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.