The main provisions of the bill are, that from and after the

thirty-first day of December, 1841, there shall be allowed and paid to

the states of Ohio, Indiana, Illinois, Alabama, Missouri, Mississippi,

Louisiana, Arkansas, and Michigan, over and above what each of the said

states is entitled to by the terms of the compacts entered into between

them and the United States upon their admission into the Union, the sum

of ten per cent. upon the net proceeds of the sales of the public lands,

which subsequent to the thirty-first day of December, 1841, shall be

made within the limits of the said states respectively; and that after

deducting the said ten per cent. and what by the before-mentioned

compacts has been allowed to the states aforesaid, the residue of the

net proceeds, after paying the expenses of the General Land Office,

the expenses of surveying, and selling the said lands, &c., shall be

divided among the twenty-six states of the Union, and the district

of Columbia, and the territories of Wisconsin, Iowa, and Florida,

according to their respective federal representative population, as

ascertained by the last census, to be applied by the legislatures of

the said states to such purposes as the said legislatures may direct;

the share of the district of Columbia, however, to be applied to free

schools, or education in some form, as Congress may direct. The net

proceeds of the said sales are to be paid to the agents of the states,

at the treasury of the United States, half yearly, that is, on the

first day of January, and the first day of July, in each year.

The act grants to each of the states to which the ten per cent.

distribution is to be made, five hundred thousand acres of land for

purposes of internal improvement; or in cases where such grants have

heretofore been made to any state, such number of acres as together

with the previous grants, shall amount to five hundred thousand acres.

The provisions of this act in regard to pre-emption, are, substantially,

that, with certain limitations, and restrictions provided in the act,

every person being the head of a family, or widow, or single man, over

the age of twenty-one years, and a citizen of the United States, or

having filed a declaration of an intention to become a citizen in

accordance with the naturalization laws, who since the first day of

June, 1840, has settled, or shall hereafter settle on the public lands,

may have the privilege of purchasing such land in which he has settled

or shall settle, not exceeding one hundred and sixty acres, on paying

to the United States the minimum price of such land.

The act is to continue in force until it shall be otherwise provided

by law, unless the United States shall become involved in war with any

foreign power, in which event, it is to be suspended during the war;

and if at any time during the existence of the act, there shall be an

imposition of duties on imports inconsistent with the provisions of the

revenue act of 1832, and other revenue laws, and beyond the twenty per

cent. duty on the value of the imports established by that act, in such

case, the act is to be suspended until this cause of suspension shall

be removed.

The duties on imports, having been constantly decreasing for several

years, in accordance with the provisions of the revenue act of 1832,

the revenue had at length become insufficient for the purposes of

the government. A bill, therefore, was passed by congress for the

imposition of duties of twenty per cent. on the value of all articles

of import not expressly excepted therein. It was to take effect on the

1st of October, 1841.

But the great measure of the extra session however, was the

establishment of a Bank of the United States. Whether there should be

such an institution in the country, existing by any law of congress,

had, indeed, been a great and exciting question for the twelve previous

years. Both General Jackson and Mr. Van Buren, and the party, which

they represented, were hostile to any such institution. During the

then recent presidential contest this question had been extensively

discussed, and the rival candidates, it was very well understood,

entertained opposite views on the subject. The election of Gen.

Harrison was considered, therefore, as an expression in favor of such

an institution, by that majority of the people, which elevated him

to the presidency; and the creation of such a bank, it was understood,

was among the weighty and important matters on account of which the

new President issued his proclamation for an extra session of congress.

President Tyler, too, in his message to congress, on the assembling,

seemed to join in the intimation before given by President Harrison,

that some suitable agency ought forthwith to be established, for the

purpose of collecting, keeping, and disbursing the public revenues.

Accordingly, soon after the opening of congress, a bill for the

establishment of a National Bank, prepared by the secretary of the

treasury, Mr. Ewing, was referred to a committee of the senate. This

bill being drawn up by a member of the cabinet, it was generally

supposed was in accordance with the views of the President, and

if passed, would receive his sanction.――The bill provided for the

establishment of a bank in the district of Columbia, to be termed, the

“Fiscal Bank of the United States,” with power to establish branches

in the states, with the consent of the states.――The committee of the

senate to whom the subject had been referred, after due deliberation,

reported a bill for the establishment of a Fiscal Bank, concurring in

the main with the bill framed by the secretary of the treasury, but

differing from it in one important feature, namely, in the power of the

parent bank to establish branches in the different states without their

assent. The charter of the bank of 1816 was assumed as the basis of the

bill. The parent bank was to be located at the city of Washington, and

to be under the control of nine directors, to be appointed annually,

and to receive an annual stipend for their services, but not to be

allowed any accommodation from the bank, in the shape of loans or

discounts. The parent bank was to make no loans or discounts except

to the United States government, and to that, only such as should be

authorized by law. The capital stock of the bank was to be the sum of

thirty millions of dollars; congress retaining the power to increase it

to fifty millions. The dividends were to be limited to seven per cent.

on the capital stock, the excess over that sum to be reserved until it

should constitute a fund of two millions of dollars to be appropriated

to the purpose of making good any losses which might be sustained, and

the excess beyond that sum of two millions to be paid into the United

States treasury. The directors were to have power to establish branches

in the different states, and to commit the management of them to such

persons as they should see fit. Foreigners were prohibited from holding

any part of the capital stock. The United States were to subscribe for

one-sixth part of the shares, and the individual states were also to

be allowed to subscribe. Such were the main features of the bill as

reported by the committee of the senate.

This bill, on being reported to the senate, encountered strenuous

opposition from the anti-administration senators, who used all their

efforts and skill, first to render it a nullity by means of different

amendments which they proposed, and finally to destroy it altogether.

The great advocate of the bill was the chairman of the committee who

reported it, the Hon. Henry Clay. The most serious opposition to it

came in the shape of an amendment, prepared by the Hon. Wm. C. Rives,

of Virginia. This senator, perceiving in the bill what he deemed

an infringement upon the rights of the states, reserved to them by

the constitution, moved so to amend it, that no branches should be

established in the states without the assent of their legislatures;

branches being once established, however, not to be withdrawn without

the assent of congress. This amendment was regarded by Mr. Clay and

those who acted with him, as calculated to affect the bill in a vital

part, and was strenuously resisted. After considerable debate, however,

and a calculation of the probable chances of its passage unless some

concession were made to the views of the friends of state-rights, Mr.

Clay consented to a compromise, and the bill was so modified as to give

the parent bank power to establish branches in such states as should

not at the first session of their legislature, holden after its passage,

express their dissent, and to make it imperative on the directors to

establish a branch in any state in which two thousand shares should

have been subscribed, or should be holden, whenever upon application of

the legislature of such state congress should by law require the same.

In case the legislature of any state should express neither assent

nor dissent, its assent was to be presumed; and it was to be the duty

of the directors to establish branches in the states, at all events,

whether with the assent of the states or against their dissent, in

case congress should by law so direct, for the purpose of carrying into

effect any of their constitutional powers.

With this amendment, and some others of less importance, the bill

finally passed the senate, and in a few days thereafter the house of

representatives, and was presented to the President for his approval.

The President, after retaining the bill in his hands until the

constitutional period of ten days, allowed him for the purpose of

consideration, had nearly expired, and during which time the whole

country was awaiting his decision with the most anxious solicitude, at

last, on the 16th of August, returned it to the senate with his veto.

In his assigning his reasons for such a measure, the President says,

“the power of congress to create a National Bank to operate _per

se_ over the Union has been a question of dispute from the origin

of the government. Men most justly and deservedly esteemed for their

high intellectual endowments, their virtue, and their patriotism,

have in regard to it, entertained different and conflicting opinions.

Congresses have differed. The approval of one President has been

followed by the disapproval of another. The people at different times

have acquiesced in decisions both for and against. The country has

been and still is agitated by this unsettled question. It will suffice

for me to say, that my own opinion has been uniformly proclaimed to

be against the exercise of any such power by this government. On all

suitable occasions, during a period of twenty-five years, the opinion

thus entertained has been unreservedly expressed.”

This exercise of the veto power by the President, produced a great

sensation both in congress and elsewhere throughout the country. With

the political friends of the President, that is, with those to whom

he owed his elevation to power, it was generally a subject of extreme

regret; and it was even rumored that, in consequence of the veto, the

cabinet would be dissolved, and an open separation would ensue between

the President and the whig party. By the anti-administration party, on

the other hand, the veto was hailed with joy, and the President, it was

said, had saved his country. The message, however, met with a milder

reception from the dominant party in congress than had generally been

anticipated. The President seemed to be generally regarded as honest

in his convictions and conscientious in his scruples, and a desire was

soon manifested, on the part of those whose views differed from his,

to have a new bill introduced into congress which should be free from

what the President regarded as constitutional objections. The reasoning

of the President in regard to the bill which he had returned, seemed

to be directed mainly against the power to discount, and the power to

establish offices of discount in the different states. In regard to the

power to deal in exchanges, he expressed himself with more favor, and

it was pretty generally inferred by those who read the message, that he

would not disapprove a bill to establish a bank whose object should be

to deal in exchanges. Accordingly, in a few days after the reception

of the veto, a bill to establish such a bank under the title of the

“Fiscal Corporation of the United States,” was introduced into the

house of representatives, by the Hon. John Sergeant, of Pennsylvania,

soon passed, sent to the senate, there confirmed, and transmitted to

the President for his signature. This bill, it was supposed, had been

drawn up by those well acquainted with the President’s views, and

in such a manner that he would surely give it his sanction. It was

supposed that the party in power would not hazard a second experiment

of the kind without having satisfactorily ascertained that such was the

fact. But rumor soon began to whisper, that this bill also was to meet

the fate of its predecessor. Nothing, however, was definitely known

on the subject, until the 9th of September, when the President fully

confirmed all that rumor had said, by returning the bill to the house

of representatives with his _veto_.

This was a result sufficiently mortifying to the party, which had

contributed to the election of Mr. Tyler as the associate of the

lamented Harrison, and tended, in no small degree, to weaken the

confidence which that party had reposed in him. From this time, it was

obvious, that the President and his former political friends could no

longer act in concert.

On the 13th of September, congress adjourned. Two days before, the

whig members of the senate and of the house of representatives held a

meeting in the city of Washington, at which it was resolved to publish

an address to the people of the United States, containing a succinct

exposition of the prominent proceedings of the extra session.

In that address, after speaking of the repeal of the sub-treasury

law――the enactment of the land bill――and the passage of the bankrupt

act――on account of which, considering their importance, they might

well congratulate themselves and the country――they proceeded to profess

their “profound and poignant regret,” that they had been defeated in

two attempts to create a fiscal agent, of the necessity and importance

of which they had satisfactory proof. “Twice have we,” said they, “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 scruples as to his duty, in the

case presented.” In another part of that address they say, “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 us again to

rely upon that high patriotism, which, for twelve years, sustained

us in a conflict of unequal asperity, and which finally brought us to

the fulfilment of those brilliant hopes which he had done so much to

destroy.”

The dissatisfaction thus manifested by the dominant party in congress

soon extended itself to the cabinet of the President, which, in less

than a week following the second veto of the President, was dissolved;

the different members, with the exception of the secretary of state,

resigning their places. The reasons for this step were given in detail,

in a letter addressed to the President by Mr. Ewing, the secretary

of the treasury, and published in the public journals. These reasons

mainly referred to the exercise of the veto power by the President,

and more especially to the course which Mr. Ewing stated the President

had pursued in relation to the bill for the establishment of a fiscal

corporation. This bill, Mr. Ewing says, was drawn up at the President’s

request, considered and approved by him, and at his instance introduced

into congress. On the resignation of his cabinet, the President

nominated the following gentlemen to fill their places, viz.: Walter

Forward, of Pennsylvania, secretary of the treasury; John M’Lean, of

Ohio, secretary of war; Abel P. Upshur, of Virginia, secretary of the

navy; Hugh S. Legare, of South Carolina, attorney-general; and Charles

A. Wickliffe, of Kentucky, postmaster-general; which nominations the

senate confirmed.

It may be here added, that great surprise was manifested, and deep

regret expressed, that Mr. Webster, the secretary of state, still

continued to occupy his place in the cabinet. His political friends,

while they believed he was actuated by pure and patriotic motives,

would have been better pleased, had he by resignation borne signal

testimony against a course pursued by the President, subversive of

some of the most favorite measures of the party, which had elevated him

to the high office he held. The continuance of Mr. Webster in office

proved, however, of signal advantage to the country, as through his

instrumentality, more than that of any other man, that long agitated

and most vexatious question, relative to the north-eastern boundary,

was settled to the satisfaction of both the governments, interested

therein.

On the 6th of December following, the twenty-seventh congress commenced

its second session. In his message on the following day, the President

adverted to several topics of national interest――the principal of which

were our relations with Great Britain――the Florida war――the census――the

tariff――and the adoption of some plan for the safe-keeping of the

public funds.

Great Britain had made known to this government, the President

said, that the expedition, which was fitted out from Canada for the

destruction of the steamboat Caroline, in the winter of 1837, and

which had resulted in the destruction of said boat, and the death

of an American citizen, was undertaken by order from the authorities

of the British government; and that if Alexander M’Leod, a British

subject, indicted for that murder, was engaged in that expedition,

that government demanded his release, on the ground that he was acting

under orders of the government. Fortunately for the peace of the two

countries, before this demand was made, M’Leod had been tried in the

state of New York and acquitted. The affair of the Caroline, however,

remained unadjusted; and, having now been publicly sanctioned by the

British government, it would become a matter of grave negotiation with

that government.

The war with the Indian tribes on the peninsula of Florida during the

summer and fall, had been prosecuted with untiring activity and zeal.

In despite of the sickness incident to the climate, our troops had

penetrated the fastnesses of the Indians, broken up their encampments,

and harassed them exceedingly.

The census for 1840, had been completed, and exhibited a grand total of

17,069,453; making an increase over the census of 1830, of 4,202,646,

and showing a gain in a ratio exceeding thirty-two and a half per cent.,

for the last ten years.

Apprehending that a revision of the tariff might be deemed necessary,

the President expressed a wish, that in that case, moderate counsels

might prevail. In regard to discrimination as to articles, on which a

duty might be laid, he admitted that so long as reference was had to

revenue to the wants of the treasury, no well founded objection could

exist against such discrimination, although by that means incidental

protection should be furnished to manufactures. It might, however,

he said, be esteemed desirable that no such augmentation of the taxes

should take place, as would have the effect of annulling the land

proceeds distribution act of the last session, which act is declared

to be in operation the moment the duties are increased beyond twenty

per cent., the maximum rate established by the compromise act.

Next, he adverted to a pledge, which he had given at a former day,

to suggest a plan for the control and safe-keeping of the public

funds. “This plan contemplates,” said he, “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 creditors, of treasury notes, in lieu

of gold and silver. It proposes to limit the issues to an amount

not to exceed 15,000,000 dollars――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

of 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 the government

purposes exclusively, is only to be exerted upon express condition,

that its exercise shall not be prohibited by the state in which the

agency is situated.

“In order to cover the expenses incident to the plan, it will be

authorized to receive moderate premiums for certificates issued on

deposits, and on bills bought and sold, and thus, as far as its

dealings extend, to furnish facilities to commercial intercourse at the

lowest possible rates, and to subduct from the earnings of industry,

the least possible sum. It uses the state banks at a distance from the

agencies as auxiliaries, without imparting any power to trade in its

name. It is subjected to such guards and restraints as appear to be

necessary. It is the creature of law, and exists only at the pleasure

of the legislature. It is made to rest on an actual specie basis, in

order to redeem the notes at the places of issue――produces no dangerous

redundancy of circulation――affords no temptation to speculation――is

attended by no inflation of prices――is equable in its operation――makes

the treasury notes, which it may use along with the certificates of

deposit, and the notes of specie paying banks――convertible at the place

where collected, receivable in payment of government dues――and, without

violating any principle of the Constitution, affords the government and

the people such facilities as are called for by the wants of both. Such,

it has appeared to me, are its recommendations, and in view of them it

will be submitted, whenever you require it, to your consideration.”

Among the measures adopted by the second session of the twenty-fifth

congress, the first we shall notice was an act for apportioning the

representatives, among the several states according to the fourth

census. Several different ratios were proposed, but at length the

number of one representative for every 50,179 was adopted by the

house. This number was changed in the senate for 70,680; and after a

long discussion in the house, the amendment was agreed to. A further

amendment was also concurred in, viz., that each state having a

fraction greater than a moiety of the said ratio should be entitled

to an additional representative. This act received the approval

and signature of the President on the twenty-fifth of June. But

accompanying the message, announcing that approval, was an intimation

that he had caused the act to be deposited in the office of the

secretary of state, accompanied by an exposition of his reasons for

giving it his sanction. Such a course on the part of a president, being

unprecedented, a resolution was adopted, calling on the secretary for

an authenticated copy of those reasons.

When furnished, it appeared that the chief objection which the

President had to the bill, was its mandatory requisition upon the

states to form districts for the choice of representatives to congress,

in single districts. Of the constitutional power of congress in this

respect, as well as in regard to the policy of the act, he had serious

doubts; but he had signed the bill “from respect to the declared will

of the two houses.”

The course thus taken by the President, in depositing this act, with

his reasons, in the office of the secretary of state, being entirely

novel, and in the view of many highly exceptionable, the subject was

referred to a committee, who submitted a long report, in which they

said, “the committee consider the act of the President, notified by

him to the house of representatives, in his message of the 23d ult.,

as unauthorized by the constitution and laws of the United States,

pernicious in its immediate operation, and imminently dangerous in

its tendencies. They believe it to be the duty of the house to protest

against it, and to place upon their journal an earnest remonstrance

against its ever being again repeated.”

On the 31st of March, 1842, an interesting scene transpired in the

Senate. This was the withdrawal of Mr. Clay from his senatorial office,

to private life, after a continuous service of nearly thirty-six years

in the public councils, in conformity to a letter of resignation, which,

on the 16th of February, he had addressed to the general assembly of

Kentucky. Previously to retiring, Mr. Clay made use of the occasion of

presenting the credentials of his appointed successor, to address to

the senate some valedictory remarks, in which he touched briefly and

successively on the high constitutional attributes and character of the

senate, on his long service in that and other departments of the public

service, on the state of public affairs, with some references personal

to himself. This address, delivered with unusual earnestness and depth

of intonation, was received by the senate, and an immense concourse of

auditors, with deep silence and the most profound attention. As it was

an event, and a moment calculated to fill the veteran statesman with

emotion, it was one which imparted a sympathetic interest to the public;

and, in the expectation and hope of hearing again, and for the last

time, the manly tones of that voice which had so often thrilled every

heart with delight and admiration, the chamber and galleries were early

filled with an eager and anxious auditory of both sexes. Seldom have

the anticipations of any assemblage in the capitol been more richly

realized, or their sensibilities more profoundly excited. The scene

was indeed most impressive, and will never be forgotten by any of the

thousand individuals who witnessed it. At one moment, when the orator

approached the theme of his gratitude to the noble state, which had so

long honored and cherished him, when his utterance was choked, and his

voice failed, and he paused to wipe the tears from his eyes, it is

believed there were few other eyes present which remained dry.

In the course of his valedictory, he said: “I go from this place

under the hope that we shall mutually consign to perpetual oblivion,

whatever personal collisions may at any time unfortunately have

occurred between us; and that our recollections shall dwell in future

only on those conflicts of mind with mind, those intellectual struggles,

those noble exhibitions of the powers of logic, argument, and eloquence,

honorable to the senate, and to the nation, in which each has sought

and contended for what he deemed the best mode of accomplishing one

common object, the interest and the most happiness of our beloved

country. To these thrilling and delightful scenes, it will be my

pleasure and my pride to look back in my retirement with unmeasured

satisfaction.”

In conclusion, he added: “In retiring as I am about to do, for ever

from the senate, suffer me to express my heartfelt wishes that all the

great and patriotic objects of the wise framers of our constitution

may be fulfilled; that the high destiny designed for it, may be fully

answered; and that its deliberations, now and hereafter, may eventuate

in securing the prosperity of our beloved country, in maintaining its

rights and honors abroad, and upholding its interests at home. I retire,

I know, at a period of infinite distress and embarrassment. I wish I

could take my leave of you under more favorable auspices; but, without

meaning at this time to say whether on any, or on whom reproaches

for the sad condition of the country should fall, I appeal to the

senate and to the world to bear testimony to my earnest and continued

exertions to avert it, and to the truth that no blame can justly attach

to me.

“May the most precious blessings of Heaven rest upon the whole senate,

and each member of it, and may the labours of every one redound to the

benefit of the nation, and the advancement of his own fame and renown.

And when you shall return to the bosom of your constituents, may you

receive that most cheering and gratifying of all human rewards――their

cordial greeting of ‘Well done, good and faithful servant.’

“And now, Mr. President, and senators, I bid you a long, a lasting, and

a friendly farewell.”

During the month of June, 1842, the Exploring Expedition returned

to the United States, having been absent three years and ten months,

and having sailed nearly 90,000 miles. The vessels attached to this

expedition left the Capes of the Chesapeake, August 19th, 1838, and

sailed for Rio Janeiro, whence, on the 6th of January, 1839, they

sailed for the north of Patagonia, and thence to Nassau Bay, in Terra

del Fuego. The Peacock, Porpoise, and two schooners thence made cruises

towards the pole; but as the season was far advanced, they did not

quite reach the highest latitude attained by Cook. The Vincennes

remained at Nassau Bay to carry on surveys, and magnetic observations.

In May, the vessels were again together at Valparaiso, and in July

they left the South American coast, and after surveying fourteen or

fifteen of the Pawmotee Islands, two of the Society Islands, and all

the Navigator’s group, on the 28th of November, they reached Sidney,

in New South Wales. On their second antarctic cruise, land was first

discovered in longitude 160 degrees east, and latitude 66 degrees,

30 minutes south. The Vincennes and Porpoise pursued the barrier of ice

to the westward, as far as 97 degrees east longitude, seeing the land

at intervals for fifteen hundred miles. They could not land, however,

though many specimens of rocks were collected and brought home. On the

24th of April, the vessels proceeded to the Feejees, where nearly four

months were occupied in surveys and scientific observations. They next

visited the Sandwich Islands――the Vincennes spending the winter at

the group. The Peacock and Flying Fish were cruising in the equatorial

regions of the Pacific, visiting and making charts of the various

groups of islands scattered throughout the seas. In the spring of

1841, the Vincennes and Porpoise were on the coast of Oregon, where

the former was wrecked. They made several land expeditions into the

interior, of from five hundred to a thousand miles each, and one of

eight hundred miles to San Francisco, in California. The vessels left

California in November, 1841; and, after touching at the Sandwich

Islands, and visiting Manilla, Singapore, and the Cape of Good Hope,

reached New York as above stated.

During their absence, they surveyed nearly two hundred and eighty

different islands, besides eight hundred miles in Oregon, and one

thousand, five hundred miles along the icy barrier of the antarctic

continent. The number of sketches of natural scenery brought home,

were about five hundred; the number of portraits about two hundred. Of

birds about one thousand species, and twice that number of specimens

were collected; besides great numbers of fishes, reptiles, insects,

shells, &c. This expedition was fitted out at a great expense, and its

results have proved highly honorable to the nation which projected, and

the officers who executed it. Several volumes containing a history of

the expedition, with its discoveries, scientific researches, &c., have

been published, at the national expense.

On the 20th of August, 1842, an important treaty with England, the

first it is believed ever negotiated with that power in the United

States, was ratified by the senate, by a vote of 39 to 9. By this

treaty, the north-eastern boundary between the United States and Great

Britain was settled. For nearly half a century, this question had

agitated both countries; and while the question had thus remained

unsettled, events were frequently occurring to create new difficulties

in reference to it, until, at length, such was the sensitiveness of

parties interested, it was perceived that the controversy must be

settled, and that, too, in a spirit of conciliation and compromise,

or the countries might find themselves, ere long, involved in war. But

in this state of things, the English ministry resolved to gratify at

once their sense of the importance of immediate adjustment, and their

respect for the government of the United States, by sending a special

and extraordinary mission. For this work of reconciliation, they

selected Lord Ashburton, a gentleman fully acquainted, for many years,

with affairs between his own country and ours; and who was ready to sit

down to existing topics in a business-like way, to treat them frankly

and fairly, and to remove all obstacles, as far as he was able. He is

reported to have said of himself, “I came not to make difficulty, but

to make a treaty.” Fortunately for the country, at this most important

juncture, Mr. Webster was still in the cabinet. Perhaps no other

citizen in the United States was so competent to negotiate on this

confessedly important, but difficult subject. The President also

manifested a sincere desire to arrange the questions in difference

between the United States and England, in a manner honorable and

satisfactory. As the states of Massachusetts and Maine were interested

in the divisional or boundary line, which should be agreed upon,

commissioners were appointed by the legislature of those states,

to protect their respective interests――on the part of Maine, EDWARD

KAVANAUGH, EDWARD KENT, N. P. PREBLE, and JOHN OTIS; on the part of

Massachusetts, ABBOT LAWRENCE, JOHN MILLS, and CHARLES ALLEN.

By the first article of this treaty, the north-eastern boundary line

is defined and established. “It is hereby agreed and declared, that

the line of boundary shall be as follows:――Beginning at the monument

at the source of the river St. Croix, as designated and agreed to by

the commissioners under the 5th article in the treaty of 1794, between

the governments of the United States and Great Britain; thence, north,

following the exploring line run and marked by the surveyors of the two

governments, in the years 1817 and 1818, under the 5th article of the

treaty of Ghent, to its intersection with the river St. John, and to

the middle of the channel thereof; thence, up the middle of the main

channel of said river St. John, to the mouth of the river St. Francis;

thence up the middle of the main channel of said river St. Francis,

and of the lakes through which it flows, to the outlet of the lake

Pohenagamook; thence, south-westerly, in a straight line, to a point on

the north-west branch of the river St. John, which point shall be ten

miles distant from the main branch of the St. John, in a straight line,

and in the nearest direction; but if said point shall be found to be

less than seven miles from the nearest point of the summit or crest of

the highlands that divide those rivers, which empty themselves into the

river St. Lawrence, from those which fall into the river St. John, then

the said point shall be made to recede down the said north-west branch

of the river St. John, to a point seven miles in a straight line from

the said summit or crest; thence, in a straight line, in a course about

south eight degrees west, to the point where the parallel of latitude

of 46 degrees, 25 minutes north, intersects the south-west branch of

the St. John; thence, southerly, by the said branch, to the source

thereof in the highlands, at the Metjarmette portage; thence, down

along the said highlands which divide the waters which empty themselves

into the river St. Lawrence, from those which fall into the Atlantic

ocean, to the head of Hall’s stream; thence, down the middle of said

stream, till the line thus run intersects the old line of boundary

surveyed and marked by Valentine and Collins, previously to the year

1774, as the 45th degree of north latitude, and which has been known

and understood to be the line of actual division between the states of

New York and Vermont on one side, and the British province of Canada on

the other; and, from said point of intersection, west along the said

dividing line as heretofore known and understood, to the Iroquois or

St. Lawrence river.”

It was also stipulated that each country should maintain on the coast

of Africa, a naval force of vessels sufficient to carry in all not

less than eighty guns, to be independent of each other, but to act

in concert and co-operation, for the suppression of the slave trade.

By the 10th article, it was stipulated that fugitives from justice

found in either country should be delivered up by the two governments

respectively upon complaint and upon what should be deemed sufficient

evidence to sustain the charge.

On the 10th of November, 1842, the President issued his proclamation,

announcing the ratification of the treaty, and the exchange of

ratifications between the two governments, which was done at London on

the 13th of October, 1842, by Mr. Everett and the Earl of Aberdeen.

Thus was settled a controversy, which for half a century had disturbed

the harmony of the two governments――which had given birth to frequent

disturbances, within and in the neighborhood of the disputed territory,

and which as the controversy remained unsettled, was becoming more

perplexed and intricate, and every year more likely to engender

hostilities between the two nations.

Among the measures of a public nature, which occupied the attention of

the 2d session of the 27th congress, no one excited more interest than

the revision of the tariff. The government was in debt, and its credit

in the wane. Authorized loans could not be negotiated. The revenue was

falling off. The manufacturing interests were suffering; all branches

of industry were drooping. Said the Committee, to whom the subject

was referred, in their report, “A well regulated tariff, on a scale

sufficient for the wants of the government is the only effectual remedy

for the evils the government and the people are now suffering. It will

inspire confidence throughout the country. It will again set every

wheel in motion. It will improve and enlarge the currency. It will send

out its life, giving influence to the extremity of the nation, and give

vigor and activity to the whole system. It will (and nothing else will)

restore credit to the country. The people of this country know that

our resources are abundant. Let them but see that congress has provided

a proper revenue, and has done it in such a manner, as at the same

time to encourage and protect their own protective industry in all its

branches, whether it relates to commerce, agriculture, manufactures,

or the mechanic arts, throughout the broad extent of our lands, and the

credit of the government will commence at once, and receive all the aid

it may need.”

In accordance with these views, a bill was reported by the above

committee, providing, 1st, a general ad valorem duty of 30 per cent.

with free exceptions, where the duty was on that principle. 2. A

discrimination was made for the security of such interests as could

not be preserved without it, as well as for revenue, by specific duties

on valuations, some higher, and some lower than the general ad valorem

duty.

This measure was powerfully sustained by the friends of the

manufacturing interests in the country. But it met with great

opposition. Every inch was contested. Great excitement prevailed, both

in and out of congress. Parties were nearly equally balanced on the

question; and, for a time, serious apprehensions were entertained as to

its fate. But, at length, (July 16th,) the bill passed――in the house,

by a vote of 116 to 112,――in the senate, (August 5th,) by a vote of

25 to 23.

Thus was decided, a question, which, in the view of many, was of

incalculable importance to the country; one, certainly, which had

interested all hearts, and had given birth to debates, as warm and

animated, as any which had been listened to for years. All eyes were

now turned towards the Executive, upon whom devolved the fearful

responsibility of approving or rejecting it.

In a few days, the decision of the President was communicated to

congress――he had _rejected it_――had added another _veto_ to those which

had already filled his friends with surprise and regret.

At the opening of the extra session of congress, the President had

himself recommended a distribution of the proceeds of the public lands

among the states; and an act was accordingly passed to that effect;

but it ordained “that if at any time, during the existence of that act

there should be an imposition of duties or imposts, inconsistent with

the provision of the act of the 2d of March, 1833, and beyond the rate

of duties fixed by that act, to wit., 20 per cent. on the value of such

imposts, or any of them, then the distribution should be suspended, and

should continue so suspended, until the cause should be removed.” The

bill now presented to the President for his consideration provided,

that notwithstanding the duties were raised beyond 20 per cent., the

distribution should be made. On this ground principally the veto was

based.

The friends of a judicious tariff were thus placed in a most

embarrassing situation. It had been their intention to adjourn soon

after the passage of this important measure; but, under this unexpected

defeat and embarrassment, what should they do? Not a few were for

closing the session, and placing the responsibility upon the President.

But the country was suffering; the credit of the government was sinking

lower and lower. Something must be done. Another effort must be put

forth. Sacrifice must be made.

While the judicious and patriotic men in congress were thus

deliberating as to the path of duty, a committee of the house, at the

head of which was Mr. Adams, to whom the veto message of the President

had been referred, reported. After reviewing the course which the

Executive had pursued――his repeated attempts to frustrate the action

of congress by the exercise of the veto――“that regal power of the

constitution,” they observed; “the whole legislative power of the Union

has been for the last fifteen months, with regard to the action of

congress, upon measures of vital importance, in a state of suspended

animation, strangled by the five repeated strictures of the executive

cord.” “The will of one man has frustrated all the labours of congress,

and prostrated all their powers.” “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.” In such terms, did the committee speak

of the alarming and unreasonable exercise of the veto power by the

President. Two counter reports were made by members of the committee,

who dissented from the report.

On the 17th of August, the house passed upon the tariff bill returned

by the President. The vote stood 96 to 87――two thirds not voting in the

affirmative, as required by the constitution, the bill was rejected.

On the 22d of August, the same revenue bill, which had been vetoed by

the President, was passed by the house, 105 to 102, with the exception

of the section concerning the land fund, and the duties upon the

articles of tea and coffee, which were omitted. “We do not remember

ever to have witnessed, during thirty-five years attendance at the

house of representatives,” said the editor of the Intelligencer, “a

more exciting scene, a severer contest, a greater earnestness and self

devotion, than characterized the proceedings and votes on this bill.”

Many were reluctant to strike out the land clause, and thus yield

to what they considered prejudice and obstinacy on the part of the

President――but the exigencies of the country demanded the sacrifice

at their hands, and in the spirit of patriotism they made it.

On the 27th of August, the bill with amendments passed the senate

by the close vote of 24 to 23, and on the 29th these amendments were

concurred in by the house; and the bill, soon after, received the

signature of the President, and became a law of the land.

The report of the committee on the veto of the President of the

revenue bill has already been noticed. Against this report, the

President on the 30th of August entered his solemn protest, transmitted

to the house in a special message. “I protest,” said he, “against this

whole proceeding of the house of representatives, as _ex parte_ and

_extra judicial_. I protest against it, as subversive of the common

right of all citizens to be condemned only upon a fair and impartial

trial, according to law and evidence before the country. I protest

against it as destructive of all the comity of intercourse between the

departments of this government, and destined, sooner or later, to lead

to conflict fatal to the peace of the country, and the integrity of the

constitution. I protest against it in the name of that constitution,

which is not only my own shield of protection and defence, but that of

every American citizen. I protest against it in the name of the people,

by whose will I stand where I do, and by whose authority I exercise

the power which I am charged with having usurped, and to whom I am

responsible for a firm and faithful discharge, according to my own

convictions of duty, of the high stewardship confided to me by them. I

protest against it in the name of all regulated liberty and all limited

government, as a proceeding tending to the utter destruction of all

checks and balances of the constitution. And I respectfully ask that

this, my protest, may be entered upon the journal of the house of

representatives, as a solemn and formal declaration, for all time to

come, of the injustice and unconstitutionality of such a proceeding.”

On receiving this protest, the house passed these resolutions. 1. That

the President had no right to make a formal protest against votes and

proceedings of this house, declaring such votes and proceedings to be

illegal and unconstitutional, and requesting the house to enter such

protest on its journal. 2. That the aforesaid protest is a breach of

the privileges of the house, and that it be not entered on the journal.

3. That the President of the United States has no right to send a

protest to this house against any of its proceedings.

On the 31st of August, the 2d session of the 27th congress was

terminated. It will be memorable in the history of the country for

the length and arduousness of its labours, the obstacles which it

encountered in the path of its duty, and the variety and importance

of the legislation which it accomplished in despite of all the

difficulties thrown in its way.

It was the longest session ever held under the government; extending

through a period of 269 days. The session next to this in length was

the second under Mr. Van Buren, which lasted 229 days. At this latter

session the reports made were 716; bills reported, 524; bills passed by

the house, 211. By the former, reports made, 1098; bills reported, 610;

bills passed, 299.

The third session of the 27th congress commenced on the 5th day

of December, 1842. In his message transmitted to congress two days

after, there being no quorum in the senate earlier, the President

represented the foreign relations of the country as in general amicable.

The late treaty with Great Britain was cause of congratulation, as

thereby it was to be hoped the good understanding existing between

the two governments would be preserved for an indefinite period.

Some misunderstanding had arisen in regard to the 10th article,

which related to the suppression of the slave trade. A practice had

threatened to grow up on the part of British cruisers, of subjecting to

visitation ships sailing under the American flag. This was regarded as

in fact a right of search, which would not be tolerated, and such had

been the representation of the Executive to the British government. The

President expressed his regret, that the treaty had not also embraced

the Oregon Territory――but he indulged the hope that an early settlement

of the question of title to this portion of the continent would remove

all grounds of future collision between the two governments.

The vexatious, harassing, and expensive war which so long prevailed

with the Indian tribes inhabiting the peninsula of Florida, had

been terminated; the army was relieved from a service of the most

disagreeable character; and the treasury of a large expenditure. Only

such a number of troops would be continued there as were necessary to

preserve peace.

The President again urged upon congress his plan of an exchequer,

which at the late session had received no favour. In conclusion, he

recommended a reimbursement of a fine imposed on General Jackson at

New Orleans, at the time of the attack and defence of that city.

On the 9th of January, 1843, the committee of ways and means to whom

had been referred the plan of the President of an exchequer, reported

adversely thereto; and on the 27th this report was accepted, and the

resolution accompanying it adopted by the strong vote of 193 to 18.

The resolution was, that the plan presented to congress of an exchequer

ought not to pass.

Among the important acts passed at this session was one for the repeal

of the bankrupt law.

On the 13th of December, 1842, a bill was introduced into the house for

the repeal of the bankrupt law passed on the 19th of August, 1841. On

the 16th of January, 1843, the bill passed the house by a vote of 140

to 71. The question on its repeal was taken in the senate February 25th,

1843, and the repeal passed by a majority of 32 to 13. It was provided

in the bill that the act should not affect any case or proceeding in

bankruptcy commenced before the passage of this act, or any pains,

penalties, or forfeitures incurred under the said act; but every such

proceeding may be continued to its final consummation in like manner,

as if this act had not been passed. At the time of the passage of the

original act, there existed a strong sentiment in its favour throughout

the country. Such a system had been called for for years――such a

measure it was supposed would relieve many unfortunate debtors, who,

but for such relief, would find no opportunity, and possess no ambition

to attempt to retrieve their fortunes. It was urged also for the

continuance of the act, that if harm had resulted from it, the harm

was not likely to continue. The dishonest had received its benefit――the

mass of insolvency had been swept away by the law already in force. A

fair field was open for amendments to the law if found objectionable;

and amended as it might be, it would operate for the benefit of the

creditor more than the debtor. Besides, it was hardly to be hoped that

the present generation would see another law in force, should this

be repealed. Such were some of the considerations urged in favour of

continuing the law. But a great change had been effected in public

opinion throughout the country, and not a few of the members of

congress, who had originally urged the passage of the act, and were

firm in their belief that its operation would be beneficial, now voted

for its repeal.

On the 1st of March, Mr. Forward resigned the office of secretary of

the treasury, and John C. Spencer, then secretary of war, was soon

after nominated to fill his place. His confirmation passed the senate

by a majority of one.

On the 3d of March, an act was approved by the President for promoting

the means of future intercourse between the United States and the

government of China. By this act 40,000 dollars were placed at the

disposal of the President to enable him to establish commercial

relations with China. Under this act, Edward Everett, then minister

and envoy extraordinary to England, was nominated and confirmed as

commissioner. It may be here added, that Mr. Everett declining this

honor, Caleb Cushing, of Newburyport, Massachusetts, was appointed to

take his place, and John Tyler, son of the President, was appointed his

private and confidential secretary. Fletcher Webster of Boston acted as

secretary of the mission.

At the above date (March 3d) the President approved of another

important act, viz., to provide for carrying into effect the treaty

between the United States and Great Britain, concluded at Washington,

August 9th, 1842. By this act, 300,000 dollars were to be paid in equal

moieties to Maine and Massachusetts. Also the President was authorized

to employ so much of the naval force as was requisite to fulfil the 8th

article relating to the suppression of the slave trade.

The third session of the 27th congress closed on the 3d of March, 1843.

Several important bills failed, among which may be mentioned a bill

to reduce the postage on letters――a bill to authorize the adoption of

measures for the occupation and settlement of the Oregon Territory, and

for extending certain laws of the United States over the same――and a

bill for the relief of Andrew Jackson.

On the 8th of May, Daniel Webster having accomplished the great object

for which he retained his place in the cabinet, when his associates

resigned, viz., the settlement of the north-eastern boundary between

the United States and Great Britain, resigned the office of secretary

of state, and Hugh S. Legare, attorney-general of the United States,

was appointed temporarily to fill that office.

On the 8th of June, the President, accompanied by the secretary of the

treasury and the postmaster-general, left Washington, for a visit to

Boston to attend the celebration of the completion of the Bunker Hill

Monument. During his progress, he was received with the honors due to

the chief magistrate of a great and powerful nation. The celebration

took place on the 17th. An oration was pronounced by Daniel Webster,

commemorative of the great events by which our country had arisen to

its exalted station, and of the virtues of those noble men who laid the

foundation of our civil and religious institutions. It was a grand and

imposing scene. Thousands were gathered to the spot once moistened by

the blood of patriots; and grateful homage went up to Him, under whose

fostering care the nation enjoyed a measure of prosperity unknown to

any other nation on the globe.

But scarcely were the festivities of the occasion ended, when

the melancholy intelligence was circulated that Mr. Legare, the

attorney-general, and acting secretary of state, had suddenly deceased

at his lodgings in Boston. He had followed the President to mingle in

the joys of the occasion, but sickness fell upon him, and in a brief

space he was numbered with the dead. He sustained the reputation of a

man of rare endowments――of great requisitions, and exalted character.

In consequence of this death, the President and suite soon returned to

the seat of government.

On the 8th of July, 1843, the cabinet of the President was reorganized

by the appointment of Abel P. Upshur, secretary of state; John C.

Spencer, secretary of the treasury; J. M. Porter, secretary of war;

C. A. Wickliffe, postmaster-general, and John Nelson, attorney-general.

The 1st session of the 28th congress commenced on the 5th of December,

1843. On the organization of the house of representatives, a flagrant

violation of law was perpetrated by the majority. On the 25th of June,

1842, an act was passed by congress providing for the election of

representatives in the several states by districts. This law, some

of the states saw fit to set at defiance. New Hampshire, Georgia,

Mississippi and Missouri, severally nullified this eminently democratic

measure. In Georgia, indeed, the legislature framed and passed a

districting bill, but the governor vetoed it, avowing in his message

that he did this less from hostility to the district system, than to

avoid the appearance of complying with the requisitions of congress.

On the organization of the house, the members from those states,

twenty-one in number, appeared and claimed the right to vote. A protest

from the whig majority was read, but in defiance of that, and the plain

and explicit act of congress to the contrary, they were suffered to

vote for speaker and clerk, and subsequently they were appointed upon

various committees. When these flagrant violations of law had been

perpetrated, the house directed the committee on elections to inquire

into and report on the matter. That committee, as was foreordained,

reported that the second section of the apportionment act _was

unconstitutional_. The house promptly adopted the report, and thus

the whole matter was settled, virtually on the basis that no law is of

binding force, which conflicts with the interests or the will of the

triumphant democracy. The choice of speaker fell on John W. Jones of

Virginia, who had been returned by 33 majority, and whose seat was then

contested by his opponent, John M. Botts.

In his annual message, the President represented the question between

the United States and Great Britain, relating to the title of the

Oregon Territory, as still unadjusted. Our minister at London had

received instruction to submit to the British government propositions

for the final settlement of the question, and the hope was indulged

that this controversy of increasing interest might be brought to a

speedy and happy termination.

But the prominent subject of the message related to Texas. The

annexation of that territory to the United States was supposed to be

occupying a large share of the executive attention, and intimation

had been given in the official organ, that considerable progress

had already been made towards the accomplishment of that object. The

message was less explicit on the subject than the people had reason

to anticipate from what had been semi-officially published; but it was

apparent that the interest taken in Texas by the Executive foreshadowed

his ultimate purpose in relation to her becoming a part of the Federal

Republic.

On the 8th of January, 1844, an act passed the house of representatives,

reimbursing a fine imposed upon General Jackson at New Orleans, at the

time of the attack and defence of that city. The repayment of this fine

had been recommended by the President in his annual message in December,

1842, but so much opposition to the measure had been manifested, that

until now a favorable vote could not be obtained. The history of the

imposition of this fine, according to a writer on the spot, is briefly

as follows.

After the signal defeat of the British on the 8th of January, they

withdrew on board their ships. News of peace with Great Britain

meanwhile reached the city. General Jackson, notwithstanding, persisted

in continuing martial law. This created dissatisfaction among the

volunteers on the line. One of them, Louallier, a member of the

legislature, who had acted in a highly meritorious manner in the

defence, setting an example to the native citizens which had a

great effect (in fact he had more of the American feeling than any

Louisianian I had become acquainted with,) conceived that the unbending

military discipline of Jackson towards the citizens and volunteers was

oppressive, and wrote an anonymous letter on the subject, which was

published in a New Orleans paper. The editor of the paper was ordered

to appear before the general, escorted by a military guard, and being

threatened with _punishment_, gave up the author. The displeasure of

the general was now turned against Louallier, who was immediately put

under strict arrest, while an order was issued forbidding any further

publications on these subjects――thus silencing the press. Louallier was

ordered to be tried _for treason by a court martial_, and if the court

had been sufficiently compliant, there is no doubt that he would have

been shot: but, fortunately, General Gaines, who presided, was the

means of preventing so shocking a catastrophe. In the mean time, the

friends of Louallier applied for a habeas corpus, which was issued

by Judge Hall, after it had been refused by Judge Lewis. Jackson not

satisfied with simply disregarding the writ, sent a file of men, who

seized the judge, carried him ten or twelve miles out of the city,

and left him with orders not to return. It was soon after the official

announcement of peace, and the cessation of martial law, that Judge

Hall returned to New Orleans and summoned General Jackson to appear

before him and answer for his disobedience of the writ of habeas corpus.

This General Jackson refused, for which refusal Judge Hall fined him

one thousand dollars.

This was the fine which the President recommended Congress to reimburse.

The payment of it was strenuously resisted, on the ground that it would

be reflection upon Judge Hall, who imposed it in the discharge of his

official duty, for a violation on the part of General Jackson of the

laws of the constitution. The act for reimbursing the fine, however,

passed both houses of congress――the vote in the former being taken

January 8th, 1844, the anniversary of the battle of New Orleans, and

standing 158 to 28. The vote in the senate was taken February 14th, and

stood 30 to 16. The act disclaimed any reflection upon Judge Hall. The

original fine was 1000 dollars. This with the interest amounted to 2700

dollars, which was forwarded to the general from the public treasury at

Washington by a special messenger.

On the 2d of March, 1814, a most tragical event occurred on board the

United States steamship Princeton, during her return from an excursion

down the Potomac. Captain Stockton, the commander of the ship, had

invited the President, the secretaries with their families, and several

members of congress to an excursion down the river. The day was fine;

the company large and brilliant――probably not less than 400 of both

sexes. During the passage, one of the large guns on board, called the

Peacemaker, carrying a ball of 225 pounds, was fired several times,

exhibiting the great power and capacity of that formidable weapon

of war. The ladies had partaken of a sumptuous repast; the gentlemen

had succeeded them at the table, and some of them had left it. The

vessel was on her return up the river, opposite the fort, when Captain

Stockton consented to fire another shot from the same gun, around and

near which, to observe its effects, many persons had gathered, though

by no means so many as had witnessed the previous discharge.

The gun was fired. The explosion was followed, before the smoke cleared

away so as to observe its effects, by shrieks of woe which announced

a dire calamity. The gun had burst three or four feet from the breech,

and scattered death and desolation. Mr. Upshur, secretary of state;

Mr. Gilmer, recently appointed secretary of the navy; Commodore Kennon,

one of its gallant officers; Virgil Maxcy, lately returned from a

diplomatic residence at the Hague; Mr. Gardener of New York, formerly

a member of the senate of that state were among the slain. Besides

these, seventeen seamen were wounded, and several of them mortally.

Captain Stockton, Colonel Benton of the senate, Lieutenant Hunt of

the Princeton, and W. D. Robinson of Georgetown were stunned by the

concussion.

The scene baffles description. Wives widowed in an instant by the

murderous blast! Daughters smitten with the heart-rending sight of

their fathers’ lifeless bodies! The wailings of agonized females! The

piteous grief of the unhurt but stricken spectators! The wounded seamen

borne down below! The silent tears and quivering lips of their brave

and honest comrades, who tried in vain to conceal their feelings! What

_words_ can adequately depict a scene like this!――A few days after,

the funeral ceremonies, which were conducted with appropriate order

and solemnity, took place at the presidential mansion, at which were

present the surviving officers of government, civil, military and

naval; the foreign ministers, members of both houses of congress, and

relatives and personal friends of the deceased.

Shortly after the above sad event, Mr. Upshur’s place in the department

of state was supplied by the appointment of John C. Calhoun, of South

Carolina, and the vacancy occasioned by the death of Mr. Gilmer was

filled by the appointment of John Y. Mason.

On the 22d of April, a message was transmitted to the senate by

the President, announcing to that body the negotiation of a treaty

with Texas; the object of which was to annex that territory to the

United States. “I transmit herewith,” said he, “for your approval and

ratification, a treaty which I have caused to be negotiated between

the United States and Texas, whereby the latter, on conditions therein

set forth, has conveyed all its rights of separate and independent

sovereignty and jurisdiction to the United States. In taking so

important a step, I have been influenced by what appeared to me to be

the most controlling considerations of public policy, and the general

good; and in having accomplished it, should it meet with your approval,

the government will have succeeded in reclaiming a territory, which

formerly constituted a portion, as it is confidently believed, of its

domain under the treaty of cession of 1803, by France to the United

States.”

By this treaty, the republic of Texas was to be annexed to the United

States as one of the territories. Her public lands were ceded and

subject to the laws regulating public lands in the other territories of

the United States. Her public debt and other liabilities to be assumed

by the United States, &c.

The annunciation that such a treaty had been negotiated by the

President so secretly, excited no small surprise throughout the country,

and immediately awakened deep concern and anxiety in the bosoms of

those who were opposed to the measure. In the view of this portion of

the community, the admission of Texas was a serious calamity, inasmuch

as it involved the extension of slavery, if not an open rupture with

Mexico, which still laid claim, with what justice we do not here

pretend to decide, to the republic, as a part of her rightful domain.

On the other hand, these and other objections had no force with a

large party, who were in favor of her admission. They saw in such a

measure not merely the extension of the great principle of liberty,

and the wider diffusion and enjoyment of our inestimable privileges and

institutions, but the means of great wealth, inasmuch as her rich lands

might be devoted to the production of cotton and other agricultural

products, and would furnish a mart for such surplus slave population,

as was not needed in contiguous states. It was confidently asserted

that it would not increase slavery in the land, but serve to place what

was deemed a necessary evil at a farther remove from the non-holding

slave states.

On the 8th of June, a direct vote was taken on the question of

ratifying the above treaty, when it appeared that 35 members were

against its ratification, and 10 in favor of it. It would have required

34 votes (two thirds) according to the constitution to ratify the

treaty, whereas more than two thirds voted against it.

On the rejection of this treaty, the President transmitted a message to

the house of representatives, informing that body of the action of the

senate, and virtually requesting them to adopt some course, by which

his object should be obtained. He said, “While I have regarded the

annexation to be accomplished by treaty, as the most suitable form in

which it could be effected, should congress deem it proper to resort

to any other expedient conformably with the constitution, and likely

to accomplish the object, I stand prepared to yield my most prompt

and active co-operation. The great question is not as to the manner in

which it shall be done, but whether it shall be accomplished or not.”

During the progress of these interesting measures in congress, not

less interesting events were transpiring in other parts of the country.

Another presidential election was approaching, and already the several

parties were marshalling their forces for the contest. Within a few

days, three conventions were held for the purpose of nominating

candidates for the two first offices in the country, to be voted for

in November, 1844.

The first of these was a whig convention convened on the 1st of May,

in the city of Baltimore. Over the deliberations of this convention,

the Hon. Ambrose Spencer of New York presided. By this convention,

composed of a large delegation from every state in the Union, Henry

Clay of Kentucky was unanimously recommended, as the whig candidate

for the presidency of the United States. At the same time Theodore

Frelinghuysen of New Jersey was nominated to the office of

vice-president.

On the following day the foregoing nominations were ratified by a grand

national mass convention, composed of young men from all parts of the

Union――probably the largest political assemblage ever convened in the

United States in a regular convention. John M. Clayton, of Delaware,

presided.

On the 27th of the same month, May, the democratic national

convention assembled in the city of Baltimore for a similar object of

this convention. H. C. Wright of Pennsylvania was elected president

of the convention. Previous to the meeting of this convention, it was

generally anticipated that Martin Van Buren, of New York, would be its

unanimous choice for the presidency. Not a few of the delegates had

been specially instructed to give their votes for him. The popularity

of Mr. Van Buren, however, had, from various causes, been for some

time diminishing. His letter in opposition to the annexation of Texas

had served to cool the friendship of many of his southern political

friends. In addition to these considerations, there were probably

others which have not yet transpired from the bosoms of some who

exercised a paramount influence in the Baltimore convention. Be this,

however, as it may, a plan was projected to pass Mr. Van Buren, and

select another candidate. This was accomplished by requiring a majority

of two thirds of the delegates present in favor of the candidates

elected. To the adoption of such a rule, the friends of Mr. Van Buren,

for a time, strenuously objected. They were, however, overruled, and

at length it came to pass, that the man, who, it is believed, nearly

every state in the Union had in one way or another recommended to the

suffrages of the convention, was laid aside, and a candidate in the

person of James K. Polk was selected, whose name, previously to the

convention, had scarcely ever been heard in connection with the first

office in the land. Most remarkable was it, that the man who, during

the first seven ballotings of a convention so large, did not receive

a single vote, and in the eighth balloting but forty-four, should on

the ninth receive every vote of the convention, being 266 in number.

At the same time George M. Dallas, of Pennsylvania, was nominated for

vice-president.

On the same day, in another part of the city of Baltimore, a Tyler

national convention, as it was called, was assembled for the purpose

of nominating John Tyler to the office of President. Of this convention

Judge White, of Connecticut, was elected president. The convention

was composed of delegates from various parts of the union, without

restriction as regards to number from any state or district, or any

question as to the manner of their appointment; by this convention

John Tyler was nominated for the presidency. It adjourned without

nominating a candidate for the vice-presidency, but adopted a

resolution recommending the appointment of a committee, who should

report a candidate for the vice-presidency through the public papers.

The candidates thus nominated by these several conventions,

accepted their nominations, and from this time the political campaign

opened with all that activity and busy bustle, which of late have

characterized our presidential elections. Immense mass meetings of old

and young were held in every section of the country, for the purpose

of approving of the several nominations, and of stimulating the friends

of the respective candidates to every effort to secure their election.

It may here be added, that on the 30th of August, Mr. Tyler, finding

himself without a party adequate either in numbers or zeal to elect

him, wisely withdrew from the presidential canvass. The course he had

pursued was popular with no party. Yet, on withdrawing his name, he

seems, for reasons not well understood, to have aided the election

of Mr. Polk, by removing from office those who were friendly to the

election of Mr. Clay, and substituting in their place men well known

to favor the pretensions of his rival.

The 28th congress closed its first session of 196 days, on the

17th of June. Little business of importance had been accomplished.

Several bills deeply affecting the interests of the country were lost.

Fortunately for the manufacturing interests, a bill having for its

object an essential alteration of the tariff, and which was urged by

its advocates with great force, was laid upon the table of the house by

a vote of 105 to 99. A post-office bill, reducing the rates of postage

was passed by the senate, but was neglected by the house, as was also

its own bill for regulating postage, and the franking privilege of

members of congress.

On the 2d of December congress again assembled――it being the 2d

session of the 28th congress. In his message, the President represents

the relations of the country with foreign powers as satisfactory. The

negotiations with Great Britain in relation to Oregon were in hopeful

progress. The condition of the public treasury, and of the public

credit were highly gratifying. The annexation of Texas was again

brought to the consideration of Congress, and a joint resolution was

recommended as the form by which that annexation might be perfected――to

be made binding on the two countries when adopted in a like manner by

the government of Texas.

On the 10th of January, 1845, an important treaty between the United

States and the Chinese empire, was ratified by the senate by a

unanimous vote. This treaty was concluded by Caleb Cushing, United

States commissioner to China, and Tsiyeng, governor-general of the Two

Kwangs, on the part of the Emperor, at Wang-Hiya, on the 3d of July,

1844. By this treaty our relations with China were placed on a new

footing eminently favorable to the commerce and other interests of the

United States. An abstract of the most important articles are subjoined.

Art. 1, Provides that there shall be a perfect and universal peace, and

a sincere and cordial amity between the United States of America and

the Ta Tsing Empire.

Art. 2, Provides that citizens of the United States resorting to China

for the purpose of commerce, will pay the duties of import and export

prescribed in the tariff annexed to the treaty, and no other duties or

charges whatever; and that the United States shall participate in any

future concession granted to other nations by China.

Art. 3, Provides for the provision of citizens of the United States at

the five ports of Kwang-chow, Hiyamen, Fa-chow, Ningpo and Shang-hai.

Art. 4, Provides for citizens of the United States to import and sell,

or buy and export, all manner of merchandise at the five ports.

Art. 16, Provides for the collection of debts due from Chinese to

Americans, or from Americans to Chinese through the tribunal of the

respective countries.

Art. 17, Provides for the residence of citizens of the United States;

the construction by them of dwellings, storehouses, churches,

cemeteries and hospitals, and regulates the limits of residence――and

trade permitted to citizens of the United States at the five ports, and

the ―――― appertaining thereto.

Art. 18, Empowers citizens of the United States freely to employ

teachers and other literary assistants, and to purchase books in China.

Art. 19, Provides the means of assuring the personal security of

citizens of the United States in China.

Art. 21, Provides that subjects of China and citizens of the United

States in China, charged with crimes shall be subject only to the

exclusive jurisdiction each of the laws and officers of their

respective governments.

Art. 22, Provides that the merchant vessels may freely carry between

the five ports and any country with which China may happen to be at war.

Art. 34, Provides that citizens of the United States engaged in

contraband trade, or trading clandestinely with such of the ports of

China as are not open to foreign commerce, shall not be countenanced or

protected by their government.

A treaty similar to the preceding was made by Great Britain with

China somewhat earlier. A new era has commenced in the history

of that extensive empire. And now that access to her population

is comparatively easy, and religious instruction is allowed to be

disseminated by means of missionaries, tracts, &c., a happy change may

be anticipated in respect to a people where religion, laws and customs

have remained without alteration for centuries. Thus good has resulted

from evil. The conduct of England in respect to the opium trade a few

years since, was reprobated by all civilized nations; but Providence

has overruled events so that the light of Christianity will at no

distant day enlighten and bless China, with her hundreds of millions

of now ignorant and superstitious idolators.

The rejection by the senate of the treaty concluded by the President

with Texas, noticed page 824, in no wise abated the ardor of the

Executive in respect to her annexation to the United States. In

his annual message, as already observed, he proposed to effect

her admission into the Union by a joint resolution of congress.

Unconstitutional as such a mode of annexation was deemed to be by

many sound and patriotic men, the measure found favor with a large

party in the United States, and a corresponding party in congress.

The resolution was opposed with great force, and by powerful argument.

The consequences were clearly set forth――those which were certain,

and other consequences which were probable. It was urged as an act of

injustice to Mexico, and that hostilities with that government would

likely ensue――that our territory was sufficiently extended――that our

public debt should not be enlarged by the assumption of hers――and

finally, and more than all, that the evils of slavery would be greatly

augmented as its theatre would be widely extended. But the President

and other friends of the measure regarded it with great favor. General

Jackson, now in the decline of life, and even on the verge of the grave,

was appealed to, and not in vain, to urge the democratic party to

consummate the annexation before his departure. The discussion of the

subject in congress, and in the public papers was strong and animated.

At length on the 23d of January, 1845, the question was taken in the

house of representatives, and the resolution adopted by a vote of 118

to 101.

The democratic votes in favor of the resolution were 53 from free,

and 59 from slave states. Eight whigs, all from slave states, voted

in favor. Of the votes in the negative, 28 were democratic from free

states; 70 were whig――52 from free states, and 18 from slave states.

The resolution from the house underwent important amendments in

the senate, in which body it passed by a vote of 27 to 25. In these

amendments the house concurred by a vote of 132 to 76.

The resolution thus passed was as follows.

_Resolved_, &c., That congress doth consent that the territory properly

included within, and rightfully belonging to, the republic of Texas,

may be created 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 under the

states of this Union.

The consent of congress to this resolution was given upon certain

conditions――the first was that a constitution adopted by the people

of said republic should be laid before congress on or before the

1st day of January, 1846――the second was, that all mines, minerals,

fortifications, harbors, arms, navy, &c., should be ceded to the United

States――public lands to be retained by Texas for the payment of her

debts――a third condition was, that new states might hereafter be formed

out of the said territory of Texas.

An amendment of the above resolutions proposed by Mr. Walker was

adopted by a vote of 27 to 25.

This amendment allowed the President of the United States, instead

of proceeding to submit the foregoing resolutions to the republic of

Texas as an overture on the part of the United States for admission,

to negotiate with that republic, then

_Be it resolved_, 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

condition of such admission and the cession of the remaining Texian

territory to the United States shall be agreed upon by the governments

of Texas and the United States. This amendment was concurred in by the

house by a vote of 132 to 76.

As these measures in regard to the admission of Texas were adopted

at the close of the session of congress, it was expected that

Mr. Tyler would leave it to his successor to consummate the wishes

of congress, and it was also understood that Mr. Polk had determined

to negotiate a treaty with Texas under the alternative offered by Mr.

Walker’s amendment. President Tyler, however, determined to forestall

the action of his successor, and hence despatched an express to

communicate to Texas, that he had decided to invite Texas into the

Union, under the provisions of the resolutions as they passed the house

of representatives, without the exercise of farther treaty making power.

During the preceding session of congress, the subject of a change

in existing rates of postage had been discussed, and a bill making

alterations had passed one branch of the national legislature. At

the present session, the subject was revived, and a bill reducing

the rates introduced. It was understood to find no favor with the

postmaster-general and some others――but a reduction of rates had

long been demanded by the public, and, in accordance with the public

sentiment, the bill passed the senate February 8th, by a vote of 38 to

12: in the house, on the 16th, 158 to 74――to go into operation the 1st

of July, following.

On the 12th of February, the ceremony of opening and counting the

votes of the electors of President and vice-president of the United

States took place in the presence of both houses of congress. Tellers

were appointed as usual, who, having read and counted the votes, made

duplicate lists thereof. These being delivered to the president of the

senate, he made declaration of the result; viz., That the whole number

of votes given was 275, of which James K. Polk, of Tennessee, had 170,

and was duly elected President of the United States for four years

from the 4th day of March ensuing. Henry Clay had 105 for the same

office. The vote for vice-president stood 170 for George M. Dallas,

of Pennsylvania; for Theodore Frelinghuysen, of New York, 105.

On the 4th of March, at half past two in the morning, the second

session of the 28th congress was brought to a close, and at the same

time was terminated the presidential career of John Tyler, who soon

after retired to his farm in Virginia.

In reviewing the presidential career of Mr. Tyler, it is impossible to

free him from the charge of inconsistency. In the Harrisburg convention,

he was a member, a vice-president, and an ardent supporter of Mr.

Clay――and when, after some three days’ deliberation, it was decided to

place General Harrison in nomination, few, if any, appeared more deeply

aggrieved than Mr. Tyler, that the claims of Mr. Clay were set aside.

The selection of a candidate for vice-president, next became an object

of deep solicitude. The friends of General Harrison were naturally

anxious that the choice should fall upon a known and ardent Clay

man. To this end, the name of John J. Crittenden was brought forward,

but his friends felt unauthorized to pledge his assent. Others were

named――Governor Dudley――ex-Governor Owen, and Benjamin Watkins Leigh;

but for various reasons their names were withdrawn. At length the

name of John Tyler was introduced, and under a belief that he was an

uncompromising whig, he received the unanimous vote of the convention.

On the death of General Harrison, Mr. Tyler succeeded to the

presidency. Thereupon he issued an address to the people, which was

plainly and generally understood to indicate his resolution to unite

in such measures with regard to the currency, as the new whig congress

(which General Harrison had called to meet in extra session at an early

day) should deem advisable. A variety of circumstances concurred to

evince that such was at that time his intention. But the tenor and

language of his conduct were soon changed. He differed from the party

which elevated him to office――repeatedly vetoed their most important

and most valued measures――removed from office nearly all who had

contributed to his election, and threw his entire influence into the

hands of the opposite political party.

The retirement of Mr. Tyler, is, perhaps, too recent to justify a

decided opinion as to the merits of his administration. During the heat

of party strife, an impartial judgment is seldom apt to be exercised.

We look at men and measures, at such times, through a false medium.

In order to [give] a fair and full estimate of the measures of a

government, it is necessary that years should pass by, and with them

the political pride and party prejudice of the principal actors at the

time of their adoption and influence. But whatever may be the ultimate

decision of posterity in regard to the administration of Mr. Tyler,

as a whole, it is certain, that nothing can rescue him from the charge

of a vacillating policy, by which he alienated from his society and

friendship nearly every man, who aided in elevating him to office; and

that without securing the esteem of the party whose cause he espoused,

and the members of which he honored with office. Measures beneficial

to the country, were indeed adopted during his administration; but it

is also true that, through his exercise of the veto power beyond all

former precedent, other measures of no less importance in the view

of his former friends, and which had been perfected at the expense

of much time and labor, were frustrated. In short, during nearly the

whole of his administration, Mr. Tyler went counter, in the opinion

of his friends, to those principles which he had avowed prior to,

and early after, his accession to the presidency. And in so doing, he

sadly disappointed his early political friends and associates, while he

secured to himself, it is well known, neither the respect nor support

of the democratic party.

ADMINISTRATION OF JAMES K. POLK.

On the 4th of March, 1845, James K. Polk was duly inaugurated as

President of the United States. The ceremonies at the Capitol on the

occasion were witnessed by a large concourse of citizens, both from the

vicinity and a distance. As is usual, the President elect, on taking

the oath of office, delivered an address explanatory of his political

sentiments, or those fundamental principles, by which he designed to

administer the government during his presidential term.

After expressing his thanks to his countrymen for the unsolicited

confidence reposed in him, and invoking the aid of the Almighty Ruler

of the universe, he said: “It will be my first care to administer the

government in the true spirit of the constitution, and to assume no

powers not expressly granted or clearly implied in its terms.” It would

also be his aim to see that the general government did not trench on

the rights of the states, nor the states overstep the limits of power

reserved to them. He should steadily aim to perpetuate the blessings

enjoyed under the constitution, and especially to preserve the Federal

Union in its integrity, and in all that pertains to its honor and

prosperity. He expressed himself opposed, to a national bank, and all

other extraneous institutions planted around the government to control

or strengthen it, in opposition to the will of its authors. In respect

to the expenditure of the public money, he should feel it to be his

duty to recommend the strictest economy compatible with the public

interest. In regard to the adjustment of our revenue laws, and the

levying of taxes necessary to the support of the government, he

considered it a cardinal principle, that no more money should be

collected than the necessities of an economical administration required.

He was in favor of a tariff for revenue, and such as would afford

incidental protection to our home industry, but was opposed to a tariff

for protection merely. He was in favor of the annexation of Texas,

and congratulated the country that measures were in progress for her

_reunion_. In respect to Oregon, he claimed our title to it to be

“clear and unquestionable.” In the management of foreign relations,

he would aim to preserve a careful respect for the rights of other

nations, while our own would be the subject of constant watchfulness.

Public officers would be held to a strict performance of their duties,

especially those charged with the collection and disbursement of the

public revenues. Although chosen by a party, in his official actions he

would not be the President of a part only, but of the whole people of

the United States. In conclusion he said, “I enter upon the discharge

of the high duties which have been assigned me by the people, humbly

supplicating that Divine Being, who has watched over and protected our

beloved country from its infancy to the present hour, to continue his

gracious benedictions upon us, that we may continue a prosperous and

happy people.”

The President immediately after his induction into office, proceeded

to the formation of his cabinet. The new senate being in session,

he nominated James Buchanan, of Pennsylvania, as secretary of state;

Robert J. Walker, of Mississippi, secretary of the treasury; William L.

Marcy, of New York, secretary of war; George Bancroft, of Massachusetts,

secretary of the navy; Cave Johnson, of Tennessee, postmaster-general,

and John Y. Mason, of Virginia, attorney-general.

On the evening of the 8th of June, an event occurred calculated to

make a deep impression upon the whole people of the United States.

This was the death of General Jackson, who breathed his last, at his

residence at the Hermitage, Tennessee, in the 79th year of his age.

His funeral solemnities took place on Tuesday, the 10th, the Rev. Dr.

Edgar preaching a most impressive and eloquent sermon on the occasion.

After the religious services were ended, the body was conveyed to the

vault prepared many years since for its reception. Several thousands of

persons were present at the solemn ceremonies, which were closed by the

discharge of three volleys over the grave.

We have elsewhere spoken of General Jackson in respect to his military

and political character. That he was “a soldier of dauntless courage,

vigor, and perseverance, an officer of skill and sagacity, of quickness

of perception, and of prompt and resolute execution of his purpose,

there is, probably, and hereafter there will probably, be no division

of opinion, either at home or abroad. That he was sometimes stern

and severe, too stern and severe, none can doubt; nor will it be

questioned probably, that while in general he sought to distinguish

himself by exalting the character and honor of his country, he was not

unfrequently rash, and too obstinately bent on pursuing his plans and

purposes to their end, in despite of the opinion and advice of his

political friends and associates.”

To all, however, whatever estimates they may have formed of the

excellence or defects of his administration, it must be pleasant to

learn that the closing days of his life were devoted, according to

statements made to the public, to a wise preparation for that eternity

to which he was hastening. He claimed to rest his hopes for acceptance

with God, on the merits of Jesus Christ. His final interview with his

family was deeply tender and impressive. He took leave of each one with

great deliberation, and in a manner most kind and affectionate. He took

leave with similar tenderness of his servants, who had collected in his

room, or at the windows, and in conclusion he expressed the hope, that

he should meet them all again in a world of glory.

The solemn event was every where received with due sensibility, and its

announcement followed by appropriate demonstrations of respect to the

memory of the departed. The President of the United States issued his

public order, directing suitable demonstrations of public sorrow and

sympathy to be made at the several naval and military stations of the

country. With great propriety did that public order conclude by saying,

“Let the virtues of the illustrious dead retain their influence, and

when energy and courage are called to trial, emulate his example.”

The first session of the 29th congress commenced December 1st, 1845.

The Hon. John W. Davis, of Indiana, was elected speaker of the house of

representatives.

On the following day, the President transmitted his message to both

houses of congress. The principal topics of public interest contained

in the message related to Texas――to Oregon――to our relations with

Mexico――to the public lands――and to the sub-treasury.

In regard to Texas, the President informed congress, that the terms of

annexation which were offered by the United States to that government,

by the joint resolution of the last congress, had been accepted

by Texas, and that nothing, therefore, remained to consummate that

annexation, but the passage of an act by congress, to admit the state

of Texas into the Union, upon an equal footing with the original states.

“Strong reasons exist,” he observed, “why this should be done at an

early period of the session. By the constitution of Texas, the existing

government is continued only till congress can act; and the third

Monday of the present month is the day appointed for holding the

first general election. I cannot,” added the Executive, “too earnestly

recommend prompt action on this important subject.”

The President next spoke of our relations with Mexico, “which,” he

observed, “have not since the last session been of the most amicable

character. On the 6th of March, the Mexican envoy extraordinary and

minister plenipotentiary to the United States, made a formal protest

against the annexation of Texas; in which he regarded that annexation

as a violation of the rights of Mexico, and in consequence of it, he

had demanded his passports. Thus, by the act of Mexico, all diplomatic

intercourse between the two countries had been suspended.” Nor was this

all. The belligerent conduct of Mexico had rendered it necessary, in

the opinion of the President, to take measures to protect and defend

Texas against her menaced attack. “I deemed it proper, therefore,”

observed the President, “as a precautionary measure, to order a strong

squadron to the coast of Mexico, and to concentrate a sufficient

military force on the western frontier of Texas. Our army was ordered

to take position in the country between the Neuces and the Del Norte,

and to repel any invasion of the Texan territory which might be

attempted by the Mexican forces. Our squadron in the Gulf was ordered

to co-operate with the army.” Up to the date of the message, however,

Mexico had made no aggressive movement, nor had the American forces,

on their part, committed any act of hostility. Such was the position of

our affairs with Mexico on the opening of the session of congress.

The President next adverted to the subject of the Oregon territory.

Previous to his induction to office, three several attempts had been

made to settle the questions in dispute about Oregon between the two

countries by negotiation, upon the principle of compromise, each of

which, however, had proved unsuccessful.

These negotiations look place at London, in the years 1818, 1824,

and 1826: the first two under the administration of Mr. Monroe, the

last under that of Mr. Adams. The negotiations of 1818 having failed

to accomplish its object, resulted in the convention of the 20th of

October of that year. By the third article of that convention, it was

“agreed that any country that may be claimed by either party, on the

north-west coast of America, westward of the Stony mountains, shall,

together with its harbors, bays, and creeks, and the navigation of all

rivers within the same, be free and open for the term of ten years from

the date of the signature of the present convention, to the vessels,

citizens, and subjects of the two Powers; it being well understood that

this agreement is not to be construed to the prejudice of any claim

which either of the two high contracting parties may have to any part

of the said country, nor shall it be taken to affect the claims of any

other Power or State to any part of said country; the only object of

the high contracting parties in that respect, being to prevent disputes

and differences among themselves.”

The negotiation of 1824 was productive of no result, and the convention

of 1818 was left unchanged.

The negotiation of 1826 having also failed to effect an adjustment

by compromise, resulted in the convention of August the 6th, 1827, by

which it was agreed to continue in force, for an indefinite period,

the provisions of the third article of the convention of the 20th of

October, 1818; and it was further provided, that it shall be competent,

however, to either of the high contracting parties, in case either

should think fit, at any time after the 20th of October, 1828, on

giving due notice of twelve months to the other contracting party,

to annul and abrogate this convention; and it shall, in such case, be

accordingly entirely annulled and abrogated after the expiration of

said term of notice.

From this time, for several years, the subject rested in quietness. At

length, in October, 1843, the minister of the United States in London,

made a similar offer to those of 1818 and 1826. Thus stood the question

when the negotiation was transferred to Washington. On the 26th of

August, 1844, the British plenipotentiary offered to divide the Oregon

territory by the 49th parallel of north latitude, leaving the free

navigation of the Columbia river to be enjoyed in common by both

parties. This proposition was rejected by the American plenipotentiary

on the day it was submitted. The British plenipotentiary next, in turn,

requested that a proposal should be made by the United States, for an

equitable adjustment of the question.

Such was the state of the negotiation on the accession of Mr. Polk

to the presidency. “Anxious to settle this long pending controversy,

I was induced,” he observed, “to make a further proposition, which

was a repetition of the offer of the parallel for 49 degrees of north

latitude, without the free navigation of the Columbia river. This

proposition was rejected by the British plenipotentiary, and here all

negotiation ceased.”

Such was the state of this important and delicate question on the

meeting of congress. Attempts at compromise had failed. Great anxiety

was beginning to be felt by statesmen on both side the waters in

relation to this subject. More and more sensitiveness was prevailing,

in reference to the claims of the respective parties. The President,

under a belief that the question should be settled, advised that the

year’s notice, required by the convention of the 6th of August, 1827,

should be given to Great Britain.

“By so doing, at the expiration of a year, we shall have reached a

period,” said the President, “when our national rights in Oregon must

either be abandoned, or firmly maintained.”

In regard to the tariff, the message was explicit. The President

reaffirmed doctrines, which, before his elevation to the Executive

chair, he was known to profess in regard to the protective system.

He was against it――against the tariff act of 1842――a revision and

modification of which he strongly recommended.

In respect to the public domain, the President proposed to reduce

the price to one dollar per acre, and to graduate the price to lower

rates upon such portions as should remain for any considerable time

unsold. Next, he adverted to the safe keeping of the public money.

“Entertaining the opinion,” said he, “that the separation of the moneys

of the government from banking institutions is indispensable for the

safety of the funds of the government, and the rights of the people, I

recommend to congress that provision be made by law for such separation,

and that a constitutional treasury be created for the safe keeping of

the public money. The constitutional treasury recommended is designed

as a secure depository for the public money, without any power to make

loans or discounts, or to issue any paper whatever, as a currency or

circulation. I cannot doubt that such a treasury as was contemplated by

the constitution, should be independent of all banking corporations.”

Such were the views of the Executive in regard to these great questions

of national policy. Great differences of opinion existed among the

American people in relation to several of them. It was foreseen that

the public discussion of them would intensely excite the nation, and

great apprehensions were entertained lest hostilities should grow out

of the question pending between the United States and Great Britain.

A war with Mexico at even an earlier day had been predicted, and the

message of the President was not calculated to allay anxiety respecting

it.

Indeed, this anxiety was destined to be increased by the course

adopted by certain political leaders in congress. As early as the 9th

of December, General Cass introduced into the senate the following

resolutions:

“_Resolved_, That the committee on military affairs be instructed to

inquire into the condition of the national fortifications, and of their

armaments; and whether other defensive works are necessary; and into

the condition and quantity of the military supplies; and into the state

of the means possessed by the government for the defence of the country.

“_Resolved_, That the committee on the militia be instructed to inquire

into the present condition of that great branch of the public service;

and into the state of the militia laws; and that they be further

instructed to report such changes in the existing system, as will give

more experience and efficacy to that arm of defence, and will place it

in the best condition for protecting the country, should it be exposed

to foreign invasion.

“_Resolved_, That the committee on naval affairs be instructed to

inquire into the condition of the navy of the United States, and into

the quantity and condition of supplies now on hand; and whether an

increase of them is not necessary to the efficient operation of the

navy, and to its preservation and augmentation; and, generally, into

its capacity for defending our coasts and our commerce; and for any

service the exigencies of the country may probably require.”

The belligerent aspect of these resolutions was not to be mistaken;

and, at length, when taken up for consideration, the mover of them,

while he disclaimed any wish to hasten hostilities between Great

Britain and America, expressed his conviction that a crisis was

approaching.

The United States would not and could not relinquish her claim upon

Oregon. “Shall we recede?” he inquired. “No, sir, as to receding it

is not to be thought of for a moment. It is a thing I allude to, only

to denounce it. War,” he added, “was a great calamity, and should if

possible be avoided: but there were other calamities more to be dreaded

than war, and among those calamities was national dishonor.”

To these resolutions, thus introduced, it was replied, that there could

be nothing urged by way of objection in themselves considered. It was

right to inquire into the state of our national defence, and to provide

against the possible contingency of war; but it was the remarks of the

mover of them which gave them their peculiar significance. They were

in effect a declaration of war. They would be so considered, and would

awaken the anxieties of the entire country. They might also seriously

interfere with and retard the settlement of a question of vast moment

pending between the United States and Great Britain. After a full

consideration of these resolutions, however, and suitable explanations

on both sides, the resolutions were unanimously referred to the

committee on military affairs.

In accordance with the recommendation of Mr. Polk, at an early day of

the session, joint resolutions for the admission of the state of Texas

into the Union were introduced into the house of representatives. These

resolutions with a preamble were as follows.

“Joint resolutions for the admission of the state of Texas into the

Union.

“Whereas the congress of the United States, by a ‘_joint resolution_,’

approved March the 1st, 1846, did consent, that the territory properly

included within, and rightfully belonging to, the republic of Texas,

might 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 might be admitted as

one of the states of the Union; which consent of congress was given

upon certain conditions specified in the 1st and 2d sections of said

joint resolutions: and whereas the people of the said republic of Texas,

by deputies in convention assembled, with the consent of the existing

government, did adopt a constitution, and erect a new state, with a

republican form of government, and in the name of the people of Texas,

and by their authority, did ordain and declare, that they assented to

and accepted the proposals, conditions, and guaranties contained in

said 1st and 2d sections of said resolutions: and whereas the said

constitution, with the proper evidence of its adoption by the people

of the republic of Texas, has been transmitted to the President of

the United States, and laid before congress, in conformity to the

provisions of said joint resolutions; Therefore

“_Be it resolved by the Senate and House of Representatives of the

United States of America in Congress assembled_, That the state of

Texas shall be one, and is hereby declared to be one, of the United

States of America, and admitted into the Union on an equal footing with

the original states in all respects whatever.

“_Be it further enacted_, That until the representatives in congress

shall be apportioned, according to an actual enumeration of the

inhabitants of the United States, the state of Texas shall be entitled

to choose two representatives.”

It was scarcely within the reasonable hopes of the opposers of the

annexation of Texas, that after the adoption of the measures, with that

object in view, by the preceding congress, the present congress would

do any thing by which to prevent her admission into the Union. A few,

perhaps, indulged the belief, that further proceedings might be stayed;

and with that object in view, petitions and remonstrances were sent

in from various parts of the Union. The President had, indeed, in his

message congratulated congress and the nation that “this accession

(of Texas) to our territory had been a bloodless achievement. No arm

of force had been raised to produce the result. The sword has had

no part in the victory. We have not sought to extend our territorial

possessions by conquest, or our republican institutions over a

reluctant people.” This was admitted by the opposite party, but they

predicted war as a consequence, and this danger of a collision with

Mexico they would have avoided, by preventing the admission of Texas.

Besides, the extension of slavery was more distressing to many in all

quarters of the Union; and, moreover, it was urged that it was of

dangerous tendency and doubtful consequences to enlarge the boundaries

of this government or territory over which our laws are now established.

“There must be some limit,” said a wise and aged statesman, “to the

extent of our territory if we would make our institutions permanent.”

The opposers of annexation, in various parts of the country, were

anticipating a warm and exciting debate on the subject in congress,

and members of that body, who represented this party, were themselves,

it is believed, prepared to present strong, and to themselves,

satisfactory reasons, why the project should be abandoned. But to the

surprise of all, when the subject came up for consideration, discussion

was prevented by an early movement of the previous question. To such a

summary process strong remonstrances were made; but to the friends of

the measure in congress, who believed the most valuable benefits would

result to the Union by its consummation, debate seemed needless; and,

consequently, the resolutions were urged to a speedy adoption. On the

16th of December, the question was taken, and the resolutions were

adopted by a majority of 141 to 56. A few days after they received the

sanction of the senate. In this latter body, however, an opportunity

was given for the opposers of annexation to urge their objections. This

was done with great dignity; but a majority in the senate, as in the

house, if not in the country, were found in favour of the measure.

Thus by a novel, and to many an unconstitutional process, was

Texas admitted into the Union, and “without any intermediate time

of probation, such as other territories had undergone before their

admission, she was vested with a right to send _two_ representatives to

congress, while her population was insufficient to entitle her to one,

except, under the specific provision of the constitution, that each

state shall have at least one representative.”

As early as October, 1845, an inquiry had been made by order of the

President, of the Mexican minister for foreign affairs, whether his

government “would receive an envoy from the United States, intrusted

with full powers to adjust all questions in dispute between the two

governments.” During the same month, an affirmative answer having

been received; in November, the Hon. John Slidell, of Louisiana, was

commissioned as such, and on the 30th of the same month arrived at Vera

Cruz. The government of Mexico, notwithstanding its pledge, refused to

receive him in the diplomatic character to which he had been appointed;

and, after spending some time in the country, he returned to the United

States.

The military force, which the President in his annual message informed

congress he had ordered to take a position “between the Neuces and the

Del Norte,” was for some months concentrated under General Taylor at

Corpus Christi: but, on learning the probable refusal of the Mexican

government to receive our envoy; and moreover, Texas having by her act

of a previous date, declared the Rio del Norte to be her boundary, the

President, in January, directed General Taylor to remove from Corpus

Christi, and to concentrate his troops on the left bank of the Del

Norte. At the same time all aggressive acts were strictly forbidden.

Accordingly, on the 11th of March the troops were put in motion, and

on the 28th of that month arrived on the left bank of the Del Norte,

opposite to Matamoras. About the same time a depôt was established at

Point Isabel, near the Brasos Santiago, thirty miles in the rear of the

encampment.

These measures, adopted by the President, by which the American troops

passed the Neuces, the boundary claimed by Mexico, was considered by

a large portion of the people of the United States as impolitic, if

not unjust; and strongly tending to strengthen the misunderstanding

already existing between the two governments. At least, the territory

thus occupied was a subject of dispute, and by many its occupation was

deemed a belligerent act.

It was naturally so considered by Ampudia, who was commanding the

Mexican forces at Matamoras, and who notified the American general

to break up his camp within twenty four hours, and retire beyond

the Neuces. On the 24th of April, General Arista superseded Ampudia

in command, and forthwith communicated to General Taylor, that “he

considered hostilities commenced, and should prosecute them.” On the

same day, a party of dragoons of sixty-three men and officers from the

American camp, who had been despatched up the Del Norte to reconnoitre,

were attacked by a body of Mexican troops. Sixteen were killed and

wounded, and the remainder taken prisoners.

For a time following the occupation of the left bank of the Del Norte,

the situation of the American army was considered exceedingly critical.

In point of numbers, it fell far short of the Mexican force under

General Arista, and supplies of food were difficult to be obtained. In

this situation, General Taylor availed himself of authority given him

by the President to call upon the governor of Texas for four regiments

of state troops, and on the governor of Louisiana for four regiments,

to be sent him as soon as practicable. These eight regiments were

expected to make a force of nearly 5000 men, and were, in the opinion

of General Taylor, sufficient: but General Gaines, having command in

the southern department, under an apprehension that a much larger force

would be necessary, made requisitions upon several of the governors

of the southern states for a large volunteer force. In consequence

of this call, a large force was ultimately concentrated under General

Taylor――more than was deemed needful, and they were dismissed, while

General Gaines, though considered patriotic in his measures, was

adjudged to have transcended his authority.

Before, however, any of the above troops had reached the camp of

General Taylor, his situation had become alarming. His provisions

were nearly exhausted. The Mexicans were surrounding him, and his

communication with Point Isabel was liable to be interrupted. At

length, leaving a garrison of 700 or 800 men at his works opposite

Matamoras, he set out with his other forces on Friday, the 1st of May,

for Point Isabel to give protection to that place, and re-establish

his communication with his supplies.

This movement upon Point Isabel was effected, without encountering

a single Mexican. In place of molesting General Taylor, the enemy

concentrated his forces about the camp which he had just left. On the

morning of the 3d, the American works were attacked by the Mexican

batteries from the opposite side of the river, while a detachment of

their forces made a simultaneous attack on this side of the Rio Grande,

in the rear. The Americans returned the fire with so much effect as

to silence, in a short time, the Mexican batteries, while the attack

in the rear was still more easily repulsed. The Americans lost but

a single man. The Mexican loss was considerable. Matamoras itself

suffered considerably.

On the 7th General Taylor commenced his return to his camp. He

anticipated opposition, but little did anyone apprehend such attacks

and such victories as the Americans won.

On the 8th, the Mexican forces had reached Palo Alto, with an intention

to intercept the American general, and if practicable to prevent his

return to his camp. The two armies met, and for five hours such a

battle raged as the annals of history seldom record. The Mexican force

exceeded 5000 men, with seven pieces of artillery and 800 cavalry. The

American troops were 2300, with but two eighteen pounders and two light

batteries. The loss of the Americans was comparatively trifling. Two

brave officers were severely wounded. Major Ringgold and Captain Page,

the former of whom soon after died. The loss of the Mexicans, according

to the official report of General Arista, was, in killed, 98――wounded

and missing, 142. The American army encamped on the field.

On the following day, General Taylor again moved with his forces

towards his camp opposite Matamoras; and, on reaching Resaca de la

Palma, a few miles only from his destination, he again encountered

the enemy, and a battle, shorter in its continuance, but far more

severe, ensued. The Americans were still more triumphant, capturing

eight pieces of artillery, with a large quantity of ammunition; three

standards, and several hundred prisoners, among whom was General

La Vega. The loss of the Americans in this action exceeded that of

the preceding day. According to the report of General Taylor in both

actions there were 3 officers and 40 men killed, and 13 officers and

400 men wounded. General Arista reported as killed, officers and men,

154; wounded, 205, and missing, 156; making a total of 515.

“The glory of the American arms,” says a writer, “never shone brighter

than in the brilliant contest of Palo Alto of the 8th, and in the even

more brilliant contest of Resaca de la Palma of the 9th of May. On both

days our soldiers

“‘Fought like brave men, long and well.’

“They fought at great odds, with a foe superior in numbers, and

in a position which the enemy had selected. But these only gave

opportunities for more striking displays of personal valor. These

disadvantages only served to show the decided superior power of the

American arms.”

It was the wish of the American general to follow up the advantage thus

obtained, but having no adequate means of crossing the river, he was

obliged to content himself with the victories he had won. The American

force once more took up its quarters at the camp opposite Matamoras,

while the Mexican general retreated up higher into the country.

While affairs were thus progressing in the south between the two

contending armies, an intense interest was kindling up in every

part of the United States――and while, with but few exceptions, the

people regretted the occurrence of any misunderstanding with Mexico,

a general sympathy was felt for the American army (intelligence had

not yet been received of the battles of the 8th and 9th,) environed

as it was supposed to be by a superior force, and nearly destitute of

supplies. In this state of things, a bill for “an act providing for the

prosecution of the existing war, &c., was introduced into congress, the

preamble to which was as follows. “Whereas, by the act of the republic

of Mexico, a state of war exists between that government and the United

States,” &c. To this preamble strong objections were expressed by some,

but the bill, nevertheless passed both houses by large majorities. By

this act, the President was authorized to employ the militia, naval,

and military forces of the United States, and to call for, and accept

the services of any number of volunteers not exceeding 50,000, either

cavalry, artillery, infantry, or riflemen, &c. Besides the above, the

regular army was increased several thousand, the enlistments being made

for five years.

On the day the foregoing act was approved, the President issued his

proclamation announcing the existence of war, “by the act of the

republic of Mexico,” and calling upon the “good people of the United

States to exert themselves in preserving order, and in maintaining

the authority of the laws, and in supporting such measures as might be

adopted for obtaining a speedy, a just, and an honorable peace.”

The winter had been spent by congress in the discussion of topics

of great national interest, among which the most prominent related

to Oregon; and particularly to the question arising out of the

recommendation of the President in his annual message, whether the

convention of August 6th, 1827, between the United States and Great

Britain, in relation to the joint occupation of that territory, should

be abrogated by giving to the latter government the year’s notice

required by said convention.

A Book of the United States Exhibiting its geography, divisions, constitution, and government ... and presenting a view of the republic generally, and of the individual states; together with a condensed history of the land, from its first discovery to the present time. The biography of about two hundred of the leading men: a description of the principal cities and towns; with statistical tables · 第 34 / 37 章