CHAPTER XVIII

POLITICS AND STATE RIGHTS

The circumstances of his election made the position of President Adams

one of very great difficulty. He alluded to his embarrassment in his

first message to Congress. "Less possessed of your confidence in advance

than any of my predecessors," said he, "I am deeply conscious of the

prospect that I shall stand more and oftener in need of your

indulgence." It is doubtful, however, if even he appreciated the

momentum of the forces which were already combining to discredit his

administration. In October, the legislature of Tennessee had again

nominated Jackson for the Presidency, and he had accepted the nomination

as a summons to wage war upon the forces of evil in high places. The

campaign of 1828, indeed, had already begun: and it was to be a campaign

of personal vindication as well as of popular rights.

Under similar circumstances most men would have made sure of the loyalty

of their constitutional advisers, at least, but Adams flattered himself

that he could carry on a non-partisan administration. The results were

disastrous, for at least two of the Cabinet were not above using the

patronage of office to further the cause of Jackson. In his laudable

desire not to allow the Government to become "a perpetual and

unintermitting scramble for office," Adams refused to make removals in

the civil service on partisan grounds, yet he retained in office

underlings who labored incessantly in the cause of the opposition.

Equally impolitic was the attitude of the President toward questions of

public policy in his first message to Congress. Just when the opposition

was in a fluid state and the winds of conflicting doctrines were

ruffling the surface of national politics, Adams gave utterance to

opinions on the functions of government which were bound to alienate

many of his followers. Entertaining no doubts as to constitutional

limitations upon the powers of the National Government, he advocated not

only the construction of roads and canals, but the establishment of

observatories and a national university. His program included

governmental aid to the arts, mechanical and literary, and to the

sciences, "ornamental and profound." He was prepared to give

encouragement not only to manufacturing but to agriculture and to

commerce. Many of these were objects which President Jefferson had

recommended to the consideration of Congress in 1806; but whereas he had

urged the adoption of amendments to the Constitution which would

authorize Congress to provide for roads and canals and education, Adams

seemed oblivious to the limitations of the Constitution. In much alarm

Jefferson suggested to Madison the desirability of having Virginia adopt

a new set of resolutions, bottomed on those of 1798, and directed

against the acts for internal improvements. In March, 1826, the general

assembly declared that all the principles of the earlier resolutions

applied "with full force against the powers assumed by Congress" in

passing acts to protect manufactures and to further internal

improvements. That the Administration would meet with opposition in

Congress, whatever its program might be, was a foregone conclusion. The

only question was whether the diverse and mutually hostile factions

which had followed the fortunes of Crawford, Calhoun, and Jackson could

coalesce into a consistent opposition. The first test occurred when the

Administration proposed the Panama mission.

The overthrow of the authority of Spain in South America had left the

way clear for the long-projected union of the republics. Early in the

year 1825, the ministers of Mexico, Guatemala, and Colombia waited on

Clay to learn whether the United States would accept an invitation to a

great council or congress which had been called by the revolutionist

Bolivar, now President of Colombia. The project appealed strongly to

Clay. A league of young republics in the New World to offset the Holy

Alliance in Europe was, as his biographer remarks, "one of those large,

generous conceptions well calculated to fascinate his ardent mind." The

imagination of the President was not so easily touched: he instructed

Clay to inquire more particularly into the purposes of the congress.

The condition of affairs in the countries bordering on the Caribbean

Sea--the American Mediterranean--was such, indeed, as to justify extreme

caution in dealing with the Latin-American republics. It was matter of

common knowledge that Colombia and Mexico had designs upon Cuba, the

last of the Spanish outposts in the New World. So long as Spain

continued at war with her old colonies, the United States was bound to

be uneasy about the fate of Cuba and Porto Rico. Even if the islands

were liberated by the republican armies of Central and South America,

they were likely to fall a prey to some European power. The appearance

of a French fleet off the coast of Cuba during the summer of 1825 gave

point to these not unwarranted apprehensions. It was rumored that Cuba

was to be made the basis for an expedition against Mexico in behalf of

Spain. This episode prompted Clay to make strong representations to

France that the United States could not consent to the occupation of

Cuba by any other European power.

When, then, a formal invitation came to participate in the Panama

Congress, the Administration determined to seize the occasion to

exercise a wholesome restraint by friendly advice upon the assembled

delegates of the republics, and at the same time to ascertain their

purposes. In asking the Senate to confirm the nomination of two

delegates, however, the President voiced his own expectation of what the

Congress would be and do, rather than the purposes of Bolivar and his

associates. The occasion would be favorable, the President intimated,

for the discussion of commercial reciprocity, of neutral rights, and of

principles of religious liberty. An alliance with the Latin-American

republics was not contemplated. On the contrary, the delegates from the

United States would urge "an agreement between all of the parties

represented at the meeting, that each will guard by its own means

against the establishment of any future European colony within its

borders." At this stage in its evolution the Monroe Doctrine was not

understood to include any obligation on the part of the United States to

police the territories of the lesser republics of the New World.

The instructions given to the envoys leave no doubt as to the intentions

of the Administration. Every possible endeavor was to be made to

dissuade Colombia and Mexico from their designs upon Cuba and Porto

Rico. The recognition of Hayti as an independent state was to be

deprecated. In short, the _status quo_ in the Caribbean Sea was to be

maintained; and throughout, the congress was to be regarded as a

diplomatic conference and in no wise as a convention to constitute a

permanent league of republics.

Nevertheless, the opposition in Congress persisted in misrepresenting

the President's purposes. It was pointed out that the republics to the

south very generally believed that the United States was pledged by

Monroe's message to make common cause with them when their independence

was threatened. "Are we prepared," asked Hayne, of South Carolina, "to

send ministers to the Congress of Panama for the purpose of making

effectual this pledge of President Monroe as construed by the present

administration and understood by the Spanish-American states?" With

greater sincerity Southern Representatives protested against

participating in a congress which proposed to discuss the suppression

of the slave trade and the future of Hayti. "Slavery in all its

bearings," said Hayne, "is a question of extreme delicacy, concerning

which there is but one safe rule either for the States in which it

exists or for the Union. It must ever be treated as a domestic question.

To foreign governments the language of the United States must be that

the question of slavery concerns the peace and safety of our political

family, and that we cannot allow it to be discussed." Least of all, he

continued, could the United States touch the question of the

independence of Hayti in connection with revolutionary governments which

had marched to victory under the banner of universal emancipation and

which had permitted men of color to command their armies and enter their

legislative halls.

In the end the Administration had its way and the nominations were

confirmed; but the delay was most unfortunate. On their way to the

Isthmus, one of the delegates died, and the other arrived too late to

take part in the congress. From the viewpoint of domestic politics, the

controversy over the mission was only an incident in the evolution of a

party within the bosom of the Democratic party. The animus of the

opposition is revealed in the often-quoted remark of Martin Van Buren,

who was trying to drill the varied elements in the Senate into a

coherent organization: "Yes, they have beaten us by a few votes, after a

hard battle; but if they had only taken the other side and refused the

mission, we should have had them."

Of far more serious import than this factional opposition in Congress

was the resistance which the authorities of Georgia offered to the

National Administration in the matter of Indian lands. On March 5, 1825,

the Senate ratified the Treaty of Indian Springs with the Creek Indians,

which provided for the cession of practically all the lands of the tribe

between the Flint and Chattahoochee Rivers. For years the planters of

Georgia had coveted these fertile tracts, awaiting with impatience the

negotiations of the Federal Government with the reluctant Indians.

Although the title to the lands was not to pass to Georgia until

September 1, 1826, Governor Troup ordered them to be surveyed with a

view to their immediate occupation. Meantime, well-founded charges were

current that the treaty had been made by a faction among the Creeks,

without the consent of the responsible chiefs. President Adams at once

ordered the state authorities to desist from their survey; but the

governor replied that Georgia was convinced of the validity of the

treaty and fully determined to enter into possession of her own. The

tone of the governor's letter was ominous. Nevertheless, the President

instituted negotiations for a new treaty. The diplomatic shifts resorted

to by the Indian agents in this instance were not above suspicion, but

the President seemed to entertain no misgivings, for he assured the

Senate that the new Treaty of Washington (January 24, 1826) was the will

and deed of "the chiefs of the whole Creek Nation." The grant left the

Indians still in possession of some lands west of the Chattahoochee.

The feelings of all loyal Georgians were outraged by the course of the

Administration. The legislature protested against the Treaty of

Washington as "illegal and unconstitutional," and denounced the

President's action as "an instance of dictation and federal supremacy

unwarranted by any grant of powers to the General Government." "Georgia

owns exclusively the soil and jurisdiction of all the territory within

her present chartered and conventional limits," read the resolutions of

December 22, 1826. "She has never relinquished said right, either

territorial or jurisdictional, to the General Government."

The ebullient governor hardly needed the indorsement of the legislature.

He pushed on the surveys to the limits set by the original treaty. But

the surveyors soon met with resistance from the Indians; and the Indians

appealed to the President. The Secretary of War then notified Troup that

the President felt himself compelled to employ all the means under his

control to maintain the faith of the nation and to carry the treaty into

effect. Governor Troup replied defiantly that the "military character of

the menace" was well understood. "You will distinctly understand,

therefore, that I feel it my duty to resist to the utmost any military

attack.... From the first decisive act of hostility, you will be

considered and treated as a public enemy, and with less repugnance

because you, to whom we might constitutionally have appealed for our

defense against invasion, are yourselves the invaders, and, what is

more, the unblushing allies of the savages whose course you have

adopted." He at once issued orders to the state military officers to

hold the militia in readiness to repel any invasion of the soil of

Georgia.

The tension which had now become acute was relieved by the intelligence

that the President had ordered the Indian agent to the Creeks to resume

negotiations for the cession of the rest of their lands. The governor

hastened to point out jubilantly that the President had beaten a

retreat. Meantime, the President had laid the whole matter before

Congress in a special message. A committee of the House advised the

purchase of the rest of the Indian lands, but in the mean time the

maintenance of the terms of the Treaty of Washington. A committee of the

Senate, however, with Benton as chairman, took an opposite view of the

situation, and deprecated any action looking toward the coercion of a

sister State. A treaty concluded with the Creeks in November, 1827,

fortunately satisfied all parties and put an end to this exciting

controversy--a controversy in which the President had played a lone and

not very successful hand.

In this same year (1827), another Indian problem of even greater

perplexity arose. The Cherokees of northwestern Georgia, who were ruled

by a group of intelligent half-breeds, declared themselves one of the

sovereign and independent nations of the earth, and drafted a

constitution which completely excluded the authority of the State of

Georgia. Again, in no uncertain language, Georgia asserted her title to

all the lands within her limits, regarding the Indians simply as

"tenants at her will"; but before the controversy reached an acute

stage Adams had surrendered the Presidency to General Andrew Jackson,

who had only contempt for Indian rights when they fell athwart the

purposes of honest white settlers.

In the midst of these protestations against federal intervention, the

legislature of Georgia sounded a note of defiance also in the matter of

the tariff. It was "their decided opinion an increase of Tariff duties

will and ought to be RESISTED by all legal and constitutional means."

Just what should be "the mode of opposition" they would not pretend to

say, but for the present they would content themselves with "the

peaceable course of remonstrating with Congress." This rather ominous

protest was inspired by the demands of certain manufacturers and

politicians who had assembled in convention at Harrisburg, Pennsylvania,

in the summer of 1827.

The woolen industry had profited least of all those which had been

protected by the Tariff of 1824. Not only had the slight advance in

rates been offset by the increase of the duty on raw wool, but the

effect of English competition in 1825 had been most depressing to the

woolen trade. A tariff bill to meet the wishes of the wool-growers and

woolen manufacturers had passed the House early in 1827, but had been

defeated in the Senate by the casting vote of the Vice-President. The

convention at Harrisburg was designed to create a public sentiment in

favor of the protected interests and to bring pressure from various

sources to bear upon Congress. The failure of the tariff bill in the

spring session had impressed upon woolen manufacturers the necessity of

securing allies.

The recommendations of the convention at Harrisburg were comprehensive.

Higher duties all along the line, from wool to glass, were urged. But

that which the promoters of the convention had most at heart was the

extension to woolens of the minimum principle already applied to cotton

fabrics. According to their demands, the _ad valorem_ duty on woolens

should range from forty to fifty per cent, assessed on minimum

valuations of fifty cents, two dollars and a half, four dollars, and six

dollars a yard. That is to say, goods valued at less than fifty cents a

yard were to be treated as though they had a value of fifty cents; and

all between fifty cents and two dollars and a half, as though they were

worth two dollars and a half; and so on--a system which offered a high

degree of protection to the cheaper fabrics in each group.

[Map: House Vote on Tariff Bill April 22, 1828]

The high hopes of the protectionists were only partially realized. In

the following session of Congress, economic interests became badly

tangled with political. The President and the greater part of his

supporters were protectionists. Indeed, it was openly charged by the

opposition that the Harrisburg Convention was a device of the Adams men

to promote his reelection. The opposition, on the other hand, was far

from united on the tariff question. The only affinity between Southern

planters and their Northern allies in the Middle and Western States was

hostility to the Administration. According to Calhoun, who in after

years made a frank avowal of his part in the intrigue, the opposition

determined to frame a tariff bill with a general high level of

duties to satisfy the Middle and Western States, but to increase

the duties on raw material which New England manufacturers needed. All

the stanch Jackson men were to unite in forcing this bill to a passage

without amendment. At the last moment, however, the Southern group were

to part company with their allies and to vote against the bill. The

Representatives from New England, and the supporters of the

Administration generally, would of course vote against the bill also,

and so compass its defeat. The odium would then fall upon the Adams men,

while the Jackson men could pose as the only whole-hearted advocates of

protection; and, finally, not the least factor in Calhoun's

calculations, the South would escape the toils of high protection. There

was only one hitch in this cleverly planned game. To the consternation

of the plotters, enough New England Representatives swallowed the bitter

dose to enact the bill.

The "tariff of abominations" deserves all the abuse which has been

heaped upon it. Shapen in political iniquity, it bore upon its face the

marks of its origin. High duties for which no one had asked were imposed

on certain raw material like pig and bar iron, and hemp, the better

quality of which was always in demand and never produced in the United

States. Items like the increased duty on molasses and the heavy duty on

sail-duck were added to make the bill distasteful to New England. But

the woolen industry suffered the most grievous disappointment. Instead

of the minimum principle advocated by the Harrisburg Convention, the Act

of 1828 established a minimum of one dollar between the minimal points

of fifty cents and two dollars and a half. Whereas the proposed rate

would have fixed a prohibitory duty on woolens costing about a dollar a

yard, the act allowed only a duty of forty-five per cent. "The dollar

minimum," as one of the aggrieved manufacturers put it, "was planted in

the very midst of the woolen trade."

Again the Middle States and the States of the Ohio Valley united in

support of the protective principle. New England was divided against

itself. Political considerations weighed heavily with those New

Englanders who like Webster voted for the bill. John Randolph hardly

exaggerated when he declared that "the bill referred to manufactures of

no sort or kind, except the manufacture of a President of the United

States."

BIBLIOGRAPHICAL NOTE

To the bibliography at the close of the preceding chapter only a few

titles need be added. The foreign policy of the Adams Administration

is well described in F. E. Chadwick's _The Relations of the United

States and Spain_ (1909). The stages in the Indian controversy may

be traced in U. B. Phillips's _Georgia and State Rights_ (American

Historical Association, _Report_, 1901), and in E. J. Hardin's _Life

of George M. Troup_ (1859). E. M. Shepard, _Martin Van Buren_

(1888), and T. D. Jervey, _Robert Y. Hayne and His Times_ (1909),

are important biographies. Josiah Quincy's _Figures of the Past_

(1883) contains some interesting sketches of Washington society,

while N. Sargent's _Public Men and Events_ (2 vols., 1875) supplies

an abundance of political gossip.

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