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diff --git a/44837.txt b/44837.txt deleted file mode 100644 index 6fd43b1..0000000 --- a/44837.txt +++ /dev/null @@ -1,71469 +0,0 @@ -Project Gutenberg's Thirty Years' View (Vol. II of 2), by Thomas Hart Benton - -This eBook is for the use of anyone anywhere at no cost and with -almost no restrictions whatsoever. You may copy it, give it away or -re-use it under the terms of the Project Gutenberg License included -with this eBook or online at www.gutenberg.org - - -Title: Thirty Years' View (Vol. II of 2) - or, A History of the Working of the American Government - for Thirty Years, from 1820 to 1850 - -Author: Thomas Hart Benton - -Release Date: February 5, 2014 [EBook #44837] - -Language: English - -Character set encoding: ASCII - -*** START OF THIS PROJECT GUTENBERG EBOOK THIRTY YEARS' VIEW (VOL. II OF 2) *** - - - - -Produced by Curtis Weyant, Julia Neufeld and the Online -Distributed Proofreading Team at http://www.pgdp.net (This -file was produced from images generously made available -by The Internet Archive/American Libraries.) - - - - - -Transcriber's note: - -Text enclosed by underscores is in italics (_italics_). - -Small capital text has been replaced with all capitals. - -Text enclosed by equal signs is in bold face (=bold=). - -The carat character (^) indicates that the following letter is -superscripted. If two or more letters are superscripted they are -enclosed in curly brackets (example: M^{R.}). - - * * * * * - -[Illustration: titlepage] - -[Illustration: _J. Rodgers, sc._ - -_View of the Senate of the United States in Session._ - -M^{R.} BENTON ON THE FLOOR. - -_from a large Engraving Published by E. Anthony_ - -New York, D Appleton & C^{o.}] - - - - - THIRTY YEARS' VIEW; - - OR, - - A HISTORY OF THE WORKING OF THE AMERICAN - GOVERNMENT FOR THIRTY YEARS, - - FROM 1820 TO 1850. - - CHIEFLY TAKEN - - FROM THE CONGRESS DEBATES, THE PRIVATE PAPERS OF GENERAL JACKSON, - AND THE SPEECHES OF EX-SENATOR BENTON, WITH HIS - ACTUAL VIEW OF MEN AND AFFAIRS: - - WITH - - HISTORICAL NOTES AND ILLUSTRATIONS, AND SOME NOTICES OF EMINENT - DECEASED COTEMPORARIES. - - BY A SENATOR OF THIRTY YEARS. - - IN TWO VOLUMES. - - VOL. II. - - NEW YORK: - D. APPLETON AND COMPANY, - 1, 3, AND 5 BOND STREET. - LONDON: 16 LITTLE BRITAIN. - - 1883. - - - - - Entered according to act of Congress, in the year 1856, by - D. APPLETON AND COMPANY, - in the Clerk's Office of the District Court of the United States for the - Southern District of New York. - - - - -CONTENTS OF VOLUME II. - - - - - CHAP. PAGE - - I. Inauguration of Mr. Van Buren 7 - - II. Financial and Monetary Crisis--General Suspension - of Specie Payments by the Banks 9 - - III. Preparation for the Distress and Suspension 11 - - IV. Progress of the Distress, and Preliminaries - for the Suspension 16 - - V. Actual Suspension of the Banks--Propagation - of the Alarm 20 - - VI. Transmigration of the Bank of the United - States from a Federal to a State Institution 23 - - VII. Effects of the Suspension--General Derangement - of Business--Suppression and Ridicule - of the Specie Currency--Submission - of the People--Call of Congress 26 - - VIII. Extra Session--Message, and Recommendations 28 - - IX. Attacks on the Message--Treasury Notes 32 - - X. Retention of the Fourth Deposit Instalment 36 - - XI. Independent Treasury and Hard Money Payments 39 - - XII. Attempted Resumption of Specie Payments 42 - - XIII. Bankrupt Act against Banks 43 - - XIV. Bankrupt Act for Banks--Mr. Benton's - Speech 45 - - XV. Divorce of Bank and State--Mr. Benton's - Speech 56 - - XVI. First Regular Session under Mr. Van Buren's - Administration--His Message 65 - - XVII. Pennsylvania Bank of the United States--Its - Use of the Defunct Notes of the expired - Institution 67 - - XVIII. Florida Indian War--Its Origin and Conduct 70 - - XIX. Florida Indian War--Historical Speech of - Mr. Benton 72 - - XX. Resumption of Specie Payments by the New - York Banks 83 - - XXI. Resumption of Specie Payments--Historical - Notices--Mr. Benton's Speech--Extracts 85 - - XXII. Mr. Clay's Resolution in Favor of Resuming - Banks, and Mr. Benton's Remarks - upon it 91 - - XXIII. Resumption by the Pennsylvania United - States Bank; and others which followed - her lead 94 - - XXIV. Proposed Annexation of Texas--Mr. Preston's - Motion and Speech--Extracts 94 - - XXV. Debate between Mr. Clay and Mr. Calhoun, - Personal and Political, and leading - to Expositions and Vindications of - Public Conduct which belong to History 97 - - XXVI. Debate between Mr. Clay and Mr. Calhoun--Mr. - Clay's Speech--Extracts 101 - - XXVII. Debate between Mr. Clay and Mr. Calhoun--Mr. - Calhoun's Speech--Extracts 103 - - XXVIII. Debate between Mr. Clay and Mr. Calhoun--Rejoinders - by each 112 - - XXIX. Independent Treasury, or, Divorce of - Bank and State--Passed in the Senate--Lost - in the House of Representatives 124 - - XXX. Public Lands--Graduation of Price--Pre-emption - System--Taxation when Sold 125 - - XXXI. Specie Basis for Banks--One-third of the - Amount of Liabilities the Lowest Safe - Proportion--Speech of Mr. Benton on - the Recharter of the District Banks 128 - - XXXII. The North and the South--Comparative - Prosperity--Southern Discontent--Its - True Cause 130 - - XXXIII. Progress of the Slavery Agitation--Mr. Calhoun's - Approval of the Missouri Compromise 134 - - XXXIV. Death of Commodore Rodgers, and Notice - of his Life and Character 144 - - XXXV. Anti-duelling Act 148 - - XXXVI. Slavery Agitation in the House of Representatives, - and Retiring of Southern - Members from the Hall 150 - - XXXVII. Abolitionists Classified by Mr. Clay--Ultras - Denounced--Slavery Agitators - North and South Equally denounced - as Dangerous to the Union 154 - - XXXVIII. Bank of the United States--Resignation - of Mr. Biddle--Final Suspension 157 - - XXXIX. First Session Twenty-sixth Congress--Members-- - Organization--Political Map of the House 158 - - XL. First Session of the Twenty-sixth Congress--President's - Message 162 - - XLI. Divorce of Bank and State--Divorce decreed 164 - - XLII. Florida Armed Occupation Bill--Mr. - Benton's Speech--Extracts 167 - - XLIII. Assumption of the State Debts 171 - - XLIV. Assumption of the State Debts--Mr. Benton's - Speech--Extracts 172 - - XLV. Death of General Samuel Smith, of Maryland; - and Notice of his Life and Character 176 - - XLVI. Salt--the Universality of its Supply--Mystery - and Indispensability of its Use--Tyranny - and Impiety of its Taxation--Speech - of Mr. Benton--Extracts 176 - - XLVII. Pairing off 178 - - XLVIII. Tax on Bank Notes--Mr. Benton's Speech--Extracts 179 - - XLIX. Liberation of Slaves belonging to American - Citizens in British Colonial Ports 182 - - L. Resignation of Senator Hugh Lawson - White of Tennessee--His Death--Some - Notice of his Life and Character 184 - - LI. Death of Ex-Senator Hayne of South Carolina--Notice - of his Life and Character 186 - - LII. Abolition of Specific Duties by the Compromise - Act of 1833--Its Error, and - Loss to the Revenue, shown by Experience 189 - - LIII. Refined Sugar and Rum Drawbacks--their - Abuse under the Compromise - Act of 1833--Mr. Benton's Speech 190 - - LIV. Fishing Bounties and Allowances, and - their Abuse--Mr. Benton's Speech--Extracts 194 - - LV. Expenditures of the Government 198 - - LVI. Expenses of the Government, Comparative - and Progressive, and Separated - from Extraordinaries 200 - - LVII. Death of Mr. Justice Barbour of the Supreme - Court, and Appointment of Peter - V. Daniel, Esq., in his place 202 - - LVIII. Presidential Election 203 - - LIX. Conclusion of Mr. Van Buren's Administration 207 - - LX. Inauguration of President Harrison--His - Cabinet--Call of Congress--and Death 209 - - LXI. Accession of the Vice-President to the - Presidency 211 - - LXII. Twenty-seventh Congress--First Session--List - of Members, and Organization of - the House 213 - - LXIII. First Message of Mr. Tyler to Congress, - and Mr. Clay's Programme of Business 215 - - LXIV. Repeal of the Independent Treasury Act 219 - - LXV. Repeal of the Independent Treasury Act--Mr. - Benton's Speech 220 - - LXVI. The Bankrupt Act--What it was--and - how it was Passed 229 - - LXVII. Bankrupt Bill--Mr. Benton's Speech--Extracts 234 - - LXVIII. Distribution of the Public Land Revenue, - and Assumption of the State - Debts 240 - - LXIX. Institution of the Hour Rule in Debate - in the House of Representatives--Its - Attempt, and Repulse in the Senate 247 - - LXX. Bill for the Relief of Mrs. Harrison, - Widow of the late President of the - United States 257 - - LXXI. Mrs. Harrison's Bill--Speech of Mr. - Benton--Extracts 262 - - LXXII. Abuse of the Naval Pension System--Vain - attempt to Correct it 265 - - LXXIII. Home Squadron, and Aid to Private - Steam Lines 271 - - LXXIV. Recharter of the District Banks--Mr. - Benton's Speech--Extracts 273 - - LXXV. Revolt in Canada--Border Sympathy--Firmness - of Mr. Van Buren--Public - Peace Endangered--and Preserved--Case - of McLeod 276 - - LXXVI. Destruction of the Caroline--Arrest and - Trial of McLeod--Mr. Benton's - Speech--Extracts 291 - - LXXVII. Refusal of the House to allow Recess - Committees 304 - - LXXVIII. Reduction of the Expense of Foreign - Missions by reducing the Number 305 - - LXXIX. Infringement of the Tariff Compromise - Act of 1833--Correction of Abuses in - Drawbacks 307 - - LXXX. National Bank--First Bill 317 - - LXXXI. Second Fiscal Agent--Bill Presented--Passed--Disapproved - by the President 331 - - LXXXII. Secret History of the Second Bill for a - Fiscal Agent, called Fiscal Corporation--Its - Origin with Mr. Tyler--Its - Progress through Congress under his - Lead--Its Rejection under his Veto 342 - - LXXXIII. The Veto Message hissed in the Senate - Galleries 350 - - LXXXIV. Resignation of Mr. Tyler's Cabinet 353 - - LXXXV. Repudiation of Mr. Tyler by the Whig - Party--their Manifesto--Counter - Manifesto by Mr. Caleb Cushing 357 - - LXXXVI. The Danish Sound Dues 362 - - LXXXVII. Last Notice of the Bank of the United - States 365 - - LXXXVIII. End and Results of the Extra Session 372 - - LXXXIX. First Annual Message of President Tyler 373 - - XC. Third Plan for a Fiscal Agent, called - Exchequer Board--Mr. Benton's - Speech against it--Extracts 376 - - XCI. The Third Fiscal Agent, entitled a - Board of Exchequer 394 - - XCII. Attempted Repeal of the Bankrupt Act 395 - - XCIII. Death of Lewis Williams, of North - Carolina, and Notice of his Life and - Character 396 - - XCIV. The Civil List Expenses--the Contingent - Expenses of Congress--and the - Revenue Collection Expense 397 - - XCV. Resignation and Valedictory of Mr. Clay 398 - - XCVI. Military Department--Progress of its Expense 404 - - XCVII. Paper Money Payments--Attempted by - the Federal Government--Resisted--Mr. - Benton's Speech 406 - - XCVIII. Case of the American Brig Creole with - Slaves for New Orleans, carried by Mutiny - into Nassau, and the Slaves Liberated 409 - - XCIX. Distress of the Treasury--Three Tariff Bills, - and Two Vetoes--End of the Compromise - Act 413 - - C. Mr. Tyler and the Whig Party--Confirmed - Separation 417 - - CI. Lord Ashburton's Mission, and the British - Treaty 420 - - CII. British Treaty--The Pretermitted Subjects--Mr. - Benton's Speech--Extracts 426 - - CIII. British Treaty--Northeastern Boundary - Article--Mr. Benton's Speech--Extracts 438 - - CIV. British Treaty--Northwestern Boundary--Mr. - Benton's Speech--Extracts 441 - - CV. British Treaty--Extradition Article--Mr. - Benton's Speech--Extract 444 - - CVI. British Treaty--African Squadron for the - Suppression of the Slave Trade--Mr. - Benton's Speech--Extract 449 - - CVII. Expense of the Navy--Waste of Money--Necessity - of a Naval Peace Establishment, - and of a Naval Policy 452 - - CVIII. Expenses of the Navy--Mr. Benton's Speech--Extracts 456 - - CIX. Message of the President at the Opening - of the Regular Session of 1842-'3 460 - - CX. Repeal of the Bankrupt Act--Mr. Benton's - Speech--Extracts 463 - - CXI. Military Academy and Army Expenses 466 - - CXII. Emigration to the Columbia River, and - Foundation of its Settlement by American - Citizens--Fremont's First Expedition 468 - - CXIII. Lieutenant Fremont's First Expedition--Speech, - and Motion of Senator Linn 478 - - CXIV. Oregon Colonization Act--Mr. Benton's - Speech 479 - - CXV. Navy Pay and Expenses--Proposed Reduction--Speech - of Mr. Meriwether, of Georgia--Extracts 482 - - CXVI. Eulogy on Senator Linn--Speeches of Mr. - Benton and Mr. Crittenden 485 - - CXVII. The Coast Survey--Attempt to diminish - its Expense, and to expedite its Completion - by restoring the Work to Naval and - Military Officers 487 - - CXVIII. Death of Commodore Porter, and Notice of - his Life and Character 491 - - CXIX. Refunding of General Jackson's Fine 499 - - CXX. Repeal of the Bankrupt Act--Attack of - Mr. Cushing on Mr. Clay--Its Rebuke 503 - - CXXI. Naval Expenditures and Administration--Attempts - at Reform--Abortive 507 - - CXXII. Chinese Mission--Mr. Cushing's Appointment - and Negotiation 510 - - CXXIII. The Alleged Mutiny, and the Executions - (as they were called) on Board the United - States man-of-war, Somers 522 - - CXXIV. Retirement of Mr. Webster from Mr. - Tyler's Cabinet 562 - - CXXV. Death of William H. Crawford 562 - - CXXVI. First Session of the Twenty-eighth - Congress--List of Members--Organization - of the House of Representatives 563 - - CXXVII. Mr. Tyler's Second Annual Message 565 - - CXXVIII. Explosion of the Great Gun on Board - the Princeton man-of-war--the Killed - and Wounded 567 - - CXXIX. Reconstruction of Mr. Tyler's Cabinet 569 - - CXXX. Death of Senator Porter, of Louisiana--Eulogium - of Mr. Benton 569 - - CXXXI. Naval Academy, and Naval Policy of - the United States 571 - - CXXXII. The Home Squadron--Its Inutility and - Expense 575 - - CXXXIII. Professor Morse--His Electro-Magnetic - Telegraph 578 - - CXXXIV. Fremont's Second Expedition 579 - - CXXXV. Texas Annexation--Secret Origin--Bold - Intrigue for the Presidency 581 - - CXXXVI. Democratic Convention for the Nomination - of Presidential Candidates 591 - - CXXXVII. Presidential--Democratic National Convention--Mr. - Calhoun's Refusal to - Submit his Name to it--His Reasons 596 - - CXXXVIII. Annexation of Texas--Secret Negotiation--Presidential - Intrigue--Schemes - of Speculation and Disunion 599 - - CXXXIX. Texas Annexation Treaty--First Speech - of Mr. Benton against it--Extracts 600 - - CXL. Texas or Disunion--Southern Convention--Mr. - Benton's Speech--Extracts 613 - - CXLI. Texas or Disunion--Violent Demonstrations - in the South--Southern Convention - proposed 616 - - CXLII. Rejection of the Annexation Treaty--Proposal - of Mr. Benton's Plan 619 - - CXLIII. Oregon Territory--Conventions of 1818 - and 1828--Joint Occupation--Attempted - Notice to Terminate it 624 - - CXLIV. Presidential Election 625 - - CXLV. Amendment of the Constitution--Election - of President and Vice-President--Mr. - Benton's Plan 626 - - CXLVI. The President and the Senate--Want - of Concord--Numerous Rejections of - Nominations 629 - - CXLVII. Mr. Tyler's Last Message to Congress 631 - - CXLVIII. Legislative Admission of Texas into the - Union as a State 632 - - CXLIX. The War with Mexico--Its Cause--Charged - on the Conduct of Mr. Calhoun--Mr. - Benton's Speech 639 - - CL. Mr. Polk's Inaugural Address--Cabinet 649 - - CLI. Mr. Blair and the Globe superseded as - the Administration Organ--Mr. T. Ritchie - and the Daily Union substituted 650 - - CLII. Twenty-ninth Congress--List of Members--First - Session--Organization of - the House 655 - - CLIII. Mr. Polk's First Annual Message to - Congress 657 - - CLIV. Death of John Forsyth 659 - - CLV. Admission of Florida and Iowa 660 - - CLVI. Oregon Treaty--Negotiations commenced, - and broken off 660 - - CLVII. Oregon Question--Notice to abrogate the - Article in the Treaty for a Joint Occupation--The - President denounced in - the Senate for a supposed Leaning to - the Line of Forty-nine 662 - - CLVIII. Oregon Territorial Government--Boundaries - and History of the Country--Frazer's - River--Treaty of Utrecht--Mr. - Benton's Speech--Extracts 667 - - CLIX. Oregon Joint Occupation--Notice authorized - for terminating it--British Government - offers the Line of 49--Quandary of - the Administration--Device--Senate - Consulted--Treaty made and Ratified 673 - - CLX. Meeting of the Second Session of the 29th - Congress--President's Message--Vigorous - Prosecution of the War Recommended--Lieutenant-general - proposed to be created 677 - - CLXI. War with Mexico--The War Declared, - and an Intrigue for Peace commenced - the same Day 679 - - CLXII. Bloodless Conquest of New Mexico--How - it was Done--Subsequent Bloody Insurrection, - and its Cause 682 - - CLXIII. Mexican War--Doniphan's Expedition--Mr. - Benton's Salutatory Address, St. - Louis, Missouri 684 - - CLXIV. Fremont's Third Expedition, and Acquisition - of California 688 - - CLXV. Pause in the War--Sedentary Tactics--"Masterly - Inactivity" 693 - - CLXVI. The Wilmot Proviso--Or, Prohibition of - Slavery in the Territories--Its Inutility - and Mischief 694 - - CLXVII. Mr. Calhoun's Slavery Resolutions, and - Denial of the Right of Congress to Prohibit - Slavery in a Territory 696 - - CLXVIII. The Slavery Agitation--Disunion--Key - to Mr. Calhoun's Policy--Forcing the - Issue--Mode of Forcing it 698 - - CLXIX. Death of Silas Wright, Ex-Senator and - Ex-Governor of New York 700 - - CLXX. Thirtieth Congress--First Session--List of - Members--President's Message 702 - - CLXXI. Death of Senator Barrow--Mr. Benton's - Eulogium 706 - - CLXXII. Death of Mr. Adams 707 - - CLXXIII. Downfall of Santa Anna--New Government - in Mexico--Peace Negotiations--Treaty - of Peace 709 - - CLXXIV. Oregon Territorial Government--Anti-Slavery - Ordinance of 1787 applied to - Oregon Territory--Missouri Compromise - Line of 1820, and the Texas Annexation - Renewal of it in 1845, affirmed 711 - - CLXXV. Mr. Calhoun's New Dogma on Territorial - Slavery--Self-extension of the Slavery - Part of the Constitution to Territories 713 - - CLXXVI. Court-martial of Lieutenant-colonel Fremont 715 - - CLXXVII. Fremont's Fourth Expedition, and Great - Disaster in the Snows at the Head of - the Rio Grande del Norte--Subsequent - Discovery of the Pass he sought 719 - - CLXXVIII. Presidential Election 722 - - CLXXIX. Last Message of Mr. Polk 724 - - CLXXX. Financial Working of the Government - under the Hard Money System 726 - - CLXXXI. Coast Survey--Belongs to the Navy--Converted - into a Separate Department--Expense - and Interminability--Should - be done by the Navy, - as in Great Britain--Mr. Benton's - Speech--Extract 726 - - CLXXXII. Proposed Extension of the Constitution - of the United States to the Territories, - with a View to make it carry - Slavery into California, Utah and - New Mexico 729 - - CLXXXIII. Progress of the Slavery Agitation--Meeting - of Members from the Slave - States--Inflammatory Address to - the Southern States 733 - - CLXXXIV. Inauguration of President Taylor--His - Cabinet 737 - - CLXXXV. Death of Ex-President Polk 737 - - CLXXXVI. Thirty-first Congress--First Session--List - of Members--Organization of - the House 738 - - CLXXXVII. First and only Annual Message of - President Taylor 740 - - CLXXXVIII. Mr. Clay's Plan of Compromise 742 - - CLXXXIX. Extension of the Missouri Compromise - Line to the Pacific Ocean--Mr. - Davis, of Mississippi, and Mr. - Clay--The Wilmot Proviso 743 - - CXC. Mr. Calhoun's Last Speech--Dissolution - of the Union proclaimed unless - the Constitution was amended, - and a Dual Executive appointed--one - President from the Slave States - and one from the Free States 744 - - CXCI. Death of Mr. Calhoun--His Eulogium - by Senator Butler 747 - - CXCII. Mr. Clay's Plan of Slavery Compromise--Mr. - Benton's Speech Against - it--Extracts 749 - - CXCIII. Death of President Taylor 765 - - CXCIV. Inauguration and Cabinet of Mr. Fillmore 767 - - CXCV. Rejection of Mr. Clay's Plan of Compromise 768 - - CXCVI. The Admission of the State of California--Protest - of Southern Senators--Remarks - upon it by Mr. Benton 769 - - CXCVII. Fugitive Slaves; Ordinance of 1787--The - Constitution--Act of 1793--Act - of 1850 773 - - CXCVIII. Disunion Movements--Southern Press - at Washington--Southern Convention - at Nashville--Southern Congress - called for by South Carolina - and Mississippi 780 - - CXCIX. The Supreme Court--Its Judges, - Clerk, Attorney-Generals, Reporters - and Marshals during the Period - treated of in this Volume 787 - - CC. Conclusion 787 - - - - -THIRTY YEARS' VIEW. - -ADMINISTRATION OF MARTIN VAN BUREN. - - - - -CHAPTER I. - -INAUGURATION OF MR. VAN BUREN. - - -March the 4th of this year, Mr. Van Buren was inaugurated President -of the United States with the usual formalities, and conformed to -the usage of his predecessors in delivering a public address on the -occasion: a declaration of general principles, and an indication -of the general course of the administration, were the tenor of his -discourse: and the doctrines of the democratic school, as understood -at the original formation of parties, were those professed. Close -observance of the federal constitution as written--no latitudinarian -constructions permitted, or doubtful powers assumed--faithful -adherence to all its compromises--economy in the administration of -the government--peace, friendship and fair dealing with all foreign -nations--entangling alliances with none: such was his political -chart: and with the expression of his belief that a perseverance -in this line of foreign policy, with an increased strength, tried -valor of the people, and exhaustless resources of the country, -would entitle us to the good will of nations, protect our national -respectability, and secure us from designed aggression from foreign -powers. His expressions and views on this head deserve to be -commemorated, and to be considered by all those into whose hands the -management of the public affairs may go; and are, therefore, here -given in his own words: - - "Our course of foreign policy has been so uniform and - intelligible, as to constitute a rule of executive conduct - which leaves little to my discretion, unless, indeed, I were - willing to run counter to the lights of experience, and the - known opinions of my constituents. We sedulously cultivate the - friendship of all nations, as the condition most compatible - with our welfare, and the principles of our government. We - decline alliances, as adverse to our peace. We desire commercial - relations on equal terms, being ever willing to give a fair - equivalent for advantages received. We endeavor to conduct our - intercourse with openness and sincerity; promptly avowing our - objects, and seeking to establish that mutual frankness which is - as beneficial in the dealings of nations as of men. We have no - disposition, and we disclaim all right, to meddle in disputes, - whether internal or foreign, that may molest other countries; - regarding them, in their actual state, as social communities, - and preserving a strict neutrality in all their controversies. - Well knowing the tried valor of our people, and our exhaustless - resources, we neither anticipate nor fear any designed - aggression; and, in the consciousness of our own just conduct, - we feel a security that we shall never be called upon to exert - our determination, never to permit an invasion of our rights, - without punishment or redress." - -These are sound and encouraging views, and in adherence to them, -promise to the United States a career of peace and prosperity -comparatively free from the succession of wars which have loaded -so many nations with debt and taxes, filled them with so many -pensioners and paupers, created so much necessity for permanent -fleets and armies; and placed one half the population in the -predicament of living upon the labor of the other. The stand which -the United States had acquired among nations by the vindication of -her rights against the greatest powers--and the manner in which -all unredressed aggressions, and all previous outstanding injuries, -even of the oldest date, had been settled up and compensated under -the administration of President Jackson--authorized this language -from Mr. Van Buren; and the subsequent conduct of nations has -justified it. Designed aggression, within many years, has come from -no great power: casual disagreements and accidental injuries admit -of arrangement: weak neighbors can find no benefit to themselves -in wanton aggression, or refusal of redress for accidental wrong: -isolation (a continent, as it were, to ourselves) is security -against attack; and our railways would accumulate rapid destruction -upon any invader. These advantages, and strict adherence to the -rule, to ask only what is right, and submit to nothing wrong, will -leave us (we have reason to believe) free from hostile collision -with foreign powers, free from the necessity of keeping up war -establishments of army and navy in time of peace, with our great -resources left in the pockets of the people (always the safest and -cheapest national treasuries), to come forth when public exigencies -require them, and ourselves at liberty to pursue an unexampled -career of national and individual prosperity. - -One single subject of recently revived occurrence in our domestic -concerns, and of portentous apparition, admitted a departure from -the generalities of an inaugural address, and exacted from the -new President the notice of a special declaration: it was the -subject of slavery--an alarming subject of agitation near twenty -years before--quieted by the Missouri compromise--resuscitated in -1835, as shown in previous chapters of this View; and apparently -taking its place as a permanent and most pestiferous element in -our presidential elections and federal legislation. It had largely -mixed with the presidential election of the preceding year: it was -expected to mix with ensuing federal legislation: and its evil -effect upon the harmony and stability of the Union justified the -new President in making a special declaration in relation to it, -and even in declaring beforehand the cases of slavery legislation -in which he would apply the qualified negative with which the -constitution invested him over the acts of Congress. Under this -sense of duty and propriety the inaugural address presented this -passage: - -"The last, perhaps the greatest, of the prominent sources of -discord and disaster supposed to lurk in our political condition, -was the institution of domestic slavery. Our forefathers were deeply -impressed with the delicacy of this subject, and they treated it -with a forbearance so evidently wise, that, in spite of every -sinister foreboding, it never, until the present period disturbed -the tranquillity of our common country. Such a result is sufficient -evidence of the justice and the patriotism of their course; it is -evidence not to be mistaken, that an adherence to it can prevent all -embarrassment from this, as well as from every other anticipated -cause of difficulty or danger. Have not recent events made it -obvious to the slightest reflection, that the least deviation from -this spirit of forbearance is injurious to every interest, that of -humanity included? Amidst the violence of excited passions, this -generous and fraternal feeling has been sometimes disregarded; -and, standing as I now do before my countrymen in this high place -of honor and of trust, I cannot refrain from anxiously invoking my -fellow-citizens never to be deaf to its dictates. Perceiving, before -my election, the deep interest this subject was beginning to excite, -I believed it a solemn duty fully to make known my sentiments in -regard to it; and now, when every motive for misrepresentations -have passed away, I trust that they will be candidly weighed and -understood. At least, they will be my standard of conduct in the -path before me. I then declared that, if the desire of those of my -countrymen who were favorable to my election was gratified, 'I must -go into the presidential chair the inflexible and uncompromising -opponent of every attempt, on the part of Congress, to abolish -slavery in the District of Columbia, against the wishes of the -slaveholding States; and also with a determination equally decided -to resist the slightest interference with it in the States where -it exists.' I submitted also to my fellow-citizens, with fulness -and frankness, the reasons which led me to this determination. The -result authorizes me to believe that they have been approved, and -are confided in, by a majority of the people of the United States, -including those whom they most immediately affect. It now only -remains to add, that no bill conflicting with these views can ever -receive my constitutional sanction. These opinions have been adopted -in the firm belief that they are in accordance with the spirit that -actuated the venerated fathers of the republic, and that succeeding -experience has proved them to be humane, patriotic, expedient, -honorable and just. If the agitation of this subject was intended -to reach the stability of our institutions, enough has occurred to -show that it has signally failed; and that in this, as in every -other instance, the apprehensions of the timid and the hopes of the -wicked for the destruction of our government, are again destined to -be disappointed." - -The determination here declared to yield the presidential sanction -to no bill which proposed to interfere with slavery in the States; -or to abolish it in the District of Columbia while it existed in -the adjacent States, met the evil as it then presented itself--a -fear on the part of some of the Southern States that their rights of -property were to be endangered by federal legislation: and against -which danger the veto power was now pledged to be opposed. There was -no other form at that time in which slavery agitation could manifest -itself, or place on which it could find a point to operate--the -ordinance of 1787, and the compromise of 1820, having closed up the -Territories against it. Danger to slave property in the States, -either by direct action, or indirectly through the District of -Columbia, were the only points of expressed apprehension; and -at these there was not the slightest ground for fear. No one in -Congress dreamed of interfering with slavery in the States, and the -abortion of all the attempts made to abolish it in the District, -showed the groundlessness of that fear. The pledged veto was not a -necessity, but a propriety;--not necessary, but prudential;--not -called for by anything in congress, but outside of it. In that -point of view it was wise and prudent. It took from agitation its -point of support--its means of acting on the fears and suspicions -of the timid and credulous: and it gave to the country a season of -repose and quiet from this disturbing question until a new point of -agitation could be discovered and seized. - -The cabinet remained nearly as under the previous administration: -Mr. Forsyth, Secretary of State; Mr. Woodbury, Secretary of the -Treasury; Mr. Poinsett, Secretary at War; Mr. Mahlon Dickerson, -Secretary of the Navy; Mr. Amos Kendall, Postmaster General; and -Benjamin F. Butler, Esq. Attorney General. Of all these Mr. Poinsett -was the only new appointment. On the bench of the Supreme Court, -John Catron, Esq. of Tennessee, and John McKinley, Esq. of Alabama, -were appointed Justices; William Smith, formerly senator in Congress -from South Carolina, having declined the appointment which was -filled by Mr. McKinley. Mr. Butler soon resigning his place of -Attorney General, Henry D. Gilpin, Esq. of Pennsylvania (after a -temporary appointment of Felix Grundy, Esq. of Tennessee), became -the Attorney General during the remainder of the administration. - - - - -CHAPTER II. - -FINANCIAL AND MONETARY CRISIS: GENERAL SUSPENSION OF SPECIE -PAYMENTS BY THE BANKS. - - -The nascent administration of the new President was destined to -be saluted by a rude shock, and at the point most critical to -governments as well as to individuals--that of deranged finances and -broken-up treasury; and against the dangers of which I had in vain -endeavored to warn our friends. A general suspension of the banks, -a depreciated currency, and the insolvency of the federal treasury, -were at hand. Visible signs, and some confidential information, -portended to me this approaching calamity, and my speeches in the -Senate were burthened with its vaticination. Two parties, inimical -to the administration, were at work to accomplish it--politicians -and banks; and well able to succeed, because the government money -was in the hands of the banks, and the federal legislation in the -hands of the politicians; and both interested in the overthrow of -the party in power;--and the overthrow of the finances the obvious -means to the accomplishment of the object. The public moneys had -been withdrawn from the custody of the Bank of the United States: -the want of an independent, or national treasury, of necessity, -placed them in the custody of the local banks: and the specie order -of President Jackson having been rescinded by the Act of Congress, -the notes of all these banks, and of all others in the country, -amounting to nearly a thousand, became receivable in payment of -public dues. The deposit banks became filled up with the notes of -these multitudinous institutions, constituting that surplus, the -distribution of which had become an engrossing care with Congress, -and ended with effecting the object under the guise of a deposit -with the States. I recalled the recollection of the times of -1818-19, when the treasury reports of one year showed a superfluity -of revenue for which there was no want, and of the next a deficit -which required to be relieved by a loan; and argued that we must now -have the same result from the bloat in the paper system which we -then had. I demanded-- - -"Are we not at this moment, and from the same cause, realizing the -first part--the illusive and treacherous part--of this picture? and -must not the other, the sad and real sequel, speedily follow? The -day of revulsion must come, and its effects must be more or less -disastrous; but come it must. The present bloat in the paper system -cannot continue: violent contraction must follow enormous expansion: -a scene of distress and suffering must ensue--to come of itself out -of the present state of things, without being stimulated and helped -on by our unwise legislation." - -Of the act which rescinded the specie order, and made the notes of -the local banks receivable in payment of all federal dues, I said: - -"This bill is to be an era in our legislation and in our political -history. It is to be a point on which the view of the future age -is to be thrown back, and from which future consequences will be -traced. I separate myself from it: I wash my hands of it: I oppose -it. I am one of those who promised gold--not paper. I promised the -currency of the constitution, not the currency of corporations. I -did not join in putting down the Bank of the United States to put -up a wilderness of local banks. I did not join in putting down -the paper currency of a national bank, to put up a national paper -currency of a thousand local banks. I did not strike Caesar to make -Antony master of Rome." - -The condition of our deposit banks was desperate--wholly inadequate -to the slightest pressure on their vaults in the ordinary course -of business, much less that of meeting the daily government drafts -and the approaching deposit of near forty millions with the States. -The necessity of keeping one-third of specie on hand for its -immediate liabilities, was enforced from the example and rule of -the Bank of England, while many of our deposit banks could show but -the one-twentieth, the one-thirtieth, the one-fortieth, and even -the one-fiftieth of specie in hand for immediate liabilities in -circulation and deposits. The sworn evidence of a late Governor of -the Bank of England (Mr. Horsely Palmer), before a parliamentary -committee, was read, in which he testified that the average -proportion of coin and bullion which the bank deems it prudent to -keep on hand, was at the rate of the third of the total amount of -all her liabilities--including deposits as well as issues. And this -was the proportion which that bank deemed it prudent to keep--that -bank which was the largest in the world, situated in the moneyed -metropolis of Europe, with its list of debtors within the circuit -of London, supported by the richest merchants in the world, and -backed by the British government, which stood her security for -fourteen millions sterling, and ready with her supply of exchequer -bills (the interest to be raised to insure sales), at any moment -of emergency. Tested by the rule of the Bank of England, and our -deposit banks were in the jaws of destruction; and this so evident -to me, that I was amazed that others did not see it--those of our -friends who voted with the opponents of the administration in -rescinding the specie order, and in making the deposit with the -States. The latter had begun to take effect, at the rate of about -ten millions to the quarter, on the first day of January preceding -Mr. Van Buren's inauguration: a second ten millions were to be -called for on the first of April: and like sums on the first days -of the two remaining quarters. It was utterly impossible for the -banks to stand these drafts; and, having failed in all attempts to -wake up our friends, who were then in the majority, to a sense of -the danger which was impending, and to arrest their ruinous voting -with the opposition members (which most of them did), I determined -to address myself to the President elect, under the belief that, -although he would not be able to avert the blow, he might do much -to soften its force and avert its consequences, when it did come. -It was in the month of February, while Mr. Van Buren was still -President of the Senate, that I invited him into a committee room -for that purpose, and stated to him my opinion that we were on the -eve of an explosion of the paper system and of a general suspension -of the banks--intending to follow up that expression of opinion with -the exposition of my reasons for thinking so: but the interview -came to a sudden and unexpected termination. Hardly had I expressed -my belief of this impending catastrophe, than he spoke up, and -said, "Your friends think you a little exalted in the head on that -subject." I said no more. I was miffed. We left the room together, -talking on different matters, and I saying to myself, "_You will -soon feel the thunderbolt._" But I have since felt that I was -too hasty, and that I ought to have carried out my intention of -making a full exposition of the moneyed affairs of the country. His -habitual courtesy, from which the expression quoted was a most rare -departure, and his real regard for me, both personal and political -(for at that time he was pressing me to become a member of his -cabinet), would have insured me a full hearing, if I had shown a -disposition to go on; and his clear intellect would have seized and -appreciated the strong facts and just inferences which would have -been presented to him. But I stopped short, as if I had nothing -more to say, from that feeling of self-respect which silences a -man of some pride when he sees that what he says is not valued. I -have regretted my hastiness ever since. It was of the utmost moment -that the new President should have his eyes opened to the dangers -of the treasury, and my services on the Committee of Finance had -given me opportunities of knowledge which he did not possess. -Forewarned is forearmed; and never was there a case in which the -maxim more impressively applied. He could not have prevented the -suspension: the repeal of the specie circular and the deposit -with the States (both measures carried by the help of votes from -professing friends), had put that measure into the hands of those -who would be sure to use it: but he could have provided against it, -and prepared for it, and lessened the force of the blow when it did -come. He might have quickened the vigilance of the Secretary of -the Treasury--might have demanded additional securities from the -deposit banks--and might have drawn from them the moneys called -for by appropriation acts. There was a sum of about five millions -which might have been saved with a stroke of the pen, being the -aggregate of sums drawn from the treasury by the numerous disbursing -officers, and left in the banks in their own names for daily current -payments: an order to these officers would have saved these five -millions, and prevented the disgrace and damage of a stoppage in the -daily payments, and the spectacle of a government waking up in the -morning without a dollar to pay the day-laborer with, while placing -on its statute book a law for the distribution of forty millions of -surplus. Measures like these, and others which a prudent vigilance -would have suggested, might have enabled the government to continue -its payments without an extra session of Congress, and without the -mortification of capitulating to the broken banks, by accepting and -paying out their depreciated notes as the currency of the federal -treasury. - - - - -CHAPTER III. - -PREPARATION FOR THE DISTRESS AND SUSPENSION. - - -In the autumn of the preceding year, shortly before the meeting of -Congress, Mr. Biddle, president of the Pennsylvania Bank of the -United States (for that was the ridiculous title it assumed after -its resurrection under a Pennsylvania charter), issued one of those -characteristic letters which were habitually promulgated whenever -a new lead was to be given out, and a new scent emitted for the -followers of the bank to run upon. A new distress, as the pretext -for a new catastrophe, was now the object. A picture of ruin was -presented, alarm given out, every thing going to destruction; and -the federal government the cause of the whole, and the _national_ -recharter of the defunct bank the sovereign remedy. The following is -an extract from that letter. - - "The Bank of the United States has not ceased to exist more - than seven months, and already the whole currency and exchanges - are running into inextricable confusion, and the industry - of the country is burdened with extravagant charges on all - the commercial intercourse of the Union. And now, when these - banks have been created by the Executive, and urged into these - excesses, instead of gentle and gradual remedies, a fierce - crusade is raised against them, the funds are harshly and - suddenly taken from them, and they are forced to extraordinary - means of defense against the very power which brought them - into being. They received, and were expected to receive, in - payment for the government, the notes of each other and the - notes of other banks, and the facility with which they did so - was a ground of special commendation by the government; and now - that government has let loose upon them a demand for specie - to the whole amount of these notes. I go further. There is an - outcry abroad, raised by faction, and echoed by folly, against - the banks of the United States. Until it was disturbed by the - government, the banking system of the United States was at - least as good as that of any other commercial country. What - was desired for its perfection was precisely what I have so - long striven to accomplish--to widen the metallic basis of - the currency by a greater infusion of coin into the smaller - channels of circulation. This was in a gradual and judicious - train of accomplishment. But this miserable foolery about an - exclusively metallic currency, is quite as absurd as to discard - the steamboats, and go back to poling up the Mississippi." - -The lead thus given out was sedulously followed during the winter, -both in Congress and out of it, and at the end of the session had -reached an immense demonstration in New York, in the preparations -made to receive Mr. Webster, and to hear a speech from him, on -his return from Washington. He arrived in New York on the 15th of -March, and the papers of the city give this glowing account of his -reception: - - "In conformity with public announcement, yesterday, at about - half past 3 o'clock, the Honorable DANIEL WEBSTER arrived in - this city in the steamboat Swan from Philadelphia. The intense - desire on the part of the citizens to give a grateful reception - to this great advocate of the constitution, set the whole city - in motion towards the point of debarkation, for nearly an hour - before the arrival of the distinguished visitor. At the moment - when the steamboat reached the pier, the assemblage had attained - that degree of density and anxiety to witness the landing, that - it was feared serious consequences would result. At half past - 3 o'clock Mr. Webster, accompanied by Philip Hone and David B. - Ogden, landed from the boat amidst the deafening cheers and - plaudits of the multitude, thrice repeated, and took his seat - in an open barouche provided for the occasion. The procession, - consisting of several hundred citizens upon horseback, a large - train of carriages and citizens, formed upon State street, - and after receiving their distinguished guest, proceeded with - great order up Broadway to the apartments arranged for his - reception at the American Hotel. The scene presented the most - gratifying spectacle. Hundreds of citizens who had been opposed - to Mr. Webster in politics, now that he appeared as a private - individual, came forth to demonstrate their respect for his - private worth and to express their approbation of his personal - character; and thousands more who appreciated his principles and - political integrity, crowded around to convince him of their - personal attachment, and give evidence of their approval of - his public acts. The wharves, the shipping, the housetops and - windows, and the streets through which the procession passed, - were thronged with citizens of every occupation and degree, - and loud and continued cheers greeted the great statesman at - every point. There was not a greater number at the reception - of General Jackson in this city, with the exception of the - military, nor a greater degree of enthusiasm manifested upon - that occasion, than the arrival upon our shores of Daniel - Webster. At 6 o'clock in the evening, the anxious multitude - began to move towards Niblo's saloon, where Mr. Webster was to - be addressed by the committee of citizens delegated for that - purpose, and to which it was expected he would reply. A large - body of officers were upon the ground to keep the assemblage - within bounds, and at a quarter past six the doors were opened, - when the saloon, garden, and avenues leading thereto were - instantly crowded to overflowing. - - The meeting was called to order by Alderman Clark, who proposed - for president, David B. Ogden, which upon being put to vote was - unanimously adopted. The following gentlemen were then elected - vice-presidents, viz: Robert C. Cornell, Jonathan Goodhue, - Joseph Tucker, Nathaniel Weed; and Joseph Hoxie and G. S. - Robins, secretaries. - - Mr. W. began his remarks at a quarter before seven o'clock, - P.M. and concluded them at a quarter past nine. When he entered - the saloon, he was received with the most deafening cheers. The - hall rang with the loud plaudits of the crowd, and every hat was - waving. So great was the crowd in the galleries, and such was - the apprehension that the apparently weak wooden columns which - supported would give way, that Mr. W. was twice interrupted - with the appalling cry "_the galleries are falling_," when only - a window was broken, or a stove-pipe shaken. The length of the - address (two and a half hours), none too long, however, for the - audience would with pleasure have tarried two hours longer, - compels us to give at present only the heads of a speech which - we would otherwise now report in detail." - -Certainly Mr. Webster was worthy of all honors in the great city -of New York; but having been accustomed to pass through that -city several times in every year during the preceding quarter -of a century, and to make frequent sojourns there, and to speak -thereafter, and in all the characters of politician, social guest, -and member of the bar,--it is certain that neither his person nor -his speaking could be such a novelty and rarity as to call out upon -his arrival so large a meeting as is here described, invest it with -so much form, fire it with so much enthusiasm, fill it with so much -expectation, unless there had been some large object in view--some -great effect to be produced--some consequence to result: and of -all which this imposing demonstration was at once the sign and the -initiative. No holiday occasion, no complimentary notice, no feeling -of personal regard, could have called forth an assemblage so vast, -and inspired it with such deep and anxious emotions. It required -a public object, a general interest, a pervading concern, and a -serious apprehension of some uncertain and fearful future, to call -out and organize such a mass--not of the young, the ardent, the -heedless--but of the age, the character, the talent, the fortune, -the gravity of the most populous and opulent city of the Union. It -was as if the population of a great city, in terror of some great -impending unknown calamity, had come forth to get consolation and -counsel from a wise man--to ask him what was to happen? and what -they were to do? And so in fact it was, as fully disclosed in the -address with which the orator was saluted, and in the speech of -two hours and a half which he made in response to it. The address -was a deprecation of calamities; the speech was responsive to the -address--admitted every thing that could be feared--and charged -the whole upon the mal-administration of the federal government. A -picture of universal distress was portrayed, and worse coming; and -the remedy for the whole the same which had been presented in Mr. -Biddle's letter--the recharter of _the_ national bank. The speech -was a manifesto against the Jackson administration, and a protest -against its continuation in the person of his successor, and an -invocation to a general combination against it. All the banks were -sought to be united, and made to stand together upon a sense of -common danger--the administration their enemy, the national bank -their protection. Every industrial pursuit was pictured as crippled -and damaged by bad government. Material injury to private interests -were still more vehemently charged than political injuries to the -body politic. In the deplorable picture which it presented of the -condition of every industrial pursuit, and especially in the "war" -upon the banks and the currency, it seemed to be a justificatory -pleading in advance for a general shutting up of their doors, -and the shutting up of the federal treasury at the same time. In -this sense, and on this point, the speech contained this ominous -sentence, more candid than discreet, taken in connection with what -was to happen: - -"_Remember, gentlemen, in the midst of this deafening din against -all banks, that if it shall create such a panic, or such alarm, as -shall shut up the banks, it will shut up the treasury of the United -States also._" - -The whole tenor of the speech was calculated to produce discontent, -create distress, and excite alarm--discontent and distress for -present sufferings--alarm for the greater, which were to come. This -is a sample: - - "Gentlemen, I would not willingly be a prophet of ill. I most - devoutly wish to see a better state of things; and I believe the - repeal of the treasury order would tend very much to bring about - that better state of things. And I am of opinion, gentlemen, - that the order will be repealed. I think it must be repealed. I - think the east, west, north and south, will demand its repeal. - But, gentlemen, I feel it my duty to say, that if I should be - disappointed in this expectation, I see no immediate relief to - the distresses of the community. I greatly fear, even, that the - worst is not yet. I look for severer distresses; for extreme - difficulties in exchange; for far greater inconveniences in - remittance, and for a sudden fall in prices. Our condition is - one not to be tampered with, and the repeal of the treasury - order being something which government can do, and which will do - good, the public voice is right in demanding that repeal. It is - true, if repealed now, the relief will come late. Nevertheless - its repeal or abrogation is a thing to be insisted on, and - pursued till it shall be accomplished." - -The speech concluded with an earnest exhortation to the citizens of -New York to do something, without saying what, but which with my -misgivings and presentiments, the whole tenor of the speech and the -circumstances which attended it--delivered in the moneyed metropolis -of the Union, at a time when there was no political canvass -depending, and the ominous omission to name what was required to -be done--appeared to me to be an invitation to the New York banks -to close their doors! which being done by them would be an example -followed throughout the Union, and produce the consummation of a -universal suspension. The following is that conclusion: - - "Whigs of New York! Patriotic citizens of this great - metropolis!--Lovers of constitutional liberty, bound by interest - and affection to the institutions of your country, Americans - in heart and in principle! You are ready, I am sure, to fulfil - all the duties imposed upon you by your situation, and demanded - of you by your country. You have a central position; your city - is the point from which intelligence emanates, and spreads in - all directions over the whole land. Every hour carries reports - of your sentiments and opinions to the verge of the Union. You - cannot escape the responsibility which circumstances have thrown - upon you. You must live and act on a broad and conspicuous - theatre either for good or for evil, to your country. You cannot - shrink away from public duties; you cannot obscure yourselves, - nor bury your talent. In the common welfare, in the common - prosperity, in the common glory of Americans, you have a stake, - of value not to be calculated. You have an interest in the - preservation of the Union, of the constitution, and of the true - principles of the government, which no man can estimate. You - act for yourselves, and for the generations that are to come - after you; and those who, ages hence, shall bear your names, - and partake your blood, will feel in their political and social - condition, the consequences of the manner in which you discharge - your political duties." - -The appeal for action in this paragraph is vehement. It takes every -form of violent desire which is known to the art of entreaty. -Supplication, solicitation, remonstrance, importunity, prayer, -menace! until rising to the dignity of a debt due from a moneyed -metropolis to an expectant community, he demanded payment as matter -of right! and enforced the demand as an obligation of necessity, as -well as of duty, and from which such a community could not escape, -if it would. The nature of the action which was so vehemently -desired, could not be mistaken. I hold it a fair interpretation of -this appeal that it was an exhortation to the business population -of the commercial metropolis of the Union to take the initiative -in suspending specie payments, and a justificatory manifesto for -doing so; and that the speech itself was the first step in the grand -performance: and so it seemed to be understood. It was received -with unbounded applause, lauded to the skies, cheered to the echo, -carefully and elaborately prepared for publication,--published -and republished in newspaper and pamphlet form; and universally -circulated. This was in the first month of Mr. Van Buren's -presidency, and it will be seen what the second one brought forth. - -The specie circular--that treasury order of President Jackson, -which saved the public lands from being converted into broken bank -paper--was the subject of repeated denunciatory reference--very -erroneous, as the event has proved, in its estimate of the measure; -but quite correct in its history, and amusing in its reference to -some of the friends of the administration who undertook to act a -part for and against the rescission of the order at the same time. - - "Mr. Webster then came to the treasury circular, and related the - history of the late legislation upon it. 'A member of Congress,' - said he, 'prepared this very treasury order in 1836, but the - only vote he got for it was his own--he stood 'solitary' and - 'alone' (a laugh); and yet eleven days after Congress had - adjourned--only six months after the President in his annual - message had congratulated the people upon the prosperous sales - of the public lands,--this order came out in known and direct - opposition to the wishes of nine-tenths of the members of - Congress.'" - -This is good history from a close witness of what he relates. The -member referred to as having prepared the treasury order, and -offered it in the shape of a bill in the Senate, and getting no vote -for it but his own,--who stood solitary and alone on that occasion, -as well as on some others--was no other than the writer of this -View; and he has lived to see about as much unanimity in favor of -that measure since as there was against it then. Nine-tenths of the -members of Congress were then against it, but from very different -motives--some because they were deeply engaged in land speculations, -and borrowed paper from the banks for the purpose; some because -they were in the interest of the banks, and wished to give their -paper credit and circulation; others because they were sincere -believers in the paper system; others because they were opposed -to the President, and believed him to be in favor of the measure; -others again from mere timidity of temperament, and constitutional -inability to act strongly. And these various descriptions embraced -friends as well as foes to the administration. Mr. Webster says -the order was issued eleven days after that Congress adjourned -which had so unanimously rejected it. That is true. We only waited -for Congress to be gone to issue the order. Mr. Benton was in the -room of the private secretary (Mr. Donelson), hard by the council -chamber, while the cabinet sat in council upon this measure. They -were mostly against it. General Jackson ordered it, and directed -the private Secretary to bring him a draft of the order to be -issued. He came to Mr. Benton to draw it--who did so: and being -altered a little, it was given to the Secretary of the Treasury to -be promulgated. Then Mr. Benton asked for his draft, that he might -destroy it. The private secretary said no--that the time might come -when it should be known who was at the bottom of that Treasury -order: and that he would keep it. It was issued on the strong will -and clear head of President Jackson, and saved many ten millions -to the public treasury. Bales of bank notes were on the road to -be converted into public lands which this order overtook, and -sent back, to depreciate in the vaults of the banks instead of the -coffers of the treasury. To repeal the order by law was the effort -as soon as Congress met, and direct legislation to that effect was -proposed by Mr. Ewing, of Ohio, but superseded by a circumlocutory -bill from Mr. Walker and Mr. Rives, which the President treated as a -nullity for want of intelligibility: and of which Mr. Webster gave -this account: - - "If he himself had had power, he would have voted for Mr. - Ewing's proposition to repeal the order, in terms which Mr. - Butler and the late President could not have misunderstood; - but power was so strong, and members of Congress had now - become so delicate about giving offence to it, that it would - not do, for the world, to repeal the obnoxious circular, - plainly and forthwith; but the ingenuity of the friends of - the administration must dodge around it, and over it--and now - Mr. Butler had the unkindness to tell them that their views - neither he, lawyer as he is, nor the President, could possibly - understand (a laugh), and that, as it could not be understood, - the President had pocketed it--and left it upon the archives of - state, no doubt to be studied there. Mr. W. would call attention - to the remarkable fact, that though the Senate acted upon this - currency bill in season, yet it was put off, and put off--so - that, by no action upon it before the ten days allowed the - President by the constitution, the power over it was completely - in his will, even though the whole nation and every member of - Congress wished for its repeal. Mr. W., however, believed that - such was the pressure of public opinion upon the new President, - that it must soon be repealed." - -This amphibology of the bill, and delay in passing it, and this -dodging around and over, was occasioned by what Mr. Webster calls -the delicacy of some members who had the difficult part to play, -of going with the enemies of the administration without going -against the administration. A chapter in the first volume of this -View gives the history of this work; and the last sentence in the -passage quoted from Mr. Webster's speech gives the key to the views -in which the speech originated, and to the proceedings by which it -was accompanied and followed. "_It is believed that such is the -pressure of public opinion upon the new President that it must soon -be repealed._" - -In another part of his speech, Mr. Webster shows that the repealing -bill was put by the whigs into the hands of certain friends of -the administration, to be by them seasoned into a palatable dish; -and that they gained no favor with the "bold man" who despised -flinching, and loved decision, even in a foe. Thus: - - "At the commencement of the last session, as you know, - gentlemen, a resolution was brought forward in the Senate for - annulling and abrogating this order, by Mr. Ewing, a gentleman - of much intelligence, of sound principles, of vigorous and - energetic character, whose loss from the service of the country, - I regard as a public misfortune. The whig members all supported - this resolution, and all the members, I believe, with the - exception of some five or six, were very anxious, in some way, - to get rid of the treasury order. But Mr. Ewing's resolution - was too direct. It was deemed a pointed and ungracious attack - on executive policy. Therefore, it must be softened, modified, - qualified, made to sound less harsh to the ears of men in power, - and to assume a plausible, polished, inoffensive character. It - was accordingly put into the plastic hands of the friends of the - executive, to be moulded and fashioned, so that it might have - the effect of ridding the country of the obnoxious order, and - yet not appear to question executive infallibility. All this - did not answer. The late President is not a man to be satisfied - with soft words; and he saw in the measure, even as it passed - the two houses, a substantial repeal of the order. He is a man - of boldness and decision; and he respects boldness and decision - in others. If you are his friend, he expects no flinching; - and if you are his adversary, he respects you none the less, - for carrying your opposition to the full limits of honorable - warfare." - -Mr. Webster must have been greatly dissatisfied with his democratic -allies, when he could thus, in a public speech, before such -an audience, and within one short month after they had been -co-operating with him, hold them up as equally unmeritable in the -eyes of both parties. - -History deems it essential to present this New York speech of -Mr. Webster as part of a great movement, without a knowledge of -which the view would be imperfect. It was the first formal public -step which was to inaugurate the new distress, and organize the -proceedings for shutting up the banks, and with them, the federal -treasury, with a view to coerce the government into submission to -the Bank of the United States and its confederate politicians. Mr. -Van Buren was a man of great suavity and gentleness of deportment, -and, to those who associated the idea of violence with firmness, -might be supposed deficient in that quality. An experiment upon -his nerves was resolved on--a pressure of public opinion, in the -language of Mr. Webster, under which his gentle temperament was -expected to yield. - - - - -CHAPTER IV. - -PROGRESS OF THE DISTRESS, AND PRELIMINARIES FOR THE SUSPENSION. - - -The speech of Mr. Webster--his appeal for action--was soon followed -by its appointed consequence--an immense meeting in the city of -New York. The speech did not produce the meeting, any more than -the meeting produced the speech. Both were in the programme, and -performed as prescribed, in their respective places--the speech -first, the meeting afterwards; and the latter justified by the -former. It was an immense assemblage, composed of the elite of what -was foremost in the city for property, talent, respectability; and -took for its business the consideration of the times: the distress -of the times, and the nature of the remedy. The imposing form of -a meeting, solemn as well as numerous and respectable, was gone -through: speeches made, resolutions adopted: order and emphasis -given to the proceedings. A president, ten vice-presidents, -two secretaries, seven orators (Mr. Webster not among them: he -had performed his part, and made his exit), officiated in the -ceremonies; and thousands of citizens constituted the accumulated -mass. The spirit and proceedings of the meeting were concentrated -in a series of resolves, each stronger than the other, and each -more welcome than the former; and all progressive, from facts and -principles declared, to duties and performances recommended. The -first resolve declared the existence of the distress, and made the -picture gloomy enough. It was in these words: - - "Whereas, the great commercial interests of our city have - nearly reached a point of general ruin--our merchants driven - from a state of prosperity to that of unprecedented difficulty - and bankruptcy--the business, activity and energy, which - have heretofore made us the polar star of the new world, is - daily sinking, and taking from us the fruits of years of - industry--reducing the aged among us, who but yesterday were - sufficiently in affluence, to a state of comparative want; and - blighting the prospects, and blasting the hopes of the young - throughout our once prosperous land: we deem it our duty to - express to the country our situation and desires, while yet - there is time to retrace error, and secure those rights and - perpetuate those principles which were bequeathed us by our - fathers, and which we are bound to make every honorable effort - to maintain." - -After the fact of the distress, thus established by a resolve, came -the cause; and this was the condensation of Mr. Webster's speech, -collecting into a point what had been oratorically diffused over -a wide surface. What was itself a condensation cannot be farther -abridged, and must be given in its own words: - - "That the wide-spread disaster which has overtaken the - commercial interests of the country, and which threatens - to produce general bankruptcy, may be in a great measure - ascribed to the interference of the general government with - the commercial and business operations of the country; its - intermeddling with the currency; its destruction of the national - bank; its attempt to substitute a metallic for a credit - currency; and, finally, to the issuing by the President of - the United States of the treasury order, known as the 'specie - circular.'" - -The next resolve foreshadowed the consequences which follow from -governmental perseverance in such calamitous measures--general -bankruptcy to the dealing classes, starvation to the laboring -classes, public convulsions, and danger to our political -institutions; with an admonition to the new President of what might -happen to himself, if he persevered in the "_experiments_" of a -predecessor whose tyranny and oppression had made him the scourge of -his country. But let the resolve speak for itself: - - "That while we would do nothing which might for a moment - compromit our respect for the laws, we feel it incumbent - upon us to remind the executive of the nation, that the - government of the country, as of late administered, has - become the oppressor of the people, instead of affording them - protection--that his perseverance in the experiment of his - predecessor (after the public voice, in every way in which that - voice could be expressed, has clearly denounced it as ruinous - to the best interests of the country) has already caused the - ruin of thousands of merchants, thrown tens of thousands of - mechanics and laborers out of employment, depreciated the - value of our great staple millions of dollars, destroyed the - internal exchanges, and prostrated the energies and blighted - the prospects of the industrious and enterprising portion - of our people; and must, if persevered in, not only produce - _starvation_ among the laboring classes, but inevitably lead - to disturbances which may endanger the stability of our - institutions themselves." - -This word "_experiment_" had become a staple phrase in all the -distress oratory and literature of the day, sometimes heightened -by the prefix of "_quack_," and was applied to all the efforts of -the administration to return the federal government to the hard -money currency, which was the currency of the constitution and the -currency of all countries; and which efforts were now treated as -novelties and dangerous innovations. Universal was the use of the -phrase by one of the political parties some twenty years ago: dead -silent are their tongues upon it now! Twenty years of successful -working of the government under the hard money system has put an -end to the repetition of a phrase which has suffered the fate of -all catch-words of party, and became more distasteful to its old -employers than it ever was to their adversaries. It has not been -heard since the federal government got divorced from bank and paper -money! since gold and silver has become the sole currency of the -federal government! since, in fact, the memorable epoch when the -Bank of the United States (former sovereign remedy for all the ills -the body politic was heir to) has become a defunct authority, and an -"obsolete idea." - -The next resolve proposed a direct movement upon the -President--nothing less than a committee of fifty to wait upon -him, and "_remonstrate_" with him upon what was called the ruinous -measures of the government. - - "That a committee of not less than fifty be appointed to repair - to Washington, and remonstrate with the Executive against the - continuance of "the specie circular;" and in behalf of this - meeting and in the name of the merchants of New York, and the - people of the United States, urge its immediate repeal." - -This formidable committee, limited to a minimum of fifty, open to -a maximum of any amount, besides this "_remonstrance_" against the -specie circular, were also instructed to petition the President to -forbear the collection of merchants' bonds by suit; and also to call -an extra session of Congress. The first of these measures was to -stop the collection of the accruing revenues: the second, to obtain -from Congress that submission to the bank power which could not be -obtained from the President. Formidable as were the arrangements -for acting on the President, provision was discreetly made for -a possible failure, and for the prosecution of other measures. -With this view, the committee of fifty, after their return from -Washington, were directed to call another general meeting of the -citizens of New York, and to report to them the results of their -mission. A concluding resolution invited the co-operation of the -other great cities in these proceedings, and seemed to look to an -imposing demonstration of physical force, and strong determination, -as a means of acting on the mind, or will of the President; and thus -controlling the free action of the constitutional authorities. This -resolve was specially addressed to the merchants of Philadelphia, -Boston and Baltimore, and generally addressed to all other -commercial cities, and earnestly prayed their assistance in saving -the whole country from ruin. - - "That merchants of Philadelphia, Boston, Baltimore, and the - commercial cities of the Union, be respectfully requested to - unite with us in our remonstrance and petition, and to use their - exertions, in connection with us, to induce the Executive of - the nation to listen to the voice of the people, and to recede - from a measure under the evils of which we are now laboring, and - which threatens to involve the whole country in ruin." - -The language and import of all these resolves and proceedings were -sufficiently strong, and indicated a feeling but little short of -violence towards the government; but, according to the newspapers -of the city, they were subdued and moderate--tame and spiritless, -in comparison to the feeling which animated the great meeting. A -leading paper thus characterized that feeling: - - "The meeting was a remarkable one for the vast numbers - assembled--the entire decorum of the proceedings--and especially - for the deep, though subdued and restrained, excitement which - evidently pervaded the mighty mass. It was a spectacle that - could not be looked upon without emotion,--that of many thousand - men trembling, as it were, on the brink of ruin, owing to the - measures, as they verily believe, of their own government, - which should be their friend, instead of their oppressor--and - yet meeting with deliberation and calmness, listening to a - narrative of their wrongs, and the causes thereof, adopting - such resolutions as were deemed judicious; and then quietly - separating, to abide the result of their firm but respectful - remonstrances. But it is proper and fit to say that this - moderation must not be mistaken for pusillanimity, nor be - trifled with, as though it could not by any aggravation of - wrong be moved from its propriety. No man accustomed, from the - expression of the countenance, to translate the emotions of the - heart, could have looked upon the faces and the bearing of the - multitude assembled last evening, and not have felt that there - were fires smouldering there, which a single spark might cause - to burst into flame." - -Smouldering fires which a single spark might light into a flame! -Possibly that spark might have been the opposing voice of some -citizen, who thought the meeting mistaken, both in the fact of -the ruin of the country and the attribution of that ruin to the -specie circular. No such voice was lifted--no such spark applied, -and the proposition to march 10,000 men to Washington to demand a -redress of grievances was not sanctioned. The committee of fifty -was deemed sufficient, as they certainly were, for every purpose of -peaceful communication. They were eminently respectable citizens, -any two, or any one of which, or even a mail transmission of their -petition, would have commanded for it a most respectful attention. -The grand committee arrived at Washington--asked an audience of the -President--received it; but with the precaution (to avoid mistakes) -that written communications should alone be used. The committee -therefore presented their demands in writing, and a paragraph from -it will show the degree to which the feeling of the city had allowed -itself to be worked up. - - "We do not tell a fictitious tale of woe; we have no selfish or - partisan views to sustain, when we assure you that the noble - city which we represent, lies prostrate in despair, its credit - blighted, its industry paralyzed, and without a hope beaming - through the darkness of the future, unless the government of our - country can be induced to relinquish the measures to which we - attribute our distress. We fully appreciate the respect which - is due to our chief magistrate, and disclaim every intention - inconsistent with that feeling; but we speak in behalf of a - community which trembles upon the brink of ruin, which deems - itself an adequate judge of all questions connected with the - trade and currency of the country, and believes that the policy - adopted by the recent administration and sustained by the - present, is founded in error, and threatens the destruction of - every department of industry. Under a deep impression of the - propriety of confining our declarations within moderate limits, - we affirm that the value of our real estate has, within the last - six months, depreciated more than forty millions: that within - the last two months, there have been more than two hundred and - fifty failures of houses engaged in extensive business: that - within the same period, a decline of twenty millions of dollars - has occurred in our local stocks, including those railroad - and canal incorporations, which, though chartered in other - States, depend chiefly upon New York for their sale: that the - immense amount of merchandise in our warehouses has within the - same period fallen in value at least thirty per cent.; that - within a few weeks, not less than twenty thousand individuals, - depending on their daily labor for their daily bread, have been - discharged by their employers, because the means of retaining - them were exhausted--and that a complete blight has fallen upon - a community heretofore so active, enterprising and prosperous. - The error of our rulers has produced a wider desolation than the - pestilence which depopulated our streets, or the conflagration, - which laid them in ashes. We believe that it is unjust to - attribute these evils to any excessive development of mercantile - enterprise, and that they really flow from that unwise system - which aimed at the substitution of a metallic for a paper - currency--the system which gave the first shock to the fabric of - our commercial prosperity by removing the public deposits from - the United States bank, which weakened every part of the edifice - by the destruction of that useful and efficient institution, - and now threatens to crumble it into a mass of ruins under the - operations of the specie circular, which withdrew the gold and - silver of the country from the channels in which it could be - profitably employed. We assert that the experiment has had a - fair--a liberal trial, and that disappointment and mischief are - visible in all its results--that the promise of a regulated - currency and equalized exchanges has been broken, the currency - totally disordered, and internal exchanges almost entirely - discontinued. We, therefore, make our earnest appeal to the - Executive, and ask whether it is not time to interpose the - paternal authority of the government, and abandon the policy - which is beggaring the people." - -The address was read to the President. He heard it with entire -composure--made no sort of remark upon it--treated the gentlemen -with exquisite politeness--and promised them a written answer the -next day. This was the third of May: on the fourth the answer -was delivered. It was an answer worthy of a President--a calm, -quiet, decent, peremptory refusal to comply with a single one of -their demands! with a brief reason, avoiding all controversy, and -foreclosing all further application, by a clean refusal in each -case. The committee had nothing to do but to return, and report: and -they did so. There had been a mistake committed in the estimate of -the man. Mr. Van Buren vindicated equally the rights of the chief -magistrate, and his own personal decorum; and left the committee -without any thing to complain of, although unsuccessful in all their -objects. He also had another opportunity of vindicating his personal -and official decorum in another visit which he received about the -same time. Mr. Biddle called to see the President--apparently a -call of respect on the chief magistrate--about the same time, but -evidently with the design to be consulted, and to appear as the -great restorer of the currency. Mr. Van Buren received the visit -according to its apparent intent, with entire civility, and without -a word on public affairs. Believing Mr. Biddle to be at the bottom -of the suspension, he could not treat him with the confidence and -respect which a consultation would imply. He (Mr. Biddle) felt the -slight, and caused this notice to be put in the papers: - - "Being on other business at Washington, Mr. Biddle took occasion - to call on the President of the United States, to pay his - respects to him in that character, and especially, to afford the - President an opportunity, if he chose to embrace it, to speak of - the present state of things, and to confer, if he saw fit, with - the head of the largest banking institution in the country--and - that the institution in which such general application has been - made for relief. During the interview, however, the President - remained profoundly silent upon the great and interesting topics - of the day; and as Mr. Biddle did not think it his business to - introduce them, not a word in relation to them was said." - -Returning to New York, the committee convoked another general -meeting of the citizens, as required to do at the time of their -appointment; and made their report to it, recommending further -forbearance, and further reliance on the ballot box, although (as -they said) history recorded many popular insurrections where the -provocation was less. A passage from this report will show its -spirit, and to what excess a community may be excited about nothing, -by the mutual inflammation of each other's passions and complaints, -combined with a power to act upon the business and interests of the -people. - - "From this correspondence it is obvious, fellow-citizens, that - we must abandon all hope that either the justice of our claims - or the severity of our sufferings will induce the Executive to - abandon or relax the policy which has produced such desolating - effects--and it remains for us to consider what more is to be - done in this awful crisis of our affairs. Our first duty under - losses and distresses which we have endured, is to cherish with - religious care the blessings which we yet enjoy, and which can - be protected only by a strict observance of the laws upon which - society depends for security and happiness. We do not disguise - our opinion that the pages of history record, and the opinions - of mankind justify, numerous instances of popular insurrection, - the provocation to which was less severe than the evils of which - we complain. But in these cases, the outraged and oppressed - had no other means of redress. Our case is different. If we - can succeed in an effort to bring public opinion into sympathy - with the views which we entertain, the Executive will abandon - the policy which oppresses, instead of protecting the people. - Do not despair because the time at which the ballot box can - exercise its healing influence appears so remote--the sagacity - of the practical politician will perceive the change in public - sentiment before you are aware of its approach. But the effort - to produce this change must be vigorous and untiring." - -The meeting adopted corresponding resolutions. Despairing of acting -on the President, the move was to act upon the people--to rouse and -combine them against an administration which was destroying their -industry, and to remove from power (at the elections) those who were -destroying the industry of the country. Thus: - - "_Resolved_, That the interests of the capitalists, merchants, - manufacturers, mechanics and industrious classes, are dependent - upon each other, and any measures of the government which - prostrate the active business men of the community, will also - deprive honest industry of its reward; and we call upon all our - fellow-citizens to unite with us in removing from power those - who persist in a system that is destroying the prosperity of our - country." - -Another resolve summed up the list of grievances of which they -complained, and enumerated the causes of the pervading ruin which -had been brought upon the country. Thus: - - "_Resolved_, That the chief causes of the existing distress - are the defeat of Mr. Clay's land bill, the removal of the - public deposits, the refusal to re-charter the Bank of the - United States, and the issuing of the specie circular. The land - bill was passed by the people's representatives, and vetoed - by the President--the bill rechartering the bank was passed - by the people's representatives, and vetoed by the President. - The people's representatives declared by a solemn resolution, - that the public deposits were safe in the United States Bank; - within a few weeks thereafter, the President removed the public - deposits. The people's representatives passed a bill rescinding - the specie circular: the President destroyed it by omitting - to return it within the limited period; and in the answer to - our addresses, President Van Buren declares that the specie - circular was issued by his predecessor, omitting all notice - of the Secretary of the Treasury, who is amenable directly to - Congress, and charged by the act creating his department with - the superintendence of the finances, and who signed the order." - -These two resolves deserve to be noted. They were not empty or -impotent menace. They were for action, and became what they were -intended for. The moneyed corporations, united with a political -party, were in the field as a political power, to govern the -elections, and to govern them, by the only means known to a moneyed -power--by operating on the interests of men, seducing some, alarming -and distressing the masses. They are the key to the manner of -conducting the presidential election, and which will be spoken of in -the proper place. The union of Church and State has been generally -condemned: the union of Bank and State is far more condemnable. -Here the union was not with the State, but with a political party, -nearly as strong as the party in possession of the government, -and exemplified the evils of the meretricious connection between -money and politics; and nothing but this union could have produced -the state of things which so long afflicted the country, and from -which it has been relieved, not by the cessation of their imputed -causes, but by their perpetuation. It is now near twenty years -since this great meeting was held in New York. The ruinous measures -complained of have not been revoked, but become permanent. They have -been in full force, and made stronger, for near twenty years. The -universal and black destruction which was to ensue their briefest -continuance, has been substituted by the most solid, brilliant, -pervading, and abiding prosperity that any people ever beheld. -Thanks to the divorce of Bank and State. But the consummation was -not yet. Strong in her name, and old recollections, and in her -political connections--dominant over other banks--bribing with -one hand, scourging with the other--a long retinue of debtors and -retainers--desperate in her condition--impotent for good, powerful -for evil--confederated with restless politicians, and wickedly, -corruptly, and revengefully ruled: the Great Red Harlot, profaning -the name of a National Bank, was still to continue a while longer -its career of abominations--maintaining dubious contest with the -government which created it, upon whose name and revenues it had -gained the wealth and power of which it was still the shade, and -whose destruction it plotted because it could not rule it. Posterity -should know these things, that by avoiding bank connections, their -governments may avoid the evils that we have suffered; and, by -seeing the excitements of 1837, they may save themselves from ever -becoming the victims of such delusion. - - - - -CHAPTER V. - -ACTUAL SUSPENSION OF THE BANKS: PROPAGATION OF THE ALARM. - - -None of the public meetings, and there were many following the -leading one in New York, recommended in terms a suspension of specie -payments by the banks. All avoided, by concert or instinct, the -naming of that high measure; but it was in the list, and at the head -of the list, of the measures to be adopted; and every thing said or -done was with a view to that crowning event; and to prepare the way -for it before it came; and to plead its subsequent justification by -showing its previous necessity. It was in the programme, and bound -to come in its appointed time; and did--and that within a few days -after the last great meeting in New York. It took place quietly -and generally, on the morning of the 10th of May, altogether, and -with a concert and punctuality of action, and with a military and -police preparation, which announced arrangement and determination; -such as attend revolts and insurrections in other countries. The -preceding night all the banks of the city, three excepted, met -by their officers, and adopted resolutions to close their doors -in the morning: and gave out notice to that effect. At the same -time three regiments of volunteers, and a squadron of horse, were -placed on duty in the principal parts of the city; and the entire -police force, largely reinforced with special constables, was on -foot. This was to suppress the discontent of those who might be -too much dissatisfied at being repulsed when they came to ask for -the amount of a deposit, or the contents of a bank note. It was -a humiliating spectacle, but an effectual precaution. The people -remained quiet. At twelve o'clock a large mercantile meeting took -place. Resolutions were adopted by it to sustain the suspension, -and the newspaper press was profuse and energetic in its support. -The measure was consummated: the suspension was complete: it was -triumphant in that city whose example, in such a case, was law to -the rest of the Union. But, let due discrimination be made. Though -all the banks joined in the act, all were not equally culpable; and -some, in fact, not culpable at all, but victims of the criminality, -or misfortunes of others. It was the effect of necessity with the -deposit banks, exhausted by vain efforts to meet the quarterly -deliveries of the forty millions to be deposited with the States; -and pressed on all sides because they were government banks, and -because the programme required them to stop first. It was an act of -self-defence in others which were too weak to stand alone, and which -followed with reluctance an example which they could not resist. -With others it was an act of policy, and of criminal contrivance, -as the means of carrying a real distress into the ranks of the -people, and exciting them against the political party to whose -acts the distress was attributed. But the prime mover, and master -manager of the suspension, was the Bank of the United States, then -rotten to the core and tottering to its fall, but strong enough to -carry others with it, and seeking to hide its own downfall in the -crash of a general catastrophe. Having contrived the suspension, it -wished to appear as opposing it, and as having been dragged down -by others; and accordingly took the attitude of a victim. But the -impudence and emptiness of that pretension was soon exposed by the -difficulty which other banks had in forcing her to resume; and by -the facility with which she fell back, "solitary and alone," into -the state of permanent insolvency from which the other banks had -momentarily galvanized her. But the occasion was too good to be lost -for one of those complacent epistles, models of quiet impudence and -cool mendacity, with which Mr. Biddle was accustomed to regale the -public in seasons of moneyed distress. It was impossible to forego -such an opportunity; and, accordingly, three days after the New York -suspension, and two days after his own, he held forth in a strain -of which the following is a sample: - - "All the deposit banks of the government of the United States in - the city of New York suspended specie payments this week--the - deposit banks elsewhere have followed their example; which was - of course adopted by the State banks not connected with the - government. I say of course, because it is certain that when - the government banks cease to pay specie, all the other banks - must cease, and for this clear reason. The great creditor in - the United States is the government. It receives for duties the - notes of the various banks, which are placed for collection in - certain government banks, and are paid to those government banks - in specie if requested. From the moment that the deposit banks - of New York, failed to comply with their engagements, it was - manifest that all the other deposit banks must do the same, that - there must be a universal suspension throughout the country, and - that the treasury itself in the midst of its nominal abundance - must be practically bankrupt." - -This was all true. The stoppage of the deposit banks was the -stoppage of the Treasury. Non-payment by the government, was an -excuse for non-payment by others. Bankruptcy was the legal condition -of non-payment; and that condition was the fate of the government as -well as of others; and all this was perfectly known before by those -who contrived, and those who resisted the deposit with the States -and the use of paper money by the federal government. These two -measures made the suspension and the bankruptcy; and all this was so -obvious to the writer of this View that he proclaimed it incessantly -in his speeches, and was amazed at the conduct of those professing -friends of the administration who voted with the opposition on -these measures, and by their votes insured the bankruptcy of the -government which they professed to support. Mr. Biddle was right. -The deposit banks were gone; the federal treasury was bankrupt; and -those two events were two steps on the road which was to lead to the -re-establishment of the Bank of the United States! and Mr. Biddle -stood ready with his bank to travel that road. The next paragraph -displayed this readiness. - - "In the midst of these disorders the Bank of the United States - occupies a peculiar position, and has special duties. Had it - consulted merely its own strength it would have continued its - payments without reserve. But in such a state of things the - first consideration is how to escape from it--how to provide - at the earliest practicable moment to change a condition which - should not be tolerated beyond the necessity which commanded it. - The old associations, the extensive connections, the established - credit, the large capital of the Bank of the United States, - rendered it the natural rallying point of the country for the - resumption of specie payments. It seemed wiser, therefore, not - to waste its strength in a struggle which might be doubtful - while the Executive persevered in its present policy, but to - husband all its resources so as to profit by the first favorable - moment to take the lead in the early resumption of specie - payments. Accordingly the Bank of the United States assumes that - position. From this moment its efforts will be to keep itself - strong, and to make itself stronger; always prepared and always - anxious to assist in recalling the currency and the exchanges of - the country to the point from which they have fallen. It will - co-operate cordially and zealously with the government, with the - government banks, with all the other banks, and with any other - influences which can aid in that object." - -This was a bold face for an eviscerated institution to assume--one -which was then nothing but the empty skin of an immolated -victim--the contriver of the suspension to cover its own rottenness, -and the architect of distress and ruin that out of the public -calamity it might get again into existence and replenish its -coffers out of the revenues and credit of the federal government. -"Would have continued specie payments, if it had only consulted -its own strength"--"only suspended from a sense of duty and -patriotism"--"will take the lead in resuming"--"assumes the position -of restorer of the currency"--"presents itself as the rallying -point of the country in the resumption of specie payments"--"even -promises to co-operate with the government:" such were the impudent -professions at the very moment that this restorer of currency, and -rallying point of resumption, was plotting a continuance of the -distress and suspension until it could get hold of the federal -moneys to recover upon; and without which it never could recover. - -Indissolubly connected with this bank suspension, and throwing -a broad light upon its history, (if further light were wanted,) -was Mr. Webster's tour to the West, and the speeches which he -made in the course of it. The tour extended to the Valley of the -Mississippi, and the speeches took for their burden the distress and -the suspension, excusing and justifying the banks, throwing all -blame upon the government, and looking to the Bank of the United -States for the sole remedy. It was at Wheeling that he opened the -series of speeches which he delivered in his tour, it being at that -place that he was overtaken by the news of the suspension, and which -furnished him with the text for his discourse. - - "Recent evils have not at all surprised me, except that they - have come sooner and faster than I had anticipated. But, though - not surprised, I am afflicted; I feel any thing but pleasure - in this early fulfilment of my own predictions. Much injury is - done which the wisest future counsels can never repair, and - much more that can never be remedied but by such counsels and - by the lapse of time. From 1832 to the present moment I have - foreseen this result. I may safely say I have foreseen it, - because I have presented and proclaimed its approach in every - important discussion and debate, in the public body of which I - am a member. We learn to-day that most of the eastern banks have - stopped payment; deposit banks as well as others. The experiment - has exploded. That bubble, which so many of us have all along - regarded as the offspring of conceit, presumption and political - quackery, has burst. A general suspension of payment must be the - result; a result which has come, even sooner than was predicted. - Where is now that better currency that was promised? Where is - that specie circulation? Where are those rupees of gold and - silver, which were to fill the treasury of the government as - well as the pockets of the people? Has the government a single - hard dollar? Has the treasury any thing in the world but credit - and deposits in banks that have already suspended payment? How - are public creditors now to be paid in specie? How are the - deposits, which the law requires to be made with the states on - the 1st of July, now to be made." - -This was the first speech that Mr. Webster delivered after the -great one before the suspension in New York, and may be considered -the epilogue after the performance as the former was the prologue -before it. It is a speech of exultation, with bitter taunts to -the government. In one respect his information was different from -mine. He said the suspension came sooner than was expected: my -information was that it came later, a month later; and that he -himself was the cause of the delay. My information was that it was -to take place in the first month of Mr. Van Buren's administration, -and that the speech which was to precede it was to be delivered -early in March, immediately after the adjournment of Congress: -but it was not delivered till the middle of that month, nor got -ready for _pamphlet_ publication until the middle of April; which -delay occasioned a corresponding postponement in all the subsequent -proceedings. The complete shutting up of the treasury--the loss -of its moneys--the substitution of broken bank paper for hard -money--the impossibility of paying a dollar to a creditor: these -were the points of his complacent declamation: and having made -these points strong enough and clear enough, he came to the remedy, -and fell upon the same one, in almost the same words, that Mr. -Biddle was using at the same time, four hundred miles distant, in -Philadelphia: and that without the aid of the electric telegraph, -not then in use. The recourse to the Bank of the United States was -that remedy! that bank strong enough to hold out, (unhappily the -news of its suspending arrived while he was speaking:) patriotic -enough to do so! but under no obligation to do better than the -deposit banks! and justifiable in following their example. Hear him: - - "The United States Bank, now a mere state institution, with no - public deposits, no aid from government, but, on the contrary, - long an object of bitter persecution by it, was at our latest - advices still firm. But can we expect of that Bank to make - sacrifices to continue specie payment? If it continue to do so, - now the deposit banks have stopped, the government will draw - from it its last dollar, if it can do so, in order to keep up a - pretence of making its own payments in specie. I shall be glad - if this institution find it prudent and proper to hold out; but - as it owes no more duty to the government than any other bank, - and, of course, much less than the deposit banks, I cannot see - any ground for demanding from it efforts and sacrifices to favor - the government, which those holding the public money, and owing - duty to the government, are unwilling or unable to make; nor do - I see how the New England banks can stand alone in the general - crush." - -The suspension was now complete; and it was evident, and as good -as admitted by those who had made it, that it was the effect of -contrivance on the part of politicians, and the so-called Bank of -the United States, for the purpose of restoring themselves to power. -The whole process was now clear to the vision of those who could see -nothing while it was going on. Even those of the democratic party -whose votes had helped to do the mischief, could now see that the -attempt to deposit forty millions with the States was destruction -to the deposit banks;--that the repeal of the specie circular was -to fill the treasury with paper money, to be found useless when -wanted;--that distress was purposely created in order to throw the -blame of it upon the party in power;--that the promptitude with -which the Bank of the United States had been brought forward as a -remedy for the distress, showed that it had been held in reserve for -that purpose;--and the delight with which the whig party saluted the -general calamity, showed that they considered it their own passport -to power. All this became visible, after the mischief was over, to -those who could see nothing of it before it was done. - - - - -CHAPTER VI. - -TRANSMIGRATION OF THE BANK OF THE UNITED STATES FROM A FEDERAL TO A -STATE INSTITUTION. - - -This institution having again appeared on the public theatre, -politically and financially, and with power to influence national -legislation, and to control moneyed corporations, and with -art and skill enough to deceive astute merchants and trained -politicians,--(for it is not to be supposed that such men would -have committed themselves in her favor if they had known her -condition,)--it becomes necessary to trace her history since the -expiration of her charter, and learn by what means she continued an -existence, apparently without change, after having undergone the -process which, in law and in reason, is the death of a corporation. -It is a marvellous history, opening a new chapter in the necrology -of corporations, very curious to study, and involving in its -solution, besides the biological mystery, the exposure of a legal -fraud and juggle, a legislative smuggle, and a corrupt enactment. -The charter of the corporation had expired upon its own limitation -in the year 1836: it was entitled to two years to wind up its -affairs, engaging in no new business: but was seen to go on after -the expiration, as if still in full life, and without the change of -an attribute or feature. The explanation is this: - -On the 19th day of January, in the year 1836, a bill was reported -in the House of Representatives of the General Assembly of -Pennsylvania, entitled, "_An act to repeal the State tax, and to -continue the improvement of the State by railroads and canals; -and for other purposes_." It came from the standing committee on -"_Inland navigation and internal improvement_;" and was, in fact, -a bill to repeal a tax and make roads and canals, but which, -under the vague and usually unimportant generality of "_other -purposes_," contained the entire draught of a charter for the -Bank of the United States--adopting it as a Pennsylvania State -bank. The introduction of the bill, with this addendum, colossal -tail to it, was a surprise upon the House. No petition had asked -for such a bank: no motion had been made in relation to it: no -inquiry had been sent to any committee: no notice of any kind -had heralded its approach: no resolve authorized its report: the -unimportant clause of "_other purposes_," hung on at the end of -the title, could excite no suspicion of the enormous measures -which lurked under its unpretentious phraseology. Its advent was -an apparition: its entrance an intrusion. Some members looked at -each other in amazement. But it was soon evident that it was the -minority only that was mystified--that a majority of the elected -members in the House, and a cluster of exotics in the lobbies, -perfectly understood the intrusive movement:--in brief, it had been -smuggled into the House, and a power was present to protect it -there. This was the first intimation that had reached the General -Assembly, the people of Pennsylvania, or the people of the United -States, that the Bank of the United States was transmigrating! -changing itself from a national to a local institution--from a -federal to a State charter--from an imperial to a provincial -institution--retaining all the while its body and essence, its -nature and attributes, its name and local habitation. It was a new -species of metempsychosis, heretofore confined to souls separated -from bodies, but now appearing in a body that never had a soul: for -that, according to Sir Edward Coke, is the psychological condition -of a corporation--and, above all, of a moneyed corporation. - -The mystified members demanded explanations; and it was a case in -which explanations could not be denied. Mr. Biddle, in a public -letter to an eminent citizen, on whose name he had been accustomed -to hang such productions, (Mr. John Quincy Adams,) attributed the -procedure, so far as he had moved in it, to a "_formal application -on the part of the legislature to know from him on what terms -the expiring bank would receive a charter from it_;" and gave up -the names of two members who had conveyed the application. The -legislature had no knowledge of the proceeding. The two members -whose names had been vouched disavowed the legislative application, -but admitted that, in compliance with suggestions, they had written -a letter to Mr. Biddle in their own names, making the inquiry; but -without the sanction of the legislature, or the knowledge of the -committees of which they were members. They did not explain the -reason which induced them to take the initiative in so important -business; and the belief took root that their good nature had -yielded to an importunity from an invisible source, and that they -had consented to give a private and bungling commencement to what -must have a beginning, and which could not find it in any open or -parliamentary form. It was truly a case in which the first step -cost the difficulty. How to begin was the puzzle, and so to begin -as to conceal the beginning, was the desideratum. The finger of -the bank must not be seen in it, yet, without the touch of that -finger, the movement could not begin. Without something from the -Bank--without some request or application from it, it would have -been gratuitous and impertinent, and might have been insulting and -offensive, to have offered it a State charter. To apply openly for -a charter was to incur a publicity which would be the defeat of -the whole movement. The answer of Mr. Biddle to the two members, -dexterously treating their private letter, obtained by solicitation, -as a formal legislative application, surmounted the difficulty! and -got the Bank before the legislature, where there were friends enough -secretly prepared for the purpose to pass it through. The terms -had been arranged with Mr. Biddle beforehand, so that there was -nothing to be done but to vote. The principal item in these terms -was the stipulation to pay the State the sum of $1,300,000, to be -expended in works of internal improvements; and it was upon this -slender connection with the subject that the whole charter referred -itself to the committee of "_Inland navigation and internal -improvement_;"--to take its place as a proviso to a bill entitled, -"_To repeal the State tax, and to continue the improvements of the -State by railroads and canals_;"--and to be no further indicated in -the title to that act than what could be found under the addendum -of that vague and flexible generality, "_other purposes_;" usually -added to point attention to something not worth a specification. - -Having mastered the first step--the one of greatest difficulty, if -there is truth in the proverb--the remainder of the proceeding was -easy and rapid, the bill, with its proviso, being reported, read a -first, second, and third time, passed the House--sent to the Senate; -read a first, second, and third time there, and passed--sent to -the Governor and approved, and made a law of the land: and all in -as little time as it usually requires to make an act for changing -the name of a man or a county. To add to its titles to infamy, the -repeal of the State tax which it assumed to make, took the air of -a bamboozle, the tax being a temporary imposition, and to expire -within a few days upon its own limitation. The distribution of the -bonus took the aspect of a bribe to the people, being piddled out -in driblets to the inhabitants of the counties: and, to stain the -bill with the last suspicion, a strong lobby force from Philadelphia -hung over its progress, and cheered it along with the affection -and solicitude of parents for their offspring. Every circumstance -of its enactment announced corruption--bribery in the members who -passed the act, and an attempt to bribe the people by distributing -the bonus among them: and the outburst of indignation throughout -the State was vehement and universal. People met in masses to -condemn the act, demand its repeal, to denounce the members who -voted for it, and to call for investigation into the manner in -which it passed. Of course, the legislature which passed it was in -no haste to respond to these demands; but their successors were -different. An election intervened; great changes of members took -place; two-thirds of the new legislature demanded investigation, -and resolved to have it. A committee was appointed, with the usual -ample powers, and sat the usual length of time, and worked with the -usual indefatigability, and made the usual voluminous report; and -with the usual "lame and impotent conclusion." A mass of pregnant -circumstances were collected, covering the whole case with black -suspicion: but direct bribery was proved upon no one. Probably, the -case of the Yazoo fraud is to be the last, as it was the first, in -which a succeeding general assembly has fully and unqualifiedly -condemned its predecessor for corruption. - -The charter thus obtained was accepted: and, without the change -of form or substance in any particular, the old bank moved on as -if nothing had happened--as if the Congress charter was still in -force--as if a corporate institution and all its affairs could -be shifted by statute from one foundation to another;--as if -a transmigration of corporate existence could be operated by -legislative enactment, and the debtors, creditors, depositors, and -stockholders in one bank changed, transformed, and constituted -into debtors, creditors, depositors and stockholders in another. -The illegality of the whole proceeding was as flagrant as it was -corrupt--as scandalous as it was notorious--and could only find -its motive in the consciousness of a condition in which detection -adds infamy to ruin; and in which no infamy, to be incurred, can -exceed that from which escape is sought. And yet it was this broken -and rotten institution--this criminal committing crimes to escape -from the detection of crimes--this "counterfeit presentment" of a -defunct corporation--this addendum to a Pennsylvania railroad--this -whited sepulchre filled with dead men's bones, thus bribed and -smuggled through a local legislature--that was still able to -set up for a power and a benefactor! still able to influence -federal legislation--control other banks--deceive merchants -and statesmen--excite a popular current in its favor--assume a -guardianship over the public affairs, and actually dominate for -months longer in the legislation and the business of the country. -It is for the part she acted--the dominating part--in contriving -the financial distress and the general suspension of the banks in -1837--the last one which has afflicted our country,--that renders -necessary and proper this notice of her corrupt transit through the -General Assembly of the State of Pennsylvania. - - - - -CHAPTER VII. - -EFFECTS OF THE SUSPENSION: GENERAL DERANGEMENT OF BUSINESS: -SUPPRESSION AND RIDICULE OF THE SPECIE CURRENCY: SUBMISSION OF THE -PEOPLE: CALL OF CONGRESS. - - -A great disturbance of course took place in the business of the -country, from the stoppage of the banks. Their agreement to receive -each others' notes made these notes the sole currency of the -country. It was a miserable substitute for gold and silver, falling -far below these metals when measured against them, and very unequal -to each other in different parts of the country. Those of the -interior, and of the west, being unfit for payments in the great -commercial Atlantic cities, were far below the standard of the -notes of those cities, and suffered a heavy loss from difference -of exchange, as it was called (although it was only the difference -of depreciation,) in all remittances to those cities:--to which -points the great payments tended. All this difference was considered -a loss, and charged upon the mismanagement of the public affairs -by the administration, although the clear effect of geographical -position. Specie disappeared as a currency, being systematically -suppressed. It became an article of merchandise, bought and sold -like any other marketable commodity; and especially bought in -quantities for exportation. Even metallic change disappeared, down -to the lowest subdivision of the dollar. Its place was supplied -by every conceivable variety of individual and corporation -tickets--issued by some from a feeling of necessity; by others, as a -means of small gains; by many, politically, as a means of exciting -odium against the administration for having destroyed the currency. -Fictitious and burlesque notes were issued with caricatures and -grotesque pictures and devices, and reproachful sentences, entitled -the "_better currency_:" and exhibited every where to excite -contempt. They were sent in derision to all the friends of the -specie circular, especially to him who had the credit (not untruly) -of having been its prime mover--most of them plentifully sprinkled -over with taunting expressions to give them a personal application: -such as--"This is what you have brought the country to:" "the end -of the experiment:" "the gold humbug exploded:" "is this what was -promised us?" "behold the effects of tampering with the currency." -The presidential mansion was infested, and almost polluted with -these missives, usually made the cover of some vulgar taunt. Even -gold and silver could not escape the attempted degradation--copper, -brass, tin, iron pieces being struck in imitation of gold and -silver coins--made ridiculous by figures and devices, usually the -whole hog, and inscribed with taunting and reproachful expressions. -Immense sums were expended in these derisory manufactures, -extensively carried on, and universally distributed; and reduced -to a system as a branch of party warfare, and intended to act on -the thoughtless and ignorant through appeals to their eyes and -passions. Nor were such means alone resorted to to inflame the -multitude against the administration. The opposition press teemed -with inflammatory publications. The President and his friends were -held up as great state criminals, ruthlessly destroying the property -of the people, and meriting punishment--even death. Nor did these -publications appear in thoughtless or obscure papers only, but in -some of the most weighty and influential of the bank party. Take, -for example, this paragraph from a leading paper in the city of New -York: - - "We would put it directly to each and all of our readers, - whether it becomes this great people, quietly and tamely to - submit to any and every degree of lawless oppression which their - rulers may inflict, merely because _resistance_ may involve - us in trouble and expose those who resist, to censure? We are - very certain their reply will be, '_No_, but at what point - is "resistance to commence?"--is not the evil of resistance - greater "than the evil of submission?"' We answer promptly, that - resistance on the part of a free people, if they would preserve - their freedom, should always commence whenever it is made - plain and palpable that there has been a deliberate violation - of their rights; and whatever temporary evils may result from - such resistance, it can never be so great or so dangerous to - our institutions, as a blind submission to a most manifest act - of oppression and tyranny. And now, we would ask of all--what - shadow of right, what plea of expediency, what constitutional - or legal justification can MARTIN VAN BUREN offer to the people - of the United States, for having brought upon them all their - present difficulties by a continuance of the _specie circular_, - after two-thirds of their representatives had declared their - solemn convictions that it was injurious to the country and - should be repealed? Most assuredly, none, and we unhesitatingly - say, that it is a more high-handed measure of _tyranny_ than - that which cost _Charles_ the 1st his crown and his head--more - illegal and unconstitutional than the act of the British - ministry which caused the patriots of the revolution to destroy - the tea in the harbor of Boston--and one which calls more loudly - for resistance than any act of Great Britain which led to the - Declaration of Independence." - -Taken by surprise in the deprivation of its revenues,--specie -denied it by the banks which held its gold and silver,--the federal -government could only do as others did, and pay out depreciated -paper. Had the event been foreseen by the government, it might have -been provided against, and much specie saved. It was now too late -to enter into a contest with the banks, they in possession of the -money, and the suspension organized and established. They would only -render their own notes: the government could only pay in that which -it received. Depreciated paper was their only medium of payment; -and every such payment (only received from a feeling of duresse) -brought resentment, reproach, indignation, loss of popularity to -the administration; and loud calls for the re-establishment of the -National Bank, whose notes had always been equal to specie, and -were then contrived to be kept far above the level of those of -other suspended banks. Thus the administration found itself, in the -second month of its existence, struggling with that most critical of -all government embarrassments--deranged finances, and depreciated -currency; and its funds dropping off every day. Defections were -incessant, and by masses, and sometimes by whole States: and all on -account of these vile payments in depreciated paper. Take a single -example. The State of Tennessee had sent numerous volunteers to -the Florida Indian war. There were several thousands of them, and -came from thirty different counties, requiring payments to be made -through a large part of the State, and to some member of almost -every family in it. The paymaster, Col. Adam Duncan Steuart, had -treasury drafts on the Nashville deposit banks for the money to make -the payments. They delivered their own notes, and these far below -par--even twenty per cent. below those of the so-called Bank of the -United States, which the policy of the suspension required to be -kept in strong contrast with those of the government deposit banks. -The loss on each payment was great--one dollar in every five. Even -patriotism could not stand it. The deposit banks and their notes -were execrated: the Bank of the United States and its notes were -called for. It was the children of Israel wailing for the fleshpots -of Egypt. Discontent, from individual became general, extending -from persons to masses. The State took the infection. From being -one of the firmest and foremost of the democratic States, Tennessee -fell off from her party, and went into opposition. At the next -election she showed a majority of 20,000 against her old friends; -and that in the lifetime of General Jackson; and contrary to what it -would have been if his foresight had been seconded. He foresaw the -consequences of paying out this depreciated paper. The paymaster had -foreseen them, and before drawing a dollar from the banks he went -to General Jackson for his advice. This energetic man, then aged, -and dying, and retired to his beloved hermitage,--but all head and -nerve to the last, and scorning to see the government capitulate -to insurgent banks,--acted up to his character. He advised the -paymaster to proceed to Washington and ask for solid money--for the -gold and silver which was then lying in the western land offices. He -went; but being a military subordinate, he only applied according -to the rules of subordination, through the channels of official -intercourse: and was denied the hard money, wanted for payments -on debenture bonds and officers of the government. He did not go -to Mr. Van Buren, as General Jackson intended he should do. He -did not feel himself authorized to go beyond official routine. It -was in the recess of Congress, and I was not in Washington to go -to the President in his place (as I should instantly have done); -and, returning without the desired orders, the payments were -made, through a storm of imprecations, in this loathsome trash: -and Tennessee was lost. And so it was, in more or less degree, -throughout the Union. The first object of the suspension had been -accomplished--a political revolt against the administration. - -Miserable as was the currency which the government was obliged to -use, it was yet in the still more miserable condition of not having -enough of it! The deposits with the States had absorbed two sums -of near ten millions each: two more sums of equal amount were -demandable in the course of the year. Financial embarrassment, and -general stagnation of business, diminished the current receipts from -lands and customs: an absolute deficit--that horror, and shame, and -mortal test of governments--showed itself ahead. An extraordinary -session of Congress became a necessity, inexorable to any -contrivance of the administration: and, on the 15th day of May--just -five days after the suspension in the principal cities--the -proclamation was issued for its assembling: to take place on -the first Monday of the ensuing September. It was a mortifying -concession to imperative circumstances; and the more so as it had -just been refused to the grand committee of Fifty--demanding it in -the imposing name of that great meeting in the city of New York. - - - - -CHAPTER VIII. - -EXTRA SESSION: MESSAGE, AND RECOMMENDATIONS. - - -The first session of the twenty-fifth Congress, convened upon the -proclamation of the President, to meet an extraordinary occasion, -met on the first Monday in September, and consisted of the following -members: - - -SENATE. - -NEW HAMPSHIRE--Henry Hubbard and Franklin Pierce. - -MAINE--John Ruggles and Ruel Williams. - -VERMONT--Samuel Prentiss and Benjamin Swift. - -MASSACHUSETTS--Daniel Webster and John Davis. - -RHODE ISLAND--Nehemiah R. Knight and Asher Robbins. - -_Connecticut_--John M. Niles and Perry Smith. - -_New York_--Silas Wright and Nathaniel P. Tallmadge. - -_New Jersey_--Garret D. Wall and Samuel L. Southard. - -_Delaware_--Richard H. Bayard and Thomas Clayton. - -_Pennsylvania_--James Buchanan and Samuel McKean. - -_Maryland_--Joseph Kent and John S. Spence. - -_Virginia_--William C. Rives and William H. Roane. - -NORTH CAROLINA--Bedford Brown and Robert Strange. - -SOUTH CAROLINA--John C. Calhoun and Wm. Campbell Preston. - -GEORGIA--John P. King and Alfred Cuthbert. - -ALABAMA--Wm. Rufus King and Clement C. Clay. - -MISSISSIPPI--John Black and Robert J. Walker. - -LOUISIANA--Robert C. Nicholas and Alexander Mouton. - -TENNESSEE--Hugh L. White and Felix Grundy. - -KENTUCKY--Henry Clay and John Crittenden. - -ARKANSAS--Ambrose H. Sevier and William S. Fulton. - -MISSOURI--Thomas H. Benton and Lewis F. Linn. - -ILLINOIS--Richard M. Young and John M. Robinson. - -INDIANA--Oliver H. Smith and John Tipton. - -OHIO--William Allen and Thomas Morris. - -MICHIGAN--Lucius Lyon and John Norvell. - - -HOUSE OF REPRESENTATIVES. - -MAINE--George Evans, John Fairfield, Timothy J. Carter, F. O. J. -Smith, Thomas Davee, Jonathan Cilley, Joseph C. Noyes, Hugh J. -Anderson. - -NEW HAMPSHIRE--Samuel Cushman, James Farrington, Charles G. -Atherton, Joseph Weeks, Jared W. Williams. - -MASSACHUSETTS--Richard Fletcher, Stephen C. Phillips, Caleb Cushing, -Wm. Parmenter, Levi Lincoln, George Grinnell, jr., George N. Briggs, -Wm. B. Calhoun, Nathaniel B. Borden, John Q. Adams, John Reed, -Abbott Lawrence, Wm. S. Hastings. - -RHODE ISLAND--Robert B. Cranston, Joseph L. Tillinghast. - -CONNECTICUT--Isaac Toucey, Samuel Ingham, Elisha Haley, Thomas T. -Whittlesey, Launcelot Phelps, Orrin Holt. - -VERMONT--Hiland Hall, William Slade, Heman Allen, Isaac Fletcher, -Horace Everett. - -NEW YORK--Thomas B. Jackson, Abraham Vanderveer, C. C. Cambreleng, -Ely Moore, Edward Curtis, Ogden Hoffman, Gouverneur Kemble, Obadiah -Titus, Nathaniel Jones, John C. Broadhead, Zadoc Pratt, Robert -McClelland, Henry Vail, Albert Gallup, John I. DeGraff, David -Russell, John Palmer, James B. Spencer, John Edwards, Arphaxad -Loomis, Henry A. Foster, Abraham P. Grant, Isaac H. Bronson, John H. -Prentiss, Amasa J. Parker, John C. Clark, Andrew D. W. Bruyn, Hiram -Gray, William Taylor, Bennett Bicknell, William H. Noble, Samuel -Birdsall, Mark H. Sibley, John T. Andrews, Timothy Childs, William -Patterson, Luther C. Peck, Richard P. Marvin, Millard Fillmore, -Charles F. Mitchell. - -NEW JERSEY--John B. Aycrigg, John P. B. Maxwell, William Halstead, -Jos. F. Randolph, Charles G. Stratton, Thomas Jones Yorke. - -PENNSYLVANIA--Lemuel Paynter, John Sergeant, George W. Toland, -Charles Naylor, Edward Davies, David Potts, Edward Darlington, Jacob -Fry, jr., Matthias Morris, David D. Wagener, Edward B. Hubley, Henry -A. Muhlenberg, Luther Reilly, Henry Logan, Daniel Sheffer, Chas. -McClure, Wm. W. Potter, David Petriken, Robert H. Hammond, Samuel -W. Morris, Charles Ogle, John Klingensmith, Andrew Buchanan, T. M. -T. McKennan, Richard Biddle, William Beatty, Thomas Henry, Arnold -Plumer. - -DELAWARE--John J. Milligan. - -MARYLAND--John Dennis, James A. Pearce, J. T. H. Worthington, -Benjamin C. Howard, Isaac McKim, William Cost Johnson, Francis -Thomas, Daniel Jenifer. - -VIRGINIA--Henry A. Wise, Francis Mallory, John Robertson, Charles -F. Mercer, John Taliaferro, R. T. M. Hunter, James Garland, Francis -E. Rives, Walter Coles, George C. Dromgoole, James W. Bouldin, John -M. Patton, James M. Mason, Isaac S. Pennybacker, Andrew Beirne, -Archibald Stuart, John W. Jones, Robert Craig, Geo. W. Hopkins, -Joseph Johnson, Wm. S. Morgan. - -NORTH CAROLINA--Jesse A. Bynum, Edward D. Stanley, Charles Shepard, -Micajah T. Hawkins, James McKay, Edmund Deberry, Abraham Rencher, -William Montgomery, Augustine H. Shepherd, James Graham, Henry -Connor, Lewis Williams, Samuel T. Sawyer. - -SOUTH CAROLINA--H. S. Legare, Waddy Thompson, Francis W. Pickens, -W. K. Clowney, F. H. Elmore, John K. Griffin, R. B. Smith, John -Campbell, John P. Richardson. - -GEORGIA--Thomas Glascock, S. F. Cleveland, Seaton Grantland, Charles -E. Haynes, Hopkins Holsey, Jabez Jackson, Geo. W. Owens, Geo. W. B. -Townes, W. C. Dawson. - -TENNESSEE--Wm. B. Carter, A. A. McClelland, Joseph Williams, (one -vacancy,) H. L. Turney, Wm. B. Campbell, John Bell, Abraham P. -Maury, James K. Polk, Ebenezer J. Shields, Richard Cheatham, John W. -Crockett, Christopher H. Williams. - -KENTUCKY--John L. Murray, Edward Rumsey, Sherrod Williams, Joseph -R. Underwood, James Harlan, John Calhoun, John Pope, Wm. J. Graves, -John White, Richard Hawes, Richard H. Menifee, John Chambers, Wm. W. -Southgate. - -OHIO--Alexander Duncan, Taylor Webster, Patrick G. Goode, Thomas -Corwin, Thomas L. Hamer, Calvary Morris, Wm. K. Bond, J. Ridgeway, -John Chaney, Samson Mason, J. Alexander, jr., Alexander Harper, D. -P. Leadbetter, Wm. H. Hunter, John W. Allen, Elisha Whittlesey, A. -W. Loomis, Matthias Shepler, Daniel Kilgore. - -ALABAMA--Francis S. Lyon, Dixon H. Lewis, Joab Lawler, Reuben -Chapman, J. L. Martin. - -INDIANA--Ratliff Boon, John Ewing, William Graham, George H. Dunn, -James Rariden, William Herrod, Albert S. White. - -ILLINOIS--A. W. Snyder, Zadoc Casey, Wm. L. May. - -LOUISIANA--Henry Johnson, Eleazer W. Ripley, Rice Garland. - -MISSISSIPPI--John F. H. Claiborne, S. H. Gholson. - -ARKANSAS--Archibald Yell. - -MISSOURI--Albert G. Harrison, John Miller. - -MICHIGAN--Isaac E. Crary. - -FLORIDA--Charles Downing. - -WISCONSIN--George W. Jones. - -In these ample lists, both of the Senate and of the House, will -be discovered a succession of eminent names--many which had then -achieved eminence, others to achieve it:--and, besides those which -captivate regard by splendid ability, a still larger number of those -less brilliant, equally respectable, and often more useful members, -whose business talent performs the work of the body, and who in -England are well called, the working members. Of these numerous -members, as well the brilliant as the useful, it would be invidious -to particularize part without enumerating the whole; and that would -require a reproduction of the greater part of the list of each -House. Four only can be named, and they entitled to that distinction -from the station attained, or to be attained by them:--Mr. John -Quincy Adams, who had been president; _Messrs._ James K. Polk, -Millard Fillmore and Franklin Pierce, who became presidents. In my -long service I have not seen a more able Congress; and it is only -necessary to read over the names, and to possess some knowledge of -our public men, to be struck with the number of names which would -come under the description of useful or brilliant members. - -The election of speaker was the first business of the House; and Mr. -James K. Polk and Mr. John Bell, both of Tennessee, being put in -nomination, Mr. Polk received 116 votes; and was elected--Mr. Bell -receiving 103. Mr. Walter S. Franklin was elected clerk. - -The message was delivered upon receiving notice of the organization -of the two Houses; and, with temperance and firmness, it met all -the exigencies of the occasion. That specie order which had been -the subject of so much denunciation,--the imputed cause of the -suspension, and the revocation of which was demanded with so much -pertinacity and such imposing demonstration,--far from being given -up was commended for the good effects it had produced; and the -determination expressed not to interfere with its operation. In -relation to that decried measure the message said: - - "Of my own duties under the existing laws, when the banks - suspended specie payments, I could not doubt. Directions were - immediately given to prevent the reception into the Treasury - of any thing but gold and silver, or its equivalent; and every - practicable arrangement was made to preserve the public faith, - by similar or equivalent payments to the public creditors. - The revenue from lands had been for some time substantially - so collected, under the order issued by the directions of my - predecessor. The effects of that order had been so salutary, - and its forecast in regard to the increasing insecurity of bank - paper had become so apparent, that, even before the catastrophe, - I had resolved not to interfere with its operation. Congress - is now to decide whether the revenue shall continue to be so - collected, or not." - -This was explicit, and showed that all attempts to operate upon the -President at that point, and to coerce the revocation of a measure -which he deemed salutary, had totally failed. The next great object -of the party which had contrived the suspension and organized the -distress, was to extort the re-establishment of the Bank of the -United States; and here again was an equal failure to operate upon -the firmness of the President. He reiterated his former objections -to such an institution--not merely to the particular one which had -been tried--but to any one in any form, and declared his former -convictions to be strengthened by recent events. Thus: - - "We have seen for nearly half a century, that those who advocate - a national bank, by whatever motive they may be influenced, - constitute a portion of our community too numerous to allow us - to hope for an early abandonment of their favorite plan. On the - other hand, they must indeed form an erroneous estimate of the - intelligence and temper of the American people, who suppose that - they have continued, on slight or insufficient grounds, their - persevering opposition to such an institution; or that they can - be induced by pecuniary pressure, or by any other combination - of circumstances, to surrender principles they have so long - and so inflexibly maintained. My own views of the subject are - unchanged. They have been repeatedly and unreservedly announced - to my fellow-citizens, who, with full knowledge of them, - conferred upon me the two highest offices of the government. - On the last of these occasions, I felt it due to the people - to apprise them distinctly, that, in the event of my election, - I would not be able to co-operate in the re-establishment of a - national bank. To these sentiments, I have now only to add the - expression of an increased conviction, that the re-establishment - of such a bank, in any form, whilst it would not accomplish the - beneficial purpose promised by its advocates, would impair the - rightful supremacy of the popular will; injure the character and - diminish the influence of our political system; and bring once - more into existence a concentrated moneyed power, hostile to - the spirit, and threatening the permanency, of our republican - institutions." - -Having noticed these two great points of pressure upon him, and -thrown them off with equal strength and decorum, he went forward -to a new point--the connection of the federal government with any -bank of issue in any form, either as a depository of its moneys, -or in the use of its notes;--and recommended a total and perpetual -dissolution of the connection. This was a new point of policy, long -meditated by some, but now first brought forward for legislative -action, and cogently recommended to Congress for its adoption. -The message, referring to the recent failure of the banks, took -advantage of it to say: - - "Unforeseen in the organization of the government, and forced - on the Treasury by early necessities, the practice of employing - banks, was, in truth, from the beginning, more a measure of - emergency than of sound policy. When we started into existence - as a nation, in addition to the burdens of the new government, - we assumed all the large, but honorable load, of debt which was - the price of our liberty; but we hesitated to weigh down the - infant industry of the country by resorting to adequate taxation - for the necessary revenue. The facilities of banks, in return - for the privileges they acquired, were promptly offered, and - perhaps too readily received, by an embarrassed treasury. During - the long continuance of a national debt, and the intervening - difficulties of a foreign war, the connection was continued - from motives of convenience; but these causes have long since - passed away. We have no emergencies that make banks necessary - to aid the wants of the Treasury; we have no load of national - debt to provide for, and we have on actual deposit a large - surplus. No public interest, therefore, now requires the renewal - of a connection that circumstances have dissolved. The complete - organization of our government, the abundance of our resources, - the general harmony which prevails between the different States, - and with foreign powers, all enable us now to select the system - most consistent with the constitution, and most conducive to - the public welfare." - -This wise recommendation laid the foundation for the Independent -Treasury--a measure opposed with unwonted violence at the time, -but vindicated as well by experience as recommended by wisdom; and -now universally concurred in--constituting an era in our financial -history, and reflecting distinctive credit on Mr. Van Buren's -administration. But he did not stop at proposing a dissolution of -governmental connection with these institutions; he went further, -and proposed to make them safer for the community, and more amenable -to the laws of the land. These institutions exercised the privilege -of stopping payment, qualified by the gentle name of suspension, -when they judged a condition of the country existed making it -expedient to do so. Three of these general suspensions had taken -place in the last quarter of a century, presenting an evil entirely -too large for the remedy of individual suits against the delinquent -banks; and requiring the strong arm of a general and authoritative -proceeding. This could only be found in subjecting them to the -process of bankruptcy; and this the message boldly recommended. -It was the first recommendation of the kind, and deserves to be -commemorated for its novelty and boldness, and its undoubted -efficiency, if adopted. This is the recommendation: - - "In the mean time, it is our duty to provide all the remedies - against a depreciated paper currency which the constitution - enables us to afford. The Treasury Department, on several former - occasions, has suggested the propriety and importance of a - uniform law concerning bankruptcies of corporations, and other - bankers. Through the instrumentality of such a law, a salutary - check may doubtless be imposed on the issues of paper money, - and an effectual remedy given to the citizen, in a way at once - equal in all parts of the Union, and fully authorized by the - constitution." - -A bankrupt law for banks! That was the remedy. Besides its efficacy -in preventing future suspensions, it would be a remedy for the -actual one. The day fixed for the act to take effect would be the -day for resuming payments, or going into liquidation. It would be -the day of honesty or death to these corporations; and between these -two alternatives even the most refractory bank would choose the -former, if able to do so. - -The banks of the District of Columbia, and their currency, being -under the jurisdiction of Congress, admitted a direct remedy in -its own legislation, both for the fact of their suspension and the -evil of the small notes which they issued. The forfeiture of the -charter, where the resumption did not take place in a limited time, -and penalties on the issue of the small notes, were the appropriate -remedies;--and, as such were recommended to Congress. - -There the President not only met and confronted the evils of the -actual suspension as they stood, but went further, and provided -against the recurrence of such evils thereafter, in four cardinal -recommendations: 1, never to have another national bank; 2, never -to receive bank notes again in payment of federal dues; 3, never -to use the banks again for depositories of the public moneys; 4, -to apply the process of bankruptcy to all future defaulting banks. -These were strong recommendations, all founded in a sense of justice -to the public, and called for by the supremacy of the government, -if it meant to maintain its supremacy; but recommendations running -deep into the pride and interests of a powerful class, and well -calculated to inflame still higher the formidable combination -already arrayed against the President, and to extend it to all that -should support him. - -The immediate cause for convoking the extraordinary session--the -approaching deficit in the revenue--was frankly stated, and the -remedy as frankly proposed. Six millions of dollars was the -estimated amount; and to provide it neither loans nor taxes were -proposed, but the retention of the fourth instalment of the deposit -to be made with the States, and a temporary issue of treasury notes -to supply the deficiency until the incoming revenue should replenish -the treasury. The following was that recommendation: - - "It is not proposed to procure the required amount by loans or - increased taxation. There are now in the treasury nine millions - three hundred and sixty-seven thousand two hundred and fourteen - dollars, directed by the Act of the 23d of June, 1836, to be - deposited with the States in October next. This sum, if so - deposited, will be subject, under the law, to be recalled, if - needed, to defray existing appropriations; and, as it is now - evident that the whole, or the principal part of it, will - be wanted for that purpose, it appears most proper that the - deposits should be withheld. Until the amount can be collected - from the banks, treasury notes may be temporarily issued, to be - gradually redeemed as it is received." - -Six millions of treasury notes only were required, and from this -small amount required, it is easy to see how readily an adequate -amount could have been secured from the deposit banks, if the -administration had foreseen a month or two beforehand that the -suspension was to take place. An issue of treasury notes, being an -imitation of the exchequer bill issues of the British government, -which had been the facile and noiseless way of swamping that -government in bottomless debt, was repugnant to the policy of -this writer, and opposed by him: but of this hereafter. The third -instalment of the deposit, as it was called, had been received by -the States--received in depreciated paper, and the fourth demanded -in the same. A deposit demanded! and claimed as a debt!--that is -to say: the word "_deposit_" used in the act admitted to be both -by Congress and the States a fraud and a trick, and distribution -the thing intended and done. Seldom has it happened that so gross a -fraud, and one, too, intended to cheat the constitution, has been so -promptly acknowledged by the high parties perpetrating it. But of -this also hereafter. - -The decorum and reserve of a State paper would not allow the -President to expatiate upon the enormity of the suspension which -had been contrived, nor to discriminate between the honest and -solvent banks which had been taken by surprise and swept off in a -current which they could not resist, and the insolvent or criminal -class, which contrived the catastrophe and exulted in its success. -He could only hint at the discrimination, and, while recommending -the bankrupt process for one class, to express his belief that with -all the honest and solvent institutions the suspension would be -temporary, and that they would seize the earliest moment which the -conduct of others would permit, to vindicate their integrity and -ability by returning to specie payments. - - - - -CHAPTER IX. - -ATTACKS ON THE MESSAGE: TREASURY NOTES. - - -Under the first two of our Presidents, Washington, and the first -Mr. Adams, the course of the British Parliament was followed in -answering the address of the President, as the course of the -sovereign was followed in delivering it. The Sovereign delivered his -address in person to the two assembled Houses, and each answered -it: our two first Presidents did the same, and the Houses answered. -The purport of the answer was always to express a concurrence, or -non-concurrence with the general policy of the government as thus -authentically exposed; and the privilege of answering the address -laid open the policy of the government to the fullest discussion. -The effect of the practice was to lay open the state of the -country, and the public policy, to the fullest discussion; and, in -the character of the answer, to decide the question of accord or -disaccord--of support or opposition--between the representative -and the executive branches of the government. The change from the -address delivered in person, with its answer, to the message sent -by the private secretary, and no answer, was introduced by Mr. -Jefferson, and considered a reform; but it was questioned at the -time, whether any good would come of it, and whether that would not -be done irregularly, in the course of the debates, which otherwise -would have been done regularly in the discussion of the address. The -administration policy would be sure to be attacked, and irregularly, -in the course of business, if the spirit of opposition should not -be allowed full indulgence in a general and regular discussion. The -attacks would come, and many of Mr. Jefferson's friends thought -it better they should come at once, and occupy the first week or -two of the session, than to be scattered through the whole session -and mixed up with all its business. But the change was made, and -has stood, and now any bill or motion is laid hold of, to hang a -speech upon, against the measures or policy of an administration. -This was signally the case at this extra session, in relation to -Mr. Van Buren's policy. He had staked himself too decisively -against too large a combination of interests to expect moderation -or justice from his opponents; and he received none. Seldom has any -President been visited with more violent and general assaults than -he received, almost every opposition speaker assailing some part of -the message. One of the number, Mr. Caleb Cushing, of Massachusetts, -made it a business to reply to the whole document, formally and -elaborately, under two and thirty distinct heads--the number of -points in the mariner's compass: each head bearing a caption to -indicate its point: and in that speech any one that chooses, can -find in a condensed form, and convenient for reading, all the points -of accusation against the democratic policy from the beginning of -the government down to that day. - -Mr. Clay and Mr. Webster assailed it for what it contained, and -for what it did not--for its specific recommendations, and for its -omission to recommend measures which they deemed necessary. The -specie payments--the disconnection with banks--the retention of -the fourth instalment--the bankrupt act against banks--the brief -issue of treasury notes; all were condemned as measures improper -in themselves and inadequate to the relief of the country: while, -on the other hand, a national bank appeared to them to be the -proper and adequate remedy for the public evils. With them acted -many able men:--in the Senate, Bayard, of Delaware, Crittenden, of -Kentucky, John Davis, of Massachusetts, Preston, of South Carolina, -Southard, of New Jersey, Rives, of Virginia:--in the House of -Representatives, Mr. John Quincy Adams, Bell, of Tennessee, Richard -Biddle, of Pennsylvania, Cushing, of Massachusetts, Fillmore, of New -York, Henry Johnson, of Louisiana, Hunter and Mercer, of Virginia, -John Pope, of Kentucky, John Sargeant, Underwood of Kentucky, -Lewis Williams, Wise. All these were speaking members, and in -their diversity of talent displayed all the varieties of effective -speaking--close reasoning, sharp invective, impassioned declamation, -rhetoric, logic. - -On the other hand was an equal array, both in number and -speaking talent, on the other side, defending and supporting the -recommendations of the President:--in the Senate, Silas Wright, -Grundy, John M. Niles, King, of Alabama, Strange, of North -Carolina, Buchanan, Calhoun, Linn, of Missouri, Benton, Bedford -Brown, of North Carolina, William Allen, of Ohio, John P. King, of -Georgia, Walker, of Mississippi:--in the House of Representatives, -Cambreleng, of New York, Hamer, of Ohio, Howard and Francis Thomas, -of Maryland, McKay, of North Carolina, John M. Patton, Francis -Pickens. - -The treasury note bill was one of the first measures on which the -struggle took place. It was not a favorite with the whole body of -the democracy, but the majority preferred a small issue of that -paper, intended to operate, not as a currency, but as a ready means -of borrowing money, and especially from small capitalists; and, -therefore, preferable to a direct loan. It was opposed as a paper -money bill in disguise, as germinating a new national debt, and as -the easy mode of raising money, so ready to run into abuse from -its very facility of use. The President had recommended the issue -in general terms: the Secretary of the Treasury had descended into -detail, and proposed notes as low as twenty dollars, and without -interest. The Senate's committee rejected that proposition, and -reported a bill only for large notes--none less than 100 dollars, -and bearing interest; so as to be used for investment, not -circulation. Mr. Webster assailed the Secretary's plan, saying-- - - "He proposes, sir, to issue treasury notes of small - denominations, down even as low as twenty dollars, not bearing - interest, and redeemable at no fixed period; they are to be - received in debts due to government, but are not otherwise to - be paid until at some indefinite time there shall be a certain - surplus in the treasury beyond what the Secretary may think its - wants require. Now, sir, this is plain, authentic, statutable - paper money; it is exactly a new emission of old continental. - If the genius of the old confederation were now to rise up in - the midst of us, he could not furnish us, from the abundant - stores of his recollection, with a more perfect model of paper - money. It carries no interest; it has no fixed time of payment; - it is to circulate as currency, and it is to circulate on the - credit of government alone, with no fixed period of redemption! - If this be not paper money, pray, sir, what is it? And, sir, - who expected this? Who expected that in the fifth year of the - _experiment for reforming the currency_, and bringing it to an - absolute gold and silver circulation, the Treasury Department - would be found recommending to us a regular emission of - paper money? This, sir, is quite new in the history of this - government; it belongs to that of the confederation which has - passed away. Since 1789, although we have issued treasury notes - on sundry occasions, we have issued none like these; that is - to say, we have issued none not bearing interest, intended for - circulation, and with no fixed mode of redemption. I am glad, - however, Mr. President, that the committee have not adopted the - Secretary's recommendation, and that they have recommended the - issue of treasury notes of a description more conformable to the - practice of the government." - -Mr. Benton, though opposed to the policy of issuing these notes, -and preferring himself a direct loan in this case, yet defended the -particular bill which had been brought in from the character and -effects ascribed to it, and said: - - "He should not have risen in this debate, had it not been for - the misapprehensions which seemed to pervade the minds of some - senators as to the character of the bill. It is called by some - a paper-money bill, and by others a bill to germinate a new - national debt. These are serious imputations, and require to be - answered, not by declamation and recrimination, but by facts and - reasons, addressed to the candor and to the intelligence of an - enlightened and patriotic community. - - "I dissent from the imputations on the character of the bill. I - maintain that it is neither a paper-money bill, nor a bill to - lay the foundation for a new national debt; and will briefly - give my reasons for believing as I do on both points. - - "There are certainly two classes of treasury notes--one for - investment, and one for circulation; and both classes are - known to our laws, and possess distinctive features, which - define their respective characters, and confine them to their - respective uses. - - "The notes for investment bear an interest sufficient to induce - capitalists to exchange gold and silver for them, and to lay - them by as a productive fund. This is their distinctive feature, - but not the only one; they possess other subsidiary qualities, - such as transferability only by indorsement--payable at a - fixed time--not re-issuable--nor of small denomination--and - to be cancelled when paid. Notes of this class are, in fact, - loan notes--notes to raise loans on, by selling them for hard - money--either immediately by the Secretary of the Treasury, or, - secondarily, by the creditor of the government to whom they - have been paid. In a word, they possess all the qualities which - invite investment, and forbid and impede circulation. - - "The treasury notes for currency are distinguished by - features and qualities the reverse of those which have been - mentioned. They bear little or no interest. They are payable - to bearer--transferable by delivery--re-issuable--of low - denominations--and frequently reimbursable at the pleasure of - the government. They are, in fact, paper money, and possess - all the qualities which forbid investment, and invite to - circulation. The treasury notes of 1815 were of that character, - except for the optional clause to enable the holder to fund them - at the interest which commanded loans--at seven per cent. - - "These are the distinctive features of the two classes of notes. - Now try the committee's bill by the test of these qualities. - It will be found that the notes which it authorizes belong - to the first-named class; that they are to bear an interest, - which may be six per cent.; that they are transferable only by - indorsement; that they are not re-issuable; that they are to be - paid at a day certain--to wit, within one year; that they are - not to be issued of less denomination than one hundred dollars; - are to be cancelled when taken up; and that the Secretary of the - Treasury is expressly authorized to raise money upon them by - loaning them. - - "These are the features and qualities of the notes to be issued, - and they define and fix their character as notes to raise loans, - and to be laid by as investments, and not as notes for currency, - to be pushed into circulation by the power of the government; - and to add to the curse of the day by increasing the quantity of - unconvertible paper money." - -Though yielding to an issue of these notes in this particular form, -limited in size of the notes to one hundred dollars, yet Mr. Benton -deemed it due to himself and the subject to enter a protest against -the policy of such issues, and to expose their dangerous tendency, -both to slide into a paper currency, and to steal by a noiseless -march into the creation of public debt, and thus expressed himself: - - "I trust I have vindicated the bill from the stigma of being a - paper currency bill, and from the imputation of being the first - step towards the creation of a new national debt. I hope it is - fully cleared from the odium of both these imputations. I will - now say a few words on the policy of issuing treasury notes - in time of peace, or even in time of war, until the ordinary - resources of loans and taxes had been tried and exhausted. I am - no friend to the issue of treasury notes of any kind. As loans, - they are a disguised mode of borrowing, and easy to slide into - a currency: as a currency, it is the most seductive, the most - dangerous, and the most liable to abuse of all the descriptions - of paper money. 'The stamping of paper (by government) is - an operation so much easier than the laying of taxes, or of - borrowing money, that a government in the habit of paper - emissions would rarely fail, in any emergency, to indulge itself - too far in the employment of that resource, to avoid as much as - possible one less auspicious to present popularity.' So said - General Hamilton; and Jefferson, Madison Macon, Randolph, and - all the fathers of the republican church, concurred with him. - These sagacious statesmen were shy of this facile and seductive - resource, 'so liable to abuse, and so certain of being abused.' - They held it inadmissible to recur to it in time of peace, - and that it could only be thought of amidst the exigencies - and perils of war, and that after exhausting the direct and - responsible alternative of loans and taxes. Bred in the school - of these great men, I came here at this session to oppose, at - all risks, an issue of treasury notes. I preferred a direct - loan, and that for many and cogent reasons. There is clear - authority to borrow in the constitution; but, to find authority - to issue these notes, we must enter the field of constructive - powers. To borrow, is to do a responsible act; it is to incur - certain accountability to the constituent, and heavy censure - if it cannot be justified; to issue these notes, is to do an - act which few consider of, which takes but little hold of the - public mind, which few condemn and some encourage, because it - increases the quantum of what is vainly called money. Loans - are limited by the capacity, at least, of one side to borrow, - and of the other to lend: the issue of these notes has no - limit but the will of the makers, and the supply of lamp-black - and rags. The continental bills of the Revolution, and the - assignats of France, should furnish some instructive lessons - on this head. Direct loans are always voluntary on the part of - the lender; treasury note loans may be a forced borrowing from - the government creditor--as much so as if the bayonet were put - to his breast; for necessity has no law, and the necessitous - claimant must take what is tendered, whether with or without - interest--whether ten or fifty per cent. below par. I distrust, - dislike, and would fain eschew, this treasury note resource. I - prefer the direct loans of 1820-'21. I could only bring myself - to acquiesce in this measure when it was urged that there was - not time to carry a loan through its forms; nor even then could - I consent to it, until every feature of a currency character had - been eradicated from the face of the bill." - -The bill passed the Senate by a general vote, only Messrs. Clay, -Crittenden, Preston, Southard, and Spence of Maryland, voting -against it. In the House of Representatives it encountered a more -strenuous resistance, and was subjected to some trials which showed -the dangerous proclivity of these notes to slide from the foundation -of investment into the slippery path of currency. Several motions -were made to reduce their size--to make them as low as $25; and that -failing, to reduce them to $50; which succeeded. The interest was -struck at in a motion to reduce it to a nominal amount; and this -motion, like that for reducing the minimum size to $25, received a -large support--some ninety votes. The motion to reduce to $50 was -carried by a majority of forty. Returning to the Senate with this -amendment, Mr. Benton moved to restore the $100 limit, and intimated -his intention, if it was not done, of withholding his support from -the bill--declaring that nothing but the immediate wants of the -Treasury, and the lack of time to raise the money by a direct loan -as declared by the Secretary of the Treasury, could have brought him -to vote for treasury notes in any shape. Mr. Clay opposed the whole -scheme as a government bank in disguise, but supported Mr. Benton's -motion as being adverse to that design. He said: - - "He had been all along opposed to this measure, and he saw - nothing now to change that opinion. Mr. C. would have been glad - to aid the wants of the Treasury, but thought it might have been - done better by suspending the action of many appropriations not - so indispensably necessary, rather than by resorting to a loan. - Reduction, economy, retrenchment, had been recommended by the - President, and why not then pursued? Mr. C.'s chief objection, - however, was, that these notes were mere post notes, only - differing from bank notes of that kind in giving the Secretary a - power of fixing the interest as he pleases. - - "It is, said Mr. C., a government bank, issuing government - bank notes; an experiment to set up a government bank. It - is, in point of fact, an incipient bank. Now, if government - has the power to issue bank notes, and so to form indirectly - and covertly a bank, how is it that it has not the power to - establish a national bank? What difference is there between a - great government bank, with Mr. Woodbury as the great cashier, - and a bank composed of a corporation of private citizens? What - difference is there, except that the latter is better and safer, - and more stable, and more free from political influences, - and more rational and more republican? An attack is made at - Washington upon all the banks of the country, when we have at - least one hundred millions of bank paper in circulation. At - such a time, a time too of peace, instead of aid, we denounce - them, decry them, seek to ruin them, and begin to issue paper in - opposition to them! You resort to paper, which you profess to - put down; you resort to a bank, which you pretend to decry and - to denounce; you resort to a government paper currency, after - having exclaimed against every currency except that of gold and - silver! Mr. C. said he should vote for Mr. Benton's amendment, - as far as it went to prevent the creation of a government bank - and a government currency." - -Mr. Webster also supported the motion of Mr. Benton, saying: - - "He would not be unwilling to give his support to the bill, as a - loan, and that only a temporary loan. He was, however, utterly - opposed to every modification of the measure which went to - stamp upon it the character of a government currency. All past - experience showed that such a currency would depreciate; that - it will and must depreciate. He should vote for the amendment, - inasmuch as $100 bills were less likely to get into common - circulation than $50 bills. His objection was against the old - continental money in any shape or in any disguise, and he would - therefore vote for the amendment." - -The motion was lost by a vote of 16 to 25, the yeas and nays being: - - YEAS--Messrs. Allen, Benton, Clay, of Kentucky, Clayton, Kent, - King, of Georgia, McKean, Pierce, Rives, Robbins, Smith, of - Connecticut, Southard, Spence, Tipton, Webster, White--16. - - NAYS--Messrs. Buchanan, Clay, of Alabama, Crittenden, Fulton, - Grundy, Hubbard, King, of Alabama, Knight, Linn, Lyon, Morris, - Nicholas, Niles, Norvell, Roane, Robinson, Smith, of Indiana, - Strange, Swift, Talmadge, Walker, Williams, Wall, Wright, - Young--25. - - - - -CHAPTER X. - -RETENTION OF THE FOURTH DEPOSIT INSTALMENT. - - -The deposit with the States had only reached its second instalment -when the deposit banks, unable to stand a continued quarterly drain -of near ten millions to the quarter, gave up the effort and closed -their doors. The first instalment had been delivered the first of -January, in specie, or its equivalent; the second in April, also -in valid money; the third one demandable on the first of June, was -accepted by the States in depreciated paper: and they were very -willing to receive the fourth instalment in the same way. It had -cost the States nothing,--was not likely to be called back by the -federal government, and was all clear gains to those who took it -as a deposit and held it as a donation. But the Federal Treasury -needed it also; and likewise needed ten millions more of that amount -which had already been "_deposited_" with the States; and which -"_deposit_" was made and accepted under a statute which required -it to be paid back whenever the wants of the Treasury required it. -That want had now come, and the event showed the delusion and -the cheat of the bill under which a distribution had been made in -the name of a deposit. The idea of restitution entered no one's -head! neither of the government to demand it, nor of the States to -render back. What had been delivered, was gone! that was a clear -case; and reclamation, or rendition, even of the smallest part, -or at the most remote period, was not dreamed of. But there was a -portion behind--another instalment of ten millions--deliverable -out of the "_surplus_" on the first day of October: but there was -no surplus: on the contrary a deficit: and the retention of this -sum would seem to be a matter of course with the government, only -requiring the form of an act to release the obligation for the -delivery. It was recommended by the President, counted upon in the -treasury estimates, and its retention the condition on which the -amount of treasury notes was limited to ten millions of dollars. -A bill was reported for the purpose, in the mildest form, not to -repeal but to postpone the clause; and the reception which it met, -though finally successful, should be an eternal admonition to the -federal government never to have any money transaction with its -members--a transaction in which the members become the masters, -and the devourers of the head. The finance committee of the Senate -had brought in a bill to repeal the obligation to deposit this -fourth instalment; and from the beginning it encountered a serious -resistance. Mr. Webster led the way, saying: - - "We are to consider that this money, according to the provisions - of the existing law, is to go equally among all the States, and - among all the people; and the wants of the Treasury must be - supplied, if supplies be necessary, equally by all the people. - It is not a question, therefore, whether some shall have money, - and others shall make good the deficiency. All partake in the - distribution, and all will contribute to the supply. So that it - is a mere question of convenience, and, in my opinion, it is - decidedly most convenient, on all accounts, that this instalment - should follow its present destination, and the necessities of - the Treasury be provided for by other means." - -Mr. Preston opposed the repealing bill, principally on the ground -that many of the States had already appropriated this money; that is -to say, had undertaken public works on the strength of it; and would -suffer more injury from not receiving it than the Federal Treasury -would suffer from otherwise supplying its place. Mr. Crittenden -opposed the bill on the same ground. Kentucky, he said, had made -provision for the expenditure of the money, and relied upon it, and -could not expect the law to be lightly rescinded, or broken, on the -faith of which she had anticipated its use. Other senators treated -the deposit act as a contract, which the United States was bound to -comply with by delivering all the instalments. - -In the progress of the bill Mr. Buchanan proposed an amendment, the -effect of which would be to change the essential character of the -so called, deposit act, and convert it into a real distribution -measure. By the terms of the act, it was the duty of the Secretary -of the Treasury to call upon the States for a return of the deposit -when needed by the Federal Treasury: Mr. Buchanan proposed to -release the Secretary from this duty, and devolve it upon Congress, -by enacting that the three instalments already delivered, should -remain on deposit with the States until called for by Congress. Mr. -Niles saw the evil of the proposition, and thus opposed it: - - "He must ask for the yeas and nays on the amendment, and was - sorry it had been offered. If it was to be fully considered, it - would renew the debate on the deposit act, as it went to change - the essential principles and terms of that act. A majority of - those who voted for that act, about which there had been so much - said, and so much misrepresentation, had professed to regard - it--and he could not doubt that at the time they did so regard - it--as simply a deposit law; as merely changing the place of - deposit from the banks to the States, so far as related to the - surplus. The money was still to be in the Treasury, and liable - to be drawn out, with certain limitations and restrictions, by - the ordinary appropriation laws, without the direct action of - Congress. The amendment, if adopted, will change the principles - of the deposit act, and the condition of the money deposited - with the States under it. It will no longer be a deposit; it - will not be in the Treasury, even in point of legal effect or - form: the deposit will be changed to a loan, or, perhaps more - properly, a grant to the States. The rights of the United States - will be changed to a mere claim, like that against the late Bank - of the United States; and a claim without any means to enforce - it. We were charged, at the time, of making a distribution of - the public revenue to the States, in the disguise and form of a - deposit; and this amendment, it appeared to him, would be a very - bold step towards confirming the truth of that charge. He deemed - the amendment an important one, and highly objectionable; but - he saw that the Senate were prepared to adopt it, and he would - not pursue the discussion, but content himself with repeating - his request for the ayes and noes on the question." - -Mr. Buchanan expressed his belief that the substitution of Congress -for the Secretary of the Treasury, would make no difference in -the nature of the fund: and that remark of his, if understood as -sarcasm, was undoubtedly true; for the deposit was intended as a -distribution by its authors from the beginning, and this proposed -substitution was only taking a step, and an effectual one, to make -it so: for it was not to be expected that a Congress would ever -be found to call for this money from the States, which they were -so eager to give to the States. The proposition of Mr. Buchanan -was carried by a large majority--33 to 12--all the opponents of -the administration, and a division of its friends, voting for it. -Thus, the whole principle, and the whole argument on which the -deposit act had been passed, was reversed. It was passed to make the -State treasuries the Treasury _pro tanto_ of the United States--to -substitute the States for the banks, for the keeping of this surplus -until it was wanted--and it was placed within the call of a federal -executive officer that it might be had for the public service when -needed. All this was reversed. The recall of the money was taken -from the federal executive, and referred to the federal legislative -department--to the Congress, composed of members representing the -States--that is to say, from the payee to the payor, and was a -virtual relinquishment of the payment. And thus the deposit was made -a mockery and a cheat; and that by those who passed it. - -In the House of Representatives the disposition to treat the deposit -as a contract, and to compel the government to deliver the money -(although it would be compelled to raise by extraordinary means what -was denominated a surplus), was still stronger than in the Senate, -and gave rise to a protracted struggle, long and doubtful in its -issue. Mr. Cushing laid down the doctrine of contract, and thus -argued it: - - "The clauses of the deposit act, which appertain to the present - question, seem to me to possess all the features of a contract. - It provides that the whole surplus revenue of the United - States, beyond a certain sum, which may be in the Treasury on - a certain day, shall be deposited with the several States; - which deposit the States are to keep safely, and to pay back - to the United States, whenever the same shall be called for by - the Secretary of the Treasury in a prescribed time and mode, - and on the happening of a given contingency. Here, it seems - to me, is a contract in honor; and, so far as there can be a - contract between the United States and the several States, a - contract in law; there being reciprocal engagements, for a - valuable consideration, on both sides. It is, at any rate, a - quasi-contract. They who impugn this view of the question argue - on the supposition that the act, performed or to be performed - by the United States, is an inchoate gift of money to the - States. Not so. It is a contract of deposit; and that contract - is consummated, and made perfect, on the formal reception of - any instalment of the deposit by the States. Now, entertaining - this view of the transaction, I am asked by the administration - to come forward and break this contract. True, a contract made - by the government of the United States cannot be enforced in - law. Does that make it either honest or honorable for the United - States to take advantage of its power and violate its pledged - faith? I refuse to participate in any such breach of faith. But - further. The administration solicits Congress to step in between - the United States and the States as a volunteer, and to violate - a contract, as the means of helping the administration out of - difficulties, into which its own madness and folly have wilfully - sunk it, and which press equally upon the government and the - people. The object of the measure is to relieve the Secretary of - the Treasury from the responsibility of acting in this matter - as he has the power to do. Let him act. I will not go out of my - way to interpose in this between the Executive and the several - States, until the administration appeals to me in the right - spirit. This it has not done. The Executive comes to us with - a new doctrine, which is echoed by his friends in this House, - namely, that the American government is not to exert itself for - the relief of the American people. Very well. If this be your - policy, I, as representing the people, will not exert myself for - the relief of your administration." - -Such was the chicanery, unworthy of a _pie-poudre_ court--with -which a statute of the federal Congress, stamped with every word, -invested with every form, hung with every attribute, to define it -a deposit--not even a loan--was to be pettifogged into a gift! and -a contract for a gift! and the federal Treasury required to stand -and deliver! and all that, not in a low law court, where attorneys -congregate, but in the high national legislature, where candor and -firmness alone should appear. History would be faithless to her -mission if she did not mark such conduct for reprobation, and -invoke a public judgment upon it. - -After a prolonged contest the vote was taken, and the bill carried, -but by the smallest majority--119 to 117;--a difference of two -votes, which was only a difference of one member. But even that -was a delusive victory. It was immediately seen that more than one -had voted with the majority, not for the purpose of passing the -bill, but to gain the privilege of a majority member to move for a -reconsideration. Mr. Pickens, of South Carolina, immediately made -that motion, and it was carried by a majority of 70! Mr. Pickens -then proposed an amendment, which was to substitute definite for -indefinite postponement--to postpone to a day certain instead of the -pleasure of Congress: and the first day of January, 1839, was the -day proposed; and that without reference to the condition of the -Treasury (which might not then have any surplus), for the transfer -of this fourth instalment of a deposit to the States. The vote being -taken on this proposed amendment, it was carried by a majority -of 40: and that amendment being concurred in by the Senate, the -bill in that form became a law, and a virtual legalization of the -deposit into a donation of forty millions to the States. And this -was done by the votes of members who had voted for a deposit with -the States; because a donation to the States was unconstitutional. -The three instalments already delivered were not to be recalled -until Congress should so order; and it was quite certain that it -never would so order. At the same time the nominal discretion of -Congress over the deposit of the remainder was denied, and the duty -of the Secretary made peremptory to deliver it in the brief space -of one year and a quarter from that time. But events frustrated -that order. The Treasury was in no condition on the first day of -January, 1839, to deliver that amount of money. It was penniless -itself. The compromise act of 1833, making periodical reductions in -the tariff, until the whole duty was reduced to an _ad valorem_ of -twenty per cent., had nearly run its course, and left the Treasury -in the condition of a borrower, instead of that of a donor or lender -of money. This fourth instalment could not be delivered at the time -appointed, nor subsequently;--and was finally relinquished, the -States retaining the amount they had received: which was so much -clear gain through the legislative fraud of making a distribution -under the name of a deposit. - -This was the end of one of the distribution schemes which had so -long afflicted and disturbed Congress and the country. Those schemes -began now to be known by their consequences--evil to those they were -intended to benefit, and of no service to those whose popularity -they were to augment. To the States the deposit proved to be an -evil, in the contentions and combinations to which their disposition -gave rise in the general assemblies--in the objects to which they -were applied--and the futility of the help which they afforded. -Popularity hunting, on a national scale, gave birth to the schemes -in Congress: the same spirit, on a smaller and local scale, took -them up in the States. All sorts of plans were proposed for the -employment of the money, and combinations more or less interested, -or designing, generally carried the point in the universal scramble. -In some States a pro rata division of the money, per capite, was -made; and the distributive share of each individual being but a few -shillings, was received with contempt by some, and rejected with -scorn by others. In other States it was divided among the counties, -and gave rise to disjointed undertakings of no general benefit. -Others, again, were stimulated by the unexpected acquisition of -a large sum, to engage in large and premature works of internal -improvement, embarrassing the State with debt, and commencing works -which could not be finished. Other States again, looking upon the -deposit act as a legislative fraud to cover an unconstitutional and -demoralizing distribution of public money to the people, refused -for a long time to receive their proffered dividend, and passed -resolutions of censure upon the authors of the act. And thus the -whole policy worked out differently from what had been expected. The -States and the people were not grateful for the favor: the authors -of the act gained no presidential election by it: and the gratifying -fact became evident that the American people were not the degenerate -Romans, or the volatile Greeks, to be seduced with their own -money--to give their votes to men who lavished the public moneys on -their wants or their pleasures--in grain to feed them, or in shows -and games to delight and amuse them. - - - - -CHAPTER XI. - -INDEPENDENT TREASURY AND HARD MONEY PAYMENTS. - - -These were the crowning measures of the session, and of Mr. Van -Buren's administration,--not entirely consummated at that time, -but partly, and the rest assured;--and constitute in fact an era -in our financial history. They were the most strenuously contested -measures of the session, and made the issue completely between -the hard money and the paper money systems. They triumphed--have -maintained their supremacy ever since--and vindicated their -excellence on trial. Vehemently opposed at the time, and the -greatest evil predicted, opposition has died away, and given -place to support; and the predicted evils have been seen only in -blessings. No attempt has been made to disturb these great measures -since their final adoption, and it would seem that none need now -be apprehended; but the history of their adoption presents one -of the most instructive lessons in our financial legislation, -and must have its interest with future ages as well as with the -present generation. The bills which were brought in for the -purpose were clear in principle--simple in detail: the government -to receive nothing but gold and silver for its revenues, and -its own officers to keep it--the Treasury being at the seat of -government, with branches, or sub-treasuries at the principal points -of collection and disbursement. And these treasuries to be real, -not constructive--strong buildings to hold the public moneys, and -special officers to keep the keys. The capacious, strong-walled and -well-guarded custom houses and mints, furnished in the great cities -the rooms that were wanted: the Treasury building at Washington was -ready, and in the right place. - -This proposed total separation of the federal government from all -banks--called at the time in the popular language of the day, the -divorce of Bank and State--naturally arrayed the whole bank power -against it, from a feeling of interest; and all (or nearly so) acted -in conjunction with the once dominant, and still potent, Bank of the -United States. In the Senate, Mr. Webster headed one interest--Mr. -Rives, of Virginia, the other; and Mr. Calhoun, who had long acted -with the opposition, now came back to the support of the democracy, -and gave the aid without which these great measures of the session -could not have been carried. His temperament required him to have a -lead; and it was readily yielded to him in the debate in all cases -where he went with the recommendations of the message; and hence -he appeared, in the debate on these measures, as the principal -antagonist of Mr. Webster and Mr. Rives. - -The present attitude of Mr. Calhoun gave rise to some taunts in -relation to his former support of a national bank, and on his -present political associations, which gave him the opportunity to -set himself right in relation to that institution and his support of -it in 1816 and 1834. In this vein Mr. Rives said: - - "It does seem to me, Mr. President, that this perpetual and - gratuitous introduction of the Bank of the United States into - this debate, with which it has no connection, as if to alarm the - imaginations of grave senators, is but a poor evidence of the - intrinsic strength of the gentleman's cause. Much has been said - of argument _ad captandum_ in the course of this discussion. I - have heard none that can compare with this solemn stalking of - the ghost of the Bank of the United States through this hall, to - 'frighten senators from their propriety.' I am as much opposed - to that institution as the gentleman or any one else is, or - can be. I think I may say I have given some proofs of it. The - gentleman himself acquits me of any design to favor the interest - of that institution, while he says such is the necessary - consequence of my proposition. The suggestion is advanced for - effect, and then retracted in form. Whatever be the new-born - zeal of the senator from South Carolina against the Bank of - the United States, I flatter myself that I stand in a position - that places me, at least, as much above suspicion of an undue - leaning in favor of that institution as the honorable gentleman. - If I mistake not, it was the senator from South Carolina who - introduced and supported the bill for the charter of the United - States Bank in 1816; it was he, also, who brought in a bill in - 1834, to extend the charter of that institution for a term of - twelve years; and none were more conspicuous than he in the - well-remembered scenes of that day, in urging the restoration of - the government deposits to this same institution." - -The reply of Mr. Calhoun to those taunts, which impeached his -consistency--a point at which he was always sensitive--was quiet -and ready, and the same that he had often been heard to express in -common conversation. He said: - - "In supporting the bank of 1816, I openly declared that, as a - question _de novo_, I would be decidedly against the bank, and - would be the last to give it my support. I also stated that, - in supporting the bank then, I yielded to the necessity of the - case, growing out of the then existing and long-established - connection between the government and the banking system. I - took the ground, even at that early period, that so long as - the connection existed, so long as the government received and - paid away bank notes as money, they were bound to regulate - their value, and had no alternative but the establishment - of a national bank. I found the connection in existence and - established before my time, and over which I could have no - control. I yielded to the necessity, in order to correct the - disordered state of the currency, which had fallen exclusively - under the control of the States. I yielded to what I could not - reverse, just as any member of the Senate now would, who might - believe that Louisiana was unconstitutionally admitted into the - Union, but who would, nevertheless, feel compelled to vote to - extend the laws to that State, as one of its members, on the - ground that its admission was an act, whether constitutional or - unconstitutional, which he could not reverse. In 1834, I acted - in conformity to the same principle, in proposing the renewal - of the bank charter for a short period. My object, as expressly - avowed, was to use the bank to break the connection between the - government and the banking system gradually, in order to avert - the catastrophe which has now befallen us, and which I then - clearly perceived. But the connection, which I believed to be - irreversible in 1816, has now been broken by operation of law. - It is now an open question. I feel myself free, for the first - time, to choose my course on this important subject; and, in - opposing a bank, I act in conformity to principles which I have - entertained ever since I have fully investigated the subject." - -Going on with his lead in support of the President's -recommendations, Mr. Calhoun brought forward the proposition to -discontinue the use of bank paper in the receipts and disbursements -of the federal government, and supported his motion as a measure as -necessary to the welfare of the banks themselves as to the safety of -the government. In this sense he said: - - "We have reached a new era with regard to these institutions. - He who would judge of the future by the past, in reference - to them, will be wholly mistaken. The year 1833 marks the - commencement of this era. That extraordinary man who had the - power of imprinting his own feelings on the community, then - commenced his hostile attacks, which have left such effects - behind, that the war then commenced against the banks, I clearly - see, will not terminate, unless there be a separation between - them and the government,--until one or the other triumphs--till - the government becomes the bank, or the bank the government. In - resisting their union, I act as the friend of both. I have, as - I have said, no unkind feeling toward the banks. I am neither - a bank man, nor an anti-bank man. I have had little connection - with them. Many of my best friends, for whom I have the highest - esteem, have a deep interest in their prosperity, and, as far - as friendship or personal attachment extends, my inclination - would be strongly in their favor. But I stand up here as the - representative of no particular interest. I look to the whole, - and to the future, as well as the present; and I shall steadily - pursue that course which, under the most enlarged view, I - believe to be my duty. In 1834 I saw the present crisis. I - in vain raised a warning voice, and endeavored to avert it. - I now see, with equal certainty, one far more portentous. If - this struggle is to go on--if the banks will insist upon a - reunion with the government, against the sense of a large and - influential portion of the community--and, above all, if they - should succeed in effecting it--a reflux flood will inevitably - sweep away the whole system. A deep popular excitement is never - without some reason, and ought ever to be treated with respect; - and it is the part of wisdom to look timely into the cause, and - correct it before the excitement shall become so great as to - demolish the object, with all its good and evil, against which - it is directed." - -Mr. Rives treated the divorce of bank and State as the divorce of -the government from the people, and said: - - "Much reliance, Mr. President, has been placed on the popular - catch-word of divorcing the government from all connection - with banks. Nothing is more delusive and treacherous than - catch-words. How often has the revered name of liberty been - invoked, in every quarter of the globe, and every age of the - world, to disguise and sanctify the most heartless despotisms. - Let us beware that, in attempting to divorce the government - from all connection with banks, we do not end with divorcing - the government from the people. As long as the people shall - be satisfied in their transactions with each other, with a - sound convertible paper medium, with a due proportion of the - precious metals forming the basis of that medium, and mingled - in the current of circulation, why should the government reject - altogether this currency of the people, in the operations of - the public Treasury? If this currency be good enough for the - masters it ought to be so for the servants. If the government - sternly reject, for its uses, the general medium of exchange - adopted by the community, is it not thereby isolated from the - general wants and business of the country, in relation to this - great concern of the currency? Do you not give it a separate, if - not hostile, interest, and thus, in effect, produce a divorce - between government and people?--a result, of all others, to be - most deprecated in a republican system." - -Mr. Webster's main argument in favor of the re-establishment of -the National Bank (which was the consummation he kept steadily -in his eye) was, as a regulator of currency, and of the domestic -exchanges. The answer to this was, that these arguments, now relied -on as the main ones for the continuance of the institution, were -not even thought of at its commencement--that no such reasons -were hinted at by General Hamilton and the advocates of the first -bank--that they were new-fangled, and had not been brought forward -by others until after the paper system had deranged both currency -and exchanges;--and that it was contradictory to look for the -cure of the evil in the source of the evil. It was denied that -the regulation of exchanges was a government concern, or that the -federal government was created for any such purpose. The buying and -selling of bills of exchange was a business pursuit--a commercial -business, open to any citizen or bank; and the loss or profit was -an individual, and not a government concern. It was denied that -there was any derangement of currency in the only currency which -the constitution recognized--that of gold and silver. Whoever had -this currency to be exchanged--that is, given in exchange at one -place for the same in another place--now had the exchange effected -on fair terms, and on the just commercial principle--that of paying -a difference equal to the freight and insurance of the money: and, -on that principle, gold was the best regulator of exchanges; for its -small bulk and little weight in proportion to its value, made it -easy and cheap of transportation; and brought down the exchange to -the minimum cost of such transportation (even when necessary to be -made), and to the uniformity of a permanent business. That was the -principle of exchange; but, ordinarily, there was no transportation -in the case: the exchange dealer in one city had his correspondent -in another: a letter often did the business. The regulation of the -currency required an understanding of the meaning of the term. As -used by the friends of a National Bank, and referred to its action, -the paper currency alone was intended. The phrase had got into -vogue since the paper currency had become predominant, and that is -a currency not recognized by the constitution, but repudiated by -it; and one of its main objects was to prevent the future existence -of that currency--the evils of which its framers had seen and -felt. Gold and silver was the only currency recognized by that -instrument, and its regulation specially and exclusively given to -Congress, which had lately discharged its duty in that particular, -in regulating the relative value of the two metals. The gold act -of 1834 had made that regulation, correcting the error of previous -legislation, and had revived the circulation of gold, as an ordinary -currency, after a total disappearance of it under an erroneous -valuation, for an entire generation. It was in full circulation when -the combined stoppage of the banks again suppressed it. That was the -currency--gold and silver, with the regulation of which Congress -was not only intrusted, but charged: and this regulation included -preservation. It must be saved before it can be regulated; and to -save it, it must be brought into the country--and kept in it. The -demand of the federal treasury could alone accomplish these objects. -The quantity of specie required for the use of that treasury--its -large daily receipts and disbursements--all inexorably confined to -hard money--would create the demand for the precious metals which -would command their presence, and that in sufficient quantity for -the wants of the people as well as of the government. For the -government does not consume what it collects--does not melt up or -hoard its revenue, or export it to foreign countries, but pays it -out to the people; and thus becomes the distributor of gold and -silver among them. It is the greatest paymaster in the country; and, -while it pays in hard money, the people will be sure of a supply. -We are taunted with the demand: "_Where is the better currency?_" -We answer: "_Suppressed by the conspiracy of the banks!_" And this -is the third time in the last twenty years in which paper money has -suppressed specie, and now suppresses it: for this is a game--(the -war between gold and paper)--in which the meanest and weakest -is always the conqueror. The baser currency always displaces the -better. Hard money needs support against paper, and that support -can be given by us, by excluding paper money from all federal -receipts and payments; and confining paper money to its own local -and inferior orbit: and its regulation can be well accomplished by -subjecting delinquent banks to the process of bankruptcy, and their -small notes to suppression under a federal stamp duty. - -The distress of the country figured largely in the speeches of -several members, but without finding much sympathy. That engine of -operating upon the government and the people had been over-worked -in the panic session of 1833-'34 and was now a stale resource, and -a crippled machine. The suspension appeared to the country to have -been purposely contrived, and wantonly continued. There was now -more gold and silver in the country than had ever been seen in it -before--four times as much as in 1832, when the Bank of the United -States was in its palmy state, and was vaunted to have done so -much for the currency. Twenty millions of silver was then its own -estimate of the amount of that metal in the United States, and not -a particle of gold included in the estimate. Now the estimate of -gold and silver was eighty millions; and with this supply of the -precious metals, and the determination of all the sound banks to -resume as soon as the Bank of the United States could be forced into -resumption, or forced into open insolvency, so as to lose control -over others, the suspension and embarrassment were obliged to be of -brief continuance. Such were the arguments of the friends of hard -money. - -The divorce bill, as amended, passed the Senate, and though not -acted upon in the House during this called session, yet received the -impetus which soon carried it through, and gives it a right to be -placed among the measures of that session. - - - - -CHAPTER XII. - -ATTEMPTED RESUMPTION OF SPECIE PAYMENTS. - - -The suspension of the banks commenced at New York, and took place -on the morning of the 10th of May: those of Philadelphia, headed -by the Bank of the United States, closed their doors two days -after, and merely in consequence, as they alleged, of the New -York suspension; and the Bank of the United States especially -declared its wish and ability to have continued specie payments -without reserve, but felt it proper to follow the example which -had been set. All this was known to be a fiction at the time; and -the events were soon to come, to prove it to be so. As early as -the 15th of August ensuing--in less than one hundred days after -the suspension--the banks of New York took the initiatory steps -towards resuming. A general meeting of the officers of the banks of -the city took place, and appointed a committee to correspond with -other banks to procure the appointment of delegates to agree upon -a time of general resumption. In this meeting it was unanimously -resolved: "_That the banks of the several States be respectfully -invited to appoint delegates to meet on the 27th day of November -next, in the city of New York, for the purpose of conferring on -the time when specie payments may be resumed with safety; and on -the measures necessary to effect that purpose._" Three citizens, -eminently respectable in themselves, and presidents of the leading -institutions--_Messrs._ Albert Gallatin, George Newbold, and -Cornelius W. Lawrence--were appointed a committee to correspond with -other banks on the subject of the resolution. They did so; and, -leaving to each bank the privilege of sending as many delegates as -it pleased, they warmly urged the importance of the occasion, and -that the banks from each State should be represented in the proposed -convention. There was a general concurrence in the invitation; but -the convention did not take place. One powerful interest, strong -enough to paralyze the movement, refused to come into it. That -interest was the Philadelphia banks, headed by the Bank of the -United States! So soon were fallacious pretensions exploded when put -to the test. And the test in this case was not resumption itself, -but only a meeting to confer upon a time when it would suit the -general interest to resume. Even to unite in that conference was -refused by this arrogant interest, affecting such a superiority -over all other banks; and pretending to have been only dragged into -their condition by their example. But a reason had to be given for -this refusal, and it was--and was worthy of the party; namely, that -it was not proper to do any thing in the business until after the -adjournment of the extra session of Congress. That answer was a key -to the movements in Congress to thwart the government plans, and -to coerce a renewal of the United States Bank charter. After the -termination of the session it will be seen that another reason for -refusal was found. - - - - -CHAPTER XIII. - -BANKRUPT ACT AGAINST BANKS. - - -This was the stringent measure recommended by the President to cure -the evil of bank suspensions. Scattered through all the States of -the Union, and only existing as local institutions, the federal -government could exercise no direct power over them; and the -impossibility of bringing the State legislatures to act in concert, -left the institutions to do as they pleased; or rather, left even -the insolvent ones to do as they pleased; for these, dominating -over the others, and governed by their own necessities, or designs, -compelled the solvent banks, through panic or self-defence, to -follow their example. Three of these general suspensions had -occurred in the last twenty years. The notes of these banks -constituting the mass of the circulating medium, put the actual -currency into the hands of these institutions; leaving the community -helpless; for it was not in the power of individuals to contend -with associated corporations. It was a reproach to the federal -government to be unable to correct this state of things--to see the -currency of the constitution driven out of circulation, and out of -the country; and substituted by depreciated paper; and the very evil -produced which it was a main object of the constitution to prevent. -The framers of that instrument were hard-money men. They had seen -the evils of paper money, and intended to guard their posterity -against what they themselves had suffered. They had done so, as -they believed, in the prohibition upon the States to issue bills of -credit; and in the prohibition upon the States to make any thing -but gold and silver a tender in discharge of debts. The invention -of banks, and their power over the community, had nullified this -just and wise intention of the constitution; and certainly it would -be a reproach to that instrument if it was incapable of protecting -itself against such enemies, at such an important point. Thus far -it had been found so incapable; but it was a question whether the -fault was in the instrument, or in its administrators. There were -many who believed it entirely to be the fault of the latter--who -believed that the constitution had ample means of protection, within -itself, against insolvent, or delinquent banks--and that, all that -was wanted was a will in the federal legislature to apply the remedy -which the evil required. This remedy was the process of bankruptcy, -under which a delinquent bank might be instantly stopped in its -operations--its circulation called in and paid off, as far as its -assets would go--itself closed up, and all power of further mischief -immediately terminated. This remedy it was now proposed to apply. -President Van Buren recommended it: he was the first President who -had had the merit of doing so; and all that was now wanted was a -Congress to back him: and that was a great want! one hard to supply. -A powerful array, strongly combined, was on the other side, both -moneyed and political. All the local banks were against it; and they -counted a thousand--their stockholders myriads;--and many of their -owners and debtors were in Congress: the (still so-called) Bank of -the United States was against it: and its power and influence were -still great: the whole political party opposed to the administration -were against it, as well because opposition is always a necessity -of the party out of power, as a means of getting in, as because in -the actual circumstances of the present state of things opposition -was essential to the success of the outside party. Mr. Webster was -the first to oppose the measure, and did so, seeming to question the -right of Congress to apply the remedy rather than to question the -expediency of it. He said: - - "We have seen the declaration of the President, in which he - says that he refrains from suggesting any specific plan for the - regulation of the exchanges of the country, and for relieving - mercantile embarrassments, or for interfering with the ordinary - operation of foreign or domestic commerce; and that he does - this from a conviction that such measures are not within the - constitutional province of the general government; and yet he - has made a recommendation to Congress which appears to me to - be very remarkable, and it is of a measure which he thinks may - prove a salutary remedy against a depreciated paper currency. - This measure is neither more nor less than a bankrupt law - against corporations and other bankers. - - "Now, Mr. President, it is certainly true that the constitution - authorizes Congress to establish uniform rules on the subject of - bankruptcies; but it is equally true, and abundantly manifest - that this power was not granted with any reference to currency - questions. It is a general power--a power to make uniform - rules on the subject. How is it possible that such a power can - be fairly exercised by seizing on corporations and bankers, - but excluding all the other usual subjects of bankrupt laws! - Besides, do such laws ordinarily extend to corporations at - all? But suppose they might be so extended, by a bankrupt law - enacted for the usual purposes contemplated by such laws; how - can a law be defended, which embraces them and bankers alone? I - should like to hear what the learned gentleman at the head of - the Judiciary Committee, to whom the subject is referred, has - to say upon it. How does the President's suggestion conform to - his notions of the constitution? The object of bankrupt laws, - sir, has no relation to currency. It is simply to distribute the - effects of insolvent debtors among their creditors; and I must - say, it strikes me that it would be a great perversion of the - power conferred on Congress to exercise it upon corporations - and bankers, with the leading and primary object of remedying a - depreciated paper currency. - - "And this appears the more extraordinary, inasmuch as the - President is of opinion that the general subject of the currency - is not within our province. Bankruptcy, in its common and just - meaning, is within our province. Currency, says the message, is - not. But we have a bankruptcy power in the constitution, and - we will use this power, not for bankruptcy, indeed, but for - currency. This, I confess, sir, appears to me to be the short - statement of the matter. I would not do the message, or its - author, any intentional injustice, nor create any apparent, - where there was not a real inconsistency; but I declare, in - all sincerity, that I cannot reconcile the proposed use of the - bankrupt power with those opinions of the message which respect - the authority of Congress over the currency of the country." - -The right to use this remedy against bankrupt corporations was of -course well considered by the President before he recommended it and -also by the Secretary of the Treasury (Mr. Woodbury), bred to the -bar, and since a justice of the Supreme Court of the United States, -by whom it had been several times recommended. Doubtless the remedy -was sanctioned by the whole cabinet before it became a subject of -executive recommendation. But the objections of Mr. Webster, though -rather suggested than urged, and confined to the _right_ without -impeaching the _expediency_ of the remedy, led to a full examination -into the nature and objects of the laws of bankruptcy, in which the -right to use them as proposed seemed to be fully vindicated. But -the measure was not then pressed to a vote; and the occasion for -the remedy having soon passed away, and not recurring since, the -question has not been revived. But the importance of the remedy, -and the possibility that it may be wanted at some future time, and -the high purpose of showing that the constitution is not impotent -at a point so vital, renders it proper to present, in this View -of the working of the government, the line of argument which was -then satisfactory to its advocates: and this is done in the ensuing -chapter. - - - - -CHAPTER XIV. - -BANKRUPT ACT FOR BANKS: MR. BENTON'S SPEECH. - - -The power of Congress to pass bankrupt laws is expressly given in -our constitution, and given without limitation or qualification. -It is the fourth in the number of the enumerated powers, and runs -thus: "Congress shall have power to establish a uniform rule of -naturalization, and uniform laws on the subject of bankruptcies -throughout the United States." This is a full and clear grant of -power. Upon its face it admits of no question, and leaves Congress -at full liberty to pass any kind of bankrupt laws they please, -limited only by the condition, that whatever laws are passed, they -are to be uniform in their operation throughout the United States. -Upon the face of our own constitution there is no question of our -right to pass a bankrupt law, limited to banks and bankers; but the -senator from Massachusetts [Mr. WEBSTER] and others who have spoken -on the same side with him, must carry us to England, and conduct us -through the labyrinth of English statute law, and through the chaos -of English judicial decisions, to learn what this word bankruptcies, -in our constitution, is intended to signify. In this he, and they, -are true to the habits of the legal profession--those habits which, -both in Great Britain and our America, have become a proverbial -disqualification for the proper exercise of legislative duties. I -know, Mr. President, that it is the fate of our lawyers and judges -to have to run to British law books to find out the meaning of the -phrases contained in our constitution; but it is the business of -the legislator, and of the statesman, to take a larger view--to -consider the difference between the political institutions of the -two countries--to ascend to first principles--to know the causes of -events--and to judge how far what was suitable and beneficial to -one might be prejudicial and inapplicable to the other. We stand -here as legislators and statesmen, not as lawyers and judges; we -have a grant of power to execute not a statute to interpret; and -our first duty is to look to that grant, and see what it is; and -our next duty is to look over our country, and see whether there is -any thing in it which requires the exercise of that grant of power. -This is what our President has done, and what we ought to do. He -has looked into the constitution, and seen there an unlimited grant -of power to pass uniform laws on the subject of bankruptcies; and -he has looked over the United States, and seen what he believes to -be fit subjects for the exercise of that power, namely, about a -thousand banks in a state of bankruptcy, and no State possessed of -authority to act beyond its own limits in remedying the evils of a -mischief so vast and so frightful. Seeing these two things--a power -to act, and a subject matter requiring action--the President has -recommended the action which the constitution permits, and which -the subject requires; but the senator from Massachusetts has risen -in his place, and called upon us to shift our view; to transfer our -contemplation--from the constitution of the United States to the -British statute book--from actual bankruptcy among ourselves to -historical bankruptcy in England; and to confine our legislation to -the characteristics of the English model. - -As a general proposition, I lay it down that Congress is not -confined, like jurists and judges, to the English statutory -definitions, or the Nisi Prius or King's Bench construction -of the phrases known to English legislation, and used in our -constitution. Such a limitation would not only narrow us down to a -mere lawyer's view of a subject, but would limit us, in point of -time, to English precedents, as they stood at the adoption of our -constitution, in the year 1789. I protest against this absurdity, -and contend that we are to use our granted powers according to -the circumstances of our own country, and according to the genius -of our republican institutions, and according to the progress of -events and the expansion of light and knowledge among ourselves. -If not, and if we are to be confined to the "usual objects," -and the "usual subjects," and the "usual purposes," of British -legislation at the time of the adoption of our constitution, how -could Congress ever make a law in relation to steamboats, or to -railroad cars, both of which were unknown to British legislation -in 1789; and therefore, according to the idea that would send us -to England to find out the meaning of our constitution, would not -fall within the limits of our legislative authority. Upon their -face, the words of the constitution are sufficient to justify the -President's recommendation, even as understood by those who impugn -that recommendation. The bankrupt clause is very peculiar in its -phraseology, and the more strikingly so from its contrast with -the phraseology of the naturalization clause, which is coupled -with it. Mark this difference: there is to be a uniform rule of -naturalization: there are to be uniform laws on the subject of -bankruptcies. One is in the singular, the other in the plural; one -is to be a rule, the other are to be laws; one acts on individuals, -the other on the subject; and it is bankruptcies that are, and not -bankruptcy that is, to be the objects of these uniform laws. - -As a proposition, now limited to this particular case, I lay it -down that we are not confined to the modern English acceptation -of this term _bankrupt_; for it is a term, not of English, but of -Roman origin. It is a term of the civil law, and borrowed by the -English from that code. They borrowed from Italy both the name -and the purpose of the law; and also the first objects to which -the law was applicable. The English were borrowers of every thing -connected with this code; and it is absurd in us to borrow from a -borrower--to copy from a copyist--when we have the original lender -and the original text before us. _Bancus_ and _ruptus_ signifies a -broken bench; and the word _broken_ is not metaphorical but literal, -and is descriptive of the ancient method of cashiering an insolvent -or fraudulent banker, by turning him out of the exchange or market -place, and breaking the table bench to pieces on which he kept his -money and transacted his business. The term _bankrupt_, then, in the -civil law from which the English borrowed it, not only applied to -bankers, but was confined to them; and it is preposterous in us to -limit ourselves to an English definition of a civil law term. - -Upon this exposition of our own constitution, and of the civil law -derivation of this term _bankrupt_, I submit that the Congress -of the United States is not limited to the English judicial or -statutory acceptation of the term; and so I finish the first point -which I took in the argument. The next point is more comprehensive, -and makes a direct issue with the proposition of the senator from -Massachusetts, [Mr. WEBSTER.] His proposition is, that we must -confine our bankrupt legislation to the usual objects, the usual -subjects, and the usual purposes of bankrupt laws in England; and -that currency (meaning paper money and shin-plasters of course), and -banks, and banking, are not within the scope of that legislation. -I take issue, sir, upon all these points, and am ready to go with -the senator to England, and to contest them, one by one, on the -evidences of English history, of English statute law, and of English -judicial decision. I say English; for, although the senator did not -mention England, yet he could mean nothing else, in his reference to -the usual objects, usual subjects, and usual purposes of bankrupt -laws. He could mean nothing else. He must mean the English examples -and the English practice, or nothing; and he is not a person to -speak, and mean nothing. - -Protesting against this voyage across the high seas, I nevertheless -will make it, and will ask the senator on what act, out of the -scores which Parliament has passed upon this subject, or on what -period, out of the five hundred years that she has been legislating -upon it, will he fix for his example? Or, whether he will choose -to view the whole together; and out of the vast chaotic and -heterogeneous mass, extract a general power which Parliament -possesses, and which he proposes for our exemplar? For myself, I am -agreed to consider the question under the whole or under either of -these aspects, and, relying on the goodness of the cause, expect a -safe deliverance from the contest, take it in any way. - -And first, as to the acts passed upon this subject; great is their -number, and most dissimilar their provisions. For the first two -hundred years, these acts applied to none but aliens, and a single -class of aliens, and only for a single act, that of flying the -realm to avoid their creditors. Then they were made to apply to -all debtors, whether natives or foreigners, engaged in trade or -not, and took effect for three acts: 1st, flying the realm; 2d, -keeping the house to avoid creditors; 3d, taking sanctuary in a -church to avoid arrest. For upwards of two hundred years--to be -precise, for two hundred and twenty years--bankruptcy was only -treated criminally, and directed against those who would not face -their creditors, or abide the laws of the land; and the remedies -against them were not civil, but criminal; it was not a distribution -of the effects, but corporal punishment, to wit: imprisonment and -outlawry.[1] The statute of Elizabeth was the first that confined -the law to merchants and traders, took in the unfortunate as well -as the criminal, extended the acts of bankruptcy to inability as -well as to disinclination to pay, discriminated between innocent and -fraudulent bankruptcy; and gave to creditors the remedial right to -a distribution of effects. This statute opened the door to judicial -construction, and the judges went to work to define by decisions, -who were traders, and what acts constituted the fact, or showed an -intent to delay or to defraud creditors. In making these decisions, -the judges reached high enough to get hold of royal companies, and -low enough to get hold of shoemakers; the latter upon the ground -that they bought the leather out of which they made the shoes; -and they even had a most learned consultation to decide whether a -man who was a landlord for dogs, and bought dead horses for his -four-legged boarders, and then sold the skins and bones of the horse -carcases he had bought, was not a trader within the meaning of the -act; and so subject to the statute of bankrupts. These decisions of -the judges set the Parliament to work again to preclude judicial -constructions by the precision, negatively and affirmatively, of -legislative enactment. But, worse and worse! Out of the frying-pan -into the fire. The more legislation the more construction; the more -statutes Parliament made, the more numerous and the more various -the judicial decisions; until, besides merchants and traders, near -forty other descriptions of persons were included; and the catalogue -of bankruptcy acts, innocent or fraudulent, is swelled to a length -which requires whole pages to contain it. Among those who are now -included by statutory enactment in England, leaving out the great -classes comprehended under the names of merchants and traders, are -bankers, brokers, factors, and scriveners; insurers against perils -by sea and land; warehousemen, wharfingers, packers, builders, -carpenters, shipwrights and victuallers; keepers of inns, hotels, -taverns and coffee-houses; dyers, printers, bleachers, fullers, -calendrers, sellers of cattle or sheep; commission merchants and -consignees; and the agents of all these classes. These are the -affirmative definitions of the classes liable to bankruptcy in -England; then come the negative; and among these are farmers, -graziers, and common laborers for hire; the receivers general of -the king's taxes, and members or subscribers to any incorporated -companies established by charter of act of Parliament. And among -these negative and affirmative exclusions and inclusions, there -are many classes which have repeatedly changed position, and found -themselves successively in and out of the bankrupt code. Now, in -all this mass of variant and contradictory legislation, what part -of it will the senator from Massachusetts select for his model? -The improved, and approved parts, to be sure! But here a barrier -presents itself--an impassable wall interposes--a veto power -intervenes. For it so happens that the improvements in the British -bankrupt code, those parts of it which are considered best, and most -worthy of our imitation, are of modern origin--the creations of the -last fifty years--actually made since the date of our constitution; -and, therefore, not within the pale of its purview and meaning. -Yes, sir, made since the establishment of our constitution, and, -therefore, not to be included within its contemplation; unless -this doctrine of searching into British statutes for the meaning -of our constitution, is to make us search forwards to the end of -the British empire, as well as search backwards to its beginning. -Fact is, that the actual bankrupt code of Great Britain--the one -that preserves all that is valuable, that consolidates all that is -preserved, and improves all that is improvable, is an act of most -recent date--of the reign of George IV.; and not yet a dozen years -old. Here, then, in going back to England for a model, we are cut -off from her improvements in the bankrupt code, and confined to take -it as it stood under the reign of the Plantagenets, the Tudors, -the Stuarts, and the earlier reigns of the Brunswick sovereigns. -This should be a consideration, and sufficiently weighty to turn -the scale in favor of looking to our own constitution alone for the -extent and circumscription of our powers. - - [1] _Preamble to the act of 34th of_ HENRY VIII. - -Whereas divers and sundry persons craftily obtained into their hands -great substance of other men's goods, do suddenly flee to parts -unknown, or keep their houses, not minding to pay or restore to any -of their creditors, their debts and duties, but at their own wills -and own pleasures consume the substance obtained by credit of other -men for their own pleasures and delicate living, against all reason, -equity, and good conscience. - -But let us continue this discussion upon principles of British -example and British legislation. We must go to England for one -of two things; either for a case in point, to be found in some -statute, or a general authority, to be extracted from a general -practice. Take it either way, or both ways, and I am ready and able -to vindicate, upon British precedents, our perfect right to enact a -bankrupt law, limited in its application to banks and bankers. And -first, for a case in point, that is to say, an English statute of -bankruptcy, limited to these lords of the purse-strings: we have -it at once, in the first act ever passed on the subject--the act -of the 30th year of the reign of Edward III., against the Lombard -Jews. Every body knows that these Jews were bankers, usually formed -into companies, who, issuing from Venice, Milan, and other parts -of Italy, spread over the south and west of Europe, during the -middle ages; and established themselves in every country and city in -which the dawn of reviving civilization, and the germ of returning -industry, gave employment to money, and laid the foundation of -credit. They came to London as early as the thirteenth century, -and gave their name to a street which still retains it, as well -as it still retains the particular occupation, and the peculiar -reputation, which the Lombard Jews established for it. The first -law against bankrupts ever passed in England, was against the -banking company composed of these Jews, and confined exclusively -to them. It remained in force two hundred years, without any -alteration whatever, and was nothing but the application of the -law of their own country to these bankers in the country of their -sojournment--the Italian law, founded upon the civil law, and called -in Italy _banco rotto_, broken bank. It is in direct reference to -these Jews, and this application of the exotic bankrupt law to them, -that Sir Edward Coke, in his institutes, takes occasion to say that -both the name and the wickedness of bankruptcy were of foreign -origin, and had been brought into England from foreign parts. It -was enacted under the reign of one of the most glorious of the -English princes--a reign as much distinguished for the beneficence -of its civil administration as for the splendor of its military -achievements. This act of itself is a full answer to the whole -objection taken by the senator from Massachusetts. It shows that, -even in England, a bankrupt law has been confined to a single class -of persons, and that class a banking company. And here I would be -willing to close my speech upon a compromise--a compromise founded -in reason and reciprocity, and invested with the equitable mantle -of a mutual concession. It is this: if we must follow English -precedents, let us follow them chronologically and orderly. Let -us begin at the beginning, and take them as they rise. Give me a -bankrupt law for two hundred years against banks and bankers; and, -after that, make another for merchants and traders. - -The senator from Massachusetts [Mr. WEBSTER] has emphatically -demanded, how the bankrupt power could be fairly exercised by -seizing on corporations and bankers, and excluding all the other -usual subjects of bankrupt laws? I answer, by following the example -of that England to which he has conducted us; by copying the act of -the 30th of Edward III., by going back to that reign of heroism, -patriotism, and wisdom; that reign in which the monarch acquired as -much glory from his domestic policy as from his foreign conquests; -that reign in which the acquisition of dyers and weavers from -Flanders, the observance of law and justice, and the encouragement -given to agriculture and manufactures, conferred more benefit -upon the kingdom, and more glory upon the king, than the splendid -victories of Poictiers, Agincourt, and Cressy. - -But the senator may not be willing to yield to this example, this -case in point, drawn from his own fountain, and precisely up to the -exigency of the occasion. He may want something more; and he shall -have it. I will now take the question upon its broadest bottom and -fullest merits. I will go to the question of general power--the -point of general authority--exemplified by the general practice -of the British Parliament, for five hundred years, over the whole -subject of bankruptcy. I will try the question upon this basis; and -here I lay down the proposition, that this five hundred years of -parliamentary legislation on bankruptcy establishes the point of -full authority in the British Parliament to act as it pleased on -the entire subject of bankruptcies. This is my proposition; and, -when it is proved, I shall claim from those who carry me to England -for authority, the same amount of power over the subject which the -British Parliament has been in the habit of exercising. Now, what -is the extent of that power? Happily for me, I, who have to speak, -without any inclination for the task; still more happily for those -who have to hear me, peradventure without profit or pleasure; -happily for both parties, my proposition is already proved, partly -by what I have previously advanced, and fully by what every senator -knows. I have already shown the practice of Parliament upon this -subject, that it has altered and changed, contracted and enlarged, -put in and left out, abolished and created, precisely as it pleased. -I have already shown, in my rapid view of English legislation on -this subject, that the Parliament exercised plenary power and -unlimited authority over every branch of the bankrupt question; -that it confined the action of the bankrupt laws to a single class -of persons, or extended it to many classes; that it was sometimes -confined to foreigners, then applied to natives, and that now it -comprehends natives, aliens, denizens, and women; that at one time -all debtors were subject to it; then none but merchants and traders; -and now, besides merchants and traders, a long list of persons who -have nothing to do with trade; that at one time bankruptcy was -treated criminally, and its object punished corporeally, while now -it is a remedial measure for the benefit of the creditors, and the -relief of unfortunate debtors; and that the acts of the debtor -which may constitute him a bankrupt, have been enlarged from -three or four glaring misdeeds, to so long a catalogue of actions, -divided into the heads of innocent and fraudulent; constructive -and positive; intentional and unintentional; voluntary and forced; -that none but an attorney, with book in hand, can pretend to -enumerate them. All this has been shown; and, from all this, it is -incontestable that Parliament can do just what it pleases on the -subject; and, therefore, our Congress, if referred to England for -its powers, can do just what it pleases also. And thus, whether we -go by the words of our own constitution, or by a particular example -in England, or deduce a general authority from the general practice -of that country, the result is still the same: we have authority to -limit, if we please, our bankrupt law to the single class of banks -and bankers. - -The senator from Massachusetts [MR. WEBSTER] demands whether -bankrupt laws ordinarily extend to corporations, meaning moneyed -corporations. I am free to answer that, in point of fact, they do -not. But why? because they ought not? or because these corporations -have yet been powerful enough, or fortunate enough, to keep their -necks out of that noose? Certainly the latter. It is the power of -these moneyed corporations in England, and their good fortune in -our America, which, enabling them to grasp all advantages on one -hand, and to repulse all penalties on the other, has enabled them -to obtain express statutory exemption from bankrupt liabilities -in England; and to escape, thus far, from similar liabilities in -the United States. This, sir, is history, and not invective; it is -fact, and not assertion; and I will speedily refresh the senator's -memory, and bring him to recollect why it is, in point of fact, -that bankrupt laws do not usually extend to these corporations. -And, first, let us look to England, that great exemplar, whose -evil examples we are so prompt, whose good ones we are so slow, -to imitate. How stands this question of corporation unliability -there? By the judicial construction of the statute of Elizabeth, -the partners in all incorporated companies were held subject to -the bankrupt law; and, under this construction, a commission of -bankrupt was issued against Sir John Wolstenholme, a gentleman of -large fortune, who had advanced a sum of money on an adventure in -the East India Company's trade. The issue of this commission was -affirmed by the Court of King's Bench; but this happened to take -place in the reign of Charles II.--that reign during which so little -is found worthy of imitation in the government of Great Britain--and -immediately two acts of Parliament were passed, one to annul the -judgment of the Court of King's Bench in the case of Sir John -Wolstenholme, and the other to prevent any such judgments from being -given in future. Here are copies of the two acts: - - FIRST ACT, TO ANNUL THE JUDGMENT. - - "Whereas a verdict and judgment was had in the Easter term of - the King's Bench, whereby Sir John Wolstenholme, knight, and - adventurer in the East India Company, was found liable to a - commission of bankrupt only for, and by reason of, a share which - he had in the joint stock of said company: Now, &c., Be it - enacted, That the said judgment be reversed, annulled, vacated, - and for naught held," &c. - - SECOND ACT, TO PREVENT SUCH JUDGMENTS IN FUTURE. - - "That whereas divers noblemen and gentlemen, and persons of - quality, no ways bred up to trade, do often put in great stocks - of money into the East India and Guinea Company: Be it enacted, - That no persons adventurers for putting in money or merchandise - into the said companies, or for venturing or managing the - fishing trade, called the royal fishing trade, shall be reputed - or taken to be a merchant or trader within any statutes for - bankrupts." - -Thus, and for these reasons, were chartered companies and their -members exempted from the bankrupt penalties, under the dissolute -reign of Charles II. It was not the power of the corporations at -that time--for the Bank of England was not then chartered, and the -East India Company had not then conquered India--which occasioned -this exemption; but it was to favor the dignified characters who -engaged in the trade--noblemen, gentlemen, and persons of quality. -But, afterwards, when the Bank of England had become almost the -government of England, and when the East India Company had acquired -the dominions of the Great Mogul, an act of Parliament expressly -declared that no member of any incorporated company, chartered by -act of Parliament, should be liable to become bankrupt. This act was -passed in the reign of George IV., when the Wellington ministry was -in power, and when liberal principles and human rights were at the -last gasp. So much for these corporation exemptions in England; and -if the senator from Massachusetts finds any thing in such instances -worthy of imitation, let him stand forth and proclaim it. - -But, sir, I am not yet done with my answer to this question; do -such laws ordinarily extend to corporations at all? I answer, most -decidedly, that they do! that they apply in England to all the -corporations, except those specially excepted by the act of George -IV.; and these are few in number, though great in power--powerful, -but few--nothing but units to myriads, compared to those which are -not excepted. The words of that act are: "Members of, or subscribers -to, any incorporated commercial or trading companies, established -by charter act of Parliament." These words cut off at once the -many ten thousand corporations in the British empire existing by -prescription, or incorporated by letters patent from the king; and -then they cut off all those even chartered by act of Parliament -which are not commercial or trading in their nature. This saves -but a few out of the hundreds of thousands of corporations which -abound in England, Scotland, Wales, and Ireland. It saves, or rather -confirms, the exemption of the Bank of England, which is a trader -in money; and it confirms, also, the exemption of the East India -Company which is, in contemplation of law at least, a commercial -company; and it saves or exempts a few others deriving charters of -incorporation from Parliament; but it leaves subject to the law -the whole wilderness of corporations, of which there are thousands -in London alone, which derive from prescription or letters patent; -and it also leaves subject to the same laws all the corporations -created by charter act of Parliament, which are not commercial -or trading. The words of the act are very peculiar--"charter act -of Parliament;" so that corporations by a general law, without a -special charter act, are not included in the exemption. This answer, -added to what has been previously said, must be a sufficient reply -to the senator's question, whether bankrupt laws ordinarily extend -to corporations? Sir, out of the myriad of corporations in Great -Britain, the bankrupt law extends to the whole, except some half -dozen or dozen. - -So much for the exemption of these corporations in England; now -for our America. We never had but one bankrupt law in the United -States, and that for the short period of three or four years. It was -passed under the administration of the elder Mr. Adams, and repealed -under Mr. Jefferson. It copied the English acts including among the -subjects of bankruptcy, bankers, brokers, and factors. Corporations -were not included; and it is probable that no question was raised -about them, as, up to that time, their number was few, and their -conduct generally good. But, at a later date, the enactment of a -bankrupt law was again attempted in our Congress; and, at that -period, the multiplication and the misconduct of banks presented -them to the minds of many as proper subjects for the application -of the law; I speak of the bill of 1827, brought into the Senate, -and lost. That bill, like all previous laws since the time of -George II., was made applicable to bankers, brokers, and factors. A -senator from North Carolina [Mr. BRANCH] moved to include banking -corporations. The motion was lost, there being but twelve votes -for it; but in this twelve there were some whose names must carry -weight to any cause to which they are attached. The twelve were, -Messrs. Barton, Benton, Branch, Cobb, Dickerson, Hendricks, Macon, -Noble, Randolph, Reed, Smith of South Carolina, and White. The whole -of the friends of the bill, twenty-one in number, voted against -the proposition, (the present Chief Magistrate in the number,) and -for the obvious reason, with some, of not encumbering the measure -they were so anxious to carry, by putting into it a new and untried -provision. And thus stands our own legislation on this subject. In -point of fact, then, chartered corporations have thus far escaped -bankrupt penalties, both in England, and in our America; but ought -they to continue to escape? This is the question--this the true and -important inquiry, which is now to occupy the public mind. - -The senator from Massachusetts [Mr. WEBSTER] says the object of -bankrupt laws has no relation to currency; that their object is -simply to distribute the effects of insolvent debtors among their -creditors. So says the senator, but what says history? What says the -practice of Great Britain? I will show you what it says, and for -that purpose will read a passage from McCulloch's notes on Smith's -Wealth of Nations. He says: - - "In 1814-'15, and '16, no fewer than 240 country banks stopped - payment, and ninety-two commissions of bankruptcy were issued - against these establishments, being at the rate of one - commission against every seven and a half of the total number of - country banks existing in 1813." - -Two hundred and forty stopped payment at one dash, and ninety-two -subjected to commissions of bankruptcy. They were not indeed -chartered banks, for there are none such in England, except the -Bank of England; but they were legalized establishments, existing -under the first joint-stock bank act of 1708; and they were banks of -issue. Yet they were subjected to the bankrupt laws, ninety-two of -them in a single season of bank catalepsy; their broken "promises -to pay" were taken out of circulation; their doors closed; their -directors and officers turned out; their whole effects, real and -personal, their money, debts, books, paper, and every thing, put -into the hands of assignees; and to these assignees, the holders of -their notes forwarded their demands, and were paid, every one in -equal proportion--as the debts of the bank were collected, and its -effects converted into money; and this without expense or trouble -to any one of them. Ninety-two banks in England shared this fate -in a single season of bank mortality; five hundred more could be -enumerated in other seasons, many of them superior in real capital, -credit, and circulation, to our famous chartered banks, most of -which are banks of moonshine, built upon each other's paper; and -the whole ready to fly sky-high the moment any one of the concern -becomes sufficiently inflated to burst. The immediate effect of this -application of the bankrupt laws to banks in England, is two-fold: -first, to save the general currency from depreciation, by stopping -the issue and circulation of irredeemable notes; secondly, to do -equal justice to all creditors, high and low, rich and poor, present -and absent, the widow and the orphan, as well as the cunning and the -powerful, by distributing their effects in proportionate amounts to -all who hold demands. This is the operation of bankrupt laws upon -banks in England, and all over the British empire; and it happens to -be the precise check upon the issue of broken bank paper, and the -precise remedy for the injured holders of their dishonored paper -which the President recommends. Here is his recommendation, listen -to it: - - "In the mean time, it is our duty to provide all the remedies - against a depreciated paper currency which the constitution - enables us to afford. The Treasury Department, on several former - occasions, has suggested the propriety and importance of a - uniform law concerning bankruptcies of corporations and other - bankers. Through the instrumentality of such a law, a salutary - check may doubtless be imposed on the issues of paper money, - and an effectual remedy given to the citizen, in a way at once - equal in all parts of the Union, and fully authorized by the - constitution." - -The senator from Massachusetts says he would not, intentionally, -do injustice to the message or its author; and doubtless he is not -conscious of violating that benevolent determination; but here is -injustice, both to the message and to its author; injustice in not -quoting the message as it is, and showing that it proposes a remedy -to the citizen, as well as a check upon insolvent issues; injustice -to the author in denying that the object of bankrupt laws has any -relation to currency, when history shows that these laws are the -actual instrument for regulating and purifying the whole local paper -currency of the entire British empire, and saving that country -from the frauds, losses, impositions, and demoralization of an -irredeemable paper money. - -The senator from Massachusetts says the object of bankrupt laws has -no relation to currency. If he means hard-money currency, I agree -with him; but if he means bank notes, as I am sure he does, then I -point him to the British bankrupt code, which applies to every bank -of issue in the British empire, except the Bank of England itself, -and the few others, four or five in number, which are incorporated -by charter acts. All the joint-stock banks, all the private banks, -all the bankers of England, Scotland, Wales, and Ireland, are -subject to the law of bankruptcy. Many of these establishments are -of great capital and credit; some having hundreds, or even thousands -of partners; and many of them having ten, or twenty, or thirty, and -some even forty branches. They are almost the exclusive furnishers -of the local and common bank note currency; the Bank of England -notes being chiefly used in the great cities for large mercantile -and Government payments. These joint-stock banks, private companies, -and individual bankers are, practically, in the British empire what -the local banks are in the United States. They perform the same -functions, and differ in name only; not in substance nor in conduct. -They have no charters, but they have a legalized existence; they are -not corporations, but they are allowed by law to act in a body; they -furnish the actual paper currency of the great body of the people -of the British empire, as much so as our local banks furnish the -mass of paper currency to the people of the United States. They have -had twenty-four millions sterling (one hundred and twenty millions -of dollars) in circulation at one time; a sum nearly equal to the -greatest issue ever known in the United States; and more than equal -to the whole bank-note circulation of the present day. They are all -subject to the law of bankruptcy, and their twenty-four millions -sterling of currency along with them; and five hundred of them have -been shut up and wound up under commissions of bankruptcy in the -last forty years; and yet the senator from Massachusetts informs us -that the object of bankrupt laws has no relation to currency! - -But it is not necessary to go all the way to England to find -bankrupt laws having relation to currency. The act passed in our -own country, about forty years ago, applied to bankers; the bill -brought into the House of Representatives, about fifteen years -ago, by a gentleman then, and now, a representative from the city -of Philadelphia, [Mr. SERGEANT,] also applied to bankers; and the -bill brought into this Senate, ten years ago, by a senator from -South Carolina, not now a member of this body, [General HAYNE,] -still applied to bankers. These bankers, of whom there were many -in the United States, and of whom Girard, in the East, and Yeatman -and Woods, in the West, were the most considerable--these bankers -all issued paper money; they all issued currency. The act, then, of -1798, if it had continued in force, or the two bills just referred -to, if they had become law, would have operated upon these bankers -and their banks--would have stopped their issues, and put their -establishments into the hands of assignees, and distributed their -effects among their creditors. This, certainly, would have been -having some relation to currency: so that, even with our limited -essays towards a bankrupt system, we have scaled the outworks of the -banking empire; we have laid hold of bankers, but not of banks; -we have reached the bank of Girard, but not the Girard Bank; we -have applied our law to the bank of Yeatman and Woods, but not to -the rabble of petty corporations which have not the tithe of their -capital and credit. We have gone as far as bankers, but not as far -as banks; and now give me a reason for the difference. Give me a -reason why the act of 1798, the bill of Mr. SERGEANT, in 1821, and -the bill of General HAYNE, in 1827, should not include banks as well -as bankers. They both perform the same function--that of issuing -paper currency. They both involve the same mischief when they stop -payment--that of afflicting the country with a circulation of -irredeemable and depreciated paper money. They are both culpable in -the same mode, and in the same degree; for they are both violators -of their "promises to pay." They both exact a general credit from -the community, and they both abuse that credit. They both have -creditors, and they both have effects; and these creditors have as -much right to a _pro rata_ distribution of the effects in one case -as in the other. Why, then, a distinction in favor of the bank? Is -it because corporate bodies are superior to natural bodies? because -artificial beings are superior to natural beings? or, rather, is it -not because corporations are assemblages of men; and assemblages are -more powerful than single men; and, therefore, these corporations, -in addition to all their vast privileges, are also to have the -privilege of being bankrupt, and afflicting the country with the -evils of bankruptcy, without themselves being subjected to the laws -of bankruptcy? Be this as it may--be the cause what it will--the -decree has gone forth for the decision of the question--for the -trial of the issue--for the verdict and judgment upon the claim of -the banks. They have many privileges and exemptions now, and they -have the benefit of all laws against the community. They pay no -taxes; the property of the stockholders is not liable for their -debts; they sue their debtors, sell their property, and put their -bodies in jail. They have the privilege of stamping paper money; -the privilege of taking interest upon double, treble, and quadruple -their actual money. They put up and put down the price of property, -labor, and produce, as they please. They have the monopoly of -making the actual currency. They are strong enough to suppress -the constitutional money, and to force their own paper upon the -community, and then to redeem it or not, as they please. And is it -to be tolerated, that, in addition to all these privileges, and all -these powers, they are to be exempted from the law of bankruptcy? -the only law of which they are afraid, and the only one which can -protect the country against their insolvent issues, and give a -fair chance for payment to the numerous holders of their violated -"promises to pay!" - -I have discussed, Mr. President, the right of Congress to apply -a bankrupt law to banking corporations; I have discussed it on -the words of our own constitution, on the practice of England, -and on the general authority of Parliament; and on each and every -ground, as I fully believe, vindicated our right to pass the law. -The right is clear; the expediency is manifest and glaring. Of all -the objects upon the earth, banks of circulation are the fittest -subjects of bankrupt laws. They act in secret, and they exact a -general credit. Nobody knows their means, yet every body must trust -them. They send their "promises to pay" far and near. They push -them into every body's hands; they make them small to go into small -hands--into the hands of the laborer, the widow, the helpless, -the ignorant. Suddenly the bank stops payment; all these helpless -holders of their notes are without pay, and without remedy. A few -on the spot get a little; those at a distance get nothing. For each -to sue, is a vexatious and a losing business. The only adequate -remedy--the only one that promises any justice to the body of the -community, and the helpless holders of small notes--is the bankrupt -remedy of assignees to distribute the effects. This makes the real -effects available. When a bank stops, it has little or no specie; -but it has, or ought to have, a good mass of solvent debts. At -present, all these debts are unavailable to the community--they go -to a few large and favored creditors; and those who are most in -need get nothing. But a stronger view remains to be taken of these -debts: the mass of them are due from the owners and managers of -the banks--from the presidents, directors, cashiers, stockholders, -attorneys; and these people do not make themselves pay. They do -not sue themselves, nor protest themselves. They sue and protest -others, and sell out their property, and put their bodies in jail; -but, as for themselves, who are the main debtors, it is another -affair! They take their time, and usually wait till the notes are -heavily depreciated, and then square off with a few cents in the -dollar! A commission of bankruptcy is the remedy for this evil; -assignees of the effects of the bank are the persons to make these -owners, and managers, and chief debtors to the institutions, pay up. -Under the bankrupt law, every holder of a note, no matter how small -in amount, nor how distant the holder may reside, on forwarding the -note to the assignees, will receive his ratable proportion of the -bank's effects, without expense, and without trouble to himself. -It is a most potent, a most proper, and most constitutional remedy -against delinquent banks. It is an equitable and a brave remedy. It -does honor to the President who recommended it, and is worthy of the -successor of Jackson. - -Senators upon this floor have ventured the expression of an opinion -that there can be no resumption of specie payments in this country -until a national bank shall be established, meaning, all the while, -until the present miscalled Bank of the United States shall be -rechartered. Such an opinion is humiliating to this government, -and a reproach upon the memory of its founders. It is tantamount -to a declaration that the government, framed by the heroes and -sages of the Revolution, is incapable of self-preservation; that -it is a miserable image of imbecility, and must take refuge in the -embraces of a moneyed corporation, to enable it to survive its -infirmities. The humiliation of such a thought should expel it -from the imagination of every patriotic mind. Nothing but a dire -necessity--a last, a sole, an only alternative--should bring this -government to the thought of leaning upon any extraneous aid. But -here is no necessity, no reason, no pretext, no excuse, no apology, -for resorting to collateral aid; and, above all, to the aid of a -master in the shape of a national bank. The granted powers of the -government are adequate to the coercion of all the banks. As banks, -the federal government has no direct authority over them; but as -bankrupts, it has them in its own hands. It can pass bankrupt laws -for these delinquent institutions. It can pass such laws either with -or without including merchants and traders; and the day for such -law to take effect, will be the day for the resumption of specie -payments by every solvent bank, and the day for the extinction of -the abused privileges of every insolvent one. So far from requiring -the impotent aid of the miscalled Bank of the United States to -effect a resumption, that institution will be unable to prevent a -resumption. Its veto power over other banks will cease; and it will -itself be compelled to resume specie payment, or die! - -Besides these great objects to be attained by the application of a -bankrupt law to banking corporations, there are other great purposes -to be accomplished, and some most sacred duties to be fulfilled, -by the same means. Our constitution contains three most vital -prohibitions, of which the federal government is the guardian and -the guarantee, and which are now publicly trodden under foot. No -State shall emit bills of credit; no State shall make any thing but -gold and silver coin a tender in payment of debts; no State shall -pass any law impairing the obligation of contracts. No State shall -do these things. So says the constitution under which we live, and -which it is the duty of every citizen to protect, preserve, and -defend. But a new power has sprung up among us, and has annulled -the whole of these prohibitions. That new power is the oligarchy of -banks. It has filled the whole land with bills of credit; for it is -admitted on all hands that bank notes, not convertible into specie, -are bills of credit. It has suppressed the constitutional currency, -and made depreciated paper money a forced tender in payment of every -debt. It has violated all its own contracts, and compelled all -individuals, and the federal government and State governments, to -violate theirs; and has obtained from sovereign States an express -sanction, or a silent acquiescence, in this double violation of -sacred obligations, and in this triple annulment of constitutional -prohibitions. It is our duty to bring, or to try to bring, this -new power under subordination to the laws and the government. It -is our duty to go to the succor of the constitution--to rescue, if -possible, these prohibitions from daily, and public and permanent -infraction. The application of the bankrupt law to this new power, -is the way to effect this rescue--the way to cause these vital -prohibitions to be respected and observed, and to do it in a way to -prevent collisions between the States and the federal government. -The prohibitions are upon the States; it is they who are not to do -these things, and, of course, are not to authorize others to do what -they cannot do themselves. The banks are their delegates in this -three-fold violation of the constitution; and, in proceeding against -these delegates, we avoid collision with the States. - -Mr. President, every form of government has something in it to -excite the pride, and to rouse the devotion, of its citizens. In -monarchies, it is the authority of the king; in republics, it is -the sanctity of the laws. The loyal subject makes it the point of -honor to obey the king; the patriot republican makes it his glory to -obey the laws. We are a republic. We have had illustrious citizens, -conquering generals, and victorious armies; but no citizen, no -general, no army, has undertaken to dethrone the laws and to -reign in their stead. This parricidal work has been reserved for -an oligarchy of banks! Three times, in thrice seven years, this -oligarchy has dethroned the law, and reigned in its place. Since May -last, it has held the sovereign sway, and has not yet vouchsafed to -indicate the day of its voluntary abdication. The Roman military -dictators usually fixed a term to their dictatorships. I speak of -the usurpers, not of the constitutional dictators for ten days. -These usurpers usually indicated a time at which usurpation should -cease, and law and order again prevail. Not so with this new power -which now lords it over our America. They fix no day; they limit -no time; they indicate no period for their voluntary descent from -power, and for their voluntary return to submission to the laws. -They could agree in the twinkling of an eye--at the drop of a -hat--at the crook of a finger--to usurp the sovereign power; they -cannot agree, in four months, to relinquish it. They profess to be -willing, but cannot agree upon the time. Let us perform that service -for them. Let us name a day. Let us fix it in a bankrupt law. Let -us pass that law, and fix a day for it to take effect; and that day -will be the day for the resumption of specie payments, or for the -trial of the question of permanent supremacy between the oligarchy -of banks, and the constitutional government of the people. - -We are called upon to have mercy upon the banks; the prayer should -rather be to them, to have mercy upon the government and the -people. Since May last the ex-deposit banks alone have forced -twenty-five millions of depreciated paper through the federal -government upon its debtors and the States, at a loss of at least -two and a half millions to the receivers, and a gain of an equal -amount to the payers. The thousand banks have the country and -the government under their feet at this moment, owing to the -community upwards of an hundred millions of dollars, of which they -will pay nothing, not even ninepences, picayunes, and coppers. -Metaphorically, if not literally, they give their creditors more -kicks than coppers. It is for them to have mercy on us. But what -is the conduct of government towards these banks? Even at this -session, with all their past conduct unatoned for, we have passed -a relief bill for their benefit--a bill to defer the collection of -the large balance which they still owe the government. But there -is mercy due in another quarter--upon the people, suffering from -the use of irredeemable and depreciated paper--upon the government, -reduced to bankruptcy--upon the character of the country, suffering -in the eyes of Europe--upon the character of republican government, -brought into question by the successful usurpation of these -institutions. This last point is the sorest. Gentlemen speak of -the failure of experiments--the failure of the specie experiment, -as it is called by those who believe that paper is the ancient and -universal money of the world; and that the use of a little specie -for the first time is not to be attempted. They dwell upon the -supposed failure of "the experiment;" while all the monarchists of -Europe are rejoicing in the failure of the experiment of republican -government, at seeing this government, the last hope of the liberal -world, struck and paralyzed by an oligarchy of banks--seized by the -throat, throttled and held as a tiger would hold a babe--stripped -of its revenues, bankrupted, and subjected to the degradation of -becoming their engine to force their depreciated paper upon helpless -creditors. Here is the place for mercy--upon the people--upon the -government--upon the character of the country--upon the character of -republican government. - -The apostle of republicanism, Mr. Jefferson, has left it as a -political legacy to the people of the United States, never to suffer -their government to fall under the control of any unauthorized, -irresponsible, or self-created institutions of bodies whatsoever. -His allusion was to the Bank of the United States, and its notorious -machinations to govern the elections, and get command of the -government; but his admonition applies with equal force to all other -similar or affiliated institutions; and, since May last, it applies -to the whole league of banks which then "shut up the Treasury," and -reduced the government to helpless dependence. - -It is said that bankruptcy is a severe remedy to apply to banks. It -may be answered that it is not more severe here than in England, -where it applies to all banks of issue, except the Bank of England, -and a few others; and it is not more severe to them than it is -to merchants and traders, and to bankers and brokers, and all -unincorporated banks. Personally, I was disposed to make large -allowances for the conduct of the banks. Our own improvidence -tempted them into an expansion of near forty millions, in 1835 and -1836, by giving them the national domain to bank upon; a temptation -which they had not the fortitude to resist, and which expanded them -to near the bursting point. Then they were driven almost to a choice -of bankruptcy between themselves and their debtors, by the act which -required near forty millions to be distributed in masses, and at -brief intervals, among the States. Some failures were inevitable -under these circumstances, and I was disposed to make liberal -allowances for them; but there are three things for which the banks -have no excuse, and which should forever weigh against their claims -to favor and confidence. These things are, first, the political -aspect which the general suspension of payment was permitted to -assume, and which it still wears; secondly, the issue and use of -shinplasters, and refusal to pay silver change, when there are -eighty millions of specie in the country; thirdly, the refusal, by -the deposit banks to pay out the sums which had been severed from -the Treasury, and stood in the names of disbursing officers, and -was actually due to those who were performing work and labor, and -rendering daily services to the government. For these three things -there is no excuse; and, while memory retains their recollection, -there can be no confidence in those who have done them. - - - - -CHAPTER XV. - -DIVORCE OF BANK AND STATE: MR. BENTON'S SPEECH. - - -The bill is to divorce the government from the banks, or rather is -to declare the divorce, for the separation has already taken place -by the operation of law and by the delinquency of the banks. The -bill is to declare the divorce; the amendment is to exclude their -notes from revenue payments, not all at once, but gradually, and -to be accomplished by the 1st day of January, 1841. Until then -the notes of specie-paying banks may be received, diminishing -one-fourth annually; and after that day, all payments to and from -the federal government are to be made in hard money. Until that -day, payments from the United States will be governed by existing -laws. The amendment does not affect the Post Office department -until January, 1841; until then, the fiscal operations of that -Department remain under the present laws; after that day they fall -under the principle of the bill, and all payments to and from that -department will be made in hard money. The effect of the whole -amendment will be to restore the currency of the constitution to the -federal government--to re-establish the great acts of 1789 and of -1800--declaring that the revenues should be collected in gold and -silver coin only; those early statutes which were enacted by the -hard money men who made the constitution, who had seen and felt the -evils of that paper money, and intended to guard against these evils -in future by creating, not a paper, but a hard-money government. - -I am for this restoration. I am for restoring to the federal -treasury the currency of the constitution. I am for carrying back -this government to the solidity projected by its founders. This -is a great object in itself--a reform of the first magnitude--a -reformation with healing on its wings, bringing safety to the -government and blessings to the people. The currency is a thing -which reaches every individual, and every institution. From the -government to the washer-woman, all are reached by it, and all -concerned in it; and, what seems parodoxical, all are concerned to -the same degree; for all are concerned to the whole extent of their -property and dealings; and all is all, whether it be much or little. -The government with its many ten millions of revenue, suffers no -more in proportion than the humble and meritorious laborer who works -from sun to sun for the shillings which give food and raiment to -his family. The federal government has deteriorated the currency, -and carried mischief to the whole community, and lost its own -revenues, and subjected itself to be trampled upon by corporations, -by departing from the constitution, and converting this government -from a hard-money to a paper money government. The object of the -amendment and the bill is to reform these abuses, and it is a reform -worthy to be called a reformation--worthy to engage the labor of -patriots--worthy to unite the exertions of different parties--worthy -to fix the attention of the age--worthy to excite the hopes of the -people, and to invoke upon its success the blessings of heaven. - -Great are the evils,--political, pecuniary, and moral,--which have -flowed from this departure from our constitution. Through the -federal government alone--through it, not by it--two millions and -a half of money have been lost in the last four months. Thirty-two -millions of public money was the amount in the deposit banks when -they stopped payment; of this sum twenty-five millions have been -paid over to government creditors, or transferred to the States. -But how paid, and how transferred? In what? In real money, or its -equivalent? Not at all! But in the notes of suspended banks--in -notes depreciated, on an average, ten per cent. Here then were two -and a half millions lost. Who bore the loss? The public creditors -and the States. Who gained it? for where there is a loss to one, -there must be a gain to another. Who gained the two and a half -millions, thus sunk upon the hands of the creditors and the States? -The banks were the gainers; they gained it; the public creditors -and the States lost it; and to the creditors it was a forced loss. -It is in vain to say that they consented to take it. They had no -alternative. It was that or nothing. The banks forced it upon the -government; the government forced it upon the creditor. Consent was -out of the question. Power ruled, and that power was in the banks; -and they gained the two and a half millions which the States and the -public creditors lost. - -I do not pretend to estimate the moneyed losses, direct and -indirect, to the government alone, from the use of local bank notes -in the last twenty-five years, including the war, and covering -three general suspensions. Leaving the people out of view, as a -field of losses beyond calculation, I confine myself to the federal -government, and say, its losses have been enormous, prodigious, -and incalculable. We have had three general stoppages of the local -banks in the short space of twenty-two years. It is at the average -rate of one in seven years; and who is to guaranty us from another, -and from the consequent losses, if we continue to receive their -bills in payment of public dues? Another stoppage must come, and -that, reasoning from all analogies, in less than seven years after -the resumption. Many must perish in the attempt to resume, and -would do better to wind up at once, without attempting to go on, -without adequate means, and against appalling obstacles. Another -revulsion must come. Thus it was after the last resumption. The -banks recommenced payments in 1817--in two years, the failures -were more disastrous than ever. Thus it was in England after the -long suspension of twenty-six years. Payments recommenced in -1823--in 1825 the most desolating crash of banks took place which -had ever been known in the kingdom, although the Bank of England -had imported, in less than four years, twenty millions sterling in -gold,--about one hundred millions of dollars, to recommence upon. -Its effects reached this country, crushed the cotton houses in New -Orleans, depressed the money market, and injured all business. - -The senators from New York and Virginia (Messrs. Tallmadge and -Rives) push this point of confidence a little further; they -address a question to me, and ask if I would lose confidence in -all steamboats, and have them all discarded, if one or two blew -up in the Mississippi? I answer the question in all frankness, -and say, that I should not. But if, instead of one or two in the -Mississippi, all the steamboats in the Union should blow up at -once--in every creek, river and bay--while all the passengers were -sleeping in confidence, and the pilots crying out all is well; if -the whole should blow up from one end of the Union to the other just -as fast as they could hear each other's explosions; then, indeed, -I should lose confidence in them, and never again trust wife, or -child, or my own foot, or any thing not intended for destruction, -on board such sympathetic and contagious engines of death. I -answer further, and tell the gentlemen, that if only one or two -banks had stopped last May in New York, I should not have lost all -confidence in the remaining nine hundred and ninety-nine; but when -the whole thousand stopped at once; tumbled down together--fell in -a lump--lie there--and when ONE of their number, by a sign with -the little finger, can make the whole lie still, then, indeed, -confidence is gone! And this is the case with the banks. They have -not only stopped altogether, but in a season of profound peace, -with eighty millions of specie in the country, and just after the -annual examinations by commissioners and legislative committees, and -when all was reported well. With eighty millions in the country, -they stop even for change! It did not take a national calamity--a -war--to stop them! They fell in time of peace and prosperity! We -read of people in the West Indies, and in South America, who rebuild -their cities on the same spot where earthquakes had overthrown -them; we are astonished at their fatuity; we wonder that they will -build again on the same perilous foundations. But these people -have a reason for their conduct; it is, that their cities are -only destroyed by earthquakes; it takes an earthquake to destroy -them; and when there is no earthquake, they are safe. But suppose -their cities fell down without any commotion in the earth, or the -air--fell in a season of perfect calm and serenity--and after that -the survivors should go to building again in the same place; would -not all the world say that they were demented, and were doomed to -destruction? So of the government of the United States by these -banks. If it continues to use them, and to receive their notes -for revenue, after what has happened, and in the face of what now -exists, it argues fatuity, and a doom to destruction. - -Resume when they will, or when they shall, and the longer it is -delayed the worse for themselves, the epoch of resumption is to be a -perilous crisis to many. This stopping and resuming by banks, is the -realization of the poetical description of the descent into hell, -and the return from it. _Facilis descensus Averni--sed revocare -gradum--hic opus, hic labor est._ Easy is the descent into the -regions below, but to return! this is work, this is labor indeed! -Our banks have made the descent; they have gone down with ease; but -to return--to ascend the rugged steps, and behold again the light -above how many will falter, and fall back into the gloomy regions -below. - -Banks of circulation are banks of hazard and of failure. It is an -incident of their nature. Those without circulation rarely fail. -That of Venice has stood seven hundred years; those of Hamburgh, -Amsterdam, and others, have stood for centuries. The Bank of -England, the great mother of banks of circulation, besides an -actual stoppage of a quarter of a century, has had her crisis and -convulsion in average periods of seven or eight years, for the last -half century--in 1783, '93, '97, 1814, '19, '25, '36--and has only -been saved from repeated failure by the powerful support of the -British government, and profuse supplies of exchequer bills. Her -numerous progeny of private and joint stock banks of circulation -have had the same convulsions; and not being supported by the -government, have sunk by hundreds at a time. All the banks of the -United States are banks of circulation; they are all subject to the -inherent dangers of that class of banks, and are, besides, subject -to new dangers peculiar to themselves. From the quantity of their -stock held by foreigners, the quantity of other stocks in their -hands, and the current foreign balance against the United States, -our paper system has become an appendage to that of England. As -such, it suffers from sympathy when the English system suffers. In -addition to this, a new doctrine is now broached--that our first -duty is to foreigners! and, upon this principle, when the banks of -the two countries are in peril, ours are to be sacrificed to save -those of England! - -The power of a few banks over the whole presents a new feature of -danger in our system. It consolidates the banks of the whole Union -into one mass, and subjects them to one fate, and that fate to be -decided by a few, without even the knowledge of the rest. An unknown -divan of bankers sends forth an edict which sweeps over the empire, -crosses the lines of States with the facility of a Turkish firman, -prostrating all State institutions, breaking up all engagements, -and levelling all law before it. This is consolidation of a kind -which the genius of Patrick Henry had not even conceived. But while -this firman is thus potent and irresistible for prostration, it -is impotent and powerless for resurrection. It goes out in vain, -bidding the prostrate banks to rise. A _veto_ power intervenes. -One voice is sufficient to keep all down; and thus we have seen -one word from Philadelphia annihilate the New York proposition for -resumption, and condemn the many solvent banks to the continuation -of a condition as mortifying to their feelings as it is injurious to -their future interests. - -Again, from the mode of doing business among our banks--using -each other's paper to bank upon, instead of holding each other to -weekly settlements, and liquidation of balances in specie, and -from the fatal practice of issuing notes at one place, payable at -another--our banks have all become links of one chain, the strength -of the whole being dependent on the strength of each. A few govern -all. Whether it is to fail, or to resume, the few govern; and not -only the few, but the weak. A few weak banks fail; a panic ensues, -and the rest shut up; many strong ones are ready to resume; the weak -are not ready, and the strong must wait. Thus the principles of -safety, and the rules of government, are reversed. The weak govern -the strong; the bad govern the good; and the insolvent govern the -solvent. This is our system, if system it can be called, which has -no feature of consistency, no principle of safety, and which is -nothing but the floating appendage of a foreign and overpowering -system. - -The federal government and its creditors have suffered great -pecuniary losses from the use of these banks and their paper; they -must continue to sustain such losses if they continue to use such -depositories and to receive such paper. The pecuniary losses have -been, now are, and must be hereafter great; but, great as they -have been, now are, and may be hereafter, all that loss is nothing -compared to the political dangers which flow from the same source. -These dangers affect the life of the government. They go to its -existence. They involve anarchy, confusion, violence, dissolution! -They go to deprive the government of support--of the means of -living; they strip it in an instant of every shilling of revenue, -and leave it penniless, helpless, lifeless. The late stoppage might -have broken up the government, had it not been for the fidelity -and affection of the people to their institutions and the eighty -millions of specie which General Jackson had accumulated in the -country. That stoppage presented a peculiar feature of peril which -has not been brought to the notice of the public; it was the -stoppage of the sums standing in the names of disbursing officers, -and wanted for daily payments in all the branches of the public -service.--These sums amounted to about five millions of dollars. -They had been drawn from the Treasury, they were no longer standing -to the credit of the United States; they had gone into the hands of -innumerable officers and agents, in all parts of the Union, and were -temporarily, and for mere safe-keeping from day to day, lodged with -these deposit banks, to be incessantly paid out to those who were -doing work and labor, performing contracts, or rendering service, -civil or military, to the country. These five millions were stopped -with the rest! In an instant, as if by enchantment, every disbursing -officer, in every part of the Union, was stripped of the money which -he was going to pay out! All officers of the government, high and -low, the whole army and navy, all the laborers and contractors, -post offices and all, were suddenly, instantaneously, left without -pay; and consequently without subsistence. It was tantamount to a -disbandment of the entire government. It was like a decree for the -dissolution of the body politic. It was celebrated as a victory--as -a conquest--as a triumph, over the government. The least that was -expected was an immediate civil revolution--the overthrow of the -democratic party, the change of administration, the reascension -of the federal party to power, and the re-establishment of the -condemned Bank of the United States. These consequences were counted -upon; and that they did not happen was solely owing to the eighty -millions of hard money which kept up a standard of value in the -country, and prevented the dishonored bank notes from sinking too -low to be used by the community. But it is not merely stoppage of -the banks that we have to fear: collisions with the States may -ensue. State legislatures may sanction the stoppage, withhold the -poor right of suing, and thus interpose their authority between the -federal government and its revenues. This has already happened, not -in hostility to the government, but in protection of themselves; -and the consequence was the same as if the intention had been -hostile. It was interposition between the federal government and -its depositories; it was deprivation of revenue; it was an act the -recurrence of which should be carefully guarded against in future. - -This is what we have seen; this is a danger which we have just -escaped; and if these banks shall be continued as depositories of -public money, or, which is just the same thing, if the government -shall continue to receive their "paper promises to pay," the same -danger may be seen again, and under far more critical circumstances. -A similar stoppage of the banks may take place again--will -inevitably take place again--and it may be when there is little -specie in the country, or when war prevails. All history is full of -examples of armies and navies revolting for want of pay; all history -is full of examples of military and naval operations miscarried -for want of money; all history is full of instances of governments -overturned from deficits of revenue and derangements of finances. -And are we to expose ourselves recklessly, and with our eyes open, -to such dangers? And are we to stake the life and death of this -government upon the hazards and contingencies of banking--and of -such banking as exists in these United States? Are we to subject -the existence of this government to the stoppages of the banks, -whether those stoppages result from misfortune, improvidence, or bad -faith? Are we to subject this great and glorious political fabric, -the work of so many wise and patriotic heads, to be demolished in -an instant, and by an unseen hand? Are we to suffer the machinery -and the working of our boasted constitution to be arrested by a -spring-catch, applied in the dark? Are men, with pens sticking -behind their ears, to be allowed to put an end to this republic? No, -sir! never. If we are to perish prematurely, let us at least have a -death worthy of a great nation; let us at least have a field covered -with the bodies of heroes and of patriots, and consecrated forever -to the memory of a subverted empire. Rome had her Pharsalia--Greece -her Chaeronca--and many barbarian kingdoms have given immortality to -the spot on which they expired; and shall this great republic be -subjected to extinction on the contingencies of trade and banking? - -But what excuse, what apology, what justification have we for -surrendering, abandoning, and losing the precise advantage for which -the present constitution was formed? What was that advantage--what -the leading and governing object, which led to the abandonment of -the old confederation, and induced the adoption of the present form -of government? It was revenue! independent revenue! a revenue under -the absolute control of this government, and free from the action -of the States. This was the motive--the leading and the governing -motive--which led to the formation of this government. The reason -was, that the old confederation, being dependent upon the States, -was often left without money. This state of being was incompatible -with its existence; it deprived it of all power; its imbecility was -a proverb. To extricate it from that condition was the design--and -the cardinal design--of the new constitution. An independent -revenue was given to it--independent, even, of the States. Is it -not suicidal to surrender that independence, and to surrender it, -not to States, but to money corporations? What does history record -of the penury and moneyed destitution of the old confederation, -comparable to the annihilation of the revenues of this government in -May last? when the banks shut down, in one night, upon a revenue, in -hand, of thirty-two millions; even upon that which was in the names -of disbursing officers, and refuse a nine-pence, or a picaillon in -money, from that day to this? What is there in the history of the -old confederation comparable to this? The old confederation was -often reduced low--often near empty-handed--but never saw itself -stripped in an instant, as if by enchantment, of tens of millions, -and heard the shout of triumph thundered over its head, and the -notes of exultation sung over its supposed destruction! Yet, this -is what we have seen--what we now see--from having surrendered -to corporations our moneyed independence, and unwisely abandoned -the precise advantage which led to the formation of this federal -government. - -I do not go into the moral view of this question. It is too obvious, -too impressive, too grave, to escape the observation of any one. -Demoralization follows in the train of an unconvertible paper -money. The whole community becomes exposed to a moral pestilence. -Every individual becomes the victim of some imposition; and, in -self-defence, imposes upon some one else. The weak, the ignorant, -the uninformed, the necessitous, are the sufferers; the crafty and -the opulent are the gainers. The evil augments until the moral sense -of the community, revolting at the frightful accumulation of fraud -and misery, applies the radical remedy of total reform. - -Thus, pecuniary, political, and moral considerations require the -government to retrace its steps, to return to first principles, -and to restore its fiscal action to the safe and solid path of the -constitution. Reform is demanded. It is called for by every public -and by every private consideration. Now is the time to make it. -The connection between Bank and State is actually dissolved. It -is dissolved by operation of law, and by the delinquency of these -institutions. They have forfeited the right to the deposits, and -lost the privilege of paying the revenue in their notes, by ceasing -to pay specie. The government is now going on without them, and -all that is wanting is the appropriate legislation to perpetuate -the divorce which, in point of fact, has already taken place. Now -is the time to act; this the moment to restore the constitutional -currency to the federal government; to restore the custody of the -public moneys to national keepers; and to avoid, in time to come, -the calamitous revulsions and perilous catastrophes of 1814, 1819, -and 1837. - -And what is the obstacle to the adoption of this course, so -imperiously demanded by the safety of the republic and the welfare -of the people, and so earnestly recommended to us by the chief -magistrate? What is the obstacle--what the power that countervails -the Executive recommendation, paralyzes the action of Congress, and -stays the march of reform? The banks--the banks--the banks, are -this obstacle, and this power. They set up the pretension to force -their paper into the federal Treasury, and to force themselves to -be constituted that Treasury. Though now bankrupt, their paper -dishonored, their doors closed against creditors, every public and -every private obligation violated, still they arrogate a supremacy -over this federal government; they demand the guardianship of the -public moneys, and the privilege of furnishing a federal currency; -and, though too weak to pay their debts, they are strong enough to -throttle this government, and to hold in doubtful suspense the issue -of their vast pretensions. - -The President, in his message, recommends four things: first, to -discontinue the reception of local bank paper in payment of federal -dues; secondly, to discontinue the same banks as depositories of -the public moneys; thirdly, to make the future collection and -disbursement of the public moneys in gold and silver; fourthly, to -take the keeping of the public moneys into the hands of our own -officers. - -What is there in this but a return to the words and meaning of the -constitution, and a conformity to the practice of the government in -the first years of President Washington's administration? When this -federal government was first formed, there was no Bank of the United -States, and no local banks, except three north of the Potomac. By -the act of 1789, the revenues were directed to be collected in gold -and silver coin only; and it was usually drawn out of the hands of -collectors by drafts drawn upon them, payable at sight. It was a -most effectual way of drawing money out of their hands; far more so -than an order to deposit in banks; for the drafts must be paid, or -protested, at sight, while the order to deposit may be eluded under -various pretexts. - -The right and the obligation of the government to keep its own -moneys in its own hands, results from first principles, and from -the great law of self-preservation. Every thing else that belongs -to her, she keeps herself; and why not keep that also, without -which every thing else is nothing? Arms and ships--provisions, -munitions, and supplies of every kind--are kept in the hands of -government officers; money is the sinew of war, and why leave this -sinew exposed to be cut by any careless or faithless hand? Money -is the support and existence of the government--the breath of its -nostrils, and why leave this support--this breath--to the custody of -those over whom we have no control? How absurd to place our ships, -our arms, our military and naval supplies in the hands of those who -could refuse to deliver them when requested, and put the government -to a suit at law to recover their possession! Every body sees the -absurdity of this; but to place our money in the same condition, -and, moreover, to subject it to the vicissitudes of trade and the -perils of banking, is still more absurd; for it is the life blood, -without which the government cannot live--the oil, without which no -part of its machinery can move. - -England, with all her banks, trusts none of them with the -collection, keeping, and disbursement of her public moneys. The Bank -of England is paid a specific sum to manage the public debt; but the -revenue is collected and disbursed through subordinate collectors -and receivers general; and these receivers general are not subject -to the bankrupt laws, because the government will not suffer its -revenue to be operated upon by any law except its own will. In -France, subordinate collectors and receivers general collect, keep, -and disburse the public moneys. If they deposit any thing in banks, -it is at their own risk. It is the same thing in England. A bank -deposit by an officer is at the risk of himself and his securities. -Too much of the perils and vicissitudes of banking is known in these -countries to permit the government ever to jeopard its revenues in -their keeping. All this is shown, fully and at large, in a public -document now on our tables. And who does not recognize in these -collectors and receivers general of France and England, the ancient -Roman officers of quaestors and proquaestors? These fiscal officers -of France and England are derivations from the Roman institutions; -and the same are found in all the modern kingdoms of Europe which -were formerly, like France and Britain, provinces of the Roman -empire. The measure before the Senate is to enable us to provide -for our future safety, by complying with our own constitution, and -conforming to the practice of all nations, great or small, ancient -or modern. - -Coming nearer home, and looking into our own early history, what -were the "continental treasurers" of the confederation, and the -"provincial treasurers and collectors," provided for as early as -July, 1775, but an imitation of the French and English systems, -and very near the plan which we propose now to re-establish! These -continental treasurers, and there were two of them at first, -though afterwards reduced to one, were the receivers general; the -provincial treasurers and collectors were their subordinates. -By these officers the public moneys were collected, kept, and -disbursed; for there were no banks then! and all government drafts -were drawn directly upon these officers. This simple plan worked -well during the Revolution, and afterwards, until the new government -was formed; and continued to work, with a mere change of names -and forms, during the first years of Washington's administration, -and until General Hamilton's bank machinery got into play. This -bill only proposes to re-establish, in substance, the system of the -Revolution, of the Congress of the confederation, and of the first -years of Washington's administration. - -The bill reported by the chairman of the Committee on Finance -[Mr. WRIGHT of New York] presents the details of the plan for -accomplishing this great result. That bill has been printed and -read. Its simplicity, economy, and efficiency strike the sense -of all who hear it, and annihilate without argument, the most -formidable arguments of expense and patronage, which had been -conceived against it. The present officers, the present mints, -and one or two more mints in the South, in the West, and in the -North, complete the plan. There will be no necessity to carry -masses of hard money from one quarter of the Union to another. -Government drafts will make the transfer without moving a dollar. -A government draft upon a national mint, will be the highest order -of bills of exchange. Money wanted by the government in one place, -will be exchanged, through merchants, for money in another place. -Thus it has been for thousands of years, and will for ever be. We -read in Cicero's letters that, when he was Governor of Cilicia, in -Asia Minor, he directed his _quaestor_ to deposit the tribute of -the province in Antioch, and exchange it for money in Rome with -merchants engaged in the Oriental trade, of which Antioch was one -of the emporiums. This is the natural course of things, and is too -obvious to require explanation, or to admit of comment. - -We are taunted with these treasury notes; it seems to be matter of -triumph that the government is reduced to the necessity of issuing -them; but with what justice? And how soon can any government that -wishes it, emerge from the wretchedness of depreciated paper, -and stand erect on the solid foundations of gold and silver? How -long will it take any respectable government, that so wills it, -to accomplish this great change? Our own history, at the close of -the Revolution, answers the question; and more recently, and more -strikingly, the history of France answers it also. I speak of the -French finances from 1800 to 1807; from the commencement of the -consulate to the peace of Tilsit. This wonderful period is replete -with instruction on the subject of finance and currency. The whole -period is full of instruction; but I can only seize two views--the -beginning and the end--and, for the sake of precision, will read -what I propose to present. I read from Bignon, author of the civil -and diplomatic history of France during the consulate and the first -years of the empire; written at the testamentary request of the -Emperor himself. - -After stating that the expenditures of the republic were six -hundred millions of francs--about one hundred and ten millions of -dollars--when Bonaparte became First Consul, the historian proceeds: - - "_At his arrival at power, a sum of 160,000 francs in money - [about $32,000] was all that the public chests contained. In the - impossibility of meeting the current service by the ordinary - receipts, the Directorial Government had resorted to ruinous - expedients, and had thrown into circulation bills of various - values, and which sunk upon the spot fifty to eighty per cent. A - part of the arrearages had been discharged in bills two-thirds - on credit, payable to the bearer, but which, in fact, the - treasury was not able to pay when due. The remaining third had - been inscribed in the great book, under the name of consolidated - third. For the payment of the forced requisitions to which they - had been obliged to have recourse, there had been issued bills - receivable in payment of the revenues. Finally, the government, - in order to satisfy the most imperious wants, gave orders upon - the receivers general, delivered in advance to contractors, - which they negotiated before they began to furnish the supplies - for which they were the payment._" - -This, resumed Mr. B., was the condition of the French finances -when Bonaparte became First Consul at the close of the year 1799. -The currency was in the same condition--no specie--a degraded -currency of assignats, ruinously depreciated, and issued as low as -ten sous. That great man immediately began to restore order to the -finances, and solidity to the currency. Happily a peace of three -years enabled him to complete the great work, before he was called -to celebrate the immortal campaigns ending at Austerlitz, Jena, and -Friedland. At the end of three years--before the rupture of the -peace of Amiens--the finances and the currency were restored to -order and to solidity; and, at the end of six years, when the vast -establishments, and the internal ameliorations of the imperial -government, had carried the annual expenses to eight hundred -millions of francs, about one hundred and sixty millions of dollars; -the same historian copying the words of the Minister of Finance, -thus speaks of the treasury, and the currency: - - "_The resources of the State have increased beyond its wants; - the public chests are full; all payments are made at the day - named; the orders upon the public treasury have become the most - approved bills of exchange. The finances are in the most happy - condition; France alone, among all the States of Europe, has no - paper money._" - -What a picture! how simply, how powerfully drawn! and what a change -in six years! Public chests full--payments made to the day--orders -on the treasury the best bills of exchange--France alone, of all -Europe, having no paper money; meaning no government paper money, -for there were bank notes of five hundred francs, and one thousand -francs. A government revenue of one hundred and sixty millions of -dollars was paid in gold and silver; a hard money currency, of five -hundred and fifty millions of dollars, saturated all parts of France -with specie, and made gold and silver the every day currency of -every man, woman and child, in the empire. These great results were -the work of six years, and were accomplished by the simple process -of gradually requiring hard money payments--gradually calling in the -assignats--increasing the branch mints to fourteen, and limiting the -Bank of France to an issue of large notes--five hundred francs and -upwards. This simple process produced these results, and thus stands -the French currency at this day; for the nation has had the wisdom -to leave untouched the financial system of Bonaparte. - -I have repeatedly given it as my opinion--many of my speeches -declare it--that the French currency is the best in the world. -It has hard money for the government; hard money for the common -dealings of the people; and large notes for large transactions. This -currency has enabled France to stand two invasions, the ravaging of -300,000 men, two changes of dynasty, and the payment of a _milliard_ -of contributions; and all without any commotion or revulsion in -trade. It has saved her from the revulsions which have afflicted -England and our America for so many years. It has saved her from -expansions, contractions, and ruinous fluctuations of price. It -has saved her, for near forty years, from a debate on currency. -It has saved her even from the knowledge of our sweet-scented -phrases: "sound currency--unsound currency; plethoric, dropsical, -inflated, bloated; the money market tight to-day--a little easier -this morning;" and all such verbiage, which the haberdashers' boys -repeat. It has saved France from even a discussion on currency; -while in England, and with us, it is banks! banks! banks!--morning, -noon, and night; breakfast, dinner, and supper; levant, and -couchant; sitting, or standing; at home, or abroad; steamboat, or -railroad car; in Congress, or out of Congress, it is all the same -thing: banks--banks--banks; currency--currency--currency; meaning, -all the while, paper money and shin-plasters; until our very brains -seem as if they would be converted into lampblack and rags. - -The bill before the Senate dispenses with the further use of banks -as depositories of the public moneys. In that it has my hearty -concurrence. Four times heretofore, and on four different occasions, -I have made propositions to accomplish a part of the same purpose. -_First_, in proposing an amendment to the deposit bill of 1836, -by which the mint, and the branch mints, were to be included in -the list of depositories; _secondly_, in proposing that the public -moneys here, at the seat of Government, should be kept and paid -out by the Treasurer; _thirdly_, by proposing that a preference, -in receiving the deposits, should be given to such banks as should -cease to be banks of circulation; _fourthly_, in opposing the -establishment of a bank agency in Missouri, and proposing that the -moneys there should be drawn direct from the hands of the receivers. -Three of these propositions are now included in the bill before the -Senate; and the whole object at which they partially aimed is fully -embraced. I am for the measure--fully, cordially, earnestly for it. - -Congress has a sacred duty to perform in reforming the finances, -and the currency; for the ruin of both has resulted from federal -legislation, and federal administration. The States at the formation -of the constitution, delivered a solid currency--I will not say -sound, for that word implies subject to unsoundness, to rottenness, -and to death--but they delivered a solid currency, one not liable -to disease, to this federal government. They started the new -government fair upon gold and silver. The first act of Congress -attested this great fact; for it made the revenues payable in gold -and silver coin only. Thus the States delivered a solid currency to -this government, and they reserved the same currency for themselves; -and they provided constitutional sanctions to guard both. The -thing to be saved, and the power to save it, was given to this -government by the States; and in the hands of this government it -became deteriorated. The first great error was General Hamilton's -construction of the act of 1789, by which he nullified that act, -and overturned the statute and the constitution together. The next -great error was the establishment of a national bank of circulation, -with authority to pay all the public dues in its own paper. This -confirmed the overthrow of the constitution, and of the statute of -1789; and it set the fatal example to the States to make banks, -and to receive their paper for public dues, as the United States -had done. This was the origin of the evil--this the origin of the -overthrow of the solid currency which the States had delivered to -the federal government. It was the Hamiltonian policy that did the -mischief; and the state of things in 1837, is the natural fruit -of that policy. It is time for us to quit it--to return to the -constitution and the statute of 1789, and to confine the federal -Treasury to the hard money which was intended for it. - -I repeat, this is a measure of reform, worthy to be called a -reformation. It goes back to a fundamental abuse, nearly coeval -with the foundation of the government. Two epochs have occurred -for the reformation of this abuse; one was lost, the other is now -in jeopardy. Mr. Madison's administration committed a great error -at the expiration of the charter of the first Bank of the United -States, in not reviving the currency of the constitution for the -federal Treasury, and especially the gold currency. That error threw -the Treasury back upon the local bank paper. This paper quickly -failed, and out of that failure grew the second United States -Bank. Those who put down the second United States Bank, warned -by the calamity, determined to avoid the error of Mr. Madison's -administration: they determined to increase the stock of specie, -and to revive the gold circulation, which had been dead for thirty -years. The accumulation of eighty millions in the brief space of -five years, fifteen millions of it in gold, attest the sincerity of -their design, and the facility of its execution. The country was -going on at the rate of an average increase of twelve millions of -specie per annum, when the general stoppages of the banks in May -last, the exportation of specie, and the imposition of irredeemable -paper upon the government and the people, seemed to announce the -total failure of the plan. But it was a seeming only. The impetus -given to the specie policy still prevails, and five millions are -added to the stock during the present fiscal year. So far, then, -as the counteraction of the government policy, and the suppression -of the constitutional currency, might have been expected to result -from that stoppage, the calculation seems to be in a fair way to be -disappointed. The spirit of the people, and our hundred millions of -exportable produce, are giving the victory to the glorious policy -of our late illustrious President. The other great consequences -expected to result from that stoppage, namely, the recharter of -the Bank of the United States, the change of administration, the -overthrow of the republican party, and the restoration of the -federal dynasty, all seem to be in the same fair way to total -miscarriage; but the objects are too dazzling to be abandoned by -the party interested, and the destruction of the finances and the -currency, is still the cherished road to success. The miscalled -Bank of the United States, the soul of the federal dynasty, and the -anchor of its hopes--believed by many to have been at the bottom -of the stoppages in May, and known by all to be at the head of -non-resumption--now displays her policy on this floor; it is to -compel the repetition of the error of Mr. Madison's administration! -Knowing that from the repetition of this error must come the -repetition of the catastrophes of 1814, 1819, and 1837; and out of -these catastrophes to extract a new clamor for the revivification of -herself. This is her line of conduct; and to this line, the conduct -of all her friends conforms. With one heart, one mind, one voice, -they labor to cut off gold and silver from the federal government, -and to impose paper upon it! they labor to deprive it of the keeping -of its own revenues, and to place them again where they have been so -often lost! This is the conduct of that bank and its friends. Let -us imitate their zeal, their unanimity, and their perseverance. The -amendment and the bill now before the Senate, embodies our policy. -Let us carry them, and the republic is safe. - -The extra session had been called to relieve the distress of the -federal treasury, and had done so by authorizing an issue of -treasury notes. That object being accomplished, and the great -measures for the divorce of Bank and State, and for the sole use of -gold and silver in federal payments, having been recommended, and -commenced, the session adjourned. - - - - -CHAPTER XVI. - -FIRST REGULAR SESSION UNDER MR. VAN BUREN'S ADMINISTRATION: HIS -MESSAGE. - - -A brief interval of two months only intervened between the -adjournment of the called session and the meeting of the regular -one; and the general state of the public affairs, both at home and -abroad, being essentially the same at both periods, left no new -or extraordinary measures for the President to recommend. With -foreign powers we were on good terms, the settlement of all our -long-standing complaints under General Jackson's administration -having left us free from the foreign controversies which gave -trouble; and on that head the message had little but what was -agreeable to communicate. Its topics were principally confined -to home affairs, and that part of these affairs which were -connected with the banks. That of the United States, as it still -called itself, gave a new species of disregard of moral and legal -obligation, and presented a new mode of depraving the currency -and endangering property and contracts, by continuing to issue -and to use the notes of the expired institution. Its currency was -still that of the defunct bank. It used the dead notes of that -institution, for which, of course, neither bank was liable. They -were called resurrection notes; and their use, besides the injury -to the currency and danger to property, was a high contempt and -defiance of the authority which had created it; and called for the -attention of the federal government. The President, therefore, thus -formally brought the procedure to the notice of Congress: - - "It was my hope that nothing would occur to make necessary, on - this occasion, any allusion to the late national bank. There - are circumstances, however, connected with the present state - of its affairs that bear so directly on the character of the - government and the welfare of the citizen, that I should not - feel myself excused in neglecting to notice them. The charter - which terminated its banking privileges on the 4th of March, - 1836, continued its corporate powers two years more, for the - sole purpose of closing its affairs, with authority 'to use the - corporate name, style, and capacity, for the purpose of suits - for a final settlement and liquidation of the affairs and acts - of the corporation, and for the sale and disposition of their - estate, real, personal and mixed, but for no other purpose - or in any other manner whatsoever.' Just before the banking - privileges ceased, its effects were transferred by the bank to a - new State institution then recently incorporated, in trust, for - the discharge of its debts and the settlement of its affairs. - With this trustee, by authority of Congress, an adjustment was - subsequently made of the large interest which the government - had in the stock of the institution. The manner in which a - trust unexpectedly created upon the act granting the charter, - and involving such great public interests, has been executed, - would, under any circumstances, be a fit subject of inquiry; but - much more does it deserve your attention, when it embraces the - redemption of obligations to which the authority and credit of - the United States have given value. The two years allowed are - now nearly at an end. It is well understood that the trustee - has not redeemed and cancelled the outstanding notes of the - bank, but has reissued, and is actually reissuing, since the 3d - of March, 1836, the notes which have been received by it to a - vast amount. According to its own official statement, so late - as the 1st of October last, nineteen months after the banking - privileges given by the charter had expired, it had under - its control uncancelled notes of the late Bank of the United - States to the amount of twenty-seven millions five hundred and - sixty-one thousand eight hundred and sixty-six dollars, of - which six millions one hundred and seventy-five thousand eight - hundred and sixty-one dollars were in actual circulation, one - million four hundred and sixty-eight thousand six hundred and - twenty-seven dollars at State bank agencies, and three millions - two thousand three hundred and ninety dollars _in transitu_; - thus showing that upwards of ten millions and a half of the - notes of the old bank were then still kept outstanding. The - impropriety of this procedure is obvious: it being the duty - of the trustee to cancel and not to put forth the notes of an - institution, whose concerns it had undertaken to wind up. If - the trustee has a right to reissue these notes now, I can see - no reason why it may not continue to do so after the expiration - of the two years. As no one could have anticipated a course - so extraordinary, the prohibitory clause of the charter above - quoted was not accompanied by any penalty or other special - provision for enforcing it; nor have we any general law for the - prevention of similar acts in future. - - "But it is not in this view of the subject alone that your - interposition is required. The United States, in settling with - the trustee for their stock, have withdrawn their funds from - their former direct ability to the creditors of the old bank, - yet notes of the institution continue to be sent forth in its - name, and apparently upon the authority of the United States. - The transactions connected with the employment of the bills - of the old bank are of vast extent; and should they result - unfortunately, the interests of individuals may be deeply - compromised. Without undertaking to decide how far, or in what - form, if any, the trustee could be made liable for notes which - contain no obligation on its part; or the old bank, for such - as are put in circulation after the expiration of its charter, - and without its authority; or the government for indemnity, - in case of loss, the question still presses itself upon your - consideration, whether it is consistent with duty and good - faith on the part of the government, to witness this proceeding - without a single effort to arrest it." - -On the subject of the public lands, and the most judicious mode -of disposing of them--a question of so much interest to the new -States--the message took the view of those who looked to the -domain less as a source of revenue than as a means of settling and -improving the country. He recommended graduated prices according to -the value of the different classes of lands in order to facilitate -their sale; and a prospective permanent pre-emption act to give -encouragement to settlers. On the first of these points he said: - - "Hitherto, after being offered at public sale, lands have been - disposed of at one uniform price, whatever difference there - might be in their intrinsic value. The leading considerations - urged in favor of the measure referred to, are, that in almost - all the land districts, and particularly in those in which the - lands have been long surveyed and exposed to sale, there are - still remaining numerous and large tracts of every gradation of - value, from the government price downwards; that these lands - will not be purchased at the government price, so long as better - can be conveniently obtained for the same amount; that there are - large tracts which even the improvements of the adjacent lands - will never raise to that price; and that the present uniform - price, combined with their irregular value, operates to prevent - a desirable compactness of settlement in the new States, and to - retard the full development of that wise policy on which our - land system is founded, to the injury not only of the several - States where the lands lie, but of the United States as a whole. - - "The remedy proposed has been a reduction of prices according - to the length of time the lands have been in market, without - reference to any other circumstances. The certainty that the - efflux of time would not always in such cases, and perhaps - not even generally, furnish a true criterion of value; and - the probability that persons residing in the vicinity, as the - period for the reduction of prices approached, would postpone - purchases they would otherwise make, for the purpose of availing - themselves of the lower price, with other considerations of a - similar character, have hitherto been successfully urged to - defeat the graduation upon time. May not all reasonable desires - upon this subject be satisfied without encountering any of - these objections? All will concede the abstract principle, that - the price of the public lands should be proportioned to their - relative value, so far as that can be accomplished without - departing from the rule, heretofore observed, requiring fixed - prices in cases of private entries. The difficulty of the - subject seems to lie in the mode of ascertaining what that value - is. Would not the safest plan be that which has been adopted by - many of the States as the basis of taxation; an actual valuation - of lands, and classification of them into different rates? Would - it not be practicable and expedient to cause the relative value - of the public lands in the old districts, which have been for a - certain length of time in market, to be appraised, and classed - into two or more rates below the present minimum price, by the - officers now employed in this branch of the public service, or - in any other mode deemed preferable, and to make those prices - permanent, if upon the coming in of the report they shall prove - satisfactory to Congress? Cannot all the objects of graduation - be accomplished in this way, and the objections which have - hitherto been urged against it avoided? It would seem to me - that such a step, with a restriction of the sales to limited - quantities, and for actual improvement, would be free from all - just exception." - -A permanent prospective pre-emption law was cogently recommended -as a measure just in itself to the settlers, and not injurious -to the public Treasury, as experience had shown that the auction -system--that of selling to the highest bidder above the prescribed -minimum price--had produced in its aggregate but a few cents on the -acre above the minimum price. On this point he said: - - "A large portion of our citizens have seated themselves on - the public lands, without authority, since the passage of the - last pre-emption law and now ask the enactment of another, - to enable them to retain the lands occupied, upon payment of - the minimum government price. They ask that which has been - repeatedly granted before. If the future may be judged of by the - past, little harm can be done to the interests of the Treasury - by yielding to their request. Upon a critical examination, it - is found that the lands sold at the public sales since the - introduction of cash payments in 1820, have produced, on an - average, the net revenue of only six cents an acre more than the - minimum government price. There is no reason to suppose that - future sales will be more productive. The government, therefore, - has no adequate pecuniary interest to induce it to drive these - people from the lands they occupy, for the purpose of selling - them to others." - -This wise recommendation has since been carried into effect, and -pre-emptive rights are now admitted in all cases where settlements -are made upon lands to which the Indian title shall have been -extinguished; and the graduation of the price of the public lands, -though a measure long delayed, yet prevailed in the end, and was -made as originally proposed, by reductions according to the length -of time the land had been offered at sale. Beginning at the minimum -price of $1 25 per acre, the reduction of price went down through -a descending scale, according to time, as low as 12-1/2 cents per -acre. But this was long after. - - - - -CHAPTER XVII. -PENNSYLVANIA BANK OF THE UNITED STATES. ITS USE OF THE DEFUNCT -NOTES OF THE EXPIRED INSTITUTION. - - -History gives many instances of armies refusing to be disbanded, -and remaining in arms in defiance of the authority which created -them; but the example of this bank presents, probably, the first -instance in which a great moneyed corporation refused to be -dissolved--refused to cease its operations after its legal existence -had expired;--and continued its corporate transactions as if in full -life. It has already been shown that its proviso charter, at the end -of a local railroad act, made no difference in its condition--that -it went on exactly as before. Its use of the defunct notes of -the expired institution was a further instance of this conduct, -transcending any thing conceived of, and presenting a case of danger -to the public, and defiance of government, which the President -had deemed it his duty to bring to the attention of Congress, and -ask a remedy for a proceeding so criminal. Congress acted on the -recommendation, and a bill was brought in to make the repetition of -the offence a high misdemeanor, and the officers and managers of the -institution personally and individually liable for its commission. -In support of this bill, Mr. Buchanan gave the fullest and clearest -account of this almost incredible misconduct. He said: - - "The charter of the late Bank of the United States expired, by - its own limitation, on the 3d of March, 1836. After that day, - it could issue no notes, discount no new paper, and exercise - none of the usual functions of a bank. For two years thereafter, - until the 3d of March, 1838, it was merely permitted to use its - corporate name and capacity 'for the purpose of suits for the - final settlement and liquidation of the affairs and accounts - of the corporation, and for the sale and disposition of their - estate, real, personal, and mixed; _but not for any other - purpose, or in any other manner, whatsoever_.' Congress had - granted the bank no power to make a voluntary assignment of its - property to any corporation or any individual. On the contrary, - the plain meaning of the charter was, that all the affairs of - the institution should be wound up by its own president and - directors. It received no authority to delegate this important - trust to others, and yet what has it done? On the second day - of March, 1836, one day before the charter had expired, this - very president and these directors assigned all the property - and effects of the old corporation to the Pennsylvania Bank of - the United States. On the same day, this latter bank accepted - the assignment, and agreed to 'pay, satisfy, and discharge all - debts, contracts, and engagements, owing, entered into, or - made by this [the old] bank, as the same shall become due and - payable, _and fulfil and execute all trusts and obligations - whatsoever arising from its transactions, or from any of them_, - so that every creditor or rightful claimant shall be fully - satisfied.' By its own agreement, it has thus expressly created - itself a trustee of the old bank. But this was not necessary to - confer upon it that character. By the bare act of accepting the - assignment, it became responsible, under the laws of the land, - for the performance of all the duties and trusts required by - the old charter. Under the circumstances, it cannot make the - slightest pretence of any want of notice. - - "Having assumed this responsibility, the duty of the new - bank was so plain that it could not have been mistaken. It - had a double character to sustain. Under the charter from - Pennsylvania, it became a new banking corporation; whilst, - under the assignment from the old bank, it became a trustee - to wind up the concerns of that institution under the Act of - Congress. These two characters were in their nature separate - and distinct, and never ought to have been blended. For each of - these purposes it ought to have kept a separate set of books. - Above all, as the privilege of circulating bank notes, and thus - creating a paper currency is that function of a bank which most - deeply and vitally affects the community, the new bank ought - to have cancelled or destroyed all the notes of the old bank - which it found in its possession on the 4th of March, 1836, and - ought to have redeemed the remainder at its counter, as they - were demanded by the holders, and then destroyed them. This - obligation no senator has attempted to doubt, or to deny. But - what was the course of the bank? It has grossly violated both - the old and the new charter. It at once declared independence - of both, and appropriated to itself all the notes of the old - bank,--not only those which were then still in circulation, but - those which had been redeemed before it accepted the assignment, - and were then lying dead in its vaults. I have now before me - the first monthly statement which was ever made by the Bank to - the Auditor-general of Pennsylvania. It is dated on the 2d of - April, 1836, and signed J. Cowperthwaite, acting cashier. In - this statement, the Bank charges itself with 'notes issued,' - $36,620,420 16; whilst, in its cash account, along with its - specie and the notes of State banks, it credits itself with - 'notes of the Bank of the United States and offices,' on hand, - $16,794,713 71. It thus seized these dead notes to the amount - of $16,794,713 71, and transformed them into cash; whilst - the difference between those on hand and those issued, equal - to $19,825,706 45, was the circulation which the new bank - boasted it had inherited from the old. It thus, in an instant, - appropriated to itself, and adopted as its own circulation, - all the notes and all the illegal branch drafts of the old - bank which were then in existence. Its boldness was equal to - its utter disregard of law. In this first return, it not only - proclaimed to the Legislature and people of Pennsylvania that - it had disregarded its trust as assignee of the old Bank, by - seizing upon the whole of the old circulation and converting it - to its own use, but that it had violated one of the fundamental - provisions of its new charter." - -Mr. Calhoun spoke chiefly to the question of the _right_ of Congress -to pass a bill of the tenor proposed. Several senators denied that -right others supported it--among them Mr. Wright, Mr. Grundy, Mr. -William H. Roane, Mr. John M. Niles, Mr. Clay, of Alabama, and Mr. -Calhoun. Some passages from the speech of the latter are here given. - - "He [Mr. Calhoun] held that the right proposed to be exercised - in this case rested on the general power of legislation - conferred on Congress, which embraces not only the power of - making, but that of repealing laws. It was, in fact, a portion - of the repealing power. No one could doubt the existence of the - right to do either, and that the right of repealing extends - as well to unconstitutional as constitutional laws. The case - as to the former was, in fact, stronger than the latter; for, - whether a constitutional law should be repealed or not, was a - question of expediency, which left us free to act according to - our discretion; while, in the case of an unconstitutional law, - it was a matter of obligation and duty, leaving no option; and - the more unconstitutional, the more imperious the obligation - and duty. Thus far, there could be no doubt nor diversity of - opinion. But there are many laws, the effects of which do not - cease with their repeal or expiration, and which require some - additional act on our part to arrest or undo them. Such, for - instance, is the one in question. The charter of the late bank - expired some time ago, but its notes are still in existence, - freely circulating from hand to hand, and reissued and banked - on by a bank chartered by the State of Pennsylvania, into whose - possession the notes of the old bank have passed. In a word, - our name and authority are used almost as freely for banking - purposes as they were before the expiration of the charter - of the late bank. Now, he held that the right of arresting - or undoing these after-effects rested on the same principle - as the right of repealing a law, and, like that, embraces - unconstitutional as well as constitutional acts, superadding, in - the case of the former, obligation and duty to right. We have an - illustration of the truth of this principle in the case of the - alien and sedition acts, which are now conceded on all sides to - have been unconstitutional. Like the act incorporating the late - bank, they expired by their own limitation; and, like it, also, - their effects continued after the period of their expiration. - Individuals had been tried, convicted, fined, and imprisoned - under them; but, so far was their unconstitutionality from being - regarded as an impediment to the right of arresting or undoing - these effects, that Mr. Jefferson felt himself compelled on that - very account to pardon those who had been fined and convicted - under their provisions, and we have at this session passed, on - the same ground, an act to refund the money paid by one of the - sufferers under them. The bill is limited to those only who - are the trustees, or agents for winding up the concerns of the - late bank, and it is those, and those only, who are subject to - the penalties of the bill for reissuing its notes. They are, - _pro tanto_, our officers, and, to that extent, subject to our - jurisdiction, and liable to have their acts controlled as far - as they relate to the trust or agency confided to them; just - as much so as receivers or collectors of the revenue would be. - No one can doubt that we could prohibit them from passing off - any description of paper currency that might come into their - hands in their official character. Nor is the right less clear - in reference to the persons who may be comprehended in this - bill. Whether Mr. Biddle or others connected with this bank - are, in fact, trustees, or agents, within the meaning of the - bill, is not a question for us to decide. They are not named, - nor referred to by description. The bill is very properly drawn - up in general terms, so as to comprehend all cases of the kind, - and would include the banks of the District, should Congress - refuse to re-charter them. It is left to the court and jury, - to whom it properly belongs, to decide, when a case comes up, - whether the party is, or is not, a trustee, or agent; and, of - course, whether he is, or is not, included in the provisions - of the bill. If he is, he will be subject to its penalties, - but not otherwise; and it cannot possibly affect the question - of the constitutionality of the bill, whether Mr. Biddle, and - others connected with him, are, or are not, comprehended in its - provisions, and subject to its penalties." - -The bill was severe in its enactments, prescribing both fine and -imprisonment for the repetition of the offence--the fine not to -exceed ten thousand dollars--the imprisonment not to be less than -one nor more than five years. It also gave a preventive remedy in -authorizing injunctions from the federal courts to prevent the -circulation of such defunct notes, and proceedings in chancery to -compel their surrender for cancellation. And to this "complexion" -had the arrogant institution come which so lately held itself to -be a _power_, and a great one, in the government--now borne on -the statute book as criminally liable for a high misdemeanor, -and giving its name to a new species of offence in the criminal -catalogue--_exhumer and resurrectionist of defunct notes_. And -thus ended the last question between the federal government and -this, once so powerful moneyed corporation; and certainly any one -who reads the history of that bank as faithfully shown in our -parliamentary history, and briefly exhibited in this historic View, -can ever wish to see another national bank established in our -country, or any future connection of any kind between the government -and the banks. The last struggle between it and the government -was now over--just seven years since that struggle began: but its -further conduct will extort a further notice from history. - - - - -CHAPTER XVIII. - -FLORIDA INDIAN WAR: ITS ORIGIN AND CONDUCT. - - -This was one of the most troublesome, expensive and unmanageable -Indian wars in which the United States had been engaged; and -from the length of time which it continued, the amount of money -it cost, and the difficulty of obtaining results, it became a -convenient handle of attack upon the administration; and in -which party spirit, in pursuit of its object, went the length of -injuring both individual and national character. It continued about -seven years--as long as the revolutionary war--cost some thirty -millions of money--and baffled the exertions of several generals; -recommenced when supposed to be finished; and was only finally -terminated by changing military campaigns into an armed occupation -by settlers. All the opposition presses and orators took hold of -it, and made its misfortunes the common theme of invective and -declamation. Its origin was charged to the oppressive conduct of -the administration--its protracted length to their imbecility--its -cost to their extravagance--its defeats to the want of foresight -and care. The Indians stood for an innocent and persecuted people. -Heroes and patriots were made of their chiefs. Our generals and -troops were decried; applause was lavished upon a handful of savages -who could thus defend their country; and corresponding censure upon -successive armies which could not conquer them. All this going -incessantly into the Congress debates and the party newspapers, -was injuring the administration at home, and the country abroad; -and, by dint of iteration and reiteration, stood a good chance to -become history, and to be handed down to posterity. At the same -time the war was one of flagrant and cruel aggression on the part -of these Indians. Their removal to the west of the Mississippi was -part of the plan for the general removal of all the Indians, and -every preparation was complete for their departure by their own -agreement, when it was interrupted by a horrible act. It was the -28th day of December, 1835, that the United States agent in Florida, -and several others, were suddenly massacred by a party under -Osceola, who had just been at the hospitable table with them: at the -same time the sutler and others were attacked as they sat at table: -same day two expresses were killed: and to crown these bloody deeds, -the same day witnessed the destruction of Major Dade's command of -112 men, on its march from Tampa Bay to Withlacootchee. All these -massacres were surprises, the result of concert, and executed as -such upon unsuspecting victims. The agent (Mr. Thompson), and some -friends were shot from the bushes while taking a walk near his -house: the sutler and his guests were shot at the dinner table: the -express riders were waylaid, and shot in the road: Major Dade's -command was attacked on the march, by an unseen foe, overpowered, -and killed nearly to the last man. All these deadly attacks took -place on the same day, and at points wide apart--showing that -the plot was as extensive as it was secret, and cruel as it was -treacherous; for not a soul was spared in either of the four -relentless attacks. - -It was two days after the event that an infantry soldier of Major -Dade's command, appeared at Fort King, on Tampa Bay, from which -it had marched six days before, and gave information of what had -happened. The command was on the march, in open pine woods, tall -grass all around, and a swamp on the left flank. The grass concealed -a treacherous ambuscade. The advanced guard had passed, and was -cut off. Both the advance and the main body were attacked at the -same moment, but divided from each other. A circle of fire enclosed -each--fire from an invisible foe. To stand, was to be shot down: to -advance was to charge upon concealed rifles. But it was the only -course--was bravely adopted--and many savages thus sprung from -their coverts, were killed. The officers, courageously exposing -themselves, were rapidly shot--Major Dade early in the action. At -the end of an hour successive charges had roused the savages from -the grass, (which seemed to be alive with their naked and painted -bodies, yelling and leaping,) and driven beyond the range of shot. -But the command was too much weakened for a further operation. The -wounded were too numerous to be carried along: too precious to be -left behind to be massacred. The battle ground was maintained, and -a small band had conquered respite from attack: but to advance or -retreat was equally impossible. The only resource was to build a -small pen of pine logs, cut from the forest, collect the wounded -and the survivors into it, as into a little fort, and repulse the -assailants as long as possible. This was done till near sunset--the -action having began at ten in the morning. By that time every -officer was dead but one, and he desperately wounded, and helpless -on the ground. Only two men remained without wounds, and they red -with the blood of others, spirted upon them, or stained in helping -the helpless. The little pen was filled with the dead and the dying. -The firing ceased. The expiring lieutenant told the survivors he -could do no more for them, and gave them leave to save themselves -as they could. They asked his advice. He gave it to them; and to -that advice we are indebted for the only report of that bloody day's -work. He advised them all to lay down among the dead--to remain -still--and take their chance of being considered dead. This advice -was followed. All became still, prostrate and motionless; and the -savages, slowly and cautiously approaching, were a long time before -they would venture within the ghastly pen, where danger might still -lurk under apparent death. A squad of about forty negroes--fugitives -from the Southern States, more savage than the savage--were the -first to enter. They came in with knives and hatchets, cutting -throats and splitting skulls wherever they saw a sign of life. To -make sure of skipping no one alive, all were pulled and handled, -punched and kicked; and a groan or movement, an opening of the eye, -or even the involuntary contraction of a muscle, was an invitation -to the knife and the tomahawk. Only four of the living were able -to subdue sensations, bodily and mental, and remain without sign -of feeling under this dreadful ordeal; and two of these received -stabs, or blows--as many of the dead did. Lying still until the -search was over, and darkness had come on, and the butchers were -gone, these four crept from among their dead comrades and undertook -to make their way back to Tampa Bay--separating into two parties for -greater safety. The one that came in first had a narrow escape. -Pursuing a path the next day, an Indian on horseback, and with a -rifle across the saddle bow, met them full in the way. To separate, -and take the chance of a divided pursuit, was the only hope for -either: and they struck off into opposite directions. The one to -the right was pursued; and very soon the sharp crack of a rifle -made known his fate to the one that had gone to the left. To him -it was a warning, that his comrade being despatched, his own turn -came next. It was open pine woods, and a running, or standing man, -visible at a distance. The Indian on horseback was already in view. -Escape by flight was impossible. Concealment in the grass, or among -the palmettos, was the only hope: and this was tried. The man laid -close: the Indian rode near him. He made circles around, eyeing the -ground far and near. Rising in his stirrups to get a wider view, -and seeing nothing, he turned the head of his horse and galloped -off--the poor soldier having been almost under the horse's feet. -This man, thus marvellously escaping, was the first to bring in the -sad report of the Dade defeat--followed soon after by two others -with its melancholy confirmation. And these were the only reports -ever received of that completest of defeats. No officer survived to -report a word. All were killed in their places--men and officers, -each in his place, no one breaking ranks or giving back: and when -afterwards the ground was examined, and events verified by signs, -the skeletons in their places, and the bullet holes in trees and -logs, and the little pen with its heaps of bones, showed that the -carnage had taken place exactly as described by the men. And this -was the slaughter of Major Dade and his command--of 108 out of -112: as treacherous, as barbarous, as perseveringly cruel as ever -was known. One single feature is some relief to the sadness of the -picture, and discriminates this defeat from most others suffered -at the hands of Indians. There were no prisoners put to death; for -no man surrendered. There were no fugitives slain in vain attempts -at flight; for no one fled. All stood, and fought, and fell in -their places, returning blow for blow while life lasted. It was the -death of soldiers, showing that steadiness in defeat which is above -courage in victory. - -And this was the origin of the Florida Indian war: and a more -treacherous, ferocious, and cold-blooded origin was never given to -any Indian war. Yet such is the perversity of party spirit that its -author--the savage Osceola--has been exalted into a hero-patriot; -our officers, disparaged and ridiculed; the administration loaded -with obloquy. And all this by our public men in Congress, as well -as by writers in the daily and periodical publications. The future -historian who should take these speeches and publications for their -guide, (and they are too numerous and emphatic to be overlooked,) -would write a history discreditable to our arms, and reproachful to -our justice. It would be a narrative of wickedness and imbecility -on our part--of patriotism and heroism on the part of the Indians: -those Indians whose very name (Seminole--wild,) define them as -the fugitives from all tribes, and made still worse than fugitive -Indians by a mixture with fugitive negroes, some of whom became -their chiefs. It was to obviate the danger of such a history as that -would be, that the author of this View delivered at the time, and in -the presence of all concerned, an historical speech on the Florida -Indian war, fortified by facts, and intended to stand for true; -and which has remained unimpeached. Extracts from that speech will -constitute the next chapter, to which this brief sketch will serve -as a preface and introduction. - - - - -CHAPTER XIX. - -FLORIDA INDIAN WAR: HISTORICAL SPEECH OF MR. BENTON - - -A senator from New Jersey [Mr. SOUTHARD] has brought forward an -accusation which must affect the character of the late and present -administrations at home, and the character of the country abroad; -and which, justice to these administrations, and to the country, -requires to be met and answered upon the spot. That senator has -expressly charged that a fraud was committed upon the Florida -Indians in the treaty negotiated with them for their removal to -the West; that the war which has ensued was the consequence of -this fraud; and that our government was responsible to the moral -sense of the community, and of the world, for all the blood that -has been shed, and for all the money that has been expended, in -the prosecution of this war. This is a heavy accusation. At home, -it attaches to the party in power, and is calculated to make them -odious; abroad, it attaches to the country, and is calculated to -blacken the national character. It is an accusation, without the -shadow of a foundation! and, both, as one of the party in power, -and as an American citizen, I feel myself impelled by an imperious -sense of duty to my friends, and to my country, to expose its -incorrectness at once, and to vindicate the government, and the -country, from an imputation as unfounded as it is odious. - -The senator from New Jersey first located this imputed fraud in the -Payne's Landing treaty, negotiated by General Gadsden, in Florida, -in the year 1832; and, after being tendered an issue on the fairness -and generosity of that treaty by the senator from Alabama [Mr. -CLAY], he transferred the charge to the Fort Gibson treaty, made -in Arkansas, in the year 1833, by Messrs. Stokes, Ellsworth and -Schermerhorn. This was a considerable change of locality, but no -change in the accusation itself; the two treaties being but one, -and the last being a literal performance of a stipulation contained -in the first. These are the facts; and, after stating the case, I -will prove it as stated. This is the statement: The Seminole Indians -in Florida being an emigrant band of the Creeks, and finding game -exhausted, subsistence difficult, and white settlements approaching, -concluded to follow the mother tribe, the Creeks, to the west of the -Mississippi, and to reunite with them. This was conditionally agreed -to be done at the Payne's Landing treaty; and in that treaty it was -stipulated that a deputation of Seminole chiefs, under the sanction -of the government of the United States, should proceed to the Creek -country beyond the Mississippi--there to ascertain first whether a -suitable country could be obtained for them there; and, secondly, -whether the Creeks would receive them back as a part of their -confederacy: and if the deputation should be satisfied on these two -points, then the conditional obligation to remove, contained in the -Payne's Landing treaty, to become binding and obligatory upon the -Seminole tribe. The deputation went: the two points were solved -in the affirmative the obligation to remove became absolute on -the part of the Indians; and the government of the United States -commenced preparations for effecting their easy, gradual, and -comfortable removal. - -The entire emigration was to be completed in three years, one-third -going annually, commencing in the year 1833, and to be finished in -the years 1834, and 1835. The deputation sent to the west of the -Mississippi, completed their agreement with the Creeks on the 28th -of March, 1833; they returned home immediately, and one-third of -the tribe was to remove that year. Every thing was got ready on the -part of the United States, both to transport the Indians to their -new homes, and to subsist them for a year after their arrival there. -But, instead of removing, the Indians began to invent excuses, and -to interpose delays, and to pass off the time without commencing -the emigration. The year 1833, in which one-third of the tribe were -to remove, passed off without any removal; the year 1834, in which -another third was to go, was passed off in the same manner; the year -1835, in which the emigration was to have been completed, passed -away, and the emigration was not begun. On the contrary, on the last -days of the last month of that year, while the United States was -still peaceably urging the removal, an accumulation of treacherous -and horrible assassinations and massacres were committed. The United -States agent, General Thompson, Lieutenant Smith, of the artillery, -and five others, were assassinated in sight of Fort King; two -expresses were murdered; and Major Dade's command was massacred. - -In their excuses and pretexts for not removing, the Indians never -thought of the reasons which have been supplied to them on this -floor. They never thought of alleging fraud. Their pretexts were -frivolous; as that it was a long distance, and that bad Indians -lived in that country, and that the old treaty of Fort Moultrie -allowed them twenty years to live in Florida. Their real motive was -the desire of blood and pillage on the part of many Indians, and -still more on the part of the five hundred runaway negroes mixed -up among them; and who believed that they could carry on their -system of robbery and murder with impunity, and that the swamps of -the country would for ever protect them against the pursuit of the -whites. - -This, Mr. President, is the plain and brief narrative of the causes -which led to the Seminole war; it is the brief historical view of -the case; and if I was speaking under ordinary circumstances, and -in reply to incidental remarks, I should content myself with this -narrative, and let the question go to the country upon the strength -and credit of this statement. But I do not speak under ordinary -circumstances; I am not replying to incidental and casual remarks. -I speak in answer to a formal accusation, preferred on this floor; -I speak to defend the late and present administrations from an -odious charge; and, in defending them, to vindicate the character -of our country from the accusation of the senator from New Jersey -[Mr. SOUTHARD], and to show that fraud has not been committed upon -these Indians, and that the guilt of a war, founded in fraud, is not -justly imputable to them. - -The Seminoles had stipulated that the agent, Major Phagan, and their -own interpreter, the negro Abraham, should accompany them; and this -was done. It so happened, also, that an extraordinary commission -of three members sent out by the United States to adjust Indian -difficulties generally, was then beyond the Mississippi; and these -commissioners were directed to join in the negotiations on the part -of the United States, and to give the sanction of our guarantee -to the agreements made between the Seminoles and the Creeks for -the reunion of the former to the parent tribe. This was done. Our -commissioners, Messrs. Stokes, Ellsworth, and Schermerhorn, became -party to a treaty with the Creek Indians for the reunion of the -Seminoles, made at Fort Gibson, the 14th of February, 1833. The -treaty contained this article: - - "ARTICLE IV. It is understood and agreed that the Seminole - Indians of Florida, whose removal to this country is provided - for by their treaty with the United States, dated May 9, 1832, - shall also have a permanent and comfortable home on the lands - hereby set apart as the country of the Creek nation; and they, - the Seminoles, will hereafter be considered as a constituent - part of the said nation, but are to be located on some part - of the Creek country by themselves, which location shall be - selected for them by the commissioners who have seen these - articles of agreement." - -This agreement with the Creeks settled one of the conditions on -which the removal of the Seminoles was to depend. We will now see -how the other condition was disposed of. - -In a treaty made at the same Fort Gibson, on the 28th of March, -1833, between the same three commissioners on the part of the United -States, and the seven delegated Seminole chiefs, after reciting the -two conditions precedent contained in the Payne's Landing treaty, -and reciting, also, the convention with the Creeks on the 14th of -February preceding, it is thus stipulated: - - "Now, therefore, the commissioners aforesaid, by virtue of the - power and authority vested in them by the treaty made with the - Creek Indians on the 14th of February, 1833, as above stated, - hereby designate and assign to the Seminole tribe of Indians, - for their separate future residence for ever, a tract of country - lying between the Canadian River and the south fork thereof, and - extending west to where a line running north and south between - the main Canadian and north branch will strike the forks of - Little River; provided said west line does not extend more than - twenty-five miles west from the mouth of said Little River. And - the undersigned Seminole chiefs, delegated as aforesaid, on - behalf of the nation, hereby declare themselves well satisfied - with the location provided for them by the commissioners, and - agree that their nation shall commence the removal to their new - home as soon as the government will make the arrangements for - their emigration satisfactory to the Seminole nation." - -This treaty is signed by the delegation, and by the commissioners -of the United States, and witnessed, among others, by the same -Major Phagan, agent, and Abraham, interpreter, whose presence was -stipulated for at Payne's Landing. - -Thus the two conditions on which the removal depended, were complied -with; they were both established in the affirmative. The Creeks, -under the solemn sanction and guarantee of the United States, agree -to receive back the Seminoles as a part of their confederacy, and -agree that they shall live adjoining them on lands designated for -their residence. The delegation declare themselves well satisfied -with the country assigned them, and agree that the removal should -commence as soon as the United States could make the necessary -arrangements for the removal of the people. - -This brings down the proof to the conclusion of all questions beyond -the Mississippi; it brings it down to the conclusion of the treaty -at Fort Gibson--that treaty in which the senator from New Jersey -[Mr. SOUTHARD] has located the charge of fraud, after withdrawing -the same charge from the Payne's Landing treaty. It brings us to the -end of the negotiations at the point selected for the charge; and -now how stands the accusation? How stands the charge of fraud? Is -there a shadow, an atom, a speck, of foundation on which to rest it? -No, sir: Nothing--nothing--nothing! Every thing was done that was -stipulated for; done by the persons who were to do it; and done in -the exact manner agreed upon. In fact, the nature of the things to -be done west of the Mississippi was such as not to admit of fraud. -Two things were to be done, one to be seen with the eyes, and the -other to be heard with the ears. The deputation was to see their new -country, and say whether they liked it. This was a question to their -own senses--to their own eyes--and was not susceptible of fraud. -They were to _hear_ whether the Creeks would receive them back as a -part of their confederacy; this was a question to their own _ears_, -and was also unsusceptible of fraud. Their own eyes could not -deceive them in looking at land; their own ears could not deceive -them in listening to their own language from the Creeks. No, sir: -there was no physical capacity, or moral means, for the perpetration -of fraud; and none has ever been pretended by the Indians from that -day to this. The Indians themselves have never thought of such a -thing. There is no assumption of a deceived party among them. It -is not a deceived party that is at war--a party deceived by the -delegation which went to the West--but that very delegation itself, -with the exception of Charley Emarthla, are the hostile leaders at -home! This is reducing the accusation to an absurdity. It is making -the delegation the dupes of their own eyes and of their own ears, -and then going to war with the United States, because their own eyes -deceived them in looking at land on the Canadian River, and their -own ears deceived them in listening to their own language from the -Creeks; and then charging these frauds upon the United States. All -this is absurd; and it is due to these absent savages to say that -they never committed any such absurdity--that they never placed -their objection to remove upon any plea of deception practised upon -them beyond the Mississippi, but on frivolous pretexts invented long -after the return of the delegation; which pretexts covered the real -grounds growing out of the influence of runaway slaves, and some -evilly disposed chiefs, and that thirst for blood and plunder, in -which they expected a long course of enjoyment and impunity in their -swamps, believed to be impenetrable to the whites. - -Thus, sir, it is clearly and fully proved that there was no fraud -practised upon these Indians; that they themselves never pretended -such a thing; and that the accusation is wholly a charge of recent -origin sprung up among ourselves. Having shown that there was no -fraud, this might be sufficient for the occasion, but having been -forced into the inquiry, it may be as well to complete it by showing -what were the causes of this war. To understand these causes, it -is necessary to recur to dates, to see the extreme moderation with -which the United States acted, the long time which they tolerated -the delays of the Indians, and the treachery and murder with which -their indulgence and forbearance was requited. The emigration was to -commence in 1833, and be completed in the years 1834 and 1835. The -last days of the last month of this last year had arrived, and the -emigration had not yet commenced. Wholly intent on their peaceable -removal, the administration had despatched a disbursing agent, -Lieutenant Harris of the army, to take charge of the expenditures -for the subsistence of these people. He arrived at Fort King on the -afternoon of the 28th of December, 1835; and as he entered the fort, -he became almost an eye-witness of a horrid scene which was the -subject of his first despatch to his government. He describes it in -these words: - - "I regret that it becomes my first duty after my arrival here - to be the narrator of a story, which it will be, I am sure, as - painful for you to hear, as it is for me, who was almost an eye - witness to the bloody deed, to relate to you. Our excellent - superintendent, General Wiley Thompson, has been most cruelly - murdered by a party of the hostile Indians, and with him - Lieutenant Constant Smith, of the 2d regiment of artillery, - Erastus Rogers, the suttler to the post, with his two clerks, - a Mr. Kitzler, and a boy called Robert. This occurred on the - afternoon of the 28th instant (December), between three and - four o'clock. On the day of the massacre, Lieutenant Smith had - dined with the General, and after dinner invited him to take a - short stroll with him. They had not proceeded more than three - hundred yards beyond the agency office, when they were fired - upon by a party of Indians, who rose from ambush in the hammock, - within sight of the fort, and on which the suttler's house - borders. The reports of the rifles fired, the war-whoop twice - repeated, and after a brief space, several other volleys more - remote, and in the quarter of Mr. Rogers's house, were heard, - and the smoke of the firing seen from the fort. Mr. Rogers and - his clerks were surprised at dinner. Three escaped: the rest - murdered. The bodies of General Thompson, Lieutenant Smith, and - Mr. Kitzler, were soon found and brought in. Those of the others - were not found until this morning. That of General Thompson - was perforated with fourteen bullets. Mr. Rogers had received - seventeen. All were scalped, except the boy. The cowardly - murderers are supposed to be a party of Micasookees, 40 or - 50 strong, under the traitor Powell (Osceola), whose shrill, - peculiar war-whoop, was recognized by our interpreters, and the - one or two friendly Indians we have in the fort, and who knew it - well. Two expresses (soldiers) were despatched upon fresh horses - on the evening of this horrid tragedy, with tidings of it to - General Clinch; but not hearing from him or them, we conclude - they were cut off. We are also exceedingly anxious for the fate - of the two companies (under Major Dade) which had been ordered - up from Fort Brooke, and of whom we learn nothing." - -Sir, this is the first letter of the disbursing agent, specially -detached to furnish the supplies to the emigrating Indians. He -arrives in the midst of treachery and murder; and his first letter -is to announce to the government the assassination of their agent, -an officer of artillery, and five citizens; the assassination of two -expresses, for they were both waylaid and murdered; and the massacre -of one hundred and twelve men and officers under Major Dade. All -this took place at once; and this was the beginning of the war. -Up to that moment the government of the United States were wholly -employed in preparing the Indians for removal, recommending them to -go, and using no force or violence upon them. This is the way the -war was brought on; this is the way it began; and was there ever a -case in which a government was so loudly called upon to avenge the -dead, to protect the living, and to cause itself to be respected -by punishing the contemners of its power? The murder of the agent -was a double offence, a peculiar outrage to the government whose -representative he was, and a violation even of the national law of -savages. Agents are seldom murdered even by savages; and bound -as every government is to protect all its citizens, it is doubly -bound to protect its agents and representatives abroad. Here, then, -is a government agent, and a military officer, five citizens, two -expresses, and a detachment of one hundred and twelve men, in all -one hundred and twenty-one persons, treacherously and inhumanly -massacred in one day! and because General Jackson's administration -did not submit to this horrid outrage, he is charged with the guilt -of a war founded in fraud upon innocent and unoffending Indians! -Such is the spirit of opposition to our own government! such the -love of Indians and contempt of whites! and such the mawkish -sentimentality of the day in which we live--a sentimentality which -goes moping and sorrowing about in behalf of imaginary wrongs to -Indians and negroes, while the whites themselves are the subject of -murder, robbery and defamation. - -The prime mover in all this mischief, and the leading agent in the -most atrocious scene of it, was a half-blooded Indian of little -note before this time, and of no consequence in the councils of -his tribe; for his name is not to be seen in the treaty either of -Payne's Landing or Fort Gibson. We call him Powell; by his tribe -he was called Osceola. He led the attack in the massacre of the -agent, and of those who were killed with him, in the afternoon of -the 28th of December. The disbursing agent, whose letter has been -read, in his account of that massacre, applies the epithet _traitor_ -to the name of this Powell. Well might he apply that epithet to -that assassin; for he had just been fed and caressed by the very -person whom he waylaid and murdered. He had come into the agency -shortly before that time with seventy of his followers, professed -his satisfaction with the treaty, his readiness to remove, and -received subsistence and supplies for himself and all his party. The -most friendly relations seemed to be established; and the doomed -and deceived agent, in giving his account of it to the government, -says: "The result was that we closed with the utmost good feeling; -and I have never seen Powell and the other chiefs so cheerful and in -so fine a humor, at the close of a discussion upon the subject of -removal." - -This is Powell (Osceola), for whom all our sympathies are so -pathetically invoked! a treacherous assassin, not only of our -people, but of his own--for he it was who waylaid, and shot in the -back, in the most cowardly manner, the brave chief Charley Emarthla, -whom he dared not face, and whom he thus assassinated because he -refused to join him and his runaway negroes in murdering the white -people. The collector of Indian curiosities and portraits, Mr. -Catlin, may be permitted to manufacture a hero out of this assassin, -and to make a poetical scene of his imprisonment on Sullivan's -island; but it will not do for an American senator to take the same -liberties with historical truth and our national character. Powell -ought to have been hung for the assassination of General Thompson; -and the only fault of our officers is, that they did not hang him -the moment they caught him. The fate of Arbuthnot and Ambrister was -due to him a thousand times over. - -I have now answered the accusation of the senator from New Jersey -[Mr. SOUTHARD]. I have shown the origin of this war. I have shown -that it originated in no fraud, no injustice, no violence, on the -part of this government, but in the thirst for blood and rapine on -the part of these Indians, and in their confident belief that their -swamps would be their protection against the pursuit of the whites; -and that, emerging from these fastnesses to commit robbery and -murder, and retiring to them to enjoy the fruits of their marauding -expeditions, they had before them a long perspective of impunity in -the enjoyment of their favorite occupation. This I have shown to be -the cause of the war; and having vindicated the administration and -the country from the injustice of the imputation cast upon them, I -proceed to answer some things said by a senator from South Carolina -[Mr. PRESTON], which tended to disparage the troops generally which -have been employed in Florida; to disparage a particular general -officer, and also to accuse that general officer of a particular and -specified offence. That senator has decried our troops in Florida -for the general inefficiency of their operations; he has decried -General Jesup for the general imbecility of his operations, and -he has charged this General with the violation of a flag, and the -commission of a perfidious act, in detaining and imprisoning the -Indian Powell, who came into his camp. - -I think there is great error and great injustice in all these -imputations, and that it is right for some senator on this floor -to answer them. My position, as chairman of the Committee on -Military Affairs, would seem to assign that duty to me, and it -may be the reason why others who have spoken have omitted all -reply on these points. Be that as it may, I feel impelled to say -something in behalf of those who are absent, and cannot speak for -themselves--those who must always feel the wound of unmerited -censure, and must feel it more keenly when the blow that inflicts -the wound falls from the elevated floor of the American Senate. So -far as the army, generally, is concerned in this censure, I might -leave them where they have been placed by the senator from South -Carolina [Mr. PRESTON], and others on that side of the House, if -I could limit myself to acting a political part here. The army, -as a body, is no friend of the political party to which I belong. -Individuals among them are friendly to the administration; but, as a -body, they go for the opposition, and would terminate our political -existence, if they could, and put our opponents in our place, at -the first general election that intervenes. Asa politician, then, -I might abandon them to the care of their political friends; but, -as an American, as a senator, and as having had some connection -with the military profession, I feel myself called upon to dissent -from the opinion which has been expressed, and to give my reasons -for believing that the army has not suffered, and ought not to -suffer, in character, by the events in Florida. True, our officers -and soldiers have not performed the same feats there which they -performed in Canada, and elsewhere. But why? Certainly because they -have not got the same, or an equivalent, theatre to act upon, nor an -enemy to cope with over whom brilliant victories can be obtained. -The peninsula of Florida, where this war rages, is sprinkled all -over with swamps, hammocks, and lagoons, believed for three hundred -years to be impervious to the white man's tread. The theatre of -war is of great extent, stretching over six parallels of latitude; -all of it in the sultry region below thirty-one degrees of north -latitude. The extremity of this peninsula approaches the tropic of -Capricorn; and at this moment, while we speak here, the soldier -under arms at mid-day there will cast no shadow: a vertical sun -darts its fiery rays direct upon the crown of his head. Suffocating -heat oppresses the frame; annoying insects sting the body; burning -sands, a spongy morass, and the sharp cutting saw grass, receive the -feet and legs; disease follows the summer's exertion; and a dense -foliage covers the foe. Eight months in the year military exertions -are impossible; during four months only can any thing be done. The -Indians well understand this; and, during these four months, either -give or receive an attack, as they please, or endeavor to consume -the season in wily parleys. The possibility of splendid military -exploits does not exist in such a country, and against such a foe: -but there is room there, and ample room there, for the exhibition -of the highest qualities of the soldier. There is room there for -patience, and for fortitude, under every variety of suffering, and -under every form of privation. There is room there for courage -and discipline to exhibit itself against perils and trials which -subject courage and discipline to the severest tests. And has there -been any failure of patience, fortitude, courage, discipline, and -subordination in all this war? Where is the instance in which the -men have revolted against their officers, or in which the officer -has deserted his men? Where is the instance of a flight in battle? -Where the instance of orders disobeyed, ranks broken, or confusion -of corps? On the contrary, we have constantly seen the steadiness, -and the discipline, of the parade maintained under every danger, and -in the presence of massacre itself. Officers and men have fought -it out where they were told to fight; they have been killed in the -tracks in which they were told to stand. None of those pitiable -scenes of which all our Indian wars have shown some--those harrowing -scenes in which the helpless prisoner, or the hapless fugitive, -is massacred without pity, and without resistance: none of these -have been seen. Many have perished; but it was the death of the -combatant in arms, and not of the captive or the fugitive. In no one -of our savage wars have our troops so stood together, and conquered -together, and died together, as they have done in this one; and -this standing together is the test of the soldier's character. -Steadiness, subordination, courage, discipline,--these are the -test of the soldier; and in no instance have our troops, or any -troops, ever evinced the possession of these qualities in a higher -degree than during the campaigns in Florida. While, then, brilliant -victories may not have been seen, and, in fact, were impossible, -yet the highest qualities of good soldiership have been eminently -displayed throughout this war. Courage and discipline have shown -themselves, throughout all its stages, in their noblest forms. - -From the general imputation of inefficiency in our operations in -Florida, the senator from South Carolina [Mr. PRESTON] comes to -a particular commander, and charges inefficiency specifically -upon him. This commander is General Jesup. The senator from South -Carolina has been lavish, and even profuse, in his denunciation -of that general, and has gone so far as to talk about military -courts of inquiry. Leaving the general open to all such inquiry, -and thoroughly convinced that the senator from South Carolina has -no idea of moving such inquiry, and intends to rest the effect of -his denunciation upon its delivery here, I shall proceed to answer -him here--giving speech for speech on this floor, and leaving the -general himself to reply when it comes to that threatened inquiry, -which I undertake to affirm will never be moved. - -General Jesup is charged with imbecility and inefficiency; the -continuance of the war is imputed to his incapacity; and he is -held up here, on the floor of the Senate, to public reprehension -for these imputed delinquencies. This is the accusation; and now -let us see with how much truth and justice it is made. Happily for -General Jesup, this happens to be a case in which we have data to -go upon, and in which there are authentic materials for comparing -the operations of himself with those of other generals--his -predecessors in the same field--with whose success the senator from -South Carolina is entirely satisfied. Dates and figures furnish -this data and these materials; and, after refreshing the memory of -the Senate with a few dates, I will proceed to the answers which -the facts of the case supply. The first date is, as to the time -of the commencement of this war; the second, as to the time that -General Jesup assumed the command; the third, as to the time when -he was relieved from the command. On the first point, it will be -recollected that the war broke out upon the assassination of General -Thompson, the agent, Lieutenant Smith, who was with him; the sutler -and his clerks; the murder of the two expresses; and the massacre -of Major Dade's command;--events which came together in point of -time, and compelled an immediate resort to war by the United States. -These assassinations, these murders, and this massacre, took place -on the 28th day of December, 1835. The commencement of the war, -then, dates from that day. The next point is, the time of General -Jesup's appointment to the command. This occurred in December, 1836. -The third point is, the date of General Jesup's relief from the -command, and this took place in May, of the present year, 1838. The -war has then continued--counting to the present time--two years and -a half; and of that period, General Jesup has had command something -less than one year and a half. Other generals had command for a year -before he was appointed in that quarter. Now, how much had those -other generals done? All put together, how much had they done? And -I ask this question not to disparage their meritorious exertions, -but to obtain data for the vindication of the officer now assailed. -The senator from South Carolina [Mr. PRESTON] is satisfied with -the operations of the previous commanders; now let him see how -the operations of the officer whom he assails will compare with -the operations of those who are honored with his approbation. The -comparison is brief and mathematical. It is a problem in the exact -sciences. General Jesup reduced the hostiles in the one year and a -half of his command, 2,200 souls: all his predecessors together had -reduced them 150 in one year. Where does censure rest now? - -Sir, I disparage nobody. I make no exhibit of comparative results -to undervalue the operations of the previous commanders in Florida. -I know the difficulty of military operations there, and the ease -of criticism here. I never assailed those previous commanders; on -the contrary, often pointed out the nature of the theatre on which -they operated as a cause for the miscarriage of expeditions, and -for the want of brilliant and decisive results. Now for the first -time I refer to the point, and, not to disparage others, but to -vindicate the officer assailed. His vindication is found in the -comparison of results between himself and his predecessors, and in -the approbation of the senator from South Carolina of the results -under the predecessors of General Jesup. Satisfied with _them_, he -must be satisfied with _him_; for the difference is as fifteen to -one in favor of the decried general. - -Besides the general denunciation for inefficiency, which the -senator from South Carolina has lavished upon General Jesup, and -which denunciation has so completely received its answer in this -comparative statement; besides this general denunciation, the -senator from South Carolina brought forward a specific accusation -against the honor of the same officer--an accusation of perfidy, and -of a violation of flag of truce, in the seizure and detention of the -Indian Osceola, who had come into his camp. On the part of General -Jesup, I repel this accusation, and declare his whole conduct in -relation to this Indian, to have been _justifiable_, under the laws -of civilized or savage warfare; that it was _expedient_ in point of -policy; and that if any blame could attach to the general, it would -be for the contrary of that with which he is blamed; it would be for -an excess of forbearance and indulgence. - -The justification of the general for the seizure and detention of -this half-breed Indian, is the first point; and that rests upon -several and distinct grounds, either of which fully justifies the -act. - -1. _This Osceola had broken his parole; and, therefore, was liable -to be seized and detained._ - -The facts were these: In the month of May, 1837, this chief, -with his followers, went into Fort Mellon, under the cover of a -white flag, and there surrendered to Lieutenant Colonel Harney. -He declared himself done with the war, and ready to emigrate -to the west of the Mississippi, and solicited subsistence and -transportation for himself and his people for that purpose. -Lieutenant Colonel Harney received him, supplied him with -provisions, and, relying upon his word and apparent sincerity, -instead of sending him under guard, took his parole to go to Tampa -Bay, the place at which he preferred to embark, to take shipping -there for the West. Supplied with every thing, Osceola and his -people left Fort Mellon, under the pledge to go to Tampa Bay. -He never went there! but returned to the hostiles; and it was -afterwards ascertained that he never had any idea of going West, -but merely wished to live well for a while at the expense of the -whites, examine their strength and position, and return to his work -of blood and pillage. After this, he had the audacity to approach -General Jesup's camp in October of the same year, with another -piece of white cloth over his head, thinking, after his successful -treacheries to the agent, General Thompson, and Lieut. Colonel -Harney, that there was no end to his tricks upon white people. -General Jesup ordered him to be seized and carried a prisoner to -Sullivan's Island, where he was treated with the greatest humanity, -and allowed every possible indulgence and gratification. This is one -of the reasons in justification of General Jesup's conduct to that -Indian, and it is sufficient of itself; but there are others, and -they shall be stated. - -2. _Osceola had violated an order in coming in, with a view to -return to the hostiles; and, therefore, was liable to be detained._ - -The facts were these: Many Indians, at different times, had come -in under the pretext of a determination to emigrate; and after -receiving supplies, and viewing the strength and position of the -troops, returned again to the hostiles, and carried on the war -with renewed vigor. This had been done repeatedly. It was making a -mockery of the white flag, and subjecting our officers to ridicule -as well as to danger. General Jesup resolved to put an end to -these treacherous and dangerous visits, by which spies and enemies -obtained access to the bosom of his camp. He made known to the -chief, Coi Hadjo, his determination to that effect. In August, 1837, -he declared peremptorily to this chief, for the information of all -the Indians, that none were to come in, except to remain, and to -emigrate; that no one coming into his camp again should be allowed -to go out of it, but should be considered as having surrendered with -a view to emigrate under the treaty, and should be detained for that -purpose. In October, Osceola came in, in violation of that order, -and was detained in compliance with it. This is a second reason for -the justification of General Jesup, and is of itself sufficient to -justify him; but there is more justification yet, and I will state -it. - -3. _Osceola, had broken a truce, and, therefore, was liable to be -detained whenever he could be taken._ - -The facts were these: The hostile chiefs entered into an agreement -for a truce at Fort King, in August, 1837, and agreed: 1. Not to -commit any act of hostility upon the whites; 2. Not to go east of -the St. John's river, or north of Fort Mellon. This truce was broken -by the Indians in both points. A citizen was killed by them, and -they passed both to the east of the St. John's and far north of Fort -Mellon. As violators of this truce, General Jesup had a right to -detain any of the hostiles which came into his hands, and Osceola -was one of these. - -Here, sir, are three grounds of justification, either of them -sufficient to justify the conduct of General Jesup towards Powell, -as the gentlemen call him. The first of the three reasons applies -personally and exclusively to that half-breed; the other two apply -to all the hostile Indians, and justify the seizure and detention of -others, who have been sent to the West. - -So much for justification; now for the expediency of having detained -this Indian Powell. I hold it was expedient to exercise the right -of detaining him, and prove this expediency by reasons both _a -priori_ and _a posteriori_. His previous treachery and crimes, and -his well known disposition for further treachery and crimes, made -it right for the officers of the United States to avail themselves -of the first justifiable occasion to put an end to his depredations -by confining his person until the war was over. This is a reason -_a priori_. The reason _a posteriori_ is, that it has turned out -right; it has operated well upon the mass of the Indians, between -eighteen and nineteen hundred of which, negroes inclusive, have -since surrendered to Gen. Jesup. This, sir, is a fact which contains -an argument which overturns all that can be said on this floor -against the detention of Osceola. The Indians themselves do not view -that act as perfidious or dishonorable, or the violation of a flag, -or even the act of an enemy. They do not condemn General Jesup on -account of it, but no doubt respect him the more for refusing to -be made the dupe of a treacherous artifice. A bit of white linen, -stripped, perhaps from the body of a murdered child, or its murdered -mother, was no longer to cover the insidious visits of spies and -enemies. A firm and manly course was taken, and the effect was good -upon the minds of the Indians. The number since surrendered is proof -of its effect upon their minds; and this proof should put to blush -the lamentations which are here set up for Powell, and the censure -thrown upon General Jesup. - -No, sir, no. General Jesup has been guilty of no perfidy, no -fraud, no violation of flags. He has done nothing to stain his own -character, or to dishonor the flag of the United States. If he -has erred, it has been on the side of humanity, generosity, and -forbearance to the Indians. If he has erred, as some suppose, in -losing time to parley with the Indians, that error has been on -the side of humanity, and of confidence in them. But has he erred? -Has his policy been erroneous? Has the country been a loser by his -policy? To all these questions, let results give the answer. Let the -twenty-two hundred Indians, abstracted from the hostile ranks by his -measures, be put in contrast with the two hundred, or less, killed -and taken by his predecessors. Let these results be compared; and -let this comparison answer the question whether, in point of fact, -there has been any error, even a mistake of judgment, in his mode of -conducting the war. - -The senator from South Carolina [Mr. PRESTON] complains of the -length of time which General Jesup has consumed without bringing -the war to a close. Here, again, the chapter of comparisons must be -resorted to in order to obtain the answer which justice requires. -How long, I pray you, was General Jesup in command? from December, -1836, to May, 1838; nominally he was near a year and a half in -command; in reality not one year, for the summer months admit of no -military operations in that peninsula. His predecessors commanded -from December, 1835, to December, 1836; a term wanting but a few -months of as long a period as the command of General Jesup lasted. -Sir, there is nothing in the length of time which this general -commanded, to furnish matter for disadvantageous comparisons to him; -but the contrary. He reduced the hostiles about one-half in a year -and a half; they reduced them about the one-twentieth in a year. -The whole number was about 5,000; General Jesup diminished their -number, during his command, 2,200; the other generals had reduced -them about 150. At the rate he proceeded, the work would be finished -in about three years; at the rate they proceeded, in about twenty -years. Yet he is to be censured here for the length of time consumed -without bringing the war to a close. He, and he alone, is selected -for censure. Sir, I dislike these comparisons; it is a disagreeable -task for me to make them; but I am driven to it, and mean no -disparagement to others. The violence with which General Jesup is -assailed here--the comparisons to which he has been subjected in -order to degrade him--leave me no alternative but to abandon a -meritorious officer to unmerited censure, or to defend him in the -same manner in which he has been assailed. - -The essential policy of General Jesup has been to induce the -Indians to come in--to surrender--and to emigrate under the treaty. -This has been his main, but not his exclusive, policy; military -operations have been combined with it; many skirmishes and actions -have been fought since he had command; and it is remarkable that -this general, who has been so much assailed on this floor, is the -only commander-in-chief in Florida who has been wounded in battle -at the head of his command. His person marked with the scars of -wounds received in Canada during the late war with Great Britain, -has also been struck by a bullet, in the face, in the peninsula of -Florida; yet these wounds--the services in the late war with Great -Britain--the removal of upwards of 16,000 Creek Indians from Alabama -and Georgia to the West, during the summer of 1836--and more than -twenty-five years of honorable employment in the public service--all -these combined, and an unsullied private character into the bargain, -have not been able to protect the feelings of this officer from -laceration on this floor. Have not been sufficient to protect his -feelings! for, as to his character, that is untouched. The base -accusation--the vague denunciation--the offensive epithets employed -here, may lacerate feelings, but they do not reach character; and -as to the military inquiry, which the senator from South Carolina -speaks of, I undertake to say that no such inquiry will ever take -place. Congress, or either branch of Congress, can order an inquiry -if it pleases; but before it orders an inquiry, _a probable cause -has to be shown for it_; and that probable cause never has been, and -never will be, shown in General Jesup's case. - -The senator from South Carolina speaks of the large force which -was committed to General Jesup, and the little that was effected -with that force. Is the senator aware of the extent of the country -over which his operations extended? that it extended from 31 to 25 -degrees of north latitude? that it began in the Okefenokee swamp in -Georgia, and stretched to the Everglades in Florida? that it was -near five hundred miles in length in a straight line, and the whole -sprinkled over with swamps, one of which alone was equal in length -to the distance between Washington City and Philadelphia? But it -was not extent of country alone, with its fastnesses, its climate, -and its wily foe, that had to be contended with; a new element -of opposition was encountered by General Jesup, in the poisonous -information which was conveyed to the Indians' minds, which -encouraged them to hold out, and of which he had not even knowledge -for a long time. This was the quantity of false information which -was conveyed to the Indians, to stimulate and encourage their -resistance. General Jesup took command just after the presidential -election of 1836. The Indians were informed of this change of -presidents, and were taught to believe that the white people had -_broke_ General Jackson--that was the phrase--had _broke_ General -Jackson for making war upon them. They were also informed that -General Jesup was carrying on the war without the leave of Congress; -that Congress would give no more money to raise soldiers to fight -them; and that he dared not come home to Congress. Yes, he dared not -come home to Congress! These poor Indians seem to have been informed -of intended movements against the general in Congress, and to have -relied upon them both to stop supplies and to punish the general. -Moreover, they were told, that, if they surrendered to emigrate, -they would receive the worst treatment on the way; that, if a child -cried, it would be thrown overboard; if a chief gave offence, he -would be put in irons. Who the immediate informants of all these -fine stories were, cannot be exactly ascertained. They doubtless -originated with that mass of fanatics, devoured by a morbid -sensibility for negroes and Indians, which are now _Don Quixoting_ -over the land, and filling the public ear with so many sympathetic -tales of their own fabrication. - -General Jesup has been censured for writing a letter disparaging -to his predecessor in command. If he did so, and I do not deny it, -though I have not seen the letter, nobly has he made the amends. -Publicly and officially has he made amends for a private and -unofficial wrong. In an official report to the war department, -published by that department, he said: - - "As an act of justice to all my predecessors in command, I - consider it my duty to say that the difficulties attending - military operations in this country, can be properly appreciated - only by those acquainted with them. I have advantages which - neither of them possessed, in better preparations and more - abundant supplies; and I found it impossible to operate with - any prospect of success, until I had established a line of - depots across the country. If I have at any time said aught in - disparagement of the operations of others in Florida, either - verbally or in writing, officially or unofficially, knowing the - country as I now know it, I consider myself bound as a man of - honor solemnly to retract it." - -Such are the amends which General Jesup makes--frank and -voluntary--full and kindly--worthy of a soldier towards brother -soldiers; and far more honorable to his predecessors in command than -the disparaging comparisons which have been instituted here to do -them honor at his expense. - -The expenses of this war is another head of attack pressed into this -debate, and directed more against the administration than against -the commanding general. It is said to have cost twenty millions of -dollars; but that is an error--an error of near one-half. An actual -return of all expenses up to February last, amounts to nine and a -half millions; the rest of the twenty millions go to the suppression -of hostilities in other places, and with other Indians, principally -in Georgia and Alabama, and with the Cherokees and Creeks. Sir, this -charge of expense seems to be a standing head with the opposition at -present. Every speech gives us a dish of it; and the expenditures -under General Jackson and Mr. Van Buren are constantly put in -contrast with those of previous administrations. Granted that these -expenditures are larger--that they are greatly increased; yet -what are they increased for? Are they increased for the personal -expenses of the officers of the government, or for great national -objects? The increase is for great objects; such as the extinction -of Indian titles in the States east of the Mississippi--the removal -of whole nations of Indians to the west of the Mississippi--their -subsistence for a year after they arrive there--actual wars with -some tribes--the fear of it with others, and the consequent -continual calls for militia and volunteers to preserve peace--large -expenditures for the permanent defences of the country, both by -land and water, with a pension list for ever increasing; and other -heads of expenditure which are for future national benefit; and not -for present individual enjoyment. Stripped of all these heads of -expenditure, and the expenses of the present administration have -nothing to fear from a comparison with other periods. Stated in the -gross, as is usually done, and many ignorant people are deceived -and imposed upon, and believe that there has been a great waste of -public money; pursued into the detail, and these expenditures will -be found to have been made for great national objects--objects which -no man would have undone, to get back the money, even if it was -possible to get back the money by undoing the objects. No one, for -example, would be willing to bring back the Creeks, the Cherokees, -the Choctaws, and Chickasaws into Alabama, Mississippi, Georgia, -Tennessee and North Carolina, even if the tens of millions which it -has cost to remove them could be got back by that means; and so of -the other expenditures: yet these eternal croakers about expense are -blaming the government for these expenditures. - -Sir, I have gone over the answers, which I proposed to make to the -accusations of the senators from New Jersey and South Carolina. I -have shown them to be totally mistaken in all their assumptions -and imputations. I have shown that there was no fraud upon the -Indians in the treaty at Fort Gibson--that the identical chiefs -who made that treaty have since been the hostile chiefs--that the -assassination and massacre of an agent, two government expresses, -an artillery officer, five citizens, and one hundred and twelve men -of Major Dade's command, caused the war--that our troops are not -subject to censure for inefficiency--that General Jesup has been -wrongfully denounced upon this floor--and that even the expense of -the Florida war, resting as it does in figures and in documents, has -been vastly overstated to produce effect upon the public mind. All -these things I have shown; and I conclude with saying that cost, -and time, and loss of men, are all out of the question; that, for -outrages so wanton and so horrible as those which occasioned this -war, the national honor requires the most ample amends; and the -national safety requires a future guarantee in prosecuting this war -to a successful close, and completely clearing the peninsula of -Florida of all the Indians that are upon it. - - - - -CHAPTER XX. - -RESUMPTION OF SPECIE PAYMENTS BY THE NEW YORK BANKS. - - -The suspension commenced on the 10th of May in New York, and was -followed throughout the country. In August the New York banks -proposed to all others to meet in convention, and agree upon a time -to commence a general resumption. That movement was frustrated by -the opposition of the Philadelphia banks, for the reason, as given, -that it was better to await the action of the extra session of -Congress, then convoked, and to meet in September. The extra session -adjourned early in October, and the New York banks, faithful to the -promised resumption of specie payments, immediately issued another -invitation for the general convention of the banks in that city on -the 27th of November ensuing, to carry into effect the object of -the meeting which had been invited in the month of August. The 27th -of November arrived; a large proportion of the delinquent banks had -accepted the invitation to send delegates to the convention: but -its meeting was again frustrated--and from the same quarter--the -Bank of the United States, and the institutions under its influence. -They then resolved to send a committee to Philadelphia to ascertain -from the banks when they would be ready, and to invite them to -name a day when they would be able to resume; and if no day was -definitely fixed, to inform them that the New York banks would -commence specie payments without waiting for their co-operation. The -Philadelphia banks would not co-operate. They would not agree to -any definite time to take even initiatory steps towards resumption. -This was a disappointment to the public mind--that large part of -it which still had faith in the Bank of the United States; and the -contradiction which it presented to all the previous professions -of that institution, required explanations, and, if possible, -reconciliation with past declarations. The occasion called for the -pen of Mr. Biddle, always ready, always confident, always presenting -an easy remedy, and a sure one, for all the diseases to which banks, -currency, and finance were heir. It called for another letter to -Mr. John Quincy Adams, that is to say, to the public, through the -distinction of that gentleman's name. It came--the most elaborate -and ingenious of its species; its burden, to prove the entire -ability of the bank over which he presided to pay in full, and -without reserve, but its intention not to do so on account of its -duty to others not able to follow its example, and which might be -entirely ruined by a premature effort to do so. And he concluded -with condensing his opinion into a sentence of characteristic and -sententious brevity: "_On the whole, the course which in my judgment -the banks ought to pursue, is simply this: The banks should remain -exactly as they are--prepared to resume, but not yet resuming._" But -he did not stop there, but in another publication went the length of -a direct threat of destruction against the New York banks if they -should, in conformity to their promise, venture to resume, saying: -"Let the banks of the Empire State come up from their Elba, and -enjoy their hundred days of resumption! a Waterloo awaits them, and -a Saint Helena is prepared for them."_ - -The banks of New York were now thrown upon the necessity of acting -without the concurrence of those of Pennsylvania, and in fact under -apprehension of opposition and counteraction from that quarter. They -were publicly pledged to act without her, and besides were under a -legal obligation to do so. The legislature of the State, at the time -of the suspension, only legalized it for one year. The indulgence -would be out on the 15th of May, and forfeiture of charter was the -penalty to be incurred throughout the State for continuing it beyond -that time. The city banks had the control of the movement, and they -invited a convention of delegates from all the banks in the Union to -meet in New York on the 15th of April. One hundred and forty-three -delegates, from the principal banks in a majority of the States, -attended. Only delegates from fifteen States voted--Pennsylvania, -Maryland and South Carolina among the absent; which, as including -the three principal commercial cities on the Atlantic board south of -New York, was a heavy defalcation from the weight of the convention. -Of the fifteen States, thirteen voted for resuming on the 1st day -of January, 1839--a delay of near nine months; two voted against -that day--New York and Mississippi; and (as it often happens in -concurring votes) for reasons directly opposite to each other. The -New York banks so voted because the day was too distant--those of -Mississippi because it was too near. The New York delegates wished -the 15th of May, to avoid the penalty of the State law: those of -Mississippi wished the 1st of January, 1840, to allow them to get in -two more cotton crops before the great pay-day came. The result of -the voting showed the still great power of the Bank of the United -States. The delegates of the banks of ten States, including those -with which she had most business, either refused to attend the -convention, or to vote after having attended. The rest chiefly voted -the late day, "_to favor the views of Philadelphia and Baltimore -rather than those of New York_." So said the delegates, "_frankly -avowing that their interests and sympathies were with the former two -rather than with the latter_." The banks of the State of New York -were then left to act alone--and did so. Simultaneously with the -issue of the convention recommendation to resume on the first day -of January, 1839, they issued another, recommending all the banks -of the State of New York to resume on the 10th day of May, 1838; -that is to say, within twenty-five days of that time. Those of the -city declared their determination to begin on that day, or earlier, -expressing their belief that they had nothing to fear but from the -opposition and "deliberate animosity of others"--meaning the Bank -of the United States. The New York banks all resumed at the day -named. Their example was immediately followed by others, even by the -institutions in those States whose delegates had voted for the long -day; so that within sixty days thereafter the resumption was almost -general, leaving the Bank of the United States uncovered, naked, -and prominent at the head of all the delinquent banks in the Union. -But her power was still great. Her stock stood at one hundred and -twelve dollars to the share, being a premium of twelve dollars on -the hundred. In Congress, which was still in session, not a tittle -was abated of her pretensions and her assurance--her demands for -a recharter--for the repeal of the specie circular--and for the -condemnation of the administration, as the author of the misfortunes -of the country; of which evils there were none except the bank -suspensions, of which she had been the secret prime contriver -and was now the detected promoter. Briefly before the New York -resumption, Mr. Webster the great advocate of the Bank of the United -States, and the truest exponent of her wishes, harangued the Senate -in a set speech in her favor, of which some extracts will show the -design and spirit: - - "And now, sir, we see the upshot of the experiment. We see - around us bankrupt corporations and broken promises; but we see - no promises more really and emphatically broken than all those - promises of the administration which gave us assurance of a - better currency. These promises, now broken, notoriously and - openly broken, if they cannot be performed, ought, at least, to - be acknowledged. The government ought not, in common fairness - and common honesty, to deny its own responsibility, seek to - escape from the demands of the people, and to hide itself, - out of the way and beyond the reach of the process of public - opinion, by retreating into this sub-treasury system. Let it, at - least, come forth; let it bear a port of honesty and candor; let - it confess its promises, if it cannot perform them; and, above - all, now, even now, at this late hour, let it renounce schemes - and projects, the inventions of presumption, and the resorts - of desperation, and let it address itself, in all good faith, - to the great work of restoring the currency by approved and - constitutional means. - - "What say these millions of souls to the sub-treasury? In - the first place, what says the city of New York, that great - commercial emporium, worthy the gentleman's [Mr. Wright] - commendation in 1834, and worthy of his commendation and - my commendation, and all commendation, at all times? What - sentiments, what opinions, what feelings, are proclaimed - by the thousands of merchants, traders, manufacturers, and - laborers? What is the united shout of all the voices of all her - classes? What is it but that you will put down this new-fangled - sub-treasury system, alike alien to their interests and their - feelings, at once, and for ever? What is it, but that in mercy - to the mercantile interest, the trading interest, the shipping - interest, the manufacturing interest, the laboring class, and - all classes, you will give up useless and pernicious political - schemes and projects, and return to the plain, straight course - of wise and wholesome legislation? The sentiments of the city - cannot be misunderstood. A thousand pens and ten thousand - tongues, and a spirited press, make them all known. If we have - not already heard enough, we shall hear more. Embarrassed, - vexed, pressed and distressed, as are her citizens at this - moment, yet their resolution is not shaken, their spirit is not - broken; and, depend upon it, they will not see their commerce, - their business, their prosperity and their happiness, all - sacrificed to preposterous schemes and political empiricism, - without another, and a yet more vigorous struggle. - - "Sir, I think there is a revolution in public opinion now going - on, whatever may be the opinion of the member from New York, or - others. I think the fall elections prove this, and that other - more recent events confirm it. I think it is a revolt against - the absolute dictation of party, a revolt against coercion on - the public judgment; and, especially, against the adoption of - new mischievous expedients on questions of deep public interest; - a revolt against the rash and unbridled spirit of change; a - revolution, in short, against further revolution. I hope, most - sincerely, that this revolution may go on; not, sir, for the - sake of men, but for the sake of measures, and for the sake of - the country. I wish it to proceed, till the whole country, with - an imperative unity of voice, shall call back Congress to the - true policy of the government. - - "I verily believe a majority of the people of the United - States are now of the opinion that a national bank, properly - constituted, limited, and guarded, is both constitutional and - expedient, and ought now to be established. So far as I can - learn, three-fourths of the western people are for it. Their - representatives here can form a better judgment; but such is my - opinion upon the best information which I can obtain. The South - may be more divided, or may be against a national institution; - but, looking again to the centre, the North and the East, and - comprehending the whole in one view, I believe the prevalent - sentiment is such as I have stated. - - "At the last session great pains were taken to obtain a vote of - this and the other House against a bank, for the obvious purpose - of placing such an institution out of the list of remedies, and - so reconciling the people to the sub-treasury scheme. Well, sir, - and did those votes produce any effect? None at all. The people - did not, and do not, care a rush for them. I never have seen, - or heard, a single man, who paid the slightest respect to those - votes of ours. The honorable member, to-day, opposed as he is - to a bank, has not even alluded to them. So entirely vain is - it, sir, in this country, to attempt to forestall, commit, or - coerce the public judgment. All those resolutions fell perfectly - dead on the tables of the two Houses. We may resolve what we - please, and resolve it when we please; but if the people do not - like it, at their own good pleasure they will rescind it; and - they are not likely to continue their approbation long to any - system of measures, however plausible, which terminates in deep - disappointment of all their hopes, for their own prosperity." - -All the friends of the Bank of the United States came to her -assistance in this last trial. The two halls of Congress resounded -with her eulogium, and with condemnation of the measures of the -administration. It was a last effort to save her, and to force her -upon the federal government. Multitudes of speakers on one side -brought out numbers on the other--among those on the side of the -sub-treasury and hard money, and against the whole paper system, of -which he considered a national bank the citadel, was the writer of -this View, who undertook to collect into a speech, from history and -experience, the facts and reasons which would bear upon the contest, -and act upon the judgment of candid men, and show the country to be -independent of banks, if it would only will it. Some extracts from -that speech make the next chapter. - - - - -CHAPTER XXI. - -RESUMPTION OF SPECIE PAYMENTS: HISTORICAL NOTICES: MR. BENTON'S -SPEECH: EXTRACTS. - - -There are two of those periods, each marking the termination of -a national bank charter, and each presenting us with the actual -results of the operations of those institutions upon the general -currency, and each replete with lessons of instruction applicable to -the present day, and to the present state of things. The first of -these periods is the year 1811, when the first national bank had run -its career of twenty years, and was permitted by Congress to expire -upon its own limitation. I take for my guide the estimate of Mr. -Lloyd, then a senator in Congress from the State of Massachusetts, -whose dignity of character and amenity of manners is so pleasingly -remembered by those who served with him here, and whose intelligence -and accuracy entitle his statements to the highest degree of credit. -That eminent senator estimated the total currency of the country, -at the expiration of the charter of the first national bank, at -sixty millions of dollars, to wit: ten millions of specie, and fifty -millions in bank notes. Now compare the two quantities, and mark the -results. Our population has precisely doubled itself since 1811. The -increase of our currency should, therefore, upon the same principle -of increase, be the double of what it then was; yet it is three -times as great as it then was! The next period which challenges -our attention is the veto session of 1832, when the second Bank -of the United States, according to the opinion of its eulogists, -had carried the currency to the ultimate point of perfection. What -was the amount then? According to the estimate of a senator from -Massachusetts, then and now a member of this body [Mr. WEBSTER], -then a member of the Finance Committee, and with every access to the -best information, the whole amount of currency was then estimated -at about one hundred millions; to wit: twenty millions in specie, -and seventy-five to eighty millions in bank notes. The increase of -our population since that time is estimated at twenty per cent.; -so that the increase of our currency, upon the basis of increased -population, should also be twenty per cent. This would give an -increase of twenty millions of dollars, making, in the whole, one -hundred and twenty millions. Thus, our currency in actual existence, -is nearly one-third more than either the ratio of 1811 or of 1832 -would give. Thus, we have actually about fifty millions more, -in this season of ruin and destitution, than we should have, if -supplied only in the ratio of what we possessed at the two periods -of what is celebrated as the best condition of the currency, and -most prosperous condition of the country. So much for quantity; now -for the solidity of the currency at these respective periods. How -stands the question of solidity? Sir, it stands thus: in 1811, five -paper dollars to one of silver; in 1822, four to one; in 1838, one -to one, as near as can be! Thus, the comparative solidity of the -currency is infinitely preferable to what it ever was before; for -the increase, under the sagacious policy of General Jackson, has -taken place precisely where it was needed--at the bottom, and not -at the top; at the foundation, and not in the roof; at the base, -and not at the apex. Our paper currency has increased but little; -we may say nothing, upon the bases of 1811 and 1832; our specie has -increased immeasurably; no less than eight-fold, since 1811, and -four-fold since 1832. The whole increase is specie; and of that we -have seventy millions more than in 1811, and sixty millions more -than in 1832. Such are the fruits of General Jackson's policy! a -policy which we only have to persevere in for a few years, to have -our country as amply supplied with gold and silver as France and -Holland are; that France and Holland in which gold is borrowed at -three per cent. per annum, while we often borrow paper money at -three per cent. a month. - -But there is no specie. Not a ninepence to be got for a servant; not -a picayune for a beggar; not a ten cent piece for the post-office. -Such is the assertion; but how far is it true? Go to the banks, and -present their notes at their counter, and it is all too true. No -gold, no silver, no copper to be had there in redemption of their -solemn promises to pay. Metaphorically, if not literally speaking, -a demand for specie at the counter of a bank might bring to the -unfortunate applicant more kicks than coppers. But change the -direction of the demand; go to the brokers; present the bank note -there; no sooner said than done; gold and silver spring forth in any -quantity; the notes are cashed; you are thanked for your custom, -invited to return again; and thus, the counter of the broker, and -not the counter of the bank, becomes the place for the redemption -of the notes of the bank. The only part of the transaction that -remains to be told, is the per centum which is shaved off! And, -whoever will submit to that shaving, can have all the bank notes -cashed which he can carry to them. Yes, Mr. President, the brokers, -and not the bankers, now redeem the bank notes. There is no dearth -of specie for that purpose. They have enough to cash all the notes -of the banks, and all the treasury notes of the government into the -bargain. Look at their placards! not a village, not a city, not a -town in the Union, in which the sign-boards do not salute the eye of -the passenger, inviting him to come in and exchange his bank notes, -and treasury notes, for gold and silver. And why cannot the banks -redeem, as well as the brokers? Why can they not redeem their own -notes? Because a _veto_ has issued from the city of Philadelphia, -and because a political revolution is to be effected by injuring the -country, and then charging the injury upon the folly and wickedness -of the republican administrations. This is the reason, and the sole -reason. The Bank of the United States, its affiliated institutions, -and its political confederates, are the sole obstacles to the -resumption of specie payments. They alone prevent the resumption. It -is they who are now in terror lest the resumption shall begin and -to prevent it, we hear the real shout, and feel the real application -of the rallying cry, so pathetically uttered on this floor by the -senator from Massachusetts [Mr. WEBSTER]--_once more to the breach, -dear friends, once more!_ - -Yes, Mr. President, the cause of the non-resumption of specie -payments is now plain and undeniable. It is as plain as the sun -at high noon, in a clear sky. No two opinions can differ about -it, how much tongues may differ. The cause of not resuming is -known, and the cause of suspension will soon be known likewise. -Gentlemen of the opposition charge the suspension upon the folly, -the wickedness, the insanity, the misrule, and misgovernment of the -outlandish administration, as they classically call it; expressions -which apply to the people who created the administration which have -been so much vilified, and who have sanctioned their policy by -repeated elections. The opposition charge the suspension to them--to -their policy--to their acts--to the veto of 1832--the removal of -the deposits of 1833--the Treasury order of 1836--and the demand -for specie for the federal Treasury. This is the charge of the -politicians, and of all who follow the lead, and obey the impulsion -of the denationalized Bank of the United States. But what say others -whose voice should be potential, and even omnipotent, on this -question? What say the New York city banks, where the suspension -began, and whose example was alleged for the sole cause of -suspension by all the rest? What say these banks, whose position is -at the fountain-head of knowledge, and whose answer for themselves -is an answer for all. What say they? Listen, and you shall hear! for -I hold in my hand a report of a committee of these banks, made under -an official injunction, by their highest officers, and deliberately -approved by all the city institutions. It is signed by Messrs. -Albert Gallatin, George Newbold, C. C. Lawrence, C. Heyer, J. J. -Palmer, Preserved Fish, and G. A. Worth,--seven gentlemen of known -and established character; and not more than one out of the seven -politically friendly to the late and present administrations of the -federal government. This is their report: - - "The immediate causes which thus compelled the banks of the - city of New York to suspend specie payments on the 10th of May - last, are well known. The simultaneous withdrawing of the large - public deposits, and of excessive foreign credits, combined with - the great and unexpected fall in the price of the principal - article of our exports, with an import of corn and bread stuffs, - such as had never before occurred, and with the consequent - inability of the country, particularly in the south-western - States, to make the usual and expected remittances, did, at one - and the same time, fall principally and necessarily, on the - greatest commercial emporium of the Union. After a long and most - arduous struggle, during which the banks, though not altogether - unsuccessfully, resisting the imperative foreign demand for the - precious metals, were gradually deprived of a great portion of - their specie; some unfortunate incidents of a _local_ nature, - operating in concert with other previous exciting causes, - produced distrust and panic, and finally one of those general - runs, which, if continued, no banks that issue paper money, - payable on demand, can ever resist; and which soon put it out of - the power of those of this city to sustain specie payments. The - example was followed by the banks throughout the whole country, - with as much _rapidity_ as the news of the suspension in New - York reached them, without waiting for an _actual run_; and - principally, if not exclusively, on the alleged grounds of the - effects to be apprehended from that suspension. Thus, whilst the - New York city banks were almost _drained_ of their specie, those - in other places preserved the _amount_ which they held before - the final catastrophe." - -These are the reasons! and what becomes now of the Philadelphia -cry, re-echoed by politicians and subaltern banks, against the -ruinous measures of the administration? Not a measure of the -administration mentioned! not one alluded to! Not a word about the -Treasury order; not a word about the veto of the National Bank -charter; not a word about the removal of the deposits from the -Bank of the United States; not a word about, the specie policy of -the administration! Not one word about any act of the government, -except that distribution act, disguised as a deposit law, which -was a measure of Congress, and not of the administration, and the -work of the opponents, and not the friends of the administration, -and which encountered its only opposition in the ranks of those -friends. I opposed it, with some half dozen others; and among my -grounds of opposition, one was, that it would endanger the deposit -banks, especially the New York city deposit banks,--that it would -reduce them to the alternative of choosing between breaking their -customers, and being broken themselves. This was the origin of -that act--the work of the opposition on this floor; and now we -find that very act to be the cause which is put at the head of all -the causes which led to the suspension of specie payments. Thus, -the administration is absolved. Truth has performed its office. A -false accusation is rebuked and silenced. Censure falls where it is -due; and the authors of the mischief stand exposed in the double -malefaction of having done the mischief, and then charged it upon -the heads of the innocent. - -But, gentlemen of the opposition say, there can be no resumption -until Congress "_acts upon the currency_." Until Congress acts upon -the currency! that is the phrase! and it comes from Philadelphia; -and the translation of it is, that there shall be no resumption -until Congress submits to Mr. Biddle's bank, and recharters that -institution. This is the language from Philadelphia, and the meaning -of the language; but, happily, a different voice issues from the -city of New York! The authentic notification is issued from the -banks of that city, pledging themselves to resume by the 10th day -of May. They declare their ability to resume, and to continue -specie payments; and declare they have nothing to fear, except from -"_deliberate hostility_"--an hostility for which they allege there -can be no motive--but of which they delicately intimate there is -danger. Philadelphia is distinctly unveiled as the seat of this -danger. The resuming banks fear hostility--deliberate acts of -hostility--from that quarter. They fear nothing from the hostility, -or folly, or wickedness of this administration. They fear nothing -from the Sub-Treasury bill. They fear Mr. Biddle's bank, and nothing -else but his bank, with its confederates and subalterns. They mean -to resume, and Mr. Biddle means that they shall not. Henceforth two -flags will be seen, hoisted from two great cities. The New York flag -will have the word resumption inscribed upon it; the Philadelphia -flag will bear the inscription of non-resumption, and destruction to -all resuming banks. - -I have carefully observed the conduct of the leading banks in the -United States. The New York banks, and the principal deposit banks, -had a cause for stopping which no others can plead, or did plead. -I announced that cause, not once, but many times, on this floor; -not only during the passage of the distribution law, but during the -discussion of those famous land bills, which passed this chamber; -and one of which ordered a peremptory distribution of sixty-four -millions, by not only taking what was in the Treasury, but by -reaching back, and taking all the proceeds of the land sales for -years preceding. I then declared in my place, and that repeatedly, -that the banks, having lent this money under our instigation, if -called upon to reimburse it in this manner, must be reduced to -the alternative of breaking their customers, or of being broken -themselves. When the New York banks stopped, I made great allowances -for them, but I could not justify others for the rapidity with -which they followed their example; and still less can I justify -them for their tardiness in following the example of the same banks -in resuming. Now that the New York banks have come forward to -redeem their obligations, and have shown that sensibility to their -own honor, and that regard for the punctual performance of their -promises, which once formed the pride and glory of the merchant's -and the banker's character, I feel the deepest anxiety for their -success in the great contest which is to ensue. Their enemy is a -cunning and a powerful one, and as wicked and unscrupulous as it is -cunning and strong. Twelve years ago, the president of that bank -which now forbids other banks to resume, declared in an official -communication to the Finance Committee of this body, "_that there -were but few State banks which the Bank of the United States could -not DESTROY by an exertion of its POWER_." Since that time it has -become more powerful; and, besides its political strength, and -its allied institutions, and its exhaustless mine of resurrection -notes, it is computed by its friends to wield a power of one -hundred and fifty millions of dollars! all at the beck and nod of -one single man! for his automaton directors are not even thought -of! The wielding of this immense power, and its fatal direction to -the destruction of the resuming banks, presents the prospect of -a fearful conflict ahead. Many of the local banks will doubtless -perish in it; many individuals will be ruined; much mischief will be -done to the commerce and to the business of different places; and -all the destruction that is accomplished will be charged upon some -act of the administration--no matter what--for whatever is given -out from the Philadelphia head is incontinently repeated by all the -obsequious followers, until the signal is given to open upon some -new cry. - -Sir, the honest commercial banks have resumed, or mean to resume. -They have resumed, not upon the fictitious and delusive credit -of legislative enactments, but upon the solid basis of gold and -silver. The hundred millions of specie which we have accumulated -in the country has done the business. To that hundred millions -the country is indebted for this early, easy, proud and glorious -resumption!--and here let us do justice to the men of this -day--to the policy of General Jackson--and to the success of -the experiments--to which we are indebted for these one hundred -millions. Let us contrast the events and effects of the stoppages -in 1814, and in 1819, with the events and effects of the stoppage -in 1837, and let us see the difference between them, and the causes -of that difference. The stoppage of 1814 compelled the government -to use depreciated bank notes during the remainder of the war, and -up to the year 1817. Treasury notes, even bearing a large interest, -were depreciated ten, twenty, thirty per cent. Bank notes were at an -equal depreciation. The losses to the government from depreciated -paper in loans alone, during the war, were computed by a committee -of the House of Representatives at eighty millions of dollars. -Individuals suffered in the same proportion; and every transaction -of life bore the impress of the general calamity. Specie was not -to be had. There was, nationally speaking, none in the country. -The specie standard was gone; the measure of values was lost; a -fluctuating paper money, ruinously depreciated, was the medium of -all exchanges. To extricate itself from this deplorable condition, -the expedient of a National Bank was resorted to--that measure of so -much humiliation, and of so much misfortune to the republican party. -For the moment it seemed to give relief, and to restore national -prosperity; but treacherous and delusive was the seeming boon. The -banks resumed--relapsed--and every evil of the previous suspension -returned upon the country with increased and aggravated force. - -Politicians alone have taken up this matter and have proposed, for -the first time since the foundation of the government--for the first -time in 48 years--to compel the government to receive paper money -for its dues. The pretext is, to aid the banks in resuming! This, -indeed, is a marvellous pretty conception! Aid the banks to resume! -Why, sir, we cannot prevent them from resuming. Every solvent, -commercial bank in the United States either has resumed, or has -declared its determination to do so in the course of the year. The -insolvent, and the political banks, which did not mean to resume, -will have to follow the New York example, or die! Mr. Biddle's bank -must follow the New York lead, or die! The good banks are with the -country: the rest we defy. The political banks may resume or not, -as they please, or as they dare. If they do not, they die! Public -opinion, and the laws of the land, will exterminate them. If the -president of the miscalled Bank of the United States has made a -mistake in recommending indefinite non-resumption, and in proposing -to establish a confederation of broken banks, and has found out his -mistake, and wants a pretext for retreating, let him invent one. -There is no difficulty in the case. Any thing that the government -does, or does not--any thing that has happened, will happen, or can -happen--will answer the purpose. Let the president of the Bank of -the United States give out a tune: incontinently it will be sung by -every bank man in the United States; and no matter how ridiculous -the ditty may be, it will be celebrated as superhuman music. - -But an enemy lies in wait for them! one that foretells their -destruction, is able to destroy them, and which looks for its own -success in their ruin. The report of the committee of the New York -banks expressly refers to "_acts of deliberate hostility_" from a -neighboring institution as a danger which the resuming banks might -have to dread. The reference was plain to the miscalled Bank of -the United States as the source of this danger. Since that time an -insolent and daring threat has issued from Philadelphia, bearing -the marks of its bank paternity, openly threatening the resuming -banks of New York with destruction. This is the threat: "_Let the -banks of the Empire State come up from their Elba, and enjoy their -hundred days of resumption; a Waterloo awaits them, and a St. -Helena is prepared for them._" Here is a direct menace, and coming -from a source which is able to make good what it threatens. Without -hostile attacks, the resuming banks have a perilous process to go -through. The business of resumption is always critical. It is a case -of impaired credit, and a slight circumstance may excite a panic -which may be fatal to the whole. The public having seen them stop -payment, can readily believe in the mortality of their nature, and -that another stoppage is as easy as the former. On the slightest -alarm--on the stoppage of a few inconsiderable banks, or on the -noise of a groundless rumor--a general panic may break out. _Sauve -qui peut_--save himself who can--becomes the cry with the public; -and almost every bank may be run down. So it was in England after -the long suspension there from 1797 to 1823; so it was in the United -States after the suspension from 1814 to 1817; in each country a -second stoppage ensued in two years after resumption; and these -second stoppages are like relapses to an individual after a spell of -sickness: the relapse is more easily brought on than the original -disease, and is far more dangerous. - -The banks in England _suspended_ in 1797--they _broke_ in 1825; -in the United States it was a _suspension_ during the war, and a -_breaking_ in 1819-20. So it may be again with us. There is imminent -danger to the resuming banks, without the pressure of premeditated -hostility; but, with that hostility, their prostration is almost -certain. The Bank of the United States can crush hundreds on any day -that it pleases. It can send out its agents into every State of the -Union, with sealed orders to be opened on a given day, like captains -sent into different seas; and can break hundreds of local banks -within the same hour, and over an extent of thousands of miles. It -can do this with perfect ease--the more easily with resurrection -notes--and thus excite a universal panic, crush the resuming banks, -and then charge the whole upon the government. This is what it can -do; this is what it has threatened; and stupid is the bank, and -doomed to destruction, that does not look out for the danger, and -fortify against it. In addition to all these dangers, the senator -from Kentucky, the author of the resolution himself, tells you that -these banks must fail again! he tells you they will fail! and in -the very same moment he presses the compulsory reception of all the -notes on all these banks upon the federal treasury! What is this but -a proposition to ruin the finances--to bankrupt the Treasury--to -disgrace the administration--to demonstrate the incapacity of the -State banks to serve as the fiscal agents of the government, and to -gain a new argument for the creation of a national bank, and the -elevation of the bank party to power? This is the clear inference -from the proposition; and viewing it in this light, I feel it to -be my duty to expose, and to repel it, as a proposition to inflict -mischief and disgrace upon the country. - -But to return to the point, the contrast between the effects and -events of former bank stoppages, and the effects and events of -the present one. The effects of the former were to sink the price -of labor and of property to the lowest point, to fill the States -with stop laws, relief laws, property laws, and tender laws; to -ruin nearly all debtors, and to make property change hands at -fatal rates; to compel the federal government to witness the heavy -depreciation of its treasury notes, to receive its revenues in -depreciated paper; and, finally, to submit to the establishment of -a national bank as the means of getting it out of its deplorable -condition--that bank, the establishment of which was followed by -the seven years of the greatest calamity which ever afflicted the -country; and from which calamity we then had to seek relief from the -tariff, and not from more banks. How different the events of the -present time! The banks stopped in May, 1837; they resume in May, -1838. Their paper depreciated but little; property, except in a few -places, was but slightly affected; the price of produce continued -good; people paid their debts without sacrifices; treasury notes, -in defiance of political and moneyed combinations to depress them, -kept at or near par; in many places above it; the government was -never brought to receive its revenues in depreciated paper; and -finally all good banks are resuming in the brief space of a year; -and no national bank has been created. Such is the contrast between -the two periods; and now, sir, what is all this owing to? what -is the cause of this great difference in two similar periods of -bank stoppages? It is owing to our gold bill of 1834, by which we -corrected the erroneous standard of gold, and which is now giving us -an avalanche of that metal; it is owing to our silver bill of the -same year, by which we repealed the disastrous act of 1819, against -the circulation of foreign silver, and which is now spreading the -Mexican dollars all over the country; it is owing to our movements -against small notes under twenty dollars; to our branch mints, and -the increased activity of the mother mint; to our determination to -revive the currency of the constitution, and to our determination -not to fall back upon the local paper currencies of the States for -a national currency. It was owing to these measures that we have -passed through this bank stoppage in a style so different from what -has been done heretofore. It is owing to our "_experiments_" on -the currency--to our "_humbug_" of a gold and silver currency--to -our "_tampering_" with the monetary system--it is owing to these -that we have had this signal success in this last stoppage, and -are now victorious over all the prophets of woe, and over all the -architects of mischief. These _experiments_, this _humbugging_, -and this _tampering_, has increased our specie in six years from -twenty millions to one hundred millions; and it is these one hundred -millions of gold and silver which have sustained the country and -the government under the shock of the stoppage--has enabled the -honest solvent banks to resume, and will leave the insolvent and -political banks without excuse or justification for not resuming. -Our experiments--I love the word, and am sorry that gentlemen of -the opposition have ceased to repeat it--have brought an avalanche -of gold and silver into the country; it is saturating us with the -precious metals, it has relieved and sustained the country; and -now when these experiments have been successful--have triumphed -over all opposition--gentlemen cease their ridicule, and go to -work with their paper-money resolutions to force the government to -use paper, and thereby to drive off the gold and silver which our -policy has brought into the country, destroy the specie basis of the -banks, give us an exclusive paper currency again, and produce a new -expansion and a new explosion. - -Justice to the men of this day requires these things to be stated. -They have avoided the errors of 1811. They have avoided the pit -into which they saw their predecessors fall. Those who prevented -the renewal of the bank charter in 1811, did nothing else but -prevent its renewal; they provided no substitute for the notes of -the bank; did nothing to restore the currency of the constitution; -nothing to revive the gold currency; nothing to increase the specie -of the country. They fell back upon the exclusive use of local bank -notes, without even doing any thing to strengthen the local banks, -by discarding their paper under twenty dollars. They fell back upon -the local banks; and the consequence was, the total prostration, -the utter helplessness, the deplorable inability of the government -to take care of itself, or to relieve and restore the country, when -the banks failed. Those who prevented the recharter of the second -Bank of the United States had seen all this; and they determined to -avoid such error and calamity. They set out to revive the national -gold currency, to increase the silver currency, and to reform and -strengthen the banking system. They set out to do these things; -and they have done them. Against a powerful combined political and -moneyed confederation, they have succeeded; and the one hundred -millions of gold and silver now in the country attests the greatness -of their victory, and insures the prosperity of the country against -the machinations of the wicked and the factious. - - - - -CHAPTER XXII. - -MR. CLAY'S RESOLUTION IN FAVOR OF RESUMING BANKS, AND MR. -BENTON'S REMARKS UPON IT. - - -After the New York banks had resolved to recommence specie payments, -and before the day arrived for doing so, Mr. Clay submitted a -resolution in the Senate to promote resumption by making the notes -of the resuming banks receivable in payment of all dues to the -federal government. It was clearly a movement in behalf of the -delinquent banks, as those of New York, and others, had resolved -to return to specie payments without requiring any such condition. -Nevertheless he placed the banks of the State of New York in the -front rank for the benefits to be received under his proposed -measure. They had undertaken to recommence payments, he said, not -from any ability to do so, but from compulsion under a law of the -State. The receivability of their notes in payment of all federal -dues would give them a credit and circulation which would prevent -their too rapid return for redemption. So of others. It would be a -help to all in getting through the critical process of resumption; -and in helping them would benefit the business and prosperity of the -country. He thought it wise to give that assistance; but reiterated -his opinion that, nothing but the establishment of a national -bank would effectually remedy the evils of a disordered currency, -and permanently cure the wounds under which the country was now -suffering. Mr. Benton replied to Mr. Clay, and said: - -This resolution of the senator from Kentucky [Mr. CLAY], is to aid -the banks to resume--to aid, encourage, and enable them to resume. -This is its object, as declared by its mover; and it is offered -here after the leading banks have resumed, and when no power can -even prevent the remaining solvent banks from resuming. Doubtless, -immortal glory will be acquired by this resolution! It can be -heralded to all corners of the country, and celebrated in all manner -of speeches and editorials, as the miraculous cause of an event -which had already occurred! Yes, sir--already occurred! for the -solvent banks have resumed, are resuming, and will resume. Every -solvent bank in the United States will have resumed in a few months, -and no efforts of the insolvents and their political confederates -can prevent it. In New York the resumption is general; in -Massachusetts, Rhode Island, Maine, and New Jersey, it is partial; -and every where the solvent banks are preparing to redeem the pledge -which they gave when they stopped--_that of resuming whenever New -York did_. The insolvent and political banks will not resume at all, -or, except for a few weeks, to fail again, make a panic and a new -run upon the resuming banks--stop them, if possible, then charge it -upon the administration, and recommence their lugubrious cry for a -National Bank. - -The resumption will take place. The masses of gold and silver -pouring into the country under the beneficent effects of General -Jackson's hard-money policy, will enable every solvent bank to -resume; a moral sense, and a fear of consequences, will compel them -to do it. The importations of specie are now enormous, and equalling -every demand, if it was not suppressed. There can be no doubt but -that the quantity of specie in the country is equal to the amount -of bank notes in circulation--that they are dollar for dollar--that -the country is better off for money at this day than it ever was -before, though shamefully deprived of the use of gold and silver by -the political and insolvent part of the banks and their confederate -politicians. - -The solvent banks will resume, and Congress cannot prevent them -if it tried. They have received the aid which they need in the -$100,000,000 of gold and silver which now relieves the country, and -distresses the politicians who predicted no relief, until a national -bank was created. Of the nine hundred banks in the country, there -are many which never can resume, and which should not attempt it, -except to wind up their affairs. Many of these are rotten to the -core, and will fall to pieces the instant they are put to the specie -test. Some of them even fail now for rags; several have so failed -in Massachusetts and Ohio, to say nothing of those called wild -cats--the progeny of a general banking law in Michigan. We want a -resumption to discriminate between banks, and to save the community -from impositions. - -We wanted specie, and we have got it. Five years ago--at the veto -session of 1832--there were but twenty millions in the country. -So said the senator from Massachusetts who has just resumed his -seat [Mr. WEBSTER]. We have now, or will have in a few weeks, one -hundred millions. This is the salvation of the country. It compels -resumption, and has defeated all the attempts to scourge the country -into a submission to a national bank. While that one hundred -millions remains, the country can place at defiance the machinations -of the Bank of the United States, and its confederate politicians, -to perpetuate the suspension, and to continue the reign of rags and -shin-plasters. Their first object is to get rid of these hundred -millions, and all schemes yet tried have failed to counteract the -Jacksonian policy. Ridicule was tried first; deportation of specie -was tried next; a forced suspension has been continued for a year; -the State governments and the people were vanquished, still the -specie came in, because the federal government created a demand -for it. This firm demand has frustrated all the schemes to drive -off specie, and to deliver up the country to the dominion of the -paper-money party. This demand has been the stumbling block of that -party; and this resolution now comes to remove that stumbling block. -It is the most revolting proposition ever made in this Congress! It -is a flagrant violation of the constitution, by making paper money -a tender both to and from the government. It is fraught with ruin -and destruction to the public property, the public Treasury, and the -public creditors. The notes of nine hundred banks are to be received -into the Treasury, and disbursed from the Treasury. They are to be -paid out as well as paid in. The ridiculous proviso of willingness -to receive them on the part of the public creditor is an insult to -him; for there is no choice--it is that or nothing. The disbursing -officer does not offer hard money with one hand, and paper with the -other, and tell the creditor to take his choice. No! he offers paper -or nothing! To talk of willingness, when there is no choice, is -insult, mockery and outrage. Great is the loss of popularity which -this administration has sustained from paying out depreciated paper; -great the deception which has been practised upon the government -in representing this paper as being willingly received. Necessity, -and not good will, ruled the creditor; indignation, resentment, and -execrations on the administration, were the thanks with which he -received it. This has disgraced and injured the administration more -than all other causes put together; it has lost it tens of thousands -of true friends. It is now getting into a condition to pay hard -money; and this resolution comes to prevent such payment, and to -continue and to perpetuate the ruinous paper-money payments. Defeat -the resolution, and the government will quickly pay all demands upon -it in gold and silver, and will recover its popularity; pass it, and -paper money will continue to be paid out, and the administration -will continue to lose ground. - -The resolution proposes to make the notes of 900 banks the currency -of the general government, and the mover of the resolution tells -you, at the same time, that all these banks will fail! that they -cannot continue specie payments if they begin! that nothing but a -national bank can hold them up to specie payments, and that we have -no such bank. This is the language of the mover; it is the language, -also, of all his party; more than that--it is the language of Mr. -Biddle's letter--that letter which is the true exposition of the -principles and policy of the opposition party. Here, then, is a -proposition to compel the administration, by law, to give up the -public lands for the paper of banks which are to fail--to fill the -Treasury with the paper of such banks--and to pay out such paper to -the public creditors. This is the proposition, and it is nothing but -another form of accomplishing what was attempted in this chamber -a few weeks ago, namely, a direct receipt of irredeemable paper -money! That proposition was too naked and glaring; it was too rank -and startling; it was rebuked and repulsed. A circuitous operation -is now to accomplish what was then too rashly attempted by a direct -movement. Receive the notes of 900 banks for the lands and duties; -these 900 banks will all fail again;--so says the mover, because -there is no king bank to regulate them. We have then lost our lands -and revenues, and filled our Treasury with irredeemable paper. This -is just the point aimed at by the original proposition to receive -irredeemable paper in the first instance: it ends in the reception -of such paper. If the resolution passes, there will be another -explosion: for the receivability of these notes for the public -dues, and especially for the public lands, will run out another -vast expansion of the paper system--to be followed, of course, by -another general explosion. The only way to save the banks is to -hold them down to specie payments. To do otherwise, and especially -to do what this resolution proposes, is to make the administration -the instrument of its own disgrace and degradation--to make it join -in the ruin of the finances and the currency--in the surrender of -the national domain for broken bank paper--and in producing a new -cry for a national bank, as the only remedy for the evils it has -produced. - -[The measure proposed by Mr. CLAY was defeated, and the _experiment_ -of a specie currency for the government was continued.] - - - - -CHAPTER XXIII. - -RESUMPTION BY THE PENNSYLVANIA UNITED STATES BANK; AND OTHERS -WHICH FOLLOWED HER LEAD. - - -The resumption by the New York banks had its effect. Their example -was potent, either to suspend or resume. All the banks in the Union -had followed their example in stopping specie payments: more than -half of them followed them in recommencing payments. Those which -did not recommence became obnoxious to public censure, and to the -suspicion of either dishonesty or insolvency. At the head of this -delinquent class stood the Bank of the United States, justly held -accountable by the public voice for the delinquency of all the rest. -Her position became untenable. She was compelled to descend from it; -and, making a merit of necessity, she affected to put herself at the -head of a general resumption; and in pursuance of that idea invited, -in the month of July, through a meeting of the Philadelphia banks, a -general meeting in that city on the 25th of that month, to consult -and fix a time for resumption. A few banks sent delegates; others -sent letters, agreeing to whatever might be done. In all there were -one hundred and forty delegates, or letters, from banks in nine -States; and these delegates and letters forming themselves into -a general convention of banks, passed a resolution for a general -resumption on the 13th of August ensuing. And thus ended this -struggle to act upon the government through the distresses of the -country, and coerce it into a repeal of the specie circular--into -a recharter of the United States Bank--the restoration of the -deposits--and the adoption of the notes of this bank for a national -currency. The game had been overplayed. The public saw through it, -and derived a lesson from it which put bank and state permanently -apart, and led to the exclusive use of gold and silver by the -federal government; and the exclusive keeping of its own moneys -by its own treasurers. All right-minded people rejoiced at the -issue of the struggle; but there were some that well knew that the -resumption on the part of the Bank of the United States was hollow -and deceptive--that she had no foundations, and would stop again, -and for ever I said this to Mr. Van Buren at the time, and he gave -the opinion I expressed a better acceptance than he had accorded to -the previous one in February, 1837. Parting from him at the end of -the session, 1838-'39, I said to him, this bank would stop before we -meet again; that is to say, before I should return to Congress. It -did so, and for ever. At meeting him the ensuing November, he was -the first to remark upon the truth of these predictions. - - - - -CHAPTER XXIV. - -PROPOSED ANNEXATION OF TEXAS: MR. PRESTON'S MOTION AND SPEECH: -EXTRACTS. - - -The republic of Texas had now applied for admission into the federal -Union, as one of its States. Its minister at Washington, Memucan -Hunt, Esq., had made the formal application to our executive -government. That was one obstacle in the way of annexation removed. -It was no longer an insult to her to propose to annex her; and she -having consented, it referred the question to the decision of the -United States. But there was still another objection, and which -was insuperable: Texas was still at war with Mexico; and to annex -her was to annex the war--a consequence which morality and policy -equally rejected. MR. PRESTON, of South Carolina, brought in a -resolution on the subject--not for annexation, but for a legislative -expression in favor of the measure, as a basis for a tripartite -treaty between the United States, Mexico and Texas; so as to -effect the annexation by the consent of all parties, to avoid all -cause of offence; and unite our own legislative with the executive -authority in accomplishing the measure. In support of this motion, -he delivered a speech which, as showing the state of the question -at the time, and presenting sound views, and as constituting a link -in the history of the Texas annexation, is here introduced--some -extracts to exhibit its leading ideas. - - "The proposition which I now submit in regard to this prosperous - and self-dependent State would be indecorous and presumptuous, - had not the lead been given by Texas herself. It appears by - the correspondence of the envoy extraordinary of that republic - with our own government, that the question of annexation on - certain terms and conditions has been submitted to the people - of the republic, and decided in the affirmative by a very - large majority; whereupon, and in pursuance of instructions - from his government, he proposes to open a negotiation for the - accomplishment of that object. The correspondence has been - communicated upon a call from the House of Representatives, and - thus the proposition becomes a fit subject for the deliberation - of Congress. Nor is it proposed by my resolution, Mr. President, - to do any thing which could be justly construed into cause - of offence by Mexico. The terms of the resolution guard our - relations with that republic; and the spirit in which it is - conceived is entirely averse to any compromise of our national - faith and honor, for any object, of whatever magnitude. - More especially would I have our intercourse with Mexico - characterized by fair dealing and moderation, on account of her - unfortunate condition, resulting from a long-continued series - of intestine dissensions, which all who have not been born to - liberty must inevitably encounter in seeking for it. As long, - therefore, as the pretensions of Mexico are attempted to be - asserted by actual force, or as long as there is any reasonable - prospect that she has the power and the will to resubjugate - Texas, I do not propose to interfere. My own deliberate - conviction, to be sure, is, that that period has already passed; - and I beg leave to say that, in my judgment, there is more - danger of an invasion and conquest of Mexico by Texas, than that - this last will ever be reannexed to Mexico. - - "I disavow, Mr. President, all hostile purposes, or even ill - temper, towards Mexico; and I trust that I impugn neither - the policy nor principles of the administration. I therefore - feel myself at liberty to proceed to the discussion of the - points made in the resolution, entirely disembarrassed of - any preliminary obstacle, unless, indeed, the mode by which - so important an act is to be effected may be considered as - interposing a difficulty. If the object itself be within the - competency of this government, as I shall hereafter endeavor - to show, and both parties consent, every means mutually agreed - upon would establish a joint obligation. The acquisition of - new territory has heretofore been effected by treaty, and - this mode of proceeding in regard to Texas has been proposed - by her minister; but I believe it would comport more with - the importance of the measure, that both branches of the - government should concur, the legislature expressing a previous - opinion; and, this being done, all difficulties, of all kinds - whatsoever, real or imaginary, might be avoided by a treaty - tripartite between Mexico, Texas, and the United States, in - which the assent and confirmation of Mexico (for a pecuniary - consideration, if you choose) might be had, without infringing - the acknowledged independence and free agency of Texas. - - "The treaty, Mr. President, of 1819, was a great oversight - on the part of the Southern States. We went into it blindly, - I must say. The great importance of Florida, to which the - public mind was strongly awakened at that time by peculiar - circumstances, led us precipitately into a measure by which we - threw a gem away that would have bought ten Floridas. Under any - circumstances, Florida would have been ours in a short time; - but our impatience induced us to purchase it by a territory ten - times as large--a hundred times as fertile, and to give five - millions of dollars into the bargain. Sir, I resign myself to - what is done; I acquiesce in the inexorable past; I propose - no wild and chimerical revolution in the established order of - things, for the purpose of remedying what I conceive to have - been wrong originally. But this I do propose: that we should - seize the fair and just occasion now presented to remedy the - mistake which was made in 1819; that we should repair as far as - we can the evil effect of a breach of the constitution; that we - should re-establish the integrity of our dismembered territory, - and get back into our Union, by the just and honorable means - providentially offered to us, that fair and fertile province - which, in an evil hour, we severed from the confederacy. - - "But the boundary line established by the treaty of 1819 not - only deprives us of this extensive and fertile territory, but - winds with "a deep indent" upon the valley of the Mississippi - itself, running upon the Red River and the Arkansas. It places - a foreign nation in the rear of our Mississippi settlements, - and brings it within a stone's throw of that great outlet which - discharges the commerce of half the Union. The mouth of the - Sabine and the mouth of the Mississippi are of a dangerous - vicinity. The great object of the purchase of Louisiana was to - remove all possible interference of foreign States in the vast - commerce of the outlet of so many States. By the cession of - Texas, this policy was, to a certain extent, compromised. - - "The committee, it appears to me, has been led to erroneous - conclusions on this subject by a fundamental mistake as to the - nature and character of our government; a mistake which has - pervaded and perverted all its reasoning, and has for a long - time been the abundant source of much practical mischief in the - action of this government, and of very dangerous speculation. - The mistake lies in considering this, as to its nature and - powers, a consolidated government of one people, instead of a - confederated government of many States. There is no one single - act performed by the people of the United States, under the - constitution, _as one people_. Even in the popular branch of - Congress this distinction is maintained. A certain number of - delegates is assigned to each State, and the people of each - State elect for their own State. When the functionaries of the - government assemble here, they have no source of power but - the constitution, which prescribes, defines, and limits their - action, and constitutes them, in their aggregate capacity, a - trust or agency, for the performance of certain duties confided - to them by various States or communities. This government is, - therefore, a confederacy of sovereign States, associating - themselves together for mutual advantages. They originally came - together as sovereign States, having no authority and pretending - to no power of reciprocal control. North Carolina and Rhode - Island stood off for a time, refusing to join the confederacy, - and at length came into it by the exercise of a sovereign - discretion. So too of Missouri, who was a State fully organized - and perfect, and self-governed, before she was a State of this - Union; and, in the very nature of things, this has been the - case with all the States heretofore admitted, and must always - continue to be so. Where, then, is the difficulty of admitting - another State into this confederacy? The power to admit new - States is expressly given. "New States may be admitted by the - Congress into this Union." By the very terms of the grant, they - must be _States_ before they are admitted; when admitted, they - become States _of the Union_. The terms, restrictions, and - principles upon which new States are to be received, are matters - to be regulated by Congress, under the constitution. - - "Heretofore, in the acquisition of Louisiana and Florida, France - and Spain both stipulated that the inhabitants of the ceded - territories should be incorporated in the Union of the United - States as soon as may be consistent with the principles of - the federal constitution, and admitted to all the privileges, - rights, and immunities of the citizens of the United States. - In compliance with this stipulation, Louisiana, Arkansas, and - Missouri have been admitted into the Union, and at no distant - day Florida will be. Now, if we contract with France and Spain - for the admission of States, why shall we not with Texas? If - France can sell to us her subjects and her territory, why cannot - the people of Texas give themselves and their territory to us? - Is it more consistent with our republican notions that men and - territory can be transferred by the arbitrary will of a monarch, - for a price, than that a free people may be associated with us - by mutual consent? - - "It is supposed that there is a sort of political impossibility, - resulting from the nature of things, to effect the proposed - union. The committee says that "the measure is in fact the union - of _two_ independent governments." Certainly the _union_ of - twenty-seven "independent governments;" but the committee adds, - that it should rather be termed the dissolution of both, and the - formation of a new one, which, whether founded on the same or - another written constitution, is, as to its identity, different - from either. This can only be effected by the _summum jus_, &c. - - "A full answer to this objection, even if many others were not - at hand, as far as Texas is concerned, is contained in the fact - that the _summum jus_ has been exercised. - - "Her citizens, by a unanimous vote, have decided in favor of - annexation; and, according to the admission of the committee, - this is sufficiently potent to dissolve their government, and - to surrender themselves to be absorbed by ours. To receive this - augmentation of our territory and population, manifestly does - not dissolve this government, or even remodel it. Its identity - is not disturbed. There is no appeal necessary to the _summum - jus populi_ for such a political arrangement on our part, - even if the _summum jus populi_ could be predicated of this - government, which it cannot. Now, it is very obvious that two - free States may associate for common purposes, and that these - common purposes may be multiplied in number or increased in - importance at the discretion of the parties. They may establish - a common agency for the transaction of their business; and this - may include a portion or all of their political functions. - The new creation may be an agency if created by States, or a - government if created by the people; for the people have a right - to abolish and create governments. Does any one doubt whether - Texas could rejoin the republic of Mexico? Why not, then, - _re_join this republic? - - "No one doubts that the States now composing this Union might - have joined Great Britain after the declaration of independence. - The learned committee would not contend that there was a - political impossibility in the union of Scotland and England, - or of Ireland and Britain; or that, in the nature of things, it - would be impossible for Louisiana, if she were a sovereign State - out of this Union, to join with the sovereign State of Texas in - forming a new government. - - "There is no point of view in which the proposition for - annexation can be considered, that any serious obstacle in point - of form presents itself. If this government be a confederation - of States, then it is proposed to add another State to the - confederacy. If this government be a consolidation, then it - is proposed to add to it additional territory and population. - That we can annex, and afterwards admit, the cases of Florida - and Louisiana prove. We can, therefore, deal with the people of - Texas for the territory of Texas, and the people can be secured - in the rights and privileges of the constitution, as were the - subjects of Spain and France. - - "The Massachusetts legislature experience much difficulty in - ascertaining the mode of action by which the proposed annexation - can be effected, and demand "in what form would be the - practical exercise of the supposed power? In what department - does it lie?" The progress of events already, in a great - measure, answers this objection. Texas has taken the initiative. - Her minister has introduced the subject to that department - which is alone capable of receiving communications from foreign - governments, and the executive has submitted the correspondence - to Congress. The resolutions before you propose an expression - of opinion by Congress, which, if made, the executive will - doubtless address itself earnestly, in conjunction with the - authorities of Texas, to the consummation of the joint wishes of - the parties, which can be accomplished by treaty, emanating from - one department of this government, to be carried into effect by - the passage of all needful laws by the legislative department, - and by the exercise of the express power of Congress to admit - new States." - -The proposition of Mr. Preston did not prevail; the period for the -annexation of Texas had not yet arrived. War still existing between -Mexico and Texas--the _status_ of the two countries being that of -war, although hostilities hardly existed--a majority of the Senate -deemed it unadvisable even to take the preliminary steps towards -annexation which his resolution proposed. A motion to lay the -proposition on the table prevailed, by a vote of 24 to 14. - - - - -CHAPTER XXV. - -DEBATE BETWEEN MR. CLAY AND MR. CALHOUN, PERSONAL AND POLITICAL, -AND LEADING TO EXPOSITIONS AND VINDICATIONS OF PUBLIC CONDUCT -WHICH BELONG TO HISTORY. - - -For seven years past Mr. Calhoun, while disclaiming connection -with any party, had acted on leading measures with the opposition, -headed by Messrs. Clay and Webster. Still disclaiming any such -connection, he was found at the extra session co-operating with -the administration. His co-operation with the opposition had given -it the victory in many eventful contests in that long period; -his co-operation with the Van Buren administration might turn -the tide of victory. The loss or gain of a chief who in a nearly -balanced state of parties, could carry victory to the side which -he espoused, was an event not to be viewed without vexation by -the party which he left. Resentment was as natural on one side as -gratification was on the other. The democratic party had made no -reproaches--(I speak of the debates in Congress)--when Mr. Calhoun -left them; they debated questions with him as if there had been no -cause for personal complaint. Not so with the opposition now when -the course of his transit was reversed, and the same event occurred -to themselves. They took deeply to heart this withdrawal of one of -their leaders, and his appearance on the other side. It created -a feeling of personal resentment against Mr. Calhoun which had -manifested itself in several small side-blows at the extra session; -and it broke out into systematic attack at the regular one. Some -sharp passages took place between himself and Mr. Webster, but not -of a kind to lead to any thing historical. He (Mr. Webster) was -but slightly inclined towards that kind of speaking which mingles -personality with argument, and lessens the weight of the adversary -argument by reducing the weight of the speaker's character. Mr. -Clay had a turn that way; and, certainly, a great ability for it. -Invective, mingled with sarcasm, was one of the phases of his -oratory. He was supreme at a _philippic_ (taken in the sense of -Demosthenes and Cicero), where the political attack on a public -man's measure was to be enforced and heightened by a personal attack -on his conduct. He owed much of his fascinating power over his -hearers to the exercise of this talent--always so captivating in a -popular assembly, and in the galleries of the Senate; not so much -so in the Senate itself; and to him it naturally fell to become the -organ of the feelings of his party towards Mr. Calhoun. And very -cordially, and carefully, and amply, did he make preparation for it. - -The storm had been gathering since September: it burst in February. -It had been evidently waiting for an occasion: and found it in the -first speech of Mr. Calhoun, of that session, in favor of Mr. Van -Buren's recommendation for an independent treasury and a federal -hard-money currency. This speech was delivered the 15th of February, -and was strictly argumentative and parliamentary, and wholly -confined to its subject. Four days thereafter Mr. Clay answered it; -and although ready at an extemporaneous speech, he had the merit, -when time permitted, of considering well both the matter and the -words of what he intended to deliver. On this occasion he had had -ample time; for the speech of Mr. Calhoun could not be essentially -different from the one he delivered on the same subject at the -extra session; and the personal act which excited his resentment -was of the same date. There had been six months for preparation; -and fully had preparation been made. The whole speech bore the -impress of careful elaboration and especially the last part; for -it consisted of two distinct parts--the first, argumentative, and -addressed to the measure before the Senate: and was in fact, as -well as in name, a reply. The second part was an attack, under the -name of a reply, and was addressed to the personal conduct of Mr. -Calhoun, reproaching him with his desertion (as it was called), -and taunting him with the company he had got into--taking care to -remind him of his own former sad account of that company: and then, -launching into a wider field, he threw up to him all the imputed -political delinquencies of his life for near twenty years--skipping -none from 1816 down to the extra session;--although he himself had -been in close political friendship with this alleged delinquent -during the greater part of that long time. Mr. Calhoun saw at once -the advantage which this general and sweeping assault put into his -hands. Had the attack been confined to the mere circumstance of -quitting one side and joining the other, it might have been treated -as a mere personality; and, either left unnoticed, or the account -settled at once with some ready words of retort and justification. -But in going beyond the act which gave the offence--beyond the -cause of resentment, which was recent, and arraigning a member on -the events of almost a quarter of a century of public life, he -went beyond the limits of the occasion, and gave Mr. Calhoun the -opportunity of explaining, or justifying, or excusing all that -had ever been objected to him; and that with the sympathy in the -audience with which attack for ever invests the rights of defence. -He saw his advantage, and availed himself of it. Though prompt at a -reply, he chose to make none in a hurry. A pause ensued Mr. Clay's -conclusion, every one deferring to Mr. Calhoun's right of reply. He -took the floor, but it was only to say that he would reply at his -leisure to the senator from Kentucky. - -He did reply, and at his own good time, which was at the end of -twenty days; and in a way to show that he had "smelt the lamp," not -of Demades, but of Demosthenes, during that time. It was profoundly -meditated and elaborately composed: the matter solid and condensed; -the style chaste, terse and vigorous; the narrative clear; the -logic close; the sarcasm cutting: and every word bearing upon the -object in view. It was a masterly oration, and like Mr. Clay's -speech, divided into two parts; but the second part only seemed -to occupy his feelings, and bring forth words from the heart as -well as from the head. And well it might! He was speaking, not -for life, but for character! and defending public character, in -the conduct which makes it, and on high points of policy, which -belonged to history--defending it before posterity and the present -age, impersonated in the American Senate, before which he stood, -and to whom he appealed as judges while invoking as witnesses. -He had a high occasion, and he felt it; a high tribunal to plead -before, and he rejoiced in it; a high accuser, and he defied him; -a high stake to contend for, his own reputation: and manfully, -earnestly, and powerfully did he defend it. He had a high example -both in oratory, and in the analogies of the occasion, before him; -and well had he looked into that example. I happened to know that -in this time he refreshed his reading of the Oration on the Crown; -and, as the delivery of his speech showed, not without profit. -Besides its general cast, which was a good imitation, there were -passages of a vigor and terseness--of a power and simplicity--which -would recall the recollection of that masterpiece of the oratory -of the world. There were points of analogy in the cases as well -as in the speeches, each case being that of one eminent statesman -accusing another, and before a national tribunal, and upon the -events of a public life. More happy than the Athenian orator, the -American statesman had no foul imputations to repel. Different from -AEschines and Demosthenes, both himself and Mr. Clay stood above -the imputation of corrupt action or motive. If they had faults, -and what public man is without them? they were the faults of lofty -natures--not of sordid souls; and they looked to the honors of their -country--not its plunder--for their fair reward. - -When Mr. Calhoun finished, Mr. Clay instantly arose, and -rejoined--his rejoinder almost entirely directed to the personal -part of the discussion, which from its beginning had been the -absorbing part. Much stung by Mr. Calhoun's reply, who used the -sword as well as the buckler, and with a keen edge upon it, he was -more animated and sarcastic in the rejoinder than in the first -attack. Mr. Calhoun also rejoined instantly. A succession of brief -and rapid rejoinders took place between them (chiefly omitted in -this work), which seemed running to infinity, when Mr. Calhoun, -satisfied with what he had done, pleasantly put an end to it by -saying, he saw the senator from Kentucky was determined to have -the last word; and he would yield it to him. Mr. Clay, in the same -spirit, disclaimed that desire; and said no more. And thus the -exciting debate terminated with more courtesy than that with which -it had been conducted. - -In all contests of this kind there is a feeling of violated decorum -which makes each party solicitous to appear on the defensive, and -for that purpose to throw the blame of commencing on the opposite -side. Even the one that palpably throws the first stone is yet -anxious to show that it was a defensive throw; or at least provoked -by previous wrong. Mr. Clay had this feeling upon him, and knew that -the _onus_ of making out a defensive case fell upon him; and he -lost no time in endeavoring to establish it. He placed his defence -in the forepart of the attack. At the very outset of the personal -part of his speech he attended to this essential preliminary, and -found the justification, as he believed, in some expressions of Mr. -Calhoun in his sub-treasury speech; and in a couple of passages -in a letter he had written on a public occasion, after his return -from the extra session--commonly called the Edgefield letter. In -the speech he believed he found a reproach upon the patriotism of -himself and friends in not following his (Mr. Calhoun's) "_lead_" -in support of the administration financial and currency measures; -and in the letter, an impeachment of the integrity and patriotism -of himself and friends if they got into power; and also an avowal -that his change of sides was for selfish considerations. The first -reproach, that of lack of patriotism in not following Mr. Calhoun's -lead, he found it hard to locate in any definite part of the -speech; and had to rest it upon general expressions. The others, -those founded upon passages in the letter, were definitely quoted; -and were in these terms: "_I could not back and sustain those in -such opposition in whose wisdom, firmness and patriotism I had no -reason to confide."--"It was clear, with our joint forces (whigs -and nullifiers) we could utterly overthrow and demolish them; but -it was not less clear that the victory would enure, not to us, but -exclusively to the benefit of our allies, and their cause._" These -passages were much commented upon, especially in the rejoinders; and -the whole letter produced by Mr. Calhoun, and the meaning claimed -for them fully stated by him. - -In the speeches for and against the crown we see Demosthenes -answering what has not been found in the speech of Eschines: the -same anomaly took place in this earnest debate, as reported between -Mr. Clay and Mr. Calhoun. The latter answers much which is not found -in the published speech to which he is replying. It gave rise to -some remark between the speakers during the rejoinders. Mr. Calhoun -said he was replying to the speech as spoken. Mr. Clay said it was -printed under his supervision--as much as to say he sanctioned the -omissions. The fact is, that with a commendable feeling, he had -softened some parts, and omitted others; for that which is severe -enough in speaking, becomes more so in writing; and its omission -or softening is a tacit retraction, and honorable to the cool -reflection which condemns what passion, or heat, had prompted. But -Mr. Calhoun did not accept the favor: and, neither party desiring -quarter, the one answered what had been dropt, and the other -re-produced it, with interest. In his rejoinders, Mr. Clay supplied -all that had been omitted--and made additions to it. - -This contest between two eminent men, on a theatre so elevated, in -which the stake to each was so great, and in which each did his -best, conscious that the eye of the age and of posterity was upon -him, was an event in itself, and in their lives. It abounded with -exemplifications of all the different sorts of oratory of which -each was master: on one side--declamation, impassioned eloquence, -vehement invective, taunting sarcasm: on the other--close reasoning, -chaste narrative, clear statement, keen retort. Two accessories -of such contests (disruptions of friendships), were missing, -and well--the pathetic and the virulent. There was no crying, or -blackguarding in it--nothing like the weeping scene between Fox and -Burke, when the heart overflowed with tenderness at the recollection -of former love, now gone forever; nor like the virulent one when the -gall, overflowing with bitterness, warned an ancient friend never to -return as a spy to the camp which he had left as a deserter. - -There were in the speeches of each some remarkable passages, such -only as actors in the scenes could furnish, and which history will -claim. Thus: Mr. Clay gave some inside views of the concoction -of the famous compromise act of 1833; which, so far as they go, -correspond with the secret history of the same concoction as given -in one of the chapters on that subject in the first volume of this -work. Mr. Clay's speech is also remarkable for the declaration -that the protective system, which he so long advocated, was never -intended to be permanent: that its only design was to give temporary -encouragement to infant manufactures: and that it had fulfilled its -mission. Mr. Calhoun's speech was also remarkable for admitting -the power, and the expediency of incidental protection, as it was -called; and on this ground he justified his support of the tariff -of 1816--so much objected against him. He also gave his history -of the compromise of 1833, attributing it to the efficacy of -nullification and of the military attitude of South Carolina: which -brought upon him the relentless sarcasm of Mr. Clay; and occasioned -his explanation of his support of a national bank in 1816. He was -chairman of the committee which reported the charter for that bank, -and gave it the support which carried it through; with which he -was reproached after he became opposed to the bank. He explained -the circumstances under which he gave that support--such as I had -often heard him state in conversation; and which always appeared -to me to be sufficient to exempt him from reproach. At the same -time (and what is but little known), he had the merit of opposing, -and probably of defeating, a far more dangerous bank--one of fifty -millions (equivalent to one hundred and twenty millions now), -and founded almost wholly upon United States stocks--imposingly -recommended to Congress by the then secretary of the Treasury, Mr. -Alexander J. Dallas. The analytical mind of Mr. Calhoun, then one -of the youngest members, immediately solved this monster proposition -into its constituent elements; and his power of generalization -and condensation, enabled him to express its character in two -words--_lending our credit to the bank for nothing, and borrowing -it back at six per cent. interest_. As an alternative, and not -as a choice, he supported the national bank that was chartered, -after twice defeating the monster bank of fifty millions founded -on paper; for that monster was twice presented to Congress, and -twice repulsed. The last time it came as a currency measure--as a -bank to create a national currency; and as such was referred to a -select committee on national currency, of which Mr. Calhoun was -chairman. He opposed it, and fell into the support of the bank -which was chartered. Strange that in this search for a national -bank, the currency of the constitution seemed to enter no one's -head. The revival of the gold currency was never suggested; and in -that oblivion of gold, and still hunting a substitute in paper, the -men who put down the first national bank did their work much less -effectually that those who put down the second one. - -The speech of each of these senators, so far as they constitute -the personal part of the debate, will be given in a chapter of its -own: the rejoinders being brief, prompt, and responsive each to -the other, will be put together in another chapter. The speeches -of each, having been carefully prepared and elaborated, may be -considered as fair specimens of their speaking powers--the style -of each different, but each a first class speaker in the branch of -oratory to which he belonged. They may be read with profit by those -who would wish to form an idea of the style and power of these -eminent orators. Manner, and all that is comprehended under the head -of delivery, is a different attribute; and there Mr. Clay had an -advantage, which is lost in transferring the speech to paper. Some -of Mr. Calhoun's characteristics of manner may be seen in these -speeches. He eschewed the studied exordiums and perorations, once -so much in vogue, and which the rhetorician's rules teach how to -make. A few simple words to announce the beginning, and the same to -show the ending of his speech, was about as much as he did in that -way; and in that departure from custom he conformed to what was -becoming in a business speech, as his generally were; and also to -what was suitable to his own intellectual style of speaking. He also -eschewed the trite, familiar, and unparliamentary mode (which of -late has got into vogue) of referring to a senator as, "my friend," -or, "the distinguished," or, "the eloquent," or, "the honorable," -&c. He followed the written rule of parliamentary law; which is -also the clear rule of propriety, and referred to the member by his -sitting-place in the Senate, and the State from which he came. Thus: -"the senator from Kentucky who sits farthest from me;" which was a -sufficient designation to those present, while for the absent, and -for posterity the name (Mr. Clay) would be put in brackets. He also -addressed the body by the simple collective phrase, "senators;" -and this was, not accident, or fancy, but system, resulting from -convictions of propriety; and he would allow no reporter to alter it. - -Mr. Calhoun laid great stress upon his speech in this debate, as -being the vindication of his public life; and declared, in one of -his replies to Mr. Clay, that he rested his public character upon -it, and desired it to be read by those who would do him justice. In -justice to him, and as being a vindication of several measures of -his mentioned in this work, not approvingly, a place is here given -to it. - -This discussion between two eminent men, growing out of support -and opposition to the leading measures of Mr. Van Buren's -administration, indissolubly connects itself with the passage of -those measures; and gives additional emphasis and distinction to the -era of the crowning policy which separated bank and state--made the -government the keeper of its own money--repulsed paper money from -the federal treasury--filled the treasury to bursting with solid -gold; and did more for the prosperity of the country than any set of -measures from the foundation of the government. - - - - -CHAPTER XXVI. - -DEBATE BETWEEN MR. CLAY AND MR. CALHOUN: MR. CLAY'S SPEECH: -EXTRACTS. - - -"Who, Mr. President, are the most conspicuous of those who -perseveringly pressed this bill upon Congress and the American -people? Its drawer is the distinguished gentleman in the white house -not far off (Mr. VAN BUREN); its indorser is the distinguished -senator from South Carolina, here present. What the drawer thinks -of the indorser, his cautious reserve and stifled enmity prevent us -from knowing. But the frankness of the indorser has not left us in -the same ignorance with respect to his opinion of the drawer. He has -often expressed it upon the floor of the Senate. On an occasion not -very distant, denying him any of the noble qualities of the royal -beast of the forest, he attributed to him those which belong to the -most crafty, most skulking, and the meanest of the quadruped tribe. -Mr. President, it is due to myself to say, that I do not altogether -share with the senator from South Carolina in this opinion of the -President of the United States. I have always found him, in his -manners and deportment, civil, courteous, and gentlemanly; and he -dispenses, in the noble mansion which he now occupies, one worthy -the residence of the chief magistrate of a great people, a generous -and liberal hospitality. An acquaintance with him of more than -twenty years' duration has inspired me with a respect for the man, -although, I regret to be compelled to say, I detest the magistrate. - -"The eloquent senator from South Carolina has intimated that -the course of my friends and myself, in opposing this bill, was -unpatriotic, and that we ought to have followed in his lead; and, -in a late letter of his, he has spoken of his alliance with us, -and of his motives for quitting it. I cannot admit the justice of -his reproach. We united, if, indeed, there were any alliance in -the case, to restrain the enormous expansion of executive power; -to arrest the progress of corruption; to rebuke usurpation; and to -drive the Goths and Vandals from the capital; to expel Brennus and -his horde from Rome, who, when he threw his sword into the scale, to -augment the ransom demanded from the mistress of the world, showed -his preference for gold; that he was a hard-money chieftain. It was -by the much more valuable metal of iron that he was driven from -her gates. And how often have we witnessed the senator from South -Carolina, with woful countenance, and in doleful strains, pouring -forth touching and mournful eloquence on the degeneracy of the -times, and the downward tendency of the republic? Day after day, in -the Senate, have we seen the displays of his lofty and impassioned -eloquence. Although I shared largely with the senator in his -apprehension for the purity of our institutions, and the permanency -of our civil liberty, disposed always to look at the brighter side -of human affairs, I was sometimes inclined to hope that the vivid -imagination of the senator had depicted the dangers by which we were -encompassed in somewhat stronger colors than they justified. - -"The arduous contest in which we were so long engaged was about -to terminate in a glorious victory. The very object for which the -alliance was formed was about to be accomplished. At this critical -moment the senator left us; he left us for the very purpose of -preventing the success of the common cause. He took up his musket, -knapsack, and shot-pouch, and joined the other party. He went, -horse, foot, and dragoon; and he himself composed the whole corps. -He went, as his present most distinguished ally commenced with his -expunging resolution, _solitary and alone_. The earliest instance -recorded in history, within my recollection, of an ally drawing -off his forces from the combined army, was that of Achilles at the -siege of Troy. He withdrew, with all his troops, and remained in -the neighborhood, in sullen and dignified inactivity. But he did -not join the Trojan forces; and when, during the progress of the -siege, his faithful friend fell in battle, he raised his avenging -arm, drove the Trojans back into the gates of Troy, and satiated his -vengeance by slaying Priam's noblest and dearest son, the finest -hero in the immortal Iliad. But Achilles had been wronged, or -imagined himself wronged, in the person of the fair and beautiful -Briseis. We did no wrong to the distinguished senator from South -Carolina. On the contrary, we respected him, confided in his great -and acknowledged ability, his uncommon genius, his extensive -experience, his supposed patriotism; above all, we confided in -his stern and inflexible fidelity. Nevertheless, he left us, and -joined our common opponents, distrusting and distrusted. He left -us, as he tells us in the Edgefield letter, because the victory -which our common arms were about to achieve, was not to enure to -him and his party, but exclusively to the benefit of his allies and -their cause. I thought that, actuated by patriotism (that noblest -of human virtues), we had been contending together for our common -country, for her violated rights, her threatened liberties, her -prostrate constitution. Never did I suppose that personal or party -considerations entered into our views. Whether, if victory shall -ever again be about to perch upon the standard of the spoils party -(the denomination which the senator from South Carolina has so often -given to his present allies), he will not feel himself constrained, -by the principles on which he has acted, to leave them, because it -may not enure to the benefit of himself and his party, I leave to -be adjusted between themselves. - -"The speech of the senator from South Carolina was plausible, -ingenious, abstract, metaphysical, and generalizing. It did not -appear to me to be adapted to the bosoms and business of human life. -It was aerial, and not very high up in the air, Mr. President, -either--not quite as high as Mr. Clayton was in his last ascension -in his balloon. The senator announced that there was a single -alternative, and no escape from one or the other branch of it. -He stated that we must take the bill under consideration, or the -substitute proposed by the senator from Virginia. I do not concur -in that statement of the case. There is another course embraced in -neither branch of the senator's alternative; and that course is to -do nothing,--always the wisest when you are not certain what you -ought to do. Let us suppose that neither branch of the alternative -is accepted, and that nothing is done. What, then, would be the -consequence? There would be a restoration of the law of 1789, with -all its cautious provisions and securities, provided by the wisdom -of our ancestors, which has been so trampled upon by the late and -present administrations. By that law, establishing the Treasury -department, the treasure of the United States is to be received, -kept, and disbursed by the treasurer, under a bond with ample -security, under a large penalty fixed by law, and not left, as this -bill leaves it, to the uncertain discretion of a Secretary of the -Treasury. If, therefore, we were to do nothing, that law would be -revived; the treasurer would have the custody, as he ought to have, -of the public money, and doubtless he would make special deposits -of it in all instances with safe and sound State banks; as in some -cases the Secretary of the Treasury is now obliged to do. Thus, we -should have in operation that very special deposit system, so much -desired by some gentlemen, by which the public money would remain -separate and unmixed with the money of banks. - -"There is yet another course, unembraced by either branch of the -alternative presented by the senator from South Carolina; and that -is, to establish a bank of the United States, constituted according -to the old and approved method of forming such an institution, -tested and sanctioned by experience; a bank of the United States -which should blend public and private interests, and be subject -to public and private control; united together in such manner -as to present safe and salutary checks against all abuses. The -senator mistakes his own abandonment of that institution as ours. -I know that the party in power has barricaded itself against the -establishment of such a bank. It adopted, at the last extra session, -the extraordinary and unprecedented resolution, that the people of -the United States should not have such a bank, although it might be -manifest that there was a clear majority of them demanding it. But -the day may come, and I trust is not distant, when the will of the -people must prevail in the councils of her own government; and when -it does arrive, a bank will be established. - -"The senator from South Carolina reminds us that we denounced the -pet bank system; and so we did, and so we do. But does it therefore -follow that, bad as that system was, we must be driven into the -acceptance of a system infinitely worse? He tells us that the bill -under consideration takes the public funds out of the hands of the -Executive, and places them in the hands of the law. It does no such -thing. They are now without law, it is true, in the custody of the -Executive; and the bill proposes by law to confirm them in that -custody, and to convey new and enormous powers of control to the -Executive over them. Every custodary of the public funds provided -by the bill is a creature of the Executive, dependent upon his -breath, and subject to the same breath for removal, whenever the -Executive--from caprice, from tyranny, or from party motives--shall -choose to order it. What safety is there for the public money, -if there were a hundred subordinate executive officers charged -with its care, whilst the doctrine of the absolute unity of the -whole executive power, promulgated by the last administration, and -persisted in by this, remains unrevoked and unrebuked? - -"Whilst the senator from South Carolina professes to be the friend -of State banks, he has attacked the whole banking system of the -United States. He is their friend; he only thinks they are all -unconstitutional! Why? Because the coining power is possessed by the -general government; and that coining power, he argues, was intended -to supply a currency of the precious metals; but the State banks -absorb the precious metals, and withdraw them from circulation, -and, therefore, are in conflict with the coining power. That power, -according to my view of it, is nothing but a naked authority to -stamp certain pieces of the precious metals, in fixed proportions of -alloy and pure metal prescribed by law; so that their exact value -be known. When that office is performed, the power is _functus -officio_; the money passes out of the mint, and becomes the lawful -property of those who legally acquire it. They may do with it as -they please,--throw it into the ocean, bury it in the earth, or melt -it in a crucible, without violating any law. When it has once left -the vaults of the mint, the law maker has nothing to do with it, but -to protect it against those who attempt to debase or counterfeit, -and, subsequently, to pass it as lawful money. In the sense in which -the senator supposes banks to conflict with the coining power, -foreign commerce, and especially our commerce with China, conflicts -with it much more extensively. - -"The distinguished senator is no enemy to the banks; he merely -thinks them injurious to the morals and industry of the country. -He likes them very well, but he nevertheless believes that they -levy a tax of twenty-five millions annually on the industry of the -country! The senator from South Carolina would do the banks no -harm; but they are deemed by him highly injurious to the planting -interest! According to him, they inflate prices, and the poor -planter sells his productions for hard money, and has to purchase -his supplies at the swollen prices produced by a paper medium. The -senator tells us that it has been only within a few days that he -has discovered that it is illegal to receive bank notes in payment -of public dues. Does he think that the usage of the government -under all its administrations, and with every party in power, -which has prevailed for nigh fifty years, ought to be set aside -by a novel theory of his, just dreamed into existence, even if it -possess the merit of ingenuity? The bill under consideration, which -has been eulogized by the senator as perfect in its structure and -details, contains a provision that bank notes shall be received -in diminished proportions, during a term of six years. He himself -introduced the identical principle. It is the only part of the bill -that is emphatically his. How, then, can he contend that it is -unconstitutional to receive bank notes in payment of public dues? I -appeal from himself to himself." - -"The doctrine of the senator in 1816 was, as he now states -it, that bank notes being in fact received by the executive, -although contrary to law, it was constitutional to create a Bank -of the United States. And in 1834, finding that bank which was -constitutional in its inception, but had become unconstitutional -in its progress, yet in existence, it was quite constitutional to -propose, as the senator did, to continue it twelve years longer." - -"The senator and I began our public career nearly together; we -remained together throughout the war. We agreed as to a Bank of -the United States--as to a protective tariff--as to internal -improvements; and lately as to those arbitrary and violent measures -which characterized the administration of General Jackson. No two -men ever agreed better together in respect to important measures of -public policy. We concur in nothing now." - - - - -CHAPTER XXVII. - -DEBATE BETWEEN MR. CLAY AND MR. CALHOUN: MR. CALHOUN'S SPEECH; -EXTRACTS. - - -"I rise to fulfil a promise I made some time since, to notice at -my leisure the reply of the senator from Kentucky farthest from me -[Mr CLAY], to my remarks, when I first addressed the Senate on the -subject now under discussion. - -"On comparing with care the reply with the remarks, I am at a loss -to determine whether it is the most remarkable for its omissions -or misstatements. Instead of leaving not a hair in the head of my -arguments, as the senator threatened (to use his not very dignified -expression), he has not even attempted to answer a large, and not -the least weighty, portion; and of that which he has, there is -not one fairly stated, or fairly answered. I speak literally, and -without exaggeration; nor would it be difficult to establish to the -letter what I assert, if I could reconcile it to myself to consume -the time of the Senate in establishing a long series of negative -propositions, in which they could take but little interest, however -important they may be regarded by the senator and myself. To avoid -so idle a consumption of the time, I propose to present a few -instances of his misstatements, from which the rest may be inferred; -and, that I may not be suspected of having selected them, I shall -take them in the order in which they stand in his reply. - -[The argumentative part omitted.] - -"But the senator did not restrict himself to a reply to my -arguments. He introduced personal remarks, which neither -self-respect, nor a regard to the cause I support, will permit -me to pass without notice, as adverse as I am to all personal -controversies. Not only my education and disposition, but, above -all, my conception of the duties belonging to the station I occupy, -indisposes me to such controversies. We are sent here, not to -wrangle, or indulge in personal abuse, but to deliberate and decide -on the common interests of the States of this Union, as far as they -have been subjected by the constitution to our jurisdiction. Thus -thinking and feeling, and having perfect confidence in the cause -I support, I addressed myself, when I was last up, directly and -exclusively to the understanding, carefully avoiding every remark -which had the least personal or party bearing. In proof of this, I -appeal to you, senators, my witnesses and judges on this occasion. -But it seems that no caution on my part could prevent what I was so -anxious to avoid. The senator, having no pretext to give a personal -direction to the discussion, made a premeditated and gratuitous -attack on me. I say having no pretext; for there is not a shadow -of foundation for the assertion that I called on him and his party -to follow my lead, at which he seemed to take offence, as I have -already shown. I made no such call, or any thing that could be -construed into it. It would have been impertinent, in the relation -between myself and his party, at any stage of this question; and -absurd at that late period, when every senator had made up his -mind. As there was, then, neither provocation nor pretext, what -could be the motive of the senator in making the attack? It could -not be to indulge in the pleasure of personal abuse--the lowest -and basest of all our passions; and which is so far beneath the -dignity of the senator's character and station. Nor could it be -with the view to intimidation. The senator knows me too long, and -too well, to make such an attempt. I am sent here by constituents -as respectable as those he represents, in order to watch over their -peculiar interests, and take care of the general concern; and if I -were capable of being deterred by any one, or any consequence, in -discharging my duty, from denouncing what I regarded as dangerous or -corrupt, or giving a decided and zealous support to what I thought -right and expedient, I would, in shame and confusion, return my -commission to the patriotic and gallant State I represent, to be -placed in more resolute and trustworthy hands. - -"If, then, neither the one nor the other of these be the motive, -what, I repeat, can it be? In casting my eyes over the whole surface -I can see but one, which is, that the senator, despairing of the -sufficiency of his reply to overthrow my arguments, had resorted to -personalities, in the hope, with their aid, to effect what he could -not accomplish by main strength. He well knows that the force of -an argument on moral or political subjects depends greatly on the -character of him who advanced it; and that to cast suspicion on his -sincerity or motive, or to shake confidence in his understanding, is -often the most effectual mode to destroy its force. Thus viewed, his -personalities may be fairly regarded as constituting a part of his -reply to my argument; and we, accordingly, find the senator throwing -them in front, like a skilful general, in order to weaken my -arguments before he brought on his main attack. In repelling, then, -his personal attacks, I also defend the cause which I advocate. It -is against that his blows are aimed and he strikes at it through me, -because he believes his blows will be the more effectual. - -"Having given this direction to his reply, he has imposed on me a -double duty to repel his attacks: duty to myself, and to the cause -I support. I shall not decline its performance; and when it is -discharged, I trust I shall have placed my character as far beyond -the darts which he has hurled at it, as my arguments have proved -to be above his abilities to reply to them. In doing this, I shall -be compelled to speak of myself. No one can be more sensible than -I am how odious it is to speak of one's self. I shall endeavor to -confine myself within the limits of the strictest propriety; but if -any thing should escape me that may wound the most delicate ear, -the odium ought in justice to fall not on me, but the senator, who, -by his unprovoked and wanton attack, has imposed on me the painful -necessity of speaking of myself. - -"The leading charge of the senator--that on which all the others -depend, and which, being overthrown, they fall to the ground--is -that I have gone over; have left his side, and joined the other. By -this vague and indefinite expression, I presume he meant to imply -that I had either changed my opinion, or abandoned my principle, -or deserted my party. If he did not mean one, or all; if I have -changed neither opinions, principles, nor party, then the charge -meant nothing deserving notice. But if he intended to imply, what -I have presumed he did, I take issue on the fact--I meet and repel -the charge. It happened, fortunately for me, fortunately for the -cause of truth and justice, that it was not the first time that I -had offered my sentiments on the question now under consideration. -There is scarcely a single point in the present issue on which I -did not explicitly express my opinion, four years ago, in my place -here, when the removal of the deposits and the questions connected -with it were under discussion--so explicitly as to repel effectually -the charge of any change on my part; and to make it impossible for -me to pursue any other course than I have without involving myself -in gross inconsistency. I intend not to leave so important a point -to rest on my bare assertion. What I assert stands on record, which -I now hold in my possession, and intend, at the proper time, to -introduce and read. But, before I do that, it will be proper I -should state the questions now at issue, and my course in relation -to them; so that, having a clear and distinct perception of them, -you may, senators, readily and satisfactorily compare and determine -whether my course on the present occasion coincides with the -opinions I then expressed. - -"There are three questions, as is agreed by all, involved in the -present issue: Shall we separate the government from the banks, or -shall we revive the league of State banks, or create a national -bank? My opinion and course in reference to each are well known. -I prefer the separation to either of the others; and, as between -the other two, I regard a national bank as a more efficient, and -a less corrupting fiscal agent than a league of State banks. It -is also well known that I have expressed myself on the present -occasion hostile to the banking system, as it exists; and against -the constitutional power of making a bank, unless on the assumption -that we have the right to receive and treat bank-notes as cash in -our fiscal operations, which I, for the first time, have denied on -the present occasion. Now, I entertained and expressed all these -opinions, on a different occasion, four years ago, except the right -of receiving bank-notes, in regard to which I then reserved my -opinion; and if all this should be fully and clearly established -by the record, from speeches delivered and published at the time, -the charge of the senator must, in the opinion of all, however -prejudiced, sink to the ground. I am now prepared to introduce, and -have the record read. I delivered two speeches in the session of -1833-'34, one on the removal of the deposits, and the other on the -question of the renewal of the charter of the late bank. I ask the -secretary to turn to the volume lying before him, and read the three -paragraphs marked in my speech on the deposits. I will thank him -to raise his voice, and read slowly, so that he may be distinctly -heard; and I must ask you, senators, to give your attentive hearing; -for on the coincidence between my opinions then and my course now, -my vindication against this unprovoked and groundless charge rests. - -"[The secretary of the Senate read as requested.] - -"Such were my sentiments, delivered four years since, on the -question of the removal of the deposits, and now standing on record; -and I now call your attention senators, while they are fresh in -your minds, and before other extracts are read, to the opinions I -then entertained and expressed, in order that you may compare them -with those that I have expressed, and the course I have pursued on -the present occasion. In the first place, I then expressed myself -explicitly and decidedly against the banking system, and intimated, -in language too strong to be mistaken, that, if the question -was then bank or no bank, as it now is, as far as government is -concerned, I would not be found on the side of the bank. Now, I -ask, I appeal to the candor of all, even the most prejudiced, is -there any thing in all this contradictory to my present opinions -or course? On the contrary, having entertained and expressed these -opinions, could I, at this time, when the issue I then supposed -is actually presented, have gone against the separation without -gross inconsistency? Again, I then declared myself to be utterly -opposed to a combination or league of State banks, as being the -most efficient and corrupting fiscal agent the government could -select, and more objectionable than a bank of the United States. -I again appeal, is there a sentiment or a word in all this -contradictory to what I have said, or done, on the present occasion? -So far otherwise, is there not a perfect harmony and coincidence -throughout, which, considering the distance of time and the -difference of the occasion, is truly remarkable; and this extending -to all the great and governing questions now at issue? - -"To prove all this I again refer to the record. If it shall appear -from it that my object was to disconnect the government gradually -and cautiously from the banking system, and with that view, and -that only, I proposed to use the Bank of the United States for a -short time, and that I explicitly expressed the same opinions then -as I now have on almost every point connected with the system; I -shall not only have vindicated my character from the charge of the -senator from Kentucky, but shall do more, much more to show that -I did all an individual, standing alone, as I did, could do to -avert the present calamities: and, of course, I am free from all -responsibility for what has since happened. I have shortened the -extracts, as far as was possible to do justice to myself, and have -left out much that ought, of right, to be read in my defence, rather -than to weary the Senate. I know how difficult it is to command -attention to reading of documents; but I trust that this, where -justice to a member of the body, whose character has been assailed, -without the least provocation, will form an exception. The extracts -are numbered, and I will thank the secretary to pause at the end of -each, unless otherwise desired. - -"[The secretary read as requested.] - -"But the removal of the deposits was not the only question discussed -at that remarkable and important session. The charter of the United -States Bank was then about to expire. The senator from Massachusetts -nearest to me [Mr. WEBSTER], then at the head of the committee on -finance, suggested, in his place, that he intended to introduce a -bill to renew the charter. I clearly perceived that the movement, if -made, would fail; and that there was no prospect of doing any thing -to arrest the danger approaching, unless the subject was taken up -on the broad question of the currency; and that if any connection -of the government with the banks could be justified at all, it must -be in that relation. I am not among those who believe that the -currency was in a sound condition when the deposits were removed -in 1834. I then believed, and experience has proved I was correct, -that it was deeply and dangerously diseased; and that the most -efficient measures were necessary to prevent the catastrophe which -has since fallen on the circulation of the country. There was then -not more than one dollar in specie, on an average, in the banks, -including the United States Bank and all, for six of bank notes in -circulation; and not more than one in eleven compared to liabilities -of the banks; and this while the United States Bank was in full and -active operation; which proves conclusively that its charter ought -not to be renewed, if renewed at all, without great modifications. -I saw also that the expansion of the circulation, great as it then -was, must still farther increase; that the disease lay deep in the -system; that the terms on which the charter of the Bank of England -was renewed would give a western direction to specie, which, instead -of correcting the disorder, by substituting specie for bank notes in -our circulation, would become the basis of new banking operations -that would greatly increase the swelling tide. Such were my -conceptions then, and I honestly and earnestly endeavored to carry -them into effect, in order to prevent the approaching catastrophe. - -"The political and personal relations between myself and the senator -from Massachusetts [Mr. WEBSTER], were then not the kindest. We -stood in opposition at the preceding session on the great question -growing out of the conflict between the State I represented and -the general government, which could not pass away without leaving -unfriendly feelings on both sides; but where duty is involved, I am -not in the habit of permitting my personal relations to interfere. -In my solicitude to avoid coming dangers, I sought an interview, -through a common friend, in order to compare opinions as to the -proper course to be pursued. We met, and conversed freely and fully, -but parted without agreeing. I expressed to him my deep regret -at our disagreement, and informed him that, although I could not -agree with him, I would throw no embarrassment in his way; but -should feel it to be my duty, when he made his motion to introduce -a bill to renew the charter of the bank, to express my opinion -at large on the state of the currency and the proper course to -be pursued; which I accordingly did. On that memorable occasion -I stood almost alone. One party supported the league of State -banks, and the other the United States Bank, the charter of which -the senator from Massachusetts [Mr. WEBSTER.] proposed to renew -for six years. Nothing was left me but to place myself distinctly -before the country on the ground I occupied, which I did fully and -explicitly in the speech I delivered on the occasion. In justice -to myself, I ought to have every word of it read on the present -occasion. It would of itself be a full vindication of my course. -I stated and enlarged on all the points to which I have already -referred; objected to the recharter as proposed by the mover; and -foretold that what has since happened would follow, unless something -effectual was done to prevent it. As a remedy, I proposed to use the -Bank of the United States as a temporary expedient, fortified with -strong guards, in order to resist and turn back the swelling tide of -circulation. - -"After having so expressed myself, which clearly shows that my -object was to use the bank for a time in such a manner as to break -the connection with the system, without a shock to the country or -currency, I then proceed and examine the question, whether this -could be best accomplished by the renewal of the charter of the -United States Bank, or through a league of State banks. After -concluding what I had to say on the subject, in my deep solicitude -I addressed the three parties in the Senate separately, urging -such motives as I thought best calculated to act on them; and -pressing them to join me in the measure suggested, in order to avert -approaching danger. I began with my friends of the State rights -party, and with the administration. I have taken copious extracts -from the address to the first, which will clearly prove how exactly -my opinions then and now coincide on all questions connected with -the banks. I now ask the secretary to read the extract numbered two. - -"[The secretary read accordingly.] - -"I regret to trespass on the patience of the Senate, but I wish, -in justice to myself, to ask their attention to one more, which, -though not immediately relating to the question under consideration, -is not irrelevant to my vindication. I not only expressed my -opinions freely in relation to the currency and the bank, in the -speech from which such copious extracts have been read, but had the -precaution to define my political position distinctly in reference -to the political parties of the day, and the course I would pursue -in relation to each. I then, as now, belonged to the party to -which it is my glory ever to have been attached exclusively; and -avowed, explicitly, that I belonged to neither of the two parties, -opposition or administration, then contending for superiority; which -of itself ought to go far to repel the charge of the senator from -Kentucky, that I have gone over from one party to the other. The -secretary will read the last extract. - -"[The secretary read.] - -"Such, senators, are my recorded sentiments in 1834. They are full -and explicit on all the questions involved in the present issue, -and prove, beyond the possibility of doubt, that I have changed no -opinion, abandoned no principle, nor deserted any party. I stand now -on the ground I stood then, and, of course, if my relations to the -two opposing parties are changed--if I now act with those I then -opposed, and oppose those with whom I then acted, the change is -not in me. I, at least, have stood still. In saying this, I accuse -none of changing. I leave others to explain their position, now and -then, if they deem explanation necessary. But, if I may be permitted -to state my opinion, I would say that the change is rather in the -questions and the circumstances, than in the opinions or principles -of either of the parties. The opposition were then, and are now, -national bank men, and the administration, in like manner, were -anti-national bank, and in favor of a league of State banks; while -I preferred then, as now, the former to the latter, and a divorce -from banks to either. When the experiment of the league failed, the -administration were reduced to the option between a national bank -and a divorce. They chose the latter, and such, I have no reason -to doubt, would have been their choice, had the option been the -same four years ago. Nor have I any doubt, had the option been then -between a league of banks and divorce, the opposition then, as now, -would have been in favor of the league. In all this there is more -apparent than real change. As to myself, there has been neither. If -I acted with the opposition and opposed the administration then, it -was because I was openly opposed to the removal of the deposits and -the league of banks, as I now am; and if I now act with the latter -and oppose the former, it is because I am now, as then, in favor -of a divorce, and opposed to either a league of State banks or a -national bank, except, indeed, as the means of effecting a divorce -gradually and safely. What, then, is my offence? What but refusing -to abandon my first choice, the divorce from the banks, because the -administration has selected it, and of going with the opposition for -a national bank, to which I have been and am still opposed? That is -all; and for this I am charged with going over--leaving one party -and joining the other. - -"Yet, in the face of all this, the senator has not only made the -charge, but has said, in his place, that he heard, for the first -time in his life, at the extra session, that I was opposed to a -national bank! I could place the senator in a dilemma from which -there is no possibility of escape. I might say to him, you have -either forgot, or not, what I said in 1834. If you have not, how -can you justify yourself in making the charge you have? But if you -have--if you have forgot what is so recent, and what, from the -magnitude of the question and the importance of the occasion, was -so well calculated to impress itself on your memory, what possible -value can be attached to your recollection or opinions, as to my -course on more remote and less memorable occasions, on which you -have undertaken to impeach my conduct? He may take his choice. - -"Having now established by the record that I have changed no -opinion, abandoned no principle, nor deserted any party, the charge -of the senator, with all the aspersions with which he accompanied -it, falls prostrate to the earth. Here I might leave the subject, -and close my vindication. But I choose not. I shall follow the -senator up, step by step, in his unprovoked, and I may now add, -groundless attack, with blows not less decisive and victorious. - -"The senator next proceeded to state, that in a certain document -(if he named it, I did not hear him) I assigned as the reason why I -could not join in the attack on the administration, that the benefit -of the victory would not enure to myself, or my party; or, as he -explained himself, because it would not place myself and them in -power. I presume he referred to a letter, in answer to an invitation -to a public dinner, offered me by my old and faithful friends and -constituents of Edgefield, in approbation of my course at the extra -session. - -"[Mr. CLAY. I do.] - -"The pressure of domestic engagements would not permit me to accept -their invitation; and, in declining it, I deemed it due to them and -myself to explain my course, in its political and party bearing, -more fully than I had done in debate. They had a right to know my -reasons, and I expressed myself with the frankness due to the long -and uninterrupted confidence that had ever existed between us. - -"Having made these explanatory remarks, I now proceed to meet -the assertion of the senator. I again take issue on the fact. I -assigned no such reason as the senator attributes to me. I never -dreamed nor thought of such a one; nor can any force of construction -extort such from what I said. No; my object was not power or place, -either for myself or party. I was far more humble and honest. It was -to save ourselves and our principles from being absorbed and lost in -a party, more numerous and powerful; but differing from us on almost -every principle and question of policy. - -"When the suspension of specie payments took place in May last -(not unexpected to me), I immediately turned my attention to the -event earnestly, considering it as an event pregnant with great and -lasting consequences. Reviewing the whole ground, I saw nothing to -change in the opinions and principles I had avowed in 1834; and I -determined to carry them out, as far as circumstances and my ability -would enable me. But I saw that my course must be influenced by -the position which the two great contending parties might take in -reference to the question. I did not doubt that the opposition -would rally either on a national bank, or a combination of State -banks, with Mr. Biddle's at the head; but I was wholly uncertain -what course the administration would adopt, and remained so until -the message of the President was received and read by the secretary -at his table. When I saw he went for a divorce, I never hesitated -a moment. Not only my opinions and principles long entertained, -and, as I have shown, fully expressed years ago, but the highest -political motives, left me no alternative. I perceived at once -that the object, to accomplish which we had acted in concert with -the opposition, had ceased: Executive usurpations had come to an -end for the present: and that the struggle with the administration -was no longer for power, but to save themselves. I also clearly -saw, that if we should unite with the opposition in their attack -on the administration, the victory over them, in the position they -occupied, would be a victory over us and our principles. It required -no sagacity to see that such would be the result. It was as plain -as day. The administration had taken position, as I have shown, -on the very ground I occupied in 1834; and which the whole State -rights party had taken at the same time in the other House, as its -journals will prove. The opposition, under the banner of the bank, -were moving against them for the very reason that they had taken the -ground they did. - -"Now, I ask, what would have been the result if we had joined in the -attack? No one can now doubt that the victory over those in power -would have been certain and decisive, nor would the consequences -have been the least doubtful. The first fruit would have been a -national bank. The principles of the opposition, and the very object -of the attack, would have necessarily led to that. We would have -been not only too feeble to resist, but would have been committed -by joining in the attack with its avowed object to go for one, while -those who support the administration would have been scattered in -the winds. We should then have had a bank--that is clear; nor is -it less certain, that in its train there would have followed all -the consequences which have and ever will follow, when tried--high -duties, overflowing revenue, extravagant expenditures, large -surpluses; in a word, all those disastrous consequences which have -well near overthrown our institutions, and involved the country -in its present difficulties. The influence of the institution, -the known principles and policy of the opposition, and the utter -prostration of the administration party, and the absorption of ours, -would have led to these results as certainly as we exist. - -"I now appeal, senators, to your candor and justice, and ask, -could I, having all these consequences before me, with my known -opinions and that of the party to which I belong, and to which only -I owe fidelity, have acted differently from what I did? Would not -any other course have justly exposed me to the charge of having -abandoned my principles and party, with which I am now accused -so unjustly? Nay, would it not have been worse than folly--been -madness in me, to have taken any other? And yet, the grounds which -I have assumed in this exposition are the very _reasons_ assigned -in my letter, and which the senator has perverted most unfairly and -unjustly into the pitiful, personal, and selfish reason, which he -has attributed to me. Confirmative of what I say, I again appeal -to the record. The secretary will read the paragraph marked in my -Edgefield letter, to which, I presume, the senator alluded. - -"[The secretary of the Senate reads:] - -"As soon as I saw this state of things, I clearly perceived that a -very important question was presented for our determination, which -we were compelled to decide forthwith--shall we continue our joint -attack with the Nationals on those in power, in the new position -which they have been compelled to occupy? It was clear, with our -joint forces, we could utterly overthrow and demolish them; but it -was not less clear that the victory would enure, not to us, but -exclusively to the benefit of our allies and their cause. They were -the most numerous and powerful, and the point of assault on the -position which the party to be assaulted had taken in relation to -the banks, would have greatly strengthened the settled principles -and policy of the National party, and weakened, in the same degree, -ours. They are, and ever have been, the decided advocates of a -national bank; and are now in favor of one with a capital so ample -as to be sufficient to control the State institutions, and to -regulate the currency and exchanges of the country. To join them -with their avowed object in the attack to overthrow those in power, -on the ground they occupied against a bank, would, of course, not -only have placed the government and country in their hands without -opposition, but would have committed us, beyond the possibility of -extrication, for a bank; and absorbed our party in the ranks of -the National Republicans. The first fruits of the victory would -have been an overshadowing National Bank, with an immense capital, -not less than from fifty to a hundred millions; which would have -centralized the currency and exchanges, and with them the commerce -and capital of the country, in whatever section the head of the -institution might be placed. The next would be the indissoluble -union of the political opponents, whose principles and policy are so -opposite to ours, and so dangerous to our institutions, as well as -oppressive to us. - -"I now ask, is there any thing in this extract which will warrant -the construction that the senator has attempted to force on it? Is -it not manifest that the expression on which he fixes, that the -victory would enure, not to us, but exclusively to the benefit of -the opposition, alludes not to power or place, but to principle -and policy? Can words be more plain? What then becomes of all the -aspersions of the senator, his reflections about selfishness and -the want of patriotism, and his allusions and illustrations to give -them force and effect? They fall to the ground without deserving a -notice, with his groundless accusation. - -"But, in so premeditated and indiscriminate an attack, it could -not be expected that my motives would entirely escape; and we -accordingly find the senator very charitably leaving it to time to -disclose my motive for going over. Leave it to time to disclose my -motive for going over! I who have changed no opinion, abandoned -no principle, and deserted no party: I, who have stood still, and -maintained my ground against every difficulty, to be told that it -is left to time to disclose my motive! The imputation sinks to the -earth with the groundless charge on which it rests. I stamp it with -scorn in the dust. I pick up the dart, which fell harmless at my -feet. I hurl it back. What the senator charges on me unjustly, _he -has actually done_. He went over on a memorable occasion, and did -not leave it to time to disclose his motive. - -"The senator next tells us that I bore a character for stern -fidelity; which he accompanied with remarks implying that I had -forfeited it by my course on the present occasion. If he means -by stern fidelity a devoted attachment to duty and principle, -which nothing can overcome, the character is, indeed, a high -one; and I trust, not entirely unmerited. I have, at least, the -authority of the senator himself for saying that it belonged to -me before the present occasion, and it is, of course, incumbent -on him to show that I have since forfeited it. He will find the -task a Herculean one. It would be by far more easy to show the -opposite; that, instead of forfeiting, I have strengthened my title -to the character; instead of abandoning any principles, I have -firmly adhered to them; and that too, under the most appalling -difficulties. If I were to select an instance in the whole course -of my life on which, above all others, to rest my claim to the -character which the senator attributed to me, it would be this very -one, which he has selected to prove that I have forfeited it. - -"I acted with the full knowledge of the difficulties I had to -encounter, and the responsibility I must incur. I saw a great and -powerful party, probably the most powerful in the country, eagerly -seizing on the catastrophe which had befallen the currency, and -the consequent embarrassments that followed, to displace those in -power, against whom they had been long contending. I saw that, -to stand between them and their object, I must necessarily incur -their deep and lasting displeasure. I also saw that, to maintain -the administration in the position they had taken--to separate -the government from the banks, I would draw down on me, with the -exception of some of the southern banks, the whole weight of that -extensive, concentrated, and powerful interest--the most powerful -by far of any in the whole community; and thus I would unite -against me a combination of political and moneyed influence almost -irresistible. Nor was this all. I could not but see that, however -pure and disinterested my motives, and however consistent my course -with all I had ever said or done, I would be exposed to the very -charges and aspersions which I am now repelling. The ease with which -they could be made, and the temptation to make them, I saw were too -great to be resisted by the party morality of the day--as groundless -as I have demonstrated them. But there was another consequence that -I could not but foresee, far more painful to me than all others. -I but too clearly saw that, in so sudden and complex a juncture, -called on as I was to decide on my course instantly, as it were, on -the field of battle, without consultation, or explaining my reasons, -I would estrange for a time many of my political friends, who had -passed through with me so many trials and difficulties, and for whom -I feel a brother's love. But I saw before me the path of duty, and, -though rugged, and hedged on all sides with these and many other -difficulties, I did not hesitate a moment to take it. After I had -made up my mind as to my course, in a conversation with a friend -about the responsibility I would assume, he remarked that my own -State might desert me. I replied that it was not impossible; but -the result has proved that I under-estimated the intelligence and -patriotism of my virtuous and noble State. I ask her pardon for the -distrust implied in my answer; but I ask with assurance it will be -granted, on the grounds I shall put it--that, in being prepared to -sacrifice her confidence, as dear to me as light and life, rather -than disobey on this great question, the dictates of my judgment -and conscience, I proved myself worthy of being her representative. - -"But if the senator, in attributing to me stern fidelity, meant, -not devotion to principle, but to party, and especially the party -of which he is so prominent a member, my answer is, that I never -belonged to his party, nor owed it any fidelity; and, of course, -could forfeit, in reference to it, no character for fidelity. It -is true, we acted in concert against what we believed to be the -usurpations of the Executive; and it is true that, during the time, -I saw much to esteem in those with whom I acted, and contracted -friendly relations with many; which I shall not be the first -to forget. It is also true that a common party designation was -applied to the opposition in the aggregate--not, however, with my -approbation; but it is no less true that it was universally known -that it consisted of two distinct parties, dissimilar in principle -and policy, except in relation to the object for which they had -united: the national republican party, and the portion of the State -rights party which had separated from the administration, on the -ground that it had departed from the true principles of the original -party. That I belonged exclusively to that detached portion, and -to neither the opposition nor administration party, I prove by my -explicit declaration, contained in one of the extracts read from -my speech on the currency in 1834. That the party generally, and -the State which I represent in part, stood aloof from both of -the parties, may be established from the fact that they refused -to mingle in the party and political contests of the day. My -State withheld her electoral vote in two successive presidential -elections; and, rather than to bestow it on either the senator from -Kentucky, or the distinguished citizen whom he opposed, in the first -of those elections, she threw her vote on a patriotic citizen of -Virginia, since deceased, of her own politics; but who was not a -candidate; and, in the last, she refused to give it to the worthy -senator from Tennessee near me (Judge WHITE), though his principles -and views of policy approach so much nearer to hers than that of the -party to which the senator from Kentucky belongs. - -"And here, Mr. President, I avail myself of the opportunity to -declare my present political position, so that there may be no -mistake hereafter. I belong to the old Republican State Rights party -of '98. To that, and that alone, I owe fidelity, and by that I -shall stand through every change, and in spite of every difficulty. -Its creed is to be found in the Kentucky resolutions, and Virginia -resolutions and report; and its policy is to confine the action of -this government within the narrowest limits compatible with the -peace and security of these States, and the objects for which the -Union was expressly formed. I, as one of that party, shall support -all who support its principles and policy, and oppose all who oppose -them. I have given, and shall continue to give, the administration -a hearty and sincere support on the great question now under -discussion, because I regard it as in strict conformity to our creed -and policy; and shall do every thing in my power to sustain them -under the great responsibility which they have assumed. But let me -tell those who are more interested in sustaining them than myself, -that the danger which threatens them lies not here, but in another -quarter. This measure will tend to uphold them, if they stand fast, -and adhere to it with fidelity. But, if they wish to know where the -danger is, let them look to the fiscal department of the government. -I said, years ago, that we were committing an error the reverse of -the great and dangerous one that was committed in 1828, and to which -we owe our present difficulties, and all we have since experienced. -Then we raised the revenue greatly, when the expenditures were about -to be reduced by the discharge of the public debt; and now we have -doubled the disbursements, when the revenue is rapidly decreasing; -an error, which, although probably not so fatal to the country, will -prove, if immediate and vigorous measures be not adopted, far more -so to those in power. - -"But the senator did not confine his attack to my conduct and -motives in reference to the present question. In his eagerness to -weaken the cause I support, by destroying confidence in me, he made -an indiscriminate attack on my intellectual faculties, which he -characterized as metaphysical, eccentric, too much of genius, and -too little common sense; and of course wanting a sound and practical -judgment. - -"Mr. President, according to my opinion, there is nothing of which -those who are endowed with superior mental faculties ought to be -more cautious, than to reproach those with their deficiency to -whom Providence has been less liberal. The faculties of our mind -are the immediate gift of our Creator, for which we are no farther -responsible than for their proper cultivation, according to our -opportunities, and their proper application to control and regulate -our actions. Thus thinking, I trust I shall be the last to assume -superiority on my part, or reproach any one with inferiority on his; -but those who do not regard the rule, when applied to others, cannot -expect it to be observed when applied to themselves. The critic must -expect to be criticised; and he who points out the faults of others, -to have his own pointed out. - -"I cannot retort on the senator the charge of being metaphysical. -I cannot accuse him of possessing the powers of analysis and -generalization, those higher faculties of the mind (called -metaphysical by those who do not possess them), which decompose -and resolve into their elements the complex masses of ideas that -exist in the world of mind--as chemistry does the bodies that -surround us in the material world; and without which those deep -and hidden causes which are in constant action, and producing such -mighty changes in the condition of society, would operate unseen -and undetected. The absence of these higher qualities of the mind -is conspicuous throughout the whole course of the senator's public -life. To this it may be traced that he prefers the specious to the -solid, and the plausible to the true. To the same cause, combined -with an ardent temperament, it is owing that we ever find him -mounted on some popular and favorite measure, which he whips along, -cheered by the shouts of the multitude, and never dismounts till -he has rode it down. Thus, at one time, we find him mounted on the -protective system, which he rode down; at another, on internal -improvement; and now he is mounted on a bank, which will surely -share the same fate, unless those who are immediately interested -shall stop him in his headlong career. It is the fault of his mind -to seize on a few prominent and striking advantages, and to pursue -them eagerly without looking to consequences. Thus, in the case -of the protective system, he was struck with the advantages of -manufactures; and, believing that high duties was the proper mode of -protecting them, he pushed forward the system, without seeing that -he was enriching one portion of the country at the expense of the -other; corrupting the one and alienating the other; and, finally, -dividing the community into two great hostile interests, which -terminated in the overthrow of the system itself. So, now, he looks -only to a uniform currency, and a bank as the means of securing it, -without once reflecting how far the banking system has progressed, -and the difficulties that impede its farther progress; that banking -and politics are running together to their mutual destruction; and -that the only possible mode of saving his favorite system is to -separate it from the government. - -"To the defects of understanding, which the senator attributes to -me, I make no reply. It is for others, and not me, to determine the -portion of understanding which it has pleased the Author of my being -to bestow on me. It is, however, fortunate for me, that the standard -by which I shall be judged is not the false, prejudiced, and, as I -have shown, unfounded opinion which the senator has expressed; but -my acts. They furnish materials, neither few nor scant, to form a -just estimate of my mental faculties. I have now been more than -twenty-six years continuously in the service of this government, -in various stations, and have taken part in almost all the great -questions which have agitated this country during this long and -important period. Throughout the whole I have never followed events, -but have taken my stand in advance, openly and freely avowing my -opinions on all questions, and leaving it to time and experience -to condemn or approve my course. Thus acting, I have often, and on -great questions, separated from those with whom I usually acted, -and if I am really so defective in sound and practical judgment -as the senator represents, the proof, if to be found any where, -must be found in such instances, or where I have acted on my sole -responsibility. Now, I ask, in which of the many instances of the -kind is such proof to be found? It is not my intention to call to -the recollection of the Senate all such; but that you, senators, may -judge for yourselves, it is due in justice to myself, that I should -suggest a few of the most prominent, which at the time were regarded -as the senator now considers the present; and then, as now, because -where duty is involved, I would not submit to party trammels. - -"I go back to the commencement of my public life, the war session, -as it was usually called, of 1812, when I first took my seat in -the other House, a young man, without experience to guide me, and -I shall select, as the first instance, the Navy. At that time the -administration and the party to which I was strongly attached -were decidedly opposed to this important arm of service. It was -considered anti-republican to support it; but acting with my then -distinguished colleague, Mr. Cheves, who led the way, I did not -hesitate to give it my hearty support, regardless of party ties. -Does this instance sustain the charge of the senator? - -"The next I shall select is the restrictive system of that day, the -embargo, the non-importation and non-intercourse acts. This, too, -was a party measure which had been long and warmly contested, and -of course the lines of party well drawn. Young and inexperienced as -I was, I saw its defects, and resolutely opposed it, almost alone -of my party. The second or third speech I made, after I took my -seat, was in open denunciation of the system; and I may refer to the -grounds I then assumed, the truth of which have been confirmed by -time and experience, with pride and confidence. This will scarcely -be selected by the senator to make good his charge. - -"I pass over other instances, and come to Mr. Dallas's bank -of 1814-15. That, too, was a party measure. Banking was then -comparatively but little understood, and it may seem astonishing, -at this time, that such a project should ever have received any -countenance or support. It proposed to create a bank of $50,000,000, -to consist almost entirely of what was called then the war stocks; -that is, the public debt created in carrying on the then war. It was -provided that the bank should not pay specie during the war, and -for three years after its termination, for carrying on which it was -to lend the government the funds. In plain language, the government -was to borrow back its own credit from the bank, and pay to the -institution six per cent. for its use. I had scarcely ever before -seriously thought of banks or banking, but I clearly saw through -the operation, and the danger to the government and country; and, -regardless of party ties or denunciations, I opposed and defeated -it in the manner I explained at the extra session. I then subjected -myself to the very charge which the senator now makes; but time has -done me justice, as it will in the present instance. - -"Passing the intervening instances, I come down to my administration -of the War Department, where I acted on my own judgment and -responsibility. It is known to all, that the department, at -that time, was perfectly disorganized, with not much less than -$50,000,000 of outstanding and unsettled accounts; and the greatest -confusion in every branch of service. Though without experience, I -prepared, shortly after I went in, the bill for its organization, -and on its passage I drew up the body of rules for carrying the act -into execution; both of which remain substantially unchanged to this -day. After reducing the outstanding accounts to a few millions, and -introducing order and accountability in every branch of service, -and bringing down the expenditure of the army from four to two and -a half millions annually, without subtracting a single comfort from -either officer or soldier, I left the department in a condition that -might well be compared to the best in any country. If I am deficient -in the qualities which the senator attributes to me, here in this -mass of details and business it ought to be discovered. Will he look -to this to make good his charge? - -"From the war department I was transferred to the Chair which you -now occupy. How I acquitted myself in the discharge of its duties, I -leave it to the body to decide, without adding a word. The station, -from its leisure, gave me a good opportunity to study the genius of -the prominent measure of the day, called then the American system; -of which I profited. I soon perceived where its errors lay, and -how it would operate. I clearly saw its desolating effects in one -section, and corrupting influence in the other; and when I saw that -it could not be arrested here, I fell back on my own State, and a -blow was given to a system destined to destroy our institutions, if -not overthrown, which brought it to the ground. This brings me down -to the present times, and where passions and prejudices are yet too -strong to make an appeal, with any prospect of a fair and impartial -verdict. I then transfer this, and all my subsequent acts, including -the present, to the tribunal of posterity; with a perfect confidence -that nothing will be found, in what I have said or done, to impeach -my integrity or understanding. - -"I have now, senators, repelled the attacks on me. I have settled -the account and cancelled the debt between me and my accuser. I -have not sought this controversy, nor have I shunned it when forced -on me. I have acted on the defensive, and if it is to continue, -which rests with the senator, I shall throughout continue so to -act. I know too well the advantage of my position to surrender it. -The senator commenced the controversy, and it is but right that he -should be responsible for the direction it shall hereafter take. Be -his determination what it may, I stand prepared to meet him." - - - - -CHAPTER XXVIII. - -DEBATE BETWEEN MR. CLAY AND MR. CALHOUN REJOINDERS BY EACH. - - -MR. CLAY:--"As to the personal part of the speech of the senator -from South Carolina, I must take the occasion to say that no man -is more sincerely anxious to avoid all personal controversy than -myself. And I may confidently appeal to the whole course of my life -for the confirmation of that disposition. No man cherishes less than -I do feelings of resentment; none forgets or forgives an injury -sooner than I do. The duty which I had to perform in animadverting -upon the public conduct and course of the senator from South -Carolina was painful in the extreme; but it was, nevertheless, a -public duty; and I shrink from the performance of no duty required -at my hands by my country. It was painful, because I had long -served in the public councils with the senator from South Carolina, -admired his genius, and for a great while had been upon terms of -intimacy with him. Throughout my whole acquaintance with him, I -have constantly struggled to think well of him, and to ascribe to -him public virtues. Even after his famous summerset at the extra -session, on more than one occasion I defended his motives when he -was assailed; and insisted that it was uncharitable to attribute to -him others than those which he himself avowed. This I continued to -do, until I read this most extraordinary and exceptionable letter: -[Here Mr. Clay held up and exhibited to the Senate the Edgefield -letter, dated at Fort Hill, November 3, 1837:] a letter of which I -cannot speak in merited terms, without a departure from the respect -which I owe to the Senate and to myself. When I read that letter, -sir, its unblushing avowals, and its unjust reproaches cast upon -my friends and myself, I was most reluctantly compelled to change -my opinion of the honorable senator from South Carolina. One so -distinguished as he is, cannot expect to be indulged with speaking -as he pleases of others, without a reciprocal privilege. He cannot -suppose that he may set to the right or the left, cut in and out, -and _chasse_, among principles and parties as often as he pleases, -without animadversion. I did, indeed, understand the senator to -say, in his former speech, that we, the whigs, were unwise and -_unpatriotic_ in not uniting with him in supporting the bill under -consideration. But in that Edgefield letter, among the motives which -he assigns for leaving us, I understand him to declare that he could -not 'back and sustain those in such opposition, in whose wisdom, -firmness, and patriotism, I have no reason to confide.' - -"After having written and published to the world such a letter as -that, and after what has fallen from the senator, in the progress -of this debate, towards my political friends, does he imagine that -he can persuade himself and the country that he really occupies, on -this occasion, a defensive attitude? In that letter he says: - - "'I clearly saw that our bold and vigorous attacks had made - a deep and successful impression. State interposition had - overthrown the protective tariff, and with it the American - system, and put a stop to the congressional usurpation; and the - joint attacks of our party, and that of our old opponents, the - national republicans, had effectually brought down the power of - the Executive, and arrested its encroachments for the present. - It was for that purpose we had united. True to our principle of - opposition to the encroachment of power, from whatever quarter - it might come, we did not hesitate, after overthrowing the - protective system, and arresting legislative usurpation, to join - the authors of that system, in order to arrest the encroachments - of the Executive, although we differed as widely as the poles on - almost every other question, and regarded the usurpation of the - Executive but as a necessary consequence of the principles and - policy of our new allies.' - -"State interposition!--that is as I understand the senator from -South Carolina; nullification, he asserts, overthrew the protective -tariff and the American system. And can that senator, knowing what -he knows, and what I know, deliberately make such an assertion here? -I had heard similar boasts before, but did not regard them, until I -saw them coupled in this letter with the imputation of a purpose on -the part of my friends to disregard the compromise, and revive the -high tariff. Nullification, Mr. President, overthrew the protective -policy! No, sir. The compromise was not extorted by the terror of -nullification. Among other more important motives that influenced -its passage, it was a compassionate concession to the imprudence -and impotency of nullification! The danger from nullification -itself excited no more apprehension than would be felt by seeing a -regiment of a thousand boys, of five or six years of age, decorated -in brilliant uniforms, with their gaudy plumes and tiny muskets, -marching up to assault a corps of 50,000 grenadiers, six feet high. -At the commencement of the session of 1832, the senator from South -Carolina was in any condition other than that of dictating terms. -Those of us who were then here must recollect well his haggard -looks and his anxious and depressed countenance. A highly estimable -friend of mine, Mr. J. M. Clayton, of Delaware, alluding to the -possibility of a rupture with South Carolina, and declarations of -President Jackson with respect to certain distinguished individuals -whom he had denounced and proscribed, said to me, on more than one -occasion, referring to the senator from South Carolina and some of -his colleagues, "They are clever fellows, and it will never do to -let old Jackson hang them." Sir, this disclosure is extorted from me -by the senator. - -"So far from nullification having overthrown the protective policy, -in assenting to the compromise, it expressly sanctioned the -constitutional power which it had so strongly controverted, and -perpetuated it. There is protection from one end to the other in -the compromise act; modified and limited it is true, but protection -nevertheless. There is protection, adequate and abundant protection, -until the year 1842; and protection indefinitely beyond it. Until -that year, the biennial reduction of duties is slow and moderate, -such as was perfectly satisfactory to the manufacturers. Now, if -the system were altogether unconstitutional, as had been contended, -how could the senator vote for a bill which continued it for nine -years? Then, beyond that period, there is the provision for cash -duties, home valuations, a long and liberal list of free articles, -carefully made out by my friend from Rhode Island (Mr. KNIGHT), -expressly for the benefit of the manufacturers; and the power of -discrimination, reserved also for their benefit; within the maximum -rate of duty fixed in the act. In the consultations between the -senator and myself in respect to the compromise act, on every point -upon which I insisted he gave way. He was for a shorter term than -nine years, and more rapid reduction. I insisted, and he yielded. -He was for fifteen instead of twenty per cent. as the maximum duty; -but yielded. He was against any discrimination within the limited -range of duties for the benefit of the manufacturers; but consented. -To the last he protested against home valuation, but finally gave -way. Such is the compromise act; and the Senate will see with what -propriety the senator can assert that nullification had overthrown -the protective tariff and the American system. Nullification! which -asserted the extraordinary principle that one of twenty-four members -of a confederacy, by its separate action, could subvert and set -aside the expressed will of the whole! Nullification! a strange, -impracticable, incomprehensible doctrine, that partakes of the -character of the metaphysical school of German philosophy, or would -be worthy of the puzzling theological controversies of the middle -ages. - -"No one, Mr. President, in the commencement of the protective -policy, ever supposed that it was to be perpetual. We hoped -and believed that temporary protection extended to our infant -manufactures, would bring them up, and enable them to withstand -competition with those of Europe. We thought, as the wise French -minister did, who, when urged by a British minister to consent -to the equal introduction into the two countries of their -respective productions, replied that free trade might be very well -for a country whose manufactures had reached perfection, but was -not entirely adapted to a country which wished to build up its -manufactures. If the protective policy were entirely to cease in -1842, it would have existed twenty-six years from 1816, or 18 from -1824; quite as long as, at either of those periods, its friends -supposed might be necessary. But it does not cease then, and I -sincerely hope that the provisions contained in the compromise act -for its benefit beyond that period, will be found sufficient for -the preservation of all our interesting manufactures. For one, I -am willing to adhere to, and abide by the compromise in all its -provisions, present and prospective, if its fair operation is -undisturbed. The Senate well knows that I have been constantly in -favor of a strict and faithful adherence to the compromise act. -I have watched and defended it on all occasions. I desire to see -it faithfully and inviolably maintained. The senator, too, from -South Carolina, alleging that the South were the weaker party, has -hitherto united with me in sustaining it. Nevertheless, he has left -us, as he tells us in his Edgefield letter, because he apprehended -that our principles would lead us to the revival of a high tariff. - -"The senator from South Carolina proceeds, in his Edgefield letter, -to say: - - "'I clearly perceived that a very important question was - presented for our determination, which we were compelled to - decide forthwith: shall we continue our joint attack with the - nationals on those in power, in the new position which they have - been compelled to occupy? It was clear that, with our joint - forces, we could utterly overthrow and demolish them. But it was - not less clear that _the victory would enure not to us_, but - exclusively to the benefit of our allies and their cause.' - -"Thus it appears that in a common struggle for the benefit of our -whole country, the senator was calculating upon the party advantages -which would result from success. He quit us because he apprehended -that he and his party would be absorbed by us. Well, what is to be -their fate in his new alliance? Is there no absorption there? Is -there no danger that the senator and his party will be absorbed by -the administration party? Or does he hope to absorb that? Another -motive avowed in the letter, for his desertion of us, is, that -'it would also give us the chance of effecting what is still more -important to us, the union of the entire South.' What sort of an -union of the South does the senator wish? Is not the South already -united as a part of the common confederacy? Does he want any other -union of it? I wish he would explicitly state. I should be glad, -also, if he would define what he means by the South. He sometimes -talks of the plantation or staple States. Maryland is partly a -staple State. Virginia and North Carolina more so. And Kentucky and -Tennessee have also staple productions. Are all these States parts -of _his_ South? I fear, Mr. President, that the political geography -of the senator comprehends a much larger South than that South -which is the object of his particular solicitude; and that, to find -the latter, we should have to go to South Carolina; and, upon our -arrival there, trace him to Fort Hill. This is the disinterested -senator from South Carolina! - -"But he has left no party, and joined no party! No! None. With the -daily evidences before us of his frequent association, counselling -and acting with the other party, he would tax our credulity too much -to require us to believe that he has formed no connection with it. -He may stand upon his reserved rights; but they must be mentally -reserved, for they are not obvious to the senses. Abandoned no -party? Why this letter proclaims his having quitted us, and assigns -his reasons for doing it; one of which is, that we are in favor of -that national bank which the senator himself has sustained about -twenty-four years of the twenty-seven that he has been in public -life. Whatever impression the senator may endeavor to make without -the Senate upon the country at large, no man within the Senate, -who has eyes to see, or ears to hear, can mistake his present -position and party connection. If, in the speech which I addressed -to the Senate on a former day, there had been a single fact stated -which was not perfectly true, or an inference drawn which was not -fully warranted, or any description of his situation which was -incorrect, no man would enjoy greater pleasure than I should do in -rectifying the error. If, in the picture which I portrayed of the -senator and his course, there be any thing which can justly give -him dissatisfaction, he must look to the original and not to the -painter. The conduct of an eminent public man is a fair subject for -exposure and animadversion. When I addressed the Senate before, I -had just perused this letter. I recollected all its reproaches and -imputations against us, and those which were made or implied in -the speech of the honorable senator were also fresh in my memory. -Does he expect to be allowed to cast such imputations, and make -such reproaches against others without retaliation? Holding myself -amenable for my public conduct, I choose to animadvert upon his, -and upon that of others, whenever circumstances, in my judgment, -render it necessary; and I do it under all just responsibility which -belongs to the exercise of such a privilege. - -"The senator has thought proper to exercise a corresponding -privilege towards myself; and, without being very specific, has -taken upon himself to impute to me the charge of going over upon -some occasion, and that in a manner which left my motive no -matter of conjecture. If the senator mean to allude to the stale -and refuted calumny of George Kremer, I assure him I can hear it -without the slightest emotion; and if he can find any fragment of -that rent banner to cover his own aberrations, he is perfectly -at liberty to enjoy all the shelter which it affords. In my case -there was no going over about it; I was a member of the House of -Representatives, and had to give a vote for one of three candidates -for the presidency. Mr. Crawford's unfortunate physical condition -placed him out of the question. The choice was, therefore, -limited to the venerable gentleman from Massachusetts, or to the -distinguished inhabitant of the hermitage. I could give but one -vote; and, accordingly, as I stated on a former occasion, I gave the -vote which, before I left Kentucky, I communicated to my colleague -[Mr. CRITTENDEN], it was my intention to give in the contingency -which happened. I have never for one moment regretted the vote -I then gave. It is true, that the legislature of Kentucky had -requested the representatives from that State to vote for General -Jackson; but my own immediate constituents, I knew well, were -opposed to his election, and it was their will, and not that of the -legislature, according to every principle applicable to the doctrine -of instructions, which I was to deposit in the ballot-box. It is -their glory and my own never to have concurred in the elevation of -General Jackson. They ratified and confirmed my vote, and every -representative that they have sent to Congress since, including my -friend, the present member, has concurred with me in opposition to -the election and administration of General Jackson. - -"If my information be not entirely incorrect, and there was any -going over in the presidential election which terminated in -February, 1825, the senator from South Carolina--and not I--went -over. I have understood that the senator, when he ceased to be -in favor of himself,--that is, after the memorable movement made -in Philadelphia by the present minister to Russia (Mr. DALLAS), -withdrawing his name from the canvass, was the known supporter of -the election of Mr. Adams. What motives induced him afterwards to -unite in the election of General Jackson, I know not. It is not my -habit to impute to others uncharitable motives, and I leave the -senator to settle that account with his own conscience and his -country. No, sir, I have no reproaches to make myself, and feel -perfectly invulnerable to any attack from others, on account of any -part which I took in the election of 1825. And I look back with -entire and conscious satisfaction upon the whole course of the -arduous administration which ensued. - -"The senator from South Carolina thinks it to be my misfortune to -be always riding some hobby, and that I stick to it till I ride -it down. I think it is his never to stick to one long enough. He -is like a courier who, riding from post to post, with relays of -fresh horses, when he changes his steed, seems to forget altogether -the last which he had mounted. Now, it is a part of my pride and -pleasure to say, that I never in my life changed my deliberate -opinion upon any great question of national policy but once, and -that was twenty-two years ago, on the question of the power to -establish a bank of the United States. The change was wrought by the -sad and disastrous experience of the want of such an institution, -growing out of the calamities of war. It was a change which I made -in common with Mr. Madison, two governors of Virginia, and the great -body of the republican party, to which I have ever belonged. - -"The distinguished senator sticks long to no hobby. He was once -gayly mounted on that of internal improvements. We rode that -double--the senator before, and I behind him. He quietly slipped -off, leaving me to hold the bridle. He introduced and carried -through Congress in 1816, the bill setting apart the large bonus -of the Bank of the United States for internal improvements. His -speech, delivered on that occasion, does not intimate the smallest -question as to the constitutional power of the government, but -proceeds upon the assumption of its being incontestable. When he -was subsequently in the department of war, he made to Congress a -brilliant report, sketching as splendid and magnificent a scheme of -internal improvements for the entire nation, as ever was presented -to the admiration and wonder of mankind. - -"No, sir, the senator from South Carolina is free from all reproach -of sticking to hobbies. He was for a bank of the United States in -1816. He proposed, supported, and with his accustomed ability, -carried through the charter. He sustained it upon its admitted -grounds of constitutionality, of which he never once breathed the -expression of a doubt. During the twenty years of its continuance -no scruple ever escaped from him as to the power to create it. And -in 1834, when it was about to expire, he deliberately advocated -the renewal of its term for twelve years more. How profound he may -suppose the power of analysis to be, and whatever opinion he may -entertain of his own metaphysical faculty,--can he imagine that any -plain, practical, common sense man can ever comprehend how it is -constitutional to prolong an unconstitutional bank for twelve years? -He may have all the speeches he has ever delivered read to us in an -audible voice by the secretary, and call upon the Senate attentively -to hear them, beginning with his speech in favor of a bank of the -United States in 1816, down to his speech _against_ a bank of the -United States, delivered the other day, and he will have made no -progress in his task. I do not speak this in any unkind spirit, but -I will tell the honorable senator when he will be consistent. He -will be so, when he resolves henceforward, during the residue of -his life, never to pronounce the word again. We began our public -career nearly together; we remained together throughout the war and -down to the peace. We agreed as to a bank of the United States--as -to a protective tariff--as to internal improvements--and lately, -as to those arbitrary and violent measures which characterized the -administration of General Jackson. No two prominent public men ever -agreed better together in respect to important measures of national -policy. We concur now in nothing. We separate for ever." - -Mr. CALHOUN. "The senator from Kentucky says that the sentiments -contained in my Edgefield letter then met his view for the first -time, and that he read that document with equal pain and amazement. -Now it happens that I expressed these self-same sentiments just as -strongly in 1834, in a speech which was received with unbounded -applause by that gentleman's own party; and of which a vast number -of copies were published and circulated throughout the United States. - -"But the senator tells us that he is among the most constant men -in this world. I am not in the habit of charging others with -inconsistency; but one thing I will say, that if the gentleman has -not changed _his principles_, he has most certainly changed _his -company_; for, though he boasts of setting out in public life a -republican of the school of '98, he is now surrounded by some of the -most distinguished members of the old federal party. I do not desire -to disparage that party. I always respected them as men, though -I believed their political principles to be wrong. Now, either -the gentleman's associates have changed, or he has; for they are -now together, though belonging formerly to different and opposing -parties--parties, as every one knows, directly opposed to each other -in policy and principles. - -"He says I was in favor of the tariff of 1816, and took the lead in -its support. He is certainly mistaken again. It was in charge of my -colleague and friend, Mr. Lowndes, chairman then of the committee -of Ways and Means, as a revenue measure only. I took no other part -whatever but to deliver an off-hand speech, at the request of a -friend. The question of protection, as a constitutional question, -was not touched at all. It was not made, if my memory serves me, for -some years after. As to protection, I believe little of it, except -what all admit was incidental to revenue, was contained in the -act of 1816. As to my views in regard to protection at that early -period, I refer to my remarks in 1813, when I opposed a renewal -of the non-importation act, expressly on the ground of its giving -too much protection to the manufacturers. But while I declared, -in my place, that I was opposed to it on that ground, I at the -same time stated that I would go as far as I could with propriety, -when peace returned, to protect the capital which the war and the -extreme policy of the government had turned into that channel. The -senator refers to my report on internal improvement, when I was -secretary of war; but, as usual with him, forgets to tell that I -made it in obedience to a resolution of the House, to which I was -bound to answer, and that I expressly stated I did not involve -the constitutional question; of which the senator may now satisfy -himself, if he will read the latter part of the report. As to the -bonus bill, it grew out of the recommendation of Mr. Madison in his -last message; and although I proposed that the bonus should be set -apart for the purpose of internal improvement, leaving it to be -determined thereafter, whether we had the power, or the constitution -should be amended, in conformity to Mr. Madison's recommendation. -I did not touch the question to what extent Congress might possess -the power; and when requested to insert a direct recognition of the -power by some of the leading members, I refused, expressly on the -ground that, though I believed it existed, I had not made up my mind -how far it extended. As to the bill, it was perfectly constitutional -in my opinion then, and which still remains unchanged, to set aside -the fund proposed, and with the object intended, but which could not -be used without specific appropriations thereafter. - -"In my opening remarks to-day, I said the senator's speech was -remarkable, both for its omissions and mistakes; and the senator -infers, with his usual inaccuracy, that I alluded to a difference -between his spoken and printed speech, and that I was answering the -latter. In this he was mistaken; I hardly ever read a speech, but -reply to what is said here in debate. I know no other but the speech -delivered here. - -"As to the arguments of each of us, I am willing to leave them to -the judgment of the country: his speech and arguments, and mine, -will be read with the closer attention and deeper interest in -consequence of this day's occurrence. It is all I ask." - -Mr. CLAY. "It is very true that the senator had on other occasions, -besides his Edgefield letter, claimed that the influence arising -from the interference of his own State had effected the tariff -compromise. Mr. C. had so stated the fact when up before. But in the -Edgefield letter the senator took new ground, he denounced those -with whom he had been acting, as persons in whom he could have -no confidence, and imputed to them the design of renewing a high -tariff and patronizing extravagant expenditures, as the natural -consequences of the establishment of a bank of the United States, -and had presented this as a reason for his recent course. When, said -Mr. C., I saw a charge like this, together with an imputation of -unworthy motives, and all this deliberately written and published, -I could not but feel very differently from what I should have done -under a mere casual remark. - -"But the senator says, that if I have not changed principles, I -have at least got into strange company. Why really, Mr. President, -the gentleman has so recently changed his relations that he seems -to have forgotten into what company he has fallen himself. He says -that some of my friends once belonged to the federal party. Sir, I -am ready to go into an examination with the honorable senator at -any time, and then we shall see if there are not more members of -that same old federal party amongst those whom the senator has so -recently joined, than on our side of the house. The plain truth -is, that it is the old federal party with whom he is now acting. -For all the former grounds of difference which distinguished that -party, and were the great subjects of contention between them -and the republicans, have ceased from lapse of time and change -of circumstances, with the exception of one, and that is the -maintenance and increase of executive power. This was a leading -policy of the federal party. A strong, powerful, and energetic -executive was its favorite tenet. The leading members of that party -had come out of the national convention with an impression that -under the new constitution the executive arm was too weak. The -danger they apprehended was, that the executive would be absorbed by -the legislative department of the government; and accordingly the -old federal doctrine was that the Executive must be upheld, that its -influence must be extended and strengthened; and as a means to this, -that its patronage must be multiplied. And what, I pray, is at this -hour the leading object of that party, which the senator has joined, -but this very thing? It was maintained in the convention by Mr. -Madison, that to remove a public officer without valid cause, would -rightfully subject a president of the United States to impeachment. -But now not only is no reason required, but the principle is -maintained that no reason can be asked. A is removed and B is put in -his place, because such is the pleasure of the president. - -"The senator is fond of the record. I should not myself have gone -to it but for the infinite gravity and self-complacency with which -he appeals to it in vindication of his own consistency. Let me then -read a little from one of the very speeches in 1834, from which he -has so liberally quoted, and called upon the secretary to read so -loud, and the Senate to listen so attentively: - - "'But there is in my opinion a strong, if not an insuperable - objection against resorting to this measure, resulting from - the _fact_ that an exclusive receipt of specie in the treasury - would, to give it efficacy, and to prevent extensive speculation - and fraud, require an entire disconnection on the part of the - government, with the banking system, in all its forms, and - a resort to the strong box, as the means of preserving and - guarding its funds--a means, if practicable at all in the - present state of things, liable to the objection of being _far - less safe, economical, and efficient, than the present_.'" - -"Here is a strong denunciation of that very system he is now -eulogising to the skies. Here he deprecates a disconnection with -all banks as a most disastrous measure; and, as the strongest -argument against it, says that it will necessarily lead to the -antiquated policy of the strong box. Yet, now the senator thinks the -strong box system the wisest thing on earth. As to the acquiescence -of the honorable senator in measures deemed by him unconstitutional, -I only regret that he suddenly stopped short in his acquiescence. -He was, in 1816, at the head of the finance committee, in the other -House, having been put there by myself, _acquiescing_ all the while -in the doctrines of a bank, as perfectly sound, and reporting to -that effect. He acquiesced for nearly twenty years, not a doubt -escaping from him during the whole time. The year 1834 comes: the -deposits are seized, the currency turned up side down, and the -senator comes forward and proposes as a remedy a continuation of the -Bank of the United States for twelve years--here acquiescing once -more; and as he tells us, in order to save the country. But if the -salvation of the country would justify his acquiescence in 1816 and -in 1834, I can only regret that he did not find it in his heart to -acquiesce once more in what would have remedied all our evils. - -"In regard to the tariff of 1816, has the senator forgotten the -dispute at that time about the protection of the cotton manufacture? -The very point of that dispute was, whether we had a right to -give protection or not. He admits the truth of what I said, that -the constitutional question as to the power of the government to -protect our own industry was never raised before 1820 or 1822. It -was but first hinted, then controverted, and soon after expanded -into nullification, although the senator had supported the tariff of -1816 on the very ground that we had power. I do not now recollect -distinctly his whole course in the legislature, but he certainly -introduced the bonus bill in 1816, and sustained it by a speech on -the subject of internal improvements, which neither expresses nor -implies a doubt of the constitutional power. But why set apart a -bonus, if the government had no power to make internal improvements? -If he wished internal improvements, but conscientiously believed -them unconstitutional, why did he not introduce a resolution -proposing to amend the constitution? Yet he offered no such thing. -When he produced his splendid report from the war department, -what did he mean? Why did he tantalize us with that bright and -gorgeous picture of canals and roads, and piers and harbors, if -it was unconstitutional for us to touch the plan with one of our -fingers? The senator says in reply, that this report did not broach -the constitutional question. True. But why? Is there any other -conclusion than that he did not entertain himself any doubt about -it? What a most extraordinary thing would it be, should the head -of a department, in his official capacity, present a report to -both houses of Congress, proposing a most elaborate plan for the -internal improvement of the whole union, accompanied by estimates -and statistical tables, when he believed there was no power in -either house to adopt any part of it. The senator dwells upon his -consistency: I can tell him when he will be consistent--and that is -when he shall never pronounce that word again." - -Mr. CALHOUN. "As to the tariff of 1816, I never denied that Congress -have the power to impose a protective tariff for the purpose of -revenue; and beyond that the tariff of 1816 did not go one inch. The -question of the constitutionality of the protective tariff was never -raised till some time afterwards. - -"As to what the senator says of executive power, I, as much as he, -am opposed to its augmentation, and I will go as far in preventing -it as any man in this House. I maintain that the executive and -judicial authorities should have no discretionary power, and as soon -as they begin to exercise such power, the matter should be taken -up by Congress. These opinions are well grounded in my mind, and I -will go as far as any in bringing the Executive to this point. But, -I believe, the Executive is now outstripped by the congressional -power. He is for restricting the one. I war upon both. - -"The senator says I assigned as a reason of my course at the extra -session that I suspected that he and the gentleman with whom he -acted would revive the tariff. I spoke not of the tariff, but a -national bank. I believe that banks naturally and assuredly ally -themselves to taxes on the community. The higher the taxes the -greater their profits; and so it is with regard to a surplus and the -government disbursements. If the banking power is on the side of a -national bank, I see in that what may lead to all the consequences -which I have described; and I oppose institutions that are likely -to lead to such results. When the bank should receive the money of -the government, it would ally itself to taxation, and it ought to -be resisted on that ground. I am very glad that the question is -now fairly met. The fate of the country depends on the point of -separation; if there be a separation between the government and -banks, the banks will be on the republican side in opposition to -taxes; if they unite, they will be in favor of the exercise of the -taxing power. - -"The senator says I acquiesced in the use of the banks because -the banks existed. I did so because the connection existed. The -banks were already used as depositories of the government, and it -was impossible at once to reverse that state of things. I went on -the ground that the banks were a necessary evil. The State banks -exist; and would not he be a madman that would annihilate them -because their respective bills are uncurrent in distant parts of the -country? The work of creating them is done, and cannot be reversed; -when once done, it is done for ever. - -"I was formerly decided in favor of separating the banks and the -government, but it was impossible then to make it, and it would -have been followed by nothing but disaster. The senator says the -separation already exists; but it is only contingent; whenever the -banks resume, the connection will be legally restored. In 1834 I -objected to the sub-treasury project, and I thought it not as safe -as the system now before us. But it turns out that it was more safe, -as appears from the argument of the senator from Delaware, (Mr. -Bayard.) I was then under the impression that the banks were more -safe but it proves otherwise." - -Mr. CLAY. "If the senator would review his speech again, he would -see there a plain and explicit denunciation of a sub-treasury system. - -"The distinguished senator from South Carolina (I had almost said -my friend from South Carolina, so lately and so abruptly has he -bursted all amicable relations between us, independent of his habit -of change, I think, when he finds into what federal doctrines and -federal company he has gotten, he will be disposed soon to feel -regret and to return to us,) has not, I am persuaded, weighed -sufficiently the import of the unkind imputations contained in his -Edgefield letter towards his former allies--imputations that their -principles are dangerous to our institutions, and of their want of -firmness and patriotism. I have read that singular letter again and -again, with inexpressible surprise and regret; more, however, if he -will allow me to say so, on his own than on our account. - -"Mr. President, I am done; and I sincerely hope that the adjustment -of the account between the senator and myself, just made, may be as -satisfactory to him as I assure him and the Senate it is perfectly -so to me." - -Mr. CALHOUN. "I have more to say, but will forbear, as the senator -appears desirous of having the last word." - -Mr. CLAY. "Not at all." - - * * * * * - -The personal debate between Mr. Calhoun and Mr. Clay terminated -for the day, and with apparent good feeling; but only to break -out speedily on a new point, and to lead to further political -revelations important to history. Mr. Calhoun, after a long -alienation, personal as well as political, from Mr. Van Buren, -and bitter warfare upon him, had become reconciled to him in both -capacities, and had made a complimentary call upon him, and had -expressed to him an approbation of his leading measures. All this -was natural and proper after he had become a public supporter of -these measures; but a manifestation of respect and confidence so -decided, after a seven years' perseverance in a warfare so bitter, -could not be expected to pass without the imputation of sinister -motives; and, accordingly, a design upon the presidency as successor -to Mr. Van Buren was attributed to him. The opposition newspapers -abounded with this imputation; and an early occasion was taken in -the Senate to make it the subject of a public debate. Mr. Calhoun -had brought into the Senate a bill to cede to the several States the -public lands within their limits, after a sale of the saleable parts -at graduated prices, for the benefit of both parties--the new States -and the United States. It was the same bill which he had brought -in two years before; but Mr. Clay, taking it up as a new measure, -inquired if it was an administration measure? whether he had brought -it in with the concurrence of the President? If nothing more had -been said Mr. Calhoun could have answered, that it was the same bill -which he had brought in two years before, when he was in opposition -to the administration; and that his reasons for bringing it in were -the same now as then; but Mr. Clay went on to taunt him with his new -relations with the chief magistrate, and to connect the bill with -the visit to Mr. Van Buren and approval of his measures. Mr. Calhoun -saw that the inquiry was only a vehicle for the taunt, and took it -up accordingly in that sense: and this led to an exposition of the -reasons which induced him to join Mr. Van Buren, and to explanations -on other points, which belong to history. Mr. Clay began the debate -thus: - - "Whilst up, Mr. Clay would be glad to learn whether the - administration is in favor of or against this measure, or stands - neutral and uncommitted. This inquiry he should not make, if the - recent relations between the senator who introduced this bill - and the head of that administration, continued to exist; but - rumors, of which the city, the circles, and the press are full, - assert that those relations are entirely changed, and have, - within a few days, been substituted by others of an intimate, - friendly, and confidential nature. And shortly after the time - when this new state of things is alleged to have taken place, - the senator gave notice of his intention to move to introduce - this bill. Whether this motion has or has not any connection - with that adjustment of former differences, the public would, he - had no doubt, be glad to know. At all events, it is important to - know in what relation of support, opposition, or neutrality, the - administration actually stands to this momentous measure; and he - [Mr. C.] supposed that the senator from South Carolina, or some - other senator, could communicate the desired information." - -Mr. Calhoun, besides vindicating himself, rebuked the indecorum -of making his personal conduct a subject of public remark in the -Senate; and threw back the taunt by reminding Mr. Clay of his own -change in favor of Mr. Adams. - - "He said the senator from Kentucky had introduced other, and - extraneous personal matter; and asked whether the bill had - the sanction of the Executive; assigning as a reason for his - inquiry, that, if rumor was to be credited, a change of personal - relation had taken place between the President and myself within - the last few days. He [Mr. C.] would appeal to the Senate - whether it was decorous or proper that his personal relations - should be drawn in question here. Whether he should establish - or suspend personal relations with the President, or any other - person, is a private and personal concern, which belongs to - himself individually to determine on the propriety, without - consulting any one, much less the senator. It was none of his - concern, and he has no right to question me in relation to it. - - "But the senator assumes that a change in my personal relations - involves a change of political position; and it is on that he - founds his right to make the inquiry. He judges, doubtless, by - his own experience; but I would have him to understand, said - Mr. C., that what may be true in his own case on a memorable - occasion, is not true in mine. His political course may be - governed by personal considerations; but mine, I trust, is - governed strictly by my principles, and is not at all under the - control of my attachments or enmities. Whether the President is - personally my friend or enemy, has no influence over me in the - discharge of my duties, as, I trust, my course has abundantly - proved. Mr. C. concluded by saying, that he felt that these were - improper topics to introduce here, and that he had passed over - them as briefly as possible." - -This retort gave new scope and animation to the debate, and led to -further expositions of the famous compromise of 1833, which was a -matter of concord between them at the time, and of discord ever -since; and which, being much condemned in the first volume of this -work, the authors of it are entitled to their own vindications when -they choose to make them: and this they found frequent occasion to -do. The debate proceeded: - - "Mr. Clay contended that his question, as to whether this was - an administration measure or not, was a proper one, as it was - important for the public information. He again referred to - the rumors of Mr. Calhoun's new relations with the President, - and supposed from the declarations of the senator, that these - rumors were true; and that his support, if not pledged, was at - least promised conditionally to the administration. Was it of - no importance to the public to learn that these pledges and - compromises had been entered into?--that the distinguished - senator had made his bow in court, kissed the hand of the - monarch, was taken into favor, and agreed henceforth to support - his edicts?" - -This allusion to rumored pledges and conditions on which Mr. Calhoun -had joined Mr. Van Buren, provoked a retaliatory notice of what -the same rumor had bruited at the time that Mr. Clay became the -supporter of Mr. Adams; and Mr. Calhoun said: - - "The senator from Kentucky had spoken much of pledges, - understandings, and political compromises, and sudden change of - personal relations. He [said Mr. C.] is much more experienced - in such things than I am. If my memory serves me, and if - rumors are to be trusted, the senator had a great deal to do - with such things, in connection with a distinguished citizen; - now of the other House; and it is not at all surprising, from - his experience then, in his own case, that he should not be - indisposed to believe similar rumors of another now. But whether - his sudden change of personal relations then, from bitter enmity - to the most confidential friendship with that citizen, was - preceded by pledges, understandings, and political compromises - on the part of one or both, it is not for me to say. The country - has long since passed on that." - -All this taunt on both sides was mere irritation, having no -foundation in fact. It so happened that the writer of this View, -on each of these occasions (of sudden conjunctions with former -adversaries), stood in a relation to know what took place. In one -case he was confidential with Mr. Clay; in the other with Mr. Van -Buren. In a former chapter he has given his testimony in favor of -Mr. Clay, and against the imputed bargain with Mr. Adams: he can -here give it in favor of Mr. Calhoun. He is entirely certain--as -much so as it is possible to be in supporting a negative--that no -promise, pledge, or condition of any kind, took place between Mr. -Calhoun and Mr. Van Buren, in coming together as they did at this -juncture. How far Mr. Calhoun might have looked to his own chance -of succeeding Mr. Van Buren, is another question, and a fair one. -The succession was certainly open in the democratic line. Those -who stood nearest the head of the party had no desire for the -presidency, but the contrary; and only wished a suitable chief -magistrate at the head of the government--giving him a cordial -support in all patriotic measures; and preserving their independence -by refusing his favors. This allusion refers especially to Mr. Silas -Wright; and if it had not been for a calamitous conflagration, there -might be proof that it would apply to another. Both Mr. Wright and -Mr. Benton refused cabinet appointments from Mr. Van Buren; and -repressed every movement in their favor towards the presidency. -Under such circumstances, Mr. Calhoun might have indulged in a -vision of the democratic succession, after the second term of Mr. -Van Buren, without the slippery and ignominious contrivance of -attempting to contract for it beforehand. There was certainly a talk -about it, and a sounding of public men. Two different friends of Mr. -Calhoun, at two different times and places,--one in Missouri (Thomas -Hudson, Esq.), and the other in Washington (Gov. William Smith, -of Virginia),--inquired of this writer whether he had said that -he could not support Mr. Calhoun for the presidency, if nominated -by a democratic convention? and were answered that he had, and -because Mr. Calhoun was the author of nullification, and of measures -tending to the dissolution of the Union. The answer went into the -newspapers, without the agency of him who gave it, and without the -reasons which he gave: and his opposition was set down to causes -equally gratuitous and unfounded--one, personal ill-will to Mr. -Calhoun; the other, a hankering after the place himself. But to -return to Messrs. Clay and Calhoun. These reciprocal taunts having -been indulged in, the debate took a more elevated turn, and entered -the region of history. Mr. Calhoun continued: - - "I will assure the senator, if there were pledges in his case, - there were none in mine. I have terminated my long-suspended - personal intercourse with the President, without the slightest - pledge, understanding, or compromise, on either side. I would - be the last to receive or exact such. The transition from their - former to their present personal relation was easy and natural, - requiring nothing of the kind. It gives me pleasure to say, - thus openly, that I have approved of all the leading measures - of the President, since he took the Executive chair, simply - because they accord with the principles and policy on which I - have long acted, and often openly avowed. The change, then, - in our personal relations, had simply followed that of our - political. Nor was it made suddenly, as the senator charges. So - far from it, more than two years have elapsed since I gave a - decided support to the leading measure of the Executive, and on - which almost all others since have turned. This long interval - was permitted to pass, in order that his acts might give - assurance whether there was a coincidence between our political - views as to the principles on which the government should be - administered, before our personal relations should be changed. - I deemed it due to both thus long to delay the change, among - other reasons to discountenance such idle rumors as the senator - alludes to. That his political course might be judged (said Mr. - CALHOUN) by the object he had in view, and not the suspicion - and jealousy of his political opponents, he would repeat what - he had said, at the last session, was his object. It is, said - he, to obliterate all those measures which had originated in - the national consolidation school of politics, and especially - the senator's famous American system, which he believed to be - hostile to the constitution and the genius of our political - system, and the real source of all the disorders and dangers to - which the country was, or had been, subject. This done, he was - for giving the government a fresh departure, in the direction - in which Jefferson and his associates would give, were they now - alive and at the helm. He stood where he had always stood, on - the old State rights ground. His change of personal relation, - which gave so much concern to the senator, so far from involving - any change in his principles or doctrines, grew out of them." - -The latter part of this reply of Mr. Calhoun is worthy of universal -acceptance, and perpetual remembrance. The real source of all the -disorders to which the country was, or had been subject, was in -the system of legislation which encouraged the industry of one -part of the Union at the expense of the other--which gave rise -to extravagant expenditures, to be expended unequally in the two -sections of the Union--and which left the Southern section to pay -the expenses of a system which exhausted her. This remarkable -declaration of Mr. Calhoun was made in 1839--being four years after -the slavery agitation had superseded the tariff agitation,--and -which went back to that system of measures, of which protective -tariff was the main-spring, to find, and truly find, the real source -of all the dangers and disorders of the country--past and present. -Mr. Clay replied: - - "He had understood the senator as felicitating himself on - the opportunity which had been now afforded him by Mr. C. of - defining once more his political position; and Mr. C. must say - that he had now defined it very clearly, and had apparently - given it a new definition. The senator now declared that all - the leading measures of the present administration had met his - approbation, and should receive his support. It turned out, - then, that the rumor to which Mr. C. had alluded was true, and - that the senator from South Carolina might be hereafter regarded - as a supporter of this administration, since he had declared - that all its leading measures were approved by him, and should - have his support. As to the allusion which the senator from - South Carolina had made in regard to Mr. C.'s support of the - head of another administration [Mr. ADAMS], it occasioned Mr. - C. no pain whatever. It was an old story, which had long been - sunk in oblivion, except when the senator and a few others - thought proper to bring it up. But what were the facts of that - case? Mr. C. was then a member of the House of Representatives, - to whom three persons had been returned, from whom it was the - duty of the House to make a selection for the presidency. As - to one of those three candidates, he was known to be in an - unfortunate condition, in which no one sympathized with him - more than did Mr. C. Certainly the senator from South Carolina - did not. That gentleman was therefore out of the question as a - candidate for the chief magistracy; and Mr. C. had consequently - the only alternative of the illustrious individual at the - Hermitage, or of the man who was now distinguished in the House - of Representatives, and who had held so many public places with - honor to himself, and benefit to the country. And if there was - any truth in history, the choice which Mr. C. then made was - precisely the choice which the senator from South Carolina had - urged upon his friends. The senator himself had declared his - preference of Adams to Jackson. Mr. C. made the same choice; - and his constituents had approved it from that day to this, and - would to eternity. History would ratify and approve it. Let the - senator from South Carolina make any thing out of that part - of Mr. C.'s public career if he could. Mr. C. defied him. The - senator had alluded to Mr. C. as the advocate of compromise. - Certainly he was. This government itself, to a great extent, - was founded and rested on compromise; and to the particular - compromise to which allusion had been made, Mr. C. thought no - man ought to be more grateful for it than the senator from - South Carolina. But for that compromise, Mr. C. was not at all - confident that he would have now had the honor to meet that - senator face to face in this national capitol." - -The allusion in the latter part of this reply was to the President's -declared determination to execute the laws upon Mr. Calhoun if an -_overt_ act of treason should be committed under the nullification -ordinance of South Carolina; and the preparations for which (overt -act) were too far advanced to admit of another step, either -backwards or forwards; and from which most critical condition the -compromise relieved those who were too deeply committed, to retreat -without ruin, or to advance without personal peril. Mr. Calhoun's -reply was chiefly directed to this pregnant allusion. - - "The senator from Kentucky has said, Mr. President, that I, of - all men, ought to be grateful to him for the compromise act." - -[Mr. CLAY. "I did not say 'to me.'"] - - "The senator claims to be the author of that measure, and, - of course, if there be any gratitude due, it must be to him. - I, said Mr. Calhoun, made no allusion to that act; but as - the senator has thought proper to refer to it, and claim my - gratitude, I, in turn, now tell him I feel not the least - gratitude towards him for it. The measure was necessary to save - the senator politically: and as he has alluded to the subject, - both on this and on a former occasion, I feel bound to explain - what might otherwise have been left in oblivion. The senator was - then compelled to compromise to save himself. Events had placed - him flat on his back, and he had no way to recover himself but - by the compromise. This is no after thought. I wrote more than - half a dozen of letters home at the time to that effect. I shall - now explain. The proclamation and message of General Jackson - necessarily rallied around him all the steadfast friends of the - senator's system. They withdrew their allegiance at once from - him, and transferred it to General Jackson. The senator was - thus left in the most hopeless condition, with no more weight - with his former partisans than this sheet of paper (raising - a sheet from his desk). This is not all. The position which - General Jackson had assumed, necessarily attracted towards him - a distinguished senator from Massachusetts, not now here [Mr. - WEBSTER], who, it is clear, would have reaped all the political - honors and advantages of the system, had the contest come to - blows. These causes made the political condition of the senator - truly forlorn at the time. On him rested all the responsibility, - as the author of the system; while all the power and influence - it gave, had passed into the hands of others. Compromise was - the only means of extrication. He was thus forced by the action - of the State, which I in part represent, against his system, by - my counsel to compromise, in order to save himself. I had the - mastery over him on the occasion." - -This is historical, and is an inside view of history. Mr. Webster, -in that great contest of nullification, was on the side of President -Jackson, and the supreme defender of his great measure--the -Proclamation of 1833; and the first and most powerful opponent of -the measure out of which it grew. It was a splendid era in his -life--both for his intellect, and his patriotism. No longer the -advocate of classes, or interests, he appeared the great defender -of the Union--of the constitution--of the country--and of the -administration, to which he was opposed. Released from the bonds -of party, and from the narrow confines of class and corporation -advocacy, his colossal intellect expanded to its full proportions -in the field of patriotism, luminous with the fires of genius; -and commanding the homage, not of party, but of country. His -magnificent harangues touched Jackson in his deepest-seated and -ruling feeling--love of country! and brought forth the response -which always came from him when the country was in peril, and -a defender presented himself. He threw out the right hand of -fellowship--treated Mr. Webster with marked distinction--commended -him with public praise--and placed him on the roll of patriots. And -the public mind took the belief, that they were to act together in -future; and that a cabinet appointment, or a high mission, would -be the reward of his patriotic service. (It was the report of such -expected preferment that excited Mr. Randolph (then in no condition -to bear excitement) against General Jackson.) It was a crisis in -the political life of Mr. Webster. He stood in public opposition to -Mr. Clay and Mr. Calhoun. With Mr. Clay he had a public outbreak -in the Senate. He was cordial with Jackson. The mass of his party -stood by him on the proclamation. He was at a point from which a new -departure might be taken:--one at which he could not stand still: -from which there must be advance, or recoil. It was a case in which -_will_, more than _intellect_, was to rule. He was above Mr. Clay -and Mr. Calhoun in intellect--below them in will. And he was soon -seen co-operating with them (Mr. Clay in the lead), in the great -measure condemning President Jackson. And so passed away the fruits -of the golden era of 1833. It was to the perils of this conjunction -(of Jackson and Webster) that Mr. Calhoun referred, as the forlorn -condition from which the compromise relieved Mr. Clay: and, allowing -to each the benefit of his assertion, history avails herself of -the declarations of each in giving an inside view of personal -motives for a momentous public act. And, without deciding a question -of mastery in the disputed victory, History performs her task in -recording the fact that, in a brief space, both Mr. Calhoun and Mr. -Webster were seen following the lead of Mr. Clay in his great attack -upon President Jackson in the session of 1834-'35. - - "Mr. Clay, rejoining, said he had made no allusion to the - compromise bill till it was done by the senator from South - Carolina himself; he made no reference to the events of 1825 - until the senator had himself set him the example; and he had - not in the slightest and the most distant manner alluded to - nullification until after the senator himself had called it - up. The senator ought not to have introduced that subject, - especially when he had gone over to the authors of the force - bill and the proclamation. The senator from South Carolina - said that he [Mr. C.] was flat on his back, and that he was my - master. Sir, I would not own him as my slave. He my master! and - I compelled by him! And, as if it were impossible to go far - enough in one paragraph, he refers to certain letters of his own - to prove that I was flat on my back! and, that I was not only on - my back, but another senator and the President had robbed me! - I was flat on my back, and unable to do any thing but what the - senator from South Carolina permitted me to do! - - "Why, sir, [said Mr. C.] I gloried in my strength, and was - compelled to introduce the compromise bill; and compelled, too, - by the senator, not in consequence of the weakness, but of the - strength, of my position. If it was possible for the senator - from South Carolina to introduce one paragraph without showing - the egotism of his character, he would not now acknowledge that - he wrote letters home to show that he (Mr. C.) was flat on - his back, while he was indebted to him for that measure which - relieved him from the difficulties in which he was involved. - Now, what was the history of the case? Flat as he was on his - back, Mr. C. said he was able to produce that compromise, and - to carry it through the Senate, in opposition to the most - strenuous exertions of the gentleman who, the senator from - South Carolina said, had supplanted him, and in spite of his - determined and unceasing opposition. There was (said Mr. C.) - a sort of necessity operating on me to compel me to introduce - that measure. No necessity of a personal character influenced - him; but considerations involving the interests, the peace - and harmony of the whole country, as well as of the State of - South Carolina, directed him in the course he pursued. He saw - the condition of the senator from South Carolina and that of - his friends; he saw the condition to which he had reduced the - gallant little State of South Carolina by his unwise and - dangerous measures; he saw, too, that we were on the eve of a - civil war; and he wished to save the effusion of blood--the - blood of our own fellow-citizens. That was one reason why he - introduced the compromise bill. There was another reason that - powerfully operated on him. The very interest that the tariff - laws were enacted to protect--so great was the power of the then - chief magistrate, and so rapidly was that power increasing--was - in danger of being sacrificed. He saw that the protective system - was in danger of being swept away entirely, and probably at - the next session of Congress, by the tremendous power of the - individual who then filled the Executive chair; and he felt that - the greatest service that he could render it, would be to obtain - for it 'a lease for a term of years,' to use an expression that - had been heretofore applied to the compromise bill. He saw the - necessity that existed to save the protective system from the - danger which threatened it. He saw the necessity to advance - the great interests of the nation, to avert civil war, and to - restore peace and harmony to a distracted and divided country; - and it was therefore that he had brought forward this measure. - The senator from South Carolina, to betray still further and - more strikingly the characteristics which belonged to him, said, - that in consequence of his (Mr. C.'s) remarks this very day, all - obligations towards him on the part of himself (Mr. CALHOUN), - of the State of South Carolina, and the whole South, were - cancelled. And what right had the senator to get up and assume - to speak of the whole South, or even of South Carolina herself? - If he was not mistaken in his judgment of the political signs of - the times, and if the information which came to him was to be - relied on, a day would come, and that not very distant neither, - when the senator would not dare to rise in his place and presume - to speak as he had this day done, as the organ of the gallant - people of the State he represented." - -The concluding remark of Mr. Clay was founded on the belief, -countenanced by many signs, that the State of South Carolina -would not go with Mr. Calhoun in support of Mr. Van Buren; but he -was mistaken. The State stood by her distinguished senator, and -even gave her presidential vote for Mr. Van Buren at the ensuing -election--being the first time she had voted in a presidential -election since 1829. Mr. Grundy, and some other senators, put an end -to this episodical and personal debate by turning the Senate to a -vote on the bill before it. - - - - -CHAPTER XXIX. - -INDEPENDENT TREASURY, OR, DIVORCE OF BANK AND STATE: PASSED IN -THE SENATE: LOST IN THE HOUSE OF REPRESENTATIVES. - - -This great measure consisted of two distinct parts: 1. The _keeping_ -of the public moneys: 2. The hard money currency in which they -were to be paid. The two measures together completed the system -of financial reform recommended by the President. The adoption of -either of them singly would be a step--and a step going half the -distance--towards establishing the whole system: and as it was well -supposed that some of the democratic party would balk at the hard -money payments, it was determined to propose the measures singly. -With this view the committee reported a bill for the Independent -Treasury--that is to say, for the keeping of the government moneys -by its own officers--without designating the currency to be paid -to them. But there was to be a loss either way; for unless the -hard money payments were made a part of the act in the first -instance, Mr. Calhoun and some of his friends could not vote -for it. He therefore moved an amendment to that effect; and the -hard money friends of the administration supporting his motion, -although preferring that it had not been made, and some others -voting for it as making the bill obnoxious to some other friends -of the administration, it was carried; and became a part of the -bill. At the last moment, and when the bill had been perfected as -far as possible by its friends, and the final vote on its passage -was ready to be taken, a motion was made to strike out that -section--and carried--by the helping vote of some of the friends of -the administration--as was well remarked by Mr. Calhoun. The vote -was, for striking out--_Messrs._ Bayard, Buchanan, Clay of Kentucky, -Clayton (Jno. M.), Crittenden, Cuthbert, Davis of Mississippi, -Fulton, Grundy, Knight, McKean, Merrick, Morris, Nicholas, Prentiss, -Preston, Rives, Robbins, Robinson, Ruggles, Sevier, Smith of -Indiana, Southard, Spence, Swift, Talmadge, Tipton, Wall, White, -Webster, Williams--31. On the other hand only twenty-one senators -voted for retaining the clause. They were--_Messrs._ Allen, of -Ohio, Benton, Brown of North Carolina, Calhoun, Clay of Alabama, -Hubbard of New Hampshire, King of Alabama, Linn of Missouri, Lumpkin -of Georgia, Lyon of Michigan, Mouton of Louisiana, Niles, Norvell, -Franklin Pierce, Roane of Virginia, Smith of Connecticut, Strange -of North Carolina, Trotter of Mississippi, Robert J. Walker, Silas -Wright, Young of Illinois--21. - -This section being struck from the bill, Mr. Calhoun could no longer -vote for it; and gave his reasons, which justice to him requires to -be preserved in his own words: - - "On the motion of the senator from Georgia (Mr. CUTHBERT), the - 23d section, which provides for the collection of the dues of - the government in specie, was struck out, with the aid of a - few on this side, and the entire opposition to the divorce on - the other. That section provided for the repeal of the joint - resolution of 1816, which authorizes the receipt of bank notes - as cash in the dues of the public. The effects of this will be, - should the bill pass in its present shape, that the government - will collect its revenue and make its disbursements exclusively - in bank notes; as it did before the suspension took place in - May last. Things will stand precisely as they did then, with - but a single exception, that the public deposits will be made - with the officers of the government instead of the banks, under - the provision of the deposit act of 1836. Thus far is certain. - All agree that such is the fact; and such the effect of the - passage of this bill as it stands. Now, he intended to show - conclusively, that the difference between depositing the public - money with the public officers, or with the banks themselves, - was merely nominal, as far as the operation and profits of the - banks were concerned; that they would not make one cent less - profit, or issue a single dollar less, if the deposits be kept - by the officers of the government instead of themselves; and, of - course, that the system would be equally subject to expansions - and contractions, and equally exposed to catastrophes like the - present, in the one, as the other, mode of keeping. - - "But he had other and insuperable objections. In giving the bill - originally his support, he was governed by a deep conviction - that the total separation of the government and the banks was - indispensable. He firmly believed that we had reached a point - where the separation was absolutely necessary to save both - government and banks. He was under a strong impression that the - banking system had reached a point of decrepitude--that great - and important changes were necessary to save it and prevent - convulsions; and that the first step was a perpetual separation - between them and the government. But there could be, in his - opinion, no separation--no divorce--without collecting the - public dues in the legal and constitutional currency of the - country. Without that, all would prove a perfect delusion; as - this bill would prove should it pass. We had no constitutional - right to treat the notes of mere private corporations as cash; - and if we did, nothing would be done. - - "These views, and many others similar, he had openly - expressed, in which the great body of the gentlemen around - him had concurred. We stand openly pledged to them before the - country and the world. We had fought the battle manfully and - successfully. The cause was good, and having stood the first - shock, nothing was necessary, but firmness; standing fast on - our position to ensure victory--a great and glorious victory - in a noble cause, which was calculated to effect a more - important reformation in the condition of society than any in - our time--he, for one, could not agree to terminate all those - mighty efforts, at this and the extra session, by returning to - a complete and perfect reunion with the banks in the worst and - most dangerous form. He would not belie all that he had said and - done, by voting for the bill as it now stood amended; and to - terminate that which was so gloriously begun, in so miserable - a farce. He could not but feel deeply disappointed in what he - had reason to apprehend would be the result--to have all our - efforts and labor thrown away, and the hopes of the country - disappointed. All would be lost! No; he expressed himself too - strongly. Be the vote what it may, the discussion would stand. - Light had gone abroad. The public mind had been aroused, for the - first time, and directed to this great subject. The intelligence - of the country is every where busy in exploring its depths and - intricacies, and would not cease to investigate till all its - labyrinths were traced. The seed that has been sown will sprout - and grow to maturity; the revolution that has been begun will go - through, be our course what it may." - -The vote was then taken on the passage of the bill, and it was -carried--by the lean majority of two votes, which was only the -difference of one voter. The affirmative vote was: Messrs. Allen, -Benton, Brown, Clay of Alabama, Cuthbert, Fulton, Hubbard, King, -Linn, Lumpkin, Lyon, Morris, Mouton, Niles, Norvell, Pierce, Roane, -Robinson, Sevier, Smith of Connecticut, Strange, Trotter, Walker, -Wall, Williams, Wright, Young--27. The negatives were: Messrs. -Bayard, Buchanan, Calhoun, Clay of Kentucky, Clayton, Crittenden, -Davies, Grundy, Knight, McKean, Merrick, Nicholas, Prentiss, -Preston, Rives, Robbins, Ruggles, Smith of Indiana, Southard, -Spence, Swift, Talmadge, Tipton, Webster, Hugh L. White--25. - -The act having passed the Senate by this slender majority was sent -to the House of Representatives; where it was lost by a majority of -14. This was a close vote in a house of 236 present; and the bill -was only lost by several friends of the administration voting with -the entire opposition. But a great point was gained. Full discussion -had been had upon the subject, and the public mind was waked up to -it. - - - - -CHAPTER XXX. - -PUBLIC LANDS: GRADUATION OF PRICE: PRE-EMPTION SYSTEM: TAXATION -WHEN SOLD. - - -For all the new States composed territory belonging, or chiefly -so to the federal government, the Congress of the United States -became the local legislature, that is to say, in the place of a -local legislature in all the legislation that relates to the primary -disposition of the soil. In the old States this legislation belonged -to the State legislatures, and might have belonged to the new States -in virtue of their State sovereignty except by the "_compacts_" -with the federal government at the time of their admission into the -Union, in which they bound themselves, in consideration of land -and money grants deemed equivalent to the value of the surrendered -rights, not to interfere with the primary disposition of the public -lands, nor to tax them while remaining unsold, nor for five years -thereafter. These grants, though accepted as equivalents in the -infancy of the States, were soon found to be very far from it, even -in a mere moneyed point of view, independent of the evils resulting -from the administration of domestic local questions by a distant -national legislature. The taxes alone for a few years on the public -lands would have been equivalent to all the benefits derived from -the grants in the compacts. Composed of citizens from the old States -where a local legislature administered the public lands according -to the local interests--selling lands of different qualities for -different prices, according to its quality--granting pre-emptions -and donations to first settlers--and subjecting all to taxation as -soon as it became public property; it was a national feeling to -desire the same advantages; and for this purpose, incessant, and -usually vain efforts were made to obtain them from Congress. At -this session (1837-'38) a better progress was made, and bills passed -for all the purposes through the Senate. - -1. The graduation bill. This measure had been proposed for twelve -years, and the full system embraced a plan for the speedy and final -extinction of the federal title to all the lands within the new -States. Periodical reductions of price at the rate of 25 cents -per acre until reduced to 25 cents: a preference in the purchase -to actual settlers, constituting a pre-emption right: donations -to destitute settlers: and the cession of the refuse to States in -which they lay:--these were the provisions which constituted the -system and which were all contained in the first bills. But finding -it impossible to carry all the provisions of the system in any one -bill, it became necessary to secure what could be obtained. The -graduation-bill was reduced to one feature--reduction of price; and -that limited to two reductions, bringing down the price at the first -reduction to one dollar per acre: at the next 75 cents per acre. In -support of this bill Mr. Benton made a brief speech, from which the -following are some passages: - - "The bill comes to us now under more favorable auspices than - it has ever done before. The President recommends it, and the - Treasury needs the money which it will produce. A gentleman - of the opposition [Mr. CLAY], reproaches the President for - inconsistency in making this recommendation; he says that he - voted against it as senator heretofore, and recommends it as - President now. But the gentleman forgets so tell us that Mr. - Van Buren, when a member of the Senate, spoke in favor of the - general object of the bill from the first day it was presented, - and that he voted in favor of one degree of reduction--a - reduction of the price of the public lands to one dollar per - acre--the last session that he served here. Far from being - inconsistent, the President, in this recommendation, has only - carried out to their legitimate conclusions the principles which - he formerly expressed, and the vote which he formerly gave. - - "The bill, as modified on the motions of the senators from - Tennessee and New Hampshire [Messrs. GRUNDY and HUBBARD] stands - shorn of half its original provisions. Originally it embraced - four degrees of reduction, it now contains but two of those - degrees. The two last--the fifty cent, and the twenty-five - cent reductions, have been cut off. I made no objection to - the motions of those gentlemen. I knew them to be made in a - friendly spirit; I knew also that the success of their motions - was necessary to the success of any part of the bill. Certainly - I would have preferred the whole--would have preferred the four - degrees of reduction. But this is a case in which the homely - maxim applies, that half a loaf is better than no bread. By - giving up half the bill, we may gain the other half; and sure - I am that our constituents will vastly prefer half to nothing. - The lands may now be reduced to one dollar for those which - have been five years in market, and to seventy-five cents for - those which have been ten years in market. The rest of the - bill is relinquished for the present, not abandoned for ever. - The remaining degrees of reduction will be brought forward - hereafter, and with a better prospect of success, after the - lands have been picked and culled over under the prices of the - present bill. Even if the clauses had remained which have been - struck out, on the motions of the gentlemen from Tennessee and - New Hampshire, it would have been two years from December next, - before any purchases could have been made under them. They - were not to take effect until December, 1840. Before that time - Congress will twice sit again; and if the present bill passes, - and is found to work well, the enactment of the present rejected - clauses will be a matter of course. - - "This is a measure emphatically for the benefit of the - agricultural interest--that great interest, which he declared - to be the foundation of all national prosperity, and the - backbone, and substratum of every other interest--which was, - in the body politic, front rank for service, and rear rank for - reward--which bore nearly all the burthens of government while - carrying the government on its back--which was the fountain of - good production, while it was the pack-horse of burthens, and - the broad shoulders which received nearly all losses--especially - from broken banks. This bill was for them; and, in voting for - it, he had but one regret, and that was, that it did not go far - enough--that it was not equal to their merits." - -The bill passed by a good majority--27 to 16; but failed to be -acted upon in the House of Representatives, though favorably -reported upon by its committee on the public lands. - -2. The pre-emptive system. The provisions of the bill were -simple, being merely to secure the privilege of first purchase -to the settler on any lands to which the Indian title had been -extinguished; to be paid for at the minimum price of the public -lands at the time. A senator from Maryland, Mr. Merrick, moved to -amend the bill by confining its benefits to citizens of the United -States--excluding unnaturalized foreigners. Mr. Benton opposed this -motion, in a brief speech. - -"He was entirely opposed to the amendment of the senator from -Maryland (Mr. MERRICK). It proposed something new in our -legislation. It proposed to make a distinction between aliens -and citizens in the acquisition of property. Pre-emption rights -had been granted since the formation of the government; and no -distinction, until now, had been proposed, between the persons, -or classes of persons, to whom they were granted. No law had yet -excluded aliens from the acquisition of a pre-emption right, and -he was entirely opposed to commencing a system of legislation -which was to affect the property rights of the aliens who came to -our country to make it their home. Political rights rested on a -different basis. They involved the management of the government, -and it was right that foreigners should undergo the process of -naturalization before they acquired the right of sharing in the -government. But the acquisition of property was another affair. It -was a private and personal affair. It involved no question but that -of the subsistence, the support, and the comfortable living of the -alien and his family. Mr. B. would be against the principle of the -proposed amendment in any case, but he was particularly opposed to -this case. Who were the aliens whom it proposed to affect? Not those -who are described as paupers and criminals, infesting the purlieus -of the cities, but those who had gone to the remote new States, -and to the remote parts of those States, and into the depths of -the wilderness, and there commenced the cultivation of the earth. -These were the description of aliens to be affected; and if the -amendment was adopted, they would be excluded from a pre-emption -right in the soil they were cultivating, and made to wait until -they were naturalized. The senator from Maryland (Mr. MERRICK), -treats this as a case of bounty. He treats the pre-emption right as -a bounty from the government, and says that aliens have no right -to this bounty. But, is this correct? Is the pre-emption a bounty? -Far from it. In point of money, the pre-emptioner pays about as -much as any other purchaser. He pays the government price, one -dollar and twenty-five cents; and the table of land sales proves -that nobody pays any more, or so little more that it is nothing in -a national point of view. One dollar twenty-seven and a half cents -per acre is the average of all the sales for fifteen years. The -twenty millions of acres sold to speculators in the year 1836, all -went at one dollar and twenty-five cents per acre. The pre-emption -then is not a bounty, but a sale, and a sale for full price, and, -what is more, for solid money; for pre-emptioners pay with gold and -silver, and not with bank credits. Numerous were the emigrants from -Germany, France, Ireland, and other countries, now in the West, and -especially in Missouri, and he (Mr. B.) had no idea of imposing any -legal disability upon them in the acquisition of property. He wished -them all well. If any of them had settled upon the public lands, so -much the better. It was an evidence of their intention to become -citizens, and their labor upon the soil would add to its product and -to the national wealth." - -The motion of Mr. Merrick was rejected by a majority of 13. The -yeas were: Messrs. Bayard, Clay of Kentucky, Clayton, Crittenden, -Davis, Knight, Merrick, Prentiss, Preston, Rives, Robbins, Smith, -of Indiana, Southard, Spence, Tallmadge, Tipton, 15. The nays were: -Messrs. Allen, Benton, Brown, Buchanan, Calhoun, Clay, of Alabama, -Cuthbert, Fulton, Grundy, Hubbard, King, Linn, Lumpkin, Lyon, -Mouton, Nicholas, Niles, Nowell, Pierce, Roane, Robinson, Sevier, -Walker, Webster, White, Williams, Wright, Young, of Illinois, (28.) -The bill being then put to the vote, was passed by a majority of 14. - -3. Taxation of public lands when sold. When the United States first -instituted their land system, the sales were upon credit, at a -minimum price of two dollars, payable in four equal annual payments, -with a liability to revert if there should be any failure in the -payments. During that time it was considered as public land, nor -was the title passed until the patent issued--which might be a -year longer. Five years, therefore, was the period fixed, during -which the land so sold should be exempt from taxation by the State -in which it lay. This continued to be the mode of sale, until the -year 1821, when the credit was changed for the cash system, and the -minimum price reduced to one dollar twenty-five cents per acre. -The reason for the five years exemption from state taxation had -then ceased, but the compacts remaining unaltered, the exemption -continued. Repeated applications were made to Congress to consent -to the modification of the compacts in that article; but always in -vain. At this session the application was renewed on the part of the -new States; and with success in the Senate, where the bill for that -purpose passed nearly unanimously, the negatives being but four, to -wit: Messrs. Brown, Clay of Kentucky, Clayton, Southard. Being sent -to the H. R. it remained there without action till the end of the -session. - - - - -CHAPTER XXXI. - -SPECIE BASIS FOR BANKS: ONE THIRD OF THE AMOUNT OF LIABILITIES -THE LOWEST SAFE PROPORTION: SPEECH OF MR. BENTON ON THE -RECHARTER OF THE DISTRICT BANKS. - - -This is a point of great moment--one on which the public mind -has not been sufficiently awakened in this country, though well -understood and duly valued in England. The charters of banks in the -United States are usually drawn on this principle, that a certain -proportion of the capital, and sometimes the whole of it, shall be -paid up in gold or silver before the charter shall take effect. -This is the usual provision, without any obligation on the bank to -retain any part of this specie after it gets into operation; and -this provision has too often proved to be illusory and deceptive. -In many cases, the banks have borrowed the requisite amount for a -day, and then returned it; in many other cases, the proportion of -specie, though paid up in good faith, is immediately lent out, or -parted with. The result to the public is about the same in both -cases; the bank has little or no specie, and its place is supplied -by the notes of other banks. The great vice of the banking system in -the United States is in banking upon paper--upon the paper of each -other--and treating this paper as cash. This may be safe among the -banks themselves; it may enable them to settle with one another, and -to liquidate reciprocal balances; but to the public it is nothing. -In the event of a run upon a bank, or a general run upon all banks, -it is specie, and not paper, that is wanted. It is specie, and not -paper, which the public want, and must have. - -The motion of the senator from Pennsylvania [Mr. BUCHANAN] is -intended to remedy this vice in these District banks; it is -intended to impose an obligation on these banks to keep in their -vaults a quantum of specie bearing a certain proportion to the -amount of their immediate liabilities in circulation and deposits. -The gentleman's motion is well intended, but it is defective in -two particulars: first, in requiring the proportion to be the -one-fourth, instead of the one-third, and next, in making it apply -to the private deposits only. The true proportion is one-third, and -this to apply to all the circulation and deposits, except those -which are special. This proportion has been fixed for a hundred -years at the Bank of England; and just so often as that bank has -fallen below this proportion, mischief has occurred. This is the -sworn opinion of the present Governor of the Bank of England, and of -the directors of that institution. Before Lord Althorpe's committee -in 1832, Mr. Horsley Palmer, the Governor of the Bank, testified in -these words: - - "'The average proportion, as already observed, of coin and - bullion which the bank thinks it prudent to keep on hand, is at - the rate of a third of the total amount of all her liabilities, - including deposits as well as issues.' Mr. George Ward Norman, - a director of the bank, states the same thing in a different - form of words. He says: 'For a full state of the circulation - and the deposits, say twenty-one millions of notes and six - millions of deposits, making in the whole twenty-seven millions - of liabilities, the proper sum in coin and bullion for the - bank to retain is nine millions.' Thus, the average proportion - of one-third between the specie on hand and the circulation - and deposits, must be considered as an established principle - at that bank, which is quite the largest, and amongst the - oldest--probably, the very oldest bank of circulation in the - world." - -The Bank of England is not merely required to keep on hand, -in bullion, the one-third of its immediate liabilities; it is -bound also to let the country see that it has, or has not, that -proportion on hand. By an act of the third year of William IV., it -is required to make quarterly publications of the average of the -weekly liabilities of the bank, that the public may see whenever -it descends below the point of safety. Here is the last of these -publications, which is a full exemplification of the rule and the -policy which now governs that bank: - - Quarterly average of the weekly liabilities and assets of the - Bank of England, from the 12th December, 1837, to the 6th of - March, 1838, both inclusive, published pursuant to the act 3 and - William IV., cap. 98: - - Liabilities. Assets. - Circulation, L18,600,000 Securities, L22,792,900 - Deposits, 11,535,000 Bullion, 10,015,000 - ----------- ----------- - L30,135,000 L30,807,000 - - _London, March 12._ - -According to this statement, the Bank of England is now safe; and, -accordingly, we see that she is acting upon the principle of having -bullion enough, for she is shipping gold to the United States. - -The proportion in England is one-third. The bank relies upon its -debts and other resources for the other two-thirds, in the event -of a run upon it. This is the rule in that bank which has more -resources than any other bank in the world; which is situated in -the moneyed metropolis of the world--the richest merchants its -debtors, friends and customers--and the Government of England its -debtor and backer, and always ready to sustain it with exchequer -bills, and with every exertion of its credit and means. Such a bank, -so situated and so aided, still deems it necessary to its safety -to keep in hand always the one-third in bullion of the amount of -its immediate liabilities. Now, if the proportion of one-third is -necessary to the safety of such a bank, with such resources, how is -it possible for our banks, with their meagre resources and small -array of friends, to be safe with a less proportion? - -This is the rule at the Bank of England, and just as often as it has -been departed from, the danger of that departure has been proved. -It was departed from in 1797, when the proportion sunk to the -one-seventh; and what was the result? The stoppage of the banks, and -of all the banks in England, and a suspension of specie payments -for six-and-twenty years! It was departed from again about a year -ago, when the proportion sunk to one-eighth nearly; and what was the -result? A death struggle between the paper systems of England and -the United States, in which our system was sacrificed to save hers. -Her system was saved from explosion! but at what cost?--at what cost -to us, and to herself?--to us a general stoppage of all the banks -for twelve months; to the English, a general stagnation of business, -decline of manufactures, and of commerce, much individual distress, -and a loss of two millions sterling of revenue to the Crown. The -proportion of one-third may then be assumed as the point of safety -in the Bank of England; less than that proportion cannot be safe -in the United States. Yet the senator from Pennsylvania proposes -less--he proposes the one-fourth; and proposes it, not because -he feels it to be the right proportion, but from some feeling of -indulgence or forbearance to this poor District. Now, I think that -this is a case in which kind feelings can have no place, and that -the point in question is one upon which there can be no compromise. -A bank is a bank, whether made in a district or a State; and a bank -ought to be safe, whether the stockholders be rich or poor. Safety -is the point aimed at, and nothing unsafe should be tolerated. -There should be no giving and taking below the point of safety. -Experienced men fix upon the one-third as the safe proportion; we -should not, therefore, take a less proportion. Would the gentleman -ask to let the water in the boiler of a steamboat sink one inch -lower, when the experienced captain informed him that it had already -sunk as low as it was safe to go? Certainly not. So of these banks. -One-third is the point of safety; let us not tamper with danger by -descending to the one-fourth. - -When a bank stops payment, the first thing we see is an exposition -of its means, and a declaration of ultimate ability to pay all -its debts. This is nothing to the holders of its notes. Immediate -ability is the only ability that is of any avail to them. The fright -of some, and the necessity of others, compel them to part with their -notes. Cool, sagacious capitalists can look to ultimate ability, -and buy up the notes from the necessitous and the alarmed. To them -ultimate ability is sufficient; to the community it is nothing. -It is, therefore, for the benefit of the community that the banks -should be required to keep always on hand the one-third of their -circulation and deposits; they are then trusted for two-thirds, and -this is carrying credit far enough. If pressed by a run, it is as -much as a bank can do to make up the other two-thirds out of the -debts due to her. Three to one is credit enough, and it is profit -enough. If a bank draws interest upon three dollars when it has but -one, this is eighteen per cent., and ought to content her. A citizen -cannot lend his money for more than six per cent., and cannot the -banks be contented with eighteen? Must they insist upon issuing four -dollars, or even five, upon one, so as to draw twenty-four or thirty -per cent.; and thus, after paying their officers vast salaries, and -accommodating friends with loans on easy terms, still make enough -out of the business community to cover all expenses and all losses: -and then to divide larger profits than can be made at any other -business? - -The issuing of currency is the prerogative of sovereignty. The real -sovereign in this country--the government--can only issue a currency -of the actual dollar: can only issue gold and silver--and each -piece worth its face. The banks which have the privilege of issuing -currency issue paper; and not content with two more dollars out for -one that is, they go to five, ten, twenty--failing of course on the -first run; and the loss falling upon the holders of its notes--and -especially the holders of the small notes. - -We now touch a point, said Mr. B., vital to the safety of banking, -and I hope it will neither be passed over without decision, nor -decided in an erroneous manner. We had up the same question two -years ago, in the discussion of the bill to regulate the keeping -of the public moneys by the local deposit banks. A senator from -Massachusetts (Mr. WEBSTER) moved the question; he (Mr. B.) -cordially concurred in it; and the proportion of _one-fourth_ was -then inserted. He (Mr. B.) had not seen at that time the testimony -of the governor and directors of the Bank of England, fixing on -the _one-third_ as the proper proportion, and he presumed that the -senator from Massachusetts (Mr. W.) had not then seen it, as on -another occasion he quoted it with approbation, and stated it to -be the proportion observed at the Bank of the United States. The -proportion of one-fourth was then inserted in the deposit bill; -it was an erroneous proportion, but even that proportion was not -allowed to stand. After having been inserted in the bill, it was -struck out; and it was left to the discretion of the Secretary of -the Treasury to fix the proportion. To this I then objected, and -gave my reasons for it. I was for fixing the proportion, because -I held it vital to the safety of the deposit banks; I was against -leaving it to the secretary, because it was a case in which the -inflexible rule of law, and not the variable dictate of individual -discretion should be exercised; and because I was certain that no -secretary could be relied upon to compel the banks to _toe the -mark_, when Congress itself had flinched from the task of making -them do it. My objections were unavailing. The proportion was struck -out of the bill; the discretion of the secretary to fix it was -substituted; and that discretion it was impossible to exercise with -any effect over the banks. They were, that is to say, many of them -were, far beyond the mark then; and at the time of the issuing of -the Treasury order in July, 1836, there were deposit banks, whose -proportion of specie in hand to their immediate liabilities was as -one to twenty, one to thirty, one to forty, and even one to fifty! -The explosion of all such banks was inevitable. The issuing of -the Treasury order improved them a little: they began to increase -their specie, and to diminish their liabilities; but the gap was -too wide--the chasm was too vast to be filled: and at the touch of -pressure, all these banks fell like nine-pins! They tumbled down in -a heap, and lay there, without the power of motion, or scarcely of -breathing. Such was the consequence of our error in omitting to fix -the proper proportion of specie in hand to the liabilities of our -deposit banks: let us avoid that error in the bill now before us. - - - - -CHAPTER XXXII. - -THE NORTH AND THE SOUTH: COMPARATIVE PROSPERITY: SOUTHERN -DISCONTENT: ITS TRUE CAUSE. - - -To show the working of the federal government is the design of -this View--show how things are done under it and their effects; -that the good may be approved and pursued, the evil condemned and -avoided, and the machine of government be made to work equally -for the benefit of the whole Union, according to the wise and -beneficent intent of its founders. It thus becomes necessary to -show its working in the two great Atlantic sections, originally -sole parties to the Union--the North and the South--complained of -for many years on one part as unequal and oppressive, and made so -by a course of federal legislation at variance with the objects of -the confederation and contrary to the intent or the words of the -constitution. - -The writer of this View sympathized with that complaint; believed it -to be, to much extent, well founded; saw with concern the corroding -effect it had on the feelings of patriotic men of the South; and -often had to lament that a sense of duty to his own constituents -required him to give votes which his judgment disapproved and his -feelings condemned. This complaint existed when he came into the -Senate; it had, in fact, commenced in the first years of the federal -government, at the time of the assumption of the State debts, the -incorporation of the first national bank, and the adoption of the -funding system; all of which drew capital from the South to the -North. It continued to increase; and, at the period to which this -chapter relates, it had reached the stage of an organized sectional -expression in a voluntary convention of the Southern States. It had -often been expressed in Congress, and in the State legislatures, -and habitually in the discussions of the people; but now it took -the more serious form of joint action, and exhibited the spectacle -of a part of the States assembling sectionally to complain formally -of the unequal, and to them, injurious operation of the common -government, established by common consent for the common good, and -now frustrating its object by departing from the purposes of its -creation. The convention was called commercial, and properly, as the -grievance complained of was in its root commercial, and a commercial -remedy was proposed. - -It met at Augusta, Georgia, and afterwards at Charleston, South -Carolina; and the evil complained of and the remedy proposed were -strongly set forth in the proceedings of the body, and in addresses -to the people of the Southern and Southwestern States. The changed -relative condition of the two sections of the country, before and -since the Union, was shown in their general relative depression -or prosperity since that event, and especially in the reversed -condition of their respective foreign import trade. In the colonial -condition the comparison was wholly in favor of the South; under the -Union wholly against it. Thus, in the year 1760--only sixteen years -before the Declaration of Independence--the foreign imports into -Virginia were L850,000 sterling, and into South Carolina L555,000; -while into New York they were only L189,000, into Pennsylvania -L490,000; and into all the New England Colonies collectively only -L561,000. - -These figures exhibit an immense superiority of commercial -prosperity on the side of the South in its colonial state, sadly -contrasting with another set of figures exhibited by the convention -to show its relative condition within a few years after the Union. -Thus, in the year 1821, the imports into New York had risen to -$23,000,000--being about seventy times its colonial import at about -an equal period before the adoption of the constitution; and those -of South Carolina stood at $3,000,000--which, for all practical -purposes, may be considered the same that they were in 1760. - -Such was the difference--the reversed conditions--of the -two sections, worked between them in the brief space of two -generations--within the actual lifetime of some who had seen their -colonial conditions. The proceedings of the convention did not -stop there, but brought down the comparison (under this commercial -aspect) to near the period of its own sitting--to the actual period -of the highest manifestation of Southern discontent, in 1832--when -it produced the enactment of the South Carolina nullifying -ordinance. At that time all the disproportions between the foreign -commerce of the two sections had inordinately increased. The New -York imports (since 1821) had more than doubled; the Virginia had -fallen off one-half; South Carolina two-thirds. The actual figures -stood: New York fifty-seven millions of dollars, Virginia half a -million, South Carolina one million and a quarter. - -This was a disheartening view, and rendered more grievous by the -certainty of its continuation, the prospect of its aggravation, and -the conviction that the South (in its great staples) furnished -the basis for these imports; of which it received so small a -share. To this loss of its import trade, and its transfer to the -North, the convention attributed, as a primary cause, the reversed -conditions of the two sections--the great advance of one in wealth -and improvements--the slow progress and even comparative decline of -the other; and, with some allowance for the operation of natural -or inherent causes, referred the effect to a course of federal -legislation unwarranted by the grants of the constitution and the -objects of the Union, which subtracted capital from one section -and accumulated it in the other:--protective tariff, internal -improvements, pensions, national debt, two national banks, the -funding system and the paper system; the multiplication of offices, -profuse and extravagant expenditure, the conversion of a limited -into an almost unlimited government; and the substitution of power -and splendor for what was intended to be a simple and economical -administration of that part of their affairs which required a -general head. - -These were the points of complaint--abuses--which had led to the -collection of an enormous revenue, chiefly levied on the products -of one section of the Union and mainly disbursed in another. So -far as northern advantages were the result of fair legislation for -the accomplishment of the objects of the Union, all discontent or -complaint was disclaimed. All knew that the superior advantages of -the North for navigation would give it the advantage in foreign -commerce; but it was not expected that these facilities would -operate a monopoly on one side and an extinction on the other; nor -was that consequence allowed to be the effect of these advantages -alone, but was charged to a course of legislation not warranted -by the objects of the Union, or the terms of the constitution, -which created it. To this course of legislation was attributed -the accumulation of capital in the North, which had enabled that -section to monopolize the foreign commerce which was founded upon -southern exports; to cover one part with wealth while the other was -impoverished; and to make the South tributary to the North, and -suppliant to it for a small part of the fruits of their own labor. - -Unhappily there was some foundation for this view of the case; -and in this lies the root of the discontent of the South and its -dissatisfaction with the Union, although it may break out upon -another point. It is in this belief of an incompatibility of -interest, from the perverted working of the federal government, that -lies the root of southern discontent, and which constitutes the -danger to the Union, and which statesmen should confront and grapple -with; and not in any danger to slave property, which has continued -to aggrandize in value during the whole period of the cry of danger, -and is now of greater price than ever was known before; and such as -our ancestors would have deemed fabulous. The sagacious Mr. Madison -knew this--knew where the danger to the Union lay, when, in the 86th -year of his age, and the last of his life, and under the anguish -of painful misgivings, he wrote (what is more fully set out in the -previous volume of this work) these portentous words: - - "_The visible susceptibility to the contagion of nullification - in the Southern States, the sympathy arising from known causes, - and the inculcated impression of a permanent incompatibility - of interest between the North and the South, may put it in the - power of popular leaders, aspiring to the highest stations, to - unite the South, on some critical occasion, in some course of - action of which nullification may be the first step, secession - the second, and a farewell separation the last._" - -So viewed the evil, and in his last days, the great surviving -founder of the Union--seeing, as he did, in this inculcated -impression of a permanent incompatibility of interest between the -two sections, the fulcrum or point of support, on which disunion -could rest its lever, and parricidal hands build its schemes. -What has been published in the South and adverted to in this View -goes to show that an incompatibility of interest between the two -sections, though not inherent, has been produced by the working of -the government--not its fair and legitimate, but its perverted and -unequal working. - -This is the evil which statesmen should see and provide against. -Separation is no remedy; exclusion of Northern vessels from Southern -ports is no remedy; but is disunion itself--and upon the very -point which caused the Union to be formed. Regulation of commerce -between the States, and with foreign nations, was the cause of the -formation of the Union. Break that regulation, and the Union is -broken; and the broken parts converted into antagonist nations, -with causes enough of dissension to engender perpetual wars, and -inflame incessant animosities. The remedy lies in the right working -of the constitution; in the cessation of unequal legislation in -the reduction of the inordinate expenses of the government; in -its return to the simple, limited, and economical machine it was -intended to be; and in the revival of fraternal feelings, and -respect for each other's rights and just complaints; which would -return of themselves when the real cause of discontent was removed. - -The conventions of Augusta and Charleston proposed their remedy -for the Southern depression, and the comparative decay of which -they complained. It was a fair and patriotic remedy--that -of becoming their own exporters, and opening a direct trade -in their own staples between Southern and foreign ports. -It was recommended--attempted--failed. Superior advantages -for navigation in the North--greater aptitude of its people -for commerce--established course of business--accumulated -capital--continued unequal legislation in Congress; and increasing -expenditures of the government, chiefly disbursed in the North, -and defect of seamen in the South (for mariners cannot be made -of slaves), all combined to retain the foreign trade in the -channel which had absorbed it; and to increase it there with the -increasing wealth and population of the country, and the still -faster increasing extravagance and profusion of the government. And -now, at this period (1855), the foreign imports at New York are -$195,000,000; at Boston $58,000,000; in Virginia $1,250,000; in -South Carolina $1,750,000. - -This is what the dry and naked figures show. To the memory and -imagination it is worse; for it is a tradition of the Colonies that -the South had been the seat of wealth and happiness, of power and -opulence; that a rich population covered the land, dispensing a -baronial hospitality, and diffusing the felicity which themselves -enjoyed; that all was life, and joy, and affluence then. And this -tradition was not without similitude to the reality, as this -writer can testify; for he was old enough to have seen (after the -Revolution) the still surviving state of Southern colonial manners, -when no traveller was allowed to go to a tavern, but was handed over -from family to family through entire States; when holidays were -days of festivity and expectation, long prepared for, and celebrated -by master and slave with music and feasting, and great concourse of -friends and relatives; when gold was kept in desks or chests (after -the downfall of continental paper) and weighed in scales, and lent -to neighbors for short terms without note, interest, witness, or -security; and on bond and land security for long years and lawful -usance: and when petty litigation was at so low an ebb that it -required a fine of forty pounds of tobacco to make a man serve as -constable. - -The reverse of all this was now seen and felt,--not to the whole -extent which fancy or policy painted--but to extent enough to -constitute a reverse, and to make a contrast, and to excite the -regrets which the memory of past joys never fails to awaken. A -real change had come, and this change, the effect of many causes, -was wholly attributed to one--the unequal working of the Federal -Government--which gave all the benefits of the Union to the North, -and all its burdens to the South. And that was the point on which -Southern discontent broke out--on which it openly rested until 1835; -when it was shifted to the danger of slave property. - -Separation is no remedy for these evils, but the parent of far -greater than either just discontent or restless ambition would fly -from. To the South the Union is a political blessing; to the North -it is both a political and a pecuniary blessing; to both it should -be a social blessing. Both sections should cherish it, and the -North most. The story of the boy that killed the goose that laid -the golden egg every day, that he might get all the eggs at once, -was a fable; but the Northern man who could promote separation by -any course of wrong to the South would convert that fable into -history--his own history--and commit a folly, in a mere profit and -loss point of view, of which there is no precedent except in fable. - - - - -CHAPTER XXXIII. - -PROGRESS OF THE SLAVERY AGITATION: MR. CALHOUN'S APPROVAL OF THE -MISSOURI COMPROMISE - - -This portentous agitation, destined to act so seriously on the -harmony, and possibly on the stability of the Union, requires to -be noted in its different stages, that responsibility may follow -culpability, and the judgment of history fall where it is due, if -a deplorable calamity is made to come out of it. In this point -of view the movements for and against slavery in the session of -1837-'38 deserve to be noted, as of disturbing effect at the time; -and as having acquired new importance from subsequent events. Early -in the session a memorial was presented in the Senate from the -General Assembly of Vermont, remonstrating against the annexation -of Texas to the United States, and praying for the abolition of -slavery in the District of Columbia--followed by many petitions from -citizens and societies in the Northern States to the same effect; -and, further, for the abolition of slavery in the Territories--for -the abolition of the slave trade between the States--and for the -exclusion of future slave States from the Union. - -There was but little in the state of the country at that time to -excite an anti-slavery feeling, or to excuse these disturbing -applications to Congress. There was no slave territory at that time -but that of Florida; and to ask to abolish slavery there, where it -had existed from the discovery of the continent, or to make its -continuance a cause for the rejection of the State when ready for -admission into the Union, and thus form a free State in the rear -of all the great slave States, was equivalent to praying for a -dissolution of the Union. Texas, if annexed, would be south of 36 deg. -30', and its character, in relation to slavery, would be fixed by -the Missouri compromise line of 1820. The slave trade between the -States was an affair of the States, with which Congress had nothing -to do; and the continuance of slavery in the District of Columbia, -so long as it existed in the adjacent States of Virginia and -Maryland, was a point of policy in which every Congress, and every -administration, had concurred from the formation of the Union; and -in which there was never a more decided concurrence than at present. - -The petitioners did not live in any Territory, State, or district -subject to slavery. They felt none of the evils of which they -complained--were answerable for none of the supposed sin which they -denounced--were living under a general government which acknowledged -property in slaves--and had no right to disturb the rights of the -owner: and they committed a cruelty upon the slave by the additional -rigors which their pernicious interference brought upon him. - -The subject of the petitions was disagreeable in itself; the -language in which they were couched was offensive; and the -wantonness of their presentation aggravated a proceeding -sufficiently provoking in the civilest form in which it could be -conducted. Many petitions were in the same words, bearing internal -evidence of concert among their signers; many were signed by women, -whose proper sphere was far from the field of legislation; all -united in a common purpose, which bespoke community of origin, and -the superintendence of a general direction. Every presentation gave -rise to a question and debate, in which sentiments and feelings -were expressed and consequences predicted, which it was painful to -hear. While almost every senator condemned these petitions, and the -spirit in which they originated, and the language in which they were -couched, and considered them as tending to no practical object, and -only calculated to make dissension and irritation, there were others -who took them in a graver sense, and considered them as leading to -the inevitable separation of the States. In this sense Mr. Calhoun -said: - - "He had foreseen what this subject would come to. He knew its - origin, and that it lay deeper than was supposed. It grew out - of a spirit of fanaticism which was daily increasing, and, if - not met _in limine_, would by and by dissolve this Union. It was - particularly our duty to keep the matter out of the Senate--out - of the halls of the National Legislature. These fanatics were - interfering with what they had no right. Grant the reception - of these petitions, and you will next be asked to act on them. - He was for no conciliatory course, no temporizing; instead of - yielding one inch, he would rise in opposition; and he hoped - every man from the South would stand by him to put down this - growing evil. There was but one question that would ever destroy - this Union, and that was involved in this principle. Yes; this - was potent enough for it, and must be early arrested if the - Union was to be preserved. A man must see little into what is - going on if he did not perceive that this spirit was growing, - and that the rising generation was becoming more strongly imbued - with it. It was not to be stopped by reports on paper, but by - action, and very decided action." - -The question which occupied the Senate was as to the most judicious -mode of treating these memorials, with a view to prevent their -evil effects: and that was entirely a question of policy, on which -senators disagreed who concurred in the main object. Some deemed -it most advisable to receive and consider the petitions--to refer -them to a committee--and subject them to the adverse report which -they would be sure to receive; as had been done with the Quakers' -petitions at the beginning of the government. Others deemed it -preferable to refuse to receive them. The objection urged to this -latter course was, that it would mix up a new question with the -slavery agitation which would enlist the sympathies of many who did -not co-operate with the Abolitionists--the question of the right -of petition; and that this new question, mixing with the other, -might swell the number of petitioners, keep up the applications -to Congress, and perpetuate an agitation which would otherwise -soon die out. Mr. CLAY, and many others were of this opinion; Mr. -CALHOUN and his friends thought otherwise; and the result was, so -far as it concerned the petitions of individuals and societies, what -it had previously been--a half-way measure between reception and -rejection--a motion to lay the question of reception on the table. -This motion, precluding all discussion, got rid of the petitions -quietly, and kept debate out of the Senate. In the case of the -memorial from the State of Vermont, the proceeding was slightly -different in form, but the same in substance. As the act of a -State, the memorial was received; but after reception was laid on -the table. Thus all the memorials and petitions were disposed of -by the Senate in a way to accomplish the two-fold object, first, -of avoiding discussion; and, next, condemning the object of the -petitioners. It was accomplishing all that the South asked; and -if the subject had rested at that point, there would have been -nothing in the history of this session, on the slavery agitation, -to distinguish it from other sessions about that period: but the -subject was revived; and in a way to force discussion, and to -constitute a point for the retrospect of history. - -Every memorial and petition had been disposed of according to the -wishes of the senators from the slaveholding States; but Mr. Calhoun -deemed it due to those States to go further, and to obtain from the -Senate declarations which should cover all the questions of federal -power over the institution of slavery: although he had just said -that paper reports would do no good. For that purpose, he submitted -a series of resolves--six in number--which derive their importance -from their comparison, or rather contrast, with others on the same -subject presented by him in the Senate ten years later; and which -have given birth to doctrines and proceedings which have greatly -disturbed the harmony of the Union, and palpably endangered its -stability. The six resolutions of this period ('37-'38) undertook to -define the whole extent of the power delegated by the States to the -federal government on the subject of slavery; to specify the acts -which would exceed that power; and to show the consequences of doing -any thing not authorized to be done--always ending in a dissolution -of the Union. The first four of these related to the States; about -which, there being no dispute, there was no debate. The sixth, -without naming Texas, was prospective, and looked forward to a case -which might include her annexation; and was laid upon the table to -make way for an express resolution from Mr. Preston on the same -subject. The fifth related to the territories, and to the District -of Columbia, and was the only one which excited attention, or has -left a surviving interest. It was in these words: - - "_Resolved_, That the intermeddling of any State, or States, - or their citizens, to abolish slavery in this District, or any - of the territories, on the ground or under the pretext that it - is immoral or sinful, or the passage of any act or measure of - Congress with that view, would be a direct and dangerous attack - on the institutions of all the slaveholding States." - -The dogma of "no power in Congress to legislate upon the existence -of slavery in territories" had not been invented at that time; -and, of course, was not asserted in this resolve, intended by -its author to define the extent of the federal legislative power -on the subject. The resolve went upon the existence of the power, -and deprecated its abuse. It put the District of Columbia and -the territories into the same category, both for the exercise of -the power and the consequences to result from the intermeddling -of States or citizens, or the passage of any act of Congress to -abolish slavery in either; and this was admitting the power in -the territory, as in the District; where it is an express grant -in the grant of all legislative power. The intermeddling and -the legislation were deprecated in both solely on the ground -of inexpediency. Mr. Clay believed this inexpediency to rest -upon different grounds in the District and in the territory of -Florida--the only territory in which slavery then existed, and to -which Mr. Calhoun's resolution could apply. He was as much opposed -as any one to the abolition of slavery in either of these places, -but believed that a different reason should be given for each, -founded in their respective circumstances; and, therefore, submitted -an amendment, consisting of two resolutions--one applicable to the -District, the other to the territory. In stating the reasons why -slavery should not be abolished in Florida, he quoted the Missouri -compromise line of 1820. This was objected to by other senators, on -the ground that that line did not apply to Florida, and that her -case was complete without it. Of that opinion was the Senate, and -the clause was struck out. This gave Mr. Calhoun occasion to speak -of that compromise, and of his own course in relation to it; in the -course of which he declared himself to have been favorable to that -memorable measure at the time it was adopted, but opposed to it now, -from having experienced its ill effect in encouraging the spirit of -abolitionism: - - "He was glad that the portion of the amendment which referred - to the Missouri compromise had been struck out. He was not a - member of Congress when that compromise was made, but it is - due to candor to state that his impressions were in its favor; - but it is equally due to it to say that, with his present - experience and knowledge of the spirit which then, for the first - time, began to disclose itself, he had entirely changed his - opinion. He now believed that it was a dangerous measure, and - that it has done much to rouse into action the present spirit. - Had it then been met with uncompromising opposition, such as - a then distinguished and sagacious member from Virginia [Mr. - RANDOLPH], now no more, opposed to it, abolition might have - been crushed for ever in its birth. He then thought of Mr. - Randolph as, he doubts not, many think of him now who have not - fully looked into this subject, that he was too unyielding--too - uncompromising--too impracticable; but he had been taught his - error, and took pleasure in acknowledging it." - -This declaration is explicit. It is made in a spirit of candor, and -as due to justice. It is a declaration spontaneously made, not an -admission obtained on interrogatories. It shows that Mr. Calhoun -was in favor of the compromise at the time it was adopted, and had -since changed his opinions--"entirely changed" them, to use his -own words--not on constitutional, but expedient grounds. He had -changed upon experience, and upon seeing the dangerous effects of -the measure. He had been taught his error, and took pleasure in -acknowledging it. He blamed Mr. Randolph then for having been too -uncompromising; but now thought him sagacious; and believed that -if the measure had met with uncompromising opposition at the time, -it would have crushed for ever the spirit of abolitionism. All -these are reasons of expediency, derived from after-experience, and -excludes the idea of any constitutional objection. The establishment -of the Missouri compromise line was the highest possible exercise of -legislative authority over the subject of slavery in a territory. -It abolished it where it legally existed. It for ever forbid it -where it had legally existed for one hundred years. Mr. Randolph -was the great opponent of the compromise. He gave its friends all -their trouble. It was then he applied the phrase, so annoying and -destructive to its northern supporters--"dough face,"--a phrase -which did them more harm than the best-reasoned speech. All the -friends of the compromise blamed his impracticable opposition; -and Mr. Calhoun, in joining in that blame, placed himself in the -ranks of the cordial friends of the measure. This abolition and -prohibition extended over an area large enough to make a dozen -States; and of all this Mr. Calhoun had been in favor; and now had -nothing but reasons of expediency, and they _ex post facto_, against -it. His expressed belief now was, that the measure was dangerous--he -does not say unconstitutional, but dangerous--and this corresponds -with the terms of his resolution then submitted; which makes the -intermeddling to abolish slavery in the District or territories, or -any act or measure of Congress to that effect, a "dangerous" attack -on the institutions of the slaveholding States. Certainly the idea -of the unconstitutionality of such legislation had not then entered -his head. The substitute resolve of Mr. Clay differed from that -of Mr. Calhoun, in changing the word "intermeddling" to that of -"interference;" and confining that word to the conduct of citizens, -and making the abolition or attempted abolition of slavery in the -District an injury to its own inhabitants as well as to the States; -and placing its protection under the faith implied in accepting its -cession from Maryland and Virginia. It was in these words: - - "That the interference by the citizens of any of the States, - with the view to the abolition of slavery in this District, - is endangering the rights and security of the people of the - District; and that any act or measure of Congress, designed - to abolish slavery in this District, would be a violation of - the faith implied in the cessions by the States of Virginia - and Maryland--a just cause of alarm to the people of the - slaveholding States--and have a direct and inevitable tendency - to disturb and endanger the Union." - -The vote on the final adoption of the resolution was: - -"YEAS--Messrs. Allen, Bayard, Benton, Black, Brown, Buchanan, -Calhoun, Clay, of Alabama, Clay, of Kentucky, Thomas Clayton, -Crittenden, Cuthbert, Fulton, Grundy, Hubbard, King, Lumpkin, Lyon, -Nicholas, Niles, Norvell, Franklin Pierce, Preston, Rives, Roane, -Robinson, Sevier, Smith, of Connecticut, Strange, Tallmadge, Tipton, -Walker, White, Williams, Wright, Young. - -"NAYS--Messrs. Davis, Knight, McKean, Morris, Prentiss, Smith, of -Indiana, Swift, Webster." - -The second resolution of Mr. Clay applied to slavery in a territory -where it existed, and deprecated any attempt to abolish it in -such territory, as alarming to the slave States, and as violation -of faith towards its inhabitants, unless they asked it; and in -derogation of its right to decide the question of slavery for itself -when erected into a State. This resolution was intended to cover the -case of Florida, and ran thus: - - "_Resolved_, That any attempt of Congress to abolish slavery - in any territory of the United States in which it exists would - create serious alarm and just apprehension in the States - sustaining that domestic institution, and would be a violation - of good faith towards the inhabitants of any such territory who - have been permitted to settle with, and hold, slaves therein; - because the people of any such territory have not asked for - the abolition of slavery therein; and because, when any such - territory shall be admitted into the Union as a State, the - people thereof shall be entitled to decide that question - exclusively for themselves." - -And the vote upon it was-- - -"YEAS--Messrs. Allen, Bayard, Benton, Black, Brown, Buchanan, -Calhoun, Clay, of Alabama, Clay, of Kentucky, Crittenden, Cuthbert, -Fulton, Grundy, Hubbard, King, Lumpkin, Lyon, Merrick, Nicholas, -Niles, Norvell, Franklin Pierce, Preston, Rives, Roane, Robinson, -Sevier, Smith, of Connecticut, Strange, Tipton, Walker, White, -Williams, Wright, and Young. - -"NAYS--Messrs. Thomas Clayton, Davis, Knight, McKean, Prentiss, -Robbins, Smith, of Indiana, Swift, and Webster." - -The few senators who voted against both resolutions chiefly -did so for reasons wholly unconnected with their merits; some -because opposed to any declarations on the subject, as abstract -and inoperative; others because they dissented from the reasons -expressed, and preferred others: and the senators from Delaware (a -slave State) because they had a nullification odor about them, as -first introduced. Mr. Calhoun voted for both, not in preference to -his own, but as agreeing to them after they had been preferred by -the Senate; and so gave his recorded assent to the doctrines they -contained. Both admit the constitutional power of Congress over -the existence of slavery both in the district and the territories, -but deprecate its abolition where it existed for reasons of high -expediency: and in this view it is believed nearly the entire -Senate concurred; and quite the entire Senate on the constitutional -point--there being no reference to that point in any part of the -debates. Mr. Webster probably spoke the sentiments of most of those -voting with him, as well as his own, when he said: - - "If the resolutions set forth that all domestic institutions, - except so far as the constitution might interfere, and any - intermeddling therewith by a State or individual, was contrary - to the spirit of the confederacy, and was thereby illegal and - unjust, he would give them his hearty and cheerful support; and - would do so still if the senator from South Carolina would - consent to such an amendment; but in their present form he must - give his vote against them." - -The general feeling of the Senate was that of entire repugnance -to the whole movement--that of the petitions and memorials on the -one hand, and Mr. Calhoun's resolutions on the other. The former -were quietly got rid of, and in a way to rebuke, as well as to -condemn their presentation; that is to say, by motions (sustained -by the body) to lay them on the table. The resolutions could not so -easily be disposed of, especially as their mover earnestly demanded -discussion, spoke at large, and often, himself; "and desired to make -the question, on their rejection or adoption, a _test_ question." -They were abstract, leading to no result, made discussion where -silence was desirable, frustrated the design of the Senate in -refusing to discuss the abolition petitions, gave them an importance -to which they were not entitled, promoted agitation, embarrassed -friendly senators from the North, placed some in false positions; -and brought animadversions from many. Thus, Mr. Buchanan: - - "I cannot believe that the senator from South Carolina has taken - the best course to attain these results (quieting agitation). - This is the great centre of agitation; from this capital it - spreads over the whole Union. I therefore deprecate a protracted - discussion of the question here. It can do no good, but may do - much harm, both in the North and in the South. The senators - from Delaware, although representing a slaveholding State, have - voted against these resolutions because, in their opinion, they - can detect in them the poison of nullification. Now, I can see - no such thing in them, and am ready to avow in the main they - contain nothing but correct political principles, to which I am - devoted. But what then? These senators are placed in a false - position, and are compelled to vote against resolutions the - object of which they heartily approve. Again, my friend, the - senator from New Jersey (Mr. Wall), votes against them because - they are political abstractions of which he thinks the Senate - ought not to take cognizance, although he is as much opposed to - abolition, and as willing to maintain the constitutional rights - of the South as any senator upon this floor. Other senators - believe the right of petition has been endangered; and until - that has been established they will not vote for any resolutions - on the subject. Thus we stand: and those of us in the North - who must sustain the brunt of the battle are forced into false - positions. Abolition thus acquires force by bringing to its aid - the right of petition, and the hostility which exists at the - North against the doctrines of nullification. It is in vain - to say that these principles are not really involved in the - question. This may be, and in my opinion is, true; but why, - by our conduct here, should we afford the abolitionists such - plausible pretexts? The fact is, and it cannot be disguised, - that those of us in the Northern States who have determined - to sustain the rights of the slave States at every hazard - are placed in a most embarrassing situation. We are almost - literally between two fires. Whilst in front we are assailed by - the abolitionists, our own friends in the South are constantly - driving us into positions where their enemies and our enemies - may gain important advantages." - -And thus Mr. Crittenden: - - "If the object of these resolutions was to produce peace, and - allay excitement, it appeared to him that they were not very - likely to accomplish such a purpose. More vague and general - abstractions could hardly have been brought forward, and they - were more calculated to produce agitation and stir up discontent - and bad blood than to do any good whatever. Such he knew was - the general opinion of Southern men, few of whom, however - they assented to the abstractions, approved of this method of - agitating the subject. The mover of these resolutions relies - mainly on two points to carry the Senate with him: first, he - reiterates the cry of danger to the Union; and, next, that if - he is not followed in this movement he urges the inevitable - consequence of the destruction of the Union. It is possible the - gentleman may be mistaken. It possibly might not be exactly true - that, to save the Union, it was necessary to follow him. On the - contrary, some were of opinion, and he for one was much inclined - to be of the same view, that to follow the distinguished mover - of these resolutions--to pursue the course of irritation, - agitation, and intimidation which he chalked out--would be the - very best and surest method that could be chalked out to destroy - this great and happy Union." - -And thus Mr. Clay: - - "The series of resolutions under consideration has been - introduced by the senator from South Carolina, after he and - other senators from the South had deprecated discussion on the - delicate subject to which they relate. They have occasioned - much discussion, in which hitherto I have not participated. I - hope that the tendency of the resolutions may be to allay the - excitement which unhappily prevails in respect to the abolition - of slavery; but I confess that, taken altogether, and in - connection with other circumstances, and especially considering - the manner in which their author has pressed them on the Senate, - I fear that they will have the opposite effect; and particularly - at the North, that they may increase and exasperate instead of - diminishing and assuaging the existing agitation." - -And thus Mr. Preston, of South Carolina: - - "His objections to the introduction of the resolutions were - that they allowed ground for discussion; and that the subject - ought never to be allowed to enter the halls of the legislative - assembly, was always to be taken for granted by the South; and - what would abstract propositions of this nature effect?" - -And thus Mr. Strange, of North Carolina: - - "What did they set forth but abstract principles, to which the - South had again and again certified? What bulwark of defence was - needed stronger than the constitution itself? Every movement - on the part of the South only gave additional strength to - her opponents. The wisest, nay, the only safe, course was to - remain quiet, though prepared at the same time to resist all - aggression. Questions like this only tended to excite angry - feelings. The senator from South Carolina (Mr. CALHOUN) charged - him with '_preaching_' to one side. Perhaps he had sermonized - too long for the patience of the Senate; but then he had - _preached_ to all sides. It was the agitation of the question in - any form, or shape, that rendered it dangerous. Agitating this - question in any shape was ruinous to the South." - -And thus Mr. Richard H. Bayard, of Delaware: - - "Though he denounced the spirit of abolition as dangerous and - wicked in the extreme, yet he did not feel himself authorized - to vote for the resolutions. If the doctrines contained in them - were correct, then nullification was correct; and if passed - might hereafter be appealed to as a precedent in favor of that - doctrine; though he acquitted the senator [Mr. CALHOUN] of - having the most remote intention of smuggling in any thing in - relation to that doctrine under cover of these resolutions." - -Mr. Calhoun, annoyed by so much condemnation of his course, and -especially from those as determined as himself to protect the slave -institution where it legally existed, spoke often and warmly; and -justified his course from the greatness of the danger, and the fatal -consequences to the Union if it was not arrested. - - "I fear (said Mr. C.) that the Senate has not elevated its - view sufficiently to comprehend the extent and magnitude of - the existing danger. It was perhaps his misfortune to look too - much to the future, and to move against dangers at too great - a distance, which had involved him in many difficulties and - exposed him often to the imputation of unworthy motives. Thus - he had long foreseen the immense surplus revenue which a false - system of legislation must pour into the Treasury, and the fatal - consequences to the morals and institutions of the country - which must follow. When nothing else could arrest it he threw - himself, with his State, into the breach, to arrest dangers - which could not otherwise be arrested; whether wisely or not he - left posterity to judge. He now saw with equal clearness--as - clear as the noonday sun--the fatal consequences which must - follow if the present disease be not timely arrested. He would - repeat again what he had so often said on this floor. This was - the only question of sufficient magnitude and potency to divide - this Union; and divide it it would, or drench the country in - blood, if not arrested. He knew how much the sentiment he had - uttered would be misconstrued and misrepresented. There were - those who saw no danger to the Union in the violation of all its - fundamental principles, but who were full of apprehension when - danger was foretold or resisted, and who held not the authors of - the danger, but those who forewarned or opposed it, responsible - for consequences." - - "But the cry of disunion by the weak or designing had no - terror for him. If his attachment to the Union was less, he - might tamper with the deep disease which now afflicts the body - politic, and keep silent till the patient was ready to sink - under its mortal blows. It is a cheap, and he must say but too - certain a mode of acquiring the character of devoted attachment - to the Union. But, seeing the danger as he did, he would be a - traitor to the Union and those he represented to keep silence. - The assaults daily made on the institutions of nearly one - half of the States of this Union by the other--institutions - interwoven from the beginning with their political and social - existence, and which cannot be other than that without their - inevitable destruction--will and must, if continued, _make - two people of one_ by destroying every sympathy between - the two great sections--obliterating from their hearts the - recollection of their common danger and glory--and implanting - in their place a mutual hatred, more deadly than ever existed - between two neighboring people since the commencement of the - human race. He feared not the circulation of the thousands of - incendiary and slanderous publications which were daily issued - from an organized and powerful press among those intended - to be vilified. They cannot penetrate our section; that - was not the danger; it lay in a different direction. Their - circulation in the non-slaveholding States was what was to be - dreaded. It was infusing a deadly poison into the minds of - the rising generation, implanting in them feelings of hatred, - the most deadly hatred, instead of affection and love, for - one half of this Union, to be returned, on their part, with - equal detestation. The fatal, the immutable consequences, - if not arrested, and that without delay, were such as he had - presented. The first and desirable object is to arrest it in - the non-slaveholding States; to meet the disease where it - originated and where it exists; and the first step to this is to - find some common constitutional ground on which a rally, with - that object, can be made. These resolutions present the ground, - and the only one, on which it can be made. The only remedy is - in the State rights doctrines; and if those who profess them - in slaveholding States do not rally on them as their political - creed, and organize as a party against the fanatics in order to - put them down, the South and West will be compelled to take the - remedy into their own hands. They will then stand justified in - the sight of God and man; and what in that event will follow - no mortal can anticipate. Mr. President (said Mr. C.), we are - reposing on a volcano. The Senate seems entirely ignorant of - the state of feeling in the South. The mail has just brought - us intelligence of a most important step taken by one of the - Southern States in connection with this subject, which will give - some conception of the tone of feeling which begins to prevail - in that quarter." - -It was such speaking as this that induced some votes against the -resolutions. All the senators were dissatisfied at the constant -exhibition of the same remedy (disunion), for all the diseases of -the body politic; but the greater part deemed it right, if they -voted at all, to vote their real sentiments. Many were disposed to -lay the resolutions on the table, as the disturbing petitions had -been; but it was concluded that policy made it preferable to vote -upon them. - -Mr. BENTON did not speak in this debate. He believed, as others -did, that discussion was injurious; that it was the way to keep -up and extend agitation, and the thing above all others which the -abolitionists desired. Discussion upon the floor of the American -Senate was to them the concession of an immense advantage--the -concession of an elevated and commanding theatre for the display -and dissemination of their doctrines. It gave them the point to -stand upon from which they could reach every part of the Union; -and it gave them the _Register of the Debates_, instead of their -local papers, for their organ of communication. Mr. Calhoun was a -fortunate customer for them. - -The Senate, in laying all their petitions and the memorial of -Vermont on the table without debate, signified its desire to -yield them no such advantage. The introduction of Mr. Calhoun's -resolution frustrated that desire, and induced many to do what they -condemned. Mr. Benton took his own sense of the proper course, in -abstaining from debate, and confining the expression of his opinions -to the delivery of votes: and in that he conformed to the _sense_ of -the Senate, and the _action_ of the House of Representatives. Many -hundreds of these petitions were presented in the House, and quietly -laid upon the table (after a stormy scene, and the adoption of a -new rule), under motions to that effect; and this would have been -the case in the Senate, had it not been for the resolutions, the -introduction of which was so generally deprecated. - -The part of this debate which excited no attention at the time, -but has since acquired a momentous importance, is that part in -which Mr. Calhoun declared his favorable disposition to the -Missouri compromise, and his condemnation of Mr. Randolph (its -chief opponent), for opposing it; and his change of opinion since, -not for unconstitutionality, but because he believed it to have -become dangerous in encouraging the spirit of abolitionism. This -compromise was the highest, the most solemn, the most momentous, -the most emphatic assertion of Congressional power over slavery in -a territory which had ever been made, or could be conceived. It -not only abolished slavery where it legally existed; but for ever -prohibited it where it had long existed, and that over an extent -of territory larger than the area of all the Atlantic slave States -put together: and thus yielding to the free States the absolute -predominance in the Union. - -Mr. Calhoun was for that resolution in 1820,--blamed those who -opposed it; and could see no objection to it in 1838 but the -encouragement it gave to the spirit of abolitionism. Nine years -afterwards (session of 1846-'47) he submitted other resolutions -(five in number) on the same power of Congress over slavery -legislation in the territories; in which he denied the power, -and asserted that any such legislation to the prejudice of the -slaveholding emigrants from the States, in preventing them from -removing, with their slave property, to such territory, "would be -a violation of the constitution and the rights of the States from -which such citizens emigrated, and a derogation of that perfect -equality which belongs to them as members of this Union; _and would -tend directly to subvert the Union itself_." - -These resolutions, so new and startling in their doctrines--so -contrary to their antecessors, and to the whole course of the -government--were denounced by the writer of this View the instant -they were read in the Senate, and, being much discountenanced by -other senators, they were never pressed to a vote in that body; but -were afterwards adopted by some of the slave State legislatures. One -year afterwards, in a debate on the Oregon territorial bill, and on -the section which proposed to declare the anti-slavery clause of -the ordinance of 1787 to be in force in that territory, Mr. Calhoun -denied the power of Congress to make any such declaration, or in any -way to legislate upon slavery in a territory. He delivered a most -elaborate and thoroughly considered speech on the subject, in the -course of which he laid down three propositions: - -1. That Congress had no power to legislate upon slavery in a -territory, so as to prevent the citizens of slaveholding States -from removing into it with their slave property. 2. That Congress -had no power to delegate such authority to a territory. 3. That -the territory had no such power in itself (thus leaving the -subject of slavery in a territory without any legislative power -over it at all). He deduced these dogmas from a new insight into -the constitution, which, according to this fresh introspection, -recognized slavery as a national institution, and carried that part -of itself (by its own vigor) into all the territories; and protected -slavery there: _ergo_, neither Congress, nor its deputed territorial -legislature, nor the people of the territory during their -territorial condition, could any way touch the subject--either to -affirm, or disaffirm the institution. He endeavored to obtain from -Congress a crutch to aid these lame doctrines in limping into the -territories by getting the constitution voted into them, as part of -their organic law; and, failing in that attempt (repeatedly made), -he took position on the ground that the constitution went into these -possessions of itself, so far as slavery was concerned, it being a -national institution. - -These three propositions being in flagrant conflict with the -power exercised by Congress in the establishment of the Missouri -compromise line (which had become a tradition as a Southern -measure, supported by Southern members of Congress, and sanctioned -by the cabinet of Mr. Monroe, of which Mr. Calhoun was a member), -the fact of that compromise and his concurrence in it was -immediately used against him by Senator Dix, of New York, to -invalidate his present opinions. - -Unfortunately he had forgotten this cabinet consultation, and his -own concurrence in its decision--believing fully that no such thing -had occurred, and adhering firmly to the new dogma of total denial -of all constitutional power in Congress to legislate upon slavery in -a territory. This brought up recollections to sustain the tradition -which told of the consultation--to show that it took place--that its -voice was unanimous in favor of the compromise; and, consequently, -that Mr. Calhoun himself was in favor of it. Old writings were -produced: - -_First_, a _fac simile_ copy of an original paper in Mr. Monroe's -handwriting, found among his manuscripts, dated March 4, 1820 (two -days before the approval of the Missouri compromise act), and -indorsed: "Interrogatories--Missouri--to the Heads of Departments -and the Attorney-General;" and containing within two questions: -"1. Has Congress a right, under the powers vested in it by the -constitution, to make a regulation prohibiting slavery in a -territory? 2. Is the 8th section of the act which passed both Houses -of Congress on the 3d instant for the admission of Missouri into -the Union, consistent with the constitution?" _Secondly_, the draft -of an original letter in Mr. Monroe's handwriting, but without -signature, date, or address, but believed to have been addressed -to General Jackson, in which he says: "The question which lately -agitated Congress and the public has been settled, as you have -seen, by the passage of an act for the admission of Missouri as a -State, unrestricted, and Arkansas, also, when it reaches maturity; -and the establishment of the parallel of 36 degrees 30 minutes as a -line north of which slavery is prohibited, and permitted south of -it. I took the opinion, in writing, of the administration as to the -constitutionality of restraining territories, which was explicit -in favor of it, and, as it was, that the 8th section of the act -was applicable to territories only, and not to States when they -should be admitted into the Union." _Thirdly_, an extract from -the diary of Mr. John Quincy Adams, under date of the 3d of March, -1820, stating that the President on that day assembled his cabinet -to ask their opinions on the two questions mentioned--which the -whole cabinet immediately answered unanimously, and affirmatively; -that on the 5th he sent the questions in writing to the members -of his cabinet, to receive their written answers, to be filed -in the department of State; and that on the 6th he took his own -answer to the President, to be filed with the rest--all agreeing -in the affirmative, and only differing some in assigning, others -not assigning reasons for his opinion. The diary states that the -President signed his approval of the Missouri act on the 6th (which -the act shows he did), and requested Mr. Adams to have all the -opinions filed in the department of State. - -Upon this evidence it would have rested without question that Mr. -Monroe's cabinet had been consulted on the constitutionality of -the Missouri compromise line, and that all concurred in it, had -it not been for the denial of Mr. Calhoun in the debate on the -Oregon territorial bill. His denial brought out this evidence; -and, notwithstanding its production and conclusiveness, he adhered -tenaciously to his disbelief of the whole occurrence and especially -the whole of his own imputed share in it. Two circumstances, -specious in themselves, favored this denial: _first_, that no such -papers as those described by Mr. Adams were to be found in the -department of State; _secondly_, that in the original draft of Mr. -Monroe's letter it had first been written that the affirmative -answers of his cabinet to his two interrogatories were "_unanimous_" -which word had been crossed out and "_explicit_" substituted. - -With some these two circumstances weighed nothing against the -testimony of two witnesses, and the current corroborating incidents -of tradition. In the lapse of twenty-seven years, and in the changes -to which our cabinet officers and the clerks of departments are -subjected, it was easy to believe that the papers had been mislaid -or lost--far easier than to believe that Mr. Adams could have been -mistaken in the entry made in his diary at the time. And as to the -substitution of "explicit" for "unanimous," that was known to be -necessary in order to avoid the violation of the rule which forbid -the disclosure of individual opinions in the cabinet consultations. -With others, and especially with the political friends of Mr. -Calhoun, they were received as full confirmation of his denial, -and left them at liberty to accept his present opinions as those -of his whole life, uninvalidated by previous personal discrepancy, -and uncounteracted by the weight of a cabinet decision under Mr. -Monroe: and accordingly the new-born dogma of _no power in Congress -to legislate upon the existence of slavery in the territories_ -became an article of political faith, incorporated in the creed, and -that for action, of a large political party. What is now brought -to light of the proceedings in the Senate in '37-'38 shows this to -have been a mistake--that Mr. Calhoun admitted the power in 1820, -when he favored the compromise and blamed Mr. Randolph for opposing -it; that he admitted it again in 1838, when he submitted his own -resolutions, and voted for those of Mr. Clay. It so happened that -no one recollected these proceedings of '37-'38 at the time of the -Oregon debate of '47-'48. The writer of this View, though possessing -a memory credited as tenacious, did not recollect them, nor remember -them at all, until found among the materials collected for this -history--a circumstance which he attributes to his repugnance to the -whole debate, and taking no part in the proceedings except to vote. - -The cabinet consultation of 1820 was not mentioned by Mr. Calhoun in -his avowal of 1838, nor is it necessary to the object of this View -to pursue his connection with that private executive counselling. -The only material inquiry is as to his approval of the Missouri -compromise at the time it was adopted; and that is fully established -by himself. - -It would be a labor unworthy of history to look up the conduct -of any public man, and trace him through shifting scenes, with -a mere view to personal effect--with a mere view to personal -disparagement, by showing him contradictory and inconsistent at some -period of his course. Such a labor would be idle, unprofitable, -and derogatory; but, when a change takes place in a public man's -opinions which leads to a change of conduct, and into a new line of -action disastrous to the country, it becomes the duty of history to -note the fact, and to expose the contradiction--not for personal -disparagement--but to counteract the force of the new and dangerous -opinion. - -In this sense it becomes an obligatory task to show the change, or -rather changes, in Mr. Calhoun's opinions on the constitutional -power of Congress over the existence of slavery in the national -territories; and these changes have been great--too great to admit -of followers if they had been known. _First_, fully admitting the -power, and justifying its exercise in the largest and highest -possible case. _Next_, admitting the power, but deprecating its -exercise in certain limited, specified, qualified cases. _Then_, -denying it in a limited and specified case. _Finally_, denying -the power any where, and every where, either in Congress, or in -the territorial legislature as its delegate, or in the people as -sovereign. The last of these mutations, or rather the one before -the last (for there are but few who can go the whole length of -the three propositions in the Oregon speech), has been adopted -by a large political party and acted upon; and with deplorable -effect to the country. Holding the Missouri compromise to have -been unconstitutional, they have abrogated it as a nullity; and in -so doing have done more to disturb the harmony of this Union, to -unsettle its foundations, to shake its stability, and to prepare -the two halves of the Union for parting, than any act, or all acts -put together, since the commencement of the federal government. -This lamentable act could not have been done,--could not have found -a party to do it,--if Mr. Calhoun had not changed his opinion on -the constitutionality of the Missouri compromise line; or if he -could have recollected in 1848 that he approved that line in 1820; -and further remembered, that he saw nothing unconstitutional in it -as late as 1838. The change being now shown, and the imperfection -of his memory made manifest by his own testimony, it becomes -certain that the new doctrine was an after-thought, disowned by -its antecedents--a figment of the brain lately hatched--and which -its author would have been estopped from promulgating if these -antecedents had been recollected. History now pleads them as an -estoppel against his followers. - -Mr. Monroe, in his letter to General Jackson, immediately after the -establishment of the Missouri compromise, said that that compromise -settled the slavery agitation which threatened to break up the -Union. Thirty-four years of quiet and harmony under that settlement -bear witness to the truth of these words, spoken in the fulness -of patriotic gratitude at seeing his country escape from a great -danger. The year 1854 has seen the abrogation of that compromise; -and with its abrogation the revival of the agitation, and with a -force and fury never known before: and now may be seen in fact what -was hypothetically foreseen by Mr. Calhoun in 1838, when, as the -fruit of this agitation, he saw the destruction of all sympathy -between the two sections of the Union--obliteration from the memory -of all proud recollections of former common danger and glory--hatred -in the hearts of the North and the South, more deadly than ever -existed between two neighboring nations. May we not have to witness -the remainder of his prophetic vision--"TWO PEOPLE MADE OF ONE!" - -P.S.--After this chapter had been written, the author received -authentic information that, during the time that John M. Clayton, -Esq. of Delaware, was Secretary of State under President Taylor -(1849-50), evidence had been found in the Department of State, of -the fact, that the opinion of Mr. Calhoun and of the rest of Mr. -Monroe's cabinet, had been filed there. In consequence a note of -inquiry was addressed to Mr. Clayton, who answered (under date of -July 19th, 1855) as follows: - - "In reply to your inquiry I have to state that I have no - recollection of having ever met with Mr. Calhoun's answer to Mr. - Monroe's cabinet queries, as to the constitutionality of the - Missouri compromise. It had not been found while I was in the - department of state, as I was then informed: but the archives of - the department disclose the fact, that Mr. Calhoun, and other - members of the cabinet, did answer Mr. Monroe's questions. It - appears by an index that these answers were filed among the - archives of that department. I was told they had been abstracted - from the records, and could not be found; but I did not make a - search for them myself. I have never doubted that Mr. Calhoun - at least acquiesced in the decision of the cabinet of that day. - Since I left the Department of State I have heard it rumored - that Mr. Calhoun's answer to Mr. Monroe's queries had been - found; but I know not upon what authority the statement was - made." - - - - -CHAPTER XXXIV. - -DEATH OF COMMODORE RODGERS, AND NOTICE OF HIS LIFE AND CHARACTER. - - -My idea of the perfect naval commander had been formed from history, -and from the study of such characters as the Von Tromps and De -Ruyters of Holland, the Blakes of England, and the De Tourvilles -of France--men modest and virtuous, frank and sincere, brave and -patriotic, gentle in peace, terrible in war; formed for high -command by nature; and raising themselves to their proper sphere -by their own exertions from low beginnings. When I first saw -Commodore RODGERS, which was after I had reached senatorial age and -station, he recalled to me the idea of those model admirals; and -subsequent acquaintance confirmed the impression then made. He was -to me the complete impersonation of my idea of the perfect naval -commander--person, mind, and manners; with the qualities for command -grafted on the groundwork of a good citizen and good father of a -family; and all lodged in a frame to bespeak the seaman and the -officer. - -His very figure and face were those of the naval hero--such as we -conceive from naval songs and ballads; and, from the course of life -which the sea officer leads--exposed to the double peril of waves -and war, and contending with the storms of the elements as well as -with the storm of battle. We associate the idea of bodily power with -such a life; and when we find them united--the heroic qualities in -a frame of powerful muscular development--we experience a gratified -feeling of completeness, which fulfils a natural expectation, and -leaves nothing to be desired. And when the same great qualities are -found, as they often are, in the man of slight and slender frame, it -requires some effort of reason to conquer a feeling of surprise at a -combination which is a contrast, and which presents so much power in -a frame so little promising it; and hence all poets and orators, all -painters and sculptors, all the dealers in imaginary perfections, -give a corresponding figure of strength and force to the heroes they -create. - -Commodore Rodgers needed no help from the creative imagination -to endow him with the form which naval heroism might require. His -person was of the middle height, stout, square, solid, compact; -well-proportioned; and combining in the perfect degree the idea of -strength and endurance with the reality of manly comeliness--the -statue of Mars, in the rough state, before the conscious chisel had -lent the last polish. His face, stern in the outline, was relieved -by a gentle and benign expression--grave with the overshadowing of -an ample and capacious forehead and eyebrows. Courage need not be -named among the qualities of Americans; the question would be to -find one without it. His skill, enterprise, promptitude and talent -for command, were shown in the war of 1812 with Great Britain; in -the _quasi_ war of 1799 with the French Republic--_quasi_ only as it -concerned political relations, real as it concerned desperate and -brilliant combats at sea; and in the Mediterranean wars with the -Barbary States, when those States were formidable in that sea and -held Europe under tribute; and which tribute from the United States -was relinquished by Tripoli and Tunis at the end of the war with -these States--Commodore Rodgers commanding at the time as successor -to Barron and Preble. It was at the end of this war, 1804, so -valiantly conducted and so triumphantly concluded, that the reigning -Pope, Pius the Seventh, publicly declared that America had done more -for Christendom against the Barbary States, than all the powers of -Europe combined. - -He was first lieutenant on the Constellation when that frigate, -under Truxton, vanquished and captured the French frigate Insurgent; -and great as his merit was in the action, where he showed himself to -be the proper second to an able commander, it was greater in what -took place after it; and in which steadiness, firmness, humanity, -vigilance, endurance, and seamanship, were carried to their highest -pitch; and in all which his honors were shared by the then stripling -midshipman, afterwards the brilliant Commodore Porter. - -The Insurgent having struck, and part of her crew been transferred -to the Constellation, Lieut. Rodgers and Midshipman Porter were -on board the prize, superintending the transfer, when a tempest -arose--the ships parted--and dark night came on. There were still -one hundred and seventy-three French prisoners on board. The -two young officers had but eleven men--thirteen in all--to guard -thirteen times their number; and work a crippled frigate at the -same time, and get her into port. And nobly did they do it. For -three days and nights did these thirteen (though fresh from a bloody -conflict which strained every faculty and brought demands for rest), -without sleep or repose, armed to the teeth, watching with eye and -ear, stand to the arduous duty--sailing their ship, restraining -their prisoners, solacing the wounded--ready to kill, and hurting -no one. They did not sail at random, or for the nearest port; but, -faithful to the orders of their commander, given under different -circumstances, steered for St. Kitts, in the West Indies--arrived -there safely--and were received with triumph and admiration. - -Such an exploit equalled any fame that could be gained in battle; -for it brought into requisition all the qualities for command which -high command requires; and foreshadowed the future eminence of these -two young officers. What firmness, steadiness, vigilance, endurance, -and courage--far above that which the battle-field requires! and one -of these young officers, a slight and slender lad, as frail to the -look as the other was powerful; and yet each acting his part with -the same heroic steadiness and perseverance, coolness and humanity! -They had no irons to secure a single man. The one hundred and -seventy-three French were loose in the lower hold, a sentinel only -at each gangway; and vigilance, and readiness to use their arms, -the only resource of the little crew. If history has a parallel to -this deed I have not seen it; and to value it in all its extent, -it must be remembered that these prisoners were Frenchmen--their -inherent courage exalted by the frenzy of the revolution--themselves -fresh from a murderous conflict--the decks of the ship still red -and slippery with the blood of their comrades; and they with a -right, both legal and moral, to recover their liberty if they could. -These three days and nights, still more than the victory which -preceded them, earned for Rodgers the captaincy, and for Porter the -lieutenancy, with which they were soon respectively honored. - -American cruisers had gained credit in the war of the Revolution, -and in the _quasi_ war with the French Republic; and American -squadrons had bearded the Barbary Powers in their dens, after -chasing their piratical vessels from the seas: but a war with Great -Britain, with her one thousand and sixty vessels of war on her naval -list, and above seven hundred of these for service, her fleets -swelled with the ships of all nations, exalted with the idea of -invincibility, and one hundred and twenty guns on the decks of her -first-class men-of-war--any naval contest with such a power, with -seventeen vessels for the sea, ranging from twelve to forty-four -guns (which was the totality which the American naval register could -then show), seemed an insanity. And insanity it would have been with -even twenty times as many vessels, and double their number of guns, -if naval battles with rival fleets had been intended. Fortunately -we had naval officers at that time who understood the virtue of -cruising, and believed they could do what Paul Jones and others had -done during the war of the Revolution. - -Political men believed nothing could be done at sea but to lose -the few vessels which we had; that even cruising was out of the -question. Of our seventeen vessels, the whole were in port but one; -and it was determined to keep them there, and the one at sea with -them, if it had the luck to get in. I am under no obligation to -make the admission, but I am free to acknowledge, that I was one of -those who supposed that there was no salvation for our seventeen -men-of-war but to run them as far up the creek as possible, place -them under the guns of batteries, and collect camps of militia about -them, to keep off the British. This was the policy at the day of the -declaration of the war; and I have the less concern to admit myself -to have been participator in the delusion, because I claim the merit -of having profited from experience--happy if I could transmit the -lesson to posterity. Two officers came to Washington--Bainbridge -and Stewart. They spoke with Mr. Madison, and urged the feasibility -of cruising. One-half of the whole number of the British men-of-war -were under the class of frigates, consequently no more than matches -for some of our seventeen; the whole of her merchant marine (many -thousands) were subject to capture. Here was a rich field for -cruising; and the two officers, for themselves and brothers, boldly -proposed to enter it. - -Mr. Madison had seen the efficiency of cruising and privateering, -even against Great Britain, and in our then infantile condition, -during the war of the Revolution; and besides was a man of sense, -and amenable to judgment and reason. He listened to the two -experienced and valiant officers; and, without consulting Congress, -which perhaps would have been a fatal consultation (for multitude of -counsellors is not the council for _bold_ decision), reversed the -policy which had been resolved upon; and, in his supreme character -of constitutional commander of the army and navy, ordered every ship -that could cruise to get to sea as soon as possible. This I had from -Mr. Monroe, and it is due to Mr. Madison to tell it, who, without -pretending to a military character, had the merit of sanctioning -this most vital war measure. - -Commodore Rodgers was then in New York, in command of the President -(44), intended for a part of the harbor defence of that city. Within -one hour after he had received his cruising orders, he was under -way. This was the 21st of June. That night he got information of the -Jamaica fleet (merchantmen), homeward bound; and crowded all sail -in the direction they had gone, following the Gulf Stream towards -the east of Newfoundland. While on this track, on the 23d, a British -frigate was perceived far to the northeast, and getting further off. -It was a nobler object than a fleet of merchantmen, and chase was -immediately given her, and she gained upon; but not fast enough to -get alongside before night. - -It was four o'clock in the evening, and the enemy in range of the -bow-chasers. Commodore Rodgers determined to cripple her, and -diminish her speed; and so come up with her. He pointed the first -gun himself, and pointed it well. The shot struck the frigate in -her rudder coat, drove through her stern frame, and passed into -the gun-room. It was the first gun fired during the war; and was -no waste of ammunition. Second Lieutenant Gamble, commander of the -battery, pointed and discharged the second--hitting and damaging -one of the enemy's stern chasers. Commodore Rodgers fired the -third--hitting the stern again, and killing and wounding six men. -Mr. Gamble fired again. The gun bursted! killing and wounding -sixteen of her own men, blowing up the Commodore--who fell with a -broken leg upon the deck. The pause in working the guns on that -side, occasioned by this accident, enabled the enemy to bring some -stern guns to bear, and to lighten his vessel to increase her speed. -He cut away his anchors, stove and threw overboard his boats, and -started fourteen tons of water. Thus lightened, he escaped. It was -the Belvidera, 36 guns, Captain Byron. The President would have -taken her with all ease if she had got alongside; and of that the -English captain showed himself duly, and excusably sensible. - -The frigate having escaped, the Commodore, regardless of his broken -leg, hauled up to its course in pursuit of the Jamaica fleet, and -soon got information that it consisted of eighty-five sail, and was -under convoy of four men-of-war; one of them a two-decker, another -a frigate; and that he was on its track. Passing Newfoundland -and finding the sea well sprinkled with the signs of West India -fruit--orange peels, cocoanut shells, pine-apple rinds, &c.--the -Commodore knew himself to be in the wake of the fleet, and made -every exertion to come up with it before it could reach the chops of -the channel: but in vain. When almost in sight of the English coast, -and no glimpse obtained of the fleet, he was compelled to tack, run -south: and, after an extended cruise, return to the United States. - -The Commodore had missed the two great objects of his ambition--the -fleet and the frigate; but the cruise was not barren either -in material or moral results. Seven British merchantmen were -captured--one American recaptured--the English coast had been -approached. With impunity an American frigate--one of those -insultingly styled "fir-built, with a bit of striped bunting at her -mast-head,"--had almost looked into that narrow channel which is -considered the sanctum of a British ship. An alarm had been spread, -and a squadron of seven men-of-war (four of them frigates and one a -sixty-four gun ship) were assembled to capture him; one of them the -Belvidera, which had escaped at the bursting of the President's gun, -and spread the news of her being at sea. - -It was a great honor to Commodore Rodgers to send such a squadron -to look after him; and became still greater to Captain Hull, in -the Constitution, who escaped from it after having been almost -surrounded by it. It was evening when this captain began to fall -in with that squadron, and at daylight found himself almost -encompassed by it--three ahead and four astern. Then began that -chase which continued seventy-two hours, in which seven pursued -one, and seemed often on the point of closing on their prize; in -which every means of progress, from reefed topsails to kedging and -towing, was put into requisition by either party--the one to escape, -the other to overtake; in which the stern-chasers of one were -often replying to the bow-chasers of the other; and the greatest -precision of manoeuvring required to avoid falling under the -guns of some while avoiding those of others; and which ended with -putting an escape on a level with a great victory. Captain Hull -brought his vessel safe into port, and without the sacrifice of her -equipment--not an anchor having been cut away, boat stove, or gun -thrown overboard to gain speed by lightening the vessel. It was -a brilliant result, with all the moral effects of victory, and a -splendid vindication of the policy of cruising--showing that we had -seamanship to escape the force which we could not fight. - -Commodore Rodgers made another extended cruise during this war, a -circuit of eight thousand miles, traversing the high seas, coasting -the shores of both continents, searching wherever the cruisers -or merchantmen of the enemy were expected to be found; capturing -what was within his means, avoiding the rest. A British government -packet, with nearly $300,000 in specie, was taken; many merchantmen -were taken; and, though an opportunity did not offer to engage a -frigate of equal or nearly equal force, and to gain one of those -electrifying victories for which our cruisers were so remarkable, -yet the moral effect was great--demonstrating the ample capacity -of an American frigate to go where she pleased in spite of the -"thousand ships of war" of the assumed mistress of the seas; -carrying damage and alarm to the foe, and avoiding misfortune to -itself. - -At the attempt of the British upon Baltimore Commodore Rodgers was -in command of the maritime defences of that city, and, having no -means of contending with the British fleet in the bay, he assembled -all the seamen of the ships-of-war and of the flotilla, and entered -judiciously into the combinations for the land defence. - -Humane feeling was a characteristic of this brave officer, and -was verified in all the relations of his life, and in his constant -conduct. Standing on the bank of the Susquehanna river, at Havre -de Grace, one cold winter day, the river flooded and filled with -floating ice, he saw (with others), at a long distance, a living -object--discerned to be a human being--carried down the stream. He -ventured in, against all remonstrance, and brought the object safe -to shore. It was a colored woman--to him a human being, doomed to -a frightful death unless relieved; and heroically relieved at the -peril of his own life. He was humane in battle. That was shown in -the affair of the Little Belt--chased, hailed, fought (the year -before the war), and compelled to answer the hail, and tell who she -was, with expense of blood, and largely; but still the smallest -possible quantity that would accomplish the purpose. The encounter -took place in the night, and because the British captain would -not answer the American hail. Judging from the inferiority of her -fire that he was engaged with an unequal antagonist, the American -Commodore suspended his own fire, while still receiving broadsides -from his arrogant little adversary; and only resumed it when -indispensable to his own safety, and the enforcement of the question -which he had put. An answer was obtained after thirty-one had been -killed or wounded on board the British vessel; and this at six -leagues from the American coast: and, the doctrine of no right to -stop a vessel on the high seas to ascertain her character not having -been then invented, no political consequence followed this bloody -enforcement of maritime police--exasperated against each other as -the two nations were at the time. - -At the death of Decatur, killed in that lamentable duel, I have -heard Mr. Randolph tell, and he alone could tell it, of the agony of -Rodgers as he stood over his dying friend, in bodily contention with -his own grief--convulsed within, calm without; and keeping down the -struggling anguish of the soul by dint of muscular power. - -That feeling heart was doomed to suffer a great agony in the -untimely death of a heroic son, emulating the generous devotion -of the father, and perishing in the waves, in vain efforts to -save comrades more exhausted than himself; and to whom he nobly -relinquished the means of his own safety. It was spared another -grief of a kindred nature (not having lived to see it), in the -death of another heroic son, lost in the sloop-of-war Albany, in one -of those calamitous founderings at sea in which the mystery of an -unseen fate deepens the shades of death, and darkens the depths of -sorrow--leaving the hearts of far distant friends a prey to a long -agony of hope and fear--only to be solved in an agony still deeper. - -Commodore Rodgers died at the head of the American navy, without -having seen the rank of Admiral established in our naval service, -for which I voted when senator, and hoped to have seen conferred on -him, and on others who have done so much to exalt the name of their -country; and which rank I deem essential to the good of the service, -even in the cruising system I deem alone suitable to us. - - - - -CHAPTER XXXV. - -ANTI-DUELLING ACT. - - -The death of Mr. Jonathan Cilley, a representative in Congress from -the State of Maine, killed in a duel with rifles, with Mr. Graves -of Kentucky, led to the passage of an act with severe penalties -against duelling, in the District of Columbia, or out of it upon -agreement within the District. The penalties were--death to all the -survivors, when any one was killed: a five years imprisonment in -the penitentiary for giving or accepting a challenge. Like all acts -passed under a sudden excitement, this act was defective, and more -the result of good intentions than of knowledge of human nature. -Passions of the mind, like diseases of the body, are liable to break -out in a different form when suppressed in the one they had assumed. -No physician suppresses an eruption without considering what is to -become of the virus which is escaping, if stopped and confined to -the body: no legislator should suppress an evil without considering -whether a worse one is at the same time planted. I was a young -member of the general assembly of Tennessee (1809), when a most -worthy member (Mr. Robert C. Foster), took credit to himself for -having put down billiard tables in Nashville. Another most worthy -member (General Joseph Dixon) asked him how many card tables he -had put up in their place? This was a side of the account to which -the suppressor of billiard tables had not looked: and which opened -up a view of serious consideration to every person intrusted with -the responsible business of legislation--a business requiring so -much knowledge of human nature, and so seldom invoking the little we -possess. It has been on my mind ever since; and I have had constant -occasions to witness its disregard--and seldom more lamentably -than in the case of this anti-duelling act. It looked to one evil, -and saw nothing else. It did not look to the assassinations, under -the pretext of self-defence, which were to rise up in place of the -regular duel. Certainly it is deplorable to see a young man, the -hope of his father and mother--a ripe man, the head of a family--an -eminent man, necessary to his country--struck down in the duel; and -should be prevented if possible. Still this deplorable practice is -not so bad as the bowie knife, and the revolver, and their pretext -of self-defence--thirsting for blood. In the duel, there is at -least consent on both sides, with a preliminary opportunity for -settlement, with a chance for the law to arrest them, and room for -the interposition of friends as the affair goes on. There is usually -equality of terms; and it would not be called an affair of honor, if -honor was not to prevail all round; and if the satisfying a point -of honor, and not vengeance, was the end to be attained. Finally, -in the regular duel, the principals are in the hands of the seconds -(for no man can be made a second without his consent); and as both -these are required by the duelling code (for the sake of fairness -and humanity), to be free from ill will or grudge towards the -adversary principal, they are expected to terminate the affair as -soon as the point of honor is satisfied--and, the less the injury, -so much the better. The only exception to these rules is, where the -principals are in such relations to each other as to admit of no -accommodation, and the injury such as to admit of no compromise. In -the knife and revolver business, all this is different. There is -no preliminary interval for settlement--no chance for officers of -justice to intervene--no room for friends to interpose. Instead of -equality of terms, every advantage is sought. Instead of consent, -the victim is set upon at the most unguarded moment. Instead of -satisfying a point of honor, it is vengeance to be glutted. Nor -does the difference stop with death. In the duel, the unhurt -principal scorns to continue the combat upon his disabled adversary: -in the knife and revolver case, the hero of these weapons continues -firing and stabbing while the prostrate body of the dying man gives -a sign of life. In the duel the survivor never assails the character -of the fallen: in the knife and revolver case, the first movement of -the victor is to attack the character of his victim--to accuse him -of an intent to murder; and to make out a case of self-defence, by -making out a case of premeditated attack against the other. And in -such false accusation, the French proverb is usually verified--_the -dead and the absent are always in the wrong_. - -The anti-duelling act did not suppress the passions in which -duels originate: it only suppressed one mode, and that the least -revolting, in which these passions could manifest themselves. It did -not suppress the homicidal intent--but gave it a new form: and now -many members of Congress go into their seats with deadly weapons -under their garments--ready to insult with foul language, and -prepared to kill if the language is resented. The act should have -pursued the homicidal intent into whatever form it might assume; -and, therefore, should have been made to include all unjustifiable -homicides. - -The law was also mistaken in the nature of its penalties: they -are not of a kind to be enforced, if incurred. It is in vain to -attempt to punish more ignominiously, and more severely, a duel -than an assassination. The offences, though both great, are of very -different degrees; and human nature will recognize the difference -though the law may not: and the result will be seen in the conduct -of juries, and in the temper of the pardoning power. A species of -penalty unknown to the common law, and rejected by it, and only -held good when a man was the vassal of his lord--the dogma that the -private injury to the family is merged in the public wrong--this -species of penalty (amends to the family) is called for by the -progress of homicides in our country; and not as a substitute for -the death penalty, but cumulative. Under this dogma, a small injury -to a man's person brings him a moneyed indemnity; in the greatest -of all injuries, that of depriving a family of its support and -protector, no compensation is allowed. This is preposterous, and -leads to deadly consequences. It is cheaper now to kill a man, than -to hurt him; and, accordingly, the preparation is generally to kill, -and not to hurt. The frequency, the wantonness, the barbarity, the -cold-blooded cruelty, and the demoniac levity with which homicides -are committed with us, have become the opprobrium of our country. -An incredible number of persons, and in all parts of the country, -seem to have taken the code of Draco for their law, and their own -will for its execution--kill for every offence. The death penalty, -prescribed by divine wisdom, is hardly a scare-crow. Some States -have abolished it by statute--some communities, virtually, by a -mawkish sentimentality: and every where, the jury being the judge -of the law as well as of the fact, find themselves pretty much -in a condition to do as they please. And unanimity among twelve -being required, as in the English law, instead of a concurrence of -three-fifths in fifteen, as in the Scottish law, it is in the power -of one or two men to prevent a conviction, even in the most flagrant -cases. In this deluge of bloodshed some new remedy is called for -in addition to the death penalty; and it may be best found in the -principle of compensation to the family of the slain, recoverable in -every case where the homicide was not justifiable under the written -laws of the land. In this wide-spread custom of carrying deadly -weapons, often leading to homicides where there was no previous -intent, some check should be put on a practice so indicative of -a bad heart--a heart void of social duty, and fatally bent on -mischief; and this check may be found in making the fact of having -such arms on the person an offence in itself, _prima facie_ evidence -of malice, and to be punished cumulatively by the judge; and that -without regard to the fact whether used or not in the affray. - -The anti-duelling act of 1839 was, therefore, defective in not -pursuing the homicidal offence into all the new forms it might -assume; in not giving damages to a bereaved family--and not -punishing the carrying of the weapon, whether used or not--only -accommodating the degree of punishment to the more or less use -that had been made of it. In the Halls of Congress it should -be an offence, in itself, whether drawn or not, subjecting the -offender to all the penalties for a high misdemeanor--removal from -office--disqualification to hold any office of trust or profit under -the United States--and indictment at law besides. - - - - -CHAPTER XXXVI. - -SLAVERY AGITATION IN THE HOUSE OF REPRESENTATIVES, AND RETIRING -OF SOUTHERN MEMBERS FROM THE HALL. - - -The most angry and portentous debate which had yet taken place in -Congress, occurred at this time in the House of Representatives. -It was brought on by Mr. William Slade, of Vermont, who, besides -presenting petitions of the usual abolition character, and moving -to refer them to a committee, moved their reference to a select -committee, with instructions to report a bill in conformity to -their prayer. This motion, inflammatory and irritating in itself, -and without practical legislative object, as the great majority of -the House was known to be opposed to it, was rendered still more -exasperating by the manner of supporting it. The mover entered into -a general disquisition on the subject of slavery, all denunciatory, -and was proceeding to speak upon it in the State of Virginia, -and other States, in the same spirit, when Mr. Legare, of South -Carolina, interposed, and-- - - "Hoped the gentleman from Vermont would allow him to make a - few remarks before he proceeded further. He sincerely hoped - that gentleman would consider well what he was about before he - ventured on such ground, and that he would take time to consider - what might be its probable consequences. He solemnly entreated - him to reflect on the possible results of such a course, which - involved the interests of a nation and a continent. He would - warn him, not in the language of defiance, which all brave and - wise men despised, but he would warn him in the language of a - solemn sense of duty, that if there was 'a spirit aroused in the - North in relation to this subject,' that spirit would encounter - another spirit in the South full as stubborn. He would tell - them that, when this question was forced upon the people of the - South, they would be ready to take up the gauntlet. He concluded - by urging on the gentleman from Vermont to ponder well on his - course before he ventured to proceed." - -Mr. Slade continued his remarks when Mr. Dawson of Georgia, asked -him for the floor, that he might move an adjournment--evidently to -carry off the storm which he saw rising. Mr. Slade refused to yield -it; so the motion to adjourn could not be made. Mr. Slade continued, -and was proceeding to answer his own inquiry put to himself--_what -was Slavery?_ when Mr. Dawson again asked for the floor, to make has -motion of adjournment. Mr. Slade refused it: a visible commotion -began to pervade the House--members rising, clustering together, and -talking with animation. Mr. Slade continued, and was about reading -a judicial opinion in one of the Southern States which defined -a slave to be a chattel--when Mr. Wise called him to order for -speaking beside the question--the question being upon the abolition -of slavery in the District of Columbia, and Mr. Slade's remarks -going to its legal character, as property in a State. The Speaker, -Mr. John White, of Kentucky, sustained the call, saying it was not -in order to discuss the subject of slavery in any of the States. -Mr. Slade denied that he was doing so, and said he was merely -quoting a Southern judicial decision as he might quote a legal -opinion delivered in Great Britain. Mr. Robertson, of Virginia, -moved that the House adjourn. The Speaker pronounced the motion -(and correctly), out of order, as the member from Vermont was in -possession of the floor and addressing the House. He would, however, -suggest to the member from Vermont, who could not but observe the -state of the House, to confine himself strictly to the subject of -his motion. Mr. Slade went on at great length, when Mr. Petrikin, -of Pennsylvania, called him to order; but the Chair did not -sustain the call. Mr. Slade went on, quoting from the Declaration -of Independence, and the constitutions of the several States, and -had got to that of Virginia, when Mr. Wise called him to order for -reading papers without the leave of the House. The Speaker decided -that no paper, objected to, could be read without the leave of the -House. Mr. Wise then said: - - "That the gentleman had wantonly discussed the abstract question - of slavery, going back to the very first day of the creation, - instead of slavery as it existed in the District, and the powers - and duties of Congress in relation to it. He was now examining - the State constitutions to show that as it existed in the States - it was against them, and against the laws of God and man. This - was out of order." - -Mr. Slade explained, and argued in vindication of his course, and -was about to read a memorial of Dr. Franklin, and an opinion of Mr. -Madison on the subject of slavery--when the reading was objected -to by Mr. Griffin, of South Carolina; and the Speaker decided they -could not be read without the permission of the House. Mr. Slade, -without asking the permission of the House, which he knew would not -be granted, assumed to understand the prohibition as extending only -to himself personally, said--"_Then I send them to the clerk: let -him read them._" The Speaker decided that this was equally against -the rule. Then Mr. Griffin withdrew the objection, and Mr. Slade -proceeded to read the papers, and to comment upon them as he went -on, and was about to go back to the State of Virginia, and show what -had been the feeling there on the subject of slavery previous to -the date of Dr. Franklin's memorial: Mr. Rhett, of South Carolina, -inquired of the Chair what the opinions of Virginia fifty years -ago had to do with the case? The Speaker was about to reply, when -Mr. Wise rose with warmth, and said--"He has discussed the whole -abstract question of slavery: of slavery in Virginia: of slavery -in my own district: and I now ask all my colleagues to retire with -me from this hall." Mr. Slade reminded the Speaker that he had not -yielded the floor; but his progress was impeded by the condition -of the House, and the many exclamations of members, among whom Mr. -Halsey, of Georgia, was heard calling on the Georgia delegation to -withdraw with him; and Mr. Rhett was heard proclaiming, that the -South Carolina members had already consulted together, and agreed -to have a meeting at three o'clock in the committee room of the -District of Columbia. Here the Speaker interposed to calm the House, -standing up in his place and saying: - - "The gentleman from Vermont had been reminded by the Chair that - the discussion of slavery, as existing within the States, was - not in order; when he was desirous to read a paper and it was - objected to, the Chair had stopped him; but the objection had - been withdrawn, and Mr. Slade had been suffered to proceed; he - was now about to read another paper, and objection was made; the - Chair would, therefore, take the question on permitting it to be - read." - -Many members rose, all addressing the Chair at the same time, and -many members leaving the hall, and a general scene of noise and -confusion prevailing. Mr. Rhett succeeded in raising his voice above -the roar of the tempest which raged in the House, and invited the -entire delegations from all the slave States to retire from the -hall forthwith, and meet in the committee room of the District of -Columbia. The Speaker again essayed to calm the House, and again -standing up in his place, he recapitulated his attempts to preserve -order, and vindicated the correctness of his own conduct--seemingly -impugned by many. What his personal feelings were on the subject -(he was from a slave State), might easily be conjectured. He -had endeavored to enforce the rules. Had it been in his power -to restrain the discussion, he should promptly have exercised -the power; but it was not. Mr. Slade, continuing, said the paper -which he wished to read was of the continental Congress of 1774. -The Speaker was about to put the question on leave, when Mr. Cost -Johnson, of Maryland, inquired whether it would be in order to force -the House to vote that the member from Vermont be not permitted to -proceed? The Speaker replied it would not. Then Mr. James J. McKay, -of North Carolina--a clear, coolheaded, sagacious man--interposed -the objection which headed Mr. Slade. There was a rule of the House, -that when a member was called to order, he should take his seat; and -if decided to be out of order, he should not be allowed to speak -again, except on the leave of the House. Mr. McKay judged this to be -a proper occasion for the enforcement of that rule; and stood up and -said: - - "That the gentleman had been pronounced out of order in - discussing slavery in the States; and the rule declared that - when a member was so pronounced by the Chair, he should take - his seat, and if any one objected to his proceeding again, he - should not do so, unless by leave of the House. Mr. McKay did - now object to the gentleman from Vermont proceeding any farther." - -Redoubled noise and confusion ensued--a crowd of members rising -and speaking at once--who eventually yielded to the resounding -blows of the Speaker's hammer upon the lid of his desk, and his -apparent desire to read something to the House, as he held a book -(recognized to be that of the rules) in his hand. Obtaining quiet, -so as to enable himself to be heard, he read the rule referred to -by Mr. McKay; and said that, as objection had now, for the first -time, been made under that rule to the gentleman's resuming his -speech, the Chair decided that he could not do so without the leave -of the House. Mr. Slade attempted to go on: the Speaker directed -him to take his seat until the question of leave should be put. -Then, Mr. Slade, still keeping on his feet, asked leave to proceed -as in order, saying he would not discuss slavery in Virginia. On -that question Mr. Allen, of Vermont, asked the yeas and nays. Mr. -Rencher, of North Carolina, moved an adjournment. Mr. Adams, and -many others, demanded the yeas and nays on this motion, which were -ordered, and resulted in 106 yeas, and 63 nays--some fifty or sixty -members having withdrawn. This opposition to adjournment was one -of the worst features of that unhappy day's work--the only effect -of keeping the House together being to increase irritation, and -multiply the chances for an outbreak. From the beginning Southern -members had been in favor of it, and essayed to accomplish it, -but were prevented by the tenacity with which Mr. Slade kept -possession of the floor: and now, at last, when it was time to -adjourn any way--when the House was in a condition in which no good -could be expected, and great harm might be apprehended, there were -sixty-three members--being nearly one-third of the House--willing to -continue it in session. They were: - - "Messrs. Adams, Alexander, H. Allen, J. W. Allen, Aycrigg, - Bell, Biddle, Bond, Borden, Briggs, Wm. B. Calhoun, Coffin, - Corwin, Cranston, Curtis, Cushing, Darlington, Davies, Dunn, - Evans, Everett, Ewing I. Fletcher, Fillmore, Goode, Grennell, - Haley, Hall, Hastings, Henry, Herod, Hoffman, Lincoln, Marvin, - S. Mason, Maxwell, McKennan, Milligan, M. Morris, C. Morris, - Naylor, Noyes, Ogle, Parmenter, Patterson, Peck, Phillips, - Potts, Potter, Rariden, Randolph, Reed, Ridgway, Russel, - Sheffer, Sibley, Slade, Stratton, Tillinghast, Toland, A. S. - White, J. White, E. Whittlesey--63." - -The House then stood adjourned; and as the adjournment was being -pronounced, Mr. Campbell of South Carolina, stood up on a chair, and -calling for the attention of members, said: - - "He had been appointed, as one of the Southern delegation, to - announce that all those gentlemen who represented slaveholding - States, were invited to attend the meeting now being held in the - District committee room." - -Members from the slave-holding States had repaired in large numbers -to the room in the basement, where they were invited to meet. -Various passions agitated them--some violent. Extreme propositions -were suggested, of which Mr. Rhett, of South Carolina, in a letter -to his constituents, gave a full account of his own--thus: - - "In a private and friendly letter to the editor of the - Charleston Mercury amongst other events accompanying the - memorable secession of the Southern members from the hall of the - House of Representatives, I stated to him, that I had prepared - two resolutions, drawn as amendments to the motion of the - member from Vermont, whilst he was discussing the institution - of slavery in the South, 'declaring, that the constitution - having failed to protect the South in the peaceable possession - and enjoyment of their rights and peculiar institutions, it was - expedient that the Union should be dissolved; and the other, - appointing a committee of two members from each State, to report - upon the best means of peaceably dissolving it.' They were - intended as amendments to a motion, to refer with instructions - to report a bill, abolishing slavery in the District of - Columbia. I expected them to share the fate, which inevitably - awaited the original motion, so soon as the floor could have - been obtained, viz., to be laid upon the table. My design in - presenting them, was, to place before Congress and the people, - what, in my opinion, was the true issue upon this great and - vital question; and to point out the course of policy by which - it should be met by the Southern States." - -But extreme counsels did not prevail. There were members present, -who well considered that, although the provocation was great, and -the number voting for such a firebrand motion was deplorably large, -yet it was but little more than the one-fourth of the House, and -decidedly less than one half of the members from the free States: so -that, even if left to the free State vote alone, the motion would -have been rejected. But the motion itself, and the manner in which -it was supported, was most reprehensible--necessarily leading to -disorder in the House, the destruction of its harmony and capacity -for useful legislation, tending to a sectional segregation of the -members, the alienation of feeling between the North and the South; -and alarm to all the slaveholding States. The evil required a -remedy, but not the remedy of breaking up the Union; but one which -might prevent the like in future, while administering a rebuke upon -the past. That remedy was found in adopting a proposition to be -offered to the House, which, if agreed to, would close the door -against any discussion upon abolition petitions in future, and -assimilate the proceedings of the House, in that particular, to -those of the Senate. This proposition was put into the hands of Mr. -Patton, of Virginia, to be offered as an amendment to the rules at -the opening of the House the next morning. It was in these words: - - "_Resolved_, That all petitions, memorials, and papers, touching - the abolition of slavery or the buying, selling, or transferring - of slaves, in any State, District, or Territory, of the United - States, be laid on the table, without being debated, printed, - read, or referred, and that no further action whatever shall be - had thereon." - -Accordingly, at the opening of the House, Mr. Patton asked leave to -submit the resolution--which was read for information. Mr. Adams -objected to the grant of leave. Mr. Patton then moved a suspension -of the rules--which motion required two-thirds to sustain it; and, -unless obtained, this salutary remedy for an alarming evil (which -was already in force in the Senate) could not be offered. It was a -test motion, and on which the opponents of abolition agitation in -the House required all their strength: for unless two to one, they -were defeated. Happily the two to one were ready, and on taking the -yeas and nays, demanded by an abolition member (to keep his friends -to the track, and to hold the free State anti-abolitionists to their -responsibility at home), the result stood 135 yeas to 60 nays--the -full two-thirds, and fifteen over. The yeas on this important -motion, were: - - Messrs. Hugh J. Anderson, John T. Andrews, Charles G. Atherton, - William Beatty, Andrew Beirne, John Bell, Bennet Bicknell, - Richard Biddle, Samuel Birdsall, Ratliff Boon, James W. Bouldin, - John C. Brodhead, Isaac H. Bronson, Andrew D. W. Bruyn, Andrew - Buchanan, John Calhoun, C. C. Cambreleng, Wm. B. Campbell, - John Campbell, Timothy J. Carter, Wm. B. Carter, Zadok Casey, - John Chambers, John Chaney, Reuben Chapman, Richard Cheatham, - Jonathan Cilley, John F. H. Claiborne, Jesse F. Cleaveland, Wm. - K. Clowney, Walter Coles, Thomas Corwin, Robert Craig, John W. - Crocket, Samuel Cushman, Edmund Deberry, John I. De Graff, John - Dennis, George C. Dromgoole, John Edwards, James Farrington, - John Fairfield, Jacob Fry, jr., James Garland, James Graham, - Seaton Grantland, Abr'm P. Grant, William J. Graves. Robert H. - Hammond, Thomas L. Hamer, James Harlan, Albert G. Harrison, - Richard Hawes, Micajah T. Hawkins, Charles E. Haynes, Hopkins - Holsey, Orrin Holt, George W. Hopkins, Benjamin C. Howard, - Edward B. Hubley, Jabez Jackson, Joseph Johnson, Wm. Cost - Johnson, John W. Jones, Gouverneur Kemble, Daniel Kilgore, John - Klingensmith, jr., Joab Lawler, Hugh S. Legare, Henry Logan, - Francis S. Lyon, Francis Mallory, James M. Mason, Joshua L. - Martin, Abram P. Maury, Wm. L. May, James J. McKay, Robert - McClellan, Abraham McClelland, Charles McClure, Isaac McKim, - Richard H. Menefee, Charles F. Mercer, Wm. Montgomery, Ely - Moore, Wm. S. Morgan, Samuel W. Morris, Henry A. Muhlenberg, - John L. Murray, Wm. H. Noble, John Palmer, Amasa J. Parker, - John M. Patton, Lemuel Paynter, Isaac S. Pennybacker, David - Petrikin, Lancelot Phelps, Arnold Plumer, Zadock Pratt, John H. - Prentiss, Luther Reily, Abraham Rencher, John Robertson, Samuel - T. Sawyer, Augustine H. Shepperd, Charles Shepard, Ebenezer J. - Shields, Matthias Sheplor, Francis O. J. Smith, Adam W. Snyder, - Wm. W. Southgate, James B. Spencer, Edward Stanly, Archibald - Stuart, Wm. Stone, John Taliaferro, Wm. Taylor, Obadiah Titus, - Isaac Toucey, Hopkins L. Turney, Joseph R. Underwood, Henry - Vail, David D. Wagener, Taylor Webster, Joseph Weeks, Albert S. - White, John White, Thomas T. Whittlesey, Lewis Williams, Sherrod - Williams, Jared W. Williams, Joseph L. Williams, Christ'r H. - Williams, Henry A. Wise, Archibald Yell. - -The nays were: - - Messrs. John Quincy Adams, James Alexander, jr., Heman Allen, - John W. Allen, J. Banker Aycrigg, Wm. Key Bond, Nathaniel B. - Borden, George N. Briggs, Wm. B. Calhoun, Charles D. Coffin, - Robert B. Cranston, Caleb Cushing, Edward Darlington, Thomas - Davee, Edward Davies, Alexander Duncan, George H. Dunn, George - Evans, Horace Everett, John Ewing, Isaac Fletcher, Millard - Filmore, Henry A. Foster, Patrick G. Goode, George Grennell, - jr., Elisha Haley, Hiland Hall, Alexander Harper, Wm. S. - Hastings, Thomas Henry, Wm. Herod, Samuel Ingham, Levi Lincoln, - Richard P. Marvin, Samson Mason, John P. B. Maxwell, Thos. M. T. - McKennan, Mathias Morris, Calvary Morris, Charles Naylor, Joseph - C. Noyes, Charles Ogle, Wm. Parmenter, Wm. Patterson, Luther - C. Peck, Stephen C. Phillips, David Potts, jr., James Rariden, - Joseph F. Randolph, John Reed, Joseph Ridgway, David Russell, - Daniel Sheffer, Mark H. Sibley, Wm. Slade, Charles C. Stratton, - Joseph L. Tillinghast, George W. Toland, Elisha Whittlesey, - Thomas Jones Yorke. - -This was one of the most important votes ever delivered in the -House. Upon its issue depended the quiet of the House on one hand, -or on the other, the renewal, and perpetuation of the scenes of the -day before--ending in breaking up all deliberation, and all national -legislation. It was successful, and that critical step being safely -over, the passage of the resolution was secured--the free State -friendly vote being itself sufficient to carry it: but, although -the passage of the resolution was secured, yet resistance to it -continued. Mr. Patton rose to recommend his resolution as a peace -offering, and to prevent further agitation by demanding the previous -question. He said: - - "He had offered this resolution in the spirit of peace and - harmony. It involves (said Mr. P.), so far as I am concerned, - and so far as concerns some portion of the representatives of - the slaveholding States, a concession; a concession which we - make for the sake of peace, harmony, and union. We offer it in - the hope that it may allay, not exasperate excitement; we desire - to extinguish, not to kindle a flame in the country. In that - spirit, sir, without saying one word in the way of discussion; - without giving utterance to any of those emotions which swell in - my bosom at the recollection of what took place here yesterday, - I shall do what I have never yet done since I have been a member - of this House, and which I have very rarely sustained, when done - by others: I move the previous question." - -Then followed a scene of disorder, which thus appears in the -Register of Debates: - - "Mr. Adams rose and said. Mr. Speaker, the gentleman precedes - his resolution--(Loud cries of 'Order! order!' from all parts of - the hall.) Mr. A. He preceded it with remarks--('Order! order!') - - "The Chair reminded the gentleman that it was out of order to - address the House after the demand for the previous question. - - "Mr. Adams. I ask the House--(continued cries of 'Order!' which - completely drowned the honorable member's voice.)" - -Order having been restored, the next question was--"Is the demand -for the previous question seconded?"--which seconding would -consist of a majority of the whole House--which, on a division, -quickly showed itself. Then came the further question--"_Shall -the main question be now put?_"--on which the yeas and nays were -demanded, and taken; and ended in a repetition of the vote of the -same 63 against it. The main question was then put, and carried; -but again, on yeas and nays, to hold free State members to their -responsibility; showing the same 63 in the negative, with a few -additional votes from free State members, who, having staked -themselves on the vital point of suspending the rules, saw no use in -giving themselves further trouble at home, by giving an unnecessary -vote in favor of stifling abolition debate. In this way, the ranks -of the 63 were increased to 74. - -Thus was stifled, and in future prevented in the House, the -inflammatory debates on these disturbing petitions. It was the great -session of their presentation--being offered by hundreds, and signed -by hundreds of thousands of persons--many of them women, who forgot -their sex and their duties, to mingle in such inflammatory work; -some of them clergymen, who forgot their mission of peace, to stir -up strife among those who should be brethren. Of the pertinacious -63, who backed Mr. Slade throughout, the most notable were Mr. -Adams, who had been President of the United States--Mr. Fillmore, -who became so--and Mr. Caleb Cushing, who eventually became as ready -to abolish all impediments to the general diffusion of slavery, as -he then was to abolish slavery itself in the District of Columbia. -It was a portentous contest. The motion of Mr. Slade was, not for an -inquiry into the expediency of abolishing slavery in the District of -Columbia (a motion in itself sufficiently inflammatory), but to get -the command of the House to bring in a bill for that purpose--which -would be a decision of the question. His motion failed. The storm -subsided; and very few of the free State members who had staked -themselves on the issue, lost any thing among their constituents for -the devotion which they had shown to the Union. - - - - -CHAPTER XXXVII. - -ABOLITIONISTS CLASSIFIED BY MR. CLAY ULTRAS DENOUNCED: SLAVERY -AGITATORS NORTH AND SOUTH EQUALLY DENOUNCED AS DANGEROUS TO THE -UNION. - - -"It is well known to the Senate, said Mr. Clay, that I have thought -that the most judicious course with abolition petitions has not been -of late pursued by Congress. I have believed that it would have been -wisest to have received and referred them, without opposition, and -to have reported against their object in a calm and dispassionate -and argumentative appeal to the good sense of the whole community. -It has been supposed, however, by a majority of Congress that it -was most expedient either not to receive the petitions at all, or, -if formally received, not to act definitively upon them. There is -no substantial difference between these opposite opinions, since -both look to an absolute rejection of the prayer of the petitioners. -But there is a great difference in the form of proceeding; and, -Mr. President, some experience in the conduct of human affairs has -taught me to believe that a neglect to observe established forms -is often attended with more mischievous consequences than the -infliction of a positive injury. We all know that, even in private -life, a violation of the existing usages and ceremonies of society -cannot take place without serious prejudice. I fear, sir, that -the abolitionists have acquired a considerable apparent force by -blending with the object which they have in view a collateral and -totally different question arising out of an alleged violation of -the right of petition. I know full well, and take great pleasure -in testifying, that nothing was remoter from the intention of the -majority of the Senate, from which I differed, than to violate the -right of petition in any case in which, according to its judgment, -that right could be constitutionally exercised, or where the object -of the petition could be safely or properly granted. Still, it must -be owned that the abolitionists have seized hold of the fact of -the treatment which their petitions have received in Congress, and -made injurious impressions upon the minds of a large portion of the -community. This, I think, might have been avoided by the course -which I should have been glad to have seen pursued. - -"And I desire now, Mr. President, to advert to some of those topics -which I think might have been usefully embodied in a report by a -committee of the Senate, and which, I am persuaded, would have -checked the progress, if it had not altogether arrested the efforts -of abolition. I am sensible, sir, that this work would have been -accomplished with much greater ability, and with much happier -effect, under the auspices of a committee, than it can be by me. -But, anxious as I always am to contribute whatever is in my power -to the harmony, concord, and happiness of this great people, I -feel myself irresistibly impelled to do whatever is in my power, -incompetent as I feel myself to be, to dissuade the public from -continuing to agitate a subject fraught with the most direful -consequences. - -"There are three classes of persons opposed, or apparently opposed, -to the continued existence of slavery in the United States. The -first are those who, from sentiments of philanthropy and humanity, -are conscientiously opposed to the existence of slavery, but who -are no less opposed, at the same time, to any disturbance of the -peace and tranquillity of the Union, or the infringement of the -powers of the States composing the confederacy. In this class may -be comprehended that peaceful and exemplary society of 'Friends,' -one of whose established maxims is, an abhorrence of war in all its -forms, and the cultivation of peace and good-will amongst mankind. -The next class consists of apparent abolitionists--that is, those -who, having been persuaded that the right of petition has been -violated by Congress, co-operate with the abolitionists for the sole -purpose of asserting and vindicating that right. And the third class -are the real ultra-abolitionists, who are resolved to persevere in -the pursuit of their object at all hazards, and without regard to -any consequences, however calamitous they may be. With them the -rights of property are nothing; the deficiency of the powers of the -general government is nothing; the acknowledged and incontestable -powers of the States are nothing; civil war, a dissolution of the -Union, and the overthrow of a government in which are concentrated -the fondest hopes of the civilized world, are nothing. A single -idea has taken possession of their minds, and onward they pursue -it, overlooking all barriers, reckless and regardless of all -consequences. With this class, the immediate abolition of slavery -in the District of Columbia, and in the territory of Florida, the -prohibition of the removal of slaves from State to State, and the -refusal to admit any new State, comprising within its limits the -institution of domestic slavery, are but so many means conducing -to the accomplishment of the ultimate but perilous end at which -they avowedly and boldly aim; are but so many short stages in -the long and bloody road to the distant goal at which they would -finally arrive. Their purpose is abolition, universal abolition, -peaceably if it can, forcibly if it must. Their object is no longer -concealed by the thinnest veil; it is avowed and proclaimed. Utterly -destitute of constitutional or other rightful power, living in -totally distinct communities, as alien to the communities in which -the subject on which they would operate resides, so far as concerns -political power over that subject, as if they lived in Africa or -Asia, they nevertheless promulgate to the world their purpose to be -to manumit forthwith, and without compensation, and without moral -preparation, three millions of negro slaves, under jurisdictions -altogether separated from those under which they live. - -"I have said that immediate abolition of slavery in the District -of Columbia and in the territory of Florida, and the exclusion of -new States, were only means towards the attainment of a much more -important end. Unfortunately, they are not the only means. Another, -and much more lamentable one is that which this class is endeavoring -to employ, of arraying one portion against another portion of the -Union. With that view, in all their leading prints and publications, -the alleged horrors of slavery are depicted in the most glowing and -exaggerated colors, to excite the imaginations and stimulate the -rage of the people in the free States against the people in the -slave States. The slaveholder is held up and represented as the -most atrocious of human beings. Advertisements of fugitive slaves -to be sold are carefully collected and blazoned forth, to infuse a -spirit of detestation and hatred against one entire and the largest -section of the Union. And like a notorious agitator upon another -theatre (Mr. Daniel O'Connell), they would hunt down and proscribe -from the pale of civilized society the inhabitants of that entire -section. Allow me, Mr. President, to say, that whilst I recognize -in the justly wounded feelings of the Minister of the United States -at the court of St. James much to excuse the notice which he was -provoked to take of that agitator, in my humble opinion, he would -better have consulted the dignity of his station and of his country -in treating him with contemptuous silence. That agitator would -exclude us from European society--he who himself can only obtain a -contraband admission, and is received with scornful repugnance into -it! If he be no more desirous of our society than we are of his, he -may rest assured that a state of eternal non-intercourse will exist -between us. Yes, sir, I think the American Minister would have best -pursued the dictates of true dignity by regarding the language of -that member of the British House of Commons as the malignant ravings -of the plunderer of his own country, and the libeller of a foreign -and kindred people. - -"But the means to which I have already adverted are not the only -ones which this third class of ultra-Abolitionists are employing to -effect their ultimate end. They began their operations by professing -to employ only persuasive means in appealing to the humanity, and -enlightening the understandings, of the slaveholding portion of -the Union. If there were some kindness in this avowed motive, it -must be acknowledged that there was rather a presumptuous display -also of an assumed superiority in intelligence and knowledge. For -some time they continued to make these appeals to our duty and our -interest; but impatient with the slow influence of their logic upon -our stupid minds, they recently resolved to change their system -of action. To the agency of their powers of persuasion, they now -propose to substitute the powers of the ballot box; and he must be -blind to what is passing before us, who does not perceive that the -inevitable tendency of their proceedings is, if these should be -found insufficient, to invoke, finally, the more potent powers of -the bayonet. - -"Mr. President, it is at this alarming stage of the proceedings -of the ultra-Abolitionists that I would seriously invite every -considerate man in the country solemnly to pause, and deliberately -to reflect, not merely on our existing posture, but upon that -dreadful precipice down which they would hurry us. It is because -these ultra-Abolitionists have ceased to employ the instruments of -reason and persuasion, have made their cause political, and have -appealed to the ballot box, that I am induced, upon this occasion, -to address you. - -"There have been three epochs in the history of our country at -which the spirit of abolition displayed itself. The first was -immediately after the formation of the present federal government. -When the constitution was about going into operation, its powers -were not well understood by the community at large, and remained -to be accurately interpreted and defined. At that period numerous -abolition societies were formed, comprising not merely the Society -of Friends, but many other good men. Petitions were presented to -Congress, praying for the abolition of slavery. They were received -without serious opposition, referred, and reported upon by a -committee. The report stated that the general government had no -power to abolish slavery as it existed in the several States, and -that these States themselves had exclusive jurisdiction over the -subject. The report was generally acquiesced in, and satisfaction -and tranquillity ensued; the abolition societies thereafter limiting -their exertions, in respect to the black population, to offices of -humanity within the scope of existing laws. - -"The next period when the subject of slavery and abolition, -incidentally, was brought into notice and discussion, was on the -memorable occasion of the admission of the State of Missouri into -the Union. The struggle was long, strenuous, and fearful. It is too -recent to make it necessary to do more than merely advert to it, and -to say, that it was finally composed by one of those compromises -characteristic of our institutions, and of which the constitution -itself is the most signal instance. - -"The third is that in which we now find ourselves, and to which -various causes have contributed. The principal one, perhaps, is -British emancipation in the islands adjacent to our continent. -Confounding the totally different cases of the powers of the British -Parliament and those of our Congress, and the totally different -conditions of the slaves in the British West India Islands and the -slaves in the sovereign and independent States of this confederacy, -superficial men have inferred from the undecided British experiment -the practicability of the abolition of slavery in these States. -All these are different. The powers of the British Parliament are -unlimited, and often described to be omnipotent. The powers of the -American Congress, on the contrary, are few, cautiously limited, -scrupulously excluding all that are not granted, and above all, -carefully and absolutely excluding all power over the existence -or continuance of slavery in the several States. The slaves, too, -upon which British legislation operated, were not in the bosom of -the kingdom, but in remote and feeble colonies, having no voice in -Parliament. The West India slaveholder was neither representative, -or represented in that Parliament. And while I most fervently -wish complete success to the British experiment of the West India -emancipation, I confess that I have fearful forebodings of a -disastrous termination. Whatever it may be, I think it must be -admitted that, if the British Parliament treated the West India -slaves as freemen, it also treated the West India freemen as slaves. -If instead of these slaves being separated by a wide ocean from -the parent country, three or four millions of African negro slaves -had been dispersed over England, Scotland, Wales and Ireland, and -their owners had been members of the British Parliament--a case -which would have presented some analogy to our own country--does any -one believe that it would have been expedient or practical to have -emancipated them, leaving them to remain, with all their embittered -feelings, in the United kingdom, boundless as the powers of the -British government are? - -"Other causes have conspired with the British example to produce the -existing excitement from abolition. I say it with profound regret, -and with no intention to occasion irritation here or elsewhere, -that there are persons in both parts of the Union who have sought -to mingle abolition with politics, and to array one portion of the -Union against the other. It is the misfortune of free countries -that, in high party times, a disposition too often prevails to seize -hold of every thing which can strengthen the one side or weaken -the other. Prior to the late election of the present President of -the United States, he was charged with being an abolitionist, and -abolition designs were imputed to many of his supporters. Much as -I was opposed to his election, and am to his administration, I -neither shared in making or believing the truth of the charge. He -was scarcely installed in office before the same charge was directed -against those who opposed his election. - -"It is not true--I rejoice that it is not true--that either of -the two great parties in this country has any design or aim at -abolition. I should deeply lament if it were true. I should -consider, if it were true, that the danger to the stability of our -system would be infinitely greater than any which does, I hope, -actually exist. Whilst neither party can be, I think, justly accused -of any abolition tendency or purpose, both have profited, and -both been injured, in particular localities, by the accession or -abstraction of abolition support. If the account were fairly stated, -I believe the party to which I am opposed has profited much more, -and been injured much less, than that to which I belong. But I am -far, for that reason, from being disposed to accuse our adversaries -of abolitionism." - - - - -CHAPTER XXXVIII. - -BANK OF THE UNITED STATES: RESIGNATION OF MR. BIDDLE: FINAL -SUSPENSION. - - -On the first of January of this year this Bank made an exposition -of its affairs to the General Assembly of Pennsylvania, as required -by its charter, in which its assets aggregated $66,180,396; and its -liabilities aggregated $33,180,855: the exposition being verified by -the usual oaths required on such occasions. - -On the 30th of March following Mr. Biddle resigned his place as -president of the Bank, giving as a reason for it that, "_the affairs -of the institution were in a state of great prosperity, and no -longer needed his services_." - -On the same day the board of directors in accepting the resignation, -passed a resolve declaring that the President Biddle had left the -institution "_prosperous in all its relations, strong in its ability -to promote the interest of the community, cordial with other banks, -and secure in the esteem and respect of all connected with it at -home or abroad_." - -On the 9th of October the Bank closed her doors upon her creditors, -under the mild name of suspension--never to open them again. - -In the month of April preceding, when leaving Washington to return -to Missouri, I told the President there would be another suspension, -headed by the Bank of the United States, before we met again: at my -return in November it was his first expression to remind me of that -conversation; and to say it was the second time I had foreseen these -suspensions, and warned him of them. He then jocularly said, don't -predict so any more. I answered I should not; for it was the last -time this Bank would suspend. - -Still dominating over the moneyed systems of the South and West, -this former colossal institution was yet able to carry along with -her nearly all the banks of one-half of the Union: and using her -irredeemable paper against the solid currency of the New York and -other Northern banks, and selling fictitious bills on Europe, she -was able to run them hard for specie--curtail their operations--and -make panic and distress in the money market. At the same time -by making an imposing exhibition of her assets, arranging a -reciprocal use of their notes with other suspended banks, keeping -up an apparent par value for her notes and stocks by fictitious -and collusive sales and purchases, and above all, by her political -connection with the powerful opposition--she was enabled to keep -the field as a bank, and as a political power: and as such to act -an effective part in the ensuing presidential election. She even -pretended to have become stronger since the time when Mr. Biddle -left her so prosperous; and at the next exposition of her affairs -to the Pennsylvania legislature (Jan. 1, 1840), returned her assets -at $74,603,142; her liabilities at $36,959,539, and her surplus at -$37,643,603. This surplus, after paying all liabilities, showed the -stock to be worth a premium of $2,643,603. And all this duly sworn -to. - - - - -CHAPTER XXXIX. - -FIRST SESSION TWENTY-SIXTH CONGRESS: MEMBERS: ORGANIZATION: -POLITICAL MAP OF THE HOUSE. - - -_Members of the Senate_. - - NEW HAMPSHIRE.--Henry Hubbard, Franklin Pierce. - - MAINE.--John Ruggles, Reuel Williams. - - MASSACHUSETTS.--John Davis. Daniel Webster. - - VERMONT.--Sam'l Prentiss, Sam'l S. Phelps. - - RHODE ISLAND.--Nehemiah R. Knight, N. F. Dixon. - - CONNECTICUT.--Thaddeus Betts, Perry Smith. - - NEW YORK.--Silas Wright, N. P. Tallmadge. - - NEW JERSEY.--Sam'l L. Southard, Garret D. Wall. - - PENNSYLVANIA.--James Buchanan, Daniel Sturgeon. - - DELAWARE.--Thomas Clayton. - - MARYLAND.--John S. Spence, Wm. D. Merrick. - - VIRGINIA.--William H. Roane. - - NORTH CAROLINA.--Bedford Brown, R. Strange. - - SOUTH CAROLINA.--John C. Calhoun, Wm. Campbell Preston. - - GEORGIA.--Wilson Lumpkin, Alfred Cuthbert. - - KENTUCKY.--Henry Clay, John J. Crittenden. - - TENNESSEE.--Hugh L. White, Alex. Anderson. - - OHIO.--William Allen, Benjamin Tappan. - - INDIANA.--Oliver H. Smith, Albert S. White. - - MISSISSIPPI.--Robert J. Walker, John Henderson. - - LOUISIANA.--Robert C. Nicholas, Alexander - Mouton. - - ILLINOIS.--John M. Robinson, Richard M. - Young. - - ALABAMA.--Clement C. Clay, Wm. Rufus - King. - - MISSOURI.--Thomas H. Benton, Lewis F. - Linn. - - ARKANSAS.--William S. Fulton, Ambrose - Sevier. - - MICHIGAN.--John Norvell, Augustus S. Porter. - - -_Members of the House of Representatives._ - - MAINE.--Hugh J. Anderson, Nathan Clifford, - Thomas Davee, George Evans, Joshua A. Lowell, - Virgil D. Parris, Benjamin Randall, Albert - Smith. - - NEW HAMPSHIRE.--Charles G. Atherton, - Edmund Burke, Ira A. Eastman, Tristram Shaw, - Jared W. Williams. - - CONNECTICUT.--Joseph Trumbull, William - L. Storrs, Thomas W. Williams, Thomas B. - Osborne, Truman Smith, John H. Brockway. - - VERMONT.--Hiland Hall, William Slade, - Horace Everett, John Smith, Isaac Fletcher. - - MASSACHUSETTS.--Abbot Lawrence, Leverett - Saltonstall, Caleb Cushing, William Parmenter, - Levi Lincoln, [Vacancy,] George N. Briggs, - William B. Calhoun, William S. Hastings, Henry - Williams, John Reed, John Quincy Adams. - - RHODE ISLAND.--Chosen by general ticket. - Joseph L. Tillinghast, Robert B. Cranston. - - NEW YORK.--Thomas B. Jackson, James de - la Montayne, Ogden Hoffman, Edward Curtis, - Moses H. Grinnell, James Monroe, Gouverneur - Kemble, Charles Johnson, Nathaniel Jones, - Rufus Palen, Aaron Vanderpoel, John Ely, - Hiram P. Hunt, Daniel D. Barnard, Anson - Brown, David Russell, Augustus C. Hand, John - Fine, Peter J. Wagoner, Andrew W. Doig, - John G. Floyd, David P. Brewster, Thomas C. - Crittenden, John H. Prentiss, Judson Allen, - John C. Clark, S. B. Leonard, Amasa Dana, - Edward Rogers, Nehemiah H. Earl, Christopher - Morgan, Theron R. Strong, Francis P. Granger, - Meredith Mallory, Seth M. Gates, Luther C. - Peck, Richard P. Marvin, Millard Fillmore, - Charles F. Mitchell. - - NEW JERSEY.--Joseph B. Randolph, Peter - D. Vroom, Philemon Dickerson, William R. - Cooper, Daniel B. Ryall, Joseph Kille. - - PENNSYLVANIA.--William Beatty, Richard - Biddle, James Cooper, Edward Davies, John - Davis, John Edwards, Joseph Fornance, John - Galbraith, James Gerry, Robert H. Hammond, - Thomas Henry, Enos Hook, Francis James, - George M. Keim, Isaac Leet, Albert G. Marchand, - Samuel W. Morris, George McCulloch, - Charles Naylor, Peter Newhard, Charles Ogle, - Lemuel Paynter, David Petrikin, William S. - Ramsey, John Sergeant, William Simonton, - George W. Toland, David D. Wagener. - - DELAWARE.--Thomas Robinson, jr. - - MARYLAND.--James Carroll, John Dennis, - Solomon Hillen, jr., Daniel Jenifer, William - Cost Johnson, Francis Thomas, Philip F. - Thomas, John T. H. Worthington. - - VIRGINIA.--Linn Banks, Andrew Beirne, - John M. Botts, Walter Coles, Robert Craig, - George C. Dromgoole, James Garland, William - L. Goggin, John Hill, Joel Holleman, George - W. Hopkins, Robert M. T. Hunter, Joseph - Johnson, John W. Jones, William Lucas, - Charles F. Mercer, Francis E. Rives, Green B. - Samuels, Lewis Steinrod, John Taliaferro, Henry - A. Wise. - - NORTH CAROLINA.--Jesse A. Bynum, Henry - W. Connor, Edmund Deberry, Charles Fisher, - James Graham, Micajah T. Hawkins, John - Hill, James J. McKay, William Montgomery, - Kenneth Rayner, Charles Shepard, Edward - Stanly, Lewis Williams. - - SOUTH CAROLINA.--Sampson H. Butler, John - Campbell, John K. Griffin, Isaac E. Holmes, - Francis W. Pickens, R. Barnwell Rhett, James - Rogers, Thomas B. Sumter, Waddy Thompson, - jr. - - GEORGIA.--Julius C. Alford, Edward J. - Black, Walter T. Colquitt, Mark A. Cooper, - William C. Dawson, Richard W. Habersham, - Thomas B. King, Eugenius A. Nisbet, Lott - Warren. - - ALABAMA.--R. H. Chapman, David Hubbard, - George W. Crabb, Dixon H. Lewis, James Dillett. - - LOUISIANA.--Edward D. White, Edward - Chinn, Rice Garland. - - MISSISSIPPI.--A. G. Brown, J. Thompson. - - MISSOURI.--John Miller, John Jameson. - - ARKANSAS.--Edward Cross. - - TENNESSEE.--William B. Carter, Abraham - McClellan, Joseph L. Williams, Julius W. - Blackwell, Hopkins L. Turney, William B. - Campbell, John Bell, Meredith P. Gentry, - Harvey M. Watterson, Aaron V. Brown, Cave - Johnson, John W. Crockett, Christopher H. - Williams. - - KENTUCKY.--Linn Boyd, Philip Triplett, Joseph - Underwood, Sherrod Williams, Simeon W. - Anderson, Willis Green, John Pope, William J. - Graves, John White, Richard Hawes, L. W. - Andrews, Garret Davis, William O. Butler. - - OHIO.--Alexander Duncan, John B. Weller, - Patrick G. Goode, Thomas Corwin, William - Doane, Calvary Morris, William K. Bond, Joseph - Ridgway, William Medill, Samson Mason, - Isaac Parish, Jonathan Taylor, D. P. Leadbetter, - George Sweeny, John W. Allen, Joshua - R. Giddings, John Hastings, D. A. Starkweather, - Henry Swearingen. - - MICHIGAN.--Isaac E. Crary. - - INDIANA.--Geo. H. Proffit, John Davis, John - Carr, Thomas Smith, James Rariden, Wm. W. - Wick, T. A. Howard. - - ILLINOIS.--John Reynolds, Zadok Casey, - John T. Stuart. - -The organization of the House was delayed for many days by a case -of closely and earnestly contested election from the State of New -Jersey. Five citizens, to wit: John B. Aycrigg, John B. Maxwell, -William Halsted, Thomas C. Stratton, Thomas Jones Yorke, had -received the governor's certificate as duly elected: five other -citizens, to wit: Philemon Dickerson, Peter D. Vroom, Daniel B. -Ryall, William R. Cooper, John Kille, claimed to have received -a majority of the lawful votes given in the election: and each -set demanded admission as representatives. No case of contested -election was ever more warmly disputed in the House. The two sets -of claimants were of opposite political parties: the House was -nearly divided: five from one side and added to the other would -make a difference of ten votes: and these ten might determine its -character. The first struggle was on the part of the members holding -the certificates claiming to be admitted, and to act as members, -until the question of _right_ should be decided; and as this would -give them a right to vote for speaker, it might have had the effect -of deciding that important election: and for this point a great -struggle was made by the whig party. The democracy could not ask -for the immediate admission of the five democratic claimants, as -they only presented a case which required to be examined before it -could be decided. Their course was to exclude both sets, and send -them equally before the committee of contested elections; and in -the mean time, a resolution to proceed with the organization of -the House was adopted after an arduous and protracted struggle, in -which every variety of parliamentary motion was exhausted by each -side to accomplish its purpose; and, at the end of three months -it was referred to the committee to report which five of the ten -contestants had received the greatest number of legal votes. This -was putting the issue on the rights of the voters--on the broad -and popular ground of choice by the people: and was equivalent to -deciding the question in favor of the democratic contestants, who -held the certificate of the Secretary of State that the majority of -votes returned to his office was in their favor,--counting the votes -of some precincts which the governor and council had rejected for -illegality in holding the elections. As the constitutional judge -of the election, qualifications and returns of its own members, the -House disregarded the decision of the governor and council; and, -deferring to the representative principle, made the decision turn, -not upon the conduct of the officers holding the election, but upon -the rights of the voters. - -This strenuous contest was not terminated until the 10th of -March--nearly one hundred days from the time of its commencement. -The five democratic members were then admitted to their seats. -In the mean time the election for speaker had been brought on by -a vote of 118 to 110--the democracy having succeeded in bringing -on the election after a total exhaustion of every parliamentary -manoeuvre to keep it off. Mr. John W. Jones, of Virginia, was -the democratic nominee: Mr. Jno. Bell, of Tennessee, was nominated -on the part of the whigs. The whole vote given in was 235, making -118 necessary to a choice. Of these, Mr. Jones received 118: Mr. -Bell, 102. Twenty votes were scattered, of which 11, on the whig -side, went to Mr. Dawson of Georgia; and 9 on the democratic side -were thrown upon three southern members. Had any five of these -nine voted for Mr. Jones, it would have elected him: while the -eleven given to Mr. Dawson would not have effected the election -of Mr. Bell. It was clear the democracy had the majority, for the -contested election from New Jersey having been sent to a committee, -and neither set of the contestants allowed to vote, the question -became purely and simply one of party: but there was a fraction in -each party which did not go with the party to which it belonged: -and hence, with a majority in the House to bring on the election, -and a majority voting in it, the democratic nominee lacked five -of the number requisite to elect him. The contest was continued -through five successive ballotings without any better result for -Mr. Jones, and worse for Mr. Bell; and it became evident that there -was a fraction of each party determined to control the election. It -became a question with the democratic party what to do? The fraction -which did not go with the party were the friends of Mr. Calhoun, and -although always professing democratically had long acted with the -whigs, and had just returned to the body of the party against which -they had been acting. The election was in their hands, and they gave -it to be known that if one of their number was taken, they would -vote with the body of the party and elect him: and Mr. Dixon H. -Lewis, of Alabama, was the person indicated. The extreme importance -of having a speaker friendly to the administration induced all the -leading friends of Mr. Van Buren to go into this arrangement, and -to hold a caucus to carry it into effect. The caucus was held: Mr. -Lewis was adopted as the candidate of the party: and, the usual -resolves of unanimity having been adopted, it was expected to elect -him on the first trial. He was not, however, so elected; nor on the -second trial; nor on the third; nor on any one up to the seventh: -when, having never got a higher vote than Mr. Jones, and falling -off to the one-half of it, he was dropped; and but few knew how the -balk came to pass. It was thus: The writer of this View was one -of a few who would not capitulate to half a dozen members, known -as Mr. Calhoun's friends, long separated from the party, bitterly -opposing it, just returning to it, and undertaking to govern it by -constituting themselves into a balance wheel between the two nearly -balanced parties. He preferred a clean defeat to any victory gained -by such capitulation. He was not a member of the House, but had -friends there who thought as he did; and these he recommended to -avoid the caucus, and remain unbound by its resolves; and when the -election came on, vote as they pleased: which they did: and enough -of them throwing away their votes upon those who were no candidates, -thus prevented the election of Mr. Lewis: and so returned upon the -little fraction of pretenders the lesson which they had taught. - -It was the same with the whig party. A fraction of its members -refused to support the regular candidate of the party; and after -many fruitless trials to elect him, he was abandoned--Mr. Robert M. -T. Hunter, of Virginia, taken up, and eventually elected. He had -voted with the whig party in the New Jersey election case--among -the scattering in the votes for speaker; and was finally elected by -the full whig vote, and a few of the scattering from the democratic -ranks. He was one of the small band of Mr. Calhoun's friends; so -that that gentleman succeeded in governing the whig election of -speaker, after failing to govern that of the democracy. - -In looking over the names of the candidates for speaker it will be -seen that the whole were Southern men--no Northern man being at -any time put in nomination, or voted for. And this circumstance -illustrates a pervading system of action between the two sections -from the foundation of the government--the southern going for the -honors, the northern for the benefits of the government. And each -has succeeded, but with the difference of a success in a solid and -in an empty pursuit. The North has become rich upon the benefits of -the government: the South has grown lean upon its honors. - -This arduous and protracted contest for speaker, and where the -issue involved the vital party question of the organization of the -House, and where every member classified himself by a deliberate -and persevering series of votes, becomes important in a political -classification point of view, and is here presented in detail as the -political map of the House--taking the first vote as showing the -character of the whole. - -1. Members voting for Mr. Jones: 113. - - Judson Allen, Hugh J. Anderson, Charles G. Atherton, Linn Banks, - William Beatty, Andrew Beirne, Julius W. Blackwell, Linn Boyd, - David P. Brewster, Aaron V. Brown, Albert G. Brown, Edmund - Burke, Sampson H. Butler, William O. Butler, Jesse A. Bynum, - John Carr, James Carroll, Zadok Casey, Reuben Chapman, Nathan - Clifford, Walter Coles, Henry W. Connor, Robert Craig, Isaac E. - Crary, Edward Cross, Amasa Dana, Thomas Davee, John Davis, John - W. Davis, William Doan, Andrew W. Doig, George C. Dromgoole, - Alexander Duncan, Nehemiah H. Earl, Ira A. Eastman, John Ely, - John Fine, Isaac Fletcher, John G. Floyd, Joseph Fornance, - John Galbraith, James Gerry, Robert H. Hammond, Augustus C. - Hand, John Hastings, Micajah T. Hawkins, John Hill of North - Carolina, Solomon Hillen jr., Joel Holleman, Enos Hook, Tilghman - A. Howard, David Hubbard, Thomas B. Jackson, John Jameson, - Joseph Johnson, Cave Johnson, Nathaniel Jones, George M. Keim, - Gouverneur Kemble, Daniel P. Leadbetter, Isaac Leet, Stephen - B. Leonard, Dixon H. Lewis, Joshua A. Lowell, William Lucas, - Abraham McLellan, George McCulloch, James J. McKay, Meredith - Mallory, Albert G. Marchand, William Medill, John Miller, James - D. L. Montanya, William Montgomery, Samuel W. Morris, Peter - Newhard, Isaac Parrish, William Parmenter, Virgil D. Parris, - Lemuel Paynter, David Petrikin, Francis W. Pickens, John H. - Prentiss, William S. Ramsey, John Reynolds, R. Barnwell Rhett, - Francis E. Rives, Thomas Robinson jr., Edward Rodgers, Green - B. Samuels, Tristram Shaw, Charles Shepard, Albert Smith, John - Smith, Thomas Smith, David A. Starkweather, Lewis Steenrod, - Theron R. Strong, Henry Swearingen, George Sweeny, Jonathan - Taylor, Francis Thomas, Philip F. Thomas, Jacob Thompson, - Hopkins L. Turney, Aaron Vanderpoel, David D. Wagner, Harvey M. - Watterson, John B. Weller, William W. Wick, Jared W. Williams, - Henry Williams, John T. H. Worthington. - -2. Members voting for Mr. Bell: 102. - - John Quincy Adams, John W. Allen, Simeon H. Anderson, Landaff - W. Andrews, Daniel D. Barnard, Richard Biddle, William K. Bond, - John M. Botts, George N. Briggs, John H. Brockway, Anson Brown, - William B. Calhoun, William B. Campbell, William B. Carter, - Thomas W. Chinn, Thomas C. Chittenden, John C. Clark, James - Cooper, Thomas Corwin, George W. Crabb, Robt. B. Cranston, John - W. Crockett, Edward Curtis, Caleb Cushing, Edward Davies, Garret - Davis, William C. Dawson, Edmund Deberry, John Dennis, James - Dellet, John Edwards, George Evans, Horace Everett, Millard - Fillmore, Rice Garland, Seth M. Gates, Meredith P. Gentry, - Joshua R. Giddings, William L. Goggin, Patrick G. Goode, James - Graham, Francis Granger, Willis Green, William J. Graves, Moses - H. Grinnell, Hiland Hall, William S. Hastings, Richard Hawes, - Thomas Henry, John Hill of Virginia, Ogden Hoffman, Hiram P. - Hunt, Francis James, Daniel Jenifer, Charles Johnston, William - Cost Johnson, Abbott Lawrence, Levi Lincoln, Richard P. Marvin, - Samson Mason, Charles F. Mercer, Charles F. Mitchell, James - Monroe, Christopher Morgan, Calvary Morris, Charles Naylor, - Charles Ogle, Thomas B. Osborne, Rufus Palen, Luther C. Peck, - John Pope, George H. Proffit, Benjamin Randall, Joseph F. - Randolph, James Rariden, Kenneth Rayner, John Reed, Joseph - Ridgway, David Russell, Leverett Saltonstall, John Sergeant, - William Simonton, William Slade, Truman Smith, Edward Stanly, - William L. Storrs, John T. Stuart, John Taliaferro, Joseph L. - Tillinghast, George W. Toland, Philip Triplett, Joseph Trumbull, - Joseph R. Underwood, Peter J. Wagner, Edward D. White, John - White, Thomas W. Williams, Lewis Williams, Joseph L. Williams, - Christopher H. Williams, Sherrod Williams, Henry A. Wise. - -3. Scattering: 20. - -The following named members voted for William C. Dawson, of Georgia. - - Julius C. Alford, John Bell, Edward J. Black, Richard W. - Habersham, George W. Hopkins, Hiram P. Hunt, William Cost - Johnson, Thomas B. King, Eugenius A. Nisbet, Waddy Thompson, - jr., Lott Warren. - -The following named members voted for Dixon H. Lewis, of Alabama: - - John Campbell, Mark A. Cooper, John K. Griffin, John W. Jones, - Walter T. Colquitt. - -The following named members voted for Francis W. Pickens, of South -Carolina: - - Charles Fisher, Isaac E. Holmes, Robert M. T. Hunter, James - Rogers, Thomas B. Sumter. - - James Garland voted for George W. Hopkins, of Virginia. - - Charles Ogle voted for Robert M. T. Hunter, of Virginia. - - - - -CHAPTER XL. - -FIRST SESSION OF THE TWENTY-SIXTH CONGRESS: PRESIDENT'S MESSAGE. - - -The President met with firmness the new suspension of the banks of -the southern and western half of the Union, headed by the Bank of -the United States. Far from yielding to it he persevered in the -recommendation of his great measures, found in their conduct new -reasons for the divorce of Bank and State, and plainly reminded -the delinquent institutions with a total want of the reasons for -stopping payment which they had alleged two years before. He said: - - "It now appears that there are other motives than a want - of public confidence under which the banks seek to justify - themselves in a refusal to meet their obligations. Scarcely - were the country and government relieved, in a degree, from - the difficulties occasioned by the general suspension of - 1837, when a partial one, occurring within thirty months of - the former, produced new and serious embarrassments, though - it had no palliation in such circumstances as were alleged in - justification of that which had previously taken place. There - was nothing in the condition of the country to endanger a - well-managed banking institution; commerce was deranged by no - foreign war; every branch of manufacturing industry was crowned - with rich rewards; and the more than usual abundance of our - harvests, after supplying our domestic wants, had left our - granaries and storehouses filled with a surplus for exportation. - It is in the midst of this, that an irredeemable and depreciated - paper currency is entailed upon the people by a large portion - of the banks. They are not driven to it by the exhibition of a - loss of public confidence; or of a sudden pressure from their - depositors or note-holders, but they excuse themselves by - alleging that the current of business, and exchange with foreign - countries, which draws the precious metals from their vaults, - would require, in order to meet it, a larger curtailment of - their loans to a comparatively small portion of the community, - than it will be convenient for them to bear, or perhaps safe for - the banks to exact. The plea has ceased to be one of necessity. - Convenience and policy are now deemed sufficient to warrant - these institutions in disregarding their solemn obligations. - Such conduct is not merely an injury to individual creditors, - but it is a wrong to the whole community, from whose liberality - they hold most valuable privileges--whose rights they violate, - whose business they derange, and the value of whose property - they render unstable and insecure. It must be evident that this - new ground for bank suspensions, in reference to which their - action is not only disconnected with, but wholly independent - of, that of the public, gives a character to their suspensions - more alarming than any which they exhibited before, and greatly - increases the impropriety of relying on the banks in the - transactions of the government." - -The President also exposed the dangerous nature of the whole banking -system from its chain of connection and mutual dependence of one -upon another, so as to make the misfortune or criminality of one the -misfortune of all. Our country banks were connected with those of -New York and Philadelphia: they again with the Bank of England. So -that a financial crisis commencing in London extends immediately to -our great Atlantic cities; and thence throughout the States to the -most petty institutions of the most remote villages and counties: -so that the lever which raised or sunk our country banks was in -New York and Philadelphia, while they themselves were worked by a -lever in London; thereby subjecting our system to the vicissitudes -of English banking, and especially while we had a national bank, -which, by a law of its nature, would connect itself with the Bank -of England. All this was well shown by the President, and improved -into a reason for disconnecting ourselves from a moneyed system, -which, in addition to its own inherent vices and fallibilities, was -also subject to the vices, fallibilities, and even inimical designs -of another, and a foreign system--belonging to a power, always our -competitor in trade and manufactures--sometimes our enemy in open -war. - - "Distant banks may fail, without seriously affecting those in - our principal commercial cities; but the failure of the latter - is felt at the extremities of the Union. The suspension at - New York, in 1837, was every where, with very few exceptions, - followed, as soon as it was known; that recently at Philadelphia - immediately affected the banks of the South and West in a - similar manner. This dependence of our whole banking system on - the institutions in a few large cities, is not found in the - laws of their organization, but in those of trade and exchange. - The banks at that centre to which currency flows, and where - it is required in payments for merchandise, hold the power of - controlling those in regions whence it comes, while the latter - possess no means of restraining them; so that the value of - individual property, and the prosperity of trade, through the - whole interior of the country, are made to depend on the good or - bad management of the banking institutions in the great seats - of trade on the seaboard. But this chain of dependence does not - stop here. It does not terminate at Philadelphia or New York. - It reaches across the ocean, and ends in London, the centre - of the credit system. The same laws of trade, which give to - the banks in our principal cities power over the whole banking - system of the United States, subject the former, in their turn, - to the money power in Great Britain. It is not denied that the - suspension of the New York banks in 1837, which was followed - in quick succession throughout the Union, was partly produced - by an application of that power; and it is now alleged, in - extenuation of the present condition of so large a portion of - our banks, that their embarrassments have arisen from the same - cause. From this influence they cannot now entirely escape, for - it has its origin in the credit currencies of the two countries; - it is strengthened by the current of trade and exchange, which - centres in London, and is rendered almost irresistible by the - large debts contracted there by our merchants, our banks, and - our States. It is thus that an introduction of a new bank into - the most distant of our villages, places the business of that - village within the influence of the money power in England. - It is thus that every new debt which we contract in that - country, seriously affects our own currency, and extends over - the pursuits of our citizens its powerful influence. We cannot - escape from this by making new banks, great or small, State - or National. The same chains which bind those now existing to - the centre of this system of paper credit, must equally fetter - every similar institution we create. It is only by the extent - to which this system has been pushed of late, that we have been - made fully aware of its irresistible tendency to subject our - own banks and currency to a vast controlling power in a foreign - land; and it adds a new argument to those which illustrate - their precarious situation. Endangered in the first place by - their own mismanagement, and again by the conduct of every - institution which connects them with the centre of trade in our - own country, they are yet subjected, beyond all this, to the - effect of whatever measures, policy, necessity, or caprice, may - induce those who control the credits of England to resort to. - Is an argument required beyond the exposition of these facts, - to show the impropriety of using our banking institutions as - depositories of the public money? Can we venture not only to - encounter the risk of their individual and mutual mismanagement, - but, at the same time, to place our foreign and domestic policy - entirely under the control of a foreign moneyed interest? To - do so is to impair the independence of our government, as the - present credit system has already impaired the independence of - our banks. It is to submit all its important operations, whether - of peace or war, to be controlled or thwarted at first by our - own banks, and then by a power abroad greater than themselves. - I cannot bring myself to depict the humiliation to which this - government and people might be sooner or later reduced, if the - means for defending their rights are to be made dependent upon - those who may have the most powerful of motives to impair them." - -These were sagacious views, clearly and strongly presented, and new -to the public. Few had contemplated the evils of our paper system, -and the folly and danger of depending upon it for currency, under -this extended and comprehensive aspect; but all saw it as soon as -it was presented; and this actual dependence of our banks upon that -of England became a new reason for the governmental dissolution of -all connection with them. Happily they were working that dissolution -themselves, and producing that disconnection by their delinquencies -which they were able to prevent Congress from decreeing. An existing -act of Congress forbid the employment of any non-specie paying bank -as a government depository, and equally forbid the use of its paper. -They expected to coerce the government to do both: it did neither: -and the disconnection became complete, even before Congress enacted -it. - -The President had recommended, in his first annual message, the -passage of a pre-emption act in the settlement of the public lands, -and of a graduation act to reduce the price of the lands according -to their qualities, governed by the length of time they had been in -market. The former of these recommendations had been acted upon, -and became law; and the President had now the satisfaction to -communicate its beneficial operation. - - "On a former occasion your attention was invited to various - considerations in support of a pre-emption law in behalf of the - settlers on the public lands; and also of a law graduating the - prices for such lands as had long been in the market unsold, in - consequence of their inferior quality. The execution of the act - which was passed on the first subject has been attended with - the happiest consequences, in quieting titles, and securing - improvements to the industrious; and it has also, to a very - gratifying extent, been exempt from the frauds which were - practised under previous pre-emption laws. It has, at the same - time, as was anticipated, contributed liberally during the - present year to the receipts of the Treasury. The passage of a - graduation law, with the guards before recommended, would also, - I am persuaded, add considerably to the revenue for several - years, and prove in other respects just and beneficial. Your - early consideration of the subject is, therefore, once more - earnestly requested." - -The opposition in Congress, who blamed the administration for -the origin and conduct of the war with the Florida Indians, had -succeeded in getting through Congress an appropriation for a -negotiation with this tribe, and a resolve requesting the President -to negotiate. He did so--with no other effect than to give an -opportunity for renewed treachery and massacre. The message said: - - "In conformity with the expressed wishes of Congress, an - attempt was made in the spring to terminate the Florida war by - negotiation. It is to be regretted that these humane intentions - should have been frustrated, and that the efforts to bring - these unhappy difficulties to a satisfactory conclusion should - have failed. But, after entering into solemn engagements with - the Commanding General, the Indians, without any provocation, - recommenced their acts of treachery and murder. The renewal of - hostilities in that Territory renders it necessary that I should - recommend to your favorable consideration the measure proposed - by the Secretary at War (the armed occupation of the Territory)." - -With all foreign powers the message had nothing but what was -friendly and desirable to communicate. Nearly every question of -dissension and dispute had been settled under the administration -of his predecessor. The accumulated wrongs of thirty years to the -property and persons of our citizens, had been redressed under -President Jackson. He left the foreign world in peace and friendship -with his country; and his successor maintained the amicable -relations so happily established. - - - - -CHAPTER XLI. - -DIVORCE OF BANK AND STATE; DIVORCE DECREED. - - -This measure, so long and earnestly contested, was destined to be -carried into effect at this session; but not without an opposition -on the part of the whig members in each House, which exhausted -both the powers of debate, and the rules and acts of parliamentary -warfare. Even after the bill had passed through all its forms--had -been engrossed for the third reading, and actually been read a third -time and was waiting for the call of the vote, with a fixed majority -shown to be in its favor--the warfare continued upon it, with no -other view than to excite the people against it: for its passage in -the Senate was certain. It was at this last moment that Mr. Clay -delivered one of his impassioned and glowing speeches against it. - - "Mr. President, it is no less the duty of the statesman than - the physician, to ascertain the exact state of the body to - which he is to minister before he ventures to prescribe any - healing remedy. It is with no pleasure, but with profound - regret, that I survey the present condition of our country. I - have rarely, I think never, known a period of such universal - and intense distress. The general government is in debt, - and its existing revenue is inadequate to meet its ordinary - expenditure. The States are in debt, some of them largely in - debt, insomuch that they have been compelled to resort to - the ruinous expedient of contracting new loans to meet the - interest upon prior loans; and the people are surrounded with - difficulties; greatly embarrassed, and involved in debt. Whilst - this is, unfortunately, the general state of the country, the - means of extinguishing this vast mass of debt are in constant - diminution. Property is falling in value--all the great staples - of the country are declining in price, and destined, I fear, to - further decline. The certain tendency of this very measure is - to reduce prices. The banks are rapidly decreasing the amount - of their circulation. About one-half of them, extending from - New Jersey to the extreme Southwest, have suspended specie - payments, presenting an image of a paralytic, one moiety of - whose body is stricken with palsy. The banks are without a - head; and, instead of union, concert, and co-operation between - them, we behold jealousy, distrust, and enmity. We have no - currency whatever possessing uniform value throughout the - whole country. That which we have, consisting almost entirely - of the issues of banks, is in a state of the utmost disorder, - insomuch that it varies, in comparison with the specie standard, - from par to fifty per cent. discount. Exchanges, too, are in - the greatest possible confusion, not merely between distant - parts of the Union, but between cities and places in the same - neighborhood. That between our great commercial marts of New - York and Philadelphia, within five or six hours of each other, - vacillating between seven and ten per cent. The products of our - agricultural industry are unable to find their way to market - from the want of means in the hands of traders to purchase - them, or from the want of confidence in the stability of things. - Many of our manufactories stopped or stopping, especially in - the important branch of woollens; and a vast accumulation of - their fabrics on hand, owing to the destruction of confidence - and the wretched state of exchange between different sections - of the Union. Such is the unexaggerated picture of our present - condition. And amidst the dark and dense cloud that surrounds - us, I perceive not one gleam of light. It gives me nothing but - pain to sketch the picture. But duty and truth require that - existing diseases should be fearlessly examined and probed - to the bottom. We shall otherwise be utterly incapable of - conceiving or applying appropriate remedies. If the present - unhappy state of our country had been brought upon the people - by their folly and extravagance, it ought to be borne with - fortitude, and without complaint, and without reproach. But - it is my deliberate judgment that it has not been--that the - people are not to blame--and that the principal causes of - existing embarrassments are not to be traced to them. Sir, it - is not my purpose to waste the time or excite the feelings of - members of the Senate by dwelling long on what I suppose to - be those causes. My object is a better, a higher, and I hope - a more acceptable one--to consider the remedies proposed for - the present exigency. Still, I should not fulfil my whole duty - if I did not briefly say that, in my conscience, I believe our - pecuniary distresses have mainly sprung from the refusal to - recharter the late Bank of the United States; the removal of the - public deposits from that institution; the multiplication of - State banks in consequence; and the Treasury stimulus given to - them to extend their operations; the bungling manner in which - the law, depositing the surplus treasure with the States, was - executed; the Treasury circular; and although last, perhaps not - least, the exercise of the power of the veto on the bill for - distributing, among the States, the net proceeds of the sales of - the public lands." - -This was the opening of the speech--the continuation and conclusion -of which was bound to be in harmony with this beginning; and -obliged to fill up the picture so pathetically drawn. It did -so, and the vote being at last taken, the bill passed by a fair -majority--24 to 18. But it had the House of Representatives still -to encounter, where it had met its fate before; and to that House -it was immediately sent for its concurrence. A majority were known -to be for it; but the shortest road was taken to its passage; and -that was under the debate-killing pressure of the previous question. -That question was freely used; and amendment after amendment cut -off; motion after motion stifled; speech after speech suppressed; -the bill carried from stage to stage by a sort of silent struggle -(chiefly interrupted by the repeated process of calling yeas and -nays), until at last it reached the final vote--and was passed--by -a majority, not large, but clear--124 to 107. This was the 30th of -June, that is to say, within twenty days of the end of a session -of near eight months. The previous question, so often abused, now -so properly used (for the bill was an old measure, on which not a -new word was to be spoken, or a vote to be changed, the only effort -being to stave it off until the end of the session), accomplished -this good work--and opportunely; for the next Congress was its -deadly foe. - -The bill was passed, but the bitter spirit which pursued it was not -appeased. There is a form to be gone through after the bill has -passed all its three readings--the form of agreeing to its title. -This is as much a matter of course and form as it is to give a child -a name after it is born: and, in both cases, the parents having the -natural right of bestowing the name. But in the case of this bill -the title becomes a question, which goes to the House, and gives to -the enemies of the measure a last chance of showing their temper -towards it: for it is a form in which nothing but temper can be -shown. This is sometimes done by simply voting against the title, -as proposed by its friends--at others, and where the opposition is -extreme, it is done by a motion to amend the title by striking it -out, and substituting another of odium, and this mode of opposition -gives the party opposed to it an opportunity of expressing an -opinion on the merits of the bill itself, compressed into an -essence, and spread upon the journal for a perpetual remembrance. -This was the form adopted on this occasion. The name borne at the -head of the bill was inoffensive, and descriptive. It described the -bill according to its contents, and did it in appropriate and modest -terms. None of the phrases used in debate, such as "Divorce of Bank -and State," "Sub-treasury," "Independent Treasury," &c., and which -had become annoying to the opposition, were employed, but a plain -title of description in these terms: "_An act to provide for the -collection, safe-keeping, and disbursing of the public money._" To -this title Mr. James Cooper, of Pennsylvania, moved an amendment, -in the shape of a substitute, in these words: "_An act to reduce -the value of property, the products of the farmer, and the wages of -labor, to destroy the indebted portions of the community, and to -place the Treasury of the nation in the hands of the President._" -Before a vote could be taken upon this proposed substitute, Mr. -Caleb Cushing, of Massachusetts, proposed to amend it by adding "_to -enable the public money to be drawn from the public Treasury without -appropriation made by law_," and having proposed this amendment to -Mr. Cooper's amendment, Mr. Cushing began to speak to the contents -of the bill. Then followed a scene in which the parliamentary -history must be allowed to speak for itself. - - "Mr. CUSHING then resumed, and said he had moved the amendment - with a view of making a very limited series of remarks pertinent - to the subject. He was then proceeding to show why, in his - opinion, the contents of the bill did not agree with its title, - when - - "Mr. _Petrikin_, of Pennsylvania, called him to order. - - "The Speaker said the gentleman from Massachusetts had a right - to amend the title of the bill, if it were not a proper title. - He had, therefore, a right to examine the contents of the bill, - to show that the title was improper. - - "Mr. PETRIKIN still objected. - - "The Speaker said the gentleman from Pennsylvania would be - pleased to reduce his point of order to writing. - - "Mr. PROFFIT, of Indiana, called Mr. Petrikin to order; and - after some colloquial debate, the objection was withdrawn. - - "Mr. CUSHING then resumed, and appeared very indignant at the - interruption. He wished to know if the measure was to be forced - on the country without affording an opportunity to say a single - word. He said they were at the last act in the drama, but the - end was not yet. Mr. C. then proceeded to give his reasons why - he considered the bill as an unconstitutional measure, as he - contended that it gave the Secretary power to draw on the public - money without appropriations by law. He concluded by observing - that he had witnessed the incubation and hatching of this - _cockatrice_, but he hoped the time was not far distant when the - people would put their feet on the _reptile_ and crush it to the - dust. - - "Mr. PICKENS, of South Carolina, then rose, and in a very - animated manner said he had wished to make a few remarks upon - the bill before its passage, but he was now compelled to confine - himself in reply to the very extraordinary language and tone - assumed by the gentleman from Massachusetts. What right had he - to speak of this bill as being forced on the country by "_brutal - numbers_?" That gentleman had defined the bill according to - _his_ conception of it; but he would tell the gentleman, that - the bill would, thank God, deliver this government from the - hands of those who for so many years had lived by _swindling_ - the proceeds of honest labor. Yes, said Mr. P., I thank my God - that the hour of our deliverance is now so near, from a system - which has wrung the hard earnings from productive industry for - the benefit of a few irresponsible corporations. - - "Sir, I knew the contest would be fierce and bitter. The bill, - in its principles, draws the line between the great _laboring - and landed interests_ of this confederacy, and those who - are identified with _capitalists in stocks_ and live upon - _incorporated credit_. The latter class have lived and fattened - upon the fiscal action of this government, from the _funding - system_ down to the present day--and now they feel like wolves - who have been driven back from the warm blood they have been - lapping for forty years. Well may the gentleman [Mr. CUSHING], - who represents those interests, cry out and exclaim that it is - a bill passed in force by fraud and power--it is the power and - the spirit of a free people determined to redeem themselves and - their government. - - "Here the calls to order were again renewed from nearly every - member of the opposition, and great confusion prevailed. - - "The Speaker with much difficulty succeeded in restoring - something like order, and as none of those who had so - vociferously called Mr. P. to order, raised any point, - - "Mr. PICKENS proceeded with his remarks, and alluding to the - words of Mr. Cushing, that "this was the last act of the drama," - said this was the first, and not the last act of the drama. - There were great questions that lay behind this, connected with - the fiscal action of the government, and which we will be called - on to decide in the next few years; they were all connected with - one great and complicated system. This was the commencement, and - only a branch of the system. - - "Here the cries of order from the opposition were renewed, and - after the storm had somewhat subsided, - - "Mr. P. said, rather than produce confusion at that late hour - of the day, when this great measure was so near a triumphant - consummation, and, in spite of all the exertions of its enemies, - was about to become the law of the land, he would not trespass - any longer on the attention of the House. But the gentleman had - said that because the first section had declared what should - constitute the Treasury, and that another section had provided - for keeping portions of the Treasury in other places than the - safes and vaults in the Treasury building of this place; that, - therefore, it was to be inferred that those who were to execute - it would draw money from the Treasury without appropriations - by law, and thus to perpetrate a fraud upon the constitution. - Mr. P. said, let those who are to execute this bill dare to - commit this outrage, and use money for purposes not intended - in appropriations by law, and they would be visited with the - indignation of an outraged and wronged people. It would be too - gross and palpable. Such is not the broad meaning and intention - of the bill. The construction given by the gentleman was a - forced and technical one, and not natural. It was too strained - to be seriously entertained by any one for a moment. He raised - his protest against it. - - "Mr. P. regretted the motion admitted of such narrow and - confined debate. He would not delay the passage of the bill - upon so small a point. He congratulated the country that we - had approached the period when the measure was about to be - triumphantly passed into a permanent law of the land. It is - a great measure. Considering the lateness of the hour, the - confusion in the House, and that the gentleman had had the - advantage of an opening speech, he now concluded by demanding - the previous question. - - "On this motion the disorder among the opposition was renewed - with tenfold fury, and some members made use of some very hard - words, accompanied by violent gesticulation. - - "It was some minutes before any thing approaching order could be - restored. - - "The Speaker having called on the sergeant-at-arms to clear the - aisles, - - "The call of the previous question was seconded, and the main - question on the amendment to the amendment ordered to be put. - - "The motion for the previous question having received a second, - the main question was ordered. - - "The question was then taken on Mr. Cushing's amendment to the - amendment, and disagreed to without a count. - - "The question recurring on the substitute of Mr. Cooper, of - Pennsylvania, for the original title of the bill, - - "Mr. R. GARLAND, of Louisiana, demanded the yeas and nays, which - having been ordered, were--yeas 87, nays 128." - -Eighty-seven members voted, on yeas and nays, for Mr. Cooper's -proposed title, which was a strong way of expressing their opinion -of it. For Mr. Cushing's amendment to it, there were too few to -obtain a division of the House; and thus the bill became complete -by getting a name--but only by the summary, silent, and enforcing -process of the previous question. Even the title was obtained by -that process. The passage of this act was the distinguishing glory -of the Twenty-sixth Congress, and the "crowning mercy" of Mr. Van -Buren's administration. Honor and gratitude to the members, and all -the remembrance which this book can give them. Their names were: - - IN THE SENATE:--Messrs. Allen of Ohio, Benton, Brown of North - Carolina, Buchanan, Calhoun, Clay of Alabama, Cuthbert of - Georgia, Fulton of Arkansas, Grundy, Hubbard of New Hampshire, - King of Alabama, Linn of Missouri, Lumpkin of Georgia, Mouton of - Louisiana, Norvell of Michigan, Pierce of New Hampshire, Roane - of Virginia, Sevier of Arkansas, Smith of Connecticut, Strange - of North Carolina, Tappan of Ohio, Walker of Mississippi, - Williams of Maine. - - IN THE HOUSE OF REPRESENTATIVES:--Messrs. Judson Allen, Hugh - J. Anderson, Charles G. Atherton, William Cost Johnson, Cave - Johnson, Nathaniel Jones, John W. Jones, George M. Keim, - Gouverneur Kemble, Joseph Kille, Daniel P. Leadbetter, Isaac - Leet, Stephen B. Leonard, Dixon H. Lewis, Joshua A. Lowell, - William Lucas, Abraham McClellan, George McCulloch, James J. - McKay, Meredith Mallory, Albert G. Marchand, William Medill, - John Miller, James D. L. Montanya, Linn Banks, William Beatty, - Andrew Beirne, William Montgomery, Samuel W. Morris, Peter - Newhard, Isaac Parrish, William Parmenter, Virgil D. Parris, - Lemuel Paynter, David Petrikin, Francis W. Pickens, John H. - Prentiss, William S. Ramsey, John Reynolds, R. Barnwell Rhett, - Francis E. Rives, Thomas Robinson, Jr., Edward Rogers, James - Rogers, Daniel B. Ryall, Green B. Samuels, Tristram Shaw, - Charles Shepard, Edward J. Black, Julius W. Blackwell, Linn - Boyd, John Smith, Thomas Smith, David A. Starkweather, Lewis - Steenrod, Theron R. Strong, Thomas D. Sumter, Henry Swearingen, - George Sweeney, Jonathan Taylor, Francis Thomas, Philip F. - Thomas, Jacob Thompson, Hopkins L. Turney, Aaron Vanderpoel, - Peter D. Vroom, David D. Wagener, Harvey M. Watterson, John - B. Weller, Jared W. Williams, Henry Williams, John T. H. - Worthington. - - - - -CHAPTER XLII. - -FLORIDA ARMED OCCUPATION BILL: MR. BENTON'S SPEECH: EXTRACTS. - - -Armed occupation, with land to the occupant, is the true way of -settling and holding a conquered country. It is the way which has -been followed in all ages, and in all countries, from the time -that the children of Israel entered the promised land, with the -implements of husbandry in one hand, and the weapons of war in the -other. From that day to this, all conquered countries had been -settled in that way. Armed settlement, and a homestead in the soil, -was the principle of the Roman military colonies, by which they -consolidated their conquests. The northern nations bore down upon -the south of Europe in that way: the settlers of the New World--our -pilgrim fathers and all--settled these States in that way: the -settlement of Kentucky and Tennessee was effected in the same way. -The armed settlers went forth to fight, and to cultivate. They -lived in stations first--an assemblage of blockhouses (the Roman -presidium), and emerged to separate settlements afterwards; and -in every instance, an interest in the soil--an inheritance in the -land--was the reward of their enterprise, toil, and danger. The -peninsula of Florida is now prepared for this armed settlement: the -enemy has been driven out of the field. He lurks, an unseen foe, in -the swamps and hammocks. He no longer shows himself in force, or -ventures a combat; but, dispersed and solitary, commits individual -murders and massacres. The country is prepared for armed settlement. - -It is the fashion--I am sorry to say it--to depreciate the services -of our troops in Florida--to speak of them as having done nothing; -as having accomplished no object for the country, and acquired no -credit for themselves. This was a great error. The military had done -an immensity there; they had done all that arms could do, and a -great deal that the axe and the spade could do. They had completely -conquered the country; that is to say, they had driven the enemy -from the field; they had dispersed the foe; they had reduced them -to a roving banditti, whose only warfare was to murder stragglers -and families. Let any one compare the present condition of Florida -with what it was at the commencement of the war, and see what a -change has taken place. Then combats were frequent. The Indians -embodied continually, fought our troops, both regulars, militia, -and volunteers. Those hard contests cannot be forgotten. It cannot -be forgotten how often these Indians met our troops in force, or -hung upon the flanks of marching columns, harassing and attacking -them at every favorable point. Now all this is done. For two years -past, we have heard of no such thing. The Indians, defeated in -these encounters, and many of them removed to the West, have now -retired from the field, and dispersed in small parties over the -whole peninsula of Florida. They are dispersed over a superficies of -45,000 square miles, and that area sprinkled all over with haunts -adapted to their shelter, to which they retire for safety like -wild beasts, and emerge again for new mischief. Our military have -then done much; they have done all that military can do; they have -broken, dispersed, and scattered the enemy. They have driven them -out of the field; they have prepared the country for settlement, -that is to say, for armed settlement. There has been no battle, no -action, no skirmish, in Florida, for upwards of two years. The last -combats were at Okeechobee and Caloosahatchee, above two years ago. -There has been no _war_ since that time; nothing but individual -massacres. The country has been waiting for settlers for two years; -and this bill provides for them, and offers them inducements to -settle. - -Besides their military labors, our troops have done an immensity of -labor of a different kind. They have penetrated and perforated the -whole peninsula of Florida; they have gone through the _Serbonian -bogs_ of that peninsula; they have gone where the white man's foot -never before was seen to tread; and where no Indian believed it -could ever come. They have gone from the Okeefekonee swamp to the -Everglades; they have crossed the peninsula backwards and forwards, -from the Gulf of Mexico to the Atlantic Ocean. They have sounded -every morass, threaded every hammock, traced every creek, examined -every lake, and made the topography of the country as well known as -that of the counties of our States. The maps which the topographical -officers have constructed, and the last of which is in the Report of -the Secretary at War, attest the extent of these explorations, and -the accuracy and minuteness of the surveys and examinations. Besides -all this, the troops have established some hundreds of posts; -they have opened many hundred miles of wagon road; and they have -constructed some thousands of feet of causeways and bridges. These -are great and meritorious labors. They are labors which prepare the -country for settlement; prepare it for the 10,000 armed cultivators -which this bill proposes to send there. - -Mr. B. said he paid this tribute cheerfully to the merits of our -military, and our volunteers and militia employed in Florida; the -more cheerfully, because it was the inconsiderate custom of too -many to depreciate the labors of these brave men. He took pleasure, -here in his place, in the American Senate, to do them justice; and -that without drawing invidious comparisons--without attempting to -exalt some at the expense of others. He viewed with a favorable -eye--with friendly feelings--with prepossessions in their favor--all -who were doing their best for their country; and all such--all -who did their best for their country--should have his support and -applause, whether fortune was more or less kind to them, in crowning -their meritorious exertions with success. He took pleasure in doing -all this justice; but his tribute would be incomplete, if he did not -add what was said by the Secretary at War, in his late report, and -also by the immediate commander, General Taylor. - -Mr. B. repeated, that the military had done their duty, and deserved -well of their country. They had brought the war to that point, when -there was no longer an enemy to be fought; when there was nothing -left but a banditti to be extirpated. Congress, also, had tried -its policy--the policy of peace and conciliation--and the effort -only served to show the unparalleled treachery and savageism of -the ferocious beasts with which we had to deal. He alluded to the -attempts at negotiation and pacification, tried this summer under -an intimation from Congress. The House of Representatives, at the -last session, voted $5,000 for opening negotiations with these -Indians. When the appropriation came to the Senate, it was objected -to by himself and some others, from the knowledge they had of the -character of these Indians, and their belief that it would end in -treachery and misfortune. The House adhered; the appropriation was -made; the administration acted upon it, as they felt bound to do; -and behold the result of the attempt! The most cruel and perfidious -massacres plotted and contrived while making the treaty itself! -a particular officer selected, and stipulated to be sent to a -particular point, under the pretext of establishing a trading-post, -and as a protector, there to be massacred! a horrible massacre in -reality perpetrated there; near seventy persons since massacred, -including families; the Indians themselves emboldened by our offer -of peace, and their success in treachery; and the whole aspect of -the war made worse by our injudicious attempt at pacification. - -Lt. Col. Harney, with a few soldiers and some citizens, was reposing -on the banks of the Caloosahatchee, under the faith of treaty -negotiations, and on treaty ground. He was asleep. At the approach -of daybreak he was roused by the firing and yells of the Indians, -who had got possession of the camp, and killed the sergeant and -more than one-half of his men. Eleven soldiers and five citizens -were killed; eight soldiers and two citizens escaped. Seven of the -soldiers, taking refuge in a small sail-boat, then lying off in the -stream, in which the two citizens fortunately had slept that night, -as soon as possible weighed anchor, and favored by a light breeze, -slipped off unperceived by the Indians. The Colonel himself escaped -with great difficulty, and after walking fifteen miles down the -river, followed by one soldier, came to a canoe, which he had left -there the evening previous, and succeeded, by this means, in getting -on board the sail-boat, where he found those who had escaped in her. -Before he laid down to sleep, the treacherous Chitto Tustenuggee, -partaking his hospitality, lavished proofs of friendship upon him. -Here was an instance of treachery of which there was no parallel -in Indian warfare. With all their treachery, the treaty-ground is -a sacred spot with the Indians; but here, in the very articles of -a treaty itself, they plan a murderous destruction of an officer -whom they solicited to be sent with them as their protector; and, -to gratify all their passions of murder and robbery at once, they -stipulate to have their victims sent to a remote point, with -settlers and traders, as well as soldiers, and with a supply of -goods. All this they arranged; and too successfully did they execute -the plan. And this was the beginning of their _execution_ of the -treaty. Massacres, assassinations, robberies, and house-burnings, -have followed it up, until the suburbs of St. Augustine and -Tallahasse are stained with blood, and blackened with fire. About -seventy murders have since taken place, including the destruction of -the shipwrecked crews and passengers on the southern extremity of -the peninsula. - -The plan of Congress has, then, been tried; the experiment of -negotiation has been tried and has ended disastrously and cruelly -for us, and with greatly augmenting the confidence and ferocity of -the enemy. It puts an end to all idea of finishing the war there -by peaceable negotiation. Chastisement is what is due to these -Indians, and what they expect. They mean to keep no faith with the -government, and henceforth they will expect no faith to be reposed -in them. The issue is now made; we have to expel them by force, or -give up forty-five thousand square miles of territory--much of it an -old settled country--to be ravaged by this banditti. - -The plan of Congress has been tried, and has ended in disaster; the -military have done all that military can do; the administration -have now in the country all the troops which can be spared for the -purpose. They have there the one-half of our regular infantry, to -wit: four regiments out of eight; they have there the one-half of -our dragoons, to wit: one regiment; they even have there a part of -our artillery, to wit: one regiment; and they have besides, there, -a part of the naval force to scour the coasts and inlets; and, in -addition to all this, ten companies of Florida volunteers. Even the -marines under their accomplished commander (Col. Henderson), and at -his request, have been sent there to perform gallant service, on an -element not their own. No more of our troops can be spared for that -purpose; the West and the North require the remainder, and more than -the remainder. The administration can do no more than it has done -with the means at its command. It is laid under the necessity of -asking other means; and the armed settlers provided for in this bill -are the principal means required. One thousand troops for the war, -is all that is asked in addition to the settlers, in this bill. - -This then is the point we are at: To choose between granting -these means, or doing nothing! Yes, sir, to choose between the -recommendations of the administration, and nothing! I say, these, or -nothing; for I presume Congress will not prescribe another attempt -at negotiation; no one will recommend an increase of ten thousand -regular troops; no one will recommend a draft of ten thousand -militia. It is, then, the plan of the administration, or nothing; -and this brings us to the question, whether the government can now -fold its arms, leave the regulars to man their posts, and abandon -the country to the Indians? This is now the question; and to this -point I will direct the observations which make it impossible for -us to abdicate our duty, and abandon the country to the Indians. - -I assume it then as a point granted, that Florida cannot be given -up--that she cannot be abandoned--that she cannot be left in her -present state. What then is to be done? Raise an army of ten -thousand men to go there to fight? Why, the men who are there now -can find nobody to fight! It is two years since a fight has been -had; it is two years since we have heard of a fight. Ten men, who -will avoid surprises and ambuscades, can now go from one end of -Florida to the other. As warriors, these Indians no longer appear, -it is only as assassins, as robbers, as incendiaries, that they -lurk about. The country wants settlers, not an army. It has wanted -these settlers for two years; and this bill provides for them, and -offers them the proper inducements to go. And here I take the three -great positions, that this bill is the _appropriate_ remedy; that -it is the _efficient_ remedy; that it is the _cheap_ remedy, for -the cure of the Florida difficulties. It is the appropriate remedy; -for what is now wanted, is not an army to fight, but settlers and -cultivators to retain possession of the country, and to defend their -possessions. We want people to take possession, and keep possession, -and the armed cultivator is the man for that. The blockhouse is the -first house to be built in an Indian country; the stockade is the -first fence to be put up. Within that blockhouse, and a few of them -together--a hollow square of blockhouses, two miles long on each -side, two hundred yards apart, and enclosing a good field--safe -habitations are found for families. The faithful mastiff, to give -notice of the approach of danger, and a few trusty rifles in brave -hands, make all safe. Cultivation and defence then goes hand in -hand. The heart of the Indian sickens when he hears the crowing of -the cock, the barking of the dog, the sound of the axe, and the -crack of the rifle. These are the true evidences of the dominion -of the white man; these are the proof that the owner has come, and -means to stay; and then they feel it to be time for them to go. -While soldiers alone are in the country, they feel their presence to -be temporary; that they are mere sojourners in the land, and sooner -or later must go away. It is the settler alone, the armed settler, -whose presence announces the dominion--the permanent dominion--of -the white man. - -It is the most efficient remedy. On this point we can speak with -confidence, for the other remedies have been tried, and have -failed. The other remedies are to catch the Indians, and remove -them; or, to negotiate with them, and induce them to go off. Both -have been tried; both are exhausted. No human being now thinks that -our soldiers can catch these Indians; no one now believes in the -possibility of removing them by treaty. No other course remains to -be tried, but the armed settlement; and that is so obvious, that it -is difficult to see how any one that has read history, or has heard -how this new world was settled, or how Kentucky and Tennessee were -settled, can doubt it. - -The peninsula is a desolation. Five counties have been depopulated. -The inhabitants of five counties--the survivors of many -massacres--have been driven from their homes: this bill is intended -to induce them to return, and to induce others to go along with -them. Such inducements to settle and defend new countries have been -successful in all ages and in all nations; and cannot fail to be -effectual with us. _Deliberat Roma, perit Saguntum_, became the -watchword of reproach, and of stimulus to action in the Roman Senate -when the Senate deliberated while a colony was perishing. _Saguntum -perishes while Rome deliberates_: and this is truly the case with -ourselves and Florida. That beautiful and unfortunate territory is -a prey to plunder, fire, and murder. The savages kill, burn and -rob--where they find a man, a house, or an animal in the desolation -which they have made. Large part of the territory is the empty and -bloody skin of an immolated victim. - - - - -CHAPTER XLIII. - -ASSUMPTION OF THE STATE DEBTS. - - -About one-half of the States had contracted debts abroad which they -were unable to pay when due, and in many instances were unable to -pay the current annual interest. These debts at this time amounted -to one hundred and seventy millions of dollars, and were chiefly -due in Great Britain. They had been converted into a stock, and -held in shares, and had gone into a great number of hands; and from -defaults in payments were greatly depreciated. The Reverend Sydney -Smith, of witty memory, and amiable withal, was accustomed to lose -all his amiability, but no part of his wit, when he spoke of his -Pennsylvania bonds--which in fact was very often. But there was -another class of these bond-holders who did not exhale their griefs -in wit, caustic as it might be, but looked to more substantial -relief--to an assumption in some form, disguised or open, virtual -or actual, of these debts by the federal government. These British -capitalists, connected with capitalists in the United States, -possessed a weight on this point which was felt in the halls of -Congress. The disguised attempts at this assumption, were in the -various modes of conveying federal money to the States in the -shape of distributing surplus revenue, of dividing the public land -money, and of bestowing money on the States under the fallacious -title of a deposit. But a more direct provision in their behalf was -wanted by these capitalists, and in the course of the year 1839 a -movement to that effect was openly made through the columns of their -regular organ--The London Bankers' Circular, emanating from the most -respectable and opulent house of the Messrs. Baring, Brothers and -Company. At this open procedure on the part of these capitalists, it -was deemed expedient to meet the attempt _in limine_ by a positive -declaration in Congress against the constitutionality, the justice, -and the policy of any such measure. With this view Mr. Benton, at -the commencement of the first session of Congress after the issuing -of the Bankers' Circular, submitted a series of resolutions in the -Senate, which, with some modification, and after an earnest debate, -were passed in that body. These were the resolutions: - - "1. That the assumption of such debts either openly, by a - direct promise to pay them, or disguisedly by going security - for their payment, or by creating surplus revenue, or applying - the national funds to pay them, would be a gross and flagrant - violation of the constitution, wholly unwarranted by the letter - or spirit of that instrument, and utterly repugnant to all the - objects and purposes for which the federal Union was formed. - - "2. That the debts of the States being now chiefly held by - foreigners, and constituting a stock in foreign markets greatly - depreciated, any legislative attempt to obtain the assumption - or securityship of the United States for their payment, or to - provide for their payment out of the national funds, must have - the effect of enhancing the value of that stock to the amount - of a great many millions of dollars, to the enormous and undue - advantage of foreign capitalists, and of jobbers and gamblers - in stocks; thereby holding out inducement to foreigners to - interfere in our affairs, and to bring all the influences - of a moneyed power to operate upon public opinion, upon our - elections, and upon State and federal legislation, to produce a - consummation so tempting to their cupidity, and so profitable to - their interest. - - "3. That foreign interference and foreign influence, in all - ages, and in all countries, have been the bane and curse of free - governments; and that such interference and influence are far - more dangerous, in the insidious intervention of the moneyed - power, than in the forcible invasions of fleets and armies. - - "4. That to close the door at once against all applications - for such assumption, and to arrest at their source the vast - tide of evils which would flow from it, it is necessary that - the constituted authorities, without delay, shall RESOLVE and - DECLARE their utter opposition to the proposal contained in - the late London Bankers' Circular in relation to State debts, - contracted for local and State purposes, and recommending to - the Congress of the United States to assume, or guarantee, or - provide for the ultimate payment of said debts." - -In the course of the discussion of these resolutions an attempt was -made to amend them, and to reverse their import, by obtaining a -direct vote of the Senate in favor of distributing the public land -revenue among the States to aid them in the payment of these debts. -This proposition was submitted by Mr. Crittenden, of Kentucky; and -was in these words: "That it would be just and proper to distribute -the proceeds of the sales of the public lands among the several -States in fair and ratable proportions; and that the condition of -such of the States as have contracted debts is such, at the present -moment of pressure and difficulty, as to render such distribution -especially expedient and important." This proposition received a -considerable support, and was rejected upon yeas and nays--28 to -17. The yeas were Messrs. Betts of Connecticut, Clay of Kentucky, -Crittenden, Davis of Massachusetts, Dixon of Rhode Island, Knight -of Connecticut, Merrick of Maryland, Phelps of Vermont, Porter of -Michigan, Prentiss of Vermont, Ruggles of Maine, Smith of Indiana, -Southard of New Jersey, Spence of Maryland, Tallmadge, Webster, -White of Indiana. The nays were: Messrs. Allen of Ohio, Anderson -of Tennessee, Benton, Bedford Brown, Calhoun, Clay of Alabama, -Alfred Cuthbert, Grundy, Henderson of Mississippi, Hubbard, King of -Alabama, Linn of Missouri, Lumpkin of Georgia, Mouton, Nicholas of -Louisiana, Norvell of Michigan, Pierce, Preston, Roane, Robinson, -Sevier, Strange, Sturgeon, Tappan of Ohio, Wall of New Jersey, -Williams, Wright. As the mover of the resolutions Mr. Benton -supported them in a speech, of which some extracts are given in the -next chapter. - - - - -CHAPTER XLIV. - -ASSUMPTION OF THE STATE DEBTS: MR. BENTON'S SPEECH: EXTRACTS. - - -The assumption of the State debts contracted for State purposes has -been for a long time a measure disguisedly, and now is a measure -openly, pressed upon the public mind. The movement in favor of it -has been long going on; opposing measures have not yet commenced. -The assumption party have the start, and the advantage of conducting -the case; and they have been conducting it for a long time, and in -a way to avoid the name of assumption while accomplishing the thing -itself. All the bills for distributing the public land revenue--all -the propositions for dividing surplus revenue--all the refusals -to abolish unnecessary taxes--all the refusals to go on with the -necessary defences of the country--were so many steps taken in the -road to assumption. I know very well that many who supported these -measures had no idea of assumption, and would oppose it as soon -as discovered; but that does not alter the nature of the measures -they supported, and which were so many steps in the road to that -assumption, then shrouded in mystery and futurity, now ripened into -strength, and emboldened into a public disclosure of itself. Already -the State legislatures are occupied with this subject, while we sit -here, waiting its approach. - -It is time for the enemies of assumption to take the field, and to -act. It is a case in which they should give, and not receive, the -attack. The President has led the way; he has shown his opinions. -He has nobly done his duty. He has shown the evils of diverting -the general funds from their proper objects--the mischiefs of -our present connection with the paper system of England--and the -dangers of foreign influence from any further connection with it. -In this he has discharged a constitutional and a patriotic duty. -Let the constituted authorities, each in their sphere, follow his -example, and declare their opinions also. Let the Senate especially, -as part of the legislative power--as the peculiar representative -of the States in their sovereign capacity--let this body declare -its sentiments, and, by its resolves and discussions, arrest the -progress of the measure here, and awaken attention to it elsewhere. -As one of the earliest opposers of this measure--as, in fact, the -very earliest opposer of the whole family of measures of which it -is the natural offspring--as having denounced the assumption in -disguise in a letter to my constituents long before the London -Bankers' letter revealed it to the public: as such early, steadfast, -and first denouncer of this measure, I now come forward to oppose it -in form, and to submit the resolves which may arrest it here, and -carry its discussion to the forum of the people. - -I come at once to the point, and say that disguised assumption, -in the shape of land revenue distribution, is the form in which -we shall have to meet the danger; and I meet it at once in that -disguise. I say there is no authority in the constitution to raise -money from any branch of the revenue for distribution among the -States, or to distribute that which had been raised for other -purposes. The power of Congress to raise money is not unlimited -and arbitrary, but restricted, and directed to the national -objects named in the constitution. The means, the amount, and the -application, are all limited. The means are direct taxes--duties -on imports--and the public lands; the objects are the support of -the government--the common defence--and the payment of the debts -of the Union: the amount to be raised is of course limited to the -amount required for the accomplishment of these objects. Consonant -to the words and the spirit of the constitution, is the title, the -preamble and the tenor of all the early statutes for raising money; -they all declare the object for which the money is wanted; they -declare the object at the head of the act. Whether it be a loan, a -direct tax, or a duty on imports, the object of the loan, the tax, -or the duty, is stated in the preamble to the act; Congress thus -excusing and justifying themselves for the demand in the very act -of making it, and telling the people plainly what they wanted with -the money. This was the way in all the early statutes; the books are -full of examples; and it was only after money began to be levied -for objects not known to the constitution, that this laudable and -ancient practice was dropped. Among the enumerated objects for -which money can be raised by Congress, is that of paying the debts -of the Union; and is it not a manifest absurdity to suppose that, -while it requires an express grant of power to enable us to pay the -debts of the Union, we can pay those of the States by implication -and by indirection? No, sir, no. There is no constitutional way to -assume these State debts, or to pay them, or to indorse them, or to -smuggle the money to the States for that purpose, under the pretext -of dividing land revenue, or surplus revenue, among them. There is -no way to do it. The whole thing is constitutionally impossible. -It was never thought of by the framers of our constitution. They -never dreamed of such a thing. There is not a word in their work -to warrant it, and the whole idea of it is utterly repugnant and -offensive to the objects and purposes for which the federal Union -was framed. - -We have had one assumption in our country and that in a case -which was small in amount, and free from the impediment of a -constitutional objection; but which was attended by such evils as -should deter posterity from imitating the example. It was in the -first year of the federal government; and although the assumed -debts were only twenty millions, and were alleged to have been -contracted for general purposes, yet the assumption was attended -by circumstances of intrigue and corruption, which led to the most -violent dissension in Congress, suspended the business of the two -Houses, drove some of the States to the verge of secession, and -menaced the Union with instant dissolution. Mr. Jefferson, who -was a witness of the scene, and who was overpowered by General -Hamilton, and by the actual dangers of the country, into its -temporary support, thus describes it: - - "This game was over (funding the soldiers' certificates), and - another was on the carpet at the moment of my arrival; and to - this I was most ignorantly and innocently made to hold the - candle. This fiscal manoeuvre is well known by the name of - the assumption. Independently of the debts of Congress, the - States had, during the war, contracted separate and heavy debts, - &c. * * * * This money, whether wisely or foolishly spent, - was pretended to have been spent for _general_ purposes, and - ought therefore to be paid from the _general_ purse. But it was - objected, that nobody knew what these debts were, what their - amount, or what their proofs. No matter; we will guess them to - be twenty millions. But of these twenty millions, we do not - know how much should be reimbursed to one State or how much - to another. No matter; we will guess. And so another scramble - was set on foot among the several States, and some got much, - some little, some nothing. * * * * This measure produced the - most bitter and angry contests ever known in Congress, before - or since the union of the States. * * * * The great and trying - question, however, was lost in the House of Representatives. - So high were the feuds excited by this subject, that on its - rejection business was suspended. Congress met and adjourned, - from day to day, without doing any thing, the parties being - too much out of temper to do business together. The Eastern - members particularly, who, with Smith from South Carolina, - were the principal gamblers in these scenes, threatened a - secession and dissolution. * * * * But it was finally agreed - that whatever importance had been attached to the rejection of - this proposition, the preservation of the Union, and of concord - among the States, was more important; and that, therefore, it - would be better that the vote of rejection should be rescinded; - to effect which, some members should change their votes. But - it was observed that this pill would be peculiarly bitter to - the Southern States, and that some concomitant measure should - be adopted to sweeten it a little to them. There had before - been propositions to fix the seat of government either at - Philadelphia, or at Georgetown, on the Potomac; and it was - thought that, by giving it to Philadelphia for ten years, and to - Georgetown permanently afterwards, this might, as an anodyne, - calm in some degree the ferment which might be excited by the - other measure alone. So two of the Potomac members (White and - Lee, but White with a revulsion of stomach almost convulsive) - agreed to change their votes, and Hamilton undertook to carry - the other point; and so the assumption was passed, and twenty - millions of stock divided among the favored States, and thrown - in as a pabulum to the stock-jobbing herd. * * * Still the - machine was not complete; the effect of the funding system and - of the assumption would be temporary; it would be lost with the - loss of the individual members whom it had enriched; and some - engine of influence more permanent must be contrived while these - myrmidons were yet in place to carry it through. This engine was - the Bank of the United States." - -What a picture is here presented! Debts assumed in the mass, without -knowing what they were in the gross, or what in detail--Congress -in a state of disorganization, and all business suspended for -many days--secession and disunion openly menaced--compromise of -interests--intrigue--buying and selling of votes--conjunction of -parties to pass two measures together, neither of which could be -passed separately--speculators infesting the halls of legislation, -and openly struggling for their spoil--the funding system a second -time sanctioned and fastened upon the country--jobbers and gamblers -in stocks enriched--twenty millions of additional national debt -created--and the establishment of a national bank insured. Such -were the evils attending a small assumption of twenty millions -of dollars, and that in a case where there was no constitutional -impediment to be evaded or surmounted. For in that case the debts -assumed had been incurred for the general good--for the general -defence during the revolution: in this case they have been incurred -for the local benefit of particular States. Half the States have -incurred none; and are they to be taxed to pay the debts of the rest? - -These stocks are now greatly depreciated. Many of the present -holders bought them upon speculation, to take the chance of the -rise. A diversion of the national domain to their payment would -immediately raise them far above par--would be a present of fifty -or sixty cents on the dollar, and of fifty or sixty millions in -the gross--to the foreign holders, and, virtually, a present -of so much public land to them. It is in vain for the bill to -say that the proceeds of the lands are to be divided among the -States. The indebted States will deliver their portion to their -creditors; they will send it to Europe, they will be nothing but -the receivers-general and the sub-treasurers of the bankers and -stockjobbers of London, Paris, and of Amsterdam. The proceeds -of the sales of the lands will go to them. The hard money, wrung -from the hard hand of the western cultivator, will go to these -foreigners; and the whole influence of these foreigners will be -immediately directed to the enhancement of the price of our public -lands, and to the prevention of the passage of all the laws which -go to graduate their price, or to grant pre-emptive rights to the -settlers. - -What more unwise and more unjust than to contract debts on long -time, as some of the States have done, thereby invading the rights -and mortgaging the resources of posterity, and loading unborn -generations with debts not their own? What more unwise than all -this, which several of the States have done, and which the effort -now is to make all do? Besides the ultimate burden in the shape -of final payment, which is intended to fall upon posterity, the -present burden is incessant in the shape of annual interest, -and falling upon each generation, equals the principal in every -periodical return of ten or a dozen years. Few have calculated the -devouring effect of annual interest on public debts, and considered -how soon it exceeds the principal. Who supposes that we have paid -near three hundred millions of interest on our late national debt, -the principal of which never rose higher than one hundred and -twenty-seven millions, and remained but a year or two at that? Who -supposes this? Yet it is a fact that we have paid four hundred and -thirty-one millions for principal and interest of that debt; so that -near three hundred millions, or near double the maximum amount of -the debt itself, must have been paid in interest alone; and this at -a moderate interest varying from three to six per cent. and payable -at home. The British national debt owes its existence entirely -to this policy. It was but a trifle in the beginning of the last -century, and might have been easily paid during the reigns of the -first and second George; but the policy was to fund it, that is to -say, to pay the interest annually, and send down the principal to -posterity; and the fruit of that policy is now seen in a debt of -four thousand five hundred millions of dollars, two hundred and -fifty millions of annual taxes, with some millions of people without -bread; while an army, a navy, and a police, sufficient to fight all -Europe, is kept under pay, to hold in check and subordination the -oppressed and plundered ranks of their own population. And this is -the example which the transferrers of the State debt would have us -to imitate, and this the end to which they would bring us! - -I do not dilate upon the evils of a foreign influence. They are -written upon the historical page of every free government, from the -most ancient to the most modern: they are among those most deeply -dreaded, and most sedulously guarded against by the founders of the -American Union. The constitution itself contains a special canon -directed against them. To prevent the possibility of this foreign -influence, every species of foreign connection, dependence, or -employment, is constitutionally forbid to the whole list of our -public functionaries. The inhibition is express and fundamental, -that "_no person holding any office of profit or trust under the -United States shall, without the consent of Congress, accept of -any present, emolument, office, or title, of any kind whatever, -from any king, prince, or foreign State_." All this was to prevent -any foreign potentate from acquiring partisans or influence in our -government--to prevent our own citizens from being seduced into -the interests of foreign powers. Yet, to what purpose all these -constitutional provisions against petty sovereignties, if we are to -invite the moneyed power which is able to subsidize kings, princes, -and potentates--if we are to invite this new and master power into -the bosom of our councils, give it an interest in controlling public -opinion, in directing federal and State legislation, and in filling -our cities and seats of government with its insinuating agents, and -its munificent and lavish representatives? To what purpose all this -wise precaution against the possibility of influence from the most -inconsiderable German or Italian prince, if we are to invite the -combined bankers of England, France, and Holland, to take a position -in our legislative halls, and by a simple enactment of a few words, -to convert their hundreds of millions into a thousand millions, -and to take a lease of the labor and property of our citizens for -generations to come? The largest moneyed operation which we ever -had with any foreign power, was that of the purchase of Louisiana -from the Great Emperor. That was an affair of fifteen millions. It -was insignificant and contemptible, compared to the hundreds of -millions for which these bankers are now upon us. And are we, while -guarded by the constitution against influence from an emperor and -fifteen millions, to throw ourselves open to the machinations of -bankers, with their hundreds of millions? - - - - -CHAPTER XLV. - -DEATH OF GENERAL SAMUEL SMITH, OF MARYLAND; AND NOTICE OF HIS -LIFE AND CHARACTER. - - -He was eighteen years a senator, and nearly as long a member of the -House--near forty years in Congress: which speaks the estimation in -which his fellow-citizens held him. He was thoroughly a business -member, under all the aspects of that character: intelligent, well -informed, attentive, upright; a very effective speaker, without -pretending to oratory: well read: but all his reading subordinate to -common sense and practical views. At the age of more than seventy he -was still one of the most laborious members, both in the committee -room and the Senate: and punctual in his attendance in either place. -He had served in the army of the Revolution, and like most of the -men of that school, and of that date, had acquired the habit of -punctuality, for which Washington was so remarkable--that habit -which denotes a well-ordered mind, a subjection to a sense of duty, -and a considerate regard for others. He had been a large merchant -in Baltimore, and was particularly skilled in matters of finance -and commerce, and was always on committees charged with those -subjects--to which his clear head, and practical knowledge, lent -light and order in the midst of the most intricate statements. He -easily seized the practical points on these subjects, and presented -them clearly and intelligibly to the chamber. Patriotism, honor, -and integrity were his eminent characteristics; and utilitarian the -turn of his mind; and beneficial results the object of his labors. -He belonged to that order of members who, without classing with the -brilliant, are nevertheless the most useful and meritorious. He was -a working member; and worked diligently, judiciously, and honestly, -for the public good. In politics he was democratic, and greatly -relied upon by the Presidents Jefferson, Madison, and Monroe. He -was one of the last of the revolutionary stock that served in the -Senate--remaining there until 1833--above fifty years after that -Declaration of Independence which he had helped to make good, with -his sword. Almost octogenarian, he was fresh and vigorous to the -last, and among the most assiduous and deserving members. He had -acquired military reputation in the war of the Revolution, and was -called by his fellow-citizens to take command of the local troops -for the defence of Baltimore, when threatened by the British under -General Ross, in 1814--and commanded successfully--with the judgment -of age and the fire of youth. At his death, his fellow-citizens of -Baltimore erected a monument to his memory--well due to him as one -of her longest and most respected inhabitants, as having been one -of her eminent merchants, often her representative in Congress, -besides being senator; as having defended her both in the war of the -Revolution and in that of 1812; and as having made her welfare and -prosperity a special object of his care in all the situations of his -life, both public and private. - - - - -CHAPTER XLVI. - -SALT; THE UNIVERSALITY OF ITS SUPPLY; MYSTERY AND INDISPENSABILITY -OF ITS USE; TYRANNY AND IMPIETY OF ITS TAXATION; SPEECH OF MR. -BENTON: EXTRACTS. - - -It is probable that salt is the most abundant substance of our -globe--that it is more abundant than earth itself. Like other -necessaries of life--like air, and water, and food--it is -universally diffused, and inexhaustibly supplied. It is found in -all climates, and in a great variety of forms. The waters hold -it in solution; the earth contains it in solid masses. Every sea -contains it. It is found in all the boundless oceans which surround -and penetrate the earth, and through all their fathomless depths. -Many inland seas, lakes, ponds, and pools are impregnated with it. -Streams of saline water, in innumerable places, emerging from the -bowels of the earth, approach its surface, and either issue from it -in perennial springs, or are easily reached by wells. In the depths -of the earth itself it is found in solid masses of interminable -extent. Thus inexhaustibly abundant, and universally diffused, -the wisdom and goodness of Providence is further manifested in -the cheapness and facility of the preparation of this necessary -of life, for the use of man. In all the warm latitudes, and -especially between the tropics, nature herself performs the work. -The beams of the sun evaporate the sea water in all the low and -shallow reservoirs, where it is driven by the winds, or admitted -by the art of man; and this evaporation leaves behind a deposit -of pure salt, ready for use, and costing very little more than -the labor of gathering it up. In the interior, and in the colder -latitudes, artificial heat is substituted for the beams of the sun: -the simplest process of boiling is resorted to; and where fuel -is abundant, and especially coal, the preparation of this prime -necessary is still cheap and easy; and from six to ten cents the -real bushel may be considered as the ordinary cost of production. -Such is the bountiful and cheap supply of this article, which a -beneficent Providence has provided for us. The Supreme Ruler of -the Universe has done every thing to supply his creatures with it. -Man, the fleeting shadow of an instant, invested with his little -brief authority, has done much to deprive them of it. In all ages -of the world, and in all countries, salt has been a subject, at -different periods, of heavy taxation, and sometimes of individual -or of government monopoly; and precisely, because being an article -that no man could do without, the government was sure of its tax, -and the monopolizer of his price. Almost all nations, in some period -of their history, have suffered the separate or double infliction -of a tax, and a monopoly on its salt; and, at some period, all have -freed themselves, from one or both. At present, there remain but two -countries which suffer both evils, our America, and the British East -Indies. All others have got rid of the monopoly; many have got rid -of the tax. Among others, the very country from which we copied it, -and the one above all others least able to do without the product of -the tax. England, though loaded with debt, and taxed in every thing, -is now free from the salt tax. Since 1822, it has been totally -suppressed; and this necessary of life is now as free there as air -and water. She even has a statute to guard its price, and common -law to prevent its monopoly. - -This act was passed in 1807. The common law of England punishes all -monopolizers, forestallers, and regraters. The Parliament, in 1807, -took cognizance of a reported combination to raise the price of -salt, and examined the manufacturers on oath: and rebuked them. - -Mr. B. said that a salt tax was not only politically, but morally -wrong: it was a species of impiety. Salt stood alone amidst the -productions of nature, without a rival or substitute, and the -preserver and purifier of all things. Most nations had regarded -it as a mystic and sacred substance. Among the heathen nations of -antiquity, and with the Jews, it was used in the religious ceremony -of the sacrifices--the head of the victim being sprinkled with salt -and water before it was offered. Among the primitive Christians, -it was the subject of Divine allusions, and the symbol of purity, -of incorruptibility, and of perpetuity. The disciples of Christ -were called "the salt of the earth;" and no language, or metaphor, -could have been more expressive of their character and mission--pure -in themselves, and an antidote to moral, as salt was to material -corruption. Among the nations of the East salt always has been, and -still is, the symbol of friendship, and the pledge of inviolable -fidelity. He that has eaten another's salt, has contracted towards -his benefactor a sacred obligation; and cannot betray or injure him -thereafter, without drawing upon himself (according to his religious -belief) the certain effects of the Divine displeasure. While many -nations have religiously regarded this substance, all have abhorred -its taxation; and this sentiment, so universal, so profound, so -inextinguishable in the human heart, is not to be overlooked by the -legislator. - -Mr. B. concluded his speech with declaring implacable war against -this tax, with all its appurtenant abuses, of monopoly in one -quarter of the Union, and of undue advantages in another. He -denounced it as a tax upon the entire economy of NATURE and of -ART--a tax upon man and upon beast--upon life and upon health--upon -comfort and luxury--upon want and superfluity--upon food and -upon raiment--on washing, and on cleanliness. He called it a -heartless and tyrant tax, as inexorable as it was omnipotent and -omnipresent; a tax which no economy could avoid--no poverty could -shun--no privation escape--no cunning elude--no force resist--no -dexterity avert--no curses repulse--no prayers could deprecate. It -was a tax which invaded the entire dominion of human operations, -falling with its greatest weight upon the most helpless, and the -most meritorious; and depriving the nation of benefits infinitely -transcending in value, the amount of its own product. I devote -myself, said Mr. B., to the extirpation of this odious tax, and its -still more odious progeny--_the salt monopoly of the West_. I war -against them while they exist, and while I remain on this floor. -Twelve years have passed away--two years more than the siege of Troy -lasted--since I began this contest. Nothing disheartened by so many -defeats, in so long a time, I prosecute the war with unabated vigor; -and, relying upon the goodness of the cause, firmly calculate upon -ultimate and final success. - - - - -CHAPTER XLVII. - -PAIRING OFF. - - -At this time, and in the House of Representatives, was exhibited -for the first time, the spectacle of members "_pairing off_," as -the phrase was; that is to say, two members of opposite political -parties agreeing to absent themselves from the duties of the House, -without the consent of the House, and without deducting their per -diem pay during the time of such voluntary absence. Such agreements -were a clear breach of the rules of the House, a disregard of -the constitution, and a practice open to the grossest abuses. An -instance of the kind was avowed on the floor by one of the parties -to the agreement, by giving as a reason for not voting that he had -"_paired off_" with another member, whose affairs required him to -go home. It was a strange annunciation, and called for rebuke; and -there was a member present who had the spirit to administer it; and -from whom it came with the greatest propriety on account of his age -and dignity, and perfect attention to all his duties as a member, -both in his attendance in the House and in the committee rooms. -That member was Mr. John Quincy Adams, who immediately proposed -to the House the adoption of this resolution: "Resolved, that the -practice first openly avowed at the present session of Congress, -of pairing off, involves, on the part of the members resorting to -it, the violation of the constitution of the United States, of an -express rule of this House, and of the duties of both parties in -the transaction to their immediate constituents, to this House, and -to their country." This resolve was placed on the calendar to take -its turn, but not being reached during the session, was not voted -upon. That was the first instance of this reprehensible practice, -fifty years after the government had gone into operation; but since -then it has become common, and even inveterate, and is carried to -great length. Members pair off, and do as they please--either remain -in the city, refusing to attend to any duty, or go off together to -neighboring cities; or separate; one staying and one going; and the -one that remains sometimes standing up in his place, and telling -the Speaker of the House that he had paired off; and so refusing to -vote. There is no justification for such conduct, and it becomes -a facile way for shirking duty, and evading responsibility. If -a member is under a necessity to go away the rules of the House -require him to ask leave; and the journals of the early Congresses -are full of such applications. If he is compelled to go, it is his -misfortune, and should not be communicated to another. This writer -had never seen an instance of it in the Senate during his thirty -years of service there; but the practice has since penetrated that -body; and "pairing off" has become as common in that House as in the -other, in proportion to its numbers, and with an aggravation of the -evil, as the absence of a senator is a loss to his State of half its -weight. As a consequence, the two Houses are habitually found voting -with deficient numbers--often to the extent of a third--often with a -bare quorum. - -In the first age of the government no member absented himself from -the service of the House to which he belonged without first asking, -and obtaining its leave; or, if called off suddenly, a colleague was -engaged to state the circumstance to the House, and ask the leave. -In the journals of the two Houses, for the first thirty years of -the government, there is, in the index, a regular head for "absent -without leave;" and, turning to the indicated page, every such name -will be seen. That head in the index has disappeared in later -times. I recollect no instance of leave asked since the last of the -early members--the Macons, Randolphs, Rufus Kings, Samuel Smiths, -and John Taylors of Caroline--disappeared from the halls of Congress. - - - - -CHAPTER XLVIII. - -TAX ON BANK NOTES: MR. BENTON'S SPEECH: EXTRACTS: - - -Mr. Benton brought forward his promised motion for leave to bring -in a bill to tax the circulation of banks and bankers, and of all -corporations, companies or individuals which issued paper currency. -He said nothing was more reasonable than to require the moneyed -interest which was employed in banking, and especially in that -branch of banking which was dedicated to the profitable business -of converting lampblack and rags into money, to contribute to the -support of the government. It was a large interest, very able, -and very proper, to pay taxes, and which paid nothing on their -profitable issues--profitable to them--injurious to the country. It -was an interest which possessed many privileges over the rest of the -community by law; which usurped many others which the laws did not -grant; which, in fact, set the laws and the government at defiance -whenever it pleased; and which, in addition to all these privileges -and advantages, was entirely exempt from federal taxation. While -the producing and laboring classes were all taxed; while these -meritorious classes, with their small incomes, were taxed in their -comforts and necessaries--in their salt, iron, sugar, blankets, -hats, coats and shoes, and so many other articles--the banking -interest, which dealt in hundreds of millions, which manufactured -and monopolized money, which put up and put down prices, and held -the whole country subject to its power, and tributary to its wealth, -paid nothing. This was wrong in itself, and unjust to the rest of -the community. It was an error or mistake in government which he had -long intended to bring to the notice of the Senate and the country; -and he judged the present conjuncture to be a proper time for doing -it. Revenue is wanted. A general revision of the tariff is about to -take place. An adjustment of the taxes for a long period is about to -be made. This is the time to bring forward the banking interest to -bear their share of the public burdens, and the more so, as they are -now in the fact of proving themselves to be a great burden on the -public, and the public mind is beginning to consider whether there -is any way to make them amenable to law and government. - -In other countries, Mr. B. said, the banking interest was subject -to taxation. He knew of no country in which banking was tolerated, -except our own, in which it was not taxed. In Great Britain--that -country from which we borrow the banking system--the banking -interest pays its fair and full proportion of the public taxes: it -pays at present near four millions of dollars. It paid in 1836 the -sum of $3,725,400: in 1837 it paid $3,594,300. These were the last -years for which he had seen the details of the British taxation, -and the amounts he had stated comprehended the bank tax upon the -whole united kingdom: upon Scotland and Ireland, as well as upon -England and Wales. It was a handsome item in the budget of British -taxation, and was levied on two branches of the banking business: -on the circulation, and on bills of exchange. In the bill which he -intended to bring forward, the circulation alone was proposed to be -taxed; and, in that respect, the paper system would still remain -more favored here than it was in Great Britain. - -In our own country, Mr. B. said, the banking interest had formerly -been taxed, and that in all its branches; in its circulation, its -discounts, and its bills of exchange. This was during the late -war with Great Britain; and though the banking business was then -small compared to what it is now, yet the product of the tax was -considerable, and well worth the gathering: it was about $500,000 -per annum. At the end of the war this tax was abolished; while most -of the war taxes, laid at the same time, for the same purpose, and -for the same period, were continued in force; among them the tax -on salt, and other necessaries of life. By a perversion of every -principle of righteous taxation, the tax on banks was abolished, -and that on salt was continued. This has remained the case for -twenty-five years, and it is time to reverse the proceeding. It is -time to make the banks pay and to let salt go free. - -Mr. B. next stated the manner of levying the bank tax at present -in Great Britain, which he said was done with great facility and -simplicity. It was a levy of a fixed sum on the average circulation -of the year, which the bank was required to give in for taxation -like any other property, and the amount collected by a distress -warrant if not paid. This simple and obvious method of making the -levy, had been adopted in 1815, and had been followed ever since. -Before that time it was effected through the instrumentality of -a stamp duty; a stamp being required for each note, but with the -privilege of compounding for a gross sum. In 1815 the option of -compounding was dropped: a gross amount was fixed by law as the tax -upon every million of the circulation; and this change in the mode -of collection has operated so beneficially that, though temporary at -first, it has been made permanent. The amount fixed was at the rate -of L3,500 for every million. This was for the circulation only: a -separate, and much heavier tax was laid upon bills of exchange, to -be collected by a stamp duty, without the privilege of composition. - -Mr. B. here read, from a recent history of the Bank of England, a -brief account of the taxation of the circulation of that institution -for the last fifty years--from 1790 to the present time. It was at -that time that her circulation began to be taxed, because at that -time only did she begin to have a circulation which displaced the -specie of the country. She then began to issue notes under ten -pounds, having been first chartered with the privilege of issuing -none less than one hundred pounds. It was a century--from 1694 to -1790--before she got down to L5, and afterwards to L2, and to L1; -and from that time the specie basis was displaced, the currency -convulsed, and the banks suspending and breaking. The government -indemnified itself, in a small degree, for the mischiefs of the -pestiferous currency which it had authorized; and the extract which -he was about to read was the history of the taxation on the Bank -of England notes which, commencing at the small composition of -L12,000 per annum, now amounts to a large proportion of the near -four millions of dollars which the paper system pays annually to the -British Treasury. He read: - - "The Bank, till lately, has always been particularly favored - in the composition which they paid for stamp duties. In 1791, - they paid composition of L12,000 per annum, in lieu of all - stamps, either on bill or notes. In 1799, on an increase of - the stamp duty, their composition was advanced to L20,000; and - an addition of L4,000 for notes issued under L5, raised the - whole to L24,000. In 1804, an addition of not less than fifty - per cent. was made to the stamp duty; but, although the Bank - circulation of notes under L5 had increased from one and a half - to four and a half millions, the whole composition was only - raised from L24,000 to L32,000. In 1808, there was a further - increase of thirty-three per cent. to the stamp duty, at which - time the composition was raised from L32,000 to L42,000. In both - these instances, the increase was not in proportion even to the - increase of duty; and no allowance whatever was made for the - increase in the amount of the bank circulation. It was not till - the session of 1815, on a further increase of the stamp duty, - that the new principle was established, and the Bank compelled - to pay a composition in some proportion to the amount of their - circulation. The composition is now fixed as follows: Upon the - average circulation of the preceding year, the Bank is to pay at - the rate of L3,500 per million, on their aggregate circulation, - without reference to the different classes and value of their - notes. The establishment of this principle, it is calculated, - caused a saving to the public, in the years 1815 and 1816, of - L70,000. By the neglect of this principle, which ought to have - been adopted in 1799, Mr. Ricardo estimated the public to have - been _losers_, and the Bank consequently _gainers_, of no less a - sum than _half a million_." - -Mr. B. remarked briefly upon the equity of this tax, the simplicity -of its levy since 1815, and its large product. He deemed it the -proper model to be followed in the United States, unless we should -go on the principle of copying all that was evil, and rejecting all -that was good in the British paper system. We borrowed the banking -system from the English, with all its foreign vices, and then added -others of our own to it. England has suppressed the pestilence of -notes under L5 (near $25); we retain small notes down to a dollar, -and thence to the fractional parts of a dollar. She has taxed all -notes; and those under L5 she taxed highest while she had them; -we, on the contrary, tax none. The additional tax of L4,000 on the -notes under L5 rested on the fair principle of taxing highest that -which was most profitable to the owner, and most injurious to the -country. The small notes fell within that category, and therefore -paid highest. - -Having thus shown that bank circulation was now taxed in Great -Britain, and had been for fifty years, he proceeded to show that -it had also been taxed in the United States. This was in the year -1813. In the month of August of that year, a stamp-act was passed, -applicable to banks and to bankers, and taxing them in the three -great branches of their business, to wit: the circulation, the -discounts, and the bills of exchange. On the circulation, the tax -commenced at one cent on a one dollar note, and rose gradually to -fifty dollars on notes exceeding one thousand dollars; with the -privilege of compounding for a gross sum in lieu of the duty. On -the discounts, the tax began at five cents on notes discounted for -one hundred dollars, and rose gradually to five dollars on notes of -eight thousand dollars and upwards. On bills of exchange, it began -at five cents on bills of fifty dollars, and rose to five dollars on -those of eight thousand dollars and upwards. - -Such was the tax, continued Mr. B., which the moneyed interest, -employed in banking, was required to pay in 1813, and which it -continued to pay until 1817. In that year the banks were released -from taxation, while taxes were continued upon all the comforts -and necessaries of life. Taxes are now continued upon articles of -prime necessity--upon salt even--and the question will now go before -the Senate and country, whether the banking interest, which has -now grown so rich and powerful--which monopolizes the money of the -country--beards the government--makes distress or prosperity when -it pleases--the question is now come whether this interest shall -continue to be exempt from tax, while every thing else has to pay. - -Mr. B. said he did not know how the banking interest of the present -day would relish a proposition to make them contribute to the -support of the government. He did not know how they would take it; -but he did know how a banker of the old school--one who paid on -sight, according to his promise, and never broke a promise to the -holder of his notes--he did know how _such_ a banker viewed the act -of 1813; and he would exhibit his behavior to the Senate; he spoke -of the late Stephen Girard of Philadelphia; and he would let him -speak for himself by reading some passages from a petition which he -presented to Congress the year after the tax on bank notes was laid. - -Mr. B. read: - - "That your memorialist has established a bank in the city - of Philadelphia, upon the foundation of his own individual - fortune and credit, and for his own exclusive emolument, and - that he is willing most cheerfully to contribute, in common - with his fellow-citizens throughout the United States, a full - proportion of the taxes which have been imposed for the support - of the national government, according to the profits of his - occupation and the value of his estate; but a construction has - been given to the acts of Congress laying duties on notes of - banks, &c., from which great difficulties have occurred, and - great inequalities daily produced to the disadvantage of his - bank, that were not, it is confidently believed, within the - contemplation of the legislature. And your memorialist having - submitted these considerations to the wisdom of Congress, - respectfully prays, that the act of Congress may be so amended - as to permit the Secretary of the Treasury to enter into a - composition for the stamp duty, in the case of private bankers, - as well as in the case of corporations and companies, or so - as to render the duty equal in its operations upon every - denomination of bankers." - -Mr. B. had read these passages from Mr. Girard's petition to -Congress in 1814, _first_, for the purpose of showing the readiness -with which a banker of the old school paid the taxes which the -government imposed upon his business; and, next, to show the very -considerable amount of that tax, which on the circulation alone -amounted to ten thousand dollars on the million. All this, with -the additional tax on the discounts, and on the bills of exchange, -Mr. Girard was entirely willing to pay, provided all paid alike. -All he asked was equality of taxation, and that he might have the -benefit of the same composition which was allowed to incorporated -banks. This was a reasonable request, and was immediately granted by -Congress. - -Mr. B. said revenue was one object of his bill: the regulation of -the currency by the suppression of small notes and the consequent -protection of the constitutional currency, was another: and for that -purpose the tax was proposed to be heaviest on notes under twenty -dollars, and to be augmented annually until it accomplished its -object. - - - - -CHAPTER XLIX. - -LIBERATION OF SLAVES BELONGING TO AMERICAN CITIZENS IN BRITISH - COLONIAL PORTS. - - -Up to this time, and within a period of ten years, three instances -of this kind had occurred. First, that of the schooner Comet. This -vessel sailed from the District of Columbia in the year 1830, -destined for New Orleans, having, among other things, a number of -slaves on board. Her papers were regular, and the voyage in all -respects lawful. She was stranded on one of the false keys of the -Bahama Islands, opposite to the coast of Florida, and almost in -sight of our own shores. The persons on board, including the slaves, -were taken by the wreckers, against the remonstrance of the captain -and the owners of the slaves, into Nassau, New Providence--one -of the Bahama Islands; where the slaves were forcibly seized and -detained by the local authorities. The second was the case of the -Encomium. She sailed from Charleston in 1834, destined to New -Orleans, on a voyage lawful and regular, and was stranded near the -same place, and with the same fate with the Comet. She was carried -into Nassau, where the slaves were also seized and detained by the -local authorities. The slaves belonged to the Messrs. Waddell of -North Carolina, among the most respectable inhabitants of the State, -and on their way to Louisiana with a view to a permanent settlement -in that State. The third case was that of the Enterprize, sailing -from the District of Columbia in 1835, destined for Charleston, -South Carolina, on a lawful voyage, and with regular papers. She -was forced unavoidably, by stress of weather, into Port Hamilton, -Bermuda Island, where the slaves on board were forcibly seized -and detained by the local authorities. The owners of the slaves, -protesting in vain, at the time, and in every instance, against -this seizure of their property, afterwards applied to their own -government for redress; and after years of negotiation with Great -Britain, redress was obtained in the two first cases--the full -value of the slaves being delivered to the United States, to be -paid to the owners. This was accomplished during Mr. Van Buren's -administration, the negotiation having commenced under that of -President Jackson. Compensation in the case of the Enterprize had -been refused; and the reason given for the distinction in the cases, -was, that the two first happened during the time that slavery -existed in the British West India colonies--the latter after its -abolition there. All these were coasting voyages between one port -of the United States and another, and involved practical questions -of great interest to all the slave States. Mr. Calhoun brought the -question before the Senate in a set of resolutions which he drew up -for the occasion; and which were in these words: - - "_Resolved_, That a ship or a vessel on the high seas, in time - of peace, engaged in a lawful voyage, is, according to the laws - of nations, under the exclusive jurisdiction of the State to - which her flag belongs; as much so as if constituting a part of - its own domain. - - "_Resolved_, That if such ship or vessel should be forced by - stress of weather, or other unavoidable cause, into the port - of a friendly power, she would, under the same laws, lose none - of the rights appertaining to her on the high seas; but, on - the contrary, she and her cargo and persons on board, with - their property, and all the rights belonging to their personal - relations, as established by the laws of the State to which they - belong, would be placed under the protection which the laws of - nations extend to the unfortunate under such circumstances. - - "_Resolved_, That the brig Enterprize, which was forced - unavoidably by stress of weather into Port Hamilton, Bermuda - Island, while on a lawful voyage on the high seas from one port - of the Union to another, comes within the principles embraced in - the foregoing resolutions; and that the seizure and detention of - the negroes on board by the local authority of the island, was - an act in violation of the laws of nations, and highly unjust to - our own citizens to whom they belong." - -It was in this latter case that Mr. Calhoun wished to obtain the -judgment of the Senate, and the point he had to argue was, whether -a municipal regulation of Great Britain could alter the law of -nations? Under that law she made indemnity for the slaves liberated -in the two first cases: under her own municipal law she denied it -in the latter case. The distinction taken by the British minister -was, that in the first cases, slavery existing in this British -colony and recognized by law, the persons coming in with their -slaves had a property in them which had been divested: in the latter -case that slavery being no longer recognized in this colony, there -was no property in them after their arrival; and consequently no -rights divested. Mr. Calhoun admitted that would be the case if the -entrance had been voluntary; but denied it where the entrance was -forced; as in this case. His argument was: - - "I object not to the rule. If our citizens had no right to - their slaves, at any time after they entered the British - territory--that is, if the mere fact of entering extinguished - all right to them (for that is the amount of the rule)--they - could, of course, have no claim on the British government, - for the plain reason that the local authority, in seizing and - detaining the negroes, seized and detained what, by supposition, - did not belong to them. That is clear enough; but let us see - the application: it is given in a few words. He says: 'Now the - owners of the slaves on board the Enterprize never were lawfully - in possession of those slaves within the British territory;' - assigning for reason, 'that before the Enterprize arrived at - Bermuda, slavery had been abolished in the British empire'--an - assertion which I shall show, in a subsequent part of my - remarks, to be erroneous. From that, and that alone, he comes to - the conclusion, 'that the negroes on board the Enterprize had, - by entering within the British jurisdiction, acquired rights - which the local courts were bound to protect.' Such certainly - would have been the case if they had been brought in, or entered - voluntarily. He who enters voluntarily the territory of another - State, tacitly submits himself, with all his rights, to its - laws, and is as much bound to submit to them as its citizens or - subjects. No one denies that; but that is not the present case. - They entered not voluntarily, but from necessity; and the very - point at issue is, whether the British municipal laws could - divest their owners of property in their slaves on entering - British territory, in cases such as the Enterprize, when the - vessel has been forced into their territory by necessity, - through an act of Providence, to save the lives of those on - board. We deny they can, and maintain the opposite ground:--that - the law of nations in such cases interposes and protects the - vessel and those on board, with their rights, against the - municipal laws of the State, to which they have never submitted, - and to which it would be cruel and inhuman, as well as unjust, - to subject them. Such is clearly the point at issue between the - two governments; and it is not less clear, that it is the very - point assumed by the British negotiator in the controversy." - -This is fair reasoning upon the law of the case, and certainly left -the law of nations in full force in favor of the American owners. -The equity of the case was also fully stated and the injury shown to -be of a practical kind, which self-protection required the United -States to prevent for the future. In this sense, Mr. Calhoun argued: - - "To us this is not a mere abstract question, nor one simply - relating to the free use of the high seas. It comes nearer home. - It is one of free and safe passage from one port to another of - our Union; as much so to us, as a question touching the free - and safe use of the channels between England and Ireland on the - one side, and the opposite coast of the continent on the other, - would be to Great Britain. To understand its deep importance - to us, it must be borne in mind, that the island of Bermuda - lies but a short distance off our coast, and that the channel - between the Bahama islands and Florida is not less than two - hundred miles in length, and on an average not more than fifty - wide; and that through this long, narrow and difficult channel, - the immense trade between our ports on the Gulf of Mexico and - the Atlantic coast must pass, which, at no distant period, - will constitute more than half of the trade of the Union. The - principle set up by the British government, if carried out to - its full extent, would do much to close this all-important - channel, by rendering it too hazardous for use. She has only to - give an indefinite extension to the principle applied to the - case of the Enterprize, and the work would be done; and why - has she not as good a right to apply it to a cargo of sugar or - cotton, as to the slaves who produced it." - -The resolutions were referred to the committee on foreign relations, -which reported them back with some slight alteration, not affecting -or impairing their force; and in that form they were unanimously -adopted by the Senate. Although there was no opposition to them, the -importance of the occasion justified a record of the vote: and they -were accordingly taken by yeas and nays--or rather, by yeas: for -there were no nays. This was one of the occasions on which the mind -loves to dwell, when, on a question purely sectional and Southern, -and wholly in the interest of slave property, there was no division -of sentiment in the American Senate. - - - - -CHAPTER L. - -RESIGNATION OF SENATOR HUGH LAWSON WHITE OF TENNESSEE: HIS -DEATH: SOME NOTICE OF HIS LIFE AND CHARACTER. - - -This resignation took place under circumstances, not frequent, but -sometimes occurring in the Senate--that of receiving instructions -from the General Assembly of his State, which either operate as a -censure upon a senator, or require him to do something which either -his conscience, or his honor forbids. Mr. White at this time--the -session of 1839-'40--received instructions from the General Assembly -of his State which affected him in both ways--condemning past -conduct, and prescribing a future course which he could not follow. -He had been democratic from his youth--came into the Senate--had -grown aged--as such: but of late years had voted generally with -the whigs on their leading measures, and classed politically with -them in opposition to Mr. Van Buren. In these circumstances he -received instructions to reverse his course of voting on these -leading measures--naming them; and requiring him to support the -administration of Mr. Van Buren. He consulted his self-respect, as -well as obeyed a democratic principle; and sent in his resignation. -It was the conclusion of a public life which disappointed its whole -previous course. From his youth he had been a popular man, and that -as the fair reward of conduct, without practising an art to obtain -it, or even seeming to know that he was winning it. Bred a lawyer, -and coming early to the bar, he was noted for a probity, modesty and -gravity--with a learning, ability, assiduity and patience--which -marked him for the judicial bench: and he was soon placed upon -it--that of the Superior Court. Afterwards, when the judiciary of -the State was remodelled, he was placed on the bench of the Supreme -Court. It was considered a favor to the public to get him to take -the place. That is well known to the writer of this View, then a -member of the General Assembly of Tennessee, and the author of the -new modelled judiciary. He applied to Judge White, who had at that -time returned to the bar to know if he would take the place; and -considered the new system accredited with the public on receiving -his answer that he would. That was all that he had to do with -getting the appointment: he was elected unanimously by the General -Assembly, with whom the appointment rested. That is about the way -in which he received all his appointments, either from his State, -or from the federal government--merely agreeing to take the office -if it was offered to him; but not always agreeing to accept: often -refusing--as in the case of a cabinet appointment offered him by -President Jackson, his political and personal friend of forty years' -standing. It was long before he would enter a political career, but -finally consented to become senator in the Congress of the United -States: always discharging the duties of an office, when accepted, -with the assiduity of a man who felt himself to be a machine in the -hands of his duty; and with an integrity of purpose which left his -name without spot or stain. It is beautiful to contemplate such -a career; sad to see it set under a cloud in his advanced years. -He became alienated from his old friends, both personally and -politically--even from General Jackson; and eventually fell under -the censure of his State, as above related--that State which, for -more than forty years, had considered it a favor to itself that -he should accept the highest offices in her gift. He resigned in -January, and died in May--his death accelerated by the chagrin of -his spirit; for he was a man of strong feelings, though of such -measured and quiet deportment. His death was announced in the -Senate by the senator who was his colleague at the time of his -resignation--Mr. Alexander Anderson; and the motion for the usual -honors to his memory was seconded by Senator Preston, who pronounced -on the occasion a eulogium on the deceased as just as it was -beautiful. - - "I do not know, Mr. President, whether I am entitled to the - honor I am about to assume in seconding the resolutions which - have just been offered by the senator from Tennessee, in - honor of his late distinguished colleague; and yet, sir, I - am not aware that any one present is more entitled to this - melancholy honor, if it belongs to long acquaintance, to sincere - admiration, and to intimate intercourse. If these circumstances - do not entitle me to speak, I am sure every senator will feel, - in the emotions which swell his own bosom, an apology for my - desire to relieve my own, by bearing testimony to the virtues - and talents, the long services and great usefulness, of Judge - White. - - "My infancy and youth were spent in a region contiguous to - the sphere of his earlier fame and usefulness. As long as I - can remember any thing, I remember the deep confidence he had - inspired as a wise and upright judge, in which station no man - ever enjoyed a purer reputation, or established a more implicit - reliance in his abilities and honesty. There was an antique - sternness and justness in his character. By a general consent - he was called Cato. Subsequently, at a period of our public - affairs very analogous to the present, he occupied a position - which placed him at the head of the financial institutions of - East Tennessee. He sustained them by his individual character. - The name of Hugh L. White was a guarantee that never failed to - attract confidence. Institutions were sustained by the credit - of an individual, and the only wealth of that individual was - his character. From this more limited sphere of usefulness and - reputation, he was first brought to this more conspicuous stage - as a member of an important commission on the Spanish treaty, - in which he was associated with Mr. Tazewell and Mr. King. His - learning, his ability, his firmness, and industry, immediately - extended the sphere of his reputation to the boundaries of - the country. Upon the completion of that duty, he came into - this Senate. Of his career here, I need not speak. His grave - and venerable form is even now before us--that air of patient - attention, of grave deliberation, of unrelaxed firmness. Here - his position was of the highest--beloved, respected, honored; - always in his place--always prepared for the business in - hand--always bringing to it the treasured reflections of a - sedate and vigorous understanding. Over one department of our - deliberations he exercised a very peculiar control. In the - management of our complex and difficult relations with the - Indians we all deferred to him, and to this he addressed himself - with unsparing labor, and with a wisdom, a patient benevolence, - that justified and vindicated the confidence of the Senate. - - "In private life he was amiable and ardent. The current of his - feelings was warm and strong. His long familiarity with public - affairs had not damped the natural ardor of his temperament. - We all remember the deep feeling with which he so recently - took leave of this body, and how profoundly that feeling was - reciprocated. The good will, the love, the respect which we - bestowed upon him then, now give depth and energy to the - mournful feelings with which we offer a solemn tribute to his - memory." - -And here this notice would stop if it was the design of this work -merely to write on the outside of history--merely to chronicle -events; but that is not the design. Inside views are the main -design: and this notice of Senator White's life and character would -be very imperfect, and vitally deficient, if it did not tell how -it happened that a man so favored by his State during a long life -should have lost that favor in his last days--received censure from -those who had always given praise--and gone to his grave under a -cloud after having lived in sunshine. The reason is briefly told. -In his advanced age he did the act which, with all old men, is an -experiment; and, with most of them, an unlucky one. He married -again: and this new wife having made an immense stride from the -head of a boarding-house table to the head of a senator's table, -could see no reason why she should not take one step more, and that -comparatively short, and arrive at the head of the presidential -table. This was before the presidential election of 1836. Mr. Van -Buren was the generally accepted democratic candidate: he was -foremost of all the candidates: and the man who is ahead of all the -rest, on such occasions, is pretty sure to have a combination of all -the rest against him. Mr. Van Buren was no exception to this rule. -The whole whig party wished to defeat him: that was a fair wish. -Mr. Calhoun's party wished to defeat him: that was invidious: for -they could not elect Mr. Calhoun by it. Many professing democrats -wished to defeat him, though for the benefit of a whig: and that -was a movement towards the whig camp--where most of them eventually -arrived. All these parties combined, and worked in concert; and -their line of operations was through the vanity of the victim's -wife. They excited her vain hopes. And this modest, unambitious man, -who had spent all his life in resisting office pressed upon him by -his real friends, lost his power of resistance in his old age, and -became a victim to the combination against him--which all saw, and -deplored, except himself. As soon as he was committed, and beyond -extrication, one of the co-operators against him, a whig member of -Congress from Kentucky--a witty, sagacious man of good tact--in -the exultation of his feelings wrote the news to a friend in his -district, who, in a still higher state of exultation, sent it to the -newspapers--thus: "_Judge White is on the track, running gayly, and -won't come off; and if he would, his wife won't let him._" This was -the whole story, briefly and cheerily told--and truly. He ran the -race! without prejudice to Mr. Van Buren--without benefit to the -whig candidates--without support from some who had incited him to -the trial: and with great political and social damage to himself. - -Long an inhabitant of the same State with Judge White--indebted to -him for my law license--moving in the same social and political -circle--accustomed to respect and admire him--sincerely friendly -to him, and anxious for his peace and honor, I saw with pain the -progress of the movement against him, and witnessed with profound -grief its calamitous consummation. - - - - -CHAPTER LI. - -DEATH OF EX-SENATOR HAYNE OF SOUTH CAROLINA: NOTICE OF HIS LIFE -AND CHARACTER. - - -Nature had lavished upon him all the gifts which lead to eminence -in public, and to happiness, in private life. Beginning with the -person and manners--minor advantages, but never to be overlooked -when possessed--he was entirely fortunate in these accessorial -advantages. His person was of the middle size, slightly above it -in height, well proportioned, flexible and graceful. His face was -fine--the features manly, well formed, expressive, and bordering -on the handsome: a countenance ordinarily thoughtful and serious, -but readily lighting up, when accosted, with an expression of -kindness, intelligence, cheerfulness, and an inviting amiability. -His face was then the reflex of his head and his heart, and ready -for the artist who could seize the moment to paint to the life. His -manners were easy, cordial, unaffected, affable; and his address so -winning, that the fascinated stranger was taken captive at the first -salutation. These personal qualities were backed by those of the -mind--all solid, brilliant, practical, and utilitarian: and always -employed on useful objects, pursued from high motives, and by fair -and open means. His judgment was good, and he exercised it in the -serious consideration of whatever business he was engaged upon, with -an honest desire to do what was right, and a laudable ambition to -achieve an honorable fame. He had a copious and ready elocution, -flowing at will in a strong and steady current, and rich in the -material which constitutes argument. His talents were various, and -shone in different walks of life, not often united: eminent as a -lawyer, distinguished as a senator: a writer as well as a speaker: -and good at the council table. All these advantages were enforced -by exemplary morals; and improved by habits of study, moderation, -temperance, self-control, and addiction to business. There was -nothing holiday, or empty about him--no lying in to be delivered of -a speech of phrases. Practical was the turn of his mind: industry -an attribute of his nature: labor an inherent impulsion, and a -habit: and during his ten years of senatorial service his name was -incessantly connected with the business of the Senate. He was ready -for all work--speaking, writing, consulting--in the committee-room -as well as in the chamber--drawing bills and reports in private, -as well as shining in the public debate, and ready for the social -intercourse of the evening when the labors of the day were over. -A desire to do service to the country, and to earn just fame for -himself, by working at useful objects, brought all these high -qualities into constant, active, and brilliant requisition. To do -good, by fair means, was the labor of his senatorial life; and I can -truly say that, in ten years of close association with him I never -saw him actuated by a sinister motive, a selfish calculation, or an -unbecoming aspiration. - -Thus, having within himself so many qualities and requisites for -insuring advancement in life, he also had extrinsic advantages, -auxiliary to talent, and which contribute to success in a public -career. He was well descended, and bore a name dear to the -South--the synonym of honor, courage, and patriotism--memorable for -that untimely and cruel death of one of its revolutionary wearers, -which filled the country with pity for his fate, and horror for -his British executioners. The name of Hayne, pronounced any where -in the South, and especially in South Carolina, roused a feeling -of love and respect, and stood for a passport to honor, until -deeds should win distinction. Powerfully and extensively connected -by blood and marriage, he had the generous support which family -pride and policy extends to a promising scion of the connection. -He had fortune, which gave him the advantage of education, and of -social position, and left free to cultivate his talents, and to -devote them to the public service. Resident in Charleston, still -maintaining its colonial reputation for refined society, and high -and various talent, he had every advantage of enlightened and -elegant association. Twice happily married in congenial families -(Pinckney and Alston), his domestic felicity was kept complete, his -connections extended, and fortune augmented. To crown all, and to -give effect to every gift with which nature and fortune had endowed -him, he had that further advantage, which the Grecian Plutarch never -fails to enumerate when the case permits it, and which he considered -so auxiliary to the advancement of some of the eminent men whose -lives he commemorated--the advantage of being born in a State where -native talent was cherished, and where the community made it a -policy to advance and sustain a promising young man, as the property -of the State, and for the good of the State. Such was, and is, South -Carolina; and the young Hayne had the full benefit of the generous -sentiment. As fast as years permitted, he was advanced in the State -government: as soon as age and the federal constitution permitted, -he came direct to the Senate, without passing through the House of -Representatives; and to such a Senate as the body then was--Rufus -King, John Taylor of Caroline, Mr. Macon, John Gaillard, Edward -Lloyd of Maryland, James Lloyd of Massachusetts, James Barbour of -Virginia, General Jackson, Louis McLane of Delaware, Wm. Pinkney of -Maryland, Littleton Waller Tazewell, Webster, Nathan Sandford, of -New York, M. Van Buren, King of Alabama, Samuel Smith of Maryland, -James Brown, and Henry Johnson of Louisiana; and many others, less -known to fame, but honorable to the Senate from personal decorum, -business talent, and dignity of character. Hayne arrived among -them; and was considered by such men, and among such men, as an -accession to the talent and character of the chamber. I know the -estimate they put upon him, the consideration they had for him, -and the future they pictured for him: for they were men to look -around, and consider who were to carry on the government after they -were gone. But the proceedings of the Senate soon gave the highest -evidence of the degree of consideration in which he was held. In -the very second year of his service, he was appointed to a high -duty--such as would belong to age and long service, as well as to -talent and elevated character. He was made chairman of the select -committee--and select it was--which brought in the bill for the -grants ($200,000 in money, and 24,000 acres of land), to Lafayette; -and as such became the organ of the expositions, as delicate as -they were responsible, which reconciled such grants to the words -and spirit of our constitution, and adjusted them to the merit and -modesty of the receiver: a high function, and which he fulfilled to -the satisfaction of the chamber, and the country. - -Six years afterwards he had the great debate with Mr. Webster--a -contest of many days, sustained to the last without losing its -interest--(which bespoke fertility of resource, as well as ability -in both speakers), and in which his adversary had the advantage of -a more ripened intellect, an established national reputation, ample -preparation, the choice of attack, and the goodness of the cause. -Mr. Webster came into that field upon choice and deliberation, -well feeling the grandeur of the occasion; and profoundly studying -his part. He had observed during the summer, the signs in South -Carolina, and marked the proceedings of some public meetings -unfriendly to the Union; and which he ran back to the incubation -of Mr. Calhoun. He became the champion of the constitution and the -Union, choosing his time and occasion, hanging his speech upon a -disputed motion with which it had nothing to do, and which was -immediately lost sight of in the blaze and expansion of a great -national discussion: himself armed and equipped for the contest, -glittering in the panoply of every species of parliamentary and -forensic weapon--solid argument, playful wit, biting sarcasm, -classic allusion; and striking at a new doctrine of South Carolina -origin, in which Hayne was not implicated: but his friends were--and -that made him their defender. The speech was _at_ Mr. Calhoun, -then presiding in the Senate, and without right to reply. Hayne -became his sword and buckler, and had much use for the latter to -cover his friend--hit by incessant blows--cut by many thrusts: but -he understood too well the science of defence in wordy as well -as military digladiation to confine himself to fending off. He -returned, as well as received blows; but all conducted courteously; -and stings when inflicted gently extracted on either side by -delicate compliments. Each morning he returned re-invigorated to -the contest, like Antaeus refreshed, not from a fabulous contact with -mother earth, but from a real communion with Mr. Calhoun! the actual -subject of Mr. Webster's attack: and from the well-stored arsenal of -his powerful and subtle mind, he nightly drew auxiliary supplies. -Friends relieved the combatants occasionally; but it was only to -relieve; and the two principal figures remained prominent to the -last. To speak of the issue would be superfluous; but there was much -in the arduous struggle to console the younger senator. To cope with -Webster, was a distinction: not to be crushed by him, was almost -a victory: to rival him in copious and graceful elocution, was to -establish an equality at a point which strikes the masses: and Hayne -often had the crowded galleries with him. But, equal argument! that -was impossible. The cause forbid it, far more than disparity of -force; and reversed positions would have reversed the issue. - -I have said elsewhere (Vol. I. of this work), that I deem Mr. -Hayne to have been entirely sincere in professing nullification -at that time only in the sense of the Virginia resolutions of -'98-'99, as expounded by their authors: three years afterwards he -left his place in the Senate to become Governor of South Carolina, -to enforce the nullification ordinance which the General Assembly -of the State had passed, and against which President Jackson put -forth his impressive proclamation. Up to this point, in writing -this notice, the pen had run on with pride and pleasure--pride in -portraying a shining American character: pleasure in recalling -recollections of an eminent man, whom I esteemed--who did me the -honor to call me friend; and with whom I was intimate. Of all -the senators he seemed nearest to me--both young in the Senate, -entering it nearly together; born in adjoining States; not wide -apart in age; a similarity of political principle: and, I may add, -some conformity of tastes and habits. Of all the young generation -of statesmen coming on, I considered him the safest--the most -like William Lowndes; and best entitled to a future eminent lead. -He was democratic, not in the modern sense of the term, as never -bolting a caucus nomination, and never thinking differently from -the actual administration; but on principle, as founded in a -strict, in contradistinction to a latitudinarian construction of -the constitution; and as cherishing simplicity and economy in the -administration of the federal government, in contradistinction to -splendor and extravagance. - -With his retiring from the Senate, Mr. Hayne's national history -ceases. He does not appear afterwards upon the theatre of national -affairs: but his practical utilitarian mind, and ardent industry, -found ample and beneficent employment in some noble works of -internal improvement. The railroad system of South Carolina, with -its extended ramifications, must admit him for its founder, from the -zeal he carried into it, and the impulsion he gave it. He died in -the meridian of his life, and in the midst of his usefulness, and in -the field of his labors--in western North Carolina, on the advancing -line of the great iron railway, which is to connect the greatest -part of the South Atlantic with the noblest part of the Valley of -the Mississippi. - -The nullification ordinance, which he became Governor of South -Carolina to enforce, was wholly directed against the tariff system -of the time--not merely against a protective tariff, but against -its fruits--undue levy of revenue, extravagant expenditure; and -expenditure in one quarter of the Union of what was levied upon the -other. The levy and expenditure were then some twenty-five millions -of dollars: they are now seventy-five millions: and the South, while -deeply agitated for the safety of slave property--(now as safe, and -more valuable than ever, as proved by the witness which makes no -mistakes, _the market price_)--is quiet upon the evil which produced -the nullification ordinance of 1832: quiet under it, although that -evil is three times greater now than then: and without excuse, as -the present vast expenditure is the mere effect of mad extravagance. -Is this quietude a condemnation of that ordinance? or, is it of the -nature of an imaginary danger which inflames the passions, that it -should supersede the real evil which affects the pocket? If the -Hayne of 1824, and 1832, was now alive, I think his practical and -utilitarian mind would be seeking a proper remedy for the real -grievance, now so much greater than ever; and that he would leave -the fires of an imaginary danger to die out of themselves, for want -of fuel. - - - - -CHAPTER LII. - -ABOLITION OF SPECIFIC DUTIES BY THE COMPROMISE ACT OF 1833: ITS -ERROR, AND LOSS TO THE REVENUE, SHOWN BY EXPERIENCE. - - -The introduction of the universal _ad valorem_ system in 1833 was -opposed and deprecated by practical men at the time, as one of those -refined subtleties which, aiming at an ideal perfection, overlooks -the experience of ages, and disregards the warnings of reason. -Specific duties had been the rule--ad valorems the exception--from -the beginning of the collection of custom-house revenue. The -specific duty was a question in the exact sciences, depending upon a -mathematical solution by weight, count, or measure: the ad valorem -presented a question to the fallible judgment of men, sure to be -different at different places; and subject, in addition to the -fallibility of judgment, to the chances of ignorance, indifference, -negligence and corruption. All this was urged against the act at -the time, but in vain. It was a piece of legislation arranged -out of doors--christened a compromise, which was to save the -Union--brought into the House to be passed without alteration: and -was so passed, in defiance of all judgment and reason by the aid -of the votes of those--always a considerable per centum in every -public body--to whom the name of compromise is an irresistible -attraction: amiable men, who would do no wrong of themselves, and -without whom the designing could do but little wrong. Objections -to this pernicious novelty (of universal ad valorems), were in -vain urged then: experience, with her enlightened voice, now came -forward to plead against them. The act had been in force seven -years: it had had a long, and a fair trial: and that safest of all -juries--Time and Experience--now came forward to deliver their -verdict. At this session ('39-'40) a message was sent to the House -of Representatives by the President, covering reports from the -Secretary of the Treasury, and from the Comptroller of the Treasury, -with opinions from the late Attorneys-general of the United States -(Messrs. Benjamin F. Butler and Felix Grundy), and letters from -the collectors of the customs in all the principal Atlantic -ports, all relating to the practical operation of the ad valorem -system, and showing it to be unequal, uncertain, unsafe--diverse -in its construction--injurious to the revenue--open to unfair -practices--and greatly expensive from the number of persons required -to execute it. The whole document may be profitably studied by all -who deprecate unwise and pernicious legislation; but a selection of -a few of the cases of injurious operation which it presents will be -sufficient to give an idea of the whole. Three classes of goods are -selected--silks, linens, and worsted: all staple articles, and so -well known as to be the least susceptible of diversity of judgment; -and yet on which, in the period of four years, a fraction over five -millions of dollars had been lost to the Treasury from diversity of -construction between the Treasury officers and the judiciary--with -the further prospective loss of one million and three-quarters in -the ensuing three years if the act was not amended. The document, -at page 44, states the annual ascertained loss during four years' -operation of the act on these classes of goods, to be: - - "In 1835 - $624,356 In 1837 - 463,090 - 1836 - 847,162 1838 - 428,237 - - "Making in the four years $2,362,845; and the comptroller - computes the annual prospective loss during the time the act - may remain unaltered, at $800,000. So much for silks; now for - linens. The same page, for the same four years, represents the - annual loss on this article to be: - - In 1835 - $370,785 In 1837 - 303,241 - 1836 - 516,988 1838 - 226,375 - - "Making the sum of $1,411,389 on this article for the four - years; to which is to be added the estimated sum of $400,000, - for the future annual losses, if the act remains unaltered. - - "On worsted goods, for the same time, and on page 45, the report - exhibits the losses thus: - - In 1835 - $409,329 In 1837 - 209,391 - 1836 - 416,832 1838 - 249,590 - - "Making a total of ascertained loss on this head, in the brief - space of four years, amount to the sum of $1,285,142; with a - computation of a prospective loss of $500,000 per annum, while - the compromise act remains as it is." - -Such were the losses from diversity of construction alone on three -classes of goods, in the short space of four years; and these -classes staple goods, composed of a single material. When it -came to articles of mixed material, the diversity became worse. -Custom-house officers disagreed: comptrollers and treasurers -disagreed: attorneys-general disagreed. Courts were referred to, -and their decision overruled all. Many importers stood suits; and -the courts and juries overruled all the officers appointed to -collect the revenue. The government could only collect what they -are allowed. Often, after paying the duty assessed, the party has -brought his action and recovered a large part of it back. So that -this ad valorem system, besides its great expense, its chance -for diversity of opinions among the appraisers, and its openness -to corruption, also gave rise to differences among the highest -administrative and law officers of the government, with resort to -courts of law, in nearly all which the United States was the loser. - - - - -CHAPTER LIII. - -REFINED SUGAR AND RUM DRAWBACKS: THEIR ABUSE UNDER THE -COMPROMISE ACT OF 1833: MR. BENTON'S SPEECH. - - -Mr. Benton rose to make the motion for which he had given notice on -Friday last, for leave to bring in a bill to reduce the drawbacks -allowed on the exportation of rum and refined sugars; and the -bounties and allowances to fishing vessels, in proportion to the -reduction which had been made, and should be made, in the duties -upon imported sugars, molasses and salt, upon which these bounties -and allowances were respectively granted. - -Mr. B. said that the bill, for the bringing in of which he was about -to ask leave, proposed some material alteration in the act of 1833, -for the modification of the tariff, commonly called the compromise -act; and as that act was held by its friends to be sacred and -inviolable, and entitled to run its course untouched and unaltered, -it became his duty to justify his bill in advance; to give reasons -for it before he ventured to submit the question of leave for its -introduction; and to show, beforehand, that here was great and just -cause for the measure he proposed. - -Mr. B. said it would be recollected, by those who were contemporary -with the event, and might be seen by all who should now look into -our legislative history of that day, that he was thoroughly opposed -to the passage of the act of 1833; that he preferred waiting the -progress of Mr. Verplanck's bill; that he opposed the compromise -act, from beginning to end; made speeches against it, which were -not answered; uttered predictions of it, which were disregarded; -proposed amendments to it, which were rejected; showed it to be an -adjournment, not a settlement, of the tariff question; and voted -against it, on its final passage, in a respectable minority of -eighteen. It was not his intention at this time to recapitulate all -the objections which he then made to the act; but to confine himself -to two of those objections, and to those two of them, the truth and -evils of which TIME had developed; and for which evils the public -good demands an immediate remedy to be applied. He spoke of the -drawbacks and allowances founded upon duties, which duties were to -undergo periodical reductions, while the drawbacks and allowances -remained undiminished; and of the vague and arbitrary tenor of the -act, which rendered it incapable of any regular, uniform, or safe -execution. He should confine himself to these two objections; and -proceed to examine them in the order in which they were mentioned. - -At page 208 of the Senate journal, session of 1832-33, is seen this -motion: "Moved by Mr. Benton to add to the bill a section in the -following words: '_That all drawbacks allowed on the exportation of -articles manufactured in the United States from materials imported -from foreign countries, and subject to duty, shall be reduced in -proportion to the reduction of duties provided for in this act._'" -The particular application of this clause, as explained and enforced -at the time, was to sugar and molasses, and the refined sugar, and -the rum manufactured from them. - -As the laws then stood, and according to the principle of all -drawbacks, the exporters of these refined sugars and rum were -allowed to draw back from the Treasury precisely as much money as -had been paid into the Treasury on the importation of the article -out of which the exported article was manufactured. This was the -principle, and this was the law; and so rigidly was this insisted -upon by the manufacturing and exporting interest, that only four -years before the compromise act, namely, in 1829, the drawback on -refined sugars exported was raised from four to five cents a pound -upon the motion of General Smith, a then senator from Maryland; and -this upon an argument and a calculation made by him to show that the -quantity of raw sugar contained in every pound of refined sugar, -had, in reality, paid five instead of four cents duty. My motion -appeared to me self-evidently just, as the new act, in abolishing -all specific duties, and reducing every thing to an ad valorem duty -of twenty per centum, would reduce the duties on sugar and molasses -eventually to the one-third or the one-fourth of their then amount; -and, unless the drawback should be proportionately reduced, the -exporter of refined sugars and rum, instead of drawing back the -exact amount he had paid into the Treasury, would in reality draw -back three or four times as much as had been paid in. This would be -unjust in itself; and, besides being unjust, would involve a breach -of the constitution, for, so much of the drawback as was not founded -upon the duty, would be a naked bounty paid for nothing out of the -Treasury. I expected my motion to be adopted by a unanimous vote; on -the contrary, it was rejected by a vote of 24 to 18;[2] and I had -to leave it to Time, that slow, but sure witness, to develope the -evils which my arguments had been unable to show, and to enforce -the remedies which the vote of the Senate had rejected. That -witness has come. Time, with his unerring testimony, has arrived. -The act of 1833 has run the greater part of its course, without -having reached its ultimate depression of duties, or developed its -greatest mischiefs; but it has gone far enough to show that it has -done immense injury to the Treasury, and must continue to do it if -a remedy is not applied. Always indifferent to my rhetoric, and -careful of my facts--always leaving oratory behind, and laboring -to establish a battery of facts in front--I have applied at the -fountain head of information--the Treasury Department--for all the -statistics connected with the subject; and the successive reports -which had been received from that department, on the salt duties and -the fishing bounties and allowances, and on the sugar and molasses -duties, and the drawbacks on exported rum and refined sugar, and -which had been printed by the order of the Senate, had supplied the -information which constituted the body of facts which must carry -conviction to the mind of every hearer. - - [2] The following was the vote: - - YEAS--Messrs. Benton, Buckner, Calhoun, Dallas, Dickerson, Dudley, - Forsyth, Johnston, Kane, King, Rives, Robinson, Seymour, Tomlinson, - Webster, White, Wilkins, and Wright--18. - - NAYS--Messrs. Bell, Bibb, Black, Clay, Clayton, Ewing, Foot, - Grundy, Hendricks, Holmes, Knight, Mangum, Miller, Moore, Naudain, - Poindexter, Prentiss, Robbins, Silsbee, Smith, Sprague, Tipton, - Troup, Tyler--24. - -Mr. B. said he would take up the sugar duties first, and show what -had been the operation of the act of 1833, in relation to the -revenue from that article, and the drawbacks founded upon it. In -document No. 275, laid upon our tables on Friday last, we find four -tables in relation to this point, and a letter from the Register of -the Treasury, Mr. T. L. Smith, describing their contents. - -These tables are all valuable. The whole of the information -which they contain is useful, and is applicable to the business -of legislation, and goes to enlighten us on the subject under -consideration; but it is not in my power, continued Mr. B., to quote -them in detail. Results and prominent facts only can be selected; -and, proceeding on this plan, I here show to the Senate, from table -No. 1, that as early as the year 1837--being only four years after -the compromise act--the drawback paid on the exportation of refined -sugar actually exceeded the amount of revenue derived from imported -sugar, by the sum of $861 71. As the duties continued to diminish, -and the drawback remained the same, this excess was increased in -1838 to $12,690; and in 1839 it was increased to $20,154 37. Thus -far the results are mathematical; they are copied from the Treasury -books; they show the actual operation of the compromise act on this -article, down to the end of the last year. These are facts to pause -at, and think upon. They imply that the sugar refiners manufactured -more sugar than was imported into the United States for each of -these three years--that they not only manufactured, but exported, -in a refined state, more than was imported into the United States, -about 400,000 lbs. more the last of these years--that they paid -duty on these quantities, not leaving a pound of imported sugar -to have been used or duty paid on it by any other person--and not -leaving a pound of their own refined sugar to be used in the United -States. In other words, the whole amount of the revenue from brown -and clayed sugars was paid over to 29 sugar refiners from 1837: and -not only the whole amount, but the respective sums of $861 71, and -$12,690, and $20,154 37, in that and the two succeeding years, over -and above that amount. This is what the table shows as far as the -act has gone; and as we know that the refiners only consumed a small -part of the sugar imported, and only exported a part of what they -refined, and consequently only paid duty on a small part, it stands -to reason that a most enormous abuse has been committed--the fault -of the law allowing them to "draw back" out of the Treasury what -they had never put into it. - -The table then goes on to show the prospective operation of the -act for the remainder of the time which it has to run, and which -will include the great reductions of duty which are to take place -in 1841 and 1842; and here the results become still more striking. -Assuming the importation of each succeeding year to be the same that -it was in 1839, and the excess of the drawback over the duties will -be, for 1840, $37,343 38; for 1841, the same; for 1842, $114,693 -94; and for 1843, the sum of $140,477 45. That is to say, these -refiners will receive the whole of the revenue from the sugar tax, -and these amounts in addition, for these four years; when they would -not be entitled, under an honest law, to more than the one fortieth -part of the revenue--which, in fact, is more than they received -while the law was honest. These will be the bounties payable out -of the Treasury in the present, and in the three succeeding years, -provided the importation of sugars shall be the same that it was -in 1839; but will it be the same? To this question, both reason -and experience answer in the negative. They both reply that the -importation will increase in proportion to the increased profit -which the increasing difference between the duty and the drawback -will afford; and this reply is proved by the two first columns in -the table under consideration. These columns show that, under the -encouragement to importation already afforded by the compromise -act, the import of sugar increased in six years from 1,558,971 -pounds, costing $72,336, to 11,308,561 pounds, costing $554,119. -Here was an enormous increase under a small inducement compared to -that which is to follow; so that we have reason to conclude that -the importations of the present and ensuing years, unless checked -by the passage of the bill which I propose to bring in, will not -only increase in the ratio of the past years, but far beyond it; -and will in reality be limited only by the capacity of the world to -supply the demand: so great will be the inducement to import raw -or clayed sugars, and export refined. The effect upon our Treasury -must be great. Several hundred thousand dollars per annum must be -taken from it for nothing; the whole extracted from the Secretary of -the Treasury in hard money; his reports having shown us that, while -paper money, and even depreciated paper, is systematically pressed -upon the government in payment of duties, nothing but gold and -silver will be received back in payment of drawbacks. But it is not -the Treasury only that would suffer: the consumers of sugar would -come in for their share of the burden: the drawback will keep up the -price; and the home consumer must pay the drawback as well as the -government; otherwise the refined sugar will seek a foreign market. -The consumers of brown sugar will suffer in the same manner; for -the manufacturers will monopolize it, and refine it, and have their -five cents drawback, either at home or abroad. Add to all this, -it will be well if enterprising dealers shall not impose domestic -sugars upon the manufacturers, and thus convert the home crop into -an article entitled to drawback. - -Such are the mischiefs of the act of 1833 in relation to this -article; they are great already, and still greater are yet to -come. As early as 1837, the whole amount of the sugar revenue, and -$861,71 besides, was delivered over to some twenty odd manufacturers -of refined sugars! At this day, the whole amount of that revenue -goes to these few individuals, and $37,343,38 besides. This is the -case this year. Henceforth they are to receive the whole amount of -this revenue, with some hundreds of thousands of dollars besides, -to be drawn from other branches of revenue, unless this bill is -passed which I propose to bring in. This is the effect of the act, -dignified with the name of compromise, and hallowed by the imputed -character of sacred and inviolable! It turns over a tax levied from -seventeen millions of people on an article of essential comfort, -and almost a necessary; it turns over this whole tax to a few -individuals; and that not being enough to satisfy their demand, -they receive the remainder from the National Treasury! It violates -the constitution to the whole extent of the excess of the drawback -over the duty. It subjects the Treasury to an unforeseen amount of -undue demands. It deprives the people of the whole benefit of the -reduction of the sugar tax, provided for by the act itself; and -subjects them to the mercies of those who may choose to monopolize -the article for refinement and exportation. The whole number of -persons into whose hands all this money and power is thrown, is, -according to a statement derived from Gov. Wolf, the late collector -of the customs at Philadelphia, no more than own the 29 sugar -refineries; the whole of which, omitting some small ones in the -West, and three in New Orleans, are situate on the north side of -Mason and Dixon's line. Members from the South and West complain -of the unequal working of our revenue system--of the large amounts -expended in the northeast--the trifle expended South and West. -But, why complain? Their own improvident and negligent legislation -makes it so. This bill alone, in only one of its items--the sugar -item--will send millions, before 1842, to the north side of that -famous line: and this bill was the concoction, and that out of -doors, of one member from the South and one more from the West. - -Mr. Benton would proceed to the next article to the effect upon -which, of the compromise act, he would wish to call their attention; -and that article was imported molasses, and its manufacture, in -the shape of exported rum. On this article, and its manufacture, -the operation of the act was of the same character, though not to -the same degree, that it was on sugars; the duties were reduced, -while the drawback remained the same. This was constantly giving -drawback where no duty had been paid; and in 1842 the whole of the -molasses tax will go to these rum distillers--giving the legal -implication that they had imported all the molasses that came into -the United States, and paid duty on it--and then exported it all -in the shape of rum--leaving not a gallon to have been consumed by -the rest of the community, nor even a gallon of their own rum to -have been drank in the United States. All this is clear from the -regular operation of the compromise act, in reducing duties without -making a corresponding reduction in the drawbacks founded upon -them. But is there not to be cheating in addition to the regular -operation of the act? If not, we shall be more fortunate than we -have been heretofore, and that under the circumstances of greater -temptation. It is well known that whiskey can be converted into New -England rum, and exported as such, and receive the drawback of the -molasses duty; and that this has been done just as often as the -price of whiskey (and the meanest would answer the purpose) was -less than the cost of molasses. The process was this. Purchase base -whiskey at a low rate--filtrate it through charcoal, to deprive -it of smell and taste--then pass it through a rum distillery, in -company with a little real rum--and the whiskey would come out rum, -very fit to be sold as such at home, or exported as such, with the -benefit of drawback. All this has been done, and has been proved to -be done; and, therefore, may be done again, and certainly will be -done, under the increased temptation which the compromise act now -affords, and will continue to afford, if not amended as proposed by -the bill I propose to bring in. It was proved before a committee -of the House of Representatives in the session of 1827-8. Mr. -Jeromus Johnson, then a member of Congress from the city of New -York, now a custom-house officer in that city, testified directly -to the fact. To the question: "_Are there not large quantities of -whiskey used with molasses in the distillation of what is called New -England rum?_" He answered: "_There are:_" and that when mixed at -the rate of only four gallons to one, and the mixture run through -a rum distillery--the whiskey previously deprived of its taste -and smell by filtration through charcoal--the best practised rum -drinker could not tell the difference--even if appealed to by a -custom-house officer. That whiskey is now used for that purpose, is -clearly established by the table marked B. That table shows that -the importation of foreign molasses for the year 1839 was 392,368 -gallons; and the exportation of distilled rum for that quantity -was 356,699 gallons; that is to say, nearly as many gallons of rum -went out as of molasses came in; and, admitting that a gallon of -good molasses will make a gallon of rum, yet the average is below -it. Inferior or common molasses falls short of producing gallon -for gallon by from 5 to 7-1/2 per cent. Now make an allowance for -this deficiency; allow also for the quantity of foreign molasses -consumed in the United States in other ways; allow likewise for -the quantity of rum made from molasses, and not exported, but -consumed at home: allow for these three items, and the conviction -becomes irresistible, that whiskey was used in the distillation of -rum in the year 1839, and exported with the benefit of drawback! -and that such will continue to be the case (if this blunder is not -corrected), as the duty gets lower and the temptation to export -whiskey, under the disguise of New England rum, becomes greater. -After 1842, this must be a great business, and the molasses drawback -a good profit on mean whiskey. - -Putting these two items together--the sugar and the molasses -drawbacks--and some millions must be plundered from the Treasury -under the preposterous provisions of this compromise act. - - - - -CHAPTER LIV. - -FISHING BOUNTIES AND ALLOWANCES, AND THEIR ABUSE: MR. BENTON'S -SPEECH: EXTRACTS. - - -The bill which I am asking leave to introduce, proposes to reduce -the fishing bounties and allowances in proportion to the reduction -which the salt duty has undergone, and is to undergo; and at the -threshold I am met by the question, whether these allowances are -founded upon the salt duty, and should rise and fall with it, or are -independent of that duty, and can be kept up without it? I hold the -affirmative of this question. I hold that the allowances rest upon -the duty, and upon nothing else, and that there is neither statute -law nor constitution to support them on any other foundation. This -is what I hold: but I should not have noticed the question at this -time except for the issue joined upon it between the senator from -Massachusetts who sits farthest on the other side (Mr. Davis), and -myself. He and I have made up an issue on this point; and without -going into the argument at this time, I will cite him to the -original petition from the Massachusetts legislature, asking for -a drawback of the duties, or, as they styled it, "a remission of -duties on all the dutiable articles used in the fisheries; and also -premiums and bounties:" and having shown this petition, I will point -to half a dozen acts of Congress which prove my position--hoping -that they may prove sufficient, but promising to come down upon him -with an avalanche of authorities if they are not. - -The dutiable articles used in the fisheries, and of which a -remission duty was asked in the petition, were: salt, rum, tea, -sugar, molasses, coarse woollens, lines and hooks, sail-cloth, -cordage, iron, tonnage. This petition, presented to Congress in the -year 1790, was referred to the Secretary of State (Mr. Jefferson), -for a report upon it; and his report was, that a drawback of duties -ought to be allowed, and that the fisheries are not to draw support -from the Treasury; the words, "drawback of duty," only applying to -articles exported, was confined to the salt upon that part of the -fish which were shipped to foreign countries: and to this effect was -the legislation of Congress. I briefly review the first half dozen -of these acts. - -1. The act of 1789--the same which imposed a duty of six cents a -bushel on salt, and which granted a bounty of five cents a barrel on -pickled fish exported, and also on beef and pork exported, and five -cents a quintal on dried fish exported--declared these bounties to -be "in lieu of a drawback of the duties imposed on the importation -of the salt employed and expended thereon." This act is decisive -of the whole question. In the first place it declares the bounty -to be in lieu of a drawback of the salt duty. In the second place, -it conforms to the principle of all drawbacks, and only grants the -bounty on the part of the fish which is exported. In the third -place, it gives the same bounty, and in the same words, to the -exporters of salted beef and pork which is given to the exporters of -fish: and certainly mariners were not expected to be created among -the raisers of swine and cattle--which negatives the idea of this -being an encouragement to the formation of seamen. - -2. In 1790 the duty on salt was doubled: it was raised from six -to twelve cents a bushel: by the same act the fishing bounties -and allowances were also doubled: they were raised from five to -ten cents the barrel and the quintal. By this act the bounties -and allowances both to fish and provisions, were described to be -"in lieu of drawback of the duty on salt used in curing fish and -provisions exported." - -3. The act of 1792 repeals "the bounty in lieu of drawback on dried -fish;" and, "in lieu of that, and as commutation thereof, and as an -equivalent therefor," shifts the bounty from the "quintal" of dried -fish to the "tonnage" of the fishing vessel; and changes its name -from "bounty" to "allowance." This is the key act to the present -system of tonnage allowance to the fishing vessel; and was passed -upon the petition of the fishermen, and to enable the "crew" of -the vessel to draw the bounty instead of letting it fall into the -hands of the exporting merchant. It was done upon the fishermen's -petition, and for the benefit of the crew, interested in the -adventure, and who had paid the duty on the salt which they used. -And to exclude all idea of considering this change as a change of -policy, and to cut off all inference that the allowance was now -to become a bounty from the Treasury as an encouragement for a -seaman's nursery, the act went on to make this precise and explicit -declaration: "_That the allowance so granted to the fishing vessel -was a commutation of, and an equivalent for, the bounty in lieu of -drawback of the duties imposed on the importation of the salt used -in curing the fish exported._" This is plain language--the plain -language used by legislators of that day--and defies misconception, -misunderstanding, or cavil. - -4. In 1797 the duty on salt was raised from twelve cents to twenty -cents a bushel: by the same act a corresponding increase was made in -the bounties both to exported salted provisions and pickled fish, -and in the allowance to the fishing vessels. The salt duty was -raised one-third and a fraction: and these bounties and allowances -were raised one-third. Thirty-three and one-third per cent. was -added all round; and the act, to make all sure, was express in again -declaring the bounties and allowances to be a commutation in lieu of -the drawback of the salt duty. - -5. The act of April 12th, 1800, continues the salt duty, and with it -all the bounties to salted provisions and pickled fish exported, and -all the allowances to fishing vessels, for ten years; and then adds -this proviso: "That these allowances shall not be understood to be -continued for a longer time than the correspondent duties on salt, -respectively, for which the said allowances were granted, shall be -payable." Such are the terms of the act of the year 1800. It is -a clincher. It nails up, and crushes every thing. It shows that -Congress was determined that the salt duty, and the bounties and -allowances, should be one and indivisible: that they should come, -and go together--should rise and fall together--should live and die -together. - -6. In 1807, Mr. Jefferson being President, the salt tax was -abolished upon his recommendation: and with it all the bounties and -allowances to fishing vessels, to pickled fish, and to salted beef -and pork were all swept away. The same act abolished the whole. -The first section repealed the salt duty: the second repealed the -bounties and allowances: and the repeal of both was to take effect -on the same day--namely, on the first day of January, 1808: a day -which deserves to be nationally commemorated, as the day of the -death of an odious, criminal and impious tax. The beneficent and -meritorious act was in these words: "_That from and after the -first day of January next, so much of any act as allows a bounty -on exported salt provisions and pickled fish, in lieu of drawback -of the duties on the salt employed in curing the same, and so -much of any act as makes allowances to the owners and crews of -fishing vessels, in lieu of drawback of the duties paid on the salt -used in the same, shall be, and the same hereby is repealed._" -This was the end of the first salt tax in the United States, and -of all the bounties and allowances built upon it. It fell, with -all its accessories, under the republican administration of Mr. -Jefferson--and with the unanimous vote of every republican--and also -with the vote of many federalists: so much more favorable were the -old federalists than the whigs of this day, to the interests of the -people. In fact there were only five votes against the repeal, and -not one of these upon the ground that the bounties and allowances -were independent of the salt duty. - -7. After this, and for six years, there was no salt tax--no fishing -bounties or allowances in the United States. The tax, and its -progeny lay buried in one common grave, and had no resurrection -until the year 1813. The war with Great Britain revived them--the -tax and its offspring together; but only as a temporary measure--as -a war tax--to cease within one year after the termination of the -war. Before that year was out, the tax, and its appendages were -continued--not for any determinate period, but until repealed by -Congress. They have not been repealed yet! and that was forty years -ago! No act could then have been obtained to continue this duty -for the short space of three years. The continuance could only be -obtained on the argument that Congress could then repeal it at any -time; a fallacious reliance, but always seductive to men of easy and -temporizing temperaments. - -The pretension that these fishing bounties and allowances were -granted as encouragement to mariners, is rejected by every word -of the acts which grant them, and by the striking fact, that no -part of them goes to the whale fisheries. Not a cent of them had -ever gone to a whale ship: they had only gone to the cod and -mackerel fisheries. The noble whaler of four or five hundred -tons, with her ample crew, which sailed twenty thousand miles, -doubling a most tempestuous cape before she arrived at the field -of her labors--which remained out three years, waging actual war -with the monsters of the deep--a war in which a brave heart, -a steady eye, and an iron nerve were as much wanted as in any -battle with man;--this noble whaler got nothing. It all went to -the hook-and-line men--to the cod and mackerel fisheries, which -were carried on in diminutive vessels, as small as five tons, and -in the rivers, and along the shores, and on the shallow banks of -Newfoundland. Meritorious as these hook-and-line fishermen might be, -they cannot compare with the whalers: and these whalers receive no -bounties and allowances because they pay no duty on imported salt, -re-exported by them. - -I now come to the clause in my bill which has called forth these -preliminary remarks; the third clause, which proposes the reduction -of fishing bounties and allowances in proportion to the reduction -which the salt tax has undergone, and shall undergo. And here, it -is not the compromise act alone that is to be blamed: a previous -act shares that censure with it. In 1830 the salt duty was reduced -one-half, to take effect in 1830 and 1831; the fishing bounties -and allowances should have been reduced one-half at the same time. -I made the motion in the Senate to that effect; but it failed of -success. When the compromise act was passed in 1833, and provided -for a further reduction of the salt duty--a reduction which has -now reduced it two-thirds, and in 1841 and '42 will reduce it -still lower--when this act was passed, a reduction of the fishing -bounties and allowances should have taken place. The two senators -who concocted that act in their chambers, and brought it here to be -registered as the royal edicts were registered in the times of the -old French monarchy; when these two senators concocted this act, -they should have inserted a provision in it for the correspondent -reduction of the fishing bounties and allowances with the salt tax: -they should have placed these allowances, and the refined sugar, -and the rum drawbacks, all on the same footing, and reduced them -all in proportion to the reduction of the duties on the articles -on which they were founded. They did not do this. They omitted the -whole; with what mischief you have already seen in the case of -rum and refined sugar, and shall presently see in the case of the -fishing bounties and allowances. I attempted to supply a part of -their omission in making the motion in relation to drawbacks, which -was read to you at the commencement of these remarks. Failing in -that motion, I made no further attempt, but waited for TIME, the -great arbiter of all questions, to show the mischief, and to enforce -the remedy. That arbiter is now here, with his proofs in his hand, -in the shape of certain reports from the Treasury Department in -relation to the salt duty and the fishing bounties and allowances, -which have been printed by the order of the Senate, and constitute -part of the salt document, No. 196. From that document I now -proceed to collect the evidences of one branch of the mischief--the -pecuniary branch of it--which the omission to make the proper -reductions in these allowances has inflicted upon the country. - -The salt duty was reduced one-fourth in the year 1831; the fishing -bounties and allowances that year were $313,894; they should have -been reduced one-fourth also, which would have made them about -$160,000. In 1832 the duty was reduced one-half; the fishing -bounties and allowances were paid in full, and amounted to $234,137; -they should have been reduced one-half; and then $117,018 would have -discharged them. The compromise act was made in 1833, and, under -the operation of that act, the salt duty has undergone biennial -reductions, until it is now reduced to about one-third of its -original amount: if it had provided for the correspondent reduction -of the fishing bounties and allowances, there would have been saved -from that year to the year 1839--the last to which the returns have -been made up--an annual average sum of about $150,000, or a gross -sum of about $900,000. The prospective loss can only be estimated; -but it is to increase rapidly, owing to the large reductions in the -salt duty in the years 1841 and 1842. - -The present year, 1840, lacks but a little of exhausting the whole -amount of the salt revenue in paying the fishing bounties and -allowances; the next year will take more than the whole; and the -year after will require about double the amount of the salt revenue -of that year to be taken from other branches of the revenue to -satisfy the demands of the fishing vessels: thus producing the same -result as in the case of the sugar duties--the whole amount of the -salt duty, and as much more out of other duties, being paid to the -cod and mackerel fishermen, as the whole amount of the sugar tax, -and considerably more, is paid to the sugar-refiners. The results -for the present year, and the ensuing ones, are of course computed: -they are computations founded upon the basis of the last ascertained -year's operations. The last year to which all the heads of this -branch of business is made up, is the year 1838; and for that year -they stand thus: Salt imported, in round numbers, seven millions of -bushels; net revenue from it, about $430,000; fishing bounties and -allowances, $320,000. Assuming the importation of the present year -to be the same, and the bounties and allowances to be the same, -the loss to the Treasury will be $206,000; for the salt duty this -year will undergo a further reduction. In 1842, when this duty has -reached its lowest point, the whole amount of revenue derived from -it is computed at about $170,000, while the fishing bounties and -allowances continuing the same, namely, about $320,000, the salt -revenue in the gross will be little more than half enough to pay -it; and, after deducting the weighers' and measurers' fees, which -come out of the Treasury, and amount to $52,500 on an importation -of seven millions; after deducting this item, there will be a -deficiency of about $200,000 in the salt revenue, in meeting the -drawbacks, in the shape of bounties and allowances founded upon it. -Thus two-thirds of the whole amount of the salt revenue is at this -time paid to the fishing vessels. Next year it will all go to them; -and after 1842, we shall have to raise money from other sources to -the amount of $200,000 per annum, or raise the salt duty itself to -produce that amount, in order to satisfy these drawbacks, which were -permitted to take the form of bounties and allowances to fishing -vessels. Such is the operation of the compromise act! that act which -is styled sacred and inviolable! - -Of the other mischiefs resulting from this compromise act, which -reduced the duties on salt, and the one which preceded it for the -same purpose, without reducing the correspondent bounties and -allowances to the fishing interest--of these remaining mischiefs, -whereof there are many, I mean to mention but one; and merely -to mention that, and not to argue it. It is the constitutional -objection to the payment of any thing beyond the duty received--the -payment of any thing which exceeds the drawback of the duty. Up to -that point, I admit the constitutionality of drawbacks, whether -passing under that name, or changed to the name of a bounty, or an -allowance in lieu of a drawback. I admit the constitutional right -of Congress to permit a drawback of the amount paid in: I deny the -constitutional right to permit a drawback of any amount beyond what -was paid in. This is my position, which I pledge myself to maintain, -if any one disputes it; and applying this principle to the fishing -bounties and allowances, and also to the drawbacks in the case of -refined sugars and rum: and I boldly affirm that the constitution of -the United States has been in a state of flagrant violation, under -the compromise act, from the day of its passage to the present hour, -and will continue so until the bill is passed which I am about to -ask leave to bring in. - -Sir, I quit this part of my subject with presenting, in a single -picture, the condensed view of what I have been detailing. It -is, that the whole annual revenue derived from sugar, salt, and -molasses, is delivered over gratuitously to a few thousand persons -in a particular section of the Union, and is not even sufficient to -satisfy their demands! In other words, that a tax upon a nation -of seventeen millions of people, upon three articles of universal -consumption, articles of necessity, and of comfort, is laid for the -benefit of a few dozen rum distillers and sugar refiners, and a few -thousand fishermen; and not being sufficient for them, the deficit, -amounting to many hundred thousand dollars per annum, is taken from -other branches of the revenue, and presented to them! and all this -the effect of an act which was made out of doors, which was not -permitted to be amended on its passage, and which is now held to -be sacred and inviolable! and which will eventually sink under its -own iniquities, though sustained now by a cry which was invented -by knavery, and is repeated by ignorance, folly, and faction--a -cry that that compromise saved the Union. This is the picture I -present--which I prove to be true--and the like of which is not to -be seen in the legislation, or even in the despotic decrees, of -arbitrary monarchs, in any other country upon the face of the earth. - -About five millions of dollars have been taken from the Treasury -under these bounties and allowances--the greater part of it most -unduly and abusefully.[3] The fishermen are only entitled to an -amount equal to the duty paid on the imported salt, which is -used upon that part of the fish which is exported; and the law -requires not only the exportation to be proved, but the landing and -remaining of the cargo in a foreign country. They draw back this -year $355,000. Do they pay that amount of duty on the salt put on -the modicum of fish which they export? Why, it is about the entire -amount of the whole salt tax paid by the whole United States! and to -justify their right to it, they must consume on the exported part -of their fish the whole quantity of foreign salt now imported into -the United States--leaving not a handful to be used by the rest of -the population, or by themselves on that part of their fish which -is consumed at home--and which is so much greater than the exported -part. This shows the enormity of the abuse, and that the whole -amount of the salt tax now goes to a few thousand fishermen; and if -this compromise act is not corrected, that whole amount, after 1842, -will not be sufficient to pay this small class--not equal in number -to the farmers in a common Kentucky county; and other money must be -taken out of the Treasury to make good the deficiency. I have often -attempted to get rid of the whole evil, and render a great service -to the country, by repealing _in toto_ the tax and all the bounties -and allowances erected upon it. At present I only propose, and that -without the least prospect of success, to correct a part of the -abuse, by reducing the payments to the fishermen in proportion to -the reduction of the duty on salt: but the true remedy is the one -applied under Mr. Jefferson's administration--total repeal of both. - - [3] About four and a quarter millions taken since; and still taking. - - - - -CHAPTER LV. - -EXPENDITURES OF THE GOVERNMENT. - - -At no point does the working of the government more seriously claim -the attention of statesmen than at that of its expenses. It is the -tendency of all governments to increase their expenses, and it -should be the care of all statesmen to restrain them within the -limits of a judicious economy. This obligation was felt as a duty -in the early periods of our history, and the doctrine of _economy_ -became a principle in the political faith of the party, which, -whether called Republican as formerly, or Democratic as now, is -still the same, and was incorporated in its creed. Mr. Jefferson -largely rested the character of his administration upon it; and -deservedly: for even in the last year of his administration, -and after the enlargement of our territory by the acquisition -of Louisiana, the expenses of the government were but about -three millions and a half of dollars. At the end of Mr. Monroe's -administration, sixteen years later, they had risen to about -seven millions; and in the last year of Mr. Van Buren's (sixteen -years more), they had risen to about thirteen millions. At the -same time, at each of these epochs, and in fact, in every year of -every administration, there were payments from the Treasury for -extraordinary or temporary objects, often far exceeding in amount -the regular governmental expenses. Thus, in the last year of Mr. -Jefferson, the whole outlay from the Treasury, was about twelve -millions and a half; of which eight millions went to the payment of -principal and interest on the public debt, and about one million to -other extra objects. And in the last year of Mr. Monroe, the whole -payments were about thirty-two millions of dollars, of which sixteen -millions and a half went to the liquidation of the public debt; -and above eight millions more to other extraordinary and temporary -objects. Towards the close of Mr. Van Buren's administration, this -aggregate of outlay for all objects had risen to about thirty-seven -millions, which the opposition called thirty-nine; and presenting -this gross sum as the actual expenses of the government, made a -great outcry against the extravagance of the administration; and -the people, not understanding the subject, were seriously impressed -with the force and truth of that accusation, while the real expenses -were but about the one-third of that sum. To present this result -in a plain and authentic form, the author of this View obtained a -call upon the Secretary for the different payments, ordinary and -extraordinary, from the Treasury for a series of years, in which -the payments would be placed under three heads--the ordinary, the -extraordinary, and the public debt--specifying the items of each; -and extending from Monroe's time (admitted to be economical), to -Mr. Van Buren's charged with extravagance. This return was made by -the Secretary, divided into three columns, with specifications, as -required; and though obtained for a temporary and transient purpose, -it possesses a permanent interest as giving a complete view of the -financial working of the government, and fixing points of comparison -in the progress of expenditure--very proper to be looked back upon -by those who would hold the government to some degree of economy -in the use of the public money. There has been no such examination -since the year 1840: there would seem to be room for it now (1855), -when the aggregate of appropriations exceed seventy millions of -dollars. A deduction for extraordinaries would largely reduce that -aggregate, but still leave enough behind to astound the lovers of -economy. Three branches of expenditure alone, each within itself, -exceeds by upwards of four to one, the whole ordinary expenses of -the government in the time of Mr. Jefferson; and upwards of double -of such expense in the time of Mr. Monroe; and some millions more -than the same aggregate in the last year of Mr. Van Buren. These -three branches are, 1. The civil, diplomatic, and miscellaneous, -$17,265,929 and 50 cents. 2. The naval service (without the pensions -and "reserved" list), $15,012,091 and 53 cents. 3. The army, -fortifications, military academy (without the pensions), $12,571,496 -and 64 cents. These three branches of expenditure alone would -amount to about forty-five millions of dollars--to which twenty-six -millions more are to be added. The dormant spirit of economy--hoped -to be only dormant, not dead--should wake up at this exhibition of -the public expenditure: and it is with that view--with the view -of engaging the attention of some economical members of Congress, -that the exhibit is now made--that this chapter is written--and -some regard invoked for the subject of which it treats. The evils -of extravagance in the government are great. Besides the burden -upon the people, it leads to corruption in the government, and -to a janissary horde of office holders to live upon the people -while polluting their elections and legislation, and poisoning the -fountains of public information in moulding public opinion to their -own purposes. More than that. It is the true source of the just -discontent of the Southern States, and must aggravate more and more -the deep-seated complaint against the unnecessary levy of revenue -upon the industry of one half of the Union to be chiefly expended -in the other. That complaint was great enough to endanger the Union -twenty-five years ago, when the levy and expenditure was thirty odd -millions: it is now seventy odd! At the same time it is the opinion -of this writer, that a practical man, acquainted with the objects -for which the federal government was created, and familiar with its -financial working from the time its fathers put it into operation, -could take his pen and cross out nearly the one half of these -seventy odd millions, and leave the government in full vigor for all -its proper objects, and more pure, by reducing the number of those -who live upon the substance of the people. To complete the effect -of this chapter, some extracts are given in the ensuing one, from -the speech made in 1840, upon the expenditures of the government, as -presenting practical views upon a subject of permanent interest, and -more worthy of examination now than then. - - - - -CHAPTER LVI. - -EXPENSES OF THE GOVERNMENT, COMPARATIVE AND PROGRESSIVE, AND -SEPARATED FROM EXTRAORDINARIES. - - -Mr. Benton moved to print an extra number of these tabular -statements received from the Secretary of the Treasury, and proposed -to give his reasons for the motion, and for that purpose, asked -that the papers should be sent to him (which was done); and Mr. B. -went on to say that his object was to spread before the country, -in an authentic form, the full view of all the government expenses -for a series of years past, going back as far as Mr. Monroe's -administration; and thereby enabling every citizen, in every -part of the country, to see the actual, the comparative, and the -classified expenditures of the government for the whole period. This -proceeding had become necessary, Mr. B. said, from the systematic -efforts made for some years past, to impress the country with the -belief that the expenditures had increased threefold in the last -twelve years--that they had risen from thirteen to thirty-nine -millions of dollars; and that this enormous increase was the effect -of the extravagance, of the corruption, and of the incompetency -of the administrations which had succeeded those of Mr. Adams and -Mr. Monroe. These two latter administrations were held up as the -models of economy; those of Mr. Van Buren and General Jackson were -stigmatized as monsters of extravagance; and tables of figures -were so arranged as to give color to the characters attributed to -each. These systematic efforts--this reiterated assertion, made on -this floor, of _thirteen_ millions increased to _thirty-nine_--and -the effect which such statements must have upon the minds of those -who cannot see the purposes for which the money was expended, -appeared to him (Mr. B.), to require some more formal and authentic -refutation than any one individual could give--something more -imposing than the speech of a solitary member could afford. Familiar -with the action of the government for twenty years past--coming -into the Senate in the time of Mr. Monroe--remaining in it ever -since--a friend to economy in public and in private life--and -closely scrutinizing the expenditures of the government during the -whole time--he (Mr. B.) felt himself to be very able at any time to -have risen in his place, and to have exposed the delusion of this -_thirteen_ and _thirty-nine_ million bugbear; and, if he did not do -so, it was because, in the first place, he was disinclined to bandy -contradictions on the floor of the Senate; and, in the second place, -because he relied upon the intelligence of the country to set all -right whenever they obtained a view of the facts. This view he had -made himself the instrument of procuring, and the Secretary of the -Treasury had now presented it. It was ready for the contemplation -of the American people; and he could wish every citizen to have -the picture in his own hands, that he might contemplate it at his -own fireside, and at his full leisure. He could wish every citizen -to possess a copy of this report, now received from the Secretary -of the Treasury, under the call of the Senate, and printed by its -order; he could wish every citizen to possess one of these authentic -copies, bearing the _imprimatur_ of the American Senate; but that -was impossible; and, limiting his action to what was possible, he -would propose to print such number of extra copies as would enable -some to reach every quarter of the Union. - -Mr. B. then opened the tables, and explained their character and -contents. The first one (marked A) consisted of three columns, -and exhibited the aggregate, and the classified expenditures of -the government from the year 1824 to 1839, inclusive; the second -one (marked B) contained the detailed statement of the payments -annually made on account of all temporary or extraordinary objects, -including the public debt, for the same period. The second table was -explanatory of the third column of the first one; and the two, taken -together, would enable every citizen to see the actual expenditures, -and the comparative expenditures, of the government for the whole -period which he had mentioned. - -Mr. B. then examined the actual and the comparative expenses of -two of the years, taken from the two contrasted periods referred -to, and invoked the attention of the Senate to the results which -the comparison would exhibit. He took the first and the last of -the years mentioned in the tables--the years 1824 and 1839--and -began with the first item in the first column. This showed the -aggregate expenditures for every object for the year 1824, to have -been $31,898,538 47--very near thirty-two millions of dollars, said -Mr. B., and if stated alone, and without explanation, very capable -of astonishing the public, of imposing upon the ignorant, and of -raising a cry against the dreadful extravagance, the corruption, -and the wickedness of Mr. Monroe's administration. Taken by itself -(and indisputably true it is in itself), and this aggregate of -near thirty-two millions is very sufficient to effect all this -surprise and indignation in the public mind; but, passing on to the -second column to see what were the expenditures, independent of the -public debt, and this large aggregate will be found to be reduced -more than one half; it sinks to $15,330,144 71. This is a heavy -deduction; but it is not all. Passing on to the third column, and -it is seen that the actual expenses of the government for permanent -and ordinary objects, independent of the temporary and extraordinary -ones, for this same year, were only $7,107,892 05; being less than -the one-fourth part of the aggregate of near thirty-two millions. -This looks quite reasonable, and goes far towards relieving Mr. -Monroe's administration from the imputation to which a view of the -aggregate expenditure for the year would have subjected it. But, -to make it entirely satisfactory, and to enable every citizen to -understand the important point of the government expenditures--a -point on which the citizens of a free and representative government -should be always well informed--to attain this full satisfaction, -let us pass on to the second table (marked B), and fix our eyes -on its first column, under the year 1824. We shall there find -every temporary and extraordinary object, and the amount paid on -account of it, the deduction of which reduced an aggregate of near -thirty-two millions to a fraction over seven millions. We shall -there find the explanation of the difference between the first and -third columns. The first item is the sum of $16,568,393 76, paid on -account of the principal and interest of the public debt. The second -is the sum of $4,891,386 56, paid to merchants for indemnities under -the treaty with Spain of 1819, by which we acquired Florida. And -so on through nine minor items, amounting in the whole, exclusive -of the public debt, to about eight millions and a quarter. This -total added to the sum paid on account of the public debt, makes -close upon twenty-five millions of dollars; and this, deducted from -the aggregate of near thirty-two millions, leaves a fraction over -seven millions for the real expenses of the government--the ordinary -and permanent expenses--during the last year of Mr. Monroe's -administration. - -This is certainly a satisfactory result. It exempts the -administration of that period from the imputation of extravagance, -which the unexplained exhibition of the aggregate expenditures might -have drawn upon it in the minds of uninformed persons. It clears -that administration from all blame. It must be satisfactory to every -candid mind. And now let us apply the test of the same examination -to some year of the present administration, now so incontinently -charged with ruinous extravagance. Let us see how the same rule will -work when applied to the present period; and, for that purpose, -let us take the last year in the table, that of 1839. Let others -take any year that they please, or as many as they please: I take -one, because I only propose to give an example; and I take the last -one in the table, because it is the last. Let us proceed with this -examination, and see what the results, actual and comparative, will -be. - -Commencing with the aggregate payments from the Treasury for all -objects, Mr. B. said it would be seen at the foot of the first -column in the first table, that they amounted to $37,129,396 80; -passing to the second column, and it would be seen that this sum was -reduced to $25,982,797 75; and passing to the third, and it would be -seen that this latter sum was itself reduced to $13,525,800 18; and, -referring to the second table, under the year 1839, and it would -be seen how this aggregate of thirty-seven millions was reduced -to thirteen and a half. It was a great reduction; a reduction of -nearly two-thirds from the aggregate amount paid out; and left for -the proper expenses of the government--its ordinary and permanent -expenses--an inconceivably small sum for a great nation of seventeen -millions of souls, covering an immense extent of territory, and -acting a part among the great powers of the world. To trace this -reduction--to show the reasons of the difference between the first -and the third columns, Mr. B. would follow the same process which -he had pursued in explaining the expenditures of the year 1824, and -ask for nothing in one case which had not been granted in the other. - -1. The first item to be deducted from the thirty-seven million -aggregate, was the sum of $11,146,599 05, paid on account of the -public debt. He repeated, on account of the public debt; for it was -paid in redemption of Treasury notes; and these Treasury notes were -so much debt incurred to supply the place of the revenue deposited -with the States, in 1836, or shut up in banks during the suspension -of 1837, or due from merchants, to whom indulgence had been granted. -To supply the place of these unattainable funds, the government went -in debt by issuing Treasury notes; but faithful to the sentiment -which abhorred a national debt, it paid off the debt almost as fast -as it contracted it. Above eleven millions of this debt was paid -in 1839, amounting to almost the one-third part of the aggregate -expenditure of that year; and thus, nearly the one-third part of the -sum which is charged upon the administration as extravagance and -corruption, was a mere payment of debt!--a mere payment of Treasury -notes which we had issued to supply the place of our misplaced -and captured revenue--our three instalments of ten millions cash -presented to the States under the false and fraudulent name of a -deposit, and our revenue of 1837 captured by the banks when they -shut their doors upon their creditors. The glorious administration -of President Jackson left the country free from public debt: its -worthy successor will do the same. - -Removal of Indians from the Southern and Western States, and -extinction of their titles, and numerous smaller items, all -specified in the third column of the table, amount to about twelve -millions and a half more; and these added to the payments on the -public debt, the remainder is the expense of the government, and is -but about the one-third of the aggregate expenditure--to be precise, -about thirteen millions and a half. - -With this view of the tabular statements Mr. B. closed the -examination of the items of expenditure, and stated the results to -be a reduction of the thirty-seven million aggregate in 1839, like -that of the thirty-two million aggregate in 1824, to about one-third -of its amount. The very first item, that of the payment of public -debt in the redemption of Treasury notes, reduced it eleven millions -of dollars: it sunk it from thirty-seven millions to twenty-six. -The other eighteen items amounted to $12,656,977, and reduced the -twenty-six millions to thirteen and a half. Here then is a result -which is attained by the same process which applies to the year -1824, and to every other year, and which is right in itself; and -which must put to flight and to shame all the attempts to excite the -country with this bugbear story of extravagance. In the first place -the aggregate expenditures have not increased threefold in fifteen -years; they have not risen from thirteen to thirty-nine millions, -as incontinently asserted by the opposition; but from thirty-two -millions to thirty-seven or thirty-nine. And how have they risen? By -paying last year eleven millions for Treasury notes, and more than -twelve millions for Indian lands, and wars, removals of Indians, and -increase of the army and navy, and other items as enumerated. The -result is a residuum of thirteen and a half millions for the real -expenses of the government; a sum one and a half millions short of -what gentlemen proclaim would be an economical expenditure. They all -say that fifteen millions would be an economical expenditure; very -well! here is thirteen and a half! which is a million and a half -short of that mark. - - - - -CHAPTER LVII. - -DEATH OF MR. JUSTICE BARBOUR OF THE SUPREME COURT, AND -APPOINTMENT OF PETER V. DANIEL, ESQ., IN HIS PLACE. - - -Mr. Phillip P. Barbour was a representative in Congress from -the State of Virginia when I was first elected to the Senate in -1820. I had the advantage--(for advantage I truly deemed it for -a young member)--to be in habitual society with such a man--one -of the same mess with him the first session of my service. Nor -was it accidental, but sought for on my part. It was a talented -mess--among others the brilliant orator, William Pinkney of -Maryland; and the eloquent James Barbour, of the Senate, brother -to the representative: their cousin the representative John S. -Barbour, equal to either in the endowments of the mind: Floyd of -Virginia: Trimble and Clay of Kentucky. I knew the advantage of -such association--and cherished it. From that time I was intimate -with Mr. Phillip P. Barbour during the twenty-one winters which -his duties, either as representative in Congress, or justice of -the Supreme Court, required him to be at Washington. He was a man -worthy of the best days of the republic--modest, virtuous, pure: -artless as a child: full of domestic affections: patriotic: filially -devoted to Virginia as his mother State, and a friend to the Union -from conviction and sentiment. He had a clear mind--a close, logical -and effective method of speaking--copious without diffusion; and, -always speaking to the subject, both with knowledge and sincerity, -he was always listened to with favor. He was some time Speaker of -the House, and was appointed to the bench of the Supreme Court -by President Van Buren in 1837, in place of Mr. Justice Duval, -resigned. He had the death which knows no pain, and which, to the -body, is sleep without waking. He was in attendance upon the Supreme -Court, in good health and spirits, and had done his part the night -before in one of the conferences which the labors of the Supreme -Bench impose almost nightly on the learned judges. In the morning he -was supposed by his servant to be sleeping late, and, finally going -to his bedside, found him dead--the face all serene and composed, -not a feature or muscle disturbed, the body and limbs in their easy -natural posture. It was evident that the machinery of life had -stopped of itself, and without a shock. Ossification of the heart -was supposed to be the cause. He was succeeded on the Supreme Bench -by Peter V. Daniel, Esq., of the same State, also appointed by Mr. -Van Buren--one in the first, the other in the last days of his -administration. - -A beautiful instance in Mr. Barbour of self-denial, and of fidelity -to party and to personal friendship, and regard for honor and -decorum, occurred while he was a member of the House. Mr. Randolph -was in the Senate: the time for his re-election came round: he -had some personal enemies in his own party, who, joined to the -whig party, could defeat him: and it was a high object with the -administration at Washington (that of Mr. Adams), to have him -defeated. The disaffected and the opposition combined together, -counted their numbers, ascertained their strength, and saw that they -could dispose of the election; but only in favor of some one of the -same party with Mr. Randolph. They offered the place to Mr. Barbour. -It was the natural ascent in the gradation of his appointments; and -he desired it; and, it may be said, the place desired him: for he -was a man to adorn the chamber of the American Senate. But honor -forbid; for with him Burns's line was a law of his nature: _Where -you feel your honor grip, let that still be your border._ He was -the personal and political friend of Mr. Randolph, and would not be -used against him; and sent an answer to the combined parties which -put an end to their solicitations. Mr. John Tyler, then governor of -the State, and standing in the same relation with Mr. Barbour to Mr. -Randolph, was then offered the place: and took it. It was his first -step in the road to the whig camp; where he arrived eventually--and -lodged, until elected out of it into the vice-presidential chair. - -Judge Barbour was a Virginia country gentleman, after the most -perfect model of that most respectable class--living on his ample -estate, baronially, with his family, his slaves, his flocks and -herds--all well cared for by himself, and happy in his care. -A farmer by position, a lawyer by profession, a politician of -course--dividing his time between his estate, his library, his -professional, and his public duties--scrupulously attentive to -his duties in all: and strict in that school of politics of which -Mr. Jefferson, Mr. Madison, John Taylor of Caroline, Mr. Monroe, -Mr. Macon, and others, were the great exemplars. A friend to -order and economy in his private life, he carried the same noble -qualities into his public stations, and did his part to administer -the government with the simplicity and purity which its founders -intended for it. - - - - -CHAPTER LVIII. - -PRESIDENTIAL ELECTION. - - -Mr. Van Buren was the democratic candidate. His administration -had been so acceptable to his party, that his nomination in a -convention was a matter of form, gone through according to custom, -but the result commanded by the party in the different States in -appointing their delegates. Mr. Richard M. Johnson, the actual -Vice-President, was also nominated for re-election; and both -nominations were made in conformity to the will of the people who -sent the delegates. On the part of the whigs the same nominations -were made as in the election of 1836--General William Henry Harrison -of Ohio, for President; and Mr. John Tyler of Virginia, for -Vice-President. The leading statesmen of the whig party were again -passed by to make room for a candidate more sure of being elected. -The success of General Jackson had turned the attention of those who -managed the presidential nominations to military men, and an "odor -of gunpowder" was considered a sufficient attraction to rally the -masses, without the civil qualifications, or the actual military -fame which General Jackson possessed. Availability, to use their -own jargon, was the only ability which these managers asked--that -is, available for the purposes of the election, and for their own -advancement, relying on themselves to administer the government. Mr. -Clay, the prominent man, and the undisputed head of the party, was -not deemed available; and it was determined to set him aside. How to -do it was the question. He was a man of too much power and spirit to -be rudely thrust aside. Gentle, and respectful means were necessary -to get him out of the way; and for that purpose he was concertedly -importuned to withdraw from the canvass. He would not do so, but -wrote a letter submitting himself to the will of the convention. -When he did so he certainly expected an open decision--a vote in -open convention--every delegate acting responsibly, and according to -the will of his constituents. Not so the fact. He submitted himself -to the convention: the convention delivered him to a committee: the -committee disposed of him in a back chamber. It devised a process -for getting at a result, which is a curiosity in the chapter of -ingenious inventions--which is a study for the complication of its -machinery--a model contrivance of the few to govern many--a secure -way to produce an intended result without showing the design, and -without leaving a trace behind to show what was done: and of which -none but itself can be its own delineator: and, therefore, here it -is: - - "_Ordered_, That the delegates from each State be requested to - assemble as a delegation, and appoint a committee, not exceeding - three in number, to receive the views and opinions of such - delegation, and communicate the same to the assembled committees - of all the delegations, to be by them respectively reported to - their principals; and that thereupon the delegates from each - State be requested to assemble as a delegation, and ballot for - candidates for the offices of President and Vice-President, - and having done so, to commit the ballot designating the votes - of each candidate, and by whom given, to its committee; and - thereupon all the committees shall assemble and compare the - several ballots, and report the result of the same to their - several delegations, together with such facts as may bear upon - the nomination; and said delegation shall forthwith re-assemble - and ballot again for candidates for the above offices, and - again commit the result to the above committees, and if it - shall appear that a majority of the ballots are for any one man - for candidate for President, said committee shall report the - result to the convention for its consideration; but if there - shall be no such majority, then the delegations shall repeat - the balloting until such a majority shall be obtained, and then - report the same to the convention for its consideration. That - the vote of a majority of each delegation shall be reported - as the vote of that State; and each State represented here - shall vote its full electoral vote by such delegation in the - committee." - -As this View of the Thirty Years is intended to show the working -of our political system, and how things _were_ done still more -than _what_ was done; and as the election of chief magistrate is -the highest part of that working; and as the party nomination of -a presidential candidate is the election of that candidate so far -as the party is concerned: in all these points of view, the device -of this resolution becomes historical, and commends itself to the -commentators upon our constitution. The people are to elect the -President. Here is a process through multiplied filtrations by which -the popular sentiment is to be deduced from the masses, collected -in little streams, then united in one swelling current, and poured -into the hall of the convention--no one seeing the source, or -course of any one of the streams. Algebra and alchemy must have -been laid under contribution to work out a quotient from such a -combination of signs and symbols. But it was done. Those who set -the sum could work it: and the quotient was political death to Mr. -Clay. The result produced was--for General Scott, 16 votes: for Mr. -Clay, 90 votes: for General Harrison, 148 votes. And as the law -of these conventions swallows up all minorities in an ascertained -majority, so the majority for General Harrison swallowed up the 106 -votes given to Mr. Clay and General Scott, made them count for the -victor, presenting him as the unanimity candidate of the convention, -and the defeated candidate and all their friends bound to join in -his support. And in this way the election of 1840 was effected! a -process certainly not within the purview of those framers of the -constitution, who supposed they were giving to a nation the choice -of its own chief magistrate. - -From the beginning it had been foreseen that there was to be an -embittered contest--the severest ever known in our country. Two -powers were in the field against Mr. Van Buren, each strong within -itself, and truly formidable when united--the whole whig party, -and the large league of suspended banks, headed by the Bank of the -United States--now criminal as well as bankrupt, and making its -last struggle for a new national charter in the effort to elect -a President friendly to it. In elections as in war money is the -sinew of the contest, and the broken and suspended banks were in -a condition, and a temper, to furnish that sinew without stint. -By mutual support they were able to make their notes pass as -money; and, not being subject to redemption, it could be furnished -without restraint, and with all the good will of a self-interest -in putting down the democratic party, whose hard-money policy, -and independent treasury scheme, presented it as an enemy to -paper money and delinquent banks. The influence of this moneyed -power over its debtors, over presses, over travelling agents, was -enormous, and exerted to the uttermost, and in amounts of money -almost fabulous; and in ways not dreamed of. The mode of operating -divided itself into two general classes, one coercive--addressed to -the business pursuits and personal interests of the community: the -other seductive, and addressed to its passions. The phrases given -out in Congress against the financial policy of the administration -became texts to speak upon, and hints to act upon. Carrying out the -idea that the re-election of Mr. Van Buren would be the signal -for the downfall of all prices, the ruin of all industry, and -the destruction of all labor, the newspapers in all the trading -districts began to abound with such advertisements as these: "_The -subscriber will pay six dollars a barrel for flour if Harrison is -elected, and three dollars if Van Buren is._" "_The subscriber -will pay five dollars a hundred for pork if Harrison is elected, -and two and a half if Van Buren is._" And so on through the whole -catalogue of marketable articles, and through the different kinds -of labor: and these advertisements were signed by respectable men, -large dealers in the articles mentioned, and well able to fix the -market price for them. In this way the result of the election was -brought to bear coercively upon the business, the property, and -the pecuniary interest of the people. The class of inducements -addressed to the passions and imaginations of the people were such -as history blushes to record. Log-cabins, coonskins, and hard cider -were taken as symbols of the party, and to show its identification -with the poorest and humblest of the people: and these cabins were -actually raised in the most public parts of the richest cities, -ornamented with coonskins after the fashion of frontier huts, and -cider drank in them out of gourds in the public meetings which -gathered about them: and the virtues of these cabins, these skins, -and this cider were celebrated by travelling and stationary orators. -The whole country was put into commotion by travelling parties -and public gatherings. Steamboats and all public conveyances were -crowded with parties singing doggerel ballads made for the occasion, -accompanied with the music of drums, fifes, and fiddles; and incited -by incessant speaking. A system of public gatherings was got up -which pervaded every State, county and town--which took place by -day and by night, accompanied by every preparation to excite; and -many of which gatherings were truly enormous in their numbers--only -to be estimated by the acre; attempts at counting or computing such -masses being out of the question. The largest of these gatherings -took place at Dayton, in the State of Ohio, the month before the -election; and the description of it, as given by its enthusiastic -friends, will give a vivid idea of that monster assemblage, and of -the myriads of others of which it was only the greatest--differing -in degree only, not in kind: - - "Dayton, the whole body there assembled in convention covered - _ten acres_ by actual measurement! And at no time were there - more than two-thirds of the people on the ground. Every house - with a flag was a hotel without price--the strings of every - door being out, and every latch unfastened! _One hundred - thousand!_ It were useless to attempt any thing like a detailed - description of this _grand gathering of the people_. We _saw_ - it all--_felt_ it all--and shall bear to our graves, live we - yet half a century, the impression it made upon our hearts. But - we cannot describe it. No eye that witnessed it, can convey to - the mind of another, even a faint semblance of the things it - there beheld. The bright and glorious day--the beautiful and - hospitable city--the green-clad and heaven-blessed valley--the - thousand flags, fluttering in every breeze and waving from - every window--the ten thousand banners and badges, with their - appropriate devices and patriotic inscriptions--and, more than - all, the hundred thousand human hearts beating in that dense - and seething mass of people--are things which those alone can - properly feel and appreciate, who beheld this grandest spectacle - of time. _The number of persons present_ was, during the whole - of the morning, variously estimated at from seventy-five to - ninety thousand. Conjecture, however, was put to rest in the - afternoon, at the speakers' stand. Here, while the crowd was - compact, as we have elsewhere described it, and during the - speech of General Harrison, the ground upon which it stood - was measured by three different civil engineers, and allowing - to the square yard four persons, the following results were - arrived at: the first made it 77,600, the second 75,000, and - the third 80,000. During the time of making three measurements, - the number of square yards of surface covered was continually - changing, by pressure without and resistance from within. Mr. - Van Buren and his wiseacre assistants, have so managed currency - matters, that we have very little to do business with. We can, - therefore, be away from home, a portion of the time, as well as - at home. And with respect to our families, _when we leave upon - a rally, we take them with us_! Our wives and daughters, we are - proud to say, have the blood of their revolutionary mothers and - grandmothers coursing through their veins. There is no man among - us whose heart is more filled and animated than theirs, by the - spirit of seventy-six. Look at the three hundred and fifty at - Nashville, who invited Henry Clay, the nation's pride, to be - with them and their husbands and brothers on the 15th of August! - Look at the four hundred at St. Louis, the nine hundred at the - Tippecanoe battle-ground, the five thousand at Dayton! What - now, but the spirit of seventy-six, does all this manifest? - Ay, and _what tale does it all tell_? Does it not say, that the - wicked charlatanry, and mad ambition, and selfish schemings, - of the leading members of this administration of the general - government, have made themselves felt in the very sanctum - sanctorum of domestic life? Does it not speak of the cheerless - hearth, where willing hands sit without employment? Does it - not speak of the half-recompensed toil of the worn laborer, - who finds, now and then, a week's hard work, upon the scant - proceeds of which he must subsist himself and his family for a - month! Does it not speak of empty larders in the town, while the - garners of the country are overflowing? Does it not speak of - want here and abundance there, without any medium of exchange - to equalize the disparity? Does it not speak of a general - disorganization of conventional operations--of embarrassment, - stagnation, idleness, and despondency--whose 'malign influences' - have penetrated the inner temples of man's home, and aroused, to - indignant speech and unusual action, her who is its peace, its - gentleness, its love, its all but divinity? The truth is--and it - should be told--the women are the very life and soul of these - movements of the people. Look at their liberal preparations at - Nashville. Look at their boundless hospitality at Dayton. Look - at their ardor and activity every where. And last, though far - from the least important, look at their presence, in hundreds - and by thousands, wherever there is any good to be done, to - animate and encourage, and urge on their fathers, husbands and - brothers. Whence those six hundred and forty-four flags, whose - stars and stripes wave in the morning breeze, from nearly every - house-top, as we enter the beautiful little city of Dayton? From - the hand of woman. Whence the decorations of these porticoes - and balconies, that gleam in the rising sun, as we ride through - the broad and crowded streets? From the hand of woman. Whence - this handsome and proudly cherished banner, under which the - Ohio delegation returned from Nashville, and which now marks - the head-quarters of the Cincinnati delegation of one thousand - to Dayton? From the hand of woman. Whence yon richly wrought - and surpassingly beautiful standard, about which cluster the - Tippecanoe hosts, and whose production has cost many weeks - of incessant labor? From the hand of woman. And to come down - to less poetical but more substantial things, whence all the - wholesome viands prepared in the six hundred and forty-four - flag-houses around us, for our refreshment, and all the pallets - spread for our repose? From the hand of woman." - -By arts like these the community was worked up into a delirium, and -the election was carried by storm. Out of 294 electoral votes Mr. -Van Buren received but 60: out of twenty-six States he received -the votes of only seven. He seemed to have been abandoned by the -people! On the contrary he had been unprecedentedly supported by -them--had received a larger popular vote than ever had been given -to any President before! and three hundred and sixty-four thousand -votes more than he himself had received at the previous presidential -election when he beat the same General Harrison fourteen thousand -votes. Here was a startling fact, and one to excite inquiry in the -public mind. How could there be such overwhelming defeat with such -an enormous increase of strength on the defeated side? This question -pressed itself upon every thinking mind; and it was impossible to -give it a solution consistent with the honor and purity of the -elective franchise. For, after making all allowance for the greater -number of voters brought out on this occasion than at the previous -election by the extraordinary exertions now made to bring them out, -yet there would still be required a great number to make up the five -hundred and sixty thousand votes which General Harrison received -over and above his vote of four years before. The belief of false -and fraudulent votes was deep-seated, and in fact susceptible of -proof in many instances. Many thought it right, for the sake of -vindicating the purity of elections, to institute a scrutiny into -the votes; but nothing of the kind was attempted, and on the second -Wednesday in February, 1841, all the electoral votes were counted -without objection--General Harrison found to have a majority of -the whole number of votes given--and Messrs. Wise and Cushing on -the part of the House and Mr. Preston on the part of the Senate, -were appointed to give him the formal notification of his election. -Mr. Tyler received an equal number of votes with him, and became -Vice-president: Mr. Richard M. Johnson fell twelve votes behind -Mr. Van Buren, receiving but 48 electoral votes. It was a complete -rout of the democratic party, but without a single moral effect of -victory. The spirit of the party ran as high as ever, and Mr. Van -Buren was immediately, and generally, proclaimed the democratic -candidate for the election of 1844. - - - - -CHAPTER LIX. - -CONCLUSION OF MR. VAN BUREN'S ADMINISTRATION. - - -The last session of the Twenty-sixth Congress was barren of -measures, and necessarily so, as being the last of an administration -superseded by the popular voice, and soon to expire; and therefore -restricted by a sense of propriety, during the brief remainder -of its existence, to the details of business and the routine of -service. But his administration had not been barren of measures, nor -inauspicious to the harmony of the Union. It had seen great measures -adopted, and sectional harmony conciliated. The divorce of Bank and -State, and the restoration of the constitutional currency, were -illustrious measures, beneficial to the government and the people; -and the benefits of which will continue to be felt as long as they -shall be kept. One of them dissolved a meretricious connection, -disadvantageous to both parties, and most so to the one that should -have suffered least, and was made to suffer most. The other carried -back the government to what it was intended to be--re-established it -as it was in the first year of Washington's administration--made it -in fact a hard-money government, giving solidity to the Treasury, -and freeing the government and the people from the revulsions and -vicissitudes of the paper system. No more complaints about the -currency and the exchanges since that time. Unexampled prosperity -has attended the people; and the government, besides excess of -solid money in time of peace, has carried on a foreign war, three -thousand miles from home, with its securities above par during the -whole time: a felicitous distinction, never enjoyed by our country -before, and seldom by any country of the world. These two measures -constitute an era in the working of our government, entitled to a -proud place in its history, on which the eye of posterity may look -back with gratitude and admiration. - -His administration was auspicious to the general harmony, and -presents a period of remarkable exemption from the sectional -bitterness which had so much afflicted the Union for some years -before--and so much more sorely since. Faithful to the sentiments -expressed in his inaugural address, he held a firm and even course -between sections and parties, and passed through his term without -offence to the North or the South on the subject of slavery. He -reconciled South Carolina to the Union--received the support of -her delegation in Congress--saw his administration receive the -approving vote of her general assembly--and counted her vote -among those which he received for the presidency--the first -presidential vote which she had given in twelve years. No President -ever had a more difficult time. Two general suspensions of the -banks--one at the beginning, and the other towards the close of -his administration--the delinquent institutions in both instances -allying themselves with a great political party--were powerful -enough to derange and distress the business of the country, and -unscrupulous enough to charge upon his administration the mischiefs -which themselves created. Meritorious at home, and in his internal -policy, his administration was equally so in its foreign relations. -The insurrection in Canada, contemporaneous with his accession to -the presidency, made a crisis between the United States and Great -Britain, in which he discharged his high duties with equal firmness, -skill, and success. The border line of the United States, for a -thousand miles, was in commotion to join the insurgent Canadians. -The laws of neutrality, the duties of good neighborhood, our own -peace (liable to be endangered by lawless expeditions from our -shores), all required him to repress this commotion. And faithfully -he did so, using all the means--judicial and military--which the -laws put in his hands; and successfully for the maintenance of -neutrality, but with some personal detriment, losing much popular -favor in the border States from his strenuous repression of aid -to a neighboring people, insurging for liberty, and militarily -crushed in the attempt. He did his duty towards Great Britain by -preventing succor from going to her revolted subjects; and when -the scene was changed, and her authorities did an injury to us by -the murder of our citizens, and the destruction of a vessel on -our own shore--the case of the Caroline at Schlosser--he did his -duty to the United States by demanding redress; and when one of -the alleged perpetrators was caught in the State where the outrage -had been committed, he did his duty to that State by asserting her -right to punish the infraction of her own laws. And although he did -not obtain the redress for the outrage at Schlosser, yet it was -never _refused_ to him, nor the right to redress _denied_, nor the -outrage itself _assumed_ by the British government as long as his -administration lasted. Respected at home, his administration was -equally so abroad. Cordially supported by his friends in Congress, -he was equally so by his cabinet, and his leading newspaper, the -Washington Globe. Messrs. Forsyth, Secretary of State--Woodbury of -the Treasury--Poinsett of War--Paulding of the Navy--Kendall and -John M. Niles, Postmasters-general--and Butler, Grundy and Gilpin, -successive Attorneys-general--were all harmonious and efficient -co-operators. With every title to respect, and to public confidence, -he was disappointed of a second election, but in a canvass which had -had no precedent, and has had no imitation; and in which an increase -of 364,000 votes on his previous election, attests an increase of -strength which fair means could not have overcome. - - - - -ADMINISTRATION OF WILLIAM HENRY HARRISON. - - - - -CHAPTER LX. - -INAUGURATION OF PRESIDENT HARRISON: HIS CABINET--CALL OF -CONGRESS--AND DEATH. - - -March the 4th, at twelve o'clock, the Senate met in its chamber, -as summoned to do by the retiring President, to be ready for the -inauguration of the President elect, and the transaction of such -executive business as he should bring before it. The body was quite -full, and was called to order by the secretary, Mr. Asbury Dickens; -and Mr. King, of Alabama, being elected temporary President of the -Senate, administered the oath of office to the Vice-president elect, -John Tyler, Esq., who immediately took the chair as President of -the Senate. The scene in the chamber was simple and impressive. The -senators were in their seats: members of the House in chairs. The -justices of the Supreme Court, and the foreign diplomatic corps -were in the front semicircle of chairs, on the floor of the Senate. -Officers of the army and navy were present--many citizens--and -some ladies. Every part of the chamber and galleries were crowded, -and it required a vigilant police to prevent the entrance of more -than the allotted number. After the Vice-president elect had -taken his seat, and delivered to the Senate over which he was -to preside a well-conceived, well-expressed, and well-delivered -address, appropriately brief, a short pause and silence ensued. The -President elect entered, and was conducted to the seat prepared for -him in front of the secretary's table. The procession was formed -and proceeded to the spacious eastern portico, where seats were -placed, and the ceremony of the inauguration was to take place. An -immense crowd, extending far and wide, stood closely wedged on the -pavement and enclosed grounds in front of the portico. The President -elect read his inaugural address, with animation and strong voice, -and was well heard at a distance. As an inaugural address, it was -confined to a declaration of general principles and sentiments; -and it breathed a spirit of patriotism which adversaries, as well -as friends, admitted to be sincere, and to come from the heart. -After the conclusion of the address, the chief justice of the -Supreme Court of the United States, Mr. Taney, administered the oath -prescribed by the constitution: and the ceremony of inauguration was -at an end. - -The Senate returned to its chamber, and having received a message -from the President with the nominations for his cabinet, immediately -proceeded to their consideration; and unanimously confirmed the -whole. They were: Daniel Webster, Secretary of State; Thomas Ewing, -Secretary of the Treasury; John Bell, Secretary at War; George E. -Badger, Secretary of the Navy; Francis Granger, Postmaster-general; -John J. Crittenden, Attorney-general. - -On the 17th of March, the President issued a proclamation, convoking -the Congress in extraordinary session for the 31st day of May -ensuing. The proclamation followed the usual form in not specifying -the immediate, or direct, cause of the convocation. It merely -stated, "That sundry and weighty matters, principally growing out -of the condition of the revenue and finances of the country, appear -to call for the convocation of Congress at an earlier day than its -next annual session, and thus form an extraordinary occasion which, -in the judgment of the President, rendered it necessary for the two -Houses to convene as soon as practicable." - -President Harrison did not live to meet the Congress which he -had thus convoked. Short as the time was that he had fixed for -its meeting, his own time upon earth was still shorter. In the -last days of March he was taken ill: on the fourth day of April -he was dead--at the age of 69; being one year under the limit -which the psalmist fixed for the term of manly life. There was no -failure of health or strength to indicate such an event, or to -excite apprehension that he would not go through his term with -the vigor with which he commenced it. His attack was sudden, and -evidently fatal from the beginning. A public funeral was given -him, most numerously attended, and the body deposited in the -Congress vault--to wait its removal to his late home at North -Bend, Ohio;--whither it was removed in the summer. He was a man of -infinite kindness of heart, affectionate to the human race,--of -undoubted patriotism, irreproachable integrity both in public and -private life; and of a hospitality of disposition which received -with equal welcome in his house the humblest and the most exalted of -the land. - -The public manifestations of respect to the memory of the deceased -President, were appropriate and impressive, and co-extensive with -the bounds of the Union. But there was another kind of respect which -his memory received, more felt than expressed, and more pervading -than public ceremonies: it was the regret of the nation, without -distinction of party: for it was a case in which the heart could -have fair play, and in which political opponents could join with -their adversaries in manifestations of respect and sorrow. Both -the deceased President, and the Vice-president, were of the same -party, elected by the same vote, and their administrations expected -to be of the same character. It was a case in which no political -calculation could interfere with private feeling; and the national -regret was sincere, profound, and pervading. Gratifying was the -spectacle to see a national union of feeling in behalf of one who -had been so lately the object of so much political division. It was -a proof that there can be political opposition without personal -animosity. - -General Harrison was a native of Virginia, son of a signer of the -Declaration of Independence, and a descendant of the "regicide" -Harrison who sat on the trial of Charles I. - -In the course of the first session of Congress after the death of -General Harrison--that session which convened under his call--the -opportunity presented itself to the author of this View to express -his personal sentiments with respect to him. President Tyler, in -his message, recommended a grant of money to the family of the -deceased President "in consideration of his expenses in removing -to the seat of government, and the limited means which he had left -behind;" and a bill had been brought into the Senate accordingly, -taking one year's presidential salary ($25,000) as the amount of -the grant. Deeming this proceeding entirely out of the limits of -the constitution--against the policy of the government--and the -commencement of the monarchical system of providing for families, -Mr. Benton thus expressed himself at the conclusion of an argument -against the grant: - -"Personally I was friendly to General Harrison, and that at a time -when his friends were not so numerous as in his last days; and if -I had needed any fresh evidences of the kindness of his heart, I -had them in his twice mentioning to me, during the short period of -his presidency, that, which surely I should never have mentioned -to him--the circumstance of my friendship to him when his friends -were fewer. I would gladly now do what would be kind and respectful -to his memory--what would be liberal and beneficial to his most -respectable widow; but, to vote for this bill! that I cannot do. -High considerations of constitutional law and public policy forbid -me to do so, and command me to make this resistance to it, that -a mark may be made--a stone set up--at the place where this new -violence was done to the constitution--this new page opened in the -book of our public expenditures; and this new departure taken, -which leads into the bottomless gulf of civil pensions and family -gratuities." - -The deceased President had been closely preceded, and was rapidly -followed, by the deaths of almost all his numerous family of sons -and daughters. A worthy son survives (John Scott Harrison, Esq.), a -most respectable member of Congress from the State of Ohio. - - - - -ADMINISTRATION OF JOHN TYLER. - - - - -CHAPTER LXI. - -ACCESSION OF THE VICE-PRESIDENT TO THE PRESIDENCY. - - -The Vice-president was not in Washington when the President died: he -was at his residence in lower Virginia: some days would necessarily -elapse before he could arrive. President Harrison had not been -impressed with the probable fatal termination of his disease, and -the consequent propriety of directing the Vice-president to be sent -for. His cabinet could not feel themselves justified in taking such -a step while the President lived. Mr. Tyler would feel it indelicate -to repair to the seat of government, of his own will, on hearing the -report of the President's illness. The attending physicians, from -the most proper considerations, held out hopes of recovery to near -the last; but, for four days before the event, there was a pervading -feeling in the city that the President would not survive his attack. -His death left the executive government for some days in a state -of interregnum. There was no authority, or person present, legally -empowered to take any step; and so vital an event as a change in -the chief magistrate, required the fact to be formally and publicly -verified. In the absence of Congress, and the Vice-president, the -members of the late cabinet very properly united in announcing the -event to the country, and in despatching a messenger of state to Mr. -Tyler, to give him the authentic information which would show the -necessity of his presence at the seat of government. He repaired -to it immediately, took the oath of office, before the Chief Judge -of the Circuit Court of the District of Columbia, William Cranch, -Esquire; and appointed the late cabinet for his own. Each was -retained in the place held under his predecessor, and with the -strongest expressions of regard and confidence. - -Four days after his accession to the presidency, Mr. Tyler issued an -address, in the nature of an inaugural, to the people of the United -States, the first paragraph of which was very appropriately devoted -to his predecessor, and to the circumstances of his own elevation to -the presidential chair. That paragraph was in these words: - - "Before my arrival at the seat of government, the painful - communication was made to you, by the officers presiding over - the several departments, of the deeply regretted death of - WILLIAM HENRY HARRISON, late President of the United States. - Upon him you had conferred your suffrages for the first office - in your gift, and had selected him as your chosen instrument to - correct and reform all such errors and abuses as had manifested - themselves from time to time, in the practical operations of - the government. While standing at the threshold of this great - work, he has, by the dispensation of an all-wise Providence, - been removed from amongst us, and by the provisions of the - constitution, the efforts to be directed to the accomplishing - of this vitally important task have devolved upon myself. - This same occurrence has subjected the wisdom and sufficiency - of our institutions to a new test. For the first time in our - history, the person elected to the Vice-presidency of the United - States, by the happening of a contingency provided for in the - constitution, has had devolved upon him the presidential - office. The spirit of faction, which is directly opposed to - the spirit of a lofty patriotism, may find in this occasion - for assaults upon my administration. And in succeeding, under - circumstances so sudden and unexpected, and to responsibilities - so greatly augmented, to the administration of public affairs, - I shall place in the intelligence and patriotism of the people, - my only sure reliance.--My earnest prayer shall be constantly - addressed to the all-wise and all-powerful Being who made me, - and by whose dispensation I am called to the high office of - President of this confederacy, understandingly to carry out the - principles of that constitution which I have sworn 'to protect, - preserve, and defend.'" - -Two blemishes were seen in this paragraph, the first being in that -sentence which spoke of the "errors and abuses" of the government -which his predecessor had been elected to "correct and reform;" -and the correction and reformation of which now devolved upon -himself. These imputed errors and abuses could only apply to the -administrations of General Jackson and Mr. Van Buren, of both which -Mr. Tyler had been a zealous opponent; and therefore might not be -admitted to be an impartial judge. Leaving that out of view, the bad -taste of such a reference was palpable and repulsive. The second -blemish was in that sentence in which he contrasted the spirit of -"faction" with the spirit of "lofty patriotism," and seemed to -refer in advance all the "assaults" which should be made upon his -administration, to this factious spirit, warring upon elevated -patriotism. Little did he think when he wrote that sentence, that -within three short months--within less time than a commercial bill -of exchange usually has to run, the great party which had elected -him, and the cabinet officers which he had just appointed with such -warm expressions of respect and confidence, should be united in -that assault! should all be in the lead and van of a public outcry -against him! The third paragraph was also felt to be a fling at -General Jackson and Mr. Van Buren, and therefore unfit for a place -in a President's message, and especially in an inaugural address. It -was the very periphrasis of the current party slang against General -Jackson, plainly visible through the transparent hypothetical guise -which it put on; and was in these words: - - "In view of the fact, well avouched by history, that the - tendency of all human institutions is to concentrate power in - the hands of a single man, and that their ultimate downfall - has proceeded from this cause, I deem it of the most essential - importance that a complete separation should take place between - the sword and the purse. No matter where or how the public - moneys shall be deposited, so long as the President can exert - the power of appointing and removing, at his pleasure, the - agents selected for their custody, the commander-in-chief of - the army and navy is in fact the treasurer. A permanent and - radical change should therefore be decreed. The patronage - incident to the presidential office, already great, is - constantly increasing. Such increase is destined to keep pace - with the growth of our population, until, without a figure of - speech, an army of officeholders may be spread over the land. - The unrestrained power exerted by a selfishly ambitious man, - in order either to perpetuate his authority or to hand it over - to some favorite as his successor, may lead to the employment - of all the means within his control to accomplish his object. - The right to remove from office, while subjected to no just - restraint, is inevitably destined to produce a spirit of - crouching servility with the official corps, which in order - to uphold the hand which feeds them, would lead to direct and - active interference in the elections, both State and federal, - thereby subjecting the course of State legislation to the - dictation of the chief executive officer, and making the will of - that officer absolute and supreme." - -This phrase of "purse and sword," once so appropriately used by -Patrick Henry, in describing the powers of the federal government, -and since so often applied to General Jackson, for the removal of -the deposits, could have no other aim than a fling at him; and the -abuse of patronage in removals and appointments to perpetuate power, -or hand it over to a favorite, was the mere repetition of the slang -of the presidential canvass, in relation to General Jackson and Mr. -Van Buren. - -Departing from the usual reserve and generalization of an inaugural, -this address went into a detail which indicated the establishment of -a national bank, or the re-charter of the defunct one, masked and -vitalized under a Pennsylvania State charter. That paragraph ran -thus: - - "The public interest also demands that, if any war has existed - between the government and the currency, it shall cease. - Measures of a financial character, now having the sanction of - legal enactment, shall be faithfully enforced until repealed by - the legislative authority. But I owe it to myself to declare - that I regard existing enactments as unwise and impolitic, and - in a high degree oppressive. I shall promptly give my sanction - to any constitutional measure which, originating in Congress, - shall have for its object the restoration of a sound circulating - medium, so essentially necessary to give confidence in all - the transactions of life, to secure to industry its just and - adequate rewards, and to re-establish the public prosperity. - In deciding upon the adaptation of any such measure to the end - proposed, as well as its conformity to the constitution, I shall - resort to the fathers of the great republican school for advice - and instruction, to be drawn from their sage views of our system - of government, and the light of their ever glorious example." - -The concluding part of this paragraph, in which the new President -declares that, in looking to the constitutionality and expediency -of a national bank, he should look for advice and instruction to -the example of the fathers of the Republic, he was understood as -declaring that he would not be governed by his own former opinions -against a national bank, but by the example of Washington, a signer -of the constitution (who signed the charter of the first national -bank); and by the example of Mr. Madison, another signer of the -constitution, who, yielding to precedent and the authority of -judicial decisions, had signed the charter for the second bank, -notwithstanding his early constitutional objections to it. In other -parts of the paragraph he was considered as declaring in favor -of the late United States Bank, as in the previous part of the -paragraph where he used the phrases which had become catch-words in -the long contest with that bank--"war upon the currency"--"sound -circulating medium"--"restoration of national prosperity;" &c., &c. -He was understood to express a preference for the re-charter of -that institution. And this impression was well confirmed by other -circumstances--his zealous report in favor of that bank when acting -as volunteer chairman to the Senate's committee which was sent -to examine it--his standing a canvass in a presidential election -in which the re-charter of that bank, though concertedly blinked -in some parts of the Union, was the understood vital issue every -where--his publicly avowed preference for its notes over gold, at -Wheeling, Virginia--the retention of a cabinet, pledged to that -bank, with expressions of confidence in them, and in terms that -promised a four years' service together--and his utter condemnation -in other parts of his inaugural and in all his public speeches, of -every other plan (sub-treasury, state banks, revival of the gold -currency), which had been presented as remedies for the financial -and currency disorders. All these circumstances and declarations -left no doubt that he was not only in favor of a national bank, but -of re-chartering the late one; and that he looked to it, and to it -alone, for the "sound circulating medium" which he preferred to the -constitutional currency--for the keeping of those deposits which he -had condemned Jackson for removing from it--and for the restoration -of that national prosperity, which the imputed war upon the bank had -destroyed. - - - - -CHAPTER LXII. - -TWENTY-SEVENTH CONGRESS: FIRST SESSION: LIST OF MEMBERS, AND -ORGANIZATION OF THE HOUSE. - - -_Members of the Senate._ - -MAINE.--Reuel Williams, George Evans. - -NEW HAMPSHIRE.--Franklin Pierce, Levi Woodbury. - -VERMONT.--Samuel Prentis, Samuel Phelps. - -MASSACHUSETTS.--Rufus Choate, Isaac C. Bates. - -RHODE ISLAND.--Nathan F. Dixon, James F. Simmons. - -CONNECTICUT.--Perry Smith, Jaz. W. Huntington. - -NEW YORK.--Silas Wright, N. P. Tallmadge. - -NEW JERSEY.--Sam. L. Southard, Jacob W. Miller. - -PENNSYLVANIA.--James Buchanan, D. W. Sturgeon. - -DELAWARE.--Richard H. Bayard, Thomas Clayton. - -MARYLAND.--John Leeds Kerr, Wm. D. Merrick. - -VIRGINIA.--Wm. C. Rives, Wm. S. Archer. - -NORTH CAROLINA.--Wm. A. Graham, Willie P. Mangum. - -SOUTH CAROLINA.--Wm. C. Preston, John C. Calhoun. - -GEORGIA.--Alfred Cuthbert, John M. Berrien. - -ALABAMA.--Clement C. Clay, William R. King. - -MISSISSIPPI.--John Henderson, Robert J. Walker. - -LOUISIANA.--Alexander Mouton, Alexander Barrow. - -TENNESSEE.--A. O. P. Nicholson, Spencer Jarnagin, executive -appointment. Ephraim H. Foster. - -KENTUCKY.--Henry Clay, J. J. Morehead. - -OHIO.--William Allen, Benjamin Tappan. - -INDIANA.--Oliver H. Smith, Albert S. White. - -ILLINOIS.--Richard M. Young, Sam'l McRoberts. - -MISSOURI.--Lewis F. Linn, Thomas H. Benton. - -ARKANSAS.--Ambrose H. Sevier, William S. Fulton. - -MICHIGAN.--Augustus S. Porter, William Woodbridge. - - -_Members of the House._ - -MAINE.--Nathaniel Clifford, Wm. P. Fessenden, Benj. Randall, David -Bronson, Nathaniel Littlefield, Alfred Marshall, Joshua A. Lowell, -Elisha H. Allen. - -NEW HAMPSHIRE.--Tristram Shaw, Ira A. Eastman, Charles G. Atherton, -Edmund Burke, John R. Reding. - -VERMONT.--Hiland Hall, William Slade, Horace Everett, Augustus -Young, John Mattocks. - -MASSACHUSETTS.--Robert C. Winthrop, Leverett Saltonstall, Caleb -Cushing, Wm. Parmenter, Charles Hudson, Osmyn Baker, Geo. N. Briggs, -William B. Calhoun, Wm. S. Hastings, Nathaniel B. Borden, Barker -Burnell, John Quincy Adams. - -RHODE ISLAND.--Joseph L. Tillinghast, William B. Cranston. - -CONNECTICUT.--Joseph Trumbull, Wm. W. Boardman, Thomas W. Williams, -Thos. B. Osborne, Truman Smith, John H. Brockway. - -NEW YORK.--Chas. A. Floyd, Joseph Egbert, John McKeon, James J. -Roosevelt, Fernando Wood, Chas. G. Ferris, Aaron Ward, Richard D. -Davis, James G. Clinton, John Van Buren, R. McClellan, Jacob Hauck, -jr., Hiram P. Hunt, Daniel D. Barnard, Archibald L. Lin, Bernard -Blair, Thos. A. Tomlinson, H. Van Rensselaer, John Sanford, Andrew -W. Doig, John G. Floyd, David P. Brewster, T. C. Chittenden, Sam. S. -Bowne, Samuel Gordon, John C. Clark, Lewis Riggs, Sam. Partridge, -Victory Birdseye, A. L. Foster, Christopher Morgan, John Maynard, -John Greig, Wm. M. Oliver, Timothy Childs, Seth M. Gates, John -Young, Stanley N. Clark, Millard Fillmore, ---- Babcock. - -NEW JERSEY.--John B. Aycrigg, John P. B. Maxwell, William Halsted, -Joseph F. Randolph, Joseph F. Stratton, Thos. Jones Yorke. - -PENNSYLVANIA.--Charles Brown, John Sergeant, George W. Tolland, -Charles Ingersoll, John Edwards, Jeremiah Brown, Francis James, -Joseph Fornance, Robert Ramsay, John Westbrook, Peter Newhard, -George M. Keim, Wm. Simonton, James Gerry, James Cooper, Amos -Gustine, James Irvine, Benj. Bidlack, John Snyder, Davis Dimock, -Albert G. Marchand, Joseph Lawrence, Wm. W. Irwin, William Jack, -Thomas Henry, Arnold Plumer. - -DELAWARE.--George B. Rodney. - -MARYLAND.--Isaac D. Jones, Jas. A. Pearce, James W. Williams, J. -P. Kennedy, Alexander Randall, Wm. Cost Johnson, John T. Mason, -Augustus R. Sollers. - -VIRGINIA.--Henry A. Wise, Francis Mallory, George B. Cary, John -M. Botts, R. M. T. Hunter, John Taliaferro, Cuthbert Powell, Linn -Banks, Wm. O. Goode, John W. Jones, E. W. Hubbard, Walter Coles, -Thomas W. Gilmer, Wm. L. Goggin, R. B. Barton, Wm. A. Harris, A. -H. H. Stuart, Geo. W. Hopkins, Geo. W. Summers, S. L. Hays, Lewis -Steinrod. - -NORTH CAROLINA.--Kenneth Rayner, John R. J. Daniel, Edward Stanly, -Wm. H. Washington, James J. McKay, Archibald Arrington, Edmund -Deberry, R. M. Saunders, Aug'e H. Shepherd, Abraham Rencher, Green -C. Caldwell, James Graham, Lewis Williams. - -SOUTH CAROLINA.--Isaac E. Holmes, William Butler, F. W. Pickens, -John Campbell, James Rogers, S. H. Butler, Thomas D. Sumter, R. -Barnwell Rhett, C. P. Caldwell. - -GEORGIA.--Rich'd W. Habersham, Wm. C. Dawson, Julius C. Alvord, -Eugenius A. Nisbet, Lott Warren, Thomas Butler King, Roger L. -Gamble, Jas. A. Merriwether, Thos. F. Foster. - -ALABAMA.--Reuben Chapman, Geo. S. Houston, Dixon H. Lewis, Benj. G. -Shields. - -MISSISSIPPI.--A. L. Bingaman, W. R. Harley. - -LOUISIANA.--Edward D. White, J. B. Dawson, John Moore. - -ARKANSAS.--Edward Cross. - -TENNESSEE.--Thomas D. Arnold, Abraham McClellan, Joseph L. Williams, -Thomas J. Campbell, Hopkins L. Turney, Wm. B. Campbell, Robert L. -Caruthers, Meredith P. Gentry, Harvey M. Watterson, Aaron V. Brown, -Cave Johnson, Milton Brown, Christopher H. Williams. - -KENTUCKY.--Linn Boyd, Philip Triplet, Joseph R. Underwood, Bryan W. -Owsley, John B. Thompson, Willis Green, John Pope, James C. Sprigg, -John White, Thomas F. Marshall, Landoff W. Andrews, Garret Davis, -William O. Butler. - -OHIO.--N. G. Pendleton, John B. Weller, Patrick G. Goode, Jeremiah -Morrow, William Doane, Calvary Morris, Wm. Russell, Joseph Ridgeway, -Wm. Medill, Samson Mason, B. S. Cowan, Joshua Matheot, James -Matthews, Geo. Sweeney, S. J. Andrews, Joshua R. Giddings; John -Hastings, Ezra Dean, Sam. Stockley. - -INDIANA.--George W. Proffit, Richard W. Thompson, Joseph L. White, -James H. Cravens, Andrew Kennedy, David Wallace, Henry S. Lane. - -MISSOURI.--John Miller, John C. Edwards. - -MICHIGAN.--Jacob M. Howard. - -Mr. John White of Kentucky (whig), was elected Speaker of the House -over Mr. John W. Jones of Virginia, democratic. Mr. Matthew St. -Clair Clarke of Pennsylvania (whig), was elected clerk over Mr. -Hugh A. Garland of Virginia, democratic. The whigs had a majority of -near fifty in the House, and of seven in the Senate; so that all the -legislative, and the executive department of the government--the two -Houses of Congress and the President and cabinet--were of the same -political party, presenting a harmony of aspect frequently wanting -during the three previous administrations. Notwithstanding their -large majority, the whig party proceeded slowly in the organization -of the House in the adoption of rules for its proceeding. A -fortnight had been consumed in vain when Mr. Cushing, urgently, and -successfully exhorted his whig friends to action: - - "I say (continued Mr. Cushing) that it is our fault if this - House be disorganized. We are in the majority--we have a - majority of forty--and we are responsible to our country, to - the constitution, and to our God, for the discharge of our duty - here. It is our duty to proceed to the organization of the - House, to the transaction of the business for which the country - sent us here. And I appeal to the whig party on this floor that - they do their duty--that they act manfully and expeditiously, - and _that_, howsoever the House may organize, under whatever - rules, or under no rules at all; for I am prepared, if this - resolution be not adopted, to call upon the Speaker for the - second reading of a bill from the Senate, now upon the table, - and to move that we proceed with it under the parliamentary - law. We can go on under that. We are _a House_, with a speaker, - clerk, and officers; and whether we have rules or not is - immaterial. We can proceed as the Commons in England do. We can - act upon bills by referring them to a Committee of the Whole - on the state of the Union, or to select committees, if there - are no standing committees. And I am prepared, if the House - cannot be organized under the proposition now before us, for the - purpose of testing the question and enabling the country to see - whose fault it is that we do not go on with its business, to - call at once for the action of the House upon that bill under - the parliamentary law. Once more I appeal to the whig party, - for party lines, I see, are now about to be drawn; I appeal - to the whig party, to the friends of the administration--and - I recognize but one, and that is the administration of John - Tyler--that is the administration, and I recognize no other in - the United States at this time; I appeal to the administration - party, to the friends of the administration of John Tyler, that - at this hour they come to the rescue of their country, and - organize the House, under whatever rules: because, if we do not, - we shall become, as we are now becoming, the laughing-stock, the - scorn, the contempt of the people of these United States." - -The bill from the Senate, for action on which Mr. Cushing was so -impatient, and so ready to act without rules, was the one for -the repeal of the sub-treasury; whilom characterized by him as a -serpent hatched of a fowl's egg, (cockatrice); which the people -would trample into the dust. Under his urgent exhortation the House -soon organized, and made the repeal. Passed so promptly, this -repealing bill, with equal celerity, was approved and signed by the -President--leaving him in the first quarter of his administration -in full possession of that formidable sword and long purse, the -imputed union of which in the hands of General Jackson had been his -incontinent deprecation, even in his inaugural address. For this -repeal of the sub-treasury provided no substitute for keeping the -public moneys, and left them without law in the President's hands. - - - - -CHAPTER LXIII. - -FIRST MESSAGE OF MR. TYLER TO CONGRESS, AND MR. CLAY'S PROGRAMME -OF BUSINESS. - - -The first paragraph in the message related to the death of President -Harrison, and after a proper expression of respect and regret, it -went on to recommend a grant of money to his family, grounded on the -consideration of his expenses in removing to the seat of government, -and the limited means of his private fortune: - - "With this public bereavement are connected other considerations - which will not escape the attention of Congress. The - preparations necessary for his removal to the seat of - government, in view of a residence of four years, must have - devolved upon the late President heavy expenditures, which, - if permitted to burden the limited resources of his private - fortune, may tend to the serious embarrassment of his surviving - family; and it is therefore respectfully submitted to Congress, - whether the ordinary principles of justice would not dictate the - propriety of its legislative interposition." - -This recommendation was considered by many as being without the -pale of the constitution, and of dangerous precedent. With respect -to the limited means of which he spoke, the fact was alike true -and honorable to the late President. In public employment from -early life and during the greatest part of his life, no pecuniary -benefit had resulted to him. In situations to afford opportunities -for emolument, he availed himself of none. With immense amounts -of public money passing through his hands, it all went, not only -faithfully to its objects, but without leaving any profit behind -from its use. He lived upon his salaries, liberally dispensing -hospitality and charities, and with simplicity and economy in all -his habits. He used all that he received, and came out of office as -he entered it, and died poor. This, among the ancient Romans was a -commendable issue of a public career, to be mentioned with honor -at the funeral of an illustrious man: and should be so held by all -republican people. - -The message showed that President Tyler would not have convoked the -Congress in extra session had it not been done by his predecessor; -but being convoked he would not disturb the arrangement; and was -most happy to find himself so soon surrounded by the national -representation: - - "In entering upon the duties of this office, I did not feel that - it would be becoming in me to disturb what had been ordered by - my lamented predecessor. Whatever, therefore, may have been my - opinion originally as to the propriety of convening Congress at - so early a day from that of its late adjournment, I found a new - and controlling inducement not to interfere with the patriotic - desires of the late President, in the novelty of the situation - in which I was so unexpectedly placed. My first wish, under such - circumstances, would necessarily have been to have called to my - aid in the administration of public affairs, the combined wisdom - of the two Houses of Congress, in order to take their counsel - and advice as to the best mode of extricating the government and - the country from the embarrassments weighing heavily on both. I - am then most happy in finding myself so soon, after my accession - to the presidency, surrounded by the immediate representatives - of the States and people." - -The state of our foreign relations claimed but a brief paragraph. -The message stated that no important change had taken place in them -since the last session of Congress, and that the President saw -nothing to make him doubt the continuance of the peace with which -the country was blessed. He passed to home affairs: - - "In order to supply the wants of the government, an intelligent - constituency, in view of their best interests, will without - hesitation, submit to all necessary burdens. But it is, - nevertheless, important so to impose them as to avoid defeating - the just expectations of the country growing out of pre-existing - laws. The act of the 2d March, 1833, commonly called the - compromise act, should not be altered, except under urgent - necessities, which are not believed at this time to exist. - One year only remains to complete the series of reductions - provided for by that law, at which time provisions made by the - same, and which law then will be brought actively in aid of the - manufacturing interest of the Union, will not fail to produce - the most beneficial results." - -This compromise act of 1833, was drawing towards the close of its -career, and was proving itself to have been a complete illusion in -all the good it had promised, and a sad reality in all the ill that -had been predicted of it. It had been framed on the principle of -helping manufactures for nine years, and then to be a free trade -measure for ever after. The first part succeeded, and so well, -in keeping up high duties as to raise far more revenue than the -government needed: the second part left the government without -revenue for its current uses, and under the necessity of giving -up that uniform twenty per centum duty on the value of imports, -which was to have been the permanent law of our tariff; and which -never became law at all. In the meanwhile, the compromise having -provided for periodical reductions in the duties on imported sugars -and molasses, made no provision for proportionate reductions of -the drawback upon these articles when exported in the changed -shape of rum and refined sugars: and enormous sums were drawn from -the treasury by this omission in the compromise act--the great -refiners and rum distillers driving an immense capital into their -business for the mere purpose of getting the gratuitous drawbacks. -The author of this View endeavored to supply the omission at the -time, and repeatedly afterwards; but these efforts were resisted -by the advocates of the compromise until these gratuities becoming -enormous, rising from $2,000 per annum, to hundreds of thousands -per annum, and finally reaching five hundred thousand, they roused -the alarm of the government, and sunk under the enormity of their -abuse. Yet it was this compromise which was held too sacred to have -its palpable defects corrected, and the inviolability of which was -recommended to be preserved, that in addition to its other faults, -was making an annual present of some hundreds of thousands of -dollars to two classes of manufacturers. - -A bank of some kind was recommended, under the name of fiscal agent, -as necessary to facilitate the operations of the Treasury, to -promote the collection and disbursement of the public revenue, and -to supply a currency of uniform value. The message said: - - "In intimate connection with the question of revenue, is that - which makes provision for a suitable fiscal agent, capable of - adding increased facilities in the collection and disbursement - of the public revenues, rendering more secure their custody, - and consulting a true economy in the great multiplied and - delicate operations of the Treasury department. Upon such an - agent depends in an eminent degree, the establishment of a - currency of uniform value, which is of so great importance to - all the essential interests of society; and on the wisdom to be - manifested in its creation, much depends." - -These are the reasons which General Hamilton gave for asking the -establishment of the first national bank, in 1791, and which have -been given ever since, no matter with what variation of phraseology, -for the creation of a similar institution. This preference for -a bank, under a new name, was confirmed by the rejection of the -sub-treasury and hard-money currency, assumed by the message to -have been condemned by the people in the result of the presidential -election. Speaking of this system, it said: "_If carried through -all the stages of its transmutation, from paper and specie to -nothing but the precious metals, to say nothing of the insecurity -of the public moneys its injurious effects have been anticipated -by the country, in its unqualified condemnation._" The justice and -wisdom of this condemnation, thus inferred from the issue of the -presidential election, and carried as that election was (and as has -been described), has been tested by the experience of many years, -without finding that insecurity of the public moneys, and those -injurious effects which the message assumed. On the contrary those -moneys have been safely kept, and the public prosperity never as -great as under the Independent Treasury and the gold and silver -currency of the federal government: and long has it been since any -politician has allowed himself to be supposed to be against them. -Up to the date of that message then--up to the first day of the -extra session, 1841--Mr. Tyler may be considered as in favor of a -national bank, with its paper currency, and opposed to the gold -and silver currency, and the sub-treasury. A distribution of the -proceeds of the sales of the public lands was recommended as a -means of assisting the States in the payment of their debts, and -raising the price of their stocks in foreign markets. Repudiating -as unconstitutional, the federal assumption of the State debts, he -still recommended a grant of money from the public funds to enable -them to meet these debts. In this sense the message said: - - "And while I must repudiate, as a measure founded in error, and - wanting constitutional sanction, the slightest approach to an - assumption by this government of the debts of the States, yet I - can see in the distribution adverted to much to recommend it. - The compacts between the proprietor States and this government - expressly guarantee to the States all the benefits which may - arise from the sales. The mode by which this is to be effected - addresses itself to the discretion of Congress as the trustee - for the States, and its exercise, after the most beneficial - manner, is restrained by nothing in the grants or in the - constitution so long as Congress shall consult that equality - in the distribution which the compacts require. In the present - condition of some of the States, the question of distribution - may be regarded as substantially a question between direct and - indirect taxation. If the distribution be not made in some - form or other, the necessity will daily become more urgent - with the debtor States for a resort to an oppressive system - of direct taxation, or their credit, and necessarily their - power and influence, will be greatly diminished. The payment - of taxes, often the most inconvenient and oppressive mode, - will be exacted in place of contributions for the most part - voluntarily made, and therefore comparatively unoppressive. The - States are emphatically the constituents of this government, and - we should be entirely regardless of the objects held in view - by them, in the creation of this government, if we could be - indifferent to their good. The happy effects of such a measure - upon all the States, would immediately be manifested. With the - debtor States it would effect the relief to a great extent of - the citizens from a heavy burden of direct taxation, which - presses with severity on the laboring classes, and eminently - assist in restoring the general prosperity. An immediate advance - would take place in the price of the State securities, and the - attitudes of the States would become once more, as it should - ever be, lofty and erect. Whether such distribution should be - made directly to the States in the proceeds of the sales, or - in the form of profits by virtue of the operations of any - fiscal agency having those proceeds as its basis, should such - measure be contemplated by Congress, would well deserve its - consideration." - -Mr. Tyler, while a member of the democratic party, had been one of -the most strict in the construction of the constitution, and one of -the most vigilant and inflexible in bringing proposed measures to -the test of that instrument--repulsing the most insignificant if -they could not stand it. He had been one of the foremost against -the constitutionality of a national bank, and voting for a _scire -facias_ to vacate the charter of the last one soon after it was -established. Now, in recommending the grant of money to the family -of General Harrison--in recommending a bank under the name of fiscal -agent--in preferring a national paper currency--in condemning the -currency of the constitution--in proposing a distribution of the -land revenue--in providing for the payment of the State debts: -in all these recommendations he seemed to have gone far beyond -any other President, however latitudinarian. Add to this, he had -instituted an inquisition to sit upon the conduct of officers, to -hear and adjudge in secret; to the encouragement of informers and -debaters, and to the infringement of the liberty of speech, and the -freedom of opinion in the subordinates of the government. In view of -all this, the author of this work immediately exclaimed: - -"What times we have fallen upon! what wonders we witness! how -strange are the scenes of the day! We have a President, who has been -the foremost in the defence of the constitution, and in support of -the rights of the States--whose walk has been on the outward wall of -the constitution--his post in the front line of its defenders--his -seat on the topmost branches of the democratic tree. I will not -disparage the President by saying that he fought side by side with -me in defence of the constitution and the States, and against the -latitudinarians. It would be to wrong him to place him by my side. -His position, as guard of the constitution, was far ahead, and far -above mine. He was always in the advance--on the look-out--listening -and watching--snuffing danger in the first tainted breeze, and -making anticipated battle against the still invisible invader. -Hardly any thing was constitutional enough for him. This was but -a few brief years ago. Now we see the measures brought forward -in the very bud and first blossom of this administration, which -leave all former unconstitutional measures far in the rear--which -add subterfuge and evasion to open violence, and aim more deadly -wounds at the constitution than the fifty previous years of its -existence had brought upon it. I know not the sentiment of the -President upon these measures, except as disclosed by himself, and -say nothing to reach him; but I know the measures themselves--their -desperate character, and fatal issues: and I am free to say, if -such things can come to pass--if they can survive the double ordeal -of the House and the Senate--then there is an end of all that our -fathers contended for in the formation of the federal government. -To be sure, the machinery of government would still stand. We -should still have President, Congress, and a Judiciary--an army, a -navy--a taxing power, the tax-payers, the tax-gatherers, and the -tax-consumers. But, if such measures as these are to pass--a bill -to lavish the public lands on the (indebted) States in order to pay -their debts, supply their taxes, and raise the market price of their -stock--a contrivance to defraud the constitution, and to smuggle and -bribe a bank, though a national bank, through Congress, under the -_alius dictus_ of fiscal agent--the bill to commence the career of -civil pensions and family gratuities--the inquisitorial committee, -modelled on the plan of Sir Robert Walpole's committees of secrecy, -now sitting in the custom-house of New York, the terror of the -honest and the hope of the corrupt--the _ex post facto_ edict for -the creation of political offences, to be punished on suspicion in -_exparte_ trials--the schemes for the infringement of the liberty of -speech, and for the suppression of freedom of opinion, and for the -encouragement and reward of debaters and informers: if such schemes -and measures as these are to come to pass, then do I say that all -the guards and limitations upon our government are broken down! -that our limited government is gone! and a new, wild, and boundless -authority, substituted in its place. The new triumvirate--Bank, -Congress, and President--will then be supreme. Fraud and corruption, -more odious than arms and force, will rule the land. The -constitution will be covered with a black veil: and that derided and -violated instrument will never be referred to, except for the mock -sanction of a fraudulent interpretation, or the insulting ceremony -of a derisory adjuration." - -Mr. Tyler had delivered a message: Mr. Clay virtually delivered -another. In the first week of the session, he submitted a programme -of measures, in the form of a resolve, to be adopted by the Senate, -enumerating and declaring the particular subjects, to which he -thought the attention of Congress should be limited at this extra -session. The following was his programme: - - "_Resolved, as the opinion of the Senate_, That at the present - session of Congress, no business ought to be transacted, but - such as being of an important or urgent nature, may be supposed - to have influenced the extraordinary convention of Congress, - or such as that the postponement of it might be materially - detrimental to the public interest. - - "_Resolved, therefore, as the opinion of the Senate_, That the - following subjects ought first, if not exclusively, to engage - the deliberation of Congress, at the present session-- - - "1st. The repeal of the sub-treasury. - - "2d. The incorporation of a bank adapted to the wants of the - people and of the government. - - "3d. The provision of an adequate revenue for the government by - the imposition of duties, and including an authority to contract - a temporary loan to cover the public debt created by the last - administration. - - "4th. The prospective distribution of the proceeds of the public - lands. - - "5th. The passage of necessary appropriation bills; and - - "6th. Some modification of the banking system of the District of - Columbia, for the benefit of the people of the District. - - "_Resolved_, That it is expedient to distribute the business - proper to be done this session, between the Senate and House of - Representatives, so as to avoid both Houses acting on the same - subject, and at the same time." - -It was, probably, to this assumption over the business of -Congress--this recommendation of measures which Mr. Clay thought -ought to be adopted--that Mr. Cushing alluded in the House, when, in -urging the instant repeal of the sub-treasury act, he made occasion -to say that he recognized no administration but that of John Tyler. -As for the "public debt," here mentioned as being "created by the -last administration," it consisted of the treasury notes and loans -resorted to to supply the place of the revenue lost under the -descending scale of the compromise, and the amount taken from the -Treasury to bestow upon the States, under the fraudulent name of a -deposit. - - - - -CHAPTER LXIV. - -REPEAL OF THE INDEPENDENT TREASURY ACT - - -This was the first measure of the new dominant party, and pursued -with a zeal that bespoke a resentment which required gratification, -and indicated a criminal which required punishment. It seemed to -be considered as a malefactor which had just fallen into the hands -of justice, and whose instant death was necessary to expiate his -offences. Mr. Clay took the measure into his own charge. It was No. -1, in his list of bills to be passed; and the bill brought in by -himself, was No. 1, on the Senate's calendar; and it was rapidly -pushed on to immediate decision. The provisions of the bill were -as summary as the proceedings upon it were rapid. It provided for -instant repeal--to take effect as soon as passed, although it was -in full operation all over the United States, and the officers at a -distance, charged with its execution, could not know of the repeal -until ten or twelve days after the event, and during all which time -they would be acting without authority; and, consequently, without -official liability for accident or misconduct. No substitute was -provided; and when passed, the public moneys were to remain without -legal guardianship until a substitute should be provided--intended -to be a national bank; but a substitute which would require time to -pass it, whether a bank or some other measure. These considerations -were presented, but presented in vain to an impatient majority. -A respite of a few days, for the act to be known before it took -effect, was in vain urged. In vain was it urged that promulgation -was part of a law: that no statute was to take effect until it -was promulgated; and that time must be allowed for that essential -formality. The delay of passing a substitute was urged as certain: -the possibility of not passing one at all, was suggested: and then -the reality of that alarm of danger to the Treasury--the union of -the purse and the sword--which had so haunted the minds of senators -at the time of the removal of the deposits; and which alarm, -groundless then, was now to have a real foundation. All in vain. The -days of the devoted act were numbered: the sun was not to set upon -it alive: and late in the evening of a long and hot day in June, -the question was called, with a refusal upon yeas and nays by the -majority, to allow a postponement until the next day for the purpose -of debate. Thus, refused one night's postponement, Mr. Benton, -irritated at such unparliamentary haste, and at the unmeasured terms -of abuse which were lavished upon the doomed act, rose and delivered -the speech, of which some extracts are given in the next chapter. - -In the progress of this bill a clause was proposed by Mr. Benton to -exclude the Bank of the United States from becoming a depository of -public moneys, under the new order of things which the repeal of -the Sub-treasury system would bring about; and he gave as a reason, -her criminal and corrupt conduct, and her insolvent condition. The -clause was rejected by a strict party vote, with the exception of -Mr. Archer--who voted for the exclusion. The repeal bill was carried -in the Senate by a strict party vote: - - YEAS--Messrs. Archer, Barrow, Bates, Bayard, Berrien, Choate, - Clay of Kentucky, Clayton, Dixon, Evans, Graham, Henderson, - Huntington, Ker, Mangum, Merrick, Miller, Morehead, Phelps, - Porter, Prentiss, Preston, Rives, Simmons, Smith of Indiana, - Southard, Tallmadge, White, and Woodbridge--29. - - NAYS--Messrs. Allen, Benton, Calhoun, Clay of Alabama, - Fulton, King, McRoberts, Nicholson, Pierce, Sevier, Smith of - Connecticut, Sturgeon, Tappan, Walker, Williams, Woodbury, - Wright, and Young--18. - -In the House the repeal was carried by a decided vote--134 to 87. -The negative voters were: - - Messrs. Archibald H. Arrington, Charles G. Atherton, Linn - Banks, Henry W. Beeson, Benjamin A. Bidlack, Samuel S. Bowne, - Linn Boyd, Aaron V. Brown, Charles Brown, Edmund Burke, Sampson - H. Butler, William O. Butler, Green W. Caldwell, Patrick C. - Caldwell, George B. Cary, Reuben Chapman, Nathan Clifford, - James G. Clinton, Walter Coles, Edward Cross, John R. J. - Daniel, Richard D. Davis, John B. Dawson, Ezra Dean, William - Doan, Andrew W. Doig, John C. Edwards, Joseph Egbert, Charles - G. Ferris, John G. Floyd, Charles A. Floyd, Joseph Fornance, - William O. Goode, Samuel Gordon, Amos Gustine, William A. - Harris, John Hastings, Samuel L. Hays, Isaac E. Holmes, George - W. Hopkins, Jacob Houck, jr., George S. Houston, Edmund W. - Hubard, Robert M. T. Hunter, Charles J. Ingersoll, Wiliam - Jack, Cave Johnson, John W. Jones, George M. Keim, Andrew - Kennedy, Dixon H. Lewis, Nathaniel S. Littlefied, Joshua A. - Lowell, Abraham McClellan, Robert McClellan, James J. McKay, - Albert G. Marchand, Alfred Marshall, John Thompson Mason, - James Mathews, William Medill, John Miller, William M. Oliver, - William Parmenter, Samuel Patridge, William W. Payne, Francis - W. Pickens, Arnold Plumer, John R. Reding, Lewis Riggs, James - Rogers, James I. Roosevelt, John Sanford, Romulus M. Saunders, - Tristram Shaw, Benjamin G. Shields, John Snyder, C. Sprigg, - Lewis Steenrod, Hopkins L. Turney, John Van Buren, Aaron Ward, - Harvey M. Watterson, John B. Weller, John Westbrook, James W. - Williams, Fernando Wood. - - - - -CHAPTER LXV. - -REPEAL OF THE INDEPENDENT TREASURY ACT: MR. BENTON'S SPEECH. - - -The lateness of the hour, the heat of the day, the impatience of -the majority, and the determination evinced to suffer no delay -in gratifying the feeling which demanded the sacrifice of the -Independent Treasury system, shall not prevent me from discharging -the duty which I owe to the friends and authors of that system, and -to the country itself, by defending it from the unjust and odious -character which clamor and faction have fastened upon it. A great -and systematic effort has been made to cry down the sub-treasury by -dint of clamor, and to render it odious by unfounded representations -and distorted descriptions. It seems to have been selected as a -subject for an experiment at political bamboozling; and nothing is -too absurd, too preposterous, too foreign to the truth, to be urged -against it, and to find a lodgment, as it is believed, in the minds -of the uninformed and credulous part of the community. It is painted -with every odious color, endowed with every mischievous attribute, -and made the source and origin of every conceivable calamity. Not a -vestige of the original appears; and, instead of the old and true -system which it revives and enforces, nothing is seen but a new and -hideous monster, come to devour the people, and to destroy at once -their liberty, happiness and property. In all this the opponents of -the system copy the conduct of the French jacobins of the year '89, -in attacking the veto power reserved to the king. The enlightened -historian, Thiers, has given us an account of these jacobinical -experiments upon French credulity; and we are almost tempted to -believe he was describing, with the spirit of prophecy, what we have -seen taking place among ourselves. He says that, in some parts of -the country, the people were taught to believe that the veto was a -tax, which ought to be abolished; in others, that it was a criminal, -which ought to be hung; in others again, that it was a monster, -which ought to be killed; and in others, that it was a power in the -king to prevent the people from eating or drinking. As a specimen -of this latter species of imposition which was attempted upon the -ignorant, the historian gives a dialogue which actually took place -between a jacobin politician and a country peasant in one of the -remote departments of France, and which ran in about these terms: -"_My friend, do you know what the veto is?_" "_I do not._" "_Then -I will tell you what it is. It is this: You have some soup in your -porringer; you are going to eat it; the king commands you to empty -it on the ground, and you must instantly empty it on the ground: -that is the veto!_" This, said Mr. B. is the account which an -eminent historian gives us of the means used to bamboozle ignorant -peasants and to excite them against a constitutional provision in -France, made for their benefit, and which only arrested legislation -till the people could speak; and I may say that means little short -of such absurdity and nonsense have been used in our country to -mislead and deceive the people, and to excite them against the -sub-treasury here. - -It is my intention, said Mr. B., to expose and to explode these -artifices; to show the folly and absurdity of the inventions which -were used to delude the people in the country, and which no senator -of the opposite party will so far forget himself as to repeat here; -and to exhibit the independent treasury as it is--not as a new and -hurtful measure just conceived; but as an old and salutary law, -fallen into disuse in evil times, and now revived and improved for -the safety and advantage of the country. - -What is it, Mr. President, which constitutes the system called and -known by the name of the sub-treasury, or the independent treasury? -It is two features, and two features alone, which constitute the -system--all the rest is detail--and these two features are borrowed -and taken from the two acts of Congress of September first, and -September the second, 1789; the one establishing a revenue system, -and the other establishing a treasury department for the United -States. By the first of these acts, and by its 30th section, gold -and silver coin alone was made receivable in payments to the United -States; and by the second of them, section four, the treasurer of -the United States is made the receiver, the keeper, and the payer, -of the moneys of the United States, to the exclusion of banks, of -which only three then existed. By these two laws, the first and the -original financial system of the United States was established; -and they both now stand upon the statute book, unrepealed, and in -full legal force, except in some details. By these laws, made in -the first days of the first session of the first Congress, which -sat under the constitution, gold and silver coin only was made the -currency of the federal treasury, and the treasurer of the United -States was made the fiscal agent to receive, to keep, and to pay -out that gold and silver coin. This was the system of Washington's -administration; and as such it went into effect. All payments to -the federal government were made in gold and silver; all such money -paid remained in the hands of the treasurer himself, until he paid -it out; or in the hands of the collectors of the customs, or the -receivers of the land offices, until he drew warrants upon them in -favor of those to whom money was due from the government. Thus it -was in the beginning--in the first and happy years of Washington's -administration. The money of the government was hard money; and -nobody touched that money but the treasurer of the United States, -and the officers who collected it; and the whole of these were -under bonds and penalties for their good behavior, subject to the -lawful orders and general superintendence of the Secretary of the -Treasury and the President of the United States, who was bound to -see the laws faithfully executed. The government was then what it -was made to be--a hard-money government. It was made by hard-money -men, who had seen enough of the evils of paper money and wished to -save their posterity from such evils in future. The money was hard, -and it was in the hands of the officers of the government--those -who were subject to the orders of the government--and not in the -hands of those who were only subject to requisitions--who could -refuse to pay, protest a warrant, tell the government to sue, and -thus go to law with the government for its own money. The framers -of the constitution, and the authors of the two acts of 1789, had -seen enough of the evils of the system of requisitions under the -confederation to warn them against it under the constitution. -They determined that the new government should keep its own hard -money, as well as collect it; and thus the constitution, the law, -the practice under the law, and the intentions of the hard-money -and independent treasury men, were all in harmony, and in full, -perfect, and beautiful operation, under the first years of General -Washington's administration. All was right, and all was happy and -prosperous, at the commencement. - -But the spoiler came! General Hamilton was Secretary of the -Treasury. He was the advocate of the paper system, the banking -system, and the funding system, which were fastened upon England by -Sir Robert Walpole, in his long and baneful administration under -the first and second George. General Hamilton was the advocate of -these systems, and wished to transplant them to our America. He -exerted his great abilities, rendered still more potent by his high -personal character, and his glorious revolutionary services, to -substitute paper money for the federal currency, and banks for the -keepers of the public money; and he succeeded to the extent of his -wishes. The hard-money currency prescribed by the act of September -1st, 1789, was abolished by construction, and by a Treasury order -to receive bank notes; the fiscal agent for the reception, the -keeping, and the disbursement of the public moneys, consisting of -the treasurer, and his collectors and receivers, was superseded by -the creation of a national bank, invested with the privilege of -keeping the public moneys, paying them out, and furnishing supplies -of paper money for the payment of dues to the government. Thus, the -two acts of 1789 were avoided, or superseded; not repealed, but -only avoided and superseded by a Treasury order to receive paper, -and a bank to keep it and pay it out. From this time paper money -became the federal currency, and a bank the keeper of the federal -money. It is needless to pursue this departure farther. The bank -had its privileges for twenty years--was succeeded in them by local -banks--they superseded by a second national bank--it again by local -banks--and these finally by the independent treasury system--which -was nothing but a return to the fundamental acts of 1789. - -This is the brief history--the genealogy rather--of our fiscal -agents; and from this it results, that after more than forty years -of departure from the system of our forefathers--after more than -forty years of wandering in the wilderness of banks, local and -national--after more than forty years of wallowing in the slough of -paper money, sometimes sound, sometimes rotten--we have returned -to the point from which we sat out--hard money for our Federal -Treasury; and our own officers to keep it. We returned to the acts -of '89, not suddenly and crudely, but by degrees, and with details, -to make the return safe and easy. The specie clause was restored, -not by a sudden and single step, but gradually and progressively, to -be accomplished in four years. The custody of the public moneys was -restored to the treasurer and his officers; and as it was impossible -for him to take manual possession of the moneys every where, a -few receivers-general were given to him to act as his deputies, -and the two mints in Philadelphia and New Orleans (proper places -to keep money, and their keys in the hands of our officers), were -added to his means of receiving and keeping them. This return to -the old acts of '89 was accomplished in the summer of 1840. The old -system, with a new name, and a little additional organization, has -been in force near one year. It has worked well. It has worked both -well and easy, and now the question is to repeal it, and to begin -again where General Hamilton started us above forty years ago, and -which involved us so long in the fate of banks and in the miseries -and calamities of paper money. The gentlemen on the other side of -the House go for the repeal; we against it; and this defines the -position of the two great parties of the day--one standing on ground -occupied by General Hamilton and the federalists in the year '91; -the other standing on the ground occupied at the same time by Mr. -Jefferson and the democracy. - -The democracy oppose the repeal, because this system is proved by -experience to be the safest, the cheapest, and the best mode of -collecting the revenues, and keeping and disbursing the public -moneys, which the wisdom of man has yet invented. It is the safest -mode of collecting, because it receives nothing but gold and silver, -and thereby saves the government from loss by paper money, preserves -the standard of value, and causes a supply of specie to be kept in -the country for the use of the people and for the support of the -sound part of the banks. It is the cheapest mode of keeping the -moneys; for the salaries of a few receivers are nothing compared -to the cost of employing banks; for banks must be paid either by a -per centum, or by a gross sum, or by allowing them the gratuitous -use of the public money. This latter method has been tried, and has -been found to be the dearest of all possible modes. The sub-treasury -is the safest mode of keeping, for the receivers-general are our -officers--subject to our orders--removable at our will--punishable -criminally--suable civilly--and bound in heavy securities. It is -the best mode; for it has no interest in increasing taxes in order -to increase the deposits. Banks have this interest. A national -bank has an interest in augmenting the revenue, because thereby it -augmented the public deposits. The late bank had an average deposit -for near twenty years of eleven millions and a half of public money -in the name of the treasurer of the United States, and two millions -and a half in the names of public officers. It had an annual average -deposit of fourteen millions, and was notoriously in favor of all -taxes, and of the highest tariffs, and was leagued with the party -which promoted these taxes and tariffs. A sub-treasury has no -interest of this kind, and in that particular alone presents an -immense advantage over any bank depositories, whether a national -institution or a selection of local banks. Every public interest -requires the independent treasury to be continued. It is the old -system of '89. The law for it has been on our statute-book for -fifty-two years. Every citizen who is under fifty-two years old has -lived all his life under the sub-treasury law, although the law -itself has been superseded or avoided during the greater part of the -time. Like the country gentleman in Moliere's comedy, who had talked -prose all his life without knowing it, every citizen who is under -fifty-two has lived his life under the sub-treasury law--under -the two acts of '89 which constitute it, and which have not been -repealed. - -We are against the repeal; and although unable to resist it here, -we hope to show to the American people that it ought not to be -repealed, and that the time will come when its re-establishment will -be demanded by the public voice. - -Independent of our objections to the merits of this repeal, stands -one of a preliminary character, which has been too often mentioned -to need elucidation or enforcement, but which cannot be properly -omitted in any general examination of the subject. We are about to -repeal one system without having provided another, and without even -knowing what may be substituted, or whether any substitute whatever -shall be agreed upon. Shall we have any, and if any, what? Shall it -be a national bank, after the experience we have just had of such -institutions? Is it to be a nondescript invention--a fiscality--or -fiscal agent--to be planted in this District because we have -exclusive jurisdiction here, and which, upon the same argument, -may be placed in all the forts and arsenals, in all the dock-yards -and navy-yards, in all the lighthouses and powder magazines, and -in all the territories which the United States now possess, or may -hereafter acquire? We have exclusive jurisdiction over all these; -and if, with this argument, we can avoid the constitution in these -ten miles square, we can also avoid it in every State, and in every -territory of the Union. Is it to be the pet bank system of 1836, -which, besides being rejected by all parties, is an impossibility in -itself? Is it to be the lawless condition of the public moneys, as -gentlemen denounced it, which prevailed from October, 1833, when the -deposits were removed from the Bank of the United States, till June, -1836, when the State bank deposit system was adopted; and during all -which time we could hear of nothing but the union of the purse and -the sword, and the danger to our liberties from the concentration -of all power in the hands of one man? Is it to be any one of these, -and which? And if neither, then are the two acts of '89, which have -never been repealed--which have only been superseded by temporary -enactments, which have ceased, or by treasury constructions which no -one can now defend--are these two acts to recover their vitality -and vigor, and again become the law of the land, as they were in -the first years of General Washington's administration, and before -General Hamilton overpowered them? If so, we are still to have the -identical system which we now repeal, with no earthly difference but -the absence of its name, and the want of a few of its details. Be -all this as it may--let the substitute be any thing or nothing--we -have still accomplished a great point by the objection we have -taken to the repeal before the substitute was produced, and by the -vote which we took upon that point yesterday. We have gained the -advantage of cutting gentlemen off from all plea for adopting their -baneful schemes, founded upon the necessity of adopting something, -because we have nothing. By their own vote they refuse to produce -the new system before they abolish the old one. By their own vote -they create the necessity which they deprecate; and having been -warned in time, and acting with their eyes open, they cannot make -their own conduct a plea for adopting a bad measure rather than -none. If Congress adjourns without any system, and the public moneys -remain as they did from 1833 to 1836, the country will know whose -fault it is; and gentlemen will know what epithets to apply to -themselves, by recollecting what they applied to General Jackson -from the day the deposits were removed until the deposit act of '36 -was passed. - -Who demands the repeal of this system? Not the people of the United -States; for there is not a solitary petition from the farmers, the -mechanics, the productive classes, and the business men, against -it. Politicians who want a national bank, to rule the country, and -millionary speculators who want a bank to plunder it--these, to be -sure, are clamorous for the repeal; and for the obvious reasons -that the present system stands in the way of their great plans. -But who else demands it? Who else objects to either feature of the -sub-treasury--the hard-money feature, or the deposit of our own -moneys with our own officers? Make the inquiry--pursue it through -its details--examine the community by classes, and see who objects. -The hard-money feature is in full force. It took full effect at -once in the South and West, because there were no bank-notes in -those quarters of the Union of the receivable description: it took -full effect in New York and New England, because, having preserved -specie payments, specie was just as plenty in that quarter as -paper money; and all payments were either actually or virtually -in hard money. It was specie, or its equivalent. The hard-money -clause then went into operation at once, and who complained of -it? The payers of the revenue? No, not one of them. The merchants -who pay the duties have not complained; the farmers who buy the -public lands have not complained. On the contrary, they rejoice; -for hard-money payments keep off the speculator, with his bales of -notes borrowed from banks, and enable the farmer to get his land -at a fair price. The payers of the revenue then do not complain. -How stands it with the next most interested class--the receivers of -money from the United States? Are they dissatisfied at being paid -in gold and silver? And do they wish to go back to the depreciated -paper--the shinplasters--the compound of lampblack and rags--which -they received a few years ago? Put this inquiry to the meritorious -laborer who is working in stone, in wood, earth, and in iron for you -at this moment. Ask him if he is tired of hard-money payments, and -wishes the independent treasury system repealed, that he may get a -chance to receive his hard-earned wages in broken bank-notes again. -Ask the soldier and the mariner the same question. Ask the salaried -officer and the contractor the same question. Ask ourselves here if -we wish it--we who have seen ourselves paid in gold for years past, -after having been for thirty years without a sight of that metal. -No, sir, no. Neither the payers of money to the government, nor the -receivers of money from the government, object to the hard-money -clause in the sub-treasury act. How is it then with the body of -the people--the great mass of the productive and business classes? -Do they object to the clause? Not at all. They rejoice at it: for -they receive, at second-hand, all that comes from the government. -No officer, contractor, or laborer, eats the hard money which he -receives from the government, but pays it out for the supplies which -support his family: it all goes to the business and productive -classes: and thus the payments from the government circulate from -hand to hand, and go through the whole body of the people. Thus the -whole body of the productive classes receive the benefit of the -whole amount of the government hard-money payments. Who is it then -that objects to it? Broken banks, and their political confederates, -are the clamorers against it. Banks which wish to make their paper a -public currency: politicians who wish a national bank as a machine -to rule the country. These banks, and these politicians, are the -sole clamorers against the hard-money clause in the sub-treasury -system: they alone clamor for paper money. And how is it with the -other clause--the one which gives the custody of the public money -to the hands of our own officers, bound to fidelity by character, -by official position, by responsibility, by ample securityship--and -makes it felony in them to touch it for their own use? Here is a -clear case of contention between the banks and the government, -or between the clamorers for a national bank and the government. -These banks want the custody of the public money. They struggle and -strive for it as if it was their own. They fight for it: and if they -get it, they will use it as their own--as we all well know; and -refuse to render back when they choose to suspend. Thus, the whole -struggle for the repeal resolves itself into a contest between the -government, and all the productive and business classes on one side, -and the federal politicians, the rotten part of the local banks, and -the advocates of a national bank on the other. - -Sir, the independent treasury has been organized: I say, organized! -for the law creating it is fifty-two years old--has been organized -in obedience to the will of the people, regularly expressed through -their representatives after the question had been carried to them, -and a general election had intervened. The sub-treasury system was -proposed by President Van Buren in 1837, at the called session: it -was adopted in 1840, after the question had been carried to the -people, and the elections made to turn upon it. It was established, -and clearly established, by the will of the people. Have the people -condemned it? Have they expressed dissatisfaction? By no means. -The presidential election was no test of this question; nor of any -question. The election of General Harrison was effected by the -combination of all parties to pull down one party, without any unity -among the assailants on the question of measures. A candidate was -agreed upon by the opposition for whom all could vote. Suppose a -different selection had been made, and an eminent whig candidate -taken, and he had been beaten two to one (as would probably have -been the case): what then would have been the argument? Why, that -the sub-treasury, and every other measure of the democracy, had -been approved, two to one. The result of the election admits of -no inference against this system; and could not, without imputing -a heedless versatility to the people, which they do not possess. -Their representatives, in obedience to their will, and on full three -years' deliberation, established the system--established it in July, -1840: is it possible that, within four months afterwards--in the -month of November following--the same people should condemn their -own work? - -But the system is to be abolished; and we are to take our chance -for something, or nothing, in place of it. The abolition is to take -place incontinently--incessantly--upon the instant of the passage of -the bill! such is the spirit which pursues it! such the revengeful -feeling which burns against it! And the system is still to be -going on for a while after its death--for some days in the nearest -parts, and some weeks in the remotest parts of the Union. The -receiver-general in St. Louis will not know of his official death -until ten days after he shall have been killed here. In the mean -time, supposing himself to be alive, he is acting under the law; and -all he does is without law, and void. So of the rest. Not only must -the system be abolished before a substitute is presented, but before -the knowledge of the abolition can reach the officers who carry it -on; and who must continue to receive, and pay out public moneys for -days and weeks after their functions have ceased, and when all their -acts have become illegal and void. - -Such is the spirit which pursues the measure--such the vengeance -against a measure which has taken the money of the people from -the moneyed corporations. It is the vengeance of the banking -spirit against its enemy--against a system which deprives soulless -corporations of their rich prey. Something must rise up in the place -of the abolished system until Congress provides a substitute; and -that something will be the nest of local banks which the Secretary -of the Treasury may choose to select. Among these local banks -stands that of the Bank of the United States. The repeal of the -sub-treasury has restored that institution to its capacity to -become a depository of the public moneys: and well, and largely has -she prepared herself to receive them. The Merchants' Bank in New -Orleans, her agent there; her branch in New York under the State -law; and her branches and agencies in the South and in the West: all -these subordinates, already prepared, enable her to take possession -of the public moneys in all parts of the Union. That she expected -to do so we learn from Mr. Biddle, who considered the attempted -resumption in January last as unwise, because, in showing the broken -condition of his bank, her claim to the deposits would become -endangered. Mr. Biddle shows that the deposits were to have been -restored; that, while in a state of suspension, his bank was as good -as any. _De noche todas los gatos son pardos._ So says the Spanish -proverb. In the dark, all the cats are grey--all of one color: the -same of banks in a state of suspension. And in this darkness and -assimilation of colors, the Bank of the United States has found -her safety and security--her equality with the rest, and her fair -claim to recover the keeping of the long-lost deposits. The attempt -at resumption exposed her emptiness, and her rottenness--showed -her to be the whited sepulchre, filled with dead men's bones. -Liquidation was her course--the only honest--the only justifiable -course. Instead of that she accepts new terms (just completed) from -the Pennsylvania legislatures--affects to continue to exist as a -bank: and by treating Mr. Biddle as the Jonas of the ship, when the -whole crew were Jonases, expects to save herself by throwing him -overboard. That bank is now, on the repeal of the sub-treasury, -on a level with the rest for the reception of the public moneys. -She is legally in the category of a public depository, under the -act of 1836, the moment she resumes: and when her notes are shaved -in--a process now in rapid movement--she may assert and enforce her -right. She may resume for a week, or a month, to get hold of the -public moneys. By the repeal, the public deposits, so far as law is -concerned, are restored to the Bank of the United States. When the -Senate have this night voted the repeal, they have also voted the -restoration of the deposits; and they will have done it wittingly -and knowingly, with their eyes open, and with a full perception -of what they were doing. When they voted down my proposition of -yesterday--a vote in which the whole opposition concurred, except -the senator from Virginia who sits nearest me (Mr. Archer)--when -they voted down that proposition to exclude the Bank of the United -States from the list of future deposit banks, they of course -declared that she ought to remain upon the list, with the full -right to avail herself of her privilege under the revived act of -1836. In voting down that proposition, they voted up the prostrate -bank of Mr. Biddle, and accomplished the great object of the panic -of 1833-'34--that of censuring General Jackson, and of restoring -the deposits. The act of that great man--one of the most patriotic -and noble of his life--the act by which he saved forty millions -of dollars to the American people--is reversed. The stockholders -and creditors of the institution lose above forty millions, which -the people otherwise would have lost. They lose the whole stock, -thirty-five millions--for it will not be worth a straw to those -who keep it: and the vote of the bank refusing to show their list -of debtors--suppressing, hiding and concealing--the rotten list -of debts--(in which it is mortifying to see a Southern gentleman -concurring)--is to enable the initiated jobbers and gamblers to -shove off their stock at some price on ignorant and innocent -purchasers. The stockholders lose the thirty-five millions capital: -they lose the twenty per centum advance upon that capital, at which -many of the later holders purchased it; and which is near seven -millions more: they lose the six millions surplus profits which were -reported on hand: but which, perhaps, was only a _bank_ report: and -the holders of the notes lose the twenty to thirty per centum, which -is now the depreciation of the notes of the bank--soon to be much -more. These losses make some fifty millions of dollars. They now -fall on the stockholders, and note-holders: where would they have -fallen if the deposits had not been removed? They would have fallen -upon the public treasury--upon the people of the United States: -for the public is always the goose that is to be first plucked. -The public money would have been taken to sustain the bank: taxes -would have been laid to uphold her: the high tariff would have been -revived for her benefit. Whatever her condition required would have -been done by Congress. The bank, with all its crimes and debts--with -all its corruptions and plunderings--would have been saddled upon -the country--its charter renewed--and the people pillaged of the -more than forty millions of dollars which have been lost. Congress -would have been enslaved: and a new career of crime, corruption, -and plunder commenced. The heroic patriotism of President Jackson -saved us from this shame and loss: but we have no Jackson to save us -now; and millionary plunderers--devouring harpies--foul birds, and -voracious as foul--are again to seize the prey which his brave and -undaunted arm snatched from their insatiate throats. - -The deposits are restored, so far as the vote of the Senate goes; -and if not restored in fact, it will be because policy, and new -schemes forbid it. And what new scheme can we have? A nondescript, -hermaphrodite, Janus-faced fiscality? or a third edition of General -Hamilton's bank of 1791? or a bastard compound, the unclean progeny -of both? Which will it be? Hardly the first named. It comes forth -with the feeble and rickety symptoms which announce an unripe -conception, and an untimely death. Will it be the second? It will -be that, or worse. And where will the late flatterers--the present -revilers of Mr. Biddle--the authors equally of the bank that is -ruined, and of the one that is to be created: where will they find -better men to manage the next than they had to manage the last? I -remember the time when the vocabulary of praise was exhausted on Mr. -Biddle--when in this chamber, and out of it, the censer, heaped with -incense, was constantly kept burning under his nose: when to hint -reproach of him was to make, if not a thousand chivalrous swords -leap from their scabbards, at least to make a thousand tongues, -and ten thousand pens, start up to defend him. I remember the time -when a senator on this floor, and now on it (Mr. Preston of South -Carolina), declared in his place that the bare annunciation of Mr. -Biddle's name as Secretary of the Treasury, would raise the value -of the people's property one hundred millions of dollars. My friend -here on my right (pointing to Senator Woodbury) was the Secretary -of the Treasury; and the mere transposition of names and places--the -mere substitution of Biddle for Woodbury--was to be worth one -hundred millions of dollars to the property of the country! What -flattery could rise higher than that? Yet this man, once so -lauded--once so followed, flattered, and courted--now lies condemned -by all his former friends. They cannot now denounce sufficiently -the man who, for ten years past, they could not praise enough: and, -after this, what confidence are we to have in their judgments? -What confidence are we to place in their new bank, and their new -managers, after seeing such mistakes about the former? - -Let it not be said that this bank went to ruin since it became a -State institution. The State charter made no difference in its -character, or in its management: and Mr. Biddle declared it to be -stronger and safer without the United States for a partner than -with it. The mortal wounds were all given while it was a national -institution; and the late report of the stockholders shows not one -species of offence, the cotton speculations alone excepted, which -was not shown by Mr. Clayton's report of 1832; and being shown, -was then defended by the whole power of those who are now cutting -loose from the old bank, and clamoring for a new one. Not an act -now brought to light, save and except the cotton operation, not -even that for which Reuben M. Whitney was crushed to death, and -his name constituted the synonyme of perjury and infamy for having -told it; not an act now brought to light which was not shown to -exist ten years ago, and which was not then defended by the whole -federal party; so that the pretension that this institution did -well as a national bank, and ill as a State one, is as unfounded -in fact, as it is preposterous and absurd in idea. The bank was in -the high road to ruin--in the gulf of insolvency--in the slough of -crime and corruption--when the patriot Jackson signed the veto, -and ordered the removal of the deposits; and nothing but these two -great acts saved the people from the loss of the forty millions of -dollars which have now fallen upon the stockholders and the note -holders, and from the shame of seeing their government the slave and -instrument of the bank. Jackson saved the people from this loss, -and their government from this degradation; and for this he is now -pursued with the undying vengeance of those whose schemes of plunder -and ambition were balked by him. - -Wise and prudent was the conduct of those who refused to recharter -the second Bank of the United States. They profited by the error -of their friends who refused to recharter the first one. These -latter made no preparations for the event--did nothing to increase -the constitutional currency--and did not even act until the last -moment. The renewed charter was only refused a few days before the -expiration of the existing charter, and the federal government fell -back upon the State banks, which immediately sunk under its weight. -The men of 1832 acted very differently. They decided the question -of the renewal long before the expiration of the existing charter. -They revived the gold currency, which had been extinct for thirty -years. They increased the silver currency by repealing the act -of 1819 against the circulation of foreign silver. They branched -the mints. In a word, they raised the specie currency from twenty -millions to near one hundred millions of dollars; and thus supplied -the country with a constitutional currency to take the place of the -United States Bank notes. The supply was adequate, being nearly ten -times the average circulation of the national bank. That average -circulation was but eleven millions of dollars; the gold and silver -was near one hundred millions. The success of our measures was -complete. The country was happy and prosperous under it; but the -architects of mischief--the political, gambling, and rotten part -of the banks, headed by the Bank of the United States, and aided -by a political party--set to work to make panic and distress, to -make suspensions and revulsions, to destroy trade and business, -to degrade and poison the currency; to harass the country until -it would give them another national bank: and to charge all the -mischief they created upon the democratic administration. This has -been their conduct; and having succeeded in the last presidential -election, they now come forward to seize the spoils of victory in -creating another national bank, to devour the substance of the -people, and to rule the government of their country. Sir, the -suspension of 1837, on the part of the Bank of the United States -and its confederate banks and politicians, was a conspiracy and -a revolt against the government. The present suspension is a -continuation of the same revolt by the same parties. Many good banks -are overpowered by them, and forced into suspension; but with the -Bank of the United States, its affiliated banks, and its confederate -politicians, it is a revolt and a conspiracy against the government. - -Sir, it is now nightfall. We are at the end of a long day when -the sun is more than fourteen hours above the horizon, and when a -suffocating heat oppresses and overpowers the Senate. My friends -have moved adjournments: they have been refused. I have been -compelled to speak now, or never, and from this commencement we -may see the conclusion. Discussion is to be stifled; measures are -to be driven through; and a mutilated Congress, hastily assembled, -imperfectly formed, and representing the census of 1830, not of -1840, is to manacle posterity with institutions which are as -abhorent to the constitution as they are dangerous to the liberties, -the morals, and the property of the people. A national bank is to be -established, not even a simple and strong bank like that of General -Hamilton, but some monstrous compound, born of hell and chaos, more -odious, dangerous, and terrible than any simple bank could be. -Posterity is to be manacled, and delivered up in chains to this -deformed monster; and by whom? By a rump Congress, representing an -expired census of the people, in the absence of members from States -which, if they had their members here, would still have but the -one-third part of their proper weight in the councils of the Union. -The census of 1840 gives many States, and Missouri among the rest, -three times their present relative weight; and no permanent measure -ought to be discussed until this new relative weight should appear -in Congress. Why take the census every ten years, if an expiring -representation at the end of the term may reach over, and bind the -increased numbers by laws which claim immunity from repeal, and -which are rushed through without debate? Am I to submit to such -work? No, never! I will war against the bank you may establish, -whether a simple or a compound monster; I will war against it by -every means known to the constitution and the laws. I will vote for -the repeal of its charter as General Harrison and others voted for -the repeal of the late bank charter in 1819. I will promote _quo -warranto's and sci. fa.'s_ against it. I will oppose its friends -and support its enemies, and work at its destruction in every legal -and constitutional way. I will war upon it while I have breath; and -if I incur political extinction in the contest, I shall consider my -political life well sold--sold for a high price--when lost in such a -cause. - -But enough for the present. The question now before us is the -death of the sub-treasury. The discussion of the substitute is a -fair inquiry in this question. We have a right to see what is to -follow, and to compare it with what we have. But gentlemen withhold -their schemes, and we strike in the dark. My present purpose is to -vindicate the independent treasury system--to free it from a false -character--to show it to be what it is, nothing but the revival of -the two great acts of September the 1st and September the 2d, 1789, -for the collection, safe keeping, and disbursement of the public -moneys, under which this government went into operation; and under -which it operated safely and successfully until General Hamilton -overthrew it to substitute the bank and state system of Sir Robert -Walpole, which has been the curse of England, and towards which we -are now hurrying again with headlong steps and blindfold eyes. - - - - -CHAPTER LXVI. - -THE BANKRUPT ACT: WHAT IT WAS: AND HOW IT WAS PASSED. - - -It has been seen in Mr. Tyler's message that, as a measure of -his own administration, he would not have convened Congress in -extraordinary session; but this having been done by his predecessor, -he would not revoke his act. It was known that the call had been -made at the urgent instance of Mr. Clay. That ardent statesman -had so long seen his favorite measures baffled by a majority -opposition to them in one House or the other, and by the twelve -years presidency of General Jackson and Mr. Van Buren, that he -was naturally now impatient to avail himself of the advantage of -having all the branches of the government in their favor. He did -so without delay. Mr. Tyler had delivered his message recommending -the measures which he deemed proper for the consideration of -Congress: Mr. Clay did the same--that is to say, recommend his list -of measures to Congress also, not in the shape of a message, but -in the form of a resolve, submitted to the Senate; and which has -been given. A bankrupt act was not in his programme, nor in the -President's message; and it was well known, and that by evidence -less equivocal than its designed exclusion from his list of -measures, that Mr. Clay was opposed to such a bill. But parties were -so nearly balanced in the Senate, a deduction of two or three from -the one side and added to the other would operate the life or death -of most important measures, in the event that a few members should -make the passage of a favorite measure the indispensable condition -of their vote for some others which could not be carried without it. -This was the case with the bank bill, and the distribution bill. A -bank was the leading measure of Mr. Clay's policy--the corner stone -of his legislative edifice. It was number two in his list: it was -number one in his affections and in his parliamentary movement. He -obtained a select committee on the second day of the session, to -take into consideration the part of the President's message which -related to the currency and the fiscal agent for the management of -the finances; but before that select committee could report a bill, -Mr. Henderson, of Mississippi, taking the shortest road to get at -his object, asked and obtained leave to bring in a bill to establish -a system of bankruptcy. This measure, then, which had no place in -the President's message, or in Mr. Clay's schedule, and to which he -was averse, took precedence on the calendar of the vital measure -for which the extra session was chiefly called; and Mr. Henderson -being determinedly supported by his colleague, Mr. Walker, and a few -other resolute senators with whom the bankrupt act was an overruling -consideration, he was enabled to keep it ahead, and coerce support -from as many averse to it as would turn the scale in its favor. It -passed the Senate, July 24th, by a close vote, 26 to 23. The yeas -were: - - "Messrs. Barrow, Bates, Berrien, Choate, Clay of Kentucky, - Clayton, Dixon, Evans, Henderson, Huntington, Kerr, Merrick, - Miller, Morehead, Mouton, Phelps, Porter, Simmons, Smith - of Indiana, Southard, Tallmadge, Walker, White, Williams, - Woodbridge, Young. - - "NAYS--Messrs. Allen, Archer, Bayard, Benton, Buchanan, - Calhoun, Clay of Alabama, Cuthbert, Fulton, Graham, King, Linn, - McRoberts, Nicholson, Pierce, Prentiss, Rives, Sevier, Smith of - Connecticut, Sturgeon, Tappan, Woodbury, Wright." - -The distribution bill was a leading measure in Mr. Clay's policy: -it ranked next after the national bank. He had also taken it into -his own care, and had introduced a bill on leave for the purpose at -an early day. A similar bill was also introduced in the House of -Representatives. There was no willing majority for the bankrupt bill -in either House; but the bank bill and the land bill were made to -pass it. The ardent friends of the bankrupt bill embargoed both the -others until their favorite measure was secure. They were able to -defeat the other two, and determined to do so if they did not get -their own measure; and they did get it--presenting the spectacle -of a bill, which had no majority in either House, forcing its -own passage, and controlling the fate of two others--all of them -measures of great national concern. - -The bankrupt bill had passed the Senate ahead of the bank bill, -and also of the distribution bill, and went to the House of -Representatives, where the majority was against it. It seemed doomed -in that House. The same bill had originated in that body; but lay -upon the table without consideration. The President, beset by a mass -of debtors who had repaired to Washington to promote the passage -of the bill, sent in a special message in its favor; but without -effect. The House bill slept on the table: the Senate bill arrived -there, and was soon put to rest upon the same table. Mr. Underwood, -of Kentucky, a friend of Mr. Clay, had moved to lay it on the table; -and the motion prevailed by a good majority--110 to 97. Information -of this vote instantly flew to the Senate. One of the senators, -intent upon the passage of the bill, left his seat and went down to -the House; and when he returned he informed the writer of this View -that the bill would pass--that it would be taken off the table, and -put through immediately: and such was the fact. The next day the -bill was taken up and passed--the meagre majority of only six for -it. The way in which this was done was made known to the writer of -this View by the senator who went down to attend to the case when -the bill was laid on the table: it was simply to let the friends of -the bank and distribution bills know that these measures would be -defeated if the bankrupt bill was not passed--that there were enough -determined on that point to make sure: and, for the security of the -bankrupt bill, it was required to be passed first. - -The bill had passed the House with an amendment, postponing the -commencement of its operation from November to February; and -this amendment required to be communicated to the Senate for its -concurrence--which was immediately done. This amendment was a -salvo to the consciences of members for their forced votes: it was -intended to give Congress an opportunity of repealing the act before -it took effect; but the friends of the bill were willing to take -it that way--confident that they could baffle the repeal for some -months, and until those most interested, had obtained the relief -they wanted. - -At the time that this amendment was coming up to the Senate that -body was engaged on the distribution bill, the debate on the bank -veto message having been postponed by the friends of the bank to -make way for it. August the 18th had been fixed for that day--12 -o'clock the hour. The day and the hour, had come; and with them an -immense crowd, and an excited expectation. For it was known that Mr. -Clay was to speak--and to speak according to his feelings--which -were known to be highly excited against Mr. Tyler. In the midst -of this expectation and crowd, and to the disappointment of every -body, Mr. Berrien rose and said that--"Under a sense of duty, he -was induced to move that the consideration of the executive veto -message on the fiscal bank bill be postponed until to-morrow, 12 -o'clock."--Mr. Calhoun objected to this postponement. "The day, -he said, had been fixed by the friends of the bank bill. The -President's message containing his objections to it had now been -in possession of the Senate, and on the tables of members for two -days. Surely there had been sufficient time to reflect upon it: -yet now it was proposed still longer to defer action upon it. He -asked the senator from Georgia, who had made the motion, to assign -some reason for the proposed delay." The request of Mr. Calhoun -for a reason, was entirely parliamentary and proper; and in -fact should have been anticipated by giving the reason with the -motion--as it was not deferential to the Senate to ask it to do a -thing without a reason, especially when the thing to be done was -contrary to an expressed resolve of the Senate, and took members -by surprise who came prepared to attend to the appointed business, -and not prepared to attend to another subject. Mr. Berrien declined -to give a reason, and said that--"When the senator from South -Carolina expressed his personal conviction that time enough had -been allowed for reflection on the message, he expressed what would -no doubt regulate his personal conduct; but when he himself stated -that, under a sense of duty, he had asked for further time, he had -stated his own conviction in regard to the course which ought to be -pursued. Senators would decide for themselves which opinion was to -prevail."--Mr. Calhoun rejoined in a way to show his belief that -there was a secret and sinister cause for this reserve, so novel -and extraordinary in legislative proceedings. He said--"Were the -motives such as could not be publicly looked at? were they founded -on movements external to that chamber? It was certainly due to the -Senate that a reason should be given. It was quite novel to refuse -it. Some reason was always given for a postponement. He had never -known it to be otherwise."--Mr. Berrien remained unmoved by this -cogent appeal, and rejoined--"The senator from South Carolina was -at liberty to suggest whatever he might think proper; but that he -should not conclude him (Mr. Berrien), as having made a motion here -for reasons which he could not disclose."--Mr. Calhoun then said -that, "this was a very extraordinary motion, the votes of senators -upon it ought to be recorded: he would therefore move for the yeas -and nays,"--which were ordered, and stood thus: Yeas: Messrs. -Archer, Barrow, Bates, Bayard, Berrien, Choate, Clay of Kentucky, -Clayton (Thomas of Delaware), Dixon, Evans, Graham, Henderson, -Huntingdon, Kerr, Mangum, Merrick, Miller, Morehead, Phelps, Porter, -Prentiss, Preston, Rives, Simmons, Smith of Indiana, Southard, -Tallmadge, White, and Woodbridge, 29--the supporters of the bank all -voting for the postponement, their numbers swelled a little beyond -their actual strength by the votes of Mr. Rives, and a few other -whigs. The nays were: Messrs. Allen, Benton, Buchanan, Calhoun, -Clay of Alabama, Cuthbert, Fulton, King, Linn, McRoberts, Mouton, -A. O. P. Nicholson, Pierce, Sevier, Sturgeon, Tappan, Walker, -Williams, Woodbury, Wright, and Young--21. It was now apparent that -the postponement of the bank question was a concerted measure of the -whig party--that Mr. Berrien was its organ in making the motion--and -that the reason for it was a party secret which he was not at -liberty to disclose. Events, however, were in progress to make the -disclosure. - -The distribution bill was next in order, and during its -consideration Mr. White, of Indiana, made a remark which attracted -the attention of Mr. Benton. Deprecating further debate, as a -useless waste of time, Mr. White wished discussion to cease, and -the vote be taken--"as he hoped, as well as believed, that the bill -would pass, and not alone, but be accompanied by other measures." -This remark from Mr. White gave Mr. Benton something to go upon; and -he immediately let out what was on his mind. - -He thanked the senator from Indiana for his avowal; it was a -confirmation of what he well knew before--that measures, at this -extraordinary session, were not passed or rejected upon their -merits, but made to depend one upon another, and the whole upon a -third! It was all bargain and sale. All was conglomerated into one -mass, and must go together or fall together. This was the decree out -of doors. When the sun dips below the horizon, a private Congress -is held, the fate of the measure is decided; a bundle are tied -together; and while one goes ahead as a bait, another is held back -as a rod. - -Mr. Linn, of Missouri, still more frank than his colleague, -stigmatized the motive for postponement, and the means that were put -in practice to pass momentous bills which could not pass on their -own merits; and spoke out without disguise: - - "These artifices grow out of the system adopted for carrying - through measures that never could be carried through other than - by trick and art. The majority which by force, not by argument, - have to carry their measures, must meet in secret--concoct their - measures in conclave--and then hold every member of the party - bound to support what is thus agreed upon--a master spirit - leading all the while. There had been enough of falsehood, - misrepresentation and delusion. The presidential election - had contained enough of it, without adding to the mass at - this session. The country was awake to these impositions, - and required only to be informed of the movements of the - wire-workers to know how to appreciate their measures. And the - people should be informed. As far as it was possible for him - and his friends to lay that information before the country, it - should be done. Every man in the community must be told how this - bank bill, which was intended to rule the country with a moneyed - despotism for years to come, had been passed--how a national - debt was entailed upon the country--how this bankrupt bill was - forced through, as he (Mr. LINN) now understood it was, by a - majority of five votes, in the other end of the Capitol, many of - its whig opponents dodging behind the columns; and how this land - distribution bill was now in the course of being passed, and the - tricks resorted to to effect its passage. It was all part and - parcel of the same system which was concocted in Harrisburg, - wrought with such blind zeal at the presidential election, and - perfected by being compressed into a congressional caucus, at an - extraordinary called, but uncalled-for, session." - -The distribution bill had been under debate for an hour, and Mr. -King, of Alabama, was on the floor speaking to it, when the clerk -of the House of Representatives appeared at the door of the Senate -Chamber with the bankrupt bill, and the amendments made by the -House--and asking the concurrence of the Senate. Still standing on -his feet, but dropping the line of his argument, Mr. King exclaimed: - - "That, sir, is the bill. There it is sir. That is the bill which - is to hurry this land distribution bill to its final passage, - without either amendments or debate. Did not the senator know - that yesterday, when the bankrupt bill was laid on the table by - a decided vote in the other House, the distribution bill could - not, by any possibility then existing, be passed in this House? - But now the case was altered. A reconsideration of the vote of - yesterday had taken place in the other House, and the bankrupt - bill was now returned to the Senate for concurrence; after which - it would want but the signature of the Executive to become a - law. But how had this change been so suddenly brought about? - How, but by putting on the screws? Gentlemen whose States cried - aloud for the relief of a bankrupt law, were told they could - not have it unless they would pay the price--they must pass the - distribution bill, or they should have no bankrupt bill. One - part of the bargain was already fulfilled: the bankrupt bill was - passed. The other part of the bargain is now to be consummated: - the distribution bill can pass now without further delay. He - (Mr. KING) had had the honor of a seat in this chamber for many - years, but never during that time had he seen legislation so - openly and shamefully disgraced by a system of bargain and sale. - This extra session of Congress would be long remembered for - the open and undisguised extent to which this system had been - carried." - -Incontinently the distribution bill was laid upon the table, and the -bankrupt bill was taken up. This was done upon the motion of Mr. -Walker, who gave his reasons, thus: - - "He rose not to prolong the debate on the distribution bill, - but to ask that it might be laid on the table, that the bill to - establish a general bankrupt law, which had just been received - from the House, might be taken up, and the amendment, which was - unimportant, might be concurred in by the Senate. He expressed - his ardent joy at the passage of this bill by this House, which - was so imperiously demanded as a measure of great relief to a - suffering community, which he desired should not be held in - suspense another night; but that they should immediately take up - the amendments, and act on them. For this purpose he moved to - lay the distribution bill on the table." - -Mr. Linn asked for the yeas and nays, that it might be seen how -senators voted in this rigadoon legislation, in which movements -were so rapid, so complicated, and so perfectly performed. They -were ordered, and stood: Yeas--Messrs. Archer, Barrow, Bates, -Bayard, Berrien, Choate, Clay of Kentucky, Dixon, Evans, Henderson, -Huntington, Kerr, Mangum, Merrick, Miller, Morehead, Phelps, Porter, -Preston, Simmons, Smith of Indiana, Southard, Tallmadge, Walker, -White, and Woodbridge--26. Nays--Messrs. Allen, Benton, Buchanan, -Calhoun, Clay of Alabama, Clayton, Cuthbert, Fulton, Graham, King, -Linn, McRoberts, Mouton, Pierce, Sevier, Sturgeon, Tappan, Williams, -Woodbury, Wright, and Young--21. So that the whole body of the -friends to the distribution bill, voted to lay it down to take up -the bankrupt bill, as they had just voted to lay down the bank bill -to take up the distribution. The three measures thus travelled in -company, but bankrupt in the lead--for the reason, as one of its -supporters told Mr. Benton, that they were afraid it would not get -through at all if the other measures got through before it. The -bankrupt bill having thus superseded the distribution bill, as -itself had superseded the bank bill, Mr. Walker moved a concurrence -in the amendment. Mr. Buchanan intimated to Mr. Walker that he was -taken in--that the postponement was to enable Congress to repeal -the bill before it took effect; and, speaking in this sense, said: - - "From the tone of the letters he had received from politicians - differing with him, he should advise his friend from Mississippi - [Mr. WALKER], not to be quite so soft as, in his eagerness to - pass this bill, to agree to this amendment, postponing the time - for it to take effect to February, as it would be repealed - before its operation commenced; although it was now made a price - of the passage of the distribution bill. He felt not a particle - of doubt but there would be a violent attempt to repeal it next - session." - -Mr. Walker did not defend the amendment, but took it rather than, -by a non-concurrence, to send the bill back to the House, where its -friends could not trust it again. He said--"When his friend from -Pennsylvania spoke of his being 'soft,' he did not know whether he -referred to his head or his heart; but he could assure him he was -not soft enough to run the chance of defeating the bill by sending -it back to the House."--Mr. Calhoun did not concur with his friend -from Pennsylvania, that there would be any effort to repeal this -bill. It would be exceedingly popular at its first "go off," and if -this bill passed, he hoped that none of his friends would attempt to -repeal it. It would, if permitted to work, produce its legitimate -effects; and was enough to destroy any administration. He saw that -this was a doomed administration. It would not only destroy them, -but blow them "sky high." - -This was the only instance in which Mr. Calhoun was known to express -a willingness that a bad measure should stand because it would be -the destruction of its authors; and on this occasion it was merely -the ebullition of an excited feeling, as proved when the question of -repeal came on at the next session--in which he cordially gave his -assistance. The amendment was concurred in without a division, the -adversaries of the bill being for the postponement in good faith, -and its friends agreeing to it for fear of something worse. There -had been an agreement that the three measures were to pass, and upon -that agreement the bank bill was allowed to go down to the House -before the bankrupt bill was out of it; but the laying that bill on -the table raised an alarm, and the friends of the bankrupt required -the others to be stopped until their cherished measure was finished: -and that was _one_ of the reasons for postponing the debate on the -bank veto message which could not be disclosed to the Senate. The -amendment of the House being agreed to, there was no further vote -to be taken on the bill; but a motion was made to suppress it by -laying it on the table. That motion brought out a clean vote for and -against the bill--23 to 26. The next day it received the approval of -the President, and became a law. - -The act was not a bankrupt law, but practically an insolvent law for -the abolition of debts at the will of the debtor. It applied to all -persons in debt--allowed them to commence their proceedings in the -district of their own residence, no matter how lately removed to -it--allowed constructive notice to creditors in newspapers--declared -the abolition of the debt where effects were surrendered and fraud -not proved. It broke down the line between the jurisdiction of the -federal courts and the State courts in the whole department of -debtors and creditors; and bringing all local debts and dealings -into the federal courts, at the will of the debtor, to be settled -by a federal jurisdiction, with every advantage on the side of -the debtor. It took away from the State courts the trials between -debtor and creditor in the same State--a thing which under the -constitution can only be done between citizens of different States. -Jurisdiction over bankruptcies did not include the mass of debtors, -but only that class known to legislative and judicial proceedings -as bankrupts. To go beyond, and take in all debtors who could -not pay their debts, and bring them into the federal courts, was -to break down the line between federal and State jurisdictions, -and subject all persons--all neighbors--to have their dealings -settled in the federal courts. It violated the principle of all -bankrupt systems--that of a proceeding on the part of the creditors -for their own benefit--and made it entirely a proceeding for the -benefit of the debtor, at his own will. It was framed upon the -model of the English insolvent debtor's act of George the Fourth; -and after closely paraphrasing eighteen provisions out of that act, -most flagrantly departed from its remedy in the conclusion, in -substituting a release from the _debt_ instead of a release from -_imprisonment_. In that feature, and in applying to all debts, and -in giving the initiative to the debtor, and subjecting the whole -proceeding to be carried on at his will, it ceased to be a bankrupt -act, and became an insolvent act; but with a remedy which no -insolvent act, or bankrupt system, had ever contained before--that -of a total abolition of the debt by the act of the debtor alone, -unless the creditor could prove fraud; which the sort of trial -allowed would render impossible, even where it actually existed. It -was the same bill which had been introduced at the previous session, -and supported by Mr. Webster in an argument which confounded -insolvency with bankruptcy, and assumed every failure to pay a debt -to be a bankruptcy. The pressure for the passing of the act was -immense. The long disorders of the currency, with the expansions, -contractions, suspensions, and breaking of banks had filled the -country with men of ruined fortunes, who looked to the extinction -of their debts by law as the only means of getting rid of their -incumbrances, and commencing business anew. This unfortunate class -was estimated by the most moderate observers at an hundred thousand -men. They had become a power in the State. Their numbers and zeal -gave them weight: their common interest gave them unity: the stake -at issue gave them energy. They worked in a body in the presidential -election, and on the side of the whigs: and now attended Congress, -and looked to that party for the legislative relief for which -they had assisted in the election. Nor did they look in vain. -They got all they asked--but most unwillingly, and under a moral -duresse--and as the price of passing two other momentous bills. Such -is legislation in high party times! selfish and sinistrous, when -the people believe it to be honest and patriotic! people at home, -whose eyes should be opened to the truth, if they wish to preserve -the purity of their government. Here was a measure which, of itself, -could not have got through either House of Congress: combined with -others, it carried itself, and licensed the passing of two more! -And all this was done--so nicely were parties balanced--by the zeal -and activity (more than the numbers) of a single State, and that a -small one, and among the most indebted. In brief, the bankrupt act -was passed, and the passage of the bank and distribution bills were -licensed by the State of Mississippi, dominated by the condition of -its population. - -Mr. Buchanan, Mr. Wright, Mr. Woodbury, were the principal speakers -against the bill in the Senate. Mr. Benton addressed himself mainly -to Mr. Webster's position, confounding insolvency and bankruptcy, -as taken at the previous session; and delivered a speech of some -research in opposition to that assumption--of which some extracts -are given in the next chapter. - - - - -CHAPTER LXVII. - -BANKRUPT BILL: MR. BENTON'S SPEECH: EXTRACTS. - - -The great ground which we occupy in relation to the character of -this bill (said Mr. B.) is this: that it is not a bankrupt system, -but an insolvent law, perverted to a discharge from debts, instead -of a discharge from imprisonment. As such, it was denounced from the -moment it made its appearance in this chamber, at the last session, -and I am now ready to prove it to be such. I have discovered its -origin, and hold the evidence in my hand. It is framed upon the -English insolvent debtor's act of the 1st of George IV., improved -and extended by the act of the 7th of George IV., and by the 1st -of Victoria. From these three insolvent acts our famous bankrupt -system of 1841 is compiled; and it follows its originals with great -fidelity, except in a few particulars, until it arrives at the -conclusion, where a vast and terrible alteration is introduced! -Instead of discharging the debtor from imprisonment, as the English -acts do, our American copy discharges him from his debts! But this -is a thing rather to be proved than told; and here is the proof. -I have a copy of the British statutes on my table, containing the -three acts which I have mentioned, and shall quote from the first -one, in the first year of the reign of George IV., and is entitled -"_An act for the relief of insolvent debtors in England_." The -preamble recites that it is expedient to make permanent provision -for the relief of insolvent debtors in England confined in jail, and -who shall be willing to surrender their property to their creditors, -and thereby obtain a discharge from imprisonment. For this purpose -the act creates a new court, to be called the _insolvent debtor's -court_, which was to sit in London, and send commissioners into the -counties. The first sections are taken up with the organization of -the court. Then come its powers and duties, its modes of proceeding, -and the rights of insolvents in it: and in these enactments, as -in a mirror, and with a few exceptions (the effect of design, of -accident, or of necessity, from the difference of the two forms of -government), we perceive the original of our bankrupt act. I quote -partly from the body of the statute, but chiefly from the marginal -notes, as being a sufficient index to the contents of the sections. -(Here the speaker quoted eighteen separate clauses in which the bill -followed the English act, constituting the whole essence of the -bill, and its mode of proceeding.) - -This is the bill which we call bankrupt--a mere parody and -perversion of the English insolvent debtor's act. And now, how came -such a bill to be introduced? Sir, it grew out of the contentions -of party; was brought forward, as a party measure; and was one of -the bitter fruits of the election of 1840. The bill was brought -forward in the spring of that year, passed in the Senate, and lost -in the House. It was contested in both Houses as a party measure, -and was taken up as a party topic in the presidential canvass. The -debtor class--those irretrievably in debt, and estimated by the -most moderate at a hundred thousand men--entered most zealously -into the canvass, and on the side of the party which favored the -act. The elections were carried by that party--the Congress as -well as the presidential. All power is in the hands of that party; -and an extra session of the legislature was impatiently called to -realize the benefits of the victory. But the opening of the session -did not appear to be auspicious to the wishes of the bankrupts. -The President's message recommended no bankrupt bill; and the list -of subjects enumerated for the action of Congress, and designated -in a paper drawn by Mr. Clay, and placed on our journal for our -guidance, was equally silent upon that subject. To all appearance, -the bankrupt bill was not to come before us at the extra session. -It was evidently a deferred subject. The friends and expectants of -the measure took the alarm--flocked to Congress--beset the President -and the members--obtained from him a special message recommending -a bankrupt law; and prevailed on members to bring in the bill. It -was brought into the Senate--the same which had been defeated -in 1840--and it was soon seen that its passage was not to depend -upon its own merits; that its fate was indissolubly connected with -another bill; and that one must carry the other. - -This is an insolvent bill: it is so proved, and so admitted: and to -defend it the argument is, that insolvency and bankruptcy are the -same--a mere inability or failure to pay debts. This is the corner -stone of the argument for the bill, and has been firmly planted as -such, by its ablest supporter (Mr. Webster). He says: - - "Bankruptcies, in the general use and acceptation of the term, - mean no more than failures. A bankruptcy is a fact. It is an - occurrence in the life and fortunes of an individual. When a man - cannot pay his debts, we say that he has become bankrupt, or has - failed. Bankruptcy is not merely the condition of a man who is - insolvent, and on whom a bankrupt law is already acting. This - would be quite too technical an interpretation. According to - this, there never could be bankrupt laws; because every law, if - this were the meaning, would suppose the existence of a previous - law. Whenever a man's means are insufficient to meet his - engagements and pay his debts, the fact of bankruptcy has taken - place--a case of bankruptcy has arisen, whether there be a law - providing for it or not. A learned judge has said, that a law on - the subject of bankruptcies is a law making provision for cases - of persons failing to pay their debts. Over the whole subject of - these failures, or these bankruptcies, the power of Congress, as - it stands on the face of the constitution, is full and complete." - -This is an entire mistake. There is no foundation for confounding -bankruptcy and insolvency. A debtor may be rich, and yet be a -bankrupt. Inability to pay does not even enter as an ingredient into -bankruptcy. The whole system is founded on ability and fraud. The -bankrupt is defined in Blackstone's commentaries--a work just issued -and known to all our statesmen at the time of our Revolution--"_to -be a trader, who secretes himself, or does certain other acts to -defraud his creditors_." So far from making insolvency a test of -bankruptcy the whole system supposes ability and fraud--ability to -pay part or all, and a fraudulent intent to evade payment. And every -British act upon the subject directs the surplus to be restored to -the debtor if his effects sell for more than pays the debts--a proof -that insolvency was no ingredient in the acts. - -The eminent advocate of the bill, in confounding insolvency and -bankruptcy, has gone to the continent of Europe, and to Scotland, -to quote the _cessio bonorum_ of the civil law, and to confound -it with bankruptcy. He says: "_That bankrupt laws, properly so -called, or laws providing for the cessio bonorum, on the continent -of Europe and Scotland, were never confined to traders._" That is -true. This _cessio_ was never confined to traders: it applied to -debtors who could not pay. It was the cession, or surrender of his -property by the debtor for the purpose of obtaining freedom for his -person--leaving the debt in full force--and all future acquisitions -bound for it. I deal in authority, and read from Professor Bell's -Commentaries upon the Laws of Scotland--an elegant an instructive -work, which has made the reading of Scottish law almost as agreeable -to the law reader as the writings of Scott have made Scottish -history and manners to the general reader. Mr. Bell treats of the -_cessio_ and of bankruptcy, and treats of them under distinct heads; -and here is what he says of them: - - "The law of _cessio bonorum_ had its origin in Rome. It was - introduced by Julius Caesar, as a remedy against the severity of - the old Roman laws of imprisonment; and his law--which included - only Rome and Italy--was, before the time of Diocletian, - extended to the provinces. The first law of the code respecting - the _cessio bonorum_ expresses, in a single sentence, the whole - doctrine upon the subject: '_Qui bonis cesserint_,' says the - Emperor Alexander Severus, _'nisi solidum creditor receperit, - non sunt liberati. In eo enim tantummodo hoc beneficium - eis prodest, ne judicati detrahantur in carcerem._' This - institution, having been greatly improved in the civil law, - was adopted by those of the European nations who followed that - system of jurisprudence. In France, the institution was adopted - very nearly as it was received with us. Perhaps, indeed, it - was from France that our system received its distinguishing - features. The law in that country was, during the seventeenth - century, extremely severe--not only against bankrupts (which - name they applied to fraudulent debtors alone), but against - debtors innocently insolvent. * * * The short digest of the law - of _cessio_ in Scotland, then, is: - - "1. That a debtor who has been a month in prison, for a - civil debt, may apply to the court of session--calling all - his creditors before that court, by a summons in the king's - name; and concluding that he should be freed from prison on - surrendering to his creditors all his funds and effects. - - "2. That he is entitled to this benefit without any mark of - disgrace, if (proving his insolvency) he can satisfy the court, - in the face of his creditors, that his insolvency has arisen - from innocent misfortune, and is willing to surrender all his - property and effects to his creditors. - - "3. That, though he may clear himself from any imputation of - fraud, still, if he has been extravagant, and guilty of sporting - with the money of his creditors, he is, in strict law, not - entitled to the _cessio_, but on the condition of wearing the - habit (mark of disgrace); but which is now exchanged for a - prolongation of his imprisonment. - - "4. That, if his creditors can establish a charge of fraud - against him, he is not entitled to the _cessio_ at all; but must - lie in prison, at the mercy of his creditors, till the length - of his imprisonment may seem to have sufficiently punished his - crime; when, on a petition, the court may admit him to the - benefit. - - "5. That, if he has not given a fair account of his funds, - and shall still be liable to the suspicion of concealment, - the court will, in the meanwhile, refuse the benefit of the - _cessio_--leaving it to him to apply again, when he is able - to present a clearer justification, or willing to make a full - discovery." - -This is the _cessio_, and its nature and origin are both given. -Its nature is that of an insolvent law, precisely as it exists at -this day in the United States and in England. Its origin is Roman, -dating from the dictatorship of Julius Caesar. That great man had -seen the evils of the severity of the Roman law against debtors. He -had seen the iniquity of the law itself, in the cruel condemnation -of the helpless debtor to slavery and death at the will of the -creditor; and he had seen its impolicy, in the disturbances to -which it subjected the republic--the seditions, commotions, and -conspiracies, which, from the time of the secession of the people to -the _Mons Sacer_ to the terrible conspiracy of Catiline, were all -built upon the calamities of the debtor class, and had for their -object an abolition of debts. Caesar saw this, and determined to free -the commonwealth from a deep-seated cause of commotion, while doing -a work of individual justice. He freed the person of the debtor -upon the surrender of his property; and this equitable principle, -becoming ingrafted in the civil law, spread over all the provinces -of the Roman world--has descended to our times, and penetrated the -new world--and now forms the principle of the insolvent laws of -Europe and America. The English made it permanent by their insolvent -law of the first of George the Fourth--that act from which our -bankrupt system is compiled; and in two thousand years, and among -all nations, there has been no departure from the wise and just -principles of Caesar's edict, until our base act of Congress has -undertaken to pervert it into an abolition debt law, by substituting -a release from the debt for a release from jail! - -This is the _cessio omnium bonorum_ of Scotland, to which we are -referred as being the same thing with bankruptcy (properly so -called), and which is quoted as an example for our act of 1841. -And, now, what says Professor Bell of bankruptcy? Does he mention -that subject? Does he treat of it under a separate head--as a -different thing from the _cessio_--and as requiring a separate -consideration? In fact, he does. He happens to do so; and gives it -about 300 pages of his second volume, under the title of "System of -the Bankrupt Laws;" which system runs on all-fours with that of the -English system, and in the main point--that of discharge from his -debts--it is identical with the English; requiring the concurrence -of four-fifths of the creditors to the discharge; and that bottomed -on the judicial attestation of the bankrupt's integrity. Here it is, -at page 441 of the second volume: - - "The concurrence of the creditors, without which the bankrupt - cannot apply to the court for a discharge, must be not that - of a mere majority, but a majority of four-fifths in number - and value. * * * * The creditors are subject to no control in - respect to their concurrence. Against their decision there is - no appeal, nor are they bound to account for or explain the - grounds of it. They are left to proceed upon the whole train of - the bankrupt's conduct, as they may have seen occasion to judge - of him; and the refusal of their concurrence is an absolute bar - until the opposition be overcome. * * * * The statute requires - the concurrence of the trustee, as well as of the creditors. - There appears, however, to be this difference between them: that - the creditors are entirely uncontrolled in giving or withholding - their concurrence; while, on the part of the trustee, it is - _debitum justiliae_ either to the bankrupt or to the creditors - to give or withhold his concurrence. He acts not as a creditor, - but as a judge. To his jurisdiction the bankrupt is subjected - by the choice of his creditors; and, on deciding on the - bankrupt's conduct, he is not entitled to proceed on the same - undisclosed motives or evidence on which a creditor may act, but - on the ground of legal objection alone--as fraud, concealment, - nonconformity with the statute. In England, the commissioners - are public officers--not the mere creatures of the creditors. - They are by statute invested with a judicial discretion, which - they exercise under the sanction of an oath. Their refusal is - taken as if they swore they could not grant the certificate; and - no mandamus lies to force them to sign." - -So much for bankruptcy and _cessio_--two things very different -in their nature, though attempted to be confounded; and each of -them still more different from our act, for which they are quoted -as precedents. But the author of our act says that bankrupt laws -in Scotland are not confined to traders, but take in all persons -whatsoever; and he might have added--though, perhaps, it did not -suit his purpose at the moment--that those laws, in Scotland, were -not confined to natural persons, but also included corporations and -corporate bodies. Bell expressly says: - - "Corporate bodies are, in law, considered as persons, when - associated by royal authority or act of Parliament. When a - community is thus established by public authority, it has a - legal existence as a person, with power to hold funds, to sue - and to defend. It is, of consequence, subject to diligence; - and although personal execution cannot proceed against this - ideal-legal person, and so the requisites of imprisonment, - &c., cannot be complied with, there seems to be no reason to - doubt that a corporation may now be made bankrupt by the means - recently provided for those cases in which imprisonment is - incompetent."--vol. 2, p. 167. - -The gentleman might have quoted this passage from the Scottish law; -and then what would have become of his argument against including -corporations in the bankrupt act? But he acts the advocate, and -quotes what suits him; and which, even if it were applicable, -would answer but a small part of his purpose. The Scottish system -differs from the English in its application to persons not traders; -but agrees with it in the great essentials of perfect security -for creditors, by giving them the initiative in the proceedings, -discriminating between innocent and culpable bankruptcy, and making -the discharge from debt depend upon their consent, bottomed upon an -attestation of integrity from the officer that tries the case. It -answers no purpose to the gentleman, then, to carry us to Scotland -for the meaning of a term in our constitution. It is to no purpose -that he suggests that the framers of the constitution might have -been looking to Scotland for an example of a bankrupt system. They -were no more looking to it in that case, than they were in speaking -of juries, and in guarantying the right of jury trials--a jury of -twelve, with unanimity, as in England; and not of fifteen, with -a majority of eight to give the verdict, as in Scotland. In all -its employment of technical, legal, and political phrases, the -constitution used them as used in England--the country from which -we received our birth, our language, our manners, and customs, and -all our systems of law and politics. We got all from England; and, -this being the case, there is no use in following the gentleman to -the continent of Europe, after dislodging him from Scotland; but -as he has quoted the continent for the effect of the _cessio_ in -abolishing debts, and for its identity with bankruptcy, I must be -indulged with giving him a few citations from the Code Napoleon, -which embodies the principles of the civil law, and exemplifies the -systems of Europe on the subject of bankruptcies and insolvencies. -Here they are: - -Mr. B. here read copiously from the Code Napoleon, on the subjects -of bankruptcies and cession of property; the former contained in -the commercial division of the code, the latter in the civil. -Bankruptcy was divided into two classes--innocent and fraudulent; -both confined to traders (_commercants_); the former were treated -with lenity, the latter with criminal severity. The innocent -bankrupt was the _trader_ who became unable to pay his debts by the -casualties of trade, and who had not lived beyond his means, nor -gambled, nor engaged in speculations of pure hazard; who kept fair -books, and satisfied his creditors and the judge of his integrity. -The fraudulent bankrupt was the _trader_ who had lived prodigally, -or gambled, or engaged in speculations of pure hazard, or who had -not kept books, or not kept them fairly, or misapplied deposits, -or violated trusts, or been guilty of any fraudulent practice. He -was punished by imprisonment and hard labor for a term of years, -and could not be discharged from his debts by any majority of his -creditors whatever. Cession of property--in French, _la cession de -biens_--was precisely the _cessio omnium bonorum_ of the Romans, as -established by Julius Caesar. It applied to all persons, and obtained -for them freedom from imprisonment, and from suits, on the surrender -of all their present property to their creditors; leaving their -future acquisitions liable for the remainder of the debt. It was the -insolvent law of the civil law; and thus bankruptcy and insolvency -were as distinct on the continent of Europe as in England and -Scotland, and governed by the same principles. - -Having read these extracts from the civil law, Mr. B. resumed his -speech, and went on to say that the gentleman was as unfortunate -in his visit to the continent as in his visit to Scotland. In the -first place he had no right to go there for exemplification of the -terms used in our constitution. The framers of the constitution -did not look to other countries for examples. They looked to -England alone. In the second place, if we sought them elsewhere, we -found precisely the same thing that we found in England: we found -bankruptcy and insolvency everywhere distinct and inconvertible. -They were, and are, distinct everywhere; here and elsewhere--at -home and abroad--in England, Scotland, France, and all over Europe. -They have never been confounded anywhere, and cannot be confounded -here, without committing a double offence: _first_, violating our -own constitution; _secondly_, invading the States. And with this, I -dismiss the gentleman's first fundamental position, affirming that -he has utterly failed in his attempt to confound bankruptcy with -insolvency; and, therefore, has utterly failed to gain jurisdiction -for Congress over the general debts of the community, by the pretext -of the bankrupt power. - -I have said that this so-called bankrupt bill of ours is copied -from the insolvent law of the first year of George IV., and its -amendments, and so it is, all except section 13 of that act, which -is omitted, and for the purpose of keeping out the distinction -between bankrupts and insolvents. That section makes the -distinction. The act permits all debtors to petition for the benefit -of the insolvent law, that is to say, discharge from imprisonment on -surrendering their property; yet, in every case in which traders, -merchants, &c. petition, the proceedings stop until taken up, and -proceeded upon by the creditors. The filing the petition by a -person subject to the bankrupt law, is simply held to be an act -of bankruptcy, on which the creditors may proceed, or not, as on -any other act of bankruptcy, precisely as they please. And thus -insolvency and bankruptcy are kept distinct; double provisions on -the same subject are prevented; and consistency is preserved in the -administration of the laws. Not so under our bill. The omission to -copy this 13th section has nullified all that relates to involuntary -bankruptcy; puts it into the power of those who are subject to that -proceeding to avoid it, at their pleasure, by the simple and obvious -process of availing themselves of their absolute right to proceed -voluntarily. And now a word upon volunteer bankruptcy. It is an -invention and a crudity in our bill, growing out of the confounding -of bankruptcy and insolvency. There is no such thing in England, -or in any bankrupt system in the world; and cannot be, without -reversing all the rules of right, and subjecting the creditor -to the mercy of his debtor. The English bankrupt act of the 6th -George IV., and the insolvent debtors' act of the 1st of the same -reign, admit the bankrupt, as an insolvent, to file his declaration -of insolvency, and petition for relief; but there it stops. His -voluntary action goes no further than the declaration and petition. -Upon that, his creditors, if they please, may proceed against him as -a bankrupt, taking the declaration as an act of bankruptcy. If they -do not choose to proceed, the case stops. The bankrupt cannot bring -his creditors into court, and prosecute his claim to bankruptcy, -whether they will or not. This is clear from the 6th section of the -bankrupt act of George IV., and the 13th section of the insolvent -debtors' act of the 1st year of the same reign; and thus our act -of 1841 has the honor of inventing volunteer bankruptcy, and thus -putting the abolition of debts in the hands of every person! for -these volunteers have a right to be discharged from their debts, -without the consent of their creditors! - -Mr. Benton then read the two sections of the two acts of George IV. -to which he had referred, and commented upon them to sustain his -positions. And first the 6th section of the act of George IV. (1826) -for the amendment of the bankrupt laws: - - "SEC. 6. That if any such trader shall file in the office of - the Lord Chancellor's secretary of bankrupts, a declaration in - writing, signed by such trader, and attested by an attorney - or solicitor, that he is insolvent or unable to meet his - engagements, the said secretary of bankrupts, or his deputy, - shall sign a memorandum that such declaration hath been filed; - which memorandum shall be authority for the London Gazette to - insert an advertisement of such declaration therein; and every - such declaration shall, after such advertisement inserted - as aforesaid, _be an act of bankruptcy committed by such_ - TRADER _at the time when such declaration was filed_: but _no_ - commission shall issue thereupon, _unless_ it be sued out - within two calendar months next after the insertion of such - advertisement, and _unless_ such advertisement shall have been - inserted in the London Gazette within eight days after such - declaration filed. And no docket shall be struck upon such act - of bankruptcy before the expiration of four days next after - such insertion of such advertisement, in case such commission - is to be executed in London; or before the expiration of eight - days next after such insertion, in case such commission is - to be executed in the country; and the Gazette containing - such advertisement shall be evidence to be received of such - declaration having been filed." - -Having read this section, Mr. B. said it was explicit, and precluded -argument. The voluntary action of the debtor, which it authorized, -was limited to the mere filing of the declaration of insolvency. -It went no further; and it was confined to traders--to the trading -classes--who, alone, were subject to the laws of bankruptcy. - -Mr. B. said that the English had, as we all know, an insolvent -system, as well as a bankrupt system. They had an insolvent debtors' -court, as well as a bankrupt court; and both these were kept -separate, although there were no States in England to be trodden -under foot by treading down the insolvent laws. Not so with us. Our -insolvent laws, though belonging to States called sovereign, are -all trampled under foot! There would be a time to go into this. At -present, Mr. B. would only say that, in England, bankruptcy and -insolvency were still kept distinct; and no insolvent trader was -allowed to proceed as a bankrupt. On the contrary, an insolvent, -applying in the insolvent debtors' court for the release of his -person, could not proceed one step beyond filing his declaration. At -that point the creditors took up the declaration, if they pleased, -transferred the case to the bankrupt court, and prosecuted the case -in that court. This is done by virtue of the 13th section of the -insolvent debtors' act of 7th George IV. (1827). Mr. B. read the -section, as follows: - - "_Insolvent debtors' act of 7th year of George IV._ (1827). - - "SEC. 13. _And be it further enacted_, That the filing of the - petition of every _person_ in actual custody, who shall be - subject to the laws concerning bankrupts, and who shall apply - by petition to the said court for his or her discharge from - custody, according to this act, shall be accounted and adjudged - _an act of bankruptcy from the time of filing such petition_; - and that any _commission_ issuing against such person, and - under which he or she shall be declared bankrupt before the - time appointed by the said court, and advertised in the _London - Gazette_, for hearing the matters of such petition, or at - any time within two calendar months from the time of filing - such petition, shall have effect to avoid any conveyance and - assignment of the estate and effects of such person, which - shall have been made in pursuance of the provisions of this - act: _Provided, always_, That the filing of such petition shall - not be deemed an act of bankruptcy, _unless_ such person be so - declared bankrupt before the time so advertised as aforesaid, - or within such two calendar months as aforesaid; but that - every such conveyance and assignment shall be good and valid, - notwithstanding any commission of bankruptcy under which such - person shall be declared bankrupt after the time so advertised - as aforesaid, and after the expiration of such two calendar - months as aforesaid." - -This (said Mr. B.) accords with the section of the year before in -the bankrupt act. The two sections are accordant, and identical -in their provisions. They keep up the great distinction between -insolvency and bankruptcy, which some of our judges have undertaken -to abrogate; they keep up, also, the great distinction between the -proper subjects of bankruptcy--to wit: traders, and those who are -not traders; and they keep up the distinction between the release -of the person (which is the object of insolvent laws) and the -extinction of the debt with the consent of creditors, which is the -object of bankrupt systems. By this section, if the "_person_" in -custody who files a declaration of insolvency shall be a trader, -subject to the laws of bankruptcy, it only operates as an act of -bankruptcy--upon which the creditors may proceed, or not, as they -please. If they proceed, it is done by suing out a commission of -bankruptcy; which carries the case to the bankrupt court. If the -creditors do not proceed, the petition of the insolvent trader only -releases his person. Being subject to bankruptcy, his creditors may -call him into the bankrupt court, if they please; if they do not, -he cannot take it there, nor claim the benefit of bankruptcy in the -insolvent court: he can only get his person released. This is clear -from the section; and our bill of 1841 committed something worse -than a folly in not copying this section. That bill creates two -sorts of bankruptcy--voluntary and involuntary--and, by a singular -folly, makes them convertible! so that all may be volunteers, if -they please. It makes merchants, traders, bankers, and some others -of the _trading_ classes, subject to involuntary bankruptcy: then -it gives all _persons_ whatever the right to proceed voluntarily. -Thus the involuntary subjects of bankruptcy may become volunteers; -and the distinction becomes ridiculous and null. Our bill, which -is compiled from the English Insolvent Debtors' Act, and is itself -nothing but an insolvent law perverted to the abolition of debts -at the will of the debtor, should have copied the 13th section of -the English insolvent law: for want of copying this, it annihilated -involuntary bankruptcy--made all persons, traders or not, volunteers -who chose to be so--released all debts, at the will of the debtor, -without the consent of a single creditor; and committed the most -daring legislative outrage upon the rights of property, which the -world ever beheld! - - - - -CHAPTER LXVIII. - -DISTRIBUTION OF THE PUBLIC LAND REVENUE AND ASSUMPTION OF THE -STATE DEBTS. - - -About two hundred millions of dollars were due from States and -corporations to creditors in Europe. These debts were in stocks, -much depreciated by the failure in many instances to pay the -accruing interest--in some instances, failure to provide for the -principal. These creditors became uneasy, and wished the federal -government to assume their debts. As early as the year 1838 this -wish began to be manifested: in the year 1839 it was openly -expressed: in the year 1840, it became a regular question, mixing -itself up in our presidential election; and openly engaging the -active exertions of foreigners. Direct assumption was not urged: -indirect, by giving the public land revenue to the States, was the -mode pursued, and the one recommended by Mr. Tyler. In his first -regular message, he recommended this disposition of the public -lands, and with the expressed view of enabling the States to pay -their debts, and also to raise the value of the stock. It was a -vicious recommendation, and a flagrant and pernicious violation of -the constitution. It was the duty of Congress to provide for the -payment of the federal debts: that was declared in the constitution. -There was no prohibition upon the payment of the State debts: that -was a departure from the objects of the Union too gross to require -prohibition: and the absence of any authority to do so was a -prohibition as absolute as if expressed in the eyes of all those who -held to the limitations of the constitution, and considered a power, -not granted, as a power denied. Mr. Calhoun spoke with force and -clearness, and with more than usual animation, against this proposed -breach in the constitution. He said: - - "If the bill should become a law, it would make a wider breach - in the constitution, and be followed by changes more disastrous, - than any other measure which has ever been adopted. It would, - in its violation of the constitution, go far beyond the general - welfare doctrine of former days, which stretched the power of - the government as far as it was then supposed was possible by - construction, however bold. But as wide as were the limits which - it assigned to the powers of the government, it admitted by - implication that there were limits; while this bill, as I shall - show, rests on principles which, if admitted, would supersede - all limits. According to the general welfare doctrine, Congress - had power to raise money and appropriate it to all objects which - might seem calculated to promote the general welfare--that - is, the prosperity of the States, regarded in their aggregate - character as members of the Union: or, to express it more - briefly, and in language once so common, to national objects: - thus excluding, by necessary implication, all that were not - national, as falling within the sphere of the separate States. - It takes in what is excluded under the general welfare doctrine, - and assumes for Congress the right to raise money, to give by - distribution to the States: that is, to be applied by them - to those very local State objects to which that doctrine, by - necessary implication, denied that Congress had a right to - appropriate money; and thus superseding all the limits of the - constitution--as far, at least, as the money power is concerned. - Such, and so overwhelming, are the constitutional difficulties - which beset this measure. No one who can overcome them--who - can bring himself to vote for this bill--need trouble himself - about constitutional scruples hereafter. He may swallow without - hesitation bank, tariff, and every other unconstitutional - measure which has ever been adopted or proposed. Yes; it would - be easier to make a plausible argument for the constitutionality - of the measures proposed by the abolitionists--for abolition - itself--than for this detestable bill. And yet we find senators - from slaveholding States, the very safety of whose constituents - depends upon a strict construction of the constitution, - recording their names in favor of a measure from which they have - nothing to hope, and every thing to fear. To what is a course so - blind to be attributed, but to that fanaticism of party zeal, - openly avowed on this floor, which regards the preservation of - the power of the whig party as the paramount consideration? - It has staked its existence on the passage of this, and the - other measures for which this extraordinary session was called; - and when it is brought to the alternative of their defeat or - success, in their anxiety to avoid the one and secure the other, - constituents, constitution, duty, country,--all are forgotten." - -Clearly unconstitutional, the measure itself was brought forward -at the most inauspicious time--when the Treasury was empty, a loan -bill, and a tax bill actually depending; and measures going on to -raise money from the customs, not only to support the government, -but to supply the place of this very land money proposed to be given -to the States. Mr. Benton exposed this aggravation in some pointed -remarks: - -What a time to choose for squandering this patrimony! We are just in -the midst of loans, and taxes, and new and extravagant expenditures, -and scraping high and low to find money to support the government. -Congress was called together to provide revenue; and we begin with -throwing away what we have. We have just passed a bill to borrow -twelve millions, which will cost the people sixteen millions to pay. -We have a bill on the calendar--the next one in order--to tax every -thing now free, and to raise every tax now low, to raise eight or -ten millions for the government, at the cost of eighteen or twenty -to the people. Sixteen millions of deficit salute the commencement -of the ensuing year. A new loan of twelve millions is announced -for the next session. All the articles of consumption which escape -taxation now, are to be caught and taxed then. Such are the -revelations of the chairman of the Finance Committee; and they -correspond with our own calculations of their conduct. In addition -to all this, we have just commenced the national defences--neglected -when we had forty millions of surplus, now obliged to be attended -to when we have nothing: these defences are to cost above a hundred -millions to create them, and above ten millions annually to sustain -them. A new and frightful extravagance has broken out in the Indian -Department. Treaties which cannot be named, are to cost millions -upon millions. Wild savages, who cannot count a hundred except by -counting their fingers ten times over, are to have millions; and -the customs to pay all; for the lands are no longer to pay for -themselves, or to discharge the heavy annuities which have grown -out of their acquisition. The chances of a war ahead: the ordinary -expenses of the government, under the new administration, not -thirteen millions as was promised, but above thirty, as this session -proves. To crown all, the federal party in power! that party whose -instinct is debt and tax--whose passion is waste and squander--whose -cry is that of the horse-leech, give! give! give!--whose call is -that of the grave, more! more! more! In such circumstances, and -with such prospects ahead, we are called upon to throw away the -land revenue, and turn our whole attention to taxing and borrowing. -The custom-house duties--that is to say, foreign commerce, founded -upon the labor of the South and West, is to pay all. The farmers -and planters of the South and West are to take the chief load, and -to carry it. Well may the senator from Kentucky [Mr. CLAY] announce -the forthcoming of new loans and taxes--the recapture of the tea and -coffee tax, if they escape us now--and the increase and perpetuity -of the salt tax. All this must come, and more too, if federalism -rules a few years longer. A few years more under federal sway, at -the rate things have gone on at this session--this sweet little -session called to relieve the people--and our poor America would be -ripe for the picture for which England now sits, and which has been -so powerfully drawn in the Edinburgh Review. Listen to it, and hear -what federalism would soon bring us to, if not stopped in its mad -career: - - "Taxes upon every article which enters into the mouth, or covers - the back, or is placed under the foot. Taxes upon every thing - which it is pleasant to see, hear, feel, smell, or taste. Taxes - upon warmth, light, and locomotion. Taxes on every thing on - earth, and the waters under the earth; on every thing that comes - from abroad, or is grown at home. Taxes on the raw material; - taxes on every fresh value that is added to it by the industry - of man. Taxes on the sauce which pampers a man's appetite, - and the drug that restores him to health; on the ermine which - decorates the judge, and the rope which hangs the criminal; on - the brass nails of the coffin, and the ribbons of the bride. At - bed or board, couchant or levant, we must pay. The schoolboy - whips his taxed top; the beardless youth manages his taxed horse - with a taxed bridle, on a taxed road. The dying Englishman pours - his medicine, which has paid seven per cent., into a spoon that - has paid fifteen per cent.; flings himself back upon his chintz - bed, which has paid twenty-two per cent.; makes his will on an - eight-pound stamp, and expires in the arms of an apothecary, - who has paid a license of a hundred pounds for the privilege of - putting him to death. His whole property is then immediately - taxed from two to ten per cent. Besides the probate, large fees - are demanded for burying him in the chancel; his virtues handed - down to posterity on taxed marble, and he is then gathered to - his fathers, to be taxed no more." - -This is the way the English are now taxed, and so it would be with -us if the federalists should remain a few years in power. - -Execrable as this bill is in itself, and for its objects, and -for the consequences which it draws after it, it is still more -abominable for the time and manner in which it is driven through -Congress, and the contingencies on which its passage is to depend. -What is the time?--when the new States are just ready to double -their representation, and to present a front which would command -respect for their rights, and secure the grant of all their just -demands. They are pounced upon in this nick of time, before the -arrival of their full representation under the new census, to be -manacled and fettered by a law which assumes to be a perpetual -settlement of the land question, and to bind their interests for -ever. This is the time! what is the manner?--gagged through the -House of Representatives by the previous question, and by new -rules fabricated from day to day, to stifle discussion, prevent -amendments, suppress yeas and nays, and hide the deeds which -shunned the light. This was the manner! What was the contingency on -which its passage was to depend?--the passage of the bankrupt bill! -So that this execrable bill, baited as it was with _douceurs_ to old -States, and bribes to the new ones, and pressed under the gag, and -in the absence of the new representation, was still unable to get -through without a bargain for passing the bankrupt bill at the same -time. Can such legislation stand? Can God, or man, respect such work? - -But a circumstance which distinguished the passage of this bill from -all others--which up to that day was without a precedent--was the -open exertion of a foreign interest to influence our legislation. -This interest had already exerted itself in our presidential -election: it now appeared in our legislation. Victorious in the -election, they attended Congress to see that their expectations -were not disappointed. The lobbies of the House contained them: -the boarding-houses of the whig members were their resort: the -democracy kept aloof, though under other circumstances they would -have been glad to have paid honor to respectable strangers, only -avoided now on account of interest and exertions in our elections -and legislation. Mr. Fernando Wood of New York brought this scandal -to the full notice of the House. "In connection with this point -I will add that, at the time this cheat was in preparation--the -merchants' petition being drawn up by the brokers and speculators -for the congressional market--there were conspicuous bankers in Wall -street, anxious observers, if not co-laborers in the movement. Among -them might be named Mr. Bates, partner of the celebrated house of -Baring, Brothers & Company; Mr. Cryder, of the equally celebrated -house of Morrison, Cryder & Company; Mr. Palmer, junior, son of Mr. -Horsley Palmer, now, or lately, the governor of the Bank of England. -Nor were these 'allies' seen only in Wall street. Their visits were -extended to the capitol; and since the commencement of the debate -upon this bill in the other House, they have been in the lobbies, -attentive, and apparently interested listeners. I make no comment. -Comment is unnecessary. I state facts--undeniable facts: and it is -with feelings akin to humiliation and shame that I stand up here -and state them." These respectable visitors had a twofold object -in their attention to our legislation--the getting a national bank -established, as well as the State debts provided for. Mr. Benton -also pointed out this outrage upon our legislation: - -He then took a rapid view of the bill--its origin, character, and -effects; and showed it to be federal in its origin, associated -with all the federal measures of the present and past sessions; -with bank, tariff, assumption of State debts, dependent upon the -bankrupt bill for its passage; violative of the constitution and the -compacts with the new States; and crowning all its titles to infamy -by drawing capitalists from London to attend this extra session of -Congress, to promote the passage of this bill for their own benefit. -He read a paragraph from the money article in a New York paper, -reciting the names and attendance, on account of this bill, of the -foreign capitalists at Washington. The passage was in these words: - - "At the commencement of the session, almost every foreign house - had a representative here. Wilson, Palmer, Cryder, Bates, - Willinck, Hope, Jaudon, and a host of others, came over on - various pretences; all were in attendance at Washington, and - all seeking to forward the proposed measures. The land bill was - to give them three millions per annum from the public Treasury, - or thirty millions in ten years, and to raise the value of the - stock at least thirty millions more. The revenue bill was to - have supplied the deficiency in the Treasury. The loan bill - was to have been the basis of an increase of importations and - of exchange operations; and the new bank was the instrument of - putting the whole in operation." - -This Mr. Benton accompanied by an article from a London paper, -showing that the capitalists in that city were counting upon the -success of their emissaries at Washington, and that the passage -of this land bill was the first and most anxious wish of their -hearts--that they considered it equivalent to the assumption of -the State debts--and that the benefit of the bill would go to -themselves. This established the character of the bill, and showed -that it had been the means of bringing upon the national legislation -the degrading and corrupting influences of a foreign interference. -For the first time in the history of our government, foreigners have -attended our Congress, to promote the passage of laws for their own -benefit. For the first time we have had London capitalists for -lobby members; and, mortifying to be told, instead of being repulsed -by defeat, they have been encouraged by success; and their future -attendance may now be looked for as a matter of course, at our -future sessions of Congress, when they have debts to secure, stocks -to enhance, or a national bank to establish. - -Mr. Benton also denounced the bill for its unconstitutionality, -its demagogue character, its demoralizing tendencies, its bid for -popularity, and its undaunted attempt to debauch the people with -their own money. - -The gentleman from Virginia [Mr. ARCHER], to whose speech I am -now replying, in allusion to the frequent cry of breach of the -constitution, when there is no breach, says he is sick and weary -of the cry, wolf! wolf! when there is no wolf. I say so too. The -constitution should not be trifled with--should not be invoked on -every petty occasion--should not be proclaimed in danger when there -is no danger. Granting that this has been done sometimes--that too -often, and with too little consideration, the grave question of -constitutionality has been pressed into trivial discussions, and -violation proclaimed where there was none: granting this, I must yet -be permitted to say that such is not the case now. It is not now -a cry of wolf! when there is no wolf. It is no false or sham cry -now. The boy cries in earnest this time. The wolf has come! Long, -lank, gaunt, hungry, voracious, and ferocious, the beast is here! -howling, for its prey, and determined to have it at the expense of -the life of the shepherd. The political stockjobbers and gamblers -raven for the public lands, and tear the constitution to pieces to -get at them. They seize, pillage, and plunder the lands. It is not -a case of misconstruction, but of violation. It is not a case of -misunderstanding the constitution, but of assault and battery--of -maim and murder--of homicide and assassination--committed upon -it. Never has such a daring outrage been perpetrated--never such -a contravention of the object of a confederation--never such a -total perversion, and barefaced departure, from all the purposes -for which a community of States bound themselves together for the -defence, and not for the plunder of each other. No, sir! no! The -constitution was not made to divide money. This confederacy was -not framed for a distribution among its members of lands, money, -property, or effects of any kind. It contains rules and directions -for raising money--for levying duties equally, which the new tariff -will violate; and for raising direct taxes in proportion to federal -population; but it contains no rule for dividing money; and the -distributors have to make one as they go, and the rule they make -is precisely the one that is necessary to carry the bill; and that -varies with the varying strength of the distributing party. In -1836, in the deposit act, it was the federal representation in the -two Houses of Congress: in this bill, as it came from the House -of Representatives, it was the federal numbers. We have put in -representation: it will come back to us with numbers; and numbers -will prevail; for it is a mere case of plunder--the plunder of the -young States by the old ones--of the weak by the strong. Sir, it -is sixteen years since these schemes of distribution were brought -into this chamber, and I have viewed them all in the same light, -and given them all the same indignant opposition. I have opposed -all these schemes as unconstitutional, immoral, fatal to the Union, -degrading to the people, debauching to the States; and inevitably -tending to centralism on one hand or to disruption on the other. I -have opposed the whole, beginning with the first proposition of a -senator from New Jersey [Mr. DICKERSON], to divide five millions -of the sinking fund, and following the baneful scheme through all -its modifications for the distribution of surplus revenue, and -finally of land revenue. I have opposed the whole, adhering to the -constitution, and to the objects of the confederacy, and scorning -the ephemeral popularity which a venal system of plunder could -purchase from the victims, or the dupes of a false and sordid policy. - -I scorn the bill: I scout its vaunted popularity: I detest it. Nor -can I conceive of an object more pitiable and contemptible than that -of the demagogue haranguing for votes, and exhibiting his tables of -dollars and acres, in order to show each voter, or each State, how -much money they will be able to obtain from the Treasury if the land -bill passes. Such haranguing, and such exhibition, is the address of -impudence and knavery to supposed ignorance, meanness, and folly. -It is treating the people as if they were penny wise and pound -foolish; and still more mean than foolish. Why, the land revenue, -after deducting the expenses, if fairly divided among the people, -would not exceed ninepence a head per annum; if fairly divided among -the States, and applied to their debts, it would not supersede above -ninepence per annum of taxation upon the units of the population. -The day for land sales have gone by. The sales of this year do not -exceed a million and a half of dollars, which would not leave more -than a million for distribution; which, among sixteen millions of -people would be exactly fourpence half penny, Virginia money, per -head! a _fip_ in New York, and a _picaillon_ in Louisiana. At two -millions, it would be ninepence a head in Virginia, equivalent to a -_levy_ in New York, and a _bit_ in Louisiana! precisely the amount -which, in specie times, a gentleman gives to a negro boy for holding -his horse a minute at the door. And for this miserable doit--this -insignificant subdivision of a shilling--a York shilling--can the -demagogue suppose that the people are base enough to violate their -constitution, mean enough to surrender the defence of their country, -and stupid enough to be taxed in their coffee, tea, salt, sugar, -coats, hats, blankets, shoes, shirts; and every article of comfort, -decency, or necessity, which they eat, drink, or wear; or on which -they stand, sit, sleep, or lie? - - * * * * * - -The bill was bound to pass. Besides being in the same boat with the -other cardinal whig measures--bank, bankrupt, repeal of independent -treasury--and all arranged to pass together; and besides being -pushed along and supported by the London bankers--it contained -within itself the means of success. It was richly freighted with -inducements to conciliate every interest. To every new State it -made a preliminary distribution of ten per centum (in addition to -the five per centum allowed by compact), on the amount of the sales -within the State: then it came in for a full share of all the rest -in proportion to its population. To the same new States it gave also -five hundred thousand acres of land; or a quantity sufficient to -make up that amount where less had been granted. To the settlers in -the new States, including foreigners who had made the declaration -of their intentions to become naturalized citizens, it gave a -pre-emption right in the public lands, to the amount of one quarter -section: 160 acres. Then it distributed the whole amount of the -land revenue, after deduction of the ten and the five per centum -to the new States, to all the old States and new States together, -in proportion to their population: and included all the States yet -to be created in this scheme of distribution. And that no part of -the people should go without their share in these largesses, the -Territories, though not States, and the District of Columbia, though -not a Territory, were also embraced in the plan--each to receive in -proportion to its numbers. So many inducements to all sections of -the country to desire the bill, and such a chance for popularity to -its authors, made sure, not only of its passage, but of its claim -to the national gratitude. To the eye of patriotism, it was all a -venal proceeding--an attempt to buy up the people with their own -money--having the money to borrow first. For it so happened that -while the distribution bill was passing in one House, to divide -out money among the States and the people, there was a loan bill -depending in the other House, to borrow twelve millions of dollars -for three years; and also, a tax bill to produce eighteen millions -a year to reimburse that loan, and to defray the current expenses -of the government. To make a gratuitous distribution of the land -revenue (equal to several millions per annum), looked like fatuity; -and was so in a financial or governmental point of view. But it -was supposed that the distribution scheme would be irresistibly -popular--that it would chain the people and the States to the party -which passed it--and insure them success in the ensuing presidential -elections. Baseless calculation, as it applied to the people! Vain -hope, as it applied to themselves! The very men that passed the bill -had to repeal it, under the sneaking term of suspension, before -their terms of service were out--within less than one year from the -time it was passed! to be precise, within eleven calendar months -and twelve days, from the day of its passage--counting from the -days, inclusive of both, on which John Tyler, President, approved -and disapproved it--whereof, hereafter. But it passed! and was -obliged to pass. It was a case of mutual assurance with the other -whig measures, and passed the Senate by a party vote--Mr. Preston -excepted--who "broke ranks," and voted with the democracy, making -the negative vote 23. The yeas and nays were: - - YEAS--Messrs. Archer, Barrow, Bates, Bayard, Berrien, Choate, - Clay of Kentucky, Clayton, Dixon, Evans, Graham, Henderson, - Huntington, Kerr, Mangum, Merrick, Miller, Morehead, Phelps, - Porter, Prentiss, Rives, Simmons, Smith of Indiana, Southard, - Tallmadge, White, Woodbridge. - - NAYS--Messrs. Allen, Benton, Buchanan, Calhoun, Clay of Alabama, - Cuthbert, Fulton, King, Linn, McRoberts, Mouton, Nicholson, - Pierce, Preston, Sevier, Smith of Connecticut, Sturgeon, Tappan, - Walker, Williams, Woodbury, Wright, Young. - -In the House the vote was close--almost even--116 to 108. The yeas -and nays were: - - YEAS--Messrs. John Quincy Adams, Elisha H. Allen, Landaff - W. Andrews, Sherlock J. Andrews, Thomas D. Arnold, John B. - Aycrigg, Alfred Babcock, Osmyn Baker, Daniel D. Barnard, Victory - Birdseye, Henry Black, Bernard Blair, William W. Boardman, - Nathaniel B. Borden, John M. Botts, George N. Briggs, John H. - Brockway, David Bronson, Jeremiah Brown, Barker Burnell, William - B. Calhoun, Thomas J. Campbell, Robert L. Caruthers, Thomas - C. Chittenden, John C. Clark, Staley N. Clarke, James Cooper, - Benjamin S. Cowen, Robert B. Cranston, James H. Cravens, Caleb - Cushing, Edmund Deberry, John Edwards, Horace Everett, William - P. Fessenden, Millard Fillmore, A. Lawrence Foster, Seth M. - Gates, Meredith P. Gentry, Joshua R. Giddings, William L. - Goggin, Patrick G. Goode, Willis Green, John Greig, Hiland Hall, - William Halstead, William S. Hastings, Thomas Henry, Charles - Hudson, Hiram P. Hunt, James Irvin, William W. Irvin, Francis - James, William Cost Johnson, Isaac D. Jones, John P. Kennedy, - Henry S. Lane, Joseph Lawrence, Archibald L. Linn, Thomas F. - Marshall, Samson Mason, Joshua Mathiot, John Mattocks, John - P. B. Maxwell, John Maynard, John Moore, Christopher Morgan, - Calvary Morris, Jeremiah Morrow, Thomas B. Osborne, Bryan Y. - Owsley, James A. Pearce, Nathaniel G. Pendleton, John Pope, - Cuthbert Powell, George H. Proffit, Robert Ramsey, Benjamin - Randall, Alexander Randall, Joseph F. Randolph, Kenneth Rayner, - Joseph Ridgway, George B. Rodney, William Russel, Leverett - Saltonstall, John Sergeant, William Simonton, William Slade, - Truman Smith, Augustus R. Sollers, James C. Sprigg, Edward - Stanly, Samuel Stokely, Charles C. Stratton, Alexander H. H. - Stuart, George W. Summers, John Taliaferro, John B. Thompson, - Richard W. Thompson, Joseph L. Tillinghast, George W. Toland, - Thomas A. Tomlinson, Philip Triplett, Joseph Trumbull, Joseph - R. Underwood, Henry Van Rensselaer, David Wallace, William - H. Washington, Edward D. White, Joseph L. White, Thomas W. - Williams, Lewis Williams, Joseph L. Williams, Robert C. - Winthrop, Thomas Jones Yorke, Augustus Young, John Young. - -Those who voted in the negative, are: - - NAYS--Messrs. Julius C. Alford, Archibald H. Arrington, Charles - G. Atherton, Linn Banks, Henry W. Beeson, Benjamin A. Bidlack, - Samuel S. Bowne, Linn Boyd, David P. Brewster, Aaron V. Brown, - Milton Brown, Joseph Egbert, Charles G. Ferris, John G. Floyd, - Joseph Fornance, Thomas F. Foster, Roger L. Gamble, Thomas W. - Gilmer, William O. Goode, Samuel Gordon, James Graham, Amos - Gustine, Richard W. Habersham, William A. Harris, John Hastings, - Samuel L. Hays, Isaac E. Holmes, George W. Hopkins, Jacob Houck, - jr., George S. Houston, Edmund W. Hubard, Robert M. T. Hunter, - William Jack, Cave Johnson, John W. Jones, George M. Keim, - Edmund Burke, Sampson H. Butler, William Butler, William O. - Butler, Green W. Caldwell, Patrick C. Caldwell, John Campbell, - William B. Campbell, George B. Cary, Reuben Chapman, Nathan - Clifford, Andrew Kennedy, Thomas Butler King, Dixon H. Lewis, - Nathaniel S. Littlefield, Joshua A. Lowell, Abraham McClellan, - Robert McClellan, James J. McKay, John McKeon, Francis Mallory, - Albert G. Marchand, Alfred Marshall, John Thompson Mason, James - Mathews, William Medill, James A. Meriwether, John Miller, - Peter Newhard, Eugenius A. Nisbet, William M. Oliver, William - Parmenter, Samuel Patridge, William W. Payne, Francis W. - Pickens, Arnold Plumer, James G. Clinton, Walter Coles, John R. - J. Daniel, Richard D. Davis, John B. Dawson, Ezra Dean, Davis - Dimock, jr., William Doan, Andrew W. Doig, Ira A. Eastman, John - C. Edwards, John R. Reding, Abraham Rencher, R. Barnwell Rhett, - Lewis Riggs, James Rogers, James I. Roosevelt, John Sanford, - Romulus M. Saunders, Tristram Shaw, Augustine H. Shepperd, - Benjamin G. Shields, John Snyder, Lewis Steenrod, Thomas D. - Sumter, George Sweney, Hopkins L. Turney, John Van Buren, Aaron - Ward, Lott Warren, Harvey M. Watterson, John B. Weller, John - Westbrook, James W. Williams, Henry A. Wise, Fernando Wood. - -The progress of the abuse inherent in a measure so vicious, was -fully illustrated in the course of these distribution-bills. First, -they were merely to relieve the distresses of the people: now they -were to make payment of State debts, and to enhance the price of -State stocks in the hands of London capitalists. In the beginning -they were to divide a surplus on hand, for which the government -had no use, and which ought to be returned to the people who had -paid it, and who now needed it: afterwards it was to divide the -land-money years ahead without knowing whether there would be any -surplus or not: now they are for dividing money when there is none -to divide--when there is a treasury deficit--and loans and taxes -required to supply it. Originally, they were for short and limited -terms--first, for one year--afterwards for five years: now for -perpetuity. This bill provides for eternity. It is a curiosity in -human legislation, and contained a clause which would be ridiculous -if it had not been impious--an attempt to manacle future Congresses, -and to bind posterity through unborn generations. The clause ran -in these words: That if, at any time during the existence of this -act, duties on imported goods should be raised above the rate of -the twenty per centum on the value as provided in the compromise -act of 1833, then the distribution of the land revenue should be -suspended, and continue so until reduced to that rate; and then -be resumed. Fallacious attempt to bind posterity! It did not even -bind those who made it: for the same Congress disregarded it. But -it shows to what length the distribution spirit had gone; and that -even protective tariff--that former sovereign remedy for all the -wants of the people--was sacrificed to it. Mr. Clay undertaking to -bind all the Congresses for ever to uniform twenty per centum ad -valorem duties. And while the distribution-bill thus undertook to -protect and save the compromise of 1833, the new tariff-bill of -this session, undertook to return the favor by assuming to protect -and save the distribution-bill. Its second section contained this -proviso: That if any duty exceeding twenty per centum on the value -shall be levied before the 30th day of June, 1842, it should not -stop the distribution of the land revenue, as provided for in the -distribution act of the present session. Thus, the two acts were -made mutual assurers, each stipulating for the life of the other, -and connecting things which had no mutual relation except in the -coalitions of politicians; but, like other assurers, not able to -save the lives they assured. Both acts were gone in a year! And the -marvel is how such flimsy absurdities could be put into a statute? -And the answer, from the necessity of conciliating some one's -vote, without which the bills could not pass. Thus, some Southern -anti-tariff men would not vote for the distribution bill unless the -compromise of 1833 was protected; and some distribution men of the -West would not vote for the anti-tariff act unless the distribution -bill was protected. And hence the ridiculous, presumptuous, and idle -expedient of mutually insuring each other. - - - - -CHAPTER LXIX. - -INSTITUTION OF THE HOUR RULE IN DEBATE IN THE HOUSE OF -REPRESENTATIVES: ITS ATTEMPT, AND REPULSE IN THE SENATE. - - -This session is remarkable for the institution of the hour rule -in the House of Representatives--the largest limitation upon the -freedom of debate which any deliberative assembly ever imposed upon -itself, and presents an eminent instance of permanent injury done -to free institutions in order to get rid of a temporary annoyance. -It was done at a time when the party, called whig, was in full -predominance in both Houses of Congress, and in the impatience -of delay in the enactment of their measures. It was essentially -a whig measure--though with exceptions each way--the body of the -whigs going for it; the body of the democracy against it--several -eminent whigs voting with them: Mr. John Quincy Adams, William C. -Dawson, James A. Pearce, Kenneth Rayner, Edward Stanly, Alexander -H. H. Stuart, Edward D. White and others. Mr. Lott Warren moved the -rule as an amendment to the body of the rules; and, in the same -moment, moved the previous question: which was carried. The vote was -immediately taken, and the rule established by a good majority--only -seventy-five members voting against it. They were: - - Messrs. John Quincy Adams, Archibald H. Arrington, Charles - G. Atherton, Linn Banks, Daniel D. Barnard, John M. Botts, - Samuel S. Bowne, Linn Boyd, David P. Brewster, Aaron V. Brown, - Edmund Burke, Barker Burnell, Green W. Caldwell, John Campbell, - Robert L. Caruthers, George B. Cary, Reuben Chapman, James G. - Clinton, Walter Coles, John R. J. Daniel, Wm. C. Dawson, Ezra - Dean, Andrew W. Doig, Ira A. Eastman, Horace Everett, Charles - G. Ferris, John G. Floyd, Charles A. Floyd, William O. Goode, - Samuel Gordon, Samuel L. Hays, George W. Hopkins, Jacob Houck, - jr., Edmund W. Hubard, Charles Hudson, Hiram P. Hunt, William - W. Irwin, William Jack, Cave Johnson, John W. Jones, George - M. Keim, Andrew Kennedy, Thomas Butler King, Dixon H. Lewis, - Nathaniel S. Littlefield, Joshua A. Lowell, Abraham McClellan, - Robert McClellan, James J. McKay, Francis Mallory, Alfred - Marshall, Samson Mason, John Thompson Mason, John Miller, Peter - Newhard, William Parmenter, William W. Payne, James A. Pearce, - Francis W. Pickens, Kenneth Rayner, John R. Reding, Lewis Riggs, - Romulus M. Saunders, William Slade, John Snyder, Augustus - R. Sollers, James C. Sprigg, Edward Stanly, Lewis Steenrod, - Alexander H. H. Stuart, Hopkins L. Turney, Aaron Ward, John - Westbrook, Edward D. White, Joseph L. Williams. - -The Roman republic had existed four hundred and fifty years, and -was verging towards its fall under the first triumvirate--(Caesar, -Pompey, and Crassus)--before pleadings were limited to two hours -before the JUDICES SELECTI. In the Senate the speeches of senators -were never limited at all; but even the partial limitation then -placed upon judicial pleadings, but which were, in fact, popular -orations, drew from Cicero an affecting deprecation of its effect -upon the cause of freedom, as well as upon the field of eloquence. -The reader of the admired treatise on oratory, and notices of -celebrated orators, will remember his lamentation--as wise in its -foresight of evil consequences to free institutions, as mournful -and affecting in its lamentation over the decline of oratory. -Little could he have supposed that a popular assembly should ever -exist, and in a country where his writings were read, which would -voluntarily impose upon itself a far more rigorous limitation -than the one over which he grieved. Certain it is, that with our -incessant use of the previous question, which cuts off all debate, -and the hour rule which limits a speech to sixty minutes (constantly -reduced by interruptions); and the habit of fixing an hour at which -the question shall be taken, usually brief, and the intermediate -little time not secure for that question: with all these limitations -upon the freedom of debate in the House, certain it is that such an -anomaly was never seen in a deliberative assembly, and the business -of a people never transacted in the midst of such ignorance of what -they are about by those who are doing it. - -No doubt the license of debate has been greatly abused in our -halls of Congress--as in those of the British parliament: but this -suppression of debate is not the correction of the abuse, but the -destruction of the liberty of speech: and that, not as a personal -privilege, but as a representative right, essential to the welfare -of the people. For fifty years of our government there was no such -suppression: in no other country is there the parallel to it. -Yet in all popular assemblies there is an abuse in the liberty of -speech, inherent in the right of speech, which gives to faction and -folly the same latitude as to wisdom and patriotism. The English -have found the best corrective: it is in the House itself--its -irregular power: its refusal to hear a member further when they are -tired of him. A significant scraping and coughing warns the annoying -speaker when he should cease: if the warning is not taken, a tempest -drowns his voice: when he appeals to the chair, the chair recommends -him to yield to the temper of the House. A few examples reduce the -practice to a rule--insures its observance; and works the correction -of the abuse without the destruction of debate. No man speaking to -the subject, and giving information to the House, was ever scraped -and coughed down, in the British House of Commons. No matter how -plain his language, how awkward his manner, how confused his -delivery, so long as he gives information he is heard attentively; -while the practice falls with just, and relentless effect upon -the loquacious members, who mistake volubility for eloquence, who -delight themselves while annoying the House--who are insensible to -the proprieties of time and place, take the subject for a point to -stand on: and then speak off from it in all directions, and equally -without continuity of ideas or disconnection of words. The practice -of the British House of Commons puts an end to all such annoyance, -while saving every thing profitable that any member can utter. - -The first instance of enforcing this new rule stands thus recorded -in the Register of Debates: - - "Mr. PICKENS proceeded, in the next place to point out the - items of expenditure which might, without the least injury - to the interests of the government or to the public service, - suffer retrenchment. He quoted the report of the Secretary of - the Treasury of December 9, 1840; from it he took the several - items, and then stated how much, in his opinion, each might be - reduced. The result of the first branch of this reduction of - particulars was a sum to be retrenched amounting to $852,000. - He next went into the items of pensions, the Florida war, and - the expenditures of Congress; on these, with a few minor ones - in addition, he estimated that there might, without injury, be - a saving of four millions. Mr. P. had gotten thus far in his - subject, and was just about to enter into a comparison of the - relative advantages of a loan and of Treasury notes, when - - "The Chair here reminded Mr. Pickens that his hour had expired. - - "Mr. PICKENS. The hour out? - - "The CHAIR. Yes, sir. - - "Mr. PICKENS. [Looking at his watch.] Bless my soul! Have I run - my race? - - "Mr. HOLMES asked whether his colleague had not taken ten - minutes for explanations? - - "Mr. Warren desired that the rule be enforced. - - "Mr. PICKENS denied that the House had any constitutional right - to pass such a rule. - - "The CHAIR again reminded Mr. Pickens that he had spoken an hour. - - "Mr. PICKENS would, then, conclude by saying it was the most - infamous rule ever passed by any legislative body. - - "Mr. J. G. FLOYD of New York, said the gentleman had been - frequently interrupted, and had, therefore, a right to continue - his remarks. - - "The CHAIR delivered a contrary opinion. - - "Mr. FLOYD appealed from his decision. - - "The CHAIR then rose to put the question, whether the decision - of the Chair should stand as the judgment of the House? when - - "Mr. FLOYD withdrew his appeal. - - "Mr. DAWSON suggested whether the Chair had not possibly made a - mistake with respect to the time. - - "The CHAIR said there was no mistake. - - "Mr. PICKENS then gave notice that he would offer an amendment. - - "The CHAIR remarked that the gentleman was not in order. - - "Mr. PICKENS said that if the motion to strike out the enacting - clause should prevail, he would move to amend the bill by - introducing a substitute, giving ample means to the Treasury, - but avoiding the evils of which he complained in the bill now - under consideration." - -The measure having succeeded in the House which made the majority -master of the body, and enabled them to pass their bills without -resistance or exposure, Mr. Clay undertook to do the same thing -in the Senate. He was impatient to pass his bills, annoyed at -the resistance they met, and dreadfully harassed by the species -of warfare to which they were subjected; and for which he had -no turn. The democratic senators acted upon a system, and with -a thorough organization, and a perfect understanding. Being a -minority, and able to do nothing, they became assailants, and -attacked incessantly; not by formal orations against the whole body -of a measure, but by sudden, short, and pungent speeches, directed -against the vulnerable parts; and pointed by proffered amendments. -Amendments were continually offered--a great number being prepared -every night, and placed in suitable hands for use the next -day--always commendably calculated to expose an evil, and to present -a remedy. Near forty propositions of amendment were offered to the -first fiscal agent bill alone--the yeas and nays taken upon them -seven and thirty times. All the other prominent bills--distribution, -bankrupt, fiscal corporation--new tariff act, called revenue--were -served the same way. Every proposed amendment made an issue, which -fixed public attention, and would work out in our favor--end as -it might. If we carried it, which was seldom, there was a good -point gained: if we lost it, there was a bad point exposed. In -either event we had the advantage of discussion, which placed our -adversaries in the wrong; and the speaking fact of the yeas and -nays--which told how every man was upon every point. We had in our -ranks every variety of speaking talent, from plain and calm up to -fiery and brilliant--and all matter-of-fact men--their heads well -stored with knowledge. There were but twenty-two of us; but every -one a speaker, and effective. We kept their measures upon the anvil, -and hammered them continually: we impaled them against the wall, -and stabbed them incessantly. The Globe newspaper was a powerful -ally (Messrs. Blair and Rives); setting off all we did to the best -advantage in strong editorials--and carrying out our speeches, -fresh and hot, to the people: and we felt victorious in the midst -of unbroken defeats. Mr. Clay's temperament could not stand it, and -he was determined to silence the troublesome minority, and got the -acquiescence of his party, and the promise of their support: and -boldly commenced his operations--avowing his design, at the same -time, in open Senate. - -It was on the 12th day of July--just four days after the new rule -had been enforced in the House, and thereby established (for up -to that day, it was doubtful whether it could be enforced)--that -Mr. Clay made his first movement towards its introduction in the -Senate; and in reply to Mr. Wright of New York--one of the last -men in the world to waste time in the Senate, or to speak without -edification to those who would listen. It was on the famous fiscal -bank bill, and on a motion of Mr. Wright to strike out the large -subscription reserved for the government, so as to keep the -government unconnected with the business of the bank. The mover made -some remarks in favor of his motion--to which Mr. Clay replied: and -then went on to say: - - "He could not help regarding the opposition to this measure as - one eminently calculated to delay the public business, with - no other object that he could see than that of protracting to - the last moment the measures for which this session had been - expressly called to give to the people. This too was at a time - when the whole country was crying out in an agony of distress - for relief." - -These remarks, conveying a general imputation upon the minority -senators of factious conduct in delaying the public business, and -thwarting the will of the people, justified an answer from any one -of them to whom it was applicable: and first received it from Mr. -Calhoun. - - Mr. Calhoun was not surprised at the impatience of the senator - from Kentucky, though he was at his attributing to this side of - the chamber the delays and obstacles thrown in the way of his - favorite measure. How many days did the senator himself spend - in amending his own bill? The bill had been twelve days before - the Senate, and eight of those had been occupied by the friends - of the bill. That delay did not originate on this side of the - House; but now that the time which was cheerfully accorded to - him and his friends is to be reciprocated, before half of it - is over, the charge of factious delay is raised. Surely the - urgency and impatience of the senator and his friends cannot be - so very great that the minority must not be allowed to employ - as many days in amending their bill as they took themselves to - alter it. The senator from Kentucky says he is afraid, if we go - on in this way, we will not get through the measures of this - session till the last of autumn. Is not the fault in himself, - and in the nature of the measures he urges so impatiently? These - measures are such as the senators in the minority are wholly - opposed to on principle--such as they conscientiously believe - are unconstitutional--and is it not then right to resist them, - and prevent, if they can, all invasions of the constitution? - Why does he build upon such unreasonable expectations as to - calculate on carrying measures of this magnitude and importance - with a few days of hasty legislation on each? What are the - measures proposed by the senator? They comprise the whole - federal system, which it took forty years, from 1789 to 1829, - to establish--but which are now, happily for the country, - prostrate in the dust. And it is these measures, fraught with - such important results that are now sought to be hurried - through in one extra session; measures which, without consuming - one particle of useless time to discuss fully, would require, - instead of an extra session of Congress, four or five regular - sessions. The senator said the country was in agony, crying for - "action," "action." He understood whence that cry came--it came - from the holders of State stocks, the men who expected another - expansion, to relieve themselves at the expense of government. - "Action"--"action," meant nothing but "plunder," "plunder," - "plunder;" and he assured the gentleman, that he could not be - more anxious in urging on a system of plunder than he (Mr. - Calhoun) would be in opposing it. He so understood the senator, - and he inquired of him, whether he called this an insidious - amendment? - -This was a sharp reply, just in its retort, spirited in its tone, -judicious in expanding the basis of the new debate that was to come -on; and greatly irritated Mr. Clay. He immediately felt that he had -no right to impeach the motives of senators, and catching up Mr. -Calhoun on that point, and strongly contesting it, brought on a -rapid succession of contradictory asseverations: Thus: - - "Mr. CLAY. I said no such thing, sir; I did not say any thing - about the _motives_ of senators. - - "Mr. CALHOUN said he understood the senator's meaning to be that - the motives of the opposition were factious and frivolous. - - "Mr. CLAY. I said no such thing, sir. - - "Mr. CALHOUN. It was so understood. - - "Mr. CLAY. No, sir; no, sir. - - "Mr. CALHOUN. Yes, sir, yes; it could be understood in no other - way. - - "Mr. CLAY. What I did say, was, that the _effect_ of such - amendments, and of consuming time in debating them, would be - a waste of that time from the business of the session; and, - consequently, would produce unnecessary delay and embarrassment. - I said nothing of _motives_--I only spoke of the practical - _effect_ and result. - - "Mr. CALHOUN said he understood it had been repeated for the - second time that there could be no other motive or object - entertained by the senators in the opposition, in making - amendments and speeches on this bill, than to embarrass the - majority by frivolous and vexatious delay. - - "Mr. CLAY insisted that he made use of no assertions as to - _motives_. - - "Mr. CALHOUN. If the senator means to say that he does not - accuse this side of the House of bringing forward propositions - for the sake of delay, he wished to understand him. - - "Mr. CLAY. I intended that. - - "Mr. CALHOUN repeated that he understood the senator to mean - that the senators in the opposition were spinning out the time - for no other purpose but that of delaying and embarrassing the - majority. - - "Mr. CLAY admitted that was his meaning, though not thus - expressed." - -So ended this keen colloquy in which the pertinacity, and clear -perceptions of Mr. Calhoun brought out the admission that the -impeachment of motives was intended, but not expressed. Having got -this admission Mr. Calhoun went on to defy the accusation of faction -and frivolity, and to declare a determination in the minority to -continue in their course; and put a peremptory question to Mr. Clay. - - "Mr. Calhoun observed that to attempt, by such charges of - factious and frivolous motives, to silence the opposition, was - wholly useless. He and his friends had principles to contend for - that were neither new nor frivolous, and they would here now, - and at all times, and in all places, maintain them against those - measures, in whatever way they thought most efficient. Did the - senator from Kentucky mean to apply to the Senate the gag law - passed in the other branch of Congress? If he did, it was time - he should know that he (Mr. Calhoun), and his friends were ready - to meet him on that point." - -This question, and the avowed readiness to meet the gagging attempt, -were not spoken without warrant. The democratic senators having got -wind of what was to come, had consulted together and taken their -resolve to defy and to dare it--to resist its introduction, and -trample upon the rule, if voted: and in the mean time to gain an -advantage with the public by rendering odious their attempt. Mr. -Clay answered argumentatively for the rule, and that the people were -for it: - - "Let those senators go into the country, and they will find - the whole body of the people complaining of the delay and - interruption of the national business, by their long speeches - in Congress; and if they will be but admonished by the people, - they will come back with a lesson to cut short their debating, - and give their attention more to action than to words. Who ever - heard that the people would be dissatisfied with the abridgment - of speeches in Congress? He had never heard the shortness of - speeches complained of. Indeed, he should not be surprised if - the people would got up remonstrances against lengthy speeches - in Congress." - -With respect to the defiance, Mr. Clay returned it, and declared his -determination to bring forward the measure. - - "With regard to the intimation of the gentleman from South - Carolina [Mr. CALHOUN], he understood him and his course - perfectly well, and told him and his friends that, for himself, - he knew not how his friends would act; he was ready at any - moment to bring forward and support a measure which should give - to the majority the control of the business of the Senate of - the United States. Let them denounce it as much as they pleased - in advance: unmoved by any of their denunciations and threats, - standing firm in the support of the interests which he believed - the country demands, for one, he was ready for the adoption of - a rule which would place the business of the Senate under the - control of a majority of the Senate." - -Mr. Clay was now committed to bring forward the measure; and was -instantly and defyingly invited to do so. - - "Mr. CALHOUN said there was no doubt of the senator's - predilection for a gag law. Let him bring on that measure as - soon as ever he pleases. - - "Mr. BENTON. Come on with it." - -Without waiting for any thing further from Mr. Clay, Mr. Calhoun -proceeded to show him, still further, how little his threat was -heeded and taunted him with wishing to revive the spirit of the -alien and sedition laws: - - "Mr. CALHOUN said it must be admitted that if the senator - was not acting on the federal side, he would find it hard to - persuade the American people of the fact, by showing them his - love of gag laws, and strong disposition to silence both the - national councils and the press. Did he not remember something - about an alien and sedition law, and can he fail to perceive - the relationship with the measure he contemplates to put down - debate here? What is the difference, in principle, between his - gag law and the alien and sedition law? We are gravely told that - the speaking of the representatives of the people, which is to - convey to them full information on the subjects of legislation - in their councils, is worse than useless, and must be abated. - Who consumed the time of last Congress in long speeches, - vexatious and frivolous attempts to embarrass and thwart the - business of the country, and useless opposition, tending to - no end but that out of doors, the presidential election? Who - but the senator and his party, then in the minority? But now, - when they are in the majority, and the most important measures - ever pressed forward together in one session, he is the first - to threaten a gag law, to choke off debate, and deprive the - minority even of the poor privilege of entering their protest." - -Of all the members of the Senate, one of the mildest and most -amicable--one of the gentlest language, and firmest purpose--was -Dr. Linn, of Missouri. The temper of the minority senators may be -judged by the tone and tenor of his remarks. - - "He (Mr. LINN) would for his part, make a few remarks here, and - in doing so he intended to be as pointed as possible, for he had - now, he found, to contend for liberty of speech; and while any - of that liberty was left, he would give his remarks the utmost - bounds consistent with his own sense of what was due to himself, - his constituents, and the country. The whigs, during the late - administration, had brought to bear a system of assault against - the majority in power, which might justly be characterized as - frivolous and vexatious, and nothing else; yet they had always - been treated by the majority with courtesy and forbearance; and - the utmost latitude of debate had been allowed them without - interruption. In a session of six months, they consumed the - greater part of the time in speeches for electioneering - effect, so that only twenty-eight bills were passed. These - electioneering speeches, on all occasions that could be started, - whether the presentation of a petition, motion, or a resolution, - or discussion of a bill, were uniformly and studiously of the - most insulting character to the majority, whose mildest form - of designation was "collar men;" and other epithets equally - degrading. How often had it been said of the other branch of - Congress, "What could be expected from a House so constituted?" - Trace back the course of that party, step by step, to 1834, - and it may be tracked in blood. The outrages in New York in - that year are not forgotten. The fierce and fiendish spirit of - strife and usurpation which prompted the seizure of public arms, - to turn them against those who were their fellow-citizens, is - yet fresh as ever, and ready to win its way to what it aims - at. What was done then, under the influence and shadow of the - great money power, may be done again. He (Mr. LINN) had marked - them, and nothing should restrain him from doing his duty and - standing up in the front rank of opposition to keep them from - the innovations they meditated. Neither the frown nor menace of - any leader of that party--no lofty bearing, or shaking of the - mane--would deter him from the fearless and honest discharge of - those obligations which were due to his constituents and to the - country. He next adverted to the conduct of the whig party when - the sub-treasury was under discussion, and reminded the present - party in power of the forbearance with which they had been - treated, contrasting that treatment with the manifestations now - made to the minority. We are now, said Mr. Linn in conclusion, - to be checked; but I tell the senator from Kentucky, and any - other senator who chooses to tread in his steps, that he is - about to deal a double handed game at which two can play. He is - welcome to try his skill. But I would expect that some on that - side are not prepared to go quite so far; and that there is yet - among them sufficient liberality to counterbalance political - feeling, and induce them not to object to our right of spending - as much time in trying to improve their bill as they have taken - themselves to clip and pare and shape it to their own fancies." - -Here this irritating point rested for the day--and for three days, -when it was revived by the reproaches and threats of Mr. Clay -against the minority. - - "The House (he said) had been treading on the heels of the - Senate, and at last had got the start of it a long way in - advance of the business of this session. The reason was obvious. - The majority there is for action, and has secured it. Some - change was called for in this chamber. The truth is that the - minority here control the action of the Senate, and cause all - the delay of the public business. They obstruct the majority in - the dispatch of all business of importance to the country, and - particularly those measures which the majority is bound to give - to the country without further delay. Did not this reduce the - majority to the necessity of adopting some measure which would - place the control of the business of the session in their hands? - It was impossible to do without it: it must be resorted to." - -To this Mr. Calhoun replied: - - "The senator from Kentucky tells the Senate the other House has - got before it. How has the other House got before the Senate? By - a despotic exercise of the power of a majority. By destroying - the liberties of the people in gagging their representatives. - By preventing the minority from its free exercise of its right - of remonstrance. This is the way the House has got before the - Senate. And now there was too much evidence to doubt that the - Senate was to be made to keep up with the House by the same - means." - -Mr. Clay, finding such undaunted opposition to the hour rule, -replied in a way to let it be seen that the threat of that rule -was given up, and that a measure of a different kind, but equally -effective, was to be proposed; and would be certainly adopted. He -said: - - "If he did not adopt the same means which had proved so - beneficial in the other House, he would have something equally - efficient to offer. He had no doubt of the cheerful adoption of - such a measure when it should come before the Senate. So far - from the rule being condemned, he would venture to say that it - would be generally approved. It was the means of controlling the - business, abridging long and unnecessary speeches, and would be - every way hailed as one of the greatest improvements of the age." - -This glimpse of another measure, confirmed the minority in the -belief of what they had heard--that several whig senators had -refused to go with Mr. Clay for the hour rule, and forced him to -give it up; but they had agreed to go for the previous question, -which he held to be equally effective; and was, in fact, more so--as -it cut off debate at any moment. It was just as offensive as the -other. Mr. King, of Alabama, was the first to meet the threat, under -this new form, and the Register of Debates shows this scene: - - "Mr. King said the senator from Kentucky complained of three - weeks and a half having been lost in amendments to his bill. Was - not the senator aware that it was himself and his friends had - consumed most of that time? But now that the minority had to - take it up, the Senate is told there must be a gag law. Did he - understand that it was the intention of the senator to introduce - that measure? - - "Mr. CLAY. I will, sir; I will! - - "Mr. KING. I tell the senator, then, that he may make his - arrangements at his boarding-house for the winter. - - "Mr. CLAY. Very well, sir. - - "Mr. KING was truly sorry to see the honorable senator so far - forgetting what is due to the Senate, as to talk of coercing - it by any possible abridgment of its free action. The freedom - of debate had never yet been abridged in that body, since the - foundation of this government. Was it fit or becoming, after - fifty years of unrestrained liberty, to threaten it with a gag - law? He could tell the senator that, peaceable a man as he (Mr. - KING) was, whenever it was attempted to violate that sanctuary, - he, for one, would resist that attempt even unto the death." - -The issue was now made up, and the determination on both sides -declared--on the part of Mr. Clay, speaking in the name of his -party, to introduce the previous question in the Senate, for the -purpose of cutting off debate and amendments; on the part of -the minority, to resist the rule--not only its establishment, -but its execution. This was a delicate step, and required -justification before the public, before a scene of resistance to the -execution--involving disorder, and possibly violence--should come -on. The scheme had been denounced, and defied; but the ample reasons -against it had not been fully stated; and it was deemed best that a -solid foundation of justification for whatever might happen, should -be laid beforehand in a reasoned and considered speech. The author -of this View, was required to make that speech; and for that purpose -followed Mr. King. - - "Mr. Benton would take this opportunity to say a word on this - menace, so often thrown out, of a design to stifle debate, and - stop amendments to bills in this chamber. He should consider - such an attempt as much a violation of the constitution, and of - the privileges of the chamber, as it would be for a military - usurper to enter upon us, at the head of his soldiery, and expel - us from our seats. - - "It is not in order, continued Mr. B.--it is not in order, - and would be a breach of the privilege of the House of - Representatives, to refer to any thing which may have taken - place in that House. My business is with our own chamber, and - with the threat which has so often been uttered on this floor, - during this extra session, of stifling debate, and cutting off - amendments, by the introduction of the previous question. - - "With respect to debates, senators have a constitutional right - to speak; and while they speak to the subject before the House, - there is no power any where to stop them. It is a constitutional - right. When a member departs from the question, he is to be - stopped: it is the duty of the Chair--your duty, Mr. President, - to stop him--and it is the duty of the Senate to sustain you in - the discharge of this duty. We have rules for conducting the - debates, and these rules only require to be enforced in order to - make debates decent and instructive in their import, and brief - and reasonable in their duration. The government has been in - operation above fifty years, and the freedom of debate has been - sometimes abused, especially during the last twelve years, when - those out of power made the two houses of Congress the arena - of political and electioneering combat against the democratic - administration in power. The liberty of debate was abused during - this time; but the democratic majority would not impose gags - and muzzles on the mouths of the minority; they would not stop - their speeches; considering, and justly considering, that the - privilege of speech was inestimable and inattackable--that some - abuse of it was inseparable from its enjoyment--and that it - was better to endure a temporary abuse than to incur a total - extinction of this great privilege. - - "But, sir, debate is one thing, and amendments another. A long - speech, wandering off from the bill, is a very different thing - from a short amendment, directed to the texture of the bill - itself, and intended to increase its beneficial, or to diminish - its prejudicial action. These amendments are the point to which - I now speak, and to the nature of which I particularly invoke - the attention of the Senate. - - "By the constitution of the United States, each bill is to - receive three readings, and each reading represents a different - stage of proceeding, and a different mode of action under - it. The first reading is for information only; it is to let - the House know what the bill is for, what its contents are; - and then neither debate nor amendment is expected, and never - occurs, except in extraordinary cases. The second reading is - for amendments and debate, and this reading usually takes place - in Committee of the Whole in the House of Representatives, - and in _quasi_ committee in the Senate. The third reading, - after the bill is engrossed, is for passage; and then it - cannot be amended, and is usually voted upon with little or - no debate. Now, it is apparent that the second reading of the - bill is the important one--that it is the legislative--the - law-making--reading; the one at which the collective wisdom of - the House is concentrated upon it, to free it from defects, - and to improve it to the utmost--to illustrate its nature, and - trace its consequences. The bill is drawn up in a committee; - or it is received from a department in the form of a _projet - de loi_, and reported by a committee; or it is the work of - a single member, and introduced on leave. The bill, before - perfected by amendments, is the work of a committee, or of a - head of a department, or of a single member; and if amendments - are prevented, then the legislative power of the House is - annihilated; the edict of a secretary, of a committee, or of - a member, becomes the law; and the collected and concentrated - wisdom and experience of the House has never been brought to - bear upon it. - - "The previous question cuts off amendments; and, therefore, - neither in England nor in the United States, until now, in the - House of Representatives, has that question ever been applied - to bills in Committee of the Whole, on the second reading. - This question annihilates legislation, sets at nought the - wisdom of the House, and expunges the minority. It is always - an invidious question, but seldom enforced in England, and but - little used in the earlier periods of our own government. It - has never been used in the Senate at all, never at any stage - of the bill; in the House of Representatives it has never been - used on the second reading of a bill, in Committee of the - Whole, until the present session--this session, so ominous in - its call and commencement, and which gives daily proof of its - alarming tendencies, and of its unconstitutional, dangerous, and - corrupting measures. The previous question has never yet been - applied in this chamber; and to apply it now, at this ominous - session, when all the old federal measures of fifty years ago - are to be conglomerated into one huge and frightful mass, and - rushed through by one convulsive effort; to apply it now, under - such circumstances, is to muzzle the mouths, to gag the jaws, - and tie up the tongues of those whose speeches would expose the - enormities which cannot endure the light, and present to the - people these ruinous measures in the colors in which they ought - to be seen. - - "The opinion of the people is invoked--they are said to be - opposed to long speeches, and in favor of action. But, do - they want action without deliberation, without consideration, - without knowing what we are doing? Do they want bills without - amendments--without examination of details--without a knowledge - of their effect and operation when they are passed? Certainly - the people wish no such thing. They want nothing which will not - bear discussion. The people are in favor of discussion, and - never read our debates with more avidity than at this ominous - and critical extraordinary session. But I can well conceive of - those who are against those debates, and want them stifled. Old - sedition law federalism is against them: the cormorants who - are whetting their bills for the prey which the acts of this - session are to give them, are against them: and the advocates of - these acts, who cannot answer these arguments, and who shelter - weakness under _dignified_ silence, they are all weary, sick - and tired of a contest which rages on one side only, and which - exposes at once the badness of their cause and the defeat of its - defenders. Sir, this call for action! action! action! (as it was - well said yesterday), comes from those whose cry is, plunder! - plunder! plunder! - - "The previous question, and the old sedition law, are measures - of the same character, and children of the same parents, and - intended for the same purposes. They are to hide light--to - enable those in power to work in darkness--to enable them to - proceed unmolested--and to permit them to establish ruinous - measures without stint, and without detection. The introduction - of this previous question into this body, I shall resist as - I would resist its conversion into a bed of justice--_Lit de - Justice_--of the old French monarchy, for the registration of - royal edicts. In these beds of justice--the Parliament formed - into a bed of justice--the kings before the revolution, caused - their edicts to be registered without debate, and without - amendment. The king ordered it, and it was done--his word became - law. On one occasion, when the Parliament was refractory, Louis - XIV. entered the chamber, booted and spurred--a whip in his - hand--a horsewhip in his hand--and stood on his feet until the - edict was registered. This is what has been done in the way - of passing bills without debate or amendment, in France. But, - in extenuation of this conduct of Louis the XIV., it must be - remembered that he was a very young man when he committed this - indiscretion, more derogatory to himself than to the Parliament - which was the subject of the indignity. He never repeated it in - his riper age, for he was a gentleman as well as a king, and in - a fifty years' reign never repeated that indiscretion of his - youth. True, no whips may be brought into our legislative halls - to enforce the gag and the muzzle, but I go against the things - themselves--against the infringement of the right of speech--and - against the annihilation of our legislative faculties by - annihilating the right of making amendments. I go against these; - and say that we shall be nothing but a bed of justice for the - registration of presidential, or partisan, or civil chieftain - edicts, when debates and amendments are suppressed in this body. - - "Sir, when the previous question shall be brought into this - chamber--when it shall be applied to our bills in our _quasi_ - committee--I am ready to see my legislative life terminated. I - want no seat here when that shall be the case. As the Romans - held their natural lives, so do I hold my political existence. - The Roman carried his life on the point of his sword; and when - that life ceased to be honorable to himself, or useful to his - country, he fell upon his sword, and died. This made of that - people the most warlike and heroic nation of the earth. What - they did with their natural lives, I am willing to do with my - legislative and political existence: I am willing to terminate - it, either when it shall cease to be honorable to myself, or - useful to my country; and that I feel would be the case when - this chamber, stripped of its constitutional freedom, shall - receive the gag and muzzle of the previous question." - -Mr. Clay again took the floor. He spoke mildly, and -coaxingly--reminded the minority of their own course when in -power--gave a hint about going into executive business--but still -felt it his duty to give the majority the control of the public -business, notwithstanding the threatened resistance of the minority. - - "He (Mr. CLAY) would, however, say that after all, he thought - the gentlemen on the other side would find it was better to go - on with the public business harmoniously and good humoredly - together, and all would get along better. He would remind the - gentlemen of their own course when in power, and the frequent - occasions on which the minority then acted with courtesy in - allowing their treasury note bills to pass, and on various other - occasions. He thought it was understood that they were to go - into executive session, and afterwards take up the loan bill. He - should feel it his duty to take measures to give the majority - the control of the business, maugre all the menaces that had - been made." - -Here was a great change of tone, and the hint about going into -executive business was a sign of hesitation, faintly counterbalanced -by the reiteration of his purpose under a sense of duty. It was -still the morning hour--the hour for motions, before the calendar -was called: the hour for the motion he had been expected to make. -That motion was evidently deferred. The intimation of going into -executive business, was a surprise. Such business was regularly -gone into towards the close of the day's session--after the day's -legislative work was done; and this course was never departed from -except in emergent cases--cases which would consume a whole day, or -could not wait till evening: and no such cases were known to exist -at present. This was a pause, and losing a day in the carrying along -of those very measures, for hastening which the new rule was wanted. -Mr. Calhoun, to take advantage of the hesitation which he perceived, -and to increase it, by daring the threatened measure, instantly -rose. He was saluted with cries that "the morning hour was out:" -"not yet!" said he: "it lacks one minute of it; and I avail myself -of that minute:" and then went on for several minutes. - - "He thought this business closely analogous to the alien and - sedition laws. Here was a palpable attempt to infringe the right - of speech. He would tell the senator that the minority had - rights under the constitution which they meant to exercise, and - let the senator try when he pleased to abridge those rights, - he would find it no easy job. When had that (our) side of the - Senate ever sought to protract discussion unnecessarily? [Cries - of 'never! never!'] Where was there a body that had less abused - its privileges? If the gag-law was attempted to be put in force, - he would resist it to the last. As judgment had been pronounced, - he supposed submission was expected. The unrestrained liberty - of speech, and freedom of debate, had been preserved in the - Senate for fifty years. But now the warning was given that the - yoke was to be put on it which had already been placed on the - other branch of Congress. There never had been a body in this - or any other country, in which, for such a length of time, so - much dignity and decorum of debate had been maintained. It - was remarkable for the fact, the range of discussion was less - discursive than in any other similar body known. Speeches were - uniformly confined to the subject under debate. There could be - no pretext for interference. There was none but that of all - despotisms. He would give the senator from Kentucky notice to - bring on his gag measure as soon as he pleased. He would find it - no such easy matter as he seemed to think." - -Mr. Linn, of Missouri, rose the instant Mr. Calhoun stopped, and -inquired of the Chair if the morning hour was out. The president -_pro tempore_ answered that it was. Mr. Linn said, he desired to -say a few words. The chair referred him to the Senate, in whose -discretion it was, to depart from the rule. Mr. Linn appealed to the -Senate: it gave him leave: and he stood up and said: - - "It was an old Scottish proverb, that threatened people live - longest. He hoped the liberties of the Senate would yet outlive - the threats of the senator from Kentucky. But, if the lash was - to be applied, he would rather it was applied at once, than - to be always threatened with it. There is great complaint of - delay; but who was causing the delay now growing out of this - threat? Had it not been made, there would be no necessity for - repelling it. He knew of no disposition on the part of his - friends to consume the time that ought to be given to the public - business. He had never known his friends, while in the majority, - to complain of discussion. He knew very well, and could make - allowances, that the senator from Kentucky was placed in a very - trying situation. He knew, also, that his political friends felt - themselves to be in a very critical condition. If he brought - forward measures that were questionable, he had to encounter - resistance. But he was in the predicament that he had pledged - himself to carry those measures, and, if he did not, it would - be his political ruin. He had every thing on the issue, hence - his impatience to pronounce judgment against the right of the - minority to discuss his measures." - -Mr. Clay interrupted Mr. Linn, to say that he had not offered to -pronounce judgment. Mr. Linn gave his words "that if the Senate was -disposed to do as he thought it ought to do, they would adopt the -same rule as the other House." Mr. Clay admitted the words; and Mr. -Linn claimed their meaning as pronouncing judgment on the duty of -the Senate, and said: - - "Very well; if the senator was in such a critical condition as - to be obliged to say he cannot get his measures through without - cutting off debates, why does he not accept the proposition - of taking the vote on his bank bill on Monday? If he brings - forward measures that have been battled against successfully - for a quarter of a century, is it any wonder that they should - be opposed, and time should be demanded to discuss them? The - senator is aware that whiggery is dying off in the country, and - that there is no time to be lost: unless he and his friends pass - these measures they are ruined. All he should say to him was, - pass them if he could. If, in order to do it, he is obliged - to come on with his gag law, he (Mr. LINN) would say to his - friends, let them meet him like men. He was not for threatening, - but if he was obliged to meet the crisis, he would do it as - became him." - -Mr. Berrien, apparently acting on the hint of Mr. Clay, moved to go -into the consideration of executive business. A question of order -was raised upon that motion by Mr. Calhoun. The Chair decided in its -favor. Mr. Calhoun demanded what was the necessity for going into -executive business? Mr. Berrien did not think it proper to discuss -that point: so the executive session was gone into: and when it was -over, the Senate adjourned for the day. - -Here, then, was a day lost for such pressing business--the bill, -which was so urgent, and the motion, which was intended to expedite -it. Neither of them touched: and the omission entirely the fault -of the majority. There was evidently a balk. This was the 15th of -July. The 16th came, and was occupied with the quiet transaction of -business: not a word said about the new rules. The 17th came, and -as soon as the Senate met, Mr. Calhoun took the floor; and after -presenting some resolutions from a public meeting in Virginia, -condemning the call of the extra session, and all its measures, -he passed on to correct an erroneous idea that had got into the -newspapers, that he himself, in 1812, at the declaration of war -against Great Britain, being acting chairman of the committee of -foreign relations, who had reported the war bill, had stifled -discussion--had hurried the bill through, and virtually gagged the -House. He gave a detail of circumstances, which showed the error -of this report--that all the causes of war had been discussed -before--that there was nothing new to be said, nor desire to speak: -and that, for one hour before the vote was taken, there was a pause -in the House, waiting for a paper from the department; and no one -choosing to occupy any part of it with a speech, for or against the -war, or on any subject. He then gave a history of the introduction -of the previous question into the House of Representatives. - - "It had been never used before the 11th Congress (1810-12). It - was then adopted, as he always understood, in consequence of - the abuse of the right of debate by Mr. Gardinier of New York, - remarkable for his capacity for making long speeches. He could - keep the floor for days. The abuse was considered so great, - that the previous question was introduced to prevent it; but so - little was it in favor with those who felt themselves forced to - adopt it, that he would venture to say without having looked at - the journals, that it was not used half a dozen times during - the whole war, with a powerful and unscrupulous opposition, and - that in a body nearly two-thirds the size of the present House. - He believed he might go farther, and assert that it was never - used but twice during that eventful period. And now, a measure - introduced under such pressing circumstances, and so sparingly - used, is to be made the pretext for introducing the gag-law into - the Senate, a body so much smaller, and so distinguished for - the closeness of its debate and the brevity of its discussion. - He would add that from the first introduction of the previous - question into the House of Representatives, his impression was - that it was not used but four times in seventeen years, that - is from 1811 to 1828, the last occasion on the passage of the - tariff bill. He now trusted that he had repelled effectually the - attempt to prepare the country for the effort to gag the Senate, - by a reference to the early history of the previous question in - the other House." - -Mr. Calhoun then referred to a decision made by Mr. Clay when -Speaker of the House, and the benefit of which he claimed -argumentatively. Mr. Clay disputed his recollection: Mr. Calhoun -reiterated. The senators became heated, Mr. Clay calling out from -his seat--"No, sir, No!"--and Mr. Calhoun answering back as he -stood--"Yes, sir, yes:" and each giving his own version of the -circumstance without convincing the other. He then returned to the -point of irritation--the threatened gag;--and said: - - "The senator from Kentucky had endeavored to draw a distinction - between the gag law and the old sedition law. He (Mr. Calhoun) - admitted there was a distinction--the modern gag law was by far - the most odious. The sedition law was an attempt to gag the - people in their individual character, but the senator's gag was - an attempt to gag the representatives of the people, selected as - their agents to deliberate, discuss, and decide on the important - subjects intrusted by them to this government." - -This was a taunt, and senators looked to see what would follow. Mr. -Clay rose, leisurely, and surveying the chamber with a pleasant -expression of countenance, said: - - "The morning had been spent so very agreeably, that he hoped the - gentlemen were in a good humor to go on with the loan bill, and - afford the necessary relief to the Treasury." - -The loan bill was then taken up, and proceeded with in a most -business style, and quite amicably. And this was the last that was -heard of the hour rule, and the previous question in the Senate: -and the secret history of their silent abandonment was afterwards -fully learnt. Several whig senators had yielded assent to Mr. Clay's -desire for the hour rule under the belief that it would only be -resisted parliamentarily by the minority; but when they saw its -introduction was to produce ill blood, and disagreeable scenes -in the chamber, they withdrew their assent; and left him without -the votes to carry it: and that put an end to the project of the -hour rule. The previous question was then agreed to in its place, -supposing the minority would take it as a "compromise;" but when -they found this measure was to be resisted like the former, and was -deemed still more odious, hurtful and degrading, they withdrew their -assent again: and then Mr. Clay, brought to a stand again for want -of voters, was compelled to forego his design; and to retreat from -it in the manner which has been shown. He affected a pleasantry, but -was deeply chagrined, and the more so for having failed in the House -where he acted in person, after succeeding in the other where he -acted vicariously. Many of his friends were much dissatisfied. One -of them said to me: "He gives your party a great deal of trouble, -and his own a great deal more." Thus, the firmness of the minority -in the Senate--it may be said, their courage, for their intended -resistance contemplated any possible extremity--saved the body -from degradation--constitutional legislation from suppression--the -liberty of speech from extinction, and the honor of republican -government from a disgrace to which the people's representatives -are not subjected in any monarchy in Europe. The previous question -has not been called in the British House of Commons in one hundred -years--and never in the House of Peers. - - - - -CHAPTER LXX. - -BILL FOR THE RELIEF OF MRS. HARRISON, WIDOW OF THE LATE PRESIDENT OF -THE UNITED STATES. - - -Such was the title of the bill which was brought into the House of -Representatives for an indemnity, as it was explained to be, to the -family of the late President for his expenses in the presidential -election, and in removing to the seat of government. The bill itself -was in these words: "That the Secretary of the Treasury pay, out -of any money in the Treasury not otherwise appropriated, to Mrs. -Harrison, widow of William Henry Harrison, late President of the -United States, or in the event of her death before payment, to the -legal representatives of the said William Henry Harrison, the sum -of $25,000." Mr. John Quincy Adams, as reporter of the bill from -the select committee to which had been referred that portion of -the President's message relating to the family of his predecessor, -explained the motives on which the bill had been founded; and said: - - "That this sum ($25,000), as far as he understood, was in - correspondence with the prevailing sentiment of the joint - committee raised on this subject, and of which the gentleman now - in the chair had been a member. There had been some difference - of opinion among the members of the committee as to the sum - which it would be proper to appropriate, and, also, on the part - of one or two gentlemen as to the constitutionality of the - act itself in any shape. There had been more objection to the - constitutionality than there had been as to the sum proposed. - So far as there had been any discussion in the committee, it - seemed to be the general sense of those composing it, that - some provision ought to be made for the family of the late - President, not in the nature of a grant, but as an indemnity - for actual expenses incurred by himself first, when a candidate - for the presidency. It had been observed in the committee, - and it must be known to all members of the House, that, in - the situation in which General Harrison had been placed--far - from the seat of government, and for eighteen months or two - years, while a candidate for the presidency, exposed to a heavy - burden of expense which he could not possibly avoid--it was no - more than equitable that he should, to a reasonable degree, be - indemnified. He had been thus burdened while in circumstances - not opulent; but, on the contrary, it had been one ground on - which he had received so decided proof of the people's favor, - that through a long course of public service he remained poor, - which was in itself a demonstrative proof that he had remained - pure also. Such had been his condition before leaving home to - travel to the seat of government. After his arrival here, he - had been exposed to another considerable burden of expense, - far beyond any amount he had received from the public purse - during the short month he had continued to be President. His - decease had left his family in circumstances which would be - much improved by this act of justice done to him by the people, - through their representatives. The feeling was believed to be - very general throughout the country, and without distinction of - party, in favor of such a measure." - -This bill, on account of its principle, gave rise to a vehement -opposition on the part of some members who believed they saw in -it a departure from the constitution, and the establishment of a -dangerous precedent. Mr. Payne, of Alabama, said: - - "As he intended to vote against this proposition it was due to - himself to state the reasons which would actuate him. In doing - so he was not called to examine either the merits or demerits - of General Harrison. They had nothing to do with the question. - The question before the House was, not whether General Harrison - was or was not a meritorious individual, but whether that House - would make an appropriation to his widow and descendants. That - being the question, the first inquiry was, had the House a - right to vote this money, and, if they had, was it proper to - do so? Mr. P. was one of those who believed that Congress had - no constitutional right to appropriate the public money for - such an object. He quoted the language of the constitution, - and then inquired whether this was an appropriation to pay the - debts of the Union, to secure the common defence, or to promote - the general welfare? He denied that precedents ever ought to - be considered as settling a constitutional question. If they - could, then the people had no remedy. It was not pretended that - this money was to be given as a reward for General Harrison's - public services, but to reimburse him for the expense of an - electioneering campaign. This was infinitely worse." - -Mr. Gilmer, of Virginia, said: - - "When he had yesterday moved for the rising of the committee, - he had not proposed to himself to occupy much of the time of - the House in debate, nor was such his purpose at present. With - every disposition to vote for this bill, he had then felt, - and he still felt, himself unable to give it his sanction, - and that for reasons which had been advanced by many of the - advocates in its favor. This was not a place to indulge feeling - and sympathy: if it were, he presumed there would be but one - sentiment throughout that House and throughout the country, - and that would be in favor of the bill. If this were an act of - generosity, if the object were to vote a bounty, a gratuity, - to the widow or relatives of the late President, it seemed to - Mr. G. that they ought not to vote it in the representative - capacity, out of the public funds, but privately from their - own personal resources. They had no right to be generous with - the money of the people. Gentlemen might bestow as much out of - their own purses as they pleased; but they were here as trustees - for the property of others, and no public agent was at liberty - to disregard the trust confided to him under the theory of our - government. It was quite needless here to attempt an eulogy on - the character of the illustrious dead: history has done and - would hereafter do ample justice to the civil and military - character of William Henry Harrison. The result of the recent - election, a result unparalleled in the annals of this country, - spoke the sentiment of the nation in regard to his merits, while - the drapery of death which shrouded the legislative halls, the - general gloom which overspread the nation, spoke that sentiment - in accents mournfully impressive. But those rhapsodies in which - gentlemen had indulged, might, he thought, better be deferred - for some Fourth of July oration, or at least reserved for other - theatres than this. They had come up here not to be generous, - but to be just. His object now was to inquire whether they could - not place this bill on the basis of indisputable justice, so - that it might not be carried by a mere partial vote, but might - conciliate the support of gentlemen of all parties, and from - every quarter of the Union. He wished, if possible, to see the - whole House united, so as to give to their act the undivided - weight of public sentiment. Mr. G. said he could not bow to the - authority of precedent; he should ever act under the light of - the circumstances which surrounded him. His wish was, not to - furnish an evil precedent to others by his example. He thought - the House in some danger of setting one of that character; a - precedent which might hereafter be strained and tortured to - apply to cases of a very different kind, and objects of a widely - different character. He called upon the advocates of the bill - to enable all the members of the House, or as nearly all as - was practicable (for, after what had transpired yesterday, he - confessed his despair of seeing the House entirely united), to - agree in voting for the bill." - -There was an impatient majority in the House in favor of the -passage of the bill, and to that impatience Mr. Gilmer referred as -making despair of any unanimity in the House, or of any considerate -deliberation. The circumstances were entirely averse to any such -deliberation--a victorious party, come into power after a most -heated election, seeing their elected candidate dying on the -threshold of his administration, poor, and beloved: it was a case -for feeling more than of judgment, especially with the political -friends of the deceased--but few of whom could follow the counsels -of the head against the impulsions of the heart. Amongst these few -Mr. Gilmer was one, and Mr. Underwood of Kentucky, another; who said: - - "His heart was on one side and his judgment upon the other. If - this was a new case, he might be led away by his heart; but as - he had heretofore, in his judgment, opposed all such claims he - should do so now. He gave his reasons thus at large, because - a gentleman from Indiana, on the other side of the House, - denounced those who should vote against the bill. He objected, - because it was retroactive in its provisions, and because it - called into existence legislative discretion, and applied it to - past cases--because it provided for the widow of a President - for services rendered by her husband while in office, thus - increasing the President's compensation after his death. If it - applied to the widow of the President, it applied to the widows - of military officers. He considered if this bill passed, that - Mr. Jefferson's heirs might with equal propriety claim the same - compensation." - -If the House had been in any condition for considerate legislation -there was an amendment proposed by Mr. Gordon of New York, which -might have brought it forth. He proposed an indemnity equal to the -amount of one quarter's salary, $6,250. He proposed it, but got but -little support for his proposition, the majority calling for the -question, and some declaring themselves for $50,000, and some for -$100,000. The vote was taken, and showed 66 negatives, comprehending -the members who were best known to the country as favorable to -a strict construction of the constitution, and an economical -administration of the government. The negatives were: - - Archibald H. Arrington, Charles G. Atherton, Linn Banks, Henry - W. Beeson, Linn Boyd, David P. Brewster, Aaron V. Brown, Charles - Brown, Edmund Burke, William O. Butler, Green W. Caldwell, - Patrick C. Caldwell, John Campbell, George B. Cary, Reuben - Chapman, Nathan Clifford, James G. Clinton, Walter Coles, - John R. J. Daniel, Richard D. Davis, William Doan, Andrew W. - Doig, Ira A. Eastman, John C. Edwards, Joseph Egbert, John G. - Floyd, Charles A. Floyd, James Gerry, William O. Goode, Samuel - Gordon, Amos Gustine, William A. Harris, Samuel L. Hays, George - W. Hopkins, Jacob Houck, jr., Edmund W. Hubard, Robert M. T. - Hunter, Cave Johnson, John W. Jones, George M. Keim, Andrew - Kennedy, Joshua A. Lowell, Abraham McClellan, Robert McClellan, - James J. McKay, Albert G. Marchand, Alfred Marshall, John - Thompson Mason, James Mathews, William Medill, John Miller, - Peter Newhard, William W. Payne, Francis W. Pickens, Arnold - Plumer, John R. Reding, James Rogers, Romulus M. Saunders, - Tristram Shaw, John Snyder, Lewis Steenrod, Hopkins L. Turney, - Joseph R. Underwood, Harvey M. Watterson, John B. Weller, James - W. Williams. - -Carried to the Senate for its concurrence, the bill continued to -receive there a determined opposition from a considerable minority. -Mr. Calhoun said: - - "He believed no government on earth leaned more than ours - towards all the corruptions of an enormous pension list. Not - even the aristocratic government of Great Britain has a stronger - tendency to it than this government. This is no new thing. - It was foreseen from the beginning, and the great struggle - then was, to keep out the entering wedge. He recollected very - well, when he was at the head of the War Department, and the - military pension bill passed, that while it was under debate, - it was urged as a very small matter--only an appropriation of - something like $150,000 to poor and meritorious soldiers of the - Revolution, who would not long remain a burden on the Treasury. - Small as the sum was, and indisputable as were the merits of - the claimants, it was with great difficulty the bill passed. - Why was this difficulty--this hesitation on such an apparently - irresistible claim? Because it was wisely argued, and with a - spirit of prophecy since fulfilled, that it would prove an - entering wedge, which, once admitted, would soon rend the pillar - of democracy. And what has been the result of that trifling - grant? It is to be found in the enormous pension list of this - government at the present day. - - "He asked to have any part of the Constitution pointed out in - which there was authority for making such an appropriation as - this. If the authority exists in the Constitution at all, it - exists to a much greater extent than has yet been acted upon, - and it is time to have the fact known. If the Constitution - authorizes Congress to make such an appropriation as this for - a President of the United States, it surely authorizes it to - make an appropriation of like nature for a doorkeeper of the - Senate of the United States, or for any other officer of the - government. There can be no distinction drawn. Pass this act, - and the precedent is established for the family of every civil - officer in the government to be placed on the pension list. Is - not this the consummation of the tendency so long combated? - But the struggle is in vain--there is not, he would repeat, a - government on the face of the earth, in which there is such a - tendency to all the corruptions of an aristocratic pension list - as there is in this." - -Mr. Woodbury said: - - "This was the first instance within his (Mr. W.'s) knowledge, - of an application to pension a civil officer being likely to - succeed; and a dangerous innovation, he felt convinced, it would - prove. Any civil officer, by the mere act of taking possession - of his office for a month, ought to get his salary for a year, - on the reasoning adopted by the senator from Delaware, though - only performing a month's service. If that can be shown to be - right, he (Mr. W.) would go for this, and all bills of the kind. - But it must first be shown satisfactorily. If this lady was - really poor, there would be some plea for sympathy, at least. - But he could point to hundreds who have that claim, and not on - account of civil, but military service, who yet have obtained - no such grant, and never will. He could point to others in - the civil service, who had gone to great expense in taking - possession of office and then died, but no claim of this kind - was encouraged, though their widows were left in most abject - poverty. All analogy in civil cases was against going beyond the - death of the incumbent in allowing either salary or gratuity." - -Mr. Pierce said: - - "Without any feelings adverse to this claim, political or - otherwise, he protested against any legislation based upon our - _sympathies_--he protested against the power and dominion of - that '_inward arbiter_,' which in private life was almost sure - to lead us right; but, as public men, and as the dispensers of - other men's means--other men's contributions--was quite as sure - to lead us wrong. It made a vast difference whether we paid the - money from our own pockets, or drew it from the pockets of our - constituents. He knew his weakness on this point, _personally_, - but it would be his steady purpose, in spite of taunts and - unworthy imputations, to escape from it, as the representative - of others. But he was departing from the object which induced - him, for a moment, to trespass upon the patience of the Senate. - This claim did not come from the family. No gentleman understood - on what ground it was placed. The indigence of the family had - not even been urged: he believed they were not only in easy - circumstances, but affluent. It was not for loss of limb, - property, or life, in the military service. If for any thing - legitimate, in any sense, or by any construction, it was for the - civil services of the husband; and, in this respect, was a broad - and dangerous precedent." - -In saying that the claim did not come from the family of General -Harrison, Mr. Pierce spoke the words which all knew to be true. -Where then did it come from? It came, as was well known at the time, -from persons who had advanced moneys to the amount of about $22,000, -for the purposes mentioned in the bill; and who had a claim upon the -estate to that amount. - -Mr. Benton moved to recommit the bill with instructions to prefix -a preamble, or insert an amendment showing upon what ground the -grant was motived. The bill itself showed no grounds for the grant. -It was, on its face, a simple legislative donation of money to a -lady, describing her as the widow of the late President; but in -no way connecting either herself, or her deceased husband, with -any act or fact as the alleged ground of the grant. The grant is -without consideration: the donee is merely described, to prevent -the donation from going to a wrong person. It was to go to Mrs. -Harrison. What Mrs. Harrison? Why, the widow of the late President -Harrison. This was descriptive, and sufficiently descriptive; for -it would carry the money to the right person. But why carry it? -That was the question which the bill had not answered; for there is -nothing in the mere fact of being the widow of a President which -could entitle the widow to a sum of public money. This was felt -by the reporter of the bill, and endeavored to be supplied by an -explanation, that it was not a "grant" but an "indemnity;" and an -indemnity for "actual expenses incurred when he was a candidate for -the presidency;" and for expenses incurred after his "arrival at -the seat of government;" and as "some provision for his family;" -and because he was "poor." Now why not put these reasons into the -bill? Was the omission oversight, or design? If oversight, it should -be corrected; if design, it should be thwarted. The law should be -complete in itself. It cannot be helped out by a member's speech. -It was not oversight which caused the omission. The member who -reported the bill is not a man to commit oversights. It was design! -and because such reasons could not be put on the face of the bill! -could not be voted upon by yeas and nays! and therefore must be left -blank, that every member may vote upon what reasons he pleases, -without being committed to any. This is not the way to legislate; -and, therefore, the author of this View moved the re-commitment, -with instructions to put a reason on the face of the bill itself, -either in the shape of a preamble, or of an amendment--leaving the -selection of the reasons to the friends of the bill, who constituted -the committee to which it would be sent. Mr. Calhoun supported the -motion for re-commitment, and said: - - "Is it an unreasonable request to ask the committee for a - specific report of the grounds on which they have recommended - this appropriation? No; and the gentlemen know it is not - unreasonable; but they will oppose it not on that account; they - will oppose it because they know such a report would defeat - their bill. It could not be sustained in the face of their own - report. Not that there would be no ground assumed, but because - those who now support the bill do so on grounds as different - as any possibly can be; and, if the committee was fastened down - to one ground, those who support the others would desert the - standard." - -The vote was taken on the question, and negatived. The yeas were: -Messrs. Allen, Benton, Calhoun, Clay of Alabama, Fulton, King of -Alabama, Linn, McRoberts, Pierce, Sevier Smith of Connecticut, -Tappan, Williams of Maine, Woodbury, Wright, Young of Illinois. To -the argument founded on the alleged poverty of General Harrison, Mr. -Benton replied: - - "Look at the case of Mr. Jefferson, a man than whom no one - that ever existed on God's earth were the human family more - indebted to. His furniture and his estate were sold to satisfy - his creditors. His posterity was driven from house and home, - and his bones now lay in soil owned by a stranger. His family - are scattered; some of his descendants are married in foreign - lands. Look at Monroe--the amiable, the patriotic Monroe, whose - services were revolutionary, whose blood was spilt in the war - of Independence, whose life was worn out in civil service, and - whose estate has been sold for debt, his family scattered, and - his daughter buried in a foreign land. Look at Madison, the - model of every virtue, public or private, and he would only - mention in connection with this subject, his love of order, his - economy, and his systematic regularity in all his habits of - business. He, when his term of eight years had expired, sent a - letter to a gentleman (a son of whom is now upon this floor) - [Mr. PRESTON], enclosing a note for five thousand dollars, - which he requested him to endorse, and raise the money in - Virginia, so as to enable him to leave this city, and return - to his modest retreat--his patrimonial inheritance--in that - State. General Jackson drew upon the consignee of his cotton - crop in New Orleans for six thousand dollars to enable him to - leave the seat of government without leaving creditors behind - him. These were honored leaders of the republican party. They - had all been Presidents. They had made great sacrifices, and - left the presidency deeply embarrassed; and yet the republican - party who had the power and the strongest disposition to - relieve their necessities, felt they had no right to do so by - appropriating money from the public Treasury. Democracy would - not do this. It was left for the era of federal rule and federal - supremacy--who are now rushing the country with steam power into - all the abuses and corruptions of a monarchy, with its pensioned - aristocracy--and to entail upon the country a civil pension list. - - "To the argument founded on the expense of removing to the seat - of government, Mr. Benton replied that there was something in - it, and if the bill was limited to indemnity for that expense, - and a rule given to go by in all cases, it might find claims - to a serious consideration. Such a bill would have principle - and reason in it--the same principle and the same reason which - allows mileage to a member going to and returning from Congress. - The member was supposed during that time to be in the public - service (he was certainly out of his own service): he was at - expense: and for these reasons he was allowed a compensation - for his journeys. But, it was by a uniform rule, applicable - to all members, and the same at each session. The same reason - and principle with foreign ministers. They received an out-fit - before they left home, and an in-fit to return upon. A quarter's - salary, was the in-fit: the out-fit was a year's salary, because - it included the expense of setting up a house after the minister - arrived at his post. The President finds a furnished house on - his arrival at the seat of government, so that the principle - and reason of the case would not give to him, as to a minister - to a foreign court, a full year's salary. The in-fit would be - the proper measure; and that rule applied to the coming of the - President elect, and to his going when he retires, would give - him $6,250 on each occasion. For such an allowance he felt - perfectly clear that he could vote as an act of justice; and - nearly as clear that he could do it constitutionally. But it - would have to be for a general and permanent act." - -The bill was passed by a bare quorum, 28 affirmatives out of 52. The -negatives were 16: so that 18 senators--being a greater number than -voted against the bill--were either absent, or avoided the vote. The -absentees were considered mostly of that class who were willing to -see the bill pass, but not able to vote for it themselves. The yeas -and nays were: - - YEAS--Messrs. Barrow, Bates, Bayard, Berrien, Buchanan, Choate, - Clay of Kentucky, Clayton, Dixon, Evans, Graham, Huntington, - Mangum, Merrick, Miller, Morehead, Phelps, Porter, Prentiss, - Preston, Rives, Simmons, Smith of Indiana, Southard, Tallmadge, - Walker, White, Woodbridge. - - NAYS--Messrs. Allen, Benton, Calhoun, Clay of Alabama, Fulton, - King, Linn, McRoberts, Nicholson, Sevier, Smith of Connecticut, - Surgeon, Tappan, Williams, Woodbury, Wright, Young. - -It was strenuously opposed by the stanch members of the democratic -party, and elaborately resisted in a speech from the writer of this -View--of which an extract is given in the next chapter. - - - - -CHAPTER LXXI. - -MRS. HARRISON'S BILL: SPEECH OF MR. BENTON EXTRACTS. - - -Mr. Benton said he was opposed to this bill--opposed to it on -high constitutional grounds, and upon grounds of high national -policy--and could not suffer it to be carried through the Senate -without making the resistance to it which ought to be made against a -new, dangerous, and unconstitutional measure. - -It was a bill to make a grant of money--twenty-five thousand -dollars--out of the common Treasury to the widow of a gentleman who -had died in a civil office, that of President of the United States; -and was the commencement of that system of civil pensions, and -support for families, which, in the language of Mr. Jefferson, has -divided England, and other European countries into two classes--the -tax payers and the tax consumers--and which sends the laboring man -supperless to bed. - -It is a new case--the first of the kind upon our statute book--and -should have been accompanied by a report from a committee, -or preceded by a preamble to the bill, or interjected with a -declaration, showing the reason for which this grant is made. It -is a new case, and should have carried its justification along -with it. But nothing of this is done. There is no report from a -committee--from the two committees in fact--which sat upon the case. -There is no preamble to it, setting forth the reason for the grant. -There is no declaration in the body of the bill, showing the reason -why this money is voted to this lady. It is simply a bill granting -to Mrs. Harrison, widow of William H. Harrison, late President of -the United States, the sum of $25,000. Now, all this is wrong, and -contrary to parliamentary practice. Reason tells us there should -be a report from a committee in such a case. In fact, we have -reports every day in every case, no matter how inconsiderable, which -even pays a small sum of money to an individual. It is our daily -practice, and yet two committees have shrunk from that practice in -this new and important case. They would not make a report, though -urged to do it. I speak advisedly, for I was of the committee, and -know what was done. No report could be obtained; and why? because -it was difficult, if not impossible, for any committee to agree -upon a reason which would satisfy the constitution, and satisfy -public policy, for making this grant. Gentlemen could agree to give -the money--they could agree to vote--but they could not agree upon -the reason which was to be left upon the record as a justification -for the gift and the vote. Being no report, the necessity became -apparent for a preamble; but we have none of that. And, worse than -all, in the absence of report and preamble, the bill itself is -silent on the motive of the grant. It does not contain the usual -clause in money bills to individuals, stating, in a few words, for -what reason the grant or payment is made. All this is wrong; and I -point it out now, both as an argument against the bill, and as a -reason for having it recommitted, and returned with a report, or a -preamble, or a declaratory clause. - -We were told at the last session that a new set of books were to be -opened--that the new administration would close up the old books, -and open new ones; and truly we find it to be the case. New books of -all kinds are opened, as foreign to the constitution and policy of -the country, as they are to the former practice of the government, -and to the late professions of these new patriots. Many new books -are opened, some by executive and some by legislative authority; and -among them is this portentous volume of civil pensions, and national -recompenses, for the support of families. Military pensions we have -always had, and they are founded upon a principle which the mind can -understand, the tongue can tell, the constitution can recognize, and -public policy can approve. They are founded upon the principle of -personal danger and suffering in the cause of the country--upon the -loss of life or limb in war. This is reasonable. The man who goes -forth, in his country's cause, to be shot at for seven dollars a -month, or for forty dollars a month, or even for one or two hundred, -and gets his head or his limbs knocked off, is in a very different -case from him who serves the same country at a desk or a table, -with a quill or a book in his hand, who may quit his place when he -sees the enemy coming; and has no occasion to die except in his -tranquil and peaceful bed. The case of the two classes is wholly -different, and thus far the laws of our country have recognized -and maintained the difference. Military pensions have been granted -from the foundation of the government--civil pensions, never; and -now, for the first time, the attempt is to be made to grant them. -A grant of money is to be made to the widow of a gentleman who has -not been in the army for near thirty years--who has since that time, -been much employed in civil service, and has lately died in a civil -office. A pension, or a grant of a gross sum of money, under such -circumstances, is a new proceeding under our government, and which -finds no warrant in the constitution, and is utterly condemned by -high considerations of public policy. - -The federal constitution differs in its nature--and differs -fundamentally from those of the States. The States, being original -sovereignties, may do what they are not prohibited from doing; the -federal government, being derivative, and carved out of the States, -is like a corporation, the creature of the act which creates it, -and can only do what it can show a grant for doing. Now the moneyed -power of the federal government is contained in a grant from -the States, and that grant authorizes money to be raised either -by loans, duties or taxes, for the purpose of paying the debts, -supporting the government, and providing for the common defence of -the Union. These are the objects to which money may be applied, and -this grant to Mrs. Harrison can come within neither of them. - -But, gentlemen say this is no pension--it is not an annual payment, -but a payment in hand. I say so, too, and that it is so much the -more objectionable on that account. A pension must have some rule -to go by--so much a month--and generally a small sum, the highest -on our pension roll being thirty dollars--and it terminates in a -reasonable time, usually five years, and at most for life. A pension -granted to Mrs. Harrison on this principle, could amount to no great -sum--to a mere fraction, at most, of these twenty-five thousand -dollars. It is not a pension, then, but a gift--a gratuity--a large -present--a national recompense; and the more objectionable for being -so. Neither our constitution, nor the genius of our government, -admits of such benefactions. National recompenses are high rewards, -and require express powers to grant them in every limited -government. The French Consular Constitution of the year 1799, -authorized such recompenses; ours does not, and it has not yet been -attempted, even in military cases. We have not yet voted a fortune -to an officer's or a soldier's family, to lift them from poverty to -wealth. These recompenses are worse than pensions: they are equally -unfounded in the constitution, more incapable of being governed by -any rule, and more susceptible of great and dangerous abuse. We have -no rule to go by in fixing the amount. Every one goes by feeling--by -his personal or political feeling--or by a cry got up at home, and -sent here to act upon him. Hence the diversity of the opinions as -to the proper sum to be given. Some gentlemen are for the amount in -the bill; some are for double that amount; and some are for nothing. -This diversity itself is an argument against the measure. It shows -that it has no natural foundation--nothing to rest upon--nothing -to go by; no rule, no measure, no standard, by which to compute -or compare it. It is all guess-work--the work of the passions or -policy--of faction or of party. - -By our constitution, the persons who fill offices are to receive -a compensation for their services; and, in many cases, this -compensation is neither to be increased nor diminished during the -period for which the person shall have been elected; and in some -there is a prohibition against receiving presents either from -foreign States, or from the United States, or from the States of the -Union. The office of President comes under all these restrictions, -and shows how jealous the framers of the constitution were, of any -moneyed influence being brought to bear upon the Chief Magistrate of -the Union. All these limitations are for obvious and wise reasons. -The President's salary is not to be diminished during the time for -which he was elected, lest his enemies, if they get the upper hand -of him in Congress, should deprive him of his support, and starve -him out of office. It is not to be increased, lest his friends, if -they get the upper hand, should enrich him at the public expense; -and he is not to receive "_any other emolument_," lest the provision -against an increase of salary should be evaded by the grant of gross -sums. These are the constitutional provisions; but to what effect -are they, if the sums can be granted to the officer's family, which -cannot be granted to himself?--if his widow--his wife--his children -can receive what he cannot? In this case, the term for which General -Harrison was elected, is not out. It has not expired; and Congress -cannot touch his salary or bestow upon him or his, any emolument -without a breach of the constitution. - -It is in vain to look to general clauses of the constitution. -Besides the general spirit of the instrument, there is a specific -clause upon the subject of the President's salary and emoluments. It -forbids him any compensation, except at stated times, for services -rendered; it forbids increase or diminution; and it forbids all -emolument. To give salary or emolument to his family, is a mere -evasion of this clause. His family is himself--so far as property -is concerned, a man's family is himself. And many persons would -prefer to have money or property conveyed to his family, or some -member of it, because it would then receive the destination which -his will would give it, and would be free from the claims or -contingencies to which his own property--that in his own name--would -be subject. There is nothing in the constitution to warrant this -proceeding, and there is much in it to condemn it. It is condemned -by all the clauses which relate to the levy, and the application of -money; and it is specially condemned by the precise clause which -regulates the compensation of the President, and which clause -would control any other part of the constitution which might come -in conflict with it. Condemned upon the constitutional test, how -stands this bill on the question of policy and expediency? It is -condemned--utterly condemned, and reprobated, upon that test! The -view which I have already presented of the difference between -military and naval services (and I always include the naval when I -speak of the military) shows that the former are proper subjects -for pensions--the latter not. The very nature of the service makes -the difference. Differing in principle, as the military and civil -pensions do, they differ quite as much when you come to details, and -undertake to administer the two classes of rewards. The military -has something to go by--some limit to it--and provides for classes -of individuals--not for families or for individuals--one by one. -Though subject to great abuse, yet the military pensions have some -limit--some boundary--to their amount placed upon them. They are -limited at least to the amount of armies, and the number of wars. -Our armies are small, and our wars few and far between. We have -had but two with a civilized power in sixty years. Our navy, also, -is limited; and compared to the mass of the population, the army -and navy must be always small. Confined to their proper subjects, -and military and naval pensions have limits and boundaries which -confine them within some bounds; and then the law is the same for -all persons of the same rank. The military and naval pensioners are -not provided for individually, and therefore do not become a subject -of favoritism, of party, or of faction. Not so with civil pensions. -There is no limit upon them. They may apply to the family of every -person civilly employed--that is, to almost every body--and this -without intermission of time; for civil services go on in peace and -war, and the claims for them will be eternal when once begun. Then -again civil pensions and grants of money are given individually, -and not by classes, and every case is governed by the feeling -of the moment, and the predominance of the party to which the -individual belonged. Every case is the sport of party, of faction, -of favoritism; and of feelings excited and got up for the occasion. -Thus it is in England, and thus it will be here. The English civil -pension list is dreadful, both for the amount paid, and the nature -of the services rewarded; but it required centuries for England to -ripen her system. Are we to begin it in the first half century of -our existence? and begin it without rule or principle to go by? -Every thing to be left to impulse and favor--by the politics of the -individual, his party affinities, and the political complexion of -the party in power. - -Gentlemen refuse to commit themselves on the record; but they have -reasons; and we have heard enough, here and elsewhere, to have a -glimpse of what they are. First, poverty: as if that was any reason -for voting a fortune to a family, even if it was true! If it was a -reason, one half of the community might be packed upon the backs -of the other. Most of our public men die poor; many of them use up -their patrimonial inheritances in the public service; yet, until -now, the reparation of ruined fortune has not been attempted out -of the public Treasury. Poverty would not do, if it was true, but -here it is not true: the lady in question has a fine estate, and -certainly has not applied for this money. No petition of hers is -here! No letter, even, that we have heard of! So far as we know, she -is ignorant of the proceeding! Certain it is, she has not applied -for this grant, either on the score of poverty, or any thing else. -Next, election expenses are mentioned; but that would seem to be -a burlesque upon the character of our republican institutions. -Certainly no candidate for the presidency ought to electioneer for -it--spend money for it--and if he did, the public Treasury ought -not to indemnify him. Travelling expenses coming on to the seat of -government, are next mentioned; but these could be but a trifle, -even if the President elect came at his own expense. But we know to -the contrary. We know that the contest is for the honor of bringing -him; that conveyances and entertainments are prepared; and that -friends dispute for precedence in the race of lifting and helping -along, and ministering to every want of the man who is so soon to -be the dispenser of honor and fortune in the shape of office and -contracts. Such a man cannot travel at his own expense. Finally, the -fire in the roof of the west wing of the North Bend mansion has been -mentioned; but Jackson had the whole Hermitage burnt to the ground -when he was President, and would have scorned a gift from the public -Treasury to rebuild it. Such are the reasons mentioned in debate, or -elsewhere, for this grant. Their futility is apparent on their face, -and is proved by the unwillingness of gentlemen to state them in a -report, or a preamble, or in the body of the bill itself. - - - - -CHAPTER LXXII. - -ABUSE OF THE NAVAL PENSION SYSTEM: VAIN ATTEMPT TO CORRECT IT. - - -The annual bill for these pensions being on its passage, an attempt -was made to correct the abuse introduced by the act of 1837. That -act had done four things:--1. It had carried back the commencement -of invalid naval pensions to the time of receiving the inability, -instead of the time of completing the proof. 2. It extended the -pensions for death to all cases of death, whether incurred in -the line of duty or not. 3. It extended the widows' pensions for -life, when five years had been the law both in the army and the -navy. 4. It pensioned children until twenty-one years of age, -thereby adopting the English pension system. The effects of these -changes were to absorb and bankrupt the navy pension fund--a -meritorious fund created out of the government share of prize -money, relinquished for that purpose;--and to throw the pensions, -the previous as well as the future, upon the public treasury--where -it was never intended they were to be. This act, so novel in its -character--so plundering in its effects--and introducing such -fatal principles into the naval pension system, and which it has -been found so difficult to get rid of--was one of the deplorable -instances of midnight legislation, on the last night of the session; -when, in the absence of many, the haste of all, the sleepiness of -some, and a pervading inattention, an enterprising member can get -almost any thing passed through--and especially as an amendment. -It was at a time like this that this pension act was passed, the -night of March 3d, 1837--its false and deceptive title ("_An act -for the more equitable administration of the Navy Pension Fund_") -being probably as much of it as was heard by the few members who -heard any thing about it; and the word "equitable," so untruly -and deceptiously inserted, probably the only part of it which -lodged on their minds. And in that way was passed an act which -instantly pillaged a sacred fund of one million two hundred thousand -dollars--which has thrown the naval pensioners upon the Treasury, -instead of the old navy pension fund, for their support--which -introduced the English pension system--which was so hard to repeal; -and which has still all its burdens on our finances, and some of its -principles in our laws. It is instructive to learn the history of -such legislation, and to see its power (a power inherent in the very -nature of an abuse, and the greater in proportion to the greatness -of the abuse) to resist correction: and with this view the brief -debate on an ineffectual attempt in the Senate to repeal the act of -this session is here given--Mr. Reuel Williams, of Maine, having the -honor to commence the movement. - - "The naval pension appropriation bill being under - consideration, Mr. WILLIAMS offered an amendment, providing for - the repeal of the act of 1837; and went at some length into the - reasons in favor of the adoption of the amendment. He said all - admitted the injurious tendency of the act of 1837, by which - the fund which had been provided by the bravery of our gallant - sailors for the relief of the widows and orphans of those who - had been killed in battle, or had died from wounds which had - been received while in the line of their duty, had been utterly - exhausted; and his amendment went to the repeal of that law." - - "Mr. MANGUM hoped the amendment would not be adopted--that the - system would be allowed to remain as it was until the next - session. It was a subject of great complexity, and if this - amendment passed it would be equivalent to the repeal of all the - naval pension acts." - - "Mr. WILLIAMS understood the senator from North Carolina as - saying, that if they passed this amendment, and thus repealed - the act of 1837, they repeal all acts which grant a pension for - disability." - - "Mr. MANGUM had said, if they repealed the law of '37, they - would cut off every widow and orphan now on the pension list, - and leave none except the seamen, officers, and marines, - entitled to pensions under the act of 1800." - - "Mr. WILLIAMS said the senator was entirely mistaken; and read - the law of 1813, which was still in full force, and could not - be affected by the repeal of the law of 1837. The law of 1813 - gives a pension to the widows and orphans of all who are killed - in battle, or who die from wounds received in battle; and also - gives pensions to those who are disabled while in the line of - their duty. This law was now in force. The additional provisions - of the law of 1837 were to carry back the pensions to the time - when the disability was incurred, and to extend it to the widows - and children of those who died, no matter from what cause, while - they were in the naval service. Thus, if an officer or seaman - died from intoxication, or even committed suicide, his widow - received a pension for life, and his children received pensions - until they were twenty-one years of age. - - "Again: if officers or seamen received a wound which did not - disable them they continued in the service, receiving their full - pay for years. When they thought proper they retired from the - service, and applied for a pension for disability, which, by the - law of 1837, they were authorized to have carried back to the - time the disability was incurred, though they had, during the - whole series of years subsequent to receiving the disability, - and prior to the application for a pension, been receiving - their full pay as officers or seamen. It was to prevent the - continuance of such abuses, that the amendment was offered." - - "Mr. WALKER must vote against this amendment, repealing the act - of 1837, because an amendment which had been offered by him and - adopted, provided for certain pensions under this very act, and - which ought, in justice, to be given." - - "Mr. WILLIAMS thought differently, as the specific provision in - the amendment of the senator from Mississippi, would except the - cases included in it from the operation of the repealing clause." - - "Mr. EVANS opposed the amendment, on the ground that it cut off - all the amendments adopted, and brought back again the law of - 1800." - -The proposed amendment of Mr. Williams was then put to the vote--and -negatived--only nineteen senators voting for it. The yeas and nays -were: - - YEAS--Messrs. Allen, Benton, Calhoun, Clay of Alabama, Fulton, - King, Linn, McRoberts, Mouton, Nicholson, Pierce, Sevier, Smith - of Connecticut, Sturgeon, Tappan, Williams, Woodbury, Wright, - Young--19. - - NAYS--Messrs. Archer, Barrow, Bates, Bayard, Berrien, Choate, - Clay of Kentucky, Clayton, Dixon, Evans, Graham, Huntington, - Kerr, Mangum, Merrick, Miller, Morehead, Phelps, Porter, - Prentiss, Preston, Simmons, Smith of Indiana, Southard, - Tallmadge, Walker, White, Woodbridge--28. - -It is remarkable that in this vote upon a palpable and enormous -abuse in the navy, there was not a whig vote among the democracy -for correcting it, nor a democratic vote, except one, among the -negatives. A difference about a navy--on the point of how much, and -of what kind--had always been a point of difference between the two -great political parties of the Union, which, under whatsoever names, -are always the same--each preserving its identity in principles and -policy: but here the two parties divided upon an abuse which no one -could deny, or defend. The excuse was to put it off to another time, -which is the successful way of perpetuating abuses, as there are -always in every public assembly, as in every mass of individuals, -many worthy men whose easy temperaments delight in temporizations; -and who are always willing to put off, temporarily, the repeal of a -bad law, or even to adopt temporarily, the enactment of a doubtful -one. Mr. Williams' proposed amendment was not one of repeal only, -but of enactment also. It repealed the act of 1837, and revived that -of 1832, and corrected some injurious principles interjected into -the naval pension code--especially the ante-dating of pensions, -and the abuse of drawing pay and pension at the same time. This -amendment being rejected, and some minor ones adopted, the question -came up upon one offered by Mr. Walker--providing that all widows -or children of naval officers, seamen, or marines, now deceased, -and entitled to pensions under the act of 1837, should receive -the same until otherwise directed by law; and excluding all cases -from future deaths. Mr. Calhoun proposed to amend this amendment -by striking out the substantive part of Mr. Walker's amendment, -and after providing for those now on the pension-roll under the -act of 1837, confining all future pensioners to the acts of April -23d, 1800--January 24th, 1813--and the second section of the act of -the 3d of March, 1814. In support of his motion Mr. Calhoun spoke -briefly, and pointedly, and unanswerably; but not quite enough so to -save his proposed amendment. It was lost by one vote, and that the -vote of the president _pro tempore_, Mr. Southard. The substance of -Mr. Calhoun's brief speech is thus preserved in the register of the -Congress debates: - - "Mr. CALHOUN said that, among the several objections to this, - there was one to which he did hope the Senate would apply the - correction. The amendment not only kept alive the act of 1837, - as to the pensioners now on the list, under that act, but also - kept it alive for all future applications which might be made - under it, until it should be hereafter repealed, if it ever - should be. To this he strongly objected. - - "There was one point on which all were agreed, that the act - in question was not only inexpedient, but something much - worse--that it committed something like a fraud upon the pension - fund. It is well known to the Senate that that fund was the - result of prize money pledged to the use of meritorious officers - and sailors who might be disabled in the service of their - country. The whole of this fund, amounting to nearly a million - and a half of dollars, was swept away by this iniquitous act, - that passed on the third of March--the very last day of the - session--introduced and carried through by nobody knows who, - and for which nobody seems responsible. He ventured nothing in - asserting, that if such an act was now under discussion for - the first time, it would not receive a single vote with the - present knowledge which the Senate has of the subject, but, on - the contrary, would be cast from it with universal scorn and - indignation. He went further: it would now be repealed with like - unanimity, were it not that many persons had been placed upon - the list under the act, which was still in force, which was felt - by many to be a sort of a pledge to pay them until the act was - formally repealed. But why should we go further? Why should we - keep it alive to let in those who are not yet put upon the list? - But one answer could be given, and that one stated by the two - senators from Massachusetts, that the act partook of the nature - of a contract between the government and the officers, sailors - and marines, comprehended within its provisions. There might be - some semblance of reason for the few cases which have occurred - since the passage of the act; but not the slightest as far as it - relates to that more numerous class which occurred before its - passage. And yet the amendment keeps the act open for the latter - as well as the former. As strong as this objection is to the - amendment as it stands, there are others not less so. - - "It introduces new and extraordinary principles into our pension - list. It gives pensions for life--yes, beyond--to children - for twenty-one years, as well as the widows of the deceased - officer, sailor or marine, who may die while in service. It - makes no distinction between the death of the gallant and brave - in battle, or him who may die quietly in his hammock or his bed - on shore, or even him who commits suicide. Nor does it even - distinguish between those who have served a long or a short - time. The widows and children of all, however short the service, - even for a single day, whatever might be the cause of death, are - entitled, under this fraudulent act, to receive pensions, the - widow for life, and the children for twenty-one years. To let in - this undeserving class, to this unmeasured liberality of public - bounty, this act is to be kept alive for an indefinite length of - time--till the Congress may hereafter choose to repeal it. - - "The object of my amendment, said Mr. C., is to correct this - monstrous abuse; and, for this purpose, he proposed so to - modify the amendment of the senator from Mississippi, as to - exclude all who are not now on the pension roll from receiving - pensions under the act of 1837, and also to prevent any one - from being put on the navy pension roll hereafter under any - act, except those of April 23, 1800, January 20, 1813, and - the second section of the act of 30th March, 1814. These - acts limit the pensions to the case of officers, sailors and - marines, being disabled in the line of their duty, and limit the - pensions to their widows and children to five years, even in - those meritorious cases. Mr. C. then sent his amendment to the - chair. It proposed to strike out all after the word 'now,' and - insert, 'the pension roll, under the act of 1837, shall receive - their pension till otherwise decided by law, but no one shall - hereafter be put on the navy pension roll, under the said act, - or any other act, except that of April 23, 1800, and the act - of January 24, 1813, and the second section of the act of 3d - March, 1814.' The question was then taken on the amendment by a - count, and the Chair announced the amendment was lost--ayes 20, - noes 21. Mr. Calhoun inquired if the Chair had voted. The Chair - said he had voted with the majority. Mr. Buchanan then said - he would offer an amendment which he had attempted to get an - opportunity of offering in committee. It was to strike out the - words 'until otherwise directed by law,' and insert the words - 'until the close of the next session of Congress,' so as to - limit the operations of the bill to that period. The amendment - was adopted, and the amendments to the bill were ordered to be - engrossed, and the bill ordered to a third reading." - -Mr. Pierce having been long a member of the Pension Committee had -seen the abuses to which our pension laws gave rise, and spoke -decidedly against their abuse--and especially in the naval branch of -the service. He said: - - "There were cases of officers receiving pay for full disability, - when in command of line-of-battle ships. The law of 1837 - gave pay to officers from the time of their disability. He - had been long enough connected with the Pension Committee to - understand something of it. He had now in his drawer more than - fifty letters from officers of the army, neither begging nor - imploring, but demanding to be placed on the same footing with - the navy in regard to pensions. He thought, on his conscience, - that the pension system of this country was the worst on the - face of the earth, and that they could never have either an army - or a navy until there were reforms of more things than pensions. - He pointed to the military academy, appointments to which rested - on the influence that could be brought to bear by both Houses - of Congress. He had looked on that _scientific institution_, - from which no army would ever have a commander while West Point - was in the ascendency; and he would tell why. The principles - on which Frederick the Great and Napoleon acted were those to - make soldiers--where merit was, reward always followed, but - had they not witnessed cases of men of character, courage, and - capacity, asking, from day to day, in vain for the humble rank - of third lieutenant in your army, who would be glad to have such - appointments? I know (said Mr. P.) a man who, at the battle of - the _Withlacoochie_, had he performed the same service under - Napoleon, would have received a _baton_. But in ours what did he - get? Three times did that gallant fellow, with his arm broken - and hanging at his side, charge the Indians, and drive them from - their hammocks, where they were intrenched. The poor sergeant - staid in the service until his time expired, and that was all - he got for his gallantry and disinterestedness. Such instances - of neglect would upset any service, destroy all emulation, and - check all proper pride and ambition in subordinates. If ever - they were to have a good army or navy, they must promote merit - in both branches of service, as every truly great general had - done, and every wise government ought to do." - -In the House of Representatives an instructive debate took place, -chiefly between Mr. Adams, and Mr. Francis Thomas, of Maryland, in -which the origin and course of the act was somewhat traced--enough -to find out that it was passed in the Senate upon the faith of a -committee, without any discussion in the body; and in the House by -the previous question, cutting off all debate; and so quietly and -rapidly as to escape the knowledge of the most vigilant members--the -knowledge of Mr. Adams himself, proverbially diligent. In the course -of his remarks he (Mr. Adams) said: - - "Upwards of $1,200,000 in the year 1837, constituting that fund, - had been accumulating for a number of years. What had become - of it, if the fund was exhausted? It was wasted--it was gone. - And what was it gone for? Gentlemen would tell the House that - it had gone to pay those pensioners not provided for by the - 8th and 9th sections of the act which had been read--the act - of 1800; but to provide for the payment of others, their wives - and children; and their cousins, uncles and aunts, for aught - he knew--provided for by the act of 1837. It was gone. Now, he - wished gentlemen who were so much attached to the _economies_ of - the present administration, to make a little comparison between - the condition of the fund now and its condition in 1837, when - the sum of $1,200,000 had accumulated--from the interest of - which all the pensions designated in the act of 1800 were to - have been paid. In the space of three little years, this fund - of $1,200,000 (carrying an interest of $70,000) was totally - gone--absorbed--not a dollar of it left. Yes: there were some - State stocks, to be sure; about $18,000 or less; but they - were unsaleable; and it was because they were unsaleable that - this appropriation, in part, was wanted. How came this act of - 1837 to have passed Congress? Because he saw, from the ground - taken by the chairman of the committee on naval affairs, that - it was Congress that had been guilty of this waste of the - public money; the President had nothing to do with it--the - administration had nothing to do with it. How, he asked, was - this law of 1837 passed? Would the Chairman of the Committee on - Naval Affairs tell the House how it had been passed; by whom it - had been brought in and supported; and in what manner it had - been carried through both Houses of Congress? If he would, we - should then hear whether it came from whigs; or from economists, - retrenchers, and reformers." - -Mr. Francis Thomas, now the Chairman of the Committee on Naval -Affairs, in answer to Mr. Adams's inquiry, as to who were the -authors of this act of 1837, stated that - - "It had been reported to the Senate by the honorable Mr. - Robinson, of Illinois, and sent to the Committee on Naval - Affairs, of which Mr. Southard was a member, and he had reported - the bill to the Senate, by whom it had been passed without - a division. The Senate bill coming into the House, had been - referred to the Committee on Naval Affairs, in the House. Mr. T. - read the names of this committee, among which that of Mr. Wise - was one. The bill had been ordered to its third reading without - a division, and passed by the House without amendment. - - "Mr. Wise explained, stating that, though his name appeared on - the naval committee, he was not responsible for the bill. He was - at that time but nominally one of the committee--his attention - was directed elsewhere--he had other fish to fry--and could no - longer attend to the business of that committee [of which he had - previously been an active member], being appointed on another, - which occupied his time and thoughts." - -Mr. Adams, while condemning the act of 1837, would not now refuse to -pay the pensioners out of the Treasury. He continued: - - "When the act of 1837 was before Congress then was the time to - have inquired whether these persons were fairly entitled to such - a pension--whether Congress was bound to provide for widows and - children, and for relatives in the seventh degree (for aught - he knew). But that was not now the inquiry. He thought that, - by looking at the journals, gentlemen would see that the bill - was passed through under the previous question, or something - of that kind. He was in the House, but he could not say how it - passed. He was not conscious of it; and the discussion must - have been put down in the way in which such things were usually - done in this House--by clapping the previous question upon it. - No questions were asked; and that was the way in which the bill - passed. He did not think he could tell the whole story; but he - thought it very probable that there were those in this House - who could tell if they would, and who could tell what private - interests were provided for in it. He had not been able to look - quite far enough behind the curtain to know these things, but - he knew that the bill was passed in a way quite common since - the reign of reform commenced in squandering away the public - treasure. _That_ he affirmed, and the Chairman of the Committee - on Naval Affairs would not, he thought, undertake to contradict - it. So much for that." - -Mr. Adams showed that a further loss had been sustained under this -pension act of 1837, under the conduct of the House itself, at -the previous session, in refusing to consider a message from the -President, and in refusing to introduce a resolution to show the -loss which was about to be sustained. At that time there was a part -of this naval pension fund ($153,000) still on hand, but it was in -stocks, greatly depreciated; and the President sent in a report -from the Secretary of the Navy, that $50,000 was wanted for the -half-yearly payments due the first of July; and, if not appropriated -by Congress, the stocks must be sold for what they would bring. On -this head, he said: - - "Towards the close of the last session of Congress, a message - was transmitted by the President, covering a communication from - the Secretary of the Navy, suggesting that an appropriation of - $50,000 was necessary to meet the payment of pensions coming - due on the 1st of July last. The message was sent on the 19th - of June, and there was in it a letter from the Secretary of - the Navy, stating that the sum of $50,000 was required to pay - pensions coming due on the then 1st of July, and that it was - found impracticable to effect a sale of the stocks belonging - to the fund, even at considerable loss, in time to meet the - payment. What did the House do with that message? It had no - time to consider it; and then it was that he had offered his - resolutions. But the House would not receive them--would not - allow them to be read. The time of payment came--and sacrifices - of the stocks were made, which were absolutely indispensable - so long as the House would not make the payment. And that - $50,000 was one of the demonstrations and reductions from - the expenditures of 1840, about which the President and the - Secretary of the Treasury were congratulating themselves and the - country. They called for the $50,000. They told the House that - if that sum was not appropriated, it would be necessary to make - great sacrifices. Yet the House refused to consider the subject - at all. - - "He had desired a long time to say this much to the House; and - he said it now, although a little _out_ of order, because he had - never been allowed to say it _in_ order. At the last session - the House would not hear him upon any thing; and it was that - consideration which induced him to offer the resolutions he had - read, and which gave something like a sample of these things. He - offered them after the very message calling for $50,000 for this - very object, had come in. But no, it was not in order, and there - was a gentleman here who cried out "_I object!_" He (Mr. A.) was - not heard by the House, but he had now been heard; and he hoped - that when he should again offer these resolutions, as he wished - to do, they might at least be allowed to go on the journal as - a record, to show that such propositions had been offered. - Those resolutions went utterly and entirely against the system - of purchasing State bonds above par, and selling them fifty or - sixty per cent. below par." - -These debates are instructive, as showing in what manner legislation -can be carried on, under the silencing process of the previous -question. Here was a bill, slipped through the House, without the -knowledge of its vigilant members, by which a fund of one million -two hundred thousand dollars was squandered at once, and a charge -of about $100,000 per annum put upon the Treasury to supply the -place of the squandered fund, to continue during the lives of the -pensioners, so far as they were widows or invalids, and until -twenty-one years of age, so far as they were children. And it is -remarkable that no one took notice of the pregnant insinuation of -Mr. Adams, equivalent to an affirmation, that, although he could not -tell the whole story of the passage of the act of 1837, there were -others in the House who could, if they would; and also could tell -what private interests were provided for. - -No branch of the public service requires the reforming and -retrenching hand of Congress more than the naval, now costing (ocean -steam mail lines included) above eighteen millions of dollars: to -be precise--$18,586,547, and 41 cents; and exclusive of the coast -survey, about $400,000 more; and exclusive of the naval pensions. -The civil, diplomatic, and miscellaneous branch is frightful, now -amounting to $17,255,929 and 59 cents: and the military, also, now -counting $12,571,496 and 64 cents (not including the pensions). -Both these branches cry aloud for retrenchment and reform; but not -equally with the naval--which stands the least chance to receive -it. The navy, being a maritime establishment, has been considered -a branch of service with which members from the interior were -supposed to have but little acquaintance; and, consequently, but -little right of interference. I have seen many eyes open wide, -when a member from the interior would presume to speak upon it. By -consequence, it has fallen chiefly under the management of members -from the sea-coast--the tide-water districts of the Atlantic coast: -where there is an interest in its growth, and also in its abuses. -Seven navy yards (while Great Britain has but two); the constant -building and equally constant repairing and altering vessels; -their renewed equipment; the enlistment and discharge of crews; the -schools and hospitals; the dry docks and wet docks; the congregation -of officers ashore; and the ample pension list: all these make an -expenditure, perennial and enormous, and always increasing, creates -a powerful interest in favor of every proposition to spend money on -the navy--especially in the north-east, where the bulk of the money -goes; and an interest not confined to the members of Congress from -those districts, but including a powerful lobby force, supplied -with the arguments which deceive many, and the means which seduce -more. While this management remains local, reform and retrenchment -are not to be expected; nor could any member accomplish any thing -without the support and countenance of an administration. Besides -a local interest, potential on the subject, against reform, party -spirit, or policy, opposes the same obstacle. The navy has been, and -still is, to some degree, a party question--one party assuming to -be its guardian and protector; and defending abuses to sustain that -character. So far as this question goes to the _degree_, and _kind_ -of a navy--whether fleets to fight battles for the dominion of the -seas, or cruisers to protect commerce--it is a fair question, on -which parties may differ: but as to abuse and extravagance, there -should be no difference. And yet what but abuse--what but headlong, -wilful, and irresponsible extravagance, could carry up our naval -expenditure to 18 millions of dollars, in time of peace, without -a ship of the line afloat! and without vessels enough to perform -current service, without hiring and purchasing! - - - - -CHAPTER LXXIII. - -HOME SQUADRON, AND AID TO PRIVATE STEAM LINES. - - -Great Britain has a home squadron, and that results from her -geographical structure as a cluster of islands, often invaded, more -frequently threatened, and always liable to sudden descents upon -some part of her coast, resulting from her proximity to continental -Europe, and engaged as principal or ally in almost all the wars of -that continent. A fleet for home purposes, to cruise continually -along her coasts, and to watch the neighboring coasts of her often -enemies, was, then, a necessity of her insular position. Not so -with the United States. We are not an island, but a continent, -geographically remote from Europe, and politically still more -so--unconnected with the wars of Europe--having but few of our own; -having but little cause to expect descents and invasions, and but -little to fear from them, if they came. Piracy had disappeared from -the West Indies twenty years before. We had then no need for a home -squadron. But Great Britain had one; and therefore we must. That was -the true reason, with the desire for a great navy, cherished by the -party opposed to the democracy (no matter under what name), and now -dominant in all the departments of the government, for the creation -of a home squadron at this session. The Secretary of the Navy and -the navy board recommended it: Mr. Thomas Butler King, from the -Naval Committee of the House, reported a bill for it, elaborately -recommended in a most ample report: the two Houses passed it: the -President approved it: and thus, at this extra session, was fastened -upon the country a supernumerary fleet of two frigates, two sloops, -two schooners, and two armed steamers: for the annual subsistence -and repairs of which, about nine hundred thousand dollars were -appropriated. This was fifteen years ago; and the country has yet to -hear of the first want, the first service, rendered by this domestic -squadron. In the mean time, it furnishes comfortable pay and -subsistence, and commodious living about home, to some considerable -number of officers and men. - -But the ample report which was drawn up, and of which five thousand -extra copies were printed, and the speeches delivered in its favor -were bound to produce reasons for this new precaution against the -danger of invasion, now to be provided after threescore years of -existence without it, and when we had grown too strong, and too -well covered our maritime cities with fortresses, to dread the -descent of any enemy. Reasons were necessary to be given, and were; -in which the British example, of course, was omitted. But reasons -were given (in addition to the main object of defence), as that -it would be a school for the instruction of the young midshipmen; -and that it would give employment to many junior officers then idle -in the cities. With respect to the first of these reasons it was -believed by some that the merchant service was the best school in -which a naval officer was ever trained; and with respect to the idle -officers, that the true remedy was not to create so many. The sum -appropriated by the bill was in gross--so much for all the different -objects named in the bill, without saying how much for each. This -was objected to by Mr. McKay of North Carolina, as being contrary to -democratic practice, which required specific appropriations; also as -being a mere disguise for an increase of the navy; and further that -it was not competent for Congress to limit the employment of a navy. -He said: - - "That the bill before the committee proposed to appropriate - a gross sum to effect the object in view, which he deemed - a departure from the wholesome rule heretofore observed in - making appropriations. It was known to all that since the - political revolution of 1800, which placed the democratic party - in power, the doctrine had generally prevailed, that all our - appropriations should be specific. Now he would suggest to the - chairman whether it would not be better to pursue that course in - the present instance. Here Mr. McKay enumerated the different - items of expenditure to be provided for in the bill, and named - the specific sum for each. This was the form, he said, in which - all our naval appropriation bills had heretofore passed. He saw - no reason for a departure from this wholesome practice in this - instance--a practice which was the best and most effectual means - of securing the accountability of our disbursing officers. There - was another suggestion he would throw out for the consideration - of the chairman, and he thought it possessed some weight. This - bill purported to be for the establishment of a home squadron, - but he looked upon it as nothing more nor less than for the - increase of the navy. Again, could Congress be asked to direct - the manner in which this squadron, after it was fitted out, - should be employed? It was true that by the constitution, - Congress alone was authorized to build and fit out a navy, - but the President was the commander-in-chief, and had alone - the power to direct how and where it should be employed. The - title of this bill, therefore, should be 'a bill to increase - the navy,' for it would not be imperative on the President to - employ this squadron on our coasts. Mr. M. said he did not rise - to enter into a long discussion, but merely to suggest to the - consideration of the chairman of the committee, the propriety - of making the appropriations in the bill specific." - - "Mr. WISE said that he agreed entirely with the gentleman from - North Carolina as to the doctrine of specific appropriations; - and if he supposed that this bill violated that salutary - principle he should be willing to amend it. But it did not; it - declared a specific object, for which the money was given. He - did not see the necessity of going into all the items which made - up the sum. That Congress had no power to ordain that a portion - of the navy should be always retained upon the coast as a home - squadron, was to him a new doctrine. The bill did not say that - these vessels should never be sent any where else." - - "Mr. MCKAY insisted on the ground he had taken, and went into a - very handsome eulogy on the principle of specific appropriations - of the public money, as giving to the people the only security - they had for the proper and the economical use of their money; - but this, by the present shape of the bill, they would entirely - be deprived of. The bill might be modified with the utmost ease, - but he should move no amendments." - -Mr. Thomas Butler King, the reporter of the bill, entered largely -into its support, and made some comparative statements to show -that much money had been expended heretofore on the navy with very -inadequate results in getting guns afloat, going as high as eight -millions of dollars in a year and floating but five hundred and -fifty guns; and claimed an improvement now, as, for seven millions -and a third they would float one thousand and seventy guns. Mr. King -then said: - - "He had heard much about the abuse and misapplication of moneys - appropriated for the navy, and he believed it all to be true. To - illustrate the truth of the charge, he would refer to the table - already quoted, showing on one hand the appropriations made, and - on the other the results thereby obtained. In 1800 there had - been an appropriation of $2,704,148, and we had then 876 guns - afloat; while in 1836, with an appropriation of $7,011,055, we - had but 462 guns afloat. In 1841, with an appropriation of a - little over _three_ millions, we had 836 guns afloat; and in - 1838, with an appropriation of over _eight_ millions, we had - but 554 guns afloat. These facts were sufficient to show how - enormous must have been the abuses somewhere." - -Mr. King also gave a statement of the French and British navies, and -showed their great strength, in order to encourage our own building -of a great navy to be able to cope with them on the ocean. He - - "Alluded to the change which had manifested itself in the naval - policy of Great Britain, in regard to a substitution of steam - power for ordinary ships of war. He stated the enumeration of - the British fleet, in 1840, to be as follows: ships of the line, - 105; vessels of a lower grade, in all, 403; and war steamers, - 87. The number of steamers had since then been stated at 300. - The French navy, in 1840, consisted of 23 ships of the line, 180 - lesser vessels, and 36 steamers; besides which, there had been, - at that time, eight more steamers on the stocks. These vessels - could be propelled by steam across the Atlantic in twelve or - fourteen days. What would be the condition of the lives and - property of our people, if encountered by a force of this - description, without a gun to defend themselves?" - -Lines of railroad, with their steam-cars, had not, at that time, -taken such extension and multiplication as to be taken into -the account for national defence. Now troops can come from the -geographical centre of Missouri in about sixty hours (summoned by -the electric telegraph in a few minutes), and arrive at almost any -point on the Atlantic coast; and from all the intermediate States -in a proportionately less time. The railroad, and the electric -telegraph, have opened a new era in defensive war, and especially -for the United States, superseding old ideas, and depriving invasion -of all alarm. But the bill was passed--almost unanimously--only -eight votes against it in the House; namely: Linn Boyd of Kentucky; -Walter Coles of Virginia; John G. Floyd of New York; William O. -Goode of Virginia; Cave Johnson, Abraham McClelland, and Hopkins L. -Turney of Tennessee; and John Thompson Mason of Maryland. It passed -the Senate without yeas and nays. - -A part of the report in favor of the home squadron was also a -recommendation to extend assistance out of the public treasury to -the establishment of private lines of ocean steamers, adapted to war -purposes; and in conformity to it Mr. King moved this resolution: - - "_Resolved_, That the Secretary of the Navy is hereby directed - to inquire into the expediency of aiding individuals or - companies in our establishment of lines of armed steamers - between some of our principal Northern and Southern ports, - and to foreign ports; to advertise for proposals for the - establishment of such lines as he may deem most important and - practicable; and to report to this House at the next session of - Congress." - -This resolution was adopted, and laid the foundation for those -annual enormous appropriations for private lines of ocean steamers -which have subjected many members of Congress to such odious -imputations, and which has taken, and is taking, so many millions of -the public money to enable individuals to break down competition, -and enrich themselves at the public expense. It was a measure worthy -to go with the home squadron, and the worst of the two--each a -useless waste of money; and each illustrating the difficulty, and -almost total impossibility, of getting rid of bad measures when once -passed, and an interest created for them. - - - - -CHAPTER LXXIV. - -RECHARTER OF THE DISTRICT BANKS: MR. BENTON'S SPEECH: EXTRACTS. - - -Mr. BENTON then proposed the following amendment: - - "_And be it further enacted_, That each and every of said banks - be, and they are hereby, expressly prohibited from issuing or - paying out, under any pretence whatever, any bill, note, or - other paper, designed or intended to be used and circulated - as money, of a less denomination than five dollars, or of any - denomination between five and ten dollars, after one year from - the passage of this bill; or between ten and twenty dollars, - after two years from the same time; and for any violation of the - provisions of this section, or for issuing or paying out the - notes of any bank in a state of suspension, its own inclusive, - the offending bank shall incur all the penalties and forfeitures - to be provided and directed by the first section of this act - for the case of suspension or refusal to pay in specie; to be - enforced in like manner as is directed by that section." - -Mr. BENTON. The design of the amendment is to suppress two great -evils in our banking system: the evil of small notes, and that of -banks combining to sustain each other in a state of suspension. -Small notes are a curse in themselves to honest, respectable banks, -and lead to their embarrassment, whether issued by themselves or -others. They go into hands of laboring people, and become greatly -diffused, and give rise to panics; and when a panic is raised it -cannot be stopped among the holders of these small notes. Their -multitudinous holders cannot go into the counting-room to examine -assets, and ascertain an ultimate ability. They rush to the counter, -and demand pay. They assemble in crowds, and spread alarm. When -started, the alarm becomes contagious--makes a run upon all banks; -and overturns the good as well as the bad. Small notes are a curse -to all good banks. They are the cause of suspensions. When the Bank -of England commenced operations, she issued no notes of a less -denomination than one hundred pounds sterling; and when the notes -were paid into the Bank, they were cancelled and destroyed. But in -the course of one hundred and three years, she worked down from one -hundred pound notes to one pound notes. And when did they commence -reducing the amount of their notes? During the administration of -Sir Robert Walpole. When the notes got down to one pound, specie -was driven from circulation, and went to France and Holland, and a -suspension of six and twenty years followed. - -They are a curse to all good banks in another way: they banish -gold and silver from the country: and when that is banished the -foundation which supports the bank is removed: and the bank itself -must come tumbling down. While there is gold and silver in the -country--in common circulation--banks will be but little called upon -for it: and if pressed can get assistance from their customers. But -when it is banished the country, they alone are called upon, and get -no help if hard run. All good banks should be against small notes on -their own account. - -These small notes are a curse to the public. They are the great -source of counterfeiting. Look at any price current, and behold the -catalogue of the counterfeits. They are almost all on the small -denominations--under twenty dollars. And this counterfeiting, -besides being a crime in itself, leads to crimes--to a general -demoralization in passing them. Holders cannot afford to lose -them: they cannot trace out the person from whom they got them. -They gave value for them; and pass them to somebody--generally the -most meritorious and least able to bear the loss--the day-laborer. -Finally, they stop in somebody's hands--generally in the hands of a -working man or woman. - -Why are banks so fond of issuing these small notes? Why, in the -first place, banks of high character are against them: it is only -the predatory class that are for them: and, unfortunately, they -are a numerous progeny. It is in vain they say they issue them for -public accommodation. The public would be much better accommodated -with silver dollars, gold dollars--with half, whole, double, and -quarter eagles--whereof they would have enough if these predatory -notes were suppressed. No! they are issued for profit--for dishonest -profit--for the shameful and criminal purpose of getting something -for nothing. It is for the wear and tear of these little pilfering -messengers! for their loss in the hands of somebody! which loss -is the banker's gain! the gain of a day's or a week's work from -a poor man, or woman, for nothing. Shame on such a spirit, and -criminal punishment on it besides. But although the gains are small -individually, and in the petty larceny spirit, yet the aggregate is -great; and enters into the regular calculation of profit in these -paper money machines; and counts in the end. There is always a large -per centum of these notes outstanding--never to come back. When, -at the end of twenty-five years, Parliament repealed the privilege -granted to the Bank of England to issue notes under five pounds, -a large amount were outstanding; and though the repeal took place -more than twenty years ago, yet every quarterly return of the Bank -now shows that millions of these notes are still outstanding, which -are lost or destroyed, and never will be presented. The Bank of -England does not now issue any note under five pounds sterling: nor -any other bank in England. The large banks repulsed the privilege -for themselves, and got it denied to all the small class. To carry -the iniquity of these pillaging little notes to the highest point, -and to make them open swindlers, is to issue them at one place, -redeemable at another. That is to double the cheat--to multiply the -chance of losing the little plunderer by sending him abroad, and to -get a chance of "_shaving_" him in if he does not go. - -The statistics of crime in Great Britain show, that of all the -counterfeiting of bank bills and paper securities in that kingdom, -more is counterfeited on notes under five pounds than over and -it is the same in this country. On whom does the loss of these -counterfeit notes fall? On the poor and the ignorant--the laborer -and the mechanic. Hence these banks inflict a double injury on the -poorer classes; and of all the evils of the banking system, the most -revolting is its imposing unequal burdens on that portion of the -people the least able to bear them. - -Mr. B. then instanced a case in point of an Insurance Company in -St. Louis, which, in violation of law, assumed banking privileges, -and circulated to a large extent the notes of a suspended bank. Up -to Saturday night these notes were paid out from its counter, and -the working man and mechanics of St. Louis were paid their week's -wages in them. Well, when Monday morning came, the Insurance Company -refused to receive one of them, and they fell at once to fifty cents -on the dollar. Thus the laborer and the mechanic had three days of -their labor annihilated, or had worked three days for the exclusive -benefit of those who had swindled them; and all this by a bank -having power to receive or refuse what paper they please, and when -they please. And the Senate are now called upon to confer the same -privilege upon the banks of this district. - -Mr. B. said it was against the immutable principles of justice--in -opposition to God's most holy canon, to make a thing of value -to-day, which will be of none to-morrow. You might as well permit -the dry goods merchant to call his yard measure three yards, or the -grocer to call his quart three quarts, as to permit the banker to -call his dollar three dollars. There is no difference in principle, -though more subtle in the manner of doing it. Money is the standard -of value, as the yard, and the gallon, and the pound weight, were -the standards of measure. - -When he proposed the amendment, he considered it a proper -opportunity to bring before the people of the United States the -great question, whether they should have an exclusive paper currency -or not. He wished to call their attention to this war upon the -currency of the constitution--a war unremitting and merciless--to -establish in this country an exclusive paper currency. This war -to subvert the gold and silver currency of the constitution, is -waged by that party who vilify your branch mints, ridicule gold, -ridicule silver, go for banks at all times and at all places; and go -for a paper circulation down to notes of six and a quarter cents. -He rejoiced that this question was presented in that body, on a -platform so high that every American can see it--the question of a -sound or depreciated currency. He was glad to see the advocates of -banks, State and national, show their hand on this question. - -To hear these paper-money advocates celebrate their idols--for -they really seem to worship bank notes--and the smaller and meaner -the better--one would be tempted to think that bank notes were the -ancient and universal currency of the world, and that gold and -silver were a modern invention--an innovation--an experiment--the -device of some quack, who deserved no better answer than to be -called humbug. To hear them discoursing of "sound banks," and "sound -circulating medium," one would suppose that they considered gold and -silver unsound, and subject to disease, rottenness, and death. But, -why do they apply this phrase "sound" to banks and their currency? -It is a phrase never applied to any thing which is not subject to -unsoundness--to disease--to rottenness--to death. The very phrase -brings up the idea of something subject to unsoundness; and that is -true of banks of circulation and their currency: but it is not true -of gold and silver: and the phrase is never applied to them. No one -speaks of the gold or silver currency as being sound, and for the -reason that no one ever heard of it as rotten. - -Young merchants, and some old ones, think there is no living without -banks--no transacting business without a paper money currency. Have -these persons ever heard of Holland, where there are merchants -dealing in tens of millions, and all of it in gold and silver? Have -they ever heard of Liverpool and Manchester, where there was no -bank of circulation, not even a branch of the Bank of England; and -whose immense operations were carried on exclusively upon gold and -the commercial bill of exchange? Have they ever heard of France, -where the currency amounts to four hundred and fifty millions of -dollars, and it all hard money? For, although the Bank of France -has notes of one hundred and five hundred, and one thousand francs, -they are not used as currency but as convenient bills of exchange, -for remittance, or travelling. Have they ever heard of the armies, -and merchants, and imperial courts of antiquity? Were the Roman -armies paid with paper? did the merchant princes deal in paper? Was -Nineveh and Babylon built on paper? Was Solomon's temple so built? -And yet, according to these paper-money idolaters, we cannot pay a -handful of militia without paper! cannot open a dry goods store in -a shanty without paper! cannot build a house without paper! cannot -build a village of log houses in the woods, or a street of shanties -in a suburb, without a bank in their midst! This is real humbuggery; -and for which the industrial classes--the whole working population, -have to pay an enormous price. Does any one calculate the cost to -the people of banking in our country? how many costly edifices have -to be built? what an army of officers have to be maintained? what -daily expenses have to be incurred? how many stockholders must -get profits? in a word, what a vast sum a bank lays out before it -begins to make its half yearly dividend of four or five per centum, -leaving a surplus--all to come out of the productive classes of -the people? And after that comes the losses by the wear and tear -of small notes--by suspensions and breakings--by expansions and -contractions--by making money scarce when they want to buy, and -plenty when they want to sell. We talk of standing armies in Europe, -living on the people: we have an army of bank officers here doing -the same. We talk of European taxes; the banks tax us here as much -as kings tax their subjects. And this district is crying out for -banks. It has six, and wants them rechartered--Congress all the time -spending more hard money among them than they can use. They had -twelve banks: and what did they have to do? Send to Holland, where -there is not a single bank of circulation, to borrow one million -of dollars in gold, which they got at five per centum per annum; -and then could not pay the interest. At the end of the third year -the interest could not be paid; and Congress had to pay it to save -the whole corporate effects of the city from being sold--sold to -the Dutch, because the Dutch had no banks. And sold it would have -been if Congress had not put up the money: for the distress warrant -was out, and was to be levied in thirty days. Then what does this -city want with banks of circulation? She has no use for them; but I -only propose to make them a little safer by suppressing their small -notes, and preventing them from dealing in the depreciated notes of -suspended, or broken banks. - - - - -CHAPTER LXXV. - -REVOLT IN CANADA: BORDER SYMPATHY: FIRMNESS OF MR. VAN BUREN: PUBLIC -PEACE ENDANGERED--AND PRESERVED:--CASE OF MCLEOD. - - -The revolt which took place in Canada in the winter of 1837-'8 led -to consequences which tried the firmness of the administration, and -also tried the action of our duplicate form of government in its -relations with foreign powers. The revolt commenced imposingly, -with a large show of disjointed forces, gaining advantages at -the start; but was soon checked by the regular local troops. The -French population, being the majority of the people, were chiefly -its promoters, with some emigrants from the United States; and -when defeated they took refuge on an island in the Niagara River -on the British side, near the Canadian coast, and were collecting -men and supplies from the United States to renew the contest. -From the beginning an intense feeling in behalf of the insurgents -manifested itself all along the United States border, upon a line of -a thousand miles--from Vermont to Michigan. As soon as blood began -to flow on the Canadian side, this feeling broke out into acts on -the American side, and into organization for the assistance of the -revolting party--the patriots, as they were called. Men assembled -and enrolled, formed themselves into companies and battalions, -appointed officers--even generals--issued proclamations--forced the -public stores and supplied themselves with arms and ammunition: and -were certainly assembling in sufficient numbers to have enabled -the insurgents to make successful head against any British forces -then in the provinces. The whole border line was in a state of -excitement and commotion--many determined to cross over, and -assist--many more willing to see the assistance given: the smaller -part only discountenanced the proceeding and wished to preserve the -relations which the laws of the country, and the duties of good -neighborhood, required. To the Canadian authorities these movements -on the American side were the cause of the deepest solicitude; and -not without reason: for the numbers, the inflamed feeling, and -the determined temper of these auxiliaries, presented a force -impossible for the Canadian authorities to resist, if dashing upon -them, and difficult for their own government to restrain. From the -first demonstration, and without waiting for any request from the -British minister at Washington (Mr. FOX), the President took the -steps which showed his determination to have the laws of neutrality -respected. A proclamation was immediately issued, admonishing and -commanding all citizens to desist from such illegal proceedings, -and threatening the guilty with the utmost penalties of the law. -But the President knew full well that it was not a case in which -a proclamation, and a threat, were to have efficacy; and he took -care to add material means to his words. Instructions were issued -to all the federal law officers along the border, the marshals and -district attorneys, to be vigilant in making arrests: and many were -made, and prosecutions instituted. He called upon the governors of -the border States to aid in suppressing the illegal movement: which -they did. And to these he added all the military and naval resources -which could be collected. Major-general Scott was sent to the line, -with every disposable regular soldier, and with authority to call on -the governors of New York and Michigan for militia and volunteers: -several steamboats were chartered on Lake Erie, placed under the -command of naval officers, well manned with regular soldiers, and -ordered to watch the lake. - -The fidelity, and even sternness with which all these lawless -expeditions from the United States, were repressed and rebuked by -President Van Buren, were shown by him in his last communication to -Congress on the subject; in which he said: - - "Information has been given to me, derived from official - and other sources, that many citizens of the United States - have associated together to make hostile incursions from our - territory into Canada, and to aid and abet insurrection there, - in violation of the obligations and laws of the United States, - and in open disregard of their own duties as citizens. - - "The results of these criminal assaults upon the peace and order - of a neighboring country have been, as was to be expected, - fatally destructive to the misguided or deluded persons engaged - in them, and highly injurious to those in whose behalf they are - professed to have been undertaken. The authorities in Canada, - from intelligence received of such intended movements among our - citizens, have felt themselves obliged to take precautionary - measures against them; have actually embodied the militia, - and assumed an attitude to repel the invasion to which they - believed the colonies were exposed from the United States. A - state of feeling on both sides of the frontier has thus been - produced, which called for prompt and vigorous interference. If - an insurrection existed in Canada, the amicable dispositions of - the United States towards Great Britain, as well as their duty - to themselves, would lead them to maintain a strict neutrality, - and to restrain their citizens from all violations of the laws - which have been passed for its enforcement. But this government - recognizes a still higher obligation to repress all attempts - on the part of its citizens to disturb the peace of a country - where order prevails, or has been re-established. Depredations - by our citizens upon nations at peace with the United States, - or combinations for committing them, have at all times been - regarded by the American government and people with the greatest - abhorrence. Military incursions by our citizens into countries - so situated, and the commission of acts of violence on the - members thereof, in order to effect a change in its government, - or under any pretext whatever, have, from the commencement of - our government, been held equally criminal on the part of those - engaged in them, and as much deserving of punishment as would - be the disturbance of the public peace by the perpetration of - similar acts within our own territory." - -By these energetic means, invasions from the American side were -prevented; and in a contest with the British regulars and the -local troops, the disjointed insurgents, though numerous, were -overpowered--dispersed--subjected--or driven out of Canada. Mr. -Van Buren had discharged the duties of neutrality most faithfully, -not merely in obedience to treaties and the law of nations, but -from a high conviction of what was right and proper in itself, -and necessary to the well-being of his own country as well as -that of a neighboring power. Interruption of friendly intercourse -with Great Britain, would be an evil itself, even if limited to -such interruption: but the peace of the United States might be -endangered: and it was not to be tolerated that bands of disorderly -citizens should bring on war. He had done all that the laws, and all -that a sense of right and justice required--and successfully, to -the repression of hostile movements--and to the satisfaction of the -British authorities. Faithfully and ably seconded by his Secretary -of State (Mr. Forsyth), and by his Attorney-general (Mr. Gilpin), he -succeeded in preserving our neutral relations in the most trying -circumstances to which they had ever been exposed, and at large cost -of personal popularity to himself: for the sympathy of the border -States resented his so earnest interference to prevent aid to the -insurgents. - -The whole affair was over, and happily, when a most unexpected -occurrence revived the difficulty--gave it a new turn--and made -the soil of the United States itself, the scene of invasion--of -bloodshed--of conflagration--and of abduction. Some remnant of the -dispersed insurgents had taken refuge on Navy Island, near the -Canadian shore; and reinforced by some Americans, were making a -stand there, and threatening a descent upon the British colonies. -Their whole number has been ascertained to have been no more than -some five hundred--but magnified by rumor at the time to as many -thousands. A small steamboat from the American side, owned by a -citizen of the United States, was in the habit of carrying men and -supplies to this assemblage on the island. Her practices became -known to the British military authorities, encamped with some -thousand men at Chippewa, opposite the island; and it was determined -to take her in the fact, and destroy her. It was then the last of -December. A night expedition of boats was fitted out to attack this -vessel, moored to the island; but not finding her there, the vessel -was sought for in her own waters--found moored to the American -shore; and there attacked and destroyed. The news of this outrage -was immediately communicated to the President, and by him made known -to Congress in a special message--accompanied by the evidence on -which the information rested, and by a statement of the steps which -the President had taken in consequence. The principal evidence was -from the master of the boat--her name, the Caroline--and Schlosser, -on the American shore, her home and harbor. After admitting that -the boat had been employed in carrying men and supplies to the -assemblage on Navy Island, his affidavit continues: - - "That from this point the Caroline ran to Schlosser, arriving - there at three o'clock in the afternoon; that, between this time - and dark, the Caroline made two trips to Navy Island, landing as - before. That, at about six o'clock in the evening, this deponent - caused the said Caroline to be landed at Schlosser, and made - fast with chains to the dock at that place. That the crew and - officers of the Caroline numbered ten, and that, in the course - of the evening, twenty-three individuals, all of whom were - citizens of the United States, came on board of the Caroline, - and requested this deponent and other officers of the boat to - permit them to remain on board during the night, as they were - unable to get lodgings at the tavern near by; these requests - were acceded to, and the persons thus coming on board retired to - rest, as did also all of the crew and officers of the Caroline, - except such as were stationed to watch during the night. That, - about midnight, this deponent was informed by one of the watch, - that several boats filled with men, were making towards the - Caroline from the river, and this deponent immediately gave the - alarm; and before he was able to reach the deck, the Caroline - was boarded by some 70 or 80 men, all of whom were armed. That - they immediately commenced a warfare with muskets, swords, - and cutlasses, upon the defenceless crew and passengers of - the Caroline, under a fierce cry of G--d damn them, give them - no quarter; kill every man: fire! fire! That the Caroline was - abandoned without resistance, and the only effort made by - either the crew or passengers seemed to be to escape slaughter. - That this deponent narrowly escaped; having received several - wounds, none of which, however, are of a serious character. That - immediately after the Caroline fell into the hands of the armed - force who boarded her, she was set on fire, cut loose from the - dock, was towed into the current of the river, there abandoned, - and soon after descended the Niagara Falls: that this deponent - has made vigilant search after the individuals, thirty-three - in number, who are known to have been on the Caroline at the - time she was boarded, and twenty-one only are to be found, one - of whom, to wit, Amos Durfee, of Buffalo, was found dead upon - the dock, having received a shot from a musket, the ball of - which penetrated the back part of the head, and came out at - the forehead. James II. King, and Captain C. F. Harding, were - seriously, though not mortally wounded. Several others received - slight wounds. The twelve individuals who are missing, this - deponent has no doubt, were either murdered upon the steamboat, - or found a watery grave in the cataract of the falls. And this - deponent further says, that immediately after the Caroline was - got into the current of the stream and abandoned, as before - stated, beacon lights were discovered upon the Canada shore, - near Chippewa; and after sufficient time had elapsed to enable - the boats to reach that shore, this deponent distinctly heard - loud and vociferous cheering at that point. That this deponent - has no doubt that the individuals who boarded the Caroline, were - a part of the British forces now stationed at Chippewa." - -Ample corroborative testimony confirmed this affidavit--for which, -in fact, there was no necessity, as the officer in command of the -boats made his official report to his superior (Col. McNab), to the -same effect--who published it in general orders; and celebrated the -event as an exploit. This report varied but little from the American -in any respect, and made it worse in others. After stating that he -did not find the Caroline at Navy Island, "as expected," he went -in search of her, and found her at Grand Island, and moored to the -shore. The report proceeds: - - "I then assembled the boats off the point of the Island, and - dropped quietly down upon the steamer; we were not discovered - until within twenty yards of her, when the sentry upon the - gangway hailed us, and asked for the countersign, which I told - him we would give when we got on board; he then fired upon us, - when we immediately boarded and found from twenty to thirty men - upon her decks, who were easily overcome, and in two minutes she - was in our possession. As the current was running strong, and - our position close to the Falls of Niagara, I deemed it most - prudent to burn the vessel; but previously to setting her on - fire, we took the precaution to loose her from her moorings, and - turn her out into the stream, to prevent the possibility of the - destruction of anything like American property. In short, all - those on board the steamer who did not resist, were quietly put - on shore, as I thought it possible there might be some American - citizens on board. Those who assailed us, were of course dealt - with according to the usages of war. - - "I beg to add, that we brought one prisoner away, a British - subject, in consequence of his acknowledging that he had - belonged to Duncombe's army, and was on board the steamer to - join Mackenzie upon Navy Island. Lieutenant McCormack, of the - Royal Navy, and two others were wounded, and I regret to add - that five or six of the enemy were killed." - -This is the official report of Captain Drew, and it adds the crimes -of impressment and abduction to all the other enormities of that -midnight crime. The man carried away as a British subject, and -because he had belonged to the insurgent forces in Canada, could not -(even if these allegations had been proved upon him), been delivered -up under any demand upon our government: yet he was carried off by -violence in the night. - -This outrage on the Caroline, reversed the condition of the parties, -and changed the tenor of their communications. It now became the -part of the United States to complain, and to demand redress; and -it was immediately done in a communication from Mr. Forsyth, the -Secretary of State, to Mr. Fox, the British minister, at Washington. -Under date of January 5th, 1838, the Secretary wrote to him: - - "The destruction of the property, and assassination of citizens - of the United States on the soil of New York, at the moment - when, as is well known to you, the President was anxiously - endeavoring to allay the excitement, and earnestly seeking to - prevent any unfortunate occurrence on the frontier of Canada, - has produced upon his mind the most painful emotions of surprise - and regret. It will necessarily form the subject of a demand - for redress upon her majesty's government. This communication - is made to you under the expectation that, through your - instrumentality, an early explanation may be obtained from the - authorities of Upper Canada, of all the circumstances of the - transaction; and that, by your advice to those authorities, - such decisive precautions may be used as will render the - perpetration of similar acts hereafter impossible. Not doubting - the disposition of the government of Upper Canada to do its duty - in punishing the aggressors and preventing future outrage, the - President, notwithstanding, has deemed it necessary to order a - sufficient force on the frontier to repel any attempt of a like - character, and to make known to you that if it should occur, he - cannot be answerable for the effects of the indignation of the - neighboring people of the United States." - -In communicating this event to Congress, Mr. Van Buren showed that -he had already taken the steps which the peace and honor of the -country required. The news of the outrage, spreading through the -border States, inflamed the repressed feeling of the people to -the highest degree, and formidable retaliatory expeditions were -immediately contemplated. The President called all the resources of -the frontier into instant requisition to repress these expeditions, -and at the same time took measures to obtain redress from the -British government. His message to the two Houses said: - - "I regret, however, to inform you that an outrage of a most - aggravated character has been committed, accompanied by a - hostile, though temporary invasion of our territory, producing - the strongest feelings of resentment on the part of our citizens - in the neighborhood, and on the whole border line; and that the - excitement previously existing, has been alarmingly increased. - To guard against the possible recurrence of any similar act, - I have thought it indispensable to call out a portion of the - militia to be posted on that frontier. The documents herewith - presented to Congress show the character of the outrage - committed, the measures taken in consequence of its occurrence, - and the necessity for resorting to them. It will also be seen - that the subject was immediately brought to the notice of the - British minister accredited to this country, and the proper - steps taken on our part to obtain the fullest information of all - the circumstances leading to and attendant upon the transaction, - preparatory to a demand for reparation." - -The feeling in Congress was hardly less strong than in the border -States, on account of this outrage, combining all the crimes of -assassination, arson, burglary, and invasion of national territory. -An act of Congress was immediately passed, placing large military -means, and an appropriation of money in the President's hands, -for the protection of our frontier. His demand for redress was -unanimously seconded by Congress; and what had been so earnestly -deprecated from the beginning, as a consequence of this border -trouble--a difficulty between the two nations--had now come to -pass; but entirely from the opposite side from which it had been -expected. The British government delayed the answer to the demand -for redress--avoided the assumption of the criminal act--excused -and justified it--but did not assume it: and in fact could not, -without contradicting the official reports of her own officers, all -negativing the idea of any intention to violate the territory of -the United States. The orders to the officer commanding the boats, -was to seek the Caroline at Navy Island, where she had been during -the day, and was expected to be at night. In pursuance of this -order, the fleet of boats went to the island, near midnight; and not -finding the offending vessel there, sought her elsewhere. This is -the official report of Capt. Drew, of the Royal Navy, commanding the -boats: "I immediately directed five boats to be armed, and manned -with forty-five volunteers; and, at about eleven o'clock, P. M., -we pushed off from the shore for Navy Island, when not finding her -there, as expected, we went in search, and found her moored between -the island and the main shore." The island here spoken of as the -one between which and the main shore, the Caroline was found, was -the American island, called Grand Island, any descent upon which, -Colonel McNab had that day officially disclaimed, because it was -American territory. The United States Attorney for the District of -New York, (Mr. Rodgers), then on the border to enforce the laws -against the violators of our neutrality, hearing that there was a -design to make a descent upon Grand Island, addressed a note to Col. -McNab, commanding on the opposite side of the river, to learn its -truth; and received this answer: - - "With respect to the report in the city of Buffalo, that certain - forces under my command had landed upon Grand Island--an island - within the territory of the United States--I can assure you - that it is entirely without foundation; and that so far from my - having any intention of the kind, such a proceeding would be in - direct opposition to the wishes and intentions of her Britannic - majesty's government, in this colony, whose servant I have the - honor to be. Entering at once into the feeling which induced - you to address me on this subject, I beg leave to call your - attention to the following facts: That so far from occupying or - intending to occupy, that or any other portion of the American - territory, aggressions of a serious and hostile nature have been - made upon the forces under my command from that island. Two - affidavits are now before me, stating that a volley of musketry - from Grand Island was yesterday fired upon a party of unarmed - persons, some of whom were females, without the slightest - provocation having been offered. That on the same day, one of my - boats, unarmed, manned by British subjects, passing along the - American shore, and without any cause being given, was fired - upon from the American side, near Fort Schlosser, by cannon, the - property, I am told, of the United States." - -This was written on the 29th day of December, and it was eleven -o'clock of the night of that day that the Caroline was destroyed -on the American shore. It was Col. McNab, commanding the forces at -Chippewa, that gave the order to destroy the Caroline. The letter -and the order were both written the same day--probably within the -same hour, as both were written in the afternoon: and they were -coincident in import as well as in date. The order was to seek -the offending vessel at Navy Island, being British territory, and -where she was seen at dark: the letter disclaimed both the fact, -and the intent, of invading Grand Island, because it was American -territory: and besides the disclaimer for himself, Col. McNab -superadded another equally positive in behalf of her Majesty's -government in Canada, declaring that such a proceeding would be -in direct opposition to the wishes and intentions of the colonial -government. In the face of these facts the British government found -it difficult, and for a long time impossible, to assume this act of -destroying the Caroline as a government proceeding. It was never -so assumed during the administration of Mr. Van Buren--a period of -upwards of three years--to be precise--(and this is a case which -requires precision)--three years and two months and seven days: that -is to say, from the 29th of December, 1837, to March 3d, 1841. - -When this letter of Col. McNab was read in the House of -Representatives (which it was within a few days after it was -written), Mr. Fillmore (afterwards President of the United States, -and then a representative from the State of New York, and, from that -part of the State which included the most disturbed portion of the -border), stood up in his place, and said: - - "The letter just read by the clerk, at his colleague's request, - was written in reply to one from the district attorney as to the - reported intention of the British to invade Grand Island; and in - it is the declaration that there was no such intention. Now, Mr. - F. would call the attention of the House to the fact that that - letter was written on the 29th December, and that it was on the - very night succeeding the date of it that this gross outrage was - committed on the Caroline. Moreover, he would call the attention - of the House to the well-authenticated fact, that, after burning - the boat, and sending it over the falls, the assassins were - lighted back to McNab's camp, where he was in person, by beacons - lighted there for that purpose. Mr. F. certainly deprecated a - war with Great Britain as sincerely as any gentleman on that - floor could possibly do: and hoped, as earnestly, that these - difficulties would be amicably adjusted between the two nations. - Yet, he must say, that the letter of McNab, instead of affording - grounds for a palliation, was, in reality, a great aggravation - of the outrage. It held out to us the assurance that there was - nothing of the kind to be apprehended; and yet, a few hours - afterwards, this atrocity was perpetrated by an officer sent - directly from the camp of that McNab." - -At the time that this was spoken the order of Col. McNab to Captain -Drew had not been seen, and consequently it was not known that the -letter and the order were coincident in their character, and that -the perfidy, implied in Mr. Fillmore's remarks, was not justly -attributable to Col. McNab: but it is certain he applauded the act -when done: and his letter will stand for a condemnation of it, and -for the disavowal of authority to do it. - -The invasion of New York was the invasion of the United States, and -the President had immediately demanded redress, both for the public -outrage, and for the loss of property to the owners of the boat. -Mr. Van Buren's entire administration went off without obtaining an -answer to these demands. As late as January, 1839--a year after the -event--Mr. Stevenson, the United States minister in London, wrote: -"I regret to say that no answer has yet been given to my note in -the case of the Caroline." And towards the end of the same year, -Mr. Forsyth, the American Secretary of State, in writing to him, -expressed the belief that an answer would soon be given. He says: -"I have had frequent conversations with Mr. Fox in regard to this -subject--one of very recent date--and from its tone, the President -expects the British government will answer your application in the -case without much further delay."--Delay, however, continued; and, -as late as December, 1840, no answer having yet been received, the -President directed the subject again to be brought to the notice of -the British government; and Mr. Forsyth accordingly wrote to Mr. Fox: - - "The President deems this to be a proper occasion to remind - the government of her Britannic majesty that the case of the - "Caroline" has been long since brought to the attention of her - Majesty's principal Secretary of State for foreign affairs, who, - up to this day, has not communicated its decision thereupon. It - is hoped that the government of her Majesty will perceive the - importance of no longer leaving the government of the United - States uninformed of its views and intentions upon a subject - which has naturally produced much exasperation, and which has - led to such grave consequences. I avail myself of this occasion - to renew to you the assurance of my distinguished consideration." - -This was near the close of Mr. Van Buren's administration, and up -to that time it must be noted, _first_, that the British government -had not assumed the act of Captain Drew in destroying the Caroline; -_secondly_, that it had not answered (had not refused redress) for -that act. Another circumstance showed that the government, in its -own conduct in relation to those engaged in that affair, had not -even indirectly assumed it by rewarding those who did it. Three -years after the event, in the House of Commons, Lord John Russell, -the premier, was asked in his place, whether it was the intention -of ministers to recommend to her Majesty to bestow any reward upon -Captain Drew, and others engaged in the affair of the Caroline; to -which he replied negatively, and on account of the delicate nature -of the subject. His answer was: "No reward had been resolved upon, -and as the question involved a subject of a very delicate nature, he -must decline to answer it further." Col. McNab had been knighted; -not for the destruction of the Caroline on United States territory -(which his order did not justify, and his letter condemned), but for -his services in putting down the revolt. - -Thus the affair stood till near the close of Mr. Van Buren's -administration, when an event took place which gave it a new turn, -and brought on a most serious question between the United States -and Great Britain, and changed the relative positions of the two -countries--the United States to become the injured party, claiming -redress. The circumstances were these: one Alexander McLeod, -inhabitant of the opposite border shore, and a British subject, -had been in the habit of boasting that he had been one of the -destroyers of the Caroline, and that he had himself killed one of -the "damned Yankees." There were enough to repeat these boastings -on the American side of the line; and as early as the spring of -1838 the Grand Jury for the county in which the outrage had been -committed, found a bill of indictment against him for murder and -arson. He was then in Canada, and would never have been troubled -upon the indictment if he had remained there; but, with a boldness -of conduct which bespoke clear innocence, or insolent defiance, he -returned to the seat of the outrage--to the county in which the -indictment lay--and publicly exhibited himself in the county town. -This was three years after the event; but the memory of the scene -was fresh, and indignation boiled at his appearance. He was quickly -arrested on the indictment, also sued for damages by the owner of -the destroyed boat, and committed to jail--to take his trial in the -State court of the county of Niagara. This arrest and imprisonment -of McLeod immediately drew an application for his release in a note -from Mr. Fox to the American Secretary of State. Under date of the -13th December, 1840, he wrote: - - "I feel it my duty to call upon the government of the United - States to take prompt and effectual steps for the liberation - of Mr. McLeod. It is well known that the destruction of - the steamboat 'Caroline' was a public act of persons in - her Majesty's service, obeying the order of their superior - authorities.--That act, therefore, according to the usages of - nations, can only be the subject of discussion between the two - national governments; it cannot justly be made the ground of - legal proceedings in the United States against the individuals - concerned, who were bound to obey the authorities appointed - by their own government. I may add that I believe it is quite - notorious that Mr. McLeod was not one of the party engaged - in the destruction of the steamboat 'Caroline,' and that the - pretended charge upon which he has been imprisoned rests - only upon the perjured testimony of certain Canadian outlaws - and their abettors, who, unfortunately for the peace of that - neighborhood, are still permitted by the authorities of the - State of New York to infest the Canadian frontier. The question, - however, of whether Mr. McLeod was or was not concerned in the - destruction of the 'Caroline,' is beside the purpose of the - present communication. That act was the public act of persons - obeying the constituted authorities of her Majesty's province. - The national government of the United States thought themselves - called upon to remonstrate against it; and a remonstrance - which the President did accordingly address to her Majesty's - government is still, I believe, a pending subject of diplomatic - discussion between her Majesty's government and the United - States legation in London. I feel, therefore, justified in - expecting that the President's government will see the justice - and the necessity of causing the present immediate release of - Mr. McLeod, as well as of taking such steps as may be requisite - for preventing others of her Majesty's subjects from being - persecuted, or molested in the United States in a similar manner - for the future." - -This note of Mr. Fox is fair and unexceptionable--free from -menace--and notable in showing that the demand for redress for -the affair of the Caroline was still under diplomatic discussion -in London, and that the British government had not then assumed -the act of Captain Drew. The answer of Mr. Forsyth was prompt and -clear--covering the questions arising out of our duplicate form of -government, and the law of nations--and explicit upon the rights of -the States, the duties of the federal government, and the principles -of national law. It is one of the few answers of the kind which -circumstances have arisen to draw from our government, and deserves -to be well considered for its luminous and correct expositions of -the important questions of which it treats. Under date of the 28th -of December, and writing under the instructions of the President, he -says: - - "The jurisdiction of the several States which constitute the - Union is, within its appropriate sphere, perfectly independent - of the federal government. The offence with which Mr. McLeod is - charged was committed within the territory, and against the laws - and citizens of the State of New York, and is one that comes - clearly within the competency of her tribunals. It does not, - therefore, present an occasion where, under the constitution - and laws of the Union, the interposition called for would be - proper, or for which a warrant can be found in the powers - with which the federal executive is invested. Nor would the - circumstances to which you have referred, or the reasons you - have urged, justify the exertion of such a power, if it existed. - The transaction out of which the question arises, presents the - case of a most unjustifiable invasion, in time of peace, of a - portion of the territory of the United States, by a band of - armed men from the adjacent territory of Canada, the forcible - capture by them within our own waters, and the subsequent - destruction of a steamboat, the property of a citizen of the - United States, and the murder of one or more American citizens. - If arrested at the time, the offenders might unquestionably - have been brought to justice by the judicial authorities of the - State within whose acknowledged territory these crimes were - committed; and their subsequent voluntary entrance within that - territory, places them in the same situation. The President is - not aware of any principle of international law, or, indeed, of - reason or justice, which entitles such offenders to impunity - before the legal tribunals, when coming voluntarily within - their independent and undoubted jurisdiction, because they - acted in obedience to their superior authorities, or because - their acts have become the subject of diplomatic discussion - between the two governments. These methods of redress, the legal - prosecution of the offenders, and the application of their - government for satisfaction, are independent of each other, and - may be separately and simultaneously pursued. The avowal or - justification of the outrages by the British authorities might - be a ground of complaint with the government of the United - States, distinct from the violation of the territory and laws - of the State of New York. The application of the government - of the Union to that of Great Britain, for the redress of an - authorized outrage of the peace, dignity, and rights of the - United States, cannot deprive the State of New York of her - undoubted right of vindicating, through the exercise of her - judicial power, the property and lives of her citizens. You have - very properly regarded the alleged absence of Mr. McLeod from - the scene of the offence at the time when it was committed, - as not material to the decision of the present question. That - is a matter to be decided by legal evidence; and the sincere - desire of the President is, that it may be satisfactorily - established. If the destruction of the Caroline was a public act - of persons in her Majesty's service, obeying the order of their - superior authorities, this fact has not been communicated to - the government of the United States by a person authorized to - make the admission; and it will be for the court which has taken - cognizance of the offence with which Mr. McLeod is charged, to - decide upon its validity when legally established before it." - -This answer to Mr. Fox, was read in the two Houses of Congress, on -the 5th of January, and was heard with great approbation--apparently -unanimous in the Senate. It went to London, and on the 8th and -9th of February, gave rise to some questions and answers, which -showed that the British government did not take its stand in -approving the burning of the Caroline, until after the presidential -election of 1840--until after that election had ensured a change -of administration in the United States. On the 8th of February, to -inquiries as to what steps had been taken to secure the liberation -of McLeod, the answers were general from Lord Palmerston and Lord -Melbourne, "_That her Majesty's ministers would take those measures -which, in their estimation, would be best calculated to secure the -safety of her Majesty's subjects, and to vindicate the honor of the -British nation_." This answer was a key to the instructions actually -given to Mr. Fox, showing that they were framed upon a calculation -of what would be most effective, and not upon a conviction of -what was right. They would do what they thought would accomplish -the purpose; and the event showed that the calculation led them -to exhibit the war attitude--to assume the offence of McLeod, and -to bully the new administration. And here it is to be well noted -that the British ministry, up to that time, had done nothing to -recognize the act of Captain Drew. Neither to the American minister -in London, nor to the Secretary of State here, had they assumed it. -More than that: they carefully abstained from indirect, or implied -assumption, by withholding pensions to their wounded officers in -that affair--one of whom had five severe wounds. This fact was -brought out at this time by a question from Mr. Hume in the House -of Commons to Lord John Russell, in which-- - - "He wished to ask the noble lord a question relating to a matter - of fact. He believed that, in the expedition which had been - formed for the destruction of the Caroline, certain officers, - who held commissions in her Majesty's army and navy, were - concerned in that affair, and that some of these officers had, - in the execution of the orders which were issued, received - wounds. The question he wished to ask was, whether or not her - Majesty's government had thought proper to award pensions to - those officers, corresponding in amount with those which were - usually granted for wounds received in the regular service of - her Majesty." - -This was a pointed question, and carrying an argument along with it. -Had the wounded officers received the usual pension? If not, there -must be a reason for departing from the usual practice; and the -answer showed that the practice had been departed from. Lord John -Russell replied: - - "_That he was not aware of any pensions having been granted to - those officers who were wounded in the expedition against the - Caroline._" - -This was sufficiently explicit, and showed that up to the 8th -day of February, 1841, the act of Captain Drew had not been even -indirectly, or impliedly recognized. But the matter did not stop -there. Mr. Hume, a thoroughly business member, not satisfied with an -answer which merely implied that the government had not sanctioned -the measure, followed it up with a recapitulation of circumstances -to show that the government had not answered, one way or the other, -during the three years that the United States had been calling for -redress; and ending with a plain interrogatory for information on -that point. - - "He said that the noble lord (Palmerston), had just made a - speech in answer to certain questions which had been put to him - by the noble lord, the member for North Lancashire; but he (Mr. - Hume) wished to ask the House to suspend their opinion upon - the subject until they had the whole of the papers laid before - the House. He had himself papers in his possession, that would - explain many things connected with this question, and which, - by-the-bye, were not exactly consistent with the statement which - had just been made. It appeared by the papers which he had in - his possession, that in January, 1838, a motion was made in the - U. S. House of Representatives, calling upon the President to - place upon the table of the House, all the papers respecting - the Caroline, and all the correspondence which had passed - between the government of the United States and the British - government on the subject of the destruction of the Caroline. In - consequence of that motion, certain papers were laid upon the - table, including one from Mr. Stevenson, the present minister - here from the U. States. These were accompanied by a long - letter, dated the 15th of May, 1838, from that gentleman, and - in that letter, the burning of the Caroline was characterized - in very strong language. He also stated, that agreeably to - the orders of the President, he had laid before the British - government the whole of the evidence relating to the subject, - which had been taken upon the spot, and Mr. Stevenson _denied he - had ever been informed that the expedition against the Caroline - was authorized or sanctioned by the British government_. Now, - from May, 1838, the time when the letter had been written, up - to this hour, no answer had been given to that letter, nor had - any satisfaction been given by the British government upon this - subject. In a letter dated from London, the 2d of July, Mr. - Stevenson stated that he had not received any answer upon the - subject, and that he did not wish to press the subject further; - but if the government of the United States wished him to do so, - he prayed to be informed of it. By the statement which had taken - place in the House of Congress, it appeared that the government - of the United States had been ignorant of any information - that could lead them to suppose that the enterprise against - the Caroline had been undertaken by the orders of the British - government, or by British authority. That he believed was the - ground upon which Mr. Forsyth acted as he had done. He takes his - objections, and denies the allegation of Mr. Fox, that neither - had he nor her Majesty's government made any communication to - him or the authorities of the United States, that the British - government had _authorized the destruction of the Caroline_. - He (Mr. Hume) therefore hoped that no discussion would take - place, until all the papers connected with the matter were - laid before the House. He wished to know what the nature of - those communications was with Mr. Stevenson and her Majesty's - government which had induced him to act as he had done." - -Thus the ministry were told to their faces, and in the face of the -whole Parliament, that for the space of three years, and under -repeated calls, they had never assumed the destruction of the -Caroline: and to that assertion the ministry _then_ made no answer. -On the following day the subject was again taken up, "_and in the -course of it Lord Palmerston admitted that the government approved -of the burning of the Caroline_." So says the Parliamentary -Register of Debates, and adds: "_The conversation was getting rather -warm, when Sir Robert Peel interposed by a motion on the affairs of -Persia._" This was the first knowledge that the British parliament -had of the assumption of that act, which undoubtedly had just been -resolved upon. It is clear that Lord Palmerston was the presiding -spirit of this resolve. He is a bold man, and a man of judgment in -his boldness. He probably never would have made such an assumption -in dealing with General Jackson: he certainly made no such -assumption during the three years he had to deal with the Van Buren -administration. The conversation was "getting warm;" and well it -might: for this pregnant assumption, so long delayed, and so given, -was entirely gratuitous, and unwarranted by the facts. Col. McNab -was the commanding officer, and gave all the orders that were given. -Captain Drew's report to him shows that his orders were to destroy -the vessel at Navy Island: McNab's letter of the same day to the -United States District Attorney (Rodgers), shows that he would not -authorize an expedition upon United States territory; and his sworn -testimony on the trial of McLeod shows that he did not do it in his -orders to Captain Drew. That testimony says: - - "I do remember the last time the steamboat Caroline came down - previous to her destruction; from the information I received, I - had every reason to believe that she came down for the express - purpose of assisting the rebels and brigands on Navy Island with - arms, men, ammunition, provisions, stores, &c.; to ascertain - this fact, I sent two officers with instructions to watch the - movements of the boat, to note the same, and report to me; they - reported they saw her land a cannon (a six or nine-pounder), - several men armed and equipped as soldiers, and that she had - dropped her anchor on the east side of Navy Island; on the - information I had previously received from highly respectable - persons in Buffalo, together with the report of these gentlemen, - I determined to destroy her that night. I intrusted the command - of the expedition for the purposes aforesaid, to Capt. A. Drew, - royal navy; seven boats were equipped, and left the Canadian - shore; I do not recollect the number of men in each boat; - Captain Drew held the rank of commander in her Majesty's royal - navy; I ordered the expedition, and first communicated it to - Capt. Andrew Drew, on the beach, where the men embarked a short - time previous to their embarkation; Captain Drew was ordered - to take and destroy the Caroline wherever he could find her; - I gave the order as officer in command of the forces assembled - for the purposes aforesaid; they embarked at the mouth of the - Chippewa river; in my orders to Captain Drew nothing was said - about invading the territory of the United States, but such was - their nature that Captain Drew might feel himself justified in - destroying the boat wherever he might find her." - -From this testimony it is clear that McNab gave no order to invade -the territory of the United States; and the whole tenor of his -testimony agrees with Captain Drew's report, that it was "expected" -to have found the Caroline at Navy Island, where she was in fact -immediately before, and where McNab saw her while planning the -expedition. No such order was then given by him--nor by any other -authority; for the local government in Quebec knew no more of it -than the British ministry in London. Besides, Col. McNab was only -the military commander to suppress the insurrection. He had no -authority, for he disclaimed it, to invade an American possession; -and if the British government had given such authority, which they -had not, it would have been an outrage to the United States, not to -be overlooked. They then assumed an act which they had not done; -and assumed it! and took a war attitude! and all upon a calculation -that it was the most effectual way to get McLeod released. It was -in the evening of the 4th day of March that all Washington city -was roused by the rumor of this assumption and demand: and on the -12th day of that month they were all formally communicated to our -government. It was to the new administration that this formidable -communication was addressed--and addressed at the earliest moment -that decency would permit. The effect was to the full extent all -that could have been calculated upon; and wholly reversed the stand -taken under Mr. Van Buren's administration. The burning of the -Caroline was admitted to be an act of war, for which the sovereign, -and not the perpetrators, was liable: the invasion of the American -soil was also an act of war: the surrender of McLeod could not be -effected by an _order_ of the federal government, because he was -in the hands of a State court, charged with crimes against the -laws of that State: but the United States became his defender and -protector, with a determination to save him harmless: and all this -was immediately communicated to Mr. Fox in unofficial interviews, -before the formal communication could be drawn up and delivered. -Lord Palmerston's policy was triumphant; and it is necessary to -show it in order to show in what manner the Caroline affair was -brought to a conclusion; and in its train that of the northeastern -boundary, so long disputed; and that of the north-western boundary, -never before disputed; and that of the liberated slaves on their -way from one United States port to another: and all other questions -besides which England wished settled. For, emboldened by the success -of the Palmerstonian policy in the case of the Caroline, it was -incontinently applied in all other cases of dispute between the -countries--and with the same success. But of this hereafter. The -point at present is, to show, as has been shown, that the assumption -of this outrage was not made until three years after the event, and -then upon a calculation of its efficiency, and contrary to the facts -of the case; and when made, accompanied by large naval and military -demonstrations--troops sent to Canada--ships to Halifax--newspapers -to ourselves, the _Times_ especially--all odorous of gunpowder and -clamorous for war. - -This is dry detail, but essential to the scope of this work, more -occupied with telling how things were done than what was done: -and in pursuing this view it is amazing to see by what arts and -contrivances--by what trifles and accidents--the great affairs -of nations, as well as the small ones of individuals, are often -decided. The finale in this case was truly ridiculous: for, after -all this disturbance and commotion--two great nations standing to -their arms, exhausting diplomacy, and inflaming the people to the -war point--after the formal assumption of McLeod's offence, and war -threatened for his release, it turned out that he was not there! and -was acquitted by an American jury on ample evidence. He had slept -that night in Chippewa, and only heard of the act the next morning -at the breakfast table--when he wished he had been there. Which -wish afterwards ripened into an assertion that he was there! and, -further, had himself killed one of the damned Yankees--by no means -the first instance of a man boasting of performing exploits in a -fight which he did not see. But what a lesson it teaches to nations! -Two great countries brought to angry feelings, to criminative -diplomacy, to armed preparation, to war threats--their governments -and people in commotion--their authorities all in council, and -taxing their skill and courage to the uttermost: and all to settle -a national quarrel as despicable in its origin as the causes of -tavern brawls; and exceedingly similar to the origin of such brawls. -McLeod's false and idle boast was the cause of all this serious -difficulty between two great Powers. - -Mr. Fox had delivered his formal demand and threat on the 12th day -of March: the administration immediately undertook McLeod's release. -The assumption of his imputed act had occasioned some warm words in -the British House of Commons, where it was known to be gratuitous: -its communication created no warmth in our cabinet, but a cold chill -rather, where every spring was immediately put in action to release -McLeod. Being in the hands of a State court, no order could be -given for his liberation; but all the authorities in New York were -immediately applied to--governor, legislature, supreme court, local -court--all in vain: and then the United States assumed his defence, -and sent the Attorney-General, Mr. Crittenden, to manage his -defence, and General Scott, of the United States army, to protect -him from popular violence; and hastened to lay all their steps -before the British minister as fast as they were taken. - -The acquittal of McLeod was honorable to the jury that gave it; and -his trial was honorable to the judge, who, while asserting the right -to try the man, yet took care that the trial should be fair. The -judges of the Supreme Court (Bronson, Nelson, and Cowan) refused the -_habeas corpus_ which would take him out of the State: the Circuit -judge gave him a fair trial. It was satisfactory to the British; and -put an end to their complaint against us: unhappily it seemed to put -an end to our complaint against them. All was postponed for a future -general treaty--the invasion of territory, the killing of citizens, -the arson of the boat, the impressment and abduction of a supposed -British subject--all, all were postponed to the day of general -settlement: and when that day came all were given up. - -The conduct of the administration in the settlement of the affair -became a subject of discussion in both Houses of Congress, and was -severely censured by the democracy, and zealously defended by the -whigs. Mr. Charles Jared Ingersoll, after a full statement of the -extraordinary and successful efforts of the administration of Mr. -Van Buren to prevent any aid to the insurgents from the American -side, proceeded to say: - - "Notwithstanding, however, every exertion that could be and was - made, it was impossible altogether to prevent some outbreaks, - and among the rest a parcel of some seventy or eighty Canadians, - as I have understood, with a very few Americans, took possession - of a place near the Canadian shore, called Navy Island, and - fortified themselves in defiance of British power. If I have not - been misinformed there were not more than eight or ten Americans - among them. An American steamboat supplied them with a cannon - and perhaps other munitions of war: for I have no disposition to - diminish whatever was the full extent of American illegality, - but, in this statement of the premises, desire to present the - argument with the most unreserved concessions. I am discussing - nothing as the member of a party. I consider the Secretary of - State as the representative of his government and country. I - desire to be understood as not intending to say one word against - that gentleman as an individual; as meaning to avoid every thing - like personality, and addressing myself to the position he has - assumed for the country, without reference to whether he is - connected with one administration or another; viewing this as a - controversy between the United States and a foreign government, - in which all Americans should be of one party, acknowledging no - distinction between the acts of Mr. Forsyth and Mr. Webster, - but considering the whole affair, under both the successive - administrations, as one and indivisible; and on many points, I - believe this country is altogether of one and the same sentiment - concerning this controversy. It seems to be universally agreed - that British _pirates_ as they were, as I will show according - to the strictest legal definition of the term, in the dead - of night, _burglariously invaded_ our country, _murdered_ at - least one of our unoffending fellow-citizens, were guilty of - the further crime of _arson_ by burning what was at least the - temporary dwelling of a number of persons asleep in a steamboat - moored to the wharf, and finally cutting her loose, carried her - into the middle of the stream, where, by romantic atrocity, - unexampled in the annals of crime, they sent her over the Falls - of Niagara, with how many persons in her, God only will ever - know. - - "Now Mr. Speaker, this, in its national aspect, was precisely - the same as if perpetrated in your house or mine, and should - be resented and punished accordingly. Some time afterwards - one of the perpetrators, named McLeod, in a fit of that - sort of infatuation with which Providence mostly betrays the - guilty, strayed over from Canada to the American shore, like - a fool, as he was, and there was soon arrested and imprisoned - by that popular police, which is always on the alert to - administer justice upon malefactors. First proceeded against, - as it appears, for civil redress for the loss of the vessel, - he was soon after indicted by the appropriate grand jury, - and has remained ever since in custody, awaiting the regular - administration of justice. Guilty or innocent, however, there - he was, under the aegis of the law of the sovereign State of New - York, with the full protection of every branch of the government - of that State, when the present administration superseded - the last, and the first moment after the late President's - inauguration was ungenerously seized by the British minister - to present the new Secretary of State with a letter containing - the insolent, threatening, and insufferable language which I am - about to read from it: - - "'The undersigned is instructed to demand from the government - of the United States, formally, in the name of the British - government, the immediate release of Mr. Alexander McLeod. - The transaction in question may have been, as her Majesty's - government are of opinion that it was, a justifiable employment - of force for the purpose of defending the British territory - from the unprovoked attack of a band of British rebels and - American pirates, who, having been permitted to arm and organize - themselves within the territory of the United States, had - actually invaded and occupied a portion of the territory of - her Majesty; or it may have been, as alleged by Mr. Forsyth, - in his note to the undersigned of the 26th of December, a most - unjustifiable invasion in time of peace, of the territory of the - United States.'" - - "Finally, after a tissue of well elaborated diplomatic - contumely, the very absurdity of part of which, in the - application of the term pirates to the interfering Americans, is - demonstrated by Mr. Webster--the British minister reiterates, - towards the conclusion of his artfully insulting note--that - 'be that as it may, her Majesty's government formally demands, - upon the grounds already stated, the immediate release of Mr. - McLeod; and her Majesty's government entreats the President of - the United States--I pray the House to mark the sarcasm of this - offensive entreaty--to take into his deliberate consideration - the serious nature of the consequences which must ensue from a - rejection of this demand.' - - "Taken in connection with all the actual circumstances of the - case--the tone of the British press, both in England and Canada, - the language of members in both Houses of Parliament, and the - palpable terms of Mr. Fox's letter itself, it is impossible, - I think, not to see we cannot wink so hard as not to perceive - that Mr. Fox's is a threatening letter. It surprises me that - this should have been a subject of controversy in another - part of this building, while I cannot doubt that Mr. Webster - was perfectly satisfied of the menacing aspect of the first - letter he received from the British minister. Anxious--perhaps - laudably anxious--to avoid a quarrel so very unpromising at - the very outset of a new administration, he seems to have shut - his eyes to what must flash in every American face. And here - was his first mistake; for his course was perfectly plain. He - had nothing to do but, by an answer in the blandest terms of - diplomatic courtesy, to send back the questionable phrases to - Mr. Fox, with a respectful suggestion that they looked to him - as if conveying a threat; that he hoped not, he believed not; - he trusted for the harmony of their personal relations, and the - peace of their respective nations, that he was laboring under - a mistake; but he could not divest his mind of the impression, - that there were in this note of Mr. Fox, certain phrases which, - in all controversies among gentlemen as well as nations, - inevitably put an end to further negotiation. Mr. Fox must have - answered negatively or affirmatively, and the odious indignity - which now rankles in the breast of at least a large proportion - of the country, interpreting it as the meaning of the British - communication, would have been avoided. Mr. Webster had Mr. Fox - absolutely in the hollow of his hand. He had an opportunity of - enlisting the manly feeling of all his countrymen, the good will - of right-minded Englishmen themselves, to a firm and inoffensive - stand like this, on the threshold of the correspondence. Why he - did not, is not for me to imagine. With no feeling of personal - disparagement to that gentleman, I charge this as an obvious, a - capital, and a deplorable lapse from the position he should have - assumed, in his very first attitude towards the British minister. - - "The British argument addressed to him was, that 'the - transaction in question was a justifiable employment of public - force, with the sanction, or by order of the constituted - authorities of a State, engaging individuals in military or - naval enterprises in their country's cause, when it would be - contrary to the universal practice of civilized nations to fix - individual responsibility upon the persons engaged.' This, - as I do not hesitate to pronounce it, false assumption of - law, is, at once, conceded by Mr. Webster, in the remarkable - terms, that the 'government of the United States,' by which - he must mean himself, entertains _no doubt_ of the asserted - British principle. Mr. Webster had just before said, that 'the - President is not certain that he understands precisely the - meaning intended to be conveyed by her Majesty's government,' - 'which doubt,' he adds, 'has occasioned with the President some - hesitation.' Thus while the President entertained a doubt, - the government entertained no doubt at all; which I cannot - understand, otherwise, than that while the President hesitated - to concede, the Secretary of State had no hesitation whatever - to concede at once the whole British assumption, and surrender - at discretion the whole American case. For where is the use of - Mr. Webster's posterior, elaborated argument, when told by the - British minister that this transaction was _justifiable_, and - informed by the public prints that at a very early day, one of - the British Secretaries, Lord John Russell, declared in open - Parliament that the British government _justified_ what is - called the _transaction_ of McLeod. The matter was ended before - Mr. Webster set his powerful mind to produce an argument on the - subject. The British crown had taken its position. Mr. Webster - knew it had; and he may write the most elegant and pathetic - letters till doomsday, with no other effect than to display - the purity of his English to admiring fellow-citizens, and the - infirmity of his argument to Great Britain and the world. By - asserting the legal position which they assume, and justifying - the transaction, together with Mr. Webster's concession of their - legal position, the transaction is settled. Nothing remains to - be done. Mr. Webster may write about it if he will, but Mr. - Fox and the British minister hold the written acknowledgment - of the American Secretary of State, that the affair is at an - end. I call this, sir, a terrible mistake, a fatal blunder, - irrecoverable, desperate, leaving us nothing but Mr. Webster's - dreadful alternative of cold-blooded, endless, causeless war. - - "Our position is false, extremely and lamentably false. The - aggrieved party, as we are, and bound to insist upon redress, - to require the punishment of McLeod, Drew, and McNab, and the - other pirates who destroyed the Caroline, we have been brought - to such a reverse of the true state of things, as to be menaced - with the wrong-doer's indignation, unless we yield every thing. - I care not whose fault it is, whether of this administration - or that. In such an affair I consider both the present and the - past, as presenting one and the same front to one and the same - assailant. I cannot refrain, however, from saying, that whatever - may have been our position, it has been greatly deteriorated by - Mr. Webster's unfortunate concession. - - "Never did man lose a greater occasion than Mr. Webster cast - away, for placing himself and his country together, upon a - pinnacle of just renown. Great Britain had humbled France, - conquered Egypt, subdued vast tracts of India, and invaded - the distant empire of China--there was nothing left but our - degradation, to fill the measure of her glory, if it consists - in such achievements; and she got it by merely demanding, - without expecting it. And why have we yielded? Was there any - occasion for it? Did she intend to realize her threat? Were the - consequences which Mr. Webster was entreated to take into his - consideration, the immediate and exterminating warfare, servile - war and all, which belligerent newspapers, peers, and other such - heralds of hostilities have proclaimed? No such thing. We may - rely, I think, with confidence, upon the common good sense of - the English nation, not to rush at once upon such extremities, - and for such a cause. Mr. Fox took Mr. Webster in the melting - mood, and conquered by a threat; that is to say, conquered - for the moment; because the results, at some distant day, - unless his steps are retraced, will and must be estrangement - between kindred nations, and cold-blooded hostilities. I have - often thought, Mr. Speaker, that this affair of McLeod is what - military men call a demonstration, a feint, a false attack, to - divert us from the British design on the State of Maine; of - which I trust not one inch will ever be given up. And truly, - when we had the best cause in the world, and were the most - clearly in the right, it has been contrived, some how or other, - to put us in false position, upon the defensive, instead of - the offensive, and to perplex the plainest case with vexatious - complication and concession." - -The latter part of this speech was prophetic--that which related to -the designs on the State of Maine. Successful in this experiment -of the most efficacious means for the release of McLeod, the -British ministry lost no time in making another trial of the same -experiment, on the territory of that State--and again successfully: -but of this in its proper place. Mr. John Quincy Adams, and Mr. -Caleb Cushing, were the prominent defenders of the administration -policy in the House of Representatives--resting on the point that -the destruction of the Caroline was an act of war. Mr. Adams said: - - "I take it that the late affair of the Caroline was in hostile - array against the British government, and that the parties - concerned in it were employed in acts of war against it: and - I do not subscribe to the very learned opinion of the chief - justice of the State of New York (not, I hear, the chief - justice, but a judge of the Supreme Court of that State), that - there was no act of war committed. Nor do I subscribe to it - that every nation goes to war only on issuing a declaration or - proclamation of war. This is not the fact. Nations often wage - war for years, without issuing any declaration of war. The - question is not here upon a declaration of war, but acts of war. - And I say that in the judgment of all impartial men of other - nations, we shall be held as a nation responsible; that the - Caroline, there, was in a state of war against Great Britain; - for purposes of war, and the worst kind of war--to sustain an - insurrection; I will not say rebellion, because rebellion is a - crime, and because I heard them talked of as patriots." - -Mr. Cushing said: - - "It is strange enough that the friends of Mr. Van Buren should - deny that the attack on the Caroline was an act of war. I reply - to them not only by exhibiting the reason and the principle of - the thing, but by citing the authority of their own President. - I hold in my hand a copy of the despatch addressed by Mr. - Stevenson to Lord Palmerston, under the direction of Mr. Van - Buren, making demand of reparation for the destruction of the - Caroline, and in that despatch, which has been published, Mr. - Stevenson pursues the only course he could pursue; he proceeds - to prove the hostile nature of the act by a full exhibition - of facts, and concludes and winds up the whole with declaring - in these words: 'The case then is one of open, undisguised, - and unwarrantable hostility.' After this, let no one complain - of Mr. Webster for having put the case of the Caroline on the - same precise ground which Mr. Van Buren had assumed for it, and - which, indeed, is the only ground upon which the United States - could undertake to hold the British government responsible. - And when the gentleman from Pennsylvania is considering the - first great negotiation of Mr. Webster, how does he happen to - forget the famous, or rather infamous, first great negotiation - undertaken by Mr. Van Buren? And is it not an act of mere - madness on the part of the friends of Mr. Van Buren, to compel - us to compare the two? Here is a despatch before us, addressed - in a controversy between the United States and Great Britain, - containing one of the ablest vindications of the honor and - integrity of the United States that ever was written. Mr. Van - Buren began, also, with the discussion of the question between - us and Great Britain. And in what spirit?--that of a patriot, - a man of honor, and an American? Is not that despatch, on the - contrary, a monument of ignominy in the history of the United - States? Instead of maintaining the interests of this country, - did not Mr. Van Buren, on that occasion, utterly sacrifice - them? Did he not dictate in that despatch, a disposition of the - great question of the colony trade between the United States - and Great Britain, which, from that time to this, has proved - most disastrous in its effects on the commercial and navigating - interests of the United States? And pernicious as was the object - of the despatch, was not the spirit of it infinitely worse? in - which, for the first time, party quarrels of the people of the - United States were carried into our foreign affairs--in which - a preceding administration was impliedly reproached for the - zeal with which it had defended our interests--in which it was - proclaimed that the new administration started in the world with - a set purpose of concession toward Great Britain--in which the - honor of the United States was laid prostrate at the foot of the - British throne, and the proud name of America, to sustain which - our fathers had carried on a first and a second war, as we may - have to do a third--that glory which the arms of our enemy could - not reach, was, in this truckling despatch, laid low for the - first, and, I trust in God, the last time, before the lion of - England." - -The ground taken by Mr. Adams and Mr. Cushing for the defence of Mr. -Webster (for they seemed to consider him, and no doubt truly, as the -whole administration in this case) was only shifting the defence -from one bad ground to another. The war ground they assumed could -only apply between Great Britain and the insurgents: she had no war -with the United States: the attack on the Caroline was an invasion -of the territory of a neutral power--at peace with the invader. That -is a liberty not allowed by the laws of nations--not allowed by the -concern which any nation, even the most inconsiderable, feels for -its own safety, and its own self-respect. A belligerent party cannot -enter the territory of a neutral, even in fresh pursuit of an enemy. -No power allows it. That we have seen in our own day, in the case of -the Poles, in their last insurrection, driven across the Austrian -frontier by the Russians; and the pursuers stopped at the line, and -the fugitive Poles protected the instant they had crossed it: and -in the case of the late Hungarian revolt, in which the fugitive -Hungarians driven across the Turkish frontier, were protected from -pursuit. The Turks protected them, Mahometans as they were; and -would not give up fugitive Christians to a Christian power; and -afterwards assisted the fugitives to escape to Great Britain and -the United States. The British then had no right to invade the -United States even in fresh pursuit of fugitive belligerents: but -the Caroline and crew were not belligerents. She was an American -ferry-boat carrying men and supplies to the insurgents, but she -was not a combatant. And if she had been--had been a war-vessel -belonging to the insurgents, and fighting for them, she could not -be attacked in a neutral port. The men on board of her were not -Canadian insurgents, but American citizens, amenable to their own -country for any infraction of her neutrality laws: and if they -had been Canadian insurgents they could not have been seized on -American soil; nor even demanded under the extradition clause in the -treaty of 1796, even if in force. It did not extend to political -offences, either of treason or war. It only applied to the common -law offences of murder and forgery. How contradictory and absurd -then to claim a right to come and take by violence, what could not -be demanded under any treaty or the law of nations. No power gives -up a political fugitive. Strong powers protect them openly, while -they demean themselves orderly: weak powers get them to go away when -not able to protect them. None give them up--not even the weakest. -All the countries of Europe--the smallest kingdom, the most petty -principality, the feeblest republic, even San Marino--scorn to give -up a political fugitive, and though unable to chastise, never fail -to resent any violation of its territory to seize them. We alone, -and in the case of the Caroline, acknowledge the right of Great -Britain to invade our territory, seize and kill American citizens -sleeping under the flag of their country, to cut out an American -vessel moored in our port, and send her in flames over the Falls of -Niagara. We alone do that! but we have done it but once! and history -places upon it the stigma of opprobrium. - -Mr. William O. Butler of Kentucky, replied to Mr. Cushing, -especially to his rehash of the stale imputations, worn out at the -time of Mr. Van Buren's senatorial rejection as minister to Great -Britain, and said: - - "He expected from the gentleman a discussion on national law; - but how much was he astonished the next day, on reading his - speech in the _Intelligencer_, and finding him making a most - virulent attack on the conduct and reputation of Mr. Van Buren. - The gentleman referred to the letter of instructions of Mr. Van - Buren to our Minister at the Court of St. James, and compared it - with the instructions of Mr. Webster to the Attorney-general; - speaking of the latter as breathing the statesman and patriot - throughout, while he characterizes the former as infamous. Mr. - B. said he would not repeat the harsh and offensive terms in - which the gentleman had spoken of Mr. Van Buren's letter; he - would read what the gentleman said from his printed speech, - in order that the House might see the length to which his - invectives were carried. [Here Mr. B. read extracts from Mr. - Cushing's speech.] The gentleman spoke of comparing the two - letters together. But did he think of comparing the thing we - complain of with the thing he complains of? No: that would be - next to madness. The gentleman shrinks from that comparison, and - goes on to compare not the thing we complain of with the letter - of Mr. Van Buren, but the beautiful composition of Mr. Webster, - written forty days after complying with the British minister's - insulting demands, and intended to cover over the instructions - to Mr. Crittenden, after which he characterizes Mr. Van Buren's - letter as a monument of ignominy. Now Mr. B. said he would - make the same reply that a dignified farmer of Kentucky did to - a lawyer. The lawyer prosecuted the farmer for a slander, and - in the course of the trial took occasion to heap on him all the - abuse and invective of which the Billingsgate vocabulary is - capable. Yet the jury, without leaving their box, pronounced a - verdict of acquittal. The verdict of an honest and intelligent - jury, said the farmer, is a sufficient answer to all your abuse. - Just so it was with Mr. Van Buren. His letter had made a great - noise in the country; had been extensively circulated and read, - and had been assailed with the utmost virulence by the opposite - party. Yet the highest jury on earth, the American people, had - pronounced the acquittal of Mr. Van Buren by electing him to the - Chief Magistracy. The gentleman complained that the patriotism - of Mr. Webster not only had been assailed, but that the - gentleman from Pennsylvania had had the temerity to attack that - most beautiful of letters which the patriotic Secretary wrote - to Mr. Fox. Now he (Mr. B.) would admit that it was a beautiful - piece of composition, and he knew of but one that would compare - with it, and that was the proclamation of General Hull, just - before surrendering the Northwestern army to the British." - -The friends of Mr. Webster had a fashion of extolling his intellect -when his acts were in question; and on no occasion was that fashion -more largely indulged in than on the present one. His letter, -superscribed to Mr. Fox--brought out for home consumption forty days -after the satisfactory answer had been given--was exalted to the -skies for the harmony of its periods, the beauty of its composition, -the cogency of its reasons! without regarding the national honor -and interest which it let down into the mud and mire; and without -considering that the British imperious demand required in the answer -to it, nerve as well as head--and nerve most. It was a case for an -iron will, more than for a shining intellect: and iron will was -not the strong side of Mr. Webster's character. His intellect was -great--his will small. His pursuits were civil and intellectual; -and he was not the man, with a goose quill in his hand, to stand -up against the British empire in arms. Throughout the debate, in -both Houses of Congress, the answer to Mr. Fox was treated by Mr. -Webster's friends, as his own; and, no doubt, justly--his supremacy -as a jurist being so largely deferred to. - -The debate in the House was on the adoption of a resolution offered -by Mr. John G. Floyd, of New York, calling on the President for -information in relation to the steps taken to aid the liberation of -McLeod; and the fate of the resolution was significant of the temper -of the House--a desire to get rid of the subject without a direct -vote. It was laid upon the table by a good majority--110 to 70. The -nays, being those who were for prosecuting the inquiry, were: - - Messrs. Archibald H. Arrington, Charles G. Atherton, Linn - Banks, Henry W. Beeson, Benjamin A. Bidlack, Samuel S. Bowne, - Linn Boyd, Aaron V. Brown, Charles Brown, Edmund Burke, Reuben - Chapman, James G. Clinton, Walter Coles, Edward Cross, John R. - J. Daniel, Richard D. Davis, Ezra Dean, William Doan, Andrew - W. Doig, Ira A. Eastman, John C. Edwards, Charles G. Ferris, - John G. Floyd, Charles A. Floyd, Joseph Fornance, James Gerry, - William O. Goode, Samuel Gordon, William A. Harris, John - Hastings, Samuel L. Hays, Isaac E. Holmes, Jacob Houck, jr., - George S. Houston, Edmund W. Hubard, Charles J. Ingersoll, - William Jack, Cave Johnson, John W. Jones, George M. Keim, - Abraham McClellan, Robert McClellan, James J. McKay, John - McKeon, Albert G. Marchand, Alfred Marshall, John Thompson - Mason, James Mathews, William Medill, John Miller, Christopher - Morgan, Peter Newhard, William Parmenter, Samuel Patridge, - William W. Payne, Arnold Plumer, John Reynolds, Lewis Riggs, - Tristram Shaw, John Snyder, Lewis Steenrod, George Sweeny, - Thomas A. Tomlinson, Hopkins L. Turney, John Van Buren, Aaron - Ward, Harvey M. Watterson, John Westbrook, James W. Williams, - Henry A. Wise, Fernando Wood. - -The same subject was largely debated in the Senate--among others by -Mr. Benton--some extracts from whose speech will constitute the next -chapter. - - - - -CHAPTER LXXVI. - -DESTRUCTION OF THE CAROLINE: ARREST AND TRIAL OF McLEOD: MR. -BENTON'S SPEECH: EXTRACTS. - - -Mr. Benton said the history of our country contained a warning -lesson to gentlemen who take the side of a foreign country against -their own: he alluded to the case of Arbuthnot and Ambrister, -seized among the Seminole Indians in 1818, and hung as outlaws -and pirates by the orders of General Jackson. The news of that -execution was heard with joy by the American people, who considered -these Englishmen as a thousand times more culpable than the -wretched savages whom they stimulated to the murder of women and -children--men who had abandoned their own country, and the white -race to which they belonged, to join savages against a country with -which their own government was at peace. The country heard the -news of the execution with joy: they approved the act of General -Jackson. Not so with the politicians--the politicians of the federal -school especially. They condemned it; partisan presses attacked -it; and when Congress met, committees of each House of Congress -reported against it--loudly condemned it--and were followed by a -crowd of speakers. All the phrases now heard in claiming exemption -for McLeod, and bewailing his fate, were then heard in deploring -the fate of Arbuthnot and Ambrister. Violation of the laws of -nations--inhuman--unworthy of the nineteenth century--shocking -to humanity--barbarous--uncivilized--subjecting us to reprisals, -and even to war from England--drawing upon us the reproaches of -Christendom, and even the wrath of Heaven: such were the holiday -phrases with which the two Houses of Congress then resounded. To -hear what was said, and it would seem that the British lion would -be instantly upon us. We were taught to tremble for the return news -from England. Well! it came! and what was it? Not one word from the -British government against the act of Jackson! Not the scrape of a -pen from a minister on the subject! Not a word in Parliament except -the unsupported complaint of some solitary members--just enough -to show, by the indifference with which it was received, that the -British House of Commons had no condemnation to pronounce upon the -conduct of General Jackson. Their silence justified him in England, -while committees and orators condemned him in his own country: and -this justification from abroad, in a case where two Englishmen were -actually hanged, should be a warning to gentlemen how they should -commit themselves in a case where an Englishman is merely in the -hands of justice, and has nothing to fear from "God and the country" -if he is as innocent, as he now alleges, and which humanity would -wish him to be. General Jackson was right, and the committees and -orators who condemned him were wrong. He was right in the law, and -in the application of the law. He had no musty volumes of national -law to refer to in the swamps of Florida; and he needed none. He had -the law of nature, and of nations, in his heart. He had an American -heart, and that heart never led him wrong when the rights, the -interest, and the honor of his country were at stake. He hung the -Englishmen who were inciting savages to the murder of our women and -children: and the policy of the measure has become no less apparent -than its legality was clear. Before that time Englishmen were -habitually in the camp and wigwam of the Indians, stimulating to -war upon us: since that time no Englishman has been heard of among -them. The example was impressive--its effect salutary--its lesson -permanent. It has given us twenty-five years of exemption from -British interference in our Indian relations; and if the assassins -of the Caroline shall be hung up in like manner it will give us -exemption from future British outrage along the extended line which -divides the Union from the British Canadian provinces. - -It is humiliating to see senators of eminent ability consulting -books to find passages to justify an outrage upon their own country. -Better far throw away the books, and go by the heart. Then, at -least, with American hearts, they would always have the consolation -of being on their country's side. Better even to take the rule of -the illustrious commodore whose actions have shed so much lustre -on the American name (Decatur), and go for their country, right -or wrong. Then they would always have their own hearts on their -side. Besides, there is no book which fits our case--none which -was written for the duplicate form of government which we possess. -We have State governments as well as a general government; and -those governments have their rights, and are sovereign within their -limits. The protection of the lives, liberty, and property of their -citizens, is among these rights: the punishment of murder, arson, -and burglary, are among these rights. If there was nothing in the -law of nations, as written in the books, to recognize these rights, -it would be necessary for us to do an act which would cause a new -line to be written in these books. But this is not the case. The law -of nations as it now stands, is sufficient for us. It has been read -from Vattel by several senators; and is conclusive in our favor. -What is it? Why, that if the citizens of one country commit an -outrage upon another, you must apply to their sovereign for redress: -but if the wrong-doer comes into your country, you may seize and -punish him. This is the law of nations, and it fits our case; and -we have followed it. The United States, as charged with our foreign -relations, have made the demand for redress upon Great Britain: the -State of New York, as the wronged local authority, has seized the -wrong-doer, when he came upon her territory; and is giving him what -he did not give her citizens--a trial for his life: and this she has -a right to do: and if the federal government attempts to give up -that man, she shrinks from the defence of right, violates the law of -nations, and invades the jurisdiction of New York. - -This brings us to the case before us. What is it? The facts of the -transaction are all spread out in official documents, and sustained -upon clear and undeniable testimony. Some Canadian insurgents are -on an island, near the Canada shore, entrenching themselves, and -receiving aid in men and arms from the American side. An American -ferry-boat, the Steamer Caroline, carries that aid. She is seen in -the fact--seen by the commanding officer of the British forces, as -he stands on the Canadian shore, looking on. He sees her there late -in the evening--saw her cast anchor near the island--and determines -to destroy her there. Five boats are fitted out in the dark to go -and do the work; and if they had done it there, not a word would -have been said; for it was a British island, and she was there upon -an unlawful business--violating the laws of neutrality, disobeying -the laws of her own country, disregarding the proclamation of the -President; and doing an act which might bring her own country into -trouble. If she had been found there and destroyed, not a word would -have been said: but she was not found there, and the captain of the -boats, of his own head, contrary to the order which he had received, -and which directed him to the British island, and contrary to the -letter written by his commanding officer on that very day, abjuring -all right and all intent to make a descent upon our coast, because -it was ours: this captain, his name Drew, and an officer in the -British navy without the knowledge of his commander, determines -to cross the line--to steal across the river in the night--oars -muffled--all noises silenced--creep upon the unsuspecting vessel, -anchored at the shore, sleeping under the flag, and sheltered by -the laws of her country, and the law of nations: and stealthily get -on board. They run to the berths--cut, stab, slash, and shoot, all -that they see--pursue the flying--kill one man on the shore--no -distinction of persons--and no quarter the word. Several are killed -in the boat: none escape but those whom darkness and confusion -favored. Victorious in an attack upon men asleep, the conquerors -draw the vessel into the middle of the river--it was just above -the falls--set her on fire; and, with all her contents--the dead -and the dying, the living and the wounded--send her, luminous in -flames, over the frightful cataract of Niagara. One man alone had -been spared, and he as a British subject, to be taken home for -punishment. These are facts. What do they amount to in law--that of -nations, and that of New York, where the deed was done? First, a -violation of the law of nations, in invading the soil of the United -States--in attacking a vessel (even if it had been a belligerent), -in a neutral port--in attacking persons on neutral territory--in -impressing and carrying off a man from our territory: then each -of these acts was a crime against the municipal laws of New York. -McLeod, one of the actors in that cowardly assassination, and -conflagration, guilty upon his own boasting, and caught upon the -scene of his outrage, now in the hands of justice in the State of -New York, while no indemnity is offered for the outrage itself: this -perpetrator we are required, and that under a threat, to release -from the hands of a State, which has the legal right to try him. -All this was years before--near four years before--December, 1837. -The news flew upon the wings of the wind. It fired the bosoms of -the border inhabitants, upon a line of fifteen hundred miles. -Retaliation was in every heart, threats in every mouth, preparation -open--war imminent. Mr. Van Buren was then President. To repress -the popular risings, proclamations were issued: to prevent acts -of retaliation, troops were stationed along the line, and armed -steamers floated the river and the lakes: to punish any violation -of order, instructions were issued to the district attorneys, -and marshals; and the aid of the State authorities was claimed, -and obtained. To obtain redress for the outrage to our citizens, -and the insults to our national character, immediate application -was made to the British government. That government delayed its -answer to our just demand--avoided the assumption of the criminal -act--excused and justified, without assuming it, either in words, -or indirectly, by rewarding the actors, or even giving pensions -to those wounded in the attack: for there were several of them in -the dark and dastardly attack. Diplomacy was still drawing out its -lengthened thread--procrastination the game, and the chapter of -accidents the hope--when McLeod, the boaster in Canada of his active -share in this triple crime of murder, arson, and robbery, against -the State of New York, and of violated neutrality against the United -States, crosses over to the United States, exhibits himself on the -very spot of his exploits, and in the sight of those who had often -heard of his boasts. Justice then took hold of him. He was arrested -on an indictment found against him, immediately after the act; and -he was also sued by the owner of the vessel. A trial, of course, -in each case, was to take place in the courts of the State whose -laws had been violated. Vattel prescribed that. The United States -had nothing to do with it. Her business was with his sovereign. -To the State it belonged to punish the violation of her own laws, -the perpetrator having been caught within her jurisdiction: to -the owner of the boat it belonged to sue for damages; and neither -the United States, nor the State of New York, had any right to -defeat his action, by releasing the defendant. It was a transitory -action, and would lay any where where the defendant was caught. -McLeod went to jail in both cases--the indictment, and the civil -suit; and would seem to have courted that fate by coming over to -defy it. The news of these proceedings fly to the British minister -in this city (Mr. Henry S. Fox): that minister addresses a note -to the Secretary of State (Mr. Forsyth), demanding the release -of McLeod: the Secretary answered, by the direction of President -Van Buren, that this man, being charged with criminal offences -against the State of New York, and sued in a civil action by one -of her citizens, the general government had no right to release -him: and would not undertake to do so. This answer was read in -this chamber on the night of the 5th of January last, when the -Senate was composed very nearly as it is now--nearly all the same -members--when the present Secretary of State (Mr. Webster), and -the present Attorney-general (Mr. Crittenden), were both present: -and we all know in what manner that answer of Mr. Forsyth was -received. It received the unanimous approbation of this chamber! -Mr. B. repeated the expression--unanimous approbation! and said -he would pause for correction if he was mistaken. (He paused. -Several senators said, yes! yes! No one said the contrary.) Mr. B. -continued: I remember that letter well, and the feeling of unanimous -approbation which pervaded the chamber when it was read. Every -senator that spoke, expressed his approbation. No one signified -dissent: and the feeling was then universal that the proper answer -had been given by the American government--the answer which the -law of nations, our duplicate form of government, the dignity of -the Union, the rights of the State of New York, and the rights of -the owner of the destroyed vessel--all required to be given. If I -am wrong in my recollection, I repeat the request: let me be set -right now. (Several voices exclaimed, "right! right!" No one said -the contrary.) Mr. B. resumed: a great point--one vital to the -case as it concerns our action, and conclusive in this debate, is -now established. It is established, that in the month of January -last, when the answer of the American Secretary was read in this -chamber, we were all of opinion that he had given the correct -and proper answer: and among the senators then present were the -present Secretary of State, who has undertaken to get McLeod out -of the clutches of the law in New York; and also the present -attorney-general, who has gone to New York upon that errand. This is -enough. Those gentlemen heard the case then, and uttered no dissent. -The Senate was then unanimous--including those who dissent now. How -was it in the House of Representatives, where the same papers were -read at the same time? How was it there, in a body of 220, and the -immediate representatives of the people? About the same that it -was in the Senate--only more formally expressed. The papers were -sent to the Committee of Foreign Affairs. That committee, through -Mr. Pickens, its chairman, made an ample report, fully sustaining -the answer of the American government: and of that report, five -thousand extra copies were printed by the unanimous consent of the -House, for distribution among the people. - -In the month of January last, it may then be assumed, that the two -Houses of Congress approved the decision of President Van Buren; and -according to that decision, McLeod was neither to be given up, nor -the course of justice in New York interfered with by the federal -government. Mr. Fox received the answer of Mr. Forsyth--transmitted -it to his government--and received from that government precise -instructions to avow and assume the attack on the Caroline as -a national act--to make a peremptory demand for the release of -McLeod--to threaten us with serious consequences in the event of -refusal; and, as the London newspapers said, to demand his passports -and leave the country if his demand was not immediately complied -with. It was on the evening of the 4th day of March--the day of -the inauguration of the new President, so nicely had the British -ministry calculated the time--that the news of these instructions -arrived in this city; and along with that news came the war-threats, -and the war speeches of the press and public men of Great -Britain--the threat of many papers to send admirals and war-steamers -to batter down our cities; and the diabolical speech of a peer of -the realm (Lord Mountcashel) to excite our three millions of slaves -to insurrection--to raise all the Indian tribes against us--and to -destroy our finances by bursting the paper bubbles on which they -floated. Yes! it was on the evening of the 4th day of March that -these instructions--these threats--these war annunciations--all -arrived together in this city. The new President (General Harrison) -had just been inaugurated: his cabinet had just been indicated: -the men who were to compose the presidential council were fully -known: and I undertook at once to tell what would be done. I said to -several--some now in this city if not in this chamber: McLeod will -be given up--not directly, but indirectly. Underhanded springs will -be set in motion to release him, and a letter will afterwards be -cooked up to show to Congress and the people, and to justify what -had been done. This is what I said. Persons are now in this city to -whom I said it. And now let us resume the succession of events, and -see what was done by this new administration which had just been -inducted into office in the midst of triumphal processions--under -the fire of cannon--the beating of drums--the display of flags; -and all the glorious pomp and circumstance of war. Let us see what -they did. On the 12th of March--the new administration having been -allowed a week to organize--Mr. Fox addresses to Mr. Webster a -formal demand, in the name of his government for the release of -McLeod, and goes on to say: - - "The grounds upon which the British government made this demand - upon the government of the United States are these: that the - transaction on account of which Mr. McLeod has been arrested, - and is to be put upon his trial, was a transaction of a public - character planned and executed by persons duly empowered by - her Majesty's colonial authorities to take any steps, and to - do any acts which might be necessary for the defence of her - Majesty's territories, and for the protection of her Majesty's - subjects; and that, consequently, those subjects of her Majesty - who engaged in that transaction were performing an act of public - duty, for which they cannot be made personally and individually - answerable to the laws and tribunals of any foreign country." - -And after enforcing this demand, by argument, contesting the answer -given by Mr. Forsyth, and suggesting the innocence of McLeod, the -letter proceeds to say: - - "But, be that as it may, her Majesty's government formally - demands, upon the grounds already stated, the immediate release - of Mr. McLeod; and her Majesty's government entreat the - President of the United States to take into his most deliberate - consideration the serious nature of the consequences which must - ensue from a rejection of this demand." - -This letter to Mr. Webster bears date on the 12th of March, which -was Friday, and will be considered as having been delivered on the -same day. On the 15th of the same month, which was Monday, Mr. -Webster delivers to the Attorney-general of the United States, a -set of instructions, and delivers a copy of the same to Mr. Fox, -in which he yields to the demand of this Minister, and despatches -the Attorney-general to New York, to effect the discharge of the -prisoner. The instructions, among other things, say: - - "You are well aware that the President has no power to arrest - the proceeding in the civil and criminal courts of the State of - New York. If this indictment were pending in one of the courts - of the United States, I am directed to say that the President, - upon the receipt of Mr. Fox's last communication, would have - immediately directed a _nolle prosequi_ to be entered. Whether - in this case the Governor of New York have that power, or, if - he have, whether he would not feel it his duty to exercise it, - are points upon which we are not informed. It is understood - that McLeod is holden also on civil process, sued out against - him by the owner of the Caroline. We suppose it very clear that - the Executive of the State cannot interfere with such process; - and, indeed, if such process were pending in the courts of the - United States, the President could not arrest it. In such, and - many analogous cases, the party prosecuted and sued, must avail - himself of his exemption or defence, by judicial proceedings, - either in the court into which he is called, or in some other - court. But whether the process be criminal or civil, the fact - of having acted under public authority, and in obedience to the - orders of lawful superiors, must be regarded as a valid defence; - otherwise, individuals would be holden responsible for injuries - resulting from the acts of government, and even from the - operations of public war. You will be furnished with a copy of - this instruction, for the use of the Executive of New York, and - the Attorney-general of that State. You will carry with you also - authentic evidence of the recognition by the British government - of the destruction of the Caroline, as an act of public force, - done by national authority. The President is impressed with - the propriety of transferring the trial from the scene of the - principal excitement to some other and distant county. You will - take care that this be suggested to the prisoner's counsel. - The President is gratified to learn that the Governor of New - York has already directed that the trial take place before the - Chief Justice of the State. Having consulted with the Governor - you will proceed to Lockport, or wherever else the trial may be - holden, and furnish the prisoner's counsel with the evidence - of which you will be in possession material to his defence. - You will see that he have skilful and eminent counsel, if such - be not already retained, and, although you are not desired to - act as counsel yourself, you will cause it to be signified to - him, and to the gentlemen who may conduct his defence, that it - is the wish of this government that, in case his defence be - overruled by the court in which he shall be tried, proper steps - be taken immediately for removing the cause, by writ of error, - to the Supreme Court of the United States. The President hopes - that you will use such despatch as to make your arrival at the - place of trial sure before the trial comes on; and he trusts - you will keep him informed of whatever occurs by means of a - correspondence through this Department." - -A copy of these instructions, as I have said, was delivered to Mr. -Fox at the time they were written. At the same moment they were -delivered to the new Attorney-general [Mr. CRITTENDEN], who, thus -equipped with written directions for his guide, and accompanied by -an officer of high rank in the United States army [Major-general -SCOTT], immediately proceeded on the business of his mission to -the State of New York, and to the place of the impending trial, -at Lockport. About forty days thereafter, namely, on the 24th day -of April, Mr. Webster replies to Mr. Fox's letter of the 12th -of March; elaborately reviews the case of McLeod--justifies the -instructions--absolves the subject--and demands nothing from the -sovereign who had assumed his offence. Thus, what I had said on the -evening of the 4th of March had come to pass. Underhand springs -had been set in motion to release the man; a letter was afterwards -cooked up to justify the act. This, sir, is the narrative of the -case--the history of it down to the point at which it now stands; -and upon this case I propose to make some remarks, and, in the -first place, to examine into the legality and the propriety of the -mission in which our Attorney-general was employed. I mean this as -a preliminary inquiry, unconnected with the general question, and -solely relating to the sending of our Attorney-general into any -State to interfere in any business in its courts. I believe this -mission of Mr. Crittenden to New York was illegal and improper--a -violation of our own statutes, and will test it by referring to the -law under which the office of Attorney-general was created, and the -duties of the officer defined. That law was passed in 1789, and is -in these words: - - "And there shall also be appointed a meet person, learned in the - law, to act as Attorney-general of the United States, who shall - be sworn, or affirmed, to a faithful execution of his office; - whose duty it shall be to prosecute and conduct all suits in the - Supreme Court in which the United States shall be concerned, - and to give his advice and opinion upon questions of law, - when required by the President of the United States, or when - requested by any of the heads of the Departments, touching any - matters that may concern their departments; and shall receive - such compensation for his services as shall be by law provided." - -Here, said Mr. B., are the duties of the Attorney-general. He -is subject to no orders whatever from the Secretary of State. -That Secretary has nothing to do with him except to request his -legal advice on a matter which concerns his department. Advice -on a question of municipal law was doubtless what was intended; -but no advice of any kind seems to have been asked of the -Attorney-general. He seems to have been treated as the official -subordinate of the Secretary--as his clerk or messenger--and sent -off with "_instructions_" which he was to read and to execute. -This was certainly an illegal assumption of authority over the -Attorney-general, an assumption which the statute does not -recognize. In the next place, this officer is sent into a State -court to assist at the defence of a person on trial in that court -for a violation of the State laws, and is directed to employ eminent -and skilful counsel for him--to furnish him with evidence--to -suggest a change of venue--and to take a writ of error to the -Supreme Court of the United States, if the defence of the prisoner -be overruled by the State court. If brought to the Supreme Court -by this writ of error--a novel application of the writ, it must -be admitted--then the Attorney-general is to appear in this court -for the prisoner, not to prosecute him in the name of the United -States, but to dismiss the writ. Now, it is very clear that all -this is foreign to the duty of the Attorney-general--foreign -to his office--disrespectful and injurious to the State of New -York--incompatible with her judicial independence--and tending -to bring the general government and the State government into -collision. McLeod, a foreigner, is under prosecution in a State -court for the murder of its citizens; the importance of the case has -induced the Governor of the State, as he has officially informed -its legislature, to direct the Attorney-general of the State to -repair to the spot, and to prosecute the prisoner in person; and -here is the Attorney-general of the United States sent to the same -place to defend the same person against the Attorney-general of the -State. The admonition to Mr. Crittenden, that he was not desired -to act as counsel himself, was an admission that he ought not so -to act--that all he was doing was illegal and improper--and that -he should not carry the impropriety so far as to make it public -by making a speech. He was to oppose the State without publicly -appearing to do so; and, as for his duty in the Supreme Court of -the United States, he was to violate that outright, by acting for -the accused, instead of prosecuting for the United States! From all -this, I hold it to be clear, that our Attorney-general has been -illegally and improperly employed in this business; that all that -he has done, and all the expense that he has incurred, and the fee -he may have promised, are not only without law but against law; and -that the rights of the State of New York have not only been invaded -and infringed in this interference in a criminal trial, but that the -rights and interests of the owners of the Caroline, who have brought -a civil action against McLeod for damages for the destruction of -their property, have been also gratuitously assailed in that part of -the Secretary's instructions in which he declares that such civil -suit cannot be maintained. I consider the mission as illegal in -itself, and involving a triple illegality, _first_, as it concerns -the Attorney-general himself, who was sent to a place where he had -no right to go; _next_, as it concerns the State of New York, as -interfering with her administration of justice; and, _thirdly_, as -it concerns the owners of the Caroline, who have sued McLeod for -damages, and whose suit is declared to be unmaintainable. - -I now proceed, Mr. President, to the main inquiry in this case, the -correctness and propriety of the answer given by our Secretary of -State to Mr. Fox, and its compatibility with the honor, dignity, and -future welfare of this republic. - -I look upon the "_instructions_" which were given to Mr. Crittenden, -and a copy of which was sent to Mr. Fox, as being THE ANSWER to -that Minister; and I deem the letter entitled an answer, and dated -forty days afterwards, as being a mere afterpiece--an article for -home consumption--a speech for Buncombe, as we say of our addresses -to our constituents--a pleading intended for us, and not for the -English, and wholly designed to excuse and defend the real answer so -long before, and so promptly given. I will give some attention to -this, so called, letter, before I quit the case; but for the present -my business is with the "_instructions_," a copy of which being -delivered to Mr. Fox, was the answer to his demand; and as such was -transmitted to the British government, and quoted in the House of -Commons as being entirely satisfactory. This quotation took place -on the 6th day of May, several days before the, so called, letter -of the 24th of April could possibly have reached London. Lord John -Russell, in answer to a question from Mr. Hume, referred to these -instructions as being satisfactory, and silenced all further inquiry -about the affair, by showing that they had all they wanted. - -I hold these instructions to have been erroneous, in point of -national law, derogatory to us in point of national character, and -tending to the future degradation and injury of this republic. - -That the Secretary has mistaken the law of the case in consenting -to the release of McLeod is persuasively shown by referring to -the opinions of the two Houses of Congress in January last. Their -opinions were then unanimous in favor of Mr. Forsyth's answer; and -that answer was a peremptory refusal either to admit that McLeod -ought to be released, or to interfere in his behalf with the courts -of New York. The reasons urged by Mr. Fox in his letter to Mr. -Forsyth for making the demand, were precisely the same with those -subsequently given in the letter to Mr. Webster. The only difference -in the two demands was in the formality of the latter, being under -instructions from his government, and in the threat which it -contained. In other respects the two demands were the same; so that, -at the outset of this inquiry, we have the opinions of the Secretary -of State, the Attorney-general, and the body of their friends in the -two Houses of Congress to plead against themselves. Then we produce -against our Secretary the law of nations, as laid down by Vattel. He -says: - - "However, as it is impossible for the best regulated State, or - for the most vigilant and absolute sovereign to model at his - pleasure all the actions of his subjects, and to confine them on - every occasion to the most exact obedience, it would be unjust - to impute to the nation or the sovereign every fault committed - by the citizens. We ought not, then, to say, in general, that we - have received an injury from a nation, because we have received - it from one of its members. But if a nation or its chief - approves and ratifies the act of the individual, it then becomes - a public concern, and the injured party is then to consider the - nation as the real author of the injury, of which the citizen - was, perhaps, only the instrument. _If the offended State has - in her power the individual who has done the injury, she may, - without scruple, bring him to justice, and punish him._ If he - has escaped, and returned to his own country, she ought to apply - to his sovereign to have justice done in the case." - -This is the case before us. The malefactor is taken, and is in the -hands of justice. His imputed crime is murder, arson, and robbery. -His government, by assuming his crime, cannot absolve his guilt, -nor defeat our right to try and punish him according to law. The -assumption of his act only adds to the number of the culpable, and -gives us an additional offender to deal with them, if we choose. We -may proceed against one or both; but to give up the individual when -we have him, without redress from the nation, which justifies him, -is to throw away the advantage which chance or fortune has put into -our hands, and to make a virtual, if not actual surrender, of all -claim to redress whatsoever. - -The law of nations is clear, and the law of the patriot heart is -equally clear. The case needs no book, no more than the hanging of -Arbuthnot and Ambrister required the justification of books when -General Jackson was in the hommocks and marshes of Florida. A band -of foreign volunteers, without knowing what they were going to do, -but ready to follow their file leader to the devil, steal across a -boundary river in the night, attack unarmed people asleep upon the -soil, and under the flag of their country; give no quarter--make -no prisoners--distinguish not between young and old--innocent or -guilty--kill all--add fire to the sword--send the vessel and its -contents over the falls in flames--and run back under cover of -the same darkness which has concealed their approach. All this in -time of peace. And then to call this an act of war, for which the -perpetrators are not amenable, and for which redress must be had by -fighting, or negotiating with the nation to which they belong. This -is absurd. It is futile and ridiculous. Common sense condemns it. -The heart condemns it. Jackson's example in Florida condemns it; and -we should render ourselves contemptible if we took any such weak and -puerile course. - -Mr. Fox nowhere says this act was done by the sovereign's command. -He shows, in fact, that it was not so done; and we know that it -was not. It was the act of volunteers, unknown to the British -government until it was over, and unassumed by them for three -years after it occurred. The act occurred in December, 1837; our -minister, Mr. Stevenson, demanded redress for it in the spring -of 1838. The British government did not then assume it, nor did -they assume it at all until McLeod was caught. Then, for the -first time, they assume and justify, and evidently for the mere -purpose of extricating McLeod. The assumption is void. Governments -cannot assume the crimes of individuals. It is only as a military -enterprise that this offence can be assumed; and we know this affair -was no such enterprise, and is not even represented as such by -the British minister. He calls it a "_transaction_." Three times -in one paragraph he calls it a "_transaction_;" and whoever heard -of a fight, or a battle, being characterized as a transaction? We -apply the term to an affair of business, but never to a military -operation. How can we have a military operation without war? without -the knowledge of the sovereign? without the forms and preliminaries -which the laws of nations exact? This was no military enterprise -in form, or in substance. It was no attack upon a fort, or a ship -of war, or a body of troops. It was no attack of soldiers upon -soldiers, but of assassins upon the sleeping and the defenceless. -Our American defenders of this act go beyond the British in exalting -it into a military enterprise. They take different ground, and -higher ground, than the British, in setting up that defence; and -are just as wrong now as they were in the case of Arbuthnot and -Ambrister. - -Incorrect in point of national law, I hold these instructions to -have been derogatory to as in point of national character, and given -with most precipitate haste when they should not have been given at -all. They were given under a formal, deliberate, official threat -from the minister; and a thousand unofficial threats from high and -respectable sources. The minister says: - - "But, be that as it may, her Majesty's government _formally - demands_, upon the grounds already stated, the _immediate_ - release of Mr. McLeod; and her Majesty's government entreat the - President of the United States to take into his most _deliberate - consideration_ the serious nature of the consequences which - must ensue from a rejection of this demand." - -Nothing could be more precise and formal than this demand--nothing -more significant and palpable than this menace. It is such as should -have prevented any answer--such as should have suspended diplomatic -intercourse--until it was withdrawn. Instead of that, a most sudden -and precipitate answer is given; and one that grants all that the -British demanded, and more too; and that without asking any thing -from them. It is given with a haste which seems to preclude the -possibility of regular deliberation, cabinet council, and official -form. The letter of Mr. Fox bears date the 12th of March, which was -Friday, and may have been delivered in office hours of that day. The -instruction to Mr. Crittenden was delivered on the 15th of March, -which was Monday, and a copy delivered to Mr. Fox. This was the -answer to the demand and the threat; and thus the answer was given -in two days; for Sunday, as the lawyers call it, is _dies non_; that -is to say, no day for business; and it is hardly to be presumed that -an administration which seems to be returning to the church and -state times of Queen Anne, had the office of the Department of State -open, and the clerks at their desks on Sunday, instead of being in -their pews at church. The answer, then, was given in two days; and -this incontinent haste to comply with a threat contrasts wonderfully -with the delay--the forty days' delay--before the letter was written -which was intended for home consumption; and which, doubtless, was -considered as written in good time, if written in time to be shown -to Congress at this extra session. - -Sir, I hold it to have been derogatory to our national character -to have given any answer at all, much less the one that was given, -while a threat was hanging over our heads. What must be the -effect of yielding to demands under such circumstances? Certainly -degradation--national degradation--and an encouragement to Great -Britain to continue her aggressive course upon us. That nation -is pressing us in the Northeast and Northwest; she is searching -our ships on the coast of Africa; she gives liberty to our slaves -wrecked on her islands in their transit from one of our ports to -another; she nurtures in London the societies which produced -the San Domingo insurrection, and which are preparing a similar -insurrection for us; and she is the mistress of subjects who hold -immense debts against our States, and for the payment of which the -national guarantee, or the public lands, are wanted. She has many -points of aggressive contact upon us; and what is the effect of -this tame submission--this abject surrender of McLeod, without a -word of redress for the affair of the Caroline, and under a public -threat--what is the effect of this but to encourage her to press -us and threaten us on every other point? It must increase her -arrogance, and encourage her encroachments, and induce her to go -on until submission to further outrage becomes impossible, and war -results from the cowardice which courage would have prevented. On -this head the history of many nations is full of impressive lessons, -and none more so than that of Great Britain. It is a nation of -brave people; but they have sometimes had ministers who were not -brave, and whose timidity has ended in involving their country in -all the calamities of war, after subjecting it to all the disgrace -of pusillanimous submission to foreign insult. The administration -of Sir Robert Walpole; long, cowardly and corrupt--tyrannical at -home and cringing abroad--was a signal instance of this; and, as a -warning to ourselves, I will read a passage from English history to -show his conduct, and the consequences of it. I read from Smollett, -and from his account of the Spanish depredations, and insults upon -English subjects, which were continued the whole term of Walpole's -administration, and ended in bringing on the universal war which -raged throughout Europe, Asia, Africa, and America, and cost the -English people so much blood and treasure. The historian says: - - "The merchants of England loudly complained of these outrages; - the nation was fired with resentment, and cried for vengeance; - but the minister appeared cold, phlegmatic, and timorous. He - knew that a war would involve him in such difficulties as must - of necessity endanger his administration. The treasure which - he now employed for domestic purposes must in that case be - expended in military armaments; the wheels of that machine on - which he had raised his influence would no longer move; the - opposition would of consequence gain ground, and the imposition - of fresh taxes, necessary for the maintenance of the war, would - fill up the measure of popular resentment against his person - and ministry. Moved by these considerations, he industriously - endeavored to avoid a rupture, and to obtain some sort of - satisfaction by dint of memorials and negotiations, in which - he betrayed his own fears to such a degree as animated the - Spaniards to persist in their depredations, and encouraged the - court of Madrid to disregard the remonstrances of the British - ambassador." - -Such is the picture of Walpole's foreign policy; and how close is -the copy we are now presenting of it! Under the scourge of Spanish -outrage, he was cold, phlegmatic, and timorous; and such is the -conduct of our secretary under British outrage. He wanted the public -treasure for party purposes, and neglected the public defences: our -ministry want the public lands and the public money for _douceurs_ -to the States, and leave the Union without forts and ships. Walpole -sought some sort of satisfaction by dint of negotiation; our -minister does the same. The British minister at Madrid was paralyzed -by the timidity of the cabinet at home; so is ours paralyzed at -London by our submission to Mr. Fox here. The result of the whole -was, accumulated outrage, coalitions against England, universal war, -the disgrace of the minister, and the elevation of the man to the -highest place in his country, and to the highest pinnacle of glory, -whom Walpole had dismissed from the lowest place in the British -army--that of cornet of horse--for the political offence of voting -against him. The elder William Pitt--the dismissed cornet--conducted -with glory and success the war which the timidity of Walpole begat; -and, that the smallest circumstances might not be wanting to the -completeness of the parallel, our prime minister here has commenced -his career by issuing an order for treating our military and naval -officers as Pitt was treated by Walpole, and for the same identical -offence. - -Sir, I consider the instructions to Mr. Crittenden as most -unfortunate and deplorable. They have sunk the national character -in the eyes of England and of Europe. They have lost us the respect -which we gained by the late war and by the glorious administration -of Jackson. They bring us into contempt, and encourage the haughty -British to push us to extremities. We shall feel the effect of -this deplorable diplomacy in our impending controversies with that -people; and happy and fortunate it will be for us if, by correcting -our error, retracing our steps, recovering our manly attitude, -discarding our distribution schemes, and preparing for war, we shall -be able thereby to prevent war, and to preserve our rights. - -I have never believed our English difficulties free from danger. -I have not spoken upon the Northeastern question; but the senator -from that State who sits on my right (looking at senator WILLIAMS) -knows my opinion. He knows that I have long believed that nothing -could save the rights of Maine _but the war countenance of our -government_. Preparation for war might prevent war, and save the -rights of the State. This has been my opinion; and to that point -have all my labors tended. I have avoided speeches; I have opposed -all distributions of land and money; I have gone for ships, forts -and cannon--the _ultima ratio_ of Republics as well as kings. I go -for them now, and declare it as my opinion that the only way to -obtain our rights, and to avoid eventual war with England, is to -abandon all schemes of distribution, and to convert our public lands -and surplus revenue, when we have it, into cannon, ships and forts. - -Hard pressed on the instructions to Mr. Crittenden--prostrate and -defenceless there--the gentlemen on the other side take refuge under -the letter to Mr. Fox, and celebrate the harmony of its periods, -and the beauty of its composition. I grant its merit in these -particulars. I admit the beauty of the style, though attenuated -into gossamer thinness and lilliputian weakness. I agree that -the Secretary writes well. I admit his ability even to compose a -prettier letter in less than forty days. But what has all this to -do with the question of right and wrong--of honor and shame--of war -and peace--with a foreign government? In a contest of rhetoricians, -it would indeed be important; but in the contests of nations it -dwindles into insignificance. The statesman wants knowledge, -firmness, patriotism, and invincible adherence to the rights, honor, -and interests of his country. These are the characteristics of the -statesman; and tried by these tests, what becomes of this letter, so -encomiastically dwelt upon here? Its knowledge is shown by a mistake -of the law of nations--its firmness, by yielding to a threat--its -patriotism, by taking the part of foreigners--its adherence to the -honor, rights and interests of our own country, by surrendering -McLeod without receiving, or even demanding, one word of redress or -apology for the outrage upon the Caroline! - -The letter, besides its fatal concessions, is deficient in manly -tone--in American feeling--in nerve--in force--in resentment of -injurious imputations--and in enforcement of our just claims to -redress for blood spilt, territory invaded, and flag insulted. - -The whole spirit of the letter is feeble and deprecatory. It does -not repel, but begs off. It does not recriminate, but defends. It -does not resent insult--not even the audacious threat--which is -never once complained of, nor even alluded to. - -This letter is every way an unfortunate production. It does not -even show the expense and trouble we took to prevent our citizens -from crossing the line and joining the Canadian insurgents. It -does not show the expense we were at in raising a new regiment of -infantry expressly for that service (several voices said yes, yes, -it mentions that). Good, let it be credited accordingly. But it -does not mention the appropriation of $650,000 made at one time -for that object; it does not mention the numerous calls upon the -militia authorities and the civil authorities along the line to -assist in restraining our people; it does not mention the arrests of -persons, and seizures of arms, which we made; it does not mention -the prosecutions which we instituted; it does not show that for -two years we were at great expense and trouble to restrain our -people; and that this expense and trouble was brought upon us by -the excitement produced by the affair of the Caroline. The British -brought us an immense expense by that affair, for which they render -us no thanks, and the Secretary fails to remind them. The letter -does not repel, with the indignant energy which the declaration -required, that we had "_permitted_" our citizens to arm and join the -insurgents. It repels it, to be sure, but too feebly and gently, -and it omits altogether what should never be lost sight of in this -case, that the British have taken great vengeance on our people for -their rashness in joining this revolt. Great numbers of them were -killed in action; many were hanged; and many were transported to the -extremities of the world--to Van Diemen's Land, under the antarctic -circle--where they pine out a miserable existence, far, far, and for -ever removed from kindred, home and friends. - -The faults of the letter are fundamental and radical--no beauty of -composition, no tropes and figures, no flowers of rhetoric--can -balance or gloss over. The objections go to its spirit and -substance--to errors of fact and law--to its tameness and -timidity--and to its total omission to demand redress from the -British government for the outrages on the Caroline, which that -government has assumed. She has now assumed that outrage for the -first time--assumed it after three years of refusal to speak; and -in the assumption offers not one word of apology, or of consolation -to our wounded feelings. She claps her arms akimbo, and avows the -offence; and our Secretary, in his long and beautiful letter, finds -no place to insert a demand for the assumed outrage. He gives up the -culprit subject, and demands nothing from the imperious sovereign. -He lets go the servant, and does not lay hold of the master. This -is a grievous omission. It is tantamount to a surrender of all -claim for any redress of any kind. McLeod, the culprit, is given -up: he is given up without conditions. The British government -assume his offence--demand his release--offer us no satisfaction: -and we give him up, and ask no satisfaction. The letter demands -nothing--literally nothing: and in that respect again degrades us as -much as the surrender upon a threat had already degraded us. This is -a most material point, and I mean to make it clear. I mean to show -that the Secretary in giving up the alleged instrument, has demanded -nothing from the assuming superiors: and this I will do him the -justice to show by reading from his own letter. I have examined it -carefully, and can find but two places where the slightest approach -is made, not even to a demand for redress, but to the suggestion of -an intimation of a wish on our side ever to hear the name of the -Caroline mentioned again. These two places are on the concluding -pages of the letter, as printed by our order. If there are others, -let gentlemen point them out, and they shall be read. The two -paragraphs I discover, are these: - - "This government, therefore, not only holds itself above - reproach in every thing respecting the preservation of - neutrality, the observance of the principle of non-intervention, - and the strictest conformity, in these respects, to the rules of - international law, but it doubts not that the world will do it - the justice to acknowledge that it has set an example not unfit - to be followed by others, and that, by its steady legislation on - this most important subject, it has done something to promote - peace and good neighborhood among nations, and to advance the - civilization of mankind. - - "The President instructs the undersigned to say, in conclusion, - that he confidently trusts that this and all other questions of - difference between the two governments will be treated by both - in the full exercise of such a spirit of candor, justice, and - mutual respect, as shall give assurance of the long continuance - of peace between the two countries." - -This is all I can see that looks to the possible contingency of any -future allusion to the case of the Caroline. Certainly there could -not be a more effectual abandonment of our claim to redress. The -first paragraph goes no further than to "trust" that the grounds may -be presented which "justify"--a strange word in such a case--the -local authorities in attacking and destroying this vessel; and the -second buries it all up by deferring it to the general and peaceful -settlement of all other questions and differences between the two -countries. Certainly this is a farewell salutation to the whole -affair. It is the valedictory to the Caroline. It is the parting -word, and is evidently so understood by the British ministry. They -have taken no notice of this beautiful letter: they have returned -no answer to it; they have not even acknowledged its receipt. The -ministry, the parliament, and the press, all acknowledge themselves -satisfied--satisfied with the answer which was given to Mr. Fox, -on the 12th of March. They cease to speak of the affair; and the -miserable Caroline--plunging in flames over the frightful cataract, -the dead and the dying both on board--is treated as a gone-by -procession, which has lost its interest for ever. Mr. Webster has -given it up, by deferring it to general settlement; and in so giving -it up, has not only abandoned the rights and honor of his country, -but violated the laws of diplomatic intercourse. Outrages and -insults are never deferred to a general settlement. They are settled -_per se_--and promptly and preliminarily. All other negotiations -cease until the insult and outrage is settled. That is the course -of Great Britain herself in this case. She assumes the arrest of -McLeod to be an offence to the British crown, and dropping all -other questions of difference, demands instant reparation for that -offence. Mr. Webster should have done the same by the offence to -his country. It was prior in time, and should have been prior in -settlement--at all events the two offences should have been settled -together. Instead of that he hastens to make reparation to the -British--does it in person--and without waiting even to draw up a -letter in reply to Mr. Fox! and then, of his own head, defers our -complaint to a general settlement. This is unheard of, either in -national or individual insults. What would we think of a man, who -being insulted by an outrage to his family in his house, should say -to the perpetrators: "We have some outstanding accounts, and some -day or other we may have a general settlement; and then, I trust -you will settle this outrage." What would be said of an individual -in such a case, must be said of ourselves in this case. In vain do -gentlemen point to the paragraph in the letter, so powerfully drawn, -which paints the destruction of the Caroline, and the slaughter -of the innocent as well as the guilty, asleep on board of her. -That paragraph aggravates the demerit of the letter: for, after -so well showing the enormity of the wrong, and our just title to -redress, it abandons the case without the slightest atonement. But -that letter, with all its ample beauties, found no place to rebuke -the impressment and abduction of the person claimed as a British -subject, because he was a fugitive rebel. Whether so, or not, he -could not be seized upon American soil--could not even be given up -under the extradition clause in Mr. Jay's treaty, even if in force, -which only applied to personal and not to political offences. But -that letter, was for Buncombe: it was for home consumption: it was -to justify to the American people on the 24th of May, what had been -done on the 12th of March. It was superscribed to Mr. Fox, but -written for our own people: and so Mr. Fox understood it, and never -even acknowledged its receipt. - -But gentlemen point to a special phrase in the letter, and quote it -with triumph, as showing pluck and fight in our Secretary: it is the -phrase, "bloody and exasperated war"--and consider this phrase as -a cure for all deficiencies. Alas! it would seem to have been the -very thing which did the business for our Secretary. That blood, -with war, and exasperation, seems to have hastened his submission to -the British demand. But how was it with Mr. Fox? Did it hasten his -inclination to pacify us? Did he take it as a thing to quicken him? -or, did the British government feel it as an inducement, or stimulus -to hasten atonement for the injury they had assumed? Not at all! Far -from it! Mr. Fox did not take fright, and answer in two days! nor -has he answered yet! nor will he ever while such gentle epistles are -written to him. Its effect upon the British ministry is shown by -the manner in which they have treated it--the contempt of silence. -No, sir! instead of these gentle phrases, there ought to have been -two brief words spoken to Mr. Fox--first, your letter contains a -threat; and the American government does not negotiate under a -threat; _next_, your government has assumed the Caroline outrage to -the United States, and now atone for it: and as to McLeod, he is in -the hands of justice, and will be tried for his crimes, according -to the law of nations. This is the answer which ought to have been -given. But not so. Instant submission on our part, was the resolve -and the act. Forty days afterwards this fine letter was delivered. -Unfortunate as is this boasted letter in so many respects, it has a -further sin to answer for, and that is for its place, or order--its -collocation and connection--in the printed document which lies -before us; and also in its assumption to "enclose" the Crittenden -instructions to Mr. Fox--which had been personally delivered to -him forty days before. The letter is printed, in the document, -before the "instructions," though written forty days after them; -and purports to "enclose" what had been long before delivered. Sir, -the case of McLeod is not an isolation: it is not a solitary act: -it is not an atom lying by itself. But it is a feature in a large -picture--a link in a long chain. It connects itself with all the -aggressive conduct of Great Britain towards the United States--her -encroachments on the State of Maine--her occupation of our territory -on the Oregon--her insolence in searching our vessels on the coast -of Africa--the liberation of our slaves, wrecked on her islands, -when in transition from one part of the Union to another--her -hatching in London for the Southern States, what was hatched there -above forty years ago for San Domingo: and the ominous unofficial -intimation to our aforesaid Secretary, that the federal government -is bound for the European debts of the individual States. The -McLeod case mixes itself with the whole of these; and the success -which has attended British threats in his case, may bring us threats -in all the other cases; and blows to back them, if not settled to -British liking. Submission invites aggression. The British are -a great people--a wonderful people; and can perform as well as -threaten. Occupying some islands no larger than two of our States, -they have taken possession of the commanding points in the four -quarters of the globe, and dominate over an extent of land and -water, compared to which the greatest of empires--that of Alexander, -of Trajan, of the Caliphs--was a dot upon the map. War is to them -a distant occupation--an ex-territorial excursion--something like -piracy on a vast scale; in which their fleets go forth to capture -and destroy--to circumnavigate the globe; and to return loaded -with the spoil of plundered nations. Since the time of William -the Conqueror, no foreign hostile foot has trod their soil; and, -safe thus far from the ravages of war at home, they are the more -ready to engage in ravages abroad. To bully, to terrify, to strike, -to crush, to plunder--and then exact indemnities as the price of -forbearance--is their policy and their practice: and they look -upon us with our rich towns and extended coasts, as a fit subject -for these compendious tactics. We all deprecate a war with that -people--none deprecate it more than I do--not for its dangers, but -for its effects on the business pursuits of the two countries, and -its injury to liberal governments: but we shall never prevent war -by truckling to threats, and squandering in douceurs to the States -what ought to be consecrated to the defence of the country. The -result of our first war with this people, when only a fifth of our -present numbers, shows what we could do in a seven years' contest: -the result of the second shows that, at the end of two years, having -repulsed their fleets and armies at all points, we were just ready -to light upon Canada with an hundred thousand volunteers, fired by -the glories of New Orleans. And in any future war with that nation, -woe to the statesman that woos peace at the repulse of the foe. Of -all the nations of the earth, we are the people to land upon the -coasts of England and Ireland. We are their kin and kith; and the -visits of kindred have sympathies and affections, which statutes and -proclamations cannot control. - - - - -CHAPTER LXXVII. - -REFUSAL OF THE HOUSE TO ALLOW RECESS COMMITTEES. - - -Two propositions submitted at this session to allow committees -to sit in the recess, and collect information on industrial -subjects--commerce, manufactures, and agriculture--with a view -to beneficial legislation, had the effect of bringing out a very -full examination into the whole subject--under all its aspects, of -constitutionality and expediency. The whole debate was brought on -by the principal proposition, submitted by Mr. Winthrop, from the -Committee on Commerce, in these words: - - "_Resolved_, That a committee of nine members, not more than one - of whom shall be from any one State, be appointed by the Chair, - to sit during the recess, for the purpose of taking evidence at - the principal ports of entry and elsewhere, as to the operation - of the existing system and rates of duties on imports upon the - manufacturing, agricultural, and commercial interests of the - country, and of procuring, generally, such information as may be - useful to Congress in any revision of the revenue laws which may - be attempted at the next session." - -On this resolution there was but little said. The previous question -was soon called, and the resolution carried by a lean majority--106 -to 104. A reconsideration was instantly moved by Mr. McKeon of New -York, which, after some discussion, was adopted, 106 to 90. The -resolution was then laid on the table: from which it was never -raised. Afterwards a modification of it was submitted by Mr. Kennedy -of Maryland, from the committee on commerce, in these words: - - "_Resolved_, That a select committee of eleven members, not more - than one of which shall be from any one State, be appointed by - the Chair for the purpose of taking evidence at the principal - ports of entry and elsewhere as to the operation of the existing - system and rates of duties on imports upon the manufacturing, - commercial, and agricultural interests of the country; and - of procuring, generally, such information as may be useful - to Congress in any revision of the revenue laws which may be - attempted at the next session. - - "_Resolved, further_, That said committee be authorized to sit - during the recess, and to employ a clerk." - -A motion was made by Ingersoll which brought up the question of -recess committees on their own merits, stripped of the extraneous -considerations which a proposition for such a committee, for a -particular purpose, would always introduce. He moved to strike -out the words, "_to sit during the recess_." This was the proper -isolation of the contested point. In this form the objections -to such committees were alone considered, and found to be -insuperable. In the first place, no warrant could be found in the -constitution for this elongation of itself by the House by means -of its committees, and it was inconsistent with that adjournment -for which the constitution provides, and with those immunities to -members which are limited to the term of service, and the time -allowed for travelling to and from Congress. No warrant could be -found for them in the constitution, and practical reasons against -them presented themselves more forcibly and numerously as the -question was examined. The danger of degenerating into faction and -favoritism, was seen to be imminent. Committees might be appointed -to perambulate the Union--at the short sessions for nine months -in the year--spending their time idly, or engaged in political -objects--drawing the pay and mileage of members of Congress all -the time, with indefinite allowances for contingencies. If one -committee might be so appointed, then as many others as the House -chose: if by one House, then by both: if to perambulate the United -States, then all Europe--constituting a mode of making the tour of -Europe at the public expense. All Congress might be so employed: -but it was probable that only the dominant party, each in its turn, -would so favor its own partisans, and for its own purposes. The -practical evils of the measure augmented to the view as more and -more examined: and finally, the whole question was put to rest -by the decided sense of the House--only sixty-two members voting -against the motion to lay it on the table, not to be taken up again: -a convenient, and compendious way to get rid of a subject, as it -brings on the direct vote, without discussion, and without the -process of the previous question to cut off debate. - -Such was the decision of the House; and, what has happened in -the Senate, goes to confirm the wisdom of their decision. Recess -committees have been appointed from that body; and each case of -such appointment has become a standing argument against their -existence. The first instance was that of a senatorial committee, in -the palmy days of the United States Bank, consisting of the friends -of that bank, appointed on the motion of its own friends to examine -it--spending the whole recess in the work: and concluding with a -report lauding the management of the bank, and assailing those who -opposed it. Several other senatorial recess committees have since -been appointed; but under circumstances which condemn them as an -example; and with consequences which exemplify the varieties of -abuse to which they are subject; and of which, faction, favoritism, -personal objects, ungovernable expense, and little, or no utility, -constitute the heads. - - - - -CHAPTER LXXVIII. - -REDUCTION OF THE EXPENSE OF FOREIGN MISSIONS BY REDUCING THE NUMBER. - - -A question of permanent and increasing interest was opened at this -session, which has become more exigent with time, and deserves -to be pursued until its object shall be accomplished. It was the -question of reducing the expenses of foreign missions, by reducing -the number, and the expediency of returning to the Jeffersonian -policy of having no ministers resident, or permanent succession of -ministers abroad. The question was brought on by a motion from Mr. -Charles Jared Ingersoll to strike from the appropriation bill the -salaries of some missions mentioned in it; and this motion brought -on the question of, how far the House had a right to interfere in -these missions and control them by withholding compensation? and -how far it was expedient to diminish their number, and to return to -the Jeffersonian policy? Charges had been appointed to Sardinia and -Naples: Mr. Ingersoll thought them unnecessary; as also the mission -to Austria, and that the ministers to Spain ought to be reduced -to chargeships. Mr. Caleb Cushing considered the appointment of -these ministers as giving them "vested rights in their salaries," -and that the House was bound to vote. Mr. Ingersoll scouted this -idea of "vested rights." Mr. Adams said the office of minister was -created by the law of nations, and it belonged to the President and -Senate to fill it, and for the Congress to control it, if it judged -it necessary, as the British parliament has a right to control the -war which the king has a right to declare, namely, by withholding -the supplies: but it would require an extreme case to do so after -the appointment had been made. He did not think the House ought to -lay aside its power to control in a case obviously improper. And he -thought the introduction of an appropriation bill, like the present, -a fit occasion to inquire into the propriety of every mission; -and he thought it expedient to reduce the expenses of our foreign -missions, by reducing the number: and with this view he should offer -a resolution when it should be in order to do so. Mr. Gilmer, as one -of the Committee on Retrenchment, had paid some attention to the -subject of our foreign representation; and he believed, with Mr. -Adams, that both the grade and the destination of our foreign agents -would admit of a beneficial reduction. Mr. Ingersoll rejoined on the -different branches of the question, and in favor of Mr. Jefferson's -policy, and for following up the inquiry proposed by Mr. Adams; and -said: - - "If the stand he had now taken should eventually lead to the - retrenchment alluded to in the resolution of the venerable - gentleman from Massachusetts, he should be content. He still - thought the House might properly exercise its withholding - power, not, indeed, so as to stop the wheels of government, - but merely to curtail an unnecessary expenditure; and he hoped - there would be enough of constitutional feeling, of the _esprit - du corps_, to lead them to insist upon their right. He scouted - the idea of the President's appointment creating a vested - interest in the appointee to his salary as minister. Such a - doctrine would be monstrous. The House might be bound by high - considerations of policy and propriety, but never by the force - of a contract, to appropriate for an appointed minister. This - was carrying the principle totally _extra moenia mundi_. Mr. - I. disclaimed opposing these measures on the mere ground of - dollars and cents; he alluded to the multiplication of missions - to and from this country as introducing examples of lavish - expenditure and luxurious living among our own citizens. As - to the distinction between temporary and permanent missions, - the gentleman from Massachusetts [Mr. CUSHING] perfectly well - knew that originally all public missions were temporary; such - a thing as a permanent foreign mission was unheard of. This was - an invention of modern times; and it had been Mr. Jefferson's - opinion that such missions ought not to exist. It was high time - that public attention was called to the subject; and he hoped - that at the next session Mr. Adams would bring forward and press - his resolution of inquiry as to the expediency of reducing the - whole system of foreign intercourse." - -Mr. Adams afterwards introduced his proposed resolution, which -was adopted by the House, and sent to the Committee on Foreign -Relations; but which has not yet produced the required reform. This -was his resolve: - - "_Resolved_, That the Committee on Foreign Affairs be instructed - to inquire into the expediency of reducing the expenditures in - the diplomatic department of the government, by diminishing the - number of ministers and other diplomatic agents abroad, and - report thereon to the House." - -It would be a public benefaction, and a great honor to the member -who should do it, for some ardent man to take charge of this -subject--revive Mr. Adams' resolution, and pursue the inquiry -through all the branches which belong to it: and they are many. -First: The full mission of minister plenipotentiary and envoy -extraordinary, formerly created only on extraordinary occasions, -and with a few great courts, and intrusted to eminent men, are now -lavished in profusion; and at secondary courts; and filled with -men but little adapted to grace them; and without waiting for an -occasion, but rapidly, to accommodate political partisans; and -as a mere party policy, recalling a political opponent to make -room for an adherent: and so keeping up a perpetual succession, -and converting the envoys extraordinary into virtual ministers -resident. In the second place, there are no plenipotentiaries -now--no ministers with full powers--or in fact with any powers at -all, except to copy what is sent to them, and sign what they are -told. The Secretaries of State now do the business themselves, -either actually making the treaty at home while the minister is idle -abroad, or virtually by writing instructions for home effect, often -published before they are delivered, and containing every word the -minister is to say--with orders to apply for fresh instructions -at every new turn the business takes. And communications have -now become so rapid and facile that the entire negotiation may -be conducted at home--the important minister plenipotentiary and -envoy extraordinary being reduced to the functions of a messenger. -In the third place, all the missions have become resident, -contrary to the policy and interest of our country, which wants no -entangling alliances or connections abroad; and to the damage of our -treasury, which is heavily taxed to keep up a numerous diplomatic -establishment in Europe, not merely useless, but pernicious. In -the fourth place, our foreign intercourse has become inordinately -expensive, costing above three hundred thousand dollars a year; -and for ministers who do not compare with the John Marshalls of -Virginia, the John Quincy Adamses, the Pinckneys of South Carolina, -the Pinkney of Maryland, the Rufus Kings, Albert Gallatins, James -Monroes, the Livingstons, and all that class, the pride of their -country, and the admiration of Europe; and which did not cost us -one hundred thousand dollars a year, and had something to do, -and did it--and represented a nation abroad, and not a party. -Prominently among the great subjects demanding reform, is now the -diplomatic intercourse of the United States. Reduction of number, -no mission without an object to accomplish, no perpetual succession -of ministers, no ministers resident, no exclusion of one party by -the other from this national representation abroad, no rank higher -than a charge except when a special service is to be performed and -then nationally composed: and the expenses inexorably brought back -within one hundred thousand dollars a year. Such are the reforms -which our diplomatic foreign intercourse has long required--which -so loudly called for the hand of correction fifteen years ago, when -Mr. Adams submitted his resolution; and all the evils of which -have nearly doubled since. It is a case in which the House of -Representatives, the immediate representatives of the people, and -the sole constitutional originator of taxes upon them, should act -as a check upon the President and Senate; and do it as the British -House of Commons checks the king, the lords and the ministry--by -withholding the supplies. - - - - -CHAPTER LXXIX. - -INFRINGEMENT OF THE TARIFF COMPROMISE ACT OF 1833: CORRECTION OF -ABUSES IN DRAWBACKS - - -The history, both ostensible and secret, of this act has been -given, and its brief existence foretold, although intended for -perpetuity, and the fate of the Union, in numerous State legislative -resolves, and in inumerable speeches, declared to depend upon -its inviolability. It was assumed to have saved the Union: the -corollary of that assumption was, that its breach would dissolve -the Union. Equally vain and idle were both the assumption and the -inference! and equally erroneous was the general voice, which -attributed the act to Mr. Clay and Mr. Calhoun. They appeared -to the outside observer as the authors of the act: the inside -witness saw in Mr. John M. Clayton, of Delaware, and Mr. Robert P. -Letcher, of Kentucky, its real architects--the former in commencing -the measure and controlling its provisions; the latter as having -brought Mr. Calhoun to its acceptance by the communication to him of -President Jackson's intentions; and by his exertions in the House -of Representatives. It was composed of two parts--one part to last -nine years, for the benefit of the manufacturers: the other part -to last for ever, for the benefit of the planting and consuming -interest. Neither part lived out its allotted time; or, rather, the -first part died prematurely, and the second never began to live. -It was a _felo de se_ from the beginning, and bound to perish of -the diseases in it. To Mr. Clay and Mr. Calhoun, it was a political -necessity--one to get rid of a stumbling-block (which protective -tariff had become); the other to escape a personal peril which his -nullifying ordinance had brought upon him: and with both, it was a -piece of policy, to enable them to combine against Mr. Van Buren, -by postponing their own contention: and a device on the part of -Mr. Clayton and Mr. Clay to preserve the protective system, doomed -to a correction of its abuses at the ensuing session of Congress. -The presidential election was over, and General Jackson elected -to his second term, pledged to a revenue tariff and incidental -protection: a majority of both Houses of Congress were under the -same pledge: the public debt was rapidly verging to extinction: -and both the circumstances of the Treasury, and the temper of the -government were in harmony with the wishes of the people for a -"judicious tariff;" limited to the levy of the revenue required -for the economical administration of a plain government, and -so levied as to extend encouragement to the home production of -articles necessary to our independence and comfort. All this was -ready to be done, and the country quieted for ever on the subject -of the tariff, when the question was taken out of the hands of the -government by a coalition between Mr. Clay and Mr. Calhoun, and -a bill concocted, as vicious in principle, as it was selfish and -unparliamentary in its conception and execution. The plan was to -give the manufacturers their undue protection for nine years, by -making annual reductions, so light and trifling during the time, -that they would not be felt; and after the nine years, to give the -anti-tariff party their millennium, in jumping down, at two leaps, -in the two last years, to a uniform _ad valorem_ duty of twenty -per centum on all dutied articles. All practical men saw at the -time how this concoction would work--that it would produce more -revenue than the government wanted the first seven years, and leave -it deficient afterwards--that the result would be a revulsion of -all interests against a system which left the government without -revenue--and that, in this revulsion there must be a re-modelling, -and an increase in the tariff: all ending in a complete deception -to the anti-tariff party, who would see the protective part of the -compromise fully enjoyed by the manufacturing interest, and the -relief part for themselves wholly lost. All this was seen at the -time: but a cry was got up, by folly and knavery, of danger to -the Union: this bill was proclaimed as the only means of saving -it: ignorance, credulity, timidity and temporizing temperaments -united to believe it. And so the bill was accepted as a God-send: -the coming of which had saved the Union--the loss of which would -destroy it: and the two ostensible architects of the measure (each -having worked in his own interest, and one greatly over-reaching -the other), were saluted as pacificators, who had sacrificed their -ambition upon the altar of patriotism for the good of their country. - -The time had come for testing these opinions. We were in the eighth -year of the compromise, the first part had nearly run its course: -within one year the second part was to begin. The Secretary of the -Treasury had declared the necessity of loans and taxes to carry on -the government: a loan bill for twelve millions had been passed: a -tariff bill to raise fourteen millions more was depending; and the -chairman of the Committee of Ways and Means, Mr. Millard Fillmore, -thus defended its necessity: - - "He took a view of the effects of the compromise act, in the - course of which he said that by that act one tenth of the - customs over twenty-five per cent. ad valorem was to come off - on the 1st January, 1834; and on the 1st January, 1836, another - tenth was to be deducted; on the 1st January, 1838, another - tenth; and on the 1st January, 1840, another tenth; and on the - 1st January, 1842, three tenths more; and on the 1st July, 1842, - the remaining three tenths were to be deducted, so that, on - that day, what was usually termed the compromise act, was to go - fully into effect, and reduce the revenue to 20 per cent. ad - valorem on all articles imported into the country. It appeared - from a report submitted to this House (he meant the financial - report of the Secretary of the Treasury, document No. 2, page - 20), showing the amount of imports for the seven years from 1834 - to 1840 inclusive, that there were imported into this country - one hundred and forty-one million four hundred and seventy-six - thousand seven hundred and sixty-nine dollars' worth of goods, - of which seventy-one million seven hundred and twenty-eight - thousand three hundred and twelve dollars were free of duty, - and sixty-nine million seven hundred and forty-eight thousand - four hundred and fifty-seven dollars paid duty. Then, having - these amounts, and knowing that, by the compromise act, articles - paying duty over 20 per cent., and many of them paid more, were - to be reduced down to that standard, and all were to pay only - 20 per cent., what would be the amount of revenue from that - source? Why, its gross amount would only be thirteen million - nine hundred and fifty thousand dollars in round numbers--that - is, taking the average of goods imported in the last seven - years, the whole gross amount of duty that would pass into the - Treasury, did all the imported articles pay the highest rate of - duty, would only be thirteen million nine hundred and fifty-four - thousand dollars--say fourteen millions of dollars in round - numbers." - -Thus the compromise act, under its second stage, was only to produce -about fourteen millions of dollars--little more than half what the -exigencies of the government required. Mr. Fillmore passed in review -the different modes by which money could be raised. _First_, by -loans: and rejected that mode as only to be used temporarily, and -until taxes of some kind could be levied. Next, by direct taxation: -and rejected that mode as being contrary to the habits and feelings -of the people. Thirdly, by duties: and preferred that mode as being -the one preferred by the country, and by which the payment of the -tax became, in a large degree, voluntary--according to the taste -of the payer in purchasing foreign goods. He, therefore, with -the Secretary of the Treasury, preferred that mode, although it -involved an abrogation of the compromise. His bill proposed twenty -per centum additional to the existing duty on certain specified -articles--sufficient to make up the amount wanted. This encroachment -on a measure so much vaunted when passed, and which had been kept -inviolate while operating in favor of one of the parties to it, -naturally excited complaint and opposition from the other; and Mr. -Gilmer, of Virginia, said: - - "In referring to the compromise act, the true characteristics - of that act which recommended it strongly to him, were that it - contemplated that duties were to be levied for revenue only, and - in the next place to the amount only necessary to the supply - of the economical wants of the government. He begged leave to - call the attention of the committee to the principle recognized - in the language of the compromise--a principle which ought to - be recognized in all time to come by every department of the - government. It is, said he, that duties to be raised for revenue - are to be raised to such an amount only as is necessary for an - economical administration of the government. Some incidental - protection must necessarily be given, and he, for one, coming - from an anti-tariff portion of the country, would not object - to it. But said he, we were told yesterday by the gentleman - from Massachusetts [Mr. ADAMS], that he did not consider the - compromise binding, because it was a compact between the South - and the West, in which New England was not a party, and it was - crammed down her throat by the previous question, he voting - against it. The gentleman from Pennsylvania said to-day almost - the same thing, for he considered it merely a point of honor - which he was willing to concede to the South, and that object - gained, there was no longer reason for adhering to it. - - "Did the gentleman contend that no law was binding on New - England, and on him, unless it is sanctioned by him and the - New England delegation? Sir, said Mr. G., I believe that it is - binding, whether sanctioned by New England or not. The gentleman - said that he would give the public lands to the States, and the - compromise act to the dogs. Sir, if the lands are to be given - to the States, if upwards of three millions are to be deducted - from that source of revenue, and we are then to be told that - this furnishes a pretext, first for borrowing, and then for - taxing the people, we may well feel cause for insisting on the - obligations of the compromise. Sir, said Mr. G., gentlemen know - very well that there is some virtue in the compromise act, and - that though it may be repudiated by a few of the representatives - of the people, yet the people themselves will adhere to it as - the means of averting the greatest of evils. But he had seen - enough to show him that the power of giving might be construed - as the power of taking, and he should not be surprised to see a - proposition to assume the debts of the States--for the more that - you give, the more that is wanted. - - "After some further remarks, Mr. G. said that he was opposed to - the hurrying of this important measure through at the present - session. Let us wait until sufficient information is obtained - to enable us to act judiciously. Let us wait to inquire whether - there is any necessity for raising an increased revenue of - eight millions of dollars from articles, all of which, under - the compromise act, are either free of duty or liable to a - duty of less than 20 per cent. Let us not be told that on - account of the appropriations for a home squadron, and for - fortifications amounting to about three millions of dollars, - that it is necessary to raise this large sum. We have already - borrowed twelve millions of dollars, and during the remainder - of the year, Mr. Ewing tells us that the customs will yield - five millions, which together, will make seventeen millions - of dollars of available means in the Treasury. Then there was - a large sum in the hands of the disbursing officers of the - government, and he ventured to assert that there would be more - than twenty millions at the disposal of the Treasury before - the expiration of the next session of Congress. Are we to be - told, said Mr. G., that we are to increase the tariff in order - to give to the States this fourth instalment under the deposit - act? No sir; let us arrest this course of extravagance at the - outset; let us arrest that bill which is now hanging in the - other House [the distribution bill], and which I trust will ever - hang there. Let us arrest that bill and the proceeds from that - source will, in the coming four years, pay this twelve million - loan. But these measures are all a part of the same system. - Distribution is used as a pretext for a loan, and a loan is used - as a pretext for high duties. This was an extraordinary session - of Congress, and inasmuch as there would be within a few months - a regular session--inasmuch as the Committee on Commerce had - reported a resolution contemplating the organization of a select - committee, with a view to the collection of information to aid - in the revision of the tariff for revenue--and inasmuch as the - compromise goes fully into operation in July next--he thought - that wisdom, as well as justice, demanded that they should not - hurry through so important a measure, when it was not absolutely - essential to the wants of the government. - - "After some further remarks, Mr. G. said that it was time that - he and his whig friends should understand one another. He wanted - now to understand what were the cardinal principles of the whig - party, of which he was an humble member. He had for six or seven - years been a member of that party, and thought he understood - their principles, but he much feared that he had been acting - under some delusion; and now that they were all here together, - he wished to come to a perfect understanding." - -The perfect understanding of each other which Mr. Gilmer wished to -have with his whig friends, was a sort of an appeal to Mr. Clay to -stand by the act of 1833. He represented that party on one side of -the compromise, and Mr. Calhoun the other: and now, when it was -about to be abrogated, he naturally called on the guaranty of the -other side to come to the rescue. Mr. Charles Jared Ingersoll, -pleasantly and sarcastically apostrophized the two eminent chiefs, -who represented two opposite parties, and gloriously saved the Union -(without the participation of the government), at the making of that -compromise: and treated it as glory that had passed by: - - "I listened with edification to the account of the venerable - member from Massachusetts [Mr. ADAMS], of the method of enacting - the compromise act--what may be called the perpetration of that - memorable measure. Certainly it put an end to fearful strife. - Perhaps it saved this glorious Union. I wish to be understood - as speaking respectfully of both the distinguished persons who - are said to have accomplished it. After all, however, it was - rather their individual achievement than an act of Congress. - The two chiefs, the towering peaks, of overhanging prohibitory - protection and forcible nullification, nodded their summits - together, and the work was done, without the active agency of - either the executive or legislative branches of government. - Its influences on public tranquillity were benignant. But how - to be regarded as economical or constitutional lessons, is a - different question, which, at this session, I am hardly prepared - to unravel. Undiscriminating impost, twenty per cent. flush - throughout, on all articles alike, will not answer the purposes - of the Union, or of my State. It is not supposed by their - advocates that it will. The present bill is to be transient; we - are to have more particular, more thorough and permanent laws - hereafter. Without giving in my adhesion to the compromise act, - or announcing opposition to it, I hope to see such government - as will ensure steady employment, at good wages, by which I mean - high wages, paid in hard money; no others can be good, high, - or adequate, or money at all; for every branch of industry, - agricultural, commercial, manufacturing, and navigation, that - palmy state of a country, to which this of all others is - entitled, _pulcherrimo populi fasligio_." - -Mr. Pickens, of South Carolina, the intimate friend of Mr. Calhoun, -also raised his voice against the abrogation of the act which had -been kept in good faith by the free-trade party, and the consuming -classes while so injurious to them, and was now to be impaired the -moment it was to become beneficial: - - "All the gentlemen who had spoken denied the binding force of - the compromise act. Was this the doctrine of the party in power? - Mr. P. had wished to hear from Kentucky, that he might discover - whether this had been determined in conclave. The struggle would - be severe to bring back the system of 1824, '28, and '32. The - fact could no longer be disguised; and gentlemen might prepare - themselves for the conflict. He saw plainly that this bill was - to be passed by, and that all the great questions of the tariff - policy would be again thrown open as though the compromise - act had no existence. Was this fair? In 1835-6, when the last - administration had taken possession of power, it was determined - that the revenue must be reduced; but Mr. P. had at that time - insisted that, though there was a surplus, the compromise act - was not lightly to be touched, and that it would therefore be - better to forbear and let that act run its course. Gentlemen on - the other side had then come up and congratulated him on his - speech; for they had already received the benefit of that act - for four years. Then his doctrine was all right and proper; but - now, when the South came to enjoy its share of the benefit, they - took the other side, and the compromise was as nothing. One - gentleman had said that twenty-eight millions would be needed to - carry on the government; another, that twenty-seven; another, - that twenty-five; and in this last opinion, the gentleman from - Pennsylvania [Mr. INGERSOLL] agreed. And, as this sum could not - be raised without duties over 20 per cent. the compromise must - be set aside. Until lately Mr. P. had not been prepared for - this; he had expected that at least the general spirit of that - act would be carried out in the legislation of Congress; but he - now saw that the whole tariff question must be met in all its - length and breadth." - -Very justly did Mr. Pickens say that the bill had been kept -inviolate while operating injuriously to the consumers--that no -alteration would be allowed in it. That was the course of the -Congress to such a degree that a palpable error in relation to -drawbacks was not allowed to be rectified, though plundering the -Treasury of some hundreds of thousands of dollars per annum. But the -new bill was to be passed: it was a necessity: for, in the language -of Mr. Adams, the compromise act had beggared the Treasury, and -would continue to beggar it--producing only half enough for the -support of the government: and the misfortune of the free trade -party was, that they did not foresee that consequence at the time, -as others did; or seeing it, were obliged to submit to what the -high tariff party chose to impose upon them, to release eminent -men of South Carolina from the perilous condition in which the -nullification ordinance had placed them. It passed the House by a -vote of 116 to 101--the vote against it being stronger than the -resistance in debate indicated. - -The expenses of collecting the duties under the universal _ad -valorem_ system, in which every thing had to be valued, was -enormous, and required an army of revenue officers--many of them -mere hack politicians, little acquainted with their business, less -attentive to it, giving the most variant and discordant valuations -to the same article at different places, and even in the same place -at different times; and often corruptly; and more occupied with -politics than with custom-house duties. This was one of the evils -foreseen when specific duties were abolished to make way for _ad -valorems_ and home valuations, and will continue until specific -duties are restored as formerly, or "_angels_" procured to make the -valuations. Mr. Charles Jared Ingersoll exposed this abuse in the -debate upon this bill, showing that it cost nearly two millions of -dollars to collect thirteen; and that two thousand officers were -employed about it, who also employed themselves in the elections. He -said: - - "Even the direct tax and internal duties levied during the late - war cost but little more than five per cent. for collection; - whereas, now, upon an income decreasing under the compromise act - in geometrical ratio, the cost of collecting it increases in - that ratio; amounting, according to the answer I got from the - chairman of the Committee of Ways and Means, to at least twelve - per cent.; near two millions of dollars, says the gentleman - from Massachusetts [Mr. SALTONSTALL]--one million seven hundred - thousand dollars. To manage the customs, government is obliged - to employ not less than two thousand officers, heavily paid, - and said to be the most active partisans; those who, in this - metropolis, are extremely annoying by their importunate contests - for office, and elsewhere still more offensive by misconduct, - sometimes of a gross kind, as in the instance of one, whom I - need not name, in my district. The venerable gentleman from - Vermont [Mr. EVERETT] suggested yesterday a tax on auctions as - useful to American manufactures. On that, I give no opinion. - But this I say, that a stamp tax on bank notes, and a duty on - auctions, would not require fifty men to collect them. It is not - for us of the minority to determine whether they should be laid. - Yet I make bold to suggest to the friends of the great leader, - who, next to the President, has the power of legislation at - present, that one of three alternatives is inevitable." - -The bill went to the Senate where it found its two authors--such to -the public; but in relative positions very different from what they -were when it was passed--then united, now divided--then concurrent, -now antagonistic: and the antagonism, general upon all measures, -was to be special on this one. Their connection with the subject -made it their function to lead off in its consideration; and their -antagonist positions promised sharp encounters--which did not fail -to come. From the first word temper was manifest; and especially on -the part of Mr. Clay. He proposed to go on with the bill when it -was called: Mr. Calhoun wished it put off till Monday. (It was then -Friday.) Mr. Clay persevered in his call to go on with the bill, -as the way to give general satisfaction. Then ensued a brief and -peremptory scene, thus appearing in the Register of Debates: - - "Mr. CALHOUN thought the subject had better lie over. Senators - had not an opportunity of examining the amendments; indeed, few - had even the bill before them, not expecting it to come up. He - agreed with the senator from Kentucky that it was important to - give satisfaction, but the best way was to do what was right - and proper; and he always found that, in the end, it satisfied - more persons than they would by looking about and around to see - what particular interest could be conciliated. Whatever touched - the revenue touched the pockets of the people, and should be - looked to with great caution. Nothing, in his opinion, was so - preposterous as to expect, by a high duty on these articles, to - increase the revenue. If the duty was placed at 20 per cent. - it would be impossible to prevent smuggling. The articles in - question would not bear any such duty; indeed, if they were - reduced to 5 per cent. more revenue would be realized. He - really hoped the senator would let the matter lie over until - to-morrow or Monday." - - "Mr. CLAY said he always found, when there was a journey to - be performed, that it was as well to make the start; if they - only got five or six miles on the way, it was so much gained at - least." - - "Mr. CALHOUN. We ought to have had some notice." - - "Mr. CLAY. I give you notice now. Start! start! The amendment - was very simple, and easily understood. It was neither more - nor less than to exempt the articles named from the list of - exceptions in the bill, by which they would be subjected to a - duty of 20 per cent. Those who agreed to it could say 'aye,' and - those who did not 'no;' and that was all he should say on the - subject." - -The bill went on. Mr. Calhoun said: - - "He was now to be called on to vote for this bill, proposing, as - it did, a great increase of taxes on the community, because it - was an exigency measure. He should give his votes as if for the - permanent settlement of the tariff. The exigency was produced - by the gentlemen on the opposite side, and they should be held - responsible for it. This necessity had been produced by the - present administration--it was of their making, and he should - vote for this as if he were settling the taxes, and as if the - gentlemen had done their duty, and had not by extravagance and - distribution created a deficiency in the Treasury, for which - they were responsible. They yesterday passed a bill emptying the - Treasury, by giving away the proceeds of the public lands, and - to-day we have a bill to supply the deficiency by a resort to a - tax which in itself was a violation of the compromise act. The - compromise act provides that no duty shall be laid except for - the economical support of the government; and he regarded the - giving away of the public lands a violation of that act, whether - the duty was raised to 20 per cent. or not, because they had - not attempted to bring down the expenses of the government to - an economical standard. He should proceed with this bill as if - he were fixing the tariff; he thought an average of twelve and - a half per cent. on our imports would raise an ample revenue - for the support of the government, and in his votes on the - several classes of articles he should bear this average in mind, - imposing higher duties on some, and lower duties on others, as - he thought the several cases called for." - -"Mr. Benton said the bill came in the right place; and at the right -moment: it came to fill up the gap which we had just made in the -revenue by voting away the land-money. He should not help to fill -that gap. Those who made it may fill it. He knew the government -needed money, and must have it, and he did not intend to vote -factiously, to stop its wheels, but considerately to compel it -to do right. Stop the land-money distribution, and he would vote -to supply its place by increased duties on imports; but while -that branch of the revenue was lavished on the States in order -to purchase popularity for those who squandered it, he would not -become accessory to their offence by giving them other money to -enable them to do so. The present occasion, he said, was one of high -illustration of the vicious and debauching distribution schemes. -When those schemes were first broached in this chamber ten years -before, it was solely to get rid of a surplus--solely to get rid of -money lying idle in the Treasury--merely to return to the people -money which they had put into the Treasury and for which there was -no public use. Such was the argument for these distributions for the -first years they were attempted. Then the distributors advanced a -step further, and proposed to divide the land money for a series of -years, without knowing whether there would be any surplus or not. -Now they have taken the final stride, and propose to borrow money, -and divide it: propose to raise money by taxes, and divide it: for -that is what the distribution of the land money comes to. It is not -a separate fund: it is part of the public revenue: it is in the -Treasury: and is as much custom-house revenue, for the customs have -to be resorted to to supply its place. It is as much public money -as that which is obtained upon loan: for the borrowed money goes to -supply its loss. The distribution law is a fraud and a cheat on its -face: its object is to debauch the people, and to do it with their -own money; and I will neither vote for the act; nor for any tax to -supply its place." - -It was moved by Mr. Woodbury to include sumach among the dutiable -articles, on the ground that it was an article of home growth, and -the cultivation of it for domestic manufacturing purposes ought to -be encouraged. Mr. Clay opposed this motion, and fell into a perfect -free-trade argument to justify his opposition, and to show that -sumach ought to come in free. This gave Mr. Calhoun an opportunity, -which was not neglected, to compliment him on his conversion to -the right faith; and this compliment led to some interesting -remarks on both sides, in which each greeted the other in a very -different spirit from what they had done when they were framing that -compromise which one of them was now breaking. Thus: - - "Mr. CLAY said it was very true that sumach was an article of - home growth; but he understood it was abundant where it was not - wanted; and where those manufactures exist which would require - it, there was none to be found. Under these circumstances, it - had not as yet been cultivated for manufacturing purposes, and - probably would not be, as long as agricultural labor could be - more profitably employed. Imported sumach came from countries - where labor was much cheaper than in this country, and he - thought it was for the interest of our manufacturers to obtain - it upon the cheapest terms they can. Our agricultural labor - would be much employed in other channels of industry." - - "Mr. CALHOUN was very glad to hear the senator from Kentucky at - last coming round in support of this sound doctrine. It was just - what he (Mr. Calhoun) had long expected that Mr. Clay would be - forced to conform to, that those articles ought to be imported, - which can be obtained from abroad on cheaper terms than they can - be produced at home." - - "Mr. CLAY thought the senator from South Carolina was not - entitled to his interpretation of what he (Mr. Clay) had - said. The senator converts a few words expressed in favor - of continuing the free importation of sumach, under present - circumstances, into a general approbation of free trade--a thing - wholly out of view in his (Mr. Clay's) mind at the time he made - his remarks. It was certainly owing to the peculiar habit of - mind in which the senator from South Carolina was so fond of - indulging, that he was thus always trying to reduce every thing - to his system of abstractions." - -These "abstractions," and this "peculiar habit," were a standing -resort with Mr. Clay when a little pressed by Mr. Calhoun. They -were mere flouts, but authorizing retaliation; and, on the present -occasion, when the question was to break up that compromise which -(in his part of it, the universal 20 per cent. ad valorems) -was the refined essence of Mr. Calhoun's financial system, and -which was to be perpetual, and for which he had already paid the -consideration in the nine years' further endurance of the protective -system: when this was the work in hand, and it aggravated by the -imperative manner in which it was brought on--refusal to wait till -Monday, and that most extemporaneous notice, accompanied by the -command, "start! start!"--all this was a good justification to Mr. -Calhoun in the biting spirit which he gave to his replies--getting -sharper as he went on, until Mr. Clay pleasantly took refuge under -sumach--popularly called shoe-make in the South and West. - - "Mr. Calhoun observed that the senator from Kentucky had - evidently very strong prejudices against what he calls - abstractions. This would be easily understood when we take into - consideration what the senator and his friends characterized - as abstractions. What he and they called abstractions, was the - principle of scrutiny and opposition so powerfully evinced by - this side of the Senate, against the low estimates, ruinous - projects, and extravagant expenditures which constitute the - leading measures of the present administration. As regards the - principles of free trade, if these were abstractions, he was - happy to know that he was in company with some of the ablest - statesmen of Great Britain. He referred to the report recently - made in Parliament on this subject--a document of eminent - ability." - - "Mr. Clay observed that the senator from South Carolina - based his abstractions on the theories of books--on English - authorities, and on the arguments urged in favor of free trade - by a certain party in the British Parliament. Now, he (Mr. - Clay), and his friends would not admit of these authorities - being entitled to as much weight as the universal practice of - nations, which in all parts of the world was found to be in - favor of protecting home manufactures to an extent sufficient - to keep them in a flourishing condition. This was the whole - difference. The senator was in favor of book theory and - abstractions: he (Mr. Clay) and his friends were in favor of the - universal practice of nations, and the wholesome and necessary - protection of domestic manufactures. And what better proof - could be given of national decision on this point than that - furnished by the recent elections in Great Britain. A report on - the subject of free trade, written by the astute and ingenious - Scotchman, Mr. Hume, had obtained pretty general circulation in - this country. On the principles set forth in that report the - British ministry went before the people of England at a general - election, and the result proved that they were repudiated." - - "Mr. Calhoun had supposed the senator from Kentucky was - possessed of more tact than to allude at all to the recent - elections in England, and claim them as a triumph of his - principles, much less to express himself in such strong terms - of approbation at the result. The senator was, however, - elated at the favorable result of the late elections to the - tory party in England. That was not much to be wondered at, - for the interests, objects, and aims of the tory party there - and the whig party here, are identical. The identity of the - two parties is remarkable. The tory party are the patrons of - corporate monopolies; _and are not you?_ They are advocates of - a high tariff; _and are not you?_ They are the supporters of a - national bank; _and are not you?_ They are for corn-laws--laws - oppressive to the mass of the people, and favorable to their - own power; _and are not you?_ Witness this bill. The tory party - in England are not supported by the British people. That party - is the representative of the mere aristocracy of the country, - which, by the most odious and oppressive system of coercion - exercised over the tenantry of the country, has obtained the - power of starving the mass of the people, by the continuation - of laws exclusively protecting the landed interests, that is, - the rent rolls of the aristocracy. These laws that party will - uphold, rather than suffer the people to obtain cheap bread. The - administration party in England wished to dissipate this odious - system of exclusive legislation, and to give the mass of the - people cheap bread. This the senator from Kentucky characterizes - as ridiculous abstraction. And who are these tories of England? - Do not the abolitionists constitute a large portion of that - party? Those very abolitionists, who have more sympathy for the - negroes of the West India Islands, than for the starving and - oppressed white laborers of England. And why? Because it is - the interest of the tory party to have high rents at home, and - high tariff duties against the sugar of this country, for the - protection of the owners of estates in the West India Islands. - This is the party, the success of which, at the recent elections - in Great Britain, has so elated the senator from Kentucky! The - success of that party in England, and of the whig party here, - is the success of the great money power, which concentrates the - interests of the two parties, and identifies their principles. - The struggle of both is a struggle for the ascendency of this - great money power. When the whole subject is narrowly looked - into, it is seen that the whole question at issue is that of - the ascendency of this enormous and dangerous power, or that - of popular rights. And this is a struggle which the opposition - in this Capitol, to whom alone the people of this country can - now look for protection against the measures threatened to be - consummated here, will maintain to the last, regardless of the - success of the tories abroad or their allies at home." - -Mr. Clay did not meet these biting interrogatories. He did not -undertake to show any injustice in classifying his modern whig -party with the English high tory party, but hauled off, washing his -hands of sympathy for that party--a retreat, for which Mr. Calhoun -taunted him in his reply. Fact was, the old federal party--and I -never refer to them as such in reproach--had become unpopular, -and changed name without changing principles. They took that of -whig, as having a seductive revolutionary odor, without seeming to -perceive that it had not a principle in common with the whigs of the -revolution which their adversaries had not also; and that in reality -they occupied the precise ground in our political parties which the -high tory party did in England. Mr. Calhoun drove this home to Mr. -Clay with a point and power, and a closeness of application, which -stuck, and required an exculpatory answer, if any could be given. -But none such was attempted, either by Mr. Clay, or any of his -friends; and the issue has shown the folly of taking a name without -corresponding works. The name "whig" has been pretty well given up, -without finding a better, and perhaps without saving the commendable -principle of conservatism which was in it; and which, in its liberal -and enlightened sense, is so essential in all governments. One thing -both the disputants seemed to forget, though others did not; and -that was, that Mr. Calhoun had acted with this party for ten years -against President Jackson. - - "Mr. Clay denied that he had made any boast of the success - of the tories in the English elections. He had expressed no - sympathy with that party. He cared nothing about their success, - though he did hope that the tories would not come into power in - this country. He had only adverted to their triumph in England - as an evidence of the sense of the English nation on the subject - of free trade. His argument was, that no matter what contending - politicians said about abstract principles, when it came to the - practical action of the whole nation on these principles, that - action was found decisive against theories and in favor of the - practice of nations all over the globe. As to the success of - the tories in England, he had frequently made the remark that - this government had more to expect from the justice of a tory - minister than a whig ministry, either in England or France, as - the latter were afraid of being accused of being swayed by their - liberal sentiments." - -This was disavowing a fellow-feeling--not showing a difference; and -Mr. Calhoun, seeing his advantage, followed it up with clinching -vigor, and concluded with a taunt justified by the occasion. - - "Mr. Calhoun said when there was a question at issue between - the senator from Kentucky and himself, that senator was not the - judge of its accuracy, nor was he; but he would leave it to the - Senate, and to all present who had heard the argument, if he had - not met it fairly. Did he not quote, in tones of exultation, - the triumph of the tory party in England as the triumph of his - principles over the principles of free trade? And when he (Mr. - Calhoun) had noticed the points of identity in principle between - the tory party of England and the whig party of this country, - had the senator attempted to reply? Nay more, he had alluded to - the striking coincidence between the party affinities in Great - Britain and this country, and showed that this victory was not - a tory victory only, but an abolitionist victory--the advocates - of high taxes on sugar joining the advocates of high taxes on - bread, and now the senator wishes to produce the impression - that he had not fairly met the question, and tries to make a - new issue. There was one trait in the senator's character, - which he had often noticed. He makes his onslaughts with great - impetuosity, not always thinking where they will carry him; and - when he finds himself in difficulty, all his great ingenuity - is taxed to make a skilful retreat. Like the French general, - Moreau, he is more celebrated for the dexterity of his retreats - than the fame of his battles." - -Mr. Clay pleasantly terminated this interlude, which was certainly -unprofitable to him, by recalling the Senate to the question before -them, which was simply in relation to the free, or taxed importation -of _sumach_: a word which he pronounced with an air and emphasis, -peculiar to himself, and which had the effect of a satiric speech -when he wished to make any thing appear contemptible, or ridiculous. - - "Mr. Clay of Kentucky was not going into a dissertation on the - political institutions of the British nation. He would merely - recapitulate the facts with relation to the question at issue - between the administration party in England and the tory party. - Here Mr. Clay re-stated the position of both parties at the - recent election, and the result; and concluded by declaring, - that, after all, it was not a question now before the Senate, - whether it was a tory victory in England and a whig victory - here, but whether _sumach_ was or was not to be admitted free - of duty. He thought it would be just as well to revert to that - question and let it be decided. For his part, he cared very - little whether it was or was not. He would leave it to the - Senate to decide the question just as it pleased." - -The vote was taken: sumach was taxed: the foreign rival was -discouraged--with what benefit to the American farmer, and the -domestic grower of the article, the elaborate statistics of the -decennial census has yet failed to inform us. But certainly so -insignificant a weed has rarely been the occasion of such keen -debate, between such eminent men, on a theatre so elevated. The -next attempt to amend the bill was at a point of more concern to the -American farmer: and appears thus in the Register of Debates: - - "Mr. ALLEN had proposed to make salt a free article, which Mr. - WALKER had proposed to amend by adding gunny bags. - - "Mr. BENTON appealed to the senator from Mississippi to withdraw - his amendment, and let the vote be taken on salt. - - "Mr. KING also appealed to the senator from Mississippi to - withdraw his amendment. - - "Mr. WALKER said, at the suggestion of his friends, he should - withdraw his amendment for the present, as it was supposed by - some it might embarrass the original amendment. - - "Mr. HUNTINGTON opposed the amendment as tending to a - violation of the compromise act. It would result, also, in the - annihilation of the extensive American works engaged in this - manufacture, and would give the foreign manufacturers a monopoly - in trade, which would tend to greatly increase the price of the - article as it entered into the consumption of the country. - - "Mr. KING was in favor of the compromise act, so far as it - could be maintained. The article of salt entered equally into - the consumption of all classes--the poor as well as the rich. - He should vote for this amendment. If the senator wished, he - would vote to amend the proposition so that it should not take - effect till the 30th of June, 1842; and that would prevent its - interference with the compromise. He hoped the experiment would - be made, and be ascertained whether revenue sufficient for the - expenses of government could be raised by taxation on other - articles which could better bear it. He should vote for the - amendment. - - "Mr. BATES said the duty on salt affected two great portions - of the community in a very different manner--the interior of - the country, which derived their supplies from the domestic - manufacture, from salines, and those parts on the seaboard which - were supplied with imported salt. The price of salt for the - interior of the country, which was supplied with domestic salt, - of which there was a great abundance, would not be affected by - an imposition of duty, as the price was regulated by the law of - nature, and could not be repealed or modified; but the price of - salt on the seaboard, which was supplied by imports, and some - manufactured from marine water, would, however gentlemen might - be disposed to disbelieve it, be increased if the duty were - taken off; as the manufactories of salt from marine water would - be entirely suspended, since none would continue the investment - of their capital in so uncertain a business--the foreign supply - being quite irregular. Thus perhaps, a third of the supplies - being cut off, a greater demand would arise, and the price be - increased on the seaboard, while the interior would not be - affected. - - "Mr. SEVIER wished to know how much revenue was collected from - salt; he had heard it stated that the drawbacks amounted to more - than the duty; if so, it would be better to leave it among the - free articles. - - "Mr. CLAY did not recollect positively; he believed the duty was - about $400,000, and the drawbacks near $260,000--the tax greatly - exceeded the drawback. - - "Mr. CALHOUN said, individually there was, perhaps, no article - which he would prefer to have exempted from duty than salt, but - he was opposed, by any vote of his, to give a pretext for a - violation of the compromise act hereafter. The duty on salt was - going off gradually, and full as rapidly as was consistent with - safety to commercial interests. No one could regard the bill - before them as permanent. It was evident that the whole system - would have to be revised under the compromise system. - - "Mr. WALKER was warmly in favor of the amendment. He regarded a - tax on salt as inhuman and unjust. It was almost as necessary to - human life as the air they breathed, and should be exempted from - all burdens whatever. - - "Mr. ALLEN then modified his amendment so as that it should not - take effect until after the 3d of June, 1842. - - "Mr. CLAY spoke against the amendment; and said the very - circumstance of the universality of its use, was a reason it - should come in for its share of taxation. He never talked about - the _poor_, but he believed he felt as much, and probably more, - than those who did. Who were the poor? Why we were all poor; - and any attempt to select certain classes for taxation was - absurd, as before the collector came round they might be poor. - He expressed the hope that the tax might not be interfered with. - This was a subject which Mr. Jefferson and Mr. Macon took under - their peculiar care, and other gentlemen had since mounted the - hobby, and literally rode it down. He could tell them, if they - desired to preserve the compromise, they must leave the salt tax - alone. - - "The debate was further continued by Messrs. WALKER, BENTON, - CALHOUN, and PRESTON, when the question was taken on the - adoption of the amendment, and decided in the negative, as - follows: - - "YEAS--Messrs. Allen, Benton, Buchanan, Clay of Alabama, - Cuthbert, Fulton, King, Linn, McRoberts, Mouton, Nicholson, - Pierce, Prentiss, Preston, Smith of Connecticut, Tappan, Walker, - White, Woodbury, Wright, and Young--21. - - "NAYS--Messrs. Archer, Barrow, Bates, Berrien, Calhoun, Choate, - Clay of Kentucky, Clayton, Dixon, Evans, Graham, Henderson, - Huntington, Ker, Mangum, Merrick, Miller, Porter, Smith of - Indiana, Southard, Sturgeon, Tallmadge, and Woodbridge--23. - -This odious and impious tax on salt has been kept up by a -combination of private and political interests. The cod and -mackerel fisheries of New England and the domestic manufacturers -of salt on the Kenhawa and in New York, constituting the private -interest; and the tariff-protective party constituting the political -interest. The duty has been reduced, not abolished; and the injury -has become greater to the Treasury in consequence of the reduction; -and still remains considerable to the consumers. The salt duty, -previous to the full taking effect of the compromise act of 1833, -paid the fishing bounties and allowances founded upon it, and left -a surplus for the Treasury: now, and since 1842, these bounties -and allowances take the whole amount of the salt duty, and a large -sum besides, out of the public Treasury. In five years (from 1848 -to 1854), the duty produced from about $210,000, to $220,000; and -the bounties and allowances during the same time, were from about -$240,000, to $300,000; leaving the Treasury a loser to the amount -of the difference: and, without going into figures, the same result -may be predicated of every year since 1842. To the consumer the tax -still remaining, although only one-fifth of the value, about doubles -the cost of the article consumed to the consumer. It sends all the -salt to the custom-house, and throws it into the hands of regraters; -and they combine, and nearly double the price. - -The next attempt to amend the bill was on Mr. Woodbury's motion to -exempt tea and coffee from duty, which was successful by a large -vote--39 to 10. The nays were: Messrs. Archer, Barrow, Berrien, -Clay of Kentucky, Henderson, Leeds, Kerr, Merrick, Preston, Rives, -Southard. The bill was then passed by a general vote, only eleven -against it, upon the general ground that the government must have -revenue: but those who voted against it thought the proper way to -stop the land bill was to deny this supply until that was given up. - -The compromise act of 1833--by a mere blunder, for it cannot be -supposed such an omission could have been intentional--in providing -for the reduction of duties on imported sugars, molasses, and salt, -made no corresponding provision for the reduction of drawbacks when -the sugars underwent refining and exportation; nor upon molasses -when converted into rum and exported; nor on the fishing bounties -and allowances, when the salt was re-exported on the fish which -had been cured by it. This omission was detected at the time -by members not parties to the compromise, but not allowed to be -corrected by any one unfriendly to the compromise. The author of -this View offered an amendment to that effect--which was rejected, -by yeas and nays, as follows: Yeas--Messrs. Benton, Buckner, -Calhoun, Dallas, Dickerson, Dudley, Forsyth, Johnson, Kane, King, -Rives, Robinson, Seymour, Tomlinson, Webster, White, Wilkins, and -Wright. Nays--Messrs. Bell, Bibb, Black, Clay, Clayton, Ewing, Foot, -Grundy, Hendricks, Holmes, Knight, Mangum, Miller, Moore, Naudain, -Poindexter, Prentiss, Robbins, Silsbee, Smith, Sprague, Tipton, -Troup, and Tyler. Of those then voting against this provision, one -(Mr. Ewing, as Secretary of the Treasury), now, in 1841, recommended -its adoption, so far as it related to refined sugars and rum; -another (Mr. Clay), supported his recommendation; a third (Mr. -Tyler), approved the act which adopted it: but all this, after the -injury had been going on for eight years, and had plundered the -Treasury of one and a half millions of dollars. The new tariff act -of this extra session made the corresponding reductions, and by a -unanimous vote in each House; the writer of this View, besides his -motion at the time, having renewed it, and in vain, almost every -year afterwards--always rejected on the cry that the compromise -was sacred and inviolable--had saved the Union at the time it was -made, and would endanger it the day it was broken. Well! it was -pretty well broken at this extra session: and the Union was just as -much destroyed by its breaking as it had been saved by its making. -In one case the reductions of drawback remained untouched--that -of the bounties and allowances to the cod and mackerel fisheries, -founded on the idea of returning to the fisherman, or the exporter, -the amount of duty supposed to have been paid on the imported salt -carried back out of the country on that part of the fish which -was exported. The fisheries have so long possessed this advantage -that they now claim it as a right--no such pretension being set up -until it was attacked as an abuse. A committee of the Senate, in -the year 1846, of which Mr. Benton was chairman, and Mr. John Davis -of Massachusetts, and Mr. Alexander Anderson, were members, made a -report which explored this abuse to its source; but without being -able to get it corrected. The abuse commenced after the late war -with Great Britain, and has taken since that time about six millions -of dollars; and is now going at the rate of about three hundred -thousand dollars per annum. In the earlier ages of the government, -these bounties and allowances were always stated in the annual -treasury report, according to their true nature in connection with -the salt duties, and as dependent upon those duties: and the sums -allowed were always carried out in bushels of salt: which would -show how much salt was supposed to have been carried out of the -country on the exported fish. A treasury statement of that kind -at present, would show about one million three hundred thousand -bushels of foreign salt (for it is only on the foreign that the -bounties and allowances accrue), so exported, while there is only -about one million of bushels imported--nineteen-twentieths of which -is employed in other branches of business--beef and pork packing, -and bacon curing, for example: and there can be no doubt but that -these branches export far more foreign salt on the articles they -send abroad, than is done on cod and mackerel exported. In viewing -the struggles about these bounties and allowances, I have often had -occasion to admire the difference between the legislators of the -North and those of the South and West--the former always intent -upon the benefits of legislation--the latter upon the honors of the -government. - - - - -CHAPTER LXXX. - -NATIONAL BANK: FIRST BILL. - - -This was the great measure of the session, and the great object of -the whig party, and the one without which all other measures would -be deemed to be incomplete, and the victorious election itself -little better than a defeat. Though kept out of view as an issue -during the canvass, it was known to every member of the party to be -the alpha and omega of the contest, and the crowning consummation -of ten years labor in favor of a national bank. It was kept in the -background for a reason perfectly understood. Both General Harrison -and Mr. Tyler had been ultra against a national bank while members -of the democratic party: they had both, as members of the House of -Representatives voted in a small minority in favor of issuing a writ -of _scire facias_ against the late Bank of the United States soon -after it was chartered; and this could be quoted in the parts of -the country where a bank was unpopular. At the same time the party -was perfectly satisfied with their present sentiments, and wanted -no discussion which might scare off anti-bank men without doing -any good on their own side. The bank, then, was the great measure -of the session--the great cause of the called session--and as such -taken by Mr. Clay into his own care from the first day. He submitted -a schedule of measures for the consideration of the body, and for -acting on which he said it might be understood the extraordinary -session was convoked; he moved for a select committee to report a -bill, of which committee he was of course to be chairman: and he -moved a call upon the Secretary of the Treasury (Mr. Ewing) for -the plan of a bank. It was furnished accordingly, and studiously -contrived so as to avoid the President's objections, and save his -consistency--a point upon which he was exceedingly sensitive. -The bill of the select committee was modelled upon it. Even the -title was made ridiculous to please the President, though not as -much so as he wished. He objected to the name of bank, either in -the title or the body of the charter, and proposed to style it -"The Fiscal Institute;" and afterwards the "Fiscal Agent;" and -finally the "Fiscal Corporation." Mr. Clay and his friends could -not stand these titles; but finding the President tenacious on the -title of the bill, and having all the properties of all sorts of -banks--discount--deposit--circulation--exchange--all in the plan so -studiously contrived, they yielded to the word Fiscal--rejecting -each of its proposed addenda--and substituted bank. The title of the -instrument then ran thus: "A Bill to incorporate the subscribers -to the Fiscal Bank of the United States." Thus entitled, and thus -arranged out of doors, it was brought into the Senate, not to be -perfected by the collective legislative wisdom of the body, but to -be carried through the forms of legislation, without alteration -except from its friends, and made into law. The deliberative power -of the body had nothing to do with it. Registration of what had been -agreed upon was its only office. The democratic members resisted -strenuously in order to make the measure odious. Successful -resistance was impossible, and a repeal of the act at a subsequent -Congress was the only hope--a veto not being then dreamed of. -Repeal, therefore, was taken as the watchword, and formal notice of -it proclaimed in successive speeches, that all subscribers to the -bank should be warned in time, and deprived of the plea of innocence -when the repeal should be moved. Mr. Allen, of Ohio, besides an -argument in favor of the right of this repeal, produced a resolve -from the House Journal of 1819, in which General Harrison, then -a member of that body, voted with others for a resolve directing -the Judiciary Committee to report a bill to repeal the then -United States Bank charter--not to inquire into the expediency of -repealing, but to repeal absolutely. - -The bill was passed through both Houses--in the Senate by a close -vote, 26 to 23--in the House by a better majority, 128 to 98. -This was the sixth of August. All was considered finished by the -democracy, and a future repeal their only alternative. Suddenly -light began to dawn upon them. Rumors came that President Tyler -would disapprove the act; which, in fact he did: but with such -expressions of readiness to approve another bill which should be -free from the objections which he named, as still to keep his party -together, and to prevent the explosion of his cabinet. But it made -an explosion elsewhere. Mr. Clay was not of a temper to be balked -in a measure so dear to his heart without giving expression to his -dissatisfaction; and did so in the debate on the veto message; and -in terms to assert that Mr. Tyler had violated his faith to the whig -party, and had been led off from them by new associations. He said: - - "On the 4th of April last, the lamented Harrison, the President - of the United States, paid the debt of nature. President Tyler, - who, as Vice-President, succeeded to the duties of that office, - arrived in the city of Washington on the 6th of that month. He - found the whole metropolis wrapt in gloom, every heart filled - with sorrow and sadness, every eye streaming with tears, and - the surrounding hills yet flinging back the echo of the bells - which were tolled on that melancholy occasion. On entering - the Presidential mansion he contemplated the pale body of his - predecessor stretched before him, and clothed in the black - habiliments of death. At that solemn moment, I have no doubt - that the heart of President Tyler was overflowing with mingled - emotions of grief, of patriotism and gratitude--above all, of - gratitude to that country by a majority of whose suffrages, - bestowed at the preceding November, he then stood the most - distinguished, the most elevated, the most honored of all living - whigs of the United States. - - "It was under these circumstances, and in this probable state of - mind, that President Tyler, on the 10th day of the same month - of April, voluntary promulgated an address to the people of the - United States. That address was in the nature of a coronation - oath, which the chief of the State, in other countries, and - under other forms, takes upon ascending the throne. It referred - to the solemn obligations, and the profound sense of duty under - which the new President entered upon the high trust which had - devolved upon him, by the joint acts of the people and of - Providence, and it stated the principles and delineated the - policy by which he would be governed in his exalted station. It - was emphatically a whig address from beginning to end--every - inch of it was whig, and was patriotic. - - "In that address the President, in respect to the subject-matter - embraced in the present bill, held the following conclusive and - emphatic language: 'I shall promptly give my sanction to any - constitutional measure which, originating in Congress, shall - have for its object the restoration of a sound circulating - medium, so essentially necessary to give confidence in all - the transactions of life, to secure to industry its just and - adequate rewards, and to re-establish the public prosperity. - In deciding upon the adaptation of any such measure to the end - proposed, as well as its conformity to the Constitution, I shall - resort to the fathers of the great republican school for advice - and instruction, to be drawn from their sage views of our system - of government, and the light of their ever glorious example.' - - "To this clause in the address of the President, I believe but - one interpretation was given throughout this whole country, - by friend and foe, by whig and democrat, and by the presses - of both parties. It was by every man with whom I conversed on - the subject at the time of its appearance, or of whom I have - since inquired, construed to mean that the President intended - to occupy the Madison ground, and to regard the question of - the power to establish a national bank as immovably settled. - And I think I may confidently appeal to the Senate, and to the - country, to sustain the fact that this was the contemporaneous - and unanimous judgment of the public. Reverting back to the - period of the promulgation of the address, could any other - construction have been given to its language? What is it? 'I - shall promptly give my sanction to any constitutional measure - which, originating in Congress,' shall have certain defined - objects in view. He concedes the vital importance of a sound - circulating medium to industry and to the public prosperity. He - concedes that its origin must be in Congress. And, to prevent - any inference from the qualification, which he prefixes to - the measure, being interpreted to mean that a United States - Bank was unconstitutional, he declares that, in deciding on - the adaptation of the measure to the end proposed, and its - conformity to the constitution, he will resort to the fathers of - the great Republican school. And who were they? If the Father - of his country is to be excluded, are Madison (the father of - the constitution), Jefferson, Monroe, Gerry, Gallatin, and the - long list of Republicans who acted with them, not to be regarded - as among those fathers? But President Tyler declares not only - that he should appeal to them for advice and instruction, but - to the light of their ever glorious example. What example? What - other meaning could have been possibly applied to the phrase, - than that he intended to refer to what had been done during the - administrations of Jefferson, Madison, and Monroe? - - "Entertaining this opinion of the address, I came to Washington, - at the commencement of the session, with the most confident - and buoyant hopes that the Whigs would be able to carry all - their prominent measures, and especially a Bank of the United - States, by far that one of the greatest immediate importance. - I anticipated nothing but cordial co-operation between the two - departments of government; and I reflected with pleasure that - I should find at the head of the Executive branch, a personal - and political friend, whom I had long and intimately known, - and highly esteemed. It will not be my fault if our amicable - relations should unhappily cease, in consequence of any - difference of opinion between us on this occasion. The President - has been always perfectly familiar with my opinion on this bank - question. - - "Upon the opening of the session, but especially on the receipt - of the plan of a national bank, as proposed by the Secretary - of the Treasury, fears were excited that the President had - been misunderstood in his address, and that he had not waived - but adhered to his constitutional scruples. Under these - circumstances it was hoped that, by the indulgence of a mutual - spirit of compromise and concession, a bank, competent to fulfil - the expectations and satisfy the wants of the people, might be - established. - - "Under the influence of that spirit, the Senate and the House - agreed, 1st, as to the name of the proposed bank. I confess, - sir, that there was something exceedingly _outre_ and revolting - to my ears in the term 'Fiscal Bank;' but I thought, 'What - is there in a name? A rose, by any other name, would smell - as sweet.' Looking, therefore, rather to the utility of the - substantial faculties than to the name of the contemplated - institution, we consented to that which was proposed." - -In his veto message Mr. Tyler fell back upon his early opinions -against the constitutionality of a national bank, so often and -so publicly expressed; and recurring to these early opinions he -now declared that it would be a crime and an infamy in him to sign -the bill which had been presented to him. In this sense he thus -expressed himself: - - "Entertaining the opinions alluded to, and having taken this - oath, the Senate and the country will see that I could not give - my sanction to a measure of the character described without - surrendering all claim to the respect of honorable men--all - confidence on the part of the people--all self-respect--all - regard for moral and religious obligations; without an - observance of which no government can be prosperous, and no - people can be happy. It would be to commit a _crime_ which I - would not wilfully commit to gain any earthly reward, and which - would _justly_ subject me to the ridicule and scorn of all - virtuous men." - -Mr. Clay found these expressions of self-condemnation entirely too -strong, showing too much sensibility in a President to personal -considerations--laying too much stress upon early opinions--ignoring -too completely later opinions--and not sufficiently deferring to -those fathers of the government to whom, in his inaugural address, -he had promised to look for advice and instruction, both as to the -constitutionality of a bank, and its adaptation to the public wants. -And he thus animadverted on the passage: - - "I must think, and hope I may be allowed to say, with profound - deference to the Chief Magistrate, that it appears to me he has - viewed with too lively sensibility the personal consequences - to himself of his approval of the bill; and that, surrendering - himself to a vivid imagination, he has depicted them in much too - glowing and exaggerated colors, and that it would have been most - happy if he had looked more to the deplorable consequences of - a veto upon the hopes, the interests, and the happiness of his - country. Does it follow that a magistrate who yields his private - judgment to the concurring authority of numerous decisions, - repeatedly and deliberately pronounced, after the lapse of - long intervals, by all the departments of government, and by - all parties, incurs the dreadful penalties described by the - President? Can any man be disgraced and dishonored who yields - his private opinion to the judgment of the nation? In this case, - the country (I mean a majority), Congress, and, according to - common fame, an unanimous cabinet, were all united in favor of - the bill. Should any man feel himself humbled and degraded in - yielding to the conjoint force of such high authority? Does - any man, who at one period of his life shall have expressed - a particular opinion, and at a subsequent period shall act - upon the opposite opinion, expose himself to the terrible - consequences which have been portrayed by the President? How - is it with the judge, in the case by no means rare, who bows - to the authority of repeated precedents, settling a particular - question, whilst in his private judgment the law was otherwise? - How is it with that numerous class of public men in this - country, and with the two great parties that have divided it, - who, at different periods, have maintained and acted on opposite - opinions in respect to this very bank question? - - "How is it with James Madison, the father of the - constitution--that great man whose services to his country - placed him only second to Washington--whose virtues and purity - in private life--whose patriotism, intelligence, and wisdom - in public councils, stand unsurpassed? He was a member of the - national convention that formed, and of the Virginia convention - that adopted the constitution. No man understood it better - than he did. He was opposed in 1791 to the establishment of - the Bank of the United States upon constitutional ground; and - in 1816 he approved and signed the charter of the late Bank of - the United States. It is a part of the secret history connected - with the first Bank, that James Madison had, at the instance of - General Washington, prepared a veto for him in the contingency - of his rejection of the bill. Thus stood James Madison when, - in 1815, he applied the veto to a bill to charter a bank upon - considerations of expediency, but with a clear and express - admission of the existence of a constitutional power in Congress - to charter one. In 1816, the bill which was then presented to - him being free from the objections applicable to that of the - previous year, he sanctioned and signed it. Did James Madison - surrender 'all claim to the respect of honorable men--all - confidence on the part of the people--all self-respect--all - regard for moral and religious obligations?' Did the pure, - the virtuous, the gifted James Madison, by his sanction and - signature to the charter of the late Bank of the United States, - commit a crime which justly subjected him 'to the ridicule and - scorn of all virtuous men?'" - -But in view of these strong personal consequences to his (Mr. -Tyler's) own character in the event of signing the bill, Mr. -Clay pointed out a course which the President might have taken -which would have saved his consistency--conformed to the -constitution--fulfilled his obligations to the party that elected -him--and permitted the establishment of that sound currency, and -that relief from the public distress, which his inaugural address, -and his message to Congress, and his veto message, all so earnestly -declared to be necessary. It was to have let the bill lie in his -hands without approval or disapproval: in which case it would have -become a law without any act of his. The constitution had made -provision for the case in that clause in which it declares that--"If -any bill shall not be returned by the President within ten days -(Sundays excepted) after it shall have been presented to him, the -same shall be a law, in like manner as if he had signed it, unless -the Congress by their adjournment prevent its return; in which case -it shall not be a law." In this case there was no danger of Congress -adjourning before the lapse of the ten days; and Mr. Clay adverted -to this course as the one, under his embarrassing circumstances the -President ought to have adopted, and saved both his consistency and -faith to his party. He urged it as a proper course--saying: - - "And why should not President Tyler have suffered the bill - to become a law without his signature? Without meaning the - slightest possible disrespect to him (nothing is further from - my heart than the exhibition of any such feeling towards that - distinguished citizen, long my personal friend), it cannot be - forgotten that he came into his present office under peculiar - circumstances. The people did not foresee the contingency which - has happened. They voted for him as Vice-President. They did - not, therefore, scrutinize his opinions with the care which - they probably ought to have done, and would have done, if they - could have looked into futurity. If the present state of the - fact could have been anticipated--if at Harrisburg, or at the - polls, it had been foreseen that General Harrison would die in - one short month after the commencement of his administration; - that Vice-President Tyler would be elevated to the presidential - chair; that a bill, passed by decisive majorities of the first - whig Congress, chartering a national bank, would be presented - for his sanction; and that he would veto the bill, do I hazard - any thing when I express the conviction that he would not have - received a solitary vote in the nominating convention, nor one - solitary electoral vote in any State in the Union?" - -Not having taken this course with the bill, Mr. Clay pointed out -a third one, suggested by the conduct of the President himself -under analogous circumstances, and which, while preserving his -self-respect, would accomplish all the objects in view by the -party which elected him, by simply removing the obstacle which -stood between them and the object of their hopes; it was to resign -the presidency. For this contingency--that of neither President -nor Vice-President--the constitution had also made provision in -declaring--"In case of the removal of the President from office, -or of his death, resignation, or inability to discharge the -powers and duties of the said office, the same shall devolve on -the Vice-President; and the Congress may by law provide for the -case of the 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." Congress -had acted under this injunction and had devolved the duties of -President, first on the president of the Senate _pro tempore_; and -if no such temporary president, then on the speaker of the House -of Representatives; and requiring a new election to be held on the -first Wednesday of the ensuing December if there was time before it -for a notification of two months; and if not, then the new election -to take place (if the vacant term had not expired on the third day -of March after they happened) on the like Wednesday of the next -ensuing month of December. Here was provision made for the case, and -the new election might have been held in less than four months--the -temporary president of the Senate, Mr. Southard, acting as President -in the mean time. The legal path was then clear for Mr. Tyler's -resignation, and Mr. Clay thus enforced the propriety of that step -upon him: - - "But, sir, there was still a third alternative, to which - I allude not because I mean to intimate that it should be - embraced, but because I am reminded of it by a memorable event - in the life of President Tyler. It will be recollected that, - after the Senate had passed the resolution declaring the removal - of the deposits from the Bank of the United States to have been - derogatory from the constitution and laws of the United States, - for which resolution President (then senator) Tyler had voted, - the General Assembly of Virginia instructed the senators from - that State to vote for the expunging of that resolution. Senator - Tyler declined voting in conformity with that instruction, and - resigned his seat in the Senate of the United States. This he - did because he could not conform, and did not think it right - to go counter to the wishes of those who had placed him in the - Senate. If, when the people of Virginia, or the General Assembly - of Virginia, were his only constituency, he would not set up - his own particular opinion in opposition to theirs, what ought - to be the rule of his conduct when the people of twenty-six - States--a whole nation--compose his constituency? Is the will - of the constituency of one State to be respected, and that of - twenty-six to be wholly disregarded? Is obedience due only to - the single State of Virginia? The President admits that the Bank - question deeply agitated, and continues to agitate, the nation. - It is incontestable that it was the great, absorbing, and - controlling question, in all our recent divisions and exertions. - I am firmly convinced, and it is my deliberate judgment, that an - immense majority, not less than two-thirds of the nation, desire - such an institution. All doubts in this respect ought to be - dispelled by the recent decisions of the two Houses of Congress. - I speak of them as evidence of popular opinion. In the House of - Representatives, the majority was 131 to 100. If the House had - been full, and but for the modification of the 16th fundamental - condition, there would have been a probable majority of 47. Is - it to be believed that this large majority of the immediate - representatives of the people, fresh from amongst them, and to - whom the President seemed inclined, in his opening message, to - refer this very question, have mistaken the wishes of their - constituents?" - -The acting President did not feel it to be his duty to resign, -although it may be the judgment of history (after seeing the -expositions of his secretaries at the resignation of their places -consequent upon a second veto to a second bank act), that he ought -to have done so. In his veto message he seemed to leave the way -open for his approval of a charter free from the exceptions he had -taken; and rumor was positive in asserting that he was then engaged -in arranging with some friends the details of a bill which he could -approve. In allusion to this rumor, Mr. Clay remarked: - - "On a former occasion I stated that, in the event of an - unfortunate difference of opinion between the legislative - and executive departments, the point of difference might be - developed, and it would be then seen whether they could be - brought to coincide in any measure corresponding with the public - hopes and expectations. I regret that the President has not, - in this message, favored us with a more clear and explicit - exhibition of his views. It is sufficiently manifest that he - is decidedly opposed to the establishment of a new Bank of the - United States formed after two old models. I think it is fairly - to be inferred that the plan of the Secretary of the Treasury - could not have received his sanction. He is opposed to the - passage of the bill which he has returned; but whether he would - give his approbation to any bank, and, if any, what sort of a - bank, is not absolutely clear. I think it may be collected from - the message, with the aid of information derived through other - sources, that the President would concur in the establishment of - a bank whose operations should be limited to dealing in bills - of exchange to deposits, and to the supply of a circulation, - excluding the power of discounting promissory notes. And I - understand that some of our friends are now considering the - practicability of arranging and passing a bill in conformity - with the views of President Tyler. Whilst I regret that I can - take no active part in such an experiment, and must reserve to - myself the right of determining whether I can or cannot vote - for such a bill after I see it in its matured form, I assure my - friends that they shall find no obstacle or impediment in me. On - the contrary, I say to them, go on: God speed you in any measure - which will serve the country, and preserve or restore harmony - and concert between the departments of government. An executive - veto of a Bank of the United States, after the sad experience - of late years, is an event which was not anticipated by the - political friends of the President; certainly not by me. But it - has come upon us with tremendous weight, and amidst the greatest - excitement within and without the metropolis. The question now - is, what shall be done? What, under this most embarrassing and - unexpected state of things, will our constituents expect of - us? What is required by the duty and the dignity of Congress? - I repeat that if, after a careful examination of the executive - message, a bank can be devised which will afford any remedy to - existing evils, and secure the President's approbation, let - the project of such a bank be presented. It shall encounter no - opposition, if it should receive no support, from me." - -The speech of Mr. Clay brought out Mr. Rives in defence of the -President, who commenced with saying: - - "He came to the Senate that morning to give a silent vote on - the bill, and he should have contented himself with doing so - but for the observations which had fallen from the senator from - Kentucky in respect to the conduct of the President of the - United States. Mr. R. had hoped the senator would have confined - himself strictly to the merits of the question before the - Senate. He told us, said Mr. R., that the question was this: the - President having returned the bill for a fiscal bank with his - exceptions thereto, the bill was such an one as ought to pass by - the constitutional majority of two-thirds; and thus become a law - of the land. Now what was the real issue before the Senate? Was - it not the naked question between the bill and the objections - to it, as compared with each other? I really had hoped that the - honorable senator, after announcing to us the issue in this - very proper manner, would have confined his observations to - it alone; and if he had done so I should not have troubled the - Senate with a single word. But what has been the course of the - honorable senator? I do not reproach him with it. He, no doubt, - felt it necessary, in order to vindicate his own position before - the country, to inculpate the course taken by the President: and - accordingly about two-thirds of his speech, howsoever qualified - by expressions of personal kindness and respect, were taken up - in a solemn arraignment of the President of the United States. - Most of the allegations put forth by the senator seem to arrange - themselves under the general charge of perfidy--of faithlessness - to his party, and to the people." - -Mr. Rives went on to defend the President at all points, declaring -the question of a bank was not an issue in the election--repelling -the imputation of perfidy--scouting the suggestions of resignation -and of pocketing the bill to let it become law--arguing that -General Harrison himself would have disapproved the same bill -if he had lived and it had been presented to him. In support -of this opinion he referred to the General's early opposition -to the national bank of 1816, and to his written answer given -during the canvass--"that he would not give his sanction to a -Bank of the United States, unless by the failure of all other -expedients, it should be demonstrated to be necessary to carry on -the operations of government; and unless there should be a general -and unequivocal manifestation of the will of the Union in favor -of such an institution; and then only as a fiscal, and not as a -commercial bank." But this authentic declaration seemed to prove -the contrary of that for which it was quoted. It contained two -conditions, on the happening of which General Harrison would sign -a bank charter--first, the failure of all other plans for carrying -on the financial operations of the government; and, secondly, the -manifestation of public opinion in favor of it. That the first -of these conditions had been fulfilled was well shown by Mr. -Rives himself in the concluding passages of his speech where he -said: "All previous systems have been rejected and condemned--the -sub-treasury--the pet banks--an old-fashioned Bank of the United -States--a new-fashioned fiscal agent." The second condition was -fulfilled in the presidential election in the success of the whig -party, whose first object was a bank; and in the election of members -of the House and the Senate, where the majorities were in favor of a -bank. The conditions were fulfilled then on which General Harrison -was to approve a bank charter; and the writer of this View has no -doubt that he would have given his signature to a usual bank charter -if he had lived; and from an obligatory sense of duty, and with no -more dishonor than Mr. Madison had incurred in signing the act for -the second bank charter after having been the great opponent of -the first one; and for which signing, as for no act of his life, -was dishonor imputed to him. The writer of this View believes that -General Harrison would have signed a fair bank charter, and under -its proper name; and he believes it, not from words spoken between -them, but from public manifestations, seen by every body. 1. His -own declaration, stating the conditions on which he would do it; -and which conditions were fulfilled. 2. The fact that he was the -presidential candidate of the party which was emphatically the bank -party. 3. The selection of his cabinet, every member of which was -in favor of a national bank. 4. The declaration of Mr. Clay at the -head of the list of measures proposed by him for the consideration -of Congress at its extra session, in which a national bank was -included; and which measures he stated were probably those for which -the extraordinary session had been convened by President Harrison--a -point on which Mr. Clay must be admitted to be well informed, for he -was the well reputed adviser of President Harrison on the occasion. - -Mr. Clay rejoined to Mr. Rives, and became more close and pointed -in his personal remarks upon Mr. Tyler's conduct, commencing with -Mr. Rives' lodgment in the "half-way house," _i.e._ the pet bank -system--which was supposed to have been a camping station in the -transition from the democratic to the whig camp. He began thus: - - "I have no desire, said he, to prolong this unpleasant - discussion, but I must say that I heard with great surprise - and regret the closing remark, especially, of the honorable - gentleman from Virginia, as, indeed, I did many of those which - preceded it. That gentleman stands in a peculiar situation. I - found him several years ago in the half-way house, where he - seems afraid to remain, and from which he is yet unwilling to - go. I had thought, after the thorough riddling which the roof - of the house had received in the breaking up of the pet bank - system, he would have fled somewhere else for refuge; but, there - he still stands, solitary and alone, shivering and pelted by - the pitiless storm. The sub-treasury is repealed--the pet bank - system is abandoned--the United States Bank bill is vetoed--and - now, when there is as complete and perfect a reunion of the - purse and the sword in the hands of the executive as ever there - was under General Jackson or Mr. Van Buren, the senator is for - doing nothing." - -There was a whisper at this time that Mr. Tyler had an inner circle -of advisers, some democratic and some whig, and most of whom had -sojourned in the "half-way house," and who were more confidential -and influential with the President than the members of his cabinet. -To this Mr. Clay caustically adverted. - - "Although the honorable senator professes not to know the - opinions of the President, it certainly does turn out in the - sequel that there is a most remarkable coincidence between those - opinions and his own; and he has, on the present occasion, - defended the motives and the course of the President with all - the solicitude and all the fervent zeal of a member of his - privy council. There is a rumor abroad that a cabal exists--a - new sort of kitchen cabinet--whose object is the dissolution - of the regular cabinet--the dissolution of the whig party--the - dispersion of Congress, without accomplishing any of the great - purposes of the extra session--and a total change, in fact, in - the whole face of our political affairs. I hope, and I persuade - myself, that the honorable senator is not, cannot be, one of the - component members of such a cabal; but I must say that there has - been displayed by the honorable senator to-day a predisposition, - astonishing and inexplicable, to misconceive almost all of what - I have said, and a perseverance, after repeated corrections, in - misunderstanding--for I will not charge him with wilfully and - intentionally misrepresenting--the whole spirit and character of - the address which, as a man of honor and as a senator, I felt - myself bound in duty to make to this body." - -There was also a rumor of a design to make a third party, of which -Mr. Tyler was to be the head; and, as part of the scheme, to make a -quarrel between Mr. Tyler and Mr. Clay, in which Mr. Clay was to be -made the aggressor; and he brought this rumor to the notice of Mr. -Rives, repelling the part which inculpated himself, and leaving the -rest for Mr. Rives to answer. - - "Why, sir, what possible, what conceivable motive can I have - to quarrel with the President, or to break up the whig party? - What earthly motive can impel me to wish for any other result - than that that party shall remain in perfect harmony, undivided, - and shall move undismayed, boldly, and unitedly forward to the - accomplishment of the all-important public objects which it has - avowed to be its aim? What imaginable interest or feeling can I - have other than the success, the triumph, the glory of the whig - party? But that there may be designs and purposes on the part of - certain other individuals to place me in inimical relations with - the President, and to represent me as personally opposed to him, - I can well imagine--individuals who are beating up for recruits, - and endeavoring to form a third party, with materials so scanty - as to be wholly insufficient to compose a decent corporal's - guard. I fear there are such individuals, though I do not charge - the senator as being himself one of them. What a spectacle has - been presented to this nation during this entire session of - Congress! That of the cherished and confidential friends of John - Tyler, persons who boast and claim to be _par excellence_, his - exclusive and genuine friends, being the bitter, systematic, - determined, uncompromising opponents of every leading measure - of John Tyler's administration! Was there ever before such an - example presented, in this or any other age, in this or any - other country? I have myself known the President too long, and - cherished towards him too sincere a friendship, to allow my - feelings to be affected or alienated by any thing which has - passed here to-day. If the President chooses--which I am sure - he cannot, unless falsehood has been whispered into his ears or - poison poured into his heart--to detach himself from me, I shall - deeply regret it, for the sake of our common friendship and our - common country. I now repeat, what I before said, that, of all - the measures of relief which the American people have called - upon us for, that of a National Bank and a sound and uniform - currency has been the most loudly and importunately demanded." - -Mr. Clay reiterated his assertion that bank, or no bank, was the -great issue of the presidential canvass wherever he was, let what -else might have been the issue in Virginia, where Mr. Rives led for -General Harrison. - - "The senator says that the question of a Bank was not the issue - made before the people at the late election. I can say, for one, - my own conviction is diametrically the contrary. What may have - been the character of the canvass in Virginia, I will not say; - probably gentlemen on both sides were, every where, governed in - some degree by considerations of local policy. What issues may - therefore have been presented to the people of Virginia, either - above or below tide water, I am not prepared to say. The great - error, however, of the honorable senator, is in thinking that - the sentiments of a particular party in Virginia are always a - fair exponent of the sentiments of the whole Union. I can tell - the senator, that, wherever I was--in the great valley of the - Mississippi, in Kentucky, in Tennessee, in Maryland--in all the - circles in which I moved, every where, 'Bank or no Bank' was the - great, the leading, the vital question." - -In conclusion, Mr Clay apostrophized himself in a powerful -peroration as not having moral courage enough (though he claimed as -much as fell to the share of most men) to make himself an obstacle -to the success of a great measure for the public good; in which the -allusion to Mr. Tyler and his veto was too palpable to miss the -apprehension of any person. - - "The senator says that, if placed in like circumstances, I - would have been the last man to avoid putting a direct veto - upon the bill, had it met my disapprobation; and he does me - the honor to attribute to me high qualities of stern and - unbending intrepidity. I hope that in all that relates to - personal firmness--all that concerns a just appreciation of - the insignificance of human life--whatever may be attempted - to threaten or alarm a soul not easily swayed by opposition, - or awed or intimidated by menace--a stout heart and a steady - eye, that can survey, unmoved and undaunted, any mere personal - perils that assail this poor transient, perishing frame--I - may, without disparagement, compare with other men. But there - is a sort of courage which, I frankly confess it, I do not - possess--a boldness to which I dare not aspire--a valor which - I cannot covet. I cannot lay myself down in the way of the - welfare and happiness of my country. That I cannot, I have not - the courage to do. I cannot interpose the power with which I may - be invested--a power conferred not for my personal benefit, not - for my aggrandizement, but for my country's good--to check her - onward march to greatness and glory. I have not courage enough, - I am too cowardly for that. I would not, I dare not, in the - exercise of such a trust, lie down, and place my body across - the path that leads my country to prosperity and happiness. - This is a sort of courage widely different from that which a - man may display in his private conduct and personal relations. - Personal or private courage is totally distinct from that higher - and nobler courage, which prompts the patriot to offer himself - a voluntary sacrifice to his country's good. Apprehensions of - the imputation of the want of firmness sometimes impel us to - perform rash and inconsiderate acts. It is the greatest courage - to be able to bear the imputation of the want of courage. But - pride, vanity, egotism, so unamiable and offensive in private - life, are vices which partake of the character of crimes in - the conduct of public affairs. The unfortunate victim of these - passions cannot see beyond the little, petty, contemptible - circle of his own personal interests. All his thoughts are - withdrawn from his country, and concentrated on his consistency, - his firmness, himself. The high, the exalted, the sublime - emotions of a patriotism, which, soaring towards Heaven, rises - far above all mean, low, or selfish things, and is absorbed - by one soul-transporting thought of the good and the glory of - one's country, are never felt in his impenetrable bosom. That - patriotism which, catching its inspiration from the immortal - God, and leaving at an immeasurable distance below, all lesser, - grovelling, personal interests and feelings, animates and - prompts to deeds of self-sacrifice, of valor, of devotion, and - of death itself--that is public virtue--that is the noblest, the - sublimest of all public virtues!" - -Mr. Rives replied to Mr. Clay, and with respect to the imputed -cabal, the privy council, and his own zealous defence of Mr. Tyler, -said: - - "The senator has indulged his fancy in regard to a certain - cabal, which he says it is alleged by rumor (an authority he - seems prone to quote of late) has been formed for the wicked - purpose of breaking up the regular cabinet, and dissolving the - whig party. Though the senator is pleased to acquit me of being - a member of the supposed cabal, he says he should infer, from - the zeal and promptitude with which I have come forward to - defend the motives and conduct of the President, that I was at - least a member of his privy council! I thank God, Mr. President, - that in his gracious goodness he has been pleased to give me a - heart to repel injustice and to defend the innocent, without - being laid under any special engagement, as a privy councillor - or otherwise, to do justice to my fellow-man; and if there be - any gentleman who cannot find in the consciousness of his own - bosom a satisfactory explanation of so natural an impulse, I, - for one, envy him neither his temperament nor his philosophy. If - Mr. Tyler, instead of being a distinguished citizen of my own - State, and filling at this moment, a station of the most painful - responsibility, which entitles him to a candid interpretation of - his official acts at the hands of all his countrymen, had been - a total stranger, unknown to me in the relations of private or - political friendship, I should yet have felt myself irresistibly - impelled by the common sympathies of humanity to undertake his - defence, to the best of my poor ability, when I have seen him - this day so powerfully assailed for an act, as I verily believe, - of conscientious devotion to the constitution of his country and - the sacred obligation of his high trust." - -With respect to the half-way house, Mr. Rives admitted his sojourn -there, and claimed a sometime companionship in it with the senator -from Kentucky, just escaped from the lordly mansion, gaudy without, -but rotten and rat-eaten within (the Bank of the United States); -and glad to shelter in this humble but comfortable stopping place. - - "The senator from Kentucky says he found me several years ago - in this half-way house, which, after the thorough riddling the - roof had received in the breaking up of the pet bank system, he - had supposed I would have abandoned. How could I find it in my - heart, Mr. President, to abandon it when I found the honorable - senator from Kentucky (even after what he calls the riddling of - the roof) so anxious to take refuge in it from the ruins of his - own condemned and repudiated system, and where he actually took - refuge for four long years, as I have already stated. When I - first had the honor to meet the honorable senator in this body, - I found him not occupying the humble but comfortable half-way - house, which has given him shelter from the storm for the last - four years, but a more lordly mansion, gaudy to look upon, but - altogether unsafe to inhabit; old, decayed, rat-eaten, which has - since tumbled to the ground with its own rottenness, devoted to - destruction alike by the indignation of man and the wrath of - heaven. Yet the honorable senator, unmindful of the past, and - heedless of the warnings of the present, which are still ringing - in his ears, will hear of nothing but the instant reconstruction - of this devoted edifice." - -Mr. Rives returned to the imputed cabal, washed his hands of it -entirely, and abjured all desire for a cabinet office, or any public -station, except a seat in the Senate: thus: - - "I owe it to myself, Mr. President, before I close, to say one - or two words in regard to this gorgon of a cabal, which the - senator tells us, upon the authority of dame Rumor, has been - formed to break up the cabinet, to dissolve the whig party, and - to form a new or third party. Although the senator was pleased - to acquit me of being a member of this supposed cabal, he yet - seemed to have some lurking jealousies and suspicions in his - mind on the subject. I will tell the honorable senator, then, - that I know of no such cabal, and I should really think that - I was the last man that ought to be suspected of any wish or - design to form a new or third party. I have shown myself at all - times restive under mere party influence and control from any - quarter. All party, in my humble judgment, tends, in its modern - degeneracy, to tyranny, and is attended with serious hazard of - sacrificing an honest sense of duty, and the great interests - of the country, to an arbitrary lead, directed by other aims. - I desire, therefore, to take upon myself no new party bonds, - while I am anxious to fulfil, to the fullest extent that a sense - of duty to the country will permit, every honorable engagement - implied in existing ones. In regard to the breaking up of the - cabinet, I had hoped that I was as far above the suspicion of - having any personal interest in such an event as any man. I - have never sought office, but have often declined it; and will - now give the honorable senator from Kentucky a full quit-claim - and release of all cabinet pretensions now and for ever. He may - rest satisfied that he will never see me in any cabinet, under - this or any other administration. During the brief remnant of my - public life, the measure of my ambition will be filled by the - humble, but honest part I may be permitted to take on this floor - in consultations for the common good." - -Mr. Rives finished with informing Mr. Clay of a rumor which he had -heard--the rumor of a dictatorship installed in the capitol, seeking -to govern the country, and to intimidate the President, and to bend -every thing to its own will, thus: - - "Having disposed of this rumor of a cabal, to the satisfaction, - I trust, of the honorable senator, I will tell him of another - rumor I have heard, which, I trust, may be equally destitute - of foundation. Rumor is busy in alleging that there is an - organized dictatorship, in permanent session in this capitol, - seeking to control the whole action of the government, in both - the legislative and executive branches, and sending deputation - after deputation to the President of the United States to teach - him his duty, and bring him to terms. I do not vouch for the - correctness of this rumor. I humbly hope it may not be true; but - if it should unfortunately be so, I will say that it is fraught - with far more danger to the regular and salutary action of our - balanced constitution, and to the liberties of the people, than - any secret cabal that ever has existed or ever will exist." - -The allusion, of course, was to Mr. Clay, who promptly disavowed -all knowledge of this imputed dictatorship. In this interlude -between Mr. Clay and Mr. Rives, both members of the same party, -the democratic senators took no part; and the subject was dropped, -to be followed by a little conversational debate, of kindred -interest, growing out of it, between Mr. Archer of Virginia, and Mr. -Clay--which appears thus in the Register of Debates: - - "Mr. ARCHER, in rising on the present occasion, did not intend - to enter into a discussion on the subject of the President's - message. He thought enough had been said on the subject by the - two senators who had preceded him, and was disposed, for his - part, to let the question be taken without any more debate. His - object in rising was to call the attention of the senator from - Kentucky to a certain portion of his remarks, in which he hoped - the senator, upon reflection, would see that the language used - by him had been too harsh. His honorable friend from Kentucky - had taken occasion to apply some very harsh observations to - the conduct of certain persons who he supposed had instigated - the President of the United States in the course he had taken - in regard to the bill for chartering the Fiscal Bank of the - United States. The honorable senator took occasion to disclaim - any allusion to his colleague [Mr. RIVES], and he would say - beforehand that he knew the honorable senator would except him - also. - - "Mr. CLAY said, certainly, sir!" - -This was not a parliamentary disclaimer, but a disclaimer from the -heart, and was all that Mr. Archer could ask on his own account; but -he was a man of generous spirit as well as of high sense of honor, -and taking up the case of his colleagues in the House, who seemed -to be implicated, and could not appear in the chamber and ask for -a disclaimer, Mr. Archer generously did so for them; but without -getting what he asked for. The Register says: - - "Mr. _Archer_. He would say, however, that the remarks of the - senator, harsh as they were, might well be construed as having - allusion to his colleagues in the other House. He (Mr. A.) - discharged no more than the duty which he knew his honorable - colleagues in the other House would discharge towards him were - an offensive allusion supposed to be made to him where he could - not defend himself, to ask of the honorable senator to make some - disclaimer as regarded them. - - "Mr. _Clay_ here said, no, no. - - "Mr. ARCHER. The words of the senator were: 'A low, vulgar, - and profligate cabal;' which the senator also designated as - a kitchen cabinet, had surrounded the President, and were - endeavoring to turn out the present cabinet. Now, who would the - public suppose to be that low and infamous cabal? Would the - people of the United States suppose it to be composed of any - other than those who were sent here by the people to represent - them in Congress? He asked the senator from Kentucky to say, in - that spirit of candor and frankness which always characterized - him, who he meant by that cabal, and to disclaim any allusion - to his colleagues in the other House, as he had done for his - colleague and himself in this body. - - "Mr. CLAY said, if the honorable senator would make an inquiry - of him, and stop at the inquiry, without going on to make an - argument, he would answer him. He had said this and he would - repeat it, and make no disclaimer--that certain gentlemen, - professing to be the friends, _par excellence_, of the President - of the United States, had put themselves in opposition to all - the leading measures of his administration. He said that rumor - stated that a cabal was formed, for the purpose of breaking down - the present cabinet and forming a new one; and that that cabal - did not amount to enough to make a corporal's guard. He did not - say who they were; but he spoke of rumor only. Now, he would ask - his friend from Virginia [Mr. ARCHER] if he never heard of that - rumor? If the gentleman would tell him that he never heard of - that rumor, it would give him some claims to an answer. - - "Mr. ARCHER confessed that he had heard of such a rumor, but he - never heard of any evidence to support it. - - "Mr. CLAY. I repeat it here, in the face of the country, that - there are persons who call themselves, _par excellence_, the - friends of John Tyler, and yet oppose all the leading measures - of the administration of John Tyler. I will say that the - gentleman himself is not of that cabal, and that his colleague - is not. Farther than that, this deponent saith not, and will not - say. - - "Mr. ARCHER. The gentleman has not adverted to the extreme - harshness of the language he employed when he was first up, - and he would appeal to gentlemen present for the correctness - of the version he (Mr. A.) had given of it. The gentleman said - there was a cabal formed--a vile kitchen cabinet--low and - infamous, who surrounded the President and instigated him to - the course he had taken. That was the language employed by the - honorable senator. Now suppose language such as this had been - used in the other branch of the national legislature, which - might be supposed to refer to him (Mr. A.) where he had not - an opportunity of defending himself; what would be the course - of his colleagues there? The course of those high-minded and - honorable men there toward him, would be similar to that he had - taken in regard to them. - - "Mr. CLAY. Mr. President, did I say one word about the - colleagues of the gentleman? I said there was a cabal formed for - the purpose of breaking down the present cabinet, and that that - cabal did not number a corporal's guard; but I did not say who - that cabal was, and do not mean to be interrogated. Any member - on this floor has a right to ask me if I alluded to him; but - nobody else has. I spoke of rumor only. - - "Mr. ARCHER said a few words, but he was not heard distinctly - enough to be reported. - - "Mr. CLAY. I said no such thing. I said there was a rumor--that - public fame had stated that there was a cabal formed for the - purpose of removing the cabinet, and I ask the gentleman if he - has not heard of that rumor? - - "Mr. ARCHER, after some remarks too low to be heard in the - gallery, said it was not the words the gentleman had quoted - to which he referred. It was the remark of the gentleman that - there was a low and infamous cabal--a vile kitchen cabinet--and - the gentleman knew that to his view there could not be a more - odious phrase used than kitchen cabinet--and that it was these - expressions that he wished an explanation of. - - "Mr. BERRIEN said it was the concurrent opinion of all the - senators around him, that the senator from Kentucky had spoken - of the cabal as a rumor, and as not coming within his own - knowledge. He hoped the senator would understand him in rising - to make this explanation. - - "Mr. ARCHER said he was glad to hear the disclaimer made by the - gentleman from Georgia, and he would therefore sit down, under - the conviction that the gentleman from Kentucky had made no such - blow at his colleagues of the other House, as he had supposed." - -Mr. Clay could not disclaim for the Virginia members of the -House--that is to say, for all those members. Rumor was too loud -with respect to some of them to allow him to do that. He rested upon -the rumor; and public opinion justified him in doing so. He named -no one, nor was it necessary. They soon named themselves by the -virulence with which they attacked him. - -The vote was taken on the bill over again, as required by the -constitution, and so far from receiving a two-thirds vote, it barely -escaped defeat by a simple majority. The vote was 24 to 24; and the -yeas and nays were: - - "YEAS--Messrs. Barrow, Bates, Bayard, Berrien, Choate, Clay - of Kentucky, Dixon, Evans, Graham, Henderson, Huntington, - Kerr, Mangum, Merrick, Miller, Morehead, Porter, Prentiss, - Preston, Simmons, Smith of Indiana, Southard, Tallmadge, White, - Woodbridge. - - "NAYS--Messrs. Allen, Archer, Benton, Buchanan, Calhoun, Clay - of Alabama, Clayton, Cuthbert, Fulton, King, Linn, McRoberts, - Mouton, Nicholson, Pierce, Rives, Sevier, Sturgeon, Tappan, - Walker, Williams, Woodbury, Wright, Young." - -The rejection of the bank bill gave great vexation to one side, and -equal exultation to the other. Hisses resounded from the galleries -of the Senate: the President was outraged in his house, in the -night, by the language and conduct of a disorderly crowd assembled -about it. Mr. Woodbury moved an inquiry into the extent of these two -disturbances, and their authors; and a committee was proposed to be -charged with the inquiry: but the perpetrators were found to be of -too low an order to be pursued, and the proceeding was dropped. Some -manifestations of joy or sorrow took place, however, by actors of -high order, and went into the parliamentary debates. Some senators -deemed it proper to make a complimentary visit to Mr. Tyler, on the -night of the reception of the veto message, and to manifest their -satisfaction at the service which he had rendered in arresting the -bank charter; and it so happened that this complimentary visit took -place on the same night on which the President's house had been -beset and outraged. It was doubtless a very consolatory compliment -to the President, then sorely assailed by his late whig friends; -and very proper on the part of those who paid it, though there were -senators who declined to join in it--among others, the writer of -this View, though sharing the exultation of his party. On the other -hand the chagrin of the whig party was profound, and especially that -of Mr. Clay, its chief--too frank and impetuous to restrain his -feelings, and often giving vent to them--generally bitterly, but -sometimes playfully. An occasion for a display of the latter kind -was found in the occasion of this complimentary visit of democratic -senators to the President, and in the offering of Mr. Woodbury's -resolution of inquiry into the disturbances; and he amusingly -availed himself of it in a brief speech, of which some extracts are -here given: - - "An honorable senator from New Hampshire [Mr. WOODBURY] proposed - some days ago a resolution of inquiry into certain disturbances - which are said to have occurred at the presidential mansion on - the night of the memorable 16th of August last. If any such - proceedings did occur, they were certainly very wrong and highly - culpable. The chief magistrate, whoever he may be, should be - treated by every good citizen with all becoming respect, if not - for his personal character, on account of the exalted office - he holds for and from the people. And I will here say, that I - read with great pleasure the acts and resolutions of an early - meeting, promptly held by the orderly and respectable citizens - of this metropolis, in reference to, and in condemnation of, - those disturbances. But, if the resolution had been adopted, I - had intended to move for the appointment of a select committee, - and that the honorable senator from New Hampshire himself should - be placed at the head of it, with a majority of his friends. And - will tell you why, Mr. President. I did hear that about eight or - nine o'clock on that same night of the famous 16th of August, - there was an irruption on the President's house of the whole - loco foco party in Congress; and I did not know but that the - alleged disorders might have grown out of or had some connection - with that fact. I understand that the whole party were there. - No spectacle, I am sure, could have been more supremely - amusing and ridiculous. If I could have been in a position in - which, without being seen, I could have witnessed that most - extraordinary reunion, I should have had an enjoyment which no - dramatic performance could possibly communicate. I think that - I can now see the principal _dramatis personae_ who figured in - the scene. There stood the grave and distinguished senator from - South Carolina-- - - ["Mr. CALHOUN here instantly rose, and earnestly insisted on - explaining; but Mr. CLAY refused to be interrupted or to yield - the floor.] - - "Mr. CLAY. There, I say, I can imagine stood the senator from - South Carolina--tall, careworn, with furrowed brow, haggard, and - intensely gazing, looking as if he were dissecting the last and - newest abstraction which sprung from metaphysician's brain, and - muttering to himself, in half-uttered sounds, 'This is indeed - a real crisis!' Then there was the senator from Alabama [Mr. - KING], standing upright and gracefully, as if he were ready to - settle in the most authoritative manner any question of order, - or of etiquette, that might possibly arise between the high - assembled parties on that new and unprecedented occasion. Not - far off stood the honorable senators from Arkansas and from - Missouri [Mr. SEVIER and Mr. BENTON], the latter looking at the - senator from South Carolina, with an indignant curl on his lip - and scorn in his eye, and pointing his finger with contempt - towards that senator [Mr. CALHOUN], whilst he said, or rather - seemed to say, 'He call himself a statesman! why, he has never - even produced a decent humbug!' - - ["Mr. BENTON. The senator from Missouri was not there."] - -Mr. Clay had doubtless been informed that the senator from Missouri -was one of the senatorial procession that night, and the readiness -with which he gave his remarks an imaginative turn with respect to -him, and the facility with which he went on with his scene, were -instances of that versatility of genius, and presence of mind, of -which his parliamentary life was so full, and which generally gave -him the advantage in sharp encounters. Though refusing to permit -explanations from Mr. Calhoun, he readily accepted the correction -from Mr. Benton--(probably because neither Mr. Benton, nor his -immediate friends, were suspected of any attempt to alienate Mr. -Tyler from his whig friends)--and continued his remarks, with great -apparent good humor, and certainly to the amusement of all except -the immediate objects of his attention. - - "Mr. CLAY. I stand corrected; I was only imagining what you - would have said if you had been there. Then there stood the - senator from Georgia [Mr. CUTHBERT], conning over in his mind - on what point he should make his next attack upon the senator - from Kentucky. On yonder ottoman reclined the other senator - from Missouri on my left [Mr. LINN], indulging, with smiles - on his face, in pleasing meditations on the rise, growth, and - future power of his new colony of Oregon. The honorable senator - from Pennsylvania [Mr. BUCHANAN], I presume, stood forward as - spokesman for his whole party; and, although I cannot pretend to - imitate his well-known eloquence, I beg leave to make an humble - essay towards what I presume to have been the kind of speech - delivered by him on that august occasion: - - "May it please your Excellency: A number of your present - political friends, late your political opponents, in company - with myself, have come to deposit at your Excellency's feet the - evidences of our loyalty and devotion; and they have done me the - honor to make me the organ of their sentiments and feelings. - We are here more particularly to present to your Excellency - our grateful and most cordial congratulations on your rescue - of the country from a flagrant and alarming violation of the - constitution, by the creation of a Bank of the United States; - and also our profound acknowledgments for the veto, by which - you have illustrated the wisdom of your administration, and so - greatly honored yourself. And we would dwell particularly on - the unanswerable reasons and cogent arguments with which the - notification of the act to the legislature had been accompanied. - We had been, ourselves, struggling for days and weeks to arrest - the passage of the bill, and to prevent the creation of the - monster to which it gives birth. We had expended all our logic, - exerted all our ability, employed all our eloquence; but in - spite of all our utmost efforts, the friends of your Excellency - in the Senate and House of Representatives proved too strong for - us. And we have now come most heartily to thank your Excellency, - that you have accomplished for us that against your friends, - which we, with our most strenuous exertions, were unable to - achieve." - -After this pleasant impersonation of the Pennsylvania senator, Mr. -Clay went on with his own remarks. - - "I hope the senator will view with indulgence this effort to - represent him, although I am but too sensible how far it falls - short of the merits of the original. At all events he will - feel that there is not a greater error than was committed by - the stenographer of the Intelligencer the other day, when he - put into my mouth a part of the honorable senator's speech. I - hope the honorable senators on the other side of the chamber - will pardon me for having conceived it possible that, amidst - the popping of champagne, the intoxication of their joy, the - ecstasy of their glorification, they might have been the parties - who created a disturbance, of which they never could have been - guilty had they waited for their '_sober second thoughts_.' - I have no doubt the very learned ex-Secretary of the Treasury, - who conducted that department with such distinguished ability, - and such happy results to the country, and who now has such a - profound abhorrence of all the taxes on tea and coffee, though, - in his own official reports, he so distinctly recommended them, - would, if appointed chairman of the committee, have conducted - the investigation with that industry which so eminently - distinguishes him; and would have favored the Senate with a - report, marked with all his accustomed precision and ability, - and with the most perfect lucid clearness." - -Mr. Buchanan, who had been made the principal figure in Mr. Clay's -imaginary scene, took his satisfaction on the spot, and balanced the -account by the description of another night scene, at the east end -of the avenue, not entirely imaginary if Dame Rumor may be credited -on one side of the question, as well as on the other. He said: - - "The honorable senator has, with great power of humor, and much - felicity of description, drawn for us a picture of the scene - which he supposes to have been presented at the President's - house on the ever-memorable evening of the veto. It was a happy - effort; but, unfortunately, it was but a fancy sketch--at least - so far as I am concerned. I was not there at all upon the - occasion. But, I ask, what scenes were enacted on that eventful - night at this end of the avenue? The senator would have no cause - to complain if I should attempt, in humble imitation of him, - to present a picture, true to the life, of the proceedings of - himself and his friends. Amidst the dark and lowering clouds of - that never-to-be-forgotten night, a caucus assembled in one of - the apartments of this gloomy building, and sat in melancholy - conclave, deploring the unhappy fate of the whig party. Some - rose, and advocated vengeance; 'their voice was still for war.' - Others, more moderate, sought to repress the ardent zeal of - their fiery compatriots, and advised to peace and prudence. - It was finally concluded that, instead of making open war - upon Captain Tyler, they should resort to stratagem, and, in - the elegant language of one of their number, that they should - endeavor 'to head' him. The question was earnestly debated by - what means they could best accomplish this purpose; and it was - resolved to try the effect of the 'Fiscality' now before us. - Unfortunately for the success of the scheme, 'Captain Tyler' was - forewarned and forearmed, by means of a private and confidential - letter, addressed by mistake to a Virginia coffee-house. It is - by means like this that 'enterprises of great pith and moment' - often fail. But so desperately intent are the whig party still - on the creation of a bank, that one of my friends on this side - of the House told me that a bank they would have, though its - exchanges should be made in bacon hams, and its currency be - small patatoes." - -Other senators took the imaginary scene, in which they had been -made to act parts, in perfect good temper; and thus the debate on -the first Fiscal Bank charter was brought to a conclusion with more -amicability than it had been conducted with. - -In the course of the consideration of this bill in the Senate, a -vote took place which showed to what degree the belief of corrupt -practices between the old bank and members of Congress had taken -place. A motion was made by Mr. Walker to amend the Fiscal Bank bill -so as to prevent any member of Congress from borrowing money from -that institution. The motion was resisted by Mr. Clay, and supported -by democratic senators on the grounds of the corruptions already -practised, and of which repetitions might be expected. Mr. Pierce, -of New Hampshire, spoke most fully in favor of the motion, and said: - - "It was idle--if it were not offensive, he would say absurd--for - gentlemen to discourse here upon the _incorruptibility_ of - members of Congress. They were like other men--and no better, - he believed no worse. They were subject to like passions, - influenced by like motives, and capable of being reached by - similar _appliances_. History affirmed it. The experience of - past years afforded humiliating evidence of the fact. Were - we wiser than our fathers? Wiser than the most sagacious and - patriotic assemblage of men that the world ever saw? Wiser - than the framers of the constitution? What protection did they - provide for the country against the _corruptibility_ of members - of Congress? Why, that no member should hold any office, however - humble, which should be created, or the emoluments of which - should be increased, during his term of service. How could - the influence of a petty office be compared with that of the - large _bank accommodations_ which had been granted and would be - granted again? And yet they were to be told, that in proposing - this guard for the whole people, they were fixing an ignominious - brand upon themselves and their associates. It seemed to him, - that such remarks could hardly be serious; but whether sincere - or otherwise, they were not legislating for themselves--not - legislating for _individuals_--and he felt no apprehension - that the mass, whose rights and interests were involved, would - consider themselves aggrieved by such a _brand_. - - "The senator from Pennsylvania [Mr. BUCHANAN] while pressing - his unanswerable argument in favor of the provision, remarked, - that should this bill become a law, no member of Congress - 'having a proper sense of delicacy and honor,' with the - question of _repeal_ before him, could accept a loan from the - Bank. That question of 'delicacy and honor' was one to which - he (Mr. P.) did not choose now to address himself. He would, - however, be guided by the light of experience, and he would - take leave to say, that that light made the path before him, - upon this proposition, perfectly luminous. By no vote of his - should a provision be stricken from this bill, the omission - of which would tend to establish a corrupt and corrupting - influence--secret and intangible--in the very bosom of the two - Houses whose province and duty it would be to pass upon that - great question of _repeal_. What had taken place was liable to - occur again. Those who were now here and those who would succeed - to their places, were not more virtuous, not more secure from - the approach of venality, not more elevated above the influence - of _certain appliances_, than their predecessors. Well, what did - history teach in relation to the course of members of Congress - during that most extraordinary struggle between the Bank and the - people for supremacy, which convulsed the whole continent from - 1831 to 1834? - - "He rose chiefly to advert to that page of history, and whether - noticed here or not, it would be noticed by his constituents, - who, with their children, had an infinitely higher stake in this - absorbing question than members of Congress, politicians, or - bankers. - - "He read from the bank report presented to the Senate in - 1834, by the present President of the United States, 'Senate - Documents, second session, twenty-third Congress,' p. 320. - From that document it appeared that in 1831 there was loaned - to fifty-nine members of Congress, the sum of three hundred - and twenty-two thousand one hundred and ninety-nine dollars. - In 1832, the year when the bank charter was arrested by the - veto of that stern old man who occupied the house and hearts - of his countrymen, there was loaned to fifty-four members of - Congress, the sum of four hundred and seventy-eight thousand and - sixty-nine dollars. In 1833, the memorable panic year, there was - loaned to fifty-eight members, three hundred and seventy-four - thousand seven hundred and sixty-six dollars. In 1834, hope - began to decline with the Bank, and so, also, did its line of - discounts to members of Congress; but even in that year the loan - to fifty-two members amounted to two hundred and thirty-eight - thousand five hundred and eighty-six dollars. - - "Thus in four years of unparalleled political excitement, - growing out of a struggle with the people for the mastery, - did that institution grant accommodations to two hundred and - twenty-three of the people's representatives, amounting to the - vast sum of one million four hundred and thirteen thousand six - hundred and twenty dollars. He presented no argument on these - facts. He would regard it not merely as supererogation, but an - insult to the intelligence of his countrymen. A tribunal of - higher authority than the executive and Congress combined, would - pass upon the question of 'delicacy and honor,' started by the - senator from Pennsylvania, and it would also decide whether in - the bank to loan was dangerous or otherwise. He indulged no - fears as to the decision of the tribunal in the last resort--the - sovereign people." - -Mr. Clay remarked that the greater part of these loans were made -to members opposed to the bank. Mr. Buchanan answered, no doubt of -that. A significant smile went through the chamber, with inquiries -whether any one had remained opposed? The yeas and nays were called -upon the question--and it was carried; the two Virginia senators, -Messrs. Archer and Rives, and Mr. Preston, a Virginian by birth, -voting with the democracy, and making the vote 25 yeas to 24 nays. -The yeas were: Messrs. Allen, Archer, Benton, Buchanan, Calhoun, -Clay of Alabama, Cuthbert, Fulton, King, Linn, McRoberts, Mouton, -Nicholson, Pierce, Preston, Rives, Sevier, Smith of Connecticut, -Sturgeon, Tappan, Walker, Williams, Woodbury, Wright and Young. The -nays were: Messrs. Barrow, Bates, Berrien, Choate, Clay of Kentucky, -Clayton, Dixon, Evans, Graham, Henderson, Huntingdon, Leeds Kerr, -Mangum, Merrick, Miller, Morehead, Phelps, Porter, Simmons, Smith -of Indiana, Southard, Tallmadge, White, Woodbridge. This vote, -after the grounds on which the question was put, was considered an -explicit senatorial condemnation of the bank for corrupt practices -with members of Congress. - - - - -CHAPTER LXXXI. - -SECOND FISCAL AGENT: BILL PRESENTED: PASSED: DISAPPROVED BY THE -PRESIDENT. - - -This second attempt at a fiscal bill has two histories--one public -and ostensible--the other secret and real: and it is proper to write -them both, for their own sakes, and also to show in what manner the -government is worked. The public history will be given first, and -will be given exclusively from a public source--the debates of -Congress. We begin with it as it begins there--an extemporaneous -graft upon a neglected bill lying on the table of the House of -Representatives. Early in the session a bill had been brought in -from a select committee on the "currency," which had not been -noticed from the time of its introduction. It seemed destined to -sleep undisturbed upon the table to the end of the session, and -then to expire quietly upon lapse of time. Soon after the rejection -of the first fiscal under the qualified veto of the President, -Mr. Sergeant of Pennsylvania moved the House (when in that state -which is called Committee of the Whole) to take up this bill for -consideration: which was done as moved. Mr. Sergeant then stated -that, his intention was to move to amend that bill by striking out -the whole of it after the enacting clause, and inserting a new bill, -which he would move to have printed. Several members asked for the -reading of the new bill, or a statement of its provisions; and Mr. -Sergeant, in compliance with these requests, stood up and said: - - "That, as several inquiries had been made of him with regard to - this bill, he would now proceed to make a short statement, to - show in what respects it differed from that recently before this - House. He would say, first, that there were two or three verbal - errors in this bill, and there were words, in two or three - places, which he thought had better have been left out, and - which were intended to have been omitted by the committee. There - were several gentlemen in the present Congress who entertained - extreme hostility to the word 'bank,' and, as far as he was - concerned, he felt every disposition to indulge their feelings; - and he had therefore endeavored throughout this bill to avoid - using the word 'bank.' If that word anywhere remained as - applicable to the being it was proposed to create by this law, - let it go out--let it go out. Now the word 'corporation' sounded - well, and he was glad to perceive it gave pleasure to the House. - At all events, they had a new _word_ to fight against. Now the - difference between this bill and that which passed this House - some days ago, would be seen by comparison. The present differed - from the other principally in three or four particulars, and - there were some other parts of the bill which varied, in minor - particulars, from that which had been before the House a few - days ago. Those differences gentlemen would have no difficulty - in discovering and understanding when the bill should have - been printed. He would now proceed to answer the inquiries of - gentlemen in reference to this bill. Mr. S. then stated the - following as the substantial points of difference between the - two bills: - - "1. The capital in the former bill was thirty millions, with - power to extend it to fifty millions. In this bill twenty-one - millions, with power to extend it to thirty-five millions. 2. - The former bill provided for offices of discount and deposit. - In this there are to be agencies only. 3. The dealings of the - corporation are to be confined to buying and selling foreign - bills of exchange, including bills drawn in one State or - territory, and payable in another. There are to be no discounts. - 4. The title of the corporation is changed." - -This was Friday, the 20th of August. The next day--the bill offered -in amendment by Mr. Sergeant having been printed and the House -gone into committee--that member moved that all debate upon it in -committee of the whole should cease at 4 o'clock that afternoon, -and then proceed to vote upon the amendments which might be -offered, and report those agreed upon to the House. And having -moved this in writing, he immediately moved the previous question -upon it. This was sharp practice, and as new as sharp. It was then -past 12 o'clock. Such rapidity of proceeding was a mockery upon -legislation, and to expose it as such, Mr. Roosevelt of New York -moved to amend the time by substituting, instanter, for 4 o'clock, -remarking that they might as well have no time for discussion as -the time designated. Several members expressing themselves to -the same effect, Mr. Sergeant extended the time to 4 o'clock on -Monday evening. The brevity of the time was still considered by -the minority, and justly, as a mockery upon legislation; and their -opinions to that effect were freely expressed. Mr. Cave Johnson -asked to be excused from voting on Mr. Sergeant's resolution, giving -for the reason that the amendment was a new bill just laid upon the -table of members, and that it would be impossible for them to act -understandingly upon it in the short time proposed. Mr. Charles -Brown of Pennsylvania also asked to be excused from voting, saying -that the amendment was a bill of thirty-eight printed pages--that it -had only been laid upon their tables ten minutes when the motion to -close the debate at 4 o'clock was made--and that it was impossible -to act upon it with the care and consideration due to a legislative -act, and to one of this momentous importance, and which was to -create a great fiscal corporation with vast privileges, and an -exclusive charter for twenty years. Mr. Rhett of South Carolina -asked to be in like manner excused, reducing his reasons to writing, -in the form of a protest. Thus: - - "1. Because the rule by which the resolution is proposed is - a violation of the spirit of the Constitution of the United - States, which declares that the freedom of speech and of the - press shall not be abridged by any law of Congress. 2. Because - it destroys the character of this body as a deliberative - assembly: a _right_ to deliberate and discuss measures being - no longer in Congress, but with the majority only. 3. Because - it is a violation of the rights of the people of the United - States, through their representatives, inherited from their - ancestors, and enjoyed and practised time immemorial, to speak - to the taxes imposed on them, when taxes are imposed. 4. Because - by the said rule, a bill may be taken up in Committee of the - Whole, be immediately reported to the House, and, by the aid of - the previous question, be passed into a law, without one word of - debate being permitted or uttered. 5. Because free discussion of - the laws by which the people are governed, is not only essential - to right legislation, but is necessary to the preservation of - the constitution, and the liberties of the people; and to fear - or supress it is the characteristic of tyrannies and tyrants - only. 6. Because the measure proposed to be forced through - the House within less than two days' consideration is one - which deeply affects the integrity of the constitution and the - liberties of the people; and to pass it with haste, and without - due deliberation, would evince a contemptuous disregard of - either, and may be a fatal violation of both." - -Besides all other objections to this rapid legislation, it was -a virtual violation of the rules of the House, made under the -constitution, to prevent hasty and inconsiderate, or intemperate -action; and which requires a bill to be read three times, each time -on a different day, and to be voted upon each time. Technically an -amendment, though an entire new bill, is not a bill, and therefore, -is not subject to these three readings and votings: substantially -and truly, such an amendment is a bill; and the reason of the rule -would require it to be treated as such. - -Other members asked to be excused from voting; but all being denied -that request by an inexorable majority, Mr. Pickens of South -Carolina stood up and said: "It is now manifest that the House does -not intend to excuse any member from voting. And as enough has been -done to call public attention to the odious resolution proposed to -be adopted, our object will have been attained: and I respectfully -suggest to our friends to go no further in this proceeding!" Cries -of "agreed! agreed!" responded to this appeal; and the motion of Mr. -Sergeant was adopted. He, himself, then spoke an hour in support -of the new bill--one hour of the brief time which was allowed for -discussion. Mr. Wise occupied the remainder of the evening against -the bill. On Monday, on resuming its consideration, Mr. Turney -of Tennessee moved to strike out the enacting clause--which, if -done, would put an end to the bill. The motion failed. Some heated -discussion took place, which could hardly be called a debate on the -bill; but came near enough to it to detect its fraudulent character. -It was the old defunct Bank of the United States, in disguise, to -come to life again in it. That used-up concern was then in the hands -of justice, hourly sued upon its notes, and the contents collected -upon execution; and insolvency admitted. It could not be named in -any charter: no reference could be made to it by name. But there -was a provision in the amended bill to permit it to slip into full -life, and take the whole benefit of the new charter. Corporations -were to be allowed to subscribe for the stock: under that provision -she could take all the stock--and be herself again. This, and other -fraudulent provisions were detected: but the clock struck four! and -the vote was taken, and the bill passed--125 to 94. The title of -the original bill was then amended to conform to its new character; -and, on the motion of Mr. Sergeant was made to read in this wise: -"_An act to provide for the better collection, safe keeping, and -disbursement of the public revenue, by means of a corporation to -be styled the Fiscal Corporation of the United States._" Peals of -laughter saluted the annunciation of this title; and when it was -carried to the Senate, as it immediately was, for the concurrence of -that body, and its strange title was read out, ridicule was already -lying in wait for it; and, under the mask of ridicule, an attack was -made upon its real character, as the resuscitation of Mr. Biddle's -bank: and Mr. Benton exclaimed-- - - "Heavens what a name! long as the moral law--half sub-treasury, - and half national bank--and all fraudulent and deceptive, to - conceal what it is; and entirely too long. The name is too - long. People will never stand it. They cannot go through all - that. We must have something shorter--something that will do for - every day use. Corporosity! that would be a great abridgment; - but it is still too long. It is five syllables, and people - will not go above two syllables, or three at most, and often - hang at one, in names which have to be incontinently repeated. - They are all economical at that, let them be as extravagant as - they may be in spending their money. They will not spend their - breath upon long names which have to be repeated every day. - They must have something short and pointed; and, if you don't - give it to them, they will make it for themselves. The defunct - Fiscal Bank was rapidly taking the title of fiscality; and, by - alliteration, rascality; and if it had lived, would soon have - been compendiously and emphatically designated by some brief and - significant title. The Fiscal Corporation cannot expect to have - better luck. It must undergo the fate of all great men and of - all great measures, overburdened with titles--it must submit to - a short name. There is much virtue in a name; and the poets tell - us there are many on whose conception Phoebus never smiled, - and at whose birth no muse, or grace, was present. In that - predicament would seem to be this intrusive corporosity, which - we have received from the other House, and sent to our young - committee, and which has mutation of title without alteration - of substance, and without accession of euphony, or addition of - sense. Some say a name is nothing--that a rose by any other - name would smell as sweet. So it will; and a thorn by any other - name would stick as deep. And so of these fiscals, whether to - be called banks or corporations. They will still be the same - thing--a thorn in our side--but a short name they must have. - This corporosity must retrench its extravagance of title. - - "I go for short names, and will give reasons for it. The people - will have short names, although they may spoil a fine one; and - I will give you an instance. There was a most beautiful young - lady in New Orleans some years ago, as there always has been, - and still are many such. She was a _Creole_, that is to say, - born in this country, of parents from Europe. A gentleman who - was building a superb steamboat, took it into his head to honor - this young lady, by connecting her name with his vessel; so he - bestowed upon it the captivating designation of LA BELLE CREOLE. - This fine name was painted in golden letters on the sides of his - vessel; and away she went, with three hundred horse power, to - Kentucky and Ohio. The vessel was beautiful, and the name was - beautiful, and the lady was beautiful; but all the beauty on - earth could not save the name from the catastrophe to which all - long titles are subjected. It was immediately abbreviated, and, - in the abbreviation, sadly deteriorated. At first, they called - her the _bell_--not the French _belle_, which signifies fine - or beautiful--but the plain English _bell_, which in the Holy - Scriptures, was defined to be a tinkling cymbal. This was bad - enough; but worse was coming. It so happens that the vernacular - pronunciation of _creole_, in the Kentucky waters, is cre-owl; - so they began to call this beautiful boat the _cre-owl_! but - things did not stop here. It was too extravagant to employ two - syllables when one would answer as well, and be so much more - economical; so the first half of the name was dropped, and - the last retained; and thus _La Belle Creole_--the beautiful - creole--sailed up and down the Mississippi all her life by the - name, style, title, and description of, THE OWL! (Roars of - laughing in the Senate, with exclamations from several, that it - was a good name for a bank--that there was an Owl-Creek Bank in - Ohio once, now dead and insolvent, but, in its day, as good as - the best.) - - "Mr. B. continued. I do not know whether owl will do for this - child of long name, and many fathers; but we must have a name, - and must continue trying till we get one. Let us hunt far and - wide. Let us have recourse to the most renowned AEsop and his - fables, and to that one of his fables which teaches us how an - old black cat succeeded in getting at the rats again after - having eaten up too many of them, and become too well known, - under her proper form, to catch any more. She rolled herself - over in a meal tub--converted her black skin into white--and - walked forth among the rats as a new and innocent animal that - they had never seen before. All were charmed to see her! but a - quick application of teeth and claws to the throats and bellies - of the rats, let them see that it was their old acquaintance, - the black cat; and that whitening the skin did not alter the - instincts of the animal, nor blunt the points of its teeth and - claws. The rats, after that, called her the meal-tub cat, and - the mealy cat. May we not call this corporosity the meal-tub - bank? A cattish name would certainly suit it in one particular; - for, like a cat, it has many lives, and a cat, you know, must - be killed nine times before it will die; so say the traditions - of the nursery; and of all histories the traditions of children - are the most veracious. They teach us that cats have nine lives. - So of this bank. It has been killed several times, but here it - is still, scratching, biting, and clawing. Jackson killed it in - 1832; Tyler killed it last week. But this is only a beginning. - Seven times more the _Fates_ must cut the thread of its hydra - life before it will yield up the ghost. - - "The meal tub! No insignificant, or vulgar name. It lives in - history, and connects its fame with kings and statesmen. We all - know the Stuarts of England--an honest and bigoted race in the - beginning, but always unfortunate in the end. The second Charles - was beset by plots and cabals. There were many attempts, or - supposed attempts to kill him; many plots against him, and some - very ridiculous; among the rest one which goes by the name of - the meal-tub plot; because the papers which discovered it were - found in the meal-tub where the conspirators, or their enemies, - had hid them. - - "Sir, I have given you a good deal of meal this morning; but you - must take more yet. It is a _fruitful_ theme, and may give us a - good name before we are done with it. I have a reminiscence, as - the novel writers say, and I will tell it. When a small boy, I - went to school in a Scotch Irish neighborhood, and learnt many - words and phrases which I have not met with since, but which - were words of great pith and power; among the rest shake-poke. - (Mr. ARCHER: I never heard that before.) Mr. BENTON: but you - have heard of poke. You know the adage: do not buy a pig in the - poke; that is to say, in the bag; for poke signifies bag, or - wallet, and is a phrase much used in the north of England, and - among the Scotch Irish in America. A pig is carried to market in - a poke, and if you buy it without taking it out first, you may - be 'taken in.' So corn is carried to a mill in a poke, and when - brought home, ground into meal, the meal remains in the poke, in - the houses of poor families, until it is used up. When the bag - is nearly empty, it is turned upside down, and shaken; and the - meal that comes out is called the shake-poke, that is to say, - the last shake of the bag. By an easy and natural metaphor, this - term is also applied to the last child that is born in a family; - especially if it is puny or a rickety concern. The last child, - like the last meal, is called a shake-poke; and may we not call - this _fiscalous corporation_ a shake-poke also, and for the same - reason? It is the last--the last at all events for the session! - it is the last meal in their bag--their shake-poke! and it is - certainly a rickety concern. - - "I do not pretend to impose a name upon this bantling; that - is a privilege of paternity, or of sponsorship, and I stand - in neither relation to this babe. But a name of brevity--of - brevity and significance--it must have; and, if the fathers and - sponsors do not bestow it, the people will: for a long name is - abhorred and eschewed in all countries. Remember the fate of - John Barebone, the canting hypocrite in Cromwell's time. He - had a very good name, John Barebone; but the knave composed a - long verse, like Scripture, to sanctify himself with it, and - intituled himself thus:--'Praise God, Barebone, for if Christ - had not died for you, you would be damned, Barebone.' Now, this - was very sanctimonious; but it was too long--too much of a good - thing--and so the people cut it all off but the last two words, - and called the fellow '_damned Barebone_,' and nothing else but - damned Barebone, all his life after. So let this corporosity - beware: it may get itself damned before it is done with us, and - Tyler too." - -The first proceeding in the Senate was to refer this bill to a -committee, and Mr. Clay's select committee would naturally present -itself as the one to which it would go: but he was too much -disgusted at the manner in which his own bill had been treated to be -willing to take any lead with respect to this second one; and, in -fact, had so expressed himself in the debate on the veto message. -A motion was made to refer it to another select committee, the -appointing of which would be in the President of the Senate--Mr. -Southard, of New Jersey. Mr. Southard, like Mr. Sergeant, was the -fast friend of the United States Bank, to be revived under this -bill; and like him conducted the bill to the best advantage for -that institution. Mr. Sergeant had sprung the bill, and rushed it -through, backed by the old bank majority, with a velocity which -distanced shame in the disregard of all parliamentary propriety and -all fair legislation. He had been the attorney of the bank for many -years, and seemed only intent upon its revivification--no matter -by what means. Mr. Southard, bound by the same friendship to the -bank, seemed to be animated by the same spirit, and determined to -use his power in the same way. He appointed exclusively the friends -of the bank, and mostly of young senators, freshly arrived in the -chamber. Mr. King, of Alabama, the often President of the Senate -_pro tempore_, and the approved expounder of the rules, was the -first--and very properly the first--to remark upon the formation of -this one-sided committee; and to bring it to the attention of the -Senate. He exposed it in pointed terms. - - "Mr. KING observed, that in the organization of committees by - Congress, the practice had been heretofore invariable--the - usage uniform. The first business, on the meeting of each - House, after the selection of officers and organizing, was to - appoint the various standing committees. In designating those - to whom the various subjects to which it is proposed to call - the attention of Congress shall be referred, the practice - always has been to place a majority of the friends of the - administration on each committee. This is strictly correct, - in order to insure a favorable consideration of the various - measures which the administration may propose to submit to - their examination and decision. A majority, however, of the - friends of the administration, is all that has heretofore been - considered either necessary or proper to be placed on those - committees; and in every instance a minority of each committee - consists of members supposed to be adverse to the measures of - the dominant party. The propriety of such an arrangement cannot - fail to strike the mind of every senator. All measures should be - carefully examined; objections suggested; amendments proposed; - and every proposition rendered as perfect as practicable before - it is reported to the House for its action. This neither can, - nor will, be controverted. In the whole of his [Mr. KING's] - congressional experience, he did not know of a single instance - in which this rule had been departed from, until now. But there - has been a departure from this usage, sanctioned by justice - and undeviating practice, which had given to it the force and - obligation of law; and he [Mr. KING] felt it to be his duty to - call the attention of the Senate to this most objectionable - innovation. Yesterday a bill was reported from the House of - Representatives for the chartering of a fiscal corporation. It - was immediately taken up, read twice on the same day, and, on - the motion of the senator from Georgia, ordered to be referred - to a select committee. This bill embraced a subject of the - greatest importance, one more disputed upon constitutional - grounds, as well as upon the grounds of expediency, than any - other which has ever agitated this country. This bill, of such - vast importance, fraught with results of the greatest magnitude, - in which the whole country takes the liveliest interest, either - for or against its adoption, has been hurried through the other - House in a few days, almost without discussion, and, as he [Mr. - K.], conceived, in violation of the principles of parliamentary - law, following as it did, immediately on the heels of a similar - bill, which had, most fortunately for the country, received the - veto of the President, and ultimately rejected by the Senate. - The rules of the Senate forbade him to speak of the action of - the other House on this subject as he could wish. He regretted - that he was not at liberty to present their conduct plainly - to the people, to show to the country what it has to expect - from the dominant party here, and what kind of measures may be - expected from the mode of legislation which has been adopted. - The fiscal corporation bill has, however, come to us, and he - [Mr. KING] and his friends, much as they were opposed to its - introduction or passage, determined to give it a fair and open - opposition. No objection was made to the motion of the senator - from Georgia to send it to a select committee, and that that - committee should be appointed by the presiding officer. The - President of the Senate made the selection; but, to his [Mr. - K.'s] great surprise, on reading the names this morning in - one of the public papers, he found they were all members of - the dominant party: not one selected for this most important - committee belongs to the minority in this body opposed to the - bill. Why was it, he [Mr. KING] must be permitted to ask, that - the presiding officer had departed from a rule which, in all - the fluctuations of party, and in the highest times of party - excitement, had never before been departed from? - - "There must have been a motive in thus departing from a course - sanctioned by time, and by every principle of propriety. It will - be for the presiding officer to state what that motive was. Mr. - King must be permitted to repeat, the more to impress it on the - minds of senators, that during more than twenty years he had - been in Congress, he had never known important committees to - be appointed, either standing or select, in which some member - of the then minority did not constitute a portion, until this - most extraordinary selection of a committee, to report on this - most important bill. Would it not [said Mr. KING] have been - prudent, as well as just, to have given to the minority a - fair opportunity of suggesting their objections in committee? - The friends of the measure would then be apprised of those - objections, and could prepare themselves to meet them. He [Mr. - KING] had not risen to make a motion, but merely to present this - extraordinary proceeding to the view of the Senate, and leave - it there; but, he believed, in justice to his friends, and to - stamp this proceeding with condemnation, he would move that two - additional members be added to the committee." - -The President of the Senate, in answer to the remarks of Mr. King, -read a rule from Jefferson's Manual in which it is said that, a bill -must be committed to its friends to improve and perfect it, and -not to its enemies who would destroy it. And under this rule Mr. -Southard said he had appointed the committee. Mr. Benton then stood -up, and said: - - "That is the _Lex Parliamentaria_ of England from which you - read, Mr. President, and is no part of our rules. It is English - authority--very good in the British Parliament, but not valid - in the American Senate. It is not in our rules--neither in the - rules of the House nor in those of the Senate; and is contrary - to the practice of both Houses--their settled practice for fifty - years. From the beginning of our government we have disregarded - it, and followed a rule much more consonant to decency and - justice, to public satisfaction, and to the results of fair - legislation, and that was, to commit our business to mixed - committees--committees consisting of friends and foes of the - measure, and of both political parties--always taking care that - the friends of the measure should be the majority; and, if it - was a political question, that the political party in power - should have the majority. This is our practice; and a wise and - good practice it is, containing all the good that there is in - the British rule, avoiding its harshness, and giving both sides - a chance to perfect or to understand a measure. The nature of - our government--its harmonious and successful action--requires - both parties to have a hand in conducting the public business, - both in the committees and the legislative halls; and this is - the first session at which committee business, or legislative - business, has been confined, or attempted to be confined, to one - political party. The clause which you read, Mr. President, I - have often read myself; not for the purpose of sending a measure - to a committee of exclusive friends, but to prevent it from - going to a committee of exclusive enemies--in fact to obtain for - it a mixed committee--such as the democracy has always given - when in power--such as it will again give when in power--and - such as is due to fair, decent, satisfactory, and harmonious - legislation." - -Mr. Benton, after sustaining Mr. King in his view of the rules -and the practice, told him that he was deceived in his memory in -supposing there had never been a one-sided committee in the Senate -before: and remarked: - - "That senator is very correct at all times; but he will not take - it amiss if I shall suggest to him that he is in error now--that - there has been one other occasion in which a one-sided committee - was employed--and that in a very important case--concerning - no less a power than Mr. Biddle's bank, and even Mr. Biddle - himself. I speak of the committee which was sent by this Senate - to examine the Bank of the United States in the summer of - 1834, when charged with insolvency and criminality by General - Jackson--charges which time have proved to be true--and when - the whole committee were of one party, and that party opposed - to General Jackson, and friendly to the bank. And what became - then of the rule of British parliamentary law, which has just - been read? It had no application then, though it would have - cut off every member of the committee; for not one of them was - favorable to the inquiry, but the contrary; and the thing ended - as all expected. I mention this as an instance of a one-sided - committee, which the senator from Alabama has overlooked, and - which deserves to be particularly remembered on this occasion, - for a reason which I will mention; and which is, that both these - committees were appointed in the same case--for the same Bank of - the United States--one to whitewash it--which it did; the other - to smuggle it into existence under a charter in which it cannot - be named. And thus, whenever that bank is concerned, we have to - look out for tricks and frauds (to say no more), even on the - high floors of national legislation." - -Mr. Buchanan animadverted with justice and severity upon the tyranny -with which the majority in the House of Representatives had forced -the bill through, and marked the fact that not a single democratic -member had succeeded in getting an opportunity to speak against -it. This was an unprecedented event in the history of parties in -America, or in England, and shows the length to which a bank party -would go in stifling the right of speech. In all great measures, -before or since, and in all countries possessing free institutions, -the majority has always allowed to the adversary the privilege of -speaking to the measures which were to be put upon them: here for -the first time it was denied; and the denial was marked at the -time, and carried at once into parliamentary history to receive the -reprobation due to it. This was the animadversion of Mr. Buchanan: - - "The present bill to establish a fiscal corporation was hurried - through the House of Representatives with the celerity, and, - so far as the democracy was concerned, with the silence of - despotism. No democratic member had an opportunity of raising - his voice against it. Under new rules in existence there, the - majority had predetermined that it should pass that body within - two days from the commencement of the discussion. At first, - indeed, the determination was that it should pass the first day; - but this was felt to be too great an outrage; and the mover was - graciously pleased to extend the time one day longer. Whilst - the bill was in Committee of the Whole, it so happened that, in - the struggle for the floor, no democratic member succeeded in - obtaining it; and at the destined hour of four in the afternoon - of the second day, the committee rose, and all further debate - was arrested by the previous question. The voice of that great - party in this country to which I am proud to belong, was, - therefore, never heard through any of its representatives in the - House against this odious measure. Not even one brief hour, the - limit prescribed by the majority to each speaker, was granted to - any democratic member." - -The bill went to the committee which had been appointed, without -the additional two members which Mr. King had suggested; and which -suggestion, not being taken up by the majority, was no further -pressed. Mr. Berrien, chairman of that committee, soon reported it -back to the Senate--without alteration; as had been foreseen. He -spoke two hours in its favor--concluding with the expression that -the President would give it his approval--founding that opinion -on the President's message at the commencement of the session--on -his veto message of the first fiscal bill--on the report of the -Secretary of the Treasury--and on this Secretary's subsequent -plan for a bank framed with the view to avoid his constitutional -objections. Mr. Clay declared his intention to vote for the bill, -not that it went as far as he could wish, but that it would go a -good distance--would furnish a sound national currency, and regulate -exchanges. Mr. Archer, who had voted against the first bank, and -who was constitutionally opposed to a national bank, made a speech -chiefly to justify his vote in favor of the present bill. It was -well known that no alteration would be permitted in the bill--that -it had been arranged out of doors, and was to stand as agreed -upon: but some senators determined to offer amendments, merely to -expose the character of the measure, to make attacks upon the most -vulnerable points; and to develope the spirit which conducted it. In -this sense Mr. Benton acted in presenting several amendments, deemed -proper in themselves, and which a foreknowledge of their fate would -not prevent him from offering. The whole idea of the institution -was, that it was to be a treasury bank; and hence the pertinacity -with which "fiscal," synonymous with treasury, was retained in all -the titles, and conformed to in all its provisions: and upon this -idea the offered amendments turned. - - "Mr. BENTON said he had an amendment to offer, which the Senate - would presently see was of great importance. It was, to strike - out from the ninth line of the first section the word 'States.' - It was in that provision assigning seventy thousand shares to - individual companies, corporations, or _States_. This was a new - kind of stockholders: a new description of co-partners with - stockjobbers in a banking corporation. States had no right to be - seduced into such company; he would therefore move to have them - struck out: let the word "States" be taken out of that line. To - comprehend the full force and bearing of this amendment it would - be necessary to keep in view that the sixteenth section of this - charter designates the Fiscal Corporation the Treasury of the - United States. It expressly says that-- - - "'All public moneys in deposit in said corporation, or - standing on its books to the credit of the _Treasurer_, - shall be taken and deemed to be _in the Treasury of the - United States_, and all payments made by the Treasurer - shall be in checks drawn on said corporation.' - - "Yes, sir! this _Fisc_ is to be the Treasury of the United - States; and the Treasury of the United States is to be converted - into a corporation, and not only forced into partnership with - individuals, companies, and corporations, but into joint stock - co-partnership with the States. The general government is to - appoint three directors, and the rest of the partners will - have the appointment of the other six. The corporators will - be two to one against the general government, and they will of - course have the control of the Treasury of this Union in their - hands. Now he was for sticking to the constitution, not only - in spirit and meaning, but to the letter; and the constitution - gives no authority to individuals, companies, corporations, and - States, to take the public Treasury of the Union out of the - hands of the general government. The general government alone, - and acting independently of any such control, is required by - the constitution to manage its own fiscal affairs. Here it - is proposed to retain only one-third of the control of this - Treasury in the hands of the general government--the other - two-thirds may fall exclusively into the hands of the States, - and thus the Treasury of the whole Union may be at the disposal - of such States as can contrive to possess themselves of the - two-thirds of the stock they are authorized to take. If it is - the object to let those States have the funds of the Treasury to - apply to their own use, the scheme is well contrived to attain - that end. He, however, was determined not to let that plan be - carried without letting the people know who were its supporters; - he should, therefore, demand the yeas and nays on his amendment." - -"Mr. BERRIEN explained that the objection raised against the -sixteenth section was merely technical. The words did not convert -the bank into the United States Treasury; they merely provided for -a conformity with laws regulating the lodgment and withdrawal of -Treasury funds. The question was then taken on the amendment, which -was rejected as follows: Yeas--Messrs. Allen, Benton, Buchanan, -Clay of Alabama, King, Linn, McRoberts, Mouton, Nicholson, Pierce, -Sevier, Smith of Connecticut, Sturgeon, Tappan, Walker, Woodbury, -Wright, and Young--18. Nays--Messrs. Archer, Barrow, Bates, Berrien, -Choate, Clay of Kentucky, Clayton, Dixon, Evans, Graham, Henderson, -Huntington, Kerr, Mangum, Merrick, Miller, Morehead, Phelps, Porter, -Prentiss, Preston, Rives, Simmons, Smith of Indiana, Southard, -Tallmadge, White, and Woodbridge--28." - -Mr. Benton then moved to strike out "corporations" from the -enumeration of persons and powers which should possess the faculty -of becoming stockholders in this institution, with the special view -of keeping out the Pennsylvania Bank of the United States, and whose -name could not be presented openly for a charter, or re-charter: - - "The late United States Bank had means yet to keep a cohort - of lawyers, agents, cashiers, and directors, who would not - lose sight of the hint, and who were panting to plunge their - hands into Uncle Sam's pocket. There was nothing to prevent - the corporators of the late United States Bank becoming the - sole owners of these two-thirds of the stock in the new - Fiscality. The sixteenth fundamental rule of the eleventh - section is the point where we are to find the constitutionality - of this Fiscality. The little pet banks of every State may be - employed as agents. This is a tempting bait for every insolvent - institution in want of Treasury funds to strain every nerve and - resort to every possible scheme for possessing themselves of - the control of the funds of the United States. This object was - to defeat such machinations. On this amendment he would demand - the yeas and nays. The question was then taken on the amendment, - and decided in the negative as follows: Yeas--Messrs. Allen, - Benton, Buchanan, Calhoun, Clay of Alabama, Fulton, King, Linn, - McRoberts, Mouton, Nicholson, Pierce, Rives, Sevier, Smith of - Connecticut, Sturgeon, Tappan, Walker, Woodbury, Wright, and - Young--21. Nays--Messrs. Archer, Barrow, Bates, Berrien, Choate, - Clay of Kentucky, Clayton, Dixon, Evans, Graham, Henderson, - Huntington, Kerr, Mangum, Merrick, Miller, Morehead, Phelps, - Porter, Prentiss, Preston, Simmons, Smith of Indiana, Tallmadge, - White, and Woodbridge--26." - -Mr. Rives objected to the exchange dealings which this fiscal -corporation was to engage in, as being discounts when the exchange -had some time to run. He referred to his former opinions, and -corrected a misapprehension of Mr. Berrien. He was opposed to -discounts in every form; while this bill authorizes discounts to any -amount on bills of exchange. He offered no amendment, but wished -to correct the misunderstanding of Mr. Berrien, who held that this -bill, in this particular, was identical with the amendment offered -to the first bill by Mr. Rives, and that it was in strict conformity -with the President's message. - - "Mr. BENTON fully concurred with the senator from Virginia - [Mr. RIVES], that cashing bills of exchange was just as much - a discounting operation as discounting promissory notes; it - was, in fact, infinitely worse. It was the greatest absurdity - in the world, to suppose that the flimsy humbug of calling - the discounting of bills of exchange--gamblers' kites, and - race-horse bills of exchange--a 'dealing in exchanges' within - the meaning of the terms used in the President's veto message. - As if the President could be bamboozled by such a shallow - artifice. Only look at the operation under this bill. A needy - adventurer goes to one of these agencies, and offers his - promissory note with securities, in the old-fashioned way, but - is told it cannot be discounted--the law is against it. The - law, however, may be evaded if he put his note into another - shape, making one of his sureties the drawer, and making the - other, who lives beyond the State line, his drawee, in favor - of himself, as endorser; and in that shape the kite will be - _cashed_, deducting the interest and a per centage besides in - the shape of exchange. Here is discount added to usury; and is - not that worse than discounting promissory notes?" - -The President had dwelt much upon "local discounts," confining the -meaning of that phrase to loans obtained on promissory notes. He did -not consider money obtained upon a bill of exchange as coming under -that idea--nor did it when it was an exchange of money--when it was -the giving of money in one place for money in another place. But -that true idea of a bill of exchange was greatly departed from when -the drawer of the bill had no money at the place drawn on, and drew -upon time, and depended upon getting funds there in time; or taking -up the bill with damages when it returned protested. Money obtained -that way was a discount obtained, and on far worse terms for the -borrower, and better for the bank, than on a fair promissory note: -and the rapacious banks forced their loans, as much as possible into -this channel. So that this fiscal bank was limited to do the very -thing it wished to do, and which was so profitable to itself and so -oppressive to the borrower. This, Mr. Tappan, of Ohio, showed in a -concise speech. - - "Mr. TAPPAN said, when senators on the other side declare that - this bank bill is intended to withhold from the corporation - created by it the power of making loans and discounts, he felt - himself bound to believe that such was their honest construction - of it. He was, however, surprised that any man, in the slightest - degree acquainted with the banking business of the country, who - had read this bill, should suppose that, under its provisions, - the company incorporated by it would not have unlimited power to - loan their paper and to discount the paper of their customers. - The ninth fundamental article says, that 'the said corporation - shall not, directly or indirectly, deal or trade in any thing - except foreign bills of exchange, _including bills or drafts - drawn in one State or Territory and payable in another_.' This - bill, in this last clause, sanctioned a mode of discounting - paper, and making loans common in the Western country. He spoke - of a mode of doing business which he had full knowledge of, and - he asked senators, therefore, to look at it. A man who wants a - loan from a bank applies to the directors, and is told, we can - lend you the money, but we do not take notes for our loans--you - must give us a draft; but, says the applicant, I have no funds - any where to draw upon; no matter, say the bankers, if your - draft is not met, or expected to be met, because you have no - funds, that need make no difference; you may pay it here, - _with the exchange_, when the time it has to run is out; so - the borrower signs a draft or bill of exchange on somebody in - New York, Philadelphia, or Baltimore, and pays the discount - for the time it has to run; when that time comes round, the - borrower pays into the bank the amount of his draft, with two, - four, six, or ten per cent., whatever the rate of exchange may - be, and the affair is settled, and he gets a renewal for sixty - days, by further paying the discount on the sum borrowed; and - if it is an accommodation loan, it it renewed from time to time - by paying the discount and exchange. Very few of the Western - banks, he believed, discounted notes; they found it much more - profitable to deal in exchange, as it is called; but this - dealing in exchange enables the banks to discount as much paper, - and to loan as much of their own notes, as the old-fashioned - mode of discounting; it is a difference in form merely, with - this advantage to the banks, that it enables them to get from - their customers ten or twelve per cent. on their loans, instead - of six, to which, in discounting notes, they are usually - restricted. How then, he asked, could senators say that this - bill did not give the power to make loans and discounts? He had - shown them how, under this law, both loans and discounts will be - made without limitation." - -Mr. Benton then went on with offering his amendments, and offered -one requiring all the stockholders in this corporation Fisc (which -was to be the Treasury of the United States), to be citizens of the -United States, for the obvious reason of preventing the national -treasury from falling under the control of foreigners. M. Berrien -considered the amendment unnecessary, as there was already a -provision that none but citizens of the United States should take -the original stock; and the only effect of the provision would -be to lessen the value of the stock. Mr. Benton considered this -provision as a fraudulent contrivance to have the appearance of -excluding foreigners from being stockholders while not doing so. -The prohibition upon them as original subscribers was nothing, when -they were allowed to become stockholders by purchase. His amendment -was intended to make the charter what it fraudulently pretended -to be--a bank owned by American citizens. The word "original" -would be a fraud unless the prohibition was extended to assignees. -And he argued that the senator from Georgia (Mr. Berrien), had -admitted the design of selling to foreigners by saying that the -value of the stock would be diminished by excluding foreigners -from its purchase. He considered the answer of the senator double, -inconsistent, and contradictory. He first considered the amendment -unnecessary, as the charter already confined original subscriptions -to our own citizens; and then considered it would injure the price -of the stock to be so limited. That was a contradiction. The fact -was, he said, that this bill was to resurrect, by smuggling, the -old United States Bank, which was a British concern; and that the -effect would be to make the British the governors and masters of our -treasury: and he asked the yeas and nays on his motion, which was -granted, and they stood--19 to 26, and were: YEAS--Messrs. Allen, -Benton, Buchanan, Clay of Alabama, Cuthbert, Fulton, King, Linn, -McRoberts, Mouton, Nicholson, Pierce, Sevier, Sturgeon, Tappan, -Walker, Woodbury, Wright, and Young--19. NAYS--Messrs. Archer, -Barrow, Bates, Berrien, Clay of Kentucky, Clayton, Dixon, Evans, -Graham, Henderson, Huntington, Kerr, Mangum, Merrick, Miller, -Morehead, Phelps, Porter, Prentiss, Preston, Rives, Simmons, Smith -of Indiana, Tallmadge, White, and Woodbridge--26. Considering this -a vital question, and one on which no room should be left for the -majority to escape the responsibility of putting the United States -Treasury in the hands of foreigners--even alien enemies in time of -war, as well as rival commercial competitors in time of peace--Mr. -Benton moved the same prohibition in a different form. It was to -affix it to the eleventh fundamental rule of the eleventh section -of the bill, which clothes the corporation with power to make rules -to govern the assignment of stock: his amendment was to limit these -assignments to American citizens. That was different from his first -proposed amendment, which included both original subscribers and -assignees. The senator from Georgia objected to that amendment as -unnecessary, because it included a class already prohibited as well -as one that was not. Certainly it was unnecessary with respect to -one class, but necessary with respect to the other--necessary in -the estimation of all who were not willing to see the United States -Treasury owned and managed by foreigners. He wished now to hear what -the senator from Georgia could say against the proposed amendment -in this form. Mr. Berrien answered: "He hoped the amendment would -not prevail. The original subscribers would be citizens of the -United States. To debar them from transferring their stock, would -be to lessen the value of the stock, which they rendered valuable -by becoming the purchasers of it." Mr. Benton rejoined, that his -amendment did not propose to prevent the original subscribers from -selling their stock, or any assignee from selling; the only design -of the amendment was to limit all these sales to American citizens; -and that would be its only effect if adopted. And as to the second -objection, a second time given, that it would injure the value -of the stock, he said it was a strange argument, that the paltry -difference of value in shares to the stockholders should outweigh -the danger of confiding the Treasury of the United States to -foreigners--subjects of foreign potentates. He asked the yeas, which -were granted--and stood--21 to 27: the same as before, with the -addition of some senators who had come in. These several proposed -amendments, and the manner in which they were rejected, completed -the exposure of the design to resuscitate the defunct Bank of the -United States, just as it had been, with its foreign stockholders, -and extraordinary privileges. It was to be the old bank revived, -disguised, and smuggled in. It was to have the same capital as the -old one--thirty-five millions: for while it said the capital was to -be twenty-one millions, there was a clause enabling Congress to add -on fourteen millions--which it would do as soon as the bill passed. -Like the old bank, it was to have the United States for a partner, -owning seven millions of the stock. The stock was all to go to the -old Bank of the United States; for the subscriptions were to be made -with commissioners appointed by the Secretary of the Treasury--who, -it was known, would appoint the friends of the old bank; so that -the whole subscription would be in her hands; and a charter for -her fraudulently and deceptiously obtained. The title of the bill -was fraudulent, being limited to the management of the "_public_" -moneys, while the body of it conferred all the privileges known to -the three distinct kinds of banks:--1. Circulation. 2. Exchange. 3. -Discount and deposit--the discount being in the most oppressive and -usurious form on inland and mere neighborhood bills of exchange, -declared by the charter to be foreign bills for the mere purpose of -covering these local loans. - - "Mr. WALKER moved an amendment, requiring that the bills in - which the Bank should deal should be drawn at short dates, - and on goods already actually shipped. It was negatived by - yeas and nays, as follows:--YEAS--Messrs. Allen, Benton, - Buchanan, Calhoun, Clay of Alabama, Fulton, King, Linn, - McRoberts, Mouton, Nicholson, Pierce, Rives, Sevier, Smith - of Connecticut, Sturgeon, Tappan, Walker, Woodbury, Wright, - and Young--21. NAYS--Messrs. Archer, Barrow, Bates, Berrien, - Choate, Clay of Kentucky, Clayton, Dixon, Evans, Graham, - Henderson, Huntington, Kerr, Mangum, Merrick, Miller, Morehead, - Phelps, Porter, Prentiss, Preston, Simmons, Smith of Indiana, - Southard, Tallmadge, White, and Woodbridge--27. Mr. ALLEN moved - an amendment to make the directors, in case of suspension, - personally liable for the debts of the bank. This was negatived - as follows: YEAS--Messrs. Allen, Benton, Buchanan, Clay of - Alabama, Cuthbert, Fulton, King, Linn, McRoberts, Mouton, - Nicholson, Pierce, Sevier, Smith of Connecticut, Sturgeon, - Tappan, Walker, Woodbury, Wright, and Young--20. NAYS--Messrs. - Archer, Barrow, Bates, Berrien, Choate, Clay of Kentucky, - Clayton, Dixon, Evans, Graham, Henderson, Huntington, Kerr, - Mangum, Merrick, Miller, Morehead, Phelps, Porter, Prentiss, - Preston, Rives, Simmons, Smith of Indiana, Southard, Tallmadge, - White, and Woodbridge--28." - -The character of the bill having been shown by the amendments -offered and rejected, there was no need to offer any more, and the -democratic senators ceased opposition, that the vote might be taken -on the bill: it was so; and the bill was passed by the standing -majority. Concurred in by the Senate without alteration, it was -returned to the House, and thence referred to the President for -his approval, or disapproval. It was disapproved, and returned to -the House, with a message stating his objections to it; where it -gave rise to some violent speaking, more directed to the personal -conduct of the President than to the objections to the bill stated -in his message. In this debate Mr. Botts, of Virginia, was the -chief speaker on one side, inculpating the President: Mr. Gilmer -of Virginia, and Mr. Proffit of Indiana, on the other were the -chief respondents in his favor. The vote being taken there appeared -103 for the bill, 80 against it--which not being a majority of -two-thirds, the bill was rejected: and so ends the public and -ostensible history of the second attempt to establish a national -bank at this brief session under the guise, and disguise, of a -misnomer: and a long one at that. - -The negative votes, when rejected on the final vote for want of -two-thirds of the House, were: - - "Messrs. Archibald H. Arrington, Charles G. Atherton, Linn - Banks, Benjamin A. Bidlack, Linn Boyd, David P. Brewster, Aaron - V. Brown, Charles Brown, William O. Butler, Patrick C. Caldwell, - John Campbell, Reuben Chapman, James G. Clinton, Walter Coles, - Richard D. Davis, John B. Dawson, Ezra Dean, Andrew W. Doig, Ira - A. Eastman, John C. Edwards, Joseph Egbert, Charles G. Ferris, - John G. Floyd, Charles A. Floyd, Joseph Fornance, James Gerry, - Thomas W. Gilmer, William O. Goode, Amos Gustine, William A. - Harris, John Hastings, Samuel L. Hays, Isaac E. Holmes, George - W. Hopkins, Jacob Houck, jr., George S. Houston, Edmund W. - Hubard, Robert M. T. Hunter, Charles J. Ingersoll, William - W. Irwin, William Jack, Cave Johnson, John W. Jones, George - M. Keim, Andrew Kennedy, Dixon H. Lewis, Abraham McClellan, - Robert McClellan, James J. McKay, John McKeon, Francis Mallory, - Albert G. Marchand, John Thompson Mason, James Mathews, William - Medill, John Miller, Peter Newhard, William Parmenter, Samuel - Patridge, Wm. W. Payne, Arnold Plumer, George H. Proffit, John - Reynolds, R. Barnwell Rhett, Lewis Riggs, James Rogers, Tristram - Shaw, Benjamin G. Shields, John Snyder, Lewis Steenrod, George - Sweney, Hopkins L. Turney, John Van Buren, Aaron Ward, Harvey M. - Watterson, John B. Weller, John Westbrook, James W. Williams, - Henry A. Wise, Fernando Wood." - - - - -CHAPTER LXXXII. - -SECRET HISTORY OF THE SECOND BILL FOR A FISCAL AGENT, CALLED FISCAL -CORPORATION: ITS ORIGIN WITH MR. TYLER: ITS PROGRESS THROUGH -CONGRESS UNDER HIS LEAD: ITS REJECTION UNDER HIS VETO. - - -Soon after the meeting of Congress in this extra session--in the -course of the first week of it--Mr. Gilmer, of Virginia, held a -conversation with a whig member of the House, in which he suggested -to him that "a couple of gentlemen of about their size," might -become important men in this country--leading men--and get the -control of the government. An explanation was requested--and -given. It was to withdraw Mr. Tyler from the whig party, and make -him the head of a third party, in which those who did it would -become chiefs, and have control in the administration. This was -the explanation; and the scheme was based, not upon any particular -circumstances, but upon a knowledge of Mr. Tyler's character and -antecedents: and upon a calculation that he would be dazzled with -the idea of being the head of a party, and let the government -fall into the hands of those who pleased him--his indolence, -and want of business habits disqualifying him for the labors of -administration. Democratic doctrines were to be the basis of the -new party, especially opposition to a national bank: but recruits -from all parties received. The whig member to whom this suggestion -for the third party was made, declined to have any thing to do with -it: nor was he further consulted. But his eyes were opened, and he -had to see; and he saw other whigs do what he would not. And he had -received a clue which led to the comprehension of things which he -did not see, and had got an insight that would make him observant. -But his lips were sealed under an injunction; and remained so, as -far as the public was concerned. I never heard him quoted for a -word on the subject; but either himself, or some one equally well -informed, must have given Mr. Clay exact information; otherwise he -could not have hit the nail on the head at every lick, as he did in -his replies to Mr. Rives and Mr. Archer in the debate on the first -veto message: as shown in the preceding chapter. - -The movement went on: Mr. Tyler fell into it: the new party -germinated, microscopically small; but potent in the President's -veto power. A national bank was the touchstone; and that involved -a courtship with the democracy--a breach with the whigs. The -democracy rejoiced, and patted Mr. Tyler on the shoulder--even -those who despised the new party: for they deemed it fair to avail -themselves of a treachery of which they were not the authors; and -felt it to be a retributive justice to deprive the whigs of the -fruits of a victory which they had won by log-cabin, coonskin, and -hard cider tactics; and especially to effect the deprivation in -the person of one whom they had taken from the democratic camp, -and set up against his old friends--the more annoying to them -because he could tell of their supposed misdeeds when he was one -of them. To break their heads with such a stick had retribution -in it, as well as gratification: and Mr. Tyler was greatly -extolled. To the whigs, it was a galling and mortifying desertion, -and ruinous besides. A national bank was their life--the vital -principle--without which they could not live as a party--the -power which was to give them power: which was to beat down their -adversaries--uphold themselves--and give them the political and the -financial control of the Union. To lose it, was to lose the fruits -of the election, with the prospect of losing the party itself. -Indignation was their pervading feeling; but the stake was too great -to be given up in a passion; and policy required the temporizing -expedient of conciliation--the proud spirit of Mr. Clay finding -it hard to bend to it; but yielding a little at first. The breach -with the whigs was resolved on: how to effect it without too much -rudeness--without a violence which would show him an aggressor as -well as a deserter--was the difficulty; and indirect methods were -taken to effect it. Newspapers in his interest--the _Madisonian_ at -Washington and _Herald_ at New York--vituperated the whig party, -and even his cabinet ministers. Slights and neglects were put upon -those ministers: the bank question was to complete the breach; but -only after a long management which should have the appearance of -keeping faith with the whigs, and throwing the blame of the breach -upon them. This brings us to the point of commencing the history of -the second fiscal bank bill, ending with a second veto, and an open -rupture between the President and the whigs. - -The beginning of the second bill was laid in the death of the first -one; as the seed of a separation from his cabinet was planted in -the same place. The first veto message, in rejecting one bill, gave -promise to accept another, and even defined the kind of bill which -the President could approve: this was encouraging to the whigs. But -that first veto was resolved upon, and the message for it drawn, -without consultation with his cabinet--without reference to them; -and without their knowledge--except from hearsay and accident. They -first got wind of it in street rumor, and in paragraphs in the -_Madisonian_, and in letters to the _New York Herald_: and got the -first knowledge of it from coming in upon the President while he -was drawing it. This was a great slight to his cabinet, and very -unaccountable to ministers who, only two short months before, -had been solicited to remain in their places--had been saluted -with expressions of confidence; and cheered with the declaration -that their advice and counsel would be often wanted. They felt the -slight of the neglected consultation, as well as the disappointment -in the rejected bill; but the President consoled them for the -disappointment (saying nothing about the slight) by showing himself -ready, and even impatient for another bill. This readiness for -another bill is thus related by Mr. Ewing, the Secretary of the -Treasury, in his letter of resignation of his office addressed to -the President; dated Sept. 11th, 1841: - - "On the morning of the 16th of August I called at your chamber, - and found you preparing the first veto message, to be despatched - to the Senate. The Secretary of War came in also, and you read a - portion of the message to us. He observed that though the veto - would create a great sensation in Congress, yet he thought the - minds of our friends better prepared for it than they were some - days ago, and he hoped it would be calmly received, especially - as it did not shut out all hope of a bank. To this you replied, - that you really thought that there ought to be no difficulty - about it; that you had sufficiently indicated the kind of a bank - you would approve, and that Congress might, if they saw fit, - pass such a bill in three days." - -Mr. Bell, the Secretary of War, referred to in the foregoing -statement of Mr. Ewing, thus gives his account of the same interview: - - "I called on the President on official business on the morning - of Monday the 16th of August, before the first veto message was - sent in. I found him reading the message to the Secretary of the - Treasury. He did me the honor to read the material passages to - me. Upon reading that part of it which treats of the superior - importance and value of the business done by the late Bank of - the United States in furnishing exchanges between different - States and sections of the Union, I was so strongly impressed - with the idea that he meant to intimate that he would have no - objection to a bank which should be restricted to dealing in - exchanges, that I interrupted him in the reading, and asked - if I was to understand (by what he had just read) that he - was prepared to give his assent to a bank in the District of - Columbia, with offices or agencies in the States, having the - privilege, without their assent, to deal in exchanges between - them, and in foreign bills. He promptly replied that he thought - experience had shown the necessity of such a power in the - government. And (after some further remarks favorable to such a - bill) expressed the opinion that nothing could be more easy than - to pass a bill which would answer all necessary purposes--that - it could be done in three days." - -Such are the concurrent statements of two of the cabinet; and Mr. -Alexander A. Stuart, a member of the House of Representatives from -Virginia, thus gives his statement to the same effect in his account -of the readiness of the President, amounting to anxiety, for the -introduction and passage of a second bill. - - "After the adjournment of the House (on the 16th of August), - Mr. Pearce of Maryland (then a representative in Congress, - now a senator) called at my boarding-house, and informed me - that he was induced to believe that there was still some hope - of compromising the difficulties between Congress and the - President, by adopting a bank bill on the basis of a proposition - which had been submitted by Mr. Bayard (Richard H.) in the - Senate, modified so as to leave out the last clause which - authorized the conversion of the agencies into offices of - discount and deposit on certain contingencies. He produced to me - a portion of the Senate journal, containing that proposition, - with the obnoxious clause crossed out with ink; and requested - me to visit the President and see if we could not adjust the - difficulty. At first I declined, but at length yielded to his - desire, and promised to do so. About 5 o'clock, I drove to the - President's house, but found him engaged with a distinguished - _democratic_ senator. This I thought rather a bad omen; but - I made known my wish for a private audience; which in a few - minutes was granted. This was the first occasion on which I - had ventured to approach the President on the subject. I made - known to him at once the object of my visit, and expressed the - hope that some measure might be adopted to heal the division - between himself and the whig party in Congress. I informed - him of the existence of the committee to which I referred, - and mentioned the names of those who composed it, and relied - on their age and known character for prudence and moderation, - as the best guarantees of the conciliatory spirit of the whig - party in Congress. He seemed to meet me in the proper temper, - and expressed the belief that a fair ground of compromise might - yet be agreed upon. I then made known what I had heard of his - opinions in regard to Mr. Bayard's proposition. He asked me if I - had it with me? I replied in the affirmative, and produced the - paper, which had been given to me by Mr. Pearce with the clause - struck out, as above stated. He read it over carefully, and - said it would do, making no objection whatever to the clause in - regard to the establishment of agencies in the several States - without their assent. But he said the capital was too large, and - referred to Mr. Appleton and Mr. Jaudon as authority to prove - that ten or fifteen millions would be enough. I objected that it - might hereafter be found insufficient; and as the charter had - twenty years to run, it might be as well to provide against a - contingency which would leave the government dependent on the - bank for permission to enlarge the capital; and to obviate the - difficulty I suggested the propriety of giving to Congress the - power to increase it as the public exigencies should require. To - this he assented; and by his direction I made the note on the - margin of the paper; 'capital to be 15 millions of dollars--to - be increased at the option of Congress when public interests - require.' The President then said: 'Now if you will send me this - bill I will sign it in twenty-four hours.' (After informing - the President that there was a statute in Virginia against - establishing agencies of foreign banks in the State, he said), - 'This must be provided for:' and he then took the paper and - wrote on the margin the following words, which were to come in - after the word 'or,' and before the word 'bank' in the first - line of the proposition of Mr. Bayard, (the blank line in this - paper), 'In case such agencies are forbidden by the laws of the - State.' I remonstrated against this addition as unnecessary, and - not meeting the objection; but he said: 'Let it stand for the - present; I will think about it.'--The President then instructed - me to go to Mr. Webster, and have the bill prepared at once; and - as I rose to leave him, after cautioning me not to expose him - to the charge of dictating to Congress, he held my right hand - in his left, and raising his right hand upwards, exclaimed with - much feeling: 'Stuart! if you can be instrumental in passing - this bill through Congress, I will esteem you the best friend I - have on earth.'" - -The original paper of Mr. Bayard, here referred to, with the -President's autographic emendations upon it, were in the possession -of Mr. Benton, and burnt in the conflagration of his house, books -and papers, in February, 1855. - -These statements from Messrs. Ewing, Bell, and Stuart are enough -(though others might be added) to show that Mr. Tyler, at the time -that he sent in the first veto message, was in favor of a second -bill--open and earnest in his professions for it--impatient for its -advent--and ready to sign it within twenty-four hours. The only -question is whether these professions were sincere, or only phrases -to deceive the whigs--to calm the commotion which raged in their -camp--and of which he was well informed--and to avert the storm -which was ready to burst upon him; trusting all the while to the -chapter of contingencies to swamp the bill in one of the two Houses, -or to furnish pretexts for a second veto if it should come back to -his hands. The progress of the narrative must solve the problem; -and, therefore, let it proceed. - -The 18th of August--the day on which Mr. Clay was to have spoken in -the Senate on the first veto message, and which subject was then -postponed on the motion of Mr. Berrien for reasons which he declined -to state--Mr. Tyler had a meeting with his cabinet, in which the -provisions of the new bill were discussed, and agreed upon--the two -members picked out (one in each House--Mr. Sergeant and Mr. Berrien) -to conduct it--the cabinet invited to stand by him (the President) -and see that the bill passed. Mr. Ewing gives this account, of this -days' work, in his letter of resignation addressed to the President. - - "I then said to you, 'I have no doubt that the House having - ascertained your views will pass a bill in conformity to - them, provided they can be satisfied that it would answer the - purposes of the Treasury, and relieve the country.' You then - said, 'cannot my cabinet see that this is brought about? You - must stand by me in this emergency. Cannot you see that a bill - passes Congress such as I can approve without inconsistency?' I - declared again my belief that such a bill might be passed. And - you then said to me, 'what do you understand to be my opinions? - State them: so that I may see that there is no misapprehension - about them.' I then said that I understood you to be of opinion - that Congress might charter a bank in the District of Columbia, - giving it its location here. To this you assented. That they - might authorize such bank to establish offices of discount and - deposit in the several States, with the assent of the States. - To this you replied, 'don't name discounts: they have been - the source of the most abominable corruptions, and are wholly - unnecessary to enable the bank to discharge its duties to the - country and the government.' I observed in reply that I was - proposing nothing, but simply endeavoring to state what I had - understood to be your opinion as to the powers which Congress - might constitutionally confer on a bank; that on that point I - stood corrected. I then proceeded to say that I understood you - to be of opinion that Congress might authorize such bank to - establish agencies in the several States, with power to deal in - bills of exchange, without the assent of the States, to which - you replied, 'yes, if they be foreign bills, or bills drawn - in one State and payable in another. That is all the power - necessary for transmitting the public funds and regulating - exchanges and the currency.' Mr. Webster then expressed, in - strong terms, his opinion that such a charter would answer - all just purposes of government and be satisfactory to the - people; and declared his preference for it over any which had - been proposed, especially as it dispensed with the assent of - the States to the creation of an institution necessary for - carrying on the fiscal operations of government. He examined - it at some length, both as to its constitutionality and its - influence on the currency and exchanges, in all which views you - expressed your concurrence, desired that such a bill should be - introduced, and especially that it should go into the hands - of some of your _friends_. To my inquiry whether Mr. Sergeant - would be agreeable to you, you replied that he would. You - especially requested Mr. Webster and myself to communicate with - Messrs. Berrien and Sergeant on the subject, to whom you said - you had promised to address a note, but you doubted not that - this personal communication would be equally satisfactory. - You desired us, also, in communicating with those gentlemen, - not to commit you personally, lest, this being recognized as - your measure, it might be made a subject of comparison to your - prejudice in the course of discussion. You and Mr. Webster then - conversed about the particular wording of the 16th fundamental - article, containing the grant of power to deal in exchanges, and - of the connection in which that grant should be introduced; you - also spoke of the name of the institution, desiring that _that_ - should be changed. To this I objected, as it would probably be - made a subject of ridicule, but you insisted that there was much - in a name, and this institution ought not to be called a bank. - Mr. Webster undertook to adapt it in this particular to your - wishes. Mr. Bell then observed to Mr. Webster and myself that we - had no time to lose; that if this were not immediately attended - to, another bill, less acceptable, might be got up and reported. - We replied that we would lose no time. Mr. Webster accordingly - called on Messrs. Berrien and Sergeant immediately, and I waited - on them by his appointment at 5 o'clock on the same day, and - agreed upon the principles of the bill in accordance with your - expressed wishes. And I am apprised of the fact, though it did - not occur in my presence, that after the bill was drawn up, and - before it was reported, it was seen and examined by yourself; - that your attention was specially called to the 16th fundamental - article: that on full examination you concurred in its - provisions: that at the same time its name was so modified as to - meet your approbation: and the bill was reported and passed, in - all essential particulars, as it was when it came through your - hands." - -The sixteenth fundamental article, here declared to have been -especially examined and approved by the President, was the part -of the bill on which he afterwards rested his objections to its -approval, and the one that had been previously adjusted to suit him -in the interview with Mr. Stuart: Mr. Sergeant, and Mr. Berrien -(mentioned as the President's choice to conduct the bill through -the two Houses), were the two members that actually did it; and -they did it with a celerity which subjected themselves to great -censure; but which corresponded with the President's expressed -desire to have it back in three days. Every part of the bill was -made to suit him. The title, about which he was so solicitous to -preserve his consistency, and about which his cabinet was so fearful -of incurring ridicule, was also adjusted to his desire. Mr. Bell -says of this ticklish point: "A name, he (the President) said, was -important. What should it be? Fiscal Institute would do." It was -objected to by a member of the cabinet, and Fiscal Bank preferred. -He replied, "there was a great deal in a name, and he did not want -the word bank to appear in the bill." Finally, Fiscal Corporation -was agreed upon. Other members of the cabinet, in their letters of -resignation, who were present on the 18th, when the bill was agreed -upon, corroborated the statement of Mr. Ewing, in all particulars. -Mr. Badger said, "It was then distinctly stated and understood -that such an institution (the plan before the cabinet) met the -approbation of the President, and was deemed by him free from -constitutional objections; that he desired (if Congress should deem -it necessary to act upon the subject during the session) that such -an institution should be adopted by that body, and that the members -of his cabinet should aid in bringing about that result: and Messrs. -Webster and Ewing were specially requested by the President to have -a communication on the subject with certain members of Congress. -In consequence of what passed at this meeting I saw such friends -in Congress as I deemed it proper to approach, and urged upon them -the passage of a bill to establish such an institution (the one -agreed upon), assuring them that I did not doubt it would receive -the approbation of the President. Mr. Bell is full and particular -in his statement, and especially on the point of constitutionality -in the 16th fundamental article--the reference to Mr. Webster on -that point--his affirmative opinion, and the concurrence of the -President in it. A part of the statement is here given--enough for -the purpose." - - "The President then gave the outline of such a bank, or fiscal - institution, as he thought he could sanction. It was to be in - the District of Columbia, to have the privilege of issuing - its own notes, receive moneys on deposit, and to deal in - bills of exchange between the States, and between the United - States and foreign states. But he wished to have the opinion - of his cabinet upon it. His own consistency and reputation - must be looked to. He considered his cabinet his friends, who - must stand by and defend whatever he did upon the subject. - He appealed particularly to Mr. Webster, for his opinion on - the point of consistency; and whether there was not a clear - distinction between the old bank of the United States--a bank of - discount and deposit--and the one he now thought of proposing; - and whether the constitutional question was not different. He - reminded us that in all his former speeches and reports, he - had taken the ground that Congress had no constitutional power - to charter a bank which had the power of local discount. Mr. - Webster pointed out the distinction between the two plans, which - appeared to be satisfactory to him." - -On the point of having himself understood, and all chance for -misunderstanding obviated, the President was very particular, and -requested Mr. Ewing to repeat what he (the President) had said. Mr. -Ewing did so; and having at one point deviated from the President's -understanding, he was stopped--corrected--set right; and then -allowed to go on to the end. Mr. Bell's own words must tell the rest. - - "The President said he was then understood. He requested Mr. - Webster particularly to communicate with the gentlemen (Messrs. - Sergeant and Berrien), who had waited upon him that morning, - and to let them know the conclusions to which he had come. He - also requested Mr. Ewing to aid in getting the subject properly - before Congress. He requested that they would take care not to - commit him by what they said to members of Congress, to any - intention to dictate to Congress. They might express their - confidence and belief that such a bill as had just been agreed - upon would receive his sanction; but it should be as matter - of inference from his veto message and his general views. He - thought he might request that the measure should be put into the - hands of some friend of his own upon whom he could rely. Mr. - Sergeant was named, and he expressed himself satisfied that he - should have charge of it. He also expressed a wish to see the - bill before it was presented to the House, if it could be so - managed." - -Thus instructed and equipped, the members of the cabinet went -forth as requested, and had such success in preparing a majority -of the members of each House for the reception of this Fiscal -Corporation bill, and for its acceptance also that it was taken -up to the exclusion of all business, hurried along, and passed -incontinently--as shown in the public history of the bill in the -preceding chapter; and with such disregard of decent appearances, -as drew upon the President's two conductors of the bill (Messrs. -Sergeant and Berrien) much censure at the time--to be vetoed, like -the first; and upon objections to that 16th fundamental rule, which -had been the subject of such careful consideration--of autographic -correction--clear understanding--and solemn ratification. And here -the opportunity occurs, and the occasion requires, the correction -of a misapprehension into which senators fell (and to the prejudice -of Mr. Berrien), the day he disappointed the public and the Senate -in putting off the debate on the first veto message, and taking up -the bankrupt bill. He declined to give a reason for that motion, -and suspicion assigned it to an imperious requisition on the part -of the senators who had taken the bankrupt act to their bosoms, and -who held the fate of Mr. Clay's leading measures in their hands. -It was afterwards known that this was a mistake, and that this -postponement, as well as the similar one the day before, were both -yielded to conciliate Mr. Tyler--to save him from irritation (for -he had a nervous terror of Mr. Clay's impending speech) while the -new bill was in process of concoction. This process was commenced -on the 16th of August, continued on the 17th, and concluded on the -18th. Mr. Clay consented to the postponement of his anti-veto speech -both on the 17th and on the 18th, not to disturb this concoction; -and spoke on the 19th--being the day after the prepared bill had -been completed, and confided to its sponsors in the House and -the Senate. All this is derived from Mr. Alexander A. Stuart's -subsequent publication, to comprehend which fully, his account of -his connection with the subject must be taken up from the moment -of his leaving the President's house, that night of the 16th; and -premising, that the whig joint committee of which he speaks, was -a standing little body of eminent whigs, whose business it was to -fix up measures for the action of the whole party in Congress. With -this preliminary view, the important statement of Mr. Stuart will be -given. - - "Upon leaving the President, I took a hack, and drove - immediately to Mr. Webster's lodgings, which were at the - opposite end of the city; but, unfortunately he was not at - home. I then returned to my boarding-house, where I told what - had transpired to my messmates, Mr. Summers, and others. After - tea I went to the meeting of the joint committee, of which I - have already spoken. I there communicated to Mr. Sergeant, - before the committee was called to order, what had occurred - between the President and myself. When the committee was first - organized there was a good deal of excitement, and difference of - opinion; and an animated debate ensued on various propositions - which were submitted. Finally I was invited by Mr. Sergeant to - state to the committee what had passed between the President - and myself; which I did, accompanied by such remarks as I - thought would have a tendency to allay excitement, and lead to - wise and dispassionate conclusions. After much deliberation, - the committee concluded to recommend to the whig party, in - both Houses of Congress, to accede to the President's views. A - difficulty was then suggested, that the veto message had been - made the order of the day at noon, and Mr. Clay had the floor; - and it was supposed that the debate might possibly assume such - a character as to defeat our purposes of conciliation. Mr. - Mangum at once pledged himself that Mr. Clay should offer no - obstacle to the adjustment of our difficulties; and engaged - to obtain his assent to the postponement of the orders of the - day, until we should have an opportunity of reporting to a - general meeting of the whig party, and ascertaining whether - they would be willing to accept a bank on the basis agreed on - by Mr. Tyler and myself--with this understanding the committee - adjourned. On the next day (17th of August) Mr. Mangum, with Mr. - Clay's assent, moved the postponement of the discussion of the - veto, and it was agreed to (see Senate Journal, p. 170): and - on the 18th of August the subject was again, with Mr. Clay's - concurrence, postponed, on the motion of Mr. Berrien. (Senate - Journal, p. 173.) During this time the whigs held their general - meeting, and agreed to adopt a bill on the President's plan; and - Mr. Sergeant and Mr. Berrien were requested to see that it was - properly drawn; and, if necessary, to seek an interview with the - President to be certain that there was no misunderstanding as to - his opinions. From this statement, confirmed by the journals of - the Senate, it will be seen with how much truth Mr. Tyler has - charged Mr. Clay with an intolerant and dictatorial spirit, and - a settled purpose to embarrass his administration. So far from - such being the fact, I state upon my own personal knowledge, - that Mr. Clay made every sacrifice consistent with honor and - patriotism, to avoid a rupture with Mr. Tyler. The result of - the labors of Messrs. Sergeant and Berrien, was the second - bank bill, which these distinguished jurists supposed to be in - conformity with the President's views." - -From this array of testimony it would seem certain that the -President was sincerely in favor of passing this second bill: but -this account has a _per contra_ side to it; and it is necessary to -give the signs and facts on the other side which show him against -it from the beginning. These items are:--1. The letters in the -_New York Herald_; which, from the accuracy with which they told -beforehand what the President was to do, had acquired a credit -not to be despised; and which foreshadowed the veto, lauding the -President and vituperating his cabinet. 2. A sinister rumor to that -effect circulating in the city, and countenanced by the new friends -who were intimate with the President. 3. The concourse of these at -his house. 4. The bitter opposition to it from the same persons in -the House and the Senate; a circumstance on which Mr. Clay often -remarked in debate, with a significant implication. 5. What happened -to Mr. Bell; and which was this: on the 17th day of August Mr. -Tyler requested him to make up a statement from the operations of -the war department (its receipts and disbursements) to show the -advantage of such a bank as they had agreed upon, and to be used as -an argument for it. Mr. Bell complied with alacrity, and carried -the statement to the President himself the same evening--expecting -to be thanked for his zeal and activity. Quite the contrary. "He -received the statements which I gave him (writes Mr. Bell) with -manifest indifference, and alarmed me by remarking that he began -to doubt whether he would give his assent (as I understood him) to -any bill." 6. What happened to Mr. Webster and Mr. Ewing, and which -is thus related by the latter in his letter of resignation to the -President: "You asked Mr. Webster and myself each to prepare and -present you an argument touching the constitutionality of the bill -(as agreed upon); and before those arguments could be prepared and -read by you, you declared, as I heard and believe, to gentlemen, -members of the House, that you would cut off your right hand rather -than approve it." 7. What passed between Mr. Wise and Mr. Thompson -of Indiana in the debate on the veto of this bill, and which thus -appears on the Congress Register: "Mr. Wise rose and said, that -he had _always_ felt perfectly assured that the President would -not sign a bank: that if he had been waked up at any hour of the -night he would have declared his opposition to a bank." To which -Mr. Thompson: "Then why not tell us so at once? Why all this -subterfuge and prevarication--this disingenuous and almost criminal -concealment? What labor, care, and anxiety he would have saved us." -8. Rumors that Mr. Tyler was endeavoring to defeat the bill while -on its passage. 9. Proof _point blanc_ to that effect. As this is -a most responsible allegation, it requires a clear statement and -exact proof; and they shall both be given. On the 25th of August, -after the bill had passed the House and was still before the Senate, -Mr. Webster wrote a letter to Messrs. Choate and Bates (the two -senators from Massachusetts) in which, speaking in the interest of -the President, and of his personal knowledge, he informed them that -the President had seen the rapid progress of the bill in the House -with regret, and wished it might have been postponed;--and advised -the whigs to press it no further; and justified this change in the -President on Mr. Botts' letter, which had just appeared. This is the -allegation, and here is the proof in the letter itself--afterwards -furnished for publication by Mr. Webster to the editors of the -_Madisonian_: - - "GENTLEMEN:--As you spoke last evening of the general policy of - the whigs, under the present posture of affairs, relative to the - bank bill, I am willing to place you in full possession of my - opinion on that subject. - - "It is not necessary to go further back, into the history of - the past, than the introduction of the present measure into the - House of Representatives. - - "That introduction took place, within two or three days, after - the President's disapproval of the former bill; and I have not - the slightest doubt that it was honestly and fairly intended as - a measure likely to meet the President's approbation. I do not - believe that one in fifty of the whigs had any sinister design - whatever, if there was an individual who had such design. - - "But I know that the President had been greatly troubled, in - regard to the former bill, being desirous, on one hand, to meet - the wishes of his friends, if he could, and on the other, to do - justice to his own opinions. - - "Having returned this first bill with objections, a new one was - presented in the House, and appeared to be making rapid progress. - - "_I know the President regretted this, and wished the whole - subject might have been postponed._ At the same time, I believed - he was disposed to consider calmly and conscientiously whatever - other measure might be presented to him. But in the mean time - Mr. Botts' very extraordinary letter made its appearance. Mr. - Botts is a whig of eminence and influence in our ranks. I need - not recall to your mind the contents of the letter. It is enough - to say, that it purported that the whigs designed to circumvent - their own President, to 'head him' as the expression was and to - place him in a condition of embarrassment. From that moment, I - felt that it was the duty of the whigs to forbear from pressing - the bank bill further, at the present time. I thought it was but - just in them to give decisive proof that they entertained no - such purpose, as seemed to be imputed to them. And since there - was reason to believe, that the President would be glad of time, - for information and reflection, before being called on to form - an opinion on another plan for a bank--a plan somewhat new to - the country--I thought his known wishes ought to be complied - with. I think so still. I think this is a course, just to the - President, and wise on behalf of the whig party. _A decisive - rebuke ought, in my judgment, to be given to the intimation, - from whatever quarter, of a disposition among the whigs to - embarrass the President._ This is the main ground of my opinion; - and such a rebuke, I think, would be found in the general - resolution of the party to postpone further proceedings on the - subject to the next session, now only a little more than three - months off. - - "The session has been fruitful of important acts.--The wants of - the Treasury have been supplied; provisions have been made for - fortifications, and for the navy; the repeal of the sub-treasury - has passed; the bankrupt bill, that great measure of justice and - benevolence, has been carried through; and the land bill seems - about to receive the sanction of Congress. - - "In all these measures, forming a mass of legislation, more - important, I will venture to say, than all the proceedings - of Congress for many years past, the President has cordially - concurred. - - "I agree, that the currency question is, nevertheless, the great - question before the country; but considering what has already - been accomplished, in regard to other things; considering the - difference of opinion which exists upon this remaining one; - and, considering, especially, that it is the duty of the whigs - effectually to repel and put down any supposition, that they - are endeavoring to put the President in a condition, in which - he must act under restraint or embarrassment, I am fully and - entirely persuaded, that the bank subject should be postponed - to the next session. I am gentlemen, your friend and obedient - servant. (Signed, Daniel Webster, and addressed to Messrs. - Choate and Bates, senators from Massachusetts, and dated, August - 25th, 1841.)" - -This is the proof, and leaves it indisputable that the President -undertook to defeat his own bill. No more can be said on that point. -The only point open to remark, and subject to examination, is the -reason given by Mr. Webster for this conduct in the President; -and this reason is found in Mr. Botts' letter--which had just -made its appearance. That letter might be annoyance--might be -offensive--might excite resentment: but it could not change a -constitutional opinion, or reverse a state policy, or justify a -President in breaking his word to his cabinet and to the party that -had elected him. It required a deeper reason to work such results; -and the key to that reason is found in the tack taken in the first -eight or nine days of the session to form a third party, breaking -with the whigs, settling back on the democracy, and making the bank -veto the point of rupture with one, the cement with the other, -the rallying points of the recruits, and the corner-stone of the -infant Tyler party. That was the reason: and all the temporizing and -double-dealing--pushing the bill forward with one hand, and pulling -back with the other--were nothing but expedients to avert or appease -the storm that was brewing, and to get through the tempest of his -own raising with as little damage to himself as possible. The only -quotable part of this letter was the phrase, "_Head Captain Tyler, -or die:_" a phrase quoted by the public to be laughed at--by Mr. -Webster, to justify Mr. Tyler's attempt to defeat his own bill, so -solemnly prepared and sent to the whigs, with a promise to sign it -in twenty-four hours if they would pass it. The phrase was fair -though it presented a ridiculous image. This "heading," applied to -a person signifies to check, or restrain; applied to animals (which -is its common use in the South and the West) is, to turn one round -which is running the wrong way, and make it go back to the right -place. Taken in either sense, the phrase is justifiable, and could -only mean checking Mr. Tyler in his progress to the new party, and -turning him back to the party that elected him Vice-president. As -for the "dying," that could imply no killing of persons, nor any -death of any kind to "Captain Tyler," but only the political death -of the whigs if their President left them. All this Mr. Webster knew -very well, for he was a good philologist, and knew the meaning of -words. He was also a good lawyer, and knew that an odious meaning -must be given to an innocent word when it is intended to make it -offensive. The phrase was, therefore, made to signify a design -to circumvent the President with a view to embarrass him--Mr. -Clay being the person intended at the back of Mr. Botts in this -supposed circumvention and embarrassment. But circumvent was not -the word of the letter, nor its synonyme; and is a word always used -in an evil sense--implying imposition, stratagem, cheat, deceit, -fraud. The word "heading" has no such meaning: and thus the imputed -offence, gratuitously assumed, makes its exit for want of verity. -Embarrassment is the next part of the offence, and its crowning -part, and fails like the other. Mr. Clay had no such design. That is -proved by Mr. Stuart, and by his own conduct--twice putting off his -speech--holding in his proud spirit until chafed by Mr. Rives--then -mollifying indignant language with some expressions of former regard -to Mr. Tyler. He had no design or object in embarrassing him. No -whig had. And they all had a life and death interest (political) in -conciliating him, and getting him to sign: and did their best to do -so. The only design was to get him to sign his own bill--the fiscal -corporation bill--which he had fixed up himself, title and all--sent -out his cabinet to press upon Congress--and desired to have it back -in three days, that he might sign it in twenty-four hours. The only -solution is, that he did not expect it to come back--that he counted -on getting some whigs turned against it, as tried without avail on -Messrs. Choate and Bates; and that he could appease the whig storm -by sending in the bill, and escape the performance of his promise -by getting it defeated. This is the only solution; and the fact is -that he would have signed no bank bill, under any name, after the -eighth or ninth day of the session--from the day that he gave into -the scheme for the third party, himself its head, and settling back -upon his _ci-devant_ democratic character. From that day a national -bank of any kind was the Jonas of his political ship--to be thrown -overboard to save the vessel and crew. - -And this is the secret history of the birth, life and death of the -second fiscal bank, called fiscal corporation--doomed from the first -to be vetoed--brought forward to appease a whig storm--sometimes -to be postponed--commended to the nursing care of some--consigned -to the strangling arts of others: but doomed to be vetoed when it -came to the point as being the corner-stone in the edifice of the -new party, and the democratic baptismal regeneration of Mr. Tyler -himself. - - - - -CHAPTER LXXXIII. - -THE VETO MESSAGE HISSED IN THE SENATE GALLERIES. - - -The Senate chamber, and its galleries, were crowded to their utmost -capacity to hear the reading of the veto message, and to witness -the proceedings to which it would give rise. The moment the reading -was finished hisses broke forth, followed by applauses. Both were -breaches of order, and contempts of the Senate; but the hisses most -so, as being contemptuous in themselves, independent of the rule -which forbids them, and as being also the causes of the applauses, -which are only contemptuous by virtue of the rule which forbids -manifestations of satisfaction as well as of dissatisfaction at -any thing done in the Senate: and because a right to applaud would -involve a right to judge; and, by implication, to condemn as well -as to approve. The President of the Senate heard a disturbance, and -gave the raps on the table to restore order: but Mr. Benton, who was -on the look-out for the outrage, was determined that it should not -go off with raps upon the table: he thought there ought to be raps -on the offenders, and immediately stood up and addressed the Chair. - - "Mr. President, there were hisses here, at the reading of - the presidential message. I heard them, sir, and I feel - indignant that the American President shall be insulted. I - have been insulted by the hisses of ruffians in this gallery, - when opposing the old Bank of the United States. While I am - here, the President shall never be insulted by hisses in this - hall. I ask for no such thing as clearing the galleries, but - let those who have made the disturbance be pointed out to - the sergeant-at-arms, and be turned out from the galleries. - Those who have dared to insult our form of government--for in - insulting this message they have insulted the President and our - form of government--those ruffians who would not have dared to - insult the King, surrounded by his guard, have dared to insult - the American President in the American Senate; and I move that - the sergeant-at-arms be directed to take them into custody." - -This motion of Mr. Benton was opposed by several senators, some -because they did not hear the disturbance, some because it was -balanced, being as much clapping as hissing; some because they were -in doubt about the power to punish for a contempt; and some from an -amiable indisposition to disturb the people who had disturbed the -Senate, and who had only yielded to an ebullition of feeling. This -sort of temporizing with an outrage to the Senate only stimulated -Mr. Benton to persevere in his motion; which he did until the object -was accomplished. The Register of Debates shows the following -remarks and replies; which are given here to show the value of -perseverance in such a case, and to do justice to the Senate which -protected itself: - - "Mr. RIVES regretted that any disturbance had taken place. He - doubted not but the senator thought he heard it, but must say, - in all sincerity, he did not hear the hiss. At all events, - it was so slight and of short duration, that the majority of - the Senate scarcely heard it. He hoped that no proceedings of - this kind would take place, and that this manifestation of - disturbance, when so deep an interest was felt, and which was so - immediately quieted, would be passed over. The general opinion - of the senators around him was, that the honorable senator was - mistaken. - - "Mr. BENTON. I am not mistaken--I am not. - - "Mr. RIVES. He hoped they would pass it by, as one of those - little ebullitions of excitement which were unavoidable, and - which was not offered to insult this body, or the President of - the United States. - - "Mr. BENTON heard the hisses, and heard them distinctly; if a - doubt was raised on it, he would bring the matter to a question - of fact, 'true or not true.' No man should doubt whether he - heard them or not. He came here this day prepared to see the - American President insulted by bank bullies; and he told his - friends that it had been done, and that they never could proceed - in action on a bank, when the American Senate would not be - insulted, either by hissing on one side, or clapping on the - other. He told them, if it was done, as sure as the American - President should be insulted this day, by bank ruffians, just - so sure he should rise in his place and move to have those - disturbers of the honor and dignity of the Senate brought to the - bar of the Senate. He would not move to clear the galleries, for - a thousand orderly people were there, who were not to be turned - out for the disturbance of a few ruffians. He would tell the - senator from Virginia that he (the senator) should hang no doubt - on his declaration; and if it were doubted, he would appeal to - senators near him. [Mr. WALKER. I will answer, most directly, - that I heard it, and I believe the same bully is going on now.] - A national bank (continued Mr. B.) is not, as yet, our master, - and shall not be; and he would undertake to vindicate the honor - of the Senate, from the outrages perpetrated on it by the - myrmidons of a national bank. Were the slaves of a national bank - to have the privilege of insulting the Senate, just as often - as a vote passed contrary to their wishes? It was an audacity - that must be checked--and checked before they went with arms in - their hands to fire on those who gave votes contrary to their - wishes, or assassinate them on their way home. He put the whole - at defiance--the entire bank, and its myrmidons. - - "Mr. PRESTON said if any thing had occurred in the gallery out - of order, it should be strictly inquired into and punished. - He himself did not hear the manifestations of disapprobation, - alluded to by the senators on the other side; but it was - sufficient for him that the senators heard it, or supposed - that they heard it. [Mr. BENTON. We did not _suppose_ we heard - it; we knew it.] In this case (continued Mr. P.), a formal - investigation should take place. It was a contempt of the - Senate, and, as a member of the Senate, he desired to see an - investigation--to see the charge fixed on some person, and if - properly sustained, to see punishment awarded. Manifestations of - praise or censure were eminently wrong, and eminently dangerous; - and it was due to every member of the Senate that they should - preserve the dignity of the body by checking it. He hoped, - therefore, if a formal motion was made, it would be discovered - who had caused the disturbance, and that they would be properly - punished. - - "Mr. BUCHANAN said this was a very solemn and momentous - occasion, which would form a crisis, perhaps, in the politics - of the country; and he should hope, as he believed that every - American citizen present in the galleries would feel the - importance of this crisis, and feel deeply sensible of the - high character to which every man, blessed with birth in this - free country, should aim. He heard, distinctly heard, the hiss - referred to by the senator from Missouri [Mr. BENTON], but he - was bound to say it was not loud and prolonged, but was arrested - in a moment, he believed partly from the senator rising, and - partly from the good sense and good feeling of the people in the - galleries. Under these circumstances, as it only commenced and - did not proceed, if he had the power of persuasion, he would ask - the senator from Missouri to withdraw his motion. - - "[Mr. BENTON. I never will, so help me God.] - - "He thought it better, far better, that they proceed to the - important business before them, under the consideration that - they should not be disturbed hereafter; and if they were, he - would go as far as the senator from Missouri in immediately - arresting it. He would much rather go on with the business in - hand. - - "Mr. LINN reminded the Senate that when the bank bill had passed - the Senate there was a loud manifestation of approbation in - the gallery, of which no notice was taken. He believed on the - present occasion there was approbation as well as hisses; but - both were instantly suppressed. He had distinctly heard both. - No doubt it was the promptness with which his colleague had got - up to check the disturbance, which had prevented it from going - further. He had no doubt some law ought to be passed making it - punishable to commit any outrage of this kind on either House of - Congress. - - "Mr. MERRICK thought with the senator from Pennsylvania, that - this was a very solemn occasion. There had been tokens of - assent and dissent. The President of the Senate at the moment - rapped very hard till order was restored. The disorder was but - momentary. He trusted some allowance would be made for the - excitement so natural on the occasion. - - "Mr. KING suggested the difficulty that might arise out of - pursuing the matter further. He had witnessed something of the - kind once before, and when the offender was brought to the bar, - great embarrassment was created by not knowing how to get rid - of him. He thought it would be better to pass over the matter - and proceed to the consideration of the message, or to the - appointment of a time for its consideration. - - "The CHAIR explained that having heard some noise, without - considering whether it was approbation or disapprobation, he had - called the Senate to order; but could not say that he had or had - not heard hisses. - - "Mr. RIVES explained that he did not mean to say the senator - from Missouri did not hear the hisses, but that he himself did - not hear them, and he believed many gentlemen around him did not - hear any. But as the senator from Missouri had avowedly come - prepared to hear them, no doubt he did, more sensitively than - others. He would ask the senator to be satisfied with the crush - which the mother of monsters had got, and not to bear too hard - on the solitary bank ruffian, to use his own expression, who had - disapproved of the monster's fate. He hoped the senator would - withdraw the motion. - - "Mr. LINN observed that the senator from Virginia, by his own - remarks, doubting that there were any hisses, had forced the - senator from Missouri to persist in having the proof. However, - he now understood that point was settled; and the object being - accomplished, he hoped his colleague would withdraw the motion. - - "Mr. PRESTON again expressed his concurrence in the propriety of - the motion, and hoped effectual steps would be taken to prevent - the recurrence of such a scene. - - "Mr. ALLEN made some appropriate remarks, and concluded by - stating that he understood the offender was in custody, and - expressed his sorrow for having done what he was not at the - time aware was an offence; as, therefore, all the ends had been - accomplished which his friend had in view when he refused to - withdraw his motion, he hoped he would now withdraw it. - - "Mr. WALKER said, when the senator from Missouri [Mr. BENTON] - pledged himself not to withdraw his motion to arrest the - individual who had insulted the Senate and the country by - hissing the message of the President of the United States, - that pledge arose from the doubt expressed by the senator from - Virginia [Mr. RIVES] whether the hissing had taken place. That - doubt was now solved. When the senator from Missouri appealed to - his friends as to the truth of the fact stated by him, he [Mr. - WALKER] had risen, and pointed to that portion of the gallery - from which the hissing proceeded. Our assistant Sergeant-at-Arms - had proceeded to that quarter of the gallery designated by him - [Mr. W.], and this officer had now in his possession one of the - offenders, who acknowledged his indecent conduct, and who was - prepared to point out many of those who had joined him. The - object of the senator was, therefore, now accomplished; the - fact of the indecorum was established, and the offender, as - moved by the senator from Missouri, was now in custody. This, - Mr. W. hoped, would be sufficient punishment, especially as - Mr. W. understood the offender expressed his penitence for the - act, as one of sudden impulse. As, then, the formal trial of - this individual would occupy much time, Mr. W. hoped the matter - would be dropped here, and let us proceed, as required by the - Constitution, to consider the message of the President returning - the bank bill, with his objections. This message, Mr. W. said, - he regarded as the most important which ever emanated from an - American President, and under circumstances the most solemn and - imposing. The President, in perfect and glorious consistency - with a long life of usefulness and honor, has placed his veto - upon the charter of a National Bank, and, Mr. W. said, his - heart was too full of gratitude to the Giver of all good for - this salvation of the country, and rescue of the Constitution, - to engage in the business of inflicting punishment upon an - individual, said to be respectable, and who had in part atoned - for his offence by the expression of his repentance. Let him go, - then, and sin no more, and let us proceed to the consideration - of that Veto Message, which he, Mr. W. had confidently predicted - at the very commencement of this session, and recorded that - opinion at its date in the journals of the day. Many then - doubted the correctness of this prediction, but, he, Mr. W. - whilst he stated at the time that he was not authorized to speak - for the President of the United States, based his conviction - upon his knowledge of Mr. TYLER as a man and a senator, and upon - his long and consistent opposition to the creation of any such - bank, as was now proposed to be established. - - "Mr. BENTON said he had been informed by one of the officers - of the Senate [Mr. BEALE] that one of the persons who made the - disorder in the gallery had been seized by him, and was now - in custody and in the room of the Sergeant-at-Arms. This the - officers had very properly done of their own motion, and without - waiting for the Senate's order. They had done their duty, and - his motion had thus been executed. His motion was to seize the - disorderly, and bring them to the bar of the Senate. One had - been seized; he was in custody in an adjoining room; and if he - was still acting contemptuously to the Senate, he should move - to bring him to the bar; but that was not the case. He was - penitent and contrite. He expressed his sorrow for what he had - done, and said he had acted without ill design, and from no - feelings of contempt to the President or Senate. Under these - circumstances, all was accomplished that his motion intended. - The man is in custody and repentant. This is sufficient. Let him - be discharged, and there is an end of the affair. His motion - now was that the President direct him to be discharged. Mr. B. - said he had acted from reflection, and not from impulse, in - this whole affair. He expected the President to be insulted: - it was incident to the legislation on national bank charters. - When they were on the carpet, the Senate, the President, and - the American people must all be insulted if the bank myrmidons - are disappointed. He told his family before he left home, that - the Senate and the President would be insulted by hisses in - the gallery this day, and that he would not let it pass--that - it would be an insult, not merely to the President and Senate, - but to the whole American people, and to their form of - government--and that it should not pass. He came here determined - to nip this business in the bud--and to prevent an insult to - the President in this chamber from being made a precedent for - it elsewhere. We all know the insolence of the national bank - party--we know the insolence of their myrmidons--we know that - President Tyler, who has signed this veto message, is subject - to their insults--beginning here, and following him wherever he - goes. He [Mr. B.] was determined to protect him here, and, in - doing so, to set the example which would be elsewhere followed. - He repeated: an insult to the President for an official act, - was not an insult to the man, but to the whole American people, - and to their form of government. Would these bank myrmidons - insult a king, surrounded by his guards? Not at all. Then they - should not insult an American President with impunity whenever - he was present. In the Senate or out of it, he would defend - the President from personal outrage and indignity. As to the - numerous and respectable auditory now present, his motion did - not reach them. He had not moved to clear the galleries; for - that would send out the respectable audience, who had conducted - themselves with propriety. The rule of order was "_to clear the - galleries_;" but he had purposely avoided that motion, because - the disorder came from a few, and the respectable part of the - audience ought not to suffer for an offence in which they had - no share. Mr. B. said the man being in custody, his motion was - executed and superseded; its object was accomplished, and, he - being contrite, he would move to discharge him. - - "The President of the Senate ordered him to be discharged." - - - - -CHAPTER LXXXIV. - -RESIGNATION OF MR. TYLER'S CABINET. - - -This event, with the exception of Mr. Webster who was prevailed upon -to remain, took place on the 11th day of September--being two days -after the second veto message--the one on the fiscal corporation -bill--had been sent to the House of Representatives. It was a thing -to take place in consequence of the President's conduct in relation -to that bill; but the immediate cause, or rather, the circumstance -which gave impulse to the other causes, was the appearance of a -letter from Washington city in the New York Herald in which the -cabinet was much vituperated--accused of remaining in their places -contrary to the will of the President, and in spite of the neglects -and slights which he put upon them with a view to make them resign. -Appearing in that paper, which had come to be considered as the -familiar of the President, and the part in relation to the slights -and neglects being felt to be true, it could not escape the serious -attention of those to whom it referred. But there was something else -in it which seemed to carry its origin directly to the President -himself. There was an account of a cabinet meeting in it, in which -things were told which were strictly confidential between the -President and his ministers--which had actually occurred; and which -no one but themselves or the President could have communicated. -They conferred together: the conviction was unanimous that the -President had licensed this communication: and this circumstance -authorized them to consider the whole letter as his, of course by -subaltern hand. To this letter Mr. Ewing alluded in his letter of -resignation when he said to the President: "The very secrets of -our cabinet councils made their appearance in an infamous paper, -printed in a neighboring city, the columns of which were daily -charged with flattery of yourself and foul abuse of your cabinet." -There was no exception in the letter in favor of any one. All were -equally included: all took their resolutions together (Mr. Granger -excepted who was not present), and determined to resign at once, and -in a body, and to publish their reasons--the circumstances under -which they acted justifying, in their opinion, this abrupt and -unceremonious separation from their chief. All carried this resolve -into effect, except Mr. Webster, who was induced to re-consider his -determination, and to remain. The reasons for this act should be -given, so far as they are essential, in the words of the retiring -ministers themselves: and, accordingly here they are; and first from -Mr. Ewing: - - "This bill, framed and fashioned according to your own - suggestions, in the initiation of which I and another member of - your cabinet were made by you the agents and negotiators, was - passed by large majorities through the two Houses of Congress, - and sent to you, and you rejected it. Important as was the part - which I had taken, at your request, in the origination of this - bill, and deeply as I was committed for your action upon it, - you never consulted me on the subject of the veto message. You - did not even refer to it in conversation, and the first notice - I had of its contents was derived from rumor. And to me, at - least, you have done nothing to wipe away the personal indignity - arising out of the act. I gathered, it is true, from your - conversation, shortly after the bill had passed the House, that - you had a strong purpose to reject it; but nothing was said like - softening or apology to me, either in reference to myself or - to those with whom I had communicated at your request, and who - had acted themselves and induced the two Houses to act upon the - faith of that communication. And, strange as it may seem, the - veto message attacks in an especial manner the very provisions - which were inserted at your request; and even the name of the - corporation, which was not only agreed to by you, but especially - changed to meet your expressed wishes, is made the subject of - your criticism. Different men might view this transaction in - different points of light, but, under these circumstances, as - a matter of personal honor, it would be hard for me to remain - of your counsel, to seal my lips and leave unexplained and - undisclosed where lies in this transaction the departure from - straightforwardness and candor. So far indeed from admitting - the encouragement which you gave to this bill in its inception, - and explaining and excusing your sudden and violent hostility - towards it, you throw into your veto message an interrogatory - equivalent to an assertion that it was such a bill as you had - already declared could not receive your sanction. Such is the - obvious effect of the first interrogatory clause on the second - page. It has all the force of an assertion without its open - fairness. I have met and refuted this, the necessary inference - from your language, in my preceding statement, the correctness - of which you I am sure will not call in question." - -Of the cause assigned for the President's change in relation to the -bill, namely Mr. Botts' letter, Mr. Ewing thus expresses himself: - - "And no doubt was thrown out on the subject (veto of the fiscal - corporation bill) by you, in my hearing, or within my knowledge, - until the letter of Mr. Botts came to your hands. Soon after the - reading of that letter, you threw out strong intimations that - you would veto the bill if it were not postponed. That letter I - did and do most unequivocally condemn, but it did not effect the - constitutionality of the bill, or justify you in rejecting it on - that ground; it could affect only the expediency of your action; - and, whatever you may now believe as to the scruples existing - in your mind, in this and in a kindred source there is strong - ground to believe they have their origin." - -Mr. Badger, Secretary of the Navy: - - "At the cabinet meeting held on the 18th of August last (the - attorney-general and the postmaster-general being absent), the - subject of an exchange bank, or institution, was brought forward - by the President himself, and was fully considered. Into the - particulars of what passed I do not propose now to enter. It - will be sufficient to say that it was then distinctly stated - and understood that such an institution met the approbation of - the President, and was deemed by him free of constitutional - objections; that he desired (if Congress should deem it - necessary to act upon the subject during the session) that - such an institution should be adopted by that body, and that - the members of his cabinet would aid in bringing about that - result; and Messrs. Webster and Ewing were specially requested - by the President to have a communication upon the subject with - certain members of Congress. In consequence of what passed at - this meeting, I saw such friends in Congress as I deemed it - proper to approach, and urged upon them the passage of a bill - to establish such an institution, assuring them that I did - not doubt it would receive the approbation of the President. - The bill was passed, as the public know, and was met by the - veto. Now, if the President, after the meeting of the 18th - August, had changed his mind as to the constitutional power of - Congress, and had come to doubt or deny what he had admitted in - that meeting (which is the most favorable interpretation that - can be put upon his conduct), it was, in my opinion, a plain - duty on his part to have made known to the gentlemen concerned - this change of sentiment--to have offered them an apology for - the unpleasant situation in which they were placed by his - agency--or, at least, to have softened, by a full explanation - of his motives, his intended veto of a measure in promoting - the success of which they, at his request, had rendered their - assistance. But this the President did not do. Never, from the - moment of my leaving his house on the 18th, did he open his - lips to me on the subject. It was only from the newspapers, - from rumor, from hearsay, I learned that he had denied the - constitutionality of the proposed institution, and had made the - most solemn asseverations that he would never approve a measure - which I knew was suggested by himself, and which had been, at - his own instance, introduced into Congress. It is scarcely - necessary to say that I have not supposed, and do not now - suppose, that a difference merely between the President and his - cabinet, either as to the constitutionality or the expediency - of a bank, necessarily interposes any obstacles to a full and - cordial co-operation between them in the general conduct of his - administration; and therefore deeply as I regretted the veto - of the first bill, I did not feel myself at liberty to retire - on that account from my situation. But the facts attending - the initiation and disapproval of the last bill made a case - totally different from that--one it is believed without a - parallel in the history of our cabinets; presenting, to say - nothing more, a measure embraced and then repudiated--efforts - prompted and then disowned--services rendered and then treated - with scorn or neglect. Such a case required, in my judgment, - upon considerations, private and public, that the official - relations subsisting between the President and myself should be - immediately dissolved." - -Mr. BELL, Secretary at War. - - "I called to see the President on official business on the - morning (Monday, 16th August) before the first veto message was - sent in. I found him reading the message to the Secretary of the - Treasury. He did me the honor to read the material passages to - me. Upon reading that part of it which treats of the superior - importance and value of the business done by the late bank of - the United States in furnishing exchanges between the different - States and sections of the Union, I was so strongly impressed - with the idea that he meant to intimate that he would have no - objection to a bank which should be restricted in dealing in - exchanges, that I interrupted him in the reading, and asked - if I was to understand, by what he had just read, that he - was prepared to give his assent to a bank in the District of - Columbia, with offices or agencies in the States, having the - privilege, without their assent, to deal in exchanges between - them, and in foreign bills. He promptly replied that he thought - experience had shown the necessity of such a power in the - government. I could not restrain the immediate expression of my - gratification upon hearing this avowal. I said to the President - at once, that what I had feared would lead to fatal dissension - among our friends, I now regarded as rather fortunate than - otherwise; that his veto of the bill then before him (the first - one), would lead to the adoption of a much better one. I also - congratulated him upon the happy circumstance of the delay which - had taken place in sending in his veto message. The heat and - violence which might have been expected if the veto had been - sent in immediately upon the passage of the bill, would now be - avoided. Time had been given for cool reflection, and as the - message did not exclude the idea of a bank in some form, no - unpleasant consequences would be likely to follow. He expressed - his great surprise that there should be so much excitement - upon the subject; said that he had had his mind made up on the - bill before him from the first, but had delayed his message - that there should be time for the excitement to wear off; that - nothing could be more easy than to pass a bill which would - answer all necessary purposes; that it could be done in three - days. The next day, having occasion to see the President again, - he requested me to furnish him with such information as the war - department afforded of the embarrassments attending the transfer - and disbursement of the public revenue to distant points on - the frontier, in Florida, &c. He at the same time requested - me to draw up a brief statement of my views upon the subject, - showing the practical advantages and necessity of such a fiscal - institution as he had thought of proposing. Such information - as I could hastily collect from the heads of the principal - disbursing bureaus of the department I handed to him on the - evening of the same day, knowing that time was of the utmost - importance in the state in which the question then was. He - received the statements I gave him with manifest indifference, - and alarmed me by remarking that he began to doubt whether he - would give his assent (as I understood him) to any bank." - -This was Mr. Bell's first knowledge of the second bill--all got from -the President himself, and while he was under nervous apprehension -of the storm which was to burst upon him. He goes on to detail the -subsequent consultations with his cabinet, and especially with Mr. -Webster, as heretofore given; and concludes with expressing the -impossibility of his remaining longer in the cabinet. - -Mr. CRITTENDEN, the attorney-general, resigned in a brief and -general letter, only stating that circumstances chiefly connected -with the fiscal agent bills, made it his duty to do so. His reserve -was supposed to be induced by the close friendly relation in which -he stood with respect to Mr. Clay. Palliation for Mr. Tyler's -conduct was attempted to be found by some of his friends in the -alleged hostility of Mr. Clay to him, and desire to brow-beat him, -and embarrass him. No doubt Mr. Clay was indignant, and justly so, -at the first veto, well knowing the cause of it as he showed in -his replies to Mr. Rives and Mr. Archer: but that was after the -veto. But even then the expression of his indignation was greatly -restrained, and he yielded to his friends in twice putting off his -speech on that first veto, that he might not disturb Mr. Tyler in -his preparation of the second bill. The interest at stake was too -great--no less than the loss of the main fruits of the presidential -election--for him to break voluntarily with Mr. Tyler. He restrained -himself, and only ceased his self-restraint, when temporizing would -no longer answer any purpose; and only denounced Mr. Tyler when he -knew that he had gone into the embraces of a third party--taken his -stand against any national bank as a means of reconciling himself -to the democracy--and substituted "_a secret cabal_" (which he -stigmatized as "_a kitchen cabinet_") in place of his constitutional -advisers. - -Two days after the appearance of those letters of resignation, -the whole of which came out in the National Intelligencer, Mr. -Webster published his reasons for not joining in that act with his -colleagues: and justice to him requires this paper to be given in -his own words. It is dated September 13th, and addressed to Messrs. -Gales and Seaton, the well reliable whig editors in Washington. - - "Lest any misapprehension should exist, as to the reasons - which have led me to differ from the course pursued by my late - colleagues, I wish to say that I remain in my place, first, - because I have seen no sufficient reasons for the dissolution - of the late cabinet, by the voluntary act of its own members. - I am perfectly persuaded of the absolute necessity of an - institution, under the authority of Congress, to aid revenue and - financial operations, and to give the country the blessings of - a good currency and cheap exchanges. Notwithstanding what has - passed, I have confidence that the President will co-operate - with the legislature in overcoming all difficulties in the - attainment of these objects; and it is to the union of the whig - party--by which I mean the whole party, the whig President, - the whig Congress, and the whig people--that I look for a - realization of our wishes. I can look nowhere else. In the - second place, if I had seen reasons to resign my office, I - should not have done so, without giving the President reasonable - notice, and affording him time to select the hands to which he - should confide the delicate and important affairs now pending in - this department." - -Notwithstanding the tone of this letter, it is entirely certain -that Mr. Webster had agreed to go out with his colleagues, and -was expected to have done so at the time they sent in their -resignations; but, in the mean while, means had been found to -effect a change in his determination, probably by disavowing -the application of any part of the New York Herald letter to -him--certainly (as it appears from his letter) by promising a -co-operation in the establishment of a national bank (for that is -what was intended by the blessings of a sound currency and cheap -exchanges): and also equally certain, from the same letter, that -he was made to expect that he would be able to keep all whiggery -together--whig President Tyler, whig members of Congress, and whig -people, throughout the Union. The belief of these things shows that -Mr. Webster was entirely ignorant of the formation of a third party, -resting on a democratic basis; and that the President himself was in -regular march to the democratic camp. But of all this hereafter. - -The reconstruction of his cabinet became the immediate care of -the President, and in the course of a month it was accomplished. -Mr. Walter Forward, of Pennsylvania, was appointed Secretary of -the Treasury; the department of War was offered to Mr. Justice -McLean of the Supreme Court of the United States, and upon his -refusal to accept the place, it was conferred upon John C. Spencer, -Esq., of New York; Mr. Abel P. Upshur, of Virginia, was appointed -Secretary of the Navy--Hugh S. Legare, Esq., of South Carolina, -Attorney-General--Charles A. Wickliffe, Esq., of Kentucky, -Postmaster-General. This cabinet was not of uniform political -complexion. Mr. Webster had been permanently of that party which, -under whatsoever name, had remained antagonistic to the democracy. -Mr. Forward came into public life democratic, and afterwards acted -with its antagonists: the same of Mr. Wickliffe and Mr. Spencer: Mr. -Upshur a whig, classed with Mr. Calhoun's political friends--Mr. -Legare the contrary, and democratic, and distinguished for -opposition to nullification, secession, and disunion. - - - - -CHAPTER LXXXV. - -REPUDIATION OF MR. TYLER BY THE WHIG PARTY: THEIR MANIFESTO: -COUNTER MANIFESTO BY MR. CALEB CUSHING. - - -The conduct of Mr. Tyler in relation to a national bank produced -its natural effect upon the party which had elected him--disgust -and revolt. In both Houses of Congress individual members boldly -denounced and renounced him. He seemed to be crushed there, for his -assailants were many and fierce--his defenders few, and feeble. But -a more formal act of condemnation, and separation was wanted--and -had. On the 11th day of September--the day of the cabinet -resignations, and two days after the transmission of the second -veto message--the whigs of the two Houses had a formal meeting to -consider what they should do in the new, anomalous, and acephalous -condition in which they found themselves. The deliberations were -conducted with all form. Mr. Senator Dixon of Rhode Island and Mr. -Jeremiah Morrow of Ohio--both of them men venerable for age and -character--were appointed presidents; and Messrs. Kenneth Rayner -of North Carolina, Mr. Christopher Morgan of New York, and Richard -W. Thompson of Indiana--all members of the House--were appointed -secretaries. Mr. Mangum of North Carolina, then offered two -resolutions: - - "1. That it is expedient for the whigs of the Senate and House - of Representatives of the United States to publish an address - to the people of the United States, containing a succinct - exposition of the prominent proceedings of the extra session - of Congress, of the measures that have been adopted, and those - in which they have failed, and the causes of such failure; - together with such other matters as may exhibit truly the - condition of the whig party and whig prospects. - - "2. That a committee of three on the part of the Senate, and - five on the part of the House, be appointed to prepare such - address, and submit it to a meeting of the whigs on Monday - morning next, the 13th inst., at half past 8 o'clock." - -Both resolutions were unanimously adopted, and Messrs. Berrien of -Georgia, Tallmadge of New York, and Smith of Indiana were appointed -on the part of the Senate; and Messrs. Everett of Vermont, Mason of -Ohio, Kennedy of Maryland, John C. Clark of New York, and Rayner of -North Carolina, on the part of the House. - -At the appointed time the meeting reassembled, and the committee -made their report. Much of it was taken up with views and -recommendations in relation to the general policy of the party: it -is only of what relates to the repudiation of Mr. Tyler that this -history intends to speak: for government with us is a struggle of -parties: and it is necessary to know how parties are put up, and -put down, in order to understand how the government is managed. -An opening paragraph of the address set forth that, for twelve -years the whigs had carried on a contest for the regulation of -the currency, the equalization of exchanges, the economical -administration of the finances, and the advancement of industry--all -to be accomplished by means of a national bank--declaring these -objects to be misunderstood by no one--and the bank itself held to -be secured in the presidential election, and its establishment the -main object of the extra session. The address then goes on to tell -how these cherished hopes were frustrated: - - "It is with profound and poignant regret that we find ourselves - called upon to invoke your attention to this point. Upon the - great and leading measure touching this question, our anxious - endeavors to respond to the earnest prayer of the nation have - been frustrated by an act as unlooked for as it is to be - lamented. We grieve to say to you that by the exercise of that - power in the constitution which has ever been regarded with - suspicion, and often with odium, by the people--a power which - we had hoped was never to be exhibited on this subject, by a - whig President--we have been defeated in two attempts to create - a fiscal agent, which the wants of the country had demonstrated - to us, in the most absolute form of proof, to be eminently - necessary and proper in the present emergency. Twice have we, - with the utmost diligence and deliberation, matured a plan - for the collection, safe-keeping and disbursing of the public - moneys through the agency of a corporation adapted to that end, - and twice has it been our fate to encounter the opposition - of the President, through the application of the veto power. - The character of that veto in each case, the circumstances in - which it was administered, and the grounds upon which it has - met the decided disapprobation of your friends in Congress, - are sufficiently apparent in the public documents and the - debates relating to it. This subject has acquired a painful - interest with us, and will doubtless acquire it with you, from - the unhappy developments with which it is accompanied. We are - constrained to say, that we find no ground to justify us in the - conviction that the veto of the President has been interposed - on this question solely upon conscientious and well-considered - opinions of constitutional scruple as to his duty in the case - presented. On the contrary, too many proofs have been forced - upon our observation to leave us free from the apprehension, - that the President has permitted himself to be beguiled into an - opinion that, by this exhibition of his prerogative, he might be - able to divert the policy of his administration into a channel - which should lead to new political combinations, and accomplish - results which must overthrow the present divisions of party in - the country; and finally produce a state of things which those - who elected him, at least, have never contemplated. We have seen - from an early period of the session, that the whig party did - not enjoy the confidence of the President. With mortification - we have observed that his associations more sedulously aimed - at a free communion with those who have been busy to prostrate - our purposes, rather than those whose principles seemed to - be most identified with the power by which he was elected. - We have reason to believe that he has permitted himself to - be approached, counselled and influenced by those who have - manifested least interest in the success of whig measures. What - were represented to be his opinions and designs have been freely - and even insolently put forth in certain portions, and those not - the most reputable, of the public press, in a manner that ought - to be deemed offensive to his honor, as it certainly was to the - feelings of those who were believed to be his friends. In the - earnest endeavor manifested by the members of the whig party in - Congress to ascertain specifically the President's notions in - reference to the details of such a bill relating to a fiscal - agent as would be likely to meet his approbation, the frequent - changes of his opinion, and the singular want of consistency in - his views, have baffled his best friends, and rendered the hope - of adjustment with him impossible." - - "The plan of an exchange bank, such as was reported after the - first veto, the President is understood by more than one member - of Congress to whom he expressed his opinion, to have regarded - as a favorite measure. It was in view of this opinion, suggested - as it is in his first veto, and after using every proper effort - to ascertain his precise views upon it, that the committee of - the House of Representatives reported their second bill. It made - provision for a bank without the privilege of local discounting, - and was adapted as closely as possible to that class of - mercantile operations which the first veto message describes - with approbation, and which that paper specifically illustrates - by reference to the 'dealings in the exchanges' of the Bank - of the United States in 1833, which the President affirms - 'amounted to upwards of one hundred millions of dollars.' Yet - this plan, when it was submitted to him, was objected to on a - new ground. The last veto has narrowed the question of a bank - down to the basis of the sub-treasury scheme, and it is obvious - from the opinions of that message that the country is not to - expect any thing better than the exploded sub-treasury, or some - measure of the same character, from Mr. TYLER. In the midst - of all these varieties of opinion, an impenetrable mystery - seemed to hang over the whole question. There was no such - frank interchange of sentiment as ought to characterize the - intercourse of a President and his friends, and the last persons - in the government who would seem to have been intrusted with his - confidence on those embarrassing topics were the constitutional - advisers which the laws had provided for him. In this review of - the position into which the late events have thrown the whig - party, it is with profound sorrow we look to the course pursued - by the President. He has wrested from us one of the best fruits - of a long and painful struggle, and the consummation of a - glorious victory; he has even perhaps thrown us once more upon - the field of political strife, not weakened in numbers, nor - shorn of the support of the country, but stripped of the arms - which success had placed in our hands, and left again to rely - upon that high patriotism which for twelve years sustained us in - a conflict of unequalled asperity, and which finally brought us - to the fulfilment of those brilliant hopes which he has done so - much to destroy." - -Having thus shown the loss, by the conduct of the President, of all -the main fruits of a great victory after a twelve years' contest, -the address goes on to look to the future, and to inquire what is -to be the conduct of the party in such unexpected and disastrous -circumstances? and the first answer to that inquiry is, to establish -a permanent separation of the whig party from Mr. Tyler, and to -wash their hands of all accountability for his acts. - - "In this state of things, the whigs will naturally look with - anxiety to the future, and inquire what are the actual relations - between the President and those who brought him into power; - and what, in the opinion of their friends in Congress, should - be their course hereafter. On both of these questions we feel - it to be our duty to address you in perfect frankness and - without reserve, but, at the same time, with due respect to - others. In regard to the first, we are constrained to say that - the President, by the course he has adopted in respect to the - application of the veto power to two successive bank charters, - each of which there was just reason to believe would meet his - approbation; by his withdrawal of confidence from his real - friends in Congress and from the members of his cabinet; by - his bestowal of it upon others notwithstanding their notorious - opposition to leading measures of his administration, has - voluntarily separated himself from those by whose exertions - and suffrages he was elevated to that office through which he - reached his present exalted station. The existence of this - unnatural relation is as extraordinary as the annunciation of - it is painful and mortifying. What are the consequences and - duties which grow out of it? The first consequence is, that - those who brought the President into power can be no longer, - in any manner or degree, justly held responsible or blamed for - the administration of the executive branch of the government; - and that the President and his advisers should be exclusively - hereafter deemed accountable." - -Then comes the consideration of what they are to do? and after -inculcating, in the ancient form, the laudable policy of supporting -their obnoxious President when he was '_right_,' and opposing him -when he was '_wrong_'--phrases repeated by all parties, to be -complied with by none--they go on to recommend courage and unity -to their discomfited ranks--to promise a new victory at the next -election; and with it the establishment of all their measures, -crowned by a national bank. - - "The conduct of the President has occasioned bitter - mortification and deep regret. Shall the party, therefore, - yielding to sentiments of despair, abandon its duty, and submit - to defeat and disgrace? Far from suffering such dishonorable - consequences, the very disappointment which it has unfortunately - experienced should serve only to redouble its exertions, and - to inspire it with fresh courage to persevere with a spirit - unsubdued and a resolution unshaken, until the prosperity of - the country is fully re-established, and its liberties firmly - secured against all danger from the abuses, encroachments or - usurpations of the executive department of the government." - -This was the manifesto, so far as it concerns the repudiation of Mr. -Tyler, which the whig members of Congress put forth: it was answered -(under the name of an address to his constituents) by Mr. Cushing, -in what may be called a counter manifesto: for it was on the same -subject as the other, and counter to it at all points--especially -on the fundamental point of, _which party the President was to -belong to!_ the manifesto of the whig members assigning him to the -democracy--the counter manifesto claiming him for the whigs! In -this, Mr. Cushing followed the lead of Mr. Webster in his letter of -resignation: and, in fact, the whole of his pleading (for such it -was) was an amplification of Mr. Webster's letter to the editors -of the National Intelligencer, and of the one to Messrs. Bates -and Choate, and of another to Mr. Ketchum, of New York. The first -part of the address of Mr. Cushing, is to justify the President -for changing his course on the fiscal corporation bill; and this -attempted in a thrust at Mr Clay thus: - - "A caucus dictatorship has been set up in Congress, which, - not satisfied with ruling that body to the extinguishment of - individual freedom of opinion, seeks to control the President in - his proper sphere of duty, denounces him before you for refusing - to surrender his independence and his conscience to its decree, - and proposes, through subversion of the fundamental provisions - and principles of the constitution, to usurp the command of - the government. It is a question, therefore, in fact, not of - legislative measures, but of revolution. What is the visible, - and the only professed, origin of these extraordinary movements? - The whig party in Congress have been extremely desirous to - cause a law to be enacted at the late session, incorporating a - national bank. Encountering, in the veto of the President, a - constitutional obstacle to the enactment of such a law at the - late session, a certain portion of the whig party, represented - by the caucus dictatorship, proceeds then, in the beginning, to - denounce the President. Will you concur in this denunciation of - the President?" - -This was the accusation, first hinted at by Mr. Rives in the -Senate, afterwards obscurely intimated in Mr. Webster's letter to -the two Massachusetts senators; and now broadly stated by Mr. -Cushing; without, however, naming the imputed dictator; which was, -in fact, unnecessary. Every body knew that Mr. Clay was the person -intended; with what justice, not to repeat proofs already given, -let the single fact answer, that these caucus meetings (for such -there were) were all subsequent to Mr. Tyler's change on the bank -question! and in consequence of it! and solely with a view to get -him back! and that by conciliation until after the second veto. In -this thrust at Mr. Clay Mr. Cushing was acting in the interest of -Mr. Webster's feelings as well as those of Tyler; for since 1832 -Mr. Clay and Mr. Webster had not been amicable, and barely kept -in civil relations by friends, who had frequently to interpose to -prevent, or compose outbreaks; and even to make in the Senate formal -annunciation of reconciliation effected between them. But the design -required Mr. Clay to be made the cause of the rejection of the bank -bills; and also required him to be crippled as the leader of the -anti-administration whigs. In this view Mr. Cushing resumes: - - "When Lord Grenville broke up the whig party of England, in - 1807, by the unseasonable pressure of some great question, and - its consequent loss, 'Why,' said Sheridan, 'did they not put it - off as Fox did? I have heard of men running their heads against - a wall; but this is the first time I ever heard of men building - a wall, and squaring it, and clamping it, for the express - purpose of knocking out their brains against it.' This _bon mot_ - of Sheridan's will apply to the whig party in Congress, if, on - account of the failure of the bank bill at the late session, - they secede from the administration, and set up as a _Tertium - Quid_ in the government, neither administration nor opposition." - -Having presented this spectacle of their brains beaten out against a -wall of their own raising, if the whig party should follow Mr. Clay -into opposition to the Tyler-Webster administration, Mr. Cushing -took the party on another tack--that of the bird in the hand, which -is worth two in the bush; and softly commences with them on the -profit of using the presidential power while they had it: - - "Is it wise for the whig party to throw away the actuality of - power for the current four years? If so, for what object? For - some contingent _possibility_ four years hence? If so, what one? - Is the contingent possibility of advancing to power four years - hence any one particular man in its ranks, whoever he may be, - and however eminently deserving, a sufficient object to induce - the whig party to abdicate the power which itself as a body - possesses now?" - -And changing again, and from seduction to terror, he presents -to them, as the most appalling of all calamities, the possible -election of a democratic President at the next election through the -deplorable divisions of the whig party. - - "If so, will its abdication of power now tend to promote that - object? Is it not, on the contrary, the very means to make sure - the success of some candidate of the democratic party?" - -Proceeding to the direct defence of the President, he then boldly -absolves him from any violation of faith in rejecting the two bank -bills. Thus: - - "In refusing to sign those bills, then, he violated no - engagement, and committed no act of perfidy in the sense of a - forfeited pledge." - -And advancing from exculpation to applause, he makes it an act -of conscience in Mr. Tyler in refusing to sign them, and places -him under the imperious command of a triple power--conscience, -constitution, oath; without the faculty of doing otherwise than he -did. - - "But, in this particular, the President, as an upright - man, could do no otherwise than he did. He conscientiously - _disapproved_ those bills. And the constitution, which he was - sworn to obey, _commands_ him, expressly and peremptorily - commands him, if he do not approve of any bill presented to him - for his signature, to return it to the House of Congress in - which it originated. 'If he approve he shall sign it: _if not_, - he SHALL return it,' are the words of the constitution. Would - you as conscientious men yourselves, forbid the President of the - United States to have a conscience?" - -Acquittal of the President of all hand in the initiation of the -second bill, is the next task of Mr. Cushing, and he boldly essays -it. - - "The President, it is charged, trifled with one or more of the - retiring secretaries. Of what occurred at cabinet meetings, the - public knows and can know nothing. But, as to the main point, - whether he initiated the fiscal corporation bill. This idea is - incompatible with the dates and facts above stated, which show - that the consideration of a new bill was forced on the President - by members of Congress. It is, also, incompatible with the fact - that, on Tuesday, the 17th of August, as it is said by the - Secretary of War, the President expressed to him doubt as to - any bill." - -Now what happened in these cabinet meetings is well known to the -public from the concurrent statement of three of the secretaries, -and from presidential declarations to members of Congress, and these -statements cover the main point of the initiation of the second -bill by the President himself; and that not on the 18th, but the -16th of August, and not only to his cabinet but to Mr. Stuart of -Virginia the same evening; and that it was two days afterwards that -the two members of Congress called upon him (Messrs. Sergeant and -Berrien), not to force him to take a bill, but to be forced by him -to run his own bill through in three days. Demurring to the idea -that the President could be forced by members of Congress to adopt -an obnoxious bill, the brief statement is, that it is not true. The -same is to be said of the quoted remark of the Secretary at War, Mr. -Bell, that the President expressed to him a doubt whether he would -sign any bank bill--leaving out the astonishment of the Secretary -at that declaration, who had been requested by the President the -day before to furnish facts in favor of the bill; and who came to -deliver a statement of these facts thus prepared, and in great -haste, upon request; and when brought, received with indifference! -and a doubt expressed whether he would sign any bill. Far from -proving that the President had a consistent doubt upon the subject, -which is the object of the mutilated quotation from Mr. Bell--it -proves just the contrary! proves that the President was for the -bill, and began it himself, on the 16th; and was laying an anchor to -windward for its rejection on the 17th! having changed during the -night. - -The retirement of all the cabinet ministers but one, and that -for such reasons as they gave, is treated by Mr. Cushing as a -thing of no signification, and of no consequence to any body but -themselves. He calls it a common fact which has happened under -many administrations, and of no permanent consequence, provided -good successors are appointed. All that is right enough where -secretaries retire for personal reasons, such as are often seen; but -when they retire because they impeach the President of great moral -delinquency, and refuse to remain with him on that account, the -state of the case is altered. He and they are public officers; and -officers at the head of the government; and their public conduct is -matter of national concern; and the people have a right to inquire -and to know the public conduct of public men. The fact that Mr. -Webster remained is considered as overbalancing the withdrawal of -all the others; and is thus noticed by Mr. Cushing: - - "And that, whilst those gentlemen have retired, yet the - Secretary of State, in whose patriotism and ability you have - more immediate cause to confide, has declared that he knows - no sufficient cause for such separation, and continues to - co-operate cordially with the President in the discharge of the - duties of that station which he fills with so much honor to - himself and advantage to the country." - -Certainly it was a circumstance of high moment to Mr. Tyler that -one of his cabinet remained with him. It was something in such a -general withdrawing, and for such reasons as were given, and was -considered a great sacrifice on the part of Mr. Webster at the time. -As such it was well remembered a short time afterwards, when Mr. -Webster, having answered the purposes for which he was retained, was -compelled to follow the example of his old colleagues. The address -of Mr. Cushing goes on to show itself, in terms, to be an answer to -the address of the whig party--saying: - - "Yet an address has gone forth from a portion of the members of - Congress, purporting to be the _unanimous_ act of a meeting of - THE whigs of Congress, which, besides arraigning the President - on various allegations of fact and surmises not fact, recommends - such radical changes of the constitution." - -The address itself of the whig party is treated as the work of Mr. -Clay--as an emanation of that caucus dictatorship in Congress of -which he was always the embodied idea. He says: - - "Those changes, if effected, would concentrate the chief powers - of government in the hands of that of which this document - (the whig address) itself is an emanation, namely a caucus - dictatorship of Congress." - -This defence by Mr. Cushing, the letters of Mr. Webster, and all the -writers in the interests of Mr. Tyler himself, signified nothing -against the concurrent statements of the retiring senators, and -the confirmatory statements of many members of Congress. The whig -party recoiled from him. Instead of that "whig President, whig -Congress, and whig people," formed into a unit, with the vision of -which Mr. Webster had been induced to remain when his colleagues -retired--instead of this unity, there was soon found diversity -enough. The whig party remained with Mr. Clay; the whig Secretary -of State returned to Massachusetts, inquiring, "_where am I to -go?_" The whig defender of Mr. Tyler went to China, clothed with a -mission; and returning, found that greatest calamity, the election -of a democratic President, to be a fixed fact; and being so fixed, -he joined it, and got another commission thereby: while Mr. Tyler -himself, who was to have been the Roman cement of this whig unity, -continued his march to the democratic camp--arrived there--knocked -at the gate--asked to be let in: and was refused. The national -democratic Baltimore convention would not recognize him. - - - - -CHAPTER LXXXVI. - -THE DANISH SOUND DUES. - - -This subject was brought to the attention of the President at -this extra session of Congress by a report from the Secretary of -State, and by the President communicated to Congress along with -his message. He did not seem to call for legislative action, as -the subject was diplomatic, and relations were established between -the countries, and the remedy proposed for the evil stated was -simply one of negotiation. The origin and history of these dues, -and the claims and acquiescences on which they rest, are so clearly -and concisely set forth by Mr. Webster, and the amelioration he -proposed so natural and easy for the United States, and the subject -now acquiring an increasing interest with us, that I draw upon his -report for nearly all that is necessary to be said of it in this -chapter; and which is enough for the general reader. The report says: - - "The right of Denmark to levy these dues is asserted on the - ground of ancient usage, coming down from the period when that - power had possession of both shores of the Belt and Sound. - However questionable the right or uncertain its origin, - it has been recognised by European governments, in several - treaties with Denmark, some of whom entered into it at as - early a period as the fourteenth century; and inasmuch as our - treaty with that power contains a clause putting us on the same - footing in this respect as other the most favored nations, it - has been acquiesced in, or rather has not been denied by us. - The treaty of 1645, between Denmark and Holland, to which a - tariff of the principal articles then known in commerce, with - a rule of measurement and a fixed rate of duty, was appended, - together with a subsequent one between the same parties in 1701, - amendatory and explanatory of the former, has been generally - considered as the basis of all subsequent treaties, and among - them of our own, concluded in 1826, and limited to continue ten - years from its date, and further until the end of one year, - after notice by either party of an intention to terminate it, - and which is still in force. - - "Treaties have also been concluded with Denmark, by Great - Britain, France, Spain, Portugal, Russia, Prussia and Brazil, - by which, with one or two exceptions in their favor, they are - placed on the same footing as the United States. There has - recently been a general movement on the part of the northern - powers of Europe, with regard to the subject of these Sound - dues, and which seems to afford to this government a favorable - opportunity, in conjunction with them, for exerting itself - to obtain some such alteration or modification of existing - regulations as shall conduce to the freedom and extension of our - commerce, or at least to relieve it from some of the burdens now - imposed, which, owing to the nature of our trade, operate, in - many instances, very unequally and unjustly on it in comparison - with that of other nations. - - "The ancient tariff of 1645, by which the payment of these dues - was regulated, has never been revised, and by means of the - various changes which have taken place in commerce since that - period, and of the alteration in price in many articles therein - included, chiefly in consequence of the settlement of America, - and the introduction of her products, into general commerce, it - has become quite inapplicable. It is presumed to have been the - intention of the framers of that tariff to fix a duty of about - one per centum ad valorem upon the articles therein enumerated, - but the change in value of many of those commodities, and the - absence of any corresponding change in the duty, has, in many - instances, increased the ad valorem from one per centum to - three, four, and even seven; and this, generally, upon those - articles which form the chief exports of the United States, of - South America, and the West India Islands: such as the articles - of cotton, rice, raw sugar, tobacco, rum, Campeachy wood, &c. - On all articles not enumerated in this ancient tariff it is - stipulated by the treaty of 1701 that the 'privileged nations,' - or those who have treaties with Denmark, shall pay an ad valorem - of one per cent.; but the value of these articles being fixed - by some rules known only to the Danish government, or at least - unknown to us, this duty appears uncertain and fluctuating, and - its estimate is very much left to the arbitrary discretion of - the custom house officers at Elsinore. - - "It has been, by some of the public writers in Denmark, - contended that goods of privileged nations, carried in the - vessels of unprivileged nations, should not be entitled to the - limitation of one per centum ad valorem, but should be taxed - one and a quarter per centum, the amount levied on the goods of - unprivileged nations; and, also, that this limitation should be - confined to the direct trade, so that vessels coming from or - bound to the ports of a nation not in treaty with Denmark should - pay on their cargoes the additional quarter per cent. - - "These questions, although the former is not of so much - consequence to us, who are our own carriers, are still in - connection with each other, of sufficient importance to render - a decision upon them, and a final understanding, extremely - desirable. These Sound dues are, moreover, in addition to the - port charges of light money, pass-money, &c., which are quite - equal to the rates charged at other places, and the payment of - which, together with the Sound dues, often causes to vessels - considerable delay at Elsinore. - - "The port charges, which are usual among all nations to whose - ports vessels resort, are unobjectionable, except that, as in - this case, they are mere consequences of the imposition of the - Sound dues, following, necessarily, upon the compulsory delay at - Elsinore of vessels bound up and down the Sound with cargoes, - with no intention of making any importation into any port of - Denmark, and having no other occasion for delay at Elsinore - than that which arises from the necessity of paying the Sound - dues, and, in so doing, involuntarily subjecting themselves to - these other demands. These port duties would appear to have some - reason in them, because of the equivalent; while, in fact, they - are made requisite, with the exception, perhaps, of the expense - of lights, by the delay necessary for the payment of the Sound - dues. - - "The amount of our commerce with Denmark, direct, is - inconsiderable, compared with that of our transactions with - Russia, Sweden, and the ports of Prussia, and the Germanic - association on the Baltic; but the sum annually paid to that - government in Sound dues, and the consequent port charges by - our vessels alone, is estimated at something over one hundred - thousand dollars. The greater proportion of this amount is paid - by the articles of cotton, sugar, tobacco, and rice; the first - and last of these paying a duty of about three per cent. ad - valorem, reckoning their value at the places whence they come. - - "By a list published at Elsinore, in 1840, it appears that - between April and November of that year, seventy-two American - vessels, comparatively a small number, lowered their topsails - before the castle of Cronberg. These were all bound up the Sound - to ports on the Baltic, with cargoes composed in part of the - above-named products, upon which alone, according to the tariff, - was paid a sum exceeding forty thousand dollars for these dues. - Having disposed of these cargoes, they returned laden with the - usual productions of the countries on the Baltic, on which, - in like manner, were paid duties on going out through the - Sound, again acknowledging the tribute by an inconvenient and - sometimes hazardous ceremony. The whole amount thus paid within - a period of eight months on inward and outward bound cargoes, by - vessels of the United States, none of which were bound for, or - intended to stop at, any port in Denmark, except compulsorily - at Elsinore, for the purpose of complying with these exactions, - must have exceeded the large sum above named." - -This is the burden, and the history of it which Mr. Webster -so succinctly presents. The peaceful means of negotiation are -recommended to obtain the benefit of all the reductions in these -dues which should be granted to other nations; and this natural and -simple course is brought before the President in terms of brief and -persuasive propriety. - - "I have, therefore, thought proper to bring this subject before - you at this time, and to go into these general statements in - relation to it, which might be carried more into detail, and - substantiated by documents now at the department, to the end - that, if you should deem it expedient, instructions may be - given to the representative of the United States at Denmark to - enter into friendly negotiations with that government, with a - view of securing to the commerce of the United States a full - participation in any reduction of these duties, or the benefits - resulting from any new arrangements respecting them which may be - granted to the commerce of other states." - -This is the view of an American statesman. No quarrelling, or -wrangling with Denmark, always our friend: no resistance to duties -which all Europe pays, and were paying not only before we had -existence as a nation, but before the continent on which we live -had been discovered: no setting ourselves up for the liberators -of the Baltic Sea: no putting ourselves in the front of a contest -in which other nations have more interest than ourselves. It is -not even recommended that we should join a congress of European -ministers to solicit, or to force, a reduction or abolition of these -duties; and the policy of engaging in no entangling alliances, is -well maintained in that abstinence from associated negotiation. -The Baltic is a European sea. Great powers live upon its shores: -other great powers near its entrance: and all Europe nearer to it -than ourselves. The dues collected at Elsinore present a European -question which should be settled by European powers, all that we -can ask being (what Denmark has always accorded) the advantage of -being placed on the footing of the most favored nation. We might -solicit a further reduction of the dues on the articles of which -we are the chief carriers to that sea--cotton, rice, tobacco, raw -sugar; but solicit separately without becoming parties to a general -arrangement, and thereby making ourselves one of its guarantees. -Negotiate separately, asking at the same time to be continued on the -footing of the most favored nation. This report and recommendation -of Mr. Webster is a gem in our State papers--the statement of the -case condensed to its essence, the recommendation such as becomes -our geographical position and our policy; the style perspicuous, and -even elegant in its simplicity. - -I borrow from the _Boston Daily Advertiser_ (Mr. Hale the writer) a -condensed and clear account of the success of Mr. Webster's just and -wise recommendations on this subject: - - "He recommended that 'friendly negotiations' be instituted with - the Danish government, 'with a view to securing to the United - States a full participation in any reduction of these duties, - or the benefits resulting from any new arrangements respecting - them, which may be granted to the commerce of other states.' - - "This recommendation was doubtless adopted; for the concluding - papers of the negotiation appear among the documents - communicated to Congress. The Danish government made a complete - revision of the ancient tariff, establishing new specific duties - on all articles of commerce, with one or two exceptions, in - which the one per cent. ad valorem duty was retained. - - "The duties were not increased in any instance, and on many of - the articles they were largely reduced; on some of them as large - a discount as 83 per cent. was made, and a great number were - reduced 50 per cent. Of the articles particularly mentioned by - Mr. Webster as forming the bulk of the American commerce paying - these duties, the duty on raw sugar was reduced from 9 stivers - on 100 pounds to 5 stivers; on rice (in paddy) the duty was - reduced from 15 stivers to 6 stivers. On some other articles - of importance to American commerce the duties were reduced in - a larger proportion; on some dyewoods the reduction was from - 30 stivers to 8, and on others from 36 to 12, per thousand - pounds; and on coffee the reduction was from 24 to 6 stivers per - 100 pounds, thereby making it profitable to ship this article - directly up the Baltic, instead of to Hamburgh, and thence by - land across to Lubec, which had previously been done to avoid - the Sound dues. - - "It was also provided that no unnecessary formalities should - be required from the vessels passing through the Sound. The - lowering of top-sails, complained of by Mr. Webster, was - dispensed with. We mention this circumstance because a recent - article in the _New York Tribune_ speaks of this formality as - still required. It was abolished thirteen years ago. A number of - other accommodations were also granted on the part of Denmark in - modification of the harshness of former regulations. The time - for the functionaries to attend at their offices was prolonged, - and an evident disposition was manifested to make great - abatements in the rigor of enforcing as well as in the amount of - the tax. - - "These concessions were regarded as eminently favorable, and - as satisfactory to the United States. Mr. Webster cordially - expressed this sentiment in a letter to Mr. Isaac Rand Jackson, - then our Charge d'Affaires for Denmark, bearing date June 25, - 1842, and also in another letter, two days later, to Mr. Steen - Bille, the Danish Charge d'Affaires in the United States. In the - former letter Mr. Webster praised Mr. Jackson's 'diligence and - fidelity in discharging his duties in regard to this subject.'" - -Greatly subordinate as the United States are geographically in this -question, they are equally, and in fact, duly and proportionably -so in interest. Their interest is in the ratio of their distance -from the scene of the imposition; that is to say, as units are to -hundreds, and hundreds to thousands. Taking a modern, and an average -year for the number of vessels of different powers which passed -this Sound and paid these duties--the year 1850--and the respective -proportions stand thus: English, 5,448 vessels; Norwegian, 2,553; -Swedish, 1,982; Dutch, 1,900; Prussian, 2,391; Russian, 1,138; -American, 106--being about the one-fiftieth part of the English -number, and about the one-twentieth part of the other powers. But -that is not the way to measure the American interest. The European -powers aggregately present one interest: the United States sole -another: and in this point of view the proportion of vessels is as -two hundred to one. The whole number of European vessels in a series -of five years--1849 to 1853--varied from 17,563 to 21,586; the -American vessels during the same years varying from 76 to 135. These -figures show the small comparative interest of the United States in -the reduction, or abolition of these dues--large enough to make the -United States desirous of reduction or abolition--entirely too small -to induce her to become the champion of Europe against Denmark: and, -taken in connection with our geographical position, and our policy -to avoid European entanglement, should be sufficient to stamp as -Quixotic, and to qualify as mad, any such attempt. - - - - -CHAPTER LXXXVII. - -LAST NOTICE OF THE BANK OF THE UNITED STATES. - - -For ten long years the name of this bank had resounded in the two -Halls of Congress. For twenty successive sessions it had engrossed -the national legislature--lauded, defended, supported--treated as -a power in the State: and vaunted as the sovereign remedy for all -the diseases to which the finances, the currency, and the industry -of the country could be heir. Now, for the first time in that long -period, a session passed by--one specially called to make a bank--in -which the name of that institution was not once mentioned: never -named by its friends! seldom by its foes. Whence this silence? -Whence this avoidance of a name so long, so lately, and so loudly -invoked? Alas! the great bank had run its career of audacity, crime, -oppression, and corruption. It was in the hands of justice, for -its crimes and its debts--was taken out of the hands of its late -insolvent directory--placed in the custody of assignees--and passed -into a state of insolvent liquidation. Goaded by public reproaches, -and left alone in a state of suspension by other banks, she essayed -the perilous effort of a resumption. Her credit was gone. It was -only for payment that any one approached her doors. In twenty days -she was eviscerated of six millions of solid dollars, accumulated by -extraordinary means, to enable her to bid for a re-charter at the -extra session. This was the last hope, and which had been resolved -upon from the moment of General Harrison's election. She was empty. -The seventy-six millions of assets, sworn to the month before, were -either undiscoverable, or unavailable. The shortest month in the -year had been too long for her brief resources. Early in the month -of February, her directory issued a new decree of suspension--the -third one in four years; but it was in vain to undertake to pass -off this stoppage for a suspension. It was felt by all to be an -insolvency, though bolstered by the usual protestations of entire -ability, and firm determination to resume briefly. An avalanche of -suits fell upon the helpless institution, with judgments carrying -twelve per cent. damages, and executions to be levied on whatever -could be found. Alarmed at last, the stockholders assembled in -general meeting, and verified the condition of their property. It -was a wreck! nothing but fragments to be found, and officers of the -bank feeding on these crumbs though already gorged with the spoils -of the monster. - -A report of the affairs of the institution was made by a committee -of the stockholders: it was such an exhibition of waste and -destruction, and of downright plundering, and criminal misconduct, -as was never seen before in the annals of banking. Fifty-six -millions and three quarters of capital out of sixty-two millions -and one quarter (including its own of thirty-five) were sunk in -the limits of Philadelphia alone: for the great monster, in going -down, had carried many others along with her; and, like the strong -man in Scripture, slew more in her death than in her life. Vast was -her field of destruction--extending all over the United States--and -reaching to Europe, where four millions sterling of her stock was -held, and large loans had been contracted. Universally on classes -the ruin fell--foreigners as well as citizens--peers and peeresses, -as well as the ploughman and the wash-woman--merchants, tradesmen, -lawyers, divines: widows and orphans, wards and guardians: confiding -friends who came to the rescue: deceived stockholders who held on to -their stock, or purchased more: the credulous masses who believed -in the safety of their deposits, and in the security of the notes -they held--all--all saw themselves the victims of indiscriminate -ruin. An hundred millions of dollars was the lowest at which the -destruction was estimated; and how such ruin could be worked, and -such blind confidence kept up for so long a time, is the instructive -lesson for history: and that lesson the report of the stockholders' -committee enables history to give. - -From this authentic report it appears that from the year 1830 to -1836--the period of its struggles for a re-charter--the loans and -discounts of the bank were about doubled--its expenses trebled. -Near thirty millions of these loans were not of a mercantile -character--neither made to persons in trade or business, nor -governed by the rules of safe endorsement and punctual payment -which the by-laws of the institution, and the very safety of the -bank, required; nor even made by the board of directors, as the -charter required; but illegally and clandestinely, by the exchange -committee--a small derivation of three from the body of the -committee, of which the President of the bank was _ex officio_ a -member, and the others as good as nominated by him. It follows then -that these, near thirty millions of loans, were virtually made by -Mr. Biddle himself; and in violation of the charter, the by-laws -and the principles of banking. To whom were they made? To members -of Congress, to editors of newspapers, to brawling politicians, to -brokers and jobbers, to favorites and connections: and all with a -view to purchase a re-charter, or to enrich connections, and exalt -himself--having the puerile vanity to delight in being called the -"Emperor Nicholas." Of course these loans were, in many instances, -not expected to be returned--in few so secured as to compel return: -and, consequently, near all a dead loss to the stockholders, whose -money was thus disposed of. - -The manner in which these loans were made to members of Congress, -was told to me by one of these members who had gone through this -process of bank accommodation; and who, voting against the bank, -after getting the loan, felt himself free from shame in telling -what had been done. He needed $4,000, and could not get it at home: -he went to Philadelphia--to the bank--inquired for Mr. Biddle--was -shown into an ante-room, supplied with newspapers and periodicals; -and asked to sit, and amuse himself--the president being engaged -for the moment. Presently a side door opened. He was ushered -into the presence--graciously received--stated his business--was -smilingly answered that he could have it, and more if he wished it: -that he could leave his note with the exchange committee, and check -at once for the proceeds: and if inconvenient to give an indorser -before he went home, he could do it afterwards: and, whoever he said -was good, would be accepted. And in telling me this, the member said -he could read "bribery" in his eyes. - -The loans to brokers to extort usury upon--to jobbers, to put up -and down the price of stocks--to favorites, connections, and bank -officers, were enormous in amount, indefinite in time, on loose -security, or none: and when paid, if at all, chiefly in stocks at -above their value. The report of the committee thus states this -abuse: - - "These loans were generally in large amounts. In the list of - debtors on 'bills receivable' of the first of January 1837, - twenty-one individuals, firms and companies, stand charged, - each with an amount of one hundred thousand dollars and - upwards. One firm of this city received accommodations of this - kind between August 1835, and November 1837, to the extent - of 4,213,878 dollars 30 cents--more than half of which was - obtained in 1837. The officers of the bank themselves received - in this way, loans to a large amount. In March 1836, when the - bank went into operation, under its new charter, Mr. Samuel - Jaudon, then elected its principal cashier, was indebted to it, - 100,500 dollars. When he resigned the situation of cashier, and - was appointed foreign agent, he was in debt 408,389 dollars 25 - cents; and on the first of March 1841, he still stood charged - with an indebtedness of 117,500 dollars. Mr. John Andrews, - first assistant cashier, was indebted to the bank in March - 1836, 104,000 dollars. By subsequent loans and advances made - during the next three years, he received in all, the sum of - 426,930 dollars 67 cents. Mr. Joseph Cowperthwaite, then second - assistant cashier, was in debt to the bank in March 1836, - 115,000 dollars; when he was appointed cashier in September, - 1837, 326,382 dollars 50 cents: when he resigned, and was - elected a director by the board, in June 1840, 72,860 dollars, - and he stands charged March 3, 1841, on the books with the sum - of 55,081 dollars 95 cents. It appears on the books of the bank, - that these three gentlemen were engaged in making investments - on their joint accounts, in the stock and loan of the Camden - and Woodbury railroad company Philadelphia, Wilmington, and - Baltimore railroad company, Dauphin and Lycoming coal lands, - and Grand Gulf railroad and banking company." - -These enormous loans were chiefly in the year 1837, at the time -when the bank stopped payment on account of the "specie circular," -the "removal of the deposits," and other alleged misdoings of the -democratic administrations: and this is only a sample of the way -that the institution went on during that period of fictitious -distress, and real oppression--millions to brokers and favorites, -not a dollar to the man of business. - -Two agencies were established in London--one for the bank, under Mr. -Jaudon, to borrow money; the other for a private firm, of which Mr. -Biddle was partner, and his young son the London head--its business -being to sell cotton, bought with the dead notes of the old bank. -Of the expenses and doings of these agencies, all bottomed upon the -money of the stockholders (so far as it was left), the committee -gave this account: - - "When Mr. Jaudon was elected to the place of foreign agent, he - was the principal cashier, at a salary of 7,000 dollars per - annum. The bank paid the loss on the sale of his furniture, - 5,074 dollars, and the passage of himself and family to London, - a further sum of 1,015 dollars. He was to devote himself - exclusively to the business of the bank, to negotiate an - uncovered credit in England, to provide for the then existing - debt in Europe, to receive its funds, to pay its bills and - dividends, to effect sales of stocks, and generally to protect - the interests of the bank and 'the country at large.' For - these services he was to receive the commission theretofore - charged and allowed to Baring Brothers & Company, equal to - about 28,000 dollars per annum. In addition to which, the - expenses of the agency were allowed him, including a salary of - 1,000 pounds sterling to his brother, Mr. Charles B. Jaudon, - as his principal clerk. From the increase of money operations, - arising from facilities afforded by the agency, the amount - upon which commissions were charged was greatly augmented, so - that the sums paid him for his country services up to January, - 1841, amounted at nine per cent. exchange to 178,044 dollars - 47 cents, and the expenses of the agency to 35,166 dollars 99 - cents. In addition to these sums, he was allowed by the exchange - committee, an extra commission of one per cent. upon a loan - effected in October, 1839, of 800,000 pounds, say $38,755 56; - and upon his claim for a similar commission, upon subsequent - loans in France and Holland, to the amount of $8,337,141 90, the - board of directors, under the sanction of a legal opinion, from - counsel of high standing, and the views of the former president, - by whom the agreement with Mr. Jaudon was made, that the case - of extraordinary loans was not anticipated, nor meant to be - included in the original arrangement, allowed the further charge - of $83,970 37. These several sums amount to $335,937, 39, as - before stated." - -A pretty expensive agency, although the agent was to devote himself -exclusively to the business of the bank, protecting its interests, -and those of "the country at large"--an addition to his mission, -this protection of the country at large, which illustrates the -insolent pretensions of this imperious corporation. Protect the -country at large! while plundering its own stockholders of their -last dollar. And that furniture of this bank clerk! the loss on -the sale of which was $5,074! and which loss the stockholders made -up: while but few of them had that much in their houses. The whole -amount of loans effected by this agency was twenty-three millions -of dollars; of which a considerable part was raised upon fictitious -bills, drawn in Philadelphia without funds to meet them, and to -raise money to make runs upon the New York banks, compel them to -close again: and so cover her own insolvency in another general -suspension: for all these operations took place after the suspension -of 1837. The committee thus report upon these loans, and the -gambling in stock speculations at home: - - "Such were some of the results of the resolution of March, - 1835, though it cannot be questioned, that much may be fairly - attributed to the unhappy situation of the business and - exchanges of the country, concurring with the unfortunate - policy pursued by the administration of the bank. Thus the - institution has gone on to increase its indebtedness abroad, - until it has now more money borrowed in Europe, than it has on - loan on its list of active debt in America. To this has been - superadded, extensive dealing in stocks, and a continuation - of the policy of loaning upon stock securities, though it - was evidently proper upon the recharter, that such a policy - should be at once and entirely abandoned. Such indeed was its - avowed purpose, yet one year afterwards, in March, 1837, its - loans on stocks and other than personal security had increased - $7,821,541, while the bills discounted on personal security, - and domestic exchange had suffered a diminution of $9,516,463 - 78. It seems to have been sufficient, to obtain money on loan, - to pledge the stock of an 'incorporated company,' however - remote its operation or uncertain its prospects. Many large - loans originally made on a pledge of stocks, were paid for in - the same kind of property, and that too at par, when in many - instances they had become depreciated in value. It is very - evident to the committee, that several of the officers of the - bank were themselves engaged in large operations in stocks and - speculations, of a similar character, with funds obtained of the - bank, and at the same time loans were made to the companies in - which they were interested, and to others engaged in the same - kind of operations, in amounts greatly disproportionate to the - means of the parties, or to their proper and legitimate wants - and dealings. The effect of this system, was to monopolize the - active means of the institution, and disable it from aiding and - accommodating men engaged in business really productive and - useful to the community; and as might have been anticipated, a - large part of the sums thus loaned were ultimately lost, or the - bank compelled, on disadvantageous terms as to price, to take in - payment stocks, back lands and other fragments of the estates of - great speculators." - -The cotton agency seemed to be an ambidextrous concern--both -individual and corporation--its American office in the Bank of the -United States--the purchases made upon ten millions of its defunct -notes--the profits going to the private firm--the losses to the -bank. The committee give this history: - - "In the course of the investigation the attention of the - committee has been directed to certain accounts, which appear - on the books as 'advances on merchandise,' but which were, - in fact, payments for cotton, tobacco and other produce, - purchased by the direction of the then President, Mr. Nicholas - Biddle, and shipped to Europe on account of himself and others. - These accounts were kept by a clerk in the foreign exchange - department, this department being under the charge of Mr. - Cowperthwaite, until September 22, 1837, when he was elected - cashier, and of Mr. Thomas Dunlap, until March 20, 1840, when - he was chosen president. The original documents, necessary to - enable the committee to arrive at all the facts in relation to - these transactions, were not accessible, having been retained, - as was supposed, by the parties interested, as private papers. A - succinct view of the whole matter, sufficient to convey to the - stockholders a general idea of its character, may be drawn from - the report of a committee of the board of directors, appointed - on the 21st of July, 1840, for the purpose of adjusting and - settling these accounts, and who reported on the 21st of - December, 1840, which report with the accompanying accounts, is - spread at large upon the minutes. The first transactions were in - July, 1837, and appear as advances, to A. G. Jaudon, to purchase - cotton for shipment to Baring Brothers & Co. of Liverpool, the - proceeds to be remitted to their house in London, then acting - as the agents of the bank. The amount of these shipments was - 2,182,998 dollars 28 cents. The proceeds were passed to the - credit of the bank, and the account appears to be balanced. - The results, as to the profit and loss, do not appear, and the - committee had no means of ascertaining them, nor the names of - the parties interested. In the autumn of 1837, when the second - of these transactions commenced, it will be recollected, that - Mr. Samuel Jaudon had been appointed the agent of the bank - to reside in London. About the same time, a co-partnership - was formed between Mr. May Humphreys, then a director of the - bank, and a son of Mr. Nicholas Biddle, under the firm of - Biddle & Humphreys. This house was established at Liverpool, - and thenceforward acted as agents for the sale of the produce - shipped to that place which comprised a large proportion of the - whole amount. In explanation of these proceedings, the committee - annex to their report a copy of a letter dated Philadelphia, - December 28, 1840, to the president and directors of the bank, - from Mr. Joseph Cabot, one of the firm of Bevan & Humphreys, and - who became a director at the election in January, 1838. This - letter was read to the board, December 29, 1840, but was not - inserted on the minutes. - - "This arrangement continued during the years 1837, 1838 and - 1839, the transactions of which amounted to 8,969,450 dollars - 95 cents. The shipments were made principally to Biddle and - Humphreys, were paid for by drafts on Bevan and Humphreys--the - funds advanced by the bank, and the proceeds remitted to Mr. - Samuel Jaudon, agent of the bank in London. It appears that - there was paid to Messrs. Bevan and Humphreys by the bank in - Philadelphia during the months of March, April, and May, 1839, - the sum of eight hundred thousand dollars, and the account was - thus balanced. The committee have reason to believe, that this - sum constituted a part or perhaps the whole of the profits - derived from the second series of shipments. How, and among - whom, it was distributed, they have not been informed, but from - the terms of the final settlement, to be adverted to presently, - each one will be at liberty to make his own inferences. The - third and last account, amounting to 3,241,042 dollars 83 cents, - appears on the books, as 'bills on London, advances S. V. S. - W.' These letters stand for the name of S. V. S. Wilder, of New - York.--Messrs. Humphreys and Biddle, to whom these consignments - were made, continued their accounts in the name of Bevan and - Humphreys, but without the knowledge of that firm, as appears - by Mr. Cabot's letter of December 28, 1840. The result of these - last shipments, was a loss of 962,524 dollars 13 cents. Of this - amount the sum of 553,908 dollars 57 cents was for excess of - payments by Messrs. Humphreys and Biddle to the London agency, - beyond the proceeds of sale, with interest thereon. The - parties interested, claimed and were allowed a deduction for - loss on 526,000 dollars of southern funds, used in the purchase - of cotton, when at a discount, the sum of 310,071 dollars 30 - cents; and also this sum, being banker's commission to Messrs. - Humphreys and Biddle on advances to Samuel Jaudon, agent, 21,061 - dollars 86 cents, making 331,133 dollars 16 cents, and leaving - to be settled by the parties the sum of 631,390 dollars 97 - cents." - -Thus, the profit of eight hundred thousand dollars on the first -shipments of cotton went to this private firm, though not shown -on the books to whom; and the loss of nine hundred and sixty-two -thousand five hundred and twenty-four dollars and thirteen cents -on the last shipments went to the bank; but this being objected -to by some of the directors, it was settled by Mr. Biddle and -the rest--the bank taking from them stocks, chiefly of Texas, at -par--the sales of the same being slow at a tithe of their face. The -bank had also a way of guaranteeing the individual contracts of Mr. -Biddle for millions; of which the report gives this account: - - "Upon the eighteenth day of August, 1838, the bank guaranteed a - contract made by Mr. Nicholas Biddle in his individual capacity, - for the purchase of two thousand five hundred bonds of the State - of Mississippi, of two thousand dollars each, amounting in the - whole to 5,000,000 dollars. The signature of Mr. Thomas Dunlap, - then second assistant cashier, was affixed to the guarantee, in - behalf of the bank, upon the verbal authority of the president. - Upon the 29th of January, 1839, the bank guaranteed to the - State of Michigan, the punctual fulfilment of the obligations - of the Morris canal and banking company, for the purchase of - bonds of that state, to the extent of 3,145,687 dollars 50 - cents. for 2,700,000 taken at par, and including interest on the - instalments payable every three months up to January, 1843. On - the 29th of April, 1839, the bank guaranteed a contract entered - into by Mr. Thomas Dunlap in his individual capacity for the - purchase of one million of dollars of the 'Illinois and Michigan - canal stock.' In regard to these transactions, the committee can - find no authority on the minutes of the board, and have been - referred to none, by the president, upon whom they called for - information." - -Unintelligible accounts of large amounts appeared in the profit and -loss side of the bank ledger; which, not explaining themselves, -the parties named as receiving the money, were called upon for -explanations--which they refused to give. Thus: - - "In this last account there is a charge under date of June - 30, 1840, of $400,000 to 'parent bank notes account,' which - has not been explained to the satisfaction of the committee. - It must be also mentioned, that among the expenditures of the - bank, there is entered, at various dates, commencing May 5, - 1836, sums amounting in all to 618,640 dollars 15 cents, as - paid on the 'receipts of Mr. N. Biddle,' of 'Mr. N. Biddle and - J. Cowperthwaite,' and 'cashier's vouchers.' As the committee - were unable to obtain satisfactory information upon the subject - of these expenses from the books or officers of the bank, - application was made by letter to Mr. N. Biddle and Mr. J. - Cowperthwaite, from whom no reply has been received." - -These enormous transactions generally without the knowledge of the -directory, usually upon the initials of a member of the exchange -committee; and frequently upon a deposit of stock in the cash -drawer. Besides direct loans to members of Congress, and immense -fees, there was a process of entertainment for them at immense -expense--nightly dinners at hotels--covers for fifty: and the most -costly wines and viands: and this all the time. Besides direct -applications of money in elections, the bank became a fountain of -supply in raising an election fund where needed, taking the loss on -itself. Thus, in 1833, in the presidential election in Kentucky, -some politicians went into the branch bank at Lexington, assessed -the party in each county for the amount wanted in that county--drew -drafts for the amount of the assessment on some ardent friends in -the county, received the cash for the drafts from the bank, and -applied it to the election--themselves not liable if the assessment -was not paid, but the same to go to the profit and loss account of -the bank. In such operations as all these, and these are not all, it -was easy for the bank to be swallowed up: and swallowed up it was -totally. - -The losses to the stockholders were deplorable, and in many -instances attended with circumstances which aggravated the -loss. Many were widows and children, their _all_ invested where -it was believed to be safe; and an ascertained income relied -on as certain, with eventual return of the capital. Many were -unfortunately deceived into the purchase or retention of stock, by -the delusive bank reports. The makers of these reports themselves -held no quantity of the stock--only the few shares necessary to -qualify them for the direction. Foreign holders were numerous, -attracted by the, heretofore, high credit of American securities, -and by the implications of the name--Bank of the United States; -implying a national ownership, which guaranteed national care -in its management, and national liability on its winding up. -Holland, England, France suffered, but the English most of all the -foreigners. The London Banker's Circular thus described their loss: - - "The proportion of its capital held by British subjects is - nearly four millions sterling; it may be described as an entire - loss. And the loss we venture, upon some consideration, to say - is greater than the aggregate of all the losses sustained by - the inhabitants of the British Islands, from failure of banks - in this country, since Mr. Patterson established the banks of - England and Scotland at the close of the seventeenth century. - The small population of Guernsey and Jersey hold L200,000 of the - stock of this U. States Bank. Call it an entire loss, and it is - equal to a levy of three or four pounds on every man, woman, and - child in the whole community of those islands--a sum greater - than was ever raised by taxation in a single year on any people - in the whole world. Are these important facts? if facts they - be. Then let statesmen meditate upon them, for by their errors - and reckless confidence in delusive theories they have been - produced." - -The credit of the bank, and the price of stock was kept up by -delusive statements of profits, and fictitious exhibition of assets -and false declarations of surpluses. Thus, declaring a half-yearly -dividend of four per centum, January 1st, 1839, with a surplus of -more than four millions; on the first of July of the same year, -another half-yearly dividend of four per centum, with a surplus of -more than four millions; on the 15th of January, the same year, -announcing a surplus of three millions; and six weeks thereafter, on -the first of January, announcing a surplus of five millions; while -the assets of the bank were carried up to seventy-six millions. -In this way credit was kept up. The creating of suspensions--that -of 1837, and subsequent--cost immense sums, and involved the most -enormous villainy; and the last of these attempts--the run upon the -New York banks to stop them again before she herself stopped for -the last time--was gigantically criminal, and ruinous to itself. -Mr. Joseph Cowperthwaite (perfectly familiar with the operation) -describes it to the life, and with the indifference of a common -business transaction. Premising that a second suspension was coming -on, it was deemed best (as in the first one of 1837) to make it -begin in New York; and the operation for that purpose is thus -narrated: - - "After the feverish excitement consequent on this too speedy - effort to return to cash payments had in a good degree subsided, - another crisis was anticipated, and it was feared that the - banks generally would be obliged again to suspend. This was, - unhappily, too soon to be realized, for the storm was then ready - to burst, but, instead of meeting its full force at once, it - was deemed best to make it fall first upon the banks of New - York. To effect this purpose, large means were necessary, and to - procure these, resort was had to the sale of foreign exchange. - The state of the accounts of the bank with its agents abroad did - not warrant any large drafts upon them, especially that of the - Messrs. Hottinguer in Paris. This difficulty, however, it was - thought might be avoided, by shipping the coin to be drawn from - the New York banks immediately to meet the bills. Accordingly, - large masses of exchange, particularly bills on Paris, which - were then in great demand, were sent to New York to be sold - without limit. Indeed, the bills were signed in blank, and so - sent to New York; and although a large book was thus forwarded, - it was soon exhausted, and application was made to the agent - of the Paris house in New York for a further supply, who drew - a considerable amount besides. The proceeds of these immense - sales of exchange created very heavy balances against the New - York banks, which, after all, signally failed in producing the - contemplated effect. The bills not being provided for, nor even - regularly advised, as had uniformly been the custom of the bank, - were dishonored; and although the agent in London did every - thing which skill and judgment could accomplish, the credit of - the bank was gone, and from that day to the present its effects - upon the institution have been more and more disastrous." - -"Deemed best to make the storm fall first upon the banks of New -York;" and for that purpose to draw bills without limit, without -funds to meet them, in such rapid succession as to preclude the -possibility of giving notice--relying upon sending the gold which -they drew out of the New York banks to Paris, to meet the same bills -(all the while laying that exportation of gold to the wickedness of -the specie circular), and failing to get the money there as fast -as these "race-horse" bills went--they returned dishonored--came -rolling back by millions, protested in Paris, to be again protested -in Philadelphia. Then the bubble burst. The credit which sustained -the monster was gone. Ruin fell upon itself, and upon all who put -their trust in it; and certainly this last act, for the criminality -of its intent and the audacity of its means, was worthy to cap and -crown the career of such an institution. - -It was the largest ruin, and the most criminal that has been -seen since the South Sea and Mississippi schemes; yet no one was -punished, or made to refund. Bills of indictment were found by the -grand jury of the county of Philadelphia against Nicholas Biddle, -Samuel Jaudon, and John Andrews, for a conspiracy to defraud the -stockholders in the bank; and they were arrested, and held to bail -for trial. But they surrendered themselves into custody, procured -writs of _habeas corpus_ for their release; and were discharged in -vacation by judges before whom they were brought. It has been found -difficult in the United States to punish great offenders--much -more so than in England or France. In the cases of the South Sea -and Mississippi frauds, the principal actors, though men of high -position, were criminally punished, and made to pay damages. While -these delinquencies were going on in the Bank of the United States, -an eminent banker of London--Mr. Fauntleroy--was hanged at Tyburn, -like a common felon--for his bank misdeeds: and while some plundered -stockholders are now (autumn of 1855) assembled in Philadelphia, -searching in vain for a shilling of their stock, three of the -greatest bankers in London are receiving sentence of transportation -for fourteen years for offences, neither in money nor morals, the -hundredth part of the ruin and crime perpetrated by our American -bank--bearing the name of the United States. The case presents -too strong a contrast, and teaches too great a lesson to criminal -justice to be omitted; and here it is: - - "The firm had been in existence for nearly two centuries. The - two elder partners of the firm had been distinguished for - munificent charities, for an advocacy of great moral reforms, - and an active participation in the religious or philanthropic - measures of the day. They had always been liberal givers, - had presided at Exeter Hall meetings, built chapels, and - generally acted the part of liberal and useful members of - society; and one of them, Sir John Dean Paul, was a baronet - by descent, and allied to some of the highest nobility of - England. He was first cousin to the present Lord Ravensworth, - the honorable Augustus and Adolphus Liddell, the rector of St. - Paul's, Knightsbridge, the Countess of Hardwicke, Viscountess - Barrington, Lady Bloomfield; and, above all, the honorable - Mrs. Villiers, sister-in-law to the Earl of Clarendon. These - connections, however, in a country where rank and social - position have peculiar influence, did not save them from a - criminal trial and utter disgrace. One of their customers, in - obedience to what he believed to be a duty to society, having - personally inquired into the affairs of the firm, proceeded to - lay a criminal information against Messrs. Strahan, Paul, and - Bates, which led to their indictment and subsequent trial before - the criminal court. This gentleman was the Rev. Dr. Griffith, - Prebendary of Rochester, a wealthy ecclesiastic and a personal - friend of all the partners of the firm, with which he had - been a large depositor for many years. On the twenty-fifth of - October the trial came on before Mr. Baron Alderson, assisted - by Baron Martin and Justice Willes. The defendants appeared - in court, attended by Sir Frederick Thesiger, Mr. Ballantyne, - Sergeant Byles, and other almost equally eminent counsel. The - Attorney-general appeared for the prosecution, and the evidence - adduced at the trial, disclosed the following facts: Dr. - Griffith, the prosecutor in the proceedings, and who, at the - time of the failure of the defendants, had money and securities - on deposit with them to the amount of L22,000, about five years - ago empowered them to purchase for him on three different - occasions, Danish five per cent. bonds to the value of L5,000. - The defendants purchased the bonds, upon which they regularly - received the dividends, and credited Dr. Griffith with the same - on their books. This continued until March, 1854, when Sir John - D. Paul, to relieve the embarrassments under which the firm - were laboring, sold these securities, together with others - with which they were entrusted, and appropriated the proceeds, - amounting to over L12,000, to the use of the firm. This, as we - have stated, was no offence at common law, and the indictment - was preferred upon a statutory provision found in the 7th and - 8th of George IV., cap. 29. The rigid severity of the penal - law in England on this subject will be better appreciated when - we add, that the bonds were replaced by others of equal value, - in the June following their misappropriation, just one year - previous to the failure of the firm; and that the indictment - only charged the defendants with misappropriating them in this - single instance, although it was shown that the second set of - bonds were again sold for the use of the firm in April, 1855; - Dr. Griffith having, in the interval, regularly received his - dividends; so that, although the firm might be perfectly solvent - at this moment, the fact that they had sold the bonds in March, - 1851, even if they had replaced them in June, 1854, and had - credited Dr. Griffith with the dividends on them between those - dates, would still render them liable to an indictment. The - case, therefore, overlooking the final misappropriation of the - bonds, and the failure of the firm in 1855, was narrowed down to - the single issue--whether they had been sold in 1854 without the - consent of Dr. Griffith." - -For misappropriating sixty thousand dollars of one of their -customers--using it without his consent--these three great London -bankers were sentenced to fourteen years' transportation: for -misappropriating thirty-five millions, and sinking twenty-one -millions more in other institutions, the wrong-doers go free in the -United States--giving some countenance among us to the sarcasm of -the Scythian philosopher, that laws are cobwebs which catch the weak -flies, and let the strong ones break through. The Judge (Mr. Baron -Alderson) who tried this case (that of the three London bankers), -had as much heart and feeling as any judge, or man ought to have; -but he also had a sense of his own duty, and of his obligations to -the laws, and to the country; and in sentencing men of such high -position, and with whom he had been intimate and social, he combined -in the highest degree the feelings of a man with the duties of the -judge. He said to the prisoners: - - "William Strahan, Sir John Dean Paul, and Robert Makin Bates, - the jury have now found you guilty of the offence charged upon - you in the indictment--the offence of disposing of securities - which were entrusted by your customers to you as bankers, for - the purpose of being kept safe for their use, and which you - appropriated, under circumstances of temptation, to your own. - A greater and more serious offence can hardly be imagined in a - great commercial city like this. It tends to shake confidence - in all persons in the position you occupied, and it has shaken - the public confidence in establishments like that you for a - long period honorably conducted. I do very, very much regret - that it falls to my lot to pass any sentence on persons in - your situation; but yet the public interest and public justice - require it; and it is not for me to shrink from the discharge of - any duty, however painful, which properly belongs to my office. - I should have been very glad, if it had pleased God that some - one else now had to discharge that duty. I have seen (continued - the learned judge, with deep emotion) at least one of you under - very different circumstances, sitting at my side in high office, - instead of being where you now are, and I could scarcely then - have fancied to myself that it would ever come to me to pass - sentence on you. But so it is, and this is a proof, therefore, - that we all ought to pray not to be led into temptation. You - have been well educated, and held a high position in life, and - the punishment which must fall on you will consequently be the - more seriously and severely felt by you, and will also greatly - affect those connected with you, who will most sensitively feel - the disgrace of your position. All that I have to say is, that - I cannot conceive any worse case of the sort arising under the - act of Parliament, applicable to your offence. Therefore, as I - cannot conceive any worse case under the act, I can do nothing - else but impose the sentence therein provided for the worst - case, namely, the most severe punishment, which is, that you be - severally transported for fourteen years." - -For the admiration of all in our America--for the imitation of -those who may be called to act in the like cases--with the sad -conviction that the administration of criminal justice is not equal -in our Republic to what it is in the monarchies of Europe: for -the benefit of all such, this brief notice of judicial action in -an English court against eminent, but culpable bankers, is here -given--contrasting so strikingly with the vain attempts to prosecute -those so much more culpable in our own country. - - - - -CHAPTER LXXXVIII. - -END AND RESULTS OF THE EXTRA SESSION. - - -This extraordinary session, called by President Harrison, held -under Mr. Tyler, dominated by Mr. Clay, was commenced on the -31st of May and ended the 13th of September: seventy-five days' -session--and replete with disappointed calculations, and nearly -barren of permanent results. The whigs expected from it an easy and -victorious course of legislation, and the consolidation of their -power by the inauguration of their cherished measures for acting on -the people--national bank--paper money national currency--union of -bank and state--distribution of public money--bankrupt act--monopoly -of office. The democracy saw no means of preventing these measures; -but relied upon the goodness of their cause, the badness of the -measures to be adopted by the whigs, and the blunders they would -commit, to give them eventual victory, and soon to restore parties -to their usual relative positions. The defection of Mr. Tyler was -not foreseen: his veto of a national bank was not counted upon: the -establishment of that institution was considered certain: and the -only remedy thought of was in the repeal of the law establishing -it. As a public political corporation, that repealability came -within the decision of the Supreme Court of the United States in -the Dartmouth College case; and being established for the good of -the state, it became amenable to the judgment of the State upon the -question of good, or evil--to be decided by the political power. -Repealability was then the reliance against a national bank; and -that ground was immediately taken, and systematically urged--both -for the purpose of familiarizing the people with the idea of repeal, -and of deterring capitalists from taking its stock. The true service -that Mr. Tyler did the democratic party was in rejecting the bank -charters (for such they both were, though disguised with ridiculous -names). Numerically he weakened the whig ranks but little: -potentially not at all--as those who joined him, took office: and -became both useless to him, and a reproach. That _beau ideal_, of a -whig unity--"whig President, whig Congress, and whig people"--which -Mr. Webster and Mr. Cushing were to realize, vanished: and they -with it--leaving Mr. Tyler without whig, and without democratic -adherents; but with a small party of his own as long as he was in -a condition to dispense office. The legislation of the session was -a wreck. The measures passed, had no duration. The bankrupt act, -and the distribution act, were repealed by the same Congress that -passed them--under the demand of the people. The new tariff act, -called revenue--was changed within a year. The sub-treasury system, -believed to have been put to death, came to life again. Gold and -silver, intended to have been ignored as a national currency, -had become that currency--both for the national coffers, and the -people's pockets. Of all the measures of that extraordinary session, -opening with so much hope, nothing now remains to recall the idea -of its existence, but, _first_--THE HOME SQUADRON! keeping idle -watch on our safe coasts, at the cost of a million per annum. -_Next_, THE OCEAN LINE STEAMERS! plundering the country of two -millions annually, oppressing fair competition and damaging the -character of Congress. And last, not least, THAT ONE HOUR RULE! -which has silenced the representatives of the people in the House -of Representatives, reduced the national legislation to blind -dictation, suppressed opposition to evil measures, and deprived the -people of the means of knowing the evil that Congress is doing. - -To the democracy it was a triumphant session--triumphant in every -thing that constitutes moral and durable triumph. They had broken -down the whig party before the session was over--crushed it upon -its own measures; and were ready for the elections which were to -reverse the party positions. The Senate had done it. The House, -oppressed by the hour rule, and the tyrannical abuse of the previous -question, had been able to make but little show. The two-and-twenty -in the Senate did the work; and never did I see a body of men more -effective or brilliant--show a higher spirit or a more determined -persistence. To name the speakers, would be to enumerate all--except -Mr. Mouton, who not having the English language perfect was limited -to his vote--always in place, and always faithful. The Globe -newspaper was a powerful assistant, both as an ally working in -its own columns, and as a vehicle of communication for our daily -debates. Before the session was over we felt ourselves victorious, -and only waiting for the day when the elections were to show it. Of -all our successes, that of keeping the hour rule, and the previous -question out of the American Senate, was the most brilliant, and -durably beneficent--rising above party--entering the high region of -free government--preserving the liberty of speech--preserving to -republican government its distinctive and vital feature, that of -free debate; and saving national legislation from unresisted party -dictation. - - - - -CHAPTER LXXXIX. - -FIRST ANNUAL MESSAGE OF PRESIDENT TYLER. - - -This message coming in so soon after the termination of the extra -session--only two months after it--was necessarily brief and -meagre of topics, and presents but few points worthy of historical -remembrance. The first subject mentioned was the acquittal of -McLeod, which had taken place in the recess: and with which result -the British government was content. The next subject was, the -kindred matter of the Caroline; on which the President had nothing -satisfactory to communicate, but expressed a high sense of the -indignity which had been offered to the United States, and evinced a -becoming spirit to obtain redress for it. He said: - - "I regret that it is not in my power to make known to you an - equally satisfactory conclusion in the case of the Caroline - steamer, with the circumstances connected with the destruction - of which, in December, 1837, by an armed force fitted out in - the Province of Upper Canada, you are already made acquainted. - No such atonement as was due for the public wrong done to the - United Stares by this invasion of her territory, so wholly - irreconcilable with her rights as an independent power, has yet - been made. In the view taken by this government, the inquiry - whether the vessel was in the employment of those who were - prosecuting an unauthorized war against that Province, or was - engaged by the owner in the business of transporting passengers - to and from Navy Island in hopes of private gain, which was - most probably the case, in no degree alters the real question - at issue between the two governments. This government can - never concede to any foreign government the power, except in - a case of the most urgent and extreme necessity, of invading - its territory, either to arrest the persons or destroy the - property of those who may have violated the municipal laws of - such foreign government, or have disregarded their obligations - arising under the law of nations. The territory of the United - States must be regarded as sacredly secure against all such - invasions, until they shall voluntarily acknowledge their - inability to aquit themselves of their duties to others. And in - announcing this sentiment, I do but affirm a principle which - no nation on earth would be more ready to vindicate, at all - hazards, than the people and government of Great Britain." - -The finances were in a bad condition, and the President chiefly -referred to the report of the Secretary of the Treasury upon -them. Of the loan of twelve millions authorized at the previous -session, only five millions and a half had been taken--being the -first instance, and the last in our financial history in which, -in time of peace, our government was unable to borrow money. A -deficiency existed in the revenues of the year, and for the ensuing -year that deficiency was estimated, would amount to a fraction -over fourteen millions of dollars. To meet this large deficit the -secretary recommended--_first_, an extension of the term for the -redeemability of the remainder of the authorized loan, amounting -to $6,500,000. _Secondly_, the re-issue of the five millions of -treasury notes authorized at the previous session. _Thirdly_, -the remainder ($2,718,570) to be made up by additional duties on -imported articles. While recommending these fourteen millions and -a quarter to be raised by loans, treasury notes, and duties, the -President recommended the land revenue should still remain as a fund -for distribution to the States, and was solicitous that, in the -imposition of new duties, care should be taken not to impair the -mutual assurance for each other's life which the land distribution -bill, and the compromise clause contained in the tariff bill of the -extra session provided for each other--saying: "It might be esteemed -desirable that no such augmentation of the duties should take place -as would have the effect of annulling the land proceeds distribution -act of the last session, which act it declared to be inoperative the -moment the duties are increased beyond 20 per centum--the maximum -rate established by the compromise act." This recommendation, so -far as it applied to the compromise act, was homage to the dead; -and so far as it related to continuing the distribution of the -land revenue was, probably, the first instance in the annals of -nations in which the chief magistrate of a country has recommended -the diversion and gratuitous distribution of a large branch of its -revenues, recommending at the same time, money to be raised by -loans, taxes, and government notes to supply the place of that given -away. The largeness of the deficiency was a point to be accounted -for; and that was done by showing the great additional expenses to -be incurred--and especially in the navy, for which the new secretary -(Mr. Upshur) estimated enormously, and gave rise to much searching -discussion in Congress: of which, in its place. But the chief item -in the message was another modification of the fiscalities of the -extra session, with a new name, and an old countenance upon it, -except where it was altered for the worse. This new plan was thus -introduced by the President: - - "In pursuance of a pledge given to you in my last message to - Congress, which pledge I urge as an apology for adventuring - to present you the details of any plan, the Secretary of the - Treasury will be ready to submit to you, should you require - it, a plan of finance which, while it throws around the - public treasure reasonable guards for its protection, and - rests on powers acknowledged in practice to exist from the - origin of the government, will, at the same time, furnish to - the country a sound paper medium, and afford all reasonable - facilities for regulating the exchanges. When submitted, you - will perceive in it a plan amendatory of the existing laws - in relation to the Treasury department--subordinate in all - respects to the will of Congress directly, and the will of - the people indirectly--self-sustaining should it be found in - practice to realize its promises in theory, and repealable at - the pleasure of Congress. It proposes by effectual restraints, - and by invoking the true spirit of our institutions, to - separate the purse from the sword; or more properly to speak, - denies any other control to the President over the agents who - may be selected to carry it into execution, but what may be - indispensably necessary to secure the fidelity of such agents; - and, by wise regulations, keeps plainly apart from each other - private and public funds. It contemplates the establishment of - a Board of Control at the seat of government, with agencies - at prominent commercial points, or wherever else Congress - shall direct, for the safe-keeping and disbursement of the - public moneys, and a substitution, at the option of the public - creditor, of treasury notes, in lieu of gold and silver. - It proposes to limit the issues to an amount not to exceed - $15,000,000--without the express sanction of the legislative - power. It also authorizes the receipt of individual deposits - of gold and silver to a limited amount, and the granting - certificates of deposit, divided into such sums as may be - called for by the depositors. It proceeds a step further, and - authorizes the purchase and sale of domestic bills and drafts, - resting on a real and substantial basis, payable at sight, or - having but a short time to run, and drawn on places not less - than one hundred miles apart--which authority, except in so far - as may be necessary for government purposes exclusively, is only - to be exerted upon the express condition, that its exercise - shall not be prohibited by the State in which the agency is - situated." - -This was the prominent feature of the message, and appeared to -Mr. Benton to be so monstrous and dangerous that it ought not to -be allowed to get out of the Senate without a mark of reprobation -should be first set upon it. The moment the reading was finished, -the usual resolve was offered to print extra copies, when he rose -and inveighed against the new fiscality with great vehemence, saying: - - "He could not reconcile it to himself to let the resolution pass - without making a few remarks on that part of the message which - related to the new fiscal agent. Looking at that feature of it, - as read, he perceived that the President gave an outline of his - plan, leaving it to the Secretary of the Treasury to furnish - the details in his report. He (Mr. BENTON) apprehended that - nothing in those details could reconcile him to the project, or - in any manner meet his approbation. There were two main points - presented in the plan, to which he never could agree--both being - wholly unconstitutional and dangerous. One was that of emitting - bills of credit, or issuing a treasury currency. Congress had - no constitutional authority to issue paper money, or emit - federal bills of credit; and the other feature is to authorize - this government to deal in exchanges. The proposition to issue - bills of credit, when under consideration at the formation - of the constitution, was struck out with the express view of - making this government a hard money government--not capable of - recognizing any other than a specie currency--a currency of gold - and silver--a currency known and valued, and equally understood - by every one. But here is a proposition to do what is expressly - refused to be allowed by the framers of the constitution--to - exercise a power not only not granted to Congress, but a power - expressly denied. The next proposition is to authorize the - federal government to deal in and regulate exchanges, and to - furnish exchange to merchants. This is a new invention--a modern - idea of the power of this government, invented by Mr. Biddle, - to help out a national bank. Much as General Hamilton was in - favor of paper money, he never went the length of recommending - government bills of credit, or dealings in exchange by the - United States Treasury. The fathers of the church, Macon, and - John Randolph, and others, called this a hard money government: - they objected to bank paper; but here is government paper; and - that goes beyond Hamilton, much as he was in favor of the paper - system. The whole scheme making this government a regulator of - exchange--a dealer in exchange--a furnisher of exchange--is - absurd, unconstitutional, and pernicious, and is a new thing - under the sun. - - "Now he (Mr. BENTON) objected to this government becoming a - seller of exchange to the country (which is transportation of - money), for which there is no more authority than there is for - its furnishing transportation of goods or country produce. There - is not a word in the constitution to authorize it--not a word - to be found justifying the assumption. The word exchange is not - in the constitution. What does this message propose? Congress - is called upon to establish a board with agencies, for the - purpose of furnishing the country with exchanges. Why should - not Congress be also called on to furnish that portion of the - community engaged in commerce with facilities for transporting - merchandise? The proposition is one of the most pernicious - nature, and such as must lead to the most dangerous consequences - if adopted. - - "The British debt began in the time of Sir Robert Walpole, on - issues of exchequer bills--by which system the British nation - has been cheated, and plunged irretrievably in debt to the - amount of nine hundred millions of pounds. The proposition that - the government should become the issuer of exchequer notes, - is one borrowed from the system introduced in England by Sir - Robert Walpole, whose whig administration was nothing but a high - tory administration of Queen Anne: and infinitely worse; for - Walpole's exchequer bills were for large sums, for investment: - this scheme goes down to five dollar notes for common and petty - circulation. He (Mr. BENTON) had much to say on this subject, - but this was not the time for entering at large into it. This - perhaps was not the proper occasion to say more; nor would it, - he considered, be treating the President of the United States - with proper respect to enter upon a premature discussion. He - could not, however, in justice to himself, allow this resolution - to pass without stating his objections to two such obnoxious - features of the proposed fiscality, looking, as he did, upon the - whole thing as one calculated to destroy the whole structure of - the government, to change it from the hard money it was intended - to be, to the paper money government it was intended not to - be, and to mix it up with trade, which no one ever dreamed - of. He (Mr. BENTON) had on another occasion stated that this - administration would go back not only to the federal times of - '98, but to the times of Sir Robert Walpole and Queen Anne, and - the evidence is now before us. - - "He (Mr. BENTON) had only said a few words on this occasion, - because he could not let the proposition to sanction bills - of credit go without taking the very earliest opportunity - of expressing his disapprobation, and denouncing a system - calculated to produce the same results which had raised the - funded debt of Great Britain from twenty-one millions to nine - hundred millions of pounds. He should avail himself of the first - appropriate opportunity to maintain the ground he had assumed as - to the identity of this policy with that of Walpole, by argument - and references, that this plan of the President's was utterly - unconstitutional and dangerous--part borrowed from the system - of English exchequer issues, and part from Mr. Biddle's scheme - of making the federal government an exchange dealer--though Mr. - Biddle made the government act indirectly through a board of - bank directors, and this makes it act directly through a board - of treasury directors and their agents. - - "This is the first time that a formal proposition has been - made to change our hard money government (as it was intended - to be) into a paper money machine; and it is the first time - that there has been a proposal to mix it up with trade and - commerce, by making it a furnisher of exchanges, a bank of - deposit, a furnisher of paper currency, and an imitator of - the old confederation in its continental bills and a copyist - of the English exchequer system. Being the first time these - unconstitutional and pernicious schemes were formally presented - to Congress, he felt it to be his duty to disclose his - opposition to them at once. He would soon speak more fully." - -The President in his message referred to the accompanying report of -the Secretary of the Treasury (Mr. Walter Forward), for the details -of his plan; and in looking at these they were found to comprise -all the features of a bank of circulation, a bank of deposit, and -a bank of discount upon bills of exchange--all in the hands of -the government, and they to become the collectors and keepers of -the public moneys, and the furnishers of a national paper money -currency, in sums adapted to common dealings, both to the people -and the federal government. It was a revolting scheme, and fit for -instant condemnation, but in great danger of being adopted from the -present predominance of that party in all the departments of the -government which was so greatly addicted to the paper system. - - - - -CHAPTER XC. - -THIRD PLAN FOR A FISCAL AGENT, CALLED EXCHEQUER BOARD: MR. -BENTON'S SPEECH AGAINST IT: EXTRACTS. - - -MR. PRESIDENT:--I have said on several occasions since the present -administration was formed, that we had gone back not merely to the -federal times of General Hamilton, but far beyond them--to the whig -times of Sir Robert Walpole, and the tory times of Queen Anne. When -I have said this I did not mean it for sarcasm, or for insult, or to -annoy the feelings of those who had just gotten into power. My aim -was far higher and nobler--that of showing the retrograde movement -which our government was making, and waking up the country to a -sense of its dangers before it was too late; and to the conviction -of the necessity of arresting that movement, and recovering the -ground which we have lost. When I had said that we had gone back -to the Walpole and Queen Anne times of the British government, I -knew full well the extent of the declaration which I had made, -and the obligation which I had imposed on myself to sustain my -assertion, and I knew that history would bear me out in it. I knew -all this; and I felt that if I could show to the American people -that we had retrograded to the most calamitous period of British -history--the period from which her present calamities all date--and -that we were about to adopt the systems of policy which she then -adopted, and which has led to her present condition; I felt that -if I could do this, I might succeed in rousing up the country to -a sense of its danger before it was too late to avoid the perils -which are spread before us. The administration of Sir Robert Walpole -was the fountain-head of British woes. All the measures which have -led to the present condition of the British empire, and have given -it more debt and taxes, more paupers, and more human misery than -ever before was collected under the sway of one sceptre: all these -date from the reigns of the first and second George; when this -minister, for twenty-five years, was the ruler of parliament by -means of the moneyed interest, and the ruler of kings by beating the -tories at their own game of non-resistance and passive obedience to -the royal will. The tories ruled under Queen Anne: they went for -church and state, and rested for support on the landed interest. -The whigs came into power with the accession of George the First: -they went for bank and state; and rested for support on the moneyed -interest. Sir Robert Walpole was the head of the whig party; and -immediately became the favorite of that monarch, and afterwards of -his successor; and, availing himself during that long period of -power of all the resources of genius, unimpeded by the obstacle of -principles, he succeeded in impressing his own image upon the age in -which he lived, and giving to the government policy the direction -which it has followed ever since. Morals, politics, public and -private pursuits, all received the impress of the minister's genius; -and what that genius produced I will now proceed to show: I read -from Smollet's continuation of Hume: - - "This was the age of interested projects, inspired by a - venal spirit of adventure, the natural consequence of that - avarice, fraud, and profligacy which the MONEYED CORPORATIONS - had introduced. The vice, luxury, and prostitution of the - age--the almost total extinction of sentiment, honor, and - public spirit--had prepared the minds of men for slavery and - corruption. The means were in the hands of the ministry: the - public treasure was at their devotion: they multiplied places - and pensions, to increase the number of their dependents: - they squandered away the national treasure without taste, - discernment, decency, or remorse: they enlisted an army of the - most abandoned emissaries, whom they employed to vindicate the - worst measures in the face of truth, common sense, and common - honesty; and they did not fail to stigmatize as Jacobites, and - enemies to the government, all those who presumed to question - the merit of their administration. The interior government - of Great Britain was chiefly managed by Sir Robert Walpole, - a man of extraordinary talents, who had from low beginnings - raised himself to the head of the ministry. Having obtained - a seat in the House of Commons, he declared himself one of - the most forward partisans of the whig faction. He was endued - with a species of eloquence which, though neither nervous nor - elegant, flowed with great facility, and was so plausible on - all subjects, that even when he misrepresented the truth, - whether from ignorance or design, he seldom failed to persuade - that part of his audience for whose hearing his harangue was - chiefly intended. He was well acquainted with the nature of the - public funds, and understood the whole mystery of stockjobbing. - This knowledge produced a connection between him and the MONEY - CORPORATIONS, which served to enhance his importance." - -Such was the picture of Great Britain in the time of Sir Robert -Walpole, and such was the natural fruit of a stockjobbing -government, composed of bank and state, resting for support on -heartless corporations, and lending the wealth and credit of the -country to the interested schemes of projectors and adventurers. -Such was the picture of Great Britain during this period; and who -would not mistake it (leaving out names and dates) for a description -of our own times, in our own America, during the existence of the -Bank of the United States and the thousand affiliated institutions -which grew up under its protection during its long reign of power -and corruption? But, to proceed, with English history: - -Among the corporations brought into existence by Sir Robert -Walpole, or moulded by him into the form which they have since -worn, were the South Sea Company, the East India Company, the Bank -of England, the Royal Insurance Company, the London Insurance -Company, the Charitable Corporation, and a multitude of others, -besides the exchequer and funding systems, which were the machines -for smuggling debts and taxes upon the people and saddling them on -posterity. All these schemes were brought forward under the pretext -of paying the debts of the nation, relieving the distresses of the -people, assisting the poor, encouraging agriculture, commerce, -and manufactures; and saving the nation from the burden of loans -and taxes. Such were the pretexts for all the schemes. They were -generally conceived by low and crafty adventurers, adopted by the -minister, carried through parliament by bribery and corruption, -flourished their day; and ended in ruin and disgrace. A brief -notice of the origin and pretensions of the South Sea scheme, may -serve for a sample of all the rest, and be an instructive lesson -upon the wisdom of all government projects for the relief of the -people. I say, a notice of its origin and pretensions; for the -progress and termination of the scheme are known to everybody, while -few know (what the philosophy of history should be most forward -to teach) that this renowned scheme of fraud, disgrace, and ruin, -was the invention of a London scrivener, adopted by the king and -his minister, passed through parliament by bribes to the amount -of L574,000; and that its vaunted object was to pay the debts of -the nation, to ease the burdens of the subject, to encourage the -industry of the country, and to enrich all orders of men. These -are the things which should be known; these are the things which -philosophy, teaching by the example of history, proposes to tell, -in order that the follies of one age or nation may be a warning to -others; and this is what I now want to show. I read again from the -same historian: - - "The king (George I.) having recommended to the Commons the - consideration of proper means for lessening the national - debt, was a prelude to the famous South Sea act, which became - productive of so much mischief and infatuation. The scheme was - projected by Sir John Blunt, who had been bred a scrivener, and - was possessed of all the cunning, plausibility and boldness - requisite for such an undertaking. He communicated his plan - to the Chancellor of the Exchequer, as well as to one of the - Secretaries of State. He answered all their objections, and the - plan was adopted. They foresaw their own private advantage in - the execution of the design. The pretence for the scheme was - to discharge the national debt, by reducing all the funds into - one. The Bank and the South Sea Company outbid each other. The - South Sea Company altered their original plan, and offered - such high terms to government that the proposals of the Bank - were rejected: and a bill was ordered to be brought into the - House of Commons, formed on the plan presented by the South Sea - Company. The bill passed without amendment or division; and on - the 7th day of April, 1720, received the royal assent. Before - any subscription could be made, a fictitious stock of L574,000 - had been disposed of by the directors to facilitate the passing - of the bill. Great part of this was distributed among the Earl - Sunderland, Mr. Craggs, Secretary of State, the Chancellor of - the Exchequer, the Duchess of Kendall, the Countess of Platen, - and her two nieces" (mistresses of the king, &c.) - -This is a sample of the origin and pretensions of nearly all the -great corporations which were chartered and patronized by the -Walpole whigs: all of them brought forward under the pretext of -relieving the people and the government--nearly all of them founded -in fraud or folly--carried through by corruption--and ending in -disgrace and calamity. Leaving out names, and who would not suppose -that I had been reading the history of our own country in our own -times? The picture suits the United States in 1840 as well as -it suited England in 1720: but at one point, the comparison, if -pushed a step further, would entirely fail; all these corporation -plunderers were punished in England! Though favored by the king -and ministry, they were detested by the people, and pursued to -the extremity of law and justice. The South Sea swindlers were -fined and imprisoned--their property confiscated--their names -attainted--and themselves declared incapable of holding any office -of honor or profit in the kingdom. The president and cashier of -the _charitable corporation_--(which was chartered to relieve the -distresses of the poor, and which swindled the said poor out of -L600,000 sterling)--this president and this cashier were pursued -into Holland--captured--brought back--criminally punished--and made -to disgorge their plunder. Others, authors and managers of various -criminal corporations, were also punished: and in this the parallel -ceases between the English times and our own. With us, the swindling -corporations are triumphant over law and government. Their managers -are in high places--give the tone to society--and riot in wealth. -Those who led, or counselled the greatest ruin which this, or any -country ever beheld--the Bank of the United States--these leaders, -their counsellors and abettors, are now potential with the federal -government--furnish plans for new systems of relief--and are as -bold and persevering as ever in seizing upon government money and -government credit to accomplish their own views. In all this, the -parallel ceases; and our America sinks in the comparison. - -Corporation credit was ruined in Great Britain, by the explosions of -banks and companies--by the bursting of bubbles--by the detection -of their crimes--and by the crowning catastrophe of the South Sea -scheme: it is equally ruined with us, and by the same means, and -by the crowning villany of the Bank of the United States. Bank and -state can no longer go together in our America: the government can -no longer repose upon corporations. This is the case with us in -1841; and it was the case with Great Britain in 1720. The South -Sea explosion dissolved (for a long time) the connection there; -the explosion of the Bank of the United States has dissolved it -here. New schemes become indispensable: and in both countries the -same alternative is adopted. Having exhausted corporation credit -in England, the Walpole whigs had recourse to government credit, -and established a Board of Exchequer, to strike government paper. -In like manner, the new whigs, having exhausted corporation credit -with us, have recourse to government credit to supply its place; and -send us a plan for a federal exchequer, copied with such fidelity -of imitation from the British original that the description of one -seems to be the description of the other. Of course I speak of the -exchequer feature of the plan alone. For as to all the rest of our -cabinet scheme--its banking and brokerage conceptions--its exchange -and deposit operations--its three dollar issues in paper for one -dollar specie in hand--its miserable one-half of one per centum -on its Change-alley transactions--its Cheapside under-biddings of -rival bankers and brokers:--as to all these follies (for they do not -amount to the dignity of errors) they are not copied from any part -of the British exchequer system, or any other system that I ever -heard of, but are the uncontested and unrivalled production of our -own American genius. I repeat it: our administration stands to-day -where the British government stood one hundred and twenty years ago. -Corporation credit exhausted, public credit is resorted to; and -the machinery of an exchequer of issues becomes the instrument of -cheating and plundering the people in both countries. The British -invent: we copy: and the copy proves the scholar to be worthy of the -master. Here is the British act. Let us read some parts of it: and -recognize in its design, its structure, its object, its provisions, -and its machinery, the true original of this plan (the exchequer -part) which the united wisdom of our administration has sent down -to us for our acceptance and ratification. I read, not from the -separate and detached acts of the first and second George, but from -the revised and perfected system as corrected and perpetuated in the -reign of George the Third. (Here Mr. Benton compared the two systems -through the twenty sections which compose the British act, and the -same number which compose the exchequer bill of this administration.) - -Here, resumed Mr. B. is the original of our exchequer scheme! -here is the original of which our united administration has -unanimously sent us down a faithful copy. In all that relates to -the exchequer--its design--operation--and mode of action--they are -one and the same thing! identically the same. The design of both is -to substitute government credit for corporation credit--to strike -paper money for the use of the government--to make this paper a -currency, as well as a means of raising loans--to cover up and hide -national debt--to avoid present taxes in order to increase them an -hundred fold in future--to throw the burdens of the present day -upon a future day; and to load posterity with our debts in addition -to their own. The design of both is the same, and the structure of -both is the same. The English board consists of the lord treasurer -for the time being, and three commissioners to be appointed by the -king; our board is to consist of the Secretary of the Treasury -and the Treasurer for the time being, and three commissioners to -be appointed by the President and Senate. The English board is to -superintend and direct the form and mode of preparing and issuing -the exchequer bills; our board is to do the same by our treasury -notes. The English bills are to be receivable in all payments to -the public; our treasury notes are to be received in like manner -in all federal payments. The English board appoints paymasters, -clerks and officers to assist them in the work of the exchequer; -ours is to appoint agents in the States, with officers and clerks -to assist them in the same work. The English paymasters are to -give bonds, and be subject to inspection; our agents are to do and -submit to the same. The English exchequer bills are to serve for a -currency; and for that purpose the board may contract with persons, -bodies politic and corporate, to take and circulate them; our board -is to do the same thing through its agencies in the States and -territories. The English exchequer bills are to be exchanged for -ready money; ours are to be exchanged in the same manner. In short, -the plans are the same, one copied from the other, identical in -design, in structure, and in mode of operation; and wherein they -differ (as they do in some details), the advantage is on the side -of the British. For example: 1. The British pay interest on their -bills, and raise the interest when necessary to sustain them in the -market. Ours are to pay no interest, and will depreciate from the -day they issue. 2. The British cancel and destroy their bills when -once paid: we are to reissue ours, like common bank notes, until -worn out with use. 3. The British make no small bills; none less -than L100 sterling ($500), we begin with five dollars, like the old -continentals; and, like them, will soon be down to one dollar, and -to a shilling. 4. The British board could issue no bill except as -specially authorized from time to time by act of Parliament: ours -is to keep out a perpetual issue of fifteen millions; thus creating -a perpetual debt to that amount. 5. The British board was to have -no deposit of government stocks: ours are to have a deposit of five -millions, to be converted into money when needed, and to constitute -another permanent debt to that amount. 6. The British gave a true -title to their exchequer act: we give a false one to ours. They -entitled theirs, "_An act for regulating the issuing and paying off, -of exchequer bills:_" we entitle ours, "_A bill amendatory of the -several acts establishing the Treasury department_." In these and -a few other particulars the two exchequers differ; but in all the -essential features--design--structure--operation--they are the same. - -Having shown that our proposed exchequer was a copy of the -British system, and that we are having recourse to it under the -same circumstances: that in both countries it is a transit from -corporation credit deceased, to government credit which is to bear -the brunt of new follies and new extravagances: having shown this, -I next propose to show the manner in which this exchequer system -has worked in England, that, from its workings there, we may judge -of its workings here. This is readily done. Some dates and figures -will accomplish the task, and enlighten our understandings on a -point so important. I say some dates and figures will do it. Thus: -at the commencement of this system in England the annual taxes were -5 millions sterling: they are now 50 millions. The public debt -was then 40 millions: it is now 900 millions, the unfunded items -included. The interest and management of the debt were then 1-1/2 -millions: they are now 30 millions. - -Here Mr. B. exhibited a book--the index to the British Statutes -at large--containing a reference to all the issues of exchequer -bills from the last year of the reign of George I. (1727) to the -fourth year of the reign of her present Majesty (1840). He showed -the amounts issued under each reign, and the parallel growth of the -national debt, until these issues exceeded a thousand millions, -and the debt, after all payments made upon it, is still near one -thousand millions. Mr. B. here pointed out the annual issues under -each reign, and then the totals for each reign, showing that the -issues were small and far between in the beginning--large and close -together in the conclusion--and that it was now going on faster than -ever. - -The following was the table of the issues under each reign: - - Geo. I. in 1727 (one year), L370,000 - Geo. II. from 1727 to 1760 (33 years), 11,500,000 - Geo. III. from 1760 to 1820 (60 years), 542,500,000 - Geo. IV. from 1820 to 1831 (11 years), 320,000,000 - Will. IV. from 1831 to 1837 (6 years), 160,000,000 - Victoria I. from 1837 to 1840 (4 years), 160,000,000 - -------------- - L1 140,370,000 - -Near twelve hundred millions of pounds sterling in less than a -century and a quarter--we may say three-quarters of a century, for -the great mass of the issues have taken place since the beginning -of the reign of George III. The first issue was the third of a -million; under George II., the average annual issue was the third -of a million; under George III., the annual average was nine -millions; under George IV. it was thirty millions; under William -IV. twenty-three millions; and under Victoria, it is twenty-one -millions. Such is the progress of the system--such the danger -of commencing the issue of paper money to supply the wants of a -government. - -This, continued Mr. B., is the fruit of the exchequer issues in -England, and it shows both the rapid growth and dangerous perversion -of such issues. The first bills of this kind ever issued in that -country were under William III., commonly called the Prince of -Orange, in the year 1696. They were issued to supply the place -temporarily of the coin, which was all called in to be recoined -under the superintendence of Sir Isaac Newton. The first bills -were put out by King William only for this temporary purpose, and -were issued as low as ten pounds and five pounds sterling. It was -not until more than thirty years afterwards, and when corporation -credit had failed, that Sir Robert Walpole revived the idea of these -bills, and perverted them into a currency, and into instruments for -raising money for the service of the government. His practice was to -issue these bills to supply present wants, instead of laying taxes -or making a fair and open loan. When due, a new issue took up the -old issue; and when the quantity would become great, the whole were -funded; that is to say saddled upon posterity. The fruit of the -system is seen in the 900,000,000 of debt which Great Britain still -owes, after all the payments made upon it. The amount is enormous, -overwhelming, appalling; such as never could have been created under -any system of taxes or loans. In the nature of things government -expenditure has its limits when it has to proceed upon taxation or -borrowing. Taxes have their limit in the capacity of the people to -pay: loans have their limit in the capacity of men to lend; and -both have their restraints in the responsibility and publicity of -the operation. Taxes cannot be laid without exciting the inquiry of -the people. Loans cannot be made without their demanding wherefore. -Money, i. e. gold and silver, cannot be obtained, but in limited and -reasonable amounts, and all these restraints impose limits upon the -amount of government expenditure and government debt. Not so with -the noiseless, insidious, boundless progress of debt and expenditure -upon the issue of government paper! The silent working of the press -is unheard heard by the people. Whether it is one million or twenty -millions that is struck, is all one to them. When the time comes -for payment, the silent operation of the funding system succeeds to -the silent operation of the printing press; and thus extravagant -expenditures go on--a mountain of debt grows up--devouring interest -accrues--and the whole is thrown upon posterity, to crush succeeding -ages, after demoralizing the age which contracted it. - -The British debt is the fruit of the exchequer system in Great -Britain, the same that we are now urged to adopt, and under the -same circumstances; and frightful as is its amount, that is only -one branch--one part of the fruit--of the iniquitous and nefarious -system. Other parts remain to be stated, and the first that I name -is, that a large part of this enormous debt is wholly false and -factitious! McCulloch states two-fifths to be fictitious; other -writers say more; but his authority is the highest, and I prefer to -go by it. In his commercial dictionary, now on my table, under the -word "_funds_," he shows the means by which a stock for L100 would -be granted when only L60 or L70 were paid for it; and goes on to say: - - "In consequence of this practice, the principal of the debt - now existing amounts to nearly two-fifths more than the amount - actually advanced by the lender." - -So that the English people are bound for two-fifths more of -capital, and pay two-fifths more of annual interest, on account of -their debt than they ever received. Two-fifths of 900,000,000 is -360,000,000; and two-fifths of 30,000,000 is 12,000,000; so that -here is fictitious debt to the amount of $1,600,000,000 of our -money, drawing $60,000,000 of interest, for which the people of -England never received a cent; and into which they were juggled and -cheated by the frauds and villanies of the exchequer and funding -systems! those systems which we are now unanimously invited by our -administration to adopt. The next fruit of this system is that of -the kind of money, as it was called, which was considered lent, and -which goes to make up the three-fifths of the debt admitted to have -been received; about the one-half of it was received in depreciated -paper during the long bank suspension which took place from 1797 -to 1823, and during which time the depreciation sunk as low as 30 -per centum. Here, then, is another deduction of near one-third to -be taken off the one-half of the three-fifths which is counted as -having been advanced by the lenders. Finally, another bitter drop -is found in this cup of indebtedness, that the lenders were mostly -jobbers and gamblers in stocks, without a shilling of their own to -go upon, and who by the tricks of the system became the creditors -of the government for millions. These gentry would puff the stocks -which they had received--sell them at some advance--and then lend -the government a part of its own money. These are the lenders--these -the receivers of thirty millions sterling of taxes--these the scrip -nobility who cast the hereditary nobles into the shade, and who hold -tributary to themselves all the property and all the productive -industry of the British empire. And this is the state of things -which our administration now proposes for our imitation. - -This is the way the exchequer and funding system have worked in -England; and let no one say they will not work in the same manner -in our own country. The system is the same in all countries, and -will work alike every where. Go into it, and we shall have every -fruit of the system which the English people now have; and of this -most of our young States, and of our cities, and corporations, which -have gone into the borrowing business upon their bonds, are now -living examples. Their bonds were their exchequer bills. They used -them profusely, extravagantly, madly, as all paper credit is used. -Their bonds were sold under par, though the discount was usually hid -by a trick: pay was often received in depreciated paper. Sharpers -frequently made the purchase, who had nothing to pay but a part of -the proceeds of the same bonds when sold. And thus the States and -cities are bound for debts which are in a great degree fictitious, -and are bound to lenders who had nothing to lend; and such are the -frauds of the system which is presented to us, and must be our fate, -if we go into the exchequer system. - -I have shown the effect of an exchequer of issues in Great Britain -to strike paper money for a currency, and as a substitute for -loans and taxes. I have shown that this system, adopted by Sir -Robert Walpole upon the failure of corporation credit, has been -the means of smuggling a mountain load of debt upon the British -people, two-fifths of which is fraudulent and fictitious; that -it has made the great body of the people tributaries to a handful -of fundholders, most of whom, without owning a shilling, were -enabled by the frauds of the paper system and the funding system, -to lend millions to the government. I have shown that this system, -thus ruinous in England, was the resort of a crafty minister to -substitute government credit for the exhausted credit of the moneyed -corporations, and the exploded bubbles; and I have shown that the -exchequer plan now presented to us by our administration, is a -faithful copy of the English original. I have shown all this; and -now the question is, shall we adopt this copy? This is the question; -and the consideration of it implies the humiliating conclusion, that -we have forgot that we have a constitution, and we have gone back to -the worst era of English history--to times of the South Sea bubble, -to take lessons in the science of political economy. Sir, we have -a Constitution! and if there was any thing better established than -another, at the time of its adoption, it was that the new government -was a hard-money government, made by hard-money men, who had seen -and felt the evils of government paper, and who intended for ever to -cut off the new government from the use of that dangerous expedient. -The question was made in the Convention (for there was a small paper -money party in that body), and solemnly decided that the government -should not emit paper money, bills of credit, or paper currency -of any kind. It appears from the history of the Convention, that -the first draft of the constitution contained a paper clause, and -that it stood in connection with the power to raise money; thus: -"_To borrow money, and emit bills, on the credit of the United -States._" When this clause came up for consideration, Mr. Gouverneur -Morris moved to strike out the words, "_and emit bills_," and was -seconded by Mr. Pierce Butler. "Mr. Madison thought it sufficient -to prevent them from being made a tender." "Mr. Ellsworth thought -this a favorable moment to shut and bar the door against paper -money. The mischief of the various experiments which had been made, -were now fresh in the public mind, and had excited the disgust of -all the respectable part of America. By withholding the power from -the new government, more friends of influence would be gained to -it than by almost any thing else. Paper money can in no case be -necessary. Give the government credit, and other resources will -offer. The power may do harm, never good." Mr. Wilson said: "It will -have a most salutary influence on the credit of the United States, -to remove the possibility of paper money. This expedient can never -succeed while its mischiefs are remembered; and as long as it can -be resorted to, it will be a bar to other resources." "Mr. Butler -remarked that paper was a legal tender in no country in Europe. He -was urgent for disarming the government of such a power." "Mr. Read -thought the words, if not struck out, would be as alarming as the -mark of the beast in Revelations." "Mr. Langdon had rather reject -the whole plan than retain the three words, 'and emit bills.'" A few -members spoke in favor of retaining the clause; but, on taking the -vote, the sense of the convention was almost unanimously against it. -Nine States voted for striking out: two for retaining. - -If there were a thousand constitutional provisions in favor of -paper money, I should still be against it--against the thing -itself, _per se_ and _propter se_--on account of its own inherent -baseness and vice. But the Constitution is against it--clearly so -upon its face; upon its history; upon its early practice; upon its -uniform interpretation. The universal expression at the time of its -adoption was, that the new government was a hard money government, -made by hard money men, and that it was to save the country from -the curse of paper money. This was the universal language--this -the universal sentiment; and this hard money character of the new -government was one of the great recommendations in its favor, and -one of the chief inducements to its adoption. All the early action -of the government conformed to this idea--all its early legislation -was as true to hard money as the needle is to the pole. The very -first act of Congress for the collection of duties on imports, -passed in the first year of the new government's existence, and -enacted by the very men who had framed the Constitution--this first -act required those duties to be paid "_in gold and silver coin -only;_" the word _only_, which is a contraction for the old English -_onely_, being added to cut off the possibility of an intrusion, -or an injection of a particle of paper money into the Treasury of -the United States. The first act for the sale of public lands -required them to be paid for in "_specie_"--the specie circular of -1836 was only the enforcement of that act; and the hard money clause -in the independent treasury was a revival of these two original -and fundamental revenue laws. Such were the early legislative -interpretations of the Constitution by the men who made it; and -corresponding with these for a long time after the commencement of -the government, were the interpretations of all public men, and of -no one more emphatically than of him who is now the prominent member -of this administration, and to whose hand public opinion attributes -the elaborate defence of the Cabinet Exchequer plan which has been -sent down to us. In two speeches, delivered by that gentleman in the -House of Representatives in the year 1816, he thus expressed himself -on the hard money character of our government, and on the folly and -danger of the paper system: - - "No nation had a better currency than the United States. There - was no nation which had guarded its currency with more care: for - the framers of the Constitution and those who had enacted the - early statutes on the subject, were hard money men. They had - felt and duly appreciated the evils of a paper medium: they, - therefore, sedulously guarded the currency of the United States - from debasement. The legal currency of the United States was - gold and silver coin: this was a subject in regard to which - Congress had run into no folly. Gold and silver currency was - the law of the land at home, and the law of the world abroad: - there could, in the present condition of the world, be no other - currency." - -So spake the present Secretary of State in February, 1816; and -speaking so, he spoke the language of the Constitution, of the -statesman, and of the enlightened age in which we live. He was right -in saying that Congress, up to that time, had run into no folly -in relation to the currency; that is to say, had not attempted to -supersede the hard money of the Constitution by a national currency -of paper. I can say the same for Congress up to the present day. -Can the Secretary answer in like manner for the cabinet of which he -is a member? Can he say of _it_, that _it_ has run into no folly in -relation to the currency? The secretary is right again in saying -that, in the present condition of the world, there can be no other -currency than gold and silver. Certainly he is right. Gold and -silver is the measure of values. The actual condition of the world -requires that measure to be uniform and universal. The whole world -is now in a state of incessant intercommunication. Commercial, -social, political relations are universal. Dealings and transactions -are immense. All nations, civilized and barbarian, acknowledge the -validity of the gold and silver standard; and the nation that should -attempt to establish another, would derange its connections with the -world, and put itself without the pale of its monetary system. The -Secretary was right in saying that, in the present condition of the -world, in the present state of the universal intercommunications of -all mankind, there could be no measure of values but that which was -universally acknowledged, and that all must conform to that measure. -In this he showed a grasp of mind--a comprehension and profundity of -intellect--which merits encomium, and which casts far into the shade -the lawyer-like argument, in the shape of a report, which has been -sent down to us. - -The senator from Virginia [Mr. Rives] felicitates himself upon the -character of these proposed exchequer bills, because they are not -to be declared by law to be a legal tender: as if there was any -necessity for such a declaration! Far above the law of the land is -the law of necessity! far above the legal tender, which the statute -enacts, is the forced tender which necessity compels. There is no -occasion for the statutory enactment: the paper will soon enact the -law for itself--that law which no power can resist, no weakness can -shun, no art elude, no cunning escape. It is the prerogative of all -paper money to expel all hard money; and then to force itself into -every man's hand, because there is nothing else for any hand to -receive. It is the prerogative of all paper money to do this, and -of government paper above all other. Let this government go into -the business of paper issues: let it begin to stamp paper for a -currency, and it will quickly find itself with nothing but paper on -its hands;--paper to pay out--paper to receive in;--the specie basis -soon gone--and the vile trash depreciating from day to day until it -sinks into nothing, and perishes on the hands of the ignorant, the -credulous, and the helpless part of the community. - -The same senator [Mr. RIVES] consoles himself with the small amount -of these exchequer bills which are to be issued--only fifteen -millions of dollars. Alas! sir, does he recollect that that sum is -seven times the amount of our first emission of continental bills? -that it is fifteen times the amount of Sir Robert Walpole's first -emission of exchequer bills? and double the amount of the first -emission of the French assignats? Does he consider these things, and -recollect that it is the first step only which costs the difficulty? -and that, in the case of government paper money, the subsequent -progress is rapid in exact proportion to the difficulty of the first -step? Does he not know that the first emission of our continental -bills was two millions of dollars, and that in three years they -amounted to two hundred millions? that the first issue of Sir Robert -Walpole's exchequer bills was the third of a million, and that they -have since exceeded a thousand millions? that the first emission of -assignats was the third of a milliard of francs, and that in seven -years they amounted to forty-five thousand milliards? Thus it has -been, and thus it will be. The first issues of government paper are -small, and with difficulty obtained, and upon plausible pretexts of -necessity and relief. The subsequent issues are large, and obtained -without opposition, and put out without the formality of an excuse. -This is the course, and thus it will be with us if we once begin. We -propose fifteen millions for the start: grant it: it will soon be -fifteen hundred millions! and those who go to that excess will be -far less blamable than those who made the first step. - -I have said that the present administration have gone back far -beyond the times of General Hamilton--that they have gone to -the times of Sir Robert Walpole; and I prove it by showing how -faithfully they copy his policy in pursuing the most fatal of his -measures. Yes, sir, they have gone back not merely far beyond -where General Hamilton actually stood, but to the point to which -he refused to go. He refused to go to government paper money. That -great man, though a friend to bank paper, was an enemy to government -paper. He condemned and deprecated the whole system of government -issues. He has left his own sentiments on record on this point, and -they deserve in this period of the retrogression of our government -to be remembered, and to be cited on this floor. In his report on a -national bank in 1791, he ran a parallel between the dangers of bank -paper and government paper, assigning to the latter the character of -far greatest danger and mischief--an opinion in which I fully concur -with him. In that report, he thus expressed himself on the dangers -of government paper: - - "The emitting of paper money by the authority of the government - is wisely prohibited to the individual States by the National - Constitution: and the spirit of the prohibition should not be - disregarded by the government of the United States. Though - paper emissions, under a general authority, might have some - advantages not applicable, and be free from disadvantages which - are applicable, to the like emissions by the States separately, - yet they are of a nature so liable to abuse--and, it may even - be affirmed, so certain of being abused--that the wisdom of the - government will be shown in never trusting itself with the use - of so seducing and dangerous an expedient. The stamping of paper - is an operation so much easier than the laying of taxes, that - a government in the practice of paper emissions would rarely - fail, in any such emergency, to indulge itself too far in the - employment of that resource, to avoid, as much as possible, one - less auspicious to present popularity. If it should not even be - carried so far as to be rendered an absolute bubble, it would at - least be likely to be extended to a degree which would occasion - an inflated and artificial state of things, incompatible with - the regular and prosperous course of the political economy." - -A division has taken place in the great whig party on this point. -It has split into two wings--a great, and a small wing. The body of -the party stand fast on the Hamiltonian ground of 1791: a fraction -of the party have slid back to the Walpole ground of 1720. The point -of difference between them is a government bank and government paper -on one hand, and a banking company under a national charter, issuing -bank notes, on the other. This is the point of difference, and it is -a large one, very visible to every eye; and I am free to say that, -with all my objections to the national bank and its paper, I am far -more opposed to government banking, and to government issues of -paper money. - -The Tyler-Webster whigs are for government banking--for making -the transit from corporation credit, no longer available, to -government credit, which is to stand the brunt of new follies and -new extravagances. They go for the British exchequer system, with -all the folly and degradation of modern banking superadded and -engrafted upon it. And what are the pretexts for this flagrant -attempt? The same that were urged by the scrivener, John Blunt, in -favor of his South Sea bubble--and by the gambler, John Law, in -favor of the Mississippi scheme. To relieve the public distress--to -aid the government and the people--to make money plenty, and to -raise the price of property and wages: these are the pretexts -which usher in our exchequer scheme, and which have ushered in all -the paper money bubbles and projects which have ever afflicted -and disgraced mankind. Relief to the people has been the pretext -for the whole; and they have all ended in the same way--in the -enrichment of sharpers--the plunder of nations--and the shame of -governments. All these schemes have been brought forward in the same -way, and although base upon their face, and clearly big with shame -and ruin, and opposed by the wise and good of the times, yet there -seem to be seasons of national delusion when the voice of judgment, -reason, and honor is drowned under the clamor of knaves and dupes; -and when the highest recommendation of a new plan is its absolute -folly, knavery, and audacity. Thus it was in England during the -reign of the moneyed corporations under the protection of Walpole. -Wise men opposed all the mad schemes of that day, and exposed in -advance all their disastrous and disgraceful issues. Mr. Shippen, -Sir Joseph Jekyll, Mr. Barnard, Sir William Wyndham, Mr. Pulteney, -Lord Morpeth (that Howard blood which has not yet degenerated), all -these and many others opposed the South Sea, exchequer issues, and -other mad schemes of their day--to be overpowered then, but to be -remembered, and quoted with honor now. The chancellor of France, the -wise and virtuous D'Aguesseau, was exiled from Paris by the Regent -Duke of Orleans for opposing and exposing the Mississippi scheme -of the gambler, John Law; but his name lives in the pantheon of -history; and I take a pleasure in citing it here, in the American -Senate, as well in honor to him, as to encourage others to sacrifice -themselves in the noble task of resisting the mad delusions of the -day. Every nation has its seasons of delusion. They seem to come, -like periodical epidemics, once in so many ages or centuries; and -while they rage, neither morals nor reason can make head against -them. The have to run out. We have just had our season of this -delusion, when every folly, from a national bank whose notes were -to circulate in China, to the _morus multicaulis_ whose leaves were -to breed fortunes to the envied possessors; when every such folly -had its day of triumph and exultation over reason, judgment, morals -and common sense. Happily this season is passing away--the delusion -is wearing off--before this cabinet plan of a government bank, with -its central board, its fifty-two branches, its national engine to -strike paper, its brokerage and exchange dealings, its Cheapside and -Change-Alley operations in real business transactions, its one-half -of one per centum profits, its three dollars in paper money to any -one who was fool enough to deposit one dollar in the hard: happily -our season of delusion is passing off before this monstrous scheme -was presented. Otherwise, its adoption would have been inevitable. -Its very monstrosity would have made it irresistibly captivating to -the diseased public appetite if presented while still in its morbid -state. - -But the senator from Virginia who sits over the way [Mr. RIVES], who -has spoken in this debate, and who appears as a _quasi_ defender of -this cabinet plan of relief, he demands if the senator from Missouri -(my poor self) will do nothing to relieve the distress of the people -and of the government? He puts the question to me, and I answer it -readily; yes! I will do my part towards relieving this distress, but -not exactly in the mode which he seems to prefer--not by applying -a cataplasm of lamp-black and rags to the public wounds! whether -that cataplasm should be administered by a league of coon-box -banks in the States, or by a Biddle king bank in Philadelphia, or -by a Walpole exchequer bank in Washington city. I would relieve -the distress by the application of appropriate remedies to -notorious diseases--a bankrupt act to bankrupt banks--taxation -to bank issues--restoration of the land revenue to its proper -destination--the imposition of economy upon this taxing, borrowing, -squandering, gold-hating, paper-loving administration; and by -restoring, as soon as possible, the reign of democracy, economy, and -hard money. - -The distress! still the distress. Distress, still the staple of all -the whig speeches made here, and of all the cabinet reports which -come down to us. Distress is the staple of the whole. "Motley is -their only wear." Why, sir, I have heard about that distress before; -and I am almost tempted to interrupt gentlemen in the midst of their -pathetic rehearsals as the Vicar of Wakefield interrupted Jenkinson -in the prison, when he began again the same learned dissertation -upon the cosmogony or creation of the world; and gave him the same -quotations from Sanconiathan, Manetho, Berosus, and Lucanus Ocellus, -with which he entertained the good old Vicar at the fair, while -cheating him out of Blackberry, after having cheated Moses out of -the colt. You know the incident, said Mr. B. (addressing himself to -Mr. Archer, who was nodding recognition), you remember the incident, -and know the Vicar begged pardon for interrupting so much learning, -with the declaration of his belief that he had had the honor to hear -it all before. In like manner, I am almost tempted to stop gentlemen -with a beg-pardon for interrupting so much distress, and declaring -my belief that I have heard it all before. Certain it is, that for -ten years past I have been accustomed to hear the distress orations -on this floor; and for twenty-two years I have been accustomed to -see distress in our country; but never have I seen it, or heard of -it, that it did not issue from the same notorious fountain--the -MONEYED CORPORATIONS--headed and conducted by the Juggernaut of -federal adoration, the Biddle King Bank of the United States! I have -seen this distress for two and twenty years; first, from 1819 to -1826; then again in 1832--'33--'34--'37--'39; and I see something -of it now. The Bank of the United States commenced the distress -in 1819, and gave a season of calamity which lasted as long as -one of the seven years' plagues of Egypt. It was a seven years' -agony; but at that time distress was not the object, but only the -effect of her crimes and follies. In 1832 she renewed the distress -as an object _per se_ and _propter se_ to force a renewal of her -charter. In 1833-'34 she entered upon it with new vigor--with vast -preparation--upon an immense scale--and all her forces--to coerce -a restoration of the deposits, which the patriot President had -saved by taking from her. In 1837 she headed the conspiracy for the -general suspension (and accomplished it by the aid of the deposit -distribution act) for the purpose of covering up and hiding her -own insolvency in a general catastrophe, and making the final, -agonizing death-struggle, to clutch the re-charter. In 1839 she -forced the second suspension (which took place all south and west -of New York) and endeavored to force it all north and east of that -place, and make it universal, in order to conceal her own impending -bankruptcy. She failed in the universality of this second suspension -only for want of the means and power which the government deposits -would have given her. She succeeded with her limited means, and -in her crippled condition, over three-fourths of the Union; and -now the only distress felt is in the places which have felt her -power;--in the parts of the country which she has regulated--and -arises from the institutions which have followed her lead--obeyed -her impulse--imitated her example--and now keep up, for their own -profit, and on their own account, the distress of which they were -nothing but the vicarious agents in the beginning. Sir, there has -been no distress since 1819 which did not come from the moneyed -corporations; and since 1832, all the distress which we have seen -has been factitious and factious--contrived of purpose, made to -order, promulgated upon edict--and spread over the people, in order -to excite discontents against the administration, to overturn the -democracy, to re-establish federalism, to unite bank and state--and -to deliver up the credit and revenue of the Union, and the property -and industry of the people, to the pillage and plunder of the -muckworm nobility which the crimes of the paper system have made -the lords of the land. This is the only distress we have seen; and -had it not been that God had given our country a Jackson, their -daring schemes would all have succeeded; and we and our children, -and all the property and labor of our country, would have been as -completely tributary to the moneyed corporations of America, as the -people of Great Britain are to the Change-alley lords who hold the -certificates of their immense national debt. - -Distress!--what, sir, are not the whigs in power, and was not all -distress to cease when the democracy was turned out? Did they not -carry the elections? Has Mr. Van Buren not gone to Kinderhook? Is -General Jackson not in the Hermitage? Are democrats not in the -minority in Congress, and expelled from office every where? Were -not "_Tippecanoe_ and _Tyler too_" both elected? Is not whiggery in -entire possession of the government? Have they not had their extra -session, called to relieve the country, and passed all the relief -measures, save one?--all save one!--all except their national bank, -of which this fine exchequer bank is to be the metempsychosis. - -The cry is distress! and the remedy a national poultice of -lamp-black and rags! This is the disease, and this the medicine. -But let us look before we act. Let us analyze the case--examine -the pathology of the disease--that is the word, I believe (looking -at Dr. LINN, who nodded assent), and see its cause and effect, the -habits and constitution of the patient, and the injuries he may -have suffered. The complaint is, distress: the specifications are, -depreciated currency, and deranged exchanges. The question is, -where? all over the Union? not at all--only in the South and West. -All north and east of New York is free from distress--the exchanges -fair--the currency at par: all south and west of that city the -distress prevails--the exchanges (as they are called) being deranged -and the currency depreciated. Why? Because, in one quarter--the -happy quarter--the banks pay their debts: in the other--the -distressed quarter--they refuse to pay. Here then is the cause, and -the effect. This is the analysis of the case--the discovery of the -nature and locality of the disease--and the key to its cure. Make -the refractory banks comply with their promises; and there is an end -of depreciated paper and deranged exchanges, and of all the distress -which they create; and that without a national bank, or its base -substitute, an exchequer bank; or a national institution of any kind -to strike paper money. Make the delinquent banks pay up, or wind up. -And why not? Why should not the insolvent wind up, and the solvent -pay up? Why should not the community know the good from the bad? -Suspension puts all on a level, and the community cannot distinguish -between them. Our friend Sancho (looking at Mr. MOUTON) has a -proverb that suits the case: "_De noche todos los gatos son pardos._" - -"M. MOUTON: '_De nuit tous les chats sont gris._'" - -"Mr. BUCHANAN: What is all that?" - -"Mr. BENTON: It is this: Our friend, Sancho Panza, says that, in -the dark all the cats are of one color. [A laugh.] So of these -banks. In a state of suspension they are all of one credit; but as -the light of a candle soon discriminates the black cats from the -white ones, so would the touch of a bankrupt act speedily show the -difference between a rotten bank and a solvent one. - -But currency--currency--a national currency of uniform value, and -universal circulation: this is what modern whigs demand, and call -upon Congress to give it; meaning all the while a national currency -of paper money. I deny the power of Congress to give it, and aver -its folly if it had. The word currency is not in the constitution, -nor any word which can be made to signify paper money. Coin is the -only thing mentioned in that instrument; and the only power of -Congress over it is to regulate its value. It is an interpolation, -and a violation of truth to say that the constitution authorizes -Congress to regulate the value of paper money, or to create paper -money. It is a calumny upon the constitution to say any such thing; -and I defy the whole phalanx of the paper money party to produce -one word in that instrument to justify their imputation. Coin, and -not paper, is the thing to be regulated; coin, and not paper, is -the currency mentioned and intended; and this coin it is the duty -of Congress to preserve, instead of banishing it from circulation. -Paper banishes coin; and by creating, or encouraging paper, Congress -commits a double violation of the constitution; _first_, by favoring -a thing which the constitution condemns; and, _secondly_, by -destroying the thing which it meant to preserve. But the paper money -party say there is not gold and silver enough in the world to answer -the purposes of a currency; and, therefore, they must have paper. -I answer, if this was true, we must first alter our constitution -before we can create, or adopt paper money. But it is not true! the -assertion is unfounded and erroneous to the last degree, and implies -the most lamentable ignorance of the specie resources of commercial -and agricultural countries. The world happens to contain more specie -than such countries can use; and it depends upon each one to have -its share when it pleases. This is an assertion as easily proved -as made; and I proceed to the proof of it, because it is a point -on which there is much misunderstanding; and on which the public -good requires authentic information. I will speak first of our own -country, and of our own times--literally, my own times. - -I have some tabular statements on hand, Mr. President, made at the -Treasury, on my motion, and which show our specie acquisitions -during the time that I have sat in this chair: I say, sat in _this_ -chair, for I always sit in the same place. I never change my -position, and therefore never have to find it or define it. These -tables show our imports of gold and silver during this time--a -period of twenty-one years--to have been on the custom-house books, -182 millions of dollars: making an allowance for the amounts -brought by passengers, and not entered on the books, and the total -importation cannot be less than 200 millions. The coinage at our -Mint during the same period, is 66 millions of dollars. The product -of our gold mines during that period has been several millions; and -many millions of gold have been dragged from their hiding places -and restored to circulation by the gold bill of 1834. Putting all -together, and our specie acquisitions must have amounted to 220 or -230 millions of dollars in these twenty-one years; being at the -average rate of ten or eleven millions per annum. - -Not specie enough in the world to do the business of the country! -What an insane idea! Do people who talk in that way know any thing -about the quantity of specie that there is in the world, or even in -Europe and America, and the amount that different nations, according -to their pursuits, can employ in their business? If they do not, let -them listen to what Gallatin and Gouge say upon the subject, and -let them learn something which a man should know before he ventures -an opinion upon currency. Mr. Gallatin, in 1831, thus speaks of the -quantity of gold and silver in Europe and America: - - "The total amount of gold and silver produced by the mines - of America, to the year 1803, inclusively, and remaining - there or exported to Europe, has been estimated by Humboldt - at about five thousand six hundred millions of dollars; and - the product of the years 1804-1830, may be estimated at seven - hundred and fifty millions. If to this we add one hundred - millions, the nearly ascertained product, to this time, of - the mines of Siberia, about four hundred and fifty millions - for the African gold dust, and for the product of the mines - of Europe (which yielded about three millions a year, in the - beginning of this century), from the discovery of America to - this day, and three hundred millions for the amount existing in - Europe prior to the discovery of America, we find a total not - widely differing from the fact, of seven thousand two hundred - millions of dollars. It is much more difficult to ascertain - the amount which now remains in Europe and America together. - The loss by friction and accidents might be estimated, and - researches made respecting the total amount which has been - exported to countries beyond the Cape of Good Hope; but that - which has been actually consumed in gilding, plated ware, and - other manufactures of the same character, cannot be correctly - ascertained. From the imperfect data within our reach, it may, - we think, be affirmed, that the amount still existing in Europe - and America certainly exceeds four thousand, and most probably - falls short of five thousand millions of dollars. Of the - medium, or four thousand five hundred millions, which we have - assumed, it appears that from one-third to two-fifths is used - as currency, and that the residue consists of plate, jewels, - and other manufactured articles. It is known, that of the gross - amount of seven thousand two hundred millions of dollars, about - eighteen hundred millions, or one-fourth of the whole in value, - and one-forty-eighth in weight, consisted of gold. Of the four - thousand five hundred millions, the presumed remaining amount - in gold and silver, the proportion of gold is probably greater, - on account of the exportation to India and China having been - exclusively in silver, and of the greater care in preventing - every possible waste in an article so valuable as gold." - -Upon this statement, Mr. Gouge, in his Journal of Banking, makes the -following remarks: - - "We begin to-day with Mr. Gallatin's estimate of the quantity - of gold and silver in Europe and America. In a work published - by him in 1831, entitled 'Considerations on the Currency and - Banking system of the United States,' he estimates the amount of - precious metals in these two quarters of the world at between - four thousand and five thousand million dollars. This, it will - be recollected, was ten years ago. The amount has since been - considerably increased, as the mines have annually produced - millions, and the demand for the China trade has been greatly - diminished. - - "Taking the medium, however, of the two sums stated by Mr. - Gallatin--four thousand five hundred million dollars--and - supposing the population of Europe and America to be two - hundred and seventy-seven millions, it will amount to sixteen - dollars and upwards for every man, woman, and child, on the two - continents. The same gentleman estimates the whole amount of - currency in the United States in 1829, paper and specie together - at only six dollars a head. - - "It is not too much to say, that if the natural laws of supply - and demand had not been interfered with, the United States - would have, in proportion to population, four, five, six, - seven, yea, eight times as much gold and silver as many of the - countries of Europe. Take it at only the double of the average - for the population of the two continents, and it will amount - to thirty-two dollars a head, or to five hundred and fourteen - millions. This would give us one-ninth part of the stock of - gold and silver of Europe and America, while our population is - but one-sixteenth: but for the reasons already stated, under a - natural order of things, we should have, man for man, a much - larger portion of the precious metals, than falls to the lot of - most countries of Europe. - - "Suppose, however, we had but the average of sixteen dollars a - head. This would amount to two hundred and fifty-seven millions. - - "On two points do people (that is, some people) capitally err. - First, in regard to the quantity of gold and silver in the - world: this is much greater than they imagine it to be. Next, in - regard to the amount of money required for commercial purposes: - this is much smaller than they suppose it to be. Under a sound - money, sound credit, and sound banking system, ten dollars a - head would probably be amply sufficient in the United States." - -The points on which the statesman's attention should be fixed in -these statements are: 1. The quantity of gold and silver in Europe -and America, to wit, $4,500,000,000. 2. Our fair proportion of that -quantity, to wit, $257,000,000, or $16 per head. 3. Our inability -to use more than $10 a head. 4. The actual amount of our whole -currency, paper and specie, in 1830 (when the Bank of the United -States was in all its glory), and which was only $6 a head. 5. The -ease with which the United States can supply itself with its full -proportion of the whole quantity if it pleased, and have $16 per -head (if it could use it, which it cannot) for every human being in -the Union. - -These are the facts which demand our attention, and it is only at a -single point that I now propose to illustrate, or to enforce them; -and that is, as to the quantity of money per head which any nation -can use. This differs among different nations according to their -pursuits, the commercial and manufacturing people requiring most, -because their payments are daily or weekly for every thing they use: -food, raiment, labor and raw materials. With agricultural people it -is less, because they produce most of what they consume, and their -large payments are made annually from the proceeds of the crops. -Thus, England and France (both highly manufacturing and commercial) -are ascertained to employ fourteen dollars per head (specie and -paper combined) for their whole population: Russia, an agricultural -country, is ascertained to employ only four dollars per head; and -the United States, which is chiefly agricultural, but with some -considerable admixture of commerce and manufactures, ten dollars -are believed to be the maximum which they could employ. In this -opinion I concur. I think ten dollars per head, an ample average -circulation for the Union; and it is four dollars more than we had -in 1830, when the Bank of the United States was at the zenith of -its glory. The manufacturing and commercial districts might require -more--all the agricultural States less;--and perhaps an agricultural -State without a commercial town, or manufactures, like Mississippi, -could not employ five dollars per head. Here then are the results: -Our proportion of the gold and silver in Europe and America is two -hundred and fifty-seven millions of dollars: we had but twenty -millions in 1830: we have ninety millions now; and would require -but eighty millions more (one hundred and seventy millions in the -whole) in the present state of our population, slaves included (for -their labor is to be represented by money and themselves supported), -to furnish as much currency, and that in gold and silver, as the -country could possibly use; consequently sustaining the prices of -labor and property at their maximum amount. Of that sum, we now -have about the one-half in the country, to wit, ninety millions; -making five dollars per head; and as that sum was gained in seven -years of Jacksonian policy, it follows of course, that another seven -years of the same policy, would give us the maximum supply that we -could use of the precious metals; and that gold, silver, and the -commercial bill of exchange, could then constitute the safe, solid, -constitutional, moral, and never-failing currency of the Union. - -The facility with which any industrious country can supply itself -with a hard-money currency--can lift itself out of the mud and -mire of depreciated paper, and mount the high and clean road of -gold and silver; the ease with which any industrious people can -do this, has been sufficiently proved in our own country, and in -many others. We saw it in the ease with which the Jackson policy -gained us ninety millions of dollars in seven years. We saw it at -the close of the Revolution, when the paper money sunk to nothing, -ceased to circulate, and specie re-appeared, as by magic. I have -asked the venerable Mr. MACON how long it was after paper stopped, -before specie re-appeared at that period of our history? his answer -was: No time at all. As soon as one stopped, the other came. We -have seen it in England at the end of the long bank suspension, -which terminated in 1823. Parliament allowed the bank four years -to prepare for resumption: at the end of two years--half the -time--she reported herself ready--having in that short space -accumulated a mass of twenty millions sterling (one hundred millions -of dollars) in gold; and, above all, we have seen it in France, -where the great Emperor restored the currency in the short space -of six years, from the lowest degree of debasement to the highest -point of brilliancy. On becoming First Consul, in 1800, he found -nothing but depreciated assignats in the county:--in six years his -immortal campaigns--Austerlitz, Jena, Friedland--all the expenses -of his imperial court, surpassing in splendor that of the Romans, -and rivalling the almost fabulous magnificence of the Caliphs of -Bagdad--all his internal improvements--all his docks, forts, and -ships--all the commerce of his forty millions of subjects--all -these were carried on by gold and silver alone; and from having the -basest currency in the world, France, in six years, had near the -best; and still retains it. These instances show how easy it is for -any country that pleases to supply itself with an ample currency -of gold and silver--how easy it will be for us to complete our -supplies--that in six or seven years we could saturate the land with -specie! and yet we have a formal cabinet proposition to set up a -manufactory of paper money! - -The senator from Mississippi [Mr. WALKER] who sits on my right, has -just visited the island of Cuba, and has told us what he has seen -there--a pure metallic currency of gold--twelve millions of dollars -of it to a population of one million of souls, half slaves--not a -particle of paper money--prices of labor and property higher than -in the United States--industry active--commerce flourishing: a -foreign trade of twenty-four millions of dollars, which, compared -to population and territory, is so much greater than ours that it -would require ours to be four hundred and twenty-five millions to -be equal to it! This is what the senator from Mississippi tells us -that he has seen; and would to God that we had all seen it. Would to -God that the whole American Congress had seen it. Devoutly do I wish -that it was the custom now, as in ancient times, for legislators -to examine the institutions of older countries before they altered -those of their own country. The Solons and Lycurguses of antiquity -would visit Egypt, and Crete, and other renowned places in the -East, before they would touch the laws of Sparta or Athens; in like -manner I should rejoice to see our legislators visit the hard money -countries--Holland, France, Cuba--before they went further with -paper money schemes in our own country. The cabinet, I think, should -be actually put upon such a voyage. After what they have done, I -think they should be shipped on a visit to the lands of hard money. -And although it might seem strange, under our form of government, -thus to travel our President and cabinet, yet I must be permitted to -say that I can find constitutional authority for doing so, just as -soon as they can find constitutional authority for sending such a -scheme of finance and currency as they have spread before us. - -Holland and Cuba have the best currencies in the world: it is gold -and the commercial bill of exchange, with small silver for change, -and not a particle of bank paper. France has the next best: it is -gold, with the commercial bill of exchange, much silver, and not a -bank note below five hundred francs (say one hundred dollars). And -here let me do justice to the wisdom and firmness of the present -king of the French. The Bank of France lately resolved to reduce the -minimum size of its notes to two hundred francs (say forty dollars). -The king gave them notice that if they did it, the government would -consider it an injury to the currency, and would take steps to -correct the movement. The Bank rescinded its resolution; and Louis -Philippe, in that single act (to say nothing of others) showed -himself to be a patriot king, worthy of every good man's praise, -and of every legislator's imitation. The United States have the -basest currency in the world: it is paper, down to cents; and that -paper supplied by irresponsible corporations, which exercise the -privilege of paying, or not, just as it suits their interest or -politics. We have the basest currency upon the face of the earth; -but it will not remain so. Reform is at hand; probably from the mild -operation of law; if not, certainly from the strong arm of ruin. God -has prescribed morality, law, order, government, for the conduct of -human affairs; and he will not permit these to be too long outraged -and trampled under foot. The day of vindicating the outraged law -and order of our country, is at hand; and its dawn is now visible. -The excess of bank enormity will cure itself under the decrees of -Providence; and the cure will be more complete and perfect, than any -that could come from the hands of man. - -It may seem paradoxical, but it is true, that there is no abundant -currency, low interest, and facility of loans, except in hard money -countries: paper makes scarcity, high interest, usury, extortion, -and difficulty of borrowing. Ignorance supposes that to make money -plenty, you must have paper: this is pure nonsense. Paper drives -away all specie, and then dies itself for want of specie; and leaves -the country penniless until it can recruit. - -The Roman historians, Mr. President, inform us of a strange species -of madness which afflicted the soldiers of Mark Antony on their -retreat from the Parthian war. Pressed by hunger they ate of unknown -roots and herbs which they found along the base of the Armenian -mountains, and among the rest, of one which had the effect of -depriving the unfortunate man of memory and judgment. Those who ate -of this root forgot that they were Romans--that they had arms--a -general--a camp, and their lives, to defend. And wholly possessed of -a single idea, which became fixed, they neglected all their duties -and went about turning over all the stones they could find, under -the firm conviction that there was a great treasure under it which -would make them rich and happy. Nothing could be more deplorable, -say the historians, than to see these heroic veterans, the pride of -a thousand fields, wholly given up to this visionary pursuit, their -bodies prone to the earth, day after day, and turning over stones in -search of this treasure, until death from famine, or the Parthian -arrow, put an end at once to their folly and their misery. Such -is the account which historians give us of this strange madness -amongst Antony's soldiers; and it does seem to me that something -like it has happened to a great number of our Americans, and even -to our cabinet council--that they have forgotten that we have such -a thing as a constitution--that there are such things as gold and -silver--that there are limitations upon government power--and that -man is to get his living by toil and labor, and the sweat of his -brow, and not by government contrivances; that they have forgot all -this, and have become possessed of a fixed idea, that paper money is -the _summum bonum_ of human life; that lamp-black and rags, perfumed -with the odor of nationality, is a treasure which is to make -everybody rich and happy; and, thereupon incontinently pursue this -visionary treasure--this figment of the brain--this disease of the -mind. Possessed of this idea, they direct all their thoughts to the -erection of a national institution--no matter what--to strike paper -money, and circulate it upon the faith of the credit and revenues of -the Union: and no argument, no reason, no experience of our own, or -of other nations, can have the least effect in dislodging that fixed -and sovereign conception. To this we are indebted for the cabinet -plan of the federal exchequer and its appurtenances, which has been -sent down to us. To this we are indebted for the crowds who look -for relief from the government, instead of looking for it in their -own labor, their own industry, and their own economy. To this we -are indebted for all the paper bubbles and projects which are daily -presented to the public mind: and how it all is to end, is yet in -the womb of time; though I greatly suspect that the catastrophe of -the federal exchequer and its appurtenances will do much towards -curing the delusion and turning the public mind from the vain -pursuit of visionary government remedies, to the solid relief of -hard money, hard work, and instant compulsion of bank resumption. - -The proposition which has been made by our President and cabinet, -to commence a national issue of paper money, has had a very natural -effect upon the public mind, that of making people believe that the -old continental bills are to be revived, and restored to circulation -by the federal government. This belief, so naturally growing out of -the cabinet movement, has taken very wide and general root in the -public mind; and my position in the Senate and connection with the -currency questions, have made me the centre of many communications -on the point. Daily I receive applications for my opinion, as to -the revival of this long deceased and venerable currency. The very -little boys at the school have begged my little boy to ask their -father about it, and let them know, that they may hunt up the one -hundred dollar bills which their mothers had given them for thumb -papers, and which they had thrown by on account of their black -and greasy looks. I receive letters from all parts of the Union, -bringing specimens of these venerable relics, and demanding my -opinion of the probability of their resuscitation. These letters -contain various propositions--some of despair--some of hope--some -of generous patriotism--and all evidently sincere. Some desire me -to exhibit the bundle they enclose to the Senate, to show how the -holders have been cheated by paper money; some want them paid; and -if the government cannot pay at present, they wish them funded, and -converted into a national stock, as part of the new national debt. -Some wish me to look at them, on my own account; and from this -sample, to derive new hatred to paper money, and to stand up to the -fight with the greater courage, now that the danger of swamping -us in lamp-black and rags is becoming so much greater than ever. -Others, again, rising above the degeneracy of the times, and still -feeling a remnant of that patriotism for which our ancestors were -so distinguished, and which led them to make so many sacrifices for -their country, and hearing of the distress of the government and its -intention to have recourse to an emission of new continental bills, -propose at once to furnish it with a supply of the old bills. Of -this number is a gentleman whose letter I received last night, and -which, being neither confidential in its nature, nor marked so, and -being, besides, honorable to the writer, I will, with the leave of -the Senate, here read: - - "EAST WEYMOUTH, MASSACHUSETTS, - January 8, 1842. - - "DEAR SIR:--Within you have a few continentals, or promises - to pay in gold or silver, which may now be serviceable to the - Treasury, which the whigs have bankrupted in the first year of - their reign, and left members without pay for their landlords. - They may serve to start the new fiscality upon; and, if they - should answer the purpose, and any more are wanted, please let - me know, and another batch will come on from your friend and - servant, - - "LOWELL BICKNELL. - - - "Hon. THOMAS H. BENTON, United States Senate, - Washington city." - -This is the letter, resumed Mr. B., and these the contents (holding -up a bundle of old continentals). This is an assortment of them, -beginning at nine dollars, and descending regularly through eight, -seven, six, five, four, three, two, one, and the fractional parts -of a dollar, down to the one-sixth part of a dollar. I will read -the highest and lowest in the bundle, as a sample of the whole. The -highest runs thus: - - "This bill entitles the bearer to receive nine Spanish milled - dollars, or the value thereof in gold or silver, according to - the resolves of the Congress held at Philadelphia, the 10th day - of May, 1775. - - "Signed, - - WILLIAM CRAIG." - -The margins are covered with the names of the States, and with the -words _continental currency_, in glaring capitals, and the Latin -motto, _Sustine vel abstine_ (Sustain it, or let it alone). The -lowest runs thus: - - "One-sixth of a dollar, according to a resolve of Congress - passed at Philadelphia, February 17th, 1776. - - "Signed, - - B. BRANNAN." - -The device on this note is a sun shining through a glass, with -the word _fugio_ (I fly) for the motto--a motto sufficiently -appropriate, whether emblematic of the fugitive nature of time, or -of paper money. - -These are a sample of the bills sent me in the letter which I have -just read; and now the mind naturally reverts to the patriotic -proposition to supply the administration with these old bills -instead of putting out a new emission. For myself I incline to the -proposition. If the question is once decided in favor of a paper -emission, I am decidedly in favor of the old continental currency -in preference to any new edition--as much so as I prefer the old -Revolutionary whigs to the new whigs of this day. I prefer the old -bills; and that for many and cogent reasons. I will enumerate a few -of these reasons:--1. They are ready made to our hand, and will -save all the expense and time which the preparations of new bills -would require. The expense would probably be no objection with this -administration; but, in the present condition of the Treasury, the -other consideration, that of time, must have great weight. 2. They -cannot be counterfeited. Age protects them from that. The wear and -tear of seventy long years cannot be impressed on the face of the -counterfeits, cunning as their makers may be. 3. Being limited in -quantity, and therefore incapable of contraction or inflation at the -will of jobbers in stocks or politics, they will answer better for -a measure of values. 4. They are better promises than any that will -be made at this day; for they are payable in Spanish milled dollars, -which are at a premium of three per cent, in our market over other -dollars; and they are payable in gold _or_ silver, disjunctively, so -as to give the holder his option of the metals. 5. They are made by -better men than will make the bills of the present day--men better -known to Europe and America--of higher credit and renown--whose -names are connected with the foundation of the republic, and with -all the glorious recollections of the revolution. Without offence -to any, I can well say that no Congress of the present day can rank -with our Revolutionary assemblies who signed the Declaration of -Independence with ropes round their necks, staked life, honor, and -fortune in a contest where all the chances were against them; and -nobly sustained what they had dared to proclaim. We cannot rank with -them, nor our paper ever have the credit of theirs. 6. They are of -all sizes, and therefore ready for the catastrophe of the immediate -flight, dispersion, absconding, and inhumation of all the specie -in the country, for which the issue of a government paper would be -the instant and imperative signal. Our cabinet plan comes no lower -than five dollars, whereby great difficulty in making change at the -Treasury would accrue until a supplementary act could be passed, and -the small notes and change tickets be prepared. The adoption of the -old continental would prevent this balk, as the notes from one to -ten dollars inclusive would be ready for all payments which ended -in even dollars; and the fractional notes would be ready for all -that ended in shillings or sixpences. 7. And, finally, because it is -right in itself that we should take up the old continentals before -we begin to make new ones. For these, and other reasons, I am bold -to declare that if we must have a Congress paper-money, I prefer -the paper of the Congress of 1776 to that of 1842. - -Sir, the Senate must pardon me. It is not my custom to speak -irreverently of official matters; but there are some things too -light for argument--too grave for ridicule--and which it is -difficult to treat in a becoming manner. This cabinet plan of a -federal exchequer is one of those subjects; and to its strange and -novel character, part tragic and part farcical, must be attributed -my more than usually defective mode of speaking. I plead the subject -itself for the imperfection of my mode of treating it. - - - - -CHAPTER XCI. - -THE THIRD FISCAL AGENT, ENTITLED A BOARD OF EXCHEQUER. - - -This measure, recommended by the President, was immediately taken -up in each branch of Congress. In the House of Representatives a -committee of a novel character--one without precedent, and without -imitation--was created for it: "_A select committee on the finances -and the currency_," composed of nine members, and Mr. Caleb Cushing -its chairman. Through its chairman this committee, with the -exception of two of its members (Mr. Garret Davis of Kentucky, and -Mr. John P. Kennedy, of Maryland), made a most elaborate report, -recommending the measure, and accompanied by a bill to carry it -into effect. The ruling feature of the whole plan was a national -currency of paper-money, to be issued by the federal government, and -to be got into circulation through payments made by it, and by its -character of receivability in payment of public dues. To clear the -ground for the erection of this new species of national currency, -all other kinds of currency were reviewed and examined--their -good and their bad qualities stated--and this government currency -pronounced to combine the good qualities, and to avoid the bad of -all other kinds. National bank-notes were condemned for one set of -reasons: local bank-notes for another: and as for gold and silver, -the reporter found so many defects in such a currency, and detailed -them with such precision, that it looked like drawing up a bill of -indictment against such vicious substitutes for money. In this view -the report said - - "But the precious metals themselves, in addition to their uses - for coin, are likewise, whether coined or uncoined, a commodity, - or article of production, consumption, and merchandise. - Themselves are a part of that general property of the community, - of all the rest of which they are the measure; and they are - of actual value different in different places, according to - the contingencies of government or commerce. Their aggregate - quantity is subject to be diminished by casual destruction or - absorption in the arts of manufacture, or to be diminished - or augmented by the greater or less number or productiveness - of mines; and thus their aggregate value relatively to other - commodities is liable to perpetual change. The influence of - these facts upon prices, upon public affairs, and upon commerce, - is visible in all the financial history of modern times. Besides - which, coin is subject to debasement, or to be made a legal - tender, at a rate exceeding its actual value, by the arbitrary - act of the government, which controls its coinage and prescribes - its legal value. In times when the uses of a paper currency - and of public stocks were not understood or not practised, and - communities had not begun to resort to a paper symbol or nominal - representative of money, capable of being fabricated at will, - the adulteration of coin, instead of it, was, it is well known, - the frequent expedient of public necessity or public cupidity - to obtain relief from some pressing pecuniary embarrassment. - Moreover, the precious metals, though of less bulk in proportion - to their value than most other commodities, yet cannot be - transported from place to place without cost and risk; coin - is subject to be stolen or lost, and in that case cannot be - easily identified, so as to be reclaimed; the continual counting - of it in large sums is inconvenient; it would be unsafe, and - would cause much money to remain idle and unfruitful, if every - merchant kept constantly on hand a sum of coin for all his - transactions; and the displacement of large amounts of coin, its - transfer from one community or one country to another, is liable - to occasion fluctuations in the value of property or labor, and - to embarrass commercial operations." - -Having thus shown the demerit of all other sorts of currency, -and cleared the way for this new species, the report proceeds to -recommend it to the adoption of the legislature, with an encomium -upon the President, and on the select committee on the finances and -the currency, who had so well discharged their duty in proposing it; -thus: - - "The President of the United States, in presenting this plan to - Congress, has obeyed the injunction of the constitution, which - requires him to recommend to their consideration such measures - as he shall judge necessary and expedient; he has fully redeemed - the engagements in this respect which he had previously made to - Congress: and thus he has faithfully discharged his whole duty - to the constitution and the Union. The committee, while animated - by the highest respect for his views, have yet deemed it due to - him, to themselves, to the occasion, and to the country, to give - to those views a free and unbiassed examination. They have done - so; and in so doing, they have also discharged their duty. They - respectfully submit the result to the House in the bill herewith - reported. They believe this measure to contain the elements of - usefulness and public good; and, as such, they recommend it to - the House. But they feel no pride of opinion concerning it; and, - if in error, they are ready to follow the lead of better lights, - if better there be, from other quarters; being anxious only - to minister to the welfare of the people whom they represent. - It remains now for Congress to act in the matter; the country - demands that in some way we shall act; and the times appeal to - us to act with decision, with moderation, with impartiality, - with independence. Long enough, the question of the national - finances has been the sport of passion and the battle-cry of - party. Foremost of all things, the country, in order to recover - itself, needs repose and order for its material interest, and - a settled purpose in that respect (what it shall be is of less - moment, but at any rate _some_ settled purpose) on the part of - the federal government. If, careless of names and solicitous - only for things, aiming beyond all intermediate objects to - the visible mark of the practicable and attainable good--if - Congress shall in its wisdom concur at length in some equitable - adjustment of the currency question, it cannot fail to deserve - and secure the lasting gratitude of the people of the United - States." - -After reading this elaborate report, Mr. Cushing also read the -equally elaborate bill which accompanied it: and that was the -last of the bill ever heard of in the House. It was never called -up for consideration, but died a natural death on the calendar on -which it was placed. In the Senate the fate of the measure was -still more compendiously decided. The President's recommendation, -the ample report of the Secretary of the Treasury, and the bill -drawn up at the Treasury itself, were all sent to the Committee of -Finance; which committee, deeming it unworthy of consideration, -through its chairman, Mr. Evans, of Maine, prayed to be discharged -from the consideration of it: and were so discharged accordingly. -But, though so lightly disposed of, the measure did not escape -ample denunciation. Deeming the proposition an outrage upon -the constitution, an insult to gold and silver, and infinitely -demoralizing to the government and dangerous to the people, Mr. -Benton struck another blow at it as it went out of the Senate to the -committee. It was on the motion to refer the subject to the Finance -Committee, that he delivered a speech of three hours against it: of -which some extracts were given in Chapter XC. - - - - -CHAPTER XCII. - -ATTEMPTED REPEAL OF THE BANKRUPT ACT. - - -As soon as Congress met in the session 1841-'2 the House of -Representatives commenced the repeal of this measure. The period -for the act to take effect had been deferred by an amendment in -the House from the month of November, which would be before the -beginning of the regular session, to the month of February--for the -well-known purpose of giving Congress an opportunity to repeal it -before it went into operation. The act was odious in itself, and the -more so from the manner in which it was passed--coercively, and by -the help of votes from those who condemned it, but who voted for it -to prevent its friends from defeating the bank bill, and the land -distribution bill. Those two measures were now passed, and many of -the coerced members took their revenge upon the hated bill to which -they had temporarily bowed. The repeal commenced in the House, -and had a rapid progress through that body. A motion was made to -instruct the Judiciary Committee to bring in a bill for the repeal; -and that motion succeeded by a good majority. The bill was brought -in, and, under the pressure of the previous question, was quickly -brought to a vote. The yeas were 124--the nays 96. It then went to -the Senate, where it was closely contested, and lost by one vote--22 -for the repeal: 23 against it. Thus a most iniquitous act got into -operation, by the open joining of measures which could not pass -alone; and by the weak calculation of some members of the House, who -expected to undo a bad vote before it worked its mischief. The act -was saved by one vote; but met its fate at the next session--having -but a short run; while the two acts which it passed were equally, -and one of them still more short lived. The fiscal bank bill, -which was one that it carried, never became a law at all: the land -distribution bill, which was the other, became a law only to be -repealed before it had effect. The three confederate criminal bills -which had mutually purchased existence from each other, all perished -prematurely, fruitless and odious--inculcating in their history and -their fate, an impressive moral against vicious and foul legislation. - - - - -CHAPTER XCIII. - -DEATH OF LEWIS WILLIAMS, OF NORTH CAROLINA, AND NOTICE OF HIS -LIFE AND CHARACTER. - - -He was one of those meritorious and exemplary members whose labors -are among the most useful to their country: diligent, modest, -attentive, patriotic, inflexibly honest--a friend to simplicity -and economy in the working of the government, and an enemy to all -selfish, personal, and indirect legislation. He had the distinction -to have his merits and virtues commemorated in the two Houses of -Congress by two of the most eminent men of the age--Mr. Clay and -Mr. Adams--who respectively seconded in the House to which each -belonged, the customary motion for funeral honors to his memory. Mr. -Adams said: - - "Mr. Speaker, I second the motion, and ask the indulgence of - the House for the utterance of a few words, from a heart full - to overflowing with anguish which no words can express. Sir, - my acquaintance with Mr. Williams commenced with the second - Congress of his service in this House. Twenty-five years have - since elapsed, during all which he has been always here at his - post, always true to his trust, always adhering faithfully to - his constituents and to his country--always, and through every - political vicissitude and revolution, adhered to faithfully by - them. I have often thought that this steadfastness of mutual - attachment between the representative and the constituent was - characteristic of both; and, concurring with the idea just - expressed with such touching eloquence by his colleague (Mr. - Rayner), I have habitually looked upon Lewis Williams as the - true portraiture and personification of the people of North - Carolina. Sir, the loss of such a man at any time, to his - country, would be great. To this House, at this juncture, it - is irreparable. His wisdom, his experience, his unsullied - integrity, his ardent patriotism, his cool and deliberate - judgment, his conciliatory temper, his firm adherence to - principle--where shall we find a substitute for them? In the - distracted state of our public counsels, with the wormwood and - the gall of personal animosities adding tenfold bitterness to - the conflict of rival interests and discordant opinions, how - shall we have to deplore the bereavement of _his_ presence, the - very light of whose countenance, the very sound of whose voice, - could recall us, like a talisman, from the tempest of hostile - passions to the calm composure of harmony and peace. - - "Mr. Williams was, and had long been, in the official language - which we have adopted from the British House of Commons, the - _Father_ of the House; and though my junior by nearly twenty - years, I have looked up to him in this House, with the reverence - of filial affection, as if he was the father of us all. The - seriousness and gravity of his character, tempered as it was - with habitual cheerfulness and equanimity, peculiarly fitted him - for that relation to the other members of the House, while the - unassuming courtesy of his deportment and the benevolence of - his disposition invited every one to consider him as a brother. - Sir, he is gone! The places that have known him shall know him - no more; but his memory shall be treasured up by the wise and - the good of his contemporaries, as eminent among the patriots - and statesmen of this our native land; and were it possible for - any Northern bosom, within this hall, ever to harbor for one - moment a wish for the dissolution of our National Union, may - the spirit of our departed friend, pervading every particle of - the atmosphere around us, dispel the delusion of his soul, by - reminding him that, in that event, he would no longer be the - countryman of Lewis Williams." - -Mr. Clay, in the Senate, who was speaker of the House when the then -young Lewis Williams first entered it, bore his ample testimony -from intimate personal knowledge, to the merits of the deceased; -and, like Mr. Adams, professed a warm personal friendship for the -individual, as well as exalted admiration for the public man. - - "Prompted by a friendship which existed between the deceased and - myself, of upwards of a quarter of a century's duration, and - by the feelings and sympathies which this melancholy occasion - excites, will the Senate allow me to add a few words to those - which have been so well and so appropriately expressed by my - friend near me [Mr. Graham], in seconding the motion he has - just made? Already, during the present session, has Congress, - and each House, paid the annual instalment of the great debt of - Nature. We could not have lost two more worthy and estimable men - than those who have been taken from us. My acquaintance with the - lamented Lewis Williams commenced in the fall of 1815, when he - first took his seat as a member of the House of Representatives - from the State of North Carolina, and I re-entered that House - after my return from Europe. From that period until his death, - a cordial and unbroken friendship has subsisted between us; - and similar ties were subsequently created with almost every - member of his highly respectable family. When a vacancy arose - in the responsible and laborious office of chairman of the - Committee of Claims, which had been previously filled by another - distinguished and lamented son of North Carolina (the late Mr. - Yancy), in virtue of authority vested in me, as the presiding - officer of the House, I appointed Mr. Williams to fill it. - Always full of labor, and requiring unremitting industry, it was - then, in consequence of claims originating in the late war, more - than ever toilsome. He discharged his complicated duties with - the greatest diligence, ability, impartiality, and uprightness, - and continued in the office until I left the House in the year - 1825. He occasionally took part in the debates which sprung up - on great measures brought for the advancement of the interests - of the country, and was always heard with profound attention, - and, I believe, with a thorough conviction of his perfect - integrity. Inflexibly adhering always to what he believed to - be right, if he ever displayed warmth or impatience, it was - excited by what he thought was insincere, or base, or ignoble. - In short, Lewis Williams was a true and faithful image of the - respectable State which he so long and so ably served in the - national councils--intelligent, quiet, unambitious, loyal to the - Union, and uniformly patriotic. We all feel and deplore, with - the greatest sensibility, the heavy loss we have so suddenly - sustained. May it impress us with a just sense of the frailty - and uncertainty of human life! And, profiting by his example, - may we all be fully prepared for that which is soon to follow." - -Mr. Williams reflected the character of his State; and that was a -distinction so obvious and so honorable that both speakers mentioned -it, and in doing so did honor both to the State and the citizen. And -she illustrated her character by the manner in which she cherished -him. Elected into the General Assembly as soon as age would permit, -and continued there until riper age would admit him into the Federal -Congress, he was elected into that body amongst the youngest of -its members; and continued there by successive elections until -he was the longest sitting member, and became entitled to the -Parliamentary appellation of Father of the House. Exemplary in all -the relations of public and private life, he crowned a meritorious -existence by an exemplary piety, and was as remarkable for the -close observance of all his christian obligations as he was for the -discharge of his public duties. - - - - -CHAPTER XCIV. - -THE CIVIL LIST EXPENSES: THE CONTINGENT EXPENSES OF CONGRESS: -AND THE REVENUE COLLECTION EXPENSE. - - -Pursuing the instructive political lesson to be found in the study -of the progressive increased expenditures of the government, we -take up, in this chapter, the civil list in the gross, and two -of its items in detail--the contingent expenses of Congress, and -the expense of collecting the revenue--premising that the civil -list, besides the salaries of civil officers, includes the foreign -diplomatic intercourse, and a variety of miscellanies. To obtain -the proper comparative data, recourse is again had to Mr. Calhoun's -speech of this year (1842) on the naval appropriation. - - "The expenditures under the first head have increased since - 1823, when they were $2,022,093, to $5,492,030 98, the amount - in 1840; showing an increase, in seventeen years, of 2 7-10 to - 1, while the population has increased only about 3/4 to 1, that - is, about 75 per cent.--making the increase of expenditures, - compared to the increase of population, about 3 6-10 to 1. This - enormous increase has taken place although a large portion of - the expenditures under this head, consisting of salaries to - officers, and the pay of members of Congress, has remained - unchanged. The next year, in 1841, the expenditure rose to - $6,196,560. I am, however, happy to perceive a considerable - reduction in the estimates for this year, compared with the last - and several preceding years; but still leaving room for great - additional reduction to bring the increase of expenditures to - the same ratio with the increase of population, as liberal as - that standard of increase would be. - - "That the Senate may form some conception, in detail, of this - enormous increase, I propose to go more into particulars in - reference to two items: the contingent expenses of the two - Houses of Congress, and that of collecting the duties on - imports. The latter, though of a character belonging to the - civil list, is not included in it, or either of the other heads; - as the expenses incident to collecting the customs, are deducted - from the receipts, before the money is paid into the Treasury. - - "The contingent expenses (they exclude the pay and mileage of - members) of the Senate in 1823 were $12,841 07, of which the - printing cost $6,349 56, and stationery $1,631 51; and that - of the House, $37,848 95, of which the printing cost $22,314 - 41, and the stationery $3,877 71. In 1840, the contingent - expenses of the Senate were $77,447 22, of which the printing - cost $31,285 32, and the stationery $7,061 77; and that of the - House $199,219 57, of which the printing cost $65,086 46, and - the stationery $36,352 99. The aggregate expenses of the two - Houses together rose from $50,690 02 to $276,666; being an - actual increase of 5 4-10 to 1, and an increase, in proportion - to population, of about 7 2-10 to one. But as enormous as this - increase is, the fact that the number of members had increased - not more than about ten per cent. from 1823 to 1840, is - calculated to make it still more strikingly so. Had the increase - kept pace with the increase of members (and there is no good - reason why it should greatly exceed it), the expenditures would - have risen from $50,690 to $55,759, only making an increase of - but $5,069; but, instead of that, it rose to $276,666, making - an increase of $225,970. To place the subject in a still more - striking view, the contingent expenses in 1823 were at the rate - of $144 per member, which one would suppose was ample, and in - 1840, $942. This vast increase took place under the immediate - eyes of Congress; and yet we were told at the extra session, by - the present chairman of the Finance Committee, that there was no - room for economy, and that no reduction could be made; and even - in this discussion he has intimated that little can be done. - As enormous as are the contingent expenses of the two Houses, - I infer from the very great increase of expenditures under the - head of civil list generally, when so large a portion is for - fixed salaries, which have not been materially increased for the - last seventeen years, that they are not much less so throughout - the whole range of this branch of the public service. - - "I shall now proceed to the other item, which I have selected - for more particular examination, the increased expenses of - collecting the duties on imports. In 1823 it was $766,699, equal - to 3 86-100 per cent. on the amount collected, and 98-100 on - the aggregate amount of imports; and in 1840 it had increased - to $1,542,319 24, equal to 14 13-100 per cent. on the amount - collected, and to 1 58-100 on the aggregate amount of the - imports, being an actual increase of nearly a million, and - considerably more than double the amount of 1823. In 1839 it - rose to $1,714,515. - - "From these facts, there can be little doubt that more than a - million annually may be saved under the two items of contingent - expenses of Congress, and the collection of the customs, without - touching the other great items comprised under the civil list, - the executive and judicial departments, the foreign intercourse, - light-houses, and miscellaneous. It would be safe to put down a - saving of at least a half million for them." - -The striking facts to be gleaned from these statements are--That -the civil list in 1821 was about two millions of dollars; in 1839, -four and a half millions; and in 1841, six millions and a fraction. -That the contingent expenses of Congress during the same periods -respectively, were, $50,000, and $276,000. And the collection -of the custom house revenue at the same periods, the respective -sums of $766,000, and $1,542,000. These several sums were each -considered extravagant, and unjustifiable, at the time Mr. Calhoun -was speaking; and each was expected to feel the pruning knife of -retrenchment. On the contrary, all have risen higher--inordinately -so--and still rising: the civil and diplomatic appropriation having -attained 17 millions: the contingent expenses of Congress 4 to -510,000: and the collection of the customs to above two millions. - - - - -CHAPTER XCV. - -RESIGNATION AND VALEDICTORY OF MR. CLAY - - -In the month of March, of this year, Mr. Clay resigned his place -in the Senate, and delivered a valedictory address to the body, -in the course of which he disclosed his reasons. Neither age, nor -infirmities, nor disinclination for public service were alleged as -the reasons. Disgust, profound and inextinguishable, was the ruling -cause--more inferrible than alleged in his carefully considered -address. Supercession at the presidential convention of his party to -make room for an "available" in the person of General Harrison--the -defection of Mr. Tyler--the loss of his leading measures--the -criminal catastrophe of the national bank for which he had so often -pledged himself--and the insolent attacks of the petty adherents -of the administration in the two Houses, (too annoying for his -equanimity, and too contemptible for his reply): all these causes -of disgust, acting upon a proud and lofty spirit, induced this -withdrawal from a splendid theatre for which, it was evident, he -had not yet lost his taste. The address opened with a retrospect of -his early entrance into the Senate, and a grand encomium upon its -powers and dignity as he had found it, and left it. Memory went back -to that early year, 1806, when just arrived at senatorial age, he -entered the American Senate, and commenced his high career--a wide -and luminous horizon before him, and will and talent to fill it. -After some little exordium, he proceeded: - - "And now, allow me, Mr. President, to announce, formally and - officially, my retirement from the Senate of the United States, - and to present the last motion which I shall ever make within - this body; but, before making that motion, I trust I shall be - pardoned for availing myself of this occasion to make a few - observations. At the time of my entry into this body, which took - place in December, 1806, I regarded it, and still regard it, - as a body which may be compared, without disadvantage, to any - of a similar character which has existed in ancient or modern - times; whether we look at it in reference to its dignity, its - powers, or the mode of its constitution; and I will also add, - whether it be regarded in reference to the amount of ability - which I shall leave behind me when I retire from this chamber. - In instituting a comparison between the Senate of the United - States and similar political institutions, of other countries, - of France and England, for example, he was sure the comparison - might be made without disadvantage to the American Senate. In - respect to the constitution of these bodies: in England, with - only the exception of the peers from Ireland and Scotland, and - in France with no exception, the component parts, the members - of these bodies, hold their places by virtue of no delegated - authority, but derive their powers from the crown, either by - ancient creation of nobility transmitted by force of hereditary - descent, or by new patents as occasion required an increase - of their numbers. But here, Mr. President, we have the proud - title of being the representatives of sovereign States or - commonwealths. If we look at the powers of these bodies in - France and England, and the powers of this Senate, we shall find - that the latter are far greater than the former. In both those - countries they have the legislative power, in both the judicial - with some modifications, and in both perhaps a more extensive - judicial power than is possessed by this Senate; but then the - last and undefined and undefinable power, the treaty-making - power, or at least a participation in the conclusions of - treaties with foreign powers, is possessed by this Senate, and - is possessed by neither of the others. Another power, too, and - one of infinite magnitude, that of distributing the patronage - of a great nation, which is shared by this Senate with the - executive magistrate. In both these respects we stand upon - ground different from that occupied by the Houses of Peers of - England and of France. And I repeat, that with respect to the - dignity which ordinarily prevails in this body, and with respect - to the ability of its members during the long period of my - acquaintance with it, without arrogance or presumption, we may - say, in proportion to its numbers, the comparison would not be - disadvantageous to us compared with any Senate either of ancient - or modern times." - -He then gave the date of the period at which he had formed the -design to retire, and the motive for it--the date referring to the -late presidential election, and the motive to find repose in the -bosom of his family. - - "Sir, I have long--full of attraction as public service in the - Senate of the United States is--a service which might fill the - aspirations of the most ambitious heart--I have nevertheless - long desired to seek that repose which is only to be found in - the bosom of one's family--in private life--in one's home. - It was my purpose to have terminated my senatorial career in - November, 1840, after the conclusion of the political struggle - which characterized that year." - -The termination of the presidential election in November, was the -period at which Mr. Clay intended to retire: the determination -was formed before that time--formed from the moment that he found -himself superseded at the head of his party by a process of -intricate and trackless filtration of public opinion which left -himself a dreg where he had been for so many years the head. It was -a mistake, the effect of calculation, which ended more disastrously -for the party than for himself. Mr. Clay could have been elected at -that time. The same power which elected General Harrison could have -elected him. The banks enabled the party to do it. In a state of -suspension, they could furnish, without detriment to themselves, the -funds for the campaign. Affecting to be ruined by the government, -they could create distress: and thus act upon the community with the -double battery of terror and seduction. Lending all their energies -and resources to a political party, they elected General Harrison -in a hurrah! and could have done the same by Mr. Clay. With him the -election would have been a reality--a victory bearing fruit: with -General Harrison and Mr. Tyler--through Providence with one, and -defection in the other--the triumph, achieved at so great expense, -became ashes in the mouths of the victors. He then gave his reasons -for not resigning, as he had intended, at the termination of the -election: it was the hope of carrying his measures at the extra -session, which he foresaw was to take place. - - "But I learned very soon, what my own reflections indeed - prompted me to suppose would take place, that there would be an - extra session; and being desirous, prior to my retirement, to - co-operate with my friends in the Senate in restoring, by the - adoption of measures best calculated to accomplish that purpose, - that degree of prosperity to the country, which had been, for a - time, destroyed, I determined upon attending the extra session, - which was called, as was well known, by the lamented Harrison. - His death, and the succession which took place in consequence - of it, produced a new aspect in the affairs of the country. Had - he lived, I do not entertain a particle of doubt that those - measures which, it was hoped, might be accomplished at that - session, would have been consummated by a candid co-operation - between the executive branch of the government and Congress; - and, sir, allow me to say (and it is only with respect to the - extra session), that I believe if there be any one free from - party feelings, and free from bias and from prejudice, who will - look at its transactions in a spirit of candor and of justice, - but must come to the conclusion to which, I think, the country - generally will come, that if there be any thing to complain of - in connection with that session, it is not as to what was done - and concluded, but as to that which was left unfinished and - unaccomplished." - -Disappointed in his expectations from the extra session, by means -which he did not feel it necessary to recapitulate, Mr. Clay -proceeds to give the reasons why he still deferred his proposed -resignation, and appeared in the Senate again at its ensuing regular -session. - - "After the termination of that session, had Harrison lived, - and had the measures which it appeared to me it was desirable - to have accomplished, been carried, it was my intention to - have retired; but I reconsidered that determination, with - the vain hope that, at the regular session of Congress, what - had been unaccomplished at the extra session, might then be - effected, either upon the terms proposed or in some manner - which would be equivalent. But events were announced after the - extra session--events resulting, I believe, in the failure - to accomplish certain objects at the extra session--events - which seemed to throw upon our friends every where present - defeat--this hope, and the occurrence of these events, induced - me to attend the regular session, and whether in adversity or - in prosperity, to share in the fortunes of my friends. But I - came here with the purpose, which I am now about to effectuate, - of retiring as soon as I thought I could retire with propriety - and decency, from the public councils." - -Events after the extra session, as well as the events of the -session, determined him to return to the regular one. He does -not say what those subsequent events were. They were principally -two--the formation of a new cabinet wholly hostile to him, and the -attempt of Messrs. Tyler, Webster and Cushing to take the whig -party from him. The hostility of the cabinet was nothing to him -personally; but it indicated a fixed design to thwart him on the -part of the President, and augured an indisposition to promote any -of his measures. This augury was fulfilled as soon as Congress met. -The administration came forward with a plan of a government bank, -to issue a national currency of government paper--a thing which -he despised as much as the democracy did; and which, howsoever -impossible to succeed itself, was quite sufficient, by the diversion -it created, to mar the success of any plan for a national bank. -Instead of carrying new measures, it became clear that he was to -lose many already adopted. The bankrupt act, though forced upon -him, had become one of his measures; and that was visibly doomed -to repeal. The distribution of the land revenue had become a -political monstrosity in the midst of loans, taxes and treasury -notes resorted to to supply its loss: and the public mind was in -revolt against it. The compromise act of 1833, for which he was so -much lauded at the time, and the paternity of which he had so much -contested at the time, had run its career of folly and delusion--had -left the Treasury without revenue, and the manufacturers without -protection; and, crippled at the extra session, it was bound to die -at this regular one--and that in defiance of the mutual assurance -for continued existence put into the land bill; and which, so far -from being able to assure the life of another bill, was becoming -unable to save its own. Losing his own measures, he saw those -becoming established which he had most labored to oppose. The -specie circular was taking effect of itself, from the abundance of -gold and the baseness of paper. The divorce of Bank and State was -becoming absolute, from the delinquency of the banks. There was no -prospect ahead either to carry new measures, or to save old ones, -or to oppose the hated ones. All was gloomy ahead. The only drop -of consolation which sweetened the cup of so much bitterness was -the failure of his enemies to take the whig party from him. That -parricidal design (for these enemies owed their elevation to him) -exploded in its formation--aborted in its conception; and left those -to abjure whiggism, and fly from its touch, who had lately combined -to consolidate Congress, President and people into one solid whig -mass. With this comfort he determined to carry into effect his -determination to resign, although it was not yet the middle of the -session, and that all-important business was still on the anvil of -legislation--to say nothing of the general diplomatic settlement, to -embrace questions from the peace of 1783, which it was then known -Great Britain was sending out a special mission to effect. But, to -proceed with the valedictory. Having got to the point at which he -was to retire, the veteran orator naturally threw a look back upon -his past public course. - - "From the year 1806, the period of my entering upon this noble - theatre of my public service, with but short intervals, down - to the present time, I have been engaged in the service of my - country. Of the nature and value of those services which I may - have rendered during my long career of public life, it does not - become me to speak. History, if she deigns to notice me, and - posterity--if a recollection of any humble service which I may - have rendered shall be transmitted to posterity--will be the - best, truest, and most impartial judges; and to them I defer - for a decision upon their value. But, upon one subject, I may - be allowed to speak. As to my public acts and public conduct, - they are subjects for the judgment of my fellow-citizens; but - my private motives of action--that which prompted me to take - the part which I may have done, upon great measures during - their progress in the national councils, can be known only to - the Great Searcher of the human heart and myself; and I trust I - shall be pardoned for repeating again a declaration which I made - thirty years ago: that whatever error I may have committed--and - doubtless I have committed many during my public service--I may - appeal to the Divine Searcher of hearts for the truth of the - declaration which I now make, with pride and confidence, that I - have been actuated by no personal motives--that I have sought no - personal aggrandizement--no promotion from the advocacy of those - various measures on which I have been called to act--that I have - had an eye, a single eye, a heart, a single heart, ever devoted - to what appeared to be the best interests of the country." - -With this retrospection of his own course was readily associated the -recollection of the friends who had supported him in his long and -eventful, and sometimes, stormy career. - - "But I have not been unsustained during this long course of - public service. Every where on this widespread continent - have I enjoyed the benefit of possessing warm-hearted, and - enthusiastic, and devoted friends--friends who knew me, and - appreciated justly the motives by which I have been actuated. - To them, if I had language to make suitable acknowledgments, I - would now take leave to present them, as being all the offering - that I can make for their long continued, persevering and - devoted friendship." - -These were general thanks to the whole body of his friends, and to -the whole extent of his country; but there were special thanks due -to nearer friends, and the home State, which had then stood by him -for forty-five years (and which still stood by him ten years more, -and until death), and fervidly and impressively he acknowledged this -domestic debt of gratitude and affection. - - "But, sir, if I have a difficulty in giving utterance to an - expression of the feelings of gratitude which fill my heart - towards my friends, dispersed throughout this continent, what - shall I say--what can I say--at all commensurate with my - feelings of gratitude towards that State whose humble servitor - I am? I migrated to the State of Kentucky nearly forty-five - years ago. I went there as an orphan, who had not yet attained - his majority--who had never recognized a father's smile--poor, - penniless, without the favor of the great--with an imperfect - and inadequate education, limited to the means applicable to - such a boy;--but scarcely had I set foot upon that generous - soil, before I was caressed with parental fondness--patronized - with bountiful munificence--and I may add to this, that her - choicest honors, often unsolicited, have been freely showered - upon me; and when I stood, as it were, in the darkest moments - of human existence--abandoned by the world, calumniated by a - large portion of my own countrymen, she threw around me her - impenetrable shield, and bore me aloft, and repelled the attacks - of malignity and calumny, by which I was assailed. Sir, it is to - me an unspeakable pleasure that I am shortly to return to her - friendly limits; and that I shall finally deposit (and it will - not be long before that day arrives) my last remains under her - generous soil, with the remains of her gallant and patriotic - sons who have preceded me." - -After this grateful overflow of feelings to faithful friends and -country, came some notice of foes, whom he might forgive, but not -forget. - - "Yet, sir, during this long period, I have not escaped the - fate of other public men, in this and other countries. I have - been often, Mr. President, the object of bitter and unmeasured - detraction and calumny. I have borne it, I will not say - always with composure, but I have borne it without creating - any disturbance. I have borne it, waiting in unshaken and - undoubting confidence, that the triumphs of truth and justice - would ultimately prevail; and that time would settle all things - as they ought to be settled. I have borne them under the - conviction, of which no injustice, no wrong, no injury could - deprive me, that I did not deserve them, and that He to whom we - are all to be finally and ultimately responsible, would acquit - me, whatever injustice I might experience at the hands of my - fellow-men." - -This was a general reference to the attacks and misrepresentations -with which, in common with all eminent public men of decided -character, he had been assailed; but there was a recent and -offensive imputation upon him which galled him exceedingly--as much -so for the source from which it came as for the offence itself: it -was the imputation of the dictatorship, lavished upon him during the -extra session; and having its origin with Mr. Tyler and his friends. -This stung him, coming from that source--Mr. Tyler having attained -his highest honors through his friendship: elected senator by his -friends over Mr. Randolph, and taken up for Vice-President in the -whig convention (whereby he became both the second and the first -magistrate of the republic) on account of the excessive affection -which he displayed for Mr. Clay. To this recent, and most offensive -imputation, he replied specially: - - "Mr. President, a recent epithet (I do not know whether for the - purpose of honor or of degradation) has been applied to me; and - I have been held up to the country as a dictator! Dictator! - The idea of dictatorship is drawn from Roman institutions; and - there, when it was created, the person who was invested with - this tremendous authority, concentrated in his own person the - whole power of the state. He exercised unlimited control over - the property and lives of the citizens of the commonwealth. - He had the power of raising armies, and of raising revenue by - taxing the people. If I have been a dictator, what have been - the powers with which I have been clothed? Have I possessed - an army, a navy, revenue? Have I had the distribution of the - patronage of the government? Have I, in short, possessed any - power whatever? Sir, if I have been a dictator, I think those - who apply the epithet to me must at least admit two things: in - the first place, that my dictatorship has been distinguished - by no cruel executions, stained by no deeds of blood, soiled by - no act of dishonor. And they must no less acknowledge, in the - second place (though I do not know when its commencement bears - date, but I suppose, however, that it is intended to be averred, - from the commencement of the extra session), that if I have been - invested with, or have usurped the dictatorship, I have at least - voluntarily surrendered the power within a shorter period than - was assigned by the Roman laws for its continuance." - -Mr. Clay led a great party, and for a long time, whether he dictated -to it or not, and kept it well bound together, without the usual -means of forming and leading parties. It was a marvel that, without -power and patronage (for the greater part of his career was passed -in opposition as a mere member of Congress), he was able so long and -so undividedly to keep so great a party together, and lead it so -unresistingly. The marvel was solved on a close inspection of his -character. He had great talents, but not equal to some whom he led. -He had eloquence--superior in popular effect, but not equal in high -oratory to that of some others. But his temperament was fervid, his -will strong, and his courage daring; and these qualities, added to -his talents, gave him the lead and supremacy in his party--where -he was always dominant, but twice set aside by the politicians. It -was a galling thing to the President Tyler, with all the power and -patronage of office, to see himself without a party, and a mere -opposition member at the head of a great one--the solid body of -the whigs standing firm around Mr. Clay, while only some flankers -and followers came to him; and they importunate for reward until -they got it. Dictatorship was a natural expression of resentment -under such circumstances; and accordingly it was applied--and -lavishly--and in all places: in the Senate, in the House, in the -public press, in conversation, and in the manifesto which Mr. -Cushing put out to detach the whigs from him. But they all forgot -to tell that this imputed dictatorship at the extra session, took -place after the defection of Mr. Tyler from the whig party, and as a -consequence of that defection--some leader being necessary to keep -the party together after losing the two chiefs they had elected--one -lost by Providence, the other by treachery. This account settled, -he turned to a more genial topic--that of friendship; and to make -atonement, reconciliation and peace with all the senators, and -they were not a few, with whom he had had some rough encounters in -the fierce debate. Unaffectedly acknowledging some imperfection of -temper, he implored forgiveness from all whom he had ever offended, -and extended the hand of friendship to every brother member. - - "Mr. President, that my nature is warm, my temper ardent, my - disposition in the public service enthusiastic, I am ready to - own. But those who suppose they may have seen any proof of - dictation in my conduct, have only mistaken that ardor for what - I at least supposed to be patriotic exertions for fulfilling - the wishes and expectations by which I hold this seat; they - have only mistaken the one for the other. Mr. President, - during my long and arduous services in the public councils, - and especially during the last eleven years, in the Senate, - the same ardor of temperament has characterized my actions, - and has no doubt led me, in the heat of debate, in endeavoring - to maintain my opinions in reference to the best course to - be pursued in the conduct of public affairs, to use language - offensive, and susceptible of ungracious interpretation, towards - my brother senators. If there be any who entertain a feeling of - dissatisfaction resulting from any circumstance of this kind, - I beg to assure them that I now make the amplest apology. And, - on the other hand, I assure the Senate, one and all, without - exception and without reserve, that I leave the Senate chamber - without carrying with me to my retirement a single feeling of - dissatisfaction towards the Senate itself or any one of its - members. I go from it under the hope that we shall mutually - consign to perpetual oblivion whatever of personal animosities - or jealousies may have arisen between us during the repeated - collisions of mind with mind." - -This moving appeal was strongly responded to in spontaneous advances -at the proper time--deferred for a moment by a glowing and merited -tribute to his successor (Mr. Crittenden), and his own solemn -farewell to the Senate. - - "And now, allow me to submit the motion which is the object - that induced me to arise upon this occasion. It is to present - the credentials of my friend and successor, who is present to - take my place. If, Mr. President, any void could be created by - my withdrawal from the Senate of the United States, it will be - filled to overflowing by my worthy successor, whose urbanity, - gallant bearing, steady adherence to principle, rare and - uncommon powers of debate, are well known already in advance to - the whole Senate. I move that the credentials be received, and - at the proper moment that the oath required be administered. - And now, in retiring as I am about to do from the Senate, I - beg leave to deposit with it my fervent wishes, that all the - great and patriotic objects for which it was instituted, may be - accomplished--that the destiny designed for it by the framers of - the constitution may be fulfilled--that the deliberations, now - and hereafter, in which it may engage for the good of our common - country, may eventuate in the restoration of its prosperity, and - in the preservation and maintenance of her honor abroad, and - her best interests at home. I retire from you, Mr. President, - I know, at a period of infinite distress and embarrassment. I - wish I could have taken leave of the public councils under more - favorable auspices: but without meaning to say at this time, - upon whom reproaches should fall on account of that unfortunate - condition, I think I may appeal to the Senate and to the country - for the truth of what I say, when I declare that at least no - blame on account of these embarrassments and distresses can - justly rest at my door. May the blessings of Heaven rest upon - the heads of the whole Senate, and every member of it; and may - every member of it advance still more in fame, and when they - shall retire to the bosoms of their respective constituencies, - may they all meet there that most joyous and grateful of all - human rewards, the exclamation of their countrymen, 'well done, - thou good and faithful servant.' Mr. President, and Messieurs - Senators, I bid you, one and all, a long, a last, a friendly - farewell." - -Mr. Preston concluded the ceremony by a motion to adjourn. He -said he had well observed from the deep sensation which had -been sympathetically manifested, that there could be but little -inclination to go on with business in the Senate, and that he could -not help participating in the feeling which he was sure universally -prevailed, that something was due to the occasion. The resignation -which had just taken place was an epoch in the annals of the -country. It would undoubtedly be so considered in history. And he -did not know that he could better consult the feelings of the Senate -than by moving an adjournment: which motion was made and agreed to. -Senators, and especially those who had had their hot words with the -retiring statesman, now released from official restraint, went up, -and made return of all the kind expressions which had been addressed -to them. But the valedictory, though well performed, did not escape -the criticism of senators, as being out of keeping with the usages -of the body. It was the first occasion of the kind; and, thus far, -has been the last; and it might not be recommendable for any one, -except another Henry Clay--if another should ever appear--to attempt -its imitation. - - - - -CHAPTER XCVI. - -MILITARY DEPARTMENT: PROGRESS OF ITS EXPENSE. - - -There is no part of the working of the government, at which that -part of the citizens who live upon their own industry should look -more closely, than into its expenditures. The progress of expense -in every branch of the public service should be their constant -care; and for that purpose retrospective views are necessary, and -comparisons between different periods. A preceding chapter has given -some view of this progress and comparison in the Navy Department: -the present one will make the same retrospect with respect to the -army, and on the same principles--that of taking the aggregate -expense of the department, and then seeing the effective force -produced, and the detailed cost of such force. Such comparative -view was well brought up by Mr. Calhoun for a period of twenty -years--1822 to 1842--in the debate on the naval appropriations; and -it furnishes instructive data for this examination. He said: - - "I shall now pass to the military, with which I am more - familiar. I propose to confine my remarks almost entirely to - the army proper, including the Military Academy, in reference - to which the information is more full and minute. I exclude - the expenses incident to the Florida war, and the expenditures - for the ordnance, the engineer, the topographical, the Indian, - and the pension bureaus. Instead of 1823, for which there is - no official and exact statement of the expenses of the army, - I shall take 1821, for which there is one made by myself, as - Secretary of War, and for the minute correctness of which, I - can vouch. It is contained in a report made under a call of the - House of Representatives, and comprises a comparative statement - of the expenses of the army proper, for the years 1818, '19, - '20, and '21, respectively, and an estimate of the expense of - 1823. It may be proper to add, which I can with confidence, that - the comparative expense of 1823, if it could be ascertained, - would be found to be not less favorable than 1821. It would - probably be something more so. - - "With these remarks, I shall begin with a comparison, in the - first place, between 1821 and the estimate for the army proper - for this year. The average aggregate strength of the army in - the year 1821, including officers, professors, cadets, and - soldiers, was 8,109, and the proportion of officers, including - the professors of the Military Academy, to the soldiers, - including cadets, was 1 to 12 18-100, and the expenditure - $2,180,093 53, equal to $263 91 for each individual. The - estimate for the army proper for 1842, including the Military - Academy, is $4,453,370 16. The actual strength of the army, - according to the return accompanying the message at the opening - of the session, was 11,169. Assuming this to be the average - strength for this year, and adding for the average number of the - Academy, professors and cadets, 300, it will give within a very - small fraction $390 for each individual, making a difference - of $136 in favor of 1821. How far the increase of pay, and the - additional expense of two regiments of dragoons, compared to - other descriptions of troops, would justify this increase, I - am not prepared to say. In other respects, I should suppose, - there ought to be a decrease rather than an increase, as the - prices of clothing, provisions, forage, and other articles of - supply, as well as transportation, are, I presume, cheaper than - in 1821. The proportion of officers to soldiers I would suppose - to be less in 1842, than in 1821, and of course, as far as that - has influence, the expense of the former ought to be less per - man than the latter. With this brief and imperfect comparison - between the expense of 1821 and the estimates for this year, - I shall proceed to a more minute and full comparison between - the former and the year 1837. I select that year, because the - strength of the army, and the proportion of officers to men (a - very material point as it relates to the expenditure) are almost - exactly the same. - - "On turning to document 165 (H. R., 2d sess., 26th Con.), - a letter will be found from the then Secretary of War (Mr. - Poinsett) giving a comparative statement, in detail, of the - expense of the army proper, including the Military Academy, - for the years 1837, '38, '39 and '40. The strength of the army - for the first of these years, including officers, professors, - cadets, and soldiers, was 8,107, being two less than in 1821. - The proportion of officers and professors, to the cadets - and soldiers, 11 46-100, being 72-100 more than 1821. The - expenditure for 1837, $3,308,011, being $1,127,918 more than - 1821. The cost per man, including officers, professors, cadets, - and soldiers, was in 1837 $408 03, exceeding that of 1821 by - $144 12 per man. It appears by the letter of the Secretary, - that the expense per man rose in 1838 to $464 35; but it is - due to the head of the department, at the time, to say, that - it declined under his administration, the next year, to $381 - 65; and in the subsequent, to $380 63. There is no statement - for the year 1841; but as there has been a falling off in - prices, there ought to be a proportionate reduction in the cost, - especially during the present year, when there is a prospect of - so great a decline in almost every article which enters into the - consumption of the army. Assuming that the average strength - of the army will be kept equal to the return accompanying the - President's message, and that the expenditure of the year - should be reduced to the standard of 1821, the expense of the - army would not exceed $2,895,686, making a difference, compared - with the estimates, of $1,557,684; but that, from the increase - of pay, and the greater expense of the dragoons, cannot be - expected. Having no certain information how much the expenses - are necessarily increased from those causes, I am not prepared - to say what ought to be the actual reductions; but, unless the - increase of pay, and the increased cost because of the dragoons - are very great, it ought to be very considerable. - - "I found the expense of the army in 1818, including the - Military Academy, to be $3,702,495, at a cost of $451 57 per - man, including officers, professors, cadets, and soldiers, and - reduced it in 1821 to $2,180,098, at a cost of $263 91; and - making a difference between the two years, in the aggregate - expenses of the army, of $1,522,397, and $185 66 per man. There - was, it is true, a great fall in prices in the interval; but - allowing for that, by adding to the price of every article - entering into the supplies of the army, a sum sufficient to - raise it to the price of 1818, there was still a difference in - the cost per man of $163 95. This great reduction was effected - without stinting the service or diminishing the supplies, either - in quantity or quality. They were, on the contrary, increased - in both, especially the latter. It was effected through an - efficient organization of the staff, and the co-operation of - the able officers placed at the head of each of its divisions. - The cause of the great expense at the former period, was found - to be principally in the neglect of public property, and the - application of it to uses not warranted by law. There is less - scope, doubtless, for reformation in the army now. I cannot - doubt, however, but that the universal extravagance which - pervaded the country for so many years, and which increased so - greatly the expenses both of government and individuals, has - left much room for reform in this, as well as other branches of - the service." - -This is an instructive period at which to look. In the year 1821, -when Mr. Calhoun was Secretary at War, the cost of each man in -the military service (officers and cadets included) was, in round -numbers, 264 dollars per man: in the year 1839, when Mr. Poinsett -was Secretary, and the Florida war on hand, the cost per man was -380 dollars: in the year 1842, the second year of Mr. Tyler's -administration, the Florida war still continuing, it was 390 dollars -per man: now, in 1855, it is about 1,000 dollars a man. Thus, the -cost of each man in the army has increased near three fold in the -short space of about one dozen years. The same result will be -shown by taking the view of these increased expenses in a different -form--that of aggregates of men and of cost. Thus, the aggregate -of the army in 1821 was 8,109 men, and the expense was $2,180,093: -in 1839 the aggregate of the army was about 8,000 men--the cost -$3,308,000: in 1842 the return of the army was 11,169--the -appropriation asked for, and obtained $4,453,370. Now, 1854, the -aggregate of the army is 10,342--the appropriations ten millions and -three quarters! that is to say, with nearly one thousand men less -than in 1842, the cost is upwards of six millions more. Such is the -progress of waste and extravagance in the army--fully keeping up -with that in the navy. - -In a debate upon retrenchment at this session, Mr. Adams proposed to -apply the pruning knife at the right place--the army and navy: he -did not include the civil and diplomatic, which gave no sign at that -time of attaining its present enormous proportions, and confined -himself to the naval and military expenditure. After ridiculing the -picayune attempts at retrenchment by piddling at stationery and -tape, and messengers' pay, he pointed to the army and navy; and said: - - "There you may retrench millions! in the expenses of Congress, - you retrench picayunes. You never will retrench for the benefit - of the people of this country, till you retrench the army and - navy twenty millions. And yet he had heard of bringing down the - expenditures of the government to twenty millions. Was this - great retrenchment to be effected by cutting off the paper of - members, by reducing the number of pages, and cutting down the - salaries of the door-keepers? How much could be retrenched in - that way? If there was to be any real retrenchment, it must - be in the army and navy. A sincere and honest determination - to reduce the expenses of the government, was the spirit of a - very large portion of the two parties in the House; and that - was a spirit in which the democracy had more merit than the - other party. He came here as an humble follower of those who - went for retrenchment; and, so help him God, so long as he kept - his seat here, he would continue to urge retrenchment in the - expenditures of the military and naval force. Well, what was the - corresponding action of the Executive on this subject? It was a - recommendation to increase the expenditures both for the army - and navy. They had estimates from the War and Navy Departments - of twenty millions. The additions proposed to the armed force, - as he observed yesterday, fifteen millions would not provide - for. Where was the spirit of retrenchment on the part of the - Executive, which Congress had a right to expect? How had he - met the spirit manifested by Congress for retrenchment of the - expenditures of the government? By words--words--and nothing - else but words." - -A retrenchment, to be effectual, requires the President to -take the lead, as Mr. Jefferson did at the commencement of his -administration. A solitary member, or even several members acting -together, could do but little: but they should not on that account -forbear to "_cry aloud and spare not_." Their voice may wake up the -people, and lead to the election of a President who will be on the -side of republican economy, instead of royal extravagance. This -writer is not certain that 20 millions, on these two heads, could -have been retrenched at the time Mr. Adams spoke; but he is sure of -it now. - - - - -CHAPTER XCVII. - -PAPER MONEY PAYMENTS: ATTEMPTED BY THE FEDERAL GOVERNMENT: -RESISTED: MR. BENTON'S SPEECH. - - -The long continued struggle between paper money and gold was now -verging to a crisis. The gold bill, rectifying the erroneous -valuation of that metal, had passed in 1834: an influx of gold -coin followed. In seven years the specie currency had gone up from -twenty millions to one hundred. There was five times as much specie -in the country as there was in 1832, when the currency was boasted -to be solid under the regulation of the Bank of the United States. -There was as much as the current business of the country and of the -federal government could use: for these 100 millions, if allowed -to circulate and to pass from hand to hand, in every ten hands -that they passed through, would do the business of one thousand -millions. Still the administration was persistent in its attempts -to obtain a paper money currency: and the national bank having -failed, and all the efforts to get up paper money machines (under -the names of fiscal agent, fiscal corporation, and exchequer board) -having proved abortive, recourse was had to treasury notes, with -the quality of re-issuability attached to them. Previous issues -had been upon the footing of any other promissory note: when once -paid at the treasury, it was extinguished and cancelled. Now they -were made re-issuable, like common bank notes; and a limited issue -of five millions of dollars became unlimited from its faculty of -successive emission. The new administration converted these notes -into currency, to be offered to the creditors of the government in -the proportion of two-thirds paper, and one-third specie; and, from -the difficulty of making head against the government, the mass of -the creditors were constrained to take their dues in this compound -of paper and specie. Mr. Benton determined to resist it, and to -make a case for the consideration and judgment of Congress and the -country, with the view of exposing a forced unconstitutional tender, -and inciting the country to a general resistance. For this purpose -he had a check drawn for a few days' compensation as senator, and -placed it in the hands of a messenger for collection, inscribed, -"the hard, or a protest." The hard was not delivered: the protest -followed: and Mr. Benton then brought the case before the Senate, -and the people, in a way which appears thus in the register of the -Congress debates (and which were sufficient for their objects as the -forced tender of the paper money was immediately stopped): - -Mr. Benton rose to offer a resolution, and to precede it with some -remarks, bottomed upon a paper which he held in his hand, and which -he would read. He then read as follows: - - [COMPENSATION NO. 149.] - - OFFICE OF SECRETARY OF THE SENATE OF THE U. S. A. - - WASHINGTON, _31st January, 1842_. - - Cashier of the Bank of Washington, - - Pay to Hon. THOMAS H. BENTON, or order one hundred and forty-two - dollars. $142 (Signed) ASBURY DICKENS, - - Secretary of the Senate. - (Endorsed). [pointing finger symbol] "_The hard, or a protest._ - - "THOMAS H. BENTON." - - DISTRICT OF COLUMBIA, - - Washington County, Set: - - Be it known, That on the thirty-first day of January, 1842, - I, George Sweeny, Notary Public, by lawful authority duly - commissioned and sworn, dwelling in the County and District - aforesaid, at the request of the honorable Thomas H. Benton, - presented at the bank of Washington, the original check whereof - the above is a true copy, and demanded there payment of the sum - of money in the said check specified, whereunto the cashier of - said bank answered: "The whole amount cannot be paid in specie, - as treasury notes alone have been deposited here to meet the - Secretary of the Senate's checks; but I am ready to pay this - check in one treasury note for one hundred dollars, bearing six - per cent. interest, and the residue in specie." - - Therefore I, the said notary, at the request aforesaid, have - protested, and by these presents do solemnly protest, against - the drawer and endorser of this said check, and all others whom - it doth or may concern, for all costs, exchange, or re-exchange, - charges, damages, and interests, suffered and to be suffered for - want of payment thereof. - - [SEAL] - - In testimony whereof, I have hereunto set my hand and affixed my - Seal Notarial, this first day of February, 1842. - - GEORGE SWEENY, - Notary Public. - - Protesting, $1 75. - - Recorded in Protest Book, G. S. No. 4, page 315. - -Mr. B. said this paper explained itself. It was a check and a -protest. The check was headed "_compensation_," and was drawn by -the Secretary of the Senate for so much pay due to him (Mr. B.) for -his per diem attendance in Congress. It had been presented at the -proper place for payment, and it would be seen by the protest that -payment was refused, unless he (Mr. B.) would consent to receive -two-thirds paper and about one-third specie. He objected to this, -and endorsed upon the check, as an instruction to the messenger -who carried it, these words: "_The hard, or a protest._" Under -instructions the protest came, and with it notarial fees to the -amount of $1,75, which were paid in the hard. Mr. B. said this was -what had happened to himself, here at the seat of government; and he -presumed the same thing was happening to others, and all over the -Union. He presumed the time had arrived when paper money payments, -and forced tenders of treasury notes, were to be universal, and -when every citizen would have to decide for himself whether he -would submit to the imposition upon his rights, and to the outrage -upon the Constitution, which such a state of things involved. Some -might not be in a situation to submit. Necessity, stronger than any -law, might compel many to submit; but there were others who were -in a situation to resist; and, though attended with some loss and -inconvenience, it was their duty to do so. Tyranny must be resisted; -oppression must be resisted; violation of the Constitution must be -resisted; folly or wickedness must be resisted; otherwise there is -an end of law, of liberty, and of right. The government becomes -omnipotent, and rides and rules over a prostrate country, as it -pleases. Resistance to the tyranny or folly of a government becomes -a sacred duty, which somebody must perform, and the performance of -which is always disagreeable, and sometimes expensive and hazardous. -Mr. Hampden resisted the payment of ship money in England: and his -resistance cost him money, time, labor, losses of every kind, and -eventually the loss of his life. His share of the ship money was -only twenty shillings, and a suggestion of self-interest would -have required him to submit to the imposition, and put up with the -injury. But a feeling of patriotism prompted him to resist for -others, not for himself--to resist for the benefit of those who -could not resist for themselves; and, above all, to resist for the -sake of the Constitution of the country, trampled under foot by -a weak king and a profligate minister. Mr. Hampden resisted the -payment of ship money to save the people of England from oppression, -and the constitution from violation. Some person must resist the -payment of paper money here, to save the people from oppression, and -the Constitution from violation; and if persons in station, and at -the seat of government will not do it, who shall? Sir, resistance -must be made; the safety of the country, and of the Constitution -demands it. It must be made here: for here is the source and -presence of the tyranny. It must be made by some one in station: for -the voice of those in private life could not be heard. Some one must -resist, and for want of a more suitable person, I find myself under -the necessity of doing it--and I do it with the less reluctance -because it is in my line, as a hard-money man; and because I do not -deem it quite as dangerous to resist our paper money administration -as Hampden found it to resist Charles the First and the Duke of -Buckingham. - -There is no dispute about the fact, and the case which I present is -neither a first one, nor a solitary one. The whig administration, -in the first year of its existence, is without money, and without -credit, and with no other means of keeping up but by forced -payments of paper money, which it strikes from day to day to force -into the hands, and to stop the mouths of its importunate creditors. -This is its condition; and it is the natural result of the folly -which threw away the land revenue--which repealed the hard money -clause of the independent treasury--which repealed the prohibition -against the use of small notes by the federal government--which -has made war upon gold, and protected paper--and which now demands -the establishment of a national manufactory of paper money for the -general and permanent use of the federal government. Its present -condition is the natural result of these measures; and bad as it -is, it must be far worse if the people do not soon compel a return -to the hard money and economy of the democratic administrations. -This administration came into power upon a promise to carry on the -government upon thirteen millions per annum; the first year is not -yet out; it has already had a revenue of twenty odd millions, a loan -bill for twelve millions, a tax bill for eight or ten millions, a -treasury note bill for five millions: and with all this, it declares -a _deficit_, and shows its insolvency, by denying money to its -creditors, and forcing them to receive paper, or to go without pay. -In a season of profound peace, and in the first year of the whig -administration, this is the condition of the country! a condition -which must fill the bosom of every friend to our form of government -with grief and shame. - -Sir, a war upon the currency of the constitution has been going on -for many years; and the heroes of that war are now in power. They -have ridiculed gold, and persecuted it in every way, and exhausted -their wits in sarcasms upon it and its friends. The humbug gold bill -was their favorite phrase; and among other exhibitions in contempt -of this bill and its authors, were a couple of public displays--one -in May, 1837, the other in the autumn of 1840--at Wheeling, in -Virginia, by two gentlemen (Mr. Tyler and Mr. Webster), now high -functionaries in this government, in which empty purses were held -up to the contemplation of the crowd, in derision of the gold bill -and its authors. Sir, that bill was passed in June, 1834; and from -that day down to a few weeks ago, we were paid in gold. Every one -of us had gold that chose it. Now the scene is reversed. Gold is -gone; paper has come. Forced payments, and forced tenders of paper, -is the law of the whig administration! and empty purses may now -be held up with truth, and with sorrow, as the emblem both of the -administration and its creditors. - -The cause of this disgraceful state of things, Mr. B. said, he -would not further investigate at present. The remedy was the point -now to be attended to. The government creditor was suffering; the -constitution was bleeding; the character of the country was sinking -into disgrace; and it was the duty of Congress to apply a remedy -to so many disasters. He, Mr. B. saw the remedy; but he had not -the power to apply it. The power was in other hands; and to them -he would wish to commit the inquiry which the present condition of -things imperiously required of Congress to make. - -Mr. B. said here was a forced payment of paper money--a forced -tender of paper money--and forced loans from the citizens. The loan -to be forced out of him was $100, at 6 per cent.; but he had not -the money to lend, and should resist the loan. Those who have money -will not lend it, and wisely refuse to lend it to an administration -which throws away its rich pearl--the land revenue. The senator from -North Carolina [Mr. MANGUM] proposes a reduction of the pay of the -members by way of relief to the Treasury, but Mr. B. had no notion -of submitting to it: he had no notion of submitting to a deduction -of his pay to enable an administration to riot in extravagance, and -to expend in a single illegal commission in New York (the Poindexter -custom house inquisition), more than the whole proposed saving from -the members' pay would amount to. He had no notion of submitting -to such curtailments, and would prefer the true remedy, that of -restoring the land revenue to its proper destination; and also -restoring economy, democracy, and hard money to power. - -Mr. Benton then offered the following resolution, which was adopted: - - "_Resolved_, That the Committee on Finance be instructed to - inquire into the nature of the payments now made, or offered to - be made, by the federal government to its creditors. Whether - the same are made in hard money or in paper money? Whether the - creditors have their option? Whether the government paper is at - a discount? And what remedy, if any, is necessary to enable the - government to keep its faith with its creditors, so as to save - them from loss, the Constitution from violation, and the country - from disgrace?" - - - - -CHAPTER XCVIII. - -CASE OF THE AMERICAN BRIG CREOLE, WITH SLAVES FOR NEW ORLEANS, -CARRIED BY MUTINY INTO NASSAU, AND THE SLAVES LIBERATED. - - -At this time took place one of those liberations of slaves in -voyages between our own ports, of which there had already been four -instances; but no one under circumstances of such crime and outrage. -Mutiny, piracy, and bloodshed accompanied this fifth instance of -slaves liberated by British authorities while on the voyage from one -American port to another. The brig Creole, of Richmond, Virginia, -had sailed from Norfolk for New Orleans, among other cargo, having -135 slaves on board. When out a week, and near the Bahama Islands, -a mutiny broke out among the slaves, or rather nineteen of them, in -the night, manifesting itself instantly and unexpectedly upon the -officers and crew of the brig, and the passengers. The mutineers, -armed with knives and handspikes, rushed to the cabin, where the -officers not on duty, the wife and children of the captain, and -passengers were asleep. They were knocked down, stabbed and killed, -except as they could save themselves in the dark. In a few minutes -the mutineers were masters of the vessel, and proceeded to arrange -things according to their mind. All the slaves except the 19 were -confined in the hold, and great apprehensions entertained of them, -as they had refused to join in the mutiny, many of them weeping -and praying--some endeavoring to save their masters, and others -hiding to save themselves. The living, among the officers, crew and -passengers were hunted up, and their lives spared to work the ship. -They first demanded that they should be carried to Liberia--a design -which was relinquished upon representations that there was not water -and provisions for a quarter of the voyage. They then demanded to -go to a British island, and placing the muzzle of a musket against -the breast of the severely wounded captain, menaced him with -instant death if he did not comply with their demand. Of course he -complied, and steered for Nassau, in the island of Providence. The -lives of his wife and children were spared, and they, with other -surviving whites, were ordered into the forward hold. Masters of the -ship, the 19 mutineers took possession of the cabin--ate there--and -had their consultations in that place. All the other slaves were -rigorously confined in the hold, and fears expressed that they would -rise on the mutineers. Not one joined them. The affidavits of the -master and crew taken at Nassau, say: - - "None but the 19 went into the cabin. They ate in the cabin, - and others ate on deck as they had done the whole voyage. The - 19 were frequently closely engaged in secret conversation, but - the others took no part in it, and appeared not to share in - their confidence. The others were quiet and did not associate - with the mutineers. The only words that passed between the - others and the 19, were when the others asked them for water - _or grub_, or something of the kind. The others were kept under - as much as the whites were. The 19 drank liquor in the cabin - and invited the whites to join them, but not the other negroes. - Madison, the ring-leader, gave orders that the cooking for all - but the 19 should be as it was before, and appointed the same - cook for them. The nineteen said that all they had done was for - their freedom. The others said nothing about it. They were much - afraid of the nineteen. They remained forward of the mainmast. - The nineteen took possession of the after part of the brig, and - stayed there the whole time or were on watch. The only knives - found after the affray, were two sheath knives belonging to the - sailors. The captain's bowie knife and the jack knife. None of - the other negroes had any other knives. Madison sometimes had - the bowie knife, and sometimes Ben had it. No other negro was - seen with that knife. On Monday afternoon Madison got the pistol - from one of the nineteen, and said he did not wish them to have - any arms when they reached Nassau. The nineteen paraded the - deck armed, while the other negroes behaved precisely as they - had done before the mutiny. About 10 o'clock, P. M., on the 8th - day of November, 1841, they made the light of Abaco. Ben had - the gun. About 10 o'clock P. M. he fired at Stevens, who came - on deck as already stated. Merritt and Gifford (officers of the - vessel) alternately kept watch. Ben, Madison, Ruffin and Morris - (four principal mutineers) kept watch by turns, the whole time - up to their arrival at Nassau, with knives drawn. So close was - the watch, that it was impossible to rescue the brig. Neither - passengers, officers or sailors were allowed to communicate with - each other. The sailors performed their usual duties." - -Arrived at Nassau, a pilot came on board--all the men in his boat -being negroes. He and his men on coming on board, mingled with -the slaves, and told them they were free men--that they should -go on shore, and never be carried away from there. The regular -quarantine officer then came on board, to whom Gifford, first mate -of the vessel, related all the circumstances of the mutiny. Going -ashore with the quarantine officer, Gifford related all the same -circumstances to the Governor of the island, and to the American -Consul at Nassau. The consul, in behalf of the vessel and all -interested, requested that a guard should be sent on board to -protect the vessel and cargo, and keep the slaves on board until it -could be known what was to be done. The Governor did so--sending a -guard of twenty-four negro soldiers in British uniform, with loaded -muskets and fixed bayonets. The affidavits then say: - - "From Tuesday the 10th, till Friday the 12th day of November, - they tied Ben Blacksmith, Addison, Ruffin, and Morris, put - them in the long boat, placed a sentry over them, and fed them - there. They mingled with the negroes, and told the women they - were free, and persuaded them to remain in the island. Capt. - Fitzgerald, commanding the company, told many of the slaves - owned by Thomas McCargo, in presence of many other of the - slaves, how foolish they were, that they had not, when they - rose, killed all the whites on board, and run the vessel ashore, - and then they would have been free, and there would have been - no more trouble about it. This was on Wednesday. Every day the - officers and soldiers were changed at 9 o'clock, A.M. There are - 500 regular soldiers on the island, divided into four equal - companies, commanded by four officers, called captains. There - was a regular sentry stationed every night, and they put all the - men slaves below, except the four which were tied, and placed a - guard over the hatchway. They put them in the hold at sunset, - and let them out at sunrise. There were apparently from twelve - to thirteen thousand negroes in the town of Nassau and vicinity, - and about three or four thousand whites." - -The next day the Queen's attorney-general for this part of her -West Indian possessions, came on board the brig, attended by three -magistrates and the United States consul, and took the depositions -of all the white persons on board in relation to the mutiny. That -being done, the attorney-general placed the 19 mutineers in the -custody of the captain and his guard of 24 negro soldiers, and -ordered them upon the quarter-deck. The affidavits then continue: - - "There were about fifty boats lying round the brig, all filled - with men from the shore, armed with clubs, and subject to the - order of the attorney-general, and awaiting a signal from one - of the civil magistrates; a sloop was towed from the shore by - some of our boats, and anchored near the brig--this sloop was - also filled with men armed with clubs; all the men in the boats - were negroes. The fleet of boats was under the immediate command - of the pilot who piloted the brig into the harbor. This pilot, - partly before the signal was given by one of the magistrates, - said that he wished they would get through the business; that - they had their time and he wanted his. - - "The attorney-general here stepped on the quarter-deck, and - addressing himself to all the persons except the nineteen who - were in custody, said, 'My friends, you have been detained a - short time on board the Creole for the purpose of ascertaining - the individuals who were concerned in this mutiny and murder. - They have been identified, and will be detained, and the rest - of you are free, and at liberty to go on shore, and wherever - you please.' Then addressing the prisoners he said: 'Men, there - are nineteen of you who have been identified as having been - engaged in the murder of Mr. Hewell, and in an attempt to kill - the captain and others. You will be detained and lodged in - prison for a time, in order that we may communicate with the - English government, and ascertain whether your trial shall take - place here or elsewhere.' At this time Mr. Gifford, the mate - of the vessel, then in command, the captain being on shore, - under the care of a physician, addressed the attorney-general - in the presence of the magistrates, protested against the boats - being permitted to come alongside of the vessel, or that the - negroes other than the mutineers should be put on shore. The - attorney-general replied that Mr. Gifford had better make no - objection, but let them go quietly on shore, for if he did, - there might be bloodshed. At this moment one of the magistrates - ordered Mr. Merritt, Mr. McCargo, and the other passengers, to - look to their money and effects, as he apprehended that the - cabin of the Creole would be sacked and robbed. - - "The attorney-general with one of the magistrates, stepped into - his boat and withdrew into the stream, a short distance from - the brig, when they stopped. A magistrate on the deck of the - Creole gave the signal for the boats to approach instantly. With - a hurrah and a shout, a fleet of boats came alongside of the - brig, and the magistrates directed the men to remain on board - of their own boats, and commanded the slaves to leave the brig - and go on board the boats. They obeyed his orders, and passing - from the Creole into the boats, were assisted, many of them, - by this magistrate. During this proceeding, the soldiers and - officers were on the quarter-deck of the Creole, armed with - loaded muskets and bayonets fixed, and the attorney-general - with one of the magistrates in his boat, lay at a convenient - distance, looking on. After the negroes had embarked in the - boats, the attorney-general and magistrate pushed out their - boat, and mingled with the fleet, congratulating the slaves on - their escape, and shaking hands with them. Three cheers were - then given, and the boats went to the shore, where thousands - were waiting to receive them." - -The 19 mutineers were then taken on shore, and lodged in prison, -while many of the slaves--the greater part of them--who were -proclaimed to be liberated, begged to be allowed to proceed with -their masters to New Orleans, but were silenced by threats, and the -captain told that his vessel should be forfeited if he attempted to -carry any of them away. Only four, by hiding themselves, succeeded -in getting off with their masters. The next day a proceeding -took place in relation to what was called "the baggage of the -passengers;" which is thus stated in the affidavits: - - "On Monday following these events, being the 15th day of - November, the attorney-general wrote a letter to Captain Ensor, - informing him that the _passengers_ of the Creole, as he called - the slaves, had applied to him for assistance in obtaining their - baggage which was still on board the brig, and that he should - assist them in getting it on shore. To this letter, Gifford, - the officer in command of the vessel, replied that there was no - baggage on board belonging to the slaves that he was aware of, - as he considered them cargo, and the property of their owners, - and that if they had left any thing on board the brig, it was - the property also of their masters; and besides he could not - land any thing without a permit from the custom house, and an - order from the American consul. The attorney-general immediately - got a permit from the custom-house, but no order from the - American consul, and put an officer of the customs on board the - brig, and demanded the delivery of the baggage of the slaves - aforesaid to be landed in the brig's boat. The master of the - Creole, not feeling himself at liberty to refuse, permitted the - officer with his men to come on board and take such baggage and - property as they chose to consider as belonging to the slaves. - They went into the hold of the vessel, and took all the wearing - apparel, blankets, and other articles, as also one bale of - blankets, belonging to Mr. Lockett, which had not been opened. - These things were put on board of the boat of the officer of the - customs, and carried on shore." - -The officers of the American brig earnestly demanded that the -mutineers should be left with them to be carried into a port of the -United States to be tried for their mutiny and murder; but this -demand was positively refused--the attorney-general saying that they -would take the orders of the British government as to the place. -This was tantamount to an acquittal, and even justification of all -they had done, as according to the British judicial decisions a -slave has a right to kill his master to obtain his freedom. This -outrage (the forcible liberation of the slaves, refusal to permit -the mutineers to be brought to their own country for trial, and the -abstraction of articles from the brig belonging to the captain and -crew), produced much exasperation in the slave States. Coming so -soon after four others of kindred character, and while the outrage -on the Caroline was still unatoned for, it bespoke a contempt for -the United States which was galling to the feelings of many besides -the inhabitants of the States immediately interested. It was a -subject for the attention both of the Executive government and the -Congress; and accordingly received the notice of both. Early in the -session of '41-'42, Mr. Calhoun submitted a call in the Senate, in -which the President was requested to give information of what he had -heard of the outrage, and what steps he had taken to obtain redress. -He answered through the Secretary of State (Mr. Webster), showing -that all the facts had been regularly communicated, and that he (the -Secretary) had received instructions to draw up a despatch on the -subject to the American minister in London (Mr. Edward Everett); -which would be done without unnecessary delay. On receiving this -message, Mr. Calhoun moved to refer it to the Committee on Foreign -Relations--prefacing his motion with some remarks, and premising -that the Secretary had answered well as to the facts of the case. - - "As to the remaining portion of the resolution, that which asked - for information as to what steps had been taken to bring the - guilty in this bloody transaction to justice, and to redress - the wrong done to our citizens, and the indignity offered to - our flag, he regretted to say, the report of the Secretary is - very unsatisfactory. He, Mr. C., had supposed, in a case of - such gross outrage, that prompt measures for redress would have - been adopted. He had not doubted, but that a vessel had been - despatched, or some early opportunity seized for transmitting - directions to our minister at the court of St. James, to demand - that the criminals should be delivered to our government for - trial; more especially, as they were detained with the view of - abiding the decision of the government at home. But in all this - he had been in a mistake. Not a step has been yet taken--no - demand made for the surrender of the murderers, though the - Executive must have been in full possession of the facts for - more than a month. The only reply is, that he (the Secretary) - had received the orders of the President to prepare a despatch - for our minister in London, which would be 'prepared without - unnecessary delay.' He (Mr. Calhoun) spoke not in the spirit of - censure; he had no wish to find fault; but he thought it due to - the country, and more especially, of the portion that has so - profound an interest in this subject, that he should fearlessly - state the facts as they existed. He believed our right to demand - the surrender of the murderers clear, beyond doubt, and that, - if the case was fairly stated, the British government would be - compelled, from a sense of justice, to yield to our demand; and - hence his deep regret that there should have been such long - delay in making any demand. The apparent indifference which it - indicates on the part of the government, and the want of our - views on the subject, it is to be feared, would prompt to an - opposite decision, before any despatch can now be received by - our minister. - - "He repeated that the case was clear. He knew that an effort - had been made, and he regretted to say, even in the South, and - through a newspaper in this District, but a morning or two - since, to confound the case with the ordinary one of a criminal - fleeing from the country where the crime was perpetrated, to - another. He admitted that it is a doubtful question whether, - by the laws of nations, in such a case, the nation to which he - fled, was bound to surrender him on the demand of the one where - the crime was committed. But that was not this case, nor was - there any analogy between them. This was mutiny and murder, - committed on the ocean, on board of one of our vessels, sailing - from one port to another on our own coast, in a regular voyage, - committed by slaves, who constituted a part of the cargo, and - forcing the officers and crew to steer the vessel into a port - of a friendly power. Now there was nothing more clear, than - that, according to the laws of nations, a vessel on the ocean - is regarded as a portion of the territory of the State to - which she belongs, and more emphatically so, if possible, in a - coasting voyage; and that if forced into a friendly port by an - unavoidable necessity, she loses none of the rights that belong - to her on the ocean. Contrary to these admitted principles, the - British authorities entered on board of the Creole, took the - criminals under their own jurisdiction, and that after they had - ascertained them to be guilty of mutiny and murder, instead - (as they ought to have done) of aiding the officers and crew - in confining them, to be conveyed to one of our ports, where - they would be amenable to our laws. The outrage would not have - been greater, nor more clearly contrary to the laws of nations, - if, instead of taking them from the Creole, they had entered - our territory, and forcibly taken them from one of our jails; - and such, he could scarcely doubt, would be the decision of - the British government itself, if the facts and reasons of the - case be fairly presented before its decision is made. It would - be clearly the course she would have adopted had the mutiny - and murder been perpetrated by a portion of the crew, and it - can scarcely be that she will regard it less criminal, or less - imperiously her duty, to surrender the criminals, because the - act was perpetrated by slaves. If so, it is time we should know - it." - -The Secretary soon had his despatch ready and as soon as it was -ready, it was called for at the instance of a friend of the -Secretary, communicated to the Senate and published for general -information, clearly to counteract the impressions which Mr. -Calhoun's remarks had made. It gave great satisfaction in its mode -of treating the subject, and in the intent it declared to demand -redress: - - "The British government cannot but see that this case, as - presented in these papers, is one calling loudly for redress. - The 'Creole' was passing from one port of the United States - to another, in a voyage perfectly lawful, with merchandise - on board, and also with slaves, or persons bound to service, - natives of America, and belonging to American citizens, and - which are recognized as property by the constitution of the - United States in those States in which slavery exists. In the - course of the voyage some of the slaves rose upon the master and - crew, subdued them, murdered one man, and caused the vessel to - be carried into Nassau. The vessel was thus taken to a British - port, not voluntarily, by those who had the lawful authority - over her, but forcibly and violently, against the master's will, - and with the consent of nobody but the mutineers and murderers: - for there is no evidence that these outrages were committed with - the concurrence of any of the slaves, except those actually - engaged in them. Under these circumstances, it would seem to - have been the plain and obvious duty of the authorities at - Nassau, the port of a friendly power, to assist the American - consul in putting an end to the captivity of the master and - crew, restoring to them the control of the vessel, and enabling - them to resume their voyage, and to take the mutineers and - murderers to their own country to answer for their crimes - before the proper tribunal. One cannot conceive how any other - course could justly be adopted, or how the duties imposed by - that part of the code regulating the intercourse of friendly - states, which is generally called the comity of nations, could - otherwise be fulfilled. Here was no violation of British law - attempted or intended on the part of the master of the 'Creole,' - nor any infringement of the principles of the law of nations. - The vessel was lawfully engaged in passing from port to port, - in the United States. By violence and crime she was carried, - against the master's will, out of her course, into the port - of a friendly power. All was the result of force. Certainly, - ordinary comity and hospitality entitled him to such assistance - from the authorities of the place as should enable him to resume - and prosecute his voyage and bring the offenders to justice. - But, instead of this, if the facts be as represented in these - papers, not only did the authorities give no aid for any such - purpose, but they did actually interfere to set free the slaves, - and to enable them to disperse themselves beyond the reach of - the master of the vessel or their owners. A proceeding like this - cannot but cause deep feeling in the United States." - -Mr. Calhoun was so well satisfied with this despatch that, as soon -as it was read, he stood up, and said: - - "The letter which had been read was drawn up with great ability, - and covered the ground which had been assumed on this subject - by all parties in the Senate. He hoped that it would have a - beneficial effect, not only upon the United States, but Great - Britain. Coming from the quarter it did, this document would do - more good than in coming from any other quarter." - -This was well said of the letter, but there was a paragraph in it -which damped the expectations of some senators--a paragraph which -referred to the known intention to send out a special minister (Lord -Ashburton) to negotiate a general settlement of differences with -Great Britain--and which expressed a wish that this special minister -should be clothed with power to settle this case of the Creole. That -looked like deferring it to a general settlement, which, in the -opinion of some, was tantamount to giving it up. - - - - -CHAPTER XCIX. - -DISTRESS OF THE TREASURY: THREE TARIFF BILLS, AND TWO VETOES: -END OF THE COMPROMISE ACT. - - -Never were the coffers and the credit of the Treasury--not even -in the last year of the war with Great Britain (1814)--at a lower -ebb, or more pitiable point, than at present. A deficit of fourteen -millions in the Treasury--a total inability to borrow, either at -home or abroad, the amount of the loan of twelve millions authorized -the year before--treasury-notes below par--a million and a half of -protested demands--a revenue from imports inadequate and decreasing: -such was the condition of the Treasury, and all the result of three -measures forced upon the previous administration by the united power -of the opposition, and the aid of temporizing friends, too prone -to take alarm in transient difficulties, and too ready to join -the schemes of the opposition for temporary relief, though more -injurious than the evils they were intended to remedy. These three -measures were: 1. Compromise act of 1833. 2. The distribution of -surplus revenue in 1837. 3. The surrender of the land revenue to the -States. The compromise act, by its slow and imperceptible reductions -of revenue during its first seven years, created a large surplus: by -its abrupt and precipitous falling off the last two, made a deficit. -The distribution of this surplus, to the amount of near thirty -millions, took away the sum which would have met this deficiency. -And the surrender of the land revenue diverted from its course the -second largest stream of revenue that came into the Treasury: and -the effect of the whole was to leave it without money and without -credit: and with a deficit which was ostentatiously styled, "_the -debt of the late administration_." Personally considered, there -was retributive justice in this calamitous visitation. So far as -individuals were concerned it fell upon those who had created it. -Mr. Tyler had been the zealous promoter of all these measures: the -whig party, whose ranks he had joined, had been their author: some -obliging democrats were the auxiliaries, without which they could -not have been carried. The administration of President Tyler now -needed the money: his former whig friends had the power to grant, or -withhold it: and they chose, either to withhold, or to grant upon -terms which Mr. Tyler repulsed. They gave him two tariff revenue -bills in a month, which he returned with vetoes, and had to look -chiefly to that democracy whom he had left to join the whigs (and of -whom he had become the zealous opponent), for the means of keeping -his administration alive. - -A bill called a "_provisional tariff_" was first sent to him: he -returned it with the objections which made it impossible for him to -approve it: and of which these objections were the chief: - - "It suspends, in other words, abrogates for the time, the - provision of the act of 1833, commonly called the 'compromise - act.' The only ground on which this departure from the solemn - adjustment of a great and agitating question seems to have - been regarded as expedient is, the alleged necessity of - establishing, by legislative enactments, rules and regulations - for assessing the duties to be levied on imports, after the - 30th June, according to the home valuation; and yet the bill - expressly provides that 'if before the 1st of August there be no - further legislation upon the subject, the laws for laying and - collecting duties shall be the same as though this act had not - been passed.' In other words, that the act of 1833, imperfect as - it is considered, shall in that case continue to be, and to be - executed under such rules and regulations as previous statutes - had prescribed, or had enabled the executive department to - prescribe for that purpose, leaving the supposed chasm in the - revenue laws just as it was before. - - "The bill assumes that a distribution of the proceeds of the - public lands is, by existing laws, to be made on the first day - of July, 1842, notwithstanding there has been an imposition of - duties on imports exceeding twenty per cent. up to that day, - and directs it to be made on the 1st of August next. It seems - to me very clear that this conclusion is equally erroneous and - dangerous; as it would divert from the Treasury a fund sacredly - pledged for the general purposes of the government, in the event - of a rate of duty above twenty per cent. being found necessary - for an economical administration of the government. The act of - September last, which provides for the distribution, couples it - inseparably with the condition that it shall cease--first, in - case of war; second, as soon and so long as the rate of duties - shall, for any reason whatever, be raised above twenty per cent. - Nothing can be more clear, express, or imperative, than this - language. It is in vain to allege that a deficit in the Treasury - was known to exist, and that means were taken to supply this - deficit by loan when the act was passed." - -These reasons show the vice and folly of the acts which a pride of -consistency still made him adhere to. That compromise act of 1833 -assumed to fix the tariff to eternity, _first_, by making existing -duties decline through nine years to a uniform ad valorem of twenty -per centum on all dutied articles; _next_, by fixing it there for -ever, giving Congress leave to work under it on articles then -free; but never to go above it: and the mutual assurance entered -into between this act and the land distribution act of the extra -session, was intended to make sure of both objects--the perpetual -twenty per centum, and the land distribution. One hardly knows which -to admire most, the arrogance, or the folly, of such presumptuous -legislation: and to add to its complication there was a clear -division of opinion whether any duty at all, for want of a law -appointing appraisers, could be collected after the 30th of June. -Between the impracticability, and the unintelligibility of the acts, -and his consistency, he having sanctioned all these complicated and -dependent measures, it was clear that Mr. Tyler's administration was -in a deplorable condition. The low credit of the government, in the -impossibility of getting a small loan, was thus depicted: - - "Who at the time foresaw or imagined the possibility of the - present real state of things, when a nation that has paid off - her whole debt since the last peace, while all the other great - powers have been increasing theirs, and whose resources already - so great, are yet but in the infancy of their development, - should be compelled to haggle in the money market for a paltry - sum, not equal to one year's revenue upon her economical system." - -Not able to borrow, even in time of peace, a few millions for three -years! This was in the the time of paper money. Since gold became -the federal currency, any amount, and in time of war, has been at -the call of the government; and its credit so high, and its stock -so much above par, that twenty per centum premium is now paid for -the privilege of paying, before they are due, the amounts borrowed -during the Mexican war: - - "This connection (the mutual assurance between the compromise - act and the land distribution) thus meant to be inseparable, - is severed by the bill presented to me. The bill violates - the principle of the acts of 1833, and September, 1841, by - suspending the first, and rendering, for a time, the last - inoperative. Duties above twenty per cent. are proposed to - be levied, and yet the _proviso_ in the distribution act is - disregarded. The proceeds of the sales are to be distributed - on the 1st of August; so that, while the duties proposed - to be enacted exceed twenty per cent. no suspension of the - distribution to the States is permitted to take place. To - abandon the principle for a month is to open the way for its - total abandonment. If such is not meant, why postpone at - all? Why not let the distribution take place on the 1st of - July, if the law so directs? (which, however, is regarded as - questionable.) But why not have limited the provision to that - effect? Is it for the accommodation of the Treasury? I see no - reason to believe that the Treasury will be in better condition - to meet the payment on the 1st of August, than on the 1st of - July." - -Here Mr. Tyler was right in endeavoring to get back, even -temporarily, the land revenue; but slight as was this relaxation -of their policy, it brought upon him keen reproaches from his old -friends. Mr. Fillmore said: - - "On what principle was this veto based? The President could not - consent that the distribution of the proceeds of the public - lands should cease for a single day. Now, although that was the - profession, yet it appeared to have been but a pretence. Mr. F. - wished to speak with all respect to the chief magistrate, but of - his message he must speak with plainness. What was the law which - that message vetoed? It authorized the collection of duties - for a single month as they were levied on the first of January - last, to allow time for the consideration of a permanent revenue - for the country; it postponed the distribution of the proceeds - of the public lands till the month should expire, and Congress - could provide the necessary supplies for the exhausted Treasury. - But what would be the effect of the veto now on the table? Did - it prevent the distribution? By no means; it reduced the duties, - in effect, to twenty per cent., and authorized the distribution - of the land fund among the States; and that distribution would, - in fact, take place the day after to-morrow. That would be the - practical operation of this paper. When Congress had postponed - the distribution for a month, did it not appear like pretence - in the chief magistrate to say that he was forced to veto the - bill from Congress, to prevent the distribution, which his - veto, and that alone, would cause to take place? Congress had - been willing to prevent the distribution, but the President, by - one and the same blow, cut down the revenue at a moment when - his Secretary could scarce obtain a loan on any terms, and in - addition to this distributed the income from the public domain! - In two days the distribution must take place. Mr. F. said he - was not at all surprised at the joy with which the veto had - been hailed on the other side of the house, or at the joyful - countenances which were arrayed there; probably this act was - but the consummation of a treaty which had been long understood - as in process of negotiation. If this was the ratification of - such treaty, Mr. F. gave gentlemen much joy on the happy event. - He should shed no tears that the administration had passed into - its appropriate place. This, however, was a matter he should - not discuss now; he should desire the message might be laid on - the table till to-morrow and be printed. Mr. F. said he was - free to confess that we were now in a crisis which would shake - this Union to its centre. Time would determine who would yield - and who was right; whether the President would or would not - allow the representatives of the people to provide a revenue in - the way they might think best for the country, provided they - were guilty of no violation of the constitution. The President - had now told them, in substance, that he had taken the power - into his own hands; and although the highest financial officer - of the government declared it as his opinion, that it was - doubtful whether the duties could be collected which Congress - had provided by law, the President told the House that any - further law was unnecessary; that he had power enough in his own - hands, and he should use it; that he had authorized the revenue - officers to do all that was necessary. This then would be in - fact the question before the country: whether Congress should - legislate for the people of this country or the Executive?" - -Mr. Alexander H. H. Stuart, of Virginia, took issue with the -President on the character of the land distribution bill, and -averred it to have been an intended part of the compromise from the -beginning. He said: - - "That the President has rested his veto upon the grounds - of expediency alone, and not upon any conscientious or - constitutional scruples. He withholds his assent because of - its supposed conflict with the compromise act of 1833. I take - issue with the President in regard to this matter of fact, - and maintain that there is no such conflict. The President's - particular point of objection to the temporary tariff bill is - that it contemplates a prospective distribution of the land - proceeds. Now, conceding that the President has put a correct - construction on our bill, I aver that it is no violation of the - compromise act to withdraw the land proceeds from the ordinary - purposes of the government, and distribute them among the - States. On the contrary, I maintain that that act distinctly - contemplates the distribution of the land proceeds, that the - _distribution was one of the essential elements of the - compromise_, and that the _failure to distribute_ the land fund - now _would of itself be a violation of the_ true understanding - of those who adopted the _compromise_, and a palpable fraud upon - the rights of one of the parties to it." - -Mr. Caruthers, of Tennessee, was still more pointed to the -same effect, referring to Mr. Tyler's conduct in the Virginia -General Assembly to show that he was in favor of the land revenue -distribution, and considered its cessation as a breach of the -compromise. He referred to his, - - "Oft-quoted resolutions in the legislature of Virginia, in - 1839, urging the distribution, and conveying the whole proceeds - of the lands, not only ceded but acquired by purchase and by - treaty. Mr. C. also referred to the adroit manner in which Mr. - Tyler had at that time met the charge of his opponents (that he - desired to violate the compromise act) by the introduction of - the well known proviso, that the General Assembly did not mean - to infringe or disturb the provisions of the compromise act." - -The vote was taken upon the returned bill, as required by the -constitution; and falling far short of the required two-thirds, -it was rejected. But the exigencies of the Treasury were so great -that a further effort to pass a revenue bill was indispensable; -and one was accordingly immediately introduced into the House. It -differed but little from the first one, and nothing on the land -revenue distribution clause, which it retained in full. That clause -had been the main cause of the first veto: it was a challenge for a -second! and under circumstances which carried embarrassment to the -President either way. He had been from the beginning of the policy, -a supporter of the distribution; and at the extra session had -solemnly recommended it in his regular message. On the other hand, -he had just disapproved it in his message returning the tariff bill. -He adhered to this latter view; and said: - - "On the subject of distributing the proceeds of the sales of - the public lands, in the existing state of the finances, it has - been my duty to make known my settled convictions on various - occasions during the present session of Congress. At the opening - of the extra session, upwards of twelve mouths ago, sharing - fully in the general hope of returning prosperity and credit, - I recommended such a distribution; but that recommendation was - even then expressly coupled with the condition that the duties - on imports should not exceed the rate of twenty per cent, - provided by the compromise act of 1833. The bill which is now - before me proposes, in its 27th section, the total repeal of one - of the provisos in the act of September; and, while it increases - the duties above twenty per cent., directs an unconditional - distribution of the land proceeds. I am therefore subjected a - second time, in the period of a few days, to the necessity of - either giving my approval to a measure which, in my deliberate - judgment, is in conflict with great public interests; or of - returning it to the House in which it originated, with my - objections. With all my anxiety for the passage of a law which - would replenish an exhausted Treasury, and furnish a sound and - healthy encouragement to mechanical industry, I cannot consent - to do so at the sacrifice of the peace and harmony of the - country, and the clearest convictions of public duty." - -The reasons were good, and ought to have prevented Congress from -retaining the clause; but party spirit was predominant, and in each -House the motion to strike out the clause had been determined by -a strict party vote. An unusual course was taken with this second -veto message: it was referred to a select committee of thirteen -members, on the motion of Mr. Adams; and from that committee -emanated three reports upon it--one against it, and two for it; the -committee dividing politically in making them. The report against -it was signed by ten members; the other two by the remaining three -members; but they divided, so as to present two signatures to one -report, and a single one to the other. Mr. Adams, as the chairman, -was the writer of the majority report, and made out a strong case -against Mr. Tyler personally, but no case at all in favor of the -distribution clause. The report said: - - "Who could imagine that, after this most emphatic _coupling_ - of the revenue from duties of impost, with revenue from the - proceeds of the sales of the public lands, the first and - paramount objection of the President to this bill should be, - that it unites two subjects which, so far from having any - affinity to one another, are wholly incongruous in their - character; which two subjects are identically the same with - those which _he_ had coupled together in his recommendation - to Congress at the extra session? If there was no affinity - between the parties, why did he join them together? If the - union was illegitimate, who was the administering priest of - the unhallowed rites? It is objected to this bill, that it is - both a revenue and an appropriation bill? What then? Is not the - act of September 4, 1841, approved and signed by the President - himself, both a revenue and an appropriation bill? Does it not - enact that, in the event of an insufficiency of impost duties, - not exceeding twenty per centum ad valorem, to defray the - current expenses of the government, the proceeds of the sales - of the lands shall be levied as part of the same revenue, and - appropriated to the same purposes?" - -The report concluded with a strong denunciation of, what it -considered, an abuse of the veto power, and a contradiction of the -President's official recommendation and conduct: - - "The power of the present Congress to enact laws essential to - the welfare of the people has been struck with apoplexy by the - Executive hand. Submission to his will, is the only condition - upon which he will permit them to act. For the enactment of - a measure earnestly recommended by himself, he forbids their - action, unless _coupled_ with a _condition_ declared by himself - to be on a subject so totally different, that he will not - suffer them to be coupled in the same law. With that condition, - Congress cannot comply. In this state of things, he has assumed, - as the committee fully believe, the exercise of the whole - legislative power to himself, and is levying millions of money - upon the people, without any authority of law. But the final - decision of this question depends neither upon legislative - nor executive, but upon judicial authority; nor can the final - decision of the Supreme Court upon it be pronounced before the - close of the present Congress." - -The returned bill being put to the vote, was found to lack as much -as the first of the two-thirds majority, and was rejected. But -revenue was indispensable. Daily demands upon the government were -undergoing protest. The President in his last message had given in -$1,400,000 of such dishonored demands. The existing revenue from -imports, deficient as it was, was subjected to a new embarrassment, -that of questioned legality for want of a law of appraisement under -the compromise, and merchants paid their duties under protest, and -with notices of action against the collector to recover them back. -It was now near the end of August. Congress had been in session -nine months--an unprecedentedly long session, and that following -immediately on the heels of an extra session of three months and -a half. Adjournment could not be deferred, and could not take -place without providing for the Treasury. The compromise and the -land distribution were the stumbling-blocks: it was determined -to sacrifice them together, but without seeming to do so. A -contrivance was fallen upon: duties were raised above twenty per -centum: and that breach of the mutual assurance in relation to the -compromise, immediately in terms of the assurance, suspended the -land revenue distribution--to continue it suspended while duties -above the compromise limit continued to be levied. And as that -has been the case ever since, the distribution of the revenue has -been suspended ever since. Such were the contrivances, ridiculous -inventions, and absurd circumlocutions which Congress had recourse -to to get rid of that land distribution which was to gain popularity -for its authors; and to get rid of that compromise which was -celebrated at the time as having saved the Union, and the breach of -which was deprecated in numerous legislative resolves as the end of -the Union, and which all the while was nothing but an arrogant piece -of monstrosity, patched up between two aspiring politicians, to get -rid of a stumbling-block in each other's paths for the period of two -presidential elections. In other respects one of the worst features -of that personal and pestiferous legislation has remained--the -universal ad valorems--involving its army of appraisers, their -diversity of appraisement from all the imperfections to which the -human mind is subject--to say nothing of the chances for ignorance, -indifference, negligence, favoritism, bribery and corruption. The -act was approved the 30th day of August; and Congress forthwith -adjourned. - - - - -CHAPTER C. - -MR. TYLER AND THE WHIG PARTY: CONFIRMED SEPARATION. - - -At the close of the extra session, a vigorous effort was made to -detach the whig party from Mr. Clay. Mr. Webster in his published -letter, in justification of his course in remaining in the cabinet -when his colleagues left it, gave as a reason the expected unity -of the party under a new administration. "A whig president, a -whig Congress, and a whig people," was the vision that dazzled -and seduced him. Mr. Cushing published his address, convoking -the whigs to the support of Mr. Tyler. Mr. Clay was stigmatized -as a dictator, setting himself up against the real President. -Inducements as well as arguments were addressed to the whig ranks -to obtain recruits: all that came received high reward. The arrival -of the regular session was to show the fruit of these efforts, and -whether the whig party was to become a unity under Mr. Tyler, Mr. -Webster, and Mr. Cushing, or to remain embodied under Mr. Clay. It -remained so embodied. Only a few, and they chiefly who had served an -apprenticeship to party mutation in previous changes, were seen to -join him: the body of the party remained firm, and militant--angry -and armed; and giving to President Tyler incessant proofs of their -resentment. His legislative recommendations were thwarted, as most -of them deserved to be: his name was habitually vituperated or -ridiculed. Even reports of committees, and legislative votes, went -the length of grave censure and sharp rebuke. The select committee -of thirteen, to whom the consideration of the second tariff, in -a report signed by nine of its members, Mr. Adams at their head, -suggested impeachment as due to him: - - "The majority of the committee believe that the case has - occurred, in the annals of our Union, contemplated by the - founders of the constitution by the grant to the House of - Representatives of the power to impeach the President of the - United States; but they are aware that the resort to that - expedient might, in the present condition of public affairs, - prove abortive. They see that the irreconcilable difference of - opinion and of action between the legislative and executive - departments of the government is but sympathetic with the same - discordant views and feelings among the people." - -A rebuking resolve, and of a retributive nature, was adopted by the -House. It has been related (Vol. I.) that when President Jackson -sent to the Senate a protest against the senatorial condemnation -pronounced upon him in 1835, the Senate refused to receive it, and -adopted resolutions declaring the protest to be a breach of the -privileges of the body in interfering with the discharge of their -duties. The resolves so adopted were untrue, and the reverse of the -truth--the whole point of the protest being that the condemnation -was extra-judicial and void, coming under no division of power -which belonged to the Senate: not legislative, for it proposed -no act of legislation: not executive, for it applied to no treaty -or nomination: not judicial, for it was founded in no articles of -impeachment from the House, and without forming the Senate into -a court of impeachment. The protest considered the condemnatory -sentence, and justly, as the act of a town meeting, done in the -Senate-chamber, and by senators; but of no higher character than if -done by the same number of citizens in a voluntary town meeting. -This was the point, and whole complaint of the protest; but the -Senate, avoiding to meet it in that form, put a different face -upon it, as an interference with the constitutional action of -the Senate, attacking its independence; and, therefore, a breach -of its privileges. Irritated by the conduct of the House in its -reports upon his tariff-veto messages, Mr. Tyler sent in a protest -also, as President Jackson had done, but without attending to the -difference of the cases, and that, in its action upon the veto -messages, the House was clearly acting within its sphere--within -its constitutional legislative capacity; and, consequently, however -disagreeable to him this action might be, it was still legislative -and constitutional, and such as the House had a legal _right_ to -adopt, whether just or unjust. Overlooking this difference, Mr. -Tyler sent in his protest also: but the House took the distinction; -and applied legitimately to the conduct of Mr. Tyler what had been -illegally applied to General Jackson, with the aggravation of -turning against himself his own votes on that occasion--Mr. Tyler -being one of the senators who voted in favor of the three resolves -against President Jackson's protest. When this protest of Mr. Tyler -was read in the House, Mr. Adams stood up, and said: - - "There seemed to be an expectation on the part of some gentlemen - that he should propose to the House some measure suitable to be - adopted on the present occasion. Mr. A. knew of no reason for - such an expectation, but the fact that he had been the mover of - the resolution for the appointment of the committee which had - made the report referred to in the message; had been appointed - by the Speaker, chairman of the committee; and that the report - against which the President of the United States had sent to - the House such a multitude of protests, was written by him. So - far as it had been so written, Mr. A. held himself responsible - to the House, to the country, to the world, and to posterity; - and, so far as he was the author of the report, he held himself - responsible to the President also. The President should hear - from him elsewhere than here on that subject. Mr. A. went on - to say that it was because the report had been adopted by the - House, and not because it had been written by him, that the - President had sent such a bundle of protests; and therefore Mr. - A. felt no necessity or obligation upon himself to propose what - measures the House ought to adopt for the vindication of its own - dignity and honor; and perhaps, from considerations of delicacy, - he was indeed the very last man in the House who should propose - any measure, under the circumstances." - -Mr. Botts, of Virginia, a member of the committee which had made the -report, after some introductory remarks, went on to say: - - "In 1834 the Senate had adopted certain resolutions, condemning - the course of President Jackson in the removal of the deposits - from the Bank of the United States to the State banks. In - consequence of this movement on the part of the Senate, - President Jackson sent to that body a _protest_ against the - right of the Senate to express any opinion censuring his public - course; and, what made the case then stronger than the present - case, was, that the Senate constituted the jury by whom he was - to be tried, should any impeachment be brought against him. - The Senate, after a long, elaborate discussion of the whole - matter, and the most eloquent and overpowering torrent of debate - that ever was listened to in this country, adopted the three - following resolutions: - - '1. _Resolved_, That, while the Senate is, and ever will be, - ready to receive from the President all such messages and - communications as the constitution and laws, and the usual - course of business, authorize him to transmit to it; yet it - cannot recognize any right in him to make a formal protest - against votes and proceedings of the Senate, declaring such - votes and proceedings to be illegal and unconstitutional, and - requesting the Senate to enter such protests on its journal.' - - "On this resolution the yeas and nays were taken; and it was - adopted, by a vote of 27 to 16: and, among the recorded votes in - its favor, stood the names of John Tyler, now acting President - of the United States, and Daniel Webster, now his prime minister. - - "The second resolution was as follows: - - '2. _Resolved_, That the aforesaid protest is a breach of the - privileges of the Senate, and that it be not entered on the - journal.' - - "The same vote, numerically, was given in favor of this - resolution; and among the yeas stood the names of John Tyler, - now acting President of the United States, and of Daniel - Webster, now his prime minister. - - "The third resolutions read as follows: - - - '3. _Resolved_, That the President of the United States has - no right to send a protest to the Senate against any of its - proceedings.' - - "And in sanction of this resolution also, the record shows the - names of the same John Tyler and Daniel Webster." - -Mr. Botts forbore to make any remarks of his own in support of -the adoption of these resolutions, but read copious extracts from -the speech of Mr. Webster in support of the same resolutions when -offered in the Senate; and, adopting them as his own, called for the -previous question; which call was sustained; and the main question -being put, and the vote taken on the resolutions separately, they -were all carried by large majorities. The yeas and nays on the first -resolve, were: - - "YEAS--Messrs. Adams, Landaff W. Andrews, Arnold, Babcock, - Barnard, Birdseye, Blair, Boardman, Borden, Botts, Brockway, - Jeremiah Brown, Calhoun, William B. Campbell, Thomas J. - Campbell, Caruthers, Chittenden, John C. Clark, Cowen, Garrett - Davis, John Edwards, Everett, Fillmore, Gamble, Gentry, Graham, - Granger, Green, Habersham, Hall, Halsted, Howard, Hudson, - Joseph R. Ingersoll, Isaac D. Jones, John P. Kennedy, King, - Linn, McKennan, S. Mason, Mathiot, Mattocks, Maxwell, Maynard, - Mitchell, Moore, Morrow, Osborne, Owsley, Pope, Powell, Ramsey, - Benj. Randall, A. Randall, Randolph, Rayner, Ridgway, Rodney, - William Russell, James M. Russell, Saltonstall, Shepperd, - Simonton, Slade, Truman Smith, Sprigg, Stanly, Stratton, - Summers, Taliaferro, John B. Thompson, Richard W. Thompson, - Tillinghast, Toland, Tomlinson, Triplett, Trumbull, Underwood, - Van Rensselaer, Wallace, Warren, Washington, Thomas W. Williams, - Joseph L. Williams, Yorke, and Augustus Young--87. - - "NAYS--Messrs. Arrington, Atherton, Black, Boyd, Aaron V. Brown, - Burke, Wm. O. Butler, P. C. Caldwell, Casey, Coles, Cross, - Cushing, Richard D. Davis, Dawson, Gordon, Harris, Hastings, - Hays, Hopkins, Hubbard, William W. Irwin, Cave Johnson, John - W. Jones, Abraham McClellan, Mallory, Medill, Newhard, Oliver, - Parmenter, Payne, Proffit, Read, Reding, Reynolds, Riggs, - Rogers, Shaw, Shields, Steenrod, Jacob Thompson, Van Buren, - Ward, Weller, James W. Williams, Wise, and Wood--46." - -The other two resolves were adopted by, substantially, the same -vote--the whole body of the whigs voting for the adoption. And -this may be considered, so far as Congress was concerned, as the -authoritative answer to that idea of whig unity which had induced -Mr. Webster to remain in the cabinet. General Jackson was then -alive, and it must have looked to him like retributive justice to -see two of those (Mr. Tyler and Mr. Webster) who had voted his -protest to be a breach of privilege, when it was not, now receiving -the same vote from their own party; and that in a case where the -breach of privilege was real. - - - - -CHAPTER CI. - -LORD ASHBURTON'S MISSION, AND THE BRITISH TREATY. - - -Sixty years had elapsed since the treaty of peace between the United -States and Great Britain which terminated the war of the revolution, -and established the boundaries between the revolted colonies, now -independent States, and the remaining British possessions in North -America. A part of these boundaries, agreed upon in the treaty of -peace, remained without acknowledgment and without sanction on the -part of the British government: it was the part that divided the -(now) State of Maine from Lower Canada, and was fixed by the words -of the treaty, "_along the highlands which divide the waters which -empty themselves into the river St. Lawrence from those which fall -into the Atlantic Ocean_." Nothing could be more simple, or of more -easy ascertainment than this line. Any man that knew his right hand -from his left, and who could follow a ridge, and not get off of it -to cross any water flowing to the right or the left, could trace -the boundary, and establish it in the very words of the treaty. In -fact there was no tangible dispute about it. The British government -had agreed to it under a misapprehension as to the course of these -highlands; and as soon as their true course was found out, that -government refused to carry that part of the treaty into effect, -and for a reason which was very frankly told, _after the treaty of -1842_, by a British civil engineer who had been employed by his -government to search out the course of the boundary along those -highlands. He said: - - "The treaty of 1783 proposed to establish the boundary between - the two countries along certain highlands. The Americans claimed - these highlands to run in a northeasterly direction from the - head of the Connecticut River, in a course which would have - brought the boundary within the distance of twenty miles from - the river St. Lawrence, and which, besides cutting off the - posts and military routes leading from the province of New - Brunswick to Quebec, would have given them various military - positions to command and overawe that river and the fortress of - Quebec." - -This was the objection to the highland boundary. It brought the -United States frontier within twenty miles of Quebec, and went one -degree and a half north of Quebec! skirting and overlooking Lower -Canada all the way, and cutting off all communication between that -inland province and the two Atlantic provinces of Nova Scotia and -New Brunswick, and between Quebec and Halifax. It was a boundary -which commanded the capital of British North America, and which -flanked and dominated the principal British province for one hundred -and fifty miles. Military considerations rendered such a boundary -just as repugnant to the British as the same considerations rendered -it acceptable to us; and from the moment it was seen that the -State of Maine was projected far north of Quebec and brought up -to the long line of heights which looked down upon that capital, -the resolution was not to abide that boundary. Negotiation began -immediately, and continued, without fruit, for thirty years. -That brought the parties to the Ghent Treaty, at the end of the -war of 1812, where all attempts to settle the boundary ended in -making provision for referring the question to the arbitrament of -a friendly sovereign. This was done, the king of the Netherlands -being agreed upon as the arbiter. He accepted the trust--executed -it--and made an award nearly satisfactory to the British government -because it cut off a part of the northern projection of Maine, and -so admitted a communication, although circuitous, between Halifax -and Quebec; but still leaving the highland boundary opposite that -capital. The United States rejected the award because it gave up a -part of the boundary of 1783; and thus the question remained for -near thirty years longer--until the treaty of 1842--Great Britain -demanding the execution of the award--the United States refusing -it. And thus the question stood when the special mission arrived -in the United States. That mission was well constituted for its -purposes. Lord Ashburton, as Mr. Alexander Baring, and head of the -great banking house of Baring and Brothers, had been known for more -than a generation for his friendly sentiments towards the United -States, and business connection with the people and the government; -and was, besides, married to an American lady. The affability of his -manners was a further help to his mission, the whole of which was so -composed (Mr. Mildmay, Mr. Bruce and Mr. Stepping, all gentlemen of -mind, tact, and pleasing deportment) as to be real auxiliaries in -accomplishing the object of his mission. It was a special mission, -sent to settle questions, and return; and so confined to its -character of special, that Mr. Fox, the resident minister, although -entirely agreeable to the United States and his own government, was -not joined in it. It was the first time the United States had been -so honored by Great Britain, and the mission took the character of -beneficent, in professing to come to settle all questions between -the two governments; but ended in only settling such as suited -Great Britain, and in the way that suited her. At the head of those -questions was the northeastern boundary, which was settled by giving -up the line of 1783, retiring the whole line from the heights which -flanked Lower Canada, cutting off as much of Maine as admitted of -a pretty direct communication between Halifax and Quebec; and thus -granting to Great Britain far more than the award gave her, and with -which she had been content. The treaty also made a new boundary in -the northwest, from Lake Superior to the Lake of the Woods, also -to the prejudice of the United States, retiring the line to the -south, and depriving the United States' fur traders of the great -line of transportation between these two lakes, which the treaty -of 1783 gave to them. The treaty also bound the United States to -pay for Rouse's Point, at the outlet of Lake Champlain, which the -treaty of '83 and the award of the king of the Netherlands gave to -us as a matter of right. It also bound the United States to keep -up a squadron, in conjunction with the British, on the coast of -Africa for the suppression of the slave trade--nominally for five -years, but in reality indefinitely, by the addition of that clause -(so seductive and insidious, and so potent in saddling an onerous -measure permanently upon a people) which is always resorted to when -perpetuity is intended, and cannot be stipulated--the clause which -continues the provision in force, after its limited term, until one -of the parties give notice to the contrary. An extradition clause -was also wanted by Great Britain, and she got it--broad enough to -cover the recapture of her subjects whether innocent or guilty, and -to include political offenders while professing to take only common -felons. These were the points Great Britain wished settled; and she -got them all arranged according to her own wishes: others which -the United States wished settled, were omitted, and indefinitely -adjourned. At the head of these was the boundary beyond the Rocky -Mountains. Oregon was in dispute. The United States wished it -settled: Great Britain wished that question to remain as it was, as -she had the possession, and every day was ripening her title. Oregon -was adjourned. The same of the Caroline, the Schlosser outrage--the -liberation of slaves at Bermuda and Nassau--the refusal to shelter -fugitive slaves in Canada: all were laid over, and for ever. Every -thing that the United States wished settled was left unsettled, -especially Oregon--a question afterwards pregnant with "inevitable -war." Besides obtaining all she wished by treaty, Great Britain -also made a great acquisition by statute law. An act of Congress -was passed to fit the case of McLeod (in future), and to take such -offenders out of the hands of the States. - -Notwithstanding its manifold objections the treaty was so framed -as to secure its ratification, and to command acquiescence in the -United States while crowned with the greatest applause in Great -Britain. Lord Ashburton received the formal thanks of parliament for -his meritorious labors. Ministers and orators united in declaring -that he had accomplished every object that Great Britain desired, -and in the way she desired it--and left undone every thing which -she wished to remain as it was. The northeastern boundary being -altered to suit her, they made a laugh, even in parliament, of the -manner in which they had served us. It had so happened, immediately -after the peace of '83, that the king's geographer made a map -of the United States and the Canadas, to show their respective -boundaries; and on that map the line of '83 was laid down correctly, -along the highlands, overlooking and going beyond Quebec; and -had marked it with a broad red line. He made it for the king, -George the Third, who wrote upon it with his own hand--_This is -Oswald's line._ (Mr. Richard Oswald being the British negotiator -of the provisional treaty of peace of '82 which established that -boundary, and which was adopted in the definitive treaty of peace -in '83.) This map disappeared from its accustomed place about the -time Lord Ashburton's mission was resolved upon, not to be brought -over to America by him to assist in finding the true line, but to -be hid until the negotiation was over. Some member of parliament -hinted at this removal and hiding, during the discussion on the -motion of thanks, with an intimation that he thought British -honor would have been better consulted by showing this map to -the American negotiator: Lord Brougham, the mover of the motion, -amused himself at this conception, and thought it would have been -carrying frankness a little too far, in such a negotiation, for -the British negotiator to have set out with showing, "_that he had -no case_"--"_that he had not a leg to stand on_." His lordship's -speech on the occasion, which was more amusing to himself and the -parliament than it can be to an American, nevertheless deserves -a place in this history of the British treaty of 1842; and, -accordingly, here it is: - - "It does so happen that there was a map published by the King's - geographer in this country in the reign of his Majesty George - III., and here I could appeal to an illustrious Duke whom I - now see, whether that monarch was not as little likely to err - from any fulness of attachment towards America, as any one - of his faithful subjects? [The Duke of _Cambridge_.] Because - he well knows that there was no one thing which his reverend - parent had so much at heart as the separation from America, and - there was nothing he deplored so much as that separation having - taken place. The King's geographer, Mr. Faden, published his - map 1783, which contains, not the British, but the American - line. Why did not my noble friend take over a copy of that map? - My noble friend opposite (Lord Aberdeen) is a candid man; he - is an experienced diplomatist, both abroad and at home; he is - not unlettered, but thoroughly conversant in all the craft of - diplomacy and statesmanship. Why did he conceal this map? We - have a right to complain of that; and I, on the part of America, - complain of that. You ought to have sent out the map of Mr. - Faden, and said, 'this is George the Third's map.' But it never - occurred to my noble friend to do so. Then, two years after Mr. - Faden published that map, another was published, and that took - the British line. This, however, came out after the boundary - had become matter of controversy _post litem motam_. But, at all - events, my noble friend had to contend with the force of the - argument against Mr. Webster, and America had a right to the - benefit of both maps. My noble friend opposite never sent it - over, and nobody ever blamed him for it. But that was not all. - What if there was another map containing the American line, and - never corrected at all by any subsequent chart coming from the - same custody? And what if that map came out of the custody of a - person high in office in this country--nay, what if it came out - of the custody of the highest functionary of all--of George III. - himself? I know that map--I know a map which I can trace to the - custody of George III., and on which there is the American line - and not the English line, and upon which there is a note, that - from the handwriting, as it has been described to me, makes me - think it was the note of George III. himself: 'This is the line - of Mr. Oswald's treaty in 1783,' written three or four times - upon the face of it. Now, suppose this should occur--I do not - say that it has happened--but it may occur to a Secretary of - State for Foreign Affairs,--either to my noble friend or Lord - Palmerston, who, I understand by common report, takes a great - interest in the question; and though he may not altogether - approve of the treaty, he may peradventure envy the success - which attended it, for it was a success which did not attend any - of his own American negotiations. But it is possible that my - noble friend, or Lord Palmerston, may have discovered that there - was this map, because George III.'s library by the munificence - of George IV. was given to the British Museum, and this map must - have been there; but it is a curious circumstance that it is - no longer there. I suppose it must have been taken out of the - British Museum for the purpose of being sent over to my noble - friend in America; and that, according to the new doctrines of - diplomacy, he was bound to have used it when there, in order to - show that he had no case--that he had not a leg to stand upon. - Why did he not take it over with him? Probably he did not know - of its existence. I am told that it is not now in the British - Museum, but that it is in the Foreign Office. Probably it was - known to exist; but somehow or other that map, which entirely - destroys our contention and gives all to the Americans, has - been removed from the British Museum, and is now to be found at - the Foreign Office. Explain it as you will, that is the simple - fact, that this important map was removed from the Museum to the - Office, and not in the time of my noble friend (Lord Aberdeen)." - -Thus did our simplicity, and their own dexterity, or ambi-dexterity, -as the case may be, furnish sport for the British parliament: and -thus, "_without a case_," and, "_without a leg to stand upon_," -was Lord Ashburton an overmatch for our Secretary-negotiator, with -a good case to show, and two good legs to rest on. This map with -its red line, and the King's autographic inscription upon it, was -afterwards shown to Mr. Everett, upon his request, by Lord Aberdeen; -and the fact communicated by him to the Department of State. But the -effect of the altered line was graphically stated at a public dinner -in honor of it by the same gentleman (Mr. Featherstonhaugh), whose -view of the old boundary has already been given. - - "Now, gentlemen, if you will divert your attention for a moment - from the conflicting statements you may have read in regard to - the merits of the compromise which has been made, I will explain - them to you in a few words. The American claim, instead of - being maintained, has been altogether withdrawn and abandoned; - the territory has been divided into equal moieties, as nearly - as possible; we have retained that moiety which secures to us - every object that was essential to the welfare of our colonies; - all our communications, military and civil, are for ever placed - beyond hostile reach; and all the military positions on the - highlands claimed by America are, without exception, secured for - ever to Great Britain." - -So spoke a person who had searched the country under the orders of -the British government--who knew what he said--and who says there -was a compromise, in which our territory (for that is the English of -it) was divided into two equal parts, and the part that contained -every thing that gave value to the whole, was retained by Great -Britain for her share. But there were some members of the American -Senate, as will be seen in the sequel, who had no occasion to wait -for parliamentary revelations, or dinner-table exultations, in -order to understand the merits of this treaty of 1842; and who put -their opinions in a form and place, while the treaty was undergoing -ratification, to speak for themselves in after time. - -Many anomalies attended the conducting of the negotiations which -ended in the production of the treaty. As far as could be seen -there was no negotiation--none in the diplomatic sense of the term. -There were no protocols, minutes, or record to show the progress of -things--to show what was demanded, what was offered, and what was -agreed upon. Articles came forth ripe and complete, without a trace -of their progression; and when thus produced a letter would be -drawn up to recommend it--not to the British government, who needed -no recommendation of any part of it--but to the American people, who -otherwise might not have perceived its advantages. In the next place -the treaty was made by a single negotiator on each side, Mr. Fox the -resident minister not having been joined with Lord Ashburton, and -no one on the American side joined with Mr. Webster, and he left -without instructions from the President. On this point Mr. Benton -remarked in the debate on the treaty: - - "In this case the employment of a single negotiator was - unjustifiable. The occasion was great, and required several, - both for safety and for satisfaction. The negotiation was here. - Our country is full of able men. Two other negotiators might - have been joined without delay, without trouble, and almost - without expense. The British also had another negotiator here - (Mr. Fox); a minister of whom I can say without disparagement to - any other, that, in the two and twenty years which I have sat - in this Senate, and had occasion to know the foreign ministers, - I have never known his superior for intelligence, dignity, - attention to his business, fidelity to his own Government, and - decorum to ours. Why not add Mr. Fox to Lord Ashburton, unless - to prevent an associate from being given to Mr. Webster? Was - it arranged in London that the whole negotiation should be - between two, and that these two should act without a witness, - and without notes or minutes of their conferences? Be this as it - may, the effect is the same; and all must condemn this solitary - business between two ministers, when the occasion so imperiously - demanded several." - -The want of instructions was also animadverted upon by Mr. Benton, -as a departure from the constitutional action of the government, -and injurious in this case, as the three great sections of the -Union had each its peculiar question to get settled, and the -Secretary-negotiator belonged to one only of these sections, and the -only one whose questions had been settled. - - "By the theory of our government, the President is the head of - the Executive Department, and must treat, through his agents and - ministers, with foreign powers. He must tell them what to do, - and should tell that in unequivocal language, that there may be - no mistake about it. He must command and direct the negotiation; - he must order what is done. This is the theory of our - government, and this has been its practice from the beginning - of Washington's to the end of Mr. Van Buren's administration; - and never was it more necessary than now. Being but one - negotiator, and he not approved by the Senate for that purpose, - and being from an interested State, it was the bounden duty of - the President to have guided and directed every thing. He is the - head of the Union, and should have attended to the interest of - the whole Union; on the contrary, he abandons every thing to his - Secretary, and this Secretary takes care of one section of the - Union, and of his own State, and of Great Britain; and leaves - the other two sections of the Union out of the treaty. The - Northern States, coterminous with Canada, get their boundaries - adjusted; Massachusetts gets money, which her sister States are - to pay; and Great Britain takes two slices, and all her military - frontiers, from the State of Maine! the Southern and Western - States are left as they were." - -It was known that certain senators were consulted as the treaty went -along, not publicly, but privately, visiting the negotiators upon -request for that purpose, agreeing to it in these conferences; and -thus forestalling their official action. This anomaly Mr. Benton -thus exposed: - - "The irregular manner in which the ratification of this treaty - has been sought, by consultations with individual members, - before it was submitted to the Senate. Here I tread upon - delicate ground; and if I am wrong, this is the time and the - place to correct me. I speak in the hearing of those who must - know whether I am mistaken. I have reason to believe that the - treaty has been privately submitted to senators--their opinions - obtained--the judgment of the body forestalled; and then sent - here for the forms of ratification. [One senator said he had not - been consulted.] Mr. B. in continuation: Certainly not, as the - senator says so; and so of any other gentleman who will say the - same. I interrogate no one. I have no right to interrogate any - one. I do not pretend to say that all were consulted; that would - have been unnecessary; and besides, I know I was not consulted - myself; and I know many others who were not. All that I intend - to say is, that I have reason to think that this treaty has been - ratified out of doors! and that this is a great irregularity, - and bespeaks an undue solicitude for it on the part of its - authors, arising from a consciousness of its indefensible - character." - -The war argument was also pressed into the service of the -ratification, and vehemently relied upon as one of the most cogent -arguments in its favor. The treaty, or war! was the constant -alternative presented, and not without effect upon all persons of -gentle and temporizing spirit. Mr. Benton also exposed the folly -and mischief of yielding to such a threat--declaring it to be -groundless, and not to be yielded to if it was not. - - "The fear of war. This Walpole argument is heavily pressed - upon us, and we are constantly told that the alternatives lie - between this treaty--the whole of it, just as it is--or war! - This is a degrading argument, if true; and infamous, if false! - and false it is: and more than that, it is as shameless as it - is unfounded! What! the _peace_ mission come to make war! It - is no such thing. It comes to take advantage of our deplorable - condition--to take what it pleases, and to repulse the rest. - Great Britain is in no condition to go to war with us, and every - child knows it. But I do not limit myself to argument, and - general considerations, to disprove this war argument. I refer - to the fact which stamps it with untruth. Look to the notes of - Sir Charles Vaughan and Mr. Bankhead, demanding the execution of - the award, and declaring that _its execution would remove every - impediment to the harmony of the two countries_. After that, and - while holding these authentic declarations in our hands, are we - to be told that the peace mission requires more than the award? - requires one hundred and ten miles more of boundary? requires - $500,000 for Rouse's Point, which the award gave us without - money? requires a naval and diplomatic alliance, which she - dared not mention in the time of Jackson or Van Buren? requires - the surrender of '_rebels_' under the name of criminals? - and puts the South and West at defiance, while conciliating - the non-slaveholding States? and gives us war, if we do not - consent to all this degradation, insult, and outrage? Are we - to be told this? No, sir, no! There is no danger of war; but - this treaty may make a war, if it is ratified. It gives up all - advantages; leaves us with great questions unsettled; increases - the audacity of the British; weakens and degrades us; and leaves - us no alternative but war to save the Columbia, to prevent - impressment, to resist search, to repel Schlosser invasions, and - to avoid a San Domingo insurrection in the South, excited from - London, from Canada, and from Nassau." - -The mission had been heralded as one of peace--as a beneficent -overture for a universal settlement of all difficulties--and as a -plan to establish the two countries on a footing of friendship and -cordiality, which was to leave each without a grievance, and to -launch both into a career of mutual felicity. On the contrary only a -few were settled, and those few the only ones which concerned Great -Britain and the northern States: the rest which peculiarly concerned -the South and the West, were adjourned to London--that is to say, -to the Greek calends. On this point Mr. Benton said: - - "We were led to believe, on the arrival of the special minister, - that he came as a messenger of peace, and clothed with full - powers to settle every thing; and believing this, his arrival - was hailed with universal joy. But here is a disappointment--a - great disappointment. On receiving the treaty and the papers - which accompany it, we find that _all_ the subjects in dispute - have not been settled; that, in fact, only three out of seven - are settled; and that the minister has returned to his country, - leaving four of the contested subjects unadjusted. This is a - disappointment; and the greater, because the papers communicated - confirm the report that the minister came with full powers - to settle every thing. The very first note of the American - negotiator--and that in its very first sentence, confirms this - belief, and leaves us to wonder how a mission that promised - so much, has performed so little. Mr. Webster's first note - runs thus: 'Lord Ashburton having been charged by the Queen's - government with full powers to negotiate and settle all matters - in discussion between the United States and England, and having - on his arrival at Washington announced,' &c., &c. Here is a - declaration of full power to settle every thing; and yet, after - this, only part is settled, and the minister has returned - home. This is unexpected, and inconsistent. It contradicts the - character of the mission, balks our hopes, and frustrates our - policy. As a confederacy of States, our policy is to settle - every thing or nothing; and having received the minister for - that purpose, this complete and universal settlement, or - nothing, should have been the _sine qua non_ of the American - negotiator. - - "From the message of the President which accompanies the - treaty, we learn that the questions in discussion between the - two countries were: 1. The Northern boundary. 2. The right of - search in the African seas, and the suppression of the African - slave trade. 3. The surrender of fugitives from justice. 4. The - title to the Columbia River. 5. Impressment. 6. The attack on - the Caroline. 7. The case of the Creole, and of other American - vessels which had shared the same fate. These are the subjects - (seven in number) which the President enumerates, and which he - informs us occupied the attention of the negotiators. He does - not say whether these were all the subjects which occupied - their attention. He does not tell us whether they discussed - any others. He does not say whether the British negotiator - opened the question of the State debts, and their assumption or - guarantee by the Federal government! or whether the American - negotiator mentioned the point of the Canadian asylum for - fugitive slaves (of which twelve thousand have already gone - there) seduced by the honors and rewards which they receive, - and by the protection which is extended to them. The message - is silent upon these further subjects of difference if not of - discussion, between the two countries; and, following the lead - of the President, and confining ourselves (for the present) to - the seven subjects of dispute named by him, and we find three - of them provided for in the treaty--four of them not: and this - constitutes a great objection to the treaty--an objection which - is aggravated by the nature of the subjects settled, or not - settled. For it so happens that, of the subjects in discussion, - some were general, and affected the whole Union; others were - local, and affected sections. Of these general subjects, those - which Great Britain had most at heart are provided for; those - which most concerned the United States are omitted: and of - the three sections of the Union which had each its peculiar - grievance, one section is quieted, and two are left as they - were. This gives Great Britain an advantage over us as a nation: - it gives one section of the Union an advantage over the two - others, sectionally. This is all wrong, unjust, unwise, and - impolitic. It is wrong to give a foreign power an advantage over - us: it is wrong to give one section of the Union an advantage - over the others. In their differences with foreign powers, the - States should be kept united: their peculiar grievances should - not be separately settled, so as to disunite their several - complaints. This is a view of the objection which commends - itself most gravely to the Senate. We are a confederacy of - States, and a confederacy in which States classify themselves - sectionally, and in which each section has its local feelings - and its peculiar interests. We are classed in three sections; - and each of these sections had a peculiar grievance against - Great Britain; and here is a treaty to adjust the grievances - of one, and but one, of these three sections. To all intents - and purposes, we have a separate treaty--a treaty between the - Northern States and Great Britain; for it is a treaty in which - the North is provided for, and the South and West left out. - Virtually, it is a separate treaty with a part of the States; - and this forms a grave objection to it in my eyes. - - "Of the nine Northern States whose territories are coterminous - with the dominions of her Britannic Majesty, six of them had - questions of boundary or of territory, to adjust; and all of - these are adjusted. The twelve Southern slaveholding States - had a question in which they were all interested--that of the - protection and liberation of fugitive or criminal slaves in - Canada and the West Indies: this great question finds no place - in the treaty, and is put off with phrases in an arranged - correspondence. The whole great West takes a deep interest in - the fate of the Columbia River, and demands the withdrawal of - the British from it: this large subject finds no place in the - treaty, nor even in the correspondence which took place between - the negotiators. The South and West must go to London with - their complaints: the North has been accommodated here. The - mission of peace has found its benevolence circumscribed by the - metes and boundaries of the sectional divisions in the Union. - The peace-treaty is for one section: for the other two sections - there is no peace. The non-slaveholding States, coterminous - with the British dominions are pacified and satisfied: the - slaveholding and the Western States, remote from the British - dominions, are to suffer and complain as heretofore. As a friend - to the Union--a friend to justice--and as an inhabitant of the - section which is both slaveholding and Western, I object to - the treaty which makes this injurious distinction amongst the - States." - -The merits of the different stipulations in the treaty were fully -spoken to by several senators--among others, by Mr. Benton--some -extracts from whose speech will constitute some ensuing chapters. - - - - -CHAPTER CII. - -BRITISH TREATY: THE PRETERMITTED SUBJECTS: MR. BENTON'S SPEECH: -EXTRACTS. - - -I. THE COLUMBIA RIVER AND ITS VALLEY. - -The omitted or pretermitted subjects are four: the Columbia -River--impressment--the outrage on the Caroline--and the liberation -of American slaves, carried by violence or misfortune into the -British West India islands, or enticed into Canada. Of these, I -begin with the Columbia, because equal in importance to any, and, -from position, more particularly demanding my attention. The country -on this great river is ours: diplomacy has endangered its title: -the British have the possession and have repulsed us from the whole -extent of its northern shore, and from all the fur region on both -sides of the river, and up into all the valleys and gorges of the -Rocky Mountains. Our citizens are beginning to go there; and the -seeds of national contestation between the British and Americans -are deeply and thickly sown in that quarter. From the moment that -we discovered it, Great Britain has claimed this country; and for -thirty years past this claim has been a point of contested and -deferred diplomacy, in which every step taken has been a step for -the benefit of her claim, and for the injury of ours. The germ of a -war lies there; and this mission of peace should have eradicated -that germ. On the contrary, it does not notice it! Neither the -treaty nor the correspondence names or notices it! and if it were -not for a meagre and stinted paragraph in the President's message, -communicating and recommending the treaty, we should not know -that the name of the Oregon had occurred to the negotiators. That -paragraph is in these words: - - "After sundry informal communications with the British minister - upon the subject of the claims of the two countries to territory - west of the Rocky Mountains, so little probability was found to - exist of coming to any agreement on that subject at present, - that it was not thought expedient to make it one of the - subjects of formal negotiation, to be entered upon between this - government and the British minister, as part of his duties under - his special mission." - -This is all that appears in relation to a disputed country, equal in -extent to the Atlantic portion of the old thirteen United States; -superior to them in climate, soil, and configuration; adjacent to -the valley of the Mississippi; fronting Asia; holding the key to -the North Pacific Ocean; the only country fit for colonization on -the extended coast of Northwest America; a country which belongs -to the United States by a title as clear as their title to the -District of Columbia; which a resolve of Congress, during Mr. -Monroe's administration, declared to be occluded against European -colonization; which Great Britain is now colonizing; and the title -to which has been a subject of diplomatic discussion for thirty -years. This is all that is heard of such a country, and such a -dispute, in this mission of peace, which was to settle every -thing. To supply this omission, and to erect some barrier against -the dangers of improvident, indifferent, ignorant, or treacherous -diplomacy in future negotiations in relation to this great country, -it is my purpose at present to state our title to it; and, in doing -so, to expose the fallacy of the British pretensions; and thus to -leave in the bosom of the Senate, and on the page of our legislative -history, the faithful evidences of our right, and which shall attest -our title to all succeeding generations. - -(Here Mr. Benton went into a full derivation of the American title -to the Columbia River and its valley, between the parallels of 42 -and 49 degrees of north latitude--taking the latter boundary from -the tenth article of the treaty of Utrecht, and the former from the -second article of the Florida treaty of 1819, with Spain.) - -The treaty of Utrecht between France and England, as all the world -knows, was the treaty which put an end to the wars of Queen Anne and -Louis XIV., and settled their differences in America as well as in -Europe. Both England and France were at that time large territorial -possessors in North America--the English holding Hudson's Bay and -New Britain, beyond Canada, and her Atlantic colonies on this side -of it; and France holding Canada and Louisiana. These were vast -possessions, with unfixed boundaries. The tenth article of the -treaty of Utrecht provided for fixing these boundaries. Under this -article, British and French commissioners were appointed to define -the possessions of the two nations; and by these commissioners two -great points were fixed (not to speak of others), which have become -landmarks in the definition of boundaries in North America, namely: -the Lake of the Woods, and the 49th parallel of north latitude west -of that lake. These two points were established above a century and -a quarter ago, as dividing the French and British dominions in that -quarter. As successful rebels, we acquired one of these points at -the end of the Revolution. The treaty of Independence of 1783 gave -us the Lake of the Woods as a landmark in the (then) north-west -corner of the Union. As successors to the French in the ownership of -Louisiana, we acquired the other; the treaty of 1803 having given -us that province as France and Spain had held it; and that was, on -the north, by the parallel of 49 degrees. Beginning in the Lake -of the Woods, our northern Louisiana boundary followed the 49th -parallel to the west. How far? is now the important question; and -I repeat the words of the report of the commissioners, accepted by -their respective nations, when I answer--"INDEFINITELY!" I quote the -words of the report when I answer (omitting all the previous parts -of the line), "_to the latitude of 49 degrees north of the equator, -and along that parallel indefinitely to the west_." [A senator -asked where all this was found.] Mr. BENTON. I find it in the state -papers of France and England above an hundred years ago, and in -those of the United States since the acquisition of Louisiana. I -quote now from Mr. Madison's instructions, when Secretary of State -under Mr. Jefferson in 1804, to Mr. Monroe, then our minister in -London; and given to him to fortify him in his defence of our new -acquisition. The cardinal word in this report of the commissioners -is the word "_indefinitely_;" and that word it was the object of the -British to expunge, from the moment that we discovered the Columbia, -and acquired Louisiana--events which were of the same era in our -history, and almost contemporaneous. In the negotiations with Mr. -Monroe (which ended in a treaty, rejected by Mr. Jefferson without -communication to the Senate), the effort was to limit the line, and -to terminate it at the Rocky Mountains; well knowing that if this -line was suffered to continue _indefinitely_ to the west, it would -deprive them of all they wanted; for it would strike the ocean -three degrees north of the mouth of the Columbia. Without giving us -what we were entitled to by right of discoveries, and as successors -to Spain, it would still take from Great Britain all that she -wanted--which was the mouth of the river, its harbor, the position -which commanded it, and its right bank, in the rich and timbered -region of tide-water. The line on the 49th parallel would cut her -off from all these advantages; and, therefore, to mutilate that -line, and stop it at the Rocky Mountains, immediately became her -inexorable policy. At Ghent, in 1814, the effort was renewed. The -commissioners of the United States and those of Great Britain could -not agree; and nothing was done. At London, in 1818, the effort was -successful; and in the convention then signed in that city, the -line of the treaty of Utrecht was stopped at the Rocky Mountains. -The country on the Columbia was laid open for ten years to the -joint occupation of the citizens and subjects of both powers; and, -afterwards, by a renewed convention at London, this joint occupation -was renewed indefinitely, and until one of the parties should give -notice for its termination. It is under this privilege of joint -occupation that Great Britain has taken exclusive possession of -the right bank of the river, from its head to its mouth, and also -exclusive possession of the fur trade on both sides of the river, -into the heart of the Rocky Mountains. My friend and colleague -[Mr. LINN] has submitted a motion to require the President to give -the stipulated notice for the termination of this convention--a -convention so unequal in its operation, from the inequality of -title between the two parties, and from the organized power of the -British in that quarter under the powerful direction of the Hudson's -Bay Fur Company. Thus our title as far as latitude 49, so valid -under the single guarantee of the treaty of Utrecht, without looking -to other sources, has been jeoparded by this improvident convention; -and the longer it stands, the worse it is for us. - -A great fault of the treaty of 1818 was in admitting an organized -and powerful portion of the British people to come into possession -of our territories jointly with individual and disconnected -possessors on our part. The Hudson's Bay Company held dominion there -on the north of our territories. They were powerful in themselves, -perfectly organized, protected by their government, united with -it in policy, and controlling all the Indians from Canada and the -Rocky Mountains out to the Pacific Ocean, and north to Baffin's -Bay. This company was admitted, by the convention of 1818, to a -joint possession with us of all our territories on the Columbia -River. The effect was soon seen. Their joint possession immediately -became exclusive on the north bank of the river. Our fur-traders -were all driven from beyond the Rocky Mountains; then driven out -of the mountains; more than a thousand of them killed: forts were -built; a chain of posts established to communicate with Canada and -Hudson's Bay; settlers introduced; a colony planted; firm possession -acquired; and, at the end of the ten years when the _joint_ -possession was to cease, the intrusive possessors, protected by -their government, refused to go--began to set up title--and obtained -a renewal of the convention, without limit of time, and until they -shall receive notice to quit. This renewed convention was made in -1828; and, instead of joint possession with us for ten years, while -we should have joint possession with them of their rivers, bays, -creeks and harbors, for the same time--instead of this, they have -had exclusive possession of our territory, our river, our harbor, -and our creeks and inlets, for above a quarter of a century. They -are establishing themselves as in a permanent possession--making the -fort Vancouver, at the confluence of the Multnomah and Columbia, -in tide-water, the seat of their power and operations. The notice -required never will be given while the present administration is -in power; nor obeyed when given, unless men are in power who will -protect the rights and the honor of their country. The fate of Maine -has doubled the dangers of the Columbia, and nearly placed us in a -position to choose between war and INFAMY, in relation to that river. - -Another great fault in the convention was, in admitting a _claim_ -on the part of Great Britain to any portion of these territories. -Before that convention, she stated no claim; but asked a favor--the -favor of joint possession for ten years: now she sets up title. That -title is backed by possession. Possession among nations, as well -as among individuals, is eleven points out of twelve; and the bold -policy of Great Britain well knows how to avail itself of these -eleven points. The Madawaska settlement has read us a lesson on that -head; and the success there must lead to still greater boldness -elsewhere. The London convention of 1818 is to the Columbia, what -the Ghent treaty of 1814 was to Maine; that is to say, the first -false step in a game in which we furnish the whole stake, and then -play for it. In Maine the game is up. The bold hand of Great Britain -has clutched the stake; and nothing but the courage of our people -will save the Columbia from the same catastrophe. - -I proceed with more satisfaction to our title under the Nootka -Sound treaty, and can state it in a few words. All the world -knows the commotion which was excited in 1790 by the Nootka Sound -controversy between Great Britain and Spain. It was a case in which -the bullying of England and the courage of Spain were both tried to -the _ne plus ultra_ point, and in which Spanish courage gained the -victory. Of course, the British writers relate the story in their -own way; but the debates of the Parliament, and the terms of the -treaty in which all ended, show things as they were. The British, -presuming on the voyages of Captain Cook, took possession of Nootka; -the Spanish Viceroy of Mexico sent a force to fetch the English -away, and placed them in the fortress of Acapulco. Pitt demanded -the release of his English, their restoration to Nootka, and an -apology for the insult to the British Crown, in the violation of -its territory and the persons of its subjects; the Spaniard refused -to release, refused the restoration, and the apology, on the ground -that Nootka was Spanish territory, and declared that they would -fight for its possession. Then both parties prepared for war. -The preparations fixed the attention of all Europe. Great Britain -bullied to the point of holding the match over the touch-hole of -the cannon; but the Spaniards remaining firm, she relaxed, and -entered into a convention which abnegated her claim. She accepted -from the Spaniards the privilege of landing and building huts on -the unoccupied parts of the coast, for the purpose of fishing and -trading; and while this acceptance nullified her claim, yet she -took nothing under it--not even temporary use--never having built -a hut, erected a tent, or commenced any sort of settlement on any -part of the coast. Mr. Fox keenly reproached Mr. Pitt with the terms -of this convention, being, as he showed, a limitation instead of an -acquisition of rights. - -Our title is clear: that of the British is null. She sets up -none--that is, she states no derivation of title. There is not a -paper upon the face of the earth, in which a British minister has -stated a title, or even a claim. They have endeavored to obtain -the country by the arts of diplomacy; but never have stated a -title, and never can state one. The fur-trader, Sir Alexander -McKenzie, prompted the acquisition, gave the reason for it, and -never pretended a title. His own discoveries gave no title. They -were subsequent to the discovery of Captain Gray, and far to the -north of the Columbia. He never saw that river. He missed the head -sources of it, fell upon the _Tacouche Tesse_, and struck the -Pacific in a latitude 500 miles (by the coast) to the north of the -Columbia. His subsequent discoveries were all north of that point. -He was looking for a communication with the sea--for a river, a -harbor, and a place for a colony--within the dominions of Great -Britain; and, not finding any, he boldly recommended his government -to seize the Columbia River, to hold it, and to expel the Americans -from the whole country west of the Rocky Mountains. And upon these -pretensions the British claim has rested, until possession has -made them bold enough to exclude it from the subjects of formal -negotiation between the two countries. The peace-mission refused -us peace on that point. The President tells us that there is "_no -probability of coming to any agreement at present!_" Then when can -the agreement be made? If refused now, when is it to come? Never, -until we show that we prefer war to ignominious peace. - -This is the British title to the Columbia, and the only one that -she wants for any thing. It suits her to have that river: it is her -interest to have it: it strengthens her, and weakens others, for her -to have it; and, therefore, have it she will. This is her title, and -this her argument. Upon this title and argument, she gets a slice -from Maine, and gains the mountain barrier which covers Quebec; and, -upon this title and argument, she means to have the Columbia River. -The events of the late war, and the application of steam power to -ocean navigation, begat her title to the country between Halifax and -Quebec: the suggestions of McKenzie begat her title to the Columbia. -Improvident diplomacy on our part, a war countenance on her part, -and this strange treaty, have given success to her pretensions in -Maine: the same diplomacy, and the same countenance, have given her -a foothold on the Columbia. It is for the Great West to see that -no traitorous treaty shall abandon it to her. The President, in -his message, says that there was no chance for any "_agreement_" -about it at present; that it would not be made the subject of a -"_formal negotiation_" at present; that it could not be included -in the duties of the "_special mission_." Why so? The mission was -one of peace, and to settle every thing; and why omit this pregnant -question? Was this a war question, and therefore not to be settled -by the peace mission? Why not come to an agreement now, if agreement -is ever intended? The answer is evident. No agreement is ever -intended. Contented with her possession, Great Britain wants delay, -that _time_ may ripen _possession_ into _title_, and fortunate -events facilitate her designs. My colleague and myself were sounded -on this point: our answers forbade the belief that we would -compromise or sacrifice the rights and interests of our country; -and this may have been the reason why there were no "_formal_" -negotiations in relation to it. Had we been "_soft enough_," there -might have been an agreement to divide our country by the river, or, -to refer the whole title to the decision of a friendly sovereign! -We were not _soft enough_ for that; and if such a paper, marked B, -and identified with the initials of our Secretary, had been sent -to the Missouri delegation, as was sent to the Maine commissioners, -instead of subduing us to the purposes of Great Britain, it would -have received from the whole delegation the answer due to treason, -to cowardice, and to insolence. - -But, it is demanded, what do we want with this country, so far off -from us? I answer by asking, in my turn, what do the British want -with it, who are so much further off? They want it for the fur -trade; for a colony; for an outlet to the sea; for the communication -across the continent; for a road to Asia; for the command of one -hundred and forty thousand Indians against us; for the port and -naval station which is to command the commerce and navigation -of the North Pacific Ocean, and open new channels of trade with -China, Japan, Polynesia, and the great East. They want it for these -reasons; and we want it for the same; and because it adjoins us, and -belongs to us, and should be possessed by our descendants, who will -be our friends; and not by aliens, who will be our enemies. - -Forty years ago, it was written by Humboldt that the valley of the -Columbia invited Europeans to found a fine colony there; and, twenty -years ago, the American Congress adopted a resolve, _that no part -of this continent was open to European colonization_. The remark of -Humboldt was that of a sagacious European; the resolve of Congress -was the work of patriotic Americans. It remains to be seen which -will prevail. The convention of 1818 has done us the mischief; it -put the European power in possession: and possession with nations, -still more than with individuals, is the main point in the contest. -It will require the western pioneers to recover the lost ground; -and they must be encouraged in the enterprise by liberal grants of -lands, by military protection, and by governmental authority. It is -time for the bill of my colleague to pass. The first session of the -first Congress under the new census should pass it. The majority -will be democratic, and the democracy will demand that great work -at their hands. I put no faith in negotiation. I expect nothing but -loss and shame from any negotiation in London. Our safety is in the -energy of our people; in their prompt occupation of the country; and -in their invincible determination to maintain their rights. - -I do not dilate upon the value and extent of this great country. -A word suffices to display both. In extent, it is larger than the -Atlantic portion of the old thirteen United States; in climate, -softer; in fertility, greater; in salubrity, superior; in position, -better, because fronting Asia, and washed by a tranquil sea. In -all these particulars, the western slope of our continent is far -more happy than the eastern. In configuration, it is inexpressibly -fine and grand--a vast oblong square, with natural boundaries, and -a single gateway into the sea. The snow-capped Rocky Mountains -enclose it to the east, an iron-bound coast on the west: a frozen -desert on the north, and sandy plains on the south. All its rivers, -rising on the segment of a vast circumference, run to meet each -other in the centre; and then flow together into the ocean, through -a gap in the mountain, where the heats of summer and the colds of -winter are never felt; and where southern and northern diseases -are equally unknown. This is the valley of the Columbia--a country -whose every advantage is crowned by the advantages of position and -configuration: by the unity of all its parts--the inaccessibility -of its borders--and its single introgression to the sea. Such a -country is formed for union, wealth, and strength. It can have but -one capital, and that will be a Thebes; but one commercial emporium, -and that will be Tyre, queen of cities. Such a country can have but -one people, one interest, one government: and that people should be -American--that interest ours--and that government republican. Great -Britain plays for the whole valley: failing in that, she is willing -to divide by the river. Accursed and infamous be the man that -divides or alienates it! - - -II.--IMPRESSMENT. - -Impressment is another of the omitted subjects. This having been -a cause of war in 1812, and being now declared, by the American -negotiator, to be a sufficient cause for future wars, it would -naturally, to my mind, have been included in the labors of a special -mission, dedicated to peace, and extolled for its benevolent -conception. We would have expected to find such a subject, after -such a declaration, included in the labors of such a mission. -Not so the fact. The treaty does not mention impressment. A -brief paragraph in the President's message informs us that there -was a correspondence on this point; and, on turning to this -correspondence, we actually find two letters on the subject: one -from Mr. Webster to Lord Ashburton--one from Lord Ashburton to Mr. -Webster: both showing, from their dates, that they were written -after the treaty was signed; and, from their character, that they -were written for the public, and not for the negotiators. The treaty -was signed on the 9th of August; the letters were written on the 8th -and 9th of the same month. They are a plea, and a reply; and they -leave the subject precisely where they found it. From their date and -character, they seem to be what the lawyers call the _postea_--that -is to say, the _afterwards_; and are very properly postponed to -the end of the document containing the correspondence, where they -find place on the 120th page. They look _ex post facto_ there; -and, putting all things together, it would seem as if the American -negotiator had said to the British lord (after the negotiation -was over): 'My Lord, here is impressment--a pretty subject for a -composition; the people will love to read something about it; so let -us compose.' To which, it would seem, his lordship had answered: -'You may compose as much as you please for your people; I leave that -field to you: and when you are done, I will write three lines for -my own government, to let it know that I stick to impressment.' In -about this manner, it would seem to me that the two letters were got -up; and that the American negotiator in this little business has -committed a couple of the largest faults: _first_, in naming the -subject of impressment at all! _next_, in ever signing a treaty, -after having named it, without an unqualified renunciation of the -pretension! - -Sir, the same thing is not always equally proper. Time and -circumstances qualify the proprieties of international, as well -as of individual intercourse; and what was proper and commendable -at one time, may become improper, reprehensible, and derogatory -at another. When George the Third, in the first article of his -first treaty with the United States, at the end of a seven years' -war, acknowledged them to be free, sovereign, and independent -States, and renounced all dominion over them, this was a proud -and glorious consummation for us, and the crowning mercy of a -victorious rebellion. The same acknowledgment and renunciation from -Queen Victoria, at present, would be an insult for her to offer--a -degradation for us to accept. So of this question of impressment. -It was right in all the administrations previous to the late war, -to negotiate for its renunciation. But after having gone to war -for this cause; after having suppressed the practice by war; after -near thirty years' exemption from it--after all this, for our -negotiator to put the question in discussion, was to compromise our -rights! To sign a treaty without its renunciation, after having -proposed to treat about it, was to relinquish them! Our negotiator -should not have mentioned the subject. If mentioned to him by the -British negotiator, he should have replied, that the answer to that -pretension was in the cannon's mouth! - -But to name it himself, and then sign without renunciation, and -to be invited to London to treat about it--to do this, was to -descend from our position; to lose the benefit of the late war; -to revive the question; to invite the renewal of the practice, by -admitting it to be an unsettled question--and to degrade the present -generation, by admitting that they would negotiate where their -ancestors had fought. These are fair inferences; and inferences -not counteracted by the euphonious declaration that the American -government is "_prepared to say_" that the practice of impressment -cannot hereafter be allowed to take place!--as if, after great -study, we had just arrived at that conclusion! and as if we had not -declared much more courageously in the case of the Maine boundary, -the Schlosser massacre, and the Creole mutiny and murder! The -British, after the experience they have had, will know how to value -our courageous declaration, and must pay due respect to our flag! -For one, I never liked these declarations, and never made a speech -in favor of any one of them; and now I like them less than ever, -and am _prepared_ to put no further faith in the declarations of -gentlemen who were for going to war for the smallest part of the -Maine boundary in 1838, and now surrender three hundred miles of -that boundary for fear of war, when there is no danger of war. -I am _prepared to say_ that I care not a straw for the heroic -declarations of such gentlemen. I want actions, not phrases. I want -Mr. Jefferson's act in 1806--_rejection of any treaty with Great -Britain that does not renounce impressment_! And after having -declared, by law, black impressment on the coast of Africa to be -piracy; after stipulating to send a fleet there, to enforce our -law against that impressment--after this, I am ready to do the -same thing against white impressment on our own coasts, and on the -high seas. I am ready to enact that the impressment of my white -fellow-citizens out of an American ship is an act of piracy; and -then to follow out that enactment in its every consequence. - -The correspondence between our Secretary negotiator and Lord -Ashburton on this subject, has been read to you--that correspondence -which was drawn up after the treaty was finished, and intended -for the American public: and what a correspondence it is! What -an exchange of phrases! One denies the right of impressment: the -other affirms it. Both wish for an amicable agreement; but neither -attempts to agree. Both declare the season of peace to be the proper -time to settle this question; and both agree that the present season -of peace is not the convenient one. Our Secretary rises so high -as to declare that the administration "_is now prepared_" to put -its veto on the practice: the _British negotiator_ shows that his -Government is still prepared to resume the practice whenever her -interest requires it. Our negotiator hopes that his communication -will be received in the spirit of peace: the British minister -replies, that it will. Our secretary then persuades himself that the -British minister will communicate his sentiments in this respect, -to his own government: his Lordship promises it faithfully. And, -thereupon, they shake hands and part. - -How different this holiday scene from the firm and virile language -of Mr. Jefferson: "_No treaty to be signed without a provision -against impressment_;" and this language backed by the fact of -the instant rejection of a treaty so signed! Lord Chatham said of -_Magna Charta_ that it was homely Latin, but worth all the classics. -So say I of this reply of Mr. Jefferson: it is plain English, but -worth all the phrases which rhetoric could ever expend upon the -subject. It is the only answer which our secretary negotiator should -have given, after committing the fault of broaching the subject. -Instead of that, he commences rhetorician, new vamps old arguments, -writes largely and prettily; and loses the question by making it -debatable. His adversary sees his advantage, and seizes it. He -abandons the field of rhetoric to the lawyer negotiator; puts in a -fresh claim to impressment; saves the question from being lost by -a non-user; re-establishes the debate, and adjourns it to London. -He keeps alive the pretension of impressment against us, the white -race, while binding us to go to Africa to fight it down for the -black race; and has actually left us on lower ground in relation -to this question, than we stood upon before the late war. If this -treaty is ratified, we must begin where we were in 1806, when -Mr. Monroe and Mr. Pinckney went to London to negotiate against -impressment; we must begin where they did, with the disadvantage -of having yielded to Great Britain all that she wanted, and having -lost all our vantage-ground in the negotiation. We must go to -London, engage in a humiliating negotiation, become the spectacle -of nations, and the sport of diplomacy; and wear out years in -begging to be spared from British seizure, when sitting under our -own flag, and sailing in our own ship: we must submit to all this -degradation, shame and outrage, unless Congress redeems us from the -condition into which we have fallen, and provides for the liberty -of our people on the seas, by placing American impressment where -African impressment has already been placed--piracy by law! For one, -I am ready to vote the act--to execute it--and to abide its every -consequence. - - -III.--THE LIBERATED SLAVES. - -The case of the Creole, as it is called, is another of the omitted -subjects. It is only one of a number of cases (differing in degree, -but the same in character) which have occurred within a few years, -and are becoming more frequent and violent. It is the case of -American vessels, having American slaves on board, and pursuing a -lawful voyage, and being driven by storms or carried by violence -into a British port, and their slaves liberated by British law. -This is the nature of the wrong. It is a general outrage liable to -occur in any part of the British dominions, but happens most usually -in the British West India islands, which line the passage round -the Florida reefs in a voyage between New Orleans and the Atlantic -ports. I do not speak of the 12,000 slaves (worth at a moderate -computation, considering they must be all grown, and in youth or -middle life, at least $6,000,000) enticed into Canada, and received -with the honors and advantages due to the first class of emigrants. -I do not speak of these, nor of the liberation of slaves carried -voluntarily by their owners into British ports: the man who exposes -his property wilfully to the operation of a known law, should abide -the consequences to which he has subjected it. I confine myself -to cases of the class mentioned--such as the Encomium, the Comet, -the Enterprise, the Creole, and the Hermosa--cases in which wreck, -tempest, violence, mutiny and murder were the means of carrying the -vessel into the interdicted port; and in which the slave property, -after being saved to the owners from revolt and tempests, became -the victim and the prey of British law. It is of such cases that -I complain, and of which I say that they furnish no subject for -the operation of injurious laws, and that each of these vessels -should have been received with the hospitality due to misfortune, -and allowed to depart with all convenient despatch, and with all -her contents of persons and property. This is the law of nations: -it is what the civilization of the age requires. And it is not to -be tolerated in this nineteenth century that an American citizen, -passing from one port to another of his own country, with property -protected by the laws of his country, should encounter the perils -of an unfortunate navigator in the dark ages, shipwrecked on a rude -and barbarian coast. This is not to be tolerated in this age, and -by such a power as the United States, and after sending a fleet to -Africa to protect the negroes. Justice, like charity, should begin -at home; and protection should be given where allegiance is exacted. -We cannot tolerate the spoil and pillage of our own citizens, within -sight of our own coasts, after sending 4,000 miles to redress the -wrongs of the black race. But if this treaty is ratified it seems -that we shall have to endure it, or seek redress by other means -than negotiation. The previous cases were at least ameliorated by -compensation to their owners for the liberation of the slaves; but -in the more recent and most atrocious case of the Creole, there is -no indemnity of any kind--neither compensation to the owners whose -property has been taken; nor apology to the Government, whose flag -has been insulted; nor security for the future, by giving up the -practice. A treaty is signed without a stipulation of any kind on -the subject; and as it would seem, to the satisfaction of those who -made it, and of the President, who sends it to us. A correspondence -has been had; the negotiators have exchanged diplomatic notes on the -subject; and these notes are expected to be as satisfactory to the -country as to those who now have the rule of it. The President in -his message says: - - "On the subject of the interference of the British authorities - in the West Indies, a confident hope is entertained that the - correspondence which has taken place, showing the _grounds_ - taken by this government, and the _engagements_ entered into - by the British minister, will be found such as to satisfy the - just expectation of the people of the United States."--_Message, - August 9._ - -This is a short paragraph for so large a subject; but it is all the -message contains. But let us see what it amounts to, and what it is -that is expected to satisfy the just expectations of the country. It -is the _grounds_ taken in the correspondence, and the _engagements_ -entered into by the British minister, which are to work out this -agreeable effect. - -And it is of the _grounds_ stated in the Secretary's two letters, -and the _engagement_, entered into in Lord Ashburton's note, that -the President predicates his belief of the public satisfaction -in relation to this growing and most sensitive question. This -brings us to these grounds, and this engagement, that we may see -the nature and solidity of the one, and the extent and validity -of the other. The grounds for the public satisfaction are in the -Secretary's letters; the engagement is in Lord Ashburton's letter; -and what do they amount to? On the part of the Secretary, I am -free to say that he has laid down the law of nations correctly; -that he has well stated the principles of public law which save -from hazard or loss, or penalty of any kind, the vessel engaged -in a lawful trade, and driven or carried against her will, into a -prohibited port. He has well shown that, under such circumstances, -no advantage is to be taken of the distressed vessel; that she is -to be received with the hospitality due to misfortune, and allowed -to depart, after receiving the succors of humanity, with all her -contents of persons and things. All this is well laid down by our -Secretary. Thus far his grounds are solid. But, alas, this is all -talk! and the very next paragraph, after a handsome vindication of -our rights under the law of nations, is to abandon them! I refer -to the paragraph commencing: "_If your Lordship has no authority -to enter into a stipulation by treaty for the prevention of such -occurrences hereafter_," &c. This whole paragraph is fatal to the -Secretary's grounds, and pregnant with strange and ominous meanings. -In the first place, it is an admission, in the very first line, that -no treaty stipulation to prevent future occurrences of the same -kind can be obtained here! that the special mission, which came to -settle every thing, and to establish peace, will not settle this -thing; which the Secretary, in numerous paragraphs, alleges to be -a dangerous source of future war! This is a strange contradiction, -and most easily got over by our Secretary. In default of a treaty -stipulation (which he takes for granted, and evidently makes no -effort to obtain), he goes on to solicit a personal engagement from -his Lordship; and an engagement of what? That the law of nations -shall be observed? No! but that instructions shall be given to the -British local authorities in the islands, which shall lead them to -regulate their conduct in conformity with the rights of citizens of -the United States, and the just expectations of their government, -and in such manner as shall, in future, take away all reasonable -ground of complaint. This is the extent of the engagement which -was so solicited, and which was to supply the place of a treaty -stipulation! If the engagement had been given in the words proposed, -it would not have been worth a straw. But it is not given in those -words, but with glaring and killing additions and differences. His -Lordship follows the commencement of the formula with sufficient -accuracy; but, lest any possible consequence might be derived from -it, he takes care to add, that when these slaves do reach them "_no -matter by what means_," there is no alternative! Hospitality, good -wishes, friendly feeling, the duties of good neighborhood--all -give way! The British law governs! and that law is too well known -to require repetition. This is the sum and substance of Lord -Ashburton's qualifications of the _engagement_; and they show him -to be a man of honor, that would not leave the Secretary negotiator -the slightest room for raising a doubt as to the nature of the -instructions which he engaged to have given. These instructions -go only to the mode of executing the law. His Lordship engages -only for the civility and gentleness of the manner--_the suaviter -in modo_; while the firm execution of the law itself remains as it -was--_fortiter in re_. - -Lord Ashburton proposes London as the best place to consider -this subject. Mr. Webster accepts London, and hopes that her -Majesty's government will give us treaty stipulations to remove -all further cause for complaint on this subject. This is his last -hope, contained in the last sentence of his last note. And now, -why a treaty stipulation hereafter, if this engagement is such (as -the President says it is) as to satisfy the just expectations of -the people of the United States? Why any thing more, if that is -enough? And if treaty stipulations are wanting (as in fact they -are), why go to London for them--the head-quarters of abolitionism, -the seat of the World's Convention for the abolition of slavery, -and the laboratory in which the insurrection of San Domingo was -fabricated? Why go to London? Why go any where? Why delay? Why not -do it here? Why not include it among the beatitudes of the vaunted -peace mission? The excuse that the minister had not powers, is -contradictory and absurd. The Secretary negotiator tells us, in his -first letter, that the minister came with full powers to settle -every subject in discussion. This was a subject in discussion; -and had been since the time of the Comet, the Encomium, and the -Enterprise--years ago. If instructions were forgotten, why not -send for them? What are the steamers for, that, in the six months -that the peace mission was here, they could not have brought these -instructions a dozen times? No! the truth is, the British government -would do nothing upon this subject when she found she could -accomplish all her own objects without granting any thing. - - -IV.--BURNING OF THE CAROLINE. - -The Caroline is the last of the seven subjects in the arrangement -which I make of them. I reserve it for the last; the extreme -ignominy of its termination making it, in my opinion, the natural -conclusion of a disgraceful negotiation. It is a case in which -all the sources of national degradation seem to have been put in -requisition--diplomacy; legislation; the judiciary; and even the -military. To volunteer propitiations to Great Britain, and to -deprecate her wrath, seem to have been the sole concern of the -administration, when signal reparation was due from her to us. -And here again we have to lament the absence of all the customary -disclosures in the progress of negotiations. No protocol, no -minutes, no memorandums: nothing to show how a subject began, went -on, and reached its consummation. Every thing was informal in this -anomalous negotiation. Wat Tyler never hated the ink-horn worse -than our Secretary-negotiator hated it upon this occasion. It was -only after a thing was finished, that the pen was resorted to; and -then merely to record the agreement, and put a face upon it for -the public eye. In this way many things may have been discussed, -which leave no written trace behind them; and it would be a curious -circumstance if so large a subject, and one so delicate as the State -debts, should find itself in that predicament. - -The case of the Caroline is now near four years old. It occurred in -December of the year 1838, under Mr. Van Buren's administration; but -it was not until March, 1841, and until the new administration was -in power, that the question assumed its high character of a quarrel -between the United States and Great Britain. Before that time, -the outrage upon the Caroline was only the act of the individuals -engaged in it. The arrest of one of these individuals brought out -the British government. She assumed the offence; alleged the outrage -to have been perpetrated by her authority; and demanded the release -of McLeod, under the clear implication of a national threat if he -was not surrendered. The release was demanded unconditionally--not -the slightest apology or atonement being offered for the outrage on -the Caroline, out of which the arrest of McLeod grew. The arrogant -demand of the British was delivered to the new Secretary of State on -the 12th day of March. Instead of refusing to answer under a threat, -he answered the sooner; and, in his answer went far beyond what the -minister [Mr. Fox] had demanded. He despatched the Attorney-general -of the United States to New York, to act as counsel for McLeod; -he sent a Major-general of the United States army along with him, -to give emphasis to his presence; and he gave a false version to -the law of nations, which would not only cover the McLeod case, -but all succeeding cases of the same kind. I consider all this the -work of the State Department; for General Harrison was too new -in his office, too much overwhelmed by the army of applicants who -besieged him and soon destroyed his life, to have the time to study -the questions to which the arrest of McLeod, and the demand for his -release, and the assumption of his crime by the British government -gave rise. The Romans had a noble maxim--grand in itself, and worthy -of them, because they acted upon it. PARCERE SUBJECTIS, DEBELLARE -SUPERBOS: Spare the humble--humble the proud. Our administration has -invoked this maxim to cover its own conduct. In giving up McLeod -they say it is to lay hold of the sovereign--that the poor servant -is spared while the proud master is to be held to account. Fine -phrases these, which deceive no one: for both master and servant are -let go. Our people were not deceived by these grave professions. -They believed it was all a pretext to get out of a difficulty; that, -what between love and fear of the British, the federal party was -unwilling to punish McLeod, or to see him punished by the State -of New York; that the design was to get rid of responsibility, by -getting rid of the man; and, that when he was gone, we should hear -no more of these new Romans calling his sovereign to account. This -was the opinion of the democracy, very freely expressed at the -time; and so it has all turned out to be. McLeod was acquitted, -and got off; the British government became responsible, on the -administration's own principles; they have not been held to that -responsibility; no atonement or apology has been made for the -national outrage at Schlosser; and the President informs us that no -further complaint, on account of this aggression on the soil and -sovereignty of the Union, and the lives of its citizens, is to be -made! - -A note has been obtained from Lord Ashburton, and sent to us by the -President, declaring three things--first, that the burning of the -Caroline, and killing the people, was a serious fact; secondly, -that no disrespect was intended to the United States in doing it; -thirdly, that the British government unfeignedly hopes there will be -no necessity for doing it again. This is the extent, and the whole -extent, to which the special minister, with all his politeness and -good nature, and with all his desire to furnish the administration -with something to satisfy the public, could possibly go. The only -thing which I see him instructed by his government to say, or which -in itself amounts to a positive declaration, is the averment that -her Majesty's government "_considers it a most serious fact_" that, -in the hurried execution of this _necessary_ service, a violation -of the United States territory was committed. This is admitted to -be a fact!--a serious fact!--and a most serious fact! But as for -any sorrow for it, or apology for it, or promise not to commit -such serious facts again, or even not to be so hurried the next -time--this is what the minister nowhere says, or insinuates. On -the contrary, just the reverse is declared; for the justification -of this "_most serious fact_" as being the result of a hurried -execution of a "_necessary service_," is an explicit averment that -the aforesaid "_most serious fact_" will be repeated just so often -as her Majesty's government shall deem it necessary to her service. -As to the polite declaration, that no disrespect was intended to the -United States while invading its territory, killing its citizens, -setting a steamboat on fire, and sending her in flames over the -falls of Niagara--such a declaration is about equivalent to telling -a man that you mean him no disrespect while cudgelling him with both -hands over the head and shoulders. - -The celebrated Dr. Johnson was accustomed to say that there was -a certain amount of gullibility in the public mind, which must -be provided for. It would seem that our Secretary-negotiator had -possessed himself of this idea, and charged himself with the duties -under it, and had determined to make full provision for all the -gullibility now extant. He has certainly provided _quantum sufficit_ -of humbuggery in this treaty, and in his correspondence in defence -of it, to gorge the stomachs of all the gulls of the present -generation, both in Europe and America. - -Our Secretary is full of regret that McLeod was so long imprisoned, -makes excuses for the New York court's decisions against him, and -promises to call the attention of Congress to the necessity of -providing against such detention in future. He says, in his last -letter to Lord Ashburton: - - "It was a subject of _regret_ that the release of McLeod was - so long delayed. A State court--and that not of the highest - jurisdiction--decided that, on summary application, embarrassed, - as it would appear, by technical difficulties, he could not - be released by that court. His discharge, shortly afterward, - by a jury, to whom he preferred to submit his case, rendered - unnecessary the further prosecution of the legal question. It - is for the Congress of the United States, whose attention has - been _called_ to the subject to say what further provision ought - to be made to expedite proceedings in such cases." - -Such is the valedictory of our Secretary--his sorrows over the -fate of McLeod. That individual had been released for a year -past. His arrest continued but for a few months, with little -personal inconvenience to himself; with no danger to his life, if -innocent; and with the gratification of a notoriety flattering to -his pride, and beneficial to his interest. He is probably highly -delighted with the honors of the occurrence, and no way injured -by his brief and comfortable imprisonment. Yet the sorrow of our -Secretary continues to flow. At the end of a year, he is still in -mourning, and renews the expression of his regret for the poor man's -detention, and gives assurances against such delays in future;--this -in the same letter in which he closes the door upon the fate of his -own countrymen burnt and murdered in the Caroline, and promises -never to disturb the British government about them again. McLeod -and all Canadians are encouraged to repeat their _most serious -facts upon us_, by the perfect immunity which both themselves and -their government have experienced. And to expedite their release, -if hereafter arrested for such _facts_, they are informed that -Congress had been "_called_" upon to pass the appropriate law--and -passed it was! The _habeas corpus_ act against the States, which -had slept for many months in the Senate, and seemed to have sunk -under the public execration--this bill was "_called_" up, and -passed contemporaneously with the date of this letter. And thus -the special minister was enabled to carry home with him an act of -Congress to lay at the footstool of his Queen, and to show that the -measure of atonement to McLeod was complete: that the executive, the -military, the legislative, and the judicial departments had all been -put in requisition, and faithfully exerted themselves to protect -her Majesty's subjects from being harmed for a past invasion, -conflagration, and murder; and to secure them from being called to -account by the State courts for such trifles in future. - -And so ends the case of the Caroline and McLeod. The humiliation -of this conclusion, and the contempt and future danger which it -brings upon the country, demand a pause, and a moment's reflection -upon the catastrophe of this episode in the negotiation. The whole -negotiation has been one of shame and injury; but this catastrophe -of the McLeod and Caroline affair puts the finishing hand to our -disgrace. I do not speak of the individuals who have done this work, -but of the national honor which has been tarnished in their hands. -Up to the end of Mr. Van Buren's administration, all was safe for -the honor of the country. Redress for the outrage at Schlosser had -been demanded; interference to release McLeod had been refused; -the false application of the laws of war to a state of peace had -been scouted. On the 4th day of March, 1841, the national honor -was safe; but on that day its degradation commenced. Timing their -movements with a calculated precision, the British government -transmitted their assumption of the Schlosser outrage, their formal -demand for the release of McLeod, and their threat in the event of -refusal, so as to arrive here on the evening of the day on which -the new administration received the reins of government. Their -assumption, demand, and threat, arrived in Washington on the evening -of the 4th day of March, a few hours after the inauguration of -the new powers was over. It seemed as if the British had said to -themselves: This is the time--our friends are in power--we helped -to elect them--now is the time to begin. And begin they did. On -the 8th day of March, Mr. Fox delivered to Mr. Webster the formal -notification of the assumption, made the demand, and delivered the -threat. Then the disgraceful scene began. They reverse the decision -of Mr. Van Buren's administration, and determine to interfere in -behalf of McLeod, and to extricate him by all means from the New -York courts. To mask the ignominy of this interference, they pretend -it is to get at a nobler antagonist; and that they are going to -act the Romans, in sparing the humble and subduing the proud. It -is with Queen Victoria with whom they will deal! McLeod is too -humble game for them. McLeod released, the next thing is to get -out of the scrape with the Queen; and for that purpose they invent -a false reading of the law of nations, and apply the laws of war -to a state of peace. The _jus belli_, and not the _jus gentium_, -then becomes their resort. And here ends their grand imitation of -the Roman character. To assume the laws of war in time of peace, -in order to cover a craven retreat, is the nearest approach which -they make to war. Then the special minister comes. They accept -from him private and verbal explanations, in full satisfaction to -themselves of all the outrage at Schlosser: but beg the minister -to write them a little apology, which they can show to the people. -The minister refuses; and thereupon they assume that they have -received it, and proclaim the apology to the world. To finish this -scene, to complete the propitiation of the Queen, and to send her -minister home with legal and parchment evidence in his hand of our -humiliation, the expression of regret for the arrest and detention -of McLeod is officiously and gratuitously renewed; the prospect -of a like detention of any of her Majesty's subjects in future is -pathetically deplored; and, to expedite their delivery from State -courts when they again invade our soil, murder our citizens, and -burn our vessels, the minister is informed that Congress has been -"_called_" upon to pass a law to protect them from these courts. And -here "_a most serious fact_" presents itself. Congress has actually -obeyed the "_call_"--passed the act--secured her Majesty's subjects -in future--and given the legal parchment evidence of his success to -her minister before he departs for his home. The infamous act--the -habeas corpus against the States--squeamishly called the "_remedial -justice act_"--is now on the statute-book; the original polluting -our code of law, the copy lying at the footstool of the British -Queen. And this is the point we have reached. In the short space of -a year and a half, the national character has been run down, from -the pinnacle of honor to the abyss of disgrace. I limit myself now -to the affair of McLeod and the Caroline alone; and say that, in -this business, exclusive of other disgraces, the national character -has been brought to the lowest point of contempt. It required the -Walpole administration five-and-twenty long years of cowardly -submission to France and Spain to complete the degradation of Great -Britain: our present rulers have completed the same work for their -own country in the short space of eighteen months. And this is the -state of our America! that America which Jackson and Van Buren left -so proud! that America which, with three millions of people fought -and worsted the British empire--with seven millions fought it, and -worsted it again--and now, with eighteen millions, truckles to the -British Queen, and invents all sorts of propitiatory apologies for -her, when the most ample atonement is due to itself. Are we the -people of the Revolution?--of the war of 1812?--of the year 1834, -when Jackson electrified Europe by threatening the King of France -with reprisals! - -McLeod is given up because he is too weak; the Queen is excused, -because she is too strong; propitiation is lavished where atonement -is due; an apology accepted where none was offered; the statute of -limitations pleaded against an insult, by the party which received -it! And the miserable performers in all this drama of national -degradation expect to be applauded for magnanimity, when the laws of -honor and the code of nations, stamp their conduct with the brand of -cowardice. - - - - -CHAPTER CIII. - -BRITISH TREATY: NORTHEASTERN BOUNDARY ARTICLE: MR. BENTON'S SPEECH: -EXTRACT. - - -The establishment of the low-land boundary in place of the mountain -boundary, and parallel to it. This new line is 110 miles long. It -is on this side of the awarded line--not a continuation of it, but -a deflection from it; and evidently contrived for the purpose of -weakening our boundary, and retiring it further from Quebec. It will -be called in history the Webster line. It begins on the awarded -line, at a lake in the St. Francis River; breaks off at right angles -to the south, passes over the valley of the St. John in a straight -line, and equidistant from that river and the mountain, until it -reaches the north-west branch of the St. John, when approaching -within forbidden distance of Quebec, it deflects to the east; and -then holds on its course to the gorge in the mountain at the head -of Metjarmette creek. A view of the map will show the character -of this new line; the words of the treaty show how cautiously it -was guarded; and the want of protocols hides its paternity from -our view. The character of the line is apparent; and it requires -no military man, or military woman, or military child, to say to -whose benefit it enures. A man of any sort--a woman of any kind--a -child of any age--can tell that! It is a British line, made for the -security of Quebec. Follow its calls on the map, and every eye will -see this design. - -The surrender of the mountain boundary between the United States -and Great Britain on the frontiers of Maine. This is a distinct -question from the surrender of territory. The latter belonged to -Maine: the former to the United States. They were national, and not -State boundaries--established by the war of the Revolution, and -not by a State law or an act of Congress; and involving all the -considerations which apply to the attack and defence of nations. So -far as a State boundary is coterminous with another State, it is -a State question, and may be left to the discretion of the States -interested: so far as it is coterminous with a foreign power, it -is a national question, and belongs to the national authority. A -State cannot be permitted to weaken and endanger the nation by -dismembering herself in favor of a foreigner; by demolishing a -strong frontier, delivering the gates and keys of a country into -the hands of a neighboring nation, and giving them roads and passes -into the country. The boundaries in question were national, not -State; and the consent of Maine, even if given, availed nothing. -Her defence belongs to the Union; is to be made by the blood and -treasure of the Union; and it was not for her, even if she had been -willing, to make this defence more difficult, more costly, and -more bloody, by giving up the strong, and substituting the weak -line of defence. Near three hundred miles of this strong national -frontier have been surrendered by this treaty--being double as much -as was given up by the rejected award. The King of the Netherlands, -although on the list of British generals, and in the pay of the -British Crown, was a man of too much honor to deprive us of the -commanding mountain frontier opposite to Quebec; and besides, -Jackson would have scouted the award if he had attempted it. The -King only gave up the old line to the north of the head of the St. -Francis River; and for this he had some reason, as the mountain -there subsided into a plain, and the ridge of the highlands (in -that part) was difficult to follow: our negotiator gives up the -boundary for one hundred and fifty miles on this side the head of -the St. Francis, and without pretext; for the mountain ridge was -there three thousand feet high. The new part given up, from the -head of the St. Francis to Metjarmette portage, is invaluable -to Great Britain. It covers her new road to Quebec, removes us -further from that city, places a mountain between us, and brings -her into Maine. To comprehend the value of this new boundary to -Great Britain, and its injury to us, it is only necessary to follow -it on a map--to see its form--know its height, the depth of its -gorges, and its rough and rocky sides. The report of Capt. Talcott -will show its character--three thousand feet high: any map will -show its form. The gorge at the head of the Metjarmette creek--a -water of the St. Lawrence--is made the _terminus ad quem_ of the -new conventional lowland line: beyond that gorge, the mountain -barrier is yielded to Great Britain. Now take up a map. Begin at -the head of the Metjarmette creek, within a degree and a half of -the New Hampshire line--follow the mountain north--see how it bears -in upon Quebec--approaching within two marches of that great city, -and skirting the St. Lawrence for some hundred miles. All this is -given up. One hundred and fifty miles of this boundary is given -up on this side the awarded line; and the country left to guess -and wonder at the enormity and fatuity of the sacrifice. Look at -the new military road from Halifax to Quebec--that part of it -which approaches Quebec and lies between the mountain and the St. -Lawrence. Even by the awarded line, this road was forced to cross -the mountain at or beyond the head of the St. Francis, and then to -follow the base of the mountain for near one hundred miles; with all -the disadvantages of crossing the spurs and gorges of the mountain, -and the creeks and ravines, and commanded in its whole extent by the -power on the mountain. See how this is changed by the new boundary! -the road permitted to take either side of the mountain--to cross -where it pleases--and covered and protected in its whole extent by -the mountain heights, now exclusively British. Why this new way, and -this security for the road, unless to give the British still greater -advantages over us than the awarded boundary gave? A palliation -is attempted for it. It is said that the mountain is unfit for -cultivation; and the line along it could not be ascertained; and -that Maine consented. These are the palliations--insignificant if -true, but not true in their essential parts. And, first, as to the -poverty of the mountain, and the slip along its base, constituting -this area of 893 square miles surrendered on this side the awarded -line: Captain Talcott certifies it to be poor, and unfit for -cultivation. I say so much the better for a frontier. As to the -height of the mountains, and the difficulty of finding the dividing -ridge, and the necessity of adopting a conventional line: I say all -this has no application to the surrendered boundary on this side -the awarded line at the head of the St. Francis. On this side of -that point, the mountain ridge is lofty, the heights attain three -thousand feet; and navigable rivers rise in them, and flow to the -east and to the west--to the St. Lawrence and the Atlantic. Hear -Captain Talcott, in his letter to Mr. Webster: (The letter read.) - -This letter was evidently obtained for the purpose of depreciating -the lost boundary, by showing it to be unfit for cultivation. The -note of the Secretary-negotiator which drew it forth is not given, -but the answer of Captain Talcott shows its character; and its date -(that of the 14th of July) classes it with the testimony which was -hunted up to justify a foregone conclusion. The letter of Captain -Talcott is good for the Secretary's purpose, and for a great deal -more. It is good for the overthrow of all the arguments on which -the plea for a conventional boundary stood. What was that plea? -Simply, that the highlands in the neighborhood of the north-west -corner of Nova Scotia could not be traced; and that it was necessary -to substitute a conventional line in their place. And it is the -one on which the award of the King of the Netherlands turned, and -was, to the extent of a part of his award, a valid one. But it was -no reason for the American Secretary to give one hundred and fifty -miles of mountain line on this side the awarded line, where the -highlands attained three thousand feet of elevation, and turned -navigable rivers to the right and left. Lord Ashburton, in his -letter of the 13th of June, commences with this idea: that the -highlands described in the treaty could not be found, and had been -so admitted by American statesmen; and quotes a part of a despatch -from Mr. Secretary Madison in 1802 to Mr. Rufus King, then U. S. -Minister in London. I quote the whole despatch, and from this it -appears--1. That the part at which the treaty could not be executed, -for want of finding the highlands, was the _point_ to be constituted -by the intersection of the due north line from the head of the St. -Croix with the _line_ drawn along the highlands. 2. That this -_point_ might be substituted by a conventional one agreed upon by -the three commissioners. 3. That from this _point_, so agreed upon, -the _line_ was to go to the _highlands_, and to follow them wherever -they could be ascertained, to the head of the Connecticut River. -This is the clear sense of Mr. Madison's letter and Mr. Jefferson's -message; and it is to be very careless to confound this _point_ -(which they admitted to be dubious, for want of highlands at that -place) with the _line_ itself, which was to run near 300 miles on -the elevations of a mountain reaching 3,000 feet high. The King -of the Netherlands took a great liberty with this _point_ when he -brought it to the St. John's River: our Secretary-negotiator took a -far greater liberty with it when he brought it to the head of the -Metjarmette creek; for it is only at the head of this creek that our -_line_ under the new treaty begins to climb the highlands. The King -of the Netherlands had some apology for his conventional _point_ -and conventional _line_ to the head of the St. Francis--for the -highlands were sunk into table-land where the _point_ ought to be, -and which was the _terminus a quo_ of his conventional line: but -our negotiator had no apology at all for turning this conventional -line south, and extending it 110 miles through the level lands of -Maine, where the mountain highlands were all along in sight to -the west. It is impossible to plead the difficulty of finding the -highlands for this substitution of the lowland boundary, in the -whole distance from the head of the St. Francis, where the King of -the Netherlands fixed the commencement of our mountain line, to the -head of the Metjarmette, where our Secretary fixed its commencement. -Lord Ashburton's quotation from Mr. Madison's letter is partial and -incomplete: he quotes what answers his purpose, and is justifiable -in so doing. But what must we think of our Secretary-negotiator, -who neglected to quote the remainder of that letter, and show that -it was a conventional _point_, and not a conventional _line_, that -Mr. Jefferson and Mr. Madison proposed? and that this conventional -_point_ was merely to fix the north-west angle of Nova Scotia, -where, in fact, there were no highlands; after which, the line was -to proceed to the elevated ground dividing the waters, &c., and then -follow the highlands to the head of the Connecticut? Why did our -Secretary omit this correction of the British minister's quotation, -and thus enable him to use American names against us? - -To mitigate the enormity of this barefaced sacrifice, our -Secretary-negotiator enters into a description of the soil, and -avers it to be unfit for cultivation. What if it were so? It is -still rich enough to bear cannon, and to carry the smuggler's -cart; and that is the crop Great Britain wishes to plant upon it. -Gibraltar and Malta are rocks; yet Great Britain would not exchange -them for the deltas of the Nile and of the Ganges. It is not for -growing potatoes and cabbages that she has fixed her eye, since -the late war, on this slice of Maine; but for trade and war--to -consolidate her power on our north-eastern border, and to realize -all the advantages which steam power gives to her new military -and naval, and commercial station, in Passamaquoddy Bay; and her -new route for trade and war through Halifax and Maine to Quebec. -She wants it for great military and commercial purposes; and it -is pitiful and contemptible in our negotiator to depreciate the -sacrifice as being poor land, unfit for cultivation, when power and -dominion, not potatoes and cabbages, is the object at stake. But -the fact is, that much of this land is good; so that the excuse for -surrendering it without compensation is unfounded as well as absurd. - -I do not argue the question of title to the territory and boundaries -surrendered. That work has been done in the masterly report of the -senator from Pennsylvania [Mr. BUCHANAN], and in the resolve of the -Senate, unanimously adopted, which sanctioned it. That report and -that resolve were made and adopted in the year 1838--seven years -after the award of the King of the Netherlands--and vindicated our -title to the whole extent of the disputed territory. After this -vindication, it is not for me to argue the question of title. I -remit that task to abler and more appropriate hands--to the author -of the report of 1838. It will be for him to show the clearness -of our title under the treaty of 1783--how it was submitted to in -Mr. Jay's treaty of 1794, in Mr. Liston's correspondence of 1798, -in Mr. King's treaty of 1803, in Mr. Monroe's treaty of 1807, and -in the conferences at Ghent--where, after the late war had shown -the value of a military communication between Quebec and Halifax, -a variation of the line was solicited as a favor, by the British -commissioners, to establish that communication. It will be for him -also to show the progress of the British claim, from the solicited -favor of a road, to the assertion of title to half the territory, -and all the mountain frontier of Maine; and it will further be for -him to show how he is deserted now by those who stood by him then. -It will be for him to expose the fatal blunder at Ghent, in leaving -our question of title to the arbitration of a European sovereign, -instead of confiding the marking of the line to three commissioners, -as proposed in all the previous treaties, and agreed to in several -of them. To him, also, it will belong to expose the contradiction -between rejecting the award for adopting a conventional line, and -giving up part of the territory of Maine; and now negotiating a -treaty which adopts two conventional lines, gives up all that the -award did, and more too, and a mountain frontier besides; and then -pays money for Rouse's Point, which came to us without money under -the award. It will be for him to do these things. For what purpose? -some one will say. I answer, for the purpose of vindicating our -honor, our intelligence, and our good faith, in all this affair -with Great Britain; for the purpose of showing how we are wronged -in character and in rights by this treaty; and for the purpose of -preventing similar wrongs and blunders in time to come. Maine may -be dismembered, and her boundaries lost, and a great military power -established on three sides of her; but the Columbia is yet to be -saved? There we have a repetition of the Northeastern comedy of -errors on our part, and of groundless pretension on the British -part, growing up from a petition for joint possession for fishing -and hunting, to an assertion of title and threat of war; this -groundless pretension dignified into a claim by the lamentable -blunder of the convention of London in 1818. We may save the -Columbia by showing the folly, or worse, which has dismembered Maine. - -The award of the King of the Netherlands was acceptable to the -British, and that award was infinitely better for us; and it was -not only accepted by the British, but insisted upon; and its -non-execution on our part was made a subject of remonstrance and -complaint against us. After this, can any one believe that the -"_peace mission_" was sent out to make war upon us if we did not -yield up near double as much as she then demanded? No, sir! there -is no truth in this cry of war. It is only a phantom conjured -up for the occasion. From Jackson and Van Buren the British -would gladly have accepted the awarded boundary: the federalists -prevented it, and even refused a new negotiation. Now, the same -federalists have yielded double as much, and are thanking God that -the British condescend to accept it. Such is federalism: and the -British well knew their time, and their men, when they selected -the present moment to send their special mission; to double their -demands; and to use arguments successfully, which would have been -indignantly repelled when a Jackson or a Van Buren was at the head -of the government--or, rather, would never have been used to such -Presidents. The conduct of our Secretary-negotiator is inexplicable. -He rejects the award, because it dismembers Maine; votes against new -negotiations with England; and announces himself ready to shoulder a -musket and march to the highland boundary, and there fight his death -for it. This was under Jackson's administration. He now becomes -negotiator himself; gives up the highland boundary in the first -note; gives up all that was awarded by the King of the Netherlands; -gives up 110 miles on this side of that award; gives up the mountain -barrier which covered Maine, and commanded the Halifax road to -Quebec; gives $500,000 for Rouse's Point, which the King of the -Netherland's allotted us as our right. - - - - -CHAPTER CIV. - -BRITISH TREATY: NORTHWESTERN BOUNDARY: MR. BENTON'S SPEECH: EXTRACTS. - - -The line from Lake Superior to the Lake of the Woods never was -susceptible of a dispute. That from the Lake of the Woods to -the head of the Mississippi was disputable, and long disputed; -and it will not do to confound these two lines, so different in -themselves, and in their political history. The line from Lake -Superior was fixed by landmarks as permanent and notorious as the -great features of nature herself--the Isle Royale, in the northwest -of Lake Superior, and the chain of small lakes and rivers which -led from the north of that isle to the Lake of the Woods. Such were -the precise calls of the treaty of 1783, and no room for dispute -existed about it. The Isle Royale was a landmark in the calls of -the treaty, and a great and distinguished one it was--a large rocky -island in Lake Superior, far to the northwest, a hundred miles -from the southern shore; uninhabitable, and almost inaccessible -to the Indians in their canoes; and for that reason believed by -them to be the residence of the Great Spirit, and called in their -language, _Menong_. This isle was as notorious as the lake itself, -and was made a landmark in the treaty of 1783, and the boundary line -directed to go to the north of it, and then to follow the chain of -small lakes and rivers called "Long Lake," which constituted the -line of water communication between Lake Superior and the Lake of -the Woods, a communication which the Indians had followed beyond -the reach of tradition, which was the highway of nations, and which -all travellers and traders have followed since its existence became -known to our first discoverers. A line through the Lake Superior, -from its eastern outlet to the northward of the Isle Royale, leads -direct to this communication; and the line described was evidently -so described for the purpose of going to that precise communication. -The terms of the call are peculiar. Through every lake and every -water-course, from Lake Ontario to the Lake Huron, the language -of the treaty is the same: the line is to follow the _middle_ of -the lake. Through every river it is the same: the _middle_ of the -main channel is to be followed. On entering Lake Superior, this -language changes. It is no longer the _middle_ of the lake that -is to constitute the boundary, but a line through the lake to the -"northward" of Isle Royale--a boundary which, so far from dividing -the lake equally, leaves almost two-thirds of it on the American -side. The words of the treaty are these: - - "Thence through Lake Superior, northward of the isles Royale and - Philippeaux, to the Long Lake; thence through the middle of said - Long Lake, and the water communication between it and the Lake - of the Woods, to the Lake of the Woods," &c. - -These are the words of the call; and this variation of language, -and this different mode of dividing the lake, were for the obvious -purpose of taking the shortest course to the Long Lake, or Pigeon -River, which led to the Lake of the Woods. The communication through -these little lakes and rivers was evidently the object aimed at; and -the call to the north of Isle Royale was for the purpose of getting -to that object. The island itself was nothing, except as a landmark. -Though large (for it is near one hundred miles in circumference), -it has no value, neither for agriculture, commerce, nor war. It is -sterile, inaccessible, remote from shore; and fit for nothing but -the use to which the Indians consigned it--the fabulous residence of -a fabulous deity. Nobody wants it--neither Indians nor white people. -It was assigned to the United States in the treaty of 1783, not as a -possession, but as a landmark, and because the shortest line through -the lake, to the well-known route which led to the Lake of the -Woods, passed to the north of that isle. All this is evident from -the maps, and all the maps are here the same; for these features -of nature are so well defined that there has never been the least -dispute about them. The commissioners under the Ghent treaty (Gen. -Porter for the United States, and Mr. Barclay for Great Britain), -though disagreeing about several things, had no disagreement about -Isle Royale, and the passage of the line to the north of that isle. -In their separate reports, they agreed upon this; and this settled -the whole question. After going to the north of Isle Royale, to -get out of the lake at a known place, it would be absurd to turn -two hundred miles south, to get out of it at an unknown place. The -agreement upon Isle Royale settled the line to the Lake of the -Woods, as it was, and as it is: but it so happened that, in the -year 1790, the English traveller and fur-trader Mr. (afterwards -Sir Alexander) McKenzie, in his voyage to the Northwest, travelled -up this line of water communication, saw the advantages of its -exclusive possession by the British; and proposed in his "History -of the Fur Trade," to obtain it by turning the line down from Isle -Royale, near two hundred miles, to St. Louis River in the southwest -corner of the lake. The Earl of Selkirk, at the head of the Hudson's -Bay Company, repeated the suggestion; and the British government, -for ever attentive to the interests of its subjects, set up a claim, -through the Ghent commissioners, to the St. Louis River as the -boundary. Mr. Barclay made the question, but too faintly to obtain -even a reference to the arbitrator; and Lord Ashburton had too much -candor and honor to revive it. He set up no pretension to the St. -Louis River, as claimed by the Ghent commissioners: he presented -the Pigeon River as the "long lake" of the treaty of 1783, and only -asked for a point six miles south of that river; and he obtained all -he asked. His letter of the 17th of July is explicit on this point. -He says: - - "In considering the second point, it really appears of little - importance to either party how the line be determined through - the wild country between Lake Superior and the Lake of the - Woods, but it is important that some line should be fixed and - known. I would propose that the line be taken from a point - about six miles south of Pigeon River, where the Grand Portage - commences on the lake, and continued along the line of the said - portage, alternately by land and water, to Lac la Pluie--the - existing route by land and by water remaining common by both - parties. This line has the advantage of being known, and - attended with no doubt or uncertainty in running it." - -These are his Lordship's words: Pigeon River, instead of St. Louis -River! making no pretension to the four millions of acres of -fine mineral land supposed to have been saved between these two -rivers; and not even alluding to the absurd pretension of the Ghent -commissioner! After this, what are we to think of the candor and -veracity of an official paper, which would make a merit of having -saved four millions of acres of fine mineral land, "northward of the -claim set up by the British commissioner under the Ghent treaty?" -What must we think of the candor of a paper which boasts of having -"included this within the United States," when it was never out of -the United States? If there is any merit in the case, it is in Lord -Ashburton--in his not having claimed the 200 miles between Pigeon -River and St. Louis River. What he claimed, he got; and that was -the southern line, commencing six miles south of Pigeon River, and -running south of the true line to Rainy Lake. He got this; making -a difference of some hundreds of thousands of acres, and giving to -the British the exclusive possession of the best route; and a joint -possession of the one which is made the boundary. To understand the -value of this concession, it must be known that there are two lines -of communication from the Lake Superior to the Lake of the Woods, -both beginning at or near the mouth of Pigeon River; that these -lines are the channels of trade and travelling, both for Indians, -and the fur-traders; that they are water communications; and that it -was a great point with the British, in their trade and intercourse -with the Indians, to have the exclusive dominion of the best -communication, and a joint possession with us of the other. This is -what Lord Ashburton claimed--what the treaty gave him--and what our -Secretary-negotiator became his agent and solicitor to obtain for -him. I quote the Secretary's letter of the 25th of July to Mr. James -Ferguson, and the answers of Mr. Ferguson of the same date, and also -the letter of Mr. Joseph Delafield, of the 20th of July, for the -truth of what I say. From these letters, it will be seen that our -Secretary put himself to the trouble to hunt testimony to justify -his surrender of the northern route to the British; that he put -leading questions to his witnesses, to get the information which he -wanted; and that he sought to cover the sacrifice, by depreciating -the agricultural value of the land, and treating the difference -between the lines as a thing of no importance. Here is the letter. I -read an extract from it: - - "What is the general nature of the country between the mouth - of Pigeon River and the Rainy Lake? Of what formation is it, - and how is its surface? and will any considerable part of its - area be fit for cultivation? Are its waters active and running - streams, as in other parts of the United States? Or are they - dead lakes, swamps, and morasses? If the latter be their general - character, at what point, as you proceed westward, do the waters - receive a more decided character as running streams? - - "There are said to be two lines of communication, each partly by - water and partly by portages, from the neighborhood of Pigeon - River to the Rainy Lake: one by way of Fowl Lake, the Saganaga - Lake, and the Cypress Lake; the other by way of Arrow River - and Lake; then by way of Saganaga Lake, and through the river - Maligne, meeting the other route at Lake la Croix, and through - the river Namekan to the Rainy Lake. Do you know any reason for - attaching great preference to either of these two lines? Or do - you consider it of no importance, in any point of view, which - may be agreed to? Please be full and particular on these several - points." - -Here are leading questions, such as the rules of evidence forbid to -be put to any witness, and the answers to which would be suppressed -by the order of any court in England or America. They are called -"leading," because they _lead_ the witness to the answer which -the lawyer wants; and thereby tend to the perversion of justice. -The witnesses are here led to two points: first, that the country -between the two routes or lines is worth nothing for agriculture; -secondly, that it is of no importance to the United States which -of the two lines is established for the boundary. Thus led to the -desired points, the witnesses answer. Mr. Ferguson says: - - "As an agricultural district, this region will always be - valueless. The pine timber is of high growth, equal for spars, - perhaps, to the Norway pine, and may, perhaps, in time, find a - market; but there are no alluvions, no arable lands, and the - whole country may be described as one waste of rock and water. - - "You have desired me also to express an opinion as to any - preference which I may know to exist between the several lines - claimed as boundaries through this country, between the United - States and Great Britain. - - "Considering that Great Britain abandons her claim by the - Fond du Lac and the St. Louis River; cedes also Sugar Island - (otherwise called St. George's Island) in the St. Marie - River; and agrees, generally, to a boundary following the old - commercial route, commencing at the Pigeon River, I do not - think that any reasonable ground exists to prevent a final - determination of this part of the boundary." - -And Mr. Delafield adds: - - "As an agricultural district, it has no value or interest, - even prospectively, in my opinion. If the climate were - suitable (which it is not), I can only say that I never saw, - in my explorations there, tillable land enough to sustain - any permanent population sufficiently numerous to justify - other settlements than those of the fur-traders; and, I might - add, fishermen. The fur-traders there occupied nearly all - those places; and the opinion now expressed is the only one - I ever heard entertained by those most experienced in these - northwestern regions. - - "There is, nevertheless, much interest felt by the fur-traders - on this subject of boundary. To them, it is of much importance, - as they conceive; and it is, in fact, of national importance. - Had the British commissioner consented to proceed by the Pigeon - River (which is the Long Lake of Mitchell's map), it is probable - there would have been an agreement. There were several reasons - for his pertinacity, and for this disagreement; which belong, - however, to the private history of the commission, and can - be stated when required. The Pigeon River is a continuous - water-course. The St. George's Island, in the St. Marie River, - is a valuable island, and worth as much, perhaps, as most of the - country between the Pigeon River and Dog River route, claimed - for the United States, in an agricultural sense." - -These are the answers; and while they are conclusive upon the -agricultural character of the country between the two routes, and -present it as of no value; yet, on the relative importance of the -routes as boundaries, they refuse to follow the _lead_ which the -question held out to them, and show that, as commercial routes, -and, consequently, as commanding the Indians and their trade, a -question of national importance is involved. Mr. Delafield says -the fur-traders feel much interest in this boundary: to them, it -is of much importance; and it is, in fact, of national importance. -These are the words of Mr. Delafield; and they show the reason why -Lord Ashburton was so tenacious of this change in the boundary. He -wanted it for the benefit of the fur-trade, and for the consequent -command which it would give the British over the Indians in time -of war. All this is apparent; yet our Secretary would only look at -it as a corn and potato region! And finding it not good for that -purpose, he surrenders it to the British! Both the witnesses look -upon it as a sacrifice on the part of the United States, and suppose -some equivalent in other parts of the boundary was received for it. -There was no such equivalent: and thus this surrender becomes a -gratuitous sacrifice on the part of the United States, aggravated by -the condescension of the American Secretary to act as the attorney -of the British minister, and seeking testimony by unfair and illegal -questions; and then disregarding the part of the answers which made -against his design. - - - - -CHAPTER CV. - -BRITISH TREATY: EXTRADITION ARTICLE: MR. BENTON'S SPEECH: EXTRACT. - - -I proceed to the third subject and last article in the treaty--the -article which stipulates for the mutual surrender of fugitive -criminals. And here again we are at fault for these same protocols. -Not one word is found in the correspondence upon this subject, the -brief note excepted of Lord Ashburton of the 9th of August--the -day of the signature of the treaty--to say that its ratification -would require the consent of the British parliament, and would -necessarily be delayed until the parliament met. Except this note, -not a word is found upon the subject; and this gives no light -upon its origin, progress, and formation--nothing to show with -whom it originated--what necessity for it in this advanced age -of civilization, when the comity of nations delivers up fugitive -offenders upon all proper occasions--and when explanations upon each -head of offences, and each class of fugitives, is so indispensable -to the right understanding and the safe execution of the treaty. -Total and black darkness on all these points. Nor is any ray of -light found in the President's brief paragraphs in relation to it. -Those paragraphs (the work of his Secretary, of course) are limited -to the commendation of the article, and are insidiously deceptive, -as I shall show at the proper time. It tells us nothing that we -want to know upon the origin and design of the article, and how -far it applies to the largest class of fugitive offenders from the -United States--the slaves who escape with their master's property, -or after taking his life--into Canada and the British West Indies. -The message is as silent as the correspondence on all these points; -and it is only from looking into past history, and contemporaneous -circumstances, that we can search for the origin and design of this -stipulation, so unnecessary in the present state of international -courtesy, and so useless, unless something unusual and extraordinary -is intended. Looking into these sources, and we are authorized -to refer the origin and design of the stipulation to the British -minister, and to consider it as one of the objects of the special -mission with which we have been honored. Be this as it may, I do -not like the article. Though fair upon its face, it is difficult -of execution. As a general proposition, atrocious offenders, and -especially between neighboring nations, ought to be given up; but -that is better done as an affair of consent and discretion, than -under the constraints and embarrassments of a treaty obligation. -Political offenders ought not to be given up; but under the stern -requisitions of a treaty obligation, and the benefit of an _ex -parte_ accusation, political offenders may be given up for murder, -or other crimes, real or pretended; and then dealt with as their -government pleases. Innocent persons should not be harassed with -groundless accusations; and there is no limit to these vexations, -if all emigrants are placed at the mercy of malevolent informers, -subjected to arrest in a new and strange land, examined upon _ex -parte_ testimony, and sent back for trial if a probable case is made -out against them. - -This is a subject long since considered in our country, and on which -we have the benefit both of wise opinions and of some experience. -Mr. Jefferson explored the whole subject when he was Secretary of -State under President Washington, and came to the conclusion that -these surrenders could only be made under three limitations:--1. -Between coterminous countries. 2. For high offences. 3. A special -provision against political offenders. Under these limitations, as -far back as the year 1793, Mr. Jefferson proposed to Great Britain -and Spain (the only countries with which we held coterminous -dominions, and only for their adjacent provinces) a mutual delivery -of fugitive criminals. His proposition was in these words: - - "Any person having committed murder of malice prepense, not of - the nature of treason, or forgery, within the United States or - the Spanish provinces _adjoining_ thereto, and fleeing from the - justice of the country, shall be delivered up by the government - where he shall be found, to that from which he fled, whenever - demanded by the same." - -This was the proposition of that great statesman: and how different -from those which we find in this treaty! Instead of being confined -to coterminous dominions, the jurisdiction of the country is taken -for the theatre of the crime; and that includes, on the part of -Great Britain, possessions all over the world, and every ship on -every sea that sails under her flag. Instead of being confined to -two offences of high degree--murder and forgery--one against life, -the other against property--this article extends to seven offences; -some of which may be incurred for a shilling's worth of property, -and another of them without touching or injuring a human being. -Instead of a special provision in favor of political offenders, the -insurgent or rebel may be given up for murder, and then hanged and -quartered for treason; and in the long catalogue of seven offences, -a charge may be made, and an _ex parte_ case established, against -any political offender which the British government shall choose to -pursue. - -To palliate this article, and render it more acceptable to us, we -are informed that it is copied from the 27th article of Mr. Jay's -treaty. That apology for it, even if exactly true, would be but -a poor recommendation of it to the people of the United States. -Mr. Jay's treaty was no favorite with the American people, and -especially with that part of the people which constituted the -republican party. Least of all was this 27th article a favorite with -them. It was under that article that the famous Jonathan Robbins, -alias Thomas Nash, was surrendered--a surrender which contributed -largely to the defeat of Mr. Adams, and the overthrow of the federal -party, in 1800. The apology would be poor, if true: but it happens -to be not exactly true. The article in the Webster treaty differs -widely from the one in Jay's treaty--and all for the worse. The -imitation is far worse than the original--about as much worse as -modern whiggery is worse than ancient federalism. Here are the two -articles; let us compare them: - - -MR. WEBSTER'S TREATY. - - "_Article 10._--It is agreed that the United States and her - Britannic Majesty shall, upon mutual requisitions by them, or - their ministers, officers, or authorities, respectively made, - deliver up to justice all persons who, being charged with the - crime of murder, or assault with intent to commit murder, or - piracy, or arson, or robbery, or forgery, or the utterance of - forged papers committed within the jurisdiction of either, shall - seek an asylum, or shall be found, within the territories of - the other: provided, that this shall only be done, upon such - evidence of criminality as, according to the laws of the place - where the fugitive or person so charged shall be found, would - justify his apprehension and commitment for trial, if the crime - or offence had there been committed; and the respective judges - and other magistrates shall have power, jurisdiction, and - authority, upon complaint made under oath, to issue a warrant - for the apprehension of the fugitive or person so charged, that - he may be brought before such judges, or other magistrates, - respectively, to the end that the evidence of criminality may - be heard and considered; and if, on such hearing, the evidence - be deemed sufficient to sustain the charge, it shall be the duty - of the examining judge, or magistrate, to certify the same to - the proper executive authority, that a warrant may issue for the - surrender of such fugitive. The expense of such apprehension and - delivery shall be borne and defrayed by the party who makes the - requisition, and receives the fugitive." - - -MR. JAY'S TREATY. - - "_Article 27._--It is further agreed that his Majesty and the - United States, on mutual requisitions by them, respectively, - or by their respective ministers, or officers, authorized to - make the same, will deliver up to justice all persons who, - being charged with murder, or forgery, committed within the - jurisdiction of either, shall seek an asylum within any of - the countries of the other: provided, that this shall only be - done on such evidence of criminality as, according to the laws - of the place where the fugitive or person so charged shall be - found, would justify his apprehension and commitment for trial - if the offence had there been committed. The expense of such - apprehension and delivery shall be borne and defrayed by those - who make the requisition, and receive the fugitive." - -These are the two articles, and the difference between them is great -and striking. First, the number of offences for which delivery of -the offender is to be made, is much greater in the present treaty. -Mr. Jay's article is limited to two offences--murder and forgery: -the two proposed by Mr. Jefferson; but without his qualification -to exclude political offences, and to confine the deliveries to -offenders from coterminous dominions. The present treaty embraces -these two, and five others, making seven in the whole. The five -added offences are--assault, with intent to commit murder; piracy; -robbery; arson; and the utterance of forged paper. These additional -five offences, though high in name, might be very small in degree. -Assault, with intent to murder, might be without touching or hurting -any person; for, to lift a weapon at a person within striking -distance, without striking, is an assault: to level a fire-arm -at a person within carrying distance, and without firing, is an -assault; and the offence being in the intent, is difficult of -proof. Mr. Jefferson excluded it, and so did Jay's treaty; because -the offence was too small and too equivocal to be made a matter of -international arrangement. Piracy was excluded, because it was -absurd to speak of a pirate's country. He has no country. He is -_hostis humani generis_--the enemy of the human race; and is hung -wherever he is caught. The robbery might be of a shilling's worth of -bread; the arson, of burning a straw shed; the utterance of forged -paper, might be the emission or passing of a counterfeit sixpence. -All these were excluded from Jay's treaty, because of their possible -insignificance, and the door they opened to abuse in harassing the -innocent, and in multiplying the chances for getting hold of a -political offender for some other offence, and then punishing him -for his politics. - -Striking as these differences are between the present article -and that of Mr. Jay's treaty, there is a still more essential -difference in another part; and a difference which nullifies the -article in its only material bearing in our favor. It is this: Mr. -Jay's treaty referred the delivery of the fugitive to the executive -power. This treaty intervenes the judiciary, and requires two -decisions from a judge or magistrate before the governor can act. -This nullifies the treaty in all that relates to fugitive slaves -guilty of crimes against their masters. In the eye of the British -law, they have no master, and can commit no offence against such -a person in asserting their liberty against him, even unto death. -A slave may kill his master, if necessary to his escape. This is -legal under British law; and, in the present state of abolition -feeling throughout the British dominions, such killing would not -only be considered fair, but in the highest degree meritorious and -laudable. What chance for the recovery of such a slave under this -treaty? Read it--the concluding part--after the word "committed," -and see what is the process to be gone through. Complaint is to -be made to a British judge or justice. The fugitive is brought -before this judge or justice, that the evidence of the criminality -may be heard and considered--such evidence as would justify the -apprehension, commitment, and trial of the party, if the offence -had been committed there. If, upon this hearing, the evidence be -deemed sufficient to sustain the charge, the judge or magistrate is -to certify the fact to the executive authority; and then, and not -until then, the surrender can be made. This is the process; and in -all this the new treaty differs from Jay's. Under his treaty the -delivery was a ministerial act, referring itself to the authority -of the governor: under this treaty, it becomes a judicial act, -referring itself to the discretion of the judge, who must twice -decide against the slave (first, in issuing the warrant; and next, -in trying it) before the governor can order the surrender. Twice -judicial discretion interposes a barrier, which cannot be forced; -and behind which the slave, who has robbed or killed his master, -may repose in safety. What evidence of criminality will satisfy the -judge, when the act itself is no crime in his eyes, or under his -laws, and when all his sympathies are on the side of the slave? What -chance would there be for the judicial surrender of offending slaves -in the British dominions, under this treaty, when the provisions -of our own constitution, within the States of our own Union, in -relation to fugitive slaves, cannot be executed? We all know that a -judicial trial is immunity to a slave pursued by his owner, in many -of our own States. Can such trials be expected to result better for -the owner in the British dominions, where the relation of master -and slave is not admitted, and where abolitionism is the policy of -the government, the voice of the law, and the spirit of the people? -Killing his master in defence of his liberty, is no offence in the -eye of British law or British people; and no slave will ever be -given up for it. - -(Mr. WRIGHT here said, that counterfeiting American securities, or -bank notes, was no offence in Canada; and the same question might -arise there in relation to forgers.) - -Mr. BENTON resumed. Better far to leave things as they are. Forgers -are now given up in Canada, by executive authority, when they fly -to that province. This is done in the spirit of good neighborhood; -and because all honest governments have an interest in suppressing -crimes, and repelling criminals. The governor acts from a sense of -propriety, and the dictates of decency and justice. Not so with the -judge. He must go by the law; and when there is no law against the -offence, he has nothing to justify him in delivering the offender. - -Conventions for the mutual surrender of large offenders, where -dominions are coterminous, might be proper. Limited, as proposed by -Mr. Jefferson in 1793, and they might be beneficial in suppression -of border crimes and the preservation of order and justice. But -extended as this is to a long list of offenders--unrestricted as -it is in the case of murder--applying to dominions in all parts of -the world, and to ships in every sea--it can be nothing but the -source of individual annoyance and national recrimination. Besides, -if we surrender to Great Britain, why not to Russia, Prussia, -Austria, France, and all the countries of the world? If we give up -the Irishman to England, why not the Pole to Russia, the Italian -to Austria, the German to his prince; and so on throughout the -catalogue of nations? Sir, the article is a pestiferous one; and -as it is determinable upon notice, it will become the duty of the -American people to elect a President who will give the notice, and -so put an end to its existence. - -Addressing itself to the natural feelings of the country, against -high crimes and border offenders, and in favor of political liberty, -the message of the President communicating and recommending this -treaty to us, carefully presents this article as conforming to our -feelings in all these particulars. It is represented as applicable -only to high crimes--to border offenders; and to offences not -political. In all this, the message is disingenuous and deceptive, -and calculated to ravish from the ignorant and the thoughtless an -applause to which the treaty is not entitled. It says: - - "The surrender to justice of persons who, having committed high - crimes, seek an asylum in the territories of a _neighboring_ - nation, would seem to be an act due to the cause of general - justice, and properly belonging to the present state of - civilization and intercourse. The _British provinces_ of North - America are separated from the States of the Union by a line - of several thousand miles; and, along portions of this line, - the amount of population on either side is quite considerable, - _while the passage of the boundary is always easy_. - - "Offenders against the law _on the one side transfer themselves - to the other_. Sometimes, with great difficulty they are brought - to justice; but very often they wholly escape. A consciousness - of immunity, from the power of avoiding justice in this way, - instigates the unprincipled and reckless to the commission of - offences; _and the peace and good neighborhood of the border are - consequently often disturbed_. - - "In the case of offenders fleeing from Canada into the United - States, the governors of States are often applied to for their - surrender; and questions of a very embarrassing nature arise - from these applications. It has been thought highly important, - therefore, to provide for the whole case by a proper treaty - stipulation. The article on the subject, in the proposed treaty, - is carefully confined to such offences as all mankind agree - to regard as heinous and destructive of the security of life - and of property. In this careful and specific enumeration of - crimes, the object has been to exclude all political offences, - or criminal charges arising from wars or intestine commotions. - Treason, misprision of treason, libels, desertion from military - service, and other offences of a similar character, are - excluded." - -In these phrases the message recommends the article to the Senate -and the country; and yet nothing could be more fallacious and -deceptive than such a recommendation. It confines the surrender to -border offenders--Canadian fugitives: yet the treaty extends it -to all persons committing offences under the "_jurisdiction_" of -Great Britain--a term which includes all her territory throughout -the world, and every ship or fort over which her flag waves. The -message confines the surrender to high crimes: yet we have seen -that the treaty includes crimes which may be of low degree--low -indeed! A hare or a partridge from a preserve; a loaf of bread -to sustain life; a sixpenny counterfeit note passed; a shed -burnt; a weapon lifted, without striking! The message says all -political crimes, all treasons, misprision of treason, libels, and -desertions are excluded. The treaty shows that these offences are -not excluded--that the limitations proposed by Mr. Jefferson are -not inserted; and, consequently, under the head of murder, the -insurgent, the rebel, and the traitor who has shed blood, may be -given up; and so of other offences. When once surrendered, he may be -tried for any thing. The fate of Jonathan Robbins, alias Nash, is a -good illustration of all this. He was a British sailor--was guilty -of mutiny, murder, and piracy on the frigate Hermione--deserted -to the United States--was demanded by the British minister as a -murderer under Jay's treaty--given up as a murderer--then tried by a -court-martial on board a man-of-war for mutiny, murder, desertion, -and piracy--found guilty--executed--and his body hung in chains -from the yard-arm of a man-of-war. And so it would be again. The -man given up for one offence, would be tried for another; and in -the number and insignificance of the offences for which he might be -surrendered, there would be no difficulty in reaching any victim -that a foreign government chose to pursue. If this article had -been in force in the time of the Irish rebellion, and Lord Edward -Fitzgerald had escaped to the United States after wounding, as he -did, several of the myrmidons who arrested him, he might have been -demanded as a fugitive from justice, for the assault with intent to -kill; and then tried for treason, and hanged and quartered; and such -will be the operation of the article if it continues. - - - - -CHAPTER CVI. - -BRITISH TREATY; AFRICAN SQUADRON FOR THE SUPPRESSION OF THE -SLAVE TRADE; MR. BENTON'S SPEECH; EXTRACT. - - -The suppression of the African slave-trade is the second subject -included in the treaty; and here the regret renews itself at the -absence of all the customary lights upon the origin and progress -of treaty stipulations. No minutes of conference; no protocols; no -draughts or counterdraughts; no diplomatic notes; not a word of any -kind from one negotiator to the other. Nothing in relation to the -subject, in the shape of negotiation, is communicated to us. Even -the section of the correspondence entitled "_Suppression of the -slave-trade_"--even this section professedly devoted to the subject, -contains not a syllable upon it from the negotiators to each other, -or to their Governments; but opens and closes with communications -from American naval officers, evidently extracted from them by the -American negotiator, to justify the forthcoming of preconceived and -foregone conclusions. Never since the art of writing was invented -could there have been a treaty of such magnitude negotiated with -such total absence of necessary light upon the history of its -formation. Lamentable as is this defect of light upon the formation -of the treaty generally, it becomes particularly so at this point, -where a stipulation new, delicate, and embarrassing, has been -unexpectedly introduced, and falls upon us as abruptly as if it fell -from the clouds. In the absence of all appropriate information from -the negotiators themselves, I am driven to glean among the scanty -paragraphs of the President's message, and in the answers of the -naval officers to the Secretary's inquiries. Though silent as to the -origin and progress of the proposition for this novel alliance, they -still show the important particular of the motives which caused it. - -Passing from the political consequences of this -entanglement--consequences which no human foresight can reach--I -come to the immediate and practical effects which lie within our -view, and which display the enormous inexpediency of the measure. -First: the expense in money--an item which would seem to be entitled -to some regard in the present deplorable state of the treasury--in -the present cry for retrenchment--and in the present heavy taxation -upon the comforts and necessaries of life. This expense for 80 -guns will be about $750,000 per annum, exclusive of repairs and -loss of lives. I speak of the whole expense, as part of the naval -establishment of the United States, and not of the mere expense -of working the ships after they have gone to sea. Nine thousand -dollars per gun is about the expense of the establishment; 80 guns -would be $720,000 per annum, which is $3,600,000 for five years. -But the squadron is not limited to a maximum of 80 guns; that is -the minimum limit: it is to be 80 guns "at the least." And if the -party which granted these 80 shall continue in power, Great Britain -may find it as easy to double the number, as it was to obtain the -first eighty. Nor is the time limited to five years; it is only -determinable after that period by giving notice; a notice not to be -expected from those who made the treaty. At the least, then, the -moneyed expense is to be $3,600,000; if the present party continues -in power, it may double or treble that amount; and this, besides the -cost of the ships. Such is the moneyed expense. In ships, the wear -and tear of vessels must be great. We are to prepare, equip, and -maintain in service, on a coast 4,000 miles from home, the adequate -number of vessels to carry these 80 guns. It is not sufficient -to send the number there; they must be kept up and maintained in -service there; and this will require constant expenses to repair -injuries, supply losses and cover casualties. In the employment of -men, and the waste of life and health, the expenditure must be -large. Ten men and two officers to the gun, is the smallest estimate -that can be admitted. This would require a complement of 960 men. -Including all the necessary equipage of the ship, and above 1,000 -persons will be constantly required. These are to be employed at a -vast distance from home; on a savage coast; in a perilous service; -on both sides of the equator; and in a climate which is death to -the white race. This waste of men--this wear and tear of life and -constitution--should stand for something in a Christian land, and -in this age of roaming philanthropy; unless, indeed, in excessive -love for the blacks, it is deemed meritorious to destroy the whites. -The field of operations for this squadron is great; the term "coast -of Africa" having an immense application in the vocabulary of the -slave-trade. On the western coast of Africa, according to the -replies of the naval officers Bell and Paine, the trade is carried -on from Senegal to Cape Frio--a distance of 3,600 miles, following -its windings as the watching squadrons would have to go. But the -track of the slavers between Africa and America has to be watched, -as well as the immediate coast; and this embraces a space in the -ocean of 35 degrees on each side of the equator (say four thousand -miles), and covering the American coast from Cuba to Rio Janeiro; -so that the coast of Africa--the western coast alone--embraces a -diagram of the ocean of near 4,000 miles every way, having the -equator in the centre, and bounded east and west by the New and -the Old World. This is for the western coast only: the eastern is -nearly as large. The same naval officers say that a large trade -in negroes is carried on in the Mahometan countries bordering on -the Red Sea and the Persian Gulf, and in the Portuguese East India -colonies; and, what is worthy to be told, it is also carried on -in the British presidency of Bombay, and other British Asiatic -possessions. It is true, the officers say the American slavers are -not yet there; but go there they will, according to all the laws of -trading and hunting, the moment they are disturbed, or the trade -fails on the western coast. Wherever the trade exists, the combined -powers must follow it: for good is not to be done by halves, and -philanthropy is not to be circumscribed by coasts and latitudes. -Among all the strange features in the comedy of errors which has -ended in this treaty that of sending American ministers abroad, to -close the markets of the world against the slave-trade, is the most -striking. Not content with the expenses, loss of life, and political -entanglement of this alliance, we must electioneer for insults, and -send ministers abroad to receive, pocket, and bring them home. - -In what circumstances do we undertake all this fine work? What -is our condition at home, while thus going abroad in search of -employment? We raise 1,000 men for foreign service, while reducing -our little army at home! We send ships to the coast of Africa, while -dismounting our dragoons on the frontiers of Missouri and Arkansas! -We protect Africa from slave-dealers, and abandon Florida to savage -butchery! We send cannon, shot, shells, powder, lead, bombs, and -balls, to Africa, while denying arms and ammunition to the young -men who go to Florida! We give food, clothes, pay, to the men who -go to Africa, and deny rations even to those who go to Florida! We -cry out for retrenchment, and scatter $3,600,000 at one broad cast -of the hand! We tax tea and coffee, and send the money to Africa! -We are borrowing and taxing, and striking paper money, and reducing -expenses at home, when engaging in this new and vast expense for the -defence of Africa! What madness and folly! Has Don Quixote come to -life, and placed himself at the head of our Government, and taken -the negroes of Africa, instead of the damsels of Spain, for the -objects of his chivalrous protection? - -The slave-trade is diabolical and infamous; but Great Britain is not -the country to read us a lesson upon its atrocity, or to stimulate -our exertions to suppress it. The nation which, at the peace of -Utrecht, made the _asiento_--the slave contract--a condition of -peace, fighting on till she obtained it; the nation which entailed -African slavery upon us--which rejected our colonial statutes for -its suppression[4]--which has many, many ten millions, of white -subjects in Europe and in Asia in greater slavery of body and -mind, in more bodily misery and mental darkness, than any black -slaves in the United States;--such a nation has no right to cajole -or to dragoon us into alliances and expenses for the suppression -of slavery on the coast of Africa. We have done our part on that -subject. Considering the example and instruction we had from Great -Britain, we have done a wonderful part. The constitution of the -United States, mainly made by slaveholding States, authorized -Congress to put an end to the importation of slaves by a given day. -Anticipating the limited day by legislative action, the Congress -had the law ready to take effect on the day permitted by the -constitution. On the 1st day of January, 1808, Thomas Jefferson -being President of the United States, the importation of slaves -became unlawful and criminal. A subsequent act of Congress following -up the idea of Mr. Jefferson in his first draught of the Declaration -of Independence, qualified the crime as piratical, and delivered up -its pursuers to the sword of the law, and to the vengeance of the -world, as the enemies of the human race. Vessels of war cruising -on the coast of Africa, under our act of 1819, have been directed -to search our own vessels--to arrest the violators of the law, -and bring them in--the ships for confiscation, and the men for -punishment. This was doing enough--enough for a young country, -far remote in the New World, and whose policy is to avoid foreign -connections and entangling alliances. We did this voluntarily, -without instigation, and without supervision from abroad; and now -there can be no necessity for Great Britain to assume a superiority -over us in this particular, and bind us in treaty stipulations, -which destroy all the merit of a voluntary action. We have done -enough; and it is no part of our business to exalt still higher -the fanatical spirit of abolition, which is now become the -stalking-horse of nations and of political powers. Our country -contains many slaves, derived from Africa; and, while holding these, -it is neither politic nor decent to join the crusade of European -powers to put down the African slave-trade. From combinations of -powers against the present slave-takers, there is but a step to the -combination of the same powers against the present slaveholders; -and it is not for the United States to join in the first movement, -which leads to the second. "No entangling alliances" should be her -motto! And as for her part in preventing the foreign slave-trade, -it is sufficient that she prevents her own citizens, in her own -way, from engaging in it; and that she takes care to become neither -the instrument, nor the victim, of European combinations for its -suppression. - - [4] He has waged cruel war against human nature itself, violating - its most sacred rights of life and liberty in the persons of a - distant people who never offended him, captivating and carrying them - into slavery in another hemisphere, or to incur miserable death in - their transportation thither. This piratical warfare--the opprobrium - of _infidel_ powers--is the warfare of the Christian king of Great - Britain, determined to keep open a market where _men_ should be - bought and sold. He has prostituted his negative for suppressing - every legislative attempt to prohibit or restrain this execrable - commerce; and, that this assemblage of horrors might want no fact - of distinguished dye, he is now exciting the very people to rise - in arms among us, and to purchase that liberty of which he has - deprived them, by murdering the people on whom he has obtruded them; - thus paying off former crimes committed against the _liberties_ - of one people, with crimes which he urges them to commit against - the _lives_ of another.--[_Original draught of the Declaration of - Independence, as drawn by Mr. Jefferson, and before it was altered - by the committee._] - -The eighth and ninth articles of the treaty bind us to this naval -alliance with Great Britain. By these articles we stipulate to keep -a squadron of at least 80 guns on the coast of Africa for five -years for the suppression of this trade--with a further stipulation -to keep it up until one or the other party shall give notice of a -design to retire from it. This is the insidious way of getting an -onerous measure saddled upon the country. Short-sighted people are -fascinated with the idea of being able to get rid of the burden -when they please; but such burdens are always found to be the most -interminable. In this case Great Britain will never give the notice: -our government will not without a congressional recommendation, and -it will be found difficult to unite the two Houses in a request. The -stipulation may be considered permanent under the delusion of a five -years' limit, and an optional continuance. - -The papers communicated do not show at whose instance these articles -were inserted; and the absence of all minutes of conferences leaves -us at a loss to trace their origin and progress in the hands of -the negotiators. The little that is seen would indicate its origin -to be wholly American; evidence _aliunde_ proves it to be wholly -British; and that our Secretary-negotiator was only doing the work -of the British minister in assuming the ostensible paternity of -the articles. In the papers communicated, there is not a syllable -upon the subject from Lord Ashburton. His finger is not seen in -the affair. Mr. Webster appears as sole mover and conductor of the -proposition. In his letter of the 30th of April to Captains Bell and -Paine of the United States navy, he first approaches the subject, -and opens it with a series of questions on the African slave-trade. -This draws forth the answers which I have already shown. This is -the commencement of the business. And here we are struck with the -curious fact, that this letter of inquiry, laying the foundation -for a novel and extraordinary article in the treaty, bears date -44 days before the first written communication from the British -to the American negotiator! and 47 days before the first written -communication from Mr. Webster to Lord Ashburton! It would seem that -much was done by word of mouth before pen was put to paper; and that -in this most essential part of the negotiations, pen was not put -to paper at all, from one negotiator to the other, throughout the -whole affair. Lord Ashburton's name is never found in connection -with the subject! Mr. Webster's only in the notes of inquiry to -the American naval officers. Even in these he does not mention the -treaty, nor allude to the negotiation, nor indicate the purpose -for which information was sought! So that this most extraordinary -article is without a clew to its history, and stands in the treaty -as if it had fallen from the clouds, and chanced to lodge there! -Even the President's message, which undertakes to account for the -article, and to justify it, is silent on the point, though laboring -through a mass of ambiguities and obscurities, evidently calculated -to raise the inference that it originated with us. From the papers -communicated, it is an American proposition, of which the British -negotiator knew nothing until he signed the treaty. That is the -first place where his name is seen in conjunction with it, or seen -in a place to authorize the belief that he knew of it. Yet, it is -certainly a British proposition; it is certainly a British article. -Since the year 1806 Great Britain has been endeavoring to get the -United States into some sort of arrangement for co-operation in the -suppression of the African slave-trade. It was slightly attempted in -Mr. Jefferson's time--again at Ghent; but the warning-voice of the -Father of his country--_no entangling alliances_--saved us on each -occasion. Now we are yoked--yoked in with the British on the coast -of Africa; and when we can get free from it, no mortal can foresee. - - - - -CHAPTER CVII. - -EXPENSE OF THE NAVY: WASTE OF MONEY NECESSITY OF A NAVAL PEACE -ESTABLISHMENT, AND OF A NAVAL POLICY. - - -The naval policy of the United States was a question of party -division from the origin of parties in the early years of the -government--the federal party favoring a strong and splendid navy, -the republican a moderate establishment, adapted to the purposes of -defence more than of offence: and this line of division between the -parties (under whatsoever names they have since worn), continues -more or less perceptible to the present time. In this time (the -administration of Mr. Tyler) all the branches being of the same -political party, and retaining the early principles of the party -under the name of whig, the policy for a great navy developed itself -with great vigor. The new Secretary, Mr. Upshur, recommended a large -increase of ships, seamen, and officers, involving an additional -expense of about two millions and a half in the naval branch of the -service; and that at a time when a deficit of fourteen millions -was announced, and a resort to taxes, loans and treasury notes -recommended to make it up; and when no emergency required increase -in that branch of the public service. Such a recommendation brought -on a debate in which the policy of a great navy was discussed--the -necessity of a naval peace establishment was urged--the cost of -our establishment examined--and the waste of money in the naval -department severely exposed. Mr. Calhoun, always attentive to the -economical working of the government, opened the discussion on this -interesting point. - - "The aggregate expense of the British navy in the year 1840 - amounted to 4,980,353 pounds sterling, deducting the expense - of transport for troops and convicts, which does not properly - belong to the navy. That sum, at $4 80 to the pound sterling, is - equal to $23,905,694 46. The navy was composed of 392 vessels - of war of all descriptions, leaving out 36 steam vessels in the - packet service, and 23 sloops fitted for foreign packets. Of the - 392, 98 were line of battle ships, of which 19 were building; - 116 frigates, of which 14 were building; 68 sloops, of which 13 - were building; 44 steam vessels, of which 16 were building; and - 66 gun brigs, schooners, and cutters, of which 12 were building. - - "The effective force of the year--that which was in actual - service, consisted of 3,400 officers, 3,998 petty officers, - 12,846 seamen, and 9,000 marines, making an aggregate of 29,244. - The number of vessels in actual service were 175, of which 24 - were line of battle ships, 31 frigates, 30 steam vessels, and 45 - gun brigs, schooners, and cutters, not including the 30 steamers - and 24 sloops in the packet service, at an average expenditure - of $573 for each individual, including officers, petty officers, - seamen, and marines. - - "Our navy is composed, at present, according to the report - of the Secretary accompanying the President's message, of 67 - vessels--of which 11 are line of battle ships, 17 frigates, - 18 sloops of war, 2 brigs, 4 schooners, 4 steamers, 3 store - ships, 3 receiving vessels, and 5 small schooners. The estimates - for the year are made on the assumption, that there will be - in service during the year, 2 ships of the line, 1 razee, 6 - frigates, 20 sloops, 11 brigs and schooners, 3 steamers, 3 store - ships and 8 small vessels; making in the aggregate, 53 vessels. - The estimates for the year, for the navy and marine corps, - as has been stated, is $8,705,579 83, considerably exceeding - one-third of the entire expenditures of the British navy for - 1840. - - "Mr. C. contended there should be no difference in the expenses - of the two navies. We should build as cheap and employ men as - cheap, or we should not be able to compete with the British - navy. If our navy should prove vastly more expensive than the - British navy, we might as well give up, and he recommended this - matter to the consideration of the Senate. - - "Among the objects of retrenchment, I place at the head the - great increase that is proposed to be made to the expenditures - of the navy, compared with that of last year. It is no less - than $2,508,032 13, taking the expenditures of last year from - the annual report of the Secretary. I see no sufficient reason, - at this time, and in the present embarrassed condition of the - Treasury, for this great increase. I have looked over the - report of the Secretary hastily, and find none assigned, except - general reasons, for an increased navy, which I am not disposed - to controvert. But I am decidedly of the opinion, that the - commencement ought to be postponed till some systematic plan is - matured, both as to the ratio of increase and the description - of force of which the addition should consist, and till the - department is properly organized, and in a condition to enforce - exact responsibility and economy in its disbursements. That the - department is not now properly organized, and in that condition, - we have the authority of the Secretary himself, in which I - concur. I am satisfied that its administration cannot be made - effective under the present organization, particularly as it - regards its expenditures." - - "The expenses of this government were of three classes: the - civil list, the army and the navy; and all of these had been - increased enormously since 1823. The remedy now was to compare - the present with the past, mark the difference, and compel the - difference to be accounted for. He cited 1823, and intended to - make that the standard, because that was the standard for him, - the government being then economically administered. He selected - 1823, also, because in 1824 we commenced a new system, and that - of protection, which had done so much evil. We had made two - tariffs since then, the origin of all evils. The civil list rose - in seventeen years from about $2,000,000 to $6,000,000--nearly a - threefold proportion compared with the increase of population. - In Congress the increase had been enormous. The increase of - contingent expenses had been fivefold, and compared with - population, sixfold. The aggregate expenses of the two Houses - now amounted to more than $250,000. The expense of collecting - revenue had also been enormously increased. From 1823 it had - gone up from $700,000 to $1,700,000--an increase of one million - of dollars. The expense on collection in 1823 was but one per - cent., now one per cent. and 5-100. Under the tariff these - increases were made from 1824 to 1828. Estimating the expenses - of collection at $800,000, about $1,000,000 would be saved. The - judiciary had increased in this proportion, and the light-house - department also. In the war department, in 1822 (the only year - for which he had estimates), the expenses per man were but $264; - now the increase had gone up to $400 for each individual. At one - time it had been as much as $480 for each individual--$1,400,000 - could be saved here in the army proper, including the military - academy alone. It might be said that one was a cheap and the - other a dear year. Far otherwise; meat was never cheaper, - clothing never as cheap as now. All this resulted from the - expansive force of a surplus revenue. In 1822 he had reduced the - expenses of every man in the army. - - "It had been proposed to increase the expenditures of the - navy two and a half millions of dollars over the past year, - and he was not ready for this. Deduct two millions from this - recommendation, and it would be two millions saved. These - appropriations, at least, might go over to the next session. - The expenses of the marine corps amounted to nearly six hundred - thousand dollars, nearly six hundred dollars a head--two hundred - dollars a head higher than the army, cadets and all. He hoped - the other expenses of the navy department were not in proportion - so high as this. Between the reductions which might be made in - the marine corps and the navy, two millions and a half might be - saved. - - "The Secretary of the Treasury estimates for 32 millions of - dollars for the expenses of the current year. I am satisfied - that $17,000,000 were sufficient to meet the per annum expenses - of the government, and that this sum would have been according - to the ratio of population. This sum, by economy, could be - brought down to fifteen millions, and thus save nine millions - over the present estimates. This could be done in three or four - years--the Executive leading the way, and Congress co-operating - and following the Executive." - -This was spoken in the year 1842. Mr. Calhoun was then confident -that the ordinary expenses of the government should not exceed 17 -millions of dollars, and that, with good economy that sum might be -further reduced two millions, making the expenses but 15 millions -per annum. The navy was one of the great points to which he looked -for retrenchment and reduction; and on that point he required that -the annual appropriation for the navy should be decreased instead -of being augmented; and that the money appropriated should be -more judiciously and economically applied. The President should -lead the way in economy and retrenchment. Organization as well -as economy was wanted in the navy--a properly organized peace -establishment. The peace establishment of the British navy in 1840, -was 24 millions--there being 173 vessels in commission. Instead -of reduction, the expense of our navy, also in time of peace, is -gaining largely upon hers. It is nearly doubled since Mr. Calhoun -spoke--15 millions in 1855. - -Mr. Woodbury, who had been Secretary of the Navy under President -Jackson, spoke decidedly against the proposed increase, and against -the large expenditure in the department, and its unfavorable -comparison with the expenses of the British navy in time of peace. -He said: - - "There are twenty-nine or thirty post-captains now on leave or - waiting orders, and from thirty to forty commanders. Many of - them are impatient to be called into active service--hating a - life of indolence--an idle loafing life--and who are anxious - to be performing some public service for the pay they receive. - It was, generally, not their fault that they were not on duty; - but ours, in making them so numerous that they could not be - employed. He dwelt on the peace establishment of England--for - her navy averaged L18,000,000 in time of war, before the year - 1820--but her peace establishment was now only L5,000,000 to - 6,000,000. Gentlemen talk of 103 post-captains being necessary, - for employment in commission; while England has only 70 - post-captains employed in vessels in commission. She had fewer - commanders so employed than our whole number of the same grade. - - "The host of English navy officers was on retired and - half-pay--less in amount than ours by one-third when full, and - not one-half of full pay often, when retired; and her seamen - only half. Her vessels afloat, also, were mostly small ones--63 - of them being steamers, with only one or two guns on an average. - - "That the navy ought to be regulated by law, every gentleman - admits. Without any express law, was there not a manifest - propriety in any proviso which should prevent the number of - appointments from being carried half up, or quite up to the - standard of the British navy, on full pay? It would be a great - relief to the Executive, and the head of the Navy Department, to - fix some limitation on appointments, by which the importunities - with which they are beset shall not be the occasion of - overloading the Government with a greater number of officers in - any grade than the exigencies of the service actually demand. A - clerk in any public office, a lieutenant in the army, a judge - could not be appointed without authority of law; and why should - there not be a similar check with regard to officers in the navy? - - "It was urged heretofore, in official communications by himself, - that it would be proper to limit Executive discretion in this; - and a benefit to the Executive and the departments would also - accrue by passing laws regulating the peace establishment. He - had submitted a resolution for that purpose, in December last, - which had not been acted on; though he hoped it yet would be - acted upon before our adjournment. It was better to bring this - matter forward in an appropriation bill, than that there should - be no check at all. It is the only way in which the House now - finds it practicable to effect any control on this question. It - could only be done in an appropriation bill, which gives that - House the power of control as to navy officers. There should - be no reflection on the House on this account; for there is no - reflection on the Executive or the Senate. It is their right and - duty in the present exigency. He considered the introduction - of it into this bill under all the circumstances, not only - highly excusable, but justifiable. He did not mean to say that - a separate law would not, in itself, if prepared early and - seasonably, be more desirable; but he contended this check was - better than none at all. When acting on this proviso the Senate - is acting on the whole bill. It was not put in without some - meaning. It was not merely to strip the Executive and the Senate - of the appointing power, now unlimited: its object was to reduce - the expenses of the navy, from the Secretary of the Navy's - estimate of eight and a half millions of dollars, to about - $6,293,000. That was the whole effect of the whole measure, and - of all the changes in the bill. - - "The difference between both sides of the Senate on this - subject seemed to be, that one believed the navy ought to be - kept upon a _quasi_ war establishment; and the other, in peace - and not expecting war, believed it ought to be on a peace - establishment;--not cut down below that, but left liberally for - peace. - - "During the administration of the younger Adams, there was a - peace establishment of the navy; and was it not then perfectly - efficient and prosperous for all peace purposes? Yet the average - expenditure then was only from three to four millions. It was so - under General Jackson. Under Mr. Adams, piracy was extirpated in - the West Indies. Under his successor, the Malays in the farthest - India were chastised; and a semi-banditti broken up at the - Falkland Islands. It was not till 1836 '37 that a large increase - commenced. But why? Because there was an overflowing treasury. - We were embarrassed with money, rather than for money. An - exploring expedition was then decided upon. But even with that - expedition--so noble and glorious in some respects--six millions - and a fraction were the whole expenses. But why should it now at - once be raised to eight and a half millions?" - -The British have a peace as well as a war establishment for their -navy; and the former was usually about one-third of the latter. We -have no naval peace establishment. It is all on the war footing, -and is now (1855) nearly double the expense of what it was in the -war with Great Britain. A perpetual war establishment, when there -is no war. This is an anomaly which no other country presents, and -which no country can stand, and arises from the act of 1806, which -authorizes the President "_to keep in actual service, in time of -peace, so many of the frigates and other armed public vessels of the -United States as in his judgment the nature of the service might -require, and to cause the residue thereof to be laid up in ordinary -in convenient ports_." This is the discretion which the act of 1806 -gives to the President--unlimited so far as that clause goes; but -limited by two subsequent clauses limiting the number of officers to -be employed to 94, and the whole number of seamen and boys to 925; -and placing the unemployed officers on half pay without rations--a -degree of reduction which made them anxious to be at sea instead of -remaining unemployed at home. Under Mr. Jefferson, then, the act -of 1806 made a naval peace establishment; but doing away all the -limitations of that act, and leaving nothing of it in force but the -presidential discretion to employ as many vessels as the service -might require, the whole navy is thrown into the hands of the -President: and the manner in which he might exercise that discretion -might depend entirely upon the view which he would take of the naval -policy which ought to be pursued--whether great fleets for offence, -or cruisers for defence. All the limitations of the act of 1806 have -been thrown down--even the limitation to half pay; and unemployed -pay has been placed so high as to make it an object with officers to -be unemployed. Mr. Reuel Williams, of Maine, exposed this solecism -in a few pertinent remarks. He said: - - "Half of the navy officers are now ashore, and there can be no - necessity for such a number of officers as to admit of half - being at sea, and the other half on land. Such was not the case - heretofore. It was in 1835 that such increase of shore pay was - made, as caused it to be the interest of the officers to be off - duty. The only cure for this evil was, either to reduce the pay - when off duty, or to limit the time of relaxation, and to adjust - the number to the actual requirements of the service." - -The vote was taken upon the increase proposed by the Secretary of -the Navy, and recommended by the President, and it was carried by -one vote--the yeas and nays being well defined by the party line. - - "YEAS--Messrs. Archer, Barrow, Bates, Berrien, Choate, Clayton, - Conrad, Crittenden, Evans, Graham, Henderson, Huntington, Kerr, - Mangum, Merrick, Miller, Morehead, Porter, Preston, Rives, - Simmons, Tallmadge, and Woodbridge--23." - - "NAYS--Messrs. Allen, Bagby, Benton, Buchanan, Crafts, Cuthbert, - Fulton, King, Linn, McRoberts, Sevier, Smith of Connecticut, - Smith of Indiana, Sturgeon, Tappan, Walker, White, Wilcox, - Williams, Woodbury, Wright and Young--22." - -Mr. Benton spoke chiefly to the necessity of having a naval -policy--a policy which would determine what was to be relied on--a -great navy for offence, or a moderate one for defence; and a peace -establishment in time of peace, or a war establishment in peace as -well as war. Some extracts from his speech are given in the next -chapter. - - - - -CHAPTER CVIII. - -EXPENSES OF THE NAVY: MR. BENTON'S SPEECH: EXTRACTS. - - -I propose to recall to the recollection of the Senate the attempt -which was made in 1822--being seven years after the war--to limit -and fix a naval peace establishment; and to fix it at about -one-fourth of what is now proposed, and that that establishment -was rejected because it was too large. Going upon the plan of Mr. -Jefferson's act of 1806, it took the number of men and officers -for the limitation, discouraged absence on shore by reducing the -pay one-half and withholding rations; collected timber for future -building of vessels; and directed all to remain in port which -the public service did not require to go abroad. It provided for -one rear-admiral; five commodores; twenty-five captains; thirty -masters commandant; one hundred and ninety lieutenants; four -hundred midshipmen; thirty-five surgeons; forty-five surgeon's -mates: six chaplains; forty pursers; and three thousand five -hundred men and boys--in all a little over four thousand men. Yet -Congress refused to adopt this number. This shows what Congress -then thought of the size of a naval peace establishment. Mr. B. was -contemporary with that bill--supported it--knows the reason why it -was rejected--and that was, because Congress would not sanction so -large an establishment. To this decision there was a close adherence -for many years. In the year 1833--eleven years after that time, -and when the present senator from New Hampshire [Mr. WOODBURY] was -Secretary of the Navy, the naval establishment was but little above -the bill of 1822. It was about five thousand men, and cost about -four millions of dollars, and was proposed by that Secretary to be -kept at about that size. Here Mr. B. read several extracts from -Mr. Woodbury's report of 1833--the last which he made as Secretary -of the Navy--which verified these statements. Mr. B. then looked -to the naval establishment on the 1st of January, 1841, and showed -that the establishment had largely increased since Mr. Woodbury's -report, and was far beyond my calculation in 1822. The total number -of men, of all grades, in the service in 1841, was a little over -eight thousand; the total cost about six millions of dollars--being -double the amount and cost of the proposed peace establishment of -the United States in the year 1822, and nearly double the actual -establishment of 1833. Mr. B. then showed the additions made by -executive authority in 1841, and that the number of men was carried -up to upwards of eleven thousand, and the expense for 1842 was to -exceed eight millions of dollars! This (he said) was considered an -excessive increase; and the design now was to correct it, and carry -things back to what they were a year before. This was the design; -and this, so far from being destructive to the navy, was doing far -more for it than its most ardent friends proposed or hoped for a few -years before. - -Mr. B. here exhibited a table showing the actual state of the navy, -in point of numbers, at the commencement of the years 1841 and 1842; -and showed that the increase in one year was nearly as great as it -had been in the previous twenty years; and that its totality at -the latter of these periods was between eleven and twelve thousand -men, all told. This is what the present administration has done -in one year--the first year of its existence: and it is only the -commencement of their plan--the first step in a long succession of -long steps. The further increases, still contemplated were great, -and were officially made known to the Congress, and the estimates -increased accordingly. To say nothing of what was in the Senate in -its executive capacity, Mr. B. would read a clause from the report -of the Senate's Committee on Naval Affairs, which showed the number -of vessels which the Secretary of the Navy proposed to have in -commission, and the consequent vast increase of men and money which -would be required. (The following is the extract from Mr. Bayard's -report): - - "The second section of the act of Congress of the 21st April, - 1806, expressly authorizes the President 'to keep in actual - service, in time of peace, so many of the frigates and other - public armed vessels of the United States, as in his judgment - the nature of the service may require.' In the exercise of this - discretion, the committee are informed by the Secretary of the - Navy that he proposes to employ a squadron in the Mediterranean, - consisting of two ships of the line, four frigates, and four - sloops and brigs--in all, ten vessels; another squadron on the - Brazil station, consisting, also, of two ships-of-the-line, four - frigates, and four sloops and brigs; which two squadrons will be - made from time to time to exchange their stations, and thus to - traverse the intermediate portion of the Atlantic. He proposes, - further, to employ a squadron in the Pacific, consisting of one - ship-of-the-line, two frigates, and four sloops; and a similar - squadron of one ship of the line, two frigates, and four sloops - in the East Indies; which squadrons, in like manner, exchanging - from time to time their stations, will traverse the intermediate - portion of the Pacific, giving countenance and protection to the - whale fishery in that ocean. He proposes, further, to employ - a fifth squadron, to be called the home squadron, consisting - of one ship-of-the-line, three frigates, and three sloops, - which, besides the duties which its name indicates, will have - devolved upon it the duties of the West India squadron, whose - cruising ground extended to the mouth of the Amazon, and as far - as the 30th degree of west longitude from London. He proposes, - additionally, to employ on the African coast one frigate and - four sloops and brigs--in all, five vessels; four steamers in - the Gulf of Mexico, and four steamers on the lakes. There will - thus be in commission seven ships-of-the-line, sixteen frigates, - twenty-three sloops and brigs, and eight steamers--in all, - fifty-four vessels." - -This is the report of the committee. This is what we are further -to expect. Five great squadrons, headed by ships of the line; and -one of them that famous home squadron hatched into existence at -the extra session one year ago, and which is the ridicule of all -except those who live at home upon it, enjoying the emoluments of -service without any service to perform. Look at it. Examine the -plan in its parts, and see the enormity of its proportions. Two -ships-of-the-line, four frigates, and four sloops and brigs for -the Mediterranean--a sea as free from danger to our commerce as -is the Chesapeake Bay. Why, sir, our Secretary is from the land -of Decatur, and must have heard of that commander, and how with -three little frigates, one sloop, and a few brigs and schooners, -he humbled Algiers, Tripoli, and Tunis, and put an end to their -depredations on American ships and commerce. He must have heard -of Lord Exmouth, who, with less force than he proposes to send -to the Mediterranean, went there and crushed the fortifications -of Algiers, and took the bond of the pirates never to trouble a -Christian again. And he must have heard of the French, who, since -1830, are the owners of Algiers. Certainly the Mediterranean is -as free from danger to-day as is the Chesapeake Bay; and yet our -Secretary proposes to send two ships-of-the-line, four frigates, -and four sloops to that safe sea, to keep holiday there for three -years. Another squadron of the same magnitude is to go to Brazil, -where a frigate and a sloop would be the extent that any emergency -could require, and more than has ever been required yet. The same -of the Pacific Ocean, where Porter sailed in triumph during the -war with one little frigate; and a squadron to the East Indies, -where no power has any navy, and where our sloops and brigs would -dominate without impediment. In all fifty-four men-of-war! Seven -ships-of-the-line, sixteen frigates, twenty-three sloops and brigs, -and eight steamers. And all this under Jefferson's act of 1806, when -there was not a ship-of-the-line, nor a large frigate, nor twenty -vessels of all sorts, and part of them to remain in port--only the -number going forth that would require nine hundred and twenty-five -men to man them! just about the complement of one of these seven -ships-of-the-line. Does not presidential discretion want regulating -when such things as these can be done under the act of 1806? Has -any one calculated the amount of this increase, and counted up the -amount of men and money which it will cost? The report does not, -and, in that respect, is essentially deficient. It ought to be -counted, and Mr. B. would attempt it. He acknowledged the difficulty -of such an undertaking; how easy it was for a speaker--and -especially such a speaker as he was--to get into a fog when he got -into masses of millions, and so bewilder others as well as himself. -To avoid this, details must be avoided, and results made plain by -simplifying the elements of calculation. He would endeavor to do -so, by taking a few plain data, in this case--the data correct in -themselves, and the results, therefore, mathematically demonstrated. - -He would take the guns and the men--show what we had now, and what -we proposed to have; and what was the cost of each gun afloat, -and the number of men to work it. The number of guns we now have -afloat is nine hundred and thirty-seven; the number of men between -eleven and twelve thousand; and the estimated cost for the whole, -a fraction over eight millions of dollars. This would give about -twelve men and about nine thousand dollars to each gun. [Mr. BAYARD -asked how could these nine thousand dollars a gun be made out?] Mr. -BENTON replied. By counting every thing that was necessary to give -you the use of the gun--every thing incident to its use--every thing -belonging to the whole naval establishment. The end, design, and -effect of the whole establishment, was to give you the use of the -gun. That was all that was wanted. But, to get it, an establishment -had to be kept up of vast extent and variety--of shops and yards on -land, as well as ships at sea--of salaries and pensions, as well as -powder and balls. Every expense is counted, and that gives the cost -per gun. Mr. B. said he would now analyze the gentleman's report, -and see what addition these five squadrons would make to the expense -of the naval establishment. The first point was, to find the number -of guns which they were to bear, and which was the element in the -calculation that would lead to the results sought for. Recurring -to the gentleman's report, and taking the number of each class of -vessels, and the number of guns which each would carry, and the -results would be: - - 7 ships-of-the-line, rating 74, but carrying - 80 guns, 560 - 16 frigates, 44 guns each, 704 - 13 sloops, 20 guns each, 260 - 10 brigs, 10 guns each, 100 - 8 steamers, 10 guns each, 80 - ------ - 1,704 - -Here (said Mr. B.) is an aggregate of 1,704 guns, which, at $9,000 -each gun, would give $15,336,000, as the sum which the Treasury -would have to pay for a naval establishment which would give us -the use of that number. Deduct the difference between the 937, -the present number of guns, and this 1,704, and you have 767 for -the increased number of guns, which, at $9,000 each, will give -$6,903,000 for the increased cost in money. This was the moneyed -result of the increase. Now take the personal increase--that is to -say, the increased number of men which the five squadrons would -require. Taking ten men and two officers to the gun--in all, -twelve--and the increased number of men and officers required for -767 guns would be 8,204. Add these to the 11,000 or 12,000 now in -service, and you have close upon 20,000 men for the naval peace -establishment of 1843, costing about fifteen millions and a half of -dollars. - -But I am asked, and in a way to question my computation, how I -get at these nine thousand dollars cost for each gun afloat? -I answer--by a simple and obvious process. I take the whole -annual cost of the navy department, and then see how many guns -we have afloat. The object is to get guns afloat, and the whole -establishment is subordinate and incidental to that object. Not -only the gun itself, the ship which carries it, and the men who -work it, are to be taken into the account, but the docks and -navy-yards at home, the hospitals and pensions, the marines and -guards--every thing, in fact, which constituted the expense of -the naval establishment. The whole is employed, or incurred, to -produce the result--which is, so many guns at sea to be fired upon -the enemy. The whole is incurred for the sake of the guns, and -therefore all must be counted. Going by this rule (said Mr. B.), -it would be easily shown that his statement of yesterday was about -correct--rather under than over; and this could be seen by making -a brief and plain sum in arithmetic. We have the number of guns -afloat, and the estimated expense for the year: the guns 936; the -estimate for the year is $8,705,579. Now, divide this amount by the -number of guns, and the result is a little upwards of $9,200 to each -one. This proves the correctness of the statement made yesterday; -it proves it for the present year, which is the one in controversy. -The result will be about the same for several previous years. Mr. B. -said he had looked over the years 1841 and 1838, and found this to -be the result: in 1841, the guns were 747, and the expense of the -naval establishment $6,196,516. Divide the money by the guns, and -you have a little upwards of $8,300. In 1838, the guns were 670, and -the expense $5,980,971. This will give a little upwards of $8,900 -to the gun. The average of the whole three years will be just about -$9,000. - -Thus, the senator from New Hampshire [Mr. WOODBURY] and himself were -correct in their statement, and the figures proved it. At the same -time, the senator from Delaware [Mr. BAYARD] is undoubtedly correct -in taking a small number of guns, and saying they may be added -without incurring an expense of more than three or four thousand -dollars. Small additions may be made, without incurring any thing -but the expense of the gun itself, and the men who work it. But -that is not the question here. The question is to almost double the -number; it is to carry up 937 to 1,700. Here is an increase intended -by the Secretary of the Navy of near 800 guns--perhaps quite 800, -if the seventy-fours carry ninety guns, as intimated by the senator -[Mr. BAYARD] this day. These seven or eight hundred guns could not -be added without ships to carry them, and all the expense on land -which is incident to the construction of these ships. These seven or -eight hundred additional guns would require seven or eight thousand -men, and a great many officers. Ten men and two officers to the gun -is the estimate. The present establishment is near that rate, and -the increase must be in the same proportion. The present number -of men in the navy, exclusive of officers, is 9,784: which is a -fraction over ten to the gun. The number of officers now in service -(midshipmen, surgeons, &c., included) is near 1,300, besides the -list of nominations not yet confirmed. This is in the proportion -of nearly one and a half to a gun. Apply the whole to the intended -increase--the increase which the report of the committee discloses -to us--and you will have close upon 17,000 men and 2,000 officers -for the peace establishment of the navy--in all, near 20,000 men! -and this, independent of those employed on land, and the 2,000 -mechanics and laborers who are usually at our navy-yards. Now, these -men and officers cost money: two hundred and twenty-six dollars -per annum per man, and eight hundred and fifty dollars per annum -per officer, was the average cost in 1833, as stated in the report -of the then Secretary of the Navy, the present senator from New -Hampshire [Mr. WOODBURY]. What it is now, Mr. B. did not know, but -knew it was greater for the officers now, than it was then. But one -thing he did know--and that was, that a naval peace establishment of -the magnitude disclosed in the committee's report (six squadrons, 54 -vessels, 1,700 guns, 17,000 men, and 2,000 or 3,000 officers) would -break down the whole navy of the United States. - -Mr. B. said we had just had a presidential election carried on a -_hue-and-cry_ against extravagance, and a _hurrah_ for a change, -and a promise to carry on the government for thirteen millions of -dollars; and here were fifteen and a half millions for one branch -of the service! and those who oppose it are to be stigmatized as -architects of ruin, and enemies of the navy; and a _hue-and-cry_ -raised against them for the opposition. He said we had just voted -a set of resolutions [Mr. CLAY'S] to limit the expenses of the -government to twenty-two millions; and yet here are two-thirds of -that sum proposed for one branch of the service--a branch which, -under General Jackson's administration, cost about four millions, -and was intended to be limited to about that amount. This was the -economy--the retrenchment--the saving of the people's money, which -was promised before the election! - -Mr. B. would not go into points so well stated by the senator from -New Hampshire [Mr. WOODBURY] on yesterday, that our present peace -naval establishment exceeds the cost of the war establishment during -the late war; that we pay far more money, and get much fewer guns -and men than the British do for the same money. He would omit the -tables which he had on hand to prove these important points, and -would go on to say that it was an obligation of imperious duty on -Congress to arrest the present state of things; to turn back the -establishment to what it was a year ago; and to go to work at the -next session of Congress to regulate the United States naval peace -establishment by law. When that bill came up, a great question -would have to be decided--the question of a navy for defence, or -for offence! When that question came on, he would give his opinion -upon it, and his reasons for that opinion. A navy of some degree, -and of some kind, all seemed to be agreed upon; but what it is to -be--whether to defend our homes, or carry war abroad--is a question -yet to be decided, and on which the wisdom and the patriotism of -the country would be called into requisition. He would only say, -at present, that coasts and cities could be defended without great -fleets at sea. The history of continental Europe was full of the -proofs. England, with her thousand ships, could do nothing after -Europe was ready for her, during the late wars of the French -revolution. He did not speak of attacks in time of peace, like -Copenhagen, but of Cadiz and Teneriffe in 1797, and Boulogne and -Flushing in 1804, where Nelson, with all his skill and personal -daring, and with vast fleets, was able to make no impression. - -Mr. B. said the navy was popular, and had many friends and -champions; but there was such a thing as killing by kindness. He -had watched the progress of events for some time, and said to his -friends (for he made no speeches about it) that the navy was in -danger--that the expense of it was growing too fast--that there -would be reaction and revulsion. And he now said that, unless things -were checked, and moderate counsels prevailed, and law substituted -for executive discretion (or indiscretion, as the case might be), -the time might not be distant when this brilliant arm of our defence -should become as unpopular as it was in the time of the elder Mr. -Adams. - - - - -CHAPTER CIX. - -MESSAGE OF THE PRESIDENT AT THE OPENING OF THE REGULAR SESSION -OF 1842-3. - - -The treaty with Great Britain, and its commendation, was the -prominent topic in the forepart of the message. The President -repeated, in a more condensed form, the encomiums which had been -passed upon it by its authors, but without altering the public -opinion of its character--which was that it was really a _British_ -treaty, Great Britain getting every thing settled which she wished, -and all to her own satisfaction; while all the subjects of interest -to the United States were adjourned to an indefinite future time, -as well known then as now never to occur. One of these deferred -subjects was a matter of too much moment, and pregnant with too -grave consequences, to escape general reprobation in the United -States: it was that of the Columbia River, exclusively possessed by -the British under a joint-occupation treaty: and which possession -only required time to ripen it into a valid title. The indefinite -adjournment of that question was giving Great Britain the time -she wanted; and the danger of losing the country was turning the -attention of the Western people towards saving it by sending -emigrants to occupy it. Many emigrants had gone: more were going: -a tide was setting in that direction. In fact the condition of -this great American territory was becoming a topic of political -discussion, and entering into the contests of party; and the -President found it necessary to make further excuses for omitting to -settle it in the Ashburton treaty, and a necessity to attempt to do -something to soothe the public mind. He did so in this message: - - "It would have furnished additional cause for congratulation, if - the treaty could have embraced all subjects calculated in future - to lead to a misunderstanding between the two governments. The - territory of the United States, commonly called the Oregon - Territory, lying on the Pacific Ocean, north of the forty-second - degree of latitude, to a portion of which Great Britain lays - claim, begins to attract the attention of our fellow-citizens; - and the tide of population, which has reclaimed what was so - lately an unbroken wilderness in more contiguous regions, is - preparing to flow over those vast districts which stretch - from the Rocky Mountains to the Pacific Ocean. In advance of - the acquirement of individual rights to these lands, sound - policy dictates that every effort should be resorted to by the - two governments to settle their respective claims. It became - manifest, at an early hour of the late negotiations, that - any attempt, for the time being, satisfactorily to determine - those rights, would lead to a protracted discussion which - might embrace, in its failure, other more pressing matters; - and the Executive did not regard it as proper to waive all the - advantages of an honorable adjustment of other difficulties of - great magnitude and importance, because this, not so immediately - pressing, stood in the way. Although the difficulty referred to - may not, for several years to come, involve the peace of the two - countries, yet I shall not delay to urge on Great Britain the - importance of its early settlement." - -The excuse given for the omission of this subject in the Ashburton -negotiations is lame and insufficient. Protracted discussion is -incident to all negotiations, and as to losing other matters of -more pressing importance, all that were of importance to the United -States were given up any way, and without getting any equivalents -for them. The promise to urge an early settlement could promise -but little fruit after Great Britain had got all she wanted; and -the discouragement of settlement, by denying land titles to the -emigrants until an adjustment could be made, was the effectual way -to abandon the country to Great Britain. But this subject will -have an appropriate chapter in the history of the proceedings of -Congress to encourage that emigration which the President would -repress. - -The termination of the Florida war was a subject of just -congratulation with the President, and was appropriately -communicated to Congress. - - "The vexatious, harassing, and expensive war which so long - prevailed with the Indian tribes inhabiting the peninsula of - Florida, has happily been terminated; whereby our army has been - relieved from a service of the most disagreeable character, and - the Treasury from a large expenditure. Some casual outbreaks may - occur, such as are incident to the close proximity of border - settlers and the Indians; but these, as in all other cases, - may be left to the care of the local authorities, aided, when - occasion may require, by the forces of the United States." - -The President does not tell by what treaty of peace this war was -terminated, nor by what great battle it was brought to a conclusion: -and there were none such to be told--either of treaty negotiated, -or of battle fought. The war had died out of itself under the -arrival of settlers attracted to its theatre by the Florida armed -occupation act. No sooner did the act pass, giving land to each -settler who should remain in the disturbed part of the territory -five years, than thousands repaired to the spot. They went with -their arms and ploughs--the weapons of war in one hand and the -implements of husbandry in the other--their families, flocks and -herds, established themselves in blockhouses, commenced cultivation, -and showed that they came to stay, and intended to stay. Bred to -the rifle and the frontier, they were an overmatch for the Indians -in their own mode of warfare; and, interested in the peace of the -country, they soon succeeded in obtaining it. The war died out under -their presence, and no person could tell when, nor how; for there -was no great treaty held, or great battle fought, to signalize its -conclusion. And this is the way to settle all Indian wars--the -cheap, effectual and speedy way to do it: land to the armed settler, -and rangers, when any additional force is wanted--rangers, not -regulars. - -But a government bank, under the name of exchequer, was the -prominent and engrossing feature of the message. It was the -same paper-money machine, borrowed from the times of Sir Robert -Walpole, which had been recommended to Congress at the previous -session and had been so unanimously repulsed by all parties. -Like its predecessor it ignored a gold and silver currency, and -promised paper. The phrases "sound currency"--"sound circulating -medium"--"safe bills convertible at will into specie," figured -throughout the scheme; and to make this government paper a local -as well as a national currency, the denomination of its notes -was to be carried down at the start to the low figure of five -dollars--involving the necessity of reducing it to one dollar as -soon as the banishment of specie which it would create should raise -the usual demand for smaller paper. To do him justice, his condensed -argument in favor of this government paper, and against the gold and -silver currency of the constitution, is here given: - - "There can be but three kinds of public currency: 1st. Gold - and silver; 2d. The paper of State institutions; or, 3d. A - representative of the precious metals, provided by the general - government, or under its authority. The sub-treasury system - rejected the last, in any form; and, as it was believed that no - reliance could be placed on the issues of local institutions, - for the purposes of general circulation, it necessarily and - unavoidably adopted specie as the exclusive currency for its - own use. And this must ever be the case, unless one of the - other kinds be used. The choice, in the present state of public - sentiment, lies between an exclusive specie currency on the one - hand, and government issues of some kind on the other. That - these issues cannot be made by a chartered institution, is - supposed to be conclusively settled. They must be made, then, - directly by government agents. For several years past, they have - been thus made in the form of treasury notes, and have answered - a valuable purpose. Their usefulness has been limited by their - being transient and temporary; their ceasing to bear interest - at given periods, necessarily causes their speedy return, and - thus restricts their range of circulation; and being used only - in the disbursements of government, they cannot reach those - points where they are most required. By rendering their use - permanent, to the moderate extent already mentioned, by offering - no inducement for their return, and by exchanging them for coin - and other values, they will constitute, to a certain extent, the - general currency so much needed to maintain the internal trade - of the country. And this is the exchequer plan, so far as it may - operate in furnishing a currency." - -It would seem impossible to carry a passion for paper money, and of -the worst kind, that of government paper, farther than President -Tyler did; but he found it impossible to communicate his passion -to Congress, which repulsed all the exchequer schemes with the -promptitude which was due to an unconstitutional, pernicious, -and gratuitous novelty. The low state of the public credit, the -impossibility of making a loan, and the empty state of the Treasury, -were the next topics in the message. - - "I cannot forego the occasion to urge its importance to the - credit of the government in a financial point of view. The - great necessity of resorting to every proper and becoming - expedient, in order to place the Treasury on a footing of the - highest respectability, is entirely obvious. The credit of the - government may be regarded as the very soul of the government - itself--a principle of vitality, without which all its movements - are languid, and all its operations embarrassed. In this - spirit the Executive felt itself bound, by the most imperative - sense of duty, to submit to Congress, at its last session, - the propriety of making a specific pledge of the land fund, - as the basis for the negotiation of the loans authorized to - be contracted. I then thought that such an application of the - public domain would, without doubt, have placed at the command - of the government ample funds to relieve the Treasury from - the temporary embarrassments under which it labored. American - credit had suffered a considerable shock in Europe, from the - large indebtedness of the States, and the temporary inability of - some of them to meet the interest on their debts. The utter and - disastrous prostration of the United States Bank of Pennsylvania - had contributed largely to increase the sentiment of distrust, - by reason of the loss and ruin sustained by the holders of its - stock--a large portion of whom were foreigners, and many of - whom were alike ignorant of our political organization, and of - our actual responsibilities. It was the anxious desire of the - Executive that, in the effort to negotiate the loan abroad, the - American negotiator might be able to point the money-lender - to the fund mortgaged for the redemption of the principal and - interest of any loan he might contract, and thereby vindicate - the government from all suspicion of bad faith, or inability - to meet its engagements. Congress differed from the Executive - in this view of the subject. It became, nevertheless, the duty - of the Executive to resort to every expedient in its power to - negotiate the authorized loan. After a failure to do so in - the American market, a citizen of high character and talent - was sent to Europe--with no better success; and thus the - mortifying spectacle has been presented, of the inability of - this government to obtain a loan so small as not in the whole to - amount to more than one-fourth of its ordinary annual income; - at a time when the governments of Europe, although involved in - debt, and with their subjects heavily burdened with taxation, - readily obtain loans of any amount at a greatly reduced rate of - interest. It would be unprofitable to look further into this - anomalous state of things; but I cannot conclude without adding, - that, for a government which has paid off its debts of two - wars with the largest maritime power of Europe, and now owing - a debt which is almost next to nothing, when compared with its - boundless resources--a government the strongest in the world, - because emanating from the popular will, and firmly rooted in - the affections of a great and free people--and whose fidelity to - its engagements has never been questioned--for such a government - to have tendered to the capitalists of other countries an - opportunity for a small investment of its stock, and yet to - have failed, implies either the most unfounded distrust in its - good faith, or a purpose, to obtain which, the course pursued - is the most fatal which could have been adopted. It has now - become obvious to all men that the government must look to its - own means for supplying its wants; and it is consoling to know - that these means are altogether adequate for the object. The - exchequer, if adopted, will greatly aid in bringing about this - result. Upon what I regard as a well-founded supposition, that - its bills would be readily sought for by the public creditors, - and that the issue would, in a short time, reach the maximum of - $15,000,000, it is obvious that $10,000,000 would thereby be - added to the available means of the treasury, without cost or - charge. Nor can I fail to urge the great and beneficial effects - which would be produced in aid of all the active pursuits - of life. Its effects upon the solvent State banks, while it - would force into liquidation those of an opposite character, - through its weekly settlements, would be highly beneficial; - and, with the advantages of a sound currency, the restoration - of confidence and credit would follow, with a numerous train of - blessings. My convictions are most strong that these benefits - would flow from the adoption of this measure; but, if the result - should be adverse, there is this security in connection with - it--that the law creating it may be repealed at the pleasure of - the legislature, without the slightest implication of its good - faith." - -It is impossible to read this paragraph without a feeling of -profound mortification at seeing the low and miserable condition -to which the public credit had sunk, both at home and abroad; and -equally mortifying to see the wretched expedients which were relied -upon to restore it: a government bank, issuing paper founded on -its credit and revenues, and a hypothecation of the lands, their -proceeds to help to bolster up the slippery and frail edifice -of governmental paper: the United States unable to make a loan -to the amount of one-fourth of its revenues! unable to borrow -five millions of dollars! unable to borrow any thing, while the -overloaded governments of Europe could borrow as much as they -pleased. It was indeed a low point of depressed credit--the lowest -that the United States had ever seen since the declaration of -Independence. It was a state of humiliation and disgrace which could -not be named without offering some reason for its existence; and -that reason was given: it was the "disastrous prostration," as it -was called--the crimes and bankruptcy, as should have been called, -of the Pennsylvania Bank of the United States! that bank which, in -adding Pennsylvania to its name, did not change its identity, or its -nature; and which for ten long years had been the cherished idol of -the President, his Secretary of State, and his exchequer orator on -the floor of the House--for which General Jackson had been condemned -and vituperated--and on the continued existence of which the whole -prosperity of the government and the people, and their salvation -from poverty and misery, was made to depend. That bank was now given -as the cause of the woful plight into which the public credit was -fallen--and truly so given! for while its plunderings were enormous, -its crimes were still greater: and the two put together--an hundred -millions plundered, and a mass of crimes committed--the effect -upon the American name was such as to drive it with disgrace -from every exchange in Europe. And the former champions of the -bank, uninstructed by experience, unabashed by previous appalling -mistakes, now lavish the same encomiums on an exchequer bank which -they formerly did on a national bank; and challenge the same faith -for one which they had invoked for the other. The exchequer is now, -according to them, the sole hope of the country: the independent -treasury and hard money, its only danger. Yet the exchequer was -repulsed--the independent treasury and gold was established: and -the effect, that that same country which was unable to borrow five -millions of dollars, has since borrowed many ten millions, and -is now paying a premium of 20 per centum--actually paying twenty -dollars on the hundred--to purchase the privilege of paying loans -before they are due. - - - - -CHAPTER CX. - -REPEAL OF THE BANKRUPT ACT: MR. BENTON'S SPEECH; EXTRACTS. - - -The spectacle was witnessed in relation to the repeal of this act -which has rarely been seen before--a repeal of a great act of -national legislation by the same Congress that passed it--by the -same members sitting in the same seats--and the repeal approved -by the same President who had approved the enactment. It was a -homage to the will of the people, and the result of the general -condemnation which the act received from the community. It had been -passed as a party measure: its condemnation was general without -regard to party: and the universality of the sentiment against it -was honorable to the virtue and intelligence of the people. In -the commencement of the session 1842-'43, motions were made in -both Houses to repeal the act; and in the Senate the practical -bad working of the act, and of the previous act, was shown as an -evidence of the unfruitfulness of the whole system, and of the -justice and wisdom of leaving the whole relation of debtor and -creditor in relation to insolvency, or bankruptcy, to the insolvent -laws of the States. In offering a petition in the Senate for the -repeal of the act from the State of Vermont, Mr. Benton said: - - "He would take the opportunity which the presentation of this - petition offered, to declare that, holding the bankrupt act to - be unconstitutional at six different points (the extinction - of the debt without the consent of a given majority of the - creditors being at the head of these points), he would vote for - no repeal which would permit the act to continue in force for - the trial of depending cases, unless with provisions which would - bring the action of the law within the constitution. To say - nothing, at present, of other points of unconstitutionality, he - limited himself to the abolition of debts without the consent - of a given majority of the creditors. This, he held, no power - in our country can do. Congress can only go as far as the - bankrupt systems of England and other countries go; and that - is, to require the consent of a given majority of the creditors - (four-fifths in number and value in England and Scotland), and - that founded upon a judicial certificate of integrity by the - commissioners who examined the case, and approved afterwards by - the Lord Chancellor. Upon these principles only could Congress - act: upon these principles the Congress of 1800 acted, in making - a bankrupt act: and to these principles he would endeavor to - conform the action of the present act so long as it might run. - He held all the certificates granted by the courts to be null - and void; and that the question of the validity would be carried - before the courts, and before the tribunal of public opinion. - The federal judges decided the alien and sedition law to be - constitutional. The people reversed that decision, and put down - the men who held it. This bankrupt act was much more glaringly - unconstitutional--much more immoral--and called more loudly - upon the people to rise against it. If he was a United States - judge, he would decide the act to be unconstitutional. If he was - a State court, and one of these certificates of discharge from - debts should be pleaded in bar before him, on an action brought - for the recovery of the old debt, he would treat the certificate - as a nullity, and throw it out of court. If commanded by the - Supreme Court, he would resign first. The English law held all - bankrupts, whose certificates were not signed by the given - majority of the creditors, to be _uncertificated_; and, as - such, he held all these to be who had received certificates - under our law. They had no certificate of discharge from a - given majority of the creditors; and were, therefore, what the - English law called '_uncertificated bankrupts_.' He said the - bankrupt systems formed the creditors into a partnership for the - management of the debtor's estate, and his discharge from debt; - and, in this partnership, a given majority acted for the whole, - all having the same interest in what was lost or saved; and, - therefore, to be governed by a given majority, doing what was - best for the whole. But even to this there were limitations. The - four-fifths could not release the debt of the remaining fifth, - except upon a certificate of integrity from the commissioners - who tried the case, and a final approval by the Lord Chancellor. - The law made itself party to the discharge, as it does in a case - of divorce, and for the sake of good morals; and required the - judicial certificate of integrity, without which the release - of four-fifths of the creditors would not extinguish the debt - of the other fifth. It is only in this way that Congress can - act. It can only act according to the established principles of - the bankrupt systems. It had no inherent or supreme authority - over debts. It could not abolish debts as it pleased. It could - not confound bankruptcy and insolvency, and so get hold of - all debts, and sweep them off as it pleased. All this was - despotism, such as only could be looked for in a government - which had no limits, either on its moral or political powers. - The attempt to confound insolvency and bankruptcy, and to make - Congress supreme over both, was the most daring attack on the - constitution, on the State laws, on the rights of property, - and on public morals, which the history of Europe or America - exhibited. There was no parallel to it in Europe or America. It - was repudiation--universal repudiation of all debts--at the will - of the debtor. The law was subversive of civil society; and he - called upon Congress, the State legislatures, the federal and - State judiciaries--and, above all, the people--to brand it for - unconstitutionality and immorality, and put it down. - - "Mr. B. said he had laid down the law, but he would refer to - the _forms_ which the wisdom of the law provided for executing - itself. These _forms_ were the highest evidences of the law. - They were framed by men learned in the law--approved by the - courts--and studied by the apprentices to the law. They should - also be studied by the journeymen--by the professors--and by - the ermined judges. In this case, especially, they should be so - studied. Bankruptcy was a branch of the law but little studied - in our country. The mass of the community were uninformed upon - it; and the latitudinarians, who could find no limits to the - power of our government were daringly presuming upon the general - ignorance, by undertaking to confound bankruptcy and insolvency, - and claiming for Congress a despotic power over both. This - daring attempt must be chastised. Congress must be driven back - within the pale of the constitution; and for that purpose, the - principles of the bankrupt systems must be made known to the - people. The _forms_ are one of the best modes of doing this: - and here are the _forms_ of a bankrupt's certificate in Great - Britain--the country from which our constitution borrowed the - system. [Mr. B. then read from Jacob's Law Dictionary, title - _Bankruptcy_, at the end of the title, the _three_ forms of - the certificates which were necessary to release a debtor from - his debts.] The first form was that of the commissioners who - examined the case, and who certified to the integrity of the - bankrupt, and that he had conformed in all particulars to the - act. The second form was that of the certificate of four-fifths - of his creditors, '_allowing him to be discharged from his - debts_.' The third was the certificate of the Lord Chancellor, - certifying that notice of these two certificates having been - published for twenty-one days in the London Gazette, and no - cause being shown to the contrary, the certificates granted - by the commissioners and by the creditors were '_confirmed_.' - Then, and not till then, could the debtor be discharged from - his debts; and with all this, the act of 1800 in the United - States perfectly agreed, only taking two-thirds instead of - four-fifths of the creditors. Congress could only absolve debts - in this way, and that among the proper subjects of a bankrupt - law: and the moral sense of the community must revolt against - any attempt to do it in any other form. The present act was - repudiation--criminal repudiation, as far as any one chose to - repudiate--and must be put down by the community." - -On the question for the repeal of the act, Mr. Benton took occasion -to show it to be an invasion of the rights of the States, over the -ordinary relations of debtor and creditor within their own limits, -and a means of eating up estates to the loss of both debtor and -creditor, and the enrichment of assignees, who make the settlement -of the estate a life-long business, and often a legacy to his -children. - - "A question cannot arise between two neighbors about a dozen of - eggs, without being liable to be taken from the custody of the - laws of the States, and brought up to the federal courts. And - now, when this doctrine that insolvency and bankruptcy are the - same, if a continuance of the law is to be contrived, it must be - done in conformity with such a fallacy. The law has proved to be - nothing but a great insolvent law, for the abolition of debts, - for the benefit of debtors; and would it be maintained that a - permanent system ought to be built up on such a foundation as - that? - - "Some months ago, he read in a Philadelphia paper a notice to - creditors to come forward for a dividend of half a cent in - the dollar, in a case of bankruptcy pending under the old law - of 1800, since the year 1801. And, three or four days ago, he - read a notice in a London paper, calling on creditors to come - in for a dividend of five-sixths of a penny in the pound, in a - case of bankruptcy pending since the year 1793. Here has been - a case where the waste of property has been going on for fifty - years in England, and another case where it has been going on in - this country forty-one or forty-two years. He had been himself - twenty-three years in the Senate, and, during that time, various - efforts were made to revive the old law of 1800 in some shape or - other; but never, till last session, in the shape in which the - present law passed. And how could this law be expected to stand, - when even the law of 1800 (which was in reality a bankrupt law) - could not stand; but was, in the first year of its operation, - condemned by the whole country?" - -The passage of the act had been a reproach to Congress: its repeal -should do them honor, and still more the people, under whose -manifest and determined will it was to be done. The repeal bill -readily passed the Senate, and then went to the House, where it was -quickly passed, and under pressure of the previous question, by a -vote 128 to 98. The history of the passage of these two measures -(bankrupt and distribution) each of which came to an untimely end, -is one of those legislative arcana which should be known, that such -legislation may receive the reprobation which it deserves. The -public only sees the outside proceeding, and imagines a wise and -patriotic motive for the enactment of important laws. Too often -there is neither wisdom nor patriotism in such enactment, but -bargain, and selfishness, and duresse of circumstances. So it was in -this case. The misconduct and misfortunes of the banks and the vices -inherent in paper money, which had so long been the currency of the -country, had filled the Union with pecuniary distress, and created -an immense body of insolvent debtors, estimated by some at five -hundred thousand: and all these were clamorous for a bankrupt act. -The State of Mississippi was one of those most sorely afflicted with -this state of things, and most earnest for the act. Her condition -governed the conduct of her senators, and their votes made the -bankrupt act, and passed the fiscal bank through the Senate. Such -are the mysteries of legislation. - -A bankrupt act, though expressly authorized by the constitution, -had never been favored by the American people. It was tried fifty -years ago, and condemned upon a two years' experience. Persevering -efforts had since been made for a period of twenty years to obtain -another act, but in vain. It was the opinion of Mr. Lowndes, -expressed at the last session that he served, that no act framed -upon the principles of the British system would ever be suitable -to our country--that the complex and expensive machinery of the -system, so objectionable in England, where debtors and creditors -were comparatively near together, would be intolerable in the -United States, where they were so widely separated, and the courts -so sparsely scattered over the land, and so inconvenient to the -majority of parties and witnesses. He believed a simple system -might be adopted, reducing the process to a transaction between the -debtor and his creditors, in which courts would have but little to -do except to give effect to their agreement. The principle of his -plan was that there should be a meeting of the creditors, either -on the invitation of the failing debtor, or the summons of a given -number of creditors; and when together, and invested with power to -examine into the debtor's affairs, and to examine books and take -testimony, that they themselves, by a given majority of two-thirds -or three-fourths in value, should decide every question, make a -_pro rata_ division of the effects, and grant a certificate of -release: the release to be of right if the effects were taken. -This simple process would dispense with the vexatious question, of -what constitutes an act of bankruptcy? And substitute for it the -broad inquiry of failing circumstances--in the solution of which, -those most interested would be the judges. It would also save the -devouring expenses of costs and fees, and delays equally devouring, -and the commissioners that must be paid, and the assignees who -frequently become the beneficiaries of the debtor's effects--taking -what he collects for his own fees, and often making a life estate -of it. The estate of a bankrupt, in the hands of an assignee, Mr. -Randolph was accustomed to call, "a lump of butter in a dog's -mouth;" a designation which it might sometimes bear from the -rapidity with which it was swallowed; but more frequently it was -a bone to gnaw, and to be long gnawed before it was gnawed up. As -an evidence of this, Mr. Benton read a notice from a Philadelphia -paper, published while this debate was going on, inviting creditors -to come forward and receive from the assignee a dividend of half a -cent in the dollar, in a case of bankruptcy under the old act of -1800; also a notice in a London paper for the creditors to come in -and receive a dividend of five-sixths of a penny in the pound in a -case depending since 1793--the assignees respectively having been -administering, one of them forty-one years, and the other fifty-two -years, the estate of the debtor; and probably collecting each year -about as much as paid his own fees. - -The system has become nearly intolerable in England. As far back -as the year 1817, the British Parliament, moved by the pervading -belief of the injustice and abuses under their bankrupt laws, -appointed a commissioner to examine into the subject, and to report -the result of their investigation. It was done; and such a mass of -iniquity revealed, as to induce the Lord Chancellor to say that the -system was a disgrace to the country--that the assignees had no -mercy either upon the debtor or his creditors--and that it would -be better to repeal every law on the subject. The system, however, -was too much interwoven with the business of the country to be -abandoned. The report of the commissioners only led to a revision -of the laws and attempted ameliorations; the whole of which were -disregarded by our Congress of 1841, as were the principles of all -previous bankrupt acts either in Great Britain, on the European -Continent, or in the United States. That Congress abandoned the -fundamental principle of all bankrupt systems--that of a proceeding -of the creditors for their own benefit, and made it practically an -insolvent law at the will of the debtor, for the abolition of his -debt at his own pleasure. Iniquitous in itself, vicious in its mode -of being passed, detested by the community, the life of the act was -short and ignominious. Mr. Buchanan said it would be repealed in -two years: and it was. Yet it was ardently contended for. Crowds -attended Congress to demand it. Hundreds of thousands sent up their -petitions. The whole number of bankrupts was stated by the most -moderate at one hundred thousand: and Mr. Walker declared in his -place that, if the act was not passed, thousands of unfortunate -debtors would have to wear the chains of slavery, or be exiled from -their native land. - - - - -CHAPTER CXI. - -MILITARY ACADEMY AND ARMY EXPENSES. - - -The instincts of the people have been against this academy from -the time it took its present form under the act of 1812, and those -subsequent and subsidiary to it: many efforts have been made to -abolish or to modify it: and all unsuccessful--partly from the -intrinsic difficulty of correcting any abuse--partly from the great -number interested in the Academy as an eleemosynary institution -of which they have the benefit--and partly from the wrong way in -which the reformers go to work. They generally move to abolish the -whole system, and are instantly met by Washington's recommendation -in favor of it. In the mean time Washington never saw such an -institution as now shelters behind his name; and possibly would -never have been in the army, except as a private soldier, if it -had existed when he was a young man. He never recommended such an -academy as we have: he never dreamed of such a thing: he recommended -just the reverse of it, in recommending that cadets, serving in the -field with the companies to which they were attached, and receiving -the pay, clothing, and ration of a sergeant, should be sent--such -of them as showed a stomach for the hardships, as well as a taste -for the pleasures and honors of the service, and who also showed a -capacity for the two higher branches of the profession (engineering -and artillery)--to West Point, to take instruction from officers in -these two branches of the military art: and no more. At this session -one of the usual movements was made against it--an attack upon the -institution in its annual appropriation bill, by moving to strike -out the appropriation for its support, and substitute a bill for -its abolition. Mr. Hale made the motion, and was supported in it by -several members. Mr. McKay, chairman of the committee, which had the -appropriation bill in charge, felt himself bound to defend it, but -in doing so to exclude the conclusion that he was favorable to the -academy. Begging gentlemen, therefore, to withdraw their motion, he -went on to say: - - "He was now, and always had been, in favor of a very material - alteration in the organization of this institution. He did not - think that the government should educate more young men than - were necessary to fill the annual vacancies in the army. It was - beyond dispute, that the number now educated was more than the - average annual vacancies in the army required; and hence the - number of supernumerary second lieutenants--which he believed - was now something like seventy; and would be probably thirty - more the next year. This, however, did not present the true - state of the question. In a single year, in consequence of an - order issued from the war department, that all the officers who - were in the civil service of the railroad and canal companies, - &c., should join their respective regiments, there were upwards - of one hundred resignations. Now, if these resignations had - not taken place, the army would have been overloaded with - supernumerary second lieutenants. He was for reducing the - number of cadets, but at the same time would make a provision - by which parents and guardians should have the privilege of - sending their sons and wards there to be educated, at their own - expense. This (Mr. M. said) was the system adopted in Great - Britain; and it appeared, by a document he had in his hand, - that there were three hundred and twenty gentlemen cadets, and - fifteen officers educated at the English Military Academy, at - a much less expense than it required to educate two hundred - and twenty cadets at West Point. He agreed with much of what - had been said by the gentleman from Connecticut, Mr. Seymour, - that it would be an amelioration of our military service, to - open the door of promotion to meritorious non-commissioned - officers and privates. Under the present system, no man who - was a non-commissioned officer or private, however meritorious, - had the least chance of promotion. It was true that there were - instances of such men getting commissions, but they were very - rare; and the consequence was, that the ranks of the army were - filled with some of the worst men in the country, and desertions - had prevailed to an enormous extent. Mr. McK. here gave from the - documents, the number of annual desertions, from the year 1830 - to 1836, showing an average of one thousand. He would not now, - however, enlarge on this subject, but would reserve his remarks - till the bill for reorganizing the academy, which he understood - was to be reported by the Military Committee, should come in." - -Mr. McKay was not counted among the orators of the House: he made -no pretension to fine speaking: but he was one of those business, -sensible, upright men, who always spoke sense and reason, and to the -point, and generally gave more information to the House in a few -sentences than could often be found in one of the most pretentious -speeches. Of this character were the remarks which he made on this -occasion; and in the four statements that he made, _first_, that -upwards of one hundred West Point officers had resigned their -commissions in one year when ordered to quit civil service and -join their corps; _secondly_, that there was a surplus of seventy -graduates at that time for whom there was no place in the army; -_thirdly_, that at the English Military Academy, three hundred -and thirty-five cadets and officers were instructed at much less -expense than two hundred and twenty with us; _fourthly_, that the -annual desertions from the rank and file of the army had averaged -one thousand men per annum for six years together, these desertions -resulting from want of promotion and disgust at a service which was -purely necessary. Mr. McKay was followed by another speaker of the -same class with himself--Mr. Cave Johnson, of Tennessee; who stood -up and said: - - "That there was no certainty that the bill to be reported by - the Military Committee, which the gentleman referred to, would - be reached this session; and he was therefore for effecting - a reform now that the subject was before them. He would, - therefore, suggest to the gentleman from New Hampshire to - withdraw his amendment, and submit another, to the following - effect: That no money appropriated in this bill, or hereafter to - be appropriated, shall be applied to the payment of any cadet - hereafter to be appointed; and the terms of service of those - who have warrants now in the academy shall be held to cease - from and after four years from the time of their respective - appointments. The limitation of this appropriation now, would - put an end to the academy, unless the House would act on the - propositions which would be hereafter made. He was satisfied - it ought to be abolished, and he would at once abolish it, but - for the remarks of his friend from North Carolina; he therefore - hoped his friend from New Hampshire would adopt the suggestions - which had been made." - -Mr. Harralson, of Georgia, chairman of the Committee on Military -Affairs, felt himself called upon by his position to come to the -defence of the institution, which he did in a way to show that it -was indefensible. He - - "Intimated that that committee would propose some reductions - in the number of cadets; and when that proposition came before - the House, these amendments could be appropriately offered. The - proposition would be made to reduce the number of the cadets - to the wants of the army. But this appropriation should now be - made; and if, by any reductions hereafter made, it should be - found more than adequate to the wants of the institution, the - balance would remain in the Treasury, and would not be lost - to the country. He explained the circumstances under which, - in 1836, some persons educated as cadets at West Point became - civil engineers, and accepted employment on projected lines of - railroad; and asserted that no class of our countrymen were more - ready to obey the call of their country, in any exigency which - might arise." - -Mr. Orlando Ficklin, of Illinois, not satisfied with the -explanations made by the chairman on military affairs, returned to -the charge of the one hundred resignations in one year; and said: - - "He had listened to the apology or excuse rendered by the - chairman of the Committee on Military Affairs, for the cadets - who resigned in 1836. And what was that excuse? Why, forsooth, - though they had been educated at the government expense, - yet, because they could get better pay by embarking in other - pursuits, they deserted the service of the country which had - educated them, and prepared them for her service. He did not - intend to detain the committee at present, but he must be - permitted to say to those who were in favor of winding up - the concern, that they ought not to vote an appropriation of - a single dollar to that institution, unless the same bill - contained a provision, in language as emphatic as it could be - made, declaring that this odious, detestable, and aristocratic - institution, shall be brought to a close. If it did not cost - this government a single dollar, he would still be unwilling - that it should be kept up. He was not willing that the door - of promotion should be shut against the honest and deserving - soldier, and that a few dandies and band-box heroes, educated at - that institution, should enjoy the monopoly of all the offices. - Mr. F. adverted to the present condition of the army. It was - filled up, he said, by foreigners. Native Americans, to whom - they should naturally look as the defenders of the country, - were deterred from entering it. It would be well, he thought, - to have a committee of investigation, that the secrets of the - prison-house might be disclosed, and its abuses brought to - light." - -Mr. Black, of Georgia, proposed an amendment, compelling the cadets -to serve ten years, and keeping up the number: upon which Mr. Hale -remarked: - - "The amendment of the gentleman from Georgia would seem to - imply that there were not officers enough: whereas the truth - was there were more than enough. The difficulty was, there were - already too many. The Army Register showed a list already of - seventy supernumeraries; and more were being turned out upon us - every year. The gentleman from New York had made a most unhappy - illustration of the necessity for educating cadets for the army, - by comparing them with the midshipmen in the navy. What was the - service rendered by midshipmen on board our national vessels? - Absolutely none. They were of no sort of use; and precisely so - was it with these cadets. He denied that General Washington ever - recommended a military academy like the present institution; - and, if he had done so, he would, instead of proclaiming it, - have endeavored to shield his great name from such a reproach." - -The movement ended as usual, in showing necessity for a reform, and -in failing to get it. - - - - -CHAPTER CXII. - -EMIGRATION TO THE COLUMBIA RIVER, AND FOUNDATION OF ITS -SETTLEMENT BY AMERICAN CITIZENS: FREMONT'S FIRST EXPEDITION. - - -The great event of carrying the Anglo-Saxon race to the shore of -the Pacific Ocean, and planting that race firmly on that sea, took -place at this time, beginning in 1842, and largely increasing in -1843. It was not an act of the government, leading the people -and protecting them; but, like all the other great emigrations -and settlements of that race on our continent, it was the act of -the people, going forward without government aid or countenance, -establishing their possession, and compelling the government to -follow with its shield, and spread it over them. So far as the -action of the government was concerned, it operated to endanger -our title to the Columbia, to prevent emigration, and to incur -the loss of the country. The first great step in this unfortunate -direction was the treaty of joint occupation, as it was called, of -1818; by which the British, under the fallacious idea of mutuality, -where there was nothing mutual, were admitted to a delusive joint -occupation, with ourselves, intended to be equal--but which quickly -became exclusive on their part: and was obliged to become so, from -the power and organization of their Hudson Bay Company, already -flanking the country and ready to cross over and cover it. It is -due to the memory of President Monroe, under whose administration -this unfortunate treaty was made, to say that, since the publication -of the first volume of this View, the author has been informed by -General Jesup (who had the fact from Mr. Monroe himself at the -time), that his instructions had not authorized this arrangement -(which in fact the commissioners intimated in their correspondence), -and only after much hesitation prevailed on himself to send it to -the Senate. That treaty was for ten years, and the second false step -was in its indefinite extension by another of 1828, until one or the -other of the parties should give notice for its discontinuance--the -most insidious and pernicious of all agreements, being so easy to be -adopted, and so hard to be got rid of. The third great blunder was -in not settling the Oregon question in the Ashburton negotiation, -when we had a strong hold upon the British government in its earnest -desire to induce us to withdraw our northeastern boundary from the -neighborhood of Lower Canada, and to surrender a part of Maine for -the road from Halifax to Quebec. The fourth step in this series of -governmental blunders, was the recommendation of President Tyler -to discountenance emigration to Oregon, by withholding land from -the emigrants, until the two governments had settled the title--a -contingency too remote to be counted upon within any given period, -and which every year's delay would make more difficult. The title -to the country being thus endangered by the acts of the government, -the saving of it devolved upon the people--and they saved it. In -1842, incited by numerous newspaper publications, upwards of a -thousand American emigrants went to the country, making their long -pilgrimage overland from the frontiers of Missouri, with their -wives and children, their flocks and herds, their implements of -husbandry and weapons of defence--traversing the vast inclined -plane to the base of the Rocky Mountains, crossing that barrier -(deemed impassable by Europeans), and descending the wide slope -which declines from the mountains to the Pacific. Six months would -be consumed in this journey, filled with hardships, beset by dangers -from savage hostility, and only to be prosecuted in caravans of -strength and determination. The Burnets and Applegates from Missouri -were among the first leaders, and in 1843, some two thousand more -joined the first emigration. To check these bold adventurers was -the object of the government: to encourage them, was the object of -some Western members of Congress, on whom (in conjunction with the -people) the task of saving the Columbia evidently devolved. These -members were ready for their work, and promptly began. Early in the -session, Mr. Linn, a senator from Missouri, introduced a bill for -the purpose, of which these were the leading provisions: - - "That the President of the United States is hereby authorized - and required to cause to be erected, at suitable places and - distances, a line of stockade and blockhouse forts, not - exceeding five in number, from some point on the Missouri and - Arkansas rivers into the best pass for entering the valley of - the Oregon; and, also, at or near the mouth of the Columbia - River. - - "That provision hereafter shall be made by law to secure and - grant six hundred and forty acres, or one section of land, to - every white male inhabitant of the territory of Oregon, of - the age of eighteen years and upward, who shall cultivate and - use the same for five consecutive years; or to his heir or - heirs-at-law, if such there be, in case of his decease. And to - every such inhabitant or cultivator (being a married man) there - shall be granted, in addition, one hundred and sixty acres to - the wife of said husband, and the like quantity of one hundred - and sixty acres to the father for each child under the age of - eighteen years he may have, or which may be born within the five - years aforesaid. - - "That no sale, alienation, or contract of any kind, shall be - valid, of such lands, before the patent is issued therefor; nor - shall the same be liable to be taken in execution, or bound by - any judgment, mortgage, or lien, of any kind, before the patent - is so issued; and all pretended alienations or contracts for - alienating such lands, made before the issuing of the patents, - shall be null and void against the settler himself, his wife, or - widow, or against his heirs-at-law, or against purchasers, after - the issuing of the patent. - - "That the President is hereby authorized and required to appoint - two additional Indian agents, with a salary of two thousand - dollars each, whose duty it shall be (under his direction and - control) to superintend the interests of the United States with - any or every Indian tribe west of any agency now established by - law. - - "That the sum of one hundred thousand dollars be appropriated, - out of any money in the Treasury not otherwise appropriated, to - carry into effect the provisions of this act. - - "SEC. 2. _And be it further enacted_, That the civil and - criminal jurisdiction of the supreme court and district courts - of the territory of Iowa, be, and the same is hereby, extended - over that part of the Indian territories lying west of the - present limits of the said territory of Iowa, and south of the - forty-ninth degree of north latitude, and west of the Rocky - Mountains, and north of the boundary line between the United - States and the Republic of Texas, not included within the - limits of any State; and also, over the Indian territories - comprising the Rocky Mountains and the country between them - and the Pacific Ocean, south of fifty-four degrees and forty - minutes of north latitude, and north of the forty-second degree - of north latitude; and justices of the peace may be appointed - for the said territory, in the same manner and with the same - powers as now provided by law in relation to the territory of - Iowa: _Provided_, That any subject of the government of Great - Britain, who shall have been arrested under the provisions of - this act for any crime alleged to have been committed within - the territory westward of the Stony or Rocky Mountains, while - the same remains free and open to the vessels, citizens, and - subjects of the United States and of Great Britain, pursuant to - stipulations between the two powers, shall be delivered up, on - proof of his being such British subject, to the nearest or most - convenient authorities having cognizance of such offence by the - laws of Great Britain, for the purpose of being prosecuted and - tried according to such laws. - - "SEC. 3. _And be it further enacted_, That one associate judge - of the supreme court of the territory of Iowa, in addition to - the number now authorized by law, may, in the discretion of - the President, be appointed, to hold his office by the same - tenure and for the same time, receive the same compensation, - and possess all the powers and authority conferred by law - upon the associate judges of the said territory; and one - judicial district shall be organized by the said supreme - court, in addition to the existing number, in reference to the - jurisdiction conferred by this act; and a district court shall - be held in the said district by the judge of the supreme court, - at such times and places as the said court shall direct; and the - said district court shall possess all the powers and authority - vested in the present district courts of the said territory, and - may, in like manner, appoint its own clerk. - - "SEC. 4. _And be it further enacted_, That any justice of the - peace, appointed in and for the territories described in the - second section of this act, shall have power to cause all - offenders against the laws of the United States to be arrested - by such persons as they shall appoint for that purpose, and - to commit such offenders to safe custody for trial, in the - same cases and in the manner provided by law in relation to - the Territory of Iowa; and to cause the offenders so committed - to be conveyed to the place appointed for the holding of a - district court for the said Territory of Iowa, nearest and most - convenient to the place of such commitment, there to be detained - for trial, by such persons as shall be authorized for that - purpose by any judge of the supreme court, or any justice of the - peace of the said Territory; or where such offenders are British - subjects, to cause them to be delivered to the nearest and most - convenient British authorities, as hereinbefore provided; and - the expenses of such commitment, removal, and detention, shall - be paid in the same manner as provided by law in respect to the - fees of the marshal of the said territory." - -These provisions are all just and necessary for the accomplishment -of their object, and carefully framed to promote emigration, and to -avoid collisions with the British, or hostilities with the Indians. -The land grants were the grand attractive feature to the emigrants: -the provision for leaving British offenders to British jurisdiction -was to avoid a clash of jurisdictions, and to be on an equality with -the British settlers over whom the British Parliament had already -extended the laws of Canada; and the boundaries within which our -settlers were to be protected, were precisely those agreed upon -three years later in a treaty between the two powers. The provisions -were all necessary for their object, and carefully framed to avoid -infraction of any part of the unfortunate treaty of 1818; but the -bill encountered a strenuous, and for a long time a nearly balanced, -opposition in the Senate--some opposed to the whole object of -settling the country at any time--some to its present settlement, -many to the fear of collision with the British subjects already -there, or infraction of the treaty of 1818. Mr. McDuffie took broad -ground against it. - - "For whose benefit are we bound to pass this bill? Who are to go - there, along the line of military posts, and take possession of - the only part of the territory fit to occupy--that part lying - upon the sea-coast, a strip less than one hundred miles in - width; for, as I have already stated, the rest of the territory - consists of mountains almost inaccessible, and low lands which - are covered with stone and volcanic remains, where rain never - falls, except during the spring; and even on the coast no rain - falls, from April to October, and for the remainder of the year - there is nothing but rain. Why, sir, of what use will this be - for agricultural purposes? I would not for that purpose give a - pinch of snuff for the whole territory. I wish to God we did - not own it. I wish it was an impassable barrier to secure us - against the intrusion of others. This is the character of the - country. Who are we to send there? Do you think your honest - farmers in Pennsylvania, New York, or even Ohio or Missouri, - will abandon their farms to go upon any such enterprise as this? - God forbid! if any man who is to go to that country, under the - temptations of this bill, was my child--if he was an honest - industrious man, I would say to him, for God's sake do not go - there. You will not better your condition. You will exchange - the comforts of home, and the happiness of civilized life, for - the pains and perils of a precarious existence. But if I had a - son whose conduct was such as made him a fit subject for Botany - Bay, I would say in the name of God, go. This is my estimate of - the importance of the settlement. Now, what are we to gain by - making the settlement? In what shape are our expenditures there - to be returned? When are we to get any revenue from the citizens - of ours who go to that distant territory--3,300 miles from the - seat of government, as I have it from the senator from Missouri? - What return are they going to make us for protecting them with - military posts, at the expense at the outset of $200,000, and - swelling hereafter God knows how much--probably equalling the - annual expenses of the Florida war. What will they return us for - this enormous expense, after we have tempted them, by this bill, - to leave their pursuits of honest industry, to go upon this wild - and gambling adventure, in which their blood is to be staked?" - -Besides repulsing the country as worthless, Mr. McDuffie argued that -there was danger in taking possession of it--that the provisions of -the bill conflicted with the stipulations of the treaty of 1818--and -that Great Britain, though desirous of peace with the United States, -would be forced into war in defence of her rights and honor. Mr. -Calhoun was equally opposed as his colleague to the passage of the -bill, but not for the same reasons. He deemed the country well worth -having, and presenting great commercial advantages in communicating -with China and Japan, which should not be lost. - - "I do not agree with my eloquent and able colleague that the - country is worthless. He has underrated it, both as to soil - and climate. It contains a vast deal of land, it is true, - that is barren and worthless; but not a little that is highly - productive. To that may be added its commercial advantages, - which will, in time, prove to be great. We must not overlook - the important events to which I have alluded as having recently - occurred in the Eastern portion of Asia. As great as they are, - they are but the beginning of a series of a similar character, - which must follow at no distant day. What has taken place in - China, will, in a few years, be followed in Japan, and all - the eastern portions of that continent. Their ports, like the - Chinese, will be opened, and the whole of that large portion of - Asia, containing nearly half of the population and wealth of the - globe, will be thrown open to the commerce of the world, and be - placed within the pales of European and American intercourse - and civilization. A vast market will be created, and a mighty - impulse will be given to commerce. No small portion of the - share that would fall to us with this populous and industrious - portion of the globe, is destined to pass through the ports of - the Oregon Territory to the valley of the Mississippi, instead - of taking the circuitous and long voyage round Cape Horn; or the - still longer, round the Cape of Good Hope. It is mainly because - I place this high estimate on its prospective value, that I am - so solicitous to preserve it, and so adverse to this bill, or - any other precipitate measure which might terminate in its loss. - If I thought less of its value, or if I regarded our title less - clear, my opposition would be less decided." - -Infraction of the treaty and danger of war--the difficulty and -expense of defending a possession so remote--the present empty -condition of the treasury--were further reasons urged by Mr. Calhoun -in favor of rejecting the bill; but having avowed himself in favor -of saving our title to the country, it became necessary to show his -mode of doing so, and fell upon the same plan to ripen and secure -our title, which others believed was wholly relied upon by Great -Britain to ripen and secure hers--Time! an element which only worked -in favor of the possessor; and that possessor was now Great Britain. -On this head he said: - - "The question presents itself, how shall we preserve this - country? There is only one means by which it can be; but that, - fortunately, is the most powerful of all--_time_. _Time_ is - acting for us; and, if we shall have the wisdom to trust its - operation, it will assert and maintain our right with resistless - force, without costing a cent of money, or a drop of blood. - There is often in the affairs of government, more efficiency - and wisdom in non-action, than in action. All we want to effect - our object in this case, is 'a wise and masterly inactivity.' - Our population is rolling towards the shores of the Pacific, - with an impetus greater than what we realize. It is one of - those forward movements which leaves anticipation behind. In - the period of thirty-two years which have elapsed since I took - my seat in the other House, the Indian frontier has receded a - thousand miles to the West. At that time, our population was - much less than half what it is now. It was then increasing at - the rate of about a quarter of a million annually; it is now not - less than six hundred thousand; and still increasing at the rate - of something more than three per cent. compound annually. At - that rate, it will soon reach the yearly increase of a million. - If to this be added, that the region west of Arkansas and the - State of Missouri, and south of the Missouri River, is occupied - by half civilized tribes, who have their lands secured to them - by treaty (and which will prevent the spread of population - in that direction), and that this great and increasing tide - will be forced to take the comparatively narrow channel to - the north of that river and south of our northern boundary, - some conception may be formed of the strength with which the - current will run in that direction, and how soon it will reach - the eastern gorges of the Rocky Mountains. It will soon--far - sooner than anticipated--reach the Rocky Mountains, and be ready - to pour into the Oregon Territory, when it will come into our - possession without resistance or struggle--or, if there should - be resistance, it would be feeble and ineffectual. We would then - be as much stronger there, comparatively, than Great Britain, as - she is now stronger than we are; and it would then be as idle - in her to attempt to assert and maintain her exclusive claim to - the territory against us, as it would now be in us to attempt - it against her. Let us be wise, and abide our time, and it will - accomplish all that we desire, with far more certainty and with - infinitely less sacrifice, than we can without it." - -Mr. Calhoun averred and very truly, that his opposition to the -bill did not grow out of any opposition to the growth of the -West--declared himself always friendly to the interests of that -great section of our country, and referred to his course when he was -Secretary at war to prove it. - - "I go back to the time when I was at the head of the War - Department. At that early period I turned my attention - particularly to the interest of the West. I saw that it - required increased security to its long line of frontier, - and greater facility of carrying on intercourse with the - Indian tribes in that quarter, and to enable it to develope - its resources--especially that of its fur-trade. To give the - required security, I ordered a much larger portion of the - army to that frontier; and to afford facility and protection - for carrying on the fur-trade, the military posts were moved - much higher up the Mississippi and Missouri rivers. Under the - increased security and facility which these measures afforded, - the fur-trade received a great impulse. It extended across - the continent in a short time, to the Pacific, and north and - south to the British and Mexican frontiers; yielding in a few - years, as stated by the Senator from Missouri [Mr. Linn], half - a million of dollars annually. But I stopped not there. I saw - that individual enterprise on our part, however great, could not - successfully compete with the powerful incorporated Canadian - and Hudson Bay Companies, and that additional measures were - necessary to secure permanently our fur-trade. For that purpose - I proposed to establish a post still higher up the Missouri, - at the mouth of the Yellow Stone River, and to give such unity - and efficiency to our intercourse and trade with the Indian - tribes between our Western frontier and the Pacific ocean, as - would enable our citizens engaged in the fur-trade to compete - successfully with the British traders. Had the measures proposed - been adopted, we would not now have to listen to the complaint, - so frequently uttered in this discussion, of the loss of that - trade." - -The inconsistent argument of Mr. McDuffie, that the country was -worthless, and yet that Great Britain would go to war for it, was -thus answered by Mr. Linn: - - "The senator from South Carolina somewhat inconsistently urges - that the country is bleak, barren, volcanic, rocky, a waste - always flooded when it is not parched; and insists that, - worthless as it is, Great Britain will go at once to war for - it. Strange that she should in 1818 have held so tenaciously to - what is so worthless! Stranger still, that she should have stuck - yet closer to it in 1827, when she had had still ampler time - to learn the bootlessness of the possession! And strangest of - all, that she should still cling to it with the grasp of death! - Sir, I cannot for my life help thinking that she and the senator - have formed a very different estimate of the territory, and that - she is (as she ought to be) a good deal the better informed. - She knows well its soil climate, and physical resources, - and perfectly comprehends its commercial and geographical - importance. And knowing all this, she was ready to sink all - sense of justice, stifle all respect for our clear title, and - hasten to root her interests in the soil, so as to secure the - strong, even when most wrongful, title of possession." - -The danger of waiting for Great Britain to strengthen her claim was -illustrated by Mr. Linn, by what had happened in Maine. In 1814 she -proposed to purchase the part she wanted. She afterwards endeavored -to negotiate for a right of way across the State. Failing in that -attempted negotiation, as in the offer to purchase, she boldly set -up a claim to all she wanted--demanded it as matter of right--and -obtained it by the Ashburton treaty--the United States paying -Massachusetts and Maine for the dismembered part. Deprecating a like -result from temporizing measures with respect to Oregon, Mr. Linn -said: - - "So little before 1813 or 1814 did Great Britain ever doubt your - claim to the lately contested territory in Maine, that in 1814 - she proposed to _purchase_ that part of it which she desired. - She next treated for a right of way. It was refused; and she - then set up a claim to the soil. This method has sped no ill - with her; for she has got what she wanted, AND MADE YOU PAY FOR - IT. Her Oregon game is the same. She has set her heart upon a - strip of territory north of the Oregon, and seems determined - to pluck it from us, either by circumvention or force. Aware - of the political as well as legal advantages of possession, - she is strengthening hers in every way not too directly - responsible. She is selecting and occupying the best lands, the - most favorable sites. These she secures to the settlers under - contracts. For any counteraction of yours, she may take, and is - taking, possession of the whole territory. She has appropriated - sites for mills, manufactories, and farms. If one of these has - been abandoned for a better, she reverts to it, if a citizen of - yours occupies it, and ejects him. She tells her people she will - protect them in whatever they have laid, or may lay, their hands - upon. If she can legitimately do this, why may not we? Is this - a joint occupation of which she is to have the sole benefit? - Had you as many citizens there as she, you would be compelled - to protect them; and if you have not, why is it but because she - keeps them off, and you refuse to offer them the inducements - which she holds out? Give them a prospective grant of lands, - and insure them the shelter of your laws, and they will soon - congregate there in force enough to secure your rights and their - own." - -The losses already sustained by our citizens from the ravages of -Indians, incited against them by the British Hudson Bay company, -were stated by Mr. Linn upon good authority, to be five hundred -men in lives taken in the first ten years of the joint occupation -treaty, and half a million of dollars in property robbed or -destroyed, besides getting exclusive possession of our soil, and -the command of our own Indians within our own limits: and he -then contrasted this backwardness to protect our own citizens on -their own soil with the readiness to expend untold amounts on the -protection of our citizens engaged in foreign commerce; and even in -going to the coast of Africa to guard the freedom of the negro race. - - "Wherever your sails whiten the sea, in no matter what clime, - against no matter whom, the national arm stretches out its - protection. Every where but in this unhappy territory, the - persons and the pursuits of your citizens are watched over. - You count no cost when other interests are concerned, when - other rights are assailed; but you recoil here from a trifling - appropriation to an object of the highest national importance, - because it enlists no sectional influence. Contrast, for - instance, your supineness about the Oregon Territory, with - your alacrity to establish, for guarding the slave coast and - Liberia, a squadron costing $600,000 annually, and which you - have bound yourself by treaty to keep up for five years, with - great exposure of lives and vessels. By stipulation, eighty guns - (one-twelfth of your force afloat) is kept upon this service; - and, as your naval expenditure amounts to about seven millions - a year, this (its twelfth part) will make, in five years, three - millions bestowed in watching the coast of Africa, and guarding - the freedom of the negro race! For this you lavish millions; and - you grudge $100,000 to the great American and national object of - asserting your territorial rights and settling your soil. You - grant at once what furthers the slave policy of a rival power, - and deny the means of rescuing from its grasp your own property - and soil." - -This African squadron has now been kept up more than twice five -years, and promises to be perpetual; for there was that delusive -clause in the article, so tempting to all temporizing spirits, -that after the lapse of the five years, the squadron was still to -be kept up until the United States should give notice to terminate -the article. This idea of notice to terminate a treaty, so easy -to put in it, and so difficult to be given when entanglement and -use combine to keep things as they are, was shown to be almost -impossible in this treaty of joint occupation of the Columbia. -Mr. Calhoun had demanded of Mr. Linn, why not give the notice to -terminate the treaty before proceeding to settle the country? to -which he answered: - - "The senator from South Carolina [Mr. CALHOUN], has urged that - we should, first of all, give the twelve months' notice of our - renunciation of the treaty. He [Mr. LINN] could only answer - that he had repeatedly, by resolutions, urged that course in - former years; but always in vain. He had ever been met with the - answer: 'This is not the proper time--wait.' Meanwhile, the - adverse possession was going on, fortifying from year to year - the British claim and the British resources, to make it good. - Mr. Madison had encouraged the bold and well-arranged scheme - of Astor to fortify and colonize. He was dispossessed; and the - nucleus of empire which his establishments formed, passed into - the hands of the Hudson Bay Company, now the great instrument - of English aggrandizement in that quarter. The senator insists - that, by the treaty, there should be a joint possession. Be it - so, if you will. But where is our part of this joint possession? - In what does it consist, or has it consisted? We have no posts - there, no agent, no military power to protect traders. Nay, - indeed, no traders! For they have disappeared before foreign - competition; or fallen a sacrifice to the rifle, the tomahawk, - or the scalping knife of those savages whom the Hudson Bay - Company can always make the instruments of systematic massacre - of adventurous rivals." - -Mr. Benton spoke at large in defence of the bill, and first of the -clause in it allotting land to the settlers, saying: - - "The objections to this bill grew out of the clause granting - land to the settlers, not so much on account of the grants - themselves, as on account of the exclusive jurisdiction over - the country, which the grants would seem to imply. This was - the objection; for no one defended the title of the British - to one inch square of the valley of Oregon. The senator from - Arkansas [Mr. SEVIER], who has just spoken, had well said that - this was an objection to the whole bill; for the rest would be - worth nothing, without these grants to the settlers. Nobody - would go there without the inducement of land. The British - had planted a power there--the Hudson Bay Fur Company--in - which the old Northwest Company was merged; and this power was - to them in the New World what the East India company was to - them in the Old World: it was an arm of the government, and - did every thing for the government which policy, or treaties - prevented it from doing for itself. This company was settling - and colonizing the Columbia for the British government, and we - wish American citizens to settle and colonize it for us. The - British government gives inducement to this company. It gives - them trade, commerce, an exclusive charter, laws, and national - protection. We must give inducement also; and our inducement - must be land and protection. Grants of land will carry settlers - there; and the senator from Ohio [Mr. TAPPAN] was treading in - the tracks of Mr. Jefferson (perhaps without having read his - recommendation, although he has read much) when he proposed, in - his speech of yesterday, to plant 50,000 settlers, with their - 50,000 rifles, on the banks of the Oregon. Mr. Jefferson had - proposed the same thing in regard to Louisiana. He proposed - that we should settle that vast domain when we acquired it; - and for that purpose, that donations of land should be made to - the first 30,000 settlers who should go there. This was the - right doctrine, and the old doctrine. The white race were a - land-loving people, and had a right to possess it, because they - used it according to the intentions of the Creator. The white - race went for land, and they will continue to go for it, and - will go where they can get it. Europe, Asia, and America, have - been settled by them in this way. All the States of this Union - have been so settled. The principle is founded in their nature - and in God's command; and it will continue to be obeyed. The - valley of the Columbia is a vast field open to the settler. It - is ours, and our people are beginning to go upon it. They go - under the expectation of getting land; and that expectation must - be confirmed to them. This bill proposes to confirm it; and if - it fails in this particular, it fails in all. There is nothing - left to induce emigration; and emigration is the only thing - which can save the country from the British, acting through - their powerful agent--the Hudson Bay Company." - -Mr. Benton then showed from a report of Major Pilcher, -Superintendent of Indian Affairs, and who had visited the Columbia -River, that actual colonization was going on there, attended by -every circumstance that indicated ownership and the design of a -permanent settlement. Fort Vancouver, the principal of these British -establishments, for there are many of them within our boundaries, is -thus described by Major Pilcher: - - "This fort is on the north side of the Columbia, nearly opposite - the mouth of the Multnomah, in the region of tide-water, and - near the head of ship navigation. It is a grand position, - both in a military and commercial point of view, and formed - to command the whole region watered by the Columbia and its - tributaries. The surrounding country, both in climate and soil, - is capable of sustaining a large population; and its resources - in timber give ample facilities for ship-building. This post - is fortified with cannon; and, having been selected as the - principal or master position, no pains have been spared to - strengthen or improve it. For this purpose, the old post near - the mouth of the river has been abandoned. About one hundred and - twenty acres of ground are in cultivation; and the product in - wheat, barley, oats, corn, potatoes, and other vegetables, is - equal to what is known in the best parts of the United States. - Domestic animals are numerous--the horned cattle having been - stated to me at three hundred; hogs, horses, sheep, and goats, - in proportion; also, the usual domestic fowls: every thing, - in fact, indicating a permanent establishment. Ship-building - has commenced at this place. One vessel has been built and - rigged, sent to sea, and employed in the trade of the Pacific - Ocean. I also met a gentleman, on my way to Lake Winnipec, - at the portage between the Columbia and Athabasca, who was - on his way from Hudson's Bay to Fort Colville, with a master - ship-carpenter, and who was destined for Fort Vancouver, for - the purpose of building a ship of considerable burden. Both - grist and saw-mills have been built at Fort Vancouver: with - the latter, they saw the timber which is needed for their own - use, and also for exportation to the Sandwich Islands; upon the - former, their wheat is manufactured into flour. And, from all - that I could learn, this important post is silently growing up - into a colony; and is, perhaps, intended as a future military - and naval station, which was not expected to be delivered up at - the expiration of the treaty which granted them a temporary and - joint possession." - -Mr. Benton made a brief deduction of our title to the Columbia to -the 49th parallel under the treaty of Utrecht, and rapidly traced -the various British attempts to encroach upon that line, the whole -of which, though earnestly made and perseveringly continued, failed -to follow that great line from the Lake of the Woods to the shores -of the Pacific. He thus made this deduction of title: - - "Louisiana was acquired in 1803. In the very instant of signing - the treaty which brought us that province, another treaty was - signed in London (without a knowledge of what was done in - Paris), fixing, among other things, the line from the Lake of - the Woods to the Mississippi. This treaty, signed by Mr. Rufus - King and Lord Hawkesbury, was rejected by Mr. Jefferson, without - reference to the Senate, on account of the fifth article (which - related to the line between the Lake of the Woods and the head - of the Mississippi), for fear it might compromise the northern - boundary of Louisiana and the line of 49 degrees. In this - negotiation of 1803, the British made no attempt on the line of - the 49th degree, because it was not then known to them that we - had acquired Louisiana; but Mr. Jefferson, having a knowledge of - this acquisition, was determined that nothing should be done to - compromise our rights, or to unsettle the boundaries established - under the treaty of Utrecht. - - "Another treaty was negotiated with Great Britain in 1807, - between Messrs. Monroe and William Pinckney on one side, - and Lords Holland and Auckland on the other. The English - were now fully possessed of the fact that we had acquired - Louisiana, and become a party to the line of 49 degrees; and - they set themselves openly to work to destroy that line. The - correspondence of the ministers shows the pertinacity of these - attempts; and the instructions of Mr. Adams, in 1818 (when - Secretary of State, under Mr. Monroe), to Messrs. Rush and - Gallatin, then in London, charged with negotiating a convention - on points left unsettled at Ghent, condense the history of the - mutual propositions then made. Finally, an article was agreed - upon, in which the British succeeded in mutilating the line, - and stopping it at the Rocky Mountains. This treaty of 1807 - shared the fate of that of 1803, but for a different reason. It - was rejected by Mr. Jefferson, without reference to the Senate, - because it did not contain an explicit renunciation of the - pretension of impressment! - - "At Ghent the attempt was renewed: the arrest of the line at - the Rocky Mountains was agreed upon, but the British coupled - with their proposition a demand for the free navigation of the - Mississippi, and access to it through the territories of the - United States; and this demand occasioned the whole article to - be omitted. The Ghent treaty was signed without any stipulation - on the subject of the line along the 49th degree, and that - point became a principal object of the ministers charged with - completing at London, in 1818, the subjects unfinished at Ghent - in 1814. Thus the British were again foiled; but, true to their - design, they persevered and accomplished it in the convention - signed at London in 1818. That convention arrested the line at - the mountains, and opened the Columbia to the joint occupation - of the British; and, being ratified by the United States, it has - become binding and obligatory on the country. But it is a point - not to be overlooked, or undervalued, in this case, that it was - in the year 1818 that this arrestation of the line took place; - that up to that period it was in full force in all its extent, - and, consequently, in full force to the Pacific Ocean; and a - complete bar (leaving out all other barriers) to any British - acquisition, by discovery, south of 49 degrees in North America." - -The President in his message had said that "informal conferences" -had taken place between Mr. Webster and Lord Ashburton on the -subject of the Columbia, but he had not communicated them. Mr. -Benton obtained a call of the Senate for them: the President -answered it was incompatible with the public interest to make -them public. That was a strange answer, seeing that all claims by -either party, and all negotiations on the subjects between them, -whether concluded or not, and whether successful or not should be -communicated. - - "The President, in his message recommending the peace treaty, - informs us that the Columbia was the subject of "_informal - conferences_" between the negotiators of that treaty; but that - it could not then be included among the subjects of formal - negotiation. This was an ominous annunciation, and should - have opened the eyes of the President to a great danger. If - the peace mission, which came here to settle every thing, and - which had so much to gain in the Maine boundary and the African - alliance;--if this mission could not agree with us about the - Columbia, what mission ever can? To an inquiry from the Senate - to know the nature and extent of these "_informal conferences_" - between Mr. Webster and Lord Ashburton, and to learn the reason - why the Columbia question could not have been included among - the subjects of formal negotiation--to these inquiries, the - President answers, that it is incompatible with the public - interest to communicate these things. This is a strange - answer, and most unexpected. We have no political secrets in - our country, neither among ourselves nor with foreigners. On - this subject of the Columbia, especially, we have no secrets. - Every thing in relation to it has been published. All the - conferences heretofore have been made public. The protocols, - the minutes, the conversations, on both sides, have all been - published. The British have published their claim, such as it - is: we have published ours. The public documents are full of - them, and there can be nothing in the question itself to require - secrecy. The negotiator, and not the subject, may require - secrecy. Propositions may have been made, and listened to, - which no previous administration would tolerate, and which it - may be deemed prudent to conceal until it has taken the form - of a stipulation, and the cry of war can be raised to ravish - its ratification from us. All previous administrations, while - claiming the whole valley of the Columbia, have refused to admit - a particle of British claim _south_ of 49 degrees. Mr. Adams, - under Mr. Monroe, peremptorily refused to submit any such claim - even to arbitration. The Maine boundary, settled by the treaty - of 1783, had been submitted to arbitration; but this boundary - of 49 was refused. And now, if, after all this, any proposition - has been made by our government to give up the north bank of the - river, I, for one, shall not fail to brand such a proposition - with the name of treason." - -This paragraph was not without point, and even inuendo. The north -bank of the Columbia with equal rights of navigation in the river, -and to the harbor at its mouth, had been the object of the British -from the time that the fur-trader, and explorer, Sir Alexander -McKenzie, had shown that there was no river and harbor suitable -to commerce and settlement north of that stream. They had openly -proposed it in negotiations: they had even gone so far as to tell -our commissioners of 1818, that no treaty of boundaries could be -made unless that river became the line, and its waters and the -harbor at the mouth made common to both nations--a declaration -which should have utterly forbid the idea of a joint occupation, -as such occupation was admitting an equality of title and laying -a foundation for a division of the territory. This cherished idea -of dividing by the river had pervaded every British negotiation -since 1818. It was no secret: the British begged it: we refused -it. Lord Ashburton, there is reason to know, brought out the same -proposition. In his first diplomatic note he stated that he came -prepared to settle all the questions of difference between the two -countries; and this affair of the Columbia was too large, and of -too long standing, and of too much previous negotiation to have -been overlooked. It was not overlooked. The President says that -there were conferences about it, qualified as informal: which is -evidence there would have been formal negotiation if the informal -had promised success. The informal did not so promise; and the -reason was, that the two senators from Missouri being sounded on the -subject of a conventional divisional line, repulsed the suggestion -with an earnestness which put an end to it; and this knowledge of a -proposition for a conventional line induced the indignant language -which those two senators used on the subject in all their speeches. -If they had yielded, the valley of the Columbia would have been -divided; for that is the way the whole Ashburton treaty was made. -Senators were sounded by the American negotiator, each on the point -which lay nearest to him; and whatever they agreed to was put into -the treaty. Thus the cases of the liberated slaves at Nassau and -Bermuda were given up--the leading southern senators agreeing to it -beforehand, and voting for the treaty afterwards. The writer of this -View had this fact from Mr. Bagby, who refused to go with them, and -voted against the ratification of the treaty. - - "This pretension to the Columbia is an encroachment upon our - rights and possession. It is a continuation of the encroachments - which Great Britain systematically practises upon us. Diplomacy - and audacity carry her through, and gain her position after - position upon our borders. It is in vain that the treaty of 1783 - gave us a safe military frontier. We have been losing it ever - since the late war, and are still losing it. The commission - under the treaty of Ghent took from us the islands of Grand - Menan, Campo Bello, and Indian Island, on the coast of Maine, - and which command the bays of Fundy and Passamaquoddy. Those - islands belonged to us by the treaty of peace, and by the laws - of God and nature; for they are on our coast, and within wading - distance of it. Can we not wade to these islands? [Looking at - senator WILLIAMS, who answered, 'We can wade to one of them.'] - Yes, wade to it! And yet the British worked them out of us; - and now can wade to us, and command our land, as well as our - water. By these acquisitions, and those of the late treaty, the - Bay of Fundy will become a great naval station to overawe and - scourge our whole coast, from Maine to Florida. Under the same - commission of the Ghent treaty, she got from us the island of - Boisblanc, in the mouth of the Detroit River, and which commands - that river and the entrance into Lake Erie. It was ours under - the treaty of 1783; it was taken from us by diplomacy. And - now an American ship must pass between the mouths of two sets - of British batteries--one on Boisblanc; the other directly - opposite, at Malden; and the two batteries within three or four - hundred yards of each other. Am I right as to the distance? - [Looking at Senator WOODBRIDGE, who answered, 'The distance is - three hundred yards.'] Then comes the late treaty, which takes - from us (for I will say nothing of what the award gave up beyond - the St. John) the mountain frontier, 3,000 feet in height, 150 - miles long, approaching Quebec and the St. Lawrence, and, in - the language of Mr. Featherstonhaugh, 'commanding all their - communications, and commanding and overawing Quebec itself.' - This we have given up; and, in doing so, have given up our - military advantages in that quarter, and placed them in the - hands of Great Britain, to be used against ourselves in future - wars. The boundary between the Lake Superior and the Lake of the - Woods has been altered by the late treaty, and subjected us to - another encroachment, and to the loss of a military advantage, - which Great Britain gains. To say nothing about Pigeon River - as being or not being the '_long lake_' of the treaty of 1783; - to say nothing of that, there are yet two routes commencing in - that stream--one bearing far to the south, and forming the large - island called 'Hunter's.' By the old boundary the line went the - northern route; by the new, it goes to the south; giving to the - British a large scope of our territory (which is of no great - value), but giving them, also, the exclusive possession of the - old route, the best route, and the one commanding the Indians, - which is of great importance. The encroachment now attempted - upon the Columbia, is but a continuation of this system of - encroachments which is kept up against us, and which, until - 1818, labored even to get the navigation of the Mississippi, by - laboring to make the line from the Lake of the Woods reach its - head spring. If Great Britain had succeeded in getting this line - to touch the Mississippi, she was then to claim the navigation - of the river, under the law of nations, contrary to her doctrine - in the case of the people of Maine and the river St. John. - The line of the 49th parallel of north latitude is another - instance of her encroaching policy; it has been mutilated by the - persevering efforts of British diplomacy; and the breaking of - that line was immediately followed by the most daring of all her - encroachments--that of the Columbia River." - -The strength of the bill was tested by a motion to strike out the -land-donation clause, which failed by a vote of 24 to 22. The bill -was then passed by the same vote--the yeas and nays being: - - "YEAS.--Messrs. Allen, Benton, Buchanan, Clayton, Fulton, - Henderson, King, Linn, McRoberts, Mangum, Merrick, Phelps, - Sevier, Smith of Connecticut, Smith of Indiana, Sturgeon, - Tappan, Walker, White, Wilcox, Williams, Woodbury, Wright, - Young." - - "NAYS.--Messrs. Archer, Bagby, Barrow, Bates, Bayard, Berrien, - Calhoun, Choate, Conrad, Crafts, Dayton, Evans, Graham, - Huntington, McDuffie, Miller, Porter, Rives, Simmons, Sprague, - Tallmadge, Woodbridge." - -The bill went to the House, where it remained unacted upon during -the session; but the effect intended by it was fully produced. The -vote of the Senate was sufficient encouragement to the enterprising -people of the West. Emigration increased. An American settlement -grew up at the mouth of the Columbia. Conventional agreements among -themselves answered the purpose of laws. A colony was planted--had -planted itself--and did not intend to retire from its position--and -did not. It remained and grew; and that colony of self-impulsion, -without the aid of government, and in spite of all its blunders, -saved the Territory of Oregon to the United States: one of the many -events which show how little the wisdom of government has to do -with great events which fix the fate of countries. - -Connected with this emigration, and auxiliary to it, was the first -expedition of Lieutenant Fremont to the Rocky Mountains, and -undertaken and completed in the summer of 1842--upon its outside -view the conception of the government, but in fact conceived -without its knowledge, and executed upon solicited orders, of which -the design was unknown. Lieutenant Fremont was a young officer, -appointed in the topographical corps from the class of citizens by -President Jackson upon the recommendation of Mr. Poinsett, Secretary -at War. He did not enter the army through the gate of West Point, -and was considered an intrusive officer by the graduates of that -institution. Having, before his appointment, assisted for two years -the learned astronomer, Mr. Nicollet, in his great survey of the -country between the Missouri and Mississippi, his mind was trained -to such labor; and instead of hunting comfortable berths about the -towns and villages, he solicited employment in the vast regions -beyond the Mississippi. Col. Abert, the chief of the corps, gave him -an order to go to the frontier beyond the Mississippi. That order -did not come up to his views. After receiving it he carried it back, -and got it altered, and the Rocky Mountains inserted as an object -of his exploration, and the South Pass in those mountains named as -a particular point to be examined, and its position fixed by him. -It was through this Pass that the Oregon emigration crossed the -mountains, and the exploration of Lieutenant Fremont had the double -effect of fixing an important point in the line of the emigrants' -travel, and giving them encouragement from the apparent interest -which the government took in their enterprise. At the same time the -government, that is, the executive administration, knew nothing -about it. The design was conceived by the young lieutenant: the -order for its execution was obtained, upon solicitation, from his -immediate chief--importing, of course, to be done by his order, but -an order which had its conception elsewhere. - - - - -CHAPTER CXIII. - -LIEUTENANT FREMONT'S FIRST EXPEDITION: SPEECH, AND MOTION OF -SENATOR LINN. - - -A communication was received from the War Department, in answer -to a call heretofore made for the report of Lieutenant Fremont's -expedition to the Rocky Mountains. Mr. Linn moved that it be printed -for the use of the Senate; and also that one thousand extra copies -be printed. - - "In support of his motion," Mr. L. said, "that in the course - of the last summer a very interesting expedition had been - undertaken to the Rocky Mountains, ordered by Col. Abert, chief - of the Topographical Bureau, with the sanction of the Secretary - at War, and executed by Lieutenant Fremont of the topographical - engineers. The object of the expedition was to examine and - report upon the rivers and country between the frontiers of - Missouri and the base of the Rocky Mountains; and especially to - examine the character, and ascertain the latitude and longitude - of the South Pass, the great crossing place to these mountains - on the way to the Oregon. All the objects of the expedition have - been accomplished, and in a way to be beneficial to science, - and instructive to the general reader, as well as useful to the - government. - - "Supplied with the best astronomical and barometrical - instruments, well qualified to use them, and accompanied by - twenty-five _voyageurs_, enlisted for the purpose at St. Louis, - and trained to all the hardships and dangers of the prairies - and the mountains, Mr. Fremont left the mouth of the Kansas, - on the frontiers of Missouri, on the 10th of June; and, in the - almost incredibly short space of four months returned to the - same point, without an accident to a man, and with a vast mass - of useful observations, and many hundred specimens in botany and - geology. - - "In executing his instructions, Mr. Fremont proceeded up the - Kansas River far enough to ascertain its character, and then - crossed over to the Great Platte, and pursued that river to its - source in the mountains, where the Sweet Water (a head branch - of the Platte) issues from the neighborhood of the South Pass. - He reached the Pass on the 8th of August, and describes it as a - wide and low depression of the mountains, where the ascent is - as easy as that of the hill on which this Capitol stands, and - where a plainly beaten wagon road leads to the Oregon through - the valley of Lewis's River, a fork of the Columbia. He went - through the Pass, and saw the head-waters of the Colorado, of - the Gulf of California; and, leaving the valleys to indulge a - laudable curiosity and to make some useful observations, and - attended by four of his men, he climbed the loftiest peak of the - Rocky Mountains, until then untrodden by any known human being; - and, on the 15th of August, looked down upon ice and snow some - thousand feet below, and traced in the distance the valleys of - the rivers which, taking their rise in the same elevated ridge, - flow in opposite directions to the Pacific Ocean and to the - Mississippi. From that ultimate point he returned by the valley - of the Great Platte, following the stream in its whole course, - and solving all questions in relation to its navigability, and - the character of the country through which it flows. - - "Over the whole course of this extended route, barometrical - observations were made by Mr. Fremont, to ascertain elevations - both of the plains and of the mountains; astronomical - observations were taken, to ascertain latitudes and longitudes; - the face of the country was marked as arable or sterile; the - facility of travelling, and the practicability of routes, noted; - the grand features of nature described, and some presented in - drawings; military positions indicated; and a large contribution - to geology and botany was made in the varieties of plants, - flowers, shrubs, trees, and grasses, and rocks and earths, - which were enumerated. Drawings of some grand and striking - points, and a map of the whole route, illustrate the report, and - facilitate the understanding of its details. Eight carts, drawn - by two mules each, accompanied the expedition; a fact which - attests the facility of travelling in this vast region. Herds of - buffaloes furnished subsistence to the men; a short, nutritious - grass, sustained the horses and mules. Two boys (one of twelve - years of age, the other of eighteen), besides the enlisted - men, accompanied the expedition, and took their share of its - hardships; which proves that boys, as well as men, are able to - traverse the country to the Rocky Mountains. - - "The result of all his observations Mr. Fremont had condensed - into a brief report--enough to make a document of ninety or - one hundred pages; and believing that this document would - be of general interest to the whole country, and beneficial - to science, as well as useful to the government, I move the - printing of the extra number which has been named. - - "In making this motion, and in bringing this report to the - notice of the Senate, I take a great pleasure in noticing the - activity and importance of the Topographical Bureau. Under its - skilful and vigilant head [Colonel Abert], numerous valuable and - incessant surveys are made; and a mass of information collected - of the highest importance to the country generally, as well - as to the military branch of the public service. This report - proves conclusively that the country, for several hundred miles - from the frontier of Missouri, is exceedingly beautiful and - fertile; alternate woodland and prairie, and certain portions - well supplied with water. It also proves that the valley of the - river Platte has a very rich soil, affording great facilities - for emigrants to the west of the Rocky Mountains. - - "The printing was ordered." - - - - -CHAPTER CXIV. - -OREGON COLONIZATION ACT: MR. BENTON'S SPEECH. - - -MR. BENTON said: On one point there is unanimity on this floor; -and that is, as to the title to the country in question. All agree -that the title is in the United States. On another point there is -division; and that is, on the point of giving offence to England, -by granting the land to our settlers which the bill proposes. On -this point we divide. Some think it will offend her--some think it -will not. For my part, I think she will take offence, do what we may -in relation to this territory. She wants it herself, and means to -quarrel for it, if she does not fight for it. I think she will take -offence at our bill, and even at our discussion of it. The nation -that could revive the question of impressment in 1842--which could -direct a peace mission to revive that question--the nation that can -insist upon the right of search, and which was ready to go to war -with us for what gentlemen call a few acres of barren ground in a -frozen region--the nation that could do these things, and which has -set up a claim to our territory on the western coast of our own -continent, must be ripe and ready to take offence at any thing that -we may do. I grant that she will take offence; but that is not the -question with me. Has she a _right_ to take offence? That is my -question! and this being decided in the negative, I neither fear nor -calculate consequences. I take for my rule of action the maxim of -President Jackson in his controversy with France--ask nothing but -what is right, submit to nothing wrong and leave the consequences -to God and the country. That maxim brought us safely and honorably -out of our little difficulty with France, notwithstanding the fears -which so many then entertained; and it will do the same with Great -Britain, in spite of our present apprehensions. Courage will keep -her off, fear will bring her upon us. The assertion of our rights -will command her respect; the fear to assert them will bring us her -contempt. The question, then, with me, is the question of right, -and not of fear! Is it right for us to make these grants on the -Columbia? Has Great Britain just cause to be offended at it? These -are my questions; and these being answered to my satisfaction, I go -forward with the grants, and leave the consequences to follow at -their pleasure. - -The fear of Great Britain is pressed upon us; at the same time her -pacific disposition is enforced and insisted upon. And here it -seems to me, that gentlemen fall into a grievous inconsistency. -While they dwell on the peaceable disposition of Great Britain, -they show her ready to go to war with us for nothing, or even for -our own! The northeastern boundary is called a dispute for a few -acres of barren land in a frozen region, worth nothing; yet we are -called upon to thank God Almighty and Daniel Webster for saving us -from a war about these few frozen and barren acres. Would Great -Britain have gone to war with us for these few acres? and is that a -sign of her pacific temper? The Columbia is admitted on all hands -to be ours; yet gentlemen fear war with Great Britain if we touch -it--worthless as it is in their eyes. Is this a sign of peace? Is -it a pacific disposition to go to war with us, for what is our own; -and which is besides, according to their opinion, not worth a straw? -Is this peaceful? If it is, I should like to know what is hostile. -The late special minister is said to have come here, bearing the -olive branch of peace in his hand. Granting that the olive branch -was in one hand, what was in the other? Was not the war question of -impressment in the other? also, the war question of search, on the -coast of Africa? also, the war question of the Columbia, which he -refused to include in the peace treaty? Were not these three war -questions in the other hand?--to say nothing of the Caroline; for -which he refused atonement; and the Creole, which he says would -have occasioned the rejection of the treaty, if named in it. All -these war questions were in the other hand; and the special mission, -having accomplished its peace object in getting possession of the -military frontiers of Maine, has adjourned all the war questions -to London, where we may follow them if we please. But there is one -of these subjects for which we need not go to London--the Creole, -and its kindred cases. The conference of Lord Ashburton with the -abolition committee of New York shows that that question need not -go to London--that England means to maintain all her grounds on -the subject of slaves, and that any treaty inconsistent with these -grounds would be rejected. This is what he says: - - "Lord Ashburton said that, when the delegation came to read his - correspondence with Mr. Webster, they would see that he had - taken all possible care to prevent any injury being done to - the people of color; that, if he had been willing to introduce - an article including cases similar to that of the Creole, his - government would never have ratified it, as they will adhere to - the great principles they have so long avowed and maintained; - and that the friends of the slave in England would be very - watchful to see that no wrong practice took place under the - tenth article." - -This is what his lordship said in New York, and which shows that it -was not want of instructions to act on the Creole case, as alleged -in Mr. Webster's correspondence, but want of inclination in the -British government to settle the case. The treaty would have been -rejected, if the Creole case had been named in it; and if we had -had a protocol showing that fact, I presume the important note of -Lord Ashburton would have stood for as little in the eyes of other -senators as it did in mine, and that the treaty would have found -but few supporters. The Creole case would not be admitted into -the treaty; and what was put in it, is to give the friends of the -slaves in England a right to watch us, and to correct our wrong -practices under the treaty! This is what the protocol after the -treaty informs us; and if we had had a protocol before it, it is -probable that there would have been no occasion for this conference -with the New York abolitionists. Be that as it may, the peace -mission, with its olive branch in one hand, brought a budget of war -questions in the other, and has carried them all back to London, to -become the subject of future negotiations. All these subjects are -pregnant with danger. One of them will force itself upon us in five -years--the search question--which we have purchased off for a time; -and when the purchase is out we must purchase again, or submit to be -searched, or resist with arms. I repeat it: the pacific England has -a budget of war questions now in reserve for us, and that we cannot -escape them by fearing war. Neither nations nor individuals ever -escaped danger by fearing it. They must face it, and defy it. An -abandonment of a right, for fear of bringing on an attack, instead -of keeping it off, will inevitably bring on the outrage that is -dreaded. - -Other objections are urged to this bill, to which I cannot agree. -The distance is objected to it. It is said to be eighteen thousand -miles by water (around Cape Horn), and above three thousand miles -by land and water, through the continent. Granted. The very -distance, by Cape Horn, was urged by me, twenty years ago, as a -reason for occupying and fortifying the mouth of the Columbia. -My argument was, that we had merchant ships and ships of war in -the North Pacific Ocean; that these vessels were twenty thousand -miles from an Atlantic port; that a port on the western coast of -America was indispensable to their safety; and that it would be -suicidal in us to abandon the port we have there to any power, -and especially to the most formidable and domineering naval power -which the world ever saw. And I instanced the case of Commodore -Porter, his prizes lost, and his own ship eventually captured in -a neutral port, because we had no port of our own to receive and -shelter him. The twenty thousand miles distance, and dangerous and -tempestuous cape to be doubled, were with me arguments in favor of -a port on the western coast of America, and, as such, urged on this -floor near twenty years ago. The distance through the continent -is also objected to. It is said to exceed three thousand miles. -Granted. But it is further than that to Africa, where we propose to -build up a colony of negroes out of our recaptured Africans. Our -eighty-gun fleet is to carry her intercepted slaves to Liberia: so -says the correspondence of the naval captains (Bell and Paine) with -Mr. Webster. Hunting in couples with the British, at an expense -of money (to say nothing of the loss of lives and ships) of six -hundred thousand dollars per annum, to recapture kidnapped negroes, -we are to carry them to Liberia, and build up a black colony there, -four thousand miles from us, while the Columbia is too far off for -a white colony! The English are to carry their redeemed captives -to Jamaica, and make apprentices of them for life. We are to -carry ours to Liberia; and then we must go to Liberia to protect -and defend them. Liberia is four thousand miles distant, and not -objected to on account of the distance; the Columbia is not so far, -and distance becomes a formidable objection. - -The expense is brought forward as another objection, and repeated, -notwithstanding the decisive answer it has received from my -colleague. He has shown that it is but a fraction of the expense of -the African squadron; that this squadron is the one-twelfth part of -our whole naval establishment, which is to cost us seven millions of -dollars per annum, and that the annual cost of the squadron must be -near six hundred thousand dollars, and its expense for five years -three millions. For the forts in the Oregon--forts which are only to -be stockades and block-houses, for security against the Indians--for -these forts, only one hundred thousand dollars is appropriated; -being the sixth part of the annual expense, and the thirtieth part -of the whole expense, of the African fleet. Thus the objection of -expense becomes futile and ridiculous. But why this everlasting -objection of expense to every thing western? Our dragoons -dismounted, because, they say, horses are too expensive. The western -rivers unimproved, on account of the expense. No western armory, -because of the expense. Yet hundreds of thousands, and millions, for -the African squadron! - -Another great objection to the bill is the land clause--the grants -of land to the settler, his wife, and his children. Gentlemen say -they will vote for the bill if that clause is stricken out; and -I say, I will vote against it if that clause is stricken out. It -is, in fact, the whole strength and essence of the bill. Without -these grants, the bill will be worth nothing. Nobody will go three -thousand miles to settle a new country, unless he gets land by it. -The whole power of the bill is in this clause; and if it is stricken -out, the friends of the bill will give it up. They will give it up -now, and wait for the next Congress, when the full representation of -the people, under the new census, will be in power, and when a more -auspicious result might be expected. - -Time is invoked, as the agent that is to help us. Gentlemen object -to the present time, refer us to the future, and beg us to wait, -and rely upon TIME and NEGOTIATIONS to accomplish all our wishes. -Alas! _time_ and _negotiation_ have been fatal agents to us, in all -our discussions with Great Britain. Time has been constantly working -for her, and against us. She now has the exclusive possession of the -Columbia; and all she wants is _time_, to ripen her possession into -title. For above twenty years--from the time of Dr. Floyd's bill, in -1820, down to the present moment--the present time, for vindicating -our rights on the Columbia, has been constantly objected to; and we -were bidden to wait. Well, we have waited: and what have we got by -it? Insult and defiance!--a declaration from the British ministers -that large British interests have grown up on the Columbia during -this time, which they will protect!--and a flat refusal from the -olive-branch minister to include this question among those which his -peaceful mission was to settle! No, sir; time and negotiation have -been bad agents for us, in our controversies with Great Britain. -They have just lost us the military frontiers of Maine, which we had -held for sixty years; and the trading frontier of the Northwest, -which we had held for the same time. Sixty years' possession, and -eight treaties, secured these ancient and valuable boundaries: one -negotiation, and a few days of time, have taken them from us! And -so it may be again. The Webster treaty of 1842 has obliterated the -great boundaries of 1783--placed the British, their fur company and -their Indians, within our ancient limits: and I, for one, want no -more treaties from the hand which is always seen on the side of the -British. I go now for vindicating our rights on the Columbia; and, -as the first step towards it, passing this bill, and making these -grants of land, which will soon place the thirty or forty thousand -rifles beyond the Rocky Mountains, which will be our effective -negotiators. - - - - -CHAPTER CXV. - -NAVY PAY AND EXPENSES: PROPOSED REDUCTION: SPEECH OF MR. -MERIWETHER, OF GEORGIA: EXTRACTS. - - -Mr. Meriwether said "that it was from no hostility to the service -that he desired to reduce the pay of the navy. It had been increased -in 1835 to meet the increase of labor elsewhere, &c.; and a decline -having taken place there, he thought a corresponding decline should -take place in the price of labor in the navy. At the last session -of Congress, this House called on the Secretary of the Navy for a -statement of the pay allowed each officer previous to the act of -1835. From the answer to that resolution, Mr. M. derived the facts -which he should state to the House. He was desirous of getting -the exact amount received by each grade of officers, to show the -precise increase by the act of 1835. Aided by that report, the -Biennial Register of 1822, and the Report of the Secretary of the -Navy for 1822, furnishing the estimates for the 'full pay and full -rations' of each grade of officers, he was enabled to present the -entire facts accurately. Previous to that time, the classification -of officers was different from what it has been since; but, as far -as like services have been rendered under each classification, the -comparative pay is presented under each. Previous to 1835, the pay -of the 'commanding officer of the navy' was $100 per month, and -sixteen rations per day, valued at 25 cents each ration; which -amounted, 'full pay and full rations,' to $2,660 per annum. The same -officer as senior captain in service receives now $4,500; while -'on leave,' he receives $3,500 per annum. Before 1835, a 'captain -commanding a squadron' received the same pay as the commanding -officer of the navy, and the same rations; amounting, in all, to -$2,660; that same officer, exercising the same command, receives now -$4,000. Before 1835, a captain commanding a vessel of 32 guns and -upwards, received $100 per month and eight rations per day--being -a total of $1,930 per annum; a captain commanding a vessel of 20 -and under 32 guns, received $75 per month and six rations per -day--amounting to $1,447 50 per annum. Since 1835, these same -captains, when performing these same duties, receive $3,500; and -when at home, by their firesides, 'waiting orders,' receive $2,500 -per annum. Before 1835, a 'master commanding' received $60 per month -and five rations per day--amounting to $1,176 per annum. Since that -time, the same officer, in sea service, receives $2,500 per annum; -at other duty, $2,100 per annum; and 'waiting orders,' $1,800 per -annum. Before 1835, a 'lieutenant commanding' received $50 per -month and four rations per day; which amounted to $965 per annum. -Since that time, the same officer receives, for similar services, -$1,800 per annum. Before 1835, a lieutenant on other duty received -$40 per month, and three rations per day--amounting to $761 per -annum. Since that time, for the same services, that same officer -has received $1,500 per annum; and when 'waiting orders,' $1,200 -per annum. Before 1835, a midshipman received $19 per month and one -ration per day--making $319 25 per annum. Since that time, a passed -midshipman on duty received $750 per annum; if 'waiting orders,' -$600; a midshipman received, in sea service, $400; on other duty, -$350; and 'waiting orders,' $300 per annum. Surgeons, before 1835, -received $50 per month and two rations per day--amounting to $787 -50; they now receive from $1,000 to $2,700 per annum. Before 1835, a -'schoolmaster' received $25 per month and two rations per day; now, -under the name of a professor, he receives $1,200 per annum. - -"Before 1835, a carpenter, boatswain, and gunner received $20 per -month and two rations per day--making $427 50 each per annum; they -now receive, if employed on a ship-of-the-line, $750, on a frigate -$600, on other duty $500, and 'waiting orders' $360 per annum. A -similar increase has been made in the pay of all other officers. The -pay of seamen has not been enlarged, and it is proposed to leave it -as it is. In several instances, an officer idle, 'waiting orders,' -receives more pay now than one of similar grade received during -the late war, when he exposed his life in battle in defence of his -country. At the navy-yards the pay of officers was greater than at -sea. Before 1835, a captain commandant received for pay, rations, -candles, and servants' hire, $3,013 per annum, besides fuel; the -same officer, for the same services, receives now $3,500 per annum. -A master commandant received $1,408 per annum, with fuel; the same -officer now receives $2,100 per annum. A lieutenant received $877, -with fuel; the same officer receives now $1,500. At naval stations, -before the act of 1835, a captain received $2,660 per annum; he now -receives $3,500 per annum. A lieutenant received $761 per annum, and -he now receives $1,500 per annum. Before and since the act of 1835, -quarters were furnished the officers at navy yards and stations. -Before that time, the pay and emoluments were estimated for in -dollars and cents, and appropriated for as pay; and the foregoing -statements are taken from the actual 'estimates' of the navy -department, and, as such, show the whole pay and emoluments received -by each officer. - -"The effect of this increase of pay has been realized prejudicially -in more ways than one. In the year 1824, there were afloat in the -navy, 404 guns; in 1843, 946 guns. The cost of the item of pay alone -for each gun, then, was $2,360; now the cost is $3,500. - -"The naval service has become, to a great extent, one of ease and -of idleness. The high pay has rendered its offices mostly sinecures; -hence the great effort to increase the number of officers. Every -argument has been used, every entreaty resorted to, to augment that -corps. We have seen the effect of this, that in one year (1841) -there were added 13 captains, 41 commanders, 42 lieutenants, and 163 -midshipmen, without any possibly conceivable cause for the increase; -and when, at the same time, these appointments were made, there -were 20 captains 'waiting orders,' and 6 'on leave;' 26 commanders -'waiting orders,' and 3 'on leave;' 103 lieutenants 'on leave and -waiting orders,' and 16 midshipmen 'on leave and waiting orders.' -The pay of officers 'waiting orders' amounted, during the year 1841, -to $261,000; and now the amount required for the pay of that same -idle corps, increased by a useless and unnecessary increase of the -navy, is $395,000! It is a fact worthy of notice that, under the -old pay in 1824, there were 28 captains, 4 of whom were 'waiting -orders,' of 30 commanders, only 7 were 'waiting orders.' Under the -new pay, in 1843, there are 68 captains, of whom 38 are 'waiting -orders;' 97 commanders, of whom 57 are 'waiting orders and on -leave.' The item of pay, in 1841, amounted to $2,335,000, and we -are asked to appropriate for the next twelve months $3,333,139. To -give employment to as many officers as possible, it is proposed to -extend greatly our naval force; increasing the number of our vessels -in commission largely, and upon every station, notwithstanding our -commerce is reduced, and we are at peace with all the world, and -have actually purchased our peace from the only nation from which we -apprehended difficulty. - -"It was stated somewhere, in some of the reports, that the -appropriation necessary to defray the expenses of courts-martial -in the navy would be, this year $50,000. This was a very large -amount, when contrasted with the service. The disorderly conduct -of the navy was notorious--no one could defend it. The country -was losing confidence in it daily, and becoming more unwilling to -bear the burdens of taxation to foster or sustain it. A few years -since, its expenditures did not exceed four millions and a half: -they are now up to near eight millions of dollars. Its expense is -greater now than during the late war with England. Notwithstanding -the unequivocal declarations of Congress, at the last session, -against the increase of the navy, and in favor of its reduction, -the Secretary passes all unheeded, and moves on in his bold career -of folly and extravagance, without abiding for a moment any will -but his own. Nothing more can be hoped for, so long as the navy has -such a host of backers, urging its increase and extravagance--from -motives of personal interest too often. The axe should be laid at -once to the root of the evil: cut down the pay, and it will not then -be sought after so much as a convenient resort for idlers, who seek -the offices for pay, expecting and intending that but little service -shall be rendered in return, because but very little is needed. The -salaries are far beyond any compensation paid to any other officer -of government, either State or Federal, for corresponding services. -A lieutenant receives higher pay than a very large majority of the -judges of the highest judicatories known to the States; a commander -far surpasses them, and equals the salaries of a majority of the -Governors of the States. Remove the temptation which high pay and -no labor present, and you will obviate the evil. Put down the -salaries to where they were before the year 1835, and you will have -no greater effort after its offices than you had before. So long as -the salaries are higher than similar talents can command in civil -life, so long will applicants flock to the navy for admission, and -the constant tendency will be to increase its expenses. The policy -of our government is to keep a very small army and navy during time -of peace, and to insure light taxes, and to induce the preponderance -of the civil over the military authorities. In time of peace we -shall meet with no difficulty in sustaining an efficient navy, as -we always have done. In time of war, patriotism will call forth our -people to the service. Those who would not heed this call are not -wanted; for those who fight for pay will, under all circumstances, -fight for those who will pay the best. The navy cannot complain of -this proposed reduction; for its pay was increased in view of the -increasing value of labor and property throughout the whole country. -No other pay was increased; and why should not this be reduced?--not -the whole amount actually increased, but only a small portion of the -increase? It is due to the country; and no one should object. We are -now supporting the government on borrowed money. The revenues will -not be sufficient to support it hereafter; and reduction has to take -place sooner or later, and upon some one or all of the departments. -Upon which ought it to fall more properly than on that which has -been defended against the prejudices resulting from the high prices -which have recently fallen upon every department of labor and -property? - -"By the adoption of the amendment proposed, there will be a -permanent and annual saving of about $400,000 in the single item of -pay. And from the embarrassed condition of the treasury, so large -a sum of money might, with the greatest propriety, be saved; more -especially since by the late British treaty concluded at this place, -an annual increase is to be made to the navy expenditures of some -$600,000, as it is stated, to keep a useless squadron on the coast -of Africa. The estimates for pay for the present year greatly exceed -those of the last year. We appropriated for the last year's service -for pay, &c., $2,335,000. The sum asked for the same service this -year is $2,953,139. Besides, there is the sum of $380,000 asked for -clothing--a new appropriation, never asked for before. The clothing -for seamen being paid for by themselves, so much of the item of pay -as was necessary had hitherto been expended in clothing for them, -which was received by them in lieu of money. Now a separate fund -is asked, which is to be used as pay, and will increase that item -so much, making a sum-total of $3,333,139; which is an excess of -$998,139 over and above that appropriated for the like purpose last -session. - -"The Secretary of the Navy says that his plan of keeping the ships -sailing over the ocean (where possibly no vessel can or will see -them, and where the people with whom we trade can never learn any -thing of our greatness, on account of the absence of our ships from -their ports, being kept constantly sailing from station to station) -will 'require larger squadrons than we have heretofore employed.' -He then states that his estimates are prepared for squadrons upon -this large and expensive scale. 'This,' he says, 'it is my duty -to do, submitting to Congress to determine whether, under the -circumstances, so large a force can properly be put in commission or -not. If the condition of the treasury will warrant it (of which they -are the judges), I have no hesitation in recommending the largest -force estimated for.' It is well known that the condition of the -treasury will not warrant this force. We must fall back upon the -force of last year, as the _ultimatum_ that can be sustained. Our -appropriations for pay last year were $1,000,000 less than those now -asked for. This can be cut off without prejudice to the service; and -with the reduction proposed in the salaries, $1,400,000 can be saved -from waste, and applied to sustain a depleted treasury. Increase is -now unreasonable and impracticable. - -"A portion of the home squadron, authorized in September, 1841, has -not yet gone to sea for the want of seamen. While our commerce is -failing, and our sailors are idle, they will not enter the service. -The flag-ship of that squadron is yet in port without her complement -of men. Why then only increase officers and build ships, when you -cannot get men to man them? - -"From 1829 to 1841, the sums paid to officers 'waiting orders,' -were, 1829, $197,684; in 1830, $156,025; in 1831, $231,378; in 1832, -$204,290; in 1833, $205,233; in 1834, $202,914; in 1835, $219,036; -in 1836, $212,362; in 1837, $250,930; in 1838, $297,000; in 1839, -$265,043; in 1840, $265,000; in 1841, $252,856. - -"The honorable member also showed from the report of the chief of -the medical department, that, out of the appropriation for medicine -there had been purchased in one year 31 blue cloth frock coats with -navy buttons and a silver star on them, 31 pairs of blue cassimere -pantaloons, and 31 blue cassimere vests with navy buttons--all for -pensioners. He also shows that under the head of medicine there -had been purchased out of the same fund, whiskey, coal, clothing, -spirits, harness, stationery, hay, corn, oats, stoves, beef, mutton, -fish, bread, charcoal, &c., to the amount of some $4,000; and, in -general, that purchases of all articles were generally made from -particular persons, and double prices paid. Many examples of this -were given, among them the purchase of certain surgical instruments -in Philadelphia from the favored sellers for the sum of $1,224 and -54 cents, which it was proved had been purchased by them from the -maker, in the same city, for $669 and 81 cents: and in the same -proportion in the purchases generally." - - - - -CHAPTER CXVI. - -EULOGY ON SENATOR LINN: SPEECHES OF MR. BENTON AND MR. -CRITTENDEN. - - -IN SENATE: _Tuesday, December 12, 1843_.-- - -The death of Senator LINN. - -The journal having been read, Mr. Benton rose and said: - - "Mr. PRESIDENT:--I rise to make to the Senate the formal - communication of an event which has occurred during the - recess, and has been heard by all with the deepest regret. My - colleague and friend, the late Senator Linn, departed this life - on Tuesday, the 3d day of October last, at the early age of - forty-eight years, and without the warnings or the sufferings - which usually precede our departure from this world. He had laid - him down to sleep, and awoke no more. It was to him the sleep - of death! and the only drop of consolation in this sudden and - calamitous visitation was, that it took place in his own house, - and that his unconscious remains were immediately surrounded by - his family and friends, and received all the care and aid which - love and skill could give. - - "I discharge a mournful duty, Mr. President, in bringing this - deplorable event to the formal notice of the Senate; in offering - the feeble tribute of my applause to the many virtues of my - deceased colleague, and in asking for his memory the last honors - which the respect and affection of the Senate bestow upon the - name of a deceased brother. - - "LEWIS FIELD LINN, the subject of this annunciation, was born - in the State of Kentucky, in the year 1795, in the immediate - vicinity of Louisville. His grandfather was Colonel William - Linn, one of the favorite officers of General George Rodgers - Clark, and well known for his courage and enterprise in the - early settlement of the Great West. At the age of eleven he - had fought in the ranks of men, in the defence of a station in - western Pennsylvania, and was seen to deliver a deliberate and - effective fire. He was one of the first to navigate the Ohio and - Mississippi from Pittsburg to New Orleans, and back again--a - daring achievement, which himself and some others accomplished - for the public service, and amidst every species of danger, in - the year 1776. He was killed by the Indians at an early period; - leaving a family of young children, of whom the worthy Colonel - William Pope (father of Governor Pope, and head of the numerous - and respectable family of that name in the West) became the - guardian. The father of Senator LINN was among these children; - and, at an early age, skating upon the ice near Louisville, with - three other boys, he was taken prisoner by the Shawanee Indians, - carried off, and detained captive for three years, when all four - made their escape and returned home, by killing their guard, - traversing some hundred miles of wilderness, and swimming the - Ohio River. The mother of Senator LINN was a Pennsylvanian by - birth; her maiden name Hunter; born at Carlisle; and also had - heroic blood in her veins. Tradition, if not history, preserves - the recollection of her courage and conduct at Fort Jefferson, - at the Iron Banks, in 1781, when the Indians attacked and were - repulsed from that post. Women and boys were men in those days. - - "The father of Senator LINN died young, leaving this son - but eleven years of age. The cares of an elder brother[5] - supplied (as far as such a loss could be supplied) the loss of - a father; and under his auspices the education of the orphan - was conducted. He was intended for the medical profession, and - received his education, scholastic and professional, in the - State of his nativity. At an early age he was qualified for the - practice of medicine, and commenced it in the then territory, - now State, of Missouri; and was immediately amongst the foremost - of his profession. Intuitive sagacity supplied in him the place - of long experience; and boundless benevolence conciliated - universal esteem. To all his patients he was the same; flying - with alacrity to every call, attending upon the poor and humble - as zealously as on the rich and powerful, on the stranger as - readily as on the neighbor, discharging to all the duties of - nurse and friend as well as of physician, and wholly regardless - of his own interest, or even of his own health, in his zeal to - serve and to save others. - - [5] General now Senator Henry Dodge. - - "The highest professional honors and rewards were before him. - Though commencing on a provincial theatre, there was not a - capital in Europe or America in which he would not have attained - the front rank in physic or surgery. But his fellow-citizens - perceived in his varied abilities, capacity and aptitude for - service in a different walk. He was called into the political - field by an election to the Senate of his adopted State. - Thence he was called to the performance of judicial duties, - by a federal appointment to investigate land titles. Thence he - was called to the high station of senator in the Congress of - the United States--first by an executive appointment, then by - three successive almost unanimous elections. The last of those - elections he received but one year ago, and had not commenced - his duties under it--had not sworn in under the certificate - which attested it--when a sudden and premature death put an end - to his earthly career. He entered this body in the year 1833; - death dissolved his connection with it in 1843. For ten years he - was a beloved and distinguished member of this body; and surely - a nobler or a finer character never adorned the chamber of the - American Senate. - - "He was my friend; but I speak not the language of friendship - when I speak his praise. A debt of justice is all that I can - attempt to discharge: an imperfect copy of the _true man_ is all - that I can attempt to paint. - - "A sagacious head, and a feeling heart, were the great - characteristics of Dr. LINN. He had a judgment which penetrated - both men and things, and gave him near and clear views of far - distant events. He saw at once the bearing--the remote bearing - of great measures, either for good or for evil; and brought - instantly to their support, or opposition, the logic of a prompt - and natural eloquence, more beautiful in its delivery, and more - effective in its application, than any that art can bestow. - He had great fertility of mind, and was himself the author - and mover of many great measures--some for the benefit of the - whole Union--some for the benefit of the Great West--some for - the benefit of his own State--many for the benefit of private - individuals. The pages of our legislative history will bear the - evidences of these meritorious labors to a remote and grateful - posterity. - - "Brilliant as were the qualities of his head, the qualities of - his heart still eclipse them. It is to the heart we look for - the character of the man; and what a heart had LEWIS LINN! The - kindest, the gentlest, the most feeling, and the most generous - that ever beat in the bosom of bearded man! And yet, when the - occasion required it, the bravest and the most daring also. - He never beheld a case of human woe without melting before - it; he never encountered an apparition of earthly danger - without giving it defiance. Where is the friend, or even the - stranger, in danger, or distress, to whose succor he did not - fly, and whose sorrowful or perilous case he did not make his - own? When--where--was he ever called upon for a service, or a - sacrifice, and rendered not, upon the instant, the one or the - other, as the occasion required? - - "The senatorial service of this rare man fell upon trying - times--high party times--when the collisions of party too often - embittered the ardent feelings of generous natures; but who ever - knew bitterness, or party animosities in him? He was, indeed, - a party man--as true to his party as to his friend and his - country; but beyond the line of duty and of principle--beyond - the debate and the vote--he knew no party, and saw no opponent. - Who among us all, even after the fiercest debate, ever met him - without meeting the benignant smile and the kind salutation? Who - of us all ever needed a friend without finding one in him? Who - of us all was ever stretched upon the bed of sickness without - finding him at its side? Who of us all ever knew of a personal - difficulty of which he was not, as far as possible, the kind - composer? - - "Such was Senator Linn, in high party times, here among us. And - what he was here, among us, he was every where, and with every - body. At home among his friends and neighbors; on the high road - among casual acquaintances; in foreign lands among strangers; in - all, and in every of these situations, he was the same thing. He - had kindness and sympathy for every human being; and the whole - voyage of his life was one continued and benign circumnavigation - of all the virtues which adorn and exalt the character of man. - Piety, charity, benevolence, generosity, courage, patriotism, - fidelity, all shone conspicuously in him, and might extort from - the beholder the impressive interrogatory, '_For what place - was this man made?_' Was it for the Senate, or the camp? For - public or for private life? For the bar or the bench? For the - art which heals the diseases of the body, or that which cures - the infirmities of the State? For which of all these was he - born? And the answer is, 'For all!' He was born to fill the - largest and most varied circle of human excellence; and to crown - all these advantages, Nature had given him what the great Lord - Bacon calls a perpetual letter of recommendation--a countenance, - not only good, but sweet and winning--radiant with the virtues - of his soul--captivating universal confidence; and such as no - stranger could behold--no traveller, even in the desert, could - meet, without stopping to reverence, and saying 'Here is a man - in whose hands I could deposit life, liberty, fortune, honor!' - Alas! that so much excellence should have perished so soon! that - such a man should have been snatched away at the early age of - forty-eight, and while all his faculties were still ripening and - developing! - - "In the life and character of such a man, so exuberant in all - that is grand and beautiful in human nature, it is difficult to - particularize excellences or to pick out any one quality, or - circumstance, which could claim pre-eminence over all others. - If I should attempt it, I should point, among his measures for - the benefit of the whole Union, to the Oregon Bill; among his - measures for the benefit of his own State, to the acquisition - of the Platte Country; among his private virtues, to the love - and affection which he bore to that brother--the half-brother - only--who, only thirteen years older than himself had been to - him the tenderest of fathers. For twenty-nine years I had known - the depth of that affection, and never saw it burn more brightly - than in our last interview, only three weeks before his death. - He had just travelled a thousand miles out of his way to see - that brother; and his name was still the dearest theme of his - conversation--a conversation, strange to tell! which turned, not - upon the empty and fleeting subjects of the day, but upon things - solid and eternal--upon friendship, and upon death, and upon - the duties of the living to the dead. He spoke of two friends - whom it was natural to believe that he should survive, and to - whose memories he intended to pay the debt of friendship. Vain - calculation! Vain impulsion of generosity and friendship! One of - these two friends now discharges that mournful debt to him: the - other[6] has written me a letter, expressing his '_deep sorrow - for the untimely death of our friend_, Dr. LINN.'" - - [6] General Jackson. - -Mr. BENTON then offered the following resolutions: - - "_Resolved unanimously_, That the members of the Senate, from - sincere desire of showing every mark of respect due to the - memory of the Hon. LEWIS F. LINN, deceased, late a member - thereof, will go into mourning, by wearing crape on the left arm - for thirty days. - - "_Resolved unanimously_, That, as an additional mark of respect - for the memory of the Hon. LEWIS F. LINN, the Senate do now - adjourn." - - "Mr. CRITTENDEN said: I rise, Mr. President, to second the - motion of the honorable senator from Missouri, and to express my - cordial concurrence in the resolutions he has offered. - - "The highest tribute of our respect is justly due to the - honored name and memory of Senator Linn, and there is not a - heart here that does not pay it freely and plenteously. These - resolutions are but responsive to the general feeling that - prevails throughout the land, and will afford to his widow and - his orphans the consolatory evidence that their _country_ shares - their grief, and mourns for their bereavement. - - "I am very sensible, Mr. President, that the very appropriate, - interesting, and eloquent remarks of the senator from Missouri - [Mr. BENTON] have made it difficult to add any thing that will - not impair the effect of what he has said; but I must beg the - indulgence of the Senate for a few moments. Senator Linn was - by birth a Kentuckian, and my countryman. I do not dispute the - claims of Missouri, his adopted State; but I wish it to be - remembered, that I claim for Kentucky the honor of his nativity; - and by the great law that regulates such precious inheritances, - a portion, at least, of his fame must descend to his native - land. It is the just ambition and right of Kentucky to gather - together the bright names of her children, no matter in what - lands their bodies may be buried, and to preserve them as her - jewels and her crown. The name of Linn is one of her jewels; and - its pure and unsullied lustre shall long remain as one of her - richest ornaments. - - "The death of such a man is a national calamity. Long a - distinguished member of this body, he was continually rewarded - with the increasing confidence of the great State he so - honorably represented; and his reputation and usefulness - increased at every step of his progress. - - "In the Senate his death is most sensibly felt. We have lost a - colleague and friend, whose noble and amiable qualities bound - us to him as with 'hooks of steel.' Who of us that knew him can - forget his open, frank, and manly bearing--that smile, that - seemed to be the pure, warm sunshine of the heart, and the - thousand courtesies and kindnesses that gave a 'daily beauty to - his life?' - - "He possessed a high order of intellect; was resolute, - courageous, and ardent in all his pursuits. A decided party - man, he participated largely and conspicuously in the business - of the Senate and the conflicts of its debates; but there was a - kindliness and benignity about him, that, like polished armor, - turned aside all feelings of ill-will or animosity. He had - political opponents in the Senate, but not one enemy. - - "The good and generous qualities of our nature were blended in - his character; - - '---- and the elements - So mixed in him, that Nature might stand up - And say to all the world--_This was a man_.'" - -The resolutions were then adopted, and the Senate adjourned. - - - - -CHAPTER CXVII. - -THE COAST SURVEY: ATTEMPT TO DIMINISH ITS EXPENSE, AND TO -EXPEDITE ITS COMPLETION, BY RESTORING THE WORK TO NAVAL AND -MILITARY OFFICERS. - - -Under the British government, not remarkable for its economy, the -survey of the coasts is exclusively made by naval officers, and the -whole service presided by an admiral, of some degree--usually among -the lowest; and these officers survey not only the British coasts -throughout all their maritime possessions, but the coasts of other -countries where they trade, when it has not been done by the local -authority. The survey of the United States began in the same way, -being confined to army and navy officers; and costing but little: -now it is a civil establishment, and the office which conducts it -has almost grown up into a department, under a civil head, and civil -assistance costing a great annual sum. From time to time efforts -have been made to restore the naval superintendence of this work, as -it was when it was commenced under Mr. Jefferson: and as it now is, -and always has been, in Great Britain. At the session 1842-'3, this -effort was renewed; but with the usual fate of all attempts to put -an end to any unnecessary establishment, or expenditure. A committee -of the House had been sitting on the subject for two sessions, and -not being able to agree upon any plan, proposed an amendment to the -civil and diplomatic appropriation bill, by which the legislation, -which they could not agree upon, was to be referred to a board of -officers; and their report, when accepted by the President, was to -become law, and to be carried into effect by him. Their proposition -was in these words: - - "That the sum of one hundred thousand dollars be appropriated, - out of any money in the Treasury not otherwise appropriated, - for continuing the survey of the coast of the United States: - _Provided_, That this, and all other appropriations hereafter - to be made for this work, shall, until otherwise provided by - law, be expended in accordance with a plan of re-organizing the - mode of executing the survey, to be submitted to the President - of the United States by a board of officers which shall be - organized by him, to consist of the present superintendent, his - two principal assistants, and the two naval officers now in - charge of the hydrographical parties, and four from among the - principal officers of the corps of topographical engineers; none - of whom shall receive any additional compensation whatever for - this service, and who shall sit as soon as organized. And the - President of the United States shall adopt and carry into effect - the plan of said board, as agreed upon by a majority of its - members; and the plan of said board shall cause to be employed - as many officers of the army and navy of the United States as - will be compatible with the successful prosecution of the work; - the officers of the navy to be employed on the hydrographical - parts, and the officers of the army on the topographical parts - of the work. And no officer of the army or navy shall hereafter - receive any extra pay, out of this or any future appropriations, - for surveys." - -In support of this proposition, Mr. Mallory, the mover of it, under -the direction of the committee, said: - - "It would be perceived by the House, that this amendment - proposed a total re-organization of the work; and if it should - be carried out in the spirit of that amendment, it would correct - many of the abuses which some of them believed to exist and - would effect a saving of some $20,000 or $30,000, by dispensing - with the services of numerous civil officers, believed not - to be necessary, and substituting for them officers of the - topographical corps and officers of the navy. The committee - had left the plan of the survey to be decided on by a board of - officers, and submitted to the President for his approval, as - they had not been able to agree among themselves on any detailed - plan. He had, to be sure, his own views as to how the work - should be carried on; but as they did not meet the concurrence - of a majority of the committee, he could not bring them before - the House in the form of a report." - -This was the explanation of the proposition. Not being able to -agree to any act of legislation themselves, they refer it to the -President, and a board, to do what they could not, but with an -expectation that abuses in the work would be corrected, expense -diminished, and naval and military officers substituted, as far -as compatible with the successful prosecution of the work. This -was a lame way of getting a reform accomplished. To say nothing -of the right to delegate legislative authority to a board and the -President, that mode of proceeding was the most objectionable -that could have been devised. It is a proverb that these boards -are a machine in the hands of the President, in which he and they -equally escape responsibility--they sheltering themselves under his -approval--he, under their recommendation and, to make sure of his -approval, it is usually obtained before the recommendation is made. -This proposed method of effecting a reform was not satisfactory to -those who wished to see this branch of the service subjected to an -economical administration, and brought to a conclusion within some -reasonable time. With that view, Mr. Charles Brown, of Pennsylvania, -moved a reduction of the appropriation of more than one half, and a -transference of the work from the Treasury department (where it then -was) to the navy department where it properly belonged; and proposed -the work to be done by army and naval officers. In support of his -proposal, he said: - - "The amendment offered under the instructions of the committee, - did not look to the practical reform which the House expected - when this subject was last under discussion. He believed, that - there was a decided disposition manifested in the House to get - clear of the present head of the survey; yet the amendment of - the gentleman brought him forward as the most prominent member - of it. He thought the House decided, when the subject was up - before, that the survey should be carried on by the officers - of the general government; and he wished it to be carried on - in that way now. He did not wish to pay some hundred thousand - dollars as extra pay for officers taken from private life, when - there were so many in the navy and army perfectly competent to - perform this service. This work had cost nearly a million of - dollars ($720,000) by the employment of Mr. Hassler and his - civil assistants alone, without taking into consideration the - pay of the officers of the navy and army who were engaged in it." - -The work had then been in hand for thirty years, and the average -expense of each year would be $22,000; but it was now increased -to a hundred thousand; and Mr. Brown wished it carried back more -than half--a saving to be effected by transferring the work to -the Navy Department, where there were so many officers without -employment--receiving pay, and nothing to do. In support of his -proposal, Mr. Brown went into an examination of the laws on the -subject, to show that this work was begun under a law to have it -done as he proposed; and he agreed that the army and navy officers -(so many of whom were without commands), were competent to it; and -that it was absurd to put it under the Treasury Department. - - "The law of February 10, 1807, created the coast survey, put it - in the hands of the President, and authorized him to use army - and navy officers, navy vessels, astronomers, and other persons. - In August, 1816 Mr. Hassler was appointed superintendent. - His agreement was to "make the principal triangulation and - consequent calculations himself; to instruct the engineer and - naval officers employed under him; and he wanted two officers - of engineers, topographical or others, and some cadets of said - corps, in number according to circumstances. April 14, 1818, - that part of the law of 1807 was repealed which authorized the - employment of other persons than those belonging to the army and - navy. Up to this time over $55,000 were expended in beginning - the work and buying instruments, for which purpose Mr. Hassler - was in England from August 1811, to 1815. - - "June 10, 1832, the law of 1807 was revived, and Mr. Hassler - was again appointed superintendent. The work has been going on - ever since. The coast has been triangulated from Point Judith - to Cape Henlopen (say about 300 miles); but only a part of the - off-shore soundings have been taken. There are about 3,000 miles - of seaboard to the United States. $720,000 have been expended - already. It is stated, in Captain Swift's pamphlet, that the - survey of the coast was under the Treasury Department, because - Mr. Hassler was already engaged under that department, making - weights and measures. These are all made now. When the coast - survey was begun, the topographical corps existed but in name. - In 1838, it was organized and enlarged, and is now an able and - useful corps. Last year Congress established a hydrographical - bureau in the Navy Department. There are numbers of naval - officers capable of doing hydrographical duties under this - bureau. The coast survey is the most important topographical and - hydrographical work in the country. We have a topographical and - a hydrographical bureau, yet neither of them has any connection - with this great national work. Mr. Hassler has just published - from the opinion of the Marquis de La Place (Chamber of Peers, - session of 1816-'17), upon the French survey, this valuable - suggestion, viz: 'Perhaps even the great number of geographical - engineers which our present state of peace allows to employ in - this work, to which it is painful to see them strangers, would - render an execution more prompt, and less expensive.' - - "The Florida war is now over; many works of internal improvement - are suspended; there must be topographical officers enough for - the coast survey. The Russian government has employed an able - American engineer to perform an important scientific work; but - that wise government requires that all the assistants shall come - from its corps of engineers, which is composed of army and navy - officers. If the coast survey is to be a useful public work, - let the officers conduct it under their bureaus. The officers - would then take a pride in this duty, and do it well, and do it - cheap. The supervision of the bureaus would occasion _system_, - fidelity, and entire responsibility. More than $30,000 are now - paid annually to citizens, for salary out of the coast survey - appropriation. This could be saved by employing officers. - Make exclusive use of them, and half the present annual - appropriation would suffice. Can the treasury department manage - the survey understandingly? The Secretary of the Treasury has - already enough to do in the line of his duty; and, as far as - the survey is concerned, a clerk in the Treasury Department - is the secretary. Can a citizen superintendent, of closet and - scientific habits; or can a clerk in the Treasury Department, - manage, with efficiency and economy, so many land and water - parties, officers, men, vessels, and boats? The Navy Department - pays out of the navy appropriation the officers and men now - lent to the Treasury for the survey. The Secretary of the Navy - appears to have no control over the expenditures of this part of - the naval appropriation. He does not even select the officers - detailed for this duty, though he knows his own material best, - and those who are most suitable. This navy duty has become - treasury patronage, with commands, extra pay, &c. - - "The Treasury Department has charge of the vessels; they - are bought by the coast-survey appropriation; the off-shore - soundings are only in part taken. There are not vessels enough, - and of the right sort, to take these soundings, and in the - right way. Steamers are wanted. The survey appropriation cannot - bear the expense, but if the Navy Department had charge of - the hydrography, it could put suitable vessels on the coast - squadron, and employ them on the coast survey, agreeably to the - law of 1807. Last year the vessels did no soundings until about - the 1st of June, although the spring opened early. The Treasury - had not the means to equip the vessels until the appropriation - bill passed Congress. But if the navy had charge of vessels, the - few naval stores they wanted might have been furnished from the - navy stores, or given from second-hand articles not on charge - at the yards. Had good arrangements been made, the Delaware Bay - might readily have been finished last fall, and the chart of - it got out at once. Now, the topographical corps makes surveys - for defences; the navy officers make charts along the coast; - and the coast survey goes over the same place a third time. If - the officers did this work, the army might get the military - information, and the navy the hydrographical knowledge, which - the interest of the country requires that each of these branches - of the public defence should have; and this, at the expense of - but one survey; for, at places where defences might be required, - the survey could be done with the utmost minuteness. The - officers of the army and navy need not clash. The topographical - corps (aided by junior navy officers willing to serve under that - bureau--and the recent Florida war and the present coast survey - system, show that navy officers are willing to serve, for the - public good, under other departments than their own) would do - the topography and furnish the shore line. The hydrographical - officers would receive the shore line, take the soundings, and - make the chart. The same principle is now at work, and works - well. The navy officers now get the shore line from the citizens - in the shore parties. The President could direct the War and - Navy Secretaries to make such rules, through the bureaus, as - would obviate every difficulty. Employing officers would secure - for the public, system, economy, and despatch. The information - obtained would be got by the right persons and kept in the right - hands. Government would have complete command of the persons - employed; and should the work ever be suspended, might, at - pleasure, set them to work again on the same duty. The survey - he wished to be prosecuted without delay; and all he wanted was - to have it under the most efficient management. If it was found - that the officers of the navy and army were not competent, it - could be remedied hereafter; but it was due to them to give - them a fair trial, before they were condemned. Certainly they - ought not to be disgraced and condemned in advance. It was an - insult to them to suppose that Mr. Hassler was the only man in - the country capable of superintending this work; and that they - could not carry on the survey of our coast by triangulation. - They had been for some time, and were now, surveying the lakes; - and he believed their surveys would be equally correct with - Mr. Hassler's. We had a bureau of hydrography of the navy, - and a corps of topographical engineers, which were expressly - created to perform this kind of service; while there was the - military academy at West Point, which qualified the officers to - perform it. The people would hardly believe that these officers - (educated at the expense of the government) were not capable of - performing the services for which they were educated; and if - they thought so, they would be for abolishing that institution. - They would say that these officers should be dismissed, and - others appointed in their places, who were qualified. - - "He never could acknowledge that there was no other man but Mr. - Hassler in the country capable of carrying on the work. This - might have been the case when he was first appointed, thirty - years ago; but since that time they had a number of officers - educated at the military academy, while many others in the - civil walks of life had qualified themselves for scientific - employments. He was sure that the officers of the army and navy - were competent to perform this work. There was but little now - for the topographical engineers to do; and he had no doubt that - many of them, as well as officers of the navy, would be glad - to be employed on the coast survey. Indeed, several officers - of the navy had told him that they would like such employment, - rather than be idle, as they then were. From the rate the coast - survey had thus far proceeded, it would take more than a hundred - years to complete it. Certainly this was too slow. He hoped, - therefore, a change would be made. In the language of the report - of Mr. Aycrigg: 'We should then have the survey conducted on a - system of practical utility, and moving _right_ end foremost.'" - -These were wise suggestions, and unanswerable; but although they -could not be answered they could be prevented from becoming law. -Instead of reform of abuses, reduction of expense, and speedy -termination of the work, all the evils intended to be reformed went -on and became greater than ever, and all are still kept up upon -the same arguments that sustained the former. It is worthy of note -to hear the same reason now given for continuing the civilian, -Mr. Bache, at the head of this work, which was given for thirty -years for retaining Mr. Hassler in the same place, namely, that -there is no other man in the country that can conduct the work. -But that is a tribute which servility and interest will pay to any -man who is at the head of a great establishment; and is always -paid more punctually where the establishment ought to be abolished -than where it ought to be preserved; and for the obvious reason, -that the better one can stand on its own merits, while the worse -needs the support of incessant adulation. Mr. Brown's proposal was -rejected--the other adopted; and the coast survey now costs above -five hundred thousand dollars a year in direct appropriations, -besides an immense amount indirectly in the employment of government -vessels and officers: and no prospect of its termination. But the -friends of this great reform did not abandon their cause with the -defeat of Mr. Brown's proposition. Another was offered by Mr. -Aycrigg of New Jersey, who moved to discontinue the survey until -a report could be made upon it at the next session; and for this -motion there were 75 yeas--a respectable proportion of the House, -but not a majority. The yeas were: - - "Messrs. Landaff W. Andrews, Sherlock J. Andrews, Thomas D. - Arnold, John B. Aycrigg, Alfred Babcock, Henry W. Beeson, - Benjamin A. Bidlack, David Bronson, Aaron V. Brown, Milton - Brown, Edmund Burke, William B. Campbell, Thomas J. Campbell, - Robert L. Caruthers, Zadok Casey, Reuben Chapman, Thomas C. - Chittenden, James Cooper, Mark A. Cooper, Benjamin S. Cowen, - James H. Cravens, John R. J. Daniel, Garrett Davis, Ezra Dean, - Edmund Deberry, Andrew W. Doig, John Edwards, John C. Edwards, - Joseph Egbert, William P. Fessenden, Roger L. Gamble, Thomas - W. Gilmer, Willis Green, William Halsted, Jacob Houck, jr., - Francis James, Cave Johnson, Nathaniel S. Littlefield, Abraham - McClellan, James J. McKay, Alfred Marshall, John Mattocks, John - P. B. Maxwell, John Maynard, William Medill, Christopher Morgan, - William M. Oliver, Bryan Y. Owsley, William W. Payne, Nathaniel - G. Pendleton, Francis W. Pickens, John Pope, Joseph F. Randolph, - Kenneth Rayner, Abraham Rencher, John Reynolds, Romulus M. - Saunders, Tristram Shaw, Augustine H. Shepperd, Benjamin G. - Shields, William Slade, Samuel Stokely, Charles C. Stratton, - John T. Stuart, John B. Thompson, Philip Triplett. Hopkins L. - Turney, David Wallace, Aaron Ward, Edward D. White, Joseph L. - White, Joseph L. Williams, Thomas Jones Yorke, John Young." - -The friends of economy in Congress, when once more strong enough -to form a party, will have a sacred duty to perform to the -country--that of diminishing, by nearly one-half, the present mad -expenditures of the government: and the abolition of the present -coast-survey establishment should be among the primary objects -of retrenchment. It is a reproach to our naval and military -officers, and besides untrue in point of fact, to assume them to -be incapable of conducting and of performing this work: it is a -reproach to Congress to vote annually an immense sum on the civil -superintendence and conduct of this work, when there are more idle -officers on the pay-roll than could be employed upon it. - - - - -CHAPTER CXVIII. - -DEATH OF COMMODORE PORTER, AND NOTICE OF HIS LIFE AND CHARACTER. - - -The naval career of Commodore Porter illustrates in the highest -degree that which almost the whole of our naval officers, each -according to his opportunity, illustrated more or less--the benefits -of the cruising system in our naval warfare. It was the system -followed in the war of the Revolution, in the _quasi_ war with -France, and in the war of 1812--imposed upon us by necessity in -each case, not adopted through choice. In neither of these wars did -we possess ships-of-the-line and fleets to fight battles for the -dominion of the seas; fortunately, we had not the means to engage -in that expensive and fatal folly; but we had smaller vessels -(frigates the largest) to penetrate every sea, attack every thing -not too much over size, to capture merchantmen, and take shelter -when pressed where ships-of-the-line and fleets could not follow. We -had the enterprising officers which a system of separate commands so -favorably developes, and the ardent seamen who looked to the honors -of the service for their greatest reward. Wages were low; but reward -was high when the man before the mast, or the boy in the cabin, -could look upon his officer, and see in his past condition what he -himself was, and in his present rank what he himself might be. Merit -had raised one and might raise the other. - -The ardor for the service was then great; the service itself heroic. -A crew for a frigate has been raised in three hours. Instant sailing -followed the reception of the order. Distant and dangerous ground -was sought, fierce and desperate combat engaged; and woe to the -enemy that was not too much over size! Five, ten, twenty minutes -would make her a wreck and a prize. Almost every officer that -obtained a command showed himself an able commander. Every crew -was heroic; every cruise daring: every combat a victory, where -proximate equality rendered it possible. Never did any service, -in any age or country, exhibit so large a proportion of skilful, -daring, victorious commanders, mainly developed by the system -of warfare which gave so many a chance to show what they were. -Necessity imposed that system; judgment should continue it. Economy, -efficiency, utility, the impossibility of building a navy to cope -with the navies of the great maritime Powers, and the insanity of -doing it if we could, all combine to recommend to the United States -the system of naval warfare which does the most damage to the enemy -with the least expense to ourselves, which avoids the expensive -establishments which oppress the finances of other nations, and -which renders useless, for want of an antagonist, the great fleets -which they support at so much cost. - -Universally illustrated as the advantages of this system were by -almost all our officers in the wars of the Revolution, of '98, and -1812, it was the fortune of Commodore Porter, in the late war with -Great Britain, to carry that illustration to its highest point, and -to show, in the most brilliant manner, what an American cruiser -could do. Of course we speak of his cruise in the Pacific Ocean, -prefaced by a little preliminary run to the Grand Banks, which may -be considered as part of it--a cruise which the boy at school would -read for its romance, the mature man for its history, the statesman -for the lesson which it teaches. - -The Essex, a small frigate of thirty-two guns, chiefly carronades, -and but little superior to a first-class sloop-of-war of the present -day, with a crew of some three hundred men, had the honor to make -this illustrious cruise. Leaving New York in June, soon after -the declaration of war, and making some small captures, she ran -up towards the Grand Banks, and in the night discovered a fleet -steering north, all under easy sail and in open order, wide spaces -being between the ships. From their numbers and the course they -steered Captain Porter judged them to be enemies, and wished to know -more about them. - -Approaching the sternmost vessel and entering into conversation with -her, he learnt that the fleet was under the convoy of a frigate, the -Minerva, thirty-six guns, and a bomb-vessel, both then ahead; and -that the vessels of the fleet transported one thousand soldiers. He -could have cut off this vessel easily, but the information he had -received opened a more brilliant prospect. He determined to pass -along through the fleet, the Essex being a good sailer, speaking the -different vessels as he quietly passed them, get alongside of the -frigate, and carry her by an energetic attack. In execution of this -plan he passed on without exciting the least suspicion, and came up -with the next vessel; but this second one was more cautious than the -first, and, on the Essex's ranging up alongside of her, she took -alarm and announced her intention to give the signal of a stranger -having joined the fleet. This put an end to disguise and brought on -prompt action. The vessel, under penalty of being fired into, was -instantly ordered to surrender and haul out of the convoy. This was -so quietly done as to be unnoticed by the other ships. On taking -possession of her she was found to be filled with soldiers, one -hundred and fifty of them, and all made prisoners of war. - -A few days afterwards the Essex fell in with the man-of-war Alert, -of twenty guns and a full crew. The Alert began the action. In -eight minutes it was finished, and the British ship only saved -from sinking by the help of her captors. It was the first British -man-of-war taken in this contest, and so easily, that not the -slightest injury was done to the Essex, either to the vessel or her -crew. Crowded now with prisoners (for the crew of the Alert had to -be taken on board, in addition to the one hundred and fifty soldiers -and the previous captures), all chafing in their bondage, and ready -to embrace the opportunity of the first action to rise, Captain -Porter agreed with the commander of the Alert to convert her into a -cartel, and send her into port at St. John's, with the prisoners, -to await their exchange. Continuing her cruise, the Essex twice fell -in with the enemy's frigates having other vessels of war in company, -so that a fair engagement was impossible. The Essex then returned -to the Delaware to replenish her stores, and, sailing thence in -October, 1812, she fairly commenced her great cruise. - -Captain Porter was under orders to proceed to the coast of Brazil, -and join Commodore Bainbridge at a given rendezvous, cruising -as he went. It was not until after he had run the greater part -of the distance, crossing the equator, that he got sight of the -first British vessel, a small man-of-war brig, discovered in the -afternoon, chased, and come up with in the night, having previously -boldly shown her national colors. The two vessels were then within -musket shot. Not willing to hurt a foe too weak to fight him, -Captain Porter hailed and required the brig to surrender. Instead of -complying, the arrogant little man-of-war turned upon its pursuer, -attempting to cross the stern of the Essex, with the probable -design to give her a raking fire and escape in the dark. Still the -captain would not open his guns upon so diminutive a foe until he -had tried the effect of musketry upon her. A volley was fired into -her, killing one man, when she struck. It was the British government -packet Nocton, ten guns, thirty-one men, and having fifty-five -thousand silver dollars on board. - -Pursuing his cruise south to the point of rendezvous, an English -merchant vessel was captured, one of a convoy of six which had -left Rio the evening before in charge of a man-of-war schooner. -The rest of the convoy was out of sight, but, taking its track, -a long and fruitless chase was given; and the Essex repaired to -the point of rendezvous, without meeting with further incident. -Commodore Bainbridge had been there, and had left; and, being now -under discretionary orders, Captain Porter determined to use the -discretion with which he was invested, and took the bold resolution -to double Cape Horn, enter the Pacific Ocean, put twenty thousand -miles between his vessel and an American port, and try his fortune -among British whalers, merchantmen, and ships-of-war in that vast -and remote sea. - -It was a bold enterprise, such as few governments would have -ordered, which many would have forbid, and which the undaunted -resolution of a bold commander alone could take. He had every thing -against him: no depots, no means of repairing or refitting; only -one chart; the Spanish American States subservient to the British, -and unreliable for the impartiality of neutrals, much less for -the sympathy of neighbors. He was deficient both in provisions -and naval stores, but expected to furnish himself from the enemy, -whose vessels in that capacious and distant sea, were always well -supplied; and the silver taken from the British government packet -would be a means towards paying wages. - -In the middle of January, after a most tempestuous passage, he had -doubled the Cape, entered the Pacific, his characteristic motto, -FREE TRADE AND SAILORS' RIGHTS, at the mast-head, and ran for -Valparaiso--the great point of maritime resort in the South Pacific. -He had expected to find it a Spanish town, as it was when he left -the United States: he found it Chilian, for Chili, in the mean time, -had declared her independence: and this change he had a right to -deem favorable, as, in addition to the advantages of conventional -neutrality, it was fair to count upon the good feeling of a young -and neighboring republic. In this he was not disappointed, being -well received, meeting good treatment, obtaining supplies, and -acquiring valuable information. He learnt that the American whalers -were in great danger, most of them ignorant of the war, cruisers -in pursuit of them, and one already taken. He learnt also that the -Viceroy of Peru had sent out corsairs against American shipping--a -piece of information of the highest moment, as it showed him an -enemy where he expected a neutral, and enabled him to know how to -deal with Peruvian ships when he should meet them. This criminality -on the part of the viceroy was the result of a conclusion of his -own, that as Spain and Great Britain were allies against France, so -they would soon be allies against the United States, and that he, as -a good Spanish viceroy should begin without waiting for the orders. -This let Captain Porter see that he had two enemies instead of one -to contend with in the Pacific; and this information, as it showed -increase of danger to American interests, increased his ardor to go -to their protection; which he promptly did. - -Barely taking time to hurry on board the supplies, which six months -already at sea rendered indispensable, he was again in pursuit of -the enemy, and soon had the good fortune to fall in with an American -whale-ship, which gave the important intelligence that a Peruvian -corsair had just captured two American whalers off Coquimbo and was -making for that place, with a British vessel in company. This was -exciting information, and presented a three-fold enterprise to the -chivalrous spirit of Porter--to rescue the American, punish the -Peruvian, and capture the Englishman. Instantly all sail was set for -Coquimbo, the American whaler which had given the information in -company, and all hearts beating high with expectation, and with the -prospect of performing some generous and gallant deed. - -In a few hours a strange sail was descried in the distance, with a -smaller vessel in company; and soon the sail was suspected to be a -cruiser, disguised as a whaler. Then some pretty play took place, -allowable in maritime war, although entirely a game of deception. -The stranger showed Spanish colors; the Essex showed English, and -then fired a gun to leeward. The whaler in company with the Essex -hoisted the American flag _beneath_ the English jack. All these -false indications are allowable to gain advantages before fighting, -but not to fight under, when true colors must be shown by the -attacking ship under the penalty of piracy. - -Gun signals were then resorted to. The stranger fired a shot ahead -of the Essex, as much as to say _stop and talk_; the Essex fired -a shot over him, signifying _come nearer_. She came, for the -implication was that the next shot would be into her. When nearer, -the stranger sent an armed boat to board the Essex; but the boat -was directed to return with an order to the stranger to pass under -the frigate's lee (_i. e._ under her guns), and to send an officer -on board to apologise for the shots he had fired at an _English_ -man-of-war. The order was promptly complied with. The stranger came -under the lee of the Essex and sent her lieutenant on board, who, -not suspecting where he was, readily told him that his ship was -the Nereyda, Peruvian privateer, of fifteen guns and a full crew; -that they were cruising for Americans, and had already taken two -(the same mentioned by the whaler); and that the smaller vessel in -company was one of these. - -After giving this information he made the apology for the shot, -which was that, having put one of their American prizes in charge -of a small crew, the English letter-of-marque Nimrod had fallen in -with it and taken it from the crew, and that they were cruising for -this Nimrod with a view to obtain redress, and had mistaken this -frigate for her, and hence the shot ahead of her; and hoped the -explanation would constitute a sufficient apology. It did so; Capt. -Porter was perfectly satisfied with it, and still more so, with -the information which accompanied it. It placed the accomplishment -of one of his three objects immediately in his hands, and the one -perhaps dearest to his heart--that of catching the Peruvian corsair -which was preying upon American commerce. So, civilly dismissing the -lieutenant, he waited until he had got aboard of the Nereyda, then -run up the American flag, fired a shot over the corsair, and stood -ready to fire into her. The caution was sufficient: the Peruvian -surrendered immediately, with her prize. Thus was the piratical -capture of two American whalers promptly chastised, and one of them -released, and the Peruvian informed that he and his countrymen were -cruising against Americans in mistake, and would be treated as -pirates if they continued the practice. This admonition put an end -to Peruvian seizure of American vessels. - -Believing that the other American whaler captured by the Nereyda, -and taken from her prize-crew by the Nimrod would be carried to -Lima, Captain Porter immediately bore away for its port (Callao), -approached it, hauled off to watch, saw three vessels standing in, -prepared to cut them off, and especially the foremost, which he -judged to be an American. She was so, and was cut off--the very -whaler he was in search of. It was the Barclay; and the master, -crew and all, so rejoiced at their release that they immediately -joined their deliverer. The Barclay became the consort of the -Essex; her crew enlisted under Porter; the master became (what -he greatly needed) a pilot for him in the vast and unknown sea -he was traversing. There was now a good opportunity to look into -this most frequented of Peruvian ports, which Captain Porter did, -showing English colors; and, seeing nothing within that he would -have a right to catch when it came out, nor gaining any special -information, and finding that nothing had occurred there to make -known his arrival in the Pacific, he immediately sailed again, to -make the most of his time before the fact of his presence should be -known and the alarm spread. - -He stood across the main towards Chatham Island and Charles Island, -approaching which three sail were discovered in the same moment--two -in company, the other apart and in a different direction. The one -apart was attended to first, pursued, summoned, captured, and proved -to be the fine British whaler Montezuma, with fourteen hundred -barrels of oil on board. A crew was put on board of her, and chase -given to the other two. They had taken the alarm, seeing what was -happening to the Montezuma, and were doing their best to escape. -The Essex gained upon them; but when within eight miles it fell -calm, dead still--one of those atmospheric stagnations frequent in -the South Sea. Sailing ceased; boats were hoisted out; the first -lieutenant, Downes, worthy second to Porter, was put in command. -Approached within a quarter of a mile, the two ships showed English -colors and fired several guns. Economizing powder and time, the -boats only replied with their oars, pulling hard to board quick; -seeing which the two ships struck, each in succession, as the -boarders were closing. They proved to be the Georgiana and the -Policy, both whalers, the former built for the East India service, -pierced for eighteen guns, and having six mounted when taken. Having -the reputation of a fast vessel, the captain determined to equip -her as a cruiser, which was done with her own guns and those of the -Policy--this latter, like the Georgiana, pierced for eighteen guns, -but mounting ten. - -A very proper compliment was paid to Lieut. Downes in giving him -the command of this British ship, thus added to the American navy -with his good exertions. An armament of 16 guns, and a crew of -41 men, and her approved commander, it was believed would make -her an over-match for any English letters of marque, supposed to -be cruising among these islands, and justify occasional separate -expeditions. - -By these three captures Capt. Porter was enabled to consummate the -second part of his plan--that of living upon the enemy. He got out -of them ample supplies of beef, bread, pork, water, and Gallipagos -tortoises. Besides food for the men, many articles were obtained for -repairing his own ship: and accordingly the rigging was overhauled -and tarred down, many new spars were fitted, new cordage supplied, -the Essex repainted--all in the middle of the Pacific, and at the -expense of a Power boasting great fleets, formidable against other -fleets, but useless against a daring little cruiser. - -Getting into his field of operation in the month of April, Capt. -Porter had already five vessels under his command--the Montezuma, -the Georgiana, the Barclay, and the Policy, in addition to the -Essex. All cruising together towards the middle of that month, and -near sunset in the evening, a sail was perceived in the distant -horizon. A night-chase might permit her to escape; a judicious -distribution of his little squadron, without alarming, might keep -her in view till morning. It was distributed accordingly. At -daylight the sail was still in sight, and, being chased, she was -soon overtaken and captured. It was the British whaler Atlantic, -355 tons, 24 men, pierced for 20 guns, and carrying 8 18-pounder -carronades. While engaged in this chase another sail was discovered, -pursued, and taken. It was the Greenwich, of 338 tons, 18 guns, and -25 men; and like the other was an English letter of marque. - -In the meanwhile the now little man-of-war the Georgiana, under -Lieut. Downes, made a brief excursion of her own among the islands, -apart from the Essex, and with brilliant success. He took, without -resistance, the British whale ships Catherine, of 270 tons, 8 guns, -and 29 men, and Rose, of 220 tons, 8 guns and 21 men; and, after a -sharp combat, a third whaler, the Hector, 270 tons, 25 men, pierced -for 20 guns and 11 mounted. In this action the lieutenant, after -having manned his two prizes, had but 21 men and boys left to manage -his ship, fight the Hector, and keep down fifty prisoners. After -manning the Hector and taking her crew on board his own vessel, he -had but ten men to perform the double duty of working the vessel and -guarding seventy-three prisoners; yet he brought all safe to his -captain, who then had a little fleet of nine sail under his command, -all of his own creation, and created out of the enemy. - -The class of some of his prizes enabled the captain to increase -the efficiency of his force by some judicious changes. The -Atlantic, being nearly one hundred tons larger than the Georgiana, -a faster ship, and every way a better cruiser, was converted into -a sloop-of-war, armed with twenty guns, manned by sixty men, named -the Essex Junior; and the intrepid Downes put in command of her. The -Greenwich, also armed with guns, but only a crew to work her (for so -many prizes to man left their cruisers with their lowest number,) -was converted into a store-ship, and received all the spare stores -of the other ships. A few days afterwards the Sir Andrew Hammond was -captured, believed to be about the last of the British whalers in -those parts, and among the finest. She was a ship of three hundred -and ten tons, twelve guns, and thirty-one men; and had a large -supply of beef, pork, bread, wood, and water--adding sensibly to the -supplies of the little fleet. - -The fourth of July arrived, and was gaily kept, and with the triumph -of victorious feelings, firing salutes with British guns, charged -with British powder. It was a proud celebration, and must have -looked like an illusion of the senses to the British prisoners, -accustomed to extol their country as the mistress of the seas, -and to consider American ships as the impressment ground of the -British navy. The celebration over, the little fleet divided; Essex -Junior bound to Valparaiso, with the Hector, Catherine, Policy, -and Montezuma, prizes, and the Barclay, re-captured ship, under -convoy. The Essex, with the Greenwich and Georgiana, steered for -the Gallipagos Islands, and fell in with three sail at once, the -whole of which were eventually captured: one, the English whaler -Charlton, of 274 tons, ten guns, and 21 men; another, the largest of -the three, the Seringapatam, of 357 tons, 14 guns, and 40 men; the -smallest of the three, the New Zealander, 260 tons, 8 guns, and 23 -men. Here were 900 tons of shipping, 32 guns, and 75 men all taken -at once, and, as it were, at a single glance at the sea. - -The Seringapatam had been built for a cruiser, and, of all the -ships in the Pacific, was the most dangerous to American commerce. -It had just come out, and had already made a prize. Finding that -the master had no commission, and that he had commenced cruising in -anticipation of one, and thereby subjected himself to be treated -as a pirate, Captain Porter had him put in irons, and sent to the -United States to be tried for his life. While finding himself -encumbered with prisoners, and his active strength impaired by the -guards they required, he released a number on parole, and gave -them up one of the captured ships (the Charlton) to proceed to Rio -Janeiro. The Georgiana and the New Zealander were despatched to -the United States, each laden with the oil taken from the British -whalers. Encumbered with prizes, as well as with prisoners, and no -American port in which to place them (for the mouth of the Columbia, -though claimed by the United States since 1804, and settled under -Mr. John Jacob Astor since 1811, had not then been nationally -occupied), Captain Porter undertook to provide a place of his own. -Repairing to the wild and retired island of Nooaheevah, he selected -a sequestered inlet, built a little fort upon it, warped three of -his prizes under its guns, left a little garrison of twenty-one men -under Lieutenant Gamble to man it, and then went upon another cruise. - -The story of the remainder of his cruise is briefly told. He had -learnt that the British government, thoroughly aroused by his -operations in the Pacific, had sent out a superior force to capture -him. Taking the Essex Junior with him, he sailed for Valparaiso, -entered the harbor, and soon a superior British frigate and a sloop -of war entered also. Captain Hillyar, for that was the British -captain's name, saluted the American frigate courteously, inquiring -for the health of Captain Porter; but the British frigate (the -Phoebe) came so near that a collision seemed inevitable, and -looked as if intended, her men being at quarters and ready for -action. In a moment Captain Porter was equally ready, and that -either for boarding or raking, for the vessels had got so close that -the Phoebe, in hauling off, passed her jib-boom (that spar which -runs out from the bowsprit) over the deck of the Essex, and lay with -her bow to the broadside of the American. It was a fatal position, -and would have subjected her to immediate capture or destruction, -justifiable by the undue intimacy of an enemy. Captain Porter might -have fired into her; but, reluctant to attack in a neutral port, -he listened to the protestations of the British captain, accepted -his declaration of innocent intentions and accidental contact, -and permitted him to haul off from a situation in which he could -have been destroyed in a few minutes. Could he have foreseen what -was to happen to himself soon after in the same port, he could not -have been so forbearing to the foe nor so respectful to the Chilian -authorities. - -For six weeks the hostile vessels watched each other, the British -vessel sometimes lying off and on outside of the harbor, and when so -at sea the Essex going out and offering to fight her single handed; -for the Essex Junior was too light to be of any service in a frigate -fight. Other British ships of war being expected at Valparaiso, and -no combat to be had with the Phoebe without her attendant sloop, -Captain Porter determined to take his opportunity to escape from the -harbor--which the superior sailing of the Essex would enable him -to do when the British ships were a few miles off, as they often -were--Essex Junior escaping at the same time by parting company, as -it was certain that both the British ships would follow the American -frigate. - -March 28th, 1813, was a favorable day for the attempt--the wind -right, the enemy far enough out, and the Essex in perfect order -for fighting or sailing. The attempt was made, and with success, -until, doubling a headland which formed part of the harbor, a -squall carried away the maintopmast, crippling the ship and greatly -disabling her. Capt. Porter put back for the harbor, and though -getting within it, and within pistol shot of the shore, and within -half a mile from a detached battery, could not reach the usual -anchoring ground before the approach of the enemy compelled him to -clear for action. A desperate but most unequal combat raged for -near three hours--an inferior crippled frigate contending with a -frigate and a sloop in perfect order. The crippled mast of the Essex -allowed the enemy to choose his distance, which he always did with -good regard to his own safety, using his long eighteens at long -distances--keeping out of the reach of Porter's carronades, out of -the reach of boarding, and only within range of six long twelves -which played with such effect that at the end of half an hour both -British ships hauled off to repair damages. Having repaired, both -returned, and got such a position that not a gun of the crippled -Essex could bear upon them. An attempt was made to close upon them -and get near enough to cripple the sloop and drive her out of the -fight for the remainder of the action; but the frigate edged away, -choosing her distance, and using her long guns with terrible effect -upon the Essex, which could not send back a single shot. - -The brave and faithful Downes pulled through the fire of the enemy -in an open boat to take the orders of his captain; but his light -guns could be of no service, and he was directed to look to his own -ship. Twice more the Essex endeavored to close upon the British -frigate, but she edged away each time, keeping the distance which -was safe to himself and destructive to the Essex. By this time half -the whole crew were killed or wounded, and the ship on fire. Capt. -Porter then attempted to run her on shore; but the wind failed -when within musket shot of the land. Leave was then given to the -crew to save themselves by swimming, which but few would do. At -last the surrender became imperative. The Essex struck, and her -heroic commander and surviving men and officers became prisoners of -war. Thousands of persons--all Valparaiso--witnessed the combat. -The American consul, Mr. Poinsett, witnessed it and claimed the -protection of the fort, only to receive evasive answers, as the -authorities were now favorable to the British. It was a clear -case of violated neutrality, tried by any rule. First, the Essex -was within the harbor, though not at the usual anchoring place, -which she could not reach; secondly, she was under the guns of the -detached fort, only half a mile distant; thirdly, she was within the -territorial jurisdiction of Chili, whether measured by the league or -by the range of cannon, and no dispute about either, as the shore -was at hand, and the British balls which missed the Essex hit the -land. - -After the surrender some arrangements were made with Capt. Hillyar. -Some prisoners were exchanged upon the spot, part of those made by -Capt. Porter being available for an equal number of his own people. -Essex Junior became a cartel to carry home himself and officers -and others of his men on parole; but this man of daring deeds was -not allowed to reach home without another proof of his determined -spirit. When within thirty miles of New York, Essex Junior was -brought to by the British razee Saturn, Capt. Nash, who denied the -right of Capt. Hillyar to allow the cartel, and ordered her to lie -by him during the night. Capt. Porter put off in a whale-boat, and, -though long chased, saved himself by the chance of a fog coming to -the aid of hard rowing. - -And thus ended this unparalleled cruise--ending with a disaster. But -the end could not efface the past; could not undo the captures which -had been made; could not obscure the glory which had been acquired; -cannot impair the lesson which its results impress on the minds of -statesmen. It had lasted eighteen months, and during that time the -little frigate had done every thing for itself and the country. -It had lived and flourished upon the enemy. Not a dollar had been -drawn from the public Treasury, either for pay or supplies; all came -from the foe. Money, provisions, munitions, additional arms, spars, -cordage, rigging, and vessels to constitute a little fleet, all came -from the British. Far more than enough for all purposes was taken -and much destroyed; for damage as well as protection was an object -of the expedition--damage to the British, protection to Americans; -and nobly were both objects accomplished. Surpluses, as far as -possible, were sent home; and, though in part recaptured, these -accidents did not diminish the merit of the original capture. The -great whale trade of the British in the Pacific was broken up, the -supply of oil was stopped, the London lamps were in the condition of -those of the "foolish virgins," and a member of Parliament declared -in his place that the city had burnt dark for a year. - -The personal history of Commodore Porter, for such he became, was -full of incident and adventure, all in keeping with his generous and -heroic character. Twice while a lad and serving in merchant vessels -in the West Indies, he was impressed by the British, and, by his -courage and conduct made his escape, each time. A third attempt at -impressment was repulsed by the bloody defeat of the press-gang. The -same attempt, renewed with increased numbers, was again repulsed -with loss to the British party--young Porter, only sixteen, among -the most courageous defenders of the vessel. He was upwards of a -year a prisoner at Tripoli, being first lieutenant on board the -Philadelphia when she grounded before that city and was captured. -He was midshipman with the then Lieutenant Rodgers, when the two -young officers and eleven men performed that marvel of endurance, -firmness, steadiness, and seamanship, in working for three days and -nights, without sleep or rest, on the French frigate Insurgent, -guarding all the time their 173 prisoners, and conducting the prize -safe into port--as related in the notice of Commodore Rodgers. - -After his return from the Pacific, he was employed in suppressing -piracy in the West Indies, which he speedily accomplished; but for -punishing an insult to the flag in the island of Porto Rico, he -incurred the displeasure of his government, and the censure of a -court martial. His proud spirit would not brook a censure which -he deemed undeserved; and he resigned his commission in the navy, -of which he was so brilliant an ornament. The writer of this View -was a close observer of that trial, and believed the Commodore to -have been hardly dealt by, and considered the result a confirmation -of his general view of courts martial where the government -interferes--an interference (when it happens) generally for a -purpose, either to convict or acquit; and rarely failing of its -object in either case, as the court is appointed by the government, -dependent upon it for future honor and favor, acts in secret, and -subject to the approval of the Executive. - -Stung to the quick by such requital of his services, the brave -officer resigned his commission, and left the country which he had -served so faithfully, and loved so well, and took service in the -Republic of Mexico, then lately become independent and desirous to -create a navy. But he was not allowed to live and mourn an exile in -a foreign land. President Jackson proposed to restore him to his -place in the navy, but he refused the restoration upon the same -ground that he had resigned upon--would not remain in a service -under an unreversed sentence of unjust censure. President Jackson -then gave him the place of Consul General at Algiers; and, upon the -reduction of that place by the French, appointed him the United -States Charge d'Affaires to the Sublime Porte--a mission afterwards -raised to Minister Resident by act of Congress for his special -benefit. The Sultan Mahmoud--he who suppressed the Janissaries, -introduced European reforms, and so greatly favored Christians and -strangers--was then on the throne, and greatly attached to the -Commodore, whose conversation and opinions he often sought. He died -in this post, and was brought home to be buried in the country which -gave him birth, and which no personal wrong could make him cease -to love. A national ship of war, the Truxton, brought him home--a -delicate compliment in the selection of the vessel bearing the name -of the commander under whom he first served. - -Humanity was a ruling feature in his character, and of this he gave -constant proof--humane to the enemy as well as to his own people. -Of his numerous captures he never made one by bloodshed when milder -means could prevail; always preferring, by his superior seamanship, -to place them in predicaments which coerced surrender. Patriotism -was a part of his soul. He was modest and unpretentious; never -seeming to know that he had done things of which the world talked, -and of which posterity would hear. He was a "lion" nowhere but on -the quarter-deck, and in battle with the enemies of his country. He -was affectionate to his friends and family, just and kind to his men -and officers, attaching all to him for life and for death. His crew -remaining with him when their terms were expiring in the Pacific, -and refusing to quit their commander when authorized to do so at -Valparaiso, were proofs of their devotion and affection. - -Detailed history is not the object of this notice, but character and -instruction--the deeds which show character, and the actions which -instruct posterity; and in this view his career is a lesson for -statesmen to study--to study in its humble commencement as well as -in its dazzling and splendid culmination. Schools do not form such -commanders; and, if they did, the wisdom of government would not -detect the future illustrious captain in the man before the mast, -or in the boy in the cabin. Born in Boston, the young Porter came -to man's estate in Baltimore, and went to sea at sixteen in the -merchant ship commanded by his father--the worthy father of such -a son--making many voyages to the West Indies. There he _earned_ -his midshipman's warrant, and there he learned the seamanship -which made him the worthy second of Rodgers in that marvellous -management of the Insurgent, which faithful history will love to -commemorate. Self-made in the beginning, he was self-acting through -life, and will continue to act upon posterity, if amenable to the -lesson taught by his life: the merchant service, the naval school, -cruisers, the naval force, separate commands for young men. With -a little 32 gun frigate, all carronades except a half-dozen stern -chasers, and they only twelve-pounders, he dominated for a year in -the vast Pacific Ocean; with a 44 and her attendant sloop-of-war, -brig, and schooner, he would have dominated there to the end of the -war. He was the Paul Jones of the "second war of Independence," with -a more capacious and better regulated mind, and had the felicity to -transmit as well as to inherit the qualities of a commander. The -name of Porter is yet borne with honorable promise on the roll of -the American navy. - - - - -CHAPTER CXIX. - -REFUNDING OF GENERAL JACKSON'S FINE. - - -During his defence of New Orleans in the winter of 1814-'15, -General Jackson was adjudged to have committed a contempt of court, -in not producing the body of a citizen in obedience to a writ of -_habeas corpus_, whom he had arrested under martial law which he -had proclaimed and enforced for the defence of the city. He was -fined for the contempt, and paid it himself, refusing to permit -his friends, and even the ladies of New Orleans who presented the -money ($1,000), to pay it for him. He submitted to the judgment of -the court, paying the amount before he left the court room, but -protesting against it as an illegal exaction, and as involving the -imputation of illegality on his conduct. This conveyed a reproach -under which he was always sensitive, but to relieve himself from -which he would countenance no proceeding while he was still on the -theatre of public action, and especially while he was President. His -retirement to private life removed the obstacle to the action of -his friends and soon thereafter Mr. Linn, a senator from the State -of Missouri, brought in a bill for refunding the fine. This was a -quarter of a century after it had been imposed. On getting notice of -this proceeding General Jackson wrote a letter to Senator Linn, of -which the leading paragraphs are here given. - - "Having observed in the newspapers that you had given notice - of your intention to introduce a bill to refund to me the - fine (principal and interest) imposed by Judge Hall, for - the declaration of martial law at New Orleans, it was my - determination to address you on the subject; but the feeble - state of my health has heretofore prevented it. I felt that it - was my duty to thank you for this disinterested and voluntary - act of justice to my character, and to assure you that it places - me under obligations which I shall always acknowledge with - gratitude. - - "It is not the amount of the fine that is important to me: but - it is the fact that it was imposed for reasons which were not - well founded; and for the exercise of an authority which was - necessary to the successful defence of New Orleans; and without - which, it must be now obvious to all the world, the British - would have been in possession, at the close of the war, of that - great emporium of the West. In this point of view it seems to - me that the country is interested in the passage of the bill; - for exigencies like those which existed at New Orleans may again - arise; and a commanding-general ought not to be deterred from - taking the necessary responsibility by the reflection that it - is in the power of a vindictive judge to impair his private - fortune, and place a stain upon his character which cannot be - removed. I would be the last man on earth to do any act which - would invalidate the principle that the military should always - be subjected to the civil power; but I contend, that at New - Orleans no measure was taken by me which was at war with this - principle, or which, if properly understood, was not necessary - to preserve it. - - "When I declared martial law, Judge Hall was in the city; and - he visited me often, when the propriety of its declaration was - discussed, and was recommended by the leading and patriotic - citizens. Judging from his actions, he appeared to approve it. - The morning the order was issued he was in my office; and when - it was read, he was heard to exclaim: '_Now the country may - be saved: without it, it was lost._' How he came afterwards - to unite with the treacherous and disaffected, and, by the - exercise of his power, endeavored to paralyze my exertions, - it is not necessary here to explain. It was enough for me to - know, that if I was excusable in the declaration of martial - law in order to defend the city when the enemy were besieging - it, it was right to continue it until all danger was over. For - full information on this part of the subject, I refer you to my - defence under Judge Hall's rule for me to appear and show cause - why an attachment should not issue for a contempt of court. This - defence is in the appendix to 'Eaton's Life of Jackson.' - - "There is no truth in the rumor which you notice, that the - fine he imposed was paid by others. Every cent of it was paid - by myself. When the sentence was pronounced, Mr. Abner L. - Duncan (who had been one of my aides-de-camp, and was one of my - counsel), hearing me request Major Reed to repair to my quarters - and bring the sum--not intending to leave the room until the - fine was paid--asked the clerk if he would take his check. The - clerk replied in the affirmative, and Mr. Duncan gave the check. - I then directed my aide to proceed forthwith, get the money, - and meet Mr. Duncan's check at the bank and take it up; which - was done. These are the facts; and Major Davezac, now in the - Assembly of New York, can verify them. - - "It is true, as I was informed, that the ladies did raise the - amount to pay the fine and costs; but when I heard of it, I - advised them to apply it to the relief of the widows and orphans - that had been made so by those who had fallen in the defence - of the country. It was so applied, as I had every reason to - believe; but Major Davezac can tell you more particularly what - was done with it." - -The refunding of the fine in the sense of a pecuniary retribution, -was altogether refused and repulsed both by General Jackson and -his friends. He would only have it upon the ground of an illegal -exaction--as a wrongful exercise of authority--and as operating a -declaration that, in declaring martial law, and imprisoning the -citizen under it, and in refusing to produce his body upon a writ of -_habeas corpus_, and sending the judge himself out of the city, he -was justified by the laws of the land in all that he did. Congress -was quite ready, by a general vote, to refund the fine in a way that -would not commit members on the point of legality. It was a thing -constantly done in the case of officers sued for official acts, -and without strict inquiry into the legality of the act where the -officer was acting in good faith for the public service. In all -such cases Congress readily assumed the pecuniary consequences of -the act, either paying the fine, or damages awarded, or restoring -it after it had been paid. General Jackson might have had his fine -refunded in the same way without opposition; but it was not the -money, but release from the imputation of illegal conduct that he -desired; and with a view to imply that release the bill was drawn: -and that made it the subject of an earnestly contested debate in -both Houses. In the Senate, where the bill originated, Mr. Tappan -of Ohio, vindicated the recourse to martial law, and as being -necessary for the safety of the city. - - "I ask you to consider the position in which he was placed; the - city of New Orleans was, from the necessity of the case, his - camp; the British, in superior force, had landed, and were eight - or nine miles below the city; within three hours' march; in his - camp were many over whom he had no control, whom he could not - prevent (or punish by any process of civil law) from conveying - intelligence to the enemy of his numbers, means of defence or - offence, as well as of his intended or probable movements; - was not the entire command of his own camp necessary to any - efficient action? It seems to me that this cannot be doubted. - In time of war, when the enemy's force is near, and a battle is - impending, if your general is obliged, by the necessities of his - position, and the propriety of his operations, to occupy a city - as his camp, he must have the entire command of such city, for - the plain reason that it is impossible, without such command, - to conduct his operations with that secrecy which is necessary - to his success. The neglect, therefore, to take such command, - would be to neglect the duty which his country had imposed upon - him. I perceive but two ways in which General Jackson could have - obtained the command of his own camp; one was by driving all the - inhabitants out of the city, the other by declaring martial law. - He wisely and humanely chose the latter, and by so doing, saved - the city from being sacked and plundered, and its inhabitants - from being outraged or destroyed by the enemy." - -But this arrest of a citizen, and refusal to obey a writ of habeas -corpus, was after the British had been repulsed, and after a rumor -of peace had arrived at the city, but a rumor coming through a -British commander, and therefore not to be trusted by the American -general. He thought the peace a probable, but by no means a certain -event: and he could not upon a probability relax the measures which -a sense of danger had dictated. The reasons for this were given by -the General himself in his answer to show cause why the rule which -had been granted should not be made absolute. - - "The enemy had retired from their position, it is true; but - they were still on the coast, and within a few hours' sail - of the city. They had been defeated, and with loss; but that - loss was to be repaired by expected reinforcements. Their - numbers much more than quadrupled all the regular forces which - the respondent could command; and the term of service of his - most efficient militia force was about to expire. Defeat, - to a powerful and active enemy, was more likely to operate - as an incentive to renewed and increased exertion, than to - inspire them with despondency, or to paralyze their efforts. - A treaty, it is true, had been probably signed, but yet it - might not be ratified. Its contents even had not transpired; - so that no reasonable conjecture could be formed whether it - would be acceptable; and the influence which the account of the - signature had on the army was deleterious in the extreme, and - showed a necessity for increased energy, instead of relaxation - of discipline. Men who had shown themselves zealous in the - preceding part of the campaign, became lukewarm in the service. - Wicked and weak men, who, from their situation in life, ought - to have furnished a better example, secretly encouraged the - spirit of insubordination. They affected to pity the hardships - of those who were kept in the field; they fomented discontent, - by insinuating that the merits of those to whom they addressed - themselves, had not been sufficiently noticed or applauded; and - disorder rose to such an alarming height, that at one period - only fifteen men and one officer were found out of a whole - regiment, stationed to guard the very avenue through which the - enemy had penetrated into the country. At another point, equally - important, a whole corps, on which the greatest reliance had - been placed, operated upon by the acts of a foreign agent, - suddenly deserted their post. If, trusting to an uncertain - peace, the respondent had revoked his proclamation, or ceased - to act under it, the fatal security by which they were lulled, - would have destroyed all discipline, dissolved all his force, - and left him without any means of defending the country against - an enemy instructed by the traitors within our bosom, of the - time and place at which he might safely make his attack. In such - an event, his life, which would certainly have been offered up, - would have been but a feeble expiation for the disgrace and - misery into which his criminal negligence would have plunged the - country." - -A newspaper in the city published an inflammatory article, assuming -the peace to be certain, though not communicated by our government, -inveighed against the conduct of the General in keeping up martial -law as illegal and tyrannical, incited people to disregard it, and -plead the right of volunteers to disband who had engaged to serve -during the war. Louallier, a member of the General Assembly, was -given up as the author of the article: the General had him arrested -and confined. Judge Hall issued a writ of habeas corpus to release -his body: General Jackson ordered the Judge out of the city, and -sent a guard to conduct him out. All this took place on the 10th and -11th of March: on the 13th authentic news of the peace arrived, and -the martial law ceased to exist. Judge Hall returned to the city, -and Mr. Tappan thus relates what took place: - - "Instead of uniting with the whole population, headed by their - venerable bishop, in joy and thankfulness for a deliverance - almost miraculous, achieved by the wisdom and energy of the - General and the gallantry of his army, he was brooding over his - own imaginary wrongs, and planning some method to repair his - wounded dignity. On this day, twenty-seven years ago, he caused - a rule of the district court to be served on General Jackson, - to appear before him and show cause why an attachment should - not issue against him for:--1st. Refusing to obey a writ issued - by Judge Hall. 2d. Detaining an original paper belonging to - the court. And 3d, for imprisoning the Judge. The first cause - was for the General refusing to obey a writ of _habeas corpus_ - in the case of Louallier; the second for detaining the writ. - The whole of these three causes assigned are founded on the - hypothesis, that instead of General Jackson having command of - his camp, he exercised a limited authority under the control of - the civil magistracy. I trust I have satisfied you that martial - law did in fact exist, and of necessary consequence, that Judge - Hall's authority was suspended. If he was injured by it, surely - he was not the proper person to try General Jackson for that - injury. The principal complaint against General Jackson was for - imprisoning the Judge. The imprisonment consisted in sending - an officer to escort him out of camp; and for this, instead of - taking the regular legal remedy, by an action for assault and - false imprisonment, in the State court, which was open to him - as well as every other citizen, he called the General to answer - before himself. He went before the Judge and proffered to show - cause; the Judge would not permit him to do this, nor would he - allow him to assign his reasons in writing for his conduct, but, - without trial, without a hearing of his defence, he fined him - one thousand dollars. You all know the conduct of the General on - that occasion; he saved the Judge from the rising indignation of - the people and paid his fine to the United States marshal. These - proceedings of Judge Hall were not only exceedingly outrageous, - but they were wholly illegal and void; for, as says an eminent - English jurist, 'even an act of parliament cannot make a man a - judge in his own cause.' This was truly and wholly the cause - of the Judge himself. If a law of Congress had existed which - authorized him to sit in judgment upon any man for an injury - inflicted upon himself, such a law would have been a mere dead - letter, and the Judge would have been bound to disregard it. - It was the violation of this principle of jurisprudence which - aroused the indignation of the people and endangered the life - of his contemptible judge. I am aware of the law of contempt; - it is the power of self-preservation given to the courts; it - results from necessity alone, and extends no further than - necessity strictly requires; it has no power to avenge the - wrongs and injuries done to the judge, unless those wrongs - obstruct the regular course of justice. I am aware also of the - manner in which the law of contempt has been administered in our - courts where no statute law regulated it, and it was left to - the discretion of the judges to determine what was or was not a - contempt. In one case a man was fined for contempt for reviewing - the opinion of a judge in a newspaper. This judge was impeached - before this body and acquitted, because not quite two-thirds of - the Senate voted him guilty. Some senators, thinking probably - that as Congress had neglected to pass a law on the subject of - contempt, the judge had nothing to govern his discretion in - the matter, and therefore ought not to be convicted. Congress - immediately passed such a law, and no contempts have occurred - since in the United States courts." - -The speech of Judge Tappan covered the facts of the case, upon -which, and other speeches delivered, the Senate made up its mind, -and the bill was passed, though upon a good division, and a visible -development of party lines. The yeas were: - - "Messrs. Allen, Bagby, Benton, Buchanan, Calhoun, Cuthbert, - Fulton, Graham, Henderson, King, Linn, McDuffie, McRoberts, - Mangum, Rives, Sevier, Smith of Connecticut, Smith of Indiana, - Sprague, Sturgeon, Tallmadge, Tappan, Walker, Wilcox, Williams, - Woodbury, Wright, Young--28." - -The nays were: - - "Messrs. Archer, Barrow, Bates, Bayard, Berrien, Choate, - Clayton, Conrad, Crafts, Crittenden, Dayton, Evans, Huntington, - Kerr, Merrick, Miller, Morehead, Phelps, White, Woodbridge--20." - -In the House it was well supported by Mr. Charles Jared Ingersoll, -and others, and passed at the ensuing session by a large -majority--158 to 28. This gratifying result took place before -the death of General Jackson, so that he had the consolation of -seeing the only two acts which impugned the legality of any part -of his conduct--the senatorial condemnation for the removal of the -deposits, and the proceedings in New Orleans under martial law--both -condemned by the national representation, and the judicial record as -well as the Senate journal, left free from imputation upon him. - - - - -CHAPTER CXX. - -REPEAL OF THE BANKRUPT ACT: ATTACK OF MR. CUSHING ON MR. CLAY: -ITS REBUKE. - - -This measure was immediately commenced in the House of -Representatives, and pressed with vigor to its conclusion. Mr. -Everett, of Vermont, brought in the repeal bill on leave, and -after a strenuous contest from a tenacious minority, it was passed -by the unexpected vote of two to one--to be precise--140 to 72. -In the Senate it had the same success, and greater, being passed -by nearly three to one--34 to 13: and the repealing act being -carried to Mr. Tyler, he signed it as promptly as he had signed -the bankrupt act itself. This was a splendid victory for the -minority who had resisted the passage of the bill, and for the -people who had condemned it. The same members, sitting in the same -chairs, who a year and a half before, passed the act, now repealed -it. The same President who had recommended it in a message, and -signed the act as soon as it passed, now signed the act which put -an end to its existence. A vicious and criminal law, corruptly -passed, and made the means of passing two other odious measures, -was itself now brought to judgment, condemned, and struck from the -statute-book; and this great result was the work of the people. -All the authorities--legislative, executive, and judicial--had -sustained the act. Only one judge in the whole United States (R. W. -Wells, Esq., United States district judge for Missouri), condemned -it as unconstitutional. All the rest sustained it, and he was -overruled. But the intuitive sense of honor and justice in the -people revolted at it. They rose against it in masses, and condemned -it in every form--in public meetings, in legislative resolves, in -the press, in memorials to Congress, and in elections. The tables -of the two Houses were loaded with petitions and remonstrances, -demanding the repeal, and the members were simply the organs of the -people in pronouncing it. Never had the popular voice been more -effective--never more meritoriously raised. The odious act was not -only repealed, but its authors rebuked, and compelled to pronounce -the rebuke upon themselves. It was a proud and triumphant instance -of the innate, upright sentiment of the people, rising above all -the learning and wisdom of the constituted authorities. Nor was -it the only instance. The bankrupt act of forty years before, -though strictly a bankrupt act as known to the legislation of all -commercial countries, was repealed within two years after its -passage--and that by the democratic administration of Mr. Jefferson: -this of 1841, a bankrupt act only in name--an act for the abolition -of debts at the will of the debtor in reality--had a still shorter -course, and a still more ignominious death. Two such condemnations -of acts for getting rid of debts, are honorable to the people, -and bespeak a high degree of reverence for the sacred obligations -between debtor and creditor; and while credit is due to many of the -party discriminated as federal in 1800, and as whig in 1840 (but -always the same), for their assistance in condemning these acts, -yet as party measures, the honor of resisting their passage and -conducting their repeal, in both instances, belongs to the democracy. - -The repeal of this act, though carried by such large majorities, and -so fully in accordance with the will of the people, was a bitter -mortification to the administration. It was their measure, and one -of their measures of "relief" to the country. Mr. Webster had drawn -the bill, and made the main speech for it in the Senate, before he -went into the cabinet. Mr. Tyler had recommended it in a special -message, and promptly gave it his approving signature. To have to -sign a repeal bill, so soon, condemning what he had recommended and -approved, was most unpalatable: to see a measure intended for the -"relief" of the people repulsed by those it was intended to relieve, -was a most unwelcome vision. From the beginning the repeal was -resisted, and by a species of argument, not addressed to the merits -of the measure, but to the state of parties, the conduct of men, and -the means of getting the government carried on. Mr. Caleb Cushing -was the organ of the President, and of the Secretary of State in the -House; and, identifying himself with these two in his attacks and -defences, he presented a sort of triumvirate in which he became the -spokesman of the others. In this character he spoke often, and with -a zeal which outran discretion, and brought him into much collision -with the House, and kept him much occupied in defending himself, -and the two eminent personages who were not in a position to speak -for themselves. A few passages from these speeches, from both sides, -will be given to show the state of men and parties at that time, -and how much personal considerations had to do with transacting the -business of Congress. Thus: - - "Mr. Cushing, who was entitled to the floor, addressed the House - at length, in reply to the remarks made by various gentlemen, - during the last three weeks, in relation to the present - administration. He commenced by remarking that the President - of the United States was accused of obstructing the passage - of whig measures of relief, and was charged with uncertainty - and vacillation of purpose. As these charges had been made - against the President, he felt it to be his duty to ask the - country who was chargeable with vacillation and uncertainty of - purpose, and the destruction of measures of relief? Who were - they who, with sacrilegious hands, were seeking to expunge - the last measure of the 'ill-starred' extra session from the - statute-books? Forty-seven whigs, he answered, associated with - the democratic party in the House, and formed a coalition to - blot out that measure. He repeated it: forty-seven whigs formed - a coalition with the democrats to expunge all the remains of the - extra session which existed. For three weeks past, there had - been constantly poured forth the most eloquent denunciations - of the President, of the Secretary of State, and of himself. - He might imagine, as was said by Warren Hastings when such - torrents of denunciation were poured out upon him, that there - was some foundation for the imputation of the orators. He should - inquire into the merits of the political questions, and into the - accusations made against him. He was told that he had thrown a - firebrand into the House--that he had brought a tomahawk here. - He denied it. He had done no such thing. It was not true that he - commenced the debate which was carried on; and when gentlemen - said that he had volunteered remarks out of the regular order, - in reply to the gentleman from Tennessee [Mr. ARNOLD], he - told them that they were not judges. His mode of defence was - counter-attack, and it was for him to judge of the argument. If - he carried the war into the enemy's camp, the responsibility was - with those who commenced the attack." - -Mr. Clay, though retiring from Congress, and not a member of the -House of Representatives, was brought into the debate, and accused -of setting up a dictatorship, and baffling or controlling the -constitutional administration: - - "The position of the two great parties, and those few who - stood here to defend the acts of the administration, was - peculiar. Our government was now undergoing a test in a new - particular. This was the first time that the administration of - the government had ever devolved upon the Vice-President. Now, - he had called upon the people and the House to adapt themselves - to that contingency, and support the constitution; for with the - 'constitutional fact' was associated the party fact; and whilst - the President was not a party chief, there was a party chief of - the party in power. The question was, whether there could be - two administrations--one, a constitutional administration, by - the President; and the other a party administration, exercised - by a party chief in the capitol? With this issue before - him--whether the President, or the party leader--the chief in - the White House, or the chief in the capitol--should carry on - the administration--he felt it to be a duty which he owed to the - government of his country to give his aid to the constitutional - chief. That was the real question which had pervaded all our - contests thus far." - -Such an unparliamentary reference to Mr. Clay, a member of a -different House, could not pass without reply in a place where he -could not speak for himself, but where his friends were abundant. -Mr. Garret Davis, of Kentucky, performed that office, and found in -the fifteen years' support of Mr. Clay by Mr. Cushing (previous to -his sudden adhesion to Mr. Tyler at the extra session), matter of -personal recrimination: - - "Mr. Garret Davis replied to the portion of the speech of the - gentleman from Massachusetts [Mr. CUSHING] relating to the - alleged dictation of the ex-senator from Kentucky [Mr. CLAY]. - The gentleman from Massachusetts declared that there were but - two alternatives--one, a constitutional administration, under - the lead of the President; and the other, a faction, under the - lead of the senator from Kentucky. Such remarks were no more - nor less than calumnies on that distinguished man; and he would - ask the gentleman what principle Mr. Clay had changed, by which - he had obtained the ill-will of the gentleman, after having had - his support for fifteen years previous to the extra session? - He asked, Did the senator from Kentucky bring forward any new - measure at the extra session? Did he enter upon any untrodden - path, in order to embarrass the path of John Tyler? No, was the - answer." - -Reverting to the attacks on the administration, Mr. Cushing -considered them as the impotent blows of a faction, beating its -brains out against the immovable rock of the Tyler government: - - "It was now nearly two years since, in accordance with a vote - of the people, a change took place in the administration - of the government. Since that time, an internecine war had - arisen in the dominant party. The war had now been pursued - for about one year and a half; but, in the midst of it, the - federal government, with its fixed constitution, had stood, - like the god Terminus, defying the progress of those who were - rushing against it. The country had seen one party throw itself - against the immovable rock of the constitution. What had been - the consequence? The party thus hurling itself against the - constitutional rock was dashed to atoms." - -Mr. Cushing did not confine his attempts to gain adherents to -Mr. Tyler, to the terrors of denunciations and anathemas: he -superadded the seductive arguments of persuasion and enticement, and -carried his overtures so far as to be charged with putting up the -administration favor to auction, and soliciting bidders. He had said: - - "Now he would suppose a man called to be President of the United - States. It mattered not whether he was elected, or whether - the office devolved upon him by contingencies contemplated in - the constitution. He was President. What, then, was his first - duty? To consider how to discharge his functions. He (Mr. C.) - thought the President was bound to look around at the facts, - and see by what circumstances he was supported. Gentlemen might - talk of treason; much had been said on that subject; but the - question for the individual who might happen to be President to - consider was, How is the government to be carried out? By whose - aid? He (Mr. Cushing) would say to that party now having the - majority (and whom, on account of that circumstance, it was more - important he should address), that if they gave him no aid, it - was his duty to seek aid from their adversaries. If the whigs - continue to blockade the wheels of the government, he trusted - that the democrats would be patriotic enough to carry it on." - -Up to this point Mr. Cushing had addressed himself to the whigs to -come to the support of Mr. Tyler: despairing of success there he now -turned to the democracy. This open attempt to turn from one party -to the other, and to take whichever he could get, turned upon him a -storm of ridicule and reproach. Mr. Thompson, of Indiana, said: - - "The gentleman seemed to have assumed the character of - auctioneer for this bankrupt administration, and he took it that - the gentleman would be entitled to a good part of its effects. - This was the first time in the history of any civilized country - that a government had, through the person of its acknowledged - leader--a man doing most of its speaking, and much of its - thinking--stalked into a representative assembly, and openly - put up the administration in the common market to the highest - bidder." - -But Mr. Cushing did not limit himself to seductive appliances in -turning to the democracy for support to Mr. Tyler: he dealt out -denunciation to them also, and menaced them with the fate of the -shattered whig party if they did not come to the rescue. On this Mr. -Thompson remarked: - - "The gentleman also told the minority that they would be dashed - to pieces, like their predecessors, unless they came into the - measures of the President; but it yet remained to be seen - whether he would get a bid. Judging from the expression of - opinion by the leading organ of the democratic party, he (Mr. - T.) was inclined to think that no bid would be offered by a - portion of that party. He thought, from givings-out, in various - quarters, that the President would ultimately have to resort to - this 'constitutional fact,' to defend himself against a large - portion even of that party. Indeed, it was doubtful whether - there would be bidders from either side." - -Mr. Cushing had said that there were persons connected with the -administration who would yet be heard of for the Presidency, and -seemed to present that contingency also as a reason why support -should be given it. To this intimation Mr. Thompson made an -indignant reply: - - "He recollected well--though he was very young at the time, and - not prepared to take part in the political discussions of the - day--that, during the administration of the distinguished and - venerable gentleman from Massachusetts [Mr. ADAMS] there arose - in this country a party, who, upon the bare supposition (which - was dispelled on an examination of the facts)--upon the bare - suspicion that there was what was called a bargain, intrigue, - and management between the then head of the administration, - and another distinguished citizen who was a member of his - cabinet, made it a subject of the most bitter and vindictive - denunciation. Yet, notwithstanding that this part of our - history was still fresh in the recollection of the gentleman - from Massachusetts--when we see, in this age of republican - liberty, a gentleman descended from a line of illustrious - Revolutionary ancestry--coming, too, almost from the very Cradle - of Liberty, and acting as the organ of the administration on - this floor--boldly, shamelessly, and unblushingly offering - the spoils of office as a consideration for party support, - we may well have cause for alarm. How many clerkships were - there in Philadelphia to be disposed of in this manner? From - the collector down to the lowest tide-waiter, the power of - appointment was to be directed for the purpose of operating on - the coming presidential contest. Who, now, would charge the whig - party with shaping their measures with a view to the elevation - of a particular individual, after hearing the bold and open - avowal from the gentleman that the present administration would - shape their measures for the purpose of operating on the coming - contest? But (said Mr. T.) there was something exceedingly - ridiculous in the idea of the administration party--and such a - party, too!--coming into the Representative hall, and telling - its members that it had the power to dispose of the various - candidates for the Presidency at its pleasure, and controlling - the votes of nearly three millions of freemen by means of its - veto power, and the power of appointment and removal." - -Mr. Cushing had belonged to the federal party, since called whig, -up to the time that he joined Mr. Tyler, and had been all that time -a fierce assailant of the democratic party: the energy with which -he now attacked that party, and the warmth with which he wooed the -other, brought on him many reproaches, some rough and cutting--some -tender and deprecatory; as this from Mr. Thompson: - - "The gentleman exulted in the fate of the whig party, and told - them with much satisfaction that their party was destroyed. Now, - let him ask the gentleman, in the utmost sincerity of his heart, - whether he did not feel some little mortification and regret - when he saw the banner under which he had so often rallied - trailing in the dust, and trampled under the feet of those - against whom he had fought for so many years?" - -Foremost of the whigs in zeal and activity, Mr. Cushing, as one -of the most prominent men of the party, was appointed when the -presidential vote of 1840 was counted in the House, as one of the -committee of two to wait upon General Harrison and formally make -known to him his election. In two months afterwards General Harrison -died--Mr. Tyler became President and quit the whigs: Mr. Cushing -quit at the same time; and not content with quitting, threw all the -obloquy upon them which, for fifteen years, he had lavished upon -the democracy; and in quitting the whigs he reversed his conduct -in all the measures of his life, and without giving a reason for -the change in a single instance. Mr. Garret Davis summed up these -changes in a scathing peroration, from which some extracts are here -given: - - "The gentleman occupies a strange position and puts forth - extraordinary notions, considering the measures and principles - which he always, until the commencement of this administration, - advocated with so much zeal and ability I had read many of - his speeches before I knew him. I admired his talents and - attainments; I approved of the soundness of his views, and - was instructed and fortified in my own. But he is wonderfully - metamorphosed; and I think if he will examine the matter - deliberately, he will find it to be quite as true, that he has - broken his neck politically in jumping his somersets, as that - 'the whig party has knocked out its brains against the fixed - fact.' He tells us that party is nothing but an association of - men struggling for power; and that he contemns measures--that - measures are not principles. The gentleman must have been - reading the celebrated treatise, 'The Prince,' for such dicta - are of the school of Machiavelli; and his sudden and total - abandonment of all the principles as well as measures, to which - he was as strongly pledged as any whig, good and true, proves - that he had studied his lesson to some purpose. At the extra - session of 1837, he opposed the sub-treasury in a very elaborate - speech, in which we find these passages: 'We are to have a - government paper currency, recognizable by the government of - the United States, and employed in its dealings; but it is to - be irredeemable government paper? 'If the scheme were not too - laughingly absurd to spend time in arguing about it seriously; - if the mischiefs of a government paper currency had not had an - out-and-out trial both in Europe and America, I might discuss it - as a question of political economy. But I will not occupy the - committee in this way. I am astounded at the fatuity of any set - of men who can think of any such project.' This is what he said - of the sub-treasury. Now, he is the unscrupulous advocate of - the exchequer, a measure embodying both the sub-treasury and a - great organized government bank, and fraught with more frightful - dangers than his own excited imagination had pictured in the - whole three years. - - "He was one of the stanchest supporters of a United States bank. - He characterized 'the refusal of the late President (Jackson) to - sign the bill re-chartering the bank, like the removal of the - deposits, to be in defiance and violation of the popular will,' - and characterized as felicitous the periods of time when we - possessed a national bank, and as calamitous the periods that we - were without them, saying--'Twice for long periods of time, have - we tried a national bank, and in each period it has fulfilled - its appointed purpose of supplying a safe and equal currency, - and of regulating and controlling the issues of the State - banks. Twice have we tried for a few years to drag on without a - national bank, and each of these experiments has been a season - of disaster and confusion.' And yet, sir, he has denied that he - was ever the supporter of a bank of the United States, and is - now one of the most rabid revilers of such an institution. - - "He was for Mr. Clay's land bill; and he has abandoned, and - now contemns it. No man has been more frequent and unsparing - in his denunciations of General Jackson; and now he is the - sycophantic eulogist of the old hero. He was the unflinching - defender of the constitutional rights and powers of Congress. - This administration has not only resorted to the most flagitious - abuse of the veto power, but has renewed every other assault, - open or insidious, of Presidents Jackson and Van Buren upon - Congress, which he, at the time, so indignantly rebuked; and he - now justifies them all. He has gone far ahead of the extremest - parasites of executive power. John Tyler vetoed four acts of - Congress which the gentleman had voted for, and strange, by - his subtle sophistry, he defended each of the vetoes; and most - strange, when the House, in conformity to the provisions of - the constitution, voted again upon the measures, his vote was - recorded in their favor, and to overrule the very vetoes of - which he had just been the venal advocate." - -This versatility of Mr. Cushing, in the support of vetoes, was -one of the striking qualities developed in his present change of -parties. He had condemned the exercise of that power in General -Jackson in the case of the Bank of the United States, and dealt -out upon him unmeasured denunciation for that act: now he became -the supporter of all the vetoes of Mr. Tyler, even when those -vetoes condemned his own votes, and when they condemned the fiscal -bank charter which Mr. Tyler himself had devised and arranged for -Congress. He became the champion, unrivalled, of Mr. Webster and Mr. -Clay, defending them in all things; but now in attacking Mr. Clay -whom he had so long, and until so recently, so closely, followed and -loudly applauded, he became obnoxious to the severe denunciations of -that gentleman's friends. - - - - -CHAPTER CXXI. - -NAVAL EXPENDITURES, AND ADMINISTRATION ATTEMPTS AT REFORM: ABORTIVE. - - -The annual appropriation for this branch of the service being under -consideration, Mr. Parmenter, the chairman of the naval committee, -proposed to limit the whole number of petty officers, seamen, -ordinary seamen, landsmen and boys in the service to 7,500; and Mr. -Slidell moved an amendment to get rid of some 50 or 60 masters' -mates who had been illegally appointed by Mr. Secretary Henshaw, -during his brief administration of the naval department in the -interval between his nomination by Mr. Tyler and his rejection by -the Senate. These motions brought on a debate of much interest -on the condition of the navy itself, the necessity of a peace -establishment, and the reformation of abuses. Mr. Cave Johnson, of -Tennessee-- - - "Expressed himself gratified to see the limitation proposed by - the chairman of the Committee on Naval Affairs; that he had - long believed that we should have a peace establishment for the - navy, as well as the army; and that the number of officers and - men in each should be limited to the necessities of the public - service. Heretofore the navy had been left to the discretion - of the Secretary, only limited by the appropriation bills. He - urged upon the chairman of the Naval Committee the propriety - of reducing still further. If he did not misunderstand the - amendment, it proposed to man the number of vessels required - for the next year in the same way that we would do in time - of war, as we have heretofore done. He thought there should - be a difference in the complement of men required for each - ship in war and in peace. He read a table, showing that in - the British service, first class men-of-war of 120 guns, in - time of peace had on board (officers, men, and marines) 886 - men, whilst the same class in our service had on board 1,200, - officers, men, and marines--near one-third more officers - and men in the American service than were employed in the - British. The table showed about the same difference in vessels - of inferior size. He thought the number of men and officers - should be regulated for a peace, and not a war establishment. - He expressed the hope that the chairman of the Naval Committee - would so shape his amendment as to fix the number of officers - and men for a peace establishment. He was desirous of having a - peace establishment, and the expenditures properly regulated. - This branch of the service, together with the army, were the - great sources of expenditure. He read a table, showing the - expenditures of these branches of the public service from 1821 - to 1842, as follows: ($235,000,000.) He said the country would - be astonished to see the immense sums expended on the army and - navy; and, as he thought, without any adequate return to the - country. He could see no advantage to the country from this - immense expenditure--no adequate return. He was aware of the - excuse made for it--the protection of our commerce. This was a - mere pretext--an excuse for throwing upon the public treasury - an immense number of men, who might be much more profitably to - the country employed in other occupations. He alluded to the - Mediterranean squadron and the expenditures for the protection - of our commerce on that sea; and expressed the opinion that our - expenditures at that station equalled the whole of the commerce - east of the Straits of Gibraltar--that it would be better for - the country to pay for the commerce than protect it; that there - was no more need to protect our commerce in the Mediterranean - than there was in the Chesapeake Bay. Such a thing as pirates in - that sea had been scarcely heard of in the last twenty years. - He expressed his determination to vote for the amendment, but - hoped the chairman would so shape it as to make a regular peace - establishment." - -The member from Tennessee was entirely right in his desire for -a naval peace establishment, but the principle on which such an -establishment should be formed, was nowhere developed. It was -generally treated as a naval question, dependent upon the number -of naval marine--others a commercial question, dependent upon our -amount of commerce; while, in fact, it is a political question, -dependent upon the state of the world. Protection of commerce is the -reason always alleged: that reason, pursued into its constituent -parts, would always involve two inquiries, and both of them to be -answered in reference to the amount of commerce, and its dangers -in any sea. To measure the amount of a naval peace establishment, -and its distribution in different seas, the amount of danger must -be considered: and that is constantly varying with the changing -state of the world. The great seat of danger was formerly in the -Mediterranean Sea; and squadrons proportioned to the amount of that -danger were sent there: since the extirpation of the piratical -powers on the coast of the sea, there is no danger to commerce -there, and no need for any protection; yet larger squadrons are sent -there than ever. Formerly there was piracy in the West Indies, -and protection was needed there: now there is no piracy, and no -protection needed, and yet a home squadron must watch those islands. -So of other places. There is no danger in many places now in which -there was much formerly; and where we have most commerce there is -no danger at all. This protection, the object of a naval peace -establishment, is only required against lawless or barbarian powers: -such powers require the presence of some ships of war to restrain -their piratical disposition. The great powers which recognize the -laws of nations, need no such negotiators as men-of-war. They do not -commit depredations to be redressed by a broadside into a town: if -they do injury to commerce it is either accidental, or in pursuance -to some supposed right: and in either case friendly ministers are -to negotiate, and the political power to resolve, before cannon are -fired. Here then is the measure of a peace establishment: it is -in the number and power of the barbarian or half-barbarian powers -which are not amenable to the laws of nations, and whose lawless -propensities can only be restrained by the fear of immediate -punishment. There are but few of these powers at present--much fewer -than there were fifty years ago, and can only be found by going to -the extremities of the globe--and are of no force when found, and -can be kept in perfect order by cruisers. As for the squadrons kept -up in the Mediterranean, the Pacific coast, Brazil, and East Indies, -they are there without a reason, and against all reason--have -nothing to do but stay abroad three years, and then come home--to -be replaced by another for another three years: and so on, until -there shall be reform. Better far, if all these squadrons are to be -kept up, that they should remain at home, spending their money at -home instead of abroad, and just as serviceable to commerce. As for -the home squadron, that was established by law, without reason, and -should be suppressed without delay: and as for the African squadron, -that was established by treaty to please Great Britain, and ought, -in the first place, not to have been established at all; and in the -second place, should have been suppressed as soon as the five years' -obligation to keep it up had expired. - -Mr. Hamlin, of Maine, spoke to the body of the case, and with -knowledge of the subject, and a friendly feeling to the navy--but -not such feeling as could wink at its abuses. He said: - - "He trusted he was the very last person who would detract from - the well-merited fame of the navy; but he had another rule - of action: he would endeavor so to vote in relation to this - subject, as to check, if possible, what he believed the gross - and extravagant expenditure of public money: and he referred - gentlemen, in corroboration of this assertion that there was - extravagance in the expenditures, to the report of the Committee - on Naval Affairs. The facts which stared them in the face - from every quarter justified him in the assertion that there - was gross extravagance. Mr. H. referred to various items of - expenditure, in proof of the existence of extravagance." - -'Mr. Hamlin pointed to the enormous increase in the number of -officers in the navy, constantly augmenting in a time of peace, -instead of being diminished as the public good required: - - "He produced tables, taken from official returns, to show - that the greater number of these officers were necessarily - unemployed, and were spending their time at home in idleness. - He had nothing to urge against any officer of the navy; they - could not be blamed for receiving the allowance which the law - gave them, whether employed or not;--but he asked gentlemen - to examine the great disparity between the number of naval - officers, as regulated by statute, and the number now in - existence." - -This was said before the naval school was created: since the -establishment of that school, enough are legally appointed to -officer a great navy. Two hundred and fifty midshipmen constantly -there, coming off by annual deliveries, and demanding more ships -and commissions than the public service and the public Treasury can -bear. Illegal appointments have ceased, but the evil of excessive -appointments is greater than ever. - -Mr. Hamlin produced some items of extravagance, one of which he -summed up, showing as the result that $2,142 97 was expended at one -hospital in liquors for the "sick," and $10,288 53 for provisions: -and then went on to say: - - "The amount expended within a period of one year on the coast - of Florida by the commander of this little squadron, was five - hundred and four thousand five hundred and eighty dollars; and - yet the gentleman from South Carolina found in this nothing to - induce the House to restrict the appropriations. Mr. H. said - he would go for the amendment. He would go for any thing to - stop the drafts these leeches were making on the Treasury. - His principal object, however, in rising, was to call on the - members to redeem the pledges of economy that they made at the - beginning of the session, and he trusted that now that they had - the opportunity they would redeem them. He was from a commercial - State, and would be the last man to do any act that would be - injurious to commerce; but he did not understand how commerce - could be benefited or protected by suffering this enormous and - profligate waste of public money to be continued. By introducing - a proper system of economy and accountability, the navy would be - more efficient, and the government would be able to employ more - ships and more guns to protect commerce than they now did." - -Mr. Hale replied to several members, and went on to speak of abuses -in the navy expenditures, and the irresponsibility of officers: - - "There was an old maxim in the navy, that there was no law for - a post-captain, and really the adage seemed now to be verified. - The navy (said Mr. H.) is utterly without law, and the document - just read by the gentleman from Maine [Mr. HAMLIN] showing the - expenditures of the Florida squadron, proved it. Such conduct - as was described in that document ought to make every American - blush; but what was the result of it? Why, the officer came - forward and demanded of the Secretary of the Navy (Mr. Henshaw) - extra compensation as commander of a foreign squadron, and the - Secretary paid him from five to seven thousand dollars more. It - was to correct a thousand such abuses as this, that had crept - into the navy, that he would offer the amendment which had been - read for the information of the committee. Mr. H. went on to - comment on the large amount of money unnecessarily expended for - the navy. We have, said he, twice as many officers as there is - any use for, and they receive higher pay than the officers of - any navy in the world." - -Mr. Hale believed we had too many navy-yards, and mentioned the -condition of the one nearest his own home, as an exemplification of -his opinion, Portsmouth, New Hampshire-- - - "Where were stationed twenty-six officers, at an expense of - $30,000 a year, and all to command six seamen and twelve - ordinary seamen. This yard was commanded by a post-captain; - and what duties had he to perform? Why, just nothing. What had - the commander to do? Why, to help the captain; and as for the - lieutenants, they had nothing to do but to give orders to the - midshipmen." - -The movement ended without results, and so of all desultory efforts -at reform at any time. Abuses in the expenditure of public money -are not of a nature to surrender at the first summons, nor to yield -to any thing but persevering and powerful efforts. A solitary -member, or a few members, can rarely accomplish any thing. The ready -and efficient remedy lies with the administration, but for that -purpose a Jefferson is wanted at the head of the government--a man -not merely of the right principles, but of administrative talent, to -know how to apply his economical doctrines. Such a President would -now find a great field for economy and retrenchment in reducing -our present expenditures about the one-half--from seventy odd -millions to thirty odd. Next after an administration should come -some high-spirited and persevering young men, who would lay hold, -each of some great abuse, and pursue it without truce or mercy--year -in, and year out--until it was extirpated. Some such may arise--one -to take hold of the navy, one of the army, one of the civil and -diplomatic--and gain honor for themselves and good for their country -at the same time. - - - - -CHAPTER CXXII. - -CHINESE MISSION: MR. CUSHING'S APPOINTMENT AND NEGOTIATION. - - -Ten days before the end of the session 1842-'3, there was taken up -in the House of Representatives a bill reported from the Committee -of Foreign Relations, to provide the means of opening future -intercourse between the United States and China. The bill was -unusually worded, and gave rise to criticism and objection. It ran -thus: - - "That the sum of forty thousand dollars be, and the same is - hereby, appropriated and placed at the disposal of the President - of the United States, to enable him to establish the future - commercial relations between the United States and the Chinese - Empire on terms of national equal reciprocity; the said sum to - be accounted for by the President, under the restrictions and in - the manner prescribed by the act of first of July, one thousand - seven hundred and ninety, entitled 'An act providing the means - of intercourse between the United States and foreign nations.'" - -This bill was unusual, and objectionable in all its features. It -appropriated a gross sum to be disposed of for its object as the -President pleased, being the first instance in a public act of -a departure from the rule of specific appropriations which Mr. -Jefferson introduced as one of the great reforms of the republican -or democratic party. It withdrew the settlement of the expenditure -of this money from the Treasury officers, governed by law, to -the President himself, governed by his discretion. It was copied -from the act of July 1st, 1790, but under circumstances wholly -dissimilar, and in violation of the rule which condemned gross, -and required specific, appropriations. That act was made in the -infancy of our government, and when preliminary, informal, and -private steps were necessary to be taken before public negotiations -could be ventured. It was under that act that Mr. Gouverneur Morris -was privately authorized by President Washington to have the -unofficial interviews with the British ministry which opened the -way for the public mission which ended in the commercial treaty -of 1794. Private advances were necessary with several powers, in -order to avoid rebuff in a public refusal to treat with us. Great -latitude of discretion was, therefore, entrusted to the President; -and that President was Washington. A gross sum was put into his -hands, to be disposed of as he should deem proper for its object, -that of intercourse between the United States and foreign nations, -and to account for such part of the expenditure of the sum as, -in his judgment, might be made public, and he was limited in the -sums he might allow to $9,000 outfit, and $9,000 salary to a full -minister--to $4,500 per annum to a charge de affaires--and to $1,350 -to a secretary of legation. This bill for the Chinese mission was -framed upon that early act of 1790, and even adopted its mode of -accounting for the money by leaving it to the President to suppress -the items of the expenditure, when he should judge it proper. The -bill was loose and latitudinous enough to shock the democratic -side of the House; but not enough so to satisfy its friends; and -accordingly the first movement was to enlarge the President's -discretion, by striking from the bill the word "restrictions" which -applied to his application of the money. Mr. Adams made the motion, -and as he informed the House in the course of the discussion, at the -instance and according to the wish of the Secretary of State (Mr. -Webster). This motion gave rise to much objection. Mr. Meriwether, -a member of the committee which had reported the bill, spoke first; -and said: - - "He opposed the amendment. If he understood its effect, it would - be to leave the mission without any restriction. The bill, as it - came from the Committee on Foreign Affairs, placed this mission - on the same footing as other missions. The Secretary of State, - however, wished the whole sum placed at his own disposal and - control--wished it left to him to pay as much as he pleased. He - (Mr. M.) did not consider this mission to China as a matter of - so much importance as had been claimed for it. He thought it - would be difficult to persuade the people of that country to - change their polity, give up their aversion to foreigners, and - enter into commercial intercourse with other nations. He wished, - at any rate, to have this mission placed on the same footing as - other missions. He knew not how the whole of this sum of $40,000 - was to be expended, although he was a member of the Committee - on Foreign Affairs. Our ministers generally receive $9,000 a - year salary, and $9,000 outfit. Now, if the amendment of the - gentleman from Massachusetts [Mr. ADAMS] should be adopted, it - would be in the power of the President to pay the minister who - might be sent to China $20,000 outfit, and $20,000 more salary. - The minister would be subject to no expense, would go out in - a national vessel, and would not be compelled to land until - it suited his pleasure. Why make a difference in the case of - China? Was that mission of greater importance than the French? - Look at Turkey--a semi-barbarous country--where our minister - received $6,000 a year. He thought if $6,000 was enough for the - services of Commodore Porter at Constantinople, that sum would - be sufficient for any minister that might be sent out to China. - When the amendment now before the committee should have been - disposed of, he should move to place the mission to China upon - the same footing with that to Turkey." - -In these remarks Mr. Meriwether shows it was the sense of the -committee to make the appropriation in the usual specific form, -leaving the accountability to the usual Treasury settlement; but -that the bill was changed to its present shape at the instance of -the Secretary of State. Some members placed their objections on the -ground of no confidence in the administration that was to expend the -money: thus, Mr. J. C. Clark, of New York: - - "In the British Parliament, it is a legitimate ground of - objection to a supply bill, that the objector has no confidence - in the ministry. This bill proposes to vest in the President - and Secretary of State a large discretion in the expenditure - of forty thousand dollars; and I agree with my friend from - Georgia [Mr. MERIWETHER], that there is good reason to doubt - the propriety of giving to these men the disbursement of any - money not imperiously called for by the exigencies of the public - service. I place my opposition to this bill solely on the ground - of an utter want of confidence in the political integrity of the - President and some of his official advisers." - -Mr. Adams replied to these objections: - - "He did not think it necessary to waste the time of the House in - arguing the propriety of a mission to China. The message of the - President was sufficient on that point. - - "He then replied to the objections urged against the bill, - on the ground that it placed too much confidence in the - President, and that the appropriation was to be made without - restriction. The motion which he had submitted, to strike - out the restrictions of law, which were applicable to other - diplomatic appropriations, was made after a consultation with - the Secretary of State, who thought that to impose restrictions - might embarrass the progress of the negotiations." - -Mr. McKeon, of New York, opposed the whole scheme of the mission to -China, believing it to be unnecessary, and to be conducted with too -much pomp and expense, and to lay the foundation for a permanent -mission. He said: - - "There was nothing so very peculiar in the case of China, that - Congress should depart from the usual restrictions of law, which - applied to diplomatic appropriations generally. He thought it - would be better to take the matter quietly, and go about it in - a quiet business manner. Should the bill pass as reported by - the committee, it would authorize a minister at a salary of - $9,000 and $9,000 outfit. Pass it according to the amendment - of the gentleman from Massachusetts [Mr. ADAMS], and $40,000 - would thereby be placed at the disposal of the Executive--more - than he (Mr. McK.) was willing to see placed in the hands of - any President. He should be as liberal as any man in fixing the - salaries of the minister and secretary. But the appropriation - was only a beginning. The largest ship in this country (the - Pennsylvania) would no doubt be selected to carry out whomsoever - should be selected as minister, in order to give as much _eclat_ - as possible to our country. Then other vessels would have to be - sent to accompany this ship, and to sail where her size would - not allow her to go. These, and other paraphernalia, would have - to be provided for the minister; and this $40,000 would be but a - beginning of the expense. He concluded by expressing the hope - that the motion to strike out the restrictions contained in the - bill, and thereby place the whole appropriation at the disposal - of the President, would not prevail." - -Mr. Bronson, of Maine, expressed it as his conviction, that we -should possess more information before such a measure as that of -sending a minister plenipotentiary to China should be adopted. -He should prefer having a commercial agent for the present. The -question was then taken on Mr. Adams's proposed amendment, and -resulted in its adoption--80 votes for it; 55 against it. The -previous question being called, the bill was then passed without -further debate or amendment--yeas 96: nays 59. The nays were: - - "Messrs.--Thomas D. Arnold, Archibald H. Arrington, Charles G. - Atherton, Benjamin A. Bidlack, John M. Botts, David Bronson, - Milton Brown, Charles Brown, Edmund Burke, William O. Butler, - Patrick C. Caldwell, William B. Campbell, Zadock Casey, John C. - Clark, Nathan Clifford, Walter Coles, Benjamin S. Cowen, James - H. Cravens, George W. Crawford, Garrett Davis, Andrew W. Doig, - William P. Fessenden, Charles A. Floyd, A. Lawrence Foster, - Roger L. Gamble, James Gerry, William L. Goggin, William O. - Goode, Willis Green, William A. Harris, John Hastings, Samuel - L. Hays, Jacob Houck, jr., Robert M. T. Hunter, John W. Jones, - George M. Keim, Nathaniel S. Littlefield, Abraham McClellan, - James J. McKay, John McKeon, Albert G. Marchand, Alfred - Marshall, John Maynard, James A. Meriwether, John Moore, Bryan - Y. Owsley, Kenneth Rayner, John R. Reding, John Reynolds, R. - Barnwell Rhett, James Rogers, William Smith, John Snyder, James - C. Sprigg, Edward Stanley, Lewis Steenrod, Charles C. Stratton, - John T. Stuart, Samuel W. Trotti." - -It was observed that Mr. Cushing, though a member of the committee -which reported the bill, and a close friend to the administration, -took no part in the proceedings upon this bill--neither speaking -nor voting for or against it: a circumstance which strengthened the -belief that he was to be the beneficiary of it. - -It was midnight on the last day of the session when the bill was -called up in the Senate. Mr. Wright of New York, desired to know the -reason for so large an appropriation in this case. He was answered -by Mr. Archer, the senatorial reporter of the bill, who said it was -not intended that the salary of the minister, or agent, together -with his outfit, should exceed $18,000 per annum--the amount -usually appropriated for such missions. Supposing the mission to -occupy two years, and the sum is not too much, and the remoteness of -the country to be negotiated with, justifies the full appropriation -in advance. Mr. Wright replied that the explanation was not at all -satisfactory to him: the compensation to an agent in China could be -voted annually, and applied annually, as conveniently as any other. -Mr. Benton objected to any mission at all, and especially to such a -one as the bill provided for. He argued that-- - - "There was no necessity for a treaty with China, was proved by - the fact that our trade with that country had been going on - well without one for a century or two, and was now growing and - increasing constantly. It was a trade conducted on the simple - and elementary principle of '_here is one_,' and '_there is the - other_'--all ready-money, and hard money, or good products--no - credit system, no paper money. For a long time this trade took - nothing but silver dollars. At present it is taking some other - articles, and especially a goodly quantity of Missouri lead. - This has taken place without a treaty, and without an agent at - $40,000 expense. All things are going on well between us and the - Chinese. Our relations are purely commercial, conducted on the - simplest principles of trade, and unconnected with political - views. China has no political connection with us. She is not - within the system, or circle, of American policy. She can have - no designs upon us, or views in relation to us; and we have no - need of a minister to watch and observe her conduct. Politically - and commercially the mission is useless. By the Constitution, - all the ministers are to be appointed by the Senate; but this - minister to China is to be called an agent, and sent out by - the President without the consent of the Senate; and thus, by - imposing a false name upon the minister, defraud the Senate of - their control over the appointment. The enormity of the sum - shows that the mission is to be more expensive than any one ever - sent from the United States; and that it is to be one of the - first grade, or of a higher grade than any known in our country. - Nine thousand dollars per annum, and the same for an outfit, is - the highest compensation known to our service; yet this $40,000 - mission may double that amount, and still the minister be only - called an agent, for the purpose of cheating the Senate out of - its control over the appointment. The bill is fraudulent in - relation to the compensation to be given to this ambassadorial - agent. No sum is fixed, but he is to take what he pleases for - himself and his suite. He and they are to help themselves; and, - from the amount allowed, they may help themselves liberally. In - all other cases, salaries and compensations are fixed by law, - and graduated by time; here there is no limit of either money or - time. This mission goes by the job--$40,000 for the job--without - regard to time or cost. A summer's work, or a year's work, it - is all the same thing: it is a job, and is evidently intended - to enable a gentleman, who loves to travel in Europe and Asia, - to extend his travels to the Celestial Empire at the expense of - the United States, and to write a book. The settlement of the - accounts is a fraud upon the Treasury. In all cases of foreign - missions, except where secret services are to be performed, - and spies and informers to be dealt with, the accounts are - settled at the Treasury Department, by the proper accounting - officers; when secret services are to be covered, the fund out - of which they are paid is then called the contingent foreign - intercourse fund; and are settled at the State Department, upon - a simple certificate from the President, that the money has been - applied according to its intention. It was in this way that the - notorious John Henry obtained his $50,000 during the late war; - and that various other sums have been paid out to secret agents - at different times. To this I do not object. Every government, - in its foreign intercourse, must have recourse to agents, and - have the benefit of some services, which would be defeated if - made public; and which must, therefore, be veiled in secrecy, - and paid for privately. This must happen in all governments; but - not so in this case of the Chinese mission. Here, secrecy is - intended for what our own minister, his secretary, and his whole - suite, are to receive. Not only what they may give in bribes - to Chinese, but what they may take in pay to themselves, is to - be a secret. All is secret and irresponsible! And it will not - do to assimilate this mission to the oldest government in the - world, to the anomalous and anonymous missions to revolutionary - countries. Such an analogy has been attempted in defence of - this mission, and South American examples cited; but the cases - are not analogous. Informal agencies, with secret objects, are - proper to revolutionary governments; but here is to be a public - mission, and an imposing one--the grandest ever sent out from - the United States.--To attempt to assimilate such a mission to - a John Henry case, or to a South American agency, is absurd and - impudent; and is a fraud upon the system of accountability to - which all our missions are subjected. - - "The sum proposed is the same that is in the act of 1790, upon - which the bill is framed. That act appropriated $40,000: but - for what? For one mission? one man? one agent? one by himself, - one? No. Not at all. That appropriation of 1790 was for all - the missions of the year--all of every kind--public as well as - secret: the forty thousand dollars in this bill is for one man. - The whole diplomatic appropriation in the time of Washington is - now to be given to one man: and it is known pretty well who it - is to be. Forty thousand dollars to enable one of our citizens - to get to Peking, and to bump his head nineteen times on the - ground, to get the privilege of standing up in the presence of - his majesty of the celestial empire. And this is our work in the - last night of this Congress. It is now midnight: and, like the - midnight which preceded the departure of the elder Adams from - the government, the whole time is spent in making and filling - offices. Providing for favorites, and feeding out of the public - crib, is the only work of those whose brief reign is drawing to - a close, and who have been already compelled by public sentiment - to undo a part of their work. The bankrupt act is repealed by - the Congress that made it; the distribution act has shared the - same fate; and if they had another session to sit, the mandamus - act against the States, the habeas corpus against the States, - this Chinese mission, and all the other acts, would be undone. - It would be the true realization of the story of the queen - who unravelled at night the web that she wove during the day. - As it is, enough has been done, and undone, to characterize - this Congress--to entitle it to the name of Ulysses' wife--not - because (like the virtuous Penelope) it resisted seduction--but - because, like her, its own hands unravelled its own work." - -Mr. Archer replied that the ignominious prostrations heretofore -required of foreign ministers in the Imperial Chinese presence, were -all abolished by the treaty with Great Britain, and that the Chinese -government had expressed a desire to extend to the United States -all the benefits of that treaty, and this mission was to conclude -the treaty which she wished to make. Mr. Benton replied, so much -the less reason for sending this expensive mission. We now have the -benefits of the British treaty, and we have traded for generations -with China without a treaty, and without a quarrel, and can continue -to do so. She extends to us and to all nations the benefits of the -British treaty: the consul at Canton, Dr. Parker, or any respectable -merchant there, can have that treaty copied, and sign it for the -United States; and deem himself well paid to receive the fortieth -part of this appropriation. Mr. Woodbury wished to see a limitation -placed upon the amount of the annual compensation, and moved an -amendment, that not more than nine thousand dollars, exclusive of -outfit, be allowed to any one person for his annual compensation. -Mr. Archer concurred in the limitation, and it was adopted. Mr. -Benton then returned to one of his original objections--the -design of the bill to cheat the Senate out of its constitutional -control over the appointment. He said the language of the bill was -studiously ambiguous. Whether the person was to be a minister, a -charge, or an agent, was not expressed. He now desired to know -whether it was to be understood that the person intended for this -mission was to be appointed by the President alone, without asking -the advice and consent of the Senate? Mr. Archer replied that he -had no information on the subject. Mr. Conrad of Louisiana, said -that he would move an amendment that might obviate the difficulty; -he would move that no agent be appointed without the consent of the -Senate. This amendment was proposed, and adopted--31 yeas; 9 nays. -These amendments were agreed to by the House; and, thus limited and -qualified, the bill became a law. - -The expected name did not come. The Senate adjourned, and no -appointment could be made until the next session. It was not a -vacancy happening in the recess which the President could fill by a -temporary appointment, to continue to the end of the next session. -It was an original office created during the session, and must be -filled at the session, or wait until the next one. The President -did neither. There were two constitutional ways open to him--and he -took neither. There was one unconstitutional way--and he took it. -In brief, he made the appointment in the recess; and not only so -made it, but sent off the appointee (Mr. Caleb Cushing) also in the -recess. Scarcely had the Senate adjourned when it was known that Mr. -Cushing was to go upon this mission as soon as the ships could be -got ready to convey him: and in the month of May he departed. This -was palpably to avoid the action of the Senate, where the nomination -of Mr. Cushing would have been certain of rejection. He had already -been three times rejected in one day upon a nomination for Secretary -of the Treasury--receiving but two votes on the last trial. All the -objections which applied to him for the Treasury appointment, were -equally in force for the Chinese mission; and others besides. It -was an original vacancy, and could not be filled during the recess -by a temporary appointment. It was not a vacancy "happening" in the -recess of the Senate, and therefore to be temporarily filled without -the Senate's previous consent, lest the public interest in the -meanwhile should suffer. It was an office created, and the emolument -fixed, during the time that Mr. Cushing was a member of Congress: -consequently he was constitutionally interdicted from receiving it -during the continuance of that term. His term expired on the third -of March: he was constitutionally ineligible up to the end of that -day: and this upon the words of the constitution. Upon the reasons -and motives of the constitution, he was ineligible for ever. The -reason was, to prevent corrupt and subservient legislation--to -prevent members of Congress from conniving or assisting at the -enactment of laws for their own benefit, and to prevent Presidents -from rewarding legislative subservience. Tested upon these reasons -Mr. Cushing was ineligible after, as well as before, the expiration -of his congressional term: and such had been the practice of all -the previous Presidents. Even in the most innocent cases, and where -no connivance could possibly be supposed of the member, would any -previous President appoint a member to a place after his term -expired, which he could not receive before it: as shown in Chapter -XXX of the first volume of this View. In the case of Mr. Cushing -all the reasons, founded in the motives of the constitutional -prohibition, existed to forbid his appointment. He had deserted his -party to join Mr. Tyler. He worked for him in and out of the House, -and even deserted himself to support him--as in the two tariff bills -of the current session; for both of which he voted, and then voted -against them when vetoed: for which he was taunted by Mr. Granger, -of New York.[7] There was besides a special provision in the law -under which he was appointed to prevent the appointment from being -made without the concurrence of the Senate. (The notice of the -proceedings in the Senate when the bill which ripened into that -law, have shown the terms of that provision, and the reasons of its -adoption.) It is no answer to that pregnant amendment to say that -the nomination would be sent in at the next session. That session -would not come until six months after Mr. Cushing had sailed! not -until he had arrived at his post! not until he had placed the entire -diameter of the terraqueous globe between himself and the Senate! -and a still greater distance between the Treasury and the $40,000 -which he had drawn out of it! - - [7] "Mr. Granger observed that he had a few words to say to the - gentleman from Massachusetts [Mr. CUSHING]. When he reflected that - that gentleman had voted for every bill that the President had - vetoed, and had then defended every veto which the President had - sent them, he had been not a little puzzled to know how to defend - his position. The gentleman was like a man he saw a short time since - in the circus, who came forward ready dressed and equipped to ride - any horse that might be brought out for him. First the gentleman - from Massachusetts rode the bank pony; and that having run to death, - he mounted the veto charger. The second bank roadster, then the - tariff palfrey, and lastly, the stout-limbed tariff hunter, were - mounted in their turn; and the veto animals were as complacently - mounted, and were seated with as much self-satisfaction. The - gentleman had voted for every bill, and then had justified every - veto, and every act of executive encroachment on this House." - -Two squadrons of ships-of-war were put in requisition to attend -this minister. The Pacific squadron, then on the coast of South -America, was directed to proceed to China, to meet him: a squadron -was collected at Norfolk to convey him. This squadron consisted -of the new steam frigate, Missouri--the frigate Brandywine, -the sloop-of-war Saint Louis, and the brig Perry--carrying -altogether near two hundred guns; a formidable accompaniment for -a peace mission, seeking a commercial treaty. Mr. Cushing had a -craving to embark at Washington, under a national salute, and -the administration gratified him: the magnificent steam frigate, -Missouri, was ordered up to receive him. Threading the narrow -and crooked channel of the Potomac River, the noble ship ran on -an oyster bank, and fifteen of her crew, with a promising young -officer, were drowned in getting her off. The minister had a -desire to sail down the Mediterranean, seeing its coasts, and -landing in the ancient kingdom of the Pharaohs: the administration -deferred to his wishes. The Missouri was ordered to proceed to -the Mediterranean, which the ill-fated vessel was destined never -to enter; for, arriving at Gibraltar, she took fire and burned -up--baptizing the anomalous mission in fire and blood, as well as -in enormous expense. The minister proceeded in a British steamer to -Egypt, and then by British conveyance to Bombay, where the Norfolk -squadron had been ordered to meet him. The Brandywine alone was -there, but the minister entered her, and proceeded to the nearest -port to Canton, where, reporting his arrival and object, a series -of diplomatic contentions immediately commenced between himself -and "Ching, of the celestial dynasty, Governor-general of that -part of the Central Flowery Kingdom." Mr. Cushing informed this -governor that he was on his way to Peking, to deliver a letter from -the President of the United States to the Emperor, and to negotiate -a treaty of commerce; and, in the mean time, to take the earliest -opportunity to inquire after the health of the august Emperor. To -this inquiry Ching answered readily that, "At the present moment -the great Emperor is in the enjoyment of happy old age and quiet -health, and is at peace with all, both far and near:" but with -respect to the intended progress to Peking, he demurs, and informs -the minister that the imperial permission must first be obtained. "I -have examined," he says, "and find that every nation's envoy which -has come to the Central Flowery Kingdom with a view of proceeding -to Peking, there to be presented to the august Emperor, has ever -been required to wait outside of the nearest port on the frontier -till the chief magistrate of the province clearly memorialize -the Emperor, and request the imperial will, pointing out whether -the interview may be permitted." With respect to the treaty of -friendship and commerce, the governor declares there is no necessity -for it--that China and America have traded together two hundred -years in peace and friendship without a treaty--that all nations -now had the benefit of the treaty made with Great Britain, which -treaty was necessary to establish relations after a war; and that -the United States, having had no war with China, had no need for -a treaty. He supposes that, having heard of the British treaty, -the United States began to want one also, and admits the idea is -excellent, but unnecessary, and urges against it: - - "As to what is stated, of publicly deliberating upon the - particulars of perpetual peace, inasmuch as it relates to - discoursing of good faith, peace, and harmony, the idea is - excellent; and it may seem right, because he has heard that - England has settled all the particulars of a treaty with China, - he may desire to do and manage in the same manner. But the - circumstances of the two nations are not the same, for England - had taken up arms against China for several years, and, in - beginning to deliberate upon a treaty, these two nations could - not avoid suspicion; therefore, they settled the details of - a treaty, in order to confirm their good faith; but since - your honorable nation, from the commencement of commercial - intercourse with China, during a period of two hundred years, - all the merchants who have come to Canton, on the one hand, have - observed the laws of China without any disagreement, and on the - other, there has been no failure of treating them with courtesy, - so that there has not been the slightest room for discord; - and, since the two nations are at peace, what is the necessity - of negotiating a treaty? In the commencement, England was not - at peace with China; and when afterwards these two nations - began to revert to a state of peace, it was indispensable to - establish and settle details of a treaty, in order to oppose - a barrier to future difficulties. I have now discussed this - subject, and desire the honorable plenipotentiary maturely to - consider it. Your honorable nation, with France and England, - are the three great foreign nations that come to the south of - China to trade. But the trade of America and England with China - is very great. Now, the law regulating the tariff has changed - the old established duties, many of which have been essentially - diminished, and the customary expenditures (exactions?) have - been abolished. Your honorable nation is treated in the same - manner as England; and, from the time of this change in the - tariff, all kinds of merchandise have flowed through the - channels of free trade, among the people, and already has - your nation been bedewed with its advantages. The honorable - plenipotentiary ought certainly to look at and consider that - the Great Emperor, in his leniency to men from afar, has issued - edicts commanding the merchants and people peaceably to trade, - which cannot but be beneficial to the nations. It is useless, - with lofty, polished, and empty words, to alter these unlimited - advantages." - -In all this alleged extension of the benefits of the British treaty -to all nations, Ching was right in what he said. The Emperor had -already done it, and the British government had so determined it -from the beginning. It was a treaty for the commercial world as -well as for themselves, and had been so declared by the young Queen -Victoria in her speech communicating the treaty to Parliament. -"Throughout the whole course of my negotiations with the government -of China, I have uniformly disclaimed the wish for any exclusive -advantages. It has been my desire that equal favor should be shown -to the industry and commercial enterprise of all nations." There was -really no necessity for a treaty, which as often begets dissensions -as prevents them; and if one was desirable, it might have been had -through Dr. Parker, long a resident of China, and now commissioner -there, and who was Secretary of Legation and interpreter in Mr. -Cushing's mission, and the medium of his communications with the -Chinese; and actually the man of business who did the business in -conducting the negotiations. But Mr. Cushing perseveres in his -design to go to Peking, alleging that, "He deems himself bound by -the instructions of his government to do so." Ching replies that he -has received the imperial order "to stop and soothe him." Ching also -informs him that the treaty with Great Britain was negotiated, not -at Peking but at Canton, and also its duplicate with Portugal, and -that a copy of it was in the hands of the American consul at Canton, -for the information and benefit of American merchants. In his -anxiety to prevent a foreign ship-of-war from approaching Peking, -the Chinese governor intimated that, if a treaty was indispensable, -a commissioner might come to Canton for that purpose; and on inquiry -from Mr. Cushing how long it would take to send to Peking and get a -return, Ching answered, three months--the distance being so great. -Mr. Cushing objects to that delay--declares he cannot wait so long, -as the season for favorable navigation to approach Peking may -elapse; and announces his determination to proceed at once in the -Brandywine, without waiting for any permission; and declares that a -refusal to receive him would be a national insult, and a just cause -of war. Here is the extract from his letter: - - "Under these circumstances, inasmuch as your Excellency does not - propose to open to me the inland road to Peking, in the event - of my waiting here until the favorable monsoon for proceeding - to the north by sea shall have passed away, and as I cannot, - without disregard of the commands of my government, permit the - season to elapse without pursuing the objects of my mission, - I shall immediately leave Macao in the Brandywine. I feel the - less hesitation in pursuing this course, in consideration of - the tenor of the several communications which I have received - from your Excellency. It is obvious, that if the court had - entertained any very particular desire that I should remain - here, it would have caused an imperial commissioner to be on - the spot, ready to receive me on my arrival, or, at any rate, - instructions would have been forwarded to your Excellency for - the reception of the legation; since, in order that no proper - act of courtesy towards the Chinese government should be left - unobserved, notice was duly given last autumn, by the consul of - the United States, that my government had appointed a minister - to China. The omission of the court to take either of these - steps seems to indicate expectation, on its part, that I should - probably land at some port in the north." - -That is to say, at some port in the Yellow Sea, or its river nearest -to Peking. This must have been a mode of reasoning new to Governor -Ching, that an omission to provide for Mr. Cushing at the port where -foreigners were received, should imply a license for him to land -where they were not, except on express, imperial permission. Much as -Ching must have been astonished at this American logic, he must have -been still more so at the penalty announced for disregarding it! -nothing less than "national insult," and "just cause of war." For -the letter continues: - - "Besides which, your Excellency is well aware, that it is - neither the custom in China, nor consistent with the high - character of its Sovereign, to decline to receive the embassies - of friendly states. To do so, indeed, would among Western States - be considered an act of national insult, and a just cause of - war." - -This sentence, as all that relates to Mr. Cushing's Chinese mission, -is copied from his own official despatches; so that, what would be -incredible on the relation of others, becomes undeniable on his own. -National insult and just cause of war, for not allowing him to go to -Peking! - -Mr. Cushing justifies his refusal to negotiate at Canton as the -British envoy had done, and not being governed by the ceremony -observed in his case, on the ground that the circumstances were not -analogous--that Great Britain had chastised the Chinese, and taken -possession of one of their islands--and that it would be necessary -for the United States to do the same to bring him within the rules -which were observed with Sir Henry Pottinger, the British minister. -This intimation, as impertinent as unfeeling, and as offensive as -unfounded, was thus expressed: - - "In regard to the mode and place of deliberating upon all things - relative to the perpetual peace and friendship of China and the - United States, your Excellency refers to the precedent of the - late negotiations with the plenipotentiary of Great Britain. - The rules of politeness and ceremony observed by Sir Henry - Pottinger, were doubtless just and proper in the particular - circumstances of the case. But, to render them fully applicable - to the United States, it would be necessary for my government, - in the first instance, to subject the people of China to all - the calamities of war, and especially to take possession of - some island on the coast of China as a place of residence for - its minister. I cannot suppose that the imperial government - wishes the United States to do this. Certainly no such wish is - entertained at present by the United States, which, animated - with the most amicable sentiments towards China, feels assured - of being met with corresponding deportment on the part of China." - -The Brandywine during this time was still at Macao, the port outside -of the harbor, where foreign men-of-war are only allowed to come; -but Mr. Cushing, following up the course he had marked out for -himself, directed that vessel to enter the inner port, and sail up -to Whampoa; and also to require a salute of twenty-one guns to be -fired. Against this entrance the Chinese government remonstrated, as -being against the laws and customs of the empire, contrary to what -the British had done when they negotiated their treaty, and contrary -to an article in that treaty which only permitted that entrance -to a small vessel with few men and one petty officer: and if the -Brandywine had not entered, he forbids her to come; and if she had, -requires her to depart: and as for the salute, he declares he has -no means of firing it; and, besides, it was against their laws. -The governor expressed himself with animation and feeling on this -subject, at the indignity of violating their laws, and under the -pretext of paying him a compliment--for that was the only alleged -cause of the intrusive entrance of the Brandywine. He wrote: - - "But it is highly necessary that I should also remark, - concerning the man-of-war Brandywine coming up to Whampoa. The - Bogue makes an outer portal of Kwang Tung, where an admiral is - stationed to control and guard. Heretofore, the men-of-war of - foreign nations have only been allowed to cast anchor in the - seas without the mouth of the river, and have not been permitted - to enter within. This is a settled law of the land, made a long - time past. Whampoa is the place where merchant ships collect - together, not one where men-of-war can anchor. Now, since the - whole design of merchantmen is to trade, and men-of-war are - prepared to fight, if they enter the river, fright and suspicion - will easily arise among the populace, thus causing an obstacle - in the way of trade. Furthermore, the two countries are just - about deliberating upon peace and good will, and suddenly to - have a man-of-war enter the river, while we are speaking of good - faith and cultivating good feeling, has not a little the aspect - of distrust. Among the articles of the commercial regulations - it is provided, that an English government vessel shall be - allowed to remain at anchor at Whampoa, and that a deputy shall - be appointed to control the seamen. The design of this, it was - evident, was to put an end to strife, and quell disputes. But - this vessel is a small one, containing but few troops, and - moreover brings a petty officer, so that it is a matter of - but little consequence, one way or another. If your country's - man-of-war Brandywine contains five hundred and more troops, - she has also a proportionately large number of guns in her, and - brings a commodore in her; she is in truth far different from - the government vessel of the British, and it is inexpedient for - her to enter the river; and there are, in the aspect of the - affair, many things not agreeable." - -Nevertheless Mr. Cushing required the ship to enter the inner port, -to demand a return-salute of twenty-one guns, and permission to -the American commodore to make his compliments in person to the -Chinese governor. This governor then addressed a remonstrance to the -American commodore, which runs thus: - - "When your Excellency first arrived in the Central Flowery Land, - you were unacquainted with her laws and prohibitions--that - it was against the laws for men-of-war to enter the river. - Having previously received the public officer's (Cushing's) - communication, I, the acting governor, have fully and clearly - stated to him that the ship should be detained outside. Your - Excellency's present coming up to Blenheim reach is therefore, - no doubt, because the despatch sent previously to his Excellency - Cushing had not been made known to you--whence the mistake. - Respecting the salute of twenty-one guns, as it is a salute - among western nations, it does [not] tally with the customs - of China. Your Excellency being now in China, and, moreover, - entered the river, it is not the same as if you were in your own - country; and, consequently, it will be inexpedient to have the - salute performed here; also, China has no such salute as firing - twenty-one guns; and how can we imitate your country's custom - in the number, and make a corresponding ceremony in return? - It will, indeed, not be easy to act according to it. When the - English admirals Parker and Saltoun came up to Canton, they were - both in a passage vessel, not in a man-of-war, when they entered - the river; nor was there any salute. This is evidence plain on - this matter. - - "Concerning what is said regarding a personal visit to this - officer to pay respects, it is certainly indicative of good - intention; but the laws of the land direct that whenever - officers from other countries arrive upon the frontier, the - governor and other high officers, not having received his - Majesty's commands, cannot hold any private intercourse with - them; nor can a deputy, not having received a special commission - from the superior officers, have any private intercourse with - foreign functionaries. It will consequently be inexpedient that - your Excellency (whose sentiments are so polite and cordial) - and I, the acting governor, should have an interview; for it is - against the settled laws of the land." - -Having thus violated the laws and customs of China in sending -the Brandywine, Mr. Cushing follows it up with threats and -menaces--assumes the attitude of an injured and insulted minister of -peace--and, for the sake of China, regrets what may happen. In this -vein he writes: - - "It is customary, among all the nations of the West, for the - ships of war of one country to visit the ports of another in - time of peace, and, in doing so, for the commodore to exchange - salutes with the local authorities, and to pay his compliments - in person to the principal public functionary. To omit these - testimonies of good will is considered as evidence of a hostile, - or at least of an unfriendly feeling. But your Excellency says - the provincial government has no authority to exchange salutes - with Commodore Parker, or to receive a visit of ceremony from - him. And I deeply regret, for the sake of China, that such - is the fact. China will find it very difficult to remain in - peace with any of the great States of the West, so long as her - provincial governors are prohibited either to give or to receive - manifestations of that peace, in the exchange of the ordinary - courtesies of national intercourse. And I cannot forbear to - express my surprise, that, in the great and powerful province - of Kwang Tung, the presence of a single ship of war should be - cause of apprehension to the local government. Least of all, - should such apprehension be entertained in reference to any - ships of war belonging to the United States, which now feels, - and (unless ill-treatment of our public agents should produce a - change of sentiments) will continue to feel, the most hearty and - sincere good will towards China. Coming here, in behalf of my - government, to tender to China the friendship of the greatest of - the Powers of America, it is my duty, in the outset, not to omit - any of the tokens of respect customary among western nations. If - these demonstrations are not met in a correspondent manner, it - will be the misfortune of China, but it will not be the fault of - the United States." - -In these sentences China is threatened with a war with the United -States on account of her ill-treatment of the United States' -public agents, meaning himself--the ill-treatment consisting in -not permitting him to trample, without restraint, upon the laws -and customs of the country. In this sense, Ching the governor, -understood it, and answered: - - "Regarding what is said of the settled usages of western - nations--that not to receive a high commissioner from another - state is an insult to that state--this certainly, with men, - has a warlike bearing. But during the two hundred years of - commercial intercourse between China and your country, there - has not been the least animosity nor the slightest insult. It - is for harmony and good will your Excellency has come; and your - request to proceed to the capital, and to have an audience with - the Emperor, is wholly of the same good mind. If, then, in the - outset, such pressing language is used, it will destroy the - admirable relations." - -To this Mr. Cushing rejoins, following up the menace of war for -the "_ill-treatment_" he was receiving--justifying it if it -comes--reminds China of the five years' hostilities of Great Britain -upon her--points to her antiquated customs as having already brought -disasters upon her; and suggests a dismemberment of her empire as a -consequence of war with the United States, provoked by ill-treatment -of her public agents. Thus: - - "I can only assure your Excellency, that this is not the way - for China to cultivate good will and maintain peace. The late - war with England was caused by the conduct of the authorities - at Canton, in disregarding the rights of public officers who - represented the English government. If, in the face of the - experience of the last five years, the Chinese government now - reverts to antiquated customs, which have already brought such - disasters upon her, it can be regarded in no other light than as - evidence that she invites and desires [war with] the other great - western Powers. The United States would sincerely regret such a - result. We have no desire whatever to dismember the territory of - the empire. Our citizens have at all times deported themselves - here in a just and respectful manner. The position and policy - of the United States enable us to be the most disinterested and - the most valuable of the friends of China. I have flattered - myself, therefore, and cannot yet abandon the hope, that the - imperial government will see the wisdom of promptly welcoming - and of cordially responding to the amicable assurances of the - government of the United States." - -Quickly following this despatch was another, in which Mr. -Cushing rises still higher in his complaints of molestation and -ill-treatment--refers to the dissatisfaction which the American -people will experience--thought they would have done better, -having just been whipped by the British--confesses that his exalted -opinion of China is undergoing a decline--hopes they will do -better--postpones for a while his measures of redress--suspends his -resentment--and by this forbearance will feel himself the better -justified for what he may do if forced to act. But let his own words -speak: - - "I must not conceal from your Excellency the extreme - dissatisfaction and disappointment which the people of America - will experience when they learn that their Envoy, instead of - being promptly and cordially welcomed by the Chinese government, - is thus molested and delayed, on the very threshold of the - province of Yuh. The people of America have been accustomed to - consider China the most refined and the most enlightened of the - nations of the East; and they will demand, how it is possible, - if China be thus refined, she should allow herself to be wanting - in courtesy to their Envoy; and, if China be thus enlightened, - how it is possible that, having just emerged from a war with - England, and being in the daily expectation of the arrival of - the Envoy of the French, she should suffer herself to slight - and repel the good will of the United States. And the people of - America will be disposed indignantly to draw back the proffered - hand of friendship, when they learn how imperfectly the favor - is appreciated by the Chinese government. In consenting, - therefore, to postpone, for a short time longer, my departure - for the North (Peking), and in omitting, for however brief a - period, to consider the action of the Chinese government as - one of open disrespect to the United States, and to take due - measures of redress, I incur the hazard of the disapprobation - and censure of my government; for the American government is - peculiarly sensitive to any act of foreign governments injurious - to the honor of the United States. It is the custom of American - citizens to demean themselves respectfully towards the people - and authorities of any foreign nation in which they may, for - the time being, happen to reside. Your Excellency has frankly - and truly borne witness to the just and respectful deportment - which both scholars and merchants of the United States have - at all times manifested in China. But I left America as a - messenger of peace. I came into China full of sentiments of - respect and friendship towards its sovereign and its people. - And notwithstanding what has occurred, since my arrival here, - to chill the warmth of my previous good will towards China, and - to bring down the high conceptions I had previously been led - to form in regard to the courtesy of its government, I am loth - to give these up entirely, and in so doing put an end perhaps - to the existing harmonious relations between the United States - and China. I have therefore to say to your Excellency, that - I accept, for the present, your assurances of the sincerity - and friendship of the Chinese government. I suspend all the - resentment which I have just cause to feel on account of the - obstructions thrown in the way of the progress of the legation, - and other particulars of the action of the Imperial and - Provincial governments, in the hope that suitable reparation - will be made for these acts in due time. I commit myself, in - all this, to the integrity and honor of the Chinese government; - and if, in the sequel, I shall prove to have done this in vain, - I shall then consider myself the more amply justified, in the - sight of all men, for any determination which, out of regard for - the honor of the United States, it may be my duty to adopt under - such circumstances." - -It was now the middle of May, 1844: the correspondence with Ching -had commenced the last of February: the three months had nearly -elapsed, within which a return answer was to be had from Peking: -and by extraordinary speed the answer arrived. It contained the -Emperor's positive refusal to suffer Mr. Cushing to come to -Peking--enjoined him to remain where he was--cautioned him not to -"agitate disorder"--and informing him that an Imperial commissioner -would proceed immediately to Canton, travelling with the greatest -celerity, and under orders to make one hundred and thirty-three -miles a day, there to draw up the treaty with him. This information -took away the excuse for the intrusive journey, or voyage, to -Peking, and also showed that a commercial treaty might be had -with China, without inflicting upon her the calamities of war, or -breeding national dissensions out of diplomatic contentions. It made -a further suspension of his resentment, and postponement of the -measures which the honor of the United States required him to take -for the molestations and ill treatment which the federal government -had received in his person. These formidable measures, well known -to be belligerent, were postponed, not abandoned; and the visit to -Peking, forestalled by the arrival of an imperial commissioner to -sign a treaty, was also postponed, not given up--its pretext now -diminished, and reduced to the errand of delivering Mr. Tyler's -letter to the Emperor. He consents to treat at Canton, but makes -an excuse for it in the want of a steamer, and the non-arrival of -the other ships of the squadron, which would have enabled him to -approach Canton, intimidate the government, and obtain from their -fears the concessions which their manners and customs forbid. All -this he wrote himself to his government, and he is entitled to the -benefit of his own words: - - "So far as regards the objects of adjusting in a proper manner - the commercial relations of the United States and China, nothing - could be more advantageous than to negotiate with Tsiyeng at - Canton, instead of running the risk of compromising this great - object by having it mixed up at Tien Tsin, or elsewhere at the - north, with questions of reception at Court. Add to which the - fact that, with the Brandywine alone, without any steamer, and - without even the St. Louis and the Perry, it would be idle to - repair to the neighborhood of the Pih-ho, in any expectation - of acting upon the Chinese by intimidation, and obtaining from - their fears concessions contrary to the feeling and settled - wishes of the Imperial government. To remain here, therefore, - and meet Tsiyeng, if not the most desirable thing, is at present - the only possible thing. It is understood that Tsiyeng will - reach Canton from the 5th to the 10th of June." - -This commissioner, Tsiyeng, arrived at the time appointed, and -fortunately for the peace and honor of the country, as the St. Louis -sloop-of-war, and the man-of-war brig Perry, arrived two days after, -and put Mr. Cushing in possession of the force necessary to carry -out his designs upon China. In the joy of receiving this accession -to his force, he thus writes home to his government: - - "It is with great pleasure I inform you that the St. Louis - arrived here on the 6th instant, under the command of Lieutenant - Keith, Captain Cocke (for what cause I know not, and cannot - conceive), after detaining the ship at the Cape of Good Hope - three months, having at length relinquished the command to Mr. - Keith. And on the same day arrived also the Perry, commanded by - Lieutenant Tilton. The arrival of these vessels relieves me from - a load of solicitude in regard to the public business; for if - matters do not go smoothly with Tsiyeng, the legation has now - the means of proceeding to and acting at the North." - -"If matters do not go smoothly with Tsiyeng!" and the very first -step of Mr. Cushing was an attempt to ruffle that smoothness. -The Chinese commissioner announced his arrival at Canton, and -made known his readiness to draw up the treaty instantly. In this -communication, the name of the United States, as according to -Chinese custom with all foreign nations, was written in a lower -column than that of the Chinese government--in the language of -Mr. Cushing, "the name of the Chinese government stood higher in -column by one character than that of the United States." At this -collocation of the name of his country, Mr. Cushing took fire, and -instantly returned the communication to the Imperial commissioner, -"even at the hazard (as he informed his government) of at once -cutting off all negotiation." Fortunately Tsiyeng was a man of -sense, and of elevation of character, and immediately directed his -clerk to elevate the name of the United States to the level of the -column which contained that of China. By this condescension on the -part of the Chinese commissioner, the negotiation was saved for -the time, and the cannon and ammunition of our three ships of war -prevented from being substituted for goose-quills and ink. The -commissioner showed the greatest readiness, amounting to impatience, -to draw up and execute the treaty; which was done in as little -time as the forms could be gone through: and the next day the -commissioner, taking his formal leave of the American legation, -departed for Peking--a hint that, the business being finished, Mr. -Cushing might depart also for his home. But he was not in such a -hurry to return. "His pride and his feelings (to use his own words) -had been mortified" at not being permitted to go to Peking--at -being in fact stopped at a little island off the coast, where he -had to transact all his business; and his mind still reverted to -the cherished idea of going to Peking, though his business would -be now limited to the errand of carrying Mr. Tyler's letter to the -Emperor. In his despatch, immediately after the conclusion of this -treaty, he justifies himself for not having gone before the Chinese -commissioner arrived, placing the blame on the slow arrival of the -St. Louis and the Perry, the non-arrival at all of the Pacific -squadron, and the want of a steamer. - - "With these reflections present to my mind, it only needed to - consider further whether I should endeavor to force my way to - Peking, or at least, by demonstration of force at the mouth of - the Pih-ho, attempt to intimidate the Imperial government into - conceding to me free access to the Court. In regard to this it - is to be observed, that owing to the extraordinary delays of the - St. Louis on her way here, I had no means of making any serious - demonstration of force at the north, prior to the time when - Tsiyeng arrived at Canton, on his way to Macao, there to meet - me and negotiate a treaty. And with an Imperial commissioner - near at hand, ready and willing to treat, would it have been - expedient, or even justifiable, to enter upon acts of hostility - with China, in order, if possible, to make Peking the place of - negotiation?" - -The correspondence does not show what was the opinion of the then -administration upon this problem of commencing hostilities upon -China after the commissioner had arrived to make the treaty; and -especially to commit these hostilities to force a negotiation at -Peking, where no treaty with any power had ever been negotiated, -and where he expected serious difficulties in his presentation at -court, as Mr. Cushing was determined not to make the prostrations -(i. e. bumping his head nineteen times against the floor), which the -Chinese ceremonial required. - - "I have never disguised from myself the serious difficulties - which I might have to encounter in forcing my way to Peking; - and, if voluntarily admitted there, the difficulties almost - equally serious connected with the question of presentation at - court; for I had firmly resolved not to perform the acts of - prostration to the Emperor. I struggled with the objections - until intelligence was officially communicated to me of the - appointment of Tsiyeng as imperial commissioner, and of his - being actually on his way to Canton. To have left Macao after - receiving this intelligence would have subjected me to the - imputation of fleeing from, and, as it were, evading a meeting - with Tsiyeng; and such an imputation would have constituted a - serious difficulty (if not an insuperable one) in the way of - successful negotiation at the North." - -The despatch continues: - - "On the other hand, I did not well see how the United States - could make war on China to change the ceremonial of the court. - And for this reason, it had always been with me an object of - great solicitude to dispose of all the commercial questions by - treaty, before venturing on Peking." - -"Did not well see how the United States could make war on China to -change the ceremonial of the court." This is very cool language, -and implies that Mr. Cushing was ready to make the war--(assuming -himself to be the United States, and invested with the war -power)--but could not well discover any pretext on which to found -it. He then excuses himself for not having done better, and gone -on to Peking without stopping at the outer port of Canton, and so -giving the Chinese time to send down a negotiator there, and so -cutting off the best pretext for forcing the way to China: and this -excuse resolves itself into the one so often given--the want of a -sufficient squadron to force the way. Thus: - - "If it should be suggested that it would have been better for - me to have proceeded at once to the North (Peking), without - stopping at Macao, I reply, that this was impracticable at - the time of my arrival, with the Brandywine alone, before the - southerly monsoon had set in, and without any steamer; that if - at any time I had gone to the North in the view of negotiating - there, I should have been wholly dependent on the Chinese for - the means of lodging and subsisting on shore, and even for the - means of landing at the mouth of the Pih-ho; that only at Macao - could I treat independently, and that here, of necessity, must - all the pecuniary and other arrangements of the mission be - made, and the supplies obtained for the squadron. Such are the - considerations and the circumstances which induced me to consent - to forego proceeding to Peking." - -So that, after all, it was only the fear of being whipt and starved -that prevented Mr. Cushing from fighting his way to the foot-stool -of power in the Tartar half of the Chinese Empire. The delay of -the two smaller vessels, the non-arrival of the Pacific squadron, -and the want of a steamer, were fortunate accidents for the peace -and honor of the United States; and even the conflagration of the -magnificent steam frigate, Missouri, with all her equipments, was -a blessing, compared to the use to which she would have been put -if Mr. Cushing's desire to see the coasts of the Mediterranean and -the banks of the Nile had not induced him to take her to Gibraltar, -instead of doubling the Cape of Good Hope in company with the -Brandywine. Finally, he gives the reason for all this craving desire -to get to Peking, which was nothing more nor less (and less it could -not be) than the gratification of his own feelings of pride and -curiosity. Hear him: - - "And in regard to Peking itself, I have obtained the means of - direct correspondence between the two governments immediately, - and an express engagement, that if hereafter a minister of the - French, or any other power, should be admitted to the court, the - same privilege shall be accorded to the United States. If the - conclusion of the whole matter be one less agreeable to my own - feelings of pride or curiosity, it is, at any rate, the most - important and useful to my country, and will therefore, I trust, - prove satisfactory to the President." - -It does not appear from any published instructions of the -administration (then consisting of Mr. Tyler and his new cabinet -after the resignation of all the whig members except Mr. Webster), -how far Mr. Cushing was warranted in his belligerent designs upon -China; but the great naval force which was assigned to him, the -frankness with which he communicated all his bellicose intentions, -the excuses which he made for not having proceeded to hostilities -and the dismemberment of the Empire, and the encomiums with -which his treaty was communicated to the Senate--all bespeak a -consciousness of approbation on the part of the administration, -and the existence of an expectation which might experience -disappointment in his failing to make war upon the Chinese. In -justice to Mr. Webster, it must be told that, although still in the -cabinet when Mr. Cushing went to China, yet his day of influence was -over: he was then in the process of being forced to resign: and Mr. -Upshur, then Secretary of the Navy, was then virtually, as he was -afterwards actually, Secretary of State, when the negotiations were -carried on. - -The publication of Mr. Cushing's correspondence, which was ordered -by the Senate, excited astonishment, and attracted the general -reprobation of the country. Their contents were revolting, and would -have been incredible except for his own revelations. Narrated by -himself they coerced belief, and bespoke an organization void of the -moral sense, and without the knowledge that any body else possessed -it. The conduct of the negotiator was condemned, his treaty was -ratified, and the proceedings on his nomination remain a senatorial -secret--the injunction of secrecy having never been removed from -them. - - - - -CHAPTER CXXIII. - -THE ALLEGED MUTINY, AND THE EXECUTIONS (AS THEY WERE CALLED) ON -BOARD THE UNITED STATES MAN-OF-WAR, SOMERS. - - -In the beginning of this year the public mind was suddenly astounded -and horrified, at the news of a mutiny on board a national -ship-of-war, with a view to convert it into a pirate, and at the -same time excited to admiration and gratitude at the terrible energy -with which the commander of the ship had suppressed it--hanging -three of the ringleaders on the spot without trial, bringing home -twelve others in irons--and restraining the rest by the undaunted -front which the officers assumed, and the complete readiness in -which they held themselves to face a revolt. It was a season of -profound peace, and the astounding news was like claps of thunder in -a clear sky. It was an unprecedented event in our navy, where it had -been the pride and glory of the seamen to stand by their captain and -their ship to the last man, and to die exultingly to save either. -Unlike almost all mutinies, it was not a revolt against oppression, -real or imagined, and limited to the seizure of the ship and the -death or expulsion of the officers, but a vast scheme of maritime -depredation, in which the man-of-war, converted into a piratical -cruiser, was to roam the seas in quest of blood and plunder, preying -upon the commerce of all nations--robbing property, slaughtering -men, and violating women. A son of a cabinet minister, and himself -an officer, was at the head of the appalling design; and his name -and rank lent it a new aspect of danger. Every aggravation seemed -to attend it, and the horrifying intelligence came out in a way to -magnify its terrors, and to startle the imagination as well as to -overpower the judgment. The vessel was the bearer of her own news, -and arriving on the coast, took a reserve and mystery which lent -a terrific force to what leaked out. She stopped off the harbor -of New York, and remained outside two days, severely interdicting -all communication with the shore. A simple notice of her return -was all that was made public. An officer from the vessel, related -to the commander, proceeded to Washington city--giving out fearful -intimations as he went along--and bearing a sealed report to the -Secretary of the Navy. The contents of that report went direct into -the government official paper, and thence flew resounding through -the land. It was the official and authentic report of the fearful -mutiny. The news being spread from the official source, and the -public mind prepared for his reception, the commander brought his -vessel into port--landed: and landed in such a way as to increase -the awe and terror inspired by his narrative. He went direct, in -solemn procession, at the head of his crew to the nearest church, -and returned thanks to God for a great deliverance. Taken by -surprise, the public mind delivered itself up to joy and gratitude -for a marvellous escape, applauding the energy which had saved -a national ship from mutiny, and the commerce of nations from -piratical depredation. The current was all on one side. Nothing -appeared to weaken its force, or stop its course. The dead who had -been hanged, and sent to the bottom of the sea, could send up no -voice: the twelve ironed prisoners on the deck of the vessel, were -silent as the dead: the officers and men at large actors in what had -taken place, could only confirm the commander's official report. -That report, not one word of which would be heard in a court of -justice, was received as full evidence at the great tribunal of -public opinion. The reported confessions which it contained (though -the weakest of all testimony in the eye of the law, and utterly -repulsed when obtained by force, terror or seduction), were received -by the masses as incontestable evidence of guilt. - -The vessel on which all this took place was the United States -man-of-war, Somers--her commander Alexander Slidell Mackenzie, Esq., -with a crew of 120 all told, 96 of which were apprentice boys under -age. She had gone out on one of those holiday excursions which are -now the resource of schools to make seamen. She had crossed the -Atlantic and was returning to the United States by way of the West -Indies, when this fearful mutiny was discovered. It was communicated -by the purser's steward to the purser--by him to the first -lieutenant--by him to the commander: and the incredulous manner in -which he received it is established by two competent witnesses--the -lieutenant who gave it to him, and the commander himself: and it is -due to each to give the account of this reception in his own words: -and first the lieutenant shall speak: - - "I reported the thing (the intended mutiny) to the commander - immediately. He took it very coolly, said the vessel was in a - good state of discipline, and expressed his doubts as to the - truth of the report." - -This is the testimony of the lieutenant before the court-martial -which afterwards sat upon the case, and two points are to be -noted in it--_first_, that the commander did not believe it; and, -_secondly_, that he declared the vessel to be in a good state of -discipline: which was equivalent to saying, there was no danger, -even if the information was true. Now for the commander's account of -the same scene, taken from his official report: - - "Such was the purport of the information laid before me by - Lieut. Gansevoort, and although he was evidently impressed with - the reality of the project, yet it seemed to me so monstrous, so - improbable, that I could not forbear treating it with ridicule. - I was under the impression that Mr. Spencer had been reading - piratical stories, and had amused himself with Mr. Wales"--(the - informer). - -Ridicule was the only answer which the commander deemed due to the -information, and in that he was justified by the nature of the -information itself. A purser's steward (his name Wales) had told the -lieutenant that midshipman Spencer had called him into a safe place -the night before, and asked him right off--"Do you fear death? do -you fear a dead man? are you afraid to kill a man?"--and getting -satisfactory answers to these questions, he immediately unfolded to -him his plan of capturing the ship, with a list of four certain and -ten doubtful associates, and eighteen _nolens volens_ assistants to -be forced into the business; and then roaming the sea with her as a -pirate, first calling at the Isle of Pines (Cuba) for confederates. -It was a ridiculous scheme, both as to the force which was to take -the ship, and her employment as a buccaneer--the state of the ocean -and of navigation being such at that time as to leave a sea-rover, -pursued as he would be by the fleets of all nations, without a sea -to sail in, without a coast to land on, without a rock or corner -to hide in. The whole conception was an impossibility, and the -abruptness of its communication to Wales was evidence of the design -to joke him. As such it appeared to the commander at the time. It -was at 10 o'clock in the morning of the 26th of November, 1842, -approaching the West Indies from the coast of Africa, that this -information was given by the lieutenant to the commander. Both agree -in their account of the ridicule with which it was received; but -the commander, after the deaths of the implicated, and when making -out his official report to the Secretary of the Navy, forgot to add -what he said to the lieutenant--that the vessel was in a good state -of discipline--equivalent to saying it could not be taken. Further, -he not only forgot to add what he said, but remembered to say the -contrary: and on his trial undertook to prove that the state of the -ship was bad, and had been so for weeks; and even since they left -the coast of Africa. In this omission to report to the Secretary -a fact so material, as he had remarked it to his lieutenant, and -afterwards proving the contrary on his trial, there is room for a -pregnant reflection which will suggest itself to every thinking -mind--still more when the silence of the log-book upon this "bad" -state of the crew, corresponds with the commander's account that it -was good. But, take the two accounts in what they agree, and it is -seen that at 10 o'clock in the morning Lieutenant Gansevoort's whole -report of the conspiracy and mutiny, as derived from the purser's -steward (Wales) was received with ridicule--as the romance of a boy -who had been reading piratical stories, and was amusing himself with -the steward--a landsman, of whom the commander gives a bad account -as having bought a double quantity of brandy--twice as much as his -orders justified, before leaving New York;--and afterwards stealing -it on the voyage. By five o'clock in the evening of the same day, -and without hearing any thing additional, the commander became fully -impressed with the truth of the whole story, awfully impressed -with the danger of the vessel, and fully resolved upon a course of -terrible energy to prevent the success of the impending mutiny. Of -this great and sudden change in his convictions it becomes the right -of the commander to give his own account of its inducing causes: and -here they are, taken from his official report: - - "In the course of the day, Lieut. Gansevoort informed me that - Mr. Spencer had been in the wardroom examining a chart of the - West Indies, and had asked the assistant surgeon some questions - about the Isle of Pines, and the latter had informed him that it - was a place much frequented by pirates, and drily asked if he - had any acquaintances there.--He passed the day rather sullenly - in one corner of the steerage, as was his usual custom, engaged - in examining a small piece of paper, and writing upon it with - his pencil, and occasionally finding relaxation in working with - a penknife at the tail of a devilfish, one of which he had - formed into a sliding ring for his cravat. Lieut. Gansevoort - also made an excuse of duty to follow him to the foretop, where - he found him engaged in having some love device tattooed on - his arm by Benjamin F. Green, ordinary seaman, and apprentice. - Lieut. Gansevoort also learned that he had been endeavoring for - some days to ascertain the rate of the chronometer, by applying - to Mid. Rodgers, to whom it was unknown, and who referred him to - the master. He had been seen in secret and nightly conferences - with the boatswain's mate, S. Cromwell, and seaman Elisha - Small. I also heard that he had given money to several of the - crew; to Elisha Small on the twelfth of September, the day - before our departure from New York; the same day on which, in - reply to Commodore Perry's injunctions to reformation, he had - made the most solemn promises of amendment; to Samuel Cromwell - on the passage to Madeira; that he had been in the habit of - distributing tobacco extensively among the apprentices, in - defiance of the orders of the navy department, and of my own - often reiterated; that he had corrupted the ward-room steward, - caused him to steal brandy from the ward-room mess, which he, - Mr. Spencer, had drunk himself, occasionally getting drunk when - removed from observation, and had also administered to several - of the crew; that, finally, he was in the habit of amusing - the crew by making music with his jaw. He had the faculty of - throwing his jaw out of joint, and by contact of the bones, - playing with accuracy and elegance a variety of airs. Servile - in his intercourse with me, when among the crew he loaded me - with blasphemous vituperation, and proclaimed that it would be - a pleasing task to roll me overboard off the round-house. He - had some time before drawn a brig with a black flag, and asked - one of the midshipmen what he thought of it; he had repeatedly - asserted in the early part of the cruise, that the brig might - easily be taken; he had quite recently examined the hand of - midshipman Rodgers, told his fortune, and predicted for him a - speedy and violent death." - -Surely the historian, as well as the poet may say: To the jealous -mind, trifles light as air are confirmations strong as proofs -from holy writ. Here are fourteen causes of suspected mutiny -enumerated, part of which causes are eminently meritorious in a -young naval officer, as those of studying the chart of the West -Indies (whither the vessel was going), and that of learning the -rate of the chronometer; another part of which is insignificant, as -giving tobacco to the apprentice boys, and giving money to two of -the seamen; others again would show a different passion from that -of piracy, as having love devices tattooed on his arm; others again -would bespeak the lassitude of idleness, as whittling at the tail -of a devilfish, and making a ring for his cravat, and drawing a -brig with a black flag; others again would indicate playfulness and -humor, as examining the palm of young Rodgers' hand, and telling his -fortune, which fortune, of course, was to be startling, as a sudden -and violent death, albeit this young Rodgers was his favorite, and -the only one he asked to see when he was about to be hung up--(a -favor which was denied him); others again are contradicted by -previous statements, as, that Spencer corrupted the purser's steward -and made him steal brandy, the commander having before reported that -steward for the offence of purchasing a double quantity of brandy -before he left New York--a circumstance which implied a sufficient -inclination to use the extra supply he had laid in (of which he -had the custody), without being corrupted by Spencer to steal -it; others of these causes again were natural, and incidental to -Spencer's social condition in the vessel, as that of talking with -the seamen, he being objected to by his four roommates (who were the -commander's relations and connections), and considered one too many -in their room, and as such attempted to be removed to another ship -by the commander himself; another, that occasionally he got drunk -when removed from observation, a fault rather too common (even when -in the presence of observation) to stand for evidence of a design -to commit mutiny on board a man-of-war; another, that blasphemous -vituperation of the commander which, although it might be abusive, -could neither be blasphemous (which only applies to the abuse of -God), nor a sign of a design upon the vessel, but only of contempt -for the commander; finally, as in that marvellous fine music with -the jaw out of joint, playing with skill and accuracy a variety of -elegant airs by the contaction of the luxated ends of the bones. -Taken as true, and this musical habit might indicate an innocency -of disposition. But it is ridiculously false, and impossible, and -as such ridiculous impossibility it was spared the mention even -of contempt during the whole court-martial proceedings. Still it -was one of the facts gravely communicated to the Secretary of the -Navy as one of the means used by Spencer to seduce the crew. While -ridicule, contempt and scorn are the only proper replies to such -absurd presumptions of guilt, there were two of them presented in -such a way as to admit of an inquiry into their truth, namely, the -fortune-telling and the chronometer: Midshipman Rodgers testified -before the court that this fortune-telling was a steerage amusement, -and that he was to die, not only suddenly and violently, but also -a gambler; and that as for the examination of the chronometer, it -was with a view to a bet between himself and Rodgers as to the time -that the vessel would get to St. Thomas--the bet on Spencer's -side, being on eight days. Yet, the diseased mind of the commander -could see nothing in those little incidents, but proof of a design -to kill Rodgers (with the rest) before the ship got to St. Thomas, -and afterwards to run to the Isle of Pines. Preposterous as these -fourteen reasons were, they were conclusive with the commander, who -forthwith acted upon them, and made the arrest of Spencer. - - "At evening quarters I ordered through my clerk, O. H. Perry, - doing the duty also of midshipman and aid, all the officers to - lay aft on the quarter deck, excepting the midshipman stationed - on the forecastle. The master was ordered to take the wheel, - and those of the crew stationed abaft sent to the mainmast. - I approached Mr. Spencer, and said to him, 'I learn, Mr. - Spencer, that you aspire to the command of the Somers.' With - a deferential, but unmoved and gently smiling expression, he - replied, 'Oh no, sir.' 'Did you not tell Mr. Wales, sir, that - you had a project to kill the commander, the officers, and a - considerable portion of the crew of this vessel, and to convert - her into a pirate?' 'I may have told him so, sir, but it was in - a joke.' 'You admit then that you told him so?' 'Yes, sir, but - in joke!' 'This, sir, is joking on a forbidden subject--this - joke may cost you your life!'" - -This was the answer of innocence: guilt would have denied every -thing. Here all the words are admitted, with a promptitude and -frankness that shows they were felt to be what they purported--the -mere admission of a joke. The captain's reply shows that the life -of the young man was already determined upon. It was certainly -a punishable joke--a joke upon a forbidden subject: but how -punishable? certainly among the minor offences in the navy, offences -prejudicial to discipline; and to be expiated by arrest, trial, -condemnation for breach of discipline, and sentence to reprimand, -suspension; or some such punishment for inconsiderate offences. But, -no. The commander replies upon the spot, '_this joke may cost you -your life_:' and in that he was prophetic, being the fulfiller of -his own prophecy. The informer Wales had reported a criminal paper -to be in the neckcloth of the young man: the next movement of the -commander was to get possession of that paper: and of that attempt -he gives this account: - - "'Be pleased to remove your neckhandkerchief.' It was removed - and opened, but nothing was found in it. I asked him what he had - done with a paper containing an account of his project which - he had told Mr. Wales was in the back of his neckhandkerchief. - 'It is a paper containing my day's work; and I have destroyed - it.' 'It is a singular place to keep day's work in.' 'It is - a convenient one,' he replied, with an air of deference and - blandness." - -Balked in finding this confirmation of guilt, the commander yet -proceeded with his design, and thus describes the arrest: - - "I said to him, 'You must have been aware that you could - only have compassed your designs by passing over my dead - body, and after that the bodies of all the officers. You had - given yourself a great deal to do. It will be necessary for - me to confine you.' I turned to Lieutenant Gansevoort and - said, 'Arrest Mr. Spencer, and put him in double irons.' Mr. - Gansevoort stepped forward, and took his sword; he was ordered - to sit down in the stern port, double ironed, and as an - additional security handcuffed. I directed Lieut. Gansevoort - to watch over his security, to order him to be put to instant - death if he was detected speaking to, or holding intelligence - in any way, with any of the crew. He was himself made aware of - the nature of these orders. I also directed Lieut. Gansevoort to - see that he had every comfort which his safe keeping would admit - of. In confiding this task to Lieut. Gansevoort, his kindness - and humanity gave me the assurance that it would be zealously - attended to; and throughout the period of Mr. Spencer's - confinement, Lieut. Gansevoort, whilst watching his person with - an eagle eye, and ready at any moment to take his life should he - forfeit that condition of silence on which his safety depended, - attended to all his wants, covered him with his own grego when - squalls of rain were passing over, and ministered in every way - to his comfort with the tenderness of a woman." - -Double-ironed--handcuffed--bagged (for he was also tied up in -a bag), lying under the sun in a tropical clime, and drenched -with squalls of rain--silent--instant death for a word or a -sign--Lieutenant Gansevoort, armed to the teeth, standing over -him, and watching, with "eagle eye," for the sound or motion which -was to be the forfeit of life: for six days and nights, his irons -examined every half hour to see that all were tight and safe, was -this boy (of less than nineteen) thus confined; only to be roused -from it in a way that will be told. But the lieutenant could not -stand to his arduous watch during the whole of that time. His eagle -eye could not resist winking and shutting during all that time. He -needed relief--and had it--and in the person of one who showed -that he had a stomach for the business--Wales, the informer: who, -finding himself elevated from the care of pea-jackets, molasses, -and tobacco, to the rank of sentinel over a United States officer, -improved upon the lessons which his superiors had taught him, and -stood ready, a cocked revolver in hand, to shoot, not only the -prisoners (for by this time there were three), for a thoughtless -word or motion, but also to shoot any of the crew that should make a -suspicious sign:--such as putting the hand to the chin, or touching -a handspike within forty feet of the said Mr. Wales. Hear him, as he -swears before the court-martial: - - "I was officer in charge of the prisoners: we were holy-stoning - the decks. I noticed those men who missed their muster kept - congregating round the stern of the launch, and kept talking in - a secret manner. I noticed them making signs to the prisoners - by putting their hands up to their chins: Cromwell was lying on - the starboard arm-chest: he rose up in his bed. I told him if - I saw any more _signs_ passing between them _I should put him - to death: my orders were to that effect_. He laid down in his - bed. I then went to the stern of the launch, found Wilson, and a - number of small holy-stones collected there, and was endeavoring - to pull a gun handspike from the stern of the launch: _what his - intentions were I don't know_. I cocked a pistol, and ordered - him to the lee-gangway to draw water. I told him if I saw him - pulling at the handspike I should blow his brains out." - -This comes from Mr. Wales himself, not from the commander's report, -where this handspike-incident is made to play a great part; thus: - - "Several times during the night there were symptoms of an - intention to strike some blow. Mr. Wales detected Charles A. - Wilson attempting to draw out a handspike from under the launch, - with an evident purpose of felling him; and when Mr. Wales - cocked his pistol and approached, he could only offer some lame - excuse for his presence there. I felt more anxious than I had - yet done, and remained continually on deck." - -Here is a discrepancy. Wales swears before the court that he did not -know what Wilson's intentions were in pulling at the handspike: the -captain, who did not see the pulling, reports to the Secretary of -the Navy that it was done with the evident intent of felling Wales! -while Wales himself, before the court-martial, not only testified -to his ignorance of any motive for that act, but admitted upon -cross-examination, that the handspike was not drawn at all--only -attempted! and that he himself was forty feet from Wilson at the -time! (but, more of this handspike hereafter.) Still the impression -upon the commander's mind was awful. He felt more anxious than ever: -he could not rest: he kept continually on deck. Armed to the teeth -he watched, listened, interrogated, and patrolled incessantly. -Surely the man's crazy terrors would excite compassion were it not -for the deeds he committed under their influence.--But the paper -that was to have been found in Spencer's cravat, and was not found -there: it was found elsewhere, and the commander in his report gives -this account of it: - - "On searching the locker of Mr. Spencer, a small razor-case was - found, which he had recently drawn, with a razor in it, from the - purser. Instead of the razor, the case was found to contain a - small paper, rolled in another; on the inner one were strange - characters, which proved to be Greek, with which Mr. Spencer - was familiar. It fortunately happened that there was another - midshipman on board the Somers who knew Greek--one whose Greek, - and every thing else that he possessed, was wholly devoted to - his country. The Greek characters, converted by midshipman Henry - Rodgers into our own, exhibited well known names among the crew. - The certain--the doubtful--those who were to be kept whether - they would or not--arranged in separate rows; those who were to - do the work of murder in the various apartments, to take the - wheel, to open the arm-chests." - -The paper had about thirty names upon it: four under the head of -"certain:" ten under that of doubtful, and the remainder under -the head of _nolens volens_--which was construed by the Latinists -on board to signify men who were to be made to join in the mutiny -whether they would or not: and these _nolens volens_ who were to -be forced were more numerous than those who were to force them. -Eighteen unwilling men to be forced into mutiny and piracy by four -willing and ten uncertain; and of the four willing, one of them the -informer himself! and another not in the ship! and a third Spencer! -leaving but one under Spencer to do the work. The names of all were -spelt with the Greek alphabet. Of course these _nolens volens_ men -could not have been counted in any way among the mutineers; yet -they were always counted to make up the thirty, as, of less than -that number it would not have been seemly for a man-of-war to have -been afraid; yet some of these were brought home in irons. The ten -marked doubtful should not have been held to be guilty upon any -principle of human justice--the humanity of the law always giving -the benefit of the doubt to the suspected criminal. This brings the -inquiry to the four "certain:" and of these four, it turned out that -one of them (Andrews) was a personage not in the vessel! Another -was the veritable Mr. Wales himself! who was the informer, and the -most determined opposer of the mutiny--leaving but two (Spencer and -McKinley) to do the work of murder in the various departments: and -of this McKinley it will eventually be seen with what justice his -name was there. The names of Small and Cromwell, both of whom were -hung with Spencer, were neither of them in this certain list--nor -that of Cromwell in any: in fact, there was nothing against him, -and Small was only included in Wales's information. So that the -"certain" mutineers were reduced to two, both of whom were in irons, -and bagged, and five others out of the doubtful and _nolens volens_ -classes. There was no evidence to show that this was Spencer's -razor-case: it was new, and like the rest obtained from the purser. -There was no evidence how it got into Spencer's locker: Wales and -Gansevoort were the finders. There was no evidence that a single -man whose name was in the list, knew it to be there. Justice would -have required these points to have been proven; but with respect to -the writing upon this paper it was readily avowed by Spencer to be -his--an avowal accompanied by a declaration of its joking character, -which the law would require to go with it always, but which was -disregarded. - -Small and Cromwell were not arrested with Spencer, but afterwards, -and not upon accusations, but upon their looks and attitudes, and -accident to the sky-sail-mast, which will be noted at the proper -time. The first point is to show the arrestation upon looks and -motions; and of that the commander gave this account in the official -report: - - "The following day being Sunday, the crew were inspected - at quarters, ten o'clock. I took my station abaft with the - intention of particularly observing Cromwell and Small. The - third, or master's division, to which they both belonged, always - mustered at morning quarters upon the after part of the quarter - deck, in continuation of the line formed by the crews of the - guns. The persons of both were faultlessly clean. They were - determined that their appearance in this respect should provoke - no reproof. Cromwell stood up to his full stature, his muscles - braced, his battle-axe grasped resolutely, his cheek pale, but - his eye fixed as if indifferently at the other side. He had - a determined and dangerous air. Small made a very different - figure. His appearance was ghastly; he shifted his weight from - side to side, and his battle-axe passed from one hand to the - other; his eye wandered irresolutely, but never towards mine. I - attributed his conduct to fear; I have since been led to believe - that the business upon which he had entered was repugnant to his - nature, though the love of money and of rum had been too strong - for his fidelity." - -Here were two men adjudged guilty of mutiny and piracy upon their -looks, and attitude, and these diametrically opposed in each case. -One had a dangerous air--the other a ghastly air. One looked -resolute--the other irresolute. One held his battle-axe firmly -griped--the other shifted his from hand to hand. One stood up -steadily on both legs--the other shifted his weight uneasily from -leg to leg. In one point only did they agree--in that of faultless -cleanliness: a coincidence which the commander's judgment converted -into evidence of guilt, as being proof of a determination that, so -far as clean clothes went, there should be no cause for judging them -pirates: a conclusion to the benefit of which the whole crew would -be entitled, as they were proved on the court-martial to be all -"faultlessly clean" at this Sunday inspection--as they always were -at such inspection--as the regulations required them to be--and for -a fault in which any one of them would have been punished. Yet upon -these looks, and attitudes, suspicions were excited, which, added -to the incident of a mast broken by the blundering order of the -commander's nephew, caused the arrest and death of two citizens. - -After the crew had been inspected, divine service was performed, the -crew attending before the time, and behaving well; and the commander -again availed himself of the occasion to examine the countenances -of the men; and, happily, without finding any thing to give him -distrust. He thus describes the scene: - - "After quarters the church was rigged. The crew mustered up with - their prayer-books, and took their seats without waiting for - all hands to be called, and considerably before five bells, - or half-past ten--the usual time of divine service. The first - lieutenant reported all ready, and asked me if he should call - all hands to muster. I told him to wait for the accustomed - hour. Five bells were at length struck, and all hands called to - muster. The crew were unusually attentive, and the responses - more than commonly audible. The muster succeeded, and I examined - very carefully the countenances of the crew, without discovering - any thing that gave me distrust." - -This Sunday then (Nov. 27th) being the first Sunday, and the first -day after the arrest of Spencer, had passed half by without any -thing discoverable to excite distrust, except the cleanliness, -the looks, and the attitudes of Small and Cromwell at the morning -inspection. At the second ordeal, that of the church service, the -whole crew came out well, and all seemed to be safe and right up to -this time--being twenty-four hours after the arrest of Spencer--the -event which was expected to rouse his accomplices to some outbreak -for his rescue. But that critical day was not destined to pass -away without an event which confirmed all the suspicions of the -commander, and even indicated the particular criminals. Before the -sun had gone down, this event occurred; and as it became the turning -point in the case, and the point of departure in the subsequent -tragic work, the commander shall have the benefit of telling it -himself: - - "In the afternoon, the wind having moderated, skysails and - royal studding-sails were set. In going large I had always been - very particular to have no strain upon the light braces leading - forward, as the tendency of such a strain was to carry away the - light yards and masts. Whilst Ward M. Gagely, one of the best - and most skilful of our apprentices, was yet on the main royal - yard, after setting the main skysail, a sudden jerk of the - weather main royal brace given by Small and another, whose name - I have not discovered, carried the topgallant-mast away in the - sheeve hole, sending forward the royal mast with royal skysail, - royal studding sail, main-topgallant staysail, and the head - of the gaff topsail. Gagely was on the royal yard. I scarcely - dared to look on the booms or in the larboard gangways where he - should have fallen. For a minute I was in intense agony: in the - next I saw the shadow of the boy through the topgallant sail, - rising rapidly towards the topgallant yard, which still remained - at the mast head. Presently he rose to view, descended on the - after side to the topgallant-mast cap, and began to examine with - coolness to see what was first to be done to clear the wreck. - I did not dream at the time that the carrying away of this mast - was the work of treachery--but I knew that it was an occasion - of this sort, the loss of a boy overboard, or an accident to - a spar, creating confusion and interrupting the regularity - of duty, which was likely to be taken advantage of by the - conspirators were they still bent on the prosecution of their - enterprise." - -The commander did not dream at the time of treachery: did not -dream of it when he saw the mast fall: and well he might not, -for he had given the order himself to set the skysails, the ship -running "large" at the time, _i. e._ with a favorable wind, and -when a slight press of sail might carry away the elevated, light, -and unsupported mast which carried the skysail. He did not dream -of treachery when he saw it fall under an order which himself had -given: but quickly he had that dream, and he must tell himself how -it came to him; thus: - - "To my astonishment, all those who were most conspicuously - named in the programme of Mr. Spencer, no matter in what - part of the vessel they might be stationed, mustered at the - main-top masthead--whether animated by some new-born zeal in the - service of their country, or collected there for the purpose of - conspiring, it was not easy to decide. The coincidence confirmed - the existence of a dangerous conspiracy, suspended, yet perhaps - not abandoned." - -This is the way the dream began, in astonishment at seeing all those -most conspicuously nominated in the razor-case paper, rush to the -scene of the disaster. Now, for the misfortune of this paragraph, it -came to be proved before the court-martial, and after the men were -dead, that the majority of those who ran forward were not named in -the paper at all! and especially that one of the two was not upon -it who were presently seized as guilty, and whose haste to perform -a duty was the passport to death. The crew ran to the place. This -would seem to be the most natural conduct imaginable. They ran to -the place where the mast and boy were expected to fall. They flew -to the place at which the commander, in his intense agony, did not -dare to look. This haste to such a place was proof of guilt, take -it either way, either as animated by some new-born zeal to hide -past defection, or to collect for a conspiracy. The commander finds -it hard to decide between these two purposes; but take which he -might, it was confirmation of a dangerous conspiracy, and of its -suspension, not abandonment. The sudden running to the place was the -proof of the conspiracy: the jerk which Small, and another whose -name has never yet been discovered, gave to the weather main royal -brace, pointed out the two eminently guilty. What put the seal upon -the confirmation of all this guilt was the strange and stealthy -glances which Spencer, in his irons, and his head then out of the -bag (for the heads were left out in the day time) cast at it. Hear -him: - - "The eye of Mr. Spencer travelled perpetually to the masthead, - and cast thither many of those strange and stealthy glances - which I had before noticed." - -The commander nowhere tells when and how he had previously seen -these sinister glances--certainly not before the revelations of -Wales, as, up to that time, he was anxious before the court-martial -to show that Spencer was kindly regarded by him. But the glances. -What more natural than for Spencer to look at such a startling -scene! a boy falling in the wreck of a broken mast, and tumbling -shrouds, from fifty feet high: and look he did--a fair and -honest look, his eyes steadfastly fixed upon it, as proved by -the commander's own witnesses on the court-martial--especially -midshipman Hays--who testified to the fixed and steady look; and -this in answer to a question from the commander tending to get a -confirmation of his own report. Nor did any one whatever see those -strange and furtive glances which the commander beheld. Now to the -breaking of the mast. This incident was reviewed at the time by two -competent judges--Mr. Fenimore Cooper, the naval historian, and -himself an ex-naval officer, and Captain William Sturgis of Boston, -one of the best navigators that Boston ever bred (and she has bred -as good as the world ever saw). They deemed the breaking of that -slender, elevated, unbraced mast the natural result of the order -which the commander gave to set the skysail, going as the vessel -then was. She was in the trade-winds, running into West Indies from -the coast of Africa, and running "large," as the mariners express -it; that is to say, with the wind so crossing her course as to come -strong upon her beam or quarter, and send her well before it. With -such a wind, these experienced seamen say that the order which -the commander gave might well break that mast. It would increase -the press of sail on that delicate and exposed mast, able to bear -but little at the best, and often breaking without a perceptible -increase of pressure upon it. But the order which he gave was not -the one given to the men. He gave his order to his relation, Mr. O. -H. Perry, to have a small pull on one brace; instead of that the -order given to the men was, to haul, that is, pull hard, on another; -which was directly contrary to the order he had received--one -slacking, the other increasing the press of sail. Under that order -the men with alacrity threw their whole weight on the wrong brace; -and the mast cracked, reeled, and fell immediately. The commander -himself saw all this--saw the fault his nephew had committed--sent -for him--reproved him in the face of the crew--told him it was -his fault--the effect of his inattention. All this was fully -proved before the court-martial. Perry's own testimony admitted -it. Thus--questioned by the judge advocate: "After the mast was -carried away were you sent for by the commander?" Answer: "Yes, -sir." "Who came for you?" A. "I don't recollect the person." "Was -it not McKee?" A. "I don't recollect." "What then occurred between -you and the commander?" A. "He asked me why I did not attend to my -duties better? and said I must do it better in future." "What was -the commander alluding to?" A. "To my not attending to the brace at -the time they were hauling on it." "Did he say to you, '_this is all -your fault, sir?_' or words to that effect?" A. "I don't recollect." -"What reply did you make the commander?" A. "I did not make any. I -said, I think, that I understood the order to haul on the brace." -There was also something else proved there, which, like the other, -was not reported in the commander's account of that portentous -event, which was the immediate cause of a new and terrible line of -conduct. First, there is no mention on the log-book of this rush of -the men aft: secondly, there is no mention in it of any suspected -design to carry away this topgallant mast. The commander was seeing -when he wrote his report what the keeper of the log-book did not -see at the time it should have happened. And this point is here -dismissed with the remark that, in this case (the men coming fast to -the work) was the sign of guilt: in other cases, coming slow was -the same sign: so that, fast or slow, from the time Wales made his -revelation, to the time of hanging, all motions, however opposite -to each other, were equally signs of the same guilt. The account of -this incident being given, the report proceeds: - - "The wreck being cleared, supper was piped down before sending - up the new mast. After supper the same persons mustered again - at the mast head, and the topgallant mast was fidded, the light - yards crossed, and the sails set. By this time it was dark, and - quarters had been unavoidably dispensed with: still I thought, - under all the circumstances, that it was scarcely safe to leave - Cromwell at large during the night. The night was the season of - danger. After consulting Lieutenant Gansevoort, I determined to - arrest Cromwell. The moment he reached the deck, an officer was - sent to leeward to guard the lee-rigging; and the main stays - were also thought of, though not watched. As his voice was heard - in the top, descending the rigging, I met him at the foot of - Jacob's ladder, surrounded by the officers, guided him aft to - the quarter-deck, and caused him to sit down. On questioning - him as to the secret conversation he had held the night before - with Mr. Spencer, he denied its being he. He said; 'It was not - me, sir, it was Small!' Cromwell was the tallest man on board, - and Small the shortest. Cromwell was immediately ironed; and - Small, then pointed out by an associate to increased suspicion, - was also sent for, interrogated, and ironed. Increased vigilance - was now enjoined upon all the officers; henceforward, all were - perpetually armed. Either myself, or the first lieutenant was - always on deck; and, generally, both of us were." - -Two more were now arrested, and in giving an account of these -arrests, as of all others (fifteen in the whole), the commander -forgets to tell that the arrested persons were bagged, as well as -double-ironed and handcuffed, and their irons ordered to be examined -every half hour day and night--a ceremony which much interfered with -sleep and rest. And now for the circumstances which occasioned these -arrests: and first of Cromwell. There are but two points mentioned; -first, "under all the circumstances." These have been mentioned, and -comprise his looks and attitudes at the morning inspection, and his -haste in getting to the scene of the wreck when the mast fell. The -next was his answer to the question upon his secret conversation -with Spencer the night before. This "night before," seems to be a -sad blunder in point of time. Spencer was in irons on the larboard -arm-chest at that time, a guard over him, and holding his life from -minute to minute by the tenure of silence, the absence of signs, -and the absence of understanding looks with any person. It does -not seem possible that he could have held a conversation, secret -or public, with any person during that night, or after his arrest -until his death; nor is any such any where else averred: and it is -a stupid contradiction in itself. If it was secret, it could not -be known: if it was open, both the parties would have been shot -instantly. Upon its stupid contradiction, as well as upon time, the -story is falsified. Besides this blunder and extreme improbability, -there is other evidence from the commander himself, to make it quite -sure that nobody could have talked with Spencer that night. The men -were in the hammocks, and the ship doubly guarded, and the officers -patrolling the deck with pistols and cutlasses. Of this, the -report says: "That night the officers of the watch were armed with -cutlasses and pistols, and the rounds of both decks made frequently, -to see that the crew were in their hammocks, and that there were no -suspicious collections of individuals about the deck." Under these -circumstances, it would seem impossible that the previous night's -conversation could have been held by any person with Mr. Spencer. -Next, supposing there was a secret conversation. It might have -been innocent or idle; for its subject is not intimated; and its -secret nature precludes all knowledge of it. So much for Cromwell: -now for Small. His case stands thus: "Pointed out by an associate -to increased suspicion." Here association in guilt is assumed; a -mode of getting at the facts he wanted, almost invariable with the -commander, Mackenzie. Well, the answer of Cromwell, "It was not -me, it was Small!" would prove no guilt if it was true; but it is -impossible to have been true. But this was only cause of "increased" -suspicion: so that there was suspicion before; and all the causes of -this had been detailed in the official report. First, there were the -causes arising at inspection that morning--faultless cleanliness, -shifting his battle-axe from one hand to the other, resting -alternately on the legs, and a ghastly look--to wit: a ghostly look. -He was interrogated: the report does not say about what: nor does -it intimate the character of the answers. But there were persons -present who heard the questions and the answers, and who told both -to the court-martial. The questions were as to the conversation -with Spencer, which Wales reported; and the answers were, yes--that -he had foolish conversations with Spencer, but no mutiny. Still -there was a stumbling block in the way of arresting Small. His name -was nowhere made out as certain by Spencer. This was a balk: but -there was the name of a man in the list who was not in the vessel: -and this circumstance of a man too few, suggested an idea that there -should be a transaction between these names; and the man on the list -who had no place in the ship, should give place to him who had a -place in the ship, and no place on the list: so Small was assumed to -be Andrews; and by that he was arrested, though proved to be Small -by all testimony--that of his mother inclusive. - -The three prisoners were bagged, and how that process was performed -upon them, they did not live to tell: but others who had undergone -the same investment, did: and from them the operation will be -learnt. With the arrest of these two, the business of Sunday closed; -and Monday opened with much flogging of boys, and a speech from the -commander, of which he gives an abstract, and also displays its -capital effects: - - "The effect of this (speech of the 28th) upon the crew was - various: it filled many with horror at the idea of what they had - escaped from: it inspired others with terror at dangers awaiting - them from their connection with the conspiracy. The thoughts of - returning to that home, and those friends from whom it had been - intended to cut them off for ever, caused many of them to weep. - I now considered the crew tranquillized and the vessel safe." - -Now, whether this description of the emotions excited by the -captain's oratory, be reality or fancy, it is still good for one -thing: it is good for evidence against himself! good evidence, at -the bar of all courts, and at the high tribunal of public opinion. -It shows that the captain, only two days before the hanging, was -perfect master of his ship--that the crew was tranquillized, -and the vessel safe! and all by the effect of his oratory: and -consequently, that he had a power within himself by which he -could control the men, and mould them into the emotions which he -pleased. The 28th day came. The commander had much flogging done, -and again made a speech, but not of such potency as the other. He -stopped Spencer's tobacco, and reports that, "the day after it was -stopped, his spirits gave way entirely. He remained the whole day -with his face buried in the gregoe and when it was raised, it was -bathed in tears." So passed the 28th. "On the 29th (continues the -report) all hands were again called to witness punishment," and the -commander made another speech. But the whole crew was far from being -tranquillized. During the night seditious cries were heard. Signs of -disaffection multiplied. The commander felt more uneasy than he had -ever done before. The most seriously implicated collected in knots. -They conferred together in low tones, hushing up, or changing the -subject when an officer approached. Some of the petty officers had -been sounded by the first lieutenant, and found to be true to their -colors: they were under the impression that the vessel was yet far -from being safe--that there were many still at liberty that ought to -be confined--that an outbreak, having for its object the rescue of -the prisoners, was seriously contemplated. Several times during the -night there were symptoms of an intention to strike some blow. Such -are a specimen of the circumstances grouped together under vague and -intangible generalities with which the day of the 29th is ushered -in, all tending to one point, the danger of a rescue, and the -necessity for more arrests. Of these generalities, only one was of -a character to be got hold of before the court-martial, and it will -take a face, under the process of judicial examination of witnesses, -very different from that which it wore in the report. After these -generalities, applying to the mass of the crew, come special -accusations against four seamen--Wilson, Green, McKee, McKinley: and -of these special accusations, a few were got hold of by the judge -advocate on the court-martial. Thus: - - 1. _The handspike sign._--"Mr. Wales detected Charles A. Wilson - attempting to draw out a handspike from under the launch, with - an evident purpose of felling him; and when Wales cocked his - pistol, and approached, he could only offer some lame excuse for - his presence there." - -This is the amount of the handspike portent, as reported to the -Secretary of the Navy among the signs which indicated the immediate -danger of the rising and the rescue. This Wales, of course, was a -witness for the commander, and on being put on the stand, delivered -his testimony in a continued narrative, covering the whole case. In -that narrative, he thus introduces the handspike incident: - - "I then went to the stern of the launch, found Wilson had a - number of small holystones collected there, and was endeavoring - to pull a gun handspike from the stern of the launch: what his - intentions were I don't know. I cocked a pistol, and ordered him - in the gangway to draw water. I told him if I saw him pulling on - the handspike, I should blow his brains out." - -"I then went to the stern," &c. This period of time of going to the -stern of the launch, was immediately after this Wales had detected -persons making signs to the prisoners by putting their hands to -their chins, and when he told Cromwell if he saw any more signs -between them he should put him to death. It was instantly after this -detection and threat, and of course at a time when this purser's -steward was in a good mood to see signs and kill, that he had this -vision of the handspike: but he happens to swear that he does not -know with what intent the attempt to pull it out was made. Far from -seeing, as the commander did when he wrote the report, that the -design to fell him was evident, he does not know what the design was -at all; but he gives us a glimpse at the inside of his own heart, -when he swears that he would blow out the brains of Wilson if he saw -him again attempting to pull out the handspike, when he did not know -what it was for. Here is a murderous design attributed to Wilson -on an incident with Wales, in which Wales himself saw no design -of any kind; and thus, upon his direct examination, and in the -narrative of his testimony, he convicts the commander of a cruel and -groundless misstatement. But proceed to the cross-examination: the -judge advocate required him to tell the distance between himself and -Wilson when the handspike was being pulled by Wilson? He answered -forty feet, more or less! and so this witness who had gone to the -stern of the launch, was forty feet from that stern when he got -there. - - 2. _Missing their muster._--"McKinley, Green, and others, missed - their musters. Others of the implicated also missed their - musters. I could not contemplate this growth of disaffection - without serious uneasiness. Where was this thing to end? - Each new arrest of prisoners seemed to bring a fresh set of - conspirators forward to occupy the first place." - -The point of this is the missing the musters; and of these the men -themselves give this account, in reply to questions from the judge -advocate: - - "It was after the arrest (of Spencer), me and McKee (it is - McKinley speaks) turned in and out with one another when the - watch was called: we made a bargain in the first of the cruise - to wake one another up when the watches were called. I came up - on deck, awaked by the noise of relieving guards, 15 minutes too - late, and asked McKee why he did not call me? He told me that - the officer would not let him stir: that they were ordered to - lie down on the deck, and when he lay down he fell asleep, and - did not wake up: that was why I missed my muster, being used to - be waked up by one another." - -Such is the natural account, veracious upon its face, which McKinley -gives for missing, by 15 minutes, his midnight muster, and which -the commander characterized as a lame excuse, followed by immediate -punishment, and a confirmed suspicion of mutiny and piracy. All the -others who missed musters had their excuses, true on their face, -good in their nature, and only varying as arising from the different -conditions of the men at the time. - - 3. _The African knife sign._--"In his sail-bag (Wilson's) was - found an African knife of an extraordinary shape--short, and - gradually expanding in breadth, sharp on both sides. It was of - no use for any honest purpose. It was only fit to kill. It had - been secretly sharpened, by his own confession, the day before - with a file to a perfect edge." - -The history of this knife, as brought out before the court-martial -was this (McKinley, the witness): - - "I was ashore on the coast of Africa--I believe it was at - Monrovia that I went ashore, I having no knife at the time. I - went ashore there, and saw one of the natives with a knife. I - spoke to Mr. Heiskill (the purser) about buying it for me. He - sent me aboard the brig (Somers) with some things in the second - cutter. When I came back Warner had bought the knife I looked - at, and Mr. Heiskill bought an African dirk instead of that, and - gave it to me. I came on board with the knife, and wore it for - two or three days. Wilson saw it, and said he wanted to buy it - as a curiosity to take to New York. I would not let him have it - then. I went up on the topgallant yard, and it nearly threw me - off. It caught in some of the rigging. When I came down, I told - Wilson he might have it for one dollar. He promised to give a - dollar out of the first grog money, or the first dollar he could - get." - -So much for this secret and formidable weapon in the history of its -introduction to the ship--coming through the purser Heiskill, one -of the supporters of Commander Mackenzie in all the affairs of these -hangings--given as a present to McKinley, a cot-boy, _i. e._ who -made up the cots for the officers, who had been a waiter at Howard's -Hotel (N. Y.), and who was a favorite in the ship's crew. As for the -uses to which it could only be put--no honest use, and only fit to -kill--it was proved to be in current use as a knife, cutting holes -in hammocks, shifting their numbers, &c. - - 4. _The battle-axe alarm._--"He had begun also to sharpen his - battle-axe with the same assistant (the file): one part of it he - had brought to an edge." - -The proof was the knife and the battle-axe were publicly sharpened -as often as needed, and that battle-axes, like all other arms, were -required to be kept in perfect order; and that, sharp and shining -was their desired condition. Every specified sign of guilt was -cleared up before the court-martial--one only excepted; and the -mention of that was equally eschewed by each party. It was the sign -of music from the luxated jaw! Both parties refrained from alluding -to that sign on the trial--one side from shame, the other from pity. -Yet it was gravely reported to the Secretary of the Navy as fact, -and as a means of seducing the crew. Returning to generalities, the -informer Wales, presents himself prominently on this day--this 29th -of November, memorable for its resolves; and groups a picture which -was to justify all that was to be done in two days more, and of -which the initiation and preliminary steps were then taken. - - "The crew still continued very much dissatisfied, grumbling - the whole time. The master-at-arms was sick at the time, and I - attended to his duties, and had charge of the berth deck. Their - manner was so insulting that I had to bring three or four up for - punishment (with the cat-and-nine-tails.) The dissatisfaction - continued to increase (this was the 30th I think), and continued - till the execution took place, when I noticed a marked change in - their manner: those who were the most unruly and insolent were - the first to run and obey an order: they seemed to anticipate - an order."--"Before that, an order had to be given two or three - times before it was executed, and when they did execute it, they - would go growling along, as though they did not care whether it - was done or not. They went slow." - -This swearing of Wales tallies with the report of the commander -in bringing the mutiny up to the bursting point on the 29th of -November. That was a point necessary to be reached, as it will be -seen hereafter, and to be reached on that day. There was one other -point necessary to be made out, and that was, the mutiny was to -break forth before they arrived at the island of St. Thomas, as at -that place the mutineers could be landed, or transhipped, and so -the whole thing evaporate. They were now within less than four days -of that island. Spencer had bet just before they would be there in -eight days--a bet which seemed to say that he had no thought of -preventing her from arriving there. But it was now necessary to have -the mutiny to take place before they got to that island: and this -essential point was established by Wales, by an addition to his -previous testimony fixing that point. This addition to his testimony -caused an inquiry to be put to him by the judge advocate before the -court: "When did you first swear that Mr. Spencer told you that the -mutiny would break out shortly before your arrival at St. Thomas?" -Answer: "At the examination of officers, and of men by the officers. -I forget what day, but I think it was on the 30th of November." This -was corroborated in the view of the commander by the fortune-telling -of the young Rodgers' fate--to die suddenly, i.e. in the mutiny -before they got to St. Thomas, without adding the remainder of the -prediction, that he was to die a gambler; and without adding the -essential fact, that Spencer had a bet that she would arrive there -by a given day. - -On the 30th day of November, at nine o'clock in the morning, a -letter was delivered by the commander to Lieutenant Gansevoort, -Surgeon Leecock and Purser Heiskill, and four midshipmen, stating -the dangers of the ship, and calling upon them to enlighten the -commander with their opinion as to what should be done with Spencer, -Small and Cromwell. The letter was not addressed to any of the -acting midshipmen, the reason why being thus stated: "Though they -had done men's duty in the late transaction, they were still boys: -their opinion could add but little force to that of the other -officers: it would have been hard, at their early age, to call -upon them to say whether three of their fellow-creatures should -live or die." So reasoned the commander with respect to the acting -midshipmen. It would seem that the same reasoning should have -excused the four midshipmen on whom this hard task was imposed. The -letter was delivered at 9 o'clock in the morning: the nominated -officers met in (what was called) a council: and proceeded -immediately to take, what they called testimony, to be able to give -the required opinion. Thirteen seamen were examined, under oath--an -extra-judicial oath of no validity in law, and themselves punishable -at common law for administering it: and this testimony written down -in pencil on loose and separate slips of paper--the three persons -whose lives were to be passed upon, having no knowledge of what was -going on. Purser Heiskill being asked on the court-martial, why, on -so important occasion pen and ink was not used, answered, he did -not know--"that there were no lawyers there:" as if lawyers were -necessary to have pen and ink used. The whole thirteen, headed by -Wales, swore to a pattern: and such swearing was certainly never -heard before, not even in the smallest magistrate's court, and -where the value of a cow and calf was at stake: hearsays, beliefs, -opinions; preposterous conclusions from innocent or frivolous -actions: gratuitous assumptions of any fact wanted: and total -disregard of every maxim which would govern the admissibility of -evidence. Thus: - - HENRY KING: "Believed the vessel was in danger of being taken - by them: thinks Cromwell the head man: thinks they have been - engaged in it ever since they left New York: thinks if they - could get adrift, there would be danger of the vessel being - taken: thinks Spencer, Small, Cromwell and Wilson were the - leaders: thinks if Golderman and Sullivan could get a party - among the crew now that they would release the prisoners and - take the vessel, and that they are not to be trusted."--CHARLES - STEWART: "Have seen Cromwell and Spencer talking together - often--talking low: don't think the vessel safe with these - prisoners on board: this is my deliberate opinion from what I've - heard King, the gunner's mate, say (that is) that he had heard - the boys say that there were spies about: I think the prisoners - have friends on board who would release them if they got a - chance. I can't give my opinion as to Cromwell's character: I - have seen him at the galley getting a cup of coffee now and - then."--CHARLES ROGERS: "I believe Spencer gave Cromwell 15 - dollars on the passage to Madeira--Cromwell showed it to me and - said Spencer had given it to him. If we get into hard weather - I think it will be hard to look out for all the prisoners: I - believe if there are any concerned in the plot, it would not - be safe to go on our coast in cold or bad weather with the - prisoners: I think they would rise and take the vessel: I think - if Cromwell, Small, and Spencer were disposed of, our lives - would be much safer. Cromwell and Small understand navigation: - these two are the only ones among the prisoners capable of - taking charge of the vessel."--ANDREW ANDERSON: "Have seen - Spencer and Cromwell often speaking together on the forecastle, - in a private way: never took much notice: I think it's plain - proof they were plotting to take this vessel out of the hands - of her officers: from the first night Spencer was confined, and - from what I heard from my shipmates, I suspected that they were - plotting to take the vessel: I think they are safe from here to - Saint Thomas (West Indies), but from thence home I think there - is great danger on account of the kind of weather on the coast, - and squalls."--OLIVER B. BROWNING: "I would not like to be on - board the brig if he (Cromwell) was at large: I do not bear him - any ill will: I do not know that he bears me any ill will: I do - not think it safe to have Cromwell, Spencer and Small on board: - I believe that if the men were at their stations taking care of - the vessel in bad weather, or any other time when they could - get a chance, they would try and capture the vessel if they - could get a chance: to tell you God Almighty's truth, I believe - some of the cooks about the galley, I think they are the main - backers."--H. M. GARTY: "Believes Spencer, Small and Cromwell - were determined on taking the brig: he supposes to turn pirates - or retake slavers: on or about the 11th of October heard Spencer - say the brig could be taken with six men: I think there are some - persons at large who would voluntarily assist the prisoners if - they had an opportunity: thinks if the prisoners were at large - the brig would certainly be in great danger: thinks there are - persons adrift yet who would, if any opportunity offered, rescue - the prisoners: thinks the vessel would be safer if Cromwell, - Spencer, and Small were put to death."--GEORGE W. WARNER: "Have - seen Cromwell and Spencer sitting together frequently: have - heard Spencer ask Cromwell what sort of a slaver this vessel - would make? he replied, he thought she would make a nice slaver: - have no doubt he had joined Spencer in the project of taking - this vessel: thinks Cromwell would have taken the vessel to the - north west coast: Cromwell was in a slaver and taken a year - since at Cuba: has seen Spencer give Cromwell cigars: thinks - Cromwell deserves to be hung: thinks he is the most dangerous - man in the ship: if I had my way I would hang him."--VAN VELSON: - "A good while since Spencer said he would like to have a ship - to go to the north-west coast: Cromwell and him was thick: - should think Cromwell meant to join Spencer to take this vessel: - Spencer thought he could raise money to get a ship. My reason - for thinking that Cromwell meant to join Spencer in taking - this vessel, is because I have frequently seen them in close - conversation." - -The drift of all this swearing was to show that the men ought not -only to be put to death, but immediately, to prevent a rescue, -and before they got to St. Thomas, and to make an excuse for not -bringing them to the United States, pleading the difficulty to guard -them in bad weather on the coast of the United States. (Among the -persons examined, and one of those who "thinks the vessel would be -safer if Cromwell, Spencer, and Small were put to death," was one -Garty--Sergeant Michael H. Garty--who will be especially noticed -hereafter.) The examination of these persons, though commenced -immediately on receiving the commander's letter, was not finished -until nine o'clock of the next morning, December the first; and then -upon the pressing application of Gansevoort (who was absent much of -the time), and telling the council that the commander was waiting -for it. The answer was soon prepared, and delivered, declaring -Spencer, Cromwell, and Small to be guilty of mutiny according to -the evidence which had come to their knowledge, and that they were -leagued with others still at large; and then goes on to say--"We -are convinced that it would be impossible to carry them to the -United States, and that the safety of the public property, the lives -of ourselves, and of those committed to our charge, require that -(giving them sufficient time to prepare) they should be put to death -in a manner best calculated to make a beneficial impression upon the -disaffected." And this recommendation was signed by the whole seven -to whom the commander's letter had been addressed--among them two -names illustrious in the annals of our navy. The heart grieves over -that view, but draws a veil over the names, and absolves the boys -from the guilt of the transaction. We know the power of the quarter -deck. The midshipman must be born a Cato, or a Macon (and such men -are only born once in ages) to be able to stand up against the -irresistible will of that deck. History refuses to see these boys -as agents in the transaction. Mackenzie, Gansevoort, Leecock and -Heiskill, are the persons with whom she deals. - -The narrative, thus far following the commander's report, is here -suspended for the purpose of bringing in some circumstances not -related in that report, and which came out before the court-martial; -and the relation of which is due to the truth of history. 1. That -the three persons whose lives were thus passed upon were, during -this whole time, lying on the deck in their multiplied irons, -and tied up in strong tarpaulin bags, wholly unconscious of any -proceeding against them, and free from fear of death, as they had -been made to understand by the commander that they were to be -brought home to the United States for trial; and who reported that -to have been his first intention. 2. While this examination was -going on, and during the first day of it, Gansevoort (the head of -the council) went to Spencer (telling him nothing of his object), -for the purpose of getting proofs of his guilt, to be used against -him whereof he got none; and thus tells his errand in answer to a -question before the court-martial: "I am under the impression it -was the 30th (of November), for the purpose of his proving more -clearly his guilt. I took him the paper (razor-case paper), that -he might translate it so I could understand it. My object was to -obtain from him an acknowledgment of his guilt." 3. That it had -been agreed among the upper officers two days before that, if any -more prisoners were made, the three first taken should suffer -immediate death on account of the impossibility of guarding more -than they had. This dire conclusion came out upon question and -answer, from one of the midshipmen who was in the council. "Had you -any discussion on the 28th of November, as to putting the three -prisoners to death?" Answer: "I don't recollect what day Gansevoort -asked me my opinion, if it became necessary to make more prisoners, -if we should be able to guard them? I told him no." "Did you _then_ -give it as your opinion that Cromwell, Small, and Spencer should -be put to death?" Answer: "Yes, sir." Four more officers of the -council were ascertained to have been similarly consulted at the -same time, and to have answered in the same way: so that the deaths -of the three men were resolved upon two days before the council was -established to examine witnesses, and enlighten the commander with -their opinions. 4. That it had been resolved that, if more prisoners -were taken, the three already in the bags must be put to death; -and, accordingly, while the council was sitting, and in the evening -of their session, and before they had reported an opinion, four -more arrests were made: so that the condition became absolute upon -which the three were to die before the council had finished their -examination. - -This is, perhaps, the first instance in the annals of military or -naval courts, in which the commander fixed a condition on which -prisoners were to be put to death--which condition was to be an act -of his own, unknown to the prisoners, but known to the court, and -agreed to be acted upon before it was done: and which was done and -acted upon! - -These are four essential circumstances, overlooked by the commander -in his report, but brought out upon interrogatories before the -court. The new arrests are duly reported by the commander. They -were: Wilson, Green, McKinley, McKee. The commander tells how the -arrests were made. "These individuals were made to sit down as they -were taken, and when they were ironed, I walked deliberately round -the battery, followed by the first lieutenant; and we made together -a very careful inspection of the crew. Those who (though known to be -very guilty) were considered to be the least dangerous, were called -out and interrogated: care was taken not to awaken the suspicions of -such as from courage and energy were really formidable, unless it -were intended to arrest them. Our prisoners now amounted to seven, -filling up the quarter deck, and rendering it very difficult to keep -them from communicating with each other, interfering essentially -with the management of the vessel." This is the commander's account -of the new arrests, but he omits to add that he bagged them as fast -as taken and ironed; and as that bagging was an investment which -all the prisoners underwent, and an unusual and picturesque (though -ugly) feature in the transaction, an account will be given of it -in the person of one of the four, which will stand for all. It is -McKinley who gives it, and who was bagged quite home to New York, -and became qualified, to give his experience of these tarpaulin -sacks, both in the hot region of the tropics and the cold blasts -of the New York latitude in the dead of winter. Question by the -judge advocate: "When were you put in the bags?" Answer: "After the -examination and before we got to St. Thomas." "How were the bags -put on you?" Answer: "They were laid on deck, and we got into them -as well as we could, feet foremost." "Was your bag ever put over -your head?" Answer: "Yes, sir. The first night it was tied over my -head." "Who was the person who superintended, and did it?" Answer; -"_Sergeant Garty was always there when we were put into the bags._ I -could not see. I could not say who tied it over my head. He (Garty) -was there then." "Did you complain of it?" Answer: "After a while -the bag got very hot. Whoever was the officer I don't know. I told -him I was smothering. I could not breathe. He came back with the -order that I could not have it untied. I turned myself round as well -as I could, and got my mouth to the opening of the bag, and staid so -till morning." Question by a member of the court: "Did you find the -bag comfortable when not tied over your head?" Answer: "No, sir. It -was warm weather: it was uncomfortable. On the coast (of the United -States in December) they would get full of rain water, nearly up -to my knees." Catching at this idea of comfort in irons and a bag, -Commander Mackenzie undertook to prove them so; and put a leading -question, to get an affirmative answer to his own assertion that -this bagging was done for the "comfort" of the prisoners--a new -conception, for which he seemed to be entirely indebted to this hint -from one of the court. The mode of McKinley's arrest, also gives an -insight into the manner in which that act was performed on board a -United States man-of-war; and is thus described by McKinley himself. -To the question, when he was arrested, and how, he answers: "On the -30th of November, at morning quarters I was arrested. The commander -put Wilson into irons. When he was put in irons the commander cried, -'Send McKinley aft.' I went aft. The commander and Gansevoort held -pistols at my head, and told me to sit down. Mr. Gansevoort told -King, the gunner, to stand by to knock out their brains if they -should make a false motion. I was put in irons then. He ordered -Green and McKee aft: he put them in irons also. Mr. Gansevoort -ordered me to get on all fours, and creep round to the larboard -side, as I could not walk." And that is the way it was done! - -The three men were thus doomed to death, without trial, without -hearing, without knowledge of what was going on against them; -and without a hint of what had been done. One of the officiating -officers who had sat in the council, being asked before the court -if any suggestion, or motion, was made to apprise the prisoners of -what was going on, and give them a hearing, answered that there was -not. When Governor Wall was on trial at the Old Bailey for causing -the death of a soldier twenty years before at Goree, in Africa, for -imputed mutiny, he plead the sentence of a drum-head court-martial -for his justification. The evidence proved that the men so tried -(and there were just three of them) were not before that court, and -had no knowledge of its proceedings, though on the ground some forty -feet distant--about as far off as were the three prisoners on board -the Somers, with the difference that the British soldiers could see -the court (which was only a little council of officers); while the -American prisoners could not see their judges. This sort of a court -which tried people without hearing them, struck the British judges; -and when the witness (a foot soldier) told how he saw the Governor -speaking to the officers, and saw them speaking to one another for a -minute or two, and then turning to the Governor, who ordered the man -to be called out of the ranks to be tied on a cannon for punishment: -when the witness told that, the Lord Chief Baron McDonald called -out--"Repeat that." The witness repeated it. Then the Chief Baron -inquired into the constitution of these drum-head courts, and to -know if it was their course to try soldiers without hearing them: -and put a question to that effect to the witness. Surprised at the -question, the soldier, instead of answering it direct, yes or no, -looked up at the judge, and said: "My Lord, I thought an Englishman -had that privilege every where." And so thought the judge, who -charged the jury, accordingly, and that even if there was a mutiny; -and so thought the jury, who immediately brought in a verdict for -murder; and so thought the King (George III.), who refused to pardon -the Governor, or to respite him for longer than eight days, or to -remit the anatomization of his dead body. There was law then in -England against the oppressors of the humble, and judges to execute -it, and a king to back them. - -The narrative will now be resumed at the point at which it was -suspended, and Commander Mackenzie's official report will still be -followed for the order of the incidents, and his account of them. - -It was nine o'clock on the morning of the first of December, that -Gansevoort went into the ward-room to hurry the completion of the -letter which the council of officers was drawing up, and which, -under the stimulating remark that the commander was waiting for it, -was soon ready. Purser Heiskill, who had been the pencil scribe of -the proceedings, carried the letter, and read it to the commander. -In what manner he received it, himself will tell: - - "I at once concurred in the justice of their opinion, and in the - necessity of carrying its recommendation into immediate effect. - There were two others of the conspirators almost as guilty, so - far as the intention was concerned, as the three ringleaders who - had been first confined, and to whose cases the attention of the - officers had been invited. But they could be kept in confinement - without extreme danger to the ultimate safety of the vessel. - The three chief conspirators alone were capable of navigating - and sailing her. By their removal the motive to a rescue, a - capture, and a carrying out of their original design of piracy - was at once taken away. Their lives were justly forfeited to - the country which they had betrayed; and the interests of that - country and the honor and security of its flag required that the - sacrifice, however painful, should be made. In the necessities - of my position I found my law, and in them also I must trust to - find my justification." - -The promptitude of this concurrence precludes the possibility of -deliberation, for which there was no necessity, as the deaths -had been resolved upon two days before the council met, and as -Gansevoort communicated with the commander the whole time. There was -no need for deliberation, and there was none; and the rapidity of -the advancing events proves there was no time for it. And in this -haste one of the true reasons for hanging Small and Cromwell broke -forth. They were the only two of all the accused (Spencer excepted) -who could sail or navigate a vessel! and a mutiny to take a ship, -and run her as a roving pirate, without any one but the chief to -sail and navigate her, would have been a solecism too gross even -for the silliest apprehension. Mr. M. C. Perry admitted upon his -cross-examination that this knowledge was "one of the small reasons" -for hanging them--meaning among the lesser reasons. Besides, three -at least, may have been deemed necessary to make a mutiny. Governor -Wall took that number; and riots, routs, and unlawful assemblies -require it: so that in having three for a mutiny, the commander -was taking the lowest number which parity of cases, though of -infinitely lower degree, would allow. The report goes on to show the -commander's preparations for the sacrifice; which preparations, from -his own showing, took place before the assembling of the council, -and in which he showed his skill and acumen. - - "I had for a day or two been disposed to arm the petty - officers. On this subject alone the first lieutenant differed - from me in opinion, influenced in some degree by the opinions of - some of the petty officers themselves, who thought that in the - peculiar state of the vessel the commander and officers could - not tell whom to trust, and therefore had better trust no one. I - had made up my own mind, reasoning more from the probabilities - of the case than from my knowledge of their characters, which - was necessarily less intimate than that of the first lieutenant, - that they could be trusted, and determined to arm them. I - directed the first lieutenant to muster them on the quarter - deck, to issue to each a cutlass, pistol and cartridge-box, and - to report to me when they were armed. I then addressed them as - follows: 'My lads! you are to look to me--to obey my orders, and - to see my orders obeyed! Go forward!'" - -This paragraph shows that the arming of the petty officers for the -crisis of the hangings had been meditated for a day or two--that it -had been the subject of consultation with the lieutenant, and also -of him with some of the petty officers; and it was doubtless on -this occasion that he took the opinions of the officers (as proved -on the court-martial trial) on the subject of hanging the three -prisoners immediately if any more arrests were made. The commander -and his lieutenant differed on the question of arming these petty -officers--the only instance of a difference of opinion between them: -but the commander's calculation of probabilities led him to overrule -the lieutenant--to make up his own mind in favor of arming: and to -have it done. The command at the conclusion is eminently concise, -and precise, and entirely military; and the ending words remind us -of the French infantry charging command: "En avant, mes enfans!" in -English--"Forward, my children." - -The reception of the council recommendation, and the order for -carrying it into effect, were simultaneous: and carried into effect -it was with horrible rapidity, and to the utmost letter--all -except in one particular--which forms a dreadful exception. The -council had given the recommendation with the Christian reservation -of allowing the doomed and helpless victims "sufficient time to -prepare"--meaning, of course, preparation for appearance at the -throne of God. That reservation was disregarded. Immediate execution -was the word! and the annunciation of the death decree, and the -order for putting it in force, were both made known to the prisoners -in the same moment, and in the midst of the awful preparations for -death. - - "I gave orders to make immediate preparation for hanging the - three principal criminals at the mainyard arms. All hands - were now called to witness the punishment. The afterguard and - idlers of both watches were mustered on the quarterdeck at the - whip (the halter) intended for Mr. Spencer: forecastle-men and - foretop-men at that of Cromwell, to whose corruption they had - been chiefly exposed. The maintop of both watches, at that - intended for Small who, for a month, had filled the situation of - captain of the maintop. The officers were stationed about the - decks, _according to the watch bill I had made out the night - before_, and the petty officers were similarly distributed, with - orders to cut down whoever should let go the whip (the rope) - with even one hand; or fail to haul on (pull at the rope) when - ordered." - -Here it is unwittingly told that the guard stations at the hangings -were all made out the night before. - -For the information of the unlearned in nautical language, it may be -told that what is called the whip at sea, is not an instrument of -flagellation, but of elevation--a small tackle with a single rope, -used to hoist light bodies; and so called from one of the meanings -of the word whip, used as a verb, then signifying to snatch up -suddenly. It is to be hoped that the sailors appointed to haul on -this tackle had been made acquainted (though the commander's report -does not say so) with the penalty which awaited them if they failed -to pull at the word, or let go, even with one hand. The considerate -arrangement for hanging each one at the spot of his imputed worst -conduct, and under an appropriate watch, shows there had been -deliberation on that part of the subject--deliberation which -requires time--and for which there was no time after the reception -of the council's answer; and which the report itself, so far as the -watch is concerned, shows was made out the night before. The report -continues: - - "The ensign and pennant being bent on, and ready for hoisting, - I now put on my full uniform, and proceeded to execute the - most painful duty that has ever devolved on an American - commander--_that of announcing to the criminals their fate_." - -It has been before seen that these victims had no knowledge of the -proceedings against them, while the seven officers were examining, -in a room below, the thirteen seamen whose answers to questions -(or rather, whose thoughts) were to justify the fate which was -now to be announced to them. They had no knowledge of it at the -time, nor afterwards, until standing in the midst of the completed -arrangements for their immediate death. They were brought into the -presence of death before they knew that any proceedings had been -had against them, and while under the belief, authorized by the -commander himself, that they were to be brought home for trial. -Their fate was staring them in the face before they knew it had -been doomed. The full uniform of a commander in the American navy -had been put on for the occasion, with what view is not expressed; -and, in this imposing costume,--feathers and chapeau, gold lace -and embroidery, sword and epaulettes--the commander proceeded to -announce their fate to men in irons--double irons on the legs, and -iron cuffs on the hands--and surrounded by guards to cut them down -on the least attempt to avoid the gallows which stood before them. -In what terms this annunciation, or rather, these annunciations -(for there was a separate address to each victim, and each address -adapted to its subject) were made, the captain himself will tell. - - "I informed Mr. Spencer that when he had been about to take my - life, and to dishonor me as an officer when in the execution - of my rightful duty, without cause of offence to him, on - speculation, it had been his intention to remove me suddenly - from the world, in the darkness of the night, without a moment - to utter one murmur of affection to my wife and children--one - prayer for their welfare. His life was now forfeited to his - country; and the necessities of the case growing out of his - corruption of the crew, compelled me to take it. I would not, - however, imitate his intended example. If there yet remained - one feeling true to nature, it should be gratified. _If he had - any word to send to his parents, it should be recorded, and - faithfully delivered._ Ten minutes should be granted him for - this purpose; and Midshipman Egbert Thompson was called to note - the time, and inform me when the ten minutes had elapsed." - -Subsequent events require this appeal to Spencer, and promise to -him, to be noted. He is invoked, in the name of Nature, to speak to -his parents, and his words promised delivery. History will have to -deal with that invocation, and promise. - -This is the autographic account of the annunciation to Spencer; and -if there is a parallel to it in Christendom, this writer has yet to -learn the instance. The vilest malefactors, convicts of the greatest -crimes, are allowed an interval for themselves when standing -between time and eternity; and during that time they are left, -undisturbed, to their own thoughts. Even pirates allow that much to -vanquished and subdued men. The ship had religious exercises upon -it, and had multiplied their performance since the mutiny had been -discovered. The commander was a devout attendant at these exercises, -and harangued the crew morally and piously daily, and in this crisis -twice or thrice a day. He might have been of some consolation to the -desolate youth in this supreme moment. He might have spoken to him -some words of pity and of hope: he might at least have refrained -from reproaches: he might have omitted the comparison in which he -assumed to himself such a superiority over Spencer in the manner of -taking life. It was the Pharisee that thanked God he was not like -other men, nor like that Publican. But the Pharisee did not take the -Publican's life, nor charge him with crimes. Besides, the comparison -was not true, admitting that Spencer intended to kill him in his -sleep. There is no difference of time between one minute and ten -minutes in the business of killing; and the most sudden death--a -bullet through the heart in sleep--would be mercy compared to the -ten minutes' reprieve allowed Spencer: and that time taken up (as -the event proved) in harassing the mind, enraging the feelings, and -in destroying the character of the young man before he destroyed -his body. It is to be hoped that the greater part of what the -commander says he said to Spencer, was not said: it would be less -discreditable to make a false report in such cases than to have said -what was alleged; and there were so many errors in the commander's -report that disbelief of it becomes easy, and even obligatory. It is -often variant or improbable in itself, and sometimes impossible; and -almost entirely contradicted by the testimony. In the vital--really -vital--case of holding the watch, he is contradicted. He says -Midshipman Thompson was called to note the time, and to report its -expiration. Mr. O. H. Perry swore in the court that the order was -given to him--that he reported it--and that the commander said, -"very well." This was clear and positive: but Mr. Thompson was -examined to the same point, and testified thus: That he heard him -(the commander) say something about ten minutes--that he told Mr. -Perry, he thinks, to note the time--that Perry and himself both -noted it--thinks he reported it--don't recollect what the commander -said--is under an impression he said "very good." So that Mr. Perry -was called to note the time, and did it, and reported it, and did -not know that Thompson had done it. To the question, "What did Mr. -Thompson say when he came back from reporting the time?" the answer -is: "I did not know that he reported it." At best, Mr. Thompson was -a volunteer in the business, and too indifferent to it to know what -he did. Mr. O. H. Perry is the one that had the order, and did the -duty. Now it is quite immaterial which had the order: but it is -very material that the commander should remember the true man.--The -manner in which the young man received this dreadful intelligence, -is thus reported: - - "This intimation quite overpowered him. He fell upon his knees, - and said he was not fit to die." - -"Was not fit to die!" that is to say, was not in a condition to -appear before his God. The quick perishing of the body was not the -thought that came to his mind, but the perishing of his soul, and -his sudden appearance before his Maker, unpurged of the sins of this -life. Virtue was not dead in the heart which could forget itself and -the world in that dread moment, and only think of his fitness to -appear at the throne of Heaven. Deeply affecting as this expression -was--am not fit to die--it was still more so as actually spoken, and -truly stated by competent witnesses before the court. "When he told -him he was to die in ten minutes, Spencer told him he was not fit -to die--that he wished to live longer to get ready. The commander -said, I know you are not, but I cannot help it."--A remark which was -wicked in telling him he knew he was not fit to die, and false, in -saying he could not help it. So far from not being able to help it, -he was the only man that could prevent the preparation for fitness. -The answer then was, an exclamation of unfitness to die, and a wish -to live longer to get ready. But what can be thought of the heart -which was dead to such an appeal? and which, in return, could occupy -itself with reproaches to the desolate sinner; and could deliver -exhortations to the trembling fleeting shadow that was before -him, to study looks and attitudes, and set an example of decorous -dying to his two companions in death? for that was the conduct of -Mackenzie: and here is his account of it: - - "I repeated to him his own catechism, and begged him at least to - let the _officer_ set to the men he had corrupted and seduced, - the example of dying with decorum." - -"The men whom he had corrupted and seduced,"--outrageous words, -and which the commander says, "immediately restored him to entire -self-possession." But they did not turn away his heart from the only -thing that occupied his mind--that of fitting himself, as well as -he could, to appear before his God. He commenced praying with great -fervor, and begging from Heaven that mercy for his soul which was -denied on earth to his body. - -The commander then went off to make the same annunciation to the -other two victims, and returning when the ten minutes was about -half out--when the boy had but five minutes to live, as he was made -to believe--he soon made apparent the true reason which all this -sudden announcement of death in ten minutes was in reality intended -for. It was to get confessions! it was to make up a record against -him! to excite him against Small and Cromwell! to take advantage of -terror and resentment to get something from him for justification in -taking his life! and in that work he spent near two hours, making up -a record against himself of revolting atrocity, aggravated and made -still worse by the evidence before the court. The first movement was -to make him believe that Cromwell and Small had informed upon him, -and thus induce him to break out upon them, or to confess, or to -throw the blame upon the others. He says: - - "I returned to Mr. Spencer. I explained to him how Cromwell had - made use of him. I told him that remarks had been made about the - two, and not very flattering to him, and which he might not care - to hear; and which showed the relative share ascribed to each of - them in the contemplated transaction. He expressed great anxiety - to hear what was said." - -It is to be borne in mind that Spencer was in prayer, with but five -minutes to go upon, when Mackenzie interrupts him with an intimation -of what Small and Cromwell had said of him, and piques his curiosity -to learn it by adding, "which he might not care to hear"--artfully -exciting his curiosity to know what it was. The desire thus excited, -he goes on to tell him that one had called him a damn fool, and the -other had considered him Cromwell's tool: thus: - - "One had told the first lieutenant: 'In my opinion, sir, you - have the damned fool on the larboard arm-chest, and the damned - villain on the starboard.' And another had remarked, that after - the vessel should have been captured by Spencer, Cromwell might - allow him to live, provided he made himself useful; he would - probably make him his secretary." - -Spencer was on the larboard arm-chest; Cromwell on the starboard: so -that Small was the speaker, and the damned fool applied to Spencer, -and the damned villain to Cromwell: and Spencer, who had all along -been the chief, was now to be treated as an instrument, only -escaping with his life if successful in taking the vessel, and, that -upon condition of making himself useful; and then to have no higher -post on the pirate than that of Cromwell's secretary. This was a -hint to Spencer to turn States' evidence against Cromwell, and throw -the whole blame on him. The commander continues, still addressing -himself to Spencer-- - - "_I think this would not have suited your temper._" - -This remark, inquisitively made, and evidently to draw out something -against Cromwell, failed of its object. It drew no remark from -Spencer; it merely acted upon his looks and spirit, according to the -commander--who proceeds in this strain: - - "This effectually aroused him, and his countenance assumed a - demoniacal expression. He said no more of the innocence of - Cromwell. Subsequent circumstances too surely confirmed his - admission of his guilt. He might perhaps have wished to save - him, in fulfilment of some mutual oath." - -This passage requires some explanation. Spencer had always declared -his total ignorance of Cromwell, and of his visionary schemes: he -repeated it earnestly as Mackenzie turned off to go and announce his -fate to him. Having enraged him against the man, he says he now said -no more about Cromwell's innocence; and catching up that silence as -an admission of his guilt, he quotes it as such; but remembering -how often Spencer had absolved him from all knowledge even of his -foolish joking, he supposes he wished to save him--in fulfilment of -some mutual oath. This imagined cause for saving him is shamefully -gratuitous, unwarranted by a word from any delator, not inferrible -from any premises, and atrociously wicked. In fact this whole story -after the commander returned from Small and Cromwell, is without -warrant from any thing tangible. Mackenzie got it from Gansevoort; -and Gansevoort got one half from one, and the other half from -another, without telling which, or when--and it was provably not -then; and considering the atrocity of such a communication to -Spencer at such time, it is certainly less infamous to the captain -and lieutenant to consider it a falsehood of their own invention, -to accomplish their own design. Mackenzie's telling it, however, -was infernal. The commander then goes on with a batch of gratuitous -assumptions, which shows he had no limit in such assumptions but in -his capacity at invention. Hear them! - - "He (Spencer) more probably hoped that he might yet get - possession of the vessel, and carry out the scheme of murder - and outrage matured between them. It was in Cromwell that he - had apparently trusted, in fulfilment of some agreement for a - rescue; and he eloquently plead to Lieutenant Gansevoort when - Cromwell was ironed, for his release, as altogether ignorant of - his designs, and innocent. He had endeavored to make of Elisha - Andrews appearing on the list of the "certain," an _alias_ for - Small, though his name as Small appeared also in the list of - those to effect the murder in the cabin, by falsely asserting - that Small was a feigned name, when he had evidence in a letter - addressed by Small's mother to him that Small was her name as - well as his." - -Assumptions without foundations, inferences without premises, -beliefs without knowledge, thoughts without knowing why, suspicions -without reasons--are all a species of _inventions_ but little -removed from direct falsehood, and leaves the person who indulges in -them without credit for any thing he may say. This was pre-eminently -the case with the commander Slidell Mackenzie, and with all his -informers; and here is a fine specimen of it in himself. First: -the presumed probability that Spencer yet hoped to get possession -of the vessel, and carry out the scheme of murder and piracy which -he had matured. What a presumption in such a case! the case of -men, ironed, bagged and helpless,--standing under the gallows -in the midst of armed men to shoot and stab for a motion or a -sign--and a presumption, not only without a shadow to rest upon, -but contradicted by the entire current of all that was sworn--even -by Garty and Wales. "Fulfilment of secret agreement for rescue." -Secret! Yes! very secret indeed! There was not a man on board the -vessel that ever heard such a word as rescue pronounced until after -the arrests! The crazy misgivings of a terrified imagination could -alone have invented such a scheme of rescue. The name of Small was a -sad stumbling block in the road to his sacrifice, as that of Andrews -to the truth of the razor case paper. One was not in the list, and -the other was not in the ship: and all these forced assumptions were -to reconcile these contradictions; and so the idea of an _alias -dictus_ was fallen upon, though no one had ever heard Small called -Edward Andrews, and his mother, in her letter, gave her own name -as her son's, as Small. Having now succeeded in getting Spencer -enraged against his two companions in death, the commander takes -himself to his real work--that of getting confessions--or getting up -something which could be recorded as confessions, under the pretext -of writing to his father and mother: and to obtain which all this -refined aggravation of the terrors of death had been contrived. -But here recourse must be had to the testimony before the court to -supply details on which the report is silent, or erroneous, and in -which what was omitted must be brought forward to be able to get -at the truth. McKinley swears that he was six or eight feet from -Spencer when the commander asked him if he wished to write. Spencer -answered that he did. An apprentice named Dunn was then ordered -to fetch paper and campstool out of the cabin. Spencer took the -pen in his hand, and said--"I cannot write." "The commander spoke -to him in a low tone. I do not know what he then said. I saw the -commander writing. Whether Mr. Spencer asked him to write for him or -not, I can't say."--Mr. Oliver H. Perry swears: "Saw the commander -order Dunn to bring him paper and ink: saw the commander write: -was four or five feet from him while writing: heard no part of the -conversation between the commander and Spencer: was writing ten or -fifteen minutes."--Other witnesses guess at the time as high as -half an hour. The essential parts of this testimony, are--_first_, -That Spencer's hands were ironed, and that he could not write: -_secondly_, that the commander, instead of releasing his hands, -took the pen and wrote himself: _thirdly_, that he carried on all -his conversation with Spencer in so low a voice that those within -four or five feet of him (and in the deathlike stillness which then -prevailed, and the breathless anxiety of every one) _heard not a -word of what passed between them!_ neither what Mackenzie said to -Spencer, nor Spencer said to him. Now the report of the commander -is silent upon this lowness of tone which could not be heard four -or five feet--silent upon the handcuffs of Spencer--silent upon -the answer of Spencer that he could not write; and for which he -substituted on the court-martial the answer that he "declined to -write"--a substitution which gave rise to a conversation between the -judge advocate and Mackenzie, which the judge advocate reported to -the court in writing; and which all felt to be a false substitution -both upon the testimony, and the facts of the case. A man in iron -handcuffs cannot write! but it was necessary to show him "declining" -in order to give him a recording secretary! And it is silent upon -the great fact that he sat on the arm-chest with Spencer, and -whispering so low that not a human being could hear what passed: -and, consequently, that Mackenzie chose that he himself should be -the recording secretary on that occasion, and that no one could know -whether the record was true or false. The declaration in the report -that Spencer read what was written down, and agreed to it, will be -attended to hereafter. The point at present is the secrecy, and -the fact that the man the most interested in the world in getting -confessions from Spencer, was the recorder of these confessions, -without a witness! without even Wales, Gansevoort, Garty; or any -one of his familiars. For the rest, it becomes a fair question, -which every person can solve for themselves, whether it is possible -for two persons to talk so low to one another for, from a quarter -to half an hour, in such profound stillness, and amidst so much -excited expectation, and no one in arm's length able to hear one -word. If this is deemed impossible, it may be a reasonable belief -that nothing material was said between them--that Mackenzie wrote -without dictation from Spencer; and wrote what the necessity of his -condition required--confessions to supply the place of total want -of proof--admissions of guilt--acknowledgments that he deserved to -die--begging forgiveness. And so large a part of what he reported -was proved to be false, that this reasonable belief of a fabricated -dialogue becomes almost a certainty. - -The commander, now become sole witness of Spencer's last -words--words spoken if at all--after his time on earth was -out--after the announcement in his presence that the ten minutes -were out--and hearing the commander's response to the notification, -"Very well:" this commander thus proceeds with his report: "I -asked him if he had no message to send to his friends? He answered -none that they would wish to receive. When urged still further to -send some words of consolation in so great an affliction, he said, -'Tell them I die wishing them every blessing and happiness. I -deserve death for this and many other crimes--there are few crimes -I have not committed. I feel sincerely penitent, and my only fear -of death is that my repentance may come too late.'"--This is what -the commander reports to the Secretary of the Navy, and which no -human witness could gainsay, because no human being was allowed -to witness what was said at the time; but there is another kind -of testimony, independent of human eyes and ears, and furnished -by the evil-doer himself, often in the very effort to conceal his -guilt, and more convincing than the oath of any witness, and which -fate, or accident, often brings to light for the relief of the -innocent and the confusion of the guilty. And so it was in this -case with Commander Alexander Slidell Mackenzie. That original -record made out upon inaudible whispers on the camp-stool! It still -existed--and was produced in court--and here is the part which -corresponds (should correspond) with this quoted part of the report; -and constituting the first part of the confession: "When asked if -he had any message to send: none that they would wish to receive. -Afterwards, that you die wishing them every blessing and happiness; -deserved death for this and other sins; that you felt sincerely -penitent, and only fear of death was that your repentance might -_be too late_."--Compared together, and it is seen that the words -"other sins," in the third sentence, is changed into "_many other -crimes_,"--words of revoltingly different import--going beyond what -the occasion required--and evidently substituted as an introduction -to the further gratuitous confession: "_There are few crimes -which I have not committed._" Great consolation in this for those -parents for whom the record was made, and who never saw it except -as promulgated through the public press. In any court of justice -the entire report would be discredited upon this view of flagrant -and wicked falsifications. For the rest, there is proof that the -first sentence is a fabrication. It is to be recollected that this -inquiry as to Spencer's wishes to communicate with his parents was -made publicly, and before the pen, ink and paper was sent for, -and that the answer was the inducement to send for those writing -materials. That public answer was heard by those around, and was -thus proved before the court-martial--McKinley the witness: "_The -commander asked him if he wished to write?_ Mr. Spencer said he did. -The commander ordered Dunn to fetch paper and campstool out of the -cabin. Spencer took the pen in his hand--he said, 'I cannot write.' -The commander spoke to him in a low tone: I do not know what he then -said. I saw the commander writing." This testimony contradicts the -made-up report, in showing that Spencer was asked to write himself, -instead of sending a message: that the declaration, "_nothing that -they would wish to hear_," is a fabricated addition to what he did -say--and that he was prevented from writing, not from disinclination -and declining, as the commander attempted to make out, but because -upon trial--after taking the pen in his hand--he could not with his -handcuffs on. Certainly this was understood beforehand. Men do not -write in iron handcuffs. They were left on to permit the commander -to become his secretary, and to send a message for him: which -message he never sent! the promise to do so being a mere contrivance -to get a chance of writing for the Secretary of the Navy, and the -public. - -The official report continues: "I asked him if there was any one he -had injured, to whom he could yet make reparation--any one suffering -obloquy for crimes which he had committed. He made no answer; but -soon after continued: 'I have wronged many persons, but chiefly my -parents.' He said 'this will kill my poor mother.' I was not before -aware that he had a mother." The corresponding sentences in the -original, run thus: "Many that he had wronged, but did not know how -reparation could be made to them. Your parents most wronged ... -himself by saying he had entertained same idea in John Adams and -Potomac, but had not ripened into.... Do you not think that such -a mania should ... certainly. Objected to manner of death." The -dots in place of words indicate the places where the writing was -illegible. The remarkable variations between the report and the -original in these sentences is, that the original leaves out all -those crimes which he had committed, and which were bringing obloquy -upon others, and to which he made no answer, but shows that he did -make answer as to having wronged persons, and that answer was, that -he did not know how reparation could be made. There is no mention -of mother in this part of the original--it comes in long after. -Then the John Adams and the Potomac, which are here mentioned in -the twelfth line of the original, only appear in the fifty-sixth -in the report--and the long gap filled up with things not in the -original--and the word "idea," as attributed to Spencer, substituted -by "mania." - -The report continues (and here it is told once for all, that the -quotations both from the report and the original, of which it -should be a copy, follow each in its place in consecutive order, -leaving no gap between each quoted part and what preceded it): -"_when recovered from the pain of this announcement (the effect -upon his mother)_, I asked him if it would not have been still more -dreadful had he succeeded in his attempt, murdered the officers and -the greater part of the crew of the vessel, and run that career -of crime which, with so much satisfaction he had marked out for -himself: he replied after a pause; 'I do not know what would have -become of me if I had succeeded.' I told him Cromwell would soon -have made way with him, and McKinley would probably have cleared -the whole of them from his path." The corresponding part of the -original runs thus: "Objected to manner of death: requested to be -shot. Could not make any distinction between him and those he had -seduced. Justifiable desire at first to.... The last words he had to -say, and hoped they would be believed, that Cromwell was innocent -... Cromwell. Admitted it was just that no distinction should be -made."--This is the consecutive part in the original, beginning in -utter variance with what should be its counterpart--hardly touching -the same points--leaving out all the cruel reproaches which the -official report heaps upon Spencer--ending with the introduction of -Cromwell, but without the innocence which the original contains, -with the substitution of Cromwell's destruction of him, and with -the addition of McKinley's destruction of them all, and ultimate -attainment of the chief place in that long career of piracy which -was to be ran--and ran in that state of the world in which no pirate -could live at all. What was actually said about Cromwell's innocence -by Spencer and by McKinley as coming from Cromwell "to stir up the -devil between them," as the historian Cooper remarked, was said -before this writing commenced! said when Mackenzie returned from -announcing the ten minutes lease of life to him and Small! which -Mackenzie himself had reported in a previous part of his report, -before the writing materials were sent for: and now, strange enough, -introduced again in an after place, but with such alterations and -additions as barely to leave their identity discoverable. - -The official report proceeds: "'I fear,' said he, 'this may injure -my father.' I told him it was too late to think of that--that -had he succeeded in his wishes it would have injured his father -much more--that had it been possible to have taken him home as I -intended to do, it was not in nature that his father should not have -interfered to save him--_that for those who have friends or money -in America there was no punishment for the worst of crimes_--that -though this had nothing to do with my determination, which had -been forced upon me in spite of every effort I had made to avert -it, I, on this account the less regretted the dilemma in which I -was placed: it would injure his father a great deal more if he -got home alive, should he be condemned and yet escape. The best -and only service which he could do his father was to die."--Now -from the original, beginning at the end of the last quotation: -"Asked that his face might be covered. Granted. When he found -that his repentance might not be in season, I referred him to the -story of the penitent thief. Tried to find it. Could not. Read the -Bible, the prayer-book. Did not know what would have become of -him if he had succeeded. Makes no objection to death, but objects -to time. Reasons--God would understand of him offences ... many -crimes. Dies, praying God to bless and preserve.... I am afraid -this will injure my father."--The quotation from the report opens -with apprehended fear of injury to his father: it concludes with -commending him to die, as the only service he could render that -parent: and the whole is taken up with that topic, and crowned -with the assertion that, for those who have friends or money in -America there is no punishment for the worst of crimes--a sweeping -reproach upon the American judiciary; and, however unfounded in his -broad denunciation, may he not himself have counted on the benefit -of the laxity of justice which he denounced? and--more--did he not -receive it? The rest of the paragraph is only remarkable for the -declaration of the intention to have brought his prisoners home, and -of the change, of which intention they had no notice until placed -in the presence of the completed preparations for death, and told -they had but ten minutes, by the watch, to live.--Turning to the -original of this paragraph, and it will be seen that it opens with -preparations for death--goes on in the same spirit--barely mentions -his father--and ends with his death--"_dies praying God to bless -and preserve_".... This is evidently the termination of the whole -scene. It carries him through the last preparations, and ends his -life--sees him die praying to God. Now does the report give any -of these circumstances? None. Does the report stop there? It does -not. Does it go on? Yes: two hundred and thirty lines further. And -the original record go on further? Yes: sixty lines further--which -was just double the distance it had come. Here was a puzzle. The -man to be talking double as much after his death as before it. -This solecism required a solution--and received it before the -court-martial: and the solution was that this double quantity was -written after hanging--how long, not stated--but after it. Before -the court Mackenzie delivered in a written and sworn statement, -that his record embracing what was taken down from the lips of -Spencer finished at the sentence--"_I am afraid this will injure my -father_:" and that the remainder was written shortly afterwards. Now -the part written before the death was thirty-three lines: the part -written shortly after it, is above fifty. This solecism explained, -another difficulty immediately arises. The commander reported that, -"he (Spencer) _read over what he (Mackenzie) had written down_," -and agreed to it all, with one exception--which was corrected. Now -he could not have read the fifty odd lines which were written after -his death. (All the lines here mentioned are the short ones in the -double column pages of the published, "Official Proceedings of the -Naval Court Martial.)" These fifty odd lines could not have been -read by Spencer. That is certain. The previous thirty-three it is -morally certain he never read. They are in some places illegible--in -others unintelligible; and are printed in the official report with -blanks because there were parts which could not be read. No witness -says they were read by Spencer. - -The additional fifty odd lines, expanded by additions and variations -into about two hundred in the official report, requires but a brief -notice, parts of it being amplifications and aggravations of what -had been previously noted, and additional insults to Spencer; with -an accumulation of acknowledgments of guilt, of willingness to die, -of obligations to the commander, and entreaties for his forgiveness. -One part of the reported scene was even more than usually inhuman. -Spencer said to him: "But are you not going too far? are you -not too fast? does the law entirely justify you?" To this the -commander represents himself as replying: "That he (Spencer) had not -consulted him in his arrangements--that his opinion could not be an -unprejudiced one--that I had consulted all his brother officers, -his messmates included, except the boys; and I placed before him -their opinion. He stated that it was just--that he deserved death," -For the honor of human nature it is to be hoped that Mackenzie -reports himself falsely here--which is probable, both on its face, -and because it is not in the original record. The commander says -that he begged for one hour to prepare himself for death, saying -the time is so short, asking if there was time for repentance, and -if he could be changed so soon (from sin to grace). To the request -for the hour, the commander says no answer was given: to the other -parts he reminded him of the _thief_ on the cross, who was pardoned -by our Saviour, and that for the rest, God would understand the -difficulties of his situation and be merciful. The commander also -represents himself as recapitulating to Spencer the arts he had used -to seduce the crew. The commander says upwards of an hour elapsed -before the hanging: he might have said two hours: for the doom of -the prisoners was announced at about eleven, and they were hung at -one. But no part of this delay was for their benefit, as he would -make believe, but for his own, to get confessions under the agonies -of terror. No part of it--not even the whole ten minutes--was -allowed to Spencer to make his peace with God; but continually -interrupted, questioned, outraged, inflamed against his companions -in death, he had his devotions broken in upon, and himself deprived -of one peaceful moment to commune with God. - -The report of the confessions is false upon its face: it is also -invalidated by other matter within itself, showing that Mackenzie -had two opposite ways of speaking of the same person, and of the -same incident, before and after the design upon Spencer's life. I -speak of the attempt, and of the reasons given for it, to get the -young man transferred to another vessel before sailing from New -York. According to the account given first of these reasons, and -at the time, the desire to get him out of the Somers was entirely -occasioned by the crowded state of the midshipmen's room--seven, -where only five could be accommodated. Thus: - - "When we were on the eve of sailing, two midshipmen who had been - with me before, and in whom I had confidence, joined the vessel. - This carried to seven, the number to occupy a space capable - of accommodating only five. I had heard that Mr. Spencer had - expressed a willingness to be transferred from the Somers to the - Grampus. I directed Lieut. Gansevoort to say to him that if he - would apply to Commodore Perry to detach him (there was no time - to communicate with the Navy Department), I would second the - application. He made the application; I seconded it, earnestly - urging that it should be granted on the score of the comfort - of the young officers. The commodore declined detaching Mr. - Spencer, but offered to detach midshipman Henry Rodgers, who had - been last ordered. I could not consent to part with Midshipman - Rodgers, whom I knew to be a seaman, an officer, a gentleman; a - young man of high attainments within his profession and beyond - it. The Somers sailed with seven in her steerage. They could not - all sit together round the table. The two oldest and most useful - had no lockers to put their clothes in, and have slept during - the cruise on the steerage deck, the camp-stools, the booms, in - the tops, or in the quarter boats." - -Nothing can be clearer than this statement. It was to relieve the -steerage room where the young midshipmen congregated, that the -transfer of Spencer was requested; and this was after Captain -Mackenzie had been informed that the young man had been dismissed -from the Brazilian squadron, for drunkenness. "And this fact," he -said, "made me very desirous of his removal from the vessel, chiefly -on account of the young men who were to mess and be associated with -him, the rather that two of them were connected with me by blood and -two by marriage; and all four intrusted to my especial care." After -the deaths he wrote of the same incident in these words: - - "The circumstance of Mr. Spencer's being the son of a high - officer of the government, by enhancing his baseness in my - estimation, made me more desirous to be rid of him. On this - point I beg that I may not be misunderstood. I revere authority. - I recognize, in the exercise of its higher functions in this - free country, the evidences of genius, intelligence, and virtue; - but I have no respect for the base son of an honored father; - on the contrary, I consider that he who, by misconduct sullies - the lustre of an honorable name, is more culpable than the - unfriended individual whose disgrace falls only on himself. I - wish, however, to have nothing to do with baseness in any shape; - the navy is not the place for it. On these accounts I readily - sought the first opportunity of getting rid of Mr. Spencer." - -Here the word base, as applicable to the young Spencer, occurs -three times in a brief paragraph, and this baseness is given as the -reason for wishing to get the young man, not out of the ship, but -out of the navy! And this sentiment was so strong, that reverence -for Spencer's father could not control it. He could have nothing to -do with baseness. The navy is not the place for it. Now all this -was written after the young man was dead, and when it was necessary -to make out a case of justification for putting him, not out of the -ship, nor even out of the navy, but out of the world. This was an -altered state of the case, and the captain's report accommodated -itself to this alteration. The reasons now given go to the baseness -of the young man: those which existed at the time, went to the -comfort of the four midshipmen, connected by blood and alliance -with the captain, and committed to his special care:--as if all in -the ship were not committed to his special care, and that by the -laws of the land--and without preference to relations. The captain -even goes into an account of his own high moral feelings at the -time, and disregard of persons high in power, in showing that he -then acted upon a sense of Spencer's baseness, maugre the reverence -he had for his father and his cabinet position. Every body sees -that these are contradictions--that all this talk about baseness -is after-talk--that all these fine sentiments are of subsequent -conception: in fact, that the first reasons were those of the time, -before he expected to put the young man to death, and the next -after he had done it! and when the deed exacted a justification, -and that at any cost of invention and fabrication. The two accounts -are sufficient to establish one of those errors of fact which the -law considers as discrediting a witness in all that he says. But -it is not all the proof of erroneous statement which the double -relation of this incident affords: there is another, equally -flagrant. The captain, in his after account, repulses association -with baseness, that is with Spencer, in any shape: his elaborate -report superabounds with expressions of the regard with which he had -treated him during the voyage, and even exacts acknowledgment of -his kindness while endeavoring to torture out of him confessions of -guilt. - -The case of Spencer was now over: the cases of Small and Cromwell -were briefly despatched. The commander contrived to make the three -victims meet in a narrow way going to the sacrifice, all manacled -and hobbling along, helped along, for they could not walk, by -persons appointed to that duty. Gansevoort helped Spencer--a place -to which he had entitled himself by the zeal with which he had -pursued him. The object of the meeting was seen in the use that was -made of it. It was to have a scene of crimination and recrimination -between the prisoners, in which mutual accusations were to help out -the miserable testimony and the imputed confessions. They are all -made to stop together. Spencer is made to ask the pardon of Small -for having seduced him: Small is made to answer, and with a look -of horror--"_No, by God!_" an answer very little in keeping with -the lowly and Christian character of Small, and rebutted by ample -negative testimony: for this took place after the secret whispering -was over, and in the presence of many. Even Gansevoort, in giving a -minute account of this interview, reports nothing like it, nor any -thing on which it could be founded. Small really seems to have been -a gentle and mild man, imbued with kind and pious feelings, and no -part of his conduct corresponds with the brutal answer to Spencer -attributed to him. When asked if he had any message to send, he -answered, "I have nobody to care for me but a poor old mother, and -I had rather she did not know how I died." In his Bible was found -a letter from his mother, filled with affectionate expressions. In -that letter the mother had rejoiced that her son was contented and -happy, as he had informed her; upon which the commander maliciously -remarked, in his report, "that was before his acquaintance with -Spencer." There was nothing against him, but in the story of the -informer, Wales. He instantly admitted his "foolish conversations" -with Spencer when arrested, but said it was no mutiny. When -standing under the ship gallows (yard-arm) he began a speech to his -shipmates, declaring his innocence, saying "I am no pirate: I never -murdered any body!" At these words Mackenzie sung out to Gansevoort, -"Is that right?" meaning, ought he to be allowed to speak so? He -was soon stopped, and Gansevoort swears he said "he deserved his -punishment." Cromwell protested his innocence to the last, and with -evident truth. When arrested, he declared he knew nothing about the -mutiny, and the commander told him he was to be carried home with -Spencer to be tried; to which he answered, "I assure you I know -nothing about it." His name was not on the razor-case paper. Spencer -had declared his ignorance of all his talk, when the commander -commenced his efforts, under the ten minutes' reprieve, to get -confessions, and when Spencer said to him, as he turned off to go -to Small and Cromwell with the ten minutes' news--the first they -heard of it: "As these are the last words I have to say, I trust -they will be believed: Cromwell is innocent." When told his doom, -he (Cromwell) exclaimed, "God of the Universe look down upon me; I -am innocent! Tell my wife--tell Lieutenant Morris I die innocent!" -The last time that Mackenzie had spoken to him before was to tell -him he would be carried to the United States for trial. The meeting -of the three victims was crowned by reporting them, not only as -confessing, and admitting the justice of their deaths, but even -praising it, as to the honor of the flag, and--penitently begging -pardon and forgiveness from the commander and his lieutenant!--and -they mercifully granting the pardon and forgiveness! The original -record says there were no "hangmen" on board the ship: but that made -no balk. The death signal, and command, were given by the commander -and his lieutenant--the former firing the signal gun himself--the -other singing out "whip!" at which word the three wretched men -went up with a violent jerk to the yard-arm. There is something -unintelligible about Cromwell in the last words of this original -"record." It says: "S. Small stept up. Cromwell overboard, rose -dipping to yard-arm." Upon which the editor remarks: "The above -paper of Commander Mackenzie is so illegible, as not to be correctly -written" (copied). Yet it was this paper that Spencer is officially -reported to have read while waiting to be jerked up, and to have -agreed to its correctness--and near two-thirds of which were not -written until after his death! - -The men were dead, and died innocent, as history will tell and -show. Why such conduct towards them--not only the killing, but -the cruel aggravations? The historian Cooper, in solving this -question, says that such was the obliquity of intellect shown by -Mackenzie in the whole affair, that no analysis of his motives -can be made on any consistent principle of human action. This -writer looks upon personal resentment as having been the cause of -the deaths, and terror, and a desire to create terror, the cause -of the aggravations. Both Spencer and Cromwell had indulged in -language which must have been peculiarly offensive to a man of -the commander's temperament, and opinion of himself--an author, -an orator, a fine officer. They habitually spoke of him before -the crew, as "the old humbug--the old fool;" graceless epithets, -plentifully garnished with the prefix of "damned;" and which were so -reported to the captain (after the discovery of the mutiny--never -before) as to appear to him to be "blasphemous vituperation." This -is the only tangible cause for hanging Spencer and Cromwell, and as -for poor Small, it would seem that his knowledge of navigation, and -the necessity of having three mutineers, decided his fate: for his -name is on neither of the three lists (though on the distribution -list), and he frankly told the commander of Spencer's foolish -conversations--always adding, it was no mutiny. These are the only -tangible, or visible causes for putting the men to death. The reason -for doing it at the time it was done, was for fear of losing the -excuse to do it. The vessel was within a day and a half of St. -Thomas, where she was ordered to go--within less time of many other -islands to which she might go--in a place to meet vessels at any -time, one of which she saw nearly in her course, and would not go -to it. The excuse for not going to these near islands, or joining -the vessel seen, was that it was disgraceful to a man-of-war to -seek protection from foreigners! as if it was more honorable to -murder than to take such protection. But the excuse was proved to -be false; for it was admitted the vessel seen was too far off to -know her national character: therefore, she was not avoided as a -foreigner, but for fear she might be American. The same of the -islands: American vessels were sure to be at them, and therefore -these islands were not gone to. It was therefore indispensable to do -the work before they got to St. Thomas, and all the machinery of new -arrests, and rescue was to justify that consummation. And as for not -being able to carry the ship to St. Thomas, with an obedient crew of -100 men, it was a story not to be told in a service where Lieutenant -John Rodgers and Midshipman Porter, with 11 men, conducted a French -frigate with 173 French prisoners, three days and nights, into safe -port. - -The three men having hung until they ceased to give signs of -life, and still hanging up, the crew were piped down to dinner, -and to hear a speech from the commander, and to celebrate divine -service--of which several performances the commander gives this -account in his official report: - - "The crew were now piped down from witnessing punishment, and - all hands called to cheer ship. I gave the order, 'stand by to - give three hearty cheers for the flag of our country!' Never - were three heartier cheers given. In that electric moment I - do not doubt that the patriotism of even the worst of the - conspirators for an instant broke forth. I felt that I was once - more completely commander of the vessel which had been entrusted - to me; equal to do with her whatever the honor of my country - might require. The crew were now piped down and piped to dinner. - I noticed with pain that many of the boys, as they looked to the - yard-arm, indulged in laughter and derision." - -He also gives an impressive account of the religious service which -was performed, the punctuality and devotion with which it was -attended, and the appropriate prayer--that of thanks to God for -deliverance from a great danger--with which it was concluded. - - "The service was then read, the responses audibly and devoutly - made by the officers and crew, and the bodies consigned to the - deep. This service was closed with that prayer so appropriate - to our situation, appointed to be read in our ships of war, - 'Preserve us from the dangers of the sea, and from the violence - of enemies; that we may be a safeguard to the United States of - America, and a security for such as pass on the seas upon their - lawful occasions; that the inhabitants of our land may in peace - and quietude serve thee our God; and that we may return in - safety to enjoy the blessings of our land, with the fruits of - our labor, with a thankful remembrance of thy mercies, to praise - and glorify thy holy name through Jesus Christ our Lord.'" - -This religious celebration concluded, and the prayer read, the -commander indulges in a remark upon their escape from a danger -plotted before the ship left the United States, as unfeeling, -inhuman and impious at the time, as it was afterwards proved to -be false and wicked. After the arrest of Spencer, the delators -discovered that he had meditated these crimes before he left the -United States, and had let his intention become known at a house in -the Bowery at New York. In reference to that early inception of the -plot, now just found out by the commander, he thus remarks: - - "In reading this (prayer) and in recollecting the uses to which - the Somers had been destined, as I now find, before she quitted - the waters of the United States, I could not but humbly hope - that divine sanction would not be wanting to the deed of that - day." - -Here it is assumed for certain that piratical uses were intended -for the vessel by Spencer before he left New York; and upon that -assumption the favor of Heaven was humbly hoped for in looking down -upon the deed of that day. Now what should be the look of Heaven -if all this early plotting should be a false imputation--a mere -invention--as it was proved to be. Before the court-martial it was -proved that the sailor boarding-house remark about this danger -to the Somers, was made by another person, and before Spencer -joined the vessel--and from which vessel the commander knew he had -endeavored to get transferred to the Grampus, after he had come into -her--the commander himself being the organ of his wishes. Foiled -before the court in attaching this boarding-house remark to Spencer, -the delators before the court undertook to fasten it upon Cromwell: -there again the same fate befell them: the remark was proved to have -been made by a man of the name of Phelps, and before Cromwell had -joined the vessel: and so ended this last false and foul insinuation -in his report. - -The commander then made a speech, whereof he incorporates a synopsis -in his report; and of which, with its capital effects upon the crew, -he gives this account: - - "The crew were now ordered aft, and I addressed them from the - trunk, on which I was standing. I called their attention first - to the fate of the unfortunate young man, whose ill-regulated - ambition, directed to the most infamous ends, had been the - exciting cause of the tragedy they had just witnessed. I spoke - of his honored parents, of his distinguished father, whose - talents and character had raised him to one of the highest - stations in the land, to be one of the six appointed counsellors - of the representative of our national sovereignty. I spoke of - the distinguished social position to which this young man had - been born; of the advantages of every sort that attended the - outset of his career, and of the professional honors to which a - long, steady, and faithful perseverance in the course of duty - might ultimately have raised him. After a few months' service - at sea, most wretchedly employed, so for as the acquisition of - professional knowledge was concerned, he had aspired to supplant - me in a command which I had only reached after nearly 30 years - of faithful servitude; and for what object I had already - explained to them. I told them that their future fortunes were - in their own control: they had advantages of every sort and in - an eminent degree for the attainment of professional knowledge. - The situations of warrant officers and of masters in the navy - were open to them. They might rise to commands in the merchant - service, to respectability, to competence, and to fortune; but - they must advance regularly, and step by step; every step to be - sure, must be guided by truth, honor, and fidelity. I called - their attention to Cromwell's case. He must have received an - excellent education, his handwriting was even elegant. But he - had also fallen through brutish sensuality and the greedy thirst - for gold." - -But there was another speech on the Sunday following, of which -the commander furnishes no report, but of which some parts were -remembered by hearers--as thus by McKee:--(the judge advocate having -put the question to him whether he had heard the commander's -addresses to the crew after the execution). Answer: "I heard him on -the Sunday after the execution: he read Mr. Spencer's letters: he -said he was satisfied the young man had been lying to him for half -an hour before his death." Another witness swore to the same words, -with the addition, "that he died with a lie in his mouth." Another -witness (Green) gives a further view into this letter-reading, and -affords a glimpse of the object of such a piece of brutality. In -answer to the same question, if he heard the commander's speech the -Sunday after the execution? He answered, "Yes, sir. I heard him -read over Mr. Spencer's letter, and pass a good many remarks on it. -He said that Cromwell had been very cruel to the boys: that he had -called him aft, and spoke to him about it several times. To the -question, Did he say any thing of Mr. Spencer? he answered--"Yes, -sir. He said he left his friends, lost all his clothes, and shipped -in a whaling vessel." To the question whether any thing was said -about Mr. Spencer's truth or falsehood? he answered: "I heard the -commander say, this young man died with a lie in his mouth; but do -not know whether he meant Mr. Spencer, or some one else." It is -certain the commander was making a base use of these letters, as he -makes no mention of them any where, and they seem to have been used -solely to excite the crew against Cromwell and Spencer. - -In finding the mother's letter in Small's bible, the captain finds -occasion to make two innuendos against the dead Spencer, then still -hanging up. He says: - - "She expressed the joy with which she had learned from him that - he was so happy on board the Somers (at that time Mr. Spencer - had not joined her); that no grog was served on board of her. - Within the folds of this sacred volume he had preserved a copy - of verses taken from the Sailor's Magazine, enforcing the value - of the bible to seamen. I read these verses to the crew. Small - had evidently valued his bible, but could not resist temptation." - -This happiness of Small is discriminated from his acquaintance with -Spencer: it was before the time that Spencer joined the ship! as -if his misery began from that time! when it only commenced from -the time he was seized and ironed for mutiny. Then the temptation -which he could not resist, _innuendo_, tempted by Spencer--of which -there was not even a tangible hearsay, and no temptation necessary. -Poor Small was an habitual drunkard, and drank all that he could -get--his only fault, as it seems. But this bible of Small's gave -occasion to another speech, and moral and religious harangue, of -which the captain gave a report, too long to be noticed here except -for its characteristics, and which go to elucidate the temper and -state of mind in which things were done: - - "I urged upon the youthful sailors to cherish their bibles - with a more entire love than Small had done; to value their - prayer books also; they would find in them a prayer for every - necessity, however great; a medicine for every ailment of the - mind. I endeavored to call to their recollection the terror - with which the three malefactors had found themselves suddenly - called to enter the presence of an offended God. No one who - had witnessed that scene could for a moment believe even in - the existence of such a feeling as honest Atheism: a disbelief - in the existence of a God. They should also remember that - scene. They should also remember that Mr. Spencer, in his last - moments, had said that 'he had wronged many people, but chiefly - his parents.' From these two circumstances they might draw two - useful lessons: a lesson of filial piety, and of piety toward - God. With these two principles for their guides they could never - go astray." - -This speech was concluded with giving cheers to God, not by -actual shouting, but by singing the hundredth psalm, and cheering -again--all for deliverance from the hands of the pirates. Thus: - - "In conclusion, I told them that they had shown that they could - give cheers for their country; they should now give cheers to - their God, for they would do this when they sung praises to - his name. The colors were now hoisted, and above the American - ensign, the only banner to which it may give place, the banner - of the cross. The hundredth psalm was now sung by all the - officers and crew. After which, the usual service followed; - when it was over, I could not avoid contrasting the spectacle - presented on that day by the Somers, with what it would have - been in pirates' hands." - -During all this time the four other men in irons sat manacled behind -the captain, and he exults in telling the fine effects of his -speaking on these "deeply guilty," as well as upon all the rest of -the ship's crew. - - "But on this subject I forbear to enlarge. I would not have - described the scene at all, so different from the ordinary - topics of an official communication, but for the unwonted - circumstances in which we were placed, and the marked effect - which it produced on the ship's company, even on those deeply - guilty members of it who sat manacled behind me, and that it was - considered to have done much towards restoring the allegiance of - the crew." - -Of these deeply guilty, swelled to twelve before the ship got -home, three appeared before the court-martial, and gave in their -experience of that day's work. McKee, the first one, testifies -that he had so little suspicion of what was going on, that, when -he saw the commander come upon deck in full uniform, he supposed -that some ship was seen, and that it was the intention to visit -or speak her. To the question, what passed between yourself and -the commander, after the execution? he answered: "He said he could -find nothing against any of the four that were then in irons--if -he had found any proof our fate would have been the same; and if -he could find any excuse for not taking them home in irons, he -would do so. I understood him to mean he would release them from -their irons." Green, another of them, in answer to the question -whether the commander spoke to him after hanging, answered--"Yes, -sir. He said he could not find any thing against us; if he could, -our fate would have been the same as the other three. He asked me -if I was satisfied with it?" McKinley was the third, and to the -same question, whether the commander spoke to him on the day of the -executions? he answered--"He did while the men were hanging at the -yard arm, but not before. He came to me, and said, 'McKinley, did -you hear what I said to those other young men?' I told him, 'No, -sir.' 'Well,' said he, 'it is the general opinion of the officers -that you are a pretty good boy, but I shall have to take you home -in irons, to see what the Secretary of the Navy can do for you.' -He said: 'In risking your life for other persons (or something to -that effect) is all that saves you.' He left me then, and I spoke -to Mr. Gansevoort--I asked him if he thought the commander thought -I was guilty of any thing of the kind. He said: 'No, I assure you -if he did, he would have strung you up.'" Wilson, the fourth of -the arrested, was not examined before the court; but the evidence -of three of them, with McKenzie's refusal to proceed against them -in New York, and the attempt to tamper with one of them, is proof -enough that he had no accusation against these four men: that they -were arrested to fulfil the condition on which the first three were -to be hanged, and to be brought home in irons with eight others, to -keep up the idea of mutiny. - -The report having finished the history of the mutiny--its detection, -suppression, execution of the ringleaders, and seizure of the rest -(twelve in all) to be brought home in bags and irons--goes on, like -a military report after a great victory, to point out for the notice -and favor of the government, the different officers and men who -had distinguished themselves in the affair, and to demand suitable -rewards for each one according to his station and merits. This -concluding part opened thus: - - "In closing this report, a pleasing, yet solemn duty devolves - upon me, which I feel unable adequately to fulfil--to do justice - to the noble conduct of every one of the officers of the Somers, - from the first lieutenant to the commander's clerk, who has - also, since her equipment, performed the duty of midshipman. - Throughout the whole duration of the difficulties in which - we have been involved, their conduct has been courageous, - determined, calm, self-possessed--animated and upheld always by - a lofty and chivalrous patriotism, perpetually armed by day and - by night, waking and sleeping, with pistols often cocked for - hours together." - -The commander, after this general encomium, brings forward the -distinguished, one by one, beginning of course with his first -lieutenant: - - "I cannot forbear to speak particularly of Lieutenant - Gansevoort. Next to me in rank on board the Somers, he was my - equal in every respect to protect and defend her. The perfect - harmony of our opinions, and of our views of what should be - done, on each new development of the dangers which menaced the - integrity of command, gave us a unity of action that added - materially to our strength. Never since the existence of our - navy has a commanding officer been more ably and zealously - seconded by his lieutenant." - -Leaving out every thing minor, and dependent upon the oaths of -others, there are some things sworn to by Gansevoort himself which -derogate from his chivalrous patriotism. _First_, going round to the -officers who were to sit in council upon the three prisoners, and -taking their agreement to execute the three on hand if more arrests -were made. _Secondly_, encouraging and making those arrests on -which the lives of the three depended. _Thirdly_, going out of the -council to obtain from Spencer further proofs of his guilt--Spencer -not knowing for what purpose he was thus interrogated. _Fourthly_, -his calmness and self-possession were shown in the fire of his -pistol while assisting to arrest Cromwell, and in that consternation -inspired in him at the running towards where he was of a cluster -of the apprentice boys, scampering on to avoid the boatswain's -colt--a slender cord to whip them over the clothes, like a switch. -Midshipman Rodgers had gone aft, or forward, as the case may be, to -drive a parcel of these boys to their duty, taking the boatswain -along to apply his colt to all the hindmost. Of course the boys -scampered briskly to escape the colt. The lieutenant heard them -coming--thought they were the mutineers--sung out, God! they are -coming--levelled his revolver, and was only prevented from giving -them the contents of the six barrels, had they not sung out "It -is me--it is me;" for that is what the witnesses stated. But the -richness of the scene can only be fully seen from the lieutenant's -own account of it, which he gave before the court with evident -self-satisfaction: "The commander and myself were standing on the -larboard side of the quarter deck, at the after end of the trunk: -we were in conversation: it was dark at the time. I heard an -unusual noise--a rushing aft toward the quarter deck; I said to the -commander, 'God! I believe they are coming.' I had one of Colt's -pistols, which I immediately drew and cocked: the commander said his -pistols were below. I jumped on the trunk, and ran forward to meet -them. As I was going along I sung out to them not to come aft. I -told them I would blow the first man's brains out who would put his -foot on the quarter deck. I held my pistol pointed at the tallest -man that I saw in the starboard gangway, and I think Mr. Rodgers -sung out to me, that he was sending the men aft to the mast rope. -I then told them they must have no such unusual movements on board -the vessel: what they did, they must do in their usual manner: they -knew the state of the vessel, and might get their brains blown out -before they were aware of it. Some other short remarks, I do not -recollect at this time what they were, and ordered them to come aft -and man the mast rope: to move quietly." To finish this view of Mr. -Gansevoort's self-possession, and the value of his "beliefs," it is -only necessary to know that, besides letting off his pistol when -Cromwell was arrested, he swore before the court that, "I had an -idea that he (Cromwell) meant to take me overboard with him," when -they shook hands under the gallows yard arm, and under that idea, -"turned my arm to get clear of his grasp." - -The two non-combatants, purser Heiskill and assistant surgeon -Leecock, come in for high applause, although for the low business of -watching the crew and guarding the prisoners. The report thus brings -them forward: - - "Where all, without exception, have behaved admirably, it might - seem invidious to particularize: yet I cannot refrain calling - your attention to the noble conduct of purser H. W. Heiskill, - and passed assistant surgeon Leecock, for the services which - they so freely yielded beyond the sphere of their immediate - duties." - -The only specification of this noble conduct, and of these services -beyond their proper sphere, which is given in the report, is -contained in this sentence: - - "Both he and Mr. Heiskill cheerfully obeyed my orders to go - perpetually armed, to keep a regular watch, to guard the - prisoners: the worst weather could not drive them from their - posts, or draw from their lips a murmur." - -To these specifications of noble conduct, and extra service, might -have been added those of eaves-dropping and delation--capacity to -find the same symptoms of guilt in opposite words and acts--sitting -in council to judge three men whom they had agreed with Gansevoort -two days before to hang if necessary to make more arrests, and which -arrests, four in number, were made with their concurrence and full -approbation. Finally, he might have told that this Heiskill was a -link in the chain of the revelation of the mutinous and piratical -plot. He was the purser of whom Wales was the steward, and to whom -Wales revealed the plot--he then revealing to Gansevoort--and -Gansevoort to Mackenzie. It was, then, through his subordinate (and -who was then stealing his liquor) and himself that the plot was -detected. - -A general presentation of government thanks to all the officers, is -next requested by the lieutenant: - - "I respectfully request that the thanks of the Navy Department - may be presented to all the officers of the Somers, for their - exertions in the critical situation in which she has been - placed. It is true they have but performed their duty, but they - have performed it with fidelity and zeal." - -The purser's steward, Wales, is then specially and encomiastically -presented, and a specific high reward solicited for him: - - "I respectfully submit, that Mr. J. W. Wales, by his coolness, - his presence of mind, and his fidelity, has rendered to the - American navy a memorable service. I had a trifling difficulty - with him, not discreditable to his character, on the previous - cruise to Porto Rico--on that account he was sought out, and - tampered with. But he was honest, patriotic, humane; he resisted - temptation, was faithful to his flag, and was instrumental - in saving it from dishonor. A pursership in the navy, or a - handsome pecuniary reward, would after all be an inconsiderable - recompense, compared with the magnitude of his services." - -Of this individual the commander had previously reported a -contrivance to make a mistake in doubling the allowed quantity of -brandy carried out on the cruise, saying: "By accident, as it was -thought at the time, but subsequent developments would rather go -to prove by design, he (Wales) had contrived to make a mistake, -and the supply of brandy was ordered from two different groceries; -thus doubling the quantity intended to be taken." Of this double -supply of brandy thus contrived to be taken out, the commander -reports Wales for continual "_stealing_" of it--always adding that -he was seduced into these "thefts" by Spencer. Being a temperance -man, the commander eschews the use of this brandy on board, except -furtively for the corruption of the crew by Spencer through the -seduction of the steward: thus: "None of the brandy was used in the -mess, and all of it is still on board except what was stolen by the -steward at the request of Mr. Spencer, and drank by him, and those -he endeavored to corrupt." By his own story this Wales comes under -the terms of Lord Hale's idea of a "desperate villain"--a fellow who -joins in a crime, gets the confidence of accomplices, then informs -upon them, gets them hanged, and receives a reward. This was the -conduct of Wales upon his own showing: and of such informers the -pious and mild Lord Hale judicially declared his abhorrence--held -their swearing unworthy of credit unless corroborated--said that -they had done more mischief in getting innocent people punished -than they had ever done good in bringing criminals to justice. Upon -this view of his conduct, then, this Wales comes under the legal -idea of a desperate villain. Legal presumptions would leave him -in this category but the steward and the commander have not left -it there. They have lifted a corner of the curtain which conceals -an unmentionable transaction, to which these two persons were -parties--which was heard of, but not understood by the crew--which -was hugger-muggered into a settlement between them about the time -of Spencer's arrest, though originating the preceding cruise--which -neither would explain--which no one could name--and of which -Heiskill, the intermediate between his steward and the commander, -could know nothing except that it was of a "delicate nature," and -that it had been settled between them. The first hint of this -mysterious transaction was in the commander's report--in his proud -commendation of this steward for a pursership in the United States -Navy--and evidently to rehabilitate his witness, and to get a new -lick at Spencer. The hint runs thus: "I had a trifling difficulty, -not discreditable to his character, on the previous cruise to -Porto Rico." On the trial the purser Heiskill was interrogated as -to the nature of this difficulty between his subordinate and his -superior. To the question--"Did he know any thing, and what, about -a misunderstanding between the steward and the commander at Porto -Rico?" he answered, "he knew there was a misunderstanding, which -Wales told him was explained to the satisfaction of the commander." -To the further question, "Was it of a delicate nature?" the answer -was, "yes, sir." To the further question, as to the time when -this misunderstanding was settled? the purser answered: "I do not -know--some time since, I believe." Asked if it was before the -arrest? he answers: "I think Mr. Wales spoke of this matter before -the arrest." Pressed to tell, if it was shortly before the arrest, -the purser would neither give a long nor a short time, but ignored -the inquiry with the declaration, "I won't pretend to fix upon a -time." Wales himself interrogated before the court, as to the fact -of this misunderstanding, and also as to what it was? admitted the -fact, but refused its disclosure. His answer, as it stands in the -official report of the trial is: "I had a difficulty, but decline -to explain it." And the obliging court submitted to the contempt of -this answer. - -Left without information in a case so mysterious, and denied -explanation from those who could give it, history can only deal with -the facts as known, and with the inferences fairly resulting from -them; and, therefore, can only say, that there was an old affair -between the commander and the purser's steward, originating in a -previous voyage, and settled in this one, and settled before the -arrest of midshipman Spencer; and secondly, that the affair was of -so delicate a nature as to avoid explanation from either party. Now -the word "delicate" in this connection, implies something which -cannot be discussed without danger--something which will not bear -handling, or exposure--and in which silence and reserve are the -only escapes from a detection worse than any suspicion. And thus -stands before history the informer upon the young Spencer--the -thief of brandies, the desperate villain according to Lord Hale's -classification, and the culprit of unmentionable crime, according -to his own implied admission. Yet this man is recommended for a -pursership in the United States navy, or a handsome pecuniary -reward; while any court in Christendom would have committed him -for perjury, on his own showing, in his swearing before the -court-martial. - -Sergeant Michael H. Garty is then brought forward; thus: - - "Of the conduct of Sergeant Michael H. Garty (of the marines) I - will only say it was worthy of the noble corps to which he has - the honor to belong. Confined to his hammock by a malady which - threatened to be dangerous, at the moment when the conspiracy - was discovered, he rose upon his feet a well man. Throughout the - whole period, from the day of Mr. Spencer's arrest to the day - after our arrival, and until the removal of the mutineers, his - conduct was calm, steady, and soldierlike. But when his duty was - done, and health was no longer indispensable to its performance, - his malady returned upon him, and he is still in his hammock. - In view of this fine conduct, I respectfully recommend that - Sergeant Garty be promoted to a second lieutenancy in the marine - corps. Should I pass without dishonor through the ordeal which - probably awaits me, and attain in due time to the command of a - vessel entitled to a marine officer, I ask no better fortune - than to have the services of Sergeant Garty in that capacity." - -Now here is something like a miracle. A bedridden man to rise up a -well man the moment his country needed his services, and to remain -a well man to the last moment those services required, and then to -fall down a bedridden man again. Such a miracle implies a divine -interposition which could only be bottomed on a full knowledge of -the intended crime, and a special care to prevent it. It is quite -improbable in itself, and its verity entirely marred by answers of -this sergeant to certain questions before the court-martial. Thus: -"When were you on the sick list in the last cruise?" Answer: "I was -twice on the list: the last time about two days." Now these two -days must be that hammock confinement from the return of the malady -which immediately ensued on the removal of the mutineers (the twelve -from the Somers to the North Carolina guardship at New York), and -which seemed as chronic and permanent as it was before the arrest. -Questioned further, whether he "remained in his hammock the evening -of Spencer's arrest?" the answer is, "Yes, sir: I was in and out of -it all that night." So that the rising up a well man does not seem -to have been so instantaneous as the commander's report would imply. -The sergeant gives no account of this malady which confined him to -his hammock in the marvellous way the commander reports. He never -mentioned it until it was dragged out of him on cross-examination. -He was on the sick list. That does not imply bedridden. Men are -put on the sick list for a slight indisposition: in fact, to save -them from sickness. Truth is, this Garty seems to have been one of -the class of which every service contains some specimens--scamps -who have a pain, and get on the sick list when duty runs hard; -and who have no pain, and get on the well list, as soon as there -is something pleasant to do. In this case the sergeant seems to -have had a pleasant occupation from the alacrity with which he -fulfilled it, and from the happy relief which it procured him from -his malady as long as it lasted. That occupation was superintendent -of the bagging business. It was he who attended to the wearing -and fitting of the bags--seeing that they were punctually put on -when a prisoner was made, tightly tied over the head of nights, -and snugly drawn round the neck during the day. To this was added -eavesdropping and delating, and swearing before all the courts, and -in this style before the council of officers: "Thinks there are -some persons at large that would voluntarily assist the prisoners -if they had an opportunity."--"Thinks if the prisoners were at -large the brig would certainly be in great danger."--"Thinks there -are persons adrift yet, who, if opportunity offered, would rescue -the prisoners."--"Thinks the vessel would be safer if Cromwell, -Spencer, and Small were put to death."--"Thinks Cromwell a desperate -fellow."--"Thinks their object (that of Cromwell and Spencer), in -taking slavers, would be to convert them to their own use, and not -to suppress the slave trade." All this was swearing like a sensible -witness, who knew what was wanted, and would furnish it. It covered -all the desired points. More arrests were wanted at that time -to justify the hanging of the prisoners on hand: he thinks more -arrests ought to be made. The fear of a rescue was wanted: he thinks -there will be a rescue attempted. The execution of the prisoners -is wanted: he thinks the vessel would be safer if they were all -three put to death. And it was for these noble services--bagging -prisoners, eavesdropping, delating, swearing to what was -wanted--that this sergeant had his marvellous rise-up from a -hammock, and was now recommended for an officer of marines. History -repulses the marvel which the commander reports. A kind Providence -may interpose for the safety of men and ships, but not through an -agent who is to bag and suffocate innocent men--to eaves-drop and -delate--to swear in all places, and just what was wanted--all by -thoughts, and without any thing to bottom a thought upon. Certainly -this Sergeant Garty, from his stomach for swearing, must have -something in common, besides nativity, with Mr. Jemmy O'Brien; and, -from his alacrity and diligence in taking care of prisoners, would -seem to have come from the school of the famous Major Sirr, of Irish -rebellion memory. - -Mr. O. H. Perry, the commander's clerk and nephew, the same whose -blunder in giving the order about the mast, occasioned it to break; -and, in breaking, to become a sign of the plotting, mutiny, and -piracy; and the same that held the watch to mark the ten minutes -that Spencer was to live: this young gentleman was not forgotten, -but came in liberally for praise and spoil--the spoil of the young -man whose messmate he had been, against whom he had testified, and -whose minutes he had counted, and proclaimed when out: - - "If I shall be deemed by the Navy Department to have had any - merit in preserving the Somers from those treasonable toils by - which she had been surrounded since and before her departure - from the United States, I respectfully request that it may - accrue without reservation for my nephew O. H. Perry, now clerk - on board the Somers, and that his name may be placed on the - register in the name left vacant by the treason of Mr. Spencer. - I think, under the peculiar circumstances of the case, an act - of Congress, if necessary, might be obtained to authorize the - appointment." - -All these recommendations for reward and promotion, bespeak an -obliquity of mental vision, equivalent to an aberration of the mind; -and this last one, obliquitous as any, superadds an extinction of -the moral sense in demanding the spoil of the slain for the reward -of a nephew who had promoted the death of which he was claiming the -benefit. The request was revolting! and, what is equally revolting, -it was granted. But worse still. An act of Congress at that time -forbid the appointment of more midshipmen, of which there were -then too many, unless to fill vacancies: hence the request of the -commander, that his nephew's name may take the place in the Navy -Register of the name left vacant by the "_treason_" of Mr. Spencer! - -The commander, through all his witnesses, had multiplied proofs on -the attempts of Spencer to corrupt the crew by largesses lavished -upon them--such as tobacco, segars, nuts, sixpences thrown among the -boys, and two bank-notes given to Cromwell on the coast of Africa -to send home to his wife before the bank failed. Now what were the -temptations on the other side? What the inducements to the witnesses -and actors in this foul business to swear up to the mark which -Mackenzie's acquittal and their promotion required? The remarks of -Mr. Fenimore Cooper, the historian, here present themselves as those -of an experienced man speaking with knowledge of the subject, and -acquaintance with human nature: - - "While on this point we will show the extent of the temptations - that were thus inconsiderately placed before the minds of these - men--what preferment they had reason to hope would be accorded - to them should Mackenzie's conduct be approved, _viz._: Garty, - from the ranks, to be an officer, with twenty-five dollars per - month, and fifty cents per diem rations: and the prospect of - promotion. Wales, from purser's steward, at eighteen dollars - a month, to quarter-deck rank, and fifteen hundred dollars - per annum. Browning, Collins, and Stewart, petty officers, at - nineteen dollars a month, to be boatswains, with seven hundred - dollars per annum. King, Anderson, and Rogers, petty officers, - at nineteen dollars a month, to be gunners, at seven hundred - dollars per annum. Dickinson, petty officer, at nineteen dollars - a month, to be carpenter, with seven hundred dollars per annum." - -Such was the list of temptations placed before the witnesses by -Commander Mackenzie, and which it is not in human nature to suppose -were without their influence on most of the persons to whom they -were addressed. - -The commander could not close his list of recommendations for -reward without saying something of himself. He asked for nothing -specifically, but expected approbation, and looked forward to -regular promotion, while gratified at the promotions which his -subordinates should receive, and which would redound to his own -honor. He did not ask for a court of inquiry, or a court-martial, -but seemed to apprehend, and to deprecate them. The Secretary of -the Navy immediately ordered a court of inquiry--a court of three -officers to report upon the facts of the case, and to give their -opinion. There was no propriety in this proceeding. The facts were -admitted, and the law fixed their character. Three prisoners had -been hanged without trial, and the law holds that to be murder -until reduced by a judicial trial to a lower degree of offence--to -manslaughter, excusable, or justifiable homicide. The finding of -the court was strongly in favor of the commander; and unless this -finding and opinion were disapproved by the President, no further -military proceeding should be had--no court-martial ordered--the -object of the inquiry being to ascertain whether there was necessity -for one. The necessity being negatived, and that opinion approved by -the President, there was no military rule of action which could go -on to a court-martial: to the general astonishment such a court was -immediately ordered--and assembled with such precipitation that the -judge advocate was in no condition to go on with the trial; and, up -to the third day of its sitting, was without the means of proceeding -with the prosecution; and for his justification in not being able to -go on, and in asking some delay, the judge advocate, Wm. H. Norris, -Esq., of Baltimore, submitted to the court this statement in writing: - - "The judge advocate states to the court that he has not been - furnished by the department, as yet, with any list of witnesses - on the part of the government: that he has had no opportunity of - conversing with any of the witnesses, of whose names he is even - entirely ignorant except by rumor in respect to a few of them; - and that, therefore, he would need time to prepare the case by - conversation with the officers and crew of the brig Somers, - before he can commence the case on the part of the government. - The judge advocate has issued two subpoenas, _duces tecum_, - for the record in the case of the court of inquiry into the - alleged mutiny, which have not yet been returned, and by which - record he could have been notified of the witnesses and facts to - constitute the case of the government." - -The judge advocate then begged a delay, which was granted, until -eleven o'clock the next day. Here then was a precipitation, unheard -of in judicial proceedings, and wholly incompatible with the idea -of any real prosecution. The cause of this precipitancy becomes -a matter of public inquiry, as the public interest requires the -administration of justice to be fair and impartial. The cause of it -then was this: The widow of Cromwell, to whom he had sent his last -dying message, that he was innocent, undertook to have Mackenzie -prosecuted before the civil tribunals for the murder of her -husband. She made three attempts, all in vain. One judge, to whom -an application for a warrant was made, declined to grant it, on the -ground that he was too much occupied with other matters to attend to -that case--giving a written answer to that effect. A commissioner -of the United States, appointed to issue warrants in all criminal -cases, refused one in this case, because, as he alleged, he had no -authority to act in a military case. The attempt was then made in -the United States district court, New York, to get the Grand Jury -to find an indictment: the court instructed the jury that it was -not competent for a civil tribunal to interfere with matters which -were depending before a naval tribunal: in consequence of which -instruction the bill was ignored. Upon this instruction of the court -the historian, Cooper, well remarks: "That after examining the -subject at some length, we are of opinion that the case belonged -exclusively to the civil tribunals." Here, then, is the reason why -Mackenzie was run so precipitately before the court-martial. It was -to shelter him by an acquittal there: and so apprehensive was he of -being got hold of by some civil tribunal, before the court-martial -could be organized, that he passed the intervening days between the -two courts "in a bailiwick where the ordinary criminal process could -not reach him."--(Cooper's Review of the Trial.) When the trial -actually came on, the judge advocate was about as bad off as he was -the first day. He had a list of witnesses. They were Mackenzie's -officers--and refused to converse with him on the nature of their -testimony. He stated their refusal to the court--declared himself -without knowledge to conduct the case--and likened himself to a -new comer in a house, having a bunch of keys given to him, without -information of the lock to which each belonged--so that he must try -every lock with every key before he could find out the right one. - -The hurried assemblage of the court being shown, its composition -becomes a fair subject of inquiry. The record shows that three -officers were excused from serving on their own application after -being detailed as members of the court; and the information of the -day made known that another was excused before he was officially -detailed. The same history of the day informs that these four -avoided the service because they had opinions against the accused. -That was all right in them. Mackenzie was entitled to an impartial -trial, although he allowed his victims no trial at all. But how -was it on the other side? any one excused there for opinions in -favor of the accused? None! and history said there were members -on the court strongly in favor of him--as the proceedings on the -trial too visibly prove. Engaged in the case without a knowledge -of it, the judge advocate confined himself to the testimony of one -witness, merely proving the hanging without trial; and then left -the field to the accused. It was occupied in great force--a great -number of witnesses, all the reports of Mackenzie himself, all the -statements before the council of officers--all sorts of illegal, -irrelevant, impertinent or frivolous testimony--every thing that -could be found against the dead since their death, in addition -to all before--assumption or assertion of any fact or inference -wanted--questions put not only leading to the answer wanted, but -affirming the fact wanted--all the persons served as witnesses -who had been agents or instruments in the murders--Mackenzie -himself submitting his own statements before the court: such -was the trial! and the issue was conformable to such a farrago -of illegalities, absurdities, frivolities, impertinences and -wickednesses. He was acquitted; but in the lowest form of acquittal -known to court-martial proceedings. "Not proven," was the equivocal -mode of saying "not guilty:" three members of the court were in -favor of conviction for murder. The finding was barely permitted -to stand by the President. To approve, or disprove court-martial -proceedings is the regular course: the President did neither. The -official promulgation of the proceedings wound up with this unusual -and equivocal sanction: "As these charges involved the life of -the accused, and as the finding is in his favor, he is entitled -to the benefit of it, as in the analogous case of a verdict of -not guilty before a civil court, and there is no power which -can constitutionally deprive him of that benefit. The finding, -therefore, is simply _confirmed_, and carried into effect without -any expression of approbation or disapprobation on the part of -the President: no such expression being necessary." No acquittal -could be of lower order, or less honorable. The trial continued two -months; and that long time was chiefly monopolized by the defence, -which became in fact a trial of the dead--who, having no trial -while alive, had an ample one of sixty days after their deaths. Of -course they were convicted--the dead and the absent being always in -the wrong. At the commencement of the trial, two eminent counsel -of New York--Messrs. Benjamin F. Butler and Charles O'Connor, -Esqs.,--applied to the court at the instance of the father of the -young Spencer to be allowed to sit by, and put questions approved -by the court; and offer suggestions and comments on the testimony -when it was concluded. This request was entered on the minutes, and -refused. So that at the long _post mortem_ trial which was given -to the boy after his death, the father was not allowed to ask one -question in favor of his son. - -And here two remarks require to be made--first, as to that faithful -promise of the Commander Mackenzie to send to his parents the dying -message of the young Spencer: not a word was ever sent! all was -sent to the Navy Department and the newspapers! and the "faithful -promise," and the moving appeal to the "feelings of nature," turn -out to have been a mere device to get a chance to make a report to -the Secretary of the Navy of confessions to justify the previous -condemnation and the pre-determined hanging. Secondly: That the -Secretary despatched a man-of-war immediately on the return of -Mackenzie to the Isle of Pines, to capture the confederate pirates -(according to Wales's testimony), who were waiting there for the -young Spencer and the Somers. A bootless errand. The island was -found, and the pines; but no pirates! nor news of any for near -twenty years! Thus failed the indispensable point in the whole -piratical plot: but without balking in the least degree the raging -current of universal belief. - -The trial of Mackenzie being over, and he acquitted, the trial -of the rest of the implicated crew--the twelve mutineers in -irons--would naturally come on; and the court remained in session -for that purpose. The Secretary of the Navy had written to the judge -advocate to proceed against such of them as he thought proper: the -judge advocate referred that question to Mackenzie, giving him the -option to choose any one he pleased to carry on the prosecutions. -He chose Theodore Sedgwick, Esq., who had been his own counsel on -his trial. Mackenzie was acquitted on the 28th of March: the court -remained in session until the 1st of April: the judge advocate heard -nothing from Mackenzie with respect to the prosecutions. On that -day Mackenzie not being present, he was sent for. He was not to be -found! and the provost marshal ascertained that he had gone to his -residence in the country, thirty miles off. This was an abandonment -of the prosecutions, and in a very unmilitary way--by running away -from them, and saying nothing to any body. The court was then -dissolved--the prisoners released--and the innocence of the twelve -stood confessed by the recreancy of their fugitive prosecutor. It -was a confession of the innocence of Spencer, Small, and Cromwell; -for he was tried for the three murders together. The trial of -Mackenzie had been their acquittal in the eyes of persons accustomed -to analyze evidence, and to detect perjuries in made-up stories. But -the masses could form no such analysis. With them the confessions -were conclusive, though invalidated by contradictions, and obtained, -if obtained at all, under a refinement of terror and oppression -which has no parallel on the deck of a pirate. When has such a -machinery of terror been contrived to shock and torture a helpless -victim? Sudden annunciation of death in the midst of preparations -to take life: ten minutes allowed to live, and these ten minutes -taken up with interruptions. An imp of darkness in the shape of a -naval officer in full uniform, squat down at his side, writing and -whispering; and evidently making out a tale which was to murder the -character in order to justify the murder of the body. Commander -Mackenzie had once lived a year in Spain, and wrote a book upon its -manners and customs, as a "Young American." He must have read of the -manner in which confessions were obtained in the dungeons of the -Inquisition. If he had, he showed himself an apt scholar; if not, -he showed a genius for the business from which the familiars of the -Holy Office might have taken instruction. - -Spencer's real design was clearly deducible even from the tenors of -the vile swearing against him. He meant to quit the navy when he -returned to New York, obtain a vessel in some way, and go to the -northwest coast of America--to lead some wild life there; but not -piratical, as there is neither prey nor shelter for pirates in that -quarter. This he was often saying to the crew, and to this his list -of names referred--mixed up with foolish and even vicious talk about -piracy. His first and his last answer was the same--that it was all -a joke. The answer of Small was the same when he was arrested; and -it was well brought out by the judge advocate in incessant questions -during the two months' trial, that there was not a single soul of -the crew, except Wales, that ever heard Spencer mention one word -about mutiny! and not one, inclusive of Wales, that ever heard one -man of the vessel speak of a rescue of the prisoners. Remaining long -in command of the vessel as Mackenzie did, and with all his power -to punish or reward, and allowed as he was to bring forward all -that he was able to find since the deaths of the men, yet he could -not find one man to swear to these essential points; so that in a -crew steeped in mutiny, there was not a soul that had heard of it! -in a crew determined upon a rescue of prisoners, there was not one -that ever heard the word pronounced. The state of the brig, after -the arrests, was that of crazy cowardice and insane suspicion on -the part of the officers--of alarm and consternation on the part of -the crew. Armed with revolvers, cutlasses and swords, the officers -prowled through the vessel, ready to shoot any one that gave them a -fright--the weapon generally cocked for instant work. Besides the -officers, low wretches, as Wales and Garty, were armed in the same -way, with the same summary power over the lives and deaths of the -crew. The vessel was turned into a laboratory of spies, informers, -eavesdroppers and delators. Every word, look, sign, movement, on -the part of the crew, was equally a proof of guilt. If the men were -quick about their duty, it was to cover up their guilt: if slow, it -was to defy the officers. If they talked loud, it was insolence: -if low, it was plotting. If collected in knots, it was to be -ready to make a rush at the vessel: if keeping single and silent, -it was because, knowing their guilt, they feigned aversion to -escape suspicion. Belief was all that was wanted from any delator. -Belief, without a circumstance to found it upon, and even contrary -to circumstances, was accepted as full legal evidence. Arrests -were multiplied, to excite terror, and to justify murder. The -awe-stricken crew, consisting four-fifths of apprentice boys, was -paralyzed into dead silence and abject submission. Every arrest was -made without a murmur. The prisoners were ironed and bagged as mere -animals. No one could show pity, much less friendship. No one could -extend a comfort, much less give assistance. Armed sentries stood -over them, day and night, to shoot both parties for the slightest -sign of intelligence--and always to shoot the prisoner first. What -Paris was in the last days of the Reign of Terror, the United States -brig Somers was during the terrible week from the arrest to the -hanging of Spencer. - -Analogous to the case of Commander Mackenzie was that of Lieutenant -Colonel Wall, of the British service, Governor of Goree on the -coast of Africa--the circumstances quite parallel, and where -they differ, the difference in favor of Wall--but the conclusion -widely different. Governor Wall fancied there was a mutiny in the -garrison, the one half (of 150) engaged in it, and one Armstrong -and two others, leaders in it. He ordered the "long roll" to be -beat--which brings the men, without arms, into line on the parade. -He conversed a few minutes with the officers, out of hearing of the -men, then ordered the line to form circle, a cannon to be placed -in the middle of it, the three men tied upon it, and receive 800 -blows each with an inch thick rope. It was not his intent to kill -them, and the surgeon of the garrison, as in all cases of severe -punishment, was ordered to attend, and observe it: which he did, -saying nothing: the three men died within a week. This was in the -year 1782. Wall came home--was arrested (by the civil authority), -broke custody and fled--was gone twenty years, and seized again by -the civil authority on his return to England. The trial took place -at the Old Bailey, and the prisoner easily proved up a complete -case of mutiny, seventy or eighty men, assembled in open day -before the governor's quarters, defying authority, clamoring for -supposed rights, and cursing and damning. The full case was sworn -up, and by many witnesses; but the attorney-general, Sir Edward -Law (afterwards Lord Ellenborough), and the solicitor-general, Mr. -Percival (afterwards First Lord of the Treasury and Chancellor of -the Exchequer), easily took the made-up stories to pieces, and left -the governor nakedly exposed, a false accuser of the dead, after -having been the foul murderer of the innocent. It was to no purpose -that he plead, that the punishment was not intended to kill: it -was answered that it was sufficient that it was likely to kill, -and did kill. To no purpose that he proved by the surgeon that he -stood by, as the regulations required, to judge the punishment, and -said nothing: the eminent counsel proved upon him, out of his own -mouth, that he was a young booby, too silly to know the difference -between a cat-o'-nine-tails, which cut the skin, and an inch rope, -which bruised to the vitals. The Lord Chief Baron McDonald, charged -the jury that if there was no mutiny, it was murder; and if there -was mutiny, and no trial, it was murder. On this latter point, he -said to the jury: "_If you are of opinion that there was a mutiny, -you are then to consider the degree of it, and whether there was as -much attention paid to the interest of the person accused as the -circumstances of the case would admit, by properly advising him, and -giving him an opportunity of justifying himself if he could._" The -governor was only tried in one case, found guilty, hanged within -eight days, and his body, like that of any other murderer, delivered -up to the surgeons for dissection--the King on application, first -for pardon, then for longer respite, and last for remission of the -anatomization, refusing any favor, upon the ground that it was worse -than any common murder--being done by a man in authority, far from -the eye of the government, on helpless people subject to his power, -and whom he was bound to protect, and to defend from oppression. -It is a case--a common one in England since the judges became -independent of the crown--which does honor to British administration -of justice: and, if any one wishes to view the extremes of judicial -exhibitions--legality, regularity, impartiality, knowledge of the -law, promptitude on one hand, and the reverse of it all on the -other--let them look at the proceedings of the one-day trial of -Governor Wall before a British civil court, and the two months' -trial of Commander Mackenzie before an American naval court-martial. -But the comparison would not be entirely fair. Courts-martial, -both of army and navy, since the trial of Admiral Byng in England -to Commodore Porter, Commander Mackenzie, and Lieutenant-colonel -Fremont in the United States, have been machines in the hands of the -government (where it took an interest in the event), to acquit, or -convict: and has rarely disappointed the intention. Cooper proposes, -in view of the unfitness of the military courts for judicial -investigation, that they be stripped of all jurisdiction in such -cases: and his opinion strongly addresses itself to the legislative -authority. - -Commander Mackenzie had been acquitted by the authorities: he had -been complimented by a body of eminent merchants: he had been -applauded by the press: he had been encomiastically reviewed in -a high literary periodical. The loud public voice was for him: -but there was a small inward monitor, whose still and sinister -whisperings went cutting through the soul. The acquitted and -applauded man withdrew to a lonely retreat, oppressed with gloom and -melancholly, visible only to a few, and was only roused from his -depression to give signs of a diseased mind. It was five years after -the event, and during the war with Mexico. The administration had -conceived the idea of procuring peace through the instrumentality -of Santa Anna--then an exile at Havana; and who was to be returned -to his country upon some arrangement of the American government. -This writer going to see the President (Mr. Polk) some day about -this time, mentioned to him a visit from Commander Slidell Mackenzie -to this exiled chief. The President was startled, and asked how -this came to be known to me. I told him I read it in the Spanish -newspapers. He said it was all a profound secret, confined to his -cabinet. The case was this: a secret mission to Santa Anna was -resolved upon: and the facile Mr. Buchanan, Secretary of State, -dominated by the representative Slidell (brother to the commander), -accepted this brother for the place. Now the views of the two -parties were diametrically opposite. One wanted secrecy--the -other notoriety. Restoration of Santa Anna to his country, upon -an agreement, and without being seen in the transaction, was the -object of the government; and that required secrecy: removal from -under a cloud, restoration to public view, rehabilitation by some -mark of public distinction, was the object of the Slidells; and -that required notoriety: and the game being in their hands, they -played it accordingly. Arriving at Havana, the secret minister put -on the full uniform of an American naval officer, entered an open -_volante_, and driving through the principal streets at high noon, -proceeded to the suburban residence of the exiled dictator. Admitted -to a private interview (for he spoke Spanish, learnt in Spain), the -plumed and decorated officer made known his secret business. Santa -Anna was amazed, but not disconcerted. He saw the folly and the -danger of the proceeding, eschewed blunt overture, and got rid of -his queer visitor in the shortest time, and the civilest phrases -which Spanish decorum would admit. The repelled minister gone, Santa -Anna called back his secretary, exclaiming as he entered--"_Porque -el Presidente me ha enviado este tonto?_" (Why has the President -sent me this fool?) It was not until afterwards, and through the -instrumentality of a sounder head, that the mode of the dictator's -return was arranged: and the folly which Mackenzie exhibited on this -occasion was of a piece with his crazy and preposterous conceptions -on board the Somers. - -Fourteen years have elapsed since this tragedy of the Somers. -The chief in that black and bloody drama (unless Wales is to be -considered the master-spirit, and the commander and lieutenant -only his instruments) has gone to his long account. Some others, -concerned with him, have passed away. The vessel itself, bearing a -name illustrious in the navy annals, has gone to the bottom of the -sea--foundering--and going down with all on board; the circling -waves closing over the heads of the doomed mass, and hiding all from -the light of Heaven before they were dead. And the mind of seamen, -prone to belief in portents, prodigies, signs and judgments, refer -the hapless fate of the vessel to the innocent blood which had been -shed upon her. - -History feels it to be a debt of duty to examine this transaction -to the bottom, and to judge it closely--not with a view to affect -individuals, but to relieve national character from a foul -imputation. It was the crime of individuals: it was made national. -The protection of the government, the lenity of the court, the -evasions of the judiciary, and the general approving voice, made -a nation's offence out of the conduct of some individuals, and -brought reproach upon the American name. All Christendom recoiled -with horror from the atrocious deed: all friends to America beheld -with grief and amazement the national assumption of such a crime. -Cotemporary with the event, and its close observer, the writer of -this View finds confirmed now, upon the fullest examination, the -severe judgment which he formed upon it at the time. - -The naval historian, Fenimore Cooper (who himself had been a naval -officer), wrote a clear exposure of all the delusion, falsehood, -and wickedness of this imputed mutiny, and of the mockery of the -court-martial trial of Mackenzie: but unavailing in the then -condition of the public mind, and impotent against the vast -machinery of the public press which was brought to bear on the dead. -From that publication, and the official record of the trial, this -view of the transaction is made up. - - - - -CHAPTER CXXIV. - -RETIREMENT OF MR. WEBSTER FROM MR. TYLER'S CABINET. - - -Mr. Tyler's cabinet, as adopted from President Harrison, in April -1841, had broken up, as before related, in September of the same -year--Mr. Webster having been prevailed upon to remain, although -he had agreed to go out with the rest, and his friends thought he -should have done so. His remaining was an object of the greatest -importance with Mr. Tyler, abandoned by all the rest, and for -such reasons as they published. He had remained with Mr. Tyler -until the spring of the year 1843, when the progress of the Texas -annexation scheme, carried on privately, not to say clandestinely, -had reached a point to take an official form, and to become the -subject of government negotiation, though still secret. Mr. Webster, -Secretary of State, was an obstacle to that negotiation. He could -not even be trusted with the secret, much less with the conduct -of the negotiations. How to get rid of him was a question of some -delicacy. Abrupt dismission would have revolted his friends. -Voluntary resignation was not to be expected, for he liked the place -of Secretary of State, and had remained in it against the wishes of -his friends. Still he must be got rid of. A middle course was fallen -upon--the same which had been practised with others in 1841--that of -compelling a resignation. Mr. Tyler became reserved and indifferent -to him. Mr. Gilmer and Mr. Upshur, with whom he had but few -affinities, took but little pains to conceal their distaste to him. -It was evident to him when the cabinet met, that he was one too -many; and reserve and distrust was visible both in the President and -the Virginia part of his cabinet. Mr. Webster felt it, and named it -to some friends. They said, resign! He did so; and the resignation -was accepted with an alacrity which showed that it was waited -for. Mr. Upshur took his place, and quickly the Texas negotiation -became official, though still private; and in this appointment, and -immediate opening of the Texas negotiation, stood confessed, the -true reason for getting rid of Mr. Webster. - - - - -CHAPTER CXXV. - -DEATH OF WILLIAM H. CRAWFORD. - - -He was among the few men of fame that I have seen, that aggrandized -on the approach--that having the reputation of a great man, -became greater, as he was more closely examined. There was every -thing about him to impress the beholder favorably and grandly--in -stature "a head and shoulders" above the common race of men, justly -proportioned, open countenance, manly features, ready and impressive -conversation, frank and cordial manners. I saw him for the first -time in 1820, when he was a member of Mr. Monroe's cabinet--when -the array of eminent men was thick--when historic names of the -expiring generation were still on the public theatre, and many of -the new generation (to become historic) were entering upon it: and -he seemed to compare favorably with the foremost. And that was the -judgment of others. For a long time he was deferred to generally, -by public opinion, as the first of the new men who were to become -President. Mr. Monroe, the last of the revolutionary stock, was -passing off: Mr. Crawford was his assumed successor. Had the -election come on one term sooner, he would have been the selected -man: but his very eminence became fatal to him. He was formidable to -all the candidates, and all combined against him. He was pulled down -in 1824; but at an age, with an energy, a will, a talent and force -of character, which would have brought him up within a few years, -if a foe more potent than political combinations had not fallen -upon him: he was struck with paralysis before the canvass was over, -but still received an honorable vote, and among such competitors as -Jackson, Adams, and Clay. But his career was closed as a national -man, and State appointments only attended him during the remaining -years of his life. - -Mr. Crawford served in the Senate during Mr. Madison's -administration, and was the conspicuous mark in that body, then -pre-eminent for its able men. He had a copious, ready and powerful -elocution--spoke forcibly and to the point--was the Ajax of the -administration, and as such, had constantly on his hands the -splendid array of federal gentlemen who then held divided empire -in the Senate chamber. Senatorial debate was of high order then--a -rivalship of courtesy, as well as of talent: and the feeling of -respect for him was not less in the embattled phalanx of opposition, -than in the admiring ranks of his own party. He was invaluable -in the Senate, but the state of Europe--then convulsed with the -approaching downfall of the Great Emperor--our own war with Great -Britain, and the uncertainty of the new combinations which might be -formed--all required a man of head and nerve--of mind and will, to -represent the United States at the French Court: and Mr. Crawford -was selected for the arduous post. He told Mr. Madison that the -Senate would be lost if he left it (and it was); but a proper -representative in France in that critical juncture of Europe, -was an overpowering consideration--and he went. Great events took -place while he was there. The Great Emperor fell: the Bourbons -came up, and fell. The Emperor reappeared, and fell again. But the -interests of the United States were kept unentangled in European -politics; and the American minister was the only one that could -remain at his post in all these sudden changes. At the marvellous -return from Elba, he was the sole foreign representative remaining -in Paris. Personating the neutrality of his country with decorum -and firmness, he succeeded in commanding the respect of all, giving -offence to none. From this high critical post he was called by Mr. -Monroe, at his first election, to be Secretary of the Treasury; -and, by public expectation, was marked for the presidency. There -was a desire to take him up at the close of Mr. Monroe's first -term; but a generous and honorable feeling would not allow him to -become the competitor of his friend; and before the second term was -out, the combinations had become too strong for him. He was the -last candidate nominated by a Congress caucus, then fallen into -great disrepute, but immeasurably preferable, as an organ of public -opinion, to the conventions of the present day. He was the dauntless -foe of nullification; and, while he lived, that heresy could not -root in the patriotic soil of Georgia. - - - - -CHAPTER CXXVI. - -FIRST SESSION OF THE TWENTY-EIGHTH CONGRESS: LIST OF MEMBERS: -ORGANIZATION OF THE HOUSE OF REPRESENTATIVES. - - -_Senate._ - -MAINE.--John Fairfield, George Evans. - -NEW HAMPSHIRE.--Levi Woodbury, Charles G. Atherton. - -VERMONT.--Samuel Phelps, William C. Upham. - -MASSACHUSETTS.--Rufus Choate, Isaac C. Bates. - -RHODE ISLAND.--William Sprague, James F. Simmons. - -CONNECTICUT.--J. W. Huntington, John M. Niles. - -NEW YORK.--N. P. Tallmadge, Silas Wright. - -NEW JERSEY.--W. L. Dayton, Jacob W. Miller. - -PENNSYLVANIA.--D. W. Sturgeon, James Buchanan. - -DELAWARE.--R. H. Bayard, Thomas Clayton. - -MARYLAND.--William D. Merrick, Reverdy Johnson. - -VIRGINIA.--Wm. C. Rives, Wm. S. Archer. - -NORTH CAROLINA.--Willie P. Mangum, Wm. H. Haywood, jr. - -SOUTH CAROLINA.--Daniel E. Huger, George McDuffie. - -GEORGIA.--John M. Berrien, Walter T. Colquitt. - -ALABAMA.--William R. King, Arthur P. Bagby. - -MISSISSIPPI.--John Henderson, Robert J. Walker. - -LOUISIANA.--Alexander Barrow, Alexander Porter. - -TENNESSEE.--E. H. Foster, Spencer Jarnagan. - -KENTUCKY.--John T. Morehead, John J. Crittenden. - -OHIO.--Benjamin Tappan, William Allen. - -INDIANA.--Albert S. White, Ed. A. Hannegan. - -ILLINOIS.--James Semple, Sidney Breese. - -MISSOURI.--T. H. Benton, D. R. Atchison. - -ARKANSAS.--Wm. S. Fulton, A. H. Sevier. - -MICHIGAN.--A. S. Porter, W. Woodbridge. - - -_House of Representatives._ - -MAINE.--Joshua Herrick, Robert P. Dunlap, Luther Severance, Hannibal -Hamlin. - -MASSACHUSETTS.--Robert C. Winthrop, Daniel P. King, William -Parmenter, Charles Hudson, (Vacancy), John Quincy Adams, Henry -Williams, Joseph Grinnel. - -NEW HAMPSHIRE.--Edmund Burke, John R. Reding, John P. Hale, Moses -Norris, jr. - -RHODE ISLAND.--Henry Y. Cranston, Elisha R. Potter. - -CONNECTICUT.--Thomas H. Seymour, John Stewart, George S. Catlin, -Samuel Simons. - -VERMONT.--Solomon Foot, Jacob Collamer, George P. Marsh, Paul -Dillingham, jr. - -NEW YORK.--Selah B. Strong, Henry C. Murphy, J. Philips Phoenix, -William B. Maclay, Moses G. Leonard, Hamilton Fish, Jos. H. -Anderson, R. D. Davis, Jas. G. Clinton, Jeremiah Russell, Zadoc -Pratt, David L. Seymour, Daniel D. Barnard, Wm. G. Hunter, Lemuel -Stetson, Chesselden Ellis, Charles S. Benton, Preston King, Orville -Hungerford, Samuel Beardsley, J. E. Cary, S. M. Purdy, Orville -Robinson, Horace Wheaton, George Rathbun, Amasa Dana, Byram Green, -Thos. J. Patterson, Charles H. Carroll, Wm. S. Hubbell, Asher Tyler, -Wm. A. Moseley, Albert Smith, Washington Hunt. - -NEW JERSEY.--Lucius Q. C. Elmer, George Sykes, Isaac G. Farlee, -Littleton Kirkpatrick, Wm. Wright. - -PENNSYLVANIA.--Edward J. Morris, Joseph R. Ingersoll, John T. Smith, -Charles J. Ingersoll, Jacob S. Yost, Michael H. Jenks, Abrah. R. -McIlvaine, Henry Nes, James Black, James Irvin, Andrew Stewart, -Henry D. Foster, Jeremiah Brown, John Ritter, Rich. Brodhead, jr., -Benj. A. Bidlack, Almond H. Read, Henry Frick, Alexander Ramsey, -John Dickey, William Wilkins, Samuel Hays, Charles M. Read, Joseph -Buffington. - -DELAWARE.--George B. Rodney. - -MARYLAND.--J. M. S. Causin, F. Brengle, J. Withered, J. P. Kennedy, -Dr. Preston, Thomas A. Spence. - -VIRGINIA.--Archibald Atkinson, Geo. C. Dromgoole, Walter Coles, -Edmund Hubard, Thomas W. Gilmer, John W. Jones, Henry A. Wise, -Willoughby Newton, Samuel Chilton, William F. Lucas, William Taylor, -A. A. Chapman, Geo. W. Hopkins, Geo. W. Summers, Lewis Steenrod. - -NORTH CAROLINA.--Thomas J. Clingman, D. M. Barringer, David S. Reid, -Edmund Deberry, R. M. Saunders, James J. McKay, J. R. Daniel, A. H. -Arrington, Kenneth Rayner. - -SOUTH CAROLINA.--James A. Black, Richard F. Simpson, Joseph A. -Woodward, John Campbell, Artemas Burt, Isaac E. Holmes, R. Barnwell -Rhett. - -GEORGIA.--E. J. Black, H. A. Haralson, J. H. Lumpkin, Howell Cobb, -Wm. H. Stiles, Alexander H. Stevens, A. H. Chappell. - -KENTUCKY.--Linn Boyd, Willis Green, Henry Grider, George A. -Caldwell, James Stone, John White, William P. Thompson, Garrett -Davis, Richard French, J. W. Tibbatts. - -TENNESSEE.--Andrew Johnson, William T. Senter, Julius W. Blackwell, -Alvan Cullom, George W. Jones, Aaron V. Brown, David W. Dickinson, -James H. Peyton, Cave Johnson, John B. Ashe, Milton Brown. - -OHIO.--Alexander Duncan, John B. Weller, Robt. C. Schenck, Joseph -Vance, Emery D. Potter, Joseph J. McDowell, John I. Vanmeter, Elias -Florence, Heman A. Moore, Jacob Brinkerhoff, Samuel F. Vinton, -Perley B. Johnson, Alexander Harper, Joseph Morris, James Mathews, -Wm. C. McCauslin, Ezra Dean, Daniel R. Tilden, Joshua R. Giddings, -H. R. Brinkerhoff. - -LOUISIANA.--John Slidell, Alcee Labranche, John B. Dawson, P. E. -Bossier. - -INDIANA.--Robt. Dale Owen, Thomas J. Henley, Thomas Smith, Caleb B. -Smith, Wm. J. Brown, John W. Davis, Joseph A. Wright, John Pettit, -Samuel C. Sample, Andrew Kennedy. - -ILLINOIS.--Robert Smith, John A. McClernand, Orlando B. Ficklin, -John Wentworth, Stephen A. Douglass, Joseph P. Hoge, J. J. Hardin. - -ALABAMA.--James Dellet, James E. Belser, Dixon H. Lewis, William W. -Payne, George S. Houston, Reuben Chapman, Felix McConnell. - -MISSISSIPPI.--Wm. H. Hammett, Robert W. Roberts, Jacob Thompson, -Tilghman M. Tucker. - -MISSOURI.--James M. Hughes, James H. Relfe, Gustavus B. Bower, James -B. Bowlin, John Jameson. - -ARKANSAS.--Edward Cross. - -MICHIGAN.--Robert McClelland, Lucius Lyon, James B. Hunt. - - -_Territorial Delegates._ - -FLORIDA.--David Levy. - -WISCONSIN.--Henry Dodge. - -IOWA.--Augustus C. Dodge. - -The election of Speaker was the first business on the assembling of -the Congress, and its result was the authentic exposition of the -state of parties. Mr. John W. Jones, of Virginia, the democratic -candidate, received 128 votes on the first ballot, and was -elected--the whig candidate (Mr. John White, late Speaker) receiving -59. An adverse majority of more than two to one was the result to -the whig party at the first election after the extra session of -1841--at the first election after that "log-cabin, hard-cider and -coon-skin" campaign in which the whigs had carried the presidential -election by 234 electoral votes against 60: so truly had the -democratic senators foreseen the destruction of the party in the -contests of the extra session of 1841. The Tyler party was "no -where"--Mr. Wise alone being classified as such--the rest, so few -in number as to have been called the "corporal's guard," had been -left out of Congress by their constituents, or had received office -from Mr. Tyler, and gone off. Mr. Caleb McNulty, of Ohio, also -democratic, was elected clerk of the House, and by a vote of two to -one, thus ousting an experienced and capable whig officer, in the -person of Mr. Matthew St. Clair Clarke--a change which turned out -to be unfortunate for the friends of the House, and mortifying to -those who did it--the new clerk becoming a subject of indictment for -embezzlement before his service was over. - - - - -CHAPTER CXXVII. - -MR. TYLER'S SECOND ANNUAL MESSAGE. - - -The prominent topics of the message were the state of our affairs -with Great Britain and Mexico--with the former in relation to -Oregon, the latter in relation to Texas. In the same breath in -which the President announced the happy results of the Ashburton -treaty, he was forced to go on and show the improvidence of that -treaty on our part, in not exacting a settlement of the questions -which concerned the interests of the United States, while settling -those which lay near to the interests of Great Britain. The Oregon -territorial boundary was one of these omitted American subjects; but -though passed over by the government in the negotiations, it was -forced upon its attention by the people. A stream of emigration was -pouring into that territory, and their presence on the banks of the -Columbia caused the attention of both governments to be drawn to -the question of titles and boundaries; and Mr. Tyler introduced it -accordingly to Congress. - - "A question of much importance still remains to be adjusted - between them. The territorial limits of the two countries in - relation to what is commonly known as the Oregon Territory, - still remains in dispute. The United States would be at all - times indisposed to aggrandize themselves at the expense of any - other nation; but while they would be restrained by principles - of honor, which should govern the conduct of nations as well - as that of individuals, from setting up a demand for territory - which does not belong to them, they would as unwillingly consent - to a surrender of their rights. After the most rigid, and, as - far as practicable, unbiassed examination of the subject, the - United States have always contended that their rights appertain - to the entire region of country lying on the Pacific, and - embraced within 42 deg. and 54 deg. 40' of north latitude. This claim - being controverted by Great Britain, those who have preceded - the present Executive--actuated, no doubt, by an earnest - desire to adjust the matter upon terms mutually satisfactory - to both countries--have caused to be submitted to the British - Government propositions for settlement and final adjustment, - which, however, have not proved heretofore acceptable to it. - Our Minister at London has, under instructions, again brought - the subject to the consideration of that Government; and while - nothing will be done to compromit the rights or honor of the - United States, every proper expedient will be resorted to, in - order to bring the negotiation now in the progress of resumption - to a speedy and happy termination." - -This passage, while letting it be seen that we were already engaged -in a serious controversy with Great Britain--engaged in it almost -before the ink was dry which had celebrated the peace mission which -was to settle all questions--also committed a serious mistake in -point of fact, and which being taken up as a party watchword, became -a difficult and delicate point of management at home: it was the -line of 54 degrees 40 minutes north for our northern boundary on -the Pacific. The message says that the United States have always -contended for that line. That is an error. From the beginning of -the dispute, the United States government had proposed the parallel -of 49 degrees, as being the continuation of the dividing line on -this side of the Rocky Mountains, and governed by the same law--the -decision of the commissaries appointed by the British and French -under the tenth article of the treaty of Utrecht to establish -boundaries between them on the continent of North America. President -Jefferson offered that line in 1807--which was immediately after the -return of Messrs. Lewis and Clark from their meritorious expedition, -and as soon as it was seen that a question of boundary was to arise -in that quarter with Great Britain. President Monroe made the same -offer in 1818, and also in 1824. Mr. Adams renewed it in 1826: so -that, so far from having always claimed to 54-40, the United States -had always offered the parallel of 49. As to 54-40, no American -statesman had ever thought of originating a title there. It was -a Russian point of demarcation on the coast and islands--not a -continental line at all--first assigned to the Russian Fur Company -by the Emperor Paul, and afterwards yielded to Russia by the United -States and Great Britain, separately, in separating their respective -claims on the north-west of America. She was allowed to come south -to that point on the coast and islands, not penetrating the interior -of the continent--leaving the rest for Great Britain and the United -States to settle as they could. It was proposed at the time that the -three powers should settle together--in a tripartite treaty: but the -Emperor Alexander, like a wise man, contented himself with settling -his own boundary, without mixing himself in the dispute between the -United States and Great Britain. This he did about the year 1820: -and it was long afterwards, and by those who knew but little of this -establishment of a southern limit for the Russian Fur Company, that -this point established in their charter, and afterwards agreed to by -the United States and Great Britain, was taken up as the northern -boundary for the United States. It was a great error in Mr. Tyler to -put this Russian limit in his message for our line; and, being taken -up by party spirit, and put into one of those mushroom political -creeds, called "platforms" (wherewith this latter generation has -been so plentifully cursed), it came near involving the United -States in war. - -The prospective war with Mexico on the subject of Texas was thus -shadowed forth: - - "I communicate herewith certain despatches received from our - Minister at Mexico, and also a correspondence which has recently - occurred between the envoy from that republic and the Secretary - of State. It must be regarded as not a little extraordinary - that the government of Mexico, in anticipation of a public - discussion, which it has been pleased to infer, from newspaper - publications, as likely to take place in Congress, relating to - the annexation of Texas to the United States, should have so far - anticipated the result of such discussion as to have announced - its determination to visit any such anticipated decision by - a formal declaration of war against the United States. If - designed to prevent Congress from introducing that question as - a fit subject for its calm deliberation and final judgment, the - Executive has no reason to doubt that it will entirely fail of - its object. The representatives of a brave and patriotic people - will suffer no apprehension of future consequences to embarrass - them in the course of their proposed deliberations. Nor will the - Executive Department of the government fail, for any such cause, - to discharge its whole duty to the country." - -At the time of communicating this information to Congress, the -President was far advanced in a treaty with Texas for her annexation -to the United States--an event which would be war itself with -Mexico, without any declaration on her part, or our part--she being -then at war with Texas as a revolted province, and endeavoring to -reclaim her to her former subjection. Still prepossessed with his -idea of a national currency of paper money, in preference to gold -and silver, the President recurs to his previous recommendation for -an Exchequer bank--regrets its rejection by Congress,--vaunts its -utility--and thinks that it would still aid, in a modified form, in -restoring the currency to a sound and healthy state. - - "In view of the disordered condition of the currency at the - time, and the high rates of exchange between different parts of - the country, I felt it to be incumbent on me to present to the - consideration of your predecessors a proposition conflicting in - no degree with the constitution or the rights of the States, - and having the sanction--not in detail, but in principle--of - some of the eminent men who had preceded me in the executive - office. That proposition contemplated the issuing of treasury - notes of denominations not less than five, nor more than one - hundred dollars, to be employed in payment of the obligations - of the government in lieu of gold and silver, at the option of - the public creditor, and to an amount not exceeding $15,000,000. - It was proposed to make them receivable every where, and to - establish at various points depositories of gold and silver, - to be held in trust for the redemption of such notes, so as - to insure their convertibility into specie. No doubt was - entertained that such notes would have maintained a par value - with gold and silver--thus furnishing a paper currency of equal - value over the Union, thereby meeting the just expectations of - the people, and fulfilling the duties of a parental government. - Whether the depositories should be permitted to sell or purchase - bills under very limited restrictions, together with all its - other details, was submitted to the wisdom of Congress, and was - regarded as of secondary importance. I thought then, and think - now, that such an arrangement would have been attended with the - happiest results. The whole matter of the currency would have - been placed where, by the constitution, it was designed to be - placed--under the immediate supervision and control of Congress. - The action of the government would have been independent of - all corporations; and the same eye which rests unceasingly on - the specie currency, and guards it against adulteration, would - also have rested on the paper currency, to control and regulate - its issues, and protect it against depreciation. Under all the - responsibilities attached to the station which I occupy, and - in redemption of a pledge given to the last Congress, at the - close of its first session, I submitted the suggestion to its - consideration at two consecutive sessions. The recommendation, - however, met with no favor at its hands. While I am free to - admit that the necessities of the times have since become - greatly ameliorated, and that there is good reason to hope that - the country is safely and rapidly emerging from the difficulties - and embarrassments which every where surrounded it in 1841, - yet I cannot but think that its restoration to a sound and - healthy condition would be greatly expedited by a resort to the - expedient in a modified form." - -Such were still the sighings and longings of Mr. Tyler for a -national currency of paper money. They were his valedictory to that -delusive cheat. Before he had an opportunity to present another -annual message, the Independent Treasury System, and the revived -gold currency had done their office--had given ease and safety to -the government finances, had restored prosperity and confidence to -the community, and placed the country in a condition to dispense -with all small money paper currency--all under twenty dollars--if it -only had the wisdom to do so. - - - - -CHAPTER CXXVIII. - -EXPLOSION OF THE GREAT GUN ON BOARD THE PRINCETON MAN-OF-WAR: THE -KILLED AND WOUNDED. - - -On the morning of the 28th of February, a company of some hundred -guests, invited by Commodore Stockton, including the President of -the United States, his cabinet, members of both Houses of Congress, -citizens and strangers, with a great number of ladies, headed -by Mrs. Madison, ex-presidentess, repaired on board the steamer -man-of-war Princeton, then lying in the river below the city, to -witness the working of her machinery (a screw propeller), and to -observe the fire of her two great guns--throwing balls of 225 pounds -each. The vessel was the pride and pet of the commodore, and having -undergone all the trials necessary to prove her machinery and her -guns, was brought round to Washington for exhibition to the public -authorities. The day was pleasant--the company numerous and gay. -On the way down to the vessel a person whispered in my ear that -Nicholas Biddle was dead. It was my first information of that event, -and heard not without reflections on the instability and shadowy -fleetingness of the pursuits and contests of this life. Mr. Biddle -had been a Power in the State, and for years had baffled or balanced -the power of the government. He had now vanished, and the news of -his death came in a whisper, not announced in a tumult of voices; -and those who had contended with him might see their own sudden and -silent evanescence in his. It was a lesson upon human instability, -and felt as such; but without a thought or presentiment that, before -the sun should go down, many of that high and gay company should -vanish from earth--and the one so seriously impressed barely fail to -be of the number. - -The vessel had proceeded down the river below the grave of -Washington--below Mount Vernon--and was on her return, the machinery -working beautifully, the guns firing well, and the exhibition of -the day happily over. It was four-o'clock in the evening, and a -sumptuous collation had refreshed and enlivened the guests. They -were still at the table, when word was brought down that one of -the guns was to be fired again; and immediately the company rose -to go on deck and observe the fire--the long and vacant stretch in -the river giving full room for the utmost range of the ball. The -President and his cabinet went foremost, this writer among them, -conversing with Mr. Gilmer, Secretary of the Navy. The President -was called back: the others went on, and took their places on the -left of the gun--pointing down the river. The commodore was with -this group, which made a cluster near the gun, with a crowd behind, -and many all around. I had continued my place by the side of Mr. -Gilmer, and of course was in the front of the mass which crowded -up to the gun. The lieutenant of the vessel, Mr. Hunt, came and -whispered in my ear that I would see the range of the ball better -from the breech; and proposed to change my place. It was a tribute -to my business habits, being indebted for this attention to the -interest which I had taken all day in the working of the ship, -and the firing of her great guns. The lieutenant placed me on a -carronade carriage, some six feet in the rear of the gun, and in -the line of her range. Senator Phelps had stopped on my left, with -a young lady of Maryland (Miss Sommerville) on his arm. I asked -them to get on the carriage to my right (not choosing to lose my -point of observation): which they did--the young lady between us, -and supported by us both, with the usual civil phrases, that we -would take care of her. The lieutenant caused the gun to be worked, -to show the ease and precision with which her direction could be -changed and then pointed down the river to make the fire--himself -and the gunners standing near the breech on the right. I opened -my mouth wide to receive the concussion on the inside as well as -on the outside of the head and ears, so as to lessen the force of -the external shock. I saw the hammer pulled back--heard a tap--saw -a flash--felt a blast in the face, and knew that my hat was gone: -and that was the last that I knew of the world, or of myself, for -a time, of which I can give no account. The first that I knew of -myself, or of any thing afterwards, was rising up at the breech -of the gun, seeing the gun itself split open--two seamen, the -blood oozing from their ears and nostrils, rising and reeling near -me--Commodore Stockton, hat gone, and face blackened, standing -bolt upright, staring fixedly upon the shattered gun. I had heard -no noise--no more than the dead. I only knew that the gun had -bursted from seeing its fragments. I felt no injury, and put my arm -under the head of a seaman, endeavoring to rise, and falling back. -By that time friends had ran up, and led me to the bow--telling -me afterwards that there was a supernatural whiteness in the face -and hands--all the blood in fact having been driven from the -surface. I saw none of the killed: they had been removed before -consciousness returned. All that were on the left had been killed, -the gun bursting on that side, and throwing a large fragment, some -tons weight, on the cluster from which I had been removed, crushing -the front rank with its force and weight. Mr. Upshur, Secretary of -State; Mr. Gilmer, Secretary of the Navy; Commodore Kennon, of the -navy; Mr. Virgil Maxey, late United States charge at the Hague; Mr. -Gardiner of New York, father-in-law that would have been to Mr. -Tyler--were the dead. Eleven seamen were injured--two mortally. -Commodore Stockton was scorched by the burning powder, and stunned -by the concussion; but not further injured. I had the tympanum of -the left ear bursted through, the warm air from the lungs issuing -from it at every breathing. Senator Phelps and the young lady on -my right, had fallen inwards towards the gun, but got up without -injury. We all three had fallen inwards, as into a vacuum. The -President's servant who was next me on the left was killed. Twenty -feet of the vessels bulwark immediately behind me was blown away. -Several of the killed had members of their family on board--to be -deluded for a little while, by the care of friends, with the belief -that those so dear to them were only hurt. Several were prevented -from being in the crushed cluster by the merest accidents--Mr. Tyler -being called back--Mr. Seaton not finding his hat in time--myself -taken out of it the moment before the catastrophe. Fortunately there -were physicians on board to do what was right for the injured, -and to prevent blood-letting, so ready to be called for by the -uninformed, and so fatal when the powers of life were all on the -retreat. Gloomily and sad the gay company of the morning returned -to the city, and the calamitous intelligence flew over the land. -For myself, I had gone through the experience of a sudden death, -as if from lightning, which extinguishes knowledge and sensation, -and takes one out of the world without thought or feeling. I think I -know what it is to die without knowing it--and that such a death is -nothing to him that revives. The rapid and lucid working of the mind -to the instant of extinction, is the marvel that still astonishes -me. I heard the tap--saw the flash--felt the blast--and knew nothing -of the explosion. I was cut off in that inappreciable point of time -which intervened between the flash and the fire--between the burning -of the powder in the touch-hole, and the burning of it in the barrel -of the gun. No mind can seize that point of time--no thought can -measure it; yet to me it was distinctly marked, divided life from -death--the life that sees, and feels, and knows--from death (for -such it was for the time), which annihilates self and the world. And -now is credible to me, or rather comprehensible, what persons have -told me of the rapid and clear working of the mind in sudden and -dreadful catastrophes--as in steamboat explosions, and being blown -into the air, and have the events of their lives pass in review -before them, and even speculate upon the chances of falling on the -deck, and being crushed, or falling on the water and swimming: and -persons recovered from drowning, and running their whole lives over -in the interval between losing hope and losing consciousness. - - - - -CHAPTER CXXIX. - -RECONSTRUCTION OF MR. TYLER'S CABINET. - - -This was the second event of the kind during the administration of -Mr. Tyler--the first induced by the resignation of _Messrs._ Ewing, -Crittenden, Bell, and Badger, in 1841; the second, by the deaths of -_Messrs._ Upshur and Gilmer by the explosion of the Princeton gun. -Mr. Calhoun was appointed Secretary of State; John C. Spencer of New -York, Secretary of the Treasury; William Wilkins of Pennsylvania, -Secretary at War; John Y. Mason, of Virginia, Secretary of the Navy; -Charles A. Wickliffe, of Kentucky, Postmaster General; John Nelson, -of Maryland, Attorney General. The resignation of Mr. Spencer in a -short time made a vacancy in the Treasury, which was filled by the -appointment of George M. Bibb, of Kentucky. - - - - -CHAPTER CXXX. - -DEATH OF SENATOR PORTER, OF LOUISIANA: EULOGIUM OF MR. BENTON. - - -MR BENTON. I rise to second the motion which has been made to render -the last honors of this chamber to our deceased brother senator, -whose death has been so feelingly announced; and in doing so, I -comply with an obligation of friendship, as well as conform to the -usage of the Senate. I am the oldest personal friend which the -illustrious deceased could have upon this floor, and amongst the -oldest which he could have in the United States. It is now, sir, -more than the period of a generation--more than the third of a -century--since the then emigrant Irish boy, Alexander Porter, and -myself, met on the banks of the Cumberland River, at Nashville, in -the State of Tennessee; when commenced a friendship which death only -dissolved on his part. We belonged to a circle of young lawyers and -students at law, who had the world before them, and nothing but -their exertions to depend upon. First a clerk in his uncle's store, -then a student at law, and always a lover of books, the young Porter -was one of that circle, and it was the custom of all that belonged -to it to spend their leisure hours in the delightful occupation -of reading. History, poetry, elocution, biography, the ennobling -speeches of the living and the dead, were our social recreation; and -the youngest member of the circle was one of our favorite readers. -He read well, because he comprehended clearly, felt strongly, -remarked beautifully upon striking passages, and gave a new charm to -the whole with his rich, mellifluous Irish accent. It was then that -I became acquainted with Ireland and her children, read the ample -story of her wrongs, learnt the long list of her martyred patriots' -names, sympathized in their fate, and imbibed the feelings for a -noble and oppressed people which the extinction of my own life can -alone extinguish. - -Time and events dispersed that circle. The young Porter, his law -license signed, went to the Lower Mississippi; I to the Upper. And, -years afterwards, we met on this floor, senators from different -parts of that vast Louisiana which was not even a part of the -American Union at the time that he and I were born. We met here in -the session of 1833-'34--high party times, and on opposite sides of -the great party line; but we met as we had parted years before. We -met as friends; and, though often our part to reply to each other in -the ardent debate, yet never did we do it with other feelings than -those with which we were wont to discuss our subjects of recreation -on the banks of the Cumberland. - -I mention these circumstances, Mr. President, because, while they -are honorable to the deceased, they are also justificatory to myself -for appearing as the second to the motion which has been made. A -personal friendship of almost forty years gives me a right to appear -as a friend to the deceased on this occasion, and to perform the -office which the rules and the usage of the Senate permit, and which -so many other senators would so cordially and so faithfully perform. - -In performing this office, I have, literally, but little less to do -but to second the motion of the senator from Louisiana (Mr. Barrow). -The mover has done ample justice to his great subject. He also had -the advantage of long acquaintance and intimate personal friendship -with the deceased. He also knew him on the banks of the Cumberland, -though too young to belong to the circle of young lawyers and -law students, of which the junior member--the young Alexander -Porter--was the chief ornament and delight. But he knew him--long -and intimately--and has given evidence of that knowledge in the -just, the feeling, the cordial, and impressive eulogium which he has -just delivered on the life and character of his deceased friend and -colleague. He has presented to you the matured _man_, as developed -in his ripe and meridian age: he has presented to you the finished -scholar--the eminent lawyer--the profound judge--the distinguished -senator--the firm patriot--the constant friend--the honorable -man--the brilliant converser--the social, cheerful, witty companion. -He has presented to you the ripe fruit, of which I saw the early -blossom, and of which I felt the assurance more than thirty years -ago, that it would ripen into the golden fruit which we have all -beheld. - -Mr. President, this is no vain or empty ceremonial in which the -Senate is now engaged. Honors to the illustrious dead go beyond -the discharge of a debt of justice to them, and the rendition of -consolation to their friends: they become lessons and examples -for the living. The story of their humble beginning and noble -conclusion, is an example to be followed, and an excitement to be -felt. And where shall we find an example more worthy of imitation, -or more full of encouragement, than in the life and character of -Alexander Porter?--a lad of tender age--an orphan with a widowed -mother and younger children--the father martyred in the cause of -freedom--an exile before he was ten years old--an ocean to be -crossed, and a strange land to be seen, and a wilderness of a -thousand miles to be penetrated before he could find a resting-place -for the sole of his foot: then education to be acquired, support -to be earned, and even citizenship to be gained, before he could -make his own talents available to his support: conquering all these -difficulties by his own exertions, and the aid of an affectionate -uncle--(I will name him, for the benefactor of youth deserves to -be named, and named with honor in the highest places)--with no -other aid but that of an uncle's kindness, Mr. Alexander Porter, -sen., merchant of Nashville, also an emigrant from Ireland, and -full of the generous qualities which belong to the children of -that soil: this lad, an exile and an orphan from the Old World, -thus starting in the New World, with every thing to gain before -it could be enjoyed, soon attained every earthly object, either -brilliant or substantial, for which we live and struggle in this -life--honors, fortune, friends; the highest professional and -political distinction; long a supreme judge in his adopted State; -twice a senator in the Congress of the United States--wearing all -his honors fresh and glowing to the last moment of his life--and -the announcement of his death followed by the adjournment of the -two Houses of the American Congress! What a noble and crowning -conclusion to a beginning so humble, and so apparently hopeless! -Honors to such a life--the honors which we now pay to the memory -of Senator Porter--are not mere offerings to the dead, or mere -consolations to the feelings of surviving friends and relations; -they go further, and become incentives and inducements to the -ingenuous youth of the present and succeeding generations, -encouraging their hopes, and firing their spirits with a generous -emulation. - -Nor do the benefits of these honors stop with individuals, nor -even with masses, or generations of men. They are not confined to -_persons_, but rise to _institutions_--to the noble republican -institutions under which such things can be! Republican government -itself--that government which holds man together in the proud -state of equality and liberty--this government is benefited by the -exhibition of the examples such as we now celebrate, and by the -rendition of the honors such as we now pay. Our deceased brother -senator has honored and benefited our free republican institutions -by the manner in which he has advanced himself under them; and we -make manifest that benefit by the honors which we pay him. He has -given a practical illustration of the working of our free, and -equal, and elective form of government; and our honors proclaim the -nature of that working. What is done in this chamber is not done in -a corner, but on a lofty eminence, seen of all people. Europe, as -well as America, will see how our form of government has worked in -the person of an orphan exiled boy, seeking refuge in the land which -gives to virtue and talent all that they will ever ask--the free use -of their own exertions for their own advancement. - -Our deceased brother was not an American citizen by accident of -birth; he became so by the choice of his own will, and by the -operation of our laws. The events of his life, and the business of -this day, shows this title to citizenship to be as valid in our -America as it was in the great republic of antiquity. I borrow the -thought, not the language of Cicero, in his pleading for the poet -Archias, when I place the citizen who becomes so by law and choice -on an equal footing with the citizen who becomes so by chance. And, -in the instance before us, we may say that our adopted citizen has -repaid us for the liberality of our laws; that he has added to the -stock of our national character by the contributions which he has -brought to it in the purity of his private life, the eminence of -his public services, the ardor of his patriotism, and the elegant -productions of his mind. - -And here let me say--and I say it with pride and satisfaction--our -deceased brother senator loved and admired his adopted country, -with a love and admiration increasing with his age, and with his -better knowledge of the countries of the Old World. A few years ago, -and after he had obtained great honor and fortune in this country, -he returned on a visit to his native land, and to the continent -of Europe. It was an occasion of honest exultation for the orphan -emigrant boy to return to the land of his fathers, rich in the goods -of this life, and clothed with the honors of the American Senate. -But the visit was a melancholy one to him. His soul sickened at -the state of his fellow man in the Old World (I had it from his -own lips), and he returned from that visit with stronger feelings -than ever in favor of his adopted country. New honor awaited him -here--that of a second election to the American Senate. But of this -he was not permitted to taste; and the proceedings of this day -announce his second brief elevation to this body, and his departure -from it through the gloomy portals of death, and the radiant temple -of enduring fame. - - - - -CHAPTER CXXXI. - -NAVAL ACADEMY, AND NAVAL POLICY OF THE UNITED STATES. - - -By scraps of laws, regulations, and departmental instructions, a -Naval Academy has grown up, and a naval policy become established -for the United States, without the legislative wisdom of the country -having passed upon that policy, and contrary to its previous policy, -and against its interest and welfare. A Naval Academy, with 250 -pupils, and annually coming off in scores, makes perpetual demand -for ships and commissions; and these must be furnished, whether -required by the public service or not; and thus the idea of a -limited navy, or of a naval peace establishment, is extinguished; -and a perpetual war establishment in time of peace is growing up -upon our hands. Prone to imitate every thing that was English, -there was a party among us from the beginning which wished to -make the Union, like Great Britain, a great naval power, without -considering that England was an island, with foreign possessions; -which made a navy a necessity of her position and her policy, while -we were a continent, without foreign possessions, to whom a navy -would be an expensive and idle encumbrance; without considering -that England is often by her policy required to be aggressive, the -United States never; without considering that England is a part of -the European system, and subject to wars (to her always maritime) -in which she has no interest, while the United States, in the -isolation of their geographical position, and the independence of -their policy, can have no wars but her own; and those defensive. -On the other hand, there was a large party, and dominant after the -presidential election of 1800, which saw great evil in emulating -Great Britain as a naval power, and made head against that emulation -in all the modes of acting on the public mind: speeches and votes in -Congress, essays, legislative declarations. The most authoritative, -and best considered declaration of the principles of this party, -was made some fifty years ago, in the General Assembly of Virginia, -in the era of her greatest men; and when the minds of these men, -themselves fathers of the State, was most profoundly turned to the -nature, policy, and working of our government. All have heard of the -Virginia resolutions of 1798-'99, to restrain the unconstitutional -and unwise action of the federal government: there were certain -other cotemporaneous resolutions from the same source in relation -to a navy, of which but little has been known; and which, for forty -years, and now, are of more practical importance than the former. In -the session of her legislature, 1799-1800, in their "Instructions to -Senators," that General Assembly said: - - "With respect to the navy, it may be proper to remind you, that - whatever may be the proposed object of its establishment, or - whatever may be the prospect of temporary advantages resulting - therefrom, it is demonstrated by the experience of all nations, - which have ventured far into naval policy, that such prospect - is ultimately delusive; and that a navy has ever, in practice, - been known more as an instrument of power, a source of expense, - and an occasion of collisions and of wars with other nations, - than as an instrument of defence, of economy, or of protection - to commerce. Nor is there any nation, in the judgment of this - General Assembly, to whose circumstances these remarks are more - applicable than to the United States." - -Such was the voice of the great men of Virginia, some fifty -years ago--the voice of reason and judgment then; and more -just, judicious, and applicable, now, than then. Since that -time the electro-magnetic telegraph, and the steam-car, have -been invented--realizing for defensive war, the idea of the -whole art of war, as conceived and expressed by the greatest of -generals--DIFFUSION FOR SUBSISTENCE: CONCENTRATION FOR ACTION. That -was the language of the Great Emperor: and none but himself could -have so conceived and expressed that idea. And now the ordinary -commander can practise that whole art of war, and without ever -having read a book upon war. He would know what to have done, and -the country would do it. Play the telegraph at the approach of -an invader, and summon the volunteer citizens to meet him at the -water's edge. They would be found at home, diffused for subsistence: -they would concentrate for action, and at the rate of 500 miles -a day, or more if need be. In two days they would come from the -Mississippi to the Atlantic. It would be the mere business of the -accumulation of masses upon a given point, augmenting continually, -and attacking incessantly. Grand tactics, and the "nineteen -manoeuvres," would be unheard of: plain and direct killing would -be the only work. No amount of invading force could sustain itself -a fortnight on any part of our coast. If hundreds of thousands were -not enough to cut them up, millions would come--arms, munitions, -provisions, arriving at the same time. With this defence--cheap, -ready, omnipotent--who, outside of an insane hospital, would think -of building and keeping up eternal fleets to meet the invader and -fight him at sea? The idea would be senseless, if practicable; but -it would be impracticable. There will never be another naval action -fought for the command of the seas. There has been none such fought -since the French and British fleets met off Ouessant, in 1793. -That is the last instance of a naval action fought upon consent: -all the rest have been mere catching and whipping: and there will -never be another. Fleets must approach equality before they can -fight; and with her five hundred men-of-war on hand, Great Britain -is too far ahead to be overtaken by any nation, even if any one was -senseless enough to incur her debt and taxes for the purpose. Look -at Russia: building ships from the time of Peter the Great; and the -first day they were wanted, all useless and a burden! only to be -saved by the strongest fortifications in the world, filled with the -strongest armies of the world! and all burnt, or sunk, that could -not be so protected. Great Britain is compelled by the necessities -of her position, to keep up great fleets: the only way to make head -against them is to avoid swelling their numbers with the fleets of -other nations--avoid the Trafalgars, Aboukirs, Copenhagens, St. -Vincents--and prey upon her with cruisers and privateers. It is the -profound observation of Alison, the English historian of the wars -of the French revolution that the American cruisers did the British -more mischief in their two years' war of 1812, than all the fleets -of France did during their twenty years' war. What a blessing to -our country, if American statesmen could only learn that one little -sentence in Alison. - -The war of 1812 taught American statesmen a great lesson; but they -read it backwards, and understood it the reverse of its teaching. -It taught the efficacy of cruising--the inefficacy of fleets. -American cruisers, and privateers, did immense mischief to British -commerce and shipping: British fleets did no mischief to America. -Their cruisers did some mischief--their fleets none. And that is -the way to read the lesson taught by the naval operations of the -war of 1812. Cruisers, to be built when they are needed for use: -not fleets to rot down in peace, while waiting for war. Yet, for -forty years we have been building great ships--frigates equal -to ships of the line: liners, nearly double the old size--120 -guns instead of seventy-fours. Eleven of these great liners have -been built, merely to rot! at enormous cost in the building, and -great continual cost to delay the rotting; which, nevertheless, -goes on with the regularity and certainty of time. A judicious -administrative economy would have them all broken up (to say nothing -of others), and the serviceable parts all preserved, to be built -into smaller vessels when there shall be need for them. It is forty -years since this system of building vessels for which there was -no use, took its commencement, and the cry for more is greater -now than it was in the beginning; and must continue. A history of -each ship built in that time--what the building cost? what the -repairs? what the alterations? what the equipment? what the crew? -and how many shot she fired at an enemy? would be a history which -ought to be instructive; for it would show an incredible amount -of money as effectually wasted as if it had been thrown into the -sea. Great as this building and rotting has been for forty years -past, it must continue to become greater. The Naval Academy is -a fruitful mother, bearing 250 embryo officers in her womb at a -time, and all the time; and most of them powerfully connected: and -they must have ships and commissions, when they leave the mother's -breast. They are the children of the country, and must be provided -for--they and their children after them. This academy commits the -government to a great navy, as the Military Academy commits it to -a great army. It is no longer the wants of the country, but of the -_eleves_ of the institution which must be provided for; and routine -officers are to take all the places. Officers are now to be made in -schools, whether they have any vocation for the profession or not; -and slender is the chance of the government to get one that would -ever have gained a commission by his own exertions. This writer -was not a senator for thirty years, and the channel of incessant -applications for cadet and midshipman places, without knowing the -motives on which such applications were made; and these motives may -be found in three classes. First, and most honorable would be the -case of a father, who would say--"I have a son, a bright boy, that -I have been educating for a profession, but his soul is on fire for -the army, or navy, and I have yielded to his wishes, though against -my own, and believe if he gets the place, that he will not dishonor -his country's flag." One of the next class would say--"I have a -son, and he is not a bright boy (meaning that he is a booby), and -cannot take a profession, but he would do very well in the army or -navy." Of the third class, an unhappy father would say--"I have a -son, a smart boy, but wild (meaning he was vicious), and I want to -get him in the army or navy, where he could be disciplined." These, -and the hereditary class (those whose fathers and grandfathers have -been in the service) are the descriptions of applicants for these -appointments; so that, it may be seen, the chances are three or -four to one against getting a suitable subject for an officer; and -of those who are suitable, many resign soon after they have got -educated at public expense, and go into civil life. Routine officers -are, therefore, what may be expected from these schools--officers -whom nature has not licensed, and who keep out of the service those -whom she has. The finest naval officers that the world ever saw, -were bred in the merchant service; and of that England, Holland, -France, Genoa, and Venice, are proofs; and none more so than our own -country. The world never saw a larger proportion of able commanders -than our little navy of the Revolution, and of the Algerine and -Tripolitan wars, and the war of 1812, produced. They all came (but -few exceptions) from the merchant service; and showed an ability and -zeal which no school-house officers will ever equal. - -Great Britain keeps up squadrons in time of peace, and which is a -necessity of her insular position, and of her remote possessions: -we must have squadrons also, though no use for them abroad, and -infinitely better to remain in our own ports, and spend the millions -at home which are now spent abroad. There is not a sea in which our -commerce is subject to any danger of a kind which a man-of-war would -prevent, or punish, in which a cruiser would not be sufficient. -All our squadrons are anomalies, and the squadron system should -be broken up. The Home should never have existed, and owes its -origin to the least commendable period of our existence; the same -of the African, conceived at the same time, put upon us by treaty, -under the insidious clause that we could get rid of it in five -years, and which has already continued near three times five; and -which timidity and conservatism will combine to perpetuate--that -timidity which is the child of temporization, and sees danger in -every change. As for the Mediterranean, the Brazil, the Pacific, -the East India squadron, they are mere British imitations without -a reason for the copy, and a pretext for saying the ships are at -sea. The fact is, they are in comfortable stations, doing nothing, -and had far better be at home, and in ordinary. One hundred and -forty court-martials, many dismissions without courts, and two -hundred eliminations at a single dash, proclaim the fact that our -navy is idle! and that this idleness gives rise to dissipation, -to dissensions, to insubordination, to quarrels, to accusations, -to court-martials. The body of naval officers are as good as any -other citizens, but idleness is a destroyer which no body of men -can stand. We have no use for a navy, and never shall have; yet we -continue building ships and breeding officers--the ships to rot--the -officers to become "the cankers of a calm world and a long peace." - -The Virginia resolves of 1799-1800 on the subject of a navy, contain -the right doctrine for the United States, even if the state of -the world had remained what it was--even if the telegraph and the -steam-car had not introduced a new era in the art of defensive war. -It is the most expensive and inefficient of all modes of warfare. -Its cost is enormous: its results nothing. A naval victory decides -nothing but which shall have the other's ships. - -In the twenty years of the wars of the French revolution, Great -Britain whipped all the inimical fleets she could catch. She got -all their ships; and nothing but their ships. Not one of her naval -victories had the least effect upon the fate of the wars: land -battles alone decided the fate of countries, and commanded the -issues of peace or war. Concluding no war, they are one of the -fruitful sources of beginning wars. Only employed (by those who -possess them) at long intervals, they must be kept up the whole -time. Enormously expensive, the expense is eternal. Armies can be -disbanded--navies must be kept up. Long lists of officers must be -receiving pay when doing nothing. Pensions are inseparable from -the system. Going to sea in time of peace is nothing but visiting -foreign countries at the expense of the government. The annual -expense of our navy now (all the heads of expense incident to the -establishment included) is some fifteen millions of dollars: the -number of men employed, is some 10,000--being at a cost of $1,500 -a man, and they nothing to do. The whole number of guns afloat is -some 2,000--which is at the rate of some $9,000 a gun; and they -nothing in the world to shoot at. The expense of a navy is enormous. -The protection of commerce is a phrase incessantly repeated, and -of no application. Commerce wants no protection from men-of-war -except against piratical nations; and they are fewer now than they -were fifty years ago; and some cruisers were then sufficient. The -Mediterranean, which was then the great seat of piracy, is now as -free from it as the Chesapeake Bay is. We have no naval policy--no -system adapted by the legislative wisdom--no peace establishment--no -understood principle of action in relation to a navy. All goes by -fits and starts. A rumor of war is started: more ships are demanded: -a combined interest supports the demand--officers, contractors, -politicians. The war does not come, but the ships are built, and -rot: and so on in a circle without end. - - - - -CHAPTER CXXXII. - -THE HOME SQUADRON: ITS INUTILITY AND EXPENSE. - - -Early in the session of '43-'44, Mr. Hale, of New Hampshire, brought -into the House a resolution of inquiry into the origin, use, and -expense of the home squadron: to which Mr. Hamlin, of Maine, -proposed the further inquiry to know what service that squadron had -performed since it had been created. In support of his proposition, -Mr. Hale said: - - "He believed they were indebted to this administration for the - home squadron. The whole sixteen vessels which composed that - squadron were said to be necessary to protect the coasting - trade; and though the portion of the country from which he came - was deeply concerned in the coasting trade, yet he himself was - convinced that many of those vessels might be dispensed with. - If this information were laid before the House, they would have - something tangible on which to lay their hands, in the way of - retrenchment and reform. He wanted this information for the - purpose of pointing out to the House where an enormous expense - might be cut down, without endangering any of the interests of - the country. Gentlemen had talked about being prepared with a - sufficient navy to meet and contend with the naval power of - Great Britain; but had they any idea of the outlay which was - required to support such a navy? The expense of the navy of - Great Britain amounted to between eighty and a hundred millions - of dollars annually. We were not in want of such a great naval - establishment to make ourselves respected at home or abroad. - General Jackson alone had produced an impression upon one of - the oldest nations of Europe, which it would be impossible for - this administration to do with the assistance of all the navies - in the world." - -Mr. Jared Ingersoll was in favor of retrenchment and economy, but -thought the process ought to begin in the civil and diplomatic -department--in the Congress itself, and in the expenses it allowed -for multiplied missions abroad and incessant changes in the -incumbents. With respect to abuses in the naval expenditures, he -said:-- - - "He had no knowledge of his own on this subject; but he had - learned from a distinguished officer of the navy, that in - the navy-yards, in the equipment of ships, by the waste and - extravagance caused by allowing officers to rebuild ships when - they pleased, and the loss on the provisions of ships just - returned from sea, which have been taken or thrown away, the - greatest abuses have been practised, which have assisted in - swelling up the naval expenditures to their present enormous - amount." - -Mr. Adams differed from Mr. Ingersoll in the scheme of beginning -retrenchment on the civil list, and presented the army and the navy -as the two great objects of wasteful expenditure, and the points at -which reform ought to begin, and especially with retrenching this -home squadron, for which he had voted in 1841, but now condemned. He -said: - - "The gentleman gave the House, undoubtedly, a great deal of - instruction as to the manner in which it should carry out - retrenchment and reform, and finally elect a President; but his - remarks did not happen to apply to the motion of the gentleman - from New Hampshire; for he led them away from that motion, and - told them, in substance, that it was not the nine million of - dollars asked for by the Secretary of the Navy--and he did not - know how much asked for the army--that was to be retrenched. - Oh, no! The army and the navy were not the great expenses of - this nation; it was not by curtailing the military and naval - expenditures that economy was to be obtained; but by beginning - with the two Houses of Congress. And what was the comparison, - to come to dollars and cents, between the expenses of that - House and the Navy Department? Why, the gentleman, with all his - exaggerating eloquence, had made the executive, legislative, and - judicial powers of the country, to cost at least two millions of - dollars; while the estimates for the navy were nine millions, - to enable our ships to go abroad and display the stripes and - stars. And for what purpose was it necessary to have this home - squadron? Was the great maritime power of the earth in such a - position towards us as to authorize us to expect a hostile - British squadron on our coasts? No; he believed not. Then - what was this nine millions of dollars wanted for? There was - a statement, two years ago, in the report of the Secretary - of the Navy, in which they were told that our present navy, - in comparison with that of Great Britain, was only as one to - eight--that is, that the British navy was eight times as large - as ours. Now, in that year eight millions of dollars was asked - for for the navy; the report of the present year asks for nine - millions. This report contained the principle that we must go - on to increase our navy until it is at least one-half as large - as that of Great Britain; and what, then, was the proportion - of additional expense we must incur to arrive at that result? - Why, four times eight are thirty-two; so that it will take an - annual expenditure of thirty-two millions to give us a navy - half as large as that of Great Britain. If, however, gentlemen - were to go on in this way, $32,000,000--nay, $50,000,000 would - not be enough to pay the expense of their navy. He expressed - his approval of the resolution of the gentleman from New - Hampshire, and his gratification that it had come from such a - quarter--a quarter which was so deeply interested in having a - due protection for their mercantile navy and their coasting - trade, by the establishment of a home squadron. At the time the - home squadron was first proposed, he was, himself, in favor of - it, and it was adopted with but very little opposition; and - the reason was, because the House did not understand it at - that time. It looked to a war with Great Britain. It looked - more particularly to a war with Great Britain (the honorable - gentleman was understood to say), provided she took the island - of Cuba. He saw no necessity for a large navy, unless it was to - insult other nations, by taking possession of their territory - in time of peace. What was the good, he asked, of a navy which - cost the country $9,000,000 a year, compared with what was done - there in the legislative department of the nation? He expressed - his ardent hope that the gentleman from Tennessee [Mr. Cave - Johnson], and the gentleman from North Carolina [Mr. McKay]--now - the chairman of the Committee of Ways and Means--would persevere - in the same spirit that marked their conduct during the last - Congress, and still advocate reductions in the army and the - navy." - -Mr. Hale replied to the several gentlemen who, without offering -a word in favor of the utility of this domestic squadron, were -endeavoring to keep it up; and who, without denying the great abuse -and extravagance in the naval disbursements, were endeavoring to -prevent their correction by starting smaller game--and that smaller -game not to be pursued, and bagged, but merely started to prevent -the pursuit of the great monster which was ravaging the fields. -Thus:-- - - "He believed that the greatest abuses existed in every - department of the government, and that the extravagances of all - required correction. Look at the army of 8,000 men only, kept - up at an expense to the nation of $1,000 for each man. Was not - this a crying abuse that ought to be corrected? Why, if the - proposition had succeeded to increase the army to 20,000 men, - the expenditure at this rate would have been twenty millions - annually. If any gentleman knew of the existence of abuses, let - him bring them to the notice of the House, and he would vote - not only for the proper inquiry into them, but to apply the - remedy. In regard to this home squadron, he begged leave to - disclaim any of the suspicions entertained by the gentleman from - Massachusetts. In offering his resolution he had no reference to - Cuba, or any thing else suggested by the gentleman. He wanted - the House and the country to look at it as the Secretary of the - Navy presented it to their view. As to the pretence that it was - intended for the protection of the coasting trade, it was a most - idle one. He wished the gentlemen from Maine (the State most - largely interested in that trade) to say whether they needed any - such protection. He would answer for them, and say that they did - not. He himself lived among those who were extensively engaged - in the coasting trade, and part of his property was invested - in it. He could, therefore, speak with some knowledge on the - subject; and he hesitated not to say, that the idea of keeping - up this squadron for its protection was a most preposterous - and idle one. Sir, said he, the navy has been the pet child - of the nation, and, like all other pet children, has run away - with the whole patrimonial estate. If it were found that the - best interest of the country required the maintenance of the - home squadron, then he would go for it; but if it were found - to be utterly useless, as he believed, then he was decidedly - against it. But he would give this further notice; that he did - not mean to stop here; that when the appropriations should - come up, he intended to propose to limit those appropriations - to a sum sufficient only to support the squadron stationed in - the Mediterranean. It was entirely useless for this country to - endeavor to contend with monarchies in keeping up the pageantry - of a naval establishment." - -The proposed inquiry produced no result, only ending in -demonstrating what was well known to the older members, namely, -the difficulty, and almost impossibility of introducing any -reform, or economy into the administration of any department of -the government unless the Executive takes the lead. And of this -truth a striking instance occurred at this session and upon this -subject. The executive government, that is to say, the President and -his Secretary of the Navy had made a lawless expenditure of about -$700,000 during the recess of Congress; and Congress under a moral -duress, was compelled to adopt that expenditure as its own, and -make it good. When the clause in the naval appropriation bill for -covering this item, was under consideration, Mr. Ezra Dean, of Ohio, -stood up and said: - - "It was nothing less than a bill making appropriations to the - amount of $750,000 which had been expended by the department in - virtue of its own will and pleasure, and without the sanction - of any law whatever; and the House was called on to approve - this proceeding. He had supposed that any department which took - upon itself the power of expending the public money, without - authority of law, would have been subjected to the severest - rebuke of Congress. He had supposed that this would have been a - reform Congress, and that all the abuses of this administration - would be ferreted out and corrected; but in this he had been - grievously disappointed. He had endeavored to get the consent - of the House to take up the navy retrenchment bill, which would - correct all these abuses, but he had been mistaken; and so far - from being able to get the bill before the House, he had been - unable even to get the yeas and nays on the question of taking - it up. There was great reason for this. This Navy Department - had been for the last two years the great vortex which had - swallowed up two-thirds of the revenues of the government. In - 1840, a law was passed that no money should be expended for the - building of ships without the express sanction of Congress; and - yet, in defiance of this law, the Navy Department had gone on - to build an iron steamship at Pittsburg, and six sloops-of-war; - and he was told that part of the appropriations in this bill - were to complete these vessels. Mr. D. then spoke of the utter - uselessness of these steamships on the western waters, and - referred to the number of ships that were now rotting for - want of use, both on the stocks and laid up in ordinary; and - particularly referred to the magnificent ship Delaware, which - had just returned from a cruise, and was dismantled, and laid - up to rot at Norfolk, while the department was clamorous for - building more ships. There were not only more ships now built - and building than could be used, but there were three times as - many officers as could be employed. There were 96 commanders, - with salaries of $3,500 a-year, while there was only employment - for 38 of them; and there were 68 captains, while there was - only employment for but 18. He then referred to the number of - officers waiting orders, and on leave of absence, and said - that the country would be astonished to learn, that for such - officers, the country was now paying $283,700 a year; and that, - by referring to the records of the Navy Department, it would - be found that for the last twenty years, more than half of the - officers of the navy were drawing their pay and emoluments - while at home, on leave of absence, or waiting orders. Mr. D. - spoke of many other abuses in the navy, which he said required - correction, and expressed his great regret that he had not been - able to get the House to act on his navy retrenchment bill." - -Mr. McKay, of North Carolina, who was the chairman of the Committee -of Ways and Means, whose duty it became to present this item in the -appropriation bill, fully admitted its illegality and wastefulness; -but plead the necessity of providing for its payment, as the -money had been earned by work and labor done on the faith of the -government, and to withhold payment would be a wrong to laborers, -and no punishment to the officers who had occasioned the illegal -expenditure. A high officer had done this wrong. He was ready to -join in a vote of censure upon him: but to repudiate the debt, and -leave laboring people without pay for their work and materials was -what he could not do. And thus ended the session with sanctioning an -abuse of $700,000 in one item in the navy, which session had opened -with a manly attempt to correct some of its extravagances. And thus -have ended all similar attempts since. A powerful combined interest -pushes forward an augmented navy, without regard to any object -but their own interest in it. First, the politicians who raise a -clamor of war at the return of each presidential canvass, and a -cry for ships to carry it on. Next, the naval officers, who are -always in favor of more ships to give more commands. And, thirdly, -the contractors who are to build these ships, and get rich upon -their contracts. These three parties combine to build ships, and -Congress becomes a helpless instrument in their hands. The friends -of economy, and of a wise national policy, which prefers cruisers -and privateers to ships of the line, may deliver their complaints -in vain. Ship building, and ship rotting, goes on unchecked, and -even with accelerated speed; and must continue to so go on until -the enormity of the abuse produces a revulsion which, in curing the -abuse may nearly kill the navy itself. - - - - -CHAPTER CXXXIII. - -PROFESSOR MORSE: HIS ELECTRO-MAGNETIC TELEGRAPH. - - -Communication of intelligence by concerted signals is as old as the -human race, and by all, except the white race, remains where it was -six thousand years ago. The smokes raised on successive hills to -give warning of the approach of strangers, or enemies, were found -to be the same by Fremont in his western explorations which were -described by Herodotus as used for the same purpose by the barbarian -nations of his time: the white race alone has made advances upon -that rude and imperfect mode of communication, and brought the art -to a marvellous perfection, but only after the intervention of -thousands of years. It was not until the siege of Vienna by the -Turks, that the very limited intelligence between the besieged in a -city and their friends outside, was established by the telegraph: -and it was not until the breaking out of the French revolution that -that mode of intelligence was applied to the centre and to the -circumference of a country: and at that point it was stationary -for fifty years. It was reserved for our own day, and our own -country to make the improvement which annihilates distance, which -disregards weather and darkness, and which rivals the tongue and the -pen in the precision and infinitude of its messages. Dr. Franklin -first broached the idea of using electricity for communicating -intelligence: Professor Morse gave practical application to his -idea. This gentleman was a portrait painter by profession, and had -been to Europe to perfect himself in his art. Returning in the -autumn of 1832, and while making the voyage, the recent discoveries -and experiments in electro-magnetism, and the affinity of -electricity to magnetism, or rather their probable identity, became -a subject of casual conversation between himself and a few of the -passengers. It had recently been discovered that an electric spark -could be obtained from a magnet, and this discovery had introduced a -new branch of science, to wit: magneto-electricity. Dr. Franklin's -experiments on the velocity of electricity, exceeding that of -light, and exceeding 180,000 miles in a moment, the feasibility -of making electricity the means of telegraphic intercourse, that -is to say of writing at a distance, struck him with great force, -and became the absorbing subject of his meditations. The idea of -telegraphing by electricity was new to him. Fortunately he did not -know that some eminent philosophers had before conceived the same -idea, but without inventing a plan by which the thought could be -realized. Knowing nothing of their ideas, he was not embarrassed -or impeded by the false lights of their mistakes. As the idea -was original with him, so was his plan. All previous modes of -telegraphing had been by evanescent signs: the distinctive feature -of Morse's plan was the self-recording property of the apparatus, -with its ordinarily inseparable characteristic of audible clicks, -answering the purposes of speech; for, in impressing the characters, -the sounds emitted by the machinery gave notice of each that was -struck, as well understood by the practised ear as the recorded -language was by the eye. In this he became the inventor of a new -art--the art of telegraphic recording, or imprinting characters -telegraphically. - -Mr. Morse then had his invention complete in his head, and his labor -then begun to construct the machinery and types to reduce it to -practice, in which having succeeded to the entire satisfaction of a -limited number of observers in the years 1836 and '37, he laid it -before Congress in the year 1838, made an exhibit of its working -before a committee, and received a favorable report. Much time was -then lost in vain efforts to procure patents in England and France, -and returning to Congress in 1842, an appropriation of $30,000 was -asked for to enable the inventor to test his discovery on a line of -forty miles, between Washington and Baltimore. The appropriation -was granted--the preparations completed by the spring of 1844, and -messages exchanged instantaneously between the two points. The line -was soon extended to New York, and since so multiplied, that the -Morse electro-magnetic telegraph now works over 80,000 miles in -America and 50,000 in Europe. It is one of the marvellous results of -science, putting people who are thousands of miles apart in instant -communication with the accuracy of a face to face conversation. Its -wonderful advantages are felt in social, political, commercial and -military communications, and, in conjunction with the steam car, is -destined to work a total revolution in the art of defensive warfare. -It puts an end to defensive war on the ocean, to the necessity of -fortifications, except to delay for a few days the bombardment -of a city. The approach of invaders upon any point, telegraphed -through the country, brings down in the flying cars myriads of -citizen soldiers, arms in hand and provisions in abundance, to -overwhelm with numbers any possible invading force. It will dispense -with fleets and standing armies, and all the vast, cumbrous, and -expensive machinery of a modern army. Far from dreading an invasion, -the telegraph and the car may defy and dare it--may invite any -number of foreign troops to land--and assure the whole of them of -death or captivity, from myriads of volunteers launched upon them -hourly from the first moment of landing until the last invader is a -corpse or a prisoner. - - - - -CHAPTER CXXXIV. - -FREMONT'S SECOND EXPEDITION. - - -"The government deserves credit for the zeal with which it has -pursued geographical discovery." Such is the remark which a leading -paper made upon the discoveries of Fremont, on his return from his -second expedition to the Great West; and such is the remark which -all writers will make upon all his discoveries who write history -from public documents and outside views. With all such writers -the expeditions of Fremont will be credited to the zeal of the -government for the promotion of science; as if the government under -which he acted had conceived and planned these expeditions, as Mr. -Jefferson did that of Lewis and Clark, and then selected this young -officer to carry into effect the instructions delivered to him. How -far such history would be true in relation to the first expedition, -which terminated in the Rocky Mountains, has been seen in the -account which has been given of the origin of that undertaking, -and which leaves the government innocent of its conception; and, -therefore, not entitled to the credit of its authorship, but -only to the merit of permitting it. In the second, and greater -expedition, from which great political as well as scientific -results have flowed, their merit is still less; for, while equally -innocent of its conception, they were not equally passive to its -performance--countermanding the expedition after it had begun; -and lavishing censure upon the adventurous young explorer for his -manner of undertaking it. The fact was, that his first expedition -barely finished, Mr. Fremont sought and obtained orders for a -second one, and was on the frontier of Missouri with his command -when orders arrived at St. Louis to stop him, on the ground that -he had made a military equipment which the peaceful nature of his -geographical pursuit did not require! as if Indians did not kill and -rob scientific men as well as others if not in a condition to defend -themselves. The particular point of complaint was that he had taken -a small mountain howitzer, in addition to his rifles: and which, he -was informed, was charged to him, although it had been furnished -upon a regular requisition on the commandant of the Arsenal at -St. Louis, approved by the commander of the military department -(Colonel, afterwards General Kearney). Mr. Fremont had left St. -Louis, and was at the frontier, Mrs. Fremont being requested to -examine the letters that came after him, and forward those which he -ought to receive. She read the countermanding orders, and detained -them! and Fremont knew nothing of their existence until after he had -returned from one of the most marvellous and eventful expeditions -of modern times--one to which the United States are indebted (among -other things) for the present ownership of California, instead of -seeing it a British possession. The writer of this View, who was -then in St. Louis, approved of the course which his daughter had -taken (for she had stopped the orders before he knew of it); and he -wrote a letter to the department condemning the recall, repulsing -the reprimand which had been lavished upon Fremont, and demanding a -court-martial for him when he should return. The Secretary at War -was then Mr. James Madison Porter, of Pennsylvania; the chief of the -Topographical corps the same as now (Colonel Aberts), himself an -office man, surrounded by West Point officers, to whose pursuit of -easy service Fremont's adventurous expeditions was a reproach; and -in conformity to whose opinions the secretary seemed to have acted. -On Fremont's return, upwards of a year afterwards, Mr. William -Wilkins, of Pennsylvania, was Secretary at War, and received the -young explorer with all honor and friendship, and obtained for him -the brevet of captain from President Tyler. And such is the inside -view of this piece of history--very different from what documentary -evidence would make it. - -To complete his survey across the continent, on the line of travel -between the State of Missouri and the tide-water region of the -Columbia, was Fremont's object in this expedition; and it was all -that he had obtained orders for doing; but only a small part, and to -his mind, an insignificant part, of what he proposed doing. People -had been to the mouth of the Columbia before, and his ambition was -not limited to making tracks where others had made them before -him. There was a vast region beyond the Rocky Mountains--the whole -western slope of our continent--of which but little was known; and -of that little, nothing with the accuracy of science. All that -vast region, more than seven hundred miles square--equal to a -great kingdom in Europe--was an unknown land--a sealed book, which -he longed to open, and to read. Leaving the frontier of Missouri -in May, 1843, and often diverging from his route for the sake of -expanding his field of observation, he had arrived in the tide-water -region of Columbia in the month of November; and had then completed -the whole service which his orders embraced. He might then have -returned upon his tracks, or been brought home by sea, or hunted the -most pleasant path for getting back; and if he had been a routine -officer, satisfied with fulfilling an order, he would have done -so. Not so the young explorer who held his diploma from Nature, -and not from the United States' Military Academy. He was at Fort -Vancouver, guest of the hospitable Dr. McLaughlin, Governor of the -British Hudson Bay Fur Company; and obtained from him all possible -information upon his intended line of return--faithfully given, -but which proved to be disastrously erroneous in its leading and -governing feature. A southeast route to cross the great unknown -region diagonally through its heart (making a line from the Lower -Columbia to the Upper Colorado of the Gulf of California), was his -line of return: twenty-five men (the same who had come with him -from the United States) and a hundred horses, were his equipment; -and the commencement of winter the time of starting--all with out a -guide, relying upon their guns for support; and, in the last resort, -upon their horses--such as should give out! for one that could carry -a man, or a pack, could not be spared for food. - -All the maps up to that time had shown this region traversed from -east to west--from the base of the Rocky Mountains to the Bay of San -Francisco--by a great river called the _Buena Ventura_: which may be -translated, the _Good Chance_. Governor McLaughlin believed in the -existence of this river, and made out a conjectural manuscript map -to show its place and course. Fremont believed in it, and his plan -was to reach it before the dead of winter, and then hybernate upon -it. As a great river, he knew that it must have some rich bottoms; -covered with wood and grass, where the wild animals would collect -and shelter, when the snows and freezing winds drove them from the -plains: and with these animals to live on, and grass for the horses, -and wood for fires, he expected to avoid suffering, if not to enjoy -comfort, during his solitary sojourn in that remote and profound -wilderness. He proceeded--soon encountered deep snows which impeded -progress upon the high lands--descended into a low country to the -left (afterwards known to be the Great Basin, from which no water -issues to any sea)--skirted an enormous chain of mountain on the -right, luminous with glittering white snow--saw strange Indians, who -mostly fled--found a desert--no Buena Ventura: and death from cold -and famine staring him in the face. The failure to find the river, -or tidings of it, and the possibility of its existence seeming to -be forbid by the structure of the country, and hybernation in the -inhospitable desert being impossible, and the question being that -of life and death, some new plan of conduct became indispensable. -His celestial observations told him that he was in the latitude of -the Bay of San Francisco, and only seventy miles from it. But what -miles! up and down that snowy mountain which the Indians told him -no men could cross in the winter--which would have snow upon it as -deep as the trees, and places where people would slip off, and fall -half a mile at a time;--a fate which actually befell a mule, packed -with the precious burden of botanical specimens, collected along a -travel of two thousand miles. No reward could induce an Indian to -become a guide in the perilous adventure of crossing this mountain. -All recoiled and fled from the adventure. It was attempted without -a guide--in the dead of winter--accomplished in forty days--the men -and surviving horses--a woful procession, crawling along one by -one: skeleton men leading skeleton horses--and arriving at Suter's -Settlement in the beautiful valley of the Sacramento; and where a -genial warmth, and budding flowers, and trees in foliage, and grassy -ground, and flowing streams, and comfortable food, made a fairy -contrast with the famine and freezing they had encountered, and the -lofty _Sierra Nevada_ which they had climbed. Here he rested and -recruited; and from this point, and by way of Monterey, the first -tidings were heard of the party since leaving Fort Vancouver. - -Another long progress to the south, skirting the western base of -the Sierra Nevada, made him acquainted with the noble valley of the -San Joaquin, counterpart to that of the Sacramento; when crossing -through a gap and turning to the left, he skirted the Great Basin; -and, by many deviations from the right line home, levied incessant -contributions to science from expanded lands, not described before. -In this eventful exploration all the great features of the western -slope of our continent were brought to light--the Great Salt Lake, -the Utah Lake, the Little Salt Lake; at all which places, then -desert, the Mormons now are; the Sierra Nevada, then solitary in the -snow, now crowded with Americans, digging gold from its flanks; the -beautiful valleys of the Sacramento and San Joaquin, then alive with -wild horses, elk, deer, and wild fowls, now smiling with American -cultivation; the Great Basin itself, and its contents; the Three -Parks; the approximation of the great rivers which, rising together -in the central region of the Rocky Mountains, go off east and west, -towards the rising and the setting sun:--all these, and other -strange features of a new region, more Asiatic than American, were -brought to light, and revealed to public view in the results of this -exploration. Eleven months he was never out of sight of snow; and -sometimes, freezing with cold, would look down upon a sunny valley, -warm with genial heat;--sometimes panting with the summer's heat, -would look up at the eternal snows which crowned the neighboring -mountain. But it was not then that California was secured to the -Union--to the greatest power of the New World--to which it of right -belonged: but it was the first step towards the acquisition, and -the one that led to it. That second expedition led to a third, -just in time to snatch the golden California from the hands of the -British, ready to clutch it. But of this hereafter. Fremont's second -expedition was now over. He had left the United States a fugitive -from his government, and returned with a name that went over Europe -and America, and with discoveries bearing fruit which the civilized -world is now enjoying. - - - - -CHAPTER CXXXV. - -TEXAS ANNEXATION: SECRET ORIGIN; BOLD INTRIGUE FOR THE PRESIDENCY. - - -In the winter of 1842-'3, nearly two years before the presidential -election, there appeared in a Baltimore newspaper an elaborately -composed letter on the annexation of Texas, written by Mr. Gilmer, a -member of Congress from Virginia, urging the immediate annexation, -as necessary to forestall the designs of Great Britain upon that -young country. These designs, it was alleged, aimed at a political -and military domination on our south-western border, with a view to -abolition and hostile movements against us; and the practical part -of the letter was an earnest appeal to the American people to annex -the Texas republic immediately, as the only means of preventing -such great calamities. This letter was a clap of thunder in a clear -sky. There was nothing in the political horizon to announce or -portend it. Great Britain had given no symptom of any disposition -to war upon us, or to excite insurrection among our slaves. Texas -and Mexico were at war, and to annex the country was to adopt the -war: far from hastening annexation, an event desirable in itself -when it could be honestly done, a premature and ill-judged attempt, -upon groundless pretexts, could only clog and delay it. There was -nothing in the position of Mr. Gilmer to make him a prime mover -in the annexation scheme; and there was much in his connections -with Mr. Calhoun to make him the reflector of that gentleman's -opinions. The letter itself was a counterpart of the movement made -by Mr. Calhoun in the Senate, in 1836, to bring the Texas question -into the presidential election of that year; its arguments were -the amplification of the seminal ideas then presented by that -gentleman: and it was his known habit to operate through others. Mr. -Gilmer was a close political friend, and known as a promulgator of -his doctrines--having been the first to advocate nullification in -Virginia. - -Putting all these circumstances together, I believed, the moment -I saw it, that I discerned the finger of Mr. Calhoun in that -letter, and that an enterprise of some kind was on foot for the -next presidential election--though still so far off. I therefore -put an eye on the movement, and by observing the progress of the -letter, the papers in which it was republished, their comments, the -encomiums which it received, and the public meetings in which it was -commended, I became satisfied that there was no mistake in referring -its origin to that gentleman; and became convinced that this -movement was the resumption of the premature and abortive attempt -of 1836. In the course of the summer of 1843, it had been taken up -generally in the circle of Mr. Calhoun's friends, and with the zeal -and pertinacity which betrayed the spirit of a presidential canvass. -Coincident with these symptoms, and indicative of a determined -movement on the Texas question, was a pregnant circumstance in -the executive branch of the government. Mr. Webster, who had been -prevailed upon to remain in Mr. Tyler's cabinet when all his -colleagues of 1841 left their places, now resigned his place, -also--induced, as it was well known, by the altered deportment of -the President towards him; and was succeeded first by Mr. Legare, of -South Carolina, and, on his early death, by Mr. Upshur, of Virginia. - -Mr. Webster was inflexibly opposed to the Texas annexation, and also -to the presidential elevation of Mr. Calhoun; the two gentlemen, -his successors, were both favorable to annexation, and one (Mr. -Upshur) extremely so to Mr. Calhoun; so that, here were two steps -taken in the suspected direction--an obstacle removed and a facility -substituted. This change in the head of the State Department, upon -whatever motive produced, was indispensable to the success of the -Texas movement, and could only have been made for some great cause -never yet explained, seeing the service which Mr. Webster did Mr. -Tyler in remaining with him when the other ministers withdrew. -Another sign appeared in the conduct of the President himself. He -was undergoing another change. Long a democrat, and successful in -getting office at that, he had become a whig, and with still greater -success. Democracy had carried him to the Senate; whiggism elevated -him to the vice-presidency; and, with the help of an accident, to -the presidency. He was now settling back, as shown in a previous -chapter, towards his original party, but that wing of it which had -gone off with Mr. Calhoun in the nullification war--a natural line -of retrogression on his part, as he had travelled it in his transit -from the democratic to the whig camp. The papers in his interest -became rampant for Texas; and in the course of the autumn, the rumor -became current and steady that negotiations were in progress for the -annexation, and that success was certain. - -Arriving at Washington at the commencement of the session of -1843-'44, and descending the steps of the Capitol in a throng of -members on the evening of the first day's sitting, I was accosted -by Mr. Aaron V. Brown, a representative from Tennessee, with -expressions of great gratification at meeting with me so soon; -and who immediately showed the cause of his gratification to be -the opportunity it afforded him to speak to me on the subject of -the Texas annexation. He spoke of it as an impending and probable -event--complimented me on my early opposition to the relinquishment -of that country, and my subsequent efforts to get it back, and -did me the honor to say that, as such original enemy to its loss -and early advocate of its recovery, I was a proper person to -take a prominent part in now getting it back. All this was very -civil and quite reasonable, and, at another time and under other -circumstances, would have been entirely agreeable to me; but -preoccupied as my mind was with the idea of an intrigue for the -presidency, and a land and scrip speculation which I saw mixing -itself up with it, and feeling as if I was to be made an instrument -in these schemes, I took fire at his words, and answered abruptly -and hotly: _That it was, on the part of some, an intrigue for the -presidency and a plot to dissolve the Union--on the part of others, -a Texas scrip and land speculation; and that I was against it._ - -This answer went into the newspapers, and was much noticed at -the time, and immediately set up a high wall between me and the -annexation party. I had no thought at the time that Mr. Brown had -been moved by anybody to sound me, and presently regretted the -warmth with which I had replied to him--especially as no part of -what I said was intended to apply to him. The occurrence gave rise -to some sharp words at one another afterwards, which, so far as they -were sharp on my part, I have since condemned, and do not now repeat. - -Some three months afterwards there appeared in the _Richmond -Enquirer_ a letter from General Jackson to Mr. Brown, in answer to -one from Mr. Brown to the general, covering a copy of Mr. Gilmer's -Texas letter, and asking the favor of his (the general's) opinion -upon it: which he promptly and decidedly gave, and fully in favor -of its object. Here was a revelation and a coincidence which -struck me, and put my mind to thinking, and opened up a new vein -of exploration, into which I went to work, and worked on until I -obtained the secret history of the famous "Jackson Texas letter" (as -it came to be called), and which played so large a part in the Texas -annexation question, and in the presidential election of 1844; and -which drew so much applause upon the general from many who had so -lately and so bitterly condemned him. This history I now propose to -give, confining the narrative to the intrigue for the presidential -nomination, leaving the history of the attempted annexation (treaty -of 1844) for a separate chapter, or rather chapters; for it was an -enterprise of many aspects, according to the taste of different -actors--presidential, disunion, speculation. - -The outline of this history--that of the letter--is brief and -authentic; and, although well covered up at the time, was known to -too many to remain covered up long. It was partly made known to me -at the time, and fully since. It runs thus: - -Mr. Calhoun, in 1841-'2, had resumed his design (intermitted in -1840) to stand for the presidency, and determined to make the -annexation of Texas--immediate annexation--the controlling issue -in the election. The death of President Harrison in 1841, and the -retreat of his whig ministers, and the accession of his friends to -power in the person of Mr. Tyler (then settling back to his old -love), and in the persons of some of his cabinet, opened up to his -view the prospect of a successful enterprise in that direction; and -he fully embraced it, and without discouragement from the similar -budding hopes of Mr. Tyler himself, which it was known would be -without fruit, except what Mr. Calhoun would gather--the ascendant -of his genius assuring him the mastery when he should choose to -assume it. His real competitors (foreseen to be Mr. Van Buren and -Mr. Clay) were sure to be against it--immediate annexation--and they -would have a heavy current to encounter, all the South and West -being for the annexation, and a strong interest, also, in other -parts of the Union. There was a basis to build upon in the honest -feelings of the people, and inflammatory arguments to excite them; -and if the opinion of General Jackson could be obtained in its -favor, the election of the annexation candidate was deemed certain. - -With this view the Gilmer letter was composed and published, and -sent to him--and was admirably conceived for his purpose. It took -the veteran patriot on the side of his strong feelings--love of -country and the Union--distrust of Great Britain--and a southern -susceptibility to the dangers of a servile insurrection. It carried -him back to the theatre of his glory--the Lower Mississippi--and -awakened his apprehensions for the safety of that most vulnerable -point of our frontier. Justly and truly, but with a refinement of -artifice in this case, it presented annexation as a strengthening -plaster to the Union, while really intended to sectionalize it, -and to effect disunion if the annexation failed. This idea of -strengthening the Union had, and in itself deserved to have, an -invincible charm for the veteran patriot. Besides, the recovery of -Texas was in the line of his policy, pursued by him as a favorite -object during his administration; and this desire to get back that -country, patriotic in itself, was entirely compatible with his -acquiescence in its relinquishment as a temporary sacrifice in 1819; -an acquiescence induced by the "_domestic_" reason communicated to -him by Mr. Monroe. - -The great point in sending the Gilmer letter to him, with its -portents of danger from British designs, was to obtain from him -the expression of an opinion in favor of "immediate" annexation. -No other opinion would do any good. A future annexation, no -matter how soon after 1844, would carry the question beyond the -presidential election, and would fall in with the known opinions of -Mr. Van Buren and Mr. Clay, and most other American statesmen, the -common sentiment being for annexation, when it could be honestly -accomplished. Such annexation would make no issue at all. It would -throw Texas out of the canvass. Immediate was, therefore, the game; -and to bring General Jackson to that point was the object. To do -that, the danger of British occupation was presented as being -so imminent as to admit of no delay, and so disastrous in its -consequences as to preclude all consideration of present objections. -It was a bold conception, and of critical execution. Jackson was one -of the last men in the world to be tampered with--one of the last to -be used against a friend or for a foe--the very last to be willing -to see Mr. Calhoun President--and the very first in favor of Mr. Van -Buren. To turn him against his nature and his feelings in all these -particulars was a perilous enterprise: but it was attempted--and -accomplished. - -It has already been shown that the letter of Mr. Gilmer was -skilfully composed for its purpose: all the accessories of its -publication and transmission to General Jackson were equally -skilfully contrived. It was addressed to a friend in Maryland, which -was in the opposite direction from the _locus_ of its origin. It -was drawn out upon the call of a friend: that is the technical way -of getting a private letter before the public. It was published -in Baltimore--a city where its writer did not live. The name of -the friend in Maryland who drew it out, was concealed; and that -was necessary to the success of the scheme, as the name of this -suspected friend (Mr. Duff Green) would have fastened its origin -on Mr. Calhoun. And thus the accessories of the publication were -complete, and left the mind without suspicion that the letter had -germinated in a warm southern latitude. It was then ready to start -on its mission to General Jackson; but how to get it there, without -exciting suspicion, was the question. Certainly Mr. Gilmer would -have been the natural agent for the transmission of his own letter; -but he stood too close to Mr. Calhoun--was too much his friend and -intimate--to make that a safe adventure. A medium was wanted, which -would be a conductor of the letter and a non-conductor of suspicion; -and it was found in the person of Mr. Aaron V. Brown. But he was -the friend of Mr. Van Buren, and it was necessary to approach him -through a medium also, and one was found in one of Mr. Gilmer's -colleagues--believed to be Mr. Hopkins, of the House, who came from -near the Tennessee line; and through him the letter reached Mr. -Brown. - -And thus, conceived by one, written by another, published by a -third, and transmitted through two successive mediums, the missive -went upon its destination, and arrived safely in the hands of -General Jackson. It had a complete success. He answered it promptly, -warmly, decidedly, affirmatively. So fully did it put him up to the -point of "immediate" annexation, that his impatience outstripped -expectation. He counselled haste--considered the present the -accepted time--and urged the seizure of the "golden opportunity" -which, if lost now, might never return. The answer was dated at the -Hermitage, March 12th, 1843, and was received at Washington as soon -as the mail could fetch it. Of course it came to Mr. Brown, to whom -it belonged, and to whom it was addressed; but I did not hear of it -in his hands. My first information of it was in the hands of Mr. -Gilmer, in the hall of the House, immediately after its arrival--he, -crossing the hall with the letter in his hand, greatly elated, and -showing it to a confidential friend, with many expressions of now -confident triumph over Mr. Van Buren. The friend was permitted to -read the letter, but with the understanding that nothing was to be -said about it at that time. - -_Mr. Gilmer then explained to his friend the purpose for which this -letter had been written and sent to General Jackson, and the use -that was intended to be made of his answer (if favorable to the -design of the authors), which use was this: It was to be produced -in the nominating convention, to overthrow Mr. Van Buren, and give -Mr. Calhoun the nomination, both of whom were to be interrogated -beforehand; and as it was well known what the answers would -be--Calhoun for and Van Buren against immediate annexation--and -Jackson's answer coinciding with Calhoun's, would turn the scale in -his favor, "and blow Van Buren sky high."_ - -This was the plan, and this the state of the game, at the end of -February, 1843; but a great deal remained to be done to perfect the -scheme. The sentiment of the democratic party was nearly unanimous -for Mr. Van Buren, and time was wanted to undermine that sentiment. -Public opinion was not yet ripe for immediate annexation, and time -was wanted to cultivate that opinion. There was no evidence of -any British domination or abolition plot in Texas, and time was -wanted to import one from London. All these operations required -time--more of it than intervened before the customary period for -the meeting of the convention. That period had been the month of -December preceding the year of the election, and Baltimore the -place for these assemblages since Congress presidential caucuses -had been broken down--that near position to Washington being chosen -for the convenient attendance of that part of the members of -Congress who charged themselves with these elections. If December -remained the period for the meeting, there would be no time for the -large operations which required to be performed; for, to get the -delegates there in time, they must be elected beforehand, during -the summer--so that the working season of the intriguers would -be reduced to a few months, when upwards of a year was required. -To gain that time was the first object, and a squad of members, -some in the interest of Mr. Calhoun, some professing friendship -to Mr. Van Buren, but secretly hostile to him, sat privately in -the Capitol, almost nightly, corresponding with all parts of the -country, to get the convention postponed. All sorts of patriotic -motives were assigned for this desired postponement, as that it -would be more convenient for the delegates to attend--nearer to the -time of election--more time for public opinion to mature; and most -favorable to deliberate decision. But another device was fallen -upon to obtain delay, the secret of which was not put into the -letters, nor confided to the body of the nightly committee. It had -so happened that the opposite party--the whigs--since the rout of -the Congress presidential caucuses, had also taken the same time and -place for their conventions--December, and Baltimore--and doubtless -for the same reason, that of the more convenient attending of the -President-making members of Congress; and this led to an intrigue -with the whigs, the knowledge of which was confined to a very few. -It was believed that the democratic convention could be the more -readily put off if the whigs would do the like--and do it first. - -There was a committee within the committee--a little nest of head -managers--who undertook this collusive arrangement with the whigs. -They proposed it to them, professing to act in the interest of Mr. -Calhoun, though in fact against him, as well as against Mr. Van -Buren. The whigs readily agreed to this proposal, because, being -themselves then unanimous for Mr. Clay, it made no difference at -what time he should be nominated; and believing they could more -easily defeat Mr. Calhoun than Mr. Van Buren, they preferred him -for an antagonist. They therefore agreed to the delay, and both -conventions were put off (and the whigs first, to enable the -democrats to plead it) from December, 1843, to May, 1844. Time for -operating having now been gained, the night squad in the Capitol -redoubled their activity to work upon the people. Letter writers -and newspapers were secured. Good, easy members, were plied with -specious reasons--slippery ones were directly approached. Visitors -from the States were beset and indoctrinated. Men were picked out -to operate on the selfish, and the calculating; and myriads of -letters were sent to the States, to editors, and politicians. All -these agents worked to a pattern, the primary object being to undo -public sentiment in favor of Mr. Van Buren, and to manufacture one, -ostensibly in favor of Mr. Calhoun, but in reality without being -for him--they being for any one of four (Mr. Cass, Mr. Buchanan, -Colonel Johnson, Mr. Tyler), in preference to either of them. They -were for neither, and the only difference was that Mr. Calhoun -believed they were for him: Mr. Van Buren knew they were against -him. They professed friendship for him; and that was necessary to -enable them to undermine him. The stress of the argument against -him was that he could not be elected, and the effort was to make -good that assertion. Now, or never, was the word with respect to -Texas. Some of the squad sympathized with the speculators in Texas -land and scrip; and to these Mr. Calhoun was no more palatable than -Mr. Van Buren. They were both above plunder. Some wanted office, -and knew that neither of these gentlemen would give it to them. -They had a difficult as well as tortuous part to play. Professing -democracy, they colluded with whigs. Professing friendship to Mr. -Van Buren, they co-operated with Mr. Calhoun's friends to defeat -him. Co-operating with Mr. Calhoun's friends, they were against -his election. They were for any body in preference to either, -and especially for men of easy temperaments, whose principles -were not entrenched behind strong wills. To undo public sentiment -in favor of Mr. Van Buren was their labor; to get unpledged and -uninstructed delegates into convention, and to get those released -who had been appointed under instructions, was the consummation -of their policy. A convention untrammelled by instructions, -independent of the people, and open to the machinations of a few -politicians, was what was wanted. The efforts to accomplish these -purposes were prodigious, and constituted the absorbing night -and day work of the members engaged in it. After all, they had -but indifferent success--more with politicians and editors than -with the people. Mr. Van Buren was almost universally preferred. -Delegates were generally instructed to support his nomination. Even -in the Southern States, in direct question between himself and -Mr. Calhoun, he was preferred--as in Alabama and Mississippi. No -delegates were released from their instructions by any competent -authority, and only a few in any, by clusters of local politicians, -convenient to the machinations of the committee in the Capitol--as -at Shockoe Hill, Richmond, Virginia, where Mr. Ritchie, editor of -the _Enquirer_ (whose proclivity to be deceived in a crisis was -generally equivalent in its effects to positive treachery), led the -way--himself impelled by others. - -The labors of the committee, though intended to be secret, and -confined to a small circle, and chiefly carried on in the night, -were subject to be discovered; and were so; and the discovery led -to some public denunciations. The two senators from Ohio, Messrs. -William Allen, and Tappan, and ten of the representatives from that -State, published a card in the _Globe_ newspaper, denouncing it as -a conspiracy to defeat the will of the people. The whole delegation -from South Carolina (Messrs. McDuffie and Huger, senators, and -the seven representatives), fearing that they might be suspected -on account of their friendship for Mr. Calhoun, published a -card denying all connection with the committee; an unnecessary -precaution, as their characters were above that suspicion. Many -other members published cards, denying their participation in -these meetings; and some, admitting the participation, denied -the intrigue, and truly, as it concerned themselves; for all -the disreputable part was kept secret from them--especially the -collusion with the whigs, and all the mysteries of the Gilmer -letter. Many of them were sincere friends of Mr. Van Buren, but -deceived and cheated themselves, while made the instrument of -deceiving and cheating others. It was probably one of the most -elaborate pieces of political cheatery that has ever been performed -in a free country, and well worthy to be studied by all who would -wish to extend their knowledge of the manner in which presidential -elections may be managed, and who would wish to see the purity of -elections preserved and vindicated. - -About this time came an occurrence well calculated to make a pause, -if any thing could make a pause, in the working of political -ambition. The explosion of the great gun on board the Princeton -steamer took place, killing, among others, two of Mr. Tyler's -cabinet (Mr. Upshur and Mr. Gilmer), both deeply engaged in the -Texas project--barely failing to kill Mr. Tyler, who was called back -in the critical moment, and who had embraced the Texas scheme with -more than vicarious zeal; and also barely failing to kill the writer -of this View, who was standing at the breech of the gun, closely -observing its working, as well as that of the Texas game, and who -fell among the killed and stunned, fortunately to rise again. -Commodore Kennon, Mr. Virgil Maxcy, Mr. Gardiner, of New York, -father-in-law (that was to be) of the President, were also killed; a -dozen seamen were wounded, and Commodore Stockton burnt and scorched -as he stood at the side of the gun. Such an occurrence was well -calculated to impress upon the survivors the truth of the divine -admonition: "What shadows we are--what shadows we pursue." But it -had no effect upon the pursuit of the presidential shadow. Instantly -Mr. Calhoun was invited to take Mr. Upshur's place in the Department -of State, and took it with an alacrity, and with a patronizing -declaration, which showed his zeal for the Texas movement, and as -good as avowed its paternity. He declared he took the place for -the Texas negotiation alone, and would quit it as soon as that -negotiation should be finished. In brief, the negotiation, instead -of pausing in the presence of so awful a catastrophe, seemed -to derive new life from it, and to go forward with accelerated -impetuosity. Mr. Calhoun put his eager activity into it: politicians -became more vehement--newspapers more clamorous: the interested -classes (land and scrip speculators) swarmed at Washington; and Mr. -Tyler embraced the scheme with a fervor which induced the suspicion -that he had adopted the game for his own, and intended to stand a -cast of the presidential die upon it. - -The machinations of the committee, though greatly successful -with individuals, and with the politicians with whom they could -communicate, did not reach the masses, who remained firm to Mr. Van -Buren; and it became necessary to fall upon some new means of acting -upon them. This led to a different use of the Jackson Texas letter -from what had been intended. It was intended to have been kept in -the background, a secret in the hands of its possessors, until the -meeting of the convention--then suddenly produced to turn the scale -between Mr. Calhoun and Mr. Van Buren; and this design had been -adhered to for about the space of a year, and the letter kept close: -it was then recurred to as a means of rousing the masses. - -Jackson's name was potential with the people, and it was deemed -indispensable to bring it to bear upon them. The publication of the -letter was resolved upon, and the _Globe_ newspaper selected for -the purpose, and Mr. Aaron V. Brown to have it done. All this was -judicious and regular. The _Globe_ had been the organ of General -Jackson, and was therefore the most proper paper to bring his -sentiments before the public. It was the advocate of Mr. Van Buren's -election, and therefore would prevent the suspicion of sinistrous -design upon him. Mr. Brown was the legal owner of the letter, and -a professing friend of Mr. Van Buren, and, therefore, the proper -person to carry it for publication. - -He did so; but the editor, Mr. Blair, seeing no good that it -could do Mr. Van Buren, but, on the contrary, harm, and being -sincerely his friend, declined to publish it; and, after -examination, delivered it back to Mr. Brown. Shortly thereafter, -to wit, on the 22d of March, 1844, it appeared in the Richmond -_Enquirer_, post-dated, that is to say, the date of 1843 changed -into 1844--whether by design or accident is not known; but the -post-date gave the letter a fresher appearance, and a more vigorous -application to the Texas question. The fact that this letter had got -back to Mr. Brown, after having been given up to Mr. Gilmer, proved -that the letter travelled in a circle while kept secret, and went -from hand to hand among the initiated, as needed for use. - -The time had now come for the interrogation of the candidates, and -it was done with all the tact which the delicate function required. -The choice of the interrogator was the first point. He must be -a friend, ostensible if not real, to the party interrogated. If -real, he must himself be deceived, and made to believe that he -was performing a kindly service; if not, he must still have the -appearance. And for Mr. Van Buren's benefit a suitable performer was -found in the person of Mr. Hamett, a representative in Congress from -Mississippi, whose letter was a model for the occasion, and, in fact -has been pretty well followed since. It abounded in professions of -friendship to Mr. Van Buren--approached him for his own good--sought -his opinion from the best of motives; and urged a categorical reply, -for or against, immediate annexation. The sagacious Mr. Van Buren -was no dupe of this contrivance, but took counsel from what was due -to himself; and answered with candor, decorum and dignity. He was -against immediate annexation, because it was war with Mexico, but -for it when it could be done peaceably and honorably: and he was -able to present a very fair record, having been in favor of getting -back the country (in a way to avoid difficulties with Mexico) when -Secretary of State, under President Jackson. His letter was sent to -a small circle of friends at Washington before it was delivered to -its address; but to be delivered immediately; which was done, and -soon went into the papers. - -Mr. Calhoun had superseded the necessity of interrogation in -his letter of acceptance of the State Department: he was a hot -annexationist, although there was an ugly record to be exhibited -against him. In his almost thirty years of public life he had never -touched Texas, except for his own purposes. In 1819, as one of Mr. -Monroe's cabinet, he had concurred in giving it away, in order to -conciliate the anti-slavery interest in the Northeast by curtailing -slave territory in the Southwest. In 1836 he moved her immature -annexation, in order to bring the question into the presidential -election of that year, to the prejudice of Mr. Van Buren; and urged -instant action, because delay was dangerous. Having joined Mr. Van -Buren after his election, and expecting to become his successor, he -dropped the annexation for which he had been so impatient, and let -the election of 1840 pass by without bringing it into the canvass; -and now revived it for the overthrow of Mr. Van Buren, and for the -excitement of a sectional controversy, by placing the annexation on -strong sectional grounds. And now, at the approach of the election -in 1844, after years of silence, he becomes the head advocate of -annexation; and with all this forbidding record against him, by -help of General Jackson's letter, and the general sentiment in -favor of annexation, and the fictitious alarm of British abolition -and hostile designs, he was able to appear as a champion of Texas -annexation, baffling the old and consistent friends of the measure -with the new form which had been given to the question. Mr. Clay was -of this class. Of all the public men he was able to present the best -and fairest Texas record. He was opposed to the loss of the province -in 1819, and offered resolutions in the House of Representatives, -supported by an ardent speech, in which he condemned the treaty -which gave it away. As Secretary of State, under Mr. Adams, he had -advised the recovery of the province, and opened negotiations to -that effect, and wrote the instructions under which Mr. Poinsett, -the United States minister, made the attempt. As a western man, he -was the natural champion of a great western interest--pre-eminently -western, while also national. He was interrogated according to the -programme, and answered with firmness that, although an ancient and -steadfast friend to the recovery of the country, he was opposed to -immediate annexation, as adopting the war with Mexico, and making -that war by treaty, when the war-making power belonged to Congress. -There were several other democratic candidates, the whole of whom -were interrogated, and answered promptly in favor of immediate -annexation--some of them improving their letters, as advised, before -publication. Mr. Tyler, also, now appeared above the horizon as a -presidential candidate, and needed no interrogatories to bring out -his declaration for immediate annexation, although he had voted -against Mr. Clay's resolution condemning the sacrifice of the -province. In a word, the Texas hobby was multitudinously mounted, -and violently ridden, and most violently by those who had been -most indifferent to it before. Mr. Clay and Mr. Calhoun were the -only candidates that answered like statesmen, and they were both -distanced. - -The time was approaching for the convention to meet, and, -consequently, for the conclusion of the treaty of annexation, which -was to be a touchstone in it. It was signed the 12th of April, and -was to have been sent to the Senate immediately, but was delayed -by a circumstance which created alarm--made a balk--and required -a new turn to be taken. Mr. Van Buren had not yet answered the -interrogatories put to him through Mr. Hamett, or rather his answer -had not yet been published. Uneasiness began to be felt, lest, like -so many others, he should fall into the current, and answer in a way -that would enable him to swim with it. To relieve this uncertainty, -Mr. Blair was applied to by Mr. Robert J. Walker to write to him, -and get his answer. This was a very proper channel to apply through. -Mr. Blair, as the fast friend of Mr. Van Buren, had the privilege -to solicit him. Mr. Calhoun, as the political adversary of Mr. Van -Buren, could not ask Mr. Blair to do it. Mr. Walker stood in a -relation to be ready for the work all round; as a professing friend -of Mr. Van Buren, though co-operating with Mr. Calhoun and all the -rest against him, he could speak with Mr. Blair on a point which -seemed to be for Mr. Van Buren's benefit. As co-operating with Mr. -Calhoun, he could help him against an adversary, though intending to -give him the go-by in the end. As being in all the Texas mysteries, -he was a natural person to ferret out information on every side. He -it was, then, to whose part it fell to hasten the desired answer -from Mr. Van Buren, and through the instrumentality of Mr. Blair. -Mr. Blair wrote as solicited, not seeing any trap in it; but had -received no answer up to the time that the treaty was to go to the -Senate. Ardent for Texas, and believing in the danger of delay, he -wrote and published in the _Globe_ a glowing article in favor of -immediate annexation. That article was a poser and a dumbfounder -to the confederates. It threw the treaty all aback. Considering -Mr. Blair's friendship for Mr. Van Buren, and their confidential -relations, it was concluded that this article could not have been -published without his consent--that it spoke his sentiments--and -was in fact his answer to the letter which had been sent to him. -Here was an ugly balk. It seemed as if the long intrigue had -miscarried--as if the plot was going to work out the contrary way, -and elevate the man it was intended to put down. In this unexpected -conjuncture a new turn became indispensable--and was promptly taken. - -Mention has been made in the forepart of this chapter, of the -necessity which was felt to obtain something from London to bolster -up the accusation of that formidable abolition plot which Great -Britain was hatching in Texas, and on the alleged existence of which -the whole argument for immediate annexation reposed. The desired -testimony had been got, and oracularly given to the public, as -being derived from a "_private letter from a citizen of Maryland, -then in London_." The name of this Maryland citizen was not given, -but his respectability and reliability were fully vouched; and the -testimony passed for true. It was to the point in charging upon the -British government, with names and circumstances, all that had been -alleged; and adding that her abolition machinations were then in -full progress. This went back to London, immediately transmitted -there by the British minister at Washington, Sir Richard Pakenham; -and being known to be false, and felt to be scandalous, drew from -the British Secretary of State (Lord Aberdeen) an indignant, prompt, -and peremptory contradiction. This contradiction was given in a -despatch, dated December 26th, 1843. It was communicated by Sir -Richard Pakenham to Mr. Upshur, the United States Secretary of -State, on the 26th day of February, 1844--a few days before the -lamentable death of that gentleman by the bursting of the Princeton -gun. This despatch, having no object but to contradict an unfounded -imputation, required no answer--and received none. It lay in the -Department of State unacknowledged until after the treaty had been -signed, and until the day of the appearance of that redoubtable -article in the _Globe_, which had been supposed to be Mr. Van -Buren's answer to the problem of immediate annexation. Then it was -taken up, and, on the 18th day of April, was elaborately answered -by Mr. Calhoun in a despatch to the British minister--not to argue -the point of the truth of the Maryland citizen's private letter--but -to argue quite off upon a new text. It so happened that Lord -Aberdeen--after the fullest contradiction of the imputed design, -and the strongest assurances of non-interference with any slavery -policy either of the United States or of Texas--did not stop there; -but, like many able men who are not fully aware of the virtue of -stopping when they are done, went on to add something more, of no -necessary connection or practical application to the subject--a mere -general abstract declaration on the subject of slavery; on which Mr. -Calhoun took position, and erected a superstructure of alarm which -did more to embarrass the opponents of the treaty and to inflame the -country, than all other matters put together. This cause for this -new alarm was found in the superfluous declaration, "_That Great -Britain desires, and is constantly exerting herself to procure the -general abolition of slavery throughout the world_." This general -declaration, although preceded and followed by reiterated assurances -of non-interference with slavery in the United States, and no desire -for any dominant influence in Texas, were seized upon as an open -avowal of a design to abolish slavery every where. These assurances -were all disregarded. Our secretary established himself upon the -naked declaration, stripped of all qualifications and denials. -He saw in them the means of making to a northern man (Mr. Van -Buren) just as perilous the support as the opposition of immediate -annexation. So, making the declaration of Lord Aberdeen the text of -a most elaborate reply, he took up the opposite ground (support and -propagation of slavery), arguing it generally in relation to the -world, and specially in relation to the United States and Texas; -and placing the annexation so fully upon that ground, that all its -supporters must be committed to it. Here was a new turn, induced by -Mr. Blair's article in the _Globe_, and by which the support of the -treaty would be as obnoxious in the North as opposition to it would -be in the South. - -It must have been a strange despatch for a British minister to -receive--an argument in favor of slavery propagandism--supported -by comparative statements taken from the United States census, -between the numbers of deaf, dumb, blind, idiotic, insane, criminal, -and paupers among the free and the slave negroes--showing a large -disproportion against the free negroes; and thence deducing a -conclusion in favor of slavery. It was a strange diplomatic -despatch, and incomprehensible except with a knowledge of the -circumstances in which it was written. It must have been complete -mystification to Lord Aberdeen; but it was not written for him, -though addressed to him, and was sent to those for whom it was -intended long before he saw it. The use that was made of it showed -for whom it was written. Two days after its date, and before it had -commenced its maritime voyage to London, it was in the American -Senate--sent in with the treaty, with the negotiation of which it -had no connection, being written a week after its signature, and -after the time that the treaty would have been sent in had it not -been for the appearance of the article (supposed to speak Mr. Van -Buren's sentiments) in the _Globe_. It was no embarrassment to Mr. -Van Buren, whose letter in answer to the interrogatories had been -written, and was soon after published. It was an embarrassment to -others. It made the annexation a sectional and a slavery question, -and insured the rejection of the treaty. It disgusted northern -senators; and that was one of the objects with which it had been -written. For the whole annexation business had been conducted with a -double aspect--one looking to the presidency, the other to disunion; -and the latter the alternative, to the furtherance of which the -rejection of the treaty by northern votes was an auxiliary step. - -And while the whole negotiation bore that for one of its aspects -from the beginning, this _ex post facto_ despatch, written after the -treaty was signed, and given to the American public before it got -to the British Secretary of State, became the distinct revelation -of what had been before dimly shadowed forth. All hope of the -presidency from the Texas intrigue had now failed--the alternative -aspect had become the absolute one; and a separate republic, -consisting of Texas and some Southern States, had become the object. -Neither the exposure of this object nor the history of the attempted -annexation belong to this chapter. A separate chapter is required -for each. And this incident of the Maryland citizen's private -letter from London, Lord Aberdeen's contradiction, and the strange -despatch of Mr. Calhoun to him, are only mentioned here as links -in the chain of the presidential intrigue; and will be dismissed -with the remark that the Maryland citizen was afterwards found out, -and was discovered to be a citizen better known as an inhabitant -of Washington than of Maryland; and that the private letter was -intended to be for public use and paid for out of the contingent -fund of the State Department; and the writer, a person whose name -was the synonym of subserviency to Mr. Calhoun; namely, Mr. Duff -Green. All this was afterwards brought out under a call from the -United States Senate, moved by the writer of this View, who had been -put upon the track by some really private information: and when the -Presidential Message was read in the Senate, disclosing all these -facts, he used an expression taken from a Spanish proverb which had -some currency at the time: "_At last the devil is pulled from under -the blanket._" - -The time was approaching for the meeting of the democratic -presidential convention, postponed by collusion with the whigs (the -managers in each party), from the month of December to the month -of May--the 27th day of it. It was now May, and every sign was not -only auspicious to Mr. Van Buren, but ominous to his opponents. The -delegates almost universally remained under instructions to support -him. General Jackson, seeing how his letter to Mr. Brown had been -used, though ignorant of the artifice by which it had been got from -him, and justly indignant at finding himself used for a foe and -against a friend, and especially when he deemed that foe dangerous -to the Union--wrote a second Texas letter, addressed to the public, -in which, while still adhering to his immediate annexation opinions, -also adhered to Mr. Van Buren as his candidate for the presidency; -and this second letter was a wet blanket upon the fires of the first -one. The friends of Mr. Calhoun, seeing that he would have no chance -in the Baltimore convention, had started a project to hold a third -one in New York; a project which expired as soon as it got to the -air; and in connection with which Mr. Cass deemed it necessary to -make an authoritative contradiction of a statement made by Mr. Duff -Green, who undertook to convince him, in spite of his denials, that -he had agreed to it. In proportion as Mr. Calhoun was disappearing -from this presidential canvass, Mr. Tyler was appearing in it; -and eventually became fully developed as a candidate, intrusively -on the democratic side; but his friends, seeing no chance for him -in the democratic national convention, he got up an individual or -collateral one for himself--to meet at the same time and place; but -of this hereafter. This chapter belongs to the intrigue against Mr. -Van Buren. - - - - -CHAPTER CXXXVI. - -DEMOCRATIC CONVENTION FOR THE NOMINATION OF PRESIDENTIAL CANDIDATES. - - -The Convention met--a motley assemblage, called democratic--many -self-appointed, or appointed upon management or solicitation--many -alternative substitutes--many members of Congress, in violation of -the principle which condemned the Congress presidential caucuses -in 1824--some nullifiers; and an immense outside concourse. Texas -land and scrip speculators were largely in it, and more largely on -the outside. A considerable number were in favor of no particular -candidate, but in pursuit of office for themselves--inflexible -against any one from whom they thought they would not get it, -and ready to go for any one from whom they thought they could. -Almost all were under instructions for Mr. Van Buren, and could -not have been appointed where such instructions were given, except -in the belief that they would be obeyed. The business of undoing -instructions had been attended with but poor success--in no instance -having been done by the instructing body, or its equivalent. Two -hundred and sixty-six delegates were present--South Carolina -absent; and it was immediately seen that after all the packing and -intriguing, the majority was still for Mr. Van Buren. It was seen -that he would be nominated on the first ballot, if the majority -was to govern. To prevent that, a movement was necessary, and was -made. In the morning of the first day, before the verification -of the authority of the delegates--before organization--before -prayers--and with only a temporary chairman--a motion was made to -adopt the two-thirds rule, that is to say, the rule which required -a concurrence of two-thirds to effect a nomination. That rule had -been used in the two previous nominating conventions--not to thwart -a majority, but to strengthen it; the argument being that the result -would be the same, the convention being nearly unanimous; that -the two-thirds would be cumulative, and give more weight to the -nomination. The precedent was claimed, though the reason had failed; -and the effect might now be to defeat the majority instead of adding -to its voice. - -Men of reflection and foresight objected to this rule when -previously used, as being in violation of a fundamental -principle--opening the door for the minority to rule--encouraging -intrigue and combination--and leading to corrupt practices -whenever there should be a design to defeat the popular will. -These objections were urged in 1832 and in 1836, and answered by -the reply that the rule was only adopted by each convention for -itself, and made no odds in the result: and now they were answered -with "precedents." A strenuous contest took place over the adoption -of this rule--all seeing that the fate of the nomination depended -upon it. Mr. Romulus M. Saunders of North Carolina, was its mover. -Messrs. Robert J. Walker, and Hopkins of Virginia, its most active -supporters: and precedent the stress of their argument. Messrs. -Morton of Massachusetts, Clifford of Maine, Dickinson and Butler of -New York, Medary of Ohio, and Alexander Kayser of Missouri, were -its principal opponents: their arguments were those of principle, -and the inapplicability of precedents founded on cases where the -two-thirds vote did not defeat, but strengthened the majority. Mr. -Morton of Massachusetts, spoke the democratic sentiment when he said: - - "He was in the habit of advancing his opinions in strong and - plain language, and he hoped that no exception would be taken to - any thing that he might say. He thought the majority principle - was the true one of the democratic party. The views which had - been advanced on the other side of the question were mainly - based upon precedent. He did not think that they properly - applied here. We were in danger of relying too much upon - precedent--let us go upon principle. He had endeavored, when - at school, to understand the true principles of republicanism. - He well recollected the nominations of Jefferson and others, - and the majority principle had always ruled. In fact it was - recognized in all the different ramifications of society. The - State, county and township conventions were all governed by this - rule." - -Mr. Benjamin F. Butler, of New York, enforced the majority principle -as the one which lay at the foundation of our government--which -prevailed at the adoption of every clause in the Declaration of -Independence--every clause in the constitution--all the legislation, -and all the elections, both State and federal; and he totally -denied the applicability of the precedents cited. He then went on -to expose the tricks of a caucus within a caucus--a sub and secret -caucus--plotting and combining to betray their instructions through -the instrumentality and under the cover of the two-thirds rule. Thus: - - "He made allusion to certain caucusing and contriving, by which - it was hoped to avert the well-ascertained disposition of the - majority of the democracy. He had been appointed a delegate - to the convention, and accepted his credentials, as did his - colleagues, with instructions to support and do all in their - power to secure the nomination of a certain person (V.B.). By - consenting to the adoption of the two-thirds rule, he, with - them, would prove unfaithful to their trust and their honor. He - knew well that in voting by simple majority, the friend he was - pledged to support would receive ten to fifteen majority, and, - consequently, the nomination. If two-thirds should be required - to make a choice, that friend must inevitably be defeated, and - that defeat caused by the action of States which could not be - claimed as democratic." - -This last remark of Mr. Butler should sink deep into the mind of -every friend to the elective system. These conventions admitted -delegations from anti-democratic States--States which could not -give a democratic vote in the election, and yet could control -the nomination. This is one of the most unfair features in the -convention system. - -The rule was adopted, and by the help of delegates instructed to -vote for Mr. Van Buren, and who took that method of betraying their -trust while affecting to fulfil it. The body then organized and the -balloting commenced, all the States present except South Carolina, -who stood off, although she had come into it at the preceding -convention, and cast her vote for Mr. Van Buren. Two hundred and -sixty-six electoral votes were represented, of which 134 would be -the majority, and 177 the two-thirds. Mr. Van Buren received 151 on -the first ballot, gradually decreasing at each successive vote until -the seventh, when it stood at 99; probably about the true number -that remained faithful to their constituents and their pledges. -Of those who fell off it was seen that they chiefly consisted of -those professing friends who had supported the two-thirds rule, and -who now got an excuse for their intended desertion and premeditated -violation of instructions in being able to allege the impossibility -of electing the man to whom they were pledged. - -At this stage of the voting, a member from Ohio (Mr. Miller) moved -a resolve, _that Mr. Van Buren, having received a majority of the -votes on the first ballot, was duly nominated, and should be so -declared_. This motion was an unexpected step, and put delegates -under the necessity of voting direct on the majority principle, -which lies at the foundation of all popular elections, and at the -foundation of the presidential election itself, as prescribed by -the constitution. That instrument only requires a majority of the -electoral votes to make an election of President; this intriguing -rule requires him to get two-thirds before he is competent to -receive that majority. The motion raised a storm. It gave rise to a -violent, disorderly, furious and tumultuary discussion--a faint idea -of which may be formed from some brief extracts from the speeches: - - Mr. Brewster, of Pennsylvania.--"They (the delegation from this - State) had then been solemnly instructed to vote for Martin Van - Buren first, and to remain firm to that vote as long as there - was any hope of his success. He had been asked by gentlemen - of the convention why the delegation of Pennsylvania were so - divided in their vote. He would answer that it was because some - gentlemen of the delegation did not think proper to abide by - the solemn instructions given them, but rather chose to violate - those instructions. Pennsylvania had come there to vote for - Martin Van Buren, and she would not desert him until New York - had abandoned him. The delegation had entered into a solemn - pledge to do so; and he warned gentlemen that if they persisted - in violating that pledge, they would be held to a strict account - by their constituency, before whom, on their return home, they - would have to hang their heads with shame. Sorry would he be to - see them return, after having violated their pledge." - - Mr. Hickman, of Pennsylvania.--"He charged that the delegation - from the 'Keystone State' had violated the solemn pledge taken - before they were entitled to seats on the floor. He asserted - on the floor of this convention, and would assert it every - where, that the delegation from Pennsylvania came to the - convention instructed to vote for, and to use every means to - obtain the nomination of Martin Van Buren for President, and - Richard M. Johnson for Vice President; and yet a portion of the - delegation, among whom was his colleague who had just preceded - him, had voted against the very proposition upon which the fate - of Martin Van Buren hung. He continued his remarks in favor of - the inviolability of instructions and in rebuke of those of - the Pennsylvania delegation, who had voted for the two-thirds - rule, knowing, as they did, that it would defeat Mr. Van Buren's - nomination." - - Mr. Bredon, of Pennsylvania.--"He had voted against the - two-thirds rule. He had been instructed, he said, and he - believed had fulfilled those instructions, although he differed - from some of his colleagues. His opinion was, that they were - bound by instructions only so long as they were likely to be - available, and then every member was at liberty to consult his - own judgment. He had stood by Mr. Van Buren, and would continue - to do so until the New York and Ohio delegates flew the track." - - Mr. Frazer, of Pennsylvania, "replied to the remarks of his - colleagues, and amidst much and constantly increasing confusion, - explained his motives for having deserted Mr. Van Buren. On the - last ballot he had voted for James K. Polk, and would do so on - the next, despite the threat that had been thrown out, that - those who had not voted for Mr. Van Buren would be ashamed to - show their faces before their constituents. He threw back the - imputation with indignation. He denied that he had violated - his pledge; that he had voted for Mr. Van Buren on three - ballots, but finding that Mr. Van Buren was not the choice of - the convention, he had voted for Mr. Buchanan. Finding that - Mr. Buchanan could not succeed, he had cast his vote for James - K. Polk, the bosom friend of General Jackson, and a pure, - whole-hogged democrat, the known enemy of banks, distribution, - &c. He had carried out his instructions as he understood them, - and others would do the same." - - Mr. Young, of New York, "said it had been intimated that New - York desired pertinaciously to force a candidate upon the - convention. This he denied. Mr. Van Buren had been recommended - by sixteen States to this convention for their suffrages before - New York had spoken on the subject, and when she did speak it - was with a unanimous voice, and, if an expression of opinion on - the part of these people could now be had, it would be found - that they had not changed. (As Mr. Y proceeded the noise and - confusion increased.) It was true, he said, that a firebrand had - been thrown into their camp by the 'Mongrel administration at - Washington,' and this was the motive seized upon as a pretext - for a change on the part of some gentlemen. That firebrand was - the abominable Texas question, but that question, like a fever, - would wear itself out or kill the patient. It was one that - should have no effect; and some of those who were now laboring - to get up an excitement on a subject foreign to the political - contest before them, would be surprised, six months hence, that - they had permitted their equanimity to be disturbed by it. Nero - had fiddled while Rome was burning, and he believed that this - question had been put in agitation for the especial purpose of - advancing the aspiring ambition of a man, who, he doubted not, - like Nero, 'was probably fiddling while Rome was falling.'" - -The crimination and recrimination in the Pennsylvania delegation, -arose from division among the delegates: in some other delegations -the disregard of instructions was unanimous, and there was no one to -censure another, as in Mississippi. The Pennsylvania delegation, may -be said to have decided the nomination. They were instructed to vote -for Mr. Van Buren, and did so, but they divided on the two-thirds -rule, and gave a majority of their votes for it, that is to say, -13 votes; but as 13 was not a majority of 26, one delegate was got -to stand aside: and then the vote stood 13 to 12. The Virginia -delegation, headed by the most respectable William H. Roane (with -a few exceptions), remained faithful--disregarding the attempt to -release them at Shockoe Hill, and voting steadily for Mr. Van Buren, -as well on all the ballotings as on the two-thirds question--which -was the real one. Some members of the Capitol nocturnal committee -were in the convention, and among its most active managers--and the -most zealous against Mr. Van Buren. In that profusion of letters -with which they covered the country to undermine him, they placed -the objection on the ground of the impossibility of electing him: -now it was seen that the impossibility was on the other side--that -it was impossible to defeat him, except by betraying trusts, -violating instructions, combining the odds and ends of all factions; -and then getting a rule adopted by which a minority was to govern. - -The motion of Mr. Miller was not voted upon. It was summarily -disposed of, without the responsibility of a direct vote. The -enemies of Mr. Van Buren having secured the presiding officer at -the start, all motions were decided against them; and after a -long session of storm and rage, intermitted during the night for -sleep and intrigue, and resumed in the morning, an eighth ballot -was taken: and without hope for Mr. Van Buren. As his vote went -down, that for Messrs. Cass, Buchanan, and R. M. Johnson rose; -but without ever carrying either of them to a majority, much less -two-thirds. Seeing the combination against him, the friends of -Mr. Van Buren withdrew his name, and the party was then without a -candidate known to the people. Having killed off the one chosen by -the people, the convention remained masters of the field, and ready -to supply one of its own. The intrigue, commenced in 1842, in the -Gilmer letter, had succeeded one-half. It had put down one man, but -another was to be put up; and there were enough of Mr. Van Buren's -friends to defeat that part of the scheme. They determined to render -their country that service, and therefore withdrew Mr. Van Buren, -that they might go in a body for a new man. Among the candidates -for the vice-presidency was Mr. James K. Polk, of Tennessee. His -interest as a vice-presidential candidate lay with Mr. Van Buren, -and they had been much associated in the minds of each other's -friends. It was an easy step for them to support for the first -office, on the loss of their first choice, the citizen whom they -intended for the second. Without public announcements, he was -slightly developed as a presidential candidate on the eighth ballot; -on the ninth he was unanimously nominated, all the president-makers -who had been voting for others--for Cass, Buchanan, Johnson--taking -the current the instant they saw which way it was going, in order -that they might claim the merit of conducting it. "You bring but -seven captives to my tent, but thousands of you took them," was the -sarcastic remark of a king of antiquity at seeing the multitude -that came to claim honors and rewards for taking a few prisoners. -Mr. Polk might have made the same exclamation in relation to the -multitude that assumed to have nominated him. Their name was legion: -for, besides the unanimous convention, there was a host of outside -operators, each of whom claimed the merit of having governed the -vote of some delegate. Never was such a multitude seen claiming the -merit, and demanding the reward, for having done what had been done -before they heard of it. - -The nomination was a surprise and a marvel to the country. No voice -in favor of it had been heard; no visible sign in the political -horizon had announced it. Two small symptoms--small in themselves -and equivocal in their import, and which would never have been -remembered except for the event--doubtfully foreshadowed it. One -was a paragraph in a Nashville newspaper, hypothetically suggesting -that Mr. Polk should be taken up if Mr. Van Buren should be -abandoned; the other, the ominous circumstance that the Tennessee -State nominating convention made a recommendation (Mr. Polk) for -the second office, and none for the first; and Tennessee being -considered a Van Buren State, this omission was significant, seeming -to leave open the door for his ejection, and for the admission of -some other person. And so the delegates from that State seemed to -understand it, voting steadily against him, until he was withdrawn. - -The ostensible objection to the last against Mr. Van Buren, was -his opposition to immediate annexation. The shallowness of that -objection was immediately shown in the unanimous nomination of -his bosom friend, Mr. Silas Wright, identified with him in all -that related to the Texas negotiation, for Vice-President. He -was nominated upon the proposition of Mr. Robert J. Walker--a -main-spring in all the movements against Mr. Van Buren, whose most -indefatigable opponents sympathized with the Texas scrip and land -speculators. Mr. Wright instantly declined the nomination; and Mr. -George M. Dallas, of Pennsylvania, was taken in his place. - -The Calhoun New York convention expired in the conception. It -never met. The Tyler Baltimore convention was carried the length -of an actual meeting, and went through the forms of a nomination, -without the distraction of a rival candidate. It met the same day -and place with the democratic convention, as if to officiate with -it, and to be ready to offer a _pis aller_, but to no purpose. It -made its own nomination--received an elaborate letter of thanks and -acceptance from Mr. Tyler, who took it quite seriously; and two -months afterwards joined the democracy for Polk and Dallas, against -Clay and Frelinghuysen--his old whig friends. He had co-operated in -all the schemes against Mr. Van Buren, in the hope of being taken up -in his place; and there was an interest, calling itself democratic, -which was willing to oblige him. But all the sound heart of the -democracy recoiled from the idea of touching a man who, after having -been raised high by the democracy, had gone over to the whigs, to -be raised still higher, and now came back to the democracy to obtain -the highest office they could give. - -And here ends the history of this long intrigue--one of the most -elaborate, complex and daring, ever practised in an intelligent -country; and with too much success in putting down some, and just -disappointment in putting up others: for no one of those who engaged -in this intrigue ever reached the office for which they strived. My -opinion of it was expressed, warmly but sincerely, from the first -moment it was broached to me on the steps of the Capitol, when -accosted by Mr. Brown, down to the rejection of the treaty in the -Senate, and the defeat of Mr. Van Buren in the convention. Of this -latter event, the author of this View thus wrote in a public letter -to Missouri: - - "Neither Mr. Polk nor Mr. Dallas has any thing to do with the - intrigue which has nullified the choice of the people, and the - rights of the people, and the principles of our government, - in the person of Mr. Van Buren; and neither of them should be - injured or prejudiced by it. Those who hatched that intrigue, - have become its victims. They who dug a pit for the innocent - have fallen into it; and there let them lie, for the present, - while all hands attend to the election, and give us our full - majority of ten thousand in Missouri. For the rest, the time - will come; and people now, as twenty years ago (when their - choice was nullified in the person of General Jackson), will - teach the Congress intriguers to attend to law-making and let - President-making and un-making alone in future. The Texas - treaty, which consummated this intrigue, was nothing but the - final act in a long conspiracy, in which the sacrifice of Mr. - Van Buren had been previously agreed upon; and the nomination - of Mr. Wright for Vice-President proves it; for his opinions - and those of Mr. Van Buren, on the Texas question, were - identical, and if fatal to one should have been fatal to the - other. Besides, Mr. Van Buren was right, and whenever Texas is - admitted, it will have to be done in the way pointed out by - him. Having mentioned Mr. Wright, I will say that recent events - have made him known to the public, as he has long been to his - friends, _the Cato of America, and a star of the first magnitude - in our political firmament_." - -And now, why tell these things which may be quoted to the prejudice -of democratic institutions? I answer: To prevent that prejudice! -and to prevent the repetition of such practices. Democracy is not -to be prejudiced by it, for it was the work of politicians; and as -far as depended upon the people, they rebuked it. The intrigue -did not succeed in elevating any of its authors to the presidency; -and the annexation treaty, the fruit of so much machination, was -rejected by the Senate; and the annexation afterwards effected -by the legislative concurrence of the two powers. From the -first inception, with the Gilmer letter, down to the Baltimore -conclusion in the convention, the intrigue was carried on; and was -only successful in the convention by the help of the rule which -made the minority its master. That convention is an era in our -political history, to be looked back upon as the starting point -in a course of usurpation which has taken the choice of President -out of the hands of the people, and vested it in the hands of a -self-constituted and irresponsible assemblage. The wrong to Mr. -Van Buren was personal and temporary, and died with the occasion, -and constitutes no part of the object in writing this chapter: the -wrong to the people, and the injury to republican institutions, -and to our frame of government, was deep and abiding, and calls -for the grave and correctional judgment of history. It was the -first instance in which a body of men, unknown to the laws and the -constitution, and many of them (as being members of Congress, or -holding offices of honor or profit) constitutionally disqualified -to serve even as electors, assumed to treat the American presidency -as their private property, to be disposed at their own will and -pleasure; and, it may be added, for their own profit: for many -of them demanded, and received reward. It was the first instance -of such a disposal of the presidency--for these nominations are -the election, so far as the party is concerned; but not the last. -It has become the rule since, and has been improved upon. These -assemblages now perpetuate themselves, through a committee of their -own, ramified into each State, sitting permanently from four years -to four years; and working incessantly to govern the election that -is to come, after having governed the one that is past. The man they -choose must always be a character of no force, that they may rule -him: and they rule always for their own advantage--"constituting -a power behind the throne greater than the throne." The reader -of English history is familiar with the term, "cabal," and its -origin--taking its spelling from the initial letters of the names -of the five combined intriguing ministers of Charles II.--and -taking its meaning from the conduct and characters of these five -ministers. What that meaning was, one of the five wrote to another -for his better instruction, not suspecting that the indefatigable -curiosity of a subsequent generation would ever ferret out the -little missive. Thus: "_The principal spring of our actions was to -have the government in our own hands; that our principal views were -the conservation of this power--great employments to ourselves--and -great opportunities of rewarding those who have helped to raise us, -and of harming those who stood in opposition to us._" Such was the -government which the "cabal" gave England; and such is the one which -the convention system gives us: and until this system is abolished, -and the people resume their rights, the elective principle of our -government is suppressed: and the people have no more control over -the selection of the man who is to be their President, than the -subjects of kings have over the birth of the child who is to be -their ruler. - - - - -CHAPTER CXXXVII. - -PRESIDENTIAL: DEMOCRATIC NATIONAL CONVENTION: MR. CALHOUN'S REFUSAL -TO SUBMIT HIS NAME TO IT: HIS REASONS. - - -Before the meeting of this convention Mr. Calhoun, in a public -address to his political friends, made known his determination not -to suffer his name to go before that assemblage as a candidate for -the presidency, and stated his reasons for that determination. -Many of those reasons were of a nature to rise above personal -considerations--to look deep into the nature and working of our -government--and to show objections to the convention system (as -practised), which have grown stronger with time. His first objection -was as to the mode of choosing delegates, and the manner of their -giving in their votes--he contending for district elections, and the -delegates to vote individually, and condemning all other modes of -electing and voting: - - "I hold, then, that the convention should be so constituted, - as to utter fully and clearly the voice of the people, and - not that of political managers, or office holders and office - seekers, and for that purpose, I hold it indispensable that - the delegates should be appointed directly by the people, or - to use the language of General Jackson, should be 'fresh from - the people.' I also hold, that the only possible mode to effect - this, is for the people to choose the delegates by districts, - and that they should vote _per capita_. Every other mode of - appointing would be controlled by political machinery, and place - the appointments in the hands of the few, who work it." - -This was written ten years ago: there have been three of these -conventions since that time by each political party: and each have -verified the character here given of them. Veteran office holders, -and undaunted office seekers, collusively or furtively appointed, -have had the control of these nominations--the office holders all -being forbid by the constitution to be even electors, and the office -seekers forbid by shame and honor (if amenable to such sensations), -to take part in nominating a President from whom they would demand -pay for their vote. Mr. Calhoun continues: - - "I object, then, to the proposed convention, because it will - not be constituted in conformity with the fundamental articles - of the republican creed. The delegates to it will be appointed - from some of the States, not by the people in districts, but, - as has been stated, by State conventions en masse, composed - of delegates appointed in all cases, as far as I am informed, - by county or district conventions, and in some cases, if not - misinformed, these again composed of delegates appointed by - still smaller divisions, or a few interested individuals. - Instead then of being directly, or fresh from the people, the - delegates to the Baltimore convention will be the delegates of - delegates; and of course removed, in all cases, at least three, - if not four degrees from the people. At each successive remove, - the voice of the people will become less full and distinct, - until, at last, it will be so faint and imperfect, as not to - be audible. To drop metaphor, I hold it impossible to form a - scheme more perfectly calculated to annihilate the control of - the people over the presidential election, and vest it in those - who make politics a trade, and who live or expect to live on the - government." - -Mr. Calhoun proceeds to take a view of the working of the -constitution in a fair election by the people and by the States, -and considered the plan adopted as a compromise between the large -and the small States. In the popular election through electors, the -large States had the advantage, as presenting masses of population -which would govern the choice: in the election by States in the -House of Representatives, the small States had the advantage, as the -whole voted equally. This, then, was considered a compromise. The -large States making the election when they were united: when not -united, making the nomination of three (five as the constitution -first stood), out of which the States chose one. This was a -compromise; and all compromises should be kept when founded in the -structure of the government, and made by its founders. Total defeat -of the will of the people, and total frustration of the intent of -the constitution, both in the electoral nomination and the House -choice of a President, was seen in the exercise of this power -over presidential nominations by Congress caucuses, before their -corruption required a resort to conventions, intended to be the -absolute reflex of the popular will. Of this Mr. Calhoun says: - - "The danger was early foreseen, and to avoid it, some of the - wisest and most experienced statesmen of former days so strongly - objected to congressional caucuses to nominate candidates for - the presidency, that they never could be induced to attend - them; among these it will be sufficient to name Mr. Macon and - Mr. Lowndes. Others, believing that this provision of the - constitution was too refined for practice, were solicitous to - amend it, but without impairing the influence of the smaller - States in the election. Among these, I rank myself. With that - object, resolutions were introduced, in 1828, in the Senate by - Colonel Benton, and in the House by Mr. McDuffie, providing - for districting the State, and for referring the election back - to the people, in case there should be no choice, to elect one - from the two highest candidates. The principle which governed - in the amendment proposed, was to give a fair compensation to - the smaller States for the surrender of their advantage in the - eventual choice, by the House, and at the same time to make - the mode of electing the President more strictly in conformity - with the principles of our popular institutions, and to be less - liable to corruption, than the existing. They (the resolutions - of McDuffie and Benton) received the general support of the - party, but were objected to by a few, as not being a full - equivalent to the smaller States." - -The Congress presidential caucuses were put down by the will of the -people, and in both parties at the same time. They were put down -for not conforming to the will of the people, for incompatibility -between the legislative and the elective functions, for being in -office at the same time, for following their own will, instead of -representing that of their constituents. Mr. Calhoun concurred in -putting them down, but preferred them a hundred times over to the -intriguing, juggling, corrupt and packed machinery into which the -conventions had so rapidly degenerated. - - "And here let me add, that as objectionable as I think a - congressional caucus for nominating a President, it is, in - my opinion, far less so than a convention constituted as is - proposed. The former had indeed many things to recommend it. - Its members consisting of senators and representatives, were - the immediate organs of the State legislatures, or the people; - were responsible to them, respectively, and were for the most - part, of higher character, standing, and talents. They voted - per capita, and what is very important, they represented fairly - the relative strength of the party in their respective States. - In all these important particulars, it was all that could be - desired for a nominating body, and formed a striking contrast - to the proposed convention; and yet, it could not be borne by - the people in the then purer days of the republic. I, acting - with General Jackson and most of the leaders of the party at - that time, contributed to put it down, because we believed it - to be liable to be acted on and influenced by the patronage of - the government--an objection far more applicable to a convention - constituted as the one proposed, than to a congressional caucus. - Far however was it from my intention, in aiding to put that - down, to substitute in its place what I regard as a hundred - times more objectionable in every point of view. Indeed, if - there must be an intermediate body between the people and the - election, unknown to the constitution, it may be well questioned - whether a better than the old plan of a congressional caucus can - be devised." - -Mr. Calhoun considered the convention system, degenerated to -the point it was in 1844, to have been a hundred times more -objectionable than the Congress caucuses which had been repudiated -by the people: measured by the same scale, and they are a thousand -times worse at present--having succeeded to every objection that -was made against the Congress caucuses, and superadded a multitude -of others going directly to scandalous corruption, open intrigue, -direct bargain and sale, and flagrant disregard of the popular -will. One respect in which they had degenerated from the Congress -caucus was in admitting a State to give its full vote in nominating -a President, which could either give no vote at all, or a divided -one, to the nominated candidate. In the Congress caucus that anomaly -could not happen. The members of the party only voted: and if there -were no members of a party from a State, there was no vote from -that State in the caucus: if a divided representation, then a vote -according to the division. This was fair, and prevented a nomination -being made by those who could do nothing in the election. This -objection to the convention system, and a grievous one it is as -practised, he sets forth in a clear and forcible point of view. He -says: - - "I have laid down the principle, on which I rest the objection - in question, with the limitation, that the relative weight of - the States should be maintained, making due allowance for their - relative party strength. The propriety of the limitation is - so apparent, that but a few words, in illustration, will be - required. The convention is a party convention, and professedly - intended to take the sense of the party, which cannot be done - fairly, if States having but little party strength, are put on - equality with those which have much. If that were done, the - result might be, that a small portion of the party from States - the least sound, politically, and which could give but little - support in Congress, might select the candidate, and make the - President, against a great majority of the soundest, and on - which the President and his administration would have to rely - for support. All this is clearly too unfair and improper to be - denied. There may be a great difficulty in applying a remedy in - a convention, but I do not feel myself called upon to say how - it can be done, or by what standard the relative party strength - of the respective States should be determined; perhaps the best - would be their relative strength in Congress at the time. In - laying down the principle, I added the limitation for the sake - of accuracy, and to show how imperfectly the party must be - represented, when it is overlooked. I see no provision in the - proposed convention to meet it." - -The objection is clearly and irresistibly shown: the remedy is -not so clear. The Congress representation for the time being is -suggested for the rule of the convention: it is not always the -true rule. A safer one is, the general character of the State--its -general party vote--and its probable present party strength. Even -that rule may not attain exact precision; but, between a rule -which may admit of a slight error, and no rule at all to keep out -notorious unfounded votes--votes representing no constituency, -unable to choose an elector, having no existence when the election -comes on, yet potential at the nomination, and perhaps governing -it: between these two extremes there is no room for hesitation, or -choice: the adoption of some rule which would exclude notoriously -impotent votes, becomes essential to the rights and safety of the -party, and is peremptorily demanded by the principle of popular -representation. The danger of centralizing the nomination--(which, -so far as the party is concerned, is the election)--in the hands of -a few States, by the present convention mode of nomination, is next -shown by Mr. Calhoun. - - "But, in order to realize how the convention will operate, - it will be necessary to view the combined effects of the - objections which I have made. Thus viewed, it will be - found, that a convention so constituted, tends irresistibly - to centralization--centralization of the control over the - presidential election in the hands of a few of the central, - large States, at first, and finally, in political managers, - office-holders, and office-seekers; or to express it - differently, in that portion of the community, who live, or - expect to live on the government, in contradistinction to - the great mass, who expect to live on their own means or - their honest industry; and who maintain the government; and - politically speaking, emphatically the people. That such would - be the case, may be inferred from the fact, that it would afford - the means to some six or seven States lying contiguous and not - far from the centre of the Union, to control the nomination, - and through that the election, by concentrating their united - votes in the convention. Give them the power of doing so, and - it would not long lie dormant. What may be done by combination, - where the temptation is so great, will be sure ere long to be - done. To combine and conquer, is not less true as a maxim, where - power is concerned, than 'divide and conquer.' Nothing is better - established, than that the desire for power can bring together - and unite the most discordant materials." - -After showing the danger of centralizing the nomination in the -hands of a few great contiguous States, Mr. Calhoun goes on to show -the danger of a still more fatal and corrupt centralization--that -of throwing the nomination into the meshes of a train-band of -office-holders and office-seekers--professional President-makers, -who live by the trade, having no object but their own reward, -preferring a weak to a strong man because they can manage him -easiest: and accomplishing their purposes by corrupt combinations, -fraudulent contrivances, and direct bribery. Of these train-bands, -Mr. Calhoun says: - - "But the tendency to centralization will not stop there. The - appointment of delegates en masse by State convention, would - tend at the same time, and even with great force, to neutralize - the control in the hands of the few, who make politics a - trade. The farther the convention is removed from the people, - the more certainly the control over it will be placed in the - hands of the interested few, and when removed three or four - degrees, as has been shown it will be, where the appointment - is by State conventions, the power of the people will cease, - and the seekers of Executive favor will become supreme. At that - stage, an active, trained and combined corps will be formed in - the party, whose whole time and attention will be directed to - politics. Into their hands the appointments of delegates in all - the stages will fall, and they will take special care that none - but themselves or their humble and obedient dependents shall - be appointed. The central and State conventions will be filled - by the most experienced and cunning, and after nominating the - President, they will take good care to divide the patronage - and offices, both of the general and State governments, among - themselves and their dependents. But why say _will_? Is it not - _already the case_? Have there not been many instances of State - conventions being filled by office holders and office seekers, - who, after making the nomination, have divided the offices in - the State among themselves and their partisans, and joined in - recommending to the candidate whom they have just nominated to - appoint them to the offices to which they have been respectively - allotted? If such be the case in the infancy of the system, it - must end, if such conventions should become the established - usage, in the President nominating his successor. When it comes - to that, it will not be long before the sword will take the - place of the constitution." - -And it has come to that. Mr. Tyler set the example in -1844--immediately after this address of Mr. Calhoun was written--and -had a presidential convention of his own, composed of office -holders and office seekers. Since then the example has been pretty -well followed; and now any President that pleases may nominate his -successor by having the convention filled with the mercenaries in -office, or trying to get in. The evil has now reached a pass that -must be corrected, or the elective franchise abandoned. Conventions -must be reformed--that is to say, purged of office holders and -office seekers--purged of impotent votes--purged of all delegates -forbid by the constitution to be electors--purged of intrigue, -corruption and jugglery--and brought to reflect the will of the -people; or, they must suffer the fate of the Congress caucuses, -and be put down. Far better--a thousand times better--to let the -constitution work its course; as many candidates offer for President -as please; and if no one gets a majority of the whole, then the -House of Representatives to choose one from the three highest on the -list. In that event, the people would be the nominating body: they -would present the three, out of which their representatives would be -obliged to take one. This would be a nomination by the _People_, and -an election by the States. - -One other objection to these degenerate conventions Mr. Calhoun did -not mention, but it became since he made his address a prominent -one, and an abuse in itself, which insures success to the train-band -mercenaries whose profligate practices he so well describes. This -is the two-thirds rule, as it is called; the rule that requires a -vote of two-thirds of the convention to make a nomination. This -puts it in the power of the minority to govern the majority, and -enables a few veteran intriguers to manage as they please. And -when it is remembered that many are allowed--even the delegates of -whole States--to vote in the convention, which can give no vote to -the party at the election, it might actually happen that the whole -nomination might be contrived and made by straw-delegates, whose -constituency could not give a single electoral vote. - - - - -CHAPTER CXXXVIII. - -ANNEXATION OF TEXAS: SECRET NEGOTIATION PRESIDENTIAL INTRIGUE: -SCHEMES OF SPECULATION AND DISUNION. - - -The President's annual message at the commencement of the session -1843-'44, contained an elaborated paragraph on the subject of Texas -and Mexico, which, to those not in the secret, was a complete -mystification: to others, and especially to those who had been -observant of signs, it foreshadowed a design to interfere in the war -between those parties, and to take Texas under the protection of the -Union, and to make her cause our own. A scheme of annexation was -visible in the studied picture presented of homogeniality between -that country and the United States, geographically and otherwise; -and which homogeniality was now sufficient to risk a war with Great -Britain and Mexico (for the message squinted at war with both), -to get Texas back, although it had not been sufficient when the -country was ceded to Spain to prevent Mr. Tyler from sanctioning -the cession--as he did as a member of the House in 1820 in voting -against Mr. Clay's resolution, disapproving and condemning that -cession. This enigmatical paragraph was, in fact, intended to break -the way for the production of a treaty of annexation, covertly -conceived and carried on with all the features of an intrigue, -and in flagrant violation of the principles and usages of the -government. Acquisitions of territory had previously been made by -legislation, and by treaty, as in the case of Louisiana in 1803, and -of Florida in 1819; but these treaties were founded upon legislative -acts--upon the consent of Congress previously obtained--and in which -the treaty-making power was but the instrument of the legislative -will. This previous consent and authorization of Congress had not -been obtained--on the contrary, had been eschewed and ignored by -the secrecy with which the negotiation had been conducted; and was -intended to be kept secret until the treaty was concluded, and then -to force its adoption for the purpose of increasing the area of -slave territory, or to make its rejection a cause for the secession -of the Southern States; and in either event, and in all cases, to -make the question of annexation a controlling one in the nomination -of presidential candidates, and also in the election itself. - -The complication of this vast scheme, leading to a consummation -so direful as foreign war and domestic disunion, and having its -root in personal ambition, and in scrip and land speculation, and -spoliation claims--the way it was carried on, and the way it was -defeated--altogether present one of the most instructive lessons -which the working of our government exhibits; and the more so as -the two prominent actors in the scheme had reversed their positions -since Texas had been retroceded to Spain. Mr. Calhoun was then -in favor of curtailing the area of slave territory, and as a -member of Mr. Monroe's cabinet, counselled the establishment of -the Missouri compromise line, which abolished slavery in all the -upper half of the great province of Louisiana; and, as a member of -the same cabinet, counselled the retrocession of Texas to Spain, -which extinguished all the slave territory south of the compromise -line. Mr. Calhoun was then against slavery extension, and so much -in favor of extinguishing slave territory as to be a favorite in -the free States, and beat Mr. Adams himself in those States in the -presidential election of 1824--receiving more of their votes for -Vice-President than Mr. Adams did for President. After the failure -in 1833 to unite the slave States against the free ones on the -Tariff agitation, he took up the slavery agitation--pursuing it -during his life, and leaving it at his death as a legacy to the -disciples in his political school. Mr. Tyler was a follower in these -amputations and extinction of slave territory in 1819-'20: he was -now a follower in the slavery agitation to get back the province -which was then given away, or to make it the means of a presidential -election, or of Southern dismemberment. This scheme had been going -on for two years before it appeared above the political horizon; and -the right understanding of the Texas annexation movement in 1844, -requires the hidden scheme to be uncovered from its source, and laid -open through its long and crooked course: which will be the subject -of the next chapter, as shown at the time in a speech from Senator -Benton. - - - - -CHAPTER CXXXIX. - -TEXAS ANNEXATION TREATY: FIRST SPEECH OF MR. BENTON AGAINST IT: -EXTRACTS. - - -MR. BENTON. The President, upon our call, sends us a map and -a memoir from the Topographical bureau to show the Senate the -boundaries of the country he proposes to annex. This memoir is -explicit in presenting the Rio Grande del Norte in its whole extent -as a boundary of the republic of Texas, and that in conformity to -the law of the Texian Congress establishing its boundaries. The -boundaries on the map conform to those in the memoir: each takes for -the western limit the Rio Grande from head to mouth; and a law of -the Texian Congress is copied into the margin of the map, to show -the legal, and the actual, boundaries at the same time. From all -this it results that the treaty before us, besides the incorporation -of Texas proper, also incorporates into our Union the left bank of -the Rio Grande, in its whole extent from its head spring in the -_Sierra Verde_ (Green Mountain), near the South Pass in the Rocky -Mountains, to its mouth in the Gulf of Mexico, four degrees south of -New Orleans, in latitude 26 deg. It is a "_grand and solitary river_," -almost without affluents or tributaries. Its source is in the region -of eternal snow; its outlet in the clime of eternal flowers. Its -direct course is 1,200 miles; its actual run about 2,000. This -immense river, second on our continent to the Mississippi only, and -but little inferior to it in length, is proposed to be added in the -whole extent of its left bank to the American Union! and that by -virtue of a treaty for the _re_-annexation of Texas! Now, the real -Texas which we acquired by the treaty of 1803, and flung away by -the treaty of 1819, never approached the Rio Grande except near its -mouth! while the whole upper part was settled by the Spaniards, and -great part of it in the year 1694--just one hundred years before -La Salle first saw Texas!--all this upper part was then formed -into provinces, on both sides of the river, and has remained under -Spanish, or Mexican authority ever since. These former provinces of -the Mexican viceroyalty, now departments of the Mexican republic, -lying on both sides of the Rio Grande from its head to its mouth, we -now propose to incorporate, so far as they lie on the left bank of -the river, into our Union, by virtue of a treaty of _re_-annexation -with Texas. Let us pause and look at our new and important proposed -acquisitions in this quarter. First: there is the department, -formerly the province of New Mexico, lying on both sides of the -river from its head spring to near the Paso del Norte--that is to -say, half down the river. This department is studded with towns and -villages--is populated--well cultivated--and covered with flocks -and herds. On its left bank (for I only speak of the part which we -propose to _re_-annex) is, first, the frontier village Taos, 3,000 -souls, and where the custom-house is kept at which the Missouri -caravans enter their goods. Then comes Santa Fe, the capital, 4,000 -souls--then Albuquerque, 6,000 souls--then some scores of other -towns and villages--all more or less populated, and surrounded -by flocks and fields. Then come the departments of Chihuahua, -Coahuila, and Tamaulipas, without settlements on the left bank of -the river, but occupying the right bank, and commanding the left. -All this--being parts of four Mexican departments--now under Mexican -governors and governments--is permanently reannexed to this Union, -if this treaty is ratified; and is actually reannexed from the -moment of the signature of the treaty, according to the President's -last message, to remain so until the acquisition is rejected by -rejecting the treaty! The one-half of the department of New Mexico, -with its capital, becomes a territory of the United States: an angle -of Chihuahua, at the Paso del Norte, famous for its wine, also -becomes ours: a part of the department of Coahuila, not populated on -the left bank, which we take, but commanded from the right bank by -Mexican authorities: the same of Tamaulipas, the ancient Nuevo San -Tander (New St. Andrew), and which covers both sides of the river -from its mouth for some hundred miles up, and all the left bank of -which is in the power and possession of Mexico. These, in addition -to the old Texas; these parts of four States--these towns and -villages--these people and territory--these flocks and herds--this -_slice_ of the republic of Mexico, two thousand miles long, and -some hundred broad--all this our President has cut off from its -mother empire, and presents to us, and declares it is ours till the -Senate rejects it! He calls it Texas! and the cutting off he calls -_re_-annexation! Humboldt calls it New Mexico, Chihuahua, Coahuila, -and Nuevo San Tander (now Tamaulipas); and the civilized world may -qualify this _re_-annexation by the application of some odious and -terrible epithet. Demosthenes advised the people of Athens not to -take, but to _re_-take a certain city; and in that _re_ laid the -virtue which saved the act from the character of spoliation and -robbery. Will it be equally potent with us? and will the _re_, -prefixed to the annexation, legitimate the seizure of two thousand -miles of a neighbor's dominion, with whom we have treaties of peace, -and friendship, and commerce? Will it legitimate this seizure, made -by virtue of a treaty with Texas, when no Texian force--witness the -disastrous expeditions to Mier and to Santa Fe--have been seen near -it without being killed or taken, to the last man? - -The treaty, in all that relates to the boundary of the Rio Grande, -is an act of unparalleled outrage on Mexico. It is the seizure of -two thousand miles of her territory without a word of explanation -with her, and by virtue of a treaty with Texas, to which she is no -party. Our Secretary of State (Mr. Calhoun) in his letter to the -United States charge in Mexico, and seven days after the treaty was -signed, and after the Mexican minister had withdrawn from our seat -of government, shows full well that he was conscious of the enormity -of this outrage; knew it was war; and proffered volunteer apologies -to avert the consequences which he knew he had provoked. - -The President, in his special message of Wednesday last, informs -us that we have acquired a title to the ceded territories by his -signature to the treaty, wanting only the action of the Senate to -perfect it; and that, in the mean time, he will protect it from -invasion, and for that purpose has detached all the disposable -portions of the army and navy to the scene of action. This is a -caper about equal to the mad freaks with which the unfortunate -emperor Paul, of Russia, was accustomed to astonish Europe about -forty years ago. By this declaration the thirty thousand Mexicans -in the left half of the valley of the Rio del Norte are our -citizens, and standing, in the language of the President's message, -in a hostile attitude towards us, and subject to be repelled as -invaders. Taos, the seat of the custom-house, where our caravans -enter their goods, is ours: Santa Fe, the capital of New Mexico, -is ours: Governor Armijo is our governor, and subject to be tried -for treason if he does not submit to us: twenty Mexican towns and -villages are ours; and their peaceful inhabitants, cultivating -their fields and tending their flocks, are suddenly converted, by a -stroke of the President's pen, into American citizens, or American -rebels. This is too bad: and, instead of making themselves party to -its enormities, as the President invites them to do, I think rather -that it is the duty of the Senate to wash its hands of all this -part of the transaction by a special disapprobation. The Senate is -the constitutional adviser of the President, and has the right, if -not the duty, to give him advice when the occasion requires it. I -therefore propose, as an additional resolution, appliable to the -Rio del Norte boundary only--the one which I will read and send to -the Secretary's table--stamping as a spoliation this seizure of -Mexican territory--and on which, at the proper time, I shall ask the -vote of the Senate. - -I now proceed a step further, and rise a step higher, Mr. -President, in unveiling the designs and developing the conduct of -our administration in this hot and secret pursuit after Texas. It -is my business now to show that war with Mexico is a design and -an object with it from the beginning, and that the treaty-making -power was to be used for that purpose. I know the responsibility -of a senator--I mean his responsibility to the moral sense of his -country and the world--in attributing so grave a culpability to this -administration. I know the whole extent of this responsibility, and -shall therefore be careful to proceed upon safe and solid ground. I -shall say nothing but upon proof--upon the proof furnished by the -President himself--and ask for my opinions no credence beyond the -strict letter of these proofs. For this purpose I have recourse -to the messages and correspondence which the President has sent -us, and begin with the message of the 22d of April--the one which -communicated the treaty to the Senate. That message, after a strange -and ominous declaration that no sinister means have been used--no -intrigue set on foot--to procure the consent of Texas to the -annexation, goes on to show exactly the contrary, and to betray the -President's design to protect Texas by receiving her into our Union -and adopting her war with Mexico. - -I proceed to another piece of evidence to the same effect--namely, -the letter of the present Secretary of State to Mr. Benjamin Green, -our charge at Mexico, under date of the 19th of April past. The -letter has been already referred to, and will be only read now in -the sentence which declares that the treaty has been made in the -full view of war! for that alone can be the meaning of this sentence: - - "It has taken the step (to wit, the step of making the treaty) - in full view of all possible consequences, but not without a - desire and a hope that a full and fair disclosure of the causes - which induced it to do so, would prevent the disturbance of the - harmony subsisting between the two countries, which the United - States is anxious to preserve." - -This is part of the despatch which communicates to Mexico the -fact of the conclusion of the treaty of annexation--that treaty, -the conclusion of which the formal and reiterated declarations of -the Mexican government informed our administration, during its -negotiation, would be war. I will quote one of these declarations, -the last one made by General Almonte, the Mexican minister, and in -reply to the letter of our Secretary who considered the previous -declarations as _threats_. General Almonte disclaims the idea of a -_threat_--repeats his asseveration that it is a _notice_ only, and -that in a case in which it was the right and the duty of Mexico to -give the _notice_ which would apprise us of the consequences of -carrying the treaty of annexation to a conclusion. - -After receiving this notification from the Mexican minister, -the letter of our present Secretary, of the 19th instant, just -quoted, directing our charge to inform the Mexican government of -the conclusion of the treaty of annexation, must be considered as -an official notification to Mexico that the war has begun! and so -indeed it has! and as much to our astonishment as to that of the -Mexicans! Who among us can ever forget the sensations produced in -this chamber, on Wednesday last, when the marching and the sailing -orders were read! and still more, when the message was read which -had set the army and navy in motion! - -These orders and the message, after having been read in this -chamber, were sent to the printer, and have not yet returned: I can -only refer to them as I heard them read, and from a brief extract -which I took of the message; and must refer to others to do them -justice. From all that I could hear, the war is begun; and begun by -orders issued by the President before the treaty was communicated -to the Senate! We are informed of a squadron, and an army of -"_observation_," sent to the Mexican ports, and Mexican frontier, -with orders to watch, remonstrate, and report; and to communicate -with President Houston! Now, what is an army of _observation_, but -an army in the field for war? It is an army whose name is known, -and whose character is defined, and which is incident to war alone. -It is to watch the ENEMY! and can never be made to watch a FRIEND! -Friends cannot be watched by armed men, either individually or -nationally, without open enmity. Let an armed man take a position -before your door, show himself to your family, watch your movements, -and remonstrate with you, and report upon you, if he judged your -movements equivocal: let him do this, and what is it but an act of -hostility and of outrage which every feeling of the heart, and every -law of God and man, require you to resent and repulse? This would be -the case with the mere individual; still more with nations, and when -squadrons and armies are the watchers and remonstrants. Let Great -Britain send an army and navy _to lie in wait_ upon our frontiers, -and before our cities, and then see what a cry of war would be -raised in our country. The same of Mexico. She must feel herself -outraged and attacked; she must feel our treaties broken; all our -citizens within her dominions alien enemies; their commerce to be -instantly ruined, and themselves expelled from the country. This -must be our condition, unless the Senate (or Congress) saves the -country. We are at war with Mexico now; and the message which covers -the marching and sailing orders is still more extraordinary than -they. The message assumes the republic of Texas to be part of the -American Union by the mere signature of the treaty, and to remain -so until the treaty is rejected, if rejected at all; and, in the -mean time, the President is to use the army and the navy to protect -the acquired country from invasion, like any part of the existing -Union, and to treat as hostile all adverse possessors or intruders. -According to this, besides what may happen at Vera Cruz, Tampico, -Matamoros, and other ports, and besides what may happen on the -frontiers of Texas proper, the Mexican population in New Mexico, and -Governor Armijo, or in his absence the governor _ad interim_, Don -Mariano Chaves, may find themselves pursued as rebels and traitors -to the United States. - -The war with Mexico, and its unconstitutionality, is fully shown: -its injustice remains to be exhibited, and that is an easy task. -What is done in violation of treaties, in violation of neutrality, -in violation of an armistice, must be unjust. All this occurs in -this case, and a great deal more. Mexico is our neighbor. We are -at peace with her. Social, commercial, and diplomatic relations -subsist between us, and the interest of the two nations requires -these relations to continue. We want a country which was once ours, -but which, by treaty, we have acknowledged to be hers. That country -has revolted. Thus far it has made good its revolt, and not a doubt -rests upon my mind that she will make it good for ever. But the -contest is not over. An armistice, duly proclaimed, and not revoked, -strictly observed by each in not firing a gun, though inoperative -thus far in the appointment of commissioners to treat for peace: -this armistice, only determinable upon notice, suspends the war. Two -thousand miles of Texian frontier is held in the hands of Mexico, -and all attempts to conquer that frontier have signally failed: -witness the disastrous expeditions to Mier and to Santa Fe. We -acknowledge the right--the moral and political right--of Mexico to -resubjugate this province, if she can. We declare our neutrality: we -profess friendship: we proclaim our respect for Mexico. In the midst -of all this, we make a treaty with Texas for transferring herself -to the United States, and that without saying a word to Mexico, -while receiving notice from her that such transfer would be war. -Mexico is treated as a nullity; and the province she is endeavoring -to reconquer is suddenly, by the magic of a treaty signature, -changed into United States domain. We want the country; but instead -of applying to Mexico, and obtaining her consent to the purchase, -or waiting a few months for the events which would supersede the -necessity of Mexican consent--instead of this plain and direct -course, a secret negotiation was entered into with Texas, in total -contempt of the acknowledged rights of Mexico, and without saying -a word to her until all was over. Then a messenger is despatched -in furious haste to this same Mexico, the bearer of volunteer -apologies, of deprecatory excuses, and of an offer of ten millions -of dollars for Mexican acquiescence in what Texas has done. Forty -days are allowed for the return of the messenger; and the question -is, will he bring back the consent? That question is answered in -the Mexican official notice of war, if the treaty of annexation -was made! and it is answered in the fact of not applying to her -for her consent before the treaty was made. The wrong to Mexico is -confessed in the fact of sending this messenger, and in the terms of -the letter of which he was the bearer. That letter of Mr. Secretary -Calhoun, of the 19th of April, to Mr. Benjamin Green, the United -States charge in Mexico, is the most unfortunate in the annals of -human diplomacy! By the fairest implications, it admits insult and -injury to Mexico, and violation of her territorial boundaries! it -admits that we should have had her previous consent--should have had -her concurrence--that we have injured her as little as possible--and -that we did all this in full view of all possible consequences! -that is to say, in full view of war! in plain English, that we have -wronged her, and will fight her for it. As an excuse for all this, -the imaginary designs of a third power, which designs are four times -solemnly disavowed, are brought forward as a justification of our -conduct; and an incomprehensible terror of immediate destruction -is alleged as the cause of not applying to her for her "_previous -consent_" during the eight months that the negotiation continued, -and during the whole of which time we had a minister in Mexico, and -Mexico had a minister in Washington. This letter is surely the most -unfortunate in the history of human diplomacy. It admits the wrong, -and tenders war. It is a confession throughout, by the fairest -implication, of injustice to Mexico. It is a confession that her -"_concurrence_" and "_her previous consent_" were necessary. - -It is now my purpose, Mr. President, to show that all this movement, -which is involving such great and serious consequences, and drawing -upon us the eyes of the civilized world, is bottomed upon a weak and -groundless pretext, discreditable to our government, and insulting -and injurious to Great Britain. We want Texas--that is to say, -the Texas of La Salle; and we want it for great national reasons, -obvious as day, and permanent as nature. We want it because it -is geographically appurtenant to our division of North America, -essential to our political, commercial, and social system, and -because it would be detrimental and injurious to us to have it -fall into the hands or to sink under the domination of any foreign -power. For these reasons, I was against sacrificing the country -when it was thrown away--and thrown away by those who are now so -suddenly possessed of a fury to get it back. For these reasons, I am -for getting it back whenever it can be done with peace and honor, -or even at the price of just war against any intrusive European -power: but I am against all disguise and artifice--against all -pretexts--and especially against weak and groundless pretexts, -discreditable to ourselves, offensive to others, too thin and -shallow not to be seen through by every beholder, and merely -invented to cover unworthy purposes. I am against the inventions -which have been brought forward to justify the secret concoction of -this treaty, and its sudden explosion upon us, like a ripened plot, -and a charged bomb, forty days before the conventional nomination -of a presidential candidate. In looking into this pretext, I shall -be governed by the evidence alone which I find upon the face of the -papers, regretting that the resolution which I have laid upon the -table for the examination of persons at the bar of the Senate, has -not yet been adopted. That resolution is in these words: - - "_Resolved_, That the AUTHOR of the '_private letter_' from - London, in the summer of 1843 (believed to be Mr. Duff Green), - addressed to the American Secretary of State (Mr. Upshur), and - giving him the first intelligence of the (imputed) British - anti-slavery designs upon Texas, and the contents of which - '_private letter_' were made the basis of the Secretary's - leading despatch of the 8th of August following, to our charge - in Texas, for procuring the annexation of Texas to the United - States, be SUMMONED to appear at the bar of the Senate, to - answer on oath to all questions in relation to the contents of - said '_private letter_,' and of any others in relation to the - same subject: and also to answer all questions, so far as he - shall be able, in relation to the origin and objects of the - treaty for the annexation of Texas, and of all the designs, - influences, and interests which led to the formation thereof. - - "_Resolved, also_, That the Senate will examine at its bar, - or through a committee, such other persons as shall be deemed - proper in relation to their knowledge of any, or all, of the - foregoing points of inquiry." - -I hope, Mr. President, this resolution will be adopted. It is due -to the gravity of the occasion that we should have facts and good -evidence before us. We are engaged in a transaction which concerns -the peace and the honor of the country; and extracts from private -letters, and letters themselves, with or without name, and, it may -be, from mistaken or interested persons, are not the evidence on -which we should proceed. Dr. Franklin was examined at the bar of -the British House of Commons before the American war, and I see no -reason why those who wish to inform the Senate, and others from -whom the Senate could obtain information, should not be examined -at our bar, or at that of the House, before the Senate or Congress -engages in the Mexican war. It would be a curious incident in the -Texas drama if it should turn out to be a fact that the whole -annexation scheme was organized before the reason for it was -discovered in London! and if, from the beginning, the abolition -plot was to be burst upon us, under a sudden and overwhelming sense -of national destruction, exactly forty days before the national -convention at Baltimore! I know nothing about these secrets; but, -being called upon to act, and to give a vote which may be big with -momentous consequences, I have a right to know the truth; and shall -continue to ask for it, until fully obtained, or finally denied. -I know not what the proof will be, if the examination is had. I -pretend to no private knowledge; but I have my impressions; and if -they are erroneous, let them be effaced--if correct, let them be -confirmed. - -In the absence of the evidence which this responsible and -satisfactory examination might furnish, I limit myself to the -information which appears upon the face of the papers--imperfect, -defective, disjointed, and fixed up for the occasion, as those -papers evidently are. And here I must remark upon the absence of -all the customary information which sheds light upon the origin, -progress, and conclusion of treaties. No minutes of conferences--no -protocols--no propositions, or counter-propositions--no inside view -of the nascent and progressive negotiation. To supply all this -omission, the Senate is driven to the tedious process of calling -on the President, day by day, for some new piece of information; -and the endless necessity for these calls--the manner in which -they are answered--and the often delay in getting any answer at -all--become new reasons for the adoption of my resolution, and for -the examination of persons at the bar of the Senate. - -The first piece of testimony I shall use in making good the position -I have assumed, is the letter of Mr. Upshur, our Secretary of State, -to Mr. Murphy, our charge in Texas dated the 8th day of August, in -the year 1843. It is the first one, so far as we are permitted to -see, that begins the business of the Texas annexation; and has all -the appearance of beginning it in the middle, so far as the United -States are concerned, and upon grounds previously well considered: -for this letter of the 8th of August, 1843, contains every reason -on which the whole annexation movement has been defended, or -justified. And, here, I must repeat what I have already said: in -quoting these letters of the secretaries, I use the name of the -writer to discriminate the writer, but not to impute it to him. -The President is the author: the secretary only his head clerk, -writing by his command, and having no authority to write any thing -but as he commands. This important letter, the basis of all Texian -"_immediate_" annexation, opens thus: - - "SIR: A private letter from a citizen of Maryland, then in - London, contains the following passage: - - "'I learn from a source entitled to the fullest confidence, that - there is now here a Mr. Andrews, deputed by the abolitionists - of Texas to negotiate with the British government. That he has - seen Lord Aberdeen, and submitted his project for the abolition - of slavery in Texas, which is, that there shall be organized a - company in England, who shall advance a sum sufficient to pay - for the slaves now in Texas, and receive in payment Texas lands; - that the sum thus advanced shall be paid over as an indemnity - for the abolition of slavery; and I am authorized by the Texian - minister to say to you, that Lord Aberdeen has agreed that the - British government will guarantee the payment of the interest - on this loan, upon condition that the Texian government will - abolish slavery.' - - "The writer professes to feel entire confidence in the accuracy - of this information. He is a man of great intelligence, and well - versed in public affairs. Hence I have every reason to confide - in the correctness of his conclusions." - -The name of the writer is not given, but he is believed to be Mr. -Duff Green--a name which suggests a vicarious relation to our -Secretary of State--which is a synonym for intrigue--and a voucher -for finding in London whatever he was sent to bring back--who is the -putative recipient of the Gilmer letter to a friend in Maryland, -destined for General Jackson--and whose complicity with this Texas -plot is a fixed fact. Truly this "inhabitant of Maryland," who lived -in Washington, and whose existence was as ubiquitous as his _role_ -was vicarious, was a very indispensable agent in all this Texas plot. - -The letter then goes on, through a dozen elaborate paragraphs, -to give every reason for the annexation of Texas, founded on the -apprehension of British views there and the consequent danger -to the slave property of the South, and other injuries to the -United States, which have been so incontinently reproduced, and so -tenaciously adhered to ever since. - -Thus commenced the plan for the immediate annexation of Texas to -the United States, as the only means of saving that country from -British domination, and from the anti-slavery schemes attributed to -her by Mr. Duff Green. Unfortunately, it was not deemed necessary -to inquire into the truth of this gentleman's information; and it -was not until four months afterwards, and until after the most -extraordinary efforts to secure annexation had been made by our -government, that it was discovered that the information given by -Mr. Green was entirely mistaken and unfounded! The British minister -(the Earl of Aberdeen) and the Texian charge in London (Mr. Ashbel -Smith), both of whom were referred to by Mr. Green, being informed -in the month of November of the use which had been made of their -names, availed themselves of the first opportunity to contradict the -whole story to our minister, Mr. Everett. This minister immediately -communicated these important contradictions to his own government, -and we find them in the official correspondence transmitted to us -by Mr. Everett, under dates of the 3d and 16th of November, 1843. I -quote first from that of the 3d of November: - -(Here was read Mr. Everett's account of his first conversation with -the Earl of Aberdeen on this subject.) - -I quote copiously, and with pleasure, Mr. President, from this -report of Lord Aberdeen's conversation with Mr. Everett; it is -frank and friendly, equally honorable to the minister as a man and -a statesman, and worthy of the noble spirit of the great William -Pitt. Nothing could dissipate more completely, and extinguish more -utterly, the insidious designs imputed to Great Britain; nothing -could be more satisfactory and complete; nothing more was wanting to -acquit the British government of all the alarming designs imputed -to her. It was enough; but the Earl of Aberdeen, in the fulness of -his desire to leave the American government no ground for suspicion -or complaint on this head, voluntarily returned to the topic a few -days afterwards; and, on the 6th of November, again disclaims in the -strongest terms the offensive designs imputed to his government. Mr. -Everett thus relates, in his letter of the 16th of November, the -substance of these renewed declarations: - -(Here the letter giving an account of the second interview was read.) - -Thus, twice, in three days, the British minister fully, formally, -and in the broadest manner contradicted the whole story upon the -faith of which our President had commenced (so far as the papers -show the commencement of it) his immediate annexation project, as -the only means of counteracting the dangerous designs of Great -Britain! But this was not all. There was another witness in London -who had been referred to by Mr. Duff Green; and it remained for this -witness to confirm or contradict his story. This was the Texian -charge (Mr. Ashbel Smith): and the same letter from Mr. Everett, -of the 16th of November, brought his contradiction in unequivocal -terms. Mr. Everett thus recites it: - -(The passage was read.) - -Such was the statement of Mr. Ashbel Smith! and the story of Mr. -Duff Green, which had been made the basis of the whole scheme for -_immediate_ annexation, being now contradicted by two witnesses--the -two which he himself had named--it might have been expected that -some halt or pause would have taken place, to give an opportunity -for consideration and reflection, and for consulting the American -people, and endeavoring to procure the consent of Mexico. This -might have been expected: but not so the fact. On the contrary, the -_immediate_ annexation was pressed more warmly than ever, and the -administration papers became more clamorous and incessant in their -accusations of Great Britain. Seeing this, and being anxious (to use -his own words) to put a stop to these misrepresentations, and to -correct the errors of the American government, the Earl of Aberdeen, -in a formal despatch to Mr. Pakenham, the new British minister at -Washington, took the trouble of a third contradiction, and a most -formal and impressive one, to all the evil designs in relation to -Texas, and, through Texas, upon the United States, which were thus -perseveringly attributed to his government. This paper, destined to -become a great landmark in this controversy, from the frankness and -fulness of its disavowals, and from the manner in which detached -phrases, picked out of it, have been used by our Secretary of State -[Mr. CALHOUN] since the treaty was signed, to justify its signature, -deserves to be read in full, and to be made a corner-stone in the -debate on this subject. I therefore, quote it in full, and shall -read it at length in the body of my speech. This is it: - -(The whole letter read.) - -This was intended to stop the misrepresentations which were -circulated, and to correct the errors of the government in relation -to Great Britain and Texas. It was a reiteration, and that for the -third time, and voluntarily, of denial of all the alarming designs -attributed to Great Britain, and by means of which a Texas agitation -was getting up in the United States. Besides the full declaration -made to our federal government, as head of the Union, a special -assurance was given to the slaveholding States, to quiet their -apprehensions, the truth and sufficiency of which must be admitted -by every person who cannot furnish proof to the contrary. I read -this special assurance a second time, that its importance may be -more distinctly and deeply felt by every senator: - - "_And the governments of the slaveholding States may be - assured, that, although we shall not desist from those open and - honest efforts which we have constantly made for procuring the - abolition of slavery throughout the world, we shall neither - openly nor secretly resort to any measures which can tend to - disturb their internal tranquillity, or thereby to affect the - prosperity of the American Union._" - -It was on the 26th day of February that this noble despatch was -communicated to the (then) American Secretary of State. That -gentleman lost his life by an awful catastrophe on the 28th, and it -seems to be understood, and admitted all around, that the treaty -of annexation was agreed upon, and virtually concluded before his -death. Nothing, then, in Lord Aberdeen's declaration, could have -had any effect upon its formation or conclusion. Yet, six days -after the actual signature of the treaty by the present Secretary -of State--namely, on the 18th day of April--this identical despatch -of Lord Aberdeen is seized upon, in a letter to Mr. Pakenham, to -justify the formation of the treaty, and to prove the necessity -for the _immediate_ annexation of Texas to the United States, as -a measure of self-defence, and as the only means of saving our -Union! Listen to the two or three first paragraphs of that letter: -it is the long one filled with those negro statistics of which Mr. -Pakenham declines the controversy. The secretary says: - -(Here the paragraphs were read, and the Senate heard with as -much amazement as Mr. Pakenham could have done, that comparative -statement of the lame, blind, halt, idiotic, pauper and jail tenants -of the free and the slave blacks, which the letter to the British -minister contained, with a view to prove that slavery was their best -condition.) - -It is evident, Mr. President, that the treaty was commenced, carried -on, formed, and agreed upon, so far as the documents show its -origin, in virtue of the information given in the private letter of -Mr. Duff Green, contradicted as that was by the Texian and British -ministers, to whom it referred. It is evident from all the papers -that this was the case. The attempt to find in Lord Aberdeen's -letter a subsequent pretext for what had previously been done, is -evidently an afterthought, put to paper, for the first time, just -six days after the treaty had been signed! The treaty was signed -on the 12th of April: the afterthought was committed to paper, in -the form of a letter to Mr. Pakenham, on the 18th! and on the 19th -the treaty was sent to the Senate! having been delayed seven days -to admit of drawing up, and sending in along with it, this _ex post -facto_ discovery of reasons to justify it. The letter of Mr. Calhoun -was sent in with the treaty: the reply of Mr. Pakenham to it, though -brief and prompt, being written on the same day (the 19th of April), -was not received by the Senate until ten days thereafter--to wit: on -the 29th of April; and when received, it turns out to be a fourth -disavowal, in the most clear and unequivocal terms, of this new -discovery of the old designs imputed to Great Britain, and which -had been three times disavowed before. Here is the letter of Mr. -Pakenham, giving this fourth contradiction to the old story, and -appealing to the judgment of the civilized world for its opinion -on the whole transaction. I read an extract from this letter; the -last one, it is presumed, that Mr. Pakenham can write till he hears -from his government, to which he had immediately transmitted Mr. -Calhoun's _ex post facto_ letter of the 18th. - -(It was read.) - -Now what will the civilized world, to whose good opinion we must all -look: what will Christendom, now so averse to war, and pretexted -war: what will the laws of reason and honor, so just in their -application to the conduct of nations and individuals: what will -this civilized world, this Christian world, these just laws--what -will they all say that our government ought to have done, under -this accumulation of peremptory denials of all the causes which -we had undertaken to find in the conduct of Great Britain for our -"_immediate_" annexation of Texas, and war with Mexico? Surely these -tribunals will say: _First_, That the disavowals should have been -received as sufficient; _or Secondly_, They should be disproved, if -not admitted to be true; _or Thirdly_, That reasonable time should -be allowed for looking further into their truth. - -One of these things should have been done: our President does -neither. He concludes the treaty--retains it a week--sends it to -the Senate--and his Secretary of State obtains a promise from the -chairman of the Committee on Foreign Relations [Mr. ARCHER] to -delay all action upon it--not to take it up for forty days--the -exact time that would cover the sitting of the Baltimore democratic -convention for the nomination of presidential candidates! This -promise was obtained under the assurance that a special messenger -had been despatched to Mexico for her consent to the treaty; and the -forty days was the time claimed for the execution of his errand, -and at the end of which he was expected to return with the required -consent. Bad luck again! This despatch of the messenger, and delay -for his return, and the _reasons_ he was understood to be able to -have offered for the consent of Mexico, were felt by all as an -admission that the consent of Mexico must be obtained, cost what -millions it might. This admission was fatal! and it became necessary -to take another tack, and do it away! This was attempted in a -subsequent message of the President, admitting, to be sure, that -the messenger was sent, and sent to operate upon Mexico in relation -to the treaty; but taking a fine distinction between obtaining her -consent to it, and preventing her from being angry at it! This -message will receive justice at the hands of others; I only heard it -as read, and cannot quote it in its own words. But the substance of -it was, that the messenger was sent to prevent Mexico from going to -war with us on account of the treaty! as if there was any difference -between getting her to consent to the treaty, and getting her not to -dissent! But, here again, more bad luck. Besides the declarations -of the chairman of Foreign Relations, showing what this messenger -was sent for, there is a copy of the letter furnished to us of which -he was the bearer, and which shows that the "_concurrence_" of -Mexico was wanted, and that apologies are offered for not obtaining -her "_previous consent_." But, of this hereafter. I go on with the -current of events. The treaty was sent in, and forty days' silence -upon it was demanded of the Senate. Now why send it in, if the -Senate was not to touch it for forty days? Why not retain it in the -Department of State until the lapse of these forty days, when the -answer from Mexico would have been received, and a fifth disavowal -arrived from Great Britain! if, indeed, it is possible for her to -reiterate a disavowal already four times made, and not received? -Why not retain the treaty during these forty days of required -silence upon it in the Senate, and when that precious time might -have been turned to such valuable account in interchanging friendly -explanations with Great Britain and Mexico? Why not keep the treaty -in the Secretary of State's office, as well as in the Secretary of -the Senate's office, during these forty days? Precisely because the -Baltimore convention was to sit in thirty-eight days from that time! -and forty days would give time for the "_Texas bomb_" to burst and -scatter its fragments all over the Union, blowing up candidates for -the presidency, blowing up the _tongue-tied_ Senate itself for not -ratifying the treaty, and furnishing a new Texas candidate, anointed -with gunpowder, for the presidential chair. This was the reason, -and as obvious as if written at the head of every public document. -In the mean time, all these movements give fresh reason for an -examination of persons at the bar of the Senate. The determination -of the President to conclude the treaty, before the Earl of -Aberdeen's despatch was known to him--that is to say, before the -26th of February, 1844: the true nature of the messenger's errand -to Mexico, and many other points, now involved in obscurity, may -be cleared up in these examinations, to the benefit and well being -of the Union. Perhaps it may chance to turn out in proof, that the -secretary, who found his reasons for making the treaty and hastening -the immediate annexation, had determined upon all that long before -he heard of Lord Aberdeen's letter. - -But to go on. Instead of admitting, disproving, or taking time to -consider the reiterated disavowals of the British government, the -messenger to Mexico is charged with our manifesto of war against -that government, on account of the imputed designs of Great Britain, -and in which they are all assumed to be true! and not only true, -but fraught with such sudden, irresistible, and irretrievable ruin -to the United States, that there was no time for an instant of -delay, nor any way to save the Union from destruction but by the -"_immediate_" annexation of Texas. Here is the letter. It is too -important to be abridged; and though referred to several times, will -now be read in full. Hear it: - -(The letter read.) - -This letter was addressed to Mr. Benjamin Green, the son of Mr. Duff -Green; so that the beginning and the ending of this "_immediate_" -annexation scheme, so far as the invention of the pretext, and the -inculpation of Great Britain is concerned, is in the hands of father -and son--a couple, of whom it may be said, in the language of Gil -Blas, "These two make a pair." The letter itself is one of the most -unfortunate that the annals of diplomacy ever exhibited. It admits -the wrong to Mexico, and offers to fight her for that wrong; and not -for any thing that she has done to the United States, but because -of some supposed operation of Great Britain upon Texas. Was there -ever such a comedy of errors, or, it may be, tragedy of crimes! Let -us analyze this important letter; let us examine it, paragraph by -paragraph. - -The first paragraph enjoins the strongest assurances to be given to -Mexico of our indisposition to wound the dignity or honor of Mexico -in making this treaty, and of our regret if she should consider -it otherwise. This admits that we have done something to outrage -Mexico, and that we owe her a volunteer apology, to soften her -anticipated resentment. - -The same paragraph states that we have been driven to this step in -self-defence, and to counteract the "_policy adopted_," and the -"_efforts made_" by Great Britain to abolish slavery in Texas. -This is an admission that we have done what may be offensive and -injurious to Mexico, not on account of any thing she has done to us, -but for what we fear Great Britain may do to Texas. And as for this -plea of self-defence, it is an invasion of the homicidal criminal's -prerogative, to plead it. All the murders committed in our country, -are done in self-defence--a few through insanity. The choice of the -defence lies between them, and it is often a nice guess for counsel -to say which to take. And so it might have been in this case; and -insanity would have been an advantage in the plea, being more -honorable, and not more false. - -The same paragraph admits that the United States has made this -treaty in full view of war with Mexico; for the words "_all possible -consequences_," taken in connection with the remaining words of the -sentence, and with General Almonte's notice filed by order of his -government at the commencement of this negotiation, can mean nothing -else but war! and that to be made by the treaty-making power. - -The second paragraph directs the despatch of Lord Aberdeen to be -read to the Mexican Secretary of State, to show him our cause of -complaint against Great Britain. This despatch is to be read--not -delivered, not even a copy of it--to the Mexican minister. He may -take notes of it during the reading, but not receive a copy, because -it is a document to be sent to the Senate! Surely the Senate would -have pardoned a departure from _etiquette_ in a case where war -was impending, and where the object was to convince the nation we -were going to fight! that we had a right to fight her for fear of -something which a third power might do to a fourth. To crown this -scene, the reading is to be of a document in the English language, -to a minister whose language is Spanish; and who may not know what -is read, except through an interpreter. - -The third paragraph of this pregnant letter admits that questions -are to grow out of this treaty, for the settlement of which a -minister will be sent by us to Mexico. This is a most grave -admission. It is a confession that we commit such wrong upon Mexico -by this treaty, that it will take another treaty to redress it; -and that, as the wrong doer, we will volunteer an embassy to atone -for our misconduct. Boundary is named as one of these things to be -settled, and with reason; for we violate 2,000 miles of Mexican -boundary which is to become ours by the ratification of this treaty, -and to remain ours till restored to its proper owner by another -treaty. Is this right? Is it sound in morals? Is it safe in policy? -Would we take 2,000 miles of the Canadas in the same way? I presume -not. And why not? why not treat Great Britain and Mexico alike? why -not march up to "Fifty-Four Forty" as courageously as we march -upon the Rio Grande? Because Great Britain is powerful, and Mexico -weak--a reason which may fail in policy as much as in morals. Yes, -sir! Boundary will have to be adjusted, and that of the Rio Grande; -and until adjusted, we shall be aggressors, by our own admission, on -the undisputed Mexican territory on the Rio Grande. - -The last paragraph is the most significant of the whole. It is a -confession, by the clearest inferences, that our whole conduct to -Mexico has been tortuous and wrongful, and that she has "_rights_," -to the settlement of which Mexico must be a party. The great -admissions are, the want of the concurrence of Mexico; the want of -her previous consent to this treaty; its objectionableness to her; -the violation of her boundary; the "_rights_" of each, and of course -the right of Mexico to settle questions of security and interest -which are unsettled by the present treaty. The result of the whole -is, that the war, in full view of which the treaty was made, was an -unjust war upon Mexico. - -Thus admitting our wrong in injuring Mexico, in not obtaining her -concurrence; in not securing her previous consent; in violating her -boundary; in proceeding without her in a case where her rights, -security, and interests are concerned; admitting all this, what is -the reason given to Mexico for treating her with the contempt of -a total neglect in all this affair? And here strange scenes rise -up before us. This negotiation began, upon the record, in August -last. We had a minister in Mexico with whom we could communicate -every twenty days. Mexico had a minister here, with whom we could -communicate every hour in the day. Then why not consult Mexico -before the treaty? Why not speak to her during these eight months, -when in such hot haste to consult her afterwards, and so anxious to -stop our action on the treaty till she was heard from, and so ready -to volunteer millions to propitiate her wrath, or to conciliate her -consent? Why this haste after the treaty, when there was so much -time before? It was because the plan required the "_bomb_" to be -kept back till forty days before the Baltimore convention, and then -a storm to be excited. - -The reason given for this great haste after so long delay, is that -the safety of the United States was at stake: that the British would -abolish slavery in Texas, and then in the United States, and so -destroy the Union. Giving to this imputed design, for the sake of -the argument, all the credit due to an uncontradicted scheme, and -still it is a preposterous excuse for not obtaining the previous -consent of Mexico. It turns upon the idea that this abolition of -slavery in Texas is to be sudden, irresistible, irretrievable! and -that not a minute was to be lost in averting the impending ruin! -But this is not the case. Admitting what is charged--that Great -Britain has adopted a policy, and made efforts to abolish slavery in -Texas, with a view to its abolition in the United States--yet this -is not to be done by force, or magic. The Duke of Wellington is not -to land at the head of some 100,000 men to set the slaves free. No -gunpowder plot, like that intended by Guy Fawkes, is to blow the -slaves out of the country. No magic wand is to be waved over the -land, and to convert it into the home of the free. No slips of magic -carpet in the Arabian Nights is to be slipped under the feet of the -negroes to send them all whizzing, by a wish, ten thousand miles -through the air. None of these sudden, irresistible, irretrievable -modes of operating is to be followed by Great Britain. She wishes -to see slavery abolished in Texas, as elsewhere; but this wish, -like all other human wishes, is wholly inoperative without works -to back it: and these Great Britain denies. She denies that she -will operate by works, only by words where acceptable. But admit -it. Admit that she has now done what she never did before--_denied -her design!_ admit all this, and you still have to confess that she -is a human power and has to work by human means, and in this case -to operate upon the minds of people and of nations--upon Mexico, -Texas, the United States, and slaves within the boundaries of these -two latter countries. She has to work by moral means; that is to -say, by operating on the mind and will. All this is a work of -time--a work of years--the work of a generation! Slavery is in the -constitution of Texas, and in the hearts, customs, and interests -of the people; and cannot be got out in many years, if at all. And -are we to be told that there was no time to consult Mexico? or, -in the vague language of the letter, that _circumstances_ did not -permit the consultation, and that without disclosing what these -circumstances were? It was last August that the negotiation began. -Was there fear that Mexico would liberate Texian slaves if she -found out the treaty before it was made? Alas! sir, she refused to -have any thing to do with the scheme! Great Britain proposed to her -to make emancipation of slaves the condition of acknowledging Texian -independence. She utterly refused it; and of this our government was -officially informed by the Earl of Aberdeen. No, sir, no! There is -no reason in the excuse. I profess to be a man that can understand -reason, and could comprehend the force of the circumstances which -would show that the danger of delay was so imminent that nothing -but _immediate_ annexation could save the United States from -destruction. But none such are named, or can be named; and the true -reason is, that the Baltimore convention was to sit on the 27th of -May. - -Great Britain avows all she intends, and that is--a wish--TO -SEE--slavery abolished in Texas; and she declares all the means -which she means to use, and that is, advice where it is acceptable. - -It will be a strange spectacle, in the nineteenth century, to -behold the United States at war with Mexico, because Great Britain -wishes--TO SEE--the abolition of slavery in Texas. - -So far from being a just cause of war, I hold that the expression of -such a wish is not even censurable by us, since our naval alliance -with Great Britain for the suppression of the slave trade--since -our diplomatic alliance with her to close the markets of the world -against the slave trade--and since the large effusion of mawkish -sentimentality on the subject of slavery, in which our advocates of -the aforesaid diplomatic and naval alliance indulged themselves at -the time of its negotiation and conclusion. Since that time, I think -we have lost the right (if we ever possessed it) of fighting Mexico, -because Great Britain says she wishes--TO SEE--slavery abolished in -Texas, as elsewhere throughout the world. - -The civilized world judges the causes of war, and discriminates -between motives and pretexts: the former are respected when true and -valid--the latter are always despised and exposed. Every Christian -nation owes it to itself, as well as to the family of Christian -nations, to examine well its grounds of war, before it begins one, -and to hold itself in a condition to justify its act in the eyes -of God and man. Not satisfied of either the truth or validity of -the cause for our war with Mexico, in the alleged interference of -Great Britain in Texian affairs, I feel myself bound to oppose it, -and not the less because it is deemed a small war. Our constitution -knows no difference between wars. The declaration of all wars is -given to Congress--not to the President and Senate--much less to -the President alone. Besides, a war is an ungovernable monster, -and there is no knowing into what proportions even a small one may -expand! especially when the interference of one large power may lead -to the interference of another. - -Great Britain disavows (and that four times over) all the designs -upon Texas attributed to her. She disavows every thing. I believe -I am as jealous of the encroaching and domineering spirit of that -power, as any reasonable man ought to be; but these disavowals are -enough for me. That government is too proud to lie! too wise to -criminate its future conduct by admitting the culpability which the -disavowal implies. Its fault is on the other side of the account--in -its arrogance in avowing, and even overstating, its pretensions. -Copenhagen is her style! I repeat it, then, the disavowal of all -design to interfere with Texian Independence, or with the existence -of slavery in Texas, is enough for me. I shall believe in it until -I see it disproved by evidence, or otherwise falsified. Would to -God that our administration could get the same disavowal in all the -questions of real difference between the two countries! that we -could get it in the case of the Oregon--the claim of search--the -claim of visitation--the claim of impressment--the practice of -liberating our fugitive and criminal slaves--the repetition of the -Schlosser invasion of our territory and murder of our citizens--the -outrage of the Comet, Encomium, Enterprise, and Hermosa cases! - -And here, without regard to the truth or falsehood of this imputed -design of British intentions to abolish slavery in Texas, a very -awkward circumstance crosses our path in relation to its validity, -if true: for, it so happens that we did that very thing ourselves! -By the Louisiana treaty of 1803, Texas, and all the country, -between the Red River and Arkansas, became ours, and was subject -to slavery: by the treaty of 1819, made, as Mr. Adams assures us, -by the majority of Mr. Monroe's cabinet, who were Southern men, -this Texas, and a hundred thousand square miles of other territory -between the Red River and Arkansas, were dismembered from our Union, -and added to Mexico, a non-slaveholding empire. By that treaty of -1819, slavery was actually abolished in all that region in which -we now only fear, contrary to the evidence, that there is a design -to abolish it! and the confines of a non-slaveholding empire were -then actually brought to the boundaries of Louisiana, Arkansas, and -Missouri! the exact places which we now so greatly fear to expose to -the contact of a non-slaveholding dominion. All this I exposed at -the time the treaty of 1819 was made, and pointed out as one of the -follies or crimes, of that unaccountable treaty; and now recur to it -in my place here to absolve Mr. Adams, the negotiator of the treaty -of 1819, from the blame which I then cast upon him. His responsible -statement on the floor of the House of Representatives has absolved -him from that blame, and transferred it to the shoulders of the -majority of Mr. Monroe's cabinet. On seeing the report of his speech -in the papers, I deemed it right to communicate with Mr. Adams, -through a senator from his State, now in my eye, and who hears -what I say (looking at Mr. BATES, of Massachusetts), and through -him received the confirmation of the reported speech, that he (Mr. -Adams) was the last of Mr. Monroe's cabinet to yield our true -boundaries in that quarter. [Here Mr. Bates nodded assent.] Southern -men deprived us of Texas, and made it non-slaveholding in 1819. -Our present Secretary of State was a member of that cabinet, and -counselled that treaty: our present President was a member of the -House, and sanctioned it in voting against Mr. Clay's condemnatory -resolution. They did a great mischief then: they should be cautious -not to err again in the _manner_ of getting it back. - -I have shown you, Mr. President, that the ratification of this -treaty would be war with Mexico--that it would be unjust war, -unconstitutionally made--and made upon a weak and groundless -pretext. It is not my purpose to show for what object this war is -made--why these marching and sailing orders have been given--and why -our troops and ships, as squadrons and corps of observation, are -now in the Gulf of Mexico, watching Mexican cities; or on the Red -River, watching Mexican soldiers. I have not told the reasons for -this war, and warlike movements, nor is it necessary to do so. The -purpose of the whole is plain and obvious. It is in every body's -mouth. It is in the air, and we can see and feel it. Mr. Tyler wants -to be President; and, different from the perfumed fop of Shakspeare, -to whom the smell of gunpowder was so offensive, he not only wants -to smell that compound, but also to smell of it. He wants an odor -of the "_villanous compound_" upon him. He has become infected -with the modern notion that gunpowder popularity is the passport -to the presidency; and he wants that passport. He wants to play -Jackson; but let him have a care. From the sublime to the ridiculous -there is but a step; and, in heroic imitations, there is no middle -ground. The hero missed, the harlequin appears; and hisses salute -the ears which were itching for applause. Jackson was no candidate -for the presidency when he acted the real, not the mock hero. He -staked himself for his country--did nothing but what was just--and -eschewed intrigue. His elevation to the presidency was the act of -his fellow-citizens--not the machination of himself. - - - - -CHAPTER CXL. - -TEXAS OR DISUNION: SOUTHERN CONVENTION: MR. BENTON'S SPEECH: -EXTRACTS. - - -The senator from South Carolina (Mr. McDuffie) assumes it for -certain, that the great meeting projected for Nashville is to take -place: and wishes to know who are to be my bedfellows in that great -gathering: and I on my part, would wish to know who are to be his! -Misery, says the proverb, makes strange bedfellows: and political -combinations sometimes make them equally strange. The fertile -imagination of Burke has presented us with a view of one of these -strange sights; and the South Carolina procession at Nashville (if -nothing occurs to balk it) may present another. Burke has exhibited -to us the picture of a cluster of old political antagonists (it was -after the formation of Lord North's broad bottomed administration, -and after the country's good and love of office had smothered old -animosities)--all sleeping together in one truckle-bed: to use his -own language, all pigging together (that is, lying like pigs, heads -and tails, and as many together) in the same truckle-bed: and a -queer picture he made of it! But if things go on as projected here, -never did misery, or political combination, or the imagination -of Burke, present such a medley of bedfellows as will be seen at -Nashville. All South Carolina is to be there: of course General -Jackson will be there, and will be good and hospitable to all. But -let the travellers take care who goes to bed to him. If he should -happen to find old tariff disunion, disguised as Texas disunion, -lying by his side! then woe to the hapless wight that has sought -such a lodging. Preservation of the Federal Union is as strong in -the old Roman's heart now as ever: and while, as a Christian, he -forgives all that is past (if it were past!), yet, no old tricks -under new names. Texas disunion will be to him the same as tariff -disunion: and if he detects a Texas disunionist nestling into his -bed, I say again, woe to the luckless wight! Sheets and blankets -will be no salvation. The tiger will not be toothless--the senator -understands the allusion--nor clawless either. Teeth and claws he -will have, and sharp use he will make of them! Not only skin and -fur, but blood and bowels may fly, and double-quick time scampering -may clear that bed! I shall not be there: even if the scheme goes -on (which I doubt after this day's occurrences); if it should go -on, and any thing should induce me to go so far out of my line, it -would be to have a view of the senator from South Carolina, and the -friends for whom he speaks, and their new bedfellows, or fellows in -bed, as the case may be, all pigging together in one truckle-bed at -Nashville. - -But I advise the contrivers to give up this scheme. Polk and Texas -are strong, and can carry a great deal, but not every thing. The -oriental story informs us that it was the last ounce which broke -the camel's back? What if a mountain had been put first on the poor -animal's back? Nullification is a mountain! Disunion is a mountain! -and what could Polk and Texas do with two mountains on their backs? -And here, Mr. President, I must speak out. The time has come for -those to speak out who neither fear nor count consequences when -their country is in danger. Nullification and disunion are revived, -and revived under circumstances which menace more danger than ever, -since coupled with a popular question which gives to the plotters -the honest sympathies of the patriotic millions. I have often -intimated it before, but now proclaim it. Disunion is at the bottom -of this long-concealed Texas machination. Intrigue and speculation -co-operate; but disunion is at the bottom, and I denounce it to -the American people. Under the pretext of getting Texas into -the Union, the scheme is to get the South out of it. A separate -confederacy, stretching from the Atlantic to the Californias (and -hence the secret of the Rio Grande del Norte frontier), is the -cherished vision of disappointed ambition; and for this consummation -every circumstance has been carefully and artfully contrived. A -secret and intriguing negotiation, concealed from Congress and the -people: an abolition quarrel picked with Great Britain to father -an abolition quarrel at home: a slavery correspondence to outrage -the North: war with Mexico: the clandestine concentration of troops -and ships in the southwest: the secret compact with the President -of Texas, and the subjection of American forces to his command: -the flagrant seizure of the purse and the sword: the contradictory -and preposterous reasons on which the detected military and -naval movement was defended--all these announce the prepared -catastrophe; and the inside view of the treaty betrays its design. -The whole annexed country is to be admitted as one territory, with -a treaty-promise to be admitted as States, when we all know that -Congress alone can admit new States, and that the treaty-promise, -without a law of Congress to back it, is void. The whole to be slave -States (and with the boundary to the Rio Grande there may be a great -many); and the correspondence, which is the key to the treaty, and -shows the design of its framers, wholly directed to the extension of -slavery and the exasperation of the North. What else could be done -to get up Missouri controversies and make sure of the non-admission -of these States? Then the plot is consummated: and Texas without -the Union, sooner than the Union without Texas (already the -premonitory chorus of so many resolves), receives its practical -application in the secession of the South, and its adhesion to the -rejected Texas. Even without waiting for the non-admission of the -States, so carefully provided for in the treaty and correspondence, -secession and confederation with the foreign Texas is already the -scheme of the subaltern disunionists. The subalterns, charged too -high by their chiefs, are ready for this; but the more cunning -chiefs, want Texas in as a territory--in by treaty--the supreme -law of the land--with a void promise for admission as States. Then -non-admission can be called a breach of the treaty. Texas can be -assumed to be a part of the Union; and secession and conjunction -with her becomes the rightful remedy. This is the design, and I -denounce it; and blind is he who, occupying a position at this -capitol, does not behold it! - -I mention secession as the more cunning method of dissolving the -Union. It is disunion, and the more dangerous because less palpable. -Nullification begat it, and if allowed there is an end to the Union. -For a few States to secede, without other alliances, would only -put the rest to the trouble of bringing them back; but with Texas -and California to retire upon, the Union would have to go. _Many -persons would secede on the non-admission of Texian States who -abhor disunion now._ To avoid all these dangers, and to make sure -of Texas, pass my bill! which gives the promise of Congress for the -admission of the new States--neutralizes the slave question--avoids -Missouri controversies--pacifies Mexico--and harmonizes the Union. - -The senator from South Carolina complains that I have been arrogant -and overbearing in this debate, and dictatorial to those who were -opposed to me. So far as this reproach is founded, I have to regret -it, and to ask pardon of the Senate and of its members. I may be in -some fault. I have, indeed, been laboring under deep feeling; and -while much was kept down, something may have escaped. I marked the -commencement of this Texas movement long before it was visible to -the public eye; and always felt it to be dangerous, because it gave -to the plotters the honest sympathies of the millions. I saw men who -never cared a straw about Texas--one of whom gave it away--another -of whom voted against saving it--and all of whom were silent and -indifferent while the true friends of the sacrificed country were -laboring to get it back: I saw these men lay their plot in the -winter of 1842-'43, and told every person with whom I talked every -step they were to take in it. All that has taken place, I foretold: -all that is intended, I foresee. The intrigue for the presidency -was the first act in the drama; the dissolution of the Union the -second. And I, who hate intrigue, and love the Union, can only -speak of intriguers and disunionists with warmth and indignation. -The oldest advocate for the recovery of Texas, I must be allowed to -speak in just terms of the criminal politicians who prostituted the -question of its recovery to their own base purposes, and delayed its -success by degrading and disgracing it. A western man, and coming -from a State more than any other interested in the recovery of this -country so unaccountably thrown away by the treaty of 1819, I must -be allowed to feel indignant at seeing Atlantic politicians seizing -upon it, and making it a sectional question, for the purposes of -ambition and disunion. I have spoken warmly of these plotters and -intriguers; but I have not permitted their conduct to alter my own, -or to relax my zeal for the recovery of the sacrificed country. I -have helped to reject the disunion treaty; and that obstacle being -removed, I have brought in the bill which will insure the recovery -of Texas (with peace, and honor, and with the Union) as soon as -the exasperation has subsided which the outrageous conduct of this -administration has excited in every Mexican breast. No earthly -power but Mexico has a right to say a word. Civil treatment and -consultation beforehand would have conciliated her; but the seizure -of two thousand miles of her undisputed territory, an insulting -correspondence, breach of the armistice, secret negotiations with -Texas, and sending troops and ships to waylay and attack her, have -excited feelings of resentment which must be allayed before any -thing can be done. - -The senator from South Carolina compares the rejected treaty to -the slain Caesar, and gives it a ghost, which is to meet me at -some future day, as the spectre met Brutus at Philippi. I accept -the comparison, and thank the senator for it. It is both classic -and just; for as Caesar was slain for the good of his country, so -has been this treaty; and as the spectre appeared at Philippi on -the side of the ambitious Antony and the hypocrite Octavius, and -against the patriot Brutus, so would the ghost of this poor treaty, -when it comes to meet me, appear on the side of the President and -his secretary, and against the man who was struggling to save his -country from their lawless designs. But here the comparison must -stop; for I can promise the ghost and his backers that if the fight -goes against me at this new Philippi, with which I am threatened, -and the enemies of the American Union triumph over me as the enemies -of Roman liberty triumphed over Brutus and Cassius, I shall not fall -upon my sword, as Brutus did, though Cassius be killed, and run -it through my own body; but I shall save it, and save myself for -another day, and for another use--for the day when the battle of the -disunion of these States is to be fought--not with words, but with -iron--and for the hearts of the traitors who appear in arms against -their country. - -The comparison is just. Caesar was rightfully killed for conspiring -against his country; but it was not he that destroyed the liberties -of Rome. That work was done by the profligate politicians, without -him, and before his time; and his death did not restore the -republic. There were no more elections. Rotten politicians had -destroyed them; and the nephew of Caesar, as heir to his uncle, -succeeded to the empire on the principle of hereditary succession. - -And here, Mr. President, History appears in her grand and -instructive character, as Philosophy teaching by example: and let -us not be senseless to her warning voice. Superficial readers -believe it was the military men who destroyed the Roman republic. No -such thing! It was the politicians who did it! factious, corrupt, -intriguing, politicians! destroying public virtue in their mad -pursuit after office! destroying their rivals by crime! deceiving -and debauching the people for votes! and bringing elections into -contempt by the frauds and violence with which they were conducted. -From the time of the Gracchi there were no elections that could bear -the name. Confederate and rotten politicians bought and sold the -consulship. Intrigue, and the dagger, disposed of rivals. Fraud, -violence, bribes, terror, and the plunder of the public treasury, -commanded votes. The people had no choice: and long before the time -of Caesar nothing remained of republican government, but the name, -and the abuse. Read Plutarch. In the life of Caesar, and not three -pages before the crossing of the Rubicon, he paints the ruined -state of the elections--shows that all elective government was -gone--that the hereditary form had become a necessary relief from -the contests of the corrupt--and that in choosing between Pompey -and Caesar, many preferred Pompey, not because they thought him -republican, but because they thought he would make the milder king. -Even arms were but a small part of Caesar's reliance when he crossed -the Rubicon. Gold, still more than the sword, was his dependence: -and he sent forward the accumulated treasures of plundered Gaul, to -be poured into the laps of rotten politicians. There was no longer -a popular government; and in taking all power to himself, he only -took advantage of the state of things which profligate politicians -had produced. In this he was culpable, and paid the forfeit with his -life; but in contemplating his fate, let us never forget that the -politicians had undermined and destroyed the republic, before he -came to seize and to master it. - -It was the same in our day. We have seen the conqueror of Egypt -and Italy overturn the Directory, usurp all power, and receive the -sanction of the people. And why? Because the government was rotten, -and elections had become a farce. The elections of forty-eight -departments, at one time, in the year 1798, were annulled, to give -the Directory a majority in the legislative councils. All sorts of -fraud and violence were committed at the elections. The people had -no confidence in them, and submitted to Bonaparte. - -All elective governments have failed in this manner; and, in process -of time, must fail here, unless elections can be taken out of the -hands of the politicians, and restored to the full control of the -people. The plan which I have submitted this day, for dispensing -with intermediate bodies, and holding a second election for -President when the first fails, is designed to accomplish this great -purpose; and will do much good if adopted. Never have politicians, -in so young a country, shown such a thirst for office--such -disregard of the popular will, such readiness to deceive and betray -the people. The Texas treaty (for I must confine myself to the case -before us) is an intrigue for the presidency, and a contrivance -to get the Southern States out of the Union, instead of getting -Texian States into it; and is among the most unscrupulous intrigues -which any country every beheld. But we know how to discriminate. -We know how to separate the wrong from the right. Texas, which the -intriguers prostrated to their ambitious purposes (caring nothing -about it, as their past lives show), will be rescued from their -designs, and restored to this Union as naturally, and as easily, -as the ripened pear falls to the earth. Those who prepared the -result at the Baltimore convention, in which the will of the people -was overthrown, will be consigned to oblivion; while the nominees -of the convention will be accepted and sustained: and as for the -plotters of disunion and secession, they will be found out and will -receive their reward; and I, for one, shall be ready to meet them at -Philippi, sword in hand, whenever they bring their parricidal scheme -to the test of arms. - - - - -CHAPTER CXLI. - -TEXAS OR DISUNION: VIOLENT DEMONSTRATIONS IN THE SOUTH: SOUTHERN -CONVENTION PROPOSED. - - -The secret intrigue for the annexation of Texas was framed with -a double aspect--one looking to the presidential election, the -other to the separation of the Southern States; and as soon as -the rejection of the treaty was foreseen, and the nominating -convention had acted (Mr. Calhoun and Mr. Tyler standing no chance), -the disunion aspect manifested itself over many of the Southern -States--beginning of course with South Carolina. Before the end -of May a great meeting took place (with the muster of a regiment) -at Ashley, in the Barnwell district of that State, to combine -the slave States in a convention to unite the Southern States to -Texas, if Texas should not be received into the Union; and to -invite the President to convene Congress to arrange the terms of -the dissolution of the Union if the rejection of the annexation -should be persevered in. At this meeting all the speeches and -resolves turned upon the original idea in the Gilmer letter--that -of British alliance with Texas--the abolition of slavery in Texas -in consequence of that alliance, and a San Domingo insurrection of -slaves in the Southern States; and the conjunction of the South and -Texas in a new republic was presented as the only means of averting -these dire calamities. With this view, and as giving the initiative -to the movement, these resolutions were adopted: - - "_First_: To call upon our delegations in Congress, if in - session, or our senators, if they be at the seat of government, - to wait on the Texian Minister, and remonstrate with him against - any negotiation with other powers, until the Southern States - shall have had a reasonable time to decide upon their course. - - "_Second_: That object secured, a convention of the people of - each State should be promptly called, to deliberate and decide, - upon the action to be taken by the slave States on the question - of annexation; and to appoint delegates to _a convention of - the slave States_, with instructions to carry into effect the - behests of the people. - - "_Third_: That a convention of the slave States by delegations - from each, appointed as aforesaid, should be called, to meet at - some central position, to take into consideration the question - of annexing Texas to the Union, if _the Union will accept it_; - or, if the Union _will not accept it_, then of _annexing Texas - to the Southern States_! - - "_Fourth_: That the President of the United States be requested - by the general convention of the slave States, to call Congress - together immediately; when, _the final issue_ shall be made up, - and the alternative distinctly presented to the free States, - either to _admit Texas into the Union_, or to proceed _peaceably - and calmly_ to _arrange the terms of a dissolution of the - Union_!" - -About the same time another large meeting was held at Beaufort, in -the same State, in which it was - - "_Resolved_, That if the Senate of the United States--under the - drill of party leaders--should reject the treaty of annexation, - we appeal to the citizens of Texas, and urge them not to yield - to a just resentment, and turn their eyes to other alliances, - but to believe that they have the warm advocacy of a large - portion of the American public, who are resolved, that sooner - or later, the pledge in the treaty of 1803 shall be redeemed, - and Texas be incorporated into our Union. But if--on the other - hand--we are not permitted to bring Texas into our Union - peacefully and legitimately, as now we may, then we solemnly - announce to the world--that we will dissolve this Union, sooner - than abandon Texas. - - "_Resolved_, That the chair, at his leisure, appoint a committee - of vigilance and correspondence, to consist of twenty-one, to - aid in carrying forward the cause of Texas annexation." - -In the Williamsburg District in the same State another large meeting -resolved: - - "That in the opinion of this meeting, the honor and integrity - of our Union require the immediate annexation of Texas; and we - hold it to be better and more to the interest of the Southern - and Southwestern portions of this confederacy 'to be out of the - Union with Texas than in it without her.' - - "That we cordially approve of the recommendation of a - Southern convention composed of delegates from the Southern - and Southwestern portions of this confederacy, to deliberate - together, and adopt such measures as may best promote the great - object of annexation; provided such annexation is not previously - brought about by joint resolution of Congress, either at its - present or an extra session." - -Responsive resolutions were adopted in several States, and the 4th -day of July furnished an occasion for the display of sentiments -in the form of toasts, which showed both the depth of the feeling -on this subject, and its diffusion, more or less, through all the -Southern States. "Texas, or Disunion," was a common toast, and a -Southern convention generally called for. Richmond, Virginia, was -one of the places indicated for its meeting, by a meeting in the -State of Alabama. Mr. Ritchie, the editor of the Enquirer, repulsed -the idea, on the part of the Democracy, of holding the meeting -there, saying, "_There is not a democrat in Virginia who will -encourage any plot to dissolve the Union._" The Richmond Whig, on -the part of the whigs, equally repulsed it. Nashville, in the State -of Tennessee, was proposed in the resolves of many of the public -meetings, and the assembling of the convention at that place--the -home of General Jackson--was still more formally and energetically -repulsed. A meeting of the citizens of the town was called, which -protested against "_the desecration of the soil of Tennessee by -having any convention held there to hatch treason against the -Union_," and convoked a general meeting for the purpose of bringing -out a full expression of public opinion on the subject. The meeting -took place accordingly, and was most numerously and respectably -attended, and adopted resolutions worthy of the State, worthy of the -_home_ of General Jackson, honorable to every individual engaged -in it; and so ample as to stand for an authentic history of that -attempt to dissolve the Union. The following were the resolves, -presented by Dr. John Shelby: - - "Whereas, at several public meetings recently held in the - South, resolutions have been adopted urging with more or less - directness the assembling of a convention of States friendly to - the immediate annexation of Texas, at Nashville, some time in - August next; and whereas it is apparent from the resolutions - themselves and the speeches of some of its prime movers in - those meetings, and the comments of public journals friendly - to them, that the convention they propose to hold in this city - was contemplated _as a means towards an end_--that end being - to present deliberately and formally the issue, 'annexation of - Texas or dissolution of this Union.' - - "And whereas, further, it is manifested by all the indications - given from the most reliable sources of intelligence, that there - is a party of men in another quarter of this nation who--in - declaring that 'the only true issue before the South should - be Texas or disunion,' and in proposing the line of operation - indicated by the South Carolinian, their organ published at - Columbia, South Carolina, in the following words, - - "That the President of the United States be requested by the - general convention of the slave States to call Congress together - immediately, when the final issue shall be made up, and the - alternative distinctly presented to the free States, either - to admit Texas into the Union, or to proceed peaceably and - calmly to arrange the terms of a dissolution of the Union'--are - influenced by sentiments and opinions directly at issue with the - solemn obligation of the citizens of every State to our national - Union--sentiments and opinions which, if not repressed and - condemned, may lead to the destruction of our tranquillity and - happiness, and to the reign of anarchy and confusion. Therefore, - we, the citizens of Davidson County, in the State of Tennessee, - feel ourselves called upon by these demonstrations to express, - in a clear, decided, and unequivocal manner, our deliberate - sentiments in regard to them. And upon the momentous question - here involved, we are happy to believe there is no material - division of sentiment among the people of this State. - - "The citizens here assembled are _Tennesseans_; they are - Americans. They glory in being citizens of this great - confederate republic; and, whether friendly or opposed to - the immediate annexation of Texas, they join with decision, - firmness, and zeal in avowing their attachment to our glorious, - and, we trust, impregnable Union, and in condemning every - attempt to bring its preservation into issue, or its value into - calculation. - - "Under these impressions, and with these feelings, regarding - with deep and solemn interest the circumstances under which - this new issue may be ere long sprung upon us, and actuated by a - sense of the high responsibility to his country imposed on every - American citizen, in the language of the immortal Washington, - 'to frown upon the first dawnings of every attempt to alienate - any portion of our country from the rest, or to enfeeble the - sacred ties which now link together the various parts,' we - hereby adopt and make known, as expressing our deliberate - sentiments, the following resolutions: - - "_Resolved_, That while we never have interfered, and never will - interfere with the arrangements of any of the parties divided - on the general political questions of the day, and while we - absolutely repel the charge of designing any such interference - as totally unfounded and unjustifiable, yet when we see men - of any party and any quarter of this nation announcing as - their motto, 'Texas or Disunion,' and singling out the city of - Nashville as a place of general gathering, in order to give - formality and solemnity to the presentation of that issue, we - feel it to be not only our sacred right, but our solemn duty to - protest, as we now do protest, against the desecration of the - soil of Tennessee, by any act of men holding within its borders - a convention for any such object. - - "_Resolved_, That when our fellow-citizens of any State come - hither as Americans, loyal to our glorious Union, they will - be received and welcomed by us with all the kindness and - hospitality which should characterize the intercourse of a - band of brothers, whatever may be our differences on political - subjects; but when they avow their willingness to break up the - Union rather than fail to accomplish a favorite object, we feel - bound to tell them this is no fit place to concert their plans. - - "_Resolved_, That we entertain for the people of South Carolina, - and the other quarters in which this cry of 'Texas or Disunion' - has been raised, feelings of fraternal regard and affection; - that we sincerely lament the exhibition by any portion of - them of disloyalty to the Union, or a disposition to urge - its dissolution with a view to annexation with Texas, if not - otherwise obtained; and that we hope a returning sense of what - is due to themselves, to the other States of the Union, to the - American people, and to the cause of American liberty, will - prevent them from persevering in urging the issue they have - proposed." - -The energy with which this proposed convention was repulsed from -Nashville and Richmond, and the general revolt against it in most of -the States, brought the movement to a stand, paralyzed its leaders, -and suppressed the disunion scheme for the time being--only to lie -in wait for future occasions. But it was not before the people only -that this scheme for a Southern convention with a view to the -secession of the slave States, was matter of discussion: it was the -subject of debate in the Senate. Mr. McDuffie mentioned it, and in a -way to draw a reply from Mr. Benton--an extract from which has been -given in a previous chapter, and which, besides some information on -its immediate subject, and besides foreseeing the failure of _that_ -attempt to get up a disunion convention, also told that the design -of the secessionists was to extend the new Southern republic to the -Californias: and this was told two years before the declaration of -the war by which California was acquired. - - - - -CHAPTER CXLII. - -REJECTION OF THE ANNEXATION TREATY: PROPOSAL OF MR. BENTON'S PLAN. - - -The treaty was supported by all the power of the administration; -but in vain. It was doomed to defeat, ignominious and entire, and -was rejected by a vote of two to one against it, when it would have -required a vote of two to one to have ratified it. The yeas were: - - Messrs. Atchison, Bagby, Breese, Buchanan, Colquitt, Fulton, - Haywood, Henderson, Huger, Lewis, McDuffie, Semple, Sevier, - Sturgeon, Walker, Woodbury.--16. - -The nays were: - - Messrs. Allen, Archer, Atherton, Barrow, Bates, Bayard, Benton, - Berrien, Choate, Clayton, Crittenden, Dayton, Evans, Fairfield, - Foster, Francis, Huntington, Jarnagin, Johnson, Mangum, Merrick, - Miller, Morehead, Niles, Pearce, Phelps, Porter, Rives, Simmons, - Tallmadge, Tappan, Upham, White, Woodbridge, Wright.--35. - -This vote was infinitely honorable to the Senate, and a severe -rebuke upon those who had the hardihood to plot the annexation of -Texas as an intrigue for the presidency, and to be consummated at -the expense of war with Mexico, insults to Great Britain, breach -of our own constitution, and the disgrace and shame of committing -an outrage upon a feeble neighboring power. But the annexation was -desirable in itself, and had been the unceasing effort of statesmen -from the time the province had been retroceded to Spain. The -treaty was a wrong and criminal way of doing a right thing. That -obstacle removed, and the public mind roused and attracted to the -subject, disinterested men who had no object but the public good, -took charge of the subject, and initiated measures to effect the -annexation in an honorable and constitutional manner. With this view -Mr. Benton brought into the Senate a bill authorizing and advising -the President to open negotiations with Mexico and Texas for the -adjustment of boundaries between them, and the annexation of the -latter to the United States. In support of his bill, he said: - - "The return of Texas to our Union, and all the dismembered - territory of 1819 along with it, is as certain as that the Red - River and the Arkansas rise within our natural limits, and - flow into the Mississippi. I wish to get it back, and to get - it with peace and honor--at all events without unjust war, - unconstitutionally made, on weak and groundless pretexts. I wish - it to come back without sacrificing our trade even with Mexico, - so valuable to us on account of the large returns of specie - which it gave us, especially before the commencement of the - Texian revolution, the events of which have alienated Mexican - feeling from us, and reduced our specie imports from eleven - millions of dollars per annum to one million and a half. I wish - it to come back in a way to give as little dissatisfaction to - any part of the Union as possible; and I believe it is very - practicable to get it back without a shock to any part. The - difficulty now is in the aspect which has been put upon it as - a sectional, political, and slave question; as a movement of - the South against the North, and of the slaveholding States for - political supremacy. This is as unfounded in the true nature - of the question, as it is unwise and unfortunate in the design - which prompted it. The question is more Western than Southern, - and as much free as slave. The territory to be recovered extends - to the latitude of 38 deg. in its north-east corner, and to latitude - 42 deg. in its north-west corner. One-half of it will lie in the - region not adapted to slave labor; and, of course when regained, - will be formed into non-slaveholding States. So far as slavery - is concerned, then, the question is neutralized: it is as much - free as slave; and it is greatly to be regretted--_regretted - by all the friends of the Union_--that a different aspect has - been given to it. I am southern by my birth--southern in my - affections, interests, and connections--and shall abide the - fate of the South in every thing in which she has right upon - her side. I am a slaveholder, and shall take the fate of other - slaveholders in every aggression upon that species of property, - and in every attempt to excite a San Domingo insurrection among - us. I have my eyes wide open to that danger, and fixed on the - laboratories of insurrection, both in Europe and America; but - I must see a real case of danger before I take the alarm. I am - against the cry of wolf, when there is no wolf. I will resist - the intrusive efforts of those whom it does not concern, to - abolish slavery among us; but I shall not engage in schemes for - its extension into regions where it was never known--into the - valley of the Rio del Norte, for example, and along a river of - two thousand miles in extent, where a slave's face was never - seen." - -The whole body of the people, South and West, a majority of those in -the Middle States, and respectable portions of the Northern States, -were in favor of getting back Texas; and upon this large mass the -intriguers operated, having their feelings in their favor, and -exciting them by fears of abolition designs from Great Britain, and -the fear of losing Texas for ever, if not then obtained. Mr. Benton -deemed it just to discriminate this honest mass from the intriguers -who worked only in their own interest, and at any cost of war and -dishonor, and even disunion to our own country. Thus: - - "A large movement is now going on for the annexation of Texas; - and I, who have viewed this movement from the beginning, believe - that I have analyzed it with a just and discriminating eye. - The great mass of it is disinterested, patriotic, reasonable, - and moderate, and wishes to get back our lost territory, as - soon as it can be done with peace and honor. This large mass - is passive, and had just as lief have Texas next year as this - year. A small part of this movement is interested, and is the - active part, and is unreasonable, and violent, and must have - Texas during the present presidential election, or never. For - the former part--the great mass--I feel great respect, and wish - to give them reasons for my conduct: to the latter part it would - be lost labor in me to offer reasons. Political and interested - parties have no ears; they listen only to themselves, and run - their course upon their own calculations. All that I shall say - is, that the present movement, prostituted as it evidently is, - to selfish and sectional purposes, is injurious to the cause of - annexation, and must end in delaying its consummation. But it - will be delay only. Annexation is the natural and inevitable - order of events, and will come! and when it comes, be it sooner - or later, it will be for the national reasons stated in Mr. - Van Buren's instructions of 1829, and in the rational manner - indicated in his letter of 1844. It will come, because the - country to be received is geographically appurtenant to our - country, and politically, commercially, and socially connected - with our people, and with our institutions: and it will come, - not in the shape of a secret treaty between two Presidents, but - as a _legislative_ as well as an _executive_ measure--as the - act of two nations (the United States and Texas) and with the - consent of Mexico, if she is wise, or without her consent, upon - the lapse of her rights." - -The wantonness of getting up a quarrel with Great Britain on this -subject, was thus exposed: - - "Our administration, and especially the negotiator of this - treaty, has been endeavoring to pick a quarrel with England, and - upon the slave question. Senators have observed this, and have - remarked upon the improvidence of seeking a quarrel with a great - power on a weak point, and in which we should be in the wrong, - and have the sympathies of the world against us, and see divided - opinions at home; and doing this when we have several great - questions of real difficulty with that power, in any war growing - out of which we should have right on our side, good wishes from - other nations, and unity among ourselves. Senators have remarked - this, and set it down to the account of a great improvidence. - I look upon it, for my part, as a designed conclusion, and - as calculated to promote an ulterior scheme. The disunion of - these States is still desired by many, and the slave question - is viewed as the instrument to effect it; and in that point of - view, the multiplication of quarrels about slavery, both at home - and abroad, becomes a natural part of the disunion policy. Hence - the attempt to pick a quarrel with Great Britain for imputed - anti-slavery designs in Texas, and among ourselves, and all the - miserable correspondence to which that imputation has given - birth; and that by persons who, two years ago, were emulating - Great Britain in denunciation of the slave trade, and forming a - naval and diplomatic alliance with her for closing the markets - of the world against the introduction of slaves. Since then the - disunion scheme is revived; and this accounts for the change of - policy, and for the search after a quarrel upon a weak point, - which many thought so improvident." - -The closing sentences of this paragraph refer to the article in the -Ashburton treaty which stipulated for a joint British and American -squadron to guard the coast of Africa from slave-trading vessels: a -stipulation which Mr. Calhoun and his friends supported, and which -showed him at that time to be against the propagation of slavery, -either in the United States or elsewhere. He had then rejoined the -democratic party, and expected to be taken up as the successor to -Mr. Van Buren; and, in that prospect of becoming President of the -whole Union, had suspended his design for a separation, and for a -new republic South, and was conciliating instead of irritating the -free States; and in which scheme of conciliation he went so far as -to give up all claim for reclamation for slaves liberated by the -British authorities in their passage from one port of the United -States to another, and even relinquished all opposition to the -practice. The danger of an alliance offensive and defensive between -Great Britain and Texas was still insisted upon by the President, -and an attempt made upon the public sensibilities to alarm the -country into immediate annexation as the means of avoiding that -danger. The folly of such an apprehension was shown by the interest -which Great Britain had in the commerce and friendship of Mexico, -compared to which that of Texas was nothing: - - "The President expresses his continued belief in a declaration - previously made to the Senate, that an alliance, offensive and - defensive, is to be formed between Texas and Great Britain, - if the treaty is rejected. Well, the treaty is rejected! and - the formidable alliance is not heard of, and never will be. - It happens to take two to make a bargain; and the President - would seem to have left out both parties when he expressed his - belief, amounting almost to certainty, 'that instructions have - already been given by the Texian government to propose to the - government of Great Britain forthwith, on the failure (of the - treaty) to enter into a treaty of commerce, and an alliance - offensive and defensive. Alliance offensive and defensive, - between Great Britain and Texas! a true exemplification of that - famous alliance between the giant and the dwarf, of which we all - read at the age of seven years. But let us see. First, Texas is - to apply for this honor: and I, who know the people of Texas, - and know them to be American and republican, instead of British - and monarchical, know full well that they will apply for no such - dependent alliance; and, if they did, would show themselves - but little friendly to our country or its institutions. Next, - Great Britain is to enter into this alliance; and how stands - the account of profit and loss with her in such a contract for - common cause against the friends and foes of each other? An - alliance offensive and defensive, is a bargain to fight each - other's enemies--each in proportion to its strength. In such a - contract with Texas, Great Britain might receive a contingent - of one Texian soldier for her Afghanistan and Asiatic wars: on - the other hand she would lose the friendship of Mexico, and the - twenty millions of silver dollars which the government or the - merchants of Great Britain now annually draw from Mexico. Such - would be the effect of the alliance offensive and defensive - which our President so fully believes in--amounting, as he says - his belief does, to an almost entire certainty. Incredible - and absurd! The Mexican annual supply of silver dollars is - worth more to Great Britain than all the Texases in the world. - Besides the mercantile supply, the government itself is deeply - interested in this trade of silver dollars. Instead of drawing - gold from London to pay her vast establishments by sea and land - throughout the NEW WORLD, and in some parts of the Old--instead - of thus depleting herself of her bullion at home, she finds the - silver for these payments in the Mexican mines. A commissary - of purchases at $6,000 per annum, and a deputy at $4,000, are - incessantly employed in these purchases and shipments of silver; - and if interrupted, the Bank of England would pay the forfeit. - Does any one suppose that Great Britain, for the sake of the - Texian alliance, and the profit upon her small trade, would make - an enemy of Mexico? would give up twenty millions annually of - silver, deprive herself of her fountain of supply, and subject - her bank to the drains which the foreign service of her armies - and navies would require? The supposition is incredible: and I - say no more to this scare-crow alliance, in which the President - so fully believes." - -The magnitude and importance of our young and growing trade with -Mexico--the certainty that her carrying trade would fall into our -hands, as her want of ports and ship timber would for ever prevent -her from having any marine--were presented as a reason why we should -cultivate peace with her. - - "The legal state between the United States and Mexico is - that of war; and the legal consequence is the abrogation of - all treaties between the two powers, and the cessation of - all commercial intercourse. This is a trifle in the eyes of - the President; not sufficient to impede for an instant his - intrigue for the presidency, and the ulterior scheme for the - dissolution of the Union. But how is it in the eyes of the - country? Is it a trifle in the eyes of those whose eyes are - large enough to behold the extent of the Mexican commerce, and - whose hearts are patriotic enough to lament its loss? Look at - that commerce! The richest stream which the world beholds: - for, of exports, silver is its staple article; of imports, it - takes something of every thing, changed, to be sure, into the - form of fine goods and groceries: of navigation, it requires a - constant foreign supply; for Mexico neither has, nor can have, - a marine, either commercial or military. The want of ports - and timber deny her a marine now and for ever. This country, - exporting what we want--(hard money)--taking something of all - our exports--using our own ships to fetch and carry--lying at - our door--with many inland streams of trade besides the great - maritime stream of commerce--pouring the perennial product of - her innumerable mines into our paper-money country, and helping - us to be able to bear its depredations: this country, whose - trade was so important to us under every aspect, is treated - as a nullity by the American President, or rather, is treated - with systematic outrage; and even the treaty which secures us - her trade is disparagingly acknowledged with the contemptuous - prefix of mere!--a mere commercial treaty. So styles it the - appeal message. Now let us look to this commerce with our - nearest neighbor, depreciated and repudiated by our President: - let us see its origin, progress, and present state. Before the - independence of Mexico, that empire of mines had no foreign - trade: the mother country monopolized the whole. It was the - Spanish Hesperides, guarded with more than the fabulous dragon's - care. Mexican Independence was declared at Iguala, in the year - 1821. In that year its trade with the United States began, - humbly to be sure, but with a rapid and an immense development. - In 1821, our exports to Mexico were about $100,000; our imports - about the double of that small sum. In the year 1835, the - year before the Texian revolution, our exports to the same - country (and that independent of Honduras, Campeachy, and the - Mosquito shore) amounted to $1,500,639; and that of direct - trade, without counting exportations from other countries. Our - imports were, for the same year, in merchandise, $5,614,819; of - which the whole, except about $200,000 worth, was carried in - American vessels. Our specie imports, for the same year, were - $8,343,181. This was the state of our Mexican trade (and that - without counting the inland branches of it), the year of the - commencement of the Texian revolution--an event which I then - viewed, as my speeches prove, under many aspects! And, with - every sympathy alive in favor of the Texians, and with the full - view of their return to our Union after a successful revolt, I - still wished to conciliate this natural event with the great - object of preserving our peaceful relations, and with them our - commercial, political, social, and moral position in regard to - Mexico, the second power of the New World after ourselves, and - the first of the Spanish branch of the great American family." - -Political and social considerations, and a regard for the character -of republican government, were also urged as solid reasons for -effecting the annexation of Texas without an outbreak or collision -with Mexico: - - "Mr. President, I have presented you considerations, founded - in the relations of commerce and good neighborhood, for - preserving not merely peace, but good-will with Mexico. We - are the first--she the second power of the New World. We - stand at the head of the Anglo-Saxon--she at the head of the - South-European race--but we all come from the same branch of the - human family--the white branch--which, taking its rise in the - Caucasian Mountains, and circling Europe by the north and by - the south, sent their vanguards to people the two Americas--to - redeem them from the savage and the heathen, and to bring them - within the pale of the European systems. The independence of - these vanguards from their metropolitan ancestors, was in - the natural order of human events; and the precedence of the - Anglo-Saxon branch in this assertion of a natural right, was - the privilege and prerogative of their descent and education. - The descendants of the English became independent first; - those of the Spaniards followed; and, from the first dawn of - their national existences, were greeted with applause, and - saluted with the affection of brothers. They, on their part, - showed a deference and an affection for us fraternal and - affecting. Though speaking a different language, professing - a different religion, bred in a different system of laws and - of government, and guarded from all communication with us for - centuries, yet they instantly took us for their model, framed - their constitutions upon ours, and spread the great elements - of old English liberty--elections, legislatures, juries, - habeas corpus, face-to-face trials, no arrests but on special - warrants!--spread all these essentials of liberty from the - ancient capital of Montezuma to the end of the South American - continent. This was honorable to us, and we felt it; it was - beneficial to them, and we wished to cement the friendship they - had proffered, and to perpetuate among them the institutions - they had adopted. Conciliation, arising from justice and - fairness, was our only instrument of persuasion; and it was used - by all, and with perfect effect. Every administration--all the - people--followed the same course; and, until this day--until - the present administration--there has not been one to insult or - to injure a new State of the South. Now it is done. Systematic - insult has been practised; spoliation of two thousand miles - of incontestable territory, over and above Texas, has been - attempted; outrage to the perpetration of clandestine war, - and lying in wait to attack the innocent by land and water, - has been committed: and on whom? The second power of the New - World after ourselves--the head of the Spanish branch--and the - people in whose treatment at our hands the rest may read their - own. Descended from the proud and brave Castilian--as proud - and as brave now as in the time of Charles the Fifth, when - Spain gave law to nations, and threatened Europe with universal - domination--these young nations are not to be outraged with - impunity. Broken and dispersed, the Spanish family has lost - much of its power, but nothing of its pride, its courage, its - chivalry, and its sensitiveness to insult. - - "The head of the powers of the New World--deferred to as a - model by all--the position of the United States was grand, - and its vocation noble. It was called to the high task of - uniting the American nations in the bonds of brotherhood, and - in the social and political systems which cherish and sustain - liberty. They are all republics, and she the elder sister; - and it was her business to preserve harmony, friendship, and - concord in a family of republics, occupying the whole extent - of the New World. Every interest connected with the welfare - of the human race required this duty at our hands. Liberty, - religion, commerce, science, the liberal and the useful arts, - all required it; and, until now, we had acted up to the grandeur - of our position, and the nobleness of our vocation. A sad - descent is now made; but the decision of the Senate arrests the - plunge, and gives time to the nation to recover its place, and - its character, and again to appear as the elder sister, the - friendly head, and the model power of the cordon of republics - which stretch from the north to the south, throughout the two - Americas. The day will come when the rejection of this treaty - will stand, uncontestedly, amongst the wisest and most patriotic - acts of the American Senate. - - "The bill which I have offered, Mr. President, is the true - way to obtain Texas. It conciliates every interest at home - and abroad, and makes sure of the accomplishment of its - object. Offence to Mexico, and consequent loss of her trade - and friendship, is provided against. If deaf to reason, the - annexation would eventually come without her consent, but not - without having conciliated her feelings by showing her a proper - respect. The treaty only provided difficulties--difficulties - at home and abroad--war and loss of trade with Mexico--slavery - controversies, and dissolution of the Union at home. When the - time came for admitting new States under the treaty, had it been - ratified, then came the tug of war. The correspondence presented - it wholly as a slave question. As such it would be canvassed - at the elections; and here numerical strength was against us. - If the new States were not admitted with slaves, they would - not come in at all. Then Southern States might say they would - stand out with them: and then came the crisis! So obviously - did the treaty mode of acquisition, and the correspondence, - lead to this result, that it may be assumed to have been their - object; and thus a near period arranged for the dissolution of - our Union. Happily, these dire consequences are averted, for - the present; and the bill I have brought in provides the way of - obviating them for ever, and, at the same time, making sure of - the annexation." - -This bill, by referring the question of annexation to the -legislative and executive authorities combined, gave the right turn -to the public mind, and led to the measure which was adopted by -Congress at the ensuing session, and marred by Mr. Tyler's assuming -to execute it in the expiring moments of his administration, when, -forestalling his successor, he rejected the clause for peaceful -negotiations, and rushed forward the part of the act which, taken -alone, involved war with Mexico. - -During the whole continuance of these debates in the Senate, the -lobbies of the chamber were crowded with speculators in Texas scrip -and lands, and with holders of Mexican claims, all working for the -ratification of the treaty, which would bring with it an increase -of value to their property, and war with Mexico, to be followed -by a treaty providing for their demands. They also infested the -Department of State, the presidential mansion, all the public -places, and kept the newspapers in their interest filled with -abuse and false accusations against the senators who stood between -themselves and their prey. They were countenanced by the politicians -whose objects were purely political in getting Texas, as well as -by those who were in sympathy or complicity with their schemes. -Persons employed by the government were known to be in the ranks of -these speculators; and, to uncover them to the public, Mr. Benton -submitted this resolution: - - "_Resolved_, That the Committee on Foreign Affairs be instructed - to inquire whether any provisions are necessary in providing - for the annexation of Texas, to protect the United States from - speculating operations in Texas lands or scrip, and whether - any persons employed by the government are connected with such - speculations." - -The resolve was not adopted, as it was well foreseen would be the -case, there being always in every public body, a large infusion of -gentle tempered men, averse to any strong measure, and who usually -cast the balance between contending parties. The motion, however, -had the effect of fixing public attention the more earnestly upon -these operators; and its fate did not prevent the mover from -offering other resolves of a kindred character. It had been well -known that Mr. Calhoun's letter of slave statistics to Mr. Pakenham, -as a cause for making the treaty of annexation, had been written -after the treaty had been concluded and signed by the negotiators; -and this fact was clearly deducible from the whole proceeding, as -well as otherwise known to some. There was enough to satisfy close -observers; but the mass want the proof, or an offer to prove; and -for their benefit, Mr. Benton moved: - - "Also, that said committee be instructed to inquire whether the - Texas treaty was commenced or agreed upon before the receipt of - Lord Aberdeen's despatch of December 26, 1843, to Mr. Pakenham, - communicated to our government in February, 1844." - -This motion shared the fate of the former; but did not prevent a -similar movement on another point. It will be remembered that this -sudden commencement in the summer of 1843, was motived exclusively -upon the communication of a British abolition plot in Texas, -contained in a private letter from a citizen of Maryland in London, -an "_extract_" from which had been sent to the Senate to justify the -"_self-defence_" measures in the immediate annexation of Texas. The -writer of that letter had been ascertained, and it lent no credit to -the information conveyed. It had also been ascertained that he had -been paid, and largely, out of the public Treasury, for that voyage -to London--which authorized the belief that he had been sent for -what had been found. An extract of the letter only had been sent to -the Senate: a view of the whole was desired by the Senate in such -an important case--and was asked for--but not obtained. Mr. Upshur -was dead, and the President, in his answer, had supposed it had been -taken away among his private papers--a very violent supposition -after the letter had been made the foundation for a most important -public proceeding. Even if so carried, it should have been pursued, -and reclaimed, and made an archive in the Department: and this, not -having been done by the President, was proposed to be done by the -Senate; and this motion submitted: - - "Also, that it be instructed to obtain, if possible, the - '_private letter_' from London, quoted in Mr. Upshur's first - despatch on the Texas negotiation, and supposed by the President - to have been carried away among his private papers; and to - ascertain the name of the writer of said letter." - -To facilitate all these inquiries an additional resolve proposed -to clothe the committee with authority to send for persons and -papers--to take testimony under oath--and to extend their inquiries -into all subjects which should connect themselves with selfish, -or criminal motives for the acquisition of Texas. And all these -inquiries, though repulsed in the Senate, had their effect upon the -public mind, already well imbued with suspicions and beliefs of -sinister proceedings, marked with an exaggerated demonstration of -zeal for the public good. - - - - -CHAPTER CXLIII. - -OREGON TERRITORY: CONVENTIONS OF 1818 AND 1828: JOINT OCCUPATION: -ATTEMPTED NOTICE TO TERMINATE IT. - - -These conventions provided for the joint occupation of the countries -respectively claimed by Great Britain and the United States on -the north-west coast of America--that of 1818 limiting the joint -occupancy to ten years--that of 1828 extending it indefinitely -until either of the two powers should give notice to the other of -a desire to terminate it. Such agreements are often made when it -is found difficult to agree upon the duration of any particular -privilege, or duty. They are seductive to the negotiators because -they postpone an inconvenient question: they are consolatory to -each party, because each says to itself it can get rid of the -obligation when it pleases--a consolation always delusive to one of -the parties: for the one that has the advantage always resists the -notice, and long baffles it, and often through menaces to consider -it as an unfriendly proceeding. On the other hand, the party to -whom it is disadvantageous often sees danger in change; and if the -notice is to be given in a legislative body, there will always be a -large per centum of easy temperaments who are desirous of avoiding -questions, putting off difficulties, and suffering the evils they -have in preference of flying to those they know not: and in this -way these temporary agreements, to be terminated on the notice of -either party, generally continue longer than either party dreamed of -when they were made. So it was with this Oregon joint occupancy. -The first was for ten years: not being able to agree upon ten years -more, the usual delusive resource was fallen upon: and, under the -second joint occupation had already continued in operation fourteen -years. Western members of Congress now took up the subject, and -moved the Senate to advise the government to give the notice. Mr. -Semple, senator from Illinois, proposed the motion: it was debated -many days--resisted by many speakers: and finally defeated. It was -first resisted as discourteous to Great Britain--then as offensive -to her--then as cause of war on her side--finally, as actual war -on our side--and even as a conspiracy to make war. This latter -accusation was so seriously urged as to call out a serious answer -from one of the senators friendly to the notice, not so much in -exculpation of himself, as that of a friend at whom the imputation -was levelled. In this sense, Mr. Breese, of Illinois, stood up, and -said: - - "His friend on the left (Mr. Benton) was accused of being at the - head of a conspiracy, having no other object than the involving - us in a war with Great Britain; and it was said with equal - truth that his lever for moving the different elements was the - northern boundary question. What foundation was there for so - grave an accusation? None other than that he had fearlessly, - from the beginning, resisted every encroachment, come from what - quarter it might. He had stemmed the tide of British influence, - if any such there was--he had rendered great and imperishable - services to the West, and the West was grateful to him--he had - watched her interests from the cradle; and now, when arrived - at maturity, and able to take care of herself, he boldly stood - forth her advocate. If devotion to his country, then, made him a - conspirator, he was indeed guilty." - -Upon all this talk of war the commercial interest became seriously -alarmed, and looked upon the delivery of the notice as the signal -for a disastrous depression in our foreign trade. In a word, the -general uneasiness became so great that there was no chance for -doing what we had a right to do, what the safety of our territory -required us to do, and without the right to do which the convention -of 1828 could not have been concluded. The motion for the notice was -defeated by a vote of 28 against 18. The yeas were: - - "YEAS--Messrs. Allen, Atchison, Atherton, Bagby, Benton, - Breese, Buchanan, Colquitt, Fairfield, Fulton, Hannegan, King, - Semple, Sevier, Sturgeon, Walker, Woodbury, and Wright--18." - - "NAYS--Messrs. Archer, Barrow, Bates, Bayard, Berrien, Choate, - Clayton, Crittenden, Dayton, Evans, Foster, Haywood, Huger, - Huntington, Jarnagin, Johnson, McDuffie, Mangum, Merrick, - Miller, Morehead, Phelps, Rives, Simmons, Tallmadge, Upham, - White, and Woodbridge--28." - - - - -CHAPTER CXLIV. - -PRESIDENTIAL ELECTION. - - -Mr. James Knox Polk, and Mr. George Mifflin Dallas, had been -nominated, as shown, for President and Vice-President by the -democratic convention: Mr. Calhoun had declined to suffer his -name to go before that election for reasons which he published, -and an attempt to get up a separate convention for him, entirely -failed: Mr. Tyler, who had a separate convention, and received its -unanimous nomination, and thankfully accepted it, soon withdrew, -and without having had a vice-presidential candidate on his ticket. -On the whig side, Mr. Clay and Mr. Theodore Frelinghuysen were the -candidates, and the canvass was conducted without those appeals to -"hard cider, log-cabins, and coon-skins" which had been so freely -used by the whig party during the last canvass, and which were so -little complimentary to the popular intelligence. The democratic -candidates were elected--and by a large electoral vote--170 to -105. The States which voted the democratic ticket, were: Maine, -New Hampshire, New York, Pennsylvania, Virginia, South Carolina, -Georgia, Louisiana, Mississippi, Indiana, Illinois, Alabama, -Missouri, Arkansas, Michigan. Those which voted the opposite ticket, -were: Massachusetts, Rhode Island, Connecticut, Vermont, New Jersey, -Delaware, Maryland, North Carolina, Kentucky, Tennessee, Ohio. The -popular vote was, for the democratic candidate, 1,536,196: for -the opposite ticket, 1,297,912. This was a large increase upon -the popular vote of 1840--large as that vote was, and Mr. Clay, -though defeated, receiving 22,000 votes more than General Harrison -did--affording good evidence that he would have been elected if -he had been the candidate at that time. The issue in the election -was mainly the party one of whig and democrat, modified by the -tariff and Texas questions--Mr. Clay being considered the best -representative of the former interest, Mr. Polk of the latter. - -The difference in the electoral vote was large--65: in the popular -vote, not so considerable: and in some of the States (and in enough -of them to have reversed the issue), the difference in favor of -Mr. Polk quite small, and dependent upon causes independent of -himself and his cause. Of these it is sufficient to mention New -York. There the popular vote was about five hundred thousand: the -difference in favor of Mr. Polk, about five thousand: and that -difference was solely owing to the association of Mr. Silas Wright, -with the canvass. Refusing the nomination for the vice-presidency, -and seeing a person nominated for the presidency by a long intrigue -at the expense of his friend, Mr. Van Buren, he suffered himself -to be persuaded to quit the Senate, which he liked, to become the -democratic candidate for governor of New York--a place to which he -was absolutely averse. The two canvasses went on together, and were -in fact one; and the name and popularity of Mr. Wright brought to -the presidential ticket more than enough votes to make the majority -that gave the electoral vote of the State to Mr. Polk, but without -being able to bring it up to his own vote for governor; which was -still five thousand more. It was a great sacrifice of feeling and -of wishes on his part to quit the Senate to stand this election--a -sacrifice purely for the good of the cause, and which became a -sacrifice, in a more material sense for himself and his friends. The -electoral vote of New York was 36, which, going all together, and -being taken from one side and added to the other, would have made a -difference of 72--being seven more than enough to have elected Mr. -Clay. Mr. Polk was also aided by the withdrawal of Mr. Tyler, and -by receiving the South Carolina vote; both of which contingencies -depended upon causes independent of his cause, and of his own -merits: but of this in another place. I write to show how things -were done, more than what was done; and to save, if possible, the -working of the government in the hands of the people whose interests -and safety depend upon its purity, not upon its corruptions. - - - - -CHAPTER CXLV. - -AMENDMENT OF THE CONSTITUTION: ELECTION OF PRESIDENT AND -VICE-PRESIDENT: MR. BENTON'S PLAN. - - -Mr. Benton asked the leave for which he had given notice on -Wednesday, to bring in a joint resolution for the amendment of -the Constitution of the United States in relation to the election -of President and Vice-President, and prefaced his motion with an -exposition of the principle and details of the amendment which he -proposed to offer. This exposition, referring to a speech which -he had made in the year 1824, and reproducing it for the present -occasion, can only be analyzed in this brief notice. - -Mr. B. said he found himself in a position to commence most of -his speeches with "_twenty years ago!_"--a commencement rather -equivocal, and liable to different interpretations in the minds -of different persons; for, while he might suppose himself to be -displaying sagacity and foresight, in finding a medicine for the -cure of the present disorders of the state in the remedies of -prevention which he had proposed long since, yet others might -understand him in a different character, and consider him as -belonging to the category of those who, in that long time, had -learned nothing, and had forgot nothing. So it might be now; for he -was endeavoring to revive a proposition which he had made exactly -twenty years before, and for the revival of which he deemed the -present time eminently propitious. The body politic was now sick; -and the patient, in his agony, might take the medicine as a cure, -which he refused, when well, to take as a prevention. - -Mr. B. then proceeded to state the object and principle of his -amendment, which was, to dispense with all intermediate bodies -in the election of President and Vice-President, and to keep the -election wholly in the hands of the people; and to do this by giving -them a direct vote for the man of their choice, and holding a second -election between the two highest, in the event of a failure in the -first election to give a majority to any one. This was to do away -with the machinery of all intermediate bodies to guide, control, -or defeat the popular choice; whether a Congress caucus, or a -national convention, to dictate the selection of candidates; or a -body of electors to receive and deliver their votes; or a House of -Representatives to sanction or frustrate their choice. - -Mr. B. spoke warmly and decidedly in favor of the principle of his -proposition, assuming it as a fundamental truth to which there was -no exception, _that liberty would be ruined by providing any kind -of substitute for popular election!_ asserting that all elections -would degenerate into fraud and violence, if any intermediate body -was established between the voters and the object of their choice, -and placed in a condition to be able to control, betray, or defeat -that choice. This fundamental truth he supported upon arguments, -drawn from the philosophy of government, and the nature of man, -and illustrated by examples taken from the history of all elective -governments which had ever existed. He showed that it was the law -of the few to disregard the will of the many, when they got power -into their hands; and that liberty had been destroyed wherever -intermediate bodies obtained the direction of the popular will. He -quoted a vast number of governments, both ancient and modern, as -illustrations of this truth; and referred to the period of direct -voting in Greece and in Rome, as the grand and glorious periods of -popular government, when the unfettered will of the people annually -brought forward the men of their own choice to administer their own -affairs, and when those people went on advancing from year to year, -and produced every thing great in arts and in arms--in public and in -private life--which then exalted them to the skies, and still makes -them fixed stars in the firmament of nations. He believed in the -capacity of the people for self-government, but they must have fair -play--fair play at the elections, on which all depended; and for -that purpose should be free from the control of any intermediate, -irresponsible body of men. - -At present (he said), the will of the people was liable to be -frustrated in the election of their chief officers (and that -at no less than three different stages of the canvass), by the -intervention of small bodies of men between themselves and the -object of their choice. First, at the beginning of the process, -in the nomination or selection of candidates. A Congress caucus -formerly, and a national convention now govern and control that -nomination; and never fail, when they choose, to find pretexts for -substituting their own will for that of the people. Then a body -of electors, to receive and hold the electoral votes, and who, it -cannot be doubted, will soon be expert enough to find reasons for -a similar substitution. Then the House of Representatives may come -in at the conclusion, to do as they have done heretofore, and set -the will of the people at absolute defiance. The remedy for all -this is the direct vote, and a second election between the two -highest, if the first one failed. This would operate fairly and -rightfully. No matter how many candidates then appeared in the -field. If any one obtained a majority of the whole number of votes, -the popular principle was satisfied; the majority had prevailed, -and acquiescence was the part of the minority. If no one obtained -the majority, then the first election answered the purpose of a -nomination--a real nomination by the people; and a second election -between the two highest would give effect to the real will of the -people. - -Mr. B. then exposed the details of his proposed amendment, as -contained in the joint resolution which he intended to offer. The -plan of election contained in that resolution, was the work of -eminent men--of Mr. Macon, Mr. Van Buren, Mr. Hugh L. White, Mr. -Findlay, of Pennsylvania, Mr. Dickerson, of New Jersey, Mr. Holmes, -Mr. Hayne, and Mr. R. M. Johnson, and was received with great -favor by the Senate and the country at the time it was reported. -Subsequent experience should make it still more acceptable, and -entitle its details to a careful and indulgent consideration from -the people, whose rights and welfare it is intended to preserve and -promote. - -The detail of the plan is to divide the States into districts; -the people to vote direct in each district for the candidate they -prefer; the candidate having the highest vote for President to -receive the vote of the district for such office, and to count -one. If any candidate receives the majority of the whole number -of districts, such person to be elected; if no one receives such -majority, the election to be held over again between the two -highest. To afford time for these double elections, when they -become necessary, the first one is proposed to be held in the month -of August--at a time to which many of the State elections now -conform, and to which all may be made to conform--and to be held -on the same days throughout the Union. To receive the returns of -such elections, the Congress is required to be in session, on the -years of such elections, in the month of October; and if a second -election becomes necessary, it will be held in December. Two days -are proposed for the first election, because most of the State -elections continue two days: one day alone is allowed for the second -election, it being a brief issue between two candidates. To provide -for the possibility of remote and most improbable contingencies, -that of an equality of votes between the two candidates--a thing -which _cannot_ occur where the whole number of votes is odd, and -is utterly improbable when they are even--and to keep the election -from the House of Representatives, while preserving the principle -which should prevail in elections by the House of Representatives, -it is provided that the candidate, in the case of such equality, -having the majority of votes in the majority of the States, shall -be the person elected President. To provide against the possibility -of another almost impossible contingency (that of more than two -candidates having the highest, and, of course, the same number -of votes in the first election, by an equality of votes between -several), the proposed amendment is so worded as to let all--that -is, all having the two highest number of votes--go before the people -at the second election. - -Such are the details for the election of President: they are the -same for that of Vice-President, with the single exception that, -when the first election should have been effective for the election -of President, and not so for Vice-President, then, to save the -trouble of a second election for the secondary office only, the -present provision of the constitution should prevail, and the Senate -choose between the two highest. - -Having made this exposition of the _principle_ and of the _details_ -of the plan he proposed, Mr. B. went on to speak at large in favor -of its efficacy and practicability in preserving the rights of the -people, maintaining the purity of elections, preventing intrigue, -fraud, and treachery, either in guiding or defeating the choice -of the people and securing to our free institutions a chance for a -prolonged and virtuous existence. - -Mr. B. said he had never attended a nominating caucus or convention, -and never intended to attend one. He had seen the last Congress -caucus in 1824, and never wished to see another, or hear of another; -he had seen the national convention of 1844, and never wished to see -another. He should support the nominations of the last convention; -but hoped to see such conventions rendered unnecessary, before the -recurrence of another presidential election. - -Mr. B. after an extended argument, concluded with an appeal to the -Senate to favor his proposition, and send it to the country. His -only object at present was to lay it before the country: the session -was too far advanced to expect action upon it. There were two modes -to amend the constitution--one by Congress proposing, and two-thirds -of the State legislatures adopting, the amendment; the other by a -national convention called by Congress for the purpose. Mr. B. began -with the first mode: he might end with the second. - -Disclaiming every thing temporary or invidious in this attempt -to amend the constitution in an important point--referring -to his labors twenty years ago for the elucidation of his -motives--despising all pursuit after office, high or low--detesting -all circumvention, intrigue, and management--anxious to restore our -elections to their pristine purity and dignity--and believing the -whole body of the people to be the only safe and pure authority -for the selection as well as election of the first officers of the -republic,--he confidently submitted his proposition to the Senate -and the people, and asked for it the indulgent consideration which -was due to the gravity and the magnitude of the subject. - -Mr. B. then offered his amendment, which was unanimously received, -and ordered to be printed. - -The following is the copy of this important proposition: - - "_Resolved by the Senate and House of Representatives of the - United States of America in Congress assembled, two-thirds - of both Houses concurring_, That the following amendment to - the constitution of the United States be proposed to the - legislatures of the several States, which, when ratified by the - legislatures of three-fourths of the States, shall be valid to - all intents and purposes as part of the constitution: - - "That, hereafter, the President and Vice-President of the - United States shall be chosen by the people of the respective - States, in the manner following: Each State shall be divided, - by the legislature thereof, into districts, equal in number to - the whole number of senators and representatives to which such - State may be entitled in the Congress of the United States; - the said districts to be composed of contiguous territory, - and to contain, as nearly as may be, an equal number of - persons, entitled to be represented under the constitution, - and to be laid off, for the first time, immediately after - the ratification of this amendment, and afterwards, at the - session of the legislature next ensuing the apportionment of - representatives by the Congress of the United States; that, - on the first Thursday in August, in the year 1848, and on the - same day every fourth year thereafter, the citizens of each - State who possess the qualifications requisite for electors of - the most numerous branch of the State legislatures, shall meet - within their respective districts, and vote for a President - and Vice-President of the United States, one of whom at least - shall not be an inhabitant of the same State with themselves; - and the person receiving the greatest number of votes for - President, and the one receiving the greatest number of votes - for Vice-President in each district, shall be holden to have - received one vote; which fact shall be immediately certified - by the governor of the State, to each of the senators in - Congress from such State, and to the President of the Senate - and the Speaker of the House of Representatives. The Congress - of the United States shall be in session on the second Monday - in October, in the year 1848, and on the same day on every - fourth year thereafter; and the President of the Senate, in - the presence of the Senate and House of Representatives, shall - open all the certificates, and the votes shall then be counted. - The person having the greatest number of votes for President, - shall be President, if such number be equal to a majority of - the whole number of votes given; but if no person have such - majority, then a second election shall be held on the first - Thursday in the month of December then next ensuing, between - the persons having the two highest numbers for the office of - President; which second election shall be conducted, the result - certified, and the votes counted, in the same manner as in the - first; and the person having the greatest number of votes for - President, shall be President. But, if two or more persons shall - have received the greatest, and an equal number of votes, at the - second election, then the person who shall have received the - greatest number of votes in the greatest number of States, shall - be President. The person having the greatest number of votes for - Vice-President, at the first election, shall be Vice-President, - if such number be equal to a majority of the whole number of - votes given: and, if no person have such majority, then a second - election shall take place between the persons having the two - highest numbers on the same day that the second election is - held for President; and the person having the highest number of - votes for Vice-President, shall be Vice-President. But if there - should happen to be an equality of votes between the persons so - voted for at the second election, then the person having the - greatest number of votes in the greatest number of States, shall - be Vice-President. But when a second election shall be necessary - in the case of Vice-President, and not necessary in the case - of President, then the Senate shall choose a Vice-President - from the persons having the two highest numbers in the first - election, as is now prescribed in the constitution." - - - - -CHAPTER CXLVI. - -THE PRESIDENT AND THE SENATE: WANT OF CONCORD: NUMEROUS REJECTIONS -OF NOMINATIONS. - - -Mr. Tyler was without a party. The party which elected him -repudiated him: the democratic party refused to receive him. His -only resource was to form a Tyler party, at which he made but little -progress. The few who joined him from the other parties were, most -of them, importunate for office; and whether successful or not in -getting through the Senate (for all seemed to get nominations), they -lost the moral force which could aid him. The incessant rejection -of these nominations, and the pertinacity with which they were -renewed, presents a scene of presidential and senatorial oppugnation -which had no parallel up to that time, and of which there has -been no example since. Nominations and rejections flew backwards -and forwards as in a game of shuttlecock--the same nomination, in -several instances, being three times rejected in the same day (as it -appears on the journal), but within the same hour, as recollected -by actors in the scene. Thus: on the 3d day of March, 1843, Mr. -Caleb Cushing having been nominated to the Senate for Secretary -of the Treasury, was rejected by a vote of 27 nays to 19 yeas. -The nays were: Messrs. Allen, Archer, Bagby, Barrow, Bayard, -Benton, Berrien, Thomas Clayton, Conrad, Crafts, Crittenden, -Graham, Henderson, Huntingdon, Kerr, Linn, Mangum, Merrick, Miller, -Morehead, Phelps, Porter, Simmons, Smith of Indiana, Sprague, -Tappan, White. This vote was taken after dark in the night of -the last day of the session. The President, who according to the -custom on such occasions, attended in an ante-chamber appropriated -to the Vice-President, immediately sent back Mr. Cushing's name, -re-nominated for the same office. He was immediately rejected -again by the same 27 nays, and with a diminution of nine who had -voted for him. Incontinently the private secretary of Mr. Tyler -returned with another re-nomination of the same citizen for the -same office; which was immediately rejected by a vote of 29 to 2. -The two senators who voted for him on this last trial were, Messrs. -Robert J. Walker and Cuthbert. The 19 who voted for the nomination -on the first trial were: Messrs. Bates, Buchanan, Calhoun, Choate, -Cuthbert, Evans, Fulton, King, McDuffie, McRoberts, Sevier, -Sturgeon, Tallmadge, Walker, Wilcox, Williams, Woodbury, Wright. The -message containing this second re-nomination was written in such -haste and flurry that half the name of the nominee was left out. "I -nominate _Cushing_ as Secretary of the Treasury, in place of Walter -Forward, resigned," was the whole message; but the Senate acted upon -it as it was, without sending the message back for rectification, -as the rule always has been in the case of clerical mistakes. These -re-nominations by Mr. Tyler were the more notable because, as -chairman of the committee which had the duty of reporting upon the -nomination of the United States Bank directors in the time of the -"_war_," as it was called of the government upon the bank, he had -made the report against President Jackson on the re-nomination of -the four government directors (Messrs. Gilpin, Sullivan, Wager and -McEldery), who had been rejected for reporting to the President, at -his request, the illegal and corrupt proceedings of the bank (such -as were more fully established by a committee of the stockholders); -and also voted against the whole four re-nominations. - -The same night Mr. Henry A. Wise underwent three rejections on a -nomination, and two re-nominations as minister plenipotentiary and -envoy extraordinary to France. The first rejection was by a vote of -24 to 12--the second, 26 to 8--the third, 29 to 2. The two yeas in -this case were the same as on the third rejection of Mr. Cushing. -The yeas and nays in the first vote were, yeas: Messrs. Archer, -Buchanan, Calhoun, Choate, Cuthbert, Evans, Fulton, King, McDuffie, -Sturgeon, Tallmadge, Walker. The nays: Messrs. Bagby, Barrow, -Benton, Berrien, Clayton (Thomas), Conrad, Crafts, Crittenden, -Dayton, Graham, Henderson, Huntingdon, John Leeds Kerr, Mangum, -Merrick, Miller, Phelps, Porter, Simmons, Smith of Indiana, Sprague, -Tappan, White, Woodbridge. Mr. Wise had been nominated in the place -of Lewis Cass, Esq., resigned. - -At the ensuing session a rapid succession of rejections of -nominations took place. Mr. George H. Proffit, of Indiana, late of -the House of Representatives, was nominated minister plenipotentiary -and envoy extraordinary to the Emperor of Brazil. He had been -commissioned in the vacation, and had sailed upon his destination, -drawing the usual outfit and quarter's salary, leaving the principal -part behind, bet upon the presidential election. He was not -received by the Emperor of Brazil, and was rejected by the Senate. -Only eight members voted for his confirmation--Messrs. Breese, -Colquitt, Fulton, Hannegan, King, Semple, Sevier, Walker. He had -been nominated in the place of William Hunter, Esq., ex-senator -from Rhode Island, recalled--a gentleman of education, reading, -talent, and finished manners; and eminently fit for his place. It -was difficult to see in Mr. Proffit, intended to supersede him, any -cause for his appointment except his adhesion to Mr. Tyler. - -Mr. David Henshaw, of Massachusetts, had been commissioned Secretary -of the Navy in the recess, in place of Mr. Upshur, appointed -Secretary of State. He was rejected--only eight senators voting for -his nomination: they were: Messrs. Colquitt, Fulton, Haywood, King, -Semple, Sevier, Walker, Woodbury. The same fate attended Mr. James -M. Porter, of Pennsylvania, appointed in the recess Secretary at -War, in the place of Mr. John C. Spencer, resigned. No more than -three senators voted for his confirmation--Messrs. Haywood, Porter -of Michigan, and Tallmadge. Mr. John C. Spencer himself, nominated -an associate justice of the Supreme Court of the United States, in -the place of Smith Thompson, Esq., deceased, was also rejected--26 -to 21 votes. The negatives were: Messrs. Allen, Archer, Atchison, -Barrow, Bates, Bayard, Benton, Berrien, Choate, Clayton, Crittenden, -Dayton, Evans, Foster, Haywood, Henderson, Huntingdon, Jarnagin, -Mangum, Merrick, Miller, Morehead, Pearce, Simmons, Tappan, -Woodbridge.--Mr. Isaac Hill, of New Hampshire, was another subject -of senatorial rejection. He was nominated for the place of the chief -of the bureau of provisions and clothing of the Navy Department, to -fill a vacancy occasioned by the death of Charles W. Goldsborough, -Esq., and rejected by a vote of 25 to 11. The negatives were: -Messrs. Allen, Archer, Atchison, Bagby, Barrow, Bates, Bayard, -Benton, Berrien, Breese, Clayton (Thomas), Crittenden, Dayton, -Evans, Foster, Huntingdon, Jarnagin, Mangum, Merrick, Morehead, -Pearce, Sturgeon, Tappan, Walker, White.--Mr. Cushing was nominated -at the same session for minister plenipotentiary and envoy -extraordinary to China, the proceedings on which have not been made -public. - - - - -CHAPTER CXLVII. - -MR. TYLER'S LAST MESSAGE TO CONGRESS. - - -Texas was the prominent topic of this message, and presented in -a way to have the effect, whatever may have been the intent, of -inflaming and exasperating, instead of soothing and conciliating -Mexico. Mr. Calhoun was now the Secretary of State, and was now -officially what he had been all along actually, the master spirit -in all that related to Texas annexation. Of the interests concerned -in the late attempted negotiation, one large interest, both active -and powerful, was for war with Mexico--not for the sake of the war, -but of the treaty of peace which would follow it, and by which -their Texas scrip and Texas land, now worth but little, would -become of great value. Neither Mr. Tyler nor Mr. Calhoun were among -these speculators, but their most active supporters were; and -these supporters gave the spirit in which the Texas movement was -conducted; and in this spirit the message, in all that related to -the point, was conceived. The imperious notification given at the -last session to cease the war, was repeated with equal arrogance, -and with an intimation that the United States would come to the aid -of Texas, if it went on. Thus: - - "In my last annual message, I felt it to be my duty to make - known to Congress, in terms both plain and emphatic, my opinion - in regard to the war which has so long existed between Mexico - and Texas; and which, since the battle of San Jacinto, has - consisted altogether of predatory incursions, attended by - circumstances revolting to humanity. I repeat now, what I then - said, that, after eight years of feeble and ineffectual efforts - to recover Texas, it was time that the war should have ceased." - -This was not the language for one nation to hold towards another, -nor would such have been held towards Mexico, except from her -inability to help herself, and our desire to get a chance to make -a treaty of acquisitions with her. The message goes on to say, -"_Mexico has no right to jeopard the peace of the world, by urging -any longer a useless and fruitless contest._" Very imperious -language that, but entirely unfounded in the facts. Hostilities -had ceased between Mexico and Texas upon an armistice under the -guarantee of the great powers, and peace with Mexico was immediate -and certain when Mr. Tyler's government effected the breach and -termination of the armistice by the Texas negotiations, and by -lending detachments of the army and navy to President Houston, to -assist in the protection of Texas. This interposition, and by the -lawless and clandestine loan of troops and ships, to procure a -rupture of the armistice, and prevent the peace which Mexico and -Texas were on the point of making, was one of the most revolting -circumstances in all this Texas intrigue. Thus presenting a defiant -aspect to Mexico, the President recommended the admission of Texas -into the Union upon an act of Congress, to be passed for that -purpose, and under the clause in the constitution which authorizes -Congress to admit new States. Thus, a great constitutional point was -gained by those who had opposed and defeated the annexation treaty. -By that mode of annexation the treaty-making power--the President -and Senate--made the acquisition: by the mode now recommended the -legislative authority was to do it. - -The remainder of the message presents nothing to be noted, except -the congratulations of the President upon the restoration of the -federal currency to what he called a sound state, but which was, -in fact, a solid state--for it had become gold and silver; and his -equal felicitations upon the equalization of the exchanges (which -had never been unequal between those who had money to exchange), -saying that exchange was now only the difference of the expense -of transporting gold. That had been the case always with those -who had gold; and what had been called inequalities of exchange -before, was nothing but the different degrees of the depreciation of -different bank notes. But what the President did not note, but which -all others observed, was the obvious fact, that this restoration -and equalization were attained without any of the remedies which -he had been prescribing for four years! without any of those -Fiscal Institutes--Fiscal Corporations--Fiscal Agents--or Fiscal -Exchequers, which he had been prescribing for four years. It was the -effect of the gold bill, and of the Independent Treasury, and the -cessation of all attempts to make a national currency of paper money. - - - - -CHAPTER CXLVIII. - -LEGISLATIVE ADMISSION OF TEXAS INTO THE UNION AS A STATE. - - -A joint resolution was early brought into the House of -Representatives for the admission of Texas as a State of the Union. -It was in these words: - - "That Congress doth consent that the territory properly included - within, and rightfully belonging to the republic of Texas, may - be erected into a new State, to be called the State of Texas, - with a republican form of government, to be adopted by the - people of said republic, by deputies in convention assembled, - with the consent of the existing government, in order that - the same may be admitted as one of the States of this Union. - And, that the foregoing consent of Congress is given upon the - following conditions, and with the following guarantees: - - "First. Said State to be formed, subject to the adjustment by - this government of all questions of boundary that may arise - with other governments; and the constitution thereof, with the - proper evidence of its adoption by the people of said republic - of Texas, shall be transmitted to the President of the United - States, to be laid before Congress for its final action, on or - before the 1st day of January, 1846. - - "Second. Said State, when admitted into the Union, after ceding - to the United States all public edifices, fortifications, - barracks, ports and harbors, navy and navy-yards, docks, - magazines, arms, armaments, and all other property and means - pertaining to the public defence belonging to said republic - of Texas, shall retain all the public funds, debts, taxes, - and dues of every kind which may belong to, or be due and - owing said republic; and shall also retain all the vacant and - unappropriated lands lying within its limits, to be applied to - the payment of the debts and liabilities of said republic of - Texas; and the residue of said lands, after discharging said - debts and liabilities, to be disposed of as said State may - direct; but in no event are said debts and liabilities to become - a charge upon the government of the United States. - - "Third. New States, of convenient size, not exceeding four - in number, in addition to said State of Texas, and having - sufficient population, may hereafter by the consent of said - State, be formed out of the territory thereof, which shall - be entitled to admission under the provisions of the federal - constitution. And such States as may be formed out of that - portion of said territory lying south of thirty-six degrees - thirty minutes north latitude, commonly known as the Missouri - compromise line, shall be admitted into the Union, with or - without slavery, as the people of each State asking admission - may desire; and in such State or States as shall be formed - out of said territory north of said Missouri compromise line, - slavery or involuntary servitude (except for crime) shall be - prohibited." - -To understand the third, and last clause of this resolve, it must -be recollected that the boundaries of Texas, by the treaty of 1819, -which retroceded that province to Spain, were extended north across -the Red River, and entirely to the Arkansas River; and following -that river up to the 37th, the 38th, and eventually to the 42d -degree of north latitude; so that all this part of the territory -lying north of 36 degrees 30 minutes, came within the terms of the -Missouri compromise line prohibiting slavery north of that line. -Here then was an anomaly--slave territory, and free territory within -the same State; and it became the duty of Congress to provide for -each accordingly: and it was done. The territory lying south of that -compromise line might become free or slave States as the inhabitants -should decide: the States to be formed out of the territory north of -it were to be bound by the compromise: and lest any question should -arise on that point in consequence of Texas having been under a -foreign dominion since the line was established, it was expressly -re-enacted by this clause of the resolution, and in the precise -words of the Missouri compromise act. Thus framed, and made clear in -its provisions in respect to slavery, the resolutions, after ample -discussion, were passed through the House by a good majority--120 to -97. The affirmatives were - - "Archibald H. Arrington, John B. Ashe, Archibald Atkinson, - Thomas H. Bayly, James E. Belser, Benjamin A. Bidlack, Edward - J. Black, James Black, James A. Black, Julius W. Blackwell, - Gustavus M. Bower, James B. Bowlin, Linn Boyd, Richard Brodhead, - Aaron V. Brown, Milton Brown, William J. Brown, Edmund Burke, - Armistead Burt, George Alfred Caldwell, John Campbell, Shepherd - Carey, Reuben Chapman, Augustus A. Chapman, Absalom H. Chappell, - Duncan L. Clinch, James G. Clinton, Howell Cobb, Walter Coles, - Edward Cross, Alvan Cullom, John R. J. Daniel, John W. Davis, - John B. Dawson, Ezra Dean, James Dellet, Stephen A. Douglass, - George C. Dromgool, Alexander Duncan, Chesselden Ellis, Isaac - G. Farlee, Orlando B. Ficklin, Henry D. Foster, Richard - French, George Fuller, William H. Hammett, Hugh A. Haralson, - Samuel Hays, Thomas J. Henley, Isaac E. Holmes, Joseph P. - Hoge, George W. Hopkins, George S. Houston, Edmund W. Hubard, - William S. Hubbell, James M. Hughes, Charles J. Ingersoll, - John Jameson, Cave Johnson, Andrew Johnson, George W. Jones. - Andrew Kennedy, Littleton Kirkpatrick, Alcee Labranche, Moses G. - Leonard, William Lucas, John H. Lumpkin, Lucius Lyon, William - C. McCauslen, William B. Maclay, John A. McClernand, Felix G. - McConnel, Joseph J. McDowell, James J. McKay, James Mathews, - Joseph Morris, Isaac E. Morse, Henry C. Murphy, Willoughby - Newton, Moses Norris, jr., Robert Dale Owen, William Parmenter, - William W. Payne, John Pettit, Joseph H. Peyton, Emery D. - Potter, Zadock Pratt, David S. Reid, James H. Relfe, R. Barnwell - Rhett, John Ritter, Robert W. Roberts, Jeremiah Russell, Romulus - M. Saunders, William T. Senter, Thomas H. Seymour, Samuel - Simons, Richard F. Simpson, John Slidell, John T. Smith, Thomas - Smith, Robert Smith, Lewis Steenrod, Alexander H. Stephens, John - Stewart, William H. Styles, James W. Stone, Alfred P. Stone, - Selah B. Strong, George Sykes, William Taylor, Jacob Thomson, - John W. Tibbatts, Tilghman M. Tucker, John B. Weller, John - Wentworth, Joseph A. Woodward, Joseph A. Wright, William L. - Yancey, Jacob S. Yost." - -Members from the slave and free States voted for these resolutions, -and thereby asserted the right of Congress to legislate upon slavery -in territories, and to prohibit or prevent it as they pleased, -and also exercised the right each way--forbidding it one side of a -line, and leaving it optional with the State on the other--and not -only acknowledging the validity of the Missouri compromise line, but -enforcing it by a new enactment; and without this enactment every -one saw that the slavery institution would come to the Arkansas -River in latitude 37, and 38, and even 42. The vote was, therefore, -an abolition of the institution legally existing between these two -lines, and done in the formal and sacred manner of a compact with a -foreign State, as a condition of its admission into the Union. One -hundred and twenty members of the House of Representatives voted in -favor of these resolutions, and thereby both asserted, and exercised -the power of Congress to legislate upon slavery in territories, and -to abolish it therein when it pleased: of the 97 voting against the -resolution, not one did so from any objection to that power. The -resolutions came down from the Department of State, and corresponded -with the recommendation in the President's message. - -Sent to the Senate for its concurrence, this joint resolution found -a leading friend in the person of Mr. Buchanan, who was delighted -with every part of it, and especially the re-enactment of the -Missouri compromise line in the part where it might otherwise have -been invalidated by the Texian laws and constitution, and which thus -extinguished for ever the slavery question in the United States. In -this sense he said: - - "He was pleased with it, again, because it settled the question - of slavery. These resolutions went to re-establish the Missouri - compromise, by fixing a line within which slavery was to be - in future confined. That controversy had nearly shaken this - Union to its centre in an earlier and better period of our - history; but this compromise, should it be now re-established, - would prevent the recurrence of similar dangers hereafter. - Should this question be now left open for one or two years, the - country could be involved in nothing but one perpetual struggle. - We should witness a feverish excitement in the public mind; - parties would divide on the dangerous and exciting question of - abolition; and the irritation might reach such an extreme as to - endanger the existence of the Union itself. But close it now, - and it would be closed for ever. - - "Mr. B. said he anticipated no time when the country would ever - desire to stretch its limits beyond the Rio del Norte; and, - such being the case, ought any friend of the Union to desire to - see this question left open any longer? Was it desirable again - to have the Missouri question brought home to the people to goad - them to fury? That question between the two great interests in - our country had been well discussed and well decided; and from - that moment Mr. B. had set down his foot on the solid ground - then established, and there he would let the question stand for - ever. Who could complain of the terms of that compromise? - - "It was then settled that north of 36 deg. 30' slavery should - be for ever prohibited. The same line was fixed upon in the - resolutions recently received from the House of Representatives, - now before us. The bill from the House for the establishment of - a territorial government in Oregon excluded slavery altogether - from that vast country. How vain were the fears entertained in - some quarters of the country that the slaveholding States would - ever be able to control the Union! While, on the other hand, - the fears entertained in the south and south-west as to the - ultimate success of the abolitionists, were not less unfounded - and vain. South of the compromise line of 36 deg. 30' the States - within the limits of Texas applying to come into the Union were - left to decide for themselves whether they would permit slavery - within their limits or not. And under this free permission, - he believed, with Mr. Clay (in his letter on the subject of - annexation), that if Texas should be divided into five States, - two only of them would be slaveholding, and three free States. - The descendants of torrid Africa delighted in the meridian rays - of a burning sun; they basked and rejoiced in a degree of heat - which enervated and would destroy the white man. The lowlands of - Texas, therefore, where they raised cotton, tobacco, and rice, - and indigo, was the natural region for the slave. But north of - San Antonio, where the soil and climate were adapted to the - culture of wheat, rye, corn, and cattle, the climate was exactly - adapted to the white man of the North; there he could labor - for himself without risk or injury. It was, therefore, to be - expected that three out of the five new Texian States would be - free States--certainly they would be so, if they but willed it. - Mr. B. was willing to leave that question to themselves, as they - applied for admission into the Union. He had no apprehensions - of the result. With that feature in the bill, as it came from - the House, he was perfectly content; and, whatever bill might - ultimately pass, he trusted this would be made a condition in - it." - -It was in the last days of his senatorial service that Mr. Buchanan -crowned his long devotion to the Missouri compromise by celebrating -its re-enactment where it had been abrogated, taking a stand upon -it as the solid ground on which the Union rested, and invoking a -perpetuity of duration for it. - -This resolution, thus adopted by the House, would make the admission -a legislative act, but in the opinion of many members of the -Senate that was only a step in the right direction: another in -their opinion required to be taken: and that was to combine the -treaty-making power with it--the Congress taking the initiative in -the question, and the President and Senate finishing it by treaty, -as done in the case of Louisiana and Florida. With this view -Mr. Benton had brought in a bill for commissioners to treat for -annexation, and so worded as to authorize negotiations with Mexico -at the same time, and get her acquiescence to the alienation in the -settlement of boundaries with her. His bill was in these terms: - - "That a State, to be formed out of the present republic of - Texas, with suitable extent and boundaries, and with two - representatives in Congress until the next apportionment of - representation, shall be admitted into the Union by virtue of - this act, on an equal footing with the existing States, as soon - as the terms and conditions of such admission, and the cession - of the remaining Texian territory to the United States shall be - agreed upon by the government of Texas and the United States. - - "SEC. 2. _And be it further enacted_, That the sum of - one hundred thousand dollars be, and the same is hereby - appropriated, to defray the expenses of missions and - negotiations to agree upon the terms of said admission and - cession, either by treaty, to be submitted to the Senate, or by - articles to be submitted to the two Houses of Congress, as the - President may direct." - -In support of this bill, Mr. Benton said: - - "It was a copy, substantially, of the bill which he had - previously offered, with the omission of all the terms and - conditions which that bill contained. He had been induced to - omit all these conditions because of the difficulty of agreeing - upon them, and because it was now clear that whatever bill was - passed upon the subject of Texas, the execution of it must - devolve upon the new President, who had been just elected by - the people with a view to this object. He had confidence in - Mr. Polk, and was willing to trust the question of terms and - conditions to his untrammelled discretion, certain that he would - do the best that he could for the success of the object, the - harmony of the Union, and the peace and honor of the country. - - "The occasion is an extraordinary one, and requires an - extraordinary mission. The voluntary union of two independent - nations is a rare occurrence, and is worthy to be attended - by every circumstance which lends it dignity, promotes its - success, and makes it satisfactory. When England and Scotland - were united, at the commencement of the last century, no less - than thirty-one commissioners were employed to agree upon the - terms; and the terms they agreed upon received the sanction - of the Parliaments of the two kingdoms, and completed a union - which had been in vain attempted for one hundred years. - Extraordinary missions, nationally constituted, have several - times been resorted to in our own country, and always with - public approbation, whether successful or not. The first - Mr. Adams sent Marshall, Gerry, and Pinckney to the French - directory in 1798: Mr. Jefferson sent Ellsworth, Davie, and - Murray to the French consular government of 1800: Mr. Madison - sent Adams, Bayard, Gallatin, Clay, and Russell to Ghent in - 1814. All these missions, and others which might be named, were - nationally constituted--composed of eminent citizens taken from - each political party, and from different sections of the Union; - and, of course, all favorable to the object for which they - were employed. An occasion has occurred which, in my opinion, - requires a mission similarly constituted--as numerous as the - missions to Paris or to Ghent--and composed of citizens from - both political parties, and from the non-slaveholding as well - as the slaveholding States. Such a commission could hardly fail - to be successful, not merely in agreeing upon the terms of the - union, but in agreeing upon terms which would be satisfactory - to the people and the governments of the two countries. And - here, to avoid misapprehension and the appearance of disrespect - where the contrary is felt, I would say that the gentleman now - in Texas as the charge of the United States, is, in my opinion, - eminently fit and proper to be one of the envoys extraordinary - and ministers plenipotentiary which my bill contemplates. - - "In withdrawing from my bill the terms and conditions which had - been proposed as a basis of negotiation, I do not withdraw them - from the consideration of those who may direct the negotiation. - I expect them to be considered, and, as far as judged proper, - to be acted on. The compromise principle between slave and - non-slaveholding territory is sanctioned by the vote of the - House of Representatives, and by the general voice of the - country. In withdrawing it from the bill, I do not withdraw it - from the consideration of the President: I only leave him free - and untrammelled to do the best he can for the harmony of the - Union on a delicate and embarrassing point. - - "The assent of Mexico to the annexation is judged to be - unnecessary, but no one judges her assent to a new boundary line - to be unnecessary: no one judges it unnecessary to preserve her - commerce and good will; and, therefore, every consideration of - self-interest and national policy requires a fair effort to - be made to settle this boundary and to preserve this trade and - friendship; and I shall consider all this as remaining just as - fully in the mind of the President as if submitted to him in a - bill. - - "The bill which I now offer is the same which I have presented - heretofore, divested of its conditions, and committing the - subject to the discretion of the President to accomplish the - object in the best way that he can, and either negotiate a - treaty to be submitted to the Senate, or to agree upon articles - of union to be submitted to the two Houses of Congress. I deem - this the best way of proceeding under every aspect. It is the - safest way; for it will settle all questions beforehand, and - leave no nest-eggs to hatch future disputes. It is the most - speedy way; for commissioners conferring face to face will - come to conclusions much sooner than two deliberative bodies - sitting in two different countries, at near two thousand miles - apart, and interchanging categorical propositions in the shape - of law. It is the most satisfactory way; for whatever such - a commission should agree upon, would stand the best chance - to be satisfactory to all parts of the Union. It is the most - respectful way to Texas, and the mode for which she has shown a - decided preference. She has twice sent envoys extraordinary and - ministers plenipotentiary here to treat with us; and the actual - President, Mr. Jones, has authentically declared his willingness - to engage in further negotiations. Ministers sent to confer and - agree--to consult and to harmonize--is much more respectful - than the transmission, by mail or messenger, of an inflexible - proposition, in the shape of law, to be accepted or rejected - in the precise words in which we send it. In every point of - view, the mode which I propose seems to me to be the best; and - as its execution will devolve upon a President just elected by - the people with a view to this subject, I have no hesitation in - trusting it to him, armed with full power, and untrammelled with - terms and conditions." - -It was soon ascertained in the Senate, that the joint resolution -from the House could not pass--that unless combined with -negotiation, it would be rejected. Mr. Walker, of Mississippi, -then proposed to join the two together--the bill of Mr. Benton -and the resolution from the House--with a clause referring it to -the discretion of the President to act under them as he deemed -best. It being then the end of the session, and the new President -arrived so as to be ready to act immediately; and it being fully -believed that the execution of the bill was to be left to him, -the conjunction was favored by the author of the bill, and his -friends; and the proposal of Mr. Walker was agreed to. The bill -was added as an amendment, and then the whole was passed--although -by a close vote--27 to 25. The yeas were: Messrs. Allen, Ashley, -Atchison, Atherton, Bagby, Benton, Breese, Buchanan, Colquitt, -Dickinson, Dix, Fairfield, Hannegan, Haywood, Henderson, Huger, -Johnson, Lewis, McDuffie, Merrick, Niles, Semple, Sevier, Sturgeon, -Tappan, Walker, Woodbury,--27. The nays were: Messrs. Archer, -Barrow, Bates, Bayard, Berrien, Choate, Clayton, Crittenden, Dayton, -Evans, Foster, Francis, Huntington, Jarnagin, Mangum, Miller, -Morehead, Pearce, Phelps, Porter, Rives, Simmons, Upham, White, -Woodbridge--25. The resolve of the House was thus passed in the -Senate, and the validity of the Missouri compromise was asserted, -and its re-enactment effected in the Senate, as well as in the -House. But the amendment required the bill to go back to the House -for its concurrence in that particular, which was found to increase -the favor of the measure--an addition of thirty-six being added to -the affirmative vote. Carried to Mr. Tyler for his approval, or -disapproval, it was immediately approved by him, with the hearty -concurrence of his Secretary of State (Mr. Calhoun), who even -claimed the passage of the measure as a triumph of his own. And -so the executive government, in the persons of the President and -his cabinet, added their sanction to the validity of the Missouri -compromise line, and the full power of Congress which it exercised, -to permit or abolish slavery in territories. This was the month of -March, 1845--so that a quarter of a century after the establishment -of that compromise line, the dogmas of "squatter sovereignty"--"no -power in Congress to legislate upon slavery in the territories"--and -"the extension of slavery to the territories by the self-expansion -of the constitution," had not been invented. The discovery of these -dogmas was reserved for a later period, and a more heated state of -the public mind. - -The bill providing for the admission of Texas had undergone all its -formalities, and became a law on Saturday, the first day of March; -the second was Sunday, and a _dies non_. Congress met on Monday for -the last day of its existence; and great was the astonishment of -members to hear that the actual President had assumed the execution -of the act providing for the admission of Texas--had adopted the -legislative clause--and sent it off by a special messenger for -the adoption of Texas. It was then seen that some senators had -been cheated out of their votes, and that the passage of the act -through the Senate had been procured by a fraud. At least five of -the senators who voted affirmatively would have voted against the -resolutions of the House, if Mr. Benton's bill had not been added, -and if it had not been believed that the execution of the act would -be left to the new President, and that he would adopt Mr. Benton's. -The possibility of a contrary course had been considered, and, as -it was believed, fully guarded against. Several senators and some -citizens conversed with Mr. Polk, then in the city, and received -his assurance that he would act on Mr. Benton's proposition, and -in carrying it into effect would nominate for the negotiation a -national commission, composed of safe and able men of both parties, -such as Mr. Benton had suggested. Among those who thus conversed -with Mr. Polk were two (senator Tappan, of Ohio, and Francis P. -Blair, Esq., of Washington City), who published the result of their -conversations, and the importance of which requires to be stated -in their own words: which is here done. Mr. Tappan, writing to the -editors of the New York Evening Post, says: - - "When the joint resolution declaring the terms on which Congress - will admit Texas into the Union as a State, was before the - Senate, it was soon found that a number of the democratic - members who were favorable to the admission of Texas, would - vote against that resolution. I was one of them. In this stage - of the matter it was proposed, that instead of rejecting - the House resolution, we should amend it by adding, as an - alternative proposition, the substance of Mr. Benton's bill to - obtain Texas by negotiation. Mr. Polk was in the city; it was - understood that he was very anxious that Congress should act on - the subject before he came into office; it was also understood - that the proposition to amend the House resolution originated - with Mr. Polk. It had been suggested, that, if we did so amend - the resolution, Mr. Calhoun would send off the House resolution - to Texas, and so endeavor to forestall the action of Mr. Polk; - but Mr. McDuffie, his friend, having met this suggestion by the - declaration that he would not have the 'audacity' to do such - a thing, it was no more thought of. One difficulty remained, - and that was the danger of putting it into the power of Mr. - Polk to submit the House resolution to Texas. We understood, - indeed, that he intended to submit the Senate proposition to - that government; but, without being satisfied that he would do - this, I would not vote for the resolution, and it was well - ascertained that, without my vote, it could not pass. Mr. - Haywood, who had voted with me, and was opposed to the House - resolution, undertook to converse with Mr. Polk on the subject, - and did so. He afterwards told me that he was authorized by Mr. - Polk to say to myself and other senators, that, if we could - pass the resolution with the amendment proposed to be made, he - would not use the House resolution, but would submit the Senate - amendment as the sole proposition to Texas. Upon this assurance - I voted for the amendment moved by Mr. Walker, containing the - substance of Mr. Benton's bill, and voted for the resolution as - it now stands on the statute book." - -Mr. Francis P. Blair, in a letter addressed to Mr. Tappan, and -conversing with Mr. Polk at a different time, gives his statement to -the same effect: - - "When the resolution passed by the House of Representatives for - the annexation of Texas reached the Senate, it was ascertained - that it would fail in that body. Benton, Bagby, Dix, Haywood, - and as I understood, you also, were opposed to this naked - proposition of annexation, which necessarily brought with - it the war in which Texas was engaged with Mexico. All had - determined to adhere to the bill submitted by Col. Benton, - for the appointment of a commission to arrange the terms of - annexation with Texas, and to make the attempt to render its - accession to our Union as palatable as possible to Mexico - before its consummation. It was hoped that this point might - be effected by giving (as has been done in the late treaty of - peace) a pecuniary consideration, fully equivalent in value for - the territory desired by the United States, and to which Texas - could justly assert any title. The Senate had been polled, and - it was ascertained that any two of the democratic senators who - were opposed to Brown's resolution, which had passed the House, - could defeat it--the whole whig party preferring annexation by - negotiation, upon Col. Benton's plan, to that of Brown. While - the question was thus pending, I met Mr. Brown (late Governor - of Tennessee, then a member or the House), who suggested that - the resolution of the House, and the bill of Col. Benton, - preferred by the Senate, might be blended, making the latter an - alternative, and leaving the President elect (who alone would - have time to consummate the measure), to act under one or the - other at his discretion. I told Mr. Brown that I did not believe - that the democratic senators opposed to the resolution of the - House, and who had its fate in their hands, would consent to - this arrangement, unless they were satisfied in advance by Mr. - Polk that the commission and negotiation contemplated in Col. - Benton's plan would be tried, before that of direct legislative - annexation was resorted to. He desired me to see Colonel Benton - and the friends of his proposition, submit the suggestions he - had made, and then confer with Mr. Polk to know whether he would - meet their views. I complied; and after several interviews with - Messrs. Haywood, Dix, Benton, and others (Mr. Allen, of Ohio, - using his influence in the same direction), finding that the - two plans could be coupled and carried, if it were understood - that the pacific project was first to be tried, I consulted - the _President elect on the subject_. In the conference I had - with him, _he gave me full assurance that he would appoint - a commission, as contemplated in the bill prepared by Col. - Benton, if passed in conjunction with the House resolution as an - alternative_. In the course of my conversation with Mr. Polk, - I told him that the friends of this plan were solicitous that - the commission should be filled by distinguished men of both - parties, and that Colonel Benton had mentioned to me the names - of Crittenden and Wright, as of the class from which it should - be formed. _Mr. Polk responded, by declaring with an emphasis, - 'that the first men of the country should fill the commission.'_ - I communicated the result of this interview to Messrs. Benton, - Dix, Haywood, &c. The two last met, on appointment, to adapt the - phraseology of Benton's bill, to suit as an alternative for the - resolution of the House, and it was passed, after a very general - understanding of the course which the measure was to take. Both - Messrs. Dix and Haywood told me they had interviews with Mr. - Polk on the subject of the communication I had reported to them - from him, and they were confirmed by his immediate assurance in - pursuing the course which they had resolved on in consequence - of my representation of his purpose in regard to the point on - which their action depended. After the law was passed, and Mr. - Polk inaugurated, he applied to Gen. Dix (as I am informed by - the latter), to urge the Senate to act upon one of the suspended - cabinet appointments, saying that he wished his administration - organized immediately, as he intended the instant recall of the - messenger understood to have been despatched by Mr. Tyler, and - to revoke his orders given in the last moments of his power, - to thwart the design of Congress in affording him (Mr. Polk) - the means of instituting a negotiation, with a view of bringing - Texas peaceably into the Union." - -All this was perfectly satisfactory with respect to the President -elect; but there might be some danger from the actual President, or -rather, from Mr. Calhoun, his Secretary of State, and who had over -Mr. Tyler that ascendant which it is the prerogative of genius to -exercise over inferior minds. This danger was suggested in debate -in open Senate. It was repulsed as an impossible infamy. Such a -cheat upon senators and such an encroachment upon the rights of -the new President, were accounted among the impossibilities: and -Mr. McDuffie, a close and generous friend of Mr. Calhoun, speaking -for the administration, and replying to the suggestion that they -might seize upon the act, and execute it without regard to the -Senate's amendment, not only denied it for them, but repulsed it -in terms which implied criminality if they did. He said they would -not have the "_audacity_" to do it. Mr. McDuffie was an honorable -man, standing close to Mr. Calhoun; and although he did not assume -to speak by authority, yet his indignant repulse of the suggestion -was entirely satisfactory, and left the misgiving senators released -from apprehension on account of Mr. Tyler's possible conduct. Mr. -Robert J. Walker also, who had moved the conjunction of the two -measures, and who was confidential both with the coming in and -going out President, assisted in allaying apprehension in the -reason he gave for opposing an amendment offered by Mr. Ephraim H. -Foster, of Tennessee, which, looking to the President's adoption -of the negotiating clause, required that he should make a certain -"_stipulation_" in relation to slavery, and another in relation to -the public debt. Mr. Walker objected to this proposition, saying it -was already in the bill, "_and if the President proceeded properly -in the negotiation he would act upon it_." This seemed to be -authoritative that negotiation was to be the mode, and consequently -that Mr. Benton's plan was to be adopted. Thus quieted in their -apprehensions, five senators voted for the act of admission, who -would not otherwise have done so; and any two of whom voting against -it would have defeated it. Mr. Polk did not despatch a messenger to -recall Mr. Tyler's envoy; and that omission was the only point of -complaint against him. Mr. McDuffie stood exempt from all blame, -known to be an honorable man speaking from a generous impulsion. - -Thus was Texas incorporated into the Union--by a deception, and -by deluding five senators out of their votes. It was not a barren -fraud, but one prolific of evil, and pregnant with bloody fruit. -It established, so far as the United States was concerned, the -state of war with Mexico: it only wanted the acceptance of Texas -to make war the complete legal condition of the two countries: and -that temptation to Texas was too great to be resisted. She desired -annexation any way: and the government of the United States having -broken up the armistice, and thwarted the peace prospects, and -brought upon her the danger of a new invasion, she leaped at the -chance of throwing the burden of the war on the United States. The -legislative proposition sent by Mr. Tyler was accepted: Texas became -incorporated with the United States: by that incorporation the state -of war--_the status belli_--was established between the United -States and Mexico: and it only became a question of time and chance, -when hostilities were to begin. Mr. Calhoun, though the master -spirit over Mr. Tyler, and the active power in sending off the -proposition to Texas, was not in favor of war, and still believed, -as he did when he made the treaty, that the weakness of Mexico, and -a _douceur_ of ten millions in money, would make her submit: but -there was another interest all along working with him, and now to -supersede him in influence, which was for war, not as an object, but -as a means--as a means of getting a treaty providing for claims and -indemnities, and territorial acquisitions. This interest, long his -adjunct, now became independent of him, and pushed for the war; but -it was his conduct that enabled this party to act; and this point -became one of earnest debate between himself and Mr. Benton the year -afterwards; in which he was charged as being the real author of the -war; and in which Mr. Benton's speech being entirely historical, -becomes a condensed view of the whole Texas annexation question; and -as such is presented in the next chapter. - - - - -ADMINISTRATION OF JAMES K. POLK. - - - - -CHAPTER CXLIX. - -THE WAR WITH MEXICO: ITS CAUSE: CHARGED ON THE CONDUCT OF MR. -CALHOUN: MR. BENTON'S SPEECH. - - -Mr. BENTON: The senator from South Carolina (Mr. Calhoun) has -boldly made the issue as to the authorship of this war, and as -boldly thrown the blame of it upon the present administration. On -the contrary, I believe himself to be the author of it, and will -give a part of my reasons for believing so. In saying this, I do -not consider the march to the Rio Grande to have been the cause of -the war, any more than I consider the British march upon Concord -and Lexington to have been the cause of the American Revolution, -or the crossing of the Rubicon by Caesar to have been the cause of -the civil war in Rome. In all these cases, I consider the causes -of war as pre-existing, and the marches as only the effect of -these causes. I consider the march upon the Rio Grande as being -unfortunate, and certainly should have advised against it if I had -been consulted, and that without the least fear of diminishing my -influence in the settlement of the Oregon question--a fear which -the senator from South Carolina says prevented him from interposing -to prevent the war which he foresaw. My opinion of Mr. Polk--and -experience in that very Oregon case has confirmed it--did not -authorize me to conjecture that any one would lose influence with -him by giving him honest opinions; so I would have advised against -the march to the Rio Grande if I had been consulted. Nor do I see -how any opinion adverse to the President's was to have the effect of -lessening his influence in the settlement of the Oregon question. -That question was settled by us, not by the President. Half the -democratic senators went contrary to the President's opinion, and -none of them lost influence with him on that account; and so I can -see no possible connection between the facts of the case and the -senator's reason for not interfering to save his country from the -war which, he says, he saw. His reason to me is unintelligible, -incomprehensible, unconnectable with the facts of the case. But the -march on the Rio Grande was not the cause of the war; but the causes -of this event, like the causes of our own revolutionary war, were -in progress long before hostilities broke out. The causes of this -Mexican war were long anterior to this march; and, in fact, every -circumstance of war then existed, except the actual collision of -arms. Diplomatic intercourse had ceased; commerce was destroyed; -fleets and armies confronted each other; treaties were declared -to be broken; the contingency had occurred in which Mexico had -denounced the existence of war; the incorporation of Texas, with a -Mexican war on her hands, had produced, in legal contemplation, the -_status belli_ between the two countries: and all this had occurred -before the march upon the Rio Grande, and before the commencement of -this administration, and had produced a state of things which it was -impossible to continue, and which could only receive their solution -from arms or negotiation. The march to the Rio Grande brought on -the collision of arms; but, so far from being the cause of the war, -it was itself the effect of these causes. The senator from South -Carolina is the author of those causes, and therefore the author -of the war; and this I propose to show, at present, by evidence -drawn from himself--from his public official acts--leaving all the -evidence derived from other sources, from private and unofficial -acts, for future production, if deemed necessary. - -The senator from South Carolina, in his effort to throw the blame -of the war upon the President, goes no further back in his search -for causes than to this march upon the Rio Grande: upon the same -principle, if he wrote a history of the American Revolution, he -would begin at the march upon Lexington and Concord, leaving out -of view the ten years' work of Lord North's administration which -caused that march to be made. No, the march upon the Rio Grande was -not the cause of the war: had it not been for pre-existing causes, -the arrival of the American army on the Mexican frontier would have -been saluted with military courtesy, according to the usage of all -civilized nations, and with none so much as with the Spaniards. -Complimentary visits, dinners, and fandangos, balls--not cannon -balls--would have been the salutation. The causes of the war are -long anterior; and I begin with the beginning, and show the senator -from South Carolina an actor from the first. In doing this, I am -acting in defence of the country, for the President represents -the country. The senator from South Carolina charges the war upon -the President: the whole opposition follow him: the bill under -discussion is forgotten: crimination of the President is now the -object: and in that crimination, the country is injured by being -made to appear the aggressor in the war. This is my justification -for defending the President, and showing the truth that the senator, -in his manner of acquiring Texas, is the true cause of the war. - -The cession of Texas to Spain in 1819 is the beginning point in -the chain of causes which have led to this war; for unless the -country had been ceded away, there could have been no quarrel with -any power in getting it back. For a long time the negotiator of -that treaty of cession (Mr. J. Q. Adams) bore all the blame of -the loss of Texas; and his motives for giving it away were set -down to hostility to the South and West, and a desire to clip the -wings of the slaveholding States. At last the truth of history -has vindicated itself, and has shown who was the true author of -that mischief to the South and West. Mr. Adams has made a public -declaration, which no one controverts, that that cession was made -in conformity to the decision of Mr. Monroe's cabinet, a majority -of which was slaveholding, and among them the present senator from -South Carolina, and now the only survivor of that majority. He does -not contradict the statement of Mr. Adams: he, therefore, stands -admitted the co-author of that mischief to the South and West which -the cession of Texas involved, and to escape from which it became -necessary, in the opinion of the senator from South Carolina, to get -back Texas at the expense of war with Mexico. This conduct of the -senator in giving away Texas when we had her, and then making war -to get her back, is an enigma which he has never yet condescended -to explain, and which, until explained, leaves him in a state of -self-contradiction, which, whether it impairs his own confidence in -himself or not, must have the effect of destroying the confidence -of others in him, and wholly disqualifies him for the office of -champion of the slaveholding States. It was the heaviest blow they -had ever received, and put an end, in conjunction with the Missouri -compromise, and the permanent location of the Indians west of the -Mississippi, to their future growth or extension as slave States -beyond the Mississippi. The compromise, which was then in full -progress, and established at the next session of Congress, cut off -the slave States from all territory north and west of Missouri, and -south of thirty-six and a half degrees of north latitude: the treaty -of 1819 ceded nearly all south of that degree, comprehending not -only all Texas, but a large part of the valley of the Mississippi -on the Red River and the Arkansas, to a foreign power, and brought -a non-slaveholding empire to the confines of Louisiana and -Arkansas: the permanent appropriation of the rest of the territory -for the abode of civilized Indians swept the little slaveholding -territory west of Arkansas and lying between the compromise line -and the cession line; and left the slave States without one inch -of ground for their future growth. Nothing was left. Even the -then territory of Arkansas was encroached upon. A breadth of -forty miles wide, and three hundred long was cut off from her, and -given to the Cherokees; and there was not as much slave territory -left west of the Mississippi as a dove could have rested the sole -of her foot upon. It was not merely a curtailment, but a total -extinction of slaveholding territory; and done at a time when the -Missouri controversy was raging, and every effort made by Northern -abolitionists to stop the growth of slave States.[8] - - [8] At the presidential election of 1824, the Northern States voted - pretty much in a body for Mr. Calhoun, as Vice-President, giving him - near the same vote which they gave Mr. Adams for President. Thus: - - _For Mr. Adams._ _For Mr. Calhoun._ - - New Hampshire, 8 7 - Massachusetts, 15 15 - Rhode Island, 4 3 - Vermont, 7 7 - New York, 26 29 - - -I come now to the direct proofs of the senator's authorship of -the war; and begin with the year 1836, and with the month of May -of that year, and with the 27th day of that month, and with the -first rumors of the victory of San Jacinto. The Congress of the -United States was then in session: the senator from South Carolina -was then a member of this body; and, without even waiting for the -official confirmation of that great event, he proposed at once -the immediate recognition of the independence of Texas, and her -immediate admission into this Union. He put the two propositions -together--recognition and admission: and allowed us no further time -for the double vote than the few days which were to intervene before -the official intelligence of the victory should arrive. Here are -some extracts from his speech on that occasion, and which verify -what I say, and show that he was then ready to plunge the country -into the Texian war with Mexico, without the slightest regard to its -treaties, its commerce, its duties, or its character. - -(The extracts.) - -Here, then, is the proof of the fact that, ten years ago, and -without a word of explanation with Mexico, or any request from -Texas--without the least notice to the American people, or time for -deliberation among ourselves, or any regard to existing commerce--he -was for plunging us into instant war with Mexico. I say, instant -war; for Mexico and Texas were then in open war; and to incorporate -Texas, was to incorporate the war at the same time. All this the -senator was then for, immediately after his own gratuitous cession -of Texas, and long before the invention of the London abolition -plot came so opportunely to his aid. Promptness and unanimity were -then his watchwords. Immediate action--action before Congress -adjourned--was his demand. No delay. Delays were dangerous. We -must vote, and vote unanimously, and promptly. I well remember the -senator's look and attitude on that occasion--the fixedness of -his look, and the magisteriality of his attitude. It was such as -he often favors us with, especially when he is in a "crisis," and -brings forward something which ought to be instantly and unanimously -rejected--as when he brought in his string of abstractions on -Thursday last. So it was in 1836--prompt and unanimous action, and a -look to put down opposition. But the Senate was not looked down in -1836. They promptly and unanimously refused the senator's motion! -and the crisis and the danger--good-natured souls!--immediately -postponed themselves until wanted for another occasion. - -The peace of the country was then saved; but it was a respite -only; and the speech of the senator from South Carolina, brief as -it was, becomes momentous as foreshadowing every thing that has -subsequently taken place in relation to the admission of Texas. -In this brief speech we have the shadows of all future movements, -coming in procession--in advance of the events. In the significant -intimation, qualified with the if----"_the Texians prudently managed -their affairs, they (the Senate) might soon be called upon to -decide the question of admission_." In that pregnant and qualified -intimation, there was a visible doubt that the Texians might _not_ -be prudent enough to manage their own affairs, and might require -help; and also a visible feeling of that paternal guardianship -which afterward assumed the management of their affairs for them. -In the admonitions to unanimity, there was that denunciation of -any difference of opinion which afterwards displayed itself in the -ferocious hunting down of all who opposed the Texas treaty. In the -reference to southern slavery, and annoyance to slave property from -Texas, we have the germ of the "_self-defence_" letter, and the -first glimpse of the abolition plot of John Andrews, Ashbel Smith, -Lord Aberdeen--I beg pardon of Lord Aberdeen for naming him in -such a connection--and the World's Convention, with which Mexico, -Texas, and the United States were mystified and bamboozled in April, -1844. And, in the interests of the manufacturing and navigating -States of the north and east, as connected with Texas admission, we -have the text of all the communications to the agent, Murphy, and -of all the letters and speeches to which the Texas question, seven -years afterwards, gave rise. We have all these subsequent events -here shadowed forth. And now, the wonder is, why all these things -were not foreseen a little while before, when Texas was being ceded -to a non-slaveholding empire? and why, after being so imminent and -deadly in May, 1836, all these dangers suddenly went to sleep, and -never waked up again until 1844? These are wonders; but let us not -anticipate questions, and let us proceed with the narrative. - -The Congress of 1836 would not admit Texas. The senator from South -Carolina became patient: the Texas question went to sleep; and for -seven good years it made no disturbance. It then woke up, and with a -suddenness and violence proportioned to its long repose. Mr. Tyler -was then President: the senator from South Carolina was potent under -his administration, and soon became his Secretary of State. All the -springs of intrigue and diplomacy were immediately set in motion -to resuscitate the Texas question, and to re-invest it with all -the dangers and alarms which it had worn in 1836. Passing over all -the dangers of annoyance from Texas as possibly non-slaveholding, -_foreseen_ by the senator in 1836, and not foreseen by him in -1819, with all the need for guardianship then foreshadowed, and -all the arguments then suggested: all these immediately developed -themselves, and intriguing agents traversed earth and sea, from -Washington to Texas, and from London to Mexico:--passing over all -this, as belonging to a class of evidence, not now to be used, I -come at once to the letter of the 17th of January, from the Texian -minister to Mr. Upshur, the American Secretary of State; and the -answer to that letter by Mr. CALHOUN, of April 11th of the same -year. They are both vital in this case; and the first is in these -words: - -(The letter.) - -This letter reveals the true state of the Texian question in -January, 1844, and the conduct of all parties in relation to it. -It presents Texas and Mexico, weary of the war, reposing under -an armistice, and treating for peace; Great Britain and France -acting the noble part of mediators, and endeavoring to make peace: -our own government secretly intriguing for annexation, acting the -wicked part of mischief-makers, and trying to renew the war; and -the issue of its machinations to be unsuccessful unless the United -States should be involved in the renewed hostilities. That was the -question; and the letter openly puts it to the American Secretary -of State. The answer to that question, in my opinion, should have -been, that the President of the United States did not know of the -armistice and the peace negotiations at the time that he proposed to -Texas to do an act which would be a perfidious violation of those -sacred engagements, and bring upon herself the scourge of renewed -invasion and the stigma of perfidy--that he would not have made -such a proposal for the whole round world, if he had known of the -armistice and the peace negotiations--that he wished success to the -peace-makers, both for the sake of Mexico and Texas, and because -Texas could then come into the Union without the least interruption -to our friendly, commercial, and social relations with our sister -republic of Mexico; and that, as to secretly lending the army and -navy of the United States to Texas to fight Mexico while we were at -peace with her, it would be a crime against God, and man, and our -own constitution, for which heads might be brought to the block, -if presidents and their secretaries, like constitutional kings and -ministers, should be held capitally responsible for capital crimes. -This, in my opinion, should have been the answer. - -Mr. Nelson refused to lend the army and navy, because to do so was -to violate our own constitution. This is very constitutional and -proper language: and if it had not been reversed, there would have -been no war with Mexico. But it was reversed. Soon after it was -written, the present senator from South Carolina took the chair of -the Department of State. Mr. Pinckney Henderson, whom Mr. Murphy -mentions as coming on with full powers, on the faith of the pledge -he had given, arrived also, and found that pledge entirely cancelled -by Mr. Tyler's answer through Mr. Nelson; and he utterly refused to -treat. The new secretary was in a strait; for time was short, and -Texas must be had; and Messrs. Henderson and Van Zandt would not -even begin to treat without a renewal of the pledge given by Mr. -Murphy. That had been cancelled in writing, and the cancellation -had gone to Texas, and had been made on high constitutional -ground. The new secretary was profuse of verbal assurances, and -even permitted the ministers to take down his words in writing, -and read them over to him, as was shown by the senator from Texas -(General Houston) when he spoke on this subject on Thursday last. -But verbal assurances, or memoranda of conversations, would not do. -The instructions under which the ministers acted required the pledge -to be in writing, and properly signed. The then President, present -senator from Texas, who had been a lawyer in Tennessee before he -went to Texas, seemed to look upon it as a case under the statute -of frauds and perjuries--a sixth case added to the five enumerated -in that statute--in which the promise is not valid, unless reduced -to writing, and signed by the person to be charged therewith, -or by some other person duly authorized by him to sign for him. -The firmness of the Texian ministers, under the instructions of -President Houston, prevailed; and at last, and after long delay, the -secretary wrote, and signed the pledge which Murphy had given, and -in all the amplitude of his original promise. - -The promise was clear and explicit to lend the army and navy to -the President of Texas, to fight the Mexicans while they were at -peace with us. That was the point--at peace with us. Mr. Calhoun's -assumpsit was clear and explicit to that point; for the cases in -which they were to fight were to be before the ratification of the -treaty by the Senate, and consequently before Texas should be in our -Union, and could be constitutionally defended as a part of it. And, -that no circumstance of contradiction or folly should be wanting -to crown this plot of crime and imbecility, it so happened that on -the same day that our new secretary here was giving his written -assumpsit to lend the army and navy to fight Mexico while we were -at peace with her, the agent Murphy was communicating to the Texian -government, in Texas, the refusal of Mr. Tyler, through Mr. Nelson, -to do so, because of its unconstitutionality. - -In conformity with the secretary's letter of April 11th, detachments -of the army and navy were immediately sent to the frontiers of -Texas, and to the coast of Mexico. The senator from South Carolina, -in his colloquy with the senator from Texas (General Houston), on -Thursday last, seemed anxious to have it understood that these land -and naval forces were not to _repel_ invasions, but only to _report_ -them to our government, for its report to Congress. The paper read -by the senator from Texas, consisting of our secretary's words, -taken down in his presence, and read over to him for his correction -by the Texian ministers, establishes the contrary, and shows that -the repulse of the invasion was in the mean time to be made. And in -fact, any other course would have been a fraud upon the promise. -For, if the invasion had to be made known at Washington, and the -sense of Congress taken on the question of repelling it, certainly, -in the mean time, the mischief would have been done--the invasion -would have been made; and, therefore, to be consistent with himself, -the President in the mean time was bound to repel the invasion, -without waiting to hear what Congress would say about it. And this -is what he himself tells us in his two messages to the Senate, -of the 15th and 31st of May, doubtless written by his Secretary -of State, and both avowing and justifying his intention to fight -Mexico, in case of invasion, while the treaty of annexation was -depending, without awaiting the action of Congress. - -(The message.) - -Here are the avowals of the fact, and the reasons for it--that -honor required us to fight for Texas, if we intrigued her into a -war. I admit that would be a good reason between individuals, and -in a case where a big bully should involve a little fellow in the -fight again after he had got himself parted; but not so between -nations, and under our constitution. The engagement to fight Mexico -for Texas, while we were at peace with Mexico, was to make war with -Mexico!--a piece of business which belonged to the Congress, and -which should have been referred to them! and which, on the contrary, -was concealed from them, though in session, and present! and the -fact only found out after the troops had marched, and then by dint -of calls from the Senate. - -The proof is complete that the loan of the land and naval forces was -to fight Mexico while we were at peace with her! and this becomes a -great turning point in the history of this war. Without this pledge -given by our Secretary of State--without his reversal of Mr. Tyler's -first decision--there could have been no war! Texas and Mexico -would have made peace, and then annexation would have followed of -itself. The victor of San Jacinto, who had gone forth and recovered -by the sword, and erected into a new republic the beautiful domain -given away by our secretary in 1819, was at the head of the Texas -government, and was successfully and honorably conducting his -country to peace and acknowledged independence. If let alone, he -would have accomplished his object; for he had already surmounted -the great difficulty of the first step--the armistice and the -commencement of peace negotiations; and under the powerful mediation -of Great Britain and France, the establishment of peace was certain. -A heavenly benediction rests upon the labors of the peacemaker; and -what is blessed of God must succeed. At all events, it does not -lie in the mouth of any man--and least of all, in the mouth of the -mischief-maker--to say that the peaceful mediation would not have -succeeded. It was the part of all men to have aided, and wished, and -hoped for success; and had it not been for our secretary's letter -of April 11th, authentic facts warrant the assertion that Texas and -Mexico would have made peace in the spring of 1844. Then Texas would -have come into this Union as naturally, and as easily, and with as -little offence to any body, as Eve went into Adam's bosom in the -garden of Eden. There would have been no more need for intriguing -politicians to get her in, by plots and tricks, than there was -for some old hag of a match-making beldame, with her arts and -allurements, her philters and her potions, to get Eve into Adam's -bosom. And thus, the breaking up of the peace negotiations becomes -the great turning point of the problem of the Mexican war. - -The pledge of the 11th of April being _signed_, the treaty was -_signed_, and being communicated to the Senate, it was _rejected_: -and the great reason for the rejection was that the ratification -of the treaty would have been WAR with Mexico! an act which the -President and Senate together, no more than President Tyler and his -Secretary of State together, had the power to make. - -The treaty of annexation was signed, and in signing it the -secretary knew that he had made war with Mexico. No less than three -formal notices were on file in the Department of State, in which -the Mexican government solemnly declared that it would consider -annexation as equivalent to a declaration of war; and it was in -allusion to these notices that the Secretary of State, in his -notification to Mexico of the signature of the treaty, said it had -been signed IN FULL VIEW OF ALL POSSIBLE CONSEQUENCES! meaning war -as the consequence! At the same time, he suited the action to the -word; he sent off detachments of the army and navy, and placed them -under the command of President Houston, and made him the judge of -the emergencies and exigencies in which they were to fight. This -authority to the President of Texas was continued in full force -until after the rejection of the treaty, and then only modified by -placing the American diplomatic agent in Texas between President -Houston and the naval and military commanders, and making him the -medium of communication between a foreign President and our forces; -but the forces themselves were not withdrawn. They remained on -the Texian and Mexican frontier, waiting for the _exigencies_ and -_emergencies_ in which they were to fight. During all that time -a foreign President was commander-in-chief of a large detachment -of the army and navy of the United States. Without a law of -Congress--without a nomination from the President and confirmation -by the Senate--without citizenship--without the knowledge of the -American people--he was president-general of our land and sea -forces, made so by the senator from South Carolina, with authority -to fight them against Mexico with whom we were at peace--an office -and authority rather above that of lieutenant-general!--and we are -indebted to the forbearance and prudence of President Houston for -not incurring the war in 1844, which fell upon us in 1846. This is a -point--this secret and lawless appointment of this president-general -to make war upon Mexico, while we were at peace with her--on which -I should like to hear a constitutional argument from the senator -from South Carolina, showing it to be constitutional and proper, -and that of the proposed lieutenant-general unconstitutional and -improper; and upon which he has erected himself into the _foreman_ -of the grand-jury of the whole American people, and pronounced a -unanimous verdict for them before he had time to hear from the -ten-thousandth part of them. - -The treaty was rejected by the Senate; but so apprehensive was the -senator of immediate war, that, besides keeping the detachments -of the army and navy at their posts, a messenger was despatched -with a deprecatory letter to Mexico, and the offer of a large sum -of money (ten millions of dollars) to purchase peace from her, by -inducing her to treat for a boundary which would leave Texas within -our limits. This was report: and I would not mention it, if the -senator was not present to contradict it, if not correct. Report at -the time said from five to ten millions of dollars: from one of Mr. -Shannon's letters, we may set it down at ten millions. Be it either -sum, it will show that the senator was then secretly willing to pay -an immense sum to pacify Mexico, although he now declares that he -does not know how he will vote in relation to the three millions -responsibly asked by Mr. Polk. - -The secretary knew that he had made war with Mexico--that in -accepting the gage three times laid down, he had joined an issue -which that compound of Celtic and Roman blood, called Spanish, would -redeem. I knew it, and said it on this floor, in secret session--for -I did not then choose to say it in public--that if there was but -one man of that blood in all Mexico, and he no bigger than General -Tom Thumb, he would fight. Senators will recollect it. [Mr. Mangum -nodded assent.] - -I now come to the last act in this tragedy of errors--the -alternative resolutions adopted by Congress in the last days of -the session of 1844-'45, and in the last moments of Mr. Tyler's -administration. A resolve, single and absolute, for the admission -of Texas as a State of this Union, had been made by the House of -Representatives; it came to this body; and an alternative resolution -was added, subject to the choice of the President, authorizing -negotiations for the admission, and appropriating one hundred -thousand dollars to defray the expenses of these negotiations. A -senator from North Carolina, not now a member of this body, but who -I have the pleasure to see sitting near me (Mr. Haywood), knows -all about that alternative resolution; and his country owes him -good thanks for his labors about it. It was considered by every -body, that the choice between these resolutions belonged to the new -President, who had been elected with a special view to the admission -of Texas, and who was already in the city, awaiting the morning of -the 4th of March to enter upon the execution of his duties; and upon -whose administration all the evils of a mistake in the choice of -these resolutions were to fall. We all expected the question to be -left open to the new President; and so strong was that expectation, -and so strong the feeling against the decency or propriety of -interference on the part of the expiring administration, to snatch -this choice out of the hands of Mr. Polk, that, on a mere suggestion -of the possibility of such a proceeding, in a debate on this floor, -a senator standing in the relation personally, and politically, -and locally to feel for the honor of the then Secretary of State, -declared they would not have the audacity to do it. Audacity was -his word: and that was the declaration of a gentleman of honor and -patriotism, no longer a member of this body, but who has the respect -and best wishes of all who ever knew him. I speak of Mr. McDuffie, -and quote his words as heard at the time, and as since printed and -published by others. Mr. McDuffie was mistaken! They did have the -audacity! They did do it, or rather, HE did it (looking at Mr. -Calhoun); for it is incontestable that Mr. Tyler was nothing, in -any thing that related to the Texas question, from the time of the -arrival of his last Secretary of State. His last act, in relation -to Texas, was the answer which Mr. Nelson gave for him through the -agent, Murphy, denying his right to lend our forces to the President -of Texas to fight the Mexicans while we were at peace with them: -the reversal of that answer by his new secretary was the extinction -of his power over the Texas question. He, the then Secretary of -State, the present senator from South Carolina, to whom I address -myself, did it. On Sunday, the second day of March--that day which -preceded the last day of his authority--and on that day, sacred -to peace--the council sat that acted on the resolutions--and in -the darkness of a night howling with the storm, and battling with -the elements, as if Heaven warred upon the audacious act (for well -do I remember it), the fatal messenger was sent off which carried -the selected resolution to Texas. The exit of the secretary from -office, and the start of the messenger from Washington, were -coetaneous--twin acts--which come together, and will be remembered -together. The act was then done: Texas was admitted: all the -consequences of admission were incurred--and especially that -consequence which Mr. de Bocanegra had denounced, and which our -secretary had accepted--WAR. The state of war was established--the -_status belli_ was created--and that by the operation of our own -constitution, as well as by the final declaration of Mexico: for -Texas then being admitted into the Union, the war with her extended -to the whole Union; and the duty of protecting her, devolved upon -the President of the United States. The selection of the absolute -resolution exhausted our action: the alternative resolution for -negotiation was defunct: the only mode of admission was the absolute -one, and it made war. The war was made to Mr. Polk's hands: his -administration came into existence with the war upon its hands, and -under the constitutional duty to protect Texas at the expense of -war with Mexico: and to that point, all events rapidly tended. The -Mexican minister, General Almonte, who had returned to Washington -city after the rejection of the treaty of annexation, demanded -his passports, and left the United States. The land forces which -had been advanced to the Sabine, were further advanced to Corpus -Christi; the Mexican troops moved towards the Rio Grande: the fleet -which remained at Vera Cruz, continued there: commerce died out: the -citizens of each country left the other, as far as they could: angry -denunciations filled the press of each country: and when a minister -was sent from the United States, his reception was refused. The -state of war existed legally: all the circumstances of war, except -the single circumstance of bloodshed, existed at the accession of -Mr. Polk; and the two countries, Mexico and the United States, stood -in a relation to each other impossible to be continued. The march -upon the Rio Grande brought on the conflict--made the collision of -arms--but not the war. The war was prepared, organized, established -by the Secretary of State, before he left the department. It was his -legacy to the democracy, and to the Polk administration--his last -gift to them, in the moment of taking a long farewell. And now he -sets up for a man of peace, and throws all the blame of war upon Mr. -Polk, to whom he bequeathed it. - -Cicero says that Antony, flying from Rome to the camp of Caesar in -Cisalpine Gaul, was the cause of the civil war which followed--as -much so as Helen was of the Trojan war. _Ut Helena Trojanis, sic -iste huic reipublica causa belli--causa pestis atque exitii fuit._ -He says that that flight put an end to all chance of accommodation; -closed the door to all conciliation; broke up the plans of all -peaceable men; and by inducing Caesar to break up his camp in Gaul, -and march across the Rubicon, lit up the flames of civil war in -Italy. In like manner, I say that the flight of the winged messenger -from this capital on the Sunday night before the 3d of March, -despatched by the then Secretary of State, in the expiring moment of -his power, and bearing his fatal choice to the capital of Texas, was -the direct cause of the war with Mexico in which we are now engaged. -Like the flight of Antony, it broke up the plans of all peaceable -men, slammed the door upon negotiations, put an end to all chance -for accommodation, broke up the camp on the Sabine, sent the troops -towards Mexico, and lit up the war. Like Antony and Helen, he made -the war; unlike Antony, he does not stand to it; but, copying rather -the conduct of the paramour of Helen, he flies from the conflict -he has provoked! and, worse than Paris, he endeavors to draw along -with him, in his own unhappy flight, the whole American host. Paris -fled alone at the sight of Menelaus: the senator from South Carolina -urges us all to fly at the sight of Santa Anna. And, it may be, that -worse than Paris again, he may refuse to return to the field. Paris -went back under the keen reproach of Hector, and tried to fight: - - "For thee the soldier bleeds, the matron mourns, - And wasteful war in all its fury burns." - -Stung with this just and keen rebuke--this vivid picture of the ruin -he had made--Paris returned to the field, and tried to fight: and -now, it remains to be seen whether the senator from South Carolina -can do the same, on the view of the ruin which he has made: and, -if not, whether he cannot, at least, cease to obstruct the arms of -others--cease to labor to involve the whole army in his own unmanly -retreat. - -Upon the evidence now given, drawn from his public official acts -alone, he stands the undisputed author and architect of that -calamity. History will so write him down. Inexorable HISTORY, with -her pen of iron and tablets of brass, will so write him down: and -two thousand years hence, and three thousand years hence, the boy at -his lesson shall learn it in the book, that as Helen was the cause -of the Trojan, and Antony the cause of the Roman civil war, and Lord -North made the war of the Revolution, just so certainly is JOHN C. -CALHOUN the author of the present war between the United States and -Mexico. - -He now sets up for the character of pacificator--with what justice, -let the further fact proclaim which I now expose. Three hundred -newspapers, in the summer of 1844, in the pay of the administration -and Department of State, spoke the sentiments of the Department of -State, and pursued as traitors to the United States all who were for -the peaceable annexation of Texas by settling the boundary line of -Texas with Mexico simultaneously with the annexation. Here is the -instruction under which the three hundred acted: - - "As the conductor of the official journal here, he has requested - me to answer it (your letter), which request I comply with - readily. With regard to the course of your paper, you can take - the tone of the administration from the * * * *. I think, - however, and would recommend that you would confine yourself to - attacks upon Benton, showing that he has allied himself with the - whigs on the Texas question. Quote Jackson's letter on Texas, - where he denounces all those as traitors to the country who - oppose the treaty. Apply it to Benton. Proclaim that Benton, by - attacking Mr. Tyler and his friends, and driving them from the - party, is aiding the election of Mr. Clay; and charge him with - doing this to defeat Mr. Polk, and insure himself the succession - in 1848; and claim that full justice be done to the acts and - motives of John Tyler by the leaders. Harp upon these strings. - Do not propose the union; 'it is the business of the democrats - to do this, and arrange it to our perfect satisfaction.' _I - quote here_ from our leading friend at the South. Such is - the course which I recommend, and which you can pursue or not, - according to your real attachment to the administration. Look - out for my leader of to-morrow as an indicator, and regard - this letter as of the most strict and inviolate confidence of - character." - -I make no comment on this letter, nor read the other parts of it: -a time will come for that. It is an original, and will keep, and -will prove itself. I merely read a paragraph now, to show with what -justice the person who was in the Department of State when these -three hundred newspapers in its pay were thus attacking the men of -peace, now sets up for the character of pacificator! - -Mr. CALHOUN. Does he intend to say that I ever wrote such a letter? - -Mr. BENTON. I read it. I say nothing. - -Mr. CALHOUN. I never wrote such a letter as that! - -Mr. BENTON. I have not said so. - -Mr. CALHOUN. I take this occasion to say that I never exercised -the slightest influence over that paper. I never had the slightest -connection with it. I never was a subscriber to it, and I very -rarely read it. - -Mr. BENTON. It was the work of one of the organs of the -administration, not John Jones, not the _Madisonian_; and the -instruction was followed by three hundred newspapers in the pay of -the Department of State. - -I have now finished what I proposed to say, at this time, in -relation to the authorship of this war. I confine myself to the -official words and acts of the senator, and rely upon them to show -that he, and not Mr. Polk, is the author of this calamity. But, -while thus presenting him as the author of the war, I do not believe -that war was his object, but only an incident to his object; and -that all his conduct in relation to the admission of Texas refers -itself to the periods of our presidential elections, and to some -connection with those elections, and explains his activity and -inactivity on those occasions. Thus, in May, 1836, when he was in -such hot and violent haste for immediate admission, the election of -that year was impending, and Mr. Van Buren the democratic candidate; -and if the Texas question could then have been brought up, he -might have been shoved aside just as easily as he was afterwards, -in 1844. This may explain his activity in 1836. In 1840, the -senator from South Carolina was a sort of a supporter of Mr. Van -Buren, and might have thought that one good turn deserves another; -and so nothing was said about Texas at that election--dangerous -as was the least delay four years before; and this may explain -the inactivity of 1840. The election of 1844 was coming on, and -the senator from South Carolina was on the turf himself; and then -the Texas question, with all its dangers and alarms, which had so -accommodatingly postponed themselves for seven good years, suddenly -woke up; and with an activity and vigor proportioned to its long -repose. Instant admission, at all hazards, and at the expense of -renewing hostilities between Mexico and Texas, and involving the -United States in them, became indispensable--necessary to our own -salvation--a clear case of self-defence; and then commenced all -those machinations which ended in the overthrow of Mr. Van Buren -and Mr. Clay for the presidency, and in producing the present war -with Mexico; but without making the senator President. And this may -explain his activity in 1844. Now, another presidential election is -approaching; and if there is any truth in the rule which interprets -certain gentlemen's declarations by their contraries, he will be a -candidate again: and this may explain the reasons of the production -of that string of resolutions which the senator laid upon the table -last week; and upon which he has required us to vote instantly, -as he did in the sudden Texas movement of 1836, and with the same -magisterial look and attitude. The Texas slave question has gone -by--the Florida slave question has gone by--there is no chance for -it now in any of its old haunts: hence the necessity for a new -theatre of agitation, even if we have to go as far as California for -it, and before we have got California. And thus, all the senator's -conduct in relation to Texas, though involving his country in war, -may have had no other object than to govern a presidential election. - -Our northern friends have exceeded my hopes and expectations in -getting themselves and the Union safe through the Texas and Florida -slave questions, and are entitled to a little repose. So far from -that, they are now to be plunged into a California slave question, -long before it could arise of itself, if ever. The string of -resolutions laid on the table by the senator from South Carolina is -to raise a new slave question on the borders of the Pacific Ocean, -which, upon his own principles, cannot soon occur, if ever. He will -not take the country by conquest--only by treaty--and that treaty to -be got by sitting out the Mexicans on a line of occupation. At the -same time, he shows that he knows that Spanish blood is good at that -game, and shows that they sat it out, and fought it out, for 800 -years, against the Moors occupying half their country. By-the-by, it -was only 700; but that is enough; one hundred years is no object in -such a matter. The Spaniards held out 700 years against the Moors, -holding half their country, and 300 against the Visigoths, occupying -the half of the other half; and, what is more material, whipped -them both out at the end of the time. This is a poor chance for -California on the senator's principles. His five regiments would be -whipped out in a fraction of the time; but no matter; men contend -more violently for nothing than for something, and if he can get up -a California slave question now, it will answer all the purposes of -a reality, even if the question should never arise in point of fact. - -The Senator from South Carolina has been wrong in all this business, -from beginning to ending--wrong in 1819, in giving away Texas--wrong -in 1836, in his sudden and hot haste to get her back--wrong in all -his machinations for bringing on the Texas question of 1844--wrong -in breaking up the armistice and peace negotiations between Mexico -and Texas--wrong in secretly sending the army and navy to fight -Mexico while we were at peace with her--wrong in secretly appointing -the President of Texas president-general of the army and navy of -the United States, with leave to fight them against a power with -whom we were at peace--wrong in writing to Mexico that he took -Texas in view of all possible consequences, meaning war--wrong in -secretly offering Mexico, at the same time, ten millions of dollars -to hush up the war which he had created--wrong now in refusing -Mr. Polk three millions to aid in getting out of the war which he -made--wrong in throwing the blame of this war of his own making upon -the shoulders of Mr. Polk--wrong in his retreat and occupation line -of policy--wrong in expelling old Father Ritchie from the Senate, -who worked so hard for him during the Texas annexation--and more -wrong now than ever, in that string of resolutions which he has laid -upon the table, and in which, as Sylla saw in the young Caesar many -Mariuses, so do I see in them many nullifications. - -In a picture of so many and such dreadful errors, it is hard to -specify the worst, or to dwell upon any one to the exclusion of -the rest; but there is one feature in this picture of enormities -which seems entitled to that distinction: I allude to the pledge -upon which the armistice and the peace negotiations between Mexico -and Texas were broken up in 1844, and those two countries put back -into a state of war, and ourselves involved in the contest. The -story is briefly told, and admits of no dispute. The letter of 17th -of January is the accusing record, from which there is no escape. -Its awful words cannot be read now without freezing up the blood: -"It is known to you that an armistice exists between Mexico and -Texas, and that negotiations for peace are now going on under the -mediation of two powerful sovereigns, mutually friendly. If we yield -to your solicitation to be annexed to the United States, under these -circumstances, we shall draw upon ourselves a fresh invasion from -Mexico, incur the imputation of bad faith, and lose the friendship -and respect of the two great mediating powers. Now, will you, in -the event of our acceding to your request, step between us and -Mexico and take the war off our hands?" This was the letter, and -the terrible question with which it concluded. Mr. Upshur, to whom -it was addressed, gave it no answer. In the forty days that his -life was spared, he gave it no answer. Mr. Nelson, his temporary -successor, gave it an answer; and, speaking for the President of -the United States, positively refused to take annexation on the -awful terms proposed. This answer was sent to Texas, and put an end -to all negotiation for annexation. The senator from South Carolina -came into the Department of State, procured the reversal of the -President's decision, and gave the pledge to the whole extent that -Texas asked it. Without, in the least denying the knowledge of the -armistice, and the negotiations for peace, and all the terrible -consequences which were to result from their breach, he accepts -the whole, and gives the fatal pledge which his predecessors had -refused: and follows it up by sending our troops and ships to fight -a people with whom we were at peace--the whole veiled by the mantle -of secrecy, and pretexted by motives as unfounded as they were -absurd. Now, what says morality and Christianity to this conduct? -Certainly, if two individuals were engaged in strife, and two others -should part them, and put them under an agreement to submit to an -amicable settlement: and while the settlement was going on, another -man, lying behind a hedge, should secretly instigate one of the -parties to break off the agreement and renew the strife, and promise -to take the fight off his hands if he did: what would morality and -Christianity say to this? Surely the malediction of all good men -would fall upon the man who had interfered to renew the strife. -And if this would be the voice of all good men in the case of mere -individuals, what would it be when the strife was between nations, -and when the renewal of it was to involve a third nation in the -contest, and such a war as we now have with our sister republic of -Mexico? This is the feature which stands out in the awful picture: -this is the question which now presents itself to the moral sense -of the civilized world, in judging the conduct of the senator from -South Carolina in writing that letter of the 11th of April, 1844, -aggravated by now throwing upon another the blame of a war for which -he then contracted. - - - - -CHAPTER CL. - -MR. POLK'S INAUGURAL ADDRESS, AND CABINET. - - -This was the longest address of the kind which had yet been -delivered, and although condemned by its nature to declarations of -general principles, there were some topics on which it dwelt with -more particularity. The blessings of the Union, and the necessity -of its preservation were largely enforced, and not without point, -considering recent manifestations. Our title to the Oregon Territory -was asserted as clear and indisputable, and the determination -avowed to protect our settlers there. The sentiments were good, -but the necessity or propriety of avowing them so positively, was -quite questionable, seeing that this title was then a subject -of negotiation with Great Britain, upon the harmony of which a -declaration so positive might have an ill effect: and in fact did. -The return voice from London was equally positive on the other side; -and the inevitability of war became the immediate cry. The passage -by Congress of the Texas annexation resolution was dwelt upon with -great exultation, and the measure considered as consummated from the -real disposition of Texas for the measure, and her great desire to -get a partner in the war with Mexico, which would take its expenses -and burdens off her hands. - -The cabinet ministers were nominated and confirmed the same -day--the Senate, as always, being convened on the 4th day of March -for that purpose: James Buchanan, of Pennsylvania, Secretary of -State; Robert J. Walker, of Mississippi, Secretary of the Treasury; -William L. Marcy, of New York, Secretary at War; George Bancroft, of -Massachusetts, Secretary of the Navy; Cave Johnson, of Tennessee, -Postmaster-general; John Y. Mason, of Virginia, Attorney-general. -The last was the only one retained of the late cabinet. Mr. Calhoun -expected to be, and desired it, to prosecute, as he said, the -Oregon negotiations, which he had commenced; and also to continue -a certain diplomatic correspondence with France, on the subject of -slavery, which he opened through Wm. R. King--greatly to the puzzle -of the King, Louis Phillippe, and his ministers. In place of the -State Department he was offered the mission to London, which he -refused; and the same being offered to his friend, Mr. Francis W. -Pickens, it was refused by him also: and the word became current, -and was justified by the event, that neither Mr. Calhoun, nor any -of his friends, would take office under this administration. In -other respects, there was some balk and change after the cabinet had -been agreed upon--which was done in Tennessee. General William O. -Butler, the particular friend of General Jackson, had been brought -on to receive the place of Secretary at War. He came in company -with the President elect, at his special request, from Louisville, -Kentucky, and was not spared to stop at his own house to get his -wardrobe, though in sight of it: he was thrown out by the effect -of a circuitous arrangement of which Mr. Polk was the dupe, and -himself the victim. In the original cast of the cabinet, Mr. Silas -Wright, the Governor elect of New York, and to whom Mr. Polk was -indebted for his election, was to be Secretary of the Treasury. It -was offered to him. He refused it, as he did all office: it was -then intended for Mr. Azariah Flagg, the able and incorruptible -comptroller of New York, the friend of Wright and Van Buren. He was -superseded by the same intrigue which displaced General Butler. -Mr. Robert J. Walker had been intended for Attorney-general: he -brought an influence to bear upon Mr. Polk, which carried him into -the Treasury. That displaced Mr. Flagg. But New York was not a -State to be left out of the cabinet, and no place could be made for -her except in the War Department; and Mr. Van Buren and Governor -Wright were notified accordingly, with the intimation that the place -belonged to one of their friends; and to name him. They did so -upon the instant, and named Mr. Benjamin F. Butler; and, beginning -to be a little suspicious, and to guard against all danger of -losing, or delaying the name on the road, a special messenger was -despatched to Washington, to travel day and night, and go straight -to the President, and deposit the name in his hands. The messenger -did so--and was informed that he was fifteen minutes too late! -that the place had been assigned to Mr. Wm. L. Marcy. And that was -the beginning of the material damage (not in Kossuth's sense of -the word), which Mr. Polk's administration did to Mr. Van Buren, -Governor Wright, and their friends. - - - - -CHAPTER CLI. - -MR. BLAIR AND THE GLOBE SUPERSEDED AS THE ADMINISTRATION ORGAN: MR. -THOMAS RITCHIE AND THE DAILY UNION SUBSTITUTED. - - -It was in the month of August, 1844, that a leading citizen of -South Carolina, and a close friend of Mr. Calhoun--one who had been -at the Baltimore presidential convention, but not in it--arrived -at Mr. Polk's residence in Tennessee, had interviews with him, -and made known the condition on which the vote of South Carolina -for him might be dependent. That condition was to discontinue Mr. -Blair as the organ of the administration if he should be elected. -The electoral vote of the State being in the hands of the General -Assembly, and not in the people, was disposable by the politicians, -and had been habitually disposed of by them--and even twice thrown -away in the space of a few years. Mr. Polk was certain of the vote -of the State if he agreed to the required condition: and he did -so. Mr. Blair was agreed to be given up. That was propitiation to -Mr. Calhoun, to whom Mr. Blair was obnoxious on account of his -inexorable opposition to nullification, and its author. Mr. Blair -was also obnoxious to Mr. Tyler because of his determined opposition -both to him, and to his administration. The Globe newspaper was a -spear in his side, and would continue to be so; and to get it out -had been one of the anxieties and labors of his presidential life. -He had exhausted all the schemes to quiet, or to gain it, without -success. A printing job of twenty thousand dollars had been at one -time given to his office, with the evident design to soften him: to -avoid that suspicion he struck the harder; and the job was taken -away when partly executed. It now became the interest of Mr. Polk -to assist Mr. Tyler in silencing, or punishing that paper; and it -was done. Mr. Tyler had accepted the nomination of his convention -for the presidency, and was in the field with an array of electoral -candidates struggling for it. He stood no chance to obtain a single -electoral vote: but Mr. Polk was in no condition to be able to lose -any part of the popular vote. Mr. Tyler, now fully repudiated by -the whigs, and carrying democratic colors, and with the power and -patronage of the federal government in his hands, would take off -some votes--enough in a closely contested State to turn the scale in -favor of Mr. Clay. Hence it became essential to get Mr. Tyler out of -the way of Mr. Polk; and to do that, the condition was, to get Mr. -Blair out of the way of Mr. Tyler. Mr. Polk was anxious for this. A -friend of his, who afterwards became a member of his cabinet, wrote -to him in July, that the main obstacle to Mr. Tyler's withdrawal -was the course of the Globe towards him and his friends. Another of -those most interested in the result urged Mr. Polk to devise some -mode of inducing Mr. Tyler to withdraw, and General Jackson was -requested "_to ascertain the motives which actuated the course of -the Globe towards Mr. Tyler and his friends_." These facts appear -in a letter from Mr. Polk to General Jackson, in which he says to -him: "_The main object in the way of Mr. Tyler's withdrawal, is -the course of the Globe towards himself and his friends._" These -communications took place in the month before the South Carolina -gentleman visited Tennessee. Mr. Polk's letter to General Jackson -is dated the 23d of July. In about as short time after that visit -as information could come from Tennessee to Washington, Mr. Tyler -publicly withdrew his presidential pretensions! and his official -paper, the Madisonian, and his supporters, passed over to Mr. Polk. -The inference is irresistible, that the consideration of receiving -the vote of South Carolina, and of getting Mr. Tyler out of the way -of Mr. Polk, was the agreement to displace Mr. Blair as government -editor if he should be elected. - -And now we come to another fact, in this connection, as the phrase -is, about which also there is no dispute; and that fact is this: on -the fourth day of November, 1844, being after Mr. Tyler had joined -Mr. Polk, and when the near approach of the presidential election -authorized reliable calculations to be made on its result, the sum -of $50,000, by an order from the Treasury in Washington, was taken -from a respectable bank in Philadelphia, where it was safe and -convenient for public use, and transferred to a village bank in the -interior of Pennsylvania, where there was no public use for it, and -where its safety was questionable. This appears from the records of -the Treasury. Authentic letters written in December following from -the person who had control of this village bank (Simon Cameron, -Esq., a senator in Congress), went to a gentleman in Tennessee, -informing him that $50,000 was in his hands for the purpose of -establishing a new government organ in Washington City, proposing to -him to be its editor, and urging him to come on to Washington for -the purpose. These letters were sent to Andrew Jackson Donelson, -Esq., connection and ex-private Secretary of President Jackson, -who immediately refused the proffered editorship, and turned over -the letters to General Jackson. His (Jackson's) generous and high -blood boiled with indignation at what seemed to be a sacrifice of -Mr. Blair for some political consideration; for the letters were so -written as to imply a cognizance on the part of Mr. Polk, and of two -persons who were to be members of his cabinet; and that cognizance -was strengthened by a fact unknown to General Jackson, _namely_, -that Mr. Polk himself, in due season, proposed to Mr. Blair to yield -to Mr. Donelson as actual editor--himself writing _sub rosa_; which -Mr. Blair utterly refused. It was a contrivance of Mr. Polk to get -rid of Mr. Blair in compliance with his engagement to Mr. Calhoun -and Mr. Tyler, without breaking with Mr. Blair and his friends; -but he had to deal with a man, and with men, who would have no -such hugger-mugger work; and to whom an open breach was preferable -to a simulated friendship: General Jackson wrote to Mr. Blair to -apprise him of what was going on, and to assure him of his steadfast -friendship, and to let him know that Mr. Ritchie, of the Richmond -Enquirer, was the person to take place on the refusal of Andrew -Jackson Donelson, and to foretell mischiefs to Mr. Polk and his -party if he fell into these schemes, of which Mr. Robert J. Walker -was believed to be the chief contriver, and others of the cabinet -passive instruments. On the 14th of December, 1844, he (General -Jackson) wrote to Mr. Blair: - - "But there is another project on foot as void of good sense and - benefit to the democratic cause as the other, but not as wicked, - proceeding from weak and inexperienced minds. It is this: to - bring about a partnership between you and Mr. Ritchie, you to - continue proprietor, and Ritchie the editor. This, to me, is - a most extraordinary conception coming from any well-informed - mind or experienced politician. It is true, Mr. Ritchie is an - experienced editor, but sometimes goes off at half cock before - he sees the whole ground, and does the party great injury before - he sees his error, and then has great difficulty to get back - into the right track again. Witness his course on my removal - of the deposits, and how much injury he did us before he got - into the right track again. Another _faux pas_ he made when he - went off with Rives and the conservatives, and advocated for - the safe keeping of the public revenue special deposits in the - State banks, as if where the directory were corrupt there could - be any more security in special deposits in corrupt banks than - in general deposits, and it was some time before this great - absurdity could be beat out of his mind. - - "These are visionary measures of what I call weak politicians - who suggest them, but who wish to become great by foolish - changes. Polk, I believe, will stick by you faithfully; should - he not, he is lost; but I have no fears but that he will, and - being informed confidentially of this movement, may have it in - his power to put it _all down_. There will be great intrigue - going on at Washington this winter."--(_Dec. 14, 1844._) - - "I fear there are some of our democratic friends who are trying - to bring about a partnership of which I wrote you, which - shows a want of confidence, or something worse. Be on your - guard--no partnership; you have the confidence of the great - body of the democrats, and I have no confidence in shifting - politicians."--(_December, 21._) - - "Another plan is to get Mr. Ritchie interested as editor of the - Globe--all of which I gave you an intimation of, and which I - thought had been put down. But that any leading Democrat here - had any thought of becoming interested in the Madisonian, to - make it the organ of the administration, was such a thing as - I could not believe; as common sense at once pointed out, as - a consequence that it would divide the democracy, and destroy - Polk's administration. Why, it would blow him up. The moment - I heard it, I adopted such measures as I trust have put an - end to it, as I know nothing could be so injurious to Polk - and his administration. The pretext for this movement will be - the Globe's support of Mr. Wright. _Let me know if there is - any truth in this rumor._ I guarded Colonel Polk against any - abandonment of the Globe. If true, it would place Colonel Polk - in the shoes of Mr. Tyler."--(_February 28, 1845._) - - "I have written a long, candid, and friendly letter to Mr. Polk, - bringing to his view the dilemma into which he has got by some - bad advice, and which his good sense ought to have prevented. - I have assured him of your uniform declarations to me of your - firm support, and of the destruction of the democratic party if - he takes any one but you as the executive organ, until you do - something to violate that confidence which the democracy reposes - in you. I ask in emphatic terms, what cause can he assign for - not continuing your paper, the organ that was mine and Mr. - Van Buren's, whose administration he, Polk, and you hand to - hand supported, and those great fundamental principles you and - he have continued to support, and have told him frankly that - you will never degrade yourself or your paper by submitting - to the terms proposed. I am very sick, exhausted by writing - to Polk, and will write you again soon. I can only add, that, - although my letter to Mr. Polk is both friendly and frank, I - have done justice to you, and I hope he will say at once to - you, go on with my organ as you have been the organ of Jackson - and Van Buren. Should he not, I have told him his fate--a - divided democracy, and all the political cliques looking to the - succession, will annoy and crush him--the fairest prospects of - successful administration by folly and jealousy lost. I would - wish you to inform me which of the heads of the Departments, - if any, are hostile to you. If Polk does not look well to his - course, the divisions in New York and Pennsylvania will destroy - him."--(_April 4, 1845._) - - I wrote you and the President, on the 4th instant, and was in - hopes that my views would open his eyes to his own interests - and union of the democratic party. But from the letters before - me, I suppose my letter to the President will not prevent - that evil to him and the democratic party that I have used - my voice to prevent. I am too unwell to write much to-day. I - have read your letter with care and much interest. I know you - would never degrade yourself by dividing the editorial chair - with any one for any cause. I well know that you never can or - will abandon your democratic principles. You cannot, under - existing circumstances, do any thing to save your character and - democratic principles, and your high standing with all classes - of the democracy, but by selling out your paper. When you sell, - have good security for the consideration money. Ritchie is - greatly involved, if not finally broke; and you know Cameron, - who boasts that he has $50,000 to invest in a newspaper. Under - all existing circumstances, I say to you, sell, and when you do, - I look to a split in the democratic ranks; which I will sorely - regret, and which might have been so easily avoided."--(_April - 7._) - - "I have been quite sick for several days. My mind, since ever - I heard of the attitude the President had assumed with you - as editor of the Globe,--which was the most unexpected thing - I ever met with,--my mind has been troubled, and it was not - only unexpected by me, but has shown less good common sense, - by the President, than any act of his life, and calculated to - divide instead of uniting the democracy; which appears to be - his reason for urging this useless and foolish measure at the - very threshold of his administration, and when every thing - appeared to augur well for, to him, a prosperous administration. - The President, here, before he set out for Washington, must - have been listening to the secret counsels of some political - cliques, such as Calhoun or Tyler cliques (for there are such - here); or after he reached Washington, some of the secret - friends of some of the aspirants must have gotten hold of his - ear, and spoiled his common sense, or he never would have made - such a movement, so uncalled for, and well calculated to sever - the democracy by calling down upon himself suspicions, by the - act of secretly favoring some of the political cliques who are - looking to the succession for some favorite. I wrote him a long - letter on the 4th, telling him there was but one safe course - to pursue--review his course, send for you, and direct you and - the _Globe_ to proceed as the organ of his administration, give - you all his confidence, and all would be well, and end well. - _This is the substance_; and I had a hope the receipt of this - letter, and some others written by mutual friends, would have - restored all things to harmony and confidence again. I rested - on this hope until the 7th, when I received yours of the 30th, - and two confidential letters from the President, directed to be - laid before me, from which it would seem that the purchase of - the _Globe_, and to get clear of you, its editor, is the great - absorbing question before the President. _Well, who is to be the - purchaser?_ Mr. Ritchie and Major A. J. Donelson its editors. - _Query as to the latter._ The above question I have asked the - President. Is that renegade politician, Cameron, who boasts of - his $50,000 to set up a new paper, to be one of them? Or is Knox - Walker to be the purchaser? Who is to purchase? and where is the - money to come from? Is Dr. M. Gwinn, the satellite of Calhoun, - the great friend of Robert J. Walker? a perfect bankrupt in - property. I would like to know what portion of the cabinet are - supporting and advising the President to this course, where - nothing but injury can result to him in the end, and division - in his cabinet, arising from jealousy. What political clique - is to be benefited? My dear friend, let me know all about the - cabinet, and their movements on this subject. How loathsome - it is to me to see an old friend laid aside, principles of - justice and friendship forgotten, and all for the sake of - _policy_--and the great democratic party divided or endangered - for _policy_--I cannot reflect upon it with any calmness; every - point of it, upon scrutiny, turns to harm and disunion, and not - one beneficial result can be expected from it. I will be anxious - to know the result. If harmony is restored, and the _Globe_ the - organ, I will rejoice; if sold to whom, and for what. _Have, - if you sell, the purchase money well secured._ This may be the - last letter I may be able to write you; but live or die, I am - your friend (and never deserted one from _policy_), and leave my - papers and reputation in your keeping."--(_April 9._) - -From these letters it will be seen that General Jackson, after going -through an agony of indignation and amazement at the idea of shoving -Mr. Blair from his editorial chair and placing Mr. Ritchie in it -(and which would have been greater if he had known the arrangement -for the South Carolina vote and the withdrawal of Mr. Tyler), -advised Mr. Blair to sell his Globe establishment, cautioning him to -get good security; for, knowing nothing of the money taken from the -Treasury, and well knowing the insolvency of all who were ostensible -payers, he did not at all confide in their promises to make payment. -Mr. Blair and his partner, Mr. John C. Rives, were of the same mind. -Other friends whom they consulted (Governor Wright and Colonel -Benton) were of the same opinion; and the Globe was promptly sold to -Mr. Ritchie, and in a way to imply rather an abandonment of it than -a sale--the materials of the office being offered at valuation, and -the "name and good will" of the paper left out of the transaction. -The materials were valued at $35,000, and the metamorphosed paper -took the name of the "Daily Union;" and, in fact, some change of -name was necessary, as the new paper was the reverse of the old -one.--In all these schemes, from first to last, to get rid of Mr. -Blair, the design was to retain Mr. Rives, not as any part editor -(for which he was far more fit than either himself or the public -knew), but for his extraordinary business qualities, and to manage -the machinery and fiscals of the establishment. Accustomed to -trafficking and trading politicians, and fortune being sure to the -government editor, it was not suspicioned by those who conducted -the intrigue that Mr. Rives would refuse to be saved at the expense -of his partner. He scorned it! and the two went out together.--The -letters from General Jackson show his appreciation of the services -of the Globe to the country and the democratic party during the -eight eventful years of his presidency: Mr. Van Buren, on learning -what was going on, wrote to Mr. Rives to show his opinion of the -same services during the four years of his arduous administration; -and that letter also belongs to the history of the extinction of -the Globe newspaper--that paper which, for twelve years, had fought -the battle of the country, and of the democracy, in the spirit of -Jackson: that is to say, victoriously and honorably. This letter -was written to Mr. Rives, who, in spite of his modest estimate of -himself, was classed by General Jackson, Mr. Van Buren, and all -their friends, among the wisest, purest, and safest of the party. - - "The Globe has run its career at too critical a period in our - political history--has borne the democratic flag too steadily in - the face of assaults upon popular sovereignty, more violent and - powerful than any which had ever preceded them in this or any - other country, not to have made impressions upon our history and - our institutions, which are destined to be remembered when those - who witnessed its discontinuance shall be no more. The manner - in which it demeaned itself through those perilous periods, and - the repeated triumphs which crowned its labors, will when the - passions of the day have spent their force, be matters of just - exultation to you and to your children. _None have had better - opportunities to witness, nor more interest in observing your - course, than General Jackson and myself; and I am very sure - that I could not, if I were to attempt it, express myself more - strongly in favor of the constancy, fidelity, and ability with - which it was conducted, than he would sanction with his whole - heart._ He would, I have no doubt, readily admit that it would - have been exceedingly difficult, if not impossible, for his - administration to have sustained itself in its contest with a - money power (a term as well understood as that of democrat, - and much better than that of whig at the present day), if the - corruptions which were in those days spread broadcast through - the length and breadth of the land, had been able to subvert - the integrity of the Globe; and I am very certain that the one - over which I had the honor to preside, could never, in such - an event, have succeeded in obtaining the institution of an - independent treasury, without the establishment of which, the - advantages to be derived from the overthrow of the Bank of the - United States will very soon prove to be wholly illusory. The - Bank of the United States first, and afterwards those of the - States, succeeded in obtaining majorities in both branches of - the national legislature favorable to their views; but they - could never move the Globe from the course which has since - been so extensively sanctioned by the democracy of the nation. - You gave to the country (and when I say you, I desire to be - understood as alluding to Mr. Blair and yourself) at those - momentous periods, the invaluable advantages of a press at - the seat of the general government, not only devoted, root - and branch, to the support of democratic principles, but - independent in fact and in feeling, as well of bank influences - as of corrupting pecuniary influences of any description. The - vital importance of such an establishment to the success of - our cause is incapable of exaggeration. Experience will show, - if an opportunity is ever afforded to test the opinion, that, - without it, the principles of our party can never be upheld in - their purity in the administration of the federal government. - Administrations professedly their supporters may be formed, - but they will prove to be but whited sepulchres, appearing - beautiful outward, but within full of dead men's bones, and all - uncleanness--Administrations which, instead of directing their - best efforts to advance the welfare and promote the happiness of - the toiling millions, will be ever ready to lend a favorable ear - to the advancement of the selfish few." - -The Globe was sold, and was paid for, and how? becomes a question -of public concern to answer; for it was paid for out of public -money--those same $50,000 which were removed to the village bank in -the interior of Pennsylvania by a Treasury order on the fourth day -of November, 1844. Three annual instalments made the payment, and -the Treasury did not reclaim the money for these three years; and, -though travelling through tortuous channels, the sharpsighted Mr. -Rives traced the money back to its starting point from that deposit. -Besides, Mr. Cameron admitted before a committee of Congress, -that he had furnished money for the payments--an admission which -the obliging committee, on request, left out of their report. Mr. -Robert J. Walker was Secretary of the Treasury during these three -years, and the conviction was absolute, among the close observers of -the course of things, that he was the prime contriver and zealous -manager of the arrangements which displaced Mr. Blair and installed -Mr. Ritchie. - -In the opinions which he expressed of the consequences of that -change of editors, General Jackson was prophetic. The new paper -brought division and distraction into the party--filled it with -dissensions, which eventually induced the withdrawal of Mr. Ritchie; -but not until he had produced the mischiefs which abler men cannot -repair. - - - - -CHAPTER CLII. - -TWENTY-NINTH CONGRESS: LIST OF MEMBERS: FIRST SESSION: ORGANIZATION -OF THE HOUSE. - - -_Senators._ - -MAINE.--George Evans, John Fairfield. - -NEW HAMPSHIRE.--Benjamin W. Jenness, Charles G. Atherton. - -VERMONT.--William Upham, Samuel S. Phelps. - -MASSACHUSETTS.--Daniel Webster, John Davis. - -RHODE ISLAND.--James F. Simmons, Albert C. Green. - -CONNECTICUT.--John M. Niles, Jabez W. Huntington. - -NEW YORK.--John A. Dix, Daniel S. Dickinson. - -NEW JERSEY.--Jacob W. Miller, John L. Dayton. - -PENNSYLVANIA.--Simon Cameron, Daniel Sturgeon. - -DELAWARE.--Thomas Clayton, John M. Clayton. - -MARYLAND.--James A. Pearce, Reverdy Johnson. - -VIRGINIA.--William S. Archer, Isaac S. Pennybacker. - -NORTH CAROLINA.--Willie P. Mangum, William H. Haywood, jr. - -SOUTH CAROLINA.--John C. Calhoun, George McDuffie. - -GEORGIA.--John McP. Berrien, Walter T. Colquitt. - -ALABAMA.--Dixon H. Lewis, Arthur P. Bagby. - -MISSISSIPPI.--Joseph W. Chalmers, Jesse Speight. - -LOUISIANA.--Alexander Barrow, Henry Johnson. - -TENNESSEE.--Spencer Jarnagin, Hopkins L. Turney. - -KENTUCKY.--James T. Morehead, John J. Crittenden. - -OHIO.--William Allen, Thomas Corwin. - -INDIANA.--Ed. A. Hannegan, Jesse D. Bright. - -ILLINOIS.--James Semple, Sidney Breese. - -MISSOURI.--David R. Atchison, Thomas H. Benton. - -ARKANSAS.--Chester Ashley, Ambrose H. Sevier. - -MICHIGAN.--William Woodbridge, Lewis Cass. - -FLORIDA.--David Levy, James D. Westcott. - -In this list will be seen the names of several new senators, not -members of the body before, and whose senatorial exertions soon made -them eminent;--Dix and Dickinson of New York, Reverdy Johnson of -Maryland, Jesse D. Bright of Indiana, Lewis Cass of Michigan; and to -these were soon to be added two others from the newly incorporated -State of Texas, Messrs. General Sam Houston and Thomas F. Rusk, -Esq., and of whom, and their State, it may be said they present a -remarkable instance of mutual confidence and concord, neither having -been changed to this day (1856). - - -_House of Representatives._ - -MAINE.--John F. Scammon, Robert P. Dunlap, Luther Severance, John D. -McCrate, Cullen Sawtelle, Hannibal Hamlin, Hezekiah Williams. - -NEW HAMPSHIRE.--Moses Norris, jr., Mace Moulton, James H. Johnson. - -VERMONT.--Solomon Foot, Jacob Collamer, George P. Marsh, Paul -Dillingham, jr. - -MASSACHUSETTS.--Robert C. Winthrop, Daniel P. King, Amos Abbot, -Benjamin Thompson, Charles Hudson, George Ashmun, Julius Rockwell, -John Quincy Adams, Joseph Grinnell. - -RHODE ISLAND.--Henry Y. Cranston, Lemuel H. Arnold. - -CONNECTICUT.--James Dixon, Samuel D. Hubbard, John A. Rockwell, -Truman Smith. - -NEW YORK.--John W. Lawrence, Henry I. Seaman, William S. Miller, -William B. Maclay, Thomas M. Woodruff, William W. Campbell, Joseph -H. Anderson, William W. Woodworth, Archibald C. Niven, Samuel -Gordon, John F. Collin, Richard P. Herrick, Bradford R. Wood, -Erastus D. Culver, Joseph Russell, Hugh White, Charles S. Benton, -Preston King, Orville Hungerford, Timothy Jenkins, Charles Goodyear, -Stephen Strong, William J. Hough, Horace Wheaton, George Rathbun, -Samuel S. Ellsworth, John De Mott, Elias B. Holmes, Charles H. -Carcoll, Martin Grover, Abner Lewis, William A. Mosely, Albert -Smith, Washington Hunt. - -NEW JERSEY.--James G. Hampton, George Sykes, John Runk, John Edsall, -William Wright. - -PENNSYLVANIA.--Lewis C. Levin, Joseph R. Ingersoll, John H. -Campbell, Charles J. Ingersoll, Jacob S. Yost, Jacob Erdman, Abraham -R. McIlvaine, John Strohm, John Ritter, Richard Brodhead, jr., -Owen D. Leib, David Wilmot, James Pollock, Alexander Ramsay, Moses -McLean, James Black, James Blanchard, Andrew Stewart, Henry D. -Foster, John H. Ewing, Cornelius Darragh, William S. Garvin, James -Thompson, Joseph Buffington. - -DELAWARE.--John W. Houston. - -MARYLAND.--John G. Chapman, Thomas Perry, Thomas W. Ligon, William -F. Giles, Albert Constable, Edward Long. - -VIRGINIA.--Archibald Atkinson, George C. Dromgoole, William M. -Treadway, Edward W. Hubard, Shelton F. Leake, James A. Seddon, -Thomas H. Bayly, Robert M. T. Hunter, John S. Pendleton, Henry -Redinger, William Taylor, Augustus A. Chapman, George W. Hopkins, -Joseph Johnson, William G. Brown. - -NORTH CAROLINA.--James Graham, Daniel M. Barringer, David S. Reid, -Alfred Dockery, James C. Dobbin, James J. McKay, John R. J. Daniels, -Henry S. Clarke, Asa Biggs. - -SOUTH CAROLINA.--James A. Black, Richard F. Simpson, Joseph A. -Woodward, A. D. Sims, Armistead Burt, Isaac E. Holmes, R. Barnwell -Rhett. - -GEORGIA.--Thomas Butler King, Seaborn Jones, Hugh A. Haralson, John -H. Lumpkin, Howell Cobb, Alex. H. Stephens, Robt. Toombs. - -ALABAMA.--Samuel D. Dargin, Henry W. Hilliard, William L. Yancey, -Winter W. Payne, George S. Houston, Reuben Chapman, Felix G. -McConnell. - -MISSISSIPPI.--Jacob Thompson, Stephen Adams, Robert N. Roberts, -Jefferson Davis. - -LOUISIANA.--John Slidell, Bannon G. Thibodeaux, J. H. Harmonson, -Isaac E. Morse. - -OHIO.--James J. Faran, F. A. Cunningham, Robert C. Schenck, Joseph -Vance, William Sawyer, Henry St. John, Joseph J. McDowell, Allen G. -Thurman, Augustus L. Perrill, Columbus Delano, Jacob Brinkerhoff, -Samuel F. Vinton, Isaac Parish, Alexander Harper, Joseph Morris, -John D. Cummins, George Fries, D. A. Starkweather, Daniel R. Tilden, -Joshua R. Giddings, Joseph M. Root. - -KENTUCKY.--Linn Boyd, John H. McHenry, Henry Grider, Joshua F. Bell, -Bryan R. Young, John P. Martin, William P. Thomasson, Garrett Davis, -Andrew Trumbo, John W. Tibbatts. - -TENNESSEE.--Andrew Johnson, William M. Cocke, John Crozier, Alvan -Cullom, George W. Jones, Barclay Martin, Meridith, P. Gentry, -Lorenzo B. Chase, Frederick P. Stanton, Milton Brown. - -INDIANA.--Robert Dale Owen, Thomas J. Henley, Thomas Smith, Caleb -B. Smith, William W. Wick, John W. Davis, Edward W. McGaughey, John -Petit, Charles W. Cathcart, Andrew Kennedy. - -ILLINOIS.--Robert Smith, John A. McClernand, Orlando B. Ficklin, -John Wentworth, Stephen A. Douglass, Joseph P. Hoge, Edward D. Baker. - -MISSOURI.--James B. Bowlin, James H. Relf, Sterling Price, John S. -Phelps, Leonard H. Simms. - -ARKANSAS.--Archibald Yell. - -MICHIGAN.--Robert McClelland, John S. Chapman, James B. Hunt. - -The delegates from territories were: - -FLORIDA.--Edward C. Cabell. - -IOWA.--Augustus C. Dodge. - -WISCONSIN.--Morgan L. Martin. - -The election of Speaker was readily effected, there being a large -majority on the democratic side. Mr. John W. Davis, of Indiana, -being presented as the democratic candidate, received 120 votes; -Mr. Samuel F. Vinton, of Ohio, received the whig vote, 72. Mr. -Benjamin B. French, of New Hampshire, was appointed clerk (without -the formality of an election), by a resolve of the House, adopted -by a general vote. He was of course democratic. The House being -organized, a motion was made by Mr. Hamlin, of Maine, to except the -hour rule (as it was called) from the rules to be adopted for the -government of the House--which was lost, 62 to 143. - - - - -CHAPTER CLIII. - -MR. POLK'S FIRST ANNUAL MESSAGE TO CONGRESS. - - -The leading topic in the message was, naturally, the incorporation -of Texas, then accomplished, and the consequent dissatisfaction -of Mexico--a dissatisfaction manifested every way short of actual -hostilities, and reason to believe they were intended. On our -side, strong detachments of the army and navy had been despatched -to Texas and the Gulf of Mexico, to be ready for whatever might -happen. The Mexican minister, General Almonte, had left the United -States: an American minister sent to Mexico had been refused to be -received, and had returned home. All this was the natural result -of the _status belli_ between the United States and Mexico which -the incorporation of Texas had established; and, that there were -not actual hostilities was only owing to the weakness of one of the -parties. These things were thus stated by the President: - - "Since that time Mexico has, until recently, occupied an - attitude of hostility towards the United States--has been - marshalling and organizing armies, issuing proclamations, and - avowing the intention to make war on the United States, either - by an open declaration, or by invading Texas. Both the Congress - and convention of the people of Texas invited this government - to send an army into that territory, to protect and defend them - against the menaced attack. The moment the terms of annexation, - offered by the United States, were accepted by Texas, the latter - became so far a part of our own country, as to make it our duty - to afford such protection and defence. I therefore deemed it - proper, as a precautionary measure, to order a strong squadron - to the coast of Mexico, and to concentrate an efficient military - force on the western frontier of Texas. Our army was ordered - to take position in the country between the Nueces and the Del - Norte, and to repel any invasion of the Texian territory which - might be attempted by the Mexican forces. Our squadron in the - Gulf was ordered to co-operate with the army. But though our - army and navy were placed in a position to defend our own, - and the rights of Texas, they were ordered to commit no act - of hostility against Mexico, unless she declared war, or was - herself the aggressor by striking the first blow. The result - has been, that Mexico has made no aggressive movement, and our - military and naval commanders have executed their orders with - such discretion, that the peace of the two republics has not - been disturbed." - -Thus the armed forces of the two countries were brought into -presence, and the legal state of war existing between them -was brought to the point of actual war. Of this the President -complained, assuming that Texas and the United States had a _right_ -to unite, which was true as to the right; but asserting that Mexico -had no right to oppose it, which was a wrong assumption. For, in -taking Texas into the Union, she was taken with her circumstances, -one of which was a state of war with Mexico. Denying her right to -take offence at what had been done, the message went on to enumerate -causes of complaint against her, and for many years back, and to -make out cause of war against her on account of injuries done by her -to our citizens. In this sense the message said: - - "But though Mexico cannot complain of the United States on - account of the annexation of Texas, it is to be regretted that - serious causes of misunderstanding between the two countries - continue to exist, growing out of unredressed injuries inflicted - by the Mexican authorities and people on the persons and - property of citizens of the United States, through a long - series of years. Mexico has admitted these injuries, but has - neglected and refused to repair them. Such was the character of - the wrongs, and such the insults repeatedly offered to American - citizens and the American flag by Mexico, in palpable violation - of the laws of nations and the treaty between the two countries - of the 5th April, 1831, that they have been repeatedly brought - to the notice of Congress by my predecessors. As early as the - 8th February, 1837, the President of the United States declared, - in a message to Congress, that 'the length of time since some of - the injuries have been committed, the repeated and unavailing - application for redress, the wanton character of some of the - outrages upon the persons and property of our citizens, upon the - officers and flag of the United States, independent of recent - insults to this government and people by the late extraordinary - Mexican minister, would justify, in the eyes of all nations, - immediate war.' He did not, however, recommend an immediate - resort to this extreme measure, which he declared 'should not be - used by just and generous nations, confiding in their strength, - for injuries committed, if it can be honorably avoided;' but, in - a spirit of forbearance, proposed that another demand be made - on Mexico for that redress which had been so long and unjustly - withheld. In these views, committees of the two Houses of - Congress, in reports made in their respective bodies, concurred. - Since these proceedings more than eight years have elapsed, - during which, in addition to the wrongs then complained of, - others of an aggravated character have been committed on the - persons and property of our citizens. A special agent was sent - to Mexico in the summer of 1838, with full authority to make - another and final demand for redress. The demand was made; the - Mexican government promised to repair the wrongs of which we - complained; and after much delay, a treaty of indemnity with - that view was concluded between the two powers on the 11th of - April, 1839, and was duly ratified by both governments." - -This treaty of indemnity, the message went on to show, had never -yet been complied with, and its non-fulfilment, added to the other -causes of complaint, the President considered as just cause for -declaring war against her--saying: - - "In the mean time, our citizens, who suffered great losses, and - some of whom have been reduced from affluence to bankruptcy, - are without remedy, unless their rights be enforced by their - government. Such a continued and unprovoked series of wrongs - could never have been tolerated by the United States, had they - been committed by one of the principal nations of Europe. Mexico - was, however, a neighboring sister republic, which, following - our example, had achieved her independence, and for whose - success and prosperity, all our sympathies were early enlisted. - The United States were the first to recognize her independence, - and to receive her into the family of nations, and have ever - been desirous of cultivating with her a good understanding. We - have, therefore, borne the repeated wrongs she has committed, - with great patience, in the hope that a returning sense of - justice would ultimately guide her councils, and that we might, - if possible, honorably avoid any hostile collision with her." - -Torn by domestic dissension, in a state of revolution at home, and -ready to be crushed by the power of the United States, the Mexican -government had temporized, and after dismissing one United States -minister, had consented to receive another, who was then on his way -to the City of Mexico. Of this mission, and the consequences of its -failure, the President thus expressed himself: - - "The minister appointed has set out on his mission, and is - probably by this time near the Mexican capital. He has been - instructed to bring the negotiation with which he is charged - to a conclusion at the earliest practicable period; which, it - is expected, will be in time to enable me to communicate the - result to Congress during the present session. Until that result - is known, I forbear to recommend to Congress such ulterior - measures of redress for the wrongs and injuries we have so - long borne, as it would have been proper to make had no such - negotiation been instituted." - -From this communication it was clear that a recommendation of a -declaration of war was only deferred for the issue of this mission, -which failing to be favorable, would immediately call forth the -deferred recommendation. The Oregon question was next in importance -to that of Texas and Mexico, and like it seemed to be tending to -a warlike solution. The negotiations between the two governments, -which had commenced under Mr. Tyler's administration, and continued -for some months under his own, had come to a dead stand. The -government of the United States had revoked its proposition to -make the parallel of 49 degrees the dividing line between the two -countries, and asserted the unquestionable title of the United -States to the whole, up to the Russian boundary in 54 degrees 40 -minutes; and the message recommended Congress to authorize the -notice which was to terminate the joint occupancy, to extend our -laws to the territory, to encourage its population and settlement; -and cast upon Great Britain the responsibility of any belligerent -solution of the difficulty which might arise. Thus, the issue -of peace or war with Great Britain was thrown into the hands of -Congress. - -The finances, and the public debt, required a notice, which was -briefly and satisfactorily given. The receipts into the Treasury -for the past year had been $29,770,000: the payments from it -$29,968,000; and the balance in the Treasury at the end of the -year five millions--leaving a balance of $7,658,000 on hand. The -nature of these balances, always equal to about one-fourth of the -revenue even where the receipts and expenditures are even, or the -latter even in some excess, has been explained in the first volume -of this View, as resulting from the nature of great government -transactions and payments, large part of which necessarily go into -the beginning of the succeeding year, when they would be met by the -accruing revenue, even if there was nothing in the Treasury; so -that, in fact, the government may be carried on upon an income about -one-fourth less than the expenditure. This is a paradox--a seeming -absurdity, but true, which every annual statement of the Treasury -will prove; and which the legislative, as well as the executive -government, should understand. The sentiments in relation to the -public debt (of which there would have been none had it not been for -the distribution of the land revenue, and the surplus fund, among -the States, and the absurd plunges in the descent of the duties -on imports in the last two years of the compromise act of 1833), -were just and wise, such as had been always held by the democratic -school, and which cannot be too often repeated. They were these: - - "The amount of the public debt remaining unpaid on the first of - October last, was seventeen millions, seventy-five thousand, - four hundred and forty-five dollars and fifty-two cents. - Further payments of the public debt would have been made, in - anticipation of the period of its reimbursement under the - authority conferred upon the Secretary of the Treasury, by the - acts of July twenty-first, 1841, and of April fifteenth, and of - March third, 1843, had not the unsettled state of our relations - with Mexico menaced hostile collision with that power. In view - of such a contingency, it was deemed prudent to retain in the - Treasury an amount unusually large for ordinary purposes. A few - years ago, our whole national debt growing out of the revolution - and the war of 1812 with Great Britain, was extinguished, and we - presented to the world the rare and noble spectacle of a great - and growing people who had fully discharged every obligation. - Since that time the existing debt has been contracted; and - small as it is, in comparison with the similar burdens of - most other nations, it should be extinguished at the earliest - practicable period. Should the state of the country permit, - and especially if our foreign relations interpose no obstacle, - it is contemplated to apply all the moneys in the Treasury as - they accrue beyond what is required for the appropriations by - Congress, to its liquidation. I cherish the hope of soon being - able to congratulate the country on its recovering once more - the lofty position which it so recently occupied. Our country, - which exhibits to the world the benefits of self-government, - in developing all the sources of national prosperity, owes - to mankind the permanent example of a nation free from the - blighting influence of a public debt." - -The revision of the tariff was recommended, with a view to revenue -as the object, with protection to home industry as the incident. - - - - -CHAPTER CLIV. - -DEATH OF JOHN FORSYTH. - - -Like Mr. Crawford, he was a Virginian by birth Georgian by -citizenship, republican in politics, and eminent in his day. He -ran the career of federal honors--a member of the House and of -the Senate, and a front rank debater in each: minister in Spain, -and Secretary of State under Presidents Jackson and Van Buren; -successor to Crawford in his State, and the federal councils; and -the fast political and personal friend of that eminent citizen in -all the trials and fortunes of his life. A member of the House -when Mr. Crawford, restrained by his office, and disabled by his -calamity, was unable to do any thing for himself, and assailed by -the impersonation of the execrable A. B. plot, it devolved upon him -to stand up for his friend; and nobly did he do it. The examination -through which he led the accuser exterminated him in public -opinion--showed every accusation to be false and malicious; detected -the master spirit which lay behind the ostensible assailants, and -greatly exalted the character of Mr. Crawford. - -Mr. Forsyth was a fine specimen of that kind of speaking which -constitutes a debater, and which, in fact, is the effective speaking -in legislative assemblies. He combined the requisites for keen -debate--a ready, copious, and easy elocution; ample knowledge of -the subject; argument and wit; great power to point a sarcasm, and -to sting courteously; perfect self-possession, and a quickness and -clearness of perception to take advantage of every misstep of his -adversary. He served in trying times, during the great contests with -the Bank of the United States, with the heresy of nullification, and -the dawning commencement of the slavery agitation. In social life -he was a high exemplification of refined and courteous manners, of -polite conversation, and of affability, decorum and dignity. - - - - -CHAPTER CLV. - -ADMISSION OF FLORIDA AND IOWA. - - -At this time were admitted into the Union, and by a single bill, -two States, which seem to have but few things in common to put -them together--one the oldest, the other the newest territory--one -in the extreme northwest of the Union, the other in the extreme -southeast--one the land of evergreens and perpetual flowers, the -other the climate of long and rigorous winter--one maintaining, the -other repulsing slavery. It would seem strange that two territories -so different in age, so distant from each other, so antagonistic -in natural features and political institutions, should ripen into -States at the same time, and come into the Union by a single act; -but these antagonisms--that is, the antagonistic provisions on the -subject of slavery--made the conjunction, and gave to the two young -States an inseparable admission. It happened that the slave and -free States had long before become equal in number, and a feeling -of jealousy, or a calculation of policy operated to keep them so; -and for that purpose to admit one of each character at the same -time. Thus balancing and neutralizing each other, the bill for -their admission was passed without a struggle, and furnished but -little beyond the yeas and nays--these latter a scant minority in -either House--to show the disposition of members. In the Senate the -negatives were 9 to 36 yeas: in the House 48 to 144. Numerically the -free and the slave States were thus kept even: in political power a -vast inequality was going on--the increase of population being so -much greater in the northern than in the southern region. - - - - -CHAPTER CLVI. - -OREGON TREATY: NEGOTIATIONS COMMENCED, AND BROKEN OFF. - - -This was a pretermitted subject in the general negotiations which -led to the Ashburton treaty: it was now taken up as a question -for separate settlement. The British government moved in it, Mr. -Henry S. Fox, the British minister in Washington, being instructed -to propose the negotiation. This was done in November, 1842, and -Mr. Webster, then Secretary of State under Mr. Tyler, immediately -replied, accepting the proposal, and declaring it to be the desire -of his government to have this territorial question immediately -settled. But the movement stopped there. Nothing further took -place between Mr. Webster and Fox, and the question slumbered till -1844, when Mr. (since Sir) Richard Pakenham, arrived in the United -States as British minister, and renewed the proposition for opening -the negotiation to Mr. Upshur, then Secretary of State. This was -February 24th, 1844. Mr. Upshur replied promptly, that is to say, -on the 26th of the same month, accepting the proposal, and naming -an early day for receiving Mr. Pakenham to begin the negotiation. -Before that day came he had perished in the disastrous explosion of -the great gun on board the Princeton man-of-war. The subject again -slumbered six months, and at the end of that time, July 22d, was -again brought to the notice of the American government by a note -from the British minister to Mr. Calhoun, successor to Mr. Upshur -in the Department of State. Referring to the note received from Mr. -Upshur the day before his death, he said: - - "The lamented death of Mr. Upshur, which occurred within a - few days after the date of that note, the interval which took - place between that event and the appointment of a successor, - and the urgency and importance of various matters which offered - themselves to your attention immediately after your accession - to office, sufficiently explain why it has not hitherto been in - the power of your government, sir, to attend to the important - matters to which I refer. But, the session of Congress having - been brought to a close, and the present being the season of the - year when the least possible business is usually transacted, it - occurs to me that you may now feel at leisure to proceed to the - consideration of that subject. At all events it becomes my duty - to recall it to your recollection, and to repeat the earnest - desire of her majesty's government, that a question, on which so - much interest is felt in both countries, should be disposed of - at the earliest moment consistent with the convenience of the - government of the United States." - -Mr. Calhoun answered the 22d of August declaring his readiness -to begin the negotiation and fixing the next day for taking up -the subject. It was taken up accordingly, and conducted in the -approved and safe way of conducting such negotiations, that is to -say, a protocol of every conference signed by the two negotiators -before they separated, and the propositions submitted by each always -reduced to writing. This was the proper and satisfactory mode of -proceeding, the neglect and total omission of which had constituted -so just and so loud a complaint against the manner in which Mr. -Webster and Lord Ashburton had conducted their conferences. Mr. -Calhoun and Mr. Pakenham met seven times, exchanged arguments and -propositions, and came to a balk, which suspended their labors. -Mr. Calhoun, rejecting the usual arts of diplomacy, which holds in -reserve the ultimate and true offer while putting forward fictitious -ones for experiment, went at once to his ultimatum, and proposed the -continuation of the parallel of the 49th degree of north latitude, -which, after the acquisition of Louisiana, had been adopted by Great -Britain and the United States as the dividing line between their -possessions, from the Lake of the Woods (fixed as a land-mark under -the treaty of Utrecht), to the summit of the Rocky Mountains--the -United States insisting at the same time to continue that line to -the Pacific Ocean under the terms of the same treaty. Mr. Pakenham -declined this proposition in the part that carried the line to the -ocean, but offered to continue it from the summit of the mountains, -to the Columbia River, a distance of some three hundred miles; -and then follow the river to the ocean. This was refused by Mr. -Calhoun; and the ultimatum having been delivered on one hand, and no -instructions being possessed on the other to yield any thing, the -negotiations, after continuing through the month of September, came -to a stand. At the end of four months (January 1845) Mr. Pakenham, -by the direction of his government, proposed to leave the question -to arbitration, which was declined by the American secretary, and -very properly; for, while arbitrament is the commendable mode of -settling minor questions, and especially those which arise from the -construction of existing treaties, yet the boundaries of a country -are of too much gravity to be so submitted. - -Mr. Calhoun showed a manly spirit in proposing the line of 49, -as the dominant party in the United States, and the one to which -he belonged, were then in a high state of exultation for the -boundary of 54 degrees 40 minutes, and the presidential canvass, -on the democratic side, was raging upon that cry. The Baltimore -presidential convention had followed a pernicious practice, of -recent invention, in laying down a platform of principles on which -the canvass was to be conducted, and 54-40 for the northern boundary -of Oregon, had been made a canon of political faith, from which -there was to be no departure except upon the penalty of political -damnation. Mr. Calhoun had braved this penalty, and in doing so had -acted up to his public and responsible duty. - -The new President, Mr. Polk, elected under that cry, came into -office on the 4th of March, and acting upon it, put into his -inaugural address a declaration that our title to the whole of -Oregon (meaning up to 54-40), was clear and indisputable; and -a further declaration that he meant to maintain that title. -It was certainly an unusual thing--perhaps unprecedented in -diplomacy--that, while negotiations were depending (which was -still the case in this instance, for the last note of Mr. Calhoun -in January, declining the arbitration, gave as a reason for it -that he expected the question to be settled by negotiation), one -of the parties should authoritatively declare its right to the -whole matter in dispute, and show itself ready to maintain it by -arms. The declaration in the inaugural had its natural effect in -Great Britain. It roused the British spirit as high as that of the -American. Their excited voice came thundering back, to be received -with indignation by the great democracy; and war--"_inevitable -war_"--was the cry through the land. The new administration felt -itself to be in a dilemma. To stand upon 54-40 was to have war in -reality: to recede from it, might be to incur the penalty laid -down in the Baltimore platform. Mr. Buchanan, the new Secretary -of State, did me the honor to consult me. I answered him promptly -and frankly, that I held 49 to be the right line, and that, if -the administration made a treaty upon that line, I should support -it. This was early in April. The secretary seemed to expect some -further proposition from the British government; but none came. -The rebuff in the inaugural address had been too public, and too -violent, to admit that government to take the initiative again. It -said nothing: the war cry continued to rage: and at the end of four -months our government found itself under the necessity to take the -initiative, and recommence negotiations as the means of avoiding -war. Accordingly, on the 22d of July, Mr. Buchanan (the direction -of the President being always understood) addressed a note to Mr. -Pakenham, resuming the negotiation at the point at which it had been -left by Mr. Calhoun; and, conforming to the offer that he had made, -and because he had made it, again proposed the line of 49 to the -ocean. The British minister again refused that line, and inviting a -"fairer" proposition. In the mean time the offer of 49 got wind. The -democracy was in commotion. A storm was got up (foremost in raising -which was the new administration organ, Mr. Ritchie's Daily Union), -before which the administration quailed--recoiled--and withdrew its -offer of 49. There was a dead pause in the negotiation again; and so -the affair remained at the meeting of Congress, which came together -under the loud cry of war, in which Mr. Cass was the leader, but -followed by the body of the democracy, and backed and cheered on by -the democratic press--some hundreds of papers. Of course the Oregon -question occupied a place, and a prominent one, in the President's -message--(which has been noticed)--and, on communicating the failure -of the negotiation to Congress, he recommended strong measures -for the security and assertion of our title. The delivery of the -notice which was to abrogate the joint occupation of the country by -the citizens of the two powers, was one of these recommendations, -and the debate upon that question brought out the full expression -of the opinions of Congress upon the whole subject, and took the -management of the questions into the hands of the Senate and House -of Representatives. - - - - -CHAPTER CLVII. - -OREGON QUESTION: NOTICE TO ABROGATE THE ARTICLE IN THE TREATY FOR -A JOINT OCCUPATION: THE PRESIDENT DENOUNCED IN THE SENATE FOR A -SUPPOSED LEANING TO THE LINE OF FORTY-NINE. - - -The proposition for the line of 49 having been withdrawn by the -American government on its non-acceptance by the British, had -appeased the democratic storm which had been got up against the -President; and his recommendation for strong measures to assert and -secure our title was entirely satisfactory to those who now came -to be called the Fifty-Four Forties. The debate was advancing well -upon this question of notice, when a sinister rumor--only sinister -to the extreme party--began to spread, that the British government -would propose 49, and that the President was favorable to it. This -rumor was true, and by way of preparing the public mind for it, Mr. -William H. Haywood, a senator from North Carolina, both personally -and politically friendly to the President, undertook to show, not so -much that the line of 49 was right in itself, but that the President -was not so far committed against it as that he could not yet form a -treaty upon it. In this sense he-- - - "Took a view of the course which had been pursued by the - President, approving of the offer of the parallel of 49 deg. to - Great Britain, and maintaining that there was nothing in - the language of the President to render it improper in him - to negotiate hereafter on that basis, notwithstanding this - rejection. He regarded the negotiation as still open; and he - would not do the President so much wrong as to suppose that, - if we passed the notice, and thus put into his hand a great - moral weapon, that he could be guilty of so miserable a trick - as to use it to the dishonor of his country on the one hand, or - to the reckless provocation of a war on the other. Believing - that the administration stood committed to accept an offer - of a division of the territory on the parallel of 49 deg.--or - substantially that--he should sustain the Executive in that - position. He expressed his conviction that, whatever might be - his individual opinions, the President--as General Washington - did in 1796--would fulfil his obligations to the country; that, - whenever the interests of the country required it, he would - sacrifice his own opinions to the sense of his official duty. He - rebuked the cry which had been set up by some of the friends - of the President, which placed him in the position of being the - mere organ of the Baltimore convention, and declared that, if - he could believe that the Executive would permit the resolution - of that convention to overrule his duty to his country, he - would turn his back upon him. Mr. H. then proceeded to deduce, - from the language and acts of the Executive, that he had not - put himself in a position which imposed on him the necessity of - refusing to negotiate on the parallel of 49 deg., should negotiation - be resumed on that basis. In this respect, the President did - not occupy that attitude in which some of his friends wished - to place him. It ought to be borne in mind that Great Britain - had held occupancy for above forty years; and it was absurd to - suppose, that, if we turn suddenly upon her and tell her she - must quit, that she will not make resistance. And he asked what - our government would be likely to do if placed in a similar - position and reduced to the same alternative. No one could - contend for a moment that the rejection of the offer of 49 deg. by - Great Britain released the President from the obligation to - accept that offer whenever it should again be made. The question - was to be settled by compromise; and, on this principle, the - negotiation was still pending. It was not to be expected that a - negotiation of this kind could be carried through hastily. Time - must be given for communication with the British government, - for proper consideration and consultation; and true politeness - requires that ample time should be given for this purpose. It - is obvious that Great Britain does not consider the negotiation - terminated, as she would have recalled her minister; and - the President cannot deem it closed, or he would have made - a communication to Congress to that effect. The acts of the - President were not such as to justify any apprehensions of a - rupture; and from that, he did not ask for the notice in order - that he might draw the sword and throw away the scabbard. The - falsehood of any such charge is proved by the fact that he has - asked for no enlargement of the annual appropriations; on the - other hand, his estimates are rather diminished. Knowing him to - be honest, he (Mr. H.) would acquit him of any such imputation - of moral treason, which would subject him to the reprobation - of man and the anger of his God. Mr. H. then referred to the - divisions which had sprung up in the democratic party, the - tendency of which is, to destroy the party, by cutting off its - heads. This question of Oregon had been turned into a party - question, for the purpose of President-making. He repudiated - any submission to the commands of factious meetings, got up - by demagogues, for the purpose of dictating to the Senate how - to make a treaty, and felt thankful that North Carolina had - never taken this course. He did not regard such proceedings as - indicative of that true democracy which, like a potato, grew - at the root, and did not, like the spurious democracy, show - itself from the blossom. The creed of the Baltimore convention - directs the party to re-annex Texas and to _re-occupy_ Oregon. - Texas had been re-annexed, and now we are to go for the - _re-occupation_ of Oregon. Now, Old Oregon, embracing all the - territory on which American foot ever trod, comprised merely - the valley of Willamette, which did not extend above 49 deg.; and - consequently this portion was all which could be contemplated in - the expression "re-occupation," as it would involve an absurdity - to speak of re-occupying what we had never occupied. Referring - to the history of the annexation of Texas, he cited the - impossibility of getting Texas through, until the two questions - had been made twin sisters by the Baltimore convention. Then - Texas passed the House, and came into the Senate, followed so - closely by Oregon, that they seemed to be akin." - -In all this Mr. Haywood spoke the sentiments of the President, -personally confided to him, and to prepare the way for his action -in conformity to them. The extreme party suspected this, and had -their plan arranged to storm it down, and to force the President to -repulse the British offer of 49, if now it should be made, as he had -been stormed into a withdrawal of his own offer of that line by his -own newspapers and party in the recess of Congress. This task fell -upon Mr. Hannegan of Indiana, and Mr. William Allen of Ohio, whose -temperaments were better adapted to the work than that of their -chief, Mr. Cass. Mr. Hannegan began: - - "I must apologize to the Senate for obtruding myself upon your - attention at this advanced period of the day, particularly as - I have already occupied your attention on several occasions in - the course of this debate. My remarks now, however, will be - very brief. Before I proceed to make any reply to the speech of - the senator from North Carolina--the most extraordinary speech - which I have ever listened to in the whole course of my life--I - desire, through the Vice President, to put a question to him, - which I have committed to writing. It is this: I ask him if he - has the authority of the President, directly or indirectly, for - saying to the Senate that it is his (the President's) wish to - terminate the Oregon question by compromising with Great Britain - on the 49th degree of north latitude?" - -To this categorical demand, Mr. Haywood replied that it would be -unwise and impolitic for the President to authorize any senator -to make such a declaration as that implied in the question of Mr. -Hannegan. Mr. Allen, of Ohio, then took up the demand for the -answer, and said: - - "I put the question, and demand an answer to it as a public - right. The senator here has assumed to speak for the President. - His speech goes to the world; and I demand, as a public right, - that he answer the question; and if he won't answer it, I stand - ready to deny that he has expressed the views of the President." - -Mr. Westcott of Florida, called Mr. Allen to order for asking for -the opinions of the President through a senator. The President could -only communicate his opinions to the Senate responsibly, by message. -It would be a breach of privilege for any senator to undertake to -report such opinions, and consequently a breach of order for any -senator to call for them. In this Mr. Westcott was right, but the -call to order did not prevent Mr. Allen from renewing his demand: - - "I do not demand an answer as any personal right at all. I - demand it as a public right. When a senator assumes to speak - for the President, every senator possesses a public right to - demand his authority for so doing. An avowal has been made that - he is the exponent of the views of the President, upon a great - national question. He has assumed to be that exponent. And I - ask him whether he has the authority of the President for the - assumption?" - -Mr. Westcott renewed his call to order, but no question was taken -upon the call, which must have been decided against Mr. Allen. Mr. -Haywood said, he denied the right of any senator to put questions -to him in that way, and said he had not assumed to speak by the -authority of the President. Then, said Mr. Allen, the senator takes -back his speech. Mr. Haywood: "Not at all; but I am glad to see my -speech _takes_." Mr. Allen: "With the British." Mr. Hannegan then -resumed: - - "I do not deem it material whether the senator from North - Carolina gives a direct answer to my question or not. It is - entirely immaterial. He assumes--no, he says there is no - assumption about it--that there is no meaning in language, no - truth in man, if the President any where commits himself to - 54 deg. 40', as his flattering friends assume for him. Now, sir, - there is no truth in man, there is no meaning in language, if - the President is not committed to 54 deg. 40' in as strong language - as that which makes up the Holy Book. From a period antecedent - to that in which he became the nominee of the Baltimore - convention, down to this moment, to all the world he stands - committed for 54 deg. 40'. I go back to his declaration made in - 1844, to a committee of citizens of Cincinnati, who addressed - him in relation to the annexation of Texas, and he there uses - this language being then before the country as the democratic - candidate for the chair which he now fills. - - "Mr. CRITTENDEN. What is the date? - - "Mr. HANNEGAN. It is dated the 23d of April. - - [Mr. H. here read an extract from Mr. Polk's letter to the - committee of the citizens of Cincinnati.]" - -Mr. Hannegan then went on to quote from the President's message--the -annual message at the commencement of the session--to show that, in -withdrawing his proposition for a boundary on the 49th parallel, -he had taken a position against ever resuming it. He read this -paragraph: - - "The extraordinary and wholly inadmissible demands of the - British Government, and the rejection of the proposition made in - deference alone to what had been done by my predecessors, and - the implied obligation which their acts seemed to impose, afford - satisfactory evidence that no compromise which the United States - ought to accept can be effected. With this conviction, the - proposition of compromise which had been made and rejected was, - by my direction, subsequently withdrawn, and our title to the - whole Oregon Territory asserted, and, as is believed, maintained - by irrefragable facts and arguments." - -Having read this paragraph, Mr. Hannegan proceeded to reply to it; -and exclaimed-- - - "What does the President here claim? Up to 54 deg. 40'--every inch - of it. He has asserted that claim, and is, as he says, sustained - by 'irrefragable facts and arguments.' But this is not all: I - hold that the language of the Secretary of State is the language - of the President of the United States; and has not Mr. Buchanan, - in his last communication to Mr. Pakenham, named 54 deg. 40' in so - many words? He has. The President adopts this language as his - own. He plants himself on 54 deg. 40'." - -Mr. Hannegan then proceeded to plant the whole democratic party -upon the line of 54-40, and to show that Oregon to that extent, and -Texas to her whole extent, were the watchwords of the party in the -presidential election--that both were to be carried together; and -Texas having been gained, Oregon, without treachery, could not be -abandoned. - - "The democratic party is thus bound to the whole of - Oregon--every foot of it; and let the senator rise in his - place who will tell me in what quarter of this Union--in what - assembly of democrats in this Union, pending the presidential - election, the names of Texas and Oregon did not fly together, - side by side, on the democratic banners. Every where they were - twins--every where they were united. Does the senator from North - Carolina suppose that he, with his appeals to the democracy, - can blind our eyes, as he thinks he tickled our ears? He is - mistaken. 'Texas and Oregon' cannot be divided; they dwell - together in the American heart. Even in Texas, I have been - told the flag of the lone star had inscribed on it the name of - Oregon. Then, it was all Oregon. Now, when you have got Texas, - it means just so much of Oregon as you in your kindness and - condescension think proper to give us. You little know us, if - you think the mighty West will be trodden on in this way." - -Mr. Hannegan then undertook to disclaim for the President the -sentiments attributed to him by Mr. Haywood, and to pronounce an -anathema upon him if the attribution was right. - - "The senator in his defence of the President, put language - into his mouth which I undertake to say the President will - repudiate, and I am not the President's champion. I wish not - to be his champion. I would not be the champion of power. I - defend the right, and the right only. But, for the President, - I deny the intentions which the senator from North Carolina - attributes to him--intentions, which, if really entertained - by him, would make him an infamous man--ay, an infamous man. - He [Mr. Haywood] told the Senate yesterday--unless I grossly - misunderstood him, along with several friends around me--'that - the President had occasionally stickings-in, parenthetically, - to gratify--what?--the ultraisms of the country and of party; - whilst he reposed in the White House with no intentions of - carrying out these parenthetical stickings-in.' In plain words, - he represents the President as parenthetically sticking in a - few hollow and false words to cajole the 'ultraisms of the - country?' What is this, need I ask, but charging upon the - President conduct the most vile and infamous? If this allegation - be true, these intentions of the President must sooner or later - come to light, and when brought to light, what must follow but - irretrievable disgrace? So long as one human eye remains to - linger on the page of history, the story of his abasement will - be read, sending him and his name together to an infamy so - profound, a damnation so deep, that the hand of resurrection - will never be able to drag him forth." - -Mr. Mangum called Mr. Hannegan to order: Mr. Haywood desired that -he might be permitted to proceed, which he did, disclaiming all -disrespect to Mr. Haywood, and concluded with saying; that, "so -far as the whole tone, spirit, and meaning of the remarks of the -senator from North Carolina is concerned, if they speak the language -of James K. Polk, then James K. Polk has spoken words of falsehood -with the tongue of a serpent." - -Mr. Reverdy Johnson came to the relief of the President and Mr. -Haywood in a temperate and well-considered speech, in which he -showed he had had great apprehension of war--that this apprehension -was becoming less, and that he deemed it probable, and right and -honorable in itself, that the President should meet the British on -the line of 49 if they should come to it; and that line would save -the territorial rights of the United States, and the peace and honor -of the country. - - "It is with unaffected embarrassment I rise to address the - Senate on the subject now under consideration; but its great - importance and the momentous issues involved in its final - settlement are such as compel me, notwithstanding my distrust of - my own ability to be useful to my country, to make the attempt. - We have all felt that, at one time at least (I trust that time - is now past), we were in imminent danger of war. From the moment - the President of the United States deemed it right and becoming, - in the outset of his official career, to announce to the world - that our title to Oregon was clear and unquestionable, down to - the period of his message to Congress in December last, when he - reiterated the declaration, I could not see how it was possible - that war should be averted. That apprehension was rendered much - more intense from the character of the debates elsewhere, as - well as from the speeches of some of the President's political - friends within this chamber. I could not but listen with - alarm and dismay to what fell from the very distinguished and - experienced senator from Michigan (Mr. Cass) at an early period - of this debate; to what I heard from the senator from Indiana - (Mr. Hannegan); and, above all, to what was said by the senator - from Ohio (Mr. Allen), the chairman of the Committee on Foreign - Relations, who, in my simplicity, I supposed must necessarily be - apprised of the views of the government in regard to the foreign - concerns of the country. Supposing the condition of the country - to be what it was represented to be by each and all of the three - senators, I could not imagine how it could be possible that the - most direful of all human calamities, war, was to be avoided; - and I was accordingly prepared to say, on the hypothesis of - the fact assumed by the senator from Michigan, that war was - inevitable;--to use his own paraphrase of his own term, which, - it would appear, has got out of favor with himself--'war must - come.' - - "What did they represent to be the condition of the nation? - I speak now more particularly of the last two senators, from - Indiana and Ohio. They told us that negotiation was at an end; - that we were now thrown back on our original rights; that, by - these original rights, as had been officially announced, our - title to the whole country was beyond all question: and that - the national honor must be forfeited, if that title should not - be maintained by force of arms. I felt that he must have been a - careless and a profitless reader of English history who could - indulge the hope that, if such was to be the course and conduct - of this country, war was not inevitable. Then, in addition - to my own opinion, when I heard it admitted by the honorable - senator from Michigan, with that perfect candor which always - distinguishes him on this floor, that, in his opinion, England - would never recede, I felt that war was inevitable. - - "I now rejoice in hoping and believing, from what I have - subsequently heard, that the fears of the Senate, as well as - my own apprehensions, were, as I think, unfounded. Since then, - the statesmanlike view taken by the senator from New York who - first addressed us (Mr. Dix), and by the senator from Missouri - (Mr. Benton), to whom this whole question is as familiar as a - household term--and the spirit of peace which breathed in their - every word--have fully satisfied me that, so far as depends upon - them, a fair and liberal compromise of our difficulties would - not be in want of willing and zealous advocates. - - "And this hope has been yet more strengthened by the recent - speech of the senator from North Carolina (Mr. Haywood), not - now in his place. Knowing, as I thought I did, the intimate - relations, both personal and political, which that senator bore - to the Chief Magistrate--knowing, too, that, as chairman of - the Committee on Commerce, it was his special duty to become - informed in regard to all matters having a bearing on the - foreign relations of the country; I did not doubt, and I do not - now doubt, that in every thing he said as to the determination - of the President to accept, if offered by the British - government, the same terms which he had himself proposed in - July last, the reasonable inference was, that such an offer, if - made, would be accepted. I do not mean to say, because I did not - so understand the senator, that, in addressing this body with - regard to the opinions or purposes of the President, he spoke - by any express or delegated authority. But I do mean to say, - that I have no doubt, from his knowledge of the general views of - the President, as expressed in his message, taken in connection - with certain omissions on the part of the Executive, that when - he announced to us that the President would feel himself in - honor bound to accept his own offer, if now reciprocated by - Great Britain, he spoke that which he knew to be true. And - this opinion was yet more strengthened and confirmed by what I - found to be the effect of his speech on the two senators I have - named--the leaders, if they will permit me to call them so, of - the ultraists on this subject--I mean the senator from Indiana - (Mr. Hannegan), and the senator from Ohio (Mr. Allen). He was - an undiscerning witness of the scene which took place in this - chamber immediately after the speech of the senator from North - Carolina (Mr. Haywood), who must not have seen that those two - senators had consulted together with the view of ascertaining - how far the senator from North Carolina spoke by authority, and - that the result of their consultation was a determination to - catechise that senator; and the better to avoid all mistake, - that they reduced their interrogatory to writing, in order that - it might be propounded to him by the senator from Indiana (Mr. - Hannegan); and if it was not answered, that it was then to be - held as constructively answered by the senator from Ohio (Mr. - Allen). What the result of the manoeuvre was I leave it to the - Senate to decide; but this I will venture to say, that in the - keen encounter of wits, to which their colloquy led, the two - senators who commenced it got rather the worst of the contest. - My hope and belief has been yet further strengthened by what has - NOT since happened; I mean my belief in the pacific views of the - Chief Magistrate. The speech of the senator from North Carolina - was made on Thursday, and though a week has nearly elapsed since - that time, notwithstanding the anxious solicitude of both those - senators, and their evident desire to set the public right on - that subject, we have, from that day to this, heard from neither - of the gentlemen the slightest intimation that the construction - given to the message by the senator from North Carolina was not - a true one." - -Mr. Johnson continued his speech on the merits of the question--the -true line which should divide the British and American possessions -beyond the Rocky Mountains; and placed it on the parallel of 49 deg. -according to the treaty of Utrecht, and in conformity with the -opinions and diplomatic instructions of Mr. Jefferson, who had -acquired Louisiana and sent an expedition of discovery to the -Pacific Ocean, and had well studied the whole question of our -territorial rights in that quarter. Mr. Benton did not speak in -this incidental debate, but he knew that Mr. Haywood spoke with -a knowledge of the President's sentiments, and according to his -wishes, and to prepare the country for a treaty upon 49 deg. He knew -this, because he was in consultation with the President, and was -to speak for the same purpose, and was urged by him to speak -immediately in consequence of the attempt to crush Mr. Haywood--the -first of his friends who had given any intimation of his views. Mr. -Benton, therefore, at an early day, spoke at large upon the question -when it took another form--that of a bill to establish a territorial -government for Oregon; some extracts from which constitute the next -chapter. - - - - -CHAPTER CLVIII. - -OREGON TERRITORIAL GOVERNMENT: BOUNDARIES AND HISTORY OF THE -COUNTRY: FRAZER'S RIVER: TREATY OF UTRECHT: MR. BENTON'S SPEECH: -EXTRACTS. - - -Mr. Benton then addressed the Senate. Mr. President, the bill before -the Senate proposes to extend the sovereignty and jurisdiction -of the United States over all our territories west of the Rocky -Mountains, without saying what is the extent and what are the limits -of this territory. This is wrong, in my opinion. We ought to define -the limits within which our agents are to do such acts as this bill -contemplates, otherwise we commit to them the solution of questions -which we find too hard for ourselves. This indefinite extension of -authority, in a case which requires the utmost precision, forces -me to speak, and to give my opinion of the true extent of our -territories beyond the Rocky Mountains. I have delayed doing this -during the whole session, not from any desire to conceal my opinions -(which, in fact, were told to all that asked for them), but because -I thought it the business of negotiation, not of legislation, to -settle these boundaries. I waited for negotiation: but negotiation -lags, while events go forward; and now we are in the process of -acting upon measures, upon the adoption of which it may no longer -be in the power either of negotiation or of legislation to control -the events to which they may give rise. The bill before us is -without definition of the territory to be occupied. And why this -vagueness in a case requiring the utmost precision? Why not define -the boundaries of these territories? Precisely because we do not -know them! And this presents a case which requires me to wait no -longer for negotiation, but to come forward with my own opinions, -and to do what I can to prevent the evils of vague and indefinite -legislation. My object will be to show, if I can, the true extent -and nature of our territorial claims beyond the Rocky Mountains, -with a view to just and wise decisions; and, in doing so, I shall -endeavor to act upon the great maxim, "Ask nothing but what is -right--submit to nothing that is wrong." - -It is my ungracious task, in attempting to act upon this maxim, to -commence by exposing error at home, and endeavoring to clear up some -great mistakes under which the public mind has labored. - -It has been assumed for two years, and the assumption has been made -the cause of all the Oregon excitement of the country, that we have -a dividing line with Russia, made so by the convention of 1824, -along the parallel of 54 deg. 40', from the sea to the Rocky Mountains, -up to which our title is good. This is a great mistake. No such line -was ever established; and so far as proposed and discussed, it was -proposed and discussed as a northern British, and not as a northern -American line. The public treaties will prove there is no such line; -documents will prove that, so far as 54 deg. 40', from the sea to the -mountains, was ever proposed as a northern boundary for any power, -it was proposed by us for the British, and not for ourselves. - -To make myself intelligible in what I shall say on this point, it is -necessary to go back to the epoch of the Russian convention of 1824, -and to recall the recollection of the circumstances out of which -that convention grew. The circumstances were these: In the year 1821 -the Emperor Alexander, acting upon a leading idea of Russian policy -(in relation to the North Pacific Ocean) from the time of Peter the -Great, undertook to treat that ocean as a close sea, and to exercise -municipal authority over a great extent of its shores and waters. In -September of that year, the emperor issued a decree, bottomed upon -this pretension, assuming exclusive sovereignty and jurisdiction -over both shores of the North Pacific Ocean, and over the high -seas, in front of each coast, to the extent of one hundred Italian -miles, from Behring's Straits down to latitude fifty-one, on the -American coast, and to forty-five on the Asiatic; and denouncing the -penalties of confiscation upon all ships, of whatsoever nation that -should approach the coasts within the interdicted distances. This -was a very startling decree. Coming from a feeble nation, it would -have been smiled at; coming from Russia, it gave uneasiness to all -nations. - -Great Britain and the United States, as having the largest commerce -in the North Pacific Ocean, and as having large territorial claims -on the north-west coast of America, were the first to take the -alarm, and to send remonstrances to St. Petersburg against the -formidable ukase. They found themselves suddenly thrown together, -and standing side by side in this new and portentous contest with -Russia. They remonstrated in concert, and here the wise and pacific -conduct of the Emperor Alexander displayed itself in the most prompt -and honorable manner. He immediately suspended the ukase (which, in -fact, had remained without execution), and invited the United States -and Great Britain to unite with Russia in a convention to settle -amicably, and in a spirit of mutual convenience, all the questions -between them, and especially their respective territorial claims -on the north-west coast of America. This magnanimous proposition -was immediately met by the two powers in a corresponding spirit; -and, the ukase being voluntarily relinquished by the emperor, a -convention was quickly signed by Russia with each power, settling, -so far as Russia was concerned, with each, all their territorial -claims in North-west America. The Emperor Alexander had proposed -that it should be a joint convention of the three powers--a -tripartite convention--settling the claims of each and of all at -the same time; and if this wise suggestion had been followed, -all the subsequent and all the present difficulties between the -United States and Great Britain, with respect to this territory, -would have been entirely avoided. But it was not followed: an act -of our own prevented it. After Great Britain had consented, the -non-colonization principle--the principle of non-colonization in -America by any European power--was promulgated by our government, -and for that reason Great Britain chose to treat separately with -each power, and so it was done. - -Great Britain and the United States treated separately with Russia, -and with each other; and each came to agreements with Russia, but to -none among themselves. The agreements with Russia were contained in -two conventions signed nearly at the same time, and nearly in the -same words, limiting the territorial claim of Russia to 54 deg. 40', -confining her to the coasts and islands, and leaving the continent, -out to the Rocky Mountains, to be divided between the United States -and Great Britain, by an agreement between themselves. The emperor -finished up his own business and quit the concern. In fact, it would -seem, from the promptitude, moderation, and fairness with which -he adjusted all differences both with the United States and Great -Britain, that his only object of issuing the alarming ukase of 1821 -was to bring those powers to a settlement; acting upon the homely, -but wise maxim, that short settlements make long friends. - -Well, there is no such line as 54 deg. 40'; and that would seem to be -enough to quiet the excitement which has been got up about it. -But there is more to come. I set out with saying, that although -this fifty-four forty was never established as a northern boundary -for the United States, yet it was proposed to be established as -a northern boundary, not for us, but for Great Britain--and that -proposal was made to Great Britain by ourselves. This must sound -like a strange statement in the ears of the fifty-four forties; but -it is no more strange than true; and after stating the facts, I mean -to prove them. The plan of the United States at that time was this: -That each of the three powers (Great Britain, Russia, and the United -States) having claims on the north-west coast of America, should -divide the country between them, each taking a third. In this plan -of partition, each was to receive a share of the continent from -the sea to the Rocky Mountains, Russia taking the northern slice, -the United States the southern, and Great Britain the centre, with -fifty-four forty for her northern boundary, and forty-nine for her -southern. The document from which I now read will say fifty-one; but -that was the first offer--forty-nine was the real one, as I will -hereafter show. This was our plan. The moderation of Russia defeated -it. That power had no settlements on that part of the continent, and -rejected the continental share which we offered her. She limited -herself to the coasts and islands where she had settlements, and -left Great Britain and the United States to share the continent -between themselves. But before this was known, we had proposed -to her fifty-four forty for the Russian southern boundary, and to -Great Britain the same for her northern boundary. I say fifty-four -forty; for, although the word in the proposition was fifty-five, -yet it was on the principle which gave fifty-four forty--namely, -running from the south end of Prince of Wales' Island, supposed to -be in fifty-five, but found to have a point to it running down to -fifty-four forty. We proposed this to Great Britain. She refused -it, saying she would establish her northern boundary with Russia, -who was on her north, and not with the United States, who was on -her south. This seemed reasonable; and the United States then, and -not until then, relinquished the business of pressing fifty-four -forty upon Great Britain for her northern boundary. The proof is in -the executive documents. Here it is--a despatch from Mr. Rush, our -minister in London, to Mr. Adams, Secretary of State, dated December -19, 1823. - -(The despatch read.) - - Here is the offer, in the most explicit terms, in 1823, to make - fifty-five, which was in fact fifty-four forty, the northern - boundary of Great Britain; and here is her answer to that - proposition. It is the next paragraph in the same despatch from - Mr. Rush to Mr. Adams. - -(The answer read.) - - This was her answer, refusing to take, in 1823, as a northern - boundary coming south for quantity, what is now prescribed to - her, at the peril of war, for a southern boundary, with nothing - north!--for, although the fact happens to be that Russia is not - there, bounding us on the north, yet that makes no difference in - the philosophy of our Fifty-four-Forties, who believe it to be - so; and, on that belief, are ready to fight. Their notion is, - that we go jam up to 54 deg. 40', and the Russians come jam down to - the same, leaving no place for the British lion to put down a - paw, although that paw should be no bigger than the sole of the - dove's foot which sought a resting-place from Noah's ark. This - must seem a little strange to British statesmen, who do not grow - so fast as to leave all knowledge behind them. They remember - that Mr. Monroe and his cabinet--the President and cabinet who - acquired the Spanish title under which we now propose to squeeze - them out of the continent--actually offered them six degrees - of latitude in that very place; and they will certainly want - reasons for this so much compression now, where we offered them - so much expansion then. These reasons cannot be given. There - is no boundary at 54 deg. 40'; and so far as we proposed to make - it one, it was for the British and not for ourselves; and so - ends this redoubtable line, up to which all true patriots were - to march! and marching, fight! and fighting, die! if need be! - singing all the while, with Horace-- - - "Dulce et decorum est pro patria mori." - -I come to the line of Utrecht, the existence of which is denied -upon this floor by senators whose fate it seems to be to assert -the existence of a line that is not, and to deny the existence -of one that is. A clerk in the Department of State has compiled -a volume of voyages and of treaties, and, undertaking to set the -world right, has denied that commissioners ever met under the treaty -of Utrecht, and fixed boundaries between the British northern and -French Canadian possessions in North America. That denial has been -produced and accredited on this floor by a senator in his place -(Mr. Cass); and this production of a blundering book, with this -senatorial endorsement of its blunder, lays me under the necessity -of correcting a third error which the "fifty-four-forties" hug to -their bosom, and the correction of which becomes necessary for the -vindication of history, the establishment of a political right, and -the protection of the Senate from the suspicion of ignorance. I -affirm that the line was established; that the commissioners met and -did their work; and that what they did has been acquiesced in by all -the powers interested from the year 1713 down to the present time. - -In the year 1805, being the second year after the acquisition of -Louisiana, President Jefferson sent ministers to Madrid (Messrs. -Monroe and Charles Pinckney) to adjust the southern and southwestern -boundaries with her; and, in doing so, the principles which had -governed the settlement of the northern boundary of the same -province became a proper illustration of their ideas. They quoted -these principles, and gave the line of Utrecht as the example; and -this to Don Pedro Cevallos, one of the most accomplished statesmen -of Europe. They say to him: - - "It is believed that this principle has been admitted and - acted on invariably since the discovery of America, in respect - to their possessions there, by all the European powers. It - is particularly illustrated by the stipulations of their - most important treaties concerning those possessions and the - practice under them, viz., the treaty of Utrecht in 1713, and - that of Paris in 1763. In conformity with the 10th article of - the first-mentioned treaty, the boundary between Canada and - Louisiana on the one side, and the Hudson Bay and Northwestern - Companies on the other, was established by commissioners, by a - line to commence at a cape or promontory on the ocean, in 58 deg. - 31' north latitude; to run thence, southwestwardly, to latitude - 49 deg. north from the equator; and along that line indefinitely - westward. Since that time, no attempt has been made to extend - the limits of Louisiana or Canada to the _north_ of that line, - or of those companies to the _south_ of it, by purchase, - conquest, or grants from the Indians." - -This is what Messrs. Monroe and Charles Pinckney said to Don Pedro -Cevallos--a minister who must be supposed to be as well acquainted -with the treaties which settled the boundaries of the late Spanish -province of Louisiana as we are with the treaties which settle the -boundaries of the United States. The line of Utrecht, and in the -very words which carry it from the Lake of the Woods to the Pacific -Ocean, and which confine the British to the north, and the French -and Spanish to the south of that line, are quoted to Mr. Cevallos -as a fact which he and all the world knew. He received it as such; -and thus Spanish authority comes in aid of British, French, and -American, to vindicate our rights and the truth of history. - -(The letter was read.) - -Another contribution, which I have pleasure to acknowledge, is from -a gentleman of Baltimore, formerly of the House of Representatives -(Mr. Kennedy), who gives me an extract from the Journal of the -British House of Commons, March 5th, 1714, directing a writ to be -issued for electing a burgess in the place of Frederick Herne, -Esq., who, since his election, hath accepted, as the Journal says, -the office of one of his Majesty's commissioners for treating with -commissioners on the part of France for settling the trade between -Great Britain and France. The same entry occurs at the same time -with respect to James Murray, Esq., and Sir Joseph Martyn. The tenth -article of the treaty of Utrecht applies to limits in North America, -the eleventh and fifteenth to commerce; and these commissioners -were appointed under some or all of these articles. Others might -have been appointed by the king, and not mentioned in the journals, -as not being members of Parliament whose vacated seats were to -be filled. All three of the articles of the treaty were equally -obligatory for the appointment of commissioners; and here is proof -that three were appointed under the commercial articles. - -One more piece of testimony, and I have done. And, first, a little -statement to introduce it. We all know that in one of the debates -which took place in the British House of Commons on the Ashburton -treaty, and after that treaty was ratified and past recall, mention -was made of a certain map called the King's map, which had belonged -to the late King (George III.), and hung in his library during his -lifetime, and afterwards in the Foreign Office, from which said -office the said map silently disappeared about the time of the -Ashburton treaty, and which certainly was not before our Senate at -the time of the ratification of that treaty. Well, the member who -mentioned it in Parliament said there was a strong red line upon -it, about the tenth of an inch wide, running all along where the -Americans said the true boundary was, with these words written along -it in four places in King George's handwriting: "_This is Oswald's -line_;" meaning, it is the line of the treaty of peace negotiated by -Mr. Oswald on the British side, and therefore called _Oswald's line_. - -Now, what I have to say is this: That whenever this royal map -shall emerge from its retreat and resume its place in the Foreign -Office, on it will be found another strong red line about the -tenth of an inch wide, in another place, with these words written -on it: Boundaries between the British and French possessions in -America "_as fixed by the treaty of Utrecht_." To complete this -last and crowning piece of testimony, I have to add that the -evidence of it is in the Department of State, as is nearly the whole -of the evidence which I have used in crushing this _pie-poudre_ -insurrection--"_this puddle-lane rebellion_"--against the truth and -majesty of history, which, beginning with a clerk in the Department -of State, spread to all the organs, big and little; then reached the -Senate of the United States, held divided empire in this chamber -for four months, and now dies the death of the ridiculous.[9] - - [9] Since the delivery of this speech a copy of a paragraph of a - despatch from Mr. Edward Everett, United States minister in London, - dated 31st March, 1843, has been obtained, giving an account of this - map as shown to him by Lord Aberdeen, containing the two red lines - upon it, one for our northeast boundary, called "Oswald's line," the - other for the northwest, called the line of the "treaty of Utrecht." - The paragraph is in these words: - - "The above was chiefly written before I had seen Mr. Oswald's - map, which I have since by the kindness of Sir Robert Peel and - Lord Aberdeen, been permitted to do. It is a copy of Mitchell in - fine preservation. The boundaries between the British and French - possessions in America, 'as fixed by the treaty of Utrecht,' - are marked upon it in a very full distinct line, at least a - tenth of an inch broad, and those words written in several - places. In like manner the line giving our boundary as we have - always claimed it, that is, carrying the northeastern angle of - Nova Scotia far to the north of the St. Johns, is drawn very - carefully in a bold red line, full a tenth of an inch broad: and - in four different places along the line distinctly written 'the - boundary described by Mr. Oswald.' What is very noticeable is, - that a line narrower, but drawn with care with an instrument, - from the lower end of Lake Nipissing to the source of the - Mississippi, as far as the map permits such a line to run, had - once been drawn on the map, and has since been partially erased, - though still distinctly visible." - - -We must now introduce the gentlemen of 54-40 to Frazer's River, -an acquaintance which they will be obliged to make before they -arrive at their inexorable line; for it lies in their course, -and must be crossed--both itself and the British province of New -Caledonia, which it waters. This, then, is the introduction to -that inevitable acquaintance, hitherto ignored. It is a river of -about a thousand miles in length (following its windings), rising -in the Rocky Mountains, opposite the head of the Unjigah, or Peace -River, which flows into the Frozen Ocean in latitude about 70. The -course of this river is nearly north and south, rising in latitude -55, flowing south to near latitude 49, and along that parallel, -and just north of it, to the Gulf of Georgia, into which it falls -behind Vancouver's Island. The upper part of this river is good for -navigation; the lower half, plunging through volcanic chasms in -mountains of rock, is wholly unnavigable for any species of craft. -This river was discovered by Sir Alexander Mackenzie in 1793, was -settled by the Northwest Company in 1806, and soon covered by their -establishments from head to mouth. No American or Spaniard had ever -left a track upon this river or its valley. Our claim to it, as far -as I can see, rested wholly upon the treaty with Spain of 1819; and -her claim rested wholly upon those discoveries among the islands, -the value of which, as conferring claims upon the continent, it has -been my province to show in our negotiations with Russia in 1824. -At the time that we acquired this Spanish claim to Frazer's River, -it had already been discovered twenty-six years by the British; -had been settled by them for twelve years; was known by a British -name; and no Spaniard had ever made a track on its banks. New -Caledonia, or Western Caledonia, was the name which it then bore; -and it so happens that an American citizen, a native of Vermont, -respectably known to the senators now present from that State, and -who had spent twenty years of his life in the hyperborean regions -of Northwest America, in publishing an account of his travels and -sojournings in that quarter, actually published a description of -this New Caledonia, as a British province, at the very moment that -we were getting it from Spain, and without the least suspicion -that it belonged to Spain! I speak of Mr. David Harmon, whose -Journal of Nineteen Years' Residence between latitudes 47 and 58 -in Northwestern America, was published at Andover, in his native -State, in the year 1820, the precise year after we had purchased -this New Caledonia from the Spaniards. I read, not from the volume -itself, which is not in the library of Congress, but from the London -Quarterly Review January No., 1822, as reprinted in Boston; article, -WESTERN CALEDONIA. - -(The extract.) - -This is the account given by Mr. Harmon of New Caledonia, and -given of it by him at the exact moment that we were purchasing the -Spanish title to it! Of this Spanish title, of which the Spaniards -never heard, the narrator seems to have been as profoundly ignorant -as the Spaniards were themselves; and made his description of New -Caledonia as of a British possession, without any more reference to -an adverse title than if he had been speaking of Canada. So much -for the written description: now let us look at the map, and see -how it stands there. Here is a map--a 54 deg. 40' map--which will show -us the features of the country, and the names of the settlements -upon it. Here is Frazer's River, running from 55 deg. to 49 deg. and here -is a line of British posts upon it, from Fort McLeod, at its head, -to Fort Langley, at its mouth, and from Thompson's Fork, on one -side, to Stuart's Fork on the other. And here are clusters of -British names, imposed by the British, visible every where--Forts -George, St. James, Simpson, Thompson, Frazer, McLeod, Langley, -and others: rivers and lakes with the same names, and others: and -here is Deserter's Creek, so named by Mackenzie, because his guide -deserted him there in July, 1793; and here is an Indian village -which he named Friendly, because the people were the most friendly -to strangers that he had ever seen; and here another called Rascals' -village, so named by Mackenzie fifty-three years ago, because its -inhabitants were the most rascally Indians he had ever seen; and -here is the representation of that famous boundary line 54 deg. 40', -which is supposed to be the exact boundary of American territorial -rights in that quarter, and which happens to include the whole of -New Caledonia, except McLeod's fort, and the whole of Stuart's -lake, and a spring, which is left to the British, while we take -the branch which flows from it. This line takes all in--river, -lakes, forts, villages. See how it goes! Starting at the sea, it -gives us, by a quarter of an inch on the map, Fort Simpson, so -named after the British Governor Simpson, and founded by the Hudson -Bay Company. Upon what principle we take this British fort I know -not--except it be on the assumption that our sacred right and title -being adjusted to a minute, by the aid of these 40 minutes, so -appositely determined by the Emperor Paul's charter to a fur company -in 1799, to be on this straight line, the bad example of even a -slight deviation from it at the start should not be allowed even to -spare a British fort away up at Point McIntyre, in Chatham Sound. -On this principle we can understand the inclusion, by a quarter of -an inch on the map, of this remote and isolated British post. The -cutting in two of Stuart's lake, which the line does as it runs, is -quite intelligible: it must be on the principle stated in one of -the fifty-four-forty papers, that Great Britain should not have one -drop of our water; therefore we divide the lake, each taking their -own share of its drops. The fate of the two forts, McLeod and St. -James, so near each other and so far off from us, united all their -lives, and now so unexpectedly divided from each other by this line, -is less comprehensible; and I cannot account for the difference of -their fates, unless it is upon the law of the day of judgment, when, -of two men in the field, one shall be taken and the other left, -and no man be able to tell the reason why. All the rest of the -inclusions of British establishments which the line makes, from head -to mouth of Frazer's River, are intelligible enough: they turn upon -the principle of all or none!--upon the principle that every acre -and every inch, every grain of sand, drop of water, and blade of -grass in all Oregon, up to fifty-four forty, is ours! and have it we -will. - -This is the country which geography and history five-and-twenty -years ago called New Caledonia, and treated as a British possession; -and it is the country which an _organized_ party among ourselves -of the present day call "_the whole of Oregon or none_," and every -inch of which they say belongs to us. Well, let us proceed a little -further with the documents of 1823, and see what the men of that -day--President Monroe and his cabinet--the men who made the treaty -with Spain by which we became the masters of this large domain: let -us proceed a little further, and see what they thought of our title -up to fifty-four forty. I read from the same document of 1823: - - _Mr. Adams to Mr. Middleton, July, 22, 1823._ - - "The right of the United States, from the forty-second to - the forty-ninth parallel of latitude on the Pacific Ocean - we consider as unquestionable, being founded, first, on the - acquisition by the treaty of 22d February, 1819, of all the - rights of Spain; second, by the discovery of the Columbia River, - first from the sea at its mouth, and then by land, by Lewis and - Clarke; and, third, by the settlement at its mouth in 1811. This - territory is to the United States of an importance which no - possession in North America can be of to any European nation, - not only as it is but the continuity of their possessions - from the Atlantic to the Pacific Ocean, but as it offers - their inhabitants the means of establishing hereafter water - communications from the one to the other." - -From 42 deg. to 49 deg. is here laid down by Mr. Monroe and his cabinet as -the extent of our unquestionable title, and on these boundaries -they were ready to settle the question. Five other despatches the -same year from Mr. Adams to Mr. Rush, our minister in London, offer -the same thing. They all claim the valley of the Columbia River, -and nothing more. They claim the land drained by its waters, and no -more; but as the Columbia had a northern prong, drawing water just -under the mountains from as far north as 51 deg.--yes! 51--not 54-40, -they offered to cut off the head of that prong, and take the line -of 49, which included all that was worth having of the waters of the -Columbia, and left out, but barely left out, Frazer's River--coming -within three miles of it at its mouth. - -On Friday, Mr. President, I read one passage from the documents of -1823, to let you see that fifty-four forty (for that is the true -reading of fifty-five) had been offered to Great Britain for her -northern boundary: to-day I read you six PASSAGES from the same -documents, to show the same thing. And let me remark once more--the -remark will bear eternal repetition--these offers were made by the -men who had acquired the Spanish title to Oregon! and who must be -presumed to know as much about it as those whose acquaintance with -Oregon dates from the epoch of the Baltimore convention--whose -love for it dates from the era of its promulgation as a party -watchword--whose knowledge of it extends to the luminous pages of -Mr. Greenhow's horn-book! - -Six times Mr. Monroe and his cabinet renounced Frazer's River -and its valley, and left it to the British! They did so on the -intelligible principle that the British had discovered it, and -settled it, and were in the actual possession of it when we got the -Spanish claim; which claim Spain never made! Upon this principle, -New Caledonia was left to the British in 1823. Upon what _principle_ -is it claimed now? - -This is what Mr. Monroe and his cabinet thought of our title to the -whole of Oregon or none, in the year 1823. They took neither branch -of this proposition. They did not go for all or none, but for some! -They took some, and left some; and they divided by a line right in -itself, and convenient in itself, and mutually suitable to each -party. That President and his cabinet carry their "unquestionable -right" to Oregon as far as 49 deg., and no further. This is exactly -what was done six years before. Mr. Gallatin and Mr. Rush offered -the same line, as being a continuation of the line of Utrecht -(describing it by that name in their despatch of October 20th, -1818), and as covering the valley of the Columbia River, to which -they alleged our title to be indisputable. Mr. Jefferson had offered -the same line in 1807. All these offers leave Frazer's River and -its valley to the British, because they discovered and settled it. -All these offers hold on to the Columbia River and its valley, -because we discovered and settled it; and all these offers let the -principle of contiguity or continuity work equally on the British as -on the American side of the line of Utrecht. - -This is what the statesmen did who made the acquisition of the -Spanish claim to Oregon in 1819. In four years afterwards they had -freely offered all north of 49 to Great Britain; and no one ever -thought of arraigning them for it. Most of these statesmen have -gone through fiery trials since, and been fiercely assailed on all -the deeds of their lives; but I never heard of one of them being -called to account, much less lose an election, for the part he acted -in offering 49 to Great Britain in 1823, or at any other time. For -my part, I thought they were right then, and I think so now; I was -senator then, as I am now. I thought with them that New Caledonia -belonged to the British; and thinking so still, and acting upon the -first half of the great maxim--Ask nothing but what is right--I -shall not ask them for it, much less fight them for it now. - - - - -CHAPTER CLIX. - -OREGON JOINT OCCUPATION: NOTICE AUTHORIZED FOR TERMINATING -IT: BRITISH GOVERNMENT OFFERS THE LINE OF 49: QUANDARY OF THE -ADMINISTRATION: DEVICE: SENATE CONSULTED: TREATY MADE AND RATIFIED. - - -The abrogation of the article in the conventions of 1818 and -1828, for the joint occupation of the Columbia, was a measure -right in itself, indispensable in the actual condition of the -territory--colonies from two nations planting themselves upon it -together--and necessary to stimulate the conclusion of the treaty -which was to separate the possessions of the two countries. Every -consideration required the notice to be given, and Congress finally -voted it; but not without a struggle in each House, longer and more -determined than the disparity of the vote would indicate. In the -House of Representatives, the vote in its favor was 154--headed by -Mr. John Quincy Adams: the nays were 54. The resolution as adopted -by the House, then went to the Senate for its concurrence, where, -on the motion of Mr. Reverdy Johnson, of Maryland, it underwent a -very material alteration in form, without impairing its effect, -adopting a preamble containing the motives for the notice, and of -which the leading were to show that amicable settlement of the title -by negotiation was an object in view, and intended to be promoted -by a separation of interests between the parties. Thus amended, the -resolution was passed by a good majority--40 to 14. The yeas and -nays were: - - Messrs. Archer, Ashley, Atherton, Bagby, Barrow, Benton, - Berrien, Calhoun, Cameron, Chalmers, John M. Clayton, Corwin, - Crittenden, Davis, Dayton, Dix, Greene, Haywood, Houston, - Huntington, Jarnagin, Johnson of Maryland, Johnson of Louisiana, - Lewis, McDuffie, Mangum, Miller, Morehead, Niles, Pearce, - Pennybacker, Phelps, Rusk, Sevier, Simmons, Speight, Turney, - Upham, Webster, Woodbridge. - -The nays were: - - Messrs. Allen, Atchison, Breese, Bright, Cass, Thomas Clayton, - Dickinson, Evans, Fairfield, Hannegan, Jenness, Semple, - Sturgeon, Westcott. - -These nays were not all opposed to the notice itself, but to the -form it had adopted, and to the clause which left it discretional -with the President to give it when he should think proper. They -constituted the body of the extreme friends of Oregon, standing on -the Baltimore platform--"the whole of Oregon or none"--looking to -war as inevitable, and who certainly would have made it if their -course had been followed. In the House the Senate's amendment -was substantially adopted, and by an increased vote; and the -authority for terminating the joint occupancy--a great political -blunder in itself, and fraught with dangerous consequences--was -eventually given, but after the lapse of a quarter of a century, -and after bringing the two countries to the brink of hostilities. -The President acted at once upon the discretion which was given -him--caused the notice for the abrogation of the joint occupant -article to be immediately given to the British government--and -urged Congress to the adoption of the measures which were necessary -for the protection of the American citizens who had gone to the -territory. - -The news of the broken off negotiations was received with regret in -Great Britain. Sir Robert Peel, with the frankness and integrity -which constitute the patriotic statesman, openly expressed his -regret in Parliament that the offer of 49, when made by the American -government, had not been accepted by the British government; and -it was evident that negotiations would be renewed. They were so: -and in a way to induce a speedy conclusion of the question--being -no less than a fair and open offer on the side of the British to -accept the line we had offered. The administration was in a quandary -(qu'en dirai-je? what shall I say to it?), at this unexpected offer. -They felt that it was just, and that it ought to be accepted: at -the same time they had stood upon the platform of the Baltimore -convention--had helped to make it--had had the benefit of it in -the election; and were loth to show themselves inconsistent, or -ignorant. Besides the fifty-four forties were in commotion against -it. A specimen of their temper has been shown in Mr. Hannegan's -denunciation of the President. All the government newspapers--the -official organ at Washington City, and the five hundred democratic -papers throughout the Union which followed its lead, were all -vehement against it. Underhandedly they did what they could to allay -the storm which was raging--encouraging Mr. Haywood, Mr. Benton, -and others to speak; but the pride of consistency, and the fear of -reproach, kept them in the background, and even ostensibly in favor -of 54-40, while encouraging the events which would enable them -to settle on 49. Mr. Pakenham made his offer: it was not a case -for delay: and acceptance or rejection became inevitable. It was -accepted; and nothing remained but to put the treaty into form. A -device was necessary, and it was found in the early practice of the -government--that of the President asking the advice of the Senate -upon the articles of a treaty before the negotiation. Mr. Benton -proposed this course to Mr. Polk. He was pleased with it, but feared -its feasibility. The advice of the Senate would be his sufficient -shield: but could it be obtained? The chances seemed to be against -it. It was an up-hill business, requiring a vote of two-thirds: -it was a novelty, not practised since the time of Washington: -it was a submission to the whigs, with the risk of defeat; for -unless they stood by the President against the dominant division -of his own friends, the advice desired would not be given; and the -embarrassment of the administration would be greater than ever. In -this uneasy and uncertain state of mind, the President had many -conferences with Mr. Benton, the point of which was to know, beyond -the chance of mistake, how far he could rely upon the whig senators. -Mr. Benton talked with them all--with Webster, Archer, Berrien, -John M. Clayton, Crittenden, Corwin, Davis of Massachusetts, -Dayton, Greene of Rhode Island, Huntington of Connecticut, Reverdy -Johnson, Henry Johnson of Louisiana, Miller of New Jersey, Phelps, -Simmons, Upham, Woodbridge,--and saw fully that they intended to -act for their country, and not for their party: and reported to the -President that he would be safe in trusting to them--that their -united voice would be in favor of the advice, which, added to the -minority of the democracy, would make the two-thirds which were -requisite. The most auspicious mode of applying for this advice was -deemed to be the submission of a _projet_ of a treaty, presented by -the British minister, and to be laid before the Senate for their -opinion upon its acceptance. The _projet_ was accordingly received -by Mr. Buchanan, a message drawn up, and the desired advice was to -be asked the next day, 10th of June. A prey to anxiety as to the -conduct of the whigs, the mere absence of part of whom would defeat -the measure, the President sent for Mr. Benton the night before, -to get himself re-assured on that point. Mr. Benton was clear and -positive that they would be in their places, and would vote the -advice, and that the measure would be carried. The next day the -_projet_ of the treaty was sent in, and with it a message from the -President, asking the advice which he desired. It stated:-- - - "In the early periods of the government, the opinion and advice - of the Senate were often taken in advance upon important - questions of our foreign policy. General Washington repeatedly - consulted the Senate, and asked their previous advice upon - pending negotiations with foreign powers; and the Senate in - every instance responded to his call by giving their advice, - to which he always conformed his action. This practice, though - rarely resorted to in later times, was, in my judgment, - eminently wise, and may, on occasions of great importance, be - properly revived. The Senate are a branch of the treaty-making - power; and, by consulting them in advance of his own action - upon important measures of foreign policy which may ultimately - come before them for their consideration, the President secures - harmony of action between that body and himself. The Senate - are, moreover, a branch of the war-making power, and it may - be eminently proper for the Executive to take the opinion and - advice of that body in advance upon any great question which - may involve in its decision the issue of peace or war. On the - present occasion, the magnitude of the subject would induce me, - under any circumstances, to desire the previous advice of the - Senate; and that desire is increased by the recent debates and - proceedings in Congress, which render it, in my judgment, not - only respectful to the Senate, but necessary and proper, if not - indispensable, to insure harmonious action between that body and - the Executive. In conferring on the Executive the authority to - give the notice for the abrogation of the convention of 1827, - the Senate acted publicly so large a part, that a decision on - the proposal now made by the British government, without a - definite knowledge of the views of that body in reference to it, - might render the question still more complicated and difficult - of adjustment. For these reasons I invite the consideration of - the Senate to the proposal of the British government for the - settlement of the Oregon question, and ask their advice on the - subject." - -This statement and expression of opinion were conformable to the -early practice of the government and the theory of the constitution, -which, in requiring the President to take the advice of the Senate -in the formation of treaties, would certainly imply a consultation -before they were made; and this interpretation had often been -asserted by members of the Senate. As an interpretation deemed right -in itself, and being deferential to the Senate, and being of good -example for the future, and of great immediate practical good in -taking the question of peace or war with Great Britain out of the -hands of an administration standing upon the creed of the Baltimore -convention, and putting it into the hands of the whigs to whom it -did not apply, and that part of the democracy which disregarded -it, this application of the President was most favorably received. -Still, however, dominated by the idea of consistency, the President -added a salvo for that sensitive point in the shape of a reservation -in behalf of his previous opinions, thus: - - "My opinions and my action on the Oregon question were fully - made known to Congress in my annual message of the second - of December last; and the opinions therein expressed remain - unchanged." - -With this reservation, and with a complete devolution of the -responsibility of the act upon the Senate, he proceeded to ask their -advice in these terms: - - "Should the Senate, by the constitutional majority required for - the ratification of treaties, advise the acceptance of this - proposition, or advise it with such modifications as they may, - upon full deliberation, deem proper, I shall conform my action - to their advice. Should the Senate, however, decline by such - constitutional majority to give such advice, or to express an - opinion on the subject, I shall consider it my duty to reject - the offer." - -It was clear, then, that the fact of treaty or no treaty depended -upon the Senate--that the whole responsibility was placed upon -it--that the issue of peace or war depended upon that body. Far from -shunning this responsibility, that body was glad to take it, and -gave the President a faithful support against himself, against his -cabinet, and against his peculiar friends. These friends struggled -hard, and exhausted parliamentary tactics to defeat the application, -and though a small minority, were formidable in a vote where each -one counted two against the opposite side. The first motion was -to refer the message to the Committee on Foreign Relations, where -the fifty-four forties were in the majority, and from whose action -delay and embarrassment might ensue. Failing in that motion, it was -moved to lay the message on the table. Failing again, it was moved -to postpone the consideration of the subject to the next week. -That motion being rejected, the consideration of the message was -commenced, and then succeeded a series of motions to amend and alter -the terms of the proposition as submitted. All these failed, and at -the end of two days the vote was taken and the advice given. The -yeas were: - - "Messrs. Archer, Ashley, Bagby, Benton, Berrien, Calhoun, - Chalmers, Thomas Clayton, John M. Clayton, Colquitt, Davis, - Dayton, Dix, Evans, Greene, Haywood, Houston, Huntington, - Johnson of Maryland, Johnson of Louisiana, Lewis, McDuffie, - Mangum, Miller, Morehead, Niles, Pearce, Pennybacker, Phelps, - Rusk, Sevier, Simmons, Speight, Turney, Upham, Webster, - Woodbridge, Yulee."--38. - -The nays: - - "Messrs. Allen, Atherton, Breese, Cameron, Cass, Dickinson, - Fairfield, Hannegan, Jarnagin, Jenness, Semple, Sturgeon."--12. - -The advice was in these words: - - "_Resolved_ (two-thirds of the Senators present concurring), - That the President of the United States be, and he is hereby, - advised to accept the proposal of the British government, - accompanying his message to the Senate dated 10th June, 1846, - for a convention to settle boundaries, &c., between the United - States and Great Britain west of the Rocky or Stony mountains. - - "_Ordered_, That the Secretary lay the said resolution before - the President of the United States." - -Four days afterwards the treaty was sent in in due form, accompanied -by a message which still left its responsibility on the advising -Senate, thus: - - "In accordance with the resolution of the Senate of the 12th - instant, that 'the President of the United States be, and - he is hereby, advised to accept the proposal of the British - government, accompanying his message to the Senate dated 10th - June, 1846, for a convention to settle boundaries, &c., between - the United States and Great Britain west of the Rocky or Stony - mountains,' a convention was concluded and signed on the 15th - instant, by the Secretary of State on the part of the United - States, and the envoy extraordinary and minister plenipotentiary - of her Britannic Majesty on the part of Great Britain. This - convention I now lay before the Senate for their consideration, - with a view to its ratification." - -Two days more were consumed in efforts to amend or alter the treaty -in various of its provisions, all of which failing, the final vote -on its ratification was taken, and carried by an increased vote on -each side--41 to 14. - - YEAS.--"Messrs. Archer, Ashley, Bagby, Barrow, Benton, Berrien, - Calhoun, Chalmers, Thomas Clayton, John M. Clayton, Colquitt, - Corwin, Crittenden, Davis, Dayton, Dix, Evans, Greene, Haywood, - Houston, Huntington, Johnson of Maryland, Henry Johnson of - Louisiana, Lewis, McDuffie, Mangum, Miller, Morehead, Niles, - Pearce, Pennybacker, Phelps, Rusk, Sevier, Simmons, Speight, - Turney, Upham, Webster, Woodbridge, Yulee. - - NAYS.--"Messrs. Allen, Atchison, Atherton, Breese, Bright, - Cameron, Cass, Dickinson, Fairfield, Hannegan, Jenness, Semple, - Sturgeon, Westcott." - -An anomaly was presented in the progress of this question--that of -the daily attack, by all the government papers, upon the senators -who were accomplishing the wishes of the President. The organ at -Washington, conducted by Mr. Ritchie, was incessant and unmeasured -in these attacks, especially on Mr. Benton, whose place in the -party, and his geographical position in the West, gave him the -privilege of being considered the leader of the forty-nines, and -therefore the most obnoxious. It was a new thing under the sun -to see the senator daily assailed, in the government papers, for -carrying into effect the wishes of the government--to see him -attacked in the morning for what the President was hurrying him -to do the night before. His course was equally independent of the -wishes of the government, and the abuse of its papers. He had -studied the Oregon question for twenty-five years--had his mind -made up upon it--and should have acted according to his convictions -without regard to support or resistance from any quarter.--The issue -was an instructive commentary upon the improvidence of these party -platforms, adopted for an electioneering campaign, made into a party -watch-word, often fraught with great mischief to the country, and -often founded in ignorance or disregard of the public welfare. This -Oregon platform was eminently of that character. It was a party -platform for the campaign: its architects knew but little of the -geography of the north-west coast, or of its diplomatic history. -They had never heard of the line of the treaty of Utrecht, and -denied its existence: they had never heard of the multiplied offers -of our government to settle upon that line, and treated the offer -now as a novelty and an abandonment of our rights: they had never -heard that their 54-40 was no line on the continent, but only a -point on an island on the coast, fixed by the Emperor Paul as the -southern limit of the charter granted by him to the Russian Fur -Company: had never heard of Frazer's River and New Caledonia, which -lay between Oregon and their indisputable line, and ignored the -existence of that river and province. The pride of consistency made -them adhere to these errors; and a desire to destroy Mr. Benton -for not joining in the _hurrahs_ for the "whole of Oregon, or -none," and for the "immediate annexation of Texas without regard to -consequences," lent additional force to the attacks upon him. The -conduct of the whigs was patriotic in preferring their country to -their party--in preventing a war with Great Britain--and in saving -the administration from itself and its friends. Great Britain acted -magnanimously, and was worthily represented by her minister, -Mr. (now Sir Richard) Pakenham. Her adoption and renewal of our -own offer, settled the last remaining controversy between the -countries--left them in a condition which they had not seen since -the peace of 1783--without any thing to quarrel about, and with a -mutuality of interest in the preservation of peace which promised a -long continuance of peace. But, alas, Great Britain is to the United -States now what Spain was for centuries to her--the raw-head and -bloody-bones which inspires terror and rage. During these centuries -a ministry, or a public man that was losing ground at home, had only -to raise a cry of some insult, aggression, or evil design on the -part of Spain to have Great Britain in arms against her. And so it -is in the United States at present, putting Great Britain in the -place of Spain, and ourselves in hers. We have periodical returns -of complaints against her, each to perish when it has served its -turn, and to be succeeded by another, evanescent as itself. Thus -far, no war has been made; but politicians have gained reputations; -newspapers have taken fire; stocks have vacillated, to the profit -of jobbers; great expense incurred for national defence in ships -and forts, when there is nothing to defend against: and if there -was, the electric telegraph and the steam car would do the work with -little expense either of time or money. - - - - -CHAPTER CLX. - -MEETING OF THE SECOND SESSION OF THE 29TH CONGRESS: PRESIDENT'S MESSAGE: -VIGOROUS PROSECUTION OF THE WAR RECOMMENDED: LIEUTENANT-GENERAL -PROPOSED TO BE CREATED. - - -Congress met at the regular annual period, the first Monday in -December; and being the second session of the same body, there was -nothing to be done, after the assembling of a quorum, before the -commencement of business, but to receive the President's message. It -was immediately communicated, and, of course, was greatly occupied -with the Mexican war. The success of our arms, under the command -of General Taylor, was a theme of exultation; and after that, an -elaborate argument to throw the blame of the war on Mexico. The war -was assumed, and argued to have been made by her, and its existence -only recognized by us after "American blood had been spilled upon -American soil." History is bound to pronounce her judgment upon -these assumptions, and to say that they are unfounded. In the first -place, the legal state of war, the _status belli_, was produced by -the incorporation of Texas, with which Mexico was at war. In the -next place, the United States' government understood that act to -be the assumption of the war in fact, as well as in law, by the -immediate advance of the army to the frontier of Texas, and of -the navy to the Gulf of Mexico, to take the war off the hands of -the Texians. In the third place, the actual collision of arms was -brought on by the further advance of the American troops to the left -bank of the Lower Rio Grande, then and always in the possession -of Mexico, and erecting field works on the bank of the river, and -pointing cannon at the town of Matamoras on the opposite side, the -seat of a Mexican population, and the head-quarters of their army -of observation. It was under these circumstances that the Mexican -troops crossed the river, and commenced the attack. And this is -what is called spilling American blood on American soil. The laws -of nations and the law of self-defence, justify that spilling of -blood; and such will be the judgment of history. The paragraph in -the original message asking for a provisional territorial government -to be established by Congress for the conquered provinces was -superseded, and replaced by one asserting the right of the United -States to govern them under the law of nations, according to the -recommendation of Mr. Benton, and expressed in these words: - - "By the laws of nations a conquered territory is subject to be - governed by the conqueror during his military possession, and - until there is either a treaty of peace, or he shall voluntarily - withdraw from it. The old civil government being necessarily - superseded, it is the right and duty of the conqueror to secure - his conquest, and provide for the maintenance of civil order and - the rights of the inhabitants. This right has been exercised and - this duty performed by our military and naval commanders, by the - establishment of temporary governments in some of the conquered - provinces in Mexico, assimilating them as far as practicable - to the free institutions of our country. In the provinces of - New Mexico and of the Californias, little, if any further - resistance is apprehended from the inhabitants of the temporary - governments which have thus, from the necessity of the case, - and according to the laws of war, been established. It may be - proper to provide for the security of these important conquests, - by making an adequate appropriation for the purpose of erecting - fortifications, and defraying the expenses necessarily incident - to the maintenance of our possession and authority over them." - -Having abandoned the idea of conquering by "a masterly inactivity," -and adopted the idea of a vigorous prosecution of the war, the -President also adopted Mr. Benton's plan for prosecuting it, which -was to carry the war straight to the city of Mexico--General Taylor, -for that purpose, to be supplied with 25,000 men, that, advancing -along the table land by San Luis de Potosi, and overcoming all the -obstacles in his way, and leaving some garrisons, he might arrive -at the capital with some 10,000 men:--General Scott to be supplied -with 15,000, that, landing at Vera Cruz, and leaving some battalions -to invest (with the seamen) that town, he might run up the road to -Mexico, arriving there (after all casualties) with 10,000 men. Thus -20,000 men were expected to arrive at the capital, but 10,000 were -deemed enough to master any Mexican force which could meet it--no -matter how numerous. This plan (and that without any reference to -dissensions among generals) required a higher rank than that of -major-general. A lieutenant-general, representing the constitutional -commander-in-chief, was the proper commander in the field: and as -such, was a part of Colonel Benton's plan; to which negotiation -was to be added, and much relied on, as it was known that the old -republican party--that which had framed a constitution on the model -of that of the United States, and sought its friendship--were all -in favor of peace. All this plan was given to the President in -writing, and having adopted all that part of it which depended on -his own authority, he applied to Congress to give him authority to -do what he could not without it, namely, to make the appointment of -a lieutenant-general--the appointment, it being well known, intended -for Senator Benton, who had been a colonel in the army before either -of the present generals held that rank. The bill for the creation of -this office readily passed the House of Representatives, but was -undermined and defeated in the Senate by three of the President's -cabinet ministers, Messrs. Marcy, Walker, and Buchanan--done -covertly, of course, for reasons unconnected with the public -service. The plan went on, and was consummated, although the office -of lieutenant-general was not created. A major-general, in right -of seniority, had to command other major-generals; while every one -accustomed to military, or naval service, knows that it is rank, -and not seniority, which is essential to harmonious and efficient -command. - - - - -CHAPTER CLXI. - -WAR WITH MEXICO: THE WAR DECLARED, AND AN INTRIGUE FOR PEACE -COMMENCED THE SAME DAY. - - -The state of war had been produced between the United States and -Mexico by the incorporation of Texas: hostilities between the two -countries were brought on by the advance of the American troops to -the left bank of the Lower Rio Grande--the Mexican troops being -on the opposite side. The left bank of the river being disputed -territory, and always in her possession, the Mexican government had -a right to consider this advance an aggression--and the more so -as field-works were thrown up, and cannon pointed at the Mexican -town of Matamoros on the opposite side of the river. The armies -being thus in presence, with anger in their bosoms and arms in -their hands, that took place which every body foresaw must take -place: collisions and hostilities. They did so; and early in May -the President sent in a message to the two Houses of Congress, -informing them that American blood had been spilt upon American -soil; and requesting Congress to recognize the existence of war, -as a fact, and to provide for its prosecution. It was, however, an -event determined upon before the spilling of that blood, and the -advance of the troops was a way of bringing it on. The President in -his message at the commencement of the session, after an enumeration -of Mexican wrongs, had distinctly intimated that he should have -recommended measures of redress if a minister had not been sent -to effect a peaceable settlement; but the minister having gone, -and not yet been heard from, "he should forbear recommending to -Congress such ulterior measures of redress for the wrongs and -injuries we have so long borne, as it would have been proper to -make had no such negotiation been instituted." This was a declared -postponement of war measures for a contingency which might quickly -happen; and did. Mr. Slidell, the minister, returned without having -been received, and denouncing war in his retiring despatch. The -contingency had therefore occurred on which the forbearance of the -President was to cease, and the ulterior measures to be recommended -which he had intimated. All this was independent of the spilt blood; -but that event producing a state of hostilities in fact, fired -the American blood, both in and out of Congress, and inflamed the -country for immediate war. Without that event it would have been -difficult--perhaps impossible--to have got Congress to vote it: -with it, the vote was almost unanimous. Duresse was plead by many -members--duresse in the necessity of aiding our own troops. In the -Senate only two senators voted against the measure, Mr. Thomas -Clayton of Delaware, and Mr. John Davis of Massachusetts. In the -House there were 14 negative votes: Messrs. John Quincy Adams, -George Ashmun, Henry Y. Cranston, Erastus D. Culver, Columbus -Delano, Joshua R. Giddings, Joseph Grinnell, Charles Hudson, Daniel -P. King, Joseph M. Root, Luther Severance, John Strohm, Daniel R. -Tilden and Joseph Vance. Mr. Calhoun spoke against the bill, but -did not vote upon it. He was sincerely opposed to the war, although -his conduct had produced it--always deluding himself, even while -creating the _status belli_, with the belief that money, and her -own weakness, would induce Mexico to submit, and yield to the -incorporation of Texas without forcible resistance: which would -certainly have been the case if the United States had proceeded -gently by negotiation. He had despatched a messenger, to offer a -douceur of ten millions of dollars at the time of signing the treaty -of annexation two years before, and he expected the means, repulsed -then, to be successful now when the incorporation should be effected -under an act of Congress. Had he remained in the cabinet to do which -he had not concealed his wish, his labors would have been earnestly -directed to that end; but his associates who had co-operated with -him in getting up the Texas question for the presidential election, -and to defeat Mr. Van Buren and Mr. Clay, had war in view as an -object within itself from the beginning: and these associates were -now in the cabinet, and he not--their power increased: his gone. -Claims upon Mexico, and speculations in Texas land and scrip, were -with them (the active managing part of the cabinet) an additional -motive, and required a war, or a treaty under the menace of war, or -at the end of war, to make these claims and speculations available. -Mr. Robert J. Walker had the reputation of being at the head of this -class. - -Many members of Congress, of the same party with the administration, -were extremely averse to this war, and had interviews with the -administration, to see if it was inevitable, before it was declared. -They were found united for it, and also under the confident belief -that there would be no war--not another gun fired: and that in -"ninety" or "one hundred and twenty days," peace would be signed, -and all the objects gained. This was laid down as a certainty, and -the President himself declared that Congress would be "responsible -if they did not vote the declaration." Mr. Benton was struck with -this confident calculation, without knowing its basis; and with -these 90 and 120 days, the usual run of a country bill of exchange; -and which was now to become the run of the war. It was enigmatical, -and unintelligible, but eventually became comprehensible. Truth -was, an intrigue was laid for a peace before the war was declared! -and this intrigue was even part of the scheme for making the war. -It is impossible to conceive of an administration less warlike, or -more intriguing, than that of Mr. Polk. They were men of peace, -with objects to be accomplished by means of war; so that war was a -necessity and an indispensability to their purpose; but they wanted -no more of it than would answer their purposes. They wanted a small -war, just large enough to require a treaty of peace, and not large -enough to make military reputations, dangerous for the presidency. -Never were men at the head of a government less imbued with military -spirit, or more addicted to intrigue. How to manage the war was -the puzzle. Defeat would be ruin: to conquer vicariously, would -be dangerous. Another mode must be fallen upon; and that seemed -to have been devised before the declaration was resolved upon, -and to have been relied upon for its immediate termination--for -its conclusion within the 90 and the 120 days which had been so -confidently fixed for its term. This was nothing less than the -restoration of the exiled Santa Anna to power, and the purchase of -a peace from him. The date of the conception of this plan is not -known: the execution of it commenced on the day of the declaration -of war. It was intended to be secret, both for the honor of the -United States, the success of the movement, and the safety of Santa -Anna; but it leaked out: and the ostentation of Captain Slidell -Mackenzie in giving all possible _eclat_ to his secret mission, -put the report on the winds, and sent it flying over the country. -At first it was denied, and early in July the Daily Union (the -government paper) gave it a formal and authoritative contradiction. -Referring to the current reports that paper said: - - "We deem it our duty to state in the most positive terms, - that our government has no sort of connection with any scheme - of Santa Anna for the revolution of Mexico, or for any sort - of purpose. Some three months ago some adventurer was in - Washington, who wished to obtain their countenance and aid in - some scheme or other connected with Santa Anna. They declined - all sort of connection, co-operation, or participation in any - effort for the purpose. The government of this country declines - all such intrigues or bargains. They have made war openly in - the face of the world. They mean to prosecute it with all their - vigor. They mean to force Mexico to do us justice at the point - of the sword. This, then, is their design--this is their plan; - and it is worthy of a bold, high-minded, and energetic people." - -The only part of this publication that retains a surviving interest, -is that which states that, some three months before that time -(which would have been a month before the war was declared), some -adventurer was in Washington who wished to obtain the government -countenance to some scheme connected with Santa Anna. As for the -rest, and all the denial, it was soon superseded by events--by the -actual return of Santa Anna through our fleet, and upon an American -passport! and open landing at Vera Cruz. Further denial became -impossible: justification was the only course: and the President -essayed it in his next annual message. Thus: - - "Before that time (the day of the declaration of the war) there - were symptoms of a revolution in Mexico, favored, as it was - understood to be, by the more liberal party, and especially - by those who were opposed to foreign interference and to the - monarchical government. Santa Anna was then in exile in Havana, - having been expelled from power and banished from his country - by a revolution which occurred in December, 1844; but it was - known that he had still a considerable party in his favor in - Mexico. It was also equally well known, that no vigilance which - could be exerted by our squadron would, in all probability, - have prevented him from effecting a landing somewhere on the - extensive gulf coast of Mexico, if he desired to return to his - county. He had openly professed an entire change of policy; - had expressed his regret that he had subverted the federal - constitution of 1824, and avowed that he was now in favor of - its restoration. He had publicly declared his hostility, in the - strongest terms, to the establishment of a monarchy, and to - European interference in the affairs of his country. Information - to this effect had been received, from sources believed to be - reliable, at the date of the recognition of the existence of - the war by Congress, and was afterwards fully confirmed by the - receipt of the despatch of our consul in the city of Mexico, - with the accompanying documents, which are herewith transmitted. - Besides, it was reasonable to suppose that he must see the - ruinous consequences to Mexico of a war with the United States, - and that it would be his interest to favor peace. It was under - these circumstances and upon these considerations that it was - deemed expedient not to obstruct his return to Mexico, should - he attempt to do so. Our object was the restoration of peace; - and with that view, no reason was perceived why we should take - part with Paredes, and aid him, by means of our blockade, in - preventing the return of his rival to Mexico. On the contrary, - it was believed that the intestine divisions which ordinary - sagacity could not but anticipate as the fruit of Santa Anna's - return to Mexico, and his contest with Paredes, might strongly - tend to produce a disposition with both parties to restore and - preserve peace with the United States. Paredes was a soldier by - profession, and a monarchist in principle. He had but recently - before been successful in a military revolution, by which he had - obtained power. He was the sworn enemy of the United States, - with which he had involved his country in the existing war. - Santa Anna had been expelled from power by the army, was known - to be in open hostility to Paredes, and publicly pledged against - foreign intervention and the restoration of monarchy in Mexico. - In view of these facts and circumstances, it was, that, when - orders were issued to the commander of our naval forces in the - Gulf, on the thirteenth day of May last, the day on which the - existence of the war was recognized by Congress, to place the - coasts of Mexico under blockade, he was directed not to obstruct - the passage of Santa Anna to Mexico, should he attempt to - return." - -So that the return of Santa Anna, and his restoration to power, and -his expected friendship, were part of the means relied upon for -obtaining peace from the beginning--from the day of the declaration -of war, and consequently before the declaration, and obviously as -an inducement to it. This knowledge, subsequently obtained, enabled -Mr. Benton (to whom the words had been spoken) to comprehend the -reliance which was placed on the termination of the war in ninety -or one hundred and twenty days. It was the arrangement with Santa -Anna! we to put him back in Mexico, and he to make peace with us; -of course an agreeable peace. But Santa Anna was not a man to -promise any thing, whether intending to fulfill it or not, without -receiving a consideration; and in this case some million of dollars -was the sum required--not for himself, of course, but to enable him -to promote the peace at home. This explains the application made -to Congress by the President before the end of its session--before -the adjournment of the body which had declared the war--for an -appropriation of two millions as a means of terminating it. On the -4th of August a confidential message was communicated to the Senate, -informing them that he had made fresh overtures to Mexico for -negotiation of a treaty of peace, and asking for an appropriation -of two millions to enable him to treat with the better prospect -of success, and even to pay the money when the treaty should be -ratified in Mexico, without waiting for its ratification by our own -Senate. After stating the overture, and the object, the message went -on to say: - - "Under these circumstances, and considering the exhausted and - distracted condition of the Mexican republic, it might become - necessary, in order to restore peace, that I should have it in - my power to advance a portion of the consideration money for any - cession of territory which may be made. The Mexican government - might not be willing to wait for the payment of the whole until - the treaty could be ratified by the Senate, and an appropriation - to carry it into effect be made by Congress; and the necessity - for such a delay might defeat the object altogether. I would, - therefore, suggest whether it might not be wise for Congress - to appropriate a sum such as they might consider adequate for - this purpose, to be paid, if necessary, immediately upon the - ratification of the treaty by Mexico." - -A similar communication was made to the House on the 8th day of -the month (August), and the dates become material, as connecting -the requested appropriation with the return of Santa Anna, and his -restoration to power. The dates are all in a cluster--Santa Anna -landing at Vera Cruz on the 8th of August, and arriving at the -capital on the 15th--the President's messages informing the Senate -that he had made overtures for peace, and asking the appropriations -to promote it, being dated on the 4th and the 8th of the same month. -The fact was, it was known at what time Santa Anna was to leave -Havana for Mexico, and the overture was made, and the appropriations -asked, just at the proper time to meet him. The appropriation was -not voted by Congress, and at the next session the application for -it was renewed, increased to three millions--the same to which Mr. -Wilmot offered that _proviso_ which Mr. Calhoun privately hugged to -his bosom as a fortunate event for the South, while publicly holding -it up as the greatest of outrages, and just cause for a separation -of the slave and the free States. - -An intrigue for peace, through the restored Santa Anna, was then -a part of the war with Mexico from the beginning. They were -simultaneous concoctions. They were twins. The war was made to get -the peace. Ninety to one-hundred and twenty days was to be the limit -of the life of the war, and that pacifically all the while, and to -be terminated by a good treaty of indemnities and acquisitions. It -is probably the first time in the history of nations that a secret -intrigue for peace was part and parcel of an open declaration of -war! the first time that a war was commenced upon an agreement to -finish it in so many days! and that the terms of its conclusion were -settled before its commencement. It was certainly a most unmilitary -conception: and infinitely silly, as the event proved. Santa Anna, -restored by our means, and again in power, only thought of himself, -and how to make Mexico his own, after getting back. He took the -high military road. He roused the war spirit of the country, -raised armies, placed himself at their head, issued animating -proclamations; and displayed the most exaggerated hatred to the -United States--the more so, perhaps, to cover up the secret of his -return. He gave the United States a year of bloody and costly work! -many thousands killed--many more dead of disease--many ten millions -of money expended. Buena Vista, Cerro Gordo, Contreras, Churubusco, -Chepultepec, were the fruit of his return! honorable to the American -arms, but costly in blood and money. To the Mexicans his return was -not less inauspicious: for, true to his old instincts, he became the -tyrant of his country--ruled by fraud, force, and bribes--crushed -the liberal party--exiled or shot liberal men--became intolerable--and -put the nation to the horrors of another civil war to expel him -again, and again: but not finally until he had got another milking -from the best cow that ever was in his pen--more money from the -United States. It was all the natural consequence of trusting such -a man: the natural consequence of beginning war upon an intrigue -with him. But what must history say of the policy and morality of -such doings? The butcher of the American prisoners at Goliad, San -Patricio, the Old Mission and the Alamo; the destroyer of republican -government at home; the military dictator aspiring to permanent -supreme power: this man to be restored to power by the United -States, for the purpose of fulfilling speculating and indemnity -calculations on which a war was begun. - - - - -CHAPTER CLXII. - -BLOODLESS CONQUEST OF NEW MEXICO: HOW IT WAS DONE: SUBSEQUENT BLOODY -INSURRECTION, AND ITS CAUSE. - - -General Kearney was directed to lead an expedition to New Mexico, -setting out from the western frontier of Missouri, and mainly -composed of volunteers from that State; and to conquer the province. -He did so, without firing a gun, and the only inquiry is, how it was -done? how a province nine hundred miles distant, covered by a long -range of mountain which could not well be turned, penetrable only -by a defile which could not be forced, and defended by a numerous -militia--could so easily be taken? This work does not write of -military events, open to public history, but only of things less -known, and to show how they were done: and in this point of view the -easy and bloodless conquest of New Mexico, against such formidable -obstacles, becomes an exception, and presents a proper problem for -intimate historical solution. That solution is this: At the time of -the fitting out that expedition there was a citizen of the United -States, long resident in New Mexico, on a visit of business at -Washington City--his name James Magoffin;--a man of mind, of will, -of generous temper, patriotic, and rich. He knew every man in New -Mexico and his character, and all the localities, and could be of -infinite service to the invading force. Mr. Benton proposed to him -to go with it: he agreed. Mr. Benton took him to the President and -Secretary at War, who gladly availed themselves of his agreement -to go with General Kearney. He went: and approaching New Mexico, -was sent ahead, with a staff officer--the officer charged with a -mission, himself charged with his own plan: which was to operate -upon Governor Armijo, and prevent his resistance to the entrance -of the American troops. That was easily done. Armijo promised not -to make a stand at the defile, after which the invaders would -have no difficulty. But his second in command, Col. Archuletti, -was determined to fight, and to defend that pass; and if he did, -Armijo would have to do the same. It became indispensable to quiet -Archuletti. He was of different mould from the governor, and only -accessible to a different class of considerations--those which -addressed themselves to ambition. Magoffin knew the side on which -to approach him. It so happened that General Kearney had set out -to take the left bank of the Upper Del Norte--the eastern half of -New Mexico--as part of Texas, leaving the western part untouched. -Magoffin explained this to Archuletti, pointed to the western half -of New Mexico as a derelict, not seized by the United States, -and too far off to be protected by the central government: and -recommended him to make a _pronunciamiento_, and take that half -to himself. The idea suited the temper of Archuletti. He agreed -not to fight, and General Kearney was informed there would be no -resistance at the defile: and there was none. Some thousands of -militia collected there (and which could have stopped a large -army), retired without firing a gun, and without knowing why. Armijo -fled, and General Kearney occupied his capital: and the conquest -was complete and bloodless: and this was the secret of that facile -success--heralded in the newspapers as a masterpiece of generalship, -but not so reported by the general. - -But there was an after-clap, to make blood flow for the recovery of -a province which had been yielded without resistance. Mr. Magoffin -was sincere and veracious in what he said to Col. Archuletti; -but General Kearney soon (or before) had other orders, and took -possession of the whole country! and Archuletti, deeming himself -cheated, determined on a revolt. Events soon became favorable to -him. General Kearney proceeded to California, leaving General -Sterling Price in command, with some Missouri volunteers. Archuletti -prepared his insurrection, and having got the upper country above -Santa Fe ready, went below to prepare the lower part. While absent, -the plot was detected and broke out, and led to bloody scenes in -which there was severe fighting, and many deaths on both sides. It -was in this insurrection that Governor Charles Bent, of New Mexico, -and Captain Burgwin of the United States army, and many others were -killed. The insurgents fought with courage and desperation; but, -without their leader, without combination, without resources, they -were soon suppressed; many being killed in action, and others hung -for high treason--being tried by some sort of a court which had no -jurisdiction of treason. All that were condemned were hanged except -one, and he recommended to the President of the United States for -pardon. Here was a dilemma for the administration. To pardon the -man would be to admit the legality of the condemnation: not to -pardon was to subject him to murder. A middle course was taken: the -officers were directed to turn loose the condemned, and let him run. -And this was the cause of the insurrection, and its upshot. - -Mr. Magoffin having prepared the way for the entrance of General -Kearney into Santa Fe, proceeded to the execution of the remaining -part of his mission, which was to do the same by Chihuahua for -General Wool, then advancing upon that ancient capital of the -Western Internal Provinces on a lower line. He arrived in that -city--became suspected--was arrested--and confined. He was a -social, generous-tempered man, a son of Erin: loved company, spoke -Spanish fluently, entertained freely, and where it was some cost -to entertain--claret $36 00 a-dozen, champagne $50 00. He became a -great favorite with the Mexican officers. One day the military judge -advocate entered his quarters, and told him that Dr. Connolly, an -American, coming from Santa Fe, had been captured near El Paso del -Norte, his papers taken, and forwarded to Chihuahua, and placed -in his hands, to see if there were any that needed government -attention: and that he had found among the papers a letter addressed -to him (Mr. Magoffin). He had the letter unopened, and said he did -not know what it might be; but being just ordered to join Santa -Anna at San Luis Potosi, and being unwilling that any thing should -happen after he was gone to a gentleman who had been so agreeable -to him, he had brought it to him, that he might destroy it if -there was any thing in it to commit him. Magoffin glanced his eyes -over the letter. It was an attestation from General Kearney of his -services in New Mexico, recommending him to the acknowledgments of -the American government in that invasion!--that is to say, it was -his death warrant, if seen by the Mexican authorities. A look was -exchanged: the letter went into the fire: and Magoffin escaped being -shot. - -But he did not escape suspicion. He remained confined until the -approach of Doniphan's expedition, and was then sent off to Durango, -where he remained a prisoner to the end of the war. Returning to -the United States after the peace, he came to Washington in the -last days of Mr. Polk's administration, and expected remuneration. -He had made no terms, asked nothing, and received nothing, and had -expended his own money, and that freely, for the public service. The -administration had no money applicable to the object. Mr. Benton -stated his case in secret session in the Senate, and obtained an -appropriation, couched in general terms, of fifty thousand dollars -for secret services rendered during the war. The appropriation, -granted in the last night of the expiring administration, remained -to be applied by the new one--to which the business was unknown, -and had to be presented unsupported by a line of writing. Mr. -Benton went with Magoffin to President Taylor, who, hearing -what he had done, and what information he had gained for General -Kearney, instantly expressed the wish that he had had some person -to do the same for him--observing that he got no information but -what he obtained at the point of the bayonet. He gave orders to -the Secretary at War to attend to the case as if there had been -no change in the administration. The secretary (Mr. Crawford, of -Georgia), higgled, required statements to be filed, almost in -the nature of an account; and, finally, proposed thirty thousand -dollars. It barely covered expenses and losses; but, having -undertaken the service patriotically, Magoffin would not lower its -character by standing out for more. The paper which he filed in the -war office may furnish some material for history--some insight into -the way of making conquests--if ever examined. This is the secret -history of General Kearney's expedition, and of the insurrection, -given because it would not be found in the documents. The history -of Doniphan's expedition will be given for the same reason, and -to show that a regiment of citizen volunteers, without a regular -officer among them, almost without expense, and hardly with the -knowledge of their government, performed actions as brilliant as -any that illustrated the American arms in Mexico; and made a march -in the enemy's country longer than that of the ten thousand under -Xenophon. This history will constitute the next chapter, and will -consist of the salutatory address with which the heroic volunteers -were saluted, when, arriving at St. Louis, they were greeted with a -public reception, and the Senator of Thirty Years required to be the -organ of the exulting feelings of their countrymen. - - - - -CHAPTER CLXIII. - -MEXICAN WAR: DONIPHAN'S EXPEDITION: MR. BENTON'S SALUTATORY ADDRESS, -ST. LOUIS, MISSOURI. - - -COLONEL DONIPHAN AND OFFICERS AND MEN:--I have been appointed -to an honorable and a pleasant duty--that of making you the -congratulations of your fellow-citizens of St. Louis, on your happy -return from your long, and almost fabulous expedition. You have, -indeed, marched far, and done much, and suffered much, and well -entitled yourselves to the applauses of your fellow-citizens, as -well as to the rewards and thanks of your government. A year ago -you left home. Going out from the western border of your State, you -re-enter it on the east, having made a circuit equal to the fourth -of the circumference of the globe, providing for yourselves as you -went, and returning with trophies taken from fields, the names of -which were unknown to yourselves and your country, until revealed -by your enterprise, illustrated by your valor, and immortalized by -your deeds. History has but few such expeditions to record; and when -they occur, it is as honorable and useful as it is just and wise, to -celebrate and commemorate the events which entitle them to renown. - -Your march and exploits have been among the most wonderful of the -age. At the call of your country you marched a thousand miles to the -conquest of New Mexico, as part of the force under General Kearney, -and achieved that conquest, without the loss of a man, or the fire -of a gun. That work finished, and New Mexico, itself so distant, -and so lately the ultima thule--the outside boundary of speculation -and enterprise--so lately a distant point to be attained, becomes -itself a point of departure--a beginning point, for new and far more -extended expeditions. You look across the long and lofty chain--the -Cordilleras of North America--which divide the Atlantic from the -Pacific waters; and you see beyond that ridge, a savage tribe -which had been long in the habit of depredations upon the province -which had just become an American conquest. You, a part only of -the subsequent Chihuahua column, under Jackson and Gilpin, march -upon them--bring them to terms--and they sign a treaty with Colonel -Doniphan, in which they bind themselves to cease their depredations -on the Mexicans, and to become the friends of the United States. A -novel treaty, that! signed on the western confines of New Mexico, -between parties who had hardly ever heard each other's names before, -and to give peace and protection to Mexicans who were hostile to -both. This was the meeting, and this the parting of the Missouri -volunteers, with the numerous and savage tribe of the Navaho -Indians living on the waters of the Gulf of California, and so long -the terror and scourge of Sonora, Sinaloa, and New Mexico. - -This object accomplished, and impatient of inactivity, and without -orders (General Kearney having departed for California), you cast -about to carve out some new work for yourselves. Chihuahua, a -rich and populous city of near thirty thousand souls, the seat of -government of the State of that name, and formerly the residence -of the captains-general of the Internal Provinces under the -vice-regal government of New Spain, was the captivating object -which fixed your attention. It was a far distant city--about as -far from St. Louis as Moscow is from Paris; and towns and enemies, -and a large river, and defiles and mountains, and the desert whose -ominous name, portending death to travellers--_el jornada de los -muertos_--the journey of the dead--all lay between you. It was a -perilous enterprise, and a discouraging one, for a thousand men, -badly equipped, to contemplate. No matter. Danger and hardship -lent it a charm, and the adventurous march was resolved on, and -the execution commenced. First, the ominous desert was passed, its -character vindicating its title to its mournful appellation--an -arid plain of ninety miles, strewed with the bones of animals -perished of hunger and thirst--little hillocks of stone, and the -solitary cross, erected by pious hands, marking the spot where some -Christian had fallen, victim of the savage, of the robber, or of -the desert itself--no water--no animal life--no sign of habitation. -There the Texian prisoners, driven by the cruel Salazar, had met -their direst sufferings, unrelieved, as in other parts of their -march in the settled parts of the country, by the compassionate -ministrations (for where is it that _woman_ is not compassionate?) -of the pitying women. The desert was passed, and the place for -crossing the river approached. A little arm of the river, Bracito -(in Spanish), made out from its side. There the enemy, in superior -numbers, and confident in cavalry and artillery, undertook to bar -the way. Vain pretension! Their discovery, attack, and rout, were -about simultaneous operations. A few minutes did the work! And in -this way our Missouri volunteers of the Chihuahua column spent their -Christmas day of the year 1846. - -The victory of the Bracito opened the way to the crossing of the -river Del Norte, and to admission into the beautiful little town of -the Paso del Norte, where a neat cultivation, a comfortable people, -fields, orchards, and vineyards, and a hospitable reception, offered -the rest and refreshment which toils and dangers, and victory had -won. You rested there till artillery was brought down from Sante Fe; -but the pretty town of the Paso del Norte, with all its enjoyments, -and they were many, and the greater for the place in which they were -found, was not a Capua to the men of Missouri. You moved forward -in February, and the battle of the Sacramento, one of the military -marvels of the age, cleared the road to Chihuahua; which was -entered without further resistance. It had been entered once before -by a detachment of American troops; but under circumstances how -different! In the year 1807, Lieutenant Pike and his thirty brave -men, taken prisoners on the head of the Rio del Norte, had been -marched captives into Chihuahua: in the year 1847, Doniphan and his -men enter it as conquerors. The paltry triumph of a captain-general -over a lieutenant, was effaced in the triumphal entrance of a -thousand Missourians into the grand and ancient capital of all the -Internal Provinces! and old men, still alive, could remark the -grandeur of the American spirit under both events--the proud and -lofty bearing of the captive thirty--the mildness and moderation of -the conquering thousand. - -Chihuahua was taken, and responsible duties, more delicate than -those of arms, were to be performed. Many American citizens were -there, engaged in trade; much American property was there. All -this was to be protected, both life and property, and by peaceful -arrangement; for the command was too small to admit of division, and -of leaving a garrison. Conciliation, and negotiation were resorted -to, and successfully. Every American interest was provided for, -and placed under the safeguard, first, of good will, and next, of -guarantees not to be violated with impunity. - -Chihuahua gained, it became, like Santa Fe, not the terminating -point of a long expedition, but the beginning point of a new one. -General Taylor was somewhere--no one knew where--but some seven or -eight hundred miles towards the other side of Mexico. You had heard -that he had been defeated, that Buena Vista had not been a _good -prospect_ to him. Like good Americans, you did not believe a word -of it; but, like good soldiers, you thought it best to go and see. -A volunteer party of fourteen, headed by Collins, of Boonville, -undertake to penetrate to Saltillo, and to bring you information -of his condition. They set out. Amidst innumerable dangers they -accomplish their purpose, and return. Taylor is conqueror; but will -be glad to see you. You march. A vanguard of one hundred men, led by -Lieutenant-colonel Mitchell, led the way. Then came the main body -(if the name is not a burlesque on such a handful), commanded by -Colonel Doniphan himself. - -The whole table land of Mexico, in all its breadth, from west to -east, was to be traversed. A numerous and hostile population in -towns--treacherous Camanches in the mountains--were to be passed. -Every thing was to be self-provided--provisions, transportation, -fresh horses for remounts, and even the means of victory--and all -without a military chest, or even an empty box, in which government -gold had ever reposed. All was accomplished. Mexican towns were -passed, in order and quiet: plundering Camanches were punished: -means were obtained from traders to liquidate indispensable -contributions: and the wants that could not be supplied, were -endured like soldiers of veteran service. - -The long march from Chihuahua to Monterey, was made more in the -character of protection and deliverance than of conquest and -invasion. Armed enemies were not met, and peaceful people were not -disturbed. You arrived in the month of May in General Taylor's camp, -and about in a condition to vindicate, each of you for himself, -your lawful title to the double _sobriquet_ of the general, with -the addition to it which the colonel commanding the expedition has -supplied--ragged--as well as rough and ready. No doubt you all -showed title, at that time, to that third _sobriquet_; but to see -you now, so gayly attired, so sprucely equipped, one might suppose -that you had never, for a day, been strangers to the virtues of -soap and water, or the magic ministrations of the _blanchisseuse_, -and the elegant transformations of the fashionable tailor. Thanks -perhaps to the difference between pay in the lump at the end of the -service, and driblets along in the course of it. - -You arrived in General Taylor's camp ragged and rough, as we can -well conceive, and ready, as I can quickly show. You arrived: you -reported for duty: you asked for service--such as a march upon San -Luis de Potosi, Zacatecas, or the "halls of the Montezumas;" or any -thing in that way that the general should have a mind to. If he was -going upon any excursion of that kind, all right. No matter about -fatigues that were passed, or expirations of service that might -accrue: you came to go, and only asked the privilege. That is what -I call ready. Unhappily the conqueror of Palo Alto, Resaca de la -Palma, Monterey, and Buena Vista, was not exactly in the condition -that the lieutenant-general, that might have been, intended him -to be. He was not at the head of twenty thousand men! he was not -at the head of any thousands that would enable him to march! and -had to decline the proffered service. Thus the long-marched and -well-fought volunteers--the rough, the ready, and the ragged--had -to turn their faces towards home, still more than two thousand -miles distant. But this being mostly by water, you hardly count it -in the recital of your march. But this is an unjust omission, and -against the precedents as well as unjust. "The ten thousand" counted -the voyage on the Black Sea as well as the march from Babylon; and -twenty centuries admit the validity of the count. The present age, -and posterity, will include in "the going out and coming in" of the -Missouri-Chihuahua volunteers, the water voyage as well as the land -march; and then the expedition of the one thousand will exceed that -of the ten by some two thousand miles. - -The last nine hundred miles of your land march, from Chihuahua to -Matamoros, you made in forty-five days, bringing seventeen pieces -of artillery, eleven of which were taken from the Sacramento and -Bracito. Your horses, travelling the whole distance without United -States provender, were astonished to find themselves regaled, on -their arrival on the Rio Grande frontier, with hay, corn, and oats -from the States. You marched further than the farthest, fought as -well as the best, left order and quiet in your train; and cost less -money than any. - -You arrive here to-day, absent one year, marching and fighting all -the time, bringing trophies of cannon and standards from fields -whose names were unknown to you before you set out, and only -grieving that you could not have gone further. Ten pieces of cannon, -rolled out of Chihuahua to arrest your march, now roll through -the streets of St. Louis, to grace your triumphal return. Many -standards, all pierced with bullets while waving over the heads of -the enemy at the Sacramento, now wave at the head of your column. -The black flag, brought to the Bracito, to indicate the refusal of -that quarter which its bearers so soon needed and received, now -takes its place among your trophies, and hangs drooping in their -nobler presence. To crown the whole--to make public and private -happiness go together--to spare the cypress where the laurel hangs -in clusters--this long, perilous march, with all its accidents of -field and camp, presents an incredibly small list of comrades lost. -Almost all return: and the joy of families resounds, intermingled -with the applause of the State. - -I have said that you made your long expedition without government -orders: and so, indeed, you did. You received no orders from your -government, but, without knowing it, you were fulfilling its -orders--orders which, though issued for you, never reached you. -Happy the soldier who executes the command of his government: -happier still he who anticipates command, and does what is wanted -before he is bid. This is your case. You did the right thing, at -the right time, and what your government intended you to do, and -without knowing its intentions. The facts are these: Early in the -month of November last, the President asked my opinion on the manner -of conducting the war. I submitted a plan to him, which, in addition -to other things, required all the disposable troops in New Mexico, -and all the American citizens in that quarter who could be engaged -for a dashing expedition, to move down through Chihuahua, and the -State of Durango, and, if necessary, to Zacatecas, and get into -communication with General Taylor's right as early as possible in -the month of March. In fact, the disposable forces in New Mexico -were to form one of three columns destined for a combined movement -on the city of Mexico, all to be on the table-land and ready for -a combined movement in the month of March. The President approved -the plan, and the Missourians being most distant, orders were -despatched to New Mexico to put them in motion. Mr. Solomon Sublette -carried the order, and delivered it to the commanding officer at -Santa Fe, General Price, on the 22d day of February--just five -days before you fought the marvellous action of Sacramento. I well -remember what passed between the President and myself at the time -he resolved to give this order. It awakened his solicitude for -your safety. It was to send a small body of men a great distance, -into the heart of a hostile country, and upon the contingency of -uniting in a combined movement, the means for which had not yet -been obtained from Congress. The President made it a question, and -very properly, whether it was safe or prudent to start the small -Missouri column, before the movement of the left and the centre -was assured: I answered that my own rule in public affairs was to -do what I thought was right, and leave it to others to do what -they thought was right; and that I believed it the proper course -for him to follow on the present occasion. On this view he acted. -He gave the order to go, without waiting to see whether Congress -would supply the means of executing the combined plan; and for his -consolation I undertook to guarantee your safety. Let the worst come -to the worst, I promised him that you would take care of yourselves. -Though the other parts of the plan should fail--though you should -become far involved in the advance, and deeply compromised in -the enemy's country, and without support--still I relied on your -courage, skill, and enterprise to extricate yourselves from every -danger--to make daylight through all the Mexicans that should stand -before you--cut your way out--and make good your retreat to Taylor's -camp. This is what I promised the President in November last; and -what I promised him you have done. Nobly and manfully you have made -one of the most remarkable expeditions in history, worthy to be -studied by statesmen, and showing what citizen volunteers can do; -for the crowning characteristic is that you were all citizens--all -volunteers--not a regular bred officer among you: and if there had -been, with power to control you, you could never have done what you -did. - - - - -CHAPTER CLXIV. - -FREMONT'S THIRD EXPEDITION, AND ACQUISITION OF CALIFORNIA. - - -In the month of May 1845, Mr. Fremont, then a brevet captain of -engineers (appointed a lieutenant-colonel of Rifles before he -returned), set out on his third expedition of geographical and -scientific exploration in the Great West. Hostilities had not -broken out between the United States and Mexico; but Texas had -been incorporated; the preservation of peace was precarious, and -Mr. Fremont was determined, by no act of his, to increase the -difficulties, or to give any just cause of complaint to the Mexican -government. His line of observation would lead him to the Pacific -Ocean, through a Mexican province--through the desert parts first, -and the settled part afterwards of the Alta California. Approaching -the settled parts of the province at the commencement of winter, -he left his equipment of 60 men and 200 horses on the frontier, -and proceeded alone to Monterey, to make known to the governor -the object of his coming, and his desire to pass the winter (for -the refreshment of his men and horses) in the uninhabited parts -of the valley of the San Joaquin. The permission was granted; but -soon revoked, under the pretext that Mr. Fremont had come into -California, not to pursue science, but to excite the American -settlers to revolt against the Mexican government. Upon this pretext -troops were raised, and marched to attack him. Having notice of -their approach, he took a position on the mountain, hoisted the flag -of the United States, and determined, with his sixty brave men, -to defend himself to the last extremity--never surrendering; and -dying, if need be, to the last man. A messenger came into his camp, -bringing a letter from the American consul at Monterey, to apprise -him of his danger: that messenger, returning, reported that 2,000 -men could not force the American position: and that information -had its effect upon the Mexican commander. Waiting four days in -his mountain camp, and not being attacked, he quit his position, -descended from the mountain, and set out for Oregon, that he might -give no further pretext for complaint, by remaining in California. - -Turning his back on the Mexican possessions, and looking to Oregon -as the field of his future labors, Mr. Fremont determined to explore -a new route to the Wah-lah-math settlements and the tide-water -region of the Columbia, through the wild and elevated region of the -Tla-math lakes. A romantic interest attached to this region from the -grandeur of its features, its lofty mountains, and snow-clad peaks, -and from the formidable character of its warlike inhabitants. In the -first week of May, he was at the north end of the Great Tla-math -lake, and in Oregon--the lake being cut near its south end by the -parallel of 42 degrees north latitude. On the 8th day of that month, -a strange sight presented itself--almost a startling apparition--two -men riding up, and penetrating a region which few ever approached -without paying toll of life or blood. They proved to be two of Mr. -Fremont's old _voyageurs_, and quickly told their story. They were -part of a guard of six men conducting a United States officer, -who was on his trail with despatches from Washington, and whom -they had left two days back, while they came on to give notice of -his approach, and to ask that assistance might be sent him. They -themselves had only escaped the Indians by the swiftness of their -horses. It was a case in which no time was to be lost, or a mistake -made. Mr. Fremont determined to go himself; and taking ten picked -men, four of them Delaware Indians, he took down the western shore -of the lake on the morning of the 9th (the direction the officer -was to come), and made a ride of sixty miles without a halt. But -to meet men, and not to miss them, was the difficult point in this -trackless region. It was not the case of a high road, where all -travellers must meet in passing each other: at intervals there -were places--defiles, or camping grounds--where both parties must -pass; and watching for these, he came to one in the afternoon, and -decided that, if the party was not killed, it must be there that -night. He halted and encamped; and, as the sun was going down, had -the inexpressible satisfaction to see the four men approaching. The -officer proved to be a lieutenant of the United States marines, who -had been despatched from Washington the November previous, to make -his way by Vera Cruz, the City of Mexico, and Mazatlan to Monterey, -in Upper California, deliver despatches to the United States' -consul there; and then find Mr. Fremont, wherever he should be. -His despatches for Mr. Fremont were only a letter of introduction -from the Secretary of State (Mr. Buchanan), and some letters and -slips of newspapers from Senator Benton and his family, and some -verbal communications from the Secretary of State. The verbal -communications were that Mr. Fremont should watch and counteract any -foreign scheme on California, and conciliate the good will of the -inhabitants towards the United States. Upon this intimation of the -government's wishes, Mr. Fremont turned back from Oregon, in the -edge of which he then was, and returned to California. The letter of -introduction was in the common form, that it might tell nothing if -it fell into the hands of foes, and signified nothing of itself; but -it accredited the bearer, and gave the stamp of authority to what he -communicated; and upon this Mr. Fremont acted: for it was not to be -supposed that Lieutenant Gillespie had been sent so far, and through -so many dangers, merely to deliver a common letter of introduction -on the shores of the Tlamath lake. - -The events of some days on the shores of this wild lake, sketched -with the brevity which the occasion requires, may give a glimpse of -the hardships and dangers through which Mr. Fremont pursued science, -and encountered and conquered perils and toils. The night he met Mr. -Gillespie presented one of those scenes to which he was so often -exposed, and which nothing but the highest degree of vigilance and -courage could prevent from being fatal. The camping ground was on -the western side of the lake, the horses picketed with long halters -on the shore, to feed on the grass; and the men (fourteen in number) -sleeping by threes at different fires, disposed in a square; for -danger required them so to sleep as to be ready for an attack; and, -though in the month of May, the elevation of the place, and the -proximity of snow-clad mountains, made the night intensely cold. -His feelings joyfully excited by hearing from home (the first word -of intelligence he had received since leaving the U. S. a year -before), Mr. Fremont sat up by a large fire, reading his letters -and papers, and watching himself over the safety of the camp, -while the men slept. Towards midnight, he heard a movement among -the horses, indicative of alarm and danger. Horses, and especially -mules, become sensitive to danger under long travelling and camping -in the wilderness, and manifest their alarm at the approach of any -thing strange. Taking a six-barrelled pistol in his hand, first -making sure of their ready fire, and, without waking the camp, he -went down among the disturbed animals. The moon shone brightly: -he could see well, but could discover nothing. Encouraged by his -presence, the horses became quiet--poor dumb creatures that could -see the danger, but not tell what they had seen; and he returned to -the camp, supposing it was only some beast of the forest--a bear or -wolf--prowling for food, that had disturbed them. He returned to -the camp fire. Lieutenant Gillespie woke up, and talked with him -awhile, and then lay down again. Finally nature had her course with -Mr. Fremont himself. Excited spirits gave way to exhausted strength. -The day's ride, and the night's excitement demanded the reparation -of repose. He lay down to sleep, and without waking up a man to -watch--relying on the loneliness of the place, and the long ride of -the day, as a security against the proximity of danger. It was the -second time in his twenty thousand miles of wilderness explorations -that his camp had slept without a guard: the first was in his second -expedition, and on an island in the Great Salt Lake, and when the -surrounding water of the lake itself constituted a guard. The whole -camp was then asleep. A cry from Carson roused it. In his sleep he -heard a groan: it was the groan of a man receiving the tomahawk in -his brains. All sprung to their feet. The savages were in the camp: -the hatchet and the winged arrow were at work. Basil Lajeunesse, -a brave and faithful young Frenchman, the follower of Fremont in -all his expeditions, was dead: an Iowa was dead: a brave Delaware -Indian, one of those who had accompanied Fremont from Missouri, was -dying: it was his groan that awoke Carson. Another of the Delawares -was a target for arrows, from which no rifle could save him--only -avenge him. The savages had waited till the moon was in the trees, -casting long shadows over the sleeping camp: then approaching from -the dark side, with their objects between themselves and the fading -light, they used only the hatchet and the formidable bow, whose -arrow went to its mark without a flash or a sound to show whence -it came. All advantages were on the side of the savages: but the -camp was saved! the wounded protected from massacre, and the dead -from mutilation. The men, springing to their feet, with their arms -in their hands, fought with skill and courage. In the morning, -Lieutenant Gillespie recognized, in the person of one of the slain -assailants, the Tlamath chief who the morning before had given him -a salmon, in token of friendship, and who had followed him all day -to kill and rob his party at night--a design in which he would -certainly have been successful had it not been for the promptitude -and precision of Mr. Fremont's movement. Mr. Fremont himself would -have been killed, when he went to the horses, had it not been that -the savages counted upon the destruction of the whole camp, and -feared to alarm it by killing one, before the general massacre. - -It was on the 9th of May--a day immortalized by American arms at -Resaca de la Palma--that this fierce and bloody work was done in the -far distant region of the Tlamath lakes. - -The morning of the 10th of May was one of gloom in the camp. The -evening sun of the 9th had set upon it full of life and joy at a -happy meeting: the same sun rose upon it the next morning, stained -with blood, ghastly with the dead and wounded, and imposing mournful -duties on the survivors. The wounded were to be carried--the dead -to be buried; and so buried as to be hid and secured from discovery -and violation. They were carried ten miles, and every precaution -taken to secure the remains from the wolf and the savage: for men, -in these remote and solitary dangers, become brothers, and defend -each other living and dead. The return route lay along the shore -of the lake, and during the day the distant canoes of the savages -could be seen upon it, evidently watching the progress of the party, -and meditating a night attack upon it. All precautions, at the -night encampment, were taken for security--horses and men enclosed -in a breastwork of great trees, cut down for the purpose, and half -the men constantly on the watch. At leaving in the morning, an -ambuscade was planted--and two of the Tlamaths were killed by the -men in ambush--a successful return of their own mode of warfare. At -night the main camp, at the north end of the lake, was reached. It -was strongly intrenched, and could not be attacked; but the whole -neighborhood was infested, and scouts and patrols were necessary to -protect every movement. In one of these excursions the Californian -horse, so noted for spirit and docility, showed what he would do -at the bid of his master. Carson's rifle had missed fire, at ten -feet distance. The Tlamath long bow, arrow on the string, was -bending to the pull. All the rifles in the party could not have -saved him. A horse and his rider did it. Mr. Fremont touched his -horse; he sprang upon the savage! and the hatchet of a Delaware -completed the deliverance of Carson. It was a noble horse, an iron -gray, with a most formidable name--el Toro del Sacramento: and -which vindicated his title to the name in all the trials of travel, -courage, and performance to which he was subjected. It was in the -midst of such dangers as these, that science was pursued by Mr. -Fremont; that the telescope was carried to read the heavens; the -barometer to measure the elevations of the earth; the thermometer -to gauge the temperature of the air; the pencil to sketch the -grandeur of mountains, and to paint the beauty of flowers; the pen -to write down whatever was new, or strange, or useful in the works -of nature. It was in the midst of such dangers, and such occupations -as these, and in the wildest regions of the Farthest West, that Mr. -Fremont was pursuing science and shunning war, when the arrival -of Lieutenant Gillespie, and his communications from Washington, -suddenly changed all his plans, turned him back from Oregon, and -opened a new and splendid field of operations in California itself. -He arrived in the valley of the Sacramento in the month of May, -1846, and found the country alarmingly, and critically situated. -Three great operations, fatal to American interests, were then going -on, and without remedy, if not arrested at once. These were: 1. The -massacre of the Americans, and the destruction of their settlements, -in the valley of the Sacramento. 2. The subjection of California to -British protection. 3. The transfer of the public domain to British -subjects. And all this with a view to anticipate the events of a -Mexican war, and to shelter California from the arms of the United -States. - -The American settlers sent a deputation to the camp of Mr. Fremont, -in the valley of the Sacramento, laid all these dangers before him, -and implored him to place himself at their head and save them -from destruction. General Castro was then in march upon them: the -Indians were incited to attack their families, and burn their wheat -fields, and were only waiting for the dry season to apply the torch. -Juntas were in session to transfer the country to Great Britain: -the public domain was passing away in large grants to British -subjects: a British fleet was expected on the coast: the British -vice consul, Forbes, and the emissary priest, Macnamara, ruling -and conducting every thing: and all their plans so far advanced -as to render the least delay fatal. It was then the beginning of -June. War had broken out between the United States and Mexico, -but that was unknown in California. Mr. Fremont had left the two -countries at peace when he set out upon his expedition, and was -determined to do nothing to disturb their relations: he had even -left California to avoid giving offence; and to return and take up -arms in so short a time was apparently to discredit his own previous -conduct as well as to implicate his government. He felt all the -responsibilities of his position; but the actual approach of Castro, -and the immediate danger of the settlers, left him no alternative. -He determined to put himself at the head of the people, and to save -the country. To repulse Castro was not sufficient: to overturn the -Mexican government in California, and to establish Californian -Independence, was the bold resolve, and the only measure adequate to -the emergency. That resolve was taken, and executed with a celerity -that gave it a romantic success. The American settlers rushed to -his camp--brought their arms, horses and ammunition--were formed -into a battalion; and obeyed with zeal and alacrity the orders they -received. In thirty days all the northern part of California was -freed from Mexican authority--Independence proclaimed--the flag -of Independence raised--Castro flying to the south--the American -settlers saved from destruction; and the British party in California -counteracted and broken up in all their schemes. - -This movement for Independence was the salvation of California, and -snatched it out of the hands of the British at the moment they were -ready to clutch it. For two hundred years--from the time of the -navigator Drake, who almost claimed it as a discovery, and placed -the English name of New Albion upon it--the eye of England has -been upon California; and the magnificent bay of San Francisco, -the great seaport of the North Pacific Ocean, has been surveyed as -her own. The approaching war between Mexico and the United States -was the crisis in which she expected to realize the long-deferred -wish for its acquisition; and carefully she took her measures -accordingly. She sent two squadrons to the Pacific as soon as Texas -was incorporated--well seeing the actual war which was to grow -out of that event--a small one into the mouth of the Columbia, -an imposing one to Mazatlan, on the Mexican coast, to watch the -United States squadron there, and to anticipate its movements upon -California. Commodore Sloat commanding the squadron at Mazatlan, -saw that he was watched, and pursued, by Admiral Seymour, who -lay alongside of him, and he determined to deceive him. He stood -out to sea, and was followed by the British Admiral. During the -day he bore west, across the ocean, as if going to the Sandwich -Islands: Admiral Seymour followed. In the night the American -commodore tacked, and ran up the coast towards California: the -British admiral, not seeing the tack, continued on his course, and -went entirely to the Sandwich Islands before he was undeceived. -Commodore Sloat arrived before Monterey on the second of July, -entering the port amicably, and offering to salute the town, which -the authorities declined on the pretext that they had no powder -to return it--in reality because they momentarily expected the -British fleet. Commodore Sloat remained five days before the town, -and until he heard of Fremont's operations: then believing that -Fremont had orders from his government to take California, he having -none himself, he determined to act himself. He received the news -of Fremont's successes on the 6th day of July: on the 7th he took -the town of Monterey, and sent a despatch to Fremont. This latter -came to him in all speed, at the head of his mounted force. Going -immediately on board the commodore's vessel, an explanation took -place. The commodore learnt with astonishment that Fremont had no -orders from his government to commence hostilities--that he had -acted entirely on his own responsibility. This left the commodore -without authority for having taken Monterey; for still at this time, -the commencement of the war with Mexico was unknown. Uneasiness came -upon the commodore. He remembered the fate of Captain Jones in -making the mistake of seizing the town once before in time of peace. -He resolved to return to the United States, which he did--turning -over the command of the squadron to Commodore Stockton, who had -arrived on the 15th. The next day (16th) Admiral Seymour arrived; -his flagship the Collingwood, of 80 guns, and his squadron the -largest British fleet ever seen in the Pacific. To his astonishment -he beheld the American flag flying over Monterey, the American -squadron in its harbor, and Fremont's mounted riflemen encamped -over the town. His mission was at an end. The prize had escaped -him. He attempted nothing further, and Fremont and Stockton rapidly -pressed the conquest of California to its conclusion. The subsequent -military events can be traced by any history: they were the natural -sequence of the great measure conceived and executed by Fremont -before any squadron had arrived upon the coast, before he knew of -any war with Mexico, and without any authority from his government, -except the equivocal and enigmatical visit of Mr. Gillespie. Before -the junction of Mr. Fremont with Commodore Sloat and Stockton, his -operations had been carried on under the flag of Independence--the -Bear Flag, as it was called--the device of the bear being adopted -on account of the courageous qualities of that animal (the white -bear), which never gives the road to men,--which attacks any -number,--and fights to the last with increasing ferocity, with -amazing strength of muscle, and with an incredible tenacity of the -vital principle--never more formidable and dangerous than when -mortally wounded. The Independents took the device of this bear for -their flag, and established the independence of California under it: -and in joining the United States forces, hauled down this flag, and -hoisted the flag of the United States. And the fate of California -would have been the same whether the United States squadrons had -arrived, or not; and whether the Mexican war had happened, or -not. California was in a revolutionary state, already divided -from Mexico politically as it had always been geographically. The -last governor-general from Mexico, Don Michel Toreno, had been -resisted--fought--captured--and shipped back to Mexico, with his -300 cut-throat soldiers. An insurgent government was in operation, -determined to be free of Mexico, sensible of inability to stand -alone, and looking, part to the United States, part to Great -Britain, for the support which they needed. All the American -settlers were for the United States protection, and joined Fremont. -The leading Californians were also joining him. His conciliatory -course drew them rapidly to him. The Picos, who were the leading -men of the revolt (Don Pico, Don Andres, and Don Jesus), became his -friends. California, become independent of Mexico by the revolt of -the Picos, and independent of them by the revolt of the American -settlers, had its destiny to fulfil--which was, to be handed over -to the United States. So that its incorporation with the American -Republic was equally sure in any, and every event. - - - - -CHAPTER CLXV. - -PAUSE IN THE WAR: SEDENTARY TACTICS: "MASTERLY INACTIVITY." - - -Arriving at Washington before the commencement of the session -of '46-'47, Mr. Benton was requested by the President to look -over the draught of his proposed message to Congress (then in -manuscript), and to make the remarks upon it which he might think -it required; and in writing. Mr. Benton did so, and found a part -to which he objected, and thought ought to be omitted. It was a -recommendation to Congress to cease the active prosecution of the -war, to occupy the conquered part of the country (General Taylor -had then taken Monterey) with troops in forts and stations, and to -pass an act establishing a temporary government in the occupied -part; and to retain the possession until the peace was made. This -recommendation, and the argument in support of it, spread over -four pages of the message--from 101 to 105. Mr. Benton objected to -the whole plan, and answered to it in an equal, or greater number -of pages, and to the entire conviction and satisfaction of the -President. 1. The sedentary occupation was objected to as being -entirely contrary to the temper of the American people, which was -active, and required continual "going ahead" until their work was -finished. 2. It was a mode of warfare suited to the Spanish temper, -which loved procrastination, and could beat the world at it, and -had sat-out the Moors seven hundred years in the South of Spain -and the Visigoths three hundred years in the north of it; and -would certainly out-sit us in Mexico. 3. That he could govern the -conquered country under the laws of nations, without applying to -Congress, to be worried upon the details of the act, and rousing the -question of annexation by conquest, and that beyond the Rio Grande; -for the proposed line was to cover Monterey, and to run east and -west entirely across the country. These objections, pursued through -their illustrations, were entirely convincing to the President, and -he frankly gave up the sedentary project. - -But it was a project which had been passed upon in the cabinet, and -not only adopted but began to be executed. The Secretary at War, -Mr. Marcy, had officially refused to accept proffered volunteers -from the governors of several States, saying to them--"_A sufficient -amount of force for the prosecution of the war had already been -called into service:_" and a premium of two dollars a head had been -offered to all persons who could bring in a recruit to the regular -army--the regulars being the reliance for the sedentary occupation. -The cabinet adhered to their policy. The President convoked them -again, and had Mr. Benton present to enforce his objections; but -without much effect. The abandonment of the sedentary policy -required the adoption of an active one, and for that purpose the -immediate calling out of ten regiments of volunteers had been -recommended by Mr. Benton; and this call would result at once -from the abandonment of the sedentary scheme. Here the pride of -consistency came in to play its part. The Secretary at War said he -had just refused to accept any more volunteers, and informed the -governors of two States that the government had troops enough to -prosecute the war; and urged that it would be contradictory now to -call out ten regiments. The majority of the cabinet sided with him; -but the President retained Mr. Benton to a private interview--talked -the subject all over--and finally came to the resolution to act -for himself, regardless of the opposition of the major part of his -cabinet. It was then in the night, and the President said he would -send the order to the Secretary at War in the morning to call out -the ten regiments--which he did: but the Secretary, higgling to the -last, got one regiment abated: so that nine instead of ten were -called out: but these nine were enough. They enabled Scott to go to -Mexico, and Taylor to conquer at Buena Vista, and to finish the war -victoriously. - -A comic mistake grew out of this change in the President's message, -which caused the ridicule of the sedentary line to be fastened on -Mr. Calhoun--who in fact had counselled it. When the message was -read in the Senate, Mr. Westcott, of Florida, believing it remained -as it had been drawn up, and induced by Mr. Calhoun, with whose -views he was acquainted, made some motion upon it, significant of -approbatory action. Mr. Benton asked for the reading of the part -of the message referred to. Mr. Westcott searched, but could not -find it: Mr. Calhoun did the same. Neither could find the passage. -Inquiring and despairing looks were exchanged: and the search for -the present was adjourned. Of course it was never found. Afterwards -Mr. Westcott said to Mr. Benton that the President had deceived -Mr. Calhoun--had told him that the sedentary line was recommended -in the message, when it was not. Mr. Benton told him there was no -deception--that the recommendation was in the message when he said -so, but had been taken out (and he explained how) and replaced by -an urgent recommendation for a vigorous prosecution of the war. -But the secret was kept for the time. The administration stood -before the country vehement for war, and loaded with applause for -their spirit. Mr. Calhoun remained mystified, and adhered to the -line, and incurred the censure of opposing the administration -which he professed to support. He brought forward his plan in all -its detail--the line marked out--the number of forts and stations -necessary--and the number of troops necessary to garrison them: -and spoke often, and earnestly in its support: but to no purpose. -His plan was entirely rejected, nor did I ever hear of any one -of the cabinet offering to share with him in the ridicule which -he brought upon himself for advocating a plan so preposterous in -itself, and so utterly unsuited to the temper of our people. It was -in this debate, and in support of this sedentary occupation that -Mr. Calhoun characterized that proposed inaction as "_a masterly -inactivity_:" a fine expression of the Earl of Chatham--and which -Mr. Calhoun had previously used in the Oregon debate in recommending -us to do nothing there, and leave it to time to perfect our title. -Seven years afterwards the establishment of a boundary between the -United States and Mexico was attempted by treaty in the latitude -of this proposed line of occupation--a circumstance,--one of the -circumstances,--which proves that Mr. Calhoun's plans and spirit -survive him. - -In all that passed between the President and Mr. Benton about this -line, there was no suspicion on the part of either of any design -to make it permanent; nor did any thing to that effect appear in -Mr. Calhoun's speeches in favor of it; but the design was developed -at the time of the ratification of the treaty of peace, and has -since been attempted by treaty; and is a design which evidently -connects itself with, what is called, _preserving the equilibrium -of the States_ (free and slave) by adding on territory for slave -States--and to increase the Southern margin for the "UNITED STATES -SOUTH," in the event of a separation of the two classes of States. - - - - -CHAPTER CLXVI. - -THE WILMOT PROVISO; OR, PROHIBITION OF SLAVERY IN THE TERRITORIES: -ITS INUTILITY AND MISCHIEF. - - -Scarcely was the war with Mexico commenced when means, different -from those of arms, were put in operation to finish it. One of these -was the return of the exiled Santa Anna (as has been shown) to his -country, and his restoration to power, under the belief that he -was favorable to peace, and for which purpose arrangements began -to be made from the day of the declaration of the war--or before. -In the same session another move was made in the same direction, -that of getting peace by peaceable means, in an application made to -Congress by the President, to place three millions of dollars at -his disposal, to be used in negotiating for a boundary which should -give us additional territory: and that recommendation not having -been acted upon at the war session, was renewed at the commencement -of the next one. It was recommended as an "important measure for -securing a speedy peace;" and as an argument in favor of granting -it, a sum of two millions similarly placed at the disposition of Mr. -Jefferson when about to negotiate for Florida (which ended in the -acquisition of Louisiana), was plead as a precedent; and justly. -Congress, at this second application, granted the appropriation; -but while it was depending, Mr. Wilmot, a member of Congress, from -Pennsylvania, moved a proviso, _that no part of the territory to -be acquired should be open to the introduction of slavery_. It was -a proposition not necessary for the purpose of excluding slavery, -as the only territory to be acquired was that of New Mexico and -California, where slavery was already prohibited by the Mexican laws -and constitution; and where it could not be carried until those -laws should be repealed, and a law for slavery passed. The proviso -was nugatory, and could answer no purpose but that of bringing on -a slavery agitation in the United States; for which purpose it -was immediately seized upon by Mr. Calhoun and his friends, and -treated as the greatest possible outrage and injury to the slave -States. Congress was occupied with this proviso for two sessions, -became excessively heated on the subject, and communicated its -heat to the legislatures of the slave States--by several of which -conditional disunion resolutions were passed. Every where, in the -slave States, the Wilmot Proviso became a Gorgon's head--a chimera -dire--a watchword of party, and the synonyme of civil war and the -dissolution of the Union. Many patriotic members were employed in -resisting the proviso as a _bona fide_ cause of breaking up the -Union, if adopted; many amiable and gentle-tempered members were -employed in devising modes of adjusting and compromising it; a few, -of whom Mr. Benton was one, produced the laws and the constitution -of Mexico to show that New Mexico and California were free from -slavery; and argued that neither party had any thing to fear, or to -hope--the free soil party nothing to fear, because the soil was now -free; the slave soil party nothing to hope, because they could not -take a step to make it slave soil, having just invented the dogma -of "No power in Congress to legislate upon slavery in territories." -Never were two parties so completely at loggerheads about nothing: -never did two parties contend more furiously against the greatest -possible evil. Close observers, who had been watching the progress -of the slavery agitation since its inauguration in Congress in 1835, -knew it to be a game played by the abolitionists on one side and -the disunionists on the other, to accomplish their own purposes. -Many courageous men denounced it as such--as a game to be kept up -for the political benefit of the players; and deplored the blindness -which could not see their determination to keep it agoing to the -last possible moment, and to the production of the greatest possible -degree of national and sectional exasperation. It was while this -contention was thus raging, that Mr. Calhoun wrote a confidential -letter to a member of the Alabama legislature, hugging this -proviso to his bosom as a fortunate event--as a means of "_forcing -the issue_" between the North and the South; and deprecating -any adjustment, compromise, or defeat of it, as a misfortune to -the South: and which letter has since come to light. Gentle and -credulous people, who believed him to be in earnest when he was -sounding the _tocsin_ to rouse the States, instigating them to pass -disunion resolutions, and stirring up both national and village -orators to attack the proviso unto death: such persons must be -amazed to read in that exhumed letter, written during the fiercest -of the strife, these ominous words: - - "_With this impression I would regard any compromise or - adjustment of the proviso, or even its defeat, without meeting - the danger in its whole length and breadth, as very unfortunate - for us. It would lull us to sleep again, without removing the - danger, or materially diminishing it._" - -This issue to be forced was a separation of the slave and the free -States; the means, a commercial non-intercourse, in shutting the -slave State seaports against the vessels of the free States; the -danger to be met, was in the trial of this issue, by the means -indicated; which were simply high treason when pursued to the -overt act. Mr. Calhoun had flinched from that act in the time -of Jackson, but he being dead, and no more Jacksons at the head -of the government, he rejoiced in another chance of meeting the -danger--meeting it in all its length and breadth; and deprecated the -loss of the proviso as the loss of this chance. - -Truly the abolitionists and the nullifiers were necessary to -each other--the two halves of a pair of shears, neither of which -could cut until joined together. Then the map of the Union was in -danger; for in their conjunction, that map was cloth between the -edges of the shears. And this was that Wilmot Proviso, which for -two years convulsed the Union, and prostrated men of firmness -and patriotism--a thing of nothing in itself, but magnified into -a hideous reality, and seized upon to conflagrate the States and -dissolve the Union. The Wilmot Proviso was not passed: that chance -of forcing the issue was lost: another had to be found, or made. - - - - -CHAPTER CLXVII. - -MR. CALHOUN'S SLAVERY RESOLUTIONS, AND DENIAL OF THE RIGHT OF -CONGRESS TO PROHIBIT SLAVERY IN A TERRITORY. - - -On Friday, the 19th of February, Mr. Calhoun introduced into the -Senate his new slavery resolutions, prefaced by an elaborate speech, -and requiring an immediate vote upon them. They were in these words: - - "_Resolved_, That the territories of the United States belong to - the several States composing this Union, and are held by them as - their joint and common property. - - "_Resolved_, That Congress, as the joint agent and - representative of the States of this Union, has no right to make - any law, or do any act whatever, that shall directly, or by its - effects, make any discrimination between the States of this - Union, by which any of them shall be deprived of its full and - equal right in any territory of the United States acquired or to - be acquired. - - "_Resolved_, That the enactment of any law which should - directly, or by its effects, deprive the citizens of any of - the States of this Union from emigrating, with their property, - into any of the territories of the United States, will make - such discrimination, and would, therefore, be a violation of - the constitution, and the rights of the States from which such - citizens emigrated, and in derogation of that perfect equality - which belongs to them as members of this Union, and would tend - directly to subvert the Union itself. - - "_Resolved_, That it is a fundamental principle in our - political creed, that a people, in forming a constitution, - have the unconditional right to form and adopt the government - which they may think best calculated to secure their liberty, - prosperity, and happiness; and that, in conformity thereto, - no other condition is imposed by the federal constitution on - a State, in order to be admitted into this Union, except that - its constitution shall be republican; and that the imposition - of any other by Congress would not only be in violation of the - constitution, but in direct conflict with the principle on which - our political system rests." - -These resolutions, although the sense is involved in circumlocutory -phrases, are intelligible to the point, that Congress has no power -to prohibit slavery in a territory, and that the exercise of such -a power would be a breach of the constitution, and leading to the -subversion of the Union. Ostensibly the complaint was, that the -emigrant from the slave State was not allowed to carry his slave -with him: in reality it was that he was not allowed to carry the -State law along with him to protect his slave. Placed in that -light, which is the true one, the complaint is absurd: presented as -applying to a piece of property instead of the law of the State, -it becomes specious--has deluded whole communities; and has led to -rage and resentment, and hatred of the Union. In support of these -resolutions the mover made a speech in which he showed a readiness -to carry out in action, to their extreme results, the doctrines -they contained, and to appeal to the slave-holding States for their -action, in the event that the Senate should not sustain them. This -was the concluding part of his speech: - - "Well, sir, what if the decision of this body shall deny to - us this high constitutional right, not the less clear because - deduced from the whole body of the instrument and the nature of - the subject to which it relates? What, then, is the question? - I will not undertake to decide. It is a question for our - constituents--the slave-holding States. A solemn and a great - question. If the decision should be adverse, I trust and do - believe that they will take under solemn consideration what - they ought to do. I give no advice. It would be hazardous and - dangerous for me to do so. But I may speak as an individual - member of that section of the Union. There I drew my first - breath. There are all my hopes. There is my family and - connections. I am a planter--a cotton planter. I am a Southern - man, and a slave-holder; a kind and a merciful one, I trust--and - none the worse for being a slave-holder. I say, for one, I would - rather meet any extremity upon earth than give up one inch of - our equality--one inch of what belongs to us as members of this - great republic. What, acknowledge inferiority! The surrender of - life is nothing to sinking down into acknowledged inferiority. - - "I have examined this subject largely--widely. I think I see the - future if we do not stand up as we ought. In my humble opinion, - in that case, the condition of Ireland is prosperous and - happy--the condition of Hindostan is prosperous and happy--the - condition of Jamaica is prosperous and happy, to what the - Southern States will be if they should not now stand up manfully - in defence of their rights". - -When these resolutions were read, Mr. Benton rose in his place, -and called them "firebrand." Mr. Calhoun said he had expected the -support of Mr. Benton "as the representative of a slave-holding -State." Mr. Benton answered that it was impossible that he could -have expected such a thing. Then, said Mr. Calhoun, I shall know -where to find the gentleman. To which Mr. Benton: "I shall be found -in the right place--on the side of my country and the Union." This -answer, given on that day, and on the spot, is one of the incidents -of his life which Mr. Benton will wish posterity to remember. - -Mr. Calhoun demanded the prompt consideration of his resolutions, -giving notice that he would call them up the next day, and press -them to a speedy and final vote. He did call them up, but never -called for the vote, nor was any ever had: nor would a vote have any -practical consequence, one way or the other. The resolutions were -abstractions, without application. They asserted a constitutional -principle, which could not be decided, one way or the other, by -the separate action of the Senate; not even in a bill, much less -in a single and barren set of resolves. No vote was had upon them. -The condition had not happened on which they were to be taken up -by the slave States; but they were sent out to all such States, -and adopted by some of them; and there commenced the great slavery -agitation, founded upon the dogma of "_no power in Congress to -legislate upon slavery in the territories_," which has led to the -abrogation of the Missouri compromise line--which has filled the -Union with distraction--and which is threatening to bring all -federal legislation, and all federal elections, to a mere sectional -struggle, in which, one-half of the States is to be arrayed against -the other. The resolves were evidently introduced for the mere -purpose of carrying a question to the slave States on which they -could be formed into a unit against the free States; and they -answered that purpose as well on rejection by the Senate as with it; -and were accordingly used in conformity to their design without any -such rejection, which--it cannot be repeated too often--could in no -way have decided the constitutional question which they presented. - -These were new resolutions--the first of their kind in the (almost) -sixty years' existence of the federal government--contrary to -its practice during that time--contrary to Mr. Calhoun's slavery -resolutions of 1838--contrary to his early and long support of the -Missouri compromise--and contrary to the re-enactment of that line -by the authors of the Texas annexation law. That re-enactment had -taken place only two years before, and was in the very words of -the anti-slavery ordinance of '87, and of the Missouri compromise -prohibition of 1820; and was voted for by the whole body of the -annexationists, and was not only conceived and supported by Mr. -Calhoun, then Secretary of State, but carried into effect by him -in the despatch of that messenger to Texas in the expiring moments -of his power. The words of the re-enactment were: "_And in such -State, or States as shall be formed out of said territory north -of the said Missouri compromise line, slavery or involuntary -servitude (except for crime) shall be prohibited._" This clause -re-established that compromise line in all that long extent of it -which was ceded to Spain by the treaty of 1819, which became Texian -by her separation from Mexico, and which became slave soil under -her laws and constitution. So that, up to the third day of March, -in the year 1845--not quite two years before the date of these -resolutions--Mr. Calhoun by authentic acts, and the two Houses of -Congress by recorded votes, and President Tyler by his approving -signature, acknowledged the power of Congress to prohibit slavery in -a territory! and not only acknowledged the power, but exerted it! -and actually prohibited slavery in a long slip of country, enough -to make a "State or States," where it then legally existed. This -fact was formally brought out in the chapter of this volume which -treats of the legislative annexation of Texas; and those who wish to -see the proceeding in detail may find it in the journals of the two -Houses of Congress, and in the congressional history of the time. - -These resolutions of 1847, called fire-brand at the time, were -further characterized as nullification a few days afterwards, when -Mr. Benton said of them, that, "_as Sylla saw in the young Caesar -many Mariuses, so did he see in them many nullifications_." - - - - -CHAPTER CLXVIII. - -THE SLAVERY AGITATION: DISUNION: KEY TO MR. CALHOUN'S POLICY: -FORCING THE ISSUE: MODE OF FORCING IT. - - -In the course of this year, and some months after the submission -of his resolutions in the Senate denying the right of Congress to -abolish slavery in a territory, Mr. Calhoun wrote a letter to a -member of the Alabama Legislature, which furnishes the key to unlock -his whole system of policy in relation to the slavery agitation, -and its designs, from his first taking up the business in Congress -in the year 1835, down to the date of the letter; and thereafter. -The letter was in reply to one asking his opinion "_as to the -steps which should be taken_" to guard the rights of the South; -and was written in a feeling of personal confidence to a person -in a condition to take steps; and which he has since published to -counteract the belief that Mr. Calhoun was seeking the dissolution -of the Union. The letter disavows such a design, and at the same -time proves it--recommends forcing the issue between the North and -the South, and lays down the manner in which it should be done. It -opens with this paragraph: - - "I am much gratified with the tone and views of your letter, - and concur entirely in the opinion you express, that instead - of shunning, we ought to court the issue with the North on the - slavery question. I would even go one step further, and add - that it is our duty--due to ourselves, to the Union, and our - political institutions, to _force_ the issue on the North. - We are now stronger relatively than we shall be hereafter, - politically and morally. Unless we bring on the issue, delay - to us will be dangerous indeed. It is the true policy of those - enemies who seek our destruction. Its effects are, and have - been, and will be to weaken us politically and morally, and to - strengthen them. Such has been my opinion from the first. Had - the South, or even my own State backed me, I would have _forced_ - the issue on the North in 1835, when the spirit of abolitionism - first developed itself to any considerable extent. It is a true - maxim, to meet danger on the frontier, in politics as well as - war. Thus thinking, I am of the impression, that if the South - act as it ought, the Wilmot Proviso, instead of proving to - be the means of successfully assailing us and our peculiar - institution, may be made the occasion of successfully asserting - our equality and rights, by enabling us to _force_ the issue on - the North. Something of the kind was indispensable to rouse and - unite the South. On the contrary, if we should not meet it as we - ought, I fear, greatly fear, our doom will be fixed. It would - prove that we either have not the sense or spirit to defend - ourselves and our institutions." - -The phrase "forcing the issue" is here used too often, and for a -purpose too obvious, to need remark. The reference to his movement -in 1835 confirms all that was said of that movement at the time -by senators from both sections of the Union, and which has been -related in chapter 131 of the first volume of this View. At that -time Mr. Calhoun characterized his movement as defensive--as done in -a spirit of self-defence: it was then characterized by senators as -aggressive and offensive: and it is now declared in this letter to -have been so. He was then openly told that he was playing into the -hands of the abolitionists, and giving them a champion to contend -with, and the elevated theatre of the American Senate for the -dissemination of their doctrines, and the production of agitation -and sectional division. All that is now admitted, with a lamentation -that the South, and not even his own State, would stand by him then -in forcing the issue. So that chance was lost. Another was now -presented. The Wilmot Proviso, so much deprecated in public, is -privately saluted as a fortunate event, giving another chance for -forcing the issue. The letter proceeds: - - "But in making up the issue, we must look far beyond the - proviso. It is but one of many acts of aggression, and, in my - opinion, by no means the most dangerous or degrading, though - more striking and palpable." - -In looking beyond the proviso (the nature of which has been -explained in a preceding chapter) Mr. Calhoun took up the recent -act of the General Assembly of Pennsylvania, repealing the slave -sojournment law within her limits, and obstructing the recovery of -fugitive slaves--saying: - - "I regard the recent act of Pennsylvania, and laws of that - description, passed by other States, intended to prevent or - embarrass the reclamation of fugitive slaves, or to liberate - our domestics when travelling with them in non-slaveholding - States, as unconstitutional. Insulting as it is, it is even - more dangerous. I go further, and hold that if we have a right - to hold our slaves, we have a right to hold them in peace and - quiet, and that the toleration, in the non-slaveholding States, - of the establishment of societies and presses, and the delivery - of lectures, with the express intention of calling in question - our right to our slaves, and of seducing and abducting them - from the service of their masters, and finally overthrowing the - institution itself, as not only a violation of international - laws, but also of the Federal compact. I hold, also, that we - cannot acquiesce in such wrongs, without the certain destruction - of the relation of master and slave, and without the ruin of the - South." - -The acts of Pennsylvania here referred to are justly complained -of, but with the omission to tell that these injurious acts were -the fruit of his own agitation policy, and in his own line of -forcing issues; and that the repeal of the sojournment law, which -had subsisted since the year 1780, and the obstruction of the -fugitive slave act, which had been enforced since 1793, only took -place twelve years after he had commenced slavery agitation in the -South, and were legitimate consequences of that agitation, and of -the design to force the issue with the North. The next sentence -of the letter reverts to the Wilmot Proviso, and is of momentous -consequence as showing that Mr. Calhoun, with all his public -professions in favor of compromise and conciliation, was secretly -opposed to any compromise or adjustment, and actually considered the -defeat of the proviso as a misfortune to the South. Thus: - - "With this impression, I would regard any compromise or - adjustment of the proviso, or even its defeat, without meeting - the danger in its whole length and breadth, as very unfortunate - for us. It would lull us to sleep again, without removing the - danger, or materially diminishing it." - -So that, while this proviso was, publicly, the Pandora's box which -filled the Union with evil, and while it was to Mr. Calhoun and his -friends the theme of endless deprecation, it was secretly cherished -as a means of keeping up discord, and forcing the issue between -the North and the South. Mr. Calhoun then proceeds to the serious -question of disunion, and of the manner in which the issue could be -forced. - - "This brings up the question, how can it be so met, _without - resorting to the dissolution of the Union_? I say without its - dissolution, for, in my opinion, a high and sacred regard for - the constitution, as well as the dictates of wisdom, make it - our duty in this case, as well as all others, not to resort to, - or even to look to that extreme remedy, until all others have - failed, and then only in defence of our liberty and safety. - There is, in my opinion, but one way in which it can be met; and - that is the one indicated in my letter to Mr. ----, and to which - you allude in yours to me, viz., by retaliation. Why I think so, - I shall now proceed to explain." - -Then follows an argument to justify retaliation, by representing the -constitution as containing provisions, he calls them stipulations, -some in favor of the slaveholding, and some in favor of the -non-slaveholding States, and the breach of any of which, on one -side, authorizes a retaliation on the other; and then declaring that -Pennsylvania, and other States, have violated the provision in favor -of the slave States in obstructing the recovery of fugitive slaves, -he proceeds to explain his remedy--saying: - - "There is and can be but one remedy short of disunion, and - that is to retaliate on our part, by refusing to fulfil the - stipulations in their favor, or such as we may select, as - the most efficient. Among these, the right of their ships - and commerce to enter and depart from our ports is the most - effectual, and can be enforced. That the refusal on their part - would justify us to refuse to fulfil on our part those in their - favor, is too clear to admit of argument. That it would be - effectual in compelling them to fulfil those in our favor can - hardly be doubted, when the immense profit they make by trade - and navigation out of us is regarded; and also the advantages we - would derive from the direct trade it would establish between - the rest of the world and our ports." - -Retaliation by closing the ports of the State against the commerce -of the offending State: and this called a constitutional remedy, -and a remedy short of disunion. It is, on the contrary, a flagrant -breach of the constitution, and disunion itself, and that at the -very point which caused the Union to be formed. Every one acquainted -with the history of the formation of the federal constitution, knows -that it grew out of the single question of commerce--the necessity -of its regulation between the States to prevent them from harassing -each other, and with foreign nations to prevent State rivalries -for foreign trade. To stop the trade with any State is, therefore, -to break the Union with that State; and to give any advantage to -a foreign nation over a State, would be to break the constitution -again in the fundamental article of its formation; and this is what -the retaliatory remedy of commercial non-intercourse arrives at--a -double breach of the constitution--one to the prejudice of sister -States, the other in favor of foreign nations. For immediately -upon this retaliation upon a State, and as a consequence of it, a -great foreign trade is to grow up with all the world. The letter -proceeds with further instructions upon the manner of executing the -retaliation: - - "My impression is, that it should be restricted to _sea-going_ - vessels, which would leave open the trade of the valley of the - Mississippi to New Orleans by river, and to the other Southern - cities by railroad; and tend thereby to detach the North-western - from the North-eastern States." - -This discloses a further feature in the plan of forcing the issue. -The North-eastern States were to be excluded from Southern maritime -commerce: the North-western States were to be admitted to it by -railroad, and also allowed to reach New Orleans by the Mississippi -River. And this discrimination in favor of the North-western States -was for the purpose of detaching them from the North-east. Detach is -the word. And that word signifies to separate, disengage, disunite, -part from: so that the scheme of disunion contemplated the inclusion -of the North-western States in the Southern division. The State of -Missouri was one of the principal of these States, and great efforts -were made to gain her over, and to beat down Senator Benton who was -an obstacle to that design. The letter concludes by pointing out the -only difficulty in the execution of this plan, and showing how to -surmount it. - - "There is but one practical difficulty in the way; and that - is, to give it force, it will require the co-operation of all - the slave-holding States lying on the Atlantic Gulf. Without - that, it would be ineffective. To get that is the great point, - and for that purpose a convention of the Southern States is - indispensable. Let that be called, and let it adopt measures - to bring about the co-operation, and I would underwrite for - the rest. The non-slaveholding States would be compelled to - observe the stipulations of the constitution in our favor, or - abandon their trade with us, or to take measures to coerce us, - which would throw on them the responsibility of dissolving - the Union. Which they would choose, I do not think doubtful. - Their unbounded avarice would, in the end, control them. Let - a convention be called--let it recommend to the slaveholding - States to take the course advised, giving, say one year's - notice, before the acts of the several States should go into - effect, and the issue would fairly be made up, and our safety - and triumph certain." - -This the only difficulty--the want of a co-operation of all the -Southern Atlantic States; and to surmount that, the indispensability -of a convention of the Southern States is fully declared. This -was going back to the starting point--to the year 1835--when Mr. -Calhoun first took up the slavery agitation in the Senate, and when -a convention of the slaveholding States was as much demanded then as -now, and that twelve years before the Wilmot Proviso--twelve years -before the Pennsylvania unfriendly legislation--twelve years before -the insult and outrage to the South, in not permitting them to carry -their local laws with them to the territories, for the protection of -their slave property. A call of a Southern convention was as much -demanded then as now; and such conventions often actually attained: -but without accomplishing the object of the prime mover. No step -could be got to be taken in those conventions towards dividing and -sectionalizing the States, and after a vain reliance upon them -for seventeen years, a new method has been fallen upon: and this -confidential letter from Mr. Calhoun to a member of the Alabama -legislature of 1847, has come to light, to furnish the key which -unlocks his whole system of slavery agitation which he commenced -in the year 1835. That system was to force issues upon the North -under the pretext of self-defence, and to sectionalize the South, -preparatory to disunion, through the instrumentality of sectional -conventions, composed wholly of delegates from the slaveholding -States. Failing in that scheme of accomplishing the purpose, a new -one was fallen upon, which will disclose itself in its proper place. - - - - -CHAPTER CLXIX. - -DEATH OF SILAS WRIGHT, EX-SENATOR AND EX-GOVERNOR OF NEW YORK. - - -He died suddenly, at the early age of fifty-two, and without the -sufferings and premonitions which usually accompany the mortal -transit from time to eternity. A letter that he was reading, was -seen to fall from his hand: a physician was called: in two hours -he was dead--apoplexy the cause. Though dying at the age deemed -young in a statesman, he had attained all that long life could -give--high office, national fame, fixed character, and universal -esteem. He had run the career of honors in the State of New -York--been representative and senator in Congress--and had refused -more offices, and higher, than he ever accepted. He refused cabinet -appointments under his fast friend, Mr. Van Buren, and under Mr. -Polk, whom he may be said to have elected: he refused a seat on -the bench of the federal Supreme Court; he rejected instantly the -nomination of 1844 for Vice-President of the United States, when -that nomination was the election. He refused to be put in nomination -for the presidency. He refused to accept foreign missions. He spent -that time in declining office which others did in winning it; and of -those he did accept, it might well be said they were "_thrust_" upon -him. Office, not greatness, was thrust upon him. He was born great, -and above office, and unwillingly descended to it; and only took it -for its burthens, and to satisfy an importunate public demand. Mind, -manners, morals, temper, habits, united in him to form the character -that was perfect, both in public and private life, and to give the -example of a patriot citizen--of a farmer statesman--of which we -have read in Cincinnatus and Cato, and seen in Mr. Macon, and some -others of their stamp--created by nature--formed in no school: and -of which the instances are so rare and long between. - -His mind was clear and strong, his judgment solid, his elocution -smooth and equable, his speaking always addressed to the -understanding, and always enchaining the attention of those who had -minds to understand. Grave reasoning was his forte. Argumentation -was always the line of his speech. He spoke to the head, not to -the passions; and would have been disconcerted to have seen any -body laugh, or cry, at any thing he said. His thoughts evolved -spontaneously, in natural and proper order, clothed in language of -force and clearness; all so naturally and easily conceived that an -extemporaneous speech, or the first draught of an intricate report, -had all the correctness of a finished composition. His manuscript -had no blots--a proof that his mind had none; and he wrote a neat, -compact hand, suitable to a clear and solid mind. He came into -the Senate, in the beginning of General Jackson's administration, -and remained during that of Mr. Van Buren; and took a ready and -active part in all the great debates of those eventful times. -The ablest speakers of the opposition always had to answer him; -and when he answered them, they showed by their anxious concern, -that the adversary was upon them whose force they dreaded most. -Though taking his full part upon all subjects, yet finance was his -particular department, always chairman of that committee, when his -party was in power, and by the lucidity of his statements making -plain the most intricate moneyed details. He had a just conception -of the difference between the functions of the finance committee of -the Senate, and the committee of ways and means of the House--so -little understood in these latter times: those of the latter founded -in the prerogative of the House to originate all revenue bills; -those of the former to act upon the propositions from the House, -without originating measures which might affect the revenue, so as -to coerce either its increase or prevent its reduction. In 1844 he -left the Senate, to stand for the governorship of New York; and -never did his self-sacrificing temper undergo a stronger trial, or -submit to a greater sacrifice. He liked the Senate: he disliked the -governorship, even to absolute repugnance. But it was said to him -(and truly, as then believed, and afterwards proved) that the State -would be lost to Mr. Polk, unless Mr. Wright was associated with -him in the canvass: and to this argument he yielded. He stood the -canvass for the governorship--carried it--and Mr. Polk with him; and -saved the presidential election of that year. - -Judgment was the character of Mr. Wright's mind: purity the quality -of the heart. Though valuable in the field of debate, he was still -more valued at the council table, where sense and honesty are most -demanded. General Jackson and Mr. Van Buren relied upon him as -one of their safest counsellors. A candor which knew no guile--an -integrity which knew no deviation--which worked right on, like a -machine governed by a law of which it was unconscious--were the -inexorable conditions of his nature, ruling his conduct in every -act, public and private. No foul legislation ever emanated from -him. The jobber, the speculator, the dealer in false claims, the -plunderer, whose scheme required an act of Congress; all these -found in his vigilance and perspicacity a detective police, which -discovered their designs, and in his integrity a scorn of corruption -which kept them at a distance from the purity of his atmosphere. - -His temper was gentle--his manners simple--his intercourse -kindly--his habits laborious--and rich upon a freehold of thirty -acres, in much part cultivated by his own hand. In the intervals -of senatorial duties this man, who refused cabinet appointments -and presidential honors, and a seat upon the Supreme Bench--who -measured strength with Clay, Webster, and Calhoun, and on whose -accents admiring Senates hung: this man, his neat suit of broadcloth -and fine linen exchanged for the laborer's dress, might be seen -in the harvest field, or meadow, carrying the foremost row, and -doing the cleanest work: and this not as recreation or pastime, or -encouragement to others, but as work, which was to count in the -annual cultivation, and labor to be felt in the production of the -needed crop. His principles were democratic, and innate, founded -in a feeling, still more than a conviction, that the masses were -generally right in their sentiments, though sometimes wrong in their -action; and that there was less injury to the country from the -honest mistakes of the people, than from the interested schemes of -corrupt and intriguing politicians. He was born in Massachusetts, -came to man's estate in New York, received from that State the only -honors he would accept; and in choosing his place of residence in it -gave proof of his modest, retiring, unpretending nature. Instead of -following his profession in the commercial or political capital of -his State, where there would be demand and reward for his talent, he -constituted himself a village lawyer where there was neither, and -pertinaciously refused to change his locality. In an outside county, -on the extreme border of the State, taking its name of St. Lawrence -from the river which washed its northern side, and divided the -United States from British America--and in one of the smallest towns -of that county, and in one of the least ambitious houses of that -modest town, lived and died this patriot statesman--a good husband -(he had no children)--a good neighbor--a kind relative--a fast -friend--exact and punctual in every duty, and the exemplification of -every social and civic virtue. - - - - -CHAPTER CLXX. - -THIRTIETH CONGRESS: FIRST SESSION: LIST OF MEMBERS: PRESIDENT'S -MESSAGE. - - -_Senate._ - -MAINE.--Hannibal Hamlin, J. W. Bradbury. - -NEW HAMPSHIRE.--Charles G. Atherton, John P. Hale. - -VERMONT.--William Upham, Samuel S. Phelps. - -MASSACHUSETTS.--Daniel Webster, John Davis. - -RHODE ISLAND.--Albert C. Greene, John H. Clarke. - -CONNECTICUT.--John M. Niles, Roger S. Baldwin. - -NEW YORK.--John A. Dix, Daniel S. Dickinson. - -NEW JERSEY.--William L. Dayton, Jacob W. Miller. - -PENNSYLVANIA.--Simon Cameron, Daniel Sturgeon. - -DELAWARE.--John M. Clayton, Presley Spruance. - -MARYLAND.--James A. Pearce, Reverdy Johnson. - -VIRGINIA.--James M. Mason, R. M. T. Hunter. - -NORTH CAROLINA.--George. E. Badger, Willie P. Mangum. - -SOUTH CAROLINA.--A. P. Butler, John C. Calhoun. - -GEORGIA.--Herschell V. Johnson, John M. Berrien. - -ALABAMA.--William R. King, Arthur P. Bagley. - -MISSISSIPPI.--Jefferson Davis, Henry Stuart Foote. - -LOUISIANA.--Henry Johnson, S. U. Downs. - -TENNESSEE.--Hopkins L. Turney, John Bell. - -KENTUCKY.--Thomas Metcalfe, Joseph R. Underwood. - -OHIO.--William Allen, Thomas Corwin. - -INDIANA.--Edward A. Hannegan, Jesse D. Bright. - -ILLINOIS.--Sidney Breese, Stephen A. Douglass. - -MISSOURI.--David R. Atchison, Thomas H. Benton. - -ARKANSAS.--Solon Borland, William K. Sebastian. - -MICHIGAN.--Thomas Fitzgerald, Alpheus Felch. - -FLORIDA.--J. D. Westcott, Jr., David Yulee. - -TEXAS.--Thomas J. Rusk, Samuel Houston. - -IOWA.--Augustus C. Dodge, George W. Jones. - -WISCONSIN.--Henry Dodge, I. P. Walker. - - -_House of Representatives._ - -MAINE.--David Hammonds, Asa W. H. Clapp, Hiram Belcher, Franklin -Clark, E. K. Smart, James S. Wiley, Hezekiah Williams. - -NEW HAMPSHIRE.--Amos Tuck, Charles H. Peaslee, James Wilson, James -H. Johnson. - -MASSACHUSETTS.--Rob't C. Winthrop, Daniel P. King, Amos Abbott, John -G. Palfrey, Chas. Hudson, George Ashmun, Julius Rockwell, Horace -Mann, Artemas Hale, Joseph Grinnell. - -RHODE ISLAND.--R. B. Cranston, B. B. Thurston. - -CONNECTICUT.--James Dixon, S. D. Hilliard, J. A. Rockwell, Truman -Smith. - -VERMONT.--William Henry, Jacob Collamer, George P. Marsh, Lucius B. -Peck. - -NEW YORK.--Frederick W. Lloyd, H. C. Murphy, Henry Nicoll, W. B. -Maclay, Horace Greeley, William Nelson, Cornelius Warren, Daniel B. -St. John, Eliakim Sherrill, P. H. Sylvester, Gideon Reynolds, J. -I. Slingerland, Orlando Kellogg, S. Lawrence, Hugh White, George -Petrie, Joseph Mullin, William Collins, Timothy Jenkins, G. A. -Starkweather, Ausburn Birdsall, William Duer, Daniel Gott, Harmon S. -Conger, William T. Lawrence, Ebon Blackman, Elias B. Holmes, Robert -L. Rose, David Ramsay, Dudly Marvin, Nathan K. Hall, Harvey Putnam, -Washington Hunt. - -NEW JERSEY.--James G. Hampton, William A. Newell, Joseph Edsall, J. -Van Dyke, D. S. Gregory. - -PENNSYLVANIA.--Lewis C. Levin, J. R. Ingersoll, Charles Brown, C. J. -Ingersoll, John Freedly, Samuel A. Bridges, A. R. McIlvaine, John -Strohm, William Strong, R. Brodhead, Chester Butler, David Wilmot, -James Pollock, George N. Eckert, Henry Nes, Jasper E. Brady, John -Blanchard, Andrew Stewart, Job Mann, John Dickey, Moses Hampton, J. -W. Farrelly, James Thompson, Alexander Irvine. - -DELAWARE.--John W. Houston. - -MARYLAND.--J. G. Chapman, J. Dixon Roman, T. Watkins Ligon, R. M. -McLane, Alexander Evans, John W. Crisfield. - -VIRGINIA.--Archibald Atkinson, Richard K. Meade, Thomas S. Flournoy, -Thomas S. Bocock, William L. Goggin, John M. Botts, Thomas H. Bayly, -R. T. L. Beale, J. S. Pendleton, Henry Bedinger, James McDowell, -William B. Preston, Andrew S. Fulton, R. A. Thompson, William G. -Brown. - -NORTH CAROLINA.--Thomas S. Clingman, Nathaniel Boyden, D. M. -Berringer, Aug. H. Shepherd, Abm. W. Venable, James J. McKay, J. R. -J. Daniel, Richard S. Donnell, David Outlaw. - -SOUTH CAROLINA.--Daniel Wallace, Richard F. Simpson, J. A. Woodward, -Artemas Burt, Isaac E. Holmes, R. Barnwell Rhett. - -GEORGIA.--T. Butler King, Alfred Iverson, John W. Jones, H. A. -Harralson, J. A. Lumpkin, Howell Cobb, A. H. Stephens, Robert -Toombs. - -ALABAMA.--John Gayle, H. W. Hilliard, S. W. Harris, William M. Inge, -G. S. Houston, W. R. W. Cobb, F. W. Bowdon. - -MISSISSIPPI.--Jacob Thompson, W. S. Featherston, Patrick W. -Tompkins, Albert G. Brown. - -LOUISIANA.--Emile La Sere, B. G. Thibodeaux, J. M. Harmansan, Isaac -E. Morse. - -FLORIDA.--Edward C. Cabell. - -OHIO.--James J. Faran, David Fisher, Robert C. Schenck, Richard -S. Canby, William Sawyer, R. Dickinson, Jonathan D. Morris, J. L. -Taylor, T. O. Edwards, Daniel Duncan, John K. Miller, Samuel F. -Vinton, Thomas Richey, Nathan Evans, William Kennon, Jr., J. D. -Cummins, George Fries, Samuel Lahm, John Crowell, J. R. Giddings, -Joseph M. Root. - -INDIANA.--Elisha Embree, Thomas J. Henley, J. L. Robinson, Caleb B. -Smith, William W. Wick, George G. Dunn, R. W. Thompson, John Pettit, -C. W. Cathcart, William Rockhill. - -MICHIGAN.--R. McClelland, Cha's E. Stewart, Kinsley S. Bingham. - -ILLINOIS.--Robert Smith, J. A. McClernand, O. B. Ficklin, John -Wentworth, W. A. Richardson, Thomas J. Turner, A. Lincoln. - -IOWA.--William Thompson, Shepherd Leffler. - -KENTUCKY.--Linn Boyd, Samuel O. Peyton, B. L. Clark, Aylett Buckner, -J. B. Thompson, Green Adams, Garnett Duncan, Charles S. Morehead, -Richard French, John P. Gaines. - -TENNESSEE.--Andrew Johnson, William M. Cocke, John H. Crozier, H. -L. W. Hill, George W. Jones, James H. Thomas, Meredith P. Gentry, -Washington Barrow, Lucien B. Chase, Frederick P. Stanton, William T. -Haskell. - -MISSOURI.--James B. Bowlin, John Jamieson, James S. Green, Willard -P. Hall, John S. Phelps. - -ARKANSAS.--Robert W. Johnson. - -TEXAS.--David S. Kaufman, Timothy Pillsbury. - -WISCONSIN.--Mason C. Darling, William Pitt Lynde. - - -Robert C. Winthrop, Esq., of Massachusetts, was elected Speaker of -the House, and Benjamin B. French, Esq., clerk, and soon after the -President's message was delivered, a quorum of the Senate having -appeared the first day. The election of Speaker had decided the -question of the political character of the House, and showed the -administration to be in a minority:--a bad omen for the popularity -of the Mexican war. The President had gratifying events to -communicate to Congress--the victories of Cerro Gordo, Contreras -and Churubusco, the storming of Chepultepec, and the capture of the -City of Mexico: and exulted over these exploits with the pride of -an American, although all these advantages had to be gained over the -man whom he handed back into Mexico under the belief that he was to -make peace. He also informed Congress that a commissioner had been -sent to the head-quarters of the American army to take advantage -of events to treat for peace; and that he had carried out with him -the draught of the treaty, already prepared, which contained the -terms on which alone the war was to be terminated. This commissioner -was Nicholas P. Trist, Esq., principal clerk in the Department -of State, a man of mind and integrity, well acquainted with the -state of parties in Mexico, subject to none at home, and anxious -to establish peace between the countries. Upon the capture of the -city, and the downfall of Santa Anna, commissioners were appointed -to meet Mr. Trist; but the Mexican government, far from accepting -the treaty as drawn up and sent to them, submitted other terms still -more objectionable to us than ours to them; and the two parties -remained without prospect of agreement. The American commissioner -was recalled, "_under the belief_," said the message, "_that his -continued presence with the army could do no good_." This recall was -despatched from the United States the 6th of October, immediately -after information had been received of the failure of the attempted -negotiations; but, as will be seen hereafter, the notice of the -recall arriving when negotiations had been resumed with good -prospect of success, Mr. Trist remained at his post to finish his -work. - -In the course of the summer a "_female_," fresh from Mexico, -and with a masculine stomach for war and politics, arrived at -Washington, had interviews with members of the administration, and -infected some of them with the contagion of a large project--nothing -less than the absorption into our Union of all Mexico, and the -assumption of all her debts (many tens of millions _in esse_, and -more _in posse_), and all to be assumed at par, though the best were -at 25 cents in the dollar, and the mass ranging down to five cents. -This project was given out, and greatly applauded in some of the -administration papers--condemned by the public feeling, and greatly -denounced in a large opposition meeting in Lexington, Kentucky, at -which Mr. Clay came forth from his retirement to speak wisely and -patriotically against it. The "_female_" had gone back to Mexico, -with high letters from some members of the cabinet to the commanding -general, and to the plenipotentiary negotiator; both of whom, -however, eschewed the proffered aid. A party in Mexico developed -itself for this total absorption, and total assumption of debts, and -the scheme acquired so much notoriety, and gained such consistency -of detail, and stuck so close to some members of the administration, -that the President deemed it necessary to clear himself from the -suspicion; which he did in a decisive paragraph of his message: - - "It has never been contemplated by me, as an object of the - war, to make a permanent conquest of the republic of Mexico, - or to annihilate her separate existence as an independent - nation. On the contrary, it has ever been my desire that she - should maintain her nationality, and, under a good government - adapted to her condition, be a free, independent, and prosperous - republic. The United States were the first among the nations - to recognize her independence, and have always desired to be - on terms of amity and good neighborhood with her. This she - would not suffer. By her own conduct we have been compelled - to engage in the present war. In its prosecution, we seek not - her overthrow as a nation, but, in vindicating our national - honor, we seek to obtain redress for the wrongs she has done us, - and indemnity for our just demands against her. We demand an - honorable peace; and that peace must bring with it indemnity for - the past, and security for the future." - -While some were for total absorption, others were for half; and for -taking a line (provisionally during the war), preparatory to its -becoming permanent at its close, and giving to the United States -the northern States of Mexico from gulf to gulf. This project the -President also repulsed in a paragraph of his message: - - "To retire to a line, and simply hold and defend it, would not - terminate the war. On the contrary, it would encourage Mexico to - persevere, and tend to protract it indefinitely. It is not to be - expected that Mexico, after refusing to establish such a line as - a permanent boundary when our victorious army are in possession - of her capital, and in the heart of her country, would permit us - to hold it without resistance. That she would continue the war, - and in the most harassing and annoying forms, there can be no - doubt. A border warfare of the most savage character, extending - over a long line, would be unceasingly waged. It would require - a large army to be kept constantly in the field stationed at - posts and garrisons along such a line, to protect and defend - it. The enemy, relieved from the pressure of our arms on his - coasts and in the populous parts of the interior, would direct - his attention to this line, and selecting an isolated post for - attack, would concentrate his forces upon it. This would be a - condition of affairs which the Mexicans, pursuing their favorite - system of guerilla warfare, would probably prefer to any other. - Were we to assume a defensive attitude on such a line, all the - advantages of such a state of war would be on the side of the - enemy. We could levy no contributions upon him, or in any other - way make him feel the pressure of the war; but must remain - inactive, and wait his approach, being in constant uncertainty - at what point on the line, or at what time, he might make an - assault. He may assemble and organize an overwhelming force - in the interior, on his own side of the line, and, concealing - his purpose, make a sudden assault on some one of our posts so - distant from any other as to prevent the possibility of timely - succor or reinforcements; and in this way our gallant army would - be exposed to the danger of being cut off in detail; or if by - their unequalled bravery and prowess every where exhibited - during this war, they should repulse the enemy, their number - stationed at any one post may be too small to pursue him. If the - enemy be repulsed in one attack, he would have nothing to do but - to retreat to his own side of the line, and being in no fear of - a pursuing army, may reinforce himself at leisure, for another - attack on the same or some other post. He may, too, cross the - line between our posts, make rapid incursions into the country - which we hold, murder the inhabitants, commit depredations on - them, and then retreat to the interior before a sufficient - force can be concentrated to pursue him. Such would probably be - the harassing character of a mere defensive war on our part. - If our forces, when attacked, or threatened with attack, be - permitted to cross the line, drive back the enemy, and conquer - him, this would be again to invade the enemy's country, after - having lost all the advantages of the conquests we have already - made by having voluntarily abandoned them. To hold such a line - successfully and in security, it is far from being certain that - it would not require as large an army as would be necessary to - hold all the conquests we have already made, and to continue the - prosecution of the war in the heart of the enemy's country. It - is also far from being certain that the expense of the war would - be diminished by such a policy." - -These were the same arguments which Senator Benton had addressed to -the President the year before, when the recommendation of this line -of occupation had gone into the draught of his message, as a cabinet -measure, and was with such difficulty got out of it; but without -getting it out of the head of Mr. Calhoun and his political friends. -To return to the argument against such a line, in this subsequent -message, bespoke an adherence to it on the part of some formidable -interest, which required to be authoritatively combated: and such -was the fact. The formidable interest which wished a separation of -the slave from the free States, wished also as an extension of their -Southern territory, to obtain a broad slice from Mexico, embracing -Tampico as a port on the east, Guaymas as a port on the Gulf of -California, and Monterey and Saltillo in the middle. Mr. Polk did -not sympathize with that interest, and publicly repulsed their -plan--without, however, extinguishing their scheme--which survives, -and still labors at its consummation in a different form, and with -more success. - -The expenses of the government during that season of war, were the -next interesting head of the message, and were presented, all heads -of expenditure included, at some fifty-eight millions of dollars; or -a quarter less than those same expenses now are in a state of peace -The message says: - - "It is estimated that the receipts into the Treasury for the - fiscal year ending on the 30th of June, 1848, including the - balance in the Treasury on the 1st of July last, will amount - to forty-two millions eight hundred and eighty-six thousand - five hundred and forty-five dollars and eighty cents; of which - thirty-one millions, it is estimated, will be derived from - customs; three millions five hundred thousand from the sale of - the public lands; four hundred thousand from incidental sources; - including sales made by the solicitor of the Treasury; and six - millions two hundred and eighty-five thousand two hundred and - ninety-four dollars and fifty-five cents from loans already - authorized by law, which, together with the balance in the - Treasury on the 1st of July last, make the sum estimated. The - expenditures for the same period, if peace with Mexico shall not - be concluded, and the army shall be increased as is proposed, - will amount, including the necessary payments on account of - principal and interest of the public debt and Treasury notes, to - fifty-eight millions six hundred and fifteen thousand and sixty - dollars and seven cents." - -An encomium upon the good working of the independent treasury -system, and the perpetual repulse of paper money from the federal -Treasury, concluded the heads of this message which retain a -surviving interest: - - "The financial system established by the constitutional Treasury - has been, thus far, eminently successful in its operations; and - I recommend an adherence to all its essential provisions; and - especially to that vital provision, which wholly separates the - government from all connection with banks, and excludes bank - paper from all revenue receipts." - -An earnest exhortation to a vigorous prosecution of the war -concluded the message. - - - - -CHAPTER CLXXI. - -DEATH OF SENATOR BARROW: MR. BENTON'S EULOGIUM. - - -MR. BENTON. In rising to second the motion for paying to the memory -of our deceased brother senator the last honors of this body, I feel -myself to be obeying the impulsions of an hereditary friendship, as -well as conforming to the practice of the Senate. Forty years ago, -when coming to the bar at Nashville, it was my good fortune to enjoy -the friendship of the father of the deceased, then an inhabitant -of Nashville, and one of its most respected citizens. The deceased -was then too young to be noted amongst the rest of the family. The -pursuits of life soon carried us far apart, and long after, and for -the first time to know each other, we met on this floor. We met -not as strangers, but as friends--friends of early and hereditary -recollections; and all our intercourse since--every incident and -every word of our lives, public and private--has gone to strengthen -and confirm the feelings under which we met, and to perpetuate with -the son the friendship which had existed with the father. Up to the -last moments of his presence in this chamber--up to the last moment -that I saw him--our meetings and partings were the cordial greetings -of hereditary friendship; and now, not only as one of the elder -senators, but as the early and family friend of the deceased, I come -forward to second the motion for the honors to his memory. - -The senator from Louisiana (Mr. H. Johnson) has performed the office -of duty and of friendship to his deceased friend and colleague. -Justly, truly and feelingly has he performed it. With deep and -heartfelt emotion he has portrayed the virtues, and sketched the -qualities, which constituted the manly and lofty character of -Alexander Barrow. He has given us a picture as faithful as it is -honorable, and it does not become me to dilate upon what he has so -well presented; but, in contemplating the rich and full portrait of -the high qualities of the head and heart which he has presented, -suffer me to look for an instant to the source, the fountain, from -which flowed the full stream of generous and noble actions which -distinguished the entire life of our deceased brother senator. I -speak of the heart--the noble heart--of Alexander Barrow. Honor, -courage, patriotism, friendship, generosity--fidelity to his friend -and his country--the social affections--devotion to the wife of his -bosom, and the children of their love: all--all, were there! and -never, not once, did any cold, or selfish, or timid calculation -ever come from his manly head to check or balk the noble impulsions -of his generous heart. A quick, clear, and strong judgment found -nothing to restrain in these impulsions; and in all the wide circle -of his public and private relations--in all the words and acts of -his life--it was the heart that moved first, and always so true to -honor that judgment had nothing to do but to approve the impulsion. -From that fountain flowed the stream of the actions of his life; and -now what we all deplore--what so many will join in deploring--is, -that such a fountain, so unexpectedly, in the full tide of its flow, -should have been so suddenly dried up. He was one of the younger -members of this body, and in all the hope and vigor of meridian -manhood. Time was ripening and maturing his faculties. He seemed -to have a right to look forward to many years of usefulness to his -country and to his family. With qualities evidently fitted for the -_field_ as well as for the Senate, a brilliant future was before -him; ready, as I know he was, to serve his country in any way that -honor and duty should require. - - - - -CHAPTER CLXXII. - -DEATH OF MR. ADAMS. - - - "Just after the yeas and nays were taken on a question, and the - Speaker had risen to put another question to the House, a sudden - cry was heard on the left of the chair, 'Mr. Adams is dying!' - Turning our eyes to the spot, we beheld the venerable man in the - act of falling over the left arm of his chair, while his right - arm was extended, grasping his desk for support. He would have - dropped upon the floor had he not been caught in the arms of - the member sitting next him. A great sensation was created in - the House: members from all quarters rushing from their seats, - and gathering round the fallen statesman, who was immediately - lifted into the area in front of the clerk's table. The Speaker - instantly suggested that some gentleman move an adjournment, - which being promptly done, the House adjourned." - -So wrote the editors of the National Intelligencer, friends and -associates of Mr. Adams for forty years, and now witnesses of the -last scene--the sudden sinking in his chair, which was to end in -his death. The news flew to the Senate chamber, the Senate then in -session, and engaged in business, which Mr. Benton interrupted, -standing up, and saying to the President of the body and the -senators: - - "I am called on to make a painful announcement to the Senate. I - have just been informed that the House of Representatives has - this instant adjourned under the most afflictive circumstances. - A calamitous visitation has fallen on one of its oldest and - most valuable members--one who has been President of the United - States, and whose character has inspired the highest respect - and esteem. Mr. Adams has just sunk down in his chair, and - has been carried into an adjoining room, and may be at this - moment passing from the earth, under the roof that covers us, - and almost in our presence. In these circumstances the whole - Senate will feel alike, and feel wholly unable to attend to any - business. I therefore move the immediate adjournment of the - Senate." - -The Senate immediately adjourned, and all inquiries were directed -to the condition of the stricken statesman. He had been removed -to the Speaker's room, where he slightly recovered the use of his -speech, and uttered in faltering accents, the intelligible words, -"_This is the last of earth_;" and soon after, "_I am composed._" -These were the last words he ever spoke. He lingered two days, and -died on the evening of the 23d--struck the day before, and dying -the day after the anniversary of Washington's birth--and attended -by every circumstance which he could have chosen to give felicity -in death. It was on the field of his labors--in the presence of the -national representation, presided by a son of Massachusetts (Robert -C. Winthrop, Esq.), in the full possession of his faculties, and of -their faithful use--at octogenarian age--without a pang--hung over -in his last unconscious moments by her who had been for more than -fifty years the worthy partner of his bosom. Such a death was the -"crowning mercy" of a long life of eminent and patriotic service, -filled with every incident that gives dignity and lustre to human -existence. - -I was sitting in my library-room in the twilight of a raw and -blustering day, the lamp not yet lit, when a note was delivered to -me from Mr. Webster--I had saved it seven years, just seven--when -it was destroyed in that conflagration of my house which consumed, -in a moment, so much which I had long cherished. The note was to -inform me that Mr. Adams had breathed his last; and to say that the -Massachusetts delegation had fixed upon me to second the motion, -which would be made in the Senate the next day, for the customary -funeral honors to his memory. Seconding the motion on such an -occasion always requires a brief discourse on the life and character -of the deceased. I was taken by surprise, for I had not expected -such an honor: I was oppressed; for a feeling of inability and -unworthiness fell upon me. I went immediately to Mr. Winthrop, who -was nearest, to inquire if some other senator had been named to take -my place if I should find it impossible to comply with the request. -He said there was none--that Mr. Davis, of Massachusetts, would make -the motion, and that I was the only one named to second him. My -part was then fixed. I went to the other end of the city to see Mr. -Davis, and so to arrange with him as to avoid repetitions--which was -done, that he should speak of events, and I of characteristics. It -was late in the night when I got back to my house, and took pen and -paper to note the heads of what I should say. Never did I feel so -much the weight of Cicero's admonition--"_Choose with discretion out -of the plenty that lies before you._" The plenty was too much. It -was a field crowded with fruits and flowers, of which you could only -cull a few--a mine filled with gems, of which you could only snatch -a handful. By midnight I had finished the task, and was ready for -the ceremony. - -Mr. Adams died a member of the House, and the honors to his -memory commenced there, to be finished in the Senate. Mr. Webster -was suffering from domestic affliction--the death of a son and -a daughter--and could not appear among the speakers. Several -members of the House spoke justly and beautifully; and of these, -the pre-eminent beauty and justice of the discourse delivered by -Mr. James McDowell, of Virginia (even if he had not been a near -connection, the brother of Mrs. Benton), would lead me to give it -the preference in selecting some passages from the tributes of the -House. With a feeling and melodious delivery, he said: - - "It is not for Massachusetts to mourn alone over a solitary - and exclusive bereavement. It is not for her to feel alone - a solitary and exclusive sorrow. No, sir; no! Her sister - commonwealths gather to her side in this hour of her affliction, - and, intertwining their arms with hers, they bend together over - the bier of her illustrious son--feeling as she feels, and - weeping as she weeps, over a sage, a patriot, and a statesman - gone! It was in these great characteristics of individual and of - public man that his country reverenced that son when living, and - such, with a painful sense of her common loss, will she deplore - him now that he is dead. - - "Born in our revolutionary day, and brought up in early and - cherished intimacy with the fathers and founders of the - republic, he was a living bond of connection between the present - and the past--the venerable representative of the memories of - another age, and the zealous, watchful, and powerful one of the - expectations, interests, and progressive knowledge of his own. - - "There he sat, with his intense eye upon every thing that - passed, the picturesque and rare one man, unapproachable by all - others in the unity of his character and in the thousand-fold - anxieties which centred upon him. No human being ever entered - this hall without turning habitually and with heart-felt - deference first to him, and few ever left it without pausing, - as they went, to pour out their blessings upon that spirit of - consecration to the country which brought and which kept him - here. - - "Standing upon the extreme boundary of human life, and - disdaining all the relaxations and exemptions of age, his outer - framework only was crumbling away. The glorious engine within - still worked on unhurt, uninjured, amid all the dilapidations - around it, and worked on with its wonted and its iron power, - until the blow was sent from above which crushed it into - fragments before us. And, however appalling that blow, and - however profoundly it smote upon our own feelings as we beheld - its extinguishing effect upon his, where else could it have - fallen so fitly upon him? Where else could he have been relieved - from the yoke of his labors so well as in the field where he - bore them? Where else would he himself have been so willing to - have yielded up his life, as upon the post of duty, and by the - side of that very altar to which he had devoted it? Where but - in the capitol of his country, to which all the throbbings and - hopes of his heart had been given, would the dying patriot be so - willing that those hopes and throbbings should cease? And where - but from this mansion-house of liberty on earth, could this - dying Christian more fitly go to his mansion-house of eternal - liberty on high?" - -Mr. Benton concluded in the Senate the ceremonies which had -commenced in the House, pronouncing the brief discourse which was -intended to group into one cluster the varied characteristics of the -public and private life of this most remarkable man: - - "The voice of his native State has been heard, through one of - the senators of Massachusetts, announcing the death of her aged - and most distinguished son. The voice of the other senator from - Massachusetts is not heard, nor is his presence seen. A domestic - calamity, known to us all, and felt by us all, confines him - to the chamber of grief while the Senate is occupied with the - public manifestations of a respect and sorrow which a national - loss inspires. In the absence of that senator, and as the member - of this body longest here, it is not unfitting or unbecoming in - me to second the motion which has been made for extending the - last honors of the Senate to him who, forty-five years ago, was - a member of this body, who, at the time of his death, was among - the oldest members of the House of Representatives, and who, - putting the years of his service together, was the oldest of all - the members of the American government. - - "The eulogium of Mr. Adams is made in the facts of his life, - which the senator from Massachusetts (Mr. Davis) has so - strikingly stated, that from early manhood to octogenarian age, - he has been constantly and most honorably employed in the public - service. For a period of more than fifty years, from the time of - his first appointment as minister abroad under Washington, to - his last election to the House of Representatives by the people - of his native district, he has been constantly retained in the - public service, and that, not by the favor of a sovereign, or - by hereditary title, but by the elections and appointments - of republican government. This fact makes the eulogy of the - illustrious deceased. For what, except a union of all the - qualities which command the esteem and confidence of man, could - have insured a public service so long, by appointments free - and popular, and from sources so various and exalted? Minister - many times abroad; member of this body; member of the House - of Representatives; cabinet minister; President of the United - States; such has been the galaxy of his splendid appointments. - And what but moral excellence the most perfect; intellectual - ability the most eminent; fidelity the most unwavering; service - the most useful; would have commanded such a succession of - appointments so exalted, and from sources so various and so - eminent? Nothing less could have commanded such a series of - appointments; and accordingly we see the union of all these - great qualities in him who has received them. - - "In this long career of public service, Mr. Adams was - distinguished not only by faithful attention to all the great - duties of his stations, but to all their less and minor - duties. He was not the Salaminian galley, to be launched only - on extraordinary occasions; but he was the ready vessel, - always under sail when the duties of his station required - it, be the occasion great or small. As President, as cabinet - minister, as minister abroad, he examined all questions that - came before him, and examined all, in all their parts--in all - the minutiae of their detail, as well as in all the vastness - of their comprehension. As senator, and as a member of the - House of Representatives, the obscure committee-room was as - much the witness of his laborious application to the drudgery - of legislation, as the halls of the two Houses were to the - ever-ready speech, replete with knowledge, which instructed all - hearers, enlightened all subjects, and gave dignity and ornament - to all debate. - - "In the observance of all the proprieties of life, Mr. Adams - was a most noble and impressive example. He cultivated the - minor as well as the greater virtues. Wherever his presence - could give aid and countenance to what was useful and honorable - to man, there he was. In the exercises of the school and of - the college--in the meritorious meetings of the agricultural, - mechanical, and commercial societies--in attendance upon Divine - worship--he gave the punctual attendance rarely seen but in - those who are free from the weight of public cares. - - "Punctual to every duty, death found him at the post of duty; - and where else could it have found him, at any stage of his - career, for the fifty years of his illustrious public life? - From the time of his first appointment by Washington to his - last election by the people of his native town, where could - death have found him but at the post of duty? At that post, in - the fulness of age, in the ripeness of renown crowned with - honors, surrounded by his family, his friends, and admirers, - and in the very presence of the national representation, he has - been gathered to his fathers, leaving behind him the memory of - public services which are the history of his country for half a - century, and the example of a life, public and private, which - should be the study and the model of the generations of his - countrymen." - -The whole ceremony was inconceivably impressive. The two Houses -of Congress were filled to their utmost capacity, and of all that -Washington contained, and neighboring cities could send--the -President, his cabinet, foreign ministers, judges of the Supreme -Court, senators and representatives, citizens and visitors. - - - - -CHAPTER CLXXIII. - -DOWNFALL OF SANTA ANNA: NEW GOVERNMENT IN MEXICO: PEACE -NEGOTIATIONS: TREATY OF PEACE. - - -The war was declared May 13th, 1846, upon a belief, grounded on the -projected restoration of Santa Anna (then in exile in Havana), that -it would be finished in ninety to one hundred and twenty days, and -that, in the mean time, no fighting would take place. Santa Anna did -not get back until the month of August; and, simultaneously with his -return, was the President's overture for peace, and application to -Congress for two millions of dollars--with leave to pay the money -in the city of Mexico on the conclusion of peace there, without -waiting for the ratification of the treaty by the United States. -Such an overture, and such an application, and the novelty of paying -money upon a treaty before it was ratified by our own authorities, -bespoke a great desire to obtain peace, even by extraordinary means. -And such was the fact. The desire was great--the means unusual; but -the event baffled all the calculations. Santa Anna repulsed the -peace overture, put himself at the head of armies, inflamed the war -spirit of the country, and fought desperately. It was found that a -mistake had been made--that the sword, and not the olive branch had -been returned to Mexico; and that, before peace could be made, it -became the part of brave soldiers to conquer by arms the man whom -intrigue had brought back to grant it. Brought back by politicians, -he had to be driven out by victorious generals before the peace he -was to give could be obtained. The victories before the city of -Mexico, and the capture of the city, put an end to his career. The -republican party, which abhorred him, seized upon those defeats to -depose him. He fled the country, and a new administration being -organized, peaceful negotiations were resumed, and soon terminated -in the desired pacification. Mr. Trist had remained at his post, -though recalled, and went on with his negotiations. In three months -after his downfall, and without further operation of arms, the -treaty was signed, and all the desired stipulations obtained. New -Mexico and Upper California were ceded to the United States, and the -lower Rio Grande, from its mouth to El Paso, taken for the boundary -of Texas. These were the acquisitions. On the other hand, the United -States agreed to pay to Mexico fifteen millions of dollars in five -instalments, annual after the first; which first instalment, true to -the original idea of the efficacy of money in terminating the war, -was to be paid down in the city of Mexico as soon as the articles -of pacification were signed, and ratified there. The claims of -American citizens against Mexico were all assumed, limited to three -and a quarter millions of dollars, which, considering that the war -ostensibly originated in these claims, was a very small sum. But -the largest gratified interest was one which did not appear on the -face of the treaty, but had the full benefit of being included in -it. They were the speculators in Texas lands and scrip, now allowed -to calculate largely upon their increased value as coming under the -flag of the American Union. They were among the original promoters -of the Texas annexation, among the most clamorous for war, and among -the gratified at the peace. General provisions only were admitted -into the treaty in favor of claims and land titles. Upright and -disinterested himself, the negotiator sternly repulsed all attempts -to get special, or personal provisions to be inserted in behalf of -any individuals or companies. The treaty was a singular conclusion -of the war. Undertaken to get indemnity for claims, the United -States paid those claims herself. Fifteen millions of dollars were -the full price of New Mexico and California--the same that was paid -for all Louisiana; so that, with the claims assumed, the amount paid -for the territories, and the expenses of the war, the acquisitions -were made at a dear rate. The same amount paid to Mexico without -the war, and by treating her respectfully in treating with her for -a boundary which would include Texas, might have obtained the same -cessions; for every Mexican knew that Texas was gone, and that New -Mexico and Upper California were going the same way, both inhabited -and dominated by American citizens, and the latter actually severed -from Mexico by a successful revolution before the war was known of, -and for the purpose of being transferred to the United States. - -The treaty was a fortunate event for the United States, and for -the administration which had made it. The war had disappointed -the calculation on which it began. Instead of brief, cheap, and -bloodless, it had become long, costly, and sanguinary: instead -of getting a peace through the restoration of Santa Anna, that -formidable chieftain had to be vanquished and expelled, before -negotiations could be commenced with those who would always have -treated fairly, if their national feelings had not been outraged -by the aggressive and defiant manner in which Texas had been -incorporated. Great discontent was breaking out at home. The -Congress elections were going against the administration, and the -aspirants for the presidency in the cabinet were struck with terror -at the view of the great military reputations which were growing -up. Peace was the only escape from so many dangers, and it was -gladly seized upon to terminate a war which had disappointed all -calculations, and the very successes of which were becoming alarming -to them. - -Mr. Trist signed his treaty in the beginning of February, and it -stands on the statute-book, as it was in fact, the sole work on the -American side, of that negotiator. Two ministers plenipotentiary -and envoys extraordinary were sent out to treat after he had been -recalled. They arrived after the work was done, and only brought -home what he had finished. His name alone is signed to the treaty on -the American side, against three on the Mexican side: his name alone -appears on the American side in the enumeration of the ministers in -the preamble to the treaty. In that preamble he is characterized -as the "_plenipotentiary_" of the United States, and by that title -he was described in the commission given him by the President. His -work was accepted, communicated to the Senate, ratified; and became -a supreme law of the land: yet he himself was rejected! recalled -and dismissed, without the emoluments of plenipotentiary; while two -others received those emoluments in full for bringing home a treaty -in which their names do not appear. Certainly those who served -the government well in that war with Mexico, fared badly with the -administration. Taylor, who had vanquished at Palo Alto, Resaca de -la Palma, Monterey, and Buena Vista, was quarrelled with: Scott, -who removed the obstacles to peace, and subdued the Mexican mind to -peace, was superseded in the command of the army: Fremont, who had -snatched California out of the hands of the British, and handed it -over to the United States, was court-martialled: and Trist, who made -the treaty which secured the objects of the war, and released the -administration from its dangers, was recalled and dismissed. - - - - -CHAPTER CLXXIV. - -OREGON TERRITORIAL GOVERNMENT: ANTI-SLAVERY ORDINANCE OF 1787 -APPLIED TO OREGON TERRITORY: MISSOURI COMPROMISE LINE OF 1820, AND -THE TEXAS ANNEXATION RENEWAL OF IT IN 1845, AFFIRMED. - - -It was on the bill for the establishment of the Oregon territorial -government that Mr. Calhoun first made trial of his new doctrine of, -"No power in Congress to abolish slavery in territories;" which, -so far from maintaining, led to the affirmation of the contrary -doctrine, and to the discovery of his own, early as well as late -support, of what he now condemned as a breach of the constitution, -and justifiable cause for a separation of the slave from the free -States. For it was on this occasion that Senator Dix, of New York, -produced the ample proofs that Mr. Calhoun, as a member of Mr. -Monroe's cabinet, supported the constitutionality of the Missouri -compromise at the time it was made; and his own avowals eighteen -years afterwards proved the same thing--all to be confirmed by -subsequent authentic acts. On the motion of Mr. Hale, in the Senate, -the bill (which had come up from the House without any provision on -the subject of slavery) was amended so as to extend the principle -of the anti-slavery clause of the ordinance of '87 to the bill. Mr. -Douglass moved to amend by inserting a provision for the extension -of the Missouri compromise line to the Pacific Ocean. His proposed -amendment was specific, and intended to be permanent, and to apply -to the organization of all future territories established in the -West. It was in these words: - - "That the line of thirty-six degrees and thirty minutes of north - latitude, known as the Missouri compromise line, as defined - by the eighth section of an act entitled 'An act to authorize - the people of the Missouri territory to form a constitution - and State government, and for the admission of such State into - the Union on an equal footing with the original States, and - to prohibit slavery in certain territories, approved March 6, - 1820,' be, and the same is hereby, declared to extend to the - Pacific Ocean; and the said eighth section, together with the - compromise therein effected, is hereby revived, and declared to - be in full force and binding, for the future organization of the - territories of the United States, in the same sense, and with - the same understanding, with which it was originally adopted." - -The yeas and nays were demanded on the adoption of this amendment, -and resulted, 33 for it, 22 against it. They were: - - "YEAS--Messrs. Atchison, Badger, Bell, Benton, Berrien, Borland, - Bright, Butler, Calhoun, Cameron, Davis of Mississippi, - Dickinson, Douglass, Downs, Fitzgerald, Foote, Hannegan, - Houston, Hunter, Johnson of Maryland, Johnson of Louisiana, - Johnson of Georgia, King, Lewis, Mangum, Mason, Metcalfe, - Pearce, Sebastian, Spruance, Sturgeon, Turney, Underwood. - - "NAYS--Messrs. Allen, Atherton, Baldwin, Bradbury, Breese, - Clark, Corwin, Davis of Massachusetts, Dayton, Dix, Dodge, - Felch, Greene, Hale, Hamlin, Miller, Niles, Phelps, Upham, - Walker, Webster." - -The vote here given by Mr. Calhoun was in contradiction to his new -doctrine, and excused upon some subtle distinction between a vote -for an amendment, and a bill, and upon a reserved intent to vote -against the bill itself if adopted. Considering that his objections -to the matter of the amendment were constitutional and not -expedient, and that the votes of others might pass the bill with the -clause in it without his help, it is impossible to see the validity -of the distinction with which he satisfied himself. His language -was that, "though he had voted for the introduction of the Missouri -compromise, he could not vote for the bill which he regarded as -artificial." Eventually the bill passed through both Houses with -the anti-slavery principle of the ordinance embraced in it; whereat -Mr. Calhoun became greatly excited, and assuming to act upon the -new doctrine that he had laid down, that the exclusion of slavery -from any territory was a subversion of the Union, openly proclaimed -the strife between the North and the South to be ended, and the -separation of the States accomplished; called upon the South to do -her duty to herself, and denounced every Southern representative who -would not follow the same course that he did. He exclaimed: - - "The great strife between the North and the South is ended. The - North is determined to exclude the property of the slaveholder, - and of course the slaveholder himself, from its territory. - On this point there seems to be no division in the North. In - the South, he regretted to say, there was some division of - sentiment. The effect of this determination of the North was - to convert all the Southern population into slaves; and he - would never consent to entail that disgrace on his posterity. - He denounced any Southern man who would not take the same - course. Gentlemen were greatly mistaken if they supposed the - presidential question in the South would override this more - important one. The separation of the North and the South is - completed. The South has now a most solemn obligation to - perform--to herself--to the constitution--to the Union. She is - bound to come to a decision not to permit this to go on any - further, but to show that, dearly as she prizes the Union, there - are questions which she regards as of greater importance than - the Union. She is bound to fulfil her obligations as she may - best understand them. This is not a question of territorial - government, but a question involving the continuance of the - Union. Perhaps it was better that this question should come to - an end, in order that some new point should be taken." - -This was an open invocation to disunion, and from that time forth -the efforts were regular to obtain a meeting of the members from -the slave States, to unite in a call for a convention of the slave -States to redress themselves. Mr. Benton and General Houston, who -had supported the Oregon bill, were denounced by name by Mr. -Calhoun after his return to South Carolina, "as traitors to the -South:" a denunciation which they took for a distinction; as, what -he called treason to the South, they knew to be allegiance to the -Union. The President, in approving the Oregon bill, embraced the -opportunity to send in a special message on the slavery agitation, -in which he showed the danger to the Union from the progress of that -agitation, and the necessity of adhering to the principles of the -ordinance of 1787--the terms of the Missouri compromise of 1820--and -the Texas compromise (as he well termed it) of 1845, as the means of -averting the danger. These are his warnings: - - "The fathers of the constitution--the wise and patriotic men - who laid the foundation of our institutions--foreseeing the - danger from this quarter, acted in a spirit of compromise and - mutual concession on this dangerous and delicate subject; and - their wisdom ought to be the guide of their successors. Whilst - they left to the States exclusively the question of domestic - slavery within their respective limits, they provided that - slaves, who might escape into other States not recognizing the - institution of slavery, shall 'be delivered up on the claim - of the party to whom such service or labor may be due.' Upon - this foundation the matter rested until the Missouri question - arose. In December, 1819, application was made to Congress by - the people of the Missouri territory for admission into the - Union as a State. The discussion upon the subject in Congress - involved the question of slavery, and was prosecuted with such - violence as to produce excitements alarming to every patriot in - the Union. But the good genius of conciliation which presided - at the birth of our institutions finally prevailed, and the - Missouri compromise was adopted. This compromise had the - effect of calming the troubled waves, and restoring peace and - good-will throughout the States of the Union. I do not doubt - that a similar adjustment of the questions which now agitate - the public mind would produce the same happy results. If the - legislation of Congress on the subject of the other territories - shall not be adopted in a spirit of conciliation and compromise, - it is impossible that the country can be satisfied, or that the - most disastrous consequences shall fail to ensue. When Texas - was admitted into our Union, the same spirit of compromise - which guided our predecessors in the admission of Missouri, - a quarter of a century before, prevailed without any serious - opposition. The 'joint-resolution for annexing Texas to the - United States,' approved March the first, one thousand eight - hundred and forty-five, provides that 'such States as may be - formed out of that portion of said territory lying south of - thirty-six degrees thirty minutes north latitude, commonly - known as the Missouri compromise line, shall be admitted into - the Union with or without slavery, as the people of each State - asking admission may desire. And in such State or States as - shall be formed out of said territory north of the Missouri - compromise line, slavery or involuntary servitude (except for - crime) shall be prohibited. The territory of Oregon lies far - north of thirty-six degrees thirty minutes, the Missouri and - Texas compromise line. Its southern boundary is the parallel - of forty-two, leaving the intermediate distance to be three - hundred and thirty geographical miles. And it is because the - provisions of this bill are not inconsistent with the terms of - the Missouri compromise, if extended from the Rio Grande to the - Pacific Ocean, that I have not felt at liberty to withhold my - sanction. Had it embraced territories south of that compromise, - the question presented for my consideration would have been - of a far different character, and my action upon it must have - corresponded with my convictions. - - "Ought we now to disturb the Missouri and Texas compromises? - Ought we at this late day, in attempting to annul what has been - so long established and acquiesced in, to excite sectional - divisions and jealousies; to alienate the people of different - portions of the Union from each other; and to endanger the - existence of the Union itself?" - -To the momentous appeals with which this extract concludes, a -terrible answer has just been given. To the question--Will you annul -these compromises, and excite jealousies and divisions, sectional -alienations, and endanger the existence of this Union? the dreadful -answer has been given--WE WILL! And in recording that answer, -History performs her sacred duty in pointing to its authors as the -authors of the state of things which now alarms and afflicts the -country, and threatens the calamity which President Polk foresaw and -deprecated. - - - - -CHAPTER CLXXV. - -MR. CALHOUN'S NEW DOGMA ON TERRITORIAL SLAVERY: SELF-EXTENSION OF -THE SLAVERY PART OF THE CONSTITUTION TO THE TERRITORIES. - - -The resolutions of 1847 went no further than to deny the power of -Congress to prohibit slavery in a territory, and that was enough -while Congress alone was the power to be guarded against: but it -became insufficient, and even a stumbling-block, when New Mexico -and California were acquired, and where no Congress prohibition was -necessary because their soil was already free. Here the dogma of -'47 became an impediment to the territorial extension of slavery; -for, in denying power to legislate upon the subject, the denial -worked both ways--both against the admission and exclusion. It was -on seeing this consequence as resulting from the dogmas of 1847, -that Mr. Benton congratulated the country upon the approaching -cessation of the slavery agitation--that the Wilmot Proviso being -rejected as unnecessary, the question was at an end, as the friends -of slavery extension could not ask Congress to pass a law to carry -it into a territory. The agitation seemed to be at an end, and -peace about to dawn upon the land. Delusive calculation! A new -dogma was invented to fit the case--that of the transmigration of -the constitution--(the slavery part of it)--into the territories, -overriding and overruling all the anti-slavery laws which it found -there, and planting the institution there under its own wing, and -maintaining it beyond the power of eradication either by Congress -or the people of the territory. Before this dogma was proclaimed -efforts were made to get the constitution extended to these -territories by act of Congress: failing in those attempts, the -difficulty was leaped over by boldly assuming that the constitution -went of itself--that is to say, the slavery part of it. In this -exigency Mr. Calhoun came out with his new and supreme dogma of the -transmigratory function of the constitution in the _ipso facto_, -and the instantaneous transportation of itself in its slavery -attributes, into all acquired territories. This dogma was thus -broached by its author in his speech upon the Oregon territorial -bill: - - "_But I deny that the laws of Mexico can have the effect - attributed to them (that of keeping slavery out of New Mexico - and California). As soon as the treaty between the two countries - is ratified, the sovereignty and authority of Mexico in the - territory acquired by it become extinct, and that of the United - States is substituted in its place, carrying with it the - constitution, with its overriding control over all the laws and - institutions of Mexico inconsistent with it._" - -History cannot class higher than as a vagary of a diseased -imagination this imputed self-acting and self-extension of the -constitution. The constitution does nothing of itself--not even in -the States, for which it was made. Every part of it requires a law -to put it into operation. No part of it can reach a territory unless -imparted to it by act of Congress. Slavery, as a local institution, -can only be established by a local legislative authority. It cannot -transmigrate--cannot carry along with it the law which protects it: -and if it could, what law would it carry? The code of the State from -which the emigrant went? Then there would be as many slavery codes -in the territory as States furnishing emigrants, and these codes -all varying more or less; and some of them in the essential nature -of the property--the slave, in many States, being only a chattel -interest, governed by the laws applicable to chattels--in others, -as in Louisiana and Kentucky, a real-estate interest, governed by -the laws which apply to landed property. In a word, this dogma -of the self-extension of the slavery part of the constitution to -a territory is impracticable and preposterous, and as novel as -unfounded. - -It was in this same debate, on the Oregon territorial bill, that -Mr. Calhoun showed that he had forgotten the part which he had -acted on the Missouri compromise question, and also forgotten its -history, and first declared that he held that compromise to be -unconstitutional and void. Thus: - - "After an arduous struggle of more than a year, on the question - whether Missouri should come into the Union, with or without - restrictions prohibiting slavery, a compromise line was - adopted between the North and the South; but it was done under - circumstances which made it nowise obligatory on the latter. It - is true, it was moved by one of her distinguished citizens (Mr. - Clay), but it is equally so, that it was carried by the almost - united vote of the North against the almost united vote of the - South; and was thus imposed on the latter by superior numbers, - in opposition to her strenuous efforts. The South has never - given her sanction to it, or assented to the power it asserted. - She was voted down, and has simply acquiesced in an arrangement - which she has not had the power to reverse, and which she could - not attempt to do without disturbing the peace and harmony of - the Union--to which she has ever been adverse." - -All this is error, and was immediately shown to be so by Senator -Dix of New York, who produced the evidence that Mr. Monroe's -cabinet, of which Mr. Calhoun was a member, had passed upon the -question of the constitutionality of that compromise, and given -their opinions in its favor. It has also been seen since that, as -late as 1838, Mr. Calhoun was in favor of that compromise, and -censured Mr. Randolph for being against it; and, still later, -in 1845, he acted his part in re-enacting that compromise, and -re-establishing its line, in that part of it which had been -abrogated by the laws and constitution of Texas, and which, if -not re-established, would permit slavery in Texas, to spread -south of 36 deg. 30'. Forgetting his own part in that compromise, Mr. -Calhoun equally forgot that of others. He says Mr. Clay moved the -compromise--a clear mistake, as it came down to the House from the -Senate, as an amendment to the House restrictive bill. He says it -was carried by the almost united voice of the North against the -almost united voice of the South--a clear mistake again, for it was -carried in the Senate by the united voice of the South, with the aid -of a few votes from the North; and in the House, by a majority of -votes from each section, making 134 to 42. He says it was imposed on -the South: on the contrary, it was not only voted for, but invoked -and implored by its leading men--by all in the Senate, headed by Mr. -Pinkney of Maryland; by all in the House, headed by Mr. Lowndes, -with the exception of Mr. Randolph, whom Mr. Calhoun has since -authentically declared he blamed at the time for his opposition. So -far from being imposed on the South, she re-established it when she -found it down at the recovery of Texas. Every member of Congress -that voted for the legislative admission of Texas in 1845, voted -for the re-establishment of the prostrate Missouri compromise -line: and that vote comprehended the South, with Mr. Calhoun at -its head--not as a member of Congress, but as Secretary of State, -promoting that legislative admission of Texas, and seizing upon it -in preference to negotiation, to effect the admission. This was on -the third day of March, 1845; so that up to that day, which was only -two years before the invention of the "no power" dogma, Mr. Calhoun -is estopped by his own act from denying the constitutionality of -the Missouri compromise: and in that estoppel is equally included -every member of Congress that then voted for that admission. He says -the South never gave her sanction to it: on the contrary, she did -it twice--at its enactment in 1820, and at its re-establishment in -1845. He says she was voted down: on the contrary, she was voted up, -and that twice, and by good help added to her own exertions--and -for which she was duly grateful both times. All this the journals -and legislative history of the times will prove, and which any -person may see that will take the trouble to look. But admit all -these errors of fact, Mr. Calhoun delivered a sound and patriotic -sentiment which his disciples have disregarded and violated: He -would not attempt to reverse the Missouri compromise, because it -would disturb the peace and harmony of the Union. What he would not -attempt, they have done: and the peace and harmony of the Union are -not only disturbed, but destroyed. - -In the same speech the dogma of squatter sovereignty was properly -repudiated and scouted, though condemnation was erroneously derived -from a denial, instead of an assertion, of the power of Congress -over it. "Of all the positions ever taken on the subject, he -declared this of squatter sovereignty to be the most absurd:" and, -going on to trace the absurdity to its consequences, he said: - - "The first half-dozen of squatters would become the sovereigns, - with full dominion and sovereignty over the territories; and the - conquered people of New Mexico and California would become the - sovereigns of the country as soon as they become territories of - the United States, vested with the full right of excluding even - their conquerors." - -Mr. Calhoun concluded this speech on the Oregon bill, in which -he promulgated his latest dogmas on slavery, with referring the -future hypothetical dissolution of the Union, to three phases of -the slavery question: 1. The ordinance of '87. 2. The compromise -of 1820. 3. The Oregon agitation of that day, 1848. These were his -words: - - "Now, let me say, Senators, if our Union and system of - government are doomed to perish, and we to share the fate of - so many great people who have gone before us, the historian, - who, in some future day, may record the events tending to so - calamitous a result, will devote his first chapter to the - ordinance of 1787, as lauded as it and its authors have been, - as the first in that series which led to it. His next chapter - will be devoted to the Missouri compromise, and the next to the - present agitation. Whether there will be another beyond, I know - not. It will depend on what we may do." - -These the three causes: The ordinance of 1787, which was voted -for by every slave State then in existence: The compromise of -1820, supported by himself, and the power of the South: The Oregon -agitation of 1848, of which he was the sole architect--for he was -the founder of the opposition to free soil in Oregon. But the -historian will have to say that neither of these causes dissolved -the Union: and that historian may have to relate that a fourth cause -did it--and one from which Mr. Calhoun recoiled, "_because it could -not be attempted without disturbing the peace and the harmony of the -Union_." - - - - -CHAPTER CLXXVI. - -COURT-MARTIAL ON LIEUTENANT-COLONEL FREMONT. - - -Columbus, the discoverer of the New World, was carried home in -chains, from the theatre of his discoveries, to expiate the crime -of his glory: Fremont, the explorer of California and its preserver -to the United States, was brought home a prisoner to be tried for -an offence, of which the penalty was death, to expiate the offence -of having entered the army without passing through the gate of the -Military Academy. - -The governor of the State of Missouri, Austin A. King, Esq., -sitting at the end of a long gallery at Fort Leavenworth, in -the summer of 1846, where he had gone to see a son depart as a -volunteer in General Kearney's expedition to New Mexico, heard a -person at the other end of the gallery speaking of Fremont in a -way that attracted his attention. The speaker was in the uniform -of a United States officer, and his remarks were highly injurious -to Fremont. He inquired the name of the speaker, and was told it -was Lieutenant Emory, of the Topographical corps; and he afterwards -wrote to a friend in Washington that Fremont was to have trouble -when he got among the officers of the regular army: and trouble -he did have: for he had committed the offence for which, in the -eyes of many of these officers, there was no expiation except -in ignominious expulsion from the army. He had not only entered -the army intrusively, according to their ideas, that is to say, -without passing through West Point, but he had done worse: he had -become distinguished. Instead of seeking easy service about towns -and villages, he had gone off into the depths of the wilderness, -to extend the boundaries of science in the midst of perils and -sufferings, and to gain for himself a name which became known -throughout the world. He was brought home to be tried for the -crime of mutiny, expanded into many specifications, of which one -is enough to show the monstrosity of the whole. At page 11 of the -printed record of the trial, under the head of "Mutiny" stands this -specification, numbered 6: - - "In this, that he, Lieutenant-colonel John C. Fremont, of the - regiment of mounted riflemen, United States army, did, at Ciudad - de los Angeles, on the second of March, 1847, in contempt of - the lawful authority of his superior officer, Brigadier-general - Kearney, assume to be and act as governor of California, in - executing a deed or instrument of writing in the following - words, to wit: '_In consideration of Francis Temple having - conveyed to the United States a certain island, commonly called - White, or Bird Island, situated near the mouth of San Francisco - Bay, I, John C. Fremont, Governor of California, and in virtue - of my office as aforesaid, hereby oblige myself as the legal - representative of the United States, and my successors in - office, to pay the said Francis Temple, his heirs or assigns, - the sum of $5,000, to be paid at as early a day as possible - after the receipt of funds from the United States. In witness - whereof, I have hereunto set my hand, and caused the seal of - the Territory of California to be affixed, at Ciudad de los - Angeles, the capital of California, this 2d day of March, A. D. - 1847.--John C. Fremont_.'" - -And of this specification, as well as of all the rest, two dozen in -number, Fremont was duly found guilty by a majority of the court. -Now this case of mutiny consisted in this: That there being an -island of solid rock, of some hundred acres extent, in the mouth of -the San Francisco bay, formed by nature to command the bay, and on -which the United States are now constructing forts and a light-house -to cost millions, which island had been granted to a British subject -and was about to be sold to a French subject, Colonel Fremont -bought it for the United States, subject to their ratification in -paying the purchase money: all which appears upon the face of the -papers. Upon this transaction (as upon all the other specifications) -the majority of the court found the accused guilty of "mutiny," -the appropriate punishment for which is death; but the sentence -was moderated down to dismission from the service. The President -disapproved the absurd findings (seven of them) under the mutiny -charge, but approved the finding and sentence on inferior charges; -and offered a pardon to Fremont: which he scornfully refused. Since -then the government has taken possession of that island by military -force, without paying any thing for it; Fremont having taken the -purchase on his own account since his conviction for "mutiny" in -having purchased it for the government--a conviction about equal to -what it would have been on a specification for witchcraft, heresy, -or "flat burglary." And now annual appropriations are made for forts -and the light-house upon it, under the name of Alcatraz, or Los -Alcatrazes--that is to say, Pelican Island; so called from being the -resort of those sea birds. - -Justice to the dead requires it to be told that these charges, so -preposterously wicked, were not the work of General Kearney, but had -been altered from his. At page 64 of the printed record, and not in -answer to any question on that point, but simply to place himself -right before the court, and the country, General Kearney swore in -these words, and signed them: "_The charges upon which Colonel -Fremont is now arraigned, are not my charges. I preferred a single -charge against Lieutenant-colonel Fremont. These charges, upon which -he is now arraigned, have been changed from mine._" The change was -from one charge to three, and from one or a few specifications -to two dozen--whereof this island purchase is a characteristic -specimen. No person has ever acknowledged the authorship of the -change, but the caption to the charges (page 4 of the record) -declares them to have been preferred by order of the War Department. -The caption runs thus: "_Charges against Lieutenant-colonel Fremont, -of the regiment of mounted riflemen, United States army, preferred -against him by order of the War Department, on information of -Brigadier-general Kearney._" The War Department, at that time, was -William L. Marcy, Esq.; in consequence of which Senator Benton, -chairman for twenty years of the Senate's committee on Military -Affairs, refused to remain any longer at the head of that -committee, because he would not hold a place which would put him in -communication with that department. - -The gravamen of the charge was, that Fremont had mutinied because -Kearney would not appoint him governor of California; and the answer -to that was, that Commodore Stockton, acting under full authority -from the President, had already appointed him to that place before -Kearney left Santa Fe for New Mexico: and the proof was ample, -clear, and pointed to that effect: but more has since been found, -and of a kind to be noticed by a court of West Point officers, as -it comes from graduates of the institution. It so happens that -two of General Kearney's officers (Captain Johnston, of the First -Dragoons, and Lieutenant Emory, of the Topographical corps), both -kept journals of the expedition, which have since been published, -and that both these journals contain the same proof--one by a plain -and natural statement--the other by an unnatural suppression which -betrays the same knowledge. The journal of Captain Johnston, of the -first dragoons, under the date of October 6th, 1846, contains this -entry: - - "Marched at 9, after having great trouble in getting some ox - carts from the Mexicans: after marching about three miles we - met Kit Carson, direct on express from California, with a mail - of public letters for Washington. He informs us that Colonel - Fremont is probably civil and military governor of California, - and that about forty days since, Commodore Stockton with the - naval forces, and Colonel Fremont, acting in concert, commenced - to revolutionize that country, and place it under the American - flag: that in about ten days this was done, and Carson having - received the rank of lieutenant, was despatched across the - country by the Gila, with a party to carry the mail. The general - told him that he had just passed over the country which we were - to traverse, and he wanted him to go back with him as a guide: - he replied that he had pledged himself to go to Washington, and - he could not think of not fulfilling his promise. The general - told him he would relieve him of all responsibility, and place - the mail in the hands of a safe person to carry it on. He - finally consented, and turned his face towards the West again, - just as he was on the eve of entering the settlements, after - his arduous trip, and when he had set his hopes on seeing his - family. It requires a brave man to give up his private feelings - thus for the public good; but Carson is one: such honor to his - name for it." - -This is a natural and straightforward account of this meeting -with Carson, and of the information he gave, that California was -conquered by Stockton and Fremont, and the latter governor of -it; and the journal goes on to show that, in consequence of this -information, General Kearney turned back the body of his command, -and went on with an escort only of one hundred dragoons. Lieutenant -Emory's journal of the same date opens in the same way, with the -same account of the difficulty of getting some teams from the -Mexicans, and then branches off into a dissertation upon peonage, -and winds up the day with saying: "_Came into camp late, and found -Carson with an express from California, bearing intelligence that -the country had surrendered without a blow, and that the American -flag floated in every part._" This is a lame account, not telling to -whom the country had surrendered, eschewing all mention of Stockton -and Fremont, and that governorship which afterwards became the -point in the court-martial trial. The next day's journal opens with -Carson's news, equally lame at the same point, and redundant in -telling something in New Mexico, under date of Oct. 7th, 1846, which -took place the next year in old Mexico, thus: "_Yesterday's news -caused some changes in our camp: one hundred dragoons, officered, -&c., formed the party for California. Major Sumner, with the -dragoons, was ordered to retrace his steps._" Here the news brought -by Carson is again referred to, and the consequence of receiving it -is stated; but still no mention of Fremont and Stockton, and that -governorship, the question of which became the whole point in the -next year's trial for mutiny. But the lack of knowledge of what -took place in his presence is more than balanced by a foresight -into what took place afterwards and far from him--exhibited thus -in the journal: "_Many friends here parted that were never to meet -again: some fell in California, some in New Mexico, and some at -Cerro Gordo._" Now, no United States troops fell in New Mexico until -after Lieutenant Emory left there, nor in California until he got -there, nor at Cerro Gordo until April of the next year, when he was -in California, and could not know it until after Fremont was fixed -upon to be arrested for that mutiny of which the governorship was -the point. It stands to reason, then, that this part of the journal -was altered nearly a year after it purports to have been written, -and after the arrest of Fremont had been resolved upon; and so, -while absolutely proving an alteration of the journal, explains -the omission of all mention of all reference to the governorship, -the ignoring of which was absolutely essential to the institution -of the charge of mutiny.--Long afterwards, and without knowing a -word of what Captain Johnston had written, or Lieutenant Emory had -suppressed, Carson gave his own statement of that meeting with -General Kearney, the identity of which with the statement of Captain -Johnston, is the identity of truth with itself. Thus: - - "I met General Kearney, with his troops, on the 6th of October, - about ---- miles below Santa Fe. I had heard of their coming, - and when I met them, the first thing I told them was that they - were 'too late'--that California was conquered, and the United - States flag raised in all parts of the country. But General - Kearney said he would go on, and said something about going to - establish a civil government. I told him a civil government was - already established, and Colonel Fremont appointed governor, - to commence as soon as he returned from the north, some time - in that very month (October). General Kearney said that made - no difference--that he was a friend of Colonel Fremont, and - he would make him governor himself. He began from the first - to insist on my turning back to guide him into California. I - told him I could not turn back--that I had pledged myself to - Commodore Stockton and Colonel Fremont to take their despatches - through to Washington City, and to return with despatches as - far as New Mexico, where my family lived, and to carry them - all the way back if I did not find some one at Santa Fe that I - could trust as well as I could myself--that I had promised them - I would reach Washington in sixty days, and that they should - have return despatches from the government in 120 days. I had - performed so much of the journey in the appointed time, and in - doing so had already worn out and killed thirty-four mules--that - Stockton and Fremont had given me letters of credit to persons - on the way to furnish me with all the animals I needed, and all - the supplies to make the trip to Washington and back in 120 - days; and that I was pledged to them, and could not disappoint - them; and besides, that I was under more obligations to Colonel - Fremont than to any other man alive. General Kearney would - not hear of any such thing as my going on. He told me he was - a friend to Colonel Fremont and Colonel Benton, and all the - family, and would send on the despatches by Mr. Fitzpatrick, who - had been with Colonel Fremont in his exploring party, and was a - good friend to him, and would take the despatches through, and - bring back despatches as quick as I could. When he could not - persuade me to turn back, he then told me that he had a right to - make me go with him, and insisted on his right; and I did not - consent to turn back till he had made me believe that he had a - right to order me; and then, as Mr. Fitzpatrick was going on - with the despatches and General Kearney seemed to be such a good - friend of the colonel's, I let him take me back; and I guided - him through, but went with great hesitation, and had prepared - every thing to escape the night before they started, and made - known my intention to Maxwell, who urged me not to do so. More - than twenty times on the road, General Kearney told me about his - being a friend of Colonel Benton and Colonel Fremont, and all - their family, and that he intended to make Colonel Fremont the - governor of California; and all this of his own accord, as we - were travelling along, or in camp, and without my saying a word - to him about it. I say, more than twenty times, for I cannot - remember how many times, it was such a common thing for him to - talk about it." - -Such was the statement of Mr. Carson, made to Senator Benton; and -who, although rejected for a lieutenancy in the United States -army because he did not enter it through the gate of the military -academy, is a man whose word will stand wherever he is known, and -who is at the head, as a guide, of the principal military successes -in New Mexico. But why back his word? The very despatches he was -carrying conveyed to the government the same information that he -gave to General Kearney, to wit, that California was conquered -and Fremont to be governor. That information was communicated to -Congress by the President, and also sworn to by Commodore Stockton -before the court-martial: but without any effect upon the majority -of the members. - -Colonel Fremont was found guilty of all the charges, and all the -specifications; and in the secrecy which hides the proceedings -of courts-martial, it cannot be told how, or whether the members -divided in their opinions; but circumstances always leak out to -authorize the formation of an opinion, and according to these -leakings, on this occasion four members of the court were against -the conviction: to wit, Brigadier-general Brooke, President; -Lieutenant-colonel Hunt; Lieutenant-colonel Taylor, brother of -the afterwards President; and Major Baker, of the Ordnance. The -proceedings required to be approved, or disapproved, by the -President; and he, although no military man, was a rational man, -and common reason told him there was no mutiny in the case. He -therefore disapproved that finding, and approved the rest, saying: - - "Upon an inspection of the record, I am not satisfied that the - facts proved in this case constitute the military crime of - 'mutiny.' I am of opinion that the second and third charges - are sustained by the proof, and that the conviction upon these - charges warrants the sentence of the court. The sentence of - the court is therefore approved; but in consideration of the - peculiar circumstances of the case--of the previous meritorious - and valuable services of Lieutenant-colonel Fremont, and of the - foregoing recommendation of a majority of the court, to the - clemency of the President, the sentence of dismissal from the - service is remitted. Lieutenant-col. Fremont will accordingly - be released from arrest, will resume his sword, and report for - duty." (Dated, February 17, 1848.) - -Upon the instant of receiving this order, Fremont addressed to the -adjutant-general this note: - - "I have this moment received the general order, No. 7 (dated - the 17th instant), making known to me the final proceedings of - the general court-martial before which I have been tried; and - hereby send in my resignation of lieutenant-colonel in the army - of the United States. In doing this I take the occasion to say, - that my reason for resigning is, that I do not feel conscious of - having done any thing to deserve the finding of the court; and, - this being the case, I cannot, by accepting the clemency of the - President, admit the justice of the decision against me." - -General Kearney had two misfortunes in this court-martial affair: -he had to appear as prosecutor of charges which he swore before the -court were not his: and he had been attended by West Point officers -envious and jealous of Fremont, and the clandestine sources of -poisonous publications against him, which inflamed animosities, and -left the heats which they engendered to settle upon the head of -General Kearney. Major Cooke and Lieutenant Emory were the chief -springs of these publications, and as such were questioned before -the court, but shielded from open detection by the secret decisions -of the majority of the members. - -The secret proceedings of courts-martial are out of harmony with the -progress of the age. Such proceedings should be as open and public -as any other, and all parties left to the responsibility which -publicity involves. - - - - -CHAPTER CLXXVII. - -FREMONT'S FOURTH EXPEDITION, AND GREAT DISASTER IN THE SNOWS AT THE -HEAD OF THE RIO GRANDE DEL NORTE: SUBSEQUENT DISCOVERY OF THE PASS -HE SOUGHT. - - -No sooner freed from the army, than Fremont set out upon a fourth -expedition to the western slope of our continent, now entirely at -his own expense, and to be conducted during the winter, and upon -a new line of exploration. His views were practical as well as -scientific, and tending to the establishment of a railroad to the -Pacific, as well as the enlargement of geographical knowledge. He -took the winter for his time, as that was the season in which to see -all the disadvantages of his route; and the head of the Rio Grande -del Norte for his line, as it was the line of the centre, and one -not yet explored, and always embraced in his plan of discovery. The -mountain men had informed him that there was a good pass at the head -of the Del Norte. Besides other dangers and hardships, he had the -war ground of the Utahs, Apaches, Navahoes, and other formidable -tribes to pass through, then all engaged in hostilities with the -United States, and ready to prey upon any party of whites; but 33 -of his old companions, 120 picked mules, fine rifles--experience, -vigilance and courage--were his reliance; and a trusted security -against all evil. Arrived at the _Pueblos_ on the Upper Arkansas, -the last of November, at the base of the first sierra to be crossed, -luminous with snow and stern in their dominating look, he dismounted -his whole company, took to their feet, and wading waist-deep in the -vast unbroken snow field, arrived on the other side in the beautiful -valley of San Luis; but still on the eastern side of the great -mountain chain which divided the waters which ran east and west to -the rising and the setting sun. At the head of that valley was the -pass, described to him by the old hunters. With his glasses he could -see the depression in the mountain which marked its place. He had -taken a local guide from the Pueblo San Carlos to lead him to that -pass. But this precaution for safety was the passport to disaster. -He was behind, with his faithful draughtsman, Preuss, when he saw -his guide leading off the company towards a mass of mountains to -the left: he rode up and stopped them, remonstrated with the guide -for two hours; and then yielded to his positive assertion that the -pass was there. The company entered a tortuous gorge, following a -valley through which ran a head stream of the great river Del Norte. -Finally they came to where the ascent was to begin, and the summit -range crossed. The snow was deep, the cold intense, the acclivity -steep, and the huge rocks projecting. The ascent was commenced in -the morning, struggled with during the day, an elevation reached -at which vegetation (wood) ceased, and the summit in view, when, -buried in snow, exhausted with fatigue, freezing with cold, and -incapable of further exertion, the order was given to fall back to -the line of vegetation where wood would afford fire and shelter for -the night. With great care the animals were saved from freezing, -and at the first dawn of day the camp, after a daybreak breakfast, -were in motion for the ascent. Precautions had been taken to make -it more practicable. Mauls, prepared during the night, were carried -by the foremost division to beat down a road in the snow. Men went -forward by relieves. Mules and baggage followed in long single -file in the track made in the snow. The mountain was scaled: the -region of perpetual congelation was entered. It was the winter -solstice, and at a place where the summer solstice brought no life -to vegetation--no thaw to congelation. The summit of the sierra was -bare of every thing but snow, ice and rocks. It was no place to -halt. Pushing down the side of the mountain to reach the wood three -miles distant, a new and awful danger presented itself: a snow storm -raging, the freezing winds beating upon the exposed caravan, the -snow become too deep for the mules to move in, and the cold beyond -the endurance of animal life. The one hundred and twenty mules, -huddling together from an instinct of self-preservation from each -other's heat and shelter, froze stiff as they stood, and fell over -like blocks, to become hillocks of snow. Leaving all behind, and the -men's lives only to be saved, the discomfited and freezing party -scrambled back, recrossing the summit, and finding under the lee of -the mountain some shelter from the driving storm, and in the wood -that was reached the means of making fires. - -The men's lives were now saved, but destitute of every thing, only -a remnant of provisions, and not even the resource of the dead -mules which were on the other side of the summit; and the distance -computed at ten days of their travel to the nearest New Mexican -settlement. The guide, and three picked men, were despatched thither -for some supplies, and twenty days fixed for their return. When -they had been gone sixteen days, Fremont, preyed upon by anxiety -and misgiving, set off after them, on foot, snow to the waist, -blankets and some morsels of food on the back: the brave Godey, -his draughtsman Preuss, and a faithful servant, his only company. -When out six days he came upon the camp of his guide, stationary -and apparently without plan or object, and the men haggard, wild -and emaciated. Not seeing King, the principal one of the company, -and on whom he relied, he asked for him. They pointed to an older -camp, a little way off. Going there he found the man dead, and -partly devoured. He had died of exhaustion, of fatigue, and his -comrades fed upon him. Gathering up these three survivors, Fremont -resumed his journey, and had not gone far before he fell on signs -of Indians--two lodges, implying 15 or 20 men, and some 40 or 50 -horses--all recently passed along. At another time this would have -been an alarm, one of his fears being that of falling in with a war -party. He knew not what Indians they were, but all were hostile in -that quarter, and evasion the only security against them. To avoid -their course was his obvious resource: on the contrary, he followed -it! for such was the desperation of his situation that even a change -of danger had an attraction. Pursuing the trail down the Del Norte, -then frozen solid over, and near the place where Pike encamped -in the winter of 1807-'8, they saw an Indian behind his party, -stopped to get water from an air hole. He was cautiously approached, -circumvented, and taken. Fremont told his name: the young man, for -he was quite young, started, and asked him if he was the Fremont -that had exchanged presents with the chief of the Utahs at Las Vegas -de Santa Clara three years before? He was answered, yes. Then, said -the young man, we are friends: that chief was my father, and I -remember you. The incident was romantic, but it did not stop there. -Though on a war inroad upon the frontiers of New Mexico, the young -chief became his guide, let him have four horses, conducted him to -the neighborhood of the settlements, and then took his leave, to -resume his scheme of depredation upon the frontier. - -Fremont's party reached Taos, was sheltered in the house of his -old friend Carson--obtained the supplies needed--sent them back -by the brave Godey, who was in time to save two-thirds of the -party, finding the other third dead along the road, scattered at -intervals as each had sunk exhausted and frozen, or half burnt in -the fire which had been kindled for them to die by. The survivors -were brought in by Godey, some crippled with frozen feet. Fremont -found himself in a situation which tries the soul--which makes the -issue between despair and heroism--and leaves no alternative but to -sink under fate, or to rise above it. His whole outfit was gone: -his valiant mountain men were one-third dead, many crippled: he was -penniless, and in a strange place. He resolved to go forward--_nulla -vestigia retrorsum_: to raise another outfit, and turn the mountains -by the Gila. In a few days it was all done--men, horses, arms, -provisions--all acquired; and the expedition resumed. But it was -no longer the tried band of mountain men on whose vigilance, skill -and courage he could rely to make their way through hostile tribes. -They were new men, and to avoid danger, not to overcome it, was his -resource. The Navahoes and Apaches had to be passed, and eluded--a -thing difficult to be done, as his party of thirty men and double -as many horses would make a trail, easy to be followed in the snow, -though not deep. He took an unfrequented course, and relied upon -the secrecy and celerity of his movements. The fourth night on the -dangerous ground the horses, picketed without the camp, gave signs -of alarm: they were brought within the square of fires, and the men -put on the alert. Daybreak came without visible danger. The camp -moved off: a man lagged a little behind, contrary to injunctions: -the crack of some rifles sent him running up. It was then clear that -they were discovered, and a party hovering round them. Two Indians -were seen ahead: they might be a decoy, or a watch, to keep the -party in view until the neighboring warriors could come in. Evasion -was no longer possible: fighting was out of the question, for the -whole hostile country was ahead, and narrow defiles to be passed -in the mountains. All depended upon the address of the commander. -Relying upon his ascendant over the savage mind, Fremont took his -interpreter, and went to the two Indians. Godey said he should not -go alone, and followed. Approaching them, a deep ravine was seen -between. The Indians beckoned him to go round by the head of the -ravine, evidently to place that obstacle between him and his men. -Symptoms of fear or distrust would mar his scheme: so he went boldly -round, accosted them confidently, and told his name. They had never -heard it. He told them they ought to be ashamed, not to know their -best friend; inquired for their tribe, which he wished to see: and -took the whole air of confidence and friendship. He saw they were -staggered. He then invited them to go to his camp where the men -had halted, and take breakfast with him. They said that might be -dangerous--that they had shot at one of his men that morning, and -might have killed him, and now be punished for it. He ridiculed the -idea of their hurting his men, charmed them into the camp, where -they ate, and smoked, and told their secret, and became messengers -to lead their tribe in one direction, while Fremont and his men -escaped by another; and the whole expedition went through without -loss, and without molestation. A subsequent winter expedition -completed the design of this one, so disastrously frustrated -by the mistake of a guide. Fremont went out again upon his own -expense--went to the spot where the guide had gone astray--followed -the course described by the mountain men--and found safe and easy -passes all the way to California, through a good country, and -upon the straight line of 38 and 39 degrees. It is the route for -the Central Pacific Railroad, which the structure of the country -invites, and every national consideration demands. - - - - -CHAPTER CLXXVIII. - -PRESIDENTIAL ELECTION. - - -Party conventions for the nomination of presidential candidates, -had now become an institution, and a power in the government; and, -so far as the party was concerned, the nomination was the election. -No experience of the evils of this new power had yet checked its -sway, and all parties (for three of them now appeared in the -political field) went into that mode of determining the election -for themselves. The democratic convention met, as heretofore, at -Baltimore, in the month of May, and was numerously attended by -members of Congress, and persons holding office under the federal -government, who would be excluded by the constitution from the place -of electors, but who became more than electors, having virtually -supreme power over the selection of the President, as well as his -election, so far as the party was concerned. The two-thirds rule was -adopted, and that put the nomination in the hands of the minority, -and of the trained intriguers. Every State was to be allowed to give -the whole number of its electoral votes, although it was well known, -now as heretofore, that there were many of them which could not give -a democratic electoral vote at the election. The State of New York -was excluded from voting. Two sets of delegates appeared from that -State, each claiming to represent the true democracy: the convention -settled the question by excluding both sets: and in that exclusion -all the States which were confessedly unable to give a democratic -vote, were allowed to vote; and most of them voted for the -exclusion. Massachusetts, which had never given a democratic vote, -now gave twelve votes; and they were for the exclusion of New York, -which had voted democratically since the time of Mr. Jefferson; and -whose vote often decided the fate of the election. The vote for the -exclusion was 157 to 95: and in this collateral vote, as well as -in the main one, the delegates generally voted according to their -own will, without any regard to the people; and that _will_, with -the most active and managing, was simply to produce a nomination -which would be most favorable to themselves in the presidential -distribution of offices. After four days work a nomination was -produced. Mr. Lewis Cass, of Michigan, for President: General Wm. -O. Butler, of Kentucky, for Vice-President. The construction of -the platform, or party political creed for the campaign, was next -entered upon, and one was produced, interminably long, and long -since forgotten. The value of all such constructions may be seen -in comparing what was then adopted, or rejected as political test, -with what has since been equally rejected or adopted for the same -purpose. For example: the principle of squatter sovereignty, that is -to say, the right of the inhabitants of the _territories_ to decide -the question of slavery for themselves, was then repudiated, and by -a vote virtually unanimous: it is since adopted by a vote equally -unanimous. Mr. Yancy, of Alabama, submitted this resolution, as an -article of democratic faith to be inserted in the creed; to wit: -"_That the doctrine of non-interference with the rights of property -of any portion of this confederation, be it in the States or in the -Territories, by any other than the parties interested in them, is -the true republican doctrine recognized by this body._" This article -of faith was rejected; 246 against 36: so that, up to the month of -May, in the year 1848, squatter sovereignty, or the right of the -inhabitants of a _territory_ to determine the question of slavery -for themselves, was rejected and ignored by the democratic party. - -The whig nominating convention met in Philadelphia, in the month of -June, and selected General Zachary Taylor, and Millard Fillmore, -Esq., for their candidates. On their first balloting, the finally -successful candidates lacked much of having the requisite number -of votes, there being 22 for Mr. Webster, 43 for General Scott, -97 for Mr. Clay, and 111 for General Taylor. Eventually General -Taylor received the requisite majority, 171--making his gains -from the friends of Mr. Clay, whose vote was reduced to 32. The -nomination of General Taylor was avowedly made on the calculation of -availability--setting aside both Mr. Clay and Mr. Webster, in favor -of the military popularity of Buena Vista, Monterey, Palo Alto, and -Resaca de la Palma. In one respect the whig convention was more -democratic than that of the democracy: it acted on the principle of -the majority to govern. - -But there was a third convention, growing out of the rejection of -the Van Buren democratic delegates at the Baltimore democratic -convention--for the exclusion, though ostensibly against both, -was in reality to get rid of them--which met first at Utica, and -afterwards at Buffalo, in the State of New York, and nominated Mr. -Van Buren for President, and Mr. Charles Francis Adams (son of the -late John Quincy Adams), for Vice-President. This convention also -erected its platform, its distinctive feature being an opposition -to slave institutions, and a desire to abolish, or restrain slavery -wherever it constitutionally could be done. Three principles were -laid down: First, That it was the duty of the federal government -to abolish slavery wherever it could constitutionally be done. -Second, That the States within which slavery existed had the sole -right to interfere with it. Thirdly, That Congress alone can prevent -the existence of slavery in the territories. By the first of these -principles it would be the duty of Congress to abolish slavery in -the District of Columbia; by the second, to let it alone in the -States; by the third, to restrain and prevent it in the territories -then free; the dogma of squatter sovereignty being abjured by this -latter principle. The watchwords of the party, to be inscribed -on their banner, were: "_Free soil_"--"_Free speech_"--"_Free -labor_"--"_Free men_"--from which they incurred the appellation -of Free-soilers. It was an organization entirely to be regretted. -Its aspect was sectional--its foundation a single idea--and its -tendency, to merge political principles in a slavery contention. The -Baltimore democratic convention had been dominated by the slavery -question, but on the other side of that question, and not openly and -professedly: but here was an organization resting prominently on -the slavery basis. And deeming all such organization, no matter on -which side of the question, as fraught with evil to the Union, this -writer, on the urgent request of some of his political associates, -went to New York, to interpose his friendly offices to get the -Free-soil organization abandoned. The visit was between the two -conventions, and before the nominations and proceedings had become -final: but in vain. Mr. Van Buren accepted the nomination, and in -so doing, placed himself in opposition to the general tenor of his -political conduct in relation to slavery, and especially in what -relates to its existence in the District of Columbia. I deemed this -acceptance unfortunate to a degree far beyond its influence upon -persons or parties. It went to impair confidence between the North -and the South, and to narrow down the basis of party organization -to a single idea; and that idea not known to our ancestors as an -element in political organizations. The Free-soil plea was, that -the Baltimore democratic convention had done the same; but the -answer to that was, that it was a general convention from all the -States, and did not make its slavery principles the open test of the -election, while this was a segment of the party, and openly rested -on that ground. Mr. Van Buren himself was much opposed to his own -nomination. In his letter to the Buffalo convention he said: "_You -all know, from my letter to the Utica convention, and the confidence -you repose in my sincerity, how greatly the proceedings of that -body, in relation to myself, were opposed to my earnest wishes._" -Yet he accepted a nomination made against his earnest wishes; and -although another would have been nominated if he had refused, yet -no other nomination could have given such emphasis to the character -of the convention, and done as much harm. Senator Henry Dodge, -of Wisconsin, had first been proposed for Vice-President; but, -although opposed to the extension of slavery, he could not concur -in the Buffalo platform; and declined the nomination. Of the three -parties, the whig party, so far as slavery was concerned, acted most -nationally; they ignored the subject, and made their nomination on -the platform of the constitution, the country, and the character of -their candidate. - -The issue of the election did not disappoint public expectation. The -State of New York could not be spared by the democratic candidate, -and it was quite sure that the division of the party there would -deprive Mr. Cass of the vote of that State. It did so: and these 36 -votes, making a difference of 72, decided the election. The vote was -163 against 127, being the same for the vice-presidential candidates -as for their principals. The States voting for General Taylor, were: -Massachusetts, 12; Rhode Island 4; Connecticut, 6; Vermont, 7; New -York, 36; New Jersey, 7; Pennsylvania, 26; Delaware, 3; Maryland, -8; North Carolina, 11; Georgia, 10; Kentucky, 12; Tennessee, 13; -Louisiana, 6; Florida, 3. Those voting for Mr. Cass, were: Maine, -9; New Hampshire, 6; Virginia, 17; South Carolina, 9; Ohio, 23; -Mississippi, 6; Indiana, 12; Illinois, 9; Alabama, 9; Missouri, -7; Arkansas, 3; Michigan, 5; Texas, 4; Iowa, 4; Wisconsin, 4. The -Free-soil candidates received not a single electoral vote. - -The result of the election was not without its moral, and its -instruction. All the long intrigues to govern it, had miscarried. -None of the architects of annexation, or of war, were elected. -A victorious general overshadowed them all; and those who had -considered Texas their own game, and made it the staple of incessant -plots for five years, saw themselves shut out from that presidency -which it had been the object of so many intrigues to gain. Even the -slavery agitation failed to govern the election; and a soldier was -elected, unknown to political machinations, and who had never even -voted at an election. - - - - -CHAPTER CLXXIX. - -LAST MESSAGE OF MR. POLK. - - -The message opened with an encomium on the conquest of Mexico, and -of the citizen soldiers who volunteered in such numbers for the -service, and fought with such skill and courage--saying justly: - - "Unlike what would have occurred in any other country, we were - under no necessity of resorting to draughts or conscriptions. - On the contrary, such was the number of volunteers who - patriotically tendered their services, that the chief difficulty - was in making selections, and determining who should be - disappointed and compelled to remain at home. Our citizen - soldiers are unlike those drawn from the population of any other - country. They are composed indiscriminately of all professions - and pursuits: of farmers, lawyers, physicians, merchants, - manufacturers, mechanics, and laborers; and this, not only - among the officers, but the private soldiers in the ranks. Our - citizen soldiers are unlike those of any other country in other - respects. They are armed, and have been accustomed from their - youth up to handle and use fire-arms; and a large proportion of - them, especially in the western and more newly settled States, - are expert marksmen. They are men who have a reputation to - maintain at home by their good conduct in the field. They are - intelligent, and there is an individuality of character which - is found in the ranks of no other army. In battle, each private - man, as well as every officer, fights not only for his country, - but for glory and distinction among his fellow-citizens when he - shall return to civil life." - -And this was the case in a foreign war, in which a march of two -thousand miles had to be accomplished before the foe could be -reached: how much more so will it be in defensive war--war to -defend our own borders--the only kind in which the United States -should ever be engaged. That is the kind of war to bring out all -the strength and energy of volunteer forces; and the United States -have arrived at the point to have the use of that force with a -promptitude, a cheapness, and an efficiency, never known before, -nor even conceived of by the greatest masters of the art of war. -The electric telegraph to summon the patriotic host: the steam -car to precipitate them on the point of defence. The whole art of -defensive war, in the present condition of the United States, and -still more, what it is hereafter to be, is simplified into two -principles--accumulation of masses, and the system of incessant -attacks. Upon these two principles the largest invading force would -be destroyed--shot like pigeons on their roost--by the volunteers -and their rifles, before the lumbering machinery of a scientific -army could be got into motion. - -The large acquisition of new territory was fiercely lighting up -the fires of a slavery controversy, and Mr. Polk recommended the -extension of the Missouri compromise line to the Pacific Ocean, as -the most effectual and easy method of averting the dangers to the -Union, which he saw in that question. He said: - - "Upon a great emergency, however, and under menacing dangers to - the Union, the Missouri compromise line in respect to slavery - was adopted. The same line was extended further west on the - acquisition of Texas. After an acquiescence of nearly thirty - years in the principle of compromise recognized and established - by these acts, and to avoid the danger to the Union which might - follow if it were now disregarded, I have heretofore expressed - the opinion that that line of compromise should be extended - on the parallel of thirty-six degrees thirty minutes from the - western boundary of Texas, where it now terminates, to the - Pacific Ocean. This is the middle line of compromise, upon which - the different sections of the Union may meet, as they have - hitherto met." - -This was the compromise proposition of the President, but there -were arrayed against it parties and principles which repelled its -adoption. First, the large party which denied the power of Congress -to legislate upon the subject of slavery in territories. Some of -that class of politicians, and they were numerous and ardent, -though of recent conception, were, from the necessity of their -position, compelled to oppose a proposition which involved, to the -greatest extent, the exercise of that denied power. Next, the class -who believed in the still newer doctrine of the self-extension of -slavery into all the territories, by the self-expansion of the -constitution over them. This class would have nothing to do with any -law upon the subject--equally repulsing congressional legislation, -squatter sovereignty, or territorial law. A third class objected -to the extension of the Missouri compromise line, because in its -extension that line, astronomically the same, became politically -different. In all its original extent it passed through territory -all slave, and therefore made one side free: in its extension it -would pass through territory all free, and therefore make one -side slave. This was the reverse of the principle of the previous -compromises, and although equal on its face, and to shallow -observers the same law, yet the transfer and planting of slavery -in regions where it did not exist, involved a breach of principle, -and a shock of feeling, in those conscientiously opposed to the -extension of slavery, which it was impossible for them to incur. -Finally, those who wanted no compromise--no peace--no rest on the -slavery question: These were of two classes; first, mere political -demagogues on each side of the agitation, who wished to keep -the question alive for their own political elevation; next, the -abolitionists, who denied the right of property in slaves, and were -ready to dissolve the Union to get rid of association with slave -States; and the nullifiers, who wished to dissolve the Union, and -who considered the slavery question the efficient means of doing it. -Among all these parties, the extension of the Missouri compromise -line became an impossibility. - -The state of the finances, and of the expenditures of the government -for the last year of the war, and the first year of peace, was -concisely stated by the President, and deserves to be known and -considered by all who would study that part of the working of our -government. Of the first period it says: - - "The expenditures for the same period, including the necessary - payment on account of the principal and interest of the public - debt, and the principal and interest of the first instalment due - to Mexico on the thirtieth of May next, and other expenditures - growing out of the war, to be paid during the present year, will - amount, including the reimbursement of treasury notes, to the - sum of fifty-four millions one hundred and ninety-five thousand - two hundred and seventy-five dollars and six cents; leaving an - estimated balance in the Treasury on the first of July, 1849, of - two millions eight hundred and fifty-three thousand six hundred - and ninety-four dollars and eighty-four cents." - -Deducting the three heads of expense here mentioned, and the -expenses for the year ending the 30th of June, 1848, were about -twenty-five millions of dollars, and about the same sum was -estimated to be sufficient for the first fiscal year of entire -peace, ending the 30th of June, 1849. Thus: - - "The Secretary of the Treasury will present, as required by - law, the estimate of the receipts and expenditures for the next - fiscal year. The expenditures, as estimated for that year, are - thirty-three millions two hundred and thirteen thousand one - hundred and fifty-two dollars and seventy-three cents, including - three millions seven hundred and ninety-nine thousand one - hundred and two dollars and eighteen cents, for the interest - on the public debt, and three millions five hundred and forty - thousand dollars for the principal and interest due to Mexico - on the thirtieth of May, 1850; leaving the sum of twenty-five - millions eight hundred and seventy-four thousand and fifty - dollars and thirty-five cents; which, it is believed, will be - ample for the ordinary peace expenditures." - -About 25 millions of dollars for the future expenditures of the -government: and this the estimate and expenditure only seven years -ago. Now, three times that amount, and increasing with frightful -rapidity. - - - - -CHAPTER CLXXX. - -FINANCIAL WORKING OF THE GOVERNMENT UNDER THE HARD MONEY SYSTEM. - - -The war of words was over: the test of experiment had come: and the -long contest between the hard money and the paper money advocates -ceased to rage. The issue of the war with Mexico was as disastrous -to the paper money party, as it was to the Mexicans themselves. The -capital was taken in each case, and the vanquished submitted in -quiet in each case. The virtue of a gold and silver currency had -shown itself in its good effects upon every branch of business--upon -the entire pursuits of human industry, and above all, in assuring to -the working man a solid compensation, instead of a delusive cheat -for his day's labor. Its triumph was complete: but that triumph was -limited to a home experiment in time of peace. War, and especially -war to be carried on abroad, is the great test of currency; and -the Mexican war was to subject the restored golden currency of -the United States to that supreme test: and here the paper money -party--the national bank sound-currency party--felt sure of the -victory. The first national bank had been established upon the war -argument presented by General Hamilton to President Washington: -the second national bank was born of the war of 1812: and the war -with Mexico was confidently looked to as the trial which was to -show inadequacy of the hard money currency to its exigencies, and -the necessity of establishing a national paper currency. Those who -had asserted the inadequacy of all the gold and silver in the world -to do the business of the United States, were quite sure of the -insufficiency of the precious metals to carry on a foreign war in -addition to all domestic transactions. The war came: its demands -upon the solid currency were not felt in its diminution at home. -Government bills were above par! and every loan taken at a premium! -and only obtained upon a hard competition! How different from any -thing which had ever been seen in our country, or in almost any -country before. The last loan authorized (winter of '47-'48) of -sixteen millions, brought a premium of about five hundred thousand -dollars; and one-half of the bidders were disappointed and chagrined -because they could get no part of it. Compare this financial result -to that of the war of 1812, during which the federal government was -a mendicant for loans, and paid or suffered a loss of forty-six -millions of dollars to obtain them, and the virtue of the gold -currency will stand vindicated upon the test of war, and foreign -war, as well as upon the test of home transactions. The war was -conducted upon the hard money basis, and found the basis to be as -ample as solid. Payments were regular and real: and, at the return -of peace, every public security was above par, the national coffers -full of gold; and the government having the money on hand, and -anxious to pay its loans before they were due, could only obtain -that privilege by paying a premium upon it, sometimes as high as -twenty per centum--thus actually giving one dollar upon every five -for the five before it was due. And this, more or less, on all the -loans, according to the length of time they had yet to run. And this -is the crown and seal upon the triumph of the gold currency. - - - - -CHAPTER CLXXXI. - -COAST SURVEY: BELONGS TO THE NAVY: CONVERTED INTO A SEPARATE -DEPARTMENT: EXPENSE AND INTERMINABILITY: SHOULD BE DONE BY THE NAVY, -AS IN GREAT BRITAIN: MR. BENTONS SPEECH: EXTRACT. - - -MR. BENTON. My object, Mr. President, is to return the coast survey -to what the law directed it to be, and to confine its execution, -after the 30th of June next, to the Navy Department. We have now, -both by law and in fact, a bureau for the purpose--that of Ordnance -and Hydrography--and to the hydrographical section of this bureau -properly belongs the execution of the coast survey. It is the very -business of hydrography; and in Great Britain, from whom we borrow -the idea of this bureau, the hydrographer, always a naval officer, -and operating wholly with naval forces, is charged with the whole -business of the coast survey of that great empire. One hydrographer -and with only ten vessels until lately, conducts the whole survey -of coasts under the laws of that empire--surveys not confined to the -British Isles, but to the British possessions in the four quarters -of the globe--and not merely to their own possessions, but to the -coasts of all countries with which they have commerce, or expect -war, and of which they have not reliable charts--even to China and -the Island of Borneo. Rear Admiral Beaufort is now the hydrographer, -and has been for twenty years; and he has no civil astronomer to -do the work for him, or any civil superintendent to overlook and -direct him. But he has somebody to overlook him, and those who -know what they are about--namely, the Lords of the Admiralty--and -something more besides--namely, the House of Commons, through its -select committees--and by which the whole work of this hydrographer -is most carefully overlooked, and every survey brought to the test -of law and expediency in its inception, and of economy and speed in -its execution. I have now before me one of the examinations of this -hydrographer before a select committee of the House of Commons, made -only last year, and which shows that the British House of Commons -holds its hydrographer to the track of the law--confines him to his -proper business--and that proper business is precisely the work -which is required by our acts of 1807 and 1832. Here is the volume -which contains, among other things, the examination of Rear Admiral -Beaufort [showing a huge folio of more than a thousand pages]. I -do not mean to read it. I merely produce it to show that, in Great -Britain, the hydrographer, a naval officer, is charged with the -whole business of the coast survey, and executes it exclusively -with the men and ships of the navy; and having produced it for this -purpose, I read a single question from it, not for the sake of the -answer, but for the sake of the facts in the question. It relates to -the number of assistants retained by the rear admiral, and the late -increase in their number. The question is in these words: - - "In 1834 and 1835 you had three assistants--one at three pounds - a week, and two at two guineas a week; now you have five - assistants--one at four pounds a week, three at three pounds, - and one at three guineas: why has this increase been made?" - -The answer was that these assistants had to live in London, where -living was dear, and that they had to do much work--for example, -had printed 61,631 charts the year before. I pass over the answer -for the sake of the question, and the facts of the question, and to -contrast them with something in our own coast survey. The question -was, why he had increased the number of the assistants from three -to five, and the compensation of the principal one from about $800 -to about $1,000, and of the others from about $600 to about $800 a -year? And turning to our Blue Book, under the head of coast survey, -I find the number of the assistants of our superintendent rather -more than three, or five, and their salaries rather more than six, -or eight, or even ten and twelve hundred dollars. They appear thus -in the official list: One assistant at $3,500 per annum; one at -$2,500; three at $2,000 each; three at $1,500 each; four at $1,300 -each; two at $1,000 each; two at $600 each; one draughtsman at -$1,500; another at $600; one computer at $1,500; two ditto at $1,000 -each; one disbursing officer at $2,000. All this in addition to -the superintendent himself at $4,500 as superintendent of coast -survey, and $1,500 as superintendent of weights and measures, with -an assistant at $2,000 to aid him in that business; with all the -paraphernalia of an office besides. I do not know what law fixes -either the number or compensation of these assistants, nor do I -know that Congress has ever troubled itself to inquire into their -existence: but if our superintendent was in England, with his long -catalogue of assistants, the question which I have read shows that -there would be an inquiry there. - -Mr. President, the cost of this coast survey has been very great, -and is becoming greater every year, and, expanding as it does, must -annually get further from its completion. The direct appropriations -out of the Treasury exceed a million and a half of dollars -(1,509,725), besides the $186,000 now in the bill which I propose to -reduce to $30,000. - -These are the direct appropriations; but they are only half, or less -than half the actual expense of this survey. The indirect expenses -are much greater than the direct appropriations; and without -pretending to know the whole extent of them, I think I can show a -table which will go as high as $210,000 for the last year. It has -been seen, that the superintendent (for I suppose that astronomer -is no longer the recognized title, although the legal one) is -authorized to get from the Treasury Department _quantum sufficit_ -of men and ships. Accordingly, for the last year the number of -vessels was thirteen--the number of men and officers five hundred -and seventy-six--and the cost of supporting the whole about $210,000 -a year; and this coming from the naval appropriations proper. - -Thus, sir, the navy does a good deal, and pays a good deal, towards -this coast survey; and my only objection is, that it does not do -the whole, and pay the whole, and get the credit due to their work, -instead of being, as they now are, unseen and unnoticed--eclipsed -and cast into the shade by the civil superintendent and his civil -assistants. - -I have shown you that, in Great Britain, the Bureau of Ordnance -and Hydrography is charged with the coast survey; we have the same -bureau, both by law and in fact; but that bureau has only a divided, -and, I believe, subordinate part of the coast survey. We have the -expense of it, and that expense should be added to the expense -of the coast survey. Great Britain has no civil superintendent -for this business. We have her law, but not her practice, and my -motion is, to come to her practice. We should save by it the whole -amount of the direct appropriations, saving and excepting the small -appropriations for the extra expense which it would bring upon the -navy. The men and officers are under pay, and would be glad to have -the work to do. Our naval establishment is now very large, and but -little to do. The ships, I suppose, are about seventy; the men and -officers some ten thousand: the expense of the whole establishment -between eight and nine millions of dollars a year. We are in a -state of profound peace, and no way to employ this large naval -force. Why not put it upon the coast survey? I know that officers -wish it--that they feel humiliated at being supposed incompetent -to it--and if found to be so, are willing to pay the penalty, by -being dismissed the service. Incompetency is the only ground upon -which a civil superintendent and a list of civil assistants can be -placed over them. And is that objection well founded? Look to Maury, -whose name is the synonym of nautical and astronomical science. Look -to that Dr. Locke, once on the medical staff of the navy, and now -pursuing a career of science in the West, from which has resulted -that discovery of the magnetic clock and telegraph register which -the coast survey now uses, and which an officer of the navy (Captain -Wilkes) was the first to apply to the purposes for which it is now -used. - -And are we to presume our naval officers incompetent to the conduct -of this coast survey, when it has produced such men as these--when -it may contain in its bosom we know not how many more such? In 1807 -we had no navy--we may say none, for it was small, and going down to -nothing. Then, it might be justifiable to employ an astronomer. In -1832, the navy had fought itself into favor; but Mr. Hassler, the -father of the coast survey, was still alive, and it was justifiable -to employ him as an astronomer. But now there is no need for a -civil astronomer, much less for a civil superintendent; and the -whole work should go to the navy. We have naval schools now for the -instruction of officers; we have officers with the laudable ambition -to instruct themselves. The American character, ardent in every -thing, is pre-eminently ardent in the pursuit of knowledge. In every -walk of life, from the highest to the lowest, from the most humble -mechanical to the highest professional employment, knowledge is a -pursuit, and a laudable object of ambition with a great number. We -are ardent in the pursuit of wealth--equally so in the pursuit of -science. The navy partakes of this laudable ambition. You will see -an immense number of the naval officers, of all ages and of all -ranks, devoting themselves, with all the ardor of young students, -for the acquisition of knowledge: and are all these--the whole naval -profession--to be told that none of them are able to conduct the -coast survey, none of them able to execute the act of 1807, none -of them able to find shoals and islands within twenty leagues of -the coast, to sound a harbor, to take the distance and bearings of -headlands and capes--and all this within sixty miles of the shore? -Are they to be told this? If they are, and it could be told with -truth, it would be time to go to reducing. But it cannot be said -with truth. The naval officers can not only execute the act of 1807 -but they can do any thing, if it was proper to do it, which the -present coast survey is engaged in over and beyond that act. They -can do any thing that the British officers can do; and the British -naval officers conduct the coast survey of that great empire. We -have many that can do any thing that Rear Admiral Beaufort can do, -and he has conducted the British coast survey for twenty years, -and has stood examinations before select committees of the British -House of Commons, which have showed that no civil superintendent was -necessary to guide him. - -Mr. President, we have a large, and almost an idle navy at present. -We have a home squadron, like the British, though we do not live -on an island, nor in times subject to a descent, like England from -Spain in the time of the Invincible Armada, or from the Baltic -in the times of Canute and Hardicanute. Our home squadron has -nothing to do, unless it can be put on the coast survey. We have -a Mediterranean squadron; but there are no longer pirates in the -Mediterranean to be kept in check. We have a Pacific squadron, and -it has no enemy to watch in the Pacific Ocean. Give these squadrons -employment--a part of them at least. Put them on the coast survey, -as many as possible, and have the work finished--finished for the -present age as well as for posterity. We have been forty years about -it; and, the way we go on, may be forty more. The present age wants -the benefit of these surveys, and let us accelerate them by turning -the navy upon them--as much of it as can be properly employed. Let -us put the whole work in the hands of the navy, and try the question -whether or not they are incompetent to it. - - - - -CHAPTER CLXXXII. - -PROPOSED EXTENSION OF THE CONSTITUTION OF THE UNITED STATES TO THE -TERRITORIES, WITH A VIEW TO MAKE IT CARRY SLAVERY INTO CALIFORNIA, -UTAH AND NEW MEXICO. - - -The treaty of peace with Mexico had been ratified in the session -of 1847-'48, and all the ceded territory became subject to our -government, and needing the immediate establishment of territorial -governments: but such were the distractions of the slavery -question, that no such governments could be formed, nor any law -of the United States extended to these newly acquired and orphan -dominions. Congress sat for six months after the treaty had been -ratified, making vain efforts to provide government for the new -territories, and adjourning without accomplishing the work. Another -session had commenced, and was coming to a close with the same -fruitless result. Bills had been introduced, but they only gave -rise to heated discussion. In the last days of the session, the -civil and diplomatic appropriation bill, commonly called the general -appropriation bill--the one which provides annually for the support -of the government, and without the passage of which the government -would stop, came up from the House to the Senate. It had received -its consideration in the Senate, and was ready to be returned to the -House, when Mr. Walker, of Wisconsin, moved to attach to it, under -the name of amendment, a section providing a temporary government -for the ceded territories, and extending an enumerated list of -acts of Congress to them. It was an unparliamentary and disorderly -proposition, the proposed amendment being incongruous to the matter -of the appropriation bill, and in plain violation of the obvious -principle which forbade extraneous matter, and especially that which -was vehemently contested, from going into a bill upon the passage of -which the existence of the government depended. The proposition met -no favor: it would have died out if the mover had not yielded to a -Southern solicitation to insert the extension of the constitution -into his amendment, so as to extend that fundamental law to those -for whom it was never made, and where it was inapplicable, and -impracticable. The novelty and strangeness of the proposition called -up Mr. Webster, who said: - - "It is of importance that we should seek to have clear ideas - and correct notions of the question which this amendment of - the member from Wisconsin has presented to us; and especially - that we should seek to get some conception of what is meant - by the proposition, in a law, to 'extend the constitution of - the United States to the territories.' Why, sir, the thing is - utterly impossible. All the legislation in the world, in this - general form, could not accomplish it. There is no cause for the - operation of the legislative power in such a manner as that. - The constitution--what is it? We extend the constitution of the - United States by law to territory! What is the constitution of - the United States? Is not its very first principle, that all - within its influence and comprehension shall be represented in - the legislature which it establishes, with not only a right - of debate and a right to vote in both Houses of Congress, - but a right to partake in the choice of the President and - Vice-President? And can we by law extend these rights, or any - of them, to a territory of the United States? Every body will - see that it is altogether impracticable. It comes to this, then, - that the constitution is to be extended as far as practicable; - but how far that is, is to be decided by the President of - the United States, and therefore he is to have absolute and - despotic power. He is the judge of what is suitable, and what - is unsuitable; and what he thinks suitable is suitable, and - what he thinks unsuitable is unsuitable. He is '_omnis in - hoc_;' and what is this but to say, in general terms, that the - President of the United States shall govern this territory as - he sees fit till Congress makes further provision. Now, if the - gentleman will be kind enough to tell me what principle of - the constitution he supposes suitable, what discrimination he - can draw between suitable and unsuitable which he proposes to - follow, I shall be instructed. Let me say, that in this general - sense there is no such thing as extending the constitution. - The constitution is extended over the United States, and over - nothing else. It cannot be extended over any thing except over - the old States and the new States that shall come in hereafter, - when they do come in. There is a want of accuracy of ideas in - this respect that is quite remarkable among eminent gentlemen, - and especially professional and judicial gentlemen. It seems - to be taken for granted that the right of trial by jury, the - _habeas corpus_, and every principle designed to protect - personal liberty, is extended by force of the constitution - itself over every new territory. That proposition cannot be - maintained at all. How do you arrive at it by any reasoning - or deduction? It can be only arrived at by the loosest of all - possible constructions. It is said that this must be so, else - the right of the _habeas corpus_ would be lost. Undoubtedly - these rights must be conferred by law before they can be enjoyed - in a territory." - -It was not Mr. Walker, of Wisconsin, the mover of the proposition, -that replied to Mr. Webster: it was the prompter of the measure that -did it, and in a way to show immediately that this extension of the -constitution to territories was nothing but a new scheme for the -extension of slavery. Denying the power of Congress to legislate -upon slavery in territories--finding slavery actually excluded from -the ceded territories, and desirous to get it there--Mr. Calhoun, -the real author of Mr. Walker's amendment, took the new conception -of carrying the constitution into them; which arriving there, and -recognizing slavery, and being the supreme law of the land, it would -over-ride the anti-slavery laws of the territory, and plant the -institution of slavery under its AEgis, and above the reach of any -territorial law, or law of Congress to abolish it. He, therefore, -came to the defence of his own proposition, and thus replied to Mr. -Webster: - - "I rise, not to detain the Senate to any considerable extent, - but to make a few remarks upon the proposition first advanced - by the senator from New Jersey, fully endorsed by the senator - from New Hampshire, and partly endorsed by the senator from - Massachusetts, that the constitution of the United States - does not extend to the territories. That is the point. I am - very happy, sir, to hear this proposition thus asserted, - for it will have the effect of narrowing very greatly the - controversy between the North and the South as it regards the - slavery question in connection with the territories. It is an - implied admission on the part of those gentlemen, that, if - the constitution does extend to the territories, the South - will be protected in the enjoyment of its property--that it - will be under the shield of the constitution. You can put no - other interpretation upon the proposition which the gentlemen - have made, than that the constitution does not extend to the - territories. Then the simple question is, does the constitution - extend to the territories, or does it not extend to them? Why, - the constitution interprets itself. It pronounces itself to be - the supreme law of the land." - -When Mr. Webster heard this syllogistic assertion, that the -constitution being the supreme law of the land, and the territories -being a part of the land, _ergo_ the constitution being extended to -them would be their supreme law: when he heard this, he called out -from his seat--"_What land?_" Mr. Calhoun replied, saying: - - "The land; the territories of the United States are a part - of the land. It is the supreme law, not within the limits - of the States of this Union merely, but wherever our flag - waves--wherever our authority goes, the constitution in - part goes, not all its provisions certainly, but all its - suitable provisions. Why, can we have any authority beyond the - constitution? I put the question solemnly to gentlemen; if the - constitution does not go there, how are we to have any authority - or jurisdiction whatever? Is not Congress the creature of the - constitution; does it not hold its existence upon the tenure - of the continuance of the constitution; and would it not be - annihilated upon the destruction of that instrument, and the - consequent dissolution of this confederacy? And shall we, the - creature of the constitution, pretend that we have any authority - beyond the reach of the constitution? Sir, we were told, a few - days since, that the courts of the United States had made a - decision that the constitution did not extend to the territories - without an act of Congress. I confess that I was incredulous, - and am still incredulous that any tribunal, pretending to have - a knowledge of our system of government, as the courts of the - United States ought to have, could have pronounced such a - monstrous judgment. I am inclined to think that it is an error - which has been unjustly attributed to them; but if they have - made such a decision as that, I for one say, that it ought not - and never can be respected. The territories belong to us; they - are ours; that is to say, they are the property of the thirty - States of the Union; and we, as the representatives of those - thirty States, have the right to exercise all that authority and - jurisdiction which ownership carries with it." - -Mr. Webster replied, with showing that the constitution was made -for States, not territories--that no part of it went to a territory -unless specifically extended to it by act of Congress--that the -territories from first to last were governed as Congress chose to -govern them, independently of the constitution and often contrary -to it, as in denying them representatives in Congress, a vote -for President and Vice-President, the protection of the Supreme -Court--that Congress was constantly doing things in the territories -without constitutional objection (as making mere local roads and -bridges) which could not be attempted in a State. He argued: - - "The constitution as the gentleman contends, extends over the - territories. How does it get there? I am surprised to hear a - gentleman so distinguished as a strict constructionist affirming - that the constitution of the United States extends to the - territories, without, showing us any clause in the constitution - in any way leading to that result; and to hear the gentleman - maintaining that position without showing us any way in which - such a result could be inferred, increases my surprise. - - "One idea further upon this branch of the subject. The - constitution of the United States extending over the - territories, and no other law existing there! Why, I beg to know - how any government could proceed, without any other authority - existing there than such as is created by the constitution of - the United States? Does the constitution of the United States - settle titles to land? Does it regulate the rights of property? - Does it fix the relations of parent and child, guardian and - ward? The constitution of the United States establishes what - the gentleman calls a confederation for certain great purposes, - leaving all the great mass of laws which is to govern society - to derive their existence from State enactments. That is the - just view of the state of things under the constitution. And - a State or territory that has no law but such as it derives - from the constitution of the United States, must be entirely - without any State or territorial government. The honorable - senator from South Carolina, conversant with the subject as he - must be, from his long experience in different branches of the - government, must know that the Congress of the United States - have established principles in regard to the territories that - are utterly repugnant to the constitution. The constitution - of the United States has provided for them an independent - judiciary; for the judge of every court of the United States - holds his office upon the tenure of good behavior. Will the - gentleman say that in any court established in the territories - the judge holds his office in that way? He holds it for a term - of years, and is removable at Executive discretion. How did we - govern Louisiana before it was a State? Did the writ of _habeas - corpus_ exist in Louisiana during its territorial existence? - Or the right to trial by jury? Who ever heard of trial by jury - there before the law creating the territorial government gave - the right to trial by jury? No one. And I do not believe that - there is any new light now to be thrown upon the history of the - proceedings of this government in relation to that matter. When - new territory has been acquired it has always been subject to - the laws of Congress, to such laws as Congress thought proper to - pass for its immediate government, for its government during its - territorial existence, during the preparatory state in which it - was to remain until it was ready to come into the Union as one - of the family of States." - -All this was sound constitutional law, or, rather, was veracious -history, showing that Congress governed as it pleased in the -territories independently of the constitution, and often contrary -to it; and consequently that the constitution did not extend to -it. Mr. Webster then showed the puerility of the idea that the -constitution went over the territories because they were "_land_," -and exposed the fallacy of the supposition that the constitution, -even if extended to a territory, could operate there of itself, and -without a law of Congress made under it. This fallacy was exposed by -showing that Mr. Calhoun, in quoting the constitution as the supreme -law of the land, had omitted the essential words which were part of -the same clause, and which couples with that supremacy the laws of -Congress made in pursuance of the constitution. Thus: - - "The honorable senator from South Carolina argues that the - constitution declares itself to be the law of the land, and - that, therefore, it must extend over the territories. 'The - land,' I take it, means the land over which the constitution - is established, or, in other words, it means the States united - under the constitution. But does not the gentleman see at - once that the argument would prove a great deal too much? The - constitution no more says that the constitution itself shall - be the supreme law of the land, than it says that the laws of - Congress shall be the supreme law of the land. It declares that - the constitution and the law of Congress passed under it shall - be the supreme law of the land." - -The question took a regular slavery turn, Mr. Calhoun avowing his -intent to be to carry slavery into the territories under the wing -of the constitution, and openly treated as enemies to the South all -that opposed it. Having taken the turn of a slavery question, it -gave rise to all the dissension of which that subject had become -the parent since the year 1835. By a close vote, and before the -object had been understood by all the senators, the amendment -was agreed to in the Senate, but immediately disagreed to in the -House, and a contest brought on between the two Houses by which the -great appropriation bill, on which the existence of the government -depended, was not passed until after the constitutional expiration -of the Congress at midnight of the third of March, and was signed -by Mr. Polk (after he had ceased to be President) on the 4th of -March--the law and his approval being antedated of the 3d, to -prevent its invalidity from appearing on the face of the act. Great -was the heat which manifested itself, and imminent the danger that -Congress would break up without passing the general appropriation -bill; and that the government would stop until a new Congress could -be assembled--many of the members of which remained still to be -elected. Many members refused to vote after midnight--which it then -was. Mr. Cass said: - - "As I am among those who believe that the term of this session - has expired, and that it is incompetent for us now to do - business, I cannot vote upon any motion. I have sat here as a - mere looker on. I merely desire to explain why I took no part in - the proceedings." - -Mr. Yulee, of Florida, moving an adjournment, said: - - "I should be very sorry, indeed, to make any proposition which - may in any degree run counter to the general sentiment of the - Senate; but I feel bound, laboring under the strong conviction - that I do, to arrest at every step, and by every means, any - recorded judgment of the Senate at a time when we are not - legally engaged in the discharge of our senatorial duties. I - agree entirely in the view taken by the senator from Michigan." - -Mr. Turney, of Tennessee, said: - - "I am one of those who believe that we have no right to sit - here. The time has expired; one-third of this body are not - present at all, and the others have no right to sit here as a - part of Congress. But a motion has been made for adjournment, - and the presiding officer has refused to entertain that motion. - This being the case, I must regard all that is done as done in - violation of the constitution, or, rather, not in pursuance of - it. It appears to me that we sit here more in the character of a - town meeting than as the Senate of the United States, and that - what we do is no more binding on the American people than if we - did it at a town meeting. I shall express no opinion by saying - yea or nay on the question before the Senate. At the same time, - I protest against it, as being no part of the constitutional - proceedings of the Senate of the United States." - -Mr. Benton, and many others, declined to vote. The House of -Representatives had ceased to act, and sent to the Senate the -customary message of adjournment. The President who, according to -the usage, had remained in the capitol till midnight to sign bills, -had gone home. It was four o'clock in the morning of the fourth, -and the greatest confusion and disorder prevailed. Finally, Mr. -Webster succeeded in getting a vote, by which the Senate receded -from the amendment it had adopted, extending the constitution to the -territories; and that recession leaving the appropriation bill free -from the encumbrance of the slavery question, it was immediately -passed. - -This attempt, pushed to the verge of breaking up the government in -pursuit of a newly invented slavery dogma, was founded in errors -too gross for misapprehension. In the first place as fully shown -by Mr. Webster, the constitution was not made for territories, but -for States. In the second place, it cannot operate any where, not -even in the States for which it was made without acts of Congress to -enforce it. This is true of the constitution in every particular. -Every part of it is inoperative until put into action by a statute -of Congress. The constitution allows the President a salary: he -cannot touch a dollar of it without an act of Congress. It allows -the recovery of fugitive slaves: you cannot recover one without an -act of Congress. And so of every clause it contains. The proposed -extension of the constitution to territories, with a view to its -transportation of slavery along with it, was then futile and -nugatory, until an act of Congress should be passed to vitalize -slavery under it. So that, if the extension had been declared by -law, it would have answered no purpose except to widen the field of -the slavery agitation--to establish a new point of contention--to -give a new phase to the embittered contest--and to alienate more -and more from each other the two halves of the Union. But the -extension was not declared. Congress did not extend the constitution -to the Territories. The proposal was rejected in both Houses; and -immediately the crowning dogma is invented, that the constitution -goes of itself to the territories without an act of Congress, and -executes itself, so far as slavery is concerned, not only without -legislative aid, but in defiance of Congress and the people of the -territory. This is the last slavery creed of the Calhoun school, and -the one on which his disciples now stand--and not with any barren -foot. They apply the doctrine to existing territories, and make -acquisitions from Mexico for new applications. It is impossible to -consider such conduct as any thing else than as one of the devices -for "_forcing the issue with the North_," which Mr. Calhoun in his -confidential letter to the member of the Alabama legislature avows -to have been his policy since 1835, and which he avers he would then -have effected if the members from the slave States had stood by him. - - - - -CHAPTER CLXXXIII. - -PROGRESS OF THE SLAVERY AGITATION: MEETING OF MEMBERS FROM THE SLAVE -STATES: INFLAMMATORY ADDRESS TO THE SOUTHERN STATES. - - -The last days of Mr. Polk's administration were witness to an -ominous movement--nothing less than nightly meetings of large -numbers of members from the slave States to consider the state of -things between the North and the South--to show the aggressions -and encroachments (as they were called), of the former upon the -latter--to show the incompatibility of their union--and to devise -measures for the defence and protection of the South. Mr. Calhoun -was at the bottom of this movement, which was conducted with -extraordinary precautions to avoid publicity. None but slave State -members were admitted. No reporters were permitted to be present; -nor any spectators, or auditors. As many as seventy or eighty were -assembled; but about one half of this number were inimical to -the meeting, and only attended to prevent mischief to the Union, -and mostly fell off from their attendance before the work was -concluded. At the first meeting a grand committee of 15 (Mr. Calhoun -one) were appointed to consider of resolutions: when they met, a -sub-committee of five (Mr. Calhoun at their head) was carved out -of the 15 to report an address to the slave States: and when they -met, Mr. Calhoun produced the address ready written. So that the -whole contrivance of the grand and petty committees was a piece of -machinery to get Mr. Calhoun's own manifesto before the public with -the sanction of a meeting. Mr. Calhoun's manifesto, sanctioned by -the sub-committee, was only saved from condemnation in the committee -of 15 by one vote, and that vote his own. Saved by one vote, and got -before the meeting itself, it there underwent condemnation, and was -recommitted for amendment. Four of the grand committee, consisting -of those who were averse to the whole proceeding, were excused -upon their own request from serving longer upon it. Got back into -the grand committee, it was superseded _in toto_ by an entire new -address, not to the slave States, but to the people of the whole -Union, and addressed not to their angry, but to their good feelings. -That address was reported to an adjourned meeting of the members; -and those opposed to the whole proceeding having nearly ceased to -attend, the original manifesto of Mr. Calhoun was adopted in place -of it: and thus, after a tedious and painful process, and defeated -half the time, and only succeeding when the meeting had become thin -and nearly reduced to his own partisans, that gentleman succeeded in -getting his inflammatory composition before the public as the voice -of the Southern members. But even then not as he first drew it up. -In the primitive draft the introductory clause asserted that the -present wrongs of the North upon the South were equal to those which -produced the separation of these States, when colonies, from the -British empire: that clause was softened down, and generalized in -the amended and adopted manifesto into the assertion of a dangerous -conflict between the two sections of the Union, and the perpetration -of encroachments and aggressions upon the slave States which their -safety would no longer allow them to stand, and for which a cure -must be found. In the original it stood thus: "_Not excepting the -declaration which separated you and the United Colonies from the -parent country. That involved your independence; but this your all, -not excepting your safety._" As softened it ran thus: - - "We, whose names are hereunto annexed, address you in the - discharge of what we believe to be a solemn duty on the most - important subject ever presented for your consideration. We - allude to the conflict between the two great sections of the - Union, growing out of a difference of feeling and opinion in - reference to the relation existing between the two races, the - European and African, which inhabit the Southern section, and - the acts of aggression and encroachment to which it has led. - The conflict commenced not long after the acknowledgment of our - Independence, and has gradually increased until it has arrayed - the great body of the North against the South on this most - vital subject. In the progress of this conflict, aggression has - followed aggression, and encroachment encroachment, until they - have reached a point when a regard for peace and safety will not - permit us to remain longer silent. The object of this address - is to give you a clear, correct, but brief account of the whole - series of aggression and encroachments on your rights, with a - statement of the dangers to which they expose you. Our object - in making it, is not to cause excitement, but to put you in - full possession of all the facts and circumstances necessary - to a full and just conception of a deep-seated disease, which - threatens great danger to you and the whole body politic. We act - on the impression, that in a popular government like ours, a - true conception of the actual character and state of a disease - is indispensable to effecting a cure." - -The manifesto was modelled upon that of the Declaration of the -Independence of the United States; and, by its authors, was soon -saluted as the second Declaration of Independence. After the motive -clause, showing the inducements to the act, followed a long list -of grievances, as formidable in number as those which had impelled -the separation from Great Britain, but so frivolous and imaginary -in substance, that no one could repeat them now without recourse -to the paper. Strange to see, they have become more remarkable for -what they omitted than contained. That Missouri compromise, since -become an outrage which the constitution and the slave States could -no longer endure, was then a good thing, of which the slave States -wished more, and claimed its extension to the Pacific Ocean. The -Wilmot proviso, which had been the exasperation of the slave States -for three years, was skipped over, the great misfortune having -happened to the South which had been deprecated in the letter to -the Alabama member of the General Assembly: it had been defeated! -and for the express purpose of taking a handle of agitation out -of the hands of the enemies of the Union: but without benefit, as -others were seized upon immediately, and the slavery contention -raged more furiously than ever. But past, or present, "encroachments -and aggressions" were too light and apocryphal to rouse a nation. -Something more stirring was wanted; and for that purpose, Time, -and Imagination--the Future, and Invention--were to be placed -in requisition. The abolition of slavery in the States--the -emancipation of slaves, all over the South--the conflict between -the white and the black races--the prostration of the white race, -as in San Domingo: the whites the slaves of the blacks: such were -the future terrors and horrors to be visited upon the slave States -if not arrested by an instant and adequate remedy. Some passages -from this conglomeration of invented horrors will show the furious -zeal of the author, and the large calculation which he made upon the -gullibility of the South when a slavery alarm was to be propagated: - - "Such, then, being the case, it would be to insult you to - suppose you could hesitate. To destroy the existing relation - between the free and servile races at the South would lead to - consequences unparalleled in history. They cannot be separated, - and cannot live together in peace or harmony, or to their mutual - advantage, except in their present relation. Under any other, - wretchedness, and misery, and desolation would overspread - the whole South. The example of the British West Indies, as - blighting as emancipation has proved to them, furnishes a very - faint picture of the calamities it would bring on the South. - The circumstances under which it would take place with us - would be entirely different from those which took place with - them, and calculated to lead to far more disastrous results. - There, the government of the parent country emancipated slaves - in her colonial possessions--a government rich and powerful, - and actuated by views of policy (mistaken as they turned out - to be) rather than fanaticism. It was, besides, disposed to - act justly towards the owners, even in the act of emancipating - their slaves, and to protect and foster them afterwards. It - accordingly appropriated nearly $100,000,000 as a compensation - to them for their losses under the act, which sum, although - it turned out to be far short of the amount, was thought at - that time to be liberal. Since the emancipation it has kept up - a sufficient military and naval force to keep the blacks in - awe, and a number of magistrates, and constables, and other - civil officers, to keep order in the towns and plantations, - and enforce respect to their former owners. It can only be - effected by the prostration of the white race; and that would - necessarily engender the bitterest feelings of hostility - between them and the North. But the reverse would be the case - between the blacks of the South and the people of the North. - Owing their emancipation to them, they would regard them as - friends, guardians, and patrons, and centre, accordingly, all - their sympathy in them. The people of the North would not fail - to reciprocate and to favor them, instead of the whites. Under - the influence of such feelings, and impelled by fanaticism and - love of power, they would not stop at emancipation. Another step - would be taken--to raise them to a political and social equality - with their former owners, by giving them the right of voting and - holding public offices under the federal government. But when - once raised to an equality, they would become the fast political - associates of the North, acting and voting with them on all - questions, and by this political union between them, holding the - white race at the South in complete subjection. The blacks, and - the profligate whites that might unite with them, would become - the principal recipients of federal offices and patronage, and - would, in consequence, be raised above the whites of the South - in the political and social scale. We would, in a word, change - conditions with them--a degradation greater than has ever yet - fallen to the lot of a free and enlightened people, and one from - which we could not escape, should emancipation take place (which - it certainly will if not prevented), but by fleeing the homes - of ourselves and ancestors, and by abandoning our country to - our former slaves, to become the permanent abode of disorder, - anarchy, poverty, misery and wretchedness." - -Emancipation, with all these accumulated horrors, is here held to -be certain, "if not prevented:" certain, so far as it depended -upon the free States, which were rapidly becoming the majority; -and only to be prevented by the slave States themselves. Now, this -certain emancipation of slaves in the States, was a pure and simple -invention of Mr. Calhoun, not only without evidence, but against -evidence--contradicted by every species of human action, negative -and positive, before and since. Far from attacking slavery in -the States, the free States have co-operated to extend the area -of slavery within such States: witness the continued extinctions -of Indian title which have so largely increased the available -capacity of the slave States. So far from making war upon slave -States, several such States have been added to the Union, as Texas -and Florida, by the co-operation of free States. Far from passing -any law to emancipate slaves in the States no Congress has ever -existed that has seen a man that would make such a motion in the -House; or, if made, would not be as unanimously rejected by one -side of the House as the other--as if the unanimity would not be -the same whether the whole North went out, and let the South vote -alone! or the whole South went out, and let the North alone vote. -Yet, this incendiary cry of abolishing slavery in the States has -become the staple of all subsequent agitators. Every little agitator -now jumps upon it--jumps into a State the moment a free territory -is mentioned--and repeats all the alarming stuff invented by Mr. -Calhoun; and as much more as his own invention can add to it. In -the mean time events daily affix the brand of falsehood on these -incendiary inventions. Slave State Presidents are continually -elected by free State votes: the price of slaves themselves, instead -of sinking, as it would if there was any real danger, is continually -augmenting, and, in fact, has reached a height the double of what it -was before the alarming story of emancipation had begun. - -Assuming this emancipation of the slaves in the States to be -certain and inevitable, with all its dreadful consequences, unless -prevented by the slave States, the manifesto goes on seriously to -bring the means of prevention most closely to the consideration -of the slave States--to urge their unity and concert of action -on the slavery question--to make it the supreme object of their -labors, before which all other subjects are to give way--to take the -attitude of self-defence; and, braving all consequences, throw the -responsibility on the other side. Thus: - - "With such a prospect before us, the gravest and most solemn - question that ever claimed the attention of a people is - presented for your consideration: What is to be done to prevent - it? It is a question belonging to you to decide. All we propose - is to give you our opinion. We, then, are of the opinion that - the first and indispensable step, without which nothing can be - done, and with which every thing may be, is to be united among - yourselves on this great and most vital question. The want of - union and concert in reference to it has brought the South, the - Union, and our system of government to their present perilous - condition. Instead of placing it above all others, it has been - made subordinate not only to mere questions of policy, but to - the preservation of party ties and insuring of party success. - As high as we hold a due respect for these, we hold them - subordinate to that and other questions involving our safety - and happiness. Until they are so held by the South, the North - will not believe that you are in earnest in opposition to their - encroachments, and they will continue to follow, one after - another, until the work of abolition is finished. To convince - them that you are, you must prove by your acts that you hold - all other questions subordinate to it. If you become united, - and prove yourselves in earnest, the North will be brought to - a pause, and to a calculation of consequences; and that may - lead to a change of measures, and to the adoption of a course - of policy that may quietly and peaceably terminate this long - conflict between the two sections. If it should not, nothing - would remain for you but to stand up immovably in defence of - rights involving your all--your property, prosperity, equality, - liberty, and safety. As the assailed, you would stand justified - by all laws human and divine, in repelling a blow so dangerous, - without looking to consequences, and to resort to all means - necessary for that purpose. Your assailants, and not you, would - be responsible for consequences. Entertaining these opinions, we - earnestly entreat you to be united, and for that purpose adopt - all necessary measures. Beyond this, we think it would not be - proper to go at present." - -The primitive draft of the manifesto went further, and told what -was to be done: opinions and counsels are as far as the signers -thought it proper to go then. But something further was intimated; -and that soon came in the shape of a Southern convention to dissolve -the Union, and a call from the legislatures of two of the most -heated States (South Carolina and Mississippi), for the assembling -of a "Southern Congress," to put the machinery of the "United -States South" into operation: but of this hereafter. Following -the Declaration of Independence in its mode of adoption, as well -in its exposition of motives as in its enumeration of grievances, -the manifesto was left with the secretary of the meeting for the -signature of the slave-holding members who concurred in it. The -signers were the following: - - "Messrs. Atchison of Missouri; Hunter and Mason of Virginia; - Calhoun and Butler of South Carolina; Downs of Louisiana; - Foote and Jefferson Davis of Mississippi; Fitzpatrick of - Alabama; Borland and Sebastian of Arkansas; Westcott and Yulee - of Florida; Atkinson, Bayley, Bedinger, Bocock, Beale, W. G. - Brown, Meade, R. A. Thompson of Virginia; Daniel, Venable of - North Carolina; Burt, Holmes, Rhett, Simpson, Woodward of South - Carolina; Wallace, Iverson, Lumpkin of Georgia; Bowdon, Gayle, - Harris of Alabama; Featherston, I. Thompson of Mississippi; La - Sere, Morse of Louisiana; R. W. Johnson of Arkansas; Santon of - Kentucky." - - - - -ADMINISTRATION OF ZACHARY TAYLOR. - - - - -CHAPTER CLXXXIV. - -INAUGURATION OF PRESIDENT TAYLOR: HIS CABINET. - - -On the 4th of March the new President was inaugurated with the -customary formalities, Chief Justice Taney administering the oath -of office. He delivered an address, as use and propriety required, -commendably brief, and confined to a declaration of general -principles. Mr. Millard Fillmore, the Vice-President elect, was -duly installed as President of the Senate, and delivered a neat and -suitable address on taking the chair. Assembled in extraordinary -session, the Senate received and confirmed the several nominations -for the cabinet. They were: John M. Clayton, of Delaware, to be -Secretary of State; William M. Meredith, of Pennsylvania, to be -Secretary of the Treasury; George W. Crawford, of Georgia, to be -Secretary at War; William Ballard Preston, of Virginia, to be -Secretary of the Navy; Thomas Ewing, of Ohio, to be Secretary of the -Home Department--a new department created at the preceding session -of Congress; Jacob Collamer, of Vermont, to be Postmaster General; -Reverdy Johnson, of Maryland, to be Attorney General. The whole -cabinet were, of course, of the whig party. - - - - -CHAPTER CLXXXV. - -DEATH OF EX-PRESIDENT POLK. - - -He died at Nashville, Tennessee, soon after he returned home, and -within three months after his retirement from the presidency. He -was an exemplary man in private life, moral in all his deportment, -and patriotic in his public life, aiming at the good of his -country always. It was his misfortune to have been brought into -the presidency by an intrigue, not of his own, but of others, and -the evils of which became an inheritance of his position, and the -sole cause of all that was objectionable in his administration. He -was the first President put upon the people without their previous -indication--the first instance in which a convention assumed the -right of disposing of the presidency according to their own will, -and of course with a view to their own advantage. The scheme of -these intriguers required the exclusion of all independent and -disinterested men from his councils and confidence--a thing easily -effected by representing all such men as his enemies, and themselves -as his exclusive friends. Hence the ejection of the Globe newspaper -from the organship of the administration, and the formation of a -cabinet too much dominated by intrigue and selfishness. All the -faults of his administration were the faults of his cabinet: all -its merits were his own, in defiance of them. Even the arrangement -with the Calhoun and Tyler interest by which the Globe was set aside -before the cabinet was formed, was the work of men who were to be -of the cabinet. His own will was not strong enough for his position, -yet he became firm and absolute where his judgment was convinced -and patriotism required decision. Of this he gave signal proof in -overruling his whole cabinet in their resolve for the sedentary line -in Mexico, and forcing the adoption of the vigorous policy which -carried the American arms to the city of Mexico, and conquered a -peace in the capital of the country. He also gave a proof of it in -falling back upon the line of 49 deg. for the settlement of the Oregon -boundary with Great Britain, while his cabinet, intimidated by their -own newspapers, and alarmed at the storm which themselves had got -up, were publicly adhering to the line of 54 deg. 40', with the secret -hope that others would extricate them from the perils of that -forlorn position. The Mexican war, under the impulse of speculators, -and upon an intrigue with Santa Anna, was the great blot upon his -administration; and that was wholly the work of the intriguing part -of his cabinet, into which he entered with a full belief that the -intrigue was to be successful, and the war finished in "ninety or -one hundred and twenty days;" and without firing another gun after -it should be declared. He was sincerely a friend to the Union, and -against whatever would endanger it, especially that absorption of -the whole of Mexico which had advocates in those who stood near -him; and also against the provisional line which was to cover -Monterey and Guaymas, when he began to suspect the ultimate object -of that line. The acquisition of New Mexico and California were -the distinguishing events of his administration--fruits of the war -with Mexico; but which would have come to the United States without -that war if the President had been surrounded by a cabinet free -from intrigue and selfishness, and wholly intent upon the honor and -interest of the country. - - - - -CHAPTER CLXXXVI. - -THIRTY-FIRST CONGRESS: FIRST SESSION: LIST OF MEMBERS: ORGANIZATION -OF THE HOUSE. - - -The Senate, now consisting of sixty members was composed as follows: - -MAINE.--Hannibal Hamlin, James W. Bradbury. - -NEW HAMPSHIRE.--John P. Hale, Moses Norris, jr. - -MASSACHUSETTS.--Daniel Webster, John Davis. - -RHODE ISLAND.--Albert C. Greene, John H. Clarke. - -CONNECTICUT.--Roger S. Baldwin, Truman Smith. - -VERMONT.--Samuel S. Phelps, William Upham. - -NEW YORK.--Daniel S. Dickinson, William H. Seward. - -NEW JERSEY.--William L. Dayton, Jacob W. Miller. - -PENNSYLVANIA.--Daniel Sturgeon, James Cooper. - -DELAWARE.--John Wales, Presley Spruance. - -MARYLAND.--David Stuart, James A. Pearce. - -VIRGINIA.--James M. Mason, Robert M. T. Hunter. - -NORTH CAROLINA.--Willie P. Mangum, George E. Badger. - -SOUTH CAROLINA.--John C. Calhoun, Arthur P. Butler. - -GEORGIA.--John M. Berrien, William C. Dawson. - -KENTUCKY.--Joseph R. Underwood, Henry Clay. - -TENNESSEE.--Hopkins L. Turney, John Bell. - -OHIO.--Thomas Corwin, Salmon P. Chase. - -LOUISIANA.--Solomon W. Downs, Pierre Soule. - -INDIANA.--Jesse D. Bright, James Whitcomb. - -MISSISSIPPI.--Jefferson Davis, Henry S. Foote. - -ILLINOIS.--Stephen A. Douglass, James Shields. - -ALABAMA.--Jeremiah Clemens, William R. King. - -MISSOURI.--Thomas H. Benton, David R. Atchison. - -ARKANSAS.--William R. Sebastian, Solon Borland. - -FLORIDA.--David L. Yulee, Jackson Morton. - -MICHIGAN.--Lewis Cass, Alpheus Felch. - -TEXAS.--Thomas J. Rusk, Sam Houston. - -WISCONSIN.--Henry Dodge, Isaac P. Walker. - -IOWA.--George W. Jones, Augustus C. Dodge. - -In this list the reader will not fail to remark the names of Mr. -Clay, Mr. Webster, and Mr. Calhoun, all of whom, commencing their -congressional career nearly a generation before, and after several -retirings, had met again, and towards the close of their eventful -lives, upon this elevated theatre of their long and brilliant -labors. The House, consisting of two hundred and thirty members, was -thus composed: - -MAINE.--Thomas J. D. Fuller, Elbridge Gerry, Rufus K. Goodenow, -Nathaniel S. Littlefield, John Otis, Cullen Sawtelle, Charles -Stetson. - -NEW HAMPSHIRE.--Harry Hibbard, Charles H. Peaslee, Amos Tuck, James -Wilson. - -VERMONT.--William Hebard, William Henry, James Meacham, Lucius B. -Peck. - -MASSACHUSETTS.--Charles Allen, George Ashmun, James H. Duncan, -Orin Fowler, Joseph Grinnell, Daniel P. King, Horace Mann, Julius -Rockwell, Robert C. Winthrop, Daniel Webster. - -RHODE ISLAND.--Nathan F. Dixon, George G. King. - -CONNECTICUT.--Walter Booth, Thomas B. Butler, Chauncey F. Cleveland, -Loren P. Waldo. - -NEW YORK.--Henry P. Alexander, George R. Andrews, Henry Bennett, -David A. Bokee, George Briggs, James Brooks, Lorenzo Burrows, -Charles E. Clarke, Harmon S. Conger, William Duer, Daniel Gott, -Herman D. Gould, Ransom Halloway, William T. Jackson, John A. King, -Preston King, Orsamus B. Matteson, Thomas McKissock, William Nelson, -J. Phillips Phoenix, Harvey Putnam, Gideon Reynolds, Elijah -Risley, Robert L. Rose, David Rumsey, jr., William A. Sackett, -Abraham M. Schermerhorn, John L. Schoolcraft, Peter H. Silvester, -Elbridge G. Spaulding, John R. Thurman, Walter Underhill, Hiram -Walden, Hugh White. - -NEW JERSEY.--Andrew K. Hay, James G. King, William A. Newell, John -Van Dyke, Isaac Wildrick. - -PENNSYLVANIA.--Chester Butler, Samuel Calvin, Joseph Casey, Joseph -R. Chandler, Jesse C. Dickey, Milo M. Dimmick, John Freedley, Alfred -Gilmore, Moses Hampton, John W. Howe, Lewis C. Levin, Job Mann, -James X. McLanahan, Henry D. Moore, Henry Nes, Andrew J. Ogle, -Charles W. Pitman, Robert R. Reed, John Robbins, jr., Thomas Ross, -Thaddeus Stevens, William Strong, James Thompson, David Wilmot. - -DELAWARE.--John W. Houston. - -MARYLAND.--Richard I. Bowie, Alexander Evans, William T. Hamilton, -Edward Hammond, John B. Kerr, Robert M. McLane. - -VIRGINIA.--Thomas H. Averett, Thomas H. Bayly, James M. H. Beale, -Thomas S. Bocock, Henry A. Edmundson, Thomas S. Haymond, Alexander -R. Holladay, James McDowell, Fayette McMullen, Richard K. Meade, -John S. Millson, Jeremiah Morton, Richard Parker, Paulus Powell, -James A. Seddon. - -NORTH CAROLINA.--William S. Ashe, Joseph P. Caldwell, Thomas L. -Clingman, John R. J. Daniel, Edmund Deberry, David Outlaw, Augustine -H. Shepperd, Edward Stanly, Abraham W. Venable. - -SOUTH CAROLINA.--Armistead Burt, William F. Colcock, Isaac E. -Holmes, John McQueen, James L. Orr, Daniel Wallace, Joseph A. -Woodward. - -GEORGIA.--Howell Cobb, Thomas C. Hackett, Hugh A. Haralson, Thomas -Butler King, Allen F. Owen, Alexander H. Stephens, Robert Toombs, -Marshall J. Wellborn. - -ALABAMA.--Albert J. Alston, Franklin W. Bowdon, Williamson R. W. -Cobb, Sampson W. Harris, Henry W. Hilliard, David Hubbard, Samuel W. -Inge. - -MISSISSIPPI.--Albert G. Brown, Winfield S. Featherston, William -McWillie, Jacob Thompson. - -LOUISIANA.--Charles M. Conrad, John H. Harmanson, Emile La Sere, -Isaac E. Morse. - -OHIO.--Joseph Cable, Lewis D. Campbell, David K. Carter, Moses -B. Corwin, John Crowell, David T. Disney, Nathan Evans, Joshua -R. Giddings, Moses Hoagland, William F. Hunter, John K. Miller, -Jonathan D. Morris, Edson B. Olds, Emery D. Potter, Joseph M. Root, -Robert C. Schenck, Charles Sweetser, John L. Taylor, Samuel F. -Vinton, William A. Whittlesey, Amos E. Wood. - -KENTUCKY.--Linn Boyd, Daniel Breck, Geo A. Caldwell, James L. -Johnson, Humphrey Marshall, John C. Mason, Finis E. McLean, Charles -S. Morehead, Richard H. Stanton, John B. Thompson. - -TENNESSEE.--Josiah M. Anderson, Andrew Ewing, Meredith P. Gentry, -Isham G. Harris, Andrew Johnson, George W. Jones, John H. Savage, -Frederick P. Stanton, Jas. H. Thomas, Albert G. Watkins, Christopher -H. Williams. - -INDIANA.--Nathaniel Albertson, William J. Brown, Cyrus L. Dunham, -Graham N. Fitch, Willis A. Gorman, Andrew J. Harlan, George W. -Julian, Joseph E. McDonald, Edward W. McGaughey, John L. Robinson. - -ILLINOIS.--Edward D. Baker, William H. Bissell, Thomas L. Harris, -John A. McClernand, William A. Richardson, John Wentworth, Timothy -R. Young. - -MISSOURI.--William V. N. Bay, James B. Bowlin, James S. Green, -Willard P. Hall, John S. Phelps. - -ARKANSAS.--Robert W. Johnson. - -MICHIGAN.--Kinsley S. Bingham, Alexander W. Buel, William Sprague. - -FLORIDA.--E. Carrington Cabell. - -TEXAS.--Volney E. Howard, David S. Kaufman. - -IOWA.--Shepherd Leffler, William Thompson. - -WISCONSIN.--Orsamus Cole, James D. Doty, Charles Durkee. - - -_Delegates from Territories._ - -OREGON.--S. R. Thurston. - -MINNESOTA.--Henry S. Sibley. - - -The election of a Speaker is the first business of a new Congress, -and the election which decided the political character of the House -while parties divided on political principles. Candidates from -opposite parties were still put in nomination at this commencement -of the Thirty-first Congress, but it was soon seen that the slavery -question mingled with the election, and gave it its controlling -character. Mr. Robert Winthrop, of Massachusetts (whig), and Mr. -C. Howell Cobb, of Georgia (democratic), were the respective -candidates; and in the vain struggle to give either a majority of -the House near three weeks of time was wasted, and above sixty -ballotings exhausted. Deeming the struggle useless, resort was had -to the plurality rule, and Mr. Cobb receiving 102 votes to the 99 -for Mr. Winthrop--about twenty votes being thrown away--he was -declared elected, and led to the chair most courteously by his -competitor, Mr. Winthrop, and Mr. James McDowell, of Virginia. Mr. -Thomas I. Campbell was elected clerk, and upon his death during the -session, Richard M. Young, Esq., of Illinois, was elected in his -place. - - - - -CHAPTER CLXXXVII. - -FIRST AND ONLY ANNUAL MESSAGE OF PRESIDENT TAYLOR. - - -This only message of one of the American Presidents, shows that he -comprehended the difficulties of his position, and was determined -to grapple with them--that he saw where lay the dangers to the -harmony and stability of the Union, and was determined to lay these -dangers bare to the public view--and, as far as depended on him, -to apply the remedies which their cure demanded. The first and the -last paragraphs of his message looked to this danger, and while the -first showed his confidence in the strength of the Union, the latter -admitted the dangers to it, and averred his own determination to -stand by it to the full extent of his obligations and powers. It was -in these words: - - "But attachment to the Union of the States should be habitually - fostered in every American heart. For more than half a century, - during which kingdoms and empires have fallen, this Union has - stood unshaken. The patriots who formed it have long since - descended to the grave; yet still it remains the proudest - monument to their memory, and the object of affection and - admiration with every one worthy to bear the American name. In - my judgment its dissolution would be the greatest of calamities, - and to avert that should be the study of every American. Upon - its preservation must depend our own happiness, and that of - countless generations to come. Whatever dangers may threaten it, - I shall stand by it, and maintain it in its integrity, to the - full extent of the obligations imposed and the power conferred - upon me by the constitution." - -This paragraph has the appearance where it occurs of being an -addition to the message after it had been written: and such it was. -It was added in consequence of a visit from Mr. Calhoun to the -Department of State, and expressing a desire that nothing should be -said in the message about the point to which it relates. The two -paragraphs were then added--the one near the beginning, the other -at the end of the message; and it was in allusion to these passages -that Mr. Calhoun's last speech, read in the Senate by Mr. Mason, of -Virginia, contained those memorable words, so much noted at the time: - - "_It (the Union) cannot, then, be saved by eulogies on it, - however splendid or numerous. The cry of 'Union, Union, the - glorious Union!' can no more prevent disunion than the cry of - 'Health, Health, glorious Health!' on the part of the physician - can save a patient from dying that is lying dangerously ill._" - -President Taylor surveyed the difficulties before him, and expressed -his opinion of the remedies they required. California, New Mexico, -and Utah had been left without governments: Texas was asserting a -claim to one half of New Mexico--a province settled two hundred -years before Texian independence, and to which no Texian invader -ever went except to be killed or taken, to the last man. Each of -these presented a question to be settled, in which the predominance -of the slavery agitation rendered settlement difficult and -embarrassing. President Taylor frankly and firmly presented his -remedy for each one. California, having the requisite population for -a State, and having formed her constitution, and prepared herself -for admission into the Union, was favorably recommended for that -purpose to Congress: - - "No civil government having been provided by Congress for - California, the people of that territory, impelled by the - necessities of their political condition, recently met in - convention, for the purpose of forming a constitution and - State government, which the latest advices give me reason to - suppose has been accomplished; and it is believed they will - shortly apply for the admission of California into the Union - as a sovereign State. Should such be the case, and should - their constitution be conformable to the requisitions of the - constitution of the United States, I recommend their application - to the favorable consideration of Congress." - -New Mexico and Utah, without mixing the slavery question with their -territorial governments, were recommended to be left to ripen into -States, and then to settle that question for themselves in their -State constitutions--saying: - - "By awaiting their action, all causes of uneasiness may be - avoided, and confidence and kind feeling preserved. With the - view of maintaining the harmony and tranquillity so dear to all, - we should abstain from the introduction of those exciting topics - of a sectional character which have hitherto produced painful - apprehensions in the public mind; and I repeat the solemn - warning of the first and most illustrious of my predecessors, - against furnishing 'any ground for characterizing parties by - geographical discriminations!'" - -This reference to Washington was answered by Calhoun in the same -speech read by Mr. Mason, denying that the Union could be saved by -invoking his name, and averring that there was "_nothing in his -history to deter us from seceding from the Union should it fail to -fulfil the objects for which it was instituted_:" which failure the -speech averred--as others had averred for twenty years before: for -secession was the off-shoot of nullification, and a favorite mode -of dissolving the Union. With respect to Texas and New Mexico, it -was the determination of the President that their boundaries should -be settled by the political, or judicial authority of the United -States, and not by arms. - -In all these recommendations the message was wise, patriotic, -temperate and firm; but it encountered great opposition, and from -different quarters, and upon different grounds--from Mr. Clay, who -wished a general compromise; from Mr. Calhoun, intent upon extending -slavery; and holding the Union to be lost except by a remedy of -his own which he ambiguously shadowed forth--a dual executive--two -Presidents: one for the North, one for the South: which was itself -disunion if accomplished. In his reference to Washington's warnings -against geographical and sectional parties, there was a pointed -rebuke to the daily attempts to segregate the South from the North, -and to form political parties exclusively on the basis of an -opposition of interest between the Southern and the Northern States. -As a patriot, he condemned such sectionalism: as a President, he -would have counteracted it. - -After our duty to ourselves the President spoke of our duty to -others--to our neighbors--and especially the Spanish possession of -Cuba. An invasion of that island by adventurers from the United -States had been attempted, and had been suppressed by an energetic -proclamation, backed by a determination to carry it into effect upon -the guilty. The message said: - - "Having been apprised that a considerable number of adventurers - were engaged in fitting out a military expedition, within the - United States, against a foreign country, and believing, from - the best information I could obtain, that it was destined to - invade the island of Cuba, I deemed it due to the friendly - relations existing between the United States and Spain; to - the treaty between the two nations; to the laws of the United - States; and, above all, to the American honor, to exert - the lawful authority of this government in suppressing the - expedition and preventing the invasion. To this end I issued - a proclamation, enjoining it upon the officers of the United - States, civil and military, to use all lawful means within their - power. A copy of that proclamation is herewith submitted. The - expedition has been suppressed. So long as the act of Congress - of the 20th of April, 1818, which owes its existence to the law - of nations and to the policy of Washington himself, shall remain - on our statute book, I hold it to be the duty of the Executive - faithfully to obey its injunctions." - -This was just conduct, and just language, worthy of an upright -magistrate of a Republic, which should set an example of justice -and fairness towards its neighbors. The Spanish government had been -greatly harassed by expeditions got up against Cuba in the United -States, and put to enormous expense in ships and troops to hold -herself in a condition to repulse them. Thirty thousand troops, and -a strong squadron, were constantly kept on foot to meet this danger. -A war establishment was kept up in time of peace in the island of -Cuba to protect the island from threatened invasions. Besides the -injury done to Spain by these aggravations, and the enormous expense -of a war establishment to be kept in Cuba, there was danger of -injury to ourselves from the number and constant recurrence of these -expeditions, which would seem to speak the connivance of the people, -or the negligence of the government. Fortunately for the peace of -the countries during the several years that these expeditions were -most undertaken, the Spanish government was long represented at -Washington by a minister of approved fitness for his situation--Don -Luis Calderon de la Barca: a fine specimen of the old Castilian -character--frank, courteous, honorable, patriotic--whose amiable -manners enabled him to mix intimately with American society, and to -see that these expeditions were criminally viewed by the government -and the immense majority of the citizens; and whose high character -enabled him to satisfy his own government of that important fact, -and to prevent from being viewed as the act of the nation, what was -only that of lawless adventurers, pursued and repressed by our own -laws. - - - - -CHAPTER CLXXXVIII. - -MR. CLAY'S PLAN OF COMPROMISE. - - -Early in the session Mr. Clay brought into the Senate a set of -resolutions, eight in number, to settle and close up once and for -ever, all the points of contestation in the slavery question, and to -consolidate the settlement of the whole into one general and lasting -compromise. He was placed at the head of a grand committee of -thirteen members to whom his resolutions were to be referred, with a -view to combine them all into one bill, and make that bill the final -settlement of all the questions connected with slavery. Mr. Benton -opposed this whole plan of pacification, as mixing up incongruous -measures--making one measure dependent upon another--tacking -together things which had no connection--as derogatory and perilous -to the State of California to have the question of her admission -confounded with the general slavery agitation in the United -States--as being futile and impotent, as no such conglomeration -of incongruities (though christened a compromise) could have -any force:--as being a concession to the spirit of disunion--a -capitulation to those who threatened secession--a repetition of -the error of 1833:--and itself to become the fruitful source -of more contentions than it proposed to quiet. His plan was to -settle each measure by itself, beginning with the admission of -California, settling every thing justly and fairly, in the spirit -of conciliation as well as of justice--leaving the consequences to -God and the country--and having no compromise with the threat of -disunion. The majority of the Senate were of Mr. Benton's opinion, -which was understood also to be the plan of the President: but -there are always men of easy or timid temperaments in every public -body that delight in temporizations, and dread the effects of any -firm and straightforward course; and so it was now, but with great -difficulty--Mr. Clay himself only being elected by the aid of one -vote, given to him by Mr. Webster after it was found that he lacked -it. The committee were: Mr. Clay, chairman: Messrs. Cass, Dickinson, -Bright, Webster, Phelps, Cooper, King, Mason, Downs, Mangum, Bell, -and Berrien, members. Mr. Clay's list of measures was referred to -them; and as the committee was selected with a view to promote the -mover's object, a bill was soon returned embracing the comprehensive -plan of compromise which he proposed. The admission of California, -territorial governments for Utah and New Mexico, the settlement of -the Texas boundary, slavery in the District of Columbia, a fugitive -slave law--all--all were put together in one bill, to be passed or -rejected by the same vote! and to be called a system. United they -could not be. Their natures were too incongruous to admit of union -or mixture. They were simply tied together--called one measure; and -required to be voted on as such. They were not even bills drawn up -by the committee, but existing bills in the Senate--drawn up by -different members--occupying different places on the calendar--and -each waiting its turn to be acted on separately. Mr. Clay had made -an ample report in favor of his measure, and further enforced it by -an elaborate speech: the whole of which Mr. Benton contested, and -answered in an ample speech, some extracts from which constitute a -future chapter. - - - - -CHAPTER CLXXXIX. - -EXTENSION OF THE MISSOURI COMPROMISE LINE TO THE PACIFIC OCEAN: MR. -DAVIS, OF MISSISSIPPI, AND MR. CLAY: THE WILMOT PROVISO. - - -In the resolutions of compromise submitted by Mr. Clay there -was one declaring the non-existence of slavery in the territory -recently acquired from Mexico, and affirming the "inexpediency" -of any legislation from Congress on that subject within the said -territories. His resolution was in these words: - - "_Resolved_, That as slavery does not exist by law, and is not - likely to be introduced into any of the territory acquired by - the United States from the Republic of Mexico, it is inexpedient - for Congress to provide by law either for its introduction into - or exclusion from any part of the said territory; and that - appropriate territorial governments ought to be established - by Congress in all of the said territory, not assigned as the - boundaries of the proposed State of California, without the - adoption of any restriction or condition on the subject of - slavery." - -This proposition, with some half-dozen others, formed the system -of compromise with which Mr. Clay expected to pacify the slavery -agitation in the United States. Mr. Davis, of Mississippi, did not -perceive any thing of a compromise in a measure which gave nothing -to the South in the settlement of the question, and required the -extension of the Missouri compromise line to the Pacific ocean as -the least that he would be willing to take. Thus: - - "But, sir, we are called on to receive this as a measure of - compromise! Is a measure in which we of the minority are to - receive nothing, a measure of compromise? I look upon it as but - a modest mode of taking that, the claim to which has been more - boldly asserted by others; and that I may be understood upon - this question, and that my position may go forth to the country - in the same columns that convey the sentiments of the senator - from Kentucky, I here assert that never will I take less than - the Missouri compromise line extended to the Pacific ocean, with - the specific recognition of the right to hold slaves in the - territory below that line; and that, before such territories are - admitted into the Union as States, slaves may be taken there - from any of the United States at the option of their owners." - -This was a manly declaration in favor of extending slavery into the -new territories, and in the only way in which it could be done--that -is to say, by act of Congress. Mr. Clay met it by a declaration -equally manly, and in conformity to the principles of his whole -life, utterly refusing to plant slavery in any place where it did -not previously exist. He answered: - - "I am extremely sorry to hear the senator from Mississippi - say that he requires, first, the extension of the Missouri - compromise line to the Pacific, and also that he is not - satisfied with that, but requires, if I understood him - correctly, a positive provision for the admission of slavery - south of that line. And now, sir, coming from a slave State, as - I do, I owe it to myself, I owe it to truth, I owe it to the - subject, to say that no earthly power could induce me to vote - for a specific measure for the introduction of slavery where - it had not before existed, either south or north of that line. - Coming as I do from a slave State, it is my solemn, deliberate - and well matured determination that no power, no earthly power, - shall compel me to vote for the positive introduction of slavery - either south or north of that line. Sir, while you reproach, - and justly too, our British ancestors for the introduction of - this institution upon the continent of America, I am, for one, - unwilling that the posterity of the present inhabitants of - California and of New Mexico shall reproach us for doing just - what we reproach Great Britain for doing to us. If the citizens - of those territories choose to establish slavery, and if they - come here with constitutions establishing slavery, I am for - admitting them with such provisions in their constitutions; - but then it will be their own work, and not ours, and their - posterity will have to reproach them, and not us, for forming - constitutions allowing the institution of slavery to exist among - them. These are my views, sir, and I choose to express them; and - I care not how extensively or universally they are known." - -These were manly sentiments, courageously expressed, and taking -the right ground so much overlooked, or perverted by others. The -Missouri compromise line, extending to New Mexico and California, -though astronomically the same with that in Louisiana, was -politically directly the opposite. One went through a territory -all slave, and made one-half free; the other would go through -territory all free, and make one-half slave. Mr. Clay saw this -difference, and acted upon it, and declared his sentiments honestly -and boldly; and none but the ignorant or unjust could reproach him -with inconsistency in maintaining the line in the ancient Louisiana, -where the whole province came to us with slavery, and refusing it -in the new territories where all came to us free. - -Mr. Seward, of New York, proposed the renewal of the Wilmot proviso: - - "Neither slavery nor involuntary servitude, otherwise than by - conviction for crime, shall ever be allowed in either of said - territories of Utah and New Mexico." - -Upon the adoption of which the yeas and nays were: - - "YEAS.--Messrs. Baldwin, Bradbury, Bright, Chase, Clarke, - Cooper, Corwin, Davis of Massachusetts, Dayton, Dodge of - Wisconsin, Douglas, Felch, Greene, Hale, Hamlin, Miller, Norris, - Seward, Shields, Smith, Upham, Whitcomb, and Walker--23. - - "NAYS.--Messrs. Atchison, Badger, Bell, Benton, Berrien, Butler, - Cass, Clay, Clemens, Davis of Mississippi, Dawson, Dickinson, - Dodge of Iowa, Downs, Foote, Houston, Hunter, Jones, King, - Mangum, Mason, Morton, Pearce, Pratt, Rusk, Sebastian, Soule, - Spruance, Sturgeon, Turney, Underwood, Webster, and Yulee--33." - - - - -CHAPTER CXC. - -MR. CALHOUN'S LAST SPEECH: DISSOLUTION OF THE UNION PROCLAIMED -UNLESS THE CONSTITUTION WAS AMENDED, AND A DUAL EXECUTIVE -APPOINTED--ONE PRESIDENT FROM THE SLAVE AND ONE FROM THE FREE STATES. - - -On the 4th of March Mr. Calhoun brought into the Senate a written -speech, elaborately and studiously prepared, and which he was too -weak to deliver, or even to read. Upon his request it was allowed to -be read by his friend, Mr. James M. Mason of Virginia, and was found -to be an amplification and continuation of the Southern manifesto of -the preceding year; and, like it, occupied entirely with the subject -of the dissolution of the Union, and making out a case to justify -it. The opening went directly to the point, and presented the -question of Union, or disunion with the formality and solemnity of -an actual proposition, as if its decision was the business on which -the Senate was convened. It opened thus: - - "I have, senators, believed from the first that the agitation of - the subject of slavery would, if not prevented by some timely - and effective measure, end in disunion. Entertaining this - opinion, I have, on all proper occasions, endeavored to call - the attention of each of the two great parties which divide the - country to adopt some measure to prevent so great a disaster but - without success. The agitation has been permitted to proceed, - with almost no attempt to resist it, until it has reached a - period when it can no longer be disguised or denied that the - Union is in danger. You have thus had forced upon you the - greatest and the gravest question that can ever come under your - consideration: How can the Union be preserved?" - -Professing to proceed like a physician who must find out the cause -of a disease before he can apply a remedy, the speech went on to -discover the reasons which now rendered disunion inevitable, unless -an adequate remedy to prevent it should be administered. The first -of these causes was the anti-slavery ordinance of 1787, which was -adopted before the constitution was formed, and had its origin from -the South, and the unanimous support of that section. The second -was the Missouri compromise line, which also had its origin in the -South, the unanimous support of the Southern senators, the majority -of the Southern representatives, the unanimous support of Mr. -Monroe's cabinet, of which Mr. Calhoun was a member; and his own -approbation of it for about twenty-five years. The long continued -agitation of the slave question was another cause of disunion, -dating the agitation from the year 1835--which was correct; for in -that year he took it up in the Senate, and gave the abolitionists -what they wanted, and could not otherwise acquire--an antagonist -to cope with, an elevated theatre for the strife, and a national -auditory to applaud or censure. Before that time he said, and truly, -the agitation was insignificant; since then it had become great; -and (he might have added), that senators North and South told him -that would be the case when he entered upon the business in 1835. -Repeal of the slave sojournment laws by New York and Pennsylvania, -was referred to, and with reason, except that these repeals did not -take place until after his own conduct in the Senate had made the -slavery agitation national, and given distinction and importance to -the abolitionists. The progressive increase of the two classes of -States, rapid in one, slow in the other, was adverted to as leading -to disunion by destroying, what he called, the _equilibrium_ of -the States--as if that difference of progress was not mainly in -the nature of things, resulting from climate and soil; and in some -degree political, resulting from the slavery itself which he was so -anxious to extend. The preservation of this equilibrium was to be -effected by acquiring Southern territory and opening it to slavery. -The _equality_ of the States was held to be indispensable to the -continuance of the Union; and that equality was to be maintained -by admitting slavery to be carried into all the territories--even -Oregon--equivocally predicated on the right of all persons to carry -their "_property_" with them to these territories. The phrase was -an equivocation, and has been a remarkable instance of delusion -from a phrase. Every citizen can carry his property now wherever he -goes, only he cannot carry the State law with him which makes it -property, and for want of which it ceases to be so when he gets to -his new residence. The New Englander can carry his bank along with -him, and all the money it contains, to one of the new territories; -but he cannot carry the law of incorporation with him; and it ceases -to be the property he had in New England. All this complaint about -inequality in a slave-holder in not being allowed to carry his -"_property_" with him to a territory, stript of the ambiguity of -phraseology, is nothing but a complaint that he cannot carry the law -with him which makes it property; and in that there is no inequality -between the States. They are all equal in the total inability of -their citizens to carry the State laws with them. The result of the -whole, the speech went on to say, was that the process of disruption -was then going on between the two classes of States, and could not -be arrested by any remedy proposed--not by Mr. Clay's compromise -plan, nor by President's plan, nor by the cry of "Union, Union, -Glorious Union!" The speech continues: - - "Instead of being weaker, all the elements in favor of agitation - are stronger now than they were in 1835, when it first - commenced, while all the elements of influence on the part - of the South are weaker. Unless something decisive is done, - I again ask what is to stop this agitation, before the great - and final object at which it aims--the abolition of slavery in - the States--is consummated? Is it, then, not certain that if - something decisive is not now done to arrest it, the South will - be forced to choose between abolition and secession? Indeed, as - events are now moving, it will not require the South to secede - to dissolve the Union." - -The speech goes on to say that the Union could not be dissolved at -a single blow: it would require many, and successive blows, to snap -its cords asunder: - - "It is a great mistake to suppose that disunion can be effected - by a single blow. The cords which bind these States together in - one common Union are far too numerous and powerful for that. - Disunion must be the work of time. It is only through a long - process, and successively, that the cords can be snapped, until - the whole fabric falls asunder. Already the agitation of the - slavery question has snapped some of the most important, and has - greatly weakened all the others, as I shall proceed to show." - -The speech goes on to show that cords have already been snapt, and -others weakened: - - "The cords that bind the States together are not only many, but - various in character. Some are spiritual or ecclesiastical; - some political; others social. Some appertain to the benefit - conferred by the Union, and others to the feeling of duty and - obligation. - - "The strongest of those of a spiritual and ecclesiastical nature - consisted in the unity of the great religious denominations, - all of which originally embraced the whole Union. All these - denominations, with the exception, perhaps, of the Catholics, - were organized very much upon the principle of our political - institutions; beginning with smaller meetings correspondent - with the political divisions of the country, their organization - terminated in one great central assemblage, corresponding - very much with the character of Congress. At these meetings - the principal clergymen and lay members of the respective - denominations from all parts of the Union met to transact - business relating to their common concerns. It was not - confined to what appertained to the doctrines and discipline - of the respective denominations, but extended to plans for - disseminating the Bible, establishing missionaries, distributing - tracts, and of establishing presses for the publication of - tracts, newspapers, and periodicals, with a view of diffusing - religious information, and for the support of the doctrines - and creeds of the denomination. All this combined, contributed - greatly to strengthen the bonds of the Union. The strong ties - which held each denomination together formed a strong cord to - hold the whole Union together; but, as powerful as they were, - they have not been able to resist the explosive effect of - slavery agitation. - - "The first of these cords which snapped, under its explosive - force, was that of the powerful Methodist Episcopal Church. - The numerous and strong ties which held it together are all - broke, and its unity gone. They now form separate churches, - and, instead of the feeling of attachment and devotion to the - interests of the whole church which was formerly felt, they are - now arrayed into two hostile bodies, engaged in litigation about - what was formerly their common property. - - "The next cord that snapped was that of the Baptists, one of the - largest and most respectable of the denominations. That of the - Presbyterian is not entirely snapped, but some of its strands - have given way. That of the Episcopal Church is the only one of - the four great Protestant denominations which remains unbroken - and entire. - - "The strongest cord of a political character consists of the - many and strong ties that have held together the two great - parties, which have, with some modifications, existed from the - beginning of the government. They both extended to every portion - of the Union, and strongly contributed to hold all its parts - together. But this powerful cord has fared no better than the - spiritual. It resisted for a long time the explosive tendency of - the agitation, but has finally snapped under its force--if not - entirely, in a great measure. Nor is there one of the remaining - cords which have not been greatly weakened. To this extent the - Union has already been destroyed by agitation, in the only way - it can be, by snapping asunder and weakening the cords which - bind it together." - -The last cord here mentioned, that of political parties, founded -upon principles not subject to sectional, or geographical lines, has -since been entirely destroyed, snapped clean off by the abrogation -of the Missouri compromise line, and making the extension, or -non-extension of slavery, the foundation of political parties. -After that cord should be snapped, the speech goes on to consider -"_force_" the only bond of Union, and justly considers that as no -Union where power and violence constitute the only bond. - - "If the agitation goes on, the same force, acting with increased - intensity, as has been shown, will finally snap every cord, - when nothing will be left to hold the States together except - force. But surely that can, with no propriety of language, be - called a Union, when the only means by which the weaker is held - connected with the stronger portion is _force_. It may, indeed, - keep them connected; but the connection will partake much more - of the character of subjugation, on the part of the weaker to - the stronger, than the union of free, independent, and sovereign - States, in one confederation, as they stood in the early stages - of the government, and which only is worthy of the sacred name - of Union." - -The admission of the State of California, with her free -constitution, was the exciting cause of this speech from Mr. -Calhoun. The Wilmot proviso was disposed of. That cause of disunion -no longer existed; but the admission of California excited the same -opposition, and was declared to be the "_test_" question upon which -all depended. The President had communicated the constitution of -that State to Congress, which Mr. Calhoun strongly repulsed. - - "The Executive has laid the paper purporting to be the - Constitution of California before you, and asks you to admit - her into the Union as a State; and the question is, will you - or will you not admit her? It is a grave question, and there - rests upon you a heavy responsibility. Much, very much, will - depend upon your decision. If you admit her, you endorse - and give your sanction to all that has been done. Are you - prepared to do so? Are you prepared to surrender your power of - legislation for the territories--a power expressly vested in - Congress by the constitution, as has been fully established? Can - you, consistently with your oath to support the constitution, - surrender the power? Are you prepared to admit that the - inhabitants of the territories possess the sovereignty over - them, and that any number, more or less, may claim any extent of - territory they please, may form a constitution and government, - and erect it into a State, without asking your permission? Are - you prepared to surrender the sovereignty of the United States - over whatever territory may be hereafter acquired to the first - adventurers who may rush into it? Are you prepared to surrender - virtually to the Executive Department all the powers which you - have heretofore exercised over the territories? If not, how can - you, consistently with your duty and your oaths to support the - constitution, give your assent to the admission of California as - a State, under a pretended constitution and government?" - -Having shown that all the cords that held the Union together had -snapped except one (political party principle), and that one -weakened and giving way, the speech came to the solemn question: -"_How can the Union be saved?_" and answered it (after some -generalities) by coming to the specific point-- - - "_To provide for the insertion of a provision in the - Constitution, by an amendment, which will restore to the South - in substance the power she possessed of protecting herself, - before the equilibrium between the sections was destroyed by the - action of this government._" - -The speech did not tell of what this amendment was to consist, which -was to have the effect of saving the Union, by protecting the slave -States, and restoring the equilibrium between the two classes of -States; but an authentic publication soon after disclosed it, and -showed it to be the election of two Presidents, one from the free -and the other from the slave States, and each to approve of all the -acts of Congress before they became laws. Upon this condition alone, -the speech declared the Union could be saved! which was equivalent -to pronouncing its dissolution. For, in the first place, no such -amendment to the constitution could be made; in the second place, no -such double-headed government could work through even one session -of Congress, any more than two animals could work together in the -plough with their heads yoked in opposite directions. - -This last speech of Mr. Calhoun becomes important, as furnishing -a key to his conduct, and that of his political friends, and as -connecting itself with subsequent measures. - - - - -CHAPTER CXCI. - -DEATH OF MR. CALHOUN: HIS EULOGIUM BY SENATOR BUTLER. - - - "MR. PRESIDENT: Mr. Calhoun has lived in an eventful period - of our Republic and has acted a distinguished part. I surely - do not venture too much when I say, that his reputation forms - a striking part of a glorious history. Since 1811 until this - time, he has been responsibly connected with the federal - government. As representative, senator, cabinet minister, and - Vice President, he has been identified with the greatest events - in the political history of our country. And I hope I may be - permitted to say that he has been equal to all the duties which - were devolved upon him in the many critical junctures in which - he was placed. Having to act a responsible part, he always - acted a decided part. It would not become me to venture upon - the judgment which awaits his memory. That will be formed by - posterity before the impartial tribunal of history. It may be - that he will have had the fate, and will have given to him the - judgment that has been awarded to Chatham. - - "Mr. Calhoun was a native of South Carolina, and was born in - Abbeville district, on the 18th March, 1782. He was of an Irish - family. His father, Patrick Calhoun, was born in Ireland, and at - an early age came to Pennsylvania, thence moved to the western - part of Virginia, and after Braddock's defeat moved to South - Carolina, in 1756. He and his family gave a name to what is - known as the Calhoun settlement in Abbeville district. The - mother of my colleague was a Miss Caldwell, born in Charlotte - County, Virginia. The character of his parents had no doubt a - sensible influence on the destiny of their distinguished son. - His father had energy and enterprise, combined with perseverance - and great mental determination. His mother belonged to a family - of revolutionary heroes. Two of her brothers were distinguished - in the Revolution. Their names and achievements are not left to - tradition, but constitute a part of the history of the times. - - "He became a student in Yale College, in 1802, and graduated - two years afterwards with distinction--as a young man of great - ability, and with the respect and confidence of his preceptors - and fellows. What they have said and thought of him, would have - given any man a high reputation. It is the pure fountain of a - clear reputation. If the stream has met with obstructions, they - were such as have only shown its beauty and majesty. - - "Mr. Calhoun came into Congress at a time of deep and exciting - interest--at a crisis of great magnitude. It was a crisis - of peril to those who had to act in it, but of subsequent - glory to the actors, and the common history of the country. - The invincibility of Great Britain had become a proverbial - expression, and a war with her was full of terrific issues. - Mr. Calhoun found himself at once in a situation of high - responsibility--one that required more than speaking qualities - and eloquence to fulfil it. The spirit of the people required - direction; the energy and ardor of youth were to be employed - in affairs requiring the maturer qualities of a statesman. The - part which Mr. Calhoun acted at this time, has been approved - and applauded by contemporaries, and now forms a part of the - glorious history of those times. - - "The names of Clay, Calhoun, Cheves, and Lowndes, Grundy, - Porter, and others, carried associations with them that reached - the _heart of the nation_. Their clarion notes penetrated the - army; they animated the people, and sustained the administration - of the government. With such actors, and in such scenes--the - most eventful of our history--to say that Mr. Calhoun did not - play a second part, is no common praise. In debate he was equal - with Randolph, and in council he commanded the respect and - confidence of Madison. At this period of his life he had the - quality of Themistocles--_to inspire confidence_--which, after - all, is the highest of earthly qualities: it is a mystical - something which is felt, but cannot be described. The events - of the war were brilliant and honorable to both statesmen and - soldiers, and their history may be read with enthusiasm and - delight. The war terminated with honor; but the measures which - had to be taken, in a transition to a peace establishment, - were full of difficulty and embarrassment. Mr. Calhoun, with - his usual intrepidity, did not hesitate to take a responsible - part. Under the influence of a broad patriotism, he acted with - an uncalculating liberality to all the interests that were - involved, and which were brought under review of Congress. His - personal adversary at this time, in his admiration for his - genius, paid Mr. Calhoun a beautiful compliment for his noble - and national sentiments. - - "At the termination of Mr. Madison's administration, Mr. Calhoun - had acquired a commanding reputation; he was regarded as one - of the sages of the Republic. In 1817 Mr. Monroe invited him - to a place in his cabinet; Mr. Calhoun's friends doubted the - propriety of his accepting it, and some of them thought he would - put a high reputation at hazard in this new sphere of action. - Perhaps these suggestions fired his high and gifted intellect; - he accepted the place, and went into the War Department, under - circumstances that might have appalled other men. His success - has been acknowledged; what was complex and confused, he reduced - to simplicity and order. His organization of the War Department, - and his administration of its undefined duties, have made the - impression of an _author_, having the interest of originality - and the sanction of trial. - - "While he was Vice-President he was placed in some of the most - trying scenes of any man's life. I do not now choose to refer - to any thing that can have the elements of controversy; but I - hope I may be permitted to speak of my friend and colleague - in a character in which all will join in paying him sincere - respect. As a presiding officer of this body, he had the - undivided respect of its members. He was punctual, methodical, - and accurate, and had a high regard for the dignity of the - Senate, which, as a presiding officer, he endeavored to preserve - and maintain. He looked upon debate as an honorable contest of - intellect for truth. Such a strife has its incidents and its - trials; but Mr. Calhoun had, in an eminent degree, a regard for - parliamentary dignity and propriety. - - "Upon General Hayne's leaving the Senate to become Governor - of South Carolina, Mr. Calhoun resigned the Vice-Presidency, - and was elected in his place. All will now agree that such a - position was environed with difficulties and dangers. His own - State was under the ban, and he was in the national Senate to do - her justice under his constitutional obligations. That part of - his life posterity will review, and will do justice to it. - - "After his senatorial term had expired, he went into retirement - by his own consent. The death of Mr. Upshur--so full of - melancholy association--made a vacancy in the State Department; - and it was by the common consent of all parties, that Mr. - Calhoun was called to fill it. This was a tribute of which any - public man might well be proud. It was a tribute to truth, - ability, and experience. Under Mr. Calhoun's counsels, Texas - was brought into the Union. His name is associated with one of - the most remarkable events of history--that of one Republic - being annexed to another by the voluntary consent of both. - Mr. Calhoun was but the agent to bring about this fraternal - association. It is a conjunction under the sanction of his name, - and by an influence exerted through his great and intrepid - mind. Mr. Calhoun's connection with the Executive Department of - the government terminated with Mr. Tyler's administration. As - Secretary of State, he won the confidence and respect of foreign - ambassadors, and his despatches were characterized by clearness, - sagacity, and boldness. - - "He was not allowed to remain in retirement long. For the last - five years he has been a member of this body, and has been - engaged in discussions that have deeply excited and agitated the - country. He has died amidst them. I had never had any particular - association with Mr. Calhoun, until I became his colleague in - this body. I had looked on his fame as others had done, and - had admired his character. There are those here who know more - of him than I do. I shall not pronounce any such judgment as - may be subject to a controversial criticism. But I will say, - as a matter of justice, from my own personal knowledge, that I - never knew a fairer man in argument or a juster man in purpose. - His intensity allowed of little compromise. While he did not - qualify his own positions to suit the temper of the times, he - appreciated the unmasked propositions of others. As a senator, - he commanded the respect of the ablest men of the body of - which he was a member; and I believe I may say, that where - there was no political bias to influence the judgment, he had - the confidence of his brethren. As a statesman, Mr. Calhoun's - reputation belongs to the history of the country, and I commit - it to his countrymen and posterity. - - "In my opinion, Mr. Calhoun deserves to occupy the first rank as - a parliamentary speaker. He had always before him the dignity of - purpose, and he spoke to an end. From a full mind he expressed - his ideas with clearness, simplicity, and force and in language - that seemed to be the vehicle of his thoughts and emotions. His - thoughts leaped from his mind, like arrows from a well-drawn - bow. They had both the aim and force of a skilful archer. He - seemed to have had little regard for ornament; and when he used - figures of speech, they were only for illustration. His manner - and countenance were his best language; and in these there was - an exemplification of what is meant by action, in that term of - the great Athenian orator and statesman. They served to exhibit - the moral elevation of the man. - - "In speaking of Mr. Calhoun as a man and a neighbor, I hope - I may speak of him in a sphere in which all will like to - contemplate him. Whilst he was a gentleman of striking - deportment, he was a man of primitive tastes and simple manners. - He had the hardy virtues and simple tastes of a republican - citizen. No one disliked ostentation and exhibition more than - he did. When I say he was a _good neighbor_, I imply more than - I have expressed. It is summed up under the word _justice_. - I will venture to say, that no one in his private relations - could ever say that Mr. Calhoun treated him with injustice, - or that he deceived him by professions. His private character - was characterized by a beautiful propriety, and was the - exemplification of truth, justice, temperance, and fidelity to - his engagements." - - - - -CHAPTER CXCII. - -MR. CLAY'S PLAN OF SLAVERY COMPROMISE: MR. BENTON'S SPEECH AGAINST -IT: EXTRACTS. - - -MR. BENTON. It is a bill of thirty-nine sections--forty, save -one--an ominous number; and which, with the two little bills which -attend it, is called a compromise, and is pressed upon us as a -remedy for the national calamities. Now, all this labor of the -committee, and all this remedy, proceed upon the assumption that -the people of the United States are in a miserable, distracted -condition; that it is their mission to relieve this national -distress, and that these bills are the sovereign remedy for that -purpose. Now, in my opinion, all this is a mistake, both as to -the condition of the country, the mission of the committee, and -the efficacy of their remedy. I do not believe in this misery -and distraction, and distress, and strife, of the people. On the -contrary, I believe them to be very quiet at home, attending to -their crops, such of them as do not mean to feed out of the public -crib; and that they would be perfectly happy if the politicians -would only permit them to think so. I know of no distress in the -country, no misery, no strife, no distraction, none of those five -gaping wounds of which the senator from Kentucky made enumeration -on the five fingers of his left hand, and for the healing of which, -all together, and all at once, and not one at a time, like the -little Doctor Taylor, he has provided this capacious plaster in the -shape of five old bills tacked together. I believe the senator and -myself are alike, in this, that each of us has but five fingers -on the left hand; and that may account for the limitation of the -wounds. When the fingers gave out, they gave out; and if there had -been five more fingers, there might have been more wounds--as many -as fingers--and, toes also. I know nothing of all these "gaping -wounds," nor of any distress in the country since we got rid of the -Bank of the United States, and since we got possession of the gold -currency. Since that time I have heard of no pecuniary or business -distress, no rotten currency, no expansions and contractions, no -deranged exchanges, no decline of public stocks, no laborers begging -employment, no produce rotting upon the hands of the farmer, no -property sacrificed at forced sales, no loss of confidence, no three -per centum a month interest, no call for a bankrupt act. Never -were the people--the business-doing and the working people--as -well off as they are to-day. As for political distress, "_it is -all in my eye_." It is all among the politicians. Never were the -political blessings of the country greater than at present: civil -and religious liberty eminently enjoyed; life, liberty, and property -protected; the North and the South returning to the old belief -that they were made for each other; and peace and plenty reigning -throughout the land. This is the condition of the country--happy in -the extreme; and I listen with amazement to the recitals which I -have heard on this floor of strife and contention, gaping wounds and -streaming blood, distress and misery. I feel mystified. The senator -from Kentucky (Mr. Clay), chairman of the committee, and reporter of -the bill, and its pathetic advocate, formerly delivered us many such -recitals, about the times that the tariff was to be increased, the -national bank charter to be renewed, the deposits to be restored, -or a bankrupt act to be passed. He has been absent for some years; -and, on returning among us, seems to begin where he left off. He -treats us to the old dish of distress! Sir, it is a mistake. There -is none of it; and if there was, the remedy would be in the hands of -the people--in the hearts of the people--who love their country, and -mean to take care of it--and not in the contrivances of politicians, -who mistake their own for their country's distresses. It is all -a mistake. It looks to me like a joke. But when I recollect the -imposing number of the committee, and how "distinguished" they all -were, and how they voted themselves free from instructions, and -allowed the Senate to talk, but not to vote, while they were out, -and how long they were deliberating: when I recollect all these -things, I am constrained to believe the committee are in earnest. -And as for the senator himself, the chairman of the committee, the -perfect gravity with which he brought forward his remedy--these -bills and the report--the pathos with which he enforced them, and -the hearty congratulations which he addressed to the Senate, to the -United States, and all mankind on the appointment of his committee, -preclude the idea of an intentional joke on his part. In view of -all this, I find myself compelled to consider this proceeding as -serious, and bound to treat it parliamentarily; which I now proceed -to do. And, in the first place, let us see what it is the committee -has done, and what it is that it has presented to us as the -sovereign remedy for the national distempers, and which we are to -swallow whole--in the lump--all or none--under the penalty of being -treated by the organs as enemies to the country. - -Here are a parcel of old bills, which have been lying upon our -tables for some months, and which might have been passed, each by -itself, in some good form, long ago; and which have been carried -out by the committee, and brought back again, bundled into one, -and altered just enough to make each one worse; and then called a -compromise--where there is nothing to compromise--and supported by -a report which cannot support itself. Here are the California State -admission bill, reported by the committee on territories three -months ago--the two territorial government bills reported by the -same committee at the same time--the Texas compact bill, originated -by me six years ago, and reproduced at the present session--the -fugitive slave recovery bill, reported from the judiciary committee -at the commencement of the session--and the slave trade suppression -bill for this District of Columbia, which is nothing but a revival -of an old Maryland law, in force before the District was created, -and repealed by an old act of Congress. These are the batch--five -bills taken from our files, altered just enough to spoil each, then -tacked together, and christened a compromise, and pressed upon the -Senate as a sovereign remedy for calamities which have no existence. -This is the presentation of the case: and now for the case itself. - -The committee has brought in five old bills, bundled into one, and -requires us to pass them. Now, how did this committee get possession -of these bills? I do not ask for the manual operation. I know that -each senator had a copy on his table, and might carry his copy where -he pleased; but these bills were in the possession of the Senate, -on its calendar--for discussion, but not for decision, while the -committee was out. Two sets of resolutions were referred to the -committee--but not these bills. And I now ask for the law--the -parliamentary law--which enables a committee to consider bills -not referred to it? to alter bills not in their legal power or -possession? to tack bills together which the Senate held separate -on its calendar? to reverse the order of bills on the calendar? -to put the hindmost before, and the foremost behind? to conjoin -incongruities, and to conglomerate individualities? This is what I -ask--for this is what the committee has done; and which, if a point -of order was raised, might subject their bundle of bills to be ruled -off the docket. Sir, there is a custom--a good-natured one--in -some of our State legislatures, to convert the last day of the -session into a sort of legislative saturnalia--a frolic--something -like barring out the master--in which all officers are displaced, -all authorities disregarded, all rules overturned, all license -tolerated, and all business turned topsy-turvy. But then this is -only done on the last day of the session, as a prelude to a general -break-up. And the sport is harmless, for nothing is done; and it is -relieved by adjournment, which immediately follows. Such license -as this may be tolerated; for it is, at least, innocent sport--the -mere play of those "children of a larger growth" which some poet, -or philosopher, has supposed men to be. And it seems to me that -our committee has imitated this play without its reason--taken the -license of the saturnalia without its innocence--made grave work of -their gay sport--produced a monster instead of a merry-andrew--and -required us to worship what it is our duty to kill. - -I proceed to the destruction of this monster. The California bill -is made the scape-goat of all the sins of slavery in the United -States--that California which is innocent of all these sins. It -is made the scape-goat; and as this is the first instance of an -American attempt to imitate that ancient Jewish mode of expiating -national sins, I will read how it was done in Jerusalem, to show how -exactly our committee have imitated that ancient expiatory custom. I -read from an approved volume of Jewish antiquities: - - "The goat being tied in the north-east corner of the court of - the temple, and his head bound with scarlet cloth to signify - sin; the high-priest went to him, and laid his hands on his - head, and confessed over it all the iniquities of the children - of Israel, and all their transgressions in all their sins, - putting them all on the head of the goat. After which, he was - given to the person appointed to lead him away, who, in the - early ages of the custom, led him into the desert, and turned - him loose to die; but as the goat sometimes escaped from the - desert, the expiation, in such cases, was not considered - complete; and, to make sure of his death, the after-custom was - to lead him to a high rock, about twelve miles from Jerusalem, - and push him off of it backwards, to prevent his jumping, the - scarlet cloth being first torn from his head, in token that the - sins of the people were taken away." - -This was the expiation of the scape-goat in ancient Jerusalem: an -innocent and helpless animal, loaded with sins which were not his -own, and made to die for offences which he had never committed. So -of California. She is innocent of all the evils of slavery in the -United States, yet they are all to be packed upon her back, and -herself sacrificed under the heavy load. First, Utah and New Mexico -are piled upon her, each pregnant with all the transgressions of the -Wilmot Proviso--a double load in itself--and enough, without further -weight, to bear down California. Utah and New Mexico are first piled -on; and the reason given for it by the committee is thus stated in -their authentic report: - - "The committee recommend to the Senate the establishment of - those territorial governments; and, in order more effectually - to secure that desirable object, they also recommend that the - bill for their establishment be incorporated in the bill for the - admission of California, and that, united together, they both be - passed." - -This is the reason given in the report: and the first thing that -strikes me, on reading it, is its entire incompatibility with the -reasons previously given for the same act. In his speech in favor -of raising the committee, the senator from Kentucky [Mr. Clay] was -in favor of putting the territories upon California for her own -good, for the good of California herself--as the speedy way to -get her into the Union, and the safe way to do it, by preventing -an opposition to her admission which might otherwise defeat it -altogether. This was his reason then, and he thus delivered it to -the Senate: - - "He would say now to those who desired the speedy admission of - California, the shortest and most expeditious way of attaining - the desired object was to include her admission in a bill giving - governments to the territories. He made this statement because - he was impelled to do so from what had come to his knowledge. - If her admission as a separate measure be urged, an opposition - is created which may result in the defeat of any bill for her - admission." - -These are the reasons which the senator then gave for urging -the conjunction of the State and the territories--quickest and -safest for California: her admission the supreme object, and -the conjunction of the territories only a means of helping her -along and saving her. And, unfounded as I deemed these reasons at -the time, and now know them to be, they still had the merit of -giving preference where it was due--to the superior object--to -California herself, a State, without being a State of the Union, -and suffering all the ills of that anomalous condition. California -was then the superior object: the territories were incidental -figures and subordinate considerations, to be made subservient -to her salvation. Now all this is reversed. The territories -take the superior place. They become the object: the State the -incident. They take the first--she the second place! And to make -sure of their welfare--make more certain of giving governments to -them--_innuendo_, such governments as the committee prescribe--the -conjunction is now proposed and enforced. This is a change of -position, with a corresponding change of reasons. Doubtless the -senator from Kentucky has a right to change his own position, and -to change his reasons at the same time; but he has no right to ask -other senators to change with him, or to require them to believe -in two sets of reasons, each contradictory to the other. It is my -fortune to believe in neither. I did not believe in the first set -when they were delivered; and time has shown that I was right. Time -has disposed of the argument of speed. That reason has expired -under the lapse of time. Instead of more speedy, we all now know -that California has been delayed three months, waiting for this -conjunction: instead of defeat if she remained single, we all know -now that she might have been passed singly before the committee was -raised, if the senator from Kentucky had remained on his original -ground, on my side; and every one knows that the only danger to -California now comes from the companionship into which she has been -forced. I do not believe in either set of reasons. I do not admit -the territorial governments to be objects of superior interest to -the admission of California. I admit them to be objects of interest, -demanding our attention, and that at this session; but not at the -expense of California, nor in precedence of her, nor in conjunction -with her, nor as a condition for her admission. She has been delayed -long, and is now endangered by this attempt to couple with her the -territories, with which she has no connection, and to involve her -in the Wilmot Proviso question, from which she is free. The senator -from Kentucky has done me the favor to blame me for this delay. He -may blame me again when he beholds the catastrophe of his attempted -conjunctions; but all mankind will see that the delay is the result -of his own abandonment of the position which he originally took with -me. The other reason which the senator gave in his speech for the -conjunction is not repeated in the report--the one which addressed -itself to our nervous system, and menaced total defeat to California -if urged in a bill by herself. He has not renewed that argument to -our fears, so portentously exhibited three months ago; and it may be -supposed that that danger has passed by, and that Congress is now -free. But California is not bettered by it, but worsted. Then it was -only necessary to her salvation that she should be joined to the -territories; so said the speech. Now she is joined to Texas also; -and must be damned if not strong enough to save Texas, and Utah, and -New Mexico, and herself into the bargain! - -United together, the report says, the bills will be passed together. -That is very well for the report. It was natural for it to say so. -But, suppose they are rejected together, and in consequence of -being together: what is, then, the condition of California? First, -she has been delayed three months, at great damage to herself, -waiting the intrusive companionship of this incongruous company. -Then she is sunk under its weight. Who, then, is to blame--the -senator from Kentucky or the senator from Missouri? And if -opposition to this indefinite postponement shall make still further -delay to California, and involve her defeat in the end, who then -is to be blamed again? I do not ask these questions of the senator -from Kentucky. It might be unlawful to do so: for, by the law of the -land, no man is bound to criminate himself. - -Mr. CLAY (from his seat). I do not claim the benefit of the law. - -Mr. BENTON. No; a high-spirited man will not claim it. But the law -gives him the privilege; and, as a law-abiding and generous man, I -give him the benefit of the law whether he claims it or not. But I -think it is time for him to begin to consider the responsibility -he has incurred in quitting his position at my side for California -single, and first, to jumble her up in this crowd, where she is sure -to meet death, come the vote when it will. I think it is time for -him to begin to think about submitting to a mis-trial! withdraw a -juror, and let a _venire facias de novo_ be issued. - -But I have another objection to this new argument. The territorial -government bills are now the object; and to make more certain of -these bills they are put into the California bill, to be carried -safe through by it. This is the argument of the report; and it is -a plain declaration that one measure is to be forced to carry the -other. This is a breach of parliamentary law--that law upon the -existence of which the senator from Kentucky took an issue with -me, and failed to maintain his side of it. True, he made a show of -maintaining it--ostentatiously borrowing a couple of my books from -me, in open Senate, to prove his side of the case; and taking good -care not to open them, because he knew they would prove my side of -it. Then he quoted that bill for the "relief of John Thompson, and -for other purposes," the reading of which had such an effect upon -the risible susceptibilities of that part of our spectators which -Shakspeare measures by the quantity, and qualifies as barren! Sir, -if the senator from Kentucky had only read us Dr. Franklin's story -of John Thompson and his hat-sign, it would have been something--a -thing equally pertinent as argument, and still more amusing as -anecdote. The senator, by doing that much, admitted his obligation -to maintain his side of the issue: by doing no more, he confessed -he could not. And now the illegality of this conjunction stands -confessed, with the superaddition of an avowed condemnable motive -for it. The motive is--so declared in the report--to force one -measure to carry the other--the identical thing mentioned in all the -books as the very reason why subjects of different natures should -not be tacked together. I do not repeat what I have heretofore -said on this point: it will be remembered by the Senate: and its -validity is now admitted by the attempt, and the failure, to -contest it. It is compulsory legislation, and a flagrant breach of -parliamentary law, and of safe legislation. It is also a compliment -of no equivocal character to a portion of the members of this -Chamber. To put two measures together for the avowed purpose of -forcing one to carry the other, is to propose to force the friends -of the stronger measure to take the weak one, under the penalty of -losing the stronger. It implies both that these members cannot be -trusted to vote fairly upon one of the measures, or that an unfair -vote is wanted from them; and that they are coercible, and ought -to be coerced. This is the compliment which the compulsory process -implies, and which is as good as declared in this case. It is a -rough compliment, but such a one as "distinguished senators"--such -as composed this committee--may have the prerogative to offer to -the undistinguished ones: but then these undistinguished may have -the privilege to refuse to receive it--may refuse to sanction the -implication, by refusing to vote as required--may take the high -ground that they are not coercible, that they owe allegiance, not -to the committee, but to honor and duty; and that they can trust -themselves for an honest vote, in a bill by itself, although the -committee cannot trust them! But, stop! Is it _a_ government or -_the_ government which the committee propose to secure by coercion? -Is it _a_ government, such as a majority of the Senate may agree -upon? or is it _the_ government, such as a majority of the committee -have prescribed? If the former, why not leave the Senate to free -voting in a separate bill? if the latter, will the Senate be -coerced? will it allow a majority of the committee to govern the -Senate?--seven to govern sixty? Sir! it is the latter--so avowed; -and being the first instance of such an avowal, it should meet a -reception which would make it the last. - -Mr. President: all the evils of incongruous conjunctions are -exemplified in this conjunction of the territorial government bills -with the California State admission bill. They are subjects not -only foreign to each other, but involving different questions, -and resting upon principles of different natures. One involves -the slavery and anti-slavery questions: the other is free from -them. One involves constitutional questions: the other does not. -One is a question of right, resting upon the constitution of the -United States and the treaty with Mexico: the other is a question -of expediency, resting in the discretion of Congress. One is the -case of a State, asking for an equality of rights with the other -States: the other is a question of territories, asking protection -from States. One is a sovereignty--the other a property. So that, -at all points, and under every aspect, the subjects differ; and it -is well known that there are senators here who can unite in a vote -for the admission of California, who cannot unite in any vote for -the territorial governments; and that, because these governments -involve the slavery questions, from all which the California bill -is free. That is the rock on which men and parties split here. Some -deny the power of Congress _in toto_ over the subject of slavery in -territories: such as these can support no bill which touches that -question one way or the other. Others admit the power, but deny the -expediency of its exercise. Others again claim both the power and -the exercise. Others again are under legislative instructions--some -to vote one way, some the other. Finally, there are some opposed to -giving any governments at all to these territories, and in favor -of leaving them to grow up of themselves into future States. Now, -what are the senators, so circumstanced, to do with these bills -conjoined? Vote for all--and call it a compromise! as if oaths, -duty, constitutional obligation, and legislative instructions, were -subjects of compromise. No! rejection of the whole is the only -course; and to begin anew, each bill by itself, the only remedy. - -The conjunction of these bills illustrates all the evils of joining -incoherent subjects together. It presents a revolting enormity, -of which all the evils go to an innocent party, which has done -all in its power to avoid them. But, not to do the Committee of -Thirteen injustice, I must tell that they have looked somewhat to -the interest of California in this conjunction, and proposed a -compensating advantage to her; of which kind consideration they are -entitled to the credit in their own words. This, then, is what they -propose for her: - - "As for California--far from feeling her sensibility affected - by her being associated with other kindred measures--she ought - to rejoice and be highly gratified that, in entering into - the Union, she may have contributed to the tranquillity and - happiness of the great family of States, of which it is to be - hoped she may one day be a distinguished member." - -This is the compensation proposed to California. She is to rejoice, -and be highly gratified. She is to contribute to the tranquillity -and happiness of the great family of States, and thereby become -tranquil and happy herself. And she is one day, it is hoped, to -become a distinguished member of this confederacy. This is to -be her compensation--felicity and glory! Prospective felicity, -and contingent glory. The felicity rural--rural felicity--from -the geographical position of California--the most innocent and -invigorating kind of felicity. The glory and distinction yet to be -achieved. Whether California will consider these anticipations ample -compensation for all the injuries of this conjunction--the long -delay, and eventual danger, and all her sufferings at home in the -mean time--will remain for herself to say. For my part, I would not -give one hour's duration of actual existence in this Union for a -whole eternity of such compensation; and such, I think, will be the -opinion of California herself. Life, and present relief from actual -ills, is what she wants. Existence and relief, is her cry! And for -these she can find no compensation in the illusions of contributing -to the tranquillity of States which are already tranquil, the -happiness of people who are already happy, the settlement of -questions in which she has no concern, and the formation of -compromises which breed new quarrels in assuming to settle old ones. - -With these fine reasons for tacking Utah and New Mexico to -California, the committee proceed to pile a new load upon her -back. Texas next appears in the committee's plan, crammed into -the California bill, with all her questions of debt and boundary, -dispute with New Mexico, division into future States, cession of -territory to the United States, amount of compensation to be given -her, thrust in along with her! A compact with one State put into -a law for the life of another! And a veto upon the admission of -California given to Texas! This is a monstrosity of which there is -no example in the history of our legislation, and for the production -of which it is fair to permit the committee to speak for themselves. - -These are the reasons of the committee, and they present grave -errors in law, both constitutional and municipal, and of geography -and history. They assume a controversy between New Mexico and Texas. -No such thing. New Mexico belongs to the United States, and the -controversy is with the United States. They assume there is no way -to settle this controversy but by a compact with Texas. This is -another great mistake. There are three ways to settle it: first, -and best, by a compact; secondly, by a suit in the Supreme Court of -the United States; thirdly, by giving a government to New Mexico -according to her actual extent when the United States acquired her, -and holding on to that until the question of title is decided, -either amicably by compact, or legally by the Supreme Court. The -fundamental error of the committee is in supposing that New Mexico -is party to this controversy with Texas. No such thing. New Mexico -is only the _John Doe_ of the concern. That error corrected, and -all the reasoning of the committee falls to the ground. For the -judicial power of the United States extends to all controversies to -which the United States are party; and the original jurisdiction of -the Supreme Court extends to all cases to which a State is a party. -This brings the case bang up at once within the jurisdiction of the -Supreme Court, without waiting for the consent of Texas, or waiting -for New Mexico to grow up into a State, so as to have a suit between -two States; and so there is no danger of collision, as the committee -suppose, and make an argument for their bill, in the danger there is -to New Mexico from this apprehended collision. If any takes place it -will be a collision with the United States, to whom the territory -of New Mexico belongs; and she will know how to prevent this -collision, first, by offering what is not only just, but generous to -Texas; and next, in defending her territory from invasion, and her -people from violence. - -These are the reasons for thrusting Texas, with all her multifarious -questions, into the California bill; and, reduced to their essence, -they argue thus: Utah must go in, because she binds upon California; -New Mexico must go in, because she binds upon Utah; and Texas must -go in, because she binds upon New Mexico. And thus poor California -is crammed and gorged until she is about in the condition that -Jonah would have been in, if he had swallowed the whale, instead of -the whale swallowing him. This opens a new chapter in legislative -ratiocination. It substitutes contiguity of territory for congruity -of matter, and makes geographical affinities the rule of legislative -conjunctions. Upon that principle the committee might have gone -on, cramming other bills into the California bill, all over the -United States; for all our territory is binding in some one part -upon another. Upon that principle, the District of Columbia slave -trade suppression bill might have been interjected; for, though not -actually binding upon Texas, yet it binds upon land that binds upon -land that does bind upon her. So of the fugitive slave bill. For, -let the fugacious slave run as far as he may, he must still be on -land; and that being the case, the territorial contiguity may be -established which justifies the legislative conjunction. - -Mr. President, the moralist informs us that there are some subjects -too light for reason--too grave for ridicule; and in such cases the -mere moralist may laugh or cry, as he deems best. But not so with -the legislator--his business is not laughing or crying. Whimpering, -or simpering, is not his mission. Work is his vocation, and gravity -his vein; and in that vein I proceed to consider this interjection -of Texas, with all her multifarious questions, into the bowels of -the California bill. - -In the first place, this Texas bill is a compact, depending for its -validity on the consent of Texas, and is put into the California -bill as part of a compromise and general settlement of all the -slavery questions; and, of course, the whole must stand together, -or fall together. This gives Texas a veto upon the admission of -California. This is unconstitutional, as well as unjust; for by -the constitution, new States are to be admitted by Congress, and -not by another State; and, therefore, Texas should not have a veto -upon the admission of California. In the next place, Texas presents -a great many serious questions of her own--some of them depending -upon a compact already existing with the United States, many of them -concerning the United States, one concerning New Mexico, but no one -reaching to California. She has a question of boundary nominally -with New Mexico, in reality with the United States, as the owner of -New Mexico; and that might be a reason for joining her in a bill, -so far as that boundary is concerned, with New Mexico; but it can -be no reason for joining her to California. The western boundary of -Texas is the point of collision with New Mexico; and this plan of -the committee, instead of proposing a suitable boundary between them -adapted to localities, or leaving to each its actual possessions, -disturbing no interest, until the decision of title upon the -universal principle of _uti possidetis_; instead of these obvious -and natural remedies, the plan of the committee cuts deep into the -actual possessions of the United States in New Mexico--rousing the -question which the committee professes to avoid, the question of -extending slavery, and so disturbing the whole United States. - -And here I must insist on the error of the committee in -constitutional and municipal law, before I point out their mistakes -in geography and history. They treat New Mexico as having a -controversy with Texas--as being in danger of a collision with -her--and that a compact with Texas to settle the boundary between -them is the only way to settle that controversy and prevent that -collision. Now, all this is a mistake. The controversy is not with -New Mexico, but with the United States, and the judicial power -of the United States has jurisdiction of it. Again, possession -is title until the right is tried; and the United States having -the possession, may give a government at once according to the -possession; and then wait the decision of title. - -I avoid all argument about right--the eventual right of Texas to any -part of what was New Mexico before the existence of Texas. I avoid -that question. Amicable settlement of contested claim, and not -adjudication of title, is now my object. I need no argument from any -quarter to satisfy me that the Texas questions ought to be settled. -I happened to know that before Texas was annexed, and brought in -bills and made speeches for that purpose at that time. I brought -in such bills six years ago, and again at the present session; and -whenever presented single, either by myself or any other person, I -shall be ready to give it a generous consideration; but, as part of -the California bill, I wash my hands of it. - -I am against disturbing actual possession, either that of New -Mexico or of Texas; and, therefore, am in favor of leaving to each -all its population, and an ample amount of compact and homogeneous -territory. With this view, all my bills and plans for a divisional -line between New Mexico and Texas--whether of 1844 or 1850--left -to each all its settlements, all its actual possessions, all its -uncontested claim; and divided the remainder by a line adapted -to the geography and natural divisions of the country, as well -as suitable to the political and social condition of the people -themselves. This gave a longitudinal line between them; and the -longitude of 100 degrees in my bill of 1844, and 102 degrees in -my bill of 1850--and both upon the same principle of leaving -possessions intact, Texas having extended her settlements in the -mean time. The proposed line of the committee violates all these -conditions. It cuts deep and arbitrarily into the actual possessions -of New Mexico, such as she held them before Texas had existence; -and so conforms to no principle of public policy, private right, -territorial affinity, or local propriety. It begins on the Rio del -Norte, twenty miles in a straight line above El Paso, and thence, -diagonally and northeastwardly, to the point where the Red River -crosses the longitude of 100 deg. Now this beginning, twenty miles -above El Paso, is about three hundred miles in a straight line -(near six hundred by the windings of the river) above the ancient -line of New Mexico; and this diagonal line to the Red River cuts -about four hundred miles in a straight line through the ancient -New Mexican possessions, cutting off about seventy thousand square -miles of territory from New Mexico, where there is no slavery, and -giving it to Texas where there is. This constitutes a more serious -case of _tacking_ than even that of sticking incongruous bills -together, and calls for a most considerate examination of all the -circumstances it involves. I will examine these circumstances, first -making a statement, and then sustaining it by proof. - -El Paso, above which the Texas boundary is now proposed to be -placed by the committee, is one of the most ancient of the New -Mexican towns, and to which the Spaniards of New Mexico retreated -in the great Indian revolt in 1680, and made their stand, and -thence recovered the whole province. It was the residence of the -lieutenant-governor of New Mexico, and the most southern town of the -province, as Taos was the most northern. Being on the right bank -of the river, the dividing line between the United States and the -Republic of Mexico leaves it out of our limits, and consequently out -of the present limits of New Mexico; but New Mexico still extends -to the Rio del Norte at the Paso; and therefore this beginning line -proposed by the committee cuts into the ancient possession of New -Mexico--a possession dating from the year 1595. That line in its -course to the Red River, cuts the river and valley of the Puerco -(called Pecos in the upper part) into two parts, leaving the lower -and larger part to Texas; the said Rio Puerco and its valley, from -head to mouth, having always been a part of New Mexico, and now -in its actual possession. Putting together what is cut from the -Puerco, and from the Del Norte above and below El Paso, and it -would amount to about seventy thousand square miles, to be taken -by the committee's line from its present and ancient possessor, -and transferred to a new claimant. This is what the new line would -do, and in doing it would raise the question of the extension of -slavery, and of its existence at this time, by law, in New Mexico as -a part of Texas. - -To avoid all misconception, I repeat what I have already declared, -that I am not occupying myself with the question of title as it may -exist and be eventually determined between New Mexico and Texas; -nor am I questioning the power of Congress to establish any line it -pleases in that quarter for the State of Texas, with the consent of -the State, and any one it pleases for the territory of New Mexico -without her consent. I am not occupying myself with the questions of -title or power, but with the question of possession only--and how -far the possession of New Mexico is to be disturbed, if disturbed -at all, by the committee's line; and the effect of that disturbance -in rousing the slavery question in that quarter. In that point of -view the fact of possession is every thing: for the possessor has a -right to what he holds until the question of title is decided--by -law, in a question between individuals or communities in a land -of law and order--or by negotiation or arms between independent -Powers. I use the phrase, possession by New Mexico; but it is only -for brevity, and to give locality to the term possession. New Mexico -possesses no territory; she is a territory, and belongs to the -United States; and the United States own her as she stood on the -day of the treaty of peace and cession between the United States -and the Republic of Mexico; and it is into that possession that I -inquire, and all which I assert that the United States have a right -to hold until the question of title is decided. And to save inquiry -or doubt, and to show that the committee are totally mistaken in -law in assuming the consent of Texas to be indispensable to the -settlement of the title, I say there are three ways to settle it; -the first and best by compact, as I proposed before Texas was -annexed, and again by a bill of this year: next, by a suit in the -Supreme Court, under that clause in the constitution which extends -the judicial power of the United States to all controversies to -which the United States is a party, and that other clause which -gives the Supreme Court original jurisdiction of all cases to which -a State is a party: the third way is for the United States to give -a government to New Mexico according to the territory she possessed -when she was ceded to the United States. These are the three ways to -settle the question--one of them totally dependent on the will of -Texas--one totally independent of her will--and one independent of -her will until she chooses to go into court. As to any thing that -Texas or New Mexico may do in taking or relinquishing possession, it -is all moonshine. New Mexico is a territory of the United States. -She is the property of the United States; and she cannot dispose -of herself, or any part of herself; nor can Texas take her or any -part of her. She is to stand as she did the day the United States -acquired her; and to that point all my examinations are directed. - -And in that point of view it is immaterial what are the boundaries -of New Mexico. The whole of the territory obtained from Mexico, and -not rightfully belonging to a State, belongs to the United States; -and, as such, is the property of the United States, and to be -attended to accordingly. But I proceed with the possession of New -Mexico, and show that it has been actual and continuous from the -conquest of the country by Don Juan de Onate, in 1595 to the present -time. That ancient actual possession has already been shown at the -starting point of the line--at El Paso del Norte. I will now show it -to be the same throughout the continuation of the line across the -Puerco and its valley, and at some points on the left bank of the -Del Norte below El Paso. And first, of the Puerco River. It rises -in the latitude of Santa Fe, and in its immediate neighborhood, -only ten miles from it, and running south, falls into the Rio del -Norte, about three hundred miles on a straight line below El Paso, -and has a valley of its own between the mountain range on the west, -which divides it from the valley of the Del Norte, to which it is -parallel, and the high arid table land on the east called El Llano -Estacado--the Staked Plain--which divides it from the head waters of -the Red River, the Colorado, the Brasos, and other Texian streams. -It is a long river, its head being in the latitude of Nashville--its -mouth a degree and a half south of New Orleans. It washes the base -of the high table land, and receives no affluents, and has no valley -on that side; on the west it has a valley, and many bold affluents, -coming down from the mountain range (the Sierra Obscura, the Sierra -Blanca, and the Sierra de los Organos), which divides it from the -valley of the upper Del Norte. It is valuable for its length, being -a thousand miles, following its windings--from its course, which -is north and south--from the quality of its water, derived from -high mountains--from its valley, timbered and grassy, part prairie, -good for cultivation, for pasturage, and salt. It has two climates, -cold in the north from its altitude (seven thousand feet)--mild -in the south from its great descent, not less than five thousand -feet, and with a general amelioration of climate over the valley of -the Del Norte from its openness on the east, and mountain shelter -on the west. It is a river of New Mexico, and is so classified in -geography. It is an old possession of New Mexico and the most -valuable part of it, and has many of her towns and villages upon -it. Las Vegas, Gallinas, Tecolote Abajo, Cuesta, Pecos, San Miguel, -Anton Chico, Salinas, Gran Quivira, are all upon it. Some of these -towns date their origin as far back as the first conquest of the -Taos Indians, about the year 1600, and some have an historical -interest, and a special relation to the question of title between -New Mexico and Texas. Pecos is the old village of the Indians of -that name, famous for the sacred fire so long kept burning there for -the return of Montezuma. Gran Quivira was a considerable mining town -under the Spaniards before the year 1680, when it was broken up in -the great Indian revolt of that year. - -San Miguel, twenty miles from Santa Fe, is the place where the -Texian expedition, under Colonel Cooke, were taken prisoners in 1841. - -To all these evidences of New Mexican possession of the Rio Puerco -and its valley, is to be added the further evidence resulting from -acts of ownership in grants of land made upon its upper part, as -in New Mexico, by the superior Spanish authorities before the -revolution, and by the Mexican local authorities since. The lower -half was ungranted, and leaves much vacant land, and the best in the -country, to the United States. - -The great pastoral lands of New Mexico are in the valley of the -Puerco, where millions of sheep were formerly pastured, now reduced -to about two hundred thousand by the depredation of the Indians. The -New Mexican inhabitants of the Del Norte send their flocks there to -be herded by shepherds, on shares; and in this way, and by taking -their salt there, and in addition to their towns and settlements, -and grants of lands, the New Mexicans have had possession of the -Puerco and its valley since the year 1600--that is to say, for about -one hundred years before the shipwreck of La Salle, in the bay of -San Bernardo, revealed the name of Texas to Europe and America. - -These are the actual possessions of New Mexico on the Rio Puerco. -On the Rio del Norte, as cut off by the committee's bill, there -are, the little town of Frontera, ten miles above El Paso, a town -begun opposite El Paso, San Eleazario, twenty miles below, and some -houses lower down opposite El Presidio del Norte. Of all these, San -Eleazario is the most considerable, having a population of some -four thousand souls, once a town of New Biscay, now of New Mexico, -and now the property of the United States by avulsion. It is an -island; and the main river, formerly on the north and now on the -south of the island, leaves it in New Mexico. When Pike went through -it, it was the most northern town, and the frontier garrison of New -Biscay; and there the then lieutenant-governor of New Mexico, who -had escorted him from El Paso, turned him over to the authorities -of a new province. It is now the most southern town of New Mexico, -without having changed its place, but the river which disappeared -from its channel in that place, in 1752, has now changed it to the -south of the island. - -I reiterate: I am not arguing title; I am only showing possession, -which is a right to remain in possession until title is decided. -The argument of title has often been introduced into this question; -and a letter from President Polk, through Secretary Buchanan, has -often been read on the Texian side. Now, what I have to say of that -letter, so frequently referred to, and considered so conclusive, is -this: that, however potent it may have been in inducing annexation, -or how much soever it may be entitled to consideration in fixing the -amount to be paid to Texas for her Mexican claim, yet as an evidence -of title, I should pay no more regard to it than to a chapter -from the life and adventures of Robinson Crusoe. Congress and the -judiciary are the authorities to decide such claims to titles, and -not Presidents and secretaries. - -I rest upon the position, then, that the Rio Puerco, and its valley, -is and was a New Mexican possession, as well as the left bank of the -Del Norte, from above El Paso to below the mouth of the Puerco; and -that this possession cannot be disturbed without raising the double -question, first, of actual extension of slavery; and, secondly, of -the present legal existence of slavery in all New Mexico east of the -Rio Grande, as a part of Texas. These are the questions which the -proposed line of the committee raise, and force us to face. They are -not questions of my seeking, but I shall not avoid them. It is not a -new question with me, this extension of slavery in that quarter. I -met it in 1844, before the annexation of Texas. On the 10th day of -June, of that year, and as part of a bill for a compact with Texas, -and to settle all questions with her--the very ones which now -perplex us--before she was annexed, I proposed, as article V. in the -projected compact: - - ART. V. "The existence of slavery to be for ever prohibited - in that part of the annexed territory which lies west of - the hundredth degree of longitude west from the meridian of - Greenwich." - -This is what I proposed six years ago, and as one in a series of -propositions to be offered to Texas and Mexico for settling all -questions growing out of the projected annexation beforehand. -They were not adopted. Immediate annexation, without regard to -consequences, was the cry; and all temperate counsels were set -down to British traitors, abolitionists, and whigs. Well! we have -to regard consequences now--several consequences: one of which is -this large extension of slavery, which the report and conglomerate -bills of the Committee of Thirteen force us to face. I did so six -years ago, and heard no outbreak against my opinions then. But my -opposition to the extension of slavery dates further back than -1844--forty years further back; and as this is a suitable time for -a general declaration, and a sort of general conscience delivery, -I will say that my opposition to it dates from 1804, when I was a -student at law in the State of Tennessee, and studied the subject -of African slavery in an American book--a Virginia book--Tucker's -edition of Blackstone's Commentaries. And here it is (holding -up a volume and reading from the title-page): "_Blackstone's -Commentaries, with notes of reference to the Constitution and -laws of the Federal Government of the United States, and of the -Commonwealth of Virginia, in five volumes, with an appendix to each -volume containing short tracts, as appeared necessary to form a -connected view of the laws of Virginia as a member of the Federal -Union. By St. George Tucker, Professor of Law in the University -of William and Mary, and one of the Judges of the General Court -in Virginia._" In this American book--this Virginia edition of an -English work--I found my principles on the subject of slavery. -Among the short tracts in the appendices, is one of fifty pages -in the appendix to the first volume, second part, which treats of -the subject of African slavery in the United States, with a total -condemnation of the institution, and a plan for its extinction -in Virginia. In that work--in that school--that old Virginia -school which I was taught to reverence--I found my principles on -slavery: and adhere to them. I concur in the whole essay, except -the remedy--gradual emancipation--and find in that remedy the -danger which the wise men of Virginia then saw and dreaded, but -resolved to encounter, because it was to become worse with time: -the danger to both races from so large an emancipation. The men of -that day were not enthusiasts or fanatics: they were statesmen and -philosophers. They knew that the emancipation of the black slave -was not a mere question between master and slave--not a question -of property merely--but a question of white and black--between -races; and what was to be the consequence to each race from a large -emancipation.[10] And there the wisdom, not the philanthropy, -of Virginia balked fifty years ago; there the wisdom of America -balks now. And here I find the largest objection to the extension -of slavery--to planting it in new regions where it does not now -exist--bestowing it on those who have it not. The incurability of -the evil is the greatest objection to the extension of slavery. It -is wrong for the legislator to inflict an evil which can be cured: -how much more to inflict one that is incurable, and against the -will of the people who are to endure it for ever! I quarrel with no -one for supposing slavery a blessing: I deem it an evil: and would -neither adopt it nor impose it on others. Yet I am a slaveholder, -and among the few members of Congress who hold slaves in this -District. The French proverb tells us that nothing is new but what -has been forgotten. So of this objection to a large emancipation. -Every one sees now that it is a question of races, involving -consequences which go to the destruction of one or the other: it -was seen fifty years ago, and the wisdom of Virginia balked at it -then. It seems to be above human wisdom. But there is a wisdom above -human! and to that we must look. In the mean time, not extend the -evil. - - [10] "It may be asked why not retain the blacks among us, and - incorporate them into the State. Deep-rooted prejudices entertained - by the whites; ten thousand recollections of the blacks of - the injuries they have sustained; new provocations; the real - distinctions which nature has made; and many other circumstances, - will divide us into parties, and produce convulsions, which will - probably never end but in the extermination of one or the other - race."--_Jefferson._ - -In refusing to extend slavery into these seventy thousand square -miles, I act in conformity not only to my own long-established -principles, but also in conformity to the long-established practice -of Congress. Five times in four years did Congress refuse the prayer -of Indiana for a temporary suspension of the anti-slavery clause of -the ordinance of '87. On the 2d of March, 1803, Mr. Randolph, of -Roanoke, as chairman of the committee to which the memorial praying -the suspension was referred, made a report against it, which was -concurred in by the House. This is the report: - - "That the rapid population of the State of Ohio, sufficiently - evinces, in the opinion of your committee, that the labor of - slaves is not necessary to promote the growth and settlement - of colonies in that region. That this labor, demonstrably - the dearest of any, can only be employed to advantage in the - cultivation of products more valuable than any known to that - quarter of the United States: that the committee deem it - highly dangerous and inexpedient to impair a provision wisely - calculated to promote the happiness and prosperity of the - north-western country, and to give strength and security to that - extensive frontier. In the salutary operation of this sagacious - and benevolent restraint, it is believed that the inhabitants of - Indiana will, at no very distant day, find ample remuneration - for a temporary privation of labor and of emigration." - -This report of Mr. Randolph was in 1803: the next year, March, 1804, -a different report, on the same prayer, was made by a committee -of which Mr. Rodney, of Delaware, was chairman. It recommended a -suspension of the anti-slavery clause for ten years: it was not -concurred in by the House. Two years afterwards, February, 1806, a -similar report, recommending suspension for ten years, was made by -a committee of which Mr. Garnett, of Virginia, was chairman: it met -the same fate--non-concurrence. The next year, 1807, both Houses -were tried. In February of that year, a committee of the House, of -which Mr. Parke was chairman, reported in favor of the indefinite -suspension of the clause: the report was not concurred in. And in -November of that year, Mr. Franklin, of North Carolina, as chairman -of a committee of the Senate, made a report against the suspension, -which was concurred in by the Senate, and unanimously, as it would -seem from the journal, there being no division called for. Thus, -five times in four years, the respective Houses of Congress refused -to admit even a temporary extension, or rather re-extension of -slavery into Indiana territory, which had been before the ordinance -of '87 a slave territory, holding many slaves at Vincennes. These -five refusals to suspend the ordinance of '87, were so many -confirmations of it. All the rest of the action of Congress on the -subject, was to the same effect or stronger. The Missouri compromise -line was a curtailment of slave territory; the Texas annexation -resolutions were the same; the ordinance of '87 itself, so often -confirmed by Congress, was a curtailment of slave territory--in -fact, its actual abolition; for it is certain that slavery existed -in fact in the French settlements of the Illinois at that time; and -that the ordinance terminated it. I acted then in conformity to -the long, uniformly established policy of Congress, as well as in -conformity to my own principles, in refusing to vote the extension -of slavery, which the committee's line would involve. - -And here, it does seem to me that we, of the present day, mistake -the point of the true objection to the extension of slavery. We look -at it as it concerns the rights, or interests, of the inhabitants of -the States! and not as it may concern the people to whom it is to -be given! and to whom it is to be an irrevocable gift--to them, and -posterity! Mr. Randolph's report, in the case of Indiana, took the -true ground. It looked to the interests of the people to whom the -slavery was to go, and refused them an evil, although they begged -for it. - -This is a consequence which the committee's bill involves, and from -which there is no escape but in the total rejection of their plan, -and the adoption of the line which I propose--the longitudinal -line of 102--which, corresponding with ancient title and actual -possession, avoids the question of slavery in either country: which, -leaving the population of each untouched, disturbs no interest, -and which, in splitting the high sterile table land of the Staked -Plain, conforms to the natural division of the country, and leaves -to each a natural frontier, and an ample extent of compact and -homogeneous territory. To Texas is left all the territory drained by -all the rivers which have their mouths within her limits, whether -those mouths are in the Gulf of Mexico, the Mississippi, or the Rio -Grande: to New Mexico is left the whole course of the Rio Puerco -and all its valley: and which, added to the valley of the Del -Norte, will make a State of the first class in point of territory, -susceptible of large population and wealth, and in a compact form, -capable of defence against Indians. The Staked Plain is the natural -frontier of both countries. It is a dividing wall between systems -of waters and systems of countries. It is a high, sterile plain, -some sixty miles wide upon some five hundred long, running north and -south, its western declivity abrupt, and washed by the Puerco at its -base: its eastern broken into chasms--canones--from which issue the -myriad of little streams which, flowing towards the rising sun, form -the great rivers--Red River, Brasos, Colorado, Nueces, which find -their outlet in the Mississippi or in the Gulf of Mexico. It is a -salient feature in North American geography--a table of land sixty -miles wide, five hundred long, and some thousands of feet above the -level of the sea--and sterile, level, without a shrub, a plant, or -grass, and presenting to the traveller a horizon of its own like -the ocean. Without a landmark to guide the steps of the traveller -across it, the early hunters and herdsmen of New Mexico staked their -course across it, and hence its name, _El Llano Estacado_--the -Staked Plain. It is a natural frontier between New Mexico and Texas; -and for such a line, quieting all questions between them, all with -the United States, yielding near two hundred thousand square miles -of territory to the United States and putting into her hands the -means of populating and defending New Mexico by giving lands to -settlers and defenders--I am ready to vote the fifteen millions -which my bill fairly and openly proposes. For the line in this bill -I would not give a copper. But it would be a great error to suppose -I would give fifteen millions for the territory in dispute between -New Mexico and Texas. That disputed territory is only a small part -of what the Texian cession would be. It would embrace four degrees -of latitude on the north of Texas, and a front of a thousand miles -on the Arkansas, and would give to the United States territory -indispensable to her--to the population and defence both of New -Mexico and Utah, in front of both which this part of Texas lies. - -The committee, in their report, and the senator from Kentucky [Mr. -Clay], in his speech, are impressive in their representations in -favor of giving governments to New Mexico and the remaining part of -California. I join them in all they say in favor of the necessity -of these governments, and the duty of Congress to give them. But -this bill is not the way to give it. These governments are balked -by being put into this bill. They not only impede California, but -themselves. The conjunction is an injury to both. They mutually -delay and endanger each other. And it is no argument in favor of -the conjunction to say that the establishment of a government for -New Mexico requires the previous settlement of her eastern boundary -with Texas. That is no argument for tacking Texas, with all her -multifarious questions, even to New Mexico, much less to California. -It is indeed very desirable to settle that boundary, and to settle -it at once, and for ever; but it is not an indispensability to -the creation of a government for New Mexico. We have a right to -a government according to her possession; and that we can give -her, to continue till the question of title is decided. The _uti -possidetis_--as you possess--is the principle to govern our -legislation--the principle which gives the possessor a right to the -possession until the question of title is decided. This principle -is the same both in national and municipal law--both in the case -of citizens or communities of the same government and between -independent nations. The mode of decision only is different. Between -independent nations it is done by negotiation or by arms: between -citizens or communities of the same government, it is done by law. -Independent nations may invade and fight each other for a boundary: -citizens or communities of the same government cannot. And the party -that shall attempt it commits a violation of law and order; and the -government which permits such violation is derelict of its duty. - -I have now examined, so far as I propose to do it on a motion for -indefinite postponement, the three bills which the committee have -tacked together--the California, Utah, New Mexico and Texas bills. -There are two other bills which I have not mentioned, because they -are not tacked, but only hung on; but which belong to the system, -as it is called, and without some mention of which, injustice would -be done to the committee in the presentation of their scheme. The -fugitive slave recovery bill, and the District of Columbia slave -trade suppression bill, are parts of the system of measures which -the committee propose, and which, taken together, are to constitute -a compromise, and to terminate for ever and most fraternally all -the dissensions of the slavery agitation in the United States. They -apply to two out of the five gaping wounds which the senator from -Kentucky enumerated on the five fingers of his left hand, and for -healing up all which at once he had provided one large plaster, -big enough to cover all, and efficacious enough to cure all; while -the President only proposed to cure one, and that with a little -plaster, and it of no efficacy. I do not propose to examine these -two attendant or sequacious bills, which dangle at the tail of the -other three. - -This is the end of the committee's labor--five old bills gathered -up from our table, tacked together, and christened a compromise! -Now compromise is a pretty phrase at all times, and is a good -thing in itself, when there happens to be any parties to make it, -any authority to enforce it, any penalties for breaking it, or -any thing to be compromised. The compromises of the constitution -are of that kind; and they stand. Compromises made in court, and -entered of record, are of that kind; and they stand. Compromises -made by individuals on claims to property are likewise of that -character; and they stand. I respect all such compromises. But -where there happens to be nothing to be compromised, no parties -to make a compromise, no power to enforce it, no penalty for its -breach, no obligation on any one--not even its makers--to observe -it, and when no two human beings can agree about its meaning, then a -compromise becomes ridiculous and pestiferous. I have no respect for -it, and eschew it. It cannot stand, and will fall; and in its fall -will raise up more ills than it was intended to cure. And of this -character I deem this farrago of incongruous matter to be, which -has been gathered up and stuck together, and offered to us "all or -none," like "fifty-four forty." It has none of the requisites of a -compromise, and the name cannot make it so. - -In the first place, there are no parties to make a compromise. -We are not in convention, but in Congress; and I do not admit a -geographical division of parties in this chamber, although the -Committee of Thirteen was formed upon that principle--six from the -South, half a dozen from the North, and one from the borders of -both--sitting on a ridge-pole, to keep the balance even. The senator -from Kentucky chairman of this committee of a baker's dozen and the -illustrious progenitor of that committee, sits on that ridge-pole. -It is a most critical position, and requires a most nice adjustment -of balance to preserve the equilibrium--to keep the weight from -falling on one side or the other--something like that of the Roman -emperor, in his apotheosis, who was required to fix himself exactly -in the middle of the heavens when he went up among the gods, lest, -by leaning on one side or the other, he might overset the universe: - - "Press not too much on any part the sphere, - Hard were the task thy weight divine to bear! - O'er the mid orb more equal shalt thou rise, - And with a juster balance fix the skies."--LUCAN. - -I recognize no such parties--no two halves in this Union, separated -by a ridge-pole, with a man, or a god, sitting upon it, to keep -the balance even. I know no North, and I know no South; and I -repulse and repudiate, as a thing to be for ever condemned, this -first attempt to establish geographical parties in this chamber, -by creating a committee formed upon that principle. In the next -place, there is no sanction for any such compromise--no authority -to enforce it--none to punish its violation. In the third place, -there is nothing to be compromised. A compromise is a concession, a -mutual concession of contested claims between two parties. I know -of nothing to be conceded on the part of the slaveholding States -in regard to their slave property. Their rights are independent of -the federal government, and admitted in the constitution--a right -to hold their slaves _as property_, a right to pursue and recover -them _as property_, a right to it as a _political element_ in the -weight of these States, by making five count three in the national -representation. These are our rights by an instrument which we are -bound to respect, and I will concede none of them, nor purchase any -of them. I never purchase as a concession what I hold as a right, -nor accept an inferior title when I already hold the highest. Even -if this congeries of bills was a compromise, in fact, I should be -opposed to it for the reasons stated. But the fact itself is to me -apocryphal. What is it but the case of five old bills introduced -by different members as common legislative measures--caught up by -the senator from Kentucky, and his committee, bundled together, -and then called a compromise! Now, this mystifies me. The same -bills were ordinary legislation in the hands of their authors; they -become a sacred compromise in the hands of their new possessors. -They seemed to be of no account as laws: they become a national -panacea as a compromise. The difference seems to be in the change -of name. The poet tells us that a rose will smell as sweet by any -other name. That may be true of roses, but not of compromises. In -the case of the compromise, the whole smell is in the name; and -here is the proof. The senator from Illinois (Mr. Douglass) brought -in three of these bills: they emitted no smell. The senator from -Virginia (Mr. Mason) brought in another of them--no smell in that. -The senator from Missouri, who now speaks to the Senate, brought -in the fifth--_ditto_, no smell about it. The olfactory nerve of -the nation never scented their existence. But no sooner are they -jumbled together, and called a compromise, than the nation is -filled with their perfume. People smell it all over the land, and, -like the inhalers of certain drugs, become frantic for the thing. -This mystifies me; and the nearest that I can come to a solution -of the mystery is in the case of the two Dr. Townsends and their -sarsaparilla root. They both extract from the same root, but the -extract is a totally different article in the hands of the two -doctors. Produced by one it is the universal panacea: by the other, -it is of no account, and little less than poison. Here is what the -old doctor says of this strange difference: - - "We wish it understood, because it is the _absolute truth_, - that S. P. Townsend's article and Old Dr. Jacob Townsend's - sarsaparilla are _heaven-wide apart, and infinitely dissimilar_; - that they are unlike in every particular, having not one single - thing in common." - -And accounts for the difference thus: - - "The sarsaparilla root, it is well known to medical men, - contains many medicinal properties, and some properties which - are inert or useless, and others which, if retained in preparing - it for use, produce _fermentation and acid_, which is injurious - to the system. Some of the properties of sarsaparilla are - so _volatile_ that they entirely evaporate, and are lost in - the preparation, if they are not preserved by a _scientific - process_, known only to the experienced in its manufacture. - Moreover, those _volatile principles_, which fly off in vapor, - or as an exhalation, under heat, are the very _essential medical - properties_ of the root, which give to it all its value." - -Now, all this is perfectly intelligible to me. I understand it -exactly. It shows me precisely how the same root is either to be -a poison or a medicine, as it happens to be in the hands of the -old or the young doctor. This may be the case with these bills. To -me it looks like a clue to the mystery; but I decide nothing, and -wait patiently for the solution which the senator from Kentucky may -give when he comes to answer this part of my speech. The old doctor -winds up in requiring particular attention to his name labelled -on the bottle, to wit, "Old Doctor Jacob Townsend," and not Young -Doctor Samuel Townsend. This shows that there is virtue in a name -when applied to the extract of sarsaparilla root; and there may be -equal virtue in it when applied to a compromise bill. If so, it -may show how these self-same bills are of no force or virtue in -the hands of the young senator from Illinois (Mr. Douglass), and -become omnipotently efficacious in the hands of the old senator from -Kentucky. - -This is the end of the grand committee's work--five old bills -tacked together, and presented as a remedy for evils which have no -existence, and required to be accepted under a penalty--the penalty -of being gazetted as enemies of compromise, and played at by the -organs! The old one, to be sure, is dreadfully out of tune--the -strings all broken, and the screws all loose, and discoursing -most woful music, and still requiring us to dance to it! And such -dancing it would be!--nothing but turn round, cross over, set-to, -and back out! Sir, there was once a musician--we have all read of -him--who had power with his lyre (but his instrument was spelt -_l y r e_)--not only over men, but over wild beasts also, and -even over stones, which he could make dance into their places when -the walls of Ilion were built. But our old organist was none of that -sort, even in his best day; and since the injury to his instrument -in playing the grand national symphony of the four F's--the -fifty-four forty or fight--it is so out of tune that its music will -be much more apt to scare off tame men than to charm wild beasts or -stones. - -No, sir! no more slavery compromises. Stick to those we have in -the constitution, and they will be stuck to! Look at the four -votes--those four on the propositions which I submitted. No -abolition of slavery in the States: none in the forts, arsenals, -navy-yards, and dock-yards: none in the District of Columbia: no -interference with the slave trade between the States. These are -the votes given on this floor, and which are above all Congress -compromises, because they abide the compromises of the constitution. - -The committee, besides the ordinary purpose of legislation, that -of making laws for the government of the people, propose another -object of a different kind, that of acting the part of national -benefactors, and giving peace and happiness to a miserable and -distracted people--_innuendo_, the people of the United States. -They propose this object as the grand result and crowning mercy of -their multifarious labors. The gravity with which the chairman of -the committee has brought forward this object in his report, and -the pathetic manner in which he has enforced it in his speech, and -the exact enumeration he has made of the public calamities upon his -fingers' ends, preclude the idea, as I have heretofore intimated, of -any intentional joke to be practised upon us by that distinguished -senator; otherwise I might have been tempted to believe that the -eminent senator, unbending from his serious occupations, had -condescended to amuse himself at our expense. Certain it is that -the conception of this restoration of peace and happiness is most -jocose. In the first place, there is no contention to be reconciled, -no distraction to be composed, no misery to be assuaged, no lost -harmony to be restored, no lost happiness to be recovered! And, -if there was, the committee is not the party to give us these -blessings. Their example and precept do not agree. They preach -concord, and practise discord. They recommend harmony to others, -and disagree among themselves. They propose the fraternal kiss to -us, and give themselves rude rebuffs. They set us a sad example. -Scarcely is the healing report read, and the anodyne bills, or -pills, laid on our tables, than fierce contention breaks out in the -ranks of the committee itself. They attack each other. They give and -take fierce licks. The great peacemaker himself fares badly--stuck -all over with arrows, like the man on the first leaf of the almanac. -Here, in our presence, in the very act of consummating the marriage -of California with Utah, New Mexico, Texas, the fugacious slaves -of the States, and the marketable slaves of this District--in this -very act of consummation, as in a certain wedding feast of old, the -feast becomes a fight--the festival a combat--and the amiable guests -pummel each other. - -When his committee was formed, and himself safely installed at the -head of it, conqueror and pacificator, the senator from Kentucky -appeared to be the happiest of mankind. We all remember that night. -He seemed to ache with pleasure. It was too great for continence. It -burst forth. In the fulness of his joy, and the overflowing of his -heart, he entered upon that series of congratulations which we all -remember so well, and which seemed to me to be rather premature, and -in disregard of the sage maxim which admonishes the traveller never -to halloo till he is out of the woods. I thought so then. I was -forcibly reminded of it on Saturday last, when I saw that senator, -after vain efforts to compose his friends, and even reminding them -of what they were "threatened" with this day--_innuendo_, this poor -speech of mine--gather up his beaver and quit the chamber, in a -way that seemed to say, the Lord have mercy upon you all, for I am -done with you! But the senator was happy that night--supremely so. -All his plans had succeeded--Committee of Thirteen appointed--he -himself its chairman--all power put into their hands--their own -hands untied, and the hands of the Senate tied--and the parties -just ready to be bound together for ever. It was an ecstatic moment -for the senator, something like that of the heroic Pirithous -when he surveyed the preparations for the nuptial feast--saw the -company all present, the lapithae on couches, the centaurs on their -haunches--heard the _Io hymen_ beginning to resound, and saw the -beauteous Hippodamia, about as beauteous I suppose as California, -come "glittering like a star," and take her stand on his left hand. -It was a happy moment for Pirithous! and in the fulness of his -feelings he might have given vent to his joy in congratulations to -all the company present, to all the lapithae and to all the centaurs, -to all mankind, and to all horsekind, on the auspicious event. -But, oh! the deceitfulness of human felicity. In an instant the -scene was changed! the feast a fight--the wedding festival a mortal -combat--the table itself supplying the implements of war! - - "At first a medley flight, - Of bowls and jars supply the fight; - Once implements of feasts, but now of fate." - -You know how it ended. The fight broke up the feast. The wedding -was postponed. And so may it be with this attempted conjunction of -California with the many ill-suited spouses which the Committee of -Thirteen have provided for her. - -Mr. President, it is time to be done with this comedy of errors. -California is suffering for want of admission. New Mexico is -suffering for want of protection. The public business is suffering -for want of attention. The character of Congress is suffering for -want of progress in business. It is time to put an end to so many -evils; and I have made the motion intended to terminate them, by -moving the indefinite postponement of this unmanageable mass of -incongruous bills, each an impediment to the other, that they may be -taken up one by one, in their proper order, to receive the decision -which their respective merits require. - - - - -CHAPTER CXCIII. - -DEATH OF PRESIDENT TAYLOR. - - -He died in the second year of his presidency, suddenly, and -unexpectedly, of violent fever, brought on by long exposure to -the burning heat of a fourth of July sun--noted as the warmest of -the season. He attended the ceremonies of the day, sitting out -the speeches, and omitting no attention which he believed the -decorum of his station required. It cost him his life. The ceremony -took place on Friday: on the Tuesday following, he was dead--the -violent attack commencing soon after his return to the presidential -mansion. He was the first President elected upon a reputation purely -military. He had been in the regular army from early youth. Far from -having ever exercised civil office, he had never even voted at an -election, and was a major-general in the service, at the time of -his election. Palo Alto, Resaca de la Palma, Monterey, and Buena -Vista, were his titles to popular favor--backed by irreproachable -private character, undoubted patriotism, and established reputation -for judgment and firmness. His brief career showed no deficiency -of political wisdom for want of previous political training. He -came into the administration at a time of great difficulty, and -acted up to the emergency of his position. The slavery agitation -was raging; the Southern manifesto had been issued: California, -New Mexico, Utah, were without governments: a Southern Congress -was in process of being called, the very name of which implied -disunion: a Southern convention was actually called, and met, to -consult upon disunion. He met the whole crisis firmly, determined -to do what was right among all the States, and to maintain the -Federal Union at all hazards. His first, and only annual message, -marked out his course. The admission of California as a State was -recommended by him, and would avoid all questions about slavery. -Leaving Utah and New Mexico to ripen into State governments, and -then decide the question for themselves, also avoided the question -in those territories where slavery was then extinct under the laws -of the country from which they came to the United States. Texas had -an unsettled boundary on the side of New Mexico. President Taylor -considered that question to be one between the United States and New -Mexico, and not between New Mexico and Texas; and to be settled by -the United States in some legal and amicable way--as, by compact, -by mutual legislation, or judicial decision. Some ardent spirits -in Texas proposed to take possession of one half of New Mexico, in -virtue of a naked pretension to it, founded in their own laws and -constitution. President Taylor would have resisted that pretension, -and protected New Mexico in its ancient actual possession until the -question of boundary should have been settled in a legal way. His -death was a public calamity. No man could have been more devoted -to the Union, or more opposed to the slavery agitation; and his -position as a Southern man, and a slave-holder--his military -reputation, and his election by a majority of the people and of the -States--would have given him a power in the settlement of these -questions which no President without these qualifications could have -possessed. In the political division he classed with the whig party, -but his administration, as far as it went, was applauded by the -democracy, and promised to be so to the end of his official term. -Dying at the head of the government, a national lamentation bewailed -his departure from life and power, and embalmed his memory in the -affections of his country. - - - - -ADMINISTRATION OF MILLARD FILLMORE. - - - - -CHAPTER CXCIV. - -INAUGURATION AND CABINET OF MR. FILLMORE. - - -Wednesday, July the tenth, witnessed the inauguration of Mr. -Fillmore, Vice-President of the United States, become President -by the death of President Taylor. It took place in the Hall of -the House of Representatives, in the presence of both Houses -of Congress, in conformity to the wish of the new President, -communicated in a message. The constitution requires nothing of -the President elect, before entering on the duties of his station, -except to take the oath of office, _faithfully to execute his -duties, and do his best to preserve, protect, and defend the -constitution_; and that oath might be taken any where, and before -any magistrate having power to administer oaths, and then filed in -the department of State; but propriety and custom have made it a -ceremony to be publicly performed, and impressively conducted. A -place on the great eastern portico of the Capitol, where tens of -thousands could witness it, and the Chief Justice of the Supreme -Court of the United States to administer the oath, have always -been the place and the magistrate for this ceremony, in the case -of Presidents elected to the office--giving the utmost display to -it--and very suitably as in such cases there is always a feeling -of general gratification and exultation. Mr. Fillmore, with great -propriety, reduced the ceremony of his inauguration to an official -act, impressively done in Congress, and to be marked by solemnity -without joy. A committee of the two Houses attended him--Messrs. -Soule, of Louisiana, Davis, of Massachusetts, and Underwood, -of Kentucky, on the part of the Senate; Messrs. Winthrop, of -Massachusetts, Morse, of Louisiana, and Morehead, of Kentucky, on -the part of the House; and he was accompanied by all the members of -the late President's cabinet. The Chief Justice of the Circuit Court -of the District of Columbia, the venerable William Cranch, appointed -fifty years before, by President John Adams, administered the oath; -which being done, the President, without any inaugural address, -bowed, and retired; and the ceremony was at an end. - -The first official act of the new President was an immediate message -to the two Houses, recommending suitable measures to be taken by -them for the funeral of the deceased President--saying: - - "A great man has fallen among us, and a whole country is called - to an occasion of unexpected, deep, and general mourning. - - "I recommend to the two Houses of Congress to adopt such - measures as in their discretion they may deem proper, to - perform with due solemnities the funeral obsequies of ZACHARY - TAYLOR, late President of the United States; and thereby to - signify the great and affectionate regard of the American - people for the memory of one whose life has been devoted to the - public service; whose career in arms has not been surpassed in - usefulness or brilliancy; who has been so recently raised by the - unsolicited voice of the people to the highest civil authority - in the government--which he administered with so much honor and - advantage to his country; and by whose sudden death, so many - hopes of future usefulness have been blighted for ever. - - "To you, senators and representatives of a nation in tears, - I can say nothing which can alleviate the sorrow with which - you are oppressed. I appeal to you to aid me, under the - trying circumstances which surround me, in the discharge of - the duties, from which, however much I may be oppressed by - them, I dare not shrink; and I rely upon Him, who holds in his - hands the destinies of nations, to endow me with the requisite - strength for the task, and to avert from our country the evils - apprehended from the heavy calamity which has befallen us. - - "I shall most readily concur in whatever measures the wisdom of - the two Houses may suggest, as befitting this deeply melancholy - occasion." - -The two Houses readily complied with this recommendation, and a -solemn public funeral was unanimously voted, and in due time, -impressively performed. All the members of the late President's -cabinet gave in their resignations immediately, but were requested -by President Fillmore to retain their places until successors -could be appointed; which they did. In due time, the new cabinet -was constituted: Daniel Webster, of Massachusetts, Secretary of -State; Thomas Corwin, of Ohio, Secretary of the Treasury; Alexander -H. H. Stuart, of Virginia, Secretary of the Interior; Charles M. -Conrad, of Louisiana, Secretary at War; William A. Graham, of North -Carolina, Secretary of the Navy (succeeded by John P. Kennedy, -of Maryland); John J. Crittenden, of Kentucky, Attorney-General; -Nathan K. Hall, of New York (succeeded by Samuel D. Hubbard, of -Connecticut). - - - - -CHAPTER CXCV. - -REJECTION OF MR. CLAY'S PLAN OF COMPROMISE. - - -The Committee of Thirteen had reported in favor of Mr. Clay's plan. -It was a committee so numerous, almost a quarter of the Senate, that -its recommendation would seem to insure the senatorial concurrence. -Not so the fact. The incongruities were too obvious and glaring to -admit of conjunction. The subjects were too different to admit of -one vote--yea or nay--upon all of them together. The injustice of -mixing up the admission of California, a State which had rejected -slavery for itself, with all the vexations of the slave question in -the territories, was too apparent to subject her to the degradation -of such an association. It was evident that no compromise, of any -kind whatever, on the subject of slavery, under any one of its -aspects separately, much less under all put together, could possibly -be made. There was no spirit of concession--no spirit in which -there could be giving and taking--in which a compromise could be -made. Whatever was to be done, it was evident would be done in the -ordinary spirit of legislation, in which the majority gives law to -the minority. The only case in which there was even forbearance, was -in that of rejecting the Wilmot proviso. That measure was rejected -again as heretofore, and by the votes of those who were opposed to -extending slavery into the territories, because it was unnecessary -and inoperative--irritating to the slave States without benefit to -the free States--a mere work of supererogation, of which the only -fruit was to be discontent. It was rejected, not on the principle of -non-intervention--not on the principle of leaving to the territories -to do as they pleased on the question; but because there had been -intervention! because Mexican law and constitution had intervened! -had abolished slavery by law in those dominions! which law would -remain in force, until repealed by Congress. All that the opponents -to the extension of slavery had to do then, was to do nothing. And -they did nothing. - -The numerous measures put together in Mr. Clay's bill were -disconnected and separated. Each measure received a separate and -independent consideration, and with a result which showed the -injustice of the attempted conjunction. United, they had received -the support of the majority of the committee: separated, and no two -were passed by the same vote: and only four members of the whole -grand committee that voted alike on each of the measures. - - - - -CHAPTER CXCVI. - -THE ADMISSION OF THE STATE OF CALIFORNIA: PROTEST OF SOUTHERN -SENATORS: REMARKS UPON IT BY MR. BENTON. - - -This became the "_test_" question in the great slavery agitation -which disturbed Congress and the Union, and as such was impressively -presented by Mr. Calhoun in the last and most intensely considered -speech of his life--read for him in the Senate by Mr. Mason of -Virginia. In that speech, and at the conclusion of it, and as the -resulting consequence of the whole of it, he said: - - "It is time, senators, that there should be an open and manly - avowal on all sides, as to what is intended to be done. If the - question is not now settled, it is uncertain whether it ever can - hereafter be; and we, as the representatives of the States of - this Union, regarded as governments, should come to a distinct - understanding as to our respective views, in order to ascertain - whether the great questions at issue can be settled or not. If - you, who represent the stronger portion, cannot agree to settle - them on the broad principle of justice and duty, say so; and - let the States we both represent agree to separate and part - in peace. If you are unwilling that we should part in peace, - tell us so, and we shall know what to do, when you reduce the - question to submission or resistance. If you remain silent, you - will compel us to infer by your acts what you intend. In that - case, California will become the _test_ question. If you admit - her, under all the difficulties that oppose her admission, you - compel us to infer that you intend to exclude us from the whole - of the acquired territories, with the intention of destroying - irretrievably the equilibrium between the two sections. We - would be blind not to perceive, in that case, that your real - objects are power and aggrandizement, and infatuated not to act - accordingly." - -Mr. Calhoun died before the bill for the admission of California -was taken up: but his principles did not die with him: and the test -question which he had proclaimed remained a legacy to his friends. -As such they took it up, and cherished it. The bill was taken up -in the Senate, and many motions made to amend, of which the most -material was by Mr. Turney of Tennessee, to limit the southern -boundary of the State to the latitude of 36 deg. 30', and to extend -the Missouri line through to the Pacific, so as to authorize the -existence of slavery in all the territory south of that latitude. On -this motion the yeas and nays were: - - "YEAS--Messrs. Atchison, Badger, Barnwell, Bell, Berrien, - Butler, Clemens, Davis of Mississippi, Dawson, Downs, Foote, - Houston, Hunter, King, Mangum, Mason, Morton, Pearce, Pratt, - Rusk, Sebastian, Soule, Turney, and Yulee--24. - - "NAYS--Messrs. Baldwin, Benton, Bradbury, Bright, Cass, Clarke, - Cooper, Davis of Massachusetts, Dayton, Dickinson, Dodge of - Wisconsin, Dodge of Iowa, Douglass, Ewing, Felch, Greene, Hale, - Hamlin, Jones, Norris, Phelps, Seward, Shields, Smith, Spruance, - Sturgeon, Underwood, Upham, Wales, Walker, Whitcomb, and - Winthrop--32." - -The amendments having all been disposed of, the question was taken -upon the passage of the bill, and resulted in its favor, 34 yeas to -18 nays. The vote was: - - "YEAS--Messrs. Baldwin, Bell, Benton, Bradbury, Bright, Cass, - Chase, Cooper, Davis of Massachusetts, Dickinson, Dodge of - Wisconsin, Dodge of Iowa, Douglass, Ewing, Felch, Greene, Hale, - Hamlin, Houston, Jones, Miller, Norris, Phelps, Seward, Shields, - Smith, Spruance, Sturgeon, Underwood, Upham, Wales, Walker, - Whitcomb, and Winthrop--34. - - "NAYS--Messrs. Atchison, Barnwell, Berrien, Butler, Clemens, - Davis of Mississippi, Dawson, Foote, Hunter, King, Mason, - Morton, Pratt, Rusk, Sebastian, Soule, Turney, and Yulee--18." - -Immediately upon the passage of the bill through the Senate, ten -of the senators opposed to it offered a protest against it, which -was read at the secretary's table, of which the leading points were -these: - - "We, the undersigned senators, deeply impressed with the - importance of the occasion, and with a solemn sense of the - responsibility under which we are acting, respectfully submit - the following protest against the bill admitting California as a - State into this Union, and request that it may be entered upon - the Journal of the Senate. We feel that it is not enough to - have resisted in debate alone a bill so fraught with mischief - to the Union and the States which we represent, with all the - resources of argument which we possessed; but that it is also - due to ourselves, the people whose interest have been intrusted - to our care, and to posterity, which even in its most distant - generations may feel its consequences, to leave in whatever form - may be most solemn and enduring, a memorial of the opposition - which we have made to this measure, and of the reasons by which - we have been governed, upon the pages of a journal which the - constitution requires to be kept so long as the Senate may have - an existence. We desire to place the reasons upon which we are - willing to be judged by generations living and yet to come, for - our opposition to a bill whose consequences may be so durable - and portentous as to make it an object of deep interest to all - who may come after us. - - "We have dissented from this bill because it gives the sanction - of law, and thus imparts validity to the unauthorized action of - a portion of the inhabitants of California, by which an odious - discrimination is made against the property of the fifteen - slaveholding States of the Union, who are thus deprived of - that position of equality which the constitution so manifestly - designs, and which constitutes the only sure and stable - foundation on which this Union can repose. - - "Because the right of the slaveholding States to a common - and equal enjoyment of the territory of the Union has been - defeated by a system of measures which, without the authority - of precedent, of law, or of the constitution, were manifestly - contrived for that purpose, and which Congress must sanction and - adopt, should this bill become a law. - - "Because to vote for a bill passed under such circumstances - would be to agree to a principle, which may exclude for ever - hereafter, as it does now, the States which we represent from - all enjoyment of the common territory of the Union; a principle - which destroys the equal rights of their constituents, the - equality of their States in the Confederacy, the equal dignity - of those whom they represent as men and as citizens in the eye - of the law, and their equal title to the protection of the - government and the constitution. - - "Because all the propositions have been rejected which have - been made to obtain either a recognition of the rights of the - slaveholding States to a common enjoyment of all the territory - of the United States, or to a fair division of that territory - between the slaveholding and non-slaveholding States of the - Union--every effort having failed which has been made to obtain - a fair division of the territory proposed to be brought in as - the State of California. - - "But, lastly, we dissent from this bill, and solemnly protest - against its passage, because, in sanctioning measures so - contrary to former precedent, to obvious policy, to the spirit - and intent of the constitution of the United States, for the - purpose of excluding the slaveholding States from the territory - thus to be erected into a State, this government in effect - declares, that the exclusion of slavery from the territory - of the United States is an object so high and important as - to justify a disregard not only of all the principles of - sound policy, but also of the constitution itself. Against - this conclusion we must now and for ever protest, as it is - destructive of the safety and liberties of those whose rights - have been committed to our care, fatal to the peace and - _equality_ of the States which we represent, and must lead, if - persisted in, to the _dissolution_ of that confederacy, in which - the slaveholding States have never sought more than _equality_, - and in which they will not be content to _remain_ with less." - -This protest was signed by Messrs. Mason and Hunter, senators from -Virginia; Messrs. Butler and Barnwell, senators from South Carolina; -Mr. Turney, senator from Tennessee; Mr. Pierre Soule, senator from -Louisiana; Mr. Jefferson Davis, senator from Mississippi; Mr. -Atchison, senator from Missouri; and Messrs. Morton and Yulee, -senators from Florida. It is remarkable that this protest is not -on account of any power exercised by Congress over the subject of -slavery in a territory, but for the non-exercise of such power, and -especially for not extending the Missouri compromise line to the -Pacific Ocean; and which non-extension of that line was then cause -for the dissolution of the Union. - -Mr. Winthrop, newly appointed senator from Massachusetts, in place -of Mr. Webster, appointed Secretary of State, immediately raised -the question of reception upon this protest, for the purpose of -preventing it from going upon the Journal, where, he alleged, the -only protest that could be entered by a senator (and that was a -sufficient one) was his peremptory "no:" and then said: - - "Sir, does my honorable friend from Virginia (Mr. Hunter), know - that there is but one parliamentary body in the world--so far - as my own knowledge, certainly, goes--which acknowledges an - inherent right in its members to enter their protests upon the - Journals? That body is the British House of Lords. It is the - privilege of every peer, as I understand it, to enter upon the - Journals his protest against any measure which may have been - passed contrary to his own individual views or wishes. But what - has been the practice in our own country? You, yourself, Mr. - President, have read to us an authority upon this subject. It - seems that in the earliest days of our history, when there may - have been something more of a disposition than I hope prevails - among us now, to copy the precedents of the British government, - a rule was introduced into this body for the purpose of securing - to the senators of the several States this privilege which - belongs to the peers of the British Parliament. That proposition - was negatived. I know not by what majority, for you did not - read the record; I know not by whose votes; but that rule was - rejected. It was thus declared in the early days of our history - that this body should not be assimilated to the British House of - Lords in this respect, however it may be in any other; and that - individual senators should not be allowed this privilege which - belongs to British peers, of spreading upon the Journals the - reasons which may have influenced their votes." - -Mr. Benton spoke against the reception of the protest, denying the -right of senators to file any reasons upon the Journal for their -vote; and said: - - "In the British House of Lords, Mr. President, this right - prevails, but not in the House of Commons; and I will show you - before I have done that the attempt to introduce it into the - House of Commons gave rise to altercation, well-nigh led to - bloodshed on the floor of the House, and caused the member who - attempted to introduce it, though he asked leave to do so, to - be committed to the Tower for his presumption. And I will show - that we begin the practice here at a point at which the British - Parliament had arrived, long after they commenced the business - of entering the dissents. It will be my business to show that, - notwithstanding the British House of Lords in the beginning - entered the protestor's name under the word 'dissent,' precisely - as our names are entered here under the word 'nay,' it went on - until something very different took place, and which ended in - authorizing any member who pleased to arraign the sense of the - House, and to reproach the House whenever he pleased. Now, how - came the lords to possess this right? It is because every lord - is a power within himself. He is his own constituent body. He - represents himself; and in virtue of that representation of - himself, he can constitute a representative, and can give a - proxy to any lord to vote for him on any measure not judicial. - Members of the House of Commons cannot do it, because they - are themselves nothing but proxies and representatives of the - people. The House of Lords, then, who have this privilege and - right of entering their dissent, have it by virtue of being - themselves, each one, a power within himself, a constituent body - to himself, having inherent rights which he derives from nobody, - but which belong to him by virtue of being a peer of the realm; - and by virtue of that he enters his protest on the Journal, if - he pleases. It is a privilege belonging to every lord, each for - himself, and is an absolute privilege; and although the form is - to ask leave of the House, yet the House is bound to grant the - leave." - -Mr. Benton showed that there was no right of protest in the -members of the British House of Commons--that the only time it was -attempted there was during the strifes of Charles the First with the -Parliament, and by Mr. Hyde (afterwards Lord Clarendon), who was -committed prisoner to the Tower for presuming to insult the House, -by proposing to set up his judgment against the act of the House -after the House had acted. Having spoken against the right of the -senators to enter a protest on the Journal against an act of the -Senate, Mr. Benton proceeded to speak against the protest itself, -and especially the concluding part of it, in which a dissolution -of the Union was hypothetically predicated upon the admission of -California. - - "I now pass over what relates to the body or matter of the - protest, and come to the concluding sentence, where, sir, I - see a word which I am sorry to see, or hear used even in the - heat of debate in this chamber. It is one which I believe I - have not pronounced this session, not even hypothetically or - historically, in speaking of every thing which has taken place. - But I find it here, and I am sorry to see it. It is qualified, - it is true; yet I am sorry to see it any where, and especially - in a paper of such solemn import. It is in the concluding - sentence: - - 'Against this conclusion we must now and for ever _protest_, as - it is destructive of the safety and liberties of those whose - rights have been committed to our care, fatal to the peace and - _equality_ of the States which we represent, and must lead, - if persisted in, to the _dissolution_ of that confederacy in - which the slaveholding States have never sought more than an - _equality_, and in which they will not be content to _remain_ - with less.' - - "I grieve to see these words used with this deliberation; still - more do I grieve to see an application made to enter them on - the Journal of the Senate. Hypothetically they use the words; - but we all know what this word "if" is--a great peacemaker, - the poet tells us, between individuals, but, as we all know, - a most convenient introduction to a positive conclusion. The - language here is used solemnly, and the word protest is one of - serious import. Protest is a word known to the law, and always - implies authority, and one which is rarely used by individuals - at all. It is a word of grave and authoritative import in the - English language, which implies the testification of the truth! - and a right to testify to it! and which is far above any other - mode of asseveration. It comes from the Latin--_testari_, to be - a witness--_protestari_, to be a public witness, to publish, - avouch, and testify the truth; and can be only used on legal or - on the most solemn occasions. It has given a name to a great - division of the Christian family, who took the title from the - fact of their '_protesting_' against the imperial edicts of - Charles V., which put on a level with the Holy Scriptures the - traditions of the church and the opinions of the commentators. - It was a great act of _protesting_, and an act of conscience and - duty. It was a proper occasion to use the word _protest_; and it - was used in the face of power, and maintained through oceans - and seas of blood, until it has found an immortality in the name - of one division of the Christian family. - - "I have read to you from British history--history of 1640--the - most eventful in the British annals--to show the first attempt - to introduce a protest in the House of Commons--to show you how - the men of that day--men in whose bosoms the love of liberty - rose higher than love of self--the Puritans whose sacrifices - for liberty were only equalled by their sacrifices to their - religion--these men, from whom we learned so much, refused to - suffer themselves to be arraigned by a minority--refused to - suffer an indictment to be placed on their own Journals against - themselves. I have shown you that a body in which were such - men as Hampden, and Cromwell, and Pym, and Sir Harry Vane, - would not allow themselves to be arraigned by a minority, or - to be impeached before the people, and that they sent the man - to the Tower who even asked leave to do it. This period of - British history is that of the civil wars which deluged Great - Britain with blood; and, sir, may there be no analogy to it in - our history!--may there be no omen in this proceeding--nothing - ominous in this attempted imitation of one of the scenes which - preceded the outbreak of civil war in Great Britain. Sir, this - protest is treated by some senators as a harmless and innocent - matter; but I cannot so consider it. It is a novelty, but a - portentous one, and connects itself with other novelties, - equally portentous. The Senate must bear with me for a moment. - I have refrained hitherto from alluding to the painful subject, - and would not now do it if it was not brought forward in such - a manner as to compel me. This is a novelty, and it connects - itself with other novelties of a most important character. We - have seen lately what we have never before seen in the history - of the country--sectional meetings of members of Congress, - sectional declarations by legislative bodies, sectional meetings - of conventions, sectional establishment of a press here! and - now the introduction of this protest, also sectional, and not - only connecting itself in time and circumstances, but connecting - itself by its arguments, by its facts, and by its conclusions, - with all these sectional movements to which I have referred. It - is a sectional protest. - - "All of these sectional movements are based upon the hypothesis, - that, if a certain state of things is continued, there is to be - a dissolution of the Union. The Wilmot proviso, to be sure, is - now dropped, or is not referred to in the protest. That cause of - dissolution is dead; but the California bill comes in its place, - and the system of measures of which it is said to be a part. Of - these, the admission of California is now made the prominent, - the salient point in that whole system, which hypothetically it - is assumed may lead to a dissolution of the Union. Sir, I cannot - help looking upon this protest as belonging to the series of - novelties to which I have referred. I cannot help considering - it as part of a system--as a link in a chain of measures all - looking to one result, hypothetically, to be sure, but all - still looking to the same result--that of a dissolution of the - Union. It is afflicting enough to witness such things out of - doors; but to enter a solemn protest on our Journals, looking - to the contingent dissolution of the Union, and that for our - own acts--for the acts of a majority--to call upon us of the - majority to receive our own indictment, and enter it, without - answer, upon our own Journals--is certainly going beyond all the - other signs of the times, and taking a most alarming step in - the progress which seems to be making in leading to a dreadful - catastrophe. '_Dissolution_' to be entered on our Journal! What - would our ancestors have thought of it? The paper contains - an enumeration of what it characterizes as unconstitutional, - unjust, and oppressive conduct on the part of Congress against - the South, which, if persisted in, must lead to a dissolution of - the Union, and names the admission of California as one of the - worst of these measures. I cannot consent to place that paper - on our Journals. I protest against it--protest in the name of - my constituents. I have made a stand against it. It took me by - surprise; but my spirit rose and fought. I deem it my sacred - duty to resist it--to resist the entrance upon our Journal of - a paper hypothetically justifying disunion. If defeated, and - the paper goes on the Journal, I still wish the present age and - posterity to see that it was not without a struggle--not without - a stand against the portentous measure--a stand which should - mark one of those eras in the history of nations from which - calamitous events flow." - -The reception of the protest was refused, and the bill sent to -the House of Representatives, and readily passed; and immediately -receiving the approval of the President, the senators elect from -California, who had been long waiting (Messrs. William M. Gwinn -and John Charles Fremont), were admitted to their seats; but not -without further and strenuous resistance. Their credentials being -presented, Mr. Davis, of Mississippi, moved to refer them to the -Committee on the Judiciary, to report on the law and the facts of -the case; which motion led to a discussion, terminated by a call -for the yeas and nays. The yeas were 12 in number; to wit: Messrs. -Atchison, Barnwell, Berrien, Butler, Davis of Mississippi, Hunter, -Mason, Morton, Pratt, Sebastian, Soule, Turney. Only 12 voting for -the reference, and 36 against it; the two senators elect were then -sworn in, and took their seats. - - - - -CHAPTER CXCVII. - -FUGITIVE SLAVES--ORDINANCE OF 1787: THE CONSTITUTION: ACT OF 1793: -ACT OF 1850. - - -It is of record proof that the anti-slavery clause in the ordinance -of 1787, could not be passed until the fugitive slave recovery -clause was added to it. That anti-slavery clause, first prepared -in the Congress of the confederation by Mr. Jefferson in 1784, -and rejected, remained rejected for three years--until 1787; when -receiving the additional clause for the recovery of fugitives, -it was unanimously passed. This is clear proof that the first -clause, prohibiting slavery in the Northwest territory, could not -be obtained without the second, authorizing the recovery of slaves -which should take refuge in that territory. It was a compromise -between the slave States and the free States, unanimously agreed -to by both parties, and founded on a valuable consideration--one -preventing the spread of slavery over a vast extent of territory, -the other retaining the right of property in the slaves which might -flee to it. Simultaneously with the adoption of this article in -the ordinance of 1787 was the formation of the constitution of -the United States--both formed at the same time, in neighboring -cities, and (it may be said) by the same men. The Congress sat in -New York--the Federal Convention in Philadelphia--and, while the -most active members of both were members of each, as Madison and -Hamilton, yet, from constant interchange of opinion, the members -of both bodies may be assumed to have worked together for a -common object. The right to recover fugitive slaves went into the -constitution, as it went into the ordinance, simultaneously and -unanimously; and it may be assumed upon the facts of the case, and -all the evidence of the day, that the constitution, no more than -the ordinance, could have been formed without the fugitive slave -recovery clause contained in it. A right to recover slaves is not -only authorized by the constitution, but it is a right without which -there would have been no constitution, and also no anti-slavery -ordinance. - -One of the early acts of Congress, as early as February, '93, was -a statute to carry into effect the clause in the constitution for -the reclamation of fugitives from justice, and fugitives from labor; -and that statute, made by the men who made the constitution, may -be assumed to be the meaning of the constitution, as interpreted -by men who had a right to know its meaning. That act consisted of -four sections, all brief and clear, and the first two of which -exclusively applied to fugitives from justice. The third and fourth -applied to fugitives from labor, embracing apprentices as well as -slaves, and applying the same rights and remedies in each case: -and of these two, the third alone contains the whole provision for -reclaiming the fugitive--the fourth merely containing penalties for -the obstruction of that right. The third section, then, is the only -one essential to the object of this chapter, and is in these words: - - "That when a person held to labor in any of the United - States, or in either of the territories on the north-west, - or south of Ohio, under the laws thereof, shall escape into - any other of said States or territories, the person to whom - such labor is due, his agent or attorney, is hereby empowered - to seize or arrest such fugitive from labor, and to take him - or her before any judge of the circuit or district courts of - the United States, residing or being within the State, or - before any magistrate of a county, city, or town corporate, - wherein such seizure or arrest shall be made, and upon proof - to the satisfaction of such judge or magistrate, either by - oral testimony, or affidavit taken before and certified by a - magistrate of any such State or territory, that the person - so seized and arrested, doth under the laws of the State or - territory from which he or she fled, owe service to the person - claiming him or her, it shall be the duty of such judge or - magistrate to give a certificate thereof to such claimant, - his agent or attorney, which shall be sufficient warrant for - removing the said fugitive from labor, to the State or territory - from which he or she fled." - -This act was passed on the recommendation of President Washington, -in consequence of a case having arisen between Pennsylvania and -Virginia, which showed the want of an act of Congress to carry the -clause in the constitution into effect. It may be held to be a fair -interpretation of the constitution, and by it the party claiming the -service of the fugitive in any State or territory, had the right -to seize his slave wherever he saw him, and to carry him before -a judicial authority in the State; and upon affidavit, or oral -testimony, showing his right, he was to receive a certificate to -that effect, by virtue of which he might carry him back to the State -from which he had fled. This act, thus fully recognizing the right -of the claimant to seize his slave by mere virtue of ownership, and -then to carry him out of the State upon a certificate, and without -a trial, was passed as good as unanimously by the second Congress -which sat under the constitution--the proceedings of the Senate -showing no division, and in the House only seven voting against -the bill, there being no separate vote on the two parts of it, and -two of these seven from slave States (Virginia and Maryland). It -does not appear to what part these seven objected--whether to the -fugitive slave sections, or those which applied to fugitives from -justice. Such unanimity in its passage, by those who helped to make -the constitution, was high evidence in its favor: the conduct of the -States, and both judiciaries, State and federal, were to the same -effect. The act was continually enforced, and the courts decided -that this right of the owner to seize his slave, was just as large -in the free State to which he had fled as in the slave State from -which he had run away--that he might seize, by night as well as -by day, of Sundays as well as other days; and, also, in a house, -provided no breach of the peace was committed. The penal section -in the bill was clear and heavy, and went upon the ground of the -absolute right of the master to seize his slave by his own authority -wherever he saw him, and the criminality of any obstruction or -resistance in the exercise of that right. It was in these words: - - "That any person who shall knowingly and wilfully obstruct or - hinder such claimant, his agent or attorney, in so seizing - or arresting such fugitive from labor, or shall rescue such - fugitive from such claimant, his agent or attorney, when so - arrested pursuant to the authority herein given or declared; or - shall harbor or conceal such person after notice that he or she - was a fugitive from labor as aforesaid, shall, for either of the - said offences, forfeit and pay the sum of five hundred dollars. - Which penalty may be recovered by and for the benefit of such - claimant, by action of debt in any court proper to try the same, - saving moreover to the person claiming such labor or service - his right of action for or on account of the said injuries, or - either of them." - -State officers, the magistrates and judges, though not bound to act -under the law of Congress, yet did so; and State jails, though not -obligatory under a federal law, were freely used for the custody -of the re-captured fugitive. This continued till a late day in -most of the free States--in all of them until after the Congress -of the United States engaged in the slavery agitation--and in the -great State of Pennsylvania until the 20th of March, 1847: that is -to say, until a month after the time that Mr. Calhoun brought into -the Senate the slavery resolutions, stigmatized by Mr. Benton as -"fire-brand," at the moment of their introduction, and which are -since involving the Union in conflagration. Then Pennsylvania passed -the act forbidding her judicial authorities to take cognizance of -any fugitive slave case--granted a habeas corpus remedy to any -fugitive arrested--denying the use of her jails to confine any -one--and repealing the six months' slave sojourning law of 1780. - -Some years before the passage of this harsh act, and before the -slavery agitation had commenced in Congress, to wit, 1826 (which was -nine years before the commencement of the agitation), Pennsylvania -had passed a most liberal law of her own, done upon the request of -Maryland, to aid the recovery of fugitive slaves. It was entitled, -"_An act to give effect to the Constitution of the United States -in reclaiming fugitives from justice_." Such had been the just and -generous conduct of Pennsylvania towards the slave States until up -to the time of passing the harsh act of 1847. Her legal right to -pass that act is admitted; her magistrates were not bound to act -under the federal law--her jails were not liable to be used for -federal purposes. The sojourning law of 1780 was her own, and she -had a right to repeal it. But the whole act of '47 was the exercise -of a mere right, against the comity which is due to States united -under a common head, against moral and social duty, against high -national policy, against the spirit in which the constitution -was made, against her own previous conduct for sixty years; and -injurious and irritating to the people of the slave States, and -parts of it unconstitutional. The denial of the intervention of -her judicial officers, and the use of her prisons, though an -inconvenience, was not insurmountable, and might be remedied by -Congress; the repeal of the act of 1780 was the radical injury and -for which there was no remedy in federal legislation. - -That act was passed before the adoption of the constitution, and -while the feelings of conciliation, good will, and entire justice, -prevailed among the States; it was allowed to continue in force near -sixty years after the constitution was made; and was a proof of good -feeling towards all during that time. By the terms of this act, a -discrimination was established between sojourners and permanent -residents, and the element of time--the most obvious and easy of all -arbiters--was taken for the rule of discrimination. Six months was -the time allowed to discriminate a sojourner from a resident; and -during that time the rights of the owner remained complete in his -slave; after the lapse of that time, his ownership ceased. This six -months was equally in favor of all persons; but there was a further -and indefinite provision in favor of members of Congress, and of -the federal government, all of whom, coming from slave States, -were allowed to retain their ownership as long as their federal -duties required them to remain in the State. Such an act was just -and wise, and in accordance with the spirit of comity which should -prevail among States formed into a Union, having a common general -government, and reciprocating the rights of citizenship. It is to be -deplored that any event ever arose to occasion the repeal of that -act. It is to be wished that a spirit would arise to re-enact it; -and that others of the free States should follow the example. For -there were others, and several which had similar acts, and which -have repealed them in like manner, as Pennsylvania--under the same -unhappy influences, and with the same baleful consequences. New -York, for example--her law of discrimination between the sojourner -and the resident, being the same in principle, and still more -liberal in detail, than that of Pennsylvania--allowing nine months -instead of six, to determine that character. - -This act of New York, like that of Pennsylvania, continued -undisturbed in the State, until the slavery agitation took root -in Congress; and was even so well established in the good opinion -of the people of that State, as late as thirteen years after the -commencement of that agitation, as to be boldly sustained by the -candidates for the highest offices. Of this an eminent instance -will be given in the canvass for the governorship of the State, -in the year 1838. In that year Mr. Marcy and Mr. Seward were the -opposing candidates, and an anti-slavery meeting, held at Utica, -passed a resolve to have them interrogated (among other things) on -the point of repealing the slave sojournment act. Messrs. Gerritt -Smith, and William Jay, were nominated a committee for that purpose, -and fulfilled their mission so zealously as rather to overstate the -terms of the act, using the word "importation" as applied to the -coming of these slaves with their owners, thus: "Are you in favor of -the repeal of the law which now authorizes the importation of slaves -into this State, and their detention here as such for the time of -nine months?" Objecting to the substitution of the term importation, -and stating the act correctly, both the candidates answered fully in -the negative, and with reasons for their opinion. The act was first -quoted in its own terms, as follows: - - "Any person, not being an inhabitant of this State, who shall - be travelling to or from, or passing through this State, may - bring with him any person lawfully held by him in slavery, and - may take such person with him from this State; but the person so - held in slavery shall not reside or continue in this State more - than nine months; and if such residence be continued beyond that - time, such person shall be free." - -Replying to the interrogatory, Mr. Marcy then proceeds to give his -opinion and reasons in favor of sustaining the act, which he does -unreservedly: - - "By comparing this law with your interrogatory, you will - perceive at once that the latter implies much more than the - former expresses. The discrepancy between them is so great, that - I suspected, at first, that you had reference to some other - enactment which had escaped general notice. As none, however, - can be found but the foregoing, to which the question is in - any respect applicable, there will be no mistake, I presume, - in assuming it to be the one you had in view. The deviation, - in putting the question, from what would seem to be the plain - and obvious course of directing the attention to the particular - law under consideration, by referring to it in the very terms - in which it is expressed, or at least in language showing its - objects and limitations, I do not impute to an intention to - create an erroneous impression as to the law, or to ascribe to - it a character of odiousness which it does not deserve; yet I - think that it must be conceded that your question will induce - those who are not particularly acquainted with the section of - the statute to which it refers, to believe that there is a law - of this State which allows a free importation of slaves into it, - without restrictions as to object, and without limitation as - to the persons who may do so; yet this is very far from being - true. This law does not permit any inhabitant of this State to - bring into it any person held in slavery, under any pretence - or for any object whatsoever; nor does it allow any person of - any other State or country to do so, except such person is - actually travelling to or from, or passing through this State. - This law, in its operation and effect, only allows persons - belonging to States or nations where domestic slavery exists, - who happen to be travelling in this State, to be attended by - their servants whom they lawfully hold in slavery when at home, - provided they do not remain within our territories longer than - nine months. The difference between it and the one implied by - your interrogatory is so manifest, that it is perhaps fair to - presume, that if those by whose appointment you act in this - matter had not misapprehended its character, they would not - have instructed you to make it the subject of one of your - questions. It is so restricted in its object, and that is so - unexceptionable, that it can scarcely be regarded as obnoxious - to well-founded objections when viewed in its true light. Its - repeal would, I apprehend, have an injurious effect upon our - intercourse with some of the other States, and particularly - upon their business connection with our commercial emporium. In - addition to this, the repeal would have a tendency to disturb - the political harmony among the members of our confederacy, - without producing any beneficial results to compensate for these - evils. I am not therefore in favor of it." - -This is an explicit answer, meeting the interrogatory with a full -negative, and impliedly rebuking the phrase "importation," by -supposing it would not have been used if the Utica convention had -understood the act. Mr. Seward answered in the same spirit, and -to the same effect, only giving a little more amplitude to his -excellent reasons. He says: - - "Does not your inquiry give too broad a meaning to the section? - It certainly does not confer upon any citizen of a State, or of - any other country, or any citizen of any other State, except - the owner of slaves in another State by virtue of the laws - thereof, the right to bring slaves into this State or detain - them here under any circumstances as such. I understand your - inquiry, therefore to mean, whether I am in favor of a repeal - of the law which declares, in substance, that any person from - the southern or south-western States, who may be travelling to - or from or passing thrugh the State, may bring with him and - take with him any person lawfully held by him in slavery in the - State from whence he came, provided such slaves do not remain - here more than nine months. The article of the constitution - of the United States which bears upon the present question, - declares that no person held to service or labor in one State, - under the laws thereof, escaping to another State, shall, in - consequence of any law or regulation therein, be discharged - from such service or labor, but such persons shall be delivered - up on claim of the party to whom such service or labor may be - due. I understand that, in the State of Massachusetts, this - provision of the constitution has been decided by the courts - not to include the case of a slave brought by his master into - the State, and escaping thence. But the courts of law in this - State have uniformly given a different construction to the same - article of the constitution, and have always decided that it - does embrace the case of a slave brought by his master into - this State, and escaping from him here. Consequently, under - this judicial construction of the constitution, and without, - and in defiance of any law or regulation of this State, if the - slave escape from his master in this State, he must be restored - to him, when claimed at any time during his master's temporary - sojournment within the State, whether that sojournment be six - months, nine months, or longer. It is not for me to say that - this decision is erroneous, nor is it for our legislature. - Acting under its authority, they passed the law to which you - object, for the purpose, not of conferring new powers or - privileges on the slave-owner, but to prevent his abuse of that - which the constitution of the United States, thus expounded, - secures to him. The law, as I understand it, was intended to - fix a period of time as a test of transient passage through, or - temporary residence in the State, within the provisions of the - constitution. The duration of nine months is not material in the - question, and if it be unnecessarily long, may and ought to be - abridged. But, if no such law existed, the right of the master - (under the construction of the constitution before mentioned) - would be indefinite, and the slave must be surrendered to him - in all cases of travelling through, or passage to or from the - State. If I have correctly apprehended the subject, this law - is not one conferring a right upon any person to import slaves - into the State, and hold them here as such; but is an attempt - at restriction upon the constitutional right of the master; a - qualification, or at least a definition of it, and is in favor - of the slave. Its repeal, therefore, would have the effect - to put in greater jeopardy the class of persons you propose - to benefit by it. While the construction of the constitution - adopted here is maintained, the law, it would seem, ought to - remain upon our statute book, not as an encroachment upon the - rights of man, but a protection for them. - - "But, gentlemen, being desirous to be entirely candid in - this communication, it is proper I should add, that I am not - convinced it would be either wise, expedient or humane, to - declare to our fellow-citizens of the southern and south-western - States, that if they travel to or from, or pass through the - State of New York, they shall not bring with them the attendants - whom custom, or education, or habit, may have rendered necessary - to them. I have not been able to discover any good object to - be attained by such an act of inhospitality. It certainly can - work no injury to us, nor can it be injurious to the unfortunate - beings held in bondage, to permit them, once perhaps in their - lives, and at most, on occasions few and far between, to - visit a country where slavery is unknown. I can even conceive - of benefits to the great cause of human liberty, from the - cultivation of this intercourse with the South. I can imagine - but one ground of objection, which is, that it may be regarded - as an implication that this State sanctions slavery. If this - objection were well grounded, I should at once condemn the law. - But, in truth, the law does not imply any such sanction. The - same statute which, in necessary obedience to the constitution - of the United States as expounded, declares the exception, - condemns, in the most clear and definite terms, all human - bondage. I will not press the considerations flowing from the - nature of our Union, and the mutual concessions on which it - was founded, against the propriety of such an exclusion as - your question contemplates, apparently for the purpose only - of avoiding an implication not founded in fact, and which the - history of our State so nobly contradicts. It is sufficient - to say that such an exclusion could have no good effect - practically, and would accomplish nothing in the great cause of - human liberty." - -These answers do not seem to have affected the election in any way. -Mr. Seward was elected, each candidate receiving the full vote of -his party. Since that time the act has been repealed, and no voice -has yet been raised to restore it. Just and meritorious as were -the answers of Messrs. Marcy and Seward in favor of sustaining -the sojourning act, their voice in favor of its restoration would -be still more so now. It was a measure in the very spirit of the -constitution, and in the very nature of a union, and in full harmony -with the spirit of concession, deference and good-will in which -the constitution was founded. Several other States had acts to the -same effect, and the temper of the people in all the free States -was accordant. It was not until after the slavery question became -a subject of _political_ agitation, in the national legislature, -that these acts were repealed, and this spirit destroyed. Political -agitation has done all the mischief. - -The act of Pennsylvania, of March 3d, 1847, besides repealing the -slave sojournment act of 1780--(an act made in the time of Dr. -Franklin, and which had been on her statute-book near seventy -years), besides repealing her recent act of 1826, and besides -forbidding the use of her prisons, and the intervention of her -officers in the recovery of fugitive slaves--besides all this, went -on to make positive enactments to prevent the exercise of the rights -of forcible recaption of fugitive slaves, as regulated by the act of -Congress, under the clause in the constitution; and for that purpose -contained this section: - - "That if any person or persons claiming any negro or mulatto, - as fugitive from servitude or labor, shall, under any pretence - of authority whatever, violently and tumultuously seize upon - and carry away in a riotous, violent, and tumultuous manner, - and so as to disturb and endanger the public peace, any negro - or mulatto within this commonwealth, either with or without the - intention of taking such negro or mulatto before any district - or circuit judge, the person or persons so offending against - the peace of this commonwealth, shall be deemed guilty of a - misdemeanor; and on conviction thereof, shall be sentenced - to pay a fine of not less than one hundred nor more than two - thousand dollars; and, further, be confined in the county jail - for any period not exceeding three months, at the discretion of - the court." - -The granting of the _habeas corpus_ writ to any fugitive slave -completed the enactments of this statute, which thus carried out, to -the full, the ample intimations contained in its title, to wit: "_An -act to prevent kidnapping, preserve the public peace, prohibit the -exercise of certain powers heretofore exercised by judges, justices -of the peace, aldermen, and jailers in this commonwealth; and, to -repeal certain slave laws._" This act made a new starting-point in -the anti-slavery movements North, as the resolutions of Mr. Calhoun, -of the previous month, made a new starting-point in the pro-slavery -movements in the South. The first led to the new fugitive slave -recovery act of 1850--the other has led to the abrogation of the -Missouri Compromise line; and, between the two, the state of things -has been produced which now afflicts and distracts the country, and -is working a sectional divorce of the States. - -A citizen of Maryland, acting under the federal law of '93, in -recapturing his slave in Pennsylvania, was prosecuted under the -State act of 1826--convicted--and sentenced to its penalties. -The constitutionality of this enactment was in vain plead in -the Pennsylvania court; but her authorities acted in the spirit -of deference and respect to the authorities of the Union, and -concurred in an "_agreed case_," to be carried before the Supreme -Court of the United States, to test the constitutionality of the -Pennsylvania law. That court decided fully and promptly all the -points in the case, and to the full vindication of all the rights of -a slaveholder, under the recaption clause in the constitution. The -points decided cover the whole ground, and, besides, show precisely -in what particular the act of 1793 required to be amended, to make -it work out its complete effect under the constitution, independent -of all extrinsic aid. The points were these: - - "The provisions of the act of 12th of February, 1793, relative - to fugitive slaves, is clearly constitutional in all its leading - provisions, and, indeed, with the exception of that part which - confers authority on State magistrates, is free from reasonable - doubt or difficulty. As to the authority so conferred on State - magistrates, while a difference of opinion exists, and may exist - on this point, in different States, whether State magistrates - are bound to act under it, none is entertained by the court, - that State magistrates may, if they choose, exercise that - authority, unless forbid by State legislation." "The power of - legislation in relation to fugitives from labor is exclusive - in the national legislature." "The right to seize and retake - fugitive slaves, and the duty to deliver them up, in whatever - State of the Union they may be found, is under the constitution - recognized as an absolute, positive right and duty, pervading - the whole Union with an equal and supreme force, uncontrolled - and uncontrollable by State sovereignty or State legislation. - The right and duty are co-extensive and uniform in remedy - and operation throughout the whole Union. The owner has the - same exemption from State regulations and control, through - however many States he may pass with the fugitive slaves in - his possession _in transitu_ to his domicil." "The act of the - legislature of Pennsylvania, on which the indictment against - Edward Prigg was founded, for carrying away a fugitive slave, - is unconstitutional and void. It purports to punish, as a - public offence against the State, the very act of seizing and - removing a slave by his master, which the constitution of - the United States was designed to justify and uphold." "The - constitutionality of the act of Congress (1793), relating to - fugitives from labor, has been affirmed by the adjudications of - the State tribunals, and by those of the courts of the United - States." - -This decision of the Supreme Court--so clear and full--was further -valuable in making visible to the legislative authority what was -wanting to give efficacy to the act of 1793; it was nothing but to -substitute federal commissioners for the State officers forbidden -to act under it; and that substitution might have been accomplished -in an amendatory bill of three or four lines--leaving all the rest -of the act as it was. Unfortunately Congress did not limit itself -to an amendment of the act of 1793; it made a new law--long and -complex--and striking the public mind as a novelty. It was early in -the session of 1849-'50 that the Judiciary Committee of the Senate -reported a bill on the subject; it was a bill long and complex, and -distasteful to all sides of the chamber, and lay upon the table -six months untouched. It was taken up in the last weeks of a nine -months' session, and substituted by another bill, still longer and -more complex. This bill also was very distasteful to the Senate -(the majority), and had the singular fate of being supported in -its details, and passed into law, with less than a quorum of the -body in its favor, and without ever receiving the full senatorial -vote of the slave States. The material votes upon it, before it was -passed, were on propositions to give the fugitive a jury trial, if -he desired it, upon the question of his condition--free or slave; -and upon the question of giving him the benefit of the writ of -_habeas corpus_. The first of these propositions originated with -Mr. Webster, but was offered in his absence by Mr. Dayton, of New -Jersey. He (Mr. Webster) drew up a brief bill early in the session, -to supply the defect found in the working of the act of '93; it was -short and simple; but it contained a proviso in favor of a jury -trial when the fugitive denied his servitude. That would have been -about always; and this jury trial, besides being incompatible with -the constitution, and contradictory to all cases of proceeding -against fugitives, would have been pretty sure to have been fatal to -the pursuer's claim; and certainly both expensive and troublesome to -him. It was contrary to the act of 1793, and contrary to the whole -established course of reclaiming fugitives, which is always to carry -them back to the place from which they fled to be tried. Thus, -if a man commits an offence in one country, and flies to another, -he is carried back; so, if he flies from one State to another; -and so in all the extradition treaties between foreign nations. -All are carried back to the place from which they fled, the only -condition being to establish the flight and the probable cause; and -that in the case of fugitives from labor, as well as from justice, -both of which classes are put together in the constitution of the -United States, and in the fugitive act of 1793. The proposition -was rejected by a vote of eleven to twenty-seven. The yeas were: -Messrs. Davis of Massachusetts, Dayton, Dodge of Wisconsin, Greene, -Hamlin, Phelps, Smith, Upham, Walker of Wisconsin, and Winthrop. -The nays were: Messrs. Atchison, Badger, Barnwell, Bell, Benton, -Berrien, Butler, Cass, Davis of Mississippi, Dawson, Dodge of Iowa, -Downs, Houston, Jones of Iowa, King, Mangum, Mason, Morton, Pratt -of Maryland, Rusk, Sebastian, Soule, Sturgeon, Turney, Underwood, -Wales, Yulee. The motion in favor of granting the benefit of the -writ of habeas corpus to the fugitive was made by Mr. Winthrop, and -rejected by the same vote of eleven yeas and twenty-seven nays. -Other amendments were offered and disposed of, and the question -coming on the passing of the bill, Mr. Cass, in speaking his own -sentiments in favor of merely amending the act of 1793, also spoke -the sentiments of many others, saying: - - "When this subject was before the compromise committee, there - was a general wish, and in that I fully concurred, that the - main features of the act of 1793 upon this subject, so far - as they were applicable, should be preserved, and that such - changes as experience has shown to be necessary to a fair and - just enforcement of the provisions of the constitution for the - surrender of fugitive slaves, should be introduced by way of - amendment. That law was approved by Washington, and has now been - in force for sixty years, and lays down, among others, four - general principles, to which I am prepared to adhere: 1. The - right of the master to arrest his fugitive slave wherever he - may find him. 2. His duty to carry him before a magistrate in - the State where he is arrested, and that claim may be adjudged - by him. 3. The duty of the magistrate to examine the claim, and - to decide it, like other examining magistrates, without a jury, - and then to commit him to the custody of the master. 4. The - right of the master then to remove the slave to his residence. - At the time this law was passed, every justice of the peace - throughout the Union was required to execute the duties under - it. Since then, as we all know, the Supreme Court has decided - that justices of the peace cannot be called upon to execute - this law, and the consequence is, that they have almost every - where refused to do so. The master seeking his slave found his - remedy a good one at the time, but now very ineffectual; and - this defect is one that imperiously requires a remedy. And this - remedy I am willing to provide, fairly and honestly, and to make - such other provisions as may be proper and necessary. But I - desire for myself that the original act should remain upon the - statute book, and that the changes shown to be necessary should - be made by way of amendment." - -The vote on the passing of the bill was 27 to 12, the yeas being: -Messrs. Atchison, Badger, Barnwell, Bell, Berrien, Butler, Davis -of Miss., Dawson, Dodge of Iowa, Downs, Foote, Houston, Hunter, -Jones of Iowa, King, Mangum, Mason, Pearce, Rusk, Sebastian, Soule, -Spruance, Sturgeon, Turney, Underwood, Wales, and Yulee. The nays -were: Messrs. Baldwin, Bradbury, Cooper, Davis of Mass., Dayton, -Dodge of Wisconsin, Greene of Rhode Island, Smith, Upham, Walker, -and Winthrop. Above twenty senators did not vote at all upon the -bill, of whom Mr. Benton was one. Nearly the whole of these twenty -would have voted for an amendment to the act of 1793, supplying -federal officers in place of the State officers who were to assist -in its execution. Some three or four lines would have done that; -but instead of this brief enactment to give effect to an ancient -and well-known law, there was a long bill of ten sections, giving -the aspect of a new law; and with such multiplied and complex -provisions as to render the act inexecutable, except at a cost and -trouble which would render the recovery of little or no value; -and to be attended with an array and machinery which would excite -disturbance, and scenes of force and violence, and render the law -odious. It passed the House, and became a law, and has verified all -the objections taken to it. - -Mr. Benton did not speak upon this bill at the time of its passage; -he had done that before, in a previous stage of the question, and -when Mr. Clay proposed to make it a part of his compromise measures. -He (Mr. Benton) was opposed to confounding an old subject of -constitutional obligation with new and questionable subjects, and -was ready to give the subject an independent consideration, and to -vote for any bill that should be efficient and satisfactory. He said: - - "We have a bill now--an independent one--for the recovery of - these slaves. It is one of the oldest on the calendar, and - warmly pressed at the commencement of the session. It must be - about ripe for decision by this time. I am ready to vote upon - it, and to vote any thing under the constitution which will be - efficient and satisfactory. It is the only point, in my opinion, - at which any of the non-slaveholding States, as States, have - given just cause of complaint to the slaveholding States. I - leave out individuals and societies, and speak of States in - their corporate capacity; and say, this affair of the runaway - slaves is the only case in which any of the non-slaveholding - States, in my opinion, have given just cause of complaint to - the slaveholding States. But, how is it here? Any refusal on - the part of the northern members to legislate the remedy? We - have heard many of them declare their opinions; and I see no - line of east and west dividing the north from the south in these - opinions. I see no geographical boundary dividing northern and - southern opinions. I see no diversity of opinion but such as - occurs in ordinary measures before Congress. For one, I am ready - to vote at once for the passage of a fugitive slavery recovery - bill; but it must be as a separate and independent measure." - -Mr. Benton voted upon the amendments, and to make the bill efficient -and satisfactory; but failed to make it either, and would neither -vote for it nor against it. It has been worth but little to the -slave States in recovering their property, and has been annoying to -the free States from the manner of its execution, and is considered -a new act, though founded upon that of '93, which is lost and hid -under it. The wonder is how such an act came to pass, even by so -lean a vote as it received--for it was voted for by less than the -number of senators from the slave States alone. It is a wonder how -it passed at all, and the wonder increases on knowing that, of the -small number that voted for it, many were against it, and merely -went along with those who had constituted themselves the particular -guardians of the rights of the slave States, and claimed a lead in -all that concerned them. - -Those self-constituted guardians were permitted to have their own -way; some voting with them unwillingly, others not voting at all. -It was a part of the plan of "compromise and pacification," which -was then deemed essential to save the Union: and under the fear of -danger to the Union on one hand, and the charms of pacification -and compromise on the other, a few heated spirits got the control, -and had things their own way. Under other circumstances--in any -season of quiet and tranquillity--the vote of Congress would have -been almost general against the complex, cumbersome, expensive, -annoying, and ineffective bill that was passed, and in favor of the -act (with the necessary amendment) which Washington recommended and -signed--which State and Federal judiciaries had sanctioned--which -the people had lived under for nearly sixty years, and against -which there was no complaint until slavery agitation had become a -political game to be played at by parties from both sides of the -Union. All public men disavow that game. All profess patriotism. -All applaud the patriotic spirit of our ancestors. Then imitate -that spirit. Do as these patriotic fathers did--the free States -by reviving the sojournment laws which gave safety to the slave -property of their fellow-citizens of other States passing through -them--the slave States by acting in the spirit of those who enacted -the anti-slavery ordinance of 1787, and the Missouri Compromise line -of 1820. New York and Pennsylvania are the States to begin, and to -revive the sojournment laws which were in force within them for -half a century. The man who would stand up in each of these States -and propose the revival of these acts, for the same reasons that -Messrs. Marcy and Seward opposed their repeal, would give a proof of -patriotism which would entitle him to be classed with our patriotic -ancestors. - - - - -CHAPTER CXCVIII. - -DISUNION MOVEMENTS: SOUTHERN PRESS AT WASHINGTON: SOUTHERN -CONVENTION AT NASHVILLE: SOUTHERN CONGRESS CALLED FOR BY SOUTH -CAROLINA AND MISSISSIPPI. - - - "_When the future historian shall address himself to the task - of portraying the rise, progress, and decline of the American - Union, the year 1850 will arrest his attention, as denoting and - presenting the first marshalling and arraying of those hostile - forces and opposing elements which resulted in dissolution; and - the world will have another illustration of the great truth, - that forms and modes of government_, _however correct in - theory, are only valuable as they conduce to the great ends of - all government--the peace, quiet, and conscious security of the - governed._" - -So wrote a leading South Carolina paper on the first day of January, -1850--and not without a knowledge of what it was saying. All that -was said was attempted, and the catastrophe alone was wanting to -complete the task assigned to the future historian. - -The manifesto of the forty-two members from the slave States, -issued in 1849, was not a _brutum fulmen_, nor intended to be so. -It was intended for action, and was the commencement of action; -and regular steps for the separation of the slave from the free -States immediately began under it. An organ of disunion, entitled -"The Southern Press," was set up at Washington, established upon a -contribution of $30,000 from the signers to the Southern manifesto, -and their ardent adherents--its daily occupation to inculcate the -advantages of disunion, to promote it by inflaming the South against -the North, and to prepare it by organizing a Southern concert of -action. Southern cities were to recover their colonial superiority -in a state of sectional independence; the ships of all nations were -to crowd their ports to carry off their rich staples, and bring back -ample returns; Great Britain was to be the ally of the new "United -States South;" all the slave States were expected to join, but the -new confederacy to begin with the South Atlantic States, or even a -part of them; and military preparation was to be made to maintain by -force what a Southern convention should decree. That convention was -called--the same which had been designated in the first manifesto, -entitled THE CRISIS, published in the Charleston Mercury in 1835; -and the same which had been repulsed from Nashville in 1844. Fifteen -years of assiduous labor produced what could not be started in -1835, and what had been repulsed in 1844. A disunion convention met -at Nashville! met at the home of Jackson, but after the grave had -become his home. - -This convention (assuming to represent seven States) took the -decisive step, so far as it depended upon itself, towards a -separation of the States. It invited the assembling of a "Southern -Congress." Two States alone responded to that appeal--South Carolina -and Mississippi; and the legislatures of these two passed solemn -acts to carry it into effect--South Carolina absolutely, by electing -her quota of representatives to the proposed congress; Mississippi -provisionally, by subjecting her law to the approval of the people. -Of course, each State gave a reason, or motive for its action. South -Carolina simply asserted the "aggressions" of the slaveholding -States to be the cause, without stating what these aggressions were; -and, in fact, there were none to be stated. For even the repeal -of the slave sojournment law in some of them, and the refusal to -permit the State prisons to be used for the detention of fugitives -from service, or State officers to assist in their arrest, though -acts of unfriendly import, and a breach of the comity due to sister -States, and inconsistent with the spirit of the constitution, were -still acts which the States, as sovereign within their limits upon -the subjects to which they refer, had a right to pass. Besides, -Congress had readily passed the fugitive slave recovery bill, just -as these Southern members wished it; and left them without complaint -against the national legislature on that score. All other matters of -complaint which had successively appeared against the free States -were gone--Wilmot Proviso, and all. The act of Mississippi gave two -reasons for its action: - - "_First_. That the legislation of Congress, at the last session, - was controlled by a dominant majority regardless of the - constitutional rights of the slaveholding States: and, - - "_Secondly_. That the legislation of Congress, such as it was, - affords alarming evidence of a settled purpose on the part of - said majority to destroy the institution of slavery, not only - in the State of Mississippi, but in her sister States, and to - subvert the sovereign power of that and other slaveholding - States." - -Waiving the question whether these reasons, if true, would be -sufficient to justify this abrupt attempt to break up the Union, -an issue of fact can well be taken on their truth: and first, of -the dominant majority of the last session, ending September 1850: -that majority, in every instance, was helped out by votes from the -slave States, and generally by a majority of them. The admission of -California, which was the act of the session most complained of, -most resisted, and declared to be a "test" question, was supported -by a majority of the members from the slave States: so that reason -falls upon the trial of an issue of fact. The second set of reasons -have for their point, an assertion that the majority in Congress -have a settled purpose to destroy the institution of slavery in the -State of Mississippi, and in the other slave States, and to subvert -the sovereignty of all the slave States. It is the duty of history -to deal with this assertion, thus solemnly put in a legislative -act as a cause for the secession of a State from the Union--and to -say, that it was an assertion without evidence, and contrary to -the evidence, and contrary to the fact. There was no such settled -purpose in the majority of Congress, nor in a minority of Congress, -nor in any half-dozen members of Congress--if in any one at all. -It was a most deplorable assertion of a most alarming design, -calculated to mislead and inflame the ignorant, and make them fly to -disunion as the refuge against such an appalling catastrophe. But it -was not a new declaration. It was part and parcel of the original -agitation of slavery commenced in 1835, and continued ever since. -To destroy slavery in the States has been the design attributed to -the Northern States from that day to this, and is necessary to be -kept up in order to keep alive the slavery agitation in the slave -States. It has received its constant and authoritative contradiction -in the conduct of those States at home, and in the acts of their -representatives in Congress, year in and year out; and continues -to receive that contradiction, continually; but without having the -least effect upon its repetition and incessant reiteration. In the -mean time there is a fact visible in all the slave States, which -shows that, notwithstanding these twenty years' repetition of the -same assertion, there is no danger to slavery in any slave State. -Property is timid! and slave property above all: and the market is -the test of safety and danger to all property. Nobody gives full -price for anything that is insecure, either in title or possession. -All property, in danger from either cause, sinks in price when -brought to that infallible test. Now, how is it with slave property, -tried by this unerring standard? Has it been sinking in price -since the year 1835? since the year of the first alarm manifesto -in South Carolina, and the first of Mr. Calhoun's twenty years' -alarm speeches in the Senate? On the contrary, the price has been -constantly rising the whole time--and is still rising, although it -has attained a height incredible to have been predicted twenty -years ago. - -But, although the slavery alarm does not act on property, yet -it acts on the feelings and passions of the people, and excites -sectional animosity, hatred for the Union, and desire for -separation. The Nashville convention, and the call for the Southern -Congress, were natural occasions to call out these feelings; -and most copiously did they flow. Some specimens, taken from -the considered language of men in high authority, and speaking -advisedly, and for action, will show the temper of the whole--the -names withheld, because the design is to show a danger, and not to -expose individuals. - -In the South Carolina Legislature, a speaker declared: - - "We must secede from a Union perverted from its original - purpose, and which has now become an engine of oppression to the - South. He thought our proper course was for this legislature - to proceed directly to the election of delegates to a Southern - Congress. He thought we should not await the action of all the - Southern States; but it is prudent for us to await the action - of such States as Alabama, Georgia, Mississippi, and Florida; - because these States have requested us to wait. If we can get - but one State to unite with us, then we must act. Once being - independent, we would have a strong ally in England. But we must - prepare for secession." - -Another: - - "The friends of the Southern movement in the other States look - to the action of South Carolina; and he would make the issue in - a reasonable time, and the only way to do so is by secession. - There would be no concert among the Southern States until a blow - is struck. And if we are sincere in our determination to resist, - we must give the South some guarantee that we are in earnest. - He could not concur with the gentleman from Greenville in his - expressions of attachment to the Union. He hated and detested - the Union, and was in favor of cutting the connection. He avowed - himself a disunionist--a disunionist _per se_. If he had the - power, he would crush this Union to-morrow." - -Another: - - "Denied the right or the power of the general government to - coerce the State in case of secession. This State is sovereign - and independent, so soon as she sees proper to assert that - sovereignty. And when can we be stronger than we are now? If - we intend to wait until we become superior to the federal - government in numerical strength, we will wait for ever. In the - event of an attempt to coerce her, sacrifices might be made, - but we are willing and ready to make those sacrifices. But he - did not believe one gun would be fired in this contest. South - Carolina would achieve a bloodless victory. But, should there be - a war, all the nations of Europe would be desirous of preserving - their commercial intercourse with the Southern States, and would - make the effort to do so. He thought there never would be a - union of the South until this State strikes the blow, and makes - the issue." - -Another: - - "Would not recapitulate the evils which had been perpetrated - upon the South. Great as they have been, they are comparatively - unimportant, when compared with the evils to which they would - inevitably lead. We must not consider what we have borne, but - what we must bear hereafter. There is no remedy for these evils - in the government; we have no alternative left us, then, but to - come out of the government." - -Another: - - "He was opposed to calling a convention, because he thought - it would impede the action of this State on the questions now - before the country. He thought it would impede our progress - towards disunion. All his objections to a convention of - the people applied only to the proposition to call it now. - He thought conventions dangerous things, except when the - necessities of the country absolutely demand them. He said that - he had adopted the course he had taken on these weighty matters - simply and entirely with the view of hastening the dissolution - of this Union." - -Another: - - "Would sustain the bill for electing delegates to a Southern - Congress, because he thought it would bring about a more speedy - dissolution of the Union." - -In the Nashville convention a delegate said: - - "I shall enumerate no more of the wrongs that we have suffered, - or the dangers with which we are threatened. If these, so - enormous and so atrocious, are not sufficient to arouse the - Southern mind, our case is desperate. But, supposing that we - shall be roused, and that we shall act like freemen, and, - knowing our rights and our wrongs, shall be prepared to sustain - the one and redress the other, what is the remedy? I answer - secession--united secession of the slaveholding States, or a - large number of them. Nothing else will be wise--nothing else - will be practicable. The Rubicon is passed. The Union is already - dissolved. Instead of wishing the perpetuity of any government - over such vast boundaries, the rational lover of liberty should - wish for its speedy dissolution, as dangerous to all just and - free rule. Is not all this exemplified in our own case? In nine - months, in one session of Congress, by a great _coup d'etat_, - our constitution has been completely and for ever subverted. - Instead of a well balanced government, all power is vested - in one section of the country, which is in bitter hostility - with the other. And this is the glorious Union which we are to - support, for whose eternal duration we are to pray, and before - which the once proud Southron is to bow down. He ought to perish - rather." - - "They have not, however, been satisfied with taking all (the - territory). They have made that all a wicked instrument for - the abolition of the constitution, and of every safeguard of - our property and our lives. I have said they have made the - appropriation of this territory an instrument to abolish the - constitution. There is no doubt that they have abolished the - constitution. The carcass may remain, but the spirit has left - it. It is now a fetid mass, generating disease and death. It - stinks in our nostrils." - - "A constitution means _ex vi termini_, a guarantee of the - rights, liberty, and security of a free people, and can never - survive in the shape of dead formalities. It is a thing of life, - and just and fair proportions; not the _caput mortuum_ which the - so-called Constitution of the United States has now become. Is - there a Southern man who bears a soul within his ribs, who will - consent to be governed by this vulgar tyranny," &c. - -From public addresses: - - "Under the operation of causes beyond the scan of man, we are - rapidly approaching a great and important crisis in our history. - The shadow of the sun has gone back upon the dial of American - liberty, and we are rapidly hastening towards the troubled sea - of revolution. A dissolution of the Union is our inevitable - destiny, and it is idle for man to raise his puny arm to stem - the tide of events," &c. - -Another: - - "We must form a separate government. The slaveholding States - must all yet see that their only salvation consists in uniting, - and that promptly too, in organizing a Southern confederacy. - Should we be wise enough thus to unite, all California, with her - exhaustless treasures, would be ours; all New Mexico also, and - the sun would never shine upon a country so rich, so great and - so powerful, as would be our Southern republic." - -Another: - - "By our physical power," said one of the foremost of those - leaders, in a late speech to his constituents, "we can protect - ourselves against foreign nations, whilst by our productions we - can command their peace or support. The keys of their wealth - and commerce are in our hands, which we will freely offer to - them by a system of free trade, making our prosperity their - interest--our security their care. The lingering or decaying - cities of the South, which before our Revolution carried on all - their foreign commerce, buoyant with prosperity and wealth, but - which now are only provincial towns, sluggish suburbs of Boston - and New York, will rise up to their natural destiny, and again - enfold in their embraces the richest commerce of the world. - Wealth, honor, and power, and one of the most glorious destinies - which ever crowned a great and happy people, awaits the South, - if she but control her own fate; but, controlled by another - people, what pen shall paint the infamous and bloody catastrophe - which must mark her fall?" - -From fourth of July toasts: - - "The Union: A splendid failure of the first modern attempt, - by people of different institutions, to live under the same - government. - - "The Union: For it we have endured much; for it we have - sacrificed much. Let us beware lest we endure too much; lest we - sacrifice too much. - - "Disunion rather than degradation. - - "South Carolina: She struck for the Union when it was a - blessing; when it becomes a curse, she will strike for herself. - - "The Compromise: 'The best the South can get.' A cowardly banner - held out by the _spoilsman_ that would sell his country for a - mess of pottage. - - "The American Eagle: In the event of a dissolution of the Union, - the South claims as her portion, the heart of the noble bird; to - the Yankees we leave the feathers and carcass. - - "The South: Fortified by right, she considers neither threats - nor consequences. - - "The Union: Once a holy alliance, now an accursed bond." - -Among the multitude of publications most numerous in South Carolina -and Mississippi, but also appearing in other slave States, all -advocating disunion, there were some (like Mr. Calhoun's letter to -the Alabama member which feared the chance might be lost which the -Wilmot Proviso furnished) also that feared agitation would stop -in Congress, and deprive the Southern politicians of the means of -uniting the slave States in a separate confederacy. Of this class of -publications here is one from a leading paper: - - "The object of South Carolina is undoubtedly to dissolve this - Union, and form a confederacy of slaveholding States. Should it - be impossible to form this confederacy, then her purpose is, we - believe conscientiously, to disconnect herself from the Union, - and set up for an independent Power. Will delay bring to our - assistance the slaveholding States? If the slavery agitation, - its tendencies and objects, were of recent origin, and not fully - disclosed to the people of the South, delay might unite us in - concerted action. We have no indication that Congress will soon - pass obnoxious measures, restricting or crippling directly the - institution of slavery. Every indication makes us fear that a - pause in fanaticism is about to follow, to allow the government - time to consolidate her late acquisitions and usurpations of - power. Then the storm will be again let loose to gather its - fury, and burst upon our heads. We have no hopes that the - agitation in Congress, this or next year, will bring about the - union of the South." - -Enough to show the spirit that prevailed, and the extraordinary and -unjustifiable means used by the leaders to mislead and exasperate -the people. The great effort was to get a "Southern Congress" -to assemble, according to the call of the Nashville convention. -The assembling of that "Congress" was a turning point in the -progress of disunion. It failed. At the head of the States which -had the merit of stopping it, was Georgia--the greatest of the -South-eastern Atlantic States. At the head of the presses which did -most for the Union, was the National Intelligencer at Washington -City, long edited by Messrs. Gales & Seaton, and now as earnest -against Southern disunion in 1850 as they were against the Hartford -convention disunion of 1814. The Nashville convention, the Southern -Congress, and the Southern Press established at Washington, were the -sequence and interpretation (so far as its disunion-design needed -interpretation), of the Southern address drawn by Mr. Calhoun. His -last speech, so far as it might need interpretation, received it -soon after his death in a posthumous publication of his political -writings, abounding with passages to show that the Union was a -mistake--the Southern States ought not to have entered into it, and -should not now re-enter it, if out of it, and that its continuance -was impossible as things stood: Thus: - - "All this has brought about a state of things hostile to the - continuance of this Union, and the duration of the government. - Alienation is succeeding to attachment, and hostile feelings to - alienation; and these, in turn, will be followed by revolution, - or a disruption of the Union, unless timely prevented. But this - cannot be done by restoring the government to its _federal_ - character--however necessary that may be as a first step. What - has been done cannot be undone. The equilibrium between the - two sections has been permanently destroyed by the measures - above stated. The Northern section, in consequence, will ever - concentrate within itself the two majorities of which the - government is composed; and should the Southern be excluded - from all the territories, now acquired, _or to be hereafter - acquired_, it will soon have so decided a preponderance in - the government and the Union, as to be able to mould the - constitution to its pleasure. Against this the restoration - of the _federal_ character of the government can furnish no - remedy. So long as it continues there can be no safety for - the weaker section. It places in the hands of the stronger - and the _hostile_ section, the power to crush her and her - _institutions_; and leaves no alternative but to _resist_, - or sink down into a colonial condition. This must be the - consequence, if some effectual and appropriate remedy is not - applied. - - "The nature of the disease is such, that nothing can reach it, - short of some organic change--a change which will so modify - the constitution as to give to the weaker section, in some one - form or another, a _negative_ on the action of the government. - Nothing short of this can protect the weaker, and restore - harmony and tranquillity to the Union by arresting effectually - the tendency of the dominant section to oppress the weaker. - When the constitution was formed, the impression was strong - that the tendency to conflict would be between the larger and - smaller States; and effectual provisions were accordingly made - to guard against it. But experience has proved this to be a - mistake; and that instead of being as was then supposed, the - conflict is between the two great sections which are so strongly - distinguished by their institutions, geographical character, - productions and pursuits. Had this been then as clearly - perceived as it now is, the same jealousy which so vigilantly - watched and guarded against the danger of the larger States - oppressing the smaller, would have taken equal precaution to - guard against the same danger between the two sections. It is - for _us_, who see and feel it, to do, what the framers of the - constitution would have done, had they possessed the knowledge, - in this respect, which experience has given to us; that is, to - provide against the dangers which the system has practically - developed; and which, had they been foreseen at the time, and - left without guard, would undoubtedly have _prevented_ the - States forming the _Southern_ section of the confederacy, from - ever _agreeing_ to the constitution; and which, under like - circumstances, were they now out of, would for ever _prevent_ - them _entering_ into the Union. How the constitution could - best be modified, so as to effect the object, can only be - authoritatively determined by the amending power. It may be - done in various ways. Among others, it might be effected - through a re-organization of the Executive Department; so - that its powers, instead of being vested, as they now are, in - a single officer, should be vested in two, to be so elected, - as that the two should be constituted the special organs and - representatives of the respective sections in the Executive - Department of the government; and requiring each to _approve_ - of all the acts of Congress before they become laws. One might - be charged with the administration of matters connected with - the foreign relations of the country; and the other, of such as - were connected with its domestic institutions: the selection - to be decided by lot. Indeed it may be doubted, whether the - framers of the constitution did not commit a great _mistake_, in - constituting a single, instead of a plural executive. Nay, it - may even be doubted whether a single magistrate, invested with - all the powers properly appertaining to the Executive Department - of the government, as is the President, is compatible with the - _permanence_ of a popular government; especially in a wealthy - and populous community, with a large revenue, and a numerous - body of officers and employees. Certain it is, that there is - no instance of a popular government so constituted which has - long endured. Even ours, thus far, furnishes no evidence in - its favor, and not a little against it: for, to it the present - disturbed and dangerous state of things, which threaten the - country with _monarchy_ or _disunion_, may be justly attributed." - -The observing reader, who may have looked over the two volumes of -this View, in noting the progress of the slavery agitation, and its -successive alleged causes for disunion, must have been struck with -the celerity with which these causes, each in its turn, as soon -as removed, has been succeeded by another, of a different kind; -until, at last, they terminate in a cause which ignores them all, -and find a new reason for disunion in the constitution itself! in -that constitution, the protection of which had been invoked as -sufficient, during the whole period of the alleged "aggressions and -encroachments." In 1835, when the first agitation manifesto and -call for a Southern convention, and invocation to unity and concert -of action, came forth in the Charleston Mercury, entitled "_The -Crisis_," the cause of disunion was then in the abolition societies -established in some of the free States, and which these States were -required to suppress. Then came the abolition petitions presented -in Congress; then the mail transmission of incendiary publications; -then the abolition of slavery in the District of Columbia; then -the abolition of the slave trade between the States; then the -exclusion of slavery from Oregon; then the Wilmot Proviso; then the -admission of California with a free constitution. Each of these, -in its day, was a cause of disunion, to be effected through the -instrumentality of a Southern convention, forming a sub-confederacy, -in flagrant violation of the constitution, and effecting the -disunion by establishing a commercial non-intercourse with the free -States. After twenty years' agitation upon these points, they are -all given up. The constitution, and the Union, were found to be -a "mistake" from the beginning--an error in their origin, and an -impossibility in their future existence, and to be amended into -another impossibility, or broken up at once. - -The regular inauguration of this slavery agitation dates from -the year 1835; but it had commenced two years before, and in -this way: nullification and disunion had commenced in 1830 upon -complaint against protective tariff. That being put down in 1833 -under President Jackson's proclamation and energetic measures, was -immediately substituted by the slavery agitation. Mr. Calhoun, when -he went home from Congress in the spring of that year, told his -friends, _That the South could never be united against the North on -the tariff question--that the sugar interest of Louisiana would keep -her out--and that the basis of Southern union must be shifted to the -slave question._ Then all the papers in his interest, and especially -the one at Washington, published by Mr. Duff Green, dropped tariff -agitation, and commenced upon slavery; and, in two years, had the -agitation ripe for inauguration on the slavery question. And, in -tracing this agitation to its present stage, and to comprehend its -rationale, it is not to be forgotten that it is a mere continuation -of old tariff disunion; and preferred because more available. - -In June, 1833, at the first transfer of Southern agitation from -tariff to slavery, Mr. Madison wrote to Mr. Clay: - - "_It is painful to see the unceasing efforts to alarm the - South, by imputations against the North of unconstitutional - designs on the subject of slavery. You are right, I have no - doubt, in believing that no such intermeddling disposition - exists in the body of our Northern brethren. Their good faith - is sufficiently guaranteed by the interest they have as - merchants, as ship-owners, and as manufacturers in preserving - a union with the slaveholding States. On the other hand, what - madness in the South to look for greater safety in disunion. - It would be worse than jumping into the fire for fear of the - frying-pan. The danger from the alarms is, that pride and - resentment excited by them may be an overmatch for the dictates - of prudence; and favor the project of a Southern convention, - insidiously revived, as promising by its counsels the best - security against grievances of every kind from the North._" - -Nullification, secession, and disunion were considered by Mr. -Madison as Synonymous terms, dangerous to the Union as fire to -powder, and the danger increasing in all the Southern States, even -Virginia. "_Look at Virginia herself, and read in the Gazettes, -and in the proceedings of popular meetings, the figure which the -anarchical principle now makes, in contrast with the scouting -reception given to it but a short time ago._" Mr. Madison solaced -himself with the belief that this heresy would not reach a majority -of the States; but he had his misgivings, and wrote them down in -the same paper, entitled, "Memorandum on nullification," written in -his last days and published after his death. "_But a susceptibility -of the contagion in the Southern States is visible, and the danger -not to be concealed, that the sympathy arising from known causes, -and the inculcated impression of a permanent incompatibility of -interests between the North and the South, may put it in the power -of popular leaders, aspiring to the highest stations, to unite -the South on some critical occasion, in a course that will end in -creating a theatre of great though inferior extent. In pursuing this -course, the first and most obvious step is nullification--the next, -secession--and the last, a farewell separation. How near has this -course been lately exemplified! and the danger of its recurrence, -in the same or some other quarter, may be increased by an increase -of restless aspirants, and by the increasing impracticability of -retaining in the Union a large and cemented section against its -will._"--So wrote Mr. Madison in the year 1836, in the 86th year -of his age, and the last of his life. He wrote with the pen of -inspiration, and the heart of a patriot, and with a soul which -filled the Union, and could not be imprisoned in one half of it. -He was a Southern man! but his Southern home could not blind his -mental vision to the origin, design, and consequences of the slavery -agitation. He gives to that agitation, a Southern origin--to that -design, a disunion end--to that end, disastrous consequences both to -the South and the North. - -Mr. Calhoun is dead. Peace to his manes. But he has left his -disciples who do not admit of peace! who "_rush in_" where their -master "_feared to tread_." He recoiled from the disturbance of the -Missouri compromise: they expunge it. He shuddered at the thought of -bloodshed in civil strife: they demand three millions of dollars to -prepare arms for civil war. - - - - -CHAPTER CXCIX. - -THE SUPREME COURT: ITS JUDGES, CLERK, ATTORNEY-GENERALS, REPORTERS -AND MARSHALS DURING THE PERIOD TREATED OF IN THIS VOLUME. - - -CHIEF JUSTICE:--Roger Brooke Taney, of Maryland, appointed in 1836: -continues, 1850. - -JUSTICES:--Joseph Story, of Massachusetts, appointed, 1811: -died 1845.--John McLean, of Ohio, appointed, 1829: continues, -1850.--James M. Wayne, of Georgia, appointed, 1835: continues, -1850.--John Catron, of Tennessee, appointed, 1837: continues, -1850.--Levi Woodbury, of New Hampshire, appointed, 1845: continues, -1850.--Robert C. Grier, of Pennsylvania, appointed, 1846: continues, -1850. - -ATTORNEY-GENERALS:--Henry D. Gilpin, of Pennsylvania, appointed, -1840.--John J. Crittenden, of Kentucky, appointed, 1841.--Hugh -S. Legare, of South Carolina, appointed, 1841.--John Nelson, of -Maryland, appointed, 1843.--John Y. Mason, of Virginia, appointed, -1846.--Nathan Clifford, of Maine, appointed, 1846.--Isaac Toucey, -of Connecticut, appointed, 1848.--Reverdy Johnson, of Maryland, -appointed, 1849.--John J. Crittenden, of Kentucky, appointed, 1850. - -CLERK:--William Thomas Carroll, of the District of Columbia, -appointed, 1827: continues, 1850. - -REPORTERS OF DECISIONS:--Richard Peters, jr., of Pennsylvania, -appointed, 1828.--Benjamin C. Howard, appointed, 1843: continues, -1850. - -MARSHALS:--Alexander Hunter, appointed, 1834.--Robert Wallace, -appointed, 1848.--Richard Wallach, appointed, 1849. - - - - -CHAPTER CC. - -CONCLUSION. - - -I have finished the View which I proposed to take of the Thirty -Years' working of the federal government during the time that I was -a part of it--a task undertaken for a useful purpose and faithfully -executed, whether the object of the undertaking has been attained or -not. The preservation of what good and wise men gave us, has been -the object; and for that purpose it has been a duty of necessity to -show the evil, as well as the good, that I have seen, both of men -and measures. The good, I have exultingly exhibited! happy to show -it, for the admiration and imitation of posterity: the evil, I have -stintedly exposed, only for correction, and for the warning example. - -I have seen the capacity of the people for self-government tried at -many points, and always found equal to the demands of the occasion. -Two other trials, now going on, remain to be decided to settle the -question of that capacity. 1. The election of President! and whether -that election is to be governed by the virtue and intelligence of -the people, or to become the spoil of intrigue and corruption? 2. -The sentiment of political nationality! and whether it is to remain -co-extensive with the Union, leading to harmony and fraternity; or, -divide into sectionalism, ending in hate, alienation, separation and -civil war? - -An irresponsible body (chiefly self-constituted, and mainly -dominated by professional office-seekers and office-holders) have -usurped the election of President (for the nomination is the -election, so far as the party is concerned); and always making -it with a view to their own profit in the monopoly of office and -plunder. - -A sectional question now divides the Union, arraying one-half -against the other, becoming more exasperated daily--which has -already destroyed the benefits of the Union, and which, unless -checked, will also destroy its form. - -Confederate republics are short-lived--the shortest in the whole -family of governments. Two diseases beset them--corrupt election -of the chief magistrate, when elective; sectional contention, when -interest or ambition are at issue. Our confederacy is now laboring -under both diseases: and the body of the people, now as always, -honest in sentiment and patriotic in design, remain unconscious -of the danger--and even become instruments in the hands of their -destroyers. - -If what is written in these chapters shall contribute to open their -eyes to these dangers, and rouse them to the resumption of their -electoral privileges and the suppression of sectional contention, -then this View will not have been written in vain. If not, the -writer will still have one consolation--the knowledge of the fact -that he has labored in his day and generation, to preserve and -perpetuate the blessings of that Union and self-government which -wise and good men gave us. - - -THE END. - - - - -INDEX TO VOL. II. - - -A - - ADAMS, JOHN Q., on the bill for the relief of Mrs. Harrison, 258; - on the origin of the Pension act of 1837, 269; - defends the administration in the McLeod affair, 289; - on the protest of President Tyler, 418; - relative to the Chinese mission, 511; - on the Home squadron, 575; - decease of, 707; - manner of his death, 707; - House and Senate adjourn, 707; - Senator Benton requested to second the motion of funeral honors in - the Senate, 707; - reflections, 707; - eloquent remarks of McDowell, 708; - eulogium of Senator Benton, 708, 709.--_See Index_, vol. 1. - - ADAMS, CHARLES F., candidate for Vice President, 723. - - ALLEN, WILLIAM, on the Oregon question, 663, 664. - - ALISON, the historian, remark on the war of 1812, 573. - - _Amendment of the Constitution._--Speech of Mr. Benton, 626; - the plan proposed, 626; - object and principle of the amendment to dispense with all other - intermediate bodies, and keep the election wholly in the - hands of the people, 626; - liberty would be ruined by providing any kind of substitute but - popular elections, 627; - at present, the will of the people was liable to be frustrated in - the election of their chief officers, by the intervention of - small bodies of men between themselves and the object of - their choice, 627; - details of the proposed amendment, 627; - its efficiency and practicability in preserving the rights of the - people, maintaining the purity of elections, 628; - a copy of the proposition, 628. _See Index_, vol. 1. - - ANDERSON, ALEXANDER, Eulogium on Hugh L. White, 185. - - _Anti-Duelling Act._--Death of Cilley, 148; - penalties of the duelling act, 148; - the act did not look to the assassinations under the pretext of - self-defence, which were to rise up in the place of the - regular duel, 148; - contrast, 148; - the act did not suppress the passions in which duels - originate, 149; - the law was also mistaken in the nature of its penalties, 149; - defective in not pursuing the homicidal offence into all the new - forms it might assume, 149. - - ARCHER, WILLIAM S., on the charge of a privy council of President - Tyler's, 327. _See Index_, vol. 1. - - _Ashburton, Lord, his mission.--See British Treaty._ - - _Assumption of State Debts._--Amount of these debts, 171; - Sidney Smith, 171; - assumption sought by a class of the bondholders as more - substantial security, 171; - London Bankers' Circular, 171; - resolutions against the constitutionality, the justice, and the - policy of any such measure, 171; - attempt to reverse their import by obtaining a direct vote of the - Senate in favor of distributing the land revenue to aid the - States, 172; - proposition rejected, 172. - - Speech of Mr. Benton, 172; - extracts, 172; - "this movement been long going on, 172; - steps taken in the road to assumption, 172; - time for enemies of assumption to take the field and to act, 173; - disguised assumption in the form of land revenue distribution is - the shape in which we shall have to meet the danger, 173; - we have had one assumption in this country, 173; - intense excitement, 173; - statement of Mr. Jefferson, 174; - the picture presented, 174; - these stocks of the States are now greatly depreciated, 174; - what more unwise or unjust to contract debts on long time as some - of the States have done, 175; - the evils of foreign influence, 175; - the constitution itself contains a special canon directed against - them, 175; - to what purpose all this precaution if we invite foreign - influence?" 175. - - - B - - BADGER, GEORGE E., Secretary of the Navy, 209; - reasons for resigning his seat in President Tyler's Cabinet, 354. - - BANCROFT, GEORGE, Secretary of the Navy, 650. - - _Bank, National, First Bill._--This the great measure of the session - and the great object of the whig party, 317; - all others complete without it, 317; - kept in the background during the canvass, 318; - call upon the secretary for a plan, 318; - objections of the President, 318; - its title, 318; - its course in the Senate, 318; - passed in both Houses, 318; - views of the democracy, 318; - light dawning upon them, 318; - veto, 318; - remarks of Mr. Clay, 318; - "circumstances under which Mr. Tyler became President, 319; - his address, 319; - interpretation of one passage, 319; - most confident and buoyant hopes entertained, 319; - fears that the President's address had been misunderstood, 319; - name of the proposed bank," 319; - Mr. Tyler's early opinions on a bank, 320; - extract, 320; - remarks of Mr. Clay on the passage, 320; - the course which the President might have taken and saved his - consistency, 321; - retaining the bill ten days, 321; - a third course to resign the Presidency, 321; - the propriety of the step enforced by Mr. Clay, 321; - remarks of Mr. Clay, 321; - his allusion to the rumor that the President was proposing a - suitable bill, 321; - remarks of Mr. Rives in defence of the President, 322; - a bank not an issue in the election, 323; - the imputation of perfidy repelled, 323; - General Harrison would have disproved the same bill, 323; - the conditions upon which he would sign a bill for a bank, 323; - reasons to believe he would have signed a bill, 323; - reply of Mr. Clay, 323; - Mr. Rives at "the half way house," 323; - Mr. Tyler's inner circle of advisers, 324; - caustic remarks of Mr. Clay thereon, 324; - rumor of a design to make a third party, 324; - remarks of Mr. Clay upon it, 324; - the bank was the great issue, 324; - apostrophe of Mr. Clay, 325; - reply of Mr. Rives to the imputed cabal--the privy council, 325; - remarks on sojourning in the half way house, 326; - rumor of a dictatorship installed in the capitol, 326; - disclaimer of Mr. Clay, 326; - conversational debate between Mr. Archer and Mr. Clay, 326, 327; - vote, 328. - - Effects of the rejection, 328; - hisses in the Senate and outrages at the President's house, 328; - an inquiry into the extent of the disturbances moved, 328; - proceedings dropped, 328; - visit of Senators to the President, 328; - remarks of Mr. Clay on this visit, 328; - further remarks, 329; - Buchanan in reply pictures scenes that might have happened on the - same night at the other end of the avenue, 330; - a motion made to amend the Fiscal bill, so as to prevent members - of Congress from borrowing money from the institution, 330; - remarks of Mr. Pierce, 330; - "incorruptibility of members of Congress, 330; - what did history teach in relation to the course of members of - Congress," 331; - reference to the bank report by Mr. Tyler, 331; - the vote, 331; - its significance, 331. - - Two histories to the second attempt at a fiscal bill, 331; - one public, the other secret, 331; - bill reported from a select committee on the currency early in the - session, 332; - move to strike out all after the enacting clause and insert a new - bill, 332; - remarks of Mr. Sargeant on the proposed new bill, 332; - the bill before committee, 332; - sharp practice, 332; - objections to rapid legislation, 333; - debate on the bill, 333; - bill passed, 333; - its title, 333; - remarks of Mr. Benton in ridicule of the bill, 333; - referred to a committee, 335; - a one-sided committee, 335; - remarks of Mr. King upon the appointment of this committee, 335; - rule of Jefferson's Manual quoted in justification, 336; - remarks of Mr. Benton, 336; - remarks of Mr. Buchanan, 337; - bill reported by the chairman with remarks upon the favorable - views of the President, 337; - amendments offered by Mr. Benton, 338; - objection to the exchange dealings authorized, 339; - operation of a bill as a discount, 339; - this exposed by Senator Tappan, 339; - amendment requiring all the stockholders to be citizens of the - United States, 340; - none but citizens allowed to take the original stock would not - prevent foreigners owning it, 340; - the bill designed to resurrect by smuggling the United States - Bank, 340; - same amendment moved in a different form, 340; - debate, 340; - vote, 341; - the bill compared with the old bank charter, 341; - bill passed and sent to the President and disapproved, 341; - violent speaking excited by the veto, 341; - the speakers, 341; - nays on the returned bill, 341. - - Secret history of the returned bank bill, 342; - conversation between Mr. Gilmer and a whig member of the - House, 342; - change in Mr. Tyler, 342; - effect on the whigs, 343; - newspapers in the President's interest, 343; - no information given to the cabinet respecting the first veto - message, 343; - slight to his cabinet, 343; - readiness of the President for a second bill as stated by Mr. - Ewing, 343; - Mr. Bell's account, 343; - statement of Mr. A. H. Stuart, 344; - was the President sincere in his professions, or were they only - phrases to deceive the whigs and - calm the commotion which raged in their camp, 344; - a cabinet meeting on the new bill and proceedings, 345; - statement of Mr. Ewing, 345; - the sixteenth fundamental article, 345; - every part of the bill made to suit the President, 346; - further exposition, 346; - statement of Mr. Bell, 346; - proceedings of the members of the Cabinet under instructions to - prepare a majority of each House for the passage of the - second bill, 346; - grounds of the veto, and the explanations and careful preparation - of the point on which it turned, 347; - reason for Mr. Berrien's motion to postpone the consideration of - the veto and take up the bank bill, 347; - statement of Mr. A. H. Stuart, 347; - another side to this statement that the President was in favor of - the second bill, 348; - signs and facts which show against it from the beginning, 348; - letter of Mr. Webster, 349; - letter of Mr. Botts noticed, 349; - "Head him or die," 349; - how the phrase was intended and how interpreted, 349; - solution of the views of Mr. Tyler, 350; - he would have signed no bank bill under any name after the eighth - or ninth day of the session, 350. - - Reception of the veto message in the Senate, 350; - hisses and applause in the galleries, 350; - Mr. Benton moves that the Sergeant-at-Arms take into custody those - who hissed, 351; - debate on the amount of the disorderly proceedings, 351, 352. - _See Tyler's Administration._ - - _Bank of the United States._--Changes to a State institution, 23; - history since the expiration of her charter, 23; - the bill reported in the Assembly of Pennsylvania, 24; - the tail to a bill to repeal a tax and make roads and canals, 24; - its reception in the House, 24; - an explanation demanded, 24; - letter of Mr. Biddle to J. Q. Adams, 24; - the first step in the movement, 24; - how managed, 24; - the bonus, 24; - passage of the bill through the legislature, 25; - indignation of the people, 25; - investigation of the next legislature, 25; - remarks, 25. - - Refuses to cease its operations after its legal existence had - expired, 67; - its proviso charter made no difference in its condition, 67; - its use of the defunct notes of the expired institution, 68; - statement of its conduct by Mr. Buchanan, 68; - remarks of Calhoun on the right of Congress to pass a bill on this - subject, 69; - it rests on the general power of legislation, 69; - character of the bill, 69; - this the last question between the bank and the Federal - government, 69. - - _Resumption by the Pennsylvania U. S. Bank._--Effect of resumption - by the New York banks, 94; - convention called in Philadelphia, 94; - result of its deliberations, 94; - resumption, 94; - speedy failure again and forever of the U. S. Bank foretold, 94. - - Exposition of its affairs, 157; - resignation of Mr. Biddle, 157; - prediction of Senator Benton, 157; - suspension, 157; - its effects, 157; - another statement of her condition, 158. - - Silence in Congress on this institution, 365; - her condition, 365; - report of the affairs to the stockholders, 365; - the exhibition of waste and destruction, 365; - proceedings of the bank during the period of the application for a - recharter, 366; - its loans, 366; - to whom made, 366; - manner in which they were made, 366; - extract from the report on this point, 366; - its foreign agencies, 367; - business of these stock speculations, 367; - extract, 367; - losses by the cotton agency, 368; - extracts from the report, 368; - the way of the bank in guaranteeing the individual contracts of - Mr. Biddle, 369; - unintelligible accounts of large amounts, 369; - parties concerned refuse to give an explanation, 369; - entertainments to members of Congress at immense expense, 369; - losses of stockholders, 369; - statement of the London Bankers' Circular, 370; - the credit of the bank and the prices of its stock kept up by - delusive statements of profits, 370; - operations to make the second suspension begin in New York, 370; - extent of the ruin, 371; - the case of London bankers and their punishment, 371; - remarks of the Judge on passing sentence, 372. _See Index_, - vol. 1. - - _Bankrupt Act against the Banks._--Recommended by the President, 43; - reasons, 43; - framers of the constitution hard-money men, 43; - operation of the constitution had nullified this intention, 44; - a question whether the fault was in the instrument or in the - administrators, 44; - remedy now proposed, 44; - all that was wanted was a Congress to back the President, 44; - the array against it, 44; - opposition of Mr. Webster, 44; - right of Congress questioned, 44; - doubtless sanctioned by the whole cabinet, 45; - speech of Mr. Benton, 45; - "a bankrupt law authorized by the constitution," 45; - signification of the word bankruptcy, 45; - what is this grant of power, and does the country require its - exercise, 45; - Congress is not confined to English statutory decisions for the - construction of phrases used in the constitution, 45; - the term is not of English but Roman origin, 46; - it is said, we must confine our legislation to the usual objects, - the usual subjects, and the usual purposes of bankrupt laws - in England, 46; - on what act of English legislation can an example be fixed? 46; - the acts passed on this subject, 47; - affirmative definitions of the classes liable to bankruptcy in - England, 47; - the negative, 47; - cut off from improvement since the adoption of our constitution, - 48; - in this view we must find one of two things--a case in point or a - general authority, 48; - these considered, 48; - a case in point, 48; - the general practice of the British Parliament for five hundred - years, over the whole subject of bankruptcy, 49; - it is asked if bankrupt laws ordinarily extend to moneyed - corporations, 49; - No; Why? 49; - the question of corporation unreliability in England, 49; - do such law ordinarily extend to corporations at all? 50; - history of our first bankrupt law, 51; - the bill of 1827, 51; - it is said, the object of bankrupt laws has no relation to - currency, 51; - what says history? 51; - effect of the application of bankrupt laws in England twofold, - 51; - recommendation of the President, 51; - the British bankrupt code as it relates to bank notes, 52; - all our acts and bills have applied to bankers, 53; - and why not to banks? 53; - why this distinction? 53; - banks of circulation are the fittest subjects of a bankrupt - law, 53; - the opinion that there can be no resumption of specie payments - until the Bank of the United States is rechartered, 54; - as bankrupts, the Federal authority extends to all the banks, 54; - other great purposes to be attained by the application of a - bankrupt law to banks, 54; - every form of government has something in it to excite the pride - and to rouse the devotion of its citizens, 55; - we are called upon to have mercy on the banks, the prayer should - be to them to have mercy on the citizens, 55; - Jefferson's legacy is never to suffer the government to fall under - the control of unauthorized or self-created institutions, 55; - it is said that bankruptcy is a severe remedy to apply to banks, 56; - three things for which the banks have no excuse, and which should - forever weigh against their claims to favor, 56. - - Congress convened at the urgent instance of Mr. Clay, 229; - a bankrupt act not in the programme of Mr. Clay or the message of - President Tyler, 229; - parties nearly balanced in the Senate, 229; - one member obtains leave to bring in a bill on bankruptcy, 229; - manner of its passage, 229; - the bank bill and the land bill made to pass it through both - Houses, 230; - its passage through the House, 230; - amendment, 230; - proceedings in the Senate to get up the amendment, 230, 231; - remark of White, of Indiana, 231; - remark of Senator Benton, 231, remark of Senator Linn, 231; - bankrupt bill reported as passed the House, 232; - remarks of Mr. King, 232; - distribution bill laid on the table and the bankrupt bill taken - up, 232; - remarks of Mr. Walker, 232; - the bank distribution and bankrupt bills travel together, 232; - remarks on the amendment to the bankrupt bill, 233; - passed, 233; - remarks on the nature of the bankrupt bill, 233, 234. - - Speech of Mr. Benton on the bankrupt bill, 234; - "this is not a bankrupt system but an insolvent law, perverted to - a discharge from debts, instead of a discharge from - imprisonment," 234; - it is framed from the English insolvent debtor act, 234; - the English acts, 234; - how came such a bill to be introduced here? 235; - it is an insolvent bill, 235; - defended by insisting that insolvency and bankruptcy are the same - thing, a mere inability to pay debts, 235; - extracts from Webster's remarks, 235; - no foundation for confounding bankruptcy and insolvency, 235; - Blackstone's definition of a bankrupt, 235; - ability and fraud the basis of the system, 235; - _cessio bonorum_, 236; - laws of Scotland, 236; - _cessio_ examined, 236; - bankruptcy defined by the laws of Scotland, 237; - the Code Napoleon, 238; - the civil law, 238; - comparison of sections of the bill with the English law, 239; - voluntary and involuntary bankruptcy under the bill, 240. - - _An attempt to Repeal._--Repeal commenced at the outset of the - session, 395; - passed the House and lost in the Senate, 395; - repealed at the next session, 396; - the fate of the confederate bills, 396. - - _Repeal._--A repeal of a great act of legislation by the same - Congress that passed it, 463; - a homage to the will of the people, 463; - remarks of Mr. Benton on offering a petition from the State of - Vermont for the repeal of the act, 463; - "the act unconstitutional in abolishing debts with the consent of - a given majority of the creditors, 463; - principles of the act of 1800, 464; - forms which the wisdom of the law provided for executing - itself, 464; - an invasion of the rights of the States over the ordinary - relations of debtor and creditor within their own - limits," 465; - the passage of the act has been a reproach to Congress, its repeal - should do them honor, and still more the people under whose - will it was done, 465; - a bankrupt act has never been favored by the American people, 465; - the system has been nearly intolerable in England, 466; - further remarks, 466. - - An act to repeal promptly passed both houses, 503; - a splendid victory for the minority, who had resisted the passage - of the original bill, 503; - all the authorities had sustained the act, 503; - sense of the people revolted against it, 503; - former act repealed in two years, 503; - its repeal a bitter mortification to the administration, 503; - Cushing in defence of the act, 504; - extract, 504; - an unparliamentary reference to Mr. Clay, 504; - reply by Mr. Davis, 504; - Cushing upon the impotent attacks on the administration, 504; - extracts, 505; - the seductive arguments of persuasion and enticement used to gain - adherents to the new administration, 505; - appeals to the democratic party, 505; - reply of Mr. Thompson, 505; - Cushing states that there are persons connected with the - administration who will yet be heard of for the Presidency, - 505; - indignant reply of Mr. Thompson, 505; - reproaches cast upon Cushing, 506; - Davis upon the charges of Cushing, 506; - his versatility in defending vetoes, 507. - - _Banks, Suspension of Payment by._--Deranged finances and broken up - treasury awaited the nascent administration, 9; - two parties at work to accomplish it, 9; - condition of the banks, 9; - remarks of Senator Benton on the prospect, 9; - do on rescinding the specie circular, 10; - desperate condition of the deposit banks, 10; - proper amount of specie to be retained by the banks, 10; - amount retained by the Bank of England, 10; - amount retained by the deposit banks, 10; - conference between Senator Benton and Mr. Van Buren, 10; - remark of the latter, 10; - Senator Benton miffed, 10; - silence, 10; - course which might have been taken, 11; - benefits, 11. - - _Preparations for the Distress and Suspension._--Characteristic - letter of Mr. Biddle, 11; - picture of ruin presented, alarm given out, and the Federal - government the cause, 11; - extracts, 11; - course followed in and out of Congress, 12; - reception of Mr. Webster in New York, 12; - the public meeting, 12; - cause of this demonstration, 12; - his speech a manifesto against Jackson's administration, a protest - against its continuation in the person of his successor, and - an invocation to a general combination against it, 13; - the ominous sentence of the speech, 13; - extract relating to the general distress, 13; - conclusion of the speech, 13; - its vehement appeal, 14; - the specie circular, 14; - the original draft, 14; - the rescinding bill, 15; - President Jackson's action, 15; - an experiment on the nerves of the President resolved on, 15. - - Consequences of Webster's speech, 16; - an immense meeting, 16; - its resolves, 16; - the word "experiment," 16; - a committee of fifty to wait on the President, 17; - to call another meeting on their return, 17; - co-operation of other cities invited, 17; - state of feeling as characterized by the press, 17; - visit of the committee to the President, 18; - extract from their addresses, 18; - a written answer of complete refusal, 18; - their return, 18; - visit of Mr. Biddle to the President, 19; - a second meeting in New York, 19; - report, 19; - resolutions adopted, 19; - list of grievances, 19; - remarks, 20. - - _Actual Suspension._--Suspension not recommended at any public - meeting, 20; - the suspension, 20; - proceedings, 20; - act of self-defence on the part of the deposit banks, 21; - course of the United States Bank, 21; - letter of Mr. Biddle, 21; - extracts, 21; - Webster's tour at the West and his speeches, 22; - first speech at Wheeling, 22; - extract, 22; - the time when the suspension was to take place, 22; - Bank of the United States to be the remedy, 23; - the contrivance of politicians now exposed, 23. - - _Effects of the Suspension._--Disturbance in the business of the - country, 26; - depreciation of bank notes, 26; - disappearance of small specie, 26; - "better currency," 26; - "the whole hog," 26; - inflammatory publications of the press, 26; - extracts, 26; - government payments, 27; - the medium, 27; - condition of the administration, 27; - payment of the Tennessee volunteers, 27; - its effect, 27; - visit of the agent to Washington, 27; - extra session of Congress necessary, 28. - - _Attempted Resumption._--Declaration of the Bank of the United - States of its ability to continue paying specie, 43; - resumption commenced in New York, 43; - resolution, 43; - committee of correspondence, 43; - opposition of the Philadelphia interest, 43; - the explanation, 43. - - _Resumption of Specie Payments by the New York Banks._--The proposed - convention, 83; - frustrated by the United States Bank, 83; - Philadelphia banks refuse to co-operate, 83; - letter from Mr. Biddle to John Q. Adams, 83; - a characteristic sentence, 83; - his threat against the New York banks, 83; - a general bank convention, 83; - vote on resumption, 83; - reasons for the vote, 84; - resumption by the New York banks, 84; - resumption general, 84; - the United States Bank, 84; - her stock, 84; - her power, 84; - speech of Mr. Webster, expressing her wishes, 84; - her friends come to the rescue for the last time, 85; - Mr. Benton's remarks, 85. - - "Two periods working the termination of a national bank charter, - each full of lessons, 85; - the two compared, 85; - the quantity of the currency, 86; - its solidity, 86; - it is said, there is no specie, 86; - the cause of the non-resumption is plain and undeniable, 87; - what say the New York City banks? 87; - extract from their report, 87; - the reasons, 87; - it is said there can be no resumption until Congress act on the - currency, 88; - conduct of the leading banks, 88; - the honest commercial banks have resumed or mean to resume, 89; - politicians propose to compel the government to receive paper - money for its dues, 89; - the pretext is to aid the banks in resuming, 89; - an enemy lies in wait for the banks, 89; - power of the United States Bank over others, 90; - the contrast between former and the present bank stoppages, 90; - justice to the men of this day," 91. - - _Mr. Clay's Resolution in favor of Resuming Banks._--Proposed to - make the notes of resuming banks receivable in payment of - all dues to the Federal government, 91; - render assistance to the banks, 92. - - No power can prevent the solvent banks from resuming, 92; - every solvent one in the country will resume in a few months, 92; - Congress cannot prevent them if it tried, 92; - the most revolting proposition ever made in Congress, 93; - proposition lost, 93. - - _Divorce of Bank and State._--The bill is to declare the divorce and - the amendment is to exclude their notes from revenue - payments, 56; - this change to be made gradually, 56; - it will restore the currency of the constitution and re-establish - the great acts of 1789 and 1800, 56; - great evils--pecuniary, political, and moral--have flowed from - this departure from our constitution, 57; - loss to the government from the banks, 57; - losses from the local banks, 57; - comparison with steamboats, 57; - the case with the banks, 58; - the epoch of resumption is to be a perilous crisis to many, 58; - they fell in time of peace and prosperity, 58; - banks of circulation are banks of hazard and of failure, 58; - the power of a few banks over the whole presents a new feature in - our system, 58; - they have all become links of one chain, 59; - the government and its creditors must continue to sustain losses - if they continue to use such depositories and to receive - such paper, 59; - in an instant every disbursing officer in the Union was stripped - of the money he was going to pay out, 59; - it was tantamount to a disbandment of the entire government, 59; - it is a danger we have just escaped, 60; - the same danger may be seen again if we use them, 60; - what excuse have we for abandoning the precise advantage for which - the constitution was formed? 60; - the moral view of this question not examined, 60; - the government required to retrace its steps and to return to first - principles, 61; - what is the obstacle to the adoption of this course, 61; - the message recommends four things, 61; - the right and obligation of the government to keep its own moneys - in its own hands results from the law of self-preservation, - 61; - England trusts none of her banks with the collection, keeping, and - disbursement of her public money, 62; - what were the "continental treasurers" of the confederation, 62; - bill reported by the Finance Committee, 62; - taunted with these treasury notes, 62; - the case of France on the occasion of the First Consul, 63; - French currency is the best in the world, 63; - Congress has a sacred duty to perform in reforming the finances - and the currency, 64; - this is a measure of reform worthy to be called a reformation, 65. - - Destined to be carried into effect at this session, 164; - opposition to it, 164; - remarks of Mr. Clay, 164; - bill passed the Senate, 165; - passed the House under the previous question, 165; - the title of the bill, 165; - form in which opposition appeared, 165; - proceedings in the House, 166; - title passed by the operation of the previous question, 167. - - _Banks, Specie basis for._--A point of great moment, 128; - well understood in England, 128; - vice of the banking system of this country, 128; - the motion intended to require the bank to keep a certain amount - of specie, 128; - testimony of Horsley Palmer, 128; - requirement on the Bank of England, 129; - the proportion in England is one-third, 129; - first object when a bank stops payment, 129; - the issuing of currency is the prerogative of sovereignty, 130; - proportion required of the deposit banks, 130; - effect of the Treasury order of 1836 upon them, 130. - - _Bank Notes, Tax on._--Motion for leave to bring in a bill to tax - the circulation of banks, bankers, and all corporations - issuing paper money, 179; - nothing more just than that this interest should contribute to the - support of government, 179; - in other countries it was subject to taxation, 179; - has formerly been taxed in our country, 179; - manner of levying the bank tax in Great Britain, 180; - taxation of the Bank of England, 180; - equity of the tax, its simplicity, and large product, 180; - unknown how the banking interest would relish the proposition, - 181; - petition of Stephen Girard, 181; - objects of the bill, 181. - - _Banks, District, Re-charter of._--Amendment proposed to the bill - prohibiting the issue of bills less than five dollars, &c., - 273; - "the design is to suppress two evils of banking--that of small - notes and that of banks combining to sustain each other in - a state of suspension," 273; - shall notes banish gold and silver from the country? 274; - one a curse to the public, 274; - why are banks so fond of issuing these small notes? 274; - counterfeiting is of small notes, 274; - an Insurance Company of St. Louis, 275; - a proper opportunity to bring before the people the question - whether they should have an exclusive paper currency or - not, 275; - some merchants think there is no living without banks, 275. - _See Index_, vol. I. - - BARBOUR, PHILIP P., decease of, 202; - his mess, 202; - his character, 203; - intellect, 203; - death, 203; - instance of self-denial and fidelity to party, 203; - position in Virginia, 203. - _See Index_, vol. I. - - BARROW, SENATOR, decease of, 706; - early life, 706; - his character, 706; - his intellect 706; - youth, 706. - - BATES, ISAAC C., on exempting salt from duty, 315. - - BAYARD, R. H., on the slavery resolutions, 139. - - BELL, JOHN, candidate for Speaker, 160; - Secretary at War, 209; - on the readiness of President Tyler to sign a second bank bill, - 343, 346; - his reasons for resigning his seat in President Tyler's cabinet, - 355. - - BENTON, THOMAS H., on the bankrupt act for banks, 45; - on the divorce of bank and State, 56; - on the Florida war, 72; - on bank resumption, 85; - on the graduation bill, 126; - on the armed occupation of Florida, 167; - on the assumption of State debts, 172; - on the salt tax, 176; - on the tax on bank notes, 179; - on the drawback on refined sugar, 190; - on fishing bounties and allowances, 194; - on the bankrupt bill, 234; - on the nature and effect of the previous question, 253; - on the bill for the relief of Mrs. Harrison, 262; - on the issue of small bills, 273; - on the action of the administration in the McLeod affair, 291; - on the repeal of the tariff compromise, 312; - on the committee on the bank bill, 336; - offers amendment to the second bank bill, 338; - moves to arrest the persons who hissed in the Senate gallery, 351; - against the Fiscal plan of Mr. Tyler, 375, 376; - on paper money payments, 406; - on the merits of the British treaty, 426; - on the North-eastern boundary, 438; - on the North-western boundary, 441; - on the expenses of the Navy, 456; - on the Oregon bill, 474; - eulogy on Linn, 485; - on the Chinese mission, 512; - on the annexation of Texas, 619; - on the authorship of the war with Mexico, 689; - on the Oregon question, 667; - his plan for conducting the Mexican war, 678; - designed for the appointment of Lieutenant-General, 678; - on the expedition of Col. Doniphan, 684; - advice relative to the conduct of the war against the northern - frontiers of Mexico, 687; - advises with the President relative to the prosecution of the war, - 693; - his reply to Calhoun's question respecting his support of the - latter's resolutions, 697; - on the cause that may dissolve the Union, 715; - on Clay's compromise plan, 749; - on the protest of Southern Senators, 771. - _See Index_, vol. I. - - BIBB, GEORGE M., Secretary of the Treasury, 569. - _See Index_, vol. I. - - BIDDLE, NICHOLAS, his letters, 11, 24; - visits the President, 19; - his letter to J. Q. Adams, 83; - decease of, 567; - - BLACK, Mr., on the appropriation for the Military Academy, 468. - - BLAIR, FRANCIS P., statement of the declaration of Mr. Polk relative - to the mode of Texas annexation, 637. - _See Index_, vol. I. - - BOTTS, JOHN M., on the protest of President Tyler, 419. - - BREDON, Mr., on the nomination of Van Buren, 593. - - BREWSTER, Mr., on the nomination of Van Buren, 592. - - _Brig Somers_, Mutiny on board. _See Somers._ - - _British Treaty._--The Maine boundary still unsettled, 420; - particulars of the case, 420; - subject referred to the King of the Netherlands, 420; - his award rejected, 420; - Ashburton appointed on a special mission, 420; - professing to come to settle all questions--only such were settled - as suited Great Britain, 421; - points embraced in the treaty, 421; - points omitted, 421; - return of Ashburton, 421; - thanks of Parliament to him, 421; - discussion in Parliament, 422; - the map having the original line of the North-eastern boundary - hidden from Lord Ashburton's, 422; - remark of Brougham, 422; - his speech when charged with a want of frankness to this country, - 422; - extract, 422; - sport in the British Parliament, 422; - map shown to Mr. Everett, 423; - statement of the result of the treaty on this point by an English - speaker, 423; - manner of conducting the negotiations, 423; - no instructions given to the Secretary of State, 423; - remarks of Mr. Benton, 423; - the action of certain Senators forestalled, 424; - the treaty or war was the constant alternative presented, 424; - remarks of Mr. Benton, 424; - extract, 424; - his remarks on the unsettled points of difficulty, 425. - - Mr. Benton's remarks on the merits of the treaty, 426; - "four subjects omitted--the Columbia River and valley, - impressment, the outrage on the Caroline, and the liberation - of American slaves, 426. - - "The Oregon territory, 426; - remark on the President's message relative to its omission from - the negotiation, 426; - the American title to the Columbia River and its valley stated, - 426, 427; - the treaty of 1818, 427; - its great fault, 428; - another fault was in admitting a claim on the part of Great - Britain to any portion of these territories, 428; - our title under the Nootka Sound treaty, 428; - Sir Alexander McKenzie, 429; - the British title to the Columbia, 429; - it is asked, what do we want of this country so far off from - us? 430; - the value and extent of the country, 430. - - "Impressment is another of the omitted subjects, 430; - correspondence upon it, 431; - manner in which it was treated, 431; - how different this holiday scene from the firm and virile language - of Mr. Jefferson, 432; - if this treaty is ratified, we must begin where we were in 1806, - 432. - - "The case of the liberated slaves of the Creole is another of the - omitted subjects, 432; - only one of a number of cases recently occurred, 432; - peculiarity of these cases, 433; - each of these vessels should have been received with the - hospitality due to misfortune, and allowed to depart with - all convenient dispatch and with all her contents, of - persons and property, 433; - remarks of the President's message, 433; - the grounds taken by the Government and the engagements entered - into by the British Minister, examined, 433; - Lord Ashburton proposes London as the best place to consider this - subject, 434. - - "The burning of the Caroline, another of the omitted subjects, - 434; - this case is now near four years old, 435; - the note of Lord Ashburton sent to us by the President, 435; - it is said there is a certain amount of gullibility in the public - mind which must be provided for, 436; - the letter of our Secretary, 436; - the whole negotiation has been one of shame and injury, but this - catastrophe of the Caroline puts the finishing hand to our - disgrace, 437; - the timing of this negotiation after the retirement of Mr. Van - Buren, and when the Government was in more pliable hands, 437; - further remarks, 437." - - _The North-eastern Boundary Article._--Remarks of Mr. Benton. The - establishment of the low land boundary in place of the - mountain boundary, and parallel to it, 438; - contrived for the purpose of weakening our boundary and retiring - it further from Quebec, 438; - character of this line, 438; - remarks, 438; - a palliation attempted, 439; - letters on the subject, 439; - plea of Ashburton, 440; - to mitigate the enormity of this barefaced sacrifice, a - description of the soil given, 440; - report of Mr. Buchanan and the resolution of the Senate, 440; - the award of the King of the Netherlands infinitely better for - us, 441. - - _North-western Boundary._--"The line from the Lake of the Woods to - the Mississippi, was disputable, 441; - that from Lake Superior to the Lake of the Woods described, 442; - proposition of a British traveller to turn the line down from - Isle-Royale near two hundred miles to St. Louis River, 442; - reasons, 442; - words of Ashburton, 443; - what he claimed, he got, 443; - the value of the concession, 443; - the Secretary put himself to the trouble to hunt testimony to - justify his surrender of the northern route to the British, - 443; - his letter, 443; - answer of Mr. Ferguson, 444; - do. of Mr. Delafield, 444; - the answers refused to follow the lead of the questions, asked," - 444. - - _Extradition Article._--"It stipulates for the mutual surrender of - fugitive criminals, 444; - no light on the origin, progress, and formation of this article, - 445; - this is a subject long since considered in our country, 445; - Jefferson's views, 445; - these surrenders could only be under three limitations, 445; - his proposition, 445; - compared with the article of the treaty, 445; - it is said to be copied from the article in Jay's treaty, 446; - the two articles, 446; - difference between them, 446; - another essential difference, which nullifies the article in its - material bearing, 447; - words of the message relative to this article, 448; - nothing can be more deceptive and fallacious than its - recommendation, 448; - what offences are embraced, and what excluded," 448. - - _African Squadron for the Suppression of the Slave Trade._--Nothing - in relation to the subject in the shape - of negotiation is communicated to us, 449; - the immediate and practical effects which lie within our view, and - display the enormous expediency of the measure, 449; - the expense in money, 449; - in what circumstances do we undertake all this fine work? 450; - Great Britain is not the country to read us a lesson upon the - atrocity of the slave trade, or to stimulate our exertions - to suppress it, 450; - these articles of the treaty bind us in this alliance with Great - Britain, 451; - the papers communicated do not show at whose instance these - articles were inserted, 451. - - BROUGHAM, LORD, speech relative to the Ashburton treaty, 422. - - BROWN, CHARLES, on the coast survey, 488. - - BUCHANAN, JAMES, his proposition relative to the deposit fund, 37; - on the slavery resolutions, 138; - on the committee on the bank bill, 337; - on the disorder in the Senate gallery, 351; - on the Missouri Compromise line, 633; - Secretary of State, 650. - _See Index_, vol. I. - - BUTLER, BENJAMIN F., Attorney-General, 9; - resigns, 9; - on the adoption of the two-thirds rule in the democratic - convention, 591. - _See Index_, vol. I. - - BUTLER, WILLIAM O., on the action of the administration in the - McLeod affair, 291; - nominated for the Vice-Presidency, 722. - - - C - - CALHOUN, JOHN C., debate with Clay, 97; - justifies his resolutions, 139; - resolution relative to the liberation of slaves in British - colonial ports, 182; - in opposition to the war rule, 250; - against the previous question, 255; - on the passage of the bill declaring war in 1812, 256; - passage with Clay, 257; - on the bill for the relief of Mrs. Harrison, 260; - on the naval pension act, 267; - on the repeal of the compromise, 311, 312, 313; - on exempting salt from duty, 316; - on expenditures, 397; - on naval expenditures, 452; - on the Oregon settlement bill, 471; - appointed Secretary of State, 569; - opens negotiations on Oregon, 661; - offers resolutions relative to slavery, 696; - in relation to the Oregon territorial bill, 711, 714; - on the dissolution of the Union, 715; - on extending the constitution to territories, 730; - his last speech, 744, 769. - - Decease of, 747; - eulogium by Senator Butler, 747; - birth, 747; - student, 747; - a member of Congress, 747; - his fellow-members, 747; - his political career, 748; - rank as a parliamentary speaker, 748. - _See Index_, vol. I. - - _California, Admission of._--The test question in the great slavery - agitation, 769; - remarks of Calhoun in his last speech, 769; - passage of the bill, 769; - protest of ten Senators opposed to it, 769; - extract, 769; - the signers, 770; - question of reception raised, 770; - remarks of Senator Benton, 771; - reception refused, 772. - - _Caroline_, a steamboat, her destruction, 278. - - CASS, LEWIS, on the fugitive slave bill, 779; - nominated for the Presidency, 722. - _See Index_, vol. I. - - CATRON, JOHN, Judge of the Supreme Court, 9. - - _Cessio bonorum_, the law of, 236. - - _Chinese Mission._--Bill reported to provide the means of opening - future intercourse between the United States and China, 510; - extract from the bill, 510; - objectionable features of the bill, 510; - the act of 1790, 510; - moved to strike out the restrictions to the use of the money, 510; - remarks of Mr. Merriweather in opposition to the amendment, 511; - further debate, 511; - McKeon in opposition to the whole scheme, 511; - amendment adopted, 512; - bill passed, 512. - - Mr. Cushing takes no part in the discussion, 518; - bill called up in the Senate at midnight on the last day, 512; - Mr. Benton's remarks against the mission, 512; - "no necessity for a treaty with China, 512; - the outfit, 512; - ill framed after the act of 1790," 513; - further debate, 513; - amendment carried, that no agent be appointed without the consent - of the Senate, 514; - no nomination made before the adjournment, 514; - Mr. Cushing appointed in the recess, 514; - remarks, 514; - outfit of the minister, 515; - his embarkation, 515; - arrival, 515; - address to the Governor-General of Canton, 515; - reply, 515; - correspondence, 515; - no necessity for a treaty of commerce on the part of the United - States, 515; - remarks, 516; - Mr. Cushing objects to delay to send to Pekin, 516; - extracts, 516, 517; - threats, &c., 517; - remonstrance of the Governor, 517; - a salute to the ship demanded, 518; - remonstrance of the Governor, 518; - threats of war to China, 518; - reply of the Governor, 519; - rejoinder of Mr. Cushing, 519; - further complaints from Mr. Cushing, 519; - answer from the Emperor, 520; - arrival of a commissioner to treat, 520; - difficulty, 520; - justification for not going to Pekin, 521; - remarks, 521; - effect of the publication of the correspondence, 522. - - CLARK, J. C., in the Chinese mission, 501. - - CLAY AND CALHOUN--_Debate between_.--Calhoun's co-operation with - Clay and Webster, 97; - co-operates with the democrats, 97; - feelings of the opposition, 97; - a feeling of personal resentment against Calhoun, 97; - Clay's talent for philippic, 97; - bursting of the storm, 97; - Calhoun's speech in favor of the Independent Treasury, 97; - answer of Mr. Clay, 97; - time for preparation, 98; - the attack on Calhoun, 98; - his reply, 98; - rejoinder of Mr. Clay, 99; - rejoinders, 99; - attempted excuse of Clay for making the attack, 99; - the Edgefield letter, 99; - character of this contest between two eminent men, and of their - oratory, 99; - Fox and Burke, 100; - remarkable passages in the speeches of each, 100; - remarks, 100; - Mr. Clay's speech, 101. - - "Who are most conspicuous of those pressing this bill upon - Congress and the American people? 101; - its endorser the Senator from South Carolina, 101; - intimated that my course in opposing the bill was unpatriotic, - 101; - the arduous contest in which we were so long engaged was about to - terminate in a glorious victory, 102; - at this critical moment the Senator left us, 102; - the speech of the Senator, 102; - the alternatives presented, 102; - if we denounced the pet bank system, must we take a system - infinitely worse? 103; - attack upon the whole banking system of the United States, 103; - the doctrine of 1816, 103; - we concur in nothing now," 103. - - Reply of Mr. Calhoun, 103; - "he has not even attempted to answer a large and not the least - weighty portion of my remarks, 104; - the introduction of personal remarks, which cannot pass unnoticed, - 104; - no shadow of a pretext for this attack, 104; - what can be his motive? 104; - the weakness of his cause has led him to personalities, 104; - the leading charge is that I have left his side and joined the - other, 105; - three questions involved in the present issue, 105; - remarks four years ago, 105; - another reference to the record, 105; - the measure of renewing the charter of the bank, 106; - relations with Mr. Webster, 106; - statement of his past course by further reference to speeches, - 107; - the charge of desertion falls prostrate to the ground, 107; - the first fruits of union in the attack would have been a national - bank, 108; - explanation of views expressed in the Edgefield letter, 108; - further explanation of views entertained, 109; - present political position, 110; - the attack on my intellectual faculties, 110; - qualities wanting in Clay's mind, 110; - commencement of Calhoun's public life, 111; - support of the Navy, 111; - the restrictive system opposed, 111; - the bank proposed in 1814, 111; - administration of the War Department, 112; - the Vice-President's chair," 112. - - Rejoinder of Mr. Clay, 112; - "anxious to avoid all personal controversy, 112; - a painful duty, 112; - ever anxious to think well of Calhoun, 112; - the Edgefield letter, 112; - extract, 113; - nullification overthrew the protective policy! 113; - it sanctioned the constitutional power it had so strongly - controverted, 113; - no one ever supposed the protective policy would be perpetual, - 113; - further extract from the Edgefield letter, 114; - he has left no party and joined no party, 114; - charges me with going over on some occasion, 114; - the stale calumny of George Kremer, 114; - who went in 1825, 115; - charges me with always riding some hobby, 115; - he is free from all reproach of sticking to hobbies," 115. - - Rejoinder of Mr. Calhoun, 116; - "the Senator tells us that he is among the most constant men in - this world, 116; - his speech remarkable both for its omissions and mistakes," 116. - - Rejoinder of Mr. Clay, 116; - "he says, if I have not changed principles, I have at least got - into strange company, 117; - extract from his speeches, 117; - the dispute about the protection of cotton manufacture," 117. - - Rejoinders, 118; - conclusion, 118; - reconciliation of Calhoun with Van Buren, 118; - sinister motives charged, 119; - further taunts of Mr. Clay, 119; - the change of Clay to the side of Adams, 119; - expositions of the compromise of 1833, 119; - bargain charged between Clay and Adams, 120; - remarks, 120; - Calhoun for the succession, 120; - Calhoun and Van Buren, 120; - source of the real disorders of the country, 121; - Adams and Clay, 121; - the threat of Gen. Jackson, 120; - the compromise measure, 122; - Webster on the side of Jackson at the time of nullification, 122; - "he my master," 123; - further remarks, 123. - - CLAY, HENRY, on the slavery resolutions, 138; - offers a programme of measures for Tyler's administration, 219; - proposes to introduce the hour rule in the Senate, 250; - on exempting salt from duty, 316; - on the veto of the bank by President Tyler, 318; - his feelings on the veto of the bank bill by President Tyler, 356. - - _Retirement of._--Resigns his seat in the Senate, and delivers a - valedictory address, 398; - reasons, 398; - formally announces his retirement, 399; - extract, 399; - period at which he had formed the design of retiring, 399; - time when the design was really formed, 399; - could have been elected when Harrison was, 399; - that triumph a fruitless one, 399; - reasons for not resigning at the time intended, 400; - reasons for appearing at the regular session, 400; - the formation of a new cabinet wholly hostile to him, and the - attempt to take the whig party from him, 400; - the failure of his measures, 400; - review of the past, 401; - extract, 401; - thanks to his friends, 401; - notice of foes, 401; - imputation of the dictatorship, 402; - extract, 402; - secret of Clay's leadership, 402; - forgiveness implored for offences, 402; - a tribute to Crittenden, 403; - a motion to adjourn, 403; - the criticism of Senators on the valedictory, 403. - - Candidate for the Presidency in 1844, 625. - - His plan for a compromise, 742; - all measures to be settled in one bill, 742; - the manner, 742; - failure, 742. - - Resolution respecting slavery in New Mexico, 743; - Davis advocates the extension of the Missouri Compromise to the - Pacific, 743; - reply of Mr. Clay, 743; - vote 744; - Senator Benton's speech against it, 749; - a bill of thirty-nine sections pressed upon us as a remedy for the - national calamities, 749; - no political distress, 749; - a parcel of old bills which might each have been passed by itself - long ago, 750; - how did the committee get possession of these bills? 750; - the California bill made the scape-goat of all, 750; - reasons for urging the conjunction of the State and Territories, - 751; - the territorial government bills are now the object, and put with - the California bill to make them more certain, 752; - all the evils of incongruous conjunctions here exemplified, 753; - the compensation to California, 754; - the reasons of the committee present grave errors in law, both - constitutional and municipal, and of geography and history, - 754; - features of the Texas bill, 755; - division line of New Mexico and Texas, 756; - the possession of New Mexico continuous, &c., 757; - further remarks on the original territory of New Mexico, 758; - question of large emancipation, 759; - grounds for refusal to extend slavery into New Mexico, 760; - the point of the true objection to the extension of slavery - mistaken, 760; - fugitive slave bill and slave trade suppression in the District of - Columbia, 761; - no parties to the compromise, 762; - Dr. Jacob Townsend and Dr. Samuel Townsend, 763; - further remarks, 764, 765; - rejection of Clay's plan, 768. - _See Index_, vol. I. - - CLAYTON, JOHN M., Secretary of State, 737. - _See Index_, vol. I. - - _Coast Survey._--Its origin, 487; - growth and importance, 487; - become a civil department almost, 487; - efforts to restore the naval superintendence, 488; - movement for its re-organization, 488; - remarks of Mr. B. Mallory in support of it, 488; - proposition to reduce the appropriation and to transfer the work - from the Treasury to the Navy Department, to be done by army - and naval officers, 488; - an examination of the laws on the subject, 482, 490; - proposition rejected, 491; - another made and rejected, 491. - - Belongs to the Navy Department, 726; - manner of its execution in Great Britain, 727; - the great cost of the survey, 727; - the Navy should do the whole and get the credit, 728; - our Bureau of Hydrography has only a divided and subordinate part - of the survey, 728; - our officers not incompetent, 728; - our Navy large and nearly idle, 729. - - COBB, HOWELL C., chosen Speaker, 740. - - COLLAMER, JACOB, Postmaster General, 737. - - _Committee_ of fifty to wait on the President, 17. - - _Congress_, extra session, 28; - its members, 28; - their character, 29; - first session of the twenty-sixth convenes, 158; - its members, 158; - New Jersey contested election, 159; - first session of twenty-seventh, 213; - its members, 213; - difficulty of organization, 215; - first session of twenty-eighth, 563; - its members, 563; - organization of the House, 565; - twenty-ninth convenes, 655; - list of members, 655; - election of Speaker, 656; - meeting of the second session of the twenty-ninth, 677; - first session of the thirtieth, 702; - its members, 702, 703; - first session of thirty-first, 738; - its members, 738, 739; - numerous ballots for Speaker, 740. - - CONRAD, CHARLES M., Secretary at War, 768. - - _Contested Election of New Jersey._--Two sets of members, 159; - one set holding the certificates, the other claiming to have - received a majority of the votes, 159; - both referred to the committee of contested elections, 159; - House organize, 159; - issue put on the rights of the voters, 159; - the result, 160; - the contest in the House for Speaker, 160; - its result, 160; - its causes, 160. - - CORWIN, THOMAS, Secretary of the Treasury, 768. - - CRAWFORD, GEORGE W., Secretary at War, 737. - - CRAWFORD, WILLIAM H., decease of, 562; - a great man, who became greater as he was closely examined, 562; - his appearance in 1821, 563; - a formidable candidate for the Presidency, 563; - pulled down in 1824, 563; - service in the Senate, 563; - talents, 563; - Minister to France, 563; - Secretary of the Treasury, 563; - a dauntless foe to nullification, 563. - - _Creole, the American brig._--A case of slaves liberated by British - authorities while on the voyage from one American port to - another, 409; - brig bound from Richmond to New Orleans, mutiny and massacre by - the slaves, 409; - affidavit of the master at Nassau, N. P.--proceedings at Nassau, - 410, 411; - this was the fifth of such outrages, 411; - the Caroline affair still unatoned for, 411; - call upon the President for information, 411; - remarks of Mr. Calhoun on moving a reference to the Committee on - Foreign relations, 411; - despatch of the Secretary of State, 412; - approved in the Senate, 413; - allusion to the mission of Lord Ashburton, 413. - - CRITTENDEN, JOHN J., on the slavery resolutions, 138; - Attorney General, 209; - reasons for resigning his seat in President Tyler's Cabinet, 356; - eulogy on Dean, 487; - Attorney General, 768. - _See Index_, vol. I. - - CUSHING, CALEB, attack on the President's message, 33; - on the organization of the House, 215; - defends the Administration in the McLeod affair, 289; - opposes the reduction of certain missions, 305; - replies to the Whig manifesto against Mr. Tyler, 359; - report on the third fiscal agent, 394; - in defence of the Bankrupt Act, 504; - his nomination rejected in the Senate, 629. - - - D - - DALLAS, GEORGE M., elected Vice-President, 625. - - _Danish Sound Dues._--Report of Mr. Webster, 362; - "the right of Denmark to levy these dues, 362; - recognized by European governments in several treaties, 362; - the tariff of 1645 never been revised, 362; - other charges, 363; - American commerce," 363; - negotiations to obtain the benefit of all reductions recommended, - 363; - remarks, 364; - success of these recommendations, 364; - commerce of different nations through the Sound, 364. - - DAVIS, G., reply to Mr. Cushing, 504, 506. - - DAVIS JOHN W., chosen Speaker, 656. - - DEAN, EZRA, on the home squadron, 577. - - _Democratic Convention._--A motley assemblage, 591; - almost all under instructions for Mr. Van Buren, 591; - Van Buren to be nominated on the first ballot, unless a movement - made, 591; - motion to adopt the two-thirds rule, 591; - objected to as in violation of a fundamental principle, 591; - remarks of Morton, 591; - Butler enforces the majority rule, 591; - remarks, 591; - adoption of the rule, 592; - the ballotings, 592; - moved that Mr. Van Buren, having received a majority, be declared - nominated, 592; - violent debate, 592; - division in the Pennsylvania delegation, 593; - Van Buren withdrawn and Polk nominated, 594; - a surprise and a marvel to the country, 594; - nomination and declining of Silas Wright for the Vice-Presidency, - 594; - object of stating these facts, 595. - - _Refusal of Mr. Calhoun to submit his name._--His objections, 596; - the mode of choosing the delegates, and the manner of their - giving their votes, 596; - extract, 596; - the convention not constituted in conformity to the fundamental - articles of the republican creed, 596; - the working of the constitution on an election, 596; - Congressional presidential caucuses put down by the will of the - people, 597; - convention system more objectionable than the Congressional - caucus, 597; - the objection to the convention system that States voted which - could not aid in the election, 598; - extract, 598; - the danger of centralizing the nomination in the hands of a few - States by the present mode, 598; - danger of throwing the nomination into the meshes of a train-band - of office-holders and office-seekers, 598; - any President may now nominate his successor, 599; - remarks, 599. - - _Deposits with the States, retention of._--Terms of the deposit, 36; - amounts deposited, 36; - wants of the Treasury, 36; - the cheat of the bill, 36; - bill to postpone the fourth instalment, 36; - its reception, 36; - remarks of Webster, 36; - of others, 36; - proposition of Mr. Buchanan, 37; - remarks of Mr. Niles, 37; - proposition carried, 37; - principle of the deposit act reversed, 37; - a disposition in the House to treat the act as a contract, and to - enforce it, 37; - remarks of Cushing on this point, 37; - remarks, 38; - carried, 38; - reconsidered and postponed to January 1st, 1839, 38; - fourth instalment finally relinquished, 38; - end of this scheme, 39; - remarks, 39. - - DICKERSON, MAHLON, Secretary of the Navy, 9. - - _Dictatorship_ charged upon Mr. Clay, 359. - - _Distribution of the Public Lands Revenue._--Two hundred millions - due from states and corporations to Europe, 240; - indirect assumption by giving the public lands revenue recommended - by President Tyler, 241; - a violation of the constitution, 241; - remarks of Calhoun, 241; - what a time for squandering this patrimony, 241; - indebtedness, 241; - state of the national defences, 242; - picture of taxation in England, 242; - an open exertion of a foreign interest to influence our - legislation manifested, 243; - remarks of Fernando Wood, 243; - remarks of Mr. Benton, 243; - the bill denounced as unconstitutional, 244; - the constitution was not made to divide money, 244; - bill bound to pass, 245; - its features, 245; - supposed this scheme would be popular, 245; - passed, 245; - the course of these distribution bills, 246; - remarks, 247. - - _Disunion movements._--Extract from a South Carolina paper, 780; - an organ of disunion established at Washington, 781; - disunion convention at Nashville, 781; - reasons given by the States for their action, 781; - an issue of fact taken on their truth, 781; - declarations of speakers in the South Carolina Legislature, 782, - 783; - extracts from public addresses, 783; - Fourth of July toasts, 784; - failure of a Southern Congress, 784; - interpretation of Calhoun's last speech, 784; - changes in the causes ascribed for disunion, 785; - inauguration of the slavery agitation, how it was done, 786; - views of Mr. Madison, 786. - - DOUGLAS, STEPHEN A., moves to extend the Missouri Compromise line - to the Pacific, 711. - - DREW, CAPTAIN, his report of the capture of the Caroline, 279. - - - E - - _Electric Telegraph._--Concerted signals for communicating - intelligence, 578; - first telegraphs, 578; - idea of using electricity first broached by Dr. Franklin, 578; - Prof. Morse gave practical application to the idea, 578; - his progress in the invention, 578; - application to Congress, 578; - results as relates to public defence, 578. - - EWING, THOMAS, Secretary of the Treasury, 209; - states the readiness of President Tyler to sign a second bank - bill, 343-345; - reasons for resigning his seat in President Tyler's cabinet, 354; - Secretary of the Home Department, 737. - _See Index_, vol. I. - - _Exchequer Board._--The plan for a bank proposed by President Tyler, - 376; - Mr. Benton's speech against it, 376; - "we have gone back beyond the times of Hamilton, 376; - to those of Walpole and Queen Anne, 376; - the administration of Walpole, the fountain-head of British woes, - 377; - extract from Smollett's continuation of Hume, 377; - corporations brought into existence by him, 377; - further extract, 378; - contrast with those in the United States, 378; - corporation credit ruined by the explosions of banks and companies - in both countries, 379; - the origin of our exchequer scheme, 379; - the manner in which this exchequer system has worked in England, - and from its workings there we may judge of its workings - here, 380; - amount of exchequer bills issued, 380; - the rapid growth and dangerous perversion of such issues, 381; - the British debt is the fruit of the exchequer system in Great - Britain, the same that we are now urged to adopt and under - the same circumstances, 381; - let no one say the exchequer and funding system will not work in - the same way in this country, 382; - if there were a thousand constitutional provisions in favor of - paper money, I should still be against it on account of its - own inherent baseness and vice, 383; - remarks of Webster on hard money in 1816, 383; - felicitation of the Senator from Virginia over these exchequer - bills, 384; - remark of Hamilton against Government paper money, 385; - division of the Whigs, 385; - the Tyler-Webster Whigs for Government banking, 385; - what are the pretexts for this flagrant attempt? 385; - distress still the staple of all whig speeches made here, 386; - action of the Biddle King Bank, 386; - was not all distress to cease when the democracy were turned out? - 387; - the cry is distress! and the remedy a national poultice of - lamp-black and rags; - a national currency of uniform value, and universal circulation is - what modern whigs demand, meaning all the while a national - currency of paper money, 388; - specie acquisitions during the last twenty years, 388; - Gallatin on the quantity of gold and silver in Europe and America, - 388; - points upon which the statesman's attention should be fixed, 388; - the quantity of paper money per head which any nation can use, - 389; - the facility with which any industrious country can supply itself - with a hard money currency, 390; - the currency of Cuba, 390; - Holland and Cuba have the best currencies in the world, 391; - no abundant currency, low interest, and facility of loans except - in hard money countries, 391; - the soldiers of Mark Antony, 391; - people believe the old continental bills are to be revived and - restored to circulation by the Federal Government, 392; - proposition to supply the administration with these old bills, - instead of putting out a new emission, 393; - advantages of the old bills," 393. - - The measure immediately taken up in either branch of Congress, - 394; - a select committee of the House, 394; - report, 394; - extracts, 394; - the measure recommended for adoption, 394; - the bill, 395; - died a natural death, 395; - committee of the Senate discharged from the consideration of the - measure, 395. - - _Expenditures of the Government._--Tendency of all governments to - increase their expenses, and it should be the care of all - statesmen to restrain them, 198; - economy a principle in the political faith of the Republican - party, 198; - gradual increase, 198; - report of the Secretary on the ordinary and extraordinary payments - and the public debts, 199; - three branches of public expenditure, 199; - evils of extravagance, 199; - room for reduction, 199; - speech of Senator Benton, 200; - "character and contents of the tables reported by the Secretary of - the Treasury, 200; - expenses of 1824 and of 1839 compared, 200; - expenses of 1824, 201; - expenses of 1889, 201; - further remarks on the statements," 202. - - The civil list, its expenditures, 397; - extract from Calhoun's speech, 397; - "the contingent expenses of the two Houses of Congress, 398; - increased expense of collecting the duties on imports," 398; - facts to be gleaned from these statements, 398. - - _Expense of the Navy._--The naval policy of the United States a - question of party division from the origin of parties, 452; - the policy of a great navy developed with great vigor under Mr. - Tyler, 452; - recommendations of the new Secretary, 452; - remarks of Mr. Calhoun, 452; - "aggregate expense of the British navy in 1840, 452; - its force, 453; force of our navy, 453; - the great increase proposed in the navy over last year is at the - head of the objects of retrenchment, 453; - expenses of the government of three classes, 453; - estimates," 453; - remarks of Mr. Woodbury, 454; - extract, 454; - present naval establishment a war rate, 455; - limitations of the act of 1806, 455; - increase carried, 455; - remarks of Mr. Benton, 456. - - "The attempt made in 1822 to limit and fix a naval peace - establishment, 456; - actual state of the navy in 1841 and 1842, 456; - extract from Bayard's report, 456; - examine the plan in its parts, and see the enormity of its - proportions, 457; - the cost of each gun afloat, and the number of men to work it, - 457; - I am asked how I get at these $9,000 cost for each gun afloat, - 458; - correctness of the statement, 458; - Clay's resolutions, 459; - it is an obligation of imperious duty on Congress to arrest the - present state of things, to turn back the establishment to - what it was a year ago," 459. - - Remarks of Mr. Merriweather, 482; - no hostility to the service led to a desire to reduce the pay of - the navy, 482; - pay at different periods, 482, 483; - fifty thousand dollars required to defray the expenses of - court-martials the present year, 483; - further points on which reduction can be made, stated, 484. - - Annual appropriation considered, 507; - amendment moved to reduce number of master-mates, 507; - remarks of Cave Johnson, 507; - "should have a peace establishment for the navy as well as the - army, 507; - table of the British service, 507; - expenditures, 508; - squadrons," 508. - - Principle of a naval force establishment nowhere developed, 508; - the amount of danger must be considered to measure the amount of - a naval peace establishment, 508; - remarks of Mr. Hamlin on abuses in the navy, 509; - enormous increase in the number of officers of the navy, 509; - items of extravagance, 509; - Hale's remarks on the abuses in the navy expenditures, and the - irresponsibility of officers, 509; - excess of navy-yards, 509; - no results attended the movement, 509. - _See Index_, vol. I. - - "_Experiment_," the staple word of distress oratory, 16. - - _Explosion of the Great Gun._--Excursion on board the Princeton, - 567; - the company, 567; - the day, 567; - the guns of the vessel, 567; - trip down the Potomac, 567; - the firing, 568; - the President called back as he was about to witness it, 568; - the explosion, 568; - the fatal results, 568; - the effect on Col. Benton of the concussion, 569. - - - F - - FEATHERSTONHAUGH, Mr., remarks on the results of the Ashburton - Treaty, 423. - - FICKLIN, ORLANDO, on the appropriation for the military academy, - 468. - - FILLMORE, MILLARD, on the veto of the provisional tariff, 415; - candidate for Vice-President, 722; - elected, 723; - his inauguration as President, 767; - first official act, 767; - public funeral of Gen. Taylor, 763. - - _Florida Armed Occupation Bill._--Armed occupation, with land to the - occupant, is the true way of settling and holding a conquered - country, 167; - fashion to depreciate the services of the troops in Florida, 168; - besides their military labors, our troops have done an immensity - of service of a different kind, 168; - the military have done their duty, and deserved well of their - country, 169; - the massacre on the banks of the Calvosahatchee, 169; - the plan of Congress has been tried and ended disastrously, 169; - we have to choose between granting the means, or doing nothing, - 170; - Florida cannot be abandoned, 170; - it is the armed settler alone whose presence announces dominion, - 170; - this is the most efficient remedy, 171; - the peninsula is a desolation, 171. - - _Florida Indian War._--See _Indian War_. - - _Florida and Iowa_, admission of, 660; - admitted by a single bill, 660; - arose from the antagonistic provisions on the subject of Slavery, - 660; - free and slave States thus numerically even, 660. - _See Index_, vol. I. - - _Foreign Missions, Reduction of._--Moved to strike from the - appropriation bill the salaries of some missions, 305; - question how far the House had a right to interfere with these - missions, and control them by withholding compensation, 305; - "the appointment of ministers gives them certain vested rights," - 305; - idea of vested rights scouted, 306; - time to inquire into their propriety when voting the salaries, - 306; - remarks of Mr. Ingersoll, 306; - resolution of Mr. Adams to reduce the expenditures by reducing - the number of ministers, 306; - the subject should be pursued, and the object accomplished, 306; - many branches belong to the inquiry, 306. - - FORSYTH, JOHN, Secretary of State, 9; - decease of, 659; - career of honor, 659; - connection with Crawford, 659; - rank as a debater, 659; - in social life, 659. - - FORWARD, WALTER, Secretary of the Treasury, 356. - - FRANKLIN, WALTER S., elected Clerk, 29. - - FRAZER, Mr., on the nomination of Van Buren, 593. - - FRELINGHUYSEN, THEODORE, candidate for the Vice-Presidency in 1844, - 625. - - FRENCH, B. B., chosen Clerk of the House, 656; - chosen clerk, 703. - - FREMONT, JOHN C.--His first expedition to the Rocky Mountains, 478; - how it came about, 478; - Senator Linn moves the printing of the report of this expedition, - 478; - remarks upon the objects and results of the expedition 478-479. - - _Second Expedition._--Its grand results, 579; - not an offspring of the Government, 579; - countermanded after it began, 579; - his wife retains the countermanding order, and the expedition goes - forward, 579; - her conduct approved by her father, 579; - occasion of countermanding the expedition, 579; - object of the expedition, 580; - maps up to that time, 580; - crossing the mountains, 580; - progress south, 581; - discoveries, 581; - return of Fremont, 581. - - _Third Expedition._--When commenced, 688; - the line of observation, 688; - start for Oregon, 689; - overtaken by two men, 689; - a messenger from the Government, 689; - turns towards California, 689; - the night of the interview, 690; - attack of savages, 690; - succeeding events, 690; - arrival in the Valley of Sacramento, 691; - three great operations going on, 691; - deputation of American settlers, 691; - approach of Castro, 691; - California secured as an independent country, 691; - efforts of Great Britain to secure the country, 692; - how the prize escaped them, 692; - remarks, 692. - - _Court Martialled._--Brought home a prisoner from his third - expedition, 715; - speech of Lieut. Emory, 715; - his offence in the eyes of officers of the army, 716; - specifications of mutiny, 716; - justice to Gen. Kearney, 716; - the gravamen of the charge, 717; - proof of his innocence derived from the journals of Kearney's - officers, 717; - statement of Carson, 718; - result of the trial, 718; - course of the President, 719; - resignation of Fremont, 719. - - _Fourth Expedition._--Undertaken at his own expense, 719; - the line of exploration, 719; - the march on foot, 719; - error of the guide, 720; - terrors of their situation, 720; - extricated by the aid of Indians, 720; - a new outfit obtained, 721; - march, 721; - meeting hostile Indians, 721; - subsequent explorations, 721. - - - G - - GALLATIN, ALBERT, on the quantity of gold and silver in Europe and - America, 388. - _See Index_, vol. I. - - GARDINER, Mr., killed on board the Princeton, 568. - - GILMER, THOMAS W., against the bill for the relief of Mrs. Harrison, - 258; - against the abrogation of the compromise, 309; - killed on board the Princeton, 568; - his letter relative to Texas, 581. - - GILPIN, HENRY D., Attorney General, 9. - - GIRARD, STEPHEN, memorial of, 181. - - _Globe Newspaper superseded._--A visit to Mr. Polk, 651; - condition on which he could receive the vote of South Carolina, - 651; - Mr. Blair and the Globe were to be given up, 651; - to whom obnoxious, 651; - position of Mr. Tyler, 651; - withdraws, 651; - reason, 651; - $50,000 transferred from a bank in Philadelphia to a village bank - in the interior of Pennsylvania, 651; - letters to Andrew Jackson Donnelson, 651; - proposition of Mr. Polk to Mr. Blair, 652; - letter of General Jackson to Mr. Blair, 652; - the Globe sold, 654; - letter of Mr. Van Buren to Mr. Rives, 654; - payment for the Globe, 655; - _see Index_, vol. I. - - GOUGE, WILLIAM, on the quantity of gold and silver, 389. - - GRAHAM, WILLIAM A., Secretary of the Navy, 768. - - GRUNDY, FELIX, Attorney-General, 9. - - GRANGER, FRANCIS, Postmaster General, 209; - on the course of Mr. Cushing, 514. - - - H - - HALE, JOHN P., on abuses in the navy, 509; - on the home squadron, 575-576. - - HALL, NATHAN K., Postmaster General, 768. - - HAMLIN, HANNIBAL, on abuses in the navy, 509. - - HANNEGAN, EDWARD A., on the Oregon question, 663-664. - - HARALSON, H. A., on the appropriation for the military academy, 468. - - HARRISON, WILLIAM H., candidate for the Presidency, 204; - meeting of the Senate, 209; - oath administered to the Vice-President, 209; - scene in the chamber, 209; - the eastern portico, 209; - the inaugural, 209; - the oath administered, 209; - cabinet nominations confirmed, 209; - proclamation convoking an extra session of Congress, 209; - sickness of Harrison, 210; - death, 210; - character, 210; - public manifestations, 210; - origin of the family, 210; - Benton's remarks on Harrison, 210; - his fidelity to public trust, 216. - - HARRISON, Mrs., widow of President H.--Bill for the relief of, - introduced, 257; - to indemnify the President for his expenses in the Presidential - election, and in removing to the seat of government, 257; - words of the bill, 257; - motives on which the bill had been founded, explained by J. Q. - Adams, 258; - vehement opposition to the principle of the bill, 258; - reasons of Mr. Payne, of Ala., for voting against the bill, 258; - a precedent which might hereafter be strained and tortured, 259; - remarks of Mr. Underwood, 259; - passage of the bill in the House, 259. - - In the Senate, remarks of Mr. Calhoun on the bill, 259, - "this is no new thing, 260; - the enormous pension-list of the government, 260; - no part of the constitution authorizes such an appropriation," - 260; - remarks of Senator Woodbury, 260; - first application of a pension to a civil officer likely to - succeed, 260; - protest against any legislation based upon our sympathies, 260; - claim did not come from the family of General Harrison, but from - persons who had advanced money for the purposes stated in - the bill, 260; - moved to recommit the bill, 260; - amendments proposed so as to secure the money to the widow, 260; - motion to recommit lost, 261; - Benton's remarks in reply to the argument founded on the alleged - poverty of General Harrison, 261; - the poverty of Jefferson, Monroe, Madison, 261; - bill passed, 262. - - Speech of Senator Benton on the bill, 262; - a bill to make a grant of money, 262; - first case of the kind on the statute-book, 262; - it was said at the last session that a new set of books was to be - opened, 263; - the federal constitution differs fundamentally from those of the - States, 263; - it is said this is a payment in hand, 263; - by the constitution, the persons who fill offices are to receive a - compensation for their services, 264; - it is in vain to look to general clauses of the constitution, 264; - gentlemen refuse to commit themselves on the record, 265. - - HAYNE, ROBERT Y., his gifts, 186; - appearance, 186; - mental qualities, 186; - talents, 186; - exemplary morals, 186; - habits, 186; - position in South Carolina, 187; - marriage, 187; - becomes member of Congress, 187; - associates, 187; - estimate put upon him, 187; - his debate with Webster, 187; - remarks, 187; - assistance of Mr. Calhoun, 188; - retires from the Senate, 188; - subsequent occupation, 188. - _See Index_, vol. I. - - HAYWOOD, WILLIAM H., on the Oregon question, 662. - - HENSHAW, DAVID, nomination rejected in the Senate, 630. - - HICKMAN, Mr., on the nomination of Van Buren, 592. - - _Home Squadron and Aid to Private Steam Lines._--Reasons for the - home squadron of Great Britain, 271; - United States has no need of a home squadron, 271; - Great Britain had one, therefore we must, 271; - bill passed, 271; - reasons given for it, 271; - appropriation made in gross, 272; - objected to, 272; - contrary to democratic practice, which required specific - appropriations, 272; - an increase of the navy in disguise, 272; - comparative statement of expenses of the navy, 272; - statement of the French and British navies, 273; - the railroad and electric telegraph have opened a new era in - defensive war, 273; - bill passed in the house almost unanimously, 273; - recommendation relative to ocean steamers, 273; - a useless waste of money, 273. - - Resolution to inquire into the origin, use and expense of the - home squadron, 575; - remarks of Mr. Hale, 575; - "indebted to the present administration for a home squadron, 575; - said to be necessary for protecting the coasting trade, 575; - we need not such a navy as Great Britain," 575; - remarks of Mr. J. Ingersoll, 575; - in favor of retrenchment and economy, but the process ought to - begin in the civil and diplomatic department, 575; - the army and the navy the two great objects of wasteful - expenditure, 575; - reply of Mr. Hale to those who, without offering a word in favor - of this domestic squadron, were endeavoring to keep it up, - 576; - no result followed, 576; - remarks of Mr. Dean on this item in the appropriation bill, 577; - more ships built and building than can be used, and three times - as many officers as can be employed, 577; - remarks of Mr. McKay, 577; - the illegality and wastefulness admitted, 577; - but the money has been earned by work and labor, 577; - the abuse sanctioned, 577; - a powerful combined interest pushes forward an augmented navy - without regard to any object but its own interest, 577. - - _Hour Rule in the House._--Institution of, 247; - permanent injury done in order to get rid of temporary annoyance, - 247; - such an anomaly never seen in a deliberative assembly, 248; - the English remedy for license in debate, 248; - the first instance of enforcing this new rule, 248; - described, 248; - same thing undertaken in the Senate, 249; - reason, 249; - numerous amendments offered to bills, 249; - the opposition speakers, 249; - Clay's remark on the anxiety of the country for action, 250; - sharp reply of Calhoun, 250; - a succession of contradictory asseverations, 250; - question asked of Clay if he meant to apply to the Senate the "gag - law," 251; - resolution of the democratic Senators, 251; - taunts of Calhoun, 251; - determination of Clay, 251; - remarks of Senator Linn, 252; - subject dropped and revived again, 252. - - Another measure to be introduced, 252; - the previous question, 253; - issue made up, to introduce and to oppose it, 253; - remarks of Mr. Benton on the effect of the previous question, 253; - the previous question annihilates legislation, 254; - the previous question and the old sedition law are measures of the - same character, 254; - change of tone in Mr. Clay, 255; - intimation of going into executive session, 255; - hesitation, 255; - friends of the measure dared by Mr. Calhoun, 255; - remarks of Senator Linn on the words of Mr. Clay, 256; - executive session, 256; - an explanation by Mr. Calhoun relative to the declaration of war, - in 1812, 256; - further taunts, 257; - loan bill taken up, 257. - - HUBBARD, SAMUEL D., Postmaster General, 768. - - HUNTER, R. M. T., elected Speaker, 160. - - HUNTINGTON, JABEZ W., on making salt free of duty, 315. - - - I - - _Independent Treasury._--The crowning measure of the extra session, - 39; - vehement opposition, 39; - the divorce of bank and state, 39; - attitude of Mr. Calhoun, 40; - taunts upon him, 40; - his reply, 40; - proposes to discontinue the use of bank paper in the receipts and - disbursements of the government, 40; - his remarks, 40; - divorce of bank and state treated as a divorce of the bank from - the people, 41; - Webster's main argument for a bank, 41; - regulator of the currency and the domestic exchanges, 41; - the founders of the bank never thought of such arguments for its - establishment, 41; - the discussion, 41; - remarks, 42. - - Consists of two distinct parts, 124; - 1st, keeping the public money--2d, the hard money currency in - which they were to be paid, 124; - a bill reported, 124; - hard money section added to the bill, 124; - struck out, 124; - bill opposed by Mr. Calhoun, 124; - reasons, 124; - passed the Senate and lost in the House, 125. - - Repeal of, 219; - No. 1 in the list of bills, 219; - no substitute provided, 219; - motion to exclude the bank of the U.S., 220; vote, 220; - speech of Senator Benton, 220; - "artifices used against the independent treasury," 220; - French explanation of the vote, 221; - artifices exposed, 221; - what constitutes the independent treasury system, 221; - the advocate of British systems, 222; - history of our fiscal agents, 222; - proved by experience to be the safest, cheapest, and best mode of - collecting, keeping, and disbursing the revenue, 223; - no other system provided in its place, 223; - who demands the repeal of this system, 224; - this system was established by the will of the people, 225; - the spirit which pursues the measure, 225; - the deposits may go to the bank of the United States, 226; - laudations of Biddle, 227; - the State charter made no difference in the character or - management of the bank, 227; - the conduct of those who refused a re-charter was wise and - prudent, 228; - further remarks, 228. - - Good effects of a gold and silver currency during the war, 726; - Government bills above par and every loan taken at a premium, 726; - triumph of the gold currency, 726. - - _Indian War in Florida._--One of the most troublesome, expensive, - and unmanageable of Indian wars, 70; - its continuance and cost, 70; - its origin, 70; - one of flagrant and cruel aggression on the part of the Indians, - 70; - the murder by a party under Osceola, 70; - other massacres, 70; - escape of a soldier of Dade's command, 70; - the struggle, 70; - the slaughter, 71; - misrepresentation of the origin and conduct of the war, 72; - speech of Mr. Benton, 72. - - Charged that a fraud was committed on the Indians in the treaty - negotiated with them for their removal, 72; - affixed to the Payne's Landing treaty, 72; - afterwards transferred to the Fort Gibson treaty, 72; - the posts, 72, 73; - pretexts and excuses of the Indians for not removing, 73; - their real object, 73; - the agreement with the Creeks, 73; - article four of the treaty, 73; - extract from the treaty at Fort Gibson, 74; - how stands the accusation? 74; - every thing was done that was stipulated for, done by the persons - who were to do it, and done in the exact manner agreed upon, - 74; - proved that no fraud was practised upon the Indians, 75; - moderation with which the United States acted, 75; - statement of Lieut. Harris, 75; - hostile proceedings not expected by the Government, 75; - the prime mover in all this mischief, 76; - our sympathies particularly invoked for him, 76; - statements tending to disparage the troops, answered, 76; - great error and great injustice in these imputations, 76; - reason why the same feats are not performed in Florida as in - Canada, 77; - eight months in the year military exertions are impossible, 77; - conduct of the army in Florida, 77; - charges of inefficiency against Gen. Jesup, 78; - of imbecility, 78; - with how much truth and justice is this charge made? 78; - his vindication, 78; - a specific accusation against the honor of this officer, 79; - justification of the seizure of Osceola, 79; - he had broken his parole, 79; - he had violated an order in coming in, with a view to return to - the hostiles, 79; - he had broken a truce, 79; - the expediency of having detained him, 80; - complaint of the length of time Gen. Jesup has consumed without - bringing the war to a conclusion, 80; - his essential policy, 81; - the little said to be expected by his large force, 81; - false information given to the Indians, 81; - remarks respecting his predecessors, 81; - the expenses of the war, 82; - concluding remarks, 82. - - INGERSOLL, CHARLES J., on the administration in the McLeod case, - 287; - moves the reduction of certain missions, 305; - on the repeal of the compromise tariff, 310; - on the home squadron, 575. - - _Iowa and Florida_, admission of, 660. - - - J - - JACKSON, GEN., _refunding his fine_.--Fined at New Orleans in the - winter of 1814-'15 for contempt of court, 499; - paid under protest, 499; - Senator Linn brings in a bill for refunding the fine, 499; - letter of Gen. Jackson to him on receiving notice of the bill, - 500; - Jackson would only receive it on the ground of an illegal - exaction, 500; - the recourse to martial law vindicated, 500; - the measures could not be relaxed which a sense of danger had - dictated, 501; - reasons given at the time against the fine, 501; - proceedings of the court, 502; - bill passed both Houses, 502. - _See Index_, vol. I. - - JEFFERSON, THOMAs, his views on the surrender of fugitive - criminals, 445. - _See Index_, vol. I. - - JESUP, GEN., conduct of, the Florida war, 78. - - JOHNSON, R. M., a candidate for the Vice-Presidency, 204. - - JOHNSON, CAVE, on the appropriation for the military academy, 567; - on naval expenditures, 507; - Postmaster General, 650. - - JOHNSON, REVERDY, on the Oregon question, 665; - Attorney General, 737. - - JONES, JOHN W., candidate for Speaker, 160; - chosen Speaker, 565. - - - K - - KENDALL, AMOS, Postmaster General, 9. - - KENNEDY, JOHN P., Secretary of the Navy, 768. - - KENNON, COMMODORE, killed on board the Princeton, 568. - - KING, THOMAS B., on the previous question, 253; - reports a bill for a home squadron, 271; - on exempting salt from duty, 315; - on the committee on the bank bill, 335. - - - L - - LEGARE, HUGH S., Attorney General, 356. - - LINN, LOUIS F., opposition to the hour rule, 252, 256; - on the disturbance in the Senate galleries, 352; - in favor of the Oregon settlement bill, 472. - - Remarks on his decease by Senator Benton, 485; - birth, 485; - parentage, 485; - education, 485; - honors, 484; - character, 486; - talents, 486; - amiable qualities, 486; - character in party times, 486; - remarks of Senator Crittenden, 487; - introduces a bill to refund the fine of Gen. Jackson, 500. - - _London Bankers' Circular._--On assumption of State debts, 171. - - - M - - MADISON, JAMES, on the dangers to the Union, 132; - his views on the subject of disunion, 786. - - MAGOFFIN, JAMES, conducts Gen. Kearney and troops to New Mexico, - 683. - - MALLORY, FRANCIS, on the coast survey, 488. - - MANGUM, WILLIE P., opposes the repeal of the pension act of 1837, - 266. - - _Map of_ the original North-eastern boundary, 423. - - MARCY, WILLIAM L., Secretary of War, 650; - answer to the interrogatories of an anti-slavery meeting, 775. - - MASON, JOHN G., Secretary of the Navy, 569; - Attorney General, 650. - - MAXEY, VIRGIL, killed on board the Princeton, 568. - - MCDOWELL, JAMES, remarks on the decease of John Quincy Adams, 708. - - MCDUFFIE, JAMES, on the Oregon country, 471. - - MCKAY, JAMES J., on the appropriation for the home squadron, 272; - on the appropriation for the military academy, 467. - - MCKEON, JOHN, on the Chinese Mission, 511. - - MCKINLEY, JOHN, Judge of the Supreme Court, 9. - - MCLEAN, JOHN, declines the secretaryship of war, 356. - - MCLEOD, the case of, 282. - - MEREDITH, WILLIAM M., Secretary of the Treasury, 737. - - MERRICK, WILLIAM D., on the disturbance in the Senate gallery, 352. - - MERRIWEATHER, JAMES A., on reduction of navy pay and expenses, 482; - on the Chinese mission, 511. - - _Military Department._--The progress of expenses of the army, 404; - comparative view presented by Mr. Calhoun, 404; - extract, 404; - cost of each man, at different periods, in the service, 405; - Adams proposes retrenchment in the army and navy, 405; - extract, 405. - - _Military Academy._--The instincts of the people have been against - this academy ever since it took its present form, 466; - all efforts to abolish it are instantly met by Washington's - recommendation of it, 466; - Washington never saw such an institution as shelters under his - name, 466; - attack upon the institution by moving to strike out the - appropriation for its support, 467; - remarks of Mr. McKay in defence of it, 467; - points shown by him, 467; - remarks of Mr. Johnson against the bill, 467; - remarks of Mr. Haralson in favor, 468; - remarks of Mr. Ficklin against it, 468; - Mr. Black proposes an amendment that the cadets be compelled to - serve ten years, 468. - _See Index_, vol. I. - - MILLER, Mr., moves the nomination of Van Buren, 592. - - _Missouri Compromise._--Message of President Polk, 712. - - MORTON, MARCUS, on the adoption of the two-thirds rule in the - democratic convention, 591. - - MUTINY on board the brig Somers. - _See Somers._ - - - N - - NAPOLEON, his ideas of the art of war, 572. - - _Naval Academy._--Remarks, 571; - instructions of Virginia to her Senators in 1799, 572; - the Great Emperor's idea of the whole art of war, 572; - remark of Alison the historian, 573; - the lesson taught by the war of 1812, 573; - officers now made in schools, whether they have any vocation for - the service or not, 573; - the finest naval officers the world over saw were bred in the - merchant service, 574; - no naval victory of Great Britain over France had the least effect - on the war, 574; - commerce wants no protection from men-of-war, except from - piratical nations, 574. - - _Naval Pension System._--Annual bill for these pensions on its - passage, 265; - abuse introduced by the act of 1837, 265; - four things done by that act, 265; - absorbed and bankrupted the fund, 266; - manner of the passage of this act, 266; - its power to resist correction, 266; - amendment moved to repeal the act of 1837, 266; - debate, 266; - lost, 267; - character of the vote, 267; - difference in the two parties always the same without regard to - their name, 267. - - Calhoun's remarks on confining all future pensioners to the act of - 1800, &c., 267; - "the act of 1837 was not only inexpedient, but something much - worse, 267; - it is proposed to introduce new and extraordinary principles into - our pension list, 268; - object of the amendment to correct a monstrous abuse," 268; - remarks of Mr. Pierce on the abuses to which the pension law gave - rise, 168. - - Adams asks who were the authors of the act of 1837, 269; - reply of Mr. Thomas, 269; - manner in which the bill passed the House, 269; - losses sustained by the action of the House, 270; - the debates show in what manner legislation can be carried on - under the silencing process of the previous question, 270; - no branch of the public service requires the reforming and - retrenching hand of Congress more than the naval, 270; - its cost, 270; - fallen chiefly under the management of members from the sea-coast, - 270; - compared with Great Britain, 271. - - NELSON, JOHN, Attorney General, 569. - - NILES, JOHN M., on the surrender of the deposits, 36. - - _North and South._--The working of the government on the two great - Atlantic sections, 131; - complained of as unequal and oppressive, 131; - history of the complaint, 131; - commercial conventions at Augusta and Charleston, 131; - distribution of foreign imports before the Revolutionary war, 131; - in 1821, 131; - the difference, 131; - effects, 132; - points of complaint, 131; - foundation for them, 132; - remark of Madison, 132; - remedy proposed by the conventions, 133; - the point on which Southern discontent arose, 133; - separation as a remedy, 133. - - O - - _Oregon._--Carrying and planting the Anglo-Saxon race on the shores - of the Pacific took place at this time, 468; - an act of the people going forward without government aid or - countenance, 469; - the action of the government was to endanger our title, 469; - first step of the treaty of joint occupation in 1818, 469; - the second false step, the extension of the treaty, 469; - third blunder, in omitting to settle it in the Ashburton treaty, - 469; - fourth blunder, the recommendations of President Tyler to - discountenance emigration by withholding land from the - emigrants, 469; - the people saved the title thus endangered, 469; - a thousand emigrants in 1842, 469; - government attempts to discourage and Western members to encourage - it, 469; - Senator Linn introduces a bill for the purpose, 469; - its provisions, 469; - remarks, 470; - McDuffie's remarks to show the worthlessness of the country, 471; - Calhoun opposes it on the ground of infractions of the treaty and - danger of war--the difficulty and danger of defending a - possession so remote, 471; - his course when Secretary of War, 472. - - Senator Linn's remarks in reply, 472; - the effect of temporizing in Maine, 473; - losses of our citizens by ravages of Indians, 473; - backwardness to protect our own citizens contrasted with the - readiness to expend untold amounts to protect our citizens - engaged in foreign commerce, or to guard the freedom of the - African negro, 473; - it is asked, why not give notice to terminate the treaty? 474. - - Remarks of Mr. Benton on the clause allotting land, 474; - actual colonization going on at Columbia river, attended by every - circumstance that indicated ownership and the design of a - permanent settlement, 474; - our title, 475; - answer of the President to the call for the "informal conferences" - which had taken place on the subject, 476; - the north bank of the Columbia river, the object of the British, - 476; - bill passed, 477; - bill sent to the House, 477; - the effect intended to encourage settlers produced, 477; - a colony planted and grew up, 477; - it saved the territory, 477. - - All agree that the title is in the United States, 479; - a division on the point of giving offence to England by granting - the land to our settlers, 479; - has she a right to take offence? 479; - the fear of Great Britain is pressed upon us at the same time her - pacific disposition is enforced and insisted on, 480; - remarks of Ashburton, showing a want of inclination in the British - Government to settle the Creole case, 480; - the objection of distance examined, 481; - also that of expense examined, 481; - another objection, the land clause, 481; - time is invoked as the agent which is to help us, 481; - time and negotiation have been bad agents for us in our - controversies with Great Britain, 482. - - Conventions of 1818 and 1828 provided for the joint occupation - of the countries, 624; - impropriety of such engagements, 624; - motion to give notice to terminate the joint occupation, 625; - arguments in opposition, 625; - the talk of war alarmed the commercial interest, and - looked upon the delivery of the notice as the signal for a - disastrous depression of foreign trade, 625; - motion for the notice lost, 625; - omitted in the Ashburton treaty, 660; - references to the subject, 660; - taken up by Mr. Calhoun, and conducted in the only safe way of - conducting negotiations, 661; - the negotiations come to a stand, 661; - declaration of the President's message, 661; - feeling in England, 661; - negotiations recommended by us as a means of avoiding war, 662; - the offer of 49 deg.; - withdrawn, 662; - meeting of Congress and debate on the subject, 662. - - Speech of Mr. Hayward on the line of 49 deg. as the correct line, 662; - "the course pursued by the President in his offer, 662; - nothing improper in his repeating it, 662; - under no necessity to refuse the line of 49 deg. if offered," 663; - his speech expressive of the sentiments of the President, 663; - a demand made of him if he expressed the views of the President, - 663; - a call to order, 664; - remarks on the President's position from the extreme members, - 665; - advantages of concurring in the line of 49 deg. if offered, 665; - the merits of the question discussed, 666. - - Speech of Mr. Benton, 667; - "the true extent and nature of our territorial claims beyond the - Rocky Mountains," 667; - the assumption that we have a dividing line with Russia is a great - mistake, 667; - circumstances of the convention of 1824, 667; - Great Britain and ourselves treated separately with Russia and - with each other, 668; - we proposed that fifty-four forty should be the northern - boundary for Great Britain, 668; - the line of Utrecht, 669; - items of testimony, 669, 670; - _note_, containing a letter of Edward Everett, 671; - Frazer's River, 671; - Harmon's Journal, 671; - New Caledonia, 671; - ground taken by Mr. Monroe, 672; - their action, 672; - notice to terminate the joint occupation voted, 673; - amended in the Senate, 674; - character of the vote, 674. - - Negotiations renewed, 674; - 49 deg. offered by England, 674; - quandary of the administration, 674; - advice of the Senate asked, 674; - a message with a _projet_ of a treaty, sent in upon the advice of - Senator Benton, 675; - extract, 675; - treaty or no treaty depended on the Senate, 676; - advice of the Senate given in favor of 49 deg., 676; - treaty sent in, 676; - ratified, 667; - daily attack of the organ upon the Senators who were accomplishing - the wishes of the President, 676; - Mr. Benton assailed, 677; - remarks, 677. - - On the bill for the Oregon territorial government, Mr. Calhoun - makes trial of his new doctrine, 711; - proofs of his support of the Missouri Compromise, 711; - motion of Mr. Hale, 711; - motion of Mr. Douglas, 711; - vote of Mr. Calhoun on it, 711; - bill passes both Houses, 712; - excitement of Mr. Calhoun, 712; - invocation to disunion, 712; - special message on the slavery agitation, 712; - extract, 712.--_See slavery agitation._ - - OSCEOLA, capture of, 79. - - - P - - _Pairing off_, when first exhibited, 178; - a breach of the rules of the House, 178; - violation of the constitution, 178; - rebuked by J. Q. Adams, 178; - now a common practice, 178; - the early practice, 178; - leave always asked and obtained, 178. - - PALMERSTON, LORD, his boldness, 285. - - _Paper Money Payments._--Crisis in the struggle between paper money - and gold, 406; - recourse had to treasury notes reissuable, 406; - the government paid two-thirds in these notes and one-third in - specie, 406; - Mr. Benton determines to resist, 406; - has protested a check drawn for compensation for a few days as - Senator, 406; - his speech, 406; - "time come when every citizen will have to decide for himself, - 407; - Hampden's resistance of the payment of ship money, 407; - there is no dispute about the fact, and the case is neither a - first nor a solitary one, 407; - a war upon the currency of the constitution has been going on for - many years, 408; - the remedy of the present disgraceful state of things is the point - now to be attended to, 408; - here is a forced payment of paper, money, 408;" - offers a resolution, 408. - - PAYNE, Mr., against the bill for the relief of Mrs. Harrison, 258. - - PICKENS, F. W., on the repeal of the compromise tariff, 310. - - PIERCE, FRANKLIN, on the bill for the relief of Mrs. Harrison, 260; - on the abuses of the Pension Act, 268. - - POINSETT, JOEL R., Secretary at War, 9. - - POLK, JAMES K., chosen Speaker of the House, 29; - elected President, 625. - - _Administration_, the longest address of the kind yet delivered, - 649; - our title to Oregon asserted as clear and indisputable, 649; - the return voice from London equally positive on the other side, - 650; - the cabinet, 650; - neither Mr. Calhoun nor any of his friends would take office under - the administration, 650; - circumstances affecting the formation of the cabinet, 650; - message, 657; - Texas the leading topic, 657; - position of Mexico and the United States, 657; - causes of war against Mexico from injuries to our citizens, 657; - treaty of indemnity never complied with, 658; - the mission to Mexico, and the consequences of its failure, 658. - - Negotiations relative to Oregon had come to a dead stand, 658; - state of the case, 658; - the finances and public debt, 658; - revision of the tariff recommended, 659; - revenue the object and protection to home industry the incident, - 659. - - Message at second session of the twenty-ninth Congress, 677; - greatly occupied with the Mexican war, 677; - the real beginning of the war, 678; - the conquered provinces governed under the law of nations, 678; - Mr. Benton's plan of conducting the war adopted, 678; - to carry the war straight to the city of Mexico, 678; - a higher rank than Major-General required to execute this plan, - 678; - negotiation a part of the plan, 678; - Lieutenant-Generalship proposed, 678; - defeated in the Senate by Marcy, Walker, and Buchanan, 679; - overrules his cabinet relative to the conduct of the war with - Mexico, 693. - - His message at first session of the thirteenth Congress, 703; - gratifying intelligence to communicate, 703; - commissioner sent with the army, 704; - operations of a female to secure the absorption of Mexico and the - assumption of her debts, 704; - extract from the message relative thereto, 704; - do. relative to the absorption of a part of Mexico, 704; - return to the line rejected from the message at a former session, - 705; - reason, 705; - a wish of the slave interest, 705; - expenses of the government, 705; - the good working of the independent treasury system, 705; - special message on the slavery agitation, 712; - extract, 712. - - Last message, 724; - extract relative to the Mexican war, 724; - remarks, 724; - extension of the Missouri Compromise recommended, 724; - various parties on the subject, 725; - finances, 725; - expenditures, 725; - decease of, 737; - first President put on the people without previous indication, - 737; - faults of the administration, the faults of his cabinet, 737; - his will, 738; - the Mexican war, 738; - acquisition of Mexico, 738. - - PORTER, ALEXANDER.--Decease of, 569; - eulogium by Col. Benton, 569; - early life, 569; - lawyer in lower Mississippi, 570; - Senator, 570; - his example, 570; - remarks, 571. - - PORTER, COMMODORE.--Decease of, 491; - his career--an illustration of the benefits of the cruising - system, 491; - ardor for the service, 492; - the Essex frigate, 492; - her cruise towards the Grand Banks, 492; - capture of the Alert, 492; - cruise to Brazil, 493; - cruise in the Pacific Ocean, 493; - Valparaiso, 493; - prizes taken, 494, 495, 496; - capture of the Essex, 497; - end of the cruise, 498; - incidents of Porter's personal history, 498; - resignation, 498; - cause, 498; - features of his character, 499. - - PORTER, JAMES MADISON.--Secretary at war, 579. - - _Presidency._--Bold intrigue for. _See Texas annexation._ - - _Presidential election of 1840._--The candidates, 204; - availability sought for by the opposition, 204; - Clay not available, 204; - submits himself to a convention, 204; - rule of the convention, 204; - the process, 204; - an embittered contest foreseen, 205; - influence of the money power, 205; - mode of operating, 205; - inducements addressed to the people, 205; - mass conventions, 205; - one at Dayton, Ohio, 205; - description, 206; - election carried by storm, 206; - result, 206; - belief of fraudulent votes, 207. - - _of 1844._--The candidates, 625; - the votes, 625; - the popular vote, 625; - causes of the difference in the popular vote, 626; - aid of Silas Wright, 626; - aid from the withdrawal of Mr. Tyler, 626. - - _of 1848._--Proceedings of the Baltimore convention, 722; - difficulties in the convention, 722; - the candidates, 722; - a third convention at Buffalo, 723; - three principles laid down, 723; - remarks on the unfortunate acceptance of Van Buren, 723; - result, 723; - its moral, 724. - - _Public Lands._--New States bound by contract not to interfere with - the primary disposition of the public lands, nor to tax them - while remaining unsold, nor for five years thereafter, 125. - - _The Graduation Bill_, 126; - proposed for twelve years, 126; - reduction of price the principal feature, 126; - favorable auspices under which the bill comes, 126; - its original provisions, 126; - a measure emphatically for the benefit of the agricultural - interest, 126; - bill passed in the Senate and failed in the House, 126. - - Pre-emptive system, 127; - to secure the privilege of first purchase to the settler on any - lands, 127; - moved to exclude unnaturalized foreigners from its benefits, 127; - remarks of Senator Benton, 127; - it proposes to make a distinction between aliens and citizens in - the acquisition of property, 127; - who are the aliens it was proposed to affect, 127; - motion rejected, 127; - bill passed, 127. - - _Taxation of Public Land when sold._--Early sales on credit, 127; - time of exemption from taxation, 128; - change in 1821 to the cash system, 128; - modifications proposed, 128; - bill passed the Senate, 128. - - PRESTON, WILLIAM, on the annexation of Texas, 94; - on the slavery resolutions, 139. - - PRESTON, WILLIAM B., Secretary of the Navy, 737. - - _Princeton Steamship_, explosion of her gun. (See explosion.) - - PROFFIT, GEORGE H., His nomination rejected in the Senate 630. - - - R - - _Recess Committees, refusal of the House to allow._--The - proposition, 304; - adopted, 304; - reconsideration moved, 304; - carried, 304; - laid on the table, 304; - a modification attempted, 304; - question raised on the words "to sit during recess," 305; - no warrant found in the constitution, 305; - practical reasons against it, 305; - laid on the table finally, 305. - - _Revolt in Canada._--Its commencement, 276; - and progress, 276; - excitement on the border line, 276; - steps taken by the President, 277; - the fidelity and sternness with which all these lawless - expeditions were suppressed by Van Buren, 277; - he discharged all the duties required, 277; - neutral relations preserved in the most trying circumstances, - 278; - whole affair over, but the difficulty revived by an unexpected - circumstance, 278; - stand made by insurgents on Navy Island, 278; - supplies carried by a small steamboat, 278; - attacked and destroyed when moored to the American shore, 278; - affidavit of the captain, 278; - report of the British officer, 279; - adds the crimes of impressment and abduction to all the other - enormities, 279; - state of the parties reversed, 279; - part of the United States now to complain, 279; - communication of Mr. Forsyth to Mr. Fox, 279; - message of President Van Buren to Congress, 279; - extracts, 279; - feeling in Congress, 280; - action of Congress, 280; - British government refrains from assuming the act, 280; - extract from Capt. Drew's report, 280; - reply of McNab to the letter of District Attorney Rogers, 280; - remarks of Mr. Fillmore on the reading of the letter, 281; - answer to our demand for redress, 281; - at near the close of Van Buren's administration the British - government had not assumed the act of Capt. Drew, and had - not answered for that act, 281; - inquiries in the House of Commons relative to it, 282; - an important event, 282; - arrest of McLeod, 282; - a demand from the British Minister for his release, 282; - extract, 282; - reply of the American Secretary, Mr. Forsyth, 283; - extract, 283; - British government takes its stand relative to the Caroline after - the Presidential election of 1840, 283; - queries in the House of Commons, 284; - remarks of Mr. Hume, 284; - admission of Palmerston, 284; - testimony of McNab, 285; - remarks, 285; - triumph of Palmerston policy, 286; - finale of the case, 286; - proceedings in the case, 286; - action of the administration, 286; - discussion in the House on this action, 287; - remarks of Mr. Ingersoll, 287; - "this in its national aspect is precisely the same as if it had - been perpetrated in a house," 287; - demand of the British, 287; - Mr. Fox's letter is a threatening one, 287; - a deplorable lapse from the position Mr. Webster first assumed, - 288; - our position is false, lamentably false, 288; - never did man lose a greater occasion than Mr. Webster cast away, - 288. - - Success of the British Ministry in this experiment, 289; - another trial, 289; - Mr. Adams in defence of the administration, 289; - Mr. Cushing on the same side, 289; - remarks on their speeches, 290; - the case of the Poles and of the Hungarians, 290; - Butler's reply to Cushing, 290; - the fashion of the friends of Webster, 291. - - Speech of Senator Benton, 291; - "the history of our country full of warning to those who take the - side of a foreign country against their own, 291; - humiliating to see Senators of eminent ability consulting books to - find passages to justify an outrage upon their own country, - 292; - what is the case before us? 293; - a statement, 293; - further statement, 294; - a conclusive point settled, 294; - position of the British Ministry known on March 4th, 295; - action of the new administration, 295; - letter of Mr. Fox, 295; - instructions of Mr. Webster to the Attorney General, 295; - extract, 295; - proceedings of the Attorney General, 296; - duties of the Attorney General, 296; - the correctness and propriety of the answer given to Mr. Fox the - main point in the case, 297; - the instructions erroneous in point of law, derogatory to us in - point of character, and tending to the degradation of the - republic, 298; - the law of nations, 298; - derogatory to our character, 299; - example of Walpole's foreign policy, 300; - the instructions to the Attorney General most unfortunate and - deplorable, 300; - the letter to Mr. Fox from the Secretary of State, 301; - an unfortunate production, 301; - its faults fundamental and radical, 302; - abandonment of our claim, 302; - further remarks," 303, 304. - - RIVES, WILLIAM C., in defence of the veto of the bank bill, 322; - on the disorder in the Senate gallery, 351-352. - - RODGERS, COMMODORE, _decease of_.--His appearance, 144; - hero, by nature, 144; - sketch of his life, 144; - American cruisers in the last war, 145; - views of the Government on the employment of the public vessels, - 145; - Rodgers opinion, 146; - his naval exploits, 146; - his humanity, 147; - feelings at the death of Decatur, 147; - death, 148. - - - S - - _Salt._--Speech of Mr. Benton, 176; - perhaps the most abundant substance of the earth, 176; - the universality of the tax on it, 177; - a salt tax was not only politically, but morally wrong, 177; - a tax upon the entire economy of nature and art, 177; - determination to effect its repeal, 178. - - SANTA ANNA.--His remark relative to Commander McKenzie. - - _His downfall._--His return expected to secure a peace with - Mexico, 709; - the sword, and not the olive branch, returned to Mexico, 709; - capture of Mexico put an end to his career, 710; - in three months, the treaty signed, 710; - the acquisitions, 710; - the payments, 710; - a singular conclusion of the war, 710; - the treaty a fortunate event, 710; - manner in which those who served the Government fared, 711. - - SAUNDERS, ROMULUS M., moves the adoption of the two-thirds rule in - the democratic convention, 591. - - SCHLOSSER, Harbor of the steamboat Caroline, 278. - - SEWARD'S, WILLIAM H., answer to the interrogatories of an - anti-slavery meeting, 776. - - SLADE, WILLIAM, on abolition petitions, 150. - - _Slavery agitation, progress of._--Movements for and against - slavery, in the session of 1837-'38, 134; - memorial from Vermont against the annexation of Texas, and for the - abolition of slavery in the District of Columbia, 134; - petitions, &c., 134; - little excuse, 134; - state of the case, 134; - residence of the petitioners, 134; - subject of the petitions disagreeable, 134; - leading to an inevitable separation of the States, 134; - remarks of Mr. Calhoun, 134; - question on the most judicious mode of treating these memorials, - 135; - the course adopted, to lay the question of reception on the - table, 135; - Calhoun endeavors to obtain, from the Senate, declarations which - should cover all the questions of federal power over the - institution of slavery, 135; - his resolutions, 135; - the fifth, 135; - the dogma of "no power in Congress to legislate upon the existence - of slavery in territories," had not then been invented, 135; - reference to the Missouri Compromise line, 136; - Calhoun's remarks on this compromise, 136; - remarks, 136; - Clay's substitute, 137; - further proceedings, 137; - repugnance of the Senate to the movement, 138; - remarks of senators on the tendency of the resolutions to - aggravate the excitement, 138; - justification of Calhoun, 139; - action of the Senate and the House, 140; - the important part of the debate, 140; - remarks on Calhoun's views of the Missouri Compromise, 140. - - Remarks of Calhoun on the ordinance of 1787, in the Oregon bill, - 141; - three propositions laid down by him, 141; - their conflict with the power exercised by Congress, - in the establishment of the Missouri Compromise, 141; - his views in the Cabinet, 141; - old writings produced, 141; - denial of Mr. Calhoun that Monroe's Cabinet was consulted on the - subject, 142; - circumstances favoring the denial, 142; - views of Calhoun in 1820, in 1837-'38, and in 1847-'48, 142; - changes in his opinions on the constitutional power of Congress, - 143; - remarks, 143; - records of the Department of State, 143. - - In the House, a most angry and portentous debate, 150; - motion on the subject of petitions and memorials, 150; - manner in which it is advocated, 150; - course of Mr. Slade, 150; - suggestion of Legare, 150; - excited action of the House, 150; - further excitement, Wise requests his colleagues to retire with - him, 151; - the invitation renewed by Rhett, 151; - McKay interposes the objection that heads Slade, 151; - question on leave taken, 152; - adjournment moved and carried, 152. - - Invitation to Southern members to meet together, 152; - the meeting, 152; - result, 153; - amendment of the rules, 153; - vote, 153; - remarks, 154; - prominent members for the petitions, 154. - - _Abolitionists classified by Mr. Clay._--Speech of Mr. Clay, 154; - "the most judicious course to be pursued with abolition petitions, - 154; - difference in the form of proceeding, 155; - three classes of persons opposed to the continued existence of - slavery, 155; - the attempt to array one section of the Union against another, 155; - the means employed for the end, 156; - the spirit of abolitionism has displayed itself at three epochs of - our history, 156; - further remarks, 156." - - Calhoun's resolutions, 696; - the real point of complaint, 696; - speech of Mr. Calhoun, 696; - extract, 696; - never voted upon, 697; - "firebrand," 697; - commencement of the slavery agitation founded upon the dogma of - "no power in Congress to legislate upon slavery in the - territories," 697; - position of Mr. Calhoun up to this time, 697; - further remarks, 697; - the resolutions characterized - as nullification, 697. - - _Disunion_ letter of Mr. Calhoun to a member of the Alabama - Legislature, 698; - disavows the design of a dissolution of the Union, and at the - same time proves it, 698; - opening paragraph, 698; - "_to force_ the issue," 698; - notices the act of the Pennsylvania Legislature, 698; - his secret views of the Wilmot proviso, 699; - measures of retaliation suggested, 699; further extracts, 700; - a further feature in the plan of forcing the issue, 700; - a Southern Convention, 700; - the letter furnishes the key to unlock Calhoun's whole system of - slavery agitation, 700. - - Special message of President Polk, 712; - a delusive calculation, 713; - a new dogma invented, 713; - the slavery part of the Constitution extends itself to - territories, 713; - broached by Mr. Calhoun, 713; - remarks, 714; - remarks of Mr. Calhoun on the Missouri case, 714; - his error exposed, 714; - passed by the South, 714; - remarks of Mr. Calhoun on the dissolution of the Union, 715; - remarks of Mr. Benton, 715. - - _Extension of the Constitution._--The territories without a - government, 729; - motion of Mr. Walker of Wisconsin as an amendment to the - appropriation bill, 729; - a disorderly motion, 729; - an amendment inserting an extension of the Constitution, 729; - remarks of Mr. Webster, 729; - reply of Mr. Calhoun, 730; - the Constitution made for States, not Territories, 731; - examination of Calhoun's position, 731; - debate takes a slavery turn, 732; - bill passed after midnight on the last day of the session, 732; - declining to vote, 732; - remarks, 732; - "forcing the issue," 733. - - Nightly meetings of members from the slave States, 733; - Calhoun at the bottom of the movement, 733; - his manifesto superseded by a new address in the grand committee, - 733; - replaced, 733; - changed from the original draft, 734; - saluted as the second Declaration of Independence, 734; - remarks, 734; - extracts, 734; - emancipation held to be certain, if not prevented, 735; - the means of prevention, 735; - takes the attitude of self-defence, 735; - further contents of the manifesto, 736; - last speech of Mr. Calhoun, 744; - read by Mr. Mason, 744; - first cause of the slavery disease, the ordinance of 1787, 744; - the second, the Missouri Compromise, 744; - third, slavery agitation, 744; - history of the agitation, 744; - process of disruption going on, 745; - successive blows required to snap the cords asunder, 745; - extract, 745; - the last cord, 746; - extracts, 746; - the remedy, 746. - - _Slaves, American, liberation of in British Colonies._--Three - instances of this kind had occurred, 182; - details of each, 182; - redress obtained from Great Britain in the first two cases, 182; - resolution offered on the subject by Mr. Calhoun, 182; - can a municipal regulation of Great Britain alter the law of - nations? 183; - Calhoun's argument, 183; - referred, 183. - - _Slaves, Fugitive._--History of the slave recovery clause, 773; - act of 1793, 773; - third section, 773; - a fair interpretation of the Constitution, 773; - the penal section, 774; - the law of Pennsylvania, 774, 777; - the act of New York, 775; - Marcy's reply to an anti-slavery meeting, 775; - Seward's reply to the interrogatories of the same meeting, 776; - sentence on a citizen of Maryland for recapturing his slave in - Pennsylvania, 778; - decision of the Supreme Court, 778; - a bill reported on the subject of fugitive slaves, 778; - proviso in favor of a jury trial rejected, 779; - sentiments of Mr. Cass, 779; - further remarks, 780. - - SMITH, GEN. SAMUEL, decease of, 176; - forty years in Congress, 176; - industry, 176; - punctuality, 176; - characteristics, 176; - long life and service, 176. - - SMITH, WILLIAM, declines the appointment of Judge of the Supreme - Court, 9. - - _Somers, Brig, alleged Mutiny on Board._--Manner of entering the - harbor of New York, 523; - astonishment of the public at the news, 523; - the vessel and her crew, 523; - how first communicated, 523; - ridicule the only answer first given, 524; - further relative to the first discovery, 524, 525; - means for arrest of the suspected, 525; - the arrest, 516; - treatment, 526; - evidences sought for, 527; - further arrests, 528; - the turning point of the case, 529; - suspicious circumstances, 530; - interrogatories, 530; - facts, 531; - treatment of the prisoners, 532; - the handspike sign, 532; - missing their muster, 533; - the African knife, 533; - the battle-axe alarm, 534; - letter of the commander to the officers, 534; - council of officers, 535; - testimony before the council, 535; - incidental circumstances, 536; - new arrests, 537; - the way in which three men were doomed to death, 537; - trial of Governor Wall at Old Bailey, 537; - further proceedings, 538, 539; - informing the prisoners of their fate, 540; - their conduct, 540, 541, 542, 543, 544, 545; - the executions, 546; - report of the confessions false upon its face, 547; - the cases of Small and Cromwell, 548; - death and innocence of the men, 549; - conclusion of the execution, 549; - speech of the commander, 550; - speech on the Sunday following, 551; - the letter in the Bible, 551; - four men in irons, 551; - interval after the execution, 552; - evidence of Gansevoort, 552; - conclusion of the report, 553; - the purser's steward, 554; - Sergeant Garty, 555; - the commander's clerk, 556; - recommendations for reward and promotion, 556; - proceedings of the court-martial, 557; - precipitation, 557; - the reason, 557; - the composition of the court, 558; - end of the prosecutions, 559. - - The real design of Spencer, 559; - the case of Lieut. Col. Wall of the British service, 560; - subsequent career of Commander Mackenzie, 561; - remark of Santa Anna, 561; - the work of fourteen years, 561. - - _South Sea scheme_, its origin, and pretensions, 378. - - _Specie circular_, its issue, 14. - - SPENCER, JOHN C., Secretary of War, 356; - Secretary of the Treasury, 569. - - STRANGE, ROBERT, on the slavery resolutions, 139. - - STUART, A. H., on the veto of the provisional tariff, 415; Secretary - of the Interior, 768. - - _Supreme Court._--Its Judges, Clerk, Attorney Generals, Reporters, - and Marshals, during the period from 1820, to 1850, 787. - - - T - - TAPPAN, BENJAMIN, vindicates the martial law at New Orleans, 500; - statement of the declarations of Mr. Polk, relative to the mode of - Texas annexation, 636. - - _Tariff, specific duties abolished by the Compromise._--Distinction - between specific and ad valorem duties, 189; - statements relative to the practical operation of the ad valorem - system, 189; - examples of injurious operation, 189; - losses in four years on three classes of staple goods, 189. - - _Sugar and Rum drawbacks, their abuse._--Motion for leave to bring - in a bill to reduce the drawbacks allowed on sugar and rum, - 190; - Benton's objections to the act of 1833, 190; - facts relative to the drawback on sugar, 191; - operation of the act on the sugar duties, 191; - tables, 191, 192; - effect of the compromise act on the article of rum, 193. - - _Fishing Bounties and their allowance._--Motion for leave to - introduce a bill to reduce the fishing bounties, &c., 194; - it is asked whether these allowances are founded on the salt duty, - and should rise or fall with it, 194; - proofs,--; - the original petition and acts of Congress, 194; - numerous acts referred to, 194, 195; - defects of the compromise act, 196; - mischiefs resulting from the act, 197; - the whole revenue of sugar, salt, and molasses, is delivered over - annually to a few persons in the United States, 197; - amount taken under these bounties, 198. - - _Tariff Compromise, infringement of._--Errors of opinions respecting - the act of 1833, 307; - agency of John M. Clayton and Robert P. Letcher, 307; - composed of two parts, 307; - neither lived out its allotted time, 307; - regulation of the tariff taken out of the hands of the Government - by a coalition between Mr. Clay and Mr. Calhoun, and a bill - concocted as vicious in principle as it was selfish and - unparliamentary in its conception and execution, 308; - foresight of the results, 308; - a cry of danger to the Union carried it, 308; - calls of the Secretary of the Treasury for loans, 308; - revenue expected under the reduced duties of the compromise on - half what was needed, 308; - statement of Mr. Fillmore, 308; - proposed to abrogate the compromise, 309; - complaints of the opposition, 309; - remarks of Mr. Gilmer, 309; - the compromise contemplated only revenue duties, 309; - it is said the law is not binding, 309; - wait until sufficient information is obtained to enable us to act - judiciously, 309; - Ingersoll's sarcastic taunts of the two chiefs of the compromise, - 310; - Pickens' remarks against the abrogation of the compromise, 310; - passage of the new bill through the House, 311; - cost of collecting ad valorem duties, 311. - - Bill in the Senate, 311; - Clay proposes to go on with the bill, 311; - Calhoun proposes to delay a few days, 311; - remarks, 311, 312; - remarks of Mr. Benton, 312; - the present occasion illustrated the vicious and debauching - distribution schemes, 312; - motion to include sumach in the dutiable articles, 312; - remarks of Clay, 313; - reply of Calhoun, 313; - origin of the term Whig in this country, 314; - duty imposed on sumach, 315. - - Proposed to make salt a free article, 315; - annihilate the American works engaged in the manufacture, 315; - affects two great portions of the community in a very different - manner, 315; - the consumers of the domestic and the imported article, 315; - amount of revenue collected from salt, 316; - the whole system will have to be revised, 316; - the universality of its use is a reason for its taxation, 316; - vote on, 316; - a combination of interests - has kept up the tax, 316; - amount of revenue from the duty, 316. - - Moved to exempt tea and coffee, 316; - carried, 316; - bill passed on the general ground that the Government must have - revenue, 316; - defect of the compromise in making no provision for the reduction - of drawbacks on sugars, &c., 316; - attempts to amend and failure, 317; - carried in the present bill, 317; - the bounty to the fisheries claimed as a right, 317; - further remarks, 317. - - Low state of the treasury and the credit of the Government, 413; - the result of three measures forced upon the previous - administration by the opposition, and the aid of temporizing - friends, 413; - these measures, the compromise act, the distribution of the - surplus revenue, and the surrender of the land revenue to - the States, 413; - remarks, 413; - a retributive justice in this calamitous visitation, 413; - it fell upon the authors of the measure, 413; - a _provisional_ tariff passed, 414; - vetoed, 414; - reasons, 414; - remarks, 414; - deplorable condition of the administration, 414; - remarks of Fillmore on the endeavor of the President to get back, - even temporarily, the land revenue, 415; - Stuart asserts that the land distribution bill was an intended - part of the compromise from the beginning, 415; - extract, 415; - remarks of Carruthers, 416; - second bill, similar to the first, passed and vetoed, 416; - veto referred to a Committee of Thirteen, 416; - three reports, 416; - extract, 416; - the compromise and the land distribution were the - stumbling-blocks, 417; - both sacrificed together, 417; - manner in which it was done, 417. - - TAYLOR, ZACHARY, candidate for President, 722; - elected, 723; - his inauguration, 737; - his cabinet,--; his message, 740; - dangers of the Union, 740; - the claim of Texas, 740; - governments for the territories, 741; - reference to 741; - remark of Calhoun, 741; - Cuba, 741; - denunciation of unlawful expeditions, 741. - - Decease of, 765; - occasion of his death, 765; - first President elected on a reputation purely military, 765; - deficiency of political wisdom, 765; - the Texas boundary, 765; - his death a public calamity, 765. - - _Texas, proposed annexation of._--Application of that republic, 94; - an insuperable objection, 94; - Texas was at war with Mexico, and to annex her was to annex the - war, 94; - resolution for a legislative expression in favor of the measure, - as a basis for a tripartite treaty, 94; - remarks of Mr. Preston, 94; - "the lead taken by Texas, 95; - all hostile purposes and ill-temper towards Mexico disavowed, 95; - the treaty of 1819 a great oversight, 95; - a mistake of the committee, 95; - it is supposed there is a sort of political impossibility - resulting from the nature of things to effect the proposed - union, 96; - there is no point of view in which any proposition for annexation - can be considered, that any serious obstacle in point of - form presents itself," 96; - resolution laid on the table, 97. - - _Presidential Intrigue._--Letter of Mr. Gilmer, in a Baltimore - newspaper, urging immediate annexation as necessary to - forestall the designs of Great Britain, 581; - these alleged designs, 581; - no signs, 581; - nothing in the position of Mr. Gilmer to make him a prime mover, - 581; - a counterpart of the movement of Mr. Calhoun in the Senate of - 1836, 582; - finger of Mr. Calhoun suspected, 582; - its progress, 582; - Webster inflexibly opposed, accosting of Aaron V. Brown, 582; - reply of Senator Benton, 582. - - Letter from General Jackson in the Richmond Enquirer, 583; - history of this letter, 583; - Calhoun a candidate for the Presidency in 1841-2, 583; - annexation the issue, 583; - importance of the favor of General Jackson to secure the success - of the scheme, 583; - manner of approaching him, 583; - its success, 584; - mediums of transmission of Gilmer's letter, 584; - Jackson's answer sent to Brown, 584; - delivered to Gilmer, 584; - his expressions in the capitol, 584; - the state of the game, 584; - object now to gain time before the meeting of the convention, 585; - the Whigs induced to postpone their convention, 585; - discovery of the movements, 586; - denounced, 586; - explosion of the great gun on board the Princeton, 586; - the publication of Jackson's letter with change of date, 587; - interrogation of the candidates, 587; - reply of Van Buren, 587; - position of Calhoun, 587; - position of Mr. Clay, 587; - steps taken to obtain Van Buren's answer, 588; - necessity to obtain something from London to bolster up the - accusation of that formidable abolition plot which Great - Britain was hatching, 589; - the manner in which it was accomplished, 589; - Calhoun's letter to Lord Aberdeen, 589; - annexation conducted with a double aspect, 590; - failure of the annexation intrigue for the Presidency, 590; - further developments, 590; - position of the candidates, 590. - _See Democratic Convention._ - - _Secret Negotiation._--A paragraph in the President's message, - 599; - intended to break the way for the production of a treaty of - annexation covertly conceived and carried on with all the - features of an intrigue, 600; - its adoption to be forced for the purpose of increasing the area - of slavery, or to make its rejection a cause of disunion, - 600; - the scheme presents one of the most instructive lessons of the - workings of our government, 600; - early views of Mr. Calhoun contrasted with his later ones, 600. - - Speech of Senator Benton, 600; - "a map and memoir sent to the Senate, 600; - let us look at our new and important proposed acquisitions, 601; - the treaty in all that relates to the Rio Grande is an act of - unparalleled outrage on Mexico, 602; - the President says we have acquired a title by his signature to - the treaty, wanting only the action of the Senate to - perfect it, 602; - war with Mexico is a design and an object with it from the - beginning, 602; - another evidence the letter of the present Secretary of State to - Mr. Green, 602; - the war is begun, 603; - and by orders issued from the President, 603; - the unconstitutionally of the war with Mexico, 603; - its injustice, 603; - this movement founded on a weak and groundless pretext, 604; - resolution relative to the author of a private letter, 605; - the letter of the Secretary of State to Mr. Murphy, 605; - commencement of the plan, 606; - details in its progress, 606, 607; - treaty sent to the Senate and delayed forty days, 608; - reasons, 608; - the messenger to Mexico, 609; - instructions, 609, 610; - disavowal of Great Britain of all designs against slavery in - Texas, 611; - Southern men deprived us of Texas and made it - non-slaveholding in 1819, 612; - object of Mr. Tyler," 613. - - _Texas or Disunion._--The projected convention at Nashville, 613; - a strange collection anticipated, 613; - what if disunion should appear there, 613; - nullification and disunion are revived, and revived under - circumstances which menace more danger than ever, 614; - intrigue and speculation co-operate, but disunion is at the - bottom, 614; - secession is the more cunning method of dissolving the Union, - 614; - the intrigue for the Presidency was the first act of the drama, - the dissolution of the Union the second, 615; - the rejected treaty compared to the slain Caesar, 615; - the lesson of history, 615; - all elective governments must fail unless elections can be taken - out of the hands of politicians and restored to the people, - 616. - - _Violent Demonstrations in the South._--Soon as the treaty was - rejected and the nominating convention had acted, the - disunion aspect manifested itself, 616; - the meeting at Ashley, in Barnwell district, 616; - views of the meeting, 616; - resolutions, 617; - meeting at Beaufort, 617; - resolutions, 617; - meeting in Williamsburg district, S. C., 617; - Texas or disunion the standing toast, 617; - general convention at Richmond and at Nashville spoken of, 617; - repelled by citizens of those cities, 617; - counter meeting at Nashville, 617; - resolutions, 618; - the movement brought to a stand, its leaders paralyzed, and the - disunion scheme suppressed for the time, 618. - - _Rejection of the Treaty._--Rejected by a vote of two to one - against it, 619; - the vote, 619; - annexation desirable, 619; - bill introduced by Mr. Benton to authorize the President to open - negotiations with Mexico and Texas, 619; - speech, 619; - an honest mass desire to get back Texas, 620; - the wantonness of getting up a quarrel with Great Britain exposed, - 620; - the course of Mr. Calhoun, 621; - the folly of any apprehension shown by the interest which Great - Britain has in the commerce of Mexico, 621; - the magnitude and importance of our growing trade with Mexico, the - certainty that her carrying trade will fall into our hands, - &c., are reasons for the cultivation of peace with her, 621; - political and social considerations and a regard for the character - of republican government, were solid reasons for the - annexation without breaking peace with Mexico, 622; - remarks on the course of annexation, 623; - resolutions offered by Mr. Benton, 623, 624. - - _Legislative admission of._--Words of the joint resolution, 632; - the anomaly presenting free and slave territory in the same State, - 632; - passed, 633; - members from both sections voted for these resolutions, and - thereby asserted the right of Congress to legislate on - slavery in territories, 633; - resolutions sent to the Senate, 633; - gratification of Mr. Buchanan with them, 633; - his remarks, 633; - the Missouri Compromise line, 633; - solid ground upon which the Union rested, 634; - Mr. Benton's bill, 634; - his remarks on the bill, 634; - the joint resolution from the House and the bill of the Senate - combined, and the President authorized to act under them - as he thought best, 635; - Missouri Compromise reaffirmed, 636; - astonishment of Congress to hear that Tyler had undertaken the - execution of the act, 636; - views and purposes of President Polk, 636; - statement of Mr. Tappan, 636; - statement of Mr. Blair, 637; - the possibility that Mr. Calhoun would cause Mr. Tyler to - undertake the execution of the act repulsed as an impossible - infamy, 638; - remarks of Senators, 638; - the results, 638. - - _Thirty Years' View._--Concluding remarks, 787. - - THOMAS, FRANCIS, on the Pension act of 1837, 269. - - THOMPSON, R. W., reply to Mr. Cushing, 505. - - TRIST, NICHOLAS P., Commissioner to Mexico, 704. - - TYLER, JOHN, candidate for the Vice-Presidency, 204. - - _Administration._--His absence in Virginia, 211; - interregnum in the government, 211; - repairs to Washington, takes the oath and reappoints the Cabinet, - 211; - address in the nature of an inaugural issued, 211; - remarks on his predecessor, 211; - two blemishes seen in the paragraph, 212; - other points of bad taste, 212; - another extract, 212; - remarks, 212; - extract relative to a bank, 212; - circumstances and declarations which led to an inference of his - opinion relative to a bank, 213. - - Message, 215; - grant of money to President Harrison's family recommended, 215; - considered without the pale of the constitution and of dangerous - precedent, 215; - Harrison's fidelity, 216; - Congress would not have been called by President Tyler, 216; - compromise of 1833, 216; - remarks, 216; - fiscal agent recommended, 217; - Hamilton's reasons for a national bank, 217; - a grant of money to the States recommended, 217; - extract, 217; - the President's early views on the constitution, 218; - change, 218; - remarks, 218; - programme of measures in the form of a resolve offered by Mr. - Clay, 219; - remark of Mr. Cushing, 219. - - _Resignation of the Cabinet._--Occurred two days after the - second veto message, 353; - the impelling circumstance a letter, 353; - allusion to this letter by Mr. Ewing, 354; - reasons of the resignation, 354; - statement of Mr. Ewing, 354; - statement of Mr. Badger, 354; - statement of Mr. Bell, 355; - statement of Mr. Crittenden, 356; - Webster's reasons for not resigning his seat in President Tyler's - Cabinet, 356; - influences upon Webster, 356; - new Cabinet, 356. - - _Repudiated by the Whig Party._--Denounced in both Houses of - Congress, 357; - formal meeting of the Whigs, 357; - resolutions, 357; - report of Committee, 357; - how cherished hopes were frustrated, 357; - extract, 357; - loss by the conduct of the President, 358; - what is to be the conduct of the party in such unexpected and - disastrous circumstances? 358; - establish a permanent separation of the Whig party from Mr. Tyler, - 359; - course recommended to be pursued, 359; - a new victory promised at the next election, 359; - manifesto announced by Mr. Cushing by a counter manifesto, 359; - justification of the President for changing his course on the - fiscal corporation bill, 359; - thrust at Mr. Clay, 359; - the design, 360; - relations of Clay and Webster, 360; - extracts from Cushing's manifesto, 360; - interest of the President in the second bill, 361; - further details, 361; - the results, 362. - - _End and results of the Extra Session._--Replete with disappointed - expectations and nearly barren of permanent results, 372; - defection of Mr. Tyler not foreseen, 373; - repealability the only remedy thought of, for the law creating a - bank, 373; - other acts of the session, 373; - three only remain, 377; - a triumphant session to the democracy, 373. - - _First Annual Message._--Acquittal of McLeod the first subject - mentioned, 373; - remarks on the Caroline, 374: - condition of the finances, 374; - new plan of a fiscality, 374; - remarks of Mr. Benton on this plan, 375; - reference to the report of the Secretary of the Treasury, 376. - - _Separation from the Whig Party._--Effort to detach the Whig - party from Mr. Clay, 417; - its failure, 418; - impeachment suggested, 418; - the protest of Mr. Tyler, 418; - difference from the case of General Jackson, 418; - remarks of Mr. Adams, 418; - remarks of Mr. Botts, 419; - introduces resolutions of the Senate in 1834 on the case of - President Jackson, 419; - passage in the House, 419. - - _Message at the Session 1842-3._--The treaty with Great Britain - the prominent topic of the forepart of it, 460; - in public opinion it was really a British treaty, 460; - important subjects omitted, 460; - the Oregon Territory, 460; - excuses in the Message for omitting to settle it, 460; - extract, 460; - the excuse lame and insufficient, 460; - termination of the Florida war, 461; - a government bank a prominent object and engrossing feature, 461; - its features, 461; - impossible to carry a passion for paper money farther than - President Tyler did, 461; - the low state of the public credit, the impossibility of making a - loan, and the empty state of the Treasury, were the next - topics, 462; - extract, 462; - the low and miserable condition to which the public credit had - sunk at home and abroad, 462; - remarks, 463. - - Second Annual Message, 565; - remarks on the Oregon territorial boundary, 565; - error of the Message in saying the United States had always - contended for 54 deg. 40' as the limit, 565; - always offered the parallel of 49 deg., 566; - prospective war with Mexico shadowed forth, 566; - reference to the exchequer scheme, 566; - regret at its rejection, 566; - extract, 566; - his sighings and longings for a national paper currency, 567; - reconstruction of his Cabinet, 569. - - _The President and Senate._--Mr. Tyler without a party, 629; - incessant rejection of his nominations by the Senate, and the - pertinacity of their renewal, 629; - case of Mr. Cushing, 629; - the case of Mr. Wise, 630; - the case of George H. Proffit, 630; - case of David Henshaw, 630. - - _His last message._--Texas was the prominent topic of this - message, 631; - Mr. Calhoun the master-spirit, 631; - speculations gave the spirit in which the Texas movement was - conducted, 631; - conduct and aspect towards Mexico, 631. - - - U - - UNDERWOOD, JOSEPH R., on the bill for the relief of Mrs. Harrison, - 259. - - UPSHUR, ABEL P., Secretary of the Navy, 356; - Secretary of State, 562; - killed on board the Princeton, 568. - - - V - - _Van Buren's Administration._--Inauguration, 7; - subjects of his address, 7; - extract relative to the foreign policy of the country, 7; - remarks, 7; - the subject of slavery, 8; - remarks of the inaugural upon, 8; - declaration to sanction no bill which proposed to interfere with - Slavery in the States, or to abolish it in the District of - Columbia while it existed in the adjacent States, 9; - the only point of fear at this time, 9; - the Cabinet, 9; - extra session of Congress, 29; - the Message, 29; - good effects of the specie order, 30; - objections to any bank of the United States, 30; - total and perpetual dissolution of the government from all - connection with banks, 30; - remarks on the recent failure of all the banks, 30; - the foundation of the Independent Treasury, 31; - recommended to subject the banks to the process of bankruptcy, - 31; - four cardinal recommendations, 31; - cause of the extra session stated, 31; - recommendation, 31. - - _Attacks on the Message._--The answers to Messages in former days, - 32; - the change when made, 32; - its effects, 32; - assaults upon the message under thirty-two heads, equal to the - points of the compass, 33; - assailants, 33; - defenders of the administration, 33; - the treasury note bill, 33; - remarks of Mr. Webster, 33; - paper money, 33; - remarks of Mr. Benton, 34; - extracts, 34; - neither a paper money bill nor a bill to lay the foundation for a - national debt, 34; - treasury notes for circulation and treasury notes for investment, - 34; - their distinctive features, 34; - such issues of dangerous tendency, 34; - passed the Senate, 35; - in the House notes reduced to $50, 35; - in the Senate motion to restore amount to $100, remarks of Mr. - Clay in favor, 35; - charged as being a government bank, 35; - remarks of Mr. Webster, 36; - motion lost, 36. - - First regular session, 65; - the message, 65; - confined to home affairs, 65; - resurrection notes, 65; - extract from the message on this point, 66; - graduated prices recommended for the public lands, 66; - a prospective pre-emption act, 66; - extract, 66; - subsequently adopted, 67. - - Message at first session of the twenty-sixth Congress, 162; - extracts, 162; - other motives than a want of confidence under which the banks seek - to justify themselves, 162; - dangerous nature of the whole banking system, from its chain of - mutual dependence and connection, 162; - a financial crisis commencing in London extends immediately to our - great Atlantic cities, 162; - extracts, 163; - the disconnection produced by the delinquencies of the banks, 163; - beneficial operation of the pre-emption system, 163; - effect of renewed negotiations with the Florida Indians, 164. - - Conclusion, 207; - measures of his administration, and their effect, 207; - general harmony, 207; - no offence given to North or South, 207; - bank suspensions, 207; - insurrection in Canada, 207; - case of the Caroline, 208; - increase of votes in his favor over the first election, 208; - candidate for the Presidency, 203; - candidate for President, 723. - - _Vote_ on the hard money clause of the independent treasury bill, - 124; - do. on the bill, 125; - on Clay's substitute slavery resolution, 137; - on the rule relative to abolition petitions, 153; - on the Speaker, 161; - relative to distribution of the land revenue, 172; - on the repeal of the Sub-treasury, 220; - on the bankrupt bill, 229; - on the distribution bill, 245, 246; - on the hour rule in the House, 247; - on the bill for the relief of Mrs. Harrison, 259-262; - on the motion to repeal the pension act of 1837, 267; - on the action of the Administration in the McLeod affair, 291; - on making salt free, 316; on the vetoed bank bill, 328; - on the amendments to the second bill, 338, 339, 340; - on short exchange bills, 341; - on the resolutions of the Senate on the protest of Gen. Jackson as - applied to the protest of President Tyler, 419; - on the increase of the navy, 455; - on the Oregon settlement bill, 477; - on the motion to give notice to terminate the joint occupation of - Oregon, 625; - on the resolution admitting Texas, 635; - to terminate the joint occupation of Oregon, 674; - of the Senate on the request of the President, for advice relative - to Oregon, 676; - on the Oregon treaty, 676; - on Douglass's motion to extend the Missouri compromise line, 711; - on the resolution of Mr. Clay relative to New Mexico, 744; - on the admission of California, 769. - - - W - - WALKER, PERCY, on the disturbance in the Senate gallery, 352. - - WALKER, ROBERT J., Secretary of the Treasury, 650. - - _War with Mexico: its cause._--Calhoun the author of the war, 639; - the Senator from South Carolina in his effort to throw the blame - of the war upon the President, goes no further back in - search for causes than the march on the Rio Grande, 640; - the cession of Texas to Spain is the beginning point in the chain - of causes that led to this war, 640; - direct proofs of the Senator's authorship of the war, 641; - ten years ago he was for plunging us in instant war, 641; - the peace of the country was then saved, but it was a respite - only, 641; - Congress of 1836 would not admit Texas, 642; - the letter of the Texan minister reveals the true state of the - Texan question in January, 1844, and the conduct of all - parties in relation to it, 642; - the promise was clear and explicit to lend the army and navy to - the President of Texas to fight the Mexicans, while they - were at peace with us, 643; - detachments sent to the frontier, 643; - honor required us to fight for Texas if we intrigued her into a - war, 643; - the treaty of annexation was signed, and in signing it the - Secretary knew that he had made war with Mexico, 644; - the alternative resolutions adopted by Congress in the last days - of the session of 1844-45, and in the last moments of Mr. - Tyler's administration, 645; - instructions to newspapers, 647; - authorship of the war, 647; - further remarks, 649. - - Commencement of hostilities, 679; - effect of the hostilities, 679; - country fired for war, 679; - Calhoun opposed to the war, although his conduct had produced it, - 679; - claims upon Mexico and speculations in Texas land scrip were a - motive with some to urge on a war, 680; - it was said the war would close in ninety or one hundred and - twenty days, 680; - an intrigue laid for peace before the war was declared, 680; - the return of the exiled chief Santa Anna, 680; - a secret that leaked out, 680; - the manner, 680; - explanation of the President, 681; - two millions asked of Congress as a means to terminate the war, - 681; - extract from the confidential message, 681; - this intrigue for peace a part of the war, 682; - an infinitely silly conception, 682; - consequences of Santa Anna's return, 682. - - _Conquest of New Mexico._--Conquered without firing a gun, 683; - how it was done, 683; - details, 683; - the after-clap, 683; - cause and results of the insurrection, 683; - career of Magaffin, 683; - his services and final escape, 684; - his reward, and the manner of obtaining it, 684. - - _Doniphan's Expedition._--Address of Col. Benton to the returning - volunteers, 684; - the wonderful march, 685; - meeting and parting with savage tribes, 685; - the march upon Chihuahua, 685; - its capture, 686; - the starting point of a new expedition, 686; - the march to Monterey, 686; - the march to Matamoras, 687; - the expedition made without Government orders, 687; - advice of - Senator Benton to the President, 687; - not a regular bred officer among them, 688. - - Senator Benton looks over the President's message at the latter's - request, 693; - objects to the recommendation to cease the active prosecution of - the war, 693; - reasons of the objection, 693; - the project had been adopted in the cabinet, 693; - Mr. Benton meets with the cabinet, 693; - cabinet obstinate, 693; - the President overrules them, 693; - reading of the message in the Senate, 694; - Mr. Calhoun mystified, 694; - Mr. Calhoun's proposed line of occupation, 694. - - WEBSTER, DANIEL, his reception in New York, 12; - his speech at New York, 13; - on the Treasury note bill, 33; - on the deposit act, 36; - on bank resumption, 84; - Secretary of State, 209; - his letter to Senators Choate and Bates respecting President - Tyler's views of the second bank bill, 348; - reasons for not resigning his seat in President Tyler's Cabinet, - 356; - retires from Tyler's Cabinet, 562; - the progress of the scheme for the annexation of Texas, 562; - Webster an obstacle to the negotiation, 562; - a middle course fallen upon to get rid of him, 562; - resigns, 562; - on extending the constitution to territories, 730, 731; - Secretary of State, 768. - - WHITE, HUGH LAWSON, his resignation, 184; - occasion, 184; - birth and career, 184; - closing of his career, 184; - his death, 184; - eulogium, 185; - reason of his losing favor at home, 185; - influence upon Mrs. White, 185; - remark of a member of Congress, 185; - remarks, 185. - - _Whig._--Adoption of the name by a party in this country, 314; - manifesto against Mr. Tyler, 357. - - WICKLIFFE, CHARLES A., Postmaster, 356; - Postmaster General, 569. - - WILKINS, WILLIAM, Secretary at War, 569. - - WILLIAMS, LEWIS, decease of, 396; - character, 396; - Adams's motion of funeral honors to his memory, 396; - Clay's motion of funeral honors to his memory in the Senate, 396; - the father of the House, 397. - - WILLIAMS, RUEL, moves to repeal the pension act of 1837, 266. - - _Wilmot Proviso._--Measures taken to obtain peace with Mexico, 694; - three millions asked for to negotiate a boundary and acquire - additional territory, 694; - Wilmot proviso moved, 695; - an unnecessary measure, 695; - answer no purpose but to bring on a slavery agitation, 695; - seized upon by Mr. Calhoun, 695; - slavery agitation a game played by the abolitionists on one side, - and disunionists on the other, 695; - letter of Mr. Calhoun, 695; - proviso not passed, 696. - - WINTHROP, ROBERT C., chosen Speaker, 703; - raises the question of reception of the protest of Southern - Senators on the admission of California, 770. - - WISE, HENRY A., his nomination rejected in the Senate, 630. - - WOODBURY, LEVI, Secretary of the Treasury, 9; - on the bill for the relief of Mrs. Harrison, 260; - on naval expenditures, 454. - - WRIGHT, SILAS, a sacrifice of feeling to become Governor, 626; - refuses a seat in the Cabinet, 650. - - Decease of, 700; - its suddenness, 701; - his career of honor, 701; - his mind, 701; - his port in debate, 701; - his prominent trait, 701; - his candor, 701; - his integrity, 701; - temper, 702; - manners, 702; - mode of life, 702. - - - Y - - YOUNG, WILLIAM, on the nomination of Van Buren, 598. - - - - -_D. APPLETON & CO.'S PUBLICATIONS._ - - -=HISTORY OF THE FORMATION OF THE CONSTITUTION OF THE UNITED STATES -OF AMERICA.= By GEORGE BANCROFT. Uniform with, and a continuation -of, the author's "History of the United States." In 2 vols., 8vo, -$2.50 per vol. - - "The American Constitution is the most wonderful work ever - struck off, at a given time, by the brain and purpose of - man."--WILLIAM E. GLADSTONE. - - "Mr. George Bancroft, in his eighty-second year--an age which - few men reach, and at which few of those who do reach it - retain the disposition or the capacity for protracted literary - labor--sends out to the world a work which, in its clearness and - strength of diction, its breadth of scope, its wealth of fresh - material, and its philosophic grasp of events and their causes, - would have reflected honor upon his prime. 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