CHAPTER CXX.

REPEAL OF THE BANKRUPT ACT: ATTACK OF MR. CUSHING ON MR. CLAY:

ITS REBUKE.

This measure was immediately commenced in the House of

Representatives, and pressed with vigor to its conclusion. Mr.

Everett, of Vermont, brought in the repeal bill on leave, and

after a strenuous contest from a tenacious minority, it was passed

by the unexpected vote of two to one--to be precise--140 to 72.

In the Senate it had the same success, and greater, being passed

by nearly three to one--34 to 13: and the repealing act being

carried to Mr. Tyler, he signed it as promptly as he had signed

the bankrupt act itself. This was a splendid victory for the

minority who had resisted the passage of the bill, and for the

people who had condemned it. The same members, sitting in the same

chairs, who a year and a half before, passed the act, now repealed

it. The same President who had recommended it in a message, and

signed the act as soon as it passed, now signed the act which put

an end to its existence. A vicious and criminal law, corruptly

passed, and made the means of passing two other odious measures,

was itself now brought to judgment, condemned, and struck from the

statute-book; and this great result was the work of the people.

All the authorities--legislative, executive, and judicial--had

sustained the act. Only one judge in the whole United States (R. W.

Wells, Esq., United States district judge for Missouri), condemned

it as unconstitutional. All the rest sustained it, and he was

overruled. But the intuitive sense of honor and justice in the

people revolted at it. They rose against it in masses, and condemned

it in every form--in public meetings, in legislative resolves, in

the press, in memorials to Congress, and in elections. The tables

of the two Houses were loaded with petitions and remonstrances,

demanding the repeal, and the members were simply the organs of the

people in pronouncing it. Never had the popular voice been more

effective--never more meritoriously raised. The odious act was not

only repealed, but its authors rebuked, and compelled to pronounce

the rebuke upon themselves. It was a proud and triumphant instance

of the innate, upright sentiment of the people, rising above all

the learning and wisdom of the constituted authorities. Nor was

it the only instance. The bankrupt act of forty years before,

though strictly a bankrupt act as known to the legislation of all

commercial countries, was repealed within two years after its

passage--and that by the democratic administration of Mr. Jefferson:

this of 1841, a bankrupt act only in name--an act for the abolition

of debts at the will of the debtor in reality--had a still shorter

course, and a still more ignominious death. Two such condemnations

of acts for getting rid of debts, are honorable to the people,

and bespeak a high degree of reverence for the sacred obligations

between debtor and creditor; and while credit is due to many of the

party discriminated as federal in 1800, and as whig in 1840 (but

always the same), for their assistance in condemning these acts,

yet as party measures, the honor of resisting their passage and

conducting their repeal, in both instances, belongs to the democracy.

The repeal of this act, though carried by such large majorities, and

so fully in accordance with the will of the people, was a bitter

mortification to the administration. It was their measure, and one

of their measures of "relief" to the country. Mr. Webster had drawn

the bill, and made the main speech for it in the Senate, before he

went into the cabinet. Mr. Tyler had recommended it in a special

message, and promptly gave it his approving signature. To have to

sign a repeal bill, so soon, condemning what he had recommended and

approved, was most unpalatable: to see a measure intended for the

"relief" of the people repulsed by those it was intended to relieve,

was a most unwelcome vision. From the beginning the repeal was

resisted, and by a species of argument, not addressed to the merits

of the measure, but to the state of parties, the conduct of men, and

the means of getting the government carried on. Mr. Caleb Cushing

was the organ of the President, and of the Secretary of State in the

House; and, identifying himself with these two in his attacks and

defences, he presented a sort of triumvirate in which he became the

spokesman of the others. In this character he spoke often, and with

a zeal which outran discretion, and brought him into much collision

with the House, and kept him much occupied in defending himself,

and the two eminent personages who were not in a position to speak

for themselves. A few passages from these speeches, from both sides,

will be given to show the state of men and parties at that time,

and how much personal considerations had to do with transacting the

business of Congress. Thus:

"Mr. Cushing, who was entitled to the floor, addressed the House

at length, in reply to the remarks made by various gentlemen,

during the last three weeks, in relation to the present

administration. He commenced by remarking that the President

of the United States was accused of obstructing the passage

of whig measures of relief, and was charged with uncertainty

and vacillation of purpose. As these charges had been made

against the President, he felt it to be his duty to ask the

country who was chargeable with vacillation and uncertainty of

purpose, and the destruction of measures of relief? Who were

they who, with sacrilegious hands, were seeking to expunge

the last measure of the 'ill-starred' extra session from the

statute-books? Forty-seven whigs, he answered, associated with

the democratic party in the House, and formed a coalition to

blot out that measure. He repeated it: forty-seven whigs formed

a coalition with the democrats to expunge all the remains of the

extra session which existed. For three weeks past, there had

been constantly poured forth the most eloquent denunciations

of the President, of the Secretary of State, and of himself.

He might imagine, as was said by Warren Hastings when such

torrents of denunciation were poured out upon him, that there

was some foundation for the imputation of the orators. He should

inquire into the merits of the political questions, and into the

accusations made against him. He was told that he had thrown a

firebrand into the House--that he had brought a tomahawk here.

He denied it. He had done no such thing. It was not true that he

commenced the debate which was carried on; and when gentlemen

said that he had volunteered remarks out of the regular order,

in reply to the gentleman from Tennessee [Mr. ARNOLD], he

told them that they were not judges. His mode of defence was

counter-attack, and it was for him to judge of the argument. If

he carried the war into the enemy's camp, the responsibility was

with those who commenced the attack."

Mr. Clay, though retiring from Congress, and not a member of the

House of Representatives, was brought into the debate, and accused

of setting up a dictatorship, and baffling or controlling the

constitutional administration:

"The position of the two great parties, and those few who

stood here to defend the acts of the administration, was

peculiar. Our government was now undergoing a test in a new

particular. This was the first time that the administration of

the government had ever devolved upon the Vice-President. Now,

he had called upon the people and the House to adapt themselves

to that contingency, and support the constitution; for with the

'constitutional fact' was associated the party fact; and whilst

the President was not a party chief, there was a party chief of

the party in power. The question was, whether there could be

two administrations--one, a constitutional administration, by

the President; and the other a party administration, exercised

by a party chief in the capitol? With this issue before

him--whether the President, or the party leader--the chief in

the White House, or the chief in the capitol--should carry on

the administration--he felt it to be a duty which he owed to the

government of his country to give his aid to the constitutional

chief. That was the real question which had pervaded all our

contests thus far."

Such an unparliamentary reference to Mr. Clay, a member of a

different House, could not pass without reply in a place where he

could not speak for himself, but where his friends were abundant.

Mr. Garret Davis, of Kentucky, performed that office, and found in

the fifteen years' support of Mr. Clay by Mr. Cushing (previous to

his sudden adhesion to Mr. Tyler at the extra session), matter of

personal recrimination:

"Mr. Garret Davis replied to the portion of the speech of the

gentleman from Massachusetts [Mr. CUSHING] relating to the

alleged dictation of the ex-senator from Kentucky [Mr. CLAY].

The gentleman from Massachusetts declared that there were but

two alternatives--one, a constitutional administration, under

the lead of the President; and the other, a faction, under the

lead of the senator from Kentucky. Such remarks were no more

nor less than calumnies on that distinguished man; and he would

ask the gentleman what principle Mr. Clay had changed, by which

he had obtained the ill-will of the gentleman, after having had

his support for fifteen years previous to the extra session?

He asked, Did the senator from Kentucky bring forward any new

measure at the extra session? Did he enter upon any untrodden

path, in order to embarrass the path of John Tyler? No, was the

answer."

Reverting to the attacks on the administration, Mr. Cushing

considered them as the impotent blows of a faction, beating its

brains out against the immovable rock of the Tyler government:

"It was now nearly two years since, in accordance with a vote

of the people, a change took place in the administration

of the government. Since that time, an internecine war had

arisen in the dominant party. The war had now been pursued

for about one year and a half; but, in the midst of it, the

federal government, with its fixed constitution, had stood,

like the god Terminus, defying the progress of those who were

rushing against it. The country had seen one party throw itself

against the immovable rock of the constitution. What had been

the consequence? The party thus hurling itself against the

constitutional rock was dashed to atoms."

Mr. Cushing did not confine his attempts to gain adherents to

Mr. Tyler, to the terrors of denunciations and anathemas: he

superadded the seductive arguments of persuasion and enticement, and

carried his overtures so far as to be charged with putting up the

administration favor to auction, and soliciting bidders. He had said:

"Now he would suppose a man called to be President of the United

States. It mattered not whether he was elected, or whether

the office devolved upon him by contingencies contemplated in

the constitution. He was President. What, then, was his first

duty? To consider how to discharge his functions. He (Mr. C.)

thought the President was bound to look around at the facts,

and see by what circumstances he was supported. Gentlemen might

talk of treason; much had been said on that subject; but the

question for the individual who might happen to be President to

consider was, How is the government to be carried out? By whose

aid? He (Mr. Cushing) would say to that party now having the

majority (and whom, on account of that circumstance, it was more

important he should address), that if they gave him no aid, it

was his duty to seek aid from their adversaries. If the whigs

continue to blockade the wheels of the government, he trusted

that the democrats would be patriotic enough to carry it on."

Up to this point Mr. Cushing had addressed himself to the whigs to

come to the support of Mr. Tyler: despairing of success there he now

turned to the democracy. This open attempt to turn from one party

to the other, and to take whichever he could get, turned upon him a

storm of ridicule and reproach. Mr. Thompson, of Indiana, said:

"The gentleman seemed to have assumed the character of

auctioneer for this bankrupt administration, and he took it that

the gentleman would be entitled to a good part of its effects.

This was the first time in the history of any civilized country

that a government had, through the person of its acknowledged

leader--a man doing most of its speaking, and much of its

thinking--stalked into a representative assembly, and openly

put up the administration in the common market to the highest

bidder."

But Mr. Cushing did not limit himself to seductive appliances in

turning to the democracy for support to Mr. Tyler: he dealt out

denunciation to them also, and menaced them with the fate of the

shattered whig party if they did not come to the rescue. On this Mr.

Thompson remarked:

"The gentleman also told the minority that they would be dashed

to pieces, like their predecessors, unless they came into the

measures of the President; but it yet remained to be seen

whether he would get a bid. Judging from the expression of

opinion by the leading organ of the democratic party, he (Mr.

T.) was inclined to think that no bid would be offered by a

portion of that party. He thought, from givings-out, in various

quarters, that the President would ultimately have to resort to

this 'constitutional fact,' to defend himself against a large

portion even of that party. Indeed, it was doubtful whether

there would be bidders from either side."

Mr. Cushing had said that there were persons connected with the

administration who would yet be heard of for the Presidency, and

seemed to present that contingency also as a reason why support

should be given it. To this intimation Mr. Thompson made an

indignant reply:

"He recollected well--though he was very young at the time, and

not prepared to take part in the political discussions of the

day--that, during the administration of the distinguished and

venerable gentleman from Massachusetts [Mr. ADAMS] there arose

in this country a party, who, upon the bare supposition (which

was dispelled on an examination of the facts)--upon the bare

suspicion that there was what was called a bargain, intrigue,

and management between the then head of the administration,

and another distinguished citizen who was a member of his

cabinet, made it a subject of the most bitter and vindictive

denunciation. Yet, notwithstanding that this part of our

history was still fresh in the recollection of the gentleman

from Massachusetts--when we see, in this age of republican

liberty, a gentleman descended from a line of illustrious

Revolutionary ancestry--coming, too, almost from the very Cradle

of Liberty, and acting as the organ of the administration on

this floor--boldly, shamelessly, and unblushingly offering

the spoils of office as a consideration for party support,

we may well have cause for alarm. How many clerkships were

there in Philadelphia to be disposed of in this manner? From

the collector down to the lowest tide-waiter, the power of

appointment was to be directed for the purpose of operating on

the coming presidential contest. Who, now, would charge the whig

party with shaping their measures with a view to the elevation

of a particular individual, after hearing the bold and open

avowal from the gentleman that the present administration would

shape their measures for the purpose of operating on the coming

contest? But (said Mr. T.) there was something exceedingly

ridiculous in the idea of the administration party--and such a

party, too!--coming into the Representative hall, and telling

its members that it had the power to dispose of the various

candidates for the Presidency at its pleasure, and controlling

the votes of nearly three millions of freemen by means of its

veto power, and the power of appointment and removal."

Mr. Cushing had belonged to the federal party, since called whig,

up to the time that he joined Mr. Tyler, and had been all that time

a fierce assailant of the democratic party: the energy with which

he now attacked that party, and the warmth with which he wooed the

other, brought on him many reproaches, some rough and cutting--some

tender and deprecatory; as this from Mr. Thompson:

"The gentleman exulted in the fate of the whig party, and told

them with much satisfaction that their party was destroyed. Now,

let him ask the gentleman, in the utmost sincerity of his heart,

whether he did not feel some little mortification and regret

when he saw the banner under which he had so often rallied

trailing in the dust, and trampled under the feet of those

against whom he had fought for so many years?"

Foremost of the whigs in zeal and activity, Mr. Cushing, as one

of the most prominent men of the party, was appointed when the

presidential vote of 1840 was counted in the House, as one of the

committee of two to wait upon General Harrison and formally make

known to him his election. In two months afterwards General Harrison

died--Mr. Tyler became President and quit the whigs: Mr. Cushing

quit at the same time; and not content with quitting, threw all the

obloquy upon them which, for fifteen years, he had lavished upon

the democracy; and in quitting the whigs he reversed his conduct

in all the measures of his life, and without giving a reason for

the change in a single instance. Mr. Garret Davis summed up these

changes in a scathing peroration, from which some extracts are here

given:

"The gentleman occupies a strange position and puts forth

extraordinary notions, considering the measures and principles

which he always, until the commencement of this administration,

advocated with so much zeal and ability I had read many of

his speeches before I knew him. I admired his talents and

attainments; I approved of the soundness of his views, and

was instructed and fortified in my own. But he is wonderfully

metamorphosed; and I think if he will examine the matter

deliberately, he will find it to be quite as true, that he has

broken his neck politically in jumping his somersets, as that

'the whig party has knocked out its brains against the fixed

fact.' He tells us that party is nothing but an association of

men struggling for power; and that he contemns measures--that

measures are not principles. The gentleman must have been

reading the celebrated treatise, 'The Prince,' for such dicta

are of the school of Machiavelli; and his sudden and total

abandonment of all the principles as well as measures, to which

he was as strongly pledged as any whig, good and true, proves

that he had studied his lesson to some purpose. At the extra

session of 1837, he opposed the sub-treasury in a very elaborate

speech, in which we find these passages: 'We are to have a

government paper currency, recognizable by the government of

the United States, and employed in its dealings; but it is to

be irredeemable government paper? 'If the scheme were not too

laughingly absurd to spend time in arguing about it seriously;

if the mischiefs of a government paper currency had not had an

out-and-out trial both in Europe and America, I might discuss it

as a question of political economy. But I will not occupy the

committee in this way. I am astounded at the fatuity of any set

of men who can think of any such project.' This is what he said

of the sub-treasury. Now, he is the unscrupulous advocate of

the exchequer, a measure embodying both the sub-treasury and a

great organized government bank, and fraught with more frightful

dangers than his own excited imagination had pictured in the

whole three years.

"He was one of the stanchest supporters of a United States bank.

He characterized 'the refusal of the late President (Jackson) to

sign the bill re-chartering the bank, like the removal of the

deposits, to be in defiance and violation of the popular will,'

and characterized as felicitous the periods of time when we

possessed a national bank, and as calamitous the periods that we

were without them, saying--'Twice for long periods of time, have

we tried a national bank, and in each period it has fulfilled

its appointed purpose of supplying a safe and equal currency,

and of regulating and controlling the issues of the State

banks. Twice have we tried for a few years to drag on without a

national bank, and each of these experiments has been a season

of disaster and confusion.' And yet, sir, he has denied that he

was ever the supporter of a bank of the United States, and is

now one of the most rabid revilers of such an institution.

"He was for Mr. Clay's land bill; and he has abandoned, and

now contemns it. No man has been more frequent and unsparing

in his denunciations of General Jackson; and now he is the

sycophantic eulogist of the old hero. He was the unflinching

defender of the constitutional rights and powers of Congress.

This administration has not only resorted to the most flagitious

abuse of the veto power, but has renewed every other assault,

open or insidious, of Presidents Jackson and Van Buren upon

Congress, which he, at the time, so indignantly rebuked; and he

now justifies them all. He has gone far ahead of the extremest

parasites of executive power. John Tyler vetoed four acts of

Congress which the gentleman had voted for, and strange, by

his subtle sophistry, he defended each of the vetoes; and most

strange, when the House, in conformity to the provisions of

the constitution, voted again upon the measures, his vote was

recorded in their favor, and to overrule the very vetoes of

which he had just been the venal advocate."

This versatility of Mr. Cushing, in the support of vetoes, was

one of the striking qualities developed in his present change of

parties. He had condemned the exercise of that power in General

Jackson in the case of the Bank of the United States, and dealt

out upon him unmeasured denunciation for that act: now he became

the supporter of all the vetoes of Mr. Tyler, even when those

vetoes condemned his own votes, and when they condemned the fiscal

bank charter which Mr. Tyler himself had devised and arranged for

Congress. He became the champion, unrivalled, of Mr. Webster and Mr.

Clay, defending them in all things; but now in attacking Mr. Clay

whom he had so long, and until so recently, so closely, followed and

loudly applauded, he became obnoxious to the severe denunciations of

that gentleman's friends.

Thirty Years' View (Vol. 2 of 2) or, A History of the Working of the American Government for Thirty Years, from 1820 to 1850 · 第 120 / 202 章