'illiili n BOUGHT WITH THE INCOME FROM THE SAGE ENDOWMENT FUND THE GIFT OF 1891 A..3<^"ia./ ties, their similarity of ideas as to the equality of the States, and their wiUingness to take action to protect the needs of their sections. The political intimacy of Calhovm and Edwards began as early as 1821. On July 3 of that year Calhoun wrote Edwards : "You do not write me with any more f amiharity than what is perfectly accept- able." ^ In the skirmishing before the presidential campaign of 1824, Edwards evidently acted as the political representative of Calhoun in the Northwest and endeavored to extend his influence in that region as against Crawford's.* For example, Calhoun asked Edwards to get subscribers in the West for a Washington news- paper which was to be pro-Calhoun and anti-Crawford, and de- clared that he was anxious to hear from 'him soon, as much de- pended upon the West.' Contemporaneously, Calhoun deferred to > Adams, Memoirs, vm, 87-88. ' Niles's Register, xxxv., 313. / ' American Slate Papers, Public Lands, v, 793-97. * Ibid., 797. ' Edwards, History of Illinois, iS8-Sg. ' Ziti., 522-24. ' Calhoun to Edwards, June 22, 1822. (Ibid., 489-91.) PUBLIC LANDS AND TARIFF 1 9 Edwards on the policy of the leasing of lead mines: "I am much gratified with your statement as to the public feelings of the West witiirelation to the subject of lead mines. You have seen the course adopted by this Department and I hope it is such as to meet with your approbation." ^ The high value which Calhoun placed upon the assistance of Edwards at this time is shown by his writing to him, March 21, 1823 : "I must . . . express my belief that few men are more important at this moment as connected with domestic politics"; ^ and again, September 23: "Few men can have greater influence over the destiny of the country than yourself at this time." ' The correspondence of Edwards and Calhoun probably continued during the years with which we are immediately con- cerned, as may be inferred from an extract from the letter in which Calhoun thanked Edwards for siding with him in his breach with Jackson : " I have received the letters which you addressed me, and I am under obligations to you for your friendly feelings toward me. I did not answer them, because things were so situated that I could say nothing satisfactory." * Edwards and Calhoun did not agree in their interpretation of the Constitution, or in the methods of procedure which were pro- posed for remedying the needs of their sections. Edwards believed in the division of sovereignty between the general Government and the States, and he stated that each possessed "the sovereign au- thority within its own sphere, and none whatsoever outside of it" ; ^ while Calhoun clearly separated government from sovereignty, restricted the appUcation of the division to the powers of govern- ment, and ascribed the sovereignty solely to the people of the differ- ent States. To obtain the cession of the pubUc lands within the States to their rightful owners, Edwards advocated petitions to Congress by the States concerned, or a proceeding which would lead to a decision by the dburts; while Calhoun, to protect the South against the tariff, affirmed in the "Exposition" that each State had the right to nullify a federal law within its limits. Al- though Edwards did not go as far as Calhoun, still the practical ' Calhoun to Edwards, August 20, 1822. (Ibid., 491-92.) * Ibid., 494. 8 Edwards Papers, 211. * February 15, 1831, Edwards, History of Illinois, 496, ' Illinois House Journal, 1828-29, 21. 20 THE INFLUENCE OF THE PUBLIC LANDS effect of his ideas, if carried to their conclusion, would be to help -^ w the cause for which Calhoun was working — state-rights a^ against^ ^ a strong centralized government. At this time the Westerners regarded their States as in a state of dependence toward the central Government, and they were obliged continually to come to Con- gress as petitioners for concessions in individual cases, for grants of land for various purposes, and for a general amelioration of the land system. This woidd aU be done away with, if the Western States ' disposed of their own lands. By putting the Western States on f \ terms of equality with the older States, the tendency towards con- \\solidation would be weakened, and it was a consolidated National ^ Government which the South especially feared. Evidence of the approach of Calhoun and Edwards may be seen in the following letter of Duff Green to Edwards, January 6, 1829: "Yours of the 21st received. I am gratified to hear of your suc- cess, but permit me to caution you. You now hold a position which may do your friends here great injury. Caution and prudence on your part is therefore necessary. My own opinion is McLean as well as Van Buren and Calhoun looks to the Presidency. The di- vided and distracted state of things in the West will produce much speculation upon individuals and you enjoy enough of public men to know that whatever you may do or say will be attributed to an influence out of your State. "It is particularly desirable that the conflicting interests of our party be made to harmonize, and to prevent a premature collision, it is agreed on all hands that General Jackson shall hold a position for reelection if necessary or expedient; perhaps he may desire it, and if so, no one can prevent his reelection. "You will therefore plainly see the impropriety of getting up at this time any new organization of parties based upon any specula- tion as to competition between Van Buren and your personal friend.^ My own advice to you is to press your land question, get up and continue the discussion in the newspapers of your own State and other Western States. Make yourself the head of that measure ; and you will be forced into the Senate; if once there your triumph ' Calhoun is here referred to. Fish is of the opinion that Edwards desired to declare openly for Calhoun. (C. R. Fish, The Civil Service and the Patronage, 115.) PUBLIC LANDS AND TARIFF 21 over your old enemy is complete. Your views on the rights of the States are considered able and conclusive. No paper from your pen is calculated to do you more honor. It is an able and sound argu- ment, and the doctrine which it lays down must prevail. But you must come into public favor as the advocate of a measure, not of men. Your position in relation to the public lands brings you into company with the South and West and in direct conflict with the East. The consequences are easily forseen [sic], but the results will be the work of time, four years may not be enough. You as as well our anti-tariff friends run butt against the Supreme Court, which cannot resist the united force of the two questions." ^ It is possible that Green may have been writing entirely on his own responsibility, but it seems reasonable that he was representing Calhoun to some extent. In the first place, Green had acted before as an intermediary between Calhoun and Edwards.'' Besides, Green was already probably closer to Calhoun than to Jackson.' A comparison with Green's letter to Edwards, April 27, 1830, may be of assistance: — "I acknowledge the receipt of your last, in which you speak of the effect to be produced by the land question upon the next Presiden- tial election. . . . Van Buren no doubt desires General Jackson to be a candidate for reelection, under the belief that he can obtain an indorsement of the General's popularity . . . my own individual opinion is that General Jackson will not be a candidate, and that Mr. Calhoun will be the candidate of the South and West, and that he will also obtain the Democracy of New England. Pennsylvania, New York, and Ohio are more doubtful. "... Mr. Calhoun is daily gaining in strength, and he will rally 1 Edwards Papers, 379-81. ■■■ Green to Edwards, December 29, 1826. {Ihid., 266-67.) ' Amos Kendall's appointment to office was confirmed in the Senate by the casting vote of Calhoim, "perhaps for fear he would, if not confirmed, set up a newspaper in competition with Green's ' Telegraph' for the position of administration organ." (Sum- ner, Jackson, Revised Ed., 19, quoting Kendall's Autobiography, 371.) This might be taken to indicate that the Telegraph already had a slight Calhoim tinge. That Duff Green was not as close to Jackson as Van Buren may be seen from the failure of Green to control appointments in Illinois. Applicants approved by Edwards and Green had no chance against those indorsed by Van Buren. {Edwards Papers, 399-400, 427-29, 4SS-76, 548-49-) 22 TEE INFLUENCE OF TEE PUBLIC LANDS the South upon the subject of the Tariff and the Western lands. . . . I must refer you from time to time to my paper. To your practiced eyes there is no key wanting." ^ Green is clearly acting here as Calhoun's political lieutenant, and it is not unreasonable to presume that the process of becoming so extended back a considerable period, and possibly included the date of the-earlier letter. At all events, from cumvilative evidence we may safely conclude that Green was acting as the promoter of Calhoun's interests when he wrote Edwards, April 6, 1829. If this is true the indorsement of Edwards's views by the Telegraph has greater meaning: "The growing strength of the Western States and the great importance of the question, so ably argued by Governor Edwards in his message to the Legislature of Illinois, form our apology for occupying so large a space in our paper of to-day with his able argument on the constitutional rights of the new States. The opinion there expressed has been long entertained by us, and will, we have no doubt, become the imiversal opinion of the Wes- tern States. If our fellow-citizens of the West will place themselves upon their high constitutional rights instead of presenting them- selves to Congress in the attitude of mendicants, they will soon hold the balance of political power." ^ In making approaches to Edwards, Calhoun was without doubt planning to give in to the West on the public lands, and in return get assistance for the South in its fight for a lower tariff, and also for his candidacy for the presidency. In doing so he was looking on the public lands as a subject for sectional bargaining and a means of political advancement. With Edwards in the Senate and the West behind him, a powerful ally would be at hand. It was prob- ably with this view that Green encouraged Edwards to continue his agitation of the land question, and repeatedly urged him to come to Washington either as Senator or as Congressman.* The cause of Edwards, instead of being assisted by association with Calhoun, was in fact vitally injured. This was due to the bitter rivalry of Van Buren and Calhoun for the presidency. Van Buren evidently saw that Edwards was in a position to assist Cal- ' Edwards Papers, 488-89. > December 30, 1828. ' Edwards Papers, 429, 447, sS3i 57°. S78. PUBLIC LANDS AND TARIFF 23 houn, and so endeavored to decrease the influence of the Illinois Governor in his own State. ^y_the control of the patronage Van Vj Buren built up a powerful state organization/ hostile to Edwards's * i deas on the pub lic lands.^ Edwards's address ^ to the Legislature, December 7, 1830, was a reiteration of his arguments of two years before, and requested a careful investigation of the whole question of the right of the State to the public lands within its limits, with a view either of abandoning the claim altogether, or of adopting effectual means for forcing the general Government to recognize it. If Illinois as a State would not agree and memorialize Congress on the subject, the supporters of his doctrine could not expect Con- gress to take action. Fearing that his continuance in ofl&ce would prevent imion, Edwards ended by announcing his intention to with- draw into private life.^ The free land West, as represented by Ninian Edwards and his doctrines, had not gained by asso ciation with Calhoun, because the latter had had in view not only sectional interest but political am- ' _bition._ The presidenti al rivalry of Calhoim and Van Buren had been fought out in Illinois, a nd had resulted in the denial of Ed- wards's claim by the political leaders of his_pwn State and in the elimination o f Edwards as a political factor. However, the possi- bihty of an alliance between the South and West still remained, and the tendencies toward it had certainly been increased by the close relations between Edwards and Calhoun. The opportunity for strengthening the ties between the South and the West was soon provided by the aggression of the manufac- turing North Atlantic States in Congress. December 17, 1829, ^ Hunt, of Vermont, moved that the Committee on Public Lands be instructed to inquire into the expediency of distributing the net ■ Van Buren found ready tools in " Smith, Kinney & Co., '' who were trying to make themselves the heads of the Jackson party in Illinois, and were the bitter rivals of Edwards. (Edwards Papers, 451, 447, 504.) He strengthened them by seeing to it that only their men were appointed to office. (Ibid., 399-400, 427-29.) Those recom- mended by Edwards and indorsed by Green- had no chance of success. (Ibid., 455, 47S-76.) ^ Cong. Debates, 21st Cong., ist Sess., 487. ' Illinois House Journal, 1830-31, 8-50. * Edwards, urged by Green, ran for Congress in 1832, but was beaten by a Van Buren man. (Edwards Papers, 570, 578, 583, note.) 24 TEE INFLUENCE OF TEE PUBLIC LANDS annual proceeds of the public land sales among the States for edu- cation and internal improvements according to their proportionate representation in the House of Representatives.^ Hunt, to be sure, declared that his object was to establish a general system for the equal distribution of the returns from the public lands among all sections, to replace the present course of partial and unequal grants to particular States and institutions.'' In addition, the distribution plan was introduced to block the claim of the Western States to the land within their limits,' because it admitted as a premise that the United States owned the public domain. It was regarded by the South and West as a renewed attempt on the part of the North Atlantic States to settle the land question in accordance with their economic interests, and they immediately opposed it to protect themselves. Representatives of both sections declared that the proposal was premature, for the proceeds of the public lands would not be available for distribution imtil the national debt had been paid.^ The South believed that it was designed to perpetuate the tariff.^ Lewis, of Alabama, as a Southerner, declared that "it required very moderate foresight to perceive that the friends of the tariff would go en masse for this proposition. It will serve as a pre- text for keeping up the high rate of duties, and for continmng their exactions on the South. How, then, can Southern gentlemen who are opposed to the tariff vote for this proposition?" ^ Burges, of Rhode Island, rejoined that if Lewis "could imagine that any • Cong. Debates, 21st Cong., ist Sess., 477. January 18, 1830, Hunt substituted a select committee for the Committee on Public Lands. (House Journal, 21st Cong., 1st Sess., 180.) • Cong. Debates, 21st Cong., 1st Sess., 502. • Ibid., 456, 496, 522. ' Ibid., 484, 48s, 489, 497, soo, 505. ^ Ibid., 497, 539- The South had been put on its guard against distribution in any form by the bill, proposed by Dickerson, of New Jersey, February i, 1827, for taking five million dollars from the sinking fund, and distributing it among the States in the ratio of direct taxation (Cong. Debates, ig^ Cong., 2d Sess., 209), and' again, Janu- ary 13, 1829 (Cong. Debates, 20th Cong., 2d Sess., 28), Hayne, of South Carolina, had denounced the plan as a move on the part of " those who had a direct or indirect share in preserving the system of high duties" (ibid., 40), and had declared that these men were trying by all means to perpetuate the national debt, and so afford a pretext for a continued high tariff (ibid., 37). See also p. 41 for a similar statement by Berrien, of Georgia. • Cong. Debates, 21st Cong., ist Sess., 506. PUBLIC LANDS AND TARIFF 25 friend of the American System would support the resolution on the ground he had stated, it was more than he could imagine." ^ The South, notwithstanding the denial of the Northern manufacturers, persisted in regarding the distribution plan as a move on the part of the tariff interests. The Charleston Mercury termed it "a system of pubhc robbery devised by Yankee headwork to plunder the South. This is the perfection of the American system." '^ , The West natu- rally regarded distribution as hostile to all its plans for an amelio- ration of the existiQg methods of disposing of the pubhc domain. It saw that it could not obtain a reduction in price, preemption, a donation to settlers, or cession of refuse if the North Atlantic States once obtained a share in the proceeds from the land sales. Pettis, of Missouri, in a powerful speech voiced the attitude of the West. "The people of the new States justly contend," he said, "that the Government has lost sight of the chief object, that of setthng the country, and looks mainly to the money that is to be made from its own citizens. . . . If this[theadoptionof Hunt's resolution] be done, it will be considered the interest of the people of] the old States not only to relax their present system, but to adopt one more oner- ous. They will force their Representatives here to act as a set of heartless speculators, wringing from the poor cultivator of the soil the last cent of his earnings. It is in vain that gentlemen say to us, 'adopt this, our system of distribution and we wiU give you a hberal system of disposing of these lands.' We know that when the sys- tem shall have been fixed upon us we cannot escape. . . . Yes, sir, I am one of those that fear that the main objects of the prime movers and supporters of this resolution are ... to prevent the growth and settlementof the new States and to keep their population at home." ^ Thus Hunt's resolution endangered the economic interests of the 1 South and West, and influenced both to act together in opposition. The union of these two sections as against the North Atlantic States is seen in the vote on the distribution part of the resolution, Janu- ary 18, 1830.^ Of the 113 votes in favor, 83 came from the North ' Cong. Debates, 21st Cong., ist Sess., 522; see also 520. ' April 3, 1830; see also January 29, 1830. ' Cong. Debates, 21st Cong., ist Sess., 524-25, 530. ' Bouse Journal, 21st Cong., ist Sess., 181-82. The vote on the remainder of the 26 THE INFLUENCE OP THE PUBLIC LANDS Atlantic States, 15 from the South Atlantic States, 15 from Ohio and Kentucky, i from the Southwest. The 70 against were divided as follows: 10 from the North Atlantic States, 32 from the South Atlantic States, 13 from the Northwest, 15 from the Southwest. The alliance of the South and West would probably have been dis- played even more decisively if the vote had been regarded as a test vote.^ Meanwhile, on December 29, 1829, Samuel A. Foot, of Connecti- cut, had moved in the Senate that the Committee on Public Lands be instructed to inquire into the expediency of limiting for a certain period the sale of the public lands to those already in the market, and if wis£_Qf_ abolishing the office of Surveyor-General.^ Foot claimed that his object was merely to obtain information,' but evidence points to his motion being just as much an attempt to protect his section as Hunt's in the House of Representatives. In the first place. Foot was in the habit of acting vigorously against Western land plans. He had voted against Benton's graduation bill in 1828,* and had supported an amendment at that time which re- sembled closely his present motion.^ Again, in May, 1830, he voted against ^ Benton's bill, and tried to delay it by reference to the Committee on Public Lands with instructions to get certain infor- mation on the whole question from the General Land Office.' This resolution was taken January ig. It resulted in a vote of 97 to 88 on " for the purpose of education "; of 92 to 93 on " for the purpose of internal improvements " ; and of 1 1 7 to 76 on "in proportion to the representation of each in the House of Representa- tives." {Ibid., 184-87.) A bill appropriating the net proceeds from the sales of the public lands to the use of the several States and Territories was reported, March 18, 1830, by the select committee, but it progressed no further than being referred to the Committee of the Whole House on the State of the Union. {Ibid., 429.) » Some who were opposed voted for it from courtesy to its friends. {National Intelligencer, as quoted in Richmond Enquirer, January 23, 1830.) ' Cong. Debates, 21st Cong., ist Sess., 3. January 20, 1830, Foot modified his reso- lution so as to include the original proposition, and also " whether it would be expedi- ent to adopt measures to hasten the sales, and extend more rapidly the surveys of the public lands." {Ibid., 33.) ' Ibid., 4. * Cong. Debates, 20th Cong., 1st Sess., 678. ' John Chandler, of Maine, had moved, April 17, 1828, the following amendment to Benton's bill; "No land shall hereafter be offered for sale ... in any State where this act shall have its operation, until the further order of Congress." {Senate Journal, 20th Cong., 1st Sess., 308.) » Cong. Debates, 21st Cong., ist Sess., 427. ' Ibid., 423. ^ PUBLIC LANDS AND TARIFF 27 was a specious move because the Commissioner was sick/ and the information asked for was already before the Senate.^ A leading newspaper of Foot's own party and section admitted that Benton's schemes had been "met by Foot's resolution which will . . . secure to the Union the lands for some time to come." ' Possibly the manufacturers of the North Atlantic States, who saw the relation of cheap Western land to their labor supply/ were the instigators of Fo ot's reso lution. The close touch of Abbott Lawrence, a promi- y nent Massachusetts manufacturer, and Daniel Webster,* and the accusations of Jackson newspapers that Foot was acting for Web- ster ,^supported this view. The fact that no letters from New Eng- land manufactturers to"Eeir Representatives in Washington are extant cannot be used as an argument against attributing Foot's ' Cong. Debates, 21st Cong., ist Sess., 424. New York Evening Post, May 12, 1830. ' Ibid., 424-25. ' New York Daily Advertiser, January 26, 1830. * Abbott Lawrence admitted in 1837 that a reduction of the tariff and of the price of public lands would "drain the State of its population and wealth." (Letter of Lawrence to his constituents, March 25, 1837, in H. A. Hill's Memoirs of Abbott Lawrence, 20.) John Davis, Congressman from Massachusetts, declared, in Decem- ber, 1832, that the manufacturers would be excited into consternation by Jackson's proposal "to give away the public lands." {Journal of J. Davis, Davis MSS. [Wor- cester], in, no. 168, 6.) The influence of the public lands upon wages in the East was so generally recognized that foreign travelers remarked on it. Chevallier attributed the high wages in the Lowell mills to the vast pubhc domain, and stated that, when workingmen combined in America, it meant "Raise our wages, or we go West." (M. Chevallier, United States, 143-44.) * May 7, 1828, Abbott Lawrence wrote Daniel Webster: "The amendments offered by the Committee on Manufactures to the Tariff Bill in the Senate I have examined carefully, and so far as Woolens are concerned the bill is very much improved and is thought by many to be now good enough. I must say I think it would do much good, and that New England would reap a great harvest by having the bill adopted as it now is. . . . If nothing better can be had I am fully of opinion, both as regards the true interests of the country — and the political effects of accepting or rejecting it, that it will be wise to take it. This bill if adopted as amended will keep the South and West in debt to New England the next hundred years. I wrote you several days since and have had no reply to the question whether a bill would be obtained this Session." (Ogg Collection of Webster MSS.) November 16, 1838, Adams wrote in his diary: Abbott Lawrence "has been for many years devoted to Webster, and the main pillar of his support, both pecuniary and political." (Vol. x, 43.) ' The Hartford Times, March i, 1830, spoke of Foot as being "known now in the Senate as the humble tool of Webster." The Louisville Public Advertiser, May 27, 1830, referred to Webster as having failed "in the maneuver Foot made for him." 28 TEE INFLUENCE OF TEE PUBLIC LANDS resolution to the tariff interests. Indeed, the contrary might be presumed. Of course New England denied the imputations made against her.^ Pohtical economists of Loria's school would view Foot's proceeding as an attempt to guarantee the existence of the capitalistic economy in the East "by the exclusion of the laborer from access to the productive powers of the soil." ^ Benton attacked Foot's resolution, December 30, 1829, because he regarded it as a direct blow against the growth of the West. " It was clear," he declared, "that the effect, if the resolution should lead to correspondent legislation, would be to check emigration to the Western States." * He recounted the attempts of the North Atlantic States in the past to check the growth of the west,* and referred especially to Mr. Rush's recent Treasury Report,^ as a clear enunciation of the whole idea. "The manufactories," he con- tinued, "want poor people to do the work for small wages; these poor people wish to go to the West and get land; to have flocks and herds — to have their own fields, orchards, gardens, and meadows — their own cribs, bams, and dairies; and to start their children on a theater where they can contend with equal chances with other peoples' children for the honors and dignities of the country. This is what the poor people wish to do. How to prevent it — hoW to keep them from straying off in this manner — is the question. The late Secretary of the Treasury could discover no better mode than in the idea of a bounty upon non-emigration in the shape of protec- tion to . . . domestic manufactures. A most complex scheme of ' New York Advertiser, February 12, 1830, repeated in Boston Advertiser, February 15, 1830; Boston Courier, January 26, 1830; Lowell Journal, February 17, 1830. ' Loria, Economic Foundations of Society, $. ' Cong. Debates, 21st Cong., ist Sess., 4; see also 22-23. * Ibid., 24-26. • " It cannot be overlooked," wrote Rush in his report, December 8, 1827, " that the price at which fertile tracts of land may be bought of the Government . . . operate as a perpetual allurement to their purchase. ... It has served, and still serves, to draw, in an annual stream, the inhabitants from a majority of the States . . . into the settle- ' ment of fresh lands, lying still farther and farther off. ... It is not imagined that it would ever be practicable, even if it were desirable, to turn this stream of immigration aside; but resources open through the influence of the laws, in new fields of industry, to the inhabitants of the States already sufficiently peopled to enter upon them, might operate to lessen in some degree, and usefully lessen, its absorbing force." {Annals of Cong., 20th Cong., ist Sess., 2831-32.) PUBLIC LANDS AND TARIFF 2g injustice which taxes the South to injure the West to pauperize the poor of the North! All this is bad enough, but it is a trifle, a lame, weak, and impotent contrivance, compared to the scheme which is now on the table. This resolution which we are now con- sidering is the true measure for supplying the poor people which the factories need. It proposes to take away the inducement to emi- gration. It takes all the fresh lands out of the market. It stops the surveys, abolishes the office of Surveyor-General, confines the settlements, limits the sales to the refuse of iimiunerable pickings, and thus annihilates the very object of attraction — breaks and destroys the magnet which was drawing the people of the North- east to the blooming regionsof the West." ^ Benton considered that ' the West alone was not strong enough to meet the crisis, and that they must look for help where they had obtained it before, from the solid South and the scattering Democratic reinforcements in the Northeast.^ Robert Y. Hayne, Senator from South Carolina, the next day accepted the r61e of friend to the West which Benton had ascribed to the South. He denovmced the policy of those who desired to make the public lands the source of a great fund for permanent rev- enue, or to dispose of them so as to preserve a suitable laboring population for great manufacturing establishments.^ He advocated rather the poHcy of administering the public lands " chiefly with a view to the creation, within reasonable periods, of great and flour- ishing communities, to be formed into free and independent States; to be invested in due season with the control of all lands within their respective limits." ^ Hayne opposed the attitude of the North Atlantic States toward the public lands, not because he wanted the development of the West, but because the limiting of sales and the distribution of their net proceeds, besides affecting Southern tariff interests, would tend toward the consolidation of the Government, • and be fatal to the independence and sovereignty of the States. ^ Hayne, in joining Benton to resist Eastern aggression, was understood by contemporaries to be offering an alliance of the ' Cong. Debates, 21st Cong., ist Sess., 24. ' Ibid.,- 27. » Ibid., 34. * Ibid., 35. Hayne did n't favor gratuitous cession to the States, but cession for a reasonable price. 30 THE INFLUENCE OP THE PUBLIC LANDS South to the West. ' This was not said in so many words, but every ^ one saw that he was trying to point out to the West that both the South and the West had a common ground of muon in their opposi- tion to the tariff party of the North Atlantic States, who were injur- ing the West by trying to prevent their laboring population from emigrating and were oppressing the South by their high protection policy. It was generally believed that the terms of this sectional compact were for the South to give the public lands to the West, provided the West would go with the South in obtaining some modification of the tariff.^ Some thought that Hajoie was trjdng also to get the assistance of the West for the election of Calhoim to the presidency in 1832.^ The New York Daily Advertiser, declared that " Hayne said enough to give a clew to a combination which Mr. Calhoun and his party are attempting to form with the West," and that "Mr. Calhoim is to mount the Western land question as a hobby at the approaching presidential election." ^ The attempt of the Washington Telegraph to arouse the Jackson party to regard Webster's attack on the South and offer of protection to the West as an assault by the coalition party on the Jackson party,^ possibly with the intention of'imiting the administration party under Cal- houn's banner to resist federal attack, would support this view. Three months later, Duff Green wrote Ninian Edwards that Cal-~ • New York Evening Post, February 10, 1830, quoting the Philadelphia Gazette; Charleston Mercury, January 29, 1830; Washington Telegraph, January 23, 1830; Louisville Public Advertiser, February 22, 1830. '^ New York Commercial Advertiser, January 27, 1830; repeated in Boston Courier, February 6, 1830, and Maysville Eagle, February 16, 1830; New England Palladium, January 26, 1830. J.Q.Adams to Alexander H.Everett, April 15,1^^0, Am. Eist. Rev., XI, 335 ; Address of Essex County National Republican Convention to electors of Essex County, March 18, 1830. " New York Daily Advertiser, February s and 25, 1830; Louisville Public Advertiser, February 22, 1830; Charleston Courier, February 4, March 27, 1830; New England Palladium, March g, 1830; Adams, Memoirs, February 19, 1830, vni, 190. ' January 26, 1830. "> January 26, 1830. The New York Courier and Enquirer, the special organ of Van Buren and Jackson, considered Webster's attack as one of the attempts of the coali- tion party to stir up sectional excitement (February 2, 16, 1830), by which they ex- pected to regain power; it dwelt on the inflamed condition of the country prepara- tory to proposing the renomination of Jackson as the panacea, for he alone could quiet the storm. {Ibid., March 16, 1830.) PUBLIC LANDS AND TARIFF 3 1 houn, as the candidate of the South and West, would "rally the South upon the subject of the Tariff and Western Lands." ^ Webster heard with alarm Hayne's offer of alliance to the West, and endeavored to defeat the proposed union by denying that the Northeastern section of the Union had at any time shown hos- tility toward Western interests, and by maintaining, on the other hand, that it had been the constant friend of the West at all times, that the South had been hostile to it, and that there were no grounds for asserting the contrary.^ Webster then changed the subject to the question of state sovereignty which Hayne had mentioned the day before, and devoted the rest of his speech to a plea for the national interpretation of the Constitution. He ended by moving the indefinite postponement of Foot's resolution.^ Benton at once rebutted Webster's claim that New England had been the protec- tor of the West, and proceeded to argue by repeated cases that it was the South, rather, who had been the friend of the West. He cited the graduation bill, Hunt's resolution, and Foot's resolution as putting the seal on the relative affection which the South and East had for the West.* Then he declined " as publicly as it was proffered, the honor of that alliance which," he considered, had the day before been "vouchsafed to the West, if not in direct terms, at least by implication which no one misimderstood." ' Then followed bitter arguments by the representatives of the two Atlantic sections i/apon the claims which each had upon the confidence of the West.* Both the East and South were trying to prevent the alliance of the other with the West. "Nothing can more clearly demonstrate," declared the Washington correspondent of the Philadelphia Gazette, ' Edwards Papers, 489. ^ Cong. Debates, 21st Cong., ist Sess., 39-40, 64-66. ' Ibid., 41. Foot's resolution was finally tabled in pursuance of Webster's motion on May 21, 1830, without a vote. (,Ibid., 452.) Benton, however, had pointed out in debate that "so far as we can discover, without the report of yeas and nays, the Northeast, with the exception of the Senator from New Hampshire [Woodbury], are against us,'' and the South are "imanimous for us.'' (Ibid., 117.) « Ibid., 102-18. J ' Ibid., 97. See also Washington Telegraph, January 23, February 20, 1830; Charleston Mercury, January 29, 1830; Philadelphia Gazette, in New York Even- ing Post, February 10, 1830. ' Philadelphia Gazette, in New York Evening Post, February 10, 1830; Banner of the Constitution, in Charleston Mercury, February 4, 1830. 1/ 32 THE INFLUENCE OF THE PUBLIC LANDS "the general consciousness of the rising power and approaching ascendency of the Western portion of the Union than such an argu- ment. It seems conceded that the sceptre of dominion is passing West rapidly, and that the Atlantic States are contending already which shall stand first in the affections of their future rulers." ^ All agreed that Webster was tr)dng to defeat the proposed com- bination between the South and West, because it endangered the protective tariff.^ In addition, the administration newspapers construed Webster's step as a coaKtion move, because the union of feehng and action between the South and the West, which the de- bate on Foot's resolution was exhibiting, would destroy the plans of the opposition for regaining control.' "Webster's part," declared Benton the very next day, "was that of a prudent commander — to extricate his friends from a perilous position; his mode of doing it was iagenious, that of starting a new subject, and moving the in- definite postponement of the impending one. His attack upon the South was a cannonade, to divert the attention of the assailants; his concluding motion for indefinite postponement, a signal of retreat and dispersion to his entangled friends." ^ Thus Webster attacked Hayne and not Benton, because Hajme gave him the opening for changing the subject to consolidation.^ Besides, Hayne was offering the alliance to the West. Webster could not have attacked Benton, in spite of his being the original accuser of the East, because Webster still wanted to keep the West close to the East on the basis of internal improvements and a protective tariff. The success of Webster was variously interpreted. His party newspapers maintained that he had defeated the projected alliance between the South and the West,® and declared that the adminis- • As quoted in New York Evening Post, February lo, 1830. 2 New England Palladium, January 21, 1830; Maysville Eagle, February 16, 1830; New York Commercial Advertiser, January 27, 1830; Washington Telegraph, February 20, 1830. ' Philadelphia Gazette, as quoted in New York Evening Post, February 10, 1830; Louisville Public Advertiser, February 17, 1830; United States Telegraph, January 26, February 10, 1830; Eastern Argus, Portland, February 5, 1830; Boston Statesman, March 6, 1830. • Cong. Debates, 20th Cong., ist Sess., 96. ' Richmond Enquirer, February 13, 1830. « New England Palladium, January 26, March 9, 1830; Independent Chronicle and PUBLIC LANDS AND TARIFF 33 tration party regretted that the debate had ever taken place.^ Henry Clay also believed that Hayne had not succeeded in detach- ing the West from the East.^ John Quincy Adams, on the other hand, had a different opinion. April 15, 1830, he wrote Alexander H. Everett, editor of the North American Review, that if "the mutual surrender of the Public Lands to the West and of the American System to the South ... is not already consiunmated beyond re- demption, nothing can save them but a complete and fearless exposure of the nefarious conspiracy now in the full tide of success- ful experiment against them." * That the aUiance of the South and West had not been defeated As seen by the vote on the passage of Benton's graduation bill ^ in "^ the Senate, May 7, 1830.^ The Western Senators, except Burnett, of Ohio, voted for it unanimously. All the Senators south of the Potomac were in favor of it except two, and one of these, Tyler, of Boston Patriot, March 6, 1830; New York Commercial Advertiser, January 27, 1830; Detroit Journal and Michigan Advertiser, March 20, 1833; Address of Essex County National Republican Convention to the electors, March 18, 1830. ' United States Gazette, January 27, 1830; New England Palladium, February s, 1830; Alexandria Gazette, March 4, 1830. 2 Calvin Colton, Life, Correspondence, and Speeches of Henry Clay, iv, 267. ' Am. Hist. Rev.,xi, 335-36. May 22, 1830, Adams wrote in his diary. "In con- versing with Mr. Rush upon the prospects of the country we agreed . . . that the PubUc Lands will be given away.'' (Memoirs, vm, 229.) * Benton had reintroduced his graduation bill, December 16, 1829 (Senate Journal, 2ist Cong., ist Sess., 427), with the following additions: The actual settler was to be given a preference in obtaining his quarter-section when land was put on sale, and was to pay twenty-five cents less an acre than the graduated price; a donation of eighty acres was to be made to poor settlers; and the States were to use the lands ceded to them for education and internal improvements, and refund to the United States the cost of surveying (Senate Bills and Resolutions, 21st Cong., ist Sess., no. s). The bill was later reduced by the friendly amendments of Hayne and Woodbury (Cong. De- bates, 2ist Cong., ist Sess., 413) to the two main provisions: First, all lands, subject to private sale at $1.25 an acre since June 30, 1827, may, after June 30, 1830, be entered at $1; second, heads of families, single men over twenty one, and widows may enter a quarter-section of land that has been offered at $1 an acre and remains unsold, at the price of $.75 an acre, on condition that they shall cultivate the same for five years. (United States Telegraph, May 7, 1830; New England Palladium, May ir, 1830.) ' The bill passed the Senate by a vote of 24 to 22. (Cong. Debates, 21st Cong., ist Sess., 427. See also United States Telegraph, May 7, 1830; Charleston Mercury, May 12, 1830; New England Palladium, May 11, 1830; New Orleans Courier, May 16, 1830; Boston Statesman, May 15, 1830.) \/ 34 THE INFLUENCE OF TEE PUBLIC LANDS Virginia, voted on all preliminary questions with the friends of the bill. Calhoun voted with some of the friends of the measure, on an amendment to make the bill more acceptable and insure its final passage. All the Senators north of the Potomac voted against the bill except Woodbury, of New Hampshire. Itspassagein theSenate was signaled by the United States Telegraph as marking an era in , the legislation of Congress on the public lands by the establishment \/ of two great principles: first, that the actual settlers were to have a preference in the purchase of public lands; and in the second place, that refuse land was to be sold at a lower price than new land.^ Benton was satisfied ^ with his bill as amended, since the reductions in his original bill would not have begun to operate at once, and he was confident of getting supplemental legislation in the next Con- gress. The South acted with the West in support of the graduation bill in the House, but even this combination was unable to over- come the larger proportionate representation of the North Atlantic States, and Benton's bill was tabled by a vote of 82 to 68, on May 29, 1830.' Thus the alliance of the South and West was in full oper- ation by the end of the first session of the Twenty-first Congress. Both the graduation bill and the New England resolutions bad been attempts to solve the land question, but sectional politics had defeated both plans. The South and West continued to act together in 1832 when the tariff was up for settlement. This is shown by the reference,* March 22, 1832, to the Committee on Manufactures, of both Clay's and Hayne's tariff resolutions and the question of the reduction of the price of public lands and of cession to the States. The Southern and Western Senators, who argued for this reference, gave as their reasons that the public lands were a source of revenue to the extent of three million dollars a year, and therefore must be considered in the rearrangement of the financial system by the financial Commit- tee of the Senate, the Committee on Manufactures; that each sec- ' May 7, 1830. ' Cong. Delates, 21st Cong., ist Sess., 413. ' House Journal, 21st Cong., ist Sess., 780. An analysis of the vote shows: — North AUantic South Atlantic Southwest Northwest Yes 59 IS 8 = 82 No 14 23 14 17 = 68 « Cong. Debates, 22d Cong., ist Sess,, 614, 625-26. PUBLIC LANDS AND TARIFF 35 tion should be favored in the financial readjustment; that the West would not be benefited by the projected reduction of the tariff for revenue, so its share should be the reduction in the price of lands; and that the subject of public lailds had already been united with the American system by its friends since Rush's report in 1827.^ When the vote on this motion was taken ^ several deeper influences helped its passage; first, the Southern Senators voted for it "to enlist the members coming from the new States into the ranks of those opposed to the tariff, by holding out the inducements that they would receive the exclusive benefit of lands"; ^ secondly, cer- ' Cong. Debates, 2 2d Cong., ist Sess., , 623-38. ' Ibid., 638. 7u No Benton, Mo. Jackson man. Bell, N.H. Clay man. Bibb, Ky. Jackson man. Buckner, Mo. Clay man. Brown, N.C. Jackson man. Clay, Ky. Clay man. • Dallas, Pa. Jackson man. Clayton, Del. Clay man. •.Dudley, N.Y. Jackson man. Dickerson, N.J. Jackson man. Ellis, Miss. Jackson man. Ewing, Ohio. Clay man. Forsyth, Ga. Jackson man. Foot, Conn. Clay man. Grundy, Tenn. Jackson man. Frelinghuysen, N.J. Clay man. Hayne, S.C. Calhoun man. Holmes, Me. Clay man. Hendricks, Ind. Clay man. Johnston, La. Clay man. Hill, N.H. Clay man. Knight, R.I. Clay man. Kane, HI. Jackson man. Prentiss, Vt. Clay man. King, Ala. Calhoun man. Robbins, R.I. Clay man. Mangum, N.C. Jackson man. Ruggles, Ohio. Clay man. Marcy, N.V. Jackson man. Seymour, Vt. Clay man. MiUer, S.C. Calhoun man. Silsbee, Mass. Clay man. Moore, Ala. Jackson man. Sprague, Me. Clay man. Foindexter, Miss. Calhoun man. Tomlinson, Conn. Clay man. Robinson, 111. Jackson man. Waggaman, La, Clay man. Smith, Md. Jackson man. ■" Webster, Mass. Clay man. Tazewell, Va. Calhoun man. ■^ _, ao Tipton, Ind. Clay man. Troup, Ga. Jackson man. •Tyler, Va. Calhoun man. White, Tenn. Jackson man. • Wilkins, Pa. Jackson man. 26 For the party politics of this period I have used Edgar E. Robinson's Origin of the Whig Party (A.M. Thesis, University of Wisconsin, 1910) and the Congressional Biographical Directory. Newspaper references have also been of value, such as Wash- ington Globe, Oct. 31, 1831, Feb. 21, 1833, Dec. 22, 1836; Boston Statesman, May 29, 1830; Savannah Georgian, Feb. 6, 1830; New England Palladium, April 30, 1830. ' Ibid., 639. Clay spoke of this influence in a letter to Francis Brooke, March 28, 1832, as a development of a scheme " which I have long since suspected — that certain portions of the South were disposed to purchase support to the anti-tariff doctrines by a total sacrifice of the Public Lands to the States within which they are situated." (Colton, Clay, iv, 330-31.) All the Southern Senators, who voted for Bibb's resolu- tion, voted against the tariff on July 9, 1832. (Cong. Debates, 22d Cong., ist Sess., 1219.) The Western Senators may have been influenced to vote in favor to assist the development of the Southern and Western alliance. 36 THE INFLUENCE OF TEE PUBLIC LANDS tain Western tariff Senators voted for it, because they hoped thereby to force Clay to concede them something on pubhc lands in return for their support of his tariff measure; ' and, finally, many admin- istration Senators voted for it to put Clay, who was a member of 'the Committee on Manufactures, in a dehcate position in which he must report imfavorably to the Western States and so weaken his chances as a presidential candidate in the fall.^ Clay's answer to this sectional and party move was a report ^ on the public lands, April i6, separate from one on the tariff, and a recommendation of a compromise bill.^ In his report Clay argued against the advisability of reducing the price of land o/of ceding it to the new States. He considered that a further reduction in price would be required by public interest only if the Government was demanding more than a fair price for the land, or if the existing price was delajang harmfully the settlement of the new States and Territories. He contended that the large quantities of public lands remaining unsold did not mean that the price was too high, but that emigration had been totally imable to absorb the vast quantity offered; that the rapid increase of the sales of the pubhc lands, from $1,018,308.75 in 1828 to approximately $3,000,000 in 1831, was a criterion of the fairness of the price; that a reduction in the price of the public lands would reduce the value of land in private owner- ship in the same State, in near-by States, and probably in the whole West; and that, since the greatest emigration at that time was from Ohio, Kentucky, and Tennessee, a reduction in price would serve as a bounty to further emigration, causing more lands within these States to be thrown on the market, and therefore lessening the value of their lands, and draining them of population and money. He reasoned that the reduction of the price of public land ' Benton, Hendricks, Robinson, and Tipton, who voted for the passage of the tariff bill in the Senate on July 9, 1832, may have been influenced by this consideration. ' Clay to Brooke, March 28, 1832 (Colton, Clay, iv, 330-31); National Intelligencer, July 4, 1832; New York Courier and Enquirer, March 26, 1832; New York Daily Advertiser, March 22, April 20, 1832. ' American State Papers, Public Lands, vi, 441-51. * Clay to Brooke, March 28, 1832: "I think I shall disappoint the design by present- ing such views of that great interest [public lands] as will be sustained by the nation." (Colton, Clay, iv, 331.) PUBLIC LANDS AND TARIFF Z7 was not necessary to accelerate the population of Ohio, Indiana, Illinois, Missouri, Alabama, Mississippi, and Louisiana, because these States already had an average increase of eighty-five per cent, while the States having no public lands were increasing at the rate of only twenty-five per cent. The cession of the public lands to the several States in which they lay on reasonable terms was a momen- 1 tous measure, meaning as it did the 340,871,753 acres within the/ present States and Territories and the 750,000,000 outside. Its only justification would be the unwise and defective government admin^ istration of the public domain, but this had always given general sat- isfaction. If it were done, competition between States as to price, so as to get more people and more money to pay its obligations to the central Government, would result, collisions between States would foUow, and a new and dangerous debtor relation to an im- mense amount would be created between the new States and the central Government. This debtor relation would furm'sh a bond of union between the new States, all at a distance from the center of federal control. If the new States failed to pay interest and princi- pal, what would the central Government do? "Either Congress, tired of repeated petitions, would sponge the debt; or, if Congress attempted to enforce its payment, another and worse alternative would be embraced." ^ If the proposed cession were made at a nominal price, it would be a violation of the express provision of the original cession of the States to Congress, for the common benefit, and also unjust to the old States. Clay ended by recommending "An act to appropriate for a limited time [five years] the proceeds of the sales of the public lands of the United States [to be withdrawn in case of war], after deducting an additional ten per cent to be set aside for the new States, for a division among aU the States accord- ing to their Federal ratio, for the purpose of education, internal improvements or colonization, or the reduction of any state debt, as each State judging for itself shall deem most conformable with its own interest and policy." ^ We have already met with the distribution project in the twenties and in the House of Representatives in 1830. Clay simply took one of the Eastern solutions of the land question, and moulded it to ' American State Papers, Public Lands, vi, 447. ' Ibid. 38 THE INFLUENCE OF THE PUBLIC LANDS .suit his critical position by adding a bonus for the West. Clay's report certainly suited the tariff element, because it kept up the price of public lands and disposed of the whole income from the public lands, leaving the total revenue to be levied on imported goods; it also suited the North Atlantic States and the old West as a whole, since it insured the national ownership of the public domain, protected their property values, and gave them a large share of the proceeds. Clay's distribution bill seemed to his oppo- nents from a pohtical standpoint a bid for votes in the presidential election by an appeal to sectional and class interest. The Frankfort Argus declared that "it is doubtless the boldest move that ever was made by a candidate for the Presidency. No candidate can outbrag this . . . and so shameless is this overture that a table of dividends is constructed to show each state how much money they wiU get by making Mr. Clay President. ... In fine, this open proposition of Mr. Clay's must convince every friend to the purity of presidential elections, that the Pubhc Lands must be extricated from the hands of presidential speculators with aU possible dispatch." ^ Clay's championship of the distribution plan again brought to the front the prominent importance of the pubhc land question. Clay him- self declared at this time that no subject which had presented itself to Congress was of greater magnitude.'' His organ, the National Intelligencer, stated that "until very recently we have thought and spoken of only two great questions — tariff and bank. A third has unexpectedly grown into an importance not inferior to either of the others — the subject of Public Lands and the distribution of the proceeds."^ The New York Courier and Enquirer bore similar testimony: "The question of the Public Lands will go further in engendering hostile thoughts and views, in raising up one section of the country against another, and will tend further and faster to disunion than anything which has latterly occupied the attention of the American people." ^ The South continued to act with the West through the first ses- sion of the Twenty-second Congress. Both were opposed to the ■ May 2, 1832; see also Boston Advocate, July 9, 1832; Detroit Democratic Free Press, August 9, 1832. 2 Cong. Debates, 22d Cong., ist Sess., 1098. • July 4, 1832. * December 26, 1832. PUBLIC LANDS AND TARIFF 39 distribution of the proceeds of the public lands; the South because it assisted the perpetuation of a high tariff/ the West because it was a death-blow to any reduction in the price of land.^ Benton charac- terized the distribution bill as a "Land-tariff Bill," ^ because it was intended in the first place to dispose of the surplus by distributing the land revenue, so the duties on imports could be kept up; and, in the second place, to keep up the price of land to prevent the emi- gration of laboring people from the manufacturing States. Regard- ing Clay's bill as defeating their plans, the South and West suc- ceeded in referring it, May 9, by the casting vote of Calhoun,* to the Committee on Public Lands, which recommended ^ instead that an amendment, to reduce the price of fresh lands to one dollar per acre and the price of lands five years or more in the market to fifty cents per acre, be added to the tariff bill reported by the Committee on Manufactures. The Committee on Public Lands also proposed that Clay's distribution bill be amended so as to strike out the whole except the ten per cent allowance to the new States, and to increase that to fifteen per cent. That these recommendations and the report by the Committee on Public Lands were the fruit of the South- em and Western understanding, is shown by the fact that King, of Alabama, its chairman, was a Calhoun man,^ and that the hand of Benton was seen in the report.' In spite of the opposition of the South and West, Clay succeeded in passing his distribution bill in the Senate, July 3, by a vote of 26 to 18.*, Its passage was clearly 1 Charleston Mercury, May 3, 1832. ' Cong. Debates, asd Cong., ist Sess., 785-86, 1150. • Ibid., 1151. * Ibid., go7. The alignment was practically the same as on March 22, except that Dallas and Wilkins, of Pennsylvania, had changed sides; Tyler, Dudley, and Webster were absent; Naudain (Delaware), absent March 22, was present, voting Nay. 5 Ibid., Appendix, 118, May 18, 1832. A report accompanied the recommendation. {Ibid., 118-27.) ' National Intelligencer, October 31, 1831. ' Cong. Debates, 22d Cong., ist Sess., iiii. 8 Senate Journal, 22d Cong., ist Sess., 394. An analysis of the vote shows: — Yes Jackson Clay North Atlantic 18 4 14 South Atlantic I I Old West (Ohio and Kentucky) 3 3 New West (Indiana, Illinois, and Missouri) I I Southwest 3 3 Calhoun 26 4 XI No Jackson Clay Calhoun <; s 4 3 s 4 3 18 »^ 40 THE INFLUENCE OF TEE PUBLIC LANDS due to the unanimity of the Clay party in its favor, assisted by its appeal to the sectional interest of certain Eastern Jackson Sena- tors, Dallas and Wilkins, of Pennsylvania, Dickerson, of New Jer- sey, and Dudley, of New York. The Administration did their best to defeat the measure and so prevent Clay from gaining votes there- by in the presidential election, as shown by the nays of Hill, of New Hampshire, and Marcy, of New York. The Administration, aided by the sectional opposition of the South ^ and West, was able to carry postponement in the House of Representatives, July 3.^ Benton's attempt to pass a graduation amendment to the distribu^^ tion bill failed by a vote of 21 to 24.^ If the three Southerners who ' voted against it had voted for it and Calhoun had given the decid- ing vote, it would have passed. The West, not getting anything| positive from the South, abandoned the South and voted for the si tariff of 1832,* thus bringing to an end the alliance between the r South and the West. The Administration had done little for the new West up to this point. Van Buren, for political reasons, had eliminated Ninian Edwards and his plan, and Jackson in his messages had made no ' Of course the South voted against it primarily to protect themselves. The Charles- ton Mercury, July lo, 1832, expressed its gratification at the postponement of distri- bution in the House of Representatives, though "the Snake is only scotched, not killed." ' House Journal, 2 2d Cong., ist Sess., 1076. An analysis of the vote shows: — North Allanlic South Adantic Old West New West Southwest 1 16 from N.Y. Yea 35 j 7 from Pa. 35 6 4 n = 91 4 from N.H. No SS 10 19 _ 4 = 88 Webster declared that the bill was vigorously opposed by the main body of the friends of the Administration in the House of Representatives. (Speech at National Republican Convention, Worcester, October r2, 1832.) Robbins, Senator from Rhode Island, and Surges, Congressman from Rhode Island, stated that Clay's bill was de- feated in the House of Representatives by Jackson's partisans. (Address to citizens of Rhode Island, Pamphlet, Providence, 1832.) The New York Daily Advertiser, July 7, 1832, commented on the vote as follows: "Most of the regency party in New York voted for postponement, and on the vote to reconsider (July 4. Refused by a vote of 100 to 88. Cong. Debates, 22d Cong., ist Sess., 3853) all the regency votes in New York were against." ' Cong. Debates, 22A Cong., ist Sess., 1164. * Cong. Debates, 22d Cong., ist Sess., 1219. Benton, of Missouri, Robinson, of Illi- nois, and Tipton, of Indiana, abandoned Calhoun on this vote. PUBLIC LANDS AND TARIFF 4I recommendations on the public land question. To be sure, Wood- bury, a Jackson Senator from New Hampshire, had helped the pas- sage of Benton's graduation bill in 1830,' and several others north of the Potomac, who had voted against its passage, had voted with the friends of the measure in its earlier stages and had prevented its being destroyed by reference and postponements.^ The views of the Administration on public lands in the first session of the Twenty-second Congress were probably represented by Louis McLane's plan in his Treasury Report, December 7, 183 1. He I favored the cession for a fair price of the public lands to the States in which they lay and the distribution of the proceeds among aU the States. Such an arrangement, he argued, would dispose of the pub- lic land revenue which was not necessary after the debt was paid, and would stop the friction between the new States and the Fed- eral Government regarding public lands.^ This recommendation of McLane was not pushed by the Jackson party, possibly because pro-Western land legislation was regarded as necessary by Jackson for campaign material, since the settler West would probably remain true to him without any immediate action. It certainly did not receive any support from the Calhoun or Jackson men of the South, because the revenue in such a case would have to come from the tariS alone, and the South would not be sure of receiving in return any Western assistance for a lower tariff. As has already been shown, the Administration for party reasons had assisted the South and West in the reference of Bibb's resolution to the Com- mittee on Manufactures, and had acted with the South and West in resisting Clay's distribution bill in the Senate and in postponing it in the House of Representatives. Therefore, while acting from the party motive of defeating Clay, the Administration had really in a negative way been helping the settler West. It had also taken positive action by approving King's report from the Committee * Cong. Debates, 21st Cong., ist Sess., 413, 427. ' Senate Journal, 21st Cong., ist Sess., 286, 291, 292. • Cong. Debates, 22d Cong., ist Sess., 29-30. Van Buren had expressed the same views in the Senate, April 21, 1828. The Philadelphia Gazette (New Yorli Evening Post, February 10, 1830) in 1830 stated that Hajme's plan to cede the public lands to the States in which they lay on reasonable terms was "understood to accord with the views of the Administration." 42 THE INFLUENCE OF THE PUBLIC LANDS on Public Lands, ^ and possibly by Van Buren's throwing out hints to Western men that favorable pubKc land legislation would form part of the spoils of victory.^, If Van Buren had made promises to the West, they were cer- tainly made good by Jackson's recommendations^ on public lands in his message of December 4, 1832. Jackson annoimced that since the national debt was practically paid, Congress might now dispose of the pubKc lands in such a way as best to serve the harmony and general interest of the American people. "It cannot be doubted," he declared, " that the speedy settlement of these lands constitutes the true interest of the Republic. The wealth and strength of a country are its population, and the best part of that population are the cultivators of the soil." * Therefore he gave as his opinion that the true policy for the administration of the public lands was that they " shall cease as soon as practicable to be a source of revenue, ^ and that they be sold to settlers in limited parcels at a price barely sufl&cient to reimburse the United States the expense of the present system and cost arising under our Indian Compacts. The advan- tages of accurate surveys and tmdoubted titles now secured to pur- chasers seemed to forbid the abolition of the present system, because none can be substituted which wiU more perfectly accom- plish these important ends. It is desirable, however, that in con- venient time this machinery be withdrawn from the States and that the right of soil and the future disposition over it be surren- dered to the States respectively in which it lies." ^ Jackson may have been strengthened in his views by the labornewspapers which Evans * sent him, but he certainly took his ideas from the champion of the self-sustaining, land-holding democracy of the West — Ben- ton.'' Although Jackson's recommendations were put in rather general terms at this time, they were given in clearer form in his veto of Clay's distribution bill, December 4, 1833,* and here they ■» ' Washington Globe, May 21, 1830. ' New York Daily Advertiser, April 20, 1830, July 7, 1832. ' Richardson, Messages and Papers of the Presidents, 11, 600-01. * Ibid., 600. ' Ibid., 6oi. • J. R. Commons, "Horace Greeley and the Working-Class Origins of the Republi- can Party," Political Science Quarterly, xxiv, no. 3, 478-79. ' See suggestion in William C. Verplanck, Political Mirror of Jacksonism, 209. ' Richardson, Messages, iii, 68. PUBLIC LANDS AND TARIFF 43 were an exact counterpart of Benton's plan for the disposition of the public lands. Easterners, prejudiced by sectional interest, termed Jackson's recommendations " a giving away of the pub- lic lands," ^ while Westerners were naturally well satisfied.'' ^• By the beginning of the second session of the Twenty-second**^ Congress, the two leading parties had definitely taken sides on the public land question. Clay's party supporting the Eastern solution of distributing the proceeds of the public lands, and_ JajcklQn's party championing the Western ^an of reduction in price, cession of ^fuse to the States, and in general of helping the settler to be- come a freeholder. -As in the first session, Clay's distribution bill ' ^ passed the Senate owing to the tmanimous support of his party, with the assistance of the Eastern Jackson men mentioned above, Dallas and WiEuns, of Pennsylvania, Dudley, of New York, and Dickerson, of New Jersey.^ Calhoun and his party, with the excep- tion of Poindexter, of Mississippi, still voted against the measure. The vote of "CSlhoun's third party on the substitution of the bill, reported by the Committee on PubHc Lands, January 24, 1833, reducing the price and granting preemption to actual settlers, showed that the South was no longer acting with the pioneer West.^ While Hayne, of South Carolina, had favored a reduction amend- ment to Clay's distribution bill in the first session, Calhoun now voted against it, probably thinking of it only as a measure that would tend to encourage the extension of free farming areas. This ' Journalof John Davis, iii,no. 168,6. (Davis MSS.) Adams, AfewojVj, rx, 236, 248. • A. Yell wrote to J. K. Polk, December 18, 1832, referring to the President's mes- sage : "The subject of the Public Lands I like most admirably, that is what every West- em man should desire, but I expect the old States will kick up at it." (Polk MSS.) • Clay had introduced it, December 12, 1833 (Cong. Debates, zad Cong., 2d Sess., S); it was reported by the Committee on Public Lands, January 3, 1833, with an amendment substituting a new bill, reducing the price of public lands offered but un- sold to one dollar per acre, selling to actual settlers one hundred and sixty acres at fifty cents an acre, and providing for the disposition of the proceeds by Congress for the general good {Senate Journal, 22d Cong., 2d Sess., 53)- Clay's bill passed the Sen- ate, January 25, 1833, by a vote of 24 to 21 (ibid., 138), and the House of Representa- tives, March i, by a vote of 96 to 40 (Cong. Debates, 22d Cong., 2d Sess., 1920-21). • Senate Journal, 22d Cong., 2d Sess., 138. January 25, 1833. ' Cong. Debates, 226. Cong., 2d Sess., 229. Adams's opinion that the alliance of the South and West was still in operation was therefore without adequate foundation. {Memoirs, vin, 504. December 13, 1832.) 44 TEE INFLUENCE OF THE PUBLIC LANDS change of policy on the part of the South had abready been testified to by Michael Hoffman, Congressman from New York, in his letter to A. C. Flagg, December i8, 1832: "The only real appearance of remaining regard for the Union among the NuUifiers is found in the votes about the Public Lands. I had expected that these would be offered as a donation to squatters and States for recrmts to nullifica- tion." ^ Before Clay's distribution bill was voted on in the House of Representatives, something had happened to reverse entirely the attitude of the South toward the public land question. This was the introduction of the compromise bill by Clay on February 12. Whereas up to this point the passage of a low tariff for the South had been dependent on the passage of Western public land meas- / ures, now the low tariff, as provided by Clay's compromise, was^' linked with the distribution bill, thus causing the South to act with Clay's party instead of with the West. Closely connected as the tariff and public lands were in 1832, they were even more intimately related in 1833,^ because Clay and his party regarded the distribution biU as part of the same financial system as the compromise tariff. Calvin Colton states, in his biog- raphy of Clay, that "one essential element and substantive part of his plan, in the device and formation of this measure [compromise bill], was the public land bill then pending, and which was not expected to meet with any obstacle from the President, as his faith was virtually pledged to sanction it in his previous annual mes- sage." ' Jackson had, indeed, recommended that the public lands should "cease as soon as practicable to be a source of revenue," * but he meant by that not the passage of Clay's distribution bill, but the reduction of the price of public lands sold to actual settlers. It is true, however, that Clay regarded the distribution of the pro- > V.B. MSS. ' The dose relation of tariff and public lands and internal improvements, in the opinion of Webster, is shown in a list of principles, which were probably drawn up as suggestions for the action of the Webster element in the second session. Three of these principles may be summarized as follows: Temporary distribution was favored if it could be passed the second session; if it could not, the tariff was to be reduced still lower. If the land bill should pass, then some measure was to be adopted to limit grants by Congress to such objects of internal improvement as in their nature trans- cend the power of the separate States. (Davis MSS., in, no. 169.) ' Colton, Clay, 11, 250. ' Richardson, Messages and Papers, n, 601. PUBLIC LANDS AND TARIFF 45 ceeds of the public lands and the compromise tariff as both being parts of the same financial system. On March i, 1842, when intro- ducing his resolutions on the tariff, Clay declared that one of the principles of the compromise act was that after June 30, 1842, "SUCH DUTIES SHOULD BE LAID for the purpose of raismg SUCH revenue as might be necessary for an economic administra- tion of the Government; consequently excluding all resort to inter- nal taxation, or to the proceeds of the public lands." ^ Clay here , interpreted section 3 of the compromise act, which stated, "from and after the day last aforesaid [September 30, 1842, later made June 30, 1842], all duties upon imports shall be laid for the purpose of raising such revenue as may be necessary to an economic admin- istration of the Government," ^ to mean that his public land distri- bution bill had been intended to provide for the temporary distri- bution of the proceeds of the public lands, and that the compromise bill had estabhshed their permanent distribution after June 30, 1842. On February 12, 1833, he had indirectly stated as much when introducing the compromise bill: "U the bill which this body passed at the last session of Congress, and has again passed at this session, shall pass the other House, and become a law, and the gradual reduction of duties shall take place which is contemplated by the first section of this bill, we shall have settled two (if not three) of the great questions which have agitated this coimtry, that of the Tariff, of the Public Lands, and I will add of Internal Improve- ments also. For, if there should still be a surplus revenue, that surplus might be applied, imtil the year 1842, to the completion of the works of Internal Improvement already commenced, and, after 1842, a reliance for all fimds for Internal Improvement should be placed upon the operation of the Land Bill, to which I have already referred." * Further evidence that Clay and his party regarded the distri- bution bill as part of the same financial system as the compromise tariff is given by Clayton, a member of the select committee of the • Cong. Globe, 27th Cong., 2d Sess., igs. * Cong. Debates, 22d Cong., 2d Sess., 481-82. ' Ibid., 464. Since Clay's land bill provided for only five years' distribution, funds for internal improvements would come from public land distribution after June 30, 1842, by virtue of the clause in the compromise act. 46 THE INFLUENCE OF THE PUBLIC LANDS Senate to which the compromise bill was referred. He declared, on a later occasion, that "Mr. Clay's bill to distribute the proceeds of the sales of public lands among the States, which passed both houses of Congress about the same time with the compromise itself, was regarded by us as part and parcel oj one great revenue and finan- cial system, which we desired to establish for the benefit of the whole country. While temporarily surrendering the land fund to the States, to which it rightfully belonged in the judgment of the Congress of 1833, we provided, in the compromise act, that there should be a day fixed, at which the land fund should /orez/er cease to be regarded as a source of revenue by the general Government. . . . The compromise act gave to me, as I thought when I voted for it, and to every friend of the protective system, at the same time, a solemn assurance that after June 30, 1842, the land fund should cease to be regarded as a source of revenue, and that all the real wants of the Government should be supphed exclusively from du- ties on imports." ^ Clay contemporaneously supported Clayton's testimony in his letter to him, August 22, 1844: "No man knew better the motives and considerations which prompted its [compro- mise biU] passage than you did, and you have ably and truly ex- posed them." ^ Additional evidence is found in an address of John Quincy Adams to his constituents, September 17, 1842, when he stated that one of the principles of the compromise act was that the whole revenue necessary to an economic administration of the Government should be raised by import duties after June 30, 1842, "No part of the government revenue," he declared, "was intended to be raised from the proceeds of the land sales, for together with the Compromise Act, Congress passed another act for distributing the lands sales proceeds. . . . That act emanated from the same source, and was sanctioned by the same Congress, at the same time with the Compromise Act; and although on another roll of parch- ment as a system of administration formed a part of it." ^ Since Clay and his party held this view, it is reasonable to pre- ' Speech of J. M. Clayton at Wilmington, Delaware, June 15, 1844. (Colton, Clay, n, 253, note.) ' Ibid., 259. ' Address of J. Q. Adams to his constituents, September 17, 1842. Pamphlet, Bos- ton, 41, 51. PUBLIC LANDS AND TARIFF 47 sume that it was understood that Calhoun and his third party- should not stand in the way of the passage of the distribution act, and if need be vote in its favor. Ballagh is of this opinion, for he states that the old South compromised with Clay to secure a low tariff by accepting distribution,^ and Schouler writes that Clay claimed that the passage of this bill was " a part of the compromise arrangement with the Nullifiers." ^ An analysis of votes and con- temporary evidence supports this view. An examination of the vote by which the distribution bill passed the House of Represent- atives, March i, shows that though some of Calhoun's third party voted against it and others were absent, still their assistance was not necessary to the passage of the bill.' On the evening of March I, when the Senate accepted the House amendment to the bill by the vote of 23 to 5, four Calhoun men voted in favor, and not one against.* Furthermore, the United States Telegraph did not oppose the distribution bill, as it had always done in the past, and it strongly denounced Jackson for pocketing the bill.^ Shortly after the close of the session the Charleston Mercury, Calhoun's organ, came out in favor of Clay's bill,* and expressed the beUef that the passage of the tariff bill and the land bill would lead to a union of the South under CaUioim and the West under Clay.' The Wash- ington Globe termed this adoption of Clay's land bill by the Cal- hoim party as a "most extraordinary and anomalous inconsist- ency "; * and went on to say that Calhoim had voted against it, because otherwise his change would have been too sudden and violent. Thus the South had reversed its attitude toward the pub- ' J. C. Ballagh, Tariff and Public Lands (Am. Hist. Report, 1898), 241, note i. 2 " History of the United States," vol. iv, 153. " Cong. Debates, 22d Cong., 2d Sess., 1920-21. The arrangement between Clay and Calhoun for the selection of printer in the Senate and House of Representatives fur- nishes proof that Clay and Calhoun were already acting in conjunction on another matter. (Washington Globe, February 20, 1833.) ' Cong. Debates, 22d Cong., 2d Sess., 809. " March 5, 1833. Jackson's pocl^eting of the distribution bill was approved by Jackson newspapers, and condemned by those of Clay and Calhoun. Washington Telegraph, March s, 1833; Richmond Enquirer, March 9, 1833; New York Daily Advertiser, March 11, 1833; Baltimore Republican, March $, 1833. ' Quoted in Washington Globe, March 16, 1833. ' Quoted in Baltimore Republican, March 15, 1833. ' March 16, 1833. 48 THE INFLUENCE OF THE PUBLIC LANDS lie lands, because it was getting the lower tariff from Clay ajid not from the new West. The course of events from 1828 to 1833 displayed the great national importance of the public land question and its close rela- tions with the tariff and sectional politics. As has been shown, the free land ideas of the West were blocked by Eastern opposition, and as yet had not been materially advanced by the alliance of the West with the South or with the Administration. CHAPTER III PUBLIC LANDS, SURPLUS AND PANIC The public lands ceased to be connected with the tariff during the operation of the compromise act, and became related rather to the general financial situation. The pa3mient of the public debt in January, 1835, and the rapidly increasing income from customs and public lands, due to speculative over-confidence, created the problem of a government surplus. The surplus was in reality a paper surplus, consisting to a large degree of expanding bank credits which were protected only by the doubtful securities given by the speculators in return for bank paper, which was being used over and over again to buy more and more public lands at the fixed price of a dollar and a quarter an acre. When the problem of this paper siirplus was presented to Congress in 1836, the West advocated dealing with its soxurce in public land sales. By graduating the price and restricting the sale of lands to actual settlers, speculation would be prevented and the income from the public lands would be reduced to reasonable limits.^ The East, on the other hand, pro- posed to revive Clay'splan for distributing theproceeds.^ Calhoun, * American State Papers, Public Lands, vin, 330-32; 877-85; New York Evening Post, February 3, 1837. Benton's graduation bill had made but slight progress in 1834 and 183s, in spite of Jackson's indorsement of it (Richardson, Messages and Papers, m, 68; Washington Glohe, December 11, 1833), due chiefly to the Democrats being in a minority in the Senate, and to the promiuenceof the bank question. It was introduced, December 9, 1833 {Cong. Glohe, 23d Cong., ist Sess., 17), referred to the Committee on Public Lands, December 17, 1833 {Senate Journal, 23d Cong., ist Sess., 36), and suppressed by them till the last day of the session (Washington Globe, July 19, 1834). It was reintroduced, December 15, 1834 {Senate Journal, 23d Cong., 2d Sess., 36), reported from the Committee on Public Lands, December 23, 1834 {ibid., 40), and tabled {ibid., 193). * Clay introduced his bill, December 29, 1835 {Cong. Glohe, 24th Cong., ist Sess., 56); it was reported by the Committee on Public Lands, January 27, 1836 {American State Papers, Public Lands, via, 408-25). The distribution was now partially retro- spective in character, consisting of the proceeds from the sales of the public lands from 1833 to 1837 inclusive. The presence of a surplus rejuvenated Clay's bill, which had not progressed beyond preliminary stages since the second session of the Twenty- 50 TEE INFLUENCE OF THE PUBLIC LANDS now that the tariff was adjusted by the compromise act, supported a constitutional amendment providing for a distribution of the pro- ceeds from the public lands until 1842.' In this he was influenced by his desire to afford the Southeastern States the means of financ- ing a railroad to the West.^ As in 1832 and 1833, Clay's distribution bill was regarded as a party measure, and as such passed the Senate, May 4, 1836, by a vote of 25 to 20.' All Clay's followers voted for it, and all the Jack- son men voted against it except the Senators from Pennsylvania, who were instructed by their Legislature to vote for it. Calhoun himself voted against it, as he was still true to his constitutional amendment, but he could not prevent his followers from voting in favor. ^ Realizing as in earlier years that the success of distribution woiild checkmate the Western solution of the land question, and fearing that it would be used to win votes for the Whig presidential candidates,' the Democrats as a party succeeded in tabling the bill in the House of Representatives, June 22, by a vote of 124 to 85.^ Jackson had already prepared a draft for a veto in which he de- noxmced the political character of the bill: " The manner, the time, and the circumstances under which this bill is pressed shows the impolicy as well as the impropriety of the measure, and why I second Congress. It had been reintroduced, December 10, 1833 {Cong. Debates, 23d Cong., ist Sess., 18), and reported by the Committee on Public Lands, May 2, 1834 {ibid., 358-59); it was again proposed, December 16, 1834 {Cong. Debates, 23d Cong., 2d Sess., 15), and tabled, February 25, 1835 {Senate Journal, 23d Cong., 2d Sess., 195), probably owing to the hopelessness of passing it over Jackson's veto. ' Calhoun introduced a resolution, January 5, 1835, referring the matter to a Select Committee {Senate Journal, 23d Cong., 2d Sess., 79), which reported on it favorably, February 9, 1835 {ibid., 148). * Calhoun's Correspondence {Am. Hist. Assoc. Report, iSgg, n, 349-51.) ' Cong. Debates, 24th Cong., ist Sess., 1395. * Lynch, Calhoun and Political Parties, 56. " Washington Globe, May 9, 1836; Arkansas Gazette, May 17, 1836; Missouri Argus, June 24, 1836; Vandalia State Register, June 24, 1836; S. H. Laughlin to C. Johnson, May 9, 1836 (Polk MSS.); Benton, Thirty Years' View, i, 648. ' Cong. Globe, 24th Cong., ist Sess., 460. An analysis of the vote shows: — Km No Democrats 80 14 Whigs 13 66 Doubtful II 5 104 8s PUBLIC LANDS, SURPLUS AND PANIC 5 1 should withhold my approval even if the Constitution should war- rant it. . . . The necessary appropriation for fortifications . . . has beenwithheld this year, . . . although the pressing necessities of the Government urged that they should have been made at an early period of the session to meet the current expenses and debts of the Government ' ... for the purpose, it would appear, that an unus- ual large amount might be accumulated in the Treasury by which the people might be deluded and operated upon in the approaching Presidential election, and by this delusion of millions to buy their suffrages in the support of the opposition. This bill is patronized and originated in the Senate, and supported in the Senate by candi- dates for the Presidency just on the eveof the Presidential election, as the Bill for Rechartering the United States Bank was brought forward before the last Presidential election to operate on the elec- tion for President, to distract and delude the people as was at- tempted before and if passed into a law must in less than two years compel Congress to increase the tariff, which will lead to the; rechar- tering of the United States Bank, and restore the system of internal improvements, consolidate the Government, corrupt the morals of the people and destroy our liberties." ^ Congress adjourned, having disposed of the surplus revenue by the deposit act of June 23, 1836, but Jackson was disturbed by the paper aspect of the question. To protect the Treasury and the settlers from the speculators who were using excessive bank credits to buy tremendous amounts of public lands, Jackson issued the specie circular, July 11, 1836.' This order instructed the receivers of public money to accept in pajTnent for the public lands, after August 15, nothing but gold and silver, and in certain cases Vir- ginia land scrip. Until December 15, however, the order was not to apply to actual settlers or to bona fide residents of any State in which the sales were made for amounts of land less than three hundred and twenty acres. The Whigs in the West attacked the ' Thus the public lands were proving in this session an obstacle to ordinary legisla- tion. Benton declared that "as late as June isth we had done little but growl and wrangle for the spoils o£ the Treasury." (Cong. Globe, 26th Cong., ist Sess., 85; see also Vandalia State Register, June 24, 1836.) * Jackson MSS. (Undated, but June, 1836, presumed.) . ' American State Papers, Public Lands, vni, gio. 52 THE INFLUENCE OF THE PUBLIC LANDS circular in the presidential campaign, and possibly gained votes by declaring that the circular withdrew money from circulation and put the citizens of the West at the mercy of speculators.' Western distrust of Van Buren, however, was probably the chief reason why his opponent ran so strongly in the West. In his message to Con- gress in December, Jackson defended the specie circular and spoke with satisfaction of its good results. It had tended, he declared, to keep the public lands open to immigrants at government prices, instead of their being obliged to buy from speculators at double or triple prices. "It remains for Congress," he continued, "if they approve the policy which dictated this order, to follow it up in its various bearings. Much good in my judgment would be produced by prohibiting the sales of Public Lands except to actual settlers at a reasonable reduction of price, and to limit the quantity which shall be sold to them. Although it is believed that the General Gov- ernment never ought to receive anything but the constitutional currency in exchange for the Public Lands, that point would be of less importance if the lands were sold for immediate settlement and cultivation. Indeed, there is scarcely a mischief arising out of our present land system, including the accumulating surplus of rev- enues, which would not be remedied at once by a restriction on land sales to actual settlers, and it promises other advantages to the coimtry in general and to the new States in particular which can- not fail to receive the most profound consideration of Congress." ^ Levi Woodbury, Secretary of the Treastiry, approved the restric- tion of sales of public lands to actual settlers, as a possible solution of the paper surplus problem, in his report to Congress, December 6, 1836.' The recommendation of Jackson was given legislative form by the bill proposed in the Senate by Morris, of Ohio, December 14, ' Quincy (Illinois) Argus, in Missouri Argiis, August 26, 1836; Northwestern Gazette and Galena Advertiser, August 27, September 3, and October 29, 1836. "The Treasury circular did much to .the injury of the hitherto popular party in this section [Illinois], and I think throughout the West generally. The settlers believe it operates in favor of the speculator; and believe me any measure that shall appear to favor the speculator or the rich exclusively, the settlers go against. The settlers say and justly that they cannot command the specie so readily as the moneyed speculator." (S. S. Milton to N. J. Tilden, January 3, 1837; Van Buren MSS.) * Richardson, Messages and Papers, m, 250. ' Cong Debates, 24th Cong., 2d Sess., Appendix, 76. PUBLIC LANDS, SURPLUS AND PANIC 53 1836, to prohibit the sale of public lands except to actual settlers; • it was indorsed by the Committee on Public Lands in its report on Morris's bill, January 2, 1837," and was supported by the Washing- ton G/o6e as a measure expected by the country from the Demo- cratic majority in the Senate and House of Representatives.' The Secretary of the Treasury had also suggested the reduction of the tariff as a solution of the paper surplus problem, and the Committee on Ways and Means in the House of Representatives had given a stronger emphasis to this method than to the restric- tion of the sales of land to actual settlers.* On the other hand, Senator Wright, of New York when introducing the bill for the re- duction of the revenue from the Committee on Finance, declared, that if Congress, by any legislative action, at its present session, could reduce the receipts into the Treasury to the wants of the Government, the most important measures to reach that object must relate to the lands, and go to reduce the receipts from that source." ^ This conclusion, Wright continued, was based on the land receipts for the past two years, which had amovmted to a svun exceeding the usual estimate of the wants of the Treasury for these two years. " If, then, every dollar of the revenue from customs were instantly repealed, and the receipts from the lands were to continue at the rates of the last year, there would still be a surplus in the Treasury, or the expenses of the Government must be swollen beyond the amount which is considered economical and desirable. ' Senate Bills and Resolutions, 24th Cong., 2d Sess., no. 20. The restriction of sale to actual settlers was to be efEected by withholding title until the land (one section being the limit of purchase) had been cultivated and resided on for four years. The bill also provided for the graduation of the price of land from one dollar and twenty-five cents to seventy-five cents an acre according to the number of years it had been on sale. 2 liid.., Morris's bill was amended by the Committee on Public Lands by the inser- tion of a preemption arrangement in place of graduation, by which any applicant who hadactuallyoccupied, before December 1, 1836, land never before offered for sale at public auction, could buy not more than one hundred and sixty acres at the minimum price, including his improvements. The Committee on Public Lands also changed somewhat the conditions of sale to actual settlers. Two sections were now made the limit of purchase. No patent was to be issued unless the applicant erected a house and cleared one eighth of the land within five years, or actually resided on the land for three of the five years. ' January 7, 1837. • Niles's Register, li, 326. ' Cong. Debates, 24th -Cong., 2d Sess., 569. 54 THE INFLUENCE OF THE PUBLIC LANDS It was, therefore, impossible to apply an efficient and adequate remedy for the existing evil of a redundant revenue by any reduc- tions of the revenue from customs. The receipts from the lands was the seat of the evil and to that quarter the great and current remedies must be directed." ' Meanwhile the Whigs insisted on spending the surplus by dis- tributing the proceeds from the sale of the public lands,' or by extending the deposit bill.' Ewing, of Ohio, brought forward a resolution to annul the specie circular and also to prohibit the Secretary of the Treasury from making any discrimination iniimds received from different individuals or from different branches of public revenue.^ This was a direct blow at Jackson. The resolution was passed to a third reading, so that Rives, a Democratic Senator from Virginia, might offer a substitute in the form of an amend- ment which designated funds receivable for public revenues.' Jackson was naturally hostile to the resolution rescinding the specie circular, as he regarded it as a censure on his issue of the circular. He also objected to Rives's substitute bill, considering it an oblique censure " rather than otherwise leading to the impression that the Treasury order was not within the Constitutional duties of the Executive." * Jackson asked his friends to reject Ewing's resolution, and put in a separate bill what was contained in the amendment of Rives. If this were not done he would veto.^ The ' Cong. Debates, 24th Cong., 2d Sess., S70- ' Clay introduced a bill for this purpose, December 19, 1836. {Senale Journal, 24th Cong., 2d Sess., 46.) ' Calhoun introduced a bill to extend the provisions of the deposit act of June 23, 1836, to the money that might be in the Treasury, January i, 1838. {Senate Journal, 24th Cong., 2d Sess., 53.) ♦ Senate Journal, 24th Cong., 2d Sess., 31. " Cong. Debates, 24th Cong., 2d Sess., 123. ' Jackson to Blair, to be communicated to Rives and Grundy, January, 1837. (Jackson MSS.) ' " No benefit can come to the public by the amendment proposed. Why call on the President to sanction a measure which is, as he views it, an indirect censure upon him? Why not meet that part which alone are {sic) useful — the limit of the size of the notes — by a law regulating the Deposit Banks, and not by an amendment to the Resolu- tion of censure? I ask, then, of my friends to reject Ewing's Resolution, and do by law what is expected by the Amendment, which you see I cannot approve if sent to me." {Ibid.) PUBLIC LANDS, SURPLUS AND PANIC 55 procedure of the Senate shows that this course was adopted. The resolution as amended was referred, January ii, 1837, to the Com- mittee on Public Lands/ and on January 21, upon the recommen- dation * of that Committee, was referred to the Committee on Finance,' where it died. Meanwhile, on January 18, the Com- mittee on Public Lands reported a bill providing for the reception by the Government of the notes of no bank issmng paper imder five dollars, and, after December 30, 1839, under ten dollars.^ This bill applied to receipts from the public lands as well as from other sources. Even in this form Jackson objected to the bill, and took the stand that he would not accept any measure which would re- flect on his action of the previous summer, unless he received first in some form or other a congressional sanction for his action. He regarded the passage of the land bill restricting the sale of land to actual settlers as such a sanction, because this bill would stop land speculation which the receiving of bank notes had encouraged.^ Jackson in fact wrote to Blair, asking him to communicate with Gnmdy and Rives, with the aim of influencing the latter to have his substitute for Ewing's resolution laid aside and the land bill made the forerunner of any measure to rescind the specie circular.* Grundy, at Blair's request, told Rives that he could not have the support of Jackson or of Jackson's personal friends, unless the land biU was passed first." Rives knew he must have Jackson's approval for the bill to become law, and xmtil February 10 he needed the support of the Jackson men to pass his bill in the Senate.* An arrangement between Jackson and Rives seems to have been made, ' Cong. Debates, 24th Cong., 2d Sess., 376. • Ibid., S33- ' Ibid., 534. ' Senate Journal, 24th Cong., 2d Sess., 133. ' Blair to Jackson, April 14, 1839. (Jackson MSS.) • This may be seen from an examination of the procedure and the votes. The fifteen Whigs were opposed to Rives until February 10, as seen by their voting to put his bill on the table, January 30, when it was all ready for final passage, in opposition to the whole of Rives's personal following (Senate Journal, 24th Cong., 2d Sess., 177) ; by the testimony of the New York Express, February i, 1837, that Rives was trying to enlist enough of the Administration to pass his bill; and by the Whigs swinging over to Rives, when he accepted Clay's amendment, February 10 (Cong. Debates, 24th Cong., ad Sess., 778). If we subtract from the 41 yeas of the final vote the 15 yeas of the Whigs, we have left 26 in favor and 20 against. A study of procedure shows that Dana, Ful- ton, Grundy, Page, and Strange were loyal supporters of Jackson on all occasions. Thus it is clear that the Jackson men held the balance of power up to February 10. 56 TEE INFLUENCE OF THE PUBLIC LANDS for the land bill passed February 9,1 a day before the passage of Rives's bill,^ and the followers of Jackson and Rives voted for both bills. The Whigs in a body swung over in favor of Rives's bill be- cause of Clay's amendment, added the last day, rescinding the specie circular.' In the House of Representatives, Rives did not carry out his agreement with Jackson. Rives's bill was passed before the land bill was considered on March i,^ and it seems as if Rives might have prevented the defeat of the land bill, since sixteen Democrats who voted for Rives's bill voted against the land bill, and eight others were absent when the land bill was voted on.* At all events, Jackson regarded Rives as responsible for the loss of the land bill, and in return pocket-vetoed Rives's bill when it came to him for his signature.® The land bill, as recommended by the Committee on Public Lands, January 2, 1837, was not satisfactory to the pioneer West. Sevier, Senator from Arkansas, declared that the West wanted the control of the land within their limits, and with anything short of this they would never rest content.^ Until then the changes in public land administration which they especially wanted were the restriction of the sales of land to actual settlers, the right of the States to tax the land as soon as it was sold by the Government, permanent preemption, and graduation.* The bill before the Sen- ate included only the first and restrospective preemption. Morris, of Ohio, endeavored to add a graduation amendment, but it was defeated on January 20 by the close vote of 19 to 18.'' The com- ' Cong. Globe, 24th Cong., 2d Sess., 167. ' Senate Journal, 24th Cong., 2d Sess., 233. ' Cong. Debates, 24th Cong., 2d Sess., 778. The Jackson men would hardly have accepted such an amendment if Jackson had not made an anangement with Rives. * Ibid., 2090. ' Ibid., 2091-92. Walker's bill was tabled by a vote of 107 to 91. A change of nine votes would have altered the result. " Blair to Jackson, April 14, 1839. (Jackson MSS.) ' Cong. Debates, 24th Cong., 2d Sess., 732. ' Ibid., 679, 732; Arkansas Weekly Gazette, February 14, 1837; New York Daily Express, January 20, 1837; New York Evening Post for the country, February 3, 1837. ' Cong. Debates, 24th Cong., ad Sess., 529. An analysis of the vote shows: — Yet No Eastern Whig3 i 7 Western " 4 3 Eastern Democrats 1 g Western " la 18 19 PUBLIC LANDS, SURPLUS AND PANIC 57 bination of Whigs and Eastern Democrats in the Senate proved too strong for the pioneer West, though aided by Clayton, of Delaware, and Rives, of Virginia. Sevier was much disappointed, and accused Van Buren, Jackson's successful nominee, of not furthering Jack- son's policy as he had promised, because he had not urged his fol- lowers in the old States, over whom he had influence, to vote for this graduation amendment.* "I shall be deluded no longer," he declared, "the South and Southwest will no longer be trifled with. The graduation bill must be given them. Else I will vote against the whole bill, and unless this bill is passed I will go with the Sena- >- tor from South Carolina and vote for complete distribution as it has been distributed, and knock off every protecting duty." ^ Tipton, of Indiana, tried to add a graduation amendment a few days later, but it failed by the same vote as earlier.' Even Benton was unable to add a provision whereby actual settlers could buy land, which had been offered for five years at a dollar and a quarter an acre, for one dollar an acre.* This amendment was more conservative than his bill which actually passed the Senate in 1830, but the South was now more complacent on the tariff question. The land bill progressed but slowly toward passage in the Senate, fought over as it was by the Whigs who wanted to distribute the proceeds from the sales of public lands, and by the representatives of the Western settlers who tried in vain to add the graduation principle.' Its Democratic supporters claimed that the bill would stop speculation in the public lands and reduce the income of the Government to the proper limits,' while its Whig opponents as- ' Ibid., 732; New York Express, February 3, 1837; Northwestern Gazette and Galena Advertiser, February 25, 1837. A comparison of the votes on graduation, January 20, 1837, and April 13, 1838 {Cong. Globe, 25th Cong., 2d Sess., 305), shows that Hubbaid, of New Hampshire, Niles, of Connecticut, Strange, of North Carolina, and Wright, of New York, all Democrats, voted in favor in 1838 and against in 1837. Of course one or more may have been influenced by personal interests in 1837, and Van Buren may not yet have been in a position to exact allegiance from Eastern Democrats on Western measures. ' Cong. Denies, 24th Cong., 2d Sess., 732. ' January 24. (Ibid., 756.) * January 25. {Ibid., 557.) ' Other attempts were made by Western Senators to add the graduation prindple, but Eastern sentiment was too strongly opposed: Moore's amendment was lost, Febru- ary 2, 1837 {Ibid., 671,677); White's amendment was lost, Februarys {ibid., 678, 696); and Moore's was again lost, February 7 {ibid., 728). ' Ibid., 419 and/. 58 THE INFLUENCE OF THE PUBLIC LANDS sertedthat it would encourage speculation in the future and increase the public land sales.' Calhoxin declared that the effect of the land bill would be to "secure the most enormous speculation which has ever been witnessed on this continent," ^ for the government money, placed in the pet banks, had been loaned to pet speculators, who now relied on the sales of the lands, which they had purchased, for the means of paying their debts. The Government must not sell, for it would interfere with their sales. Thus the land bill was "regulated to consummate these plans of speculation," since " without this measure or something equivalent to it they must end in loss." ' "My opinion in regard to the public lands," continued Calhoim, "has imdergone a great change dviring the course of this debate. I thought there was a majority in this Senate who would resolutely object to all rash changes in our land system. I hoped most confidently that New England at least would have stood fast. I have been disappointed. I hoped that the public lands would not be drawn into our political contests. But in this too I have been entirely disappointed. I see that the era has arrived when our large capitalists are in a fair way to seize upon the whole body of the public lands. This has compelled a great change to take place in my mind. I greatly fear that we have reached the time when the public domain is lost to the Government for all useful purposes. We may, indeed, receive some amount of revenue from it, but it will be accompanied with such agitations, and so much trouble and political corruption, that the game wiU not compensate for the evil incurred. I have made up my mind if a fair compensation can be made to cede the whole to the new States on some fixed and well- considered condition." * The following day, February 7, Calhoun offered an amendment to the land bill in the form of a substitute' for that bill. It provided that all the public lands should be ceded to the Western States in which they lay on condition that they should pass irrevocable acts to pay the United States annually thirty-three and one-third per cent of the gross amount of their sales ; that they should retain the ex- * Cong. Debates, 24th Cong., 2d Sess., 512-13, 645-46. * Ibid., 702. ' Ibid., 703; see also Charleston Mercury, February 24, 1837; United States Tele- graph, February 2 and 8, 1837. * Ibid., 705. » Ibid., 729. PUBLIC LANDS, SURPLUS AND PANIC 59 isting sale and survey systems ; that, after January i , 1 842 , the States might, if they wished, initiate a graduated system of prices accord- ing to a stated scale; that the States should pay the expense of the management of the public domain and the extinguishing of Indian titles; that the portion retained by the States should include the five per cent fund, or any part not already advanced to any State; and that any State could tax lands sold as soon as the President had been notified that that State had passed an act in compliance with the above conditions. This plan of Calhoun was not an orig- inal idea, though it did contain new features. On May 20, 1826, Tazewell, of Virginia, had introduced a resolution in the Senate proposing the cession of the pubhc lands to the States, though on rather vague terms; ^ January 9, 1827,^ and again, January 28, 1828,' Hendricks, of Indiana, had moved, as an amendment to Benton's graduation bill, a cession to the States on condition that the States should not sell for less price than in the Territories. Van Buren, in April, 1828, favored a cession to the States on reason- able terms,^ and McLane advocated much the same plan in his report to Congress, in December, 1831.^ Calhoim himself had fav- ored the giving of the lands to the States on equitable terms in 1830, if we may regard Hayne, of South Carolina, as representing Cal- houn. * Memorials from Western States at different times had asked similar action by Congress.^ Calhoun's cession bill of 1837 modi- fied outright cession by making the States return a proportion of the receipts from pubUc land sales to the general Government, and requiring them to use the federal system of survey. Calhoun rested the necessity for his action, in part, on the char- acter of the land biU already before the Senate and the circum- stances which were attending its passage through that body. From all he had seen and heard, he was satisfied that the bill did not have the hearty approbation of any of its supporters, whether from the old or the new States. "Many, who had -uniformly opposed all ' Cong. Debates, 19th Cong., ist Sess., 782. ' Senate Bills and Resolutions, igth Cong., 2d Sess., no. $. ' Senate Journal, 20th Cong., ist Sess., 124. ' Van Buren MSS. ^ Cong. Debates, 22d Cong., ist Sess., Appendix, 29-30. " Cong. Debates, 21st Cong., ist Sess., 35. ' American State Papers, Public Lands, rv, 529, 871; v, 445-47; 622-23. , 60 TEE INFLUENCE OF THE PUBLIC LANDS measures of the kind," he declared, "and who represented portions of the Union which had ever been vigilant on all questions con- nected with the public lands, were found in the ranks of those who supported the bill. The explanation is easy. It assumed the char- acter of a party measure to be carried on party groimds, without reference to the true interests of either the new or old States; and, if we are to credit declarations made elsewhere,^ to fulfill obligations contracted anterior to the late presidential election. From all this, . I inferred we had reached the period when it was no longer possible to prevent the public domain from becoming the subject of party contention, and being used by party as an engine to control the politics of the country." ^ In proposing cession to the States, Cal- houn had other ostensible objects than taking the public lands out of politics. He announced that he was trying thereby to counter- act centralism by breaking down the vassalage of the new States and also to stop the corruption which had resulted from the large amoimt of patronage connected with the management of the public domain.' Calhoun's point of view was not determined by funda- mental interest in Western settlement. He doubtless hoped his cession plan would defeat the land bill in the Senate, or House of Representatives, and so afford a better chance for the success of his deposit bill. He also probably wanted to protect the South as a section by using Western gratitude for a lower tariff at the time of readjustment in 1842. By defeating the Democratic pro-Westerit land measure and by permanently disposing of the public lands, he would be benefited himseff, and at the same time would be taking capital out of the hands of other political aspirants. The Charles- ton Mercury declared later that Calhoim's cession project "killed the land bill and broke the arm of the New York policy which can- not be maintained without keeping the Western States in govern- ment leading strings." * Thus in reality Calhoun was using public lands for a political purpose just as much as those from whom he declared he was taking this political football. Instead of appealing 1 Calhoun may have been referring to Sevier's declaration, or those found in the Whig newspapers during this session of Congress. New York Daily Express, February I, 3. 1837; Boston Courier, February 7, 1837. » Ccmg. Debates, 24th Cong., 2d Sess., 746. • Ibid., 735-36. * March s, 1837. PUBLIC LANDS, SURPLUS AND PANIC 6l to the North Atlantic States, or to the old West, as did Clay by his distribution bill, oi to the West, as Rives and Van Buren were doing by piecemeal public land legislation, Calhoun was appealing to the permanent gratitude of the West by giving them the control of their public! lands, and a bonus consisting of the difference be- tween the tlurty-three and one-third per cent to be paid to the general Gpvernment plus the cost of administration and whatever was obtained from the sales of the public lands. Dissatisfied with the land bill, the pioneer West was inclined to welcome Calhoun's cession plan. Sevier announced that "it was the only measure which would give full and final satisfaction to the West. . . . Come from what quarter it might, he, for one, stood ready to advocate it." ' King, of Georgia, also preferred Calhoun's substitute, believing "it would be a himdred thousand times better for the people of the United States"; * and Walker, of Mississippi, stated that whether it came from friend or foe it would have his ^ most decided support." Other Westerners were willing to go for it as a separate bill, but they would not consent to risk the land bill, now far advanced in the Senate, by accepting the amendment pro- posed by Calhoun.^ Benton strongly opposed the cession amend- ment, declaring that within less than three years the new census would be taken, and that " after that time the State of Arkansas would enjoy three or four times her present weight in the councils of the nation. By that time we should probably have three new States : two on the Mississippi and one on the Gulf of Mexico ; while the representation of the new States already in the Union would be greatly enlarged. If the Senator from Arkansas would but restrain his impatience imtil that period should arrive, the West would settle this question of the public lands just as it pleased. They would settle this matter as they would settle the presidency; and the older States must look to them for both. He was not going to surrender advantages like these for thirty years to come, for the sake of the proposition now advanced. He! he who had introduced this measure; he who had originated it; he who had fought it up, was not going to suffer himself to be forestalled by any thirty years' > Cong. Debates, 24th Cong., 2d Sess., 733. ' Ibid., 731. ' Ibid. ♦ Ibid., 731, 734. 62 TEE INFLUENCE OF THE PUBLIC LANDS bargain. In three years more, they could write their own terms, and lay them on the table of the Senate. They would be bid for, and bid deeply for, by every candidate for the presidency." ' Sevier re- joined that "it might be very true that the Presidential candidates would bid deep for the favor of the West, but that was no reason why the West should refuse a good offer when it was made. . . . Here was a proposition to cede them the lands and he should vote for it." » Calhoun's amendment was defeated, February 7, by a vote of 28 to 7, only s Westerners voting with Calhoun, of South Carolina, and King, of Georgia, in favor, as against 11 Western Democrats, 10 Eastern Democrats, and 7 Whigs opposed.' Immediately after- wards the land bill was ordered to its third reading by a vote of 25 to 15.^ Of the 25, 9 were Eastern Democrats and the rest were Westerners, 13 Democrats and 3 Whigs. Two Democrats, Sevier, of Arkansas, and King, of Georgia, and 2 Western Whigs, Ewing, of Ohio, and White, of Tennessee, acted with 11 Eastern Whigs in opposition. Two days later, Calhoim introduced his cession plan as a separate bill, and asked its reference to a Committee on Public Lands or to a select committee.^ Now that the land bill was not endangered by Calhoun's proposal, more Western Senators came out in favor of it. Even Benton supported it, declaring that "he was for both the principles contained in this bill; and as to the details, when he was cordial about a principle he never should balk at them; he would give and take." * Clay, of Kentucky, was firmly opposed to Cal- houn's project, and implored his brother Senators on all sides of the house, "by every consideration of love to their country, and regard to their own reputation, not to allow a matter of this weight and moment to be made an object of party politics"; ' he conjured them "to abstain from appeals by the new States to this or that party," ^ and he asked them "if the impression had not been cre- ated that the party now dominant in the country intended to appeal to the new States, and, by conciliating their favor, to per- petuate itself in power." ^ He then gave Calhoun to understand 1 Cong. Debates, 24th Cong. 2d Sess., 733. ' Ibid., 734. • Ibid., 736. * Ibid., 736-37- ° Ibid., 739-40- ' IM-, 79i- ' Ibid., 742. PUBLIC LANDS, SURPLUS AND PANIC 63 that in offering a bigger boon to the Western States thantheDemo- cratic party offered by the land bill, he was exposing himself to the same suspicion of appealing to the West for selfish purposes. "Was it not inevitable," he continued, "from the nature of the object in question, that if one party made it an instrument to retain political power, another party would be induced to do the same thing? And the restdt must be an appeal, by both parties, to the new States, by the sacrifice of that great interest which ought sacredly to be pre- served for the benefit of the whole." ' Buchanan, of Pennsylvania, termed Calhoun's cession bill "the most splendid bribe that has ever yet been offered for the presidency"; ^ and NUes, of Connecti- cut, called it " a grand new land scheme thrown into the Senate like the golden apple of discord." ' The Whig newspapers denounced the Democratic party and Cal- hoxm for appealing to the West and stripping the old States of their rightful property. "The Public Domain is up for bargaining and vote buying," * announced the Boston Courier. The New York Express stated that "Rives and Benton are going to use the Public Lands as a stock in trade to traffic for the votes of the West and Southwest when they come into competition as candidates for the Presidency after Van Buren's days are over." ^ The Connecticut Courant referred to Calhoun's cession bill as an "electioneering bargain and sale"; ° and the New York Express declared that it was " one of the greatest moves ever made in Congress." ^ The Charleston Mercury admitted that "as a masterly political move- ment this project of Calhoun's is imequaled by anything which our political history can furnish." ^ Calhoun's cession bill was tabled, February 11, by a vote of 26 to 20.' An analysis of the vote shows that all the twenty came from the South and West, and the twenty-six against consisted of the solid North Atlantic States, Virginia, North Carolina, and one • Cong. Debates, 24th Cong., 2d Sess., 742. ^ Benton, Thirty Years' View, 1, 708; Cong. Debates, 24th Cong., 2d Sess., 731. • Cong. Debates, 24th Cong., 2d Sess., 735. * February 7, 1837. ' January 26, 1837; see also February 3, 1837, and Boston Courier, February 7, 1837, for similar claims. The whole career of Benton is a repudiation of the charge. • February 18, 1837. ' February 14, 1837. " February 14, 1837, 9 Cong. Debates, 24th Cong., 2d Sess., 794. 64 TEE INFLUENCE OF THE PUBLIC LANDS each from Ohio and Kentucky. As in 1830 and 1832, the West was willing to be bid for by Calhoun and the South. The motives of those opposed were probably varied. They may have been actu- ated in part by loyalty to section, and in part by loyalty to their political chiefs, Clay and Van Buren, who did not intend to lose such a valuable asset in winning the West to their own standards. The Charleston Mercury maintained that the Van Buren Senators opposed Calhoun's proposition because they feared it woiild inter- fere with their effort to bind the rapidly increasing Western interest to the New York interest. This they were attempting to do "first by extending through the Western States the New York system of party discipline, second by wielding exclusively the money power in the West by the Government Deposit Banks, and third by the control of the public lands." ' Meanwhile, on February 9, the land bill ^ passed the Senate by a vote of 27 to 23.' The complexion of the vote was similar to that on the third reading. Of the twenty-seven in favor, eleven were Eastern Democrats and the rest were Westerners, including three Whigs, while of the twenty-three opposed, eighteen were Whigs and five were Democrats. The land bill was tabled in the House of Representatives, on March i, by a vote of 107 to 91 .* This was due to the bitter opposition of the Whigs, to Eastern sectionalism, to the defection of Rives,' and to the influence of Calhouji's cession bill.' Thus, Congress had failed to carry any measure dealing with • March 4, 1837. • The land bill in its final form restricted sales to actual settlers by obliging the buyer to swear that the land was for his own use, and by withholding title till the buyer could show that he had within five years built a house and cleared one tenth of the land, or that he had resided on it one year of the five years; it also granted preemption to those who had actually occupied a tract of land before December i, 1836, and had cultivated any part of it during 1836. Niles's Register, vol. li, 369-70. ' Cong. Globe, 24th Cong., 2d Sess., 167; Washington Globe, March 8, 1837. « Cong. Globe, 24th Cong., 2d Sess., 2091-92. An analysis of the vote shows: — yes — Democrats Whigs ? No — Democrats Whigs ? East 18 SO 4 SI 3 7 West 6 (Old West) so 21 7 a ' See p. 56 of this chapter. • Charleston Mercury, February 21, and March 4, 1837. PUBLIC LANDS, SURPLUS AND PANIC 65 the public land source of the paper surplus. Jackson's specie circu- lar, however, served to break the bubble of speculative over-confi- dence, and panic overtook the country shortly after Van Buren's inauguration. Solicitations at once came from all quarters for an executive repeal of the specie circular.' Some of Van Buren's party followers prophesied injurious political effects if action were not taken,^ while others counseled allowing the circular to stand.' March 24, Van Buren drew up a draft of queries to the Cabinet on the propriety of withdrawing or modif5ang the specie circular, but as he expected cabinet division he decided to take the responsibility himself and allow the circtdar to stand.* With the general bank suspension in May, 1837, the specie circular was inoperative because the paper of the suspended banks could not be used to buy public lands. In his message to Congress at the special session, in Sep- tember, 1837, Van Buren stated that "the effects of that order [specie circular] had been so salutary, and its forecast in regard to the increasing insecurity of bank paper had become so apparent, that, even before the catastrophe, he had resolved not to interfere with its operation. Congress is now to decide whether the revenue is to continue to be so collected or not." " ' Letters of the following to Van Buren: R. I. Ward, March 22, 1837; J. F. H. Clai- borne, April 10, 1837; J. McCIure, April 26, 1837; A. Lane, April 26, 1837; J. S. D'Arcy, April, 1837. (Van Buren MSS.) 2 Letters of the following to Van Buren: W. C. Rives, April 7, 1837; H. Tolland, April 3, 1837; T. Cooper, April 14, 1837; R. Patterson, April 29, 1837. (Van Buren MSS.) • Letters of the following to Van Buren: Jackson, March 21, 22, and 30, 1837; Wright, March 21, 1837; Woodbury, March 19, 1837; Cambreleng, April 8, 1837. (Van Buren MSS.) « Van Buren MSS. " Richardson, Messages and Papers, m, 339. Nothing, however, was done until 1838, when a joint resolution was passed, prohibiting the Secretary of the Treasury from making or continuing in force "any general order which shall create any differ- ence between the different branches of revenue as to the medium of payment in which debts or dues to the United States shall be paid" (Cong. Globe., 2Sth Cong., 2d Sess., 416). It passed the Senate May 29, 1838, by a vote of 34 to 9 {ibid.), and the House of Representatives the next day by a vote of 154 to 29 {House Journal, 25th Cong., 2d Sess., 1006-07). The Whigs claimed that the passage of this resolution constituted a repeal of the specie circular and was a Whig victory {National Intelligencer, May 31, 1838; New York Journal of Commerce, June 2, 1838; Maysville Eagle, June 6, 1838). On the other hand, a large portion of the Democratic party voted for it, and the ad- 66 TEE INFLUENCE OF TEE PUBLIC LANDS Owing to the panic, the problem which faced the new Adminis- tration was not a government surplus, but a deficit. Although the public lands now ceased to be an important integral part of the financial situation, they continued to exercise a strong influence, because Van Buren soon found that he could not pass his independ- ent treasury measure without giving in to the West on public lands. Up to December, 1837, Van Buren had not adopted a clearly defined public land policy. In his open letters of August, 1835, and 1836,^ he had declared himseK to be in favor of so disposing of the public lands as to effect their early settlement and cultivation by small freeholders, but on the whole he had been rather guarded in statements as to ways and means. Indeed, he had promised nothing definite except opposition to the distribution of the pro- ceeds of the public lands. Van Buren's enemies in the West recog- nized that he had not taken a definite stand, and used this fact to antagonize the Western people against him.^ Yet his friends in the West were ready to believe that as the nominee of Jackson he would follow in Jackson's footsteps.' His enemies in the East, also, were inclined to believe that he would favor the West. Adams wrote to Alexander H. Everett, December i, 1835: "Van Buren is pledged to support the principles of Jackson's administration . . . pledged I greatly fear to sacrifice the Public Lands to the grasping temper of the new Western States";^ and the Connecticut CoMro«i declared that he had promised to further Western interests on the land question, if the West would support him as a candidate.^ The new ministration newspapers viewed it rather as an extension of the principle of the circu- lar to customs receipts, compelling the Executive to make the pressure more general in case the public revenue ever again were injured (Washington Globe, May 31, 1838; New York Evening Post, June 2, 1838; Albany Argtts, June Si 1838; and Missouri Argus, June 13, 1838). ' Niles's Register, li, 26-27. ' Letters of the following to Van Buren: R. M. Gaines, October 20, 1834; S. Given, August 15, 183s; W. G. Fulton, February 19, 1836 (Van Buren MSS.); Northwestern Gazette and Galena Advertiser, July 2, 1836. ' Northwestern Gazette and Galena Advertiser, February 25, 1837; Cong. Debates, 24th Cong., 2d Sess., 732. * Am. Hist. Rev., xi, 348. ' February 11, 18, and March 4, 1837; see also New York Daily Express, February 3. 1837- PUBLIC LANDS, SURPLUS AND PANIC 67 West had not been at all satisfied with Van Buren's attitude during the Congress following his election. It will be remembered that Sevier, of Arkansas, had actually accused Van Buren of not adher- ing to Jackson's policy, as he had promised, because he did not influence his Eastern followers to vote for the graduation amend- ments to the land bill. Van Buren evidently recognized the expediency of acquainting the West with his plan for separating the Government from all banks, in the spring of 1837, as seen by his asking Benton to join Rives, Buchanan, Wright, and Tallmadge in a conference on the character of the future fiscal agency.* Van Buren's divorce plan, as recommended to the special session of Congress in September, 1837, with Calhoun's specie amendment, was not acceptable to the West as a whole. The Western Whigs immediately attacked it, and several Western Democrats joined the opposition. Smith, of Indiana, protested against the measure as being hostile to Western interests. "Does not every Western man see," he declared, "that its practical effect must be to drain all our specie from us through the land offices and post-offices? . . . Would it not at once amoimt, in effect, to a confiscation of at least two thirds of the property in the country? Would it not increase, as two to one, the debts of the People? And how, let me ask, do gentlemen suppose the debtors — either merchants, banks, or people — can pay their debts if specie should be required? Property must come to the hammer of the auctioneer; and the sacrifice would create ruin." '^ Tipton, of Indi- ana, declared that the divorce bill would have a tendency to cripple the state banks. "A single breath," he asserted, "from Congress and the President saying to the state banks, 'We will not receive your paper in payment of duties or for public lands,' will strike fifty per cent off the value of all the property of our constituents." ' If it had not been for the assistance of the main body of the West- ern Democrats, the Independent treasury bill would not have passed the Senate, as it did October 4, 1837, by a vote of 26 to 20.* * Van Buren to Rives, May 25, 1837. (Van Buren MSS.) June "4, 1837, Wright wrote Van Buren that he would get into communication with "Benton, Rives, and Buchanan'' on the subject of the Sub-Treasury. (Van Buren MSS.) ' Cong. Globe, 2sth Cong., ist Sess., Appendix, 167. • Ibid., 62. * Ibid., 100. 68 TEE INFLUENCE OF THE PUBLIC LANDS Of the 26, 14 were Western Democrats, while 3 Western Democrats and 2 Eastern Democrats joined 15 Whigs in opposition. In the House of Representatives the Whigs were stronger, and with the aid of several Democrats succeeded in tabling the bill with a vote of 1 20 to 107.' As in the Senate, the West was divided on the meas- ure, but in inverse proportion, for in the House its Western oppo- nents were double the number of its Western supporters. Forty- one Western Whigs and 5 Western Democrats voted against the bill, while 20 Western Democrats favored it. Van Buren probably studied the vote in the Senate and House, and learned that the assistance of the West was essential to the passage of his independ- ent treasury bill. The Democratic loss in the Western fall elections was doubtless a cumulative influence in rousing In'm to action. The result was that his recommendations on public lands in his message to Congress, December 5, 1837, had a decided Western tinge. The government deficit resulting from the panic may also have influenced Van Buren to take this action. Benton had at once used the deficit as an additional argument for graduating the price of public lands, and he urged Van Buren to take immediate advan- tage of this resource to get suppUes for the Gtovemment. "The lands not yet in the market," Benton wrote Van Buren, "but ready to be offered, will bring in large sums immediately; the old lands, say one hundred miUion acres, at graduating prices will sell as fast as we need them. , . . The sale of the old lands by a law of Con- gress graduating the price is one of the first things I think for Con- gress to do." 2 Benton's arguments may have had weight with Van Buren in his decision to recommend graduation in December, 1837. Another factor which probably induced Van Buren to declare himself in favor of a liberal land policy was the pressure of the Loco Foco labor element, which wanted freer access to the public domain. The labor agitation of the twenties for the donation of ' Cong. Globe, 2$th Cong., ist Sess., 141. ' May 21, 1837. (Van Buren MSS.) As graduation was not passed by Congress in 1838, Van Buren again recommended it in his two successive annual messages (Rich- ardson, Messages and Papers, iii, 496, 537), and the Secretary of the Treasury (Cong. Globe, 26th Cong.,ist Sess., 18; Wasliington Globe, January 5, 1839), and the Financial Committee of the Senate (Senate Documents, 25th Cong., 3d Sess., no. 11, 14; Wash- ington Globe, January 5, 1839) indorsed it as a means of increasing the treasury income. PUBLIC LANDS, SURPLUS AND PANIC 69 the public lands to settlers had grown to such an extent in the thir- ties that their demands were embodied in one of the resolutions of the National Trades Union Convention of 1834: "Resolved, that this Convention deprecate the system now practiced in the disposal of the Public Lands, because of its violating the inherent rights of the citizen, seeing that the whole of the unseated lands belong xmto the people, and should not be disposed of to the prejudice of any class of society, each and every citizen having a just claim to an equitable portion thereof, a location upon which being the only just title thereimto." ^ Again, in the Convention of 1836, came this clear-cut declaration: "Resolved, that the public lands are the public domain, and that the said domain should be appropriated only to actual settlers, labor expended thereon being the title that equal laws and equal rights will approve." ^ The workingmen in- sisted upon the freedom of the public lands the more strenuously in these years of rising prices, because they believed that the welfare of their class as a whole would be benefited; they contended that if the Western lands were open only to actual settlers, wages would rise and strikes would be unnecessary, for the draining off of surplus labor would increase the demand for labor in the East.^ George H. Evans, one of the labor leaders, was continually urging this view: "We have proposed, and do propose that the public lands should no longer be sold, but that any man, unpossessed of land, should be allowed to take possession of a certain portion of the unap- propriated domain for the purpose of cultivation. ... If this pro- posal were adopted it would prevent the surplus of laborers in any mechanical branch, and, consequently, the necessity of turnouts." * After workingmen had joined the Loco Foco party in September, 1836, the latter advocated the cause of labor in their resolutions and speeches. They supported Jackson's specie circular and Van Buren's refusal to rescind it as a protection of the lands of the peo- ple from the monopoly of speculators,^ but they attacked an ad- ministration of the public domain which still kept the poor work- 1 J. R. Conimons, Documentary History of American Industrial Society, vi, 207. » Ibid., 280. ^ Ibid., 207-08. * Ibid., V, 46-47. « F. Brydsall, History of the Loco Foco Party, 136-37, 140, 151, 153- 70 THE INFLUENCE OF THE PUBLIC LANDS ingman from getting a freehold. As a Loco Foco leader declared in a large public gathering, Jtme 24, 1837, "The practice of reserving the public lands for the benefit of speculators and wild beasts, while thousands of God's children have not where to lay their heads; and the practice of stripping every poor man of his natural inalienable right to a share of the bounties of our Common Father . . . are sub- jects that should at this time be considered with serious attention, and acted upon with deliberate caution, by our whole people." ' The moderate Loco Focos merged with the Democratic party in the fall of 1837,^ and it is reasonable to suppose that Van Buren was influenced by their ideas in the preparation of his presidential message on the subject of the public lands. Van Biu-en declared in his message ^ that the object of the Gov- ernment's land policy "ought to be the early settlement and cul- tivation of the lands sold, and that it should discountenance, if it cannot prevent, the accumulation of large tracts in the same hands." ^ To gain these ends he recommended that the price of the public lands should vary according to their relative value, and that their sale should be in limited quantities and for actual improve- ment. He doubted whether a reduction in price according to the length of time the lands had been in the market would fiimish a true criterion of value, and suggested instead that the safest method would be to appraise lands which had been a certain length of time on sale, to classify them into two or more rates below the "^ existing minimum prices, and to make those prices permanent. In addition he favored preemption for those already on the public lands, but hoped that his plan for graduation of price would pre- vent squatting in the future. In time the refuse of sales should be transferred to the States for a reasonable equivalent, and the ma- chinery of the Land Office withdrawn. John Quincy Adams viewed 1 these recommendations as a purchase of the West by the plunder of the Western lands, and termed them the system of Jackson's message of December, 1832, "with a new coat of varnish." ^ Once having decided on public land legislation favorable to the * F. Brydsall, History of the Loco Foco Party, 149-50. ' Ihid., 174. ' Richardson, Messages and Papers, m, 384-89. * Ibid., 384-85. ' Memoirs, ix, 441. PUBLIC LANDS, SURPLUS AND PANIC 71 West, Van Buren was able to follow it up vigorously owing to his Democratic majority in the Senate. In 1838, graduation, ' based ' upon the length of time in the market, and retrospective preemp- tion ^ passed the upper house in spite of the opposition of Clay and Calhoun. Five Eastern Democratic Senators, who had voted against graduation in 1837, voted for it now, probably in return for the assistance which the Democratic Westwas giving Van Buren on the independent treasury bill. Graduation was too radical a Western measure for the Eastern Representatives to favor with its larger proportionate Eastern representation,^ but preemption had the force of repeated precedent behind it, and was read the third time by the decisive test vote of 132 to 70,^ passing later the same day by a vote of 107 to 52.* The Democrats in a body voted for the bill, with the exception of a few from the East, truer to section than to party, and carried with them a large number of Western Whigs. The New York Evening Post viewed the vote as "a perfect rout and overthrow of the Clay party. It is an omen from which the Ken- tucky gambler in politics can hardly fail to draw sad conclusions in regard to his future success." ^ The Whigs regarded the whole pro- ceeding as an attempt to add to the administration party in the new States.^ The Connecticut Courant, May 19, 1838, announced 1 December 7, 1837, Walker, of Mississippi, introduced the graduation bill, graduat- ing the price of public lands according to value (Senate Bills and Resolutions, 2Sth Cong., 2d Sess., no. 4); December 27, 1837, it was reported from the Committee on Public Lands with graduation based on time replacing graduation according to value {ibid.). The bill passed the Senate, April 13, 1838, by a vote of 27 to 16 (Cong. Globe, 2$tii Cong., 2d Sess., 305). The alliance of the Administration and the West won against the Whigs, Calhoun, and Eastern sectionalism. 2 December 28, 1837, the Committee on Public Lands reported a preemption bill, granting preemption to those then resident on the public lands (Committee Reports, 2Sth Cong., 2d Sess., L, no. 202). The bill passed the Senate, January 30, 1838, by a vote of 30 to 18 (Cong. Globe, 2Sth Cong., 2d Sess., 149). The complexion of the vote was the same as on graduation. See also Washington Globe, January 29, 1838; Mis- souri Argtis, July 10, 1838. ' The graduation bill from the Senate was reported to the House of Representa- tives by the Committee on Public Lands (Cong. Globe, 25th Cong., 2d Sess., 311), but no further action was taken on it. * June 14, 1838. (Cong. Globe, 2Sth Cong., 2d Sess., 452.) ^ New York Evening Post for the country, Jnrne 21, 1838. ' Boston Mercantile Journal, February 3, 1838; Boston Courier, February i, and April 19, 1838. 72 THE INFLUENCE OF THE PUBLIC LANDS that the public lands will be used two years hence to secure the reelection of Van Buren, unless something strong is done in opposi- tion. The Boston Courier declared that the interests of the whole Union were being "sacrificed by those to whom they were com- mitted as a sacred trust, for the purpose of corrupt party votes. The preemption bill is not the only straw which shows the way the wind blows. . . . The Public Lands sway the whole Southwest, excepting scarcely as much as Shadrach, Meshach, and Abednego, with more power and energy than was in the strength of Nebuchad- nezzar ; and every great political party which will help the Western States to prey on the PubUc Lands, which they think they have a perfect right to do, will be sure to obtain the whole of their help in attaining and retaining an ascendency of power in the general politics of the country." ^ The support which the Democratic West was giving to the independent treasury bill may have been in the writer's mind. The passage of this bill in the Senate, March 26, 1838, by a vote of 27 to 25,^ would have been impossible, had it not been for the yeas of 15 Western Democrats. The vote against consisted of 2 Western and 2 Eastern Democrats, 2 Western and 2 Eastern Conservatives, 3 Western and 13 Eastern Whigs, and Cal- houn. The preponderance of Western Whigs and Conservatives still prevented passage in the House of Representatives.' The Western Democrats coidd muster only 19 in favor as compared with the 47 Whigs and Conservatives against. In the face of the indorsement of Western public land measures by the Administration, Calhoun's bid to the West was not heard. He introduced his cession plan, February 5, 1838,^ and Walker, on March i, reported it from the Committee on Public Lands without amendment.^ Calhoun was not disappointed when no ftirther action was taken upon it, because he wanted merely to bring the subject before the people with a view to pressing its passage some time in the future.* Clay contmued to fight against the passage of the graduation bill ^ in 1839. He wrote Brooke, January 7, that he > February 8, 1838. ' Cong. Globe, 2Sth Cong., 2d Sess., 264. ' Ibid., 478. * Ibid., 160. ' Ibid., 204. ' Charleston Mercury, March 3, 1840. ' It was introduced by Clay, of Alabama, December s, 1838 {Senate Journal, 2Sth PUBLIC LANDS, SURPLUS AND PANIC 73 "was struggling over the land subject. Whether it will be practi- cable much longer to save that great interest depends on the future ' course of the old States. / cannot much longer defeat the combined action of the Administration and the new States." ^ Clay tried to defeat the graduation bill by delays, declaring that the present Congress did not represent the true sentiment of the people on the measure;^ he did succeed, by the aid of Eastern Democrats, in recommitting the bill to the Committee on Public Lands with instructions to restrict the right of buying lands at reduced prices to actual settlers,' but he was decisively defeated in his attempt to add a distribution amendment by the vote of the Democratic party ''' as a whole.* In spite of Clay's untiring opposition, the graduation bill passed the Senate, January 17, 1839, by a vote of 27 to 22,^ the Administration and the West prevailing against the main body of the Whigs and several Eastern Democrats. Clay's efforts, however, met with success in the House of Representatives where the Eastern sectional influence was stronger, and the graduation biU was tabled, January 22, by a vote of loi to 98.* The foremost Whig newspaper, the National Intelligencer, rejoiced at what it termed a decisive defeat of graduation.' Cong., 3d Sess., 25), and reported by Walker from the Committee on Public Lands, December 10, 1838 {ibid., 34). 1 Colton, Clay, u, 436. ' Cong. Globe, 25th Cong., 3d Sess., Appendix, 50. ' Senate Journal, zsth Cong., 3d Sess., 94. * Ibid., 114. ' Cong. Globe, 25th Cong., 3d Sess., I30. An atialysis of the vote shows: — Yes Whigs Dem, Conserv. No Whigs Dem. Consen. North Atlantic 6 6 ta 8 3 i South Atlantic 1 2 8341 Old West I I 3 2 New West 8 I 61 Southwest 10 a 8 • Ibid., 140. An analysis of the vote shows: — Yes Dem. Whigs Consen. No Whigs Dem. Conserv. North Atlantic so 5 45 South Atlantic 33 7 as 4 Old West 18 18 New West Southwest No Whigs Dem. 43 43 11 II la 4 8 13 6 4 19 II 8 98 ' National Intelligencer, January 24, 1839. 74 THE INFLUENCE OF THE PUBLIC LANDS To recapitulate, the public lands, contributing as they did so largely to the revenue of the Government d\iring the years of specu- lative over-confidence, had been closely connected with the general financial situation before the panic of 1837. Owing to the renewed popularity of Clay's bill for distributing the proceeds from the sales of pubHc lands during the period of government surplus, and the complacency of the South on the tariff question after 1833, the plans of the free land West had not progressed. However, the government deficit of the years of depression and the desire of Van Buren to establish the independent Treasury had resulted in an alKance between the Administration and the pioneer West. A temporary preemption act had passed, but neither the graduation bill nor the divorce bill had been able to get through the House of Representatives. CHAPTER IV PUBLIC LANDS AND THE ELECTION OF 184O Throitghout the decade 1 830-1 840 the West had continued to be the section which was growing most rapidly in population, and therefore in political strength. Indeed, by 1840, the West held the balance of power, as its aid was necessary to each party for con- trol in Congress, or the election of its President. Clear proof of this is furnished by an examination of the preelection policy of the different elements, the Whigs, the Administration, and Calhoim's group. The maneuvering of the Whigs for the favor of the West may be seen in their dealing with the needs of the bankrupt States. During the period of over-confidence and extension of business, a ntmiber of States had undertaken vast internal improvements, and had read- ily borrowed the initial capital reqmred. As a result of the panic of 1837 and ensuing financial depression, these States were obliged to stop work on their internal improvement plans, and found them- selves unable to pay the interest on their loans which were held both at home and abroad. With the exception of Maryland and Pennsylvania, the States involved were Western, — Ohio, Indiana, Illinois, Michigan, Arkansas, and Louisiana, — and only one, Indi- ana, was distinctly Whig in politics. Affairs were in this condition when Baring Bros, issued a circular on the subject, October 18, 1839, which declared that if the whole scheme of internal improve- ments were to be completed in the United States, a more compre- hensive guaranty than that of any individual State would be re- quired, and announced that a national pledge would vmdoubtedly collect capital from all parts of Europe.' A number of Whig news- papers immediately proceeded to agitate the subject of national assumption of state debts. The National Intelligencer pubKshed a communication which proposed that the proceeds from the sales of 1 Niks's Register, Lvn, 177. 76 TEE INFLUENCE OF TEE PUBLIC LANDS the public lands be set apart for the redemption of the state debts.* The leading Whig newspaper of New York, the Courier and En- quirer, declared that the question of using the public domain to pay state debts would be presented to the next Congress in a form which would demand immediate action,* and a few days later took the lead by proposing a definite plan and asking the comment of other newspapers : "Let the Government of the United States create three hundred million of stock bearing an interest of four per cent per annum, and let this be apportioned among the States ... ac- cording to the number of their Senators and Representatives in Congress, and let the proceeds from the sales of Public Lands be set aside and sacredly pledged as a sinking fmid for the redemption of this stock." ' The New York Herald published this plan the next day, with the announcement that the plan was "so far matured by the leaders of the Whig party as to be officially promulgated in the Courier and Enquirer" * It approved the project as the only effec- tual system of relief. Other newspapers followed suit.^ As it was doubtful whether direct assumption could be carried, its projectors turned to the distribution of the proceeds of the public lands for pi the payment of the state debts.' Contemporaneous with the nomination of Harrison aind the deci- sion not to issue a party platform, all the Whig newspapers became i silent on the subject, and later the Whigs in Congress denied that they had ever planned helping the bankrupt States.^ That one prominent Whig outside the newspaper world had been actively interested may be concluded from the following evidence concern- ing Daniel Webster's visit to England. The Washington Glohe asserted that Webster went to England in the summer of 1839 to assure the English holders of state stocks that the United States ' October 28, 1839. • November 9, 1839. • November 14, 1839. • November 15, 1839. " New York American, November 20, 1839; New York Commercial Advertiser, No- vember 22, 1839. " New York Courier and Enquirer, December 18, 1839; New York Evening Post, as quoted in Charleston Mercury, January 28, 1840. Benton believed that the form which assumption would take would be the distribution of the proceeds of the public lands. (Cong. Globe, 26th Cong., ist Sess., Appendix, 87.) ' New York Courier and Enquirer, February 6, 1840; Maysville Eagle, February 8, 1840; Boston Courier, February 11, 1840; Washington Glohe, February 12, 184a PUBLIC LANDS ANP THE ELECTION OF 1S40 77 would be compelled to assume them;* that he received a purse of sixty-five thousand dollars from American bankers, of which the New York contribution of thirty thousand dollars was raised at a meeting called at the office of Baring Bros, in New York; ^ it even presimied that Webster did not withdraw his name for the presi- dency imtil a meeting was held with the London stockholders.* The Globe also emphasized the fact that Webster received five thousand dollars from Baring Bros., October 15, for sa3dng that the States could legally contract debts, a fact which was already known, and it pointed to the coincidence of this date with the date of the Baring circular of October 18.' On the other hand, in a speech at the Merchants' Meeting in New York, September 28, 1840, Webster declared on his word of honor "that no European banker or foreign holder of state securities ever suggested to me, in the remotest man- ' ner, the least notion of the assumption of the state debts by the National Government."* He admitted, however, that he was interested in selling Massachusetts and New York bonds, and that he carried with him in his trunk financial reports which persuaded Englishmen to buy such securities.* The Democratic point of view tbward Webster is exhibited by Bancroft's letter to Van Buren, February 2, 1840: "He [Webster] returned from England wretch- ' edly poor, although he made in 'England judicious sales of Western lands. This I know from a private and authentic source. And from the Barings he received not one thousand pounds merely, but four times that sum, nearly twenty thousand dollars. This was, how- ever, likewise told me privately but from authentic source." * Benton's organ, the Missouri .4fgMS, declared that the first kernel of assumption was an "ukase issued by Baring Bros, to their agents and allies, the Whig party of £Sa.e United States, and promulgated in ' February 3, 1840. * October 13, 1840; Extra Globe, September g, 1840. ' September 7, and October 13, 184a The Missouri Argus, February 21, 1840, stated that it was supposed that Webster was the author of the Baring circular. * Speech of Webster at Merchants' Meeting, New York, September 28, 1840. (Pamphlet, 16, Essex Institute, Salem.) ' Proceedings of the Mass. Hist. Soc, 3d Series, n, 387^ That Webster may have 1- continued to be interested in state stocks is shown by Bancroft's letter to Van Buren, June 6, 1843: "Webster seems not unusually embarrassed for money. It is supposed by many that he is retained by persons largely interested in state stocks, and derives a good income from their hopes and their consequent liberality." {Ibid., 406.} 78 TEE INFLUENCE OF TEE PUBLIC LANDS their ofl&cial Courier and Enquirer of New York. This was received with becoming patronage and went the round of the Federal press. The approbation of the party was expressed with a kind of faint nibbling which might be supposed to express consent among friends without betraying too far a general committal in its favor. Secretly, however, pamphlets explanatory and inflammatory were dissemi- nated all over the Union to the heads of Banks, Corporation Man- agers, and Federal plot Leaders — a general and simultaneous organization was present. A panic was to be created ... in the midst of this panic assiunption was to be thrown to the people as the only panacea." * The policy of direct or indirect assumption naturally did not appeal at all to the settlers, because the passage of preemption or graduation would be endangered; but it appealed rather to the moneyed element in the West and the East, those who desired the payment of interest on the depreciated state stocks and their con- sequent rise in value. The Whig friends of the project had become silent just before the meeting of Congress, because in the face of a Democratic majority in the Senate they could not hope for action, and they would even endanger the final success of assumption by a premature discomfiture; besides, if they agitated the question in Congress, the representatives of the settler West would learn of their plan, and they would lose the very votes in the presidential election which they hoped to gain by other promises. The Whigs preferred to wait until the campaign itself, when they might appeal directly to just the element interested in govenmient assistance, promising assumption if elected. Benton, the champion of the settlers, to prevent the fulfillment of such tactics, endeavored to force the Whigs to disclose their plan by introducing resolutions, December 27, 1839, declaring assump-J tion, in any form "a gross and flagrant violation of the Constitu- tion," and condemning it as "unjust, unwise, impolitic, and dang- erous, compelling the non-indebted States to incur burdens for others which they had refused to incur for themselves, . . . pros- trating the barriers of economy, moderation, and safety in the creation of State debts, . . . establishing a dangerous precedent, ' February 18, 1840. PUBLIC LANDS AND THE ELECTION OF 1840 79 which must soon be followed up by new debts on the part of the States, and new assumptions on the part of the Federal Govern- ment • . . begetting a spirit in Congress which must constantly cater to distributions, by preventing necessary appropriations and keeping up unnecessary taxes — laying the foundations for new and excessive tariff duties on foreign imports, to fall unequally on different parts of the Union, and most heavily on the planting, grain-growing, and provision-raising States, to their manifest injury and probable great discontent," and "tending to the con- solidation of the States, and their ultimate abject dependence on the Federal head." ^ The resolutions also emphasized that any legislative attempt to attain national assumption would result in enhancing the value of the depreciated stocks, to the great advan-'^ tage of the foreign capitalists, their principal holders, "thereby holding out inducements to foreigners to interfere in our affairs, and to bring all the influences of a moneyed power to operate upon public opinion, upon our elections, and upon State and Federal legislation, to produce a consiunmation so tempting to their cupid- ity, and so profitable to their interest." ^ To stop at once all appli- cations for assimiption, the resolutions asked the Government without delay to declare its absolute opposition to the proposal of the Baring circular, reconmiending Congress "to assimie or guarantee or provide for the ultimate payment" ' of the state debts. The Whigs tried to table Benton's resolutions, January 7, 1840,* but were defeated by a strictly party vote,^ and these resolutions were then referred to a select committee consisting of five Demo- crats and two Whigs.^ On January 30, Grundy presented the report of the committee, which upheld Benton's resolution, denounced the States in debt as having been extravagant, and argued that the non-indebted States should not be asked to pay the debts of those • Cong. Globe, 26th Cong., ist Sess., 82. ' Ibid. « Ibid., 83. * Ibid., 104. ' Ibid., 105. • Ibid., 105. Grvmdy, of Tennessee, Democrat; Lumpkin, of Georgia, Democrat; Smith, of Indiana, Whig; Young, of Illinois, Democrat; Hubbard, of New Hampshire, Democrat; Allen, of Ohio, Democrat; and Merrick, of Maryland, Whig, constituted the select committee. 80 THE INFLUENCE OP TBE PUBLIC LANDS which by reckless action had become bankrupt.' The Whigs vio- lently condemned the report as an administration attempt to dis- credit the States who had not asked for aid, and contended that the report supposed a contingency that was not likely to happen. ^ Clay, of Alabama, replied by referring to the Baring circular and quoting the Whig newspapers to prove that some of the Whigs had actually been planning assumption.* Calhoun affirmed that the anxiety of the Whigs to avoid a vote on the resolutions showed that the plan to assimie the debts of the States, by dividing the proceeds of the sales of public lands among them, was no idle fiction, and that its burden would fall on the South, as an increase of the tariff would be necessary to make good the resulting deficit in the Treas- ury.* The New York Evening Post declared that the debate seemed to exhibit pretty clearly that assumption had not been given up by its friends, otherwise Benton's resolutions and Grundy's report would not have been so violently attacked; that the object of the Whigs appeared to be to prevent the report from being accepted by the Senate, and so to suppress the view it took of the enormous amount of state extravagance; and that they regarded it as wise to postpone if possible the consideration of the question tiU the great interests involved could be brought to bear in some way upon Con- gress. "If the Senate should not commit itself by a decisive vote," the New York Evening Post continued, "if it should do nothing to discourage the corporations, the stock-jobbers and speculators who hold state stock, or who own lands along the canals and rail- roads built by the States, they may possibly manage to do what was done with so much effect by the Bank of the United States * Cong. Globe, 26th Cong., ist Sess., 155. The five Democrats had approved the report, and the two Whigs had been opposed. (New York Courier and Enquirer, February 6, 1840.) ' Maysville Eagle, February 8, 1840; Boston Courier, February 11, 1840; Washing- ton Globe, February i2, 1840; New York Courier and Enquirer, February 6, 1840. * Cong. Globe, 26th Cong., ist Sess., Appendix, 127-29. * Ibid., Appendix, 172-73; Charleston Mercury, January 28, 1840. Later, March 1, Calhoun reiterated the relation of assumption to the tariff. Cong. Globe, 26th Cong., 1st Sess., Appendix, 214. The Charleston Mercury, March 7, insisted that the connec- tion between assumption, or distribution, and the tariff was established by logic and by fact, as seen by Clay's championship of both measures, and by the agitation of both subjects with equal Zeal by the same Northern newspapers. V PUBLIC LANi:)S AND TBE ELECTION OF 1840 8 1 when it fought its great battle with the people. Let it be understood that the question is an open one, and means may be found to rally a strong party, to engage newspapers, and to present persuasive mo- tives to active poUticians within and without the walls of Congress. For our part we hope to see the report and resolutions immediately adopted, and printed for the information of the public. We wish to see this question settled at once on the general grounds of right and justice and the provisions of the Constitution, before men's judg- ments are darkened by the low consideration of private and local interest. We are glad, therefore, that it has been brought up in the Senate, and we hope that it will be disposed of in such a way as to leave the friends of the project no hope of success either now or hereafter, and effectually to put a stop to their intrigues." ^ Gnmdy also considered that some of the Whigs were planning to give assistance to the indebted States, as he wrote Polk from Wash- ington, February 9: "I have no doubt that a direct or indirect assumption of the State debts is intended by some of the leaders of the Opposition ■ — This you know would produce a high Tariff, etc., which is so much desired by the Capitalists of the North, . . . The Intelligencer in a long article abusing and misrepresenting my report does not deny the assumption as intended. If his party were against the asstmiption, it would have said so. We have got the opposition into a difficulty on this subject, from which they will find it difficult to extricate themselves — To-morrow the subject will be taken up in the Senate. It is the special order, we are determined to push our adversaries to the wall and never let them off without a direct vote on the iresolutions contained in the report." " Grundy's belief was proved by the proceedings in Congress the next day, when Crittenden proposed substitute resolutions,' declaring that the debts of the several States had been constitu* tionally contracted, that no ground existed for doubting the ability or the disposition of the States to pay their debts, " that it would be just and proper to distribute the proceeds of the sales of public lands among the several States in fair and ratable proportions, and that the conditioh of such of the States as have contracted debts is such at the present mottient of pressure and difficulty as to reader > February 3, 1840. ^ Polk MSS. » Cong. Globe, 26th Cong., 1st Sess., 178. 82 TEE INFLUENCE OF TEE PUBLIC LANDS such distribution especially expedient and important." ' These resolutions showed the attitude of the Whigs toward the debtor States, appealing to them by fair proportions, and salving their feelings by expressing respect for their financial credit. From now on, everyday that these resolutions were considered, there appeared a new Whig champion in their support. * Thus Benton's resolutions had forced the Whigs to declare their hand, though they would have preferred to wait imtil their plans had matured. The Whigs, being in a decided minority, were in no position to hope for a favorable issue. After Clay had failed in an attempt to postpone indefinitely the whole subject,^ Crittenden's resolutions were defeated by a party vote of 28 to 17,' and the same day Ben- ton's resolutions were passed in a modified form by overwhelming votes, as the Whigs declined to answer to their names.* These reso- lutions declared that assmnption of debts, which had been, or may be, contracted by the States for local objects, would be unjust, dangerous, and wholly unauthorized by the Constitution, whether by a direct promise to pay them, or indirectly by giving security or by creating surplus revenues, though it was not intended thereby "to create any doubt of the right of the States to contract debts, . . . or of their disposition or ability to fulfill their engagements." ^ By his publicity agitation Benton had aroused the South against the passage of assumption, had endeavored to reveal the Whigs in their true light to the settler West, and had weakened their appeal to the moneyed class for support in the ensuing presidential cam- paign. Whig maneuvering did not stop with their attempt to appeal to the moneyed class of the debtor States. They needed the support of the settler West, whose chief interest was a liberal land policy. To gain this they nominated, not Clay, the champion of distribu-j / tion and the steadfast enemy of all pro-Western land measures, but a Western man, Harrison, whose views were more liberal or at least not so well known. By issuing no party platform they planned to appeal to the different sections by promising what each wanted. ' Cong. Globe, 26th Cong., ist Sess., 186, 209, 226, and 244. ' Ibid., 212, February 20, 1840. The vote was strictly a party one. • Ibid., 244, March 6. • Ibid., 244-48. ' Ibid., 245. PUBLIC LANDS AND THE ELECTION OF 1840 83 They were careful to make no definite promises, either in the Harrisburg Nominating Convention or in the Yoimg Men's Con- vention at Baltimore, but by their enthusiasm for log cabins and hard cider they created the belief that they would support Western land measures. The Administration was decidedly in the lead for the favor of the West, since these two elements had been cooperating for the last two years on the subject of the public lands and the independent Treasury. The Administration continued to support Western land measures in 1840. It passed a graduation biU in the Senate by the decisive vote of 28 to 8,' only to have it blocked in the House of Representatives.'' An analysis of the vote in the Senate shows that 24 Democrats, joined by 4 Western Whigs truer to section than to party, voted in favor, as against 6 Whigs, i Eastern Democrat, and Calhoun. The Democrats again passed a preemption biU extending the act of 1838 two years.' It went through the Senate easily, the nays mustering only 6 Whigs, 2 Eastern Democrats, and Calhoun, as against 22 Democrats and 4 Western Whigs in the affirmative.^ In the House of Representatives, however, the outcome was doubt- ivl. The Whigs tried hard to defeat the bill on collateral votes. Levi Lincoln's amendment, May 26, striking out the essential fea- tures of the bill, was defeated by a vote of only 97 to 86,^ and the vote on the motion to reconsider, the day after the bill was passed, was lost only by 103 to 96.* On May 26, the preemption bill was passed by a vote of 126 to 64,^ many Western Whigs changing sides,^ no doubt so that their vote might not seem inconsistent ' Cong. Globe, 26th Cong., ist Sess., 355. Clay, of Alabama, had introduced the bill, December 24, 1839. {Ibid., 79.) ' Ibid., 546. It was tabled in the House of Representatives, July 21, 1840. ' It was introduced by Clay, of Alabama, in the Senate, December 24, 1839 (Cong. Globe, 26th Cong., ist Sess., 79), and reported by the Conmiittee on Public Lands, January 10, 1840 (Ibid., 112). * April 21, 1840. (Cong. Globe, 26th Cong., ist Sess., 342.) •■ Ibid., 420. ' Ibid., 425. All the Whigs who had voted for the bill, except eight, turned against it, or left the House. ' Ibid., 421. ' Fourteen Western Whigs voted for final passage after having tried to defeat the force of the bill by Lincoln's amendment. Twelve of those who voted for final passage shifted the next day in the attempt to reconsider the passage vote. 84 THE INFLUENCE OF THE PUBLIC LANDS with the Harrison log cabin campaign. But a majority of the Whigs still voted against the bill, and the Washington Globe endeavored to impress on the settlers the inconsistency between Whig cam- paign promises and Whig action in Congress: "We now tell the settlers on the Public Lands and frontier people plainly, that when you hear these Federalists talking of Preemption rights, and what Harrison has promised and will do for them, to remember the log cabin promises made by the Federalists in Baltimore, May 4, and the votes of these same Whigs on the bill intended to aid you in buying you cabins." ^ The independent treasiuy bill, as ia earlier sessions, easily passed the Senate by a vote of 24 to 18, 12 Western Democrats voting with 11 Eastern Democrats, and Calhoun, as against 2 Western Democrats, 6 Western and 10 Eastern Whigs.' For the first time the independent treasury bUl passed the House of Representatives, on June 30, by a vote of 124 to 107.' This was certainly due, in part, to Democratic gains in the West, for now 32 Western Democrats voted for the bill as against 33 Western Whig and Conservative nays, whereas in 1838 the Western' Democrats could muster only 19 as against 47 in opposition.' Meanwhile Cal- houn renewed his bid to the West by reintroducing his cession bill, January 3, 1840.* This action by Calhoun stirred up Clay to inti- mate that the measure was the result of some recent understanding with Van Buren,' and Clay incited the Whig newspapers to make vigorous accusations that Calhoim was joining forces with the Administration, on the basis of the reelection of Van Buren in 1840 • June II, 1840. The Niles Intelligencer, Michigan, June lo, 1840, referred to the preSmption act as carrying out "the benevolent policy of the Administration toward the industrious citizen. What a contrast it is to the acts of the Whigs who are shedding crocodile tears about the condition of the poor laborer, whose wages have been reduced by the present Administration! But when a poor laborer tries to escape an Eastern factory by settling the Public Domain, he becomes a land pirate." ' Cong. Globe, 26th Cong., ist Sess., 141. ' Ibid., 493- " Cong. Globe, 26th Cong., ist Sess., 96. Calhoun now included in his bill not only graduation after 1842, but a preemption provision which granted to occupants the right to buy at minimum prices for ninety days after every reduction by the gradua- tion process. The States were now to pay to the United States annually fifty per cent instead of thirty-three and a third per cent, as earlier. (Senate Bills and Resolutions, 36th Cong., ist Sess., no. tsi.) ' Washington Globe, January 4, 1840. PUBLIC LANDS AND TEE ELECTION OF 1840 85 and the election of Calhoun to the presidency in 1844.* The Whig newspapers had already declared that Van Buren was buying the votes of the West by giving them preemption and graduation.^ "No one, who understands the character of the party in control now," declared the Connecticut Courant, "and who considers their existence as a party at stake in that election [1840] could entertain a doubt that the lands would be the bribe to secure the votes of the Western States to President Van Biiren." ^ Some foundation ex- isted for the fears of the Whigs that Calhoun and Van Buren were joining forces, since these two elements voted against the reconsid- eration of the reference of the cession bill to the Committee on Pub- he Lands.^ The Whig newspapers considered this bill the most important subject presented to Congress at this session, calling it a great electioneering engine to "secure to Mr. CaIho\m as a candi- date for the Presidency the electoral vote of the nine States already in existence and the States of Iowa, Wisconsin, and Florida that are to be admitted to the Union before the next presidential elec- tion." ^ Both the Administration and Calhoun denied that they had combined,^ and Calhoun denied that he had any aspirations for the presidency.'' The Whigs continued their inconsistent policy of adapting the public land issue to the interests of the different sections in the elec- ' Connecticut Courant, January 11, 1840; New York Courier and Enquirer, January 8, February 5, 1840; Washington Globe, January 4, 1840. ' Connecticut Courant, November 2, 1839; May 2, 1840; Salem Gazette, February 4; May 16, 1840. " December 14, 1839. * Senate Journal, 26th Cong., ist Sess., 72. Calhoun's cession bill was reported by Norvell, of Michigan, from the Coromittee oa Public Lands, May 13, 1840 (Ibid., 367), accompanied by a report covering the whole subject, which bore the marks of CaUioun's hand. (Calhoun, to Mrs. Clemson, Calhoun Correspondence, n, 459; Charles- ton Mercury, June 4, 1840.) ■■ New York Herald, as quoted in Charleston Mercury, January 20, 1840. See also The Axe, Cleveland, May 14, 1840; Xenia Torchlight, January 23, 1840; New York Express, January 7, 1840; Philadelphia American Sentinel, as quoted by National Intelligencer, both in Charleston Mercury, January 15, 1840, which denied hostile accusations. 6 Washington Globe, as quoted in Charleston Mercury, January ii; 1840; Charles- ton Mercury, January T4, 1840. ' Letter of J. C. Calhoun, January 7, 1840, to Charleston Mercury, Charleston Mercury, January 15, r840. 86 TEE INFLUENCE OF THE PUBLIC LANDS , . / tion itself. In the East they were champions of public land distn- bution and the ardent enemies of any pro- Western poUcy, and proclaimed Harrison to be the protector of Eastern iaterests. The following quotation from a Whig campaign pamphlet, published in Boston, reveals Whig methods in the East in clear outline: "We appeal to you freemen of Massachusetts. The proposition of Cal- houn, Benton, and others to give away the Lands robs each one of you of $134. Those of you who have supported Van Buren we appeal to. He is seeking his own interest and administering the Government in such a way as to insure his reelection. Are you willing to have him withhold from you in these hard times $134? There is nomistake in this matter. He and his friends wish to give these Lands to the Western States. They have more than once proposed it, and they will do it, if you strengthen their hands." ' A letter was written from Boston to the National Intelligencer by a friend of Harrison with the ostensible purpose of appeaUng to the business classes of the East: "Li regard to public poUcy I found he cherished the same general views entertained by the Whigs without being ultra or dogmatical. His views on the Public Land question were in accord with those sustained by Mr. Clay in the Congress preceding the time of our conversation." ^ The Democrats did their best to reveal to the West the Whig tactics. They republished^ in the West the Boston Harrison letter, to show the Western set- tlers the true views of the Whig candidate on the pubhc land question. They quoted from Eastern Democratic papers to show that Harrison was being interpreted differently in different parts of the covmtry: "Let General Harrison avow in the West as narrow, ungenerous sentiments as his Eastern supporters avow and he would not get a himdred votes in all the Western States"; * and they endeavored to bring home to the people that the issue was between Van Buren and the Democratic party who had originated and carried out a Uberal land policy, and Harrison and the Whig party who had throughout bitterly opposed such a policy.' There ' Campaign pamphlet, Boston, 1840. ' Quoted in Washington Globe, May 7, 1840. • Arkansas Gazette, June 3, 1840. * Detroit Democratic Free Press, October 8, 1840. ' Missouri Argus, February 13, 1840. PUBLIC LANDS AND THE ELECTION OF 1840 87 is no evidence except in accusations by the Missouri Argus ^ and Sevier, of Arkansas,^ that the Whigs made definite public land promises in the West. They did not formulate their position on the land question, but they did all in their power to convince the West of Harrison's friendship.^ That they were successful in creating this belief was shown by the fact that the election of Harrison was largely due to the log ] cabin campaign in the West. It might have been supposed that the ' Whigs would at once introduce a permanent preemption bill to benefit the inhabitants of log cabins. On the contrary. Clay inter- ; preted the results of the election as supporting his distribution'^ plan, and as soon as Congress met promptly brought in a resolution calling for information regarding receipts from public land since 1828. This move of Clay's was at once met by Benton with what was called the "Log Cabin Bill," * providing for permanent pre- emption. He declared that the Democrats had long been for pre- emption, and that the election had shown that the Whigs had come I around to it. He attacked Clay for his disloyalty to his promises, and aflSrmed that these promises should now be fulfilled by legisla- tive enactment.^ Benton's Western supporters upheld his position, and Jackson himself approved it as "an excellent move — it places Clay in a position that he must vote for the BUI, or expose his hypocrisy in all the speeches he made during his last canvass for the Presidency — his speech at Nashville ought to be brought to his view, in which he concluded by the emphatic appeal to the congre- gated assembly — 'Yes,' said he, 'feUow-citizens, the battle is now between the log cabins and the palaces.' Mr. Clay betook himself ' Missouri Argus, February 13, 1840, asserted that Harrison was in favor of "agra- rian loco foco land measures." ' Cong. Globe, 26th Cong., 2d Sess., Appendix, 67. ' Arkansas Gazette, June 3, 1840; Letter of Jolin T. Stuart, Whig, to Northwestern Gazette and Galena Advertiser, July 10, 1840: "To Harrison we owe division of public lands into small lots. ... He was the first to introduce preemption law into Congress. ... In a word he is a friend of every measure having to do with Western interest." * Benton introduced it, December 14, 1840. (Cong. Globe, 26th Cong., 2d Sess., 13.) ' "The poor man and ... the log cabin have become the absorbing objects, and the burning themes of their [Whig] love and eloquence. . . . Now the cabin, the poor man, and the preemption, go together; and he that loves one must love the other." {Ibid., 14.) 88 TEE INFLUENCE OF THE PUBLIC LANDS to the palaces, and the log cabin men to Mr. Foster's old field, there to eat themselves poor and the canopy their covering, and I have no doubt when the vote is taken on Colonel Benton's Bill, he will for- sake the Cabin Boys, and betake himself to the palaces, leaving the Cabin Boys to shift for themselves. We shall see. This movement of his [Benton's] will compel those demagogues to vote for his Bill or destroy themselves in the South and West. Let Benton's speech be published widely — circulated with the ayes and nays on it." 1 For a while the Whigs fought shy of Benton's bill, but finally, on January 6, 1841, they laid aside their reserve and attacked it, first by Prentiss ^ moving to strike out the permanent feature of the bill, and then, on January 8, by Crittenden ' moving that the bill be recommitted with instructions that the committee bring in a distribution measure. As Jackson had prophesied. Clay was aban- doning the " Cabin Boys" and betaking himself to the "palaces." "The farce is over," said the Washington Glohe, "the himabuggery is finished — the gourds, the coon-skins, the log cabins, the poor men are all kicked to the dogs . . . such is the difference between promise before election and performance after it. Such is Federal cheatery practiced on the people." ^ Blair characterized ^ Critten- den's amendment as an attempt to smother the log cabin bill imder the distribution bill. Cambreleng, writing to Van Buren, declared that "The Federalists will have their hands full. They will give away the Public Lands, and if they don't raise a squall in the West worse than the Whiskey Insurrection, I am mistaken." ^ Watterson commented in a letter to Polk that "The love of the Whig leaders in Congress for the inmates of Log Cabins has greatly cooled down since the election." ^ Calhoun, aroused by Clay's attempt to pass distribution, " rose and played his trump," ^ moving on January 11 ' Jackson to Blair, January $, 1841. (Jackson MSS.) ' Cong. Globe, 26th Cong., 2d Sess., Appendix, 27. • Ibid., go. • January 11, 1841. " Blair to Jackson, 'January 30, 1841. (Jackson MSS.) • January 13, 1841. (Van Buren MSS.) ' February i, 1841. (Polk MSS.) ' Charleston Mercury, January 15, 1841. PUBLIC LANDS AND TEE ELECTION OP 1840 89 that his cession bill, introduced in other forms by him in 1837 and 1840, be substituted * for distribution as an amendment to Benton's permanent preemption bill. Calhoim's bill now included gradua- tion, permanent preemption, and a return of sixty-five per cent of the gross receipts to the Government. So three plans for the disposition of the public domain were again [before the Senate: the Whig Eastern plan of distribution, the ' Democratic Western plan of preemption, and the Southern plan of I cession. What possibility was there of the success of one or more of these measures? Contemporary opinion varied. Nicholson wrote to Polk: "It is maJiifest that the whole of the session will be consumed in dis- cussing Land questions . . . with a distinct imderstanding that nothing definite is to be done." ^ Calhoun did not expect to carry his cession plan at this time: "It had to compete both with Distribution and Benton's Preemption scheme; but when the vote comes to be between it and Distribution, it has a fair prospect of success." * The New York Herald declared that a rigid majority was determined to carry through Benton's log cabin bill nearly in its original shape.^ One of the strongest factors working for the success of Clay's L-^distribution substitute was the financial element, at home and abroad, who held the stocks of the bankrupt States. Since the issue of Baring's circular, October 20, 1839, recommending goverrmient aid to the credit of the needy internal improvement States, English financial interests seem to have made their influence felt in the councils of the Whig party. They had a large share in initiating the Whig project of assimaption before the election, and they had a hand in the election itself. Evidence of this is not confined to vigor- ous and repeated accusations by Democratic newspapers,^ but includes the letters of Huth & Co. to the President of the Bank of ■ Cong. Globe, 26th Cong., 2d Sess., 95. » January 13, 1841. (Polk MSS.) > February 23, 1841. {Calhoun Correspondence, n, 476.) * January 7, 1841. ' Extra (Washington) Globe, August 26, September 9, 18, October 12, 1840, Jan- uary 12, February 4, 1841 ; New York Evening Post, June 4, 1840; Albany Argus, Janu- ary 26, 1841. 90 TEE INFLUENCE OF THE PUBLIC LANDS Missouri,! and especially those of Rothschild & Co.^ to Webster and to Harrison, the tone and language of which certainly indicate more than ordinary interest in American poHtics and point to the possibility of collusion between foreign bankers and certain Whig leaders. So we are not surprised to find Benton in the debate on his log cabin bill strongly denoimcing the British iaterference with the ' These two letters are given in the Albany Argus, January 26, 1841, and in a speech by Benton, January 26, 1841 {Cong. Globe, 26th Cong., 2d Sess., Appendix, 118). The General Assembly of Missouri regarded these letters as evidence of a direct inter- ference on the part of English capitalists in the presidential election {Ibid., 119). London, June 3, 1840. Your bonds received. There is no market for them at present. The attention of our capitalists and others engaged in American affairs is now turned to your internal politics, and if the prospects held out by the last accounts should be realized for your next Presidential election, this circumstance will contribute more than any other to restore general confidence. Free Huth & Co. John Smith, Pres. of the Bank of Mo. London, Sept. n, 1840. Yours of July 9 and 29 received. We cannot sell your bonds at present. If, how- ever, your elections for the Presidentship should have the result now anticipated, it is very probable that an impulse will be given to aU State stocks, and the moment may then arrive when your bonds can be introduced under favorable auspices. Fkee Huth & Co. John Sbhth, President of the Bank of Mo. 2 Albany Argus, July 16, 1841. London, Apr. a, 1841. To Haekison — President, — We addressed you a letter on March 9th. [This one was not included in those sent by Webster to Tyler, and by him transmitted to Congress, June 29, 1841, in compli- ance with Resolution of the Senate.] Indiana is liablenot to pay interest on some loans, If so, the credit of the States and the country would suffer. . . . The least interposition from you would not fail to afford relief in the present case, and it appears to us, in order to be effective, some measure should be adopted with as little delay as possible. V. M. Rothschild & Sons. London, Apr. 7, 1841. To the Secretary of State, — We have written the President about the deficiency in the means of Indiana to pro- vide for the pajonent of her July dividend. . . . We beg leave to represent to you that any interposition in her behalf would require to be prompt in order to be effectual. V. M. Rothschild. PUBLIC LANDS AND THE ELECTION OF 1840 9 1 election,! and we can readily see that these powerful fin.ancial ele- ments, holding depreciated state stock, were working their hardest ^ to get the distribution of the public land proceeds. So stirred were the Democratic leaders over this reaching out of capitaHsm beyond national boundaries that Blair wrote earnestly to Jackson, January 30, 1841: "Benton's speech, which touched the interference of the British in the election (who are now to be repaid by Distribution t^ of the Public Domain), was one of the most powerful ever delivered in Congress. I wish you would put your veto on this foreign inter- ference, so manifest now in all ovir poUtical movements, and in the very legislation of Congress, in some strong passages of a letter to me so that I may bring it out with some dark hint at the author. I think your warning voice would do good on this subject." ^ The Washington Globe voiced the general Democratic opinion when it vigorously attacked Clay for opposing the passage of the log cabin bill, declaring that his hostility was due to his having another des- tination for the public lands : " They are to be reserved for the use of the class to whom the marble palaces belong. The public know that Mr. Clay proposes a distribution of the Public Lands, nom- inally to the States, but in truth to make good to the purchasers the state stocks which the Bank of the United States and others have sold in Europe. It is this which weighs so heavily against the Bill, and makes the scale of the Log Cabins kick the beam, over-balanced by the banking, speculating, stock-jobbiag interests." ' Thus, the Democrats insisted, the issue between distribution and permanent preemption was clearly between the moneyed aristocracy and the pioneer democracy. Calhoun, seeing clearly the intimate relation between distribu-' tion, or indirect assumption, and the tariff, had joined with the ' We have seen the election " of our American President made a stock- jobbing opera- tion on the London Exchange. We have seen EngUsh bankers and money dealers turning their attention to the internal politics of America,' and ' trying a change of the American Executive' in order that stocks might rise, and themselves pocket percent- ums on the American securities which they held! We have seen this; and it seems to me that, to have 'the change of the American President' converted into a stock- jobbing operation on the London Exchange, is to reach a point of humiliation which no Govern- ment has ever seen before." {Cong. Globe, 26th Cong., 2d Sess., Appendix, 60.) ' Jackson MSS. ^ ' January 4, 1841. 92 THE INFLUENCE OF TEE PUBLIC LANDS West in condemning the Whigs who were supporting it; but he was^ not content with helping the Democrats defeat distribution, and so making more liable a fair tariff. He wanted to revive the Southern and Western alliance of 1830 and 1832, by the exchange of land legislation favorable to the West for Western support for a lower tariff. By putting the West definitely imder obligations to him, as he would by his cession bill, he might be surer of a tariff favor- able to the South, when it was readjusted in 1842, than by merely opposing distribution or supporting permanent preemption. The objects of Clay, Calhoun, and Benton in this land situation were similar, to the extent that each was trying to protect directly his section or class. Clay was looking out for the moneyed class, Benton was championing the settler West, and Calhoun was taking care of the anti- tariff South.' Both Clay and Calhoun were also using public lands indirectly as a lever to get other legislation passed, a high tariff and a low tariff, respectively. Each was appeal- ing to the selfishness of the West to gain his end. Clay by the twelve and one half per cent bonus to the new States and their share in the general distribution, and Calhoun by giving the West, in his cession bUl, graduation and permanent preemption, as well as the difference between thirty-five per cent of the gross receipts from public lands and the cost of their administration by the States. What happened was that, on January 19, both Crittenden's and Calhoim's amendments were lost,^ the former by a vote of 24 to 17, and the latter by a vote of 22 to 18. The analysis of these votes shows that Clay's distribution amendment was as in former years a Whig measure and was defeated by the whole force of the Demo- cratic party, while Calhoun's cession amendment was a Southern ' Party newspapers accused Clay, Benton, and Calhoun of using the public lands to advance their political aspirations for the presidency. Thus the Washington Globe, for example, asserted that "from the time that Clay brought in his land bill, and especi- ally the time and manner in which he brought it in, this land distribution scheme was considered as a bid to the States for the Presidential chair. . . . The land distribution scheme . . . now is pushed again by Mr. Crittenden, to enable Mr. Clay to get a con- firmation of his title to the Succession. Thus Mr. Clay's bill is a bid for the presidency " (January 13, 1841). See also New York Courier and Enquirer, January 9, 21, 1841. Benton's whole career is a repudiation of the Whig charge that he was using public lands to promote his presidential ambition. ' Cong. Globe, 26th Cong., 2d Sess., iia. PUBLIC LANDS AND THE ELECTION OP 1840 93 and Western sectional measure and was defeated by a combination of Whigs and Eastern Democrats, who probably opposed it from mixed motives, sectional and class interest, and jealousy of a politi- cal rival. Not satisfied with this discomfiture, Crittenden, on Jan- uary 21, again moved the distribution amendment,' and on Feb- ruary I, Young, of Illinois, moved Calhoun's cession bill in place of Crittenden's amendment.'' On February 2, both were lost again, Clay's by a vote of 29 to 22,' and Calhoun's by 31 to 20.' The distribution vote was more representative this time; the ayes con- sisted of Whigs and two Democrats from Pennsylvania, a' State which wanted to benefit by distribution, while the nays included, as before, the Democratic party, assisted by Southern and Western Whigs, truer to section than to party. The complexion of the cession vote was the same as earlier. On the same day, February 2, Ben- ton's original bill passed the Senate by the decisive vote of 31 to 19.* Of the 31, 4 were Western Whigs; the remainder were Demo- crats, with the exception of Talhnadge and Webster. Webster, now that the issue was not permanent preemption as against distribu- tion, stood by his pro-preemption attitude of 1838. The nays were all Whigs except Calhovin and one Eastern Democrat. As was expected, Benton's biU was not taken up by the House. This may be attributed to the combination of Whigs, the East, and Cal- houn's followers, as seen in the defeat of graduation in the first session. Though Benton's bill had not become law, the Democrats as- serted that it had succeeded in showing up the insmcerity of the Whigs. Jackson noted this in a letter to Blair: " Give my regards to Benton for his exertions to have passed the Log Cabin Law which has been the means of exposing so much the hypocracy [sic] of Clay, Webster, and their corrupt coadjutors." ^ It would never have come law if the distribution amendment had been added, < because Van Buren was ready to veto in such a case. In his draft for the veto he stated that he approved prospective preemption, as it carried "into fuller effect a policy in regard to the disposition of » Cong. Globe, 26th Cong., 2d Sess., 138. ' Ibid., Appendix, 98. > Ibid., 104. * Ibid., 138. ' Jackson MSS., undated, presumably February, 1841. 94 TEE INFLUENCE OF TEE PUBLIC LANDS Public Lands which in my opinion is calculated to produce more real practical advantage to the industrious poor in every portion of the Union than any single measure which the Federal Government has adopted since its establishment, or which it has the constitutional power to adopt." ^ As to distribution, Van Buren stated that his attitude toward it had been expressed in his letter to Sherrod Wil- liams, of Kentucky, in 1835, and his view then held had been "strengthened by subsequent observation and reflection. Jackson was reelected President of the United States after having withheld consent to the Distribution Bill. I was elected his successor with full knowledge that I would carry out his poHcy. I feel I may assiune — since my vote in 1840 was fifteen per cent higher than in 1836 — that .nothing has been proved by the election to absolve me from my pledge to the people of the United States before they elected me President in 1836. Therefore, I withhold my approval from the Bill." " The morality of distributing the proceeds of the pubKc lands, when there was no money in the Treasury, was seriously questioned by the New York Herald. It praised the action of Rives, Preston, and Wise in opposing the financial pohcy of Clay and Webster, and declared "that the conduct of Messrs. Preston and Rives, and the declarations of Mr. Wise, will receive the sanction of the country, whatever the stock-jobbers and their agents may say or do. The principle of Distribution of an empty Treasury is a principle of atrocious robbery." ' "Who receives the money so distributed? The stock-jobbers and the politicians of the several States, who will waste it as they did the twenty-nine millions already plimdered in the same way. If the annual proceeds of these lands be taken out of the Public Treasury, who makes up the deficiency? The great mass of people who pay the taxes on foreign imports." * The New York Herald considered that the aim of the Clay- Webster financial policy was to restore the financial conditions of 1836, "to call forth again the big blue flies of 1836, flying around and around the fresh beef of their coimtry, and blowing it up to its former dimen- sions." ' ' Van Buren MSS., February, 1841. ' Ihid. ' February s, 1841. * January 27, 1841. ' February 3, 1841. PUBLIC LANDS AND THE ELECTION OF 1840 95 The importance of the disposition of the public lands at this time may readily be inferred from the narration of its fortimes during this session of Congress, but a few quotations from contemporaries may serve to clarify the r61e which it was playing. Calhoim wrote to Burt, January 24, 1841: "I regard the fate of the coming Ad-' ministration as staked on the question [distribution]"; ' and later, February 19, in his letter to Maxcy: "If it [the Whig victory in the election] shall end in the overthrow of the party coming in and the defeat of their two leading measures, a Bank, and the distribution of the revenue from the Public Lands, I have no doubt it will prove in the end a blessing to the coimtry; but, if otherwise, it would be difl&cult to say what would come." ^ January 30, 1841, Blair wrote to Jackson: "You perceive that the Log Cabin Bill has brought out the whole force of both parties in the Senate. Clay endeavored to smother it under his Distribution Bill, and this has brought on a discussion which, I am sure, will not end until Harrison is ousted, and it embraces all the principal measures which characterise the two great parties." ' The New York Express declared, February 6, 1841 : "As to the Distribution of the Proceeds of the Pubhc Lands, an early settlement of that question is one that so transcends the tariff in importance, or any principle of revenue, that in discussion it scarcely ought to be mingled with them." * Calhoun Correspondence, n, 472. 2 GaUoway MSS. ' Jackson MSS. CHAPTER V ATTEMPT OF THE WHIGS TO USE THE VICTORY OF 184O The Whigs had been unable immediately to convert their inter- pretation of the victory of 1840 into terms of concrete legislation, because of the Democratic majority in the Senate, which remained in office until March 4, 1841. Meanwhile they were looking forward with keen anticipation to the next session when with their majority in Senate and House ' they planned to use their victory to the fullest extent. That fruition might come as soon as possible, a Whig sena- torial caucus was held, which agreed to recommend that Harrison call an extra session tosettleanimiberof measures, one of which was the settlement of the land question on the principle of Clay's biU for the distribution of the annual proceeds to the States. The Washing- ton Globe declared that the Whigs had determined on this extra session for fear that the "sober second thought of the industrious yeomanry of the Union" would be awakened, and so that "the bill for distributing the Public Lands may be rushed through with a hard-cider hurrah." ^ Before the extra session met, Harrison had died and John Tyler had become President. Tyler, as a strict constructionalist, had followed a consistent policy against the Bank, internal improvements, and a protective tariff during his political career. He had supported Jackson for President in 1828 and 1832 as the choice of evils, but had left him because of the force bill, and had become affiliated with the old National Republicans, who had surrendered their former issues, Bank, high tariff, and internal improvements. After the election of 1840, Clay had assumed the leadership and had revived these old issues. A breach had already taken place between Clay and Har- rison before the latter's death, and a conffict between Clay and ' The Whig majority was only 44 in the House and 7 5n the Senate, but the Whig leaders placed high hopes on all remaining true. ' February 8, 1841. TEE WHIGS AND THE VICTORY OF 1840 97 Tyler was to be expected, as Tyler was more fixed against these issues than Harrison. Tyler was willing to distribute the proceeds of \ the public lands, if a higher tariff did not result.* As Clay insisted 1 on distribution in the extra session, whether it involved an increase I of duties or not, Tyler was forced into an alliance with the pioneer ! West, the descendants of the up-country Virginians who had been \the bitter foes of his own ancestors of low-country Virginia. In his message to the Congress of the special session, Tyler recommended distribution, provided that it did not mean a higher tariff than had '^ been intended by the compromise of 1833. Though he did not ap- prove of direct assimiption, he favored helping the debtor States to this extent, thus assuring the country's return to prosperity.-/ The expenses of the Government would be paid by raising duties to the twenty per cent level on articles hitherto free, and the passage ^ of distribution would not prevent the passage of preemption laws, or the reduction in the price of public lands.'' June 24, Johnson, of Maryland, reported in the House, from a Whig Committee on Pub- lic Lands, a bill providing for permanent distribution, except in '\ time of war, and permanent preemption.' The Whigs had learned from experience in the previous session that their best chance of passing distribution would be by a compromise measure that would conciliate the West. Just as Clay appealed to the new West by a twelve and one half per cent bonus in 1832, so now he appealed to it by preemption. That he was wise is shown by Wright's letter to Van Buren, June 26, 1841 : "The new State Whigs will go for Dis- tribution and Preemption combined, and in that way will pass the former."* Let us examine the influences which were working for and against the passage of this compromise measure. In the first place, it was recommended by Clay, the leader of the Whig party, and so was regarded as a party measure, to fulfill promises made in the presi- dential campaign.^ It would appeal, besides, to certain Eastern Democrats who were more loyal to section than to party. In addi- ' L. G. Tyler, Tyler, 11, 139-48; m, 93- ' Richardson, Messages and Papers, iv, 47-48. ' Bills and Resolutions, House of Representatives, 27th Cong., ist Sess., no. 4. i Van Buren MSS. ^ Cong. Globe, 27th Cong., ist Sess., 147-4S. 98 THE INFLUENCE OF THE PUBLIC LANDS tion, tariff men favored it, for it would insure a higher tariff when readjustment came in 1842, and it would prevent the danger of constant dickering with the tariff, resulting from varying sales of public lands. Distribution was regarded by the tariff forces as a lever in 1841; it was to prove a stumbling-block in 1842. The debtor States ' favored the bill because they needed their share to pay the interest on their issues of securities. That the holders of state stocks at home and abroad continued to exercise a powerful influence for federal aid has been seen in the letters of foreign bankers to Harrison and Webster during the spring of 1841. It is not surprising to find personal representatives of these interests in Washington during this session.^ Since government assumption was not possible, the Whigs were conceding public land distribu- - tion. The New York Herald vigorously denounced this catering to a special class to the injury of the country as a whole, and claimed that the backbone of the country would be restored to prosperity in a natural way without legislative enactment.' That this perma- nent distribution and preemption bill would take the pubHc lands out of politics was also put to its credit. Against the passage of this bill was arrayed the Democratic party, which knew that public land distribution would checkmate their plan for the solution of the land question, namely, permanent preemption and graduation. Calhoun and the South were sec- tionally opposed, because the passage of distribution made more liable a high tariff, especially as there was then a deficit in the Treas- ury. The independent element in both parties was influenced by principles of sound finance against the bill, for if the public land money was distributed, a loan would have to be floated or Treasury notes issued to carry on the Government. Further opposition was aroused by calling distribution the first step toward complete as- sumption, by attributing it to foreign influence, and by claiming that it really came from the customs revenue, because from the beginning public lands had not paid expenses. > See chapter iv, 78. ' Benton, Thirty Years' View, 11, 243; Richmond £«5M»r«f, June 17, 1842; Albany Argus, July IS, 1841. ' June 22, August 2, 1841. THE WHIGS AND THE VICTORY OF 1840 99 These influences had little chance to operate on the members of the House, because the bill was passed there during great excite- ment and confusion. At least a hundred amendments were offered, but the noise was so great that they could not be heard.' The Whigs had a small but inexorable majority, and it was but seldom that the Speaker would recognize the motion of a Democratic mem- ber. The Whig party forced the final vote, and permanent pre- emption and distribution passed the House, July 6, by a strictly party vote of 116 to 108.^ In the opinion of Greeley's Log Cabin, this was the greatest measure of the session.' When the bill came before the Senate, considerable doubt existed as to the ability of the Whigs to pass it. McClellan wrote to Van Buren, July 22, that the general supposition was that the land bill would fail in the Senate.* Choate wrote Davis, on the 25th, that "thefateof the Land Bill is doubtful even if we all go for it." ^ The New York Herald believed that only the bankruptcy bill of the Whig programme would be passed during the special session, that a Committee of Inquiry would sit during the recess, and that, based on their report, the President would submit in his message in December a full system of finance, — Bank, tariff, public lands, and currency, — meeting the expectations of the practical men of the country as a whole.^ Clay certainly had a devious coiu-se to steer to conciliate hostile elements and obtain a majority for his measure, but the leaders of the opposition were willing to admit that in the end he would be victorious.' Clay was not sure of the support of certain Southern free-trade Whigs — Rives, Preston, Berrien, and Archer. If they should turn against the bill he would need the vote of Henderson, of Missis- sippi, who would not support the bill unless the bankruptcy bill were passed first. In order to clear one obstacle from his way. Clay was willing to pass the bankruptcy bill to get the vote of Hender- son. This log-rolling is clear from the procedure and is amply corro- " Cong. Globe, 27th Cong., 1st Sess., iSS-S6- ' ^*''<^-. is6. ' July 10, 1841. ' Van Buren MSS. ^ Davis MSS. » July 26, 1841. ' Wright to Van Buren, June 21, 1841 (Van Buren MSS.); Charleston Mercury, July 14, 1841. 100 THE INFLUENCE OF THE PUBLIC LANDS borated by contemporary evidence.* Through Clay's influence, the bankruptcy bill was laid on the table in the House, to show its sup- porters that it could not be passed unless Henderson would vote for distribution in the Senate. The very next day, August i8, the vote was reconsidered and the bill passed. Meanwhile, in the Senate the engineers of the distribution and preemption bill postponed voting imtil they were sure of the support of the friends of the bankruptcy bill. The bankruptcy bill was brought before the Senate, and Walker moved that the distribution bill be laid on the table. Then the bankruptcy biU was taken up and passed. The bankruptcy supporters insisted on the delivery of their bill, for fear if distribution were passed first their bill would fail. As soon as the bankruptcy bill was passed, Smith, of Indiana, announced that the Whigs were now ready for the final vote on the distribu- tion preemption bill. Meanwhile the Democrats had been trying to defeat the force of the bill, or the biU itself, by amendments, giving the money for fortifications, extinguishing Indian claims, paying the public debt, limiting the distribution to five years, or not distributing if it were necessary to borrow money or to impose duties higher than twenty per cent. The Democrats hoped, by forcing home the inexpediency and bad finance of borrowing in order to distribute, ultimately to defeat the bill. Woodbury wrote Van Buren, August 7 : " The Dis- tribution Bill is now before us, and will be defeated, I think, imless amended so as to render it quite impotent by preventing it to oper- ate [sic] vmless a surplus exists in the Treasury." ^ The Whigs saw clearly enough that unless a revenue bill were passed there would be no hope for distribution, for there would be no money to distrib- ute. Rufus Choate wrote John Davis, Julyas: "TheLand and the Rev [sic] Bill we shall both either pass, or loth reject. I think . . . the Rev [sic] bill is bad. . . . Still rev is wanted ... if the land bill passes, is indispensable." * So the Whigs passed the revenue bill in ' Cong. Globe, 27th Cong., ist Sess., 1347-49, 1356; New York Herald, August 2, 10, 16, 21, 24, 1841; Richmond Enquirer, July 8, 1842; New York Express, August 19, 1841; New Orleans Bee, August 30, 1841; Tyler, Tyler, 11, 151; Benton, Thirty Years' View, II, 229-33. ' Van Buren MSS. ' Davis MSS. THE WHIGS AND THE VICTORY OF 1840 lOI. the House, and held it up in the Senate pendmg the success or de- feat of distribution. The Democrats were finally successful in their policy of empha- sizing the necessity to borrow or tax in order to distribute, and " several Southern Whigs decided to act with section rather than with party, unless the Whig leaders would consent to an amend- ment suspending distribution if tariff duties were at any time in the ' future imposed above the twenty per cent level.* The Whigs car- ried an adjoiurnment, and after several caucuses a Southern amend- ment was agreed on which Clay was willing to accept, — namely, that distribution was to be suspended if a rate of duty should be '■ \ imposed contrary to the compromise act.^ The analysis of the vote adding this amendment to the bill shows that it was carried by the Clay Whigs uniting with the South, as against the manufacturing Whigs and the Democrats.' Clay's acceptance of an amendment which resulted in taking the kernel out of the bill, though surprising at first sight, may be explained by his fear of Tyler's vetoing the " bill * without it, and by his desire to get the bill through in any form so that he could say the party measure had been passed.* It is possible, also, that Clay persuaded the manufacturing and as- sumption Whigs to vote for the bill with this amendment with the imderstanding that distribution would be made permanent at another session by repealing the suspensory clause.* Wright's letter to Van Buren of August 22 depicts realistically the difficulties of the Whigs in passing this important measure: — "The Whigs caucus frequently, and are generally united, and still when brought into action, and their knoTm causes for division are pressed upon them in a way to compel action, they break and fly to pieces, get angry with each other, and are forced to draw off ' Cong. Globe, 27th Cong., ist Sess., 358-59. ^ This was proposed by Berrien of Georgia. Ibid., 369. ' August 23, 1841. (Ibid. See Map.) ' Richardson, Messages and Papers, iv, 182; Address of J. Q. Adams to Constitu- ents, September 17, 1842. (Pamphlet 52, Boston, 1842.) ' New York Herald, August 26, 1841. ' New York Express, August 25, 1841; New Orleans Bee, February 3, 1842; New York Tribune, July 16, 1842; Tyler, Tyler, 11, 151; Crittenden's statement, June 24, 1842, Cong. Globe, 27th Cong., 2d Sess., 629. 102 THE INFLUENCE OF THE PUBLIC LANDS and caucus again ... in the State the 22 [the Democrats] have kept well together . . . not a single man has required any persuasion to come squarely up to every important measure. This has Hterally cowed the majority. "We have never seen so much log-rolling and lobbying and caucusing and putting on the screws as we see here in the Capitol every day, a vote in one House controlling a vote in the other and the success or defeat of one measure in the House producing the success or defeat of a different measure in the Senate, together with the invariable accompanyments of voting down and reconsidera- tion, and pushing forward and holding back and the like. 1 " ' has been for several days a sort of drill sergeant io this new introduction of the tactics of legislative caucuses in the Capi- tol, and lauded as the man who secured the passage of the Bank- ruptcy Bill, by log-rolling over the Land Bill here, and who is to secure the passage of all other measures by the same means. "The Land Bill will, I think, pass, as the Senate adjourned on Saturday to afford time to agree on an Amendment which would secure 's ^ vote, and I am told this morning that the caucus has decided on the form of the compromise. There may be some difficulty between the two Houses about this, and some other Amendments, but the caucus will arrange them at last." ' Benton, on August 26, when the distribution-preemption bill came up for final passage, made a last bitter attack,* denouncing it as a stock- jobbing, tariff bill. He read an article from the New York Herald which described the joy in Wall Street when the news of the first vote in favor of the bill was received, and its immediate effect of raising the value of state stocks in their hands. He also referred to the presence of interested London capitaUsts in Washington as ' Possibly Henderson, of Mississippi, whose vote was needed for the passage of the distribution-preemption bill. 2 Probably Archer, of Virginia, who tried to add an amendment to Berrien's amendment, Saturday, August 21, making the latter more explicit. Archer's amend- ment was defeated, but immediately an adjournment was carried with the opponents crying, "Oh for another caucus." (Cong. Globe, 26th Cong., ist Sess., 366.) On August 23, Berrien's amendment was offered in a re-worded form, and as such was accepted by Archer {ibid, 370), who voted also for the final passage of the distribution and pre- emption bill. > Van Buren MSS. • Cong. Globe, 27th Cong., ist Sess., 387. TEE WHIGS AND THE VICTORY OF 1840 I03 indicating the nature of the bill about to pass. It was a tariff bill, because, to get money to distribute, the customs duties would have to be raised. Blair graphically described the situation as follows: "Benton is on the floor this moment making a final and scathing speech against the Land Distribution Act. He has been called to order for charging fraud in the management by which certain West- em members have just been drawn to its support. He goes on again, merely saying that if it is unparliamentary to charge fraud on members voting for the provisions with which it is acknowledged they do not intend to comply, it is not unparliamentary to charge fraud on the operation of their measure, and this he has made them swallow.^ Archer and Rives have deserted to the Bill, and I do not doubt it will pass, possibly it may be vetoed but not probably. . . . It will be an ingredient of great potency in future poUtical struggles and will strengthen the hands of our party." ^ The distribution-preemption bill as amended finally passed the Senate, on August 26, by the vote of 28 to 23.' All in favor were Whigs, and those opposed were all Democrats except one Southern Whig, Preston.* The bill passed the House by the close vote of 108 to 94,' though the manufacturing Whigs disliked the Southern amendment. The addition of this amendment* saved the bill from a possible veto by Tyler.^ The New York Herald considered that the distribution part of' the compromise bill had been passed to benefit the Whigs, as a party, and to satisfy especially the pocketbooks of the stock- job- bing element of the Whigs.* It characterized the land bill as a 1 Benton may have been referring here to the intention of the Whigs to expunge the obnoxious suspensory clause whenever they had a majority strong enough to amend the distribution act, thereby influencing the action of the Western Whigs from the debtor States who had been alienated by the Southern amendment. (See Crittenden's statement, Cong. Globe, 27th Cong., 2d Sess., 629.) ' Blair to Jackson, August 26, 1841. (Jackson MSS.) • Cong. Globe, 27th Cong., ist Sess., 388. ♦ The Charleston Mercury, September i, 1841, assured the Washington National Intelligencer that Preston would have voted yea, if his vote had been needed. » Cong. Globe, 27th Cong., ist Sess., 407. 6 Richardson, Messages and Papers, iv, 182. ' Blair to Jackson, August 26, 1841; Charleston Mercury, August 26, 1841. ' August 28, 1841. v/ 104 THE INFLUENCE OF TEE PUBLIC LANDS fraud, because Clay did not deliver to the people a bill such as Jack- son had vetoed, but had accepted an amendment which precluded distribution without dishonest legislation.* The land bill was cer- tainly a vital part of the Whig programme; its importance was second only to the Bank,^ and its passage by some was regarded as of even more importance than the defeat of the Bank.' If there had not been a Whig majority in the extra session, the subject of public lands would have gone over to the next session, when, so the Whigs claimed,* the increase in the strength of the representation of the West would have obtained reduction or graduation. As it was, the Whigs took upon themselves the credit of having taken public lands out of politics.' The Democrats, greatly stirred by the ability of the Whigs to carry their solution of the land question, looked forward to the next session with the hope of having the tariff raised above twenty per cent and so nullifying distribution, or else of repealing distribution — the "Bill of Abominations."* At all events, the increasing political strength of the West, together with its insistence on the rights of the pioneers, had resulted in the enact- ment of permanent preemption which insured to the actual settlers the preference right of purchase of one hundred and sixty acres at the minimum rate. The final passage of this act, after a struggle of twenty years, revealed the changing attitude toward the public domain. The Whigs certainly had not been able to utilize their victory of 1840 as they had anticipated. To the pioneer West they had been obliged to grant permanent preemption, and to the South suspen- » September i, 1841. ' Maysville Eagle, September 11, 1841; Richmond Whig, September 7, 1841; New York Evening Journal, September 17, 1841. « Log Cabin, September 4, 1841; Gomiecticut Courant, September 11, 1841. ♦ Log Cabin, September 4, 1841. ' Frankfort CommonweaUh, September 14, 1841. ' Hastings to Van Buren, October 23, 1841; "If we can only entirely prostrate the distribution act by a repeal next Session, we can more easily deal with the other collu' sive measures that have been passed upon. I say 'entirely prostrate,' for I consider it a hobbling condition — as involved with the revenues and other contingencies. Benton might well call it 'the bill of abominations,' for it is one of the most nefarious devices ever imposed on the country, and most insulting to people's understanding." (Van Buren MSS.) See also McCIellan to Van Buren, February 6, 1842. (Van Buren MSS.) TEE WHIGS AND THE VICTORY OF 1840 IO5 sion of distribution when the tariff rose above twenty per cent. As a ^ result, permanent distribution had been seriously maimed; it was to be entirely nulUfied in 1842 by the passage of a protective tariff. In 1842, the financial necessity of the Government, coijbinedtw with the rapid lowering of the tariff January i and July i, 1842, and the proviso in the distribution-preemption bill of September, 1841, | raised a complicated situation. The financial needs of the Govern- ment seemed to require a tariff above the twenty per cent level. This would meet the wishes of the manufacturers, but would be opposed by the South and by the Western Whigs who preferred distribution to a protective tariff.* The tariff men soon found that they could not pass a protective tariff unless they obtained the sup- port of the Western Whigs by arranging for distribution, which could be done by the repeal of the suspensory clause of the distri- bution act of 1841.2 But such a solution was rendered impossible by the opposition of Tyler, who, in his message to Congress in December, 1841, had recommended that' no increase of duties should take place which would have the effect of annulling the -^ distribution act of the previous session, for he declared that that act would become inoperative if duties were raised above twenty per cent.' The tariff element considered that a Judicious tariff was more important to the welfare of the country than distribution, and they decried the resolution of the Western Whigs to Unk distribution ' with the tariff, for it would surely result in the failure of both.* But > New York Express, June 14, 1842; Charleston Mercury, June 18, 1842; New York American, as quoted in Richmond Enquirer, June 21, 1842. 2 Kidaaond Enquirer, June 21, 1842; New York Journal of Commerce, Jnne 22,30, 1842; Boston Mercantile Advertiser, as quoted in Washington Madisonian, June 14, 1842. » Richardson, Messages and Papers, iv, 82. That Tyler's attitude had a disturbing influence on his relations with the Whigs is seen in Winthrop's letter to Davis, March 31, 1842: "The President's recommendation as to the Land Bill is not at all relished, and has served only to widen the breach between him and the Whig party." (Davis MSS.) March 29, 1842, Tyler sent a message to the Senate recommending the passage ^ of a law suspending the distribution of the proceeds from the public lands, with the view of using the money for the needs of the Treasury, or of pledging it to the redemp- tion of a loan, to be obtained for the immediate wants of the Government. (Cong. Globe, 27th Cong., 2d Sess., 365.) * New York Express, June 16, 1842; Adams Memoirs, xi, 228. I06 THE INFLUENCE OF THE PUBLIC LANDS the Western Whigs were truer to their own interests/ the needs of their bankrupt States and to their leader Clay,^ than to the general tarijff policy of their party. The Democrats and the South attacked the Whig programme, because in it the distribution element were demanding release from their part of the contract of the distribution act of 1841. They insisted that, if duties were raised above twenty per cent, distribution should be suspended according to the South- em amendment to the distribution act, or that the distribution act should be repealed. Still, they were pleased with the discord be- tween the Western and Northern Whigs, hoping to benefit by their friction.' Thus the influences working for and against a tariff with distribution were in general the same as in 184 1, but now the tariff people regarded distribution not as a lever but as a sttimbling- block,* because it was endangering their interests. It is interesting to note that, as in 1841, the West must be conciliated, which shows, v' as all through the thirties, its growing political strength. With the aim of putting the screws on Tyler, a new tariff bill was not reported till Jime, 1842,* which gave no time * for deliberation and passage before July i, when the duties were by the compromise J ' The bankrupt States in the West needed their distribution quota to pay the inter- est on their securities. (Charleston Mercury, June 30, 1842; Baltimore American, July 1,12, 1842; Address of Saltonstall at Whig meeting at Marlboro, October 6, 1842, Sal- tonstall MSS.) ' The opposition newspapers accused the Western Whigs of being willing to sacrifice everything to the distribution policy owing to " their attachment to Mr. Clay and his promotion to the Presidency." (Charleston Mercury, June 2 1 , 1842 ; see also Richmond Enquirer, July 8, 1842.) * Richmond Enquirer, June 7, 21, 1842; New York 5m«, as quoted in Richmond Enquirer, June 17, 1842; Charleston Mercury, Jime 21, 1842; New York Express, June 14, 15, 1842; New York Courier and Enquirer, June 15, 1842. * Hudson to Davis, May 14, 1842: "The prospect for a tariff I think is rather fair, though the land distribution connected with the subject of the twenty per cent duty will produce some difficulty." (Davis MSS.) ' Clay, before his retirement, had, on March i, 1842, introduced six resolutions on the tariff, one of which advocated the repeal of the suspensory clause in the distribu- tion act of 1841. {Cong. Globe, 27th Cong., 2d Sess., 268.) Wright at once proposed amendments which amounted to the repeal of public land distribution altogether, be- ' cause the money was needed for government expenses. {Ibid., 270.) After considerable discussion, Clay's resolutions and Wright's amendments were referred to their appro- priate committees. {Ibid., 373.) " Benton to Van Buren, June 8, 1842. (Van Buren MSS.) TEE WHIGS AND THE VICTORY OF 1840 I07 act to fall to the twenty per cent level. As this permanent tariff act could not be passed before July i, a temporary bill was .brought in to continue the duties of June i, to August i, and so furnish the means of meeting the needs of the Government; and at the same time a clause was inserted to override the suspensory proviso in the ^ act of September, 1841. Tyler was put in a hard position by this Whig maneuver, being given the choice of tariff and distribution, ■■' or else no tariff at all, and consequently an empty Treasury. It is clear that this provisional tariff was the result of an acting together on the part of the Western and Eastern Whigs. ' It was stated by some that the manufacturers wanted to test Tyler on an act con- taining a tariff above twenty per cent and distribution, before putting distribution into a permanent tariff bill.^ Others stated that, in order to prevent a split in the Whig party, they would try to pass a tariff with distribution, with the imderstanding that, if Tyler vetoed it, they would then pass a tariff without the obnoxious clause.' The Democrats, the South, and the President's guard were^' aroused, and opposed this proposition vigorously.'' Pickens, Wise, Gushing, Proffit, and Foster "came out against it like furies." ^ Jones, of Virginia, denounced the clause repealing the twenty per ^ cent section of the distribution act, and called it a "breach of faith on the part of the Whig party, who had yielded to the restriction in the extra session and thereby had secured the passage of the land bill." ^ Jones was answered by White, of Indiana, who said that the friends of distribution only accepted the suspensory clause of the ~ distribution act with the distinct understanding that whenever the tariff came up for adjustment the xmited force of the Whig party wovld repeal it. White, Stuart, of Virginia, and Garuthers, of Teimessee, also defended the repeal of the twenty per cent clause by ,, declaring that the compromise bill of 1833 provided for permanent 1 New York Journal of Commerce, June 22, 30, 1842. J Washington Madisonian, June 14, 1842. » Charleston Mercury, June 21, 1842. « New York Courier and Enquirer, June 15, 1842; Richmond Enquirer, June 17, 1842. ' Adams, Memoirs, xr, 173. " New York Tribune, June 17, 1842. ^ I08 THE INFLUENCE OF THE PUBLIC LANDS distribution after June 30, 1842.' Gamble, of Georgia, called for the proof of this declaration,^ and Hunter, of Virginia, asserted that " there were many there present who heard the debates on the com- promise act, and they knew how promptly that assertion was met, when it was made at the other end of the Capitol, by persons who were parties to the compromise act — almost aU of whom declared it was the first time they had heard of such an understanding." * In spite of the opposition of the South and the Democrats, the Whigs passed the provisional tariff act, on Jime 15, in the House ■ by a vote of 116 to 103. In the Senate, to prevent Tyler's veto which Wise intimated was certainimless the proviso in the distribution act of 1841 were carried out, Evans, of Maine, a friend of the bill, changed the repeal of the , proviso to a provision postponing distribution one month, until August I. This amendment, while appearing to concede, still served the object of the Whigs, because the proviso would be overridden after only a month's delay. Under these conditions, the biU passed , the Senate, on June 24, by a Whig vote of 24 to 19, and the House of Representatives concurred with the Senate amendment by a party vote. Tyler vetoed it, because he considered it a violation of - the distribution act of 184 1. So the plans of the Whigs were de- feated by the courage of the President.^ The Whigs were angry, and the Democrats and the South deeply grateful, when they learned of Tyler's veto of the provisional tariff act. The Eastern tariff Whigs now saw clearly that Tyler would veto any act calling for distribution with a tariff above twenty per cent, and yet their only hope for a tariff measure seemed to be in continued reliance on the Western Whigs. Their plan seems to have been to try Tyler once more with tariff and distribution, and then to say to the Western Whigs : " We have done what we can for you ; ' now help us to pass a Protective Tariff measure without Distribu- tion." The Western Whigs continued to insist on distribution, and^ ' Cong. Globe, 27th Cong., 2d Sess., 637, 699, 708. 2 Ibid., 636. ' Ibid., 716. ' References on "Provisional" or "Little Tari£E" bill: Charleston Mercury, Jtine 18, 28, 1842; Richmond Enquirer, June 21, 1842; New York Journal of Commerce, June 22, 30, 1842; New York Express, June 28, 1842; New York Tribune, July 6, 7, 1842. THE WHIGS AND THE VICTORY OF 1840 I09 offered the tariff Whigs the choice of the proposed tariff and dis- tribution, or a general twenty per cent level and distribution.' On " the other hand, the tariff Whigs were urging on Clay the passage of a reasonable tariff act without a distribution rather than to ad- ' joum without any tariff at all, and they claimed the country would not support Clay in his stand.^ Clay, to persuade the tariff Whigs to hold true to his standard, declared that he was fighting for a principle — to prevent Tyler's taking from the House of Represen- tatives its most important right, taxation.' The Richmond En- ' Morehead to Clay, July 2, 1842 : " Congress will adjourn under the most auspidous circumstances. The present determination is to unite the North and South in the sup- port of a good bill, saving the proceeds of the Sales of the Lands — and if Tyler vetoes it, as he must, then to fall down upon a rate of duties of twenty per cent with a home valuation." (Crittenden MSS.) Crittenden to Clay, July 15, 1842: "Nothing has oc- curred to change or disturb my convictions — that we shall pass the permanent Tariff, with a reservation of the land fund to the States, and that Tyler will veto it. Clouds and darkness rest upon all beyond that. If our Tariff friends from the North can be reconciled to it, we will as the last alternative, pass a bill . . . with a duty of twenty per cent on the home valuation.'' (Crittenden MSS.) * Porter to Crittenden, July 21, 1842: "The protection of our own industry, and a national Bank, are the two great questions which now occupy the American mind. Will the people bear the postponement of proper legislation on the first, for the sake of the land bill? .1 doubt it — my doubts amount to almost convictions that they will not. Their pockets and in many instances their sustenance depend on its adoption, will they be willing to forego the advantages it would augur for the distant benefit they would indirectly receive from the Land Bill? I fear they will not and I think it would be better to postpone the distribution matter until we had less stringent times. I would infinitely prefer going before the People on that question with the tariff existing than to try it with the angry feelings which the event of the latter wiU inevitably excite." (Crittenden MSS.) Saltonstall to Clay, July 7, 1842 : "I cannot but think it the lesser evil to pass, if we are without division among ourselves, some bill, which will provide for the wants of the Government and revive in some degree the prosperity of our coun- try. It wiU be a bitter pill to take. It would be much more agreeable to my feelings to go home at once — but could the people understand that course? Would they not be^ made to think that it proceeded from an obstinate clinging to the distribution, at the expense of a revenue and a tariff bill? I fear so." (Crittenden MSS.) Choate to Da- vis, July 19, 1842: "I must say the Clay flag floats off pretty fair — But has this people character enough to carry us through a grand campaign of electioneering on mere measures — and those old high-toned measures of Bank and Lands and Conserva- tism? I wholly doubt it — The last had aid from spectacle — military glory — hope — fatigue — This must go on great doctrines — and civil qualifications. Is the people up to that?" (Davis MSS., vi, no. 103.) ' Clay to Crittenden, July 16, 1842: "You ask whether there may not be danger, in the event of another veto upon the permanent tariff of some of our most ardent friends of a tariff yielding the distribu- no THE INFLUENCE OF THE PUBLIC LANDS quirer gives a good view of the situation after Tyler's veto of the ' ' Little Tariff " : " The Whigs are so mad with Tyler that they refuse to raise any revenue at all unless he will consent to Distribution. This is being done from party motives — to break Tyler and smug- gle Clay into the Presidency. Surely the prudent part of the Whig party will not go to these extremes, but wiU pass a moderate Tariff without Distribution." ^ Finally, the Whigs apparently got to- gether in caucus and agreed to include in the permanent tariff bill the distribution feature. They fvirther agreed that if Tyler vetoed this, they woiild pass tariff and distribution separately.^ The tariff Whigs were obhged to accept this arrangement, but they still feared that after the next veto Clay and his friends would continue to urge upon them adjoiimment and defiance of Tyler.' ^The tariff tion? I hope not. Acting together in the passage of the bill; the indignation which another veto will excite; the public manifestation of disapprobation of the first and the still stronger diapprobation which will be exhibited of the second ... all these cir- cumstances combined will, I trust, knit you together, consolidate your strength, and prevent desertion. " I think you caimot give up distribution, without a disgraceful sacrifice of independence. The moral prejudice of such a surrender upon the character of the party and upon our institutions would be worse than the disorder and con- fusion incident to the failure to pass a Tariff. ... It would be to give up the Legislative power into the hands of the President, and would expose you to the scorn, contempt and derision of the People and of our opponents. . . . The oc- casion calls for the greatest firmness. And do^not apprehend that the people will desert you, or take part with Mr. Tyler. They will do no such thiilg^" (Crit- tenden MSS.) » July 8, 1842. 2 Letter to the New York Union: "I had a peep into another caucus the other evening. Several meetings took place before a final result was reached. . . . Finally the following was unanimously agreed upon. The Clay Whigs from Kentucky, Ten- nessee, Indiana, Ohio, and Louisiana proposed that if the tariff men of the East and North would consent to pass the big tariff, with a provision to repeal the limitation in the Land Bill and force the President to another veto, then they would consent to pass another bill without distribution. The proposition succeeded by a majority vote, and finally was unanimously agreed to." (As quoted in Boston Courier, August 11, 1842.) ' Sargent to Clay, August 6, 1842: "It is not easy to say what Congress will do, should the bill be vetoed, but I think they would pass no other. Letters from all quar- ters of the country speak in a firm and manly tone. Most of them advise no flinching, no compromise, — no additional bill. Stevens writing to Jas. Cooper says . . . 'Die with the land bill rather than record your vote in submission to a tyrant. I shall suffer much for want of a tariff, but I had rather be a bankrupt than a slave.' " (Crittenden MSS.) THE WHIGS AND THE VICTORY OF 1840 III distribution act passed the House and Senate by a party vote, and again Tyler vetoed it as was expected. ' There were three possibilities of Whig action after the second veto: First, a tariff act with a general twenty per cent level, with distribution, but the tariff East was hostile; second, a protective tariff without distribution, but the Western Whigs opposed; and third, adherence to distribution or adjournment without action.^ With the view of getting the support of the country against Tyler's destruction of the revenue bills, Clay pushed the third as a matter of constitutional principle,' and influenced Adams to act as leader in the House. He soon found, however, that he had overreached himself, and if he continued in his course, the Whig party would spUt and the country as a whole woiild not support him in his per- sonal policy. The Eastern manufacturers did not intend to sacrifice their interests to loyalty to their party leader, nor would the coun- try be content to suffer financial depression because of Clay's political ambition.* When the Democrats learned of Clay's plan, they nianeuvered to benefit by the situation. Calhoun approached the Eastern Whigs and promised support for a moderate tariff act without distribution. Van Buren, not to be outdone by Calhoun, pledged the votes of his ' New York, Tribune, July 19, 1842; New York Express, July 19, August 8, 1842; New York Journal of Commerce, July 22, 1842; Salem Gazette, July 22, 1842. 2 Crittenden to Harlan, August 16, 1842. (Crittenden MSS.) ' Clay to Clayton, August 8, 1842: "My information is that Tyler will veto the permanent Tariff. In that event I sincerely hope that the Land Measure will not be sacrificed. Important as a Tariff imdoubtedly is, it dwindles into insignificance when compared with the independence of the House of Representatives on a Revenue Bill. I think you and all our prominent friends ought to strengthen the Whigs in Congress as much as possible. They ought at all hazards to insist upon the distribution of the Land Fund." (Clayton MSS.) McClellan to Van Buren, August 15, 1842: "The poor Whigs are in much excitement, and have been in caucus every day since Veto No. 4 was delivered. . . . A respectable minority are for passing a tariff bill and suspending distri- bution till Jan. I, 1845. The leaders and a majority are for adjourning instanter and starving the Capt. into submission." (Van Buren MSS.) And again, on August 23, 1842: "The Clay leaders, especially Crittenden in the Senate and Adams in the House — were determined to keep it [tariff an open question for agitation in the coming election." (Van Buren MSS.) * New York Journal of Commerce, August 30, 1842; Richmond Enquirer, July s, August 12, 1842; T. Clas^ton to J. M. Clas^ton, August 13, 1842, Clayton MSS.; White to Letcher, July 11, 1842, Crittenden MSS.; Adams, Memoirs, xi, 228. 112 THE INFLUENCE OF THE PUBLIC LANDS friends to the same end.* When Clay saw that he would lose the Eastern Whigs by persisting in his course, he changed his policy and agreed to support a tariff measure without distribution.* Calhoun immediately backed water, and returned to his former free-trade attitude.* Van Buren tried to be cautious, because he did not want 1 C. Johnson to J. K. Polk, August 28, 1842: "I informed you of the irreconcilable squabble between the Tariff^ Whigs and the Distribution Whigs. The Democrats and Distribution Whigs voted foradjoununent on the 22d. We should have adjourned that day without a TarifiE and without a Whig reconciliation but alas — the squabble erected hopes among our leaders of using the Tariff Whigs in the Presidential Election for their own benefit, and at expense of other Democrats. The Tariff Whigs were in mar- ket put up to highest bidder. IngersoU's Amendment drawn up by Buchanan who is thought by many to represent J. C. C, proposed to take the Tariff of 1840 — a pretty fair bid — equal at least to the Tariff of 1832 — it seemed for a while that it would take but when it came to be voted on it was too low for tariff men and too high for Anti-tariff but many of our Van Buren men would not be outbid and was [sic] disposed to give no advantage to other branch of Democrats it was even hinted that J. C. C. would vote for it as a temporary measure — it was soon given out that Wright would go for it too and such things were said of Benton . . . tliis state of things seemed likely to secure the Tariff Whigs to others than the great champion Clay and his friends set to work and bid up at last the big Tariff without distribution upon condition that a separate distribution bill should be sent to the Capt. for another veto — this was of course accepted, having that confidence in each other which exists among pickpockets, when their union is necessary for their own preservation or being identical in principle, having no other than to secure money on one side and poUtical promotion on other but all could not be lost in that way. Van's friends would not be outbid, so the New York Democrats in the House (many of them) and Wright in Senate gave way and agreed to same bid while Buchanan and Sturgeon and Ruel Williams united. I have no doubt the Whigs were detailed in both so as just to make enough to pass the Bill, get- ting as many of Van's friends with them as possible." (Polk MSS.) H. L. Tumey wrote Polk, September 4, 1842: " Calhoun and his friends are making it the occasion of denouncing Van Buren and his friends as high tariff men in order to thrust him Cal- • houn at the head of the party. The truth of this matter is that while the Clay wing of the Whig party were opposing the tariff without distribution and therefore producing a division between the distribution and tariff men which threatened to prove fatal to the Whig party, Calhoun and his friends with a view no doubt of securing the support of the Northern Federalists were making propositions of compromise of a tariff, em- bracing all the objectionable principles in the Bill which are to be found in the bill that finally passed. Wright discovered this movement of Calhoun and resolved not to be outbid. So he went to work in the same way and committed himself and his friends in the House for the bill, the Clay men however seeing what would inevitably be the result of their course that it would effectually destroy Clay — finally gave their sup- port to the measure. As soon as this was done and the Whig party thereby reunited, Calhoun returns to his free trade doctoring and raises the hue and cry against Van, Wright etc. and are now laboring to rise upon their downfall when in fact he is guilty of the same offence, except he displaid more judgment in his retreat from a measure THE WHIGS AND THE VICTORY OF 1840 II3 the tariff question by any chance to be involved in the fall campaign ; he saw to it that enough Democrats, in both the Senate and House of Representatives, voted for the moderate tariff without distribu- tion, so that the coimtry might be assured of a revenue measure.' " His fears were really groundless, because if the tariff bill had not been carried, the Whigs would have reconsidered and more Whigs would have voted in favor.^ As a result, tariff without distribution /'passed both House and Senate, the Western Whigs voting against, '^ but enough Whigs voting in favor to carry the bill. A bill for dis- tribution, even when the tariff was above twenty per cent, was passed as a separate measure, and was pocketed by Tyler. Thus the plans of the Whigs, who had expected to benefit by their victory of 1840, had been shattered by tariff sectionalism. which he would have doubtless supported but for the reunion of the Whigs." (Polk MSS.) ' New York Tribune, August 29, 1842; Richmond Enquirer, September 2, 1842; New York Journal of Commerce, August 30, 1842. ' "They could have had easily 8 or 10 majority in either House if desirable." (C. Johnson to J. K. Polk, August 28, 1842, Polk MSS.) Richmond Enquirer, August 30, 1842; New York Tribune, August 29, 1842; New York Journal of Commerce, August 30, 1842. CHAPTER VI CONCLUSION With the growth of sections having conflicting economic inter- ests, the disposition of the public lands became a subject for sec- tional alliances and political bargainings. Changes in the adminis- tration of the pubhc domain in accordance with the desires of the pioneer West, of labor, and of poHtical idealists could be obtained only by the alliance of these interests with other factors for mutual benefit. Thus the West and the South acted together from 1830 to 1832, upon the common basis of opposition to the Eastern plan for the distribution of the proceeds of the pubHc lands, which would result in the high price of land and the maintenance of a protective tariff, both antagonistic to the economic development of the two sections. But the West, failing to obtain any positive assistance from its alliance with the South, turned to the Administration party, and was saved from Clay's public land distribution bill by Jackson's pocket veto in March, 1833. During the period of surplus the plans of the West did not progress, but after the panic of 1837 the desire of Van Buren to establish the independent Treasury and the demands of the Loco Focos for freer access to the public domain turned the tide, and temporary preemption bills were passed in 1838 and 1840. In 1840, the West, as the section which was grow- ing most rapidly in population and political strength, held the bal- ance of power, and was appealed to by Calhoun and the South, and the two national party leaders. Van Buren and Clay. The interests of the settler West were Jeopardized by Clay's interpretation of the Whig victory to mean a national indorsement of the distribution of the proceeds of public lands; but the hostility of the low-tariff South to this measure and the Democratic majority in the Senate, which remained in office until March 4, 1841, served the West by preventing the passage of a distribution bill. In the extra session a compromise measure was carried in which the Whigs were obliged to concede permanent preemption, to win the Western element of CONCLUSION 115 their party, and the suspension of distribution whenever the tariff should rise above twenty per cent, to conciliate the anti-tariff South. The settler West, in 1842, found a new ally in John Tyler, whose ancestors in low-country Virginia had been the bitter enemies of the West in the colonial period. His vetoes of tariff bills, repealing the suspensory clause of the distribution act of 1841, obliged the Western Whigs to give up their plan of combining distribution with a high tariff. The result of the struggle of sections and parties over the dispo- sition of the public lands from 1828 to 1842 had really been a compromise by which the North and South Atlantic States had maintained sialus quo, while the West had obtained permanent preemption. The opposition of the North Atlantic section to the reduction of the price of the public lands had prevailed, and the South had succeeded in preventing a higher tariff, which would have resulted from the distribution of the proceeds of the public lands. The question arises, What in the light of evidence would have been the wise policy? A really scientific law could not have been enacted, for it would have been opposed by those sections which regarded it as harmful to their interests. Nor could a national party have passed it, because its members would have been more loyal to section than to party. Furthermore, individualism, the prevail- ing American force at that time, would have interposed an insup- erable obstacle. Custom would have modified a scientific law, even if it had been enacted. The wise policy would have been a compro- mise, as ever the only solution in case of distinct clashes of opinion and interest. The leaders of each section might have conferred and agreed on a comprehensive plan which, conceding something to each section, would have been accepted by all. For example, a low rev- enue tariff, with high duties on luxuries and such duties on manufac- tured articles as would afford a reasonable profit; donation of land to settlers, the sale of land to others^ and the application of the net income to general expenses or to internal improvements, might have served as a basis for such a compromise. Public lands persisted after 1842 as both a party and sectional question. The manufacturers and the financial interests still urged ' distribution, while the pioneer West demanded reduction and Il6 THE INFLUENCE OF THE PUBLIC LANDS cession and Joined with the labor element in advocating donation. Distribution was supported by the Whigs in 1844 and opposed by the Democrats; but the annexation of Texas was the leading issue of this campaign. From 1828 to 1842 the South hadjregarded the pubUc lands in reference to alow tariff,,.but_SQQn_after 1842 her | attitude on the land question was determined by her desire for the extension of slavery. The close connection of these two subjects became more evident in 1848, when the Free Soil party included in their platform free grants to actual settlers. Thus it was impossible for the free pioneer West, though aided by the growing labor movement and the antislavery forces, to obtain the passage of the Homestead Act before the outbreak of the Civil War. Tf The Western problem of the public lands, coupled with the growing political power of that section, had affected other ec- onomic legislation. During the years 1828-1833 and 1840-1842, the Clay party had tried to use public lands as a stepping-stone to a high tariff, but owing to sectional opposition it had proved a stumbling-block. The Southern and Western alKanceof 1830-1832 and the combined opposition of the pioneer West, the Western dis- tribution Whigs, and the low-tariff South, headed by Tyler, almost shattered the protective tariff of 1842 and the Whig party. Public lands and internal improvements were also closely associated. Lands had been given to the States to build roads and canals in the twenties, and after Jackson's Maysville veto of 1830 the interested parties turned to Clay's distribution plan as a practical means of furthering their interests. This is seen especially in the agitation by the debtor States for distribution from 1840 to 1842. During Van Buren's Administration the public land question was also linked with the independent Treasury. The success of that measure in 1840 was due in part to the support of the pioneer West in return for Van Buren's Uberal public land pohcy. ■■. The question affected not only economic measures, but also the political fortunes of sectional presidential candidates. Adams's policy for the disposition of the public domain, creating a fund from the sale of lands for national internal improvements, was that of a conservative, European administrator, and so did not appeal to a section trying to build up a self-sustaining landholding democracy. CONCLUSION 117 The antagonism between the manufacturing class and the Western pioneers stood in the way of Webster's advancement. Clay, in an awkward position between the public land West and the tariff East, tried to keep both sections true to him by a compromise, distribut- ing the proceeds from the public lands for internal improvements" and giving a bonus to the West. He failed to get the allegiance of the pioneer West, and so had to give way to Harrison. Van Buren's ambiguous position, coupled with the friendship of Jackson and a strong Eastern support, obtained for him the presidency. Calhoun was preeminently a sectional leader, but he tried to win Western support by his proposal to cede the lands to the States in which they lay, later adding graduation and preemption. In spite of these concessions Calhoun's ambition was never satisfied, owing to the opposition of the populous North Atlantic States and the old West led by Clay and Van Buren. Thus, during the period of this study, the public land question exercised a wide influence upon other legislation and on the political careers of sectional and party leaders. THE END BIBLIOGRAPHY The following list of secondary works and sources contains only those which were of actual use in the preparation of this essay. General Works Those containing extracts of value are: W. MacDonald, Jachsonian Democracy, 1829-37 (American Nation Series, vol. xv), New York, 1906; J. B.McMaster, .4 History oj the People of the United States, 8 vols.. New York, 1883-1913; J. Schouler, History of the United States under the Constitution, revised edition, 6 vols.. New York, 1894-99; F. J. Turner, Rise of the New West, 1819-29 (American Nation Series, vol. xiv). New York, 1906; W. Wilson, Division and Reunion, 1829-1909, New York, 19 12. Special Works Ballagh, J. C. Tariff and Public Lands. (Aimual Report of American Historical Association, 1898, p. 235.) Suggestive for financial side. Ballagh, J. C. Introduction to Southern Economic History: The Land System. (Annual Report of American Historical Association, 1897, lOI.) Bibliographical Congressional Directory, i 774-1903. (House Docxmients, S7th Congress, 2d Session, no. 458.) Washington, 1903. Valuable for party affiliations. Bourne, E. G. History of Surplus Revenue of 1837. New York, 1885. Of value in obtaining a preliminary knowledge of the field. Colgrove, K. W. Congress and the Pioneers, 1820-50. {Iowa Journal of History and Politics, vol. ix, p. 196.) Suggestive. Commons, J. R. Horace Greeley and the Working-Class Origins of the Republican Party. (Political Science Quarterly, vol. xxrv, p. 468.) Dewey, D. R. Financial History of the United States. New York, 1909. Edwards, N. W. History of Illinois from 1778 to 18 jj, and Life and Times of Ninian Edwards. Springfield, 111., 1870. Contains valuable material for the relations between Edwards and Calhoim. Fish, C. R. The Civil Service and the Patronage. (Harvard Historical Studies, vol. xi.) New York, 1905. 120 BIBLIOGRAPHY Ford, A. C. Colonial Precedents of Our National Land System, etc., as it existed in 1800. (Bulletin of the Univeristy of Wisconsin, History Series, vol. n, no. 2.) Madison, igio. Garnett, R. Edward Gibbon Wakefield, and Colonization of South Aus- tralia and New Zealand. London, 1898. Hill, R. T. Public Domain and Democracy. (Columbia Studies, vol. xxxvin.) New York, 1910. Hill, H. A. Memoirs of Abbott Lawrence. Boston, 1883. Houston, D. F. A Critical Study of Nullification in South Carolina. (Harvard Historical Studies, vol. in.) New York, 1896. LoRiA, A. The Economic Foundation of Society. London, 1899. 7 Lynch, W. O. J. C. Calhoun and Political Parties. (A.M. Thesis, Uni- versity of Wisconsin, 1908.) Mathews, L. K. The Expansion of New England. Boston, 1909. Meigs, W. M. Life of Thomas Hart Benton. Philadelphia, 1904. ' Robinson, E. E. Origin of the Whig Party. (A.M. Thesis, University of Wisconsin, 1910.) — Sanborn, J. B. Political Aspects of Homestead Legislation. (American Historical Review, vol. VI, p. 19.) Suggestive. P^SjATO, S. History of the Land Question in the United States. (Johns Hop- kins University Studies, vol. iv. 1886.) Helpful in obtaining an ac- quaintance with the subject. SioussAT, St. G. L. Tennessee Politics in the Jackson Period. {American Historical Review, vol. xrv, p. 54.) Stanwood, E. American Tariff Controversies in the igth Century. 2 vols. Boston, 1903. Sumner, W. G. Andrew Jackson. (American Statesmen Series.) Re- vised edition, Boston, 1900. Taussig, F.W. Tariff History of the United States. New York, 1910. Treat, P. J. The National Land System, 1785-1820. New York, 1910. Wakefield, E. G. England and America. A Comparison of the Social and Political State of Both Nations. 2 vols. New York, 1834. Contemporary Writings Adams, J. Q. Memoirs, comprising parts of his Diary from I^p5 to 1848. 12 vols. Philadelphia, 1874-77. Suggestive. > Adams, J. Q. Address to his Constituents, September 17, 1842. Boston, 1842. (Pamphlet. Boston Public Library.) Valuable. Benton, T. H. Thirty Years' View; or, a History of the Working of the BIBLIOGRAPHY 121 American Government for Thirty Years, from 1820-1850. 2 vols. New York, 1854-56. Byrdsall, F. The History of the Loco-foco, or Equal Rights Party; Its Movements, Conventions, and Proceedings. New York, 1842. Helpful. Calhoun, J. C. Correspondence. (Annual Report, American Historical Association, 1899, vol. n.) Washington, 1900. Valuable. Chevalier, M. Society, Manners, and Politics in the United States; Being a Series of Letters on North America. Boston, 1839. Commons, J. R., and others, editors. Documentary History of American Industrial Society. 10 vols. Cleveland, 1 909-11. Valuable. Essex County National Republican Convention. Address to the Elect- orsofEssexCounty,lAzxch.i?),i?iyy. (Pamphlet. Essexinstitute, Salem.) Massachusetts Defrauded in Relation to the Public Lands. Published by the Whig RepubUcan Association, Boston, 1840. (Pamphlet. Essex Institute, Salem.) Valuable. Massachusetts Historical Society. Proceedings, 3d Series, vol. n. Valuable for letters of George Bancroft to Van Buren. RoBBiNS, A., and Burgess, T. Address to Citizens of Rhode Island. Providence, 1832. (Pamphlet. University of Wisconsin Library.) Suggestive. Tyler, L. G. The Letters and Times of the Tylers. 2 vols. Richmond, 1884-96. Van Tyne, C. H. Letters of Webster. New York, 1902. Verplanck, W. C. Political Mirror of Jacksomsm. New York, 1835. Washbuene, E. B., editor. The Edwards Papers; Being a Portion of the Collection of the Letters, Papers, and Manuscripts of Ninian Edwards. (Chicago Historical Society Collections, vol. m.) Chicago, 1884. Valuable. Webster, D. Speech at Merchants Meeting. New York, September 28, 1840. (Pamphlet. Essex Institute, Salem.) Of value. Whig Almanac, 1838 to 1842. Valuable for party affiHations. Contemporary Newspapers The newspapers of the period contaui a wealth of material both on the sectional and party aspects of the land question. The best collec- tion was in the Library of Congress. Important files were found in the collections of the University of Wisconsin, the Boston and New York Public Libraries, the Essex Institute at Salem, the Boston Athenaeum, and the American Antiquarian Society at Worcester. 122 BIBLIOGRAPHY The following newspapers have been used for the whole period: — Albany Argus. Democratic. Valuable. Alexandria Gazette. Democratic. Boston Atlas. Organ of the Whig party of New England. Boston Daily Advertiser. Whig. Boston Daily Courier. Whig. More valuable than the Advertiser for Editorials and news from Washington. Charleston Courier. Democratic. Of Httle importance. Charleston Mercury. Important as Calhoun's organ, and useful for quotations from other papers. Columbian Centinel, Boston. Merged in Boston Daily Advertiser, 1840. Whig. Frankfort Argus. Democratic. Hartford Times. Democratic. Of little importance. Maysville Eagle. (In collection of Colonel Reuben Durrett, Louisville, Kentucky.) Whig. Missouri Argus, St. Louis. Important as Benton's organ. National Intelligencer, Washington. Clay's Organ. Useful for quota- tions from other papers. New Hampshire Patriot. Concord. Most influential Democratic paper in New England. New York American. Whig. New York Courier and Enquirer. Leading Whig paper after 1834. Valuable. New York Evening Post. Democratic. Valuable. New York Morning Express. Whig. Important. Niles's Register, Baltimore. Valuable for quotations from other papers. Richmond Enquirer. Edited by Thomas Ritchie. Valuable as organ of Virginia Democrats. United States Telegraph, Washington. Its editor and publisher was General Duff Green. It was the oflScial organ of Jackson's party until Jackson's break with Calhoun; then it became Calhoun's organ. Washington Globe. Organ of Jackson's party after Jackson's break with Calhoun. For the relation of tariff and public lands, the following newspapers have been used: — Annapolis Republican. Democratic. Baltimore American. Whig. Boston Advocate. Democratic. Of slight value. BIBLIOGRAPHY 122, Boston Statesman. Democratic. Valuable. Detroit Democratic Free Press. Democratic. Detroit Journal and Michigan Advertiser. Whig. Frankfort Commonwealth. Whig. Independent Chronicle, Boston. Whig. Indiana State Journal. Whig. Log Cabin, New York. Whig. Louisville Public Advertiser. Democratic. Lowell Journal. Whig. Madisonian, Washington. Whig in 1841, but followed Tyler when he broke with that party. Massachusetts Spy, Worcester. Whig. Has good quotations. Mobile Daily Register. Democratic. New England Palladium, Boston. Whig. New Orleans Bee. Whig. New York Daily Advertiser. Whig. New York Evening Journal. Whig. New York Herald. Favored Tyler. New York Journal of Commerce. Democratic. Vandalia Whig and Illinois Intelligencer. Whig. The following newspapers were useful for the chapter on "Surplus and Panic": — Arkansas Gazette, Little Rock. Democratic. Boston Daily Morning Post. Democratic. Boston Mercantile Journal. Whig. Detroit Democratic Free Press. Democratic. Illinois State Register and People's Advocate, Vandalia. Democratic. Jackson Mississippian. Democratic. Of slight value. i>«Biao«» . New York Commercial Advertiser. Whig. New York Daily Advertiser. Whig. Salem Gazette. Whig. Washington Reformer. Replaces Telegraph as Calhoun's organ. For the election of 1840 good material was found in the following newspapers: — Albany Jeffersonian. Whig. Arkansas Gazette, Little Rock. Democratic. Connecticut Courant. Whig. Detroit Democratic Free Press. Democratic. 124 BIBLIOGRAPHY Extra Globe, Washington. Valuable. Green County Torchlight, Xenia, Ohio. Whig. Niles (Michigan) Intelligencer. Democratic. Northwestern Gazette and Galena Advertiser. Whig. Rough Hewer, Albany. Democratic. Salem Gazette. Whig. The Axe, Cleveland. Whig. Public Documents Annals of the Congress of the United States, 1780-1824. 42 vols. Wash- ington, 1834-56. Register of Debates in Congress, 1823-37. 29 vols. Washington, 1825-37. Congressional Globe, containing the Debates and Proceedings. 1833-73. 108 vols. Washington, 1834-73. Journal of the House of Representatives of the United States. Aimual vol- times since 1789. Philadelphia and Washington. Journal of the Senate of the United States. Annual volumes since 1789. Philadelphia and Washington. American State Papers. Public Lands. Senate Documents, 1817-49. House Reports of Committees, 1819 to 1914. BUls and Resolutions of House and Senate. Illinois General Assembly. Journals, 1828-29, 1830-31. Donaldson, Thomas. The Public Domain, 3d edition. (House Miscel- laneous Documents, 47th Cong., 2d Sess. no. 45, part 4.) Washington. 1884. Richardson, J. D. Compilation of the Messages and Papers of the Presi- dents. (House Miscellaneous Documents, S3d Cong., 2d Sess., no. 210.) 1789-1898. 10 vols. Washington, 1896-99. Manuscript Sources Library of Congress. Much of the material for this essay was found in the manuscript collections here. Of chief importance was the rich collection of Van Buren manuscripts, containing first drafts of im- portant vetoes, a valuable series of nearly three hundred letters be-' tween Jackson and Van Buren, and many letters from other men on land, labor and poUtics. Second in importance were the Jackson manuscripts, rich in western material. Of less importance, but still BIBLIOGRAPHY 1 25 illuminating, were the unpublished letters of Calhoun, Polk, Critten- den, Edwards, Webster and Galloway. American Antiquarian Society, Worcester. The Journal of John Davis in the Davis Manuscripts proved valuable in furnishing mate- rial on the New England point of view. Ogg, F. a. Collection of Webster Manuscripts. Valuable. Essex Institute, Salem. Saltonstall papers. Treasury Department, Washington. Correspondence of the General Land Office. Suggestive. INDEX Adams, J. Q., views of, on public lands, 3- 4; comparison with Wakefield's plans, 4; concern of, over ideas of Ninian Ed- wards, 17-18; recognition of South and West alliance, 33; explanation of dis- tribution provision of Compromise Act, 46; fearsVanBuren'slandpolicy, 66, 70. American system, condemned by South, 25; connection with .public lands, 35. See Clay. Assumption of State debts, agitated by Whigs, 75, 76; denied, 76, 78, 80; objec- tions of settler West to, 78; Benton's resolutions against, 78-82; Grundy's report, 79-80; Democratic accusation that Whigs were planning, 79-81; at- tempt of Clay to postpone, 82; South aroused against, 82. See State stocks. Distribution (1840-42). Baring Bros.' circular (1839), 75, 77. 79, 80, 89. Benton, T. H., champion of settler West, 6, 28, 78, 92, and note i; attack on Foot's resolution, 28, 29; opposes dis- tribution, 39, 102-03; opposes cession amendment to land bill, 61; favors ces- sion bill, 62; possible influence on Van Buren, 68; and assumption, 78-82. See Preemption, Log Cabin Bill, Gradua- tion, South and West alliance. Bibb's resolution, on reference to Com- mittee on Manufactures of tariff and public-land questions, 34; vote on, ana- lyzed, 3S, note 2, 36. Blair, F. P., SS, 88, 91, 95. Calhoun, J. C, as Southern leader, 12, note I, 18, 60, 92, 117; and tariff, 12, note 1, 44, 47, 48, 80, III, 112, and note i; and States' rights, 12, 19-20, 60; and Duff Green, 13, note 2, 21, 22; and Ninian Edwards, 18-21; and Van Bu- ren, 22, 23, 84-85; and third party, 30, 35, note 2, 43, 47, so; and graduation and preemption, 34, 43, 71, 83; and dis- tribution, 39, 43, 47, so, and note i, 80, note 4, 98; and Clay, 44-47; reasons for championing cession, 58-60; political character of public-land policy of, 60- 61, 62-63, 84-85, 92, and note i, 117. See Land Bill of 1837, South and West alliance. Calhoun's cession plan : provisions of amendment, 581 S9; probable motive, 60; defeated in Senate, 62; cession bill: introduced (1837), 62, tabled, 63; political character of, 62-63; vote an- alyzed, 63-64; results, 64; (1838), 72; reintroduced (1840), 84; political views of, 84-86; terms, 84, note 4; as amend- ment to Log Cabin Bill (1841), 89; lost, 92; vote analyzed, 92-93. See Cession of public lands to States. Cession of public land to States, early sup- porters, 7, 16, 17, 41, 42, 59; opposition of Clay, 17, 62; referred to Committee on Manufactures, 34. See Calhoun's cession plan. Clay, Henry, opposes Western land plans, 17, 36-37, 62, 71, 72-73, 82, 87, 91; and tariff, 17, 34-36, 44-47, 106, note 5; 108-13; champions distribution, 36-37, 43, 48, 49, 82, 109, note 3, in; and the moneyed element, 38, 92, 94, 98; politi- cal character of land policy of, 38, 40, S0-51, 92, note I, 117; and Calhoun, 44-48, 62-63; leader of Whig party, 64, 96-97; and Western distribution Whigs, 105-06, 110-12. See Whigs, Distribu- tion, Rives's bill. For action of Clay's party before 1836, see Bibb's resolution, Himt's resolution, votes on Distribu- tion, and Graduation. Clayton, J. M., evidence of, on connection of distribution and compromise tariff, 45-46. Compromise tariff. See Tariff. Crittenden, J. J. See Distribution resolu- tion (1840-41). Davis, John, views of, on public lands, 27, note 4. 128 INDEX Democrats, favor Western land plans, 29, 41-42, 57, 89; have majority in Senate, 71, 96; oppose distribution, 98, 108. See votes on Distribution, Graduation, Pre- emption, Tariff, Independent Treasury, Land Bill of 1837, Assumption, Rives's bill, Bibb's resolution; see also Van Bu- ren, Jackson, Benton. Deposit Act (1836), 51; attempt to estend, S4, and note 3. Distribution, of proceeds of public-land sales, sectional significance, 5-6, 7, 24, 25, 38, 39; connection with tariff, 24-25, 29, 38-39. 44, 47, 80, 91, 92, 98, 101-03, 105-11; remedy for surplus, 49, S4; connection with assumption, 76, 81; proposed bills, s; Hunt's resolution, 23- 24; vote analyzed, 25-26; Clay's bill (1832), 37, reference of, to Committee on Public Lands, 39; passes Senate, 39; vote analyzed, 39, note 8, 40 ; course in 1833-35, 39, note 2 ; postponed in House, 40 ; vote analyzed, 40; note 2; passes Senate (1833), 43 ; vote an- alyzed, 43; passes House, 47; vote an- alyzed, 47; pocketed by Jackson, 47, and note s; passes Senate (1836), 50; analyzed, 50; tabled in House, 50; vote analyzed, 50, note 6; introduced (Dec, 1836), 54, note 2; distribution amend- ment to graduation bill lost (1839), 73; Crittenden's resolution (1840), 81; lost, 82; Crittenden's amendment to Log Cabin Bill (1841), 88-89; lost, 92; vote analyzed, 92-93; Crittenden reintro- duces amendment, 93; lost, 93; jdis- tribution-preemption Bill (1841), party measure, 97; sectional and party views on, 97-98; passes House, 99; connec- tion with bankruptcy bill, 99-100; opposition of Southern Whigs, 101; Southern amendment, 101 ; passes Sen- ate and House, 103; importance of pas- sage, 104; desire of Western Whigs for (1842), 105 ; included in provisional tariff bill, 107; course of bill, 107-10; stand of Clay, 109-12; included in per- manent tariff bill, in; views on, 11 1- 12, and note i; passes and is vetoed, .111; separate distribution bill (1842) |j)ass es, vetoed by Tyler, 113. Divorce bill. See Independent treas- ury. Donation of land. Included in Benton's graduation bill, 6; urged by labor, 7, 8, 68, 69; threatened by distribution, 2S- Education, bill to use land proceeds for common schools, 51. Edwards, Ninian, sectional leader, 14; claims public land within States, 7, note 4, 13, 15, 19; relations with Duff Green, 13, note 2; relations with Cal- houn, 18-19; interpretation of Consti- tution, 19; message to legislature, (1828), 13-15; message to legislature (1830), 23; result of association with Calhoim, 23. Evans, G. H., views on public land, 42, 69; possible influence on Jackson, 42. Ewing, Thomas, resolution to annul spe- cie circular, 54. Foot, S. A., opposes Western land plans, 26; possible relation with North Atlan- tic interests, 27-28; introduces resolu- tion for limiting sales of public lands (1829), 26; reasons for, 27; debate on, 28-31; Benton attacks, 28-29; Hayne's attitude, 29; tabled on motion of Web- ster, 31, note 3. See South and West alliance. Gallatin, Albert, views on public lands, 2. Graduation of price of public lands, origin of idea, 6, note 3; desire of West for, 7; Benton's graduation bill (1828), 6; vote on, 8; vote analyzed, 9; result of failure, 12; passes Senate (1830), 33; terms, 33, note 4; vote analyzed, 33-34; tabled in House, 34; vote analyzed, 34, note 3; graduation amendment to Clay's dis- tribution bill (1832), 40; vote analyzed, 40; course of (in 1834-35), 49, note i; included in Calhoun's cession bill (1837), 59; included in Morris's bill, 53, note i; Morris's graduation amend- ment to land bill (1837), lost, 56-57; graduation and deficit, 68; favored by Van Buren, 68, 70-71; Walker's bill passes Senate (1838), 71; vote analyzed, 71, note i; polirical character of, 71; not taken up in House, 71, note 3; bill in- troduced by Clay of Alabama (1839), passes Senate, 72-73; opposition of INDEX 129 Clay of Kentucky, 73; vote analyzed, 73, note s; tabled in House, 73; vote analyzed, 73, note 5; passes Senate (1839), 83; vote analyzed, 83; fails in House, 83; included in Calhoun's ces- sion bill (1840), 84, note 4; included in Calhoun's cession amendment to Log Cabin Bill, 89. Green, Duff, approves of rights of States to public lands, 13, 22; relation to Ed- wards and Calhoun, 13, note 2, 20-22. Grundy, Felix, loyal supporter to Jackson, SS, note 6; upholds Benton's resolutions against assumption, 79-80; opinion on assumption, 81. Harrison, William H., nomination for President, 76, 82; views on land, 86-87, note 3; letter to, from Rothschild, 90, note 2; breach with Clay, 96; dies, 96. See Whigs. Hayne, Robert Y., on importance of pub- lic-land question, lo-ii ; attitude on land, 29, 33, note 4, 41, note 3, 43; and Foot's resolution, 29; declares friendship of South for West, 29-30; opposes tariff and consolidation of the Government, 29; attacked by Webster, 31; tariff reso- lutions of, referred to Committee on Manufactures, 34-35. Hunt's distribution resolution, 23, 25, 26. Independent treasury bill, connection with public lands, 66, 68; views of West on, 67-68; passes Senate (1837), 67; vote analyzed, 68; tabled in House, 68; vote analyzed, 68; passes Senate (1838), 72; cooperation of Western Democrats and Administration, 72, 83; vote analyzed, 72; fails in House, 72; vote analyzed, 72; passed Senate and House (1840), 84; votes analyzed, 84. Internal improvements, connection with public lands, 3, s, 37; sectional views on, 9, 10; connection with tariff and lands, 44, note 2, 45, and note 3; stopped by panic, 75; Tyler's views on, 96. See As- sumption. Jackson, Andrew, views of, on public lands, 42-44; influence of Evans and Benton, 42; opposes distribution, 47, S0-51; and specie circular, 51-52, 55; opposes Ewing's bill and Rives's substi- tute bill, 54, note 7, 55; opposes Rives's bill, 55-56; favors Log Cabin bill, 87- 88, 93; hostile to assumption, 91. See action of Jackson's party on Bibb's re- solution, 34-36; on Clay's Distribution bill (1832-33), 39, (1836), 50. Labor, relation to free land, 7, 8, 27, note 4, 28; relation to distribution, 39; pos- sible influence on Jackson, 42; on Van Buren, 68; resolutions in conventions (1834, 1836), 68, 69; supports specie circular, 69. See Loco Focos. Land Bill of 183 7, proposed by Morris, 53 ; indorsed and amended by Committee on Public Lands, 53, and note 2; regarded as sanction of specie circular, 55; con- nection with Rives's bill, 55-56; not satisfactory to pioneer West, 56; op- posed by Whigs, 57; opposed by Cal- houn, 58-60; Morris's graduation amendment lost, 56; vote analyzed, 56, note 9; party measure, 60-61; cession amendment lost, 62; vote analyzed, 62; ordered to third reading, 62; vote ana- lyzed, 62; final form, 64, note 2; passes Senate and House, 64; votes analyzed, 64, and note 4. Lawrence, Abbott, attitude on tariff and public lands, 27, notes 4 and 5; letter to Webster, 27, note 5. Legislature of Illinois, urges cession of public lands, 16. See Edwards, Ninian. Loco Focos, advocate cause of labor, 68; influence Van Buren, 68, 70; support specie circular, 69; desire free land, 69- 70; moderate Loco Focos join Demo- cratic party, 70. Log Cabin Bill, providing permanent pre- emption, introduced by Benton, 87, and note 4; approved by Jackson, 87-88; distribution amendment to, lost, 88, 92- 93; cession amendment to, lost, 89, 92- 93; original bill passes Senate, 93; vote analyzed, 93; not taken up in the House, 93; the result of, 93. Log Cabin campaign, 82-84, 87; attempt of Democrats to show up inconsisten- cies of Whigs in, 86. See Whigs. McLane, L., Treasury Report of, 41. Morris, Thomas, introduces bill to limit 130 INDEX sales of public lands to actual settlers (1836), 52-53; graduation amendment to land bill, 56-57. National Trades Union Convention's re- solutions on public lands, 69. North Atlantic States, economic interests of, analyzed, 9-10; favor high-priced public lands and distribution of pro- ceeds, 5-6, 27, and note 4, 37-38, 89. See votes on Foot's resolution, Tariff, Distribution, Cession, Preemption, Graduation, Land Bill of 1837, Inde- pendent Treasury. Northwest, economic interests of, ana- lyzed, 9-10. See West. Nullification. See Calhoun. Preemption, desire of West for, 3, 56; suc- cess threatened by distribution, 25 ; in- cluded in land bill of 1837, 53, note 2, 56; Van Buren favors, 70; retrospective preemption (1838), passes Senate and House, 71; votes analyzed, 71, note 2; bill extending Act of 1838 two years passes Senate (1840), 83; course in the House, 83, and note 8; included in Cal- houn's cession plan (1840), 84, note 4. See Benton's Log Cabin Bill (1841), and Bistribution-Preemption Bill (1841). Public lands, influence of, on Democracy, 2; revenue attitude toward, 2-6, 9; im- portance of question, lo-ii, 38, 48, 95; views of sections on, 9-10, 27, note 4; used for political purposes, 22, 38, 50- 51, 60, 62, 63, 64, 72, 84-85, 92, note I, 117; influence on wages, 27, note 4. See West, North Atlantic States, South, Distribution of proceeds. Graduation of price. Cession to States, Preemption, Donation, Independent treasury; see also Edwards, Calhoun, Clay, Jackson, Benton, Van Buren, Adams. Reduction in price of public lands, re- ferred to Committee on Manufactures, 34; recommended by Jackson, 42; vote of South on, 43-44. See Graduation. Revenue attitude toward public lands, 2- 6, 9. See North Atlantic States, Clay, Adams, Distribution. Rives, W. C, amendment to Ewing's re- solution, 54; opposed by Jackson, 54; referred to Committee on Public Lands and to Committee on Finance, 55; ar- rangement with Jackson, 55-56; Clay's amendment to Rives's bill, 56; passage of bill in Senate and House, 56 ; vote ana- lyzed, 56; pocket-vetoed by Jackson, 56; Rives accused of bidding for West, 63. Rothschild letters to Harrison and Web- ster, go, and note 2. Rush, Richard,iTreasury Report, 28, note 5. Sectionalism, economic interest of sec- tions analyzed, 9-10; fostered by pub- lic-land question, 38; result on land poUcy, 114-16. See West, South, South and West alliance. North Atlantic States. Sevier, J., attitude of, toward Land Bill of 1837, 57; favors Calhoun's cession plan, 61-62. Slaves, bill to use land proceeds for eman- cipation of, 5. South, economic interest analyzed, 9-10; result of sectional struggle on, 115. See South and West alliance, Calhoun, Foot's resolution, Hayne, votes on Graduation, Distribution, Cession, Pre- emption, Assumption, Tariff, Land Bill of 1837. South and West alliance, reasons for, 9- 10; beginnings through Calhoun and Edwards, 18, 21-23; through aggression of North Atlantic States, 23; vote on Hunt's resolution (1830), 25-26; Ben- ton looks to South for aid, 29, 31; Hayne offers alliance, 29; supposed terms of compact, 30; party opinions of) 3°~3i; Webster's hostility to, 31; reasons for hostility to, 32; attitude toward Foot's resolution, 31, note 3; ac- tion on Benton's graduation bill (T830), 33-34; action on reference of tariff and land questions to Committee on Manu- factures (1832), 34-35, and note 3; vote on reference of Clay's distribution bill to Committee on Public Lands (1832), 39; report of committee, 39; action on Clay's bill in House, 40; failure of South to pass graduation amendment, 40; end of alliance, 40; vote of South on reduc- tion and cession, 43; vote of West on tariff of 1832, 40; desire of Calhoun to renew, 92. Southwest. See West. INDEX 131 Specie circular (1836), provisions, 51; Whigs attack, 51-52; Jackson defends, 52; Ewing's resolution to annul, 54; amended by Rives, 54; opposition of Jackson, 54, and note 7; effect, 65; solicitation for repeal, 65, note i; atti- tude of Van Buren's followers, 65; Van Buren allows circular to stand, 65; later course, 65, note 5. Speculation in public lands, 49, 51, and note I, 52, 55, 57-58. Squatters, desire preemption, 3. See Pre- emption. States' rights. See Calhoun, Edwards, Webster. State stocks, 76-77, 79-80, 89, 90, 91, 94, 98, 102. Surplus, suggested remedies for, 49-51, S3; deposit act, 51. See Specie circular, Land Bill of 1837. Tariff, views of sections on, 9, 27, note 5; of Abominations, 12, note i; Hajme's opposition to, 29; resolutions referred to Committee on Manufactures, 34; vote analyzed, 35, note 2; connection with distribution, 24-25, 29, 38, 39, 44-47, 80, 91-92, 98, 101-03, 105-11; vote of South on tariff of 1832, 35, note 3; vote of West on, 40; compromise tariff, 44; provisional tariff, 107; includes dis- tribution, 107; passes House, 108; amended, passes Senate, and vetoed, 108; sectional and party views on, 108- 10; bill including distribution passes, iic>-ii; vetoed, in; bill without dis- tribution passes House and Senate, 113; vote analyzed, 113. Tyler, John, vote on graduation, 33-34; became President, 96; previous political action, 96; attitude on land, 97; influ- ences distribution-preemption bill, loi- 03; friction between Whigs and, 97, 105, note 3, 106-08, no; vetoes provisional tariff, 108; vetoes tariff-distribution bill, in; pocket-vetoes distribution bill, 113. Van Buren, Martin, and Edwards, 23 ; and Calhoun, 22-23, 84-85; on land ques- tion, 8, 41, note 3; 57, 64, 66, 68, 70-71, 93-94; and specie circular, 65 ; West and independent treasury, 66-68, 70-72, 84; and tariff without distribution (1842), 111-12, and note i; political character of land policy, 64, 72, 85. Wakefield, E. G., ideas on land, 4. Walker, R. J., favors Calhoun's cession plan, 61; reports cession from Commit- tee on Public Lands, 72; opposes dis- tribution, 100. Webster, Daniel, relation with A. Law- rence and Foot, 27, notes 5 and 6; alarmed at South and West alliance, 3 1 ; reason for alarm, 32; motion to table Foot's resolution, 31, and note 3; plea for national interpretation of Constitu- tion, 31; on party character of vote on distribution (1832), 40, note 2; interest in State stocks, 76-77, and notes 3 and 5; on tariff, distribution, and internal improvements, 42, and note 2; letter from Rothschild, 90, note 2 ; vote on pre- emption, 93. West, economic interest analyzed, 9-10; pohtical influence of, 3, 32, 61, 64, 66, 75, 82, 97, 104, 106, 1 14-15; desires pre- emption, 3, donation and graduation, 6; cession, 7, 13, 16-17, 20; opposes dis- tribution, 6, 25, 28, 39; remedy for sur- plus, 49; result of sectional struggle on, 114-15. See South and West alliance, Benton, Jackson, Clay, Van Buren, votes on Assumption, Independent Treasury, Graduation, Preemption, Cession, Distribution, Tariff, and Land Bill of 1837. Whigs, favor distribution as solution for surplus, 54; attack cession, 63; and as- sumption, 78; Log Cabin campaign, 82- 84, 87; attempt of Democrats to show up inconsistency of, 86; Clay's interpre- tation of Whig victory (1840), 87; pos- sible influence of foreign capitalists on, 89-90; friction between Tyler and, 105- 10. See Baring circular. Specie circu- lar. Independent treasury. Assumption, and votes on Graduation, Cession, Pre- emption, Distribution, Tariff, Rives's bill; see also Tyler, Clay. Woodbury, Levi, vote on graduation, 34; favors restriction of land sales to actual settlers, 52; on distribution, 100. Wright, Silas, solution for surplus, 53-54; attitude on tariff, 112, note i; on dis- tribution and tariff, io6^ note 5.