de- clares that the exclusion of slavery from the territory of the United States is an ob- ject so high and important as to justify a disregard not only ol' all the principles of sound policy, but also of the constitution itself. Against this conclusion we must now and for ever protest, as ii; is destruc- tive of the safety and liberties of thoso whose riglits have been committed to our care, fiital to the ])eace and equality of the States which we represent, and must lead, if persisted in, to the dissolution of that BOOEi.J RISE AND PROGRESS OF ABOLITION PARTY. 53 confederacy, in which the shiveholding States have never sought more than equality, anJ in which they will not be content to remain with less." On objec- tion being made, followed by debate, the Senate refused to receive the pnjtest, or permit it to be entered on the Journal. The bill went to the House of Representa- tives, was readily passed, and ])romptly approved by the President. Thus was virtually accomplished the abrogation of the Missouri compromise line ; and the ex- tensi(m or non-extension of slavery was then made to form a foundation for future political parties. The year 1850 was prolific with disunion movements in the Southern States. The Senators who had joined with Mr. Calhoun in the address to the people, in 1849, united with their adherents in establishing at Washington a newspaper entitled "The Southern Press^" devoted to the agitation of the slavery question ; to presenting the advantages of disunion, and the organi- zation of a confederacy of Southern States to be called the ''United States South." Its constant aim was to influence the South against the North, and advoca- ted concert of action by the States of the former section. It was aided in its efforts by newspapers jmblished in the South, more especially in South Carolina and Mississippi. A disunion convention was actually held, in Nashville, Tennessee, and invited the assembly of a Southern Con- gress. Two States, South Carolina and Mississippi responded to the appeal ; passed laws to carry it into effect, and the former went so far as to elect its quota of Representatives to the pro2)Oscd new Southern Congress. These occurrences are referred to as showing the spirit that prevailed, and the extraordinary and un- justifiable means used by the leaders to mislead and exasperate the people. The assembling of a Southern " Congress " was a turning point in the progress of disunion. Georgia refused to join ; and her weight as a great Southern State was sufficient to cause the failure of the scheme. But the seeds of discord were sown, and had taken root, only to spring up at a future time when circumstances should be more favorable to the accomplishment of the object. Although the Congress of the United States had in 1790 and again in 1836 formally declared the policy of the govern- ment to be non-interference with the States in respect to the matter of slavery within the limits of the respective States, the sub- ject continued to be agitated in conse- quence of petitions to Congress to abolish slavery in the District of Columbia, which was under the exclusive control of the fed- eral government; and of movements throughout the United States to limit, and finally abolish it. The subject first made its appearance in national politics in 1840, when a jjresidential ticket was nominated by a party then formed favoring the abolition of slavery; it had a very slight following which was increased ten-fold at the elec- tion of 1844 when the same party again ]Hit a ticket in the field with James G. Birney of Michigan, as its candidate for the Presidency; who received G2, 140 votes. The efforts of the leaders of that faction were continued, and persisted in to such an extent, that when in 1848 it nominated a ticket with Gerritt Smith for President, against the Democratic candidate, Martin Van Buren, the former received 296,232 votes. In the presidential contest of 1852 the abolition party again nominated a ticket, with John P. Hale as its candidate for President, and polled 157,926 votes. This large following was increased from time to time, until uniting with a new party then formed, called the Republican party, which latter adopted a platform en- dorsing the views and sentiments of the abolitionists, the great and decisive battle for the principles involved, Avas fought in the ensuing presidential contest of 1856 ; when the candidate of the Republican party, John C. Fremont, supported by the entire abolition party, polled 1,341,812 votes. The first national platform of the Abolition party, upon which it went into the contest of 1840, favored the abolition of slavery in the District of Columbia and Territories; the inter-state slave trade, and a general opposition to slavery to the full extent of constitutional power. Following the discussion of the subject of slaver}', in the Senate and House of Repre- sentatives, brought about by the presenta- tion of petitions and memorials, and the passage of the resolutions in 1836 rejecting such petitions, the question was again raised by the presentation in the House, by Mr. Slade of Vermont, on the 20th December 1837, of two memorials praving the abolition of slavery in the District of Columbia, and moving that they be re- ferred to a select committee. Great excite- ment prevailed in the chamber, and of the many attempts by the Southern members an adjournment was had. The next day a resolution was offered that thereafter all such petitions and memorials touching the abolition of slavery should, when pre- sented, be laid on the table ; which resolu- tion was adopted by a large vote. During the 24th Congress, the Senate pursued the course of laying on the table the motion to receive all abolition petitions ; and both Houses during the 25th Congress continued the same course of conduct; when finally on the 25th of January 1840, the House adopted by a vote of 114 to 108, an amend- ment to the rule>, called the 21st Rule, which provided: — "that no jietition, me- morial or resolution, or other paper, pray- 54 AMERICAN POLITICS. [book ing the abolition of slavery in the District of Columbia, or any state or territory, or the slave-trade between the States or ter- ritories of the United States, in which it now exists, shall be received by this House, or entertained in any way what- ever." This rule was afterwards, on the 3d of December, 1844, rescinded by the House, on motion of Mr. J. Quincy Adams, by a vote of 108 to 80 ; and a motion to re-instate it, on the 1st of December 1845, was rejected by a vote of 84 to 121. "Within five years afterwards — on the 17th September iSSO, — the Congress of the United States enacted a law, which was ap- proved by the President, abolishing slavery in the District of Columbia. On the 25th of February, 1850, there was presented in the House of Representa- tives, two petitions from citizens of Penn- sylvania and Delaware, setting forth that slavery, and the constitution which per- mits it, violates the Divine law; is incon- sistent with republican principles ; that its existence has brought evil upon the country; and that no union can exist with States which tolerate that institution ; and asking that some plan be devised for the immediate, peaceful dissolution of the Union. The House refused to receive and consider the petitions; as did also the Senate when the same petitions were pre- sented the same month. The presidential election of 1852 was the last campaign in which the Whig party appeared in National politics. It nomi- nated a ticket with General Winfield Scott as its candidate for President. His oppo- nent on the Democratic ticket was General Franklin Pierce. A third ticket was placed in the field by the Abolition party, with John P. Hale as its candidate for Presi- dent. The platform and declaration of principles of the Whig party was in sub- stance a ratification and endoi-sement of the several measures embraced in Mr. Clay's compromise resolutions of the pre- vious session of Congress, before referred to ; and the policy of a revenue for the economical administration of the govern- ment, to be derived mainly from duties on imports, and by these means to afford pro- tection to American industry. The main plank of tbe platform of the Abolition j)arty (or Independent Democrats, as tlicy were called) was for the non-extonsion and gradual extinction of s]aver)\ The Demo- cratic party equally adhered to the com- promise mea.sure. The election resulted in the choice of Franklin Pierce, by a popular vote of 1,(10], 474, and 254 electoral votes, against a popular aggregate vote of 1,542,40;{ (of which the abolitionists polled 157,1120) and 42 electoral votes, for the Whig and Abolition candidates. Mr. Pierce was duly inaugurated as President, March 4, 1853. The first political parties in the United States, from the estabilshmeut of the fede- ral government and for many years after- wards, were denominated Federalists and Democrats, or Democratic Republicans. The former was an anti-alien party. The latter was made up to a large extent of naturalized foreigners ; refugees from Eng- land, Ireland and Scotland, driven from home for hostility to the government or for attachment to France. Naturally, aliens sought alliance with the Democratic party, which favored the war against Great Britain. The early party contests were based on the naturalization laws ; the first of which, approved March 26, 1790, re- quired only two years' residence in this country ; a few years afterwards the time was extended to five years ; and in 1798 the Federalists taking advantage of the war fever against France, and then being in power, extended the tipae to fourteen years. (See Alien and Sedition Laws of 1798). Jefl^erson's election and Demo- cratic victory of 1800, brought the period back to five years in 1802, and re-inforced the Democratic party. The city of New York, especially, from time to time became filled with foreigners ; thus naturalized ; brought into the Democratic ranks ; and crowded out native Federalists from con- trol of the city government, and to meet this condition of afl^airs, the first attempt at a Native American organization was made. Beginning in 1835 ; ending in failure in election of Mayor in 1837, it was revived in April, 1844, when the Native American organization carried New York citj' for its Mayoralty candidate by a good majority. The success of the movement there, caused it to spread to New Jersey and Pennsylvania. In Philadelphia, it was desperately opposed by the Democratic, Irish and Roman Catholic element, and so fiiriously, that it resulted in riots, in ^^■hich two Romish Churches Avere burned and destroyed. The adherents of the Ameri- can organization were not confined to Federalists or Whigs, but largely of native Democrats ; and the Whigs openly voted with Democratic Natives in order to secure their vote for Henry Clay for the Presi- dency ; but when in November, 1844, New York and Philadelphia both gave Native majorities, and so sapped the Whig A'ote, that both places gave majorities for the Democratic Presidential electors, the Whigs drew off. In 1845, at the April election in New York, the natives were defeated, and the new party disappeared there. As a result of the autumn election of 1844, the 29th Congress, which organ- ized in December, 1845, had six Native Kepri'sentatives ; four from New York and two from Pennsylvania. In the 30th Con- gress, Pennsylvania had one. Thereafter for some years, with the exceptiou of a BOOK I.] THE KANSAS-NEBRASKA BILL. 55 emiill vote in Pennsylvania and New York, Nativism disappeared. An able writer oi" that day— Hon. A. H. II. Stuart, of Vir- ginia — published under the noni-de-plume of " Madison " several letters in vindication of the American party (revived in 1852,) in which he said : " The vital principle of the American party is Americanism — develop- ing itself in a deep-rooted attachment to our own country — its constituti(jn, its union, and its laws — to American men, and Ameri- can measures, and American interests — or, in other words, a fervent patriotism — which, rejecting the transcendental ])hilan- thropy of abolitionists, and that kindred batch of wild enthusiasts, who would seek to embroil us with foreign countries, in righting the wrongs of Ireland, or Hun- gary, or Cuba — would guard with vestal vigilance American institutions and Ameri- can interests against the baneful eifecta of foreign influence." About 1852, when the question of slavery in the territories, and its extension or its abolition in the States, was agitated and causing sectional differences in the coun- try, many Whigs and Democrats forsook their parties, and took sides on the ques- tions of the day. This was aggravated by the large number of alien naturalized citi- zens constantly added to the ranks of voters, who took sides with the Democrats and against the Whigs. Nativism then re-appeared, but in a new form — that of a secret fraternity. Its real name and ob- jects were not revealed — even to its mem- bers, until they reached a high degree in the order ; and the answer of members on being questioned on these subjects was, " I don't know'" — which gave it the popular name, by which it is yet known, of " Know- nothing." Its moving causes were the growing power and designs of the Roman Catholic Church in America ; the sudden influx of aliens; and the greed and inca- facity of naturalized citizens for office, ts cardinal principle was: "Americans must rule America " ; and its countersign was the order of General Washington on a critical occasion during the war : " Put none but Americans on guard to-night." Its early nominations were not made pub- lic, but were made by select committees and conventions of delegates. At first these nominations were confined to selec- tions of the best Whig or best Democrat on the respective tickets; and the choice not being made known, but quietly voted for by all tlie members of the order, the effect was only visible after election, and threw all calculation into chaos. For a while it was really the arbiter of elections. On Feiiruary 8, 1853, a bill passed the House of Representatives providing a ter- ritorial government for Nebraska, embrac- ing all of what is now Kansas and Nebraska. It was silent on the subject of the repeal of the Missouri Compromise. The bill was tabled in the Senate ; to be revived at the following session. In the Senate it was amended, on motion of Mr. Douglas, to read : " That so much of the 8th section of an act approved March 6, 1820, (the Missouri compromise) * * * which, being inconsistent with the princi- ples of non-intervention by Congress with slavery in the States and Territories, as recognized by the legislature of 1850, com- monly called the Compromise measures, is hereby declared inoperative and void ; it being the true intent and meaning of this act not to legislate slavery into any Territory or State, nor to exclude it there- from, but to leave the people thereof per- fectly free to form and regulate their domestic institutions in their own way, subject only to the Constitution of the United States." It was further amended, on motion of Senator Clayton, to prohibit " alien suffrage." In the House this amendment was not agreed to ; and the bill finally passed without it, on the 25th May, 1854. So far as Nebraska was concerned, no excitement of any kind marked the initia- tion of her territorial existence. The persons who emigrated there seemed to regard the pursuits of business as of more interest than the discussion of slavery. Kansas was less fortunate. Her territory became at once the battle-field of a fierce political conflict between the advocates of slavery, and the free soil men from the North who went there to resist the estab- lishment of that institution in the terri- tory. Differences arose between the Legislature and the Governor, brought about by antagonisms between the Pro- slavery party and the Free State party ; and the condition of affairs in Kansas assumed so frightfiil a mien in January, 1856, that the President sent a special message to Congress on the subject, January 24, 1856 ; followed by a Proclama- tion, February 11, 1856, "warning all un- lawful combinations (in the territory) to retire peaceably to their respective abodes, or he would use the power of the local militia, and the availal)le forces of the United States to disperse them." Several applications were made to Con- gress for several successive j^cars, for the admission of Kansas as a state in the Union ; upon the basis of three separate and distinct constitutions, all differing as to the main questions at issue between the contending factions. The name of Kansas was for some years synonymous with all that is lawless and anarchical. Elections became mere farces, and the officers thus fraudulently placed in power, used their authority only for their own or their party's interest. The jiarty opposed to slavery at length triumphed ; a constitution 56 AMERICAN POLITICS. [book I. excluding slavery was adopted in 1859, and Kansas was admitted into the Union January 29, 18G1. Under the fugitive slave law, which was passed by Congress at the session of 1850, as one of the Compromise measures, intro- duced by ^Ir. Chiy, a long and exciting litigation occurred to test the validity and constitutionality of the act, and the several laws on which it depended. The suit was instituted by Dred Scott, a negro slave, in the Circuit Court of the United States for the District of Missouri, in April Term, 1854, against John F. A. Sanford, his alleged owner, for trespass vi et armis, in holding the plaintift' and his wife and daughters in slavery in said District of Missouri, where by law slavery was pro- hibited ; they having been previously law- liilly held in slaA'eiy by a former owner — Dr. Emerson — in the State of Illinois, from whence they were taken by him to Missouri, and sold to the defendent, San- ford. The case went up on appeal to the Supreme Court of the United States, and was clearly and elaborately argued. The majority opinion, delivered by Chief Jus- tice Taney, as also the dissenting opinions, are reported in lull in Howard's U. S. Supreme Court Reports, Volume 19, page 393. In respect to the territories the Con- stitution grants to Congress the power " to make all needful rules and regulations concerning the territory and other 2'>roperty belonging to the United States,'' The Court was of opinion that the clause of the Constitution applies only to the terri- tory within the original States at the time the Constitution was adopted, and that it did not apply to future territory acquired by treaty or conquest from foreign na- tions. They were also of opinion that the power of Congress over such future terri- torial acquisitions was not unlimited, that the citizens of the States migrating to a territory were not to be regarded as colonists, subject to absolute power in Congress, but as citizens of the United States, with all the riglits of citizenship guarantied by the Constitution, and that no legislation was constitutional Avhich at- tempted to deprive a citizen of his property on his becoming a resident of a territorj'. This question in the case arose under the act of Congress prohiltiting slavery in the territory of upper Louisiana, (acquired from France, afterwards the State), and of which the territory of Missouri was fonned. Any obscurity as to what constitutes citizenship, will be re- moved by attending to the distinction be- tween local rights of citizenship of the United States according to the (Constitu- tion. CitizenHhij) at large in the sense of the Constitution can be conferred on a foreigner only by the naturalization laws of Congress. But each State, in the exer. cise of its local and reserved sovereignty, may place foreigners or other persons on a footing with its own citizens, as to politi- cal rights and privileges to be enjoyed within its own dominion. But State regu- lations of this character do not make the persons on whom such rights are conferred citizens of the LTnited States or entitle them to the privileges and immunities of citizens in another State. See 5 Wheaton, (U. S. Supreme Court Reports), page 49. The Court said in The Dred Scott case, above referred to, that : — " The right of property in a slave is distinctly and ex- pressly affirmed in the Constitution. The right to traffic in it like the ordinary article of merchandise and property was guar- antied to the citizens of the United States, in every State that might desire it for twenty years, and the government in ex- press terms is pledged to protect it in all future time if the slave escapes from his owner. This is done in plain words — too plain to be misunderstood, and no word can be found in the Constitution which gives Congress a greater power over slave property, or which entitles property of that kind to less protection than the prop- erty of any other description. The only power conferred is the power coui)led with the duty of guarding and protecting the owner in his rights. Upon these considera- tions, it is the opinion of the Court that the Act of Congress which prohibited a citizen from holding and owning property of this kind in the territory of the U^nited States north of the line therein mentioned, is not warranted by the Constitution and is therefore void ; and that neither Dred Scott himself, nor any of his family were made free by being carried into this terri- tory ; even it" they had been carried there by the owner with the intention of becom- ing a permanent resident." The ab(/lition of slavery by the 13th amendment to the Constitution of the LTnited States ratified and adopted December 18, 1865, has put an end to these discussions formerly so numerous. As early as 1854, the Kansas-Nebraska controversy on the territorial government bill, resulted in a division of the Whig party in the North. Those not sufliciently o]iposed to slavery to enter the new Rejiub- lican party, then in its inci])iency, allied themselves with the Know-Nothing order, which now accepting the name of Ameri- can party established a seitarate and in- dependent political existence. The jKirty had no hold in the West; it was entirely Middle State at this time, and polled a large vote in Massachusetts, Delaware and New York. In the State elections of 1 855 the American party made a stride South- ward. In 1855, the absence of natural- ized citizens was universal in the South, and even so late as 1881 the proportion of BOOK I.] THE AMERICAN RITUAL. 57 foreiga-born population in the Southern States, with the exception of Florida, Louisiana, and Texas was under two per cent. At the early date — 1855 — the na- tivist feeling among the Whigs of that section, made it easy to transl'er them to the American juirty, which thus secured in both the Eastern and Southern States, the election of (rovernor and Legislature in the States of New Hampshire, Massachu- setts, Rhode Island, Connecticut, New York, California and Kentucky; and also elected part of its State ticket in jNIary- laud, and Texas ; and only lost the States of Virginia, Alabama, Mississippi, Louisi- ana, and Texas, by small majorities against it. The order began preparations for a cam- paign as a National party, in 1856. It aimed to introduce opposition to aliens and Ro- man Catholicism as a national question. On the 21st of February, 1856, the Nation- al Council held a session at Philadelphia, and proceeded to formulate a declaration of principles, and make a platform, which were as follows : " An humble acknowledgement to the Supreme Being, for his protecting care vouchsafed to our fathers in their success- ful Revolutionary struggle, and hitherto manifested to us, their descendants, in the preservation of the liberties, the indepen- dence, and the union of these States. 2d. The perpetuation of the Federal Union, as the palladium of our civil and religious liberties, and the only sure Bul- wark of American independence. 3d. Americans must rule America, and to this end, native-born citizens should be selected for all state, federal, and munici- pal ottices or government employment, in preference to all others ; nevertheless, 4th. Persons born of American par- ents residing temporarily abroad, should be entitled to all the rights of native-born citizens ; but, 5th. No person shall be selected for po- litical station (whether of native or for- eign birth), who recognizes any allegiance or obligation, of any description, to any foreign prince, potentate, or power, or who refuses to recognize the Federal and State constitutions (each within its sphere) as f»aramount to all other laws, as rules of po- itical action. 6th. The unqualified recognition and maintenance of the reserved rights of the several States, and the cultivation of har- mony and fraternal good will, between the citizens of the several States, and to this end, non-interference by congress with questions appertaining solely to the indi- vidual States, and non-intervention by each State with the affairs of any other State. 7th. The recognition of the right of the native-born and naturalized citizens of the United States, permanently residing in any territory thereof, to frame their con- stitution and laws, and to regulate their domestic and social alfairs in their own mode, subject otily to the provisions of the Federal Constitution, with the privilege of admission into the Union, whenever they have the requisite pojiulation for one rep- resentative in Congress. — Provided always, that none but those who are citizens of the United vStates, under the Constitution and laws thereof, and who have a fixed resi- dence in any such territory, ought to par- ticipate in the formation of the Constitu- tion, or in the enactment of laws for said Territory or State. 8th. An enibrrement of the principle that no State or Territory ought to admit others than citizens of the United States to the riiiht of sutl'rage, or of holding politi- cal office. 9th. A change in the laws of naturali- zation, making a continued residence of twenty-one years, of all not hereinbefore provided for, an indispensable requisite for citizenship hereafter, and excluding all paupers, and persons convicted of crime, from landing upon our shores ; but no in- terference with the vested rights of foreign- ers. 10th. Opposition to any union between Church and State ; no interference with re- ligious faith, or worship, and no test oaths for office. 11th. Free and thorough investigation into any and all alleged abuses of public functionaries, and a strict economy in pub- lic expenditures. 12th. The maintenance and enforce- ment of all laws constitutionally enacted, until said laws shall be repealed, or shall be declared null and void by competent judicial authority. The American Ritual, or Constitution, rules, regulations, and ordinances of the Order were as follows : — AMERICAN RITUAL. ConstitxUion of the Nalionnl Council of the United States of North America. Art. 1st. This organization shall be known by the name and title of The National Council of the United States of North America, and its juris- diction and power shall extend to all the states, districts, and territories of the United States of North America. Art. 2d. The object of this organization shall be to protect every American citizen in the legal and proper exercise of all his civil and religious rights and privileges ; to resist the insidious policy of the Church of Rome, and all other foreign infiuence against otir republican institutions in all lawftil ways ; to place in all offices of honor trust, or profit, in the gift of the peojile, or by appointment, none but native-born Protestant citizens, and to protect, preserve, 58 AMERICAN POLITICS. [book I, and uphold the union of these states and the constitution of the same. Art. 3d. Sec. 1. — A person to become a member of any subordinate council must be twenty-one years of age ; lie must be- lieve in the existence of a Supreme Being as the Creator and preserver of the uni- verse. He must be a native-born citizen ; a Protestant, either born of Protestant parents, or reared under Protestant influ- ence ; and not united in marriage with a Roman Catholic ; provided, nevertheless, that in this last respect, the state, district, or territorial councils shall be authorized to so construct their respective constitu- tions as shall best promote the interests of the American cause in their several juris- dictions ; and provided, moreover, that no member who may have a Roman Catholic wife shall be eligible to office in this order ; and provided, further, should any state, district, or territorial council prefer the words " Roman Catholic" as a disquali- fication to membership, in place of " Pro- testant" as a qualification, they may so consider this constitution and govern their action accordingly. Sec. 2. — There shall be an interval of three weeks between the conferring of the first and second degrees ;' and of three months between the conferring of the second and third degrees — provided, that this restriction shall not apply to those who may have received the second degree pre- vious to the first day of December next ; and provided, further, that the presidents of state, district, and territorial councils may grant dispensations for initiating in all the degrees, ofiicers of new councils. Sec. 3. — The national council shall hold its annual meetings on the first Tuesday in the month of June, at such place as may be designated by the national council at tlie previous annual meeting, and it may adjourn from time to time. Special meet- ings may be called by the President, on the written request of five delegations rej)re- senting five state councils; provided, that sixty days' notice shall be given to the state councils previous to said meeting. Sec. 4. — The national council shall be composed of seven delegates from each state, to be chosen by the state councils ; and each district or territory where a dis- trict or territorial council shall exist, shall be entitled to send two delegates, to be chosen from said council — provided that in the nomination of candidates for Presi- dent and Vice President of the United States, and each state sliall be entitled to cast the same numl)er of votes jls they shall have mem])ers in both houses of Congress. In all sessions of the national council, thirty-two delegates, representing thirteen fitates, territories, or districts, shall consti- tute a (juoruni for the transaction of busi- uesa. Sec. 5. — The national council shall be vested with the following powers and privi- leges : It shall be the head of the organization for the United States of North America, and shall fix and establish all signs, gri2:>8, passwords, and such other secret work, as may seem to it necessary. It shall have the power to decide all matters appertaining to national politics. It shall have the power to exact from the state councils, quarterly or annual state- ments as to the number of members under their jurisdictions, and in relation to all other matters necessary for its information. It shall have the power to form state, territorial, or district councils, and to grant dispensations for the formation of such bodies, when five subordinate councils shall have been put in operation in any state, territory, or district, and application made. It shall have the power to determine upon a mode of punishment in case of any dereliction of duty on the part of its mem- bers or officers. It shall have the power to adopt cabal- istic characters for the purpose of writing or telegraphing. Said characters to be communicated to the presidents of the state councils, and by them to the presi- dents of the subordinate councils. It shall have the power to adopt any and every measure it may deem necessary to secure the success of the organization ; provided that nothing shall be done by the said national council in violation of the constitution ; and provided further, that in all political matters, its members may be insti'ucted by the state councils, and if so instructed, shall carry out such instruc- tions of the state councils which they repre- sent until overruled by a majority of the national council. Art. 4. The President shall always preside over the national council when present, and in his absence the Vice President shall preside, and in the absence of both the national council shall appoint a president jiro tempore ; and the presiding officers may at all times call a member to the chair, but such aiipointment shall not extend be- yond one sitting of the national council. Art. 5. Sec. 1. — The officers of the National Council shall be a President,Vice- President, Chaplain, Corresponding Secre- tary, Recording Secretary, Treasurer, and two Sentinels, with such other officers as the national council may see fit to appoint from time to time ; and the secretaries and sentinels may receive such compensation as the national council shall determine. Sec. 2. — The duties of the several officers created by this constitution shall be such as the work of this organization prescribes. Art. 6. Sec. 1. — All officers jirovided for by this constitution, excej)t the sentinels, ehall be elected annually by ballot. The BOOK I.] THE AMERICAN RITUAL. 69 president may appoint sentinels from time to time. Sec. 2. — A majority of all the votes cast shall be requisite to an election for an office. Sec. 3. — All officers and delegates of this council, and of all state, district, territorial, and subordinate councils, must be invested with all the degrees of this order. Sec. 4. — All vacancies in the elective offices shall be filled by a vote of the na- tional council, and only for the unexpired term of the said vacancy. Art. 7. Seel. — The national council shall entertain and decide all cases of appeal, and it shall establish a form of appeal. Sec. 2. — The national council shall levy a tax upon the state, district, or territorial councils, for the support of the national council, to be paid in such manner and at such times as the national council shall determine. Art. 8. — This national council may alter and amend this constitution at its regular annual meeting in June next, by a vote of the majority of the whole number of the members present. (Cincinnati, Nov. 24, 1854.) RULES AND REGULATIONS. Rule 1. — Each State, District, or Terri- tory, in which there may exist five or more subordinate councils working under dispensations from the National Council of the United States of North America, or under regular dispensations from some State, District, or Territory, are duly em- powered to establish themselves into a State, District, or Territorial council, and when so established, to form for them- selves constitutions and by-laws for their government, in pursuance of, and in con- sonance with the Constitution of the National Council of the United States ; provided, however, that all State, District, or Territorial constitutions shall be subject to the approval of the National Council of the United States. (June, 1854.) Rule 2.— All State, District, or Terri- torial councils, when established, sh;ill have full power and authority to establish all subordinate councils within their re- spective limits ; and the constitutions and by-laws of all such sul)ordinate councils must be approved by their respective State, District, or Territorial councils. (June, 1854.) Rules.— All State, District, or Terri- torial councils, when established and until the formation of constitutions, shall work under the constitution of the National Council of the United States. (June, 1854.) Rule 4. — In all cases where, for the con- venience of the organization, two State or Territorial councils may be established, the two councils together shall be entitled to but thirteen delegates* in the National ♦Note. — See ConstitutioQ, Art. 3, Sec. 4, p. 5. Council of the United States — tlie propor- tioned number of delegates to depend on the number of mendjcrs in the organiza- tions; provided, that no State shall be al- lov/cd to have more than one State coun- cil, without the consent of the National Council of the United States. (June, 1854.) Rule 5. — In any State, District, or Ter- ritory, where there may be more than one organization working on the same basis, (to wit, the lodges and "councils,") the same shall be required to combine; the officers of each organization shall resign and new officers be elected ; and thereafter these bodies shall be known as State coun- cils, and subordinate councils, and new charters shall be granted to them by the national council. (June, 1854.) Rule G. — It shall be considered a penal offence for any brother not an officer of a subordinate council, to make use of the sign or summons adopted for public noti- fication, except by direction of the Presi- dent; or for officers of a council to post the same at any other time than from mid- night to one hour before daybreak, and this rule shall be incorporated into the by- laws of the State, District, and Territorial councils. (June, 1854.) Rule 7. — The determination of the neces- sity and mode of issuing the posters for public notification shall be intrusted to the State, District, or Territorial councils. (June, 1854.) Rule 8. — The respective State, District, or Territorial councils shall be required to make statements of the number of mem- bers within their respective limits, at the next meeting of this national council, and annually thereafter, at the regular annual meeting. (June, 1854.) Rule 9. — The delegates to the National Council of the United States of North America shall be entitled to three dollars per day for their attendance upon the national council, and for each day that may be necessary in going and returning from the same ; and five cents per mile for every mile they may necessarily travel in going to, and returning from the place of meeting of the national council; to be computed by the nearest mail route : which shall be paid out of the treasury of the ^ national council. (November, 1854.) Rule 10.— Each State, District, or Terri- torial council shall be taxed four cents per annum for every member in good standing belonging to each subordinate council un- der its jurisdiction on the first day of April, which shall be reported to the na- tional council, and paid into the national treasury, on or before the first day of the annual session, to be held in June ; and on the same day in each succeeding year. And the first "fiscal year shall be considered as commencing on the first day of Decern- 60 AMERICAN POLITICS. [cook I. ber, 1854, and ending on the fifteenth day i ofMav, 1855. (November, 1854.) j Rule 11.— The following shall be the key to determine and ascertain the pur- port of any communication that may be addressed to the President of a State, Dis- trict, or Territorial council by the Presi- dent of the national council, who is hereby instructed to communicate a knowledge of the same to said officers : ABCDEFGHI JKLM 1 7 13 19 25 2 8 14 20 26 3 9 15 NOPQRSTUVAVXYZ 21 4 10 16 22 5 11 17 23 6 12 18 24 Rule 12.— The clause of the article of the constitution relative to belief in the Supreme Being is obligatory upon every State and subordinate council, as well as upon each individual member. (June, 1854.) Rule 13.— The following shall be the compensation of the officers of this coun- cil: 1st. The Corresponding Secretary shall be paid two thousand dollars per annum, from the 17th day of June, 1854. 2d. The Treasurer shall be paid five hundred dollars per annum, from the 17th day of June, 1854. 3d. The Sentinels shall be paid five dol- lars for every day they may be in attend- ance on the sittings of the national coun- cil. 4th. The Chaplain shall be paid one hundred dollars per annum, from the 17th dav of June, 1854. 5th. The Recording Secretary shall be paid five hundred dollars per annum, from the 17th day of June, 1854. 6th. The 'Assistant Secretary shall be paid five dollars per day, for every day he may be in attendance on the sitting of the national council. All of which is to be paid out of the national treasury, on the draft of the President. (November, 1854.) SPECIAL VOTING. Vote 1st.— -This national council hereby grants to the State of Virginia two State councils, the one to be located in Eastern and the other in Western Virginia, the Blue Ridge Mountains being the geo- graphical line between the two jurisdic- tions. (June, 1854.) Vote 2d.— The President shall have power, till the next session of the national council, to grant dispensations for the for- mation of State, District, or Territorial councils, in form most agreeable to his own discretion, upon proper application being made. (Juno, 1854.) Vote 3d.— Tlie seats of all delegates to and members of the i)rescnt national coun- cil shall be vacated on the first Tuesday in June, 1855, at the hour of six o'clock in the forenoon; and the national council convening in annual session upon that dav, shall be composed exclusively of del- egates elected under and in accordance with the provisions of the constitution, as amended at the present session of this national council ; provided, that this reso- lution shall not apply to the officers of the national council. (November, 1854.) Vote 4th. — The Corresponding Secretary of this council is authorized to have print- ed the names of the delegates to this national council ; also, those of the Presi- dents of the several State, District, and Territorial councils, together with their address, and to forward a copy of the same to each person named ; and further, the Corresponding Secretaries of each State, District, and Territory are requested to forward a copy of their several con- stitutions to each other. (November, 1854.) Vote 5th. — In the publication of the constitution and the ritual, under the di- rection of the committee — brothers Desh- ler, Damrell, and Stephens — the name, signs, grips, and passwords of the order shall be indicated by [***], and a copy of the same shall be fiirnished to each State, District, and Territorial council, and to each member of that body. (Novem- ber, 1854.) Vote 6th. — A copy of the constitution of each State, District, and Territorial coun- cil, shall be submitted to this council for examination. (November, 1854.) Vote 7th. — It shall be the duty of the Treasurer, at each annual meeting of this body, to make a report of all moneys re- ceived or exj)ended in the interval. (No- vember, 1854.) Vote 8th.— Messrs. Gifford of Pa., Bar- ker of N. Y., Deshler of N. J., Williamson of Va., and Stephens of Md., are appointed a committee to confer with similar commit- tees that have been appointed for the pur- pose of consolidating the various American orders, with power to make the necessary arrangement for such consolidation — sub- ject to the approval of this national coun- cil, at its next session. (November, 1854.) Vote 9th. — On receipt of the new ritual by the members of this national council who have received the third degree, they or any of them may, and they are hereby empowered to, confer the third degree upon _ members of this body in their respective states, districts, and territories, and upon the presidents and other officers of their state, district, and territorial councils. And further, the ]iresidents of the state, district, and territorial councils shall in the first instance confer the third degree upon as many of the jircsidcnts and officers of their sul)ordinatc councils as can be as- peml)l('d together in their respective local- ities ; and afterwards the sanie may be con- ferred upon officers of other subordinate BOOK I.] THE AMERICAN RITUAL, 61 councils, by any presiding ofQcer of a coun- cil who shall have previously received it under the provisions of the constitution, (November, 18')4.) Vote 10th. — To entitle any delegate to a seat in this national council, at its annual session in June next, he must present a properly authenticated certificate that he was duly elected as a delegate to the same, or appointed a substitute in accordance with the requirements of the constitutions of state, territorial, or district councils. And no delegate shall be received from any state, district, or territorial council which has not adopted the constitution and ritual of this national council. (November, 1854.) Vote 11th. — The committee on printing the constitution and ritual is authorized to have a sufficient number of the same print- ed for the use of the order. And no state, district, or territorial council shall be al- lowed to reprint the same. (November, 1854.) Vote 12th.— The right to establish all subordinate councils in any of the states, districts, and territories represented in this national council, shall be confined to the state, district, and territorial councils which they represent. (November, 1854.) Constitution for the Government of Subordinate Councils. Art. I. Sec. 1. — Each subordinate coun- cil shall be composed of not less than thir- teen members, all of whom shall have re- ceived all the degrees of the order, and shall be known and recognised as • Council, No. , of the of the county of , and State of North Caro- lina. Sec. 2. — No person shall be a member of any subordinate council in this state, un- less he possesses all the qualifications, and comes up to all the requirements laid down in the constitution of the national council, and whose wife (if he has one), is not a Roman Catholic. Sec. 3. No application for membership shall be received and acted on from a per- son residing out of the state, or resides in a county where there is a council in ex- istence, unless upon special cause to be stated to the council, to be judged of by the same; and such person, if the reasons be considered sufficient, may be initiated the same night he is proposed, provided he resides five miles or more from the place where the council is located. But no per- son can vote in any council, except the one of which he is a member. Sec. 4. Every person applying for mem- bership, shall be voted for' by ballot, in open council, if a ballot is requested by a single member. If one-third of the votes cast be against the ap])licant, he shall be rejected. If any applicant be rejected, he shall not be again proposed within six months thereafter. Nothing herein con- tained shall be ccmstrued to jjrevent the initiation of applicants privately, by tliose empowered to do so, in localities wltere there are no councils within a convenient distance. Sec. 5. Any member of one subordinate council wishing to change his membership to another council, shall ai)i)ly to the coun- cil to which he belongs, either in writing or orally through another member, and the question shall be decided by the council. If a majority are in favor of granting him an honorable dismission, he shall receive the same in writing, to be signed by the president and countersigned by the secre- tary. But until a member thus receiving an honorable dismission has actually been admitted to membership in another coun- cil, he shall be held subject to the disci- pline of the council from which he has re- ceived the dismission, to be dealt with by the same, for any violation of the require- ments of the order. P.efore being received in the council to which he wishes to trans- fer his membership, he shall present said certificate of honorable dismission, and shall be received as new members are. Sec. 6. Applications for the second de- gree shall not be received except in second degree councils, and voted on by second and third degree members only, and ap- plications for the third degree shall be received in third degree councils, and voted on by third degree members only. Art. II. — Each subordinate council shall fix on its own time and place for meeting: and shall meet at least once a month, but where not very inconvenient, it is recom- mended that they meet once a week. Thir- teen members shall form a quorum for the transaction of business. Special meet- ings may be called by the president at any time, at "the request of four members of the order. Art. III. — Sec. 1. The members of each subordinate council shall consist of a pre- sident, vice-president, instructor, secre- tary, treasurer, marshal, inside and outside sentinel, and shall hold their offices for the term of six months, or until their succes- sors are elected and installed. Sec. 2. The officers of each subordinate council (except the sentinels, who shall be appointed by the j>resident), shall be elect- ed at the first regular meetings in January and July, separately, and by ballot ; and each shall receive a majority of all the votes cast to entitle him to an election. No member shall be elected to any office, unless he be present and signifyhis assent thereto at the time of his election. Any vacancy which may occur liy death, resig- nation, or otherwise, shall be filled at the next meeting thereafter, in the manner and form above described. 62 AMERICAN POLITICS. [book I. Sec. 3. The President.— It shall be the duty of the president of each subordinate council, to preside in the council, and en- force a due observance of the constitution and rules of the order, and a proper respect for the state council and the national coun- cil ; to have sole and exclusive charge of the charter and the constitution and ritual of the order, which he must always have with him when his council is in session, to see that all officers perform their respec- tive duties ; to announce all ballotiugs to the council ; to decide all questions of order ; to give the casting vote in all cases of a tie; to convene special meetings when deemed expedient ; to draw warrants on the treasurer for all sums, the j^ayment of which is ordered by the council ; and to perform such other duties as are demanded of him by the constitutions and ritual of the order. Sec. 4. The vice-president of each sub- ordinate council shall assist the president in the discharge of his duties, whilst his council is in session ; and, in his absence, shall perform all the duties of the presi- dent. Sec. 5. The instructor shall perform the duties of the president in the absence of the president and vice-president, and shall, under the direction of the president, per- form such duties as may be assigned to him by the ritual. Sec. 6. The secretary shall keep an ac- curate record of the proceedings of the council. He shall write all communica- tions, fill all notices, attest all warrants drawn by the president for the payment of money ; he shall keep a correct roll of all the members of the council, together with their age, residence, and occupation, in the order in which they have been admit- ted ; he shall, at the expiration of every three months, make out a report of all work done during that time, which report he shall forward to the secretary of the state council ; and when superseded in his office shall deliver all books, papers, &c., in his hands to his successor. Sec. 7. The treasurer shall hold all mo- neys raised exclusively for the use of the etate council, which he shall pay over to the secretary of the state council at its regular sessions, or whenever called upon by the president of the state council. He shall receive all moneys for the use of the fuVjordinatc council, and pay all amounts drawn for on him, Ijy the jiresident of the subordinate council, if attested by the se- cretary. Sec. 8. The marshal shall perform Buch duties, under the direction of the president, as may be required of him by the ritual. Sec. 0. The inside sentinel shall have cliarge of the inner door, and act under the directions of the president. He shall admit no person, unless he can prove him- self a member of this order, and of the same degree in which the council is opened, or by order of the president, or is satisfac- torily vouched for. Sec. 10. The outside sentinel shall have charge of the outer door, and act in ac- cordance with the orders of the president. He shall permit no person to enter the outer door unless he give the password of the degree in which the council is at work, or is properly vouched for. Sec. 11. The secretary, treasurer, and sentinels, shall receive such compensation as the subordinate councils may each con- clude to allow. Sec, 12. Each subordinate council may levy its own fees for initiation, to raise a fund to pay its dues to the state council, and to defray its own expenses. Each council may, also, at its discretion, initiate without charging the usual fee, those it considers unable to pay the same. Sec. 13. The president shall keep in his possession the constitution and ritual of the order. He shall not suffer the same to go out of his possession under any pre- tence whatever, unless in case of absence, when he may put them in the hands of the vice-president or instructor, or whilst the council is in session, for the informa- tion of a member wishing to see it, for the purpose of initiation, or conferring of degrees. Art. IV. Each subordinate council shall have power to adopt such by-laws, rules, and regulations, for its own government, as it may think proper, not inconsistent with the constitutions of the national and state councils. Form of Application for a Charter TO Organize a new Council. Post Office — county, Date . To President of the State Council of North Carolina : — We, the undersigned, members of the Third Degree, being desirous of extending the influence and usefulness of our organi- zation, do hereby ask for a warrant of dis- pensation, instituting and organizing us as a subordinate branch of the order, under the jurisdiction of the State Council of the State of North Carolina, to be known and hailed as Council No. , and to be lo- cated at , in the county of , State of North Carolina. And we do hereby pledge ourselves to be governed by the Constitution of the State Council of the State of North Caro- lina, and of the Grand Council of the U. S. N. A., and that we will in all things con- form to the rules and usages of the order. Names. Residences. BOOK I.] THE AMERICAN RITUAL. 63 FORM OF DISMISSION FROM ONE COUNCIL TO ANOTHKR. This is to certify that Brother , a member of Council, No. , having made an ai)plication to change his mem- bership from this council to that of Council, No. , at , in the county of , I do hereby declare, that said brother has received an honoralde dismis- sion from this council, and is hereby re- commended for membership in Coun- cil, No. , in the county of , N. C. ; f)rovided, however, that until Brother las been admitted to membership in said council, he is to be considered subject to the discipline of this council, to be dealt with by the same for any violation of the requirements of the order. This the day of , 185—, and the year of American Independence. President, Council, No. . Secretary. FORM OF CERTIFICATE FOR DELEGATES TO THE STATE COUNCIL. Council, No. , county of , N. C. This is to certify that and were at the regular meeting of this council, held on the , 185 — , duly elected delegates to represent this council in the next an- nual meeting of the state council, to be held in , on the 3d Monday in Novem- ber next. And by virtue of the authority in me reposed, I do hereby declare the said and to be invested with all the rights, powers, and privileges of the delegates as aforesaid. This being the day of , 185 — , and the year of our national independence. President of Council, No. Secretary. FORM OF NOTICE From the SnhonUnale Gmticil to the Stale Council, whenever any Member of a Subordinate Council is expelled. Council, No. , county of , N. C. To the President of the State Council of North Carolina: Sir : — This is to inform you that at a meeting of this council, held on the day of , 185 — , was duly ex- pelled from membership in said council, and thus deprived of all the privileges, rights, and benefits of this organization. In accordance with the provisions of the constitution of the state council, you are hereby duly notified of the same, that you may officially notify all the subordinate councils of the state to be upon their guard against the said , as one unworthy to associate with i)atriotic and good men, and {if expelled for violating his ohlif/atiun) as a perjurer to God and his country. The said is about years of age, and is by livelihood a Duly certified, this the day of 185 — , and in the year of our national independence. President of Council, No. . Secretary. First Degree Council. To be admitted to membership in this order, the applicant shall be — 1st. Proposed and found acceptable. 2nd. Intnjduced and examined under the guarantee of secrecy. 3rd. Placed under the obligation which the order imposes. 4th. llequired to enrol his name and place of residence. 5th. Instructed in the forms and usages and ceremonies of the order. Gth. Solemnly charged as to the objects to be obtained, and his duties. [A recommendation of a candidate to this order shall be received only from a brother of approved integrity. It shall be accompanied by minute particulars as to name, age, calling, and residence, and by an explicit voucher for his qualifications, and a personal pledge for li's fidelity. These particulars shall be recorded by the secretary in a book kept for tliat purpose. The recommendation may be referred, and the ballot taken at such time and in such a manner as the state council may prescribe ; but no communication shall be made to the candidate until the ballot has been declared in his favor. Candidates shall be received in the ante-room by the marshal and sec- retary.] OUTSIDE. Marshal. — Do you believe in a Supreme Being, the Creator and Preserver of the universe? Ans. — I do. Marshal. — Before proceeding further, we require a solemn obligation of secrecy and truth. If you will take such an obligation, you will lay your right hand upon the Holy Bible and cross. (When it is known that the applicant is a Protestant, the cross may be omitted, or affirmation may be allowed.) OBLIGATION. You do solemnly swear for affirm) that you will never reveal anything said or done in this room, the names of any persons present, nor the existence of this society, whether found worthy to proceed or notr, and that all your declarations shall be true, so help you God ? Ans.—"lAo:' Marshal. — Where were you born ? Marshal. — Where is your permanent residence? 64 Ai>IERICAN POLITICS. [book I. (If born out of the jurisdiction of the United States, the answer shall be written, the candidate dismissed with an admonition of secrecy, and the brother vouching for him suspended from all the privileges of the order, unless upon satisfactory proof that he has been misinformed.) Marshal. — Are you twenty-one years of age? Ans.—" I am." Marshal. — Were you born of Protestant parents, or were you reared under Protes- tant influence ? ^ ;!,•?.— "Yes." Marshal. — If married, is your wife a Ro- man Catholic ? {" No " or " Yes " — the answer, to be valued as the Constitution of the State Council shall provide.) Marshal. — Are you willing to use your influence and vote only for native-born American citizens for all offices of honor, trust, or profit in the gift of the people, to the exclusion of all foreigners and aliens, and Roman Catholics in particular, and without regard to party predilections ? Ans. — " I am." (The marshal shall then repair to the council in session, and present the written list of names, vouchers, and answers to the president, who shall cause them to be read aloud, and a vote of the council to be taken on each name, in such manner as pre- scribed by its by-laws. If doubts arise in the ante-room, they shall be referred to the council. If a candidate be dismissed, he shall be admonished to secrecy. The candidates declared elected shall be con- ducted to scats within the council, apart from the l)rethren. When all are present the president by one blow of the gavel, shall call to order and say:) President. — Brother marshal, introduce the candidates to the vice-president. Marshal. — Worthy Vice-President, I pre- sent to you these candidates, who have duly answered all questions. Vice-President, rising in his place. — Gen- tlemen, it is my oificc to welcome you as friends. When yon shall have assumed the patriotic vow by which we are all bound, we will embrace you as brothers. I am authori/.ed to declare that our obligations enjoin nothing which is inconsistent with the duty which every good man owes to his Creator, his country, his family, or himself. We do not compel you, against your convictions, to act with us in our good work ; hut sliould you at any time wish to withdraw, it will be our duty to grant you a dismissal in good faith. If satisfied with this assurance, you will rise ur)on your feet {pavsincj till they dn so), place the hTt hand upon the breast, and raise the right hand towards heaven. (The brethren to remain seated till called up.) OBLIGATION. In the presence of Almighty God and these witnesses, you do solemnly promise and swear, that you will never betray any of the secrets of this society, nor commu- nicate them even to proper candidates, ex- cept within a lawful council of the order ; that you never will permit any of the secrets of this society to be written, or in any other manner made legible, except for the purpose of official instruction ; that you will not vote, nor give your influence for any man for any office in the gift of the I^eople, unless he be an American born citizen, in favor of Americans ruling America, nor if he be a Roman Catholic; that you will in all political matters, so far as this order is concerned, c(miply with the will of the majority, though it may conflict with your personal preference, so long as it does not conflict with the Con- stitution of the United States of America, or that of the state in which you reside ; that you will not, under any circumstances whatever, knowingly 'recommend an un- worthy person for initiation, nor sufler it to be done, if in your power to prevent it; that you will not, under any circumstances, expose the name of any member of this order, nor reveal the existence of such an association ; that you Avill answer an impe- rative notice issued by the proper authori- ty ; obey the command of the state council, president, or his deputy, while assembled by such notice, and respond to the claim of a sign or cri/ of the order, unless it be physically impossible ; and that you will acknowledge the State Council of as the legislative head, the ruling authori- ty, and the supreme tribunal of the order in the state of , acting under the jurisdiction of the National Coiuicil of the United States of North America. Binding yourself in the penalty of ex- communication from the order, the forfei- ture of all intercourse with its members, and being denounced in all the societies of the same, as a wilful traitor to ycmr God and your country. (The j)resident shall call up every per- son present, by three blows of the gavel, when the candidates shall all repeat after the vice-president in concert:) All this I voluntarily and sincerely promise, with a full understanding of the solemn sanctions and penalties. Vice-President. — You have now taken .solemn oaths, and made as sacred ])romise8 as man can make, that you will keep all our secrets inviolate; and we wish yoti dis- tinctly to understand that he that takes these oaths and makes these promises, and then violates them, leaves the; fotil, the deep and blighting stain of peijury resting on hLs Boul. BOOK I.] THE AMERICAN RITUAL. 65 President. — (Having seated all by one blow of the gavel.) — Brother Instructor, these new brothers having comj)lied with the demand of the order, arc entitled to the secrets and privileges of the same. You will, therefore, invest them with every- thing appertaining to the first degree. Instructor. — Brothers : the practices and proceedings in our order are as follows : We have pass-words necessary to be used to obtain admission to our councils ; forms for our conduct while there; means of re- cognizing each other when abroad; means of mutual protection; and methods for giving notices to members. At the outer door you will* (??ia^-e amj ordinary alarm to attract the attention of the outside sentinel). When the wicket is opened you will pronounce the {word.roof than your reception here. The dangers whicli threaten American liberty arise from foes without and from enemies within. The first degree jjointcd out the source and nature of our most im- minent peril, and indicated the first mea- sure of safety. The second degree defined the next means by wliicli, in coming time, such assaults may be rendered harmless. The third degree, which you have just re- ceived, not only reiterates the lessons f)f the other two, but it is intended to avoid and provide for a more remote, but no less terrible danger, from domestic enenucs to our free institutions. Our object is briefly this; — to perfect an organization modeled after that of the Con- stitution of the United States, and coex- tensive with the confederacy. Its object and principles, in all matters of national concern, to be uniform and identical whilst in all local matters the component parts shall remain indej^endent and sovereign within their respective limits. The great result to be attained — the only one which can secure a perfect guarantee as to our future — is UNiox ; permanent, enduring, fraternal union! Allow me, then, to impress \x\wn. your minds and memories the touching sentiments of the Father of his Country, in his Farewell Address : — " The unity of government which consti- tutes you one people," says Washington, " is justly dear to you, for it is the main pillar in the edifice of your real independ- ence, the support of your tranquillity at home, of your peace abroad, of your safety, your prosperity — even that liberty you so justly prize. " * * It is of infinite moment that you should properly estimate the immense value of your National Union, to your col- lective and individual happiness. You should cherish a cordial, habitual, and im- movable attachment to it; accustoming yourselves to think and speak of it, as the palladium of your political safety and pros- perity ; watching i^or its preservation with jealous anxiety; discountenancing what- ever may suggest even a suspicion that it can in any event be abandoned ; and in- dignantly frowning ujion the dawning of every attempt to alienate any portion of our country from the rest, or to enfeeble the sacred ties which now bind together the various parts," Let these words of paternal advice and warning, from the greatest man that ever lived, sink deep into your hearts. Cherish them, and teach your children to reverence them, as you cherish and reverence the memory of Washington himself. The Union of these states is the great conserva- tor of that liberty so dear to the American heart. Without it, our greatness as a na- tion would disappear, and our boasted self- government prove a signal fiiilure. The very name of liberty, and the hopes of struggling freedom throughout the world, must perish in the wreck of this Union. Devote yourselves, then, to its maintenance, as our fathers did to the cause of independ- ence; consecrating to its support, as you have sworn to do, your lives, your fortunes, and your sacred lionors. Brothers: Recalling to your minds the solemn obligations which you have sever- ally taken in this and the i)receiling degrees, I now pronounce you entitled to all the l)rivileges of membershij) in this organiza- tion, and take pleasure in inl'orming you that you are now members of the order of [the American Union.) BOOK I.] POLITICAL NOMINATIONS IN 1866. 69 American, WTilg, Republican antl Demo- cratic NomlnatlouH of 1856. The American convention met the next day after the session of the National Coun- cil of the Order, on the 22(1 February, 1856, It was composed of 227 delegates ; all the States being represented except Maine, Vermont, Georgia and South Car- olina. Hon. Millard Fillmore was nom- inated for President, and Andrew J. Don- elson for Vice-President. The Whig Convention met at Baltimore, September, 17, 1856, and endorsed the nominations made by the American par- ty, and in its platform declared that " without adopting or referring to the pe- culiar doctrines of the party which has already selected Mr. Fillmore as a candi- date" * * * Resolved, that in the present exigency of political affairs, we are not called upon to discuss the subordi- nate questions of the administration in the exercising of the constitutional powers of the government. It is enough to know that civil war is raging, and that the Union is in peril ; and proclaim the con- viction that the restoration of Mr. Fill- more to the Presidency will furnish the best if not the only means of restoring peace." The first National Convention of the new Republican party met at Philadelphia, June 18, 1856, and nominated John C. Fremont for President, and William L. Dayton for Vice-President. Since the previous Presidential election, a new party consisting of the disaffected former adhe- rents of the other parties — Native and In- dependent Democrats, Abolitionists, and Whigs opposed to slavery — had sprung into existence, and was called by its adhe- rents and friends, the Republican party. This convention of delegates assembled in pursuance of a call addressed to the people of the United States, without regard to past political differences or divisions, who were opposed to the repeal of the Missouri Compromise. To the policy of President Pierce's administration : To the extension of slavery into free territory: In favor of the admission of Kansas as a free State : Of restoring the action of the fed- eral government to the principles of Wash- ington and Jefferson. It adopted a platform, consisting of a set of resolutions, the principal one of which was : " That we deny the authority of Congress, of a territorial legislature, of any individual, or association of individuals, to give legal existence to slavery in any territory of the United States, while the present Constitution shall be maintained." And closed with a resolution : " That we invite the approbation and co-operation of the men of all parties, however different from us in other respects, in support of the principles herein declared ; and believing that the spirit of our institutions, as well as the Constitution of our country, guar- anties liberty of conscience and equality of rights among citizens, we oppose all legis- lation impairing their security." The Democratic Convention, met at Cincinnati, in May 1856, and nominated James Buchanan for President, and John C. Breckenridge for Vice-President. It adopted a platform which contained the material portions of all its previous plat- forms, and also defined its position on the new issues of the day, and declared (1 ) that the revenue to be raised should not exceed the actual necessary expenses of the gov- ernment, and for the gradual extinction of the public debt; (2) that the Constitution does not confer upon the general govern- ment the power to commence and carry on a general system of internal improvements ; (3) for a strict construction of the powers granted by the Constitution to the fedeial government; (4) that Congress has no power to charter a national bank; (5) that Congress has no power to interfere with slavery in the States and Territories ; the people of which have the exclusive right and power to settle that question for them- selves. (6) Opposition to native American- ism. At the election which followed, in No- vember, 1856, the Democratic candidates were elected, though by a popular minority vote, having received 1,838,160 popular votes, and 174 electoral votes, against 2,215,768 popular votes, and 122 electoral votes for John C. Fremont, the Republican candidate, and Mr. Fillmore, the Whig and American candidate. The aggregate vote cast for Mr. Fillmore, who was the nominee on both the Whig and American tickets, was 874,534, and his electoral vote was eight ; that of the State of Maryland. This was the last na- tional election at which the Whigs ap- peared as a party, under that name ; they having joined with the American and with the Republican parties, and finally united with the latter after the downfall and ex- tinction of the former. In the State elec- tions of that year, (1856) the American party carried Rhode Island and Maryland; and in the 35th Congress, which met in December, 1857, the party had 15 to 20 Representatives and five Senators. When the 36th Congress met, in 1859, it had be- come almost a border State or Southern partv, having two Senators; one from Kentucky and one from Maryland; and 23 Representatives, five from Kentucky, seven from Tennessee, three from ]\Iary- land, one from Virginia, four from North Carolina, two from Georgia, and one from Louisiana. The American party had none of the elements of persistence. It made another desperate effort, however, in the next Presidential campaign, but having 70 AMERICAN POLITICS. [book I, failed to carry the South, disappeared finally from politics. The new Eepublican party polled a verj' large vote — 1,341,234 out of a total vote of 4,053,928 — and its candidates received 114 votes out of 296, in the electoral college ; having secured majorities in all the free States, except Illinois, Indiana, Pennsyl- vania, New Jersey and California. The successful candidate, Mr. James Buchanan, was duly inaugurated as Presi- dent of the United States, and entered upon the discharge of his duties as such, March 4, 1857. After the election of November, 1856, the Republican Association of Washington issued an address to the people, in which the results of the election were examined, and the future policy of the party stated. It is an interesting paper, as laying the foundation of the campaign of 1860, which followed, and is here given in full : "Repabllcan Association of AVashington. Address to the Bepttblicans of the United States. " Washington, Kov. 27, 1856. " The Presidential contest is over, and at last we have some materials to enable us to form a judgment of the results. " Seldom have two parties emerged from a conflict with less of joy in the victors, more of hope in the vanquished. The pro-slavery party has elected its Presiden- tial candidate, only, however, by the votes of a minority, and that of such a character as to stamp the victory as the offspring of sectionalism and temporary causes. The Republicans, wherever able to present clearly to the public the real issue of the canvass — slaverj' restriction or slavery ex- tension — have carried the people with them by unprecedented majorities; almost break- ing up in some States the organization of their adversaries. A sudden gathering to- gether of the people, alarmed at the in- roads of the slave power, rather than a well organized party, with but a few months to attend to the complicated de- tails of party warfare ; obstructed by a se- cret Order, which had pre-occupied the field, and obtained a strong hold of the national and religious prejudices of the masses ; opposed to an old party, com- mencing the canvass with the united sup- port of a powerful section, hardened by long party drill, accustomed to victorj', wielding the whole power of the federal administration — a ])arty which only four years ago carrieil all l)ut four of the States, and a majority of tlie popuhir vote — still, under all these a'lverse circumstances, they have triumpheil in eleven, if not twelve of the free States, pre-eminent for enterprise and general intelligence, and containing one halfofthe whole population of the coun- try ; given to their Presidential candidate nearly three times as many electoral votes as were cast by the Whig party in 1852 ; and this day control the governments of fourteen of the most powerful States of the Union. " Well may our adversaries tremble in the hour of their victory. ' The Demo- cratic and Black Republican parties,' they say, 'are nearly balanced in regard to power. The former was victorious in the recent struggle, but success was hardly won, with the aid of important accidental ad- vantages. The latter has abated nothing of its zeal, and has suffered no pause in its preparations for another battle.' " With such numerical force, such zeal, intelligence, and harmony in counsel ; with so many great States, and more than a million votei-s rallied to their standard by the eflbrts of a few months, why may not the Republicans confidently expect a vic- tory in the next contest? The necessity for their organization still exists in all its force. Mr. Buchanan has always proved true to the demands of his party. He fully accepted the Cincinnati platform, and pledged himself to its policy — a policj of filibustering abroad, propa- gandism at home. Prominent and controll- ing among his sujjporters are men com- mitted, by word and deed, to that policy ; and what is there in his character, his an- tecedents, the nature of his northern sup- port, to authorize the expectation that he will disregard their will ? Nothing will be so likely to restrain him and counteract their extreme measures, as a vigorous and growing Republican organization, as noth- ing would be more necessary' to save the cause of freedom and the Union, should he, as Ave have every reason to believe, con- tinue the pro-slavery policy of the present incumbent. Let us beware of folding our arms, and waiting to see what he will do. We know the ambition, the necessities, the schemes of the slave power. Its policy of extension and aggrandizement and univer- sal empire, is the law of its being, not an accident — is settled, not fluctuating. Covert or open, moderate or extreme, according to circumstances, it never changes in spirit or aim. With Mr. Buchanan, the elect of a party controlled by this policy, administer- ing the government, the safety of the country and of free institutions must rest in the organization of the Republican party. What, then, is the duty before us? Organization, vigilance, action ; action on the rostrum, through the press, at the bal- lot-box; in state, county, city, and town elections ; everywhere, at all times ; in every election, making Republicanism, or loyal- ty to the policy and principles it advocates, the sole political test. No primary or municipal election should be suffered to go by defatilt. The party that would sue- BOOK I.] THE KANSAS STRUGGLE, 71 ceed nationally must triumph in states — triumph in the state elections, must be prepared by municijjal success. Next to the remaining power in the states already under their control, let the Republicans devote themselves to the work of disseminating their principles, and initiating the true course of political action in the states which have decided the election against them. This time we have failed, for reasons nearly all of which maybe removed by proper clibrt. JNIany thousand honest, but not well-inlbrmed voters, who supported Mr. Buchanan under the delu- sive impression that he would favor the cause ot free Kansas will soon learn their mistake, and be anxious to correct it. The timid policy of the lleimblicaus in New Jersey, Pennsylvania, and Indiana, in post- poning their independent action, and tem- porizing with a party got up for purposes not harmonizing with their own, and the conduct of IMr. Fillmore's friends in either voting for Mr. Buchanan, or dividing the opposition by a separate ticket, can hardly be rei)eated again. The true course of the Republicans is to organize promptly, bold- ly, and honestly upon their own principles, so clearly set forth in the Philadelphia platform, and, avoiding coalitions with other parties, appeal directly to the masses of all parties to ignore all organizations and issues which would divert the public mind from the one danger that now threat- ens the honor and interests of the country, and the subtlety of the Union — slavery propagandism^allied with disunionism. Let us not forget that it is not the want of generous sentiment, but of sufficient in- formation, that prevents the American peo- ple from being united in action against thp aggressive policy of the slave power. Were these simple questions submitted to-day to the people of the United States : — Are you in favor of the extension of slavery ? Are you in favor of such extension by the aid or connivance of the federal government? And could they be permitted to record their votes in response, without embarrassment, without constraint of any kind, nineteen- twentieths of the people of the free States, and perhaps more than half of the people of the slave States, would return a decided negative to both. Let us have faith in the people. Let us believe, that at heart they are hostile to the extension of slavery, desirous that the territories of the Union be consecrated to free labor and free institutions; and that they require only enlightenment as to the most eftectual means of securing this end, to convert their cherished sentiment into a fixed principle of action. The times are pregnant with warning. That a disunion party exists in the South, no longer admits of a d()ul)t. It accepts the election of Mr. Buchanan as allbrding time and means to consolidate its strength and mature its plans, which comprehend not only the enslavement of Kansas, and the recognition of slavery in all territory of the United States, but the conversion of the lower half of California into a slave State, the organization of a new slavery territory in the Gadsden purchase, the fu- ture annexation of Nicaragua and sul)ju- gation of Central America, and the acqui- sition of Cuba ; and, as the i'ree States are not expected to submit to all this, ultimate dismemberment of the Union, and the for- mation of a great slaveholding confeder- acy, with Ibrcign alliances with Brazil and Russia. It may assum6 at first a moderate tone, to prevent the sudden alienation of its Northern allies ; it may delay the develop- ment of its plot, as it did under the Pierce administration ; but the repeal of the Mis- souri comjjromise came at last, and so will come upon the country inevitably the final acts of the dark conspiracy. When that hour shall come, then will the honest Dem- ocrats of the free States be driven into our ranks, and the men of the slave States who prefer the republic of Washington, Adams and Jefferson — a republic of law, order and liberty — to an oligarchy of slavehold- ers and slavery propagandists, governed l)y Wise, Atchison, Soule, and Walker, founded in fraud and violence and seeking aggran- dizement by the spoliation of nations, will bid God speed to the labors of the Repub- lican party to preserve liberty and the Union, one and inseparable, perpetual and all ])owerful. Washington, D. C, Nov. 27, 185G. The Kansas Struggle. It was the removal of the interdiction against slavery, in all the territory north of 36'' 30,' by the repeal of the Missouri Compromise which gave legality to the struggle for Kansas, and it was the doc- trine of popular sovereignty which gave an impartial invitation to both sides to en- ter the struggle. The aggressive men of both parties hurried emigrants to the Ter- ritory. Each accused the other of organ- ized efforts, and soon in the height of the excitement these charges were rather con- fessed than denied. A new question was soon evolved by the struggle, for some Avho entered from the South took their slaves with them. The Free State men now contended that sla- very was a local institution and confined to the States where it existed, and that it an emigrant passed into the territory with his slaves these became free. The South- ern view was, that slaves were recognized as property by the National Constitution ; that therefore their masters had a right to take them there and hold them under con- 72 AMERICAN POLITICS. [book I. stitutional guarantees, the same as any other property ; that to assert anything else would be to deny the equality of the States within their common territory, and degrade them Irom the rank of equals to that of inferiors. This last proposition had such force that it would doubtless have received more general recognition if the North had not felt that the early compact dedicating the territories north of 36" 30' to freedom, had been violated. In answer to this proposition they therefore pro- claimed in their platforms and speeches, and there was no other logical answer, " that freedom was National, and slavery Sectional." We cannot enter upon a full description of the scenes in Kansas, but bloodshed and rapine soon followed the attempts of the opposing parties to get control of its government. What were called the " Bor- der Ruffians " by the Free State men, be- catise of active and warlike organization in Missouri and upon its borders, in the earlier parts of the struggle, seemed to have the advantage. They were supported by friends near at hand at all times, and warlike raids were frequent. The Free State men had to depend mainly upon New England for supplies in arms and means, but organizations were in turn rapidly completed to meet their calls, and the struggle soon became in the highest degree critical. The pro-slavery party sustained the Territorial government appointed by the administration ; the anti-slavery party re- pudiated it, because of its presumed com- mittal to slavery. The election for mem- bers of the Territorial legislature had been attended with much violence and fraud, and it was claimed that these things prop- erly annulled any action taken by that body. A distinct and separate convention was called at Topeka to frame a State con- Btitution, and the Free State men likewise elected their own Governor and Legisla- ture to take the place of those appointed by Buchanan, and when the necessary preliminaries were completed, they ap- ])lied for admission into the Union. After a long and bitter struggle Congress decided the question Ijy refusing to admit Kansas under the Topeka Constitution, and by re- cognizing the authority of the territorial government. These proceedings took place auring the session of ISoli-j, which ter- minated immediately before the inatigura- ation of President Buchanan. At tlie beginning of lUuhanan's admin- istration in l^o?, the Rcpuhlicans almost solidly faced the Democrats. There still remained part of the division caused by the American or Know-Nothing party, but its membership in (Jongress had already been compelled to show at least the ten- dency of their acntimeuta on the great question which was now rapidly dividing the two great sections of the Union. The result of the long Congressional struggle over the admission of Kansas and Nebras- ka was simply this : " That Congress was neither to legislate slavery into any Terri- tory or State, nor to exclude it therefrom ; but to leave the people thereof perfectly free to form and regulate their domestic institutions in their own way, subject only to the Constitution of the United States,"* and it was specially prescribed that when the Territory of Kansas shall be admitted as a State, it shall be admitted into the Union with or without slavery as the con- stitution adopted should prescribe at the time of admission. This was, as it proved, but a temporary settlement on the principle of popular sovereignty, and was regarded at the time as a triumph of the views of Stephen A. Douglas by the friends of that great poli- tician. The more radical leaders of the South looked upon it Avith distrust, but the blood of the more excitable in both sections was rapidly rising toward fever heat, and the border men from the Free and Slave States alike were preparing to act upon a compromise which in effect in- vited a conflict. The Presidential election in 1856 had singularly enough encouraged the more aggressive of both sections. Buchanan's election was a triumph for the South ; Fremont's large vote showed the power of a growing party as yet but partially or- ganized, and crippled by s«hisms which grew out of the attempt to unite all ele- ments of opposition to the Democrats. The general plan of the latter was now changed into an attempt to unite all of the free-soil elements into a party organization against slavery, and from that time for- ward until its total abolition slavery was the paramount issue in the minds of the more aggressive men of the north. Lin- coln voiced the feelings of the Republi- cans when he declared in one of his Illi- nois speeches : — " We will, hereafter, speak for freedom, and against slavery, as long as the Consti- tution guaranties free speech ; until eveiy- where, on this wide land, the sun shall shine, and the rain shall fall, and the wind shall blow upon no man who goes forth to unrefpiited toil." In the Congressional battle over the ad- mission of Kansas and Nebraska, Douglas was the most conspicuous figure, and the language which we have (pioted from lUichanan's inaugural was the literal meaning which Douglas had given to his idea of "po[)ular" or "squatter sover- eignty." l*rior to the Kansas struggle the Free * PreBident Buchanan's Inaugural Address. BOOK 1.] THE LINCOLN AND DOUGLAS DEBATE, 73 Sellers of the North had regarded Douglas as an ally of the South, and his admitted ambition for the Presidency gave coltr to this suspicion. He it was who rejjorted and carried through Congress the bill for the repeal of the Missouri Compromise, a measure which at that time was thought to obstruct tSouthern designs in the territories of the great West, but tliis rei)eal proved in fact the first plain steps toward the free- dom of the territories. Having repealetl that comjiromise, something must take its place, and what better than "popular sovereignty," thought Douglas. Terri- tories contiguous to the Skive States, or in the same latitude, would thus naturally revert to slavery ; while those farther north, and at that time least likely of early set- tlement, would be dedicated to freedom. There was a grave miscalculation just here. Slave-owners were not apt to change their homesteads, and could not with either profit or convenience carry their property to new lands which might or might not be fruitful in the crops best adapted to slave labor. Slave-owners were few in number compared with the free citizens of the North and the thousands of immigrants annually landing on our shores. People who had once moved from the New Eng- land or Middle States westward, were rather fond of it, and many of these swelled the tide which constantly sought homes in the territories ; and where these did not go in person their sons and daugh- ters were quite willing to imitate the early adventures of their parents. All these counted for the North under the doctrine of " popular sovereignty," and it was the failure of that doctrine to aid the South which from this time forward caused that, section to mistrust the friendship of Douglas. No political writer has since questioned his motives, and we doubt if it can be done successfully. His views may have under- gone some change since 1850, and it would be singular if they had not ; for a mind as discerning as his could hardly fail to note the changes going on all about him, and no where more rapidly than in his own State. He thought his doetrine at least adapted to the time, and he stood by it with rare bravery and ability. If it had been accepted by the Republicans, it would have been fatal to their organization as a jiarty. We doubt the ability of any party to stand long upon any mere compromise, made to suit the exigencies and avoid the dangers of the moment. It may be said that our government, first based on a con- federacy and then a constitution, with a system of checks and balances, with a di- vision of power between the people and the States, is but a compromise ; but the a.ssertion will not hold good. These things were adopted because of a belief at the time that they were in themselves right, or as nearly right as those who participated in their adoption were given to see the right. There was certainly no attempt at a division of right and wrong, and the closest investigation will show nothing be- yond a surrender of power for the good of all, which is in itself the very essence and beginning of government. ^V'e have said that Douglas fought bravely for his idea, and every movement in his most remarkaijle campaign with Lincoln for the U. S. Senate demonstrated the fact. The times were full of agitation and excitement, and these were increased when it became apparent that Buchanan's administration would aid the effort to make Kansas a slave State. Douglas was the first to see that the application of ad- ministration machinery to his principle, would degrade and rob it of its fairness. He therefore resented Buchanan's inter- ference, and in turn Buchanan's friends sought to degrade him by removing him from the chairmanship of the Senate Com- mittee on Territories, the position which had given him marked control over all questions pertaining to the organization of territories and the admission of new States. The Lilucoln and Douglas Debate* The Senatorial term of Douglas was drawing near to its close, when in July, 1858, he left Washington to enter upon the eanviiss for re-election. The Republican State Convention of Illinois had in the month previous met at Springfield, and nominated Abraham Lincoln as a candi- date for United States Senator, this with a view to pledge all Republican members of the Legislature to vote for him — a practice since gone into disuse in most of the States, because of the rivalries which it engenders and the aggravation of the dangers of de- feat sure to follow in the selection of a can- didate in advance. " First get your goose, then cook it," inelegantly describes the basic principles of improved political tac- tics. But the Republicans, particularly of the western part of Illinois, had a double purpose in the selection of Lincoln. He was not as radical as they, but he well re- presented the growing Republican senti- ment, and he best of all men could cope with Douglas on the stump in a canvass which they desired should attract the at- tention of the Nation, and give shape to the sentiment of the North on all questions pertaining to slavery. The doctrine of " popular sovereignty " was not accejitable to the Republicans, the recent repeal of the JMissouri compromise having led them, or the more radical portion of them, to despise all compromise mea-^ures. The plan of the lUiuois Republicans, if 74 AMERICAN POLITICS. [book I. indeed it was a well-settled plan, accom- plished even more than was anticipated, though it did not result in immediate suc- cess. It gave to the debate which followed between Lincoln and Douglas a world-wide celebrity, and did more to educate and train the anti-slavery sentiment, taken in connection with the ever-growing excite- ment in Kansas, than anything that could have happened. Lincoln's speech before the convention which nominated him, gave the first clear expression to the idea that there was an "irrepressible conflict" between freedom and slavery. Wm. H. Seward on October 25th following, at Eochester, N. Y., ex- pressed the same idea in these words : " It is an irrepressible conjiict between opposing and enduring forces, and it means that the United States will sooner or later become either an entire slaveholding Na- tion, or an entirely free labor Nation." Lincoln's words at Springfield, in July, 1858, were : " If we could first know where we are, and whither we are tending, we could bet- ter judge what to do, and how to do it. We are now far into the fifth year, since a policy was initiated with the avowed object, and confident promise of putting an end to the slavery agitation. Under the operation of that jjolicy, that agitation has not only not ceased, but has constantly augmented. In my opinion it will not cease, until a crisis shall have been reached and passed. ' A house divided against itself cannot stand.' I believe this government cannot endure permanently half slave and half free. I do not expect the Union to be dis- solved — I do not exi)ect the house to fall — but I do expect it will cease to be divided. It will become all one thing, or all the other. Either the opponents of slavery will arrest the further spread of it, anil place it where the public mind shall rest in the belief that it is in the course of ulti- mate extinction ; or its advocates will i)ush it forward, till it shall become alike lawful in all the States, old as well as new — North as well as South." Douglas arrived in Chicago on the 9tli of July, and was warmly received by en- thusiastic friends. His doctrine of "pop- ular sovereignty " had all the attractions of novelty and apparent fairness. For months it divided many Reymblicans, and at one time the New York yv/6»7ie showed indications of endorsing the j)Osition of Douglas — a fart pro])a!)ly tracea])le to the attitude of jealousy and hostility ninnifested toward liini by the- lUu-lianan administra- tion. Neither of tlie great debaters were to be wholly free in the coming contest. Douglas was undermined by Hndiaiiun, who fcMred him iis a rivid, and by the, more bitter friends of slavery, who could not see that the new doctrine was safely in their interest ; but these things were dwarfed in the State conflict, and those who shared such feelings had to make at least a show of friendship until they saw the result. Lincoln was at first handicapped by the doubts of that class of Republicans who thought " popular sovereignty " not bad Republican doctrine. On the arrival of Douglas he replied to Lincoln's Springfield speech ; on the 16th he spoke at Bloomington, and on the 17th, in the afternoon, at Springfield. Lincoln had heard all three speeches, and replied to the last on the night of the day of its delivery. He next addressed to Douglas the following challenge to debate : Chicago, July 24th, 1858. Hon. S. a. Douglas : — My Dear Sir .• — Will it be agreeable to you to make an ar- rangement to divide time, and address the same audience, during the present canvass? etc. Mr. Judd is authorized to receive your answer, and if agreeable to you, to en- ter into terms of such agreement, etc. Your obedient servant, A. Lincoln. Douglas promptly accepted the chal- lenge, and it was arranged that there should be seven joint debates, each alternately opening and closing, the opening speech to occupy one hour, the rejoly one hour and a half, and the closing half an hour. They spoke at Ottawa, August 21st ; Free- port, August 27th ; Jonesboro', September 15th ; Charleston, September 18tli ; Gales- burg, October 7tli ; Quincy, October 13th ; and Alton, October 15th. We give in Book III of this volume their closing speeches in full. Great crowds attended, and some of the more enterprising daily journals gave pho- nographic reports of the speeches. The enthusiasm of the North soon ran in Lin- coln's favor, though Douglas had hosts of friends ; but then the growing and the aggressive party was the Republican, and even the novelty of a new and attractive doctrine like that of " ])opular sovereignty" could not long divert their attention. The prize suspended in view of the combat- ants was the United States Senatorship, and to close political observers this was plainly within the grasp of Douglas by reason of an ajiportionment which woidd give his party a majority in the Legisla- ture, even though the jiopular majority should be twenty thousand against him — a system of ap])ortionment, by the way, not confineil to Illinois alone, or not pecu- liar to it in the work of any of the great j)ar- tics at any period when party lines were drawn. Buchanan closely watched the fight, and it was charged and is still believed by the friends of the " Little Giant," that the BOOK I.] THE LINCOLN AND DOUGLAS DEBATE. 75 administration secretly employed its pa- tronage and power to dei'eat him. Certain it is that a lew prominent Dt'mocrats de- serted the standard of Douglas, and that some of them were rewarded. In the heat of the hattle, however, Douglas' friends were careless of the views of the adminis- tration. He was a greater leader than Buchanan, ami in Illinois at least he over- shadowed the administration. He lacked neither money nor friends. Special trains of cars, banners, cannon, bands, ])roces- sions, were all supplied with lavish hands. The democracy of Illinois, nor yet of any other State, ever ditl so well before or since, and if the administration had been with him this enthusiasm might have spread to all other States and given his doctrine a larger and more glorious life. Only the border States of the South, how- ever, saw opportunity and glory in it, while the office-holders in other sections stood off and awaited results. Lincoln's position was different. He, douljtless, early realized that his chances for election were rcniote indeed, with the apportionment as it was, and he sought to impress the nation with the truth of his convictions, and this without other dis- play than the force of their statement and publication. Always a modest man, he was never more so than in this great battle. He declared that he did not care for tlie local result, and in the light of what tran- spired, the position was wisely taken. Douglas was apparently just as earnest, though more ambitious ; for he declared in the vehemence of the advocacy of his doctrine, that " he did not care whether slavery was voted up or voted down." Douglas had more to lose than Lincoln — a place which his high abilities had hon- ored in the United States Senate, and which intriguing enemies in his own party made him dou])ly anxious to hold. Beaten, and he was out of the field for the Presi- dency, with his enthroned rival a candi- date for re-election. Successful, and that rival must leave the field, with himself in direct command of a great majority of the party. This view must have then been presented, but the rapid rise in public feel- ing made it in ])art incorrect. The calcu- lation of Douglas that he could at one and the same time retain the good will of all his political friends in Illinois and those of the South failed him, though he did at the time, and until his death, better represent the majority of his party in the whole country than any other leader. At the election whieh followed the de- bate, the popular choice in the State as a whole was for Lincoln by 120,084 to 121,- 940 for Douglas ; but the apportionment of 18^30 gave to Douglas a plain majority of the Senators and Representatives. .At the Freeport meeting, August 27th, there were sharp questions and answers between the debaters. They were brouLdit on by Lincoln, who, after alluding to some questions propounded to him at Ottawa, said : " I now propose that I will answer any of the interrogatories, upon condition that he will answer questions from me not ex- ceeding the same number, to which I give him an o])portunity to respond. The judge remains silent; I now say that I will iin- swer his interrogatories, whether he an- swer mine or not, and that after I have done so I shall propound mine to him. " I have sujjposed myself, since the or- gitnization of the Republican j)arty at Bloomington in May, 185(3, bound as a party man by the platforms of the party, there, and since. If, in any interrogatories which I shall answer, I go beyond the scope of what is within these platforms, it will be perceived that no one is responsible but myself " Having said thus much, I will take up the judge's interrogatories as I find them printed in the Chicago Times, and answer them seriatim. In order that there may be no mistake about it, I have copied the interrogatories in writing, and also my answers to them. The first one of these interrogatories is in these words : Question 1. — I desire to know whether Lincoln to-day .stands, as he did in 1854, in favor of the unconditional repeal of the Fugitive Slave Law ? Answer. — I do not now, nor ever did, stand in favor of the unconditional repeal of the Fugitive Slave Law. (}. 2. — I desire him to answer whether he stands pledged to-day, as he did in 1854, against the admission of any more slave States into the Union, even if the people want them ? A. — I do not now, nor ever did, stand pledged against the admission of any more slave States into the Union. Q. 3 — I want to know, whether he stands pledged against the admission of a new State into the Union, with .such a Consti- tution as the people of the State may see fit to make ? A. — I do not stand pledged against the admission of a new State into the Union, with such a Constitution as the people of the State may see fit to make. Q. 4. — I want to know wliether he stands to-day pledged to the aliolition of slavery in the District of Columbia? A. — I do not stand to-day pledged to the abolition of slavery in the District of Co- lumbia. Q. 5. — I desire him to answer whether he stands pleilged to the prohibition of tiie slave trade lietAveen the different States? A. — I do not staml pledged to jtrohibi- tion of the slave trade between the different States. 76 AMERICAN POLITICS. [book I. Q. 6. — I desire to know whether he stands pledged to prohibit slavery in all the Territories of the United States, North as well as South of the Missouri Compro- mise line ? A. — I am impliedly, if not expressly, pledged to a belief in the right and duty of Congress to prohibit slavery in all of the United States' Territories. Q. 7. — I desire him to answer, whether he is opposed to the acquisition of any new territory, unless slavery is first prohibited therein ? A. — I am not generally opposed to honest acquisition of territory ; and in any given case, I would or would not oppose such ac- quisition, according as I might think such acquisition would or would not aggravate the slavery question among ourselves. " Now, my friends, it will be perceived upon an examination of these questions and answers, that so far, I have only an- swered that I was not pledged to this, that, or the other. The judge has not framed his interroga- tories to ask me anything more than this and I have answered in strict accordance with the interrogatories, and have answered truly, that I am not jjledged at all upon any of the points to which I have an- swered. But I am not disposed to hang upon the exact form of his interrogatories. I am rather disposed to take up, at least some of these questions, and state what I really think upon them. " The fourth one is in regard to the abo- lition of slavery in the District of Colum- bia. In relation to that, I have my mind very distinctly made up. I should be very glad to see slavery abolished in the Dis- trict of Columbia. I believe that Congress possesses the constitutional power to abolish it. Yet, as a member of Congress, I should not, with my present views, be in favor of endeavoring to abolish slavery in the Dis- trict of Columbia, unless it should be upon these conditions: First, That the aboli- tion should be gradual ; Second, That it should be on a vote of a majority of quali- fied voters in the District; and Third, That compensation should be made to un- willing owners. With these three condi- tions, I confess I would be exceedingly glad to see Congress abolish slavery in the District of Columbia, and in the lan- guage of Henry Clay, ' sweep from our Capital that foul blot upon our nation.' " I now proceed to propound to the judge the interrogatories, so far as I have framed tlicm. I will bring forward a new in- stalment when I get them ready. I will bring now only four. The first one is: — 1. If the people IV Kansas sliall, ])y means entirely unol)jecti(nuil)le in;ill otiier respects, adopt a State Constitution and ask admission into the Union under it before they have the requisite number of inhabitants, according to the English bill — some ninety-three thousand — will he vote to admit them? 2. Can the people of the United States Territory, in any lawful way, against the wish of any citizen of the United States, exclude slavery from its limits prior to the formation of a State Constitution ? 3. If the Supreme Court of the United States shall decide that States cannot ex- clude slavery from their limits, are you in favor of acquiescing in, adopting and fol- lowing such decision as a rule of political action ? 4. Are you in favor of acquiring addi- tional territory in disregard of how much acquisition may affect the nation on the slavery question? To these questions Mr. Douglas said: " In reference to Kansas, it is my opinion that, as she has population enough to con- stitute a slave State, she has people enough for a free State. I hold it to be a sacred rule of universal application, to require a Territorj^ to contain the requisite popula- tion for a member of Congress, before it is admitted as a State into the Union. 2. "It matters not what way the Supreme Court may hereafter decide, as to the ab- stract question whether slavery may or may not go into a Territory under the Constitution, the people have the lawful means to introduce it, or exclude it as they please, for the reason that slavery cannot exist a day, or an hour, anywhere, unless it is supported by local police regulations. These police regulations can only be estab- lished by the local legislature, and if the people are opposed to slavery, they will elect representatives to that body, who will, by unfriendly legislation, efiec'tually pre- vent the introduction of it into their midst. If, on the contrary, they are for it, their legislation will favor its extension. Hence, no matter what the decision of the Su- preme Court may be on that abstract question, still the right of the peo])le to make a slave Territory or a free Terri- tory is perfect and complete under the Nebraska bill. " 3. The third question which Mr. Lin- coln presented is, if the Supreme Court of the United States shall decide tliat a State of this Union cannot exclude slavery from its own limits, will I submit to it? I am amazed that Mr. Lincoln should ask such a question. He casts an imputation upon the Su- preme Court of the United States by sup- ])osing that they would violate the consti- tution of the United Slates. I tell him that such a thing is not i)ossible. It would l)e an act of moral treason that no man on the bench could ever descend to. I\Ir. Lincoln, himself, would never, in his par- tisan feelings, so far forget Avhat was right as to be guilty of such an act. BOOK I.] THE KANSAS STRUGGLE. 77 4. With our natural increase, growing with a rapidity unknown in any other part of the globe, with the tide of emigration that is fleeing from desjiotism in the old world, to seek refuge in our own, there is a constant torrent pouring into this coun- try that requires more land, more terri- tory upon which to settle, and just as last as our interests and our destiny require an additional territory in the North, in the South, or on the Island of the Ocean, I am for it, and when we require it, will leave the people, according to tlie Nebraska bill, free to clo as they please on the sub- ject of slavery, and every other ques- tion." The bitterness of the feelings aroused by the canvass and boldness of Douglas, can both be well shown by a brief abstract from his speech at Freeport. He had per- sisted in calling the Republicans " Black Republicans," although the crowd, the great majority of which was there against im, insisted that he should say " iVIiite Republican." In response to these oft re- peated demands, ho said : — " Now, there are a great many Black Republicans of you who do not know this thing was done. (" White, white, and great clamor)." I wish to remind you that while Mr. Lincoln was speaking, there was not a Democrat vulgar and black- guard enough to interrupt him. But I know that the shoe is pinching you. I am clinching Lincoln now, and you are scared to death for the result. I have seen this thing before. I have seen men make ap- pointments for discussions and the mo- ment their man has been heard, try to in- terrupt and prevent a fair hearing of the other side. I have seen your mobs before and defy your wrath. (Tremendous ap- plause.) "^My friends, do not cheer, for I need my whole time. " I have been put to severe tests. I have stood by my principles in fair weather and in foul, in the sunshine and in the rain. I have defended the great princii)le of self-government here among you when Northern sentiment ran in a torrent against me, and I have defended that same great principle when Southern sentiment came down like an avalanche upon me. I was not afraid of any test they put to me. I knew I was right — I knew my principles were sound — I knew that the people would see in the end that I had done right, and I knew that the God of Heaven would smile upon me if I was faithful in the per- formance of my duty." As an illustration of the earnestness of Lincoln's position we need only quote two paragraphs from his speech at Alton : — "Is slavery wrong? That is the real issue. That "is the issue that will continue in this country when these poor tongues of Judge Douglas and myself shall be silent. It is the eternal struggle between these two j)rincii)les — right and wrong — throughout the world. They are two principles that have stood face to face from the beginning of time; and will ever continue to struggle. The one is the common right of humanity, and the other the divine right of Kings. It is the same principle in whatever shape it develops itself It is the same spirit that says, ' you work and toil, and earn bread, and I'll eat it.' No matter in what shaj>e it comes, whether from the mouth of a King who seeks to bestride the people of his own nation and life by the fruit of their labor, or trom one race of men as an apology for enslaving another race, it ia the same tyrannical principle." And again : — " On this subject of treating it as a wrong, and limiting its spread, let me say a word. Has anything ever threatened the existence of this Union save and except this very institution of slavery? What is it that we hold most dear among us ? Our own liberty and prosperity. What has ever threatened our liberty and prosperity save and except this institution of slavery ? If this is true, how do you propose to im- prove the condition of things? by enlarging slavery ? — by spreading it out and making it bigger? You may have a wen or cancer upon your person and not be able to cut it out, lest you bleed to death ; but surely it is no way to cure it, to engraft it and spread it over your whole body. That is no proper Avay of treating what you regard a wrong. You see this peaceful way of dealing with it as a wrong — restricting the spread of it, and not allowing it to go into new countries where it has not already existed. That is the peaceful way, the old-fashioned way, the way in which the fathers themselves set us the ex- ample." The administration of Pierce had left that of Buchanan a dangerous legacy. He found the pro-slavery party in Congress temporarily triumphant, it is true, and supported "by the action of Congress in re- jecting the Topeka constitution and rec- ognizing the territorial government, but he found that that decision was not accep- table either to the majority of the people in the country or to a rapidly rising anti- slavery sentiment in the North. Yet he saw but one course to pursue, and that was to sustain the territorial government, which had issued the call for the I>ecompton con- vention. He was supported in this view by the action of the Supreme Court, which had decided that slavery existed in Kansas under the constitution of the United States, and that the people therein could only re- lieve themselves of it by the election of delegates who would prohibit it in the constitution to be framed by the Lecomp- 78 AMERICAN POLITICS. [book I. ton convention. The Free State men re- fused to recognize the call, made little, if any, preparation for the election, yet on the last day a number of them voted for State officiiils and a member of Congress under the Lecompton constitution. This had the effect of suspending hostilities be- tween the parties, yet peace was actually maintained only by the intervention of U. S. troops, under the command of Col. Sumner, who afterwards won distinction in the war of the rebellion. The Free State people stood firmly by their Topeka constitution, and refused to vote on ques- tions atiecting delegates to the Lecompton convention. They had no confidence in Governor Walker, the appointee of Presi- dent Buchanan, and his proclamations passed unheeded. They recognized their own Governor Robinson, who in a message dated December 7th, 1857, explained and defended their position in these words : •' The convention which framed the con- stitution at Topeka originated with the people of Kansas territory. They have adopted and ratified the same twice by a direct vote, and also indirectly through two elections of State officers and members of the State Legislature. Yet it has pleased the administration to regard the whole proceeding as revolutionary." The Lecompton convention, proclaimed by Governor Walker to be lawfully con- stituted, met for the second time, Sept. 4th, 1857, and proceeded to frame a constitu- tion, and adjourned finally Nov. 7th. A large majority of the delegates, as in the first, were of course pro-slavery, because of the refusal of the anti-slavery men to participate in the election. It reused to submit the whole constitution to the people, it is said, in opposition to the desire of President Buchanan, and part of his Cabinet. It submitted only the question of whether or not slavery should exist in the new State, and tliis they were required to do under the Kansas-Nebraska act, if indeed they were not required to submit it all. Yet such was tlie hostility of the pro-slavery men to sulimission, that it was only l)y three majority the proposition to submit tlie main question was adopted — a confession in advance that the result was not likely to favor their side of the con- troversy. But six weeks' time was also allowed for preparation, the election being ordered for Dec. 21st, 18r)7. Still another advantage was taken in the printing of the ballots, as ordered by the convention. The method jircscribed was to endorse the bal- lots, "Constitution witli Slavery," and "Constitution with no Shivery, thus com- pelling the voter, however adverse his views, as to other parts of the Constitution, to vote for it as a whole. As a conscfiuence, (at least this wa.s given as one of the rea- sons,) the Free State men as a rule refused to participate in the election, and the result as returned was 6,143 votes in favor of slaveiy, and 589 against it. The constitu- tion was annonhced as adopted, an election was ordered on the first Monday of Janu- ary, 1858, for State officers, members of the Legislature, and a member of Congress. The opponents of the Lecompton constitu- tion did not now refrain from voting, partly because of their desire to secure the repre- sentative in Congress, but mainly to secure an opportunity, as advised by their State officers, to vote down the Lecompton con- stitution. Both parties warmly contested the result,' but the Free State men won, and with their general victory secui'ed a large majority in the Legislature. The ballots of the Free State men were now headed with the words " Against the Lecompton Constittition," and they re- turned 10,226 votes against it, to 134 for it with slavery, and 24 for it against slavery. This return was certified by J. W. Denver, " Secretary and Acting Governor," and its validity was endorsed by Douglas in his report from the Senate Territorial Com- mittee. It was in better accord with his idea of popular sovereignty, as it showed almost twice as large a vote as that cast under the Lecompton plan, the fairness of the return not being disputed, while that of the month previous was disputed. But their previous refusal to vote on the Lecompton constitution gave their oppo- nents an advantage in position strangely at variance with the wishes of a majority of the people. The President of that conven- tion, J. Calhoun, forwarded the document to the I'resident with an official request that it be submitted to Congress. This was done in a message dated 2d February, 1858, and the President recommended the admission of Kansas under it. This message occasioned a violent debate in Congress, which continued for three months. It was replete with sectional abuse and bitterness, and nearly all the members of both Houses participated. It finally closed with the i)assflge of the '' Act for the admission of the State of Kansas into the Laiion," passed May 4th, 1858. This Act had been reported by a committee of conference of both Houses, and was passed in the Senate by 31 to 22, and in the Llouse by 112 to 103. There was a strict party vote in the Senate with the excejition of Mr. Douglas, C. E. Stuart of Michigan, and D. C. Broderick of Cal- ifornia, who voted with the Republican minority. In the House several anti- Lecomjiton democrats voted with the Re- ))ul)lican minority. These were Messrs. Adrian of New Jersey ; Chapman of I'enn- sylvania; Clark of New York; Cockerill of Ohio; Davis of Indiana; Harris of Il- linois; Jlaskin of New York ; Hickman of Pennsylvania; McKibben of California; n-nt BOOK I.] THE KANSAS STRUGGLE, 79 Marshall of Illinois ; Morgan of New York ; Morris, 8ha\v, and Smith of Illinois. The Americans wlio voted witli the Repub- licans were Crittenden of Kentucky ; Davis of IMaryland ; Marsliall of Kentucky ; Rieaud of Maryland ; Underwood of Ken- tucky. A number of those previously chissed as Anti-Lecompton Democrats voted against their colleagues of the same faction, and consequently against the bill. These were Messrs. Cockerill, Gwesheck, Hall, Lawrence, Pendleton and Cox of Oiiio; English and Foley of Indiana; and Jones of l*ennsylvania. The Americans who voted against the bill were Kennedy of Maryland ; Amlerson of Missouri ; Eus- tis of Louisiana ; Gilmer of North Caro- lina; Hill of Georgia; Maynard, Ready and Zollicotrer of Tennessee; and Trippe of Georgia. Iiecompton Constitution. The following are the political features of the Lecompton constitution : Article VII. — Slavery. Sec. 1. The right of property is before and higher than any constitutional sanc- tion, and the right of the owner of a slave to such slave and its increase is the same, and as inviolable as the right of the owner of any property whatever. Sec. 2. The legislature shall have no power to pass laws for the emancipation of slaves without the consent of the owners, or without paying the owners previous to their emancipation a full equivalent in money for the slaves so emancipated. They shall have no power to j)revent emigrants to the state from bringing with them such persons as are deemed slaves by the laws of any one of the United States or territories, so long as any person of the same age or description shall be continued in slavery by the laws of this state : Provided, That such person or slave be the bona fide property of such emigrants: And provided, also, That laws may be passed to prohibit the introduc- tion into this state of slaves who have committed high crimes in other states or territories. They shall have power to pass laws to iiermit the ownerjs of slaves to emancipate them, saving the rights of creditf)rs, and preventing thorn from be- coming a public charge. They shall have power to oblige the owners of slaves to treat them with humanity, to provide for them necessary food and clothing, to ab- stain from all injuries to theni extending to life or limb, ami, in case of their neglect or refusal to comply with the direction of such laws, to have such slave or slaves sold for the benefit of the owner or owners. Sec. 3. In the prosecution of slaves for crimes of higher grade than petit larceny, the legislature shall have no power to de- prive them of an impartial trial by a petit jury- Sec. 4. Any person who shall mali- ciously dismember, or deprive a slave of life, shall sulfer such punishment as would be inflicted in case the like offence had been committed on a free white person, and on the like proof, except in case of insurrection of such slave. Free Negroes. Bill of Rights, Sec. 23. Free negroes shall not be alloweil to live in this state under any circumstances. Article VIII. — Elections and Rights of Suffrage. Sec. 1. Every male citizen of the United States, above the age of twenty- one years, having resided in this state one year, and in the county, city, or town in which he may offer to vote, three months next preceding any election, shall have the qualifications of an elector, and be en- titled to vote at all elections. And every male citizen of the United States, above the age aforesaid, who may be a resident of the state at the time this constitution shall be adopted, shall have the right of voting as aforesaid ; but no such citizen or inhabitant shall be entitled to vote ex- cept in the county in which he shall actually reside at the time of the elec- tion. Tlie Topeka Constitntlon. The following are tlie political features of the Topeka constitution : Slavery. Bill of Rights, Sec. 6. There shall be no slavery in this state, nor involuntary servitude, unless for the punishment of crime. Amendments to the Constitution. Sec. 1. All propositions for amend- ments to the constitution shall be made by the General Assembly. Sec. 2. A concurrence of two-thirds of the members elected to each house shall be necessary, after which such proposed amendments shall be again referred to the legislature elected next succeeding said pul)lication. If passed by the second legislature by a majority of two-thirds of the members elected to each Iiouse. such amendments shall be republished as afore- said, for at least six months prior to the next general election, at which election such proposed amendments shall be sub- mitted to the people for their approval or ^0 AMERICAN POLITICS. [book I. rejection ; and if a majority of the electors voting at such election shall adopt such amendments, the same shall become a part of the constitution. Sec. 3. When more than one amend- ment is submitted at the same time, they shall be so submitted as to enable the electors to vote upon each amendment separately. No convention for the forma- tion of a new constitution shall be called, and no amendment to the constitution shall be, by the general assembly, made before the year 18t>5, nor more than once in five years thereafter. Submissio7i of Constitution to the People. Schedule, Sec. 2. That this constitution shall be submitted to the people of Kansas for ratification on the 15th day of Decem- ber next. That each qualified elector shall express his assent or dissent to the constitution by voting a written or printed ticket, labelled "Constitution," or "No Constitution;" which election shall be held by the same judges, and conducted under the same regulations and restric- tions as is hereinafter jjrovided for the election of members of the general assembly. Tlie Douglas Amendment. The following is the Douglas amend- ment, which really formed the basis of the bill for admission ; " It being the true intent and meaning of this act not to legislate slavery into any state or territory', nor to exclude it there- from, but to leave the people thereof per- fectly free to form and regulate their domestic institutions in their own way, subject onlv to the Constitution of tlie United States." The bill which passed on the 4th of May was known as the English bill, and it met the approval of Buchanan. To the measure was attached "a fundamental condition precedent," which arose from the fact that the ordinance of the convention accom- panying the constitution claimed for the new State a cession of the public lands six times greater than had been granted to other States, amounting in all to 23,500,- OUO acres. In lieu of this Congress pro- posed to submit to a vote of the people a proposition sf)ecifying the number of acres ana the purposes for which the money arising from their sale were to be used, and the acceptance of tliis was to be followed by a proclamation tliat " thereafter, and without furtlicr proceedings from (,'ongress the admission of the State of Kansas, into tlie Union, upon an ciiual footing with the original States in all rcspicts whatever, shall be complete and absolute." The con- dition was never fnHille(l, for the peo]»le at the election on the 2d of August, 1858, rejected it by a majority of 9,513, and Kan- sas was not admitted under the Lecompton constitution. Finally, and after continued agitation, more peaceful, however, than that which characterized the earlier stages of the strug- gle, the territorial legislature of Kansas called an election for delegates to meet and form a constitution. They assembled in convention at Wyandot, in July, 1859, and reported a constitution prohibiting slavery. This was adopted by a majority exceeding 4000, and under it Kansas was admitted to the Union on the 29th of January, 1861, The comparative quiet between the re- jection of the English proposition and the adoption of the Wyandot constitution, was at one time violently disturbed by a raid made by John Brown at Harper's Ferrj"-, with a view to excite the slaves to insur- rection. This failed, but not before Gov. Wise, of Virginia, had mustered his militia, and called for the aid of United States troops. The more radical anti-slavery men of the North were at first shocked by the audacity of an ofiense which many looked upon as an act of treason, but the anxiety of Virginia to hang Brown and all his followers who had been captured alive, changed a feeling of conservatism in tha North to one of sympathy for Bx'own and deeper hatred of slavery. It is but fair to say that it engendered hostility to the Union in the South. The right and wrong of slavery was thereafter more generally discussed than ever. The talent of the South favored it ; while, with at least a large measure of truth it can be said that the talent of the North opposed it. So bitter grew the feeling that soon the churches of the sections began to divide, no o{!ier political question having ever be- fore disturbed the Union. AVe have not pretended to give a com- plete history of the Kansas trouble either in that State or in Congress, nor yet a full history of the many issues raised on ques- tions which were but subsidiary to the main one of slavery. Our object is to show the relation of the political parties through- out that struggle, for we are dealing with the history of })arties from a national view, and not with battles and the minor ques- tions or details of parliamentary struggles. The contest had cemented the Democrats of the South as it had the Republicans of the North ; it divided both the Democrats of the North and the Americans in all sections. John Bell, of Tennessee, and Sam Houston of Texas, recognized leaders of the Americans, had shown their sym- pathy with the new stand taken by Doug- las, as early as 1S54. Bell, however, was less decided tlian Houston, and took his position with many qualifications. Hous- ton ojiposed even the rejical of the Mis- souri Compromise, and made the last speech I ( BOOK I. THE CHARLESTON CONVENTION. 81 against it in the Senate. Pie closed with these words: " In the discharge of my duty I have acted fearlessly. The events of the future are loft in the hands of a wise Providence, and, in my opinion, on the decision which we make upon tins question must depend union or disunion." These sentiments were shared by many Americans, and the great majority of them drifted into the Republican party. The Abolitionists from the beginning of the struggle, allied themselves with the Repub- licans, a few of their leaders proclaiming, however, that this party was not sufficiently advanced in its views. The Charleston Convention. Such was the condition of the parties when the Democratic national convention met at Charleston, S. C, on the 23d of April, 18G0, it being then the custom of the Democratic party, as it is of all ffiajor- ity parties, to call its convention first. It was composed of delegates from all the thirty-three States of the Union, the whole number of votes being 303. After the ex- ampl-^ of former Democratic conventions it adopted the two-third rule, and 202 votes were required to make nominations for President and Vice-President. Caleb Cush- ing, of ]\Iass., presided. From the first a radical difference of opinion was exhibited among the members on the question of slavery in the Territories. Almost the entire Southern and a minority of the Northern portion believed in the Dred Scott decision, and held that slave property was as valid under the constitution as any other class of property. The Douglas delegates stood firmly by the theory of poj)ular sovereignty, and avowed their in- difi'erence to the fact whether it would lead to the protection of slave property in the territories or not. On the second day a committee on resolutions consisting of one member from each State, selected by the State delegates, was named, and then a resolution was resolved unanimously " that this convention will not proceed to ballot for a candidate for the Presidency until the platform shall have been adopted." On the fifth day the committee on resolutions presented majority and minority reports. After a long discussion on the respective merits of the two reports, they were both, on motion of Mr. Bigler, of Pennsylvania, re-committed to the Committee on Reso- lutions, with a view, if possible, to promote harmony; but this ]iroved to be impracti- cable. On the sixth day of the Conven- tion (Saturday, April 28th.) at an evening session, Mr. Avery, of North Carolina, and Mr. Samuels, of Iowa, from the majority 6 and minority of the committee, again made opposite and conflicting reports on the question of slavery in the Territories. On this question the committee had divided from the beginning, the one portion em- bracing the fifteen members from the slaveholding States, with those from Cali- fornia and Oregon, and the other consist- ing of the members from all the free Slates east of the Rocky IMountains. On all other questions both re])orts substantially agreed. The following is the report of the major- ity made on this subject by Mr. Avery, of North Carolina, the chairman of the com- mittee : " Bcsolrcd, That the platform adopted by the Democratic party at Cin- cinnati be affirmed with the following ex- planatory resolutions : 1st. That the Gov- ernment of a Territory, organized by an act of Congress, is provisional and tempo- rary, and during its existence all citizens of the United States have an equal right to settle with their property in the Terri- tory, without their rights, either of person or property, being destroyed or impaired by Congressional or Territorial legislation. 2d. That it is the duty of the Federal Gov- ernment, in all its departments, to protect, when necessary, the rights of persons and property in the Territories, and wherever else its constitutional authority extends. 3d. That when the settlers in a Territory having an adequate population form a State Constitution, the right of sovereignty commences, and being consummated by admission into the Union, they stand on an equal footing with the people of other States, and the State thus organized ought to be admitted into the Federal Union whether its constitution prohibits or recog- nizes the institution of slavery." The following is the report of the minor- ity, made by Mr. Samuels, of Iowa. After re-affirming the Cincinnati platform by the first resolution, it proceeds: "Inas- much as dillerences of opinion exist in the Democratic party, as to the nature and ex- tent of the powers of a Territorial Legisla- ture, and as to the powers and duties of Congress, under the Constitution of the United States, over the institution of slavery within the Territories, Resolved, That "the Democratic party will abide by the decisions of the Supreme Court of the United States upon questions of constitu- tional law." After some preliminary remarks, Mr. Samuels moved the adoption of the minor- ity report as a substitute for that of the majority. This gave rise to an earnest and excited debate. The difference be- tween the parties was radical and irrecon- cilable. The South insisted that the Cin- cinnati platform, whose true construction in regard to slavery in the Territories had alwavs been denied by a portion of the Democratic party, should be explained and 82 AMERICAN POLITICS. [book I. settled by an express recognition of the principles decided by the Supreme Court. The North, on the other hand, refused to recognize this decision, and still main- tained the jjower to be inherent in the people of a Territory to deal with the Suestion of slavery according to their own iscretion. The vote was then taken, and the minority report was substituted for that of the majority by a vote of one hun- dred and sixty-five to one hundred and thirty-eight. The delegates from the six New England States, as well as from New York, Ohio, Indiana, Illinois, Michigan, Wisconsin, Iowa, and Minnesota, fourteen free States, cast their entire vote in favor of the minority report. New Jersey and Pennsylvania alone among the free States east of the Eocky Mountains, refused to vote as States, but their delegates voted as individuals. The means employed to attain this end were skillfully devised by the minority of the Pennsylvania delegation in favor of nominating Mr. Douglas. The entire del- egation had, strangely enough, placed this power in their hands, by selecting two of their number, Messrs. Cessna and Wright, to represent the whole on the two most im- portant committees of the Convention — that of organization and that of resolu- tions. These gentlemen, by adroitness and parliamentary tact, succeeded in abrogat- ing the former practice of casting the vote of the State as a unit. In this manner, whilst New York indorsed with her entire thirty-five votes the peculiar views of Mr. Douglas, notwithstanding there was in her delegation a majority of only five votes in their favor on the question of Territorial sovereignty, the effective strength of Penn- sylvania recognizing the judgment of the Supreme Court, was reduced to three votes, this being the majority of fifteen on the one side over twelve on the other. The question next in order before the Convention was upon the adoption of the second resolution of the minority of the committee, which had been substituted for the report of the majority. On this ques- tion Georgia, Louisiana, Alabama, Arkan- sas, Texas, Florida, and Mississippi re- fused to vote. Indeed, it soon appeared that on the question of the final adoption of this second resolution, which in fact amounted to nothing, it had scarcely any friends of either party in the Convention. The Douglas party, without explanation or addition, voted against it. On the other hand, the old Democracy could not vote for it witliout admitting that tlic Supreme Court had not already i)lace(l the right over slave property in the Territories on the same footing with all other property, and therefore they also voted against it. In consequence the resolution was nega- tived by a vote of only twcuty-oue in its favor to two hundred and thirty-eight. Had the seven Southern States just men- tioned voted, the negatives would have amounted to two hundred and eighty-two, or more than thirteen to one. Thus both the majority and the minority resolutions on the Territorial question were rejected, and nothing remained before the Conven- tion except the Cincinnati platform. At this stage of the proceedings (April 30th), the States of Louisiana, Alabama, South Carolina, Mississippi, Florida, Tex- as, and Arkansas, having assigned their reasons for the act, withdrew in succession from the Convention. Alter these seven States had retired, the delegation from Virginia made an efibrt to restore har- mony. Mr. Eussell, their chairman, ad- dressed the Convention and portrayed the alarming nature of the crisis. He ex- pressed his fears that we were on the eve of a revolution, and if this Convention should prove a failure it would be the last National Convention of any party which would ever assemble in the United States. " Virginia," said he, " stands in the midst of her sister States, in garments red with the blood of her children slain in the first outbreak of the 'irrepressible conflict.' But, sir, not when her children fell at mid- night beneath the weapon of the assassin, was her heart penetrated with so profound a grief as that which will wring it when she is obliged to choose between a sepa- rate destiny with the South, and her com- mon destiny with the entire Republic." Mr. Eussell was not then prepared to answer, in behalf of his delegation, whether the events of the day (the defeat of the majority report, and the withdrawal of the seven States) were sufficient to justify her in taking the irrevocable step in question. In order, therefore, that they might have time to deliberate, and if they thought proper make an efi'ort to restore harmony in the Convention, he expressed a desire that it might adjourn and aflbrd them an opportunity for consultation. The Con- vention accordingly adjourned until the next day, Tuesday, May 1st ; and imme- diately after its reassembling the delega- tion from Georgia, making the eighth State, also withdrew. In the mean time the Virginia delega- tion had consulted among themselves, and had conferred with the delegation of the other Southern States which still remained in the Convention, as to the best mode of restoring harmony. In consequence Mr. Howard, of Tennessee, stated to the Con- vention that " he had a proposition to pre- sent in behalf of the delegation from Ten- nessee, whenever, under parliamentary rules, it would be pro])er to present it." In this Tennessee was joined by Kentucky and Virginia. He should propose the fol- lowing resolution whenever it would be in BOOK I.] THE CHARLESTON CONVENTION. 83 order : ' Resolved, That the citizens of the United States have an equal right to set- tle with their property in the Territories of the United States ; and that, under the decision of the Supreme Court of the United States, which we recognize as the correct exposition of the Constitution of the United States, neither the rights of person nor property can be destroyed or jnpaired by Congressional or Territorial legislation.' '' On a subsequent day (May 3d), Mr. Rus- sell informed the Convention that this re- solution had, " he believed, received the ap[)robation of all the delegations from the Southern States which remained in the Convention, and also received the ap- probation of the delegation from New York. He was informed there was strength enough to pass it when in order." Mr. Howard, however, in vain attempted to obtain a vote on his resolution. When he moved to take it up on the evening of the day it had been otFered, he was met by cries of "Not in order," "Not in order." The manifest purpose was to postpone its consideration until the hour should arrh'c which had been fixed by a previous order of the Convention, in opposition to its first order on the same subject, for the balloting to commence for a Presidential candidate, when it would be too late. This the friends of Mr. Douglas accomplished, and no vote was ever taken upon it either at Charleston or Baltimore. Before the balloting commenced Mr. Howard succeeded, in the face of strong opposition, with the aid of the thirty-five votes from New York, in obtaining a vote of the Convention in re-affirmance of the two-thirds rule. On his motion they re- solved, by 141, to 112 votes, " that the Pre- sident of the Convention be and he is here- by directed not to declare any person nominated for the office of President or Vice-President, unless he shall have re- ceived a number of votes equal to two- thirds of the votes of all the electoral col- leges." It was well known at the time that this resolution rendered the regular nomination of Mr. Douglas impossible. The balloting then commenced (Tuesday evening, j\Iay Ist), on the eighth day of the session. Necessary to a nomination, under the two-thirds rule, 202 votes. On the first ballot Mr. -Douglas received 145} votes ; Mr. Hunter, of Virginia, 42 ; IVIr. Guthrie, of Kentucky, 3-5.}; Mr. Johnson, of Tennessee, 12; Mr. Dickinson, of New York, 7; Mr. Lane, of Oregon.- 6; Mr. Toucey, of Connecticut, 21 ; Mr. Davis, of Mississippi, li, and j\Ir. Pearce, of Marv- land, 1 vote. The voting continued until May 3d, during which there were fifty-four addi- tional ballotings. Mr. Dougl.as never rose to more than 152^, and ended in 151} votes, 202 votes being necessary to a nomi- nation. Until 1824 nominations had been made by Congressional caucus. In these none particii)ated except Senators and Demo- cratic States, and Representatives from Democratic Congressional districts. The simple majority rule governed in these caucuses, because it was morally certain that, composed as they were, no candidate could be selected against the will of the Democratic States on whom his election depended. But when a change was made to National Conventions, it was at once perceived that if a mere majority could nominate, then the delegates from Anti- Democratic States might be mainly instru- mental in nominating a candidate for whom they could not give a single electo- ral vote. Whilst it would have been harsh and inexpedient to exclude these States from the Convention altogether, it would have been unjust to confer on them a con- trolling power over the nomination. To compromise this difficulty, the two-thirds rule was adopted. Under its operation it would be almost impossible that a candi- date could be selected, without the votes of a simple majority of delegates from the Democratic States. This was the argu- ment of its friends. It had now become manifest that it was impossible to make a nomination at Charleston. The friends of Mr. Douglas adhered to him and would vote for him and him alone, whilst his opponents, ap- prehending the effect of his principles should he be elected President, were equally determined to vote against his nomination. In the hope that some compromise might yet be effected, the Convention, on the motion of Mr. Russell, of Virginia, resolved to adjourn to meet at Baltimore on JNIonday, the 18th June ; and it was " re- spectfully recommended to the Democratic party of the several States, to make pro- vision for supplying all vacancies in their respective delegations to this Convention when it shall re-assemble." The Convention re-assembled at Balti- more on the 18th June, 1860, according to its adjournment, and Mr. Cushing, the President, took the chair. Immediately after the reorganization of the Convention, Mr. Howard, of Tennes- see, oflered a resolution, " that the Presi- dent of this Convention direct the ser- geant-at-arms to issue tickets of admission to the delegates of the Convention, as orig- inally constituted and organized at Charles- ton." Thus the vitally important question was distinctly presented. It soon, how- ever, became manifest that no such reso- lution could prevail. In the absence of the delegates who had withdrawn at Charleston, the friends of Mr. Douglas constituted a controlling majority. At the 84 AMERICAN POLITICS. [book; I. threshold they resisted the admission of the original delegates, and contended that by withdrawing they had irrevocably re- signed their seats. In support of this po- sition, they relied upon the language of the resolution adjourning the Convention to Baltimore, which, as we have seen, "recommended to the Democratic party of the several States to make provision for supplying all vacancies in their respective delegations to this Convention, when it shall reassemble." On the other hand, the advocates of their readmission con- tended that a simple withdrawal of the delegates was not a final renunciation of their seats, but they were still entitled to reoccupy them, whenever, in their judg- ment, this course would be best calculated to restore the harmony and promote the success of the Democratic party ; that the Convention had no right to interpose be- tween them and the Democracy of their respective States ; that being directly re- sponsible to this Democracy, it alone could accept their resignation ; that no such re- signation had ever been made, and their authority therefore continued in full force, and this, too, with the approbation of their constituents. In the mean time, after the adjournment from Charleston to Baltimore, the friends of Mr. Douglas, in several of these States, had proceeded to elect delegates to take the place of those who had withdrawn from the Convention. Indeed, it was manifest at the time, and has since been clearly proved by tiie event, that these delegates represented but a small minority of the party in their respective States. These new delegates, nevertheless,appeared and demanded seats. * After a long and ardent debate, the Convention adopted a resolution, offered by Mr. Church, of New York, and modi- fied on motion of Mr. Gilmore, of Penn- sylvania, as a substitute for that of Mr. Howard, to refer " the credentials of all pei-sons claiming seats in this Convention, made vacant by the secession of delegates at Charleston, to the Committee on Cre- dentials.'' They thus prejudged the ques- tion, by deciding that the seats of these delegates had been made and were still vacant. The Committee on Credentials had been originally composed of one dele- gate from each of the tliirty-three States, but the number was now reduced to twen- ty-five, in consequence of the exclusion of eight of its members from the States of Georgia, Alabama, Mississippi, South Car- olina, Texas, Louisiana, Arkansas, and Florida. The committee, therefore, now stood 16 to 9 in favor of the nomination of Mr. Douglas, instead of 17 to Hi against it, according to its original organization. • From Mr. UiirtmnarrH AdminiHtratioii on fli" ovo of the Ilubelliuo, iiubluLiud by I). Aiijilutun &. Co., 18CG. The committee, through their chairman, Mr. Krum, of Missouri, made their report on the 21st June, and Governor Stevens, of Oregon, at the same time presented a minority report, signed by himself and eight other members. It is unnecessary to give in detail these conflicting reports. It is sufficient to state that whilst the report of the majority maintained that the delegates, by with- drawing at Charleston, had resigned their seats, and these were still vacant ; that of the minority, on the contrary, asserted the right of these delegates to resume their seats in the Convention, by virtue of their original appointment. On the next day (June 22), the impor- tant decision was made between the con- flicting reports. Mr. Stevens moved to substitute the minority report for that of the majority, and his motion was rejected by a vote of lOOj to 150. Of course no vote was given from any of the excluded States, except one half vote from each of the parties in Arkansas. The resolutions of the majority were then adopted in succession. Among other mo- tions of similar character, a motion had been made by a delegate in the majority to reconsider the vote by which the Con- vention had adopted the minority report, as a substitute for that of the majority, and to lay his own motion on the table. This is a common mode resorted to, ac- cording to parliamentary tactics, of de- feating every hope of a reconsideration of the pending question, and rendering the first decision final. Mr. Cessna with this view called for a vote on laying the motion to reconsider on the table. ' Should this be negatived, then the question of reconsideration would be open. The President stated the question to be first " on laying on the table the mo- tion to reconsider the vote by which the Convention refused to amend the majority report of the Committee on Credentials by substituting the report of the minority." On this question New York, for the first time since the meeting at Baltimore, voted with the minority and changed it into a majority. "When New York was called," says the report of the proceedings, " and re- sponded thirty-five votes" (in the nega- tive) "the res])onse was greeted with loud cheers and applause." The result of the vote was 113i to 138.]— "so the Convention refused to lay on the table the motion to reconsider the minority report." The Con- vention then adjourned until evening, on motion of Mr. Cochrane, of New York, amidst great excitement and confu.sion. This vote of New York, ajipearing to in- dicate a pur])ose to harmonize the i>arty by admitting tlie original delegates irom the eight absent States, was not altogether un- expected. Although voting as a unit, it BOOK I.J THE CHARLESTON CONVENTION. 85 was known that her delegation were greatly divided among theni.selves. The exact strength of the minority was afterwards stated by Mr. Bartlett, one of its memhers, in the Breckinridge Convention. He said: " Upon all questions and esjjecially upon the adoption of the majority report on cre- dentials, in which we had a long contest, the line was strictly drawn, and there were thirty on one side and forty on the other." The position of New York casting an un- divided vote of thirty-five, with Dean Rich- mond at their head, had been a controlling power from the commencement. Strong expectations were, therefore, now entertained that after the New York dele- gation had recorded their vote against a motion which would have killed the mi- nority report beyond hope of revival, they would now follow this up by taking the next step in advance and voting for its re- consideration and adoption. On the even- ing of the very same day, however, they reversed their course and voted against its reconsideration. They were then cheered by the opposite party from that which had cheered them in the morning. Thus the action of the Convention in favor of the majority report became final and conclu- sive. Mr. Cessna, of Pennsylvania, at once moved " that the Convention do now pro- ceed to nominate candidates for President and Vice-President of the United States." Mr. Russell rose and stated, " It has be- come my duty now, by direction of a large majority of the delegation from Virginia, respectfully to inform you and this body, that it is not consistent with their convic- tions of duty to participate longer in its deliberations." Mr. Leader next stated " that it became his duty, as one of the delegates from North Carolina, to say that a very large majority of the delegation from that State were compelled to retire permanently from this Convention, on account, as he conceived, of the unjust course that had been pursued toward some of their fellow-citizens of the South. The South had heretofore relied upon the Northern Democracy to give them therights which were justly due them ; but the vote to-day had satisfied the majority of the North Carolina delegation that these rights were now refused them, and, this being the case, they could no longer re- main in the Convention." Then followed in succession the with- drawal of the delegations from Tennessee, Kentucky, Maryland, California, Oregon, and Arkansas. The Convention now ad- journed at half-past-ten o'clock until the next morning at ten. Soon after the assembling of the Con- vention, the President, Mr. Gushing, whilst tendering his thanks to its members for their candid and honorable support in the performance of his duties, stated that not- withstanding the retirement of the delega- tions of several of the States at Charleston, in his solicitude to maintain the harmony and union of the Democratic party, he had continued in his post of labor. "To that end and in that sense," said he, " I had the honor to meet you, gentlemen, here at lialtimore. But circumstances have since transpired which compel me to pause. The delegations of a majority of the Stat&s have, either in whole or in part, in ono form or another, ceased to participate in the deliberations of the Convention. * * * In the present circumstances, I deem it a duty of self-resj)ect, and I deem it still more a duty to this Convention, as at jiresent organized, * * * to resign my seat as President of this Convention, in order to take my place on the floor as a member of the delegation from Massachu- setts. * * * I deem this above all a duty which I owe to the members of this Convention, as to whom no longer would my action represent the will of a majority of the Convention." Governor Tod, of Ohio, one of the Vice- Presidents, then took the vacant chair, and was greeted with hearty and long-continued cheers and applause from members of the Convention. Mr. Butler, of Massachusetts, now an- nounced that a portion of the Massachu- setts delegation desired to retire, but was interrupted by cries of " No," " No," " Call the roll." Mr. Cessna called for the original question, to wit, that the Conven- tion now proceed to a nomination for Pres- ident and Vice-President. The President here ordered the Secre- tary to call the States. Maine, New Hamp- shire, and Vermont were called, and they gave an unbroken vote for Stephen A. Douglas. When Massachusetts was called, Mr. Butler rose and said he had a respect- ful paper in his hand which he would desire the President to have read. A scene of great confusion thereupon ensued, cries of " I object" being heard upon all sides. Mr. Butler, not to be baffled, contended for his right at this stage to make remarks pertinent to the matter, and cited in his support the practice of the Conventions at Baltimore in 1848 and 1852, and at Cin- cinnati in 1856. He finally prevailed, and was permitted to proceed. He then said he " would now withdraw from the Con- vention, upon the ground that there had been a withdrawal, in whole or in part, of a majority of the States ; and further, which was a matter more personal to him- self, he could not sit in a convention where the African slave trade, which was piracy according to the laws of his country, was openly advocated." Mr. Butler then retired, followed by General Cashing and four others of the 86 AMERICAN POLITICS [book I. Massachusetts delegation. All of these had voted with the South and against Douglas. The balloting now proceeded. Mr. Douglas received 173i votes; Mr. Guthrie 9; Mr. Breckinridge 60 ; Mr. Bocock and Mr. Seymour each 1 ; and Mr. Dickerson and Mr. Wise each half a vote. On the next and last ballot Mr. Douglas received 181 J votes, eight of those in the minority having changed their votes in his favor. To account for this number, it is proper to state that a few delegates from five of the eight States which had withdrawn still remained in the Convention. On the last ballot Mr. Douglas received all of their votes, to wit : 3 of the 15 votes of Virginia, 1 of the 10 votes of North Carolina, U of the 3 votes of Arkansas, 3 of the 12 votes of Tennessee, 3 of the 12 votes of Ken- tucky, and 2^ of the 8 votes of Maryland, making in the aggregate 14 votes. To this number may be added the 9 votes of the new delegates from Alabama and the 6 from Louisiana, which had been admitted to the exclusion of the original dele- gates. Mr. Douglas was accordingly declared to be the regular nominee of the Democra- tic party of the Union, upon the motion of Mr. Church, of Xew York, when, accord- ing to the report of the proceedings, " The whole body rose to its feet, hats were waved in the air, and many tossed aloft ; shouts, screams, and yells, and every boisterous mode of expressing approbation and unanimity, were resorted to." Senator Fitzpatrick, of Alabama, was then unanimously nominated as the candidate for Vice-President ; and the Convention adjourned sijie die on the 23d June, the sixth and last day of its ses- sion. On the same day, but after the ad- journment, Mr. Fitzpatrick declined the nomination, and it was immediately con- ferred on Mr. Herschel V. Johnson, of Georgia, by the Executive Committee. Thus ended the Douglas Convention. But another Convention assembled at Baltimore on the same 23d June, styling itself the " National Democratic Conven- tion." It was composed chiefly of the delegates who had just withdrawn from the Douglas Convention, and tlie original delegates from Alabama and Louisiana. One of their first acts was to abrogate the two-third rule, as had been done by the Douglas Convention. Both acted under tlie same necessity, because the preserva- tion of this rule would have prevented a nomination by either. Mr. Cusliing was elected and took the chair as I'resident. In bis opening ad- dress he said: "Gentlcnion of the Con- vention, we assemble here, delegates to the National Democratic Convention, duly accredited thereto from more than twenty States of the Union, for the purpose of nominating candidates of the Democratic party for the offices of President and Vice- President of the United States, for the purpose of announcing the principles of the party, and for the purpose of continu- ing and re-establishing that party upon the firm foundations of the Constitution, the Union, and the coequal rights of the several States." Mr. Avery, of North Carolina, who had reported the majority resolutions at Charleston, now reported the same from the committee of this body, and they "were adopted unanimously, amid great applause." The Convention then proceeded to select their candidates, Mr. Loring, on behalf of the delegates from Massachusetts, who with Mr. Butler had retired Irom the Douglas Convention, nominated John O. Breckinridge, of Kentucky, which Mr. Dent, representing the Pennsylvania dele- gation present, " most heartily seconded." Mr. Ward, from the Alabama delegation, nominated E. M. T. Hunter, of Virginia"; Mr. Ewing, from that of Tennessee, nomi- nated Mr. Dickinson, of New York ; and Mr. Stevens, from Oregon, nominated General Joseph Lane. Eventually all these names were withdrawn except that of Mr. Breckinridge, and he received the nomination by a unanimous vote. The whole number of votes cast in his favor from twenty States was 103t. General Lane was unanimously nomi- nated as the candidate for Vice-President. Thus terminated the Breckinridge Conven- tion. The Chicago Republican Conf entlon. The Republicans had named May 16th, 1860, as the date and Chicago as the place for holding their second National Conven- tion. They had been greatly encouraged by the vote for Fremont and Dayton, and, Avhat had now become apparent as an ir- reconcilable division of the Democracy, encouraged them in the belief that they could elect their candidates. Those of the great West were especially enthusiastic, and had contributed freely to the erection of an immense " Wigwam," capable of holding ten thousand people, at Chicago. All the Northern States were lully repre- sented, and there were besides partial de- legations from Delaware, Maryland, Ken- tucky, Missouri and Virginia, with occa- sional delegates from other Slave States, there being none, however, from the Gulf States. David Wilmot, of Pen na., author of the Wilmot proviso, was made tempo- rary chairman, and George Ashman, of Mass., permanent President. No dilTer- encos were excited by the report of the com- mittee on platform, and the proceedings BOOK I.] THE AMERICAN CONVENTION. 87 throughout were characterized by great harmony, though there was a somewhat sharp contest for the Presidential nomina- tion. Tlie prominent candidates were Win. H. Seward, of New York; Abraham Lin- coln, of Illinois ; Salmon P. Chase, of Ohio; Simon Cameron, of Pennsylvania, and Edward Bates, of Missouri. There were three ballots, Mr. Lincoln receiving in the last 354 out of 446 votes. Mr. Sew- ard led the vote at the beginning, but he was strongly opposed by gentlemen in his own State as 2)n)nunent as Horace Greeley and Thurlow Weed, and his nomination was thought to be inexpedient. Lincoln's successful debate with Douglas was still fresh in the minds of the delegates, and every addition to his vote so heightened the enthusiasm that the convention was finally carried "olf its feet," the delegations rapidly changing on the last ballot. Lin- coln had been a known candidate but a month or two before, while Seward's name had been everywhere canvassed, and where opposed in the Eastern and Middle States, •it was mainly because of the belief that his views on slavery were too radical. He was more strongly favored by the Abolition branch of the party than any other candi- didate. When the news of his success was first conveyed to Mr. Lincoln he was sit- ting in the otfice of the State Journal, at Springfield, which was connected by a telegraph wire with the Wigwam. On the close of the third ballot a despatch was handed Mr. Lincoln. He read it in silence, and then announcing the result said: " There is a little woman down at our house would like to hear this — I'll go down and tell her," and he started amid the shouts of personal admirers. Hannibal Hamlin, of Maine, was nominated for Vice- President with much unanimity, and the Chicago Convention closed its work in a single day. The American Convention. A "Constitutional Union," really an American Convention, had met at Balti- fnore on the 9th of May. Twenty States were represented, and John Bell, of Ten- nessee, and Edward Everett, of Massachu- setts, were named for the Presidency and Vice-Presidency. Their friends, thougli known to be less in number than either those of Douglas, Lincoln or Breckinridge, yet made a vigorous canvass in the hope that the election would be thrown into the House, and that there a compromise in the vote by States would naturally turn toward their candidates. The result of the great contest is elsewhere given in our Tabulated History of Politics. THE PRINCIPLES INT'OLVEP. Lincoln received large majorities in nearly all of thefree States, hia popular vote being 1,806,452; electoral vote, 180, Douglas was next in tlie pojjular estimate, receiving 1,375,157 voti-s, with but 12 elec- tors. Breckinridge had 847,053 votes, with 76 electors; Bell, with 57U,631 votes, had 39 electors. The principles involved in the contro- versy are given at length in the Book of Platforms, and were briefly these : The Republican party asserted that slaverj sbould not be extended to the territories ; that it could exist only by virtue of local and positive law ; that freedom was na- tional; that slavery was morally wrong, and the nation should at least anticipate its gradual extinction. The Douglas wing of the Democratic party adhered to the doctrine of popular sovereignty, and claimed that in its exercise in the terri- tories they were indifferent whether slavery- was voted up or down. The Breckinridge wing of the Democratic party asserted both the moral and legal right to hold slaves, and to carry them to the territories, and that no power save the national constitu- tion could prohibitor interfere with it out- side of State lines. The Americans sup- porting Bell, adhered to their peculiar doctrines touching emigration and natural- ization, but had abandoned, in most of the States, the secrecy and oaths of the Know- Nothing order. They were evasive and non-committal on the slavery question. Preparing for Secession. Secession, up to this time, had not been regarded as treasonable in all sections and at all times. As shown in many previous pages, it had been threatened by the Hart- ford Convention; certainly by some of .the people of New England who opposed the war of 1812. Some of the more extreme Abolitionists had favored a division of the sections. The South, particularly the Gulf States, had encouraged a secret organiza- tion, known as the " Order of the Lone Star," previous to and at the time of the annexation of Texas. One of its objects was to acquire Cuba, so as to extend slave territory. The Gulf States needed more slaves, and though the law made partici- pancy in the slave trade piracy, many car- goes had been landed in parts of the Gulf without protest or prosecution, just prior to the election of 1800. 'Calhoun had threatened, thirty years before, nullifica- tion, and before that again, secession in the event of the passage of the Public Land Bill. Jefferson and Madison had indicated that doctrine of State Rights on which secession was based in the Kentucky and Virginia resolutions of 1708, facti which were daily discussed by the people of the South during this most exciting of all Presidential campaigns. The leaders in the South had anticipated defeat at the election, and many of them 88 AMERICAN POLITICS. [booe I. made early preparations for the withdrawal of their States from the Union. Some of the more extreme anti-slavery men of the Korth, noting these preparations, for a time favored a plan of letting the South go in peace. South Carolina was the first to adopt a secession ordinance, and before it did so, Horace Greeley said in the New York Tribune: " If the Declaration of Independence justified the secession from the British Empire of three millions of colonists in 1776, we can not see why it would not jus- tify the secession of five millions of South- rons from the Federal Union in 18G1." These views, however, soon fell into dis- favor throughout the North, and the period of indecision on either side ceased when Fort Sumter was fired upon. The Gulf States openly made their preparations as soon as the result of the Presidential elec- tion was known, as a rule pursuant to a previous understanding. The following, condensed from Hon. Edward McPher- son's " Political History of the United States of Amei-ica during the Great Rebellion," is a correct statement of the movements which followed, in the several Southern States: SOUTH CAROLINA. November 5th, 1860. Legislature met to choose Presidential electors, who voted for Breckinridge and Lane for President and Vice President. Gov. William H. Gist recommended in his message that in the event of Abraham Lincoln's election to the Presidency, a convention of the people of the State be immediately called to consider and determine for themselves the mode and measure of redress. He ex- pressed the opinion that the only alterna- tive left is the " secession of South Caro- lina from the Federal Union." 7th. United States oflScials resigned at Charleston. 10th. U. S. Senators James H. Ham- mond and James Chestnut, Jr., resigned their seats in the Senate. Convention called to meet Dec. 17th. Delegates to be elected Dec. 6th. 13th. Collection of debts due to citi- zens of non-sl:iveholding States stayed. Francis W. Pickens elected Governor, 17th. Ordinance of Secession adopted unanimously. 21st. Commissioners appointed (Barn- well, Adams, and Orr) to proceed to Washington to treat for the possession of U. S. Government property within the lim- its of South Carolina. Coirinii«sioner3 ap- pointed to the other slavoholding States. Southern Congress proposed. 24th. Representatives in Congress with- drew. Gov. Pickens issued a proclamation " announcing the repeal, Dec. 20th, 18G0, by the good people of South Carolina," of the Ordinance of May 23d, 1788, and " the dissolution of the union between the State of South Carolina and other States under the name of the United States of Ameri- ca," and proclaiming to the world " that the State of South Carolina is, as she has a right to be, a separate, sovereign, free and independent State, and, as such, has a right to levy war, conclude peace, negotiate treaties, leagues, or covenants, and to do all acts whatsoever that rightfully apper- tain to a free and independent State. " Done in the eighty-fifth year of the sovereignty and independence of South Carolina." Jan. 3d, 1861. South Carolina Com- missioners left Washington, 4th, Convention appointed T. J. With- ers, L. M. Keitt, W. W. Bovce, Jas. Chest- nut, Jr., E. B. Rhett, Jr., R*. W. Barnwell, and C. G. Memminger, delegates to South- ern Congress. 5th. Convention adjourned, subject to the call of the Governor. 14th. Legislature declared that any at- • tempt to reinforce Fort Sumter would be considered an open act of hostility and a declaration of war. Approved the Gov- ernor's action in firing on the Star of the West. Accepted the services of the Cataw- ba Indians. 27th, Received Judge Robertson, Com- missioner from Virginia, but rejected the proposition for a conference and co-oper- ative action. March 26th. Convention met in Charles- ton. April 3d. Ratified "Confederate" Con- stitution — yeas 114, nays 16, 8th. Transferred forts, etc., to " Con- federate " government. GEORGIA. November 8th, 1860. Legislature met pursuant to previous arrangement. 18th. Convention called. Legislature appropriated $1,000,000 to arm the State. Dec. 3d. Resolutions adopted in the Leg- islature i)roposing a conference of the Southern States at Atlanta, Feb, 20th, January 17th, 1861. Convention met. Received Commissioners from South Caro- lina ^nd Alabama 18th. Resolutions declaring it the right and duty of Georgia to secede, adopted — yeas 165, nays 130. 19th. Ordinance of Secession passed — yeas 208, nays 89. 21st. Senators and Representatives in Congress witlulrew. 24th. Elected Delegates to Southern Congress at Montgomery, Alabama. 2Sth. Elected Commissioners to other Slaveholding States. 291 h. Adopted an address " to the South and the world." BOOK I.] PREPARING FOR SECESSION. 89 March 7th. Convention reassembled. 10th. Ratified the " Confederate" Consti- tution — yeas 9G, nays 5. 20th. Ordinance passed authorizing the " Confederate" government to occupy, use and possess tlie forts, navy yards, arsenals, and custom houses within the limits of said State. April 26th. Governor Brown issued a proclamation ordering the repudiation by the citizens of Georgia of all debts due Northern men. MISSISSIPPI. November 26lh, ISGO. Legislature met Nov. 2(>tli, and ailjourned Nov. 3()th. Elec- tion for Convention fixed for Dec. 20th. Convention to meet Jan 7th. Convention bills and secession resolutions passed unani- mously. Commissionci's appointed to other Slaveholding States to secure " their co- operation in effecting measures for their common defence and safety." Jan. 7th, 1861. Convention assembled. 9th. Ordinance of Secession passed — yeas 84, nays 15. In the ordinance the people of the State of Mississippi express their consent to form a federal union with such of the States as have seceded or may secede from the Union of the United States pf America, upon the basis of the present Constitution of the United States, except such parts thereof as embrace other portions than such seceding States. 10th. Commissioners from other States received. Resolutions adopted, recogniz- ing South Carolina as sovereign and inde- pendent. Jan. 12th. Representatives in Congress withdrew. 19th. The committee on the Confederacy in the Legislature reported resolutions to provide for a Southern Confederacy, and to establish a provisional government for seceding States and States hereafter seced- ing. 21st. Senators in Congress withdrew. March 30th. Ratified "Confederate" Constitution — yeas 78, nays 7. FLORIDA. November 26th, 1860. Legislature met. Governor M. S. Perry recommended imme- diate secession. Dec. 1st. Convention bill passed. Jan. 3d, 1861. Convention met. 7th. Commissioners from South Carolina and Alabama received and heard. 10th. Ordinance of Secession passed — yeas 62, nays 7. 18th. Delegates appointed to Southern Congress at JMontgomcry. 21st. Senators and Representatives in Congress withdrew. Feb. 14th. Act passed by the Legisla- ture declaring that after any actual collision between Federal troops and those in the emnloy of Florida, the act of holding office under the Federal government shall be declared treason, and the person convicted shall suffer death. Transferred control of government property captured, to the " Con- iederate " government. LOUISIANA. December 10th, 1860. Legislature met. 11 til. Convention called lor Jan. 23d. Military bill passed. 12th. Commissioners from Mississippi re- ceived and heard. Governor instructed to communicate with Governors of other southern States. Jan 23d, 1861. Convention met and organized. Received and heard Commis- sioners from South Carolina and Alabama. 2r)th. Ordinance of Secession passed — - yeas 113, nays 17. Convention refused to submit the ordinance to the people by a vote of 84 to 45. This was subsequently reconsidered, and the ordinance was sub- mitted. The vote upon it as declared was 20,448 in favor, and 17,296 against. Feb. 5th. Senators withdrew from Con- gress, also the Representatives, except John E. Bouligny. State flag adopted. Pilots at the Balize prohibited from bringing over the bar any United States vessels of war. IMarch 7th. Ordinance adopted in secret session transferring to " Confederate " States government $536,000, being the amount of bullion in the U. S. mint and customs seized by the State. 16th. An ordinance voted down, submit- ting the " Confederate " Constitution to the people — ^yeas 26, nays 74. 21st. Ratified the " Confederate " Consti- tution — yeas 101, nays 7. Governor author- ized to transfer the arms and property captured from the United States to the "Confederate" Government. 27th. Convention adjourned sine die. ALABAMA. January 7th, 1861. Convention met. 8th. Received and heard the Commis- sioner from South Carolina. 11th. Ordinance of Secession passed in secret session — yeas 61, nays 39. Proposi- tion to submit ordinance to the people lost — yeas 47, nays 53. 14th. Legislature met pursuant to pre- vious action. 19th. Delegates elected to the Southern Congress. 21st. Representatives and Senators in Congress withdrew. 26th. Commissioners appointed to treat with the United States Government relative to the United States forts, arsenals, etc., within the State. The Convention requested the people of the States of Delaware, Maryland, Virginia, North Carolina, South Carolina, Florida, 90 AMERICAN POLITICS. [book I. Georgia, Mississippi, Louisiana, Texas, Arkansas, Tennessee, Kentucky and Mis- souri to meet the people of Alabama by their delegates in Convention, February 4th, 1861, at Montgomery, for the purpose of consulting as to the most effectual mode of securing concerted or harmonious action in whatever measures may be deemed most desirable for their common peace and security. Military bill passed. Commis- sioners appointed to other Slaveholdiug States. • March 4th. Convention re-a.ssembled. 13th. Ratified "Confederate" Constitu- tion, yeas 87, nays 6. Transferred control forts, of arsenals, etc., to " Confederate" Government. ARKANSAS. January 16th, 18G1. Legislature passed Convention bill. Vote of the people on the Convention was 27,412 for it, and 15,- 826 against it. February 18th. Delegates elected. March 4th. Convention met. 18th. The Ordinance of Secession de- feated — yeas 35, nays 39. The convention effected a compromise by agreeing to sub- mit the question of co-operation or seces- sion to the people on the 1st Monday in August. May 6th. Passed Secession Ordinance — yeas 69, nays 1. Authorized her delegates to the Provisional Congress, to transfer the arsenal at Little Rock and hospital at Na- poleon to the " Confederate " Government. TEXAS. January 21st, 1861. Legislature met. 28th. People's State Convention met. 29th. Legislature passed a resolution de- claring that the Federal Government has no power to coerce a Sovereign State after she has pronounced her separation from the Federal Union. Fe])ruary 1st. Ordinance of Secession Sassed in Convention — ^yeas 166, nays 7. lilitary bill passed. 7th. Ordinance passed, forming the foun- dation of a Southern Confederacy. Dele- gates to the Southern Congress elected. Also an act passed su])mitting the Ordi- nance of Secession to a vote of the people. 23d. Secession Ordinance voted on by the people ; adopted by a vote of 34,794 in favor, and 11,2.'!5 ajj^aiiist it. Marcli 4th. Convention declared the State out of the Union. Gov. Houston issued a proclamation to that GiToct. 16th. Convention by a vote of 127 to 4 deposed Gov. Houston, dechiriug liis seat vacant. (Jov. Houston issued a j)rochuna- tion to tlie people protesting against tliis action of the Convention. 20th. Legislature confirmed the action of the Convention in deposing Gov. Hous- ton by a vote of 53 to 11. Transferred forts, etc., to "Confederate" Government. 2od. Ratified the " Confederate " Consti- tution — yeas 68, nays 2. NORTH CAROLINA. November 20th, 1860. Legislature met. Gov. Ellis recommended that the Legisla- ture invite a conference of the Southern States, or failing in that, send one or more delegates to the neighboring States so as to secure concert of action. He recommended a thorough reorganization of the militia, and the enrollment of all persons between 18 and 45 years, and the organization of a corps of ten thousand men ; also, a Con- vention, to assemble immediately after the proposed consultation with other Southern States shall have terminated. December 9th, Joint Committee on Fed- eral Relations agreed to report a Conven- tion Bill. 17th. Bill appropriating $300,000 to arm the State, debated. 18th. Senate passed above bill — yeas, 41, nays, 3. 20th. Commissioners from Alabama and Mississijipi received and heard — ^the latter, J. Thompson, by letter. 22d. Senate bill to arm the State failed to pass the House. , 22d. Adjourned till January 7th. January 8th, 1861. Senate Bill arming the State passed the House, yeas, 73, nays, 26. 30th. Passed Convention Bill — election to take place February 28th. No Secession Ordinance to be valid without being rati- fied by a majority of the qualified voters of the State. 31st. Elected Thos. L. Clingman United States Senator, February 13th. Commissioners from Geoi'gia publicly received. 20th. Mr. Hoke elected Adjutant Gen- eral of the State. Military Bill passed. 28th. Election of Delegates to Conven- tion took place. 28th. The vote for a Convention was 46,671; against 47,333 — majority against a Convention 661. May 1st. Extra session of the Legisla- ture met at the call of Gov. Ellis. The same day they passed a Convention Bill, ordering the election of delegates on the 15th. 2d. Legislature adjourned. 13th. Election of delegates to the Con- vention took place. 20th. Convention met at Raleigh. 21st. Ordinance of Secession passed; also the " Confederate " Constitution rati- fied. .lunc 5th. Ordinance passed, ceded the arsenal at Fayetteville, and transferred magazines, etc., to the "Confederate" Government. BOOK I.] PREPARING FOR SECESSION. 91 TENNESSEE. January 6th, 18G1. Legislature met. 12th. Passed Convention Bill. 30th. Commissionera to Washington appointed. February 8th. People voted no Conven- tion : 67,3(50 to 54,156. May 1st. Legislature passed a joint re- solution authorizing the Governor to ap- point Coniinissioners to enter into a mili- tary league with the authorities of the " Confederate " States. 7th. Legislature in secret session rati- fied the league entered into by A. 0. W. Totten, Gustavus A. Henry, Washington Barrow, Commissioners for Tennessee, and Henry W. Hilliard, Commissioner for " Confederate " States, stipulating that Tennessee until she became a member of the Confederacy placed the whole military force of the State under the control of the President of the " Confederate" States, and turned over to the " Confederate " States all the public property, lyival stores and munitions of war. Passed the Senate, yeas 14, nays 6, absent and not voting 5 ; the House, yeas 42, nays 15, absent and not voting, 18. Also a Declaration of In- dependence and Ordinance dissolving the Federal relations between Tennessee and the United States, and an ordinance adopt- ing and ratifying the Confederate Consti- tution, these two latter to be voted on by the people on June 8th were passed. June 24th. Gov. Isham G. Harris de- clared Tennessee out of the Union, the vote for Separation being 104,019 against 47,238. VIRGINIA. January 7th, 1861. Legislature con- vened. 8th. Anti-coercion resolution passed. 9th. Resolutii)n passed, asking that the status quo be maintained. 10th. The Governor transmitted a des- patch from the Mississippi Convention, an- nouncing its unconditional secession from the Union, and desiring on the basis of the old Constitution to form a new union with the seceding States. The House adopted — yeas 77, nays 61, — an amendment submit- ting to a vote of the people the question of referring for their decision any action of the Convention dissolving Virginia's con- nection with the Union, or changing its organic law. The Richmond Enquirer denounced " the emasculation of the Con- vention Bill as imperilling all that Virgin- ians held most sacred and dear." 16th. Commissioners Hopkins and Gil- mer of Alabama received in the Legisla- ture. 17th. Resolutions passed proposing the Crittenden resolutions as a basis for adjust- ment, and requesting General Government to avoid collision with Southern States. Gov. Letcher communicated the Resolu- ti(nis of the Legislature of New York, ex- j)ressiiig the utmost disdain, and saying that " the threat conveyed can inspire no terror in freemen." The resolutions were directed to be returned to the Governor of New York. 18th. $1,000,000 appropriated for the del'ence of the State. 19th. Passed resolve that if all efforts to reconcile the differences of the country fail, every consideration of honor and in- terest demands that Virginia shall unite her destinies with her sister slaveholding States. Also that no reconstruction of the Union can be permanent or satisfactory, which will not secure to each section self- protecting power against any invasion of the Federal Union upon the reserved rights of either. (See Hunter's proposition for adj ustment. ) 21st. Replied to Commissioners Hop- kins and Gilmer, expressing inability to make a definite response until after the meeting of the State Convention. 22d. The Governor transmitted the re- solutions of the Legislature of Ohio, with unfavorable comment. His message was tabled by a small majority. 30th. The House of Delegates to-day tabled the resolutions of the Pennsylvania Legislature, but referred those of Tennes- see to the Committee on Federal Relations. February 20th. The resolutions of the Legislature of Michigan were returned without comment. 28th. Ex-President Tyler and James A, Seddon, Commissioners to the Peace Con- gress, presented their report, and denounced the recommendation of that body as a de- lusion and a sham, and as an insult and an offense to the South. Proceedings of Virginia Convention. February 4th. Election of delegates to the Convention. 13th. Convention met. 14th. Credentials of John S. Preston, Commissioner from South Carolina, Fulton Anderson from Mississippi, and Henry L. Benning from Georgia, were received. 18th, Commissioners from Mississippi and Georgia heard ; both pictured the dan- ger of Virginia remaining with the North; neither contemplated such an event as re- union. 19th. The Commissioner from South Carolina was heard. He said his people believed the Union unnatural and mon- strous, and declared that there was no human force — nosanctity of human touch, — that could re-unite the people of the North with the people of the South — that it could never be done unless the economy of God were changed. 92 AMERICAN POLITICS. [book I. 20th. A committee reported that in all but sixteen counties, the majority for sub- mitting tlie action of the Convention to a vote of the people was 52,857. Numerous resolutions on Federal Relations intro- duced, generally expressing attachment to the Union, but denouncing coercion. 26th. Mr. Goggin of Bedford, in his speech, denied the right of secession, but admitted a revolutionary remedy for wrongs committed upon a State or section, and said wherever Virginia went he was with her. March 2d. Mr. Goode of Bedford offered a resolution that, as the powers delegated to the General Government by Virginia had been perverted to her injury, and as the Crittenden propositions as a basis of adjustment had been rejected by their Northern confederates, therefore every consideration of duty, interest, honor and patriotism requires that Virginia should de- clare her connection with the Government to be dissolved. 5th. The thanks of the State were voted to Hon. John J. Crittenden, by yeas 107, nays 16, for his efforts to bring about an honorable adjustment of the national diffi- culties. Mr. Harvie of Amelia offered a resolution, requesting Legislature to make needful appropriations to resist any attempt of the Federal authorities to hold, occupy or possess the property and places claimed by the LTnited States in any of the seceded States, or those that may withdraw or col- lect duties or imposts in the same. 9th. Three reports were made from the Committee on Federal Relations. The majority proposed to submit to the other States certain amendments to the Constitu- tion, awaiting the response of non-slave- holding States before determining whether " she will resume the powers granted by Jier under the Constitution of the United otates, and throw herself upon her reserved rights ; meanwhile insisting that no coer- cion be attempted, the Federal forts in se- ceded States be not reinforced, duties be not collected, etc.," and proposing a Con- vention at Frankfort, Kentucky, the last Monday in I\Iay, of the States of Delaware, Maryland, North Carolina, Tennessee, Kentucky, Missouri and Arkansas. Henry A. Wise differed in details, and went fur- ther in the same direction. Messrs. Lewis E. Ilarvie, Robert L. Montague and Sam- uel C. Williams recommended the immedi- ate passage of an Ordinance of Secession. Mr. BarVjour of Cul])e])er insisted ui)on the imMK^diatc adoption by the non-slavehold- ing States of needed guarantees of safety, and provided for the ai)pointnient of three Commissioners to confer with the Confed- erate authorities at Montgomery. lOtli. Committee on Jvderai Relations reported pro])Osed amendments to the Constitution, which were the bubstitutc of Mr. Franklin of Pa., in "Peace Confer- ence," changed by using the expression " involuntary servitude " in place of " per- sons held to service." The right of owners of slaves is not to be imjiaired by congres- sional or territorial law, or any pre-exist- ing law in territory hereafter acquired. Involuntary servitude, excey)t for crime, to be prohibited north of 36°30', but shall not be prohibited by Congress or any Ter- ritorial legislature south of that line. The third section has some verbal alterations, providing somewhat better security for property in transit. The fifth section pro- hibits the importation of slaves from places beyond the limits of the United States. The sixth makes some verbal changes in relation to remuneration for fugitives by Congress, and erases the clause relative to the securing of privileges and immunities. The seventh forbids the granting of the elective franchise and right to hold office to persons of the African race. The eighth provides that none of these amendments, nor the thii'd paragraph of the second sec- tion of the first article of the Constitution, nor the third paragraph of the second sec- tion of the fourth article thereof, shall be amended or abolished without the consent of all the States. 25th. The Committee of the Whole re- fused (yeas 4, nays 116) to strike out the majority report and insert Mr. Carlile's " Peace Conference" substitute. 26th. The Constitution of the " Confede- rate" States, proposed by Mr. Hall as a sub- stitute for the report of the committee, re- jected — yeas 9, nays 78. 28th. The first and second resolutions reported by the committee adopted. April 6th. The ninth resolution of the majority report came up. Mr. Bouldin offered an amendment striking out the whole, and inserting a substitute declaring that the independence of the seceded States should be acknowledged without delay, which was lost — yeas 68, nays 71. 9th. ]Mr. Wise's substitute for the tenth resolution, to the cfi'ect that Virginia re- cognizes tlae independence of the seceding States was adopted — yeas 128, nays 20. April 17. Ordinance of Secession passed in secret session — yeas 88, nays 55, one excused, and eight not voting. Same day the Commissioners adopted and ratified the Constitution of the Provi- sional Government of the " Confederate" States of America, this ordinance to cease to have legal efiect if the people of Vir- ginia voting upon the Ordinance of Seces- sion should rpject it. 25th. A Convention was made between Commissioners of Virginia, chosen by the (convention, and A. II. Stephens, Commis- sioner for " Confed(Tates," stijmlating that Virginia until she became a member of the Confederacy should place her military BOOK I.] PREPARING FOR SECESSION. 9a force under the direction of the President of the "Confederate" States; also turn over to " Confederate " States all her pub- lic property, naval stores, and munitions of war. Signed by J. Tyler, W. IJ. Preston, S. McD. Moore, James P. Holcombe, Jas. C Bruce, Lewis E. Harvie — for Virginia ; and A. H. Stephens for " Confederate " States. June 25th. Secession vote announced as 128,884 for, and 82,lo4 against. July. Tlie Convention passed an ordi- nance to the effect that any citizen of Vir- ginia holding office under the Government of the United States after the 31st of July, 18(51, should be forever banishcil from the State, and be declared an alien enemy. Also that any citizen of Virginia, hereafter undertaking to represent the State of Vir- ginia in the Congress of the United States, should, in addition to the above penalties, be considered guilty of treason, and his property be liable to confiscation. A pro- vision was inserted exempting from the penalties of the act all officers oftheUnited States outside of the United States, or of the Confederate States, until after July Ist, 1862. KEXTUCKY. December 12th, 1860. Indiana militia offer their services to quell servile insur- rection. Gov. Magoffin declines accepting them. January 17th, 1861. Legislature con- vened. 22d. The House by a vote of 87 to 6 re- solved to resist the invasion of the South at all hazards. 27th. Legislature adopted the Virginia resolutions requiring the Federal Govern- ment to protect Slavery in the Territories and to guarantee the right of transit of slaves through the Free States. February 2d. The Senate passed by a vote of 25 to 11, resolutions appealing to the Southern States to stop the revolution, protesting against Federal coercion and providing that the Legislature reassemble on the 24th of April to hear the responses from sister States, also in favor of making an application to call a National Conven- tion for proposing amendments to the Con- stitution of the United States, also by a vote of 25 to 14 declared it inexpedient at this time to call a State Convention. 5th. The House by a vote of 54 to 40 passed the above resolutions. March 22d. State Rights Convention as- sembled. Adopted resolutions denouncing any attempt on the part of the Govern- ment to collect revenue as coercion ; and affirming that, in case of any such attempt, the border States should make common cause with the Southern Confederacy. They also recommended a border State Convention. April 24th, Gov. Magoffin called an extra session of the Legislature. May 20th. Gov. Magoffin issued a neu- trality proclamation. Sej)tember 11th. The House of Repre- sentatives by a vote of 71 to 26, adopted a resolution directing the Governor to issue a proclamation ordering the Confederate troops to evacuate Kentucky soil. The Governor vetoed the resolution, which was afterwards passed over his veto, and accordingly he issued the required procla- mation. October 20th. Southern Conference met at Russellville. H. C. Burnett elected Chairman, R. McKee Secretary, T. S. Bryan Assistant Secretary. Remained in secret session two days and tht^n adjourned sine die. A series of resolutions reported by G. W. Johnson were adopted. They recite the unconstitutional and oppressive acts of the Legislature, proclaim revolu- tion, provide for a Sovereignty Convention at Russellville, on the 18th of November, recomniend the organization of county guards, to be placed in the service of and l)aid by the Confederate States Govern- ment; pledge resistance to all Federal and State taxes, for the prosecution of the war on the part of the United States ; and ap- point Robert McKee, John C. Breckin- ridge, Humphrey IMarshall, Geo. W. Ew- ing, H. W. Bruce, Geo. B. Hodge, William Preston, Geo. W. Johnson, Blanton Dun- can, and P. B. Thompson to carry out the resolutions. November 18th. Convention met and remained in session three days. 20th. It passed a Declaration of Inde- pendence and an Ordinance of Secession. A Provisional Government consisting of a Governor, Legislative Council of ten, a Treasurer, and an Auditor were agreed upon. Geo. W. Johnson was chosen Gov- ernor. Legislative Cf)uncil were : Willis 15. Machen, John W. Crockett, James P. Bates, Jas. S. Chrisman, Phil. B. Thomp- son, J. P. Burnside, H. W. Bruce, J. W. Moore, E. M. Bruce, Geo. B. Hodge. MARYLAND, Nov. 27th, 1860. Gov. Hicks declined to call a special session of the Legislature, in response to a request for such convening from Thomas G. Pratt, Sprigg Harwood, J. S. Franklin, N. II. Green, Llewellyn Boyle, and J. Pinkney, December lOth. Gov. Hicks replied to A. H. Handy, Commissioner from Missis- sippi, declining to accept the programme of Secession. 20th. Wm. H. Collins, E^q., of Balti- more, issued an address to the people, in favor of the Union, and in ]March a set-ond address. 31st. The "Clipper" denied the exist- ence of an organization in Maryland to \ 94 AMERICAN POLITICS. [book I, prevent the inauguration of President Lin- coln. A. H. Handy of Mississippi addressed citizens of Baltimore in favor of disunion. January 3d, 1861. Henry Winter Davis issued an address in favor of the Union. 3d. Numerous Union meetings in vari- ous part of the State. Gov. Hicks issued an address to the people against seces- sion. 11th. John C. Legrand in a letter to Hon. Eeverdy Johnson replied to the Union speech of the latter. 14th. James Carroll, former Democratic candidate for Governor, announced his de- sire to go with the seceding States. 16th. Wm. A. Spencer, in a letter to Walter S. Cox, Esq., declared against the right of Secession but for a Convention. 16. Marshal Kane, in a letter to Mayor Berrett, denied that any organization ex- ists to prevent the inauguration of Presi- dent Lincoln, and said that the President elect would need no armed escort in pass- ing through or sojourning within the limits of Baltimore and Maryland. 24th. Coleman Yellott declared for a Convention. 30th. ]\Ie?srs. John B. Brooke, President of the Senate, and E. G. Kilbourn, Speaker of the House of Delegates, asked the Gov- ernor to convene the Legislature in re- sponse to juiblic meetings. Senator Ken- nedy published his opinion that Mary- land must go with Virginia. February IStli. State Conference Con- vention held, and insisted upon a meeting of the Legislature. At a meeting in How- ard Co., which Speaker E. G. Kilbourn addressed, a resolution was adopted that "immediate steps ought to be taken for the establishment of a Southern Confed- eracy, by consultation and co-operation with such other Southern and Slave States as may be ready therefor." April 21st. Gov. Hicks wrote to Gen. Butler, advising that he do not land his troops at Annapolis. Butler replied that he intended to land there and march thence to Washington. Gov. Hicks pro- tested against this and also against his having taken forcible possession of the Annapolis and Elkridge railroad, 24th. A si)ecial election of ten delegates to the Legislature took place at Baltimore. The total vote cast in all the wards was 9,249. The total vote cast at the Presi- dential election in November, 1860, was 30,148. 26th. Legislature reassembled at Fred- erick, Annapolis being occupied by Union troops. 29th. Gov. Hicks sent a message to the Legislature communicating to them the correspondr'ncc between himself and Gen. Butler and the Secretary of War relative to the landing of troops at Annapolis. The House of Delegates voted against Secession, 53 to 13. Senate unanimously. May 2d. The Committee on Federal Re- lations, "in view of the seizure of the railroads by the General Government and the erection of fortifications," presented resolutions appointing Commissioners to the President to ascertain whether any be- coming arrangements with the General Government are practicable, for the main- tenance of the peace and honor of the State and the security of its inhabitants. The report was adopted, and Otho Scott, Robt. M. McLane, and Wm. J. Ross were appointed such Commissioners. Mr. Yellott in the Senate introduced a bill to appoint a Board of Public Safety, The powers given to the Board included the expenditure of the two millions of dol- lars proposed by Mr. Bnine for the defence of the State, and the entire control of the military, including the removal and ap- pointment of commissioned officers. It was ordered to a second reading by a vote of 14 to 8. The Board was to consist of Ezekiel F. Chambers, Enoch Louis Lowe, John V. L. MacMahon, Thomas G. Pratt, Walter Mitchell, and Thomas Winans, Gov. Hicks wits made ex-ojficio a member of the Board. This measure was strongly pressed by the Disunionists for a long time, but they were finally compelled to give way, and the bill never passed. 6th. The Commissioners reported the result of their interview with the Presi- dent, and expressed the opinion that some modification of the course of the General Government towards Maryland ought to be expected. 10th. The House of Delegates passed a series of resolutions reported by the Com- mittee on Federal Relations by a vote of 43 to 12. The resolutions declare that IMaryland protests against the war, and does earnestly beseech and implore the President of the United States to make peace with the " Confederate " States ; also, that " the State of Maryland desires the peaceful and immediate recogition of the independence of the Confederate States." Those who voted in the negative are Messrs. Meddcrs, Lawson, Keene, Routzahn, Naill, Wilson of Harford, Bay- less, McCoy, Fiery, Stake, McCleary, and Gorsuch. 13th. Both Houses adopted a resolution providing for a committee of eight mem- bers, (four from each House) to visit the President of the United States and the President of the Southern Confederacy, The committee to visit President Davis were instructed to convey the assurance that Maryland symjiathizcs with the Con- federate States, and that the people of Maryland are enlisted with their whole hearts on the side of reconciliation and , peace. BOOK I.] PREPARING FOR SECESSION. 95 June nth. Messrs. McKaig, Yellottand Harding, Comniissioncrd to visit President Davis, presented their report ; accompany- ing which is a letter Ironi Jciierson Davis, expressing his gratification to hear that the State of Maryland was in synii)athy with themselves, was enlisted on the aide of peace and reconciliation, and avowing his perfect willingness lor a cessation of hostilities, and a readiness to receive any proposition for jjeace from the United States (Tovernment. 20th. TIk' Ilouseof Delegates, and June 22(1, the Senate adopted resolutions un- qualifiedly protesting against the arrest of Koss Winans and sundry other citizens of Maryland, as an "oppressive and tyran- nical assertion and exercise of military jurisdiction within the limits of Maryland, over the persons and property of her citi- zens, by the Government of the United States." MISSOURI. January 1.5th, 1861. Senate passed Con- vention Bill — yeas 31, nays 2. Passed House also. February 28th. Convention met ; motion to go into secret session, defeated. A reso- hition requiring' members to take an oath to support the Constitution of the United States and the State of Missouri, was lost — G5 against 80. March 4. Resolution passed, 64 yeas, 35 nays, appointing committee to notify Mr. Glenn, Commissioner of Georgia, that the Convention was ready to hear any com- munication from his State. Mr. Glenn was introduced, read Georgia's articles of se- cession, and made a siieech urging Mis- souri to join her. 5th. Resolutions were read, ordering that the protest of St. Louis against co- ercion be reduced to writing, and a copy sent to the President of the United States; also, resolutions were adopted informing the Commissioner from Georgia that ]\fissouri dissented from the position taken by that State, and refused to share the honors of secession with her. 6th. Resolutions were offered by several members and referred, calling a Conven- tion of the Southern States which have not seceded, to meet at Nashville, April 15th, providing for such amendments to the Constitution of the United States as shall secure to all the States equal rights in the Union, and declaring strongly against secession. 9th. The Committee on Federal Rela- tions reported a series of resolutions, set- ting forth that at present there is no ade- quate ciuise to impel ^lissouri to leave the Union, but that on the contrary she will labor for such an adjustment of existing troubles as will secure peace and the rights and equality of all the States ; that the people of iVIissouri regard the amendments to tne Constitution proposed by Mr. Crit- tenden, with their extension to territoiy hereafter to be required, a basis of adjust- ment which would forever remove all diffi- culties; and that it is expedient for the Legislature to c:dl a Convention for pro- posing amendments to the Constitution. The Senate passed resol'itioiis that their Senators be instructed, and their Repre- sentatives requesteil, to oppose the pas- sage of all acts granting su|>plies of men and money to coerce the seceding States into sul)mission or subjugation; and that, should such acts be passed by Congress, their Senators be instructed, and their Re- ])resentatives requested, to retire Irora the halls of Congress. 16th. An amendment of the fifth resolu- tion of the majority report of the Com- mittee on Federal Relations, asserting that Missouri would never countenance nor aid a seceding State in making war upon the General Government, nor provide men and money for the purpose of aiding the General Government to coerce a seceding State, was voted down. 27th. The following resolution was passed by a vote in the House of 62 against 42 :— Resolved, That it is inexpedient for the General Assembly to take any steps for calling a National Convention to propose amendments to the Constitution, as recom- mended by the State Convention. July 22d. The Convention reassembled. 23d. Resolution passed, by a vote of 65 to 21, declaring the office of President, held by General Sterling Price at the last session of the Convention, vacant. A committee of seven were appointed to re- port what action they deem it advisable to take in the dislocated condition of the State. 25th. The committee presented their re- port. It alludes at length to the present unparalleled condition of things, the reck- less course of the recent Government, and flight of the Governor and other State officers from the capitol. It declares the offices of Governor, Lieutenant-Governor, and Secretary of State vacant, and pro- vides that their vacancies shall be filled by the Convention, the ollicers so appointed to hold their positions till August, 1862, at which time it provides for a special elec- tion by the peojjle. It repeals the ninth section of the sixth article of the Consti- tution, and provides that the Supreme Court of the State shall consist of seven members ; and that four members, in ad- dition to the three now comprising the Court, shall be appointed by the Governor chosen bv this Convention to hold ofHce till 1862," when the people shall decide whether the change shall be ])ermanent. It abolishes the State Legislature, and or- 96 AMERICAN POLITICS, [book I. dains that in case, before the 1st of August, 1862, the Governor chosen by this Con- vention shall consider the public exigen- cies demand, he shall order a special elec- tion for the members of the State Legisla- ture. It recommends the passage of an ordinance repealing the following bills, pa-ssed by the Legislature in secret session, in May last: The military fund bill, the bill to suspend the distribution of the school fund, and the bill for cultivating friendly relations -with the Indian tribes. It repeals the bill authorizing the appoint- ment of one major-general of the Missouri militia, and revives the militia lavi' of 1859. A resolution was passed that a commit- tee of seven be appointed by the President to prepare an address to the people of the State of Missouri. November 26th. Jefferson Davis trans- mitted to the " Confederate " Congress a message concerning the secession of Mis- souri. It was accompanied by a letter from Governor Jackson, and also by an act dissolving the union with the United States, and an act ratifying the Constitu- tion of the Provisional Government of the Confederate States ; also, the Convention between the Commissioners of Missouri and the Commissioners of the Confederate States. Congress unanimously ratified the Convention entered into between the Hon. R. M. T. Hunter for the rebel Government and the Commissioners for Missouri. Inter-State Commissioners. The seceding States, as part of their plan of operation, a])pointcd Commissioners to visit other slaveholding States. They were as follows, as announced in the news- papers : South Carolina. To Alabama, A. P. Calhoun. To GeorLna, James Iv. Orr, Ex-M. C. To Florida, L. W. Spratt. To Mississippi, M. L. Honham, Ex-M. C. To Louisiana, J. L. Manning. To Arkansas, A. ('. Spain. To Texa,s, .J. B. Kershaw. To Virginia, John S. Preston. Alabama. To North Carolina, Isham W. Garrett. To Mississij)pi, E. W. I'ettus. To South Carolina, J. A. Elmore. To Maryland. A. V. Hopkins. To Virginia, Frank (iihner. To Tennessee, L. IVtyie Walker. To Kentucky, Stephen F. Hale. To Arkansas, John Anthony Winston. Gcorr/ia. To Missouri, Lutlier J. Glenn. To Virginia, Henry L. Benning. Mississippi. To South Carolina, C. E. Hooker. To Alabama, Jos. W. Matthews, Ex-GoT. To Georgia, "William L. Harris. To Louisiana, Wirt Adams. To Texas, H. H. Miller. To Arkansas, George R. Fall. To Florida, E. M. Yerger. To Tennessee, T. J. Wharton, Att'y-Gen. To Kentucky,W. S. Featherstone, Ex-M. C. To North Carolina, Jacob Thompson, Ex- M. C. To Virginia, Fulton Anderson. To Maryland, A. H. Handy, Judge. To Delaware, Henry Dickinson. To Missouri, Eussell. Soutliem Congress. This body, composed of Deputies elected by the Conventions of the Seceding States, met at Montgomery, Alabama, February 4th, 1861, to organize a Southern Confed- eracy. Each State had a representation equal to the number of members of the Thirty-sixth Congress. The members were : South Carolina. Robert W. Barnwell, Ex-U. S. Senator. R. Barnwell Rhett, " " " James Chestnut, jr., " " " Lawrence M. Keitt, Ex-M. C. William W. Boyce, " " Wn. Porcher Miles, " " C. G. Memminger. Thomas J Withers. Alabama, W. P. Chilton. Stephen F. Hale. David P. Lewis. Thomas Fearn, Richard W. Walker. Robert H. Smith. Colin J. McRae. John Gill Shorter. J. L. M. Curry, Ex-M. C. Florida. J. Patten Anderson, Ex-Delegate from Washington Territory. Jackson Llorton, Ex-U. S. Senator. James Powers, Mississippi. W. S. Wilson. Wiley P. Harris, Ex-M. C. James T. Harrison. ^Va]ter Brooke, Ex-U. S. Senator. William S. Barry, Ex-M. C. A. M. Clayton. Georgia. Pobert Toombs, Ex-lJ. S. Senator. Howell Cobb, Ex-M. C. Martin . I. (Crawford, " Augustus R Wright, " " i BOOK I.] PREPARING FOR SECESSION. 97 Augustus H. Keenan. Benjamin H. Hill. Francis S. Bartow. E. A. Nisbet. Thomaa R. R. Cobb. Alexander H. Stei^hens, Ex-M. 0. Louisiana. Duncan F. Kenner. Charles M. Conrad, Ex-U. S. Senator. Henry Marshall. John Perkins, jr. G. E. Sparrow. E. De Clouet. Texas. (Admitted March 2d, 1861.) Louis T. Wigfall, Ex-U. S. Senator. John Hemphill, " " " John H. Reagan, Ex-M. C. T. N. Waul. John Greffg. W. S. Oldham. W. B. Ochiltree. Proceedings of tlie Soutliem Congf ess. February 4th, 1861. Howell Cobb of Georgia elected President, Johnson J. Hooper of Alabama, Secretary. Mr. Cobb announced that secession " is now a fixed and irrevocable fact, and the separation is perfect, complete and perpetual." Gth. David L. Swain, M. W. Ransom, and John L. Bridgers, were admitted as Commissioners from North Carolina, un- der resolutions of the General Assembly of that State, passed January 29th, 1861, " to effect an honorable and amicable adjust- ment of all the difficulties that disturb the country, upon the basis of the Critten- den resolutions, as modified by the Legis- lature of Virginia," and to consult with the delegates to the Southern Congress for their " common peace, honor and safety." 7th. Congress notified that the State of Alabama had placed $500,000 at its dispo- sal, as a loan to the provisional government of the Confederacy of Seceding States. 8th. The Constitution of the Provisional Government adopted. * ♦The Provisional Constitution adopted bj' the Seceded States differs from the Constitution of the United Statts in several important particulars. The alterations and additions are as follows : ALTERATIONS. Ist. The Provisional Constitution differs from the other In this : That the legislative powers of thi' Provisional Government are vested in the Congress now assemhled. and this body exercises all the functions that are exer- cised by either or both branches of the United States Government. 2d. The Provisional President holds his office for one year, unless sooner superseded by the establishment of a permanent Government. 3d. Kach State is erected into a distinct judicial dis- trict, the judge having all the powers heretofore vested in the district and circviit courts ; and the several district judges) together compose the supreme bench — a miyority of them constituting a quorum. 7 9th. JefTcrson Davis, of Mississippi, elected Provisional President of the CVm- federate States of America, and Alexander H. Stephens, of Georgia, Vice-President. The question of attacking Fort Sumter haa been referred to the Congress. 11th. Mr. Stephens announced his ac- ceptance. Committee aj)pointed to prepare a permanent Constitution. 12lh. The Congress assumed "charge of all (juestions and dilficulties now exist- ing between the sovereign States of this Confederacy and the Government of the United States, relating to the occupation oi forts, arsenals, navy yards, custom-houses, and all other public establishments." The resolution was directed to be communicated to the Governors of the respective States of the Confederacy. 15th. Ofl[icial copy of the Texas Ordi- nance of Secession presented. 16th. President Davis arrived and re- ceived with salute, etc. 18th. President Davis inaugurated. 19th. Tariff law passed. 21st. Robert Toombs appointed Secre- tary of the State ; C. G. Memminger, Secre- tary of the Treasury ; L. Pope Walker, of 4th. Whenever the word " Union " occurs in the United States Constitution the word " Confederacy " ia substituted. THE FOLLOWINa ABE THE ADDITIONS. 1st. The President may veto any separate appropriation without vetoing the whole bill in which it is con- tained. 2d. The African slave-trade is prohibited. 3d. Congress is empowered to prohibit the introduction" of slaves from any State not a member of this Confed- eracy. 4th. All appropriatiorre must be upon the demand of the I'resident or heads of departments. OMISSIONS. 1st, There is no prohibition on members of Congresa holding other offices of honor and emolument under the- Provisional Government. 2d. There is no provision for a neutral spot for tlie location of a scat of government, or for sites for forts, ar- senals, and diick-yards; consequently there is no reference- made to the territorial powers of the Provisional Govern- ment. .3d. The section in the old Constitution in reference to- capitation and other direct tax is omitted ; also, the sec- tion providing that no tax or duty shall bo laid on any exports. 4th. The prohibition on States keeping troops or ships of war in time of peace is omitted 5th. The Constitution being provisional merely, no- provision is made for its ratification. AMENDMENTS. 1st. The fugitive slave clause of the old Constitution iS' so amended as to contain the word "slave," and to pro- vide for full compensation in cases of abduction of forci- ble rescue on the part of the State in which such abduc- tion or rescue may take place. 2d. Congress, by a vote of two-thirds, may at any time- alter or amend the Constitution. TEMPORARY PROVISIONS. 1st. The Provisional Government is required to take immediate steps for the settlement of all matters bi-tween the States forming it and their other late confeilerates of the United Sjates in relation to the public property and the public debt. 2d. Montgomery is made the temporary seat of govern- ment. 3d. This Constitution is to continue one year, nnlees altered by a two thii-da vote or superseded by a perma- nent Government. 98 AMERICAN POLITICS. [book I. Alabama, Secretary of "War ; Stephen R. Mallory, Secretary of the Xa^y ; Judah P. Benjamin, Attorney-General, and John H. Reagan, Postmaster-General ; Philij) Clay- ton, of Georgia appointed Assistant Secre- tary of the Treasury, and Wm. M. Browne, late of the Washington Constitution, Assistant Secretary of State. March 2d. The Texas Deputies re- ceived. Tlie Coiifeclerate States. The Confederate States was the name of the government formed in 1861 by the seven States which first seceded. Bellige- rent rights were accorded to it by the lead- ing naval powers, but it was never recog- nized as a government, notwithstanding the i>ersevering etlbrts of its agents near the principal courts. This result was mainly dtie to the diplomacy of the federal Sec- retary' of State, Wm H. Seward, to the proclamations of emancipation in 1862-3, which secured the sympathy of the best elements of Great Britain and France for the federal government, and the obstinate persistence of the federal government in avoiding, as far as possible, any recognition of the existence, even de facto, of a con- federate government. The federal generals in the field, in their communications with confederate officers, did not hesitate, upon occasion, even to give " president " Davis his official title, but no such embarrassing precedent was ever admitted by the civil government of the United States. It at first endeavored, until checked by active preparations for retaliation, to treat the crews of confederate privateers as pirates ; it avoided any official communication with the confederate government, even when compelled to exchange prisoners, confining its negotiations to the confederate commis- sioners of exchange ; and, by its persistent policy in this direction, it succeeded, with- out any formal declaration, in iniiiressing upon foreign governments the belief that any recognition of the confederate States as a separate people would be actively re- sented by the government of the United States as an act (jf excessive unfriendliness. The federal courts have steadily hoM the same ground, that " the confederate states was an unlawful assemblage, witliout cor- porate jjower ; " and that, though the separate States were still in existence and were indestructible, their state govern- ments, while they chose to act as part of the confederate States, did not exist, even de farlo. Early in .January, ISOl, while only South Carolina had actually seceded, though other Southern Slates had called conventions to consider the fjuestion, the Senators of the seven States fartJicst South practically assumed control of the whole movement, and their energy and unswer- I ving singleness of purpose, aided by the telegraph, secured a rapidity of execution to which no other very extensive conspi- racy of history can afibrd a parallel. The ordinance of secession was a negative in- strument, purporting to withdraw the state from the Union and to deny the authority of the federal government over the people of the State ; the cardinal object of the senatorial group w'as to hurry the forma- mation of a new national government, as an organized political reality which would rally the outright secessionists, claim the allegiilnce of the doubtful mass, and coerce ■^ those who still remained recalcitrant. At the head of the senatorial group, and of its executive committee, was Jefferson Davis, Senator from Mississippi, and natu- rally the first official step toward the for- mation of a new government came from the Mississippi Legislature, where a com- mittee reported, January 19th, 1861, reso- lutions in favor of a congress of delegates from the seceding States to provide for a southern confederacy, and to establish a provisional government, therefore. ,The other seceding States at once accepted the proposal, through their State conventions, which also appointed the delegates on the ground that the people had intrusted the State conventions with unlimited pow- ers. The new government therefore began its exif^tence without any popular ratio of representation, and with only such popular ratification as popular acquiescence gave. The provisional congress met Feb. 4th, at Montgomery, Ala., with delegates from South' Carolina, Georgia, Alabama, Louisi- ana, Florida and Mississippi. The Texas delegates were not appointed until Feb. 14tli; Feb, 8th, a provisional constitution was adoj)ted, being the constitution of the United States, with some changes. Feb. 9th, Jefferson Davis, of Mississippi, was unanimously chosen provisional president, and Alexander H. Stephens, of Georgia, provisional vice-president, each State hav- ing one vote, as in all other proceedings of the body. By acts of Feb. 9th and 12th, the laws and revenue officers of the United States Avere continued in the confederate States until changed. Feb. 18th, the president and vice-jiresident were inaugu- rated. Feb. 20th-26th, executive depart- ments and a confederate regular army were organized, and provision was made for borrowing money. March 11th, the per- manent constitution was adopted by Congress. Tiic Internal legislation of the provi - sional congress was, at first, mainly the adaptation of the civil sennce in the South- ern States to the uses of the new govern- ment. Wherever possible, judges, post- masters, and civil as well as military and naval officers, who had resigned from the service of the United States, were given BOOK I.] BUCHANAN'S VIEWS. 99 an equal or higher rank in the confederate service. Postmasters were directe'd to make their final accounting to tlie United States, May 31st, thereafter accoiniting to the Con- federate States. Aoril 2'Jth, the provi- sional congress, which liad adjourned March 16th, re-assem])led at Montgomery, having been convoked by President Davis in con- sequence of President Lincoln's prepa- rations to enforce federal authority in the South. Davis' message announced that all the seceding States had ratified the permanent constitution ; that Virginia, which had not yet seceded and entered in- to alliance with the confederacy, and that other States, were expected to follow the same plan. He concluded by declaring that " all we ask is to be let alone." May Gth, an act was passed recognizing the ex- istence of war with the United States. Congress adjourned May 22d, re-convened at Richmond, Va., July 20th, and ad- journeil August 22d, until November 18th. Its legislation had been mainly military and financial. Virginia, North Carolina, Tennessee and Arkansas, had passed ordi- nances of secession, and been admitted to tlie confederacy. (See the States named, and secession.) Although Missouri and Kentucky had not seceded, delegates from these States were admitted in December 1S61. Nov. 6, 1861, at an election under the permanent constitution, Davis and Stephens were again chosen to their re- spective offices by a unanimous electoral vote. Feb. 18th, 1862, the provisional con- gress (of one house) gave way to the per- manent congress, and Davis and Stephens were inaugurated February 22nd. The cabinet, with the successive Secretaries of each department, was as follows, including both the provisional and permanent cabi- nets : State Department. — Robert Toombs, Georiria, February 21st, 1861 ; R. M. T. Hunter, Virginia, July 30th, 1861 ; Judah P. Benjamin, Louisiana, February 7th, 1862. Treasury Department. — Charles G. Mem- minger, South Carolina, February 21st, 1861, and March 22d, 1862; James L. Trenholm, South Carolina, June 13th, 1864. War Department. — L. Pope Walker, Mississippi, February 21st, 1861 ; Judah P. Benjamin, Louisiana, November 10th, 1861 ; .Tames A. Seddon, Virginia, March 22d, 1862; John C. Breckinridge, Ken- tucky, February 15th, 1865. Nary Department. — Stephen R. Mallorv, Florida, March 4th, 1861, and March 22d. Attorney General. — Judah P. Benjamin, Louisiana, February 21st, 1861 ; Thomas H. Watts, Alabama^ September 10th. 1861, and March 22nd, 1862; George Davis, North Carolina,"November 10th, 1863. Postmaster- General. — Henry J. Elliot, Mississippi, February 21st, 1865 ; John H. Reagan, Texas, March 6th, 1861, and March 22d, 1862. The provisional Congress held four ses- sions, as follows: 1. Fcbruarv 4-March 16lh, 1861 ; 2. April 2!)-May22d, 1861 ; 3. July 20-August 22d, 1861 ; and 4. Novem- ber 18th, 1861-February 17tli, 1862. Under the permanent Constitution there were two Congresses. The first Congress held four sessions, as follows: 1. Fcbru- arv 18-April 21st, 18(52; 2. August 12- October 13th, 1862; 3. Januarv 12-May 8tli 1868; and 4. December 7, i863-Feb- runry 18th, 1864. The second Congress held two sessions, as follows : 1. May 2- June loth, 1864 ; and 2. From November 7th, 1864, until the hasty and final ad- journment, March 18th, 1865. In the first Congress members chosen by rump State conventions, or by regiments in the confederate service, sat for districts in Missouri and Kentucky, though these States had never seceded. There were thus thirteen States in all represented at the close of the first Congress ; but, as the area of the Confederacy narrowed before the advance of the Federal armies, the va- cancies in the second Congress became significantly more numerous. At its best estate the Confederate Senate numbered 26, and the house 106, as follows : Ala- bama, 9 ; Arkansas, 4 ; Florida, 2 ; Geor- gia, 10 ; Kentucky, 12 ; Louisiana, 6 ; Mis- sissippi, 1 ; Missouri, 7 ; North Carolina, 10; South Carolina, 6; Tennessee, 11; Texas, 6 ; Virginia, 16. In both Con- gresses Thomas S. Bocock, of Virginia, was Speaker of the House.* For four months between the Presiden- tial election and the inauguration of Mr. Lincoln those favoring secession in the vSouth had practical control of their sec- tion, for while President Buchanan hesi- tated as to his constitutional powers, the more active partisans in his Cabinet were aiding their Southern friends in every practical way. In answer to the visit- ing Commissioners from South Carolina, Messrs. R. W. Barnwell, J. H. Adams and Jas. L. Orr, who formally submitted that State's ordinance of secession, and de- manded possession of the forts in Charles- ton harbor, Buchanan said : — " In answer to this communication, I have to say that my position as President of the United States was clearly defined in the message to Congress on the 3d inst. In that I stated that ' apart from the exe- cution of the laws, so far as this nniy be practicable, the Executive has no authority to decide what shall be the relations be- tween the Federal Government and South Carolina. He has been invested with no such discretion. He possesses no power to * From T,ali>r's Rici/rlnpa-din of PoUHcal Science, pub- lished by Baud i McNalli', Chicago, 111. 100 AMERICAN POLITICS. [book I. change the relations heretofore existing between them, much less to acknowledge the independence of that State. This would be to invest a mere executive officer with the power of recognizing the dissolu- tion of the Confederacy among our thirty- three sovereign States'. It bears no re- semblance to the recognition of a foreign de facto Government, involving no such responsibility. Any attempt to do this would, on his part, be a naked act of usurpation. It is, therefore, my duty to submit to Congress the whole question in \ all its bearings.' "Such is my opinion still. I could, therefore, meet you only as private gentle- men of the highest character, and was en- tirely willing to communicate to Congress any 'proposition you might have to make to 'that body upon the subject. Of this you were well aware. It was my earnest desire that such a disposition might be made of the whole subject by Congress, who alone possess the power, as to prevent the inau- guration of a civil war between the parties in regard to the possession of the Federal forte in the harbor of Charleston." Further correspondence followed between the President and other seceding State Com- missioners, and the attitude of the former led to the following changes in his Cabi- net: December 12th, 1860, Lewis Cass resigned as Secretary of State, because the President declined to reinforce the forts in Charleston harbor. December 17th, Jere- miah S. Black was appointed his suc- cessor. December 10th, Howell Cobb, resigned as Secretary of the Treasurj' — " his duty to Georgia requiring it." December 12th, Philip F. Thomas was appointed his suc- cessor, and resigned, January 11th, 1861, because differing from the President and a majority of the Cabinet, "in the measures which have been adopted in reference to the recent condition of things in South Carolina," especially "touching the au- thority, under existing laws, to enforce the collection of the customs at the port of Charleston." January 11th, 1861, John A. Dix appointed his successor. 29th, John B. Floyd resigned as Secre- tary of War, because, after the transfer of Major Anderson's command from Fort Moultrie to Fort Sumter, the President de- clined " to withdraw the garrison from the harbor of Charleston altogether." December 31st, JosepIi Holt, Postmas- ter-General, was entrusted with the tem- porary charge of the War Department, and January 18th, 1861, was appointed Secre- tary of War. January 8th, 1801, Jacob Thompson resigned sis Secretary of the Interior, be- cause "additional troops, he had heard, liave been ordered to Charleston" in the Star of the West. December 17th, 1860, Jeremiah S. Black resigned as Attorney-General, and Edwix M. Stanton, December 20th, was appointed his successor. January 18th, 1861, Joseph Holt re- signed as Postmaster-General, and Ho- ratio King, February 12th, 1801, was ap- pointed his successor. President Buchanan, in his annual mes- sage of December 3d, 1860, appealed to Congress to institute an amendment to the constitution recognizing the rights of the Southern States in regard to slaver.' in the territories, and as this document embraced the views which subsequently led to such a general discussion of the right of seces- sion and the right to coerce a State, we make a liberal quotation from it : — " I have purposely confined my remarks to revolutionary resistance, because it has been claimed within the last few years that any State, whenever this shall be its sovereign will and pleasure, may secede from the L^nion in accordance with the Constitution, and without any violation of the constitutional rights of the other mem- bers of the Confederacy. That as each be- came parties to the Union by the vote of its own people assembled in convention, so any one of them may retire from the Union in a similar manner by the vote of such a convention. " In order to justif\' secession as a con- stitutional remedy, it must be on the prin- ciple that the Federal Government is a mere voluntary assciciation of States, to be dissolved at pleasure by any one of the contracting parties. If this be so, the Confederacy is a rope of sand, to be pene- trated and dissolved by the first adverse wave of public opinion in any of the States. In this manner our thirty-three States may resolve themselves into as many petty, jarring, and hostile republics, each one re- tiring from the L'nion without responsi- bility whenever any sudden excitement might impel them to such a course. By this process a L^nion might be entirely broken into fragments in a few weeks, which cost our forefathers many years of toil, privation, and blood to establish. " Such a principle is wholly inconsistent with the history as well as the character of the Federal Constitution. Afler it was framed with the greatest deliberation and care, it was submitted to conventions of the people of the several States for ratifi- cation. Its provisions were discussed at length in these bodies, composed of the Jfa first men of the country. Its opponents f contended that it conferred powers upon the Federal Government dangerous to the rights of the States, whilst its advocates maintained that, under a fair construction of the instrument, there was no foumlation for such apprehensions. In that mighty struggle between the first intellccLs of this BOOK I.] BUCHANAN'S VIEWS. 101 or any other country, it never occurred to any individual, either amonj!j its opponents or advocates, to assert or even to intimate tliat their efforts were all vain labor, be- cause the moment that any State I'elt lier- self ajj^grieved she might secede from the Union. What a erushing argument would this have proved against those who dreaded that the rights of the States would be en- dangered by the Constitution. The truth is, that it was not until some years after the origin of the Federal Government that such a proposition was first advanced. It was afterwards met and refuted by the conclusive arguments of General Jackson, who, in his message of the Kith of January, IS.S;}, transmitting the nullifying ordinance of South Carolina to Congress, employs the following language : ' The right of the peo- ple of a single State to absolve themselves at will and without the consent of the other States from their most solemn obli- gations, and hazard the liberty and happi- ness of the millions composing this Union, cannot be acknowledged. Such authority is believed to be utterly repugnant both to the principles upon which the General Government is constituted, and to the ob- jects which it was expressly formed to attain.' " It is not pretended that any clause in the Constitution gives countenance to such a theory. It is altogether founded upon inference, not from any language con- tained in the instrument itself, but from the sovereign character of the several States by which it was ratified. But it is beyond the i)ower of a State like an indi- vidual, to yield a portion of its sovereign rights to secure the remaincier? In the language of Mr. Madison, who has been called the fiither of the Constitution, ' It was formed by the States — that is, by tlie people in each of the States acting in their nighest sovereign capacity, and formed con- sequently by the same authority which formed the State constitutions.' ' Nor is the Government of the United States, created by the Constitution, less a Govern- ment, in the strict sense of the term with- in the sjjhere of its powers, than the gov- ernments created by the constitutions of the States are within their several spheres. It is like them organized into legislative, executive, and judiciary departments. It operates, like them, directly on persons and things; and, like them, it has at com- mand a physical force for executing the powers committed to it.' " It was intended to be perpetual, and not to be aniuilled at the pleasure of any one of the contracting parties. The old Articles of Confederation were entitled 'Articles of Confederation and Perpetual Union between the States ; ' and by the thirteenth article it is expressly declared that ' the articles of this confederation shall be inviolably observed by every State, and the Union shall be perpetual.' The preamble to the constitution of the United States, liaving express reference to the Articles of Confederation, recites that it was established 'in order to form a more j)erfect union.' And yet it is contended that this ' more perfect union ' does not in- clude the esssential attribute of perpe- tuity. " But that the Union wa.s designed to be perpetual, appears conclusively from the nature and extent of the powers con- ferred by the Constitution of the Federal Government. These powers end)race the very highest attributes of national sov- ereignty. They place both the sword and purse under its control. Congress haa jjower to make war and to make peace; to raise and support armies and navies, and to conclude treaties with foreign govern- ments. It is invested with the power to coin money, and to regulate the value thereof, and to regulate commerce with foreign nations and among the several States. It is not necessary to enumerate the other high powers which have been conferred upon the Federal Government. In order to carry the enumerated ])0wer8 into effect. Congress possesses the exclusive right to lay and collect duties on imports, and, in common with the States, to lay and collect all other taxes. " But the Constitution has not only con- ferred these high powers upon Congress, but it has adopted effectual means to re- strain the States from interfering with their exercise. For that purpose it has in strong prohil)itory language expressly declared that ' no State shall enter into any treaty, alliance, or confederation ; grant letters of marque and reprisal ; coin money ; emit bills of credit; make anything but gold and silver coin a tender in payment of debts; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts.' Moreover, ' without the con- sent of Congress no State shall lay any im- posts or duties on any imports or exports, except what may be absolutely necessary for executing its inspection laws,' and if they exceed this amount, the excess shall belong to the United States. And ' no State shall, without the consent of Con- gress, lay any duty of tonnage, keep troops or ships of war in time of peace, enter into any agreement or compact with another State, or with a foreign power, or engage in war, unless actually invaded or in sueh imminent danger as will not admit of delay.' " in order still fiirthcr to secure the un- interrupted exercise of these high powers against State interposition, it is provided ' that this Constitution and the laws of the United States which shall be made in pur- suance thereof, and all treaties made or 102 AMERICAN POLITICS. [book I. which shall be made under the authority of the United States, shall be the supreme law of the land; and the judges in every State shall be bound thereby, any thing in the Constitution or laws of any State to the contrary notwithstanding.' " The solemn sanction of religion has been superadded to the obligations of official duty, and all Senators and Repre- sentatives of the United States, all mem- bers of State Legislatures, and all execu- tive and judicial officers, ' both of the United States and of the several States, shall be bound by oath or affirmation to support this Constitution.' " In order to carry into effect these powers, the Constitution has established a t)erfect Government in all its forms, legis- ative, executive, and judicial ; and this Government to the extent of its powers acts directly upon the individual citizens of every State, and executes its own de- crees by the agency of its own officers. In this respect it differs entirely from the Government under the old confederation, which was confined to making requisitions on the States in their sovereign character. This left it in the discretion of each whether to obey or refuse, and they often declined to comply with such requisitions. It thus became necessary, for the purpose of removing this barrier, and ' in order to form a more perfect union,' to establish a Government which could act directly upon the people and execute its own laws with- out the intermediate agency of the States. This has been accomplished by the Con- stitution of the United States. In short, the Government created by the Constitu- tion, and deriving its authority from the sovereign people of each of the several States, has precisely the same right to exercise its power over the people of all these States in the enumerated cases, that each one of them possesses over subjects not delegated to the United States, but 'reserved to the States respectively or to the peoj)le.' " To the extent of the delegated powers the Constitution of the United States is as much a i)art of tlie constitution of each State, and is as binding upon its ))eople, as though it had been textually inserted tlicreiii. " This Government, therefore, is a great and powerful Government, invested with all the attributes of sovereignty over the sjiecial 8ul)jccts to wliich its authority ex- tends. Its framiTS never intended to im- plant in its bosom the seeds of its own destruction nor wen; tliey at its creation guilty of the absurdity of {providing for its own dissolution. It was not intended by it.s framers to be tlie baseless fabric of a vision, wliicli, at the touch of the en- chanter, would vanish into thin air, but a Bubstantial and mighty fabric, capable of resisting the slow decay of time, and of defying the storms of ages. Indeed, well may the jealous patriots of that day have indulged fears that a Government of such high power might violate the reserved rights of the States, and wisely did they adopt the rule of a strict construction of these powers to prevent the danger. But they did not fear, nor had they any reason to imagine that the Constitution would ever be so in- terpreted as to enable any State by her own act, and without the consent of her sister States, to discharge her peojile from all or any of their federal obliga- tions. " It may be asked, then, are the people of the States without redress against the tyranny and oppression of the Federal Government? By no means. The right of resistance on the part of the governed against the oppression of their govern- ments cannot be denied. It exists inde- pendently of all constitutions, and has been exercised at all periods of the world's his- tory. Under it, old governments have been destroyed and new ones have taken their place. It is embodied in strong and ex- press language in our own Declaration of Indejjendence. But the distinction nmst ever be observed that this is revolution against an established Government, and not a voluntarj^ secession from it by virtue of an inherent constitutional right. In short, let us look the danger fairly in the face; secession is neither more nor less than revolution. It may or it may not be a justifiable revolution ; but still it is rev- olution." The President having thus attempted to demonstrate that the Constitution affords no warrant for secession, but that this was inconsistent both with its letter and si-)irit, then defines his own position. lie says: " What, in the mean time, is the respon- sibility and true position of the Executive? He is bound by solemn oath, before God and the country, ' to take care that the laws be faithfully executed,' and from this obligation he cannot be absolved by any human power. But what if the perfor- mance of this duty, in whole or in part, has been rendered im]iracticable by events over which he could have exercised no control ? Such, at the present moment, is the case throughout the State of South Carolina, so far as the laws of the United States to secure the administration of jus- tice by means of the Federal judiciary are concerned. All the Federal officers within its limits, through whose agency alone these laws can be carried into execution, have already resigned. We no longer have a district judge, a district attorney, or a marshal in South Carolina. In fact, the whole machinery of the Federal gov- ernment necessary for the distribution of remedial justice among the people has been BOOK I.J BUCHANAN'S VIEWS. 103 demolished, and it would be difficult, if not impossible, to replace it. " The only acts of Congress on the stat- ute book bearing upon this subject are those of the 128th Februriy, 1795, and 3rd March, 1807. These authorize tlie Tresi- dent, after he shall have ascertained that the marshal, with his posse vuinitatus, is unable to execute civil or criminal process in any particular case, to call Ibrth the militia and employ the army and navy to aid him in performing this service, having first by proclamation commanded the in- surgents ' to disperse and retire peaceably to their respective abodes within a limited time.' This duty cannot by possibility be ])erformed in a State where no judicial au- thority exists to issue process, and where there is no marshal to execute it, and where, even if there were such an officer, the entire population would constitute one solid combination to resist him. " The bare enumeration of these provi- sions proves how inadequate they are with- out further legislation to overcome a united opposition in a single State, not to speak of other States who may place themselves in a similar attitude. Congress alone has power to decide whether the present laws can or cannot be amended so as to carry out more effectually the objects of the Constitution. " The same insuperable obstacles do not lie in the way of executing the laws for the collection of customs. The revenue still continues to be collected, as heretofore, at the custom-house in Charleston, and should the collector unfortunately resign, a suc- cessor may be appointed to perform this duty. " Then, in regard to the property of the United States in South Carolina. This has been purchased for a fair equivalent, * by the consent of the Legislature of the State,' ' for the erection of forts, magazines, arsenals,' &c., and over these tbe authority ' to exercise exclusive legislation ' has been expressly granted by the Constitution to Congress. It is not believed that any at- tempt will be made to expel the United States from this property by force ; but if in this I should prove to be mistaken, the officer in command of the forts has re- ceived orders to act strictly on the defen- sive. In such a contingency the respon- sibility for consequences would rightfully rest upon the heads of the assailants. " Apart from the execution of the laws, so fiir as this may be practicable, the Ex- ecutive has no authority to decide what shall be the relations between the Federal Government and South Carolina. He has been invested with no such discretion. He possesses no power to change the relations heretofore existing between them, much less to acknowledge the independence of that State. This would be to invest a mere executive officer with the power of recog- nizing the dissolution of the Coniederacy among our thirty-three sovereign States. It bears no relation to the recognition of a foreign dc facto Government, involving no such responsibility. Any attempt U) do this would, on his part, be a naked act of usurpation. It is, therefore, my duty to submit to Congress the whole question in all its bearings." Then follows the opinion expressed in the message, that the Constitution has con- ferred no power on the Federal Govern- ment to coerce a State to remain in the Union. The following is the language : " The question fairly stated is, ' Has the Constitution delegated to Congress the power to coerce a State into submission which is attempting to withdraw, or has actually withdrawn from the Confedera- cy?' If answered in the affirmative, it must be on the principle that the power has been conferred upon Congress to make war against a State. "After much serious reflection, I have arrived at the conclusion that no such power has been delegated to Congress or to any other department of the Federal Government. It is manifest, upon an in- spection of the Constitution, that this is not among the specific and enumerated powers granted to Congress ; and it is equally apparent that its exercise is not ' necessary and proper for carrying into execution' any one of these powers. So far from this power having been delegated to Congress, it was expressly refused by the Convention which framed the Constitu- tion. " It appears from the proceedings of that body that on the 31st May, 1787, the clause ' authorizing an exertion of the force of the whole against a delinquent State ' came up for consideration. Mr. Madison opposed it in a brief but powerful speech, from which I shall extract but a single sentence. He observed : * The use of force against a State would look more like a declaration of war than an infliction of punishment, and would probably be con- sidered by the party attacked as a dissolu- tion of all previous compacts by which it might be bound.' Upon his motion the clause was unanimously postponed, and was never, I believe, again presented. Soon afterwards, on the 8th June, 1787, when incidentally adverting to the subject, he said: 'Any government for the United States, formed on the su])posed practica- bility of using force against the unconsti- tutional proceedings of the States, would prove as visionary and fallacious as the government of Congress,' evidently mean- ing the then existing Congress of the old confederation." At the time of the delivery of this mes- sage the excitement was very high. The 104 AMERICAN POLITICS. [book I. extreme Southerners differed from it, in so far as it disputed both the right of revolu- tion and secession under the circumstances, but quickly made a party battle-cry of the denial of the right of the National Gov- ernment to coerce a State — a view which for a time won the President additional friends, but which in the end solidified all friends of the Union against his adminis- tration. To show the doubt which this ingenious theory caused, we quote from the speech of Senator Andrew Johnson, of Tennessee (subsequently Vice-President and acting President), delivered Dec. 18th, 1860, (Congressional Globe, page 119) :— " I do not believe the Federal Govern- ment has the power to coerce a State, for by the eleventh amendment of the Con- stitution of the United States it is expressly provided that you cannot even jjut one of the States of this confederacy before one of the courts of the country as a party. As a State, the Federal Government has no power to coerce it ; but it is a member of the compact to which it agreed in com- mon with the other States, and this Gov- ernment has the right to pass laws, and to enforce those laws upon individuals within the limits of each State. While the one proposition is clear, the other is equally so. This Government can, by the Constitution of the country, and by the laws enacted in conformity with the Constitution, operate upon individuals, and has the right and pow^er, not to coerce a State, but to enforce and execute the law upon individuals within the limits of a State." Senator Jefferson Davis of Mississippi, publicly objected to the message because of its earnest argument against secession, and the determination expressed to collect the revenue in the ports of South Carolina, by means of a naval force, and to defend the public proi)erty. From this moment they alienated themselves from the President. Soon th'Tcafter, when he refused to with- draw Major Anderson from Fort Sumter, on the demand of the self-styled South Carolina Commissioners, the separation be- came complete. For more than two months before the close of the session all friendly intercourse l>etween them and the Presi- dent, whether of a political or social cha- racter, had ceased. The Crltt«ny the Convention, went so far as distinctly to recognize the right of secession. More than ten days were consumed in discussion and in voting upon various pro- positions offered by individual commis- sioners. The final vote was not reached until Tuesday, the 2Gth February, when it was taken on the first vitally important section, as amended. This section, on which all the rest de- pended, was negatived by a vote of eight States to eleven. Those which voted in its favor were Delaware, Kentucky, Mary- land, New Jersey, Ohio, Pennsylvania, Rhode Island, and Tennessee. And those in the negative were Connecticut, Illinois, Iowa, Maine, Massachusetts, Missouri, New York, North Carolina, New Hamp- shire, Vermont, and Virginia. It is but justice to say that Messrs. Ruffin and More- head, of North Carolina, and jNIessrs. Rives and Summers, of Virginia, two of the five commissioners from each of these States, declared their dissent from the vote of their respective States. So, also, did Messrs. Bronson, Corning, Dodge, Wool, and Granger, five of the eleven New York commissioners, dissent from the vote of their State. On the other hand, Messrs. Meredith and Wilmot, two of the seven commissioners from Pennsylvania, dis- sented from the majority in voting in favor of the section. Thus would the Conven- tion have terminated but for the inter- position of Illinois. Immediately after the section had been negatived, the com- missioners from that State made a motion to reconsider the vote, and this prevailed. The Convention afterwards adjourned un- til the next morning. When they reassem- bled (February 27,) the first section was adopted, but only by a majority of nine to eight States, nine being less than a ma- jority of the States represented. This change was effected by a change of the vote of Illinois from the negative to the affirm- ative, by Missouri withholding her vote, and by a tie in the New York commis- sioners, on account of the absence of one of their number, rendering it imi)Ossible for the State to vote. Still Virginia .and North Carolina, and Connecticut, Maine, Massachusetts, New Hampshire, and Ver- mont, persisted in voting in the negative. From the nature of this vote, it was mani- festly impossible that two-tliirds of b"th Houses of Congress should act favorably 108 AMERICAN POLITICS. [book I. on the amendment, even if the delay had not already rendered such action imprac- ticable before the close of the session. The remaining sections of the amend- ment were carried by small majorities. The Convention, on the same day, through Mr. Tyler, their President, communicated to the Senate and House of Representa- tives the amendment they had adopted, embracing all the sections, with a request that it might be submitted by Congress, under the Constitution, to the several State Legislatures. In the Senate this was im- mediately referred to a select committee, on motion of Mr. Crittenden. The com- mittee, on the next day (28th Feb.), re- ported a joint resolution proposing it as an amendment to the Constitution, but he was never able to bring the Senate to a direct vote upon it. Failing in this, he made a motion to substitute the amendment of the Peace Convention for his own. Mr. Crittenden's reasons failed to con- vince the Senate, and his motion was re- jected by a large majority (28 to 7). Then next in succession came the memorable vote on Mr. Crittenden's own resolution, and it was in its turn defeated, as we have already stated, by a majority of 20 against 19. In the House of Representatives, the amendment proposed by the Convention was treated with still less consideration than it had been by the Senate. The Speaker was refused leave even to present it. Every effort made for this purpose was successfully resisted by leading Repub- lican members. The consequence is that a copy of it does not even appear in the Journal. The refusal to pass the Crittenden or any other Compromise heightened the excite-* ment in the South, where many showed great reluctance to dividing the Union. Georgia, though one of the cotton States, under the influence of conservative men like Alex. H. Stephens, showed greater concern for the Union than any other, and it took all the influence of spirits like that of Robert Toombs to bring her to favor secession. She was the most powerful of the cotton States and the richest, as she is to-day. On the 22d of December, 1860, Robert Toombs sent the following exciting telegrajiliic manifesto from Washington: teUow- Citizens of Georffia : I came here to secure your constitutional rights, or to demonstrate to you that you can get no guarantees for these rights from your North- ern Confedcnites. The whole subject was referred to a com- mittee of tliirtecn in the Senate! yesterday. I Wits appointed on tlie committee and ac- cepted the trust. I submitted j)ropositions, which, 80 far from receiving decided sup- I)ort from a single member of the Repnh- ican party on the committee, were all treated with either derision or contempt. The vote was then taken in committee on the amendments to the Constitution, pro- posed by Hon. J. J. Crittenden of Ken- tucky, and each and all of them were voted against, unanimously, by the Black Re- publican members of the committee. In addition to these facts, a majority of the Black Republican members of the committee declared distinctly that they had no guarantees to offer, which was si- lently acquiesced in by the other members. The Black Republican members of this Committee of Thirteen are representative men of their party and section, and to the extent of my information, truly represent the Committee of Thirty-three in the House, which on Tuesday adjourned for a week without coming to any vote, after solemnly pledging themselves to vote on all proposi- tions then before them on that date. That committee is controlled by Black Republicans, your enemies, who only seek to amuse you with delusive hope until your election, in order that you may defeat the friends of secession. If you are deceived by them, it shall not be my fault. I have put the test fairly and frankly. It is de- cisive against you ; and now I tell you up- on the faith of a true man that all further looking to the North for security for your constitutional rights in the Union ought to be instantly abandoned. It is fraught with nothing but ruin to yourselves and your posterity. Secession by the fourth of March next should be thundered from the ballot-box by the unanimous voice of Georgia on the second day of January next. Such a voice will be your best guarantee for liberty, SECURITY, TRANQUILLITY and GLORY, Robert Toombs. important telegraphic correspond- ENCE. Atlanta, Georgia, December 26th, 1860, Hon. S. A. Douglas or Hon. J. J. Critten- den : Mr. Toombs's despatch of the 22d inst. unsettled conservatives here. Is there any hope for Southern rights in the Union ? We are for the Union of our fathers, if South- ern rights can be preserved in it. If not, we are for secession. Can we yet lujpe the Union will be preserved on this jjrin- ciple? You are looked to in this emer- gency. Give us your views by despatcli and oblige William Ezzard. Robert W. Sims. James P. Hambleton. Thomas S. Powell. 8. G. Howell, J. A. Hayden. G. W. Adair. R. C. Honlester. BOOK I.] SECESSION. 109 Washington, December 29th, 1860. In reply to your inquiry, we have hopes that the riglits of the South, and of every State and section, may be protected within the Union. Don't give up the ship. Don't despair of the llepublic. J. J. Crittenden. S. A. Douglas. Congress, amid excitement wliich tlie above dispatches indicate, and which was general, remained for several weeks com- paratively inactive. Buchanan sent mes- sages, but his suggestions were distrusted by the Republicans, who stood firm in the conviction that when Lincoln took his seat, and the new Congress came in, they could pass naeasures calculated to restore the property of and protect the integrity of the Union. None of th.em believed in the right of secession ; all had lost faith in compromises, and all of this party repudi- ated the theory that Congress had no right to coerce a State. The revival of these questions, revived also the logical thoughts of Webster in his great reply to Hayne, and the way in which he then expanded the constitution was now accepted as the jiroper doctrine of Republicanism on that question. No partisan sophistry could shake the convictions made by Webster, and so apt were his arguments in their application to every new development that they supplied every logical want in the Northern mind. Republican orators and newspapers quoted and endorsed, until nearly every reading mind was imbued with the same sentiments, until in fact tho Northern Democrats, and at all times the Douglas Democrats, were ready to stand by the flag of the Union. George W. Curtis, in Harper^ s Weekly (a journal which at the time graphically illustrated the best Union thoughts and sentiments), in an issue as late as January 12th, 1872, well described the power of Webster's grand ability * over a crisis which he did not live to see, Mr. Curtis says : — " The war for the Union was a vindica- tion of that theory of its nature which Webster had maintained in a memorably impregnable and conclusive manner. His second speech on Foot's resolution — the reply to Hayne — was the most famous and effective speech ever delivered in this country. It stated clearly and fixed firmly in the American mind the theory of the government, which was not. indeed, origi- nal with Webster, but which is nowhere else presented with such complete and in- exorable reason as in this speech. If the poet be the man who is so consummate a master of expression that he only says per- * The text of Webster's speech in reply to Ha.vne, now- accepted as the greatest constitutional oxi)osition ever made by any American orator, will be found in our book devoted to Great Speeches on Great Issues. fectly what everybody thinks, upon this great occasion the orator was the poet. He spoke the profound but often obscured and dimly conceived conviction of a nation. He made the whole argument of the civil war a generation before the war occurred, and it has remained unanswered and un- answerable. Mr. Everett, in his discourse at the dedication of the statute of Webster, in the State-House grounds in Boston in 1859, described the orator at the delivery of this great speech. The evening before he seemed to be so careless that ]\Ir. Ever- ett feared that he might not be fully aware of the gravity of the occasion. But when the hour came, the man was there. ' As I saw him in the evening, if I may borrow an illustration from his favorite amuse- ment,' said Mr. Everett, 'he was as un- concerned and as free of s])irit as some here have often seen him while floating in his fishing-boat along a hazy sliore, gently rocking on the tranquil tide, dropping his line here and there with the varying for- tune of the sport. The next morning he was like some mighty admiral, dark and terrible, casting the long shadow of his frowning tiers far over the sea, that seemed to sink beneath him; his broad pennant streaming at the main, the Stars and Stripes at the fore, the mizzen, and the peak, and bearing down like a temj^est upon his an- tagonist, with all his canvas strained to the wind, and all his thunders roaring from his broadsides.' This passage well sug- gests that indescribable impression of great oratory which Rufus Choate, in his eulogy of Webster at Dartmouth College, conveys by a felicitous citation of what Quintilian says of Hortensius, that there was some s]iell in the spoken word which the reader misses." As we have remarked, the Republicans were awaiting the coming of a near and greater power to themselves, and at the same time jealously watching the move- ments of the friends of the South in Con- gress and in the President's Cabinet. It needed all their w.atchfulness to ])revent advantages which the secessionists thought they had a right to take. Thus .Tefterson Davis, on .Tanuary 9th, 18(50, introduced to the senate a bill " to authorize the sale of public arms to the several States and Territories," and as secession became more probable he sought to press its passage, but failed. Floyd, the Secretary of War, w;vs far more successful, and his conduct was made the subject of the following historic and most remarkable report : — Transrer of V. S. Amis South In 1859-60. Report (Abstract of) made by Mr. B. Stanton, from the Committee on Military 110 AMERICAN POLITICS. [book 1. Affairs, in House of Eepresentatives, Feb. 18th, 18G1. The Committee on Military Affairs, to whom was referred the resolution of the House of Representatives of 31st of De- cember last, instructing said committee to inquire and report to the House, how, to whom, and at what price, the public arms distributed since the first day of January, A. D. 1860, have been disposed of; and also into the condition of the forts, arsenals, dock-yards, etc., etc., submit the following report : That it appears from the papers herewith submitted, that Mr. Floyd, the late Secre- tary of War, bv the authority or under color of the law of :\Iarch 3d, 1825, author- izing the Secretary of War to sell any arms, ammunition, or other military stores which should be found unsuitable for the piiblic service, sold to sundry persons and States 31,610 flint-lock muskets, altered to per- cussion, at $2.50 each, between the 1st dav of January, A. D. 1860, and the 1st day of "January, a.d., 1861. It will be seen from the testimony of Colonel Craig and Captain Maynadier, that they differ as to whether the' arms so sold had been found, "upon proper inspection, to be unsuitable for the public service." Whilst the Committtee do not deem it important to decide this question, they say, that in their judgment it would require a very liberal construction of the law to bring these sales within its provisions. It also appears that on the 21st day of November last, Mr. Belknap made applica- tion to the Secretary of War for the pur- chase of from one to two hundred and fifty thousand United States muskets, flint-locks and altered to percussion, at $2.15 each; but the Secretary alleges that the acceptance was made under a misapprehension of the price bid, he supposing it was $2.50 each, instead of $2.15. Mr. Belknap denies all knowledge of any mistake or misapprehension, and insists upon the performance of his contract. The present Secretary refuses to recog- nize the contract, and the muskets have not been delivered to Mr. Belknap. Mr. liclknap testifies that the muskets were intended for the Sardinian govern- ment. It will appear by the papers herewith submitted, that on the 29tli of December, 1850, the Secretary of War ordered the transfer of 05,000 percussion muskets, 40- 000 muskets altered to percussion, andlO- 000 percussion rifles, from the Springfield Armory and the Watertown and Wat, La., and that these arms were distributed during the spring of 1800 as follows : Percussion Altered muski'ts. muskets. Rifles. To Cliarleston Arsenal, 0,280 5,720 2,000 To North Carolina Arsenal, loASO 9,520 • 2,000 To Augusta Arsenal, 12,380 7,020 2,000 To Mount Vernon Arsonal, 9,280 5,7J0 2,000 To Baton Ilouge Arsenal, 18,580 11,420 2,000 65,000 40,000 10,000 All of these arms, except those sent to the North Carolina Arsenal,* have been seized by the authorities of the several States of South Carolina, Alabama, Loui- siana and Georgia, and are no longer in possession of the United States. It will appear by the testimony herewith presented, that on the 20th of October last the Secretary of War ordered forty colum- biads and four thirty-two pounders to be sent from the Arsenal at Pittsburg to the fort on Ship Island, on the coast of Missis- sippi, then in an unfinished condition ,i.and seventy columbiads and seven thirty-two pounders to be sent from the same Arsenal to the fort at Galveston, in Texas, the building of which had scarcely been com- menced. This order was given to the Secretary of War, without any report from the Engineer department showing that said works were ready for their armament, or that the guns were needed at either of said points. It will be seen by the testimony of Cap- tain Wright, of the Engineer department, that the fort at Galveston cannot be ready for its entire armament in less than about five years, nor for any part of it in less than two ; and that the fort at Ship Island will require an appropriation of $85,000 and one year's time before it can be ready for any part of its armament. This last named fort has been taken possession of by the State authorities of Mississippi. The order of the late Secretary of War (Floyd) was countermanded by the present Secretary (Holt) beibre it had been fully executed by the shipment of said guns from Pittsburg.f It will be seen by a communication from the Ordnance oflice of the 21st of January last, that bv the last returns there were re- maining in the United States arsenals and armories the following small arms, viz : Percussion muskets and muskets altered to percussion of calibre 69 .: 499,554 Percussion rifles, calibre 54 42,011 Total 541,565 * Tlieso were afterwardfi seized. t TIk' attempted removal of tlieso heavy guns from Al- Irplimy Arsenal, late in I)ec<'mber, 18fiO, created intense exciten'i.'nt, A monster mass meotinR assemliled at tho rijl of the Mavor of tho city, and eiti/.ens of all piirtU'S aided in the effort to prevent tlie shipment. Tliroiipch tlie interpositicjn of Hon. .1. K. Moorhead, Hon. U. Mc- Kiiiu'lit, JudRe Shaler. ,Iud(,'o Wilkins, .hidgo Shannon, and others inquiry was instituted, and a revocation of til.' onlerolitained." The Secessionists in ront;reHKliitlerly eomiilaiiied of tlie " nioh law" which thus interf<'red with tho routine of governmental uffairs.-Mcl'hersou'B Uistory. BOOK I.] SECESSION. HI Of these 60,878 were deposited in the arsenals of Soutli Cart)lina, Alabama, and Louisiana, and are in the possession of the authorities of those States, reducing the number in possession of the United States to 4S0,G87. Since the date of said communication, the luUowini^ additional forts and military posts have been taken possession of by parties acting under the authority of the States in which they are respectively situ- ated, viz : Fort Moultrie, South Carolina. Fort Morgan, Alabama. Baton Rouge Barracks, Louisiana. Fort Jackson, Louisiana. Fort St. Philip, Fort Pike, Louisiana. Oglethorpe Barracks, Georgia. And the department has been unofficially advised that the arsenal at Chattahoochee, Forts ]\[cRea and Barrancas, and Barracks, have been seized by the authorities of. Florida. To what further extent the small arms in possession of the United States may have been reduced by these figures, your committee have not been advised. The whole number of the sea-board forts in the United States is fifty-seven; their appropriate garrison in war would require 2(j,420 men ; their actual garrison at this time is 1,334 men, 1,308 of whom are in the forts at Governor's Island, New York ; Fort McHenry, Maryland ; Fort Monroe, Virginia, and at Alcatraz Island, California, in the harl)or of San Francisco. From the facts elicited, it is certain that the regular military force of the United States, is wholly inadequate to the pro- tection of the forts, arsenals, dockyards, and other property of the United States in the present disturbed condition of the country. The regular army numbers only 18,000 men when recruited to its maximum strength, and the whole of this force is required for the protection of the border settlements against Indian depreda- tions. Unless it is the intention of Con- gress that the forts, arsenals, dock-yards and other public property, shall be exposed to capture and si)oliation, the President must be armed with additional force for their protection. In the opinion of the Committee the law of February 28th, 1795, confers upon the President ample power to call out the mili- tia,to execute the laws and protect the ])ublic property. But as the late Attorney-General has given a different opinion, the Commit- tee to remove all doubt upon the subject, report the accompanying bill, etc. OTHEK ITEMS. Stutcmt-nl of Arrm dinlribiiled by Sale sinee the fimt of Jannarij, 1800, to whviii sold and the place whence told. 1 8(10. A menaU. To whom sold. No. Date of Sale. Where »oW. .r. W. Zachiirif & Co 4,000 Feb 3 St. Louis. .liimi'S T. Ames 1,IHJ(J Mar. 14 New York. ('ai)tain G. liarry 80 Juno H St. Louis. W. C. N. Swift 400 Aug. 31 Springfleld. do 80 Nov. l:J do. State of Alabama 1.000 Sep. 27 Baton l^JUgo. do 2,500 Nov. 14 do. State gf Vir{;inia 5,000 Nov. 6 Washington. Pliillips county, .Vrk 50 Nov. 16 St. Louis. G. IJ. Lamar lO.fXK) Nov. 24 Watervliet. The arms were all flint-lock muskets altered to percussion, and were all sold at $2.50 each, except those purchased by Cap- tain G. Barry and by the Phillips county volunteers, for which $2 each were paid. The Mol)ile Advertiser says : " During the i^ast year 135,430 muskets have been quietly transferred from the Northern Ar- senal at Springfield alone, to those in the Southern States. We are much obliged to Secretary Floyd for the foresight he has thus displayed in disarming the North and equipping the South for this emergency. There is no telling the quantity of arms and munitions which were sent South from other Northern arsenals. There is no doubt but that every man in the South who can carry a gun can now be supplied from \n\- vate or public sources. The Springfield contribution alone would arm all the mili- tiamen of Alabama and Mississi])pi." General Scott, in his letter of December 2d, 18G2, on the early history of the Rebel- lion, states that " Rhode Island, Delaware and Texas had not drawn, at the end of 18G0, their annual quotas of arms for that year, and Massachusetts, Tennessee, and Kentucky only in part; Virginia, South Carolina, Georgia, Florida, Alabama, Louisiana, Mississippi and Kansas were, by order of the Secretary of War, supplied with their quotas for 1861 in advance, and Pennsylvania and Maryland in part." This advance of arms to eight Southern States is in addition to the transfer, about the same time, of 115,000 muskets to South- ern arsenals, as per Mr. Stanton's report. Governor Letcher of Virginia, in his Message of December, 1861, says, that for some time prior to secession, he had l)een engaged in purchasing arms, ammunition, etc.; among which were 13 Parrott rifled cannon, and 5,000 muskets. He desired to buy from the United States Government 10,000 more, when buying the 5,000, but he says " the authorities declined to sell them to us, although five times the number were then in the arsenal at Washington." Had Jefferson Davis' bill relative to the purchase of arms become a law, the result might have been different. This and similar action on the part of the South, especially the attempted seizure and occupation of forts, convinced many 112 AMERICAN POLITICS. [book I. of the Republicans that no compromise could endure, however earnest its advo- cates from the Border States, and this earnestness was unquestioned. Besides their attachment to the Union, they knew that in the threatened war they would be the greatest suflerers, with their people di- vided neighbor against neighbor, their lands laid waste, and their houses destroy- ed. They had every motive for earnest- ness in the eifort to conciliate the disagree- ing sections. The oddest partisan feature in the en- tire preliminary and political struggle w-as the attempt, in the parlance of the day, of "New York to secede from New York" — an oddity verified by Mayor "Wood's recom- mendation in favor of the secession of New York city, made January 6th, 1861. The document deserves a place in this history, as it shows the views of a portion of tlie citizens then, and an exposition of their interests as jiresented by a citizen before and since named by repeated elections to Congress. Mayor 'Wood's Secession Message. To the Honorable the Common Council : Gentlemen: — We are entering upon the public duties of the year under circum- stances as unprecedented as they are gloomy and painful to contemplate. The great trading and producing interests of not only the city of New York, but of the entire country, are prostrated by a mone- tar)"^ crisis ; and although similar calami- ties have before befallen us, it is the first time that they have emanated from causes having no other origin than that which may be traced to political disturbances. Truly, may it now be said, " We are in the midst of a revolution bloodless as yet." Whether the dreadful alternative implied as probable in the conclusion of this pro- phetic quotation may be averted, " no hu- man ken can divine." It is quite certain that the severity of the storm is unexam- pled in our history, and if the disintegra- tion of the P'ederal Government, with the consequent destruction of all tlie material interests of the peo])le shall not follow, it will 1)6 owing more to the interposition of Divine Providence, than to the inherent preventive power of our institutions, or the intervention of any other human agency. It would seem that a dissolution of the Federal I'nion is inevitable. Having been formed originally on a basis of general and mutual protection, but separate local inde- pendence — each State reserving the entire and absolute control of itri own domestic affairs, it is <"vi(lently impossible to kcej) them togetlier longer than they deem them8elve.s fairly treated by each other, or longer than the interests, honor and fra- ternity of the people of the several States are satisfied. Being a Government created by opinion, its continuance is dependent upon the continuance of the sentiment which formed it. It cannot be preserved by coercion or held together by force. A resort to this last dreadful alternative would of itself destroy not only the Gov- ernment, but the lives and property of the people. If these forebodings shall be realized, and a separation of the States shall occur, momentous considerations will be pre- sented to the corporate authorities of this city. We must provide for the new re- lations which will necessarily grow out of the new condition of public affairs. It will not only be necessary for us to settle the relations which we shall hold to other cities and States, but to establish, if we can, new ones with a portion of our own State. Being the child of the Union, having drawn our sustenance from its bosom, and arisen to our present power and strength through the vigor of our mother — when deprived of her maternal advantages, we must rely upon our own resources and assume a position predicated upon the new phase which public affairs will present, and upon the inherent strength which our geographical, commer- cial, political, and financial pre-eminence imparts to us. With our aggrieved brethren of the Slave States, we have friendly relations and a common sympathy. We have not ])articipated in the warfare upon their con- stitutional rights or their domestic insti- tutions. While other portions of our State have unfortunately been imbued with the fanatical spirit which actuates a portion of the people of New England, the city of New York has unfalteringly preserved the integrity of its principles in adherence to the compromises of the Constitution and the equal rights of the people of all the States. We have respected the local in- terests of every section, at no time oi)prcss- ing, but all the while aiding in the tlevel- opment of the resources of the whole country. Our ships have penetrated to every clime, and so have New York capi- tal, energy and enterprise found their way to every State, and, indeed, to almost every county and town of the American Union. If we have derived sustenance from the Union, so have we in return disseminated blessinfs for the common benefit of all. Therelbre, New York has a right to ex- jjcct, and should endeavor to preserve a continuance of uninterrupted intercourse with every section. It is, however, folly to disguise the fact that, judging from the past, New York may liuve more cause of apjirehension from the aggressive legislation of our own State BOOKi.] CONGRESS ON THE EVE OF THE REBELLION. ]13 than from external dangers. We have already largely .suifercd I'roin this cause. For the past five years, our interests and corporate rights have been repeatedly trampled upon. Being an integral portion of the iState, it has been assumed, and in effect tacitly admitted on our part by non- resistance, that all political and govern- mental power over us rested in the State Legislature. Even the common right of taxing ourselves for our own government, has been yielded, and we are not permit- ted to do so without this authority. * * * Thus it will be seen that the political connection between the people of the city and the State has been usccl by the latter to our injury. The Legislature, in which the present partizan majority has the power, has become the instrument by which we are plundered to enrich their speculators, lobby agents, and Abolition politicians. Laws are passed through their malign inHuence by which, under forms of legal enactment, our burdens have been increased, our substance eaten out, and our municipal liberties destroyed. Self- government, though guaranteed by the State Constitution, and left to every other county and city, has been taken from us by this foreign power, whose dependents have been sent among us to destroy our liberties by subverting oilr political sys- tem. How we shall rid ourselves of this odi- ous and oppressive connection, it is not for me to determine. It is certain that a dissolution cannot be peacefully accom- plished, except by the consent of the Legislature itself. Whether this can be obtained or not, is, in my judgment, doubt- ful. Deriving so much advantage from its power over the city, it is not probable that a partizan majority will consent to a separation — and the resort to force by vio- lence and revolution must not be thought of for an instant. We have been distin- guished as an orderly and law-abiding people. Let us do nothing to forfeit this character, or to add to the present dis- tracted condition of public affairs. Much, no doubt, can be said in favor of the justice and policy of a separation. It may be said that secession or revolution in any of the United States would be subver- sive of all Federal authority, and, so far as the Central Government is concerned, the resolving of the community into its original elements — that, if part of the States form new combinations and Gov- ernments, (jther States may do the same. California and her sisters of the Pacific will no doubt set up an independent Re- public and husband their own rich min- eral resources. The Western States, equally rich in cereals and other agricultural pro- ducts, will probably do the same. Then it may be said, why should not New York city, instead of supporting by her contri- butions in revenue two-thirds of the ex- penses of the United States, become also equally independent? As a free city, witli but nominal duty on imports, her local Government could be supported without taxation upon her peoj)le. Thus we ctjuld live free from taxes, and have cheap goods nearly duty free. In this she would have the whole and united support of the Southern States, as well as all the other States to whose interests and rights under the Constitution she has always been true. It is well for individuals or communi- ties to look every danger square in the face, and to meet it calmly and bravely. As dreadful as the severing of the bonds that have hitherto united the Slates has been in contemplation, it is now apj)ar- ently a stern and inevitable fact. We have now to meet it with all the conse- quences, whatever they may be. If the Confederacy is broken up the Government is dissolved, and it behooves every distinct community, as well as every individual, to take care of themselves. When Disunion has become a fixed and certain fact, why may not New York dis- rupt the bands which bind her to a venal and corruj)t master — to a people and a party that have plundered her revenues, attemj^ted to ruin her commerce, taken away the power of self-government, and destroyed the Confederacy of which she was the proud Empire City? Amid the gloom which the present and prospective condition of things must cast over the country. New York, as a Free City, may shed the only light and hope of a future reconstruction of our once blessed Con- federacy. But I am not prepared to recommend the violence implied in these views. In stating this argument in favor of freedom, " peaceably if we can, forcibly if we must," let me not be misunderstood. The redress can be found only in appeals to the mag- nanimity of the people of the whole State. The events of the past two months have no doubt effected a change in the popular sentiment of the State and National poli- tics. This change may bring us the de- sired relief, and we may be able to obtain a repeal of the law to which I have re- ferred, and a consequent restoration of our corporate rights. Fernando Wood, Mayor. January 6th, 1861. Conjrrcss on the E-re of the Rebellion. It should be borne in mind that all of the propositions, whether for compromise, authority to suppress insurrection, or new laws to collect duties, had to be considered by the Second Session of the 36th Con- gress, which was then, with the exception 114 .MERICAN POLITICS. [book I. of the Republicans, a few Americans, and the anti-Lecompton men, supporting the administration of Buchanan. No Congress ever had so many and such grave proposi- tions presented to it, and none ever showed more exciting political divisions. It was composed of the following persons, some of whom survive, and most of whom are historic characters : SENATE. John C. Breckinridge, of Kentucky, Vice-President; Maine — H. Hamlin,* W. P. Fessenden. Neio Hampshire — John P. Hale, Daniel Clark. Vermont — Solomon Foot, J. Collamer. Massachusetts — Henry Wilson, Charles Sumner. Rhode Island — James F. Simmons, H. B. Anthony. Connecticut — L. S. Foster, Jas. Dixon. New York — William H. Seward, Preston King. JVew Jersey — J. C. Ten Eyck, J. R. Thom- son. Pennsylvania — S. Cameron, Wm. Bigler. Delau-are — J. A. Bayard, W. Saulsbury. Maryland — J. A. Pearce, A. Kennedy. Virginia — R. M. T. Hunter, James M. Mason. South Carolina — Jas. Chesnut,t James H. Hammond. t Koj-th Carolina — Thomas Bragg, T. L. Clingman. Alabama — B. Fitzpatrick, C. C. Clay, Jr. Mississipjn — A. G. Brown, JefF. Davis. Louisiana — J. P. Benjamin, John Sli- dell. Tennessee — A. 0. P. Nicholson, A. John- son. Arkansas — R. W. Johnson, W. K, Se- bastian. Kentucky — L. W. Powell, J. J. Critten- den. Missouri — Jas. S. Green, Trusten Polk. Ohio—B. F. Wade, Geo. E. Pugh. Indinna—J. D. Bright, G. N. Fitch. Illinois — S. A. Douglas, L. Trumbull. Michiyan — Z. Chandler, K. S. Bingham. Florida — D. L. Yulcc, S. R. Mallory. Georqia — Alfred Iverson, Robt. Toombs. T(xds—io\\\\ Heniphill, I.. T. Wigfall. Wisconsin — Charles Durkee, J. R. Doo- little. Jotrn — J. M. Grimes, Jas. Harlan. C(difornia — M. S. Latham, William M. Gwin. Minnesota — H. M. Rice, M, S. Wilkin- son. Oregon — Joseph Lane, Edward D. Ba- ker. •Rf^niKfHd January 17th, 1801, and eucccodod by IIou. Lot M. Morrill. ■\ Did not attend. HOUSE OF REPRESENTATIVES. William Pennington, of New Jersey, fl Speaker. ^i Maine — D. E. Somes, John J. Perry, E. B. French, F. H. Morse, Israel Washburn. Jr.,* S. C. Foster. New Hampshire — Gilman Marston, M. W. Tappan, T. M. Edwards. Vermont— E. P. Walton, J. S. Morrill. H. E. Royce. Massaclmsetts — Thomas D. Eliot, James Buffinton, Charles Francis Adams, Alexan- der H. Rice, Anson Burlingame, John B. Alley, Daniel W. Gooch, Charles R. Train, Eli Thayer, Charles Delano, Henry L. Dawes. Rhode Island — C. Robinson, W. D. Brayton. Connecticut — Dwight Loomis, John Woodruff, Alfred A. Burnham, Orris S. Ferry. Delaware — W. G. Whiteley. Neto York — Luther C. Carter, James Humphreys, Daniel E. Sickles, W. B. Ma- clay, Thomas J. Barr, John Cochrane, Gorge Briggs, Horace F. Clark, John B. Haskin, Chas. H. Van Wyck, William S. Kenyon, Charles L. Beale, Abm. B. Olin, John H.,Reynolds, Jas. B. McKean, G. W. Palmer, Francis E. Spinner, Clark B. Cochrane, Janjes H. Graham, Richard Franchot, Roscoe Conkling, R. H. Duell, M. Ludley Lee, Charles B. Hoard, Chas. B. Sedgwick, M. Butterfield, Emory B. Pottle, Alfred Wells, William Irvine, Al- fred Ely, Augustus Frank, Edwin R. Rey- nolds, Elbridge G. Spaulding Reuben E. Fenton. New Jersey — John T. Nixon, John L. N. Stratton, Garnett B. Adrain, Jetur R. Riggs, Wm. Pennington (Speaker). Pennsylvania — Thomas B. Florence, E. Joy Morris, John P. Verree, William Mill- ward, John Wood, John Hickman, Henry C. Longnecker, Jacob K. McKenty, Thad- deus Stevens, John W. Kellinger, James H. Campbell, George W. Scraiiton, Wil- liam H. Dinimick, Galusha A. Grow, James T. Hale, Benjamin F. Junkin, Edward McPherson, Samuel S. Blair, John Covode, William Montgomery, James K. Moorhead, Robert McKnight, William Stewart, Chapin Hall, Elijah Babbitt. Maryland — Jas. A. Stewart, J. M. Harris, H. W. Davis, J. M. Kunkel, G. W. Hughes. Virginia — John S. Millson, Muscoe R. H. Garnett, Daniel C. Dc Jarnette, Roger A. Pryor, Thomas S. Bocock, William Smith, Alex. R. Botelor, John T. Harris, Albert G. Jenkins, Slielton F. Leake, Henry A. Edmundson, Elbert S. Martin, Sherrard Clemens. ♦ llcKidnod and giiccocdcd January 2d, 1861, by Uva. Stephen C'uburu. BOOK I.] SECESSION. 115 South Carolina — John McQueen, Wm. Porcher Miles, Lawrence M. Keitt, Mill- edge L. Bouham, John D. Ashmore, Wm. W. Hoyce. North CaroUna—W. N. H. Smith, Thos. Euffin, W. Winslow, L. O'B. Branch, John A. Gilmer, Jas, M. Leach, Burton Craige, Z. B. Vance. Georgia — Peter E. Love, M. J. Crawford, Thos. Hardeman, Jr., L. J. Gartrell, J. W. H. Underwood, James Jackson, Joshua Hill, John J. Jones. Alabama — Jas. L. Pugh, David Clopton, Sydenh. Moore, Geo. S. Houston, W. R. W. Cobb, J. A. Stallworth, J. L. M. Curry. Mississippi — L. (J,. C. Lamar, Reuben Davis, William Barksdale, 0. R. Single- ton, John J. McRae. Louisiana — John E. Bouligny, Miles Taylor, T.G.Davidson, John M. Landrum. bhio—Q. H. Pendleton, John A. Gur- ley, C. L. Vallandigham, William Allen, James M. Ashley, Wm. Howard, Thomas Corwin, Benj. Stanton, John Carey, C. A. Trimble, Chas. D. Martin, Saml. S- Cox, John Sherman, H. G. Blake, William Hel- mick, C. B. Tompkins, T. C. Theaker, S. Edj^erton, Edward Wade, John Hutchins, John A. Bingham. Kcntiichj — Henry C. Burnett, Green Adams, S. O. Peyton, F. M. Bristow, W. C. Anderson, Robert Mallory, Wm. E. Simms, L. T. Moore, John Y. Brown, J. W. Stevenson. Tennessee — T. A. R. Nelson, Horace Maynard, R. B. Brabson, William B. Stokes, Robert Hatton, James H. Thomas, John V. Wright, James ]\L Quarles, Em- erson Etheridgc, Wm. T. Avery. Indiana — Wm. E. Niblack, Wm. H. English, Wm. M'Kee Dunn, Wm. S. Hol- man, David Kilgore, Albert G. Porter, John G. Davis, James W^ilson, Schuyler Colfax, Chas. Case, John U. Pettit. Illinois — E. B. "\V'ash]>urne, J. F. Farns- worth, Owen Lovejoy, Wm. Kellogg, I. N. Morris, John A. McClernand, James C. Robinson, P. B. Fouke, John A. Logan. Arkansas — Thomas C. Hindman, Albert Rust, Missouri — J. R. Barrett, T. L. Anderson, John B. Clark, James Craig, L. H. Wood- son, John S. Pheli)S, John W. Xoell. Mii!ii(/an — William A. Howard, Henry AValdroli, F. W. Kellogg, De W. C. Leach. Florida — George S. Hawkins. Texas — John II. Regan, A. J. Hamilton. loica — S. R. Curtis, Wm. Vandever. California — Charles L. Scott, John C. Burch. Wisconsin — John F. Porter, C. C. Wash- burne, C. H. Larrabee. Minnesota — Cyrus Aldrich, Wm. Win- dom. Orcf/ow— Lansing Stout. Kansas — Martin F. Conway, (sworn Jan. 80th, 18G1). MR. LINCOLN'S VIEWS. While the various propositions above given were under consideration, Mr. Lin- coln was of course an interested observer from his home in Illinois, where he awaited the legal time for taking his seat as President. His views on the efforts at comi)romise were sought by the editor of the New York Tribune, and expressed as follows : " ' I will suffer death before I will con- sent or advise my friends to consent to any concession or compromise which looks like buying the privilege of taking posses- sion of the Government to which we have a constitutional right ; because, Avhatever I might think of the merits of the various propositions before Congress, I should re- gard any concession in the face of menace as the destruction of the government it- self, and a consent on all hands that our system shall be brought down to a level with the existing disorganized state of af- fairs in Mexico. But this thing will here- after be, as it is now, in the hands of the people ; and if they desire to call a conven- tion to remove any grievances complained of, or to give new guarantees for the per- manence of vested rights, it is not mine to oppose.' " JUDGE black's views. Jeremiah S. Black, of Pennsylvania, was then Buchanan's Attorney General, and as his position has since been made the subject of lengthy controversy, it is pertinent to give the following copious ex- tract from his " Opinion upon the Powers of the President," in response to an official inquiry from the Executive : — The existing laws put and keep the Federal Government strictly on the defen- sive. You can use force only to repel an assault on the public property, and aid the courts in the performance of their duty. If the means given you to collect the revenue and execute the other laws be in- sufficient for that purpose. Congress may extend and make them more effectual to that end. If one of the States should declare her independence, your action cannot depend upon the rightfulness of the cause ujMin which such declaration is based. Whether the retirement of a State from the Lhiion be the exercise of a right reserved in the Constitution or a revolutionary movement, it is certain that you have not in either case the authority to recognize her in- dependence or to absolve her from her Federal obligations. Congress or the other States in convention assembled must take such measures as may be necessary and proper. In such an event I see no course for you but to go straight onward in the p.ath you have hitherto trodden, that is, execute the laws to the extent of 116 .MERICAN POLITICS. [book the defensive means placed in your hands, and act generally upon the assumption that the present constitutional relations between tlie States and the Federal Gov- ernment continue to exist until a new order of things shall be established, either by law or force. Whether Congress has the constitutional right to make war against one or more States, and require the Executive of the Federal Government to carry it on by means of force to be drawn from the other States, is a question for Congress itself to consider. It must be admitted that no such power is expressly given ; nor are there any words in the Constitution which imply it. Among the powers enumerated in article I. section 8, is that " to declare war, grant letters of marque and reprisal, and to make rules concerning captures on land and water.'' This certainly means nothing more than the power to commence, and carry on hostilities against the foreign enemies of the nation. Another clause in the same section gives Congress the power " to provide for calling forth the militia," and to use them within the limits of the State. But this power is so restricted by the words which immediately follow, that it can be exercised only for one of the fol- lowing purposes : 1. To execute the laws of the Union ; that is, to aid the Federal officers in the performance of their regular duties. 2, To suppress insurrections against the States ; but this is confined by article IV. section 4, to cases in which the State herself shall apply for assistance against her own people. 3. To repel the invasion of a State by enemies who come from abroad to assail her in her own territory. All these provisions are made to protect the States, not to authorize an attack by one part of the country upon another ; to preserve their peace, and not to plunge them into civil war. Our forefathers do not seem to have thought that war was calculated " to form a more perfect union, establish justice, insure domestic tran- quillity, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity." There was undoubtedly a strong and universal conviction among the men who framed and ratified the Constitu- tion, that military force would not only be useless, but pernicious as a means of hold- ing the States together. If it be tnie that war cannot be declared, nor a system of general hostilities carried on by the central government against a State, then it seems to follow that an attempt to do so would be ipsofnrfo an ex- pulsion of such State from the Union. IJeing treated as iin alien and an enemy, frobahlif cursed and execrated by j)Osterity for all covuny time, for the wide and desolating ruin that will inevitably follow this act you now propose to perpe- trate? Pause, I entreat you, and consider for a moment what reasons you can give that will even satisfy yourselves in calmer moments — what reason you can give to your fellow sufferers in the calamity that it will bring upon us. What reasons can you give to the nations of the earth to Justify it? They will be the calm and deliberate judges in the case; and what cause or one overt act can you name or point, on which to rest the plea of justihcation? What right has the North assailed ? What inter- est of the South has been invaded ? What justice has been denied? and what claim founded in justice and right has been withheld? Can either of you to-day name one governmental act of wrong, deliber- ately and purposely done by the govern- ment of Washington, of which the South has a right to comjilain ? I challenge the answer. While on the other hand, let me show the facts (and believe me, gentlemen, I am not here the advocate of the North ; but I am here the friend, the firm friend, and lover of the South and her institutions, and for this reason I speak thus plainly and faithfully for yours, mine, and every other man's interest, the words of truth and soberness), of which I wish you to judge, and I will only state facts which are clear and undeniable, and which now stand as records authentic in the histoiy of our country. When we of the South de- manded the slave-trade, or the importation of Africans for the cultivation of our lands, did they not yield the right for twenty years ? When we asked a three-fifths rep- resentation in Congress for our slaves, was it not granted ? When we asked and de- manded the return of any fugitive from justice, or the recovery of those persons owing labor or allegiance, was it not incor- porated in the Constitution, and again rat- ified and strengthened by the Fugitive Slave Law of 1850? But do you reply that in many instances they have violated this compact, and have not been faithful to their engagements? As individual and local communities, they may have done so ; but not by the sanction of Government; for that has always been true to Southern interests. Again, gentlemen, look at another act : when we have asked that more territory should be added, that we might spread the institution of slavery, have they not yielded to our demands in giving us Louisiana, Florida and Texas, out of which four States have been carved, and ami)le territory for four more to be adike Lucifer, son of the morning, it has fallen, never to rise again. [Continued applause. | For my part, f/rntlrmen, if Abra- ham TAncoln and Ifannihal Hamlin (o- viorrow vf-re to abdicate thfir ojjiccs and were to give me a blank sheet oj' jnijicr to write the conditions of rcannexatinn to the defunct Union, I would scornfully .spurn the overture, * * * * I invoke you, and I make it in some sort a personal appeal — personal so far as it tends to our assistance in Virginia — I do invoke you, in your demonstrations of popular opinion, in your exhibitions of official intent, to give no countenance to this idea of recon- struction. [Many voices, emphatically, ' Never,' and applause.] In Virginia they all say, if reduced to the dread dilemma of this memorable alternative, they will es- pouse the cause of the South as against the interest of the Northern Confederacy, but they whisper of reconstruction, and they say Virginia must abide in the Union, with the idea of reconstructing the Union which you have annihilated. I pray you, gentle- men, rob them of that idea. Proclaim to the world that upon no condition, and under no circumstance, will South Carolina ever again enter into political association with the Abolitionists of New England. [Cries of ' Never," and applause.] " Do not distrust Virginia. As sure as to-morrow's sun will rise upon us, just so sure will Virginia be a member of this Southern Confederation. [Applause.] And I tcill tell you, gentlemen, what will put her in the Southern Confederation in less than an hour by Shreicsbury clock — STRIKE A BLOW ! [Tremendous applause.] The very moment that blood is shed, old Virginia icill make common cause with her sisters of the Smith. [Applause.] It is impossible she should do otherwise." Warlike efforts were likewise used to keep some of the states firmly to their pur- pose. Hon. Jeremiah Clemens, formerly United States Senator from Alabama, and a member of the Alabama Seceding Con- vention who resisted the movement until adopted by the body, at an adjourned Re- construction meeting held at Huntsville, Ala., March 13, 1864, made this significant statement : — Mr. Clemens, in adjourning the meeting, said he Avould tell the Alabamians how their state was got out of the Union. " In 18(11," said Mr. C, " shortly after the Con- federate Government was put in operation, I was in the city of Montgomery. One day I stepped into the oftice of the Secre- taiy of War, General Walker, and found there, engaged in a very excited discussion, Mr. Jefferson Davis, Mr. Memminger, Mr. Benjamin, Mr. Gilchrist, a member of our Legislature from Loundes county, and a numl)er of other prominent gentlemen. They were discussing the propriety of im- mediately opening fire on Fort Sumter, to which (Jeneral Walker, the Secretary of War, ai>pearcd to be opnosed. Mr. Gil- christ said to him, ' Sir, unless you sprinkle l)loo(l in the face of the people of Alabama they will be back iu the old Union in less BooKi.] MR. LINCOLN'S FIRST ADMINISTRATION. 125 than ten days ! ' The next day General Beauregard opened his batteries on Sumter, and Alabama waa saved to the Confed- eracy." When the news flashed along the wires that Sumter had been fired upon, Lincoln immediately used his war powers and is- sued a call for 7r>,000 troops. All of the northern governors resi)onded with prompt- ness and enthusiasm ; but this was not true of the governors of the southern states which at that time had not seceded, and the Border States. We take from McPherson's admirable condensation, the evasive or hostile replies of the Governors referred to, and follow it with his statement of the military calls and legislation of both governments, but for the purposes of this work omit details which are too extended. REPLIES OF SOUTHERN STATE GOVERNORS TO LINCOLN'S CALL FOR 75,000 TROOPS. Governor Burton, of Delaware, iesued a proclamation, April 26, recommending the formation of volunteer companies for the protection of the lives and property of the people of Delaware against violence of any sort to which they may be exposed, the companies not being subject to be or- dered by the Executive into the United States service, the law not vesting him with such authority, but having the option of offering their services to the General Government for the defence of its capital and the support of the Constitution and laws of the country. Governor Hicks, of Maryland, May 14, issued a proclamation for the troops, stat- ing that the four regiments would be de- tailed to serve within the limits of Mary- land or for the defence of the capital of the United States. Governor Letcher, of Virginia, replied that "The militia of Virginia will not be furnished to the powers of Washington for any such use or purpose as they have in view. Your object is to subjugate the southern States, and a requisition made upon me for such an object — an object, in my judgment, not within the jiurview of the Constitution or the act of 1795 — will not be complied with. You have chosen to inaugurate civil war, and having done so we will meet it in a spirit as determined as the Administration has exhibited to- ward the South." Governor Ellis, of North Carolina, re- plied April 15 : "Your dispatch is received, and if gen- uine — which its extraordinary character leads me to doubt — I have to say in reply that I regard the levy of troops made by the Administration, for the purpose of sub- jugating the States of the South, as in vio- lation of the Constitution and a usurjiation of power. I can be no party to this wicked violation of the laws of the country, and to this war upon the liberties of a free peo- ple. You can get no troops from North Carolina. I will reply more in detail when your call is received by mail.'' Governor Magoffin, of Kentucky, re- plied, April 15 : " Your dispatch is received. In answer I say emphatically, Kentucky will furnish no troops for the wicked purpose of subdu- ing her sister Southern States." Governor Harris, of Tennessee, replied, April 18: " Tennessee will not furnish a single man for coercion, but fifty thousand, if necessa- ry, for the defence of our rights or those of our southern brethren." Governor Jackson, of Missouri, replied: " Your requisition is illegal, unconstitu- tional, revolutionary, inhuman, diabolical, and cannot be comj)Iied with." Governor Rector, of Arkansas, replied, April 22 : " None will be furnished. The demand is only adding insult to injury." ALL OTHER CALLS FOR TROOPS. May 3, 1861— The President called for thirty-nine volunteer regiments of infantry and one regiment of cavalry, with a mini- mum aggregate of 34,506 officers and en- listed men, and a maximum of 42,034; and for the enlistment of 18,000 seamen. May 3, 1861— The President directed an increase of the regular army by eight regi- ments of infantry, one of cavalry, and one of artillery — minimum aggregate, 18,054; maximum, 22,714. August 6 — Congress legalized this in- crease, and all the acts, orders, and pro- clamations respecting the Army and Navy. July 22 and 25, 1861 — Congress author- ized the enlistment of 500,000 volunteers. September 17, 1861 — Commanding offi- cer at Hatteras Inlet, N. C, authorized to enlist a regiment of loyal North Carolini- ans. November 7, 1861 — The Governor of Missouri was authorized to raise a force of State militia for State defence. December 3, 1861 — The Secretary of War directed that no move regiments, bat- teries, or independent companies be raised by the Governors of States, except upon the special requisition of the War Depart- ment. July 2, 1862— The President called for three hundred thousand volunteers. Under the act of .July 17, 1862. August 4, 1862 — The President ordered a drah of three hundred thousand militia, for nine months unless sooner discharged ; and directed that if any State shall not, by the 15th of August, furnish its quota of tiie additional 300,000 authorized by-law, the deficiency of volunteers in that State will also be niade up by special draft from the 12Q AMERICAN POLITICS. [book militia. Wednesday, September 3, was subsequently fixed for the draft. May 8, 1863 — Proclamation issued, de- fining the relations of aliens to the con- scription act, holding all aliens who have declared on oath their intention to become citizens and may be in the country within sixty-five days from date, and all who have declared their intention to become citizens and have voted. June 15, 1863 One hundred thousand men, for six months, called to repel the invasion of Maryland, West Virginia, Ohio, and Pennsylvania. October 17, 1863 — A proclamation was issued for 300,000 volunteers, to serve for three years or the war, not, however, ex- ceeding three years, to fill the places of those whose terms expire " during the coming year," these being in addition to the men raised by the present draft. In States in default under this call, January 6, 1864, a draft shall be made on that dav. February 1, 1864— Draft for 500,000 men for three years or during the war, ordered for March 10, 1864. March 14, 1864— Draft for 200,000 ad- ditional for the array, navy and marine corps, ordered for April 15, 1864, to supply the force required for the navy and to pro- vide an adequate reserve force for all con- tingencies. April 23, 1864—85,000 one hundred day men accepted, tendered by the Governors of Ohio, Indiana, Illinois, Iowa, and Wis- consin ; 30,000, 20,000, 20,000, 10,000 and 5,000 being tendered respectively. UNION MILITARY LEGISLATION. 1861, July 22— The President was au- thorized to accept the services of volun- teers, not exceeding five hundred thousand, for a period not exceeding three years. July 27, this authority was duplicated. 1861, July 27 — Nine regiments of in- fantry, one of cavalry, and one of artillery, added to the regular army. August 5 — Passed bill approving and legalizing the orders of the President re- 8i)ecting the army and navy, issued from 4th of March to that date. 1862, July 17— Autliorized the President, when calling forth the militia of the States, to specify the period of such service, not exceeding nine months; and if by reason of defects in existing laws or in the execu- tion of them, it shall be found necessary to provide for enrolling the militia, the President was authorized to make all necessary regulations, the enrollment to in- clude all able l)ominent Wisconsin men, who had won additional fame by accepting the challenge to duel of Roger A. Pryor of Virginia, and naming the American rifle as the weapon. F\jrtu- nately the duel did not come off. Penn- sylvania had then, as she still has. Judge Kelley of Philadelphia, chairman of Ways and Cleans in the 4Gth Congress ; also Edward McPherson, frequently since Clerk of the House, temporary President of the Cincinnati Convention, whose decision overthrew the unit rule, and author of several valuable political works, some of which we freely quote in this history. John Hickman, subsequently a Republi- can, but one of the earliest of the anti- Lecompton Democrats, was an admitted leader, a man of rare force and eloquence. So radical did he become that he refused to support the re-election of Lincoln. He was succeeded by John M. Broomall, who made several fine speeches in favor of the constitutional amendments touching slavery and civil rights. Here also were James Campbell, Hendricks B. Wright, John Covode, James K. Morehead, and Sj)eaker Grow — the father of the Home- stead Bill, which will be found in Book v., giving the Existing Political Laws. At this session Senator Trumbull of Illinois, renewed the agitation of the slavery question, by reporting from the Judiciary Committee of which he was Chairman, a bill to confiscate all property and free all slaves used for insurrectionary purposes.* Breckinridge fought the bill, as indeed he did all bills coming from the Republicans, and said if passed it would eventuate in "the loosening of all bonds." Among the facts stated in supj^ort of the measure was this, that the Confederates had at Bull Run used the negroes and sLiTes against the Union army — a state- ment never well established. The bill passed the Senate by 33 to 0, and on the 3d of August passed the House, though several Republicans there voted against it, fearing a top rapid advance would preju- dice the Union cause. Indeed this fear was entertained by Lincoln when he re- commended COMPENSATED EMANCIPATION in the second session of the 37th Congress, which recommendation excited official dis- cussion almost uj) to the time the emanci- pation proclamation was issued as a war necessity. The idea of compensated eman- * Arnold's "History of Abraham Lincoln. " 136 AMERICAN POLITICS. [book I, cipation originated with or was first form- ulated by James B. ]\IcKean of New York, who on Feb. 11th, 1861, at the 2d session of the 36th Congress, introduced the fol- lowing resolution : Whereas, The "Gulf States" have as- sumed to secede from the Union, and it is deemed important to prevent the " border slave States " from following their exam- ple ; and whereas it is believed that those who are inflexibly opposed to any measure of compromise or concession that involves, or may involve, a sacrifice of principle or , the extension of slaverj-, would neverthe- less cheerfully concur in any lawful measure for the emancipation of the slaves : Therefore, Resolved, That the select committee of five be instructed to inquire whether, by the consent of the people, or of the State governments, or by compensating the slaveholders, it be practicable for the Gen- eral Government to procure the emancipa- tion of the slaves in some, or all, of the "bor- der States ;" and if so, to report a bill for that purpose. Lincoln was so strongly impressed with the fact, in the earlier struggles of the war, that great good would follow compensated emancipation, that on March 2d, 1862, he sent a special message to the 2d session of the 37th Congress, in which he said : " I recommend the adoption of a joint resolution by your honorable bodies, which shall be substantially as follows : Resolved, That the United States ought to co-operate with any State which may adopt gradual abolishment of slavery, giv- ing to such State pecuniary aid, to be used by such State in its discretion, to compen- sate for the inconveniences, public and private, produced by such change of sys- tem. " If the proposition contained in the resolution does not meet the apjiroval of Congress and the country, there is the end ; but if it does command such approval, I deem it of importance that the States and people immediately interested should be at once distinctly notified of the fact, so that they may begin to consider whether to accept or reject it. The Federal Govern- ment would find its highest interest in such a measure, as one of the most efficient means of self-preservation. The leaders of the existing insurrection entertain the hope that this Government will ultimately be forced to acknowledge the independence of some part of the disafTccted region, and that all the slave States north of such part will then say, 'the Union for which we have struggled being already gone, we now choose to go with tlie southern section.' To deprive them of this hope, substantially ends the rebellion ; and the initiation of emancipation comi)letely deprives them of it aa to all the Statca initiating it. The point is not that all the States tolerating slavery would very soon, if at all, initiate emancipation ; but that, while the offer is equally made to all, the more northern shall, by such initiation, make it certain to the more southern that in no event will the former ever join the latter in their pro- posed confederacy. I say ' initiation,' be- cause, in my judgment, gradual, and not sudden emancipation, is better for all. In the mere financial or pecuniary view, any member of Congress, with the census tables and Treasury reports before him, can readily see for himself how very soon the current expenditures of this war would purchase, at fair valuation, all the slaves in any named State. Such a proi^osition on the part of the General Government sets up no claim of a right by Federal authority to interfere with slavery within State limits, referring, as it does the abso- lute control of the subject in each case to the State and its people immediately in- terested. It is proposed as a matter of per- fectly free choice with them. " In the annual message last December, I thought fit to say, ' the Union must be preserved; and hence all indispensable means must be employed.' I said this not hastily, but deliberately. War has been made, and continues to be an indispensa- ble means to this end. A practical reac- knowledgment of the national authority would render the war unnecessary, and it would at once cease. If, however, resist- ance continues, the war must also continue ; and it is impossible to foresee all the inci- dents which may attend, and all the ruin which may follow it. Such as may seem indispensable, or may obviously promise great efficiency toward ending the strug- gle, must and will come. " The proposition now made, though an offer only, I hope it may be esteemed no offence to ask whether the pecuniary con- sideration tendered would not be of more value to the States and private persons concerned, than are the institution, and property in it, in the present aspect of aff'airs ? " While it is true that the adoption of the proposed resolution would be merely initiatory, and not within itself a practical measure, it is recommended in the hope that it would soon lead to important prac- tical results. In full view of my great re- sponsibility to my God and to mycountr}', I earnestly beg the attention of Congress and the people to the subject." Mr. Conkling called the question up in the House March 10th, and under a sus- pension of the rules, it was passed by 97 to 36. It j)assed the Senate Ai)ril 2, by 32 to 10, the Republicans, as a rule, voting for it, the Democrats, Jis a rule, voting against it ; and this was true even of those m the Border States. BOOK I.] COMPENSATED EMANCIPATION. 137 The fact last stated excited the notice of President Lincoln, and in July, 18G2, he Bought an interview with the Border State Congressmen, the result of which is con- tained in j\[cP her son's Political Ilistury of the Great Rebellion, as follows : The President's Appeal to the Border Stutes. The Representatives and Senators of the border slaveholdiiig States, having, by special invitation of tiie President, been convened at the Executive Mansion, on Saturday luorning last, (July 12,) Mr. Lincoln addressed tlieni as follows from a written paper held in his hand : " Gentlemen : Alter the adjournment of Congress, now near, I shall have no opportunity of seeing you for several months. Believing that you of the border States hold more power for good than any other eipial number of members, I feel it a duty which I cannot justifiably waive, to make this appeal to you. " I intend no reproach or complaint when I assure you that, in my opinion, if you all had voted for the resolution in the gradual emancipation message of last March, tlie war would now be substantially ended. And tlie plan therein proposed is yet one of the most potent and swift means of ending it. Let the States which are in rebellion see definitely and certainly that in no event will the States you represent ever join their proposed Confederacy, and they cannot much, longer maintain the contest. But you cannot divest them of their hope to ultimately have you with them so long as you show a determination to perpetuate the institution within your own States. Beat them at elections, as you have overwhelmingly done, and, noth- ing daunted, they still claim you as their own. You and 1 know what the lever of their power is. Break that lever before their faces, and they can shake you no more forever. "Most of you have treated me with kindness and consideration, and I trust you will not now think I im]iroperly touch what is exclusively your own, when, for the sake of the whole country, I ask, ' Can you, for your States, do better than to take the course I urge?' Discarding punctilio and maxims adapted to more manageable times, and looking only to the unorece- dentedly stern facts of our case, can ycmdo better in any possible event? You prefer that the constitutional relations of the States to t!ie nation shall l)e ])ractically re-ray you consider this proposition; and at the least commend it to the consideration of your States and peo]ile. As you would perpetuate popular government for the best people in the world, I beseech you that you do in no- wise omit this. Our common country is in great peril, demanding the loftiest 138 AMERICAN POLITICS. [book I, views and boldest action to bring a speedy relief. Once relieved, ltd form of govern- ment is saved to the world, its beloved history and cherished memories are vin- dicated, and its happy future fully assured and rendered inconceivably grand. To you, more than to any others, the privi- lege is given to assure that happiness and swell that grandeur, and to link your own names therewith forever." At the conclusion of these remarks some conversation was had between the President and several members of the delegations from the border States, in ■which it was represented that these States could not be expected to move in so great a matter as that brought to their notice in the foregoing address while as yet the Congress had taken no step beyond the passage of a resolution, expressive rather of a sentiment than presenting a substan- tial and reliable basis of action. The President acknowledged the force of this view, and admitted that the border States were entitled to expect a substantial pledge of pecuniary aid as the condition of taking into considei-ation a proposition so important in its relations to their social system. It was further represented, in the con- ference, that the people of the border States were interested in knowing the great importance which the President attached to the policy in question, while it was equally due to the country, to the President, and to themselves, that the rejiresentativcs of the border slave-holding States should publicly announce the mo- tives under which they were called to act, and the considerations of public policy urged upon them and their constituents by the President. With a view to sixch a statement of their position, the mem])ers thus addressed met in council to deliberate on the reply they should make to the President, and, as the result of a comparison of opinions among themselves, they determined upon the adoption of a majority and minority an- swer. REPLY OF THE MAJORITY. The following paper was yesterday sent to the President, signed by the majority of the Representatives from the border slave- holding States : — Washington, July 14, 1862. To the Presipent : The undersigned, Hepresentativos of K^'Utucky, Virginia, Missouri, and Mary- land, in the two Houses of Congress, have listf'iicd to your address with tlie profouiul sensibility naturally insj)ired by the high soiiree from which it emanates, the earn- estness which marked its delivery, and the overwhelming importance of the sub- ject of which it treats. We have given it a most respectful consideration, and now lay before you our response. We regret that want of time has not permitted as to make it more perfect. We have not been wanting, Mr. Presi- dent, in re*pect to you, and in devotion to the Constitution and the Union. We have not been indiflerent to the great dif- ficulties surrounding you, compared with which all former national troubles have been but as the summer cloud; and we have freely given you otir sympathy and support. Eepudiating the dangerous here- sies of the secessionists, we believed, with you, that the war on their part is aggressive and wicked, and the objects for which it was to be prosecuted on ours, defined by your message at the opening of the pres- ent Congress, to be such as all good men should approve. We have not hesitated to vote all suj)plies necessary to carry it on vigorously. We have voted all the men and money you have asked for, and even more ; Ave have imposed onerous taxes on our people, and they are paying them with cheerfulness and alacrity ; we have encouraged enlistments and sent to the field many of our best men ; and some of our number have offered their persons to the enemy as pledges of their sincerity and devotion "to the country. We have done all this under the most discouraging circumstances, and in the face of measures most distasteful to us and injurious to the interests we repre- sent, and in the hearing of doctrines avowed by those who claim to be your friends, must be abhorrent to us and our constituents. But, for all this, we have never faltered, nor shall we as long as we have a Constitution to defend and a Gov- ernment which protects us. And we are ready for renewed efforts, and even greater sacrifices, yea, any sacrifice, when we are satisfied it is required to j^reserve our admirable form of government and the priceless blessings of constitutional li- berty. A few of our number voted for the resolution recommended by your message of the Gth of March last, the greater por- tion of us did not, and we will briefly state the jirominent reasons which in- fluenced our action. In the first place, it proposed a radical change of our social system, and was hur- ried through both Houses with undue haste, without reasonable time for consid- eration and debate, and with no time at all for consultation with our constituents, wliose interests it dcej)ly involved. It seemed like an interference by this Gov- ernment with a question which peculiarly and exclusivclv belonged to our respective States, on which they had not sought ad- vice or solicited aid. Many of us doubted BOOK I.] COMPENSATED EMANCIPATION. 139 the constitutional power of this Govern- ment to make appropriations of money for the object designated, and all of us thought our finances were in no condition to bear the immense outlay which its adoption and faithful execution would impose upon the national Treasury. If we pause but a moment to think of the debt its accept- ance would liave entailed, we are appalled by its magnitude. Tlie proposition was addressed to all the States, and embraced the whole luimber of slaves. According to the census of 1860 there were then nearly four million slaves in the country ; from natural increase they exceed that number now. At even the low average of §300, the price fixed by the emancipa- tion act for the slaves of this District, and greatly below their real worth, their value runs up to the enormous sum of $1,200,- 000,000 ; and if to that we add the cost of deportation and colonization, at SlOO each, which is but a fraction more than is ac- tuallv paid l)y the Marvland Colonization Society, we have $400,000,000 more. We were not willing to imj)ose a tax on our peo])le sufficient to pay the interest on that sum, in addition to the vast and daily in- creasing debt already fixed upon them by the exigencies of the war, and if we had been willing, the country could not bear it. Stated in this form the 2:)roposition is noth- ing less than the deportation from the country of $1,000,000,000 worth of produc- ing labor, and the substitution in its place of an interest-bearing debt of the same amount. But, if we are told that it was expected that only the States we represent would accept the proposition, we respectfully submit that even then it involves a sum too great for the financial ability of this Goverinnent at this time. According to the census of 1860 — Slaves. Kentucky had 225,490 Marvland 87,188 Virginia 490,887 Delaware 1,798 Missouri 114,965 Tennessee 275,784 Making in the whole 1,196,112 At the same rate of A'aluation these would amount to.... $358,933,500 Add for dejiortation and colo- nization $100 each 118,244,533 And we have the enormous sum of. $478,038,133 We did not feel that we should be justi- fied in voting for a measure which, if car- ried out, would add this vast amount to our public debt at a moment when the Treasury was reeling under the enormous expenditure of the war. Again, it seemed to ils that this resolu- tion was but the annunciation of a senti- ment which could n(jt or was not likely to be reduced to an actual tangible jiroposi- tion. No movement was then made to j)rovide and appropriate the funds required to carry it into effect ; and we were not en- couraged to believe that funds would be provided. And our belief has been fully justified by subsequent events. Not to mention other circumstances, it is quite sufiicient for our purpose to bring to your notice the fact that, while this resolution was under consideration in the Senate, our colleague, the Senator from Kentucky, moved an amendment apjjropriating §500,- 000 to the object therein designated, and it was voted down with great unanimity. AVhat confidence, then, could we reasonably feel that if we committed ourselves to the policy it proposed, our constituents would reap the fruits of the promise held out ; and on what ground could we, as fair men, approach them and challenge their sup- port? The right to hold slaves is a right apper- taining to all the States of this Union. They have the right to cherish or abolish the institution, as their tastes or their in- terests nuiy prompt, and no one is autho- rized to question the right or limit the en- joyment. And no one has more clearly affirmed that right than you have. Your inaugural address does you great honor in this respect, and inspired the country with confidence in your fairness and respect for the law. Our States are in the enjoyment of that right. We do not feel called on to defend the institution or to affirm it is one which ought to be cherished ; ])erhaps, if we were to make the attempt, we might find that we diffi?r even among ourselves. It is enough for our purpose to know that it is a right; and, so knowing, we did not see why we should now be expected to yield it. We had contributed our full share to relieve the country at this terrible crisis; we had done as much as had been required of others in like circumstances; and we did not see why .sacrifices should be expected of us fi-om which others, no more loyal, were exemjit. Nor could we see what good the nation would derive from it. Such a sacrifice submitted to by us would not have strengthened the arm of this Government or weakened that of the enemy. It was not necessary as a pledge of our loyalty,, for that had been mani- fested beyond' a reasonable doubt, in every form, and at every place possible. There was not the remotest probability that the States we represent Avould join in the re- bellion, nor is there now, or of their elect- ing to go with the southern section in the event of a recognition of the independence of any jjart of the disatfected region. Our 140 AMERICAN POLITICS. [book I. States are fixed unalterably in their reso- lution to adhere to and support the Union. They see no safety for themselves, and ho hope for constitutional liberty but by its preservation. They will, under no cir- cumstances, consent to its dissolution ; and we do them no more than justice when we assure you that, while the war is conducted to prevent that deplorable catastrophe, they will sustain it as long as they can muster a man or command a dollar. Nor will they ever consent, in any event, to unite with the Southern Confederacy. The bitter fruits of the peculiar doctrines of that region will forever prevent them from placing their security' and happiness in the custody of an association which has incor- porated in its organic law the seeds of its own destruction. Mr. President, we have stated with frank- ness and candor the reasons on which we forbore to vote for the resolution you have mentioned ; but you have again presented this proposition, and appealed to us with an earnestness and eloquence which have not failed to impress us, to " consider it, and at the least to commend it to the con- sideration of our States and people." Thus appealed to by the Chief Magistrate of our beloved country, in the hour of its greatest peril, we cannot wholly decline. We are willing to trust every question relating to their interest and happiness to the con- sideration and ultimate judgment of our own people. While differing from you as to the necessity of emancipating the slaves of our States as a means of putting down the rebellion, and while protesting against the propriety of any extra-territorial inter- ference to induce the people of our States to adopt any particular line of policy on a subject which peculiarly and exclusively belongs to them, yet, when you and our brethren of the loyal States sincerely be- lieve that the retention of slavery by us is an obstacle to peace and national harmony, and are willing to contribute pecuniary aid to compensate our States and people for the inconveniences produced by such a change of system, we are not unwilling that our people shall consider the propriety of ])utting it aside. • But we have already said that we re- garded this resolution as the utterance of a sentiment, and we had no confidence that it would assume the sliape of a tangi- ble, practical proposition, which would yield the fruits of the sacrifice it required. Our people are influenced by the same want of ci>nfi(lcnce, and will not consider tlie proposition in its present impalpable form. The interest they are asked to give up is to them of much importance, and they ought not to be expected even to en- tertain the proposal until they are assured that when they accept it their just expect- ations will not be frustrated. We regard your plan as a proposition from the Nation to the States to exercise an admitted con- stitutional right in a particular manner and yield up a valuable interest. Before they ought to consider the proposition, it should be presented in such a tangible, practical, efficient shape as to command their confidence that its fruits are contin- gent only upon their acceptance. We can- not trust anything to the contingencies of future legislation. If Congress, by proper and necessary legislation, shall provide sufficient funds and place them at your disposal, to be ap- plied by you to the payment of any of our States or the citizens thereof who shall adopt the abolishment of slavery, either gradual or immediate, as they may deter- mine, and the expense of deportation and colonization of the liberated slaves, then will our State and people take this propo- sition into careful consideration, for such decision as in their judgment is demanded by their interest, their honor, and their duty to the whole countrj'. We have the honor to be, with great respect, C. A. WiCKLIFFE, C/t'n, Garrett Davis, R. Wilson, J. J. Crittenden, John S. Carlile, J. W. Crisfield, J. S. Jackson, H. Grider, John S. Phelps, Francis Thomas, Chas. B. Calvert, C. L. Leary, Edwin H. Webstee, R. Mallory, Aaron Harding, James S. Rollins, J. W. Menzies, Thomas L. Price, G. W. DUNLAP, Wm. a. Hall. Others of the minority, among them Sen- ator Henderson and Horace Maynard, for- warded separate replies, but all rejecting the idea of compensated emanci])ation. Still Lincoln adltered to and advocated it in his recent annual message sent to Con- gress, Dec. 1, 18G2, from which we take the following ])aragra]dis, which are in themselves at once curious and interesting : " We have two million nine hundred and sixty-three thousand scpiare miles. Eun)j)e has three million and eight liundred thou- sand, with a po])idation averaging seventy- three and one-third persons to the square mile. AVliy may not our country, at some time, average as many? Is it less fertile? Has it more waste surface, by mountains, rivers, lakes, deserts, or other causes? Is it inferior to Europe in any natural ad- BOOK I.] EMANCIPATION. 141 vantage? If, then, we are at some time to be as pojiulous as Europe, how soon ? As to when this may be, we can judge by the past and the present ; as to when it will be, if ever, depends much on wliether we maintain the Union. Several of our States are already above the average of Europe — seventy-three and a tliird to the squiire mile. Massachusetts has 157 ; Rhode Island, 133 ; Connecticut, 99 ; New York and New Jersey, each, 80. Also two other great .states, Pennsylvania and Ohio, are not far below, the former having 63 and the latter 59. The states alreacly above the European average, except New York, have increased in as rapid a ratio, since passing that point, as ever before ; while no one of them is equal to some other parts of our country in natural cai)acity for sus- taining a dense population. "Taking the nation in the aggregate, and we find its population and ratio of in- crease, for the several decennial periods, to be as follows : 1790 3,929,827 Eatio of increase. 1800 5,305,937 35.02 per cent. 1810 7,239,814 3(5.45 " 1820 9,038,131 33.13 1830 12,8r)(i,020 33.49 " 1840 17,009,433 32.07 " 1850 23,191,876 35.87 " 1860 31,443,790 35.58 This shows an annual decennial increase of 34.09 per cent, in population through the seventj^ years from our first to our last census yet taken. It is seen that the ratio of increase, at no one of these seven periods is either two per cent, below or two per cent, above the average ; thus showing how inflexible, and, consequently, how reliable, the law of increase in our case is. Assum- ing that it will continue, gives the follow- ing results : 1870 42,323,341 1880 56,967,216 1890 76,077,872 1900 103,208,415 1910 138,918,526 1920 186,984,335 1930 251,680,914 " These figures show that our country mmj be as populous as Europe now is at some point between 1920 and 1930 — say about 1925 — our territory, at seventy-three and a third persons to the square mile, be- in^ of capacity to contain 217,18r),000. And we will reach this, too, if we do not ourselves relinquish the chance by the folly and evils of disunion, or by long and exhausting war sprinjring from the only great element of national discord among us. While it cannot be foreseen exactly how much one huge example of secession, breeding lesser ones indefinitely, would re- tard population, civilization, and prosperity no one can doubt that the extent of it would be verj-^ great and injurious. The proposed emancipation would short- en the war, perpetuate peace, insure this increase of j)opulation, and proportionately the wealth of the country. With these, we should pay all the emancipation would cost, together with our other debt, easier than we should pay our other debt without it. If we had allowed our old national debt to run at six per cent, per annum, simple in- terest, from the end of our revolutionary struggle until to-day, without paying any- thing on either principal or interest, each man of us would owe less upon that debt now than each man owed ui)on it then ; and this because our increase of men through the whole period has been greater than six per cent. ; has run faster than the interest upon the debt. Thus, time alone relieves a debtor nation, so long as its popu- lation increases faster than unpaid interest accumulates on its debt. "This fact would be no excuse for de- laying payment of what is justly due ; but it shows the great importance of time in this connection — the great advantage of a policy by which we shall not have to pay until we number a hundred millions, what, by a different policy, we would have to pay now, when we number but thirty-one mil- lions. In a word, it shows that a dollar will be much harder to pay for the war than will be a dollar for emancipation on the proposed plan. And then the latter will cost no blood, no precious life. It will be a saving of both." Various propositions and measures re- lating to compensated emancipation, were afterwards considered in both Houses, but it was in March, 1863, dropped after a refusal of the House to suspend the rules for the consideration of the subject. Emancipation as a AVar Necessltj'. Before the idea of compensated emanci- pation had been dropped, and it was con- stantly discouraged by the Democrats and Border Statesmen, President Lincoln had determined u])on a more radical policy, and on the 22d of September, 1802, issued his celebrated proclamation declaring that he would emancipate " all persons held as slaves within any State or designated part of a State, the people whereof shall be in rebellion against the ITnited States" — by the first of January, 1863, if such sections were not " in good faith represented in Congress." He followed this by actual emancipation at the time stated. Proclamation of Sept. 2-3, lfi63. I, Abraham Lincoln-, President of the United States of America, ar.d Commander- in-Chief of the army and navy thereof, do 142 AMERICAN POLITICS. [book I. hereby proclaim and declare tliat hereafter, as heretofore, the war will be prosecuted for the object of practically restoring the constitutional relation between the United States and each of the States and the peo- ple thereof, in which States that relation is or may be suspended or disturbed. That it is my purpose, upon the next meeting of Congress, to again recommend the adoption of a practical measure tender- ing pecuniary aid to the free acceptance or rejection of all slave States, so called, the people thereof may not then be in rebellion against the United States, and which States nTay then have voluntarily adopted, or thereafter may voluntarily adopt, imme- diate or gradual abolishment of slavery within their respected limits ; and that the effort to colonize persons of African descent with their consent upon this continent or elsewhere, with the previously obtained consent of the Governments existing there, will be continued. That on the first day of January, in the year of our Lord one thousand eight hun- dred and sixty-three, all persons held as slaves within any State or designated part of a State, the people whereof shall then he in rebellion against the United States, shall be then, thenceforward, and forever free ; and the Executive Government of the United States, including the military and naval authority thereof, will recognize and maintain the freedom of such persons, and will do no act or acts to repress such per- sons, or any of them, in any efforts they may make for their actual freedom. That the Executive will, on the first day of January aforesaid, by proclamation, de- signate the States and parts of States, if any, in which the people thereof respective- ly, shall then be in rebellion against the United States ; and the fact that any State, or the people thereof, shall on that day be, in good faith, represented in the Congress of the United States by members chosen thereto at elections wherein a majority of the qualified voters of such State shall have particii)ated, sliall, in the absence of strong countervailing testimony, be deemed con- clusive evidence that such State, and the peo])le thereof, are not in rebellion against tlie United States. Tbat attention is hereby called to an act of Congress entitled "An act to make an additional article of war," approved March 13, 1HG2, and which act is in the words and figures following : '* Be it ennrffd hy the Senate and House of Reprearntdtives of the United Stcrtca of Ariierira in Cnnr/resa assembled, That hereafter the following shall be promulga- ted as an additional article of war, for the government of the army of the United States, and shall be obeyed and observed as such. " Article " — . All officers or persons in the military or naval service of the United States are prohibited from employing any of the forces under their respective com- mands for the purpose of returning fugi- tives from service or labor who may have escaped from any persons to whom such service or labor is claimed to be due, and any officer who shall be found guilty by a court-martial of violating this article shall be dismissed from the service. "Sec. 2. And be it further enacted, That this act " shall take effect from and after its passage." Also to the ninth and tenth sections of an act entitled " An act to suppress insur- rection, to punish treason and rebellion, to seize and confiscate property of rebels, and for other purposes," approved July 17, 1862, and which sections are in the words and figures following : " Sec. 9. And be it further enacted, That all slaves of persons who shall hereafter be engaged in rebellion against the Govern- ment of the L'nited States or who shall in any way give aid or comfort thereto, escap- ing from such persons and taking refuge within the lines of the army; and all slaves captured from such persons or deserted by them, and coming under the control of the Government of the United States ; and all slaves of such persons found on [or] being within any place occupied by rebel forces and afterwards occupied by the forces of the United States, shall be deem- ed captives of war, and shall be forever free of their servitude, and not again held as slaves. "Sec. 10. Andbeit further enacted, That no slave escaping into any State, Territory, or the District of Columbia, from any other State, shall be delivered up, or in any way impeded or hindered of his liberty, except for crime, or some offence against the laws, unless the person claiming said fugitive shall first make oath that the person to whom the labor or service of such fugitive is alleged to be due is his lawful owner, and has not borne arms against the United States in the present rebellion, nor in any Avay given aid and comfort thereto ; and no jierson engaged in the military or naval service of the United States shall, under any pretence whatever, assume to decide on the validity of the claim of any person to the service or labor of any other per- son, or surrender up any such person to the claimant, on pain of being dismissed from the service." And I do hereby enjoin upon and order all persons engaged in the military and na- val service of the United States to observe, obey, and enforce, within their respective spheres of service, the act and sections above recited. And the Executive will in due time recommend that all citizens of the United States who shall have remained BOOK I.] EMANCIPATION. 143 loyal thereto throughout the rebellion shall (upon the restoration of the constitutional rehition between the United States ami their respective States and people, if that relation shall have been suspended or dis- turbed) be compensated for all losses by acts of the United States, including the loss of slaves. In witness whereof, I have hereunto set my hand, antl caused the seal of the United States to be afhxed. Done at the city of Washington this twenty-second day of September, in the year of our Lord one thousand eight hun- dred and sixty-two, and of the Indepen- dence of the United States the eighty- seventh. ABRAHAM LINCOLN. By the President : William H. Seward, Secretai-y of State. Proclamation of January 1, 18G3. Whereas, on the twenty -second day of September, in the year of our Lord one thousand eight hundred and sixty-two, a proclamation was issued by the Presi- dent of the United States, containing among other things, the following, to wit : " That on the first day of January, in the year of our Lord one thousand eight hundred and sixty-three, all persons held as slaves within any State or designated part of a State, the people whereof shall then be in rebellion against the United States, shall be then, thenceforward, and forever, tree; and the Executive Govern- ment of the United States, including the military and naval authority thereof, will recognize and maintain the freedom of such persons, and will do no act or acts to repress such j)ersons, or any of them, in any efforts they may make for their actual free- dom. "That the Executive will, on the first day of January aforesaid, by proclamation, designate the States and parts of States, if any, in which the people thereof, respec- tively, shall then be in rebellion against the United States ; and the fact that any State, or the people thereof, shall on tliat day be in good faith represented in the Congress of the United States, by mem- bers chosen thereto at elections wherein a majority of the qualified voters of such States shall have jiarticipated, shall, in the absence of strong countervailing testi- mony, be deemed conclusive evidence that such State, and the people thereof, arc^ then in rebellion against the United States." Now, therefore, I, Abraham Lincoln, President of the United States, by virtue of the power in me vested as Commander- in-Chief of the Army an4,524 — From McPhertonU Uitlory of the Great liebellUm. And shall have paid all school taxes and all taxes on personal property properly as- sessed against him, shall be entitled to vote for mayor, collector, register, members of the board of aldermen and board of common council, tind assessor, and for every officer authorized to be elected at any election under any act or acts to which this is amendatory or sujiplemcntary. and inserting the words — And shall within the year next preced- ing the election have paid a tax, or been assessed with a part of the revenue of the District, county, or cities, therein, or been exempt from taxation having taxable estate, and who can read and write with facility, shall enjoy the privileges of an elector. May 26 — Mr. Sumner moved to amend the bill by adding this proviso: Provided, That there shall be no exclu- sion of any person from the registry on ac- count of color. May 27 — Mr. Harlan moved to amend the amendment by making the word " per- son" read "persons," and adding the words — Who have borne arms in the military service of the United States, and have been honorably discharged therefrom. Which was agreed to yeas 26, nays 12, as follows : Yeas — Messrs. Anthony, Chandler, Clark, Collamer, Conness, Dixon, Fessen- den. Foot, Foster, Grimes, Hale, Harlan, Harris, Johnson, Lane of Indiana, Lane of Kansas, Morgan, Morrill, Pomeroy, Eamsey, Sherman, Ten Eyck, Trumbull, Wade, Willey, Wilson— 26. Nays — Messrs. JSuckaleir, Carlile, Cow- an, Davis, Hendricks, McDoitgall, Powell Eichardson, Sunlshury, Sumner, Van Winkle, Wilkinson— 12. May 28 — Mr. Sumner moved to add these words to the last proviso : And provided further, That all persons, without distinction of color, who shall, Avithin the year next preceding the election, have paid a tax on any estate, or been as- sessed with a part of the revenue of said District, or been exempt fmm taxation having taxable estate, and who can read and Avrite with facility, sliall enjoy the privilege of an elector. But no jierson now entitled to vote in the said District, continuing to reside therein, shall be dis- franchised hereby. Which was rejected — yeas 8, nays 27, as follows : Yeas — Messrs. Anthony, Clark, Lane of Kansas, ]\Torgan, Pomeroy, llamsey, Sum- ner, Wilkinson — 8. Nays — Messrs. Buclcnlew, Carlile, Colla- mer, Cowan, Davis, Dixon, Fessenden, Foot, Foster, Grimes, Hale, Harlan, Har- ris, Ifendrirks, Hicks, .Jolinson, Lane of Indiana, McDougall, Morrill, Powell, Sauls- BOOK I.] COLOR IN WAR POLITICS. 161 burrj, Sherman, Ten Eyck, Trumbull, Van Winkle, Willey, Wilson— 27. The other proposition of Mr. Sumner, amended on motion of ]\Ir. Harlan, wan then rejected — yeas 18, nays 20, as follows: Yeas — Messrs. Anthony, Chandler, Clark, Dixon, Foot, Foster, Hale, Harlan, Howard, Howe, Lane of Kansas, Morgan, Pomeroy, Ramsey, Sherman, Sumner, Wilkinson, Wilson— 18. Nays — Messrs. Buckalew, Carlile, Co- wan, Davis, Grimes, Harris, Hendricks, Hicks, Johnson, Lane of Indiana, McDou- gall, Morrill, Nesmith, Powell, Jiirhardson, Saulshuri/, Ten Eyck, Trumbull, Van Winkle, Willey— 20. The bill then passed the Senate, and afterward the House, without amendment. Thlril Session, Thirty-Seventh Con{;res8. Excluding Colored Persona from Cars. In Senate — 18G3, February 27 — Pending a suj)plement to the charter of the Wash- ington and Alexandria Railroad Company, Mr. Sumner otFered this proviso to the first section: That no person shall be excluded from the cars on account of color. Which was agreed to — yeas 19, nays 18, as follows: Yeas — Messrs. Arnold, Chandler, Clark, Fessenden, Foot, Grimes, Harris, Howard, King, Lane of Kansas, Morrill, Pomerov, Sumner, Ten Eyek, Trumbull, Wade, Wil- kinson, Wilmot, Wilson, of Massachusetts —19. Nays — Messrs. Anthony, Bayard, Car- lile, Cowan, Davis, Henderson, Hicks, Howe, Kennedy, Lane of Indiana, Latham, McDougall, Powell, Richardson, Saidshury, Turpie, Willey. Wilson of Missouri — 18. March 2. — The House concurred in the amendment without debate, under the pre- vious question. First Session, Thlrty-Klghth Congress. In Senate— 1864, February 10 — Mr. Sumner offered the following : Resolved, That the Committee on the District of Columbia be directed to con- sider the expediency of further providing by law against the exclusion of colored persons from the equal enjoyment of all railroad privileges in the District of Colum- bia. Which was agreed to — yeas 30, nays 10. February 24 — Mr. Willey, from the Committee on the District of Columbia, made this report, and the committee were discharged: The Committee on the District of Co- lumbia, who were required by resolution of the Senate, passed February 8, 18(34, " to consider the expediency of further providing by law against the exclusion of colored persons from the equal enjoyment of all railroad privileges in the District of 11 Columbia," have had the matter thus re- ferred to them under consideration, and beg leave to report : The act entitled "An act to incorporate the Washington and Georgetown Railroad Company," approved May 17, 18G2, makes no distinction as to passengers over said road on account of the color of the pas- sengers, and that in the opinion of the committee colored persons are entitled to all the privileges of said road which other persons have, and to all remedies for any denial or breach of such privilegea whicdi belongs to any person. The committee therefore ask to be dis- charged from the further consideration of the {premises. March 17 — The Senate considered the bill to incorporate the Metropolitan Rail- road Company, in the District of Columbia, the pending question being an amendment, offered by Mr. Sumner, to add to the four- teenth section the words : Provided, That there shall be no regula- tion excluding any person from any car on account of color. Which was agreed to — yeas 19, nays 17, as follows : Yeas — Messrs. Anthony, Brown, Clark, Conness, Fessenden, Foot, Foster, Grimes, Harlan, Howe, Lane of Kansas, Morgan, Morrill, Pomeroy, Ramsey, Sumner, Wade, Wilkinson, Wilson— 19. Nays — Messrs. Buckalew, Carlile, Davis, Doolittle, Harding, Harris, Hendricks, Johnson, Lane of Indiana, Poioell, Riddle, Saulshury, Sherman, Ten Eyck, Trumbull, Van Winkle, Willey— 17. The bill then passed the Senate. June 19 — The House refused to strike out the proviso last adopted in the Senate — yeas 60, nays 76. And the bill passed the House and was approved by the President. Second Session, Thlrtjr-Seventh Congress. Colored Persons as Witnesses, In Senate — Pending the confiscation bill,. June 28, 1862. Mr. Sumner moved these words as an addition to the 14th section : And in all the proceedings under this act there shall be no exclusion of any wit- ness on account of color. Which was rejected — yeas 14, nays 25, as follows : Yeas — Messrs. Chandler, Grimes, Har- lan, Howard, King, Lane of Kansas, ^lor- rill, Pomeroy, Sumner, Trumbull, Wade, Wilkinson, Wilmot — 14. Nays — Messrs. Anthony, Browning, Carlile, Clark, Collamer, Cowan, Davis, Dixon, Doolittle, Fessenden, Foot, Foster, Harris, Henderson, Lane of Indiana. Xes- mith, Pearce, Powell, Sherman, Sinmions, Stark, Ten Eyck, Willey, WUson of Mis- souri, Wright — 25. 162 AMERICAN POLITICS. [book I, Pending the consideration of the supple- ment to the emancipation bill for the Dis- trict of Columbia, 1862, July 7 — Mr. Sumner moved a new section : That in all the judicial proceedings in the District of Columbia there shall be no exclusion of any witness on account of color. Which was adopted — yeas 25, nays 11. The bill then passed — yeas 29, nays 6 ; (Messrs. Carlile, Davis, Kennedy, Powell, Wilson, of Missouri, Wright.) July 9 — The bill passed the House — yeas 69, nays 36. There was no separate vote on the above proposition. Pending the consideration in the Senate of the House bill in relation to the com- petency of witnesses in trials of equity and admiralty, 1862, July 15 — Mr. Sumner offered this proviso to the first section : Provided, That there shall be no exclu- sion of any witness on account of color. Which was rejected — yeas 14, nays 23. First Session, Tlilrty-Elglitli Congress. 1864, June 25 — Pending the civil appro- priation bill, in Committee of the Whole, Mr. Sumner offered this proviso : Provided, That in the courts of the United States there shall be no exclusion of any witness on account of color. Mr. Buckalew moved to add : Nor in civil actions because he is a party to or interested in the issue tried. Which was agreed to ; and the amend- ment as amended was agreed to — yeas 22, nays 16. The Senate subsequently concurred in this amendment — yeas 29, nays 10. IN HOUSE. June 29 — The question being on agree- ing to the amendment, Mr. Mallory moved to add this proviso to the section amended in the Senate : Provided, That negro testimony shall only be taken in the United States courts in those States the laws of which authorize such testimony. Which was rejected — yeas 47, nays 66. The amendment of the Senate was then agreed to — yeas 67, nays 48. COLORED SCHOOLS. June 8. — The House passed a bill to pro- vide for the public instruction of vouth in Washington city, with an amendment pro- viding for separate scliools for the colored children, l)y setting apart such a propor- tion of the entire scliool fund as the num- ber of colored children between the ages of six and seventeen bear to the whole num- ber of cliildrcn in the District. The bill, with amendments, passed both Houses without a division. On all of these questions of color, the Democrats invariably, on test votes, were found against any concession of rights to the negro. These were frequently aided by some Republicans, more conservative than their colleagues, or representing closer districts where political prejudices would affect their return to their seats. It will be observed that on nearly all these ques- tions Senator Charles Sumner took the lead. He was at that time pre-eminently the Moses of the colored man, and led him from one right to another through Sena- torial difficulties, which by the way, were never as strong as that in the House, where Thaddeus Stevens was the boldest cham- pion of " the rights of the black man." In the field, rather in the direction of what should be done with the " contrabands " and escaped slaves, the Secretary of War, General Cameron, was their most radical friend, and his instructions were so out- spoken that Lincoln had to modify them. As early as December 1, 1861, General Cameron wrote : " While it is plain that the slave prop- erty of the South is justly subjected to all the consequences of this rebellious war, and that the Government would be untrue to its trust in not employing all the rights and powers of war to bring it to a speedy close, the details of the plan for doing so, like all other military measures, must, in a great degree, be left to be determined by particular exigencies. The disposition of other property belonging to the rebels that becomes subject to our arms is governed by the circumstances of the case. The Gov- ernment has no power to hold slaves, none to restrain a slave of his liberty, or to ex- act his service. It has a right, however, to use the voluntary service of slaves lib- erated by war from their rebel masters, like any other property of the rebels, in what- ever mode may be most efficient for the de- fence of the Government, the prosecution of the war, and the suppression of rebel- lion. It is clearly a right of the govern- ment to arm slaves when it may become necessary as it is to take gunjioAvder from the enemy. Whether it is expedient to do so is purely a military question. The right is unquestionable by the laws of war. The expediency must be determined by circum- stances, keeping in view the great object of overcoming the rebels, re-establishing the laws, and restoring peace to the na- tion. " It is vain and idle for the Government to carry on this war, or hope to maintain its existence against rebellious force, with- out enjoying all the rights and powers of war. As has been said, the right to de- ]irivc tlie rebels of their property in slaves and slave labor is as clear and absolute as tlie right to take forage from the field, or cotton from the warehouse, or powder and BOOK I.] COLOR IN WAR POLITICS. 163 arms from the magazine. To leave the enemy in the pcssession of such property an forage and cotton and military stores, and the means of constantly rej)rodiicing them, would be madness. It is, therefore, equal madness to leave them in peaceful and secure possession of slave pro[)erty, more valuable and efficient to them lor war than forage, cotton and military stores. Such policy would be national suicide. What to do with that species of property is a question that time and circumstances will solve, and neeil not l)e anticipated further than to repeat that they cannot be held by the Government as slaves. It wouUl be useless to keep them as prisoners f>f war ; and self-preservation, the highest duty of a Government, or of individuals, demands that they should be disposes to a direct issue by raising a regiment of them. On the 9th of June following, Mr. Wicklifle of Ken- tucky, succeeded in getting the House to adopt a resolution of inquiry. Corres- })ondence followed with General Hunter. He confessed the fact, stated that " he found his authority in the instructions of Secre- taiy Cameron, and said that he hojied by fall to enroll about fifty thousand of these hardy and devoted soldiers." When this reply was read in the House it was greeted with shouts of laughter from the Republi- cans, and signs of anger from the others. A great debate followed on the amendment to the bill providing for the calling out of tlie militia, clothing the President with full power to enlist colored troops, and to pro- claim "he, his mother, and wife and chil- dren forever free," after such enlistment. Preston King, of New York, was the author of this amendment. Davis, of Kentucky, and Carlisle of West Virginia, were promi- nent Senators in opposition ; while Ten Eyck, of New Jersey, Sherman of Ohio, and J5rowning of Illinois sought to modify it. Gairett l)avis said in op])osition : "Do you expect us to give our sanc- tion and approval to these things ? No, no I We would regard their authors as our worst enemies ; and there is uo foreign despot- BOOK I.] COLOR IN WAR POLITICS. 165 ism that could come to our rescue, that we would not loudly embrace, before we would submit to any such condition of things." Senator Fessenden of Maine, iu advo- cacy of the ameiidinent, said : " I tell the President from my place here as a Senator, and I tell the geiierals of our army, they must reverse their_ practices and course of proceeding on this subject. * * * Treat your enemies as enemies, as the worst of enemies, and av:iil yourselves like men of every power which God has placed in your hands, to accomjjlish your purpose, within the rules of civilized war- faro." The bill passed, so modified, as to give freedom to all who should perform military service, but restricting liberty to the fami- lies of such only as belonged to rebel mas- ters. It passed the House July l()th, 1862, and received the sanction of the President, who said : — "And the promise made must be kept!" General Hunter for his part in begiuiiing colored enlistments, was out- lawed by the Confederate Congress. Hunter followed with an order freeing the slaves in South Carolina. In January, 18i)3, pursuant to a sugges- tion in the annual report of Secretary Stanton, who was by this time as radical as his predecessor in office, the House passed a bill authorizing the President to enroll into the land and naval service such number of volunteers of African descent as he might deem useful to suppress the rebellion, and for such term as he might prescribe, not exceeding five years. The slaves of loyal citizens in the Border States were excluded from the provisions of this bill. In the Senate an adverse re- port was made on the ground that the President already possessed these powers. In January, 18G3, Senator Wilson, who was by this time chairman of the Military Committee of the Senate, secured the pas- sage of a bill which authorized a draft for the National forces from the ranks of all male citizens, and those of foreign birth who had declared their intentions, etc. The bill contained the usual exemp- tions. CONFEDERATE USE OF COLORED MEN. In June, 1861, the rebel Legislature of Tennessee passed this enlistment bill, which became a law : Sec. 1. Be it enacted bj/ the General Assembly of the State of Tennessee, That from and after the passage of this act the Governor shall be, and he is hereby, authorized, at his discretion, to receive into the military service of the State all male free persons of color between the ages of fifteen and fifty, or such numbers as may be necessary, who may be sound in mind and body, and capable of actual ser- vice. 2. That such free persons of color shall receive, each, eight dollars per month, aa j)ay, and such persons shall be entitled to draw, each, one ration per day, and shall be entitled to a yearly allowance each for clothing. 3. That, in order to carry out the provi- sions of this act, it shall be the duty of the slierifls of the .several counties in thia State to collect accurate information as to the number and condition, with the names of free persons of color, subject to the pro- visicnas of this act, and shall, as it is prac- ticable, report the same in writing to the Governor. 4. That a failure or refusal of the sheriffs, or any one or more of them, to perform the duties required, shall be deemed an otfence, and on convietioa thereof shall be punished as a misde- meanor. 5. That in the event a sufficient number of free persons of color to meet the wants of the State shall not tender their services, the Governor is empowered, through the sheriffs of the different cotinties, to press such persons until the requisite number is obtained. 6. That when any mess of volunteers shall keep a servant to wait on the mem- bers of the mess, each servant shall be al- lowed one ration. This act to take effect from and after its passage. W. C. Whitthorne, Speaker of the House of Representatives. B. L. Stovall, Speaker of the Senate. Passed June 28, 1861. 186 2, November 2 — Governor Joseph E. Brown, of Georgia, issued a call announc- ing that if a sufficient supply of negroes he not tendered within ten days, General Mercer will, in ptirsuance of atithority given him, proceed to impress, and asking of every planter of Georgia a tender of one fifth of his negroes to complete the fortifi- cations around Savannah. This one fifth is estimated at 15,000. 1863. The Governor of South Carolina in July, issued a proclamation for 3,000 negroes to work on the fortifications, " the need for them being pressing." THE CHANGING SENTIMENT OF CONGRESS. In the Rebel House of Representatives, December 29th, Mr. Dargan, of Alabama, introduced a bill to receive into the mili- tary service all that portion of population in "Alabama, Mississippi. Louisiana, and Florida, known as " Creoles." Mr. Dargan supported the bill in some remarks. He said the Creoles were a mixed-blooded race. Under the treaty of Paris in 1803, and the treaty of Spain iu 1810, they were recognized as freemen. 166 AMERICAN POLITICS. [book I. 3Iany of them owned large estates, and ; were intelligent men. They were as much ' devoted to our cause as any class of men in the South, and were even anxious to go into service. They had applied to him to be received into service, and he had ap- \ plied to Mr. Randolph, then Secretary of War. ilr. Randolph decided against the I application, on the ground that it might ! furnish to the enemy a pretext of arming our I slaves against us. Some time after this ; he was again applied to by them, and he went to the present Secretary of War, Mr. Seddon, and laid the matter before him. Mr. Seddon refused to entertain the proposition, on the ground that it did not come up before him through the military authorities. To obviate this objection, Gen. Maury, at Mobile, soon afterwards represented their wishes to the War De- partment. Mr. Seddon refused the offer of their services, on the ground that it would be incompatible with the position we occu- pied before the world ; that it could not be done. Mr. Dargan said he differed with the Secretarj' of War. He cared not for " the world." He cared no more for their opinions than they did for ours. He was anxious to bring into service every free man, be he who he may, willing to strike for our cause. He saw no objection to employing Creoles ; they would form a potent element in our army. In his dis- trict alone a brigade of them could be raised. The crisis had been brought upon us by the enemy, and he believed the time would yet come when the question would not be the Union or no Union, but whether Southern men should be permitted to live at all. In resisting subjugation by such a barbarous foe he was for employing all our available force. Se would go further and say that heicasjbr arming and putting the slaves into military service. He was in favor even of emlpoying them as a military arm in the defence of the country. 1864. The Mayor of Charleston, Charles Macbeth, summons all slaveholders within the city to furnish to the military authori- ties forthwith, one-fourth of all their niale slaves between the ages of fifteen and fifty, to labor upon the fortifications. The penalty announced, in case of faihire to comply with this requisition is a fine of 8200 for every slave not forthcoming. Compensa- tion is allowed at the rate of .*400 a year. All free male persons of color between the ages of fifteen and fifty are required to give themselves uj) for the same purpose. Those not complying will be imjirisoned, and set to work uijon the fortifications along the coast. To free negroes no other compensation than rations is allowed. NEOROES IX THE ARMY. Ine liicnmonu press publish the OinCial the lost two clausea of which are: copy of " An act to increase the efficiency of the army by the employment of free negroes c-nd slaves in certain capacities," lately passed by the Rebel Congress. The negroes are to perform " such duties as the Secretary of War or Commanding General may prescribe.'' The first section is as follows : The Congress of the Confederate States of America do enact, That all male free ne- groes, and other free persons of color, not including those who are free under the treaty of Paris, of 1803, or under the treaty of Spain, of 1819, resident in the Confed- erate States, between the ages of eighteen and fifty years, shall be held liable to per- form such duties with the army, or in con- nection with the military del'ences of the country, in the way of work upon the fortifications, or in government works for I the production or preparation of materials of war, or in military hospitals, as the Sec- retary of War or the Commanding General of the Trans-Mississippi Department may, from time to time, prescribe; and while engaged in the performances of such duties shall receive rations and clothing and compensation at the rate of eleven dollars a mouth, under such rules and regulations as the said Secretary may establish : Fro- vided, That the Secretary of War or the Commanding General of "the Trans-Missis- sippi Department, with the approval of the President, may exempt from the opera- tions of this act such free negroes as the interests of the countrj- may require should be exempted, or such as he may think proper to exempt on the ground of justice, equity or necessity. The third section provides that when the Secretary of War shall be unable to procure the services of slaves in any mili- tary department, then he is authorized to impress the services of as many male slaves, not to exceed twenty thousand, as may be required, from time to time, to dis- charge the duties indicated in the first sec- tion of the act. The owner of the slave is to be paid for his services ; or, if he be killed or escape to the enemy," the OAvner shall receive his full value. Governor Smith, of Virginia, has made a call for five thousand male slaves to work on the batteries, to be drawn from fifty counties. The call for this force has been made by the President under a resolution of Congress. "confederate" legislation upon ne- gro PRISONERS AND THEIR WHITE OFFICERS "WHEN CAPTURED.* 18G3, May 1 — An act was approved de- claring that the commissioned officers of •December 23, 1862 — .Tefforson Daris issued a procla- mntion of outlawry' agninst Major General B. F. Butler, BOOK I.] COLOR IN WAR POLITICS. 167 the enemy ought not to be delivered to the authorities of the respective States, (as suggested in Davis's message ;) but all caj)- tives taken by the Confederate forces ought to be dealt with and disposed of by the Confederate Government. President Lincoln's emancipation pro- clamations of September 22, 18G2, and January 1, 18()3, were resolved to be in- consistent with the usages of war among civilized nations, and should be re- pressed by retaliation ; and the President IS authorized to cause full and complete retaliation for every such violation, in such manner and to such extent as he may think proper. Every white commissioned officer com- manding negroes or mulattoes in arms against the Confederate States shall be deemed as inciting servile insurrection, and shall, if captured, be put to death, or be otherwise punished, at the discretion of the court. Every person charged with an offence made punishable under the act shall be tried by the military court of the army or corps of troops capturing him; and, after conviction, the President may commute the pimishment in such manner and on stich terms as he may deem proper. All negroes and mulattoes who shall be engaged in war or taken in arms against the Confederate States, or shall give aid or comfort to the enemies of the Confederate States, shall, when captured in the Con- federate States, be delivered to the author- ities of the State or States in which they shall be captured, to be dealt with accord- ing to the present or future laws of such State or States. Passage of the Tblrteentli. Amendment. The first amendment to the Constitution growing out of* the war, and one of its di- rect results, was that of abolishing slavery. It was first introduced to the House De- cember 14th, 1863, by James M. Ashley of Ohio. iiSimilar measures were introduced by James M. Wilson, Senators Henderson, Sumner and others. On the 10th of Feb- ruary, Senator Trumbull reported Hen- derson's joint resolution amended as fol- lows : " That the following article be proposed to the Legislatures of the several States, as an amendment to the Constitution of the United States, which, when ratified by three-fourths of said Legislatures, shall be Third. That all neq^ro slavea capturod in arras ho at onco delivered over to tho executive authorities of Hie respective States to which they belong, to be dealt witli according to the laws of said States. F.mrth. That tho like orders be executed in all cases witli respect to all commissioned officers of the United States when fmnd serving in company witli said slaves in insurrection ajrainst the authorities of the dilTereut States of thia Confederacy. valid to all intents and purposes as a part of the said Constitution, namely : "Art. 13, Sec. 1. Neither slavery nor involuntary servitude except as a punish- ment for crime, whereof the party shall have been duly convicted, shall exist with- in the United States, or any place subject to their jurisdiction. Sec. 2. Congress shall have power to enforce this article by appropriate legisla- tion.'' The Senate began the consideration of the question March 28th, Senator Trumbull opening the debate in favor of the amend- ment. He predicted that within a year the necessary number of States would rat- ify it. Wilson of Massachusetts made a long and able speech in favor. Davis of Kentucky and Saulsbury of Delaware led the opposition, but Reverdy Johnson, an independent Democratic Senator from Maryland, surprised all by his bold sup- port of the measure. Among other things he said : " I think history will bear me out in the statement, that if the men by whom that Constitution was framed, and the people by whom it was adopted, had anticipated the times in which we live, they would have provided by constitutional enactment, that that evil and that sin should in some comparatively uurcmote day be removed. Without recurring to authority, the writ- ings public or private of the men of that day, it is sufficient for my purpose to state what the facts will justify me in saying, that every man of them who largely par- ticipated in the deliberations of the Con- vention by which the Constitution was adopted, earnestly desired, not only upon grounds of political economy, not only up- on reasons material in their character, but upon grounds of morality and religion, that sooner or later the institution should terminate." Senator McDougall of California, op- posed the amendment. Harhm of Iowa, Hale of New Hampshire, and Sumner, made characteristic speeches in favor. Saulsbury advocated the divine right of slavery. It passed April 8th, by 38 ayes to () noes, the latter comprising Davis and Powell of Kentucky ; McDougall of Cali- fornia ; Hendricks of Indiana ; Saulsbury and Riddle of Delaware. Arnold of Illinois, was the first to se- cure the adoption in the House (Feb. 15, 1864,) of a resolution to abolish slave-ry ; but the Constitutional amendment required a two-thirds vote, and this it was difficult to obtain, though all the power of the Ad- ministration was bent to that purpose. The discussion began May 31st; the vote wtts reached June 15th, but it then failed of the required two-thirds — 93 for to tio against, 23 not voting. Its more pro- nounced advocates were Arnold, Ashley, 168 •AMERICAN POLITICS. [book I Broomall, Stevens, and Kelly of Pennsyl- vania; Farnsworth and Ingersoll of Illi- nois, and many others. Its ablest oppo- nents were Holman, Wood, Mallory, Cox and Pendleton — the latter rallying nearly all of the Democrats against it. Its Dem- ocratic friends were McAllister and Bailey of Pennsylvania ; Cobb of Wisconsin ; Griswold and Odell of New York. Before the vote was announced Ashley changed his vote so as to move a reconsideration and keep control of the question. At the next session it was passed, receiving every Re- publican and 16 Democratic votes, 8 Dem- ocrats purposely refraining, so that it would surely pass. Admission ot Representatives from Louisiana. The capture of Xew Orleans by Admiral Farragut, led to the enrollment of 60,000 citizens of Louisiana as citizens of the United States. The President thereupon appointed a Military Governor for the en- tire State, and this Governor ordered an election for members of Congress under the old State constitution. This was held Dec. 3, 1862, when Messrs. Flanders and Hahn were returned, neither receiving 3,000 votes. They received certificates, pre- sented them, and thus opened up a new and grave political question. The Demo- crats opposed their admission on grounds so well stated by Voorhees of Indiana, that we quote them : " Understand this principle. If the Southern Confederacy is a foreign power, an independent nationality to-day, and you have conquered back the territory of Lou- isiana, you may then substitute a new sys- tem of laws in the place of the laws of that State. You may then supplant her civil in- stitutions by institutions made anew for her by the proper authority of this Government — not by the executive — ^but by the legisla- tive branch of the Government, assisted by the Executive simply to the extent of sign- ing his name to the bills of legislation. If the Chairman of the Committee of Ways and Means, (Mr. Stevens) is correct; if the gentleman from Kansas (Mr. Conway) is correct, and this assumed power in the South is a power of the earth, and stands to-day upon equal terms of nationality with ourselves, and reconquer back State by State its territory by the power of arms, then we may govern them independently of their local laws. But if the theory we have been proceeding upon here, that this Union is unbroken ; that no States have sundered the bonds that bind us together; that no successful disunion has yet taken place, — if that theory is still to ]>revail in these halls, then this cannot be done. You are as much bound to U])liol(l the laws of Louisiana La all their extent and in all their parts, as you are to uphold the laws of Pennsylvania or New York, or any other State whose civil policy has not been disturbed." Michael Hahn, one of the Representa- tives elect, closed a very effective speech, which secured the personal good will of the House in favor of his admission, in these words: "And even, sir, within the limits of the dreary and desolated region of the rebel- lion itself, despair, which has already tak- en hold of the people, will gain additional power and strength, at the reception of the news that Louisiana sends a message of peace, good-will, and hearty fellowship to the Union. This intelligence will sound more joyful to patriot ears than all the oft repeated tidings of ' Union victories,' And of all victories, this will be the most glorious, useful and solid, for it speaks of re- organization, soon to become the great and difficult problem with which our statesmen will have to familiarize themselves, and when this shall have commenced, we will be able to realize that God, in his infinite mercy has looked down upon our misfor- tunes, and in a spirit of paternal love and pity, has addressed us in the language as- cribed to him by our own gifted Longfel- low: " I am weary of your quarrels. Weary of your wars and bloodshed, W'eary of your prayers for vengeance, Of your wranglings and dissensions ; All your strength is in your Union, All your danger is in dkeord. Therefore, be at peace, henceforward. And as brothers live together." Mr. Speaker, Louisiana — ever loyal, hon- orable Louisiana — seeks no greater bles- sing in the future, than to remain a part of this great and glorious Union. She has stood by you in the darkest hours of the rebellion ; and she intends to stand by you. Sir, raise your eyes to the gorgeous ceil- ings which ornament this Hall, and look upon her fiiir and lovely escutcheon. Care- fully read the patriotic words which sur- round her affectionate pelican familv, and you will find there inscribed, ' ^istice, Union, Conjidcnce.' Those words have with us no idle meaning; and would to God that other members of this Union, could pro])erly appreciate our motto, our motives and our position ! " The debate attracted much attention, because of the novelty of a question upon wliich, it has since been contended, would have turned a different plan of reconstruct- ing the rebellious States if the President's plans had not been destroyed by his assas- sination. DaAves, of Massachusetts, was the Chairman of the Committee on Elec- tions, and he closed the debate in favor of admission. The vote stood 92 for to 44 against, almost a strict party test, the Democrats voting no. BOOK I.] RECONSTRUCTION. 169 RECONSTRUCTION. In the House as early as Dec. 15, 1863, Henry Winter Davis moved that so much of the i'resident's message as relates to the duty of the United States to guaranty a Repul)lican form of government to the States in which the governments recog- nized by the United States have been ab- rogated or overthrown, be referred to a select committee of nine to report the bills necessary and proper for carrying into ex- ecution the foregoing guarantce,was passed, and on May 4th, l.Sd-l, the House ado]>ted the first reconstruction bill by 74 yeas to 66 nays — a strict party vote.* The Senate passed it by yeas 18, nays 14 — Doolittle, Henderson, Lane of Indiana, Ten Eyck, Trumbull, and Van Winkle voting with the Democrats against it. The bill authorizes the President to ap- Eoint in each of the States declared in re- ellion, a Provisional Governor,jwith the pay and emoluments of a brigadier ; to be charged with the civil administration until a State government therein shall be recog- nized. As soon as the military resistance to the United States shall have been sup- pressed, and the people sufficiently re- turned to their obedience to the Constitu- tion and laws, the Governor shall direct the marshal of the United States to enroll all the white male citizens of the United States, resident in the State in their re- spective counties, and whenever a majority of them take the oath of allegiance, the loyal people of the State shall be entitled to elect delegates to a convention to act upon the re-establishment of a State gov- ernment — the proclamation to contain de- tails jirescribed. Qualified voters in the army may vote in their camps. No person who has held or exercised any civil, mili- tary, State, or Confederate office, under the rebel occupation, and wlio has voluntarily borne arms against the United States, shall vote or be eligible as a delegate. The convention is required to insert in the con- stitution provisions — 1st. No person who has held or exercised any civil or military office, (except offices merely ministerial and military offices be- low a colonel,) State or Confederate, under the usurping power, shall vote for, or be a member of the legislature or governor. 2d. Involuntary servitude is forever pro- hibited, and the freedom of all persons is guarantied in said State. 3d. No debt. State or Confederate, cre- ated by or under the sanction of the usurp- ing power, shall be recognized or paid by the State. Upon the adoption of the constitution by the convention, and its ratification by the electors of the State, the Provisional Gov- • McPherson's History, page 317. ernor shall so certify to the President, who, after obtaining the assent of Congress, shall, by jjroclamation, recognize the g(n'- ernment as established, and none other, as the constitutional government of the State; and from the date of such recognition, and not before. Senators and Kejirescntatives and electors for President and Vice-Presi- dent may be elected in such State. Until re-organization the Provisional Governor sball enforce the laws of the Union and of the State before the rebellion. The remaining sections are as follows: Sec. 12. That all persons held to invol- untary servitude or labor in the States aforesaid are hereby emancipated and dis- charged therefrom, and they and their pos- terity shall be forever free. And if any such persons or their posterity shall be re- strained of liberty, under pretence of any claim to such service or labor, the courts of the United States shall, on habeas cor- pus, discharge them. Sec. 13. That if any person declared free by this act, or any law of the United States, or any proclamation of the President, be restrained of liberty, with intent to be held in or reduced to involuntary servitude or labor, the person convicted before a court of competent jurisdiction of such act shall be punished by fine of not less than $1,500, and be imprisoned not less than five, nor more than twenty years. Sec. 14. That every person who shall hereafter hold or exercise any office, civil or military, except offices merely minis- terial and military offices below the grade of colonel, in the rebel service, State or Confederate, is hereby declared not to be a citizen of the United States. Lincoln's Proclamation on Reconstruction President Lincoln failed to sign the above bill because it reached him less than one hour before final adjournment, and there- upon issued a proclamation which closed as follows : " Now, therefore, I, Abraham Lincoln, President of the United States, do ]iro- claim, declare, and make known, that, while I am (as I was in December last, when by proclamation I propounded a plan for restoration) unprepared, by a formal approval of this bill, to be inflexibly com- mitted to .any single plan of restoration ; and, while I am also unprepared to declare that the free State constitutions and gov- ernments already adopted and installed in Arkansas and Louisiana shall be set a-^ide and held for nought, thereby repelling and discouraging the loyal citizens who have set up tike same as to further effort, or to declare a constitutional competency in Congress to abolish slavery in States, but I am at the same time sincerely hoping and 170 AMERICAN POLITICS. [book I. expecting that a constitutional amendment abolishing slavery' throughout the nation may be adopted, nevertheless I am fully satisfied with the system for restoration contained in the bill as one very proper plan for the loyal people of any State choosing to adopt it, and that I am, and at all times shall be, prepared to give the Ex- ecutive aid and assistance to any such peo- ple, so soon as the military resistance to the United States shall have been sup- pressed in any such State, and the people thereof shall have suificiently returned to their obedience to the Constitution and laws of the United States, in which cases Military Governors will be appointed, with directions to proceed according to the bill." Admission of Arkansas. On the 10th of June, 18G4, introduced a joint resolution for the recognition of the free State government of Arkansas. A new State government had then been or- ganized, with Isaac Murphy, Governor, who was reported to have received nearly 16,000 votes at a called election. The other State officers are : Lieutenant Governor, C. C. Bliss ; Secre- tary of State, E. J. T. White ; Auditor, J. B. Berry ; Treasurer, E. D. Ayers ; Attor- nev General, C. T. Jordan; Judges of the Supreme Court, T. D. W. Yowley, C. A. Harper, E. Baker. The Legislature also elected Senators, but neither Senators nor Representatives obtained their seats. Trumbull, from the Senate Judiciary Committee, made a long report touching the admission of the Sen- ators, which closed as follows : " When the rebellion in Arkansas shall have been so far suppressed that the loy- al inhabitants thereof shall be free to re- estal)lish their State government upon a republican foundation, or to recognize the one already set up, and by the aid and not in subordination to the military to main- tain the same, they will then, and not be- fore, in the opinion of your committee, be entitled to a representation in Congress, and to participate in the administration of the Federal Government. Believing that such a state of things did not at the time the claimants were elected, and does not now, exist in the State of Arkansas, the committee recommend for adoption the following resolution : " Resolved, That William M. Fishback and Elisha Baxter are not entitled to seats as Senators from the State of Arkansas." 1804, June 20 — Tlie resolution of the Committee on the Judiciary was adopted — yeas 27, nays 6. President Jvincoln was known to favor the irnnu-diate admission of Arkansas and Louisiana, but the refusal of the Senate to admit the Arkansas Senators raised an is- sue which partially divided the Republi- cans in both Houses, some of whom fa- vored forcible reconstruction through the aid of Military Governors and the machin- ery of new State governments, while others opposed. The views of those opposed to the President's policy are well stated in a paper signed by Benjamin F. Wade and Henry M'^inter Davis, published in the New York Tribune, August 5th, 1864. From this we take the more jjithy extracts : The President, by preventing this bill from becoming a law, holds the electoral votes of the rebel States at the dictation of his personal ambition. If those votes turn the balance in his favor, is it to be supposed that his compe- titor, defeated by such means, will ac- quiesce ? If the rebel majority assert their su- premacy in those States, and send votes which elect an enemy of the Government, will we not repel his claims ? And is not civil war for the Presidency inaugurated by the votes of rebel States? Seriously impressed with these dangers. Congress, " the proper constitutional au- thority,^' formally declared that there are no State governments in the rebel States, and provided for their erection at a proper time ; and both the Senate and the House of Representatives rejected the Senators and Representatives chosen under the au- thority of what the President calls the free constitution and government of Ar- kansas. The President's proclamation "holds for ?2«i<5r/j^ " this judgment, and discards the authority of the Supreme Court, and strides headlong toward the anarchy his pro- clamation of the 8th of December inaugu- rated. If electors for President be allowed to be chosen in either of those States, a sinis- ter light will be cast on the motives Avhich induced the President to " hold for naught " the will of Congress rather than his gov- ernment in Louisiana and Arkansas. That judgment of Congress which the President defies was the exercise of an authority exclusively vested in Congress by the Constitution to determine what is the established government in a State, and in its own nature and by the highest judi- cial authority binding on all other depart- ments of the Government. * * * * A more studied outrage on the legisla- tive authority of the people has never been perpetrated. Congress passed a bill ; the President re- fused to a)iprove it, and then by proclama- tion j)uts as much of it in force as he sees fit, and i)r()poses to execute those parts by officers unknown to the laws of the United States and not subject to the confirmation of the Senate ! BOOK I.] RECONSTRUCTION. 171 The bill directed the appointment of Provisional Governors by and with the ad- vice and consent of the Senate. The President, after deieating the law, proposes to ap2)oint withont law, and with- out the advice and consent of the Senate, Military Governors for the rebel States ! He has already exercised this dictatorial usurpation in Louisiana, and he defeated the bill to prevent its limitation. * * * The President has greatly presumed on the forbearance which the supporters of his Administration have so long practiced, in view of the arduous conflict in which we are engaged, and the reckless ferocity of our political opponents. But he must understand that our sup- port is of a cause and not of a man ; that the authority of Congress is paramount and must be respected; that the whole body of the Union men of Congress will not submit to be impeached by him of rash and unconstitutioual legislation ; and if he wishes our suj)port, he must confine himself to his executive duties — to obey and execute, not make the laws — to sup- press by arms armed rebellion, and leave political reorganization to Congress. If the supporters of the Government fail to insist on this, they become responsi- ble for the usurpations which they fail to rebuke, and are justly liable to the indig- nation of the people whose rights and security, committed to their keeping, they sacrifice. Let them consider the remedy for these usurpations, and, having found it, fear- lessly execute it. The question, as presented in 1864, now passed temporarily irom public considera- tion because of greater interest in the closing events of the war and the Presi- dential succession. The passage of the 14th or anti-slavery amendment by the States also intervened. This was officially announced on the 18th of December 1865, by Mr. Seward, 27 of the then 36 States having ratified, as follows : Illinois, Rhode Island, Michigan, Maryland, New York, West Virginia, Maine, Kansas, Massachu- setts, Pennsylvania, Virginia, Ohio, Mis- souri, Nevada, Indiana, Louisiana, Minne- sota, Wisconsin, Vermont, Tennessee, Ar- kansas, Connecticut, New Hampshire, South Carolina, Alabama, North Carolina, and Georgia. TEXT OF THE RECONSTRUCTION MEASURES. 14th Constitutional Amendment. Jcint ResoUUion jyrojioiin'i an Amendment to the Constitu- tion of the United Sttitef. Be it resolved by the Senate and House of Representatives of the United States of America, in Congress assnnbled, (two- thirds of both houses concurring,) That the following article be proposed to the Legislatures of the several States a.s an amendment to the Constitution of the United States, which, when ratified by three-fourths of said Legislatures, shall be valid as part of the Constitution, namely : [Here follows the 14th amendment. See Book IV.J Reconstruction Act of Tlilrty-Nlntli Con- An Act to provide for the more efficient government of the rebel titutes. Whereas no legal State governments or adecjuate protection for life or property now exists in the rebel States of Virginia, North Carolina, South Carolina, Georgia, Mississippi, Alabama, Louisiana, Florida, Texas, and Arkansas; and whereas it is necessary that peace and good order should be enforced in said States until loyal and republican State governments can be legally established : Therefore Be it enacted, d'c., That said rebel States shall be divided into military districts and made subject to the military authority of the United States, as hereinafter jtrescribed, and for that purpose Virginia shall consti- tute the first district ; North Carolina and South Carolina the second district ; Geor- gia, Alabama, and Florida the third dis- trict ; Mississippi and Arkansas the fourth district ; and Louisiana and Texas the fifth district. Sec. 2. That it shall be the duty of the President to assign to the command of each of said districts an officer of the army, not below the rank of brigadier general, and to detail a sufficient military force to enable such officer to perform his duties and enforce his authority within the dis- trict to which he is assigned. Sec. 3. That it shall be the duty of each officer assigned as aforesaid to protect all persons in their rights of person and ])roperty, to suppress insurrection, disor- der, and violence, and to punisn, or cause to be punished, all disturbers of the public peace and criminals, and to this end ne may allow local civil tribunals to take jurisdiction of and to try offenders, or, when in his judgment it may be necessary for the trial of offenders, he shall have power to organize military commissions or tribunals for that purpose ; and all in- terference under color of State authority with the exercise of military authority un- der this act shall be null and void. Sec. 4. That all persons put under mili- tary arrest by virtue of this act shall be tried without unnecessary delay, and no ci"uel or unusual punishment shall be in- flicted ; and no sentence of any military commission or trilnuial hereby authorized, affecting the life or liberty of any person, shall be executed until it is ajijiroved by the officer in command of the district, and 172 AMERICAN POLITICS. [book I. the laws and regulations for the govern- ment of the army shall not be affected by this act, except in so far as they conflict with its provisions : Provided, That no sentence of death under the provisions of this act shall be carried into effect without the approval of the President, Sec. 5. That when the people of any one of said rebel States shall have formed a constitution of government in conformity with the Constitution of the United States in all respects, framed by a convention of delegates elected by the male citizens of said State twentj'-one years old and up- ward, of whatever race, color, or previous condition, who have been resident in said State for one year previous to the day of such election, except such as may be dis- franchised for participation in the rebel- lion, or for felony at common law, and when such constitution shall provide that the elective franchise shall be enjoyed by all such persons as have the qualilications herein stated for electors of delegates, and when such constitution shall be ratified by a majority of the persons voting on the question of ratification who are qualified as electors for delegates, and when such con- stitution shall have been submitted to Congress for examination and approval, and Congress shall have approved the same, and when said State, by a vote of its legislature elected under said constitution, shall have adopted the amendment to the Constitution of the United States, proposed by the Thirty-ninth Congress, and known as article fourteen, and when said article shall have become a part of the Constitu- tion of the United States, said State shall be declared entitled to representation in Congress, and Senators and Representa- tives shall be admitted therefrom on their taking the oaths prescribed by law, and then and thereafter the preceding sections of this act shall be inoperative in said State : Provided, That no person excluded from the privilege of holding ofiice by said proposed amendment to the Constitution of the United States shall be eligible to election as a member of the convention to frame a constitution for any of said rebel States, nor shall any such person vote for members of such convention. Skc. 6. That until the people of said rebel States shall be by law admitted to repre- sentation in the Congress of the United States, any civil governments which may exist therein shall be deemed provisional only, and in all respects subject to the paramount authority of the United States at any time to abolish, modify, control, or supersede the same; and in all elections to any office under sucii provisional govern- ments all jjorsons .shall be entitled to vote, and none others, who are entitled to vote under the provisions of the fifth section of this act ; and no person shall be eligible to ' any office under any such provisional gov- ernments who would be disqualified from holding office under the provisions of the third article of said constitutional amend- ment. Passed March 2, 1867. Supplemental Reconstrnctlou Act of For> tlelb Congress. An Act supplementary to an act entitled " An act to provide for the more efficient government of the rebel States," passed March second, eighteen hundred and sixty-seven, and to facilitate restora- tion. Be it enacted, I'c, That before the first day of September, eighteen hundred and sixtj'-seven, the commanding general in each district defined by an act entitled " An act to provide for the more efficient government of the rebel States," passed March second, eighteen hundred and sixty- seven, shall cause a registration to be made of the male citizens of the United States, twenty-one years of age and up- wards, resident in each county or parish in the State or States included in his dis- trict, which registration shall include only those persons who are qualified to vote for delegates by the act aforesaid, and who shall have taken and subscribed the fol- lowing oath or affirmation : " I, , do solemnly swear, (or affirm,) in the presence of Almighty God, that I am a citizen of the State of ; that I have resided in said State for months next preceding this day, and now reside in the county of , or the parish of -, in said State, (as the case may be ;) that I am twenty-one years old ; that I have not been disfranchised for participa- tion in any rebellion or civil war against the United States, nor for felony commited against the laws of any State or of the United States ; that I have never been a member of any State legislature, nor held any executive or judicial office in any State and afterwards engaged in insurrec- tion or rebellion against the United States, or given aid or comfort to the enemies thereof; that I have never taken an oath as a member of Congress of the United States, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, and afterwards engaged in insurrection or rebellion against the United States or given aid or comfort to the enemies thereof; that I will faithfully support the Constitution and obey the laws of the United States, and will, to the best of my ability, encourage others so to do, so help mcCJod;" which oath or affirm- ation m.'iy be administered by any register- ing officer. BOOK I.] EECONSTRUCTION. 173 Sec. 2. That after the completion of the registration hereby provided for in any State, at such time and places therein as the commanding general shall appoint and direct, of which at least thirty days' public notice shall be given, an election shall be held of delegates to a convention for the purpose of establishing a constitution and civil government for such State loyal to the Union, said convention in each State, except Virginia, to consist of the same number of mem])ers as the most numerous branch of the State legislature of such State in the year eighteen hundred and sixty, to be apportioned among the several districts, counties, or parishes of such State by the commanding general, giving to each representation in the ratio of voters or registered as aforesaid, as nearly as may be. The convention in Virginia shall con- sist of the same number of members as represented the territory now constituting Virginia in the most numerous branch of the legislature of said State in the year eighteen hundred and sixty, to be aj)- pointed as aforesaid. Sec. 3. That at said election the regis- tered voters of each State shall vote for or against a convention to form a constitution therefor under this act. Those voting in favor of such a convention shall have written or printed on the ballots by which they vote for delegates, as aforesaid, the words " For a convention," and those vot- ing against such a convention shall have written or printed on such ballots the words " Against a convention." The per- son appointed to superintend said election, and to make return of the votes given thereat, as herein provided, shall count and make return of the votes given for and against a convention ; and the command- ing general to whom the same shall have been returned shall ascertain and declare the total vote in each State for and against a convention. If a majority of the votes given on that question shall be for a con- vention, then such convention shall be held as hereinafter provided; but if a majority of said votes shall be against a convention, then no such convention shall be held un- der this act : Provided, That such con- vention shall not be held unless a majority of all such registered voters shall have voted on the question of holding such con- vention. Sec. 4. That the commanding general of each district shall appoint as many boards of registration aa may be necessary, con- sisting of three loyal officers or persons, to make and complete the registration, su- Eerintend the election, and make return to im of the votes, lists of voters, and of the persons elected as delegates by a plurality of the votes cast at said election ; and upon receiving said returns he shall open the same, ascertain the persons elected as dele- gates according to the returns of the offi- cers who conducted said election, and make proclamation thereof; and if a ma- jority of the votes given on that question shall be for a convention, the commanding general, within sixty days from the date of election, shall notify the delegates to as- semble in convention, at a time and place to be mentioned in the notification, and said convention, when organized, shall pro- ceed to frame a constitution and civil gov- ernment according to the provisions of this act and the act to which it is supplement- ary ; and when the same shall have been so framed, said constitution shall be sub- mitted by the convention for ratification to the persons registered under the provisions of this act at an election to be conducted by the officers or persons appointed or to be appointed by the commanding general, as hereinbefore provided, and to be held after the expiration of thirty days from the date of notice thereof, to be given by said convention ; and the returns thereof shall \m made to the commanding general of the district. Sec. 5, That if, according to said re- turns, the constitution shall be ratified by a majority of the votes of the registered electors qualified as herein specified, cast at said election, (at least one-half of all the registered voters voting upon the question of such ratification,) the president of the convention shall transmit a copy of the same, duly certified, to the President of the United States, who shall forthwith transmit the same to Congress, if then in session, and if not in session, then imme- diately upon its next assembling; and if it shall, moreover, appear to Congress that the election was one at which all the reg- istered and qualified electors in the State had an opportunity to vote freely and with- out restraint, fear, or the influence of fraud; and if the Congress shall be satisfied that such constitution meets the approval of a majority of all the qualified electors in the State, and if the said constitution shall be declared by Congress to be in conformity with the provisions of the act to which this is sup];)lementary, and the other provisions of said act shall have been complied with, and the said constitution shall be approved by Congress, the State shall be declared entitled to representation, and Senators and Representatives shall be admitted therefrom as therein provided. Sec. (3. That all elections in the States mentioned in the said " Act to provide for the more efficient government of the rebel States," shall, during the oj^eration of said act, be bv ballot ; and all officers making the said registration of voters and conduct- ing said elections shall, before entering upon the discharge of their duties, take and subscribe the oath prescriVied by the act approved July second, eighteen hun- 174 AMERICAN POLITICS. [book I. dred and sixty-two, entitled "An act to prescribe an oatli of office : * Provided, That if any person shall knowingly and falsely take and subscribe any oath in this act prescribed, such person so oflending and being thereof duly convicted, shall be sub- ject to the pains, penalties, and disabilities which by law are provided for the punish- ment of the crime of wilful and corrupt perjury. Sec. 7. That all expenses incurred by the several commanding generals, or by virtue of any orders issued, or api:)oint- ments made, by them, under or by virtue of this act, shall be paid out of any moneys in the treasuiy not otherwise appropriated. Sec. 8. That the convention for each State shall prescribe the fees, salary, and compensation to be paid to all delegates and other officers and agents herein au- thorized or necessary to carry into efi'ect the purposes of this act not herein other- wise provided for, and shall provide for the levy and collection of such taxes on the property in such State as may be ne- cessary to pay the same. Sec. 9. That the word • article, in the sixth section of the act to which this is supplementary, shall be construed to mean section. Passed March 23, 1867. Votes of State Liegislatures on tlie Poiir- teeiitli Constitutional Amendment.! LOYAL STATES. Ratified — Twenty-one Slates. Maine — Sexate, January 16, 1867, yeas * This act is in these words : Be it enacted, ,tc., That liereafter every person elected or appointed to ;iny office of honor or profit under tlio government of the I'nited States, either in the civil, mili- tary, or niival departments of the public service, except- ing the President of the United States, shall, before en- tering upon the duties of such office, and before being entitled to any of the salary or other emoluments there- of, take and subscribe the following; oath or affirmaticm : " I, A I!, do polcniidy swear ^or allirm) that I have never voluntarily borne arms against the United States since I have been a citizen thereof; that I have voluntarily given no aid, countenance, counsel, or encouragement to persons engaged in armed hostility thereto; that I have never sought nor accepted nor attempted to exercise the fnnrticms of any office whatever, under any authority or pretended authority, in hostility to t)io United States ; that I have not yielded a voluntary support to any prc- teniled government, authority, power, or constituticm within the United States, hostile or inimical thereto; and I do further swear 'or affirm) that, to the best of my knowdedge and ability, I will supjiort and defend the Constitution of the United States, against all enemies, f(jreiL'n and domestic; that I will bear true faith and al- le;.'iaMco to tile same ; that I t.ake this obligation freely, without any mental reservatiim or iiurpoHe of evasion, and that I will well an•( thi' Court, Mouse of Con- gress, or Dejiartnient to which the said office may apjier- tain. And any pcTson who sbnil falsely take the said oath shall be guilty of perjury, and on cnnvietion, in ad- dition to the penaltiesj ncjw prescribed for that offense, shall be dejiriveil of his office, and rendered incapable firever after, of holding any office or place under the United States. t ''oiMiiil-d by Tlon. Kdward McPhentou in his Iluud Book of Politics for 18C8. 31, nays ; House, January 11, 1867, yeas 12(5, nays 12. Xetc 'Hampshire — Senate, July 6, 1866, veas 9, navs 3 ; House, June 28, 1866, yeas 207, nays 112. re?-??i'o?j^— Senate, October 23, 1866, veas 28, navs ; House, October 30, 1866, yeas 199, nays 11. Massachusetts — ^SENATE, March 20, 1867, yeas 27, navs 6 ; House, March 14, 1867, yeas 120, nays 20. Rhode Island — SENATE, February 5, 1867, yeas 26, nays 2 ; House, February 7, 1867, yeas 60, nays 9 Connecticut — Senate, June 25, 1866, yeas 11, nays 6 ; House, June 29, 1866, yeas 131, nays 92. Keic York — SENATE, January 3, 1867, yeas 23, nays 3 ; House, January 10, 1867, yeas 76, nays 40. Keic Jersey — SENATE, September 11, 1866, veas 11, navs 10; House, September 11, 1866, yeas 34, nays 24. Pennsylvania — SENATE, January 17, 1867, yeas 20, navs 9 ; House, February 6, 1867, yeas 68, nays 29. West Virginia — SENATE, January 15, 1867, yeas 15, navs 3 ; House, January 16, 1867, yeas 43, nays 11. Ohio — Senate, January 3, 1867, yeas 21, nays 12; House, January 4, 1867', yeas 54, nays 25. Tennessee — Senate, July 11, 1866, yeas 15, nays 6 ; House, July 12, 1866, yeas 43, nays 11. Indiana — SENATE, January 16, 1867, yeas 29, nays 18 ; House, January 23, 1867, yeas — , nays — . /;Zf?iois— Senate, January 10, 1867, yeas 17, nays 7 ; House, January 15, 1867, yeas 59, nays 25. Michigan — SeNATE, 1867, yeas 25, nays 1 ; House, 1867, yeas 77, nays 15. Missotiri — Senate, January 5, 1867, yeas 26, nays 6 ; House, January 8, 1867, yeas 85, nays 34. Minnesota — Senate, January 16, 1867, yeas 16, nays 5 ; Hou^SE, January 15, 1867, yeas 40, nays 6. A7r/!s«s— Senate, January 11, 1867, unanimously; House, January 10, 1867, yeas, 75, nays 7. Wisconsin — Senate, January 23, 1867, yeas 22, navs 10; House, February 7, 1867, veas 72, navs 12. Oregon—* Senate, , 1866, yeas 13, navs 7; House, September 19, 1866, yeas 25 ; nays 22. Nevada — * Senate, January 22, 1867, yeas 14, nays 2; House, January 11, 1867, yeas 34, nays 4. Rejected — Three States. Delaware — Senate, ; House, February 7, 1867, yeas 6, nays 15. ♦UnofBcial. BOOS I.] GENERAL McCLELLAN'S LETTERS. 175 i!/aryZan,d— Senate, March 23, 1867, yeas 4, nays 13 ; House, March 23, 1867, yeas 12, nays 45, Kentucky — Senate, January 8, 1867, yeas 7, nays 24 ; HouSE, January 8, 1867, yeas 26, nays 62. Nut acted— Three States. Iowa, California, Nebraska. INSURRECTIONARY STATES. Rejected — Ten States. Virginia — Senate, .January 9, 1867, unanimously ; House, January 9, 1867, 1 for ameiulnient. North Carolina — SENATE, December 13, 1866, yeas 1, nays 44 ; House, December 13, 1866, yeas 10, nays 93. South Carolina — Senate ; House, December 20, 1866, yeas 1, nays 9o. Georgia — Senate, November 9, 1866, yeas 0, nays 36 ; House, November 9, 1866, yeas 2, nays 131. Florida — Senate, December 3, 1866, yeas 0, nays 20 ; House, December 1, 1866, yeas 0, nays 49. Alabama — Senate, December 7, 1866, yeas 2, nays 27; House, December 7, 1866, yeas 8, nays 69. Mississippi — Senate, January 30, 1867, yeas 0, nays 27 ; House, January 25, 1867, yeas 0, nays 88. Louisiana Senate, February 5, 1867, unanimously ; House, February 6, 1867, unanimously. Te.vns — Senate, ; House, Oc- tober 13, 1866, yeas 5, nays 67. Arkansas — Senate, December 15, 1866, yeas 1, nays 24 ; House, December 17, 1866, yea§ 2, nays 68. The passage of the 14th Amendment and of the Reconstruction Acts, was followed by Presidential proclamations dated August 20, 1866, declaring the insurrection at an end in Texas, and civil authority existing throughout the wholo of the United States. presidential election op 1864. The Republican National Convention met at Baltimore, June 7th, 1864, and re- nominated President Lincoln unanimous- ly, save the vote of Missouri, which was cast for Gen. Grant. Hannibal Hamlin, tlie old Vice-President, was not re-nomi- nated, because of a desire to give part oi' the ticket to the L^nion men of the South, who pressed Senator Andrew Johnson of Tennessee. " Parson " Brownlow made a strong api^eal in his behalf, and by his elo- quence captured a majority of the Con- vention. The Democratic National Convention met at Chicago, August 29th, 1864, and nominated General (Jeorge B. INIcClellan, of New Jersey, for President, and George H. Pendleton, of Ohio, for Vice-President. General McClellan was made available for the Democratic nomination through cer- tain political letters which he h.ad written on points of diflereiice between himself and the Lincohi administration. Two of these letters arc suliicicnt to show his own and the views of the party which nominated him, in the canvass which followed: Gc-n. McClellan '8 Letters. Oil I'oliticiil AdminUtratit/n, July 7, 1862. llFADyUAUTKKS AltJIY OF THK PoTOMAC, Camp nkau IJauuison's Landino, Va., July 7, 1802. Mil. President: — You have been fully inibrnu'd that the rebel army is in the front, with the jiurpose of overwhelming us by attacking our positions or reducing us hy blocking our river communications. I cannot but regard our condition as criti- cal, and I earnestly desire, in view of pos- sible contingencies, to lay before your ex- cellency, for your jjrivate consideration, my general views concerning the existing state of the rebellion, although they do not strictly relate to tlie situation of this army, or strictly come within the scope of my official duties. These views amount to convictions, and are deeply impressed upon my mind and heart. Our cause must never be abandoned ; it is the cause of free in- stitutions and self-government. The Con- stitution and the Union must be jDreserved, whatever may be the cost in time, treasure, and blood. If secession is successful, other dissolutions are clearly to be seen in the future. Let neither military disaster, polit- ical faction, nor foreign war shake your settled purpose to enforce tlie equal opera- tion of the laws of the United States upon the peojile of every State. The time has come when the govern- ment must determine upon a civil and military policy, covering the whole ground of our national trouble. Tlie responsibility of determining, de- claring, and supporting such civil and mil- itary policy, and of directing the whole course of national affiiirs in regard to the rebellion, must now be assumed and exer- cised by you, or our cause will be lost. The Constitution gives you power, even for the present terrible exigency. This rel)ellion has assumed the charac- ter of a war ; as such it should be regarded, and it should be conducted upon the high- est principles known to Christian civiliza- tion. It should not be a war looking to the subjugation of the people of any State, in any event. It should not be at all a war upon population, but against armed forces and political organizations. Neither confiscation of property, political execu- tions of persons, territorial organization of States, or forcible abolition of slavery, should be contemplated for a moment. In prosecuting the war, all private property and unarmed persons should be strictly "protected, subject only to the ne- cessity of military operations ; all private 176 AMERICAN POLITICS. [book I. property taken for military use should be jjaid or receipted for; pillage and waste should be treated as high crimes ; all un- necessary trespass sternly prohibited, and offensive demeanor by the military towards citizens promptly rebuked. Military ar- rests should not be tolerated, except in places where active hostilities exist ; and oaths, not required by enactments, consti- tutionally made, should be neither de- manded nor received. Militarj' government should be confined to the preservation of public order and the protection of political right. Military power should not be allowed to interfere with the relations of servitude, either by supporting or impairing the authority of the master, except for repressing disorder, as in other cases. Slaves, contraband under the act of Congress, seeking military pro- tection, should receive it. The right of the government to appropriate permanent- ly to its own service claims to slave labor should be asserted, and the the right of the owner to compensation therefor should be recognized. This principle might be ex- tended, upon grounds of military necessity and security, to all the slaves of a particu- lar State, thus working manumission in such State ; and in Missouri, perhaps in Western Virginia also, and possibly even in Maryland, the expediency of such a measure is only a question of time. A system of policy thus constitutional, and pervaded by the influences of Christianity and freedom, would receive the support of almost all truly loyal men, would deeply impress the rebel masses and all foreign nations, and it might be humbly hoped that it would commend itself to the favor of the Almighty. Unless tiie principles governing the future conduct of our struggle shall be made known and ajtproved, the eiTort to obtain requisite forces will be almost hope- less. A declaration of radical views, es- pecially U])on slaver}^ will rapidly disin- tegrate our present armies. The policy of the government must be supported by con- centrations of military power. The na- tional forces should not be dis^^ersed in expeditions, posts of occupation, and nu- merous armies, but should be mainly col- lected into masses, and brought to bear u])on the armies of the Confederate States. Those armies thoroughly defeated, the ])o]itical structure which they support would soon cea.se to exist. In carrying out any system of policy which you may form, you will require a commander-in-chief of the army, one who possesses your confidence, understands your views, and who is comjictont to exe- cute your orders, by directing the military forces of the nation to the accomi)lishment of the objects by you ])roposed. I do not ask that place for myself. I am willing to serve you in such position as you may as- sign rne, and I will do so as faithfully as ever subordinate served superior. I may be on the brink of eternity ; and as I hope forgiveness from my Maker, I have written this letter with sincerity to- wards you and from love for my country. Very respectfully, your obedient servant, George B. McClellax, Major- General Commanding. His Excellency A. Lincoln, President. IN FAVOR or THE ELECTION OF GEORGE W. WOODWARD AS GOVERNOR OF PENNSYLVANIA. Oeanoe, New Jersey, October 12, 1863. Dear Sir : — My attention has been called to an article in the Philadelphia Press, asserting that I had written to the managers of a Democratic meeting at Allentown, disapproving the objects of the meeting, and that if I voted or spoke it would be in favor of Governor Curtin, and I am informed that similar assertions have been made throughout the State. It has been my earnest endeavor hereto- fore to avoid participation in party politics. 1 had determined to adhere to this course, but it is obvious that I cannot longer maintain silence under such misrepresen- tations. I therefore request you to deny that I have written any such letter, or entertained any such views as those at- tributed to me in the Philadelphia Press, and I desire to state clearly and distinctly, that having some days ago had a full con- versation with Judge Woodward, I find that our views agree, and I regard his elec- tion as Governor of Pennsylvania called for by the interests of the nation. I understand Judge "Woodward to be in favor of the prosecution of the war with all the means at the command of the loyal States, until the military i>ower of the re- bellion is destroyed. I understand him to be of the opinion that while the war is urged with all possible decision and energy, the policy directing it should be in consonance with the principles of humanity and civilization, working no in- jury to private rights and property not demanded by military necessity and recog- nized by military law among civilized na- tions. And, finally, I understand him to agree with me in the opinion that the sole great objects of this war are the restoration of the unity of the nation, the preservation of the Constitution, and the .supremacy of the laws of the country. Believing our opinions entirely agree upon these points, I would, were it in my power, give to Judge Woodward my voice and vote. 1 am, very respectfully, yours, Geoik.e B. McClellAIT. Hon. Charles J. Biddlk. BOOK I.J LINCOLN'S SECOND ADMINISTRATION. 177 The views of Mr. Lincoln were well known ; tlioy were felt in the general con- duct of the war. The Republicans adojjtod as one of their maxims the words of their candidate, " that it was dangerous to swap horses while crossing a stream." The cam- paign was exciting, and was watched by both armies with interest and anxiety. In this election, by virtue of an act of Con- gress, the soldiers in the field were per- mitted to vote, and a large majority of every branch of the service sustaineil the Adininistration, though two years before General McClellan had been the idol of the Army of the Potomac. Lincoln and Johnson received 212 electoral votes, against 21 for McClellan and Tendletou. Ijlncoln's Second Administration. In President Lincoln's second inaugural address, delivered on the 4th of March, 18G5, he spoke the following words, since oft quoted as typical of the kindly disposi- tion of the man believed by his party to be the greatest President since Washington : " With malice toward none, with charity for all, with firmness in the right, as God gives us to see the right, let us strive on to finish the work we are in, to bind up the Nation's wounds, to care for him whosliall have borne the battle, and for his widow and orphans — to do all which may achieve a just and lasting peace among ourselves and with all nations." Lincoln could well afford to show that generosity which never comes more prop- erly than from the hands of the victor. His policy was about to end in a great triumph. In less than five weeks later on General Lee had surrendered the main army of the South to General Grant at Appomattox, on terms at once magnani- mous and so briefly stated that they won the admiration of both armies, for the rebels had been permitted to retain their horses and side arms, and to go at once to their homes, not to be disturbed by United States authority so long as they observed their paroles and the laws in force where they resided. Lee's surrender was rapidly followed by that of all Southern troops. Next came a grave political work — the actual reconstruction of the States lately in rebellion. This work gave renewed fresh- ness to the leading political issues incident to the war, and likewise gave rise to new issues. It was claimed at once that Lin- coln had a reconstruction policy of his own, because of his anxiety for the prompt admission of Louisiana and Arkansas, but it had certainly never taken definite shape, nor was there time to get such a policy in shape, between the surrender of Lee and his own assassination. On the night of the 15th of April, six days after the sur- render, J. Wilkes Booth shot him while 12 sitting in a box in Ford's theatre. The nation stood ap])alled at the deed. No man was ever more sincerely mourned in all sections and by all classes. The Soulh- crn leaders thought that this rash act had lost to them a life which had never been harsh, and while firm, was ever generous. The North had looked upon him as "Father Abraham," and all wlio viewed the result of the shooting from sectional or partisan standpoints, thought his policy of " keep- ing with the people," would have shielded every proper interest. No public man ever felt less " pride of opinion" tlian Lincoln, and we do believe, had he lived, that he would have shaped events, as he did dur- ing the war, to the best interests of the victors, but without unnecessaiy agitation or harshness. All attemi)ts of writers to evolve from his proclamation a reconstruc- tion policy, applicable to peace, have been vain and impotent. He had none which would not have changed Vv'ith changing circumstances. A "policy" in an execu- tive office is too often but another name for executive egotism, and Lincoln was almost absolutely free from that weakness. On the morning of Mr. Lincoln's death, indeed within the same hour (and very properly so under the circumstances), the Vice President Andrew Johnson was in- augurated as President. The excitement was painfully high, and the new President, in speeches, interviews and proclamations if possible added to it. From evidence in the Bureau of Military Justice he thought the assassination of Lincoln, and the attempted assassination of Secretary Seward had been procured by Jefi'erson Davis, Clement C. Clay, Jacob Thompson, Geo. N. Saunders, Beverly Tucker, Wm. C. Cleary, and " other rebels and traitors harbored in Canada." The evidence, how- ever, fully drawn out in the trial of the co- conspirators of J. Wilkes Booth, showed that the scheme was hair-brained, and from no responsible political source. The proclamation, however, gave keenness to the search for the fugitive Davis, and he was soon captured while making his way through Georgia to the Florida coast with the intention of escaping from the country. He was imprisoned in Fortress INIonroe, and an indictment for treason was found against him, but he remained a close pris- oner for nearly two years, until times when political policies had been changed or modified. Horace Greeley was one of his bondsmen. By this time tliere was grave doubt whether he could be legally con- victed, * " now that the charge of inciting Wilkes Booth's crime had been tacitly abandoned. Mr. Webster (in his Bunker Hill oration) had only given clearer ex- pression to the American doctrine, that, • From Greeley's Recollections of a Busy Life, page 413, 178 AMERICAN POLITICS. [book after a revolt has levied a regular army, and fought therewith a pitched battle, its champions, even though utterly defeated, cannot be tried and convicted as traitors! This may be an extreme statement; but surely a rebellion which has for years main- tained great armies, levied taxes and con- scriptions, negotiated loans, fought scores of sanguinary battles with alternate suc- cesses and reverses, and exchanged tens of thousands of prisoners of war, can'hardly fail to have achieved thereby the position' and the rights of a lawful belligerent." This view, as then presented by Greeley, was accepted by President Johnson, who from intemperate denunciation had become the friend of his old friends in the South. Greeley's view was not generally accepted by the Xorth, though mo.'ar- tially, to new theories and alliances. The l)rcscnt one took them away from the principles of Jackson, from the hard- money theories of tlie early days, and would land them they knew not where, nor did BOOK I.] THE GREENBACK PARTY. 195 many of them care, if they could once more get upon their feet. Some resisted, and comparatively few of the Democrats in the Middle States yielded, but in part of New England, the great West, and nearly all of the South, it was for several years quite difhcult to draw a line between Greenbackers and Democrats. Some Re- publicans, too, who had tired of tiie " old war issues," or discontented with t!ie man- agement and leadership of their party, aided in the construction of the f Jrcen- back bridge, and kept ui)on it as long us it was safe to do so. In State elections up to as late as 1880 this Greenback clement was a most important tactor. Ohio was carried by an allianceof Greenbackers and Democrats, Allen being elected Governor, only to be supplanted by Hayes (after- wards President) after a most remarkable contest, the alliance favoring the Green- back, the Republicans not quite the hard- money, but a redeemable-in-gold theory. Indiana, always doubtful, passed over to the Democratic column, while in the Southern States the Democratic leaders made open alliances until the Greenback- ers became over-confident and sought to win Congressional and State elections on their own merits. They fancied that the desire to repudiate ante-war debts would greatly aid them, and they openly advo- cated the idea of repudiation there, but they had experienced and wise leaders to cope with. They were not allowed to monopolize this issue by the Democrats, and their arrogance, if such it may be called, was punished by a more com[)lcte assertion of Democratic power in the South than was ever known before. The theory in the South was welcomed where it would suit the Democracy, crushed where it would not, as shown in the Presidential election of 1880, when Garfield, Hancock and Weaver (Greenbacker) were the can- didates. The latter, in his stumping tour of the South, proclaimed that he and his friends were as much maltreated in Ala- bama and other States, as the Republicans, and for some cause thereafter (the Demo- crats alleged "a bargain and sale") he practically threw his aid to the Repul)- iicans — this when it became apparent that the Greenbackers, in the event of the elec- tion going to the House, could have no chance even there. Gen'l Weaver went from the South to Maine, the scene of what was regarded at that moment as a pivotal struggle for the Presidency. Blaine had twice been the most prominent candidate for the Presi- dency— 187G and 1880— and had both times been defeated by compromise candi- dates. He was still, as he had been for many years. Chairman of the Republican State Committee of Maine, and now as ever before swallowed the mortification of defeat with true political grace. The Cireenbackers had the year before formed a close alliance with the Democrats, and in the State election made the result s>j close that i'or many weeks it remained a matter of doubt who was elected Governor, ihc Democratic Greenbacker or the Re- publican. A struggle followed in the Legislature and before the Returning Hoard composed of State officers, who were Democrats, (headed by Gov. Gar- land I and sought to throw out returns on rohibitory law, and by his eloquent advocacy, secured that of Maine, which has stood for nearly tliirty years. That of Massachusetts has rcccnily been repealed. Tlie |)ro]iibit()ry ameinlment to the Constitution of Kansas was adojjtedin 1881, etc. The l'n.liil)itory Party, how- ever, never accomplished anything by sep- arate political action, and tliough fond of nominating candiilates for State and UicmI officers, has not as yet succeeded in hold- ing even a balance of power between the political parties, tliough it has often con- fused political calculations as to results in New York, Ohio, Pennsylvania, Connecti- cut, Massachusetts, etc. It seems never to have taken hold in any of the Southern States, and comparatively little in the Western, until the whole country was sur- prised in 1880 by the passage of the Kan- sas amendment by over 20,000 majority in a vote of the people invoked by the Legis- lature. An effort followed to submit a sim- ilar amendment through the Pennsylvania Legislature in 1881. It passed the House by a large majority, but after discussion in the Senate, and amendments to indemnify manufacturers and dealers in liquor (an amendment which woidd cripple if it would not bankrupt the State) was adopted. Gov- ernor St. John of Kansas, a gentleman fond of stumping for this amendment, insists that the results are good in his State, while its enemies claim that it has made many criminals, that liquor is everywhere smug- gled and sold, ancl that the law has turned the tide of immigration away from that great State. The example of Kansas, however, will probably be followed in other States, and the Prohibitory Party will hardly pass from view until this latest experiment has been fairly tested. It was also the author of " Local Option," which for a time swept Pennsylvania, but was repealed by a large majority after two years' trial. Annexation of San Domingo. The second session of the 41st Congress began December 5th, 1870. With all of the States represented, reconstruction be- ing complete, the body was now divided ])olitically as follows: Senate, 61 Repub- licans, 13 Democrats ; House 172 Republi- cans, 71 Democrats. President Grant's an- nual message discussed a new question, and advocated the annexation of San Do- mingo to the United States. A treaty had been negotiated between President Grant and the President of the Republic of San Domingo as early as September 4th, 1869, looking to annexation, but it had been re- jected by the Senate, Charles Sumner be- ing prominent in his opposition to the measure. He and Grant experienced a growing personal unpleasantness, because of the President's attempt to negotiate a treaty without consulting Mr. Sumner, who was Cliairman of the Committee on For- eign Affairs, and it was charged that through the influence of the President he was removed by the Republican caucus from this Chairmanship, and Senator Si- mon Cameron ])Ut in his place. Whether this was true or not, the diflerenccs bo- tween (Jrant and Sumner were universally remarked, and Sumner's imperious pride led him into a very vindictive assault up- on the pr()])osition. Grant gave few other reasons for annexation tlian military ones, suggested that as a naval station it would facilitate all home operations in the Gulf, while in the hands of a foreign power, in the event of war, it would prove the depot for many and dangerous warlike prepa- BOOK I.J THE FORCE BILL. 197 rations. The question had little political signiticance, it" it was ever designed to have any, and this second attempt to bring the scheme to the attention of Congress, was that a joint resolution (as in the annexa- tion of Texas) might be passed. This would require but a majority, but the ob- jection was met that no Territory could be annexed without a treaty, and this must be ratified by two-thirds of the Senate. A middle course was taken, and the Presi- dent was authorized to appoint three Com- missioners to visit Sun Domingo and as- certain the desires of its people. These reported I'avorably, but the subject was finally dropped, probably because the pro- position could not command a two-thirds vote, and has not since attracted attention. Amendator}' Eiiforct-meiit Acts. The operation of the loth Amendment, being still resisted or evaded in portions of the South, an Act w'as passed to enforce it. This extended the powers of the Fed- eral supervisors and marshals, authorized in the first, and gave the P^ederal Circuit Courts exclusive jurisdiction of all cases tried under the provisions of the Act and its supplements. It also empowered these Courts to punish any State oflicer who should attempt to interfere with or try such cases as in contempt of the Court's jvirisdiction. The Republicans sustained, the Democrats opposed the measure, but it was passed and approved February 28, 1871, and another sujjplement was insert- ed in the Sundry Civil Bill, and approved June lOlh, 1872, with continued resistance on the part of the Democrats. After the appointment of a committee to investi- gate the condition of affairs in the South- ern States, Congress adjourned March 4th, 1871. Tlie Alabama Claims. During this year the long disputed Ala- bama Claims of the United States against Great Britain, arising from the dcpreda- t'ons of the Anglo-rebel privateers, built and fitted out in British waters, were re- ferred by the Treaty of ^Vashington, dated Jlay 8th, 1S71, to arbitrators, and this was the first and most signal triumph of the plan of arbitration, so far as the Crovernment of the United States was concerned. The arbitrators were appointed, at the invitation of the governments of Great Britain and the United States, from these powers, and from Brazil, Italv, and Switzerland. On Se[)tember 14th,* 1872, they gave to the United States gross dam- ages to the amount of $1'),. 500,000, an amount which has subsequently proved to be really in excess of the demands of mer- chants and others claiming the loss of Ijroperty through the depredations of the rebel ram Alabama and other rebel priva- teers. We append a list of the representa- tives of the several governments: Arbitrator oil the part of the United States — Charles FxtANCis Adams. Arbitrator on the part of Great Britain — The Right Honorable Sir Alkxander CocKBURN, Baronet, Lord Chief Justice of England. Arbitrator on the part of Italy — His Ex- cellency Senator Count ScLOPis. Arhitrator on the part of Switzerland — Mr. Jacob Stamffli. Arbitrator on the part of Brazil — Baron D'Itajuba. Agent on the part of the United States — J. C. Bancroft Davis, Ar/ent on the part of Great Britain — Right Honorable Lord Tenterden. Counsel for the United States — CALEB CusHiNG, William M. Evarts, Morri- son R. Waite. Counsel for Great Britain — Sir E,OUN- DELL Palmer. Solicitor for the United States — CHARLES C. Be am AN, Jr. The Force BUI. The 42d Congress met ]\Iarch 4, 1871, the Republicans having sulfered somewhat in their representation. In the Senate there were 57 Republicans, 17 Democrats; in the House 138 Republicans, 103 Demo- crats. James G. Blaine was again chosen Speaker. The most exciting political question of the session was the passage of the " Force Bill," as the Democrats called it. The object was more rigidly to enforce observance of the provisions of the 14th Amendment, as the Republicans claim ; to revive a waning political power in the South, and save the " carpet-bag " govern- ments there, as the Democrats claimed. The Act allowed suit in the Federal courts against any person who should deprive another of the rights of a citizen, and it made it a penal offense to conspire to take away any one's rights as a citizen. It also provided that inability, neglect, or refusal by any State governments to suppress such consjiiracies, or their refusal to call upon the President for aid, should be deemed a denial by such State of the equal protec- tion of the laws under the 14th Amend- ment. It further declared such conspira- cies "a rebellion against the government of the United States," and authorized the President, when in his judgment the pub- lic safety refjuired it, to suspend the privi- lege of Juibeas corpus in any district, and suppress any such insurrection by the army and navy. But opposition was manifested after even the earlier trials. Benjamin F. Butler de- nounced the plan as English and anti-Re- 198 •AMERICAN POLITICS. [book I. publican, and before long some of the more radical Republican papers, which had indeed given litrle attention to the subject, began to denounce it as a plan to exclude faithful Rei^ublicans from and permit Democrats to enter the offices. These now argued that none of the vaga- ries of political dreamers could ever con- vince them that a free government can be run without political parties; that while rotation in office may not be a fundamen- tal element of republican government, yet the right of the people to recommend is its corner-stone ; that civil service would lead to the creation of rings, and eventually to the purchase of places ; that it would establish an aristocracy of office-holders, who could not be removed at times when it might be important, as in the rebellion, for the Administration to have only friends in public office; that it would establish grades and life-tenures in civic positions, etc. Some of the protests were strong, and it is difficult to say whether Curtis, Julian, or Eaton — its three leading advocates — or the politicians, had the best of the argu- ment. It was not denied, however, that a strong and very respectable sentiment had been created in favor of the reform, and to this sentiment all parties, and the President as well, made a show of bowing. It was fashionable to insert civil service planks in National and State platforms, but it was not such an issue as could live in the i)resence of more exciting ones ; and while to this day it has earnest and able advocates, it has from year to year fallen into greater disuse. Actual trial showed the impracticability of some of the rules, and President Grant lost interest in the suljject, as did Congress, for in several in- stances \t neglected to appropriate the funds necessary to carry out the provisions of the law. President Arthur, in his message to Congress in December, 1881, argued against its full api)lication, and sliowcd that it blocked the way to preferment, cer- tainly of the middle-aged and (ddcr per- sons, who could not recall their early les- sons acquired by vote; that its eflect was to elevate the inexperienced to positions wliich required executive ability, sound judgment, Inisiness aj)titude, and exi^eri- once. This feature of the message ni(>t the endorsement of nearly the (>ntire Republi- can press, and at this writing the senti- ment, at least of the liepnblican party, aj)- pears to favor ageneral modilication of the rules. The system was begun January 1st, 1872, but in December, ].S74, Congress re- fused to make any approj)riations, and it was for a time abandoned, with sliuht and spasmodic revivals under the administra- tion of J'nsident Hayes, who issued the fullowin^j order: Presideiit Hayes's Cl^-ll Service Order. Executive Mansion, Washington, June 22, 1877. Sir : — I desire to call your attention to the following paragraph in a letter ad- dressed by me to the Secretary of the Treasury, on the conduct to be observed by the officers of the General Government in relation to the elections : " No officer should be required or per- mitted to take part in the management of political organizations, caucuses, conven- tions or election campaigns. Their right to vote and to express their views on pub- lic questions, either orally or through the press, is not denied, provided it does not interfere with the discharge of their official duties. No assessment for political pur- poses on officers or subordinates should be allowed." This rule is applicable to exery depart- ment of the Civil Service. It should be understood by every officer of the General Government that he is expected to con- form his conduct to its requirements. Very respectfully, R. B. Hayes. By letter from the Attorney-General, Charles Devens, August 1, 1877, this order was held to apply to the Pennsylvania Re- ])ublican Association at Washington. Still later there was a further exposition, in which Attorney-General Devens, writing from Washington in October 1, 1877, ex- cuses himself from active participation in the Massachusetts State campaign, and says : " I learn with surprise and regret that any of the Republican officials hesitate either to speak or vote, alleging as a reason the President's recent Civil Service order. In distinct terms that order states that the right of officials to vote and express their views on public questions, cither orally or through the i)ress, is not denied, provided it does not interfere with the discharge of their official duties. If such gentlemen choose not to vote, or not to express or en- force their views in sup])ort of the princi- ples of the Republican party, either orally or othenvise, they, at least, should give a reason for such a course which is not justi- (ied by the order referred to, and which is simply a perversion of it." Yet later, when the interest inthePenn- syh'ania election became general, because of the shan> struggle between Governor Iloyt and Senator Dill for Governor, a committee of gentlemen (Republicans) vis- ited President Hayes and induced him to "suspend the operation of the order" as to Pennsylvania, where jiolitical contribu- tions were collected. From that time for- ward the order as to contributions and the action of oihce-holdera was not observed. BOOK I.] THE LIBERAL REPUBLICANS. 199 Amnesty. The first regular session of the 42d Con- gress met Dec. 4th, 1871. The Democrats consumed much of the time in ellorts to pass bills to remove the jjolitical disabili- ties of former Southern rcl)els, and they were materially aided by the editorials of Horace Greeley in the New York Tribune, which had long contended for universal amnesty. At this session, all such elibrts were defeated by the Republicans, who in- variably amended the propositions by ad- ding Sumner's Supplementary Civil Rights Bill, which was intended to prevent any discrimination against colored persons by common carriers, hotels, or other chartered or licensed servants. The Amnesty Bill, however, was passed May 22d, 1872, after an agreement to exclude from its provisions all who held the higher military and civic positions under the Confederacy — in all about 350 persons. The following is a copy : Be it enacted, etc., (two-thirds of each House concurring therein,) That all legal and political disabilities imi^osed by the third section of the fourteenth article of the amendments of the Constitution of the United States are hereby removed from all persons whomsoever, except Senators and Representatives of the Thiity-sixth and Thirty-seventh Congress, officers in the judicial, military, and naval service of the United States, heads of Departments, and foreign ministers of the United States. Sul)sequently many acts removing the disabilities of all excepted (save Jefferson Davis) from the provisions of the above, were passed. Tlie lilberal Repiibllcaus. An issue raised in Missouri gave imme- diate rise to the Liberal Republican party, though the course of Horace Greeley had long pointed toward the organization of something of the kind, and with equal plainness it pointed to his desire to be its champion and candidate for the Presi- dency. In 1870 the Republican party, then in control of the Legislature of Mis- souri, split into two parts on the question of the removal of the disqualifications im- posed upon rebels by the State Constitu- tion during the war. Those favoring the removal of disabilities were headed by B. Gratz Brown and Carl Schurz, and they called tliLMuselves Liberal Republicans ; i those opposed were called and accepted the name of Radical Repul)licans. The former quickly allied themselves with the Democrats, and thus carried the State, [ though Grant's administration " stood in"' with the Radicals. As a result the dis- I abilities were quickly removed, and those who believed with Greeley now sought to promote a reaction iu Republican senti- j ment all over the country. Greeley wa.s the recognized head of this movement, and he was ably aided by ex-Governor Curtin and Col. 4» K- McClure in Pennsylvania ; Charles Francis Adams, Massachasetts ; Judge Trumbull, in Illinois; Reuben E. Fenton, in New York ; Brown and Schurz in Missouri, and in fact by leading Re- publicans in nearly all of the States, who at once began to lay plans to carry the next Presidential election. They charged that the Enforcement Acts of Congress were designed more for the political advancement of Grant's adherents than for the benefit of the country ; that instead of supjnx'ssing they were calcula- ted to promote a war of races in the South ; that Grant was seeking the establishment of a military despotism, etc. These leaders were, as a rule, brilliant men. They had tired of unappreciated and unrewarded service in the Republican party, or had a natural fondness for " jiastures new," and, in the language of the day, they quickly succeeded in making political movements " lively." In the spring of 1871 the Liberal Repub- licans and Democrats of Ohio — and Ohio seems to be the most fertile soil for new ideas — prepared for a fusion, and after fre- quent consultations of the various leaders with Mr. Greeley in New Y'ork, a call was issued from Missouri on the 24th of Janu- ary, 1872, for a National Convention of the Liberal Republican party to be held at Cincinnati, May 1st. The well-matured plans of the leaders were carried out in the nomination of Hon. Horace Greeley for President and B. Gratz Brown for Vice- President, though not without a serious struggle over the chief nomination, which was warmly contested by the friends of Charles Francis Adams. Indeed he led in most of the six ballots, but finally all the friends of other candidates voted for Greeley, and he received 482 to 187 for Adams. Dissatisfaction followed, and a later effort was made to substitute Adams for Greeley, but it failed. The original leaders now prepared to cajjture the Demo- cratic Convention, which met at Baltimore, June 9th. By nearly an unanimous vote it was induced to endorse the Cincinnati platform, and it likewise finally endorsed Greeley and Brown — though not without many bitter protests. A iew straight-out Democrats met later at Louisville. Ky., Sept. 3d, and nominated Charles O'Conor, of New York, for President, and John Quincy Adams, of Massachusetts, for Vice- President, and these were kept in the race to the end, receiving a popular vote of about 30,000. The regular Republican National Con- vention was held at Philadelphia, Juno 5th. It renominated President Grant unanimously, and Henry Wilson, of Mas- 200 AMERICAN POLITICS. [book I. sachusetts, for Vice-President by 364^ votes to 321 2" for Schuyler Colfax, who thus shared the fate of ilannibal Hamlin in his second candidacy for Vice^resident on the ticket with Abraham Lincoln. This change to Wilson was to favor the solid Kepublican States of New England, and to prevent both candidates coming from the West. civil Ser»-lce Reform. After considerable and very able agita- tion by Geo. W. Curtis, the editor of Harper's Weekly, an Act was passed March 3d, 1871, authorizing the President to be- gin a reform in the civil service. He ap- pointed a Commission headed by Mr. Cur- tis, and after more than a year's preparation this body defeated a measure which se- cured Congressional approval and that of President Grant. The civil service law (and it is still a law though more honored now in the breach than the observance) embraced in a single section of the act making appropri- ations for sundry civil expenses for the year ending June 30, 1872, and authorize the President to prescribe such rules and reg- ulations for admission into the civil ser- vice as will best promote the efficiency thereof, and ascertain the fitness of each candidate for the branch of service into which he seeks to enter. Under this law a commission was appointed to draft rules and regulations which were approved and are now being enforced by the President. All applicants for position in any of the government departments come under these rules : — all classes of clerks, copyists, coun- ters ; in the customs service all from deputy collector down to inspectors and clerks with the salaries of §^1200 or more ; in ap- praisers' offices all assistants and clerks ; m the naval service all clerks ; all light- house keepers ; in the revenue, supervisors, collectors, assessors, assistants ; in the pos- tal really all j)nst masters whose pay is over $200, and all mail messengers. The rules apply to all new appointments in the de- partments or grades named, except that nothing shall prevent the reappointment at discretion of the incumbents of any of- fice the term of which is fixed by law." So that a postmaster or other officer escapes their application. Those specially exempt are the Heads of Departments; their immediate assistants and deputies, the diplomatic service, the judiciary, and the district att<^>rney8. Each branch of the service is to be grouped, and admission shall always be to the lowest grade of any grouj>. Such appointments are made for a probationary term of six months, when if the Hoard f>f Exjimiucrs approve the in- cumbent is continued. Tliis Board of Ex- aminers, three in number in each case, shall be chosen by the President from the several Departments, and they shall ex- amine at Washington for any position there, or, when directed by an Advisory Board, shall assign places for examination in the several States. Examinations are in all cases first made of applicants within the office or department, and from the list three reported in the order of excellence ; if those within fail, then outside applicants may be examined. In the Federal Blue Book, which is a part of this volume, we give the Civil Service Rules. W^hen first proposed, partisan politics had no part or place in civil service re- form, and the author of the plan was him- self a distinguished Republican. In fact both parties thought something good had been reached, and there was practically no resistance at first to a trial. The Democrats resisted the passage of this bill with even more earnestness than any which preceded it, but the Republi- can discipline was almost perfect, and when passed it received the prompt ap- proval of President Grant, who by this time was classed as " the most radical of the radicals." Opponents denounced it as little if any less obnoxious than the old Sedition law of 1798, while the Republi- cans claimed that it was to meet a state of growing war in the South — a war of races — and that the form of domestic violence manifested was in the highest degree dan- gerous to the peace of the Union and the safety of the newly enfranchised citizens. The Credit Molilller. At the second session of the 42d Con- gress, beginning Dec. 2, 1872, the speaker (Blaine) on the first day called attention to the charges made by Democratic orators and newspapers during the Presidential campaign just closed, that the Vice Presi- dent (Colfax), the Vice President elect (Wilson), the Secretary of the Treasury, several Senators, the Speaker of the House, and a large number of Representatives had been bribed, during the years 1867 and 1868, by Oakes Ames, a member of the House from ]\Iassachusetts ; that he and his agents had given them presents of stock in a corfioratiou known as the Credit IMobilier, to intluence their legislative ac- tion for the benefit of the Union Pacific Railroad Com pay. Upon Speaker Blaine's motion, a com- mittee of investigation was appointed by Hon, S. S. Cox, of New York, a noted Democrat temporarily called to the Chair. After the close of the campaign, (as was remarked by the Republic Magazine at the time) the dominant party migiit well have claimed, and would have insisted had they been opposed to a a thorough investigation BOOK I.J THE CREDIT MOBILIER. 201 and a full exposure of corriiption, that the verdict of the people in the late canvs.s was sufficient answer to these charges ; but the Republican party not merely granted all the investigations sought, but sum- moned on the leading committee a ma- jority of its political foes to conduct the inquest. The committee consisted of Messrs. Po- land, of Vermont ; McCrear_^, of Iowa ; Banks, of Massachusetts ; Niblack, of Indi- ana, and Merrick, of Maryland. Messrs. Poland and ]\IcOreary — the two Republicans — were gentlemen of ability and standing, well known for their integ- rity, moderation, and im])artiality. Gen- eral Banks waa an earnest sui)])orter of Horace Greeley, upon the alleged ground that the Republican organization had be- come effete and corrupt : while Messrs. Niblack and Merrick are among the ablest representatives of the Democratic party ; in fact, Mr. Merrick belonged to the ex- treme Southern school of political thought. Having patiently and carefully exam- ined and sifted the entire testimony — often " painfully conflicting," as the committee remarked — their report ought to be con- sidered a judicial document commanding universal approval, yet scraps of the testi- mony and not the report itself were used with painful frequency against James A. Garfield in his Presidential canvass of 1880. There has not been a state paper submitted for many years upon a similar subject that carried with it greater weight, or which bore upon its face a fuller reali- zation of the grave responsibilities assumed, and it is the first time in the political his- tory of the United States that an all-im- portant investigation has been entrusted by the dominant party to a majority of its po- litical foes. The report of the committee gives the best and by far the most reliable hist^ory of the whole affair, and its presentation here may aid in preventing partisan misrepre- sentations in the future — misrepresenta- tions made in the heat of contest, and doubtless regretted afterwards by all who had the fiicilities for getting at the facts. We therefore give the OFFICIAL REPORT OF THE CREDIT MO- BILIER INVESTIGATING COMMITTEE. Mr. Poland, from the select committee to investigate the alleged Credit ]\Iobilier briberv, made the following report Febru- ary 18, 1873: The special committee appointed under the following resolutions of the House to wit : Whereas, Accusations have been made in the j)u'olic press, founded on alleged letters of Cakes Ames, a Representative of ]\Iassachusetts, and upon the alleged affi- davits of Henry S. McComb, a citizen of Wilmington, in the State of Delaware, to the effect that members of lliis House were bribed by Cakes Ames to perform certain legishitive acts for the benefit of the Union Pacific Railroad ('omi)any, by presents of stock in the Credit Mobilicr of America, or by presents of a valuable char- acter derived therefrom : therelore, Resolved, That a special committee of five members l^e appointed by the Speaker l)ro tempore, whose duty it shall be to in- vestigate whether any member of tliis House was bribed by Cakes Ames, or any other person or corporation, in any matter touching his legislative duty. Rejoiced, further, That the committee have the right to employ a stenographer, and that they be empowered to send for persons and pajjcrs ; beg leave to make the following report: In order to a clear understanding of the facts hereinafter stated as to contracts and dealings in reference to stock of the Credit Mobilier of America, between Mr. Cakes Ames and others, and members of Con- gress, it is necessary to make a preliminary statement of the connection of that com- pany with the Union Pacific Railroad Com- pany, and their relations to each other. The company called the " Credit Mo- bilier of America " was incorporated by the Legislature of Pennsylvania, and in 1864 control of its charter and franchises had been obtained by certain persons in- terested in the Union Pacific Railroad Company, for the purpose of using it as a construction conipany to build the Union Pacific road. In September, 1864, a con- tract was entered into between the Union Pacific Company and H. M. Hoxie, for the building by said Hoxie of one hundred miles of said road from Omaha west. This contract was at once assigned by Hoxie to the Credit ]\Iol)ilier Company, as it was expected to be when made. Under this contract and extensions of it some two or three hundred miles of road were built by the Credit Mobilier Company, but no considerable profits appear to have been realized therefrom. The enterprise of building a railroad to the Pacific wits of such vast magnitude, and was beset by so many hazards and risks that the capitalists of the countrj' were generally averse to in- vesting in it, and, notwithstanding the lib- eral aid granted by the Government it seemed likelv to fail of completion. In 1865 or 1866, Mr. Cakes Ames, then and now a member of the House from the State of ^Massachusetts, and his brother Oliver Ames became interested in the Union Pacific Company and also in the Credit Mobilier Company as the agents for the construction of the road. The Mes- srs. Ames were men of very large capital, and of known character aner cent, on his money, and that if at any time Mr. Dawes did not want the stock he wr)uld pay back his money with 10 per cent, interest. Mr. Dawes made some fur- ther intiuiry in relation to the stock of Mr. .John B. Alley, who said he thought it was good stock, but not as pood as Mr. Ames thought, but that Mr. Ames's guarantee would make it a perfectly safe investment. ) Mr. Dawes thereupon concluded to pur- chase the ten shares, and on the 11th of January he paid Mr. Ames $800, and in a few days thereafter the balance of the price of this stock, at par and interest from July previous. In June, 1868, Mr. Ames received a dividend of 60 per cent, in money on this stock, and of it paid to Mr. Dawes §400, and applied the balance of S200 upon accounts between them. This $400 was all that was paid over to Mr. Dawes as a dividend upon this stock. At some time prior to December, 1868, Mr. Dawes w'as informed that a suit had been commenced in the courts of Pennsylvania by former owners of the charter of the Credit Mobilier, claiming that those then claiming and using it had no right to do so. Mr. Dawes thereupon informed Mr. Ames that as there was a litigation about the matter he did not desire to keep the stock. On the 9th of December, 1868, Mr. Ames and Mr. Dawes had a settlement of their matters in which Mr. Dawes w^as al- lowed for the money he paid for the stock with 10 per cent, interest upon it, and ac- counted to Mr. Ames for the $400 he had received as a dividend. Mr. Dawes re- ceived no other benefit under the contract than to get 10 per cent, upon his money, and after the settlement had no further in- terest in the stock. MR. GLENNI "W. SCOFIELD, OF PENN- SYLVANIA. In 1866 Mr. Scofield purchased some Cedar Rapids bonds of Mr. Ames, and in that year they had conversations about Mr. Scofield taking stock in the Credit Mobilier Company, but no contract was consummated. In December, 1867, Mr. Scofield applied to Mr. Ames to purchase more Cedar Rapids bonds, when Mr. Ames suggested he should purchase some Credit Mobilier stock, and explained generally that it was a contracting company to build the Union Pacific road ; that it was a Pennsylvania cor^joration, and he would like to have some Pcnnsylvanians in it; that he would sell it to him at par and in- terest, and that he would guarantee he should get 8 per cent, if Mr. Scofield would give him half the dividends above that. Mr. Scofield said he thought he would take $1,000 of the stock; but before any- thing further was done jNIr. Scofield was called home by sickness in his family. On his return, the latter jjart of January, 1868, he spoke to Mr. Ames about the stock, when Mr. Ames said he thought it was all sold, but he would take his money and give him a receipt, and get the stock for him if he could. Mr. Scofield there- upon paid Mr. Ames $1,041, and took his receipt therefor. Not long after Mr. Ames informed Mr. Scofield he could have the stock, but could BOOK I.] THE CREDIT MOBILIER. 205 not give him a certificate for it until he could get a larger certificate dividend. Mr. Scofield received the bond dividend of 80 per cent., which was paval)le Januarv 'd, 18G8, taking a bond for $1,0(»<) and paying Mr. Ame3 the dilference. Mr. Ames re- ceived the 60 per cent. ca.sh dividend on the .stock in June, 1SG8, and paid over to Mr. Scofield ${]()0, the amount of it. Before the close of that .session of Con- gress, which was toward the end of July, Mr. Scofield became, for some reason, dis- inclined to take the .stock, and a settlement was made between them, l)y which Mr. Ames was to retain the (!redit Mobiller stock and Mr. Scofield took a thousand dollars Union Pacific bond and ten shax'es of Union Pacific stock. The precise basis of the settlement does not appear, neither Mr. Ames nor Mr. Scofield having any full date in reference to it ; Mr. Scofield thinks that he only re- ceived back his money and interest upon it, while Mr. Ames states that he thinks Mr. Scofield had ten shares of Union Pacific stock in addition. The committee do not deem it specially important to settle this difference of recollection. Since that settlement Mr. Scofield has had no interest in the Credit Mobilier stock and derived no benefit therefrom. MR. JOHN A. BINGHAM, OF OHIO. In December, 1867, Mr. Ames advised Mr. Bingham to invest in the stock of the Credit Mobilier, assuring him that it would return him his money with profitable divi- dends. Mr. Bingham agreed to take twenty shares, and about the 1st of Febru- ary, 1868, paid to Mr. Ames the par value of the stock, for which Mr. Ames executed to him some receipt or agreement. Mr. Ames received all the dividends on the stock, whether in Union Pacific bonds, or stock, or money; some were delivered to Mr. Bingham and some retained by Mr. Ames. The matter was not finally ad- justed between them until February, 1872, when it was settled, IMr. Ames retaining the twenty shares of Credit Mobilier stock, and accounting to Mr. Bingham for such dividends upon it as Mr. Bingham had not already received. Mr. Bingham was treated as the real owner of the stock from the time of the agreement to take it, in December, 1867, to the settlement in Feb- ruary, 1872, and had the benefit of all the dividends upon it. Neither Mr. Ames nor Mr. Bingham had such records of their dealing as to be able to give the precise amount of those dividends. MR. WILLIAM D. KELLEY, OF PENNSYL- VANIA. The committee find from the evidence that in the early part of the second session of the Fortieth Congress, and probably in December, 1867, Mr. Ames agreed with Mr. Kelley to sell him ten shares of Credit Mobilier stock at par and interest from July 1, 1867. Mr. Kelley was not then prepared to pay i'or the stock, and i\Ir. Ames agiced to carry the stock for him until he could pay for it. On the third day of January, 1868, there was a dividend of 80 per cent, on Credit Mobilier stock in Union Pacific bonds. Mr. Ames received the bonds, as the stock stood in his name, and sold them for 97 per cent, of their face. In .June, 1868, there wiis a cash dividend of 60 per cent., which Mr. Ames also re- ceived. The jjroceeds of the bonds sold, and the cash dividends received by Mr. Ames, amounted to $1,376. The par value of the stock and interest thereon from the previous July amounted to $1,047 ; so that, after paying for the stock, there was a balance of dividends due Mr. Kelley of $329. On the 23d day of June, 1868, Mr. Ames gave Mr, Kelley a check for that sum on the Sergeant-at-Arms of the House of Representatives, and Mr. Kelley re- ceived the money thereon. The committee find that Mr. Kelley then understood that the money he thus re- ceived was a balance of dividends due him after paying for the stock. All the subsequent dividends upon the stock were either in Union Pacific stock or bonds, and thev were all received by Mr. Ames. In 'September, 1868, Mr. Kelley received from Mr. Ames 8750 in money, which was understood between them to be an advance to be paid out of dividends. There has never been any ad- justment of the matter between them, and there is now an entire variance in the tes- timony of the two men as to what the transaction between them Avas, but the committee are unanimous in finding the facts above stated. The evidence rei)orted to the House gives some suljsecjuent con- versations and negotiations between i\Ir. Kelley and Mr. Ames on this subject.^ The committee do not deem it material to refer to it in their report. MR. JAMES A. GARFIELD, OF OHIO. The facts in regard to Mr. Garfield, as found by the committee, are identical with the case of Mr. Kelley to the point of re- ception of the check for $329. He agreed with Mr. Ames to take ten shares of Credit Mobilier stock, but diil not pay for the same. IMr. Ames received the 80 per cent, dividend in bonds and sold them for 97 per cent., and also received the 60 per cent, cash dividend, which together paid the price of the stock and interest, and left a balance of .$329. This sum was paid over to Mr. Garfield by a check on the Scrgeant- at-Arms, and jMr. Garfield then understood this sum was the balance of dividends after paying for the stock. Mr. Ames received 206 AMERICAN POLITICS. [book I. all the subsequent dividends, and the com- mittee do not find that, since the payment of the S329, there has been any communi- cation between 'Mi: Ames and Mr. Garfield on the subject until this investigation be- gan. Some correspondence beti\-een Mr. Garfield and Mr. Ames, and some conver- sations between them during this investi- gation, will be found in the -reported testi- mony. The committee do not find that Mr. Ames, in his negotiations with the persons above named, entered into any detail of the relations between the Credit Mobilier Company and the Union Pacific Company, or gave them any specific information as to the amount of dividends they would be likely to receive further than has been al- ready stated. They all knew from him, or otherwise, that the Credit Mobilier was a contracting company to build the Union Pacific road, but it does not appear that any of them knew that the i:irofits and dividends were to be in stock and bonds of that company. The Credit Mobilier Company was a State corporation, not subject to congres- sional legislation, and the fact that its pro- fits were expected to be derived from building the Union Pacific road did not, apparently, create such an interest in that company as to disqualify the holder of Credit Mobilier stock from participating in any legislation affecting the railroad company. In his negotiations with these members of Congress, Mr. Ames made no suggestion that he desired to secure their favorable influence in Congress in favor of the railroad company, and whenever the question was raised as to whether the ownersliip of this stock would in any way interfere with or embarrass them in their action as members of Congress, he assured them it woidd not. The committee, therefore, do not find, as to the members of the present House above named, that they were aware of the object of ;Mr. Ames, or that they had any other purpose in taking this stock than to make a profitable investment. It is appa- rent that those who advanced their money to pay for their stock present more the ap- pearance of ordinary investors than those who did not, but the committee do not feel at liberty to find any corrupt purpose or knowledge; founded upon the fact of non- payment alone. It ought also to be observed that those gentlemen who surrendered their stock to Mr. Ames beff>re there was any jtublic ex- oitcuu'nt upon the subject, do not profess to have done so upon any idea of im])ro- priety in holding it, but for reasons aflect- ing the value and security of the invest- ment. But the committee believe that they must have felt that there was some- thing 80 out of the ordinary course of business in the extraordinary dividends they were receiving as to render the in- vestment itself suspicious, and that this was one of the motives of their action. The committee have not been able to find that any of these members of Congress have been affected in their official action in consequence of their interest in Credit Mobilier stock. It has been suggested that the fact that none of this stock was transferred to those with whom Mr. Ames contracted was a circumstance from which a sense of impro- priety, if not corruption, was to be infer- red. The committee believe this is capable of explanation without such inference. The profits of building the road, under the Ames contract, were only to be divided among such holders of Credit Mobilier stock as should come in and become par- ties to certain conditions set out in the contract of transfer to the trustees, so that a transfer from Mr. Ames to new holders would cut oft' the right to dividends fi-om the trustees, unless they also became par- tics to the agreement ; and this the com- mittee believe to be the true reason why no transfers were made. The committee are also of opinion that there was a satisfactory reason for delay on Mr. Ames's part to close settlements with some of these gentlemen for stock and bonds he had received as dividends upon the stock contracted to them. In the fall of 18G8 Mr. McComb commenced a suit against the Credit Mobilier Company, and Mr. Ames and others, claiming to be entitled to two hundred and fifty shares of the Credit Mobilier stock upon a sub- scription for stock to that amount. That suit is still pending. If McComb pre- vailed in that suit, ]\Ir. Ames might be compelled to surrender so much of the stock assigned to him as trustee, and he was not therefore anxiotis to have the stock go otit of his hands until that suit was terminated. It ought also to be stated that no one of the i)resent members of the House above named appears to have had any knowledge of the dealings of Mr. Ames with other members. The committee do not find that either of the above-named gentlemen, in contract- ing with Mr. Ames, had any corrupt mo- tive or ])urpose himself, or was aware that Mr. Ames had any, nor did either of them suppose he was guilty of any impropriety or even indelicacy in becomijig a purchaser of this stock. Had it appeared that these gentlemen were aware of the enormous di- vidends upon this stock, and how they were to be earned, we could not thus ac- (juit them. And here as well as anywhere, the committee may allude to that subject. Congress had chartered the Union Pacific road, given to it a lil)eral grant of lands, and promised a liberal loan of Government »00E I.] THE CREDIT MOBILIER. 207 bonds, to be delivered as fast as sections of the road were completed. As tlicse alone might not be sufficient to complete the road, Congress authorized the comj)any to issue their own bonds for the deficit, and secured them by a mortgage upon the road, which should be a lien prior to that of the Government. Congress never intended that the owners of the road should execute a mortgage on the road prior to that of the Government, to raise money to put into their own pocketa, but only to build the road. The men who controlled the Union Pacific seem to have adopted as the basis of their action the right to incumber the road by a mortgage prior to that of the Government to the full extent, whether the money was needed for the construction of the road or not. It was clear enough they could not do this directly and in terms, and therefore they resorted to the device of contracting with themselves to build the road, and fix a price high enough to require the issue of bonds to the full extent, and then divide the bonds or the proceeds of them under the name of profits on the contract. All those acting in the matter seem to have been fully aware of this, and that this was to be tiie ellect of the transaction. The sudden rise of value of Credit Mobilier stock was the result of the adoption of this scheme. Any undue and unreasonable profits thus made by themselves were as much a fraud upon the Government as if they had sold their bonds and divided the money without going through the form of denominating them profits on building the road. Now had these facts been known to these gentlemen, and had they understood they were to share in the proceeds of the scheme, they would have deserved the eeverest censure. Had they known only that the profits were to be paid in stock and bonds of the Union Pacific Company, and so make them interested in it, we cannot agree to the doctrine, which has been urged before u«; and elsewhere, that it was perfectly legiti- mate for members of Congress to invest in a corporation deriving all its rights from and subject at all times to the action of Congress. In such case the rules of the House, as well as the rules of decency, would require such member to abstain from voting on any question affecting his interest. But, after accepting the position of a member of Congress, we do not think he has the right to disqualify himself from acting upon subjects likely to come before Con- gress without some higher and more urgent motive than merely to make a profitable investment. But it is not so much to be feared that in such case an interested mem- ber would vote as that he would exercise his influence by personal appeal to his fel- low-members, and by other modes, which often is fur moi'e potent than ;i single silent vote. We do not think any member ought to feci so confident of his own strength as to allow hiuLself to be brought into this temp- tation. \V^e think Mr. Ames judged shrewdlj' in saying that a man is much more likely to be watchful of his own in- terests than those of other people. But there is a broader view still which we think ought to be taken. This country is fa.st becoming filled with gigantic cor]>orations, wiehling and controlling immense aggrega- tions of money, and thereby commanding great influence and power. It is notorious in many State legislatures that these in- fluences are often controlling, so that in effect they become the ruling ])ower of the State. Within a few years Congress has, to some extent, been brought within similar influences, and the knowledge of the pub- lic on that subject has brought great dis- ci edit upon the body, far more, we believe, than there were facts to justify. But such is the tendency of the time, and the belief is far too general that all men can be ruled with money, and that the use of such means to carry public measures is legitimate and proper. No member of Con- gress ought to place himself in circum- stances of suspicion, so that any discredit of the body shall arise on his account. It is of the highest importance that the na- tional legislature should be free of all taint of corruption, and it is of almost equal necessity that the people should feel confi- dent that it is so. In a free government like ours, we can- not expect the people will long respect the laws, if they lose respect for the law- makers. For these reasons we think it behooves every man in Congress or in any jniblic position to hold himself aloof, as far as l)0ssible, from all such influences, that he may not only be enabled to look at every public question with an eye only to the jjublic good, but that his conduct and mo- tives be not suspected or questioned. The only criticism the committee feel compelled to make on the action of these members in taking this stock is that they were not suf- ficiently careful in ascertaining what they were getting, and that in their judgment the assurance of a good investment was all the assurance they needed. We commend to them, and to all men, the letter of the venerable Senator Bayard, in response to an otter of some of this stock, Ibund on page 74 of the testimony. The committee find nothing in the con- duct or motives of either of these members in taking this stock, that calls for any recommendation by the committee of the House. 208 AMERICAN POLITICS. [book I. MR. JAMES BROOKS, OF XEW YORK. The case of Mr. Brooks stands upon a different state of facts from any of those al- ready given. The committee find from the evidence as follows : Mr. Brooks had been a warm advocate of a Pacific Railroad, both in Congress and in the public press. After persons interested in the Union Pacific road had obtained control of the Credit Mobilier charter and organized under it for the purpose of making it a construction company to build the road, Dr. Durant, who was then the leading man in the en- terprise, made great eflbrts to get the stock of the Credit Mobilier taken. Mr. Brooks was a friend of Dr. Durant, and he made some efforts to aid Dr. Durant in getting subscrij^tions for the stock, introduced the matter to some capitalists of New York, but his efforts were not crowned with suc- cess. During this period Mr. Brooks had talked with Dr. Durant about taking some of the stock for himself, and had spoken of taking fifteen or twenty thousand dollars of it, but no definite contract was made between them, and Mr. Brooks was under no legal obligation to take the stock, or Durant to give it to him. In October, 1867, Mr. Brooks was appointed by the President one of the Government directors of the Union Pacific road. In December, 1867, after the stock of the Credit Mobilier was understood, by those familiar with the aflairs between the Union Pacific and the Credit IMibilier, to be worth very much more than par, Mr. Brooks applied to Dr. Durant, and claimed that he should have two hundred shares of Credit Mobilier stock. It does not appear that Mr. Brooks claimed he had any legal contract for stock that he could enforce, or tliat Durant considered himself in any way legally bound to let him have any, but still, on account of what had been said, and the eflbrts of Mr. Brooks to aid him, he con- sidered himself under obligations to satisfy Mr. Brooks in the matter. The stock hail been so far taken up, and was then in such demand, that Durant could not well comply with Brooks's de- mand for two liundrcd shares. After con- 8ideral)le negotiation, it was finally ad- justed between them by Durant's agreeing to let Brooks liave one hundred shares of Credit ]\Iobiiicr stock, and giving him with it $0,000 of Union Pacific bonds, and $20,- 000 of Union Pacific stock. Dr. Durant t(!stifieH that he then considered Credit Mobilier stock worth double the ])ar value, and tliat tlie bonds and stock he was to give Mr. I'.rooile jurisdiction to punish or expel a member for an offense comuiitLcd durlug his term as u member, though committed during a vacation of Congress and in no way connected with his duties as a member. Upon what prin- ciple is it that such a jurisdiction can be maintained ? It must be upon one or both of the following : that the oflense shows him to be an unworthy and improjier man to be a member, or that his conduct brings odium and reproach upon the body. But suppose the oflense has been committed prior to his election, but comes to light afterward, is the effect upon his own character, or the reproach and disgrace upon the body, if they allow him to remain a member, any the less? We can see no difference in principle in the two cases, and to attempt any wottld be to create a purely technical and arbitrary distinction, having no just foundation. In our judgment, the time is not at all material, except it be cotipled with the further fact that he was re-elected with a knowledge on the part of his constituents of what he had been guilty, and in such event we have given our views of the effect. It seems to us absurd to say that an elec- tion has given a man political absolution for an offense which was unknown to his constituents. If it be urged again, as it has sometimes been, that this view of the power of the House, and the true ground of its proper exercise, may be laid hold of and used improperly, it may be answered that no rule, however narrow and limited, that may be adopted can prevent it. If two-thirds of the House shall see fit to ex- pel a man because they do not like his political or religious principles, or without any reason at all, they have the power, and there is no remedy except by appeal to the people. Stich exercise of the power wottld be wrongful, and violative of the princi- ]>les of the Constitution, but we see no encottragement of such wrong in the views we hold. It is the duty of each House to exercise its rightful functions upon appropriate oc- casions, and to trust that those who come after them will be no less faithfiil to duty, and no less jealous for the rights of free popular representation than themselves. It will be quite time enough to square other cases with right reason and principle when they arise. Perhaps the best way to prevent them will be to maititain strictly public integrity and ptiblic honor in all cases as they present themselves. Nor do we imagine that the peo])le of the United States will charge their servants with in- vading their privileges when they confine themselves to the jjreservation of a stand- ard of official integrity which the common instincts of humanity recognize as essen- tial to all social order and good govern- nient. The foregoing are tlie views which we deem proper to submit upou the general BOOK I.] THE CREDIT MOBILIER. 213 qiie.stion of the jurisdiction of the House over its members. But apart from these general views, the committee are of opin- ion tliat the facts found in tlie present case amply justify tlie taking jurisdiction over them, for the following reasons: The subject-matter upon which the ac- tion of memliers was intended to be influ- enced was of a continuous character, and was as likely to be a subject of congres- sional action in future Congresses as in the Fortieth. The influences brought to bear on members were as likely to be operative upon them in the future as in the present, and were so intended. Mr. Ames and Mr. Brooks have both continued members of the House to the present time, and so have most of tlie members upon whom these in- fluences were sought to be exerted. The connnittee are, therefore, of opinion that the acts of these men may properly be treated as offenses against the present House, and so within its jurisdiction upon the most limited rule. Two members of the committee, Messrs. Niblack and McCrary, prefer to express no opinion on the general jurisdictional questions discus.sed in the report, and rest their judgment wholly on the ground last stated. In relation to Mr. Ames, he sold to sev- eral members of Congress stock of the Credit Mobilier Company, at par, when it "was worth double that amount or more, with the purpose and intent thereby to in- fluence their votes and decisions upon matters to come before Congress. The facts found in the report as to Mr. Brooks, show that he used the influence of his official i)ositions as member of Congress and Government director in the Union Pacific Railroad Company, to get fifty shares of the stock of the Credit Mobilier Company, at par, when it was worth three or four times that sum, knowing that it was given to him with intent to influence his votes and decisions in Congress, and his action as a Government director. The sixth section of the act of Februarv 26, 1853, 10 Stat. United States, 171, is in the following words: " If any person or persons shall, directly or indirectly, promise, offer, or give, or cause or procure to be promised, offered, or given, any money, goods, right in action, bribe, present, or reward, or any promise, contract, undertaking, obligation, or se- curity for the payment or delivery of any money, goods, right in action, bribe, pres- ent, or reward, or any other valuable thing whatever, to any member of the Senate or House of Representatives of the United States, after his election as such member, and either before or after he shall have qualified and taken his seat, or to any offi- cer of the United States, or person holding any place of trust or profit, or discharging any official function under or in connec- tion with any Department of the Govern- ment of the United States, or under the Senate or House of Representatives of the United States, after the jiassage of this act, with intent to influence his vote or de- cision on any question, matter, cause, or proceeding which may then be pending, or may by law, or under the Constitution of the United States, be brought before him in his official capacity, or in his place of trust or profit, and shall thereof be con- victed, such person or persons so offering, promising, or giving, or causing or pro- curing to be promised, offered, or given, any such money, goods, right in action, bribe, present, or reward, or any promise, contract, undertaking, obligation, or se- curity for the payment or delivery of any money, goods, right in action, bribe, pres- ent, or reward, or other valuable thing whatever, and the member, officer, or per- son who shall in anywise acceptor receive the same, or any part thereof, shall be liable to indictment as for a high crime and misdemeanor in any of the courts of the United States having jurisdiction for the trial of crimes and misdemeanors ; and shall, upon conviction thereof, be fined not exceeding three times the amount so offered, promised, or given, and imprisoned in the penitentiary not exceeding three years ; and the person so convicted of so accepting or receiving the same, or any part thereof, if an officer or person holding any such place of trust or profit as afore- said, shall forfeit his office or place ; and any person so convicted under this section shall forever be disqualified to hold any office of honor, trust, or profit under the United States." In the judgment of the committee, the facts reported in regard to Mr. Ames and Mr. Brooks would have justified their con- viction under the above-recited statute and subjected them to the penalties therein provided. The committee need not enlarge upon the dangerous character of these offenses. The sense of Congress is shown by the severe penalty denounced by the statute itself The offenses were not violations of private rights, but were against the very life of a constitutional Government by poisoning the fountain of legislation. The duty devolved upon the committee has "been of a most painful and delicate character. They have performed it to the best of their ability. They have proceeded with the greatest care and deliberation, for while they desired to do their full duty to the Plouse and the country, they were most anxious not to do injustice to any man. In forming their conclusions they have intended to be entirely cool and dis- passionate, not to allow themselves to be swerved by any popular fervor on the one 214 ■ AMERICAN POLITICS. [book I. hand, or anv feeling of personal favor and sympathy on the other. The committee submit to the House and recommend the adoption of the following resolutions. "1. Whereas Mr. Oakes Ames, a Eepre- sentative in this House from the State of Massachusetts, has been guilty of selling to members of Congress shares of stock in the Credit ]Mobilicr of America, for prices much below the true value of such stock, •with intent thereby to influence the votes and decisions of such members in matters to be brought before Congress for action : Therefore, Resolved, That Mr. Oakes Ames be, and he is hereby, expelled from his seat as a member of this House. 2. Whereas Mr. James Brooks, a Repre- sentative in this House from the State of New York, did procure the Credit Mo- bilier Company to issue and deliver to Charles H. Neilson, for the use and bene- fit of said Brooks, fifty shares of the stock of said company, at a price much below its real value, well knowing that the same was so issued and delivered with intent to influence the votes and decisions of said Brooks, as a member of the House, in mat- ters to be brought before Congress for ac- tion, and also to influence the action of said Brooks as a Government director in the Union Pacific Railroad Company: Therefore, Resolved, That Mr. James Brooks be, and he is hereby, expelled from his seat as a member of this House." The House, after much discussion, modi- fied the propositions of the committee of investigation, and subjected Oakes Ames and James Brooks to the " absolute con- demnation of the House." Both members died within three months thereafter. The session was full of investigations, but all the others failed to develop any tangible scandals. Tlie Democrats de- manded and secured the investigation of the New York custom-house; the United States Treasury ; the use of Seneca sand- stone; the Chorpenning claim, and the Navy Dei)artment, etc. They were, as stated, fruitless. The " Salary Gral>." At the same session — 1871-73, acts were passed toabolisli the franking privilege, to increase tlic President's saliiry from $25- 000 to $50,000, and that of Senators and Ref)rescntatives from !?5,000 (o $7,500. The last proved quite ui\popular, and was gene- rally denounced as " The Salary Grab," because of the feature which made it a])- f)ly to the Congressmen who passed the )iil, and of course to go backward to the ])cginning of the term. This was not new, as earlier precedents were found to excuse it, but the people were neverthe- less dissatisfied, and it was made an issue by both parties in the nomination and election of Representatives. Many were defeated, but probably more survived the issue, and are still enjoying public life. Yet the agitation was kept up until the obnoxious feature of the bill and the Con- gressional increase of salary were repealed, leaving it as now at the rate of $5,000 a year and mileage. A House committee, headed by B. F. Butler, on Feb. 7th, 1873, made a report which gave a fair idea of the expenses un- der given circumstances — the increase to be preserved, but the franking privilege and mileage to be repealed. We quote the figures: Increase of President's salary $25,000 00 Increase of Cabinet ministers' salary 14,000 00 Increase of salary of judges United States Supreme Court 18,500 00 Increase of salary of Senators, Members, and Delegates... 972,000 00 Total increase $1,029,500 00 Saving to the Government, ac- cording to the official state- ment of the Postmaster- General, per annum, by the abolition of the franking privilege $2,543,327 72 Saving to the Government by abolition of mileage, sta- tionery, postage, and news- paper accounts (estimated) 200 000 00 $2,753,327 72 1,029,500 00 Total net saving $1,713,827 72 The House passed a bill for the aboli- tion of mileage, but in the Senate it was referred to the Committee on Civil Service and Retrenchment, and not again heard from. So that the increased pay no longer obtains, the franking ]irivilege only to the extent of mailing actual Congressional documents, and mileage remains. The following curious facts relating to these questions we take from Hon. Edward McPherson's admirable conn)ilatiou in his " Hand-Book of Politics " for 1874. statement of CompensatloMi and mileage. Dniini hy U. S. Senators inidrr the variotis (hnipensiition Acts. Mr. Gorham, Secretarj' of the Senate, ])rcpared, under date of January 3, 1874. a statement, in answer to a resolution of the Senate, covering these points : BOOK I.] COMPENSATION AND MILEAGE, 215 I. — The several rates of compensation fixed by various laws, and the cases in which the same mere retroactive, and for what length of time. 1. By the act of September 22, 1789, the compensation of Senators and Ueprcsenta- tives in Congress was fixed at six dollars a day, and thirty cents a mile lor traveling to and from the seat of Governinent. This rate was to continue until March 4, 1795. The same act fixed the compensation from March 4, 179o, to March 4, 179G, (at which last-named date, by its terms, it ex- ])ired,) at seven dollars a day, and thirty- five cents a mile for travel. This act was retroactive, extending back six months and eighteen days, namely, to March 4, 1789. 2. The act of March 10, 1796, fixed the compensation at six dollars a day, and thirty cents a mile for travel. (This act extended back over six davs only.) 3. The act of ]\Iarch 19" ISIG,' fixed the compensation at$l,r)00 a year, "instead of the daily compensation," and left the mile- age unchanged. This act was retroactive, extending back one year and fifteen days, namely to March 4,' 1815. (This act was repealed by the act of February 6, 1817, but it was expressly declared that no former act was thereby revived.) 4. The act of January 22, 1818, fixed the compensation at eight dollars a day, and forty cents a mile for travel. This act was retroactive, extending back fifty-three days, namely, to the assembling of Congress, December 1, 1817. 5. The act of August 16, 1856, fixed the coiupensation at .$3,000 a year, and left the mileage unchanged. This act was reti'oac- tive, extending back one year, five months, and twelve days, namelv, to ]\Iarch 4, 1855. 6. The act'of July "28, 1866, fixed the compensation at $5,000 a year, and twenty cents a mile for travel, (mjt to affect mile- age accounts already accrued.) This act was retroactive, extending back one year, four months, ar.d twenty-four days, namely, to March 4, 1865. 7. The act of March 3, 1873, fixed the compensation at $7,500 a year, and actual traveling expenses; the mileage already ]niid for the Forty-Second Congress to be deducted from the pay of those who had received it. This act was retroactive, ex- tending back two years, namely, to March 4, 1871. Note. — Stationery was allowed to Sena- tors and Representatives without any special limit until March 3, 1868, when the amount for stationery and newspapers for each Senator and Member was limited to $125 a session. This was changed by a subsequent act, taking efi'ect July 1, 1869, to $125 a year. The act of 1873 abolished all allowance for stationery and news- papers. II. — Names of Senators who drew j)a>j U7i- der the retroactive provisions of the several laws, amounts drawn, and dates of same. Act of 1789. — The records of my office do not furnish the exact information de- sired under this head concerning the First Congress, the compensation of which was fixed by act of September 22, 1789. It appears, however, that the account of each Senator was made up, and that each re- ceived the amount allowed by law. The following is a copy from the record : January 19, 1790. — That there is due to the Senators of the United States fur attendance in Congress the present session, to the 31st of March inclusive, and ex- penses of travel to Congress , as allowed by law, as follows, to wit : Messrs. Richard Basset, $496.50 ; Pierce Butler, $796; Charles Carroll, $186; Tristram Dalton, $612; Oliver Ellsworth, $546.50; Jonathan Elmer, $414 ; William Few, $833.50 ; John Henry, $596.50 ; Ben- jamin Hawkins, $615 ; William S. John- son, $544 ; Samuel Johnson, $534 ; Rufus King, $.522 ; John Langdon, $618 ; William Maclay, $585; Robert Morris, $430.50; William Paterson, $514.50 ; George Read, $195; Caleb Strong, $575.50; Philip Schuyler, $571.50 ; PaineWingate, $616.50. Act of 1816. — The record contains no showing as to the amount paid to Senators under the retroactive provision of the act of March 19,1816. The following, taken from the books, shows the amount of com- pensation paid to each Senator for the en- tire Congress, exclusive of mileage : Messrs. Eli P. Ashmun, $920; James Barbour, $2,850 ; William T. Barrv, $2,080; William W. Bibb, $2,070 ; James Brown, $2,980 ; George W. Campbell, $2,950 ; Dud- ley Chace, .$3,000 ; John Condit, $2,980 ; David Daggett, $3,000 ; Samuel W. Dana, $2,640 ; Elegius Fromentin, $3,000 ; John Gaillard, President, $6,000; Robert H. Goldsborough, $2,840 ; Christopher Gore, $1,940; Alexander Contee Hanson, $530; Martin D. Plardin, $900 ; Robert G. Har- per, $1,450 ; Outerbridge Horsev, $3,000 ; Jeremiah B. Howell,^ $3,000;' William Hunter, $2,930; Rufus King, $2,660; Abner Lacock, $3,000 ; Nathaniel Macon, $2,946 ; Jeremiah .Mason of New Hamp- shire, $2,680 ; Armistead T. ]\Iason of Vir- ginia, $2,360 ; Jeremiah Morrow, $3,0(>0 ; James Noble, $920; Jonathan Roberts, $3,000 ; Benjamin Rugglcs, .$3,000 ; Nathan Sanford, $2,720; William Smith, $540; Montfort Stokes, $ described. 1 am now engaged in compiling evidence for a BOOK I.] THE WHITE LEAGUE. 225 detailed report upon the above subject, but it will be some time before I can obtain all the requisite data to cover the cases that have occurred throughout the State. I will also report in due time upon the same subject in the States of Arkansas and Mis- sissippi. P. H. SlIEKIDAX, Lieutenant- (Jeneral. President Grant said in a special mes- sage to Congress, January 13, 1875: — " It has been bitterly and persistently alleged that Kellogg was not elected. Whether he was or not is not altogether certain, nor is it auy more certain that his competitor, McEnery, was i-hosen. The election was a gigantic fraud, and there are no reliable returns of its result. Kellogg obtained possession of the office, and in my opinion has more right to it than his competitor. " On the 20th of February, 1873, the Committee on Privileges and Elections of the Senate made a report, in which they say they were satisfied by testimony that the manipulation of the election machinery by Warraoth and others was equivalent to twenty thousand votes ; and they add, to recognize the McEnery government 'would be recognizing a government based upon fraud, in defiance of the wishes and intention of the voters of the State.' As- suming the correctness of the statements in this report, (and they seem to have been generally accepted by the country,) the great crime in Louisiana, about which so much has been said, is, that one is holding the office of governor who was cheated out of twenty thousand votes, against another whose title to the office is undoubtedly based on fraud, and in defiance of the wishes and intentions of the voters of the State. " Misinformed and misjudging as to the nature and extent of this report, the sup- Eorters of McEnery proceeded to displace y force in some counties of the State the appointees of Governor Kellogg; and on the 13th of April, in an effort of that kind, a butchery of citizens was committed at Colfax, which in blood-thirstiness and bar- barity is hardly surpassed by any acts of savage warfare. " To put this matter beyond controversy, I quote from the charge of Judge Woods, of the United States circuit court, to the jury in the case of the United States vs. Cruikshank and others, in Xew Orleans, in March, 1874. He said : " ' In the case on trial there are many facts not in controversy. I proceed to state some of them in the presence and hearing of counsel on both sides; and if I state as a conceded fact any matter that is disputed, they can correct me.' " After stating the origin of the diffi- 15 culty, which grew out of an attempt of white persons to drive the parish judge and sheriff", appointees of Kellogg, from otfice, and their attempted protection ])y colored persons, which led to some fight- ing in which quite a number of negroes were killed, the judge states: "' Most of those who were not killed were taken prisoners. Fifteen or sixteen of the blacks had lifted the boards and taken refuge under the floor of the court- house. They were all captured. About thirty -seven men were taken prisoners ; the number is not definitely fixed. They were kept under guard until dark. They were led out, two by two, and shot. Most of the men were shot to death. A few were wounded, not mortally, and by pre- tending to be dead were afterward, during the night, able to make their escape. Among them was the Levi Nelson named in the indictment. " ' The dead bodies of the negroes killed in this affair were left unburicd until Tues- day, April 15, when they were buried by a deputy marshal and an officer of the militia from New Orleans. These persons found fifty-nine dead bodies. They show- ed pistol-shot wounds, the great majority in the head, and most of them in the back of the head. In addition to the fifty-nine dead bodies found, some charred remains of dead bodies were discovered near the court-house. Six dead bodies were found under a warehouse, all shot in the head but one or two, which were shot in the breast. "' The only white men injured from the beginning of these troubles to their close were Hadnot and Harris. The court- house and its contents were entirely con- sumed. " ' There is no evidence that any one in the crowd of whites bore any lawful war- rant for the arrest of any of the blacks. There is no evidence that either Nash or Cazabat, after the affiiir, ever demanded their offices, to which they had set up claim, but Register continued to act as parish judge, and Shaw as Sheriff " ' These are facts in this case, as I under- stand them to be admitted.' " To hold the people of Louisiana gen- erally responsible for these atrocities would not be just ; but it is a lamentable fact that insuperable obstructions were thrown in the way of punishing these murderers, and the so-called conservative papers of the State not only justified the massacre, but denounced as Federal tyranny and despot- ism the attempt of the "United States offi- cers to bring them to justice. Fierce de- nunciations ring through the country about office-holding and election matters- in Louisiana, while ever}- one of the Colfax miscreants goes unwhipped of justice, anif no way can be found in this boasted laud 226 AMERICAN POLITICS. [book I. of civilization and C'hristianity to punish the perpetrators of this bloody and mon- strous crime. " Xot unlike this was the massacre in August last. Several northern young men of capital and enterprise had started the little and flourishing town of Coushatta. Some of them were republicans and office- holders under Kellogg. They were there- fore doomed to death. Six of them were seized and carried away from their homes and murdered in cold blood. No one has been punished; and the conservative press of the State denounced all efforts to that end, and boldly justified the crime." The House on the 1st of March, 1875, by a strict party vote, 155 Republicans to 86 Democrats, recognized the Kellogg gov- ernment. The Senate did the same on March 5th, by 33 to 23, also a party vote. Under the influence of the resolution unanimously adopted by the House of Representatives of the United States, recommending that the House of Repre- sentatives of that State seat the persons rightfully entitled thereto from certain districts, the whole subject was, by consent of parties, referred to the Special Commit- tee of the House who examined into Louisiana affairs, viz. : Messrs. George F. Hoar, William A. Wheeler, William P. Frj-e, Charles Foster, William Walter Pheli)S, Clarkson N. Potter and Samuel S. Marshall, who, after careful examination, made an award, which was adopted by the Legislature in April, 1875. It is popularly known as the " Wheeler Compromise." Text of the "Wlieeler Compromise. New Orleans, March, 1875. Whereas, It is desirable to adjust the difficulties growing out of the general elec- tion in this State, in 1872, the action of the Returning Board in declaring and pro- mulgating the results of the general elec- tion, in the month of November last, and the organization of the House of Repre- sentatives, on the 4th day of January last, such adjustment being deemed necessary to the rc-establishmcnt of peace and order in tliis State. Now, therefore, the undersigned mem- bers of the Conservative i)arty, claiming to have been elected members of the House of Representatives, and that their certifi- cates of election have been illegally with- held by the Returning Roard, hereby severally agree to submit their claims to seats in the House of Re[)resentative3 to the award and arl)itrani(nt of (Jeorge F. Hoar, William A. Whc.-lcr, William P. Frye, Cliarles Foster, William Walter Phelps, (Jlarkson N. Potter, and Samuel S. Marshall, who are hereby authorized to examine and determine the same upon the equities of the several ca.scs; and when such awards shall be made, we hereby severally agree to abide by the same : And such of us as may become members of the House of Representatives, under this arrangement, hereby severally agree to sustain by our influence and votes the joint resolution herein set forth. [Here follow the signatures of the Demo- crats who claimed that their certificates of election as members of the House of Re- presentatives had been illegally withheld by the Returning Board.] And the undersigned claiming to have been elected Senators from the Eighth and Twenty-Second Senatorial Districts, hereby agree to submit their claims to the fore- going award and arbitrament, and in all respects to abide the results of the same. [Here follow the signatures of the Demo- crats, who made a like claim as to seats in the Senate.] And the undersigned, holding certifi- cates of election from the Returning Board, hereby severally agree that upon the com- ing in of the award of the foregoing arbi- trators they will, when the same shall have been ratified by the report of the Commit- tee on Elections and Qualifications of the body in session at the State House claim- ing to be the House of Representatives, attend the sitting of the said House for the purpose of adopting said report, and if said report shall be adopted, and the mem- bers embraced in the foregoing report shall be seated, then the undersigned seve- rally agree that immediately upon the adoption of said report they will vote for the following joint resolution : [Here follow the signatures of the Demo- cratic members of the House of Represen- tatives in relation to whose seats there was no controversy.] JOINT RESOLUTION. Resolved, by the General Assembly of the State of Louisiana, That said Assembly, without approving the same, will not dis- turb the present State Government claim- ing to have been elected in 1872, known as the Kellogg Government, or seek to im- peach the Governor for any jiast official acts, and that henceforth it will accord to said (Jovernor all necessary and legitimate support in maintaining the laws and ad- vancing the peace and prosperity of the people of this State : and that the House of Representatives, as to its members, as constituted under the award of (Jeorge F, Hoar, W. A. Wheeler, W. P. Frye, Charles Foster, Samuel S. Marshall, Clarkson N. Potter, and William Walter Phelps, shall remain without change except by resignation or death of moinbcrs until a new general election, and that the Senate, as now organized, shall also remain un- changed except so far as that body shall make changes on contests. BOOK I.J TEXT OF THE WHEELER COMPROMISE. 227 TEXT OF THK AWARD. New Yohk, March 18, 1875. The undersigned having been reiiuested to examine the ciainiH of the persons here- inafter named to seats in the Senate and House of Representatives of the State of Louisiana, and having examined the re- turns and the evidence^ rehiting to such claims, are of opinion, and do heret)y fitid, award and determine, that F. S. Cioode is entitled to a seat in the Senate from the Twenty-second Senatorial District ; and that .J. B. Elam is not entitled to a seat in the Senate from the Eighth Senatorial District; and that the following named persons are entitled to seats in the House of Representatives from the following named parishes respectively; From the Parish of Assumption, R. R. Beaseley, E. F. X. Dugas ; from the Parish of Bien- ville, James Brice ; from the Parish of De Soto, J. S. Scales, Cliarles Schuler; from the Parish of Jackson, PI Kidd ; from the Parish of Rapides, .James Jeffries, R. C. Luckett, G. W. Stafford ; from the Parish of Terrebone, Edward McCollum, W. H. Keyes ; from the Parish of Winn, George A. Kelley. And that the following named persons are not entitled to seats which they claim from the following named parishes respectively, but that the persons now holding seats from said parishes are entitled to retain the seats now held by them ; from the Parish of Avoyelles, J. O. Quinn ; from the Parish of Iberie, W. F. Schwing ; from the Parish of Caddo, A. D. Land, T. R. Vaughan, J. J. Koran. We are of opinion that no person is en- titled to a seat from the Parish of Grant. In regard to most of the cases, the undersigned are unanimous ; as to the others the decision is that of a majority. George F. Hoar, W. A. Wheeler, W. P. Frye, Charles Foster, Clarkson N. Potter, William Walter Phelps, Samuel S. Marshall. This adjustment and award were accept- ed and observed, until the election in No- vember, 1876, when a controversy arose as to the result, the Rej)u])licans claiming the election of Stephen B. Packard as Govern- or by about 3,-500 majority, and a Republi- can Legislature ; and the Democrats claim- ing the election of Francis T. Nicholls as Governor, by about 8,000 majority, and a Democratic Legislature. Committees of gentlemen visited New Orleans, by request of President Grant and of various politi- cal organizations, to witness the count of the votes by the Returning Board. And in December, 1876, on the meeting of Con- gress, committees of investigation were ap- pointed by the Senate and by the House of Representatives. Exciting events were now daily transpiring. On the 1st of Jan- uary, 1877, the Legislature organized in the State House without exhibitions of vio- lence. The Democrats did not unite in the proceedings, but met in a separate build- ing, and organized a separate Legislature. Telegraphic communication was had be- tween the State House and the Custom House, where was the office of Marshal Pitkin, who with the aid of the United States troops, was ready for any emergency. About noon the Democratic members, ac- companied by about 500 persons, called at tb.e State House and demanded admission. The officer on duty replied that the mem- bers could enter, but the crowd could not. A formal demand was then made upon General Badger and other officials, by the spokesman, for the removal of the obstruc- tions, barricades, police, etc., which pre- vented the ingress of members, which being denied. Col. Bush, in behalf of the crowd, read a formal protest, and the Democrats retired. Gov. Kellogg was presented by a committee with a copy of the protest, and he replied, that as chief magistrate and conservator of the peace of the State, be- lieving that there was danger of the or- ganization of the General Assembly being violently interfered with, he had caused a police force to be stationed in the lower portion of the building ; that he had no motive but to preserve the peace ; that no member or attache of either house will be interfered with in any way, and that no United States troops are stationed in the capitol building. Clerk Trezevant declined to call the House to order unless the police- men were removed. Upon the refusal to do so, he withdrew, when Louis Sauer, a mem- ber, called the roll, and 68 members — a full House being 120 — answered to their names. Ex-Gov. Hahn was elected Speaker, re- ceiving 53 votes as against 15 for Ex-Gov. Warmoth. The Senate was organized by Lieutenant- Governor Antoine with 19 present — a full Senate being 30 — eight of whom held over, and 11 were returned by the Board. Gov. Kellogg's message was presented to each House. The Democrats organized their Legisla- ture in St. Patrick's hall. The Senators were called to order by Senator Ogden. Nineteen Senators, including nine holding over, and four, who were counted out by the board, were present. The Democratic members of the House were called to order by Clerk Trezevant, and 61 answered to their names. Louis Bush was elected Speaker. January 3d— Republican Legislature passed a resolution asking for military pro- tection against apprehended Democratic violence, and it was telegraphed to the , President. 228 AMERICAN POLITICS. [book I. On Sunday, January 8th, Gov. Kellogg telegraphed "to President Grant to the same effect. January 8th — Stephen B. Packard took the oath of office as Governor, and C. C. Antoine as Lieutenant-Governor, at the State House at 1 : 30, in the presence of the Legislature. January 8 — Francis T. Nicholls and L. A. Wiltz to-day took the oath of office of Governor and Lieutenant-Governor, re- spectively, on the balcouv of St. Patrick's hall. By the 11th of January both parties were waiting for the action of the authorities at Washington. Gov. Packard to-day com- missioned A. S. Badger Major-General of the State National Guard, and directed him to organize the first division at once. Two members of the Packard Legislature, Mr. Barrett, of Rapides, and Mr. Kennedy, of St. Charles, had withdrawn from that body and gone over to the Nicholls Legis- lature. Messrs. Breux, Barrett, Kennedy, Es- topival, Wheeler, and Hamlet, elected as Republicans, under the advice of Pinch- back — a defeated Republican candidate for U. S. Senator, left the Packard or Repub- lican, and joined the Nicholls Legislature. On the 15th, Governor Packard, after receiving a copy of the telegram of the President to General Augur, issued a proclamation aimed at the " organized and armed combination and conspiracy of men now offering unlawful and violent resist- ance to the lawful authority of the State government." The Nicholls court issued an order to Sheriff Handy to provide the means for protecting the court from any violence or intrusion on the part of the adherents of "S. B. Packard, a wicked and shameless impostor." Governor Packard on the 16th, in a let- ter to Gen. Augur, acknowledges the re- ceipt of a communication from his aide- de-camp asking for assurances from him that the President's wishes concerning the preservation of the present status be re- spected, and says that the request would have been more appropriate if made im- mediately after his installation as Gov- ernor and before many of the main branches of the Government had been forcibly taken possession of by the oppo- sition. He says : " I had scarcely taken the oath of office when the White League were called to arms; the Court room and the records of tin; Supn^me Court of the State were forcibly taken possession of, and various precinct police-stations were captured in like manner by overwhelm- ing forces. Orders hafl been issued by the Secretary of War c;irly on that day that all unauthorized anned bodies should de- sist. A dispatch fromyourself of thesame date to the Secretary of War, conveyed the assurances that Nicholls had promised the disbandment of his armed forces. * * * * It was my understanding, that neither side should be permitted to inter- fere with the sfafus of the other side. Yet the day after this order was received and the pledge given by Nicholls, a force of several hundre4 armed White Leaguers repaired to the State Arsenal and took there- from into their own keeping five pieces of artillery, and a garrison of armed men was placed in and around the Supreme Court building. That on the following day, Jan- uary 11, an armed company of the White League broke into and took possession of the office of the Recorder of Mortgages. * * * * In view of all these facts it seemed to me that to give the pledge ver- bally asked of me this morning would be to sanction revolution, and by acquies- cence give it the force of accomplished fact, and I therefore declined." Many telegrams followed between the Secretary of War, J. Don. Cameron, Gen'l Augur and Mr. Packard, the latter daily complaining of new "outrages by the White League," while the Nicholls gov- ernment professed to accord rights to all classes, and to obey the instructions from Washington, to faithfully maintain the status of afiairs until decisive action should be taken by the National government. None was taken. President Grant being unwilling to outline a Southern policy for his successor in office. Election of Hayes and "Wheeler. The troubles in the South, and the al- most general overthrow of the "carpet bag government," impressed all with the fact that the Presidential election of 1876 would be exceedingly close and exciting, and the result confirmed this belief. The Green- backers were the first to meet in National Convention, at Indianapolis, May 17th. Peter Cooper of New York was nominated for President, and Samuel F. Gary of Ohio, for Vice President. The Republican National Convention met at Cincinnati, .June 14th, with James G. Blaine recognized as the leading candi- date. Grant had been named for a third term, and there was a belief that his name would be presented. Such was the feeling on this question that the House of Con- gress and a Republican State Convention in Pennsylvania, had passed resolutions declaring that a third term for President would be a violation of the " unwritten law " handed down through the examples of Wasliington, and Jackson. His name, however, was not then presented. The "unit rule " at this Convention was for the first time resisted, and by the friends of Blaine, BOOK I.] THE ELECTORAL COUNT. 229 with a view to release from instructions of State Conventions some of his friends. New York had instructed for Conkling, and Pennsylvania for Hartranft. In both of these states some delegates had been chosen by their respective Congressional districts, in advance of any 8tate action, and these elections were as a rule confirmed by the State bodies. Where they were not, there were contests, and the right of dis- trict representation was jeopardized if not destroyed by the reinforcement of the unit rule. It was tlierefore thought to be a question of nuich importance by the war- ring interests. Hon. Edw. McPherson was the temporary Chairman of the Conven- tion, and he took the earliest opportunity presented to decide against the binding force of the unit rule, and to assert the lib- erty of each delegate to vote as he pleased. The Convention sustained the decision ou an appeal. Ballots of the Cincinnati Eepublicau Convention, 1876 : Ballots, 12 3 4 5 6 7 Blaine, 285 296 292 293 287 308 351 Conkling, 113 114 121 126 114 111 21 Bristow, 99 93 90 84 82 81 Morton, 124 120 113 108 95 85 Hayes, 61 64 67 68 102 113 384 Hartranft, 68 63 68 71 69 50 Jewell, 11 Washb'ne, 113 3 4 Wheeler, 3 3 2 2 2 2 Gen. Rutherford B. Hayes, of Ohio, was nominated for President, and Hon. Wm. A. Wheeler, of New York, for Vice President. The Democratic National Convention met at St. Louis, June 28th. Great interest was excited by the attitude of John Kel- ly, the Tammany leader of New York, who was present and opposed with great bitterness the nomination of Tilden. He afterwards bowed to the will of the major- ity and supported him. Both the unit and the two-thirds rule were observed in this body, as they have long been by the Dem- ocratic party. On the second ballot, Hon. Samuel J. Tilden, of New York, had 535 votes to 203 for all others. His leading competitor was Hon. Thomas A. Hen- dricks, of Indiana, who was nominated for Vice President. The Electoral Connt. The election followed Nov. 7th, 1876, Hayes and Wheeler carrying all of the Northern States except Connecticut, New York, New Jersey and Indiana; Tilden and Hendricks carried all of the Southern States except South Carolina, Florida and Louisiana. The three last named States were claimed by the Democrats, but their members of the Congressional Investiga- ting Committee quieted rival claims as to South Carolina by agreeing that it had fairly chosen the Republican electors. So close was the result that success or failure hinged upon the returns of Florida and Louisiana, and for days and weeks confiict- irig stories and claims came from these States. The Democrats claimed that they had won on the face of the returns from Louisiana, and that there was no authority to go behind these. The Republicans pub- licly alleged frauds in nearly all of the Southern States ; that the colored vote had been violently suppressed in the Gulf States, but they did not formally dispute the face of the returns in any State save where the returning boards gave them the victory. This douljtful state of affaii-s in- duced a number of prominent politicians of both the great parties to visit the State capitals of South Carolina, Florida and Louisiana to witness the count. Some of these were appointed by President Grant ; others by the Democratic National Com- mittee, and both sets were at the time called the " visiting statesmen," a phrase on which the political changes were rung for months and years thereafter. The electoral votes of Florida were de- cided by the returning board to be Repub- lican by a majority of 926, — this after throwing out the votes of several districts where fraudulent returns were alleged to be apparent or shown by testimony. The Board was cited before the State Supreme Court, which ordered a count of the face of the returns ; a second meeting only led to a second Republican return, and the Republican electors were then declared to have been chosen by a majority of 206, though before this was done, the Electoral College of the State had met and cast their four votes for Hayes and Wheeler. Both parties agreed very closely in their counts, except as to Baker county, from which the Republicans claimed 41 majority, the Dem- ocrats 95 majority — the returning board ac- cepting the Republican claim. In Louisiana the Packard returning board was headed by J. Madison Wells, and this body refused to permit the Demo- crats to be represented therein. It was in session three weeks, the excitement all the time being at fever heat, and finally made the following average returns : Republican electors, 74,436 ; Democratic, 70,505 ; Re- publican majority, 3,931. McEnery, who claimed to be Governor, gave the Demo- cratic electors a certificate based on an average vote of 83,635 against 75,759, a Democratic majority of 7,876. In Oregon, the three Republican electors had an admitted majority of the popular vote, but on a claim that one of the number was a Federal office-holder and therefore ineligible, the Democratic Governor gave a certificate to two of the Republican elec- 230 AMERICAN' POLITICS. [book I. tors, and a IMr. Cronin, Democrat. The three Republican electors were certified by the Secretary of State, who was the can- vassing officer by law. This Oregon busi- ness led to grave suspicions against Mr. Tildeu, who was thereafter freely charged by the Republicans with the use of his immense private fortune to control the re- sult, and thereafter, the New York Tribune, ■with unexami)led enterprise, exposed and reprinted the " cipher dispatches " from Gramercy, which Mr. Pelton, the nephew and private secretary of Mr. Tilden, had sent to Democratic " visiting statesmen " in the four disputed sections. In 1878, the Potter Investigating Committee subse- quently confirmed the " cipher dispatches " but Mr. Tildeu denied any knowledge of them. The second session of the 44th Congress met on Dec. 5th, 1876, and while by that time all knew the dangers of the approach- ing electoral count, yet neither House would consent to the revision of the joint rule regulating the count. The Republi- cans claimed that the President of the Sen- ate had the sole authority to open and an- nounce the returns in the presence of the two Houses ; the Democrats plainly disputed this right, and claimed that the joint body could control the count under the law. Some Democrats went so far as to say that the House (which was Democratic, with Samuel J. Randall in the Speaker's chair) could for itself decide when the emergency had arrived in which it was to elect a President. There was grave danger, and it was as- serted that the Democrats, fearing the President of the Senate would exercise the power of declaring the result, were preparing first to forcibly and at least with secrecy swear in and inaugurate Tilden. Mr. Watterson, member of the House from Kentucky, boasted that he had completed arrangements to have 100,000 men at Wa-ohington on inauguration day, to see that Tilden was installed. President Grant and Secretary of War Cameron, thought the condition of affairs critical, and botli made active though secret prei)arations to secure the safe if not the peaceful inaugu- ration of Hayes. Grant, in one of his sen- tentious utterances, said he " would have peace if he had to fight for it." To this end he sent for Gov. Hartranft of Penn- sylvania, to know if he could stop any at- tom])tod movement of New York troops to Wa,shington, as he had information that the purpose was to for('iI)]y install Tilden. (jov. Hartranft rcnlicd tiiat he could do it with the National Ciiiard and the (irand Army of the Republic. He was told to return to Ilarrisliurg and pre|)are for such an emergency. Tliis he did, and as tl)e Legislature was then in session, a Repub- lican caucus was called, and it resolved, without knowing exactly why, to sustain any action of the Governor with the re- sources of the State; Secretary Cameron also sent for Gen'l Sherman, and for a time went on with comprehensive prepa- rations, which if there had been need for comjiletion, would certainly have put a speedy check upon the madness of any mob. There is a most interesting unwrit- ten history of events then transpiring which no one now living can fully relate without unjustifiable violations of political and personal confidences. But the danger was avoided by the patriotism of prominent members of Congress representing both of the great political parties. These gentle- men held several important and private conferences, and substantially agreed upon a result several days before the exciting struggle which followed the introduction of the Electoral Commission Act, The leaders on the part of the Republicans in these conferences were Conkling, Edmunds, Frelinghuysen ; on the part of the Demo- crats Bayard, Gordon, Randall and Hewitt, the latter a member of the House and Chairman of the National Democratic Committee. The Electoral Commission Act, the basis of agreement, was supported by Conkling in a speech of great power, and of all men engaged in this great work he was at the time most suspected by the Republicans, who feared that his admitted dislike to Hayes would cause him to favor a bill which would secure the return of Tilden, and as both of the gentlemen were New Yorkers, there was for several days grave fears of a combination between the two. The result showed the injustice done, and convinced theretofore doubting Republi- cans that Conkling, even as a partisan, was faithlul and far-seeing. The Electoral Commission measure was a Democratic one, if we are to judge from the character of the votes cast for and against it. In the Senate the vote stood 47 for to 17 against. There were 21 Republicans for it and 16 against, while there were also 26 Demo- crats for it to only 1 (Eaton) against. In the House much the same proportion was maintained, the bill jiassing that body by 191 to 86. The following is the text of the ELECTORAL COMMISSION ACT. An act to provide for and regulate the counting of votes for President and Vice- President, and the decision of questions arising thereon, for the term commencing March fourth, Anno Domini eighteen hundred and seventy-seven. lie it enacted by the Senate and House of Rrpresevtafives of the United States of America in Conr/ress assembled, That tlie Senate and House of Representatives shall meet in the hall of the House of Re])resen- tatives, at tlio hour of one o'clock post BOOK I.] THE ELECTORAL COUNT. 231 meridian, on the first Thursday in Febru- ary, Anno Domini eighteen hundred and seventy-seven ; the President of the Senate shall be their presiding officer. Two tellers shall be previously appointed on the part of the Senate, and two on the part of the House of Representatives, to whom shall be handed, as they are opened by the Pre- sident of the Senate, all the certificates, and papers purporting to be certificates, of the electoral votes, which certificates and papers shall be opened, presented and acted upon in the alphabetical order of the States, beginning with the letter A; and said tellers having then road the same in presence and hearing of the two Houses, shall make a list of the votes as they shall appear from the said certificates ; and the votes having been ascertained and counted as in this act provided, the result of the sam-' shall be delivered to the President of the Senate, who shall thereupon announce the state of the vote, and the names of the persons, if any elected, which announce- ment shall be deemed a sufficient declara- tion of the persons elected President and Vice-President of the United States, and, together with a list of the votes, be entered on the journals of the Houses. Upon such reading of any such certificate or paper when there shall only be one return from a State, the President of the Senate shall call for objections, if any. Every objection shall be made in writing, and shall state cleandy and concisely, and without argu- ment, the ground thereof, and shall be signed by at least one Senator and one Member of the House of Representatives before the same shall be received. When all objections so made to any vote or paper from a State shall have been re- ceived and read, the Senate shall there- upon withdraw, and such objections shall be submitted to the Senate for its decision ; and the Speaker of the House of Represen- tatives shall, in like manner, submit such objections to the House of Representatives for its decision ; and no electoral vote or votes from any State from which but one return has been received shall be rejected, except by the affirmative vote of the two Houses. When the two Houses have votes, they shall immediately again meet, and the jjresiding officer shall then an- nounce the decision of the question sub- mitted. Sec. 2. That if more than one return, or paper purporting to be a return from a State, shall have been received by the President of the Senate, purporting to be the cer- tificate of electoral votes given at the last preceding election for President and Vice- President in such State ( unless they shall be duplicates of the same return), all such returns and papers shall be opened by him in the presence of the two Hi )uscs when met %3 aforesaid, and r^^ad by the tellers, and all such returns and papers shall thereupon be submitted to the judgment and decision as to which is the true and lawful electoral vote of such State, of a commission consti- tuted as follows, namely : During the ses- sion of each House, on the Tuesday next preceding the first Thursday in Februaiy, eighteen hundred and seventy-seven, each House shall, by viva voce vote, appoint five of its members, with the five associate justices of the Supreme Court of the United States to be ascertained as hereinafter pro- vided, shall constitute a commission for the decision of all questions upon or in resjject of such double returns named in this sec- tion. On the Tuesday next preceding the first Thursday in February, Anno Domini, eighteen hundred and seventy -seven, or as soon thereafter as may be, the associate justices of the Supreme Court of the United States now assigned to the first, third, eighth, and ninth circuits shall select, in such manner as a majority of them shall deem fit, another of the associ- ate justices of said court, which five per- sons shall be members of said commission ; and the person longest in commission of said five justices shall be the president of said commission. The members of said commission shall respectively take and subscribe the following oath : " I do solemnly swear (or affirm, as the case maybe,) that I will impartially examine and consider all questions submitted to the commission of which I am a member, and a true judgment give thereon, agreeably to the Constitution and the laws : so help me God ; " which oath shall be filed with the Secretary of the Senate. When the commission shall have been thus organized, it shall not be in the power of either House to dissolve the same, or to with- draw any of its members ; but if any such Senator or member shall die or become physically unable to perform the duties required by this act, the fact of such death or physical inability shall be by said commission, before it shall proceed fur- ther, communicated to the Senate or House of Representatives, as the case may be, which body shall immediately and without debate proceed by viva voce vote to fill the place so vacated, and the person so appointed shall take and subscribe the oath hereinbefore prescribed, and become a member of said commission ; and in like manner, if any of said justices of the Su- preme Court shall die or become physically incapable of performing the duties re- quired by this act, the other of said jus- tices, members of the said commission, shall immediately appoint another justice of said court amembcr of said commission, and in like manner, if any of said justices of the Supreme Court shall die or become physically incapable of performing the duties required by this act, the other of said 232 AMERICAN POLITICS. [book I, justices, mem'bers of the said commission, shall immediately appoint another justice of said court a member of said commission, and, in such appointment, regard shall be had to the impartiality and freedom from bias sought by the original appointments to said commission, who shall thereupon immediately take and subscribe the oath hereinbefore prescribed, and become a member of said commission to fill the vacancy so occasioned. All the certificates and papers purporting to be certificates of the electoral votes of each State shall be opened, in the alphabetical order of the States, as provided in section one of this act ; and when there shall be more than one such certificate or paper, as the certifi- cates and papeis from such State shall so be opened (excepting duplicates of the same return), they shall be read by the tellers, and thereupon the President of the Senate shall call for objections, if any. Every objection shall be made in writing, and shall state clearly and concisely, and with- out argument, the ground thereof, and shall be signed by at least one Senator and one member of the House of Representa- tives before the same shall be received. When all such objections so made to any certificate, vote, or paper from a State shall have been received and read, all such cer- tificates, votes and papers so objected to, and all papers accompanying the same, together with such objections, shall be forthwith submitted to said commission, which shall proceed to consider the same, with the same powers, if any, now possessed for that purpose by the two Houses acting separately or together, and, by a majority of votes, decide whether any and what votes from such State are the votes provid- ed for by the Constitution of the United States, and how many and what persons were duly appointed electors in such State, and may therein take into view such peti- tions, depositions, and other papers, if any, as shall, by the Constitution and now exist- ing law, be competent and pertinent in such consideration ; which derision shall be made in writing, stating l)rieliy the ground thereof, and signed by the members of said commission agreeing therein ; whereupon the two Houses shall again meet, and such decision shall be read and entered in the journal of each house, and tlie count- ing of the vote sliall proceed in conformity therewith, unless, upon objection made thereto in writing by at least five Senators and five members of the; House of Repre- sentatives, the two Houses siiall separately concur in c)rd('ringotiierwisc, in wliich case such concurrent order shall govern. No votes or papers from any other State sliall be acted upon until the objections previ- ously made to the votes or papers from any State shall have been finally disposed of: Sec. 3. That, while the two Houses shall be in meeting, as provided in this act, no debate shall be allowed and no question shall be put by the presiding officer, except to either House on a motion to withdraw ; and he shall have power to preserve order. Sec. 4. That when the two Houses sepa- rate to decide upon an objection that may have been made to the counting of any electoral vote or votes from any State, or upon objection to a report of said commis- sion, or other question arising under this act, each Senator and Representative may speak to such objection or question ten min- utes, and not oftener than once ; but after such debate shall have lasted two hours, it shall be the duty of each House to put the main question without further debate. Sec. 5. That at such joint meeting of the two Houses, seats shall be provided as fol- lows : For the President of the Senate, the Speaker's chair ; for the Speaker, immedi- ately upon his left ; the Senators in the body of the hall upon the right of the pre- siding officer ; for the Representatives, in the body of the hall not provided for the Senators ; for the tellers, Secretary of the Senate, and Clerk of the House of Repre- sentatives, at the Clerk's desk ; for the other officers of the two Houses, in front of the Clerk's desk and upon each side of the Speaker's platform. Such joint meeting shall not be dissolved until the count of electoral votes shall be completed and the result declared ; and no recess shall be taken unless a question shall have arisen in regard to counting any such votes, or other- wise under this act, in which case it shall be competent for either House, acting sepa- rately, in the manner hereinbefore provid- ed, to direct a recess of such House not be- yond the next day, Sunday excepted, at the hour of ten o'clock in the forenoon. And while any question is being considered by said commission, either House may pro- ceed with its legislative or other business. Sec. 6. That nothing in this act shall be held to impair or affect any right now ex- isting under the Constitution and laws to question, by proceeding in the judicial courts of the United States, the right or title of the person who shall be declared elected, or who shall claim to be President or Vice-President of the United States, if any such i ight exists. Sec. 7. That said commission shall make its own rules, kec}) a record of its proceed- ings, and shall have j)owcr to employ such persons as may be necessary for the trans- action of its business and the execution of its powers. Appnjved, January 29, 1877. Members of tlie Commlgalon. Hon. Nathan Clifford, Associate Jus- tice ISujjreme Court', First Circuit. BOOK I.] THE TITLE OF PRESIDENT HAYES. 233 Hon. William STnoyio, Associate Justice Supreme Court, Third Circuit. Hon. Samukl F. Miller, Associate Justice Supreme Court, Eilus funds with which to aid any funding operation, however low the rate of interest, if the government — State or National — shows a willingness to pay. As late as February, 1882, Pennsylvania funded seven millions of her indebtedness at 3, 31 and 4 per cent., the two larger sums commanding premiums sufficient to cause the entire debt to be floated at a little more than 3 per cent., and thus floating commands an additional premium in the money ex- changes. History of the National Lioans. In Book VII of this volume devoted to Tabulated History, we try to give the read- er at a glance some idea of the history of our National finances. An attempt to go into details would of itself fill volumes, for no class of legislation has taken so much time or caused such a diversity of opinion. Yet it is shown, by an admirable review of the loans of the United States, by Rafael A. Bayley, of the Treasury Department published in the February (1882) number of the International Review, that the " finan- cial system of the government of the United States has continued the same from its organization to the present time." Mr, Bayley has completed a history of our Na- tional Loans, which will be published in the Census volume on " Public Debts." From his article in the Ifeview we con- dense the leading facts bearing on the his- tory of our national loans. The financial system of theUnited^States, in lill its main features, is simple and well defined, and its very simj^licity may proba- bly be assigned as the reason why it ap- pears so difficult of comprehension by many people of intelligence and education. It is based upon the principles laid down by Alexander Hamilton, and the practical adoption of the fundamental maxim which he regarded as the true secret for render- ing public credit immortal, viz., " that the creation of the debt should always be ac- companied with the means of extinguish- ment." A faithful adherence to this sys- tem by his successors has stood the test of nearly a century, with the nation at jieacc or at war, in prosperity or adversity ; so that, with all the change that progress has entailed upon the people of the age, no valid ground-; exist for any change here. " During the colonial period, and under 246 AMERICAN POLITICS. [book the confederation, the financial operations of the Government were based ou the law of necessity, and depended for success upon- the patriotism of the people, the co- operation of the several States, and the assistance of foreign powers friendly to our cause. " It was the willingness of the people to receive the various kinds of paper money issued under authority of the Continental Congress, and used in payment for services and supplies, together with the issue of similar obligations by the different States, for the redemption of which they assumed the responsibility ; aided by the munificent gift of money from Louis XVI. of France, followed by loans for a large amount from both France and Holland, that made vic- tory possible, and laid the foundations for the republic of to-day, with its credit un- impaired, and with securities command- ing a ready sale at a high premium in all the principal markets of the world. " Authorities vaiy as to the amount of paper money issued and the cost of the war for independence. On the 1st of Septem- ber, 1779, Congress resolved that it would ' on no account whatever emit more bills of credit than to make the whole amount of such bills two hundred millions of dol- lais.' ]\Ir. Jefferson estimates the value of this sum at the time of its emission at $36,367,719.83 in specie, and says ; ' If we estimate at the same value the like sum of $200,000,000 supposed to have been emitted by the States, and reckon the Federal debt, foreign and domestic, at about $43,000,000, and the State debt at $25,000,000, it will form an amount of §140,000,000, the total sum which the war cost the United States. It continued eight years, from the battle of Lexington to the cessation of hostilities in America. The annual expense was, therefore, equal to about SI 7,500,000 in specie.' " The first substantial aid rendered the colonies by any foreign power was a free gift of money and military supplies from Louis XVI. of France, amounting in the aggregate to 10,000,000 livres, equivalent to, .SI, 815,000. "These supplies were not furnished openly, for the reason that France was not in a position to commence a war with Great Britain. The celebrated Caron de Beauiiiarcliuis was emjjloyed as a secret agent, ])ctwccn whom and Silas Deane, as the political and commercial agent of the United States, a contract was entered into wliereby tin; ibrnier agreed to furnish a large amount of military Kupi)lios from the arsenals of France, and to receive Ameri- can produce in jiaymcnt therefor. "Under lliis arrangement supplies were furnished by the French Government to the amount of 2,000,()()() livres. An addi- tional 1,000,000 was contributed by iAie Government of Spain for the same pur- pose, and through the same agency. The balance of the French subsidy was paid through Benjamin Franklin. In 1777 a loan of 1,000,000 livres was obtained from the ' Farmers General of France ' under a contract for its repayment in American tobacco at a stijjulated price. From 1778 to 1783, additional loans were obtained from the French King, amounting to 34,- 000,000 livres. From 1782 to 1789, loans to the amount of 9,000,000 guilders were negotiated in Holland, through the agency of John Adams, then the American Minis- ter to the Hague. " The indebtedness of the United States at the organization of the present form of government (including interest to Decem- ber 31, 1790) may be briefly stated, as fol- lows : Foreign debt $11,883,315.96 Domestic debt 40,256,802.45 Debt due foreign officers... 198,208.10 Arrears outstanding (since discharged) 450,395.52 Total $52,788,722.03 To this should be added the individual debts of the several States, the precise amount and character of which was then unknown, but estimated by Hamilton at j that time to aggregate about $25,000,000. "The payment of this vast indebtedness was virtually guarantied by the provisions of Article VI. of the Constitution, which says : ' All debts contracted, and engage- ments entered into, before the adoption of this Constitution shall be as valid against the United States under this Constitution as under the confederation.' On the 21st of September, 1789, the House of Eepre- sentatives adopted the following resolu- tions : Resolved, That this House consider an adequate provision for the support of the public credit as a matter of high import- ance to the national honor and prosperity. Resolved, That the Secretary of the Treasury be directed to prepare a plan for that j)urpose, and to rej^ort the same to this House at its next meeting. " In reply thereto Hamilton submitted his report on the 9th of January, 1790, in which he gave many reasons for assuming the debts of the old Government, and of the several States, and furnished a plan for sui)porting tlie j)ul)lic credit. His rec- ommendations were ado])tcd,and embodied in the act making provision for the pay- ment of the debt of the United States, apj)roved August 4, 1790. "This act authorized a loan of $12,000,- 000, to be a])j)licd to the ])aynient of the foreign de])t, jirincipal and interest; a loan equal to the full amount of the domestic debt, payable in certificates issued for its BOOK I.] HISTORY OF THE NATIONAL LOANS. 247 amount according to tlieir specie value, and coini)uting tlie interest to December 31, 1791, upon such as bore interest; and a further loan t. In the case of the separate debts of the States, interest upon four-nintlis only of the entire sum was immediately paid ; in- terest upon two-ninths was del'erred for ten years, and only 3 per cent, allowed on three- ninths.' Under this authority 6 per cent, stock was issued to the amount of $30,0G0,- 511, and deferred 6 per cent, stock, bear- ing interest from Janutiry 1, ISOO, amount- ing to $14,G35,3S(). This stock was made subject to redemption by payments not ex- ceeding, in one year, oa account both of principal and interest, the proportion of eight dollars upon a hundred of the sum mentioned in the certificates ; $19,719,237 was issued in 3 per cent, stock, subject to redemption whenever provision should be made by law for that purpose. " The money needed for the payment of the princi[)al and interest of the foreign debt was procured by new loans negotiated in HoU.uid and Antwerp to the amount of $9,400,000, and the issue of new stock for the balance of $2,024,900 due on the French debt, this stock bearing a rate of interest one-half of one per cent, in ad- vance of the rate previously paid, and re- deemable at the pleasure of the Govern- ment. Subsequent legislation provided for the establishment of a sinking fund, under the management of a board of com- missioners, consisting of the President of the Senate, Chief Justice of the Sujtreme Court, Secretary of State, Secretary of the Treasury, and Attorney General, for the time being, who, or any three of whom, were authorized, under the direction of the President of the United States, to make purchases of stock, and otherwise provide for the gradual liquidation of the entire debt, from funds set apart for this purpose. On assuming the position of Secretary of the Treasury, Hamilton found himself en- tirely without funds to meet the ordinary expenses of the Government, exccjjt by borrowing, until such time as the revenues frorn duties on imports and tonnage began to come into the Treasury. Under these circumstances, he was forced to make ar- rangements with the P>ank of New York and the Bank of North America for tem- porary loans, and it was from the moneys received from these banks that he paid the first installment of salary due President Washington, Senators, Representatives and officers of Congress, during the first ses- sion under the Constitution, wliieh began at the citv of New York, March 4, 1789. " The first ' Jiank of the United States ' appears to liave been proposed by Alex- ander Hamilton in December, 1790, and it was incorporated by an act of Congress, approved February 25, 1791, with a capi- tal stock of $10,000,000 divided into 25,- 000 shares at $400 each. The government subscription of $2,000,000, under authority of the act, was paid by giving to the bank bills of exchange on Holland equivalent to gold, and borrowing from the bank a like sum for ten years at 6 per cent, inter- est. The bank went into operation very soon after its charter was obtained, and declared its first dividend in July, 1792. It was evidently well managed, and was of great benefit to the Government and the people at large, assisting the Government by loans in cases of emergency, and forc- ing the ' wildcat ' banks of the country to keep their issues ' somewhere within reasonable bounds.' More than $100,000,- 000 of Government money was received and disbursed by it without the loss of a single dollar. It made serai-annual divi- dends, averaging about 8} per cent., and its stock rose to a high price. The stock belonging to the United States was sold out at different times at a profit, 2,220 shares sold in 1802 bringing an advance of 45 per cent. The government subscription, with ten years' interest amounted to $3,200- 000, while there was received in dividends and for stock sold $3,773,580, a profit of neaily 28.7 per cent. In 1796 the credit of the Government was very low, as shown by its utter failure to negotiate a loan for the purpose of paying a debt to the Bank of the United States for moneys boiTowed and used, partly to pay the expenses of sup- pressing the whisky insurrection in' Penn- sylvania and to buy a treaty with the pirates of Algiers. On a loan authorized for $5,000,000, only $80,000 could be ob- tained, and this at a discount of 12} per cent.; and, there being no other immediate resource, United States Bank stock to the amount of $1,304,2G0 was sold at a pre- mium of 25 per cent. " Under an act approved June 30, 1798, the President was authorized to accept such vessels as were suitable to be armed for the public service, not exceeding twelve in number, and to issue certificates, or other evidences of the public debt of the United States, in payment. Tlie ships George Washington, Merrimack, 3Iaryl:ind and Patapsco, brig Richmond, and frigates BostiMi, Philadelphia, John Adams, Essex and New York, were prnxhased, and G per 248 \MERICAN POLITICS. [book I. cent, stock, redeemable at the pleasure of! Congress, was issued in payment to the amount of 8711,700. I "The idea of creating a navy by the purchase of vessels built by private parties and issuing stock in payment therefor, seems to have orisrinated with Hamilton. " In the years 1/^97 and 1798 the United States, though nominally at peace with all the world, was actually at war with France — a war not formally declared, but carried on upon the ocean with very great viru- lence. John Marshall, Elbridge Gerry and Charles C. Pinckney were appointed en- voys extraordinary to the French Repub- lic, with power for terminating all difter- ences and restoring harmony, good under- standing and commercial and friendly in- tercourse between the two nations ; but their efforts were in vain, and extensive preparations were made to resist a French invasion. It was evident that the ordinary revenues of the country would be inade- quate for the increased expenditure, and a loan of §5,000,000 was authorized by an act approved July 16, 1798, redeemable at pleasure after fifteen years. The rate of interest was not specified in the act, and the market rate at the time being 8 per cent, this rate was paid, and it was thought by a committee of Congress that the loan was negotiated * upon the best terms that could be procured, and with a laudable eye to the public interest. ' A loan of $3,500,000 was authorized by an act ap- proved May 7, 1800, for the purpose of meeting a large deficit in the revenues of the preceding year, caused by increased expenditures rendered necessary on ac- count of the difficulties with France, and Btock bearing 8 per cent, interest, reim- bursal)le after fifteen years, was issued to the amount of $1,481,700, on which a pre- mium was realized of nearly 5| per cent. These are the only two instancca in which the Government has paid 8 per cent, in- terest on its bonds. " The province of Louisiana was ceded to the United States by a treaty with France, April 30, 1803, in payment for which G per cent, bonds, payable in fifteen vears, were issued to the amount of $11,- 250,000, and the balance which the Gov- ernment agreed to pay for tlic province, amounting to $3,750,000, was devoted to reiml)ursing American citizens for French depredations on their commerce. These claims were paid in money, and the stock redeemed l)y pun^hases made under the di- rection of tlie ('ommissioners of the Sink- ing Fund within twelve years. Under an act approved February 11, 1807, a portion of the 'old G per cent.' and 'dercrred stocks" w.m refunded into new .stock, bear- ing the same rate of interest, but redernia- })le at the pleasure of the United States. This was done for the purpose of 2)]acing it within the power of the Government to reimburse the amount refunded within a short time, as under the old laws these stocks could only be redeemed at the rate of 2 per cent, annually. Stock was issued amounting to $6,294,051, nearly all of which was redeemed within four years. Under the same act old ' 3 per cent, stock ' to the amount of $2,861,309 was converted into 6 per cents., at sixty-five cents on the dollar, but this was not reimbursable with- out the assent of the holder until after the whole of certain other stocks named in the act was redeemed. The stock issued under this authority amounted to $1,859,871. It would appear that the great majority of the holders of the •' old stock " preferred it to the new. A loan equal to the amount of the principal of the public debt reimbursa- ble during the current year was authorized by an act approved May 1, 1810, and $2,- 750,000 was borrowed at 6 per cent, interest from the Bank of the United States, for the purpose of meeting any deficiency arising from increased expenditures on account of the military and naval establishments. This was merely a temporary loan, which Avas repaid the following year. " The ordinary expenses for the year 1812 were estimated by the Committee of Ways and Means of the House of Eepresentatives at $1,200,000 more than the estimated re- ceipts for the same period, and the impend- ing war Avith Great Britain made it abso- lutely necessary that some measures should be adopted to maintain the public credit, and provide the requisite funds for carrying on the Government. Additional taxes Avere imposed upon the people, but as these could not be made immediately available there Avas no other resource but ncAV loans and the issue of Treasury notes. This was the first time since the formation of the ncAV Government that the issue of such notes had been proposed, and they Avere objected to as engrafting on our system of finance a ncAV and untried measure. " Under various acts of Congress ap- proved betAveen March 4, 1812, and Feb- niary 24, 1815, 6 per cent, bonds were is- sued to the amount of $50,792,674. These bonds Avere negotiated at rates varying from 20 per cent, discount to par, the net cash realized amounting to $44,530,123. A fur- ther .sum of $4,025,000 was obtained by temporary loans at par, of Avhich sum $225,000 was for the purpose of repairing the ])ul)lic buildings in Washington, dam- aged bv the enemy on the night of August 24, 1814. These 'war loans' were all made redeemable at the pleasure of the Ciovernnient after a sjiecificd date, and the fiith of the United States avms solemnly pledged to provide sulficient revenues for this i)urpose. The 'Treasury note sj'stem' w;is a new feature, and its success was re- garded as somewhat doubtful. BOOK I.J HISTORY OF THE NATIONAL LOANS. 249 " Its subsequent popularity, however, was owing to a variety of causes. The notes were made receivable everywhere for dues and customs, and in [)ayment I'or i)ub- lic lands. They were to bear interest from the day of issue, at the rate of 5 2-5 per cent, per annum, and their payment was guaranteed by the United States, principal and interest, at maturity. They thus uir- nished a circulating meilium to the coun- try, superior to the paper of the suspend- ed aiul doubtful State banks. These issues were therefore considered more desirable than the issue of additional stock, which could be realized in cash only by the payment of a ruinous dis- count. The whole amount of Treasury notes issued during the war period was $36,680,794. The Commissioners of the Sinking Fund were authorized to provide for their redemption by purchase, in the same manner as for other evidences of the public debt, and by authority of law $10,- 675,788 was redeemed by the issue of cer- tificates of funded stock, bearing interest at from G^ to 7 per cent, per annum, redeema- ble at any time after 1824. " During the years 1812-13 the sum of $2,984,747 of the old 6 per cent, and de- ferred stocks were refunded into new 6 per cent, stock redeemable in twelve years ; and by an act approved March 31, 1814, Con- gress having authorized a settlement of the Yazoo claims ' by an' issue of non-interest- bearing stock, payable out of the first re- ceipts from the sale of public lands in the Missisipi territory, $4,282,037 was is.-nied for this purpose. On the 24th of February, 181-5, Secretary Dallas reported to Congress that the public debt had been increased, in consequence of the war with Great Bri- tain, $()8,783,122, a large portion of which ■was due and unpaid, while another con- siderable proportion was fast becoming due. These unpaid or accruing demands were in part for temporary loans, and the balance for Treasury notes either due or maturing daily. To provide for their paj^- ment a new loan for the full amount needed was authorized by act of March 3, 1815, and six per. cent stock redeemable in fifteen years, was issued in the sum of $12,288,148. This stock was sold at from 95 per cent, to par, and was nearly all re- deemed in 1820 by purchases made by the Commissioners of the Sinking Fund. " The Government became a stockholder in the second Bank of the United States, to the amount of 70,000 shares, under the act of incorporation, approved April 10, 1816. Thecapital stock waslimited to $35,000,000, divided into 350,000 shares of $100 each. Tli» Government subscription was paid by the issue of 5 per cent, stock to the amount of 87,000.000, redeemable at the pleasure of the Government. This was a profitable investment for the United States, as in ad- dition to $1 ,500,000 which the l)ank paid as a bonus frjr its charter, the net receipts over and above disbursements amounted to $4,993,167. The available funds in the Treasury on the 1st of .January, 1820, were less than $250,000, and the estimated defi- cieiicv for the year amounted to nearly $4,000,000. This state of affairs was owing partly to the disastrous eflects of the com- mercial crisis of 1819, heavy payments for tlie redemption of tlie public debt, contin- ued through a series of years, and large outstanding claims, amounting to over $30,000,000, resulting from the late war with Great Britain. To meet the emer- gency, a loan was authorized by act of May 15, 1820, and $999,999.13 was borrowed at 5 per cent., redeemable in twelve years, and $2,0000,000 at 6 per cent., reimbursable at pleasure, this latter stock realizing a pre- mium of 2 per cent. By act of jilarch 3, 1821, 5 per cent, stock amounting to $4,735,- 276 was issued at a premium of over 5} per cent., and the proceeds used in payment of the princij)al and interest of the public debt falling due within the year. " An effort was made in 1822 to refund a portion of the 6 per cent, war loans of 1812-14 into 5 per cents., but only $56,705 could be obtained. Two years later the Government was more successful, and, un- der the act of May 26, 1824, 6 per cent, stock of 1813 to the amount of $4,454,728 was exchanged for new stock bearing 4J per cent, interest, redeemable in 1833-34. During the same year $5,000,000 was bor- rowed at 4} per cent, to provide for the payment of the awards made by the Com- missioners under the treaty with Spain of February 22, 1819, and a like amount, at the same rate of interest, to be applied in paying off that part of the 6 per cent, stock of 1812 redeemable the following year. The act of March 3, 1825, author- ized a loan of $12,000,000, at U per cent, interest, the money borrowed to be applied in paying off prior loans, but only $1,539,- 336 was exchanged for an equal amount of 6 per cent, stock of 1813. " In the year 1836 the United States was, for the first time in thejiistory of the coun- try, practically out of debt. Secretary Woodbury, in his report of December 8, 1836, estimated the amount of jniblic debt still outstanding at about $328,582, and this remained unpaid solely because payment had not been demanded, ample funds to meet it having been deposited in the United States Bank and loan offices. The debt outstanding consisted mainly of un- claimed interest and dividends, of claims for services and supplies dnring the Revo- lution, and of old Treasury notes, and it is supposed that payment of these had not been asked for solely because the evidences of the debt had been lost or distroyed. The estimates showed the probability of a 250 AMERICAN POLITICS. [book 1. surplus of at least $14,000,000 in tlie Trea- sury at the close of the year 1S36, and this estimate proved to be far below the truth. In this favorable condition of the public finances, Congress adopted the extraordi- nary resolution of depositing the sui-plus over §5,000,000 with the several States, and under the act of June 23, 1836, surplus revenue amounting to $28,101,644.91 was so deposited. "In 1837, however, the state of the country had changed. The ' flush ' times of 183o and 1836 had been succeeded by extraordinary depression, which ultimately produced a panic. In May most of the banks suspended specie payments. The sales of public lauds, and the duties on the importations of foreign goods, which had helped to swell the balance in the Treasury to over ^;42,000,000, had fallen off enor- mously. Even on the goods that were im- ported it was difficult to collect the duties, for the law compelled them to be paid in specie, and specie was hard to obtain. It had become impossible not only to pay the fourth installment of the surplus at the end of 1836 to the several States, but even to meet the current expenses of the Govern- ment from its ordinary revenues. In this emergency the Secretary of the Treasury suggested that contingent authority be given the President to cause the issue of Treasury notes. This measure was goner- ally sui)portcd on the ground of absolute necessity, as there was a large deficit al- ready existing, and this was likely to in- crease from tlie condition of the country at that time. The measure was opposed, however, by some who thought that greater economy in expenditures would relieve the Treasury, while others denounced it as an attempt " to start a Treasury bank." " However, an act was approved October 12, 1837, authorizing an issue of $10,000,- 000 in Treasury notes in denominations not less than fifty dollars, redeemable in one year from date, with interest at rates fixed by the Secretary, not exceed- ing 6 per cent. These notes, as usual, were receival)le in payment of all duties and taxes levied by tlie United States, and in payment for ])ublic lands. Prior to 184(), the issue of notes of this character amounted to $47,002,000, bearing interest at rates varying from one-tenth of one ])cr cent, to 6 per cent. To provide in part for their redemption, autliority was granted for the negotiation of several loans, and $21,021,0!l4 was borrowed for tills pur])Ose, bonds l)eing issued i'or a like Ruin, bearing interest at from o to G p(!r cent., redeema- ble at specified dates. These bonds were sold at from 2} per cent, discount to 3^ per cent, premium, and redeemed at from par to 10} y)er cent, advance. " War witli .Mexico was declared May 13, 1840, and in ordt;r to provido against a deficiency a further issue of $10,000,000 in Treasury notes was authorized by act of July 22, 1846, under the same limitations and restrictions as were contained in the act of October, 1837, except that the authority given was to expire at the end of one year from the passage of the act. The sum of $7,687,800 was issued in Treasury notes, and six per cent, bonds having ten years to run were issued under the same act to the amount of $4,999,149. These were sold at a small advance, and redeemed at various rates from par to eighteen and two-thirds per cent, premium. " The expenses incurred on account of the war with Mexico were much greater than the original estimates, and the failure to provide additional revenues sufficient to meet the increased demands made a new loan necessary, as well as an additional issue of notes, wliieh had now become a popular method of obtaining funds. Under the authority granted by act of January 28, 1847, Treasury notes to the amount of $26,122,100 were issued at par, redeemable one and two years from date, with interest at from 5 2-5 to 6 per cent. More money still being needed, a 6 per cent, loan, hav- ing twenty years to run, was placed upon the market, under the authority of the same act, and bonds to the amount of $28,- 230,350 were sold at various rates, ranging from par to 2 per cent, premium. Of this stock the sum of $18,815,100 was redeemed at an advance of Irom li to 211 per cent., the premium jjaid (excUisive of commis- sions) amounting to $3,466,107. Under the act of March 31, 1848, 6 per cent, bonds, running twenty years, were ii-sucd to the amount of $16,(k)0,000, and sold at a premium ranging from 3 to 4.05 per cent. This loan was made for the same purpose as the preceding one, and $7,091,658 was redeemed by purchase at an advance ranging from 8 to 22.46 per cent., the premium paid amounting to $1,251,258. " The widespread depression of trade and commerce which occurred in 1857 was severely felt by the Government, as well as by the people, and so great was the de- crease in the revenues from customs that it became absolutely necessary to provide the Treasury with additional means for meeting the demands upon it. Treasury notes were considered as preferable to a new loan, and by the act of December 23, 1857, a new issue was authorized for such an amount as the exigencies of the public service might require, but not to exceed at any one time $20,000,000. These notes were receival)le in payment for all debts due the United States, including customs, and were issued at various rates of inter- est, ranging from 3 to 6 per cent., to the amount of $52,778,900, redeemable one year irom date, the interest to cease at the cxpiratiou of sixty days' notice after BOOK I.] HISTORY OF THE NATIONAL LOANS 251 maturity. In May, 1858, the Secretary of the Treasury informed Congre.s.s tliat, owing to the ai)iiro[)riation.s having been inereaseil by h'gishitioii nearly ^10,0(10,000 over the estimates, while the customs revenue had fallen off to a like amount, it would be necessary to jjrovide some means to meet the deficit. In these circumstances, a new loan was authorized by act of June 14, 18-)8, and 5 per cent, bonds amounting to $20,000,000, redeemable in fifteen years, were sold at an average premium of over 81 per cent. Under the act of December 17, 1873, 813,9r)7,000 in bonds of the loan of 1881, and $2(30,000 in bonds of a h)an of 19)7, were issued in exchange for a like amount of bonds of this loan. " The act of June 22, 1860, authorized the President to l)orrow $21,000,000 on the credit of the United States, the money to be used only in the redemption of Trea- sury notes, and to replace any amount of such notes in the Treasury which should have been paid in for public dues. Only $7,022,000 was borrowed at 5 per cent, in- terest, the certificates selling at from par to 1.45 per cent, premium. The failure to realize the whole loan was caused by the political troubles which culminated in the civil war. In September, bids were in- vited for $10,000,000, and the whole amount offered was speedily taken. It soon be- came evident, however, that war was inevi- table, and a commercial crisis ensued, dur- ing which a portion of the bidders forfeit- ed their deposits, and 'the balance of the loan was withdrawn from the market. Au- thority was granted by the act of Decem- ber 17, 1860, for a new issue of Treasury notes, redeemable in one year from date, but not to exceed $10,000,000 at any one time, with interest at such rates as might be offered by the lowest responsible bid- ders after advertisement. An unsuccess- ful attempt was made to pledge the receipts from the sale of public larfds specifically for their redemption. The whole amount of notes issued under this act was $10,010,- 900, of which $4,840,000 bore interest at 12 per cent. Additional offers followed, ranging from 15 to 36 per cent., but the Treasury declined to accept them. " Up to this period of our national exist- ence the obtaining of the money necessary for carrying on the GovcrnmeTit and the preservation inviolate of the public credit nad been comparatively an easy task. The people of the several States had contributed in proportion to their financial resources ; and a strict adherence to the fundamental maxim laid down by Hamilton had been maintained by a judicious system of taxa- tion to an extent ami)ly sufficient to pro- vide for the redemption of all our national securities as they became due. But the time had come when we were no longer a united people, and the meanS required for defraying the ordinary ex])enses of the Government were almost immediately cur- tailed and jeopardized l)y the attitude of the States whicli attempted to secede. The confusion which followed the inauguration of the administratimi of President Lincoln demonstrated the necessity of providing unusual resources without delay. A sys- tem of internal revenue taxation was in- troduced, and the tariff adjusted with a view to increased revenues from customs. As the Government had not only to exist and pay its way, but also to provide for an army and navy constantly increasing in numbers and equipment, new and extraor- dinary methods were resorted to for the purpose of securing the money which must be had in order to preserve the integrity of tlie nation. Among these were the issue of its own circulating medium in the form of United States notes* and circulating notes, t for the redemption of which the faith of the nation was solemnly pledged. New loans were authorized to an amount never before known in our history, and the success of our armies was assured by the determination manifested by the peo- ple themselves to sustain the Government at all hazards. A brief review of the loan transactions during the period covered by the war is all that can be attemi)ted within tlie limited space afforded this article. The first war loan may be considered as having been negotiated under the authority of an act approved February 8, 1861. The cred- it of the Government at this time was very low, and a loan of $18,415,000, having twenty years to run, with 6 per cent, inter- est, could only be negotiated at a discount of $2,019,776.10, or at an average rate of $89.03 per one hundred dollars. From this time to June 30, 1865, Government se- curities of various descriptions were issued under authority of law to the amount of $3,888,686,575, including the several issues of bonds, Treasury notes, seven-thirties, legal tenders and fractional currency. The whole amount issued under the same au- thority to June 30, 1880, was $7,137,646,836, divided as follows : Six per cent, bonds $1,130,279,000 Five per cent, bonds 196.118,300 Temporary loan certificates.. 969,992,250 Seven-thirty notes 716,099,247 Treasury notes and certifi- cates of indebtedness 1,074,713,132 Old demand notes, legal tend- ers, coin certificates and fractional currency 3,050,444,907 Total $7,137,646,836 "This increase may be readily accounted for by the continued issue of legal tenders, • rommonly sailed " Greenbacke," or " Legul Tender notes " f Uomiuonly called " Kational BauK notes." 252 AMERICAN POLITICS. [book I. compound interest notes, fractional cur- rency and coin certificates, together with a large amount of bonds issued in order to raise the money necessary to pay for mili- tary supplies, and other forms of indebted- ness growing out of the war. The rebel- lion was practically at an end in May, 1865, yet the large amount of money re- quired for immediate use in the payment and disbandment of our enormous armies ' necessitated the still further negotiation of ' loans under the several acts of Congress then in force, and it was not until after the 31st of August, 1865, that our national debt began to decrease. At that time the total indebtedness, exclusive of the " old funded and unfunded debt " of the Revo- lution, and of "cash in the Treasury, amounted to 82,844,646,626.56. The course of our financial legislation since that date has been constantly toward a reduction of the interest, as well as the principal of the public debt. " By an act approved March 3, 1865, a loan of $600,000,000 was authorized upon similar terms as had been granted for pre- vious loans, with the exception that no- thing authorized by this act should be made a legal tender, or be issued in smaller denominations than fifty dollars. The rate of interest was limited to 6 per cent, in coin, or 7.3 per cent, in currency, the bonds issued to be redeemable in not less than five, nor more tlian forty, years. Authority was also given for the conversion of Trea- sury notes or other interest-bearing obliga- tions into bonds of this loan. An amend- ment to this act was passed April 12, 1866, authorizing the Secretary of the Treasury, at his discretion, to receive any Treasury notes or other obligations issued under any act of Congress, whether bearing interest or not, in exchange for any description of bonds authorized by the original act ; and also to dispose of any such bonds, either in the United States or elsewhere, to such an amount, in such manner, and at such rates as he miglit deem advisable, for laAvful money, Treasury notes, certificates of in- debtedness, certificates of deposit, or other representativcsof value, which had been or might be issued under any act of Congress; the proceeds to be used only for retiring Treasury notes or other national obligations, j.rovidcd the public debt was not increased thereby. As this w;i.s the first iin])ortant measure presented to Congress since the close of the war tending to place our secu- rities upon a firm basis, the action of Con- gress in relation to it was looked forward to with a great deal of interest. The dis- cussion took a wide range, in whicli the Avliole finatKual administration of the CJo- vernment during the war was revi(!wed at Icngtli. After a lf)ng and exciting debate the bill finally passed, and was ai>i)roved by the President. Under the uulliority of these two acts, 6 per cent, bonds to the amount of $958,483,550 have been issued to date. These bonds were disposed of at an aggregate premium of $21,622,074, and un- der the acts of July 14, 1870, and January 20, 1871, the same bonds to the amount of $725,582,400 have been refunded into other bonds bearing a lower rate of interest. The success of these several loans was remarka- ble, every exertion being used to provide for their general distribution among the people. " In 1867 the first issue of 6 per cent, bonds, known as five-twenties, authorized by the act of Feb. 25, 1862, became re- deemable, and the question of refunding them and other issues at a lower rate of in- terest had been discussed by the Secretary of the Treasury in his annual rejiorts, but the agitation of the question as to the kinds of money in which the various obligations of the Government should be paid, had so excited the apprehension of investors as to prevent the execution of any refunding scheme. " The act to strengthen the public credit was passed March 18, 1869, and its effect was such as secured to the public the strong- est assurances that the interest and princi- pal of the public debt outstanding at that time would be paid in coin, according to the terms of the bonds issued, without any abatement. "On the 12th of January, 1870, a bill authorizing the refunding and consolidation of the national debt was introduced in the Senate, and extensively debated in both Houses for several months, during which the financial system pursued by the Go- vernment during the war was freely re- viewed. The adoption of the proposed measure resulted in an entire revolution of the refunding system, under which the public debt of the United States at that time was provided for, by the transmission of a large amqunt of debt to a succeeding generation. The effect of this attempt at refunding the major portion of the public debt was fiir more successful than any si- milar effort on the i)art of any Government, so far as known. The act authorizing refunding certifi- cates convertible into 4 per cent, bonds, api^roved February 26, 1879, was merely intended for the benefit of parties of limit- ed means, and was simply a continuation of the refunding scheme authorized by previous legislation. " The period covered precludes any at- tempt toward reviewing the 02:)eration by which the immediate predecessor of the present Secretary reduced the interest on some six hundred millions of 5 and 6 per cent, bonds to 3', per cent. It is sale to say, however, that under the administration of the ])resent Secretary there will b<> no de- viation from. the original law laid down by i lamiltou. BOOK I.J REPUBLICAN FACTIONS. 253 James A. Garfield. James A. Garfield and Chester A. Ar- thur wore ])ublicly inaugurated President and Vice President of tlie United States Marcli 4, ISSl. President Garfield in his inaugural ad- dress promised full and equal ])rotection of the Constitution and the laws for the negro, advocated universal education as a safe- guard of sull'rage, and recijminended such an adjustiiioiit of our monetary system "that the ])urchasing power of every coined dollar will be exactly equal to its del)t- paying power in all the markets of the world." The national debt should be re- funded at a lower rate of interest, without compelling the withdrawal of the National Bank notes, polygamy should be prohibit- ed, and civil service regulated by law. An extra session of the Senate was opened March 4. On the 5th, the follow- ing cabinet nominations were made and confirmed: Secretary of State, James G. Blaine, of Maine ; Secretary of the Treas- ury, William Windom, of Minnesota; Secretary of the Navy, William H. Hunt, of Louisiana ; Secretary of War, Robert T. Lincoln, of Illinois ; Attorney General, Wayne MacVeagh, of Pennsylvania ; Post- master General, Thomas L. James, of New York ; Secretary of the Interior, Samuel J. Kirkwood, of Iowa. In this extra session of the Senate Vice President Arthur had to employ the cast- ing vote on all questions where the parties divided, and he invariably cast it on the side of the Re])ul)lican3. The evenness of the parties caused a dead-lock on the ques- tion of organization, for when David Davis, of Illinois, voted with the Democrats, the Republicans had not enough even with the Vice President, and he was not, therefore, called upon to decide a question of that kind. The Republicans desired new and Republican oflicers ; the Democrats de- sired to I'etain the old and Democratic ones. RepnMlcan Factions. President Garfield, March 23d, sent in a large number of nominations, among which was that of William H. Robertson, the leader of the Blaine wing of the Republi- can party in New York, to be Collector of Customs. He had previously sent in five names for prominent places in New York, at the suggestion of Senator Conkling, who had been invited by President Garfield to name his friends. At this interview it was stated that Garfield casually intimated that he would make no immediate change in the New York Collectorship, and both fic- tions seemed satisfied to allow Genl Edwin A. Merritt to retain that place for a time at least. There were loud protests, however, at the first and early selectiou-of the friends of Senator Conkling to five important places, and these jjrotests were heeded by the President. With a view to meet them, and, doubtless, to quiet the spirit of faction rapidly develoiiing between the Grant and anti-Grant elements of the party in New York, the name of Judge Robertson was sent in for the Collectorship. He had bat- tled against the unit rule at Chicago, dis- avowed the instructions of his State Con- vention to vote for Grant, and led the Blaine delegates from that State while Blaine was in the field, and when with- drawn went to Garfield. Senator Conklin» now sought to confirm his friends, and hold back his enemy from confirmation; but these tactics induced Garfield to withdraw the nomination of Conkling's friends, and in this way Judge Robertson's name was alone presented for a time. Against this course Vice-President Arthur and Senators Conkling and Piatt remonstrated in a let- ter to the President, but he remained firm. Senator Conkling, under the plea of " the privilege of the Senate," — a courtesy and custom which leaves to the Senators of a State the right to say who shall be con- firmed or rejected from their respective States if of the same party — now sought to defeat Robertson. In this battle he had arrayed against him the influence of his great rival, Mr. Blaine, and it is jjresumed the whole power of the administration. He lost, and the morning following the secret vote. May 17th, 1881, his own and the resignation of Senator Piatt were read. These resignations caused great excitement throughout the entire country. They were prepared without consultation M'ith any one — even Vice-President Arthur, the in- timate friend of both, not knowing any- thing of the movement until the letters were opened at the chair where he pre- sided. Logan and Cameron — Conkling's colleagues in the great Chicago battle — were equally unadvised. The resignations were forwarded to Gov. Cornell, of New York, who, by all permissible delays, sought to have them reconsidered and withdrawn, but both Senators were firm. The Senate confirmed Judge Robertson for Collector, and General Merritt as Con- sul-General at London, May 18th, Pre>i- dent Garfield having wisely renewed the Conkling list of appointees, most of whom declined under the changed condition of affairs. These events more widely separated the factions in New York — one wing calling itself " Stalwart," the other "Half-Breed," a term of contempt flung at the Inde])en- dcnts by Conkling. Elections must follow to fill the vacancies, the New York Legis- lature being in session. The-ie vacancies gave the Democrats for the time control of the United States Senate, but tliey tliou^ht it unwise to pursue an advant.age which 254 AMERICAN POLITICS, [book I. would compel them to show their hands for or against one or other of the opposing Republican factions. The extra session of the Senate adjourned May 20th. The New York Legislature began ballot- ing for successors to Senators Conkling and Piatt on the 31st of May. The majority of the Republicans (Independents or " Half- breeds ") supported Chauncey M. Depew as the successor of Piatt for the long term, and William A. Wheeler as the successor of Conkling for the short term, a few sup- porting Cornell. The minority (Stalwarts) renominated Messrs. Conkling and Piatt. The Democrats nominated Francis Kernan for the long term, and John C. Jacobs for the short term ; and, on his withdrawal, Clarkson N. Potter. The contest lasted until July 22, and resulted in a compro- mise on Warner A. Miller as Piatt's suc- cessor, and Elbridge G. Lapham as Conk- ling's successor. In Book VII., our Tabu- lated History of Politics, we give a correct table of the ballots. These show at a sin- gle glance the earnestness and length of the contest. The factious feelings engendered thereby were carried into the Fall nominations for the Legislature, and as a result the Demo- crats obtained control, which in part they subsequently lost by the refusal of the Tammany Democrats to support their nominees for presiding officers. This De- mocratic division caused a long and tire- some deadlock in the Legislature of New York. It was broken in the Hoixse by a promise on the part of the Democratic candidate for Speaker to favor the Tam- many men with a just distribution of the committees — a promise which was not satisfactorily carried out, and as a result the Tammany forces of the Senate joined hands with tiie Republicans. The Repub- lican State ticket would also have been lost in the Fall of ISSl, Init for the inter- position of President Arthur, who quickly succeeded in uniting the warring factions. This work was so well done, that all save one name on the ticket (Gen'l Husted) succeeded. The same factious spirit was manifested in Pennsylvania in the election of U. S. Senator in the winter of 1881, the two wings taking the names of " Regulars" and " In- dependents." The division occurred be- fore the New York battle, and it is trace- able not alone to the bitter nominating contest at Cliicago, but to the administra- tion of President Hayes and the experi- ment of civil service reform. Administra- tions which are not decided and firm upon political issues, invariably divide their j):irti('s, and while these divisions are not always to be deplored, and sometimes ]eaie ; ]\Iapes, Venango ; McKee, Philadelphia; Slack, Allegheny; Stubs, Chester; Niles, Tioga; and Derickson, Crawford. For the Regulars: Senators Greer, Butler; Herr, Dauphin; Smith, Philadelphia; Kecfer, Schuylkill; Cooper, Delaware; Representatives Pollock, Phila- delphia; ]\Ioore, Allegheny; ^Marsliall, Huntingdon; Hill, Indiana; Eshlenian, Lancaster; Thomson, Armstrong; and Billingsley, Washington. The joint convention held daily sessions and balloted without result until February 256 AMERICAN POLITICS. [booe I. 22d, when John I, Mitchell, of Tioga, Congressman from the 16th district, was unanimously agreed upon as a compro- mise candidate. He was nominated by a full Republican caucus on the morning of February 23d, and elected on the first bal- lot in joint convention on that day, the vote standing: Mitchell, 150 j "Wallace, 92 ; MacVeagh, 1; Brewster, 1. The spirit of this contest continued until fall. Senator Davies, a friend of Mr. Grow, was a prominent candidate for the Repub- lican nomination for State Treasurer. He was beaten by General Silas M. Baily, and Davies and his friends cordially made Baily's nomination unanimous. Charles S. Wolfe, himself the winter before a can- didate for United States Senator, was dis- satisfied. He suddenly raised the Inde- pendent flag, in a telegram to the Phila- delphia Press, and as he announced was "the nominee of a convention of one" for State Treasurer. After a canvass of re- mai-kable energy on the jDart of Mr. Wolfe, General Baily was elected, without sufler- ing materially from the division. Mr. Wolfe obtained nearly 50,000 votes, but as almost half of them were Democratic, the result was, as stated, not seriously affected. The Independents in Pennsylvania, however, were subdivided into two wings, known as the Continental and the Wolfe men — the former having met since the election last fall, (State Senator John Stewart, chairman) and proclaimed them- selves willing and determined to abide all Republican nominations fairly made, and to advocate " reform within the party lines." These gentlemen supported Gen. Baily and largely contributed to his suc- cess, and as a rule they regard with dis- favor equal to that of the Regulars, what is known as the Wolfe movement. These divisions have not extended to other States, nor have they yet assumed the shai)e of third parties unless Mr. Wolfe's individual canvass can be thus classed. Up to this writing (March 10, 1882,) neither wing has taken issue with President Arthur or his appointments, though there were some temporary indications of this when Attor- ney General ]\IacVeagh, of Pennsylvania, persisted in having his resignation ac- cepted. President Arthur reiiised to ac- cept, on the ground that he desired Mac- Veagli's services in the prosecution c)f the Star Route cases, and ^Ir. MacVeagh with- drew for personal and other reasons not yet fully exidained. In tliis game of po- litical fence the j)osition of the President was greatly strengtlicned. Singularly enough, in the only two States where factious divisions have been recently manifested in the Republican ranks, they effected almost if not quite as seriously the Democratic party. There cau be but one deduction drawn from this, to wit: — That a number in both of the great parties, were for the time at least, weary of their allegiance. It is possible that nothing short of some great issue will restore the old partisan unity, and partisan unity in a Republic, where there are but two great parties, is not to be deplored if relieved of other than mere political dif- ferences. The existence of but two great parties, comparatively free from factions, denotes government health; where divi- sions are numerous and manifest increas- ing growth and stubbornness, there is grave danger to Republican institutions. We need not, however, philosophize when Mexico and the South American Repub- lics are so near. The Caucns. Both the "Independents" of Pennsyl- vania and the " Half- Breeds " of New York at first proclaimed their opposition to the caucus system of nominating candidates for U. S. Senators, and the newsi)apers in their interest wrote as warmly for a time against " King Caucus" as did the dissat- tisfied Democratic journals in the days of De Witt Clinton. The situation, hoAvever, was totally diflerent, and mere declamation could not long withstand the inevitable. In Pennsylvania almost nightly " confer- ences " were held by the Independents, as indeed they were in New York, though in both States a show of hostility was kept up to nominating in party caucus men who were to be elected by representative, more plainly legislative votes. It was at first claimed that in the Legislature each man ought to act for himself or his constituents, but very shortly it was found that the cau- cuses of the separate wings were as binding upon the respective wings as they could have been upon the whole. Dead-locks were interminable as long as this condition of affairs obtained, and hostility to the caucus system was before very long quietly discouraged and finally ilatly abandoned, for each struggle was ended l)y the ratifi- cation of a general caucus, and none of them could have been ended without it. The several attempts to find oilier means to reach a result, only led the })articipants farther away from the true principle, under re])ublican ibrms at least, of the right of ihe majority to rule. In Pennsylvania, when Mr, Oliver withdrew, fifty of his friends assembled and informally named (Jeneral Beaver, and by this action sought to bind the original 95 friends of Oliver. Their conduct was excused by the plea that they represented a. majority of their fac- tion. It failed to bind all of the original nundjcr, though some of the Independents were won. The Independents, rather the original 4-1, bound themselves in writing not to change their course of action unless BOOK I.] THE CAUCUS. 257 there was secured the previous concurrence of two-thirds, und this i)rinciple was ex- tended to thtr 50 wlio supported Mr. Bayue. Then when the joint connnittee of 24 was agreed upon, it was bound by a rule re- quiring three-foiirtlis to recomineiid a can- aidate. All of these were jtlain departures from a great principle, and the deeper tlie contest Decanie, the greater the departure. True, these were but voluntary forms, but they were indefensible, and arc only re- ferred to now to show the danger of mad assaults upon great principles when per- sonal and factious aims arc at stake. Op- position to the early Congressional caucus was plainly right, since one department of the Government was by voluntary agencies actually controlling another, while the law gave legal forms which could be more pro- perly initiated through voluntary action. The writer believes, and past contests all confirm the view that the voluntary action can only be safely employed by the power by the law with the right of selection. Thus the people elect township, county and State officers, and it is their right and duty by the best attainable voluntary action to indicate their choice. This is done through the caucus or convention, the latter not differing from the former save in extent and possibly breadth of representation. The same rule applies to all offices elective by the people. It cannot properly apply to appointive offices, and while the attempt to apply it to the election of U. S. Senators shows a strong desire on the part, frequently of the more public-spirited citizens, to ex- ercise a greater share in the selection of these officers than the law directly gives them, yet their representatives can very properly be called upon to act as they would act if they had direct power in the pre- mises, and such action leads them into a party caucus, Avhere the will of the majority of their respective parties can be fairly ascertained, and when ascertained re- spected. The State Legislatures appoint U. S. Senators, and the llepresentatives and Senators of the States are bound to consider in their selection the good of the entire State. If this comports with the wish of their respective districts, very well ; if it does not, their duty is not less plain. Probably the time will never come when the people will elect United States Senators ; to do that is to radically change the Federal system, and to practically de- stroy one of the most important branches of the Government ; yet he is not a careful observer who does not note a growing dis- Iiosition on the part of the people, and argely the people of certain localities, and imaginary political sub-divisions, to control these selections. The same is true of Presidential nominations, where masses of people deny the right of State Conventions to instruct their delegates-at-large. In 17 many States the people composing either of the great parties now select their own representative delegates to National Conventions, and where their selections are not respected, grave party danger is sure to follow. There is nothing wrong in this, since it points to, and is but paving the way for a more popular selection of Presidents and Vice Presidents — to an eventual selection of Presidential electors probably by Congressional districts. Yet those to be selected at large must through jiractical voluntary forms be nominateil in that way, and the partisan State Conven- tion is the best method yet devised for this work, and its instructions should be as binding as those of the people upon their representatives. In this government of ours there is voluntary and legal work delegated to the people directly ; there is legal work delegated to appointing powers, and an intelligent discrimination should ever be exercised between the two. " Ren- der unto CiBsar those things which are Cnesar's," unless there be a plain desire, backed by a good reason, to promote popu- lar reforms as enduring as the practices and principles which they are intended to support. Fredrick W. Whitridge, in an able re- view of the caucus system published * in La- lor's Enajclopcedia of Political Science, says : "A caucus, in the political vocabulary of the United States, is primarily a private meeting of voters holding similar views, held prior to an election for the purpose of furthering such views at the election. With the development of parties, and the rule of majorities, the caucus or some equivalent has become an indispensable- adjunct to party government, and it may now bo defined as a meeting of the majority of the electors belonging to the same party in any political or legislative body held' jireliminary to a meeting thereof, for the purpose of selectins; candidates to be voted for, or for the purpose of de- termining the course of the party at the meeting of the whole body. The candidates of each party are univer- sally selected by caucus, either directly or- indirectly through delegates to conven- tions chosen in caucuses. In legislative bodies the course of each party is often predetermined with certainty in caucus, and often discussion between parties has been, in consequence, in some degree superseded. The caucus system is, in short, the basis of a complete electoral system which has grown up within each party, side by side with that which is alone- contemplated by the laws. This condition has in recent years attracted much atten- tion, and has been lutterly announced a» an evil. It was, however, early foreseen. John Adams, in ISU. wrote in the "Tenth * By Rand A McXally, CliicagL., III., 1881 258 AMERICAN POLITICS. [boos I. Letter on Grovernment :" " They have invented a balance to all balance in their caucuses. We have congressional caucuses, state caucuses, county caucuses, city cau- cuses, district caucuses, town caucuses, parish caucuses, and Sunday caucuses at church doors, and in these aristocratical caucuses elections have been decided." The caucus is a necessary consequence of majority rule. If the majority is to define the policy of a pai'ty, there must be some method within each party of ascertaining the mind of the majority, and settling the party programme, before it meets the op- posing party at the polls. The Carlton and Keform clubs discharge for the Tories and Liberals many of the functions of a congressional caucus. Meetings of the members of the parties in the reichstag, the corps legislatif and the chamber of deputies are not unusual, although they have generally merely been for consulta- tion, and neither in England, France, Germany or Italy, has any such authority been conceded to the wish of the majority of a party as we have rested in the deci- sion of a caucus. What has been called a caucus has been established by the Liberals of Birmingham, England, as to which, see a paper by W. Eraser Eae, in the " International Review " for August, 1880. The origin of the term caucus is obscure. It has been derived from the Algonquin word Kaic-kaw-wus — to con- sult, to speak — but the more probable derivation makes it a corruption of caulkers. In the early politics of Boston, and particularly during the early difficul- ties between the townsmen and the British troops, the seafaring men and those em- ployed about the ship yards were promi- nent among the town-people, and there were numerous gatherings which may have very easily come to be called by way of reproach a meeting of caulkers, after the least influential class who at- tended them, or from the caulking house or caulk house in which they Avere held. What was at first a derisive descrijjtion, came to be an appellation, and the gather- ings of so-called caulkers became a cau- cus. John Pickering, in a vocabulary of words and phrases peculiar to the United States (Hoston, 181G), gives this derivation of the word, and says sevend gentlemen mentioned to him that they had he:ird this derivation. Gordon, writing in 1774, flays: "More than fifty years ago Mr. Samuel Adams' father and twenty others, one or two from the north end of the town i where all the shin business is carried on, used to meet, make a caucus and lay their ] plan for introdncing certain persons into places of trust and power. When they had settled it they separated, and each used their particular influence within his own circle. lie and his friends would furnish I themselves with ballots, including the names of the parties fixed upon, which ! they distributed on the days of election. j By acting in concert, together with a care- j ful and extensive distribution of ballots, ■ they generally carried their elections to their own mind. In like manner it was that Mr. Samuel Adams first became a representative for Boston." [History oj the American Revolution, vol. i., p. 365.) February, 1763, xVdams writes in his diary : " This day I learned that the cau- cus club meets at certain times in the gar- ret of Tom Dawes, the adjutant of the Bos- ton regiment. He has a large house and he has a movable partition in his garret which he takes down and the whole club meets in his room. There they smoke tobacco until they cannot see one end of the room from another. There they drink flip, I suppose, and there they choose a moderator who puts questions to the vote regularly ; and selectmen, assessors, col- lectors, wardens, fire wards and representa- tives are regularly chosen in the town. Uncle Fairfield, Story, Euddock, Adams, Cooper, and a rudis indigestaques moles ot others, are members. They send commit- tees to wait on the merchants' club, and to propose in the choice of men and measures. Captain Cunningham says, they have of- ten solicited him to go to the caucuses ; they have assured him their benefit in his business, etc." (Adams^ li'orks, vol. ii., p. 144.) Under the title caucus should be considered the congressional nominating caucus ; the caucuses of legislative assem- blies ; primary elections, still known out- side the larger cities as caucuses ; the evils which have been attributed to the latter, and the remedies which have been pro- posed. These will accordingly be men- tioned in the order given. " The democratic system is the result of the reorganization of the various anti- Tammany democratic factions, brought about, in 1881, by a practically self-ap- pointed committee of 100. Under this sys- tem primary elections are to be held annu- ally in each of G78 election districts, at which all democratic electors resident in the respective districts may particii)ate, pro- vided they were registered at the last gene- ral election. The persons voting at any primary shall be members of the election district association for the ensuing year, which is to be organized in January of each yciir. The associations may admit demo- cratic residents in their respective districts, who are not members, to membership, and they have gi'ueral supervision of the inte- rests of the jiiirty within their districts. Primaries are held on not less than four days' j)ublic notice, through the newspa- pers, of the time and place, and at the ap- j)ointcd time the meeting is called to order oy the chairman of the election district as- BOOK I.] THE CAUCUS. 259 Bociation, provided twenty persons be pre- sent; if tliiit number shall not be present, the ineetin,!^ may be called to order with a less number, at the end of iifteen minutes. Tlie first business of the meetinu; is to se- lect a chairman, and all elections of dele- gates or committeemen shall take [dace in open meetinsi;. Each person, as he oilers to vote, states his name and residence, which may be compared with the rej^istration list at the last election, and each person shall state for whom he votes, or he may hand to the judges an open ballot, having designated thereon the persons for whom lie votes, and for what positions. Nominations are all made l)y conventions of delegates from the districts within which the candidate to be cho en is to be voteil for. There is an as- sembly district committee in each assembly district, com|)osed of one delegate for each 100 votes or fraction thereof, from each election district within the assembly dis- trict. There is also a county committee composed of delegates from each of the as- sembly district committees. The function of these committees is generally to look af- ter the interests of the parties within their respective spheres. This system is too new ff)r its workings to be as yet fairly criti- cised. It may prove a really popular sys- tem, or it may prove only an inchoate form of the other systems. At present it can only be said that the first primaries under it were participated in by 27,000 electors. "The evils of the caucus and primary election systems lie in the stringent obliga- tion which is attached to the will of a for- m:il majority ; in the fact that the process of ascertaining what the will of the major- ity is, has been surrounded with so many restrictions that the actual majority of votes are disfranchised, and take no part in that process, so that the formal majority is in consequence no longer the majority in fact, although it continues to demand recogni- tion of its decisions as such. " Tlie separation between the organiza- tion and the party, between those who no- minate and those who elect, is the sum of the evils of the too highly organized cau- cus system. It has its roots in the notion that the majority is right, because it is the majority, which is the popular view thus expressed by Hammond : ' I think that when political friends consent to go into caucus for the nomination of officers, every member of such caucus is bound in honor to support and carry into effect its deter- mination. If you suspect that determina- tion will be so preposterous that you can- not in conscience support it, then you ought on no account to become one of its mem- bers. To try your chance in a caucus, and then, because your wishes are not gratified, to attempt to defeat the result of the deli- beration of your friends, strikes me as a palpable violation of honor and good faith. You caucus for no other possible purpose than under the implied argument that the opinion and wishes of the minority shall i»e yielded to the opinions of the majority, and the sole object of caucusing is to ascertain what is the will of the majority. I repeat that unless you intend to carry into effect the wishes of the nuijority, however con- trary to your own, you have no business at a caucus.' (Political I/uifori/ of New York, vol. i., p. 192). — In accordance with this theory, the will of the majority becomes obligatory as soon as it is made known, and one cannot assist at a caucus in order to ascertain the will of the majority, without thereby being bound to follow it; and the theory is so deeply rooted that, under the caucus and primary election system, it has been extended to cases in which the ma- jorities are such only in form. " The remedies as well as the evils of the caucus and nominating system have been made the subject of general discussion in co!inection with civil service reform. It is claimed that that reform, by giving to pub- lic officers the same tenure of their positions which is enjoyed by the employes of a cor- poration or a private business house, or during the continuance of efficiency or good behaviour, would abolish or greatly dimi- nish the evils of the caucus system by de- priving public officers of the illegitimate incentive to maintain it under which they now act. Other more speculative remedies have been suggested. It is pro])osed, on the one hand, to very greatly diminish the number of elective officers, and, in order to do away with the pre-determination of elec- tions, to restrict the political action of the people in their own persons to districts so small that they can meet together and act as one body, and that in all other affairs than those of these small districts " the })eople should act by delegates. The the- ory here seems to be to get rid of the ne- cessity for election and nominating ma- chinery. (See 'A True Republic,' by Al- bert Strickney, New York, 1879; and a se- ries of articles in Scrihner's Monthly for 1S81, by the same writer). On the other hand, it is proposed to greatly increase the number of elections, by taking the whole primary system under the protection of the law.* This plan proposes : 1. The direct nomination of candidates by the members of the respective political parties in place of nominations by delegates in conventions. 2. To apply the election laws to primary elections. 3. To provide that both politi- cal parties shall participate in the same primary election instead of having a differ- ent caucus lor each party. 4. To i)rovide for a final election to be held between two c;indidates, each representative of a party * This wns p.irtinlly done by the Legislature of Pennsylvania in 1881. 260 AMERICAN POLITICS. [book I. •wlio have been selected by means of the primary election. This plan would un- doubtedly do away with the evils of the present caucus system, but it contains no guarantee that a new caucus system would not be erected for the purpose of influ- encing ' the primarj' election ' in the same manner in which the present primary sys- tem now influences the final election. (See however ' The Elective Franchise in the United States,' New York, 1880, by D. C. McClellan. ) — The effective remedy for the evils of the caucus system will probably be found in the sanction of primary elections bylaw. * * * Bills for this purpose were introduced by the Hon. Erastus Brooks in the New York Legislature in 1881, which provided substantially for the system pro- posed by Mr. McClellan, but they were left unacted upon, and no legislative attempt to regulate primaries, except by providing for their being called, and for their pro- cedeure, has been made elsewhere. In Ohio what is known as the Baber law pro- vides that where any voluntary i)olitical association orders a primary, it must be by a majority vote of the central or control- ling committee of such party or association ; that the call must be published for at least five days in the newsjjapers, and state the time and place of the meeting, the autho- rity by which it was called, and the name of the person who is to represent that au- thority at each poll. The law also provides for challenging voters, for punishment of illegal voting, and for the bribery or inter- vention of elect( rs or judges. (Hev. /Stat. Ohio, sees. 2916-2921.) A similar law in Missouri is made applicable to counties only of over 100,000 inhabitants, but by this law it is made optional with the volun- tary political association whether it will or not hold its primaries under the law, and if it does, it is provided that the county shall incur no expense in the conduct of such elections. (Latvs of Missouri, 1815, p. 54.) A similar law also exists in Cali- fornia. {Laws of California, 1865-1866, p. 438.) These laws comprise all the existing legislation on the .subject, except what is known as the Landis Bill of 1881, which requires primary ofl[icers to take an oath, and which punishes fraud." Assasulnatlon of President Garfleld. At 9 o'clock on the morning of Satur- day, July 2d, 1881, President Garfield, ac- companied by Secretary Blaine, left the Executive Mansion to take a special train from the Baltimore and Potomac depot for New England, where he intended to visit the college from wliich lie harsist- ent apj)licant for an oflice, who had .some time previously entered through the main door, advanced to the centre of the room, and having reached within a few feet of his victim, fired two shots, one of which took fatal effect. The bullet was of forty- four calibre, and striking the President about four inches to the right of the spinal column, struck the tenth and badly shat- tered the eleventh rib. The President sank to the floor, and was conveyed to a room where temporary conveniences were attainable, and a couch was improvised. Dr. Bliss made an unsuccessful effort to find the ball. The shock to the President's system was very severe, and at first appre- hensions were felt that death would ensue speedily. Two hours after the shooting, the physicians decided to remove him to the Executive Mansion. An army ambu- lance was procured, and the removal ef- fected. Soon after, vomiting set in, and the patient exhibited a dangerous degree of prostration, which threatened to end speed- ily in dissolution. This hopeless condition of affiiirs continued until past midnight, when more favorable symptoms were ex- hibited. Dr. Bliss was on this Sunday morning designated to take charge of the case, and he called Surgeon -General Barnes, Assistant Surgeon-General Wood- ward, and Dr. Reyburn as consulting phy- sician. To satisfy the demand of the country, Drs. Agnew, of Philadelphia, and Hamilton, of New York, were also sum- moned by telegraph, and arrived on a special train over the Pennsylvania Rail- road, Sunday afternoon. For several days immediately succeeding the shooting, the patient suffered great inconvenience and j)ain in the lower limbs. This created an apprehension that the spinal nerves had been injured, and death was momentarily expected. On the night of July 4th a favorable turn was observed, and the morn- ing of the 5th brought with it a vague but undefined hope that a favorable issue might ensue. Under this comforting con- viction, Drs. Agnew and Hamilton, after consultation with the resident medical at- tendants, returned to their homes ; first having published to the country an in- dorsement of the treatment inaugurated. During July 5th and 6[h the j)at ent con- tinued to improve, the ])ulse anu- rance to New Yorkers that the leader hated by one side and loved by the other, should 1)0 renu)ved from partisan politics peculiar to his own State, but removed with the dignity and honor becoming his high abilities. It has ever been tlie policy of wise adniini.strations, as with wise gene- rals, to care for the wounded, and Conk- ling was surely and .sorely wounded in his battle against tlie confirmation of Robert- son iind his attempted re-election to the Senate. He accepted the situation with BOOK I.] THE READJUSTERS. 263 quiet composure, and saw his friend Ar- tnur unite the ranks which his resignation had sundered. After this there remained little if any cause for further quarrel, and while in writing history it is dangerous to attemj)t a prophecy, the writer believes that President Arthur will succeed in keeping liis party, if not fully united, at least as compact as the opposing Democra- tic forces. Tlte Readjuatera. This party was founded in 1878byGen'l William Mahone, a noted Brigadier in the rebel army. He is of Scotch-Irish de- scent, a man of very small stature but most remarkable energy, and acquired wealth in the construction and develop- ment of Southern railroads. He sounded the first note of revolt against what he styled the Bourbon rule of Virginia, and being classed as a Democrat, rapidly di- vided that party on the question of the Virginia debt. His enemies charge that he sought the repudiation of this debt, but in return he not only denied the charge, but said the Bourbons were actually re- pudiating it by making no provision for its payment, either in appropriations or the levying of taxes needed for the pur- jjose. 'Doubtless his views on this ques- tion have undergone some modification, and that earlier in the struggle the uglier criticisms were partially correct. Certain it is that he and his friends now advocate full payment less the proportion equitably assigned to West Virginia, which sepa- rated from the parent State during the war, and in her constitution evaded her responsibility by declaring that the State should never contract a debt except one created to resist invasion or in a war for the government. This fact shows how keenly alive the West Virginians were to a claim which could very justly be pressed in the event of Virginia being restored to the Union, and this claim Gen'l Mahone has persistently pressed, and latterly urged a funding of the debt of his State at a 3 per cent, rate, on the ground that the State is unable to pay more and that this is in ac- cord with proper rates of interest on the bonds of State governments — a view not altogether fair or sound, since it leaves the creditors powerless to do otherwise than accept. The regular or Bourbon Demo- crats proclaimed in favor of lull payment, and in this respect differed from their party associates as to ante-war debts in most other Southern States. Gen. Mahone rapidly organized his re- volt, and as the Republican ]iarty was then in a hopeless minority in Virginia, public- ly invited an alliance by the passage of a platform which advocated free schools for the blacks and a full enforcement of the National laws touching their civil rights. The Legislature was won, and on the Itjtli of December, 1880, Gen'l Mahone wa.s elected to the U. S. Senate to succeed Sen- ator AVithers, whose term expired March 4, 1881. In the Presidential campaign of 1880, the Readjusters supj)orted Gen'l Hancock, but on a separate electoral ticket, while the Republicans sui)j)orted Garfield on an electoral ticket of their own selection. Tills division was i)ursuant to an under- standing, and at the time thought advi- sable by Mahone, who, if his electors won, could go for Hancock or not, as circum- stances might suggest ; while if he failed the Republicans might profit by the sepa- ration. There was, however, a third horn to this dilemma, for the regular Democratic electors were chosen, but the political comjjlexion of the Legislature was not changed. Prior to the Presidential nomi- nations Mahone's Readjuster Convention had signified their willingness to support Gen'l Grant if he should be nominated at Chicago, and this fact was widely quoted by his friends in their advocacy of Grant's nomination, and in descanting upon his ability to carry Southern States. The Readjuster movement at first had no other than local designs, but about the time of its organization there was a great desire on the part of the leading Republi- cans to break the ''Solid S(mth," and every possible expedient to that end was suggested. It was solid for the Democratic party, and standing thus could with the aid of New York, Indiana and New Jersey (them all Democratic States) assure the election of a Democratic President. One of the favorite objects of President Hayes was to break the " Solid South." He first obtained it by conciliatory speech- es, which were so conciliatory in fact that they angered radical Republicans, and there were thus threatened division in un- expected quarters. He next tried it through Gen'l Key, whom he made Post- master General in tlie hope that he could resurrect and reorganize the old Whig elements of the South. Key was to attend to Southern postal patronage with this end in view, while Mr. Tener, his able First As- sistant, was to distribute Northern or Re- publican jjatronage. So far as dividing the South was concerned, the scheme was a flat failure. The next and most quiet and effectual effort was made by Gen'l Simon Cameron, Ex-Senator from Pennsylvania. He started on a brief Southern tour, ostensibly for liealth and enjoyment, but really to meet Gen'l Mahone, his leading Reatljustor friends, and the leading Republicans. Conferences were held, and the union of the two forces was made to embrace Na- tional objects. This was in the J'all of 1879. 264 AMERICAN POLITICS. [book I. Not long thereafter Gen'l ilahone consult- ed with Senator J. Don. Cameron, who was of course familiar with his father's movements, and he actively devised and carried out schemes to aid the new combi- nation by Avhich the "Solid South "was to be broken. In the great State campaign of 1881, when the Bourbon and anti- Bour- bon candidates for Governor, were stump- ing the State, Gen'l Mahone found that a large portion of his colored friends were handicapped by their inability to pay the taxes imposed upon them by the laws of Virginia, and this threatened defeat. He sought aid from the National administra- tion. President Garfield favored the com- bination, as did Secretary Windom, but Secretary Blaine withheld his support for several months, finally, however, acceding to the wishes of the President and most of the Cabinet. Administration influences caused the abandonment of a straight-out Republican movement organized by Con- gressman Jorgensen and others, and a movement which at one time threatened a disastrous division was overcome. The tax question remained, and this was first met by Senator J. Don. Cameron, who while summering at Manhattan Island, was really daily engaged in New York City raising funds for Mahone, with which to pay their taxes. Still, this aid was insuf- ficient, and in the heat of the battle the revenue officers throughout the United States, were asked to contribute. Many of them did so, and on the eve of election all taxes were paid and the result was the election of William E. Cameron (Read- juster) as Governor by about 20,000 ma- jority, with other State oflScers divided be- tween the old Readjusters and Republi- cans. The combination also carried the Legislature. In that great struggle the Readjusters became known as tlie anti-Bourbon move- ment, and efforts are now being made to extend it to other Southern States. It has taken root in South Carolina, Georgia, Tennessee, Arkansas, Mississij)pi, and more recently in Kentucky, where the Union War Democrats in State Convention as late as March 1, 1882, separated from the Bourbon wing of the party. For a better idea of these two elements in the South, the reader is referred to the recent speeches of Hi II and ]\Iahone in the me- morable Senate scene directly after the latter took the oath of office, and cast his vote with the Rej)ublicans. These speeches will be found in Book III of this volume. SupprcHHln^ MormnnlHin. Polygamy, justly denounced as " the true relic of b;irb;irism " while slavery ex- isted, has ever since the settlement of the Mormons in Utah, been one of the vexed questions in American politics. Laws passed for its sujjpression have proved, thus far, unavailing ; troops could not crush it out, or did not at a time when battles were Ibught and won ; United States Courts were powerless where juries could not be found to convict. Latterly a new and promising effort has been made for its sup- pression. This was begun in the Senate in the session of 1882. On the 16th of February a vote was taken by sections on Senator Edmunds' bill, which like the law of 1862 is penal in its provisions, but di- rectly aimed against the crime of poly- gamy. _ President Arthur signed the Edmunds anti-polygamy bill on the 23d of March, 1882. Delegate Cannon of Utah, was on the floor of the Senate electioneering against the bill, and he plead with some success, for several Democratic Senators made speeches against it. The Republicans were unanimously for the bill, and the Demo- crats were not solidly against it, though the general tenor of the debate on this side was against it. Senator Vest (Democrat) of Missouri, said that never in the darkest days of the rule of the Tudors and Stuarts had any measure been advocated which came so near a bill of attainder as this one. It was monstrous to contend that the people , of the United States were at the mercy of Congress without any appeal. If this bill passed it would establish a precedent that would come home to plague us for all time to come. The pressure against poly- gamy to-day might exist to-morrow against any church, institution or class in this broad land, and when the crested waves of prejudice and passion mounted high they would be told that the Congress of the United States had trampled upon the Con- stitution. In conclusion, he said : " I am prepared for the abuse and calumny that will follow any man wdio dares to criticise any bill against polygamy, and yet, if my oflicial life had to terminate to-morrow, I would not give my vote for the unconsti- tutional principles contained in this bill." Other speeches were made by Messrs. Mor- gan, Brown, Jones, of Florida, Saulsbury, Call, Pendleton, Sherman, and Lamar, and the debate was closed by ]\Ir. Edmunds .n an eloquent fifteen-minutes' speech, in which he carefully reviewed and contro- verted the objections urged against the bill of the committee. He showed great anxiety to have the measure disposed of at once and met a re- (jiiest from the Democratic side for a pos^ I"inement till other features should be em- bodied in the bills with the remark that this was the iioliey that h:id hitherto jiroven a hindrance to legislation on this subject BOOK I.] SUPPRESSING MORMONlSM. 265 and that he was tired of it. In the bill as amended the following section provoked more opposition than any other, although the Senators refrained from making any particular mention of it : " That if any male person in a Territory or other place over which the United States have exclu- sive jurisdiction hereafter cohabits with more than one woman he shall be deemed guilty of a misdemeanor, and on conviction thereof he shall be punished by a fine of not more than $300 or by imprisonment for not more than six months, or by both said punishments in the discretion of the court." The bill passed viva voce vote after a re-arrangement of its sections, one of the changes being that not more than three of the commissioners shall be mem- bers of the same party. The fact that the yeas and nays were not called, shows that there is no general desire on either side to make the bill a partisan measure. The Edmunds Bill passed the House March 14, 1882, without material amend- ment, the Republican majority, refusing to allow the time asked by the Democrats for discussion. The vote was 193 for to only 45 against, all of the negative votes being Democratic save one, that of Jones, Green- backer from Texas. The only question was whether the bill, as passed by the Senate, would accomplish that object, and whether certain provisions of this bill did not provide a remedy which was worse than the disease. Many Demo- crats thought that the precedent of inter- fering with the right of suffrage at the polls, when the voter had not been tried and convicted of any crime, was so dan- gerous that they could not bring them- selves to vote for the measure. Among these democrats were Belmont and Hew- itt, of New York, and a number of others equally prominent. But they all professed their readiness to vote for any measure which would affect the abolition of poly- gamy without impairing the fundamental rights of citizens in otter parts of the coun- try. THE TEXT OF THE BILL. Be it. enacted, &c., That section 5,352 of the Revised Statutes of the United States be, and the same is hereby amended so as to read as follows, namely : " Every person who has a husband or wife living who, in a Territory or other place over which the United States have exclusive jurisdiction, hereafter marries another, whether married or single, and any man who hereafter simultaneously, or on the same day, marries more than one woman, in a Territory or other place over which the United States has exclusive jurisdiction, isguilty of polygamy, and sliall be punished by a fine of not more than $500 and by imprisonment for a term of not more than five years ; but this section shall not extend to any person by reason (if any former marriage wliose husband or wife bv such marriage shall have been absent IbV five successive years, and is not known to such person to be living, and is believed Ijy such person to be dead, nor to any person by reason of any former marriage which shall have been dissolved by a valid de- cree of a competent court, nor to any per- son by rcasf)!! of any former marriage which shall have been pronounced void by a val- id decree of a competent court, on the ground of nullity of the marriage con- tract." Sec. 2. That the foregoing provisions shall not affect the prosecution or punish- ment of any offence already committed against the section amended by the first section of this act. Sec. 3. That if any male person, in a Territory or other place over which the United States have exclusive jurisdiction, hereafter cohabits with more than one wo- man, he shall be deemed guilty of a mis- demeanor, and on conviction thereof shall be punished by a fine of not more than $300, or by imprisonment for not more than six months, or by both said punish- ments in the discretion of the court. Sec. 4. That courts for any or all of the offences named in sections 1 and 3 of this act may be joined in the same information or indictment. Sec. 5. That in any prosecution for biga- my, polygamy or unlawful cohabitation under any statute of the United States, it shall be sufficient cause of challenge to any person drawn or summoned as a juiyman or talesman, first, that he is or has been living in the practice of bigamy, poly- gamy, or unlawful cohabitation with more than one woman, or that he is or has been guilty of an offence punishable by either of the foregoing sections or by section 5352 of the Revised Statutes of the United States or the act of July 1, 18G2, entitled " An act to punish and prevent the prac- tice of polygamy in the Territories of the United States and other places, and disap- proving and annulling certain acts of the Legislative Assembly of the Territory of Utah ;" or, second, that he believes it right for a man to have more than one living and undivorccd wife at the same time, or to live in the practice of cohabiting with more than one woman, and any person appear- ing or oifered as a juror or talesman and challenged on either of the foregoing grounds may be questioned on his oath as to the existence of any such cause of ehal- lenge, and other evidence may be intro- duced bearing upon the question raised by such challenge, and this question shall lie tried by the court. 15ut as to the first ground of challenge before mentioned the person challenged shall be bound to answer if he 266 •AMERICAN POLITICS. [book I. shall say upon his oath that he declines on the ground that his answer may tend to criminate himself, and if he shall answer to said first ground his answer shall not be given in evidence in any criminal prose- cution against him for any offense named in sections 1 or 3 of this act, but if he declines to answer on any ground he shall be rejected as incompetent. Sec. 6. That the President is hereby au- thorized to grant amnesty to such classes of ollenders guilty before the passage of this act of bigamy, polygamy, or unlawful cohabitation before the passage of this act, on such conditions and under such limita- tions as he shall think proper ; but no such amnesty shall have effect unless the condi- tions thereof shall be complied with. Sec. 7. That the issue of bigamous or polygamous marriages known as Mormon marriages, in cases in which such marriages have been solemnized according to the ceremonies of the Mormon sect, in any Territory of the United States, and such issue shall have been born before the 1st day of January, A. D. 1883, are hereby legitimated. Sec. 8. That no polygamist, bigamist, or any person cohabiting with more than one woman, and no woman cohabiting with any of the persons described as aibresaid in this section, in any Territory or other place over which the United States have ex- clusive jurisdiction, shall be entitled to vote at any election held in any such Territory or other place, or be eligible for election or appointment to or be entitled to hold any office or place of public trust, honor or emolument in, under, or for .such Territory or place, or under the United States. Sec. 9. That all the registration and election offices of every description in the Territory of Utah are hereby declared va- cant, and each and every duty relating to the registration of voters, the conduct of elections, the receiving or rejection of votes, and the canvassing and returning of the same, and the issuing of certificates or other evidence of election in said Terri- tory, .shall, until other provision be made by tlie Legislative Assembly of said Terri- tory as is hereinafter by this section pro- vided, be performed under the existing laws of the United States and of said Ter- ritory by [iroper persons, who shall l)e .-ip- pointed to execute such offices and ])errorm such duties by a board of five persons, to be appointed f)y the President, by and with the advice and consent of the Senate, and not more tlian three of whom shall l)e mem- bers of one i)olitical party, and a majlain and easy task. Mr. McPride says: Their first care on arriving in Utah was to erect a " free and lndei)endent State," called the " State of Deseret." It included in its nominal limits, not only all of Utah as it now is, but one-half of California, all of Nevada, part of Colorado, and a large portion of four other Territories now or- ganized. Prigham Young was elected Governor, and its departments, legislative find judicial, were fully organized and put into operation. Its legislative ads were styled "ordinances," and when Congress, disregarding the State organization, insti- tuted a Territorial (Tovernment for Utah, the legislative ])ody cho.sen by the Mor- mons adopted the ordinances of the " State of Deseret." JMany of these are yet on the statute book of Utah. They shciw con- clusively the domination of the ecclesiasti- cal idea, and how utterly insignificant in BOOK I.J SUPPRESSING MORMONISM. 267 comparison was the power of the civil authority. They incorjjorated the Moriiion Church into a body politic and corporate, and by the third section of the act gave it supreme authority over its members in everything temporal and spiritual, and as- signed as a reason for so doing that it was because the powers confirmed were in "support of morality and virtue, and were founded on the revelations of the Lord." Under this power to make laws and punish and forgive offenses, to hear and determine between brethren, the civil law was super- seded. The decrees of the courts of this church, certified under seal, have been ex- amined by the Avriter, and he found them exercising a jurisdiction without limit ex- cept that of appeal to the President of the church. That the assassinations of apos- tates, the massacres of the Morrisites at Morris Fort and of the Arkansas emigrants at Mountain Meadows, were all in pursu- ance of church decrees, more or less formal, no one actiuainted with the system doubts. This act of incorporation was passed Febru- ary 8, 1851, and is found in the latest com- pilation of Utah statutes. It is proper also to observe that, for many years after the erection of the Territorial Government by Congress, the " State of Deseret " organiza- tion was maintained by the Mormons, and collision was only prevented because Brig- ham was Governor of both, and found it unnecessary for his purpose to antagonize either. His church organization made both a shadow, while that was the sub- stance of all authority. One of the earli- est of their legislative acts was to organ- ize a Surveyor General's Department,' and title to land was declared to be in the per- sons who held a certificate from that ollice.^ Having instituted their own system of government and taken possession of the land, and assumed to distribute that in a system of their own, the next step was to vest certain leading men with the control of the timbers and waters of the country. By a series of acts granting lands, waters and timber to individuals, the twelve apostles became the practical proprietors of the better and more desirable portions of the country. By an ordinance dated Octo- ber 4, 18")1, there was granted to Brigham Young the "sole control of City Creek and Caflon for the sum of five hundred dollars." By an ordinance dated January 9, ISoO, the " waters of North Mill Creek and the waters of the Canon next north" were granted to Heber C. Kimball. On the same day was granted to George A. Smith the " sole control of the caiions and timber of the east side of the ' AVest ]\Iountains." On the 18th of January. 1851, the North Cottonwood Cafinn was granted exclusively to Williard Richards. On the 15th of Janu- > Act of March 2, 1850. *Act of January 19, 1866. ary, 1851, the waters of the "main chan- nel" of Mill Creek were donated to Brig- ham Young. On the 'Jth of December, 1850, there was granted to Ezra T. Benson the exclusive control of the waters of Twin Springs and Rock Springs, in Tooelle Val- ley; and on the 14th of January, 1851, to the same j)erson was granted the control of all the cafions of the " West Mountain " and the timber therein. By the ordinance of September 14, 1850, a " general con- ference of the Chunih of Latter Day Saints" was authorized to elect thirteen men to become a corporation, to be called the Emigrati(m Company ; and to this com- pany, elected exclusively by the church, was secured and appropriated the two islands in Salt Lake known as Antelope and Stansberry Islands, to be under the exclusive control of President Brigham Young. These examples are given to show that the right of the United States to the lands of Utah met no recognition by these people. They appropriated them, not only in a way to make the people slaves, but indicated their claim of sovereignty as superior to any. Young, Smith, iJenson and Kimball were apostles. Richards was Brigham Young's counselor. By an act of December 28, 1855, there was granted to the " University of the State of Deseret" a tract of land amounting to about five hundred acres, inside the city limits of Salt Lake City, without any reservation to the occupants whatever ; and everywhere was the authority of the United States over the country and its soil and people utterly ignored. Not satisfied with making the grants re- ferred to, the Legislative As.sembly entered upon a system of municipal incorjiorations, by which the fertile lauds of the Territory were withdrawn from the operation of the preemptive laws of Congress ; and thus while they occupied these without title, non- Mormons were unable to make settlement on them, and they were thus engrossed to Mormon use. From a report made by the Commissioner of the General Land Of- fice to the United States Senate/ it appears that the municipal corporations covered over 400,000 acres of the public lands, and over 600 square miles of territory. These lands 2 are not subject to either the Home- stead or Preemption laws, and thus the non- Mormon settler was prevented from attemjit- ing, except in rare instances, to secure any lands in Utah. The s})irit wliich promjUed this course is well illustrated by an instance which was the subject of an investigation in the Land Department, and the proofs are found in the document just referred to. George Q,. Cannon, the late Mormon dele- gate in Congress, was called to exercise his > Senate dr>o. 1S1, 40tli Congresa. « Sec. 2, 258, Rev. Stat. U.S. 2G8 AMERICAN POLITICS. [book I. duties as an apostle to the Tooelle "Stake " at the city of Grantville. In a discourse on Sunday, the 20th day of July, 1875, Mr. Cannon said : ^ " God has given us (mean- ing the Mormon people) this land, and, if any outsider shall come in to take land which we claim, a piece six feet by two is all they are entitled to, and that will last them to all eternity." By measures and threats like these have the Mormons unlawfully controlled the ag- ricultural lands of the Territory and ex- cluded therefrom the dissenting settler. The attempt of the United States to es- tablish a Surveyor-General's office in Utah in 1855, and to survey the lands in view of disposing of them according to law, was met by such opposition that Mr. Burr, the Surveyor-General, was compelled to fly for life. The monuments of surveys made by his order were destroyed, and the records were supposed to have met a like fate, but were afterwards restored by Brigham Young to the Government. The report of his experience by Mr. Burr was instru- mental in causing troops to be sent in 1857 to assert the authority of the Government. When this army, consisting of regular troops, was on the way to Utah, Brigham Young, as Governor, issued a proclamation, dated September 15, 1857, declaring mar- tial law and ordering the people of the Territory to hold themselves in readiness to march to repel the invaders, and on the 29th of September following addressed the commander of United States forces an or- der forbidding him to enter the Territory, and directing him to retire from it by the same route he had come. Further evidence of the Mormon claim that they were inde- pendent is perhaps unnecessary. The trea- sonable character of the local organization is manifest. It is this organization that controls, not only the people who belong to it, but the 30,000 non-Mormons who now re- side in Utah. Every member of the territorial Legisla- ture is a Mormon. Every county officer is a Mormon. Every territorial officer is a JMormon, except such as are appointive. TIu' schools provided by law and supported bv taxation arc Mormon. The teachers arc ^lornion, and the sectarian catechism af- firming the revelations of Joseph Smith is regularly taught therein. The municipal (corporations are under the control of Mor- mons. In the hands of this bigoted chiss all the material interests of the Territory are left, subject only to such checks as a Federal Governor and a Federal judiciary can impose. From beyond the sea they im- port some thousands of ignorant converts annually, and, while the non-Mormons are increasing, they are overwiiclmcd by the niiiddy tide of fanaticism shipped in upon 1 According to tho afndavite of Suniuel Howard and others, pago 14. them. The suffrage has been bestowed upon all classes by a statute so general that the ballot box is filled with a mass of votes which repels the free citizen from the ex- ercise of that right. If a Gentile is cho- sen to the Legislature (two or three such instances have occurred), he is not admit- ted to the seat, although the act of Congress (June 23, 1874) requires the Territory to pay all the expenses of the enforcement of the laws of the Territory, and of the care of persons convicted of offenses against the laws of the Territory. Provision is made for jurors' fees in criminal cases only, and none is made for the care of criminals.^ While Congress pays the legislative ex- penses, amounting to $20,000 per session, the Legislature defiantly refuses to comply with the laws which its members are sworn to support. And the same body, though failing to protect the marriage bond by any law whatever requiring any solemnities for entering it, provided a divorce act which practically allowed marriages to be annulled at will.^ Neither seduction, adultery nor incest find penalty or recognition in its legal code. The purity of home is destroyed by the beastly practice of plural marriage, and the brows of innocent children are branded with the stain of bastardy to gratify the lust which cares naught for its victims. Twenty-eight of the thirty-six members of the present Legislature of Utah are re- ported as having from two to seven wives each. While the Government of the Uni- ted States is paying these men their mile- age and ]jer diem as law-makers in Utah, those guilty of the same offense outside of Utah are leading the lives of felons in con- vict cells. For eight years a ]\Iormon dele- gate has sat in the capitol at Washington having four living wives in his harem in Utah, and at the same time, under the shadow of that capitol, lingers in a felon's prison a man who had been guilty of mar- rying a woman while another wife was still living. For thirty years have the Mormons been trusted to correct these evils and put them- selves in harmony with the balance of civilized mankind. This they have refused to do. Planting themselves in the heart of the continent, they have persistently defied the laws of the land, the laws of modern society, and the teachings of a common humanity. They degrade woman to the office of a breeding animal, and, after depriving her of all property rights in her husband's estate,^ all control of her children,* they, with ostentation, bestow upon her the ballot in a way that makes it a nullity if contested, and compels her to use it to jierjietuate her own degrada- tion if she avails herself of it. 1 Suf Report of Attornoy-Genoral T'nitod States, lS8n.Sl. ' Act of March 0, IHC.'J. •■' Act of I'chruary 10, 1872. * SecB. 1 and 2, act of February 3, 1S52. BOOK I.] THE SOUTH AMERICAN QUESTION. 269 No power has been given to the Mor- mon Hierarchy that has not been abused. The right of representation in tlie legisla- tive councils has been violated in the aj)- portionment of members so as to disfran- chise the non-Mormon class.' The system of revenue and taxation was for twenty- five years a system of confiscation and ex- tortion.'' The courts were so organized and controlled that they were but the organs of the church oppressions and ministers of its vengeance.^ The legal profession was abolished by a statute that prohibited a lawyer from recovering on any contract for service, and allowed every person to appear as an attorney in any court.* The attorney was compelled to present " all the facts in the case," whether for or against his client, and a refusal to disclose the confidential communications of the latter subjected the attorney to fine and imprison- ment.* No law book except the statutes of Utah and of the United States, " when applicable," was permitted to be read in any court by an attorney, and the citation of a decision of the Suj^reme Court of the United States, or even a quotation from the Bible, in the trial of any cause, sub- jected a lawyer to fine and imprisonment.* The practitioners of medicine were equally assailed by legislation. The use of the most important remedies known to modern medical science, including all an- aesthetics, was prohibited except under conditions which made their use impossi- ble, " and if death followed" the adminis- tration of these remedies, the person ad- ministering them was declared guilty of manslaughter or murder.'' The Legislative Assembly is but an organized conspiracy against the national law, and an obstacle in the way of the advancement of its own people. For sixteen years it refused to lay its enactments before Congress, and they were only obtained by a joint resolution demanding them. Once in armed rebel- lion against the authority of the nation, the Mormons have always secretly strug- gled for, as they have openly prophesied, its entire overthrow. Standing thus in the pathway of the material growth and devel- opment of the Territory, a disgrace to the balance of the country, with no redeeming virtue to plead for further indulgence, this travesty of a local government demands radical and speedy reform. The South American Q,iiestlun. If it was not shrewdly surmised before it is now known that had President Garfield » Soa act of January 17. 1862. * Act of January T, ls.')4, aoc. 14, *AcU of Jan 21, 1S".:(, and of January, 1855, sec. 29. rosperity for all. Slnll the United State-i now turn baek, hold aloof and re- fuse to exert its gre.Tt moral power for the advantage of its weiiker neighl)ors? If you have not formally and finally re- called the invit.ations to the Peace Con- pres-<, Mr. President, T beg you to consider well the effectof so doing. The invitation w:is not mine. It was yours. I performed only the part of the Secretary' — to advise and to draft. You spoke in the name of the United States to each of the indepen- dent nations of America. To revoke that in^ntation for any cause would be embar- rassing ; to revoke it for the avowed fear of "jealousy and ill will " on the part of European powers would appeal as little to American pride as to American hospitality. Those you have invited may decline, and having now cause to doubt their welcome will, perhaps, do so. This Avould break up the congress, but it would not touch our dignity. " Beyond the philanthropic and Christian ends to be obtained by an American con- ference devoted to peace and good-will among men, we might well hope for material advantages, as the result of a bet- ter understanding and closer friendship with the nation of America. At present the condition of trade between the United States and its American neighbors is un- satisfactory to us, and even deplorable. According to the ofiicial statistics of our own Treasury Department, the balance against us in that trade last vear was 8120,000,000— a sum greater than the yearly product of all the gold and silver mines in the United States. This vast balance was paid by us in foreign exchange, and a veiy large proportion of it went to England, where shipments of cotton, pro- visions and breadstuffs supplied the money. If anything should change or check the balance in our favor in Euro- pean trade our commercial exchanges with Spanish America would drain us of our reserve of gold at a rate exceeding $100,- 000,000 per annum, and would probably precipitate a suspension of specie payment in this country. Such a result at home might be worse than a little jealousy and ill-will abroad. I do not say, Mr. Presi- dent, that the holding of a peace congress will necessarily change the currents of trade, but it will bring us into kindly re- lations with all the American nations; it will promote the reign of peace and law and order ; it will increase production and consumption and will stimulate the de- mand for articles which American manu- facturers can furnish with profit. It will at all events be a friendly and auspicious beginning in the direction of American influence and American trade in a large field which we have hitherto greatly ne- glected and which has been practically monopolized by our commercial rivals in Europe. As j\lr. Frelinghuysen's dispatch, fore- shadowing the abandonment of the peace congress, has been made public, I deem it a matter of propriety and justice to give this letter to the press. Jas. G. Blaike. The above well presents the Blaine view of the proposition to have a Con- gress of the Republics of America at Washington, and under the patronage of this government, with a view to settle all BOOK I.] THE SOUTH AMERICAN QUESTION. 271 difficulties by arbitration, to promote trade, and it is presumed to form alliances ready to suit a new and advanced application of the Monroe doctrine. The following is the letter proposing a conference of North and South American Republics sent to the U. ti. Ministers in Central and South America : Sir : The attitude of the United States with respect to the question of general peace on the American Continent is well known through its persistent efforts for years past to avert the evils of warfare, or, these eff"orts failing, to bring positive con- flicts to an end through pacific counsels or the advocacy of impartial arbitration. This attitude haa been consistently main- tained, and always with such fairness as to leave no room for imputing to our Govern- ment any motive except the humane and disinterested one. of saving the kindred States of the American Continent from the burdens of war. The position of the United States, as the leading power of the new world, might well give to its Govern- ment a claim to authoritative utterance for the purpose of quieting discord among its neighbors, with all of whom the most friendly relations exist. Nevertheless the good offices of this Government are not, and have not at any time, been tendered with a show of dictation or compulsion, but only as exhibiting the solicitous good will of a common friend. THE CENTRAL AND SOUTH AMERICAN STATES. For some years past a growing disposi- tion has been manifested by certain States of Central and South America to refer dis- putes affecting grave questions of inter- national relationship and boundaries to arbitration rather than to the sword. It has been on several occasions a source of profound satisfaction to the Government of the United States to see that this country is in a large measure looked to by all the American powers as their friend and mediator. The just and impartial counsel of the President in such cases, has never been withheld, and his efforts have been rewarded by the prevention of sanguinary strife or angry contentions be- tween peoples whom we regard as brethren. The existence of this growing tendency convinces the President that the time is ripe for a proposal that shall enlist the good will and active co-operation of all the States of the Western nemis;)here both North and South, in the interest of hu- m:uiity and for the common weal of na- tions. He conceives that none of the Govern- ^ ments of America can be less alive than our own to the dangers and horrors of a state of war, and especially of war between kinsmen. He is sure that none of the chiefs of Government on the Continent can be less sensitive than he is to the sacred duty of making every endeavor to do away with the chances of fratricidal strife, and he looks with hopeful confidence to such active assistance from them as will serve to show the broadness of our common hu- manity, the strength of the ties which bind us all together as a great and har- monious system of American Common- wealths. A GENERAL CONGRESS PROPOSED. Impressed by these views, the President extends to all the independent countries of North and South America an earnest in- vitation to participate in a general Con- gress, to be held in the city of Washing- ton, on the 22d of November, 1882, for the purpose of considering and discussing the methods of preventing war between the nations of America. He desires that the attention of the Congress shall be strictly confined to this one great object; and itis sole aim shall be to seek a way of jjer- manently averting the horrors of' a cruel and bloody contest between countries oftenest of one blood and speech, or the even worse calamity of internal commotion and civil strife; that it shall regard the burdensome and far-reaching consequences of such a struggle, the legacies of exhausted finances, of oppressive debt, of onerous taxation, of ruined cities, of paralyzed in- dustries, of devastated fields, of ruthless conscriptions, of the slaughter of men, of the grief of the widow and orj^han, of em- bittered resentments that long survive those who jjrovoked them and heavily afflict the innocent generations that come after. THE MISSION OF THE CONGRESS. The President is especially desirous to have it understood that in putting forth this invitation the United States does not as- sume the position of counseling or attempt ing, through the voice of the Congress, to counsel any determinate solution of exist- ing questions which may now divide any of the countries. Such questions cannot properly come before the Congress. Its mission is higher. It is to provide for the interests of all in the future, not to settle the individual difierences of the present. For this reason especially the President has indicated a day for the assembling of the Congress so far in the future as to leave good ground for the hope that by the time named the present situation on the South Pacific coast will be hai)pily termi- nated, and that those engaged in the con- test may take peaceable part in the discus- sion and solution of the general question affecting in an equal desrree the well-being of all. It seems also desirable to disclaim in ad- 272 AMERICAN POLITICS. [book I. Vance any purpose on the part of the •United States to prejudge the issues to be presented to the Congress. It is far from the intent of this Government to appear before the Congress as in any sense the protector of its neighbors or the predestined and necessary arbitrator of their disputes. The United States ■will enter into the deliber- ations of the Congress on the same looting as other powers represented, and with the loyal determination to approach any pro- posed solution, not merely in its own inter- est, or with a view to asserting its own power, but as a single member among many co-ordinate and co-equal States. So far as the influence of this Government may be potential, it will be exerted in the direction of conciliating whatever con- flicting interests of blood, or government, or historical tradition that may necessarily come together in response to a call embracing such vast and diverse ele- ments. INSTRUCTIONS TO THE MINISTERS. You will present these views to the Minister of Foreign Affairs of Costa Rica, enlarging, if need be, in such terms as ■will readily occur to you upon the great mission which it is within the power of the proposed Congress to accomplish in the in- terest of humanity, and the firm purpose of the United States of America to main- tain a position of the most absolute and impartial friendship toward all. You will, therefore, in the name of the President of the United States, tender to his Excel- lency, the President of , a formal invitation to send two commissioners to the Congress, provided with such powers and instructions on behalf of their Govern- ment as will enable them to consider the questions brought before that body within the limit of submission contemplated by this invitation. The United States, as well as the other powers, will in like manner be represented by two commissioners, so that equality and impartiality will be amply secured in the proceedings of the Congress. In delivering this invitation through the Minister of Foreign Affairs, you will read this despatch to him and leave with him a copy, intimating thiit an answer is desired by this Government as promptly as the just consideration of so important a jiropo- sition will permit. I am, sir, your obedient servant, James G. Blaine. NlnlKtrr LiOf^aii'n Reply. The following is an altstrai t of the re- ply of Minister Logan to the above. " From a full review of the situation, as heretofore detailed to you, I am nf)t clear as U) being able to obtain the genuine co- operation of all the States of Central America in the jjroposed congress. — Each, I have no doubt, will ultimately agree to send the specified number of commission- ers and assume, outwardly, an appearance of sincere co-operation, but, as you will perceive from your knowledge of the pos- ture of afiairs, all hope of effiecting a union of these States except upon a basis the leaders will never permit — that of a free choice of the whole people — will be at an end. The obligation to keep the peace, imposed by the congress, will bind the United States as well as all others, and thus prevent any efforts to bring about the desired union other than those based upon a simi^le tender of good offices — this means until the years shall bring about a radical change — must be as inefficient in the future as in the past. The situation, as it ap- pears to me, is a difficult»one. As a means of restraining the aggressive tendency of Mexico in the direction of Central Ameri- ca, the congress would be attended by the happiest results, should a full agreement be reached. But as the Central American States are now in a chaotic condition, politi- cally considered, with their future status wholly undefined, and as a final settlement can only be reached, as it now appears, through the operation of military forces, the hope of a Federal union in Central America would be crushed, at least in the immediate present. Wiser heads than my own may devise a method to harmonize these difficulties when the congress is ac- tually in session, but it must be constantly remembered that so far as the Central American commissioners are concerned they will represent the interests and posi- tive mandates of their respective govern- ment chiefs in the strictest and most abso- lute sense. While all will probably send commissioners, through motives of ex])edi- ency, they may possibly be instructed to secretly defeat the ends of the convention. I make these suggci^tions that you may have the Avhole field under view. " I may mention in this connection that I have received information that uj) to the tenth of the present month only two mem- bers of the proi)osed convention at Pana- ma had arrived and that it was considered as having failed." Contem})oraneous with these movements or sngfiestions was another on the jtart of Mr. IMaine to secure from England a mod- ification or abrogation of the Clayton- I'ulwer treaty, with the object of giving to the United States, rather to the Republics of North and South America, full super- vision of the Isthmus and l^anama Canal when constructed. This branch of the (•orresi)ondence was .sent to the Senate on the 17th of February. Lord Granville, in liis desp;it(;h of .Taiuiary 7th to Minister West in reference to the Clayton-Bulwer BOOK I.J THE SOUTH AMERICAN QUESTION. 273 Treaty controversy, denies any analogy between the cases of tlic I'aaama and Suez Canals. He cordially concurs in Mr. Blaine's statement in regard to the unex- ampled development of the Pacific Coast, but denies that it was unexpected. He says the declaration of President Monroe anterior to the treaty show that he and his Cabinet had a clear prevision of the great future of that region. The de- velopment of the interests of the British f)ossessions also continued, though possil)ly ess rapidly. The Government are of the opinion that the canal, as a water way be- tween the two great oceans and Europe and Eastern Asia, is a work which concerns not only the American Continent, but the whole civilized world. Witii all deference to the considerations which prompted Mr. Blaine he cannot believe that his propo- sals will be even beneficial in themselves. He can conceive &, no more melancholy spectacle th:in competition between nations in the consLruction of fortifications to com- mand the canal. He cannot believe that any South American States would like to admit a foreign power to erect fortifications on its territory, when the claim to do so is accompanied by the declaration that the canal is to be regarded as a part of the American coast line. It is difficult to be- lieve, he says, that the territory between it and the United States could retain its pres- ent independence. Lord Granville believes that an invitation to all the maritime states to participate in an agreement based on the stipulations of the Convention of 1850, would make the Convention adequate for the purposes for which it was designed. Her Majesty's Government would gladly see the United States take the initiative towards such a convention, and will be prepared to endorse and support such action in any wav. provided it does not conflict with the Clayton-Bulwer treaty. Lord Granville, in a subsequent despatch, draws attention to the fact that Mr. Blaine, in using the argument that the treaty has been a source of continual difficulties, omits to state that the questions in dispute which related to points occupied by the British in Central America were removed in 18(50 by the voluntary action of Great Britain in certain treaties concluded with Honduras and Nicaragua, the settlement being recognized as perfectly satisfactory by President Buchanan. Lord Granville says, further, that during this controversy America disclaimed any desire to have the exclusive control of the canal. The Earl contends that in cases where the details of an international agreement have given rise to difficulties and discus- sions to such an extent as to cause the contracting parties at one time to contem- plate its abrogation or modification as one of several possible alternatives, and where 18 it has yet been found preferable to arrive at a solution as to those details rather than to sacrifice the general bases of the en- gagement, it must surely be allowed that such a I'act, far from being an argument aj^ainst that engagement, is an argument distinctly in its favor. It is equally j)lain thateithcr of the contracting parties wliich had abandoned its own contention f(jr the purpose of preserving the agreement in its entirety would have reason to complain if the differences which had been settled by its concessions were afterwards urged as a reason for essentially modifying those other provisions which it had made this sacrifice to maintain. In order to strengthen these arguments, the Earl reviews the corres- pondence, quotes the historical points made by Mr. Blaine and in many instances in- troduces additional data as contradicting the inferences drawn by Mr. Blaine and supporting his own position. The point on which Mr. Blaine laid particular stress in his despatch to Earl Granville, is the objection made by the government of the United States to any concerted action of the European powers f )r the purpose of guarantying the netl- trality of the Isthmus canal or determin- ing the conditions of its use. CHILI AND PERU. The entire question is complicated by the war between Chili and Peru, the latter owning immense guano deposits in which American citizens have become financially interested. These sought the friendly in- tervention of our government to prevent Chili, the conquering Republic, from ap- propriating these deposits as part of her war indemnity. The Landreau, an original French claim, is said to represent §125,- 000,000, and the holders were prior to and during the war pressing it upon Calderon, the Peruvian President, for settlement; the Cochet claim, another of the same class, represented $1,000,000,000. Doubt- less these claims are speculative and largely fraudulent, and shrewd agents are inter- ested in their collection and preservation. A still more preposterous and speculative movement was fathered liy one Shipherd, who opened a correspondence with Minis- ter Hurlburt, and with other parties for the establishment of the Credit Industriel, which was to pay the $20,000,000 money indemnity demanded of Peru by Chili, and to be reimbursed by the Peruvian nitrates and guano deposits. THE SCA^^)AL. All of these things surround the ques- tion with scandals \vhich probably fail to truthfully reach any prominent officer of our government, but which have neverthe- less attracted the attention of Congress to 274 AMERICAN POLITICS. [book I. such an extent that the following action has been already taken : On February 24th Mr. Bayard offered in the Senate a resolution reciting that where- as publication has been -widely made by the public press of certain alleged public commercial contracts between certain com- panies and copartnerships of individuals relative to the exports of guano and nitrates from Peru, in which the mediation by the Government of the United States between the Governments of Peru, Bolivia and Chili is declared to be a condition for the effectuation and continuance of the said contracts ; therefore be it resolved, that the Committee on Foreign Relations be instructed to inquire whether any promise or stipulation by which the intervention by the United States in the controversies ex- isting between Chili and Peru or Chili and Bolivia has been expressly or impliedly given by any person or persons officially connected with the Government of the United States, or whether the influence of the Government of the United States has been in any way exerted, promised or inti- mated in connection with, or in relation to th'e said contracts by any one officially con- nected with the Government of the United Btates, and whether any one officially con- nected with the Government of the United Btates is interested, directly or indirectly, with any such alleged contracts in which the mediation as aforesaid of the United Btates is recited to be a condition, and that the said committee have power to send for persons and paper and make report of their proceedings in the premises to the Senate at the earliest possible day. Mr. Edmunds said he had drafted a resolution covering all the branches of " that most unfortunate affair " to which reference was now made, and in view of the ill policy of any action which would commit the Senate to inquiries about de- claring foreign matters in advance of a careful investigation by a committee, he now made the suggestion that he would have made as to his own resolution, if he had offered it, namely, that the .subject be referred to the Committee on Foreign Re- lations. He intimated that the proposition prepared by himself would be considered by the committee as a suggestion bearing upon the pending resolution. Mr. I'ayard acquiesced in the reference with the remark that anything that tended to bring the matter more fully before the country was satisfactory to him. The resolution accordingly went to the Committee on Foreign Relations. In the House Mr. Kasson, of Iowa, offered a resolution reciting that whereas, it is alleged, in connection with the ('hili Peruvian correspondence recently and officially published on tlie call of the two Houses of Congress, that one or more Ministers Plenipotentiary of the United States were either personally interested or improperly connected with a business transaction in which the intervention of this Government was requested or expected and whereas, it is alleged that certain pa- pers in relation to the same subject have been improperly lost or removed from the tiles of the State Department, that there- fore the Committee on Foreign Affairs be instructed to inquire into said allegations and ascertain the facts relating thereto, and report the same with such recommen- dations as they may deem proper, and they shall have power to send for persons and papers. The resolution was adopted. THE CLAIMS. The inner history of what is known as the Peruvian Company reads more like a tale from the Arabian Nights than a plain statement of facts. The following is gleaned from the prospectus of the compa- ny, of which only a limited number of cop- ies was printed. According to a note on the cover of these " they are for the strictly private use of the gentlemen into whose hands they are immediately placed." The prosj^ects of the corporation are based entirely u])on the claims of Cochet and Landreau, two French chemists, resi- dents of Peru. In the year 1833, the Pe- ruvian government, by published decree, promised to everj' discoverer of valuable deposits upon the public domain a premium of one-third of the discovery as an incen- tive to the development of great natural resources vaguely known to exist. In the beginning of 1830, Alexandre Cochet, who was a man of superior information, occu- pied himself in the laborious work of manu- facturing nitrate of soda in a small oficina in Peru, and being possessed with quick intelligence and a careful observer he soon came to understand that the valuable pro- perties contained in the guano — an article only known to native cultivators of the soil — would be eminently useful as a restora- tive to the exhausted lands of the old con- tinent. With this idea he made himself completely master of the mode of applica- tion adopted by the Indians and small farmers in the province where he resided, and after a careful investigation of the chemical effects produced on the land by the proper application of the regenerating agent, he proceeded in the year 1840 to the cajjital (Lima) in order to interest some of his friends in this new enterjirise. Not without great persuasion and much hesita- tion, he induced his countryman, I\Ir. Achil- les Allier, to take up the hazardous specu- lation and join with him in his discovery. He succeeded, howevtT, and toward the end. of the same year the firm of Quiroz & .Mlier obtained a concession for six years from the government of Peru for the ex- BOOK I.] THE SOUTH AMERICAN QUESTION. 275 portation of all the guano existing in the afterwards famous islands of Chinchi for the sum of sixty tliousand dollars. In consequence of the refusal of that firm to admit Cochet, the discoverer, to a partici- pation in the profits growing out of this contract a series of lawsuits resulted and a Eaper war ensued in which Cochet was allied. In vain he called the attention of the government to the nature and value of this discovery ; he was told that he was a " visionary." In vain he demonstrated that the nation possessed hundreds of mil- lions of dollars in the grand deposits : this only confirmed the opinion of the Council of State that he was a madman. In vain he attempted to prove that one cargo of guano was equal to fourteen cargoes of grain ; the Council of State eooly told him that guano was an article known to the Spaniards, and of no value : that Commis- sioner Humbolt had referred to it, and that they could not accept his theory respecting its ;|supcrior properties, its value and its probable use in foreign agriculture at a pe- riod when no new discovery could be made relative to an article so long and of so evi- dent small value. At length a new light began to dawn on the lethargic understanding of the officials in power, and as rumors continued to ar- rive from Europe confirming the assevera- tions of Cochet, and announcing the sale of guano at from $1)0 to .ii!l20 per ton, a de- gree of haste was suddenly evinced to se- cure once more to the public treasury this new and unexpected source of wealth ; and at one blow the contract with Quiroz & AUier, which had previously been extend- ed, was reduced to one year. Their claims were cancelled by the payment of ten thou- sand tons of guano which Congress de- creed them. There still remained to be settled the just and acknowledged indebt- edness for benefits conferred on the coun- try by Cochet, benefits which could not be denied as wealth and i)rosperity rolled in on the government and on the people. But few, if any, troubled themselves about the question to whom they were indebted lor 80 much good fortune, nor had time to pay particular attention to Cochet's claims. Finally, however, Congress was led to de- clare Cochet the true discoverer of the value, uses and application of guano for European agriculture, and a grant of 5,000 tons was made in his favor Sejitember 30tli, 1849, but was never paid him. After piissing a period of years in hopeless expectancy — from 1840 to 1851— his impoverished cir- cumstances made it necessary for him to endeavor to procure, through the influence of his own government, . that measure of support in favor of his claims which would insure him a competency in his old age. He resolved upon returning to France, after having spent the best part of his life in the service of a country whose cities had risen from desolation to splendor under the sole magic of his touch — a touch that had in it for Peru all the fabled power of the long-sought "philosopher's stone." In 1853 Cochet returned to France, but he was then already exhausted by enthusiastic explora- tions in a deadly climate and never rallied. He lingered in poverty for eleven painful years and died in Paris in an almshouse in 1864, entitled to an estate worth $;300,000,- 000 — the richest man in the history of the world — and was buried by the city in the Potters' Field ; his wonderful history well il- lustrating that truth is stranger than fiction. THE LANDKEAU CLAIM. About the year 1844 Jean Theophile Landreau, also a French citizen, in part- nership with his brother, John C. Landreau, a naturalized American citizen, upon the faith of the promised premium of 33} per cent, entered upon a series of extended sys- tematic and scientific explorations with a view to ascertaining whether the deposits of guano particularly pointed out*by Co- chet constituted the entire guano deposit of Peru, and with money furnished by his part- ner, John, Theo])hile prosecuted his search- es with remarkable energy and with great success for twelve years, identifying beds not before known to the value of not less than $400,000,000. Well aware, however, of the manner in which his fellow-country- man had been neglected by an unprinci- pled people, he had the discretion to keep his own counsel and to extort from the Pe- ruvian authorities an absolute agreement in advance before he revealed his treasure. This agreement was, indeed, for a royalty of less than one-sixth the amount promised, but the most solemn assurances were given that the lessened amount would be prompt- ly and cheerfully paid, its total would give the brothers each a large fortune, and pay- ments were to begin at once. The solemn agreement having been concluded and duly certified, the precious deposits having been pointed out and taken possession of by the profligate government, the brothers were at first put off with plausible pretexts of de- lay, and when these grew monotonous the government calmly issued a decree recog- nizing the discoveries, accepting the trea- sure, and annulling the contract, with a sug- gestion that a more suitable agreement might be arranged in the future. It will be seen that these two men, Co- chet and Landreau, have been acknow- ledged by the Peruvian government as claimant.s. No attempt has ever been made to deny the indebtedness. The very de- cree of rei)udiation reaffirmed the obliga- tion, and all the courts refused to pronounce against the plaintiffs. Both of these claims came into the possession of !Mr. Peter W. Hevenor, of Philadelphia. Cochet left one 276 AMERICAN POLITICS. [book I. son whom Mr. Hevenor found in poverty in Lima and advanced money to push his father's claim of $500,000,000 against the government. After S'SO.OOO were spent young Cochet's backer was surprised to learn of the Laudreaus and their claim. Not wishing to antagonize them, he ad- vanced them money, and in a short time owned nearly all the fifteen interests in the Landreau craim of $125,000,000. To the Peruvian Company Mr. Hevenor has transferred his titles, and on the basis of these that corporation maintains that eventually it will realize not less than $1,- 200,000,000, computed as follows : The amount of guano already taken out of the Cochet Islands — including the Chin- chas — will be shown by the Peruvian Cus- tom House records, and will aggregate, it is said, not far from $1,200,000,000 worth. The discoverer's one-third of this would be $400,000,000, and interest upon this amount at six per cent. - say for an equalized aver- age of twenty years— would be $480,000,000 more. The amount remaining in these islands.is not positively known, and is pro- bably not more than $200,000,000 worth ; and in the Landreau deposits say $300,000,- 000 more. The Chilian plenipotentiary re- cently announced that his government are about opening very rich deposits on the Lo- bos Islands — which are included in this group. It is probably within safe limits, says the Peruvian Company's prospectus, to say that, including interest to accrue before the claim can be fully liquidated, its owners will realize no less than $1,200,000,000. THE COUNTRIES im^OLVED. In South America there are ten inde- pendent governments ; and the three Gui- anas which are dependencies on European powers. Of the independent governments Brazil is an empire, having an area of 3,G09,1G0 square miles and 11,058,000 in- habitants. The other nine are republics. In giving area and population we use the most complete statistics at our command, but they are not strictly reliable, nor as late as we could have wished. The area and the poj)ulation of the republics are: Venzucla, 42(5,712 square miles and 2,200,- 000 inhabitants; United States of Colom- bia, 475,000 square miles and 2,900,000 in- habitants; Peru, 580,000 square miles and 2,500,000 inhabitants; E(!uador, 208,000 Bquarc miles and 1,300,000 inhabitants; Bolivia, 842,730 square miles and 1,087,352 inhabitants; ('hili, 200,000 s(juarc mik's and 2,084,000 inha])itaiits ; Argentine Kc- public, 1,323,500 s(|uare miles and 1,887,- 000 inlial)itaiits; I'arnguay, 73,000 squiire miles and 1,337,439 inhabitants; Unigu.'iv, CG,716 square miles and 240,000 iiihalii- tants, or a total in the nine repul)lic3 of 3,789.220 sqmirc miles and 10,430,751 in- habitants. The aggregate area of the nine republics exceeds that of Brazil 180,060 square miles, and the total population ex- ceeds that of Brazil 5,009,552. Brazil, be- ing an empire, is not comprehended in the Blaine proposal — she rather stands as a strong barrier against it. Mexico and Guatamala are included, but are on this continent, and their character and re- sources better understood by our people. In the South American countries generally the Spanish language is spoken. The edu- cated classes are of nearly pure Spanish ex- traction. The laboring classes are of mixed Spanish and aboriginal blood, or of pure aboriginal ancestry. The characteristics of the Continent are emphatically Spanish. The area and population we have already given. The territory is nearly equally di- vided between the republics and the em- pire, the former having a greater area of only 180,060 square miles; but the nine republics have an aggregate population of 5,059,522 more than Brazil. The United States has an area of 3,634,797 square miles, including Alaska; but excluding Alaska, it has 3,056,797 square miles. The area of Brazil is greater than that of the United States, excluding Alaska, by 552,- 363 square miles, and the aggregate area of the nine republics is greater by 732,423 square miles. This comparison of the area of the nine republics and of Brazil with that of this nation gives a definite idea of their magnitude. Geographically, these republics occupy the northern, western and southern portions of South America, and are contiguous. The aggregate exports and imports of South America, according to the last available data, were $529,300,000; those of Brazil, $168,930,000; of the nine republics, $360,360,000. These resolutions will bring out volumi- nous correspondence, but we have given the reader sufficient to reach a fair understand- ing of the subject. Whatever of scandal may be connected with it, like the Star Route cases, it should await official in- vestigation and condemnation. Last of all should history condemn any one in ad- vance of official inquiry. None of the governments invited to the Congress had accepted formally, and in view of obstacles thrown in the way by the present adminis- tration, it is not probable they will. Accepting the ])roposition of Mr. Blaine as stated in his letter to President Arthur, as conveying his true desire and meaning, it is due" to the truth to say that it compre- hends more than the Monroe doctrine, the text of which is given in President Mon- roe's own words in this volume. While he contended ngainst foreign intervention with the Bepublics on this Hemisphere, he ne- ver asserted the right of our government to ])articipate in or seek the control cither of the internal, commercial or foreign policy of any of the Republics of America, by ar- BOOK I.] THE STAR ROUTE SCANDAL. 27T bitratlon or otherwise. So that Mr. Bhiine is the author of an advance upon the Mon- roe doctrine, and what seems at this time a radical advance. Wliat it may be when the United States seeks to "spread itself" by an aggressive foreign policy, and by aggrandizement of new avenues of trade, possibly new acquisitions of territory, is anotlier question. It is a policy brilliant beyond any examples in our history, and a new departure from the teachings of Washington, who advised absolute non-in- tervention in foreign affairs. The new doctrine might thrive and acquire great popularity under an administration friendly to it ; but President Arthur has already intimated his hostility, and it is now be- yond enforcement during his administra- tion. The views of Congress also seem to be adverse as far as the debates have gone into the question, though it has some warm friends who may revive it under more favo- rable auspices. The Star Route Scandal. Directly after Mr. James assumed the position of Postmaster-General in the Cabinet of President Garfield, he disco- vered a great amount of extravagance and probably fraud in the conduct of the mail service known as the Star Routes, author- ized by act of Congress to further extend the mail facilities and promote the more rapid carriage of the mails. These routes proved to be very popular in the West and South-west, and the growing demand for mail facilities in these sections would even in a legitimate way, if not closely watched, lead to unusual cost and extravagance ; but it is alleged that a ring was formed headed by General Brady, one of the Assistant Postmaster-Generals under General Key, by which routes were established with the sole view of defrauding the Government — that false bonds were given and enormous and fraudulent sums paid for little or no service. This scandal was at its height at the time of the assassination of President Garfield, at which time Postmaster-General James, Attorney-General MacVeagh and other officials were rapidly preparing for the prosecution of all charged with the fraud. Upon the succession of President Arthur he openly insisted upon the fullest prosecution, and declined to receive the resignation of Mr. ]\IacVeagh from the Cabinet because of a stated fear that the prosecution would suffer by his withdrawal. Mr. MacVeagh, however, withdrew from the Cabinet, believing that the new Presi- dent should not by any circumstance be prevented from the official association of friends of his own selection ; and at this writing Attorney-General Brewster is push- ing the prosecutions. On the 24th of March, 1882, the Grand Jury sitting at Washington presented in- dictments for conspiracy in connection with the Star Route mail service against the fol- lowing named persons: Thomas J. Brady, J. W. Dorbcy, Henry M. Vail, John W. Dorsev, John R. Miner, John M. Peck, M, C. Rei-dcll, J. L. Sanderson, Wm. H. Tur- ner. Also against Alvin O. Buck, Wm. S. liarringer and Albert E. Booup, and against Kate M. Armstrong for perjury. The in- dictment against Brady, Dorsey and others, which is very voluminous, recites the ex- istence, on March 10, 1879, of the Post Of- fice Department, Postmaster-General and three assistants, and a Sixth Auditor's ollice and Contract office and division. "To the latter was subject," the indict- ment continues, " the arrangement of the mail service of the United States and the letting out of the same on contract." It then describes the duties of the inspectinjj division. On March 10, 1879, the grand jurors represent, Thomas J. Brady was the lawful Second Assistant Postmaster-Gene- ral engaged in the performance of the du- ties of that office. William H. Turner was a clerk in the Second Assistant Postmaster- General's office, and attended to the busi- ness of the contract division relating to the mail service over several post routes in Ca- lifornia, Colorado, Oregon, Nebraska, and the Territories. On the 16th of March, 1879, the indictment represents Thomas J. Brady as having made eight contracts with John W. Dorsey to carry the mails from July 1, 1878, to June 30, 1882, from Ver- million, in Dakota Territory, to Sioux Falls and back, on a fourteen hour time schedule, for $398 e;ich year ; on route from White River to Rawlins, Colorado, once a week of 108 hours' time, for $1,700 a year; on route from Garland, Colorado, to Parrott City, once a week, on a schedule of 168 hours' time, for $2,745 ; on route from Ou- ray, Colorado, to Los Pinos, once a week, in 12 hours' time, for $348 ; on route from Sil- verton, Colorado, to Parrott City, twice a week, on 36 hours' time, for $1,488; on route from Mineral Park, in Arizona Ter- ritory, to Pioche and back, once a week, in 84 hours' time, $2,982 ; on route from Tres Almos to Clifton and back, once a week, of 84 hours' time, for $1,568. It further sets forth that the Second As- sistant Postmaster-General entered into five contracts with John R. Miner on June 13, 1878, on routes in Dakota Territory and Colorado, and on ]\Iarch 15, 1879, with John M. Peck, over eight post routes. In the space of sixty days after the making of these contracts theVwere in full force. On j\Iarch 10, 1879, John W. Dorsey, John R. j\Iiner, and John M. Peck, with Stephen W. Dorsey and Henry ^M. Vaile, M. C ' Rerdell and J. L. Sanderson, mutually in- 1 terested in these contract.^ and money, to . be paid by the United States to the three 278 AMERICAN POLITICS. [book I. parties above named, did unlawfully and maliciously combine and conspire to fraud- ulently write, sign, and cause to be written and signed, a large number of fraudulent letters and communications and false and fraudulent petitions and applications to tbe Postmaster-General for additional service and increase of expenditure on the routes, which were purported to be signed by the people and inhabitants in the neighborhood of the routes, which were filed with the papers in the office of the Second Assistant Postmaster-General. Further that these parties swore falsely in describing the num- ber of men and animals required to perform the mail service over the routes and States as greater than was necessary. These false oaths were placed on file in the Second Assistant Postmaster-General's office; and by means of Wm. H. Turner falsely making and writing and endorsing these papers, with brief and untrue state- ments as to their contents, and by Turner preparing fraudulent written orders for al- lowances to be made to these contractors and signed by Thomas J. Brady fraudu- lently, and for the benefit and gain of all the parties named in this bill, the service ■was increased over these routes; and that Brady knew it was not lawfully needed and required. That he caused the order for in- creasing to be certified to and filed in the Sixth Auditor's office for fraudulent addi- tional compensation. That Mr. Brady gave orders to extend the service so as to include other and different stations than those men- tioned in the contract, that he and others might have the benefits and profits of it : that he refused to impose fines on these contracts for failures and delinquencies, but allowed them additional pay for the ser- vice over these routes. During the conti- nuance of these contracts the i:)arties ac- quired unto themselves several large and excessive sums of money, the property of the United States, fraudulently and un- lawfully ordered to be paid them by Mr. Bn-.dy. These are certainly formidable indict- ments. Others are pending against persons in Philadelphia and other cities, who are charged with complicity in these Star Eoute fraufis, in giving straw bonds, &c. The Star Iloute service still continues, the Post Office Department under the law having Bent out several thousand notifications this year to crmtractors, informing them of the official acceptance of their ])r()posals, and some of these contractors are the same named above a-s under indictment. This well exemplifies the maxim of the law re- lative to innocence until guilt be shown. Tlie Coming Htaten. Bills arc pending before Congress for the admission of Dakota, Wyoming, Now Mexico and Washington Territories. The Bill for the admission of Dakota divides the old Territory, and provides that the new State shall consist of the territory in- cluded within the following boundaries: Commencing at a point on the west line of the State of Minnesota where the forty- sixth degree of north latitude intersects the same ; thence south along the west boun- dary lines of the States of Minnesota and Iowa to the point of intersection with the northern boundary line of the State of Nebraska ; thence westwardly along the northern boundarj' line of the State of Nebraska to the twenty-seventh meridian of longitude west from Washington ; thence north along the said twenty-seventh degree of longitude to the forty-sixth degree of north latitude ; to the place of beginning. The bill provides for a convention of one hundred and twenty delegates, to be chosen by the legal voters, who shall adopt the United States Constitution and then pro- ceed to form a State Constitution and gov- ernment. Until the next census the State shall be entitled to one representative, who, with the Governor and other officials, shall be elected upon a day named by the Con- stitutional Convention. The report seta apart lands for school purposes, and gives the State five per centum of the proceeds of all sales of public lands within its limits subsequent to its admission as a State, ex- cluding all mineral lands from being thus set apart for school purposes. It provides that portion of the the Territory not in- cluded in the proposed new State shall continue as a Territory under the name of the Territory of North Dakota. The proposition to divide comes from Senator McMillan, and if Congress sus- tains the division, the portion admitted would contain 100,000 inhabitants, the en- tire estimated population being 175,000 — a number in excess of twenty of the present States when admitted, exclusive of the original thirteen ; while the division, which shows 100,000 inhabitants, is still in excess of sixteen States when admitted. Nevada, with less than 65,000 popula- tion, was admitted before the close Presi- dential election of 1870, and it may be said that her majority of 1,075, in a total jjoII of 1P,G91 votes, decided the Presidential result in favor of Hayes, and these votes counteracted the plurality of nearly 300,000 received by Mr. Tilden elsewhere. This fact well illustrates the power of States, as States, and however small, in controlling the affairs of the country. It also account* for the jealousy with which closely balanced political parties watch the incoming States. Population is but one of the considera- tions entering into the question of admit- ting territories. State sovereignty does not rest ui)on population, as in the make-up of the U. D. Senate neither population. BOOK I.] THE STAR ROUTE SCANDAL. 279 size, nor resources arc taken into account. Rhode Island, the smallest of all the States, and New York, the great Empire State, with over .'3,000,000 ol' inhabitants, stand upon an equality in the conservative branch of the Government. It is in the House of Representatives that the popula- tion is considered. Such is the jealousy of the larger States of their representation in the U. S. Senate, that few new ones would be admitted without long and con- tinuous knocking if it were not for partisan interests, and yet where a fair number of people demand State Government there is no just cause for denial. Yet all questions of population, natural division, area and resources should be given their proper weight. The area of the combined territories — Utah, Washington, New Mexico, Dakota, Arizona, Montana, Idaho, Wyoming and Indian is about 900,000 square miles. We exclude Alaska, which has not been sur- veyed. Indian Territory and Utah are for some years to come excluded from admission — the one being reserved to the occupancy of the Indians, while the other is by her peculiar institution of polygamy, generally thrown out of all calculation. And yet it may be found that polygamy can best be made anienable to the laws by the compul- sory admission of Utah as a State — an idea entertained by not a few Avho have given consideration to the question. Alaska may also be counted out for many years to come. There are but 30,000 inhabitants, few of these permanent, and Congress is now con- sidering a petition for the establishment of a territorial government there. Next to Dakota, New IMexico justly claims admission. The lands comprised within its original area were acquired from ^Mexico, at the conclusion of the war with that country, by the treaty of Guadalupe Hidalgo in 1848, and by act of September 9, 1850, a Territorial government was or- ganized. By treaty of December 30, 1853, the region south of the Gila river — the Gadsden purchase, so called — was ceded by Mexico, and by act of August 4, 1854, added to the Territory, which at that time included within its limits the present Ter- ritory of Arizona. Its prayer for admis- sion was brought to the serious attention of Congress in 1874. The bill was pre- sented in an able speech by Mr. Elkins, then delegate from the Territory, and had the warm support of many members. A bill to admit was also introducetl in the Senate, and passed that body February 25, 1875, by a vote of thirty-two to eleven, two of the present members of that body, Messrs. Ingalls and Windom, being among its supporters. The matter of admission came up for fiiuil action in the House at the same session, just prior to adjournment, and a motion to suspend the rules, in order to put it upon its final passage, was lost by a vote of one hundred and lifty-four to eighty-seven, and the earnest eiibrts to se- cure the admission of New Mexico wcro thus defeated. A bill for its admission is now a^ain before Congress, and it is a mat- ter of interest to note the representations as to the condition of the Territory then made, and the facts as they now exist. It has, according to the census of 1880, a population of 119,565. It had in 1870 a population of 91,874. It was claimed by the more moderate advocates of the bill that its population then numbered 135,000 (15,435 more than at present), while others placed it as high as 145,000. Of this po})- ulation, 45,000 were said to be of American and European descent. It was stated by Senator Hoar, one of the opponents of the bill, that, out of an illiterate population of 52,220, by far the larger part were native inhabitants of Mexican or Spanish origin, who could not speak the English language. This statement seems to be in large degree confirmed by the census of 1880, which shows a total native white population of 108,721, of whom, as nearly as can be as- certained,*upward of 80 per cent, are not only illiterates of Mexican and Spanish extraction, but as in 1870, speaking a for- eign language. The vote for Mr. Elkins, Territorial Delegate in 1875, was reported as being about 17,000. The total vote in 1878 was 18,806, and in 1880, 20,397, show- ing a comparatively insignificant increase from 1875 to 1880. The Territory of Washington was con- stituted out of Oregon, and organized a.s a Territory by act of March 2, 1853. Its population by the census of 1880 was 75,- 116, an increase from 23,955 in 1870. Of this total, 59,313 are of native and 15,803 of foreign nativity. Its total white popu- lation in the census year was 67,119; Chi- nese, 3,186 ; Indian, 4,105 ; colored, 326, and its total present jiopulation is probably not far from 95,000. Its yield of precious metals in 1880, and for the entire period since its development, while showing re- sources full of promise, has been much less than that of any other of the organized Ter- ritories. Its total vote for Territorial Dele- gate in 1880, while exceeding that of the Territories of Arizona, Idaho, and Wyo- ming, was but 15,823. The Territory of Arizona, organized out of a portion of New Mexico, and }n-ovided with a territorial government in 1863, con- tains about 5,000,000 acres less than the Territory of New Mexico, or an acreage exceeded by that of only five States and Territories. Its total population in 1870 was 9,658, and in 1880, 40,440, 351,60 of whom were whites. Of its total poimlation in the census vear, 24,391 were of native and 16,049 of forei^ju birth, the number of 280 AMERICAN POLITICS. [book r. Indians, Chinese, and colored being 6,000. Idaho was originally a part of Oregon, from which it was separated and provided with a territorial government by the act of March 3, 1863. It embraces in its area a little more than 55,000,000 acres, and had in 1880 a total population of 32,610, being an increase from 14,999 in 1870. Of this population, 22,636 are of native and 9,974 of foreign birth ; 29,013 of the total inhabi- tants are white, 3,379 Chinese and 218 In- dians and colored. The Territory of Montana, organized by act of May 26, 1864, contains an acreage larger than that of any other Territory save Dakota. While it seems to be inferior in cereal producing capacity, in its area of valuable grazing lands it equals, if it does not excel, Idaho. The chief prosperity of the Territory, and that which promises for it a future of growing importance, lies in its extraordinary mineral wealth, the pro- ductions of its mines in the year 1880 hav- ing been nearly twice that of any other Territory, with a corresponding excess in its total production, which had reached, on June 30, 1880, the enormous total of over $53,000,000. Its mining industries represent in the aggregate very large in- vested capital, and the increasing products, with the development of new mines, are attracting constant additions to its popula- tion, which in 1880 showed an increase, as compared with 1870, of over 90 per cent. For particulars see census tables in tabu- lated history. Wyoming was constituted out of the Territory of Dakota, and provided with territorial government July 25, 1868. Ly- in^ between Colorado and Montana, and adjoining Dakota and Nebraska on the east, it partakes of the natural characteris- tics of these States and Territories, having a fair portion of land suitable for cultiva- tion, a large area suitable for grazing pur- poses, and a wealth in mineral resources whose development, although of recent be- ginninn^, has already resulted in an en- couraging; yield in precious metals. It is the fiith in area. Henry Randall Waite, in an able article in the March number of the International Review (1882,) closes with these interest- ing paragraphs: 'It will be thus seen that eleven States organized from Territories, when author- ized to form State governments, and the Bame number when admitted to the Union, had free pojnilations of less tlian (10,000, and that of the slave States includccl in this number, seven in all, not one had the required number of fret; inhabitants, either when authorized to take tlie first stops to- ward a(liiii.-,sion f)r when finally adiiiittcd ; and that both rjf these .steps were (nkeri by two oi'tlie latter States with a total popu- lation, free and slave, below the required number. Why so many States have been authorized to form State governments, and have been subsequently admitted to the Union with populations so far below the requirements of the ordinance of 1787, and the accepted rules for subsequent ac- tion may be briefly explained as follows: 1st, by the ground for the use of a wide discretion afforded in the provisions of the ordinance of 1787, for the admission of States, when deemed expedient, before their population should equal the required number; and 2d, by the equally wide dis- cretion given by the Constitution in the words, 'New States may be admitted by Congress into this Union,' the only provi- sion of the Constitution bearing specifical- ly upon this subject. Efforts have been made at various times to secure the strict enforcement of the original rules, with the modification resulting from the increase in the population of the Union, which pro- vided that the number of free inhabitants in a Territory seeking admission should equal the number established as the basis of representation in the apportionment of Representatives in Congress, as determined by the preceding census. How little suc- cess the efforts made in this direction have met, may be seen by a comparison of the number of inhabitants forming the basis of representation, as established by the dif- ferent censuses, and the free population of the Territories admitted at corresponding periods. "At this late date, it is hardly to be ex- pected that rules so long disregarded will be made applicable to the admission of the States to be organized from the existing Territories. There is, nevertheless, a growing disposition on the part of Con- gress to look Avith disfavor upon the forma- tion of States whose population, and the development of whose resources, render the expediency of their admission ques- tionable; and an increasing doubt as to the propriety of so dividing the existing Territories as to multiply to an unneces- sary extent the number of States, with the attendant increase in the number of Repre- sentatives in the N.:itional Legislature. " To recapitulate the facts as to the pre- sent condition of the Territories with re- ference to their admission as States, it may be said that only Dakota, Utah, New Mexico and Washington are in possession of the necessary population according to the rule requiring ()0,000; that only the three first named conform to the rule de- manding a population equal to the present basis of representation ; that only Dakota, Utah and Washington give evidence of that intelligence on the part of their in- haliilanls which is essential to the proper exerei-e, under favorable conditions, of the extended rights of citizenship, and of that BOOK I.J THE CHINESE QUESTION. 281 progress in the development of their re- sources which makes scif-govoriiment es- sential, safe, or in any way desirable; and that only Dakota can be said, un(inestion- ably, to possess all of the requirements which, by the dictates of a sound policy, should be demanded of a Territory at this time seeking admission to the Union. " Wliatover the response to the Terri- torial messengers now waiting at the doors of Congress, a few years, at most, will bring an answer to their prayers. The Btars of a dozen prouil and prosperous States will soon be added to those already blazoned upon the blue field of the Union, and the term Territory, save as applied to the frozen regions of Alaska, will disappear from the map of the United States." The Chinese Q.uegtlon. Since 1877 the agitation of the prohibi- tion of Chinese immigration in California and other States and Territories on the Pacific slope has been very great. This led to many scenes of violence and in some instances bloodshed, when one Dennis Kearney led the Workingmen's party in Ban Francisco. On this issue an agitator and preacher named Kalloch was elected Mayor. The issue was carried to the Leg- islature, and in the vote on a constitu- tional amendment it was found that not only the labor but nearly all classes in California were opposed to the Chinese. The constitutional amendment did not meet the sanction of the higher courts. A bill was introduced into Congress restrict- ing Chinese immigrants to fifteen on each vessel. This passed both branches, but was vetoed by President Hayes on the ground that it was in violation of the spirit of treaty stipulations. At the sessions of 1881-82 a new and more radical measure was introduced. This prohibits immigra- tion to Chinese or Coolie laborers for twen- ty years. The discussion in the U. S. Senate began on the 28th of February, 1882, in a speech of unusual strength by Senator John F. Miller, the author of the Bill. From this we freely quote, not alone to show the later views entertained by the people of the Pacific slope, but to give from the lips of one who knows the lead- ing facta in the history of the agitation. Abstracts A-om the Text of Senator Miller's Speech. On hi$ Bill to Prohibit Chinese Immir of internal revenue at San Fran- cisco, showing the number of white people BOOK I.J THE CHINESE QUESTION. 285 and Chinese, relatively, employed on the Ist of Nuvcmbcr last in the manufacture of cigars. The statement is as follows : Number of white men employed 493 Number ot white women employed. 170 Total whites 603 Number of Chinese employed 5 182 " The facta of this statement were care- fully ascertained by three dei)Uty collec- tors. The San Francisco Assembly of Trades certify that tiiere are 8,265 Chinese employed in laundries. It is a well-known fact that white women who fi)rmerly did this work have been quite driven out of that employment. The same authority certifies that the number of Chinese now employed in the manufacture of clothing in San Francisco, is 7,510, and the num- ber of whites so employed is 1,000. In many industries the Chinese have entirely sujiplanted the wliite laborers, and thou- sands of our white people have quit Cali- fornia and sought immunity from this grinding competition in other and better- favored regions." ********* "If you would 'secure the blessings of liberty to ourselves and our posterity,' there must be some place reserved in which, and upon which, posterity can exist. What will the blessings of liberty be worth to posterity if you give up the country to the Chinese? If China is to be the breed- ing-ground for peopling this country, what chance of American posterity? We of this age hold this land in trust for our race and kindred. AVe hold republican govern- ment and free institutions in trust for American posterity. That trust ought not to be betraved. If the Chinese should in- vade the Pacific coast with arms in their hands, whtit a magnificent spectacle of mirtial resistance would be presented to a startled world ! The mere intimation oi' an attemj>t to make conquest of our west- ern shore by force would rouse the nation to a frenzy of enthusiasm in its defense. For years a peaceful, sly, strategic con- quest has been in progress, and American statesmanship has been almost silent, until the people have demanded action. " The land which is being overrun by the oriental invader is the fairest portion of our heritage. It is the land of the vine and the fig tree ; the home of the orani2:e, the olive, and the pomegranate. Its winter is a perpetual sprino:, and its summer is a golden harvest. There the northern jiine peacefully sways against the southern palm ; the tender azalea and the hardy rose min- gle their sweet perfume, and the tropic vine encircles the sturdy oak. Its valleys are rich atid glorious with luscious fruits and waving grain, and its lofty Mountains liko giants Htand, To sentinel iho eucliunt(Mi land. " I would see its fertile j)lains, its se- questered vales, its vine-clad hills, its deep blue canons, its furrowed mountain-sides, dotted all over with American homes — • the homes of a free, happy people, reso- nant with the sweet voices of fiaxiii-liaired children, and ringing with the joyous laughter of maiden fair — Soft aa hor climo, and sunny as her skies — like the homes of New England ; yet brighter and better far shall be the homes which are to be builded in tliat wonder- land by the sunset sea, the homes of a race from which shall spring The flower of men, To serve us model for the iriiKlity world, And be the fair beginning of a time." Reply of Senator Geo. F. Hoar. Senator Hoar, of Massachusetts, replied to Senator Miller, and presented the sup- posed view of the Eastern States in a mas- terly manner. The speech covered twenty- eight pamphlet pages, and was referred to by the newspaper as an effort equal to some of the best by Charles Sumner. We make liberal extracts from the text, as fol- lows : " Mr. President : A hundred yea« ago the American people founded a nation upon the moral law. They overthrew by force the authority of their sovereign, and separated themselves from the country which had planted them, alleging as their justification to mankind certain i:)roposi- tions which they held to be self-evident. " They declared — and that declaration is the one foremost action of human his- tory — that all men equally deri\e from their Creator the right to the pur-uit of happiness; that equality in the right to that pursuit is the fundamental rule of the divine justice in its application to man- kind; that its security is the end lor which governments are formed, and its destruc- tion good cause why governments should be overthrown. For a hundred years this principle has been held in honor. Under its beneficent 0])eration we have grown al- most twenty-fold. Thirteen States have become thirty-eight; three million have become fifty million ; wealth and comfort and education and art have flourished in still larger proportion. Every twenty years there is added to the valuation of this country a wealth enough to buy the whole German Empire, with its buildings and its ships and its invested property. This has been the magnet that has drawn immigration hither. The human stream, hemmed in by banks invisible but impassa- ble, does not turn toward IMexico, which can feed and clotlie a world, or South America, which can feed and clothe a hun- 286 AMERICAN POLITICS. [book I, dred worlds, but seeks only that belt of States where it finds this law in operation. The marvels of comfort and happiness it has wrought for us scarcely surpass what it has done for other countries. The im- migrant sends back the message to those he has left behind. There is scarcely a nation in Europe west of Russia which has not felt the force of our example and whose institutions are not more or less slowly ap- proximating to our own. " Every new State as it takes its place in the great family binds this declaration as a frontlet upon its forehead. Twenty-four of the States, including California herself, declare it in the very opening sentence of their constitutions. The insertion of the phrase ' the pursuit of happiness,' in the enumeration of the natural rights for secur- ing which government is ordained, and the denial of which constitutes just cause for its overthrow, was intended as an explicit affirmation that the right of every human being who obeys the equal laws to go everywhere on the surface of the earth that his welfare may require is beyond the rightful control of government. It is a birthright derived immediately from him who * made of one blood all nations of men for to dwell on all the face of the earth, and hath determined the times be- fore appointed and the bounds of their habi- tation.' He made, so our fathers held, of one blood all the nations of men. He gave them the whole face of the earth whereon to dwell. He reserved for himself by his agents heat and cold, and climate, and soil, and water, and land to determine the bounds of their habitation. It has long been the fnshion in some quarters, when honor, justice, good faith, human rights are appealed to, and especially when the truths declared in the opening sentences of the Declaration of Independence are in- voked as guides in legislation to stigmatize those who make the appeal as sentimenta- lists, incapable of dealing Avith practical affairs. It would be easy to demonstrate the falsehood of this notion. The men who erected the structure of this Government were good, practical builders and knew well the quality of the corner-stone when they laid it. When they put forth for the consideration of their contemporaries and of posterity the declaration which they thought a decent respect for the opiiuons of mankind reqiiircfl of them, they weighed carefully the fundamental proposition on which their immortal argument rested. Lord (yliatham's famous sentence will bear repeating again : When yur lordships look at the papers transmitted to us from America, when you consider their decency, firmness, and wisdom, you cannot but resjiect their ciuise and wi«h to make it your own. For myself I must declare and avow that in all my reading and observation — and it haa been my favorite study, I have read Thucydides, and have studied and admired the master states of the world — that for solidity of reasoning, force of sagacity, and wisdom of conclusion, under such a com- plication of difficult circumstances, no na- tion or body of men can stand in preference to the general Congress assembled at Philadelphia. The doctrine that the pursuit of happi- ness is an inalienable right with which men are endowed by their Creator, asserted by as religious a people as ever lived at the most religious period of their history, pro- pounded by as wise, practical, and far- sighted statesmen as ever lived as the vin- dication for the most momentous public act of their generation, was intended to commit the American people in the most solemn manner to the assertion that the right to change their hom.es at (heir plea- sure is a natural right of all men. The doc- trine that free institutions are a monopoly of the favored races, the doctrine that op- pressed people may sever their old alle- giance at will, but have no right to find a new one, that the bird may fly but may never light, is of quite recent origin. California herself owing her place in our Union to the first victory of freedom in the great contest with African slavery, is pledged to repudiate this modern heresy, not only by her baptismal vows, but by her share in the enactment of the statute of 1868. Her constitution read thus until she took Dennis Kearney for her law- giver : We, the people of California, grateful to Almighty God for our freedom, in order to secure its blessings, do establish this con- stitution. DECLARATION OF EIGHTS. Section 1. All men are by nature free and independent, and have certain inalien- able rights, among which are those of enjoy- ing and defending life and liberty, acquir- ing, possessing, and defending jiroperty, and pursuing and obtaining safety and happiness. Vr * Mr * * * * Sec. 17. Foreigners who are or who may hereafter become bona fide residents of this State, shall enjoy the same rights in respect to the possession, enjoyment, and inheritance of property, as native born citizens. In the Revised Statutes, section 1909, Congress in the most solemn manner de- clare that the right of expatriation is be- yond the lawful contnd of government: Sec. 1!);)9. Whereas the right of expa- triation is a n:\tur;il ;ind inherent right of all peoj»le. indispensable to the enjoj'ment of the rights of life, liberty, and the pur- suit of happiness; and BOOK I.J THE CHINESE QUESTION. 287 Whereas in the recognition of this prin- ciple this Government has freely received emij^rants i'rom all nations, and invested them with the rights of citizenship. This is a re-enactment, in |iart, of the statute of l.S()8, of which ]\Ir. Conness, then a California Senator, of Irish birlh, was, if not the author, the chief advocate. The California Senator called up the bill day after day. The bill originally provided that the President might order the arrest and detention in custody of " any subject jor citizen of such foreign government" as should arrest and detain any naturalized citizen of the United States under the claim that he still re- mained subject to his allegiance to his na- tive sovereign. This gave rise to debate. But there was no controversy about the part of the bill which I have read. The prea'uble is as follows: Whereas the right of expatriation is a n'ltur.il and inherent right of all people, indispensable to the enjoyment of the right-i of life, liberty, and the pursuit of liappincss, for the i)rotection of which the Government of the United States was es- tablished ; and whereas in the recogni- tion of this principle this Government has freely received emigrants from all nations and ve-;ted them with the rights of citizen- ship, &e. Mr. Howard declares that — The abs'dute right of expatriation is the great leading American principle. Mr. Morton says: That a man's right to withdraw from his native country and make his home in an- other, and thus cut himself oft from all connection with his native country, is a part of his natural liberty, and without that his liberty is defective. We claim that the right to liberty is a natural, in- herent, God-given right, and his liberty is imperfect unless it carries with it the right of expatriation. The bill containing the preamble above recited passed the Senate by a vote of 39 to 5. The United States of America and the Emperor of China cordially recognize the inherent and inalienable right of man to change his home and allegiance, and also the mutual advantage of the free migra- tion and emigration of their citizens and subjects re-^pectively from the one country to the other for purposes of curiosity, of trade, or as permanent residents. "The bill which passed Congress two years ago and was vetoed by President Hayes, the treaty of 1881, and the bill now before the Senate, have the same origin and are parts of the same measure. Two year^ ago it was proposed to exclude Chi- nese laborers from our borders, in express disregard of our solemn treaty obli;rations. This measure was arrested by President Hayes. The treaty of 1881 extorted from unwilling t'hina her consent that we might regulate, limit, or suspend the coming of Chinese laborers into this country- a con- sent of which it is proposed by tiiis bill to take advantage. This is entitled " A bill to enforce treaty stipulatious with Chi- na." " It seems necessary in discussing the statute briefly to review the history (jf the treaty. First let me say that the title of this bill is deceptive. There is no stipu- lation of the treaty which the bill enforces. The bill where it is not inconsistent with the compact only avails itself of a privi- lege which that concedes. China only re- laxed the r>iu-lingame treaty so far as to ])ermit us to ' regulate, limit, or suspend the coming or residence' of Chinese la- borers, 'but not absolutely to j)roliibit it.' The treaty expressly declares 'such limi- tation or suspension shall be reasonaljle.' But here is proposed a statute which for twenty years, under the severest penalties, absolutely inhibits the coming of Chinese laborers to this country. The treaty pledges us not absolutely to prohibit it. The bill is intended absolutely to prohibit it. " The second article of the treaty is this : " Chinese subjects, whether proceeding to the United States as traders, students, or merchants, or from curiosity, together with their body and household servants, and Chinese laborers, who are now in the Uni- ted States, shall be allowed to go and come of their own free will and accord, and shall be accorded all the rights, privileges, immunities, and exemptions which are ac- corded to the citizens and subjects of the most favored nations. " Yet it is difficult to believe that the com- plex and cuml)rous passport system jiro- vided in the last twelve sections of the bill was not intended as an evasion of this agreement. Upon what other nation, fa- vored or not, is such a burden imposed? This is the execution of a promise that they may come and go 'of their own free will.' " What has happened within thirteen years that the great Republic should strike its flag? What change has come over us that we should eat the bravest and the tru- est words Ave ever spoke ? From 1 8 ")8 to 1880 there was added to the population of the country 42,000 Chinese. " I give a table from the census of 1880 showing the Chinese population of each State : Statement shoicing the Chinese population in each State and Territon/, aecnrdinij to the United States censuses of 1870 and of 1880. Alabama 1 Alaska Arizona 20 1,630 288 AMERICAN POLITICS. [book I. Arkansas 98 134 California 49,310 75,025 Colorado 7 610 Connecticut 2 124 Dakota 238 Delaware 1 District of Columbia 3 13 Florida 18 Georgia 1 17 Idaho 4,274 3,378 Illinois 1 210 Indiana 33 Iowa 3 47 Kansas 19 Kentucky 1 10 Louisiana 71 481 Maine 1 9 Maryland 2 5 Massachusetts 97 237 Michigan 2 27 Minnesota 53 Misssissippi 16 62 Missouri 3 94 Montana 1,949 1,764 Nebraska .18 Nevada 3,152 6,420 New Hani])shire 14 New Jersey 15 176 New Mexico 65 New York 29 924 North Carolina Ohio 1 114 Oregon 3,330 9,513 Pennsylvania 14 160 Ehode Island 27 South Carolina 1 9 Tennessee 26 Texas 25 141 Utah 445 601 Vermont Virginia 4 6 Washington 234 3,182 West Virginia 14 Wisconsin 16 Wyoming 143 914 Total 63,264 105,463 "By the census of 1880 the Tiumber of Chinese in this country was 105,000 — one five-hundredth part of the whole popula- tion. The Chinese are the most easily governed race in the world. Yet every Chinaman in America has four hundred and ninf'ty-nine Americans to control him. The immigration was also constantly de- crca.'^ing for the last half of the decade. The Bureau of Statistics gives the num- bers as follows, (fortiie first eight years the figures are tliose of the entire Asiatic im- migration :) The number of immigrants from Asia, a.s reported by the United States Bureau of Statistics is as follows, namely: 1871 7,236 1872 7,S25 1873 20,326, 1874 13,857 1875 16,498 1876 22,943 1877 10,640 1878 9,014 Total 108,339 And from China for the year ended June 30— 1879 9,604 1880 5,802 Total .' 15,406 Grand Total 123,745 " See also, Mr. President, how this class of immigrants, diminishing in itself, di- minishes still more in its proportion to the rapidly increasing numbers who come from other lands. Against 22,943 Asiatic immigrants in 1876, there are but 5,802 in 1880. In 1878 there were 9,014 from Asia, in a total of 153,207, or one in seventeen of the entire immigration ; and this in- cludes all persons who entered the j^ort of San Francisco to go to any South American country. In 1879 there were 9,604 from China in a total of 250,565, or one iri twenty-six. In 1880 there were 5,802 from China in a total immigration of 5S3,359, or one in one hundred and two. The whole Chinese population, then, when the cen- sus of 1880 was taken, was but one in five hundred of our people. The whole Chinese immigration was but one in one hundred and two of the total immigration ; while the total annual immigration quadrupled from 1878 to 1880, the Chimse was in 1880 little more than one-half what it was in 1878, and one-fourth what it was in 1876. " The number of immigrants of all nations was 720,045 in 1881. Of these 20,711 were Chinese. There is no record in the Bureau of Statistics of the number who departed within the year. But a very high anti-Chinese authority jilaces it above 10,000. Perhaps the expection that the hostile legislation under the tre;;ty would not affect persons who entered before it took eflcct stimulated somewhat their coming. But the addition to the Chinese pojiulation was less than one seventy- second of the whole immigration. All the Chinese in the country do not exceed the population of its sixteenth city. All the Chinese in California hardly .-urpasa the number which is easily governed in Slianghai by a police of one hundred men. There are as many pure blooded Gypsies wandering about the country as there are Chinese in California, What an iiii-ult to American intelligence to ask leave of China to keep out her people, because this little handful of almond-eyed Asiatics threaten to destroy our boasted civiliza- BOOK I.] THE CHINESE QUESTION. 289 uon. We go boasting of our democracy, and our superiority, and our strength. Tlie flag bears the stars of hope to all nations. A hundred thousand Chinese land in California and everytliing is changed. God has not made of one blood all the nations any longer. The self-evident truth be- comes a self-evident lie. The golden rule does not apply to the natives oi' the con- tinent where it was first uttered. The United 8t ites surrender to China, the lie- public to the despot, America to Asia, Jesus to Joss. " There is another most remarkable ex- ample of tliis prejudice of race which has happily almost died out here, which has come down I'rom the dark ages and which survives with unabated ferocity in Eastern Europe. I mean the hatred of the Jew. The persecution of the Hebrew has never, so far as I know, taken the form of an affront to labor. In every other particular the reproache-i which for ten centuries have been leveled at him are reproduced to do service against the Chinese. The Hebrew, so it was said, was not a Chris- tian. He did not aililiate or assimilate into the nations where he dwelt. He was an unclean thing, a dog, to whom the crime of the crucitixion of his Saviour was never to be forgiven. The Chinese quar- ter of San Francisco had its type in every city of Europe. If the Jew ventured from his hiding-place he was stoned. His wealth made him the prey of the rapacity of the noble, and his poverty and weaknes:; the victim of the rabble. Yet how has this Oriental conquered Christendom by the sublimity of his patience? The great poet of New England, who sits by every Ameri- can fireside a beloved and perpetual guest, in that masterpiece of his art, the Jewish Cemetery at Newport, has described the degradation and the triumph of these per- secuted children of God. How camo thoyhere? Wliat burst of Christian hate, What iiorsecutioii, mercilc*) and blind, Drove o"er thit si'a — tliat desert desolate — These Ishmaols and Ilajrai-s of mankind? They lived in narrow streets and lanes obscure, Ghetto and Judonstrass, in mirk and niiro; Taught in the school of patience to endure The life of anguish and the death of lire. Anathema maranatha I was the cry That ning from town to town, fnini street to street; At every gate tlie accursi-d .MonliTui Was mocked and jeered, and sjmriu'd by Christian feet. Pride and humiliation hand in hand Walked with them through the world where'er they went ; Trampled and beaten were they as the sand, And yet unshaken as the continent. Forty years ago — Says Lord Beaconsfield, that great Jew who held England in the hollow of his hand, and who played on her aristocracy as on an organ, who made himself the master of an alien nation, its ruler, its 19 oracle, and through it, and in despite of it, for a time the master of JCurope — Forty years ago — not a longer period than the children of Israel were wandering in the desert — the two most dishonorea races in Europe were the Attic and the He- brew. The world has probably by this discovered that it is impossible to destroy the Jews. The attempt to extiri)ate them has been made under the most favorable ausi)ices and on the largest scale ; the most consideral)le means that man could com- mand have been pertinaciously ajjplied to this object for the longest period of re- corded time. Egyptian I'liaraohs, Assyrian kings, Roman emperors, Scandinavian cru.saders, Gothic princes, and holy inqui- sitors, have alike devoted their energies to the fulfillment of this common purpose. Expatriation, exile, captivity, confiscation, torture on the most ingenious and massa- cre on the most extensive scale, a curious system of degrading customs and debasing laws which would have broken the heart of any other people, have been tried, and in vain. " Lord Beaconsfield admits that the Jew3 contribute more than their proportion to the aggregate of the vile ; that the lowest class of Jews are obdurate, malignant, odious, and revolting. And yet this race of dogs, as it has been often termed in scorn, furnishes Euroj^e to-day its masters in finance and oratory and statesmanship and art and music. Rachel, Mozart, Men- delssohn, Disraeli, Rothschild, Benjamin, Heine, are but samples of the intellectual j)ower of a race which to-day controls the finance and the press of Europe. " I do not controvert the evidence which is relied upon to show that there are great abuses, great dangers, great offenses, which have grown out of the coming of this peo- ple. Much of the evil I believe might be cured by State and municipal authority. Congress may rightfully be called upon to go to the limit of the just exercise of the powers of government in rendering its aid. " We should have capable and vigilant consular officers in the Asiatic ports from which these immigrants come, without whose certificate they should not be re- ceived on board ship, and who should see to it that no person except those of good character and no person whose labor is not his own property be allowed to come over. Especially should the trade in human labor under all disguises be suppressed. Filthy habits of living must surely be with- in the control of municipal regulation. Everj' State may by legislation or by muni- cipal ordinance in its towns and cities pre- scribe the dimension of dwellings and limit the number who may occupy the same tenement. "But it is urged — and this in my judg- ment is the greatest argument for the b.II — 290 AMERICAN POLITICS. [book I. that the introduction of the labor of the Chinese reduces the wages of the American laborer. ' We are ruined by Chinese cheap labor" is a cry not limited to the class to whose representative the brilliant humor- ist of California first ascribed it. I am not in favor of lowering any where the wages of any American labor, skilled or unskilled. On the contrary, I believe the maintenance and the increase of the purchasing power of the wages of the American working man should be the one principal object of our legislation. The share in the product of agriculture or manufacture which goes to labor should, and I believe will, steadily increase. For that, and for that only, ex- ists our protective system. The acquisition of wealth, national or individual, is to be desired only for that. The statement of the accomplished Senator from California on this point meets my heartiest concur- rence. I have no sympathy with any men, if such there be, who favor high protection and cheap labor. " But I believe that the Chinese, to whom the terms of the California Senator attri- bute skill enough to displace the American in every field requiring intellectual vigor, will learn very soon to insist on his full share of the product of his work. But whe- ther that be true or not, the wealth he cre- ates will make better and not worse the con- dition of every higher class of labor. There may be trouble or failure in adjusting new relations. But sooner or later every new class of industrious and productive labor- ers elevates the class it displaces. The di»ead of an injury to our labor from the Chinese rests on the same fallacy that op- posed the introduction of labor-saving ma- chinery, and which opposed the coming of the Irishman and the German and the Swede. Within my memory in New Eng- land all the lower places in factories, all places of domestic service, were filled by the sons and daughters of American farm- ers. The Irishmen came over to take their jdaces; but the American farmer's son and daughter did not sufler ; they were only elevated to a higher plane. In the in- creased wealth of the community their share is much greater. The Irishman rose from the bog or the hovel of his native land to the comfort of a New England home, and placecl his children in a New England school. Tiio Yankee rises from the loom and the spinning-jenny to be the teacher, the .skilled laborer in the machine shop, the inventor, the merchant, or the opulent landholder and farmer of the West. A letter from F. A. Bee, Chinese Con- sul, approving tlie management of llic es- tate, accompanied the report of the re- feree : "Mr. President, I will not detain the Senate by reading the abundant testimony, of which this is but the sample, of the pos- session by the people of this race of the possibility of a development of every qua- lity of intellect, art, character, which fits them for citizenship, for republicanism, for Christianity. "Humanity, capable of infinite depths of degradation, is capable also of infinite heights of excellence. The Chinese, like all other races, has given us its examples of both. To rescue humanity from this degradation is, we are taught to'believe, the great object of God's moral government on earth. It is not by injustice, exclusion, caste, but by reverence for the individual soul that we can aid in this consummation. It is not by Chinese policies that China is to be civilized. I believe that the immor- tal truths of the Declaration of Indepen- dence came from the same source with the Golden Rule and the Sermon on the Mount. We can trust Him who promul- gated these laws to keep the country safe that obeys them. The laws of the universe have their own sanction. They will not fail. The power that causes the compass to point to the north, that dismisses the star on its pathway through the skies, pro- mising that in a thousand years it shall re- turn again true to its hour and keep His word, will vindicate His own moral law. As surely as the path on which our fathers entered a hundred years ago led to safety, to strength, to glory, so surely will the path on which we now propose to enter bring us to shame, to weakness, and to jjcril." On the 3d of March the debate was re- newed. Senator Farley protested that un- less Chinese immigration is prohibited it will be impossible to protect the Chinese on the Pacific coast. The feeling against them now is such that restraint is difficult, as the people, forced out of employment by them, and irritated by their constantly in- creasing numbers, arc not in a condition to submit to the deprivations they suffer by the presence of a Chinese population im- ported as slaves and absorbing to their own benefit the labor of the country. A remark of Mr. Farley about the Chinese led Mr, Hoar to ask if they were not the inventors of the printing press and of gunpowder. To this question Mr. Jones, of Nevada, made a brief speech, which was considered remarkable, ])rincipal]y because it was one of the very few speeches of any length that he has made since he became a Senator. Instead of agreeing Avith Mr. Hoar that the Chinese had inv-ented tlie printing press and gunpowder, hv said that infornuition he iuid received led him to believe that the Ciiinese were not entitled to the credit of either of these inventions. On the con- trary, tiicy had stolen them from Aryans or Caucasians who wandered into the king- BOOK I.] THE CHINESE QUESTION. 291 dom, Mr. Hoar smiled incredulously and made a remark to the efFcct that he had never heard of those Aryans or Caucasians before. Continuing his remarks, Mr. Farley ex- firessed his belief that should the Mongo- ian population increase and the Chinese come in contact with the Africans, the con- tact would result in demoralization and bloodshed which the laws could not pro- vent. Pig-tailed Chi namen would take the place everywhere of the working girl unless Congress extended its])rot('ction to Calilbr- nia and her white peojile, who had by their votes demanded a prohii)ition of Chinese immigration. Mr. Maxcy, interpreting the Constitution in such a way as to bring out of it an argument against Chinese immi- gration, said he found nothing in it to jus- tify the conclusion that the framcrs of it intended to bring into this country all na- tions and races. The only people the fathers had in view as citizens were those of the Caucasian race, and they contempla- ted naturalization only for such, for they had distinctly set forth that the heritage of freedom was to be for their posterity. No- body would pretend to express the opinion that it was'expected that the American peo- ple should become mixed up with all sorts of races and call the result " our posterity." While the American people had, in conse- quence of their Anglo-Saxon origin, been able to withstand the contact with the Af- rican, the Africans would never stand be- fore the Chine-se. Mr. Maxey opposed the Chinese because they do not come here to be citizens, because the lower classes of Chinese alone are immigrants, and because by contact they poison the minds of the less intelligent. Mr. Saulsbury had something to say in favor of the bill, and Mr. Garland, who vo- ted against the last bill because the treaty had not been modified, expressed his belief that the GDvernment could exercise proper- ly all the powers proposed to be bestowed by this bill. Some time was consumed by Mr. Ingalls in advocacy of an amendment offered by him, proposing to limit the sus- pension of immigration to 10 instead of 20 years. Mr. Miller and Mr. Bayard op- posed the amendment, Mr. Bayard taking the ground that Congress ought not to dis- regard the substantially unanimous wish of the people of California, as expressed at the polls, for absolute prohibition. The debate was interrupted by a motion for an executive session, and the bill went over un- til Monday, to be taken up then as the un- finished business. On March 6th a vote was ordered on Senator Ingalls' amendment. It was de- feated on a tie vote — yeas 23, nays 23. The vote in detail is as follows : Yeas — Messrs. Aldrich, Allison, Blair, Brown, Cockrell, Conger, Davis of Illinois, Dawes, Edmunds, Fryc, Harris,' Hoar, In- galls, Jackson, Lapham, McDill, McMil- lan, I\Iitchell, Morrell, Saunders, Sewell, Sherman and Teller — 23. Nays— Messrs. Bayard, Beck, Call, Came- ron of Wisconsin, Coke, Fair, Farley, Gar- land, George, Hale, Hampton, Hill of Colorado, Jonas, Jones of Nevada, Mc- Pherson, Marcy, Miller of California, Mil- ler of New York, ]\Iorgan, Ransom, Slater, Vest and Walker— 23. Pairs were announced between Davis, of West Virginia, Saulsbury, Butler, John- son, Kellogg, Jones, of Florida, and Grover, against the amendment, and Messrs. Win- dom, Ferry, Hawley, Piatt, Pugh, Rollins and Van Wyck in the affirmative. Mr. Camden was also paired. Mr. Edmunds, partially in reply to Mr. Hoar argued that the right to decide what constitutes the moral law was one inherent in the Government, and by analogy the right to regulate the character of the peo- ple who shall come into it belonged to a Government. This depended upon national polity and the fact as to most of the ancient republics that they did not possess homo- geneity was the cause of their fall. As to the Swiss Republic, it was untrue that it was not homogeneous. The difference there was not one of race but of different varieties of the same race, all of which are analogous and consistent with each other. It would not be contended that it is an advantage to a republic that its citizens should be made of diverse races, with di- verse views and diverse obligations as to what the common prosperity of all required. Therefore there was no foundation for the charge of a violation of moral and public law in our making a distinction as to the foreigners we admit. He challenged Mr, Hoar to produce an authority on national law which denied the right of one nation to declare what people of other nations should come among them. John Hancock and Samuel Adams, not unworthy citizens of Massachusetts, joined in asserting in the Declaration of Independence the right of the colonies to establish for themselves, not for other peoples, a Government of their own, not the Government of some- body else. The declaration asserted the family or consolidated right of a people within any Territory to determine the con- ditions upon which they would go on, and this included the matter of receiving the people from other shores into their family. This idea was followed in the Constitution by requiring naturalization. The China- man may be with us, but he is not of us. One of the conditions of his naturalization is that he must be friendly to the institu- tions and intrinsic polity of our Govern- ment. Upon the theory of the Massachu- setts Senators, that there is a universal oneness of one human being with every 292 AMERICAN POLITICS. [book I. otlier limnan "being on tlie globe, tliis tra- ditional and fundamental principle was entirely ignored. Such a theory as applied to Government was contrary to all human experience, to all discussion, and to every step of the founders of our Government. He said that Mr. Sumner, the predecessor of Mr. Hoar, was the author of the law on the coolie traffic, which imposes fines and penalties more severe than those in this bill upon any master of an American ves- sel carrying a Chinaman who is a servant. The present bill followed that legislation. Mr. Edmunds added that he would vote against the bill if the twenty-year clause was retained, but would maintain the soundness of principle he had enunciated. Mr. Hoar argued in reply that the right of expatriation carried with it the right to a home for the citizen in the country to which he comes, and that the bill violated not only this but the principles of the Fourteenth and Fifteenth Amendments which made citizenship the birthright of every one born on our soil, and prohibited an abridgement of the suffrage because of race, color, etc. Mr. Ingalls moved an amendment post own expense and of his own will, shall not be affected by this bill." Lost — yeas 19, nays 24. On motion of Mr. Miller, of California, the provision directing the removal of any Chinese unlawfully luund in a Customs Collection district by the Collector, was amended to direct that he shall be removed to the place from whence he came. On motion of Mr. Brown an amendment was adopted providing that the mark of a (Chinese immigrant, duly attested by a witness, may be taken as his signature upon the certificate of resignation or regis- tration issued to him. The question then recurred on the amendment offered by Mr. Farley that hereafter no State Court or United States Court shall admit Chinese to citizenship. Mr. Hawley, of Conn., on the following day spoke against what he denounced as " a bill of iniquities." On the 9th of March what proved a long and interesting debate was closed, the leading speech being made by Senator Jones (Hep.) of Nevada, in favor of the bill After showing the disastrous effects of the influx of the Chinese upon the Pa- poning the time at which the act shall take cific coast and answering some of the argu effect until sixty days after information of its passage has been communicated to China. After remarks by IMessrs. Dawes, Teller and Bayard, at the suggestion of Mr. Brown Mr. Ingalls modified his amendment by providing that the act shall not go into effect until ninety days after its passage, and the amendment was adopted. On motion of ]\Ir. Bayard, amendments were adopted making the second section read as follows : " That any master of any vessel of whatever nationality, who shall knowingly on such vessel bring within the jurisdiction of the United States and per- mit to be landed any Chinese laborer, " &c. Mr. Hoar moved to amend by add- ing the following : " Provided, that this bill shall not apply to any skilled laborer who shall establish that he comes to this country without any contract beyond which his labor is the property of any person be- sides himself. " Mr. Farley suggested that all the Chinese would claim to be skilled laborors. Mr. Hoar replied that it would test whether the bill struck at coolies or at skilled ]al)or. The amendment was rejected — Yeas, 17 ; nays, 27. Mr. Call moved to strike out the section which forfeits the vessel for the offense of the master. Lost. Mr. Hoar moved to amend by inserting: "Provided that any laborer who shall re- ceive a certificate from tlie U. S. Consul at the port wlicre he shall (■iid)ark that he is ments of the opponents of restriction, Mr. Jones said that he had noticed that most of those favoring Chinese immigration were advocates of a high tariff to protect American labor. But, judging from indi- cations, it is not the American laborer, but the lordly manufacturing capitalist who is to be protected as against the European capitalist, and who is to sell everything he has to sell in an American market, one in which other capitalists cannot compete with him, while he buys that which he has to buy — the labor of men — in the most open market. He demands lor the latter free trade in its broadest sense, and would have not only free trade in bringing in la- borers of our own race, but the Chinese, the most skilful and cunning laborers of the world. The laborer, however, is to buy from his capitalist master in a ])rotec- tive market, but that which he himself has to sell, his labor, and which he must sell every day (for he cannot wait, like the capitalist, for better times or travel here and there to dispose of it), he must sell in the openest market of the world. When the artisans of this country shall be made to understand that the market in which they sell the only thing they have to sell is an open one they will demand, as one of the conditions of their existc^nce, that they shall h.ave an open market in wdiich to buy what they want. As the Senator from JMassachusetts (Mr. Dawes) said he wanted the people to know that the bill was a blow struck at labor, Mr. Jones said he reitera- te(l the assertion with the (luaiirication ftn artisan coming to this country at hia I that it was not a blow at our own, but at BOOK I.] THE CHINESE QUESTION. 293 underpaid pauper labor. That cheap labor produces national wealth is a fallacy, as shown by the home condition of the 350,- 000,000 of Chinamen. " Was the Ijringing of the little brown man a sort of counter balance to the trades unions of this country? If he may be brought here, why may not tlie products of his toil come in? Now, when the la- borer is allowed to get that share from his lal)or that civilization has decided he slinll have, the little brown man is introduced. He (Mr. Jones) lielieved in protection, and had no prejudice against the capital- ist, but he would have capital and labor equally protected. Enlarging upon the consideration that the intelligence or crea- tive genius of a country in overcoming ob- stacles, not its material resources, consti- tutes its wealth, and that the low wages of the Chinese, while l)cnefiting individual employers, would ultimately impoverish the country by removing the stimulant to create labor-saving machinery and like in- ventions. Mr. Jones spoke of what he called the dearth of intellectual activity in the South in every department but one, that of politics. " This was because of the presence of a servile race there. The absence of South- ern names in the Patent Office is an illus- tration. We would not welcome the Africans here. Their presence was not a blessing to us, but an impediment in our way. The relations of the white and colored races of the South were now no nearer adjustment than they were years ago. He would prophesy that the African race would never be permitted to dominate any State of the South. The experiment to "that end had been a dismal failure, and a fiiilure not because we have not tried to make it succeed, but because laws away above human laws have placed the one race superior to aiul for above the other. The votes of the ignorant class might pre- ponderate, but intellect, not numbers, is the superior force in this world. We clothed the African in the Union blue and the belief that he was one day to be free was the candle-light in his soul, but it is one thing to aspire to be free and another thing to have the intelligence and sterling qualities of character that can maintain free government. Mr. Jones here ex- pressed his belief that, if left alone to main- tain a government, the negro would gradu- ally retrograde and go back to the methods of his ancestors. This, he added, may be heresy, but I believe it to be the truth. If, when the first shipload of African slaves came to this country the belief had spread that they would be the cause of political agitation, a civil war, and the future had been foreseen, would they have been al- lowed to land? How much of this country would now be worth preserving if the North had been covered by Africans as is South Carolina to-day, in view of tlieir non-assimilative character? The wisest policy would have been to exclude them at the outset. So we say of the Chinese to-day, he exclaim- ed, and for greater reason, because their skill makes them more formidable compe- titors than the negro. Subtle and adept in manipulation, the Chinaman can be put into almost any kind of a factory. His race is as obnoxious to us and as impossi- ble for us to assimilate with as was the negro race. His race has outlived every other because it is homogeneous, and for that reason alone. It has imj)osed its re- ligion and peculiarities upon its conquer- ors and still lived. If the immigration is not checked now, when it is within man- ageable limits, it will be too late to check it. What do we find in the condition of the Indian or the African to induce us to admit another race into our midst ? It is because the Pacific coast favor our own civilization, not that of another race, that they discourage the coming of these peo- ple. They believe in the homogeneity of our race, and that upon this depends the progress of our institutions and everything on which we build our hopes. Mr. MoERiLL, (Rep.) of Vt., said he ap- preciated the necessity of restricting Chi- nese immigration, but desired that the bill should strictly conform to treaty require- ments and be so perfected that questions arising under it might enable it to pass the ordeal of judicial scrutiny. Mr. Sherman', (Rep.) of Ohio, referring to the passport system, said the bill adopt- ed some of the most offensive features of European despotism. He was averse to hot haste in applying a policy foreign to the habits of our people, and regarded the measure as too sweeping in many of its provisions and as reversing our immigra- tion policy. After remarks by Messrs. Ingalls, Far- ley, Maxey, Brown and Teller, the amend- ment of Mr. Farley, which provides that hereafter no court shall admit Chinese to citizenship, was adopted — yeas 25, nays 22. The following is the vote : Yeas— Messrs. Bayard, Beck, Call, Cam- eron of Wisconsin, Cockrell, Coke, Fair, Farley, Garland, George, Gorman, Harris, .Tackson, Jonas, Jones of Nevada, Maxey, Morgan, Pugh, Ransom, Slater, Teller, Vance, Vest, Voorhees and Walker — 25. Nays — Messrs. Aldrich, Allison. Blair, Brown, Conger, Davis of Illinois, Dawes, Edmunds, Frye, Hale, Hill of Colorado, Hoar, Ingalls, Lapham, McDill, McMil- lan, Miller of New York, Mitchell, Mor- rill, Plumb, Saunders and Sawyer— 22. Mr. Grover's amendment construing the words " Chinese laborers," wherever used in the act, to mean both skilled and im- 294 AMERICAN POLITICS. [book I. skilled laborers and Chinese employed in mining prevailed by the same vote — yeas 25, nays 22. Mr.' Beoavn, (Dem.) of Ga., moved to strike out the requirement for the produc- tion of passports by the permitted classes whenever demanded by the United States authorities. Carried on a viva voce vote, the Chair (Mr. Davis, of Illinois) creating no little merriment by announcing, "The nays are loud but there are not many of them." MR. IXGALLS' AMEXDME^^. Upon the bill being reported to the Sen- ate from the Committee of the "Whole Mr. IxGALLS again moved to limit the suspen- sion of the coming of Chinese laborers to ten years. Mr. Jo>"t:s, of Nevada, said this limit would hardly have the effect of allaying agitation on the subject as the discussion would be resumed in two or three years, and ten years, he feared, would not even be a long enough period to enable Congress intelligently to base upon it any future policy. Mr. Miller, of California, also urged that the shorter period would not measura- bly relieve the business interest of the Pacific slope, inasmuch as the white immi- grants, who were so much desired, would not come there if they believed the Chi- nese were to be again admitted in ten years. Being interrupted by Mr. Hoar, he asserted that that Senator and other republican leaders, as also the last repub- lican nominee for President, had hereto- fore given the people of the Pacific slope good reason to believe that they would se- cure to them the relief they sought by the bill. Mr. Hoar, (Rep.) of Mass., briefly re- plied. The amendment was lost — yeas 20, nays 21. The vote is as follows : Yeas — Messrs. Aldrich, Allison, Blair, Brown, Conger, Davis of Illinois, Dawes, Edmunds, Frye, Hale, Hoar, Ingalls, Lap- ham, McDill,"McMillan, Mahone, Morrill, Plumb, Sawyer and Teller — 20. Nay.s — Messrs. Bayard, Beck, Call, Cam- eron of Wisconsin, Coke, Fair, Farley, Garland, George, Gorman, Jackson, Jonas, Jones of Nevada, Miller of California, Miller of New York, Morgan, Ransom, Slater, Vance, Voorliees and Walker — 21. Messrs. Butler, Camden, McPherson, Johnston. Davis of West Virginia, Pendle- ton and Rairsom were jiairod with Messrs. Hawley, Anthony, S<'well, Piatt, Van Wyck, Windom and Sherman. Messrs. Hampton, Pugh, Vest, Rollins and Jones of Florida were paired with absentees. PASSAGE OF THE BILL, The question recurred on the final pas- sage of the bill, and Mr. Edmunds closed the debate. He would vote against the bill as it now stood, because he believed it to be an infraction of good faith as pledged by the last treaty ; because he believed it injurious to the welfare of the people of the United States, and particularly the people on the Pacific coast, by preventing the development of our great trade with China. The vote was then taken and the bill was passed — yeas 29, nays 15. The following is the vote in detail : — Yeas — Messrs. Bayard, Beck, Call, Cam- eron of Wisconsin, Cockrell, Coke, Fair, Farley, Garland, George, Gorman, Hale, Harris, Hill of Colorado, Jackson, Jonas, Jones of Nevada, Miller of California, Miller of New York, Morgan, Pugh, Ran- som, Sawyer, Teller, Vance, Vest, Voor- hees and Walker — 29. Nays — Messrs. Aldrich, Allison, Blair, Brown, Conger, Davis of Illinois, Dawes, Edmunds, Frve, Hoar, Ingalls, Lapham, McDill, McMillan and Morrill— 15. Pairs were announced of Messrs. Cam- den, Davis of West Virginia, Grover, Hampton, Butler, McPherson, Johnston, Jones of Florida and Pendleton in favor of the bill, with Messrs. Anthony, Win- dom, Van Wyck, Mitchell, Hawley, Sewell, Piatt, Rollins and Sherman against it. Mr. Frye, (Rep.) of Me., in casting his vote, stated that he was paired with Mr. Hill, of Georgia, on all political questions, but that he did not consider this a politi- cal question, and besides, had express per- mission from Senator Hill to vote upon it. Mr. Mitchell, (Rep.) of Pa., in an- nouncing his pair with Mr. Hampton ' stated that had it not been for that fact he would vote against the bill, regarding it as un-American and inconsistent with the principles which had obtained in the gov- ernment. The title of the bill was amended so as to read, " An act to execute certain treaty stipulations relating to Chinese," though Mr. Hoar suggested that " execute " ought to be stricken out and " violate " inserted. The Senate then, at twenty minutes to six, adjourned until to-morrow. provisions of the bill. The Chinese Immigration bill as passed provides that from and after the expiration of ninety days after the passage of this act and until the ex})iration of twenty years after its passage the coming of Chinese la- borers to the United States shall be sus- pended, and prescribes a penalty of im- l>risoninent not exceeding one year and a iine of not more than $500 against the master of any vessel who brings any Chi- nese laborer to this country during that BOOK I.] THE CHINESE QUESTION. 295 period. It further provides that the classes of Cliinese excepted by the treaty from such prohibition— such as mercliants, teach- ers, students, travelers, diplomatic agents and Chinese laborers who were in the Uni- ted States on the 17th of November, 18S0 — shall be required, as a condition for their admission, to procure passports from the government of China personally identify- in^' them and showing that they individ- ually belong to one of the permitted classes, which passports must have been indorsed by the diplomatic representative of the United Slates in China or by the United States Consul at the port of departure. It also provides elaborate machinery for car- rying out the purposes of the act, and ad- ditional sections prohibit the admission of Chinese to citizenship by any United States or State court and construes the words "Chinese laborers" to mean both skilled and unskilled laborers and Chinese em- ployed in mining. The sentiment in favor of the passage of this bill has certainly greatly increased since the control of the issue has passed to abler liands than those of Kearney and Kalloch, whose conduct intensified the opposition of the East to the measure, which in 1879 was denounced as " violat- ing the conscience of the nation." Mr. Blaine's advocacy of the first bill limiting emigrants to fifteen on each vessel, at the time excited much criticism in the Eastern states, and was there a potent weapon against him in the nominating struggle for the Presidency in 1880 ; but on the other hand it is believed that it gave him strength in the Pacific States. Chinese immigration and the attempt to restrict it presents a question of the gra- vest importance, and was treated as such in the Senate debate. The friends of the bill, under the leadership of Senators Mil- ler and Jones, certainly stood in a better and stronger attitude than ever before. The anti-Chinese bill passed the House just as it came from the Senate, after a somewhat exended debate, on the 23d of March, 1882. Yeas 167, nays 65, (party lines not being drawn) as follows : Yeas — IMessrs. Aikin, Aldrich, Armfield, Atkins, Bayne, Belford, Belmont, IJerry, Bingham, Blackburn, Blanchard, Bliss, Blount, Brewer, Brumm, Buckner, Burrows, of Missouri; Butterworth, Cabell, Cald- well, Calkins, Campbell, Cannon, Casser- lev, Caswell, Chalmers, Chapman, Clark, Clements, Cobb, Converse, Cook, Cornell, Cox, of Now York ; Cox, of North Caro- lina ; Covington, Cravens, Culbcrtson, Cur- tin, Darrell, Davidson; Davis, of Illinois; Davis, of Missouri ; Dcmotte, Deuster, Dezendorf, Dibble, Dibrell, Dowd, Dugro, Ermentrout, Errett, Farwell, of Illinois ; Finley, Flowers, Ford, Forney, Fulkcrson, Garrison, Geddes, George, Gibson, Gueu- ther, Gunter, Hammond, of Georgia ; Har- dy, llarmer, Harris, of New Jersey ; Jlasel- tine. Hatch, Hazelton, Heilman, Ilerndon, Hewitt, of New York; Uill, Hiscock, Hoblitzell, Hoge, Hollman, Horr, Houk, House, Hubbell, Hubbs, Hutchins, Jont^, of Texas; Jones, of Arkansas; Jorgensou, Kenna, King, Klotz, Knott, Ladd, Lee- dom, Lewis, Marsh, Martin, Matson, Mc- Clure, McCook, McKenzie, McKinlev, Mc- Lane, McMillan, Miller, Mills, of Texas; Money, Morey, Moulton, Murch, Mutchler, O'Neill, Pacheco, Page, Paul, Payson, Pealse, Phelps, Phister, Pound, Randall, Reagan, Rice of Missouri, Richardson, Robertson, Robinson, Rosecrans, Scran- ton, Shallenberger, Sherwin, Simonton, Singleton, of Mississippi, Smith of Penn- sylvania, Smith of Illinois, Smith of New York, Sparks, Spaulding, Spear, S|)ringer, Stockslager, Strait, Talbott, Thomas, Thompson of Kentucky, Tillman, Town- send of Ohio, Townsend of Illinois, Tucker, Turner of Georgia, Turner of Kentucky, Updegraff, of Ohio, Ujjson, Valentine, Vance, Van Horn, Warner, Washburne, Webber, Welborn, Whitthorne, Williams of Alabama, Willis, Willetts. Wilson, Wise of Pennsylvania, Wise of Virginia, and W. A. Wood of New York— 1G7. The nays were Messrs. Anderson, Barr, Bragg, Briggs, Brown, Buck, Camp, Cand- ler, Carpenter, Chase, Crapo,Cullen, Dawes, Deering, Dingley, Dunnell, Dwight, Far- well of Iowa, Grant, Hall, Hammond, of New York, Hardenburgh, Harris, of Mas- sachusetts, Haskell, Hawk, Henderson, Hepburn, Hooker, Humphrey, Jacobs, Jones of New Jersey, Joyce, Kasson, Ketchum, Lord, McCoid, Morse, Norcross, Orth, Parker, Ramsey, Rice of Ohio, Rloe of Massachusetts, Rich, Richardson of New York, Ritchie, Robinson of Massachusetts, Russel, Ryan, Shultz, Skinner, Scooner, Stone, Taylor, Thompson of Iowa, Tyler, Updegraff of Iowa, Urner, Wadsworth, Wait, Walker, Ward, Watson, White and Williams of Wisconsin — 65. In the House the debate was partici- pated in by Messrs. Richardson, of South Carolina ; Wise and Brumm, of Pennsylva- nia; Joyce, of Vermont; Dunnell, of ^Min- nesota ; Orth, of Indiana; Sherwin, of Illi- nois; Hazelton, of Wisconsin; Pacheco, of California, and Townsend, of Illinois, and others. An amendment offered by Mr. Butterworth, of Ohio, reducing the period of suspension to fifteen years, was rejected. Messrs. Robinson, of JMnssachusctts; Cur- tin, of Pennsylvania, and Cannon, of Illi- nois, spoke up0. 1880. Oommmorco of all na- tions SH,280,oon,noo $i4,4o5,no(i,nno 240 liaihvavH (mil(^8 open) 44,4<)0 -J'^i,' 00 398 Shipiiitij,' toTinaKC! G.Odri.dOO 18,7'2(l,()()0 171 Currying' tiiiiiiaKo 8,404,000 34,280.000 304 " In 1850, therefore, for every $5,000,000 of international commerce there were fifty- four miles of railway and a maritime car- rying ])Ower of 9,900 tons ; and in 1880 the respective ratios had risen to seventy-seven BOOK I.J OUR MERCHANT MARINE. 297 miles and 12,000 tons'; this hss s.ivcd one- fourth freight and brought producer and consumers into such contact that we no longer hear " of the earth's products being wasted, of wheat rotting iu La Mancha, wool being used to mend wads and sheep being burned for fuel in the Argentine Republic." England lias mainly profited by this enormous develoj)inent, the shipping of the United Kingdom earning $300,000,- 000 yearly, and employing 200,000 seamen, whose industry is therefore equivalent to £300 per man, as compared with £190 for each of the factory operatives. The freight earned by all flags for sea-borne merchandise is $500,000,00, or about 8 per cent, of the value transported. Hence the toll whieli all nations pay to England for the carrying trade is) eipial to 4 per cent, (nearly) of th6 exported values of the earth's products and manufactures ; and pessimists who declare that ship owners are losing money or making small profits must be wrong, for the merchant marine is expanding every year. "The maximum tonnage of this country at anj' time registered in the foreign trade was in 1861, and then amounted to 5,539,- 813 tons ; Great Britain in the same year owning 5,895,369 tons, and all the other nations 5,800,767 tons. Between 1855 and 1860 over 1,300,000 American tons in ex- cess of the country's needs were employed by foreigners iu trades with which we had no legitimate connection save as carriers. In 1851 our registered steamships had grown from the 16,000 tons of 1848 to 63,- 920 tons — almost equal to the 65,920 tons of England, and in 1855 this had increased to 115,000 tons and reached a maximum, for in 1862 we had 1,000 tons less. In 1855 we built 388 vessels, in 1856 306 ves- sels and in 1880 26 vessels — all for the foreign trade. The total tonnage which entered our ports in 1856 from abroad amounted to 4,464,038, of which American built ships constituted 3,194,375 tons, and all others but 1,259,762 tons. In 1880 there entered from abroad 15,240,534 tons, of which 3,128,374 tons were American and 12,112,000 were foreign — that is, in a ratio of seventy-five to twenty-five, or actually 65,901 tons less than when we were twenty- four years younger as a nation. The grain fleet sailing last year from the port of New York numbered 2,897 vessels, of which 1,822 were sailing vessels carrying 59,822,- 033 bushels, and 1,075 were steamers laden with 42,426,533 bushels, and among all these there were but seventy-four Ameri- can sailing vessels and not one American steamer. " While this poison of decay has been eating into our vitals the possibilities of the country in nearly every other industry have reached a plane of (levelopment be- yond the dreams of the most enthusiastic theorizers. We have spread out in every direction and the promise of the future beggars imaginations attuned even to the key of our i)resent and past development. We have a timber area of 560,000,000 acres, and across our Canadian border there are 900,000,000 more acres ; in coal and iron production we are approaching the Old World. 1842. 1879. Coal — Tans. Tons. Great Britain... 35,000,000 135,000,000 United States... 2,000,000 60,000,000 Iron — Great Britain... 2,250,000 6,300,000 United States... 564,000 2,742,000 During these thirty-seven years the relative increase has been in coal 300 to 2,900 per cent., in iron 200 to 400 per cent., and all in our favor. But this is not enough, for England, with a coal area less than either Pennsylvania or Kentucky, has coaling stations in every part of the world and our steamers cannot reach our California ports without the consent of the English producers. Even if electricity takes the jjlace of steam it must be many years before the coal demand will cease, and to-day, of the 36,000,000 tons of coal required by the steamers of the world, three-fourths of it is obtained from Great Britain. " It is unnecessary to wire-draw statis- tics, but it may, as a last word, be interest- ing to show, with all our development, the nationality and increase of tonnage enter- ing our ports since 1856 : — Country. Increase. Decrease. England 6,977,163 — Germany 922,903 — Norway and Sweden... 1,214,008 — Italy 596,907 — France 208,412 — Spain 164,683 — Austria 226,277 — Belgium 204,872 — Russia 104,009 — United States — 05,901 " This," writes Lindsay, " is surely not decadence, but defeat in a far nobler con- flict than the wars for maritime supremacy between Rome and Carthage, consisting as it did in the struggle between the skill and industry of the people of two great na- tions." We have thus quoted the facts gathered from a source which has been endorsed by the higher naval authorities. Some reader will probably ask, " What relation have these facts to Ameriean polities?" We answer that the remedies proposed consti- tute political questions on which the great parties are very apt to divide. They have thus divided in the past, and parties have turned " about face " on similar questions. 298 AMERICAN POLITICS. [boos I, Just now tlie Democratic party inclines to "free ships" and liostility to subsidies — while the Republican party as a rule favors subsidies. Lieutenant Kelley summarized his proposed remedies in the two words: " free ships." Mr. Blaine would solve the problem hy bounties, for this purpose enacting a gene- ral law that should ignore individuals and enforce a policy. His scheme provides that anj' man or company of men who will build in an American yard, with American material, by American mechanics, a steam- ship of 3,000 tons and sail her from any port of the United States to any foreign port, he or they shall receive for a monthly line a mail allowance of $25 per mile per annum for the sailing distance between the two ports ; for a semi-monthly line $45 per mile, and for a weekly line $75 per mile. Should the steamer exceed three thousand tons, a small advance on these rates might be allowed ; if less, a corresponding reduc- tion, keeping three thousand as the average and standard. Other reformers propose a bounty to be given by the Government to the shipbuilder, so as to make the price of an American vessel the same as that of a foreign bought, equal, but presumably cheaper, ship. Mr. Blaine represents the growing Re- publican view, but the actual party views can only be ascertained when bills cover- ing the subject come up for considera- tion. Current Politics. We shall close this written history of the political ])arties of the United States by a brief statement of the present condition of affairs, as generally remarked by our own people, and by quoting the views of an in- teresting cotemporaneous English writer. President Arthur's administration has had many difSculties to contend with. The President himself is the legal successor of a beloved man, cruelly assassinated, whose well-rounded character and high abilities had won the respect even of those who de- famed him in the heat of controversy, while they excited the highest admiration of those \-\\o sbarcd his political views and thoughts. Stricken down before he had time to for- mulate a policy, if it was ever his intention to do so, he yet showed a })roper apprecia- tion of his high resi)onsibilities, and had from the start won the kindly attention of the country. (Jifted with the power of say- ing just the right thing at the right mo- ment, and saying it with all the grace and beauty of oratory, no President was better calculated to nialce friends as he nioveil ah»ng, than (larlichl. 'J'Ik; manil'estations of factional feeling which immediately jireccded his assassination, but wliich can- not for a moment be iuLelligcntly traced to that cause, made the path of his successor far more difficult than if he had been called to the succession by the operation of natu- ral causes. That he has met these difficul- ties with rare discretion, all admit, and at this writing partisan interest and dislike are content to "abide a' wee" before be- ginning an assault. He has sought no changes in the Cabinet, and thus through personal and political considerations seems for the time to have surrendered a Presi- dential prerogative freely admitted by all who understand the wisdom of permitting an executive officer to seek the advice of fi'iends of his own selection. Mr. Blaine and Mr. MacVeagh, among the ablest of the late President's Cabinet, were among the most emphatic in insisting upon the earliest possible exercise of this preroga- tive — the latter upon its immediate exer- cise. Yet it has been withheld in several particulars, and the Arthur administration has sought to unite, wherever divided (and now divisions are rare), the party which called it into existence, while at the same time it has by careful management sought to check party strife at least for a time, and devoted its attention to the advancement of the material interests of the country. Appointments are fairly distributed among party friends, not divided as between fac- tions ; for such a division systematically made would disrupt any party. It would prove but an incentive to faction for the sake of a division of the spoils. No force of politics is or ought to be better under- stood in America than manufactured disa- greements with the view to profitable com- promises. Fitness, recognized ability, and adequate political service seem to consti- tute the reasons for Executive appointments at this time. The Democratic party, better equipped in the National Legisture than it has been for years — with men like Llill, Bayard, Pen- dleton, Brown, Voorhees, Lamar and Gar- land in the Senate — Stephens, Randall, Hewitt, Cox, Johnson in the House — with Tilden, Thurman, Wallace and Hancock in the background — is led with rare abi- lity, and has the advantage of escaping re- sponsibilities incident to a majority party. It has been observed that this party is ])ur- suing the traditional strategy of minorities in our Republic. It has partially refused a further test on the tariff issue, and is seeking a place in advance of the Republi- cans on refunding questions — both popular measures, as shown in all recent elections. It claims the virtue of sympathy with the Mormons by qnestioning the propriety of legal assaults u|ion the liberty of con- science, while not oi)enly recording itself as a del'ender of the crime of jiolygamy. As a sf)li(l minority it has at least in the Se- nate yielded to the appeal ol' the States on the Pacific slope, and favored the abridg- BOOK I.] CURRENT POLITICS. 299 ment of Chinese immigration. On this question, however, tlie NV'^ astern Republi- can Senators as u rule were equally active in support of the Miller Bill, so that wliat- evcr the result, the issue can no longer be a political one in the Pacific States. The respectable support which the measure has latterly received has cast out of the strug- gle the Kearneys and Kallochs, and if there be demagogucry on cither side, it comes in better dress than ever before. Doubtless the parties will contest their claims to public support on their respective histories yet awhile longer. Party history has served partisan purposes an average of twenty years, when with that history recollections of wars are interwoven, and the last war having been the greatest in our history, the presumption is allowable that it will be freely quoted so long as sec- tional or other forms of distrust are ob- servable any where. When these recollec- tions fail, new issues will have to be sought or accepted. In the mere search for issues the minority ought always to be the most active ; but their wise ai)propriation, after all, depends upon the wisdom and ability of leadcrshij). It has ever been thus, and ever will be. This is about the only poli- tical prophecy the writer is willing to risk — and in risking this he but presents a view common to all Americans who claim to be " posted " in the politics of their country. What politicians abroad think of our "situation " is well told, though not always accurately, by a distinguished writer in the January (1882) number of ''The London Quarferlij Review." From this we quote some very attractive paragraphs, and at the same time escape the necessity of de- scriptions and predictions generally be- lieved to be essential in rounding off a po- litical volume, but which are always dan- gerous in treating of current affairs. Speak- ing of the conduct of both parties on the question of Civil Service Reform, the writer says : " What have they done to overthrow the celebrated Jacksonian precept^ ' to the victors belongs the spoils ? ' What, in fact, is it possible for thera to do under the present system? The political laborer holds that he is worthy of his hire, and if nothing is given to him, nothing will he give in return. There are tens of thou- sands of offices at the bestowal of every administration, and the persons who have helped to bring that administration into Sower expect to receive them. * In Great Iritain," once reuLirked the American paper wliich enjoys the largest circulation in the country, ' the ruling classes have it all to themselves, and the poor man rarely or never gets a nibble at the public crib. Here we take our turn. We know that, if our political rivals have the opportunity to-day, we shall have it to-morrow. This is the philosophy of the whole thing com- jjressed into a nutshell.' If President Arthur were to begin to-day to distribute offices to men who were most W(jrtliy to receive them, without reference to politi- cal services, his own party would rebel, and assuredly his path would nut be strewn with roses, lie was himself a vic- tim of a gross injustice perpetrated under the name of reform, lie filled the impor- tant post of Collector of the Port of New York, and filled it to the entire satisfaction of the mercantile community. President Hayes did not consider General Arthur sufficiently devoted to his interests, and he removed him in favor of a confirmed wire- puller and caucus-monger, and the admin- istration papers had the address to repre- sent this as the out(:ome of an honest eli'ort to reform the Civil Service. No one really supposed that the New York Cus- tom House was less a political engine than it had been before. The rule of General Arthur had been, in point of fact, singu- larly free from jobbery and corruption, and not a breath of suspicion was ever attached to his personal character. If he had been less faithful in the discharge of his difficult duties, he would have made fewer enemies. He discovered several gross cases of fraud upon the revenue, and brought the perpe- trators to justice; but the culprits were not without influence in the press, and they contrived to make the worse appear the better cause. Their view was taken at second-hand by many of the English jour- nals, and even recently the public here were gravely assured that General Arthur represented all that was base in American politics, and moreover that he was an enemy of England, for he had been elected by the Irish vote. The authors of these foolish calumnies did not perceive that, if their statements had been correct. General Garfield, whom they so much honored, must also have been elected by the Irish vote ; for he came to power on the very same ' ticket.' In reality, the Irish vote may be able to accomplish many things in America, but we may safely predict that it will never elect a President. General Arthur had not been many weeks in power, before he was enabled to give a remarkable proof of the injustice that had been done to hhn in this particular respect. The salute of the English flag at Yorktown is one of the most graceful incidents recorded in American history, and the order origi- nated solely with the President. A man with higher character or, it may be added, of greater accomplishments and fitness for his office, never sat in the Presidential chair. His first apjiointments are now ad- mitted to be better than those which were made by his predecessor for the same postd. Senator Frelinghuysen, the new Secretary 300 "AMERICAN POLITICS. [book I. of State, or Foreign Secretary, is a man of great ability, of most excellent judgment, and of the highest personal character. He stands far beyond the reach of all un- worthy iniluences. Mr. Folger, the Secre- tary of the Treasury, possesses the confi- dence of the entire country, and the nomination of the new Attorney-General "was received with universal satisfaction. All this little accords with the dark and forbidding descriptions of President Arthur which were placed before the public here on his .icvession to office. It is surely time that English writers became alive to the danger of accepting without question the distorted views which they find ready to their hands in the most bigoted or most malicious of American journals. "Democrats and Republicans, then, alike profess to be in favor of a thorough reform m the Civil Service, and at the present Kiomcnt there is no other very prominent question which could be used as a test for the admission of members into either party. The old issue, which no one could possibly mistake, is gone. How much the public really care for the new one, it would be a difficult point to decide. A Civil Ser- vice system, such as that which we have in England, would scarcely be suited to the " poor man," who, as the New York paper says, thinks he has a right occasionally to ' get a nibble at the public crib.' If a man has worked hard to bring his party into power, he is apt, in the United States, to think that he is entitled to some * recogni- tion,' and neither he nor his friends would be well pleased if they were told that, be- fore anything could be done for him, it would be necessary to examine him in modern languages and mathematics. More- over, a service such as that which exists in England requires to be worked with a sys- tem of pensions; and pensions, it is held in America, are opposed to the Republican idea.* If it were not for this objection, it may be presumed that some provision would have been made for more than one of the ex-Presidents, whose circumstances placed them or their families much in need of it. President Monroe spent his bust years in wretched circuinstances, and died bankru])t. ]\Irs. Madison 'knew what it was to want bread.* A negro ser- vant, who had once been a slave in the family, used furtively to give her 'small Bums ' — they must have bi-en very small — out of his own pocket. Mr. Pierce was, we believe, not far removed from in- ♦Enormoiifl mims ore, however, givon to soldieni who wcro wouiiili'J trii Hint tiai,! (Jo,(KK) (2i ixio.diKi;.) wiil huvo to bo jmid dnrim; lliu jiro.ifnt flM< ill yi'ur, for iirriMrn of |ioiiHiuii, and tlo' nuni- Ii-r of claiin:itit8 ie conilaiitly Inrri'asinc, [ThowritiT evidonflv got these " facts " "from BcuitutiuDul soiuceB] digence ; and it has been stated that after Andrew Johnson left the White House, he was reduced to the necessity of follow- ing his old trade. General Grant was much more fortunate; and we have re- cently seen that the American people have subscribed for ]\Irs. Garfield a sum nearly equal to £70,000. But a pension system for Civil Servants is not likely to be adopted. Permanence in office is another principle which has found no favor with the rank and file of either party in America, although it has sometimes been introduced into party platforms for the sake of producing a good effect. The plan of ' quick rotation ' is far more at- tractive to the popular sense. Divide the spoils, and divide them often. It is true that the public indignation is sometimes aroused, when too eager and rapacious a spirit is exhibited. Such a feeling was dis- played in 1873, in consequence of an Act passed by Congress increasing the pay of its own members and certain officers of the Government. Each member of Congress was to receive $7,500 a year, or £1,500. The sum paid before that date, down to 1865, was $5000 a year, or £1000, and * mileage ' free added — that is to say, members were entitled to be paid twenty cents a mile for traveling expenses to and from Washington. This Bill soon became known as the 'Salary Grab' Act, and popular feeling against it was so great that it was repealed in the following Session, and the former pay was restored. As a general rule, however, the ' spoils ' system has not been heartily condemned by the nation ; if it had been so condemned, it must have fallen long ago. " President Arthur has been admonished by his English counsellors to take heed that he follows closely in the steps of his I)redecessor. General Garfield was not long enough in oflSce to give any decided indications of the policy Avhich he intend- ed to pursue ; but, so far as he had gone, imjjartial observers could detect very little diflerence between his course of conduct in regard to patronage and that of former Presidents. Pie simply preferred the friends of Mr. Blaine to the friends of Mr. Conkling; but Mr. Blaine is a politician of precisely the same class as Mr. Conkling — both are men intimately versed in all the intricacies of ' primaries,' the ' caucus,' and the general working of the 'machine.' They arc precisely the kind of men which American politics, as at present practised and understood, are adapted to produce. ]\Ir. Conkling, however, is of more impe- rious a disposition than ]\Ir. Blaine ; the first disappointment or contradiction turns him from a friend into an enemy. Presi- dent Garfield removed the Collector of New York — the most lucrative and most coveted post in the entire Union — and in- BOOK I.j CURRENT POLITICS. 301 stead of nominating a friend of Mr. Conk- ling's for the vacancy, he nominated a friend of Mr. Blaine's. Now Mr. Conk- ling had done much to secure New York State for the Ilepuljlican.s, and thus gave them the vict(;ry ; and he thought himself entitled to better treatauiut than he re- ceived. But was it in the spirit of true re- form to remove the Collector, against whom no complaint had been made, merely for the purpose of creating a vacancy, and then of putting a friend of Mr. Blaine's into it — a friend, moreover, who had been largely instrumental in securing Cleneral Garfield's own nonunation at Chicago? * Is tills all that is meant, when the Reform party talk of the great changes which they aesire t(j see carried out? Again, the new President has been fairly warned by his advisers in this country, that he must abolish every abuse, new or old, connected with the distribution of patronage. If he is to execute this commission, not one term of ofli','0, nor three terms, will be sufficient for him. Over every appointment there will inevitably arise a dispute ; if a totally untried man is chosen, he will be suspected a.s a wolf coming in sheep's clothing; if a well known partizan is nominated, he will be deaouneed as a mere tool of the leaders, and tluTC will be another outcry against 'machine politics.' ' One party or other,' said an American journal not long ago, 'must begin the work of administering the Government on business principles,' and the writer admitted that the work would ' cost salt tears to many a politician.' The honor of making this beginning has not yet been sought for with remarkable eagerness by either party ; but seems to be deemed necessary to promise that some- thing shall be done, and the Democrats, being out of power, are naturally in the position to bid the highest. The reform will come, as we have intimated, when the people demand it ; it cannot come before, ibr few, indeed, are the politicians in the United States who venture to trust them- selves far in advance of public opinion. And evi'U of that few, there are some who have fouud out, by hard experience, that there is little honor or profit to be gained by undertaking to act as pioneers. " It is doubtless a step in advance, that both parties now admit the absolute ne- cessity of devising measures to elevate the character of the public service, to check the progress of corruption, and to intro- duce a better class of men into the offices which are held under the Government. The necessity of great reforms in these re- spects has been avowed over and over again by most of the leading journals and influential men in the country. The most * Tho iindonidble facts of the ca.se were ns wo have brietly indicated above. See, for oxamplo, a letter to the '2(6w York >le into sleep, whilst that j)Ower is swelling silently, s(>cret ly, and fatally. Of the same character are insinuations of a foreign in- fluence, which seize upon a laudable en- thusiasm against danger from a broad, and distort it by an unnatural application, so as to blind your eyes against danger at home. The sedition act presents a scene which was never expected by the early I'riends of the Constitution, li was then admitted BOOK II.J POLITICAL PLATFORMS, that the state sovereignties were only di- minished by i)owers specifically enumer- ated, or necessary to carry the specified powers into effect. Now lederal authority IS deduced from implication, and from the existence of state law it is inferred that Congress possesses a similar power of legis- lation ; whence Congress will be endowed with a power of legislation in all ca-ses whatsoever, and the states will be stript of every right re-ervcd by the concurrent claims of a parainouiit legislature. The sedition act is the ollspring of these tremendous pretensions, which inflict a death wound on the sovereignty of these states. For the honor of American understand- ing, we will not believe that the people have been allured into the adoption of the Constitution by an affectation of defining powers, whilst the pream})le would admit a construction whi.di would erect the will of Congress into a power paramount in all cases, and therefore limited in none. On the contrary, it is evident that the objects for which the Constitution was formed were deemed attaiiial>le only by a particu- lar enumeration and s])ecitication of each power granted to the federal government ; reserving all others to the ])eople, or to the states. And yet it is in vain we search for any specified power, embracing the right of legislation against the freedom of the })ress. Had the states been despoiled of their sovereignty by the generality of the preamble, and had the federal government been endowed with whatever they should judge to be instrumental towards union, justice, tranquillitv, common defence, gen- eral welfare, and the preservation of liberty nothing could have been more frivolous than an enumeration of powers. All the preceding arguments rising from a deficiency of constitutional power in Con- gress, apply to the alien act, and this act is liable to other objections peculiar to itself. If a suspicion that aliens are dangerous constitute the justification of that power exercised over them by Congress, then a similar suspicion will justify the exercise of a similar power over natives. Because there is nothing in the Constitution dis- tinguishing between the power of a state to jiermit the residence of natives and aliens. It is therefore a right originally possessed, and never surrendered by the respective states, and which is rendered dear and valuable to Virginia, because it is assailed through the bosom of the Constitution, and because her peculiar sitiuition renders the easy admission of artisans and labor- ers an interest of vast importance. But this bill contains other features, still more alarming and dangerous. It dispen- ses with the trial by jury : it violates the judicial system ; it confounds legislative, , executive, and judicial powers ; it punishes without trial ; and it bestows upon the President despotic power over a numerous class of men. Are such measures consistent with our constitutional principles? And will an accumulation of j)ower so extensive in the hands of the executive, over aliens, secure to natives the blessings of republi- can liberty ? If measures can mould governments, and if an uncontrolled power of construc- tion is surrendered to tliose who administer them, tlu'ir ])rogress may be easily foreseen and their end easily foretold. A lover of monarchy, who opens the treasures of cor- ru[)tion, by distributing emolument among devoted partisans, may at the same time be approaching his object, and deluding the jteoi)le with professions of republicanism. He may confound monarchy and republic- anism, by the art of definition. He may varnish over the dexterity which ambition never fails to display, with the pliancy of language, the seduction of expediency, or the i^rejudices of the times. And he may come at length to avow that so extensive a territory as that of the United States can only be governed by the energies of mon- archy ; that it cannot be defended, except ])y standing armies ; and that it cannot be united, except by consolidation. Measures have already been adopted which may lead to these consequences. They consist: In fiscal systems and arrangements, which keep a host of commercial and wealthy individuals, embodied and obedient to the mandates of the treasury. In armies and navies, which will, on the one hand, enlist the tendency of man to ])ay homage to his fellow-creature who can feed or honor him ; and on the other, em- ploy the principle of fear, by punishing imaginary insurrections, under the pretext of preventive justice. In swarms of officers, civil and militarj', who can inculcate political tenets tending to consolidation and monarchy, both by indulgences and severities ; and can act aa spies over the free exercise of human reason. In restraining the freedom of the press, and investing the executive with legisla- tive, executive, and judicial powers, over a numerous body of men. And, that we may shorten the catalogue, in establishing by successive precedents such a mode of construing the Constitution as will rapidly remove every restraint upon federal poAver. Let history be consulted ; let the man of experience reflect ; nay, let the artificers of monarchy be asked what farther mate- rials they can need for building up their favorite system ? These arc solemn, but painful truths; and yet we recommend it to you not to for- get the possibility of danger from without^ AMERICAN POLITICS. [book II. although danger threatens us from within. Usurpation is indeed dreadful, but against foreign invasion, if that should happen, let us rise with hearts and hands united, and repel the attack with the zeal of freemen, Avho will strengthen their title to examine and correct domestic measures by having defended their country against foreign ag- gression. Pledged as we are, fellow-citizens, to these sacred engagements, we yet humbly and fervently implore the Almighty Dis- poser of events to avert from our land war and usurpation, the scourges of mankind ; to permit our fields to be cultivated in peace ; to instill into nations the love of friendly intercourse ; to sutler our youth to be educated in virtue ; and to preserve our morality from the pollution invariably in- cident to habits of war ; to prevent the laborer and husbandman from being har- assed by taxes and imposts ; to remove from ambition the means of disturbing the commonwealth; to annihilate all pretexts for power atibrded by war; to maintain the Constitution ; and to bless our nation with tranquillity, under whose benign, in- fluence we may reach the summit of hap- piness and glory, to which we are destined by Nature and Nature's God. Attest, John Steavart, C. H. D. 1799, Jan. 23. Agreed to by the Senate. H. Brooke, C. S. A true copy from the original, deposited in the office of the General Assembly. John Stewart, Keeper of Eolls. Anavrers of tlie several State Leglslatares. State of Delaware. — In the House of Representatives, Feb. 1, 1799. Resolved, By the Senate and House of Representa- tives of the state of Delaware, in General Assembly met, that they consider the reso- lutions from tlie state of Virginia as a very unjustifiable interference with the general government and constituted authorities of the United States, and of dangerous tend- ency, and therefore not fit subject for the further consideration of the General As- sembly. Isaac Davis, Speaker of the Senate. Stephen Lewis, Speaker of the H. of R'b. Test— John Fisher, C. S. John Caldwell, C. H. R. State of Rhode Island and Prov- idence Plantations. — In General As- sembly, February, A. D. 1799. Certain resolutions of the Legislature of Virginia, pjvssed on 21 st of December la.st, being communicated to this A.sot;nibiy, 1. Resolved, That in the opinion of this legislature, the second section of third ar- ticle of the Constitution of the United States in these words, to wit : The judi- cial power shall extend to all cases arising under the laws of the United States, vests in the federal courts, exclusively, and in the Supreme Court of the United States ultimately, the authority of deciding on the constitutionality of any act or law of the Congress of the United States. 2. Resolved, That for any state legisla- ture to assume that authority, would be, 1st. Blending together legislative and judicial powers. 2d. Hazarding an interruption of the peace of the states by civil discord, in case of a diversity of opinions among the state legislatures ; each state having, in that case, no resort for vindicating its own opinions, but to the strength of its own arm. 3d. Submitting most important ques- tions of law to less competent tribunals ; and 4th. An infraction of the Constitution of the United States, expressed in plain terms. 3. Resolved, That although for the above reasons, this legislature, in their public capacity, do not feel themselves authorized to consider and decide on the constitu- tionality of the sedition and alien laws (so called) ; yet they are called upon by the exigency of this occasion, to declare, that in their private opinions, these laws are within the powers delegated to Congress, and promotive of the welfare of the Uni- ted States. 4. Resolved, That the governor commu- nicate these resolutions to the supreme ex- ecutive of the state of Virginia, and at the same time express to him that this legisla- ture cannot contemplate, without extreme concern and regret, the many evil and fatal consequences which may flow from the very unwarrantable resolutions afore- said, of the legislature of Virginia, passed on the twenty -first day of December last. A true copy. Samuel Eddy, Sec. COMMONAVEALTH OF MASSACHFSETTS. —In Senate, Feb. 9, 1799. The legisla- ture of Massachusetts having taken into serious consideration the resolutions of the State of Virginia, jiassed the 21st day of December last, and communicated by his excellency the governor, relative to certain supposed infractions of the Con- stitution of the United Slates, by the gov- criinuMit thereof, and licing convinced that till' Federal Constitution is calculated to promote the happiness, prosperity, and safety of the peojilc of these United States, and to maintain that union of the several states, so essential to the welfare of the whole ; and being bound by solemn oath BOOK II.] POLITICAL PLATFORMS. to support and defend that Constitution, feel it unnecessary to make any professions of their attachment to it, or of their firm determination to suj)p()rt it against every aggression, foreign or domestic. But they deem it their duty solemnly to declare, that while they hold sacred the principle, that consent of the people is the only pure source of just and legitimate power, they cannot admit the right of the state legislatures to denounce the adminis- tration of that government to which the people themselves, by a s(demn compact, have exclusively committed their national concerns : That, although a liberal and enlightened vigilance among the people is always to be cherished, yet an unreasona- ble jealousy of the men of their choree, and a recurrence to measures of extremity, upon groundless or trivial pretexts, have a strong tendency to destroy all rational lib- erty at home, and to dejjrive the United States of the most essential advantages in their relations abroad : That this legisla- ture are persuaded that the decision of all cases in law and equity, arising under the Constitution of the United States, and the construction of all laws made in pursu- ance thereof, are exclusively vested by the people in the judicial courts of the United States. That the people in that solemn compact, which is declared to be the supreme law of the land, have not constituted the state legislatures the judges of the acts or mea- sures of the federal government, but have confided to them the power of proposing such amendments of the Constitution, as shall appear to them necessary to the in- terests, or conformable to the wishes of the people whom they represent. That by this construction of the Con- stitution, an amicable and dispassionate remedy is pointed out for any evil which experience may prove to exist, and the peace and prosperity of the United States may be preserved without interruption. But, should the respectable state of Vir- ginia persist in the assumption of the right to declare the acts of the national government unconstitutional, and should she oppose successfully her force and will to those of the nation, the Constitution would be reduced to a mere cipher, to the form and pageantry of authority, without the energy of power. Every act of the federal government which thwarted the views or checked the ambitious i)rojects of a particular state, or of its leading and in- fluential members, would be the object of opposition and of remonstrance ; while the people, convulsed and confused by the conflict between two hostile jurisdictions, enjoying the protection of neither, wouUl be wearied into a submission to some bold leader, who would establish himself on the ruins of both. The legislature of Massachusetts, al- though they do not themselves claim the right, nor admit the authority of any of the state governments, to decide upon the constitutionality of the acts of the federal government, still, lest their silence should be construed into disapprobation, or at best into a doubt of the constitutionality of the acts referred to by the State of Vir- ginia ; and, as the General Assembly of Virginia has called for an expression of their sentiments, do explicitly declare, that they consider the acts of Congress, com- monly called "the alien and sedition acts," not only constitutional, but expedient and necessary: That the former act respects a description of persons whose rights were not particularly contemi)lated in the Con- stitution of the United States, who are en- titled only to a temporary protection, while they yield a temporary allegiance ; a protection which ought to be withdrawn whenever they become " dangerous to the public safety," or are found guilty of " treasonable machination " against the government : That Congress having been especially intrusted by the people with the general defence of the nation, had not only the right, but were bound to protect it against internal as well as external foes. That the United States, at the time of pass- ing the act concerning aliens, were threat- ened with actual invasion, had been driv- en by the unjust and ambitious conduct of the French government into warlike pre- parations, expensive and burthensome, and had then, within the bosom of the coun- try, thousands of aliens, who, we doubt not, were ready to co-operate in any ex- ternal attack. It cannot be seriously believed, that the United States should have waited till the poignard had in fact been plunged. The removal of aliens is the usual preliminary of hostility, and is justified by the invari- able usages of nations. Actual hostility had unhappily long been experienced, audi a formal declaration of it the government had reason daily to expect. The law,, therefore, was just and salutary, and nO' officer could, with so much propriety, be- intrusted with the execution of it, as the- one in whom the Constitution has reposedi the executive power of the United States.. The sedition act, so called, is, in the- opinion of this legislature, equally defen- sible. The General Assembly of Virginia, in their resolve under consideration, ob- serve, that when that state by its convent- tion ratified the Federal Constitution, it expressly declared, " That, among other- essential rights, the liberty of conscience- and of the press cannot be cancelled,, abridged, restraineil, or modified by any authority of the United States." and from its extreme anxiety to guard these rights from every possible attack of sophistrj' or 8 AMERICAN POLITICS. [book II. ambition, with other states, recommend an amendment for that purpose : Avhich amendment was, in due time, annexed to the Constitution ; but they did not surely expect that the proceedings of their state convention were to explain the amend- ment adopted by the Union. The words of that amendment, on this subject, are, " Congress shall make no law abridging the freedom of speech or of the press." The act complained of is no abridgment of the freedom of either. The genuine liberty of speech and the press, is the lib- erty to utter and publish the truth ; but the constitutional right of the citizen to utter and publish the truth, is not to be confounded with the licentiousness in speaking and writing, that is only em- ployed in propagating falsehood and slan- der. This freedom of the press has been explicitly secured by most, if not all, the state constitutions ; and of this provision there has been generally but one construc- tion among enlightened men ; that it is a security for the rational use and not the abuse of the press ; of which the courts of law, the juries, and people will judge; this right is not infringed, but confirmed and established by the late act of Congress. By the Constitution, the legislative, ex- ecutive, and judicial departments of gov- ernment are ordained and established ; and general enumerated powers vested in them respectively, including those which are prohibited to the several states. Cer- tain powers are granted in general terms by the people to their general government, for the purposes of their safety and protec- tion. The government is not only em- powered, but it is made their duty to re- pel invasions and suppress insurrections ; to guaranty to the several states a rei^ub- lican form of government ; to protect each state against invasion, and, when applied to, against domestic violence ; to hear and decide all cases in law and equity, arising under the Constitution, and under any treaty or law made in pursuance thereof; and all cases of admiralty and maritime jurisdiction, and relating to the law of na- tions. Whenever, therefore, it becomes necessary to efl'ect any of the objects de- signated, it is perfectly consonant to all just rules of construction, to infer, that the usual means and powers necessary to the attainment of that object, are also granted : But the Constitution has left no occiision t<^) resort to implication for these powers; it has made an express grant of tluin, in the Hh section of the first article, which ordains, "That Congress shall have jxiwer to make all laws which shall be neccssjiry and j)roper for carrj'ing into execution tiic foregc)ing powers, and all other powers vested by the Constitution in the govern- ment of the United States or in any de- partment or ollicer thereof." This Constitution has established a Su- preme Court of the United States, but has made no provisions for its protection, even against such improper conduct in its pres- ence, as might disturb its proceedings, un- less expressed in the section before recited. But as no statute has been passed on this subject, this protection is, and has been for nine years past, uniformly found in the application of the principles and usages of the common law. The same protection may unquestionably be afibrded by a stat- ute passed in virtue of the before-men- tioned section, as necessary and proper, for carrj'ing into execution the powers vested in that department. A construction of the diflerent parts of the Constitution, per- fectly just and fair, will, on analogous principles, extend protection and security against the offences in question, to the other departments of government, in dis- charge of their respective trusts. The President of the United States is bound by his oath " to preserve, protect, and defend the Constitution," and it is ex- pressly made his duty, " to take care that the laws be faithfully executed ; " but this would be impracticable by any created being, if there could be no legal restraint of those scandalous misrepresentations of his measures and motives, which directly tend to rob him of the public confidence. And equally impotent would be every other public officer, if thus left to the mercy of the seditious. It is holden to be a tn;th most clear, that the important trusts before enumerated cannot be discharged by the government to which they are committed, without the power to restrain seditious practices and unlawful combinations against itself, and to protect the officers thereof from abusive misrepresentations. Had the Constitution withheld this power, it would have made the government responsible for the effects without any control over the causes which naturally produce them, and would have essentially failed of answering the great ends for which the people of the United States declare, in the first clause of that in- strument, that they establish the same, viz : " To form a more perfect union, es- tablish justice, insure domestic tranquillity, provide for the common defence, promote the general warfare, and secure the bless- ings of liberty to ourselves and posterity." Seditious practices and unlawful combi- nations against the federal government, or any oflicer thereof, in the perlbrmance of iiis duty, :us well as licentiousness of speech and of the press, were punishable on the princijjles of common law in the courts of the United States, before the act in ques- tion was passed. This act then is an ame- lioration of that law in favor of the party accused, as it mitigates the punishment which that authorizes, and admita of any HOOK II.] POLITICAL PLATFORMS. investigation of public men and measures which is reguhited by truth. It is not in- tended to j)rotect men in office, only as they are agents of tlie people. Its object is to alford legal security to public offices and trusts created for the safety and hap- piness of the people, and therefore the se- curity derivetl from it is for the benefit of the people, and is their right. The construction of the Constitution and of the existing law of the hmd, as well as the act complained of, the legislature of Slassachusetts most deliberately and firmly believe results from a just and full view of the several parts of the Constitution : and they consider that act to be wise and ne- cessary, as an audacious and unprincipled spirit of falsehood and abuse had been too long unremittingly exerted for the pur- pose of perverting public opinion, and threatened to undermine and destroy the whole fabric of government. The legislature further declare, that in the foregoing sentiments they have ex- pressed the general opinion of their consti- tuents, who have not only acquiesced without complaint in those particular measures of the federal government, but have given their explicit approbation by re-electing those men who voted for the adoption of them. Nor is it apprehended, that the citizens of this state will be ac- cused of supineness or of an indifference to their constitutional rights ; for while, on the one hand, they regard with due vi- gilance the conduct of the government, on the other, their freedom, safety and happi- ness require, that they should defend that government and its constitutional mea- sures against the open or insidious attacks of any foe, whether foreign or domestic. And, lastly, that the legislature of Mas- sacnusetts feel a strong conviction, that the several United States are connected by a common interest which ought to ren- der their union indissoluble, and that this state will always co-operate with its con- federate states in rendering that union pro- ductive of mutual security, freedom, and happiness. Sent down for concurrence. Samuel Philips, President. In the House of Representatives, Feb. 13, 179<). Read and concurred. Edward II. Robbins, Speaker. A true copy. Attest, John Avery, Secretary. State of New York. — In Senate, I\Iarch 5, 1799. — Whereas, the people of the United States have established for themselves a free and independent national government: And whereas it is essential tv> the existence of every government, that it have authority to defend and preserve its constitutional powers inviolate, inas- much as every infringement thereof tends to its subversion: And wherea-s the judi- cial power extends expressly to all csi-ses of law and equity arising under tlie Con.sti- tution and the laws of the United States whereby the interference of the legislatures of the particular states in those cases is manifestly excluded : And whereas our peace, prosperity, and happiness, eminent- ly depend on the preservation of the Union, in order to which, a reasonable confidence in the constituted authorities and chosen representatives of the people is indispen- sable : And whereas every measure calcu- lated to weaken that confidence has a ten- dency to destroy the usefulness of our pub- lic functionaries, and to excite jealousies equally hostile to rational liberty, and the l^rinciples of a good republican govern- ment : And whereas the Senate, not per- ceiving that the rights of the particular states have been violated, nor any uncon- stitutional powers assumed by the general government, cannot forbear to express the anxiety and regret with which they observe the inflammatory and pernicious senti- ments and doctrines which are contained in the resolutions of the legislatures of Virginia and Kentucky — sentiments and doctrines, no less repugnant to the Consti- tution of the United States, and the prin- ciples of their union, than destructive to the Federal government and unjust to those whom the people have elected to ad- minister it: wherefore, Resolved, That while the Senate feel themselves con- strained to bear unequivocal testimony against such sentiments and doctrines, they deem it a duty no less indispensable, explicitly to declare their incompetency, as a branch of the legislature of this state, to su- pervise the acts of the general government. Resolved, That his Excellency, the Governor, be, and he is hereby requested to transmit a copy of the foregoing resolu- tion to the executives of the states of Vir- ginia and Kentucky, to the end that the same may be communicated to the legisla- tures thereof. A true copy. Abm. B. Baucker, Clerk. State of Connecticut. — At a General Assembly of the state of Connecticut, holden at Hartford, in the said state, on the second Thursday of May, Anno Domi- ni 1799, his excellency the governor hav- ing communicated to this assembly sundry resolutions of the legislature of Virginia, adopted in December, 1798, which relate to the measures of the general government; and the said resolutions having been con- sidered, it is Resolved, That this Assembly views with deep regret, and explicitly di.>re to express an opinion on tlie acts of the general government, cf)nimonlv called "the Alien and Sediticm Bills," that opinion would unreservedly j)e, that those acts are constitutional and, in the uresent (Titical situation of our ri.imtry, highly ex- pedient. That the constitutionality and cxpedi- encv of the acts aforesiud have been very ably advocated and clearly demonstrateil by Hianv citizens of the Uniteil States, more ettpecially by the minority of the General Assembly of Virginia. The legislature of New Hampshire, therefore, deem it unne- cessary, by any train of arguments, to at- tempt'further illustration of the proposi- tions, the truth of which, it is confidently believed, at this day, is very generally seen and acknowledged. Which report, being read and considered, was unanimously received and accepted, one hundred and thirty-seven membera being present. Sent up for concurrence. John Prentice, Speaker. In Senate, same day, read and concurred in unanimously. Amos Shepard, President. Approved June 15, 1799. J. T. Gilman, Governor. A true copy. Attest, Joseph Pearson, Sec'y. State of Vermont. — In the House of Representatives, October 30, A. D. 1799.-— The House proceeded to take under their consideration the resolutions of the Gene- ral Assembly of Virginia, relative to cer- tain measures of the general government, transmitted to the legislature of this state for their consideration ; whereupon. Resolved, that the General Assembly of the state of Vermont do highly disapprove of the resolutions of the General Assembly of the state of Virginia, as being unconsti- tutional in their nature and dangerous in their tendency. It belongs not to state legislatures to decide on the constitution- ality of the laws made by the general gov- ernment; this power being exclusively vested in judiciary courts of the Union. That his excellency the governor be re- quested to transmit a copy of this resolu- tion to the executive of Virginia, to be communicated to the General Assembly of that state; and that the same be sent to the Governor and Council for their con- currence. Samuel C. Crafts, Clerk. In Council, October 30, 1799.— Read and concurred in unanimously. Richard Whitney, Sec'y. Resolutions of 1798 and 1799. (Tho original druuKlit prepared by Thomas JciTorson.) The following resolutions passed the House of Rejiresentatives of Kentucky, Nov. 10, 1798. On the passage of the first resolution, one dissentient; 2d, 3d, 4th, r)th, Gth, 7th, 8th, two dissentients; 9th, three dissentients. 1. Ecsolvcd, That the several states com- ])osing the United States of America, are not nnitcil on the princii)le of unlimited submission to their general government; BOOK II.] POLITICAL PLATFORMS. 11 but that by compact under the style and title (jf a Constitution for the United States, and of aniendnients thereto, they consti- tuted a general government lor special pur- poses, delegated to that government certain definite powers, reserving, each state to it- self, the residuary nuiss of right to their own self-government: and, that whenso- ever the general government assumes un- delegated powers, its acts are unauthorita- tive, void, and of no force ; that to this compact each state acceded as a state, and is an integral party ; that this govern- ment, created by this compact, was not made the exclusive or final judge of the extent of the powers delegated to itself; since that would have made its discretion, and not the Constitution, the measure ol' its powers ; but, that as in all other cases of compact among parties having no com- mon judge, each party has an equal right to judge for itself, as well of infractions as of the mode and measure of redress. 2. Resolved, That the Constitution of the United States having delegated to Con- gress a power to punish treason, counter- feiting the securities and current coin of the United States, piracies and felonies committed on the high seas, and offences against the laws of nations, and no other crimes whatever ; and it being true, as a general principle, and one of the amend- ments to the Constitution having also de- clared, " that the powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people," therefore also the same act of Congress, passed on the 14th day of July, 1798, and entitled "An act in addition to the act entitled An act for the punishment of cer- tain crimes against the United States ;" as also the act passed by them on the 27th day of June, 1798, entitled " Xn act to punish frauds committed on the Bank of the United States," (and all other their acts which assume to create, define, or punish crimes other than those enumerated in the Constitution), are altogether void and of no force, and that the power to create, define, and punish such other crimes is reserved, and of right appertains solely and exclusively to the respective states, each within its own territory. 3. Resolved, That it is true, as a general principle, and is also expressly declared by one of the amendments to the Constitution, that "the powers not delegated to the United States by the Constitution, nor pro- hibited by it to the states, are reserved to the states respectively, or to the people ;" and that no power over the freedom of re- ligion, freedom of speech, or freedom of the press being delegated to the United States by the Constitution, nor prohibited by it to the states, all lawful powers respect- ing the same did of right remain, aud were reserved to the states or to the people ; that thus was manifested their determination to retain to themselves the right of judging how far the licentiousness of speech and of the press may be abridged without les- sening their useful freedom, and hov/ far those abuses which cannot be separated from their use should be tolerated rather than the use be destroyed ; and thus also they guarded against all abridgment by the United States, of the freedom of religious principles and exercises, and retained to themselves the rightof protecting the same, as this, stated by a law passed on the gen- eral demand of its citizens, had already protected them from all human restraint or interference : and that, in addition to this general principle and express declaration, another and more special provision has been made by one of the amendments to the Constitution, which expressly declares, that " Congress shall make no laws respect- ing an establishment of religion, or pro- hibiting the free exercise thereof, or abridging the freedom of speech, or of the press," thereby guarding in the same sen- tence, and under the same words, the free- dom of religion, of speech, and of the press, insomuch that whatever violates either, throws down the sanctuary which covers the others ; and that libels, false- hood, and defamation, equally with heresy and false religion, are withheld from the cognisance of federal tribunals. That there- fore the act of the Congress of the United States, passed on the 14th of July, 1798, entitled " An act in addition to the act en- titled An act for the punishment of certain crimes against the United States," which does abridge the freedom of the press, is not law, but is altogether void and of no force. 4. Resolved, That alien friends are under the jurisdiction and jirotection of the laws of the state wherein they are : that no power over them has been delegated to the United States, nor prohibited to the indi- vidual states distinct from their power over citizens ; and it being true, as a general princijile, and one of the amendments to the Constitution having also declared, that " the powers not delegated to the I'nited States by the Constitution, nor prohibited to the states, are reserved to the states re- spectively, or to the people," the act of the Congress of the United States, passed the 22d day of June, 1798, entitled " An act concerning aliens," which assumes power over alien friends not delegated by the Con- stitution, is not law, but is altogether void and of no force. 5. Resolved, That in addition to the gen- eral princi]>le as well as the express de- claration, tliat powers not delegated are re- served, another and more special provision inferred in the Constitution, from abund- ant caution has declared, " that the migra- 12 AMERICAN POLITICS. [book II. tion or importation of such persons as any of the states now existing shall think pi'oper to admit, shall not be prohibited by the Congress prior to the year 1808." That this commonwealth does admit the migra- tion of alien friends described as the sub- ject of the said act concerning aliens ; that a provision against prohibiting their migra- tion, is a provision against all acts equiva- lent thereto, or it would be nugatory ; that to remove them when migrated is equiva- lent to a prohibition of their migration, and is, therefore, contrary to the said pro- vision of the Constitution, and void. 6. Resolved, That the imprisonment of a person under the protection of the laws of this commonwealth on his failure to obey the simple order of the President to depart out of the United States, as is under- taken by the said act, entitled, " An act concerning aliens," is contrary to the Con- stitution, one amendment in which has provided, that " no person shall be deprived of liberty without due process of law," and, that another having provided, " that in all criminal prosecutions, the accused shall enjoy the right to a public trial by an impartial jury, to be informed as to the nature and cause of the accusation, to be confronted with the witnesses against him, to have compulsory process for obtaining witnesses in his favor, and to have assist- ance of counsel for his defence," the same act undertaking to authorize the President to renu)ye a person out of the United States who is under the protection of the law, on his own suspicion, without jury, without public trial, witlumt confrontation of the witnesses against him, without having wit- nesses in his favor, without defence, with- out counsel, is contrary to these provisions also of the Constitution, is therefore not law, but utterly void and of no force. That transferring the power of judging any person who is under the protection of the laws, from the courts to the President of tlie United States, as is undertaken by the same act concerning aliens, is against the article of the Constitution which pro- vides, that " the judicial power of the United States shall be vestea in the courts, the judges of which shall hold their office during good behavior," and that the said act is void for that reason also ; and it is further to be noted that this transfer of judiciary power is to that magistrate of the general government who already possesses all tlie executive, and a qualified negative in all the legislative powers. 7. Ii'esolrrd, That the construction ap- plied by the gcru-ral government fas is evident l)y sundry of their proceedings) to those parts of the Constitution of the United States which delegate to Congress power U} lay and collect tuxes, duties, im- posts, excises; to pay the debts, and pro- vide for the common defence and general welfare of the United States, and to make all laws which shall be necessary and proper for carrying into execution the powers vested by the Constitution in the government of the United States, or any department thereof, goes to the destruction of all the limits prescribed to their power by the Constitution : That words meant by that instrument to be subsidiary only to the execution of the limited powers, ought not to be so construed as themselves to give unlimited powers, nor a part so to be taken as to destroy the whole residue of the in- strument : That the proceedings of the general government under color of those articles, will be a fit and necessary subject for revisal and correction at a time of greater tranquillity, while those specified in the preceding resolutions call for imme- diate redress. 8. Resolved, That the preceding resolu- tions be transmitted to the Senators and Kepresentatives in Congress from this com- monwealth, who are enjoined to present the same to their respective Houses, and to use their best endeavors to procure at the next session of Congress a repeal of the aforesaid unconstitutional and obnox- ious acts. 9. Resolved lastli/, That the governor of this commonwealth be, and is hereby au- thorized and requested to communicate the preceding resolutions to the legislatures of the several states, to assure them that this commonwealth considers union for special national pui']>oses, and particularly for those specified in their late federal com- pact, to be friendly to the peace, happiness, and prosperity of all the states — that, faith- ful to that compact, according to the plain intent and meaning in which it was under- stood and acceded to by the several parties, it is sincerely anxious for its preservation ; that it does also believe, that to take from the states all the powers of self-govern- ment, and transfer them to a general and consolidated government, without regard to the s])ecial delegations and reservations solemnly agreed to in that compact, is not for tlie jieace, happiness, or prosjierity of these states ; and that, therefore, this com- monwealth is determined, as it doubts not its co-states are, to submit to undelegated and consecpicntly unlimited powers in no man, or body of men on earth : that if the acts before siiecified should stand, these conclusions would flow from them ; that the general government may place any act tlicy tliink ))r()peron the list of crimes and punish it themselves, whether enumerated or not enumerated by the Constitution a.s cognisable by them ; that they may trans- fer its cognisance to the President or any other jierson, who may himself be the ac- cuser, counsel, judge, and jury, whose sus- picions may he tlie evidence, his order the sentence, his officer the executioner, and BOOK II.] POLITICAL PLATFORMS. 13 his breast the sole record of the transac- tion ; that a very numerous and valuable description of the inhabitants of these states, being by this precedent reduced as outlaws to the absolute dominion of one man and the barriers of the Constitution thus swei)t from us all, no ramj)art now re- mains against the passions and the power of a majority of Congress, to j>rotect from a like exportation or other grievous pun- ishment the minority of the same body, the legislatures, judges, governors, and counsellors of the states, nor their other j)eaceal)le inhabitants who may venture to reclaim the constitutional rights and liber- ties of the states and people, or who, for other causes, good or bad, may be obnox- ious to the view or marked by the suspi- cions of the President, or to be thought dan- gerous to his or their elections or other interests, public or personal ; that the friendless alien has been selected as the safest subject of a first experiment ; but the citizen will soon follow, or rather has already followed ; for, already has a sedi- tion act marked him as a prey : that these and successive acts of the same character, unless arrested on the threshold, may tend to drive these states into revolution and blood, and will furnish new calumnies against republican governments, and new pretexts for those who wish it to be be- lieved, that man cannot be governed but by a rod of iron ; that it would be a dan- gerous delusion were a confidence in the men of our choice to silence our fears for the safety of our rights ; that confidence is everywhere the parent of despotism ; free government is found in jealousy and not in confidence ; it is jealousy and not con- fidence which prescribes limited constitu- tions to bind down those whom we are obliged to trust with power; that our Con- stitution has accordingly fixed the limits to which, and no farther, our confidence may go ; and let the honest advocate of confidence read the alien and sedition acts, and say if the Constitution has not been wise in fixing limits to the government it created, and whether we should be wise in destroying those limits ? Let him say what the government is, if it be not a tyranny, which the men of our choice have conferred on the President, and the President of our choice has assented to and accepted over the friendly strangers, to whom the mild spirit of our country and its laws had jnedged hospitality and protection ; that the men of our choice have more respected the bare suspicions of the President than the solid rights of innocence, the elaimsof justification, the sacred force of truth, and the forms and substance of law and justice. In questions of power, then, let no more be said of confidence in man, but l)ind him down from mischief by the chains of tlu- Constitution. That this Commonwealth does therefore call on its co-states for an expression of tjieir sentiments on the acts concerning aliens, and for the punishment of certain crimes hereinbefore specified, plainly declaring whether these acts are or are not authorized by the federal compact. And it doubts not that their .sense will be so announced as to prove their attachment to limited government, whether general or particular, and that the rights and liberties of their co-states will be expensed to no dangers by remaining embarked on a com- mon bottom with their own : but they will concur with this commonwealth in consid- ering the said acts as so palpably against the Constitution as to amount to an undis- guised declaration, that the compact is not meant to be the measure of the powers of the general government, but that it will proceed in the exercise over these states of all powers whatsoever. That they will view this as seizing the rights of the states and consolidating them in the hands of the general government, wini a power assumed to bind the states (not merely in cases made federal) but in all cases whatsoever, by laws made, not with their consent, but by others against their consent ; that this would be to surrender the form of govern- ment we have chosen, and live under one deriving its powers from its own will, and not from our authority ; and that the co- states recurring to their natural rights in cases not made federal, will concur in de- claring these void and of no force, and will each unite with this Commonwealth in re- questing their repeal at the next session of Congress. Edmund Bullock, S. H. R. John Campbell, S. P. T. Passed the House of Representatives, Nov. 10, 1798. Attest, Thos. Todd, C. H. R. In Senate, Nov. 13, 1798. — Unanimously concurred in. Attest, B. Thurston, C. S. Approved, Nov. 19, 1798. Jas. Garrard, Gov. of Ky. By the Governor, Harry Toulmin, Sec. of State. House of Representatives, Thursday, "I Nov. 14, 1799. j The House, according to the standing order of the day, resolved itself into a committee of the whole House, on the state of the commonwealth. Me. Desha in the chair; and after some time spent therein, the speaker resumed the chair, and Mr. Desha reported that the committee had taken under consideration sundry resolu- tions passed by several state legislatures, on the subject of the alien and sedition laws, and had come to a resolulion tliore- upon, which he delivered in at the clerk's 14 AMERICAN POLITICS. [book ii. table, where it was read and unanimously agreed to by the House, as follows : — The representatives of the good people of this commonwealth, in General Assem- bly convened, having maturely considered the answers of sundry states in the Union, to their resolutions passed the last session, respecting certain unconstitutional laws of Congress, commonly called the alien and sedition laws, would be faithless, indeed, to themselves and to those they represent, were they silently to acquiesce in the prin- ciples and doctrines attempted to be main- tained in all those answers, that of Vir- ginia only excepted. To again enter the field of argument, and attempt more fully or forcibly to expose the unconstitutional- ity of those obnoxious laws, would, it is apprehended, be as unnecessary as unavail- ing. We cannot, however, but lament that, in the discussion of those interesting subjects by sundry of the legislatures of our sister states, unfounded suggestions and uncandid insinuations, derogatory to the true character and principles of this commonwealth, have been substituted in place of fair reasoning and sound argu- ment. Our opinions of these alarming measures of the general government, to- gether with our reasons for those opinions, were detailed with decency and Avith tem- per, and submitted to the discussion and judgment of our fellow-citizens throughout the Union. Whether the like decency and temper have been observed in the an- swers ol most of those states who have denied or attempted to obviate the great truths contained in those resolutions, we have now only to submit to a candid world. Faithful to the true principles of the Fed- eral Union, unconscious of any designs to disturb the harmony of that Union, and anxious only to escape the fangs of despot- ism, the good people of this common- wealth are regardless of censure or calum- niation. Lest, however, the silence of this commonwealth shcnUd be construed into an acquiescence in the doctrines and principles advanced and attempted to be maintained by the said answers, or lest those of our fellow-citizens throughout the Union who so widely differ from us on those imi)ortant subjects, should be deluded by the expectation, that we shall be de- terred from wliat we conceive our duty, or shrink from the principles contained in tliose resolutions — therefore, Rcsulvrd^ That this commonwealth con- siders the Federal Union, upon the terms and for the jiurposes si)('cifieair the energy of the system, ami thus to un- dermine what cannot be directly over- tlirown. In all the changes to which you may be invited, remember that lime and 18 AMERICAN POLITICS. [book II. habit are at least as necessary to fix the true character of governments as of other human institutions ; that experience is the surest standard by which to test the real tendency of the existing constitution of a country ; that facility in changes, upon the credit of mere hypothesis and opinion ex- poses to perpetual change, from the end- less variety of hypothesis and opinion ; and remember, especially, that for the efficient management of your common interests, in a country so extensive as ours, a govern- ment of as much vigor as is consistent with the perfect security of liberty is indispen- sable. Liberty itself will find in such a government, with powers properly distri- buted, and adjusted, its surest guardian. It is, indeed, little else than a name, where the government is too feeble to withstand the entei'prise of faction, to confine each member of the society within the limits de- scribed by the laws, and to maintain all in the secure and tranquil enjoyment of the rights of person and property. I have already intimated to you the danger of parties in the state with particu- lar reference to the founding of them on geographical discriminations. Let me now take a more comprehensive view, and warn you, in the most solemn manner, against the baneful effects of the spirit of party generally. This spirit, unfortunately, is inseparable from our nature, having its root in the strongest passions of the human mind. It exists under diflerent shapes in all govern- ments, more or less stifled, controlled, or repressed ; but in those of the popular form it is seen in its greatest rankness, and is truly their worst enemy. The alternate domination of one faction over another, sharpened by the spirit of revenge, natural to party dissensions, which, in diflerent ages and countries, has perpetrated tlio most horrid enormities, is itself a frightful despotism. But this leads, at length, to a more formal and permanent despotism. The disorders and miseries which result, gradually incline the minds of men to seek security and re- pose in the absolute power of an indi- vidual ; and sooner or later, the chief of some prevailing faction, more able or more fortunate than his competitors, turns this disposition to the purposes of his own ele- vation on the ruins of public lijjert)'. Without looking forward to an ex- tremity of this kind (whicli, nevertheless, ought not to be entirely out of sight), the common and continual mischiefs of the spirit of i)arty are sufficient to make it the interest and (hity of a wise people to dis- courage and restrain it. It serves alwavs t^) distract the puVilic councils, and enfeeble tlie public adminis- tration. It agitates the community with ill-founded jealousies and false alarms; kindles the animosity of one part against another ; foments, occasionally, riot and insurrection. It opens the door to foreign influence and corruption, which find a facilitated access to the government itself, through the channels of party passions. Thus the policy and the will of one coun- try are subjected to the policy and will of another. There is an opinion that parties, in free countries, are useful checks upon the ad- ministration of the government, and serve to keep alive the spirit of liberty. This, within certain limits, is probably true; and in governments of a monarchical cast, patriotism may look with indulgence, if not with favor, upon the spirit of party. But in those of the popular character, in governments purely elective, it is a spirit not to be encouraged. From their natural tendency, it is certain there will always be enough of that spirit for every salutary purpose. And there being constant dan- ger of excess, the effort ought to be, by force of public opinion, to mitigate and assuage it. A fire not to be quenched, it demands a uniform vigilance to prevent its bursting into a flame, lest, instead of warming, it should consume. It is important, likewise, that the habits of thinking, in a free country, should in- spire caution in those intrusted with its administration, to confine themselves with- in their respective constitutional spheres, avoiding, in the exercise of the powers of one department, to encroach upon another. The spirit of encroachment tends to con- solidate the powers of all the departments in one, and thus to create, whatever the form of government, a real despotism. A just estimate of that love of power, and prone- ness to abuse it, which predominates in the human heart, is sufficient to satisfy us of the truth of this position. The necessity of reciprocal checks in the exercise of political power, by dividing and distributing it into different deposito- ries, and constituting each the guardian of the public weal, against invasions by the others, has been evinced by experi- ments, ancient and modern ; some of them in our own country, and under our own eyes. To jireserve them must be as neces- sary as to institute them. If, in the opinion of the people, the distribution or modification of the constitutional powers be, in any particular, wrong, let it be cor- rected by an amendment in the way which the Constitution designates. I5ut let there be no change by usurpation ; for though this, in one instance, may be the instru- ment of gf)0(l, it is the customary weapon by which free governments are destroyed. Tlie precedent must alwavs greatly over- balance, in jiermanent evil, any partial or transient benefit which the use can at any time yield. BOOK II.] POLITICAL PLATFORMS. 19 Of all the dispositions and habits which lead to political prosperity, religion and morality are indispensable supi^rts. In vain would that man claim the tribute of patriotism, who should labor to subvert these great pillars of human happiness, these nrmest props of the duties of men and citizens. The mere politician, equally with the pious man, ought to respect and cherish them. A volume could not trace all their connexions with private and j)ub- lic felicity. Let it simply be asked, where is the security for property, for reputation, for life, if the sense of religious obligation desert the oaths which are the instruments of investigation in courts of justice? And let us with caution indulge the supposition, that morality can be maintained without religion. Whatever may be conceded to the influence of refined education on minds of peculiar structure, reason and experi- ence both forbid us to expect that national morality can prevail in exclusion of re- ligious principles. It is substantially true, that virtue or morality is a necessary spring of popular government. The rule, indeed, extends with more or less force to every species of free government. Who, that is a sincere friend to it, can look with indifference upon attempts to shake the foundation of the fabric? Promote then, as an object of primary importance, institutions for the general diffusion of knowledge. In proportion as the structure of a government gives force to public opinion, it is essential that pub- lic opinion should be enlightened. As a very important source of strength and security, cherish public credit. One method of preserving it is to use it as spar- ingly as possible, avoiding occasions of expense by cultivating peace, but remem- bering also that timely disbursement to j)repare for danger frequently prevent much greater disbursements to repel it ; avoiding, likewise, the accumulation of debt, not only by shunning occasions of expense, but by vigorous exertions in time of peace to discharge the debts which un- avoidable wars may have occasioned ; not ungenerously tiirowing upon posterity the burden which we ourselves ought to bear. The execution of these maxims belongs to your representatives, but it is necessary that public opinion should co-operate. To facilitate to them the performance of their duty, it is essential that you should practi- cally bear in mind, that toward the payments of debts there must be revenues ; that to have revenue there must be taxes ; that no taxes can be devised, which are not more or less inconvenient and unpleasant ; that the intrinsic embarrassment inseparable from the selection of the proper objects (which is ahvavs a choice of difficulties) ought to be a decisive moment for a can- did construction of the conduct of the government in making it, and for a spirit of acquiescence in the measure for obtain- ing revenue, which the public exigencies may at any time dictate. Observe good faith and justice towards all nations ; cultivate peace and harmony with all ; religion and morality enjoin this conduct; and can it be that good jtolicy does not equally enjoin it? It will be worthy of a free, enlightened, and at no distant period a great nation, ts('d frontiers: and of the j)ropriety of sucli a levy of taxes as will raise tlie necessary funds for the emergency, 7. Advocacy of the election of De Witt Glinton as the surest method of relievinjj the country from all the evils existing ana BOOK II.] POLITICAL PLATFORMS. 23 prospective, for the reason that his great talents and inflexible patriotism guaranty a linn and unyielding maintenance of our national sovereignty, and the protection of those commercial interests which were flagging under the weakness and imbecility of the administration. 1815.— Resolutions passtcl 1>y the Hartford Couveiitlou, Jaiiitary 4. Resolved, That it be and is hereby re- commended to the legislatures of the seve- ral states represented in this convention, to adopt all such measures as may be neces- sary eflectually to protect the citizens of said states from the operation and effects of all acts which have been or may be passed by the Congress of the United States, which shall contain provisions subjecting the militia or other citizens to forcible drafts, conscriptions, or impressments not authorized by the constitution of the United States. liesoli'^ed, That it be and is hereby re- commended to the said legislatures, to au- thorize an immediate and an earnest ap- plication to be made to the government of the United States, requesting their consent to some arrangement whereby the said states may, separately or in concert, be empowered to assume upon themselves the defense of their territory against the ene- my, and a reasonable portion of the taxes collected within said states may be paid into the respective treasuries thereof, and appropriated to the balance due said states and to the future defense of the same. The amount so paid into said treasuries to be credited, and the disbursements made as aforesaid to be charged to the United States. Resolved, That it be and hereby is re- commended to the legislatures of the afore- said states, to pass laws where it has not already been done, authorizing the gov- ernors or commanders-in-chief of their mi- litia to make detachments from the same, or to form voluntary corps, as shall be most convenient and conformable to their constitutions, and to cause the same to be well armed, equipped, and held in readi- ness for service, and upon request of the governor of either of the other states, to employ the whole of such detachment or corps, as well as the regular forces of the state, or such part thereof as may be re- quired, and can be spared consistently with the safety of the state, in assisting the state making such request to repel any invasion thereof which shall be made or attempted by the public enemy. Resolved, That the following amendments of the constitution of the United States be recommcuded to the states represented as aforesaid, to be proposed by them for adoption by the .state legislatures, and in such cases as may be deemed expedient by a convention chosen by the people of each state. And it is further recommended that the said states shall persevere in their ef- forts to obtain such amendments, until the same shall be effected. First, liepresentatives and direct taxes shall be apportioned among the several states which may be included within thus Union, according to their respective num- bers of free persons, including those bound to serve for a term of years, and excluding Indians not taxed, and all other persons; Second. No new .state shall be admitted into the Union by Congress, in virtue of the power granted in the constitution, without the concurrence of two-thirds of both houses ; Third. Congress shall not have power to lay an embargo on the ships or vessels of the citizens of the United States, in the ports or harbors thereof, for more than sixty days ; Fourth. Congress shall not have power, without the concurrence of two-thirds of both houses, to interdict the commercial intercourse between the United States and any foreign nation or the dependencies thereof; Fifth. Congress shall not make nor de- clare war, nor authorize acts of hostility against any foreign nation, without the concurrence of two-thirds of both houses, except such acts of hostility be in defense of the territories of the United States when actually invaded ; Sixth. No person who shall hereafter be naturalized shall be eligible as a member of the Senate or House of Representatives of the United States, or capable of holding any civil office under the authority of the United States ; Seventh. The same person shall not be elected President of the United States a second time, nor shall the President bo elected from the same state two terms in succession. Resolved, That if the application of these states to the government of the United States, recommended in a foregoing resolu- tion, should be unsuccessful, and peace should not be concluded, and the defense of these states should be neglected, as it ha.s been since the commencement of the war, it will, in the opinion of this convention, be expedient for the legislatures of the several states to appoint delegates to an- other convention, to meet at Boston, in the state of Massachusetts, on the third Mon- day of June next, with such powers and instructions as the exigency of a crisis so momentous may require. Resolved, That the Honorable George Cabot, the Honorable Chauncey Goodrich, the Honorable Daniel Lyman, or any two of them, be authorized to call another 24 AMERICAN POLITICS. [book II. meeting of this convention, to be holden in Boston at any time before new delegates shall be chosen as recommended in the above resolution, if in their judgment the situation of the country shall urgently re- quire it. From 1813-1SS9.— No Platforms Ity either political party, except tUat at Hartford try Federalists, glveu above. 1S30.— Anti-masonic resolution, Philadeljihia, Heptentber. Resolved, That it is recommended to the people of the United States, opposed to secret societies, to meet in convention on Monday, the 26th day of September, 1831, at the city of Baltimore, by delegates equal in number to their representatives in both Houses of Congress, to make nominations of suitable candidates for the offices of President and Vice-President, to be sup- ported at the next election, and for the transaction of such other business as the cause of Anti-Masonry may require. 1832.— National Democratic Platform, adopted at a ratification Meeting at Washington City, May 11. Resolved, That an adequate protection to American industry is indispensable to the prosperity of the country ; and that an abandonment of the policy at this period would 1)C attended with consequences ruin- ous to the best interests of the nation. Resolved, That a uniform system of in- ternal improvements, sustained and sup- f)orted by the general government, is calcu- ated to secure, in the highest degree, the harmony, the strength and permanency of the republic. Resolved, That the indiscriminate remo- val of public officers for a mere difference of political opinion, is a gross abuse of power ; and that the doctrine lately boldly preached in the United States Senate, that " to the victors belong the spoils of the vanquished," is detrimental to the interests, corrunting to the morals, and dangerous to the lioerties of the country. 1836.— "I^cofoco" Platform, New York, January. We hold these truths to be self-evident, that all men are creatod free and equal ; that they are endowed by their Creator with certain inalienable rights, among wliich are life, libfrty, and (In- pursuit of happiness; that the true foundation of re- publican government is the equal rights of every citizen in his person and property, and in their management ; that the idea is quite unfounded that on entering into society we give up any natural right ; that the rightful power of all legislation is to declare and enforce only our natural rights and duties, and to take none of them from us ; that no man has the natural right to commit aggressions on the equal rights of another, and this is all from which the law ought to restrain him ; that everj' man is under the natural duty of contributing to the necessities of society, and this all the law should enforce on him ; that when the laws have declared and enforced all this, they have fulfilled their functions. We declare unqualified hostility to bank notes and paper money as a circulating medium, because gold and silver is the only safe and constitutional currency ; hostility to any and all monopolies by legislation, because they are violations of equal rights of the people ; hostility to the dangerous and unconstitutional creation of vested rights or prerogatives by legislation, be- cause they are usurpations of the people's sovereign rights ; no legislative or other authority in the body politic can rightful- ly, by charter or otherwise, exempt any man or body of men, in any case whatever, from trial by jury and the jurisdiction or operation of the laws which govern the community. We hold that each and every law or act of incorporation, passed by preceding le- gislatures, can be rightfully altered and re- pealed by their successors ; and that they should be altered or repealed, when neces- sary for the public good, or when required by a majority of the people. 1836.— Whig Resolutions, Albany, N. Y., February 3. Resolved, That in support of our cause, we invite all citizens opposed to Martin Van Buren and the Baltimore nomineefi. Resolved, That Martin Van Buren, by intriguing with the executive to obtain hia influence to elect him to the presidency, has set an example dangerous to our free- dom and corrupting to our free institutions. Resolved, That the support we render to William H. Harrison is oy no means given to him solely on account of his brilliant and successful services as leader of our armies during the last war, but that in him we view also the man of high intellect, the stern patriot, uncontaminated by the machinery of hackneyed jioliticians — a man of the school of Washington. Resdlvcd, That in Francis Granger we recognize one of our most distinguished fellow-citizens, whose talenta we admire, BOOK II.] POLITICAL PLATFORMS. 25 whose patriotism we trust, and whose prin- ciples we sanction. 1830.— Abolition Resolution, Wartaw, N. Y., November 13. Resolved, That, in our judgment, everj' consideration of duty and expediency which ought to control the action of Chris- tian freemen, requires of the Abolitionists of the United States to organize a distinct and independent political party, embracing all the necessary means for nominating candidates for office and sustaining them by public sufirage. Abolition Platforms. The first national platform of the Aboli- tion party upon which it went into the contest in 1840, favored the abolition of slavery in the District of Columbia and Territories ; the inter-state slave-trade, and a general opposition to sl^'ery to the full extent of constitutional power. In 1848, that portion of the party which did not support the Buffalo nominees took the ground of affirming the constitutional authority and duty of the General Govern- ment to abolish slavery in the States. Under the head of " Buffalo," the plat- form of the Free Soil party, which nomi- nated Mr. Van Buren, will be found. 1840.— Democratic Platform, BaUimore, May 5. Resolved, That the Federal government is one of limited powers, derived solely from the constitution, and the grants of power shown therein ought to be strictly construed by all the departments and agents of the government, and that it is inexpe- dient and dangerous to exercise doubtful constitutional powers. 2. Resolved, That the constitution does not confer upon the general government the power to commence and carry on a general system of internal improvements. 3. Resolved, That the constitution does not confer authority upon the Federal government, directly or indirectly, to as- sume the debts of the several states, con- tracted for local internal improvements or other state purposes ; nor would such as- sumption be just or expedient. 4. Resolved, That justice and sound po- licy forbid the Federal government to foster one branch of industry to the detri- ment of another, or to cherish the interests of one portion to the injury of another portion of our common country — that every citizen and every section of the country has a right to demand and insist upon an equality of rights and privileges, and to complete and ample protection of persons and property from domestic violence or foreign aggression. 5. Resolved, That it is tlie duty of every branch of the government to enforce and practice the most rigid economy in con- ducting our public affairs, aiid that no more revenue ought to be raised than is required to defray the necessary expenses of the government. 6. Resolved, That Congress has no power to charter a United States bank ; that we believe such an institution one of deadly hostility to the best interests of the coun- try, dangerous to our republican institu- tions and the liberties of the peoi)le, and calculated to place the business of the country within the control of a concen- trated money power, and above the laws and the will of the people. 7. Resolved, That Congress has no power under the constitution, to interfere with or control the domestic institutions of the several states ; and that such states are the sole and proper judges of everything per- taining to their own affiiirs, not prohibited by the constitution ; that all efforts, by Abolitionists or others, made to induce Congress to interfere with questions of slavery, or to take incipient steps in rela- tion thereto, are calculated to lead to the most alarming and dangerous consequen- ces, and that all such efforts have aii inevi- table tendency to diminish the happiness of the people, and endanger the stability and permanence of the Union, and ought not to be countenanced by any friend to our political institutions. 8. Resolved, That the separation of the moneys of the government from banking institutions is indispensable for the safety of the funds of the government and the rights of the people. 9. Resolved, That the liberal principles embodied by Jefferson in the Declaration of Independence, and sanctioned in the constitution, which makes ours the land of liberty and the asylum of the oppressed of every nation, have ever been cardinal prin- ciples in the democratic faith ; and every attempt to abridge the present privilege of becoming citizens, and the owners of soil among us, ought to be resisted with the same spirit which swept the alien and sedition laws from our statute book. Whereas, Several of the states which have nominated Martin Van Buren as a candidate for the presidency, have put in nomination different individuals as candi- dates for Vice-President, thus indicating a diversity of opinion as to the ]>crson best entitled to the nomination; and whereas, some of the said states are not represented in this convention ; therefore, Resolved, That the convention deem it 26 AMERICAN POLITICS. [book II. expedient at the present time not to choose between the individuals in nomination, but to leave the decision to their repub- lican fellow-citizens in the several states, trusting that before the election shall take place, their opinions will become so con- centrated as to secure the choice of a Vice- President by the electoral college. 1843.— I.il>erty Platform. Buffalo, Auffust 60. 1. Resolved, That human brotherhood is a cardinal principle of true democracy, as well as of pure Christianity, which spurns all inconsistent limitations ; and neither the political party which repudiates it, nor the political system which is not based upon it, can be truly democratic or per- manent. 2. Resolved, That the Liberty party, placing itself upon this broad principle, will demand the absolute and unqualified divorce of the general government from slavery, and also the restoration of equal- ity of" rights among men, in every state where the party exists, or may exist. 3. Resolved, That the Liberty party has not been organized for any temporary pur- pose by interested politicians, _ but has arisen from among the people in conse- quence of a conviction, hourly gaining ground, that no other party in the country represents the true principles of American liberty, or the true spirit of the constitu- tion of the United States. 4. Resolved, That the Liberty party has not been organized merely for the over- throw of slavery ; its first decided eflbrt must, indeed, be directed against slave- holding as the grossest and most revolting manifestation of despotism, but it will also carry out the principle of equal rights into all its practical consequences and applica- tions, and support every just measure con- ducive to individual and social freedom. 5. Resolved, Tliat the Liberty party is not a sectional })artybuta national party; was not originated in a desire to accom- plish a single object, but in a comprehen- sive regard to the great interests of the whole country ; is not a new party, m)r a third jtarty, but is the jiarty of 177(), re- viving the i)rinciples of tliat memorable era, and striving to carry them into prac- tical application. 6. Resolved, That it was understood in the times of the declaration and the constitu- tion, that the existence of slavery in some of the states was in derogation of tiie i)rin- cii)leH of AiiM'rican liberty, and a deep stain upon tlic character of the country, and the iini)lied faith r)f the states and the nation was pledged that slavery should never be extended beyond its then exist- ing limits, but should be gradually, and yet, at no distant day, wholly abolished by "state authority. 7. Resolved, That the faith of the states and the nation thus pledged, was most nobly redeemed by the voluntaiy aboli- tion of slavery in several of the states, and by the adoption of the ordinance of 1787, for the government of the territory north- west of the river Ohio, then the only ter- ritory in the United States, and conse- quently the only territory subject in this respect to the control of Congress, by which ordinance slavery was forever ex- cluded from the vast regions which now compose the states of Ohio, Indiana, Illinois, Michigan, and the territory of Wisconsin, and an incapacity to bear up any other than freemen was impressed on the soil itself. 8. Resolved, That the faith of the states and the nation thus pledged, has been shamefully violated by the omission, on the part of many of the states, to take any measures whatever for the abolition of slavery within their respective limits ; by the continuanc#of slavery in the District of Columbia, and in the territories of Louisiana and Florida ; by the legislation of Congress ; by the protection aflbrded by national legislation and negotiation to slaveholding in American vessels, on the high seas, employed in the coastwise Slave Trafiic ; and by the extension of slavery' far beyond its original limits, by acts of Congress admitting new slave states into the Union. 9. Resolved, That the fundamental truths of the Declaration of Independence, that all men are endowed by their Creator with certain inalienable rights, among which are life, liberty, and the pursuit of happi- ness, was made the fundamental law of our national government, by that amend- ment of the constitution which declares that no person shall be deprived of life, liberty, or property, without due process of law. 10. Resolved, That we recognize as sound the doctrine maintained by slaveholding jurists, that slavery is against natun-^l rights, and strictly local, and that its ex- istence and continuance rests on no other support than state legislation, and not on any authority of Congress. 11. Resolved, That the general govern- ment has, under the constitution, no ])ow- er to establish or continue slavery any- where, and therefore that all treaties and acts of Congress establishing, continuing or favoring slavery in the District of Co- lumbia, in t\w territory of Florida, or on tiic high seas, are unconstitutional, and all att('ini)ts to hohl men as j)rop( r(y within the limits of exclusive national jurisdic- tion ought to bi' ])rohil>ited by law. 12. Resolved, That the provisions of the BOOK n.J POLITICAL PLATFORMS. 27 constitution of the United States wjiich confers extraordinary political powers on the owners of slaves, and thereby consti- tuting the two hundred and fifty thousand slaveholders in the slave states a privi- leged aristocracy ; and the provisions for the reclamation of fugitive slaves from service, are anti-re[)ublican in their char- acter, dangerous to the liberties of the peo- ple, and ought to be abrogated. 1.3. Jiesolved, That the practical opera- tion of the second of these provisions, is seen in the enactment of the act of Con- gress respecting persons escaping from their masters, which act, if the construc- tion given to it by the Supreme Court of the United States in the case of Prigg vs. Pennsylvania be correct, nullifies the ha- beas corpus acts of all the states, takes away the whole legal security of per- sonal freedom, and ought, therefore, to be immediately repealed. 14. Resolved, That the peculiar patron- age and support hitherto extended to slavery and slaveholding, by the general government, ought to be immediately with- drawn, and the example and influence of national authority ought to be arrayed on the side of liberty and free labor. 15. Resolved, That the practice of the general government, which prevails in the slave states, of employing slaves upon the public works, instead of free laborers, and paying aristocratic masters, with a view to secure or reward political services, is utterly indefensible and ought to be abandoned. 16. Resolved, That freedom of speech and of the press, and the right of petition, and the right of trial by jury, are sacred and inviolable ; and that all rules, regula- tions and laws, in derogation of either, are oppressive, unconstitutional, and not to be endured by a free people. 17. Resolved, That we regard voting, in an eminent degree, as a moral and reli- gious duty, which, when exercised, should be by voting for those who will do all in their power for immediate emancipation. 18. Resolved, That this convention re- commend to the friends of liberty in all those free states where any inequality of rights and privileges exists on account of color, to employ their utmost energies to remove all such remnants and efl'ects of the slave system. Wkereas, The constitution of these Uni- ted States is a series of agreements, cove- nants or contracts between the people of the United States, each with all, and all with each ; and, ]VJiereas, It is a principle of universal morality, that the moral laws of the Crea- tor are paramount to all human laws ; or, in the language of an Apostle, that " we ought to obey God rather than men ; " and, ^V^lereas, The principle of common law — that any contract, covenant, or agree- ment, to do an act derogatory to natural right, is vitiated and annulled by its in- herent immorality — has been recognized by one of the justices of the Supreme Ct)urt of the United States, who in a re- cent case expressly holds that " any con- tract that rests upon such a basis is void," and, Whereas, The third clause of the second .section of the fourth article of the constitu- tion of the United States, when construed as providing for the surrenderof a fugitive slave, does "rest upon such a basis," in that it is a contract to rob a man of a natural right — namely, his natural right to his own liberty — and is therefore ab- solutely void. Therefore, 19. Resolved, That we hereby give it to be distinctly understood by this nation and the world, that, as abolitionists, con- sidering that the strength of our cause lies in its righteousness, and our hope for it in our conformity to the laws of God, and our respect for the rights of man, we owe it to the Sovereign Ruler of the Universe, as a proof of our allegiance to Him, in all our civil relations and oflaces, whether as pri- vate citizens, or public functionaries sworn to support the constitution of the United States, to regard and to treat the third clause of the fourth article of that instru- ment, whenever applied to the case of a fugitive slave, as utterly null and void, and consequently as forming no part of the constitution of the United States, when- ever we are called upon or sworn to sup- port it. 20. Resolved, That the power given to Congress by the constitution, to provide for calling out the militia to suppress in- surrection, does not make it the duty of the government to maintain slavery by military force, much less does it make it the duty of the citizens to form a part of such military force ; when freemen unsheathe the sword it should be to strike for liberty, not for despotism. 21. Resolved, That to preserve the peace of the citizens, and secure the blessings of freedom, the legislature of each of the free states ought to keep in force suitable statutes rendering it penal for any of its inhabi- tants to transport, or aid in transporting from such state, any person sought to be thus transported, merely because subject to the slave laws of any other state ; this remnant of independence being accorded to the free states by the decision of the Supreme Court, in the case of Prigg vs. the state of Pennsvlvania. 1844.— WTilf? Platfontt. Baltimore, May 1. 1. Resolved, That these principles may 28 AMERICAN POLITICS. [book n. be summed as comprising a well-regulated national currency : a tariff for revenue to defray the necessary expenses of the gov- ernment, and discriminating with special reference to the protection of the domes- tic labor of the country ; the distribution of the proceeds from the sales of the pub- lic lands ; a single term for the presidency ; a reform of executive usurpations ; and generally such an administration of the affairs of the country' as shall impart to every branch of the' public service the greatest practical efficiency, controlled by a well-regulated and wise economy. 1844.-Deinocratlc Platform. Baltimore, May 27. Resolutions 1 , 2, 3, 4, 5, 6, 7, 8 and 9, of the platform of 1840, were reaffirmed, to which were added the following : 10. Resolved, That the proceeds of the public lands ought to be sacredly ap- plied to the national objects specified in the constitution, and that we are opposed to the laws lately adopted, and to any law for the distribution of such proceeds among the states, as alike inexpedient in policy and repugnant to the constitution. 11." Resolved, That we are decidedly op- posed to taking from the President the qualified veto power by which he is ena- bled, under restrictions and responsibili- tie.s amply sufficient to guard the public interest, to suspend the passage of a bill whose merits can not secure the approval of two-thirds of the Senate and House of Representatives, until the judgment of the Eeople can be obtained thereon, and which as thrice saved the American people from the corrupt and tyrannical domination of the bank of the United States. 12. Resolved, That our title to the whole of the territory of Oregon is clear and un- questionable ; that no portion of the same ought to be ceded to England or any other power, and that the reoccupation of Ore- gon and the reannexation of Texas at the earliest practicable period, are great American measures, which this conven- tion recommends to the cordial support of the democracy of the Union. 1848.— Democratic Platform. Hallimore, May 22. 1. Resolved, That the American democ- racy place their trust in the intelligence, the patriotism, and tlie discriminating jus- tice of the American people. 2. Resolved, 'J'liat we regard this as a distinctive feature of our j>nlitical creed, which we are proud to miiiritain before tlie world, as the great mural clement in a form of government springing from and upheld by the popular will ; and contrast it with the creed and jjractice of federal- ism, under whatever name or form, which seeks to palsy the will of the constituent, and which conceives no imposture too monstrous for the popular credulity. 3. Resolved, Therefore, that entertain- ing these views, the Democratic party of this Union, through the delegates assem- bled in general convention of the states, coming together in a spirit of concord, of devotion to the doctrines and faith of a free representative government, and appealing to their fellow-citizens for the rectitude of their intentions, renew and reassert before the American people, the declaration of principles avowed by them on a former oc- casion, when, in general convention, they presented their candidates for the popular suffrage. Resolutions 1, 2, 3 and 4, of the plat- form of 1840, were reaffirmed. 8. Resolved, That it is the duty of every branch of the government to enforce and practice the most rigid economy in con- ducting our public affairs, and that no more revenue ought to be raised than is re- quired to defray the necessary expenses of the government, and for the gradual but certain extinction of the debt created by the prosecution of a just and necessary war. Resolution 5, of the platform of 1840, was enlarged by the following: And that the results of democratic legis- lation, in this and all other financial mea- sures, upon which issues have been made between the two political parties of the country, have demonstrated to careful and practical men of all parties, their sound- ness, safety and utility in all business pur- suits. Resolutions 7, 8 and 9, of the platform of 1840, were here inserted. 13. Resolved, That the proceeds of the public lands ought to be sacredly applied to the national objects specified in the con- stitution ; and that we are opposed to any law for the distribution of such proceeds among the states as alike inexpedient in policy and repugnant to the constitution. 14. Resolved, That we are decidedly op- posed to taking from the President the qualified veto power, by which he is en- abled, under restrictions and responsibili- ties amply sufficient to guard the public in- terests, to sujiend the passage of a bill whose merits can not secure the approval of two-thirds of the Senate and House of Representatives, until the judgment of the people c;in be obtained thereon, and which liJiH saved the American peoj)le from the corrupt and tyrannical domination of the Hank of the I'nitcd States, and from a cor- rupting system of general internal im- l)rovements. BOOK II.] POLITICAL PLATFORMS. 29 15. Resolved, That the war with Mexi- co, provoked on her part by years of insult and injury, was commeneed by her army crossing the llio Grande, attacking the American troops, and invading our sister state of Texas, and upon all the principles of patriotism and the laws of nations, it is a just and necessary war on our part, in which every American citizen should have shown himself on the side of his country, and neitlier morally nor physically, by word or by deed, have given " aid and comfort to the enemy. " IG. licsolved, That we would be rejoiced at the assurance of peace with Mexico, founded on the ju^t i)rinciples of indem- nity for the past a'ul security for the fu- ture ; but that while the ratification of the liberal treaty offered to Mexico remains in doubt, it is the duty of the country to sus- tain the administration and to sustain the country in every measure necessary to pro- vide for the vigorous prosecution of the war, should that treaty be rejected. 17. ResuUed, That the officers and sol- diers who have carried the arms of their country into Mexico, have crowned it with imperishable glory. Their unconquerable courage, their daring enterprise, their un- faltering perseverance and fortitude when assailed on all sides by innumerable foes and that more formidable enemy — the diseases of the climate — exalt their devoted patriotism into the highest heroism, and give them a right to the profound grati- tude of their country, and the admiration of the world. IS. Resolved, That the Democratic Na- tional Convention of thirty states composing the American Republic, tender their fra- ternal congratulations to the National Con- vention of the Republic of France, now as- sembled as the free suffrage representative of the sovereignty of thirty-five millions of Republicans, to establish government on those eternal principles of equal rights, for which their La Fayette and our Washing- ton fought side by side in the struggle for our national independence ; and we would especially convey to them, and to the whole people of France, our earnest wishes for the consolidation of their liberties, through the wisdom that shall guide their councils, on the basis of a democratic con- stitution, not derived from the grants or concessions of kings or dynasties, but orig- inating from the only true source of political power recognized in the states of this Union — the inherent and inalienable right of the people, in their sovereign capacity, to make and to amend their forms of gov- ernment in such manner as the welfare of the community may require. 19. Resolved, That in view of the recent development of this grand political truth, of the sovereignty of the people and their capacity and power for self-government. which is prostrating thrones and erecting rejjublics on the ruins (jf desj)otism in the old world, we feel that a high and sacred duty is devolved, with increased responsi- bility, upon the Democratic party of this country, asthcparty of the peoi)le, to sustain and advance among us constitutional lib- erty, ecjuality, and fraternity, by continu- ing to resist all monopolies and exclusive legislation for the benefit of the i'aw at the expense of the many, and by a vigilant and constant adherence to those principles and compromises of the constitution, which are broad enough and strong enough to embrace and uphold the Union as it was, the Union as it is, and the Union as it shall be in the full expansion of the energies and capacity of this great and I)rogressive people. 20. Resolved, That a copy of these reso- lutions be forwarded, through the American minister at Paris, to the National Conven- tion of the Republic of France. 21. Resolved, That the fruits of the great political triumph of 1S44, which elect- ed James K. Polk and George M. Dallas, President and Vice-President of the United States, have fulfilled the hopes of the de- mocracy of the Union in defeating the de- clared purposes of their opponents in creating a National Bank ; in preventing the corrupt and unconstitutional distribu- tion of the land proceeds from the com- mon treasury of the Union for local pur- poses ; in protecting the currency and labor of the country from ruinous fluctuations, and guarding the money of the countiy for the use of the people by the establishment of the constitutional treasury ; in the noble impulse given to the cause of free trade by the repeal of the tariff of '42, and the crea- tion of the more equal, honest, and pro- ductive tariff of 1840 ; and that, in our opinion, it would be a fatal error to weaken the bands of a political organization by which these great reforms have been achieved, and risk them in the hands of their known adversaries, with whatever delusive appeals they may solicit our sur- render of that vigilance which is the only safeguard of liberty. 22. Resolved, That the confidence of the democracy of the Union in the principles, capacity, firmness, and integrity of James K. Polk, manifested by his nomination and election in 1844, has been signally justified by the strictness of his adherence to sound democratic doctrines, by the purity of pur- l)ose, the energj' and ability, which have characterized his administration in all our aflairs at home and abroad ; that we tender to him our cordial congratulations upon the brilliant success which has hitherto crowned his patriotic efforts, and assure him in advance, that at the expiration of his presidential term he will carry with him 30 AMERICAN POLITICS. [book II. to his retirement, the esteem, respect and admiration of a grateful country. 23. Besolved, That this convention here- by present to the people of the United States Lewis Cass, of Michigan, as the candidate of the Democratic party for the ofhce of President, and William O. Butler, of Ken- tucky, for Vice-President of the United States. 1848.— WTilg Principles Adopted at a Rati- fication Meeting, Philadelphia, June 9. 1. Resolved, That the Whigs of the United States, here assembled by their representatives, heartily ratify the nomi- nations of General Zachary Taylor as Pres- ident, and IMillard Fillmore as Vice-Pres- ident, of the United States, and pledge themselves to their support. 2. Resolved, That in the choice of Gen- eral Taylor as the Whig candidate for President, we are glad to discover sympathy ■with a great popular sentiment throughout the nation — a sentiment which having its origin in admiration of great military suc- cess, has been strengthened by the develop- ment, in every action and every word, of sound conservative opinions, and of true fidelity to the great example of former days, and to the principles of the constitu- tion as administered by its founders. 3. Resolced, That General Taylor, in say- ing that, had he voted in 1844, he would have voted the Whig ticket, gives us the assurance — and no better is needed from a consistent and truth-speaking man — that his heart was with us at the crisis of our political destiny, when Henry Clay Avas our candidate, and when not only Whig principles were well defined and clearly assei-ted, but Whig measures depended on success. The heart that was with us then is with us now, and, we have a soldier's ■word of honor, and a life of public and private virtue, as the security. 4. Resolvrd, That we look on General Taylor's administration of the government as one conducive of peace, prosperity and union ; of peace, because no one better knows, or has greater reason to deplore, what he has seen sadly on the field oi vic- tory, the horrors of war, and especially of a foreign and aggressive war; of prosperity, now more than ever needed to relieve the nation from a burden of debt, and restore industry — agricultural, manufacturing, and commercial — to its accustomed and peace- ful functions and influences; of union, be- cause we have a candidate whose very position as a southwestern man, reared on tlic banks of the great stream whose trib- utaries, natural and artificial, embrace the whole Union, renders the protection of the intercuts of the whole country his first trust, and whose various duties In past life have been rendered, not on the soil, or under the flag of any state or section, but over the wide frontier, and under the broad banner of the nation. 5. Resolved, That standing, as the Whig party does, on the broad and firm platform of the constitution, braced up by all its in- violable and sacred guarantees and com- promises, and cherished in the affections, because protective of the interests of the people, we are proud to have as the ex- ponent of our opinions, one who is pledged to construe it by the wise and generous rules which Washington applied to it, and who has said — and no Whig desires any other assurance — that he will make Wash- ington's administration his model. 6. Resolved, That as Whigs and Ameri- cans, we are proud to acknowledge our gratitude for the great militarj' services which, beginning at Palo Alto, and end- ing at Buena Vista, first awakened the American people to a just estimate of him who is now our Whig candidate. In the discharge of a painful duty — for his march into the enemy's country was a reluctant one ; in the command of regulars at one time, and volunteers at another, and of both combined; in the decisive though punctual discipline of his camp, where all respected and loved him ; in the negotia- tion of terms for a dejected and desperate enemy ; in the exigency of actual conflict when the balance was perilously doubtful^ we have found him the same — brave, dis- tinguished, and considerate, no heartless spectator of bloodshed, no trifler with hu- man life or human happiness ; and we do not know which to admire most, his hero- ism in Avithstanding the assaults of the enemy in the most hopeless fields of Buena Vista — mourning in generous sorrow over the graves of Ringgold, of Clay, of Hardin — or in giving, in the heat of battle, terms of merciful capitulation to a vanquished foe at Monterey, and not being ashamed to avow that he did it to spare women and children, helpless infancy and more help- less age, against whom no American sol- dier ever wars. Such a military man, whose triumphs are neither remote nor doubtful, whose virtues these trials have tested, we are proud to make our candidate. 7. Resolved, That in supjiort of this nomination, we ask our Whig friends throughout the nation to unite, to co-op- erate zealously, resolutely, with earnest- ness, in behalf of our candidate, whom calumny can not reach, and with respect- ful demeanor to our adversaries, whose can- didates have yet to prove their claims on the gratitude of the nation. 1848.— Biiflalo Platform. Vlica, JuiiP 2'J. ^V^lereas, Wc have assembled in conven- tion as a union of freemen, for the sake of BOOK II.] POLITICAL PLATFORMS. 31 freedom, forgetting all past political dif- ference, in a common resolve to maintain the rights of free hibor against the aggres- sion of the slave power, and to secure free soil to a free people ; and, Whereas, The political conventions re- cently assembled at Baltimore and Phila- delphia — the one stilling the voice of a great constituency, entitled to be heard in its deliberations, and the other abandoning its distinctive principles for mere avail- ability — have dissolved the national i)arty organization heretofore existing, by nomi- nating for the chief magistracy of the United States, under the slaveholding dic- tation, candidates, neither of whom can be supported by the opponents of slavery ex- tension, without a sacrifice of consistency, duty, and self-respect ; and, ll/wrcds, These nominations so made, furnish the occasion, and demonstrate the necessity of the union of the people under the banner of free democracy, in a solemn and formal declaration of their independ- ence of the slave power, and of their fixed determination to rescue the Federal gov- ernment from its control, 1. Reaolved^ therefore, That we, the peo- ple here assembled, remembering the ex- amjile of our fathers in the days of the first Declaration of Independence, putting our trust in God for the triumph of our cause, and invoking His guidance in our endeavors to advance it, do now plant our- selves upon the national platform of free- dom, in opposition to the sectional plat- form of slavery. 2. Resolved, That slavery in the several states of this Union which recognize its existence, depends upon the state laws alone, which can not be repealed or modi- fied by the Federal government, and for which laws that government is not respon- sible. We therefore propose no interfer- ence by Congress with slavery within the limits of any state. 3. Resolved, That the proviso of Jeffer- son, to prohibit the existence of slavery, after ISOO, in all the territories of the United States, southern and northern ; the votes of six states and sixteen delegates in Congress of 1784, for the proviso, to three states and seven delegates against it ; the actual exclusion of slavery from the North- western Territory, by the Ordinance of 1787, unanimously adopted by the states in Congress; and the entire history of that period, clearly show that it was the settled policy of the nation not to extend, na- tionalize or encourage, but to limit, lo- calize and discourage, slavery ; and to this policy, which should never have been de- parted from, the government ought to return. 4. Resolved, That our fathers ordained the constitution of the United States, in order, among other great national objects, to establish justice, promote the general welfare, and secure the blessings of liberty ; but expressly denied to the Federal gov- ernment, which they created, all constitu- tional power to deprive any person of life, liberty, or property, without due legal process. 6. Resolved, That in the judgment of this convention. Congress has no more power to make a slave than to make a icing; no more power to institute or estab- lish slavery than to institute or establish a monarchy ; no such power can be found among those specifically conferred by the constitution, or derived by just implication from them. 6. Resolved, That it is the duty of the Federal government to relieve itself from all responsibility for the existence or con- tinuance of slavery wherever the govern- ment possesses constitutional power to legislate on that subject, and it is thus re- sponsible for its existence. 7. Resolved, That the true, and, in the judgment of this convention, the only safe means of preventing the extension of slavery into territory now free, is to pro- hibit its extension in all such territory by an act of Congress. 8. Resolved, That we accept the issue which the slave power has forced uj^on us ; and to their demand for more slave states, and more slave territory, our calm but final answer is, no more slave states and no more slave territory. Let the soil of our extensive domains be kept free for the hardy pioneers of our own land, and the oppressed and banished of other lands, seeking homes of comfort and fields of enterprise in the new world. 9. Resolved, That the bill lately re- ported by the committee of eight in the Senate of the United States, was no com- promise, but an absolute surrender of the rights of the non-slaveholders of all the states; and while we rejoice to know that a measure which, while opening the door for the introduction of slavery into the territories now free, would also have opened the door to litigation and strife among the future inhabitants thereof, to the ruin of their peace and prosperity, was defeated in the House of Representatives, its passage, in hot haste, by a m.ajority, embracing several senators who voted in open violation of the known will of their constituents, should warn the people to see to it that their representatives oe not suffered to betray them. There must be no more compromises with slavery ; if made, they must be repealed. 10. Resolved, That we demand freedom and established institutions for our breth- ren in Oregon, now exposed to hardshi}>3, peril, and massacre, by the reckless hos- tility of the slave power to the establish- ment of free government and free territo- 32 AMERICAN POLITICS. [book II. ries ; and not only for them, but for our brethren in California and New Mexico. 11. Resolved, It is due not only to this occasion, but to the whole people of the United States, that we should also declare ourselves on certain other questions of na- tional policy ; therefore, 12. liesolved, That we demand cheap postage for the people ; a retrenchment of the expenses and patronage of the Federal government ; the abolition of all unneces- sary offices and salaries ; and the election by the people of all civil officers in the service of the government, so far as the same mav be practicable. 13. Jiesolved, that river and harbor im- provements, when demanded by the safety and convenience of ccmmerce with for- eign nations, or among the several states, are objects of national concern, and that it is the duty of Congress, in the exercise of its constitutional power, to provide there- for. 14. Resolved, That the free grant to actual settlers, in consideration of the ex- penses they incur in making settlements in the wilderness, which are usually fully equal to their actual cost, and of the pub- lic benefits resulting therefrom, of reason- able portions of the public lands, under suitable limitations, is a wise and just measure of public policy, which will pro- mote in various ways the interests of all the states of this IJnion ; and we, there- fore, recommend it to the favorable con- sideration of the American People. 15. Resolved, That the obligations _ of honor and patriotism require tlie earliest practical paymentof the national debt, .and we are, thei-efore, in favor of such a tariff of duties as will raise revenue adequate to defray the cxpcn.-es of the Federal govern- ment, and to pay annual installments of our del it and the interest thereon. 16. Resolved, That we inscribe on our banner, " Free Soil, Free Speech, Free Labor, and I'^ree ]\Icn," and under it we will fight on, and fight ever, until a triumphant victory shall reward our exertions. 1852.— Democratic Platform. Dnllimorf, June 1. Resolutions 1, 2, 3, 4, 5, 6 and 7, of the platform of IMS, were reaffirmed, to whicli were ailded the following: H. Jtesolvrd, That it is tl\e duty of every branch of the government to enforce and practice tlie most rigid economy in con- ducting our i»ut)lic, affairs, and that no more revenue ougiit to ])e raised than is required to defray the necessary expenses of the government, and for the gradual but certain extinction of the public (lci)t. 9. Resolved, That Congrcsa has no power to charter a National Bank ; that we be- lieve such an institution one of deadly hostility to the best interests of the cotm- try, dangerous to our republican institu- tions and the liberties of tlie people, and calculated to place the business of the country within the control of a concen- trated money power, and that above the laws and wili of the people ; and that the results of Democratic legislation, in this and all other hnancial measures, upon which issues have been made between the two political parties of the country, have demonstrated to candid and practical men of all parties, their soundness, safety, and utility, in all business pursuits. 10. Resolved, That the separation of the moneys of the government from banking institutions is indispensable for the safety of the funds of the government and the rights of the people. 11. Resolved, That the liberal principles embodied by Jeflierson in the Declaration of Independence, and sanctioned in the constitution, which makes ours the land of liberty and the asylum of the oppressed of eveiy nation, have ever been cardinal principles in the Democratic faith ; and every attempt to abridge the privilege of becoming citizens and the owners of the soil among us, ought to be resisted with the same spirit that swept the alien and sedition laws from our statute books. 12. Resolved, That Congress has no power under the constitution to interfere with, or control, the domestic institutions of the several states, and that such states are the sole and proper judges of every- thing appertaining to their own affairs, not prohibited by the constittition ; that all efforts of the Abolitionists or others, made to induce Congress to interfere Avith ques- tions of slavery, or to take incipient steps in relation thereto, are calculated to lead to the most alarming and dangerous conse- quences ; and that all such cttbrts have an inevitable tendency to diminish the happi- ness of the people, and endanger tlie sta- bility and permanency of the Linion, and ought not to be countenanced by any friend of our political institutions. 13. Resolved, That the foregoing propo- sition covers, and is intended to embrace, the whole subject of slavery agitation in Congress ; and therefore the Democratic party of the Union, standing on this na- tional ])latform, will abide by, and adhere to, a faitliful execution of the acts known as the Compromise measures settled by last Congress, "the act for reclaiming fugi- tives from service labor" included; which act, being designed to carry out an ex- ])ress provision of the constitution, can not, with fidelity thereto, be repealed, nor so ('liangcd as to destroy or impair its efficiency. 14. Resolved, That the Democratic party BOOK II.] POLITICAL PLATFORMS. 33 will resist all attempts at renewing in Con- gress, or out of it, the agitation of tlio slavery question, under wliatever shape or color the attempt may be made. [Here resolutions Vi and 14, of the plat- form of 1848, were inserted.) 17. Resolved, That tlie Democratic party will faithfully abide by and uphold the principles laid down in the Kentucky and Virginia resolutions of 1792 and 1798, and in the report of Mr. Madison to the Vir- ginia Legislature in 1799 ; that it adopts those principles as constituting one of the main foundations of its political creed, and is resolved to carry them out in their ob- vious meaning and import. 18. Resolved, That the war with Jlexico, upon all the principles of patriotism and the law of nations, was a just and necessary war on our part, in which no American citizen should have shown himself opposed to his country, and neither morally nor physically, by word or deed, given aid and comfort to the enemy. 19. Resolved, That we rejoice at the re- storation of friendly relations with our sister Republic of Mexico, and earnestly desire for her all the blessings and pros- perity which we enjoy under republican institution-t, and we congratulate the American people on the results of that war which have so manifestly justified the policy and conduct of the Democratic party, and insured to the United States indemnity for the past and security for the future. 20. Resolved, That, in view of the condi- tion of popular institutions in the old world, a high and sacred duty is devolved with increased responsibility upon the De- mocracy of this country, as the party of the people, to uphold and maintain the rights of every state, and thereby the union of states, and to sustain and advance among them constitutional liberty, by con- tinuing to resist all monopolies and exclu- sive legislation for the benefit of the few at the expense of the many, and by a vigilant and constant adherence to thos(j principles and com])romises of the consti- tution which are bniad enough and strong enough to embrace and uphold the Union as it is, and the Union as it should be, in tlie full expansion of the energies and ca- pacity of this great and progressive people. 1853.-\Vhl«5 Platform. Btilttmore, June 1(>. The Whigs of the United States, in con- vention assembled adhering to the great conservative principles by which they are controlled and governed, and now as ever relying upon the intelligence of the Ameri- can people, with an abiding confidence in their capacity for self-goverumcut and 22 their devotion to the constitution and the Union, do f)roclaim the following as the political sentiments and deterniinatioM for the establishment and mainteiiauce of which their national organization as a party was effected : Fijst. The government of the United States is of a limited character, and is con- fined to the exercise of {)owers expressly granted by the constitution, and such as may be necessary and proper for carrying the granted powers into full execution, and that powers not granted or necessarily implietl are reserved to the states respec- tively and to the jieople. Second. The state governments should be held secure to their reserved riglits, and the General Cloverninent sustained in its constitutional powers, and that the Union should be revered and watched over as the palladium of our liberties. Third. That while struggling freedom everywhere enlists the warmest sympathy of the Whig party, we still adhere to the doctrines of the Father of his Country, as announced in his Farewell Address, of keeping ourselves free from all entangling alliances with foreign countries, and of never quitting. our own to stand upon for- eign ground ; that our mission as a rcjiub- lic is not to propagate our opinions, or im- pose on other countries our forms of gov- ernment, by artifice or force, but to teach by example, and show by our success, moderation and justice, tlie blessings of self-government, and the advantages of free institutions. Fourth. That, as the people make and control the government, they should obey its constitution, laws and treaties as they would retain their self-respect and the re- spect which they claim and will enforce from foreign powers. Fifth. Governments should be conduc- ted on the principles of the strictest econo- my ; and revenue sufficient for the expen- ses thereof, in time of peace, ought to be derived mainly from a duty on imi)orts, and not from direct taxes; and on laying such duties sound policy requires a just discrimination, and, when practicable, by specific duties, whereby suitable encour- agement may be afforded to American in- dustry, equally to all classes and to all portions of the country. Sixth. The constitution vests in Con- gress the power to open and repair har- bv)rs, and remove obstructions from navi- gable rivers, whenever such improvenieiita are necessary lor the common defense, and for the protection and facility of commerce with foreign nations or among the states, said improvements being in every instance national and general in their character. Seventh. The Federal and state govern- ments are parts of one system, alike neces- sary for the common prosperity, peace aud 34 AMERICAN POLITICS. [book il security, and ought to be regarded alike with a cordial, habitual and immovable at- tachment. Respect for the authority of each, and acquiescence in the just consti- tutional measures of each, are duties re- quired by the plainest considerations of national, state and individual welfare. Eighth. That the series of acts of the 32d Congress, the act known as the Fugi- tive Slave Law included, are received and acquiesced in by the Whig party of the United States as a settlement in principle and substance of the dangerous and excit- ing questions which they embrace ; and, so far as they are concerned, we will main- tain them, and insist upon their strict en- forcement, until time and experience shall demonstrate the necessity of further legis- lation to guard against the evasion of the laws on the one hand and the abuse of their powers on the other — not impairing their present efficiency ; and we deprecate all ftirther agitation of the question thus settled, as dangerous to our peace, and will discountenance all efibrts to continue or renew such agitation whenever, where- ever or however the attempt may be made ; and we will maintain the system as essen- tial to the nationality of the Whig party, and the integrity of the Union. 1853.— Free-soil Platform. PitlsbuTQ, Anrjust 11. Having assembled in national conven- tion as the free democracy of the United States, united by a common resolve to maintain right against wrong, and freedom against slavery ; confiding in the intelli- gence, patriotism, and discriminating jus- tice of the American people; putting our trust in God for the triumph of our cause, and invoking His guidance in our endea- vors to advance it, we now submit to the candid judgment of all men, the following declaration of principles and measures : 1. That governments, deriving their just powers from the consent of the governed, are instituted among men to secure to all those inalienable rights of life, liberty, and the pursuit of happiness, with whicli they are endowed by their Creator, and of which none can be depri\-cd by valid legislation, except for crime. 2. That the true mission of American democracy is to maintain the li])erties of the people, the sovereignty of the states, and tlif! perpetuity of the Union, l)y the impartial application of public affairs, without sectional discriminations, of the fuudatnental principles of human rights, Htrict justice, and an economical adminis- tration. o. 'I'liat the Federal government is one of limited powers, decived solely Irom the constitution, and the grants of power there- in ought to be strictly construed by all the departments and agents of the government, and it is inexpedient and dangerous to ex- ercise doubtful constitutional powers. 4. That the constitution of the United States, ordained to form a more perfect Union, to establish justice, and secure the blessings of liberty, expressly denies to the general government all power to deprive any person of life, liberty, or property, without due process of law ; and, there- fore, the government, having no more power to make a slave than to make a king, and no more power to establish slavery than to establish a monarchy, should at once proceed to relieve itself from all responsibility for the existence of slavery, wherever it possesses constitutional power to legislate for its extinction. 5. That, to the persevering and importu- nate demands of the slave power for more slave states, new slave territories, and the nationalization of slavery, our distinct and final answer is — no more slave states, no slave territory, no nationalized slavery, and no national legislation for the extra- dition of slaves. 6. That slavery is a sin against God, and a crime against man, which no human en- actment nor usage can make right ; and that Christianity, humanity, and patriot- ism alike demand its abolition. 7. That the Fugitive Slave Act of 1850 is repugnant to the constitution, to the prin- ciples of the common law, to the spirit of Christianity, and to the sentiments of the civilized world; we, therefore, deny its binding force on the American people, and demand its immediate and total re- peal. 8. That the doctrine that any human law is a finality, and not subject to modi- fication or repeal, is not in accordance with the creed of the founders of our gov- ernment, and is dangerous to the liberties of the people. 9. That the acts of Congress, known as the Compromise measures of 1850, by mak- ing the admission of a sovereign state con- tingent upon the adoption of other mea- sures demanded by the special interests of slavery ; by their omission to guarantee freedom in the free territories ; by their at- tempt to impose unconstitutional limita- tions on the powers of Congress and the ])eople to admit new states; by their pro- visions for the assumption of five millions of the state debt of Texas, and for the pay- ment of five millions more, and the cession of large territory to the same state under menace, as an inducement to the relin- fiuishmcnt of a groundless claim ; and by their invasion of the sovereignty of the states and the liberties of the people, til rough the enactment of an unjust, op- pressive, and unconstitutional fugitive BOOK II.] POLITICAL PLATFORMS. 35 slave law, arc proved to be inconsistent with all the principles and maxims ol" de- mocracy, and wholly inadequate to the settlement of the questions of which they are claimed to be an adjustment. 10. That no permanent settlement of the slavery question can be looked I'or ex- cept in the practical recognition of the truth that slavery is sectional and freedom national ; by the total separation of the general government from slavery, and the exercise of its legitimate and constitutional influence on the side of freedom ; and by leaving to the states the whole subject of slavery and the extradition of I'ugitives from service. 11. That all men have a natural right to a portion of the soil ; and that as the use of the soil is indisjiensabletolife, the right of all men to the soil is as sacred as their right to life itself. 12. That the public lands of the United States belong to the people and should not be sold to individuals nor granted to corpora- tions, but should be held as a sacred trust for the benefit of the people, and should be granted in limited quantities, free of cost, to landless settlers. 13. That due regard for the Federal constitution, a sound administrative poli- cy, demand that the funds of the general government be kept separate from bank- ing institutions ; that inland and ocean postage should be reduced to the lowest possible point ; that no more revenue should be raised than is required to defray the strictly necessary expenses of the pub- lic service and to pay off the public debt ; and that the power and patronage of the government should be diminished by the abolition of all unnecessary ofBces, salaries and privileges, and by the election of the people of all civil officers in the service of the United States, so far as may be consist- ent with the prompt and efficient transac- tion of the puolic business. 14. That river and harbor improvements, when necessary to the safety and con- venience of commerce with foreign nations, or among the several states, are objects of national concern; and it is the duty of Congress, in the exercise of its constitu- tional powers, to provide for the same. 15. That emigrants and exiles from the old world should find a cordial welcome to homes of comfort and fields of enterprise in the new ; and every attempt to abridge their privilege of becoming citizens and owners of soil among us ought to be resist- ed with inflexible determination. 16. That every nation has a clear right to alter or change its own government, and to administer its own concerns in such manner as may best secure the rights and promote the happiness of the people ; and foreign interference with that right is a dangerous violation of the law of nations. against which all independent'^" govern- ments should protest, and endeavor by all jjroper means to prevent; and especially in it the duty of the American government, representing the chief republic of the world, to protest against, and by all pro- per means to prevent, the intervention of kings and emperors against nations seek- ing to establish for themselves republican or constitutional governments. 17. That the independence of Ilayti ought to be recognized by our government, and our commercial relations with it placed on the footing of the most favored nation.s. 18. That as by the constitution, "the citizens of each state shall be entitled to all the privileges and immunities of citi- zens in the several states," the practice of imprisoning colored seamen of other states, while the vessels to which they belong lie in ])ort, and refusing the exercise of the right to bring such cases before the Su- preme Court of the United States, to test the legality of such proceedings, is a fla- grant violation of the constitution, and an invasion of the rights of the citizens of other states, utterly inconsistent with the professions made by the slaveholders, that they wish the provisions of the constitu- tion faithfully observed by every state in the Union. 19. That we recommend the introduc- tion into all treaties hereafter to be nego- tiated between the United States and for- eign nations, of some provision for the amicable settlement of difficulties by a re- sort to decisive arbitrations. 20. That the free democratic party is not organized to aid either the Whig or Democratic wing of the great slave compro- mise party of the nation, but to defeat them both ; and that repudiating and re- nouncing both as hopelessly corrupt and utterly unworthy'of confidence, the pur- pose of the Free Democracy is to take pos- session of the Federal government and ad- minister it for the better protection of the rights and interests of the whole people. 21. That we inscribe on our banner Free Soil, Free Speech, Free Labor, and Free Men, and under it will fight on and fight ever, until a triumphant victory shall reward our exertions. 22. That upon this platform, the con- vention presents to the American people, as a candidate for the office of Prcsicfent of the United States, John P. Ilalc, of New Hampshire, and as a candidate for the office of Vice-President of the United States, George W. Julian, of Indiana, and earnestly commend them to the support of all freemen and all i>arties. 1856.— Tbe Ainerlcaii Platform. Adopted at Philadelphia February 21. 1. An humble acknowledjrment to the 36 AMERICAN POLITICS. [eook II. Supreme Being for His protecting care vouchsafed to our fathers in their success- ful revohitionary straggle, and hitherto manifested to us, their descendants, in the preservation of the liberties, the indepen- dence, and the union of these states. 2. The perpetuation of the Federal Union and constitution, as the palladium of our civil and religious liberties, and the only sure bulwarks of American independ- ence. 3. Amei'icans must rule America ; and to this end 7ia//re-born citizens should be se- lected for all state, federal, and municipal offices of government employment, in pre- ference to all others. Nevertheless, 4. Persons born of American parents residing temporarily abroad, should be entitled to all the rights of native-born citizens. 6. No person should be selected for polit- ical station (whether of native or foreign birth), who recognizes any allegiance or obligation of any description to any foreign prince, potentate, or power, or who refuses to recognize the federal and state constitu- tions (eacli within its sphere) as paramount to all other laws, as rules of political ac- tion. 6. The unequaled recognition and main- tenance of the reserved rights of the several states, and the cultivation of harmony and fraternal good-will between the citizens of the several states, and, to this end, non- interference by Congress with questions appertaining solely to the individual states, and non-intervention by each state with the affairs of any other state. 7. The recognition of the right of native- born and naturalized citizens of the Uni- ted States, permanently residing in any territory tlicreof, to frame their constitu- tion and laws, and to regulate their domes- tic and social affairs in their own mode, flubiect only to the })rovisions of the fed- eral constitution, witli the privilege of ad- mission into the Union whenever they have the requisite population for one Representative in Congress: Provided, al- vays, that none but those who arc citizens of the United States under the constitu- tion and laws tliereof, and who have a fixed residence in any such territory, ought to participate in the formation of the con- Btitution or in the enactment of hiws for said territory or state. 8. An enforcement of the principles that no state or territory ought to admit others tlian citizens to the right of suffrage orof liolding political ofRcesof the United States. 9. A change in the laws of naturaliza- tion, making a continued resi(h'nce of twenty-one years, of all not heretofore provided for, an indispoTisable requisite for citizenship liereafter, and excluding all paupers and jtcrsons convicted of crime from landing upon our shores ; but no in- terference with the vested rights of for- eigners. 10. Opposition to any union between church and state ; no interference with religious faith or worship; and no test- oaths for office. 11. Free and thorough investigation into any and all alleged abuses of public functionaries, and a strict economy in pub- lic expenditures. 12. The maintenance and enforcement of all laws constitutionally enacted, until said laws shall be repealed, or shall be de- clared null and void by competent judicial authority. 13. Opposition to the reckless and un- wise policy of the present administration in the general management of our national affairs, and more especially as shown in removing "Americans" (by designation) and conservatives in principle, from office, and placing foreigners and ultraists in their places ; as shown in a truckling sub- serviency to the stronger, and an insolent and cowardly bravado towards the weaker powers ; as shown in reopening sectional agitation, by the repeal of the Missouri Compromise ; as shoAvn in granting to un- naturalized foreigners the right of suffrage in Kansas and Nebraska ; as shown in its vacillating course on the Kansas and Ne- braska question ; as shown in the corrup- tions which pervade some of the depart- ments of the government ; as shown in dis- gracing meritorious naval officers through prejudice or caprice ; and as shown in the blundering mismanagement of our foreign relations. 14. Therefore, to remedy existing evils and prevent the disastrous consequences otherwise resulting therefrom, we would build up the " American Party " upon the principles hereinbefore stated. 15. That each state council shall have authority to amend their several constitu- tions, so as to abolish the several degrees, and substitute a pledge of honor, instead of other obligations, for fellowship and admission into the party. 16. A free and open discussion of all political principles embraced in our plat- form. 1856.— Drmocratlc Platform, Adopted (U Cincinnati, June 6. Resolved, That the American democracy place their trust in the intelligence, the patriotism, and diseriminating justice of the American peo])le. Resolved, That we regard this as a dis- tinctive feature of our political creed, which we arc proud to maintain before the world as a great moral element in a form of government springing from and upheld by the popular will ; and we con- BOOK II.] POLITICAL PLATFORMS. 37 trast it Avitli the creed and practice of federalism, under whatever name or form, which seeks to i)alsy the will of the con- stituent, and which conceives no imposture too monstrous for the popular credulity. Resolved, therefore, Tliut entertainin;i; these views, the Democratic party of this Union, through their delegates, assembled in general convention, coming together in a spirit of concord, of devotion io the doc- trines and faith of a free representative government, and appealing to their fellow citizens for the rectitude of their intentions, renew and reassert, before the American people, the declaration of principles avowed by them, when, on former occa- sions, in general convention, they have presented their candidates for the popular suffrage. 1. That the Federal government is one of limited power, derived solely from the constitution, and the grants of power made therein ought to be strictly construed by all the departments and agents of the gov- ernment, and that it is inexpedient and dangerous to exercise doubtful constitu- tional powers. 2. That the constitution does not confer upon the general government the power to commence and carry on a general system of internal improvements. 3. That the constitution does not confer authority upon the Federal government, directly or indirectly, to assume the debts of the several states, contracted for local and internal improvements or other state purposes ; nor would such assumption be just or expedient. 4. That justice and sound policy forbid the Federal government to foster one branch of industry to the detriment of another, or to cherish the interests of one portion of our common country ; that every citizen and every section of the country has a right to demand and insist upon an equality of rights and privileges, and a complete and ample protection of persons and property from domestic violence and foreign aggression. 5. That it is the duty of every branch of the government to enforce and practice the most rigid economy in conducting our public affairs, and that no more revenue ought to be raised than is required to de- fray the necessary expenses of the govern- ment and gradual but certain extinction of the public debt. 6. That the proceeds of the public lands ought to be sacredly applied to the national objects specified in the constitution, and that we are opposed to any law for the dis- tribution of such proceeds among the states, as alike inexpedient in policy and repug- nant to the constitution. 7. That Congress has no power to char- ter a national bank ; that we believe such an institution one of deadly hostility to the best interests of this country, danger- ous to our republican institutions and the liberties of the people, and calculated to place the business of the country within the control of a concentrated money power and above the laws and will of the people; and the results of the democratic legisla- tion in this and all other (inancial measures upon which issues have been made between the two political parties of the country, have demonstrated to candid and practical men of all jjarties their soundness, safety, and utility in all business puruiits. 8. That the separation of the moneys of the government from banking institutions is indispensable to the safety of the funds of the government and the rights of the people. y. That we are decidedly opposed to taking from the President the (jualified veto power, by which he is enabled, under restrictions anil responsibilities amply suffi- cient to guard the public interests, to sus- pend the j)assage of a bill whose merits can not secure the approval of two-thirds of the Senate and House of Representa- tives, until the judgment of the people can be obtained thereon, and which has saved the American people from the corrupt and tyrannical dominion of the Bank of the United States and from a corrupting sys- tem of general internal improvements. 10. That the liberal principles embodied by Jefferson in the Declaration of Inde- pendence, and sanctioned in the Constitu- tion, Avhich makes ours the land of liberty and the asylum of the oppressed of every nation, have ever been cardinal principles in the democratic faith ; and every at- tempt to abridge the privilege of becom- ing citizens and owners of soil among us, ought to be resisted with the same spirit which swept the alien and sedition laws from our statute books. And ivhereas, Since the foregoing decla- ration was uniformly adopted by our prede- cessors in national conventions, an adverse political and religious test has been secretly organized by a party claiming to be exclusively Americans, and it is proper that the American democracy should clearly define its relations thereto ; and declare its determined opposition to all secret political societies, by whatever name they may be called — Jiesoh-ed, That the foundation of this union of states having been laid in, and its })rosperity, expansion, and pre-eminent exami)le in free government built upon, entire freedom of matters of religious con- cernment, and no respect of persons in re- gard to rank or place of birth, no party can justly be deemed national, constitu- tional, or in accordance with American principles, which bases its exclusive organ- ization upon religious opinions and acci- dental birth-place. And hence a political 38 AMERICAN POLITICS. [book II. crusade in the nineteenth century, and in the United States of America, against Catholics and foreign-born, is neither justi- fied by tlie past history or future prospects of the country, nor in unison with the spirit of toleration and enlightened free- dom which peculiarly distinguishes the American system of popular government. liesolced,' That we reiterate with renewed energy of purpose the well-considered declarations of former conventions upon the sectional issue of domestic slavery, and concerning the reserved rights of the states — 1. That Congress has no power under the constitution to interfere with or con- trol the dome?tic institutions of the several states, and that all such states are the sole and proper judges of everything apper- taining to their own affairs not prohibited by the constitution ; that all efforts of the Abolitionists or others, made to induce Congress to interfere with questions of slavery, or to take incipient steps in rela- tion thereto, are calculated to lead to the most alarming and dangerous conse- quences, and" that all such efforts have an inevitable tendency to diminish the hap- piness of the people and endanger the stability and permanency of the Union, and ought not to be countenanced by any friend of our political institutions. 2. That the foregoing proposition covers and was intended to embrace the whole subject of slavery agitation in Congress, and therefore the Democratic party of the Union, standing on this national ]>latform, will abide by and adhere to a faithful exe- cution of the acts known as the compro- mise measures, settled by the Congress of 1850 — "the act for reclaiming fugitives from service or labor " included ; which act, being designed to carry out an express Erovision of the constitution, can not, with delity thereto, be repealed, or so changed as to destroy or impair its efficiency. 3. That tiie Democratic jiarty will resist all attempts at renewing in Congress, or out of it, the agitation of the slavery ques- tion, under whatever shape or color the attempt may be nuide. 4. That tiic Dcmofratic party will faith- fully abide by and ujihold the principles laid down iii the Kentucky and Virginia resolutions of 17!i2 and 171)8, and in the report of Mr. Madison to the Virginia legislature in 1791); that it adopts these f)rinciples a.s constituting one of the main oundations of its political creed, and is resolved to carry them out in their obvious meaning and import. And that we may more distinctly meet the issue on which a sectional party, sub- si-sting exclusively on slavery agitation, now rclic-( to test the fidelity of the i)eoi)lc, north and south, to the constitution and tlic Union — 1. Resolved, That claiming fellowship with and desiring the co-operation of all who regard the preservation of the Union under the con-stitution as the jjaramount issue, and repudiating all sectional parties and platforms concerning domestic slavery which seek to embroil the states and in- cite to treason and armed resistance to law in the territories, and whose avowed pur- pose, if consummated, must end in civil war and disunion, the American democracy recognize and adopt the principles con- tained in the organic laws establishing the territories of Nebraska and Kansas, as em- bodying the only sound and sa'e solution of the slavery question, upon which the great national idea of the people /if this whole country can repose in its determined conservation of the Union, and non-inter- ference of Congress with slavery in the territories or in the District of Coiumbia. 2. That this was the basis of the com- promise of 1850, confirmed by both the Democratic and Whig parties in national conventions, ratified by the people in the election of 1852, and rightly applied to the organization of the territories in 1851. 3. That by the uniform ajiplication of the Democratic principle to the organiza- tion of territories and the admission of new states, with or without domestic sla- very, as they may elect, the equal rights of all the states will be preserved intact, the original compacts of the constitution main- tained inviolate, and the perpetuity and expansion of the Union insured to its ut- most capacity of embracing, in ]icace and harmony, every future American state that may be constituted or annexed with a re- publican form of government. Resolved, That we recognize the right of the people of all the territories, includ- ing Kansas and Nebraska, acting through the legally and fairly expressed will of the majority of the actual residents, and when- ever the number of their inhabitants justi- fies it, to form a constitution, with or with- out domestic slavery, and be admitted into the Union upon terms of perfect equality with the other states. Resolved, fuudhj, That in view of the condition of the jtopular institutions in the old world (and the dangerous tenc'encies of sectional agitation, combined with the attempt to enforce civil and religious disa- bilities against the rights of acquiring and enjoying citizenship in our own land), a high" and sacred duty is devolved, with in- creased responsibility, upon the Demo- cratic party of this country, as the ])arty of the Union, to uphold and maintain the rights of every state, and therei)y the union of the states, and to sustain and ad- vance among us constitutional liberty, by contiiuiing to resist all monopolies and ex- clusive legislation for the benefit of the few at the expense of the many, and by a vigi- BOOK II.] POLITICAL PLATFORMS. 39 lant and constant adherence to those prin- ciples and coinproinisesof the constitution wiiicliarc Ijroad enough and strong enough to embrace and ujdiold tiie Union as it was, the Union as it is, and the Union as it shall be, in the lull expression of the energies and capacity ol' this great and progressive people. 1. Itcsolved, That there are questions connected with the foreign policy of this country which are inferior to no domestic questions whatever. The time has come for the pcoi)le of the United States to de- chire themselves in favor of free seas and progressive free trade throughout the world, and, by solemn numifestations, to j)lace their moral iniluence at the side of their successful exami)le. 2. Jieaolved, That our geographical and political position with reference to the other states of this continent, no less than the interest of our commerce and the develop- ment of our growing power, requires that we should hold sacred the principles in- volved in the Monroe doctrine. Their bearing and import admit of no miscon- struction, and should be applied with un- hending rigidity. 3. Resolved, That the great highway which nature, as well as the assent of states most immediately interested in its main- tenance, ha.s marked out for free commu- nication between the Atlantic and Pacific oceans, constitutes one of the most impor- tant achievements realized by the spirit of modern times, in the unconquerable energy of our people ; and that result would be secured by a timely and efficient exertion of the control which we have the right to claim over it; and no power on earth should be sufl'ered to impede or clog its progress by any interference with relations that may suit our policy to establish be- tween our government and the govern- ments of the states within whose dominions it lies ; we can under no circumstances sur- render our ])reponderance in the adjust- ment of all (piestions arising out of it. 4. Resolved, That in view of so com- manding an interest, the people of the United States cannot but sympathize with the elforts which are being made by the people of Central America to regenerate that portion of the continent which covers the passage across the inter-oceanic isthmus. 5. Resolved, That the Democratic j)arty will expect of the next administration that every proper efibrt be made to insure our ascendency in the (lulf of IMcxico, and to maintain i)ermani>nt protection to the great outlets through which are emptied into its waters the products raised out of the soil and the commodities created by the indus- try of the ])eople of our western valleys and of the Union at large. 6. Resolved, That the administration of Franklin Pierce has been true to Demo- cratic principles, and, therefore, true to the great interests of the country; in the face of violent opi)Osition, he has maintained the laws at home and vindicated the rights of American citizens abroad, and, there- fore, we i)roclaim our unqualified admira- tion of his measures and policy. 1850.— Repulilican Platform, Adopted al Philadelphia, June 17. This convention of delegates, assembled in pursuance of a call addressed to the people of the United States, without regard to past political difl'erences or divisions, who are opposed to the repeal of the Mis- souri Compromise, to the policy of the present administration, to the extension of slavery into free territory ; in favor of ad- mitting Kansas as a free state, of restoring the action of the Federal government to the princijiles of Washington and Jeffer- son ; and who ptirjiose to unite in present- ing candidates for the offices of President and Vice-President, do resolve as follows : Resolved, That the maintenance of the princii)les promulgated in the Declaration of Independence, and embodied in the federal constitution, is essential to the pre- servation of our Ilepid)lican institutions, and that the federal constitution, the right*i of the states, and the union of the states, shall be preserved. Resolved, That with our rejniblican fathers we hold it to be a self-evident truth that all men are endowed with the inalien- able rights to life, liberty, and the pursuit of happiness, and that the primary object and ulterior design of otir Federal govern- ment were, to secure these rights to all l)ersons within it^ exclusive jurisdiction ; that as otir republican fathers, when they had abolished slavery in all our national territory, ordained that no person should be deprived of life, liberty, or property, without due process of law, it becomes otir duty to maintain this provision of the con- stitution against all attempts to violate it for the purpose of establishing slavery in any territory of the United States, by posi- tive legislation, prohibiting its existence or extension therein. That Ave deny the au- thority of Congress, of a territorial legis- lature, of any individual or association of individuals, to give legal existence to sla- very in any territory of the United States, while the present constitution shall bo maintained. Resolved, That the constitution confers upon Congress sovereign ]>ower over the territories of the United States for their government, and that in the exercise^ of this power it is both the right and the im- ])erative duty of Congress to jirohibit in the territories those twin relics of barbar- ism — polygamy and slavery. 40 AMERICAN POLITICS. [book ii. Resolved, That while the constitution of the United States was ordained and estab- lished, in order to form a more perfect union, establish justice, insure domestic tranquillity, provide for the common de- fense, jjromote the general welfare, and secure the blessings of libeity, and contains ample provisions for the protection of the life, liberty, and property of every citizen, the dearest constitutional rights of the people of Kansas have been fraudulently and violently taken from them ; their terri- tory has been invaded by an armed force ; spurious and pretended legislative, judicial, and executive officers have been set over them, by whose usurped authority, sus- tained by the military power of the govern- ment, tyrannical and unconstitutional laws have been enacted and enforced ; the rights of the people to keep and bear arms have been infringed; test oaths of an extraordi- nary and entangling nature have been im- posed, as a condition of exercising the right of suffrage and holding office ; the right of an accused person to a speedy and public trial by an impartial jury has been denied ; the right of the people to be se- cure in their persons, houses, papers, and effects against unreasonable searches and seizures, has been violated ; they have been deprived of life, liberty, and property with- out due process of law ; that the freedom of speech and of the press has been abridg- ed ; the right to choose their representa- tives has been made of no effect ; murders, robberies, and arsons have been instigated or encouraged, and the offenders have been allowed to go unpunisbed ; that all these things have been done with the knowledge, sanction, and procurement of the present national administration ; and that for this high crime against the constitution, the Union, and humanity, we arraign the ad- ministration, the President, his advisers, agents, supporters, apologists, and acces- sories, either before or after the facts, be- fore the country and before the world ; and that it is our fixed purpose to ])ringthe actual ])erpotrators of these atrocious out- rages, and their accomplices, to a sure and condign punishinciit hereafter. Ji'rsnirril, That Kansas should be im- mediately admitted as a state of the Union with her present free constitution, as at once tlic most effectual way of securing to her citizens the enjoyment of the rights and privileges to which th(\v arc cniith'd, and of ending the civil strife now raging in her territory. Jiesolvrd, That the highwayman's ]>lea that "might makes right," embodied in the Ostend circuhir, was in every respect unworthy of vVmerican diplomacy, and would l>ring shame and dislionor npon any government or people that gave it their Banefion. litsolvcd, That a railroad to the Pacific ocean, by the most central and practicable route, is imperatively demanded by the in- terests of the whole country, and that the Federal government ought to render im- mediate and efficient aid in its construc- tion, and, as an auxiliary thereto, the im- mediate construction of an emigrant route on the line of the railroad. liesohed, That appropriations of Con- gress for the improvement of rivers and harbors of a national character, required for the accommodation and security of our existing commerce, are authorized by the constitution, and justified by the obligation of government to protect the lives and property of its citizens. Hesolved, That we invite the affiliation and co-operation of the men of all parties, however differing from us in other respects, in support of the principles herein de- clared ; and believing that the spirit of our institutions, as well as the constitution of our country, guarantees liberty of con- science and equality of rights among citi- zens, we oppose all prescriptive legislation affecting their security. 1856.— "Wlilg Platform. BuUimore, September 13. Resolved, That the Whigs of the United States, now here assembled, hereby de- clare their reverence for the constitution of the United States, their unalterable at- tachment to the National Union, and a fixed determination to do all in their poAver to preserve them for themselves and their posterity. They .have no new princi- ples to announce ; no new platform to es- tablish ; but are content to broadly rest — where their fathers rested — upon the con- stitutictn of the United States, wishing no safer guide, no higher law. Resolved, That we regard with the deepest interest and anxiety the present disordered condition of our national af- fairs — a portion of the country ravaged by civil war, large sections of our po])ulation embittered by mutual recriminations; and we distinctly trace these calamities to the culpabk> neglect of duty by the present national administration. Resolved, That the government of the United States was formed by the conjunc- tion in political unity of wide-spread geo- graphical sections, materially ditfering, not only in clinuite and j)roducts, but in social an(l domestic institutions; and that any cause that shall permanently array the diderent sections of the Union in j)()litical hostility and organize parties founded only on geographical distinctions, must inevit- ably jirove fatal to a continuance of the National Union. Rvsolved, That the Whigs of the United States declare, as a fundamental article of BOOK II.] POLITICAL PLATFORMS. 41 political faith, an al)solute necessity for avoiding geographical parties. The dan- ger, so clearly discerned by the Father of his Country, has now become feari'ully apparent in the agitation now convulsing the nation, and must be arrested at once if we would preserve our constitution and our Union from dismemberment, and the name of America irom being blotted out from tlie family of civilized nations. h'csnlri'd, That all who revere the con- stitution ami the Union, must look with alarm at the parties in the held in the present presidential camp:iign — one claim- ing only to rei)resent sixteen northern states, and the other appealing mainly to the passions and prejudices of the southern states ; that the success of either faction must add fuel to the flame which now threatens to wrap our dearest interests in a common ruin. Jii'solved, Tliat the only remedy for an evil so appalling is to suj)port a candidate pledged to neither of the geographical sec- tions nor arrayed in political antagonism, but holding l)oth in a just and equal regard. AVe congratulate the friends of the Union that such a candidate exists in Millard Fillmore. liesolced, That, without adopting or re- ferring to the peculiar doctrines of the party which has already selected Mr. Fill- more as a candidate, we look to him as a well tried and faithful friend of the consti- tution and the Union, eminent alike for his wisdom and firmness — for his justice and moderation in our foreign relations — calm and pacific temperament, so well be- coming the head of a great nation — for his devotion to the constitution in its true spirit — his inflexibility in executing the laws but, beyond all these attributes, in possessing the one transcendent merit of being a representative of neither of the two sectional parties now struggling for political supremacy. Resolved, That, in the present exigency of political affairs, we are not called upon to discuss the subordinate questions of ad- ministration in the exercising of the con- stitutional powers of the government. It is enough t'> know that civil war is raging, and tluit the Union is in peril ; and we proclaim the conviction that the restora- tion of Mr. Fillmore to the presidency will furnish the best if not the only means of restoring peace. I860.— Constitutional Union Platform. Baltimore, May 9. Whereas, Experience has demonstrated that platforms adopted by the partisan conventions of the country have had the effect to mislead and deceive the people, and at the same time to widen the political divisions of the country, by the creatii^n and encouragement of geographical and sectional parties ; therefore. Resolved, That it is both the part of patriotism and of duty to reeoynize no po- litical principles other than The Consti- tution OK THE Country, the Union op THE States, and the Eneorcement of THE Laws; and that as reiu'csentativcs of the Constitutional Union men of the coun- try, in national convention assem])led, we hereby j)ledge ourselves to maintain, jjto- tect, and defend, separately and unitedly, these great principles of public' liberty and national safety against all enemies at hoifie and abroad, believing that thereby peace may once more be restored to the country, the rights of the people and of the states re-established, and the government again placed in that condition of ju.-tice, frater- nity, and equality, which, under the exam- ple and constitution of our fathers, has solemnly bound every citizen of the United States to maintain a more perfect union, establish justice, insure domestic tranquil- lity, provide for the common defense, j)ro- mote the general welfare, and secure the blessings of liberty to ourselves and our posterity. I860.— Republican Platform, Chicaijo, Maij 17. Resolved, That we, the delegated repre- sentatives of the Republican electors of the United States, in convention assembled, in discharge of the duty we owe to our constituents and our country, unite in the following declarations : 1. That the history of the nation, dur- ing the last four years, has fully establish- ed the propriety and necessity of the or- ganization and peri)etuation of the Re- publican i)arty, and that the causes whict called it into existence are permanent in their nature, and now, more than ever be- fore, demand its peaceful and constitutional triumph. 2. That the maintenance of the principles promulgated in the Declaration of Inde- pendence and embodied in the federal constitution, " That all men ar>! created equal ; that they are endowed by their Creator Avith certain inalienable rights; that among these are life, liberty, and the pursuit of liappiness ; that to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed," is essential to the preservation of our'republican institu- tions; and that the federal constitution,^ the rights of the states, and the union of the states, must and shall be preserved. 3. That to the union of the states this nation owes its unprecedented increase in population, its surprising development of 42 AMERICAN POLITICS. [book II. material resources, its rapid augmentation of wealth, its happiness at home and its honor abroad ; and we hold in abhorrence all schemes for disunion, come from what- ever source they may ; and we congratulate the country that no Republican member of Congress has utteied or countenanced the threats of disunion so often made by De- mocratic members, without rebuke and with applause from their political associ- ates ; and we denounce those threats of dis- union, in case of a popular overthrow of their ascendency, as denying the vital principles of a free government, and as an avowal of contemplated treason, which it is the imperative duty of an indignant people sternly to rebuke and forever silence. 4. That the maintenance inviolate of the rights of the states, and especially the right of each state to order and control its own domestic institutions according to its own judgment exclusively, is essential to that balance of powers on which the perfection and endurance of our political fabric de- pends ; and we denounce the lawless in- vasion, by armed force, of the soil of any state or territory, no matter under what pretext, as among the gravest of crimes. 5. That the present Democratic admini- stration has far exceeded our worst ap- prehensions, in its measureless subserviency to the exactions of a sectional interest, as especially evinced in its desperate exertions to force the infamous Lecompton constitu- tion upon the protesting people of Kansas ; in construing the personal relations be- tween master and servant to involve an unqualilied projjcrty in persons; in its at- tempted enforcement, everywhere, on land and sea, through the intervention of Con- gress and of the federal courts, of the ex- treme pretensions of a purely local interest ; and in its general and unvarying abuse of the power entrusted to it by a confiding people. 6. That the people justly view with alarm the reckless extravagance which pervades every department of the Federal govern- ment; that a return to rigid economy and accountability is indispensable to arrest the systematic plunder of the public trer.sury by favored partisans; while the recent Ktartling developments of frauds and cor- ruptions at the federal metro])olis, show that an entire change of administration is imperatively demanded. 7. That the new dogma, that the consti- tution, of its own force, carries slavery into any or all of the territories ol' the Ignited States, is a dangerous political heresy, at variance witli the exi>licit ])rovisions ol that instrument itself, with coiitemiiorane- ous ex])()sition, and with legislative and judicial precedent — is revolutionary in its tenden(ry, and suDversive of the peace and harmony of tiie country. 8. That the normal condition of all the territory of the United States is that*)f freedom ; that as our republican fathers, when they had abolished slavery in all our national territory, ordained that " no per- son shall be deprived of liie, liberty, or property, without due process of law," it becomes our duty, by legislation, whenever such legislation is necessary, to maintain this provision of the constitution against all attempts to violate it ; and we deny the authority of Congress, of a territorial legis- lature, or of any individuals, to give legal existence to slavery in any territory of the United States. 9. That we brand the recent reopening of the African slave trade, under the cover of our national flag, aided by ])erversions of judicial power, as a crime against human- ity and a burning shame to our country and age ; and we call upon Congress to take prompt and efficient measures for the total and final suppression of that execrable traffic. 10. That in the recent vetoes, by their federal governors, of the acts of the legis- latures of Kansas and Nebraska, prohibit- ing slavery in those territories, we find a practical illustration of the boasted De- mocratic principle of non-intervention and popular sovereignty, embodied in the Kansas-Nebraska bill, and a demonstration of the deception and fraud involved therein. 11. That Kansas should, of right, be immediately admitted as a state under the constitution recently formed and ad()j)ted by her people, and accepted by the House of Re]iresentatives. 12. That, while providing revenue for tlie support of the general government by duties upon imports, sound policy requires such an adjustment of these imports as to encourage the development of the indus- trial interest of the whole country ; and we commend that policy of national ex- changes which secures to the working men libei'al wages, to agriculture remunerative prices, to mechanics and manufacturers an adeijuate reward for their skill, labor, and enterprise, and to the nation commercial prosperity and inde])cndence. 18. That we protest against any sale or alienation to others of the ])ublic lands held by actual settlers, and against any view of the homestead policy Avhich re- gards the settlers as paupers or sui)pliants for ])ublic bounty; and we demand the passage by Congress of the com])letc and satisliictory homestead measure which has already ])assed the House. 14. That the republican party isopjiosed to any change in our naturalization laws, or any state legislation by which the right,s of citizenship hitherto accorded to immi- grants from foreign lands shall l)e abridged or impaired ; and in favor of giving a full and ellicient protection to the rights of all BOOK II.] POLITICAL PLATFORMS. 43 'classes of citizen?^, whether native or na- turalized, both at home and abroad. 15. Tliat appropriations by Congress for river and harbor iini)r()venients of a na- tional charaeler, reijuired I'or the accommo- dation and security of an existing com- merce, are authorized by the constitution and justified by the obligations of govern- ment to protect tlie Uvea aud property of its citizens. 10. That a railroad to the Pacific ocean is imperatively demanded l)y the interest of the whole country ; that the Federal government ought to render inunediate and eHicient aid in its construction ; and that as preliminary thereto, a daily overland mail should be promptly established. 17. Finally, having thus set forth our distinctive principles and views, we invite the co-operation of all citizens, however differing on other questions, who substan- tially agree with us in their affirmance and support. 18C0.— Democratic (Douglas) Platform, Charleston, April 2:5, and Btiltimore, Jane IS. 1. Resolved, That we, the Democracy of the Union, in convention assembled, here- by declare our affirmance of the resolutions unanimously adopted and declared as a Platform of principles by the Democratic convention at Cincinnati, in the year 1850, believing that democratic principles are unchangeable in their nature when applied to the same subject-matters ; and we recom- mend, as the only further resolutions, the following : Inasmuch as differences of opinion exist in the Democratic ])arty as to the nature and extent of the powers of a territorial legislature, and as to the powers and duties of Congress, under the constitution of the United States, over the institution of sla- very within the territories : 2. Resolved, That the Democratic party will abide by the decisions of the Supreme Court of tlie United States on the questions of constitutional law. 3. Resolved, That it is the duty of the United States to affi)rd ample and complete Erotection to all its citizens, whether at ome or abroad, aud whether native or foreign. 4. Resolved, That one of the necessities of the age, in a military, commercial, and postal point of view, is speedy communi- cation between the Atlantic and Pacific states ; and the Democratic party pledge such constitutional government aid as will insure th&.construction of a railroad to the Pacific coast at the earliest practicable period. 5. Resolved, That the Democratic party are in favor of the acquisition of the island of Cuba, on such terms as shall be honor- able to ourselves and just to Spaiu. G. Resolved, That the enactments of state legislatures to defeat the faithful execution of the Fugitive Slave Law are hostile in character, subversive of the constitution, and revolutionary in their ellect. 7. Resolved, That it is in accordance with the true interpretation of the Cincin- nati platibrm, that, during the existence of the territorial governments, the measure of restriction, whatever it may be, imposed by the federal constitution on the power of the territorial legislature over the subject of domestic relations, as the same has been, or shall hereafter be, finally determined by the Supreme Court of the United States, shall be respected by all good citizens, and enforced with promptness and fidelity by every branch of the general gtile in character, subversive of the constitution, and revolutionarv in their efiect. 6. That the Democracy of the United States recognize it as the imperative duty of this government to protect the natural- 44 AMERICAN POLITICS. [book II. ized citizen in all his rights, -whether at home or in foreign lands, to the same ex- tent as its native-born citizens. Whereas, One of the greatest necessi- ties of the age, in a political, commercial, postal, and militaiy point of view, is a speedy connnunication between the Pa- cific and Atlantic coasts ; therefore, be it Resolved, That the Democratic party do hereby pledge themselves to use every means in their power to secure the passage of some bill, to the extent of the constitu- tional authority of Congress, for the con- struction of a Pacific railroad from the Mississippi river to the Pacific ocean, at the earliest practicable moment. 1SG4:.— Radical Platform. Clei-elaud, May 31. 1. That the Federal Union shall be pre- served. 2. That the constitution and laws of the United States must be observed and obeyed. 3. That the Rebellion must be sup- pressed by force of arms, and without com- promise. 4. That the rights of free speech, free press and the habeas corpus be held invio- late, save in districts where martial law has been proclaimed. 5. That the Rebellion has destroyed slavery ; and the federal constitution sliould be so amended as to prohibit its re-establisluneiit, and to secure to all men absolute evo]>\(i of the United iStates can never regard with indilference the attem])t of any European power to overthrow by iorce, or to sup- plant by fraud, the institutions of any re- publican government on the western con- tinent, and that the}^ will view with ex- treme jealousy, as menacing to the peace and indejjendence of this, our country, the efforts of any such power to obtain new footholds for monarchical governments, sustained by a foreign military force, in near proximity to the United States. 1864:.— Democratic Platform. Chicago, August 29. Resolved, That in the future, as in the past, we will adhere with unswerving fidel- ity to the Union under the constitution, as the only solid foundation of our strength, security, and happiness as a peo- ple, and as a frame-work of government equally conducive to the welfare and pros- perity of all the states, both northern and southern. Resolved, That this convention does ex- plicitly declare, as the sense of the Ameri- can people, that after four years of failure to restore the Union by the experiment of war, during which, under the pretense of a military necessity of a war power higher than the constitution, the constitution it- self has been disregarded in every part, and public liberty and private right alike trodden down, and the material ])rosperity of the country essentially impaired, justice, hunuinity, liberty, and the public welfare demand that immediate efforts be made for a cessation of hostilities, with a view to an ultimate convention of all the states, or other peaceable means, to the end that, at the earliest practicable moment, peace may be restored on the basis of the federal union of all the states. Resolved, That the direct interference of the military authority of the United States in the recent elections held' in Kentucky, Maryland, Missouri, and Delaware, was a shameful violation of the constitution ; and the repetition of such acts in the ap- jiroaching election will be held as revolu- tionary, and resisted wifh all the means and power under our contrel. Resolved, That the aim and object of the Democratic party is to preserve tlie Fcilc- ral Union and the rights of the states un- impaired ; and they hereby declare that they consider the administrative usurpa- tion of extraordinary and dangerous jiow- ers not granted by the constitution, the subversion of the civil by the military law in states not in insurrection, the arbitrary 46 AMERICAN POLITICS. [nooK II. military arrest, imprisonment, trial, and sentence of American citizens in states where civil law exists in full force, the suppression of freedom of speech and of the press, the denial of the right of asy- lum, the open and avowed disregard of state rights, the employment of unusual test-oaths, and the interference with and denial of the right of the peoj^le to bear avnvi in their defense, as calculated to prevent a restoration of the Union and the perpetuation of a government deriving its just powers Irom the consent of the gov- erned. Resolved, That the shameful disregard of the administration to its duty in respect to our fellow-citizens who now are, and long have Ijcen, prisoners of war, in a suffering condition, deserves the sevei'est reproba- tion, on the score alike of public policy and common humanity. Resolved, That the sympathy of the De- mocratic party is heartily and earnestly extended to the soldiery of our army and the sailors of our navy, who are and have been in the field and on the sea under the flag of their country ; and, in the event of our attaining power, they will receive all the care and protection, regard and kind- ness, that the brave soldiers of the Eepub- lic have so nobly earned. 1868. Repabllcan Platform. Clikago, May 20. 1. We congratulate the country on the assured success of the reconstruction poli- cy of Congress, as evinced by the adoption, in the majority of the states lately in rebel- lion, of constitutions securing equal civil and political rights to all ; and it is the duty of the government to sustain those institutions and to prevent the people of such states from being remitted to a state of anarchy. 2. The guarantee by Congress of equal suffrage to all loyal men at the south was demanded by every consideration of pub- lic safety, of gratitude, and of justice, and must be maintained ; while the question of suflragc in all tlie loyal states properly be- longs to the people of those states. 3. We denounce all forms of repudiation as a national crime ; and the national lionor requires the i)ayme"nt of the public indebtedness in the uttermost good faith to all creditors at home and a])road, not only according to the letter but the spirit of the laws under which it was con- tracted. 4. It is due to the lal)()r of the nation that taxation slioiild Ix; e(|ualized and re- duced as rapidly as the national faith will permit. G. The national debt, contracted as it has been for the preservation of the Union for all time to come, should be extended over a fair period for redemption ; and it is the duty of Congress to reduce the rate of interest thereon whenever it can be honest- ly done. 6. That the best policy to diminish our burden of debts is to so improve our credit that capitalists will seek to loan us money at lower rates of interest than we now pay, and must continue to pay, so long as re- pudiation, partial or total, open or covert, IS threatened or suspected. 7. The government of the United States should be administered with the strictest economy ; and the corruptions which have been so shamefully nursed and ibstcred by Andrew Johnson call loudly for radical re- form. 8. We profoundly deplore the tragic death of Abraham Lincoln, and regret the accession to the presidency of Andrew Johnson, who has acted treacherously to the people who elected him and the cause he was pledged to support ; who has usurped high legislative and judicial functions; who has refused to execute the laws ; who has used his high office to induce other officers to ignore and violate the laws; who has employed his executive powers to render insecure the property, the peace, liberty, and life of the citizen ; who has abused the pardoning power ; who has denounced the national legislature as un- constitutional ; who has persistently and corruptly resisted, by every means in his power, every proper attempt at the recon- struction of the states lately in rebellion ; who has perverted the public jiatronage into an engine of wholesale corruption ; and who has been justly impeached for high crimes and misdemeanors, and pro- perly pronounced guilty thereof by the vote of thirty-five Senators. 9. Tiie doctrine of Great Britain and other European powers, that because a man is once a subject he is always so, must be resisted at every hazard by ihe United States, as a relic of feudal times, not au- thorized by the laws of nations, and at war with our national honor and independence. Naturalized citizens are entitled to pro- tection in all their rights of citizensliip as though they were native-born ; and no citizen of the United Slates, native or na- turalized, must be liable to arrest and im- prisonment by any Ibrcign power for acts done or words spoken in this country ; and, if so arrested and imprisoned, it is tJie duty of the government to interl'ere in his belinlf. 10. Of all who were faithful in the trials of tlie late war, there were none entitled to more special honor than the brave soldiers and seamen who endured the hardships of campaign and cruise, and imperiled their lives in the service of the country. The BOOK II.] POLITICAL PLATFORMS. 47 bounties anrl pensions provided by the laws for tlicsc nravc defenders of the na- tion are ol)ligations never to be forgotten ; the widows and orjjhans of the gallant dead are the wards of the i)eople — a sacred legaey bequeathed to the nation's protect- ing care. IL Foreign immigration, which in the past has added so much to the wealth, de- velopment, and re-ionrees, and increase of power to this Republic, the asylum of the opj)resscd of all nations, should be fostered and encouraged by a liberal and just policy. 12. Thi^ convention declares itself in sympathy with all oppressed people who are struggling for their rights. 13. That we highly commend the spirit of magnanimity and forbearance Avith which men who have served in the Rebel- lion, but who now frankly and honestly co-operate with lus in restoring the peace of the country and reconstructing the southern state governments upon the basis of impartial justice and equal rights, are re- ceived back into the communion of the loyal ])eople ; and we favor the removal of the disqualifications and restrictions im- posed upon the late rebels, in the same measure as the spirit of disloyalty shall die out, and as may be consistent with the safety of the loyal peo])le. 14. That we recognize the great princi- ples laid down in the immortal Declara- tion of Independence, as the true founda- tion of democratic government; and we hail with gladness every eflbrt toward making these principles a living reality on every inch of American soil. 1868.— Democratic Platform. Neic York, July 4. The Democratic party, in national con- vention assembled, reposing its trust in the intelligence, patriotism, and discrimi- nating justice of the people, standing upon t!ie constitution as the foundation and limitation of the i)owers of the government and the guarantee of the liberties of the citizen, and recognizing the questions of slavery and secession as having been set- tled, for all time to come, by the war or voluntary action of the southern states in constitutional conventions assembled, and never to be revived or reagitated, do, with the return of peace, demand — 1. Immediate restoration of all the states to their rights in the Union under the con- stitution, and of civil government to the American people. 2. Amnesty for all past political offenses, and the regulation of the elective franchise in the states by their citizens. 3. Payment ot all the public debt of the United States as rapidly as practicable — all money drawn from the people by taxa- tion, except so much as is requisite for tlio necessities of the government, ec(jnon!ically administered, being honestly applied to such payment; and where the obligations of the government do not expressly state upon their face, or the law under "which they were issued does not provide that they shall be piiid in coin, they ought, in right and in justice, to be paid in the law- ful money of the United States. 4. Equal taxation of every species of property according to its real value, in- cluding government bonds and other pub- lic securities. 5. One currency for the government and the people, the laborer and the office- holder, the pensioner and the soldier, the l)roducer and the bondholder. 0. Economy in the administration of the government ; the reduction of tlie standing army and navy; the abolition of the Freed- men's Bureau and all political instrumen- talities designed to secure negro suprema- cy ; simplification of the system and dis- continuance of inquisitorial modes of as- sessing and collecting internal revenue; that the burden of taxation may be equal- ized and lessened, and the credit of the government and the currency made good ; the repeal of all enactments for enrolling the state militia into national forces in time of peace; and a tariff for revenue' upon foreign imports, and such equal taxa- tion under .the internal revenue laws ^^as will afford incidental protection to domes- tic manufactures, and as will, without im- pairing the revenue, impose the least bur- den upon, and best promote and encourage, the great industrial interests of the coun- try. 7. Reform of abu.^es in the administra- tion ; the expulsion of corrupt men from office; the abrogation of useless offices; the restoration of rightful authority to, and the independence of, the executive and judicial departments of the government; the subordination of the military to the civil power, to the end that the usurpa- tions of Congress and the despotism of the sword may cease. 8. Equal rights and protection for na- turalized and native-born citizens, at home and abroad ; the assertion of American na- tionality winch shall command the re- spect of foreign powers, and furnish an example and encouragement to people struggling for national integrity, constitu- tional liberty and individual rights; and the maintenance of the rights of natural- ized citizens against the absolute doctrine of immutable allegiance and the claims of foreign powers to punish them for alleged crimes committed beyond their jurisdic- tion. In demanding these measure* and re- forms, we arraign the Radical party for its 48 AMERICAN POLITICS. [book II. disregard of right and the unparalleled oppression and tyranny which have marked its career. After the most solemn and unanimous pledge of both Houses of Congress to prosecute the war exclusively for the maintenance of the government and the preservation of the Union under the constitution, it has repeatedly violated the most sacred pledge under which alone was rallied that noble volunteer army which carried our flag to victorj\ Instead of restoring the Union, it has, so far as in its power, dissolved it, and subjected ten states, in time of profound peace, to mili- tary despotism and negro supremacy. It has nullified there the right of trial by jury; it has abolished the habeas corpus, that most sacred writ of liberty ; it has overthrown the freedom of speech and press; it has substituted arbitrary seizures and arrests, and military trials and secret star-chamber inquisitions, for the consti- tutional tribunals ; it has disregarded, in time of peace, the right of the people to be free from searches and seizures ; it has entered the post and telegraph oflices, and even the private rooms of individuals, and seized their private papers and letters, without any specific charge or notice of affidavit, as 'required by the organic law. It has converted the ' American capitol into a bastile ; it has established a system of spies and official espionage to which no constitutional monarchy of Europe would now dare to resort. It has abolished the riglit of appeal, on important constitutional questions, to the supreme judicial tribu- nals, and threatens to curtaU or destroy its original jurisdiction, which is irrevoca- bly vested by the constitution ; while the learned Chief Justice has been subjected to the most atrocious calumnies, nierely because he would not prostitute his high office to the support of the false and parti- san charges preferred against the Presi- dent. Its corruption and extravagance have exceeded anything known in history; and, by its frauds and monopolies, it has nearly doubled the burden of the debt created by the war. It has stripped the President of his constitutional power of il)pointinent, even of his own cabinet. Under its repeated assaults, the pillars of the government are rocking on their base ; and should it succeed in November next, and inatigurate its President, we will meet, as a sul)jectcd and contiuered people, amid the ruins of liberty and the scattered fragments of the constitution. And we do declare and resolve that ever since the people of the United States tlirew off all subjection to the British crown, the jirivilege and trust of suffrage liave belonged U) the several states, and have been granted, regulated, and con- trolled exclusively by the political power of each state respectively ; and that any attempt by Congress, on any pretext what- ever, to deprive any state of this right, or interfere with its exercise, is a flagrant usurpation of power which can find no warrant in the constitution, and, if sanc- tioned by the people, will subvert our form of government, and can only end in a single, centralized, and consolidated, gov- ernment, in which the separate existence of the states will be entirely absorbed, and an unqualified despotism be established in place of a federal union of co-equal states. And that we regard the construction acts (so called) of Congress as usurpations, and unconstitutional, revolutionary, and void. That our soldiers and sailors, who car- ried the flag of our country to victory against the most gallant and determined foe, must ever be gratefully remembered, and all the guarantees given in their favor must be faithfully carried into execution. That the public lands should be dis- tributed as widely as possible among the people, and should be disposed of either under the pre-emption of homestead lands or sold in reasonable quantities, and to none but actual occupants, at the minimum price established by the government. When grants of public lands may be al- lowed, necessary for the encouragement of important public improvements, the pro- ceeds of the sale of such lands, and not the lands themselves, should be so applied. That the President of the United States, Andrew Johnson, in exercising the power of his high office in resisting the aggres- sions of Congress upon the constitutional rights of the states and the people, is en- titled to the gratitude of the whole Ameri- can people ; and, on behalf of the Demo- cratic party, we tender him our thanks for his patriotic efforts in that regard. Upon this platform, the Democratic party appeal to every patriot, including all the conservative element and all who de- sire to support the constitution and restore the Union, forgetting all past differences of opinion, to unite with us in the present great struggle for the liberties of the peo- ple ; and "that to all such, to whatever ])arty they may have heretofore belonged, we extend the right hand of fellowship, and hail all such, co-operating with us, as friends and brethren. Resolved, That this convention sympa- thizes cordially with the workingmcn of the United States in their efforts to protect the rights and interests of the laboring classes of the country. Resolved, That the thanks of the con- vention are tendered to Chief Justice Salmon P. Chase, for the justice, dignity, and iin])artiality with which he presided over the court of impeachment on tho trial of President Andrew Johnson. BOOK II.] POLITICAL PLATFORMS. 49 1872.— Laljor Reform Platform. ColumbuH^ FiAiraiiry '21. We hold that all political power is in- herent in the people, and free government founded on their authority and established for their benefit ; that all citizens are equal in political rights, entitled to the largest religious and political liberty compatible with the good order of society, as al.sf) the use and enjoyment of the fruits of their labor and talents ; and no man or set of men is entitled to exclusive separable en- dowments and privileges or immunities from the government, but in consideration of public services; and any laws destruc- tive of these fundamental principles are without moral binding force, and should be repealed. And betieving that all the evils resulting from unjust legislation now affecting the industrial classes can be re- moved by the adoption of the principles contained in the following declaration : therefore, Resolved, That it is the duty of the gov- ernment to establish a just standard of di.stribution of capital and labor, by provid- ing a purely national circulating medium, based on the faith and resources of the na- tion, issued directly to the people without the intervention of any system of banking corporations, which money shall be legal tender in the payment of all debts, public and private, and interchangeable, at the option of the holder, for government bonds bearing a rate of interest not to ex- ceed 3.G5 per cent., subject to future legis- lation by Congress. 2. That the national debt should be paid in good faith, according to the original contract, at the earliest option of the gov- ernment, without mortgaging the property of the people or the future exigencies of labor to enrich a few capitalists at home and abroad. 3. That justice demands that the burdens of govm-nment should be so adjusted as to bear eijually on all classes, and that the exemption from taxation of government bonds bearing extravagant rates of inter- est, is a violation of all just principles of revenue laws. 4. That the public lands of the United States belong to the people, and should not be sold to individuals nor granted to corporations, but should be held as a sa- cred trust for the benefit of the people, and should be granted to landless settlers only, in amounts not exceeding one hundred and sixty acres of land. 5. That Congress should modify the tariff so as to admit free such articles of common use as we can neither {)roduce nor grow, and lay duties for reveiuie mainly upon articles of luxury and u})on such ar- ticles of manufacture as will, we having the raw materials, assist in further develop- ing the resources of the country. 23 6. That the presence in our country of Chinese laborers, imported by capitalists in large numbers for servile use is an evil entailing want and its attendant train of misery and crime on all classes of the American peojjle, and should be prohib- ited by legislation. 7. That we ask for the enactment of a law by which all mechanics and day-la- borers employed by or on behalf of the government, whether directly or indirectly, through persons, firms, or corporalions, contracting with the state, shall conform to the reduced standard of eight hours a day, recently adopted by Congress for na- tional emi)loyes ; and also for an amend- ment to. the acts of incorporation for cities and towns, by which all laborers and me- chanics employed at their expense shall conform to the same number of hours. 8. That the enlightened spirit of the age demands the abolition of the system of contract labor in our prisons and other re- formatory institutions. 9. That the protection of life, liberty, and property are the three cardinal prin- ciples of government, and the first two^ are more sacred than the latter; therefore,, money needed for prosecuting wars should,, a'S it is required, be assessed and collected from the wealthy of the country, and not^ entailed as a burden on posterity. 10. That it is the duty of the govern- ment to exercise its power over railroads- and telegraph corporations, that they shall not in any case be privileged to exact such rates of freight, transportation, or charges,, by whatever name, as may bear unduly or unequally upon the producer or con.sumer.. 11. That there should be such a reform, in the civil service of the national govern-- ment as will remove it beyond all partisan, influence, and place it in the charge and under the direction of intelligent and com-- petent business men. 12. That as both history and experience ■ teach us that power ever seeks to perpetu- • ate itself by every and all means, and that its prolonged possession in the hands of. one person is always dangerous to the in- terests of a free peojjle, and believing that the spirit of our organic laws and the sta- bility and safety of our free in.stitutions are best obeyed on the one hand, and secured on the other, by a regular constitutional change in the chief of the country at each election ; therefore, we are in favor of limiting the occupancy of the presidential, chair to one term. 13. That we are in favor of granting, general amnesty and restoring the Union at once on the basis of equality of rights and privileges to all, the impartial adminis- tration of justice being the only true bond of union to bind the states together and re- store the government of the people. 14. That we demand the subjectioa of 50 AMERICAN POLITICS. [book II. the military to the civil authorities, and the confinement of its operations to nation- al purpo>es alone. 15. That we deem it expedient for Con- gress to supervise the patent laws so as to give labor more fully the benefit of its own ideas and inventions. 16. That fitness, and not political or per- sonal considerations, should be the only reconmiendation to public office, either ap- pointive or elective ; and any and all laws looking to the establishment of this prin- ciple are heartily approved. 1873.— Prohibition Platform. Columbus, Ohio, February 22. The preamble recites that protection and allegiance are reciprocal duties ; and every citizen who yields obediently to the full commands of government should be pro- tected in all enjoyment of personal security, personal liberty, and private property. That the trafiic in intoxicating drinks greatly impairs the personal security and personal liberty of a great mass of citizens, and renders "private property insecure. That all political parties are hopelessly un- willing to adopt an adequate policy on this question : Therefore, as a national conven- tion, we adopt the following declaration of principles : That while we acknowledge the pure patriotism and profound statesmanship of those patriots who laid the foundation of this government, securing at once the rights of the states severally and their in- separable union by the federal constitution, we would not merely garnish the sepulchres of our republican fathers, but we do hereby renew our pledges of solemn fealty to the imperishable principles of civil and reli- gious liberty embodied in the Declaration of Independence and our federal constitu- tion. That the traffic in intoxicating beverages is a dishonor to Christian civilization, a political wrong of unequalled enormitj', subversive of ordinary oujects of govern- ment, not capable of being regulated or re- strained by any system of license whatever, and imperatively demands, for its suppres- sion, effective legal prohibition, both by state and national leg'..;lation. That there can be no greater peril to a nation than existing party competition for the liquor voU'. That any party not op- posed to the traffic, experience shows will engage in this competition — will court the favor of criminal classes— will barter away the public morals, the purity of the ballot, and every object of good government, for party success. That, lus j)rohibitionists, we will individ- ually use all cfrort« to persuade men from the use of intoxicating liquors ; and we in- vite all persons to assist in this movement. That competence, honesty, and sobriety are indispensable qualifications for holding office. That removals from public office for mere political differences of opinion are wrong. That fixed and moderate salaries of pub- lic officers should take the places of fees and ])erquisites ; and that all means should be taken to prevent corruption and encourage economy. That the President and Vice-President should be elected directly by the people. That we are in favor of a sound national currency, adequate to the demands of bus- iness, and convertible into gold and silver at the will of the holder, and the adoption of every measure compatible with justice and public safety to appreciate our present currency to the gold standard. That the rates of ocean and inland post- age, and railroad telegraph lines and water transportation, should be made as low as possible by law. That we are opposed to all discrimination in favor of capital against labor, as well as all monopoly and class legislation. That the removal of the burdens imposed in the traffic in intoxicating drinks will emanci])ate labor, and will practically pro- mote labor reform. That suffrage should be granted to all persons, without regard to sex. That the fostering and extension of com- mon schools is a primary duty of the gov- ernment. That a liberal policy should be pursued to promote foreign immigration. 1S7!3.— lilberal Repnblican Platform. Cincimiati, May 1. We, the Liberal Republicans of the L'Tnited States, in national convention as- sembled at Cincinnati, proclaim the follow- ing principles as essential to just govern- ment. 1. We recognize the equality of all men before the law, and hold that it is the duty of government, in its dealings with the people, to mete out equal and exact justice to all, of whatever nativity, race, color, or persuasion, religious or political. 2. We pledge ourselves to maintain the union of these states, emancijiation, and enfranchisement, and to oppose any re- ojiening of the questions settled by the thirteenth, fourteenth, and fifteenth amend- ments of the constitution. 3. AVe demand the immediate and abso- lute removal of all disabilities imj)Osed on iiceoiuitof the Rebellion, which was finally subdued seven years ago, believing that BOOK II.] POLITICAL PLATFORMS. 51 universal amnesty will result in coni[)k'te pacifieation in all sections of the country. 4. Local self-government, witli im})arLial suffrage, will guard the rights of all citi- zens more securely than any centralized power. The jiuhlic welfare requires the supremacy of the civil over the military authoritylandthe freedom of person under the protection of the habeas corpus. Wc; demand for the individual the largest lih- erty consistent with i)ublic order, for the state self-government, and for the nation a return to the inethotls of i_)eace and the constitutional limitations ot jxtwer. 5. The civil service of the government has become a mere instrument of partisan tyranny and personal ambition, and an ob- ject of "selfish greed. It is a scandal and rei'roach ui)on free institutions, and breeds a demoralization dangerous to the per- petuity of republican government. We, therefore, regard a thorough rei'orm of the civil service as one of the most })ressing necessities of the hour ; that honesty, ca- pacity, and fidelity constitute the only valid claims to public employment ; that the of- fices of the government cease to be a mat- ter of arbitrary favoritism and patronage, and that public station shall become again a post of honor. To this end, it is impera- tively required that no President shall be a candidate for re-election. G. Wo demand a system of federal taxa- tion which shall not unnecessarily interfere with the industry of the people, and which shall provide the means necessary to pay the expenses of the government, economi- cally administered, the pensions, the inter- est on the public debt, and a moderate re- duction annually of the principal thereof; and recognizing that there are in our midst honest but irreconcilable diflferences of — op inion with regard to the respective sys- tems of protection and free trade, we remit the discussion of the subject to the people in their congressional districts and the de- cision of Congress thereon, wholly free from Executive interference or dictation. 7. The public credit must be sacredly maintained, and we denounce repudiation in every form and guise. 8. A speedy return to specie payment is demanded alike by the highest considera- tions of commercial morality and honest government. 9. We remember with gratitude the hero- ism and sacrifices of the soldiers and sailors of the Rei)ublic ; and no act of ours shall ever detract from their justly earned fame or the full rewards of their patriotism. 10. We are opposed to all further grants of lands to railroads or other corporations. The public domain should be held sacred to actual settlers. 11. We hold that it is the duty of the government, in its intercourse with foreign nations, to cultivate the friendships of peace, by treating with all on fair and equal terms, regarding it alike dishonorable either to demand what is not right or sub- mit to what is wrong. 12. For the promotion and success of these vital principles and the suj>port of the candidates nominated by this cmven- tion, we invite and cordially welcome the co-operation of all patriotic citizens, with- out regard to previous political alhliatious. 1 872.— Democratic Platform, BuJtimore, July 9. We, the Democratic electors of the United States, in convention assembled, do present the following principles, already adopted at Cincinnati, as essential to just government: I Here followed the "Liberal Republican Platform ;" which see above.] 1872.— Republican Platform, Philadelphia, June 5. The -Republican party of the United States, assembled in national convention in the city of Philadelphia, on the 5th and (jth days of June, 1872, again declares its faith, appeals to its history, and announces its position upon the questions before the country ; 1. During eleven years of supremacy it has accepted, with grand courage, the sol- emn duties of the time. It suppressed a gigantic rebellion, emancipated four mil- lions of slaves, decreed the equal citizenship of all, and established universal suffrage. Exhibiting unparalleled magnanimity, it criminally punished no man for political offenses, and warmly welcomed all who proved their loyalty by obeying the laws and dealing justly with their neighbors. It has steadily decreased, with firm hand, the resultant disorders of a great war, and initiated a wise and humane policy toward the Indians. The Pacific railroad and similar vast enterprises have been gener- ously aided and successfully conducted, the public lands freely given to actual settlers, immigration protected and encouraged, and a full acknowledgment of the natural- ized citizen's rights secured from European powers. A uniform national currency has been provided, repudiation frowned tlown, the national credit sustained under the most extraordinary burdens, and new bonds negotiated at lower rates. The rev- enues have been carefully collected and honestly applied. Despite annual large reductions of the rates of taxation, tlie public debt has been reduced during Gen- eral Grant's presidency at tlie rate of a hundred millions a year, great financial 62 AMERICAN POLITICS. [book II. crises have been avoided, and peace and plenty prevail tbruughout the laud. Me- nacing foreign dithculties have been peace- fully and honorably compromised, and the honor and power of the nation kept in high respect throughout the world. This glorious record of the past is the party's best pledge for the future. "We believe the people will nut intrust the government to any party or combination of men composed chietly of those who have resisted ever)' step of this beneficent progress. 2. The recent amendments to the national constitution should be cordially sustained because they are right, not merely tolerated because they are law, and should be carried out according to their spirit by apjn'opriate legislation, the enforcement of which can safely be intrusted only to the party that secured those amendments. 3. Complete liberty and exact equality in the enjoyment of all civil, political, and public rights should be established and eriectually maintained throughout the Union by efficient and appropriate state and lederal legislation. Neither the law nor its administration should admit any discrimination in respect to citizens by reason of race, creed, color, or previous condition of servitude. 4. The national government should seek to maintain honorable peace with all na- tions, protecting its citizens ever^'where, and sympathizing Avith all jDeoples who strive for greater liberty. 5. Any system of civil service under which the subordinate positions of the government are considered rewards for mere party zeal is fatally demoralizing ; and we, therefore, favor a reform of the system, by laws which shall abolish the evils of jiatronage, and make honesty, efficiency, and fidelity the essential quali- fications for public positions, without prac- tically creating a life tenure of office. 6. We are opposed to further grants of the public lands to corporations and mo- nopolies, and demand that the national domain be set apart for free homes for the people. 7. The annual revenue, after paying cur- rent expenditures, pensions, and the inter- est on the j)ublic debt, should furnish a moderate balance for tlie reduction of the j>rincipal ; and that revenue, except so much as may be derived from a tax upon tobaeco and liquors, should l)e raised by duties upon importations, the details of which sliould I)e so adjusted as to aid in securing remunerative wages to labor, and promote the industries, prosperity, and growth of tlie whole country. 8. We liohl in undying honor the sol- diers and sailors whose valor saved tlie Union. Tlieir pensions are a saere, and the res- cue of our industries from ruin and disas- ter resulting from its enforcement; and we call upon all j)atriotic men to organize in every congressional district of the country, with a view of electing representatives to Congress who will carry out the wishes of the people in this regard and stop the present suicidal and destructive policy of contraction. Second. We believe that a United States note, issued directly by the government, and convertible, on demand, into United States obligations, bearing a rate of inter- est not exceeding one cent a day on each one hundred dollars, and exchangeable lor United States notes at par, will afford the best circulating medium ever devised. Such United States notes should be full legal tenders for all purposes, except for the payment of such obligations as are, by existing contracts, especially made paya- ble in coin ; and we hold that it is the duty of the government to provide such a circulating jnedium, and insist, in the language of Thomas Jefferson, that " bank paper must be suppressed, and the circu- lation restored to the nation, to whom it belongs." Third. It is the paramount duty of the government, in all its legislation, to keei> in view the full development of all legiti- mate business, agricultural, mining, manu- facturing, and commercial. Fourth. We most earnestly protest against any further issue of gold bonds for sale in foreign markets, by which we would be made, for a long period, "hewers of wood and drawers of water" to for- eigners, especially as the American ])eople would gladly and promptly take at par all 'bonds the government may need to sell, provided they are made payable at the op- tion of the holder, and bearing interest at 3.65 per cent, per annum or even a lower rate. Fifth. We further protest against the sale of government bonds for the ])urpose of purchasing silver to be used as a sub- stitute for our more convenient and less fluituatiug fractional currency, which, al- though well calculated to enrich owners of silver mines, yet in operation it will still further opjiress, in taxation, an already overburdened people. 187G.— Republican Platfomi, C'hiciniiati, Ohio, June 14. When, in the economy of Providence, this land was to be purged of human slavery, and when the strength of the g(jv- ernment of the people, by the peojjle, and for the people, was to be demonstrated, the Republican party came into power. Its deeds have passed into history, and we look back to them with pride. Incited by their memories to high aims for the good of our country and mankind, and looking to the future with unfaltering courage, hope, and ])urpose, we, the representatives of the party, in national convention as- sembled, make the following declaration of principles : 1. The United States of America is a nation, not a league. By the combined workings of the national and state govern- ments, under their respective constitu- tions, the rights of every citizen are se- cured, at home and abroad, and the com- mon welfare promoted. 2. The Republican party has preserved these governments to the hundredth anni- versary of the nation's birth, and they are now embodiments of the great truths spo- ken at its cradle — " That all men are cre- ated equal; that they are endowed by their Creator with certain inalienable rights, among whivh are life, liberty, and the pursuit of happiness; that for the at- tainment of these ends governments have been instituted among men, deriving their just powers from the consent of the gov- erned." Until these truths are cheerfully obeyed, or, if need be, vigorout^ly enforced, the work of the Republican party is un- finished. 3. The permanent pacification of the southern section of the Union, and the complete protection of all its citizens in the free enjoyment of all their rights, is a duty to which the Republican party stands sa- credly pledged. The power to provide for the enforcement of the principles embodied in the recent constitutional amendments is vested, by those amendments, in the Con- gress of the United States ; and we declare it to be the solemn obligation of the legis- lative and executive departments of the government to put into immediate and vigorous exercise all their constitutional powers for removing any just causes of discontent on the part of any class, and for securing to every American citizen complete liberty and exact equality in the exercise of all civil, political, and public rights. To this end we imi)eratively de- mand a Congress and a Chief Exeiutive whose courage and fidelity to these duties shall not falter until these results are placed bevoiid dispute or recall. 4. In the first act of Congress signed by President (Irant. the national government assumed to remove any doubt of ita pur- 66 AMERICAN POLITICS. [book II. pose to discharge all just obligations to the public creditors, and " solemnly pledged its faith to make provision at the earliest practicable period for the redemption of the United States notes in coin." Com- mercial prosperity', public morals, and na- tional credit demand that this promise be fulfilled by a continuous and steady pro- gress to specie payment. 5. Under the constitution, the President and heads of dejiartments are to make nominations for office, the Senate is to ad- vise and consent to appointments, and the House of Representatives is to accuse and prosecute faithless officers. The best in- terest of the public service demand that these distinctions be respected ; that Sena- tors and Representatives who may be judges and accusers should not dictate ap- pointments to office. The invariable rule in appointments should have reference to the honestj', fidelity, and capacity of the appointees, giving to the party in power those places where harmony and vigor of administration require its policy to be rep- resented, but permitting all others to be filled by persons selected with sole refer- ence to the efficiency of the public service, and the right of all citizens to share in the honor of rendering faithful service to the country. 6. We rejoice in the quickened con- science of the people concerning political affiiirs, and will hold all public officers to d rigid responsibility, and engage that the prosecution and i)unishment of all who be- tray official trusts shall be swift, thorough, ajod unsparing. 7. The public school system of the several states is the luilwark of the American Re- public ; and, with a view to its security and permanence, we recommend an amend- ment to the constitution of the United States, forl)idding the application of any public funds or property for the benefit of any schools or institutions under sectarian control. 8. The revenue necessary for current expenditures, and the obligations of the ])ulilic debt, must be largely derived from duties uj>ou importations, which, so far as possible, shouhl be adjusted to i)r()mote tlie interests of American labor and ad- vance the prosperity of the whole country. 9. We reaffirm our opposition to further grants of the jjublic laiuls to corporations and monopolies, and demand tliat tiie na- tional domain be devoted to free homes for the people. 10. It is the imperative duty of tlie gfiv- rrnment so to modify existing treaties with European governments, that the. same pro- tection shall be afl'orded to the adopted Ameriean citizen that is given to the na- tive-born ; and that all necessary laws bhould be passed to protect emigrants in the absence of power in the states for that purpose. 11. It is the immediate duty of Con- gress to fully investigate the effect of the immigration and importation of Mongo- lians upon the moral and material in- terests of the country. 12. The Republican party recognizes, with approval, the substantial advances recently made towards the establishment of equal rights for women by the many important amendments effected by Repub- lican legislatures in the laws which con- cern the personal and property relations of wives, mothers, and widows, and by the appointment and election of women to the superintendence of education, charities, and other public trusts. The honest de- mands of this class of citizens for addi- tional rights, privileges, and immunities, should be treated with respectful consider- ation. 13. The constitution confers upon Con- gress sovereign power over the territories of the United States for their government; and in the exercise of this power it is the right and duty of Congress to prohibit and extirpate, in the territories, that relic of barbarism — polygamy; and we demand such legislation as shall secure this end and the supremacy of American institu- tions in all the territories. 14. The pledges which the nation has given to her soldiers and sailors must be fulfilled, and a grateful people will alw^ays hold those who imperiled their lives for the country's preservation in the kindest rememl)rance. 15. ^V'e sincerely deprecate all sectional feeling and tendencies. We^ therefore, note with deep solicitude that the Demo- cratic party counts, as its chief hope of success, upon the electoral vote of a united south, secured through the efforts of those who were recently arrayed against the na- tion ; and we invoke the earnest attention of the country to the grave truth that a' success thus achieved would reojien sec- tional strife, and imperil national honor and human rights. 16. We charge the Democratic party with being the same in character and spirit as when it sympathized with treason ; with making its control of the House of Repre- sentatives the triuin{)li and opportunity of the nation's recent foes; with reasserting ami applauding, in the national capital, the scntiint'iits of unrepentant rebellion; with sending Union soldiers to the rear, and i)ronioting Confederate soldiers to the tront ; with (lelil)erately jiroposing to repu- diate the plifihted faith of the government; with being e(iually false and ind)ecile upon the overshadowing financial questions; with thwarting the ends of justice by its partisan mismanagement and obstruction of investigation; with proving itself BOOK II.] POLITICAL PLATFORMS. 57 throu2;h the period of its ascendency in tlie lower house of Congress, utterly in- competent to iuhninister tlie government ; and we warn the country against trusting a party thus alike unworthy, recreant, and incapable. 17. The national administration merits conimendatioii for its honorable work in the management of dome-^tic and foreign aflairs, and PresicU-nt (Jrant deserves the continued hearty gratitude of the Ameri- can people i'or his patriotism and his emi- nent services in war ami in peace. 18. We present, as our candidates for President and Vice-President of the United States, two distinguished statesmen, ol eminent ability and character, and con- spicuously fitted for those high offices, and we confidently api)eal to the American people to intrust the administration of their public aflairs to Rutherford 13. Hayes and William A. Wheeler. 1876.— Democratic Platform. St. Louis, Mo., June 27. We, the delegates of the Democratic party of the United States, in national con- vention assembled, do hereby declare the administration of the Federal government to be in urgent need of immediate reform ; do hereby enjoin ui)on the nominees of this convention, and of the Democratic party in each state, a zealous effort and co- operation to this end ; and do hereby ap- peal to our fellow-citizens of every former political connection to undertake, with us, this first and most pressing patriotic duty. For the Democracy of the whole coun- try, we do here reaffirm our faith in the per- manence of the Federal Union, our devo- tion to the constitution of the United States, with its amendments universally accepted as a final settlement of the controversies that engendered civil war, and do here re- cord our steadfast confidence in the per- petuity of republican self-government. In absolute acquiescence in the will of the majority — the vital principle of repub- lics; in tlic supremacy of the civil over the military authority ; in the total separation of church and state, for the sake alike of civil and religious freedom; in the equal- ity of all citizens before just laws of their own enactment ; in the liberty of indi- vidual conduct, unvexed by sumptuary laws; in the faithful education of the ris- ing generation, that they may preserve, enjoy, and transmit these best conditions of human happiness and hope — we behold the noblest products of a hundred years of changeful history ; but while upholding the bond of our Union and great charter of these our rights, it behooves a free peo- jile to practice also that eternal vigilance which is the price of liberty. Reform is necessary to rebuild and e,s- tablish in the hearts of the wliolo people the Union, eleven years ago happily res- cued from the danger of a secessicai of states, but nf>w to be saved from a corrupt centralism which, after iiiHicting upon ten states the rapacity of carpet-bag tyranny, has honey-combed the oliicesof the Federal government itself, with incapacity, waste, and fraud; infected states and municipali- ties with the contagion of misrule; and locked fast the prosperity of an industrious people in the paralysis of" hard times." Reform is necessary to estal)lish a sound currency, restore the public credit, and maintain the national honor. We denounce the failure, for all these eleven years of peace, to make good the promise of the legal tender notes, which are a changing standard of value in the hands of the people, and the non-jiayment of which is a disregard of the plighted faith of the nation. We denounce the improvidence which, in eleven years of peace, has taken from the people, in federal taxes, thirteen times the whole amount of the legal-tender notes, and squandered four times their sum in useless expense without accumulating any reserve for their redemption. We denounce the financial imbecility and immorality of that party which, dur- ing eleven years of peace, has made no ad- vance toward resumption, no iireparation for resumption, but, instead, has obstructed resumption, by wasting our resources and exhausting all our surplus income ; and, while annually professing to intend a speedy return to specie payments, has an- nually enacted fresh hinderances thereto. As such hinderance we denounce the re- sumjjtion clause of 1875, and we here de- mand its repeal. We demand a judicious system of prepa- ration, by jiublic economies, by official re- trenchments, and by Avise finance, which shall enable the nation soon to assure the whole world of its perfect ability and of its perfect readiness to meet any of its pro- mises at the call of the creditor entitled to ]iayment. We believe such a system, well devised, and, above all, intrusted to com- petent hands for execution, creating, at no time, an artificial scarcity of currency, and at no time alarming the pul)lic mind into a withdrawal of that vaster machinery of credit by which ninety-five per cent, of all business transactions are performed. A sj-stem open, public, and inspiring general confidence, would, from the day of its adoption, bring healing on its wings to all our hara.ssed industries — set in motion the wheels of commerce, manufactures, And the mechanic arts — restore employment to la- bor — and. renew, in all its natural sources, the prosperity of the ])eople. Reform is necessarv in the sum and 58 AMERICAN POLITICS. [book II. modes of federal taxation, to the end that capital may be set free from distrust and li;bor lightly burdened. We denounce the present tariff, levied upon nearly four thousand articles, as a masterpiece of injustice, inequality, and false pretence. It yields a dwindling, not a yearly rising, revenue. It has impover- ished many industries to subsidize a few. It prohibits imports that might purchase the products of American labor. It has degraded American commerce from the first to an inferior rank on the high seas. It hiis cut down the sales of American manufactures at home and abroad, and depicted the returns of American agri- culture — an industry followed by half our people. It costs the people five times more than it produces to the treasury, ob- structs the processes of production, and wastes the fruits of labor. It promotes fraud, fosters smuggling, enriches dis- honest ofiicials, and bankrupts honest merchants. We demand that all custom- house taxation shall be only for revenue. Reform is necessary in the scale of public expense — federal, state, and municipal. Our federal taxation has swollen from sixty millions gold, in 18(30, to four hundred and fifty millions currency, in 1870; our ag- gregate taxation I'rom one hundred and fifty- four millions gold, in 18(30, to seven hun- dred and thirty millions currency, in 1870 — or, in one decade, fi'om less than five dollars per head to more than eighteen doUars per head. Since the peace, the people have paid to their tax-gatherers more than thrice the sura of the national debt, and more than twice that sum for the Federal government alone. We demand a rigorous frugality in every department and from every officer of the government. Rei'orm is necessary to put a stop to the profligate waste of public lands, and their diversion from actual settlers, by the party in power, which has squandered 200,000,000 of acres upon railroads alone, and, out of more than thrice that aggregate, has dis- posed of less than a sixth directly to tillers of the soil. Reform is necessary to correct the omis- sion of a Republican Congress, and the errors of our treaties and our dij)lomacy which have Htri])perogressive civilization nor exercised in liberty under equal laws. We denounce the policy which thus discards the lil)erty- loving (icrinan and tolerates a revival of the coolie trade in Moiigoiiun women, im- ported for immoral puq^oses, and Mongolian men, held to perform servile labor contracts and demand such modification of the treaty with the Chinese Empire, or such legisla- tion within constitutional limitations, as shall prevent further importation or immi- I gration of the Mongolian race. Reform is necessary, and can never be I effected but by making it the controlling j issue of the elections, and lifting it above j the two false issues with which the oflfice- ; holding class and the party in power seek to smother it : 1. The false issue with which they would enkindle sectarian strife in respect to the public schools, of which the establishment and support belongs exclusively to the several states, and which the Democratic party has cherished from their foundation, and is resolved to maintain, without preju- dice or preference for any class, sect, or creed, and without largesses from the trea- sury to any. 2. The false issue by which they seek to light anew the dying embers of sectional hate between kindred peoples once estranged, but now reunited in one indivisible re- public and a common destiny. Reform is necessary in the civil service. Exjjerience 15 roves that efficient, economical conduct of the governmental business is not possible if its civil service be subject to change at every election, be a prize fought for at the ballot-box, be a brief re- ward of party zeal, instead of posts of honor assigned for proved competency, and held for fidelity in the public employ ; that the disi^ensing of patronage should neither be a tax upon the time of all our public men, nor the instrument of their ambition. Here, again, promises, falsified in the per- formance, attest that the party in power can work out no practical or salutary re- form. Reform is necessary, even more, in the higher grades of the public service. Presi- dent, Vice-President, Judges, Senators, llejiresentatives, Cabinet officers — these, and all others in authority — are the people's servants. Their offices are not a private perquisite ; they arc a public trust. When the annals of this Republic sliow the dis- grace and censure of a Vice-President ; a late Speaker of the House of Representa- tives marketing his rulings as a presiding (tfficer ; three Senators profiting secretly by their votes aa law-makers; five chairmen of the leading committees of the late Plouse of Representatives exposed in jobber}' ; a late Secretary of the Treasury forcing ba- lances in the public accounts; a late At- torney-General misappro])riating public funds; a Secretary of the Navy enriched, or enriching friends, by percentages levied ofl' the ))rofits of contractors with his de- I)artment ; an Ambassador to England con- cerned in a dishonorable speculation ; the BOOK II.] POLITICAL PLATFORMS. 59 President's private secretary barely escaj)- ing conviction upon trial for guilty compli- city in frauds uj)ou the revenue; ; a Secre- tary of War ini{)eached for high crinu's and misdemeanors — the demonstration is complete, that the first stej) in reform must be the jieople's choice of honest men from another [)arty, lest the disease of one poli- tical organization infect the body politic, and lest by making no change of men or parties we get no change of measures and no real reform. All these abuses, wrongs, and crimes — the j)roduct of sixteen years' ascendency of the Hopublican party — create a necessity for reform, confessed by the Republicans themselves ; but their reformers are voted down in convention and displaced from the cabinet. The party's mass of honest voters is powerless to resist the 80,000 olhce-hold- ers, its leaders and guides. Reform can only be had by a peaceful civic revolution. We demand a change of system, a change of administration, a change of parties, that we may have a change of measures and of men. Resolved, That this convention, repre- senting the Democratic party of the United States, do cordially indorse the action of the present House of Representatives, in re- ducing and curtailing the expenses of the Federal government, in cutting down sa- laries and extravagant appropriations, and in abolishing useless offices and places not required by the public necessities; and we shall trust to the firmness of the Democra- tic members of the House that no commit- tee of conference and no misinterpretation of the rules will be allowed to defeat these wholesome measures of economy demanded by the country. Resolved, That the soldiers and sailors of the Republic, and the widows and or- phans of those who have fallen in battle, have a just claim upon the care, protection, and gratitude of their fellow-citizens. 187S.— National Platform. Toledo, Ohio, February 22. Whereas, Throughout our entire country the value of real estate is depreciated, in- dustry paralyzed, trade depressed, business incomes and wages reduced, unparalleled distress inflicted upon the poorer and mid- dle ranks of our people, the "land filled with fraud, embezzlement, bankrui)tcy, crime, suffering, pauperism, and starvation ; and Whereas, This state of things has been brought about by legislation in the interest of, and dictated by, money-lenders, bankers and bondholders ; and Whereas, While we recognize the fact that the men in Congress connected with the old jjolitical parties have stood up man- fully for the rights of the people, and im-t the threats of the money power, and the ridicule of an ignorant and subsidized press, yet neither the Republican nor the Democratic parties, in their j)olicies, pro- pose remedies for the existing evils ; and Whereas, The Independent Greenback party, and other associations more or less effective, have been unable, hitherto, to make a formidable opi)osition to old party organizations; and Whereas, The limiting of the legal-tender quality of the greenbacks, the changing of currency bonds into coin bonds, the de- monetization of the silver dollar, the ex- empting of bonds from taxation, the con- traction of the circulating medium, the ])roposed forced resumption of si)ecie pay- ments, and the prodigal waste of the i)ublic lands, wei'e crimes against the peoi)le; and, as far as possible, the results of these cri- minal acts must be counteracted by judi- cious legislation : TJierefore, We assemble in national con- vention and make a declaration of our principles, and invite all patriotic citizens to unite in an effort to secure financial re- form and industrial emancipation. The organization shall be known as the "Na- tional Party," and under this name we will perfect, without delay, national, state, and local associations, to secure the election to office of such men only as will pledge themselves to do all in their power to es- tablish these principles: First. It is the exclusive function of the general government to coin and create money and regulate its value. All bank issues designed to circulate as money should be suppressed. The circulating medium, whether of metal or paper, shall be issued by the government, and made a full legal- tender for all debts, duties, and taxes in the United States, at its stamped value. Second. There shall be no privileged class of creditors. Official salaries, pensions, bonds, and all other debts and obligations, ])ublic and private, shall be discharged in the legal-tender money of the United States strictly according to the stipulations of the laws under which they were con- tracted. Third. The coinage of silver shall be placed on the same footing as that of gold. Fourth. Congress shall ]>rovide said money adequate to the full employment of labor, the equitable distribution of its ]iro- ducts, and the requirement of business, fixing a minimum amount jxr cajiita of the population as near as may be, and other- wise regulating its value by wise and equi- table provisions of law, so that the rate of interest will secure to labor its just reward. Fifth. It is inconsistent with the genius of popular government that any s/ecies of private property should be exempt from 60 AMERICAN POLITICS. [book II. bearing its proper share of the public burdens. Government bonds and money should be taxed precisely as other property, and a graduated income tax should be levied for the support of the government and the payment of its debts. Sixih. Public lands are the common property of the whole people, and should not be sold to speculators nor granted to railroads or other corporations, but should be donated to actual settlers, in limited quantities. Seventh. The government should, by gen- eral enactments, encourage the develop- ment of our agricultural, mineral, mecha- nical, mauutiicturing, and commercial re- sources, to the end that labor may be fully and profitably employed ; but no monopo- lies should be legalized. Eighth. All useless offices should be abol- ished, the most rigid economy favored in ever}' branch of the public service, and severe punishment inflicted upon public officers who betray the trusts reposed in them. iS'inth. As educated labor has devised moans for multiplying productions by in- ventions and discoveries, and as their use requires the exercise of mind as well as body, such legislation should be had that the number of hours of daily toil will be reduced, giving to the working classes more leisure for mental improvement and their several enjoyments, and saving them from premature decay and death. Tenth. The adoption of an American monetary system, as proposed herein, will harmonize all differences in regard to tariff and federal taxation, reduce and equlize the cost of trans]K>rtation by land and water, distril)ute e(]uitably the joint earn- ings of cai)ital and labor, secure to the producers of wealth the results of their labor and skill, and muster out of service the vast army of idlers, who, under the existing system, grow rich upon the earn- ings of others, that every man and woman may, by their own eflorts, secure a compe- tency, so tliat overgrown fortunes and ex- treme poverty will be seldom found within the limits of our rej)u])lic. Eleventh. Poth national and state govern- ments should establish bureaus of labor and industrial statistics, clothed with the power of gathering and publishing the same. Tvelfth, That the contract system of em- ploying labor in our prisons and reforma- t fruits of the costly victories which we have achieved, through immense difti- culties, should be ])reserved ; that the peace regained should be cherished; that the dissevereil Union, now happily restored, should be perpetuated, and that the lil)er- ties secured to this generation should be transmitted, undiminished, to future gene- rations; that the order established and the credit at'quired should never be impaired ; that the pensions promised should be paid ; that the debt so much reduced should be extinguished by the full payment of every dollar therenf:"that the reviving industries should be further promoted ; and that the 62 AMERICAN POLITICS. [book ii. commerce, already so great, should be steadily encouraged. 2. The constitution of the United States is a supreme law, and not a mere contract ; out of confederate states it made a sove- reign nation. Some powers are denied to the nation, while others are denied to states ; but the boundary between the pow- ers delegated and those reserved is to be determined by the national and not by the state tribTinals. 3. The work of popular education is one left to the care of the several states, but it is the duty of the national government to aid that work to the extent of its constitu- tional ability. The intelligence of the na- tion is but the aggregate of the intelligence in the several states ; and the destiny of the nation must be guided, not by the genius of any one state, but by the aver- age genius of all. 4. The constitution wisely forbids Con- gress to make any law respecting an es- tablishment of religion ; but it is idle to hope that the nation can be protected against the influences of sectarianism while each state is exposed to its domination. We, therefore, recommend that the constitution be so amended as to lay the same prohibi- tion upon the legislature of each state, to forijid the appropriation of public funds to the support of sectarian schools. 5. We reaffirm the belief, avowed in 1876, that the duties levied for the pur- pose of revenue should so discriminate as to favor American labor ; that no further grant of the public domain should be made to any railway or other corporation ; that slaveiy having perished in the states, its twin barbarity — polygamy — must die in the territories ; that everywhere the pro- tection accorded to citizens of American birth must be secured to citizens by Ameri- can adojition. That we esteem it the duty of Conjrress to develop and improve our water-courses and harbors, but insist that furdier subsidies to private persons or cor- porations must cease. That the obliga- tions of the republic to the men who pre- served its integrity in the day of battle are undiminished by the lajise of fifteen years since their final victor^' — to do them perpetual honor is, and shall forever be, the grateful privilege and sacred duty of the American people. 6. Since the authority to regulate immi- gration and intercourse between tlic United States and foreign nations rests with the Congress of the United States and its treaty-making pf)wers, the Kepnl)lican l)arty, regarding the unrestricted immigra- tion of the (!]iinese as an evil of great magnitude, invoke the exercise of that power to restrain and limit that immigra- tion ])y the enaetmentof such just, humane, and reasoiuible provisions as will produce that result. That the purity and patriotism which characterized the early career of Ruther- ford B. Hayes in peace and war, and which guided the thoughts of our immediate pre- decessors to select him for a presidential candidate, have continued to insi^ire him in his career as chief executive, and that history will accord to his administration the honors which are due to an efficient, just, and courteous discharge of the public business, and will honor his interposition between the people and proposed partisan laws. 8. "We charge upon the Democratic party the habitual sacrifice of patriotism and justice to a supreme and insatiable lust for office and patronage. That to obtain pos- session of the national and state govern- ments, and the control of place and position, they have obstructed all efforts to promote the purity and to conserve the freedom of suffi-age ; have devised fraudulent certifi- cations and returns ; have labored to un- seat lawfully-elected members of Congress, to secure, at all hazards, the vote of a ma- jority of the states in the House of Repre- sentatives ; have endeavored to occupy, by force and fraud the places of trust given to others by the people of Maine, and rescued by the courageous action of Maine's pa- triotic sons ; have, by methods vicious in principle and tyrannical in practice, at- tached partisan legislation to ajipropria- tion bills, upon whose passage the very movements of government depend ; have crushed the rights of the individual ; have advocated the principle and sought the favor of rebellion against the nation, and have endeavored to obliterate the sacred memories of the war, and to overcome its inestimably valuable results of nationality, personal freedom, and individual equality. Equal, steady, and complete enforcement of the laws, and protection of all our citizens in the enjoyment of all privileges and im- munities guaranteed by the constitution, are the first duties of the nation. The dan- ger of a solid south can only be averted by the faithful performance of every promise which the nation made to (he citi/en. The execution of the laws, and the ])unishment of all those who violate them, are the only safe methods by which an enduring peace can be secured, and genuine prosperity es- tablished throughout the south. What- ever promises the nation makes, the na- tion must jierform ; and the nation can not with safety relegate this duty to the states. The solid south must be divided by the l)eaceful agencies of the ballot, and all o))inions nuist (liere find free expression; and to this end honest voters must be pro- tected against terrorism, violence, or fraud. And we affirm it to be the duty and the j)urpose of the Rei)ublican party to use all legitimate means to restore all the states of this Union to the most perfect harmony BOOK II. J POLITICAL PLATFORMS. 63 which may be practicable ; and wc submit to Ihe i)racticul. sensible people oftlie United States to say whether it would not be dun- gei'ou-i to the dearest interests of our coun- try, at this time to surrender the adminis- tration of the national government to a ])arty which seeks to overthrow the exist- ing policy, under which we are so ])rosi)er- ous, and thus bring distrust and confusion where there is now order, confidence, and hope. 9. The Republican party, adhering to a principle aflirmed by its last national con- vention, of respect for the constitutional rule covering appointments to office, adopts the declaration of President Hayes, that the reform of the civil service should be thorough, radical, and comi)lete. To this end it demands the co-operation of the legislative with the executive department of the government, and that Congress shall so legislate that fitness, ascertained by proper. practical tests, shall admit to the public service ; and that the power of re- moval for cause, Avith due responsibility for the good conduct of subordinates, shall accompany the power of appointment. 1880.— National (Greenback) Platform, Chicago, Illinois, June 9. The civil government should guarantee the div ine right of every laborer to the re- sults of his toil, thus enabling the pro- ducers of wealth to provide themselves with the means for physical comfort, and facilities for mental, social, and moral cul- ture ; and we condemn, as unworthy of our civilization, the barbarism which imposes upon wealth-producers a state of drudgery as the price of a bare animal existence. Notwithstanding the enormous increase of productive ])ower by the universal intro- auction of labor-saving machinery and the discovery of new agents for the increase ol' wealth, the task of the laborer is scarcely lightened, the hours of toil are but little shortened, and few producers are lifted from poverty into comfort and pecuniary independence. The associated monopolies, the international syndicates, and other in- come classes demand dear money, cheap labor, and a strong government, and, hence, a weak people. Corporate control of the volume of money has been the means of dividing soeieiy into hostile classes, of an unjust distribution of the products of labor, and of building up monopolies of associated capital, endowed with ]iower tf) confiscate private proj)erty. It has kept money scarce ; and the scarcity of money enforces debt-trade, aiid public and cor- porate loans ; debt engenders usury, and usury ends in the bankruptcy of tlie bor- rower. Other results are — deranged mar- kets, uncertainty in manufacturing enter- prises and agriculture, precarious and intermittent employment for the laborer, industrial war, increasing pauperism and crime, and the consequent intimidation and disfranchisement of the producer, and a rapid declension into corporate feudalism. Therefore, we declare — First. That the right tn make and is.sue money is a sovereign power, to be main- tained by the people for their common benefit. The delegation of this right to corporations is a surrender of the central attribute of sovereignty, void of constitu- tional sanction, and conferring upon a sub- ordinate and irresi)onsible power an abso- lute dominion over industry and commerce. All money, whether metallic or j)aper, should be issued, and its volume controlled, by the government, and not by or through l)anking corporations ; and, when so issued, should be a full legal tender for all debts, i:)ublic and private. Second. That the bonds of the United States should not be refunded, but paid as rapidly as j^racticable, according to con- tract. To enable the government to meet these obligations, legal-tender currency should be substituted for the notes of the national banks, the national banking sys- tem abolished, and the unlimited coinage of silver, as w^ell as gold, established by law. Third. That labor should be so pro- tected by national and state authority as to equalize its burdens and insure a just dis- tribution of its results. The eight hour law of Congress should be enforced, the sanitary condition of industrial establish- ments placed under the rigid control, the competition of contract convict labor abol- ished, a bureau of labor statistics estab- lished, factories, mines, and workshops in- spected, the employment of children under fourteen years of age forbidden, and wages paid in cash. Fourth. Slavery being simply cheap labor, and cheap labor being simply sla- very, the importation and presence of Chinese serfs necessarily tends to brutalize and degrade American labor ; therefore, immediate steps should be taken to ab- rogate the Burlingame treaty. Fifth. Railroad land grants forfeited by reason of non-fulfillment of contract should be immediately reclaimed by the govern- ment, and, henceforth, the public donniiu reserved exclusively as homes for actual settlers. Sixth. It is the duty of Congress to reg- ulate inter-state commerce. All lines of communication and transportation sliould be brought under such legislative control as shall secure moderate, lair, and uniform rates for passenger and freight traffic. Sei-cnth. We denounce as destructive to property and dangerous t administration of the govern- ment as shall insure a genuine and lasting reform in every department of the public service. BOOK II.] POLITICAL PLATFORMS. 67 Virginia Republican. [Adopted August 11.] Whereas, It is proper that when the people assemble in convention they should avow distinctly the principles of govern- ment on which they stand ; now, therefore, be it, Resolved, That we, the Republicans of Virginia, hereby make a declaration of our allegiance and adhesion to the principles of the Republican party of the country, and our determination to stand squarely by the organization of the Republican party of Virginia, always defending it against the assaults of all persons or parties what- soever. Second. That amongst the principles of the Republican party none is of more vital importance to the welfare and interest of the country in all its parts than that which pertains to the sanctity of Government contracts. It therefore becomes the special duty and province of the Republican party of Virginia to guard and protect the credit of our time-honored State, which has been besmirched with repudiation, or received with distrust, by the gross mismanagement of various factions of the Democratic party, which have controlled the legisla- tion of the State. Third. That the Republican party of Virginia hereby j^ledges itself to redeem the State from the discredit that now hangs over her in regard to her just obligations for moneys loaned her for constructing her internal improvements and charitable in- stitutions, which, permeating every quarter of the State, bring benefits of far greater value than their cost to our whole people, and we in the most solemn form pledge the Republican party or" the State to the full payment of the Avhole debt of the State, less the one-third set aside as justly falling on West Virginia ; that the industries of the country should be fostered through pro- tective laws, so as to develop our own re- sources, employ our own labor, create a home market, enhance values, and promote the happiness and prosperity of the people. Fourth. That the public school system of Virginia is the creature of the Repub- lican party, and we demand that every dollar the Constitution dedicates to it shall be sacredly applied thereto as a means of educating the children of the State, with- out regard to condition or race. Fifth. That the elective franchise as an equal right should be based on manhood qualification, and that we favor the repeal of the requirements of the prepayment of the capitation tax as a prerequisite to the franchise as opposed to the Constitution of the United States, and in violation of the condition whereby the State was read- mitted Jis a member of our Constitutional Union, as well a? against the spirit of the Constitution ; but demand the imposition of the capitation tax as a source of revenue for the support of the public schools with- out its disfranchising efi'ects. Sixth. That we favor the repeal of the disqualification for the elective franchise by a conviction of petty larceny, and of the infamous laws which place it in the power of a single justice of the peace (oft- times being more corruj)t than the criminal before him) to disfranchise his fellow-man. Seventh. Finally, that we urge the repeal of the barbarous law permitting the im- position of stripes as degrading and inhu- man, contrary to the genius of a true and enlightened people, and a relic of bar- barism. [The Convention considered it inexpe- dient to nominate candidates for State officers.] Virginia Readjnster. [Adopted Jnne 2.] First. We recognize our obligation to support the institution for the deaf, dumb and blind, the lunatic asylum, the public free schools and the Government out of the revenues of the State ; and we depre- cate and denounce that policy of ring rule and subordinated sovereignty which for years borrowed money out of banks at high rates of interest for the discharge of these paramount trusts, w'hile our revenues were left the prey of commercial exchanges, available to the State only at the option of speculators and syndicates. Second. We reassert our purpose to settle and adjust our State obligations on the principles of the " Bill to re-establish pub- lic credit," known as the " Riddleberger bill," passed by the last General Assembly and vetoed by the Governor. We main- tain that this measure recognizes the just debt of Virginia, in this, that it assumes two-thirds of all the money Virginia bor- rowed, and sets aside the other third to West Virginia to be dealt with by her in her own way and at her own pleasure ; that it places those of her creditors who have received but 6 per cent, instalments of in- terest in nine years upon an exact equality with those who by corrupt agencies were enabled to absorb and monopolize our lAeans of payment ; that it agrees to pay such rate of interest on our securities as can with certainty be met out of the rev- enues of the State, and that it contains all the essential features of finality. Third. We reassert our adherence to the Constitutional requirements for the " equal and uniform" taxation of projierty, ex- empting none except that specified by the Constitution and used exclusively for " re- ligious, charitable and educational pur- poses." 68 AMERICAN POLITICS. [book n. Fourth,. We reassert that the paramount obligation of the various works of internal imi)rovement is to the people of the State, by whose authority they were created, by whose money they were constructed and by whose grace they live ; and it is enjoin- ed upon our representative and executive officers to enforce the discharge of that dutj' ; to insure to our people such rates, facilities and connections as will protect ei'ery industry and interest against dis- crimination, tend to the development of our agricultural and mineral resources, en- courage the investment of active capital in manufactures and the profitable employ- ment of labor in industrial enterprises, grasp for our city and our whole State those advantages to which by their geographical position they are entitled, and fulfil all the great public ends for which they were de- signed. Fifth. The Eeadjusters hold the right to a free ballot to be the right preservative of all rights, and that it should be maintained in every State in the Union. We believe the capitation tax restriction upon the suf- frage in Virginia to be in conflict with the XlVth Amendment to the Constitution of the United States. We believe that it is a violation of that condition of reconstruc- tion wherein the pledge was given not so to amend our State Constitution as to de- prive any citizen or class of citizens of a right to vote, except as punishment for such crimes as are felony at common law. We believe such a prerequisite to voting to be contrary to the genius of our institu- tions, the very foundation of which is re- presentation as antecedent to taxation. We know that it has been a failure as a measure for the collection of revenue, the pretended reason for its invention in 1876, and we know the base, demoralizing and dangerous uses to which it has been pros- tituted. We know it contributes to the increase of monopoly power, and to cor- rupting the voter. For these and other reasons we adhere to the purpose hitherto expressed to provide more effectual legisla- tion for the collection of this tax, dedicated by the Constitution to the public free schools, and to abolish it as a qualification for and restriction upon suffrage. Sixth. The Readjusters congratulate the whole people of Virginia on tlie jirogrcss of the last few years in developing mineral resources and promoting manufacturing cnteri)rises in the State, and they declare tlu'ir purpose to aid these great and grow- ing industries by all projxT and essential legislation, State and Federal. Totliisend they will continue their efforts in behalf of more cordial and fraternal relations be- tween the sections and States, and esjx'- cially for that concord and harmony which will make the country to know liow earn- estly and siucercly Virginia invites all men into her borders as visitors or to become citizens without fear of social or political ostracism ; that every man, from whatever section of country, shall enjoy the fullest freedom of thought, speech, politics and religion, and that the State which first formulated these principles as fundamental in free government is yet the citadel for their exercise and protection. Virginia Democratic. [Adopted Augitst 4.] The Conservative Democratic party of Virginia — Democratic in its Federal rela- tions and Conservative in its State policy — assembled in convention, in view of the present condition of the Union and of this Commonwealth, for the clear and distinct assertion of its political principles, doth declare that we adopt the following articles of political faith : Fi7~st. Equality of right and exact jus- tice to all men, special privileges to none ; freedom of religion, freedom of the press, and freedom of the person under the pro- tection of the habeas corjjus ; of trial by juries impartially selected, and of a pure, upright and non-partisan judiciary ; elec- tions by the people, free from force or fraud of citizens or of the military and civil of- ficers of Government ; and the selection for public offices of those who are honest and best fitted to fill them ; the support of the State governments in all their rights as the most comiietent administrations of our domestic concerns andthe surest bulwarks against anti-rejniblican tendencies ; and the preservation of the General Govern- ment in its whole constitutional vigor as the best sheet-anchor of our peace at home and our safety abroad. Second. That the maintenance of the public credit of Virginia is an essential means to the promotion of her prosperity. We condemn repudiation in every shape and form as a blot uj)on her honor, a blow at her permanent welfare, and an obstacle to her progress in wealth, influence and power ; and that we will make every eflbrt to secure a settlement of the public debt, with the consent of her creditoi-s, Avhich is consistent with her honor and dictated by justice and sound public policy ; that it is eminently desirable and proper that the several classes of the debt now existing should be unified, so that equality, which is equity, may control in the annual pay- ment of interest and the ultimate redemp- tion of princi])al ; that, with a view of se- curing such (Hpiality, we ])ledge our party to use all lawliil authority to secure a settle- ment of the State debt so that there shall be l)ut one class of the public debt; that we will use all lawful and constitutional means iu our power to secure a settlement BOOK 11.] POLITICAL PLATFORMS. of the State debt upon the basis of a 3 per cent, bond, and that the Conservative- Democratic party pledges itself, as a part of its policy, not to increase the present rate of taxation. Third. That we will Uphold, in its full constitutional integrity and efficiency, our public-school system for the education of both wliitc and colored children — a system inaugurated by the Constitution of the State and established l)y the action of the Conservative party years before it wa.s re- quired by the Constitution ; ami will take flie most effectual means for the faithful execution of the same by applying to its support all the reveiuies set apart for that object by the Constitution or otherwise. Fourth. Upon this declaration of prin- ciples we cordially invite the co-operation of^ all Conservative Democrats, whatever may have been or now are their views upon the public debt, in the election of the nominees of this Convention and in the maintenance of the supremacy of the Democratic party in this State. Resolved, further, That any intimation, coming from any q^uartcr, that the Con- servative-Democratic party of Virginia has been, is now, or proposes to be, opposed to an honest ballot and a fair count, is a calumny upon the State of Virginia as un- founded in fact as it is dishonorable to its authors. * That special efforts be made to foster and encourage the agricultural, mechanical, mining, manufacturing and other indus- trial interests of the State. That, in common with all good citizens of the Union, we reflect with deep abhor- rence upon the crime of the man who aimed a blow at the life of the eminent citizen who was called by the constitutional voice of fifty millions of people to be the President of the United States ; and we tender to him and to his friends the sym- pathy and respect of this Convention and of those we represent, in this great calam- ity, and our hearty desire for his complete restoration to health and return to the dis- charge of his important duties, for the wel- fare and honor of our common country. COMPARISON OF PLATFORM PLANKS ON GREAT POLITICAL QUESTIONS. General Party Doctrines. DEMOCRATIC. 1856— That the liberal principles embodied by Jeffer- son in the Declara- tion of Independ- ence, and sanctioned in the Constitution, which makes ours REPUBLICAN. 1856— That the maintenance of the ])rinciples promul- gated in the Decla- ration of Inde{)end- enee and embodied in the Federal Con- stitution, is essential DEMOCRATIC. tlie land of liberty and the asylum of the oppressed o f every nation, have ever been cardinal l)rinciples in the Democratic f a i t h ; and every attempt to abridge the present j)rivilege of becom- ing citizens and the owners of soil among us ought to be re- sisted with the same spirit which swept the alien and sedi- tion laws from our statute books. [Plank 8. 1860— Reaffirm- ed. 1864— 1868— 1872 — We recog- nize the equality of all men before the law, and hold that REPUBLICAN, to the preservation of our Republican institutions, and that the Federal Constitution, the rights of the States, and the union of the States shall be pre- served; that with our Republican iathers, we hold it to be a self-evident truth that all men are en- dowed with tiie in- alienable rights to life, liberty, and the pursuit o f happi- ness, and that the primary object and ulterior design of our Federal Govern- ment were to secure these rights to all persons within its exclusive jurisdic- tion. [Plank 1. 1860— That the maintenance of the principles promul- gated in the Decla- ration of Independ- ence and embodied in the Federal Con- stitution. "That all men are created equal ; that they are endowed by their Creator with certa'in inalienable rights ; that among these are life, liberty, and the pursuit of hap- piness ; that to se- c u r e these rights governments are in- stituted among men, deriving their just powers from the consent of the gov- erned," is essential to the preservation of our Republican institutions ; and that the Federal Constitution, the rights of the States, and the Union of the States must and shall be preserved. [Plank 2. 1864— 1868— 1872 — Complete liberty and exact equality in the en- joyment of all civil, 70 AMERICAN POLITICS. [book II, DEMOCRATIC. it is the duty of Gov- ernment in its deal- ings with the peo- ple to mete out equal and exact jus- tice to all, of what- ever nativity, race, color, or persuasion, religious or politi- cal. [Plank 1. 1876— 1880 — Opposi- tion to centraliza- tionism, and to tluit dangerous spirit of encroachment which tends to con- solidate the powers of all the depart- ments in one, and thus to create, what- ever be the form of Government, a real despotism. [Plank 2. REPUBLICAN. political and public rights should be es- tablished and etfec- tually maintained throughout the Un- ion by efficient and appropriate State and Federal Legis- lation. Neither the law nor its adminis- tration should ad- mit any discrimina- tion in respect of citizens by reasons of race, creed, color or previous condi- tion of servitude. [Plank 3. 1876— The United States of America is a Na tio n not a league. By the com- bined workings of the National and State Governments, under their respec- tive constitutions, the rights of every citizen are secured at home or abroad, and the common welfare promoted. 1880— r^e consti- tution of the United States is a supreme law and not a mere contract. Out of confederate States it made a sovereign nation. Some pow- ers are denied to the nation, while others are denied to the States, but the boundary between the powers dele- gated and those re- served is to be de- termined by the Na- tional, and not by the State tribunal. [Cheers.] [Plank 2. The Rebellion. DEMOCRATIC. 1WJ+— That this convention does ex- plicitly declare, as t li e sense of the A merican people, that after four years of failure to restore the Union by the ex- RKPUBLICAN. 1804— Til at it is the highest duty of every American cit- izen to maintain against all th e i r enemies the integ- rity of tli(^ Union and the paramount DEMOCRATIC. periment of war , during which, un- der tlie pretense of a military necessity or war-power higher than the Constitu- tion, tlie Constitu- tion itself has been disregarded in every part, and public lib- erty and private right alike trodden down, and the ma- terial prosperity of the country essen- tially impaired, jus- tice, humanity, lib- erty, and the public welfare demand that immediate efforts be made for a cessation of hostilities, with a view to the ultimate convention of the States, or other peaceable means, to the end that, at the earliest practi- cable moment peace may be restored on the basis of the Fed- eral Union of the States. [1st resolution. REPUBLICAN. authority of the Constitution and laws of the United States ; and that lay- ing aside all differ- e n c e s of political opinions, we pledge ourselves as Union men, animated by a common s e n t i- ment, and aiming at a common object, to d o everything i n our power to aid the- Government, in quelling by force of arms the rebellion now raging against its authority, and in bringing to the pun- j ishment due to their ; crimes the rebels * and traitors arrayed against it. That we approve the determination of the Government of the United States not to comj)romise with rebels, or to offer them any terms of peace, except such as may be based upon an un- conditional sur- render of their hos- tility and a return to their just allegi- ance to the Constitu- tion and laws of the United States; and that we call upon the Government to maintain this posi- tion and to prose- cute the war with the utmost possible vigor to the com- plete suppression of the rebellion, in full reliance upon the self-sacrificing pa- triotism, the heroic valor, and the un- dying devotion o f the American peo- ple to the country and its free institu- tions. 1 1st and 2d resolu- tions.] Home Kule. democratic:. REPUBLICAN. ],sr,G— That we 18.'36— * * • recognize the right The dearest consti- BOOK II.J POLITICAL PLATFORMS. 71 DEMOCRATIC, of the people in all the Territories, in- cluding Kansas and Nebraska, acting through the legally and i'airly expressed will of a majority of actual residents, and wherever the number of their in- habitants justifies it, to form a constitu- tion * * * and be admitted into the Union upon terms of perfect equality with the other States. REPUBLICAN, tutional r igh ts of the people of Kan- sas have been Iraud- ulently and violent- ly taken from them ; their territory has been invaded by an armed force; spur- ious and pretended legislative, judicial, and executive of- ficers have been set over them, l)y whose usurped authority, sustained by the military power of the Government, tyrannical and un- constitutional laws have been enacted and enforced ; the right of the people to keep and bear arms has been in- fringed ; test-oaths of an extraordinary and entangling na- ture have been im- posed as a condition of exercising the right of suffrage and holding ofSce ; the right of an ac- cused person to a speedy and public trial by an impartial jury has been de- nied ; the right of the people to be se- cure in their per- sons, houses, papers, and effects against u n r e a son able searches and seiz- ures, has been vio- lated ; they h a v e been deprived of life, liberty, and prop- erty without due process of law ; that the f r e e d o m of speech and of the press has been abridged; the right to choose their rep- resentatives has been made of no effect ; murders, rob- beries, and arsons have been instigated and encouraged, and the offenders have been allowed to go unpunished ; that all those things Lave been done DEMOCRATIC. I860— That when the settlers in a Ter- ritory, having an ad- equate population, form a State Consti- tution, the right of sovereignty com- mences, and, being consummated by ad- mission into the Un- ion, they stand on an equal footing with the people of other States; and the State thus organized ought to be admitted into the Federal Union, whether its consti- tution prohibits or recognizees the insti- tutionof slavery. [Plank 3, Breckin- ridge, Dem. 1864— 1868 — After the most solemn and unanimous pledge of both Houses of Con- gress to prosecute the war exclusively for the maintenance of the Government and the preservation of the Union under the t'onstitution, it [the Republican party] has repeatedly vio- EEPUBLICAX. with the knowledge, sanction, and pro- curement of the present Adminis- tration, and that for this high crime against the Consti- tution, the Union, and humanity, we arraign the Admin- istration, the Presi- dent, his advisers, agents, supporters, apologists, and ac- cessories, either be- fore or ajler the fact, before the country and before the world; and that it is our fixed purpose to bring the actual perpetrators of these atrocious outrages and their accom- plices to a sure and condign punish- ment. [Plank 3. I860 — That the maintenance invio- late of the rights of the States, and espe- cially the right of each State to order and control its own domestic institutions according to its own judgment exclusive- ly, is essential to that balance of power on which the perfection and endunmceof our political fabric de- pends; and we de- nounce the lawless inviusion by armed force of the soil of any State or Terri- tory, no matter un- der what pretext, as among the gravest of crimes, [Plank 4, 1864— 1868— We con- gratulate the coun- try on the a.ssurcd success of the recon- struction policy of Congress, as evinced by the adoption, in the majority of the States lately in re- bellion, of constitu- tions securing eipial civil and political rights to all ; and it 72 AMERICAN POLITICS. [book II. DEMOCRATIC. lated that most sa- cred pledge under which alone was ral- lied that noble vol- unteer army which carried our flag to victory. Instead of restoring the Union, it has, so fivr as in its power, dissolved it, and subjected ten States, in time of profound peace, to militiiry despotism and negro suprema- cy. It has nullified there the right of trial by jurj- ; it has abolished the habeas coi-pns, that most sa- cred writ of liberty ; it has overthrown the freedom of speech and the press; it has substituted arbitrary seizures and arrests, and military trials and secret star-cham- ber inquisitions for the constitutional tribunals ; it has disregarded in time of peace the right of the peo{)le to be free from searches and seizures ; it has en- tered the post and telegraph offices, and even the private rooms of individuals, and seized their pri- vate papers and let- ters without any spe- cific cliargc or notice of affidavit, as re- quired by the or- ganic law ; it has converted tlie Anier- can Capitol into a bastilc ; it has cstab- lislied a systlic employment; and the ofiices of the Government cease to be a matter of ar- bitrary fovoritism and patronage, and public station be- come again a post of honor. To this end it is imperative- n ly required that no if President shall be a candidate lor re- election. 1876 — Reform is necessarj^ in the civil service. Ex- perience that proves efficient, economical conduct of Govern- mental business is not possible if the civil service be sub- ject to change at every election, be a prize fought for at the ballot-box, be a brief reward of party zeal, instead of posts of honor assigned for proved competency, and held for fidelity in the public em- REPUBLICAN. 1872 — Any system of the civil service, under which the subordinate posi- tions of the Govern- ment are considered rewards for mere party zeal is fatally demoralizing, and we therefore favor a reform of the system by laws which shall abolish the evils of t)atronage and make lonesty, efficiency and fidelity the es- sential qualifications for public positions, without practically creating a life ten- ure of office. [Plank 5. 1876— Under the Constitu t i o n the President and heads of Departments are to make nomina- tions for office ; the Senate is to advise and consent to ap- pointments, and the House of Represen- tatives to accuse and prosecute faithless officers. The best interest of the pub- lic service demands that these distinc- tions be respected ; that Senators and Representa tives ^ DEMOCRATIC. ploy ; that the dis- pensing of patron- age should neither be a tax upon the time of all our pub- lic men, nor the in- strument of their ambition. 1880— * * Tho- rough reform in the civil service. REPUBMCAN. who may Ijc judges and accusers sliould not dictate appoint- ments to office. The invarialile rule in appointments should have refer- ence to tiie honesty, fidelity and ciipacity of the appointees, giving to the party in power those places where harmo- ny and vigor of ad- ministration require its policy to be re- presented, but per- mitting all others to be filled by persons selected with sole reference to the effi- ciency of the public service, and the right of all citizens to share in the honor of rendering faith- ful service to the country. [Plank 5. 1880 — The Re- Eublican party, ad- ering to the prin- ciples afiirmed by its last National Convention of re- spect for the Consti- tutional rules gov- erning appoint- ments to office, adopts the declara- tion of President Hayes, that the re- form of the civil ser- vice should be tho- rough, radical and complete. To this end it demands the co-operation of the legislative with the executive depart- ments of the Gov- ernment, and that Congress shall so legislate that fitness, ascertained by pro- per practical tests, shall admit to the public service. AMEEICAN POLITICS. BOOK III. GREAT SPEECHES ON GREAT ISSUES. 26 AMERICA]^ POLITICS. BOOK III. GEEAT SPEECHES ON" GREAT ISSUES. Speecli ot James Wilson, January, 1775, in the Convention for the Province of Peitnsj/lvania, IN VINDICATION OF THE COLONIES. "A most daring spirit of resistance and disobedience Btill prevails in MassachiiBetts, and has broken forth Id fresh violences of a criminal nature. The most proper and etlectual methods have been taken to pre- vent these mischiefs ; and the parlian*'nt may depend upon a firm resolution to withstand every attempt to weaken or impair tlie supreme authority of jiarlia- ment over all the dominions of the crown." — Speech of the King of Great Britain to Parliament, Nov., 1774. Mr. Chairman: — Whence, sir, pro- ceeds all the invidious and ill-grounded clamor against the colonists of America? Why arc they stigmatized in Britain as licentious and ungovernable? Why is their virtuous opposition to the illegal at- tcm2)ts of their governors, represented un- der the falsest colors, and placed in the most ungracious point of view? This opposition, when exhibited in its true liglit, and when viewed, with unjaundiced eyes, from a proper situation, and at a proper distance, stands confessed the lovely offspring of freedom. It breathes the spirit of its parent. Of this ethereal spirit, the whole conduct, and particularly the late conduct, of the colonists has shown them eminently possessed. It has animated and regulated every part of their proceedings. It has been recognized to be genuine, by all those symptoms and effects by which it has been distinguished in other ages and other countries. It has been calm and regular: it has not acted without occasion: it has not acted disproportionably to the occasion. As the attempts, open or secret, to undermine or to destroy it, have been repeated or enforced, in a just degree, its vigilance and its vigor have been exerted to defeat or to disappoint them. As its exertions have been sufficient for those purposes hitherto, let us hence draw a joy- ful prognostic, that they will continue suf- ficient for those purposes hereafter. It is not yet exhausted : it will still operate ir- resistibly whenever a necessary occasion shall call forth its strength. Permit me, sir, by appealing, in a few instances, to the spirit and conduct of the colonists, to evince that what I have said of them is just. Did they disclose any uneasiness at the proceedings and claims of the British parliament, before those claims and proceedings afforded a reason- able cause for it? Did they even dis- close any uneasiness, when a reasonable cause for it Avas first given ? Our rights were invaded by their regulations of our internal policy. We submitted to them : we were unwilling to oppose them. The spirit of liberty was slow to act. When those invasions were renewed ; when the efficacy and malignancy of them were at- tempted to be redoubled by the stamp act ; when chains were formed for us; and preparations were made for riveting them on our limbs, what measures did we pur- sue? The spirit of liberty found it neces- sary now to act ; but she acted with the calmness and decent dignity suited to her character. Were we rash or seditious? Did we discover want of loyalty to our sovereign ? Did we betray want of affec- tion to our brethren in Britain ? Let our dutiful and reverential petitions to the throne; let our respectful, though firm, remonstrances to the parliament; let our warm and affectionate addresses to our brethren and (we will still call them) our friends in Great Britain,— let all those, trans- mitted from every part of the continent, testif)' the truth. By their testimony let our conduct be tried. As our proceedings, during the exist- ence and operation of the stamp act, prove fully and incontestably the painful .>liniiig such a number of men as may be sulflciunt for tliat jmrpose." Mr. PRESIDENT: — No man thinks more highly than I do of the patriotism, as well as abilities, of the very worthy gentlemen who have just addressed the house. But different men often see the same subject in different lights ; and, therefore, I hope it will not be thought disrespectful to those gentlemen, if, entertaining, as I do, opinions of a character very opposite to theirs, I shall speak forth my sentiments freely and with- out reserve. This is no time for ceremony. The question before the house is one of aw- ful moment to this countrj'. For my own part, I consider it as nothing less than a question of freedom or slavery ; and in I)roportion to the magnitude of the subject ought to be the freedom of the debate. It is only in this way that we can hope to ar- rive at truth, and fulfil the great responsi- bility which we hold to God and our coun- try. Should I keep back my opinions at such a time, through fear of giving offence, I should consider myself as guilty of trea- son towards my country, and of an act of disloyalty towards the Majesty of Heaven, which I revere above all earthly kings. Mr. President, it is natural to man to indulge in the illusions of hope. We are apt to shut our eyes against a painful truth, and listen to the song of that siren, till he transforms us into beasts. Is this the part of wise men, engaged in a great and ardu- ous struggle for liberty ? Are we disposed to be of the number of those, who, having eyes, see not, and, having ears, hear not, the things which so nearly concern their tem- poral salvation? For my part, whatever anguish of spirit it may cost, I am willing to know the whole truth; to know the worst, and to provide for it. I have but one lamp by which my feet are guided ; and that is the lamp of expe- rience. I know' of no way of judging of the future but by the past. And judging by the past, I wish to know what there has been in the conduct of the British ministry for the last ten years, to justifj- those hopes with which gentlemen have been pleased to solace themselves and the house? Is it that insidious smile with which our petition has been lately received ? Trust it not, sir ; it will prove a snare to your feet. Suffer not yourselves to be betrayed with a kiss. Ask yourselves how this gracious reception of our petition comports with those warlike preparations which cover our waters and darken our land. Are fleets and armiee necessary to a work of love and reconcilia- tion ? Have we shown ourselves so un^ willing to be reconciled, that force must be 8 AMERICAN POLITICS. [book III. called in to mn back our love? Let us not deceive ourselves, sir. These are the implements of war and subjugation ; the last arguments to which kings resort. I ask gentlemen, sir, what means this mar- tial array, if its purpose be not to force us to submission ? Can gentlemen assign any other possible motive for it ? Has Great Britain any enemy, in this quarter of the world, to call for all this accumulation of navies and armies ? No, sir, she has none. They are meant for us : they can be meant for no other. They are sent over to bind and rivet upon us those chains, which the British ministry have been so long forging. And what have we to oppose to them? Shall we tr*' argument ? Sir, we have been trying that for the last ten years. Have we any thing new to offer upon the sub- ject? Nothing. We have held the subject up in every light of which it is capable ; but it has been all in vain. Shall we re- sort to entreaty and humble supplication ? AV^hat terms shall we find, which have not been already e, wlilch propoMod, "Thiit 111"' conimitti'i- nlmnlil riitlfv the cinslitulion, iind th;it wlmtH()cv(ir nmfnaris of the constitution, to the other states in the confederacy, for their consid- eration, previous to its ratification. The clerk then read the resolution, the de- claration of rights, and amendments, which were nearly the same as those ultimately proposed by the convention, for the con- sideration of congress. He then resumed the subject.] I have thus candidly sub- mitted to you, Mr. Chairman, and this conmiittee, what occurred to me as projier amendments to the constitution, and the de- claration of rights containing those funda- mental, inalienable privileges, which I conceive to be essential to liberty and hap- piness. I believe, that, on a review of these amendments, it will still be found, that the arm of power will be sufficiently strong for national purposes, when these restrictions shall be a part of the govern- ment. I believe no gentleman, who op- poses me in sentiments, will be able to dis- cover that any one feature of a strong government is altered ; and at the same time your inalienable rights are secured by them. The government unaltered may be tcrrilile to America, but can never be loved, till it be amended. You find all the resources of the continent may be drawn to a point. In danger, the presi- dent may concentre to a point every cfl'ort of the continent. If the government be constructed to satisfy the peojile and re- move their ajiprehensions, tiie wealth and strength of the continent will go where 12 AMERICAN POLITICS. [book III. public utility shall direct. This goveru- ment, with these restrictions, will be a, sti'ong government united with the priv- ileges of the people. In my weak judg- ment, a government is strong, when it ap- plies to the most important end of all gov- ernments — the rights and privileges of the people. In the honorable members pro- posal, jury trial, the press, and religion, and other essential rights, are not to be given up. Other essential rights — what are they ? The world will say, that you intended to give them up. When you go into an enumeration of your rights, and stop that enumeration, the inevitable con- clusion is, that what is omitted is intended to be surrendered. Anxious as I am to be as little trouble- some as posible, I cannot leave this part of the subject without adverting to one re- mark of the honorable gentleman. He says, that, rather than bring the union into danger, he will adopt it with its imperfec- tions. A great deal is said about disunion, and consequent dangers. I have no claim to a greater share of fortitude than others ; but I can see no kind of danger. I form my judgment on a single tact alone, that we are at peace with all the world ; nor is there any apparent cause of a rupture with any nation in the world. Is it among the American states that the cause of disunion is to be feared ? Are not the states using all their efforts for the promotion of union ? New England sacrifices local prejudices for the purposes of union. We hear the necessity of the union, and predilection for the union, re-echoed from all parts of the continent ; and all at once disunion is to follow! If gentlemen dread disunion, the very thing they advocate will inevitably produce it. A previous ratification will raise insurmountable obstacles to union. New York is an insurmountable obstacle to it, and North Carolina also. They will never accede to it till it be amended. A great part of Virginia is opposed, most de- cidedly, to it, as it stands. This very spirit which will govern us in these three states, will find a kindred spirit in the adopting states. Give me leave to say, that it is very problematical whether the adopting states can stand on their own legs. I hear only on one side, but as far as my in- formation goes, there are heart-burnings and animosities among theni. Will these animosities be cured by subsequent amend- ments ? Turn away from American, and consid- er European politics. The nations there, which can trouble us, are France, Eng- land, and Spain. Ikit at present we know for a certainty, that those nations are en- gaged in a very different pursuit from American con(iuc3ts. We are told by our intelligent ami)assador, that there is no such danger as has been apprehended. Give me leave then to say, that dangers from beyond the Atlantic are imaginary. From these premises, then, it may be con- eluded, that, from the creation of the world to this time, there never was a more fair and projjer opjjortunity than we have at this day to establish sueh a government as will permanently establish the most tran- scendent political felicity. Since the rev- olution there has not been so much ex- perience. Since then, the general interests of America have not been betterunderstood, nor the union more ardently loved, than at this present moment. I acknowledge the weakness of the old confederation. Eveiy man says, that something must be done. Where is the moment more favorable than this? During the war, when ten thous- and dangers surrounded us, America was magnanimous. What was thelaniruage of the little state of Maryland ? " I will have time to consider. I will hold out three years. Let what may come I will have time to reflect." Magnanimity appeared everywhere. What was the upshot? — America triumphed. Is there any thing to forbid us to offer these amendments to the other states? If this moment goes away unimproved, we shall never see its return. We now act under a happy system, which says, that a majority may alter the government when necessary. But by the paper proposed, a majority will forever en- deavor in vain to alter it. Three fourths may. Is not this the most promising time for securing the necessary alterations? Will you go into that government, where it is a principle, that a contemptible mino- rity may prevent an alteration? What will be the language of the majority? — Change the government — Nay, seven eighths of the people of America may wish the change ; but the minority may come with a Roman Vefo, and object to the alter- ation. The language of a magnanimous country and of freemen is. Till you remove the defects, Ave will not accede. It would be in vain for me to show, that there is no danger to prevent our obtaining those amendments, if you are not convinced al- ready. If the other states will not agree to them, it is not an inducement to union. The language of this paper is not dic- tatorial, but merely a proposition for amendments. The j)roposition of Virginia met with a favorable reception before. We i)roposed that convention which met at Annapolis. It was not called dictatorial. Wo ]>roposed that at Philadelphia. Was Virginia thought dictatorial? But Vir- ginia is now to lose her pre-eminence. Those rights of equality, to which the meanest individual in the community is (entitled, are to bring us down infinitely Ix'low the Delaware people. Have we not a right to say. Hear our propositions? Why, sir, your slaves have a right to make BOOK III.] JOHN RANDOLPH AGAINST A TARIFF. 13 their humble requests. Those who are in the meanest occuputioiis of human life, have a right to complain. What do we require? Not pre-eminence, but safety ; that our cit- izens may be able to sit down in peace and security under their own fig-trees. I am confident that sentiments like these will meet with unison in every state; for they will wish to banish discord from the American soil. I am certain that the warmest friend of the constitution wishes to have fewer enemies — fewer of those who j)ester and plague him with ojinosition. I could not withhold from my fellow-citizens anything so reasonable. I fear you will have no union, unless you remove the cause of opposition. Will you sit down contented with the name of union without any solid foundation ? Speech of Jobn Randolpli Against the TaHjr Bill, delivered in the Tlonse of Represent- atives of the United Stales, April 15, 1824. I AM, Mr. Speaker, practising no de- ception upon myself, much less upon the house, when I say, that if I had consulted my own feelings and inclinations, I should not have troubled the house, exhausted as it is, and as I am, with any further re- marks upon this subject. I come to the discharge of this task, not merely with re- luctance, but with disgust; jaded, worn down, abraded, I may say, as I am by long attendance upon this body, and con- tinued stretch of the attention upon this subject. I come to it, however, at the suggestion, and in pursuance of the wishes of those, whose wishes are to me, in all matters touching my public duty, para- mount law ; I speak with those reserva- tions, of course, which every moral agent must be supposed to make to himself. It was not more to my surj^rise, than to my disappointment, that on my return to the house, after a necessary absence of a few days, on indispensable business, I found it engaged in discussing the general principle ot the bill, when its details were under consideration. If I had expected such a turn in the debate, I would, at any private sacrifice, however great, have re- mained a spectator and auditnr'of that dis- cussion. With the exception of the speech, already published, of my worthy colleague on my right (Mr. P. P. Barbour), I have been nearly deprived of the benefit of the discussion which has taken place. Many weeks have been occupied with this bill (I hope the house will pardon me for saying so) before I took the slightest part in the deliberations of the details ; and I now sincerely regret that I had not firmness enough to adhere to the resolution which I had laid down to myself, in the early stage of the debate, not to take any part in the discussion of the details of the mea- sure. But, as I trust, what I now have to say upon this subject, although more and better things have been said by others, may not be the same that they have said, or may not be said in the same manner. I liere borrow the language of a man who lias been heretofore conspicuous in the councils of the country; of one who wa.s unrivalled for readiness and dexterity in debate ; wlio Avas long without an equal on the floor of this body ; who contributed as much to the revolution of 1801, as any man in this nation, and derived as little benefit from it ; as, to use the words of that celebrated man, what I have to say is not that which has been said by others, and will not be said in their manner, the house will, I trust, have patience with me during the time that my strength will allow me to occupy their attention. And I beg them to understand, that the notes which I hold in my hand are not the notes on which I mean to speak, but of what others have spoken, and from which I will make the smallest selection in my power. * * * * -if * * Sir, when are we to have enough of this tariff" question? In 1816 it was supposed to be settled. Only three years thereafter, another proposition for increa.sing it was sent from this house to the senate, baited with a tax of four cents per pound on brown sugar. It was fortunately rejected in that body. In what manner ikis Mil is baited, it does not become me to say ; but I have too distinct a recollection of the vote in committee of the whole, on the duty upon molasses, and afterwards of the vote in the house on the same question ; of the votes of more than one of the states on that question, not to mark it well. I do not say that the change of the vote on that question was affected by any man's voting against his own motion ; but I do not hesitate to say that it was effected by one man's electioneering against his own motion. I am very glad, Mr. Speaker, that old ]\Iassachusetts Bay, and the prov- ince of Maine and Sagadahock, by whom we stood in the days of the revolution, now stand by the south, and will not aid in fixing on us this sy.stem of taxation, com- l)ared Avith which the taxation of ;Mr. (Jrenvilleand Lord North was as nothing. I speak with knowledge of what I say, when I declare, that this bill is an attemjit to reduce the country, south of Mason and Dixon's line and east of the Alleghany mountains, to a state of worse than colonial bondage ; a state to which the domination of Great Britain was, in my judgment, far preferable; and I trust I shall always have the fearless integrity to utter any political sentiment which the head sanctions and the heart ratifies ; for the British parlia- 14 AMERICAN POLITICS. [book III. ment never would have dared to lay such duties on our imports, or their exports to us, either " at home " or here, as is now proposed to be laid upon the imports fi-om abroad. At that time we had the com- mand of the market of the vast dominions then subject, and we should have had those which have since been subjected, to the British empire ; we enjoyed a free trade eminently superior to any thing that we can enjoy, if this bill shall go into opera- tion. It is a sacrifice of the interests of a part of this nation to the ideal benefit of the rest. It marks us out as the victims of a worse than Egyptian bondage. It is a barter of so much of our rights, of so much of the fruits of our labor, for politi- cal power to be transferred to other hands. It ought to be met, and I trust it will be met, in the southern country, as was the stamp act, and by all those measures, which I will not detain the house by re- capitulating, which succeeded the stamp act, and produced the final breach with the mother country, which it took about ten years to bring about, as I trust, in my conscience, it will not take as long to bring about shnilar results from this measure, should it become a law. Sir, events now passing elsewhere, which plant a thorn in my pillow and a dagger in my heart, admonish me of the difficulty of governing with sobriety any people who are over head and ears in debt. That state of things begets a temper which sets at nought every thing like reason and com- mon sense. This country is unquestionably laboring under great distress ; but we can- not legislate it out of that distress. We may, by your legislation, reduce all the country south and east of Mason and Dixon's line, the whites as well as the blacks, to the condition of Helots : you can do no more. We have had placed be- fore us, in the course of this discussion, for- eign examples and authorities ; and among other things, we have been told, as an ar- gument in favor of this measure, of the prosj)erity of Great Britain. Have gentle- men taken into consideration the peculiar advantages of Great Britain? Have they taken into consideration that, not except- ing Mexico, and that fine country which lies between the Orinoco and Caribbean sea, England is decidedly superior, in point of physical advantages, to every country unner the sun? Tliis is unquestionably true. I will enumerate some of those ad- vantages. First, there is her climate. In England, such is the temperature of the air, that a man can there do more days' work in the year, and more hours' work in the day, than in any other (tliniate in the world; of course I include Scotland and Ireland in this dcscri[)tion. It is in such a climate only, that the human nniiiialcau bear without extirpation the corrupted air, the noisome exhalations, the incessant labor of these accursed manufactories. Yes, sir, accursed ; for I say it is an accurs- ed thing, which I will neither taste, nor touch, nor handle. If we were to act here on the English system, we should have the yellow fever at Philadelphia and New York, not in August merely, but from June to January, and from January to June. The climate of this country alone, were there no other natural obstacle to it, says aloud. You shall not manufacture ! Even our tobacco factories, admitted to be the most wholesome of any sort of factories, are known to be, where extensive, the very nidus (if I may use the expression) of yel- low fever and other fevers of similar type. In another of the advantages of Great Britain, so important to her prosperity, we are almost on a par with her, if we know how properly to use it. Fortunatos nimi- um sua si bona nuriat — for, as regards de- fence, we are, to all intents and purposes, almost as much an island as England her- self. But one of her insular advantages we can never acquire. Every part of that country is accessible from the sea. There, as you recede from the sea, you do not get further from the sea. I know that a great deal will be said of our majestic rivers, about the father of floods, and his tributary streams ; but, with the Ohio, frozen up all the winter and dry all the summer, with a long tortuous, difficult, and dangerous navi- gation thence to the ocean, the gentlemen of the west may rest assured that they will never derive one particle of advantage from even a total prohibition of foreign manu- factures. You may succeed in reducing us to your own level of misery ; but if we were to agree to become your slaves, you never can derive one farthing of advantage from this bill. What parts of this coun- try can derive any advantage from it? Those parts only, where there is a water power in immediate contact with naviga- tion, such as the vicinities of Boston, Pro- vidence, Baltimore, and Richmond. Pe- tersburg is the last of these as you travel south. You take a bag of cotton up the river to Pittsburg, or to Zanesville, to have it manufactured and sent down to New Orleans for a market, and before your bag of cotton has got to the place of manufac- ture, the manufacturer of Providence has received liis returns for the goods made from his bag of cotton purchased at the same time that you purchased yours. No, sir, gentlemen may as well insist that be- caus(^ the Chesapeake bay, viare nostrum, our Mediterranean sea, gives us every ad- vantage of navigation, we shall exclude from it every thing but steam-boats and those boats called w'-' c^oxv^, per emphasin, par excellence, Kentucky boats — a sort of huge s(|uar(', clumsy, wooden box. And why not insist upon it? Ilav'u't you " the BOOKiii.] JOHN RANDOLPH AGAINST A TARIFF. 15 power to REGULATE COMMERCE " ? Would not that too be a " recjulation of com- merce? " It would, indeed, and a pretty regulation it is; and so is this bill. Aud, sir, I marvel that the representation from the great commercial state of New York should be in favor of this bill. If opera- tive — and if inoperative why talk of it? — if operative, it must, like tlie embargo of 1807 — 1809, transfer no small portion of the wealth of the London of America, as New York has been called, to Quebec and Montreal. She will receive the most of her impdrts from abroad, down the river. I do not know any bill that could be better calculated for Vermont than this bill ; because, through Vermont, from Quebec, Montreal, and other positions on the St. Lawrence, we are, if it passes, unquestion- ably to receive our supplies of foreign goods. It will, no doubt, suit the Niagara frontier. But, sir, I must not suffer myself to be led too far astray from the topic of the pe- culiar advantages of England as a manu- facturing country. Her vast beds of coal are inexhaustible ; there are daily discov- eries of quantities of it, greater tlian ages past have yet consumed ; to which beds of coal her manufacturing establishments have been transferred, as any man may see ■who will compare the present population of her towns with what it was formerly. It is to these beds of coal that Birmingham, Manchester, Wolverhampton, Sheffield, Leeds, and other manufacturing towns, owe their growth. If you could destroy her coal in one day, you would cut at once the sinews of her power. Then, there are her metals, and particularly tin, of which slie has the exclusive monoj^oly. Tin, I know, is to be found in Japan, and perhaps elsewhere ; but, in practice, England has now the monopoly of that article. I might go further, and I might say, that England possesses an advantage, quoad hoc, in her institutions; for tJiei-e men are compelled to pay their debts. But here, men are not only not compelled to pay their debts, but they are protected in the refusal to pay them, in the scandalous evasion of their legal obligations ; and, after being convict- ed of embezzling the public money, and the money of others, ot which they were appointed guardians and trustees, they have the impudence to obtrude their un- blushing fronts into society, and elbow honest men out of their way. There, though all men are on a footing of equality on the high way, and in the courts of law, at will and at market, yet the castes in Hindoostan are not more distinctly separa- ted, one from the other, than tlie different classes of society are in England. It is true that it is practicable for a wealthy merchant or manufacturer, or his de- scendants, after having, through two or three generations, washed out, what is con- sidered the stain of their original occupa- tion, to emerge, by slow degrees, into tlio higher ranks of society; but this rarely happens. Can you find men of vast for- tune, in this country, content to move in the lower circles — content as the ox under the daily drudgery of the yoke ? It is true that, in England, some of these wealthy peo])le take it into their heads to buy .seats in parliament. But, when they get there, unless they j)ossess groat talents, they are mere nonentities ; tlieir existence is only to be found in the red book which contains a list of the members of parliament. Now, sir, I wish to know if, in the western coun- try, where any man may get beastly drunk for three pence sterling — in England, you cannot get a small wine-glass of spirits under twenty-five cents ; one such drink of grog as I aave seen swallowed in this country, would there cost a dollar — in the western country, where eveiy man can get as much meat and bread as he can consume, and yet spend the best part of his days, and nights too, pcrhai)s, on the tavern benches, or loitering at the cross roads asking the news, can you expect the people of such a coun- try, with countless millions of wild land and wild animals besides, can be cooped up in manufacturing establishments, and made to work sixteen hours a day, under the superintendence of a driver, yes, a driver, compared with whom a southern overseer is a gentleman aud man of refine- ment; for, if they do not work, these work people in the manufactories, they cannot eat ; and, among all the punishments that can be devised (put death even among the number), I defy you to get as much work out of a man by any of them, as when he knows that he must work before he can eat. ******* In the course of this discussion, I have heard, I will not say with surprise, because nil admiruri is my motto — no doctrine that can be broached on this floor, can ever, hereafter, excite surprise in my mind — I have heard the names of Say, Ganilh, Adam Smith, and Eicardo, pronounced not only in terms, but in a tone of sneering contempt, visionary theorists, destitute of practical wisdom, and the whole clan of Scotch and Quarterly Reviewers lugged in to boot. This, sir, is a sweeping clause of proscription. "With the names of Say, Smith, and Ganilh, I profess to be ac- quainted, for I, too, am versed in title- ])agcs ; but I did not expect to hear, in this house, a name, with which I am a little further acquainted, treated with so little ceremony ; and by whom ? I leave Adam Smith to the simplicity, the majesty, and strength of his own native genius, which has canonized his name — a name which will be pronounced with veneration, when 16 AMERICAN POLITICS. [book III. not one in this house will be remembered. But one word as to Ricardo, the last men- tioned of these writers — a new authority, though the grave has already closed upon him, and set its seal upon his reputation. I shall speak of him in the language of a man of as great a genius as this, or per- haps any, age has ever produced ; a man remarkable for the depth of his reflections and the acumen of his penetration. " I had been led," says this man, " to look into loads of books — my understanding had for too many years been intimate with severe thinkers,' with logic, and the great masters of knowledge, not to be aware of the utter feebleness of the herd of modern economists. I sometimes read chapters from more recent works, or part of parlia- mentary debates. I saw that these [omi- nous words I] were generally the very dregs and rinsings of the human intellect." [I am very glad, sir, he did not read our de- bates. What would he have said of ours ?] " At length a friend sent me Mr. Ricardo's book, ami, recurring to my own prophetic anticipation of the advent of some legisla- tor on this science, I said. Thou art the man. Wonder and curiosity had long been dead in me; yet I wondered once more. Had this profound work been really written in England during the 19th cen- tury? Could it be that an Englishman, and he not in academic bowers, but op- pressed by mercantile and senatorial cares, had accomplished what all the universities and a century of thought had failed to ad- vance by one hair's breadth ? All other writers had been crushed and overlaid by the enormous weight of facts and docu- ments : Mr. Ricardo had deduced, a priori, from the luiderstanding itself, laws which first gave a ray of light into the unwieldy chaos of materials, and had constructed what had been but a collection of tentative discussions, into a science of regular pro- portions, now iirst standing on an eternal basis." I pronounce no opinion of my own on Ricardo; I recur rather to the opinion of a man inferior, in point of original and na- tive genius, and that higlily cultivated, too, to none of tlio moderns, and few of the ancients. Upon this sul)jcct, what shall we say to the following iact? Butler, who is known to gontlenicn of the profes- sion of the law, as the annotator, with Hargravc, on lord Coke, speaking with Fox as to political economy — that most extraordinary man, unrivallcil for his pow- ers of debate, excelled by no man that ever livcil, or ]jrol)ably ever will live, as a ])ublic debater, and of* the deepest ])olitical erudition, fairly confessed that he had never read Adam Smith. Butler said to Mr. Fox, "that he had never read Adam Smith's work on the Wealth of Nations." "To tell y(ju the truth," replied Mr. Fox, " nor I neither. There is something in all these subjects that jjasses my comprehen- sion — something so wide that I could never embrace them myself, or find any one who did." And yet we see how we, with our little dividers, undertake to lay ofi" the scale, and with our pack-thread to take the soundings, and speak with a confidence peculiar to quacks (in which the regular- bred professor never indulges) on this ab- struse and perplexing subject. Confidence is one thing, knowledge another ; of the want of which, overweening confidence is notoriously the indication. What of that ? Let Ganilh, Say, Ricardo, Smith, all Greek and Roman fame be against us ; we appeal to Dionysius in support of our doctrines ; and to him, not on the throne of Syracuse, but at Corinth — not in absolute possession of the most wonderful and enigmatical city, as difficult to comprehend as the ab- strusest problem of political economy which furnished not only the means but the men for supporting the greatest wars — a king- dom within itself, under whose ascendant the genius of Athens, in her most high and palmy state, quailed, and stood re- buked. No ; we follow the pedagogue to the schools — dictating in the classic shades of Longwood — [lucus a nan lucendo) — ^to his disciples. * * * But it is said, a measure of this sort is necessary to create employment for the people. Why, sir, where are the handles of the plough ? Are they unfit for young gentlemen to touch ? Or will they rather choose to enter your military academies, where the sons of the rich are educated at the expense of the poor, and where so many political janissaries are every year turned out, always ready for war, and to support the powers that be — equal to the strelitzes of Moscow or St. Petersburg. I do not speak now of individuals, of course, but of the tendency of the system — the hounds follow the huntsman because he feeds them, and bears the whip, I speak of the system. I concur most heartily, sir, in the censure which has been passed upon the greediness of office, which stands a stigma on the pre- sent generation. Men from whom we might expect, and from whom I did expect, bet- ter things, crowd the ante-chamber of the l)alace, for every vacant office ; nay, even before men are dead, their shoes are wanted for some barefooted office-seeker. How mistaken was the old Roman, the old con- sul, who, wliilst he held the plough by one hand, and death held the other, exclaimed, " Diis itiiniorfdlihu.t scrol" Our fathers, how did they acquire their proi)erty? By straighti'orvvard industiy, rectitude, and frugality. How did they become dispossessed of their property ? By indulging in speculative hopes and designs; seeking the shadow whilst they lost the substance ; and now, instead of being, aa BOOKiii.] JOHN RANDOLPH AGAINST A TARIFF. 17 they were, men of respectability, men of substance, men capable and willing to live independently and honestly, and hospita- bly too — for who so parsimonious as the Erodigal who has nothing to give? — what avc we become? A nation of sharks, preying on one another through the instru- mentality of this paper system, which, if Lycurgus had known of it, he would un- questionably have adopted, in preference to his iron money, if his object had been to make the Spartans the most accom- j)lished knaves as well as to keep them poor. The manufacturer of the east may carry his woolens or his cottons, or his coffins, to what market he pleases — I do not buy of him. Self-defence is the first law of na- ture. You drive us into it. You create heats and animosities amon^ this great fa- mily, who ought to live like brothers ; and, after you have got this temper of mind roused among the southern people, do you expect to come among us to trade, and ex- pect us to buy your wares ? Sir, not only shall we not buy them, but we shall take such measures (I will not enter into the detail of them now) as shall render it im- possible for you to sell them. Whatever may be said here of the " misguided coun- sels," as they have been termed, " of the theorists of Virginia," they have, so far as regards this question, the confidence of united Virginia. We are asked — Does the south lose any thing by this bill — why do you cry out ? I put it, sir, to any man from any part of the country, from the gulf of Mexico, from the Balize, to the eastern shore of Maryland — which, I thank Hea- ven, is not yet under the government of Baltimore, and will not be, unless certain theories should come into })lay in that state, which we have lately heard of, and a majority of men, told by the head, should govern — whether the whole country be- tween the points I have named, is not una- nimous in opposition to this bill. Would it not be unexampled, that we should thus complain, protest, resist, and that all the while nothing should be the matter? Are our understandings (however low mine may be rated, much sounder than mine are engaged in this resistance), to be rated so low, aa that we are to be made to believe that we are children affrighted by a bug- bear? We are asked, however, why do you cry out? it is all for your good. Sir, this reminds me of the mistresses of George II., who, when they were insulted by the populaee on arriving in London (as all such creatures deserve to be, by every mob), put their heads out of the window, and said to them in their broken English, " Goot people, tee he come for your goots ;" to which one of the mob rejoined — " Yes, and for our chattels too, I fancy." Just so it is with the oppressive exactions proposed 26 and advocated by the supporters of this bill, on the plea of the go(jd of those who are its victims. * * * * I had more to say, Mr. Speaker, could I have said it, on this subject. But I cannot sit down without asking those, wlio were once my brethren of the church, tiie elders of the young family of this good old rej)ub- lic of the thirteen states, if thoy can con- sent to rivet upon us tliis system, from which no benefit can possibly result to themselves. I put it to them as descendants of the re- nowned colony of Virginia; as children sprung from her loins; if for the sake of all the benefits, with which this bill is pre- tended to be freighted to them, granting such to be the fact for argument's sake, they could consent to do such an act of violence to the unanimous opinion, feelings, preju- dices, if you will, of the whole Southern States, as to pass it? I go farther. I ask of them what is there in the condition of the nation at this time, that calls for the immediate adoption of this measure? Are the Gauls at the gate of the capitol? If they are, the cacklings of the Capitoline geese will hardly save it. What is there to induce us to plunge into the vortex of those evils so severely felt in Europe from this very manufacturing and paper policy? For it is evident that, if we go into this system of policy, we must adopt the Euro- pean institutions also. We have very good materials to work with; we have only to make our elective king president for life, in the first place, and then to make the succession hereditarj' in the family of the first that shall happen to have a promising son. For a king we can be at no loss — ex quovis ligno — any block will do for him. The senate may, perhaps, be transmuted into a house of peers, although we should meet with more difficulty than in the other case ; for Bonaparte himself was not more hardly put to it, to recruit the ranks of his mushroom nobility, than we should be to furnish a house of peers. As for us, we are the faithful commons, ready made to hand ; but with all our loyalty, I congratu- late the house — I congratulate the nation — that, although this body is daily degraded by the sight of members of Congress manu- factured into placemen, we have not yet reached such a point of degradation as to suffer executive minions to be manufac- tured into members of congress. We have shut that door; I wish we could shut the other also. I wish we could liave a per- petual call of the house in this view, and suffer no one to get out from its closed doors. The time is peculiarly inauspicious for the chanoje in our policy which ia j)ro- posed by this bill. We are on the eve of an election that promises to be the most distracted that this nation ha.s ever yet undergone. It may turn out to be a Polish election. At such a time, ought any 18 AMERICAN POLITICS. [book iir. measure to be brought forward which is supposed to be capable of being demon- strated to be extremely injurious to one great portion of this country, and benefi- cial in proportion to another? Sutficient for the day is the evil thereof There are firebrands enough in the land, without this apple of discord being cast into this assem- bly. Suppose this measure is not what it is represented to be ; that the fears of the south are altogether illusory and visionary ; that it will produce all the good predicted of it — an honorable gentleman from Ken- tucky said yesterday — and I was sorry to hear it, for I have great respect for that gentleman, and for other gentlemen from that state — that the question was not whether a bare majority should pass the bill, but whether the majority or the mi- nority should rule. The gentleman is wrong, and, if he will consider the matter rightly, he will see it. Is there no differ- ence between the patient and the actor? We are passive : we do not call them to act or to suffer, but we call upon them not so to act as that we must necessarily suffer; and I venture to say, that in any govern- ment, properly constituted, this very con- sideration would operate conclusively, that if the burden is to be laid on 102, it ought not to be laid by 105. We are the eel that is being flayed, while the cook-maid pats us on the head, and cries, with the clown in King Lear, " Down, wantons, do^m." There is but one portion of the country which can profit by this bill, and from that portion of the country comes this bare majority in favor of it. I bless God that Massachusetts and old Virginia are once again rallying under the same banner, against oppressive and unconstitutional taxation; for, if all the blood be drawn from out the body, I care not whether it be by the British parliament or the American congress ; by an emperor or a king abroad, or by a president at home. Under these views, and with feelings of mortification and shame at the very weak opposition I have been able to make to this bill, I entreat gentlemen to consent that it may lie over, at least, until the next ses- sion of congress. We have other busi- ness to attend to, and our families and affairs need our attention at home; and indeed I, sir, would not give one farthing for any man who prefers being here to being at home; who is a good public man and a had i)rivate one. With these views and feelings, I move you, sir, that the bill be indefiuitely postponed- Ed-ward Everett. The example of the Northern In the Southern Jiepublir* nf America The great triumphs of constitutional freedom, to which our independence haa fur- nished the example, have been witnessed in the southern portion of our hemisphere. Sunk to the last point of colonial degrada- tion, they have risen at once into the organization of three republics. Their struggle has been arduous ; and eighteen years of checkered fortune have not yet brought it to a close. But we must not infer, from their prolonged agitation, that their independence is uncertain ; that they have prematurely put on the toga virilis of freedom. They have not begun too soon ; they have more to do. Our war of inde- pendence was shorter ; — happily we were contending with a government, that could not, like that of Spain, pursue an inter- minable and hopeless contest, in defiance of the jjeople's will. Our transition to a mature and well adjusted constitution was more prompt than that of our sister repub- lics ; for the foundations had long been settled, the preparation long made. And when we consider that it is our example, which has aroused the spirit of indepen- dence firom California to Cape Horn ; that the experiment of liberty, if it had failed with us, most surely would not have been attempted by them; that even now our counsels and acts will operate as powerful precedents in this great family of republics, we learn the importance of the post which Providence has assigned us in the world. A wise and harmonious administration of the public affairs, — a faithful, liberal, and patriotic exercise of the private duties of the citizen, — while they secure our happi- ness at home, will diffuse a healthful in- fluence through the channels of national communication, and serve the cause of liberty beyond the Equator and the Andes. When we show a united, conciliatory, and imposing front to their rising states we show them, better than sounding eulogies can do, the true aspect of an independent republic; we give them a living example that the fireside policy of a people is like that of the individual man. As the one, commencing in the prudence, order, and industry of the private circle, extends itself to all the duties of social life, of the family, the neighborhood, the countrj' ; so the true domestic policy of the republic, beginning in the wise organization of its own institu- tions, pervades its territories with a vigilant, prudent, temperate administra- tion ; and extends the hand of cordial in- terest to all the friendly nations, especially to those Avhich are of the household of liberty. It is in this way that we are to fulfil our destiny in the world. The greatest engine of moral power, which human nature knows, is an organized, prosperous state. .Ml that man, in his individual capacity, can do — all that he can effect by hia fraternities — by his ingenious discoveries and wonders of art, — or by his influence BOOK III.] WEBSTER ON THE GREEK QUESTION. 19 over others — is as nothinj^, compared with the collective, perpetuated influence on human affairs and human happiness of a well constituted, powerful commonwealth. It blesses generations with its sweet influ- ence ; — even the barren earth seems to pour out its fruits under a system where nro- jierty is secure, while her fairest gardens are blighted by despotism ; — men, think- ing, reasoning men, abound beneath its benignant sway; — nature enters into a beautiful accord, a better, purer asienfo with man, and guides an industrious citizen to every rood of her smiling wastes; — and we see, at length, that what has been called a state of nature, has been most falsely, caluraniously so denominated ; that the na- ture of man is neither that of a savage, a hermit, nor a slave ; but that of a member of a well-ordered family, that of a good neighbor, a free citizen, a well informed, good man, acting with others like him. This is the lesson which is taught in the charter of our independence ; this is the lesson which our example is to teach the world. The epic poet of Rome — the faithful subject of an absolute prince — in unfold- ing the duties and destinies of his coun- trymen, bids them look down with disdain on the polished and intellectual arts of Greece, and deem their arts to be To rule tho nations with imperial sway ; To spare tlie tribes that yield ; fight down the proud ; And force the mood of peace upon the worid. A nobler counsel breathes from the char- ter of our independence ; a happier pro- vince belongs to our republic. Peace we would extend, but by persuasion and ex- ample, — the moral force, by which alone it can prevail among the nations. Wars we may encounter, but it is in the sacred character of the injured and the wronged ; to raise the trampled rights of humanity from the dust ; to rescue the mild form of liberty from her abode among the prisons and the scaflFolds of the elder world, and to seat her in the chair of state among her adoring children ; to give her beauty for ashes; a healthful action for her cruel agony ; to put at last a period to her war- fare on earth ; to tear her star-spangled banner from the perilous ridges of battle, and plant it on the rock of ages. There be it fixed for ever, — the power of a free people slumbering in its folds, their peace reposing in its shade ! Close of the Speech of Daniel Webster On the Greek question, in the HouJie of Repreientative* of the United Statet, January, 1824. The house had gone into committee of the whole, Mr. Taylor in the chair, on the resolution offered by Mr. Webster, which is in the words following: " Besolved, That provision ought to be made by law for defraying the expense incident to the appointment of an agriit, or comraiHsioncr, to Greece, wlicmver IIm' i'lwi- dc^nt tiliall deem it expedient to make micli apijoiutiiicut." Mr. Chairman, — It may be a.sked, will this resolution do the Greeks any good? Ye.s, it will do them much good. It will give them courage and spirit, which is better than money. It will a.ssure them of the public sympathy, and will in.spire them with fresh constancy. It will teach them that they are not forgotten by the civilized world, and to hope one day to oc- cupy, in that world, an iionorable station. A farther question remains. Is this measure pacific? It has no other charac- ter. It simi)ly prf)poses to make a pecuni- ary provision for a mission, when tne pre- sident shall deem such mission expedient. It is a mere reciprocation to the sentiments of his message ; it imposes upon him no new duty ; it gives him no new power ; it does not hasten or urge him forward ; it simply provides, in an open and avowed manner, the means of doing, what would else be done out of the contingent fund. It leaves him at the most perfect liberty, and it reposes the whole matter in his sole discretion. He might do it without this resolution, as he did in the case of South America, — but it merely answers the query, whether on so great and interesting a ques- tion as the condition of the Greeks, this house holds no opinion which is worth ex- pressing ? But, suppose a commissioner is sent, the measure is pacific still. Where is the breach of neutrality? Where a just cause of offence? And besides, Mr. Chair- man, is all the danger in this matter on one side? may we not inquire, whose fleets cover the Archipelago ? may we not ask, what would be the result to our trade should Smyrna be blockaded? A com- missioner could at least procure for us what we do not now possess — that is, au- thentic information of the true state of things. The document on your table ex- hibits a meagre appearance on this point — what does it contain? Letters of Mr. Luriottis and paragraphs from a French paper. My personal opinion is, that an agent ought immediately to be sent ; but the resolution I have offered by no means goes so far. Do gentlemen fear the result of this re- solution in embroiling us with the Porte? Why, sir, how much is it ahead of the whole nation, or rather let me ask how much is the nation ahead of it? Is not this whole people already in a state of open and avowed excitement on this sub- ject? Does not the land ring from side to side with one common sentiment of sym- Eathy for Greece, and indignation toward er oppressors? nay, more, sir — are we not giving money to this cause? More still, sir — is not the secretary of state in open correspondence with the president of the Greek committee in London ? The nation 20 AMERICAN POLITICS. [book III. has gone as far as it can go, short of an offi- cial act of hostility. This resolution adds nothing beyond what is already done — nor can any of the European governments take offence at such a measure. But if they would, should we be withheld from an honest expression of liberal feelings in the cause of freedom, for fear of giving umbrage to some member of the holy alliance? We are not, surely, yet pre- pared to purchase their smiles by a sacri- fice of every manly principle. Dare any Christian prince even ask us not to sym- pathize with a Christian nation struggling against Tartar tyranny ? We do not inter- fere — we break no engagements — we violate no treaties ; with the Porte we have none. Mr. Chairman, there are some things which, to be well done, must be promptly done. If we even determine to do the thing that is now proposed, we may do it too late. Sir, I am not of those who are for withholding aid when it is most ur- gently needed, and when the stress is past, and the aid no longer necessary, over- whelming the suSerers with caresses. I will not stand by and see my fellow man drowning without stretching out a hand to help him, till he has by his own efforts and presence of mind reached the shore in safety, and then encumber him with aid. With suffering Greece now is the crisis of her fate, — her great, it may be, her last struggle. Sir, while we sit here deliberat- ing, her destiny may be decided. The Greeks, contending with ruthless oppres- sors, turn their eyes to us, and invoke us by their ancestors, slaughtered wives and children, by their own blood, poured out like water, by the hecatombs of dead they have heaped up as it were to heaven, they invoke, they implore us for some cheering sound, some look of sympathy, some token of compassionate regard. They look to us as the great republic of the earth — and they ask us by our common faith, whetlier we can forget that they are struggling, as we once struggled, for what we now so happily enjoy ? I cannot say, sir, that they will succeed ; that rests with heaven. But for myself, sir, if I should to-morrow hear that they have failed — that their last pha- lanx hud sunk beneath the Turkish cime- ter, that the flames of their last city had sunk in its a.shes, and that naught remained but the wide melancholy waste where Greece once was, I should still reflect, with the most heartfelt satisfaction, that I have asked you in the name of seven millions of freemen, that you would give them at lea.st the cheering of one friendly voice. John Randolplt on tlie other aide of Hame <4n«^iition. Mr. CnAiRMAN, — It is with serious con- cern and alarm, that I have heard doc- trines broached in this debate, fraught with consequences more disastrous to the best interests of this people than any that I have ever heard advanced during the five-and-twenty years that I have been honored with a seat on this floor. They imply, to my apprehension, a total and fundamental change of the policy pursued by this government, ab urbe condita — from the foundation of the republic, to the present day. Are we, sir, to go on a cru- sade, in another hemisphere, for the pro- pagation of two objects — objects as dear and delightful to my heart as to that of any gentleman in this, or in any other as- sembly — liberty and religion — and, in the name of these holy words — by this power- ful spell, is this nation to be conjured and persuaded out of the highway of heaven — out of its present comparatively happy state, into all the disastrous conflicts aris- ing from the policy of European powers, with all the consequences which flow from them? Liberty and religion, sir ! I believe that nothing similar to this proposition is to be found in modern history, unless in the famous decree of the French national as- sembly, which brought combined Europe against them, with its united strength, and, after repeated struggles, finally effect- ed the downfall of the French power. Sir, I am wrong — there is another example of like doctrine ; and you find it among that strange and peculiar people — in that mys- terious book, which is of the highest au- thority with them, (for it is at once their gospel and their law,) the Koran, which enjoins it to be the duty of all good Mos- lems to propagate its doctrines at the point of the sword — by the edge of the cimeter. The character of that people is a peculiar one : they differ from every other race. It has been said, here, that it is four hundred years since they encamped in Europe. Sir, they were encamped, on the spot where we now find them, before this country was discovered, and their title to the country which they occupy is at least as good as ours. They hold their possessions there by the same title by which all other coun- tries are held — possession, obtained at first by a successful employment of force, con- firmed by time, usage, prescription — the best of all possible titles. Their })olicy has been not tortuous, like that of other states of Europe, but straightforward : they had invariably appealed to the sword, and they held by the sword. The Russ had, indeed, made great encroachments on their emnire, but the ground had been contested incn by inch ; and the acquisitions of Russia on the side of Christian Europe — Livonia, Ingria,Courland — Finland, to the Gulf of Bothnia — Poland ! — had been greater than that of the Mahometans. And, in consequence of this straightfor- BOOK III.J HAYNE AGAINST A TARIFF. 21 ward policy to which T before referred, this peculiar people could boast of being the only one of the continental Europe, whose capital had never been insulted by the presence of a foreign military force. It was a curious fact, well worthy of atten- tion, that Constantinople was the only capital in continental Europe — for Moscow was the true capital of Russia — that had never been in possession of an enemy. It is, indeed, true, that the Empress Catharine did inscribe over the gate of one of the cities that she had won in the Krimea, (Cherson, I think,) "the road to Byzan- tium ;" but, sir, it has proved — perhaps too low a word for the subject — but a istumpy road for Russia. Who, at that day, would have been believed, had he foretold to that august (for so she was) and illustrious woman that her Cossacks of the Ukraine, and of the Don, would have encamped in Paris before they reached Constantinople? Who would have been believed, if he had foretold that a French invading force — such as the world never saw before, and, I trust, will never again see — would lay Moscow itself in ashes? These are con- siderations worthy of attention, before we embark in the project proposed by this resolution, the consequences of which no human eye can divine. I would respectfully ask the gentleman from Massachusetts, whether in his very able and masterly argument — and he has said all that could be said upon the sub- ject, and more than I supposed could be said by any man in favor of his resolution — whether he himself has not furnished an answer to his speech — I had not the happi- ness myself to hear his speech, but a friend has read it to me. In one of the argu- ments in that speech, toward the conclu- sion, I think, of his speech, the gentleman lays down, from Pufl'endorf, in reference to the honeyed words and pious profes- sions of the holy alliance, that these arc all surplusage, because nations are always supposed to be ready to do what justice and national law require. Well, sir, if this be so, why may not the Greeks pre- sume — why are they not, on this principle, bound to presume, that this government is disposed to do all, in reference to them, that they ought to do, without any formal resolutions to that eftect ? I ask the gen- tleman from Massachusetts, whether the doctrine of Puffendorf does not apply as strongly to the resolution as to the declara- tion of the allies — that is, if the resolution of the gentleman be indeed that ahnost nothing he would have us suppose, if there be not something behind this nothing which divides this house (not horizontaJhj, as the gentleman has ludicrously said — but verticdUy) into two unequal parties, one the advociite of a splendid system of cru- sades, the other the friends of peace and harmony ; the advocates of a fireside pol- io/ — for, as had been truly said, as long as all is right at the fireside, there cannot be much wrong elsewhere — whether, I repeat, docs not the doctrine of Putiendorf aj)ply as well to the words of the resolution ua to the words of the holy alliance? But, sir, we have already done more than this. The president of the United .States, the only organ of communication which the people have seen fit to establish be- tween us and foreign powers, has already expressed all, in reference to Greece, that the resolution goes to express actum est — it is done — it is finished — there is an end. Not, that I would have the house to infer, that I mean to express any opinion as to the policy of such a declaration — the practice of responding to presidential addresses and messages had gone out for, now, these two or three-and-twenty years. E^xtract from Mr. Hayne's Speecb against tlic Tariff BUI, In Congress, Jatiuary, 1832. Mr. President, — The plain and seem- ingly obvious truth, that in a fair and equal exchange of commodities all parties gained, is a noble discovery of modern times. The contrary principle naturally led to com- mercial rivalries, wars, and abuses of all sorts. The benefits of commerce being re- garded as a stake to be won, or an advan- tage to be wrested from others by fraud or by force, governments naturally strove to se- cure them to their own subjects; and when they once set out in this wrong direction, it was quite natural that they should not stop short till they ended in binding, in the bonds of restriction, not only the Avhole countrj', but all of its parts. Thus we are told that England first protected by her restrictive policy, her whole empire against all the world, then Great Britain against the colonies, then the British islands against each other, and ended by vainly attempting to protect all the great interests and employment of the state by balancing them against eachother. Sir, such a system, carried fully out, is not confined to rival na- tions, but protects one towai against another, considers villages, and even families as rivals ; and cannot stop short of " Robin- son Crusoe in his goat skins." It takes but one step further to make every man liis own lawyer, doctor, farmer, and shoe- maker — and^ if I may be allowed an Irish- ism, his own seamstress and washerwoman. The doctrine of free trade, on the contrar^•, is fimnded on the true social system. It looks on all mankind as children of a com- mon parent— and the great family of na- tions as linked together by mutual interests. Sir, as there is a religion, so I believe tlure is a politics of nature. Cast your eyes over 22 AMERICAN POLITICS. [book nr. this various earth — see its surface diversi- fied by hills and valleys, rocks, and fertile fields. Notice its diflerent productions — its infinite varieties of soil and climate. See the mighty rivers winding their way to the very mountain's base, and thence guiding man to the vast ocean, dividing, yet con- necting nations. Can any man who con- siders these things with the eye of a philo- sopher, not read the design of the great Creator (written legibly in his works) that his children should be drawn together in a free commercial intercourse, and mutual exchanges of the various gifts with which a bountiful Providence has blessed them. Commerce, sir, restricted even as she has been, has been the great source of civiliza- tion and refinement all over the world. Next to the Christian religion, I consider fi-ee trade in its largest sense as the greatest blessing that can be conferred upon any people. Hear, sir, what Patrick Henry, the great orator of Virginia, whose squI was the very temple of freedom, says on this subject : — " Why should we fetter commerce? If a man is in chains, he droops and bows to the earth, because his spirits are broken, but let him twist the fetters from his legs, and he will stand erect. Fetter not com- merce ! Let her be as free as the air. She will range the whole creation, and return on the four winds of heaven to bless the land with plenty." But, it has been said, that free trade would do very well, if all nations would adopt it; but as it is, every nation must protect itself from the effect of restrictions by countervailing measures. I am per- suaded, sir, that this is a great, a most fatal error. If retaliation is resorted to for the honest purpose of producing a redress of the grievance, and while adhered to no longer than there is a hope of success, it may, like war itself, be sometimes just and necessary. But if it have no such object, " it is the unprofitable combat of seeing which can do the other the most harm." The case can hardly be conceived in which permanent restrictions, as a measure of re- taliation, could be profitable. In every possible situation, a trade, whether more or less restricted, is profitable, or it is not. This can only be decided by experience, and if the trade be left to regulate itself, water would not more naturally seek its level, than the intercourse adjust itself to the true interest of the parties. Sir, as to this idea of the regulation by government of the pursuits of men, I consider it a.s a remnant of barbarism disgraceful to an en- lightened age, and inconsistent with tlic first principles of rational lil)erty. I hold government to be utterly incapable, from its position, of exercising sucii a {xtwcr wisely, prudently, or justly. Are the rulers of the world the depositaries of its collected wisdom ? Sir, can we forget the advice of a great statesman to his son — " Go, see the world, my sou, that you may learn with how little wisdom mankind is governed." And is our own government an exception to this rule, or do we not find here, as every where else, that " Man, proud man, Robed in a little brief authority, Plays such fantastic tricks before high heaven, Ab make the angels weep ?" The gentleman has appealed to the ex- ample of other nations. Sir, they are all against him. They have had restrictions enough, to be sure; but they are getting heartily sick of them, and in England, par- ticularly, would willingly get rid of them if they could. We have been assured, by the declaration of a minister of the crown, from his place in parliament, " that there is a growing conviction, among all men of sense and reflection in that country, that the true policy of all nations is to be found in unrestricted industry. Sir, in England they are now retracing their steps, and en- deavoring to relieve themselves of the system as fast as they can. Within a few years past, upwards of three hundred sta- tutes, imposing restrictions in that coun- try, have been repealed ; and a case has recently occurred there, which seems to leave no doubt that, if Great Britain has grown great, it is, as Mr. Huskisson has declared, " not in consequence of, but in spite of their restrictions." The silk manu- facture, protected by enormous bounties, was found to be in such a declining condi- tion, that the government was obliged to do something to save it from total ruin. And what did they do? They consider- ably reduced the duty on foreign silks, both on the raw material and the manu- factured article. The consequence was the immediate revival of the silk manufac- ture, which has since been nearly doubled. Sir, the experience of France is equally decisive. Bonaparte's effort to introduce cotton and sugar has cost that country millions ; and, but the other day, a foolish attempt to protect the iron mines spread devastation through half of France, and nearly ruined the wine trade, on which one fifth of her citizens depend for subsistence. As to Spain, unhapjiy Spain, " fenced round with restrictions," her experience, one would suppose, would convince us, if anything could, that the protecting system in politics, like bigotry in religion, was ut- terly at war witli sound principles and a liberal and enlightened policy. Sir, I say, in the words of the philosoi)hical statesnum of England, " leave a generous nation free to seek their own road to perfection." Thank God, the night is passing away, and wo, have lived to seethe dawn of a glorious day. The cause of free trade must and will prosper, and finally triumph. The politi- BOOK III.] CLAY ON HIS LAND BILL. 23 cal economist is abroad ; light has come into the world ; and, in this instance at least, men will not " prefer darkness rather than light." Sir, let it not be said, in after times, that the statesmen of America were behind the age in which they lived — tiiat they initiated this young and vigorous country into the enervating and corruj)t- ing ])ractices of European nations — and liiat, at the moment when the whole world were looking to us for an example, we ar- rayed ourselves in the ca«t-olf follies and exploded errors of the old world, and, by the introduction of a vile system of artifi- cial stimulants and political gambling, im- paired the healthful vigor of the body })olitic, and brought on a decrepitude and premature dissolution. Mr. Clay's Speech on his Public Lands Bill. Mil. President, — Although I find my- self borne down by the severest affliction with which Providence has ever been pleased to visit me, I have thought that my private griefs ought not longer to pre- vent me from attempting, ill as I feel quali- fied, to discharge my public duties. And I now rise, in pursuance of the notice which has been given, to ask leave to introduce a bill to apijropriate, for a limited time, the proceeds of the sales of the public lands of the United States, and for granting land to certain states. I feel it incumbent on me to make a brief explanation of the highly important measure which I have now the honor to propose. The bill which I desire to intro- duce, provides for the distribution of the proceetls of the public lands in the years 1833, 1834, 1885, 183G and 1837, among the twenty-four states of the union, and con- forms substantially to that which passed in 1833. It is therefore of a temporary char- acter ; but if it shall be found to have sal- utary operation, it will be in the power of a future congress to give it an indefinite continuance; and if otherwise, it will ex- pire by its own terms. In the event of war unfortunately breaking out with any for- eign power, the bill is to cease, and the fund which it distributes is to be applied to the iirosecution of the war. The bill directs that ten per cent, of the net pro- ceeds of the public lands sold within the limits of the seven new states, shall be first set apart for them, in addition to the five per cent, reserved by their several com- pacts with the United States ; and that the residue of the proceeds, whether from sales made in the states or territories, shall be divided among the twenty-four states in proportion to their respective federal ])opu- lation. In this respect the bill conforms to that which was introduced in 1832. For one, I should have been willing to have allowed the new states twelve and a half instead of ten per cent. ; but as that wa.s objected to by the president, in his veto message, and has been opposed in other quarters, I thought it best to restrict the allowance to the more moderate sum. The bill also contains large and liberal grants of land to several of the new states, to place them upon an equality with others to which the bounty of congress has been heretofore extended, and provides that, when other new states shall be admitted into the union, they shall receive their share of the com- mon fund. ***** *^(.^ Mr. President, I have ever regarded, with feelings of the profoundest regret, the de- cision which the president of the United States felt himself induced to make on the bill of 1833. If the bill had passed, about twenty millions of dollars would have been, during the last three years, in the hands of the several states, applicable by them to the beneficent purposes of internal improve- ment, education or colonization. What immense benefits might not have been dif- fused throughout the land by the active employment of that large sum ? What new channels of commerce and communication might not have been opened ? What in- dustry stimulated, what labor rewarded? How many youthful minds might have re- ceived the blessings of education and know- ledge, and been rescued from ignorance, vice, and ruin? How many descendants of Africa might have been transported from a country where they never can enjoy po- litical or social equality, to the native land of their fathers, where no impediment ex- ists to their attainment of the highest de- gree of elevation, intellectual, social and political ! where they might have been successful instruments, in the hands of God, to spread the religion of His Son, and to lay the foundation of civil liberty. But, although we have lost three i>recious years, the secretary of the treasurv' tells us that the principal of this vast sum is yet safe; and much good may still be achieved with it. The spirit of iiiiprove- ment pervades tlie land in every variety of form, active, vigorous and enterjirising, wanting pecuniary aid as well as intelligent, direction. The states are strengthening the union by various lines of communication thrown across and through the mountains. New York has completed one great cliain. Pennsylvania another, ])older in concej'tion and more arduous in the execution. Vir- ginia has a similar work in jirogress, worthy of all her enterprise and energy. A fourth, further south, where the parts of the union are too loosely connected, bos been pro- jected, and it can certainly be executed with the supplies which this bill atlbrds, and perhaps not without them. This bill passed, and these and other si- 24 AMERICAN POLITICS. [book III. milar undertakings completed, we may in- dulge the patriotic hope that our union will be hound by ties and interests that render it indissoluble. As the general government withholds all direct agency from these truly national works, and from all new objects of internal improvement, ought it not to yield to the states, what is their own, the amount received from the public lands? It would thus but execute faithfully a trust expressly created by the original deeds of cession, or resulting from the treaties of acquisition. With this ample resource, every desirable object of improvement, in every part of our extensive country, may in due time be ac- complished. — Placing this exhaustless fund in the hands of the several members of the confederacy, their common federal head may address them in the glowing language of the British bard, and. Bid harbors open, public ways extend, Bid temples wortliier of the God ascend. Bid the liroad arch the dangerous flood contain, The mole projecting break the roaring main. Back to his bounds their subject sea command, And roll obedient rivers through the land. I confess I feel anxious for the fate of this measure, less on account of any agency I have had in proposing it, as I hope and believe, than from a firm, sincere and tho- rough conviction, that no one measure ever presented to the councils of the nation, was fraught with so much unmixed good, and could exert such powerful and enduring influence in the preservation of the union itself and upon some of its highest interests. If I can be instrumental, in any degree, in the adoption of it, I shall enjoy, in that re- tirement into which I hope shortly to en- ter, a heart-feeling satisfaction and a lasting consolation. I shall carry there no regrets, no complaints, no reproaches on my own account. When I look back upon my hum- ble origin, left an orphan too young to have been conscious of a father's smiles and ca- resses; with a widowed mother, surrounded by a numerous offspring, in the midst of pecuniary eml)arrassmeuts ; without a re- gular education, without fortune, without friends, witliout patrons, I have reason to be satisfied with my public career. I ought to be thankful for the high places and ho- nors to which I have been called by the favor and partiality of my countrymen, and I am tiiankful and grateful. And I shall take with me the pleasing conscious- ness that in whatever staticni I have been placed, I have earnestly and honestly la- bored to justify their confidence by a faith- ful, fearless, and zealous discharge of my ftublic duties. Pardon these personal al- usions. Np«>ecti of Jolin C. Calhonn, Agnimt Ihe I'Mv- LikhIk Hill, .hmiKiry Zi, 1841. "Whether the government can constitu- kioually distribute the revenue from the public lands among the states must depend on the fact whether they belong to them in their united federal character, or indi- vidually and separately. If in the for- mer, it is manifest that the government, as their common agent or trustee, can have no right to distribute among them, for their individual, separate use, a fund de- rived from property held in their united and federal character, without a special power for that purpose which is not pre- tended. A position so clear of itself and resting on the established principles of law, when applied to individuals holding property in like manner, needs no illustra- tion. If, on the contrary, they belong to the states in their individual and separate character, then the government would not only have the right but would be bound to apply the revenue to the separate use of the states. So far is incontrovertible, which presents the question : In which of the two characters are the lands held by the state? "To give a satisfactory answer to this question, it will be necessary to distinguish between the lands that have been ceded by the states, and those that have been pur- chased by the government out of the com- mon funds of the Union. "The principal cessions were made by Virginia and Georgia. The former of all the tract of country between the Ohio, the Mississippi, and the lakes, including the states of Ohio, Indiana, Illinois, and Mich- igan, and the territory of Wisconsin ; and the latter, of the tract included in Ala- bama and Mississippi. 1 shall begin with the cession of Virginia, as it is on that the advocates for the distribution mainly rely to establish the right. " I hold in my hand an extract of all that portion of the Virginia deed of cession which has any bearing on the point at issue, taken from the volume lying on the table before me, with the place marked, and to which any one desirous of examin- ing the deed may refer. The cession is 'to the United States in Congress assem- bled, for the benefit of said states.' Every word implies the states in their united federal character. That is the meaning of the phrase United States. It stands in con- tradistinction to the states taken separately and individually ; and if there could be, by possibility, any doubt on that point, it would be removed by the expression ' in Congress assembled ' — an assemblage which constituted the very knot that united them. I regard the execution of such a deed to the Unit(!d States, so assembled, so con- elusive that the cession was to them in their united and aggregate character, in (•ontradistiiiction to their individual and separate! character, and, by necessnry con- se(]neiic(', that the lands so ceded belonged to them in their former and not in their BOOK III.] HAYNE ON SALES OF PUBLIC LANDS. 25 latter character, that I am at a loss for words to make it clearer. To deny it, would be to deny that there is any truth in language. "But strong as this is, it is not all. The deed proceeds and says, that all the lands so ceded ' shall be considered a com- mon fund for the use and benefit of such of the United States as have become, or shall become, members of the confederation or federal alliance of said states, Virginia in- clusive, and concludes by saying, 'and shall be faithfully and bona fide disposed of for that purpose, and for no other use or purpose whatever.' IT it were possible to raise a doubt before, those lull, clear, and explicit terms would dispel it. It is impossible for language to be clearer. To be ' considered a common fund * is an ex- pression directly in contradistinction to separate or individual, and is, by necessary implication, as clear a negative of the lat- ter as if it had been positively expressed. This common fund to ' be for the use and benefit of such of the United States as have become, or shall become, members of the confederation or federal alliance.' That is as clear as language can express it, for their common use iu j^heir united federal character, Virginia being included as the grantor, out of abundant caution." "The Senator from Kentucky (Mr. Clay), and, as I now understand, the Sena- tor from Massachusetts (Mr. Webster), agree, that the revenue from taxes can be applied only to the objects specifically enumerated in the Constitution. Thus re- pudiating the general welfare principle, as applied to the money power, so far as the revenue may be derived from that source. To this extent they profess to be good State Rights Jetfersonian Republicans. Now, sir, I would be happy to be informed by either of the able senators, by what political alchemy the revenue from taxes, oy being vested in land, or other property, can, when again turned into revenue by sales, be entirely freed from all the consti- tutional restrictions to which they were lia- ble before the investment, according to their own confessions. A satisfactory ex- planation of so curious and apparently in- com])reliensible a process would be a treat. " When I look, Mr. President, to what induced the states, and especially Virginia, to make this magnificent cession to the Union, and the high and patriotic motives urged by the old Congress to induce them to do it, and turn to what is now jiro- posed, I am struck with the contrast and the great nvutatiou to which human affairs are subject. The great and patriotic men of former times regarded it as essential to the consummation of the Union and the reservation of the public faith that the ands should be ceded as a common fund ; but now, meu di:5tinguished for their ability and influence are striving with all their might to undo their holy work. Yes, sir ; distribution and cession are the very reverse, in character- and effect ; the ten- dency of one is to union, and the other to disunion. The wisest of modern states- men, and who had the keenest and deepest glance into futurity (Edmund Burke), truly said that the revenue is the state; to which I add, that to (listril.ute the revenue, in a confederated community, amongst its members, is to dissolve the community — that is, with us, the Union — as time will prove, if ever this fatal measure should be adopted." la Speech of Hon. Robt. Y. Ha}rne Senator from Soul li Curolitui, ddiveredin the HKiiate C'luiinher January 2l,lS:iU, on Mr. Foofs resolidion reUUiny to the sales of the public lands. Mr. Hayne said, when he took occasion, two days ago, to throw out some ideas with respect to the policy of the government, in relation to the public lands, nothing certainly could have been further from his thoughts, than that he should have been compelled again to throw himself ui)on the indulgence of the Senate. Little did I expect, said Mr. H., to be called upon to meet such an ar^f^ument as was yesterday urged by the gentleman from IMassachusctts (Mr. Webster.) Sir, I questioned no man's opinions ; I impeached no man's motives ; I charged no party, or state, or section of country with hostility to any other, but ventured, as I thought, in a becoming spirit to put forth my own sentiments in relation to a great national question of public policy. Such wa,s my course. The gentle- man from Missouri, (Mr. Benton,) it is true, had charged upon the Eastern States an early and continued hostility towards the west, and referred to a number of his- torical facts and documents in support of that charge. Now, sir, how have these different arguments been met? The honor- able gentleman from Massachusetts, after deliberating a whole night upon his course, comes into this chamber to vindicate New England ; and instead of making up his issue with the gentleman from Missouri, on the charges which he had preferred, chooses to consider me as the author of those charges, and losing sight entirely of that gentleman, selects me as his adversary, and pours out all the vials of his mighty wrath upon my devoted head. Nor is he willing to stop there. He goe^s on to assail the institutions and policy of the south, and calls in question the principles and conduct of the state whicli I have the honor to represent. When 1 find a gentle- man of mature age and exjjeriencc, of ac- knowledged talents and profound sagacity, pursuing a course like this, declining tlie contest offered from the west, and making 26 AMERICAN POLITICS. [book hi. war upon the unoffending south, I must believe, I am bound to believe, he has some object in view which he has not ventured to disclose. Mr. President, why is this? Has the gentleman discovered in former controversies with the gentleman from Missouri, that he is overmatched by that senator? And does he hope for an easy vic- tory over a more feeble adversary ? Has the gentleman's distempered fancy been dis- turbed by gloomy forebodings of "new alliances to be formed," at which he hinted ? Has the ghost of the murdered Coalition come back, like the ghost of Banquo, to "sear the eyeballs of the gentleman," and will it not down at his bidding ? Are dark visions of broken hopes, and honors lost forever, still floating before his heated imagination? Sir, if it be his object to thrust me between the gentleman from Missouri and himself, in order to rescue the east from the contest it has provoked with the west, he shall not be gratified. Sir, I will not be dragged into the defence of my friend from Missouri. The south shall not be forced into a conflict not its own. The gentleman from Missouri is able to fight his own battles. The gallant west needs no aid from the south to repel any attack which may be made on them from any quarter. Let the gentleman from Massachusetts controvert the facts and arguments of the gentleman from Mis- souri, if he can — and if he win the victory, let him wear the honors ; I shall not de- prive him of his laurels. The gentleman from Massachusetts, in reply to my remarks on the injurious operations of our land system on the pros- perity of the west, pronounced an extrav- agant eulogium on the paternal care which the government had extended towards the west, to which he attributed all that was great and excellent in the present condi- tion of the new states. The language of the gentleman on this topic fell upon my ears like the almost forgotten tones of the tory leaders of the British Parliament, at the commencement of the American revo- lution. They, too, discovered that the colonies had grown great under the foster- ing care of the mother country; and I must confess, while listening to the gentle- man, I thought the appropriate reply to his argument wa.s to l»e found in the re- mark of a celebrated orator, made on that occasion : " They have grown great in spite of your protection." The gentleman, in commenting on the policy of the government in relation to the new states, has introduced to our notice a certain Nalhan Dane, of ]\Iassachusc(ts, to whom lie attributes tlie celel)rated ordi- nance of 'H7, by which he tells us, *' slnrcrij was forever exehided from the new states north of the Oiiio." After eulogizing the wisdom of this provision iu terms of the most extravagant praise, he breaks forth in admiration of the greatness of Nathan Dane — and great indeed he must be, if it be true, as stated by the senator from Mas- sachusetts, that " he was greater than Solon and Lycurgus, Minos, Numa Pom- pilius, and all the legislators and philoso- phers of the world," ancient and modern. Sir, to such high authority it is certainly my dut}', in a becoming spirit of humility, to submit. And yet, the gentleman will pardon me, when I say, that it is a little unfortunate for the fame of this great legis- lator, that the gentleman from Missouri should have proved that he was not the author of the ordinance of '87, on which the senator from Massachusetts has reared so glorious a monument to his name. Sir, I doubt not the senator will feel some com- passion for our ignorance, when I tell him, that so little are we acquainted with the modern great men of New England, that until he informed us yesterday that we pos- sessed a Solon and a Lycurgus in the person of Nathan Dane, he was only known to the south as a member of a celebrated assembly, called and known by the name of the " Hartford Convention." In the proceedings of that assembly, which I hold in my hand, (at p. i9,) will be found in a few lines, the history of Nathan Dane; and a little farther on, there is conclusive evidence of that ardent devotion to the interest of the new states, which, it seems, has given him a just claim to the title of "Father of the West." By the 2d resolu- tion of the " Hartford Convention," it is declared, " that it is expedient to attempt to make provisionybr i-estraining Congvess in the exercise of an %inlirnited power to make new states, and admitting them into the Union." So much for Nathan Dane, of Beverly, Massachusetts. In commenting upon my views in rela- tion to the public lands, the gentleman in- sists, that it being one of the conditions of the grants that these lands should be ap- plied to " the common benefit of all the states, they must always remain a fund for revenue ; " and adds, "they must be treated as so much treasure." Sir, the gentleman could hardly find language strong enough to convey his disapprobation of tlie policy which I had ventured to recommend to the favoralile consideration of the country. And what, sir, was that policy, and what is the diflerence between that gentleman and myself on that subject? I threw out the idea that the public lands ought not to 1)6 reserved forever, as "a great fund for reveiuie ; " that they ought not to be " treated as a great treasure ;" butthatthe course of our policy should rather be di- rected toward the creation of new states, and building up great and flourishing communities. Now, sir, will it be believed, by those BOOK III.] MR. HAYNE ON FOOT'S RESOLUTION. 27 who now hear me, — and who listened to the gentleman's denuuciatiuu of my doc- trines yesterday, — that a book then lay open before him — nay, that he held it in his hand, and read from it certain passa- ges of his own speech, delivered to the House of Representatives in 1825, in which speech he himself contended for the very doctrine I had advocated, and almost in the same terms ? Here is the speech of the Hon. Daniel Webster, contained in the first volume of Gales and Beaton's Regis- ter of Debates, (p. 251,) delivered in the House of Representatives on the 18th of January, 1825, in a debate on the Cum- herland road — the very debate from which the senator read yesterday. I shall read from the celebrated speech two passages, from which it will appear that both as to the past and the future policy of the gov- ernment in relation to the public lands, the gentleman from IMassachusetts main- tained, in 1825, substantially the same opinions which I have advanced, but which he now so strongly reprobates. I said, sir, that the system of credit sales by which the west had been kept constantly in debt to the United States, and by which their wealth was drained otf to be expended elsewhere, had operated injuriously on their prosperity. On this point the gentle- man from Massachusetts, in January, 1825, expressed himself thus : " There could be no doubt, if gentlemen looked at the money received into the treasury from the sale of the public lands to the west, and then looked to the whole amount expended by government, (even including the whole amount of what was laid out for the army,) the latter must be allowed to be very in- considerable, and there must be a constant drain of money froTU the west to pay for the public lands." It might indeed be said that this was no more tlian the refluence of capital which had previously gone over the mountains. Be it so. Still its practical effect was to produce inconvenience, if not distress, by absorbing the money of thepeople. I contended that the public lands ought not to be treated merely as " a fund for re- venue ; " that they ought not to be hoarded " as a great treasure." On this point the senator expressed himself thus : " Govern- ment, he believed, had received eighteen or twenty millions of dollars from the pub- lic lands, and it was with the greatest satis- faction he adverted to the change which had been introduced in the mode of pay- ing for them ; yet he could never think the national domain was to be regarded as any great source of revenue. The great object of the government, in respect of these lands, was not so much the money derived from their sale, as it was the getting them settled. What ho meant to say was, he did not think they ought to hug that domain AS A GREAT TKliASUKE, to enrich the Exchequer." Now, Mr. President, it will be seen that the very doctrines which the gentleman so indignantly abandons were urged by him in 1825; and if 1 had actually bor- rowed my sentiments from those which he then avowed, 1 could not have (olhjwcd more closely in his foot.steits. Sir, it is only since the gentleman quoted this book, yesterday, that my attenliijn has been turned to the sentiments he exi)ressed in 1825; and if I had renieml)ered them, I might possibly have been deterred from uttering sentiments here, which, it might well be sujjposed, I had borrowed from that gentleman. In 1825, the gentleman told the world that the public lands "ought not to be treated as a treasure." He now tells us that " they must be treated as so much treasure." What the deliberate ojiinion of the gentleman on this subject maybe, belongs not to me to determine; but I do not think he can, with the shadow of jus- tice or propriety, impugn my sentiments, while his own recorded opinions are iden- tical with my own. When the gentleman refers to the conditions of the grants under which the United States have acquired these lands, and insists that, as they are declared to be " for the common benefit of all the states," they can only be treated as so much treasure, I think he has apj)lied a rule of construction too narrow lor the case. If in the deeds of cession it has been declared that the grants were in- tended for "the common benefit of all the states," it is clear, from other provisions, that they were not intended merely as so 7nuch pro]>erty ; for it is expressly declared, that the object of the grants is the erection of new states ; and the United States, in accepting this trust, bind themselves to facilitate the foundation of these states, to be admitted into the Union with all the rights and privileges of the original states. This, sir, was the great end to which all parties looked, and it is by,the fulfillment of this high trust that " the common benefit of all the states " is to be best promoted. Sir, let me tell the gentleman, that in the part of the country in which I live, we do not measure politi- cal benefits by the money standard. We consider as more valuable than gold liber- ty, principle, and justice. But, sir, if we are bound to act on the narrow principles contended for by the gentleman, I am wholly at a loss to conceive how he can reconcile his principles with his own prac- tice. The lands are, it seems, to be treated "as so much treasure," and nui^t be ap- plied to the "common benefit of all the states." Now, if this be so, whence doeiS he derive theright to appropriate them for partial and local objects? How can the gejitleman consent to vote away immense bodies of these lauds for canals in Indiana 28 AMERICAN POLITICS. [book III, and Illinois, to the Louisville and Portland Canal, to Kenyon College in Ohio, to Schools for the t)eaf and Dumb, and other objects of a similar description ? If grants of this character can fairly be considered as made " for the common benefit of all the states," it can only be, because all the states are interested in the welfare of each — a principle which, carried to the full extent, destroys all distinction between local and national objects, and is certainly broad enough to embrace the principles for which I have ventured to contend. Sir, the true difference between us I take to be this : the gentleman wishes to treat the public lands as a great treasure, just as so much money in the treasury, to be applied to all objects, constitutional and unconsti- tutional, to which the public money is constantly applied. I consider it as a sacred trust which we ought to fulfil, on the principles for which I have con- tended. The senator from Massachusetts has thought projier to present, in strong con- trast, the friendly feelings of the east to- wards the west, with sentiments of an op- posite character displayed by the south in relation to appropriations for internal im- provements. Now, sir, let it be recollected that the south have made no professions ; I have certainly made none in their be- half, of regard for the west. It has been reserved for the gentleman from Massa- chusetts, while he vaunts over his own personal devotion to western interests, to claim for the entire section of country to which he belongs an ardent friendship for the west, as manifested by their support of the system of internal improvement, while he casts in our teeth the reproach that the south has manifested hostility to western interests in opposing appropriations for such objects. That gentleman, at the same time, acknowledged that the south entertains constitutional scruples on this subject. Are we then, sir, to understand that the gentlemtin considers it a just subject of rei)roach that we respect our oaths, by which we are bound " to preserve, protect, and defend tiie constitution of the U. States ?" Would the gentleman have us manifest our love to the west by trampling under foot our constitutional scruples ? Does he not perceive, if the south is to be reproached with unkindness to the west, in voting against appropriations which the gentleman admits they coulil not vote for without doing violcince to their constitu- tional opitiioris, that ho exjjoses himself to the question, wh('ther, if he was in our situation, he couhl vote for these aj)pro- priations, regardless of liis scruples? No, sir, I will not do the gciithinum so great injustice. He has fallen into tliis error from not having duly weighed the fitrce and effect of the rei)roach which he was endeavoring to cast upon the south. In relation to the other point, the friendship manifested by New England towards the west, in their support of the system of in- ternal improvement, the gentleman will pardon me for saying, that I think he is equally unfortunate in having introduced that topic. As that gentleman has forced it upon us, however, I cannot suffer it to pass unnoticed. When the gentleman tells us that the approj)riations for internal improvement in the west would, in almost every instance, have failed but for New England votes, he has forgotten to tell us the when, the hoto, and the wherefore this new-born zeal for the west sprung up in the bosom of New England. If we look back only a few years, we will find in both houses of Congress a uniform and steady opposition on the part of the mem- bers from the P^astern States, generally, to all appropriations of this character. At the time I became a member of this house, and for some time afterwards, a decided majority of the New England senators were opposed to the very measures which the senator from Massachusetts tells us they now cordially, support. Sir, the Journals are before me, and an examina- tion of them will satisfy every gentleman of that fact. It must be well known to every one whose experience dates back as far as 1825, that up to a certain period, New England was generally opposed to appro- priations for internal improvements in the west. The gentleman from Massachusetts may be himself an exception, but if he went for the system before 1825, it is cer- tain that his colleagues did not go with him. In the session of 1824 and '25, however, (a memorable era in the history of this country,) a wonderful change took place in New England, in relation to western in- terests. Sir, an extraordinary union of sympathies and of interests was then ef- fected, which brought the east and the west into close alliance. The book from which I have before read contains the first public annunciation of that happy recon- ciliation of conflicting interests, personal and political, which brought the east and west together and locked in a fraternal embrace the two great orators of the east and the west. Sir, it was on the 18th of January, 1825, while the result of the presidential election, in the House of Rep- resentatives, was still doubtful, while the whole country was looking with intense anxiety to that legislative hall where the niiglity drama was so soon to be acted, that we saw the leaders of two great par- ties in the liouse :ind in the nation, "tak- ing sweet counsel together," and in a cele- brated dil)atc on th" Oumherland road, fighting sinng on these immense ex- changes ; and for such part as was con- sumed at the north, we received in ex- change northern manufactures, charged with an increased price, to cover all the taxes which the northern consumer had been compelled to pay on the imported ar- ticle. It will be seen, therefore, at a glance, how much slave labor has contributed to the wealth and prosperity of the United States, and howlargely our northern breth- ren have participated in the profits of that labor. Sir, on this subject I will quote an authoritv, which will, 1 doubt not, be con- 32 AMERICAN POLITICS. [book III. sidered by the Senator from Massachusetts as entitled to high respect. It is from the great father of the American System," honest Matthew Carey — no great friend, it is true, at this time, to southern rights and southern interests, but not the worst author- ity on that account, on the point in question. Speaking of the relative importance to the Union of the Southern and the Eastern States, Matthew Carey, in the sixth edi- tion of his Olive Branch, (p. 278,) after exhibiting a number of statistical tables to show the decided superiority of the former, thus proceeds: — " But I am tired of this investigation — I sicken for the honor of the human species. What idea must the world form of the ar- rogance of the pretensions of the one side, [the east,] and of the folly and weakness of the rest of the Union, to have so long suffered them to pass without exposure and detection. The naked fact is, that the demagogues in the Eastern States, not sat- isfied with deriving all the benefit from the southern section of the Union that they icould from so many loealthy colonies — with making princely fortunes by the carriage and ex- portation of its bulky and valuable pro- ductions, and supplying it with their own manufactures, and the productions of Eu- rope and the E;ist and West Indies, to an enormous amount, and at an immense profit, have uniformly treated it with out- rage, insult, and injury. And, regardless of their vital interests, the Eastern States were lately courting their oicn destruction, by allowhig a few restless, turbulent men to lead them blindfolded to a separation which wa.^ pregnant with their certainruin. Whenever that event takes place, they sink into insignificance. If a separation were desirable to any part of the Union, it would be to the Middle and Southern States, par- ticularly the latter, who have been so long harassed with the complaints, the restless- ness, the turbulence, and the ingratitude of the Eastern States, that their patience has been tried almost beyond endurance. 'Jeshurun waxed fat and kicked ' — and he will be severely punished for his kicking, in the event of a dissolution of theUnion.' Sir, I wish it to be distinctly understood that I do not ailopt these sentiments as my own. I quote them to show that very dif- ferent sentiments have prevailed in former times as to the weakness of the slavehold- ing states from those which now seem to have become i'ashiouable in certain quarters. I know it has been supposed by certain ill- informed persons, that the south exists only by the countenance and protection of the north. Sir, this is the idlest of all idle and ridiculous fancies that ever entered into the mind of man. In every state of this Union, except one, the free white popula- tion actually preponderates; while in the British West India Islands, (where the average white population is less than ten per cent, of the whole,) the slaves are kept in entire subjection: it is preposterous to suppose that the Southern States could ever find the smallest difficulty in this respect. On this subject, as in all others, we ask nothing of our northern brethren but to " let us alone." Leave us to the undis- turbed management of our domestic con- cerns, and the direction of our own industry, and we will ask no more. Sir, all our dif- ficulties on this subject have arisen from interference from abroad, which has dis- turbed, and may again disturb, our domes- tic tranquillity just so far as to bring d^wn punishment upon the heads of the unfor- tunate victims of a fanatical and mistaken humanity. There is a spirit, which, like the father of evil, is constantly " walking to and fro about the earth, seeking whom it may devour:" it is the spirit of false philan- thropy. The persons whom it possesses do not indeed throw themselves into the flames, but they are employed in lighting up the torches of discord throughout the com- munity. Their first principle of action is to leave their own affairs, and neglect their own duties, to regulate the affairs and duties of others. Theirs is the task to feed the hungry, and clothe the naked, of other lands, while they thrust the naked, famished, and shivering beggar from their own doors ; to instruct the heathen, while their own children want the bread of life. When this spirit infuses itself into the bosom of a statesman, (if one so possessed can be called a statesman,) it converts him at once into a visionary enthusiast. Then it is that he indulges in golden dreams of national greatness and prosper- ity, lie discovers that " liberty is power," and not content with vast schemes of im- provement at home, which it would bank- rupt the treasury of the world to execute, he flies to foreign lands, to fulfil obligations to "the human race" by inculcating the principles of " political and religious lib- erty," and promoting the "general wel- I fiire " of the whole human race. It is a spirit which has long been busy with the slaves of the south; and is even now dis- playing itself in vain efforts to drive the government from its wise polijcy in rela- tion to the Indians. It is this si)irit which has filled the land with thousands of wild and visionary projects, which can have no effect but to waste the energies and dissipate the resources of the coun- try. It is the spirit of which the aspir- ing politician dexterously avails himself, when, by inscribing on liis banner the magical words liberty and piiilan- ! THKOPY, he draws to his support that I cla.s3 of persons who are rcaciy to bow I down at the very name of their idols. 1 But, sir, whatever difference of opinion BOOK III.] MR. HAYNE ON FOOT'S RESOLUTION. 33 may exist as to the effect of slavery on national wealth and prosperity, if we may trust to experience, there can be no doubt that it has never yet produced any inju- rious efl'ect on individual or luitional char- acter. Look through the whole history of the country, from the commencement of the revolution down to the present hour ; where are there to be found brighter examples of intellectual and moral great- ness than have been exhibited by the sons of the south?- From the Father of HIS Country down to the di.stingi:ished CHIEFTAIN who has been elevated by a grateful people to the highest office in their gift, the interval is tilled up by a long line of orators, of statesmen, and of heroes, justly entitled to rank among the ornaments of their country, and the bene- factors of mankind. Look at the "Old Dominion," great and magnanimous Vir- ginia, "whose jewels are her sons." Is there any state in this Union which has contributed so much to the honor and welfare of the country? Sir, I will yield the whole question — I will ac- knowledge the fatal eti'ects of slavery upon character, if any one can say, that for noble disinterestedness, ardent love of country, exalted virtue, and a pure and holy devotion to liberty, the people of the Southern States have ever been surpassed by any in the world. I know, sir, that this devotion to liberty has sometimes been supposed to be at war with our institutions ; but it is in some degree the result of those very institutions. Burke, the most philo- sophical of statesmen, as he was the most accomplished of orators, well understood the operation of this principle, in elevat- ing the sentiments and exalting the princi- ples of the people in slaveholding states. I will conclude my remarks on this branch of the subject, by reading a few passages from his speech " on moving his resolu- tions for conciliation with the colonies," the 22d of March, 1775. " There is a circumstance attending the southern colonies which makes the spirit of liberty still more high and haughty than in those to the northward. It is, that in Virginia and the Carolinas they have a vast multitude of slaves. Where this is the case, in any part of the world, those who are free are by for the most proud and jealous of their freedom. Freedom is to them not only an enjoyment, but a kind of rank and privilege. Not seeing there, as in countries where it is a common bless- ing, and as broad and general as the air, that it may be united with much abject toil, with great misery, with all the exte- rior of servitude, liberty looks among them like something more noble and liberal. I do not mean, sir, to commend the superior morality of this sentiment, which has, at least, a.s much pride as virtue in it — but I 27 cannot alter the nature of man. The fact is so ; and these people of tlie southern colonies are much more strongly, and with a higher and more stubborn siiirit, attached to liberty than those to the northward. Such were all the ancient commonwealths — such were our Gothic ancestors — such, in our days, were the Poles — and such will be all masters of slaves who are not slaves themselves. In .such a people, the haughti- ness of domination combines with the spir- it of freedom, fortifies it, and renders it in- vincible." In the course of my former remarks, Mr. President, I took occasion to deprecate, aa one of the greatest evils, the consolidation of this government. The gentleman takes alarm at the sound. " Consolidation" " like the tnrijf," grates upon his ear. lie tells us, "we have heard much of late about consolidation ; that it is the rallying word of all who are endeavoring to weaken the Union, by adding to the power of the states." But consolidation (says the gen- tleman) was the very object for which the Union was formed ; and, in support of that opinion, he read a passage from the ad- dress of the president of the convention to Congress, which he assumes to be authority on his side of the question. But, sir, the gentleman is mistaken. The object of the framers of the constitution, as disclosed in that address, was not the consolidation of the government, hut "the consolidation of the Union." It was not to draw jjower from the states, in order to transfer it to a great national government, but, in the language of the constitution itself, " to form a more perfect Union ;" — and by what means? By "establishing justice, pro- moting domestic tranquillity, and securing the blessings of liberty to ourselves and our posterity." This is the true reading of the constitution. But, according to the gen- tleman's reading, the object of the consti- tution was, to consolidate the government, and the means would seem to be, the pro- motion of injustice, causing domestic dis- cord, and depriving the states and the people "of the blessings of liberty" for- ever. The gentleman boasts of belonging to the party of National Repuiu.icans. National Eeimblicans ! A new name, sir, for a very old thing. The National Repub- licans of the present day were the Federal- ists of '9H, who became Federal liepuhlirans during the war of 1812, and were manufac- tured into National li epublicans aomewhere about the year 1825. As a parti/, (by whatever name distin- guished,) they have always been animated by the same principles, and have kept steadily in view a common object, the cillars of the temple of error and delu- sion, escaping himself unhurt, and leaving his adversaries overwhelmed in its ruins. Then it was that he erected to free trade a beautiful and enduring monument, and " inscribed the marble with his name." Mr. President, it is with pain and regret that I now go forward to the next great era in the political life of that gentleman when he was found on this floor, support- ing, advocating, and finally voting for the tariff" of 1828 — that "bill of abominations." By that act, sir, the senator from Massa- chusetts has destroyed the labors of his whole life, and given a wound to the cause of free trade never to be healed. Sir, when I recollect the position which that gentle- man once occupied, and that which he now holds in public estimation, in relation to this subject, it is not at all surprising that the tariff' should be hateful to his ears. Sir, if I had erected to my own tame so proud a monument as that which the gen- tleman built up in 1824, and I could have been tempted to destroy it with my own hands, I should hate the voice that should ring " the accursed tariff"" in my ears. I douiit not the gentleman feels very much, in relation to the tariff", as a certain knight did to " instinct" and with him would be disposed to exclaim, — " Ah ! no more of that, Hal, an thou lovest mc." But, Mr. President, to be more serious ; A'hat are we of the south to think of what we have heard this day ? The senator from Massachusetts tells us that the tariff" is not an eastern measure, and treats it as if the east had no interest in it. The senator from Missouri insists it is not a western measure, and that it has done no good to the west. The south comes in, and, in the most earnest manner, represents to you that this measure, which we are told " is of no value to the east or the west," is " utterly destructive of our interests." We represent to you that it has spread ruin and devasta- tion through the land, and prostrated our hopes in the dust. We solemnly declare that we believe the system to i)e whollv unconstitutional, and ii violation of the compact between the states and the Union ; and our brethren turn a deaf ear to our comjilaints, and refuse to relieve us from a system "which not enriches them, but nuikcs us poor indeed." Good God ! Mr. President, has it come to this ? Do gentle- men hold the feelings and wishes of their brethren at so cheap a rate, that they re- iiise to gratify them at so small a price? Do gentlemen value so lightly the peace and harmony of the country, that they will not yield a measure of this description to the affectionate entreaties and earnest re- monstrances of their friends? Do gentle- men estimate the value of the Union at so low a price, that they will not even make one effort to bind the states together with the cords of affection? And has it come to this? Is this the spirit in which this gov- ernment is to be administered? If so, let me tell, gentlemen, the seeds of dissolu- tion are already sown, and our children will reap the bitter fruit. The honorable gentleman from Massa- chusetts, (Mr. Webster,) while he exoner- ates me personally from the charge, inti- mates that there is a party in the country who are looking to disunion. Sir, if the gentleman had stopped there, the accusa- tion would have " passed by me like the idle wind, which I regard not." But when he goes on to give to his accusation " a local habitation and a name," by quoting the expression of a distinguished citizen of South Carolina, (Dr. Cooper,) "that it was time for the south to calculate the value of the Union," and in the language of the bitterest sarcasm, adds, "Surely then the Union cannot last longer than July, 1831," it is impossible to mistake either the allu- sion or the object of the gentleman. Now, Mr. President, I call upon every one who hears me to bear witness that this contro- versy is not of my seeking. The Senate will do me the justice to remember that, at the time this unprovoked and uncalled-for attack was made on the south, not one word had been uttered by me in disparage- ment of New England ; nor had I made the most distant allusion either to the sen- ator from Massachusetts or the state he re- jn-esents. But, sir, that gentleman has thought proper, for purposes best known to himself, to strike the south, through me, the most unworthy of her servants. He has crossed the border, he has invaded the state of South Carolina, is making wiir u]ion her citizens, and endeavoring to over- throw her principles and her institutions. Sir. when the gentleman jirovokcs me to such a conflict, I meet him at the thresh- old ; I will struggle, while I have life, fl* 36 AMERICAN POLITICS. [book III. our altars and our firesides ; and, if God gives me strength, I will drive back the in- vader discomfited. Nor shall I stop there. If the gentleman provokes the war, he shall have war. Sir, I will not stop at the border ; I will carry the war into the enemy's territory, and not consent to lay down my arms until I have obtained " in- demnity for the past and security for the future." It is with unfeigned reluctance, Mr. President, that I enter upon the per- formance of this part of my duty ; I shrink almost instinctively from a course, however necessary, which may have a tendency to excite sectional feelings and sectional jeal- ousies. But, sir, the task has been forced upon me ; and I proceed right onward to the performance of my duty. Be the conse- quences what they may, the responsibility is with those who have imposed upon me this necessity. The senator from Massa- chusetts has thought proper to cast the first stone ; and if he shall find, according to a homely adage, " that he lives in a glass house," on his head be the consequences. The gentleman has made a great flourish about his fidelity to Massachusetts. I shall make no professions of zeal for the interests and honor of South Carolina ; of that my constituents shall judge. If there be one state in the Union, Mr. President, (and I say it not in a boastful spirit,) that may challenge comparison with any other, for a uniform, zealous, ardent, and uncalculating devotion to the Union, that state is South Carolina. Sir, from the very commence- ment of the revolution up to this hour, there is no sacrifice, however great, she has not cheerfully made, no service she has ever hesitated to perform. She has adhered to you in your prosperity ; but in your ad- versity she has clung to you with more than filial affection. No matter what was the conditioTi of her domestic affairs, though deprived of her resources, divided by par- ties, or surrounded with difficulties, the call of the country has been to her as the voice of God. Domestic discord ceased at the sound ; every man became at once recon- ciled to his brethren, and the sons of Car- olina were all seen crowding together to the temple, bringing their gifts to the altar of their common country. Whut, sir, was the conduct of the South during the revolution? Sir, I honor New England for her conduct in that glorious struggle. But great as is the i)raise which V)ei()ngs to her, I think, at least, equal honor is due to the south. They espoused the quarrel of their brethren with a gener- ous zeal, which did not .suffer them to stoji to calculate their interest in the di.spute. Favorites of tlu; mother country, possessed of neither shins nor seamen to create a commercial nvalsliip, they might have found in their situation a guarantee that thii'ir trade would be forever fostered and protected by Great Britain. But, tramp- ling on all considerations either of inter- est or of safety, they rushed into the conflict, and fighting "for principle, perilled all, in the sacred cause of freedom. Never was there exhibited in the history of the world higher examples of noble daring, dreadful suffering, and heroic endurance, than by the whigs of Carolina during the revolu- tion. The whole state,from the mountains to the sea, was overrun by an overwhelming force of the enemy. The fruits of industry perished on the spot where they were pro- duced, or were consumed by the foe. The " plains of Carolina " drank up the most precious blood of her citizens. Black and smoking ruins marked the places which had been the habitations of her children. Driven from their homes into the gloomy and almost impenetrable swamps, even there the spirit of liberty survived, and South Carolina (sustained by the example of her Sumpters and her Marions) proved, by her conduct, that though her soil might be overrun, the spirit of her people was invincible. But, sir, our country was soon called upon to engage in another revolutionary struggle, and that, too, was a struggle for principle. I mean the political revolution which dates back to '98, and which, if it had not been successfully achieved, would have left us none of the fruits of the revolution of '76. The revolution of '98 restored the constitution, rescued the liberty of the cit- izens from the grasp of those who were aim- ing at its life, and in the emphatic language of Mr. Jeflerson, "saved the constitution at its last gasp." And by whom was it achieved ? By the south, sir, aided only by the democracy of the north and west. I come now to the war of 1812 — a war, which, I will remember, was called in derision (while its event was doubtful) the southern war, and sometimes the Caro- lina war; but which is now universally ac- knowledged to have done more for the honor and prosperity of the country than all other events in our history put togeth- er. What, sir, were the objects of that war? "Free trade and sailors' rights!" It was for the protection of northern ship- ping and New England seamen that the country flew to arms. What interest liad the south in that contest? If they had sat down coldly to calculate the value of their interest involved in it, they would have found that they had every thing to lose, and nothing to gain. But, sir, with that generous devotion to country so character- istic of the south, they only asked if the rights of any portion of their fellr)w-citi- /.cns had been invaded ; and when told that northern ships and New England sea- men had been arrested on the common higiiway of nations, they felt that the hon- or of their country was a.s.sailed ; and act- BOOK III.] MR. HAYNE ON FOOT'S RESOLUTION. 37 inji; on that exalted sentiment "which feels astain liken wound," they resolved to seek, in o{)en war, for a redress of those injuries whieh it did not become freemen to en- dure. Sir, the wiiole south, animated as by a common impulse, cordially united in declaring and promoting that war. South Carolina sent to your councils, as the ad- vocates and supporters of that war, the noblest of her sons. How they fulfilled that trust let a grateful country tell. Not a measure was adopted, not a battle fouglit, not a victory won, which contributed, in any degree, to the success of that war, to which southern councils and southern valor did not largely contribute. Sir, since South Carolina is assailed, I must be suf- fered to speak it to her praise, that at the very moment when, in one quarter, we heard it solemnly proclaimed, " that it did not become a religious and moral jjcople to rejoice at the victories of our army or our navy," her legislature unanimously " Resolved, That we will cordially sup- port the government in the vigorous pros- ecution of the war, until a peace can be obtained on honorable terms, and we will cheerfully submit to every privation that may be required of us, by our government, for the accomplishment of this object." South Carolina redeemed that {)ledge. She threw 0])en her treasury to the gov- ernment. She put at the absolute disposal of the officers of the United States all that she possessed — her men, her money, and her arms. She appropriated half a million of dollars, on her own account, in defence of her maritime frontier, ordered a brigade of state troops to be raised, and when left to protect herself by her own means, never suffered the enemy to touch her soil, with- out being instantly driven off or captured. Such, sir, was the conduct of the south — such the conduct of my own state in that dark hour " which tried men's souls." When I look back and contem])late the spectacle exhibited at that time in another quarter of the Union — when I think of the conduct of certain portions of New P^ng- land, and remember the part which was acted on that memorable occasion by the Solitical associates of the gentleman from lassachusetts — nay, when I follow that gentleman into the councils of the nation, and listen to his voice during the darkest period of the war, I am indeed astonished that he should venture to touch upon the topics which he has introduced into thisde- bate. South Carolina reproached by Mas- sachusetts! And from whom docs this ac- cusation come? Not from the democracy of New England ; for they have been in times past, as they are now, the friends and alliens of the south. No, sir, the accusation comes from that party whose acts, during the most trying and eventful period of our national history, were of such a character, that their own legislature, but a few years ago, actually blotted them out from their records, as a stain upon the honor of the country, ikit how can they ever be blot- ted out from the recollection of any one who had a heart U) feel, a mind to com- prehend, and a memory to retain, the events of that day ! Sir, J shall not attempt to write the history of the ])iiny in New England to which I have alluded — the war party in peace, and the peace party in war. That task I shall leave to some future bio- grapher of Nathan Dane, and I doubt not it will be found quite easy to prove that the peace party of Massachusetts were the only defenders of their country during their war, and actually achieved all our victories by land and sea. In the mean- time, sir, and until that history shall be written, I propose, with the feeble and glimmering lights which I possess, to re- view the conduct of this party, in connec- tion with the war, and the events which immediately preceded it. It will be recollected, sir, that our great causes of quarrel Avith Great Britain were her depredations on the northern com- merce, and the impressment of New Eng- land seamen. From every quarter we were called upon for protection. Importunate as the west is now represented to be en another subj ect, the importunity of the east on that occasion was far greater. I hold in my hands the evidence of the fact. Here are petitions, memorials, and remon- strances from all parts of New England, setting forth the injustice, the oppressions, the depredations, the insults, the outrages committed by Great Britain against the unoffending commerce and seamen of New England, and calling upon Congress for redress. Sir, I cannot .stop to read these memorials. In that from Boston, alter stating the alarming and extensive con- demnation of our vessels by Great Britai]), which threatened "to sweep ourcommeice from the face of the ocean,'' and "to in- volve our merchants in bankruptcy," they call upon the government " to assert our rights, and to adopt such measures as will support the dignity and honor of the United States. From Salem we heard a language sti'l more decisive ; they call explicitly lor '" an appeal to arms," and pledge their lives ard property in support of any measures which Congress might adopt. From N\'wbury- port an appeal was nuule "to the ffrmne>s and justiceofthegovernment toobtain com- pensation and protection." It was here, I think, that, when the war was declared, it was resolved "to resist our own govern- ment even unto blood." (Olive Branch, p. 101.) In other quarters the common language of that day was, that our commerce and our seamen were entitled to protection ; and that 38 AMERICAN POLITICS. [book in it was the duty of tlie government to afford ' it at every hazard. The conduct of Great | Britain, we were then told, was " an out- rage upon our national independence." These clamors, which commenced as early as January, 1806, were continued up to 1812. In a message from the governor of one of the New England States, as late as the 10th October, 1811, this language is held : " A manly and decisive course has become indispensable ; a course to satisfy foreign nations, that, while we desire peace, we have the means and the spirit to repel aggression. We are false to our- selves when our commerce, or our terri- tory, is invaded with impunity." About this time, however, a remarkable change was observable in the tone and temper of those who had been endeavoring to force the country into a war. The lan- guage of complaint was changed into that of insult, and calls for protection converted into reproaches. "Smoke, smoke!" says one writer ; " my life on it, our executive has no more idea of declaring war than my grandmother." The committee of ways ami means," says another, " have come out with their Pandora's box of taxes, and yet nobody dreams of war." " Congress do not mean to declare war ; they dare not." But why multiply exam- ples ■? An honorable member of the other house, from the city of Boston, [Mr. Quincy,] in a speech delivered on the 3d April, 1812, says, " Neither promises, nor threats, nor asseverations, nor oaths will make me believe that you will go to Avar. The navigation states are sacrificed, and the spirit and character of the country prostrated by fear and avarice." " You cannot," said the same gentleman, on aaotlier occasion, "be kicked into a war." Well, sir, the war at length came, and what did we behold ? The very men wlio had been f )r six years clamorous for war, and for whose protection it was waged, became at once equally clamorous against it. They had received a miraculous visitation; a new light suddenly beamed upon their minds ; tlie scales fell from their eyes, and it was discovered that the war was declared from " subserviency to France ; " and that Congress, and the executive, " had sold themHclves to Naooleon ; " that Gnuit Bri- tain had in fact ' (lone us no essential in- jury;" that she was "the l)ul\vark of our religion;" that where "she took one of our ships, sh(! protected twenty;" and that, if Great Britain liad iinjjrcssed a few of our seamen, it was because "shcscouhl not distin^^uish them from tiieir own." And HO far did this spirit extend, that a com- mittee of the Ma- Hoiisi- of Ki-|iri'Huntiitiv(!B of Miusachiisetts, (2(10 to 2'JO ) (iel(^;;at'''( to tliU reinvention were or(icrc guhjcct "of their puhlic giii.'Viinccs an'l conrcrn-i," and npon "tho bpst moann of prcHorvinR their resonrcoM," and for procuring a roviMJon of the conMtitntion of th() United St:it«'H, " nioro oflertu- ally to geciiro tlin snjiport and attaelmient of all the jjcoplo, by placin;; all upon the hasis of fair rcprexen- tati on." Tho convention a«senihled at IFarlford on tho l.lth December, 1X14. On the next day It wiw Jlen'ilted, That the most inviolalilo secrecy Hliall bo nb- Borved by each niemlH-r of this convention, inclmlin); tho Bocretary, a* to all |iro[K)»ltlonH, debates, and proceedin'.rs thereof, until thin injunctiim shall bu snspendeil or al- tered. On the 24th of Dereniber, the Committee aiiiwilnted to prepare and ru|iorl u geuorul projuct uf uuch muutiuroH ua It is unnecessary to trace the matter farther, or to ask what would have been the next chapter in this history, if the measures recommended had been carried into effect ; and if, with the men and money of New England withheld from the government of the United States, she had been withdrawn from the war ; if New Or- leans had fallen into the hands of the ene- my ; and if, without troops and almost destitute of money, the Southern and the Western States had been thrown upon their own resources, for the prosecution of the war, and the recovery of New Orleans. Sir, whatever may have been the issue of the contest, the Union must have been dissolved. But a wise and just Providence, which " shapes our ends, roughhew them as we will," gave us the victory, and crowned our efibiis with a glorious peace. The ambassadors of Hartford were seen re- tracing their steps from Washington, " the bearers of the glad tidings of great joy." Courage and patriotism triumphed — the country was saved — the Union was pre- served. And are we, Mr. President, who stood by our country then, who threw open our coffers, who bared our bo.soms, who freely perilled all in that conflict, to be re- proached with want of attachment to the Union ? If, sir, we are to have lessons of patriotism read to us, they must come from a different quarter. The senator from may be proper for the convention to adopt, repotted among otlier things, — " 1. That it was expedient to recommend to the l.-x's- latures of the states the adoption of the most effectual and decisive meusures to protect tlie militia of the ^(t9,te3 from the usurpations contained in these procoed.'ngs." [The proceedings of Congress and the executive, iu rela- tion to the militia and the war.] " 2 That it wsis e.^pedient also to prepare a statement, exhibiting the necessity which the improvidence and in- ability of the general government have imposed upon tho states of I'roviding for their own defence, and the im- possibility of their discharging this duty, ani at tlie same time fulfilling the requisitions of fh.e genoral gov- ernment, and also to recommend to the legislatui-es of tho several states to make provision for mutual defonce. and to make an earnest application to the governmoTit of the United States, with a view to some arrangemenv whereby the state may be enabled to retain a portion of the taxes levied by Congress, for the purpose of self-delenco, and for the reimbursement of expenses already incurred on account of the United States. "3. That it is expedient to recommend to t^e several stite legislatures certain amendments to tho co. istitution, viz. — " That the power to declare or make war, bj the Con- gress of the United States, be restricted. " That it is expedient to attempt to make prevision for restraining Cosed " that tlie rajiacity of naturalized citizens to hold oflicesof trust, h(iiior, or profit ought to be restrained," ^'c. The subsequent proceedings are not given at large, Hut it seems lliat the report of the ennimiltee wa.s adopted, and also a rerciioiiiendation of certain ineiusuros (of tho cbariwter of wliieh we are not informed) to the states for their mutual defenre; and havini: voted that the injunc- tion of serrecy, in regard to all the debates and proceed- ings of the convention, (except so far as relates to the report finally adojited,) >>ook of their history. But this opens with u vast accession of strength, from their younger recruits, who, having nothing in them of the feelings and principles of '70, now look to a single and splendid government, Sec, riding and ruling over the plundered ploughman and beggared yeomanry." (vol. iv. PI). 411), 422.) The last chapter, says Mr. Jefferson, of that history, is to be found in the conduct of those who are endeavoring to bring about consolidation ; ay, sir, that very con- solidation for which the gentleman from Massachusetts is contending — the exercise by the federal goverment of powers not delegated in relation to " internal improve- ments" and " the protection of manufac- tures." And why, sir, does Mr. Jefferson consider consolidation as leading directly to disunion? Because he knew that the exercise, by the federal government, of the powers contended for, would make this " a government without limitation of I)Owers," the submission to which he con- sidered as a greater evil than disunion it- self. There is one chapter in this history, however, which Mr. Jefferson has not filled up ; and I must therefore supply the defi- ciency. It is to be found in the })rot(sts made by New England against the acquisi- tion of Louisiana. In relation to that sub- ject, the New England doctrine is thus laid down by one of her learned doctors of that day, now a doctor of laws, at the head of the great literary institution of the east ; I mean Josiah Quincy, president of Har- vard College. I quote from the speech delivered by that gentleman on the floor of Congress, on the occasion of the admis- sion of Louisiana into the LTnion. " Mr. Quincy repeated and justified a remark he had made, which, to save all misapprehension, he had committed to writing, in the following words : If this bill passes, it is my deliberate opinion that it is virtually a dissolution of the L'nion; that it will free the states from their moral oldi- gation; and as it will be the right of all, so it will be the duty of some, to ])re}):!re for a separation, amicably if they can, violently if they must." Mr. President, I wish it to be distinctly understood, that all the remarks I have made on this subject are intended to be exclusively api^lied to a jnirty, which I have destribed as the " jieace ])arty of New England" — embracing the political asso- ciates of the senator from 31 assachu setts — a jiarty which controlled the operations of that state during the embargo and the war, and who are justly chargeable with all the measures I have reprobated. Sir, nothing has been further from my thoughts than to iin]ieach the character or conduct of the people of New England. For their steady habits and h;irdy Virtues I trust I enter- 44 AMERICAN POLITICS. [book III. tain a becoming respect. I ftilly subscribe ' to the truth of the description given be- j fore the revolution, by one whose praise is the highest eulogy, " that the perseverance of Holland, the activity of France, and the dexterous and firm sagacity of English enterprise, have been more than equalled by this recent people." The hardy peo- ple of Xew England of the present day are worthy of their ancestors. Still less, Mr. President, has it been my intention to say anything that could be construed into a want of respect for that party, who, have been true to their principles in the worst of times ; I mean the democracy of Kew England. Sir, I will declare that, highly as I appre- ciate the democracy of the south, I con- sider even higher praise to be due to the democracy of New England, who have maintained their principles " through good and through evil report," who, at every period of our national history, have stood up manfully for " their country, their whole country, and nothing but their country." In the great political revolution of '98, they were found united with the democracy of the south, marching under the banner of the constitution, led on by the ijatriarch of liberty, in search of the land of politi- cal promise, which they lived not only to behold, but to possess and to enjoy. Again, sir, in the darkest and most gloomy period of the war, when our country stood single- handed against " the conqueror of the con- querors of the world," when all about and around them was dark and dreary, disas- trous and discouraging,they stood a Spartan band in that narrow pass, where the honor of their country was to be defended, or to find its grave. And in the last great strug- gle, involving, as we believe, the very ex- istence of the principle of popular sover- eignty, where were the democracy of New England? Where they always have been found, sir, struggling side by side, with their i)retliren of the south and the west for popular rights, and assisting in that tri- umph, by which the man of the people w.as elevated to the highest office in their gift. Who, then, Mr. President, arc the true friends of the Union? Those who would confine the federal government strictly within the limits prescribed by the consti- tution ; who would preserve to the states and tlie peo|)ie ail powers not expressly delegated; wlio would make this ii federal and not a national Unifjn, and who, ad- ministering the government in a sjiirit of equal justice, would make it a blessing, and not a curse. And who arc; its ene- mies? Those who are in favor of con- sf)lidation ; who are constantly stealing l)Ower from tlie states, and adding strength to the federal government; who, assuming an unwarrantable jurisdiction over the states and the people, undertake to regu- late the whole industry and capital of the country. But, sir, of all descriptions of men, I consider those as the worst enemies of the Union, who sacrifice the equal rights which belong to every member of the con- federacy to combinations of interested ma- jorities, for personal or political objects. But the gentleman apprehends no evil from the dependence of the states on the federal government ; he can see no danger of corruption from the influence of money or of patronage. Sir, I know that it is supposed to be a wise saying that " patron- age is a source of weakness ;" and in sup- port of that maxim, it has been said, that " every ten appointments make a hundred enemies." But I am rather inclined to think, with the eloquent and sagacious orator now reposing on his laurels on the banks of the Roanoke, that " the power of conferring favors creates a crowd of de- pendants ;" he gave a forcible illustration of the truth of the remark, when he told us of the effect of holding up the savory morsel to the eager eyes of the hungry hounds gathered around his door. It mat- tered not whether the gift was bestowed on Towzer or Sweetlipg, " Tray, Blanche, or Sweetheart ;" while held in suspense, they were governed by a nod, and when the mor- sel was bestowed, expectation of favors of to-morrow kept up the subjection of to-day. The senator from Massachusetts, in de- nouncing what he is pleased to call the Carolina doctrine, has attempted to throw ridicule upon the idea that a state has any constitutional remedy, by the exercise of its sovereign authority, against "a gross, palpable, and deliberate violation of the constitution." He calls it "an idle" or " a ridiculous notion," or something to that effect, and added, that it would make the Union a " mere rope of sand." Now, sir, as the gentleman has not condescended to enter into any examination of the question, and has been satisfied with throwing the weight of his authority into the scale, I do not deem it necessary to do more than to throw into the opposite scale the author- ity on which South Carolina relies; and there, for the present, I am perfectly will- ing to leave the controversy. The South Carolina doctrine, that is to say, the doc- trine contained in an exposition reported by a committee of the legislature in De- cember, 1.S28, and published by their au- thority, is the good old repui)lican doctrine of '!)8— the doctrine of the celebrated "VirLMnia Resolutions" of that year, and of " ALidison's Report" of '99. It will be recollected that the legislature of Virginia, in December, '9S, took into consideration the alien ami secHtionlaws, then considered by all republicans .as a gross violation of the constitution of the United States, and on that day passed, among others, the fol- lowing resolutions,— BOOK III.] MR. HAYNE ON FOOT'S RESOLUTION. 45 "The General Assembly doth explicitly and pereniptDrily declare, that it views the powers of the federal government, as re- sulting from the compact to which the states arc parties, as liiuitod by tiie plain sense and intention of the instrument con- stituting that compact, as no further valid than they are authorized by the grants enumerated in that compact; and that in case of a deliberate, jSalpable, and danger- ous exercise of other powers not granted by the said compact, the states who are parties thereto have the right, and are in duty bound, to interpose for arresting the progress of the evil, and for maintaining, witliin their respective limits, authorities, rights, and liberties, belonging- to them." In addition to tlie above resolution, the General Assembly of Virginia " apjiealcd to the other states, in the confidence that they would concur with that common- wealth, that the acts aforesaid [the alien and sedition laws] are unconstitutional, and that the necessary and proper mea- sures would be taken by each for co-operat- ing with Virginia in maintaining un- impaired the authorities, rights, and liber- ties reserved to the states resijeetively, or to the people." The legislatures of several of the New England States, having, contrary to the expectation of the legislature of Virginia, expressed their dissent from these doc- trines, the subject came up again for consideration during the session of 1799, 1800, when it was referred to a select com- mittee, by whom was made that celebrated report which is familiarly known as " Madison's Report," and which deserves to last as long as the constitution itself. In that, report, which was subsequently adopted by the legislature, the whole sub- ject was deliberately re-examined, and the objections urged against the Virginia doc- trines carefully considered. The result was, that the legislature of Virginia re- affirmed all the principles laid down in the resolutions of 1798, and issued to the world that admirable report which has stamped the character ol' ]\Ir. Madison as the pre- server of that constitution which he had contributed so largely to create and estab- lish. I will here quote from Mr. Madison's report one or two passages which bear more immediately on the point in contro- versy. " The resolutions, having taken this view of the federal compact, jiroceed to infer ' that in case of a deliberate, palpa- ble, and dangerous exercise of other powers the states who are parties thereto have the right, and are in duty bound, to interpose for arresting the progress of the evil, and for maintaining, within their respective limits, the authorities, rights, and liberties apnertaining to them.' " It appears to your committee to be a plain principle, founded in common sense, illustrated by common practice, and cs.sen- tial to the nature of conij)acts, that, where resort can l)e had to no tribunal superior to the authority of the j)artics, the jjarties themselves must be the rightful jutiges in the last resort, whether the bargain made has been jmrsued or violated. The con- stitution of the United States was formed by the sanction of the states, given by each in its sovereign capacity. It adds to the stability and dignity, as well as to the au- thority, of the constitution, that it rests upon this legitimate and solid foundation. The states, then, being the parties to the (Vanstitutional com]jact, and in their sov- ereign capacity, it follows of necessity that there can be no tribunal above their au- thority, to decide, in the last resort, wheth- er the compact made by them be violated, and consequently that, as the parties to it, they must decide, in the last resort, such questions as may be of sufficient magni- tude to retjuire their interposition." " The resolution has guarded against any misapprehension of its object by ex- pressly requiring for such an interposition 'the case of a deliberate, palpable, and dangerous breach of the constitution, by the exercise of powers not granted by it.' It must be a case, not of a light and tran- sient nature, but of a nature dangerous to the great purposes for^which the constitu- tion was established. " But the resolution has done more than guard against misconstructions, by ex- pressly referring to cases of a deliberate, palpable, and dangerous nature. It speci- fies the object of the interposition, which it contemplates, to be solely that of arrest- ing the progress of the evil of usurpation, and of maintaining the authorities, rights, and liberties api)ertaining to the states, as parties to the constitution. " From this view of the resolution, it would seem inconceivable that it can in- cur any just disaj^probation from those who, laying aside all momentary imj)ress- ions, and recollecting the genuine source and object of the federal constitution, shall candidly and accurately interpret the meaning of the General Assembly. If the deliberate exercise of dangerous powers, palpably withheld by the constitution, could not justify the parties to it in inter- posing even so far as to arrest the progress of the evil, and thereby to preserve the constitution itself, as well as to ])rovide for the safety of the parties to it, there would be an ctkI to all relief from usurped jiower, and a direct subversion of the rights speci- fied or recoganized under all the state constitutions, as well as a jilain denial of the fundamental principles on which our independence itself was declared." But, sir, our authorities do not stop here. The state of Kentucky responded to Vir- ginia, and on the lOth of November, 1798, 46 AMERICAN POLITICS, [book hi. adopted those celebrated resolutions, well known to have been penned by the author of the Declaration of American Independ- ence. In those resolutions, the legishiture of Kentucky declare, "that the govern- ment created by this compact was not made the exclusive or final judge of the extent of the powers delegated to itself, since that would have made its discretion, and not the constitution, the measure of its powers ; but that, as in all other cases of compact among parties having no com- mon judge, each party has an equal right to judge, for itself, as well of infractions as of the mode and measure of redress." At the ensuing session of the legislature, the subject was re-examined, and on the 14th of November, 1799, the resolutions of the preceding year were deliberately reaf- firmed, and it was, among other things, sol- emnly declared, — "That, if those who administer the gen- eral government be permitted to transgress the limits fixed by that compact, by a total disregard to the special delegations of power therein contained, an annihilation of tlie state governments, and the erection upon their ruins of a general consolidated government, will be the inevitable conse- quence. That the principles of construc- tion contended for by sundry of the state legislatures, that the general government is the exclusive judge of the extent of the powers delegated to it, stop nothing short of despotism ; since the discretion of those who administer the government, and not the constitution, would be the measure of their powers. That the several states who formed that instrument, being sovereign and independent, have the unquestionable right to judge of its infraction, and that a nullification, by those sovereignties, of all unauthorized acts done under color of that instrument, is the rightful remedy." Time and experience confirmed Mr. Jefferson's opinion on this all important point. In the year 1821, he expressed nimself in this emphatic manner: "It is a fatal heresy to suppose that either our state governments are superior to the fed- eral, or the federal to the state ; neither is authorized literally to decide which be- longs to itself or its copartner in govern- ment; in dilferences of opinion, between their diHerfiit sets of public servants, the a;)peal is to neither, but to their employ- ers peaceably assembled by their repre- sentatives in convention." The opinion of Mr. Jefferson on this subject has been so repeatedly and so solemnly expressed, that they may be said to have been the most fixed and settled convictions of his mind. In the ])rot(-race« the very principles, the triumph of which, at that time, saved the constitution at its last gasp, and which New England states- men were not unwilling to adopt, when they believed themselves to be the victims of unconstitutional legislation. Sir, as to the doctrine that the federal government is the exclusive judge of the extent as well as the limitations of its powers, it seems to me to be utterly subversive of the sovereignty and independence of the states. It makes hut little difi'erence, in my estimation, whether Congress or the Supreme Court are invested with this power. If the federal government, in all, or any, of its depart- ments, is to prescribe the limits of its own authority, and the states are bound to sub- mit to the decision, and are not to be al- lowed to examine and decide for them- selves, when the barriers of the constitution shall be overleaped, this is practically " a government without limitation of j)owers," The states are at once reduced to mere petty corporations, and the people are en- tirely at your mercy, I have but one word more to add. In all the efforts that have been made by South Carolina to resist the unconstitutional laws which Congress has extended over them, she has kejit steadily in view the preservation of the Uiii(m, by the only means by which she believes it can be long preserved — a firm, manly, and steady resistance against usurpation. The measixres of the federal government have, it is true, prostrated her interests, and will soon involve the whole south in irretriev- able ruin. But even this evil, great as it is, is not the ciiief ground of our complaints. It is the princi})le involved in the contest — a principle which, substituting the dis- cretion of Congress for the limitations of the constitution, brings the states and the people to the feet of the federal govern- ment, and leaves them nothing they can call their own. Sir, if the measures of the federal government were less o]>i>ressive, we should still strive against this usurpa- tion. The south is acting on a principle she has always held sacred — resistance to unauthorized taxation. These, sir, are the Iirinciples which induced the immortal Iiami)den to resist the payment of a tiix of twenty shillings. Would twenty shil- lings have ruined his fortune? No! but the payment of half twenty shillings, on the principle on which it was demanded, would have made him a slave. Sir, if act- ing on these high motives — if animated by that ardent love of liberty- which has always l)een the most prominent trait in the south- ern character — we should be hurried be- yond the bounds of a cold and caU'ulating prudence, who is there, with one noble and 48 AMERICAN POLITICS. [book III. generous sentiment in liis bosom, that wjiild not be disposed, in the language of Burke, to exclaim, "You must pardon something to the spirit of liberty? " AVebster'8 Great Reply to Hayme, In which he " Expovuds the Coistihilion," delUered in Isenate, Junuari/ 26, iS30. Following Mr. Hayne in the debate, Mr. Webster addressed ' the Senate as fol- lows : — Mr. President: When the mariner has been tossed, for many days, in thick weather, and on an unknown sea, he natu- rally avails himself of the first pause in the storm, the earliest glance of the sun, to take his latitude, and ascertain how far the elements have driven him from his true course. Let us imitate this prudence, and before we float farther, refer to the point from which we departed, that we may at least be able to conjecture where we now are. I ask for the reading of the resolu- tion. [The Secretary read the resolution as follows ; " Resolved, That the committee on pub- lic lands be instructed to inquire and re- port the quantity of the public lands remaining unsold" within each state and territory, and whether it be expedient to limit, for a certain period, the sales of the Eublic lands to such lands only as have cretofcjre been offered for sale, and are now subject to entry at the minimum price. And, also, whether the ofnce of surveyor general, and some of the land offices, may not be abolished without detriment to the publia interest; or whether it be expedient to adopt measures to hasten the sales, and extend more rapidly the surveys of the public lands."] We have thus heard, sir, what the reso- lution is, which is actually before us for consideration ; and it will readily occur to every one that it is almost the only subject about which something has not been said in the speech, running through two days, by which tlie Senate has been now enter- tained by the gentleman from SM likely than such a comparison to wound my pride of personal character. The an- ger of its tone rescued the remark from 50 AMERICAN POLITICS. [book III. intentional irony, which otherwise, pro- bably, would have been its general accep- tation. But, sir, if it be imagined that by this mutual quotation and commendation ; if it be supposed that, by casting the characters of the drama, assigning to each his part, — to one the attack, to another the cr}' of onset, — or if it be thought that by a loud and empty vaunt of anticipated victor}' any laurels are to be won here ; if it be imagined, especially, that any or all these things will shake any purpose of mine, I can tell the honorable member, once for all, that he is greatly mistaken, and that he is dealing with one of whose temper and character he has yet much to learn. Sir, I shall not allow myself, on this occasion — I hope on no occasion — to be betrayed into any loss of temper ; but if provoked, as I trust I never shall allow myself to be, into crimination and recrimi- nation, the honorable member may, per- haps, find that in that contest there will be blows to take as well as blows to give ; that others can state comparisons as signi- ficant, at least, as his own; and that his impunity may, perhaps, demand of him whatever powers of taunt and sarcasm he may possess. I commend him to a pru- dent husbandry of his resources. But, sir, the coalition ! The coalition ! Aye, " the murdered coalition ! " The gentleman asks if I were led or frighted into this debate by the spectre of the coali- tion. " Was it the ghost of the murdered coalition," he exclaims, "which haunted the member from Massachusetts, and which, like the ghost of Banquo, would never down?" "The murdered coali- tion ! " Sir, this charge of a coalition, in reference to the late administration, is not original with the honorable member. It did not spring up in the Senate. Whether as a fact, as an argument, or as an embel- lishment, it is all borrowed. He adopts it, indeed, from a very low origin, andastill lower present condition. It is one of the thousand calumnies with which the press teemed during an excited political can- vass. It was a charge of which there was not only no proof or probability, but which was, in itself, wholly impossible to be true. No man of common information ever believed a syllable of it. Yet it was of that cla.s3 of falsehoods which, by con- tinued repetition through all the organs of detraction and abuse, are capable of mis- leading those who are alrcafly far misled, and of further fanning passion already kindling into flame. Doubtless it served its day, and, in a greater or less degree, the end designed by it. Having done that, it has sunk into the general mass of stale and loathed ciilumnies. It is the very ciist- off slough of a polluted and shameless press. Incapable of further mischief, it lies in the eewer lifeless and despised. It is not now, sir, in the power of the honora- ble member to give it dignity or decency, by attempting to elevate it, and to intro- duce it into the Senate. He cannot change it from what it is — an object of general disgust and scorn. On the contrary, the contact, if he choose to touch it, is more likely to drag him down, down, to the place where it lies itself. But, sir, the honorable member was not, for other reasons, entirely happy in his al- lusion to the story of Banquo's murder and Banquo's ghost. It was not, I think, the friends, but the enemies of the murdered Banquo, at whose bidding his spirit would not down. The honorable gentleman is fresh in his reading of the English classics, and can put me right if I am wrong ; but according to my poor recollection, it Avas at those who had begun with caresses, and ended with foul and treacherous murder, that the gory locks were shaken. The ghost of Banquo, like that of Hamlet, was \ an honest ghost. It disturbed no innocent man. It knew where its appearance would strike terror, and who would cry out A ghost ! It made itself visible in the right quarter, and compelled the guilty, and the conscience-smitten, and none others, to start, with, " Prithee, see there ! behold ! — look ! lo ! If I staud here, I saw him ! " Their eyeballs were seared — was it not so, sir? — who had thought to shield them- selves by concealing their own hand and laying the imputation of the crime on a low and hireling agency in wickedness; who had vainly attempted to stifle the workings of their own coward consciences, by circulating, through white lips and chattering teeth, "Thou canst not say I did it!" I have misread the great poet, if it was those who had no way partaken in the deed of the death, who either found that they were, or feared that they shovid be, pushed from their stools by the ghost of the slain, or who cried oixt to a spectre created by their own fears, and their own remf)rse, " Avauiit! and quit our sight! There is another particular, sir, in which the honorable member's quick per- ception of resemblances might, I should think, have seen something in the story of Banquo, making it not altogether a sub- ject of the most pleasant contemplation. Those who murdered Banquo, wliat did they win by it? Substantial good? Per- manent power? Or disappointment, rath- er, and sore mortification — dust and ashes — the common fate of vaulting ambition overleaping itsself? Did not even-handed justice, ere long, commend the poisoned chalice to their own lips? Did thcv not soon find that for another they had filed their mind?" that their ambition though apparently for the moment successful, had BOOK III.] WEBSTER'S GREAT REPLY TO HAYNE. 51 but put a barren sceptre in their grasp ? Aye, sir,— " A barren sceptre in their gripo, Thence to be rorenched by an unlineal }iand. No eon of theirs lucceeding." Sir, I need pursue the allusion no fur- ther. I leave the honorable gentleman to run it out at his leisure, and to derive from it all the gratification it is calculated to administer. If he finds himself pleased with the associations, and prepared to be quite satisfied, though the parallel should be entirely completed, I had almost said I am satisfied also — but that I shall think of. Yes, sir, I will think of that. In the course of my observations the oth- er day, Mr. President, I paid a passing tribute of respect to a very worthy man, Mr. Dane, of Massachusetts. It so hap- pened that he drew the ordinance of 1787 for the government of the North-western Territory. A man of so much ability, and 80 little pretence ; of so great a capacity to do good, and so unmixed a disposition to do it for its own sake ; a gentleman who acted an important part, forty years ago, in a measure the inflnence of which is still deeply felt in the very matter which was the subject of debatf>, might, I thought, re- ceive from me a commendatory recogni- tion. But the honorable gentleman was in- clined to be facetious on the subject. He was rather disposed to make it a matter of ridicule that I had introduced into the de- bate the name of one Nathan Dane, of whom he assures un he had never before heard. Sir, if the honorable member had never before hea'^d of Mr. Dane, I am sorry tor it. It shows him less acquainted with the public men of the country than I had supposed. Let me tell him, however, that a sneer f:/^ m him at the mention of the name of Ivfr, Dane is in bad taste. It may well be a high mark of ambition, sir, either with the honorable gentleman or myself, to accomplish as much to make our names known to advantage, and re- membered with gratitude, as Mr. Dane has accomplished. But the truth is, sir, I sus- pect that Mr. Dane lives a little too far north. He is of Massachusetts, and too near the north star to be reached by the honorable gentleman's telescope. If his sphere had happened to range south of Mason and Dixon's line, he might, prob- ably, have come within the scope of his vision ! I spoke, sir, of the ordinance of 1787, which prohibited slavery in all future times north-west of the Ohio, as a measure of great wisdom and foresight, and one which had been attended with highly beneficial and permanent consequences. I suppose that on this point no two gentle- men in the Senate could entertain different opinions. But the simple expression of this sentiment has led the gentlenum, not only into a labored defence of slavery in the abstract, and on principle, but also into a warm accusation against me, as having attacked the system of slavery now exist- ing in the Southern States. For all this there was not the slightest foundation in anything said or intimated by me. I did not utter a single word which any ingenu- ity could torture into an attack on the slavery of the South. I said only that it was highly wise and useful in legislating for the north-western country, while it was yet a wilderness, to prohibit the introduc- tion of slaves ; and added, that I presumed, in the neighboring state of Kentucky, there was no reflecting and intelligent gentleman who would doubt that, if the same prohibition had been extended, at the same early period, over that common- wealth, her strength and population would, at this day, have been far greater than they are. If these opinions be thought doubtful, they are, nevertheless, I trust, neither ex- traordinary nor disrespectful. They at- tack nobody and menace nobody. And yet, sir, the gentleman's optics have dis- covered, even in the mere expression of this sentiment, what he calls the very spirit of the Missouri question ! He rep- resents me as making an attack on the whole south, and manifesting a spirit which would interfere with and disturb their domestic condition. Sir, this in- justice no otherwise surprises me than as it is done here, and done without the slightest pretence of ground for it. I say it only surprises me as being done here ; for I know full well that it is and has been the settled policy of some persons in the south, for years, to represent the people of the north as disposed to interfere with them in their own exclusive and peculiar concerns. This is a delicate and sensitive point in southern feeling ; and of late years it has always been touched, and generally with effect, whenever the object has been to unite the whole south against northern men or northern measures. This feeling, always carefully kept alive, and maintained at too intense a heat to admit discrimina- tion or reflection, is a lever of great power in our political machine. It moves vast bodies, and gives to them one and the same direction. But the feeling is without adequate cause, and the suspicion which exists wholly groundless. There is not, and never has been, a disposition in the north to interfere with these interests of the south. Such interference has never been supposed to be within the power of the government, nor has it been in any way attempted. It has always been regarded as a matter of domestic policy, left with the states themselves, and with which the federal government had nothing to do. 52 AMERICAN POLITICS. [book III. Certainly, sir, I am, and ever had been, of that opinion. The gentleman, indeed, argues that slavery in the abstract is no evil. Most assuredly I need not say I dif- fer with him altogether and most widely on that point. I regard domestic slavery as one of the greatest evils, both moral and political. But, though it be a malady, and whether it be curable, and if so, by what means ; or, on the other hand, whether it be the culnus immedicahile of the social system, I leave it to those whose right and dutj' it is to inquire and to decide. And this I believe, sir, is, and uniformly has been, the sentiment of the north. Let us look a little at the history of this matter. When the present constitution was sub- mitted for the ratification of the people, there were those who imagined that the powers of the government which it pro- posed to establish might, perhaps, in some possible mode, be exerted in measures tending to the abolition of slavery. This suggestion would, of course, attract much attention in the southern conventions. In that of Virginia, Governor Randolph said : — " I hope there is none here, who, consi- dering the subject in the calm light of phi- losophy, will make an objection dishonora- ble to Virginia — that, at the moment they are securing the rights of their citizens, an objection is started, that there is a spark of hope that those unfortunate men now held in bondage may, by the operation of the geijeral government, be made free." At the very first Congress, petitions on the subject were presented, if I mistake not, from different states. The Pennsylva- nia Society for promoting the Abolition of Slaverj', took a lead, and laid before Con- gress a memorial, praying Congress to pro- mote the abolition by such powers as it possessed. This memorial was referred, in the House of Representatives, to a select committee, consisting of Mr. Foster, of New Hampshire, Mr. Gerry, of Massachu- setts, Mr. Huntington, of Connecticut, Mr. Lawrence, of New York, Mr. Dickin- son, of New Jersey, Mr. Hartley, of Penn- sylvania, and Mr. Parker, of Virginia ; all of them, sir, as you will observe, northern men, but the last. This committee made a report, which was committed to a commit- tee of the whole house, and there consid- ered and discus-sed on several days ; and being amended, although in no material respect, it was ma( these lands as a favorite source of pecuniary in- come. No such thing. It is not my view. What I have said, and what I do say, is, that they are a common fund — to be dis- posed of for the common benefit — to be sold at low prices, for the accommodation ol settlers, keeping the object of settling the lands as much in view as that of raising money from them. This I say now, and this i have always said. Is this hugging them as a favorite treiusure? Is there no difference between hugging and hoard- ing this fund, on the one hand, as a great 56 AMERICAN POLITICS. [book III. treasure, and on the other of disposing of it at low prices, placing the proceeds in the general treasury of the Union ? My opin- ion is, that as much is to be made of the land, as fair and reasonably may be, selling it all the while at such rates as to give the fullest effect to settlement. This is not giving it all away to the states, as the gen- tleman would propose ; nor is it hugging the fund closely and tenaciously, as a fa- vorite treasure ; but it is, in my judgment, a just and wise policy, perfectly according with all the various duties which rest on government. So much for my contradic- tion. And what is it? Where is the ground of the gentleman's triumph ? What inconsistency, in word or doctrine, has he been able to detect? Sir, if this be a sam- ple of that discomfiture with which the honorable gentleman threatened me, com- mend me to the word discomfiture for the rest of my life. But, after all, this is not the point of the debate; and I mubt bring the gentleman back to that which is the point. The real question between me and him is , Where has the doctrine been advanced, at the south or the east, that the popula- tion of the west should be retarded, or, at least, need not be hastened, on account of its effect to drain off the people from the Atlantic States? Is this doctrine, as has been alleged, of eastern origin? That is the question. Has the gentleman found any- thing by which he can make good his ac- cusation ? I submit to the Senate, that he has entirely failed ; and as far as this de- bate has shown, the only person who has advanced such sentiments is a gentleman from South Carolina, and a friend to the honorable member himself. This honor- able gentleman has given no answer to this; there is none which can be given. This simple fact, while it requires no com- ment to enforce it, defies all argument to refute it. I could refer to the speeches of another southern gentleman, in years be- fore, of the same general character, and to the same effect, as that which has been quoted ; but I will not consume the time of the Senate by the reading of them. So then, sir. New England is guiltless of the policy of retarding western population, and of all envy and jealousy of the growth of the new states. Whatever there be of that policy in the country, no part of it is hers. Ifithiisalocal ha])itation, the honor- able member has probal)ly seen, by this time, where he is to look for it; and if it now hsis received a name, he himself has christened it. We a[)proach, at length, sir, to a more impf)rtant part of the honf)ral)le gentle- man's f)bHervatioiis. Since it does not ac- cord with my views of justice and ]»olicy, to vote away the public lands altoircthcr, aa mere matter of gratuity, I am aaked, by the honorable gentleman, on what ground it is that I consent to give them away in particular instances. How, he inquires, do I reconcile with these professed senti- ments my support of measures appropri- ating portions of the lands to particular roads, particular canals, particular rivers, and particular institutions of education in the west? This leads, sir, to the real and wide difference in political opinions be- tween the honorable gentleman and my- self. On my part, I look upon all these objects as connected with the common good, fairly embraced in its objects and its terms ; he, on the contrary, deems them all, if good at all, only local good. This is our difference. The interrogatory which he proceeded to put, at once explains this difference. " What interest," asks he, " has South Carolina in a canal in Ohio?" Sir, this very question is full of significance. It develops the gentleman's whole political system ; and its answer expounds mine. Here we differ toto ccelo. I look upon a road over the Alleghany, a canal round the falls of the Ohio, or a canal or railway from the Atlantic to the western waters, as being objects large and extensive enough to be fairly said to be for the common benefit. The gentleman thinks otherwise, and this is the key to open his construction of the powers of the government. He may well ask, upon his system. What in- terest has South Carolina in a canal in Ohio? On that system, it is true, she has no interest. On that system, Ohio and Carolina are different governments and different countries, connected here, it is true, by some slight and ill-defined bond of union, but in all main respects separate and diverse. On that system, Carolina has no more interest in a canal in Ohio than in Mexico, The gentleman, therefore, only follows out his own principles ; he does no more than arrive at the natural conclusions of his own doctrines ; he only announces the true results of that creed which he has adopted himself, and would persuade others to adopt, when he thus declares that South Carolina has no inter- est in a public work in Ohio. Sir, Ave nar- row-minded people of New England do not reason thus. Our notion of things is entirely different. We look u])on the states not as separated, but as united. We love to dwell on that Union, and on the mutual happiness which it has so much promoted, and the common renown which it has so greatly contributed to acquire. In our con- tenijilation, Carolina ancl Ohio are parts of the same country — states united under the same general government, having interests common, associateil, intermingled. In whatever is within the proper sphere of the eorislitufional power of this government, we look npon the states as one. We do not impose geographical limits to our patri- BOOKiii.] WEBSTER'S GREAT REPLY TO HAYNE. otic feeling or regard; we do not follow rivers, and mountains, and lines of latitude, to find boundaries beyond which public improvements do not benefit us. We, who come here as agents and representatives of those narrow-minded and selfish men of New England, consider ourselves as bound to regard, with equal eye, the good of the whole, in whatever is within our power of legislation. Sir, if a railroad or canal, beginning in South Carolina, appeared to me to be of national importance and nation- al magnitude, believing as I do that the power of government extends to the en- couragement of works of that description, if I were to stand up here and ask, " What interest has Massachusetts in a railroad in South Carolina?" I should not be willing to face my constituents. These same narrow- minded men would tell me that they had sent me to act for the whole country, and that one who possessed too little compre- hension, either of intellect or feeling — one who was not large enough, in mind and heart, to embrace the whole — was not fit to be intrusted with the interest of any part. Sir, I do not desire to enlarge the powers of government by unjustifiable construc- tion, nor to exercise any not within a fair interpretation. But when it is believed that a power does exist, then it is, in my judgment, to be exercised for the general Denefit of the whole : so far as respects the exercise of such a power, the states are one. It was the very great object of the constitution to create unity of interests to the extent of the powers of the general government. In war and peace we are one; in commerce one; because the author- ity of the general government reaches to war and peace, and to the regulation of commerce. I have never seen any more difficulty in erecting lighthouses on the lakes than on the ocean ; in improving the harbors of inland seas, than if they were within the ebb and flow of the tide ; or of removing obstructions in the vast streams of the west, more than in any work to facili- tate commerce on the Atlantic coa.st. If there be power for one, there is power also for the other ; and they are all and equally for the country. There are other objects, apparently more local, or the benefit of which is less general, towards which, nevertheless, I have con- curred with others to give aid by donations of land. It is proposed to construct a road in or through one of the new states in which the government possesses large quantities of land. Have the United States no right, as a great and untaxed proprietor — are they under no obligation — to con- tribute to an object thus calculated to pro- mote the common good of all the pro- prietors, themselves included? And even with respect to education, Avhich is the ex- treme case, let the question be considered. In the first place, as we have seen, it was made matter of compact with these states that they should do their part to jironiote education. In the next place, our whole system of land laws i)rocceds on the idea that education is for the common good; because, in every division, a certain por- tion is uniformly reserved and appropriated for the use of schools. And, finally have not these new states singularly strong claims, founded on the ground already stated, that the government is a great un- taxed proprietor in the ownersliip of the soil? It is a consideration of great im- portance that probably there is in no part of the country, or of the world, so great a call for the means of education as in those new states, owing to the vast number of pereons within those ages in which educa- tion and instruction are usually received, if received at all. This is the natural con- sequence of recency of settlement and rapid increase. The census of these states shows how great a proportion of the whole population occupies the classes between infancy and childhood. These are the wide fields, and here is the deep and quick soil for the seeds of knowledge and virtue ; and this is the favored season, the spring time for sowing them. Let them be dis- seminated without stint. Let them be scattered with a bountiful broadcast. Whatever the government can fairly do towards these objects, in my opinion, ought to be done. These, sir, are the grounds, succinctly stated, on which my vote for grants of lands for particular objects rest, while I main- tain, at the same time, that it is all a com- mon fund, for the common benefit. And reasons like these, I presume, have in- fluenced the votes of other gentlemen from New England. Those who have a differ- ent view of the powers of the government, of course, come to different conclusions on these as on other questions. I observed, when speaking on this subject before, that if we looked to any measure, whether for a road, a canal, or any thing else intended for the improvement of the west, it would be found, that if the New England ayes were struck out of the list of votes, the southern noes would always have rejected the measure. The truth of this has not been denied, and cannot be denied. In stating this, I thought it just to ascribe it to the constitutional scruples of the south, rather than to any other less favorable or less charitable cause. But no sooner had I done this, than the honorable gen- tleman asks if I reproach him and his friends with their constitutional scrupK-s. Sir, I reproach nobody, I stated a fact, and gave the most respectful reason for it that occurred to me. The gentleman can- not deny the fact — he may. if he choose, disclaiui the reason. It is not long since 58 AMERICAN POLITICS. [book III. I had "occasion, in presenting a petition from his own state, to account for its being intrusted to my hands by saying, that the constitutional opinions of the gentleman and his worthy colleague prevented them from supporting it. Sir, did I state this as a matter of reproach ? Far from it. Did I attempt to find any other cause than an honest one for these scruples ? Sir, I did not. It did not become me to doubt, nor to insinuate that the gentleman had either changed his sentiments, or that he _ had made" up a set of constitutional opinions, accommodated to any particular combina- tion of political occurrences. Had I done so, I should have felt, that while I was en- titled to little respect in thus questioning other people's motives, I justified the whole world in suspecting my own. But how has the gentleman returned this respect for others' opinions? His own candor and justice, how have they been exhibited towards the motives of others, while he has been at so much pains to maintain— what nobody has disputed — the purity of his own ? Why, sir, he has asked when, and how, and why New England votes were found going for measures favor- able to the west; he has demanded to be informed whether all this did not begin in 1825, and while the election of President was still pending. Sir, to these questions retort would be justified ; and it is both cogent and at hand. Nevertheless, I will answer the inquiry not by retort, but by facts. I will tell the gentleman u-hen, and how, and why New England has supported measures favorable to the west. I have already referred to the early history of the government — to the first acquisition of the lan(ls — to the original laws for disposing of tliem and for governing the territories where they lie ; and have shown the in- fluence of New England men and New England principles in all these leading measures. I should not be pardoned were I to go over that ground again. Coming to more recent times, and to measures of a less general character, I have endeavored tf) prove tluit every thing of this kind de- signed for western improvement has de- pended on the votes of New England. All tliis is true beyond the power of contradic- tion. And now, sir, there are two measures to which I will refer, not so ancient as to ])e- long to the early history of the public lands, and not so recent as to be on this side of the period when the gentleman charitably imagines a new direction may have bccli given to New England feeling and New England votes. These measures, and the New England votes in support oi' ihvm, may be taken as samples and speci- mens of all the rest. In 1«20, (observe, Mr. President, in 1820,) the peoule of the west besought Congress for a reduction in the price of lands. In favor of that reduc- tion. New England, with a delegation of forty members in the other house, gave thirty-three votes, and one only against it. The "four Southern States, with fifty mem- bers, gave thirty-two votes for it, and seven against it. Again, in 1821, (observe again, sir, the time,) the law passed for the relief of the purchasers of the public lands. This was a measure of vital importance to the west, and more especially to the south- west. It authorized the relinquishment of contracts for lands, which had been entered into at high prices, and a reduction, in other cases, of not less than STi per cent, on the purchase money. Many millions of dollars, six or seven I believe at least, — probably much more, — were relinquished by this law. On this bill New England, with her forty members, gave more affirma- tive votes than the four Southern States with their fiftj'-two or three members. These two are far the most important measures respecting the public lands which have been adopted within the last twenty years. They took place in 1820 and 1821. That is the time when. And as to the manner how, the gentleman already sees that it was by voting, in solid column, for the required relief; and lastly, as to the cause why, I tell the gentleman, it was be- cause the members from New England thought the measures just and salutary ; because they entertained towards the Avest neither envy, hatred, nor malice; because they deemed it becoming them, as just and enlightened public men, to meet the exi- gency which had arisen in the west with the appropriate measure of relief ; because they felt it due to their own characters of their New England predecessors in this government, to act towards the new states in the spirit of a liberal, patronizing, mag- nanimous policy. So much, sir, for the cause why ; and I hope that by this time, sir, the honorable gentleman is satisfied; if not, I do not know when, or how, or why, he ever will be. Having recurred to these two important measures, in answer to the gentleman's in(iuiries, I must now beg permission to go back to a period still something earlier, for the ])urp()se still further of showing how much, or rather how little reason there is for the gentleman's insinuation that politi- cal hopes, or fears, or party associations, were the grounds of these New England votes. And after what has been said, I hope it may be forgiven me if I allude to some jiolitical opinions and votes of my own, of very little public importance, cer- tainly, but which, from the time at which tliey were given and ex])ressed, may pass for good witnesses on this occasion. This governnu'nt, ]\Ir. President, from its origin to the peace of ISIT), had l)een too much engrossed with various other impor- BOOK III.] WEBSTER'S GREAT REPLY TO HAYNE, iO tant concerns to be able to turn its thoughts inward, and look to the develop- ment of its vast internal resources. In the early part of President Washington's ad- ministration, it was fully occupied with organizing the government, providing for the public debt, defending the frontiers, and maintaining domestic i)eace. Before the termination of that administration, the fires of the French revolution blazed forth, as from a new opened volcano, and the whole breadth of the ocean did not en- tirely secure us from its effects. The smoke and the cinders reached us, though not the burning lava. Uillicult and agitating ques- tions, embarrrassing to government, and dividing public opinion, sprung out of the new state of our foreign relations, and were succeeded by others, and yet again by others, equally embarrassing, and equally exciting division and discord, through the long series of twenty years, till they finally issued in the war with England. Down to the close of that war, no distinct, marked and deliberate attention had been given, or could have been given, to the internal condition of the country, its capacities of improvement, or the constitutional power of the government, in regard to objects connected with such improvement. The peace, Mr. President, brought about an entirely new and a most interesting state of things ; it opened to us other pros- pects, and suggested other duties ; we our- selves were changed, and the whole world was changed. The pacification of Europe, after June, 1815, assumed a firm and per- manent aspect. The nations evidently manifested that they were disposed for peace : some agitation of the waves might DC expected, even after the storm had sub- sided ; but the tendency was, strongly and rapidly, towards settled repose. It so happened, sir, that I was at that time a member of Congress, and, like others, naturally turned my attention to the contemplation of the newly-altered condition of the country, and of the world. It appeared plainly enough to me, as well as to wiser and more experienced men, that the policy of the government would necessarily take a start in anew direction, because new directions would necessarily be given to the pursuits and occupa- tions of the people. We had pushed our commerce far and fast, under the ad- vantage of a neutral flag. But there were now no longer flags, either neutral or bel- ligerent. The harvest of neutrality had been great, but we had gathered "it all. With the peace of Europe, it was obvious ; there would spring up, in her circle of na- j tions, a revived and invigorated spirit of trade, and a new activity in all the business ! and objects of civilized life. Hereafter, our commercial gains were to be earned only by success in a close and iutease ' competition. Other nations would pro- duce for themselves, and carry for them- selves, and manufacture for themselves, to the full extent of their aljilities. The crops of our plains would no longer sus- tain European armies, nor our shiixs longer supply those whom war had renclered un- able to sup{)ly themselves. It was obvious that under these circumstances, the coun- try would begin to survey itself, and to estimate its own capacity of improvement. And this improvement, how was it to be ac- complished, and who was to accomplish it? We were ten or twelve millions of peo- ple, spread over almost half a world. We were twenty-four states, some stretching along the same sea-board, some along the same line of inland frontier, and others on opposite banks of the same vast rivers. Two considerations at once presented them- selves, in looking at this state of things, with great force. One was th at that great branch of improvement, which consisted in furnishing new facilities of intercourse, necessarily ran into different states, in every leading instance, and would benefit the citizens of all such states. No one state therefore, in such cases, would assume the whole expense, nor was the co-o]jera- tion of several states to be expected. Take the instance of the Delaware Breakwater. It will cost several millions of money. Would Pennsylvania, New Jersey, and Delaware have united to accomplish it at their joint expense? Certainly not, for the same reason. It could not be done, therefore, but by the general government. The same may be said of the large inland undertakings, except that, in them, gov- ernment, instead of bearing the whole ex- pense, co-operates with others to bear a part. The other consideration is, that the United States have the means. They en- joy the revenues derived from commerce, and the states have no abundant and easy sources of public income. The custom houses fill the general treasury, while the states have scanty resources, except by re- sort to heavy direct taxes. Under this view of things, I thought it necessary to settle, at least for myself, some definite notions, with respect to the powers of government, in regard to internal af- fairs. It may not savor too much of self- commendation to remark, that, with this ob- ject, I considered the constitution, its judi- cial construction, its contemporaneous ex- position, and the whole history of the legislation of Congress under it; and I arrived at the conclusion that government had ^lower to accomplish sundry object.'^, or aid in their accomplishment, which are now commonly spoken of as Ixtkrnal Improvemknts. Thatconclusion,sir, may have been right or it may have been wrong. I am not about to argue the grounds of it at large. I say only that it was adopted, and 60 AMERICAN POLITICS. [book III. acted on, even so early as in 1816. Yes, Mr. President, I made up my opinion, and de- termined on my intended course of politi- cal conduct on these subjects, in the 14th Congress iu 1816. And now, Mr. Presi- dent, I have further to say, that I made up these opinions, and entered on this course of political conduct, Teiicro duce. Yes, sir, I pursued, in all this, a South Carolina track. On the doctrines of internal im- provement, South Carolina, as she was then represented in the other house, set forth, in 1816, under a fresh and leading breeze ; and I was among the followers. But if my leader sees new lights, and turns a sharp corner, unless I see new lights also, I keep straight on in the same path. I repeat, that leading gentlemen from South Carolina were first and foremost in behalf of the doctrines of internal improve- ments, when those doctrines first came to be considered and acted upon in Congress. The debate on the bank question, on the tariff" of 1816, and on the direct tax, will show who was who, and what was what, at that time. The tariff" of 1816, one of the plain cases of oppression and usurpation, from which, if the government does not recede, individual states may justly secede from the government, is, sir, in truth, a South Carolina tariff", supported by South Carolina votes. But for those votes, it could not have passed in the form in which it did»pass ; whereas, if it had depended on Massachusetts votes, it would have been lost. Does not the honorable gentleman well know all this? There are certainly those who do full well know it all. I do not say this to reproach South Carolina ; I only state the fact, and I think it will ap- pear to be true, that among the earliest and boldest advocates of the tariflT, as a measure of protection, and on the express ground of protection, were leading gentle- men of South Carolina in Congress. I did not then, and cannot now, understand their language in any other sense. While this tariff" of 1816 was under discussion in the House of Representatives, an honora- ble gentleman from Georgia, now of this house, (Mr. Forsyth,) moved to reduce the proposed duty on cotton. He failed by four votes. South Carolina giving three votes (enough to have turned the scale) against his motion. The .act, sir, then pa.ssed, and received on its passage the support of a majority of the reprascnta- tives of South Carolina present and voting. This act is the first, in the order of those now denounced as plain usurpatif)nH. We Bee it daily in the list by the side of those of 1824 and 1828, as a case of manifest oj)- pression. justifying disunion. I ])ut it home to the honorable mciubcr from Sorith Carolina, that his own state was notonly "art and [)art" in this meastire, but the causa cmt^ans. Without her aid, this seminal principle of mischief, this root of upas, could not have been planted. I have al- ready said — and, it is true — th.at this act preceded on the ground of protection. It interfered directly with existing in- terests of great value and amount. It cut up the Calcutta cotton trade by the roots. But it passed, nevertheless, and it passed on the principle of protecting manufac- tures, on the principle against free trade, on the principle opposed to that which lets us alone. Such, Mr. President, were the opinions of important and leading gentlemen of South Carolina, on the subject of internal improvement, in 1816. I went out of Congress the next year, and returning again in 1823, thought I found South Carolina where I had left her. I really supposed that all things remained as they were, and that the South Carolina doctrine of internal improvements would be de- fended by the same eloquent voices, and the same strong arms as formerly. In the lapse of these six years, it is true, political associations had assumed a new aspect and new divisions. A party had arisen in the south, hostile to the doctrine of internal improvements, and had vigorously attacked that doctrine. Anti-consolidation was the flag under which this party fought, and its supporters inveighed against internal improvements, much after the same man- ner in which the honorable gentleman has now inveighed against them, as part and parcel of the system of consolidation. Whether this party arose in South Caro- lina herself, or in her neighborhood, is more than I know. I think the latter. However that may have been, there were those found in South Carolina ready to make war upon it, and who did make in- trepid war upon it. Names being regarded as things, in such controversies, they be- stowed on the anti-improvement gentle- men the appellation of radicals. Yes, sir, the name of radicals, as a term of distinc- tion, applicable and applied to those who defended the liberal doctrines of internal improvements, originated, according to the best of my recollection, somewhere be- tween North Carolina and Georgia. Well, sir, those mischievous radicals were to be put down, and the strong arm of South Carolina was stretched out to put them down. About this time, sir, I returned to Congress. The battle with the radicals had been fought, and our South Carolina champions of the doctrine of internal im- provements had nobly maintained their ground, and were understood to have achieved a victory. They had driven back the enemy with discomfiture ; a thing, by the way, sir, which is not always performed when it is promised. A gentle- man, to wlioni I have already referred in this del)ate, had come into Congress, dur- BOOK III.] WEBSTER'S GREAT REPLY TO HAYNE, 61 ing my absence from it, from South Caro- lina, and had brought with him a higli reputation for ability. He came from a school with which we had been acquainted, et noscitura sociis. I hold in my hand, sir, a printed 8[)eech of this distinguished gen- tleman, (Mr. McDuFFiE,) "on internal IMPROVEMENTS," delivered about the pe- riod to which I now refer, and printed with a few introductory remarks upon con- solidation ; in which, sir, I think he quite consolidated the arguments of his oppo- nents, the radicals, if to crush be to con- solidate. I give you a short but substan- tive quotation from these remarks. He is speaking of a pamphlet, then recently Eublished, entitled, " Consolidation ;" and aving alluded to the question of rechart- ering the former Bank of the United States, he says : " Moreover, in the early history of parties, and when Mr. Crawford advocated the renewal of the old charter, it was considered a federal measure; which internal improvement never was, as this author erroneously states. This Matter measure originated in the adminis- tration of Mr. Jefferson, with the appro- priation for the Cumberland road ; and was first proposed, as a si/stein, by Mr. Calhoun, and carried through the House of Representatives by a large majority of the republicans, including almost every one of the leading men who carried us through the late war." 80, then, internal improvement is not one of the federal heresies. One para- graph more, sir. "The author in question, not content with denouncing as federalists Gen. Jackson, Mr. Adams, Mr. Calhoun, and the major- ity of the South Carolina delegation in Congress, modestly extends the denuncia- tion to Mr. Monroe and the whole republi- can party. Here are his words ; ' During the administration of Mr. Monroe, ipuch has passed which the republican party would be glad to approve, if they could 1 1 But the principal feature, and that which has chiefly elicited these observations, is the renewal of the system of internal IMPROVEMENTS.' Now, this measure was adopted by a vote of 115 to 86, of a repub- lican Congress, and sanctioned by a repub- lican president. Who, then, is this author, who assumes the high prerogative of de- nouncing, in the name of the republican party, the republican administration of the country — a denunciation including within its sweep Calhoun, Lowndes, and Cheves ; men who will be regarded as the brightest ornaments of South Carolina, and the strongest pillars of the republican party, aa long as the late war shall be remem- bered, and talents and patriotism shall be regarded as the proper objects of the admiration and gratitude of a free people ! !" Such are the opinions, sir, which wore maintained by South Carolina gentlemen in the House of Representatives on the subject of internal improvements, when I took my seat there as a member I'rom Massachusetts, in 1823. But this is not all ; we had a bill belbre us, and passed it in that house, entitled, "An act to procure the necessary surveys, plans, and estimates uj)on the subject of roads and canals." It authorized the president to cause surveys and estimates to be made of the routes of such roads and canals as he might deem of national importance i7i a commercial or mili- tary point of view, or for the transportation of the mail ; and appropriated thirty thou- sand dollars out of the treasury to defray the expense. This act, though prelimi- nary in its nature, covered the whole ground. It took for granted the complete power of internal improvement, as far as any of its advocates had ever contended for it. Having passed the other Ikjusc, the bill came up to the Senate, and was here considered and debated in Aj^ril, 1824. The honorable member from South Carolina was a member of the Senate at that time. While the bill was under con- sideration here, a motion was made to add the following proviso : — ^^ Provided, That nothing herein con- tained shall be construed to affirm or acZ//«< a power in Congress, on their own author- ity, to make roads or canals within any of the states of the Union." The yeas and nays were taken on this proviso, and the honorable member voted in tkstnegative. The proviso failed. A motion was then made to add this proxnao, viz : — "Provided, That the faith of the United States is hereby pledged, that no money shall ever be expended for roads or canals except it shall be among the several states, and in the same proportion as direct taxes are laid and assessed by the provisions of the constitution." The honorable member voted against this proviso also, and it failed. The bill was then put on its passage, and the honorable member voted for it, and it passed, and became a law. Now, it strikes me, sir, that there is no maintaining these votes but upon the power of internal improvement, in its broadest sense. In truth, these bills for surveys and estimates have always been considered as test questions. They show who is for and who against internal im- provement. This law itself went the whole length, and assumed the full and complete power. The gentleman's vote sustained that power, in every form in which the various propositions to amend presented it. He went for the entire and unrestrained authority, without consulting the states, and without agreeing to any 62 AMERICAN POLITICS. [book 111. proportionate distribution. And now, 1 suffer me to remind you, Mr. President, that it is this very same power, tlms sanc- tioned, in every form, by the gentleman's own oi)inion, that is so plain and manifest a usurpation, that the state of South Caro- lina is supposed to be justified in refusing submission to any laws carrying the power into effect. Truly, sir, is not this a little too hard ? May we not crave some mercy, under favor and protection of the gentle- man's own authority ? Admitting that a road or a canal must be written down flat usurpation as ever was committed, may we find no mitigation in our respect for his place, and his vote, as one that knows the law? The tariff which South Carolina had an efficient hand in establishing in 1816, and this asserted power of internal improve- ment — advanced by her in the same year, and, as we have seen, approved and sanc- tioned by her representatives in 1824, — these two measures are the great grounds on which she is now thought to be justified in breaking up the Union, if she sees fit to break it up. I may now safely say, I tnink, that we have had the authority of leading and dis- tinguished gentlemen from South Carolina in support of the doctrine of internal im- provement. I repeat that, up to 1824, I, for one, followed South Carolina ; but when that star in its ascension veered off in an unexpected direction, I relied on its light no longer. [Here the Vice-President said. Does the Chair understand the gentleman from Massachusetts to say that the person now occupying the chair of the Senate has changed his opinion on the subject of in- ternal improvement?] From nothing ever said to me, sir, have I had reason to know of any change in the opinions of the per- son filling the chair of the Senate. If such change has taken place, I regret it ; I speak generally of the state of South Car- olina. Individuals we know there are who hold opinions favorable to the power. An application for its exercise in behalf of a public work in South Carolina itself is now pending, I believe, in the other house, presented by members from that state. I have thus, sir, perhaps not without some tediousnesfl of detail, shown that, if I am in error on the subject of internal im- provements, how and in what company I fell into that error. If I am wrong, it is apparent who misled me. I go to other remarks of the honorable member — and I have to complain of an en- tire misapprehension of what I said on the subject of the national debt^ — though I can hardly perceive how any one could mis- understand me. What I said was, not that I wished to put off the payment of the debt, but, on the contrary, thnt I hnd always voted for every measure for its reduction, as uniformly as the gentleman himself. He seems to claim the exclusive merit of a disposition to reduce the public charge ; I do not allow it to him. As a debt, I was, I am, for paying it ; because it is a charge on our finances, and on the industry of the country. But I observed that I thought I perceived a morbid fervor on that subject; an excessive anxiety to pay ofl' the debt ; not 80 much because it is a debt simply, as because, while it lasts, it furnishes one ob- jection to disunion. It is a tie of common in- terest while it lasts. I did not impute such motive to the honorable member himself; but that there is such a feeling in existence I have not a particle of doubt. The most I said was, that if one effect of the debt was to strengthen our Union, that effect itself was not regretted by me, however much others might regret it. The gentleman has not seen how to reply to this otherwise than by supposing me to have advanced the doctrine that a national debt is a na- tional blessing. Others, I must hope, will find less difiiculty in understanding me. I distinctly and pointedly cautioned the honorable member not to understand me as expressing an opinion favorable to the continuance of the debt. I repeated this caution, and repeated it more than once — but it was thrown away. On yet another point I was still more unaccountably misunderstood. The gentle- man had harangued against " consolida- tion." I told him, in reply, that there was one kind of consolidation to which I was attached, and that was, the consolida- tion OF OUR Union ; and that this was precisely that consolidation to which I feared others were not attached ; that such consolidation was the very end of the constitution — the leading object, as they had informed us themselves, which its framers had kept in view. I turned to their communication, and read their very words, — " the consolidation of the Union," — and expressed my devotion to this sort of consolidation. I said in terms that I wished not, in the slightest degree, to aug- ment the powers of this government ; that my object was to preserve, not to enlarge; and that, by consolidating the Union, I understood no more than the strengthening of the Union and perpetuating it. Having been thus explicit; having thus read, from the printed book, the precise words which I adopted, as expressing my own senti- ments, it passes comprenension, how any man could understand me as contending for an extension of the powers of the gov- ernment, or for consolidation in the odious sense in which it means an accumulation, in the federal government, of the powers properly belonging to the states. I repeat, sir, that, in adopting the senti- ments of the framers of the constitution, I , read their language audibly, and word for BOOK in.] WEBSTER'S GREAT REPLY TO IIAYNE, 63 word; and I pointed out the distinction, just as fully as T have now done, between the consolidation of the Union and that Ouher obnoxious consolidation which I dis- claimed ; and yet the honorable gentle- man misunderstood me. The gentleman had said that he wished for no fixed reve- nue — not a shilling. If, by a word, he could convert the Capitol into gold, he would not do it. Why all this fear of revenue ? Why, sir, because, as the gentleman told us, it tends to consolida- tion. Now, this can mean neither more or less than that a common revenue is a common interest, and tliat all common in- terests tend to hold the union of the states together. I confess I like that tendency ; if the gentleman dislikes it, he is right in deprecating a shilling's fixed revenue. So much, sir, for consolidation. As well as I recollect the course of his remarks, the honorable gentleman next re- curred to the subject of the tariff. He did not doubt the word must be of unpleasant siund to me, and proceeded, with an effort neither new nor attended with new success, to involve me and my votes in inconsist- ency and contradiction. I am happy the honorable gentleman has funiished me an opportunity of a timely remark or two on that subject. I was glad he approached it, for it is a question 1 enter upon without fear from any body. The strenuous toil of the gentleman has been to raise an incon- sistency between my dissent to the tariff, in 1824 and my vote in 1828. It is labor lost. He pays undeserved compliment to my speech in 1824 ; but this is to raise me high, that my fall, as he would have it, in 1828 may be the more signal. Sir, there was no fall at all. Between the ground I stood on in 1824 and that I took in 1828, there was not only no precipice, but no de- clivity. It was a change of position, to meet new circumstances, but on the same level. A plain tale explains the whole matter. In 1816, I had not acquiesced in the tariff, then supported by South Caro- lina. To some parts of it, especially, I felt and expressed great repugnance. I held the same opinions in 1821, at the meeting in Faneuil Hall, to which the gentleman has alluded. I said then, and say now, that, as an original question, the authority of Congress to exercise the revenue power, with direct reference to the protection of manufactures, is a questionable authority, far more questionable in my judgment, than the power of internal improvements. I must confess, sir, that, in one respect, some impression has been made on my opinions lately. Mr. Madison's publica- tion has put the power in a very strong light. He has placed it, I must acknow- ledge, upon grounds of construction and argument which seem impregnable. But even if the power were doubted, on the face of the constitution itself, it had been assumed and asserted in the first revenue law ever passed under the same constitu- tion; and, on this gnmnd, as a matter set- tled by contemporaneous practice, I had refrained from expressing the opinion that the tariff laws transcended constitutional limits, as the gentleman supposes. What I did say at Faneuil Hall, as far as I now remember, was, that this was originally matter of doubtful construction. The gentleman himself, I suppose, thinks there is no doubt about it, and that the laws are plainly against the constitution. Mr. Madison's letters, already referred to, con- tain, in my judgment, by far the most able exposition extant of this part of the consti- tution. He has satisfied me, so far as the practice of the government had left it an open question. . With a great majority of the repre- sentatives of Massachusetts, I voted against the tariff of 1824. My reasons were then given, and I will not now repeat them. But notwithstanding our dissent, the great states of New York, Pennsylvania, Ohio, and Kentucky went for the bill, in almost unbroken column, and it passed. Congress and the president sanctioned it, and it be- came the law of the land. What, then, were we to do? Our only option was eith- er to fall in with this settled course of pub- lic policy, and to accommodate ourselves to it as well as we could, or to embrace the South Carolina doctrine, and talk of nulli- fj'ing tho statute by state interference. The last alternative did not suit our principles, and, of course, we adopted the former. In 1827, the subject came again before Congress, on a proposition favorable to wool and woolens. We looked upon the system of protection as being fixed and settled. The law of 1824 remained. It had gone into full operation, and in regard to some objects intended by it, perhaps most of them had produced all its expect- ed effects. No man proposed to repeal it — no man attempted to renew the general contest on its principle. But, owing to subsequent and unforeseen occurrences, the benefit intended by it to wool and woolen fabrics had not been realized. Events, not known here when the law passed, had taken place, which defeat- ed its object in that particular respect. A measure was accordingly brought forward to meet this precise deficiency, to remedy this particular defect. It was limited to wool and woolens. Was ever any thing more rcasonal)lc? If the policy of the tariff laws had become established in prin- ciple as the permanent policy of the gov- ernment, should they not be revised and amended, and made equal, like other laws, as exigencies should arise, or justice re- quire? Because we had doubted aliout adopting the system, were we to refuse to 64 AMERICAN POLITICS. b cure its manifest defects after it became adopted, and when no one attempted its repeal ? And this, sir, is the inconsistency 80 much bruited. I had voted against tlie tarifFof 182-t— but it passed; and in 1827 and 1828, I voted to amend it in a point essential to the interest of my constituents. Where is the inconsistency? Could I do otherwise ? Sir, does political consistency consist in always giving negative votes ? Does it re- quire' of a public man to refuse to concur in amending laws because they passed against his consent? Having voted against the tariff originally, does consistency de- mand that I should' do all in my power to maintain an unequal tariff, burdensome to my own constituents, in many respects, — favorable in none ? To consistency of that sort I lay no claim ; and there is another sort to which I lay as little — and that is, a kind of consistency by which persons feel themselves as much bound to oppose a proposition after it has become the law of the land as before. The bill of 1827, limited, as I have said, to the single object in which the tariff of 1824 had manifestly failed in its effects, passed the House of Representatives, but was lost here. We had then the act of 1828. I need not recur to the history of a measure so recent. Its enemies spiced it with whatsoever they thought would render it distasteful ; its friends took it, drugged as it was. Vast amounts of proj)erty, many millions, had been invevsted m manufac- tures, under the inducements of the act of 1824. Events called loudly, I thought for further regulations to secure the degree of protection intended by that act. I was disposed to vote for such regulations and desired nothing more ; but certainly was not to be bantered out of my purpose by a threatened augmentation of duty on mo- lasses, put into the bill for the avowed purpose of making it obnoxious. The vote may have ])cen right or wrong, wise or un- wise ; but it is a little less than absurd to allege against it an inconsistency with op- position to the former law. Sir, as to the general .subject of the tariff, I have little now to say. Another oppor- tunity may be presented. I remarketl, the other day, that tliis policy did not be^in with us in New England ; and vet, sir. New England is charged with vehemence as being favorable, or charged with equal vehemence as being unfavorable, to the tariff policy, just as best suits the time, place, and occa.sion for making some charge against lier. Tlie credulity of the public has been put to its extreme capacity of false impression relative to her conduct in this particular. Through all the south, during the late conte.st, it was New Eng- land policy, and a New England adminis- tration, tliat was inflicting the country with a tariff policy beyond all endurance, while on the other side of the Alleghany, even the act of 1828 itself— the very sub- limated essence of oppression, according to southern oi^inions — was pronounced to be one of those blessings for which the west was indebted to the " generous south." With large investments in manufactur- ing establishments, and various interests connected with and dependent on them, it is not to be expected that New England, any more than other portions of the coun- try, will now consent to any measures de- structive or highly dangerous. The duty of the government, at the present moment, would seem to be to preserve, not to de- stroy ; to maintain the position which it has assumed ; and for one, I shall feel it an indispensable obligation to hold it steady, as far as in my power, to that de- gree of protection which it has undertaken to bestow. No more of the tariff. Professing to be provoked by what he chose to consider a charge made by me against South Carolina, the honorable member, Mr. President, has taken up a new crusade against New , England. Leaving altogether the subject of the public lands, in which his success, perhaps, had been neither distinguished nor satisfactory, and letting go, also, of the topic of the tariff, he sailed forth in a general assault on the opinions, politics, and parties of New Eng- land, as they have been exhibited in the last thirty vears. This is natural. The " narrow policy " of the public lands had proved a legal settlement in South Car- olina, and was not to be removed. The " accursed policy " of the tariff, also, had established the fact of its birth and pa- rentage in the same state. No wonder, therefore, the gentleman wished to carry the war, as he expressed it, into the enemy's countrj'. Prudently willing to quit these subjects, he was doubtless desirous of fast- ening others, which could not be transferred south of Mason and Dixon's line. The politics of New England became his theme; and it was in this part of his speech, I think, that he menaced me with such sore discomfiture. Discomfiture I why, sir, when he attacks anything which I maintain, and over- throws it ; when he turns the right or lefl of any position which I take up ; when he drives me from any ground I ciioose to oc- cupy, he may then talk of discomfiture, but'not till that distant dav. What has he done? Hashe maintained his own charges? Has he proved what he alleged? Hashe sustained himself in his attack on the gov- eriunent, and on the history of the north, in the matter of the public lands? Has he disproved a fact, refiitod a proposition, weakened an argument maintained by me? Hiw he come within beat of drum of any l)Osition of mine? O, no; but he has " car- BOOK III.] WEBSTER'S GREAT REPLY TO IIAYNE, 66 ried the war into the enemy's country ! " Carried the war into the enemy's country ! Yes, sir, and what sort of a war lias lie made of it? VVhy, sir, he has stretclied a dragnet over the whole surface of per- ished pamphlets, indiscreet sermons, frothy paragraphs, and funiinj;; popular addresses ; over whatever the pulj)it in its moments of alarm, the press in its heats, and parties in their extravagances, have severally tlirown off, in times of general excitement and violence. He has thus swept together a mass of such things, as, but they are not now old, the puldic liealth would have re- auired him rather to leave in their state of ispersion. For a good long hour or two, we had the unbroken pleasure of listening to the hon- orable member, while he recited, with his usual grace and spirit, and with evident high gusto, speeches, pamphlets, addresses, and all that et ccferas of the political press, such as warm heads produce in warm times, and such as it would be "discomfi- ture " indeed for any one, whose taste did not delight in that sort of reading, to be obliged to peruse. This is his war. This is to carry the war into the enemy's coun- try. It is in an invasion of this sort that he flatters himself with the expectation of gaining laurels fit to adorn a senator's brow. Mr. President, I shall not, it will, I trust, not be exi^ected that I should, either now or at any time, separate this farrago into parts, and answer and examine its components. I shall hardly bestow upon it all a general remark or two. In the run of forty years, sir, under this constitution, we have experienced sundry successive violent party contests. Party arose, in- deed, with the constitution itself, and in some form or other has attended through the greater part of its history. Whether any other constitution than the old articles of confederation was desirable, was itself, a question on which parties di- vided ; if a new constitution wa8 framed, what powers should be given to it was another question ; and when it had been formed, what was, in fact, the just extent of the powers actually conferred was a third. Parties, as we knov,', existed under the first administration, as distinctly marked as those which manifested them- selves at any subsequent period. The contest imnieiliately preceding the political change in 1801, and that, again, which existed at the commencement of the late war, are other instances of party ex- citement, of something more than usual strength and intensity. In all these con- flicts there was, no doubt, much of vio- lence on both and all sides. It would be impossible, if one had a fancy for such employment, to adjust the relative qxinnfum of violence between these two contending 29 parties. There was enough in each, as must always be expected in popular gov- ernments. With a great deal of proper and decorous discussion there was mingled a great deal, also, of declamation, viru- lence, crimination, and abuse. In regard to any party, probably, at one of the leading epochs in the history of parties, enough may he found to make out aiiotlier equally inflamed exhibition as that wiili which the honorable member has edified us. For myself, sir, I shall not rake among the rubbish of by-gone times to see what I can fintl or whether I cannot And some- thing by which I can fix a blot on the escut- cheon of any state, any party,*or any part of the country. General Washington's admin- istration was steadily and zealously main- tained, as we all know, by New England. It was violently opposed elsewhere. We know in what quarter he had the most earnest, constant and persevering support, in all his great and leading mciisures, ' We know where his private and personal character was held in the highest degree of attach- ment and veneration ; and we know, too, where his measures were opposed, his ser- vices slighted, and his character vilified. We know, or we might know, if we turn to the journals, who expressed respect, gratitude, and regret, when he retired from the chief magistracy ; and who refused to express either respect, gratitude or regret. I shall not open those journals. Publica- tions more abusive or scurrilous never saw the light than were sent forth against Washington, and all his leading measures, from presses south of New England ; but I shall not look them up. I employ no scavengers — no one is in attendance on me, tendering such means of retaliation ; and if there were, with an ass's load of them, with a bulk as huge as that which the gentleman himself has produced, I would not touch one of them. I see enough of the violence of our own times to be no way anxious to rescue from forgetfulness the extravagances of times past. Besides, what is all this to the present purpose ? It has nothing to do with the public lands, in regard to which the attack was begun ; and it has nothing to do with those senti- ments and opinions, which I have thought tend to disunion, and all of which the honorable member seems to have adojUed himself, and undertaken to defend. New England has. at times — so argues the gen- tleman, — held opinions as- dangerous as those which he now holdsv Bo it so. But why, therefore, does he abuse New Eng- land? If he firsds himself countenanced by acts of hers, how is it that, while he re- lies on these acts, he covt-rs, or seeks to cover, their authors with repnmch? But, sir, if, in the course of forty years, there have been undue effervescences of party in New England, has the same thing 66 AMERICAN POLITICS. [book hi. happened no where else ? Party animosi- ty and party outrage, not in JS'ew Eng- land, but elsewhere, denounced President Washington, not only as a federalist, but as a tory, a British agent, a man who, in his high office, sanctioned corruption. But does the honorable member suppose that, if I had a tender here, who should put such an etiusion of wickedness and folly in my hand, that I would stand up and read it against the south ? Parties ran into great heats, again, in 1799. What was said, sir, or rather what was not said, in those years, against John Adams, one of the signers of the Declaration of Independence, and its admitted ablest defender on the floor of Congress ? If the gentleman wants to in- crease his stores of part}' abuse and frothy violence, if he has a determined proclivi- ty to such pursuits, there are treasures of that sort south of the Potomac, much to his taste, yet " untouched. I shall not touch them. The parties which divided the countrj'', at the commencement of the late war, were violent. But, then, there was violence on both sides, and violence in every state. Minorities and majorities were equally vio- lent. There was no more violence against the war in New England than in other states ; nor any more appearance of vio- lence, except that, owing to a dense popu- lation, greater facility for assembling, and more presses, there may have been more, in quantity, spoken and printed there than in some other places. In the article of sermons, too, New England is somewhat more abundant than South Carolina : and for that reason, the chance of finding here and there an exceptionable one may be greater. I hope, too, there are more "good ones. Opposition may have been more formidable in New England, as it embraced a larger portion of the whole population : but it was no more unrestrained in its principle, or violent in manner. The minorities dealt quite as harshly Avith their own state governments as the majorities dealt with the administration here. Tliere were presses on both sides, jiopular meet- ings on both sides, ay, and puli)its on both sides, also. The gentleman's purveyors have only catered for him among the pro- ductions of one side. I certainly shall not supply the deficiency by furnishing sam- ples of the other. I leave to him, and to them, the whole concern. It is enough for me to say, that if, in any part of this, their grateful occupation — if in all their researclics — they find any- thing in tlie history of Massachusetts, or New England, or in the proceedings of any legislative or other public body, disloyal to the Union, speaking slightly of its value, projjosing to break it uj), or recommending non-intercourse with neighboring states, on account of dilference of political opinion. then, sir, I give them all up to the honor- able gentleman's unrestrained rebuke ; ex- pecting, however, that he will extend his bufietings, in like manner, to all similar proceedings, wherever else found. The gentleman, sir, has spoken at large of former parties, now no longer in being, by their received api:)ellations, and has un- dertaken to instruct us, not only in the knowledge of their principles, but of their respective pedigrees also. He has as- cended to their origin and run out their genealogies. With most exemplary modesty, he speaks of the party to which he professes to have belonged himself, as the true, pure, the only honest, patriotic party, derived by regular descent, from father to son, from the time of the virtuous Romans ! Spread- ing before us the family tree of political parties, he takes especial care to show him- self snugly perched on a popular bough ! He is wakeful to the expediency of adopt- ing such rules of descent, for political par- ties, as shall bring him in, in exclusion of others, as an heir to the inheritance of all public virtue, and all true political princi- ples. His doxy is always orthodoxy. Heterodoxy is confined to his opponents. He spoke, sir, of the federalists, and I thought I saw some eyes begin to open and stare a little, when he ventured on that ground. I expected he would draw his sketches rather lightly, when he looked on the circle round him, and especially if he should cast his thoughts to the high places out of the Senate. Nevertheless, he went back to Rome, ac? annuvi urhs condita,Sind found the fathers of the federalists in the primeval aristocrats of that renowned em- pire ! He traced the flow of federal blood down through successive ages and centu- ries, till he got into the veins of the Ameri- can tories, (of whom, by the way, there were twenty in the Carolinas for one in Massachusetts.) From the tories, he fol- lowed it to the federalists ; and as the federal party was broken up, and there was no possibility of transmitting it farther on this side of the Atlantic, he seems to have discovered that it has gone off, collaterally, though against all the canons of descent, into the ultras of France, and finally be- came extinguished, like exploded gas, among the adherents of Don Miguel. This, sir, is an abstract of the gentle- man's history of federalism. I am not about to controvert it. It is not, at pre- sent, worth the pains of refutation, because, sir, if at this day one feels the sin of federalism lying heavily on his conscience, he can easily obtain remission. He may even have an indulgence, if he is desirous of repeating flu; transgression. It is an affair of no difliculty to get into this same right line of patriotic descent. A man, nowadays, is at liberty to choose his politi- cal parentage. He may elect his own fa- BOOK III.] WEBSTER'S GREAT REPLY TO IIAYNE. 67 ther. Federalist or not, he m;iy, if he choose, claim to belong to the Ihvored -stock, and his claim will be allowed. He may carry back his pretensions just as far as the honorable gentleman himself; nay, he may make himself out the honorable gentle- man's cousin, and prove satisfactorily that he is descended from the same political great-grandfather. All this is allowable. We all know a process, sir, by which the whole Essex Junto could, in one hour be all washed white from their ancient federal- ism, and come out every one of them, an original democrat, dyed in the wool ! Some of them have actually undergone the ope- ration, and they say it is quite easy. The only inconvenience it occasions, as they tell us, is a slight tendency of the blood to the face, a soft suffusion, which, however, is very transient, since nothing is said cal- culated to deepen the red on the cheek, but a prudent silence observed in regard to all the past. Indeed, sir, some smiles of approbation have been bestowed, and some crumbs of comfort have fallen, not a thousand miles from the door of the Hartford Convention itself. And if the author of the ordinance of 1787 possessed the other re- quisite qualifications, there is no knowing, notwithstanding his federalism, to what heights of favor he might not yet attain. Mr. President, in carrying his warfare, such as it was, into New England, the honorable gentleman all along professes to be acting on the defensive. He desires to con- sider me as having assailed South Caro- lina, and insists that he comes forth only as her champion, and in her defence. Sir, I do not admit that I made any attack what- ever on South Carolina. Nothing like it. The honorable member, in his first speech, expressed opinions, in regard to revenue, and some other topics, which I heard both with i)ain and surprise. I told the gentle- man that I was aware that such sentiments were entertained out of the government, but had not expected to find them advanced in it ; that I knew there were persons in the south who speak of our Union with in- difference, or doubt, taking pains to mag- nify its evils, and to say nothing of its benefits ; that the honorable member him- self, I was sure, could never be one of these; and I regretted the expression of such opinions as he had avowed, because I thought their obvious tendency was to en- courage feelings of disrespect to the Union, and to weaken its connection. This, sir, is the sum and substance of all I said on the subject. And this constitutes the attack which called on the chivalry of the gentle- man, in his opinion, to harry us with such a forage among the party pamphlets and party proceedings of Massachusetts. If he means that I spoke with dissatisfaction or disrespect of the ebullitions of individuals in South Carolina, it is true. But, if he means that I had assailed the character of the state, her honor, or patriotism, that I had reflected on her history or her con- duct, he had not the slightest ground for any such assumption. I did not even refer, I think, in my observations, to any collec- tion of individuals. I said nothing of the recent conventions. I spoke in the most guarded and careful manner, and only ex- pressed my regret for the publication of opinions which I presumed the honorable member disapproved as much as myself. In this, it seems, I was mistaken. I do not remember that the gentleman has disclaimed any sentiment, or any opin- ion, of a supposed anti-Union tendency, which on' all or any of the recent occasions has been expressed. The whole drift of his speech has been rather to prove, that, in divers times and manners, sentiments equally liable to objection have been promulgated in New England. And one would suppose that his object, in this refer- ence to Massachusetts, was to find a pre- cedent to justify proceedings in the south, were it not for the reproach and contumely with which he labors, all along, to load his precedents. By way of defending South Carolina from what he chooses to think an attack on her, he first quotes the example of Massa- chusetts, and then denounces that example, in good set terms. This twofold purpose, not very consistent with itself, one would think, was exhibited more than once in the course of his speech. He referred, for in- stance, to the Hartford Convention. Did he do this for authority, or for a topic of reproach ? Apparently for both ; for he told us that he should find no fault with the mere fact of holding such a conven- tion, and considering and discussing such questions as he supposes were then and there discussed ; but what rendered it ob- noxious was the time it was holden, and the circumstances of the country then existing. We were in a war, he said, and the coun- try needed all our aid ; the hand of gov- ernment required to be strengthened, not weakened ; and patriotism should have postponed such proceedings to another day. The thing itself, then, is a precedent ; the time and manner of it, only, subject of censure. Now, sir, I go much farther, on this point, than the honorable member. Sup- posing, as the gentleman seems to, that the Hartford Convention assembled for any such purpose as breaking up the Union, because they thought unconstitutional lawa had been passed, or to concert on that sub- ject, or to calculate the value of the Union ; supposing this to be their purpose, or any part of it, then I say the meeting itself was disloyal, and obnoxious to censure, whether held in time of peace, or time of war, or under whatever circumstances. 68 AMERICAN POLITICS. [book III. The material matter is the object. Is dis- 1 solution the object? If it be, external cir- { cumstances may make it a more or less ! aggravated case, but cannot affect the prin- 1 ciple. I do not hold, therefore, that the '■ Hartford Convention was pardonable, even : to the extent of the gentleman's admission, | if its objects were really such as have been j imputed to it. Sir, there never was a time, under any degree of excitement, in which the Hartford Convention, or any other convention, could maintain itself one mo- ment in New England, if assembled for any such purpose as the gentleman says would have been an allowable purpose. To hold conventions to decide questions of constitutional law ! to try the validity of statutes, by votes in a convention ! Sir, the Hartford Convention, I presume, would not desire that the honorable gentleman should be their defender or advocate, if he puts their case upon such untenable and extravagant grounds. Then, sir.the gentleman has no fault to find with these recently-promulgated South Carolina opinions. "^And, certainly, he need have none ; for his own sentiments, as now advanced, and advanced on reflec- tion, as far as I have been able to compre- hend them, go the full length of all these opinions, I propose, sir, to say something on these, and to consider how far they are j ust and constitutional. Before doing that, however, let me observe, that the eulogium pronounced on the character of the state of South Carolina, by the honorable gen- tleman, for her revolutionary and other merits, meets my hearty concurrence. I shall not acknowledge that the honorable member goes before me in regard for what- ever of distinguished talent or distin- guished character South Carolina has pro- duced. I claim part of the honor, I par- take in the i)ride, of her great names. I claim them for countrymen, one and all. The Laurenses, the Rutledges, the Pinck- neys, the Sumpters, the Marions — Ameri- cans all — whose fame is no more to be hemmed in by state lines than their talents and their patriotism were capable of being circumscribed within the same narrow limits. In their day and generation, they sei-ved and honored tlie country, and the whole country ; and their renown is of the treasures of the whole country. Him whose honored name the gentleman him- self bears — does he suppose me less ca])able of gratitude for his patriotism, or sympa- thy for his sufToringrt, than if his eyes had first opened u})on the light in Massachu- setts instead of South Carolina? Sir, does he suppose it is in his power to exhibit a Carolina name so bright as to produce envy in my bosom? No, sir, increased gratifica- tion and delight, rather. Sir, I thank (iod that ifl am gifted with little of the spirit which is said to be able to raise mortals to the skies, I have yet none, as I trust, of that other spirit, which would drag angels down. When I shall be found, sir, in my place here in the Senate, or elsewhere, to sneer at public merit, because it happened to spring up beyond the little limits of my own state, or neighborhood ; when I refuse, for any such cause, or for any cause, the homage due to American talent, to elevated patriotism, to sincere devotion to liberty and the coun- try ; or if I see an uncommon endowment of Heaven, if I see extraordinary' capacity and virtue in any son of the south, and if, moved by local prejudice, or gangrened by state jealousy, I get up here to abate the tithe of a hair from his just character and just fame, — may my tongue cleave to the roof of my mouth ! Sir, let me recur to pleasing recollections ; let me indulge in refreshing remembrance of the past ; let me remind you that in early times no states cherished greater harmony, both of prin- ciple and feeling, than Massachusetts and South Carolina. "Would to God that har- mony might again return. Shoulder to shoulder they went through the revolu- tion ; hand in hand they stood round the administration of AVashington, and felt his own great arm lean on them for sup- port. Unkind feeling, if it exist, aliena- tion, and distrust are the growth, unnatural to such soils, of false principles since sown. They are weeds, the seeds of which that same great arm never scattered. Mr. President, I shall enter on no en- comium upon Massachusetts — she needs none. There she is — behold her, and judge for yourselves. There is her history — the world knows it by heart. The past, at least, is secure. There is Boston, and Con- cord, and Lexington, and Bunker Hill ; and there they will remain forever. The bones of her sons, fallen in the great strug- gle for independence, now lie mingled with the soil of every state from New England to Georgia ; and there they will lie forever. And, sir, where American liberty raised its first voice, and where its youth Avas nur- tured and sustained, there it still lives, in the strength of its manhood, and full of its original spirit. If discord and disunion .shall wound it ; if folly and madness, if uneasiness under salutary and neces.^ary restraint, shall succeed to separate it from that Union by which alone its existence is made sure, — it will stand, in the end, by the side of that cradle in which its infancy was rocked ; it will stretch forth its arm, with whatever vigor it may still retain, over the friends who gather around it; and it will fall at last, if fall it must, amidst the proudest monuments of its glory, and on the very spot of its origin. There yet remains to be performed, Mr. President, by far the most grave and im- portant duty ; which I feel to be devolved BooKiii.] WEBSTER'S GREAT REPLY TO HAYNE. 69 on me by this occasion. It is to state, and to defend, what I conceive to be the true principles of the constitution under whicli we are here assembled. I might well have desired that so weighty a task should have fallen into other and abler hands. 1 could have wished that it should have been exe- cuted by those whose character and expe- rience give weight and influence to their opinions, such as cannot possibly belong to mine. But, sir, I have met the occasion, not sought it ; and I shall proceed to state my own sentiments, without challenging for them any particular regard, with studied plainness and as much precision as possi- ble. I understand the honorable gentleman from South Carolina to maintain that it is a right of the state legislatures to interfere, whenever in their judgment, this govern- ment transcends its constitutional limits, and to arrest the operation of its laws. I understand him to maintain this right as a right existing under the constitution, nf)t as a right to overthrow it, on the ground of extreme necessity, such as would justify violent revolution. I understand him to maintain an author- ity, on the part of the states, thus to inter- fere for the purpose of correcting the ex- ercise of power by the general government, of checking it, and of compelling it to con- form to their opinion of the extent of its power. I understand him to maintain that the ultimate power of judging of the constitu- tional extent of its own authority is not lodged exclusively in the general govern- ment or any branch of it ; but that, on the contrary, the states may lawfully decide for themselves, and each state for itself, whether, in a given case, the act of the general government transcends its power. I understand him to insist that, if the exigency of the case, in the opinion of any state government, require it, such state government may, by its own sovereign au- thority, annul an act of the general govern- ment which it deems plainly and palpably unconstitutional. This is the sum of what I understand from him to be the South Carolina doc- trine. I propose to consider it, and to compare it with the constitution. Allow me to say, as a preliminary remark, that I call this the South Carolina doctrine, only because the gentleman himself has so de- nominated it. I do not feel at liberty to say that South Carolina, as a state, has ever advanced these sentiments. I hope she has not, and never may. That a great majority of her people are opposed to the tariff laws is doubtless true. That a majority, some- what less than that just mentioned, consci- entiously believe these laws unconstitu- tional, may probably be also true. But that any majority holds to the right of direct state interference, at state discretion, the right of nullifying acts of Congress by acts of state legislation, is more than I know, and what I sluiU be slow to believe. That there are individuals, besides the honorable gentleman, who do maintain these opinions, is quite certain. I recollect the recent expression of a sentiment which circumstances attending its utterance and publication justify us in supposing was not unpremeditated — "The sovereignty of the state ; never to be controlled, construed, or decided on, but by her own feelings of honorable justice." [Mr. Hayne here rose, and said, that for the purpose of being clearly understood, he would state that his proposition was in the words of the Virginia resolution, as fol- lows : — " That this Assembly doth explicitly and peremptorily declare, that it views the powers of the federal government, as re- sulting from the compact, to which the states are parties, as limited by the plain sense and intention of the instrument con- stituting that compact, as no further valid than they are authorized by the grants enumerated in that compact ; and that, in case of a deliberate, palpable, and danger- ous exercise of other powers not granted by the same compact, the states who are ])arties thereto have the right and are in duty bound, to interpose for arresting the progress of the evil, and for maintaining, within their respective limits, the authori- ties, rights, and liberties pertaining to them."] Mr. Webster resumed : — I am quite aware, Mr. President, of the existence of the resolution which the gen- tleman read, and has now repeated, and that he relies on it as his authority. I know the source, too, from which it is un- derstood to have proceeded. I need not say, that I have much respect for the con- stitutional opinions of Mr. Madison ; they would weigh greatly with me, always. But, before the authority of his opinion be vouched for the gentleman's proposition, it will be proper to consider what is the fair interpretation of that resolution, to which Mr. Madison is understood to have given his sanction. As the gentleman construea it, it is an authority for him. Possibly he may not have adopted the right construc- tion. That resolution declares, that in the case of the dangerous exercise of poioers not granted by the general government^ the states mat/ interpose to arrest the progress of the evil. But how interpose? and what does this declaration purport? Does it mean no more than that there may be extreme cases in which the people, in any mode of assembling, may resist usurpation, ami relieve themselves from a tyrannical gov- ernment? No one will deny this. Such resistance is not only acknowledged to be 70 AMERICAN POLITICS. [book III. just in America, but in England also. Blackstone admits as much, in the theory and practice, too, of the English constitu- tion. We, sir, who oppose the Carolina doctrine, do not deny that the people may, if they choose, throw off any government, when it becomes oppressive and intolerable, and erect a better in its stead. We all know that civil institutions are established for the public benefit, and that, when they cease to answer the ends of their existence they may be changed. But I do not understand the doctrine now contended for to be that which, for the sake of distinctness, we may call the right of revolution. I understand the gentleman to maintain, that without revolution, without civil commotion, without rebellion, a rem- edy for supposed abuse and transgression of the powers of the general government lies in a direct appeal to the interference of the state governments. [Mr. Hayxe here rose : He did not contend, he said, for the mere right of revolution, but for the right of constitutional resistance. What he maintained was, that, in case of a plain, palpable violation of the constitution by the general government, a state may interpose; and that this interposition is constitutional.] Mr. Webster resumed : So, sir, I understood the gentleman, and am happy to find that I did not misunder- stand him. What he contends for is, that it is constitutional to interrupt the admin- istration of the constitution itself, in the hands of those who are chosen and sworn to administer it, by the direct interference, in form of law, of the states, in virtue of their sovereign capacity. The inherent right in the people to reform their govern- ment I do not deny ; and that they have another right, and tliat is, to resist uncon- stitutional laws without overturning the government. It is no doctrine of mine, that unconstitutional laws bind the people. The great question is, Whose prerogative is it to decide on the constitutionality or uncon- stitutionality of the laws ? On that the main debate hinges. The proposition that, in the case of a supposed violation of the consti- tution by Congress, the states have a con- stitutional right to interfere, and annul the law of Congres."?, is tlic pr()i)ositioii of the gentleman ; I do not admit it. If tlie gen- tleman had intended no more than to assert the right of revolution for justifiable cause, he wouM have said only wliat all agree to. — But I cannot conceive that there can be a middle course l)et\veen su])missi()n to the laws, wlicn regularly pronouneed constitutional, on the one hand, and open resistance, which is revohilion or rebellion, on the otlier. I say the right of a state to annul a law of Congress cannot lie main- tained but on the ground of the unaliena- ble right of man to resist o])pression ; that is to say, upon the ground of revolution. I admit that there is no ultimate violent remedy, above the constitution, and defi- ance of the constitution, which may be resorted to, when a revolution is to be jus- tified. But I do not admit that under the constitution, and in conformity with it, there is any mode in which a state govern- ment, as a member of the Union can interfere and stop the progress of the gen- eral government, by force of her own laws, under any circumstances whatever. This leads us to inquire into the origin of this government, and the source of its power. Whose agent is it? Is it the creature of the state legislatures, or the creature of the people ? If the government of the United States be the agent of the state governments, then they may control it, provided they can agree in the manner of controlling it ; if it is the agent of the people, then the people alone can control it, restrain it, modify or reform it. It is observable enough, that the doctrine for which the honorable gentleman contends leads him to the necessity of maintaining, not only that this general government is the creature of the states, but that it is the creature of each of the states severally ; so that each may assert the power, for itself, of determining Avhether it acts within the limits of its authority. It is the servant of four and twenty masters, of different wills and diflerent purposes ; and yet bound to obey ail. This absurdity (for it seems no less) arises from a misconception as to the origin of this government, and its true character. It is, sir, the people's constitu- tion, the people's government; made for the people; made by the people; and answerable to the people. The people of the United States have declared that this constitution shall be the supreme law. We must either admit the proposition, or dis- pute their authority. The states are un- questionably sovereign, so far astheir sover- eignty is not affected by this supreme law. The state legislatures, as political bodies, however sovereign, are yet not sovereign over the people. So far as the people have given i>owcr to the general government, so lar the grant is unquestionably good, and the government holds of the people, and not of the state governments. We are all agents of the same supreme power, the j)eo])le. The general government and the state governments derive their authority from the same source. Neither can, in re- lation to the other, be called jirimary; tliougli one is definite and restricted, and the other general and residuary. The national government possesses those powers whieli it can be shown the peo]>le have conferred on it, and no more. All the rest belongs to the state governments, or to the people themselves. So far as the people have restrained state sovereignty BOOK III.] WEBSTER'S GREAT REPLY TO HAYNE. 71 by tlie expression of their will, in the con- stitution of the United States, so far, it must be admitted, state sovereignty is effectually controlled. I do not contend that it is, or ought to be, controlled further. The sentiment to which 1 have referred propounds that state sovereignty is only to be controlled by its own " feelings of justice ;" that is to say, it is not to be con- trolled at all ; for one who is to follow his feelings, is under no legal control. Now, however men may think this ought to be, the fact is, that the people of the United States have chosen to imj)ose control on state sovereignties. The constitution has ordered the matter differently Irom what this opinion announces. To make war, for instance, is an exercise of sovereignty ; but the constitution declares that no state shall make war. To coin money is another ex- ercise of sovereign power ; but no state is at liberty to coin money. Again : the constitution says, that no sovereign state shall be so sovereign as to make a treaty. These prohibitions, it must be confessed, are a control on the state sovereignty of South Carolina, as well as of the other states, which does not arise " from feelings of honorable justice." Such an opinion, therefore, is in defiance of the plainest provisions of the constitution. There are other proceedings of public bodies which have already been alluded to, and to which I refer again for the purpose of ascertaining more fully what is the length and breadth of that doctrine, de- nominated the Carolina doctrine, which the lumorable member has now stood up on this floor to maintain. In one of them I find it resolved that "the tariff of 1828, and every other tariff designed to promote one branch of in- dustry at the expense of others, is contrary to the meaning and intention of the federal compact; and as such a dangerous, palp- able, and deliberate usurpation of power, by a determined majority, wielding the general government beyond the limits of it"! delegated powers, as calls upon the states which compose the suffering minor- ity, in their sovereign capacity, to exercise the powers which, as sovereigns, neces- sarily devolve upon them, when their com- pact is violated." Observe, sir, that this resolution holds the tariff of 1828, and every other tariff, designed to promote one branch of industry at the expense of another, to be such a dangerous, palpable, and deliberate usur- pation of power, jis calls upon the states, in their sovereign capacity, to interfere, by their own power. This denunciation, Mr. President, you will please to observe, in- cludes our old tariff of 181(3, as wi'U as all others; because that was established to promote the interest of the manufacturers of cotton, to the manifest and admitted injury of the Calcutta cotton trade. Ob- serve, again, that all the qualifications are here rehearsed, and charged upon the tariff, which are necessary to bring the case witliin the gentlenum's propositiiMi. The tariff is a usurpation ; it is a dangerous usurpation ; it is a pali)able usur[jation ; it is a de- liberate usur])ation. It is such a usurj)a- tion as calls, upon the states to exercise their right of interference. Here is a case, then, within the gentleman's princii)les, and all his qualifications of his principles. It is a case for action. The constitution is plainly, dangerously, palpably, and de- liberately violated; and the states must interpose their own authority to arrest the law. Let us suppose the state of South Carolina to express this same opinion, by the voice of her legislature. That would be very imposing ; but what then ? Is the voice of one state conclusive ? It so haj)- pens that, at the very moment when South Carolina resolves that the tariff laws are unconstitutional, Pennsylvania and Ken- tucky resolve exactly the reverse. They hold those laws to be both highly proper and strictly constitutional. And now, sir, how does the honorable member propose to deal with this case? How does he get out of this difficulty, upon any principle of his? His construction gets us into it; how does he propose to get us out ? In Carolina the tariff is a palpable, de- liberate usurpation ; Carolina, therefore, may nullify it, and refuse to pay the du- ties. In Pennsylvania, it is both clearly constitutional and highly expedient ; and there the duties are to be paid. And yet we live under a government of uniform laws, and under a constitution, too, which contains an express provision, as it hap- pens, that all duties shall be equal in all the states! Does not this approach ab- surdity ? If there be no power to settle such ques- tions, independent of either of the states, is not the whole Union a rope of sand ? Are we not thrown back again precisely upon the old confederation? It is too plain to be argued. Four and twenty interpreters of c(Uistitutional, law, each with a power to decide for itself, and none with authority to bind anybody else, and this constitutional law the only bond of their union ! What is such a state of things but a mere connection during plea- sure, or, to use the phraseology of the times, durincifcdingf And that feeling, too, not the feeling nf the ijcople who es- tablished the constitution, but the feeling of the state government-*. In another of the South Carolina ad- dresses, having premised that the crisis re- quires "all the concentrated energy of ])assion," an attitude of open resistance to tlie laws of the Union is advised. Open resistance to the laws, then, ia the consti- 72 AMERICAN POLITICS. [book III. tutional remedy, tie conservative power of the state, which the Soutli Carolina doctrines teach for the redress of political evils, real or imaginary. And its authors further say that, appealing with coutidence to the constitution itself to justify their opinions, they cannot consent to try their accuracy by the courts of justice. In one sense, indeed, sir, this is assuming an atti- tude of open resistance in favor of liberty. But what sort of liberty ? The liberty of establishing their own opinions, in defi- ance of the opinions of all others ; the liberty of judging and of deciding exclu- sively themselves, in a matter in which others have as much right to judge and decide as they; the liberty of placing their opinions above the judgment of all others, above the laws, and above the con- stitution. This is their liberty, and this is the fair result of the proposition contended for by the honorable gentleman. Or it may be more properly said, it is identical with it, rather than a result from it. In the same publication we find the follow- ing : " Previously to our revolution, when the arm of oppression was stretched over New England, where did our northern brethren meet with a braver sympathy than that which sprung from the bosom of Carolinians ? We had no extortion, no op- pression, no collision with the king^s minis- ters, no navigation interest springing up, in envious rivali-y of England." This seems extraordinary language. South Carolina no collision with the king's ministers in 1775! no extortion! no op- pression ! But, sir, it is also most signifi- cant language. Does any man doubt the purpose for which it was penned ? Can any one fail to see that it was designed to raise in the reader's mind the question, whether, at this time, — that is to say, in 1828, — South Carolina has any collision with the king's ministers, any oppression, or extortion, to fear from England ? whether, in short, England is not as natur- ally the friend of South Carolina as New England, with her navigation interests si)ringing up in ^envious rivalry of England ? Is it not strange, sir, that an intelligent man in South Carolina, in 1828, sliould thus labor to prove, that in 1775, there was no liostility, no cause of war, between South Carolina and England? that she had no occasion, in reference to her own interest, or from regard to her own welfare, to take up arms in the revolutionary con- test? Can any one account for tiie ex- pression of sucii strange sentiments, and their circulation through the state, other- wise than by supposing tlie object to lie, wliat I have already intimated, to raise the ?uestion, if lliey had no " r(illisiopu- lar government. It leaves it still all its popular character. The governor of a state I in some of the states! is chosen not directly by the people for the purpose of 76 AMERICAN POLITICS. [book III. performing, among other duties, that of electing a governor. Is the government of the state on that account not a popular government? This government, sir, is the independent offspring of the popular will. It is not the creature of state legislatures ; nay, more, if the whole truth must be told, the people brought it into existence, es- tablished it, and have hitherto supported it, for the very purpose, amongst others, of imposing certain salutarj' restraints on state sovereignties. The states cannot now make war ; they cannot contract alliances ; they cannot make, each for itself, separate reg- ulations of commerce ; they cannot lay im- posts ; they cannot coin money. If this constitution, sir, be the creature of state legislatures, it must be admitted that it hiis obtained a strange control over the volition of its creators. The people then, sir, erected this govern- ment. They gave it a constitution, and in that constitution they have enumerated the powers which they bestow on it. They have made it a limited government. They have defined its authority. They have re- strained it to the exercise of such powers as are granted ; and all others, they declare, are reserved to the states or the people. But, sir, they have not stopped here. If they had, they would have accomplished but half their work. No definition can be so clear as to avoid possibility of doubt ; no limitation so precise as to exclude all un- certainty. Who, then, shall construe this grant of the people? Who shall interpret their will, where it may be supposed they have leit it doubtful? VVith whom do they leave this ultimate right of deciding on the powers of the government? Sir, they have settled all this in the fullest manner. They have left it with the government itself, in its appropriate branches. Sir, the very chief end, the main design for which the whole constitution was framed and adopt- ed, was to establish a government that should not be obliged to act through state agency, or depend on state opinion and discretion. The people had h.ad quite enough of that kind of government under the confederacy. Under that system, the legal action — the a[)]ilication of law to individuals — belonged exclusively to the states. Congress could only recommend — their acts were not of Itiiiding force till the states had adf)pted and sanctioned them. Are we in that condition still? Are we yet at the mercy of state discretion and state construction? Sir, if we are, then vain will he our attempt to maintain the consti- tution under which we sit. But, sir, the jieofile have wisely provided, in the const itiition itself, a proper, suital>l(' mode and tribunal for srttling (piestioiis of constitutif)iial law. There arc, in the con- stitution, grants (»f powers to Conjrress, and restrictions on those powers. There are I also prohibitions on the states. Some au- thority must therefore necessarily exist, having the ultimate jurisdiction to fix and ascertain the interpretation of these grants, restrictions and prohibitions. The consti- tution has itself pointed out, ordained, and established that authority. How has it accomplished this great and essential end ? By declaring, sir, that "the constitution and the laws of the United States, made in pur- suance thereof, shall be the supreme law of the land, any thing in the constitution or laics of any state to the contrary notwith- standing.''' This, sir, was the first great step. By this, the supremacy of the constitution and laws of the United States is declared. The people so will it. No state law is to be valid which comes in conflict with the con- stitution or any law of the United States. But who shall decide this question of inter- I iereuce? To whom lies the last appeal? This, sir, the constitution itself decides also, by declaring "that the judicial poiver shall extend to cdl cases arising under the consti- tution and laws of the United States." These two provisions, sir, cover the whole ground. They are, in truth, the keystone of the arch. With these it is a govern- ment; without them it is a confederacy. In pursuance of these clear and express provisions, Congress established, at its very first session, in the judicial act, a mode for carrying them into full effect, and for bringing all questions of constitutional power to the final decision of the Supreme Court. It fhen, sir, became a government. It then had the means of self-protection ; and but for this, it would, in all proba- bility, have been now among things which are passed. Having constituted the gov- ernment, and declared its powers, the peo- ple have further said, that since somebody must decide on the extent of these powers, the government shall itself decide — subject always like other popular governments, to its responsibility to the people. And now, sir, I repeat, how is it that a state legisla- ture acquires any right to interfere? Who, or what, gives them the right to say to the l)eople, " We, who are your agents and ser- vants for one purpose, will undertake to decide, that your other agents and servants, appointed by y()U for another purpose, have transcended the authority you gave them"? The reply would be, I think, not imperti- nent, " Who made you a judge over anoth- er's servants. To their own masters they stand or fall." Sir, I deny this power of state legisla- tures altogether. It cannot stand the test of examination. Cientlemen may say, that, in an extreme case, a state government might protect the pcojtle from intolerable oppression. Sir, in such a case the peoj)le might protect themselves, without the aid of the state governments. Such a case BOOK III.] WEBSTER'S GREAT REPLY TO HAYNE. 77 warrants revolution. It must make, when it comes, a law lor itself. A nullifying act of a state legislature cannot alter the case, nor make resistance any more lawful. In maintaining these sentiments, sir, I am but asserting the rights of the people. 1 state what they have declared, and insist on their right to declare it. They have chosen to rei)ose this power in the general government, and I think it my duty to suji- port it, like other constitutional i>owers. For myself, sir, I douht the jurisdiction of South Carolina, or any other state, to prescribe my constitutional duty, or to settle, between me and the people, the va- lidity of laws of Congress for which I have voted. I decline her umpirage. I have not sworn to support the constitution ac- cording to her construction of its clauses. I have not stipulated, by my oath of ofhce or otherwise, to come under any responsi- bility, except to the people and those whom they have appointed to pass upon the ques- tion, whether the laws, supported by my votes, conform to the constitution of the country. And, sir, if we look to the gen- eral nature of the case, could any thing have been more preposterous than to have made a government for the whole Union, and yet left its powers subject, not to one inter|)retation, but to thirteen or twenty- four interpretations ? Instead of one tribu- nal, established by all, responsible to all, Avitli j)ower to decide for all, shall constitu- tional questions be left to four and twenty popular bodies, each at liberty to decide for itself, and none bound to respect the decisions of others; and each at liberty, too, to give a new construction, on every new election of its own members? Would any thing, with such a principle in it, or rather with such a destitution of all prin- ciple, be fit to be called a government? No, sir. It should not be denominated a constitution. It should be called, rather, a collection of topics for everlasting con- troversy ; heads of debate for a disputatious people. It would not be a government. It would not be adequate to any practical good, nor fit for any country to live under. To avoid all possibility of being misunder- stood, allow me to repeat again, in the full- est manner, that I claim no powers for the government by forced or unfair construc- tion. I admit that it is a government of strictly limited powers; of enumerated, specified, and particularized powers ; and that whatsoever is not granted is withheld. But, notwithstanding all this, and however the grant of powers may be exjiressed, its limits and extent may yet, in some cases, admit of doubt; and the general govern- ment would be good for nothing, it would be incapable of long existence, if some mode had not been provided in which those doubts, as they should arise, might be peaceably, but not authoritatively solved. And now, Mr. President, let me run the honorable gentleman's doctrine a little into its practical application. Let us look at his probable modus optrundi. If a thin<' can be done, an ingenious man can teil how it is to be done. Now, I wish to be informed how this state interference is to be i)ut in practice. ^V'e will take the ex- isting case of the tarifi" law. South Caro- lina is said to have made up her opinion ui)on it. If we do not repeal it, (as we probably shall not,) she will then apply to the case the remedy of her doctrine. She will, we must suppose, pass a law of her legislature, declaring the several acts of Congress, usually called the tariff" laws, null and void, so far as they respect South Carolina, or the citizens thereof. So lUr, all is a paper transaction, and easy enough. But the collector at Charleston is collect- ing the duties imposed by these tariff" laws — -he, therefore, must be stoj)i)ed. The collector will seize the goods if the tariff duties are not paid. The .state authorities will undertake their rescue : the marshal, with his posse, will come to the collector's aid; and here the contest begins. The militia of the state will be called out to sustain the nullifying act. They will march, sir, under a very gallant leader; for I believe the honorable member him- self commands the militia of that part of the state. He will raise the nullifying ACT on his standard, and spread it out as his banner. It will have a preamble, bear- ing that the tariff" law's are palpable, de- liberate, and dangerous violations of the constitution. He will proceed, with his banner flying, to the custom house in Charleston, — " all the wliile Sonorous motal blowing martial sounds." Arrived at the custom house, he will tell the collector that he must collect no more duties under any of the tariff" laws. This he will be somewhat puzzled t') say, by the way, with a grave countenance, consider- ing what hand South Carolina herself had in that of 1816. But, sir, the collector would, probably, not desist at his bidding. Here would ensue a pause ; for they say, that a certain stillness precedes the tem- pest. Before this military array should fall on custom house, collector, clerks, and all, it is very ])robable some of those com- posing it woulil request of their gallant comniander-in-chief to be informed a little upon the point of law ; for they have doubtless a just respect for his opinion as a lawyer, as well ils for his bravery as a soldier. They know he luus read Black- stone and the constitutiim, :us well as Tu- renne and Vauban. They would tusk him, therefore, something concerning their risrhts in this matter. They would inquire whether it was not somewhat dangerous to 78 AMERICAN POLITICS. [book hi. resist a law of the United States. What would be the nature of their ofl'ence, they would wish to learn, if they, by military force and array, resisted the execution in Carolina of a law of the United States, and it should turn out, after all, that the law teas constitutional. He would answer, of course, treason. No la^\7'er could give any other answer. John Fries, he would tell them, had learned that some years ago. How, then, they would ask, do you propose to defend us ? We are not afraid of bullets, but treason has a way of taking people oft" that we do not much relish. How do you propose to defend us ? " Look at my floating banner," he would reply ; ** see there the nullifying laic ! " Is it your opinion, gal- lant commander, they would then say, that if we should be indicted for treason, that same floating banner of yours would make a good plea in bar? "South Carolina is a sovereign state," he would reply. That is true ; but would the judge admit our plea ? " These tariff laws," he would repeat, " are unconstitutional, palpably, deliberately, dangerously." That all may be so ; but if the tribunals should not happen to be of that opinion, shall we swing for it? We are ready to die for our country, but it is rather an awkward business, this dying without touching the ground. After all, this is a sort of hemj)-tax, worse than any part of the tariff". Mr. President, the honorable gentleman would be in a dilemma like that of another great general. He would have a knot be- fore him which he could not untie. He mu>t cut it with his sword. He must say to his followers. Defend yourselves with your bayonets; and this is war — civil war. Direct collision, therefore, between force and force, is the unavoidable result of that remedy for the revision of unconstitutional laws which the gentleman contends for. It must happen in the very first case to which it is applied. Is not this the plain result? To resist, by force, the execution of a law, generally, is treason. Can the courts of the United States take notice of the indulgence of a state to commit trea- son? The common saying, that a state cannot commit trca.son herself, is nothing to tlifi i)urpose. Can it authorize others to doit? If .John Fries had jjroduced an act of Pennsylvania, annulling tlie law of Con- prcs.«, would it have hcljiecl his case? Talk about it as we will, these doctrines go the length of revolution. They are incompa- tible witii any peaceable administration of the government. They leatl directly to disunion and civil commotion; and there- fore it is, that at the commencement, when they arc first found to be maintained by respectaldemen,and in atangil)!e form, that I enter my public protest against them all. The honorable gentleman argues, that if this government be the sole judge of the extent of its own powers, whether that right of judging be in Congress or the Su- preme Court, it equally subverts state sovereignty. This the gentleman sees, or thinks he sees, although he cannot per- ceive how the right of judging in this mat- ter, if left to the exercise of state legisla- tures, has any -tendency to subvert the government of the Union. The gentle- man's opinion may be that the right ought not to have been lodged with the general government ; he may like better such a constitution as we should have under the right of state interference ; but I ask him to meet me on the plain matter of fact — I ask him to meet me on the constitution it- self — I ask him if the power is not there — clearly and visibly found there. But, sir, what is this danger, and what the grounds of it ? Let it be remembered, that the constitution of the United States is not unalterable. It is to continue in its present form no longer than the people who established it shall choose to continue it. If they shall become convinced that they have made an injudicious or inexpe- dient partition and distribution of power between the state governments and the general government, they can alter that distribution at will. If anything be found in the national constitution, either by original provision or subsequent interpretation, which ought not to be in it, the people know how to get rid of it. If any construction be established, unacceptable to them, so as to become, [iractically, a part of the constitution, they will amend it at their own sovereign plea- sure. But while the people choose to main- tain it as it is, while they are satisfied with it, and refuse to change it, who has given, or who can give, to the state legislatures a right to alter it, either by interference, construction, or otherwise? Gentlemen do not seem to recollect that the people have any power to do anything for them- selves ; tiiey imagine there is no safety for them any longer than they are under the close guardianship of the state legislatures. Sir, the people have not trusted their safety, in regard to the general constitu- tion, to these hands they have required other security, and taken other bonds. They have chosen to trust themselves, first to the plain words of the instrument, and to such construction as the government it- self, in doubtful cases, should put on its own jxtwers, under their oaths of office, and subj<'ct to their responsibility to them ; just as the people of a state trust their own state governments with a similar power. Secondly, they have reposed their trust in the efficacy of freqiumt elections, and in their own power to remove their own ser- vants and agents, whenever they see cause. 'I'hirdly, they have reposed trust in the judicial power, which, in order that it might BOOK IIT.] WEBSTER'S GREAT REPLY TO HAYNE. 79 be trustworthy, they have made as respect- able, as disinterested, and aa independent a.s practicable. Fourthly, they have seen fit to rely, in case of necessity, or high ex- pediency, on their known and admitted power to alter or amend the constitution, peaceably and quietly, whenever experi- ence shall j)oint out defects or imperfec- tions. And finally, the people of the United States have at no time, in no way, directly or indirectly, authorized any state legislature to construe or interpret their instrument of government; much less to interfere, by their own power, to arrest its course and operation. If sir, the people, in these respects, had done otherwise than they have done, their constitution could neither have been pre- served, nor would it have been worth pre- serving. And if its plain ])rovision shall now be disregarded, and these new doc- trines interpolated in it, it will become as feeble and helpless a being as enemies, wliether early or more recent, could pos- sibly desire. It will exist in every state, but as a poor dependant on state permis- sion. It must borrow leave to be, and will be, no longer than state pleasure, or state discretion, sees fit to grant the indulgence, and to prolong its poor existence. But, sir, although there are fears, there are hopes also. The people have preserved this, their own chosen constitution, for forty years, and have seen their happiness, prosperity, and renown grow with its growth and strengthen with its strength. They are now, generally, strongly attached to it. Overthrown by direct assault it can- not be ; evaded, undermined, nullified, it will not be, if we, and th(jse who shall succeed us here, as agents and representa- tives of the ])eoj)le, shall c