HANDBOOKS faStudtntsandGenerai Readers AMERICAN POLITICS JOHNSTON LIBRARY UNIV^i -.if OF C ALi PNIA SAN ''-GO I presented to the LIBRARY UNIVERSITY OF CALIFORNIA SAN DIEGO by FRIENDS OF THE LIBRARY MR. & MRS. RICHARD KORNHAUSER donor LIBRARY NlVe*6lTY O CAUFORH1A ) v HISTORY OF THE UNITED STATES. BY ALEXANDER JOHNSTON, Professor of Jurisprudence and Pol'tical Ecommy in the College of New Jersey: Author of "A History of American Politics" etc., etc. With numerous Maps and Illustrations. I2mo. T 1 'IIIS book is a history of the United States, and not like most other school histories, principally a history of the colonies from which the United States sprang. It is not a story-book or a picture-book, though it has more pictures of real things than any preceding school history of the United States. It is, on the other hand, a careful attempt to convey to the mind of the future voter such lessons from our political and economic expe- rience as the youthful mind is ready to receive. There are already plenty of good story-books about colonists and Indians, and it hardly seems wise for a school history to force itself into a hopeless competition with them. History is a task and a method of mental discipline ; our school histories attempt to relieve it, as no one attempts to relieve grammar or arithmetic, by story-telling. One result has been that the history of the compar- atively unimportant colonial period has been assigned an inordin- ately large space. So much room is given to the stories of Smith and Pocahontas, Putnam and the wolf, and similar episodes, that the real history of the United States is cramped, marred, and brought to a lame and impotent conclusion. Judging from the space usually assigned to each, a reader must conclude that the history of the United States deserves a much larger treatment for the time when the population was but 200,000 than for the time when the population was 50,000,000. Very few boys will ever have an opportunity to lead colonies, armies, or legislatures; but almost every American boy will soon be called upon to vote upon questions which involve some under- standing of the political, financial, and economic problems of the past. His need, therefore, is to learn from the history of the past, not so much how to be "a great man," as how best to per- form the simple and homely duties of good citizenship. The average school-boy must get his information concerning such matters from his school history of the United States, if he is to get it at all. JOHNSTON'S HISTORY OF THE UNITED STATES. The design of this book, then, is not simply to detail the events which make up the history of the United States, but also to group those events which seem likely to shed light on the responsibilities of the citizens, and to shed the light in connection with the event. In this process, the effort has been made to interest the pupil in the wonderful development of the United States and the difficult economic problems which have grown out of it. Topics not essential to the main subject, such as the tribal in- stitutions of the aborigines, and the Spanish conquests of Mexico and Peru, have been left untouched. In narrating wars, while the effort has been made to give a definite idea of the purposes, plans, and results of campaigns, it has net seemed best to encumber the narration with a catalogue of engagements and commanders whose very names are only a spring of confusion. Maps in abundance are given, and illustrations of real persons and things pertinent to the text. Geography and Chronology, "the two eyes of history," have been given, it is hoped, their due and proper places. Geography has been applied by questions on the localities referred to in the text. The text has been arranged with careful attention to geographical unity. In the narrative of the Revolu- tion, for example, the operations in each geographical section have been kept distinct and complete in themselves, with only the sug- gestion, by cross references, of the connecting links which show the unity of the whole conflict. In the text, Chronology has been treated as subordinate to the greater importance of geographical unity. An exact chronological summary has, however, been added to each chapter. Two sizes of type have been used. The matter in larger type is itself a complete work. The smaller type is not intended netes- sarily for recitation, but for reading, for reference, or for comment and amplification by the teacher. Statistics, of which many are given, are in the finest type only. Cross References are, as teachers know, one of the most essen- tial helps in historical study. The sections are numbered consec- utively. It is thus easy to introduce the cross references in parentheses into the body of the text, where the pupil can not fail to see them and can readily comprehend them. State Histories, in brief summary, have been given for all the new States. No pupil is expected to recite on any of them except that of his own State. Catch words are printed in heavy type at the beginning of each section. HENRY HOLT & CO., Publishers, New York. BY THE SAME AUTHOR. HISTORY OF AMERICAN POLI- TICS. New edition, Revised and Enlarged. New York : HENRY HOLT & Co. i6mo. HISTORY of the UNITED STATES. With Maps and Illustrations. New York : HENRY HOLT & Co. i2mo. AMERICAN ORATIONS, FROM THE COLONIAL PERIOD TO THE PRESENT TIME. Selected as specimens of eloquence, and with rpecial reference to their value in throw- ing light upon the more important epochs and issues of American History. Edited, with introductions and notes, by ALEXANDER JOHNSTON. New York : G. P. PUTNAM'S SONS. Three volumes, i6mo. HA NDB O OKS for StHdrnfrM^Generar Readers. HISTORY OF AMERICAN POLITICS BY ALEXANDER JOHNSTON, A.M. SECOND EDITION, REVISED, AND ENLARGED (EIGHTEENTH THOUSAND) NEW YORK HENRY HOLT AND COMPANY 1889 COPYRIGHT, 1879, 1882, BY HENRY HOLT & Co. TROW6 PRINTING AND BOOKBINDING COMPANY. PREFACE TO THE SECOND EDITION. THIS book was first published in March, 1879. Since that time corrections have been made for each of the eight times that the book has been put to press, but these have been comparatively so unim- portant that it has not at any time seemed fitting to call the result a new edition. It would hardly be proper, however, to allow this issue to go out except as a new edition. In it the whole book has been carefully revised and brought down to date ; detached portions have been rewritten ; the whole outline his- tory from 1868 until 1881 has been given very much more fully than was possible while events were still uncertain ; and a new appendix, called for by many correspondents, has been added in the form of a list of the cabinets of the successive administrations, with the dates of appointment. For the guidance of readers who desire to study more fully the history of which this is an outline, a classified, list of authorities is given below. viii Preface. The scope of the book will be sufficiently indicated by repeating the last paragraph of the preface to the first edition : "The design of the book is not to present the politics of the States, or to criticise party manage- ment, but to make our national political history easily available to young men. It is of interest to the whole republic that young citizens should be able to learn that true national party differences have a history and a recognized basis of existence, and should be prevented from following factitious party differences, contrived for personal objects by selfish men. If, for this purpose, this book shall be consid- ered worthy to serve as an introduction to the larger works already in existence, its object will be accom- plished." NOKWALK, CONN., January 2, 1882. AUTHORITIES. HISTORICAL. Bancroft's United States (to 1782); Pitkin's United States (to 1797) ; Hildreth's United States (to 1820) ; Hamilton's Republic of the United States ; Tucker's United States (to 1840) ; Hammond's Political History of New York (to 1840); von Hoist's United States (vol. 3, to 1850); Spen- cer's United States (to 1856) ; Benton's Debates of Congress (1789-1850); Appleton's Annual Cyclopedia (1861-1880); Statutes at Large ; Electoral Count ; Benton's Thirty Years' Preface. ix View (1820-50) ; North American Review, January, 1876 ("Politics in America"); Draper's Civil War in America; Greeley's American Conflict (to 1865) ; Statesman's Manual (101858); Wilson's Rise and Fall of the Slave Power ; Lunt's Origin of the Late War; Giddings's Rebellion. BIOGRAPHICAL. Marshall's Life of Washington ; Randall's Life of Jefferson ; Adams's Life of John Adams and Life of John Quiucy Adams ; Rives' s Life of Madison ; Jay's Life of John Jay Sparks' s Life of Gonverneur Morris ; Austin's Life of Gerry ; Parton's Life of Burr and Life of Jackson ; Hammond's Life of Wright ; Garland's Life of Randolph ; Colton's Life of Clay ; Curtis's Life of Webster ; Schuckers's Life of Chase ; Pollard's Life of Jefferson Davis ; Raymond's Life of Lincoln; Tyler's Life of Taney ; Barnes's Thirty- ninth and Fortieth Congresses ; Spencer's Life of T. F. Bayard ; Poore's Political Register. HISTORICAL (SPECIAL PERIODS). Lodge's English Colo- nies ; Frothingham's Rise of the Republic; Curtis's History of the Constitution ; Jameson's Constitutional Convention ; H. Adams's Documents Relating to New England Federal- ism ; Dwight's Hartford Convention ; Carey's Olive Branch ; Ingersoll's Second War -with Great Britain ; Peters's Cherokee Case; Gouge's Banking in the United States; Stryker's American Register (1849-51) ; Cairnes's Slave Power ; Gree- ley's Slavery Restriction ; Chittenden's Peace Conference ; McPherson's History of the Rebellion and History of the Re- construction ; Putnam's Rebellion Record ; Whiting's War Powers ; Callau's JMilitary Laws ; Eaton's Civil Service in Great Britain ; The Nation (1865-81). STRICT CONSTRUCTION. Van Buren's Origin of Political Parties ; Capen's Democracy; Gillet's Democracy in the United States ; Jefferson's Writings ; Madison's Writings ; Woodbury's Writings ; Calhoun's Works ; Hunt's Life of Livingston ; Sedgvvick's Political Writings of William Leg- gett ; Byrdsall's Loco-Foco Party; Hamilton's Memoir of x Preface. Rantoul ; Democratic Review ; Harris's Political Conflict ; Biichanarfs Administration ; A. H. Stephens' War Between the States ; Centz's Republic of Republics. LOOSE, OR BROAD, CONSTRUCTION. Hamilton's Works; John Adams's Works ; Webster's Works ; Clay's Speeches ; Story's Commentaries ; Whig Review ; Ormsby's Whig Par- ty ; Seward's Works ; Sumncr's Works; Creswell's Speeches of Henry Winter L/avis ; Mulford's The Nation ; Andiews's Handbook of the Constitution ; Farrar's Manual ; Tiffany's Constitutional Lazv ; Hurd's Theory of the United States Government. MISCELLANEOUS. Tribune Almanac (1838-81); Cluskey's Political Text-book; Greeley's Political Text-book of 1860; Congressional Reports (particularly those on Kansas, Harper*s Ferry, Covode Investigation, Impeachment of President John- son, Reconstruction, Ku-Klux Conspiracy, Credit Mobilier, Louisiana); Poore's Federal and State Constitution; Appen- dix D is to be credited to Spofford's American Almanac ; Ap* pendix Jfh&s been furnished by the various Departments. CONTENTS. PREFACE AND AUTHORITIES, . . . iii INTRODUCTION, ...... I CHAPTER I. Origin of Political Parties in the United States. Formation of the Constitution of 1787, under the guidance of the Federal Party, ..... 3 CHAPTER II. FIRST ADMINISTRATION, 1789-1793. Settlement of the government, and rise of the Republican Party, . 18 CHAPTER III. SECOND ADMINISTRATION, 1793-1797. The political con- tests of Europe transferred to America. Success of the Federalists in the first national party contest, . 28 CHAPTER IV. THIRD ADMINISTRATION, 1797-1801. Continued success of the Federalists. Alien and Sedition Laws. Defeat of the Federalists. The disputed election of 1800, 41 CHAPTER V. FOURTH ADMINISTRATION, 1801-1805. The Republican Paity in power. Purchase of Louisiana, . .52 xi xii Contents. CHAPTER VI. FIFTH ADMINISTRATION, 1805-1809. Continued decline of the Federal Party. The Napoleonic Wars. The Embargo, . . . . . .60 CHAPTER VII. ?IXTH ADMINISTRATION, 1809-1813. War with England. Opposition to it by the Federalists, . . 69 CHAPTER VIII. SEVENTH ADMINISTRATION, 1813-1817. Discontent in New England. The Hartford Convention. Peace, 76 CHAPTER IX. EIGHTH ADMINISTRATION, 1817-1821. Disappearance of the Federal Party. Appearance of loose construction- ist Republicans. Purchase of Florida. The Slavery Question, and the Missouri Compromise of 1820, . 83 CHAPTER X. NINTH ADMINISTRATION, 1821-1825. The Era of Good Feeling. Real existence of Parties. The disputed election of 1824, . . . . 93 CHAPTER XI. TENTH ADMINISTRATION, 1825-1829. Formation of the National Republican and Democratic Parties. Suc- cess of the Democrats, . . . 96 CHAPTER XII. ELEVENTH ADMINISTRATION, 1829-1833. The Opposition. Rotation in office. Nullification. The National Bank, ... . IO3 CHAPTER XIII. TWELFTH ADMINISTRATION, 1833-1837. Removal of the Deposits. Success of the President. Slavery and the Anti-Slavery Society, . . . I If Contents. x CHAPTER XIV. THIRTEENTH ADMINISTRATION, 1837-1841. Panic of 1837. Defeat of the Democrats. Appearance of an Aboli- tion Party, . . . . 2$ CHAPTER XV. FOURTEENTH ADMINISTRATION, 1841-1845. The Whig Party in power. Its disagreement with President Tyler. Success of the Democrats, and Annexation of Texas, . . . . . . IJ2 CHAPTER XVI. FIFTEENTH ADMINISTRATION, 1845-1849. The Democratic Party in power. War with Mexico. The Slavery Question revived as to territory acquired from Mexico. The Wilmot Proviso. The Formation of the Free Soil Party. The Whig Party evades the Slavery Question, ...... 141 CHAPTER XVII. SIXTEENTH ADMINISTRATION, 1849-1853. The Whig Party in power. Adoption of Squatter Sovereignty by the Democrats. California. The Compromise of 1850. Its acceptance by the Whig Convention, . 151 CHAPTER XVIII. SEVENTEENTH ADMINISTRATION, 1853-1857. The Demo- cratic Party in power. The Kansas-Nebraska Bill, and the Repeal of the Compromise of 1820. Divi- sion of the Whig Party. Rise of the Republican and American Parties. Kansas, . . .158 CHAPTER XIX. EIGHTEENTH ADMINISTRATION, 1^7-1861. The Dred Scott Decision, and its Consequences. Southern Democrats reject Squatter Sovereignty. Division of the Democratic Party. Success of the Republicans. Secession, Conciliation, and attennitec Compromise, 170 xiv Contents. CHAPTER XX. NINETEENTH ADMINISTRATION, 1861-1865. The Repub- lican Party in Power. Civil War. Loose Construc- tionist Measures. The Democratic Party opposes the War and is defeated. Abolition of Slavery, . . 186 CHAPTER XXI. TWENTIETH ADMINISTRATION, 1865-1869. Return of the seceding States to the Union. Reconstruction. Dis- agreement between Congress and the President. The Democratic Party opposes Reconstruction by Congress and is defeated 196 CHAPTER XXII. TWENTY-FIRST ADMINISTRATION, 1869-1873. Reconstruc- tion by Congress accomplished, and the results of the War finally accepted by the Democratic Party. The " Liberal Movement." Success of the Republican Party 209 CHAPTER XXIII. TWENTY-SECOND ADMINISTRATION, 1873-1877. Disturb- ances in the South. The enforcement of Reconstruc- tion. The disputed Presidential Election of 1876, . 223 CHAPTER XXIV. TWENTY-THIRD ADMINISTRATION, 1877-1881. Questions of Currency and Financial Legislation. The condition of the Civil Service 238 Ai PENDIX A. Articles of Confederation, .... 248 APPENDIX B. The Constitution, 262 APPENDIX C. Admission of the States 289 APPENDIX D. Summary of Popular and Electoral Votes in Presidential Elections, 1780-1880, 290 APPENDIX E. Population of the Sections, 1790-1860, . . 297 APPENDIX F. Congressional Representation of the Sections, 1790-1860, 298 APPENDIX G. The Sections in 1870 and 1880, . . . 299 APPENDIX H. Cabinet Officers of the Administrations, . 300 INDEX 305 INTRODUCTION. 1. THE government of the United States 1 , in its origi- nal form (in 1777), was an extreme Democracy, whose controlling principle was the complete independence of separate communities. Those who opposed its change to a Representative Republic (in 1787) were generally distinguished afterwards by a desire that the Constitution then adopted should be construed or in- terpreted strictly according to its terms, and that in- genious interpretations of its provisions should not give the Federal Government any further stretch of power. The party which was thus founded, and which has re- tained the name of Democratic-Republican even to our . own day, has therefore usually been called the Strict ConstrucfHonist party. 2. On the other hand the successive parties which have opposed the Strict Constructionist view, and have endeavored to carry the government still further from its originally extreme democratic form, have generally been distinguished by a desire that the Constitution should be interpreted loosely and broadly, so as to give the 2 American Politics. Federal Government increased power in various objecli of national importance. They have therefore usually been called Loose Constructionist, or Broad Constructionist, parties. 1 Their policy has neces- sarily been one of attack, and each of them has, in the main, been successful in securing a general acceptance by the whole country of the principle upon which its formation was based. 2 3. This question of a strict or a loose construction of the Constitution has always been at the root of legiti- mate national party differences in the United States. Ail other pretended distinctions have been either local and temporary, or selfish and misleading, and the gen- eral acceptance of any such party difference would mark an unfortunate decline in the political intelligence of the people. 1 It must not be imagined, however, that any party has ever called itself "The Strict Constructionist Party," or "The Loose Constructionist Party." lliese names are used as descriptions, not as titles. * The Federalists succeeded in forming a stronger Central Government; Ihe Whigs in maintaining for the Central Government the powerof making cer- tain Internal Improvements at national expense; and the Republicans in maintaining for the Central Government the power of abolishing Slavery (first in the Territories, and afterwards in the States also), of coercing a rebellious Prtate, and of protecting the slaves when set free. The power of the Centra] Govemment to lay Protective Duties on imports, and to organize a national banking system, was maintained for a time by the Wh-gs. and revived uut turied into effect by the republicans. CHAPTER I. ORIGIN OF POLITICAL PARTIES IN THE UNITED STATES i. Political Parties in the United State: had no real existence until the revolution which dissolved al legiance to Great Britain. Most of the colonies were under royal or proprietary governments, in some of which there was a deliberative assembly. But in none of these did the people have such an influence upon the government as would have given to their differences of political opinion the distinction of party membership. In the New England Colonies the opportunities for the formation of parties were greater. The immi- grants in this section of America had brought with hem the town system of local government, and had left behind them the strong central power which had held it in check in England. They had also the good fortune, or the political foresight, to obtain charters from the king, by which they were allowed to exercise powers of government denied to the other colonies To these charters they clung with tenacity, and theii distance from England made it difficult for the king to 4 American Politics. \Circa 1760 overcome their stubborn resistance to his endeavors tc withdraw the gift, when its results had roused his sus- picion and dislike. The consequence was the estab- lishment in New England of a multitude of petty towns, each a pure democracy. In these were put iu practice without question the principles of personal lib- erty, trial by jury, the voting of taxes by the people, and the responsibility of public officials to the people, for which all the succeeding years, and a great expend- iture of blood and money, have hardly been able to se- cure recognition elsewhere. But the questions debated and decided in these petty democracies, or even in the larger colonial assemblies, were not such as give rise to settled differences of opinion and political parties. For these a broader field was necessary. 2. This principle of Popular Sovereignty had spread rapidly from the townships to the collective New England colonies, but was longer in influencing the colonies to the southward. It was not until about the year 1760 that this work can be considered accom- plished. By that time most of the thinking men in the colonies agreed in believing that in the colonies rested the right to govern themselves. The principle had beau repeatedly announced in theory before revolution was thought of, but personal loyalty to the king, pride in the name of Englishman, and the infrequent exercise by England of her asserted rights of absolute dominion over her colonies, permitted it to lie dormant. In the year 1760 the financial necessities of England drove her into a fifteen years' intermittent endeavor to govern th /77 6 1 Whig and Tory. 5 colonies without their consent. The attempt at .once awakened the principle of popular sovereignty, and the continuing contest increased the extent of its accept- ance, until it became strong enough to overcome the forces which had hitherto held it in check. 3. During this period of contest the English paiiy names, Whig and Tory, became naturalized it America. Their use at first was only nominal, for those who claimed them had no power to influence the course of government. Lord North and his Tory ministry and party, being in power and in need of money, ad- vocated repressive and coercive measures toward the insubordinate colonies, and these were naturally op- nosed by the Whigs, the party in opposition. The name of Whig, therefore, became more popular yearly in the colonies, and was the boast of thousands whose only claim to it lay in their gratitude to the real Whigs in England. 4. The successive Congresses of delegates from the different colonies, which gradually learned to exercise all the functions of government, to form an army and navy, to organize a post-office department, and to raise money for national purposes, were recognized and at- tended only by the so-called American Whigs. Therefore, although they offered no opportunity for party contests, they at least gave the American Whigs an influence, whether rightful or usurped, upon the course of government, and thus made them the first American political party. As soon as independence was announced, in 1776, to be the final object of the 6 American Politics. [1776 contest, the names Whig and Tory lost, in America whatever ot British significance they had ever possessed. One who espoused the cause of the revolted colonies was called a 'Whig, and one who still clung to the mother country and the crown was called a Tory. Th Tory party was finally abolished at the close of the Rev olution, when the triumphant Whigs confiscated th estates of its more active members, and compelled their owners to emigrate. 5. Before the end of the year 1776 most of the States had settled their forms of State government. These were generally such adaptations of the old colonial gov- ernments as the altered condition of affairs seemed tc demand. But there was greater difficulty in settling a collective government for all the States. The idea of popular sovereignty, of local government, had spread from the township to the county, and from the county to the colony, without evil results. But the difficulty of intercommunication, and the diversity of local inter- ests, caused each State to regard the others as, in great measure, foreign soil. And, now that a Confed- eracy was to be formed, the determination of each Stile to allow no dictation from its neighbors, or from the new Federal Government, was found to be an in- Uiperable barrier against the formation of a close union fn i.heir anxiety to be without a master the States left themselves without a government. 6? The form of government for the new Confeder acy 1 was agreed upon in Novemter, 1777. The Con 1 See Appencix A. 1 777-] First Confederation. J gress was to be composed cf not more than seven, 01 less than two, delegates from each Stale, to be chosen by the Legislature. The States were to be equal in power, each having but one vote, no mattei how great its population or wealth. There was to be no Presi dent or other Executive power, except committees o* Congress. Important measures required the votes of nine of the thirteen States, and amendments required the votes of all. Congress had hardly more than an advisory power at the best. It had no power to pre- vent or punish offenses against its own laws, or even to perform effectively the duties enjoined upon it by the Articles of Confederation. It alone could declare war, but it had no power to compel the enlistment, arming, or support of an army. It alone could fix the needed amount of revenue, but the taxes could only be col- lected by the States at their own pleasure. It alone could decide disputes between the States, but it had no power to compel either disputant to respect or obey its decisions. It alone could make treaties with foreign nations, but it had no power to prevent individual States from violating them. Even commerce, foreign and domestic, was to be regulated entirely by the States. and it was not long before State selfishness began to show itself in the regulation of duties on imports. In everything the States were to be sovereign, and theii creature, the Federal Government, was to have only strength enough to bind the States into nominal unity, and oniy life enough to assure it of its own practical Miuv)tence. The jealous States then felt, with consitl 8 American Politics. erable satisfaction, that their liberties \\ere reasonably secure 7. A human society bound together by no strongei lies than those provided by the Articles of Confed- eration must tend naturally to anarchy. Even dui ing the War of Revolution the weakness of the govern- ment seemed to many to portend financial ruin and a speedy dissolution of the Union. As soon as the press- ure of war was removed the symptoms of disintegra- tion grew alarmingly worse. Congress had become a mere Rump, without dignity, without power, and with- out a home. It .was compelled to appeal repeatedly to the States before it could obtain a quorum of mem bers to ratify the treaty of peace. Many of the States icfused or neglected to pay even their allotted shares of interest upon the public debt, and there was no power in Congress to compel payment. Eighteen months were required to collect only one-fifth of the taxes assigned to the States in 1783. The national credit became worthless. Foreign nations refused to make commercial treaties with the United States, pre- ferring a condition of affairs in which they could lay any desired burden upon American commerce without fear of retaliation by an impotent Congress. The na innal standing army had dwindled to a corps of eight} men. In 1785 Algiers declared war against the Un tea States. Congress recommended the building of five 4o-gun ships of war. But Congress had only powei to recommend. The ships were not built, and the Al- gerines were permitted to prey on Americjn commerc* 1785-] Taxation. Revision. 9 with impunity. England still refused to carry out the Treaty of 1783, or to send a Minister to the United States. The Federal Government, in short, was dc- S]v.sed abroad, and disobeyed at home. 8 The apparent remedy was the possession by Con- gress of the power of levying and collecting internal taxes and duties on imports, but, after long urging, it was found impossible to gain the necessary consent of all the States to the article of taxation by Congress. In 1786, therefore, this was abandoned, and, as a last resort, the States were asked to pass an Amendment intrusting to Congress the collection of a revenue from imports. This Amendment was agreed to by all the States but one. New York alone rejected it, after long debate, and her veto seemed to destroy the last hope of a continuance of national union in America. Per- haps the dismay caused by the action of New York was the most powerful argument in the minds of many foi an immediate and complete revision of the government. 9. The first step to Revision was not so designed. In 1785 the Legislatures of Maryland and Virginia, in pursuance of their right to regulate commerce, had ap- pointed Commissioners to decide on some method of doing away with interruptions to the navigation of Chesapeake Bay. The Commissioners reported their inability to agree, except in condemning the Articles of Confederation. The Legislature of Virginia followed the report by a resolution, inviting the other States to meet at Annapolis, consider the defects of the govern- ment, and suggest some remedy. In September, 1 786, 10 American Politics. delegates from five of the Middle States assembled, bin confined themselves to discussion, since a majority of the States were not represented. The general conclu- sion was that the government, as it then stood, was in- adequate for the protection, prosperity, or comfoit of the people, and that some immediate and thorough re form was needed. After drawing up a report for thei? States and for Congress, recommending another con- vention, to be held at Philadelphia, in May, 1787, they adjourned. Congress, by resolution, approved their re- port and the proposed Convention. 10. The Convention met as proposed, May i4th, 1787, being composed of delegates from all the States, with the exception of Rhode Island. Its proceedings were secret, but an account of them was afterwards drawn up from Mr. Madison's notes. Washington, who was a delegate from Virginia, was chosen a.? presiding officer, and the Convention decided to transcend the instructions given to the delegates, and form an entirely new Constitution, on the ground that the work must finally be submitted to, and approved by, the people, before it could go into effect. May 29th, Randolph, of Virginia, offered the so-called " Virginia plan " for a new government. It consisted of fifteen points, of vhich the most important were that representation io the new Congress should be proportional to population and that Congress should have power to compel ihe States to fulfill their obligations. These provisions were particularly distasteful to the smaller States, who pre- fen-ed the " New Jersey plan," offered ty Patters >n, oi 1787.] The Constitution of 1787. n New Jersey, which continued the old Confederation^ but with the additional power to regulate commerce, and to raise a revenue. By this plan the smaller and larger States would still have been equal in power, June 1 9th the Convention rejected the New Jersey plan, and took up that of Virginia for consideration. After long debate a compromise was made. The smaller States agreed to take a proportional share in the lower of two Houses of Congress, in return for an equal share in an upper House. The question of omit- ting or including slaves in reckoning population as a basis for representation was compromised by agreeing to estimate them as equal to three-fifths of the same number of whites. The friends and enemies of the slave-trade agreed not to prohibit it until 1808. Other debatable questions were adjusted in the same spirit, and in September, 1787,^6 Constitution of the United States was completed, 1 being, like all other sound and lasting political works, the result of wise, judicious, and even-handed compromise. n. Any full discussion of The Constitution of 1787 must be left to the treatises upon it. But there are some points which require notice, in view of party ac- tion upon them. Unquestionably the most important creation of the Constitution was The Federal Judi- ciary. It will be seen that the only guarantee for the observance of the Articles of Confederation was the naked promise of the States. This had been found tc oe utterly worthless. The creation of a system of 1 See Apper. lix B, where the Confederation is compared with t. 12 American Politic. United States Courts, extending throughout the States, and empowered to define the boundaries of Federa] authority, and to enforce its decisions by Federal power, supplied the element needed to bring order out of chaos. Without it the Constitution might easily have proved a more disheartening and complete failure than the Arti cles of Confederation. 12. How far The New Federal Government succeeded to the sovereign rights of the States and formed a centralized government in their place each must decide for himself by a study of the Constitution, and on his decision will depend generally his party membership. All agree that the new Federal Govern- ment succeeded to at least a part of the sovereign rights previously vested in the States, that the Federal Gov- ernment thus obtained what it had previously lacked, the power over individuals, and that, within the sphere abandoned to it, the Federal Government is supreme. How far that sphere extends is, and it is to be hoped always will be, a great party question. The very Pre- amble, "we, the people of the United States," has been construed by one party as an assertion that the Constitution was adopted by the people of each Statt for itself, and by the opposite party as announcing th consolidation of discordant states into one powerful na lion, not a mere league. All agree that it was intended "to form a more perfect union," but all do rot agree as to how nearly perfect that union was to be. 13. The Powers Granted to Congress in Arth cte I, \ 8, should be carefully studied, for the antagc 1787.] Nature of the Constitution. 13 nistic views of the Strict Constructionist and Loose Con- structionist parties have always been most clearly shown in interpreting them. For instance, under the clause* which give Congress the power to establish post-roads, and to provide for the common defense, Loose Con- structionists have claimed, and Strict Constructionista have denied, that Congress has power to appropriate public money for the building of roads, and for general internal improvements. There is hardly a clause in this whole section upon whose interpretation and applica- tion the members of opposite parties agree, except when impelled to do so by selfish interests. 14. Is the Union a federal, or league, government, as claimed by the Strict Constructionists, or a centralized national governmsnt, as claimed by the Loose Con- structionists ? Tne question may best be answered in the words of Mr. Madison: "The Constitution is, in strictness, neither a national nor a federal constitution, but a composition of both. In its foundation it is fed- eral, not national ; in the sources from which the ordi- nary powers of the government are drawn it is partly federal and partly national; in the operation of these powers it is national, not federal ; in the extent of them, again, it is federal, not national; and, finally, in the au- thoritative mode of introducing Amendments it is nei- ther wholly federal, nor wholly national." 15. Only thirty -nine of the fifty-five delegates to the Convention signed the Constitution, and it cannot truly be said that it really satisfied any one. Had it been entirely satisfactory to one great patty, it would have 14 American Politics. [1787 been intolerable to the other. But it w;.s a coi ipromisc in every important particular, and each party, while la menting its own concessions, could derive some satis- faction from considering those of its adversaries. For, on the question of its adoption, the people of the Unite* 1 States had at last divided into opposing parties, Feder alists and Anti-federalists, though both parties varied these formal titles by the use of such spiteful and op- probrious epithets as party hatred so well knows how to invent and apply. g 16. The extreme Federalists were anxious for a strong government, and, if possible, for a monarchy. During the secret proceedings of the Convention the report was common that the " high-flying " Federalists had induced it to call an English prince to the throne of the United States. The great mass of the party however, had no such desire. They despised the Con- federacy as a mere " rope of sand," which would fall apart at the first shock, and leave the separate States to become the successive prey of a foreign enemy, or of each other. In place of it they wished to see a strong republican government, fitted to make itself respected abroad, and obeyed at home. In supporting the new Constitution the Federalists were aided by many who were their natural opponents, but who either despaired of anything better, or were influenced by respect for the great names appended to or favoring it. 17. The extreme Anti-federalists wished for no Federal Government whatever, but for a continuance of the league between thirteen independent republic? 1787.] State Conventions. IJ The great mass of the party were united only in oppos- ing the new Constitution, which seemed to them fan- tastic and experimental, and a fit instrument to deprive he States of the liberties which they had gained by the sword. But no definite and united line of action was taken by the Anti-federalists. Many of them united with the Federalists in accepting and voting for the Constitution, but with the hope and expectation of fut- ure amendments. The whole party in a few years be- came a Strict Constructionist party, accepting the Con- stitution unreservedly, but aiming to confine the powers of the Federal Government to the letter of its terms. 18. September lyth, 1787, the new Constitution was transmitted to Congress and thence referred to Con- ventions of the several States for adoption or rejec- tion. The opposition was chiefly in the great States of New York, Virginia, and Massachusetts, but was shown in varying degrees in all the Conventions. Many of the States followed the " Massachusetts plan," adopting the Constitution, but strongly recommending amend- ments to it. Even with this expedient, it was only adopted by votes of 31 to 29 in New York, 88 tc 80 in Virginia, and 187 to 168 in Massachusetts. North Carolina and Rhode Island at first rejected, but inois than a year afterward adopted it, their ratifica- tions only reaching Congress in 1790. KJ. According to the terms of the Constitution, ij \vas to go into effect as soon as rdopted by nine States. The contest between Federalists and Anti-federalists lasted for months. A noble relic of the controversy if 16 American Politics. the series of papers written by Hamilton, Jay, and Mad ison, over the joint signature of Publins, explaining and defending the Constitution. They are known collect- ively as T) ' e Federalist. It was not until June 2ist 1788, that the ninth State ratified the Constitution, and it became an accomplished fact. New York and Vir ginia soon afterwards ratified it, and only North Caro- lina and Rhode Island refused. July i4th, 1788, the Congress of the Confederacy, which was in session, re- ferred the ratifications received from nine States to a committee which reported a resolution for carrying the new government into effect. There was some difficulty in deciding upon a time and place of meeting for the new Congress, but it was finally fixed at New York, March 4th, 1789. The first Wednesday of January, 1789, was appointed for the choice of electors for Pres- ident and Vice-President, and the first Wednesday in February for the voting of the electors. 20. The Constitution has always been plain enough to guide the policy of the statesman and the decisions of the judge, and yet elastic enough to give full play to honest differences of opinion and party con test, and to fit the body politic at any time during its growth from 3,000,000 to 40.000,000 inhabitants. The first eleven Amendments were added so soon after its adoption that they may fairly be considered a part of the original instrument. It was then complete, and, with the exception of the change in the manner of vot- rng for President and Vice-President, aftei the disputed election of 1800, nc further alteration was found neceo- 1788.] The Constitution Adopted. 17 sary until the extirpation of Slavery introduced three Amendments which would have been impracticable in 1787. Even now, with the exception of the old tor- ment of the Presidential election, there is seldom any serious suggestion of a point in which the Constitution would be benefited by a revision. Its wheels move as smoothly to-day as at any time since the inauguration of the first President. Their motion is so quiet that we are usually unconscious of our own comfort. The tests of foreign and civil war, of bitter party and personal contests, of financial convulsion and an unparalleled prosperity, have tried and approved it. The stability of our own government, compared with the radical changes in those of every other civilized nation during the past ninety years, is an honorable memoiial of the political wisdom of the men who framed the Constitu- tion of 1787, and of their desceiidanls who ha /e ex- pounded and obeyed it. 8 CHAPTER II. FIRST ADMINISTRATION, 1789-1793. Washington, President. John Adams, Vice- Preai deal 1st and Hd Congresses. i. MARCH 4th, 1789, had been appointed for the 1st Congress, formal inauguration of the new Extra Session. Government, but the members elect had not yet unlearned the Confederacy's slovenly habits. It was not until April 6th that a sufficient number of members of Congress arrived in New York to form a quorum and count the electoral votes. At that time, and until 1805, no electoral votes were cast distinctively for President and Vice-President. Each elector voted by ballot for two persons. If a majority of all the votes were cast for any person, he who re ceived the greatest number of votes became President and he \\ ho received the next greatest number became Vice-President. When the votes were courted in 1789 they were found to be, for George Washington, of Virginia, 69 (each of the electors having given him one vote), for John Adams, of Massachusetts, 34 18 1789-] Organization. Cabinet. 19 and 35 for various other candidates. Washington re- ceived notice of his election, and, after a triumphal progress northward from his home at Mount Vernon, was sworn into office April 3oth. The Vice-President had taken his place as presiding officer of the Senate a few days before. 2. Frederick A. Muhlenberg, of Pennsylvania, was chosen Speaker of the House, but the vote had no party divisions, for Parties were still in a state of uttei confusion. Between the extreme Anti-federalists, who considered the Constitution a long step toward a des- potism, and the extreme Federalists, who desired a monarchy modeled on that of England, there were all varieties of political opinion. The union between the moderate members of both parties in support of the new form of government still existed. The extreme impor- tance of Washington lay in his ability, through the uni- versal confidence in his integrity and good judgment, to hold together this alliance of moderate men for a time, and to prevent party contest upon the interpreta- tion of Federal powers until the Constitution should show its merit and be assured of existence. 3. The President selected his Cabinet with a care- fal regard to the opposite opinions of his supporters. The Treasury Department was given to Alexander Hamilton, of New York, a Federalist, and a lavvyei of distinguished ability, who had served with credit in the Revolutionary War, and was considered the ablest man of his party. The War Department was given to General Henry Knox, of Massachusetts, also a Fed- 2O American Politics. eralist. The State Department was given to Thomai Jefferson, of Virginia, an Anti-federalist. He was the author of the Declaration of Independence, and had the confidence of all the factions of his divided party. Edmund Randolph, of Virginia, also an Anti-federal- ist, was appointed Attorney-General, and John Jay, of New York, a Federalist, Chief Justice of the Su- preme Court. 4. Twelve Amendments were adopted by this Session of Congress, in order to meet the conscientious objections of many moderate Anti-federalists, and to take the place of a " Bill of Rights." Ten of these, having received the assent of the necessary number of States, became a part of the Constitution, and now stand the first ten of the Amendments. They were intended to guarantee freedom of religion, speech, person, and property. The positive requests of so many States, and the continued refusal of two States to enter the Union, were strong incentives to their adoption, and the opposition to them came mainly frcm the extreme Anti-federalists, who considered them delusive and insufficient, and only calculated to create a fatal feeling of security against centralized govern- ment. 5. The most important work of this Session was the Regulation of Commerce and the settlement of a Tariff. During the debate some of the Anti-federal- ists made an attempt to arrange the duties so as t discriminate against England and in favor of other nations, but the attempt failed in the Senate. A Tariff 1 790.] The Public Debt. 21 Act was passed by both Houses, and appro >red July 4th. Its preamble stated one of its objects to be "the encouragement and protection of manufactures." This language is notable as stating the main object of the "American," or High Protective Tariff, system, thirty years before it became a party tenet. After directing the Secretary of the Treasury to prepare a plan for the ettlement of the public debt, Congress adjourned September 29th, until the following January. In No- vember, 1789, North Carolina finally ratified the Constitution, and entered the Union. 6. Congress met at Philadelphia, January 4th, 1790. 1st Congress, January gth Hamilton offered his ist Session. famous Report on the Settle- ment of the Public Debt. It consisted of three recommendations, first, that the foreign debt of the Confederacy should be assumed and paid in full; second, that the domestic debt "of the Confederacy, which had fallen far below par and had become a synonym for worthlessness, should also be paid at its par value ; and third, that the debts incurred by the States during the Revolution, and still unpaid, should be assumed and paid in full by the Federal Govern- ment. 7. Hamilton's First recommendation was adopted unanimously. The Second was opposed, oven by Madison and many moderate Anti-federalists, on the ground that the domestic debt was held by speci labors, who had bought it at a heavy discount, anzton and Jefferson, both from Virginia. The Pres- idential Election took place November 6th, 1792, and resulted in the success of the Federalists. 1 6. Congress met November 5th, 1792. Its meas- Ild Congress, ures had reference mainly to the ad Session. raising and expenditure of the rev- enue, in regard to which the Republicans had not yet settled upon any united course of action. The onl) party contest of the Session was an unsuccessful at- tempt of the Republicans to pass a vote of censure upon their enemy Hamilton for his management of the Treasury, and for his indignant and somewhat dis- courteous language in a message to the House. In February, 1793, the electoral votes were counted, and were found to be, for George Washington 132 (each of the electors having given him one vote), for John Adams 77, for George Clinton 50, for Thomas Jeffer- son 4, and for Aaron Burr i. Washington was therefore declared elected President, and Adama Vice-President. March 2d, 1793, Congress adjourned, ind March 4th, Washington and Adams were swora into office. CHAPTER III. SECOND ADMINISTRATION, 1793-1797. Qcoige Washington, President. John Adams, Vice-President Hid and IVth Congresses. 1. EARLY in April, 1793, news was received thai France had declared war against Great Britain and Holland. It excited the sympathies of the American people for their sister republic, even though that repub lie was the aggressor. One of the great parties spe- cially affected the leveling principles avowed by the French Republicans, and the opposite party would not have objected to their limited success. There was no open war party as yet, though many considered the treaty (of 1778) still in force, which bound France ami the United States to offensive as well as defensive al liance. The country was in a position to drift easily into war as an ally of France ; and many of its citizeiu were certain to criticise severely any act of their own government which seemed unfriendly to the French Re- public. 2. Washington always deliberated slowly and calmly 28 !793-] Proclamation of Neutrality. 29 though he was immovable when he had decided. He consulted his Cabinet, and by their unanimous advice determined, notwithstanding the inevitable unpopularity of the act, to regard the former treaty as nullified by the change of government in France, and to issue his Proclamation of Neutrality between the French kepub?\c and her enemies. The proclamation roused intense anger. For the first time the extreme Repub- lican, who might now almost be called the French party, assailed the President personally. He was ac- cusea of being an enemy to France and republican in- stitutions, of usurping the functions of Congress in the decision and announcement of peace and war, and of setting at naught a solemn treaty, to whose observance the faith of the country was pledged. 3. The bitterness of the pro-French newspapers was increased by the arrival of Citizen Genet, who had been accredited by the French Republic as Minister to the United States. He had reached Charleston, S. C., April 8th, and, misled by the warmth of his reception, he entered on and persisted in a course which would only have been pardonable if he had been still on French soil. He undertook to commission cruisers from Amer- ican ports, which captured British vessels even in Amer lean waters. He created courts for the trial and COD demnation of such prizes, and began to raise money and enlist men for the service of France. The British agent complained of these violations of neutrality, and Genet was informed by Jefferson that they must cease. Two of his American recruits were arrested and com 30 American Politics. I 1 793 mitted to jail. Against this Genet remonstrated in ef fensive language, and, making Philadelphia his head quarters, persevered in breaking the law. 4. He was encouraged by the so-called Demo- cratic Clubs which had been formed by the more vio ent Republicans, in imitation of the Jacobin clubs of France. They had adopted the wildest follies of theii French prototypes. They had changed their aristo- cratic title of Mr. to that of Citizen, and their daughters were r^arried under the name of Citess. They were even scandalized by that relic of European aristocracy, the spread eagle upon public papers. To Republicans of this type the character and past services of Washing- ton were no bar to the severest denunciation of his con duct to Genet and the French Republic. 5. Through the Summer of 1793 the insolence of Genet towards the President and Cabinet became still more offensive, and his subordinates imitated theii chief. The French consul at Boston, with a body of marines from a French war vessel in the harbor, res- cued a libeled vessel from the Unucd States Marshal. An American privateer under French colors left Phila- delphia in flat defiance of direct orders from the Fed- eral Government. French officers in Georgia began to organize expeditions against the American possessions of Spain, with which country France was now at war. Finally Chief Justice Jay, and Senator King, of New York, declared over their signatures in a New York newspaper that Genet had in private declared his in tention to appeal from the Government to the people 1 793-1 Hostility to England. 31 To the astonishment of Genet, v^> n seems not to havft been aware of the extent to which free political discus sion may harmlessly be carried, this announcement alienated from him all but the most violent of his former supporters. His popularity was gone. The American Government asked his recall, and until this took place in the following winter his only noteworthy action was his declaration that Chief Justice Jay and Senator King had told a falsehood. 6. Congress met December 2d, 1793, with a slight Hid Congress, Republican majority in the House, ist Session. where F. A. Muhlenberg, of Penn- sylvania, a Republican, was chosen Speaker. The doubtful vote, however, was still so large that there was no real party majority. The President's Proclamation, and his treatment of Genet, were approved, though nc warmly, in the House, where there was increasing Hos- tility to England, provoked by England's systematic neglect of the interests and feelings of the United States. 7. England had never accredited a Minister Resi- dent to the United States, and had refused to carry out those articles of the Treaty of 1783 which bound her to surrender her military posts on United States soil, and to pay for slaves carried away by her armies. It was firmly believed that her agents had interfered to pre- vent treaties of peace with the savages of the North- West, and had incited them to renewed attacks upon the frontier settlements. An unexpected treaty of peace between Portugal and Algiers, which had let loose the 32 American Politics. L I 793 Algerine pirates for a warfare upon the Atlantic against unprotected American commerce, was attributed to English intervention. The impressment of American seamen, under color of their resemblance to English- men, was a growing grievance. All English ships ot war had been ordered, on the 8th of June, 1793, to stop vessels bound for France with corn, and compel them to change their course to an English port. This blow at American commerce with France had been supplemented by a further order of November 6th, that all such vessels should be seized and sent to Great Britain for trial by English courts. Her refusal to evacuate the Western posts was grounded on the un- justifiable neglect of the United States to enforce that article of the Treaty of 1783 which provided for the payment of debts due to British subjects. For her further offensive measures no justification was offered, except her sovereign will. She acted apparently undei the belief that the United States were the concealed, but soon to be the avowed, ally of her enemy, an& thus she contributed in no small degree to swell the current of anti-English feeling. 8. The retaliating orders and decrees of Great Brit- ain and the French Republic had already injured Amer- ican commerce. In an Official Report of December i6th Jefferson advised friendly arrangements for their cessation, if possible, and, in default of these, active re- taliation upon the offending nation. As England was more likely to be the offender, the Republicans promptly adopted the suggestion, and, January 4th, 1794, Madi- 1 794.] Jay's Nomination. 33 son introduced resolutions imposing prohibitory duffel upon English goods. They were d. bated, at intervals, for two months, but finally failed. 9. The Debates of this Session were mainly upon commercial matters. The Federalists wished to form navy, and to maintain neutrality between England rnd France, which was all that England's course al- lowed them to ask. The Republican policy was a mixt- ure of two opposites. It called for a prohibition of trade with England, or, at the least, for discriminating duties against English imports, and yet opposed any naval preparation for the war to which such a polic) must have led. Parties were so evenly divided, and the doubtful vote changed sides so frequently that in the middle of April, 1794, no decided result had been reached. 10. An unlocked for step was taken by the Presi- dent, April 1 6th. He nominated Chief Justice Jay to be Envoy Extraordinary to England, for the pur- pose of preserving peace by a new treaty. The Senate, where the Federalists had a small majority, confirmed the nomination. The Republicans of the House, on the 1 8th, endeavored to baulk the mission in advance by a resolution entirely prohibiting trade with England. The Senate rejected the resolution, and Jay sailed foi England. 11. Party Contests were numerous throughout \he Session. The Federalists succeeded in passing a *>ystcm of indirect taxation to provide for the increased expenses of the Government, the Republicans voting 34 American Politics. r '794 for direct taxes. A Federalist bill to prevent such practices as Genet's was opposed by the Republicans, and bitterly denounced by the Democratic clubs, but was passed with some modifications. Some of the Re- publicans again attempted, and again without success,, to pass resolutions censuring Hamilton's management of the Treasury. The Republicans had been alarmed by a decision of the Supreme Court that an action brought by a citizen of the United States would lie against a State, just as against any other corporation. At this Session, therefore, an Amendment was adopted, securing States against suit in United States Courts. It was afterwards ratified by the necessary number of States, and became the Xlth Amendment, which has enabled so many States to repudiate debt with im- punity. Congress adjourned June gth, 1794. Genet's actions had previously been disavowed by a new Rev- olutionary Government in France, and I'auchet sent in fris stead. 12. Before Congress re-assembled the so-called Whiskey Insurrection against the enforcement of the Excise Law had been suppressed. It had no po- itical results, except as it strengthened Federalism, by Strengthening popular sympathy with the Administra- tion. It was also one cause of the downfall of the Democratic clubs, which Washington had publicly ana officially, though perhaps mistakenly, declared to be the instigators of the Insurrection. They thus lost pop ularity, and the overthrow of Robespierre and the French Jacobin clubs was soon followed by the igno- m ious death of their American imitations. 1 795.] Jay's Treaty with England, 35 13. Congress met November 3d, 1794. In January- Hid Congress, 1795, Hamilton felt compelled to ad Session. leave the Cabinet, and resume the practice of law in New York. His last official act was the arrangement of a plan of Internal Taxation which was offered to Congress, and furnished materia, for debate throughout the Session. It was adopted against the opposition of most of the Republicans. Congress adjourned March 3d, 1795. 14. Jay had concluded a Treaty with England, which did not satisfy him, but was the best that he could procure. It reached America March 7th, and was sent to the Senate in Special Session June 8th. It was ratified by the necessary two-thirds majority, and only awaited the signature of the President to become law. Popular curiosity was stimulated by the secrecy of the debates. When, on the zgth of June, a Senator in violation of his word gave a partial copy of Jay's Treaty for publication, and it was found that by its terms England was still at liberty to impress American seamen, to harass American commerce, and to shut it out from the West India trade, the wrath of the Re- publicans rose to fever heat, and Federalists could hardly contrive an apology for a surrender with which they also were generally dissatisfied. In all the large cities public meetings condemned the treaty, and called upon the President to withhold his signature. 15. But The President felt that a treaty of some kind was necessary, and that no better one could theD be obtained. He therefore signed it Hitherto criti- 36 American Politics, [^795 cisms on Washington's policy had not been uncommon, but his action in signing Jay's Treaty brought out as- persions upon his private character, which were carried so far that he declared "he would rather be in his grave than in the Presidency." He was charged by the extreme Republicans with usurpation, treason to his country, and hostility to her interests. The con- tinued sufferings of American prisoners in Algiers were ascribed to his criminal indifference. He was accused of having shown incapacity during the Revolution, and of having embezzled the public funds while Presi- dent. He was threatened with impeachment, with assassination. Even the honored epithet so long given to him was burlesqued, and Washington was for a time known to the Republicans as "The Step-Father of his Country." And yet, within a year, his unyielding common sense was justified by a revival of trade which gained friends for Jay's Treaty, even among its formerly bitter opponents. 16. Congress met December yth, 1795, with a small IVth Congress, Federalist majority in the Senate, ist Session. and a Republican majority in the House, though even there the Federalists succeeded in choosing Jonathan Dayton, of New Jersey, Speaker The Senate, in reply to the President's Message, echoed his words, but the Republican majority in the House, in order to censure the President indirectly, voted down the first sentence of their committee's draft of a reply, including an expression of "their confidence in th President, and their approval of his course." 1796.} Debates on Jay's Treaty. 3J 17. March ist, 1796, the Piesident sent to Congress ft copy of his proclamation, announcing to the people that the treaty with England, having been ratified b} the Senate and signed by the President, had become aw In the House this caused dissatisfaction, and, against the wishes of some of the moderate Republic- ans, a reso.ation was passed, March 2d, calling upon the President to send to the House all papers relating to Jay's Treaty. The President refused to do so, giving as his reason that the House was not a part of the treaty-making power of the Government. The House retorted by another resolution declaring its right to decide on the necessity of any treaty by which public money was to be expended. 1 8. From the Federalist side of the House a resolu- tion was then offered, declaring that provision ought to be made by law for carrying the treaty into effect. The Debate upon this resolution, in which Fisher Ames, of Massachusetts, led the Federalists, lasted until April 2gth. By that time public opinion had pronounced in favor of the treaty too emphatically to be disregarded just before a Presidential election. The Republican majority yielded and the resolution was passed. The beginning and the end of the Session were taken up by debates upon the revenue, in which an increase of duties upon imports was urged by the Federalists, but successfully opposed by the Republic- ans. Congress adjourned June ist, 1796. On that day Tennessee, formerly a part of North Carolina became n State of the Union. 38 American Politics. 19. During the Summer of 1796 preparations were begun, and electors were nominated for the Presiden- tial election in November. Washington's hold was stronger upon the people than upon the politicians, and he was importuned to accept a third term of office. Electors nominated by both parties were called upon to promise that, if elected, their first votes should be given for Washington. His decision to retire to private life could not be altered, but he decided to publish it in a form which should always remain as his answer to the attacks upon him, which had been made, to use nis own words, " in terms so exaggerated and indecent as could scarcely be applied to a Nero, a notorious defaulter, or even to a common pickpocket." 20. Washington's Fare-well Address to the American people is dated September iyth, 1796. It consists of a modest estimate of his own services to the new Government, a congratulation that the cir- cumstances which gave a temporary value to those services were past, an appeal to the people to preserve intact the unity of the Government, to put down party spirit, and to make religion, education, and public good faith the basis of government, and, lastly, a needed warning against the admission of any foreign influence upon American councils. It can hardly be read without renewing the conviction that George Washington was an unconscious but sincere Federalist, ihough hardly a fair critic of party spirit, a modes! Christian, a devoted lover of country, and a great, un- ielfish man. 1796-} Pi isidcntial Election. 39 21. The Farewell Address was the preliminary to the first contested Presidential Election. The Constitution had fairly shown its merits. Its continued existence was assured, and there was no longer any necessity for keeping the political peace between the two great parties. No formal nominations were made but it was understood that the Republican elector? would cast their votes for Thomas Jefferson, of Vir- ginia, and Aaron Burr, of New York, and the Federal- ist electors for John Adams, of Massachusetts, and Thomas Pinckney, of Maryland. Hamilton's ardent political zeal had made so many enemies that he was not considered a suitable candidate. The Federalists claimed support as the authors of the Government, the friends of neutrality, peace, and prosperity, and the direct inheritors of Washington's policy. The Republicans claimed to be the friends of liberty ana the rights of man, the advocates of economy and of the rights of the States, and refused to recognize theii opponents as the inheritors of any policy but that of England. The Presidential election took place in November, 1796,* and the French Minister undertook lo influence it by an extraordinary "Address to the Ymerican People," in which he hinted that his Govern- ment would cease intercourse with the United States unless the Republicans were successful. Federalist electors were chosen in most of the Northern States, while the Southern States, with the exception of Mary- 1 Until about 1824-1828 electors were generally chosen, not directly by th people, but by the Legislatures of the various States. 40 American Politics. [*797 land, generally chose Republicans. The result was a slight Federalist majority. 22. Congress met December 5th, 1796, but its pro- IVth Congress, ceedings gave little opportunity ad Session. for party contest. In the House an attempt was made to renew the last year's expres sion of want of confidence in Washington, but it was defeated. In February, 1797, the electoral votes were counted, and were found to be, for John Adams 71, for Thomas Jefferson 68, for Thomas Pinckney 59, for Aaron Burr 30, and the rest scattering. 1 John Adams was therefore declared to be elected President, and Thomas Jefferson Vice-President. The Executive was thus Federalist, with a possibility of a Republican succession, in case of the death, disability, or impeach- ment and removal of the President. It was plain that a mode of election which offered so much temptation to the cupidity of party or the caprice of fortune was faulty, and could not endure. A further experience ol its danger, however, was needed to enforce its amend- ment. Congress adjourned March 3d, 1797. Marcfc 4th Adams and Jefferson were sworn into office. * Two electors obstinately voted for George Washington CHAPTER IV. THIRD ADMINISTRATION, Jpfin Adams, President. Thomas Jeffer sen, Vice-Presidm, Vth and Vlth Congresses. i. THE beginning of Adams's Administration was marked by a more open manifestation of bad feeling by the French Republic, which was ascribed by the Federalists to the anger of the French Directory on account of the Republican defeat, and by the Repub- licans to the anxiety of two successive Federalist Ad- ministrations to be in close dependence upon England. In 1797, Monroe, an ardent Republican, who had been Minister to France, was recalled, and C. C. Pinckney was sent in his place. At Monroe's departure from Paris the French Directory announced, in studied terms :)f affection for the American people and of contempt for the American Government, their intention to re- ceive no more American Ministers until their grievances were redressed. Prominent among these grievances was Jay's Treaty. At the same time Pinckney was or- dered to quit the territory of France at once. 42 American Politics. L I 797 2. Upon receipt of this news the President hastilj Vth Congress, called an Extra Session of Con- Extra Session, gress for the i5th of May. Both branches had Federalist majorities, and Jonathan Day- ton, of New Jersey, was chosen Speaker of the House The main business of the Session was to listen to ai Address of the President in which he announced his intention to send three envoys to France, as a last effort to obtain peace. Many of the Republicans con- sidered the whole trouble to be the result of Federalist intrigues, but a majority of both Houses approved the President's course. Congress adjourned July loth, 1797, and the envoys soon after departed for France. Through the Summer of 1797 parties remained as be fore, each accusing the other, perhaps with equal jus- tice, of a willingness to sacrifice the interests of Amer- ica to those of a foreign country. A foreign traveler about this time said that there seemed to be in Amer- ica many English, many French, but very few Ameri- cans. 3. The envoys to France, after patiently enduring for months a treatment unworthy the embassadors of a free people, including a demand for a bribe to the French Directory, and a. loan to the French Republic, as preliminaries to any negotiation, received peremp toiy orders to quit France, and returned with empty hands. Their mission is frequently called The X. Y.Z. Mission, from the initials used by the agents who de- mandsd the bribes. In the mean time French attacks on American commerce, which had hitherto been 1798.] The X. Y.Z. Mission. 43 cloaked to some extent by a pretense of respect for in- ternational law, had now become an open warfare American shipping papers were a sufficient warrant foi the capture and condemnation of the vessels which car- lied them. 4. Congress met November i3th, 1797. 'At first the Vth Congress, Republican disposition to tolerate ist Session. almost any treatment from France was continued, and early in 1798 the House voted down a proposition to arm American vessels. April 8th the Senate voted to publish the X.Y.Z. letters, and the dis patches of the envoys. To England they seemed of such importance that they were sent everywhere in Europe to excite feeling against France. In America one burst of indignation from the Federalists converted many of the Republicans, and silenced the rest. " Millions for defense ; not one cent for tribute " be- came a rallying cry, in and out of Congress. 5. Under the influence of the War Spirit a number of acts were passed to place the nation in readiness for hostilities. A provisional army was ordered, of which Washington was commissioned Lieutenant-General. American men-of-war were ordered to seize any French vessels which should commit depredations on Ameri- :an commerce. Intercourse with France was sus- pended. The treaties with France were declared no longer binding upon the United States, and authority was given to the President to issue letters of marque and reprisal. So far, the acts passed were only the natural evidences of a cition's outraged dignity. But 44 American Politics.' the Fedei alists, intoxicated by the possession of unre- strained power, and hurried on by an instinctive pas- sion for strong government, proceeded to force through two acts which were well calculated to convince the popular mind of their disregard for the Constitution, They seem, indeed, to have been in the end the death warrant of the Federal party. 6. June 25th the so-called Alien Law was passed. It authorized the President to order any alien whom he should judge to be dangerous to the peace and liber- ties of America to depart from the United States, and made provision for the fining and imprisonment of such aliens as should refuse to obey the President's order July 1 4th the so-called Sedition Law was passed. It imposed a heavy fine and imprisonment upon such as should combine or conspire together to oppose any measure of Government, and upon such as should ut- ter any false, scandalous, or malicious writing against the Government, Congress, or President of the United States. This act was to remain in force until March 3d, 1801. Congress adjourned July i6th, 1798. 7. These two tremendous statutes were such a stretch of powr as had not been ventured upon since the Revolution. Without them, the open attempts of the French Directory to dictate n government and policy to the United States, their discriminating kindness to the Republican member of the mission to France, and the patriotic and successful stand taken by the Federalist Administration, would almost have insured the gov- ernment to the Federal party for the future It wat 1798.] Alien and Sedition Laws. 45 evident that the Republicans believed thst these twa statutes were aimed a* them as a party, and were un- constitutional and in violation of the 1st Amendment, which prohibited Congress from passing any law tc abridge freedom of speech or of the press. And it should have been evident to the Federalist leaders tkat, when the war feeling should subside, popular opinion would incline to the Republican view, unless the stat- utes were repealed as soon as the necessity for them was past. 8. It will be seen that, during the next year, France denied any knowledge of the agents who had demanded bribes, and hastened to conclude a peace. But, though preparations for war were then at an end, the Federal- ists persisted in enforcing prosecutions under the Alien and Sedition Laws, even in the doubtful States, New York, Pennsylvania, and New Jersey. Though this excited public resentment, it came too late to influence the election for members of the Vlth Congress, in which the Federalists, by the help of the war feeling, were completely successful. Seeing no hope of pres- ent success in Congress, the Republican leaders deter- mined, if possible, to entrench themselves in the State Legislatures, and, through them, to protest against measures which they were unable to resist. To this end a series of resolutions, drawn up by Jefferson, was adopted by th? Legislature of Kentucky, and a similar series, drawn up by Madison, was adopted by the Leg- islature of Virginia. These are known as the Ken- tucky t and the Virginia, Resolutions of 1798 46 American Politics. [1798 They are interesting as the first authorized proclama tion of the Strict Constructionist party, though allow ance must be made for the excited state of political feel- ing at the time of their passage. 9. The Virginia Resolutions declared that the Constitution was a compact by which the States haj surrendered only a limited portion of their powers ; that whenever the Federal Government undertook to step over the boundary of its delegated authority it was the right and the duty of the States to interpose, and maintain the rights which they had reserved to themselves ; that the Alien and Sedition Laws were an usurpation by the Federal Government of powers not granted to it, since the abridgment of liberty of speech or of the press had been expressly forbidden by the Constitution ; that the State of Virginia solemnly declaied those laws to be unconstitutional, and appealed to the other States to join in that declaration and that her Governor should be instructed to transmit copies of these resolutions to the Governors of other States, to be laid before their Legislatures. The response from other States was unfavorable, and Virginia repeated her resolutions the next year, 1799. 10. The Kentucky Resolutions were to the same general effect as those of Virginia, but with the addi- tional declaration that the States were one party to the compact, and the Federal Government was the other, and that each party must be the judge of infractions of the agreement, and of the mode and measure of re- dress. The next year the Kentucky Resolutions of 1798.] Resolutions of 1798. 47 1799 were passed. They declared "nullification" to be " the rightful remedy ;" but, as they announced at the same time that the commonwealth " bowed to the laws of the Union," while solemnly protesting against the obnoxious laws, it is apparent that they had in view no such " nullification " as that attempted by South Caro- lina in 1832. 1 The New England opposition to the Em- bargo in 1808 2 was a fair example of the first idea of " nullification " a combination of a State legisla- tive, executive, and judiciary to impede stubbornly, but peaceably, the execution of an unconstitutional law. IT. Congress met December 3d, 1798, with a con- Vth Congress, tinued Federalist majority. Wai 2d Session. against France had not beer formally declared, but a species of warfare existed upon the ocean, in which American privateers, armed merchantmen, and even ships of war engaged in con- flicts with French vessels. Both parties agreed in voting an increase of the navy, but an increase of the army was earnestly opposed by the Republicans, who believed that this and similar warlike measures were only urged by the Federalists from a desire for party aggrandizement by providing commissions or their party leaders. The President seems to have become at least a partial convert to this view for in February, 1799, without consulting his Cabinet, and in spite of his expressed determination to send no more ministers to France until assured of a friendly re- ception, he suddenly appointed three envoys to thai 1 See p. 112. * See pp. 67, 74. 48 American Politics. f ! 799 country. Two of the Cabinet protested against this action of che President. Their protest was sustained by leading Federalists throughout the country, and the President began to lose, to some degree, the support of the party which had elected him. Congress adjourne( March 3d, 1799. 12. The difficulties of the Federalists were now in- creased by an evident division between Hamilton, who was the real leader of the party, and Adams, who was its nominal head. No open quarrel had as yet taken place. But when the envoys to France, who had waited until November for assurances of a friendly re- ception, were ordered to depart by the President, again without consulting his Cabinet, his apparent eagerness for peace and distrust of Hamilton widened the breach between them. The envoys were successful in arrang- ing a treaty with Napoleon Bonaparte, who was then at the head of the French Directory. 13. Congress met December 2d, 1799, with a strong- Vlth Congress, er Federalist majority. Theodore ist Session. Sedgwick, of Massachusetts, a Federalist, was chosen Speaker of the House. There was little party contest at this Session. The Federalist majoiity had been chosen during the war fever, im- mediately after the ignominious return of the envoys tc France, and neither represented nor felt the undercur- rent of irritation which the continued enforcement of The Alien and Sedition Laws was increasing. The Republican minority were kept in check, through theii leaders, by Jefferson, who preferred to allow the populai l8oo.] Presidential Election. 49 rxcitement to work until the Presidential election of 1800. During this Session caucuses of Members ol Congress nominated Presidential candidates. 1 The Federalist candidates were John Adams, of Massachu setts, and C. C. Pinckney, of South Carolina, and the Republican candidates were Thomas Jefferson, of Vir> ginia, and Aaron Burr, of New York. Congress ad- journed May i4th, 1800. 14. The first important election took place in New York, April 28th, and resulted in the choice of a Re- publican Legislature, by whom electors were to be chosen. At this first token of Federalist Defeat the slumbering animosities of the party broke forth. The President dismissed a part of his Cabinet, consisting of Hamilton's friends, whom he called a "British faction." Hamilton printed a severe attack upon the President, and endeavored to make arrangements for giving Pinckney a majority of Federalist electors, that he might be chosen President, and Adams Vice- President. The Presidential Election took place in November 1800. In spite of Federalist divisions the result was doubtful until the vote of South Carolina turned the scale, and gave the Republican electors a majority. 15. Congress met in the new Federal city of Wash Vlth Congress, mgton, November lyth, 1800 ad Session. The Session was mainly occupied by The Undecided Presidential Election, caused by the defective provisions of the Constitution. In February, 1801, the electoral votes were counted, and * Nominating Convention* were not used until i8)3. 4 50 American Politics [1801 were found to be, for Jefferson 73, fcr Burr 73, foi Adams 65, for Pinckney 64, and for John Jay i There was no name highest on the list. Consequently xhere was no choice, and an election was to be made by the House of Representatives between the two highest candidates, each State having one vote. It is impossible to say why the Republican leaders, or electors, did not foresee this mischance. The differ- ence of one vote between Adams and Pinckney would seem to show that at least one Federalist elector was more acute, for South Carolina's vote would have seated both the Federalist candidates without trouble. 1 6. The House was Federalist, but was restricted to a choice between two Republicans. Of the two, many Federalists preferred Burr, partly to keep the Presi- dency from their most dangerous enemy, Jefferson, and partly to baulk the evident intention of the Repub- licans. The balloting began February nth. Eight States voted for Jefferson, six for Burr, and two weie without votes because of equal division among their members. There being sixteen States there was even yet No Election. Balloting continued with the same result for six days, and the Federalist majority was charged with a design to prolong the balloting in this way until March 4th, the day of inauguration, and then to make Chief Justice Jay provisional President. The charge was denied by the Federalists. Fortunately the trouble came to an end February i7th, when ten States voted for Jefferson, four for Burr, and two blank. Jefferson was then declared elected President, and i8oi.] Election by the House. 51 Burr Vice-President. Congress adjourned March 3d 1 80 1, and March 4th Jefferson and Burr were swon into office CHAPTER V. FOURTH ADMINISTRATION, 1801-1805. Thomas Jefferson, President. Aaron Burr, Vice-Presideat Vllth and VHIth Congresses. i. Jefferson's Election completed the first great political revolution in the United States since 1787, except that the Federalists still had control of the Ju- diciary. The new President's first Inaugural Message announced the future policy of the Republican party to be the careful fostering of the State governments, the restriction of the powers of the Federal Government to their lowest constitutional limit, the immediate pay- ment of the public debt, and the reduction of the army, the navy, the taxes, and the duties on imports, to the .owest available point. The Republicans were op- posed to any currency but gold and silver, and some of their leaders even desired an Vmendment to the Constitution denying to the Federal Government the power of borrowing money, believing that a yearly direct tax for the current expenses of the Government would compel the people to decide more carefully on C2 1 80 1 . ] State cf Parties. 5 J questions of peace, war, and finance. Upon most of the articles of Republican belief, the Federalists were more willing to give latitude and power to the Federal Government. But the hatred of the parties for eacn other was a litth' abated, though the Federal- ists still called their opponents Democrats and Jacobins, while the Republicans retorted with the name of " Black- Cockade Federalist," in allusion to the party badge worn by them in the time of the war fever of 1798. 2. The Anticipations of the Federalists for the fulure of the country under Republican rule were nat- urally gloomy. The Federal party probably contained the larger portion of the intellect, wealth, and culture of the country, and, in their honest opinion, the Gov- ernment was now in bad hands. The President was " an atheist in religion, and a fanatic in politics," and the Vice-President was only more tolerable because less known. The party which supported them was com- posed of disorganizers, Jacobins, and revolutionists. The President felt it to be his duty to act so moder- ately as to give Federalist apprehensions no darker color, although he was determined to undo, so far as possible, the centralizing measures of the last Adminis- tration. With this view he took the first opportunity after entering office, to issue Executive pardons to those who were imprisoned under the Alien and Sedition Laws. 3. A troublesome problem occupied the summer of 1 80 1. The Republic.' ns were clamorous for Offices, and none were vacant They therefore demanded that 54 American Politics. [i8oi> Federalist office-holders should be removed to make room for Republican successors. The President fol- lowed the course he had previously marked out, re moving no person merely for holding Federalist opin- ons, but removing all office-holders who had used their official power for party purposes, or who had been ap- pointed Dy President Adams after the result of the last election had become known. The supply of offices thus placed at his disposal satisfied the most pressing demands, and for the future he trusted to the natural decrease in the ranks of the office-holders, of whom, however, he complained that " few died, and none re- signed." 4. Congress met December yth, 1801, with a small Vllth Congress, Republican majority in both ist Session. branches. In the House Na- thaniel Macon, of North Carolina, a Republican, was chosen Speaker. Instead of the President's address in person to both Houses of Congress, which had hitherto been the rule, the President sent a written Message, as more suited to republican simplicity, and succeeding Presidents have followed the example. In the debates which followed the Message the Republicans advo- cated and carried reductions in the army, the navy, taxes and duties. Instead of the fourteen years' resi dence necessary for naturalization under a Federalist law, five yeais were substituted. 5. The remainder of the Session was occupied by debate on a proposed repeal of a Judiciary Law passed at the last Session, by which twenty-four new 1802.] Repeal of the Judiciary Law. 55 Federal Courts had been erected, with the proper com plement of officers to each. The Republicans claimed that there had not been business enough to occupy the United States Courts already in existence; that tha bill had been hastily drawn up and passed, after the Republican success in the last election had been as sured, only in order to provide offices for Federalist leaders, who were about to be driven from power ; and that President. Adams had been kept busy until mid- night of his last day of office in signing commissions for the judges. All this seemed to the Republicans a gross abuse of power, and they were determined to oust the " midnight judges " by repealing the law. The Con- stitution seemed plainly to prohibit any such repeal, and the existence of the Republican party was based upon a strict construction of the Constitution. Party neces- sities and vindictiveness, however, soon found availa- ble interpretations for the Constitution, and the law was repealed. The Federal party, which had founded and nurtured the Federal Government, was thus driven from its last strong hold in it, and lost forever the con- trol of national politics, though it retained its power in New England for about ten years afterward. Congress Adjourned May 3d, 1802. 6. In the Spring of 1802 news came from Franca which did much to cool the pro-French partizanship of even the most zealous Republicans. France had acquired from Spain the vast territory known as Louis- iana, stretching from the mouth to the head of the Mississippi, and indefinitely Westward toward the Pa- 56 American Politics. [1802 cific. The United States were thus to be hemmed in by one of the great European belligerents on the North, and by another on the South and West, and the poli- cies and alliances of Europe were to be extended to the Western Continent. The President at once di- rected the American Minister at Paris to lay the strong- est remonstrances before the French Emperor. He was ordered to declare that, while the present posses- sion of Louisiana by a weak nation like Spain would be tolerated, its transfer to a strong, active, colonizing power like France would immediately drive the United States into close alliance with England, and that, in short, the foreign possessor of New Orleans must be the enemy of the United States. 7. Congress met December 6th, 1802. The Pres- Vllth Congress, ident's Message stated that 2d Session. $8,000,000 of the public debt had been paid during the year, and called attention to Spain's unfriendly action in closing New Orleans, which she still controlled, against American commerce. Reso- lutions condemning Spain's conduct were introduced and passed by the Republicans. A < onstitutional Amendment changing the mode of the Presidential election was debated, but did not obtain the necessaiy two-thirds vote. Some of the Republicans made an unsuccessful attempt to abolish the Mint, as a useless piece of expense, and the Federalists were equally un- successful in attempting to fasten a charge of mis- management upon the Treasury. The rest of the Session was spent in considering the Yazoo Frauds 1802.] Ohio. Louisiana. 57 which had no party interest. Congress adjourned March 30!, 1803. 8. Ohio had become a State of the Union Novem- ber ZQth, 1802. It was formed from the North-VVest Territory, which had been organized by an ordinance of July 1 3th. 1 787. Article VI of this ordinance reads : " There shall be neither slavery nor involuntary servi- tude in the said Territory, otherwise than in the pun- ishment of crimes whereof the party shall have been duly convicted. " The ordinance of 1 78 7 is noteworthy as an exercise by the Congress of the Confederacy of the right to exclude Slavery from the Territories. 1 9. James Monroe had been sent to France to buy Florida and the Lland of Orleans. France was preparing for renewed war with Great Britain and was in need of money. Monroe therefore transcended his instructions, and made a bargain for all Louisiana for $15,000,000. The President at once agreed to it though he believed that the Constitution gave the Fed- eral Government no power to purchase foreign teiri- tory and make it a part of the Union. But he likened his action to that of a guardian who makes an unau- thorized purchase for the benefit of his ward, trusting that the latter will afterward ratify it. In this instance the ratification was prepared as an Amendment to the Constitution, but was never offered, the President's 1 It wiil be found that the language of this ordinance was copied in the ef- forts mad in 1819 (Missouri), 1846 (Wilmot Proviso), and 1865 (Xlllth Amendment), to assert and maintain for the Federal Congress under the Con- stitution this power of regufcuing and abolishing Slavery in the Territories of the United States, and finally, in the States, as the result of civil war. 58 American Politics. action having been in effect ratified by goneral ac- quiescence in it, and imitated without question in sev- eral instances afterward. 10. Congress met October lyth, 1803, having beer Vlllth Congress, called to an early session by th* ist Session. President that there might be more time for discussing the French Treaty. Both branches had Republican majorities, and in the House Nathaniel Macon was again chosen Speaker. The Treaty was ratified, and appropriations made for its ex- ecution, after a debate which was almost a repetition of that on Jay's Treaty in 1795, each party, however citing the arguments and resolutions then offered by the opposite party. During this Session the manner of the Presidential election was amended to the form which it has at present. Having been ratified by the necessary number of States, this became the Xllth Amendment. Articles of impeachment were voted by the House against a Federalist Judge, Chase, of Maryland, for arbitrary and oppressive conduct in try- ing cases under the Alien and Sedition Laws. Con- gress adjourned March 27th, 1804. 11. The Republicans offered the President and George Clinton, of New York, as their Presidential candidates. Burr had come too near the Presidency in 1801 to be made prominent again with Jefferson's consent. He was therefore dropped, and Clinton took his place. The Federalists offered as their candidate? 1 Charles C. Pinckney, of South Carolina, and Rufus King, of New York. The Presidential Election 1804.] Presidential Election. Chase Trial. 59 in November resulted in the overwhelming defeat of the Federalists, who carried only Connecticut and Del- aware, with two electors in Maryland. 12. Congress met November 5th, 1804. The Session Vlllth Congress, was mainly occupied by the 2d Session. Trial of Judge Chase by the Senate, on articles of impeachment prepared by the House at its last Session. Unfortunately the trial be- came a party struggle. The Federalists espoused the cause of Judge Chase, and the Republicans were determined to convict him. Vice- President Burr, who presided at the trial, had shot Hamilton in a duel near New York in July, 1804, and thus deprived the Federalists of their ablest leader. But his im- partiality and contempt for party demands during the Chase trial went far to induce them to condone his offense. A sufficient number of Senators did not vote to condemn Judge Chase on any one charge, and he was found not guilty on all. The angry disap- pointment of the Republicans led them to introduce .several Amendments to make impeachment and con viction more easy and certain, but none were adopted. In February, 1805, the electoral votes were counted, and were found to be, 162 for Jefferson and Clinton and 14 for Pinckney and King. Jefferson and Clin- ton were therefore declared elected. March 3d, 1805, Congress adjourned, and March 4tb Jefferson and Clinton were sworn into office. CHAPTER VI. FIFTH ADMINISTRATION, 1805-1809. Thomas Jefferson, President. George Clinton, Vice-President, IXth and Xth Congresses. 1. CONGRESS met December ad, 1805, with an over- X'Xth Congress, whelming Republican majority in ist Session. both branches. Nathaniel Macon was again chosen Speaker in the House. Federalism still retained control of New England, with the excep- tion of Vermont. In the other States it seemed to be dead or dying. But New England's influence was so much greater than its proportionate size that the party which controlled it was certain to be at least a strong minority in national politics. 2. The Napoleonic wars still continued, and Great Britain and France were using every expedient to (. rip- pis each other, without regard to the rights of neutral nations. While the President was anxious to defend American commerce, he was averse to increasing the expenses of his Administration by building a navy He therefore recommended, and Congress adopted, a 60 1805.] The Randolph Faction. 61 plan lor the building of a number of small gua-boats, as more economical than ships of war. This " Gun- boat System " was always hateful to the navy, and was a constant object of Federalist ridicule and attack. 3. The President again called the attention of Con gress to the unfriendly actions of the Spanish authori- ties at New Orleans. His Message on this subject was referred to a committee of which Randolph, of \ r ir- ginia, was chairman. Randolph had been one of the Republican leaders while the party was in opposition, but his irritable spirit disqualified him for heading an Administration party. He could attack, but could not defend. He had taken offense at the President's re- fusal to make him Minister to England, and immedi- ately took sides with the Federalists, foUowed by a number of his friends, though not sufficient to give the Federalists a majority. Randolph's committee reported resolutions which the Republicans voted down, on the ground that they were calculated to provoke a need- less collision with Spain. A substitute was then passed authorizing the President to purchase the Floridas from Spain. 1 This was afterward modified by a resolution that it was advisable to exchange a part of Louisiana for East and West Florida. The Randolph faction popularly called " Quids," gave fresh life to the Fed- eralists in Congress, and made them an active and use ful opposition party. 4. Through the first three months or 1806 \a.rious resolutions were offered in Congress, looking toward Retaliation upon England. They culminated in 1 Th'A v as not effected, however, until i8iq. 62 American Politics. [1806 the adoptior of an Act to prohibit the importation ot certain English goods after November i5th. The vote upon this bill (93 to 32 in the House, and 19 to 9 in the Senate) is a fair statement of the Administration major- ty at this Session. Another unsuccessful attempt was nade to facilitate the removal of Federal Judges, The increase of loose constructionist ideas among the Re- publicans was marked by the passage of a bill for tha construction of a National Road from Maryland tc Ohio. 1 Congress adjourned April 2ist, 1806. 5. The summer of 1806 was spent by the quids in efforts to bring Monroe back from his mission to En- gland, to be used as a Presidential candidate against Madison, whom the President was supposed to favor The late Vice- President, Burr, came up again to pub- lic notice, by a mysterious expedition down the Mis- sissippi, by which he hoped to retrieve his fallen fort- unes. It was not known whether its object was col- onization, an attack upon the Spanish possessions, or the founding of an independent western empire. The President, by proclamation, cautioned all citizens not to engage in the enterprise, and gave orders for Burr's arrest. 6. Congress met December ist, 1806. The Presi- IXlh Congress, dent's Message called attention ad Session. to the growing excess of receipts over expenditures, and suggested Amendments to the Constitution giving Congress the doubted power to ex- 1 This was the first appearance of the question ff making Internal Improve inents at Federal F-xp'-se, which afterwards dividei parties from 1830 untf i8o/.] Burrs Expedition. 63 pend the surplus on roads, canals, and education. No action was taken upon them. The Act prohibiting importations from England, passed at the last Session was suspended until July ist, 1807, and the Presiden* was given discretionary power to suspend it until De- cember. 7. January 22d, 1807, the President sent to Congress ihe dispatches which showed the progress of Burr's Expedition up to that time. The Senate, in great alarm, passed unanimously a bill to suspend the writ of habeas corpus for three months, a measure repug- nant to all the principles of the dominant party Three days afterward the House rejected the bill, by a vote nearly unanimous. Congress adjourned March 3d, 1807. Burr's expedition had by this time dis- banded, and its leader was on his way to Virginia, to be tried for treason, his enterprise having been begun within the limits of that State. 8. In December, 1806, a Treaty with England had been arranged, which was almost identical with Jay's treaty of 1795. As ^ ^ England at liberty to impress American seamen, and to search American ships, the President rejected it, without laying it before the Senate, and tried further negotiation, but without success. His action was supported by the Republic- ans, and attacked by the Federalists, who were the commercial part of the community, and were anxious for almost any treaty with England. The rejection of this treaty embittered English feeling against the Unit- ed States, and was probably a leading cause of the re 64 American Politics. ncived English aggressions, the Embargo, and the Wai of 1812. 9. Burr's Examination began in May, 1807, hefoi? the Grand Jury in Richmond, Va. It took a party aspect almost from the beginning. The Feder- alists considered Burr's arrest an Executive usurpation of power, The President was determined that the re- sult of the trial should justify his action, and became notorious for his interference in the management of the case. His letters to the District Attorney were frequent, and his anxiety for Burr's conviction roused the Federal- ists to greater exertions for Burr's acquittal. The counsel for defense even caused a writ to be served upon the President, commanding his personal attendance as a wit- ness. The President refused to obey, on the ground of public inconvenience, and the matter was not pressed. The Grand Jury found an indictment against Burr. His trial came on in August, before Chief Justice Mar- shall, and resulted in his acquittal for want of jurisdic- tion. The administration was thus defeated, and aban- doned any further earnest prosecution of Aaron Burr. 10. In June, 1807, the British frigate Leopard, off Hampton Roads, had taken by force four seamen from the United States frigate Chesapeake, after a shame- fully feeble resistance. Both political parties joined heartily in the indignation excited by this outrage, and war with England would have been everywhere popu- lar, for the day was past when parties were ready to go all lengths in support of either France or England The President was anxious for peace, and left the mat- 1807.] The Chesapeake Outrage. 65 ter to be settled, some years afterward, by negotiation It \\ould be out of place to discuss here the alternating attacks on neutral rights by the great European bellig- erents, before and after this date, the proclamation by England of a paper blockade of the whole French coast, the counter proclamation by France of a papei blockade of the British islands, the Orders in Council to the English navy to search neutral vessels for French goods, and the counter orders to the French navy to capture every vessel which should submit to such search. 1 England's power being the greater on the ocean, her aggressions bore most heavily on the United States, whose commerce was rapidly being destroyed. 1 1. The President, by proclamation, had warned all Xth Congress, British armed vessels not to entei ist Session. American ports, and had called an early session of Congress. It met October 26th, 1807, with a Republican majority in both branches. In the House a Republican, Joseph B. Varnum, of Massachu- setts, was chosen Speaker. The President recom- mended a bill by which American vessels should be prohibited from leaving foreign ports, and foreign vessels from taking cargoes from the United States, and all coasting vessels should be required to give bonds to land their cargoes in the United States This was the celebrated Embargo Bill, which de- stroyed, for the time, all American commerce, in- tensified party feeling, and even threatened the exist- 1 Jefferson, in a private letter, said that "England seemed to hf ve > den of pirates, and France a den of thieves." 66 American Politics. [1808 ence of the Union. It was passed by strict party votes, being opposed vehemently by the Federalists and quids, en the ground that it would injure the United States rather than England, and would com- plete the commercial ruin which foreign attacks had begun. Having given the President the power of suspending the Embargo Act whenever it should seem advisable to him to do so, Congress adjourned April 25th, 1808. 12. Presidential Nominations were made at this Session by Congressional caucuses. The Repub- licans nominated James Madison, of Virginia, for President, and George Clinton, of New York, for Vice- President. Madison's chief competitors for the nomi- nation were James Monroe, who was supported by the quids of the Virginia Assembly, and George Clinton, who was supported by a part of the New York Repub- licans. The Federalists nominated C. C. Pinckney, of South Carolina, for President, and Rufus King, of New York, for Vice- President. The President had been re- quested by the Legislatures of most of the Republican States to accept a third term, but declined. 13. During the summer of 1808 the Embargo be- gan to bear so heavily on the commercial interests of New England and the Middle States that their com- plaints drowned other subjects of discussion, and took away much of the excitement of a Presidential election. The remaining strength of the Federalists was concen- trated in these States, so that party bitterness aggra- vated financial distress. It was said that the Repub i8o8"| Presidential Election. Embargo. 6j lican States had devised the Embargo as a substitute foi war, because its ill effects would fall mainly upon the Federalist States. There was every indication that New England would obey it with reluctance. The choice, however, lay between war, an embargo, or sub mission. For the latter there were very few advocates The war party was divided, some of its members wish* ing for war against England, others for war against France, and still others for war against both. The great majority of the people still favored the Embargo, and the Presidential Election in November re- sulted largely in favor of the Republicans. New En- gland stood almost alone in choosing Federalist electors. 14. Congress met November yth, 1808. Its proceed- Xth Congress, ings were confined to resolutions 2d Session. and protests against French and English aggressions, and the rejection of Federalist res- olutions to repeal the Embargo, until February, 1809. In that month John Quincy Adams, who had re- signed the Massachusetts Senatorship because his sup- port of the Embargo had been disapproved by his State Legislature, informed the President that the Embargo could no longer be enforced in New England, that the Federalist leaders had made all arrangements to break off from federal relations with the rest of the Union unless the Act was repealed, and that .in agent from the Canadas was then in New England to offer the assist- ance of the English Government to the sc/ieme. 1 15. Adams's warning impressed the President and the 1 Adams's accuracy has been denied, and it ha? even been asserted that hit 68 American Politics. [1809 Republican leaders so much that they at once secured the passage of a modification of the Embargo, known as the Non-Intercourse Acl. By this the Em- bargo was repealed, after March 4th, as to commerce with all nations excepting England and France. It was hoped that this would quiet the excitement in New England, without yielding the principle of the Embargo 1 6. In February the electoral votes were counted, and were found to be, for President, 122 for James Madison, 6 for George Clinton, and 47 for C. C. Pinck- ney, and for Vice-President, 113 for George Clinton, 47 for Rufus King, and 15 scattering. Madison and Clinton were therefore declared elected. March jd, 1809, Congress adjourned, and March 4th Madison and Clinton were sworn into cffice. appointment, soon after, as Miuister to Russia was the reward of his wilful falsification. CHAPTER VII. SIXTH ADMINISTRATION, James Madison, President. George Clinton, Vice- Presideil Xlth and Xllth Congresses. i. THE Difficulties with England were compli Xlth Congress, cated, at the beginning of Madi- Extra Session, son's term of office by an unfortu- nate mistake of the British Minister, Mr. Erskine, caused by his desire for peace. Shortly after the inauguration he informed the President that he was authorized by his Government to withdraw the objec- tionable orders to the English navy. The President therefore, by proclamation, summoned a Special Ses- sion of Congress to meet May 22d, 1809, and sus- pended the Non-Intercourse Act, as applied to En- gland, after June loth. This he was authorized to do by the terms of the Act. Congress met on the day appointed, with a Republican majority in both branches, In the House Speaker Varnum was re-elected. En- gland had in the mean time disavowed her Minister's offer, and recalled him, and a new proclamation by the 69 70 American Politics. fi8o9 President restored the Non-Intercourse Act us before. The Federalists represented the whole misunderstand- ing as a Republican tricit 10 influence the elections, There being no business 10 occupy Congress, it ad journed June 28th. 2. Congress met November 2/th, 1809. The Re Xlth Congress, publican majority was so large ist Session. that every Administration meas- ure was promptly carried, and there was little party conflict. A continuance of the Non-Intercourse Act was voted. Mr. Erskine's successor had contradicted the Secretary of State so frequently and so offensively that Congress, by a strict party vote, passed a resolu- tion declaring his language to be insolent, and request- ing the President to recognize him no longer. Con- gress adjourned May ist, 1810. 3. Congress met December 3d, 1810. France had Xlth Congress, managed so adroitly as to leave 2d Session. it in doubt whether her objection- able decrees had been withdrawn or not. The Re- publicans chose to consider them withdrawn, and re- pealed the Non-Intercourse Act, as applied to France, The President endeavored to induce England to with- draw her Orders in Council, but this was refused on the ground that there was no evidence of any repea by France. The Non-Intercourse Act was therefore continued against England. 4. An effort was made at this Session to re-charter the National Bank, which had been chartered in 1791 for twenty years. Opposition tc such a bank iSn.J Adoption of a War Policy. 71 was a necessary article of belief among Strict Construe tionists. But the corporation had so many Repub- lican friends in Congress that a bill to recharter it wai favorably reported by the committees of both branches, end aft;r long debate was only defeated by a majority of one vote in the House, and by the casting vote of the Vice- President in the Senate. Thereupon the Bank wound up its business, and ceased to act. Con- gress adjourned March 3d, 1811. 5. Congress met November 4th, 1811. The Re- Xllth Congress, publican majority was still over- ist Session. whelmingly large, but it con- tained several rising and energetic members, who af- terward became party leaders, and who were now suc- cessfully urging upon the party a Change of Policy. Hitherto Jefferson and Madison had made it a peace party, and had carefully avoided direct conflict with France or England. The capture of over 900 American merchant vessels since 1803 had been no more effectual than such isolated outrages as the Chesapeake case in rousing the Administration to the idea of forcible resist- ance. Under the new leaders the Republicans became a war party. Henry Clay, of Kentucky, was chosen Speaker of the House. William H. Crawford, of Georgia, in the Senate, and John C. Calhoun, of South Carolina, in the House, became the recognized Congressional leaders of the party. The economical and retrenching policy of Jefferson was abandoned, and preparations were begun for hostilities, against the op- position of the Federalists, and the timid or peace lov 72 American Politics. [1812 ing Republicans. Bills were passed to enlist men, to organize the militia, and to equip and enlarge the navy. 6. The President was given to understand thai his nomination for a second term of office depended upon his adoption of the war policy and that his re- fusal to do so would cause the nomination of De Witt Clinton, of New York, in his stead. Thus pressed the President yielded, and was consequently renominated by the usual caucus of Republican members of Con- gress, with Elbridge Gerry, of Massachusetts, for Vice- President. Clinton refused to be bound by this bar- gain, and, having been nominated by a Republican caucus of the New York Legislature, persisted in his candidacy. To profit by this promising division among the Republicans, a caucus of leading Federalists, held in New York City, decided to support Clinton, with Jared Ingersoll, of Pennsylvania, for Vice-President. 7. In March, 1812, the President took the first step in fulfillment of his bargain by sending to Congress, with a special Message, certain documents, which he had purchased from one John Henry for $50,000. Henry claimed to have been the agent sent from Can- ada in 1809 to detach the New England Federalists from the'r allegiance to the Union, and his documents piiqiorted to show the complicity of the British Gov eminent. The British Minister solemnly denied all knowledge of, or belief in, any such agent, but Con gress, by resolution, proclaimed Henry's document authentic, and denounced England's perfidious attack on the unity of a friendly nation. The principal e I8l2.~) Declaration of War. 73 feet of this episode was to outrage and e .{asperate the Federalists of New England. 8. As a preliminary to war an Embargo was laid upon American shipping for 90 days. The British Minister finally declared, May 3oth, that his Govern- ment would not recede from its policy toward neutrals. Dispatches from the American agent in London in- formed the President that the same declaration had been made by the English Ministry in Parliament. The President therefore sent a Message to Congress, June ist, reviewing the past and present difficulties with Great Britain. It was referred to a committee, whose report was a summary of American grievances against England, the impressment of American seamen, the Orders in Council, the system of paper blockades, and the refusal to settle American claims for damages. It concluded by recommending a declaration of war. 9. An Act was consequently passed, and signed by the President, June i8th, declaring that a State of War existed between the United Kingdom of Great Britain and Ireland and its dependencies, and the United States 01 America. Of the 98 members who voted for the war 76 were from the South and West On the following day the President's proclamation an- nounced that the war had begun. We have nothing to do with its events, except as they influenced politics in the United States. It was soon learned that the Orders in Council had been revoked in London five days after the declaration of war, but the revocation came too late. Even if it had been made in 'ime, the 74 American Politics. [1812 war party would probably have insisted upon the aban donment by England of the right of search and ira pressment, and would have declared war on that issue Congress adjourned July 6th, 1812. April 3oth Louisiana had become a state of the Union. 10. The Presidential Election in November re- sulted in the success of a large majority of Republican electors, and of members of the XHIth Congress pledged to support the Administration and the war But the Opposition to the "War was manifested by every legal method from its very beginning. Immedi- ately after the declaration the Federalist members of Congress had published their protest against it in an address to their constituents. Under the Act passed by Congress to embody the militia, requisitions were made by the President upon the Governors of the dif- ferent States for their respective quotas. The Gov- ernors of Massachusetts and Connecticut refused to al- low their militia to leave their States, on the ground that the Federal Government could not constitutionally call out the militia until an invasion had taken place, or the laws of the United States had been resisted. In this, as in many other instances throughout the war. the possession of power by the Republicans inclined them 'toward a loose construction of the Constitution, and the Federalists toward a strict construction of it. if. Congress met November 2d, 1812. The larg? Xllth Congress, Republican majority prevented 2d Session. any party contest. The Ran- dolph faction, or Quids, had ceased to have a separate 1813.] Formation of a Peace Party. 75 existence after its failure to nominate Monroe. Most of its members were now supporters of the Administra- tion. The remainder, with the Federalists and those Republicans who opposed the war, had formed a " Peace Party." But their defection was more than compensated by the number of Federalists whom it drove into political union with the war party. In Con- gress both parties united in rewarding, encouraging, and increasing the Navy, whose brilliant exploits had in- toxicated the whole nation with the unexpected con- sciousness that it alone, of all the nations of the earth, could match and master England upon her own ele- ment, the ocean. This Session was occupied mainly in measures necessary for the active prosecution of the war, which were all passed by party votes. In Feb- ruary the electoral votes were counted and were found to be, for President, 128 for Madison, and 89 for Clin- ton, and, for Vice- President, 131 for Gerry, and 86 for Ingersoll. Madison and Gerry were therefore de- clared elecled. March 3d, 1813, Congress adjourned, and March 4th Madison and Gerry were swum into office. CHAPTER VIII. SEVENTH ADMINISTRATION, 1 8 13- -1 817. {a.nes Madison, President. Elbridge Gerry, Vice-Presideit XHIth and XlVth Congresses. 1. CONGRESS met May 24th, 1813, having been Xlllth Congress, summoned by the President to Extra Session. a Special Session to con- sider the difficulties encountered in raising money for the War. The President's Message also mentioned the proffered mediation of the Czar of Russia, which En- gland afterward declined. In the House Henry Clay, of Kentucky, was chosen Speaker, and the vote (89 to 54) represents the Administration majority. The Re* publican majority in the Senate was weakened by a fac- tion opposed to the Administration. The business of this Session was mainly routine. Congress adjourned August ad. 2. The Dislike to the War and its management became more apparent as it went on. The Connecti- cut Legislature had declared it to be the solemn and deliberate opinion of the people of that State that the 76 l8i3-] Opposition to the War. 77 war was unnecessary. So notorious was the general feeling of the Eastern States that England had en- deavored to mark a political division between New England and the rest >f the Union by exempting Mas- sachusetts (which included the present State of Maine) Rhode Island, and New Hampshire, from the blockad of the Atlantic Coast. 3. Congress met December 6th, 1813. This Session Xlllth Congress, was also occupied chiefly with ist Session. routine business, and in efforts to improve the condition of the finances. Illicit trade from the New England coast to the English ships had become so common that a New Embargo Ad was passed, applying to all vessels, large or small. Con- gress adjourned April i8th, 1814. In August occurred the sack and burning of Washington by an English ex- pedition, an affair almost equally disgraceful to both nations. 1 4. Congress met September lyth, 1814. Negotia- Xlllth Congress, tions for Peace had been be- ad Session. gun in August. Napoleon was, foi the time, overthrown, and the American Govern- ment was anxious for almost any honorable peace, in preference to continuing the war with England. The Orders in Council had been revoked long before, and the American Commissioners were instructed not to in sist upon the other object of the war, the abandonment of the rights of search and impressment. The English demands rose as those of the United States fell. En 1 The President b.ireb escaped 78 American Politics. [1814 gland now insisted that an independent Indian nation should be organized between Canada and the United States, and that the United States should maintain no fleet or military posts on the Great Lakes. 5. The publication of these conditions in Octobei gain roused the war feeling of the Republicans, and some of their leaders began to meditate measures which the strict constructionist principles of the party could not justify. The Secretary of War proposed the in- crease of the army by a draft, or conscription. The Secretary of the Navy proposed to introduce the En- lish system of impressment of seamen. To Republic- ans generally such measures seemed unconstitutional, and they were rejected, though strongly urged by the Administration. Fresh discontent was excited by a bill offered in the Senate, allowing officers of the army to enlist minors over 18 years old without consent of their parents or guardians. The Connecticut Legisla- ture ordered the Governor to resist the execution of these and similar measures, if they should become laws. 6. The commercial distress in New England, the possession by the enemy of a large part of the District of Maine, the fear of their advance along the coast, and the apparent neglect of the Federal Government tc provide any adequate means of resistance, had led tht Legislature of Massachusetts, in October, to invite the other New England States to send delegates to Hart- ford, Connecticut, "to confer upon the subject of then public grievances." Delegates from Massachusetts, Rhode Island and Connecticut, a:id from parts of Ver i8i4-] The Hartford Convention. 79 mont and New Hampshire, met at Hartford in Decem her and remained in session for three weeks. In their Report to their State Legislatures they reviewed the state of the country, the origin and management of the war, and the strong measures lately proposed in Con- gress, and recommended several Amendments to. the Constitution, chiefly with intent to restrict the powers of Congress over commerce, and to prevent naturalized citizens from holding office. In default of the adoption of these Amendments, another convention was advised, "in order to decide on the course which a crisis so momentous might seem to demand." 7. This was the famous Hartford Convention. The peace which closely followed its adjournment re- moved all necessity or even desire for another session of it. Its objects seem to have been legitimate. But the unfortunate secrecy of its proceedings, and its some- what ambiguous language, roused a popular suspicion, sufficient for the political ruin of its members, that a dissolution of the Union had been proposed, perhaps resolved upon, in its meetings. Some years afterward those concerned in it were compelled in self-defense to publish its journal, in order to show that no treasonable design was officially proposed. It was then, however, ;oo late, for the popular opinion had become fixed Neither the Federal party which originated, nor the Federalist politicians who composed the assembly vere ever freed from the stigma left by the mysterious Hart- ford Convention. 8. In February, T 8i5, the welcome and unexpected 8o American Politics. news of Peace reached Congress. It TW.S welcome to the Administratic n, whose inexperience in the conducl of the war had involved it in great financial straits, to the Federalists, who considered the war iniquitous, and even to the war party, who had begun to anticipate a single contest with England. Therefore the peace, which actually secured not one of the objects for which war had been declared, occasioned rejoicings which would have been more appropriate for a more success- ful termination of the war. The rest of this Session was necessarily spent in the active reduction of govern- ment to a peace establishment, and in the reduction of expenses, with the exception of the navy. The Acts which had been necessary in preparing for or carrying on the war were repealed. Congress adjourned March 3d, 1815. 9. The close of the war marks the final Extinction of the Federal Party. The few remaining Federal- ists from this time began to desist from any united party action. The whole people composed one party whose principles were neither those of the original Fed- eral, nor those of the original Republican, party, but a combination of both. The cardinal principle of the Federal party, the preservation and perpetuity of the Federal Government, had been quietly accepted and adopted by the Republicans, while the Republican principle of limiting the Federal Government's powers and duties had been adopted by the Federalists vheD the Federal Government had fallen into Republican nands. But, though the principles of the Federalists I 8 1 e } . J Extinction of the Federal Party. 8 1 had made an abiding impression upon the foim of gov- ernment, their party opposition to the war had made the name so unsavory that it soon began to fall into disuse. TO. Congress met December 4th, 1815, with a large ilVth Congress, Republican majority in both ist Session. branches. In the House Henry Clay was again chosen Speaker. This Session was oc- cupied chiefly by the regulation of Internal Affairs, which occasioned but little party contest. Taxes were reduced, and a slight increase was made in the Tariff. Some indications appeared, during the debate, of a growing feeling among Republicans that the Tariff ought to be so arranged as to give protection to those manufactures which had sprung up in America during the war, but were now being endangered by the im- portation of cheaper goods of English make. The mat- ter went no further than debate at this Session. ii. The spread of loose constructionist ideas among the Republicans was marked in April, 1816, by the pas- sage of a bill for the charter of a National Bank, to expire in 1836. It was modeled upon the one which the Republicans had opposed in 1791 and 181 1. Ham ilton's argument in favor of such a bank was repub- iished by Republican newspapers with a warmth of ap proval which showed how far the party had forgotteL its strict constructionist principles. Congress adjourned April 3oth, 1816. ii. Presidential Candidates were nominated by the usual Congressional caucuses. Among the Repub 82 Amtrican Politics. [1816 licans the Virginia influence, which had nimed the President for 24 of the 28 years since 1789, was again successful in nominating James Monroe, his principal competitor being Wm. H. Crawford, of Georgia. Dan- iel D. Tompkins, of New York, was nominated for the Vice-Presidency. For President the Federalists sup- ported Rufus King, of New York, but united on no one for the Vice- Presidency. The Presidential Election in November resulted in complete Repub lican success. Only three States, Massachusetts, Con necticut, and Delaware, chose Federalist electors. 13. Congress met December 2d, 1816. Decembei XlVth Congress, nth, Indiana became a State 2d Session. of the Union. This Session was almost without party contest. In February, 1817, the electoral votes were counted and were found to be, for President, 183 for Monroe, and 34 for King, and, for Vice-President, 183 for Tompkins, and 34 for vari- ous other persons. Monroe and Tompkins were therefore declared elected. March 3d, 1817, Congress adjourned, and March 4th Monroe and Tompkins were sworn into office. CHAPTER IX. EIGHTH ADMINISTRATION, I&1J-1&21. James Monroe, President. Daniel D. Tompkins, Vice-President. XVth and XVIth Congresses. 1. The President appointed a Republican Cabi- Let. He had been urged to ignore parties in his ap- pointments, but in his opinion the time had not yet rome to do so. May 3151 he began an extended tour through the Northern States, being the first President to imitate Washington's example in this respect. The welcome everywhere given him probably helped to biot out the last remnant of Federalist opposition. 2. Congress met December ist, 1817. The pro- XVth Congress, fessed Federalists were very few. ist Session. ' In the House Speaker Clay was re-elected almost unanimously. December joth Mis- sissippi became a State of the Union. 1 The first Act of this Session abolished the internal taxes which had 1 Appendices C and F will show how carefully a new Free State was al ence balanced by the creation of a atv/ Slave State, in order to control UM Senate. 83 84 American Politics. been imposed during the war. In his Message the President had taken occasion to recommend a Pro- tective Tariff. The question was compromised, nearly unanimously, by the passage of a bill continuing for seven years the Tariff of 1816 on cottons and wool- ens, which was slightly protective. A proposition was made to use the dividends of the United States from the National Bank, instead of appropriations. It was postponed because of the opposition of Strict Con structionists. A resolution, supported by Clay, to rec- ognize the South American Republics, formed by Spain's revolted colonies, was rejected. Congress ad- journed April 2oth, 1818. 3. It is plain that the all-powerful Republican party ilready contained the Nucleus of a New Party, and a leader for it in the person of Henry Clay. He had headed, or advocated, every attempt to increase the army and navy, to make the Tariff protective, to begin a system of general public improvements at na- tional expense, or to make the Federal Government prominent in foreign affairs, as the guardian of the in- fant Republics of South America. All of these meas- ures seemed to Strict Constructionists either uncon- stitutional or unwise. Some of Clay's followers were only temporarily attracted by his personal influence, but the great majority were Loose Constructionists, Federalists in reality, though they would have disliked the name. 4. The summer of 1818 was marked by Indian dif ficulties in Florida, which deserve mention because theu i8i8.] The SeminJe War. 8$ investigation took up much of the time of the next Session of Congress. In quelling disturbances among the Georgia Indians Andrew Jackson had been sys- tematically thwarted by the Spanish authorities of Florida, rie therefore entered their territory, seized heir principal towns, and captured and put to death, " as outlaws and pirates," Arbuthnot and Ambrister, two British subjects, who had led the Seminole Indians, 5. Congress met November i6th, 1818. December XVth Congress, 3d Illinois became a State of 2d Session. the Union. In the House the Committee on Military Affairs offered two reports on The Seminole War. The majority report proposed a censure upon Jackson for his execution of Arbuthnot and Ambrister, declaring it to be unwise, unnecessary, and unjustifiable by the laws of war or of nations. The minority report approved his action. The majority re- port was rejected by the Rouse and postponed by the Senate. The contest was then transferred to the news- papers, where it raged violently. 6. February 22d, 1819, a treaty was concluded by which Spain sold the Floridas to the' United States for $5,000,000, and the United States abandoned all claim to the territory West of the Sabine River (after- wards known as Texas), which had formed part of Louisiana as purchased from France. 1 A territory worth ten Floridas was thus surrendered to Spain, and became a part of the Republic of Mexico two years later. 1 Within thirty years the determination of the South to regain thii aba* 4cred territory forced the Un'tcd States into war with Mexico. 86 American Politics. 7. At tl is Session the people of the Territory of Missouri (a part of the Louisiana Purchase) applied for permission to form a State government. In the House an amendment was offered to the bill, forbid- ding Slavery or involuntary servitude in Missouri, except as a punishment for crime. 1 Party lines were at once dropped. The members from the Free States voted for, and the members from Slave States against, the amendment. It passed the House, was rejected by the Senate, and the bill was lost. Congress adjourned March 3d, 1819. 8. The application of Missouri thus suddenly brought up the Slavery Question, 2 which was to be argued and compromised for forty years, and then settled by civil war. Negro Slavery, in the early colonial days, had been common in all the colonies, excepting Massa- chusetts, and had even been decided legal by the high- est English court of law. In the North it had since been abolished in the States lying north of the dividing line run by the old surveyors, Mason and Dixon, be- tween Maryland and Pennsylvania. In the South it worked mildly, and was considered a necessary and hereditary evil. But the invention of Whitney's cotton gin in 179^ had made slave labor profitable, and had made Slavery an institution to be defended and ex lended by the Southern States While the Union was confined to the fringe of States along the Atlantic coast 1 This was copied, in part, from that of the ordinance of 1787. * Its appearance was so si dden that Ex-President Jefferfon said it startle^ kite "like a fire-bell in the night." 1 8 19 J Slavery, The Tariff. 87 the Slavery q icstion was not troi. >lesome. And it was at first possible to unite the representatives of both sec- tions in the admission of new States, by using the Ohio as a dividing line between the States in which Slavery should be forbidden, and those in which it should 1)6 allowed. But when the tides of emigration had crossed the Mississippi and had begun to fill the Louisiana Purchase, conflict was inevitable, for the dividing line was lost. In the House the members from the Free States were a majority. In the Senate the sections had been carefully equalized, but a few Northern Senators generally voted with the South, thus giving it a ma- jority in that body. 9. Congress met December 6th, 1819. The state XVIth Congress, of parties was unchanged. In ist Session. the House Speaker Clay was re-elected almost unanimously. December i4th Alabama became a State of the Union. At this Ses- sion a Protective Tariff was passed by the House, but rejected by the Senate. The result, though it dis- appointed the Eastern manufacturers, who had confi- dently expected relief from Congress, shows a still further advance of loose constructionist principles in the dominant party. Strict Constructionists believed that the Constitution gave Congress power to lay dr. ties only with a design to provide for the expenses of the Government and for the payment of the debt, and that the arrangement ot duties for the benefit of any branch of manufactures was usurpation of a power not 88 American Politics. [1820 granted or implied. 1 Loose Construe tionitts believed that the power to regulate commerce and provide for the common defense implied the power to lay a Pro- tective Tariff, and that any consequent benefit to man- ufacturers would be more than offset by the creation of a domestic market for agricultural products. 10. At this Session Missouri again applied for per mission to form a State government, and Maine (for- merly a part of Massachusetts) made a first application for the same permission. The House passed the Maine bill without opposition, but, by a sectional vote, again prohibited Slavery in Missouri. In the Senate, also by a sectional vote, the Maine bill and a Missouri bill permitting Slavery were united and then passed. This was for the purpose of compelling both bills to stand or fall together, and of throwing upon the House the responsibility for their acceptance or rejection. The House rejected the combined bills, as passed by the Senate, and adhered to its first action. 11. The difficulty was settled by the famous Mis- souri Compromise of 1820, which was adopted by the active exertions of Clay and the moderate mem bers from both sections. By this measure each section yielded a part of its demands, the Senate by permitting Maine and Missouri to be voted upon separately, and t'ie House by permitting Slavery in Missouri. Both branches then united in forever prohibiting Slavery in * But there have been very few advocates of absolutely Free 1 rade .re- moval of all duties on imports), and the entire payment of Government ex- penses by internal taxation. The party distinction given in the text seemi V have g -nerally governed our political history. I82O.J The Missouri Compromise. 89 All other territory north of the line of 36 30'.* Maine was then admitted as a State of the Union, and the bill authorizing a State government to be formed in Mis- souri was passed. Congress adjourned May isth, 1820. 12. No Presidential candidates were nominated this year, there being no opposition to the re-election of President Monroe and Vice- President Tompkins. All the electors chosen in the Presidential Election in November were Republican, but one of them refused to vote for Monroe, so that his election was not unan- imous. 13. Congress met November i3th, 1820. Speaker XVIth Congress, Clay resigned his position on ac- 2d Session. count of private affairs. After three days' balloting for a successor John W. Taylor, of New York, a Loose Constructionist, in favor of a Protective Tariff and an internal improvement system, and opposed to extension of Slavery, was chosen. His election shows the progress of the division in the Re- publican party. It gave great offense to the Southern members, and they for a time debated a dissolution of the Union, a remedy which has been proposed at vari- ous times by almost every section for every variety of grievance 14. Missouri, havmg formed a State government, ' Thirty-five Southern members, who believed that Congress had no poww to prohibit Slavery in the Territories, voted against the Missoun Compromise, Randolph called it "a dirty bargain," and gave those who voted for it th name of "doughfaces." This title was always afterward applied to Northen >en "of Southern principles " 90 American Politics. [1821 applied for admission. It was rejected in the House by a sectional vote, on account of a clause in its con stitution, prohibiting the entrance of free negroes into the State. 1 It was not until March 2d, 1821, that this difficulty was settled, again by Clay's exertions. Mis souri was then admitted, on condition that the Slat should never pass an act to interfere with the constitu- tional privileges of the citizens of other States. But tlie Legislature only accepted the condition in Junf, 1821. 15. In February, 1821, the Electoral Votes were counted. It was known that Missouri, which claimed to be already a State, and protested against the right of Congress to reject her application, had chosen elect- ors. It was also known that Southern members would make a vigorous effort to have these votes counted. After a stormy session on the day of counting, lasting in the House for several hours after the time appointed for joint meeting with the Senate, another compromise was affected. The President of the Senate was di- rected, in case any objection should be made to the vote of Missouri, to announce that "if the votes of Mis- souri were counted, the number of votes for A. B. for President would be so many, and if the votes of Missouri were not counted the number of votes for A. B. for President would be so many, and that in either ca^e A. B. was elected." There being no opposition to the Republican candidates, the result of course waj foreknown. 1 In some of the N'orth^m States free negroes were citizens. 1 82 1 ] The Vote of Missouri. 91 1 6. Considerable delay and confusion yas caused in joint meeting by an unsuccessful attempt of some of the Southern members to renew the contest, but the vote was finally announced as previously agreed. There were 235 votes, including that of Missouri, and 232 without it. Not counting the vote of Missouri there were, for President, 228 votes for James Monroe, and i for John Quincy Adams, and, for Vice-President, 215 votes for Daniel D. Tompkins, and 14 for various other persons. 1 Monroe and Tompkins were there- fore declared elected. March 3d, 1821, Congress ad- journed, and on Monday, March 5th, Monroe and Tompkins were sworn into office. I Three electors \ ad died before having an opi oil unity t van. CHAPTER X. NINTH ADMINISTRATION, 1821-1825. Jamea Mont >e, President. Daniel D. Tompkins. Vice-Fresident XVIIth and XVIIIth Congresses. 1. MONROE'S election had been so nearly unanimous, and party divisions had nominally so far disappeared, that this Administration is commonly called The Era of Good Feeling. In reality there was as much bad feeling between the Strict Constructionists and the Loose Constructionists of the Republican party as could have existed between two opposing parties. The want of regularly organized parties had only the effect of making the next Presidential election a personal in- stead of a party contest, the worst form which a polit- ical struggle can take. 2. Congress met December 3d, 1821. In the House XVIIth Congress, P. P. Barbour, of Virginia, a ist Session. Strict Constructionist, was chos- en Speaker. The Loose Constructionists, however, succeeded in passing a bill for the preservation of the Cumberland Road, but it was vetoed by the Presi 92 1 822.] The Tariff. Monroe Doctrine. 93 dent, on the ground that " Congress do not possess the power, under the Constitution, to pass such a law." But his Message gave his opinion that an Amendment to the Constitution should be adopted, giving the Fed- eral Government power to make improvements for great national purposes. The Strict Construction ista succeeded in defeating further propositions to make surveys for a national canal system, and to make the Tariff more protective. Congress adjourned May 8th, 1822. 3. Congress met December 2d, 1822. There was XVIIth Congress, little party contest at this Ses- 2d Session. sion. The Strict Construction- ists defeated bills for an increase of the Tariff, and a renewed attempt to create a national canal system, All other bills necessary for the support of the Govern- ment were passed, generally by large majorities. Con gress adjourned March 3d, 1823. 4. Congress met December ist, 1823. Henry Clay, XVIIIth Congress, of Kentucky, who was now ist Session. the leader of the Loose Con- structionists in Congress, was chosen Speaker in the House. In his Message President Monroe mentioned the war then waged by Spain against her revolted col- onies, and declared that the United States would neither interfere in any European war, nor tolerate any attempt by any European power to acquire a controlling influ- ence in this hemisphere. This has since been called the Monroe Doctrine, and has passed into a settled rule of foreign policy for all American political parties 94 American Politics. [1824 5. The President's Message showed thai his views had slightly changed, for he incidentally recommended Protection and Internal Improvements. The Loose Constructionists were in a majority in this Congress, and aftir a debate of more than two months the Tariff of 1824 was adopted by very small majorities. It wat an advance on all preceding Tariffs in its consistent design to exclude foreign competing goods from Amer ican markets. It was passed by the Northern mem- bers, except those from the North- East, against the almost unanimous vote of the Southern members, who considered it sectional, unconstitutional, and unjust. The Loose Constructionists were also successful in passing a bill for surveys for a National Canal Sys- tem. Congress adjourned May 27th, 1824. 6. An effort was made at this Session by the friends of William H. Crawford, of Georgia, to revive the Caucus System of nomination for the Presidency. Very few members of Congress obeyed their call for a caucus, and Crawford's nomination by this body really injured his chances of success. As there were no rec- ognized parties, the Presidential election degenerated into a personal contest, in which the leading candidate.) were Henry Clay, of Kentucky, Speaker of the House, ohn Quincy Adams, of Massachusetts, Secretary o! State, William H. Crawford, of Georgia, Secretary of the Treasury, and Andrew Jackson, a private citizen of Tennessee. 1 Clay and Adams were Loose Construc- tiouists. Crawford and Jackson were Strict Construc- tionists, but Jackson was objectionable to the Cra\vforc 1 Hence it is known as " the scrub race for the Presidency." 4824.] The Presidential Election, 95 faction, on account of his leaning toward a Piotective Tariff. John C. Calhoun, of South Carolina,, Secretary of War, was generally supported for the Vice- Presi- dency by the frieiids of all the other candidates. The Presidential Election in November gave no candi- date a majority of all the electors chosen, and therefore left the President to be chosen by the House of Repre- sentatives. 7. Congress met December 6th, 1824. The yet un- XVIIIth Congress, decided Presidential election ad Session. was almost the only party contest of the Session. In February, 1825, the elect- oral votes were counted and were found to be, for President, 99 for Andrew Jackson, 84 for John Quincy Adams, 41 for William H. Crawford, and 37 for Henry Clay, and, for Vice-President, 182 for John C, Calhoun, and 78 for various other persons. Calhoun was there fore declared elected Vice-President, and the House proceeded to choose a President from the three highest candidates, each State having one vote. As Clay stood fourth on the list he was not eligible, and it was natural that he and his friends should unite on John Quincy Adams, the other Loose Constructionist candidate Through this coalition 13 States voted for Adams, 7 for Jackson, and 4 for Crawford. Adams was there- fore declared elected President. The feeling excited by this result still further increased the division be- tween the Strict Constructionists and the Loose Con- structionists, who were soon to be openly opposing parties. March 3d, 1825, Congress adjourned, and March 4th Adams and Calhoun were sworn into dffice CHAPTER XI. TENTH ADMINISTRATION, 1825-1829. (dba Quiicy Adams, President. John C. Calhoun, Vice-President XlXth and XXth Congresses. 1. FROM the very beginning of this Administration both factions of the Strict Constructionists united in an opposition to the President, which became stronger through his whole term of office, until it overcame him. His ill-advised Nomination of Clay to a post in his Cabinet gave color to the charge of a corrupt bargain between him and Clay, by which Adams was to receive the Clay vote in the House, and Clay was to be re- ward ad by the position of Secretary of State, which was then usually considered a stepping stone to the Presidency. Clay angrily denied any such bargain, and the renewal of charges and denials, each with its appropriate arguments, gave abundant material for de- bate. 2. The Clay and Adams factions soon united and took the distinctive party name of National Repub- licans. Some years afterward this name was changed 06 1825.] Organization of Parties. 9 to that of Whigs. They maintained the loose construe tionist principles of the Federalists, and, in addition, de^ sired a Protective Tariff and a system of public im- provements at national expense. This policy was sug- gested by the President's Inaugural, and repeated it his first Message. 3. In October, 1825, the Tennessee Legislature nom- inated Jackson for the Presidency in 1828, and Jack- son accepted the nomination. Crawford's continued ill-health compelled his adherents to look elsewhere for a candidate, and they gradually united upon Jackson. At first the resulting coalition was known as " Jackson Men," but, as they began to take the character of a national party, they assumed the name of Democrats, by which they have since been known. They main- tained the strict constructionist principles of the Repub- lican party, though the Crawford faction in the South went further, and held the extreme ground of the Ken- tucky Resolutions of 1799.* This had already borne fruit in the case of the State of Georgia and the Chero- kee Indians, in which a collision had almost taken place between the State and the Federal Government. 4.. Congress met December 5th, 1825. In the XlXth Congress, House John W. Taylor, of New ist Session. York, a Loose Constructionist, was chosen Speaker. His small majority (99-94) rep- resents the Administration majority in the House. In the Senate its majority was larger, but in both bran zhes of Congress the " Jackson men " and the Crawford fac- See page 47. 98 American Politics [1826, tion united in a determined Opposition. One-third of the Session was taken up by the discussion of pro- posed changes in the manner of electing the President. It drifted off into an angry debate on the ' Clay a od Adams bargain," and came to no result. The Opposi- tion also made a fruitless effort to limit the President*! appointing power. 5. Most of the measures proposed by the President at this Session, or known to be favored by him, were passed with difficulty or failed altogether. In the Senate Vice-President Calhoun, who was disposed to act with the "Jackson men," had given them the ma jority on the committees. In the latter part of this Session, therefore, the Senate took the then unusual step of depriving its presiding officer of the power of appointing committees. Much time was spent in de- bating the President's appointment of delegates to the Congress of American Republics at Panama. It was at length approved, and forgotten almost immediately. Appropriations for internal improvements were in- creased. Congress adjourned May 22d, 1826. The summer of 1826 was spent by the opposing factions in endeavors to recruit or cement their organizations. 6. Congress met December 4th, 1826. The ob- XlXth Congress, structive spirit of the Opposi- ad Session. tion was so determined that few measures of national importance were passed at this Session. The Administration's supporters in the House succeeded in passing a hill for an inrrease of the Tariff, but the Vice-President's casting vote de 1827.] The Opposition. Protection. 99 feated it in the Senate. The Opposition intioduced bills, which were defeated, to divide a part of the rev enue among the States, and to repay fines levied under the Sedition Act of 1798. Cc/igress adjourned March 3d, 1827. 7. This was the only Session of Congress in which the Adams Administration had even a nominal majority. The election for members of the XXth Congress had resulted in the success of the Adams candidates, or National Republicans, in New England, New Jersey, Delaware, Ohio, Indiana, and Louisiana. In New York, Pennsylvania, and Illinois, and in every Southern State, with the exception of Louisiana, the Jackson candidates, or Democrats, were successful, and thus obtained control of the House. 8. From this time the idea of a connected system of roads and canals, to be built and maintained by the Federal Government, was abandoned, and . its advo- cates confined themselves to voting for isolated public improvements in various parts of the country. But the demand for a higher Tariff than that of 1824 was brought still more strongly into politics bv a National Convention of Protectionists, at Harrisburgh, Pa., July 3oth, 1827. Many of the Democratic mem- bers elect to the XXth Congress from the North sup- ported the National Republicans in their demand for Protection. The Strict Constructionists from the South were in favor of a Tariff for revenue only. The divi- sion upon this point was therefore booming one of sections, rather than of parties. lOO American Politics. ['827 9. Congress met December 3d, 1827. In the House XXth Congress, Andrew Stevenson, of Virginia, a ist Session. Democrat, was chosen Speaker, This gave the Opposition the organization of the House and the appointment of its committees. In the Senate the hitherto doubtful members at once oined the Democrats, and the Opposition became a majorit there also. The Debates at this Session were almost entirely political. A proposition to. order a painting of Jackson's successful battle of New Orleans, and a counter proposition to investigate his execution of six insubordinate militiamen, were solemnly debated for 9 month. The increased expenditure of the Govern- ment was also the subject of long debate without re- sult. 10. The most important event of this Session was the success of the Protectionists in passing the Tariff of 1828, after a debate of six weeks. It was so pro- tective as to be satisfactory to manufacturers and very objectionable to the Southern States, where it was con- sidered a legalized robbery. From this time the Nulli- fication doctrine of the Kentucky Resolutions of 1799 gained strength rapidly in the South. Congress ad- journed May 26th. 1828. 11. The Democratic candidates for the Presidential election in 1828 were Andrew Jackson, of Tennessee, and John C. Calhoun, of South Carolina. The Na- tional Republican candidates were John Quincy Adams, of Massachusetts, and Richard Rush, of Penn- sylvania. 1 The candidates on both sides were nomi- ' It wUl be noticed that the candidates of Doth parties w ere ' sectional ' 1 828.] Presidcnti.il Election. 101 nated by common consent, or by State Legislatures The system of Congressional caucuses had been aban doned, and that of National Conventions had not yet been adopted. The Presidential Election in No \ember resulted in the complete success of the Demo- cratic electors. J2. Congress met December ist, 1828. In his XXth Congress, Message the President for the 2d Session. first time earnestly advocated Protection. This Session was uneventful, as is usually the case after an exciting Presidential election. The Democratic majority were not disposed to obstruct the Administration while engaged in putting its affairs in order for its successor. After long debate upon their constitutionality, unusually large appropriations were voted for Internal Improvements, and approved by the President. In February, 1829, the electoral votes were counted, and were found to be, for Presi- dent, 178 for Jackson, and 83 for Adams, and, for Vice-President, 171 for Calhoun, 7 for William Smith, of South Carolina, and 83 for Rush. Jackson and Calhoun were therefore declared elected. March 3d, 1829, Congress adjourned, and March 4th nd Calhoun were swore into office. CHAPTER XII. XLEVENTH ADMINISTRATION, 1829-1833. Aairew Jackson, President. John C. Calhoun, Vice-Preside It XXIst and XXIId Congresses. Popular -vote for President in 1828 .- 1 Jackson (Dem.) 647,231, Adams (Nat. Rep.) 509,097. i. Jackson's First Administration was stormy in both foreign and domestic relations. Serious disa- greements with England as to commerce with hei colonies and the boundary between Maine and British America, and with France as to the payment of the long standing indemnity for French spoliations, re- peatedly threatened war, but were all peaceably settled. At home the Administration was engaged in constant struggle with its opponents, the National Republicans, 'Jn Anti-Masons, and the United States Bank, and was abandoned by a part of its own party . the Loose Construed onists, who advocated Protection anr 1 In- ternal Im} rovements, and the Nullificaticnists. The 1 Hitherto electors had been generally chosen by the State Legislature*. After 1824 they were chosen generally by popular vote. Scuth Carolina co tinued to choose electors by State Legislature until 1868. 1829.] Strife ~f Parties. 103 President's final success came from the impossibility of a hearty union of his opponents, though many doubt ful voters were attracted to him by his military achieve- ments, by the undoubted sincerity of his intentions, and by natural sympathy for one man contending against odds. 2. The National Republicans were in a minority in 1829, but were continually reinforced by loose con structionist Democrats. They never became a majority party, but, by combining with the other elements of opposition, were frequently able to thwart the Presi- dent's plans, and even to censure his actions. Their leader was Henry Clay, now Senator from Kentucky, His popularity with his party was already great, though not so unbounded as afterward, when the Whig party almost became Clay's personal party. 3. In 1826 William Morgan, of Batavia, New York, who had advertised a book exposing the secrets of Free Masonry, was kidnapped and never seen again. The crime was charged upon the society, and investi- gation, as it was alleged, was impeded by leading Free Masons. A party soon grew up in Western New York, pledged to oppose the election of any Free Mason to public office. The Anti- Masonic Party acquired influence in other States, and began to claim rank as a national political party. On most points its principles were those of the National Republicans. But Clay, as well as Jackson, was a Free Mason, and consequently to be opposed by this party. 1 ' In 1832 it even nominated a Presidential tir.ket of its own, but, having uf tationa'l principle cf controlling importance, ir soon after declined. 104 American Politics. [1829 4. Financial mismanagement, and the distress grow- ing out of the War of 1812, had compelled Repub licans in 1816 to abandon their strict construction is1 principles and charter a National Bank for twenty years. It was empowered to hold $55,000,000 in property, to issue $35,000,000 in notes receivable by the United States as cash for all debts, had the use without interest of the United States revenues deposited with it, and was not amenable to State Laws. It had friends and dependents in all parts of the Union, some seated in Congress, and many prominent in both par- ties. Its power seemed to Jackson anti-democratic, and his first Message opened upon it a war which soon drove it into politics, and ultimately destroyed it. 5. Among Jackson's warmest supporters were many who were sufficiently loose constructionist in opinion to support Protection and Internal Improve- ments. Jackson himself had formerly been no op- ponent of either, and on that account had been objec- vionable to the Crawford faction. His increasing dis- like to both became apparent soon after the meeting of Congress in 1829, and alienated many of his sup- porten. But these very generally returned to his sup- . port when he had yielded to necessity, and, at least i appearance, ceased his opposition to their favorit measures. 6. The extreme Democracy of the South had only accepted Jackson because of the loss of their forme 1 leader, Crawford. As the progress of Jackson's Ad Hai risen and Tyler were sworn into office. CHAPTER XV. rOURTEENTH ADMINISTRATION, 1841-1845. William Henry Harrison, President, John Tyler, Vice-Pre* XXVIIth and XXVIIIth Congresses. Popular vote for President in 1840: Whig 1,275,017, Democratic, 1,128,702. 1. The President's Inaugural Address con- demned any excessive use of the veto power, the em- ployment for political purposes of Executive control over public officials, and all Presidential experiments upon the currency. March i7th the President, by proclamation, called an Extra Session of Congress, to meet May 3ist and consider the financial difficulties of the Government. Before any further developments of the President's policy could take place, a short illness resulted in his death, April 4th. According to law John Tyler became President. He retained Presi- dent Harrison's Cabinet, and promised to carry out his policy. 2. Congress met May 3ist, i84i. J In the Hors< 1 Senate, 28 Whig, 22 Dem. House, 733 Whig, icS Dem. 132 -841.] President Tyler 1 : Vetoes. 133 XXVIIth Congress, John White, of Kentucky, a Extra Session. Whig, was chosen Speaker The Whigs at once began the change in financial policy to which they were pledged. A bill to abolish the Sub-Treasury of the previous Administration was passed by both Houses and signed by the President A bill to incorporate The Fiscal Bank of the United States was passed by both Houses. It was weeded of many of the objectionable features of the old United States Bank, but was hardly less odious to the Democrats. It was vetoed by the President. His ob- jection was that the powers given to the Bank were such as he and the majority of the people believed it to be unwise and unconstitutional for Congress to grant. An effort to pass the bill over the veto did not receive a two-thirds majority. 3. The Whig leaders, anxious to prevent a party dis- aster, asked from the President an outline of a bill which he would sign. After consultation with the Cab- inet, it was given, and passed by both Houses. Sep- tember Qth the President vetoed this bill also, and an attempt to pass it over the veto did not receive a two- thirds majority. The action of the President, in veto- ing a bill dra^n according to his own suggestions, and thus apparently provoking a contest with the party which had elected him, roused the unconcealed indig- nation of the Whigs. The Cabinet, with one excep tion, 1 at once resigned. The Whig members of Con- gress issued Addresses to the People, in whicr, 1 Daniel V,'cbs:er, of Missachutetts, Secretary of State. 134 American Politics. 11841 they detailed the reforms designed by the Whigs and impeded by the President, and declared that " all po- litical connection between them and John Tyler was at nn end from that day forth." At this Session an Act was passed to distribute the proceeds of the sales of public lands among the States. Congress adjourned September i3th, 1841. 4. The President filled the vacancies in the Cabi- net by appointing Whigs and Conservatives. His po- sition was one of much difficulty. His strict construc- tionist opinions, which had prevented him from sup- porting Van Buren, would not allow him to approve a National Bank, and yet he had accepted the Vice- Presidency from a party pledged to establish one. The over hasty declaration of war by the Whigs put a stop to his vacillations, and compelled him to rely upon sup- port from the Democrats. But only a few members of Congress, commonly known as " the corporal's guard," recognized Tyler as a leader. The Democrats only supported him as a means to success, and were encour- aged in so doing by the State elections of 1841, which were unfavorable to the Whigs. 5. Congress met December 6th, 1841. Although XXVIIth Congress, Congress had decided to re ist Session. fuse consideration to peli tions for the abolition of Slavery, they continued to be sent. John Quincy Adams, of Massachusetts, made himself prominent in presenting them to the House ; and an unsuccessful attempt was made to censuie him In March, 1842, in the House, Giddings, of Ohio 1842.] Slavery. The Tariff. 135 presented a set of resolutions which are noteworthy 35 containing the basis for the subsequent resistance to the extension of Slavery to the Territories. They de- clared that Slavery, being an abridgment of the naturai ights of man, can exist only by force of positive mimic ipal law. and is necessarily confined to the territorial jurisdiction of the power creating it. For offering these resolutions the House censured their author. He resigned his seat, was re-elected at a special election in April, and again took his seat in the House early in May. 6. The reduction of duties by the Compromise Tariff of 1833 had gone so far that the Government revenues were less than expenses. A new tariff became neces- sary and this brought on the struggle between Strict Construction ists and Loose Constructionists. The Whig majority passed a bill continuing for the present the duties under the Tariff of 1833, and providing for the distribution of any surplus revenue among the States. The President vetoed it, on the ground that it was in violation of the Compromise of 1833 by which Protec- tion was to cease after 1842. A Tariff designed to afford a revenue was then passed by both Houses, still con- tinuing the objectionable provision for the distribution of the surplus. This was also vetoed. In the House the Veto Message was referred to a committee, whose report condemned the President's undue assumption of power. Against this the President sent a formal pro- test. The bill was then passed by both Houses, with- out the distributing c'ause, signed by the President, and 136 American Politics. [1842 became the Tariff of 1842. The distributing clause was passed as a separate bill, and disposed of by a "pocket veto." Congress adjourned August 3ist, 1842. 7. Congress met December 5th, 1842. There wa XXVIIth Congress, little party contest at thii 2d Session. Session. On its last day a few Anti-Slavery Whigs issued an address to the people, warning them that the scheme for the annexation of Texas had never been abandoned, but was still in progress, and that its success would result in and justify a dissolution of the Union. Congress adjourned March 3 d > l8 43- 8. Congress met December 4th, 1843. In the XXVIIIth Congress, House John W. Jones, of ist Session. Virginia, a Democrat, was chosen Speaker. The majority in the Senate was Whig, and in the House Democratic, 1 and the consequent disagreement prevented united action, and encouraged the President in his reliance upon the Democrats. The President's Message had recommended that any appropriations for Internal Improvements should be made for the benefit of the Western States. Two bills were passed, the Eastern Harbor Bill, and the Western Harbor Bill. The President signed the Western Bill, and vetoed the Eastern Bill. An attempt to pass it over the veto did not receive a two-thirds majority. The Administration concluded a treaty with Texas, pro- viding for annexation. It was rejected by the Senate 1 Senate, 28 Whig, 24 Dem. Home, 142 Dem., 81 Whig. 1844-] Texas. National Conventions. 13* by a stn ng vote (35-16), all the Whigs and 7 Demo crats voting against it. Congress adjourned June i7th 1844. 9. The Annexation of Texas was now rapidh becoming a party question. The South was determined to accomplish it. It was felt that if the South must stop at the Sabine (the Eastern boundary of Texas), while the North might spread unchecked beyond the Rocky Mountains, " the Southern scale must kick the beam," and the existence of Slavery would be endan- gered. Before the National Conventions met the views of the leading candidates upon the question of annexation had been asked and given. Van Buren guardedly announced himself as opposed to the presem annexation of Texas. Clay expressed himself more plainly to the same effect. 10. The National Convention of the Liberty Party met at Buffalo, August 3oth, 1843. It adopted a long series of resolutions, denouncing Slavery, and calling upon the Free States for penal laws to stop the return of fugitive slaves. It nominated James G. Birney, of Michigan, and Thomas Morris, of Ohio. The "Whig National Convention met at Baltimore, May ist, 1844, and adopted a concise loose constructionist plat- form, advocating a national currency, a protective tariff, and a distribution of surplus revenue among the States. It nominated Henry Clay, of Kentucky, and Theodore Frelinghuysen,of New York. The Democratic Na- tional Convention met at Baltimore, May zyth, 1844, and again adopted its strict constructionist plat 138 American Politics. [1844, form of i8}.o, with an additional article demanding the re-occupation of Oregon, and the re-annexation of Texas. A large majority of the delegates came pledged o vote for Van Buren, whose views on me Texas uestion did not satisfy the Southern delegates. They succeeded in destroying his chances of a nomination by the adoption of the rule of two former Democratic Conventions, that nominations must be made by a two- thirds vote. 1 Van Buren had a majority, but not two- thirds. After eight ballots his name was withdrawn, and the Convention nominated James K. Polk, of Tennessee, and Silas Wright, of New York. Wright declined, and George M. Dallas, of Pennsylvania, was substituted. An abortive Convention of office-holders at Baltimore renominated Tyler. He accepted the nomination but soon withdrew. n. The Democratic party was thus committed to the annexation of Texas, though the demand for the Tariff of 1842, and for " the whole of Oregon or none, with or without war with England" helped to gain votes. Nevertheless Whig success seemed probable until the appearance of an unfortunate letter of Clay's, in which he tried to conciliate Southern Democrats by laying that he would be " glad to see " the annexation take place at some future time. By this ill-judged piece of diplomacy he gained no Democratic votes, for Polk was a warm advocate of annexation, and lost those of the extreme Anti-Slavery Whigs and Aboli- tionists, who purposely threw away on Birney and 1 This hat since been the rule in Democratic National Convention*. 1 844.] Presidential Election. 139 Morris a number of votes which would have carried New York and thus elected Clay. They were there- fore the real agents in the election of Polk, the annexa- tion of Texas, and the extension of Slavery to a vas amount of new territory. 12. The Presidential Ele<5lion in November re- sulted in Democratic success. But it was the most closely contested election in our history, except those of 1800 and 1876. The result in 14 of the 26 States was doubtful for two days, and most of these chose Polk electors by very slender majorities. In several of them the small Abolition vote would have turned the scale, and chosen Clay electors. A majority of the members chosen to the XXIXth Congress were in favoi of a lower Tariff than that of 1842. 13. Congress met December 2d, 1844. A bill to or .XXVIIIth Congress, ganize a territorial govern- 2d Session. ment for Oregon, up to the line of 54 40' North latitude, and beyond the line claimed by England as the true boundary, was passed by the House, but, as it prohibited Slavery, the Senate declined to consider it. The annexation of Texas took up most of the time of this Session. Mexico had abolished Slavery twenty years before, and therefor Texas was by Mexican law free territory. 1 Proposi- tions to prohibit Slavery in Texas were voted down. The Joint Resolution to annex Texas was passed by both Houses, and signed by the President. It pro- hibited Slavery in any States to be formed from the ter 1 The Republic of Texas, however had re-established Slavery by law. 140 American Politics. ritory of Texas north of the Missouri Compromise Line (36 30' North latitude), and left the question to be settled by the people in States formed south of that line 14. Appropriations were made at this Session for both Eastern and Western harbors. The President disposed of them by a pocket veto. In February, 1845, the electoral votes were counted and were found to be, foi Polk and Dallas 170, and for Clay and Frelinghuysen 105. Polk and Dallas were therefore declared elected. March 3d, Florida became a State of the Union, and arrangements were made for the future ad- mission of Iowa. The same day the President sent a messenger to secure the consent of Texas to the an- nexation. March 3d, 1845, Congress adjourned, and March 4th Polk and Dallas were sworn into office. CHAPTER XVI. FIFTEENTH ADMINISTRATION, 1845-1849. James K. Polk, President. George M. Dalla' Vice-President XXIXth and XXXth Congress- . Popular w>'e for President in 1844 Dem. 1,337,243, Whig 1,299,068, Ab. 62,300. 1. THE policy of Rotation in Office, laid down l>y Jackson in 1829 and accepted by the Whigs in 1841, was now finally established by the new Adminis- tration. It has been the rule since that time that every Presidential election shall be marked by a wholesale removal of office-holders, whose places are filled by- friends of the new Administration. 2. Annexation had been accepted by the Congress of Texas and by a Popular Convention. Mexico was so occupied by intestine dissensions and revolution that her exhibition of resentment was at first confined to a formal protest, and the withdrawal of her Minister from Washington. No aggressive movement was made by her even when United States troops under General Taylor occupied the Eastern bank of the Nueces River, 142 American Politics. [1845 beyond which Texas had never hitherto exercised juris diction. 3. Congress met December ist, 1845, with a XXIXth Congress, Democratic majority in both ist Session. branches. 1 In the House ohn W. Davis, of Indiana, a Democrat, was chosen Speaker. The President's Message condemned all Anti-Slavery agitation, recommended a Sub-Treasury and a Tariff for Revenue, and spoke of the annexation of Texas as a matter which concerned only Texas and the United States. December 2gth Texas became a State of the Union. December 3 ist an Act was passed extending the United States revenue system over the doubtful territory beyond the Nueces River, and a revenue officer was appointed to reside in the new dis trict. Even these steps did not induce hostilities Mexico still declared her willingness to negotiate con- cerning the disputed territory between the Nueces and the Rio Grande. 4. In March, 1846, Hostilities were precipitated by an order from the President to General Taylor to advance from the Nueces to the Rio Grande, and oc- cupy the debatable district. He obeyed, and was thus brought face to face with Mexican troops. Early in May Arista, with 6,000 Mexicans, crossed the Ric Grande, attacked Taylor and his force of 2,300 men at Palo Alto, and was badly beaten. On the following day Taylor assumed the offensive, attacked Arista a Resaca de la Palma, and drove him in headlong re treat across the Rio Grande. 1 Senate. 30 Dem.. 25 Whijf House. 142 Dem., 75 Whig, and 6 other*. 1846.] War with Mexico. 143 5. May nth, 1846, the President sent a War Mes- sage to Congress in which he detailed the preliminary skirmishes on the Rio Grande, declared that Mexican troops had at last shed the blood of American citizens on American soil, and asked for a Declaration of War, A bill to recognize the existence of war, and to appro- priate $10,000,000 for its prosecution, was at once passed by both. Houses. Its preamble was as follows: " Whereas, by the act of the Republic of Mexico, a state of war exists between that government and the United States." This was considered a falsehood by the Whigs. They thought that President Polk had provoked hostilities by ordering the army into Mex ican territory. Nevertheless they generally voted, un- der protest, for 'the declaration, on the ground that the army had been forced into a perilous situation, and must be rescued. On the same ground they generally supported the war until its conclusion. The Liberty party, particularly in New England, opposed the wax bitterly. 1 6. August 8th a Special Message from the President asked for money with which to purchase territory from Mexico, that the war might thus be settled by negotia- tion. A bill appropriating $2,000,000 for this purpose at once brought up the Slavery question, for it was cer- tain that any newly acquired territory would swarm with slave-holders, who would demand protection in the possession of their slaves. In the House Wilmot, of Pennsylvania, on behalf of many Northern Demo 1 Their fre'ing is represented by Lowell's ' Biglow Papers." 144 American Politics. [1846 crats, offered an addition to the bill, applying to anj newly acquired territory the provision of the Ordinance of 1787,' that "neither Slavery nor involuntary servi- tude shall ever exist in any part of said territory, ex- cept for crime, whereof the party shall first be duly con- victed." This was the celebrated Wilmot Proviso. The Whigs and Northern Democrats united in favor of it, and it passed the House, but was sent to the Senate too late to be acted upon. 7. During this Session war with England upon the Oregon Question seemed imminent. By the treaties of 1803 with France, and 1819 with Spain, the United States had acquired the rights of those powers on the Pacific coast, north of California. The Northern boundary of the ceded territory was unsettled. The United States claimed that the boundary was the line 54 40' North latitude. England claimed that it fol- lowed the Columbia River. By a convention of 1827 the disputed territory had been held by both countries jointly, the arrangement being terminable by either country on twelve months' notice. The last Demo- cratic Convention had demanded the " ^-occupation " of the whole of Oregon (up to 54 40'), with or with- out war with England. 2 The " r four-forty- or-fight " [846.7 Oregon. The Tariff of 1846. 145 directed to give the requisite twelve months' notice tc Fngland. 8. June isth, 1846, the Oregon question was settled b> a Treaty with England, by which the United States abandoned the line of 54 40', and accepted hat of 49 North latitude as the Northern boundary A bill to organize the Territory of Oregon, with the Wilmot Proviso attached, was passed by the House, against the votes of the Southern Democrats, but was not acted upon by the Senate. 9. At this Session the Tariff of 1846 was passed by a party vote. It followed the strict constructionist theory in aiming at a list of duties sufficient only to provide revenue for the Government, without regard to Protection. A River and Harbor Improvement Bill was passed by both Houses. It was vetoed by the President on the ground that the Constitution did not, in his opinion, give the Federal Government any power to appropriate money for the purpose of making Internal Improvements within the States. Congress adjourned August i3th, 1846. 10. Congress met December yth, 1846. December XXIXth Congress, 28th, Iowa became a State 2d Session. of the Union. The Presi- dent's Message announced the continued success of the American arms in Mexico, and argued that the Rio Grande should be considered the Western bound- ary of Texas. The necessary measures for the prose- cution of the war took up most of the time of this Ses- gion. A bill appropriating $3,000,000 farther irchasf 10 146 American Politics 1^4 7. of territory from Mexico was passed by the House with the Wilmot Proviso attached. The Senate passed the bill, but without the Wilmot Proviso, and, after un- availing struggle Dy the Whigs, the House adopted the bill as it came from the Senate. The bill to organize tli2 Territory of Oregon, with the Wilmot Proviso, was again passed by the House, and again left without ac- tion by the Senate. A motion in the House by a Southern member to recognize the Missouri Com- promise Line (36 30') as extending to the Pacific was lost by a sectional vote, South against North. A River and Harbor Improvement Bill was again passed but so near the end of the Session that the President was able to dispose of it by a "pocket veto." Congress ad journed March 3d, 1847. n. Congress met December 6th, 1847, with a Dem XXXth Congress, ocratic majority in the Senate, ist Session. and a Whig majority in the House. 1 Robert C. Winthrop, of Massachusetts, a Whig, was chosen Speaker of the House. The subject of Internal Improvements was again brought up, and the House resolved by a large majority that the General Government had the power to improve har- bors and rivers for the advantage of commerce and fo the common defense. A resolution embodying the sub- stance of the Wilmot Proviso was tabled. It did not nave, as in the last Congress, the whole Free Stat Democratic vote in its favor. 2 1 Senate, 35 Dem., 21 Whig. House, 117 Whig, 108 Dem. Twenty-five Free State Democrats voted aga> ist it 1848.] Peace. --National Conventions. 147 12. Peace was made with Mexico in February, 1848, and a large increase of territory was thereby gained by the United States. As a compromise be tween the advocates and the opponents of the exten- sion of Slavery, a bill was passed by the Senate, estab- lishing territorial governments in Oregon, New Mexico and California, with a provision that all questions con cerning Slavery in those Territories should be referred to the United States Supreme Court for decision. It was voted for by the members from Slave States, and lost in the House. A bill was then passed in the House, by a sectional vote, to organize the Territory of Oregon, without Slavery. This was passed by the Senate, with an amendment declaring that the Mis- souri Compromise Line extended to the Pacific Ocean. This would have divided the United States into two parts, the Northern free, and the Southern slave. The amendment was rejected by the House, again by a sectional vote, and, the Senate withdrawing, the bill passed. Congress adjourned August i4th, 1848. May 29th Wisconsin had become a State of the Union. 13. The Democratic National Convention met at Baltimore, May 22d, 1848. It renewed the strict constructionist platform of 1840 and 1844, and nomi- nated Lewis Cass, of Michigan, and William O. Butler, of Kentucky. A resolution that Congress had no power to interfere with Slavery, either in the States 01 in the Territories, was voted down by a heavy majority, The Whig National Convention met at Philadel phia, June yth, and nominated Zachary Taylor, o> 148 American Politics. [1848. Louisiana, and Millard Fillmore, of New York. Na platform was adopted, and resolutions affirming the Wilmot Proviso as a party principle were repeatedly voted down. It was thus evident that the Whigs were not ready to become an Anti- Slavery party, nor were the Democrats ready to become a Pro-Slavery party The State of New York had sent two delegations to th Democratic Convention, the " Hunkers," or Conserva- tives, who wished tc leave the Slavery question in abey- ance, and the " Barnburners," J or Free Soil Democrats, who opposed any further extension of Slavery into the Territories. The Convention admitted both, dividing the vote of New York between them. The Barn- burners withdrew, and attended the National Conven- tion of a new party, the Free Soilers, at Buffalo, August gth. It adopted a platform declaring that Con- gress had no more power to make a slave than to make a king, and that there should be no more Slave States, and no more Slave Territories. It nominated Martin Van Buren, of New York, and Charles Francis Adams, of Massachusetts. 14. The Free Soilers (or Free Democracy) were joined by the old Liberty party, and by many Demo- crats who were offended at the support given by South- ern Democrats to the efforts to establish Slavery in the territory lately won from Mexico. In the South many former Democrats preferred a slave-holding candidate without a platform to a non slave-holding candidate 1 This was originally a term applied by their opponents to their supposed evolutionary principles. It made no charge of practical arson. 1848.] Presidential Election. 149 on a platfoim in which support of Slavery had been voted down. The Presidential Election in No- vember resulted in the success of the Whig electors io majority both of the Free and of the Slave States. The belief of the Northern Democrats that they hat! been betrayed by the Southern Democrats in the elec- tion had its natural effect in the next Session of Con- gress, where the Free State Democrats voted for every measure aimed at Slavery. 15. Congress met December 5th, 1848. A bill to XXXth Congress, organize the Territories of New 2d Session. Mexico and California, with the Wilmot Proviso, was passed by the House by a sec- tional vote, almost all the Free State Democrats voting for it. The Senate refused to consider it. The House then passed a resolution condemning the sale of slaves in Washington as " notoriously a reproach to our coun- try throughout Christendom," which roused the indig- nation of Southern members. Late in the Session the Senate passed the General Appropriation Bill for gov- ernment expenses, with a " rider," ] organizing the Territories of New Mexico and California, permitting Slavery. Its object was to compel the House to yield, or leave the Government penniless. The House threw this responsibility back upon the Senate by substituting for its rider a provision that un- til July 4th, 1850, the existing Mexican laws of those Territories should remain in force. As Mexico had 1 That h, an addition having no reference to the subject matter of the origi ul bi'l. f5O American Politics. [1849 abolished Slavery this would have made the new Ter- ritories free. On the last night of the Session the Sen- ate unwillingly struck out its " rider " and the House substitute, and passed the Appropriation Bill as it origi- nally came from the House. 1 6. Another River and Harbor Improvement Bill was passed by the House, but was not acted upon by the Senate. In February, 1849, the electoral votes were counted and were found to be, for Taylor and Fillmore 163, and for Cass and Butler 127. Taylor and Fillmore were therefore declared elected. March 3d, 1849, Congress adjourned, and March 5th Tayloi and Fillmore were sworn into office. CHAPTER XVII. SIXTEENTH ADMINISTRATION, 1849-1853. Zacuary Taylor, President. Mlllard Fillmore, Vice-President XXXIst and XXXIId Congresses. Popular vote for President in 1848: Whig 1,360,101 Dem. 1,220,544, Free Soil 291,263. i. TAYLOR'S Inauguration marks the beginning of a Process of Change which in a few years destroyed one of the two great parties, and changed the charactei of the other. The Free Soil Democrats, who opposed any extension of Slavery to the Territories, and had therefore abandoned the Democratic party, saw no reason for joining the Whig party, which had distinctly rejected the principle of the Wilmot Proviso. The con- sequent loss of the Democrats, in numbers, was moie than balanced by the accession of Pro-Slavery Whigs who made their new party progressively more Pro- Slavery. The Whig losses had no compensating gains. The disintegration of the party continued from its suc- cess in electing a slave-holding President in 1848 until the n of its anti-slavery successor in 1855-56. 152 American Politics. 2. The accession of Pro-Slavery Whigs soon brought prominently forward the doctrine which the last Demo- cratic National Convention had voted down, that the Constitution gave Congress no power to interfere with Slavery in the Territories, and that the people of each Territory should allow or prohibit Slavery as they pleased. This was Squatter Sovereignty. 1 Of course it would follow from this that the Missouri Compromise of 1820 was illegal and unconstitutional, as it abolished Slavery in the Territories North of 36 30'. But this consequence was not at first mentioned, and, perhaps, not thought of. 3. \s Squatter Sovereignty was a strict construction- ist theory, it was more easy to force it upon the Demo- cratic than upon the Whig party. From this time, therefore, Southern leaders aimed to control the Dem- ocratic party more thoroughly, abandoning its opponent after an effort to use it as an instrument in completing the work of the Democracy. 2 The struggle between the advocates of the Wilmot Proviso, which forbade Slavery in the new territory, and of Squatter Sover eignty, which allowed its introduction, if desired by the people, was precipitated by the Discovery of Gold vn California. The consequent rush of immigration increased the population of California so rapidly that a State constitution was formed June 3d, 1849, expressly prohibiting Slavery. This practical application of Squatter Sovereignty was equally surprising and un- welcome to its first advocates. ' Otherwise called Popular Sovereignty. * At the Presidential Convention of 1852. 1850] The Compromise of 1850. 153 4. Congress met December 3d, 1849, with a Demo XXXIst Congress, cratic majority in the Senate, ist Session. and no party majority in th< House, the Free Soilers holding the balance of powtr etween the other two parties. 1 The Free Soilers efused to vote for either the Whig or the Democratic candidates for Speaker, and, after 62 unavailing ballots in which no one had a majority of all the votes, it was agreed that the highest number of votes should elect. The House then chose as Speaker Howell Cobb, of Georgia, a Democrat and an advocate of the extension of Slavery. 5. California applied for admission as a State Feb- ruary 1 3th, 1850. Shortly before the application Clay had submitted a proposition to compromise the con flicting claims of the advocates of Slavery extension and of Slavery restriction. His proposition included seven points: (i) the admission of any new States properly formed from Texas, (2) the admission of Cali- fornia, (3) the organization of the Territories of New Mexico and Utah, without the Wilmot Proviso (/. e. t with Squatter Sovereignty), (4) the passage of the last two measures in one bill, (5) the payment of a money indemnity to Texas, (6) a more rigid F-igitive Slave Law, (7) the abolition of the slave trade, but not of Slavery, in the District of Columbia. This was the basis of the Compromise of 1850. It was opposed by the Whigs and Free Soilers, who considered it a ' Senate, 35 Dem. 25 Whig, 2 F'e: Soilers. House, no Dem., 10 % Free Sellers. (54 American Politics. [1850 surrender cf free soil to the slave power, and by tne extreme Southern Democrats, who considered it a surrender of the slave-holder's right to hold his property and slaves wherever he pleased to settle. But it was undoubtedly satisfactory to the great majority of the people, as averting civil war and disunion. 6. The Compromise of 1850 was originally united in one bill. 1 It was debated throughout the Session, and gradually divided into a number of separate bills. These were all passed, during the months of August and September, by both Houses, and became law. California thus became a State of the Union Sep- tember gth, 1850. Perhaps the most important, in its bearing upon future events, was the Fugitive Slave Law, which was much more stringent in its provisions than the one already in existence. It directed and encouraged the surrender of fugitive slaves by United States Commissioners in the North, without any trial by jury, and commanded all good citizens to aid in making arrests. The work of chasing and arresting fugitive slaves in the Northern States was at once be- gun, and carried on diligently, often inhumanly. The consequent disgust and horror caused the passage, by some Northern Legislatures, of Personal Liberty Laws, intended to protect free negroes falsely alleged 10 be fugitive slaves. Congress adjourned September 3oth, 1850. 7. July Qth President Taylor died, and Vice- President Fillmore became President in his stead 1 Ccmmonly called the Omnibus Bill, from its all-embracing nature. 1851.] An Interval of Calm. 155 The change had no effect upon party contests, the Administration remaining Whig, as before 8. Congress met December 2d, 1850. There wat XXXIst Congress, little party contest at this Sus- ad Session. sion. The questions of Tariff, ntemal Improvements, and a National Bank, had, for a time at least, disappeared. On the question of Slavery, which had so suddenly sprung into controlling interest, neither party was ready to take a decided stand. The business of this Session was therefore con- fined to routine, with occasional debates on Slavery. Congress adjourned March 3d, 1851. 9. Congress met December ist, 1851, with a Dem- XXXIId Congress, ocratic majority in both ist Session. branches. 1 In the House Linn Boyd, of Kentucky, a Democrat, was chosen Speaker. The increased Democratic majority in Con- gress marks the satisfaction with which the people generally had received the Compromise of 1850, as they understood it. There was little party contest at this Session. The question of Slavery was considered settled, and the Democratic majority generally sup- ported the measures recommended by the Administra- tion for carrying on the government. This Session, however, is noteworthy for the first mention of a meas- ure destined to transfer the conflict between Slavery and its opponents to the country west of Missouri, stretching to the Rocky Mountains, and called, from its principal river, the Platte Country. 2 It had be- 1 Senate, 34 Dem., 23 Whigs, 3 Free Soilers. House, 140 Dem., Free Soilers. * Now called Kansas. !$ American Polites. [1852 come a through route to California, and its population was increasing. It now applied for organization as a Territory, but the application was not acted upon Congress adjourned August 3ist, 1852. 10. The Democratic National Convention met at Baltimore, June ist, 1852. It renewed the strict constructionist platforms of preceding Conventions, endorsed the Kentucky and Virginia Resolutions of 1798, and pledged the Democratic party to the faith- ful observance of the Compromise of 1850, including the Fugitive Slave Law, and to a steady opposition to any agitation of the Slavery question. It nominated Franklin Pierce, of New Hampshire, and William R. King, of Alabama. The Whig National Conven- tion met at Baltimore, June i6th. It adopted a loose constructionist platform, more cautiously worded than those of former Conventions, and endorsed the Com- promise of 1850 and the Fugitive Slave Law in terms very similar to those of the Democratic platform. Af- ter a session of six days it nominated Winfield Scott, of Virginia, and William A. Graham, of North Caro- lina. The Free Soil Democratic Convention met at Pittsburgh, August nth. It adopted a plat- forn declaring Slavery to be a sin against God and a crime against man, and denouncing the Compromise of 1850, and the two parties who supported it. I( nominated John P. Hale, of New Hampshire, and George W. Julian, of Indiana. n. The success of the Southern delegates in com- mitting the Whig Convention to the support of the Compromise of 1850 did not injure the party so much 1852.] Nebraska. \ 5 7 at the time as it did afterwards, when the real nature of that Compromise was declared. 1 At the Presi- dential Election in November its popular vote was slightly increased since the previous election, al- though most of the Free Soil vote was drawn from it Nevertheless the Whig electors carried only four States, 1 the other twenty-seven States choosing Democratic electors, though generally by very small majorities. 12. Congress met December 6th, 1852. A bill was XXXIId Congress, passed by the House to or- 2d Session. ganize the Territory of Nebraska, with the same boundaries as the formerly proposed Territory of Platte. It was tabled in the Senate. The opposition to it came from Southern members who were preparing, but were not yet ready to announce, their next advanced claim, that the Com- promise of 1850 had superseded and voided that of 1820, abolished the prohibition of Slavery in the terri- tory North of the Missouri Compromise Line (36 30' North latitude), and opened it to the operation of Squatter Sovereignty. In February, 1853, the elect- oral votes were counted, and were found to be, for Pierce and King 254, and for Scott and Graham 42. Pierce and King were therefore declared elected. March 3d, 1853, Congress adjourned, and March 4th Pierce was sworn into office. 3 i The Whig party was thei "orcibly s.id to hnve died "of an attempt U "wallow tlio Fugitive Slave f.a.v." * Massat husetts, Vermont, Kentucky, and Tennessee. * Vice- President King> on account of illness, was svorn into office aftft Ward CHAPTER XVIII. SEVENTEENTH ADMINISTRATION, 1853-1857. Franklin Pierce, President. William R. King, Vice-Presideit XXXIIId and XXXIVth Congresses. Popular vote for President in 1852: Dem. 1,601,474, Whig 1,386,578, Free Soil 156,149. i. CONGRESS met December 5th, 1853. The Dem- XXXIIId Congress, ocratic majority in both ist Session. branches was increased. 1 In the House Speaker Boyd was again elected. The President's Message assured those who had elected him that he intended to carry out the Compromise of 1850, in all its parts. A Senate bill to organize the Territory of Nebraska was interfered with by a Jemand from a Southern Senator that the Missouri Compromise should not be so construed as to prohibit SI ivery in the now Territory. The bill was at once dropped. But a sufficient number of Free State Democrats soon acquiesced in the Southern demand to make it a success. Senate, 36 Dem., 20 Whigs, 2 Free Soilers. House, 159 Dem., 71 Whig* Free Soilcrj. 1854] The Kansas- Nebraska Bill. 159 2. Jan. 23d, 1854, the famous Kansas-Nebraska Bill was introduced in the House. It divided the territory covered by the previous Nebraska bill into two Territories, one directly west of Missouri and be- ween the parallels of 37 and 40, to be called Kan- as, and the other north of this and between the paral- lels of 40 and 43, to be called Nebraska. Accord- ing to the Compromise of 1820 both of these Terri tories were forever barred to Slavery. But this bill distinctly declared that the Compromise of 1820 was inconsistent with the constitutional principle of non- interference with Slavery by Congress, that it was therefore inoperative, void, and repealed by the Com- promise of 1850, and that hereafter each Territory, whether north or south of the parallel of 36 30', should admit or exclude Slavery as its people should decide. This bill was passed by the Senate, its only opponents being the Northern Whigs and Free Soilers. 3. The Kansas- Nebraska Bill did not come up in the House until about two months later. The Southern Democrats and Southern Whigs united in favor of it The Northern Democrats were evenly divided, 1 and the Northern Whigs and Free Soilers united against it. The division between the Democratic opponents and advocates of the Kansas- Nebraska Bill was soon healed. The division between Northern and Southern Whigs was final. The Northern Whigs at once repudiated theii old party name, and were called at first Anti-Ne- braska Men. The Southern Whigs kept the partj 1 There were 8 Northern Democrs tic votes, 44 for. and 44 against t 160 American Politics. [1854 name alive a few years longer, but their principles on the controlling question of Slavery were so similar ta those of the Southern Democracy that they can hardly be called a distinct party. Congress adjourned August 7th, 1854. 4. A new party had by this time risen to active im portance in American politics. It appeared in 1852,' in the form of a secret, oath-bound organization, of whose name, nature, and objects, nothing was told even to its members until they had reached its higher degrees. Their consequent declaration that they knew nothing about it gave the society its popular name of Know Nothings. It accepted the name of the American Party. Its design was to oppose the easy naturalization of foreigners, and to aid the elec- tion of native-born citizens to office. Its nominations were made by secret conventions of delegates from the various lodges, and were voted for by all members under penalty of expulsion in case of refusal. At first, by endorsing the nominations of one or other of the two great parties, it decided many elections. After the passage of the Kansas-Nebraska Bill, the Know Nothing organization was adopted by many Southern Whigs, who were unwilling to unite with the Democ- racy, and became, for a time, a national party. It 1 The Hartford Convention had complained of the easy naturalization ol foreigners. A "Native American" party had existed in New York City in 1835, but it was only local, and soon disappeared. In 1843 a new "Nal/-n American" party had arisen in New York City, and extended to Philadelpl v Its Whig members left it in 1844 because of its refusal to vote for Clay, ; J It too disappeared. 1 8 5 5 .] Internal Improvements. Kansas. \ 6 1 carried nine of the State elections in 1855, and in 1856 nominated Presidential candidates. After that time its Southern members gradually united with the Democ- racy, and the Know Nothing party disappeared froru politics. 5. Congress met December 4th, 1854. There was XXXIIId Congress, little party contest at this 2d Session. Session, which was chiefly noteworthy for a revival of the question of Internal Improvements. It secured Democratic votes by providing for detached public improvements. A River and Harbor bill was passed by both Houses, but was vetoed by the President. Congress adjourned March 3^ 1855. 6. Congress met December 3d, 1855,* with a Demo- XXXI Vth Congress, cratic majority in the Senate. ist Session. In the House the " Anti- Nebraska men " had a majority, but so many of them were Know Nothings that no candidate could control their entire vote. After 130 ballots for Speaker, lasting until February, 1856, it was agreed that the highest number of votes should elect, and N. P. Banks, Jr., of Massachusetts, an " Anti-Nebraska man," was chosen. The remaining time of this Session was occupied by the Kansas Troubles, which will be referred to here after. A House Committee was sent to Kansas, and reported that no free or fair election had ever taken place in that Territory. The House voted an appro 1 Senate, 34 Dem.. 2 5 Opposition. House, 117 Anti-Nebraska 79 Dem.. j< Pro-Slavery Whigs. II 1 62 American Politics. [1855 priation for the army, with a proviso forbidding the use of the army to enforce the acts of the Pro-Slavery Kan sas Legislature. 1 The Senate rejected the proviso, and during the disagreement between the Houses the time xed for adjournment arrived, and Congress adjourned August i8th, 1856, leaving the Army Bill unpassed. The President at once called an Extra Session of Con gress, in which the Army Bill, without the proviso, was passed, and Congress again adjourned August 3oth, 1856. 7. Early in 1856 the "Anti-Nebraska men" had adopted the name of the Republican Party. 2 The new name was at once recognized by the Democrats with the addition of a contemptuous adjective (Black Republican). It will be seen that the new party was a. loose constructionist party, inheriting the desire of the Federalists and Whigs for Protective Tariffs, Internal Improvements, and a system of National Bank Cur- rency, and adding to them the further principle that the Federal Government had power to control Slavery in the Territories. The new party had therefore an as- sured existence from the first, for 'ts additional loose constructionist principle was the only logical answer to the strict constructionist principle still avowed by the Democrats, that Congress had no constitutional power to interfere for or against Slavery in the Territories. 8. The attention of the whole country had now been > See page 165. 1 First proposei, it is said, by Governor Seward, of New York, late if t55 The Kansas Struggle. 163 turned to the struggle provoked by the Kansas-Ne braska BiL, and the repeal of the Missouri Compromise, The fertile soil of Kansas had been offered as a prize to be contended for by Free and Slave States, and both had accepted the contest. The Slave State settlers were first in the field. The slave-holders of Western Missouri, which shut off Kansas from the Free States, had crossed the border, pre-empted lands, and warned Free State immigrants not to pass through Missouri. The first election of a delegate to Congress took place November 2gth, 1854, and was carried by organized bands of Missourians, who moved over the border or election day, voted, and returned at once to Missouri. The spring election of 1855, for a Territorial Legis lature, was carried in the same fashion. In July, 1855 this Legislature, all Pro-Slavery, met at Pawnee, and adopted a State Constitution. To save trouble it adopted the laws of the State of Missouri entire, with a series of original statutes denouncing the penalty of death for nearly fifty offenses against Slavery. 9. All through the spring and summer of 1855 Kan- sas was the scene of almost continuous conflict, the Border Ruffians of Missouri endeavoring to drive out the Free State Settlers by murder and arson, ind the Free State settlers retaliating. The cry of "bleeding Kansas" went through the North. Emi- gration societies were formed in the Free States to aid, arm, equip, and protect intending settlers. These, pre- vented from passing through Missouri, took a more Northern route through Iowa and Nebraska, and 164 American Politics. [1855 moved into Kansas like an invading army. Tin Southern States also sent parties of intending settlers. But these were not generally slave-holders, but young men anxious for excitement. They did not go to Kan- sas, as their opponents did, to plow, sow, gather crops and build up homes. Therefore, though their first rapid and violent movements were successful, their sub sequent increase of resources and numbers was not equal to that of the Free State settlers. 10. The Territory soon became practically divided into a Pro-Slavery district, and a Free State district. Leavenworth in the former, and Topeka and Lawrence in the latter, were the chief towns. September 5th, 1855, a Free State Convention at Topeka re- pudiated the Territorial Legislature and all its works, as the acts and deeds of Missourians alone. It also re- solved to order a separate election for delegate to Con- gress, so as to force that body to decide the question, 1 and to form a State government. January i5th, 1856, the Free State settlers elected State officers under the Topeka Free State Constitution. 2 n. The Federal Executive now entered the field. January 24th, 1856, the President, in a Special Message to Congress, endorsed the Pro-Slavery Legis- lature, and pronounced the attempt to form a Free Stale government, without the approval of the Federal authorities in the Territory, to be an act of rebellioa 1 The question was decided by the admission of the P: o-Slavery delegate. 1 Under this (Topeka) Constitution Kansas applied foi admission ai SUIT tad was rejected. 1856.] Assault itpon Sumner. 165 He then issued a proclamation, warning all persons en- gaged in disturbing the peace of Kansas to retire to their homes, and placed United States troops at the orders of Governor Shannon to enforce the (Pro-Slavery) laws of the Territory. 12. The population of Kansas was now so large that very considerable armies were mustered on both sides, and a desultory civil war was kept up until nearly the end of the year. During its progress two Free State towns, Lawrence and Ossawattomie, were sacked. July 4th, 1856, the Free State Legislature attempted to assemble at Topeka, but was at once dispersed by a body of United States troops, under orders from Wash- ington. 1 September gih, a new Governor, Geary, of Pennsylvania, arrived and succeeded in keeping the peace to some extent by a mixture of temporizing and decided measures. By the end of the year he even claimed to have established order in the Territory. 13. The heat of the Kansas discussion in Congress was marked by an Assault upon Charles Sumner, Senator from Massachusetts. In a speech on the Kan- sas question he had criticised Senator Butler, of South Carolina. After the Senate's adjournment, May 2 ad, 1856, Representative Brooks, of South Carolina, a rela- tive of Butler, entered the Senate chamber, struck Surn- ner senseless to the floor, and then beat him so cruelly that an absence of several years in Europe was neces- sary for his recovery. The House passed a resolution 1 For the consequent attempt of the House to limit this use of the anry ice posje 162. 1 66 American Politics. ['856 of censure upon Brooks, who immediately resigned but was unanimously je-elected by his district. Massachu- setts declined to choose another Senator, preferring to leave Sumner's empty chair as her silent protest against unpunished violence. 14. The Know Nothing National Convention met at Philadelphia, February 22d, 1856. It adopted a platform which declared that Americans must rule America, and that naturalization should only be granted after 21 years' residence, and condemned the repeal of the Missouri Compromise. The Anti-Slavery delegates (one-fourth of all the Convention) withdrew because of a refusal to endorse the right of Congress to re-establish the Missouri Compromise Line. The Convention then nominated Millard Fillmore, of New York, and An- drew Jackson Donelson, of Tennessee. These nomi nations (but not the platform) were accepted by a convention of delegates from the remnants of the great Whig wreck, held at Baltimore, September lyth. The Democratic National Convention met at Cincin- nati, June 2d, and adopted the strict constructionist platform of former Conventions. It added to it a con- demnation of K.now Nothingism, and an approval of the Kansas-Nebraska Bill and the substitution of Squatter Sovereignty for the Compromise of 1820.' It nominated James Buchanan, of Pennsylvania, and John 1 From this time party platforms become so long and ambiguous that onlj ihe most succinct abstract can be given. The reader is referred to Greeley't Political Text Book for 1860, and to the Tribune, World, and Herald Almanacr lincc i8o, for the platfonr^ in full 1856.] Presidential Election. 1 6; C. Breckinridge, of Kentucky. The Republican National Convention met at Philadelphia, June 1 7th, and adopted a loose constructionist platform. It declared ill favor of Internal Improvements (including a Pacific Railway', and of the right and duty of Con gress to prohibit Slavery and Polygamy in the Terri lories and admit Kansas as a Free State, and agains*. the repeal of the Missouri Compromise, the genera* policy of the Administration, and the extension of Slav- ery. Its nominations were John C. Fremont, of Cali- fornia, and William L. Dayton, of New Jersey. 15. The Know Nothings and Whigs had denounced both the Democrats and Republicans as sectional, or " geographical " parties. But Fillmore's supporters had no remedy to offer for the troubles caused by Slavery. In the Presidential Election in November, there- fore, they carried but one State, Maryland. Democratic electors were chosen by the remaining fourteen Slave States, and by New Jersey, Pennsylvania, Indiana, Il- linois, and California, giving them a majority of all. The remaining eleven Free States chose Republican electors. 1 No candidate had a majority of the popular vote. 16. Congress met December ist, 1856.* The sud- XXXIVth Congress, den crystallization of the 2d Session. various Anti-Slavery ele- 1 If Pennsylvania and Illinois had chosen Republican electors Fremont a:U Dayton would have be-Ti elected. * Senate, 40 Dem., 15 Rep, 5 Kn. N. He use, 108 Rep., 83 IVsm 4f Kn. N. 1 68 American Politics. \_ l &57 ments into the Republican party had sligr tly altered the political proportions of the House. There was no party majority there, though the Republicans still had the greatest number of votes. At this Session granti of public lands were made to various Western and Southern States to aid the construction of new railroads. The Tariff of 1857 was passed by both Houses, and became law. It reduced duties on imports to a rate lower than those of any Tariff since that of 1816. 17. The Kansas troubles took up much of the time of this Session. January 6th, 1857, the Free State Legislature again attempted to meet at Topeka, and was again dispersed by Federal interference. Its pre- siding officer and many of its members were arrested by a United States deputy marshal. The Territorial, or Pro-Slavery, Legislature quarreled with Gov. Geary, who resigned, and Robert J. Walker, of Mississippi, was appointed in his stead. A resolution was passed by the House declaring the Acts of the Territorial Leg- islature cruel, oppressive, illegal, and void. It was tabled by the Senate. 18. In February, 1857, the electoral votes were counted. The 5 votes of Wisconsin had not been cast on the 3d of December, as required by law, but on th 4th, and many members were disposed to debate thei legality. But the presiding officer declared all debat out of order, and announced the votes, including those Df Wisconsin to be 174 for Buchanan and Breckin ridge, 114 for Fremont and Dayton, and 8 for Fillmore and Donelson. Buchanan and Breckinridge were 1 85 7.] The Electoral Votes. 169 therefore declared elected. March 3d, 1857, Congress adjourned, and March 4th Buchanan and Breckinndge were s .vorn into office. CHAPTER XIX. EIGHTEENTH ADMINISTRATION, 1857-1861. fames Buchanan, President. John C. Breckinridge, Vice-President XXXVth and XXXVIth Congresses. Popular vote for President in 1856: Dem. 1,838,169, Rep. 1,341,264, Kn. N. 874,534. i. Two days after Buchanan's Inauguration the Su- preme Court rendered final judgment in the Dred Scott Case. It had been decided in 1856, but it had been thought best to reserve judgment until the excite- ment of the Presidential electu n should subside. This, though one of the most important cases ever decided in the United States, was originally a case of simple assault and battery. Dred Scott was a Missouri slave. His owner took him in 1834 to Illinois, a State in which Slavery was prohibited by statute, allowed him to marry and live there until 1838. and then took him to Minnesota, a Territory in which Slavery was pro hibited by the Act of Congress of 1820, known as the Missouri Compromise. Thence his owner took hiir back to Missouri. Here he was whipped for some of lense, and brought suit for damages, claiming to hav? 170 1 85 7.] The Case of Dred Scctt. 171 become a free man by his residence in Illinois and Minnesota. The owner's demurrer denied that the plaintiff was a citizen, or could sue, since he was de- scended from slave ancestors, and never had been set free. This was decided against him by the State Cir- cuit Court of Missouri, and judgment given in favor of Dred Scott. By successive appeals the -case finallj reached the United States Supreme Court. 2. The Decision of the Supreme Court startled the Northern States. It declared, in substance, that the ancestors of negro slaves were not regarded as person," by the founders of the government, but as chattels, as things, " who had no rights or privileges but such as those who held the power and the government mighl choose to grant them;" that Dred Scott, the plaintiff in error, was consequently no citizen of Missouri, but a thing, without standing in Court, and his case must be dismissed for want of jurisdiction; and that his resi- dence in Minnesota could avail him nothing, because the Act of Congress of 1820, prohibiting Slavery north of the parallel of 36 30', was unconstitutional ano void, and could not prevent a slave-owner from settling in any Territory with all his property. The Court further took occasion to observe that Congress had no more right to prohibit the carrying of slaves into any State or Territory than it had to prohibit the carrying thither of horses or any other property, for slaves were property, whose secure possession was guaranteed by the Constitution. 1 1 On the contrary, the dissenting Justices of the Court and the mass of tin N'otthetn people, considered slaves as a kind of property whose secure po 172 American Politics. [1857 3. The Dred Scott decision marks the last attempt to decide the contest between Slavery Extension and Slavery Restriction by form of law, and from this time the course of events tends with increasing rapidity to a settlement by force. The first Compro- mise (in 1820) had prohibited Slavery in part of the Territories, leaving the question open as to the re- mainder. The next Compromise (in 1850-1852) had opened all the Territories to Slavery, if established by Popular Sovereignty. In both of these the whole peo- ple had agreed. But the Dred Scott decision, in its logical consequences, opened all the Territories and all the Free States to at least a temporary establishment of Slavery, wherever a slave-owner might see fit to carry his slaves. It was plain that this would never be received as law by the Free States. The only prac- tical results of the Dred Scott decision, therefore, were to show the failure of the Supreme Court as an arbiter, and to call the attention of the North to the imprac- ticable demands of the slave-owners. It will be seen that the Northern (or Douglas) Democrats, who had supported the South heretofore, refused at this point to follow the Southern lead further, and chose rather to divide the party. 4. By the representation given by the Constitution tc three-fifths of the slave population, 1 the 300,000 slave- owners had grown into a Slave Power. In 1857 thei Cession was guaranteed only by the State laws which made them propeity Leaving the State they lost the guarantee afforded by State laws. 1 By which the owner of 1,000 slaves was equal in political power to 6ar oo-slave-h jl le rs. 185 7-] The Slave Power. 173 controlled the South, the South controlled the Demo- cratic party, and the Democratic party controlled the Union. They were becoming extremely doubtful of success in the Kansas struggle, where they were evi dently overmatched by the superior power, resources, and enthusiasm of the Free States. They had not received the expected increase of Slave States and United States Senators from the territory wrested from Mexico. 1 - Should they fail in making Kansas a Slave State, they saw but three available courses to pursue to add Cuba to the Union as material for new Slave States, to ac- quire new and more populous territory south of Texas for the same purpose, or to re-open the African slave trade. Failing in all these, they desired a secession, or separation, from the Free States, and the formation of an independent government, in which Slavery would be secured from all attacks or restrictions. 5. The Purchase of Cuba had been vainly at- tempted at various times since the inauguration of President Polk, and a growing disposition was apparent in the South to take it from Spain by force. In 1853, therefore, England and France asked the United States to join in a tripartite agreement to guarantee Cuba to Spain forever. The proposition was rejected. In 1854 1 By forming new Southern States to balance new Northern States, the tvfl isctions were carefully kept in equilibrium until 1845, when Texas was ad- mitted, (See Appendices C and F). After that time five new Northern States were admitted, and others were evidently almost ready for application, whil no new Southern States could be formed to counterbalance them. The con- sequent impossibility of maintaining a future equality in the Senate seems U have been the primary cause of alarm in the South. For the preseat proper bon 10 the Senate see Appendix G. American Politics. ['^Sy the American Ministers to England, France, and Spain, meeting in the Belgian town of Ostend, had published the so-called Ostend Manifesto, which declared that there was no hope of safety or repose for the United States without the acquisition of Cuba. But, so long as England, France, and Spain were united in opposing it, there was little hope for the South in the direction of Cuba. 6. In 1851 began the Era of Filibustering Ex- peditions against Cuba and Central America, with the ultimate design of adding slave territory to the United States. Lopez, a Cuban, with 500 men, sailed from New Orleans to conquer Cuba. He was defeated and executed, and his men imprisoned. In 1855 Wil- iam Walker, of Tennessee, sailed from New Orleans to conquer Central America. He was repeatedly de- feated, but repeatedly renewed his expeditions until 1858, when he was captured by the President of Hon- duras, and shot. This ended filibustering. 7. The re-opening of the African Slave Trade was already seriously demanded by many slave-owners. They believed that the South had been overpowered in the Kansas struggle because of her inability to poui slaves into the new Territory at once. There seemed a strong probability that Southern leaders would en- deavor to obtain from the next Democratic Conven lion a declaration in favor of renewing the slave trad* with Africa. 8. Congress *uet Decpmbei yth, 1857 with a Dem- 1 85 7.] The Lecompton Constitution. 1/3 XXXVth Congress, ocratic majority in both ist Session. branches. 1 In the House James L. Orr, of South Carolina, a Democrat, was chosen Speaker. The debates of this Session were mainly upon the last scene in the Kansas struggle. Governor Walker had succeeded in persuading the Frc State settlers to recognize the Territorial Legislature so far as to take part in the election which it had ordered. - The result gave them control of the Legislature. But a previously elected Pro-Slavery Convention, sitting at Lecompton, went on to form a State Constitution. This was to be submitted to the people, but only votes " For the Constitution with Slavery," or " For the Con- stitution without Slavery " were to be received. Not being allowed in either event to vote against the Con- stitution, the Free State settlers refused to vote at all, and the Lecompton Constitution with Slavery re- ceived 6,000 majority. The new Territorial Legisla- ture, however, ordered an election at which the people could vote for or against the Lecompton Constitution, and a majority of 10,000 was cast against it. 3 9. On the first day of the Session the Republican Congressmen united in publishing a protest against any effort to make Kansas a Slave State against the wish of sier people. The President's Message argued in favor of receiving Kansas as a State under the Le- 1 Senate, 39 Dem., 20 Rep., 5 Kn. N. House, I Dem., 92 Rep., i Kn. N. * But this vote was considered worthless by the advocates of the Lecomptoi Constitution, on the ground that the Territorial Legislature had no power ti rder it. 176 American Politics. [1858. compton Constitution with Slavery, on the ground thai the delegates had been chosen to form a State Const!' tution, and were not obligated to submit it to the peo- ple at all. This view was supported by the Southern members of Congress, and opposed by the Republicans and by a part of the Democrats, headed by Senator Douglas, of Illinois. 1 The Senate passed a bill admit ting Kansas as a State, under the Lecompton Consti- tution. The House passed the bill, with the proviso that the Constitution should again be submitted to a popular vote. The Senate rejected the proviso. A conference committee recommended that the bill of the House should be adopted, with an additional proviso making large grants of public lands to the new State, if the people of Kansas should vote to adopt the Le- compton Constitution. In this form the bill was passed by both Houses, and became law. An attempt was made without success to appropriate public lands to the States for educational purposes. Congress adjourned June ist, 1858. 10. Minnesota had become a State of the Union May nth, 1858. In the case of Kansas the proffered inducement of public lands was a failure, and in Au- gust the Lecompton Constitution was rejected by 10,000 majority. Kansas, therefore, still remained a Territory. In 1859, at an election called by the Territorial Legis- lature, the people decided in favor of another Conven- 1 " It is not satisfactory to me to have the President say, in his Message that that Constitution is an admirable one. That is none of my business, and aone of yours. You have no right to force an unexceptionable Co. stituUcn upof t people." (Douglas, Speech in 1859-] The Harper's Ferry Rising. 177 tion to form a S;ate Constitution. This body met at Wyandot, in July, 1859, and adopted a State Consti- tution prohibiting Slavery. The Wyandot Consti- tution was submitted to the people and received a ma- jority of 4,000 in its favor. 1 1. Congress met December 6th, 1858.* Party con- XXXVth Congress, test at this Session centred ad Session. upon the Homestead Bill, wbxh gave heads of families the right to purchase 160 a-jres of public lands at $1.25 per acre. It was passed by the House, but postponed by the Senate. The bill to appropriate public lands for educational purposes was passed, but vetoed by the President. Congress ad- journed March 3d, 1859. February i4th, 1859, Ore- gon had become a State of the Union. 12. In 1859 some of the extreme Abolitionists de- termined to try the Southern policy of filibustering. John Brown, a native of Connecticut, 2 had gone to Kansas in 1855, and settled in the town of Ossawat- tomie. Here he became so noted as a leader in carry- ing the war into the Pro-Slavery district that rewaro* for his arrest were offered by the Governor and to.- President. He thereupon left Kansas, and in July, 1859, settled at Harper's Ferry, Md., with the desper- ate intention of beginning a general insurrection of the slave race. His family and some of his Kansas asso- ciates were with him. October lyth, having matured ' Party strength was unchanged except that n members of the House no* tasaea as Anti-Lecompton Democrats, and 116 supported the Adnr'nistration 1 He had for som* time lived in ' John Brown's Tract" in N\v York. 12 78 American Politics. [1859 their plans and prepared arms, they seized the town of Harper's Ferry, and the United States Arsenal, with all the arms contained in it. The news created a wild alarm in the South. Virginia and Maryland militia were hurried to Harper's Ferry. After a spirited de- fense, most of Brown's associates were shot, and theii wounded leader and a few others were taken prisoners, tried, and hanged by the State of Virginia. John Brown's execution took place December 2d, 1859. 13. Congress met December 5th, 1859,* with a XXXVIth Congress, Democratic majority in the ist Session. Senate. In the House the Republican vote was the largest, but there was no party majority. Balloting for a Speaker was con- tinued for eight weeks, interrupted by angry debates upon a recently published Abolitionist 2 book called " The Impending Crisis in the South," and upon the Harper's Ferry insurrection. February ist, 1860, Wil- liam Pennington, of New Jersey, a Republican, was chosen Speaker. In the Senate resolutions were at once introduced affirming, in substance, that Congress and Territorial Legislatures had no power to prohibit Slavery in the Territories. They were debated, at in- tervals, for nearly four months, and then passed by a party vote. 14. A most unpleasant feature of this Session was 1 Senate, 38 Dem., 25 Rep., 2 Kn. N. House, 109 Rep., 86 Dem., 13 Atti Lecompton Dem., 22 Kn. N. * The term " Abolitionist" was then one of reproach. It is hardly I ece nuy to say that it is not so used in the text i86o.] The Covode Investigation. 179 the so-called Covode Investigation by a committee of the House. Two members of the House 1 had de clared in debate that they had been offered induce- ments by the Administration to vote for the Lecompton Bill, and a committee of five was appointed, on motion of Covode. of Pennsylvania, to investigate the charge. The President protested against the investigation. Af- ter a tedious investigation of three months the Repub- lican majority reported that the Administration had been guilty of bribing members of Congress and editors of newspapers to favor the Lecompton Bill. The Democratic minority defended and exonerated the President. No further action was taken in the matter. 15 The Homestead Bill, which was passed at the last Session, was again passed by the House. The Senate passed a substitute, to which the House agreed, giving public lands to actual settlers at 25 cents per acre. It was vetoed by the President on the ground that it was unjust to the older States in really giving away lands to the newer States. 2 The application of Kansas for admission as a State under the Wyandot Constitution 3 #as approved by the House, but rejectt'! by the Senate. Consequently Kansas still remained a Territory. Congress adjourned June i8th, 1860. 16. The Democratic National Convention met 1 Hickman and G. B. Adrain. * The Senate substitute seems to have been purposely drawn so as to pro- voke a veto, if possible. The Southern opposition to a Homestead Bill seerr* to have come from the apprehension that it would increase immigration in th North-West, and thus increase the Free State representaf on in the Senate. * Sec i>uc 177. 180 American Politics. [1860 at Charleston, S. C., April 23d, 1860. The proceed- ings were stormy, and resulted in the splitting of the Convention and the party into two distinct fragments, through the refusal of the Northern (or Douglas) Dem- ocrats to agree to the demands of the Southern wing Both factions re-affirmed the strict constructionist plat forms of past Conventions, and declared for a Pacifi Railway and for the acquisition of Cuba. The South ern delegates offered additional resolutions affirming the doctrine of the Dred Scott decision, that neither Congress nor the Territorial Legislatures had a right to prohibit Slavery in the Territories. The Douglas Dem- ocrats, refusing to abandon Popular Sovereignty openly, offered a resolution that the party would abide by the decisions of the Supreme Court. The Convention adopted the Douglas platform, whereupon the delega- tions from many Southern States successively protested and withdrew. The Convention then proceeded to bal- lot fifty-seven times for candidates without a choice, and adjourned to meet again at Baltimore, June i8th. When it re-assembled several new Douglas delegations were admitted, whereupon the few remaining Southern dele- gates also withdrew. The Convention then nominated Stephen A. Douglas, of Illinois, and Herschel V. John- on, of Georgia. 17. The Seceding Delegates had a once organ- iied a new Convention in Charleston, adopted theii platform, and adjourned to meet again in Richmond, Va., June nth. Here they adjourned again, re-as- embled at Baltimore, June 28th, and nominated John r86o.] National Conventions 181 C. Breckinridge, of Kentucky, and Joseph Lane, ol Oregon. The former American (or Know Nothing} party, now calling itself the Constitutional Union Party, held its National Convention at Baltimore, May i gth, and adopted an evasive platform, declaring as its political principles " The Constitution of the country, the Union of the States, and the enforcement of the laws." It nominated John Bell, of Tennessee, and Edward Everett, of Massachusetts. The Repub- lican National Convention met at Chicago, May 1 6th, and adopted a loose constructionist platform. This outspoken document quoted the Declaration of Independence as to the freedom and equality of all men ; denounced Democratic threats of disunion, and Democratic administration in Kansas and at Washing- ton ; declared that freedom was the normal condition of the Territories, which Congress was bound to pre- serve and defend; and pronounced in favor of Protec- tion, Internal Improvements, the Homestead Bill, and a Pacific Railway. It nominated Abraham Lincoln, of Illinois, and Hannibal Hamlin, of Maine. 1 8. Four Parties were now in the field. The Bell platform meant simply to evade the question of Slavery altogether. The Lincoln platform avowed a purpose to exclude Slavery from the Territories at any cost. The Breckinridge platform avowed a purpose to carry Slavery into the Territories at any cost. The Doug- las platform aimed to throw the responsibility of <- decision of the Slavery question upon the Supreme Court, or upon the people of the Territories, or any- where, in short, except upon the Democratic party 1 32 American Politics. [i860 The discordai/t efforts of the three parties opposed tc the Republicans only made Lincoln's election more certain, and at the Presidential Election in No- vember Republican electors were chosen by every Free State but one, 1 giving them a majority of all the elect- oral votes. No candidate had a majority of the popu- 1 ir vote. Breckinridge electors were chosen by most of the Southern States. 19. The South Carolina Legislature, which had met to choose electors, 2 remained in session until Lincoln's election was assured. It then called a State Convex tion and adjourned. The South Carolina Senators and office-holders in the Federal service at once resigned. December 2oth the Convention unanimously passed an Ordinance of Secession, entitled "An Ordi- nance to dissolve the union between the State of South Carolina and other States united with her in the com- pact entitled the Constitution of the United States of America." Copies of this Ordinance were sent to the other Slave States, and commissioners appointed to treat for the division of national property and of the public debt. 20. This bold step of the little State of South Caro- lina, was relied upon, and with good reason, by the dis- tuiionists of the South to " fire the Southern heart," and urge on Secession by other States. Under tha spur of an unwillingness to abandon their smaller sis- ter, other Slave States rapidly came abieast with her Before the end of January, 1861, Georgia, Alabama, 1 New Jersey, where fo ir Lincoln and three Douglas electors we.'c chosct 1 See page 102. i86i.] Secession. Compromise. 183 Florida, Mississippi, Louisiana, and Texas had passed Ordinances of Secession. Tennessee, North Carolina. Arkansas, and the Border States still refused to join their more Southern neighbors. 21. Congress met December 3d, 1860. The Pres XXXVIth Congress, ident's Message stated 2d Session. his inability to find judges or officers in the South to issue or execute process against offenders, and his own opinion, and that of the Attorney-General, that under such circumstances it was impossible legally to compel a State's obedience. The Message argued against the right of Secession much as did Jackson's Nullification Proclamation in 1832. But the latter closed with a warning, to which the known character of its author added convincing force, that blood would flow if the laws were resisted. President Buchanan's Message, on the contrary, summed up the whole matter by saying, in effect, that he knew not what to do, for he did not believe that Congress could constitutionally make war upon a State. 22. It would be wearisome to detail the long list ot propositions for compromise and conciliation with which this Session was chiefly occupied. The one which seemed most likely to succeed was the Critten- den Compromise. 1 Its main provisions were that Slavery should be prohibited nortb of the parallel of 36 30', and recognized and never interfered with b) Congress south of that line, and that the Federal Gov eminent should pay for slaves rescued from officers \fter arrest. These provisions were to be made a part 1 So called fiom its proposer, John J. Crittendc.n, of Kentucky. 1 84 American Politics. [1861 ot the Constitution, and were never to be altered 01 amended while the Union existed. This measure failed to receive the Republican vote, without which the Southern members refused to entertain it. 23. February 4th, 1861, a Peace Congress, com posed of delegates from 13 Free and 7 Border States met at Washington at the request of the Virginia Leg islature. It adopted and reported to Congress a num- ber of resolutions making various concessions to South- ern demands. Congress threw all these aside, and passed, as a substitute, an Amendment to the Consti- tution proposed by Senator Douglas, which forbade Congress ever to interfere with Slavery in the States. 1 24. While these measures were being uselessly de- bated, the work of Secession was pressed with energy and ability. Time which should have been spent in making the Federal Government ready to assert its supremacy was wasted in dallying with theoretical cures for incurable evils. Even during the debates the occasional farewells and departures of Southern Sen- ators and Representatives would announce that anothei State had seceded without waiting to be conciliated. In February, 1861, a Convention of delegates from the seceding States met at Montgomery, Ala., and formed a government called the Confederate States o! America. Its organization was a tribute to the ex- cellence of the Constitution of 1787, for it mainly copied that instrument, except that it recognized Slav- ery, ana forbade Protective Tariffs. Jefferson Davis, I This Amendment vas never adopted by the necessary number of State* 1 86 1.] The Confederate. States. i8j of Mississippi, and Alexander H. Stephens, of Georgia were chosen President and Vice- President. A Cabine was at once appointed, and arrangements were hastily made to organize an army, navy, and treasury. United States forts, arsenals, and arms were seized, and bat- teries were prepared for the reduction of the forts which resisted, particularly Fort Sumter, in Charleston Harbor. 25. As soon as a sufficient number of Southern members of Congress had withdrawn to give the Re- publicans a majority in both Houses, Kansas was ad- mitted as a State under the Wyandot Free State Con- stitution, and the Territories of Nevada, Colora- do, and Dakota were organized without mention of Slavery, thus giving the South the benefit of the Dred Scott decision therein. The so-called Morrill Tariff of 1861 was also passed by both Houses and became law. Its great object was the protection of manufact- ures, revenue being a secondary consideration. 1 In February, 1861, the electoral votes were counted, and were found to be, for Lincoln and Hamlin 180, for Breckinridge and Lane 72, for Bell and Everett 39, and for Douglas and Johnson 12. Lincoln and Hamlin were therefore declared elected. After au- thorizing a loan and an issue of Treasury notes, this dismal Session of Congress adjourned March 3d, 1861, and March 4th Lincoln and Hamlin were sworn into office. 1 From this time the subject of Internal Improvements drops out of politics Both parties appear to recognize the right of Congress to appropriate monej for isolated public improvements, and the project of a connected system c4 Canals, etc , has not yet been formally revived. CHAPTER XX. NINETEENTH ADMINISTRATION, 1861-1865. Abraham Lincoln, President. Hannibal Hamlin, Vice-President XXXVIIth and XXXVIIIth Congresses. Popular vote for President in 1860: Rep. 1,866,352, Const. Union 589,581, Dem. 2,220,920 (Dougla* 1,375^ 57> Breckinridge 845,763). i. WHEN the New Administration entered office affairs seemed almost desperate. Seven States had al- ready revolted, and others were notoriously ready to join them upon the first attempt to exert the National authority. Part of the Federal army had surrendered, and most of the remainder were beleaguered in isolated forts. The Federal ships of war had generally been sent to distant seas. Many of the experienced officers ^1 the army and navy had taken service under the re bellious Confederacy. A large part of the Federa munitions of war, having been previously transferred to Southern arsenals, had fallen into the hands of the in- surgents. The Federal Treasury, by defalcation and peculation, was nearly bankrupt. The public servants 186 1 86 1.] Civil War. 187 like those of a dying king, seemed anxious only to se- cure as much plunder as possible and decamp. In the South the numbers of those who desired a permanent Southern Confederacy were being increased daily by accessions from those who had at first intended only to remain out of the Union long enough to secure guarau tees for the future safety of Slavery. And yet men of all parties in the North, blind to the certainty of ap- proaching war, were still busied with plans to conciliate the revolted States by any concession except that of nationalizing Slavery. 2. The announced purpose of the President to re- supply Fort Sumter precipitated an attack upon it by the rebel forces around it. After a bombardment of thirty hours, the American flag, for the first time in its history, was lowered under the fire of insurgent citi- zens, and the fort surrendered, April i4th, 1861. The new? woke the North as if from a trance. The mass of the Democracy were even more furious than the Re- publicans. The Southern States were no longer ' err- ing sisters," to be gently conciliated. The whole North clamored for arms, for leaders, for legal authorization to bring the South back to law, order, and obedience, at the point of the bayonet. 3. Civil "War had fairly begun. For the first time the government, in time of war, was under the control of a loose constructionist party, for the war Democrats soon became absorbed into the Republican organiza- tion, and the resulting f ision frequently took the name of the Union Party. The experiment was hazard 1 88 American Politics. [1861 ous. In previous wars the Democratic party, though trammeled by its strict constructionist theories, had been driven to strain the Constitution to conform to the necessities of the hour. But the sobering responsibili- ties of power, and the active (though often ill-timed opposition of the Peace Democrats, checked the loose constructionist theories of the dominant party, and brought the Constitution through a dreadful struggle ol four years with less change than might have been an- ticipated. 4. The President at once called for 75,000 volun- teers, and called an Extra Session of Congress. Through the spring of 1861 the State governments of Virginia, North Carolina, Tennessee, and Arkansas, which had hitherto refused to secede, followed the same general line of action. Military Leagues were made with the Confederacy ; Confederate troops were then allowed to swarm over their territory and finally, by their aid and countenance, Ordinances of Secession were passed. Efforts to carry out this plan in Delaware, Maryland, Kentucky, and Missouri, were not successful. By the time set for the meeting of Congress the line had been distinctly drawn, and the rebellion was general in the States of Virginia, North Carolina, Sou^h Carolina, Georgia, Florida, Alabama, Mississippi, Louisiana, Texas, Arkansas, and Tennes- see. 1 ' About 40 Counties of Western Virginia refused to be bound by the actiot ol the rest of tbe State, and formed a Legislature which claimed to be th real Legislature of Virginia. This body gave the assent t^-\uired by the C i86i.J War Measures. i8c, 5. Congress met July 4th, 1861, with a Republican KXXVIIth Congress, majority in both branches. Extra Session. Only the Free States and the Border States were represented. In the House Galusha A. Grow, of Pennsylvania, a Republican, waa chosen Speaker. In the Senate three Senators, who had absented themselves to take part in the rebellion were expelled. The House voted to consider at this Session only bills concerning the military, naval, and financial operations of the Government. The energy of the proceedings was only stimulated by the disas trous battle of Bull Run, July 2ist. Bills were passed by both Houses to close the Southern ports against commerce, to authorize a loan, to appropriate money for the army and navy, to call out 500,000 volunteers, to define and punish conspiracy against the United States, and to confiscate all private property, including slaves, employed against the United States. The Tariff Act of August 5th, 1861, again increased the duties on imports. The House, by a heavy majority (121-5), pledged itself ID vote any amount of money and any number of men necessary to put down the rebellion. Propositions looking to negotiations for peace were constantly offered by extreme Democrats, and as constantly voted down by heavy majorities on the ground that negotiation with armed rebellion was titution to the formation of a new State, at first called Kanawha, afterwardi West Virginia. Congiess recognized their right to do so, and admitted the Bew State in 1862. 1 Senate, R'-.p 31, Dem. it, Union 5. House, Rep 106, Dem. 42, Unto* 8. 190 American Politics. [1861 unconstitutional. Congress adjourned August 6th 1861. 6. From the beginning of the war the Federal Gov- ernment was embarrassed by the question of Fugitive Slaves. August 3ist General John C. Fremont had declared the slaves of Missouri rebels free men, but his was overruled and annulled by the President. In Virginia General Benjamin F. Butler had announced that slaves were " contraband of war," and consequent- ly liable to confiscation by military law. Elsewhere in the Federal lines slave-owners, on proving property were generally given possession of their fugitive slaves The disposition of the North was to put down the rebellion, without any interference with the Southern "institution" of Slavery. But it was plain that any long continuance of the rebellion would inevitably rouse the temper of the Free States, and provoke hos- tility to Slavery itself. 7. Congress met December 2d, 1861. Slavery an** XXXVIIth Congress, The Prosecution of ist Session. the 'War occupied the Session. Bills were passed by both Houses to punish reason, to free slaves employed against the Govern- ment, to provide for the construction of a Pacific Rail- way and Telegraph, and to donate public lands to the various States for the benefit of Agricultural Colleges. The army was forbidden to surrender fugitive slaves. The Homestead Bill 1 was brought up again and passed. Provision \\ as made for the United States 1 Sty page 170. 1 862.] Emancipation. 191 representation by consuls in the negro states of Hayt.i and Liberia. A stringent form of oath ' was prescribed, to be taken by United States officials and beneficia- ries. The Act of February 25th, 1862, provided for a legal tender National Paper Currency (common- ly called "greenbacks"). It more than took the place of the favorite measure of the Federalists and Whigs, a National Bank. Most of these measures were passed by party votes. The Tariff Act of De- cember 24th, 1861, again increased the duties on im- ports. Congress adjourned July i7th, 1862. 8. During the summer of 1862 the President at last determined to use Slavery itself as a means either of coercion or of punishment. By proclamation, there- fore, September 22d, 1862, he warned the revolting States that, unless they should return to their alle- giance by January ist, 1863, he would, as an act of military necessity, declare the slaves in those States to be free men. As this proclamation had no effect, he issued his Emancipation Proclamation, Jan- uary ist, 1863, in the terms previously announced.* The two years of civil war had so developed anti- slavery feeling in the North that the Emancipation Proclamation excited no such opposition as would have met it if proposed in 1861. Nevertheless, it caused a temporary falling off in the Republican vote. 1 Commonly called the " Iron Clad Oath." 2 It did not apply to the slaves in States not in rebellion, nor* to the por- tions of rebellious States then conquered. For these an Amendment to th Constitution was necessary (see p. 195). 192 American Politics. [1863, 9. Congress met December ist, 1862. Under the XXXVIIth Congress, pressure of Military 2d Session. Necessity the Acts of this Session were based upon a looser construction of the Constitution than those of the previous Ses- sion. An Act was passed to legitimate the suspen- sion of the writ of Habeas Corpus. A Draft or Conscription Act, more sweeping than that proposed in 1814,' was adopted. It provided that a part of the able-bodied citizens should be drawn by lot for service in the army. 2 Land grants were made to Kansas, and the Secretary of the Treasury was authorized to obtain further loans. Appropriations for this year amounted to about $972,000,000. Congress ad- journed March 3d, 1863. West Virginia had become a State of the Union, December 3ist, 1862. 10. By the Writ of Habeas Corpus, in sub- stance, an imprisoned person obtains an examination before the courts and a release, if his imprisonment is shown to be without warrant of law. Its Suspen- sion was considered necessary on account of the num- ber of Northern courts disposed to resist military arrests of suspected persons. It is certate, however, that the summary arrests and imprisonments in United States forts, the seizures of newspapers, and the dispersions of public meetings, which followed the suspension of the writ of Habeas Corpus, did much to increase the opposition vote for a time. The month of July, 1863, 1 See p. 78. 1 863 ] Tht, Draft. Revenue Laws. \ 93 was notable for the sickening scenes of the thiee days' Draft Riot in New York City, originating in resist- ance to the Conscription Act of the last Session. It was forcibly suppressed, and the draft was carried out. 11. Congress met December yth, 1863, with a Re- XXXVIIIth Congress, publican majority in both ist Session. branches. 1 In the House Schuyler Colfax, of Indiana, a Republican, was chosen Speaker. Both Houses passed the Internal Rev- enue Law, for the collection of a revenue from do- mestic manufactures, etc., the Income Tax Law, levying a tax of five per cent, on incomes over $600, and the National Bank Law, creating a system of banks to take the place of State banks. The Draft and Homestead Laws were amended and strengthened, and the Fugitive Slave Law of 1850 was abolished. A proposed XHIth Amendment to the Constitution abol- ishing Slavery was adopted by the Senate, but did not receive a two-thirds majority in the House. Congress adjourned July 2d, 1864. 12. A Convention of Radical Men, who consid- ered President Lincoln timid and irresolute, and who wished to deal with rebellion and rebels more harshly, met at Cleveland, Ohio, May 3ist, 1864, and nomi- nated John C. Fremont, of California, and John C Cochrane, of New York. 2 The Republican Na- tional Convention met at Baltimore, June ;th, and 1 Senate, 36 Rep., 14 Dem. House, 102 Rep.. 75 Deri., 9 "Border Statt men." * They afterwards withdrew in favor of the Rejubhca i candidates. 194 American Politics. [1864 adopted a platform declaring war upon Slavery, and demanding that no terms but unconditional surrendei should be given to the rebellious States. It nominated Abraham Lincoln, of Illinois, and Andrew Johnson, of Tennessee. 1 The Democratic National Conven- tion met at Chicago, August 29111. It came under th control of the Peace Democracy, 2 and declared ir. its platform that it was the sense of the American people that, after four years of failure to restore the Union by war, during which the Constitution had been violated in all its parts under the plea of military necessity, a cessation of hostilities ought to be obtained. It nom- inated George B. McClellan, of New Jersey, and George H. Pendleton, of Ohio. 13. The Democratic party was thus committed to the declaration that the war was a failure. This drove the doubtful votes into support of the Republican can- didates, and assured their success. In the Presiden- tial Election in November Republican electors were chosen by all the States not in rebellion, except New Jersey, Delaware, and Kentucky. The members chosen to the XXXIXth Congress were also over whelmingly Republican. 14. Congress met December 6th, 1864. In Fcb- XXXVI7 T th Congress, ruary, 1865, the Ilouar 2d bession. finally passed the Xlllth 1 Johnson's nomination was exactly parallel with that of Tyler by th Whigs. Both were Strict Constructionists by nature, temporarily adrift with- out a party, and offered by the loose constructionist party a pUce rather o: honor than importance, to secure Opposition vot~s. 2 Called by the Union party ' Copperheads," from a ell-known Northm make. 1865.] The Abolition cf Slavery 195 Amendment which had failed at the last Session to receive a two-thirds majority. 1 It was modeled on the language of the Ordinance of 1787,2 which thus, after a struggle of nearly eighty years, became the law of the land. A Joint Resolution was passed by both Houses, declaring that the rebellious States were in uch condition that no valid election had been held in them for electors, and that no electoral votes from them should be counted. The electoral votes were counted, and were found to be for Lincoln and Johnson 212, and for McClellan and Pendleton 21. Lincoln and Johnson were therefore declared elected. At this Session the Freedmen's Bureau Bill was passed. It organized a bureau for the protection of freedmen and refugees from the South. March 3d, 1865, Con- gress adjourned, and March 4th Lincoln and Johnson were sworn into office. V 1 This was ratified by three-fourths of the States, and was proclaimed to b in force, December i8th, 1865. * See page 193. This provision of the ordinance of 1787 hdbeen imitated b 1820 (Missouri) and in 1846 (Wilmot Proviso). CHAPTER XXI. TWENTIETH ADMINISTRATION, 1865-1869. Abraham Lincoln, President. Andrew Johnson, Vice-P) esident XXXIXth and XLth Congresses. Popular vote for President in 1864: Rep, 2,216,067 Dem. 1,808,725. 1. THE gentleness, kindliness, and greatness of mind of President Lincoln were just beginning to win general appreciation when he fell by assassination, April 1 4th, 1865. The rebel army of Northern Vir- ginia had previously surrendered, and the other rebel armies rapidly followed its example. On the death of President Lincoln, Andrew Johnson succeeded to his office, and to his difficult task, the reconstruction of the rebellious States. 2. The Constitution had made no provision foi the reception of a State which had formally claimed the right to secede, and renounced its membership in the Union. To admit them at once to their former posi- tion would have been to give the negro race to the -.ontrol of their former masters. The claims of thf 196 1865.1 Reconstruction. 197 negroes to security in tl.eir lately granted freedom seemed to the mass of the Northern people superior to all theoretical arguments on the relations of the States to the Federal Government. They believed that the rebellious States should be kept in a position approach- ing that of Territories, until Congress should be satis- fied of the safety of the negroes and re-admit them to the Union. 3. To President Johnson, a Strict Constructionist by nature, the idea that a State could be punished foi treason by a Federal Congress was incomprehensible. His Policy of Reconstruction was to punish in- dividuals, if necessary, for treason, but to re-install the States at once in all the powers held by them before rebellion, and this policy he endeavored to carry out by successive Proclamations. He declared all the South- ern ports open to commerce, except four in Texas. He proclaimed amnesty and pardon to all persons en- gaged in the rebellion, except fourteen classes of lead- ers, who were to make special applications for pardon. He restored the writ of Habeas Corpus in the Northern States, and appointed Provisional Governors for the rebellious States, with the purpose of organizing per- manent governments as soon as possible. 4. The Republican State Conventions of 1865 generally approved the President's policy, so far as it had been developed, but stipulated that the Southern States should be held under provisional governments until they should recognize and accept the results of the war, including the freedom and protection of th 198 American Politics. [1865 negroes. Unfortunately, the license of camp life had left many of the Southern whites with but slight dispo sition to live on terms of political equality with the former slaves. Cases of outrage became common, so that the new Congress, which was overwhelmingly Re publican, came together with a fixed determination tc protect the negroes at any cost. The party leaders seem to have been suspicious of President Johnson's willingness to disregard " State Rights " in assisting them. 5. Congress met December 4th, 1865, with a Re- XXXIXth Congress, publican majority in both ist Session. branches, 1 sufficient, if nec- essary, to carry any bill over the President's veto. In the House Speaker Colfax was re-elected. In Febru- ary, 1866, the First Freedmen's Bureau Bill was passed by both Houses. It aimed at the protection and assistance of the freedmen at the South. It was vetoed by the President on the grounds that it provided for unlimited distribution of lands to freedmen, that it tended to keep the minds of the negroes restless and uneasy, and that it had been passed by a Congress which was without representatives from the Southern States. An effort to pass the bill over the veto did not receive the full party vote, and consequently did not obtain a two-thirds majority. It was now evident that there was at least a disagreement between the Presi dent and the party which had elected him. 6. An open rupture followed the passage of the ' Senate, 40 Rep., u Dem House, 145 Rep., 40 Dem. 1 866.] The Civil Rights Bill. 195 Civil Rights Bill in March. It was designed to make freedmen citizens of the United States, 1 (with the right to sue and be sued, to make contracts, etc.), and to punish by fine and imprisonment any person inter fering with those rights. It gave Federal courts ex elusive cognizance of offenses against the Act, an Federal officers the power of arresting and holding of- fenders to bail. The bill was vetoed. The reasons given were that it gave Federal citizenship to 4,000,000 human beings just released from bondage; that it at- tempted to give the law where the States had their own rights ; that it overrode the State courts, and created a swarm of Federal officials charged with the power of arrest for the discriminating protection of the black race. The bill was passed over the veto and became law. 7. For the purpose of securing the principle aimed at in the Civil Rights Bill by making it a part of the Constitution, both Houses adopted the XlVth Amendment in June. 2 The President informed Con- gress of his disapproval of it. A Homestead Bill was passed, applying previous Homestead Bills to pub- lic lands in the South. It was agreed by both Houses that no delegation from any of the States lately in re- bellion should be received by either House until both Houses should unite in declaring such State again a member of the Union. ' But this did not carry the right to vote. For that, another Amendment was necessary. * Ratified by vrr-^-fourths of the States and declared in force July 23t tftt. 2OO American Politics. [1866 8. In July the Second Freedmen's Bureau Bill was passed by both Houses. It continued the bureau for two years, provided for selling lands to the freedmen at a low rate, reserved the property of tnc &te Confederate Government for their education, and ordered the President to give military protection to the negroes whenever they were molested. It was vetoed by the President. The reasons given were that it gave the President too much power; that the civil courts were perfectly able to do all that the bureau aimed at in the way of protection ; and that the bureau had be- come a political machine, by which the negroes were used for the personal advantage of its officers. The bill was passed over the veto and became law. After reducing the army and the revenue tax, and reviving the grade of General of the Army, Congress adjourned July 28th, 1866. 9. The Conflict between the President and the Republican majority had now become open and angry. The Republican National Committee expelled its chairman and two of its members, who had sided with the President. It also issued an Address to the Party, denning the issues between Congress and the President. It called the attention of the people to the fact that the Constitution made no provisions for tits treatment of insurgent States forcibly reduced to obedi ence, 1 and claimed that the Republican plan for tiding 1 But this "break " would have been of little importance, but for the legacj 'sft by Slavery) the freedmen. This was the element of the question whicl taused the trouble, and not th; defect in the Constitution. 1 866. ] The President and Congress. 2O1 over this obstacle was wise and honest, inasmuch as it would " give loyalty a fair start." It asserted that, un- der the President's plan, the whites lately in rebellion would seize the reins of power, reduce the blacks to real slavery under some plausible name, and retair representation for them, while denying their political rights. 10. Congress met December 3d, 1866. The conflict XXXIXth Congress, between the Legislative and ad Session. the Executive was renewed at once. The first bill of the Session, giving negroes the right to vote in the District of Columbia, was vetoed and passed over the veto. Early in the Session a Res- olution to impeach President Johnson was adopted by the House, and a committee appointed to take testi- mony. But upon their report the House decided that the grounds of impeachment were not sufficient, and thus this resolution was finally lost. 11. The main feature of this Session was a persistent effort to Limit the President's Power, originating in the fear that he designed some attack upon the privileges, or perhaps the existence of the Legislative. In January, 1867, a bill was passed which took from the President the power given by the Act of July, 1862, to proclaim general amnesty. 1 Provision was made foi the meeting of the XLth and all succeeding Congresses immediately after the adjournment of the preceding 1 The President denied the right of Congress to do so, and proceeded t issue father Proclamations of Amnesty, claiming the right under the Const* fctttCM. 2O2 American Politics. Congress. Authority was given to the clerk of the House, before its meeting, to make out a roll of regu- larly elected members, who alone should take part in the organization of the House. 2 The Army Appro- priation Bill was passed with a "rider" which took from the President the command of the army by pro- viding that his orders to it should only be given through the General of the Army, who should not be removed without the previous approval of the Senate. It also disbanded all the militia of the States lately in rebellion. The President informed Congress that he signed the bill that the appropriation might not be lost, but that he protested against the " rider," because it deprived him of the command of the army, and eleven States of their militia, both of which were guaranteed by the Constitution. 12. In February a bill for the admission of the State of Nebraska was passed over the veto. It provided that the new State should never deny the right of vot- ing to any person because of his race or color. Bills were also passed to give Federal courts the power to issue writs of Habeas Corpus when any person was de- prived of liberty. 13. March ad, 1867, the Bill to Provide Efficient Governments for the Insurrectionary States was passed over the veto. It embodied all the claims 1 This was done by tb e XLth Congress, but abandoned after President Johnson's term of office. * To prevent llic oigtiuzation of any pseudo-Congress by Northern Pemo crats and Southern claimants of admission. Fortunately, this arrangement "las not yc* reused any dispute as to the organization of the House. r867-] The Reconstruction Bill. 203 of Congress to control the re-admission of the Southern States. It divided them into military districts, eaa. under the government of a Brigadier-General, who should protect the rights of all persons. Each State was to remain under this military government until a State Convention, chosen without regard to race or color, should form a State government and ratify the XlVth Amendment. When this should be done Con- gress engaged to re-admit the State to the Union. 14. The same day the so-called Tenure of Office Bill was passed over the veto. It reversed all previ- ous legislation upon the doubtful point of the Presi- dent's power to remove officials without the consent of the Senate. Hitherto, from the time of the 1st Con- gress, it had been held that the consent of the Senate was necessary in making an appointment, but that the power of removal was wholly in the President. Under this interpretation it was feared that there would be a wholesale removal of public officials after Congress should adjourn. This bill provided that civil officers should hold office until their successors should qualify ; that the Cabinet should hold over the President's term of office, and should only be removable with the Sen- ate's approval ; that, while Congress was not in session, the President might suspend (not remove) any official , but that if the Senate at its next session did not concur in the suspension the suspended official should resume his office ; and that the President might fill any vacancy by death or resignation while Congress was not in ses- sion. Every removal, appointment, or acceptance ol 204 American Politics. exercise of office contrary to the provisions of this was declared to be " a high misdemeanor," x and pun- ishable by fine and imprisonment, or both. Congress adjourned March 3d, 1867. Nebraska had become a State of the Union March ist. 15. Three Extra Sessions of Congress were XLth Congress, held this year. The first met Extra Sessions. March 4th, and adjourned March 3oth, 1867. The second met July 3d, and adjourned July 2oth. The third met November 2ist, and ad- journed at the opening of the first Regular Session. The Republican majority in both branches was con- tinued, and, though slightly reduced, was sufficient to overrule the veto, if necessary. 2 In the House Speaker Colfax was re-elected. These almost continuous Ses- sions were mainly for the purpose of keeping a check upon the Southern policy of the President. The work of reconstruction by Congress had been fully laid out by the last Session. It was only necessary for this Ses- sion to secure its accomplishment. 1 6. Congress met December 2d, 1867. The princi- XLth Congress, pal topic of interest at this Session ist Session. was the train of events which led o the impeachment of the President. August 5th, 1867. he had notified Edwin M. Stanton, Secretary of War, whom he particularly disliked, that " public considerations of a high character " compelled him to ask the Secretary to resign. Stanton ironically replied 1 Apparently with a view to future impeachment. Senate, Rep 40 Dem. 14. He use, 138 Rep, 47 Dem. 1 868.] Impeachment of the President. 2OJ that " public considerations of a high character " forbade him to resign. He was therefore suspended, under the provisions of the Tenure of Office Bill, until Congress should meet, and the General of the Army, U. S. Grant, was appointed Secretary of War ad interim. Stanton protested that he denied the President's right to remove him, but would yield to superior force. 17. January i4th, 1868, the Senate refused to agree to Stanton's removal. General Grant at once aban- doned the office, and Stanton again took possession. The President now determined to disobey the Tenure of Office Bill, and force an issue with Congress. Feb- ruary 2ist he again removed Stanton, and appointed General Lorenzo Thomas in his place. The same day the Senate voted that the removal was illegal. General Thomas, however, accepted the appointment, and gave Stanton notice to quit. Stanton held to his office, and sent the notice to the Speaker of the House. Thereupon the House, February 24th, resolved that the President be Impeached before the Senate for high crimes and misdemeanors. 18. March 5th The Trial of the Impeachment was begun before the Senate sitting as a Court of Im- peachment, with Chief Justice Chase, of the Supreme Court, in the chair. The Articles of Impeachment were mainly for violation of the Tenure of Office Bill. During the early part of the trial the President made a tour of the North and West, and in many passionate speeches to the crowds which met him denounced the XLth Congress as " DO Congress," referring to its re- 206 Amcricin Politics. [1868 fusal to admit the delegations from Southern States. The House made these and other imprudent utterance! the basis of additional Articles of Impeachment. 19. The trial lasted until May i6th, when three of he main Articles were voted on. The vote stood 35 for conviction and 19 for acquittal, 5 Republican Sena- tors voting with 14 Democrats for acquittal. It was thus apparent that there was not a two-thirds majority for conviction. The Senate, therefore, not waiting to vote on the remaining Articles, adjourned sine die, and the trial was abandoned. Chief Justice Chase directed a verdict of acquittal to be entered, and Stanton re- signed his office. Congress adjourned July 2yth, 1868. 20. The Presidential contest between the two parties naturally turned upon the right of Congress to fill the gap in the Constitution, and lay down rules for the re- admission of the revolting States. Its right to do so was inferred by the loose constructionist party, and de- nied by the strict constructionist party. The Repub- lican National Convention met at Chicago, May 2oth, 1868, and adopted a platform holding that the Southern States had abandoned and lost their positions in the Union by seceding, and could only be re-ad- wutted on terms satisfactory to Congress. It approved he terms offered, and declared that it was the business of Congress to protect equal suffrage in the South. It nominated Ulysses S. Grant, of Illinois, and Schuyler Colfax, of Indiana. The Democratic National Convention met at New York City, July 4th, and adopted a platform demanding that the Southern States r868. Presidential Election. 207 should immediately and unconditionally be given the representation in Congiess and the power of self-gov- ernment guaranteed by the Constitution, and that the regulation of suffrage should be left to the States. It nominated Horatio Seymour, of New York, and Francis P. Blair, of Missouri. 21. At the Presidential Election in Novernbei Democratic electors were chosen by New York, 1 Ne\f Jersey, Oregon, and by five Southern States. All the other States which were allowed to vote 2 chose Repub- lican electors. As the issue between the parties was distinctly made, the result of the election would seem to settle the rule that any State which formally casts off allegiance to the Federal Government, and is com- pelled to submit, must be re-admitted by Congress in much the same manner as a Territory applying for ad- mission as a State. 22. Congress met December yth, 1868. There was XLth Congress, little party contest at this Session. 2d Session. In February, 1869, the electoral votes were counted, and were found to be, for Grant and Colfax 214, and for Seymour and Blair 80, if the vote of Georgia were allowed, and 71 without it. As the vote of Georgia did not affect the result the ques- ion was left undecided. Grant and Colfax were herefore declared elected. February 26th the XVth Amendment to the Constitution, guaranteeing the 1 Alleged to have been carried by frauds in New York City. * Virginia, Georgia, Mississippi, and Texas had not yet complied witk th* conditions of Congress and bien re-admitted. 208 American Politics. 1869 right of suffrage, without regard to race, color, or pre- vious condition of servitude, was adopted by Congress. 1 March 3d, 1869, Congress adjourned, and March 4th Grant and Colfax were sworn into office. 1 Ratified bx three-fourths of the States, and declared in force U&rck jotfc CHAPTER XXII. TWENTY-FIRST ADMINISTRATION, 1869-1873. U. S. Grant, President. Schuyler Colfax, Vice-President. XLIst and XLIId Congresses. Popular vote for President in 1868 : Rep. 3,015,071, Dem. 2,709,613. i. CONGRESS met March 4th, 1869, with a Republi- XLIst Congress, can majority in both branches. 1 Extra Session. James G. Elaine, of Maine, a Republican, was chosen Speaker in the House. The principal business of the Session was the confirmation by the Senate of the new President's nominations to positions in the Cabinet, 8 and debate as to Missis- sippi, Texas, and Virginia, which had not yet ratified the XlVth Amendment or been reconstructed. April loth a bill was passed authorizing the people of these 1 Senate, 58 Rep., 10 Dem., 8 vacancies ; House, 149 Rep., 64 Dem., 25 vacancies. Mississippi, Texas, Virginia, and Georgia were not represented. a Except that of A. T. Stewart, of New York, as Secretary of the Treasury. He was ineligible by statute, being engaged in commerce, and his name was withdrawn. 14 209 2io American Politics. [1869. States to vote upon the constitutions already prepared for them by State conventions, and to elect State offi- cers and members of Congress. A new condition, however, was imposed upon their ultimate re-admis- sion ; their Legislatures were required to ratify the XVth as well as the XlVth Amendment. Congress adjourned April loth. During the year the Supreme Court, in the important case of Texas v. White, 1 rendered a decision sustaining Reconstruction by Congress. The Court held that the ordinances of secession had been absolutely null ; that the seced- ing States had never been " out of the Union ; " that they had, however, during and after their rebellion, no State governments " competent to represent the State in its relations with the National Government ; " and that Congress had the power to re-establish the broken relations of a rebellious State to the Union. 2. Congress met December 6th, 1869. The Presi- XLIst Congress, dent's Message announced that ist Session. Virginia had fulfilled the condi- tions precedent to recognition. Before the close of the Session, Mississippi, Texas, and Georgia had also fulfilled the conditions, and the formal work of Re- construction was completed by the re-admission of the last-named State in July, iSyo. 3 The ratifications * 7 Wall., 700. a Tennessee was re-admitted July 24th, 1866, and Arkansas June 22d, 1868. The Act of June 25th, 1868, provided for the admission of North Caro- lina, South Carolina, Louisiana, Georgia, Alabama, and Florida, as soon as they should have fulfilled the conditions imposed by the Acts of March, 1867 (see p. 203) ; and these States (except Georgia) were successively admitted 1870.] Reconstruction. 21 1 of the XVth Amendment by these States made it a part of the Constitution, 1 and a bill was passed to en- force it by making penal any interference, by force or by fraud, with the exercise of the right of suffrage as extended by the Amendment, and by authorizing the President to use the army to prevent violations of the 1 Act. An Act was also passed to amend the naturali- zation laws ; it made it penal to obtain, use, dispose of, or register or vote upon a false or fraudulent cer- tificate of naturalization, authorized the appointment of Federal supervisors of elections, in cities of over 20,000 inhabitants, with the power of summary arrest for any offence committed in their view, and extended the privilege of naturalization to alien Africans. Con- gress adjourned July i5th, 1870. At the December Term of 1869 the Supreme Court had decided that the action of Congress in 1862, in giving a legal- tender character to the paper currency, 2 was uncon- stitutional. In March, 1870, after the complexion of the Court had been changed by the appointment of two new Justices,' the legal-tender question was again without further legislation. Virginia, as above stated, was re-admitted Jan- uary 25th, 1870, Mississippi February 23d, 1870, and Texas March soth, 1870. Georgia, after a partial re-admission, had declared negroes incapable of hold- ing, office ; the State was therefore admitted by special Act, July isth, 1870, after revoking her objectionable action and also ratifying the XVth Amend- ment. 1 See p. 208. 2 See p. 191. Chief Justice S. P. Chase, who delivered the opinion, had been Secretary of the Treasury in 1862, but had not originated the legal-ten- der feature of the currency. 3 One was a new appointment under a law creating an additional Justice' ship ; the other was appointed in place of a Justice who had resigned. 212 American Politics. [1870. introduced in another case, and the previous decision was reversed by the votes of the two new Justices. 3. The Reconstruction Acts of March, 1867, had prohibited persons disabled from holding office by the XlVth Amendment, as it was then proposed, from taking part in the State conventions held under the Act ; and this disability had been extended and per- petuated in the new constitutions of some of the Southern States, particularly South Carolina, Louisi- ana, and Arkansas, by prohibiting the exercise of the suffrage by any person still under disability to hold office by the XlVth Amendment. Shortly before the Presidential election of 1868 it appears that a secret, oath-bound organization was formed in North Caro- lina under the name of the Ku Klux Klan, 1 mainly composed of persons under disabilities, and having for its object the terrorizing of white and colored Republican voters by murder, maiming, or whipping. The organization spread rapidly into other Southern States, but naturally found *its most congenial loca- tion in the three States above named. Throughout the summer of 1870 a Senate committee took evi- dence on the subject, which convinced the Republi- can majority that "the issue between government and anarchy " in the South was fairly presented. The Democratic minority, while it deplored the "de- testable and wicked outrages" which it had found, believed that their number had been grossly exagger- ated for political purposes. 1 Otherwise known as "The Invisible Empiie " or "White League." 1 87 1.] San Domingo. 213 4. Congress met December 5th, 1870, and in Jan- XLIst Congress, uary, 1871, by the admission 2d Session. of the Georgia members, all the States were represented in Congress for the first time since December, i860. 1 The President's mes- sage dealt largely with a project for annexing to the United States the West Indian Republic of San Domingo, or Dominica. A treaty for that purpose had been negotiated between the Presidents of the two Republics, September 4th, 1869, but had been re- jected by the Senate at its last Session ; and President Grant now suggested an annexation by joint reso- lution, as in the case of Texas, 2 which would require only a majority vote in the Senate. A joint reso- lution was passed authorizing the President to appoint three commissioners to examine the condition of San Domingo and the desires of its people for or against annexation. An Act was passed to enforce the XVth Amendment ; it extended the powers of Federal su- pervisors, marshals, and deputy-marshals over elec- tions and registrations, gave Federal Circuit Courts exclusive jurisdiction over all cases arising under the Act, and empowered them to punish any State officer who should proceed in such cases in contempt of their jurisdiction. A Senate committee was appointed to investigate the condition of the Southern States, and 1 Congress was now divided politically as follows : Senate, 61 Rep., 13 Dem. ; House, 172 Rep., 71 Dem. 3 To this it was objected that only a State could be annexed by joint reso- lution, and that a Territory, as San Domingo was intended to be, could be acquired only by treaty, if at all. 214 American Politics. [1871. Congress adjourned, March 4th. 1871. During this year the long standing Alabama Claims of the United States upon Great Britain, arising from the depredations of Anglo-rebel privateers, were referred to arbitration by the Treaty of Washington of May 8th, 1871.' 5. Congress met March 4th, 1871, "with a Republi- XLIId Congress, can majority in both branches. 3 Extra Session. In the House, James G. Blaine, of Maine, a Republican, was chosen Speaker. The main business of the Session was the appointment of a committee of seven Senators and fourteen Repre- sentatives to inquire into the condition of the late insurrectionary States, 4 and the passage of a very sweeping Act to enforce the XlVth Amendment. 5 This Act allowed suit in Federal courts by the party injured against any person who should in any way deprive another of the rights of a citizen ; it made it a penal offence to conspire to take away from any person the rights of a citizen ; it provided that in- ability, neglect, or refusal by any State to suppress such conspiracy, to protect the rights of its citizens, 1 Ratified by the Senate, May 24th, 1871. The arbitrators, appointed by Brazil, Italy, Switzerland, Great Britain, and the United States, awarded the United States $15,500,000, in gross, as damages, September i4th, 1872. 2 This was the last Congress which met by law immediately after the expi- ration of the preceding Congress (see p. 201). 3 Senate, 57 Rep., 17 Dem. ; House, 138 Rep., 103 Dem. 4 Often called the " Ku Klux Committee." 6 Often called the "Force Bill." There is a striking similarity between the second section of the Act and the first section of the Sedition Law of 1798. Both were passed on the same ground, the actual existence of war foreign in 1798 (see p. 44), and domestic in 1871. 187 1.] The Force Bill. 215 or 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 XlVth Amendment ; it declared such conspiracies, if not suppressed by the authorities, " a rebellion against the Government of the United States;" it authorized the President, " when in his judgment the public safety shall require it," to suspend the privilege of the writ of habeas cor- pus in any district, and suppress the insurrection by means of the army and navy ; ' and it excluded from the jury-box any person " who shall, in the judgment of the court, be in complicity with any such combina- tion or conspiracy." The authority to suspend the privilege of the writ of habeas corpus was to cease after the end of the next regular Session of Congress. Congress adjourned April zoth, 1871. 6. The system of " rotation in office " * had, since 1829, taken from the people at large the ownership of the offices filled by appointment of the President, and vested it practically in the politicians, in and out of Congress, who controlled the President's party. An Act of March 3d, 1871, authorized the President to begin a reform in the Civil Service, for which thinking men of all parties had long been unanimous- ly anxious. Under its provisions the President ap- pointed a board of Civil Service Commissioners to provide for the examination of applicants for minor 1 In October and November, 1871, a number of counties in South Carolina were brought under the provisions of this section by the President's proclami tion. a See p. 105. 216 American Politics. [1872. offices, and to relieve him and his Cabinet from the necessity of deciding upon such applications. The system was begun January ist, 1872, and, though tinder many limitations and discouragements, contin- ued in operation for nearly three years with the em- phatic commendation of the Cabinet and the Presi- dent ; but in December, 1874, despite two direct appeals from President Grant, Congress refused to make any further appropriation for the system, and it was abandoned. It has not yet been revived to the full extent of its original design. 7. Congress met December 4th, 1871. Much of XLIId Congress, the time of the Session was ist Session. consumed in efforts to pass a bill to remove the political disabilities imposed by the XlVth Amendment. It was introduced by the Democrats in various forms, but was regularly amended by the Republicans by the addition to it of Senator Sumner's Supplementary Civil Rights Bill, intended to prevent discrimination against negroes by common carriers and other licensed or chartered public servants. The combined bills (now requiring a two-thirds vote) were then as regularly voted down by the Democrats. It was not until May 22d, 1872, that a separate Amnesty Bill became law. 1 A general Election Law for the whole country, after being lost in the House, was placed by the Senate as a -'rider" 2 upon the Civil Appropriation Bill, and so 1 About 350 persons, who had held the higher positions under the Confed- eracy, were excepted from its provisions. a See p. 149. 1 8/2.] Liberal Republicans. 217 passed, but with a proviso that the Federal supervis- ors of elections appointed under it should have no power of arrest. A bill to extend the habeas corpus section of the Force Bill of the last Session until the end of the next Session was passed by the Senate, but lost in the House. Congress adjourned June loth, 1872. 8. In 1870 the Republican part)' in Missouri had split into two parts. The "Radical" wing wished to maintain for the present the disqualifications imposed on the late rebels by the State Constitution during the war ; the " liberal " wing, headed by B. Gratz Brown and Carl Schurz, wished to abolish these dis- qualifications and substitute " universal amnesty and universal enfranchisement." Supported by the Dem- ocrats, the Liberal Republicans carried the State, though opposed by the Federal office-holders and the influence of the Administration. This success stimu- lated a reaction in the National Republican party, many of whose members believed that the powers of the Federal Government over the local concerns of the States had already been enforced up to or beyond constitutional limits, that the various enforcement Acts were designed rather for the political advance- ment of President Grant's personal adherents than for the benefit of the country, the freedmen, or even of the Republican party ; and that the efforts to police the Southern States by the force of the Federal Gov- ernment ought to cease. In the spring of 1871 the Liberal Republicans and Democrats of Ohio began 218 American Politics. [1872. to show symptoms of common feeling on these sub- jects, and during the summer the "Liberal" move- ment continued to develop within the Republican party. January 241)1, 1872, the Missouri Liberals issued a call for a National Convention at Cincinnati in the following May. 9. The Liberal Republican National Con- vention met at Cincinnati May ist, 1872, and adopted a platform pledging the party to maintain the Union of the States, emancipation, enfranchise- ment, the last three Amendments, universal amnesty, the writ of habeas corpus, and the duty of a thorough civil service reform. In respect to the relative merits of protection and free trade, the Convention confessed itself irreconcilably divided, and remitted the decision of the question to the people in their Congressional elections. So far, although the Convention was itself a revolt from the ordinary party methods, and al- though many of its members were inexperienced, un- manageable, and not representative of any important body of voters, its action had been very skilfully suited to its acceptance by the subsequent Demo- cratic Convention. After six ballots, however, in most of which C. F. Adams, of Massachusetts, led, the friends of other candidates threw their votes for Horace Greeley, 1 of New York, and he was nominated by 482 votes to 187 for Adams. B. Gratz Brown, of 1 He had been, during his whole political life, an ardent protectionist, and an unsparing critic of his Democratic opponents, through the columns of the newspapers of which he was editor. 1872.] Presidential Election. 219 Missouri, was nominated for Vice-President. Some of the " Liberal" leaders endeavored afterward, with- out success, to substitute other candidates for those nominated. The Republican National Conven- tion met at Philadelphia, June 5th, renominated President Grant unanimously, and nominated Henry Wilson, of Massachusetts, for the Vice-Presidency by 364^- votes to 321^- for Schuyler Colfax. The plat- form detailed the party's past achievements, ap- proved civil service reform and the suppression of disorders in the South, and demanded complete equality for all men throughout the entire country. The Democratic National Convention met at Baltimore, June gth, and by a nearly unanimous vote adopted the Cincinnati platform and candidates. A few recalcitrant Democrats ' met at Louisville, Ky., September 3d, and nominated Charles O'Conor, of New York, and John Quincy Adams, of Massachu- setts. 2 The result of the election was the success of the Republican candidates by an increased popular and electoral majority, due mainly to the refusal of very many Democrats to vote for Greele.y. 10. Congress met December 2d, 1872.' In the XLIId Congress, House, on the first day of the 2d Session. Session, the Speaker called at- tention to the charges made by the Democrats, dur- 1 Usually called "straight-outs." 7 The candidates declined the nomination, but about 30,000 scattering votts irere cast for them. 3 Senate, 51 Rep., 23 Dem. and Lib.; House, 133 Rep., no Dem. and Lib. 220 American Politics. \_^7^ ing the campaign, that the Vice-President, the Vice- President elect, the Secretary of the Treasury, several Senators, the Speaker of the House, and a large num- ber of Representatives had been bribed, during the years 1867 and 1868, by presents of stock in a cor- poration known as the Credit Mobilier, 1 to vote and act for the benefit of the Union Pacific Railroad Company. On his motion, an investigating commit- tee was appointed, L. P. Poland, of Vermont, being chairman. The Poland Committee reported Feb- ruary i8th, 1873, recommending the expulsion of Oakes Ames, of Massachusetts, for " selling to mem- bers of Congress shares of the stock of the Credit Mobilier below their real value, with intent thereby to influence the votes of such members," and of James Brooks, of New York, for receiving such stock. The House modified the proposed expulsion into an "absolute condemnation" of the conduct of both members. 4 An Act was passed to abolish the frank- ing privilege, and another to increase the salaries of officers of the Government. The President's salary was increased from $25,000 to $50,000, and that of Senators and Representatives from $5,000 to $7,500 per annum. This last feature of the Act proved very unpopular, as it was made to apply to the salaries of the Congressmen who passed the bill. 3 and it was commonly known as the Salary Grab. In Febru- * Organized to contract for building the Union Pacific R. R. 2 Both members died within three months afterward. 3 In so doing, however, it followed precedent. 1 87 3 . ] Returning Boards. 221 ary, 1873, the Electoral votes were counted and were found to be, for President, Grant, 286, T. A. Hen- dricks, of Indiana, 42, and 21 scattering, 1 and, for Vice-President, Wilson 286, Brown 47, and 19 scat- tering. The votes of Louisiana and Arkansas were rejected by concurrence of both Houses. 8 ii. At'this Session appeared the first case of con- flict of State governments in the South. The recon- structed State constitutions, in order to guard against intimidation by disfranchised citizens, had generally provided for Returning Boards, usually composed of three State officers and two citizens specified by name in the constitution. The Returning Board was empowered to canvass the votes, to reject the votes of all counties (or parishes) where they should judge force or fraud had been used, and to declare the results of all elections. In Louisiana successive removals and appointments of State officers by the Governor, for the purpose of controlling the Return- ing Board, had resulted in the formation of two bodies, each claiming to be the legitimate Returning Board. Two State Legislatures and governments, one (Democratic) headed by Governor John McEnery, the other (Republican) headed by Governor W. P. Kellogg, were thus declared elected. Kellogg, who apparently controlled the Federal District Judge, 1 Greeley died November zgth, 1872, and the Democratic and Liberal elec- tors were compelled, on their day of voting, December 4th, to vote for other persons. Three electors in Georgia voted for Horace (ireeley, but their votes were not counted, the Houses non-concurring. * See p. 227. 222 American Politics. \_ l %73- Durell, brought suit before him against his political opponents, and obtained an order, illegitimately given, that the Federal marshal should seize the building used as a State House and prevent the meeting of the McEnery Legislature. Both govern- ments, however, were inaugurated, and each claimed recognition by Congress. The Senate committee reported that Durell's conduct was most reprehensi- ble, that Louisiana had no real government, that the McEnery government was most nearly a government of right, and that the Kellogg government was most nearly a government in fact. A bill declaring the election of November 4th, 1872, null and void, and providing for a new election under the direction of Judge Woods, the Federal Circuit Judge, was intro- duced in the Senate, but was lost by a close vote. Congress adjourned March 3d, 1873, an( ^ March 4th Grant and Wilson were sworn into office. CHAPTER XXIII. TWENTY-SECOND ADMINISTRATION, 1873-1877. U. S. Grant, President. Henry Wilson, Vice-President. XLIIId and XLIVth Congresses, Popular vote for President in 1872 : Rep. 3,597,070, Dem. 2,834,079. i. PRESIDENT GRANT'S Inaugural stated that, while still believing in the advisability of the annexation of San Domingo, he had dropped the project since its rejection by the Senate. During this year the propo- sition was renewed in the form of an application by San Domingo for the establishment of a protectorate over it by the United States ; but shortly afterward President Baez, who had been the chief Dominican advocate of annexation, was driven from San Domin- go by a revolution, and this unpopular scheme came to an end. In April, 1873, tne Supreme Court, in the Slaughter-House Cases, 1 began the authori- 1 16 Wall., 36. They were so called because they arose from the incorpora- tion by Louisiana of a Slaughter-House Company, with an entire monopoly of the business in New Orleans and its vicinity. 223 224 American Politics. tative construction of the XlVth and XVth Amend- ments. The opinion of the court held that these Amendments only placed the special privileges of citizens of the United States under the protection of the Federal Constitution and Government ; that the powers of the States over the privileges of their own citizens had not been changed ; and that the great objects of the Amendments were the freedom and protection of the former slave race. 2. Congress met December ist, 1873, the Republi- XLIIId Congress, can majority being continued ist Session. in both branches. 1 In the House, Speaker Elaine was re-elected. The increase of pay to members of Congress at the preceding Con- gress was repealed. A bill which purported to "fix the amount of United States notes," but which in- creased their total amount, was passed by both Houses, but was vetoed by the President and failed to become law. The bill for the establishment of a republican form of government in Louisiana 2 was again introduced in the Senate, but came to no final action. Congress adjourned June 23d, 1874. In 1867 a secret order, known as Patrons of Hus- bandry, had been formed in Washington, and its subordinate lodges, or Granges, 3 had since spread all over the country. Its object was co-operation among farmers in purchasing and in other business interests. In its nature it was not political, but the 1 Senate, 50 Rep., 24 Dem. and Lib.; House, 198 Rep., 93 Dem and Lib. 3 See p. 223. 3 Hence, its members were often called Grangers. 1 874.] Louisiana. 22$ high freight rates of Western railroads brought them into conflicts with its members, which colored the politics of Western States during the years 1873 and 1874, an d led to several unsuccessful attempts to induce Congress to pass transportation laws for the regulation of inter-State commerce and freight rates. 3. During this and the subsequent four years, per- jury became so fundamental a feature in the politics of Louisiana that it is extremely difficult to give any exact account of the continuing difficulties in that State. 1 It seems certain, on the one hand, that the Democrats, or McEnery party, had resolved themselves into a "white man's party." and that outrages and massacres of negroes, such as those of Colfax and Coushatta, had become a recognized factor in politics ; and, on the other hand, that the Kellogg, or Republican, government was sustained only by the decisions of a Federal judge of very doubtful character, by the consequent support of Federal troops, by the scandalous execution of the registration laws, and by the reckless counting of a partisan Returning Board. In brief, the contest lay between force and fraud for the control of the State. September i4th, 1874, the McEnery party suddenly rose in arms, seized the State offices, and forced the Kellogg government to take refuge in the Custom House. On the same day Kellogg called upon the 1 The fairest account available has been followed, the report of the sub- committee of the House of Representatives, consisting of two Republican! and one Democrat, January I4th, 1875. 226 American Politics. [1874, President for Federal troops, which were furnished to him. 1 The McEnery government refused to resist Federal authority, and the Kellogg government was reinstalled at once. In January, 1875, the Legisla- ture was organized. The McEnery party, in a hasty and disorderly fashion, seated their Representatives from contested districts, gained control of the House, and elected the Speaker, whereupon Kellogg sent United States soldiers, under General de Trobriand, who turned out the members just seated. The Kel- logg party, then having a majority, elected their Speaker, the McEnery party withdrew, and again two Legislatures were organized. 5 4. Congress met December 7th, 1874. The Pres- XLIIId Congress, ident's Message dealt largely 2d Session. with the case of Louisiana, and his Special Message of January i3th, 1875, went still more fully into the case, defended his action in it, and appealed to Congress to take some action which would relieve him from the " exceedingly un- palatable " duty of supporting Southern State govern- ments by the use of Federal troops. At the close of the Session, therefore, by resolution, the House en- dorsed the Kellogg government, and the Senate 1 This was justified by the President and his supporters under Art. IV., 4, of the Constitution (see p. 792) ; his opponents generally admitted the justification so far. but denied that a political struggle in the Legislature was a case of " domestic violence " to be settled by Federal troops. ^ The difficulty was left, as far as regarded the Legislature, to W. A. Wheeler (afterward Vice-President), and, after his "adjustment" of it, th party conflict smouldered until the summer of 1876, when it was renewed. 1 875.] The Electoral Cottnr. 227 approved the President's course in Louisiana. An Act for the Resumption of Specie Payments was passed which provided that on and after January ist, 1879, the Secretary of the Treasury should re- deem United States legal-tender notes in coin ; but it left open the question whether these legal-tender notes, up to $300,000,000, should be reissued after redemption. Senator Sumner's Supplementary Civil Rights Bill became law. 1 A large part of the Ses- sion was taken up in considering the mode of elec- tion of the President and Vice-President, a great part of whose possible dangers and difficulties, as they eventuated in 1876-77, were already plainly foreseen and discussed in the debates, but Congress did noth- ing to avoid them. Senator Morton, of Indiana, 2 introduced an Amendment to the Constitution, pro- viding for the general choice of electors by districts, and a resolution to abolish the Twenty- Second Joint Rule, 3 under which the counting of electoral votes had been conducted since 1865, but neither was adopted. Congress adjourned March 4th, 1875. During the year an extensive Whiskey Ring was unearthed in the West ; it was an association, or series of associations, of distillers and Federal offi- 1 See p. 836. Senator Sumner, the original framer of the bill, had died, March nth, 1874. y His speeches in these debates are almost a history of the workings of the electoral system up to date. 3 This, a rule adopted by both Houses, February 6th, 1865. provided in effect that any electoral vote, to which objection should be made by any mem- ber, should only be counted if both Houses agreed to count it : a non-concur rence, therefore, operated as a rejection of the vote (see p. 230). 228 American Politics. cials for the purpose of defrauding the Government of a large amount of the tax imposed on distilled spirits, and, further, of employing a part of the pro- ceeds in political corruption. On the trial of the indictments a number of Federal officers were con- victed, and O. E. Babcock, the President's private secretary, was acquitted. 5. In the South the Democrats, generally taking the name of Conservatives, had by this time gained control of all the State governments except those of South Carolina, Florida, and Louisiana. In some of the States the Republican governments had, as in Louisiana, called upon the President for help before surrendering their positions. From Arkansas calls for troops had been made by Elisha Baxter, April igth, 1874, and by Joseph Brooks, April 2oth, each claiming to be the legitimate Governor. On the supersedure of both of them by the adoption of a new State Constitution, October ijth, 1874, V. V. Smith, Baxter's lieutenant-Governor, claiming to be Gover- nor by Baxter's abdication, called upon the President for troops ; but, as he fled the State immediately afterward, no answer was given. In Mississippi the Legislature called upon the President for troops, December i8th, 1874, to suppress rioting in Warren County, and the President answered by a proclama- tion warning rioters to disperse. The call for troops was repeated, September 8th, 1875, by Governor A. Ames, but was refused. The Governor was advised to assemble the Legislature and make some effort to 1 875.] State Elections. 229 preserve the peace of his own Stale, the President's language seeming to show that his patience had been exhausted. 1 6. The State elections of 1874-75 and the elec- tions for members of the XLIVth Congress, to meet in December, 1875, showed a sudden and remarkable change of political sentiment. 2 They resulted in the almost universal defeat of Republican candidates for State offices, even Massachusetts electing a Demo- cratic Governor, and the election of a great majority of Democrats to the House of Representatives. The Republicans considered the result due largely to the violent suppression of the colored Republican vote in the South ; the Democrats attributed it entirely to popular disgust in the North at the continuance of enforcement Acts and efforts to "dragoon" the South. Both causes seem to have been operative, as- sisted by the financial distress which began to be felt in 1873, and which is always apt to re-act upon the popular vote, to the prejudice of the party in power. 7. Congress met December 6th, 1875, with a Re- XLIVth Congress, publican majority in the Sen- ist Session. ate and a Democratic major- ity in the House,' where M. C. Kerr, of Indiana, was 1 "The whole public are tired out with these annual autumnal outbreaks in the South, and the great majority are ready now to condemn any interference on the part of the Government. I heartily wish that peace and good ordef may be restored without issuing the proclamation. But if it is issued, t shall instruct the commander of the forces to have no child's play." 2 The elections were popularly called the " tidal wave." 8 Senate, 42 Rep., 29 Dem.. 2 Ind.; House, 182 Dem., no Rep. 230 American Politics. chosen Speaker. The President's Message was de- voted mainly to foreign affairs and to a natural recog- nition of the great material progress made by the nation during its first century of existence. The Session was marked by an evident increase of anxiety as to the possible occurrence of some occasion for dispute between the Democratic House and the Republicr.n Senate about the result of the impending Presidential election ; but party jealousy, and fear of losing any party advantage from the Southern situa- tion, prevented any remedial action. Morton's Amendment to the Constitution, 1 and several other Amendments, with the same general object, were in- troduced, but not passed. Morton's bill to provide for the counting of the electoral votes met the same fate. The Senate abolished the Twenty-second Joint Rule, so that the electoral count was now left with- out any provisions whatever for its government. The so-called Blaine Amendment, prohibiting the ap- propriation of public school money by any State to sectarian schools, passed the House but did not secure a two thirds vote in the Senate. 2 An unlim- ited Amnesty Bill failed to secure a two-thirds vote in the House. A bill to reduce the President's salary to $25,000 yearly after March 4th, 1877, passed both Houses, but was vetoed and failed to become law. An appropriation of $1,500,000 was made to the Centennial Exhibition at Philadelphia. The 1 See p. 227. a 28 to 16 in favor. 1876.] The Centennial. 231 Secretary of War, W. W. Belknap, was impeached by the House on a charge of having received bribes for the appointment of a post-trader at Fort Sill. The general vote in the Senate was 36 to 25 for convic- tion, 1 and as this was not two thirds he was acquitted. Congress adjourned August i5th, 1876. The end of the first, and the beginning of the second, century of the separate national existence of the United States was marked by the opening of the Centen- nial Exhibition at Philadelphia, 2 and by an unusu- ally general celebration, July 4th. Colorado became a State of the Union August ist, 1876. 8. The Independent National Convention met at Indianapolis, May i7th, 1876. Its platform demanded the repeal of the act for resumption of specie payments, and the issue of United States notes ("greenbacks" 3 ), convertible into bonds on demand, as the currency of the country. It nomi- nated Peter Cooper, of New York, for President, and Samuel F. Gary, of Ohio, for Vice- President. 4 The Republican National Convention met at Cin- cinnati, June i4th, and adopted a platform which reviewed the party's past achievements, charged the Democratic party with treason, imbecility, falsehood, 1 He had anticipated impeachment by resigning in the forenoon of the day on which he was impeached, and most of the Senators who voted Not Guilty stated that they did so on the ground that he was then a private citizen and not subject to impeachment. 2 May loth, 1876. 3 Hence this was usually called the Greenback Party. 4 Newton Booth, of California, was first nominated for Vice-President, bit declined. 232 American Politics. [1876. and subservience to former rebels, commended the resumption of specie payments, and demanded the immediate and vigorous exercise of Federal powers to secure the rights of American citizens everywhere throughout the country. Much excitement had been caused by an alleged design of President Grant to secure for himself a Third Term, but his name was not presented to the Convention for the Presidential nomination. On the first six ballots James G. Elaine, of Maine, led all the other candidates ; on the seventh ballot Rutherford B. Hayes, of Ohio, was nominated by 384 votes, to 351 for Elaine and 21 for B. H. Bristow, of Kentucky. William A. Wheeler, of New York, was nominated for Vice-President. The Democratic National Convention met at St. Louis, June 28th, and adopted a platform entirely occupied by denunciation of the Republican party for corruption, mismanagement, personal government and sectional hatred, and by demands for reform ; included in these was a demand for the repeal of the specie resumption Act until proper preparation should be made for its successful enforcement. On the second Presidential ballot, Samuel J. Tilden had 535 votes to 203 for all others, and was nominated. His leading competitor. Thomas A. Hendricks, of Indiana, was nominated for Vice-President. 9. The nomination of Hayes sensibly strengthened the Republican party. A strong section of its mem- bers had held a preliminary meeting, May 15th, 1 and 1 The so-called Fifth Avenue Hotel Conference. 1876.] Presidential Election. 233 resolved to support no candidate not pledged to civil service reform. Their warm support was at once gained by the unexpected emphasis with which the nominee advocated the cessation of the sale of ap- pointments to office for party services. The Demo- cratic chances were increased by the evident cer- tainty of the choice of Democratic electors in all the Southern States excepting three. In .one of these, South Carolina, the Legislature had long been ex- travagant and corrupt, and the Presidential campaign was complicated with a final and desperate effort by the whites to secure control of the State government. In the course of it a massacre of a negro militia force at Hamburgh, 1 and another at Ellenton, induced a call for Federal troops by the Governor, and these were placed at his disposal by the President. The Presidential election took place November 7th, 1876. Democratic electors were chosen by Connec- ticut, New York, New Jersey, and Indiana in the North, and by all the Southern States except South Carolina, Florida, and Louisiana ; Republican elec- tors were chosen by South Carolina 2 in the South, and by all the Northern States except those named above. The undisputed results 3 of the election were 1 July pth. * This State was also claimed at first by the Democrats, but their members of the Congressional investigating committee agreed that the State had chosen Republican electors. 8 The Republicans alleged that very many of the Southern electoral votes had been obtained for the Democratic candidates by the violent suppressioo of the colored vote, but did not formally dispute the count of these votes. Ths Democrats disputed the count of many individual Republican electoral votef 234 American Politics. [1876. therefore 184 electoral votes for Tilden and Hen- dricks, and 172 for Hayes and Wheeler, and the whole result of the election hinged upon the final declaration of the results in Florida and Louisiana, that is, upon the decisions of the Returning Boards of those States, and upon the one disputed vote of Oregon. 10. As soon as the state of affairs in the doubtful States was discovered, a large number of prominent citizens from the North went to the State capitals to oversee the count, by invitation of President Grant and of the Democratic National Committee. The four electoral votes of Florida were decided by the Returning Board to be Republican by a majority of 926 ; this result was reached by casting out the votes of various precincts and counties. The State Supreme Court then ordered the Board to declare the result of "the face of the returns," ' without casting out any. The Board again met, cast out the votes of certain other precincts and counties, and declared a Repub- in the North, on the ground that the electors who cast them were Federal office-holders ; but in these cases the ineligible electors regularly resigned before acting and were re-chosen by the electoral colleges to fill the resulting vacancies. The statement above is therefore made as " undisputed." It does not include the single vote of Oregon. 4 What the real " face of the returns " was is doubtful. Those acknowledged by the Board and those claimed by the Democrats agree very closely, except as to Baker County. From this cou.ity two returns were sent : (i) 130 Rep., 89 Dem., Rep. maj. 41 ; and (2) 143 Rep., 238 Dem., Dem. maj. 95. The former was taken by the Board, while the latter was claimed by the Demo- crats. As the sum total of the votes of all the other counties, as acknowledged by both parties, is almost an exact tie on the face of the returns, it will be Seen that the gist of the difficulty lies in the double return from Baker County. 1876.] Presidential Election. 235 lican majority of 206. Before this was done, how- ever, the day appointed -for the voting of the electors had come, and the Republican electors met and voted. In Louisiana the Democratic electors pro- tested without effect against the refusal of the Return- ing Board to add a Democrat to their number, as the law required, and against their refusal to canvass all the votes in public. After a three-weeks' session, and many changes in the returns, the Board declared the Republican electors successful by an average majority of about 4,000; the Democrats claimed 8,000 majority on the face of the returns. 1 McEnery, claiming to be Governor, gave the Democratic elec- tors a certificate of election ; in Florida the Attorney- General, as one of the Returning Board, signed the Democratic certificate. In both States the Republi- can Governor signed the certificates of the Republi- can electors. In Oregon the three Republican elec- tors had a majority, but, on the claim that one of them was a Federal office-holder and ineligible, the Democratic Governor gave a certificate of the elec- tion of one Democratic and two Republican electors. The three Republican electors were certified by the Secretary of State, who was the canvassing officer of the State by statute. ii. Congress met December 5th, 1876. The Pres- XLIVth Congress, ident's Message deprecated 2d Session. harsh judgment for any mis- 1 (Returns, average) Rep., 75.759, Dem., 83,635, Dem. maj., 7,876; (Re turning Board, average) Rep., 74,436, Dem., 70,505, Rep. maj. 3,931. 236 American Politics. t^/S- takes of judgment which he had made in his two terms of office, and attributed them mainly to the subordinates whose appointment had been forced upon him by Congressmen. In the House, S. J. Randall, of Pennsylvania, was chosen Speaker in place of Speaker Kerr, who had died during the sum- mer. The Session was almost entirely taken up by the Disputed Presidential Election. It was evident that neither House would consent to the adoption of a joint rule for the count which should seem to operate against the candidates of its major- ity. Extreme Republicans were beginning to advance the idea that the Vice-President, who was to open the certificates, was also to decide between two returns ; extreme Democrats argued the right of the House to decide when the emergency had arrived in which it was to elect a President. As a compromise, the Electoral Commission was created by Act of January 29th, 1877 ; it was to consist of five mem- bers chosen by the House, five by the Senate, and five Justices of the Supreme Court. Double returns, and all returns to which objection should be made, were to be referred to this Commission, whose deci- sion was to be final unless reversed by the vote of both Houses. The general rule held by the Com mission was that it was only empowered to canvass electoral votes, not popular votes, and to decide whether the Governor had certified those electors who had been declared elected by the canvassing authority of the State. It thus ascertain? \ that in 1 877.] Electoral Commission. 237 Louisiana and Florida the Governors had certified the legitimate electors, while in Oregon the Governor had not. In all these cases the House voted to reject, and the Senate to sustain, the Commission's decision, and the decision was therefore sustained in favor of the Republican electors. In the case of South Caro- lina, and in those of electors objected to as Federal office-holders, the Commission also decided in favor of the Republican electors, and the decision was not reversed by concurrent vote of both Houses. All the thirteen doubtful votes 1 thus fell to the Republican candidates, and the result was declared 2 to be 185 votes for Hayes and Wheeler, and 184 votes for Tilden and Hendricks. Hayes and Wheeler were therefore declared elected. March jd, 1877, Con- gress adjourned, and March 4th, Hayes and Wheeler were sworn into office. 1 Florida 4, Louisiana 8, Oregon i. 2 After 4 o'clock in the morning of March ad. CHAPTER XXIV. TWENTY-THIRD ADMINISTRATION, 1877-1881. Rutherford B. Hayes, Presi- William A. Wheeler, Vice, dent. President. XLVth and XLVIth Congresses. Popular vote for President in 1876: .^.4,284,757, Rep. 4.Q33.950. 1 i. IN Florida the State Supreme Court had per- sisted in compelling a count upon the face of the returns of the votes for State officers, and the Demo- cratic State government was thus finally declared elected and inaugurated, although the Returning Board had at first given the election to the Republi- can candidates. In South Carolina and Louisi- ana President Hayes, soon after his inauguration, ordered the Federal troops to be withdrawn, 2 and the Democratic State governments at once took posses- sion without resistance. It was charged that the President had thereby impeached his own title to the Presidency, which " rested upon the action of the 1 In Florida and Louisiana the Returning Board count has been taken. 2 Similar orders were given in March by President Grant, but were not executed. 1 877.] Returning Boards. 239 same Returning Boards which had declared the Re- publican Governors elected." It must be noted, therefore, that electors are to be chosen " in such manner as the Legislature of the State may direct," and that the power of a Legislature to commit the choice of electors to a Returning Board may be ad- mitted without admitting its power to delegate the choice of State officers to the same hands. During the summer extensive Railroad Strikes and other disorders caused considerable alarm and loss of prop- erty and life, but were successfully suppressed by the State authorities, assisted, wherever necessary, by United States troops. 2. Congress met October isth, 1 1877, having been XLVth Congress, called to an early session by ist Session. a proclamation of the Presi- dent, in consequence of the failure of the preceding Congress to pass the appropriation for the army. The Senate was still Republican and the House Democratic. In the House Speaker Randall was re-elected by 149 votes to 132 for James A. Garfield, of Ohio. The most striking action of the Session was the passage of the Bland Silver Bill. The Act of July i4th, 1870, to refund the national debt, had made all bonds issued under it payable in " coin ; " and the Act of February i2th, 1873, na ^ "demon- etized" the silver dollar, that is, had dropped it from the list of United States coins. Since that time the value of silver, as compared with gold, had been very 1 Senate, Rep. 39, Dem. 36, Ind. i ; House, Dem. 153, Rep. 140. 240 American Politics. steadily falling, and a strong feeling had grown up in both parties that the silver dollar should be restored to the list of coins and used, at least in part, for the payment of bonds. The Bland Bill provided for the resumption of the coinage of the silver dollar of 412^- grains (worth then about 92 cents), made it a legal tender for public and private debts, and directed its coinage at the rate of not less than $2,000,000 or more than $4,000,000 monthly. It was vetoed, and was passed over the veto by heavy majorities. An Act was passed forbidding the further retirement of United States notes. An Army Appropriation Bill was passed containing a proviso that it should not be lawful to employ any part of the army as a. posse comi- tatus, except as expressly authorized by the Constitu- tion or by Act of Congress. A House committee, commonly known as the Potter Committee, 1 was appointed to investigate the alleged frauds in the Southern States. Congress adjourned June 2oth, 1878. An unexpected result of the Potter Commit- tee's investigation was the discovery of a number of Cipher Telegrams * from persons nearly connected with Mr. Tilden, having for their object the bribery of the Returning Boards. Mr. Tilden denied that he was a party to these negotiations. 3. From the beginning of his Administration, Pres- ident Hayes had not the hearty support of any party in Congress. To many of the Republicans, who had 1 So-called from its chairman, Clarkson N. Potter, of New York. 2 These were mainly translated in the office of the Nem York Tribune. 1 877.] Hayes 1 Administration. 241 grown up under the enforcement system, his with- drawal of Federal troops from Southern States, and his efforts to conciliate the South in other ways, seemed to be weak, wavering, and "Sunday-school politics;" very great feeling was excited among the Democrats by his appointment of members of the Returning Boards to Federal offices ; his partial efforts to free himself fi dm the control which Con- gressmen had gradually acquired over appointments deprived him of much of a President's usual influence over Congress ; and the sudden rise to prominence of financial questions, on which neither party was thoroughly united, left him without any general or coherent party support. Many Administration meas- ures were defeated, and others were only carried by Democratic votes. Nevertheless, President Hayes' term of office was of incalculable benefit to the coun- try as a breathing-spell, and a relief from the almost intolerable violence of party contest. During these two years the Greenback or National Party, which was mainly opposed to the proposed resumption of specie payments, had largely increased its popular vote. In 1876 it had polled 80,000 votes ; in the State elections of 1878 this was increased to over 1,000,000. Specie payments for United States notes were re- sumed without difficulty, January ist, 1879. 4. Congress met December ad, 1878. The Presi- XLfVth Congress, dent's Message urged upon 2d Session. the attention of Congress the alleged continuance of intimidation of negro voters in 16 242 American Politics. [1879. the South. The only important legislation of the Session was an Act authorizing the refunding of the national debt at four per cent, interest, and an Act giving arrears of pension to those who had not yet filed applications. Congress adjourned March 4th, 1879, without passing the Army Appropriation Bill, owing to an endeavor by the House to add as a " rider "' to it a bill to repeal the general election law. 2 5. Congress met March i8th, 1879, having been XLVth Congress, summoned to an extra session Extra Session. by a proclamation of the Pres- ident. Both branches had Democratic majorities,' and in the House Speaker Randall was re-elected. The Warner Silver Bill, providing for the un- limited coinage of silver, was passed by the House, but the Senate Finance Committee refused to report it. The main business of the Session was with the Appropriation Bills, to all of which the Demo- cratic majority added "riders" for the purpose of carrying out a reduction of Federal power. To the Army Bill a rider was added repealing the existing permission to the army to "keep the peace at the polls;" to the Legislative Bill was added another, repealing the authority given to Federal supervisors to count the votes at Congressional elections, and to Federal marshals to arrest at the polls ; and to the Judiciary Bill was added another, forbidding the pay- 1 See p. 149. a See p. 216. 3 Senate, Dem. 42, Rep. 33, Ind. i ; House, Dem. 149. Rep. 130, Nat. 14, 1 879.] The Extra Session. 243 ment of Federal marshals for "services in connection with elections." All these were opposed by the Re- publicans as efforts to coerce a co-ordinate branch of the Government by refusing appropriations, were vetoed by the President, and failed to become law. Having finally passed the Appropriation Bills without riders, Congress adjourned July ist, 1879. During the summer a considerable Negro Exodus took place from the South to the Northwest. It was ascribed by Republicans to Southern ill-treatment of negroes, and by Democrats to the operations of rail- road agents. 6. Congress met December ist, 1879. The Pres- XLVIth Congress, ident' s Message advised Con- ist Session. gress not to legislate further at present in regard to the coinage, recommended the retirement of the legal tenders, and urged the neces- sity of reform in the civil service. No important political action was taken except the passage of a law to prevent the use of the army to keep the peace at the polls, but with the proviso that it should not be construed to prevent the constitutional use of the army to suppress domestic violence in a State. The -riders" of the last Session were again added to Appropriation and Deficiency Bills, but were again vetoed and failed to become law. The Democratic opposition to the General Election Law was very much weakened by a Supreme Court decision during the Session, upholding the constitutionality of the law. Congress adjourned June i6th, 1880. Not 244 American Politics. [1880. one effective step had yet been taken, by statute 01 amendment, to avoid the recurrence of a disputed electoral count such as that of 1876. The Republi- cans were unwilling to entrust the count entirely to the control of a Democratic Congress, and neither party was willing to entrust the final and absolute decision upon the validity of a State's electoral votes to the highest judicial authority of the State itself. 1 The attempted counting-out of the Republican major- ity in the Legislature of Maine, by the Governor and Council, in the winter of 1878-79, had emphasized the danger by showing the possibility of double returns from some Northern State ; but nothing was done, nor has anything since been done in this direction. 7. The Republican National Convention met June 5th, 1880, at Chicago. The Grant majority in the State Conventions of New York, Pennsylvania, and Illinois had ordered their delegates to cast the entire vote of their States for ex-President Grant, without regard to the preferences of individual dis- tricts. The Convention, however, refused to recog- nize the unit rule, and absolved the delegates from obedience to it. The platform detailed the party's achievements in the past, denounced the Democratic party and the " Solid South," and favored a protec- tive tariff, the protection of all citizens in all their rights by Federal power, and the restriction of 1 This, the proposition of Senator Edmunds, of Vermont, would seem to t* in strict pursuance of the intention of the electoral system. l88o.] Presidential Election. 245 Chinese immigration. On the thirty-sixth ballot, June 8th, James A. Garfield, of Ohio, was nominated for President. His nomination was the result of a sudden union of the Elaine, Sherman, and other dele- gates against those delegates, about 306 in number, who voted steadily for Grant to the end. Chester A. Arthur, of New York, was nominated for Vice-Presi- dent. The Greenback- Labor National Con- vention met at Chicago, June gth, and adopted a platform which claimed for the Government the en- tire control of the issue of money, and condemned the grant of any such power to corporations, the con- tinuance of grants of lands to railroads, and the immi- gration of Chinese. It nominated James' B. Weaver, of Iowa, for President, and B. J. Chambers, of Texas, for Vice-President. The Democratic National Convention met at Cincinnati, June 226, and adopted a strict construction platform. It called for home rule, honest money ("gold and silver, and paper convertible into coin on demand" '), a revenue tariff, and permission to purchase ships abroad, and denounced the "fraud of 1876-77" and the Admin- istration's " claim of a right to surround the ballot- boxes with troops." It nominated Winfield S. Han- cock, of Pennsylvania, for President, on the second ballot, and William H. English, of Indiana, for Vice- President. In the Presidential election in No- vember, Democratic electors were chosen by all the 1 The latter part of this definition would hardly have been accepted by the original, or Jeffersonian, Democracy. 246 American Politics. [1880. Southern States, and by New Jersey, California, 1 and Nevada in the North ; all the other States chose Re- publican electors. On the entire popular vote the Republicans had a slight plurality, 2 neither party hav- ing a majority. The Greenback vote did not affect the result, except in California, Indiana, and New Jersey, where it prevented either party from having a majori- ty. The Congressional elections gave the Republi- cans a majority of one over all in the House of Rep- resentatives, 3 which was to meet in December, 1881. 8. Congress met December 6th, 1880. The prin- XLVIth Congress, cipal business of the Session 2d Session. was the count of the electo- ral votes, as to which there was, luckily, no doubtful question of vital importance to either party. Georgia had as yet neglected to alter her State law, as passed under the Confederacy, by which her electors met and voted on the second Wednesday of December instead of the first Wednesday, as required by Federal law. Both parties amicably agreed to count the vote of Georgia "in the alternative," 4 declaring that Garfield and Arthur had 214 votes, that Hancock and English had 155 votes if the vote of Georgia were counted, and 144 votes if the vote of Georgia were not counted, and that in either case Garfield and Arthur were elected. Congress adjourned March 3d, 1881, and March 4th Garfield and Arthur were sworn into office. 1 One Democratic elector in California was defeated. 3 Rep. 4,442,950, Dem. 4,442,035. Grb. 306,867, Scat. 12,576 ; Rep. plur. 915. 3 Rep. 147, Dem. 136, Grb. 9, Ind. i. 4 See p. 90. 1 88 1.] Civil-Service Reform. 247 9. An extra session of the Senate, to consider the new President's nominations to office, met immedi- ately after the inauguration. In actual membership the parties were a tie, 1 but the casting vote of the Vice-President gave the Republicans a majority. They at once undertook to change the employees of the Senate, as the Democrats had done on obtaining control of the Senate. The Democrats resisted the attempt on the ground that the Senate, at its extra session, ought to attend only to the specific business for which it had been summoned ; and, there being no rules in the Senate to limit debate, the dispute was prolonged for many weeks, to the neglect of all other business. The sudden resignation of the two Republican Senators from New York, because of a disagreement with the President as to certain ap- pointments in their State, left the Democrats in the majority, and the Senate, having confirmed the Pres- ident's nominations, adjourned May 24th, 1881. The attention of the whole people was again called to the necessity of Civil- Service Reform which had long been formally approved by all parties and faithfully executed by none by the crime of a disappointed office-seeker in shooting the President, with intent to kill him, July 2d, 1881. September igth, President Garfield died, and Vice-President Arthur became President in '.is stead. ' Dem. 37, Rep. 37, Ind. 2. The independent vote was divided between the two parties. APPENDIX A. Articles of Confederation. Articles of Confederation and Perpetual Union between the States of New Hampshire, Massachusetts JBay, Rhode Island and Providence Plantations, Connecti- cut, New York, New Jersey, Pennsylvania, Dela- ware, Maryland, Virginia, North Carolina, South Carolina, and Georgia. ARTICLE I. The style of this Confederacy shall be, " The United States of America." ARTICLE II. Each State retains its sovereignty, freedom, and independence, and every power, jurisdic- tion, and right, which is not by this Confederation ex pressly delegated to the United States in Congress as- embled. ARTICLE III. The said States hereby severally en ter into a firm league of friendship with each other, for their common defense, the security of their liberties, and their mutual and general welfare, binding them- selves to assist each other against all force offered ta 248 Articles of Confederation. 249 or attacks made upon them, or any of them, on ac- count of religion, sovereignty, trade, or any other pre- tense whatever. ARTICLE IV. The bettei to secure and perpetu- ate mutual friendship and intercourse among the peo- ple of the different States in this Union, the free inhab- itants of each of these States, paupers, vagabonds, and fugitives from justice excepted, shall be entitled to al) privileges and immunities of free citizens in the several States ; and the people of each State shall have free ingress and regress to and from any other State, and shall enjoy therein all the privileges of trade and com- merce subject to the same duties, impositions, and re- strictions as the inhabitants thereof respectively; pro- vided that such restrictions shall not extend so far as to prevent the removal of property imported into any State to any other State of which the owner is an inhabit- ant; provided also, that no imposition, duties, or re striction shall be laid by any State on the property of the United States or either of them. If any person guilty of, or charged with, treason, felony, or other high misdemeanor in any State shall flee from justice and be found in any of the United States, he shail, upon demand of the governor or executive power of the State from which he fled, be delivered up and removed to the State having jurisdiction of his offense. Full faith and credit shall be given in each of these States to the records, acts, and judicial proceedings of the courts and magistrates of every other State. ARTICLE V. For the more convenient managemenl 250 Appendix A. of the general interests of the United States, delegate* shall be annually appointed in such manner as the Legislature of each State shall direct, to meet in Con- gress on the first Monday in November, in every year with a power reserved to each State to recall its dele gates, or any of them, at any time within the year, and to send others in their stead for the remainder of the year. No State shall be represented in Congress by less than two, nor by more than seven members ; and no person shall be capable of being a delegate for more than three years in any term of six years; nor shall any person, being a delegate, be capable of holding any office under the United States for which he, or another for his benefit, receives any salary, fees, or emolument of any kind. Each State shall maintain 'ts own delegates in any meeting of the States and while they act as members of the Committee of the States. In determining questions in the United States in Con- gress assembled, each State shall have one vote. Free- dom of speech and debate in Congress shall not be impeached or questioned in any court or place out of Congress ; and the members of Congress shall be pro- tected in their persons from arrests and imprisonment during the time of their going to and from, and at- tendance on, Congress, except for treason, felony, ot breach of the peace. ARTICLE VI. No State, without the consent of the United States, in Congress assembled, shall send any embassy to, or receive any embassy from, or enter into Any conference, agreement, reliance, or treaty with any Articles of Confederation. 251 king, prince, or stats; nor shall any person helling any office of profit or trust under the United States, or any of them, accept of any present, emolument, office, 01 title of any kind whatever from any king, prince, ot oreign state; nor shall the United States, in Congress assembled, or any of them, grant any title of nobility. No two or more States shall enter into any treaty, confederation, or alliance whatever between them, without the consent of the United States, in Congress assembled, specifying accurately the purposes for which the same is to be entered into, and how long it shall continue. No State shall lay any imposts or duties which may interfere with any stipulations in treaties entered into by the United States, in Congress assembled, with any king, prince, or state, in pursuance of any treaties al- ready proposed by Congress to the courts of France and Spain. No vessels of war shall be kept up in time of peace by any State, except such number only as shall be deemed necessary by the United States, in Congress assembled, for the defense of such State or its trade, nor shall any body of forces be kept up by any State in time of peace, except such number only as, in the judg- ment of the United States, in Congress assembled, shall be deemed requisite to garrison the forts necessary for the defense of such State; but every State shall always keep up a well-regulated and disciplined militia, suffi- ciently armed and accoutered, and shall provide and constantly have ready for use in public stores a due 252 Appendix A. number of field -pieces and tents, and a proper quantity of arms, ammunition and camp equipage. No State shall engage in any war without the con- sent of the L nited States, in Congress assembled, un- L-ss such State be actually invaded by enemies, or sha have received certain advice of a resolution being formed by some nation of Indians to invade such State, and the danger is so imminent as not to admit of a de- lay till the United States, in Congress assembled, can be consulted; nor shall any State grant commissions to any ships or vessels of war, nor letters of marque or re- prisal, except it be after a declaration of war by the United States, in Congress assembled, and then only against the kingdom or state, and the subjects thereof, against which war has been so declared, and under such regulations as shall be established by the United States, in Congress assembled, unless such State be infested by pirates, in which case vessels of war may be fitted out for that occasion, and kept so long as the danger shall continue, or until the United States, in Congress as- sembled, shall determine otherwise. ARTICLE VII. When land forces are raised by any State for the common defense, all officers of or under ihe rank of Colonel shall be appointed by the Legis- lature of each State respectively by whom such forces shall be raised, or in such manner as such State shall direct, and all vacancies shall be filled up by the Stale which first made the appointment. ARTICLE VIII. All charges of war, and all othei expenses that shall be incurred for the common defense Articles of Confederation. 253 01 general welfare, r,nd allowed by the United States, in Congress assembled, shall be defrayed out of a corn mon treasury, which shall be supplied by the several States in proportion to the value of all land within each State, granted to, or surveyed for, any person, as such land and the buildings and improvements thereon shal be estimated, according to such mode as the United States, in Congress assembled, shall, from time to time, direct and appoint. The taxes for paying that propor- tion shall be laid and levied by the authority and direc- tion of the Legislatures of the several States, within the time agreed upon by the United States, in Congress as- sembled. ARTICLE IX. The United States, in Congress as- sembled, shall have the sole and exclusive right and power of determining on peace and war, except in the <;ases mentioned in the sixth Article; of sending and *ceiving ambassadors; entering into treaties and al- unces, provided that no treaty of commerce shall be nade, whereby the legislative power of the respective i lutes shall be restrained from imposing such imposts- i*J duties on foreigners as their own people are sub- >;cted to, or from prohibiting the exportation or impor- tation of any species of goods or commodities whatever; of establishing rules for deciding, in all cases, what captures on land and water shall be legal, and in wh.it manner prizes taken by land or naval forces in the serv- ice of the United States shall be divided or appic- priated ; of granting letters of marque and reprisal ia times of peace; appointing courts for the trial of pira- 254 Appendix A. cies and felonies committed on the high seas: and es tablishing courts for receiving and determining finally appeals in all cases of captures ; provided that no mem- ber of Congress shall be appointed a judge of any of he said courts. The United States, in Congress assembled, shall aiso be the last resort on appeal in all disputes and differ ences now subsisting, or that hereafter may arise be- tween two or more States concerning boundary, juris- diction, or any other cause whatever; which authority shall always be exercised in the manner following : Whenever the legislative or executive authority, or law ful agent of any State in controversy with another, shall present a petition to Congress, stating the matter in question, and praying for a hearing, notice thereof shall be given by order of Congress to the legislative or ex- ecutive authority of the other State in controversy, and a day assigned for the appearance of the parties by their lawful agents, who shall then be directed to ap- point, by joint consent, commissioners or judges to con- stitute a court for hearing and determining the matter in question ; but if they cannot agree, Congress shall name three persons out of each of the United States, and 'iom the list of such persons each party shall alternately trike out one, the petitioners beginning, until the num- er shall be reduced to thirteen ; and from that num- ber not less than seven nor more than nine names, as Congress shall direct, shall, in the presence of Ccngress, be drawn out by lot; and the persons whose names shall be so drawn, or any five of them, shall be con) Articles of Confederation. 255 missioners or judges, to hear and finally dete mine the controversy, so always as a major part of the judges who shall hear the cause shall agree in the determina- tion ; and if either party shall neglect to attend at the day appointed, without showing reasons which Con- gress shall judge sufficient, or being present, shall re- fuse to strike, the Congress shall proceed to nominate three persons out of each State, and the secretary of Congress shall strike in behalf of such party absent or refusing; and the judgment and sentence- of the court, to be appointed in the manner before prescribed, shall be final and conclusive ; and if any of the parties shall refuse to submit to the authority of such court, or to appear or defend their claim or cause, the court shall nevertheless proceed to pronounce sentence or judg- ment, which shall in like manner be final and decisive ; the judgment or sentence and other proceedings be- ing in either case transmitted to Congress, and lodged among the acts of Congress for the security of the par- ties concerned ; provided, that every commissioner, be- fore he sits in judgment, shall take an oath, to be ad- ministered by one of the judges of the supreme or supe- rior court of the State where the cause shall be tried, ** well and truly to hear and determine the matter in question, according to the best of his judgment, with- out favor, affection, or hope of reward." Provided, also, that no State shall be deprived of territory for the benefit of the United States. All controversies concerning the private right of ioil claimed under different grants of two or more Srctes, 256 Appendix A. tvhose jurisdictions, as they may respect such land* and the States which passed such grants are adjusted, the said grants or either of them being at the same time claimed to have originated antecedent to such settle inent of jurisdiction, shall, on the petition of eithel party to the Congress of the United States, be finally determined, as near as may be, in the same manner as is before prescribed for deciding disputes respecting ter- ritorial jurisdiction between different States. The United States, in Congress assembled, shall also have the sole and exclusive right and power of regulat- ing the alloy and value of coin struck by their own authority, or by that of the respective States ; fixing the standard of weights and measures throughout the United States; regulating the trade and managing all affairs with the Indians, not members of any of the States ; provided that the legislative right of any State, within its own limits, be not infringed or violated; es- tablishing and regulating post offices from one State to another, throughout all the United States, and exacting such postage on the papers passing through the same as may be requisite to defray the expenses of the said office; appointing all officers of the land forces in the service of the United States, excepting regiment- il officers; appointing all the officers of the nava forces, and commissioning all officers whatever in the service of the United States; making rules for the gov- ernment and regulation of the said land and navaj forces, and directing their operations. The United Stater in Congress assembled, shall ha\ Articles of Confederation. 257 authority to appoint a committee, to sit in the recess of Congress, to be denominated, " A Committee of the States," and to consist of one delegate from each State, and to appoint such other committees and civil officers as may be necessary for managing the general alfairs of the United States under their direction ; to ar point one of their number to preside; provided that no per- son be allowed to serve in the office of president more than one year in any term of three years ; to ascertain the necessary sums of money to be raised for the serv- ice of the United States, and to appropriate and apply the same for defraying the public expenses ; to borrow money or emit bills on the credit of the United States, transmitting every half year to the respective States an account of the sums of money so borrowed or emitted; to build and equip a navy ; to agree upon the number of land forces, and to make requisitions from each State for its quota, in proportion to the number of white in- habitants in such State, which requisition shall be bind- ing ; and thereupon the Legislature of each State shall appoint the regimental officers, raise the men, and clothe, arm, and equip them in a soldier-like manner, at the expense of the United States ; and the officers and men so clothed, armed, and equipped shall march to the place appointed, and within the time agreed on by the United States, in Congress assembled ; but if the United States, in Congress assembled, shall, on consideration of circumstances, judge proper that any State should not raise men, or should raise a smaller number than its quota, and that any other L-tate should 258 Appendix A. raise a greater number of men than the quota ihereol such extra number shall be raised, officered clothed, armed and equipped in the same manner as the quota of such State, unless the Legislature of such State shall judge that such extra number can not be safely spared out of the same, in which case they shall raise, officer, clothe, arm, and equip as many of such extra number as they judge *an be safely spared, and the officers and men so clothed, armed, and equipped shall march to the place appointed, and within the time agreed on by the United States, in Congress assembled. The United States, in Congress assembled, shall never engage in a war, nor grant letters of marque and reprisal in time of peace, nor enter into any treaties or alliances, nor coin money, nor regulate the value thereof, nor ascertain the sums and expenses necessary for the defense and welfare of the United States, or any of them, nor emit bills, nor borrow money on the credit of the United States, nor appropriate money, nor agree upon the number of vessels of war to be built or purchased, or the number of land or sea forces to be raised, nor appoint a commander-in-chief of the army or navy, unless nine States assent to the same, nor shall a question on any other point, except for adjourning from day to day, be determined, unless by the votes of . majority of the United States, in Congress assembled The Congress of the United States shall have powei to adjourn to any time within the year, and to any place within the United States, so that no period of ad ^ournment Le for a longfr duration than the space of Articles of Confederation. 259 six months, and shall publish the journal of their pio ceedings monthly, except such parts thereof relating to treaties, alliances, or military operations as in their judgment require secrecy ; and the yeas and nays of the delegates of each State, on any question, shall be entered on the journal when it is desired by any dele- gate; and the delegates of a State, or any of them, at his or their request, shall be furnished with a transcript of the said journal except such parts as are above ex- cepted, to lay before the Legislatures of the several States. ARTICLE X. The Committee of the States, or any nine of them, shall be authorized to execute, in the recess of Congress, such of the powers of Congress as the United States, in Congress assembled, by the con- sent of nine States, shall, from time to time, think ex- pedient to vest them with ; provided that no power be delegated to the said Committee, for the exercise of which, by the Articles of Confederation, the voice of nine States in the Congress of the United States as- Bumbled is requisite. ARTICLE XL Canada, acceding to this Confedera tion, and joining in the measures of the United States, shall be admitted into, and entitled to all the advan- tages of this Union; but no other colony shall be ad- mitted into the same, unless such admission be agreed to by nine States. ARTICLE XII. All bills of credit emitted, moneys borrowed, and debts contracted by or -under the authority of Congress, before the assemblibj of th* 260 Appendix A. United States, in pursuance of the present Confedera tion, shall be deemed and considered as a charge against the United States, for payment and satisfaction whereof the said United States and the public faith are hereby solemnly pledged. ARTICLE XIII. Every State shdl abide by the determinations of the United States, in Congress as sembled, on all questions which by this Confederation are submitted to them. And the Articles of this Con- federation shall be inviolably observed by every State and the Union shall be perpetual ; nor shall any altera- tion at any time hereafter be made in any of them, unless such alteration be agreed to in a Congress of the United States, and be afterwards confirmed by the Legislatures of every State. AND WHEREAS it hath pleased the great Governoi of the world to incline the hearts of the Legislatures we respectively represent in Congress to approve of, and to authorize us to ratify, the said Articles of Con- federation and perpetual Union, know ye, that we, the undersigned delegates, by virtue of the power and authority to us given for that purpose, do, by these presents, in the name and in behalf of our respective constituents, fully and entirely ratify and confirm each and every of the said Articles of Confederation and perpetual Union, and all and singular the matters and things therein contained. And we do further sol emnly plight and engage the faith of our respective constituents, that they shall abide by the determinations )f the United States, in Congress assembled, on all Articles of Confederation. 261 questions which by the said Confederation are sub- mitted to them ; and that the Articles thereof shall be inviolably observed by the States we respectively repre- sent, and that the Union shall be perpetual. In wit- ness whereof, we have hereunto set our hands in Con- gress. Done at Philadelphia, in the State of Pennsyl- vania, the ninth day of July, in the year of our Lord 1778, and in the third year of the Independence of America. APPENDIX B. Constitution of the United States of America. PREAMBLE. 1 WE the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquillity, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America. ARTICLE I. LEGISLATIVE DEPARTMENT. Section I. Congress in General? All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. Section II. House of Representatives. i. The House of Representatives shall be composed of members chosen every second year by the people of the several States ; and the electors in each State shal) 1 Compare the Preamble with Confederation Articles I and IIL Compare Article I, I-VII with Confed. Article V. 262 The Constitution. 263 have die qualifications requisite for electors of the most numerous branch of the State Legislature. 2. No person shall be a representative who shall not have attained to the age of twenty-five years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State in which he shall be chosen. 3. Representatives and direct taxes shall be appci- tioned among the several States which may be included within this Union, according to their respective num- bers, which shall be determined by adding to the whole number of free persons, including those bound to serv- ice for a term of years, and excluding Indians not taxed, three-fifths of all other persons. The actual enumera- tion shall be made within three years after the first meeting of the Congress of the United States, and within every subsequent term of ten years, in such manner as they shall by law direct. The number of representatives shall not exceed one for every thirty thousand, but each State shall have at least one repre- sentative ; and until such enumeration shall be made, the State of New Hampshire shall be entitled to choose three, Massachusetts eight, Rhode Island and Provi- dence Plantations one, Connecticut five, New York six, New Jersey four, Pennsylvania eight, Delaware one Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three. 4. When vacancies happen in the representation from any State, the executive authority thereof shall issue writs of election to fill such vacancies. 264 Appendix B. 5. The House :>f Representatives shall choose then speaker and other officers, and shall have the sol* power of impeachment. Section III. Senate. 1. The Senate of the United States shall be com- posed of two senators from each State, chosen by the Legislature thereof for six years, and each senator shall have one vote. 2. Immediately after they shall be assembled in con- sequence of the first election, they shall be divided, as equally as may be, into three classes. The seats of the senators of the first class shall be vacated at the expira- tion of the second year, of the second class at the ex- piration of the fourth year, and of the third class at the expiration of the sixth year, so that one-third may be chosen every second year ; and if vacancies happen, by resignation or otherwise, during the recess of the Legislature of any State, the executive thereof may make temporary appointments until the next meeting of the Legislature, which shall then fill such vacancies. 3. No person shall be a senator who shall not have attained to the age of thirty years, and been nine years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State for which he shall be chosen. 4. The Vice- President of the United States shall be President of the Senate, but shall have no vote, unless they be equally divided. 5. The Senate shall choose their officers, and also * The Constitution 265 president pro tempore, in the absence of the Vici Pres ident, or when he shall exercise the office of President of the United States. 6. The Senate shall have the sole power to try aL' impeachments. When sitting for that purpose, they shall be on oath or affirmation. When the President of the United States is tried, the chief justice shall pie- side; and no person shall be convicted without the concurrence of two-thirds of the members present. 7. Judgment in case of impeachment shall not extend farther than to removal from office, and disqualification to hold and enjoy any office of honor, trust, or profit under the United States ; but the party convicted shall, nevertheless, be liable and subject to indictment, trial, iudgment, and punishment according to law. Section IV. Both Houses. 1. The times, places, and manner of holding elec- tions for senators and representatives shall be pre- scribed in each State by the Legislature thereof; but the Congress may at any time, by law, make or alter such regulations, except as to the place of choosing senators. 2. The Congress shall assemble at least once in every year, and such meeting shall be on the first Mon- day in December, unless they shall by law appoint a different day. Section V. The Houses Separately. i. Each house shall be the judge of the elections, returns, and qualifications of its own members, and 9 266 Appendix B. majority of each shall constitute a quorum to do busi ness ; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner and under such penalties as each house may pro/ide. 2. Each house may determine the rules of its pro- ceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a mem- ber. 3. Each house shall keep a journal of its proceed- ings, and from time to time publish the same, except- ing such parts as may in their judgment require secrecy ; and the yeas and nays of the members of either house, on any question, shall, at the desire of one-fifth of those present, be entered on the journal. 4. Neither house during the session of Congress shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two houses shall be sitting. Section VI. Disabilities of Members. i. The senators and representatives shall receive a compensation for their services, to be ascertained by law, and paid out of the treasury of the United States. They shall in all cases, except treason, felony, breach of the peace, be privileged from arrest during their at tendance at the session of their respective houses, and in going to or returning from the same; and for any speech or debate in either house, they shall not be questioned in any other place. Tke Constitution, 267 2. No senator or representative shdl, during the rime for which he was elected, be appointed to any civil office under the authority of the United States, which shall have been created, or the emoluments whereof shall have been increased, during such time; and no person holding any office under the I nited States shall be a member of either house during his continuance in office. Section VII. Mode of Passing Laws. 1. All bills for raising revenue shall originate in the House of Representatives; but the Senate may pro- pose or concur with amendments, as on other bills. 2. Every bill which shall have passed the House of Representatives and the Senate shall, before it become a law, be presented to the President of the United States; if he approve, he shall sign it; but if not, he shall return it, with his objections, to that house in which it shall have originated, who shall enter the ob- jections at large on their journal, and proceed to re- consider it. If, after such reconsideration, two-thirds of that hcruse shall agree to pass the bill, it shall be sent, together with the objections, to the other house, oy which it shall likewise be reconsidered, and if ap- proved bt two-thirds of that house, it shall become a law. But in all such cases the votes of both houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be en- tered on the journal of each house respective y. If any bill shall not be returned by the President within teo 268 Appendix B. days (Sundays excepted) after it shall have been pre- sented to him, the same shall be a law in like mannei as if he had signed it, unless the Congress by their ad- journment prevent its return, in which case it shall not be a law. 3. Every order, resolution, or vote to which the con currence of the Senate and House of Representatives may be necessary (except on a question of adjourn- ment) shall be presented to the President of the United States ; and before the same shall take effect, shall be approved by him, or, being disapproved by him, shall be repassed by two-thirds of the Senate and House of Representatives, according to the rules and limitations Described in the case of a bill. Section VIII. Powers granted to Congress ^ The Congress shall have power : 1. To lay and collect taxes, duties, imposts, and ex cises, to pay the debts and provide for the common de- fense and general welfare of the United States ; but all duties, imposts, and excises shall be uniform throughout the United States ; 2. To borrow money on the credit of the United States; 3. To regulate commerce with foreign nations, and among th* several States, and with the Indian tribes ; 4. To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies, throughout the United States ; Compare VIII and IX with Confed. Art. IX; clause i of VIII wU| Coufed. Art. VIII; and clause 12 of 6 VIII with Confed. Art. VII. The Constitution 269 5. To coin money, regulate the value thereo and of foreign coin, and fix the standard of weights and meas- ures; 6. To provide for the punishment of counterfeiting the securities and current coin of the United States ; 7. To establish post-offices and post-roads; 8. To promote the progress of science and usefu arts, by securing for limited times to authors and in- ventors the exclusive right to their respective writings and discoveries; 9. To constitute tribunals inferior tc the Supreme Court ; 10. To define and punish felonies committed on the high seas, and offenses against the law of nations; 11. To declare war, grant letters of marque and re- prisal, and make rules concerning captures on land and water ; 12. To raise and support armies; but no appropria- tion of money to that use shall be for a longer term than two years ; 13. To provide and maintain a navy; 14. To make rules for the government and regula tion of the land naval forces ; 15. To provide for calling forth the militia to exe- cute the laws of the Union, suppress insurrections, and repel invasions; 1 6. To provide for organizing, arming, and disci- plining the militia, and for governing such part of their as may be employed in the service of the United States ; reserving to the States respectively the appointment of 270 Appendix B. the officers, and the authority of training the militU according to the discipline prescribed by Congress; 17. To exercise exclusive legislation, in all cases whatsoever, over such district (not exceeding ten miles square) as may, by cession of particular States and the acceptance of Congress, become the seat of govern- ment of the United States, and to* exercise like author- ity over all places purchased, by the consent of the Legislature of the State in which the same shall be, foi the erection of forts, magazines, arsenals, dock-yards, and other needful buildings ; and 1 8. To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or office thereof. / Section IX. Powers denied to the United States. 1. The migration or importation of such persons as any of the States now existing shall think proper to ad- mit shall not be prohibited by the Congress prior to the year one thousand eight hundred and eight; but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person. 2. The privilege of the writ of habeas corpus shall not be suspended unless when, in case of rebellion 01 invasion, the public safety may require it. 3. No bill of attainder, or ex-post-facto law, shall be passed. 4. No capitation or othei direct tax shall be laid V The Constitution. 271 unless in proportion to the census or enumeration here in before directed to be taken. 5. No tax or duty shall be laid on articles exported from any State. 6. No preference shall be given by any regulation of commerce or revenue to the ports of one Su*e ovel those of another; nor shall vessels bound to or from one State be obliged to enter, clear, or pay duties in another. 7. No money shall be drawn from the treasury but in consequence of appropriations made by law; and a regular statement and account of the receipts and ex- penditures of all public money shall be published from time to time. 8. No title of nobility shall be granted by the United States; and no person holding any office of profit 01 trust under them shall, without the consent of the Con- gress, accept of any present, emolument, office, or title of any kind whatever, from any king, prince, or for- eign state. Section X. Powers denied to the States. 1 1. No State shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin money; emit bills of credit; make any thing 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 cf contracts; or grant any title of nobility. 2. No State shall, without the consent of the Con Compare Article I, X with Confed. Art. VI 272 Appendix B. gress, lay any imposts or duties on imports 01 exports except what may be absolutely necessary for executing its inspection laws ; and the net produce of all duties and imposts laid by any State on imports or exports shall be for the use of the treasury of the United States, and all such laws shall be subject to the revision and control of the Congress. 3. No State shall, without the consent of Congress, 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 such imminent danger as will not admit of delays. ARTICLE II. EXECUTIVE DEPARTMENT.' Section I. President and Vice- President. 1. The executive power shall be vested in a Presi- dent of the United States of America. He shall hold his office during the term of four years, and, together with the Vice- President, chosen for the same term, be elected as follows : 2. Each State shall appoint, in such manner as the Legislature thereof may direct, a number of electors, equal to the whole number of senators and representa- tives to which the State may be entitled in the Congress; but no senator or representative, or person holding an office of trust or profit under the United States, shall be appointed an elector. 3. [The electors shall meet in their respective States. 1 Compar* Article II .vith Cor feel Art. X. The Constitution. 273 Hid vote by ballot for two persons, of whom one at least shall not be an inhabitant of the same State with tnemselves. And they shall make a list of all the per- sons voted for, and of the number of votes for each ; which list they shall sign and certify, and transmit ealed, to the seat of the government of the United States, directed to the President of the Senate. The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the cer- tificates, and the votes shall then be counted. The person having the greatest number of votes shall be the President, if such number be a majority of the whole number of electers appointed; and if there be more than one who have such majority, and have an equal number of votes, then the House of Representatives shall immediately choose by ballot one of them for President; and if no person have a majority, then, from the five highest on the list, the said House shall in like manner choose the President. But in choosing the President, the votes shall be taken by States, the repre- sentation from each State having one vote ; a quorum for this purpose shall consist of a member or members from two-thirds of the States, and a majority of all the States shall be necessary to a choice. In every case, after the choice of the President, the person having the greatest number of votes of the electors shall \>e the Vice-President. But if there should remain two or more who have equal votes, the Senate shall choose from them by ballot the Vice-President.] 1 1 Altered by the Xllth Amendment. 2J4 Appendix B. 4. The Congress may determine the time of choosing the electors, and the day on which they shall give their votes, which day shall be the same throughout the United States. 5. No person except a natural-born citizen, or a citi- zen of the United States at the time of the adoption of this Constitution, shall be eligible to the office of Presi- dent; neither shall any person be eligible to that office ifcho shall not have attained to the age of thirty-five years, and been fourteen years a resident within the United States. 6. In case of the removal of the President from of- fice, or of his death, resignation, or inability to dis- charge the powers and duties of the said office, the same shall devolve on the Vice- President ; and the Con- gress may by law provide for the case of removal, death, resignation, or inability, both of the President and Vice-President, declaring what officer shall then act as President ; and such officer shall act accordingly, until the disability be removed or a President shall be elected. 7. The President shall, at stated times, receive for his services a compensation, which shall neither be in- creased nor diminished during the period for which he shall have been elected, and he shall not receive within that period any other emolument from the United States, or any of them. 8. Before he enter on the execution of his office, he shall take the following oath or affirmation : *' I do solemnly swear (or affirm) that I will faith The Constitution. 275 fully execute the office of President of the United States, and will, to the best of my ability, preserve, pro- tect, and defend the Constitution of the United States." Section II. Powers of the President. 1 . The President shall be commander-in-chief of the arm}- and navy of the United States, and of the militia of the several States when called into the actual serv- ice of the United States; he may require the opinion in writing of the principal officer in each of the execu- tive departments upon any subject relating to the du- ties of their respective offices ; and he shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment. 2. He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two- thirds of the senators present concur; and he shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public min- isters and consuls, judges of the Supreme Court, and all other officers of the United States, whose appoint- ments are not herein otherwise provided for and which shall be established by law; but the Congress ma} by law vest the appointment of such inferior officers as they think proper in the President alone, in the courts of law, or in the heads of departments. 3. The President shall have power to fill up all va- cancies that may happen during the recess of the Sen- ate, by granting commissions, which shall expire at thfl end of their next session. 276 Appendix B. ( Secdon III. Duties of the President. He shall, from time to time, give to the Congress in- formation of the state of the Union, and recommend U their consideration such measures as he shall judge nec- essary and expedient; he may, on extraordinary occa- sions, convene both houses, or either of them ; and io case of disagreement between them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper ; he shall receive ambassa- dors and other public ministers ; he shall take care that the laws be faithfully executed, and shall commission all the officers of the United States. Section IV. Impeachment of the President. The President, Vice-President, and all civil officers of the United States shall be removed from office on impeachment for and conviction of treason, bribery, or other high crimes and misdemeanors. ARTICLE III. JUDICIAL DEPARTMENT.' Section I. United States Courts. The judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts as Congress may from time to time ordain and establish. The judges, both of the supreme and in- ferior courts, shall hold their offices during good be- havior ; and shall, at stated times, receive for their serv- ices a compensation, which shall not be diminished during their continuance in office. 1 The Confederacy had no such pro'ision as Article III of the Constitution except the attempt to make a Congressional Court in Cor.fed. Art IX. The Constitution. 277 Section II. Jurisdiction of the United States Courts. 1. The judicial power shall extend to all cases in law and equity arising under this Constitution, the laws cf the United States, and treaties made or which shall bf made, under their authority ; to all cases affecting am- bassadors, other public ministers, and consuls; to all cases of admiralty and maritime jurisdiction ; to con- troversies to which the United States shall be a party; to controversies between two or more States ; between a State and citizens of another State; between citizens of different States ; between citizens of the same State claiming lands under grants of different States ; and be- tween a State, or the citizens thereof, and foreign states, citizens, or subjects. 1 2. In all cases affecting ambassadors, other public ministers, and consuls, and those in which a State shall be a party, the Supreme Court shall have original ju- risdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions and under such regulations as the Congress shall make. 3. The trial of all crimes, except in cases of impeach- ment, shall be by jury ; and such trial shall be held in he State where the said crimes shall have been com- mitted ; but when not committed within any State, the trial shall be at such place or places as the Congresi may by law have directed. Section HI. Treason. i. Treason against the United States shall consist 1 Altered by Xlth Amendment 278 Appendix B. oniy in levying war against them, or in adhering tt their enemies, giving them aid and comfort. No pen son shall be convicted of treason unless on the testi mony of two witnesses to the same overt act, or oc confession in open court. 2. The Congress shall have power to declare thfl punishment of treason ; but no attainder of treason shall work corruption of blood, or forfeiture, except during the life of the person attainted. ARTICLE IV. THE STATES AND THE FEDERAL GOV- ERNMENT. 1 Section I. State Records. Full faith and credit shall be given in each State to the public acts, records, and judicial proceedings of every other State. And the Congress may, by general laws, prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof. Section II. Privileges of Citizens, etc. 1. The citizens of each State shall be entitled to all privileges and immunities of citizens in the several States. 2. A person charged in any State with treason, fel- or 7, or other crime, who shall flee from justice and t* found in another State, shall, on demand of the execu tive authority of the State from which he fled, be de- livered up, tc be removed to the State having jurisdio tion of the crime. Compare Article IV with Confed. Art IV. The Constitution. 279 3. No person held to service or labor in one State under the laws thereof, escaping into another, shall, ic consequence of any law or regulation therein, be dis- charged from such service or labor, but shall be deliv- ered up on claim of the party to whom such service o labor may be due. Section III. New States and Territories.^ 1. New States may be admitted by the Congress into this Union ; but no new State shall be formed or erected within the jurisdiction of any other State; nor any State be formed by the junction of two or more States, or parts of States, without the consent of the Legislatures of the States concerned, as well as of the Congress. 2. The Congress shall have power to dispose of, and make all needful rules and regulations respecting, the territory or other property belonging to the United States; and nothing in this Constitution shall be so construed as to prejudice any claims of the United States or of any particular State. Section IV. Guarantee to the States. The United States shall guarantee to every State in vhis Union a republican form of government, and shall protect each of them against invasion; and, on appli- cation of the Legislature, or of the executive (when the Legislature cannot be convened), against domestic vio- lence. 1 Compare Article IV, {HI with Confed A.rt. XL 280 Appendix B. ARTICLE V. POWER OF AMENDMENT^ The Congress, whenever two-thirds of both Housei shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the Legis- latures of two-thirds of the several States, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes as part of this Constitution, when ratified by the Legislatures of three-fourths of the several States, or by conventions in three-fourths thereof, as the one or the other mode of ratification maybe proposed by Congress; provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first Article ; and that no State, without its consent, shall be deprived of its equal suffrage in the Senate. ARTICLE VI. PUBLIC DEBT, SUPREMACY OF THE CON- STITUTION, OATH OF OFFICE, RELIGIOUS TEST.* 1. All debts contracted and engagements entered into before the adoption of this Constitution shall be as valid against the United States under this Constitu- tion as undsr the Confederation. 2. This Constitution, and the laws of the Unite! States which shall be made in pursuance thereof, and all treaties made, or which shall be made, under the 1 Compir? Article V with Confed. Art. XIII (last sentence). * Compare Article V I, clause i, with Confed. Art. XII ; and clauses a VM j with Confer? Art XIII and addendum, "And whereas," etc. The Constitution. 281 authority of the United States, shall be the supreme "raw of the land ; and the judges in every State shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding. 3. The senators and representatives before-men- tioned, and the members of the several State Legisla tures, and all executive and judicial officers, both of the United Str.tes and of the several States, shall be bound by oath or affirmation to support this Constitution ; but no religious test shall ever be required as a qualifi- cation to any office or public trust under the United States. ARTICLE VII. RATIFICATION OF THE CONSTITUTION. The ratifications of the Conventions of nine States shall be sufficient for the establishment of this Consti- tution between the States so ratifying the same. Done in Convention, by the unanimous consent of the States present, the seventeenth day of September, in the year of our Lord one thousand seven hir^red and eighty-seven, and of the Independence oi die United States of America the twelfth. AMENDMENTS TO THE CONSTITUTION. ARTICLE I. Congress shall make no law respecting an establish ment of religion, or prohibiting the free exercise there ti : or abridging the freedom of speech, or of the pres? 282 Appendix b. or the right of the people peaceably to assemble, ana to petition the government for a redress of grievances. ARTICLE II. A well regulated militia being necessary to the se- curity of a free state, the right of the people to keep and bear arms shall not be infringed. ARTICLE III. No soldier shall, in time of peace, be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law. ARTICLE IV. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures shall not be violated, and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. \ ARTICLE V. No person shall be held to answer for a capital, 01 otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia when in act iva service in time of war or public danger; nor shal any person be subject for the same offense to be twice put in jeopardy of life or limb ; nor shall be compelled, in any criminal case, to be a witness against himself j nor be deprived of life, liberty, or property, without due The Constitution. 283 process of law ; nor shall private property be taken foi public use without just compensation. ARTICLE VI. In all criminal prosecutions, the accused shall enjoy he fight to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be con- fronted with the witnesses against him ; to have com- pulsory process for obtaining witnesses in his favoi ; and to have the assistance of counsel for his defense. ARTICLE VII. In suits at common law, where the value in con- troversy shall exceed twenty dollars, the right of trial by jury shall be preserved ; and no fact tried by a jury shall be otherwise re-examined in any court of the United States than according to the rules of the com- mon law. ARTICLE VIII. Excessive bail shall not be required, nor excessive fin^s imposed, nor cruel and unusual punishment in flicted. ARTICLE IX. The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others re> tained by the people. 284 Appendix B. ARTICLE X. 1 The powers noi granted to the United Slates by eh Constitution, nor prohibited by it to the States, are re- served to the States respectively or to the people. ARTICLE XL 2 The judicial power of the United States shall not be construed to extend to any suit in law or equity, com- menced or prosecuted against one of the United States by citizens of another State, or by citizens or subjects of any foreign State. ARTICLE XII. 3 i. The electors shall meet in their respective States, and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same State with themselves ; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice- President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of government of the United States, directed to the President of the Senate; the President 1 Compare the Xth Amendment with Confed. Art. II. The first ten Aresadments were proposed by Congress, September 25th, 1789, and declarea in fores, December isth, 1791. * Proposed by Congress M?jch 5th, 1794, and declared in force January 8th, 1798. * Proposed by Congress December iztb, 1803, and declared in forcr Septeo In ?;th, 1804. The Constitution. 285 of the Senate shall, in the presence of the Senate and House >f Representatives, open all the certificates, and the vote* shall then be counted ; the person having the greatest number of votes for President shall be the President, if such number be a majority of the whole number ol electors appointed; and if no person have such majority, then from the persons having the highest numbers, hot exceeding three, on the list of those voted for as Pre-sident, the House of Representatives shall choose immediately by ballot the President. But in choosing the President, the votes shall be taken by States, the representation from each State having one vote ; a quorum for this purpose shall consist of a mem- ber or members from two-thirds of the States, and a majority of all the States shall be necessary to a choice. And if the House of Representatives shall not choose a President, whenever the right of choice shall devolve upon them, before the fourth day of March next fol- lowing, then the Vice-President shall act as President, as in the case of death or other constitutional disability of the President. 2. The person having the greatest number of votes as Vice-President shall be the Vice-President, if such number be a majority of the whole number of electors appointed, and if no person have a majority, then from the two highest numbers on the list the Senate shall choose the Vice-President ; a quorum for the purpose shall consist of two-thirds of the whole number of sen- ators, and a majority cf the whole number shall be nec- essary to a choice. 286 Appendix B. 3. But no person constitutionally r eligible to thi office of President shall be eligible to that of Vice- Pres- ident of the United States. ARTICLE XIII. 1 1. Neither slavery nor involuntary servitude, except s a punishment for crime whereof the party shall have oeen duly convicted, shall exist within the United States, or any place subject to their jurisdiction. 2. Congress shall have power to enforce this article by appropriate legislation. ARTICLE XIV. 2 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citi- zens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States ; nor shall any State deprive any per- son of life, liberty, or property, without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws. 2. Representatives shall be apportioned among the several States according to their respective numbers, Counting the whole number of persons in each States, xcluding Indians not taxed. But when the right tc vote at any elec ion for the choice of electors for Presi- 1 Proposed by Congress February ist, 1865, and declared in force Decent bei 1 8th, 1865. 1 Proposed by Congres* June i6th, -866, and declared in force July 281)1 1868, The Constitution. 287 dent and Vice- President of the United States, represent- atives in Congress, the executive and judicial officers of a State, or the members of the Legislature thereof is denied to any of the male members of such State, be- ing twenty-one years of age, and citizens of the United States, or in any way abridged, except for participatioa in rebellion or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State. 3. No person shall be a senator or representative in Congress, or elector of President and Vice- President, or holding any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an offi- cer 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, shall have engaged in insurrection or rebellion against the same, or given aid and comfort to the enemies thereof. But Congress may, by a vote of two-thirds of each House, reroove such disability. 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in sup- pressing insurrection or rebellion, shall not be ques tioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United State% 288 Appendix B. or any claim for the loss or emancipation of any but all such debts, obligations, and claims shall be helci illegal and void. 5. Th? Congress shall have power to enforce by ap- propriate legislation the provisions of this article. ARTICLE XV. 1 1 . The right of the citizens of the United States td vote shall not be denied or abridged by the United States or any State on account of race, color, or previ ous condition of servitude. 2. The Congress shall have power to enforce the provisions of this article by appropriate legislation. 1 Proposed by Congress February a6th, 1869, and declared in force March 30th, 1870. Admission of the States. 289 APPENDIX C. ADMISSION OF THE STATES. 1 I. Delaware, 4 Dec. 7, 1787. a. Pennsylvania,* Dec. 12, 1787. 3. New Jersey, 2 Dec. 18, 1787. 4. Georgia, 2 Jan. 2, 1788. 5. Connecticut,* Jan. 9, 1788. 6. Massachusetts, 8 Feb. 7, 1788. 7. Maryland,* April 28, 1788. 8. South Carolina,* May 23, 1788. 9. New Hampshire, 8 June 21, 1788. 10. Virginia,* June 26, 1788. 11. New York, 2 July 26, 1788. 12. North Carolina, 8 Nov. 21, 1789. 13. Rhode Island, 8 May 29, 1790. 14. Kentucky, June I, 1792. f5. Vermont, March 4, 1791. 16. Tennessee, June I, 1796. 7. Ohio, Nov. 29, 1802. 18. Louisiana, April jo, 1813. 19. Indiana, Dec. n, 1816. 20. Mississippi, Dec. 10, 1817 21. Illinois, Dec. 3, 1818. 22. Alabama, Dec. 14, 1819. 23. Maine, March 15, 1820. 24. Missouri, Aug. 10, 1821. 25. Arkansas, June 15, 18367 26. Michigan, Jan. 26, 1837. 27. Florida, March 3, 1845. 28. Texas, Dec. 29, 1845. 29. Iowa, Dec. 28, 1846. 30. Wisconsin, May 29, 1848. 31. California, Sept. 9, 1850. 32. Minnesota, May II, 1858. 33. Oregon, Feb. 14, 1859. 34. Kansas, Jan. 29, 1861. 35. West Virginia, June 19, 1863. 36. Nevada, Oct. 31, 1864. 37. Nebraska, March I, 1867. 38. Colorado, Aug. I, 1876. 1 The dates given, after the first thirteen States, are those upon which th< Emissions took effect. ' Ratified the Constitution and became States. Appmdix D. 00 jo & I ~ .H 01 Jg&t&UJgJlB o Votes for President, 1789-1876. 291 ^ tA V .f gjf ^ 1 Jl * .-J-3 B|l | . S^^ fc"| - s -0 Js *^> * "O W 9 "^wiuiWW eJVn J ^ 4J rt rt ^ rt rt "Tl ^* 1 4J I cE?Bg> afial5&78&fl c ^SS^S.SigxEg-c >2>O H ^H H < cfl O O ^^O -2 c * c -Mi* o 9 u .S 2 .S : ^ Af g ^ e . vug. O U *~> 3 cS U ^~ S g3 * 5* rC^ 2 C < ^'~ 1 As ss^sj ,cnd fS^AuA n of 1800 ; sre page 49 2 *rf ^.c'^c tfl y t/) y t/3 y f _ The disputed elec ^ O - v ^ r^ ^ & is. "a. 4>S**** o^iU^ s^> s- - Q O< -o P-'O ^" i h^iSa * vO O \rt C &> & t* Appendix D. t/i ^ 11 r-j 1) ^WS d 1 ii Of*! C<^ j: g cS^22A rS " 34, .^ SrS- H rf N VO t~ OO OMi fOTj- <4 pUOJOSia VO 2 "* M OO oo to || a V c QJ ^ ^5 S ^ 5 N HI O o *-* tS ^ c s =" u" ^ . .a 55 2 . s i *^ rt g S a JO c o a &i rtO ^ 4 s t> i) ^ l> S S !> h o rf p o a rq C v5 J2JZ 5 u^3 H CJ H ^ HU 4.O U t ,Q i ,p< 1 3 "g 3*2 3 .2 S .2 32 31J s S 3 5 D--d &i T3 D jj I) OJ c^-a CL ^3 O y JJ *S3JO^ *^3 3 |3 o ^o 'S S 1 B *X M M N Votes for President, 1789- 1876. 293 0030 tf w jc^ H|f rf ^ ^s i -* S b -^ _e o rt 3 53 y .s 73 >: ^ ^ pt; c rt 2 ^ s "d "- -^ s a'3 " c5 .3 STJ'^^H^ ^5^"^^ rt3G SlUpob* .y3"o.i! ^rt^C- 1 " "o--5 ' r o^' u ? a o . .CJ vo ON ior- w * a, 294 Appendix D, TfCO 1-1 1-1 O ""> - 'j cS C C ^3 B-i 8 5 S3JEJS lOt>. M IH 1-1 .,S 4 * v a>.* *-* r~ *-* 6c e "S ^ l - us o g BJ rt M rt i *a > >HH i > N ii-J i* 2 1.* Ig Whig, Democr Free Soi Votes for President, 1789-1876. 295 ' S^" 00 O N N ON OO t n CO " NOO ~&$ vO t-" oo tj- N V S 3 M hfl T* S f* M ^ t? ^ C ~ rs o c" S c" %U S U " . G v> C > S ^J 3Q1 OS - O i- KD 71 JJ C G > - -s Is-^s S^B S| *^ ^1 rt -^rv ' S o cJ s 1 " 1 * C o.^. rt C CJ <* . rt g -T3 -0 o C CJ ^ g^^ ^ ^ O >-^J J-4 | Hi ' T ^ <0 wfe E M H-, 'f N rf ^-00 O N N ON N n rj- O ro vO !/) ^" OO t- 11 CO " NOO -00 -N 00 H 11 " 1 ON * r}- N ror-* t^u-> to O O\X> 1 t~ t--. tt- VO vO fO u^vO "TOO VO N t - 11 Tj-UI-l i ts m to^ 10 O t^ O vO O O * 11 \O vO 00 w * VO "T LD ON vO OO U^ ON t"** ^" ON QOO "I VO to >i OO COOO 00^ X) four N OO O n 3icT t^N" N O\ n l^ N to H M N ton N " vO 00 to to Franklin Pierce, Winfield Scott, John P. Hale, James Buchanan, John C. Fremont, Millard Fillmore, Abraham Lincoln, J. C. Breckinridge, S. A. Douglas, John Bell, Abraham Lincoln, Geo. B. McClellan, Vacancies, 1 Ulysses S. Grant, Horatio Seymour, Vacancies,* S3 vO t/l rt t/2 5su ^ d. >, 19 E c 2 o . , o >,- f. (.0 y o o c c y 3 O p 1 O 13 g ttf u S O rs ri . S'rt II *T3 "rt |^ &3 S | g_5 1~ 1* l-> 4-1 S o o c U s o II 1 O.B 0.6 1 & fil &q U OJ ftiQ VO to rt- J-M VO N N to to to to _ fO vO ^ ^ fO ro to to (4 vO Q * oo N VO *> 00 OO 06 oo oo 296 Appendix D. -" c < -uT -43".- Er 5 "= " 5- JS r?Tg .5 < s 7: < Js O "^ t ' ON O 00 t- O II Isl., uj in o c/5 D r; . S S > < ,3 " i: o 453 i>9 6l >374 l8oO 2,684,616 2,621,316 1810 3.75 8 >9 10 3,480,902 1820 5. J 5 2 37 2 4,485,819 1830 7,006,399 5,848,312 1840 9>733>9 22 7,334,433 1850 i3>599>488 9> 66 3997 1860 19,128,418 i2,3i537 298 Appendix F. APPENDIX F. CONGRESSIONAL REPRESENTATION OF THE SECTION! 1790-1860. Year SENATE HOUSE. Free States. Slave States. Free States. Slave State*. 1790 14 12 35 3 1792 16 14 57 48 1796 16 16 57 49 1800 16 16 57 49 1804 18 16 77 65 1808 18 16 77 65 1812 18 18 103 79 1816 20 18 104 79 1820 2 4 24 I0 5 82 1824 24 24 123 9 1828 24 24 123 90 1832 24 24 141 99 1836 26 26 142 100 1840 26 26 142 IOO 1844 26 26 '35 98 1848 3 3 139 9 1 1852 3 2 3 144 90 i8t;6 32 3 144 90 1860 36 3 '47 90 o find the Electoral Votes, add together the number of Sen: tori zn4 S praentatives. The Sections in 1870-1880. 299 APPENDIX G. THE SECTIONS IN 1870. Sections. Population in 1870. V "n \ V. s 1 92 9 8 68 28 7 Elect Vote*.] THE SOUTH : (Ala., Ark. , Fla., Ga., Ky., La., Md., Miss., N. C., S. C., Tenn., Tex., Va., W. V.), THE NORTH-WEST: (111., la., Ind., Ks., Mich., Minn., Mo., Neb., O., Wis.), 12,032,225 12,702,299 8,941,625 3.187,924 889,789 28 20 8 12 8 76 120 u 8 76 40 15 THE MIDDLE STATES: (Del., N. J., N. Y., Penn.), NEW ENGLAND : (Conn., Mass., Me., N. H., R. I., Vt.), THE PACIFIC: (Cal., Col., Nev., Or.), Total, 38,925,598 293 3 6 9 [jy The total population includes territories and Indians. THE SECTIONS IN 1880. 1 Sections. Population rt d 1 in 1880. j (f. K | THE SOUTH, 16,188,757 28 92 1 20 THE NORTH-WEST, 17,229,810 20 98 n8 THE MIDDLE STATES, 10,644,233 8 68 76 NEW ENGLAND?* 4,010,438 12 28 40 THE PACIFIC, 1,296,367 8 7 15 Total, 50,152,866 76293 3 6 9 he total population includes Territories and Indians. In Decem- ber, 1881, an Apportionment Act is not yet passed, so that Representatives and Electoral Votes remain as in 1870-80. APPENDIX H. CABINET OFFICERS OF THE ADMINISTRATIONS. I. AND II.; 1789-1797 (page 18). Secretary of State, Thomas Jefferson, Virginia, Septembei 26th, 1789; Edmund Randolph, Virginia, January 2d, 1794; Timothy Pickering, Pennsylvania, December roth, 1795. Sec- retary of Treasury, Alexander Hamilton, New York, Septem- ber nth, 1789; Oliver Wolcott, Connecticut, February ad, 1795. Secretary of War, Henry Knox, Massachusetts, Sep- tember 1 2th, 1789; Timothy Pickering, Pennsylvania, January 2d, 1795 ; James McHenry, Maryland, January 27th, 1796. Attorney- General, Edmund Randolph, Virginia, September 26th, 1789; William Bradford, Pennsylvania, January 27th, 1794; Charles Lee, Virginia, December loth, 1795. Post- master-General, 1 Samuel Osgood, Massachusetts, September 26th, 1789; Timothy Pickering, Pennsylvania, August I2th, 1791 ; Joseph Habersham, Georgia, February 25th, 1795. III.; 1797-1801 (page 41). Secretary of State, Timothy Pickering, continued ; John Marshall. Virginia, May I3th, 1800. Secretary of Treasury, Oliver Wolcott, continued ; Samuel Dexter, Massachusetts, 1 Not a Cabinet officer, but a subordinate of the Treasury Department until 1829. Cabinet Officers of the Administrations, 301 January ist, 1801. Secretary of War, James McHenry, continued; Samuel Dexter, Massachusetts, May I3th, 1800; Roger Griswold, Connecticut, February 36, 1801. Secretary of Navy, 1 George Cabot, Massachusetts, May 3d, 1798; Ben- jamin Stoddert, Maryland, May 2ist, 1798. Attorney-Gen- eral, Charles Lee, continued ; Theophilus Parsons, Massachu- setts, February 2Oth, 1801. Postmaster-General, Joseph Habersham, continued. IV. AND V.; 1801-1809 (page 52). Secretary of State, James Madison, Virginia, March 5th, 1801. Secretary of Treasury, Samuel Dexter, continued; Albert Gallatin, Pennsylvania, May I4th, 1801. Secretary of War, Henry Dearborn, Massachusetts, March 5th, 1801. Secretary of Navy, Benjamin Stoddert, continued ; Robert Smith, Maryland, July I5th, 1801 ; Jacob Crowninshield, Mas- sachusetts, May 3d, 1805. Attorney-General, Levi Lincoln, Massachusetts, March 5th, 1801 ; Robert Smith, Maryland, March 3d, 1805 ; John Breckinridge, Kentucky, August 7th, 1805 ; Caesar A. Rodney, Pennsylvania, January 2Oth, 1807. Postmaster-General, Joseph Habersham, continued ; Gid- eon Granger, Connecticut, November 28th, 1801. VI. AND VII.; 1809-1817 (page 69). Secretary of State, Robert Smith, Maryland, March 6th, 1809; James Monroe, Virginia, April 2d, 1811. Secretary of Treasury, Albert Gallatin, continued ; George W. Camp- bell, Tennessee, February gth, 1814; A. J. Dallas, Pennsyl- 1 Naval affairs were under the control of the Secretary of War until a sepa- rate Navy Department was organized by Act of April soth, 1798. The Acts organizing the other Departments were of the following dates : State, Sep- tember i5th, 1789 ; Treasury, September ad. 1789 : War, August 7th, 1789. The Attorney-General's duties were regulated by the Judiciary Act of Sep- tember 24th, 1789. 3O2 American Politics. vania, October 6th, 1814 ; William H. Crawford, Georgia, October 22d, 1816. Secretary of War, William Eustis, Massachusetts, March 7th, 1809; John Armstrong, New York, January I3th, 1813; James Monroe, Virginia, September 27th, 1814; William H. Crawford, Georgia, August ist, 1815. Secretary of Navy, Paul Hamilton, South Carolina, March 7th, 1809; William Jones, Pennsylvania, January i2th, 1813; B. W. Crowninshield, Massachusetts, December igth, 1814. Attorney-General, C. A. Rodney, continued ; William Pinck- ney, Maryland, December nth, 1811 ; Richard Rush, Pennsyl- vania, February roth, 1814. Postmaster-General, Gideon Granger, continued; Return J. Meigs, Ohio, March I7th, 1814. VIII. AND IX ; 1817-1825 (page 83). Secretary of State, John Quincy Adams, Massachusetts, March 5th, 1817. Secretary of Treasury, William H. Craw- ford, continued. Secretary of War, George Graham, Vir- ginia, April 7th, 1817 ; John C. Calhoun, South Carolina, Oc- tober 8th, 1817. Secretary of Navy, B. W. Crowninshield, continued ; Smith Thompson, New York, November gth, 1818 ; John Rogers, Massachusetts, September ist, 1823 ; Samuel L. Southard, New Jersey, September i6th, 1823. Attorney- General, Richard Rush, continued ; William Wirt, Virginia, November I3th, 1817. Postmaster-General, R. J. Meigs, continued; John McLean, Ohio, June 26th, 1823. X.; 1825-1829 (page 96). Secretary of State, Henry Clay, Kentucky, March 7th, 1825. Secretary of Treasury, Richard Rush, Pennsylvania, March 7th, 1825. Secretary of War, James Barbour, Vir- ginia, March 7th, 1825; Peter B. Porter, New York, May 26th, 1828. Secretary of Navy, S. L. Southard, continued. Attorney-General, William Wirt, continued. Postmaster- General, John McLean, continued. Cabinet Officers of the Administrations. 303 XI. AND XII.; 1829-1837 (page 102). Secretary of State, Martin Van Buren, New York, March 6th, 1829; Edward Livingston, Louisiana, May 24th, 1831; Louis McLane, Delaware, May 29th, 1833; John Forsyth, Georgia, June 27th, 1834. Secretary of Treasury, Samuel D. Ingham, Pennsylvania, March 6th, 1829 ; Louis McLnne, Delaware, August 8th, 1831 ; William J. Duane, Pennsylvania, May 29th, 1833 ; Roger B. Taney, Maryland, September 23d, 1833 ; Levi Woodbury, New Hampshire, June 27th, 1834. Secretary of War, John H. Eaton, Tennessee, March gth, 1829; Lewis Cass, Michigan, August ist, 1831 ; Benjamin F. Butler, New York, March 3d, 1837. Secretary of Navy. John Branch, North Carolina, March gth, 1829; Levi Wood- bury, New Hampshire, May 23d, 1831 ; Mahlon Dickerson, New Jersey, June 3Oth, 1834. Attorney-General, John M. Berrien, Georgia, March gth, 1829 ; Roger B. Taney, Maryland, July 20111,1831 ; Benjamin F. Butler, New York, November iSth, 1833. Postmaster- General, William T. Barry, Kentucky, March gth, 1829; Amos Kendall, Kentucky, May ist, 1835. XIII.; 1837-1841 (page 125). Secretary of State, John Forsyth, continued. Secretary of Treasury, Levi Woodbury, continued. Secretary of War, Joel R. Poinsett, South Carolina, March 7th, 1837. Secretary of Navy, Mahlon Dickerson, continued ; James K. Paulding, New York, June 25th, 1838. Attorney-General, Benjamin K. Butler, continued; Felix Grundy, Tennessee, July 5th, 1838; Henry D. Gilpin, Pennsylvania, January nth, 1840. Postmaster-General, Amos Kendall, continued; John M. Niles, Connecticut, May igth, 1840. XIV.; 1841-1845 (page 132). Secretary of State, Daniel Webster, Massachusetts, March 5th, 1841 ; Hugh S. Legare, South Carolina, May pth, 1843 ; 304 American Politics. A. P. Upshur, Virginia, July 24th, 1843 ; John C. Calhoun, South Carolina, March 6th, 1844. Secretary of Treasury, Thomas Ewing, Ohio, March 5th, 1841 ; Walter Forward, Pennsylvania, September i3th, 1841 ; John C. Spencer, New York, March 3d, 1843 '> George M. Bibb, Kentucky, June ijth, 1844. Secretary of War, John Bell, Tennessee, March 5th, 1841 ; John McLean, Ohio, September I3th, 1841 ; John C. Spencer, New York, October I2th, 1841 ; James M. Porter, Pennsylvania, March 8th, 1843 ; William Wilkins, Pennsylva- nia, February i5th, 1844. Secretary of Navy, G. E. Badger, North Carolina, March 5th, 1841 ; A. P. Upshur, Virginia, September I3th, 1841 ; David Henshaw, Massachusetts, July 24th, 1843; T. W. Gilmer, Virginia, February I5th, 1844; John Y. Mason, Virginia, March I4th, 1844. Attorney-Gen- eral, John J. Crittenden, Kentucky, March 5th, 1841 ; Hugh S. Legare, South Carolina, September 13th, 1841 ; John Nel- son, Maryland, July ist, 1843. Postmaster-General, Fran- cis Granger, New York, March 6th, 1841 ; Charles A. Wick- liffe, Kentucky, September i3th, 1841. XV.; 1845-1849 (page 141). Secretary of State, James Buchanan, Pennsylvania, March 6th, 1845. Secretary of Treasury, Robert J. Walker, Mis- sissippi, March 6th, 1845. Secretary of War, William L. Marcy, New York, March 6th, 1845. Secretary of Navy, George Bancroft, Massachusetts, March loth, 1845 ; John Y. Mason, Virginia, September gth, 1846. Attorney-General, John Y. Mason, Virginia, March 5th, 1845 ; Nathan Clifford, Maine, October ijth, 1846. Postmaster-General, Cave Johnson, Tennessee, March 6th, 1845. XVI.; 1849-1853 (page 151). Secretary of State, John M. Clayton, Delaware, March 7th, 1849; Daniel Webster, Massachusetts, July 22d, 1850; Cabinet Officers of the Administrations. 305 Edward Everett, Massachusetts, December 6th, 1852. Secre- tary of Treasury, W. M. Meredith, Pennsylvania, March 8th, 1849; Thomas Corwin, Ohio, July 23d, 1850. Secretary of War, George W. Crawford, Georgia, March 8th, 1849 ; Win- field Scott (ad interim], July 23d, 1850 ; Charles M. Conrad, Louisiana, August I5th, 1850. Secretary of Navy, William B. Preston, Virginia, March 8th, 1849; William A. Graham, North Carolina, July 22d, 1850 ; J. P. Kennedy, Maryland, July 22d, 1852. Secretary of Interior, 1 Thomas H. Ewing, Ohio, March 8th, 1849 ; A. H. H. Stuart, Virginia, September 12th, 1850. Attorney-General, Reverdy Johnson, Maryland, March 8th, 1849; J^ n J- Crittenden, Kentucky, July 22d, 1850. Postmaster-General, Jacob Collamer, Vermont, March 8th, 1849; Nathan K. Hall, New York, July 23d, 1850; S. D. Hubbard, Connecticut, August 3ist, 1852. XVII.; 1853-1857 (page 158). Secretary of State, William L. Marcy, New York, March 7th, 1853. Secretary of Treasury, James Guthrie, Ken- tucky, March yth, 1853. Secretary of War, Jefferson Davis, Mississippi, March yth, 1853. Secretary of Navy, James C. Dobbin, North Carolina, March yth, 1853. Secretary of In- terior, Robert McClelland, Michigan, March 7th, 1853 ; Jacob Thompson, Mississippi, March 6th, 1856. Attorney-General, Caleb Gushing, Massachusetts, March yth, 1853. Postmaster- General, James Campbell, Pennsylvania, March yth, 1853. XVIII.; 1857-1861 (page 170). Secretary of State, Lewis Cass, Michigan, March 6th. 1857; J. S. Black, Pennsylvania, December iyth, 1860. Secretary of Treasury, Howell Cobb, Georgia, March 6th, 1857 ; Philip F. Thomas, Maryland, December I2th, 1860; John A. Dix, 1 Organized by Act of March 3^, 1849. 2O 306 American Politics. New York, January nth, 1861. Secretary of War, John B. Floyd, Virginia, March 6th, 1857 ; Joseph Holt, Kentucky, January 1 8th, 1861. Secretary of Navy, Isaac Toucey, Con- necticut, March 6th, 1857. Secretary of Interior, Jacob Thompson, continued. Attorney- General, J. S. Black, Pennsylvania, March 6th, 1857 ; E. M. Stanton, Pennsylvania, December 2Oth, 1860. Postmaster-General, Aaron V. Brown, Tennessee, March 6th, 1857; Joseph Holt, Kentucky, March I4th, 1859; Horatio King, Maine, February I2th, 1861. XIX. AND XX.; 1861-1869 (page 186). Secretary of State, William H. Seward, New York, March 5th, 1861. Secretary of Treasury, S. P. Chase, Ohio, March 5th, 1861 ; W. P. Fessenden, Maine, July 1st, 1864 ; Hugh McCulloch, Indiana, March 7th, 1865. Secretary of War, Simon Cameron, Pennsylvania, March 5th, 1861 ; Edwin M. Stanton, Pennsylvania, January I5th, 1862; U. S. Grant (ad interim), 1 August I2th, 1867 ; Edwin M. Stanton (reinstated), January I4th, 1868 ; J. M. Schofield, Illinois, May 28th, 1868. Secretary of Navy, Gideon Welles, Connecticut, March 5th, 1861. Secretary of Interior, Caleb P. Smith, March 5th, 1861 ; John P Usher, Indiana, January 8th, 1863; James Harlan, Iowa, May I5th, 1865 ; O. H. Browning, Illinois, July 27th, 1866. Attorney-General, Edward Bates, Mis- souri, March 5th, 1861 ; Titian J. Coffee, June 22d, 1863; James Speed, Kentucky, December 2d, 1864; Henry Stan- bery, Ohio, T u ly 2 ^ ^66 ; William M. Evarts, New York, July 151)1, 1868. Postmaster-General, Montgomery Blair, Maryland, March 5th, 1861 ; William Dennison, Ohio, Sep- tember 24th, 1864; Alexander W. Randall, Wisconsin, July 25th, 1866. 1 See p. ao$. Cabinet Officers of the Administrations. 307 XXI. AND XXII.; 1869-1877 (page 209). Secretary of State, E. B. Washburne, Illinois, March 5th, 1869; Hamilton Fish, New York, March nth, 1869. Secre- tary of Treasury, George S. Boutwell, Massachusetts, March nth, 1869; William A. Richardson, Massachusetts, March I7th, 1873; Benjamin H. Bristow, Kentucky, June ad, 1874; Lot M. Morrill, Maine, June 2ist, 1876. Secretary of War, John A. Rawhns, Illinois, March nth, 1869 ; William T. Sher- man, Ohio, September gth, 1869; William W. Belknap, Iowa, October 25th, 1869 ; Alphonso Taft, Ohio, March 8th, 1876 ; J. D. Cameron, Pennsylvania, May 22d, 1876. Secretary of Navy, Adolph E. Borie, Pennsylvania, March 5th, 1869; George M. Robeson, New Jersey, June 25th, 1869. Secretary of Interior, Jacob D. Cox, Ohio, March 5th, 1869 ; Columbus Delano, Ohio, November ist, 1870 ; Zachariah Chandler, Mich- igan, October igth, 1875. Attorney-General, E. R. Hoar, Massachusetts, March 5th, 1869 ; Amos T. Akerman, Georgia, June 23d, 1870 ; George H. Williams, Oregon, December I4th, 1871; Edwards Pierrepont, New York, April 26th, 1875; Al- phonso Taft, Ohio, May 22d, 1876. Postmaster-General, J. A. J. Creswell, Maryland, March 5th, 1869; Marshall Jewell, Connecticut, August 24th, 1874 ; James M. Tyner, Indiana, July i2th, 1876. XXIII.; 1877-1881 (page 223). Secretary of State, William M. Evarts, New York, March 1 2th, 1877. Secretary of Treasury, John Sherman, Ohio, March 8th, 1877. Secretary of War, George W. McCrary, Iowa, March i2th, 1877 ; Alexander Ramsey, Minnesota, De- cember 1 2th, 1879. Secretary of Navy, Richard W. Thomp- son, Indiana. March I2th, 1877; Nathan Goff, Jr., West Vir- ginia, January 6th, 1881. Secretary of Interior, Carl Schurz, Missouri, March i2th, 1877. Attorney-General, Charles Devens, Massachusetts, March i2th, 1877. Postmaster- 308 American Politics. General, David M. Key, Tennessee, March 12th, 1877 ; Horace Maynard, Tennessee, August 25th, 1880. XXIV.; 1881-1885 (page 247). Secretary of State, James G. Elaine, Maine, March 5th, 1 88 1 ; Frederick T. Frelinghuysen, New Jersey, December 1 2th, 1881. Secretary of Treasury, William H. Windom, Minnesota, March 5th, 1881 ; Charles J. Foiger, New York, October 27th, 1881. Secretary of War, Robert T. Lincoln, Illinois, March 5th, 1881. Secretary of Navy, W. H. Hunt, Louisiana, March 5th, 1881. Secretary of Interior, S. J, Kirkwood, Iowa, March 5th, 1881. Attorney-General, Wayne MacVeagh, Pennsylvania, March 5th, 1881 ; Benjamin H. Brewster, Pennsylvania, December i6th, 1881. Post- master-General, Thomas L. James, New York, March 5th, 1881 ; Timothy O. Howe, Wisconsin, December 2Oth, 1881. ft, 123, 177,^ 178 {note}. Abolition of Slavery, 195. Adams, C. F. , 148, 218. Adams, John, 18, 27, 39, 40, 47, 49- Adams, John Quincy, 67, 91, 95, 101, 128, 134. Adams, J. Q., Jr., 219. Admission of the States, 289. Alabama Claims, 214. Alien Law, 44. American Party, 160. American Whigs, 5. Ames, Oakes, 220. Ames, Fisher, 37. Amnesty, 201, 216, 230. Annexation of Louisiana, 55 ; of Florida, 85 , of Texas, 137- 140. Anti-Federal Party (see Demo- cratic-Republican Party}. Anti-Masonic Party, 102. Anti-Nebraska Men, 159. Arthur, C. A., 245, 246, 247. Articles of Confederation, 7, 248. BANK, NATIONAL, 23, 70 ; the second, 81 ; overthrown by Jackson, 104-118; substitutes for, 133, 155, 191. Banks, N. P., Jr., 161. Barbour, P. P., 92. Barnburners, 148. Bell, John, 181, 185. Birney, James G. , 130, 137. Jt Black Republican, 162. Blaine Amendment, 230. Blaine, James G. , 209, 214. Blair, F. P., 207. Bland Silver Bill, 239. " Bloody Bill," 113. Border Ruffians, 163. Boyd, Linn, 155, 158. Breckenridge, John C. , 166, 168, 181, 185. Bristow, B. H., 232. Broad Seal War, 128. Brooks, Preston S., 165. Brooks, James, '220. Brown, B. G., 217, 218, 221. Brown, John, 177. Buchanan, James, 166, 168, 179, 183- Burr, Aaron, 27, 39, 49, 5$, 59, 62, 64. Butler, Benjamin F. , 190. Butler, William O. , 147, 150. CABINKTS, 300. Calhoun, John C. , 71, 95, 98, 104, 108, 113. Calls for Troops, 228. Capital, The National, 23, 49. Gary, S. F. , 231. Cass, Lewis, 147, 150. Caucus Nominations, 49, 94. Censure of Jackson, 117, 122 ; of Tyler, 135. Centennial Exhibition, 230, 231. Chambers, B. J., 245. 3io Index. Chase, Salmon P., 192, 205, 211. Chase Trial, 58, 59. Cherokee Indian Case, 107, 112. Chesapeake Case, 64. Cipher Telegrams, 240. Civil Rights Bill, 199, 216, 227. Civil Service, 105, 141, 215, 247. Clay, Henry, 71, 76, 81, 83, 84, 87, 88, 93, 95,96, 103, in, 114, 117, 129, 137, 140. Clinton, De Witt, 72, 75. Clinton, George, 27, 58, 59, 66, 68. Cobb, Hovvell, 153. Cochrane, John C., 193. Colfax, iSchuyler, 193, 198, 204, 206, 207, 219. Compromise of 1820, 86, 159 ; of 1850, 153, 157, 163; Critten- den, 183. Confederation, Articles of, 6, 248 ; revision, 9. Confederate States, 184. Congress, Peace, 184. Congress, Powers of, 12. Conservatives, 127. Constitution, The, n, 15, 196, 262 ; its Amendments, 20, 34, 58, 184, 193, 194, 199, 207, 281. Constitutional Union Party, 181. Convention of 1787, 10. Conventions, Nominating, in. Cooper, Peter, 231. Copperheads, 194 (note). Corporal's Guard, 135. Courts, United States, 12. Covode Investigation, 179. Crawford, William H., 71, 82, 94, 95, 104. Crittenden, John J., 183. Cuba, 173, 180. Cumberland Road, 92. DALLAS, GEORGE M., 138, 140. Davis, Jefferson, 184. Davis, John W. , 142. Dayton, Jonathan, 36, 42. Dayton, William L. , 169, 170. Debt, Hamilton's Settlement of Public, 21. Democrat, 26, 97. Democratic Clubs, 30, 34. Democratic Party, overthrows the United States Bank, 106- 118 ; supports War with Mex- ico, 138 ; ruled by Southern members, 158 ; Division of, 180 ; opposes War against the Rebellion, 194 ; opposes Re- construction by Congress, 207. Democratic-Republican Party, 2 5> 45 I nrs t great success of, 49, 52 ; supports War with England, 71 ; division of, 80 (see thereafter Democratic Party). Demonetization of Silver, 239. Deposits, Removal of, 115. Disputed Elections, 49, 95, 124, 236. Dominica, 213, 223. Donelson, A. J., 166, 168. Dough Faces, 89 (note). Douglas, S. A., 176, 180, 184, 185. Draft Act (of 1814), 78; (of 1863), 192. Dred Scott Case, 170, 180, 185. Duane, William J., 115. ELECTION LAWS, GENERAL, 211, 2l6, 242, 243. Electoral Commission, 236. Electoral Counts, 18, 27, 40, 50, 59, 68, 75, 82, 91, 95, 101, 114, 123, 131, 140, 150, 157, 168, 185, 195, 2O7, 221, 237, 246. Electoral Votes, 290. Electors, mode of choosing, 18, 102, 239. Ellmaker, Amos, in, 114. Emancipation, 191. Embargo Bill, 65, 67, 77. England, 31, 63, 69 ; War against 73 ; Difficulties with, 102. English, Wm. H. , 245, 246. Era of Good Feeling, 92, Everett, Edward, 181, 185. Index. FAREWELL ADDRESS, Washing- ] ton's, 38 ; Jackson's, 124. Fauchet, Citizen, 34. Federal Powers, 12. Federalist, The, 16. Federal Party, 14, 25, 27, 48 ; first great defeat, 49, 53 ; op- poses the Embargo, 67 ; and War with England, 74 ; bo- comes extinct, 80. Filibustering, 174, Fillmore, Millard, 148, 150, 154, 166, 168. Florida, 234, 238. Florida Purchase, 85. Floyd, John, 112, 114. Foot's Resolution, 106. Force Bill, 113, 214, 217. France, 28, 41, 43 ; War with, 47 ; treaty with, 58 ; claims against, 102. Freedmen's Bureau, 195, 198, 200. Free Soil Party, 148, 156. Free Trade, 88. Frelinghuysen, Theodora, 137, 140. Fremont, John C. , 167, iG8, ITO, 193- French Revolution, 25, 28. Fugitive Slave Law, 154, 157, 193- GARFIELD, JAMES A., 239, 244, 246, 247. Genet, Citizen, 29, 31. Gerry, Elbridge, 72, 75. Giddings, J. R. , 134. Graham, William Alexruid^r, 156. 157- Granger, Francis, 120, 124. Grangers, 224 Grant, U. S., 205, 207, 209, 219, 221, 232, 244. Greeley, Horace, 218, 221. Greenback Party, 231, 241. Greenbacks, 191, 211, 224. Grow, G. A., 189. Gunboat System, 60. HABEAS CORPUS, 62, 192, 197, 215, 217. Hale, John P.. 156. Hamilton, Alexander, 16, 19, 21, 23- 34- 35. 48, 49. 59- 81. Hamlin, Hannibal, 181, 185. Hancock, W. S., 245, 246. Harper's Ferry, 177. Harrison, Wm. H., 120, 123, 129, 131, 132. Hartford Convention, 78, i6o. Hayes, R. B., 232, 234, 237, 242. Helper's " Impending Crisis," 178. Hendricks, T. A., 221, 232, 234, 237- Henry Documents, 72. Homestead Bill, 177, 179, 190, 199. Hunkers, 148. Hunter, R. M. T. ( 128. lMPEACHMENT(of Judge Chase, 58, 59 ; (of Judge Peck), 109 (of President Johnson), 201 205 ; (of Secretary Belknap), 231. " Impending Crisis," 178. Income Tax Law, 193. Independent Treasury, 118, 119, 126, 129. Ingersoll, Jared, 72, 75. Internal Improvements, 62, 92 94, 98, 101, 104, 107, 109, 129, 133, 136, 145, 146, 155, 161 185- Internal Revenue Law, 193. JACKSON, ANDREW, 85, 95, 97 IOI, III, 114, 117, 122, 124. Jay, John, 16, 20, 30, 33, 35. Jay's Treaty, 33, 35, 37, 4-1- Jefferson, Thomas, 20, 25, 2^ 32, 39, 40, 45, 49. 50. 53. 57. 71, 86, 105, 108. Johnson, Andrew, 194, 195, 19^ 200, 205. Johnson, H. V., 180, 185. ''ohnson, R. M., 120, 124, 131. 312 Index. Jones, J. W., 136. Julian, Geo. W. , 156. KANSAS (Pawnee Constitution), 163 ; (Topeka Constitution), 164 ; (Lecompton Constitu- tion), 175 ; (Wyandot Consti- tution), 177, 185. Kentucky Resolutions (of 1798), 46; (of 1799), 47, 97, 100, 105, 182. Kerr, M. C., 229. King, Rufus, 30, 58, 59, 66, 68, 82. King, Wm. R. , 156, 157. Kitchen Cabinet, 109. Know Nothing, 160, 181. Knox, Henry, 19. Ku Klux Klan, 212. LANE, JOSEPH, 181, 185. Lecompton Constitution, 175. Lee, Henry, 112, 114. Legal Tender, 191, 211. Lemoyne, Francis, 130. Liberal-Republicans, 217. Liberty Party, 130, 143. Lincoln, Abraham, 181, 185, 191, 195, 196. Loco-foco, 120 (note). Loose Construction, I, 14, 97, 162, 206. Lopez Expedition, 174. Louisiana, 221, 224, 225, 235, 238. Louisiana Purchase, 55. MACON, NATHANIEL, 54, 58, 60. Madison, James, 10, 16, 45, 63, 66, 68, 72, 75, 105 Maine, 244. Mangum, W. P., 123. Marshall, John, 64. Mason and Dixon's Line, 86. Maysville Road Bill, 107. McClellan, G. B., 194, 195. McLean, John, in, 120, 124. Mexico, War with, 141, 142. " Midnight Judges," 55. Missouri Compromise, 86, 88, 89, 159, 163. Monroe Doctrine, 93. Morgan, William, 103. Morris, Thomas, 137. Morton's Amendment, 230. Muhlenberg, F. A., 19, 31. NAPOLEONIC WARS, 60, 65. National Bank (see Bank). National Party (see Greenback Party). National Republican Party, 96, 103 (see Whig Party). Negro Exodus, 243. Non-Intercourse Act, 68, 70. North, Lord, 5. Nullification, 105, 108, 112. Nullification Proclamation, 113, 183. OATH, IRON-CLAD, 191. O'Conor, Charles, 219. Office, Tenure of, 53, 105, 141, 203. Orders in Council, 65, 73, 77. Ordinances of Secession, 182. Ordinance of 1787, 57, 86, 144, 195- Oregon, 138, 144, 145, 147, 23^ Orr, Jas. L. , 175. Ostend Manifesto, 174. PANIC OF 1837, 126. Party Names : Ame ican Whig : 5 ; Federalist, 14 ; Anti-Fed- eralist, 14 ; Republican (Dem- ocratic-Republican), 26, 97; Quids, 61 ; National Repub- lican, 96 ; Democratic ("Jack- son's Men "), 97 ; Anti-Ma- sonic, 102 ; Whig, 120 ; Loco- foco, 120 (note) ; Abolitionist, 123 ; Conservative, 127 ; Lib- erty, 130; Hunker, 148 ; Barn- burner, 148 ; Free Soil, 148 ; Anti-Nebraska, 159 ; Ameri- can (Know Nothing), 160 ; Republican, 162 ; Constitu- tional Union, 181 ; Union, 187 : Index. 313 RadiCu.., 193 ; Copperhead, 194 (note) ; Liberal Republi- can, 219 ; Greenback or Na- tional, 231. Patrons of Husbandry, 224. Patterson's " New Jersey Plan," 10 Pawnee Constitution, 163. Pendleton, George H., 194, 195. Pennington, William, 178. Personal Liberty Laws, 154. Pet Banks, 116, 125. Pierce, Franklin, 156, 157, 164. Pinckney, C. C., 41, 49, 58, 59, 66, 68. Pinckney, Thomas, 39. Pocket Veto, 108. Political Parties, Origin of, 3. Poland Committee, 220. Polk, James K. , 120, 126, 131, 138, 140. Popular Sovereignty, 4, 152, 1 80. Potter Committee, 240. Presidential Elections (see Elec- toral Counts, Disputed Elec- tions) . Protection, 21, 88, 99, 104, 185. QUIDS, 61, 66, 74. RADICAL MEN, 193. Railroad Strikes, 239. Randall, S. J., 236, 239, 242. Randolph, Edmund, 10, 20. Randolph, John, 61, 74, 89. Reconstruction, 202, 210, 212, 228. Republican Party of 1791 (see Democratic-Republican Party). Republican Party of 1856: ori- gin, 162 ; first great success, 182 ; manages the War against the Rebellion, 187; quarrels with Johnson, 200 ; accom- plishes Reconstruction by Congress, 202, 210, 228. Resumption, 227, 241. Returning Boards, 221, 234, 239. Riders, 149, 162, 202, 216, 242. Rush, Richard, 101. SALARY GRAB, 220. San Domingo, 213, 223. Schurz, Carl, 217. Scott, Dred, 170, 180, 185. Scott, Winfield, 156, 157. Secession, 182, 188. Sedition Law, 44, 99, 214. Seminole War, 85, 127. Sergeant, John, in, 114. Seward, William H. , 162 (note). Seymour, Horatio, 207. Silver, Demonetization of, 239. Slaughter House Cases, 223. Slave Power, 172. Slavery, 86, 122, 155, 172, 191, 195- Slave Trade, n, 174. Smith, William, 101. South Carolina, 182, 233, 238. Specie Circular, 121, 125, 127. Specie Payments, 227, 241. Squatter Sovereignty, 152, 180. Stanton, E. M., 204, 206. State Bank System, 119. Stephens, A. H., 185. Stevenson, Andrew, 100, 106, 109, 117, 118. Straight Outs, 219. Strict Construction, i, 14, 97, 162, 206. Sub-Treasury System, 118, 119, 126, 129, 133. Sumner, Charles, 165, 216, 227. Sumter, Fort, 187. TANEY, R. B., 116, 118. Tariff, 20, 84, 87, 93 ; (of 1824), 94,98; (of 1828), loo ; (of 1832), no; (of 1833), 114; (of 1842), 136; (of 1846), 145; (of 1857), 168 ; (of 1861), 185, 189, 191. Taylor, John W. 89, 97. Taylor, Zachary, 142, 147, 150, 154- Tazewell, L. W., 131. Texas, 85, 122, 136, 137, 139, 142. Texas v. White, 210. Third Term, 232. Index. Thomas, Lorenzo, 205. Tid&l Wave, 229. Tilden, S. J., 232, 234, 237. Tompkins, D. D., 82, 91. Topeka Constitution, 164. Tory, 5. Trumbull, Jonathan, 25. Tyler, John, 113 (note), 120, 124, 129, 131, 132, 138, 194 (note). UNION PARTY, 187. VAN BUREN, MARTIN, 109, no, in, 114, 120, 123, 131, 138, 148. Varnum, Joseph B. , 69. Virginia Resolutions : (of 1798), 46; (of 1799), 47. WALKER, R. J., 168. Walker, William, 174. Warner Silver Bill, 242. Washington, George, 10, 18, 27, 29, 36, 38, 43. Webster, Daniel, 120, 123, 133 (note). West Virginia, 192. Wheeler, W. A , 226 (note), 232, 234. 237- Whig, 5. Whig Party: origin, 120; first great success, 130; quarrels with Tyler, 133 ; decline, 151, 156, 166. Whiskey Insurrection, 34. Whiskey Ring, 227. White, Hugh L. , 119, 121, 123. White, John, 133. White, League, 212 (note). Whitney's Cotton Gin, 86. Wilmot Proviso, 144, 146, 151, 195- Wilson, Henry, 219, Winthrop, R.'C., 146. Wirt, William, in, 114. Wright, Silas, 138. Wyandot Constitution, 177, 179. 185- X. Y. Z. MISSION, 42. YAZOO FRAUDS, 56. 33944 A 000 667 844 5